In the House of Representatives, U. S.,

October 16, 2004.

Resolved, That the bill from the Senate (S. 2845) entitled ‘‘An Act to reform the intelligence community and the

intelligence and intelligence-related activities of the United

States Government, and for other purposes’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘9/11 Recommendations

3 Implementation Act’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents for this Act is as follows:

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY

Sec. 1001. Short title.

Subtitle A—Establishment of National Intelligence Director

Sec. 1011. Reorganization and improvement of management of intelligence community.

Sec. 1012. Revised definition of national intelligence.

Sec. 1013. Joint procedures for operational coordination between Department of

Defense and Central Intelligence Agency.

Sec. 1014. Role of National Intelligence Director in appointment of certain officials responsible for intelligence-related activities.

Sec. 1015. Initial appointment of the National Intelligence Director.

Sec. 1016. Executive schedule matters.

Sec. 1017. Information sharing.

Sec. 1018. Report on integration of Drug Enforcement Agency into the intelligence community.
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Subtitle B—National Counterterrorism Center and Civil Liberties Protections

Sec. 1021. National Counterterrorism Center.

Sec. 1022. Civil Liberties Protection Officer.

Subtitle C—Joint Intelligence Community Council

Sec. 1031. Joint Intelligence Community Council.

Subtitle D—Improvement of Human Intelligence (HUMINT)

Sec. 1041. Human intelligence as an increasingly critical component of the intelligence community.

Sec. 1042. Improvement of human intelligence capacity.

Subtitle E—Improvement of Education for the Intelligence Community

Sec. 1051. Modification of obligated service requirements under National Security

Education Program.

Sec. 1052. Improvements to the National Flagship Language Initiative.

Sec. 1053. Establishment of scholarship program for English language studies for

heritage community citizens of the United States within the National Security Education Program.

Sec. 1054. Sense of Congress with respect to language and education for the intelligence community; reports.

Sec. 1055. Advancement of foreign languages critical to the intelligence community.

Sec. 1056. Pilot project for Civilian Linguist Reserve Corps.

Sec. 1057. Codification of establishment of the National Virtual Translation Center.

Sec. 1058. Report on recruitment and retention of qualified instructors of the Defense Language Institute.

Subtitle F—Additional Improvements of Intelligence Activities

Sec. 1061. Permanent extension of Central Intelligence Agency Voluntary Separation Incentive Program.

Sec. 1062. National Security Agency Emerging Technologies Panel.

Sec. 1063. Service and National Laboratories and the intelligence community.

Sec. 1064. Improvement in translation and delivery of suspected terrorist communications.

Sec. 1065. Sense of Congress and report regarding open source intelligence.

Subtitle G—Conforming and Other Amendments

Sec. 1071. Conforming amendments relating to roles of National Intelligence Director and Director of the Central Intelligence Agency.

Sec. 1072. Other conforming amendments

Sec. 1073. Elements of intelligence community under National Security Act of

1947.

Sec. 1074. Redesignation of National Foreign Intelligence Program as National

Intelligence Program.

Sec. 1075. Repeal of superseded authorities.

Sec. 1076. Clerical amendments to National Security Act of 1947.

Sec. 1077. Conforming amendments relating to prohibiting dual service of the Director of the Central Intelligence Agency.

Sec. 1078. Access to Inspector General protections.

Sec. 1079. General references.
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Sec. 1080. Application of other laws.

Subtitle H—Transfer, Termination, Transition and Other Provisions

Sec. 1091. Transfer of community management staff.

Sec. 1092. Transfer of terrorist threat integration center.

Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence.

Sec. 1094. Implementation plan.

Sec. 1095. Transitional authorities.

Sec. 1096. Effective dates.

Subtitle I—Other Matters

Sec. 1101. Study of promotion and professional military education school selection rates for military intelligence officers.

TITLE II—TERRORISM PREVENTION AND PROSECUTION

Subtitle A—Individual Terrorists as Agents of Foreign Powers

Sec. 2001. Individual terrorists as agents of foreign powers.

Subtitle B—Stop Terrorist and Military Hoaxes Act of 2004

Sec. 2021. Short title.

Sec. 2022. Hoaxes and recovery costs.

Sec. 2023. Obstruction of justice and false statements in terrorism cases.

Sec. 2024. Clarification of definition.

Subtitle C—Material Support to Terrorism Prohibition Enhancement Act of

2004

Sec. 2041. Short title.

Sec. 2042. Receiving military-type training from a foreign terrorist organization.

Sec. 2043. Providing material support to terrorism.

Sec. 2044. Financing of terrorism.

Subtitle D—Weapons of Mass Destruction Prohibition Improvement Act of 2004

Sec. 2051. Short title.

Sec. 2052. Weapons of mass destruction.

Sec. 2053. Participation in nuclear and weapons of mass destruction threats to

the United States.

Subtitle E—Money Laundering and Terrorist Financing

CHAPTER 1—FUNDING TO COMBAT FINANCIAL CRIMES INCLUDING TERRORIST

FINANCING

Sec. 2101. Additional authorization for FinCEN.

Sec. 2102. Money laundering and financial crimes strategy reauthorization.

CHAPTER 2—ENFORCEMENT TOOLS TO COMBAT FINANCIAL CRIMES INCLUDING

TERRORIST FINANCING

SUBCHAPTER A—MONEY LAUNDERING ABATEMENT AND FINANCIAL

ANTITERRORISM TECHNICAL CORRECTIONS

Sec. 2111. Short title.

Sec. 2112. Technical corrections to Public Law 107–56.
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Sec. 2113. Technical corrections to other provisions of law.

Sec. 2114. Repeal of review.

Sec. 2115. Effective date.

SUBCHAPTER B—ADDITIONAL ENFORCEMENT TOOLS

Sec. 2121. Bureau of Engraving and Printing security printing.

Sec. 2122. Conduct in aid of counterfeiting.

Sec. 2123. Reporting of cross-border transmittal of funds.

Sec. 2124. Enhanced effectiveness of examinations, including anti-money laundering programs.

Subtitle F—Criminal History Background Checks

Sec. 2141. Short title.

Sec. 2142. Criminal history background checks.

Sec. 2143. Protect Act.

Sec. 2144. Reviews of criminal records of applicants for private security officer

employment.

Sec. 2145. Task force on clearinghouse for IAFIS criminal history records.

Sec. 2146. Clarification of purpose.

Subtitle G—Protection of United States Aviation System From Terrorist

Attacks

Sec. 2171. Provision for the use of biometric or other technology.

Sec. 2172. Transportation security strategic planning.

Sec. 2173. Next generation airline passenger prescreening.

Sec. 2174. Deployment and use of explosive detection equipment at airport screening checkpoints.

Sec. 2175. Pilot program to evaluate use of blast-resistant cargo and baggage containers.

Sec. 2176. Air cargo screening technology.

Sec. 2177. Airport checkpoint screening explosive detection.

Sec. 2178. Next generation security checkpoint.

Sec. 2179. Penalty for failure to secure cockpit door.

Sec. 2180. Federal air marshal anonymity.

Sec. 2181. Federal law enforcement counterterrorism training.

Sec. 2182. Federal flight deck officer weapon carriage pilot program.

Sec. 2183. Registered traveler program.

Sec. 2184. Wireless communication.

Sec. 2185. Secondary flight deck barriers.

Sec. 2186. Extension.

Sec. 2187. Perimeter Security.

Sec. 2188. In-line checked baggage screening.

Sec. 2189. Definitions.

Subtitle H—Other Matters

Sec. 2191. Grand jury information sharing.

Sec. 2192. Interoperable law enforcement and intelligence data system.

Sec. 2193. Improvement of intelligence capabilities of the Federal Bureau of Investigation.

Sec. 2194. Authorization and change of COPS program to single grant program.

Subtitle I—Police Badges

Sec. 2201. Short title.
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Sec. 2202. Police badges.

Subtitle J—Railroad Carriers and Mass Transportation Protection Act of

20004

Sec. 2301. Short title.

Sec. 2302. Attacks against railroad carriers and mass transportation systems.

Subtitle K—Prevention of Terrorist Access to Destructive Weapons Act of 2004

Sec. 2401. Short title.

Sec. 2402. Findings and purpose.

Sec. 2403. Missile systems designed to destroy aircraft.

Sec. 2404. Atomic weapons.

Sec. 2405. Radiological dispersal devices.

Sec. 2406. Variola virus.

Sec. 2407. Interception of communications.

Sec. 2408. Amendments to section 2332b(g)(5)(b) of title 18, United States Code.

Sec. 2409. Amendments to section 1956(c)(7)(d) of title 18, United States Code.

Sec. 2410. Export licensing process.

Sec. 2411. Clerical amendments.

Subtitle L—Terrorist Penalties Enhancement Act of 2004

Sec. 2501. Short title.

Sec. 2502. Penalties for terrorist offenses resulting in death; denial of Federal

benefits to terrorists.

Sec. 2503. Death penalty in certain air piracy cases occurring before enactment

of the Federal death penalty act of 1994.

Subtitle M—Pretrial Detention and Postrelease Supervision of Terrorists

Sec. 2601. Short title.

Sec. 2602. Presumption for pretrial detention in cases involving terrorism.

Sec. 2603. Postrelease supervision of terrorists.

TITLE III—BORDER SECURITY AND TERRORIST TRAVEL

Subtitle A—Immigration Reform in the National Interest

CHAPTER 1—GENERAL PROVISIONS

Sec. 3001. Eliminating the ‘‘Western Hemisphere’’ exception for citizens.

Sec. 3002. Modification of waiver authority with respect to documentation requirements for nationals of foreign contiguous territories and

adjacent islands.

Sec. 3003. Increase in full-time border patrol agents.

Sec. 3004. Increase in full-time immigration and customs enforcement investigators.

Sec. 3005. Increase in detention bed space.

Sec. 3006. Alien identification standards.

Sec. 3007. Expedited removal.

Sec. 3008. Preventing terrorists from obtaining asylum.

Sec. 3009. Revocation of visas and other travel documentation.

Sec. 3010. Judicial review of orders of removal.
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CHAPTER 2—REMOVAL OF TERRORISTS AND SUPPORTERS OF TERRORISM

Sec. 3031. Expanded inapplicability of restriction on removal.

Sec. 3032. Detention of aliens barred from restriction on removal pending removal.

Sec. 3033. Additional removal authorities.

Sec. 3034. Inadmissibility due to terrorist and terrorist-related activities.

Sec. 3035. Deportability of terrorists.

CHAPTER 3—PREVENTING COMMERCIAL ALIEN SMUGGLING

Sec. 3041. Bringing in and harboring certain aliens.

Subtitle B—Identity Management Security

CHAPTER 1—IMPROVED SECURITY FOR DRIVERS’ LICENSES AND PERSONAL

IDENTIFICATION CARDS

Sec. 3051. Definitions.

Sec. 3052. Minimum document requirements and issuance standards for federal

recognition.

Sec. 3053. Linking of databases.

Sec. 3054. Trafficking in authentication features for use in false identification

documents.

Sec. 3055. Grants to States.

Sec. 3056. Authority.

CHAPTER 2—IMPROVED SECURITY FOR BIRTH CERTIFICATES

Sec. 3061. Definitions.

Sec. 3062. Applicability of minimum standards to local governments.

Sec. 3063. Minimum standards for Federal recognition.

Sec. 3064. Establishment of electronic birth and death registration systems.

Sec. 3065. Electronic verification of vital events.

Sec. 3066. Grants to States.

Sec. 3067. Authority.

CHAPTER 3—MEASURES TO ENHANCE PRIVACY AND INTEGRITY OF SOCIAL

SECURITY ACCOUNT NUMBERS

Sec. 3071. Prohibition of the display of social security account numbers on driver’s licenses or motor vehicle registrations.

Sec. 3072. Independent verification of birth records provided in support of applications for social security account numbers.

Sec. 3073. Enumeration at birth.

Sec. 3074. Study relating to use of photographic identification in connection with

applications for benefits, social security account numbers, and

social security cards.

Sec. 3075. Restrictions on issuance of multiple replacement social security cards.

Sec. 3076. Study relating to modification of the social security account numbering system to show work authorization status.

Subtitle C—Targeting Terrorist Travel

Sec. 3081. Studies on machine-readable passports and travel history database.

Sec. 3082. Expanded preinspection at foreign airports.

Sec. 3083. Immigration security initiative.

Sec. 3084. Responsibilities and functions of consular officers.
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Sec. 3085. Increase in penalties for fraud and related activity.

Sec. 3086. Criminal penalty for false claim to citizenship.

Sec. 3087. Antiterrorism assistance training of the Department of State.

Sec. 3088. International agreements to track and curtail terrorist travel through

the use of fraudulently obtained documents.

Sec. 3089. International standards for translation of names into the Roman alphabet for international travel documents and name-based

watchlist systems.

Sec. 3090. Biometric entry and exit data system.

Sec. 3091. Enhanced responsibilities of the coordinator for counterterrorism.

Sec. 3092. Establishment of Office of Visa and Passport Security in the Department of State.

Subtitle D—Terrorist Travel

Sec. 3101. Information sharing and coordination.

Sec. 3102. Terrorist travel program.

Sec. 3103. Training program.

Sec. 3104. Technology acquisition and dissemination plan.

Subtitle E—Maritime Security Requirements

Sec. 3111. Deadlines for implementation of maritime security requirements.

Subtitle F—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial

Killings, or Other Atrocities Abroad

Sec. 3121. Inadmissibility and deportability of aliens who have committed acts

of torture or extrajudicial killings abroad.

Sec. 3122. Inadmissibility and deportability of foreign government officials who

have committed particularly severe violations of religious freedom.

Sec. 3123. Waiver of inadmissibility.

Sec. 3124. Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severe violations of religious freedom.

Sec. 3125. Establishment of the office of special investigations.

Sec. 3126. Report on implementation.

Subtitle G—Security Barriers

Sec. 3131. Expedited completion of security barriers.

TITLE IV—INTERNATIONAL COOPERATION AND

COORDINATION

Subtitle A—Attack Terrorists and Their Organizations

CHAPTER 1—PROVISIONS RELATING TO TERRORIST SANCTUARIES

Sec. 4001. United States policy on terrorist sanctuaries.

Sec. 4002. Reports on terrorist sanctuaries.

Sec. 4003. Amendments to existing law to include terrorist sanctuaries.

CHAPTER 2—OTHER PROVISIONS

Sec. 4011. Appointments to fill vacancies in Arms Control and Nonproliferation

Advisory Board.
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Sec. 4012. Review of United States policy on proliferation of weapons of mass destruction and control of strategic weapons.

Sec. 4013. International agreements to interdict acts of international terrorism.

Sec. 4014. Effective Coalition approach toward detention and humane treatment

of captured terrorists.

Subtitle B—Prevent the Continued Growth of Terrorism

CHAPTER 1—UNITED STATES PUBLIC DIPLOMACY

Sec. 4021. Annual review and assessment of public diplomacy strategy.

Sec. 4022. Public diplomacy training.

Sec. 4023. Promoting direct exchanges with Muslim countries.

Sec. 4024. Public diplomacy required for promotion in Foreign Service.

CHAPTER 2—UNITED STATES MULTILATERAL DIPLOMACY

Sec. 4031. Purpose.

Sec. 4032. Support and expansion of Democracy Caucus.

Sec. 4033. Leadership and membership of international organizations.

Sec. 4034. Increased training in multilateral diplomacy.

Sec. 4035. Implementation and establishment of Office on Multilateral Negotiations.

CHAPTER 3—OTHER PROVISIONS

Sec. 4041. Pilot program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.

Sec. 4042. Enhancing free and independent media.

Sec. 4043. Combating biased or false foreign media coverage of the United States.

Sec. 4044. Report on broadcast outreach strategy.

Sec. 4045. Office relocation.

Sec. 4046. Strengthening the Community of Democracies for Muslim countries.

Subtitle C—Reform of Designation of Foreign Terrorist Organizations

Sec. 4051. Designation of foreign terrorist organizations.

Sec. 4052. Inclusion in annual Department of State country reports on terrorism

of information on terrorist groups that seek weapons of mass destruction and groups that have been designated as foreign terrorist organizations.

Subtitle D—Afghanistan Freedom Support Act Amendments of 2004

Sec. 4061. Short title.

Sec. 4062. Coordination of assistance for Afghanistan.

Sec. 4063. General provisions relating to the Afghanistan Freedom Support Act

of 2002.

Sec. 4064. Rule of law and related issues.

Sec. 4065. Monitoring of assistance.

Sec. 4066. United States policy to support disarmament of private militias and

to support expansion of international peacekeeping and security

operations in Afghanistan.

Sec. 4067. Efforts to expand international peacekeeping and security operations

in Afghanistan.

Sec. 4068. Provisions relating to counternarcotics efforts in Afghanistan.

Sec. 4069. Additional amendments to the Afghanistan Freedom Support Act of

2002.
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Sec. 4070. Repeal.

Subtitle E—Provisions Relating to Saudi Arabia and Pakistan

Sec. 4081. New United States strategy for relationship with Saudi Arabia.

Sec. 4082. United States commitment to the future of Pakistan.

Sec. 4083. Extension of Pakistan waivers.

Subtitle F—Oversight Provisions

Sec. 4091. Case-Zablocki Act requirements.

Subtitle G—Additional Protections of United States Aviation System from

Terrorist Attacks

Sec. 4101. International agreements to allow maximum deployment of Federal

flight deck officers.

Sec. 4102. Federal air marshal training.

Sec. 4103. Man-portable air defense systems (MANPADS).

Subtitle H—Improving International Standards and Cooperation to Fight

Terrorist Financing

Sec. 4111. Sense of the Congress regarding success in multilateral organizations.

Sec. 4112. Expanded reporting and testimony requirements for the Secretary of

the Treasury.

Sec. 4113. Coordination of United States Government efforts.

Sec. 4114. Definitions.

TITLE V—GOVERNMENT RESTRUCTURING

Subtitle A—Faster and Smarter Funding for First Responders

Sec. 5001. Short title.

Sec. 5002. Findings.

Sec. 5003. Faster and smarter funding for first responders.

Sec. 5004. Coordination of industry efforts.

Sec. 5005. Superseded provision.

Sec. 5006. Sense of Congress regarding interoperable communications.

Sec. 5007. Sense of Congress regarding citizen corps councils.

Sec. 5008. Study regarding nationwide emergency notification system.

Sec. 5009. Required coordination.

Sec. 5010. Study of expansion of area of jurisdiction of Office of National Capital

Region Coordination.

Sec. 5011. Digital television conversion deadline.

Subtitle B—Government Reorganization Authority

Sec. 5021. Authorization of intelligence community reorganization plans.

Subtitle C—Restructuring Relating to the Department of Homeland Security

and Congressional Oversight

Sec. 5025. Responsibilities of Counternarcotics Office.

Sec. 5026. Use of counternarcotics enforcement activities in certain employee performance appraisals.

Sec. 5027. Sense of the House of Representatives on addressing homeland security

for the American people.

Sec. 5028. Assistant Secretary for Cybersecurity.
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Sec. 5029. Integrating security screening systems and enhancing information

sharing by Department of Homeland Security.

Sec. 5030. Under Secretary for the Private Sector and Tourism.

Subtitle D—Improvements to Information Security

Sec. 5031. Amendments to Clinger-Cohen provisions to enhance agency planning

for information security needs.

Subtitle E—Personnel Management Improvements

CHAPTER 1—APPOINTMENTS PROCESS REFORM

Sec. 5041. Appointments to national security positions.

Sec. 5042. Presidential inaugural transitions.

Sec. 5043. Public financial disclosure for the intelligence community.

Sec. 5044. Reduction of positions requiring appointment with Senate confirmation.

Sec. 5045. Effective dates.

CHAPTER 2—FEDERAL BUREAU OF INVESTIGATION REVITALIZATION

Sec. 5051. Mandatory separation age.

Sec. 5052. Retention and relocation bonuses.

Sec. 5053. Federal Bureau of Investigation Reserve Service.

Sec. 5054. Critical positions in the Federal Bureau of Investigation intelligence

directorate.

CHAPTER 3—REPORTING REQUIREMENT

Sec. 5061. Reporting requirement.

Subtitle F—Security Clearance Modernization

Sec. 5071. Definitions.

Sec. 5072. Security clearance and investigative programs oversight and administration.

Sec. 5073. Reciprocity of security clearance and access determinations.

Sec. 5074. Establishment of national database .

Sec. 5075. Use of available technology in clearance investigations.

Sec. 5076. Reduction in length of personnel security clearance process.

Sec. 5077. Security clearances for presidential transition.

Sec. 5078. Reports.

Subtitle G—Emergency Financial Preparedness

CHAPTER 1—EMERGENCY PREPAREDNESS FOR FISCAL AUTHORITIES

Sec. 5081. Delegation authority of the Secretary of the Treasury.

Sec. 5082. Treasury support for financial services industry preparedness and response.

CHAPTER 2—MARKET PREPAREDNESS

Sec. 5084. Short title.

Sec. 5085. Extension of emergency order authority of the Securities and Exchange

Commission.

Sec. 5086. Parallel authority of the Secretary of the Treasury with respect to government securities.
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Sec. 5087. Joint report on implementation of financial system resilience recommendations.

Sec. 5088. Private sector preparedness.

Sec. 5089. Report on public/private partnerships.

Subtitle H—Other Matters

CHAPTER 1—PRIVACY MATTERS

Sec. 5091. Requirement that agency rulemaking take into consideration impacts

on individual privacy.

Sec. 5092. Chief privacy officers for agencies with law enforcement or anti-terrorism functions.

CHAPTER 2—MUTUAL AID AND LITIGATION MANAGEMENT

Sec. 5101. Short title.

Sec. 5102. Mutual aid authorized.

Sec. 5103. Litigation management agreements.

Sec. 5104. Additional provisions.

Sec. 5105. Definitions.

Sec. 5106. Emergency preparedness compacts.

CHAPTER 3—MISCELLANEOUS MATTERS

Sec. 5131. Enhancement of public safety communications interoperability.

Sec. 5132. Sense of Congress regarding the incident command system.

Sec. 5133. Sense of Congress regarding United States Northern Command plans

and strategies.

Sec. 5134. Removal of civil liability barriers that discourage the donation of fire

equipment to volunteer fire companies.

Sec. 5135. Pilot study to move warning systems into the modern digital age.

1 TITLE I—REFORM OF THE

2 INTELLIGENCE COMMUNITY

3 SEC. 1001. SHORT TITLE.

4 This title may be cited as the ‘‘National Security Intel5 ligence Improvement Act of 2004’’.

6 Subtitle A—Establishment of

7 National Intelligence Director

8 SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MAN9 AGEMENT OF INTELLIGENCE COMMUNITY.

10 (a) IN GENERAL.—Title I of the National Security Act

11 of 1947 (50 U.S.C. 402 et seq.) is amended by striking sec-
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1 tions 102 through 104 and inserting the following new sec2 tions:

3 ‘‘NATIONAL INTELLIGENCE DIRECTOR

4 ‘‘SEC. 102. (a) NATIONAL INTELLIGENCE DIRECTOR.—

5 (1) There is a National Intelligence Director who shall be

6 appointed by the President, by and with the advice and

7 consent of the Senate.

8 ‘‘(2) The National Intelligence Director shall not be lo9 cated within the Executive Office of the President.

10 ‘‘(b) PRINCIPAL RESPONSIBILITY.—Subject to the au11 thority, direction, and control of the President, the National

12 Intelligence Director shall—

13 ‘‘(1) serve as head of the intelligence community;

14 ‘‘(2) act as the principal adviser to the Presi15 dent, to the National Security Council, and the

16 Homeland Security Council for intelligence matters

17 related to the national security; and

18 ‘‘(3) through the heads of the departments con19 taining elements of the intelligence community, and

20 the Central Intelligence Agency, manage and oversee

21 the execution of the National Intelligence Program

22 and direct the National Intelligence Program.

23 ‘‘(c) PROHIBITION ON DUAL SERVICE.—The indi24 vidual serving in the position of National Intelligence Di25 rector shall not, while so serving, also serve as the Director
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1 of the Central Intelligence Agency or as the head of any

2 other element of the intelligence community.

3 ‘‘RESPONSIBILITIES AND AUTHORITIES OF THE NATIONAL

4 INTELLIGENCE DIRECTOR

5 ‘‘SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1)

6 Under the direction of the President, the National Intel7 ligence Director shall be responsible for ensuring that na8 tional intelligence is provided—

9 ‘‘(A) to the President;

10 ‘‘(B) to the heads of departments and agencies of

11 the executive branch;

12 ‘‘(C) to the Chairman of the Joint Chiefs of Staff

13 and senior military commanders;

14 ‘‘(D) where appropriate, to the Senate and

15 House of Representatives and the committees thereof;

16 and

17 ‘‘(E) to such other persons as the National Intel18 ligence Director determines to be appropriate.

19 ‘‘(2) Such national intelligence should be timely, objec20 tive, independent of political considerations, and based

21 upon all sources available to the intelligence community

22 and other appropriate entities.

23 ‘‘(b) ACCESS TO INTELLIGENCE.—To the extent ap24 proved by the President, the National Intelligence Director

25 shall have access to all national intelligence and intelligence

26 related to the national security which is collected by any
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1 Federal department, agency, or other entity, except as other2 wise provided by law or, as appropriate, under guidelines

3 agreed upon by the Attorney General and the National In4 telligence Director.

5 ‘‘(c) BUDGET AUTHORITIES.—(1)(A) The National In6 telligence Director shall develop and present to the Presi7 dent on an annual basis a budget for intelligence and intel8 ligence-related activities of the United States.

9 ‘‘(B) In carrying out subparagraph (A) for any fiscal

10 year for the components of the budget that comprise the Na11 tional Intelligence Program, the National Intelligence Di12 rector shall provide guidance to the heads of departments

13 containing elements of the intelligence community, and to

14 the heads of the elements of the intelligence community, for

15 development of budget inputs to the National Intelligence

16 Director.

17 ‘‘(2)(A) The National Intelligence Director shall par18 ticipate in the development by the Secretary of Defense of

19 the annual budgets for the Joint Military Intelligence Pro20 gram and for Tactical Intelligence and Related Activities.

21 ‘‘(B) The National Intelligence Director shall provide

22 guidance for the development of the annual budget for each

23 element of the intelligence community that is not within

24 the National Intelligence Program.
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1 ‘‘(3) In carrying out paragraphs (1) and (2), the Na2 tional Intelligence Director may, as appropriate, obtain the

3 advice of the Joint Intelligence Community Council.

4 ‘‘(4) The National Intelligence Director shall ensure

5 the effective execution of the annual budget for intelligence

6 and intelligence-related activities.

7 ‘‘(5)(A) The National Intelligence Director shall facili8 tate the management and execution of funds appropriated

9 for the National Intelligence Program.

10 ‘‘(B) Notwithstanding any other provision of law, in

11 receiving funds pursuant to relevant appropriations Acts

12 for the National Intelligence Program, the Office of Manage13 ment and Budget shall apportion funds appropriated for

14 the National Intelligence Program to the National Intel15 ligence Director for allocation to the elements of the intel16 ligence community through the host executive departments

17 that manage programs and activities that are part of the

18 National Intelligence Program.

19 ‘‘(C) The National Intelligence Director shall monitor

20 the implementation and execution of the National Intel21 ligence Program by the heads of the elements of the intel22 ligence community that manage programs and activities

23 that are part of the National Intelligence Program, which

24 may include audits and evaluations, as necessary and fea25 sible.
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1 ‘‘(6) Apportionment and allotment of funds under this

2 subsection shall be subject to chapter 13 and section 1517

3 of title 31, United States Code, and the Congressional Budg4 et and Impoundment Control Act of 1974 (2 U.S.C. 621

5 et seq.).

6 ‘‘(7)(A) The National Intelligence Director shall pro7 vide a quarterly report, beginning April 1, 2005, and end8 ing April 1, 2007, to the President and the Congress regard9 ing implementation of this section.

10 ‘‘(B) The National Intelligence Director shall report

11 to the President and the Congress not later than 5 days

12 after learning of any instance in which a departmental

13 comptroller acts in a manner inconsistent with the law (in14 cluding permanent statutes, authorization Acts, and appro15 priations Acts), or the direction of the National Intelligence

16 Director, in carrying out the National Intelligence Pro17 gram.

18 ‘‘(d) ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN

19 REPROGRAMMING.—(1) No funds made available under the

20 National Intelligence Program may be transferred or repro21 grammed without the prior approval of the National Intel22 ligence Director, except in accordance with procedures pre23 scribed by the National Intelligence Director.

24 ‘‘(2) The Secretary of Defense shall consult with the

25 National Intelligence Director before transferring or re-
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1 programming funds made available under the Joint Mili2 tary Intelligence Program.

3 ‘‘(e) TRANSFER OF FUNDS OR PERSONNEL WITHIN

4 NATIONAL INTELLIGENCE PROGRAM.—(1) In addition to

5 any other authorities available under law for such purposes,

6 the National Intelligence Director, with the approval of the

7 Director of the Office of Management and Budget—

8 ‘‘(A) may transfer funds appropriated for a pro9 gram within the National Intelligence Program to an10 other such program; and

11 ‘‘(B) in accordance with procedures to be devel12 oped by the National Intelligence Director and the

13 heads of the departments and agencies concerned, may

14 transfer personnel authorized for an element of the in15 telligence community to another such element for pe16 riods up to one year.

17 ‘‘(2) The amounts available for transfer in the Na18 tional Intelligence Program in any given fiscal year, and

19 the terms and conditions governing such transfers, are sub20 ject to the provisions of annual appropriations Acts and

21 this subsection.

22 ‘‘(3)(A) A transfer of funds or personnel may be made

23 under this subsection only if—
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1 ‘‘(i) the funds or personnel are being transferred

2 to an activity that is a higher priority intelligence

3 activity;

4 ‘‘(ii) the need for funds or personnel for such ac5 tivity is based on unforeseen requirements;

6 ‘‘(iii) the transfer does not involve a transfer of

7 funds to the Reserve for Contingencies of the Central

8 Intelligence Agency;

9 ‘‘(iv) in the case of a transfer of funds, the trans10 fer results in a cumulative transfer of funds out of

11 any department or agency, as appropriate, funded in

12 the National Intelligence Program in a single fiscal

13 year—

14 ‘‘(I) that is less than $100,000,000, and

15 ‘‘(II) that is less than 5 percent of amounts

16 available to a department or agency under the

17 National Intelligence Program; and

18 ‘‘(v) the transfer does not terminate a program.

19 ‘‘(B) A transfer may be made without regard to a limi20 tation set forth in clause (iv) or (v) of subparagraph (A)

21 if the transfer has the concurrence of the head of the depart22 ment or agency involved. The authority to provide such con23 currence may only be delegated by the head of the depart24 ment or agency involved to the deputy of such officer.
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1 ‘‘(4) Funds transferred under this subsection shall re2 main available for the same period as the appropriations

3 account to which transferred.

4 ‘‘(5) Any transfer of funds under this subsection shall

5 be carried out in accordance with existing procedures appli6 cable to reprogramming notifications for the appropriate

7 congressional committees. Any proposed transfer for which

8 notice is given to the appropriate congressional committees

9 shall be accompanied by a report explaining the nature of

10 the proposed transfer and how it satisfies the requirements

11 of this subsection. In addition, the congressional intelligence

12 committees shall be promptly notified of any transfer of

13 funds made pursuant to this subsection in any case in

14 which the transfer would not have otherwise required re15 programming notification under procedures in effect as of

16 the date of the enactment of this subsection.

17 ‘‘(6)(A) The National Intelligence Director shall

18 promptly submit to—

19 ‘‘(i) the congressional intelligence committees,

20 ‘‘(ii) in the case of the transfer of personnel to

21 or from the Department of Defense, the Committee on

22 Armed Services of the Senate and the Committee on

23 Armed Services of the House of Representatives, and

24 ‘‘(iii) in the case of the transfer of personnel to

25 or from the Department of Justice, to the Committees
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1 on the Judiciary of the Senate and the House of Rep2 resentatives,

3 a report on any transfer of personnel made pursuant to

4 this subsection.

5 ‘‘(B) The Director shall include in any such report an

6 explanation of the nature of the transfer and how it satisfies

7 the requirements of this subsection.

8 ‘‘(f) TASKING AND OTHER AUTHORITIES.—(1)(A) The

9 National Intelligence Director shall—

10 ‘‘(i) develop collection objectives, priorities, and

11 guidance for the intelligence community to ensure

12 timely and effective collection, processing, analysis,

13 and dissemination (including access by users to col14 lected data consistent with applicable law and, as ap15 propriate, the guidelines referred to in subsection (b)

16 and analytic products generated by or within the in17 telligence community) of national intelligence;

18 ‘‘(ii) determine and establish requirements and

19 priorities for, and manage and direct the tasking of,

20 collection, analysis, production, and dissemination of

21 national intelligence by elements of the intelligence

22 community, including—

23 ‘‘(I) approving requirements for collection

24 and analysis, and
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1 ‘‘(II) resolving conflicts in collection re2 quirements and in the tasking of national collec3 tion assets of the elements of the intelligence com4 munity; and

5 ‘‘(iii) provide advisory tasking to intelligence

6 elements of those agencies and departments not within

7 the National Intelligence Program.

8 ‘‘(B) The authority of the National Intelligence Direc9 tor under subparagraph (A) shall not apply—

10 ‘‘(i) insofar as the President so directs;

11 ‘‘(ii) with respect to clause (ii) of subparagraph

12 (A), insofar as the Secretary of Defense exercises

13 tasking authority under plans or arrangements

14 agreed upon by the Secretary of Defense and the Na15 tional Intelligence Director; or

16 ‘‘(iii) to the direct dissemination of information

17 to State government and local government officials

18 and private sector entities pursuant to sections 201

19 and 892 of the Homeland Security Act of 2002 (6

20 U.S.C. 121, 482).

21 ‘‘(2) The National Intelligence Director shall oversee

22 the National Counterterrorism Center and may establish

23 such other national intelligence centers as the Director de24 termines necessary.
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1 ‘‘(3)(A) The National Intelligence Director shall pre2 scribe community-wide personnel policies that—

3 ‘‘(i) facilitate assignments across community ele4 ments and to the intelligence centers;

5 ‘‘(ii) establish overarching standards for intel6 ligence education and training; and

7 ‘‘(iii) promote the most effective analysis and

8 collection of intelligence by ensuring a diverse work9 force, including the recruitment and training of

10 women, minorities, and individuals with diverse, eth11 nic, and linguistic backgrounds.

12 ‘‘(B) In developing the policies prescribed under sub13 paragraph (A), the National Intelligence Director shall con14 sult with the heads of the departments containing the ele15 ments of the intelligence community.

16 ‘‘(C) Policies prescribed under subparagraph (A) shall

17 not be inconsistent with the personnel policies otherwise ap18 plicable to members of the uniformed services.

19 ‘‘(4) The National Intelligence Director shall ensure

20 compliance with the Constitution and laws of the United

21 States by the Central Intelligence Agency and shall ensure

22 such compliance by other elements of the intelligence com23 munity through the host executive departments that manage

24 the programs and activities that are part of the National

25 Intelligence Program.
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1 ‘‘(5) The National Intelligence Director shall ensure

2 the elimination of waste and unnecessary duplication with3 in the intelligence community.

4 ‘‘(6) The National Intelligence Director shall perform

5 such other functions as the President may direct.

6 ‘‘(7) Nothing in this title shall be construed as affecting

7 the role of the Department of Justice or the Attorney Gen8 eral with respect to applications under the Foreign Intel9 ligence Surveillance Act of 1978.

10 ‘‘(g) INTELLIGENCE INFORMATION SHARING.—(1) The

11 National Intelligence Director shall have principal author12 ity to ensure maximum availability of and access to intel13 ligence information within the intelligence community con14 sistent with national security requirements. The National

15 Intelligence Director shall—

16 ‘‘(A) establish uniform security standards and

17 procedures;

18 ‘‘(B) establish common information technology

19 standards, protocols, and interfaces;

20 ‘‘(C) ensure development of information tech21 nology systems that include multi-level security and

22 intelligence integration capabilities; and

23 ‘‘(D) establish policies and procedures to resolve

24 conflicts between the need to share intelligence infor-
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1 mation and the need to protect intelligence sources

2 and methods.

3 ‘‘(2) The President shall ensure that the National In4 telligence Director has all necessary support and authorities

5 to fully and effectively implement paragraph (1).

6 ‘‘(3) Except as otherwise directed by the President or

7 with the specific written agreement of the head of the de8 partment or agency in question, a Federal agency or official

9 shall not be considered to have met any obligation to pro10 vide any information, report, assessment, or other material

11 (including unevaluated intelligence information) to that de12 partment or agency solely by virtue of having provided that

13 information, report, assessment, or other material to the

14 National Intelligence Director or the National

15 Counterterrorism Center.

16 ‘‘(4) Not later than February 1 of each year, the Na17 tional Intelligence Director shall submit to the President

18 and to the Congress an annual report that identifies any

19 statute, regulation, policy, or practice that the Director be20 lieves impedes the ability of the Director to fully and effec21 tively implement paragraph (1).

22 ‘‘(h) ANALYSIS.—(1) The National Intelligence Direc23 tor shall ensure that all elements of the intelligence commu24 nity strive for the most accurate analysis of intelligence de25 rived from all sources to support national security needs.
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1 ‘‘(2) The National Intelligence Director shall ensure

2 that intelligence analysis generally receives the highest pri3 ority when distributing resources within the intelligence

4 community and shall carry out duties under this subsection

5 in a manner that—

6 ‘‘(A) develops all-source analysis techniques;

7 ‘‘(B) ensures competitive analysis;

8 ‘‘(C) ensures that differences in judgment are

9 fully considered and brought to the attention of pol10 icymakers; and

11 ‘‘(D) builds relationships between intelligence

12 collectors and analysts to facilitate greater under13 standing of the needs of analysts.

14 ‘‘(i) PROTECTION OF INTELLIGENCE SOURCES AND

15 METHODS.—(1) In order to protect intelligence sources and

16 methods from unauthorized disclosure and, consistent with

17 that protection, to maximize the dissemination of intel18 ligence, the National Intelligence Director shall establish

19 and implement guidelines for the intelligence community

20 for the following purposes:

21 ‘‘(A) Classification of information.

22 ‘‘(B) Access to and dissemination of intelligence,

23 both in final form and in the form when initially

24 gathered.
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1 ‘‘(C) Preparation of intelligence products in such

2 a way that source information is removed to allow for

3 dissemination at the lowest level of classification pos4 sible or in unclassified form to the extent practicable.

5 ‘‘(2) The Director may only delegate a duty or author6 ity given the Director under this subsection to the Deputy

7 National Intelligence Director.

8 ‘‘(j) UNIFORM PROCEDURES FOR SENSITIVE COM9 PARTMENTED INFORMATION.—The President, acting

10 through the National Intelligence Director, shall—

11 ‘‘(1) establish uniform standards and procedures

12 for the grant of access to sensitive compartmented in13 formation to any officer or employee of any agency

14 or department of the United States and to employees

15 of contractors of those agencies or departments;

16 ‘‘(2) ensure the consistent implementation of

17 those standards and procedures throughout such agen18 cies and departments;

19 ‘‘(3) ensure that security clearances granted by

20 individual elements of the intelligence community are

21 recognized by all elements of the intelligence commu22 nity, and under contracts entered into by those agen23 cies; and

24 ‘‘(4) ensure that the process for investigation and

25 adjudication of an application for access to sensitive
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1 compartmented information is performed in the most

2 expeditious manner possible consistent with applica3 ble standards for national security.

4 ‘‘(k) COORDINATION WITH FOREIGN GOVERNMENTS.—

5 Under the direction of the President and in a manner con6 sistent with section 207 of the Foreign Service Act of 1980

7 (22 U.S.C. 3927), the National Intelligence Director shall

8 oversee the coordination of the relationships between ele9 ments of the intelligence community and the intelligence or

10 security services of foreign governments on all matters in11 volving intelligence related to the national security or in12 volving intelligence acquired through clandestine means.

13 ‘‘(l) ENHANCED PERSONNEL MANAGEMENT.—(1)(A)

14 The National Intelligence Director shall, under regulations

15 prescribed by the Director, provide incentives for personnel

16 of elements of the intelligence community to serve—

17 ‘‘(i) on the staff of the National Intelligence Di18 rector;

19 ‘‘(ii) on the staff of the national intelligence cen20 ters;

21 ‘‘(iii) on the staff of the National

22 Counterterrorism Center; and

23 ‘‘(iv) in other positions in support of the intel24 ligence community management functions of the Di25 rector.
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1 ‘‘(B) Incentives under subparagraph (A) may include

2 financial incentives, bonuses, and such other awards and

3 incentives as the Director considers appropriate.

4 ‘‘(2)(A) Notwithstanding any other provision of law,

5 the personnel of an element of the intelligence community

6 who are assigned or detailed under paragraph (1)(A) to

7 service under the National Intelligence Director shall be

8 promoted at rates equivalent to or better than personnel of

9 such element who are not so assigned or detailed.

10 ‘‘(B) The Director may prescribe regulations to carry

11 out this section.

12 ‘‘(3)(A) The National Intelligence Director shall pre13 scribe mechanisms to facilitate the rotation of personnel of

14 the intelligence community through various elements of the

15 intelligence community in the course of their careers in

16 order to facilitate the widest possible understanding by such

17 personnel of the variety of intelligence requirements, meth18 ods, users, and capabilities.

19 ‘‘(B) The mechanisms prescribed under subparagraph

20 (A) may include the following:

21 ‘‘(i) The establishment of special occupational

22 categories involving service, over the course of a ca23 reer, in more than one element of the intelligence com24 munity.
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1 ‘‘(ii) The provision of rewards for service in po2 sitions undertaking analysis and planning of oper3 ations involving two or more elements of the intel4 ligence community.

5 ‘‘(iii) The establishment of requirements for edu6 cation, training, service, and evaluation that involve

7 service in more than one element of the intelligence

8 community.

9 ‘‘(C) It is the sense of Congress that the mechanisms

10 prescribed under this subsection should, to the extent prac11 tical, seek to duplicate for civilian personnel within the in12 telligence community the joint officer management policies

13 established by chapter 38 of title 10, United States Code,

14 and the other amendments made by title IV of the Gold15 water–Nichols Department of Defense Reorganization Act

16 of 1986 (Public Law 99–433).

17 ‘‘(4)(A) This subsection shall not apply with respect

18 to personnel of the elements of the intelligence community

19 who are members of the uniformed services or law enforce20 ment officers (as that term is defined in section 5541(3)

21 of title 5, United States Code).

22 ‘‘(B) Assignment to the Office of the National Intel23 ligence Director of commissioned officers of the Armed

24 Forces shall be considered a joint-duty assignment for pur25 poses of the joint officer management policies prescribed by
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1 chapter 38 of title 10, United States Code, and other provi2 sions of that title.

3 ‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO

4 PERSONNEL.—(1) In addition to the authorities under sub5 section (f)(3), the National Intelligence Director may exer6 cise with respect to the personnel of the Office of the Na7 tional Intelligence Director any authority of the Director

8 of the Central Intelligence Agency with respect to the per9 sonnel of the Central Intelligence Agency under the Central

10 Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.),

11 and other applicable provisions of law, as of the date of

12 the enactment of this subsection to the same extent, and sub13 ject to the same conditions and limitations, that the Direc14 tor of the Central Intelligence Agency may exercise such au15 thority with respect to personnel of the Central Intelligence

16 Agency.

17 ‘‘(2) Employees and applicants for employment of the

18 Office of the National Intelligence Director shall have the

19 same rights and protections under the Office of the National

20 Intelligence Director as employees of the Central Intel21 ligence Agency have under the Central Intelligence Agency

22 Act of 1949, and other applicable provisions of law, as of

23 the date of the enactment of this subsection.

24 ‘‘(n) ACQUISITION AUTHORITIES.—(1) In carrying out

25 the responsibilities and authorities under this section, the
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1 National Intelligence Director may exercise the acquisition

2 authorities referred to in the Central Intelligence Agency

3 Act of 1949 (50 U.S.C. 403a et seq.).

4 ‘‘(2) For the purpose of the exercise of any authority

5 referred to in paragraph (1), a reference to the head of an

6 agency shall be deemed to be a reference to the National

7 Intelligence Director or the Deputy National Intelligence

8 Director.

9 ‘‘(3)(A) Any determination or decision to be made

10 under an authority referred to in paragraph (1) by the head

11 of an agency may be made with respect to individual pur12 chases and contracts or with respect to classes of purchases

13 or contracts, and shall be final.

14 ‘‘(B) Except as provided in subparagraph (C), the Na15 tional Intelligence Director or the Deputy National Intel16 ligence Director may, in such official’s discretion, delegate

17 to any officer or other official of the Office of the National

18 Intelligence Director any authority to make a determina19 tion or decision as the head of the agency under an author20 ity referred to in paragraph (1).

21 ‘‘(C) The limitations and conditions set forth in sec22 tion 3(d) of the Central Intelligence Agency Act of 1949 (50

23 U.S.C. 403c(d)) shall apply to the exercise by the National

24 Intelligence Director of an authority referred to in para25 graph (1).
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1 ‘‘(D) Each determination or decision required by an

2 authority referred to in the second sentence of section 3(d)

3 of the Central Intelligence Agency Act of 1949 shall be based

4 upon written findings made by the official making such de5 termination or decision, which findings shall be final and

6 shall be available within the Office of the National Intel7 ligence Director for a period of at least six years following

8 the date of such determination or decision.

9 ‘‘(o) CONSIDERATION OF VIEWS OF ELEMENTS OF THE

10 INTELLIGENCE COMMUNITY.—In carrying out the duties

11 and responsibilities under this section, the National Intel12 ligence Director shall take into account the views of a head

13 of a department containing an element of the intelligence

14 community and of the Director of the Central Intelligence

15 Agency.

16 ‘‘OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR

17 ‘‘SEC. 103. (a) ESTABLISHMENT OF OFFICE; FUNC18 TION.—(1) There is an Office of the National Intelligence

19 Director. The Office of the National Intelligence Director

20 shall not be located within the Executive Office of the Presi21 dent.

22 ‘‘(2) The function of the Office is to assist the National

23 Intelligence Director in carrying out the duties and respon24 sibilities of the Director under this Act and to carry out

25 such other duties as may be prescribed by the President or

26 by law.
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1 ‘‘(3) Any authority, power, or function vested by law

2 in any officer, employee, or part of the Office of the Na3 tional Intelligence Director is vested in, or may be exercised

4 by, the National Intelligence Director.

5 ‘‘(4) Exemptions, exceptions, and exclusions for the

6 Central Intelligence Agency or for personnel, resources, or

7 activities of such Agency from otherwise applicable laws,

8 other than the exception contained in section 104A(c)(1)

9 shall apply in the same manner to the Office of the National

10 Intelligence Director and the personnel, resources, or activi11 ties of such Office.

12 ‘‘(b) OFFICE OF NATIONAL INTELLIGENCE DIREC13 TOR.—(1) The Office of the National Intelligence Director

14 is composed of the following:

15 ‘‘(A) The National Intelligence Director.

16 ‘‘(B) The Deputy National Intelligence Director.

17 ‘‘(C) The Deputy National Intelligence Director

18 for Operations.

19 ‘‘(D) The Deputy National Intelligence Director

20 for Community Management and Resources.

21 ‘‘(E) The Associate National Intelligence Direc22 tor for Military Support.

23 ‘‘(F) The Associate National Intelligence Director

24 for Domestic Security.
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1 ‘‘(G) The Associate National Intelligence Direc2 tor for Diplomatic Affairs.

3 ‘‘(H) The Associate National Intelligence Direc4 tor for Science and Technology.

5 ‘‘(I) The National Intelligence Council.

6 ‘‘(J) The General Counsel to the National Intel7 ligence Director.

8 ‘‘(K) Such other offices and officials as may be

9 established by law or the National Intelligence Direc10 tor may establish or designate in the Office.

11 ‘‘(2) To assist the National Intelligence Director in ful12 filling the duties and responsibilities of the Director, the

13 Director shall employ and utilize in the Office of the Na14 tional Intelligence Director a staff having expertise in mat15 ters relating to such duties and responsibilities and may

16 establish permanent positions and appropriate rates of pay

17 with respect to such staff.

18 ‘‘(c) DEPUTY NATIONAL INTELLIGENCE DIRECTOR.—

19 (1) There is a Deputy National Intelligence Director who

20 shall be appointed by the President, by and with the advice

21 and consent of the Senate.

22 ‘‘(2) The Deputy National Intelligence Director shall

23 assist the National Intelligence Director in carrying out the

24 responsibilities of the National Intelligence Director under

25 this Act.
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1 ‘‘(3) The Deputy National Intelligence Director shall

2 act for, and exercise the powers of, the National Intelligence

3 Director during the absence or disability of the National

4 Intelligence Director or during a vacancy in the position

5 of the National Intelligence Director.

6 ‘‘(4) The Deputy National Intelligence Director takes

7 precedence in the Office of the National Intelligence Direc8 tor immediately after the National Intelligence Director.

9 ‘‘(d) DEPUTY NATIONAL INTELLIGENCE DIRECTOR

10 FOR OPERATIONS.—(1) There is a Deputy National Intel11 ligence Director for Operations.

12 ‘‘(2) The Deputy National Intelligence Director for

13 Operations shall—

14 ‘‘(A) assist the National Intelligence Director in

15 all aspects of intelligence operations, including intel16 ligence tasking, requirements, collection, and analysis;

17 ‘‘(B) assist the National Intelligence Director in

18 overseeing the national intelligence centers; and

19 ‘‘(C) perform such other duties and exercise such

20 powers as National Intelligence Director may pre21 scribe.

22 ‘‘(e) DEPUTY NATIONAL INTELLIGENCE DIRECTOR FOR

23 COMMUNITY MANAGEMENT AND RESOURCES.—(1) There is

24 a Deputy National Intelligence Director for Community

25 Management and Resources.
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1 ‘‘(2) The Deputy National Intelligence Director for

2 Community Management and Resources shall—

3 ‘‘(A) assist the National Intelligence Director in

4 all aspects of management and resources, including

5 administration, budgeting, information security, per6 sonnel, training, and programmatic functions; and

7 ‘‘(B) perform such other duties and exercise such

8 powers as the National Intelligence Director may pre9 scribe.

10 ‘‘(f) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR

11 FOR MILITARY SUPPORT.—(1) There is an Associate Na12 tional Intelligence Director for Military Support who shall

13 be appointed by the National Intelligence Director, in con14 sultation with the Secretary of Defense.

15 ‘‘(2) The Associate National Intelligence Director for

16 Military Support shall—

17 ‘‘(A) ensure that the intelligence needs of the De18 partment of Defense are met; and

19 ‘‘(B) perform such other duties and exercise such

20 powers as the National Intelligence Director may pre21 scribe.

22 ‘‘(g) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR

23 FOR DOMESTIC SECURITY.—(1) There is an Associate Na24 tional Intelligence Director for Domestic Security who shall

25 be appointed by the National Intelligence Director in con-
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1 sultation with the Attorney General and the Secretary of

2 Homeland Security.

3 ‘‘(2) The Associate National Intelligence Director for

4 Domestic Security shall—

5 ‘‘(A) ensure that the intelligence needs of the De6 partment of Justice, the Department of Homeland Se7 curity, and other relevant executive departments and

8 agencies are met; and

9 ‘‘(B) perform such other duties and exercise such

10 powers as the National Intelligence Director may pre11 scribe, except that the National Intelligence Director

12 may not make such officer responsible for dissemi13 nating any domestic or homeland security informa14 tion to State government or local government officials

15 or any private sector entity.

16 ‘‘(h) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR

17 FOR DIPLOMATIC AFFAIRS.—(1) There is an Associate Na18 tional Intelligence Director for Diplomatic Affairs who

19 shall be appointed by the National Intelligence Director in

20 consultation with the Secretary of State.

21 ‘‘(2) The Associate National Intelligence Director for

22 Diplomatic Affairs shall—

23 ‘‘(A) ensure that the intelligence needs of the De24 partment of State are met; and
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1 ‘‘(B) perform such other duties and exercise such

2 powers as the National Intelligence Director may pre3 scribe.

4 ‘‘(i) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR

5 FOR SCIENCE AND TECHNOLOGY.—(1) There is an Asso6 ciate National Intelligence Director for Science and Tech7 nology who shall be appointed by the National Intelligence

8 Director.

9 ‘‘(2) The Associate National Intelligence Director for

10 Science and Technology shall—

11 ‘‘(A) advise the National Intelligence Director re12 garding research and development efforts and prior13 ities in support of the intelligence mission, to ensure

14 that the science and technology needs of the National

15 Intelligence Program will be met;

16 ‘‘(B) develop in consultation with appropriate

17 agencies and the Associate National Intelligence Di18 rectors for Military Support, Domestic Security, and

19 Diplomatic Affairs a strategic plan to support United

20 States leadership in science and technology to facili21 tate intelligence missions; and

22 ‘‘(C) perform such other duties and exercise such

23 powers as the National Intelligence Director may pre24 scribe.
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1 ‘‘(j) MILITARY STATUS OF DIRECTOR AND DEPUTY DI2 RECTORS.—(1) Not more than one of the individuals serv3 ing in the positions specified in paragraph (2) may be a

4 commissioned officer of the Armed Forces in active status.

5 ‘‘(2) The positions referred to in this paragraph are

6 the following:

7 ‘‘(A) The National Intelligence Director.

8 ‘‘(B) The Deputy National Intelligence Director.

9 ‘‘(3) It is the sense of Congress that, under ordinary

10 circumstances, it is desirable that one of the individuals

11 serving in the positions specified in paragraph (2)—

12 ‘‘(A) be a commissioned officer of the Armed

13 Forces, in active status; or

14 ‘‘(B) have, by training or experience, an appre15 ciation of military intelligence activities and require16 ments.

17 ‘‘(4) A commissioned officer of the Armed Forces, while

18 serving in a position specified in paragraph (2)—

19 ‘‘(A) shall not be subject to supervision or control

20 by the Secretary of Defense or by any officer or em21 ployee of the Department of Defense;

22 ‘‘(B) shall not exercise, by reason of the officer’s

23 status as a commissioned officer, any supervision or

24 control with respect to any of the military or civilian
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1 personnel of the Department of Defense except as oth2 erwise authorized by law; and

3 ‘‘(C) shall not be counted against the numbers

4 and percentages of commissioned officers of the rank

5 and grade of such officer authorized for the military

6 department of that officer.

7 ‘‘(5) Except as provided in subparagraph (A) or (B)

8 of paragraph (4), the appointment of an officer of the

9 Armed Forces to a position specified in paragraph (2) shall

10 not affect the status, position, rank, or grade of such officer

11 in the Armed Forces, or any emolument, perquisite, right,

12 privilege, or benefit incident to or arising out of such status,

13 position, rank, or grade.

14 ‘‘(6) A commissioned officer of the Armed Forces on

15 active duty who is appointed to a position specified in

16 paragraph (2), while serving in such position and while

17 remaining on active duty, shall continue to receive military

18 pay and allowances and shall not receive the pay prescribed

19 for such position. Funds from which such pay and allow20 ances are paid shall be reimbursed from funds available to

21 the National Intelligence Director.

22 ‘‘(k) NATIONAL INTELLIGENCE COUNCIL.—(1) There is

23 a National Intelligence Council.

24 ‘‘(2)(A) The National Intelligence Council shall be

25 composed of senior analysts within the intelligence commu-
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1 nity and substantive experts from the public and private

2 sector, who shall be appointed by, report to, and serve at

3 the pleasure of, the National Intelligence Director.

4 ‘‘(B) The Director shall prescribe appropriate security

5 requirements for personnel appointed from the private sec6 tor as a condition of service on the Council, or as contrac7 tors of the Council or employees of such contractors, to en8 sure the protection of intelligence sources and methods while

9 avoiding, wherever possible, unduly intrusive requirements

10 which the Director considers to be unnecessary for this pur11 pose.

12 ‘‘(3) The National Intelligence Council shall—

13 ‘‘(A) produce national intelligence estimates for

14 the United States Government, including alternative

15 views held by elements of the intelligence community;

16 ‘‘(B) evaluate community-wide collection and

17 production of intelligence by the intelligence commu18 nity and the requirements and resources of such col19 lection and production; and

20 ‘‘(C) otherwise assist the National Intelligence

21 Director in carrying out the responsibilities of the Di22 rector.

23 ‘‘(4) Within their respective areas of expertise and

24 under the direction of the National Intelligence Director,

25 the members of the National Intelligence Council shall con-
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1 stitute the senior intelligence advisers of the intelligence

2 community for purposes of representing the views of the in3 telligence community within the United States Government.

4 ‘‘(5) Subject to the direction and control of the Na5 tional Intelligence Director, the National Intelligence Coun6 cil may carry out its responsibilities under this subsection

7 by contract, including contracts for substantive experts nec8 essary to assist the Council with particular assessments

9 under this subsection.

10 ‘‘(6) The National Intelligence Director shall make

11 available to the National Intelligence Council such per12 sonnel as may be necessary to permit the Council to carry

13 out its responsibilities under this subsection.

14 ‘‘(7)(A) The National Intelligence Director shall take

15 appropriate measures to ensure that the National Intel16 ligence Council and its staff satisfy the needs of policy17 making officials and other consumers of intelligence.

18 ‘‘(B) The Council shall be readily accessible to policy19 making officials and other appropriate individuals not oth20 erwise associated with the intelligence community.

21 ‘‘(8) The heads of the elements of the intelligence com22 munity shall, as appropriate, furnish such support to the

23 National Intelligence Council, including the preparation of

24 intelligence analyses, as may be required by the National

25 Intelligence Director.
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1 ‘‘(l) GENERAL COUNSEL TO THE NATIONAL INTEL2 LIGENCE DIRECTOR.—(1) There is a General Counsel to the

3 National Intelligence Director.

4 ‘‘(2) The individual serving in the position of General

5 Counsel to the National Intelligence Director may not,

6 while so serving, also serve as the General Counsel of any

7 other agency or department of the United States.

8 ‘‘(3) The General Counsel to the National Intelligence

9 Director is the chief legal officer for the National Intel10 ligence Director.

11 ‘‘(4) The General Counsel to the National Intelligence

12 Director shall perform such functions as the National Intel13 ligence Director may prescribe.

14 ‘‘(m) INTELLIGENCE COMMUNITY INFORMATION TECH15 NOLOGY OFFICER.—(1) There is an Intelligence Commu16 nity Information Technology Officer who shall be appointed

17 by the National Intelligence Director.

18 ‘‘(2) The mission of the Intelligence Community Infor19 mation Technology Officer is to assist the National Intel20 ligence Director in ensuring the sharing of information in

21 the fullest and most prompt manner between and among

22 elements of the intelligence community consistent with sec23 tion 102A(g).

24 ‘‘(3) The Intelligence Community Information Tech25 nology Officer shall—
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1 ‘‘(A) consult with the National Intelligence Di2 rector who shall provide guidance to the heads of the

3 department containing elements of the intelligence

4 community and heads of the elements of the intel5 ligence community as appropriate;

6 ‘‘(B) assist the Deputy National Intelligence Di7 rector for Community Management and Resources in

8 developing and implementing the Information Shar9 ing Environment (ISE) established under section

10 1017 of the 9/11 Recommendations Implementation

11 Act;

12 ‘‘(C) develop an enterprise architecture for the

13 intelligence community and assist the National Intel14 ligence Director through the Deputy National Intel15 ligence Director for Community Management and Re16 sources in ensuring that elements of the intelligence

17 community comply with such architecture;

18 ‘‘(D) have procurement approval authority over

19 all enterprise architecture-related information tech20 nology items funded in the National Intelligence Pro21 gram;

22 ‘‘(E) ensure that all such elements have the most

23 direct and continuous electronic access to all informa24 tion (including unevaluated intelligence consistent

25 with existing laws and the guidelines referred to in
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1 section 102A(b)) necessary for appropriately cleared

2 analysts to conduct comprehensive all-source analysis

3 and for appropriately cleared policymakers to per4 form their duties—

5 ‘‘(i) directly, in the case of the elements of

6 the intelligence community within the National

7 Intelligence Program, and

8 ‘‘(ii) in conjunction with the Secretary of

9 Defense and other applicable heads of depart10 ments with intelligence elements outside the Na11 tional Intelligence Program;

12 ‘‘(F) review and provide recommendations to the

13 Deputy National Intelligence Director for Community

14 Management and Resources on National Intelligence

15 Program budget requests for information technology

16 and national security systems;

17 ‘‘(G) assist the Deputy National Intelligence Di18 rector for Community Management and Resources in

19 promulgating and enforcing standards on informa20 tion technology and national security systems that

21 apply throughout the elements of the intelligence com22 munity;

23 ‘‘(H) ensure that within and between the ele24 ments of the National Intelligence Program, duplica-
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1 tive and unnecessary information technology and na2 tional security systems are eliminated; and

3 ‘‘(I) pursuant to the direction of the National

4 Intelligence Director, consult with the Director of the

5 Office of Management and Budget to ensure that the

6 Office of the National Intelligence Director coordi7 nates and complies with national security require8 ments consistent with applicable law, Executive or9 ders, and guidance; and

10 ‘‘(J) perform such other duties with respect to

11 the information systems and information technology

12 of the Office of the National Intelligence Director as

13 may be prescribed by the Deputy National Intel14 ligence Director for Community Management and Re15 sources or specified by law.

16 ‘‘(n) COUNTERINTELLIGENCE OFFICER TO THE NA17 TIONAL INTELLIGENCE DIRECTOR.—(1) There is a Counter18 intelligence Officer to the National Intelligence Director

19 who shall be appointed by the National Intelligence Direc20 tor.

21 ‘‘(2) The mission of the Counterintelligence Officer to

22 the National Intelligence Director is to assist the National

23 Intelligence Director in reducing the threats of disclosure

24 or loss of classified or sensitive information or penetration

25 of national intelligence functions that may be potentiated
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1 by increased information sharing, enterprise architectures,

2 or other activities under this Act.

3 ‘‘(3) The Counterintelligence Officer to the National

4 Intelligence Director shall—

5 ‘‘(A) assist the Deputy National Intelligence Di6 rector for Community Management and Resources in

7 developing and implementing counterintelligence poli8 cies for the functions of the Office of the National In9 telligence Director, in consultation with the Associate

10 National Intelligence Directors;

11 ‘‘(B) ensure that policies under subparagraph

12 (A) and the implementation of those policies are co13 ordinated with counterintelligence activities of appro14 priate agencies and elements of the National Intel15 ligence Program, and with the activities of the Intel16 ligence Community Information Officer;

17 ‘‘(C) review resource requirements to support the

18 mission of the Counterintelligence Officer under this

19 subsection and make recommendations to the Deputy

20 National Intelligence Director for Community Man21 agement and Resources with respect to those require22 ments; and

23 ‘‘(D) perform such other duties as the National

24 Intelligence Director shall prescribe.
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1 ‘‘CENTRAL INTELLIGENCE AGENCY

2 ‘‘SEC. 104. (a) CENTRAL INTELLIGENCE AGENCY.—

3 There is a Central Intelligence Agency.

4 ‘‘(b) FUNCTION.—The function of the Central Intel5 ligence Agency is to assist the Director of the Central Intel6 ligence Agency in carrying out the responsibilities specified

7 in section 104A(c).

8 ‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

9 ‘‘SEC. 104A. (a) DIRECTOR OF CENTRAL INTEL10 LIGENCE AGENCY.—There is a Director of the Central Intel11 ligence Agency who shall be appointed by the President, by

12 and with the advice and consent of the Senate. The Director

13 shall be under the authority, direction, and control of the

14 National Intelligence Director, except as otherwise deter15 mined by the President.

16 ‘‘(b) DUTIES.—In the capacity as Director of the Cen17 tral Intelligence Agency, the Director of the Central Intel18 ligence Agency shall—

19 ‘‘(1) carry out the responsibilities specified in

20 subsection (c); and

21 ‘‘(2) serve as the head of the Central Intelligence

22 Agency.

23 ‘‘(c) RESPONSIBILITIES.—The Director of the Central

24 Intelligence Agency shall—

25 ‘‘(1) collect intelligence through human sources

26 and by other appropriate means, except that the Di-
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1 rector of the Central Intelligence Agency shall have no

2 police, subpoena, or law enforcement powers or inter3 nal security functions;

4 ‘‘(2) provide overall direction for the collection of

5 national intelligence overseas or outside the United

6 States through human sources by elements of the in7 telligence community authorized to undertake such

8 collection and, in coordination with other agencies of

9 the Government which are authorized to undertake

10 such collection, ensure that the most effective use is

11 made of resources and that the risks to the United

12 States and those involved in such collection are mini13 mized;

14 ‘‘(3) correlate and evaluate intelligence related to

15 the national security and provide appropriate dis16 semination of such intelligence;

17 ‘‘(4) perform such additional services as are of

18 common concern to the elements of the intelligence

19 community, which services the National Intelligence

20 Director determines can be more efficiently accom21 plished centrally; and

22 ‘‘(5) perform such other functions and duties re23 lated to intelligence affecting the national security as

24 the President or the National Intelligence Director

25 may direct.
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1 ‘‘(d) DEPUTY DIRECTOR OF THE CENTRAL INTEL2 LIGENCE AGENCY.—There is a Deputy Director of the Cen3 tral Intelligence Agency who shall be appointed by the

4 President. The Deputy Director shall perform such func5 tions as the Director may prescribe and shall perform the

6 duties of the Director during the Director’s absence or dis7 ability or during a vacancy in the position of the Director

8 of the Central Intelligence Agency.

9 ‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOY10 EES.—(1) Notwithstanding the provisions of any other law,

11 the Director of the Central Intelligence Agency may, in the

12 discretion of the Director, terminate the employment of any

13 officer or employee of the Central Intelligence Agency when14 ever the Director considers the termination of employment

15 of such officer or employee necessary or advisable in the

16 interests of the United States.

17 ‘‘(2) Any termination of employment of an officer or

18 employee under paragraph (1) shall not affect the right of

19 the officer or employee to seek or accept employment in any

20 other department, agency, or element of the United States

21 Government if declared eligible for such employment by the

22 Office of Personnel Management.’’.

23 (b) FIRST DIRECTOR.—(1) When the Senate receives

24 the nomination of a person for the initial appointment by

25 the President for the position of National Intelligence Direc-
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1 tor, it shall consider and dispose of such nomination within

2 a period of 30 legislative days.

3 (2) If the Senate does not dispose of such nomination

4 referred to in paragraph (1) within such period—

5 (A) Senate confirmation is not required; and

6 (B) the appointment of such nominee as Na7 tional Intelligence Director takes effect upon adminis8 tration of the oath of office.

9 (3) For the purposes of this subsection, the term ‘‘legis10 lative day’’ means a day on which the Senate is in session.

11 SEC. 1012. REVISED DEFINITION OF NATIONAL INTEL12 LIGENCE.

13 Paragraph (5) of section 3 of the National Security

14 Act of 1947 (50 U.S.C. 401a) is amended to read as follows:

15 ‘‘(5) The terms ‘national intelligence’ and ‘intel16 ligence related to national security’ refer to all intel17 ligence, regardless of the source from which derived

18 and including information gathered within or outside

19 the United States, that—

20 ‘‘(A) pertains, as determined consistent with

21 any guidance issued by the President, to more

22 than one United States Government agency; and

23 ‘‘(B) that involves—

24 ‘‘(i) threats to the United States, its

25 people, property, or interests;
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1 ‘‘(ii) the development, proliferation, or

2 use of weapons of mass destruction; or

3 ‘‘(iii) any other matter bearing on

4 United States national or homeland secu5 rity.’’.

6 SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL CO7 ORDINATION BETWEEN DEPARTMENT OF DE8 FENSE AND CENTRAL INTELLIGENCE AGEN9 CY.

10 (a) DEVELOPMENT OF PROCEDURES.—The National

11 Intelligence Director, in consultation with the Secretary of

12 Defense and the Director of the Central Intelligence Agency,

13 shall develop joint procedures to be used by the Department

14 of Defense and the Central Intelligence Agency to improve

15 the coordination and deconfliction of operations that in16 volve elements of both the Armed Forces and the Central

17 Intelligence Agency consistent with national security and

18 the protection of human intelligence sources and methods.

19 Those procedures shall, at a minimum, provide the fol20 lowing:

21 (1) Methods by which the Director of the Central

22 Intelligence Agency and the Secretary of Defense can

23 improve communication and coordination in the

24 planning, execution, and sustainment of operations,

25 including, as a minimum—
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1 (A) information exchange between senior of2 ficials of the Central Intelligence Agency and

3 senior officers and officials of the Department of

4 Defense when planning for such an operation

5 commences by either organization; and

6 (B) exchange of information between the

7 Secretary and the Director of the Central Intel8 ligence Agency to ensure that senior operational

9 officials in both the Department of Defense and

10 the Central Intelligence Agency have knowledge

11 of the existence of the ongoing operations of the

12 other.

13 (2) When appropriate, in cases where the De14 partment of Defense and the Central Intelligence

15 Agency are conducting separate missions in the same

16 geographical area, mutual agreement on the tactical

17 and strategic objectives for the region and a clear de18 lineation of operational responsibilities to prevent

19 conflict and duplication of effort.

20 (b) IMPLEMENTATION REPORT.—Not later than 180

21 days after the date of the enactment of the Act, the National

22 Intelligence Director shall submit to the congressional de23 fense committees (as defined in section 101 of title 10,

24 United States Code) and the congressional intelligence com25 mittees (as defined in section 3(7) of the National Security
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1 Act of 1947 (50 U.S.C. 401a(7))) a report describing the

2 procedures established pursuant to subsection (a) and the

3 status of the implementation of those procedures.

4 SEC. 1014. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN

5 APPOINTMENT OF CERTAIN OFFICIALS RE6 SPONSIBLE FOR INTELLIGENCE-RELATED AC7 TIVITIES.

8 Section 106 of the National Security Act of 1947 (50

9 U.S.C. 403–6) is amended by striking all after the heading

10 and inserting the following:

11 ‘‘(a) RECOMMENDATION OF NID IN CERTAIN APPOINT12 MENTS.—(1) In the event of a vacancy in a position re13 ferred to in paragraph (2), the National Intelligence Direc14 tor shall recommend to the President an individual for

15 nomination to fill the vacancy.

16 ‘‘(2) Paragraph (1) applies to the following positions:

17 ‘‘(A) The Deputy National Intelligence Director.

18 ‘‘(B) The Director of the Central Intelligence

19 Agency.

20 ‘‘(b) CONCURRENCE OF NID IN APPOINTMENTS TO PO21 SITIONS IN THE INTELLIGENCE COMMUNITY.—(1) In the

22 event of a vacancy in a position referred to in paragraph

23 (2), the head of the department or agency having jurisdic24 tion over the position shall obtain the concurrence of the

25 National Intelligence Director before appointing an indi-
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1 vidual to fill the vacancy or recommending to the President

2 an individual to be nominated to fill the vacancy. If the

3 Director does not concur in the recommendation, the head

4 of the department or agency concerned may not fill the va5 cancy or make the recommendation to the President (as the

6 case may be). In the case in which the National Intelligence

7 Director does not concur in such a recommendation, the Di8 rector and the head of the department or agency concerned

9 may advise the President directly of the intention to with10 hold concurrence or to make a recommendation, as the case

11 may be.

12 ‘‘(2) Paragraph (1) applies to the following positions:

13 ‘‘(A) The Director of the National Security Agen14 cy.

15 ‘‘(B) The Director of the National Reconnais16 sance Office.

17 ‘‘(C) The Director of the National Geospatial-In18 telligence Agency.

19 ‘‘(c) CONSULTATION WITH NATIONAL INTELLIGENCE

20 DIRECTOR IN CERTAIN POSITIONS.—(1) In the event of a

21 vacancy in a position referred to in paragraph (2), the head

22 of the department or agency having jurisdiction over the

23 position shall consult with the National Intelligence Direc24 tor before appointing an individual to fill the vacancy or
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1 recommending to the President an individual to be nomi2 nated to fill the vacancy.

3 ‘‘(2) Paragraph (1) applies to the following positions:

4 ‘‘(A) The Director of the Defense Intelligence

5 Agency.

6 ‘‘(B) The Assistant Secretary of State for Intel7 ligence and Research.

8 ‘‘(C) The Director of the Office of Intelligence of

9 the Department of Energy.

10 ‘‘(D) The Director of the Office of Counterintel11 ligence of the Department of Energy.

12 ‘‘(E) The Assistant Secretary for Intelligence and

13 Analysis of the Department of the Treasury.

14 ‘‘(F) The Executive Assistant Director for Intel15 ligence of the Federal Bureau of Investigation or suc16 cessor.

17 ‘‘(G) The Under Secretary of Homeland Security

18 for Information Analysis and Infrastructure Protec19 tion.

20 ‘‘(H) The Deputy Assistant Commandant of the

21 Coast Guard for Intelligence.

22 SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL INTEL23 LIGENCE DIRECTOR.

24 (a) INITIAL APPOINTMENT OF THE NATIONAL INTEL25 LIGENCE DIRECTOR.—Notwithstanding section 102(a)(1) of
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1 the National Security Act of 1947, as added by section

2 1011(a), the individual serving as the Director of Central

3 Intelligence on the date immediately preceding the date of

4 the enactment of this Act may, at the discretion of the Presi5 dent, become the initial National Intelligence Director.

6 (b) GENERAL REFERENCES.—(1) Any reference to the

7 Director of Central Intelligence in the Director’s capacity

8 as the head of the intelligence community in any law, regu9 lation, document, paper, or other record of the United

10 States shall be deemed to be a reference to the National In11 telligence Director.

12 (2) Any reference to the Director of Central Intelligence

13 in the Director’s capacity as the head of the Central Intel14 ligence Agency in any law, regulation, document, paper,

15 or other record of the United States shall be deemed to be

16 a reference to the Director of the Central Intelligence Agen17 cy.

18 (3) Any reference to the Deputy Director of Central

19 Intelligence in the Deputy Director’s capacity as deputy to

20 the head of the intelligence community in any law, regula21 tion, document, paper, or other record of the United States

22 shall be deemed to be a reference to the Deputy National

23 Intelligence Director.

24 (4) Any reference to the Deputy Director of Central

25 Intelligence for Community Management in any law, regu-
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1 lation, document, paper, or other record of the United

2 States shall be deemed to be a reference to the Deputy Na3 tional Intelligence Director for Community Management

4 and Resources.

5 SEC. 1016. EXECUTIVE SCHEDULE MATTERS.

6 (a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 of

7 title 5, United States Code, is amended by adding the end

8 the following new item:

9 ‘‘National Intelligence Director.’’.

10 (b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313

11 of title 5, United States Code, is amended by adding at

12 the end the following new items:

13 ‘‘Deputy National Intelligence Director.

14 ‘‘Director of the National Counterterrorism Cen15 ter.’’.

16 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315

17 of title 5, United States Code, is amended by striking the

18 item relating to the Assistant Directors of Central Intel19 ligence.

20 SEC. 1017. INFORMATION SHARING.

21 (a) FINDINGS.—Congress makes the following findings:

22 (1) The effective use of information, from all

23 available sources, is essential to the fight against ter24 ror and the protection of our homeland.
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1 (2) The United States Government has access to

2 a vast amount of information, including not only tra3 ditional intelligence but also other government data4 bases, such as those containing customs or immigra5 tion information.

6 (3) In the period preceding September 11, 2001,

7 there were instances of potentially helpful information

8 that was available but that no person knew to ask for;

9 information that was distributed only in compart10 mented channels, and information that was requested

11 but could not be shared.

12 (4) The current system, in which each intel13 ligence agency has its own security practices, requires

14 a demonstrated ‘‘need to know’’ before sharing.

15 (5) The National Intelligence Director should

16 pursue setting an executable government-wide security

17 mode policy of ‘‘right-to-share,’’ one based on a prov18 en blend of both integrity and access control models

19 and supported by applicable law. No single agency

20 can create a meaningful government-wide informa21 tion sharing system on its own.

22 (b) ESTABLISHMENT OF INFORMATION SHARING ENVI23 RONMENT.—The President shall establish a secure informa24 tion sharing environment (ISE) for the sharing of intel25 ligence and related information in a manner consistent
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1 with national security and the protection of privacy and

2 civil liberties. The information sharing environment (ISE)

3 shall be based on clearly defined and consistently applied

4 policies and procedures, and valid investigative, analytical,

5 and operational requirements.

6 SEC. 1018. REPORT ON INTEGRATION OF DRUG ENFORCE7 MENT AGENCY INTO THE INTELLIGENCE

8 COMMUNITY.

9 (a) REPORT.—Not later than 120 days after the date

10 of enactment of this Act, the President shall submit to the

11 appropriate congressional committees a report on the prac12 ticality of integrating the Drug Enforcement Administra13 tion into the intelligence community.

14 (b) APPROPRIATE CONGRESSIONAL COMMITTEES DE15 FINED.—In this section, the term ‘‘appropriate congres16 sional committees’’ means—

17 (1) the Permanent Select Committee on Intel18 ligence of the House of Representatives and the Select

19 Committee on Intelligence of the Senate; and

20 (2) the Committees on the Judiciary of the

21 House of Representatives and the Senate.
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1 Subtitle B—National

2 Counterterrorism Center and

3 Civil Liberties Protections

4 SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.

5 (a) IN GENERAL.—Title I of the National Security Act

6 of 1947 (50 U.S.C. 402 et seq.) is amended by adding at

7 the end the following new section:

8 ‘‘NATIONAL COUNTERTERRORISM CENTER

9 ‘‘SEC. 119. (a) ESTABLISHMENT OF CENTER.—There

10 is within the Office of the National Intelligence Director

11 a National Counterterrorism Center.

12 ‘‘(b) DIRECTOR OF NATIONAL COUNTERTERRORISM

13 CENTER.—There is a Director of the National

14 Counterterrorism Center, who shall be the head of the Na15 tional Counterterrorism Center, who shall be appointed by

16 National Intelligence Director.

17 ‘‘(c) SUPERVISION.—The Director of the National

18 Counterterrorism Center shall report to the National Intel19 ligence Director on—

20 ‘‘(1) the budget and programs of the National

21 Counterterrorism Center;

22 ‘‘(2) the activities of the Directorate of Intel23 ligence of the National Counterterrorism Center under

24 subsection (h);
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1 ‘‘(3) the conduct of intelligence operations imple2 mented by other elements of the intelligence commu3 nity; and

4 ‘‘(4) the planning and progress of joint

5 counterterrorism operations (other than intelligence

6 operations).

7 The National Intelligence Director shall carry out this sec8 tion through the Deputy National Intelligence Director for

9 Operations.

10 ‘‘(d) PRIMARY MISSIONS.—The primary missions of

11 the National Counterterrorism Center shall be as follows:

12 ‘‘(1) To serve as the primary organization in the

13 United States Government for analyzing and inte14 grating all intelligence possessed or acquired by the

15 United States Government pertaining to terrorism

16 and counterterrorism, excepting intelligence per17 taining exclusively to domestic terrorists and domestic

18 counterterrorism.

19 ‘‘(2) To conduct strategic operational planning

20 for counterterrorism activities, integrating all instru21 ments of national power, including diplomatic, finan22 cial, military, intelligence, homeland security, and

23 law enforcement activities within and among agen24 cies.
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1 ‘‘(3) To assign roles and missions responsibilities

2 as part of the its strategic operational planning du3 ties to lead Departments or agencies, as appropriate,

4 for counterterrorism activities that are consistent with

5 applicable law and that support counterterrorism

6 strategic plans, but shall not direct the execution of

7 any resulting operations.

8 ‘‘(4) To ensure that agencies, as appropriate,

9 have access to and receive all-source intelligence sup10 port needed to execute their counterterrorism plans or

11 perform independent, alternative analysis.

12 ‘‘(5) To ensure that such agencies have access to

13 and receive intelligence needed to accomplish their as14 signed activities.

15 ‘‘(6) To serve as the central and shared knowl16 edge bank on known and suspected terrorists and

17 international terror groups, as well as their goals,

18 strategies, capabilities, and networks of contacts and

19 support.

20 ‘‘(e) DOMESTIC COUNTERTERRORISM INTEL21 LIGENCE.—(1) The Center may, consistent with applicable

22 law, the direction of the President, and the guidelines re23 ferred to in section 102A(b), receive intelligence pertaining

24 exclusively to domestic counterterrorism from any Federal,

25 State, or local government or other source necessary to ful-
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1 fill its responsibilities and retain and disseminate such in2 telligence.

3 ‘‘(2) Any agency authorized to conduct

4 counterterrorism activities may request information from

5 the Center to assist it in its responsibilities, consistent with

6 applicable law and the guidelines referred to in section

7 102A(b).

8 ‘‘(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—

9 The Director of the National Counterterrorism Center

10 shall—

11 ‘‘(1) serve as the principal adviser to the Na12 tional Intelligence Director on intelligence operations

13 relating to counterterrorism;

14 ‘‘(2) provide strategic guidance and plans for the

15 civilian and military counterterrorism efforts of the

16 United States Government and for the effective inte17 gration of counterterrorism intelligence and oper18 ations across agency boundaries, both inside and out19 side the United States;

20 ‘‘(3) advise the National Intelligence Director on

21 the extent to which the counterterrorism program rec22 ommendations and budget proposals of the depart23 ments, agencies, and elements of the United States

24 Government conform to the priorities established by

25 the President;
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1 ‘‘(4) disseminate terrorism information, includ2 ing current terrorism threat analysis, to the Presi3 dent, the Vice President, the Secretaries of State, De4 fense, and Homeland Security, the Attorney General,

5 the Director of the Central Intelligence Agency, and

6 other officials of the executive branch as appropriate,

7 and to the appropriate committees of Congress;

8 ‘‘(5) support the Department of Justice and the

9 Department of Homeland Security, and other appro10 priate agencies, in fulfillment of their responsibilities

11 to disseminate terrorism information, consistent with

12 applicable law, guidelines referred to in section

13 102A(b), Executive orders and other Presidential

14 guidance, to State and local government officials, and

15 other entities, and coordinate dissemination of ter16 rorism information to foreign governments as ap17 proved by the National Intelligence Director;

18 ‘‘(6) consistent with priorities approved by the

19 President, assist the National Intelligence Director in

20 establishing requirements for the intelligence commu21 nity for the collection of terrorism information; and

22 ‘‘(7) perform such other duties as the National

23 Intelligence Director may prescribe or are prescribed

24 by law.
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1 ‘‘(g) LIMITATION.—The Director of the National

2 Counterterrorism Center may not direct the execution of

3 counterterrorism operations.

4 ‘‘(h) RESOLUTION OF DISPUTES.—The National Intel5 ligence Director shall resolve disagreements between the Na6 tional Counterterrorism Center and the head of a depart7 ment, agency, or element of the United States Government

8 on designations, assignments, plans, or responsibilities. The

9 head of such a department, agency, or element may appeal

10 the resolution of the disagreement by the National Intel11 ligence Director to the President.

12 ‘‘(i) DIRECTORATE OF INTELLIGENCE.—The Director

13 of the National Counterterrorism Center shall establish and

14 maintain within the National Counterterrorism Center a

15 Directorate of Intelligence which shall have primary re16 sponsibility within the United States Government for anal17 ysis of terrorism and terrorist organizations (except for

18 purely domestic terrorism and domestic terrorist organiza19 tions) from all sources of intelligence, whether collected in20 side or outside the United States.

21 ‘‘(j) DIRECTORATE OF STRATEGIC PLANNING.—The

22 Director of the National Counterterrorism Center shall es23 tablish and maintain within the National Counterterrorism

24 Center a Directorate of Strategic Planning which shall pro-
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1 vide strategic guidance and plans for counterterrorism op2 erations conducted by the United States Government.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections for

4 the National Security Act of 1947 is amended by inserting

5 after the item relating to section 118 the following new item:

‘‘Sec. 119. National Counterterrorism Center.’’.

6 SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER.

7 (a) CIVIL LIBERTIES PROTECTION OFFICER.—(1)

8 Within the Office of the National Intelligence Director, there

9 is a Civil Liberties Protection Officer who shall be ap10 pointed by the National Intelligence Director.

11 (2) The Civil Liberties Protection Officer shall report

12 directly to the National Intelligence Director.

13 (b) DUTIES.—The Civil Liberties Protection Officer

14 shall—

15 (1) ensure that the protection of civil liberties

16 and privacy is appropriately incorporated in the

17 policies and procedures developed for and imple18 mented by the Office of the National Intelligence Di19 rector and the elements of the intelligence community

20 within the National Intelligence Program;

21 (2) oversee compliance by the Office and the Na22 tional Intelligence Director with requirements under

23 the Constitution and all laws, regulations, Executive

24 orders, and implementing guidelines relating to civil

25 liberties and privacy;
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1 (3) review and assess complaints and other in2 formation indicating possible abuses of civil liberties

3 and privacy in the administration of the programs

4 and operations of the Office and the National Intel5 ligence Director and, as appropriate, investigate any

6 such complaint or information;

7 (4) ensure that the use of technologies sustain,

8 and do not erode, privacy protections relating to the

9 use, collection, and disclosure of personal information;

10 (5) ensure that personal information contained

11 in a system of records subject to section 552a of title

12 5, United States Code (popularly referred to as the

13 ‘Privacy Act’), is handled in full compliance with fair

14 information practices as set out in that section;

15 (6) conduct privacy impact assessments when

16 appropriate or as required by law; and

17 (7) perform such other duties as may be pre18 scribed by the National Intelligence Director or speci19 fied by law.

20 (c) USE OF AGENCY INSPECTORS GENERAL.—When

21 appropriate, the Civil Liberties Protection Officer may refer

22 complaints to the Office of Inspector General having respon23 sibility for the affected element of the department or agency

24 of the intelligence community to conduct an investigation

25 under paragraph (3) of subsection (b).
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1 Subtitle C—Joint Intelligence

2 Community Council

3 SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.

4 (a) ESTABLISHMENT.—(1) There is hereby established

5 a Joint Intelligence Community Council.

6 (b) FUNCTIONS.—(1) The Joint Intelligence Commu7 nity Council shall provide advice to the National Intel8 ligence Director as appropriate.

9 (2) The National Intelligence Director shall consult

10 with the Joint Intelligence Community Council in devel11 oping guidance for the development of the annual National

12 Intelligence Program budget.

13 (c) MEMBERSHIP.—The Joint Intelligence Community

14 Council shall consist of the following:

15 (1) The National Intelligence Director, who shall

16 chair the Council.

17 (2) The Secretary of State.

18 (3) The Secretary of the Treasury.

19 (4) The Secretary of Defense.

20 (5) The Attorney General.

21 (6) The Secretary of Energy.

22 (7) The Secretary of Homeland Security.

23 (8) Such other officials of the executive branch as

24 the President may designate.
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1 Subtitle D—Improvement of Human

2 Intelligence (HUMINT)

3 SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY

4 CRITICAL COMPONENT OF THE INTEL5 LIGENCE COMMUNITY.

6 It is a sense of Congress that—

7 (1) the human intelligence officers of the intel8 ligence community have performed admirably and

9 honorably in the face of great personal dangers;

10 (2) during an extended period of unprecedented

11 investment and improvements in technical collection

12 means, the human intelligence capabilities of the

13 United States have not received the necessary and

14 commensurate priorities;

15 (3) human intelligence is becoming an increas16 ingly important capability to provide information on

17 the asymmetric threats to the national security of the

18 United States;

19 (4) the continued development and improvement

20 of a robust and empowered and flexible human intel21 ligence work force is critical to identifying, under22 standing, and countering the plans and intentions of

23 the adversaries of the United States; and

24 (5) an increased emphasis on, and resources ap25 plied to, enhancing the depth and breadth of human
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1 intelligence capabilities of the United States intel2 ligence community must be among the top priorities

3 of the National Intelligence Director.

4 SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CA5 PACITY.

6 Not later than 6 months after the date of the enactment

7 of this Act, the National Intelligence Director shall submit

8 to Congress a report on existing human intelligence

9 (HUMINT) capacity which shall include a plan to imple10 ment changes, as necessary, to accelerate improvements to,

11 and increase the capacity of, HUMINT across the intel12 ligence community.

13 Subtitle E—Improvement of Edu14 cation for the Intelligence Com15 munity

16 SEC. 1051. MODIFICATION OF OBLIGATED SERVICE RE17 QUIREMENTS UNDER NATIONAL SECURITY

18 EDUCATION PROGRAM.

19 (a) IN GENERAL.—(1) Subsection (b)(2) of section 802

20 of the David L. Boren National Security Education Act of

21 1991 (50 U.S.C. 1902) is amended to read as follows:

22 ‘‘(2) will meet the requirements for obligated

23 service described in subsection (j); and’’.

24 (2) Such section is further amended by adding at the

25 end the following new subsection:
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1 ‘‘(j) REQUIREMENTS FOR OBLIGATED SERVICE IN THE

2 GOVERNMENT.—(1) Each recipient of a scholarship or a fel3 lowship under the program shall work in a specified na4 tional security position. In this subsection, the term ‘speci5 fied national security position’ means a position of a de6 partment or agency of the United States that the Secretary

7 certifies is appropriate to use the unique language and re8 gion expertise acquired by the recipient pursuant to the

9 study for which scholarship or fellowship assistance (as the

10 case may be) was provided under the program.

11 ‘‘(2) Each such recipient shall commence work in a

12 specified national security position as soon as practicable

13 but in no case later than two years after the completion

14 by the recipient of the study for which scholarship or fellow15 ship assistance (as the case may be) was provided under

16 the program.

17 ‘‘(3) Each such recipient shall work in a specified na18 tional security position for a period specified by the Sec19 retary, which period shall include—

20 ‘‘(A) in the case of a recipient of a scholarship,

21 one year of service for each year, or portion thereof,

22 for which such scholarship assistance was provided,

23 and

24 ‘‘(B) in the case of a recipient of a fellowship,

25 not less than one nor more than three years for each
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1 year, or portion thereof, for which such fellowship as2 sistance was provided.

3 ‘‘(4) Recipients shall seek specified national security

4 positions as follows:

5 ‘‘(A) In the Department of Defense or in any ele6 ment of the intelligence community.

7 ‘‘(B) In the Department of State or in the De8 partment of Homeland Security, if the recipient dem9 onstrates to the Secretary that no position is available

10 in the Department of Defense or in any element of the

11 intelligence community.

12 ‘‘(C) In any other Federal department or agency

13 not referred to in subparagraphs (A) and (B), if the

14 recipient demonstrates to the Secretary that no posi15 tion is available in a Federal department or agency

16 specified in such paragraphs.’’.

17 (b) REGULATIONS.—The Secretary of Defense shall

18 prescribe regulations to carry out subsection (j) of section

19 802 of the David L. Boren National Security Education

20 Act of 1991, as added by subsection (a). In prescribing such

21 regulations, the Secretary shall establish standards that re22 cipients of scholarship and fellowship assistance under the

23 program under section 802 of the David L. Boren National

24 Security Education Act of 1991 are required to demonstrate
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1 in order to satisfy the requirement of a good faith effort

2 to gain employment as required under such subsection.

3 (c) APPLICABILITY.—(1) The amendments made by

4 subsection (a) shall apply with respect to service agreements

5 entered into under the David L. Boren National Security

6 Education Act of 1991 on or after the date of the enactment

7 of this Act.

8 (2) The amendments made by subsection (a) shall not

9 affect the force, validity, or terms of any service agreement

10 entered into under the David L. Boren National Security

11 Education Act of 1991 before the date of the enactment of

12 this Act that is in force as of that date.

13 SEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP

14 LANGUAGE INITIATIVE.

15 (a) INCREASE IN ANNUAL AUTHORIZATION OF APPRO16 PRIATIONS.—(1) Title VIII of the Intelligence Authorization

17 Act for Fiscal Year 1992 (Public Law 102–183; 105 Stat.

18 1271), as amended by section 311(c) of the Intelligence Au19 thorization Act for Fiscal Year 1994 (Public Law 103–178;

20 107 Stat. 2037) and by section 333(b) of the Intelligence

21 Authorization Act for Fiscal Year 2003 (Public Law 107–

22 306; 116 Stat. 2397), is amended in subsection (a) of sec23 tion 811 by striking ‘‘there is authorized to be appropriated

24 to the Secretary for each fiscal year, beginning with fiscal

25 year 2003, $10,000,000,’’ and inserting ‘‘there is authorized
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1 to be appropriated to the Secretary for each of fiscal years

2 2003 and 2004, $10,000,000, and for fiscal year 2005 and

3 each subsequent fiscal year, $12,000,000,’’.

4 (2) Subsection (b) of such section is amended by insert5 ing ‘‘for fiscal years 2003 and 2004 only’’ after ‘‘authoriza6 tion of appropriations under subsection (a)’’.

7 (b) REQUIREMENT FOR EMPLOYMENT AGREE8 MENTS.—(1) Section 802(i) of the David L. Boren National

9 Security Education Act of 1991 (50 U.S.C. 1902(i)) is

10 amended by adding at the end the following new paragraph:

11 ‘‘(5)(A) In the case of an undergraduate or graduate

12 student that participates in training in programs under

13 paragraph (1), the student shall enter into an agreement

14 described in subsection (b), other than such a student who

15 has entered into such an agreement pursuant to subpara16 graph (A)(ii) or (B)(ii) of section 802(a)(1).

17 ‘‘(B) In the case of an employee of an agency or de18 partment of the Federal Government that participates in

19 training in programs under paragraph (1), the employee

20 shall agree in writing—

21 ‘‘(i) to continue in the service of the agency or

22 department of the Federal Government employing the

23 employee for the period of such training;

24 ‘‘(ii) to continue in the service of such agency or

25 department employing the employee following comple-
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1 tion of such training for a period of two years for

2 each year, or part of the year, of such training;

3 ‘‘(iii) to reimburse the United States for the total

4 cost of such training (excluding the employee’s pay

5 and allowances) provided to the employee if, before

6 the completion by the employee of the training, the

7 employment of the employee by the agency or depart8 ment is terminated due to misconduct by the em9 ployee or by the employee voluntarily; and

10 ‘‘(iv) to reimburse the United States if, after

11 completing such training, the employment of the em12 ployee by the agency or department is terminated ei13 ther by the agency or department due to misconduct

14 by the employee or by the employee voluntarily, before

15 the completion by the employee of the period of service

16 required in clause (ii), in an amount that bears the

17 same ratio to the total cost of the training (excluding

18 the employee’s pay and allowances) provided to the

19 employee as the unserved portion of such period of

20 service bears to the total period of service under clause

21 (ii).

22 ‘‘(C) Subject to subparagraph (D), the obligation to re23 imburse the United States under an agreement under sub24 paragraph (A) is for all purposes a debt owing the United

25 States.
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1 ‘‘(D) The head of an element of the intelligence commu2 nity may release an employee, in whole or in part, from

3 the obligation to reimburse the United States under an

4 agreement under subparagraph (A) when, in the discretion

5 of the head of the element, the head of the element determines

6 that equity or the interests of the United States so require.’’.

7 (2) The amendment made by paragraph (1) shall

8 apply to training that begins on or after the date that is

9 90 days after the date of the enactment of this Act.

10 (c) INCREASE IN THE NUMBER OF PARTICIPATING

11 EDUCATIONAL INSTITUTIONS.—The Secretary of Defense

12 shall take such steps as the Secretary determines will in13 crease the number of qualified educational institutions that

14 receive grants under the National Flagship Language Ini15 tiative to establish, operate, or improve activities designed

16 to train students in programs in a range of disciplines to

17 achieve advanced levels of proficiency in those foreign lan18 guages that the Secretary identifies as being the most crit19 ical in the interests of the national security of the United

20 States.

21 (d) CLARIFICATION OF AUTHORITY TO SUPPORT

22 STUDIES ABROAD.—Educational institutions that receive

23 grants under the National Flagship Language Initiative

24 may support students who pursue total immersion foreign
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1 language studies overseas of foreign languages that are crit2 ical to the national security of the United States.

3 SEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM

4 FOR ENGLISH LANGUAGE STUDIES FOR HER5 ITAGE COMMUNITY CITIZENS OF THE UNITED

6 STATES WITHIN THE NATIONAL SECURITY

7 EDUCATION PROGRAM.

8 (a) SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE

9 STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE

10 UNITED STATES.—(1) Subsection (a)(1) of section 802 of

11 the David L. Boren National Security Education Act of

12 1991 (50 U.S.C. 1902) is amended—

13 (A) by striking ‘‘and’’ at the end of subpara14 graph (C);

15 (B) by striking the period at the end of subpara16 graph (D) and inserting ‘‘; and’’; and

17 (C) by adding at the end the following new sub18 paragraph:

19 ‘‘(E) awarding scholarships to students

20 who—

21 ‘‘(i) are United States citizens who—

22 ‘‘(I) are native speakers (com23 monly referred to as heritage commu24 nity residents) of a foreign language

25 that is identified as critical to the na-
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1 tional security interests of the United

2 States who should be actively recruited

3 for employment by Federal security

4 agencies with a need for linguists; and

5 ‘‘(II) are not proficient at a pro6 fessional level in the English language

7 with respect to reading, writing, and

8 interpersonal skills required to carry

9 out the national security interests of

10 the United States, as determined by the

11 Secretary,

12 to enable such students to pursue English

13 language studies at an institution of higher

14 education of the United States to attain

15 proficiency in those skills; and

16 ‘‘(ii) enter into an agreement to work

17 in a national security position or work in

18 the field of education in the area of study

19 for which the scholarship was awarded in a

20 similar manner (as determined by the Sec21 retary) as agreements entered into pursuant

22 to subsection (b)(2)(A).’’.

23 (2) The matter following subsection (a)(2) of such sec24 tion is amended—
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1 (A) in the first sentence, by inserting ‘‘or for the

2 scholarship program under paragraph (1)(E)’’ after

3 ‘‘under paragraph (1)(D) for the National Flagship

4 Language Initiative described in subsection (i)’’; and

5 (B) by adding at the end the following: ‘‘For the

6 authorization of appropriations for the scholarship

7 program under paragraph (1)(E), see section 812.’’.

8 (3) Section 803(d)(4)(E) of such Act (50 U.S.C.

9 1903(d)(4)(E)) is amended by inserting before the period

10 the following: ‘‘and section 802(a)(1)(E) (relating to schol11 arship programs for advanced English language studies by

12 heritage community residents)’’.

13 (b) FUNDING.—The David L. Boren National Security

14 Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended

15 by adding at the end the following new section:

16 ‘‘SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR

17 CERTAIN HERITAGE COMMUNITY RESIDENTS.

18 ‘‘There is authorized to be appropriated to the Sec19 retary for each fiscal year, beginning with fiscal year 2005,

20 $4,000,000, to carry out the scholarship programs for

21 English language studies by certain heritage community

22 residents under section 802(a)(1)(E).
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1 SEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LAN2 GUAGE AND EDUCATION FOR THE INTEL3 LIGENCE COMMUNITY; REPORTS.

4 (a) SENSE OF CONGRESS.—It is the sense of Congress

5 that there should be within the Office of the National Intel6 ligence Director a senior official responsible to assist the

7 National Intelligence Director in carrying out the Direc8 tor’s responsibilities for establishing policies and procedure

9 for foreign language education and training of the intel10 ligence community. The duties of such official should in11 clude the following:

12 (1) Overseeing and coordinating requirements for

13 foreign language education and training of the intel14 ligence community.

15 (2) Establishing policy, standards, and priorities

16 relating to such requirements.

17 (3) Identifying languages that are critical to the

18 capability of the intelligence community to carry out

19 national security activities of the United States.

20 (4) Monitoring the allocation of resources for for21 eign language education and training in order to en22 sure the requirements of the intelligence community

23 with respect to foreign language proficiency are met.

24 (b) REPORTS.—Not later than one year after the date

25 of the enactment of this Act, the National Intelligence Direc26 tor shall submit to Congress the following reports:
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1 (1) A report that identifies—

2 (A) skills and processes involved in learning

3 a foreign language; and

4 (B) characteristics and teaching techniques

5 that are most effective in teaching foreign lan6 guages.

7 (2)(A) A report that identifies foreign language

8 heritage communities, particularly such communities

9 that include speakers of languages that are critical to

10 the national security of the United States.

11 (B) For purposes of subparagraph (A), the term

12 ‘‘foreign language heritage community’’ means a com13 munity of residents or citizens of the United States—

14 (i) who are native speakers of, or who have

15 fluency in, a foreign language; and

16 (ii) who should be actively recruited for em17 ployment by Federal security agencies with a

18 need for linguists.

19 (3) A report on—

20 (A) the estimated cost of establishing a pro21 gram under which the heads of elements of the

22 intelligence community agree to repay employees

23 of the intelligence community for any student

24 loan taken out by that employee for the study of
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1 foreign languages critical for the national secu2 rity of the United States; and

3 (B) the effectiveness of such a program in

4 recruiting and retaining highly qualified per5 sonnel in the intelligence community.

6 SEC. 1055. ADVANCEMENT OF FOREIGN LANGUAGES CRIT7 ICAL TO THE INTELLIGENCE COMMUNITY.

8 (a) IN GENERAL.—Title X of the National Security

9 Act of 1947 (50 U.S.C.) is amended—

10 (1) by inserting before section 1001 (50 U.S.C.

11 441g) the following:

12 ‘‘Subtitle A—Science and

13 Technology’’;

14 and

15 (2) by adding at the end the following new sub16 titles:

17 ‘‘Subtitle B—Foreign Languages

18 Program

19 ‘‘PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES

20 CRITICAL TO THE INTELLIGENCE COMMUNITY

21 ‘‘SEC. 1011. (a) ESTABLISHMENT OF PROGRAM.—The

22 Secretary of Defense and the National Intelligence Director

23 may jointly establish a program to advance foreign lan24 guages skills in languages that are critical to the capability

25 of the intelligence community to carry out national security
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1 activities of the United States (hereinafter in this subtitle

2 referred to as the ‘Foreign Languages Program’).

3 ‘‘(b) IDENTIFICATION OF REQUISITE ACTIONS.—In

4 order to carry out the Foreign Languages Program, the Sec5 retary of Defense and the National Intelligence Director

6 shall jointly determine actions required to improve the edu7 cation of personnel in the intelligence community in foreign

8 languages that are critical to the capability of the intel9 ligence community to carry out national security activities

10 of the United States to meet the long-term intelligence needs

11 of the United States.

12 ‘‘EDUCATION PARTNERSHIPS

13 ‘‘SEC. 1012. (a) IN GENERAL.—In carrying out the

14 Foreign Languages Program, the head of a department or

15 agency containing an element of an intelligence community

16 entity may enter into one or more education partnership

17 agreements with educational institutions in the United

18 States in order to encourage and enhance the study of for19 eign languages that are critical to the capability of the in20 telligence community to carry out national security activi21 ties of the United States in educational institutions.

22 ‘‘(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL

23 PARTNERSHIP AGREEMENTS.—Under an educational part24 nership agreement entered into with an educational institu25 tion pursuant to this section, the head of an element of an
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1 intelligence community entity may provide the following

2 assistance to the educational institution:

3 ‘‘(1) The loan of equipment and instructional

4 materials of the element of the intelligence community

5 entity to the educational institution for any purpose

6 and duration that the head determines to be appro7 priate.

8 ‘‘(2) Notwithstanding any other provision of law

9 relating to transfers of surplus property, the transfer

10 to the educational institution of any computer equip11 ment, or other equipment, that is—

12 ‘‘(A) commonly used by educational institu13 tions;

14 ‘‘(B) surplus to the needs of the entity; and

15 ‘‘(C) determined by the head of the element

16 to be appropriate for support of such agreement.

17 ‘‘(3) The provision of dedicated personnel to the

18 educational institution—

19 ‘‘(A) to teach courses in foreign languages

20 that are critical to the capability of the intel21 ligence community to carry out national security

22 activities of the United States; or

23 ‘‘(B) to assist in the development of such

24 courses and materials for the institution.
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1 ‘‘(4) The involvement of faculty and students of

2 the educational institution in research projects of the

3 element of the intelligence community entity.

4 ‘‘(5) Cooperation with the educational institu5 tion in developing a program under which students

6 receive academic credit at the educational institution

7 for work on research projects of the element of the in8 telligence community entity.

9 ‘‘(6) The provision of academic and career ad10 vice and assistance to students of the educational in11 stitution.

12 ‘‘(7) The provision of cash awards and other

13 items that the head of the element of the intelligence

14 community entity determines to be appropriate.

15 ‘‘VOLUNTARY SERVICES

16 ‘‘SEC. 1013. (a) AUTHORITY TO ACCEPT SERVICES.—

17 Notwithstanding section 1342 of title 31, United States

18 Code, and subject to subsection (b), the Foreign Languages

19 Program under section 1011 shall include authority for the

20 head of an element of an intelligence community entity to

21 accept from any individual who is dedicated personnel (as

22 defined in section 1016(3)) voluntary services in support

23 of the activities authorized by this subtitle.

24 ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) In ac25 cepting voluntary services from an individual under sub26 section (a), the head of the element shall—
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1 ‘‘(A) supervise the individual to the same extent

2 as the head of the element would supervise a com3 pensated employee of that element providing similar

4 services; and

5 ‘‘(B) ensure that the individual is licensed, priv6 ileged, has appropriate educational or experiential

7 credentials, or is otherwise qualified under applicable

8 law or regulations to provide such services.

9 ‘‘(2) In accepting voluntary services from an indi10 vidual under subsection (a), the head of an element of the

11 intelligence community entity may not—

12 ‘‘(A) place the individual in a policymaking po13 sition, or other position performing inherently gov14 ernment functions; or

15 ‘‘(B) compensate the individual for the provision

16 of such services.

17 ‘‘(c) AUTHORITY TO RECRUIT AND TRAIN INDIVID18 UALS PROVIDING SERVICES.—The head of an element of an

19 intelligence community entity may recruit and train indi20 viduals to provide voluntary services accepted under sub21 section (a).

22 ‘‘(d) STATUS OF INDIVIDUALS PROVIDING SERV23 ICES.—(1) Subject to paragraph (2), while providing vol24 untary services accepted under subsection (a) or receiving

25 training under subsection (c), an individual shall be consid-
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1 ered to be an employee of the Federal Government only for

2 purposes of the following provisions of law:

3 ‘‘(A) Section 552a of title 5, United States Code

4 (relating to maintenance of records on individuals).

5 ‘‘(B) Chapter 11 of title 18, United States Code

6 (relating to conflicts of interest).

7 ‘‘(2)(A) With respect to voluntary services accepted

8 under paragraph (1) provided by an individual that are

9 within the scope of the services so accepted, the individual

10 is deemed to be a volunteer of a governmental entity or non11 profit institution for purposes of the Volunteer Protection

12 Act of 1997 (42 U.S.C. 14501 et seq.).

13 ‘‘(B) In the case of any claim against such an indi14 vidual with respect to the provision of such services, section

15 4(d) of such Act (42 U.S.C. 14503(d)) shall not apply.

16 ‘‘(3) Acceptance of voluntary services under this sec17 tion shall have no bearing on the issuance or renewal of

18 a security clearance.

19 ‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—

20 (1) The head of an element of the intelligence community

21 entity may reimburse an individual for incidental expenses

22 incurred by the individual in providing voluntary services

23 accepted under subsection (a). The head of an element of

24 the intelligence community entity shall determine which ex25 penses are eligible for reimbursement under this subsection.
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1 ‘‘(2) Reimbursement under paragraph (1) may be

2 made from appropriated or nonappropriated funds.

3 ‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) The

4 head of an element of the intelligence community may in5 stall telephone lines and any necessary telecommunication

6 equipment in the private residences of individuals who pro7 vide voluntary services accepted under subsection (a).

8 ‘‘(2) The head of an element of the intelligence commu9 nity may pay the charges incurred for the use of equipment

10 installed under paragraph (1) for authorized purposes.

11 ‘‘(3) Notwithstanding section 1348 of title 31, United

12 States Code, the head of an element of the intelligence com13 munity entity may use appropriated funds or non14 appropriated funds of the element in carrying out this sub15 section.

16 ‘‘REGULATIONS

17 ‘‘SEC. 1014. (a) IN GENERAL.—The Secretary of De18 fense and the National Intelligence Director jointly shall

19 promulgate regulations necessary to carry out the Foreign

20 Languages Program authorized under this subtitle.

21 ‘‘(b) ELEMENTS OF THE INTELLIGENCE COMMU22 NITY.—Each head of an element of an intelligence commu23 nity entity shall prescribe regulations to carry out sections

24 1012 and 1013 with respect to that element including the

25 following:
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1 ‘‘(1) Procedures to be utilized for the acceptance

2 of voluntary services under section 1013.

3 ‘‘(2) Procedures and requirements relating to the

4 installation of equipment under section 1013(g).

5 ‘‘DEFINITIONS

6 ‘‘SEC. 1015. In this subtitle:

7 ‘‘(1) The term ‘intelligence community entity’

8 means an agency, office, bureau, or element referred

9 to in subparagraphs (B) through (K) of section 3(4).

10 ‘‘(2) The term ‘educational institution’ means—

11 ‘‘(A) a local educational agency (as that

12 term is defined in section 9101(26) of the Ele13 mentary and Secondary Education Act of 1965

14 (20 U.S.C. 7801(26))),

15 ‘‘(B) an institution of higher education (as

16 defined in section 102 of the Higher Education

17 Act of 1965 (20 U.S.C. 1002) other than institu18 tions referred to in subsection (a)(1)(C) of such

19 section), or

20 ‘‘(C) any other nonprofit institution that

21 provides instruction of foreign languages in lan22 guages that are critical to the capability of the

23 intelligence community to carry out national se24 curity activities of the United States.

25 ‘‘(3) The term ‘dedicated personnel’ means em26 ployees of the intelligence community and private
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1 citizens (including former civilian employees of the

2 Federal Government who have been voluntarily sepa3 rated, and members of the United States Armed

4 Forces who have been honorably discharged or gen5 erally discharged under honorable circumstances, and

6 rehired on a voluntary basis specifically to perform

7 the activities authorized under this subtitle).

8 ‘‘Subtitle C—Additional Education

9 Provisions

10 ‘‘ASSIGNMENT OF INTELLIGENCE COMMUNITY PERSONNEL

11 AS LANGUAGE STUDENTS

12 ‘‘SEC. 1021. (a) IN GENERAL.—(1) The National In13 telligence Director, acting through the heads of the elements

14 of the intelligence community, may provide for the assign15 ment of military and civilian personnel described in para16 graph (2) as students at accredited professional, technical,

17 or other institutions of higher education for training at the

18 graduate or undergraduate level in foreign languages re19 quired for the conduct of duties and responsibilities of such

20 positions.

21 ‘‘(2) Personnel referred to in paragraph (1) are per22 sonnel of the elements of the intelligence community who

23 serve in analysts positions in such elements and who re24 quire foreign language expertise required for the conduct of

25 duties and responsibilities of such positions.
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1 ‘‘(b) AUTHORITY FOR REIMBURSEMENT OF COSTS OF

2 TUITION AND TRAINING.—(1) The Director may reimburse

3 an employee assigned under subsection (a) for the total cost

4 of the training described in subsection (a), including costs

5 of educational and supplementary reading materials.

6 ‘‘(2) The authority under paragraph (1) shall apply

7 to employees who are assigned on a full-time or part-time

8 basis.

9 ‘‘(3) Reimbursement under paragraph (1) may be

10 made from appropriated or nonappropriated funds.

11 ‘‘(c) RELATIONSHIP TO COMPENSATION AS AN ANA12 LYST.—Reimbursement under this section to an employee

13 who is an analyst is in addition to any benefits, allowances,

14 travels, or other compensation the employee is entitled to

15 by reason of serving in such an analyst position.’’.

16 (b) CLERICAL AMENDMENT.—The table of contents for

17 the National Security Act of 1947 is amended by striking

18 the item relating to section 1001 and inserting the following

19 new items:

‘‘Subtitle A—Science and Technology

‘‘Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in

science and technology.

‘‘Subtitle B—Foreign Languages Program

‘‘Sec. 1011. Program on advancement of foreign languages critical to the intelligence community.

‘‘Sec. 1012. Education partnerships.

‘‘Sec. 1013. Voluntary services.

‘‘Sec. 1014. Regulations.

‘‘Sec. 1015. Definitions.
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‘‘Subtitle C—Additional Education Provisions

‘‘Sec. 1021. Assignment of intelligence community personnel as language students.’’.

1 SEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RE2 SERVE CORPS.

3 (a) PILOT PROJECT.—The National Intelligence Direc4 tor shall conduct a pilot project to establish a Civilian Lin5 guist Reserve Corps comprised of United States citizens

6 with advanced levels of proficiency in foreign languages

7 who would be available upon a call of the President to per8 form such service or duties with respect to such foreign lan9 guages in the Federal Government as the President may

10 specify.

11 (b) CONDUCT OF PROJECT.—Taking into account the

12 findings and recommendations contained in the report re13 quired under section 325 of the Intelligence Authorization

14 Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.

15 2393), in conducting the pilot project under subsection (a)

16 the National Intelligence Director shall—

17 (1) identify several foreign languages that are

18 critical for the national security of the United States;

19 (2) identify United States citizens with advanced

20 levels of proficiency in those foreign languages who

21 would be available to perform the services and duties

22 referred to in subsection (a); and
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1 (3) implement a call for the performance of such

2 services and duties.

3 (c) DURATION OF PROJECT.—The pilot project under

4 subsection (a) shall be conducted for a three-year period.

5 (d) AUTHORITY TO ENTER INTO CONTRACTS.—The

6 National Intelligence Director may enter into contracts

7 with appropriate agencies or entities to carry out the pilot

8 project under subsection (a).

9 (e) REPORTS.—(1) The National Intelligence Director

10 shall submit to Congress an initial and a final report on

11 the pilot project conducted under subsection (a).

12 (2) Each report required under paragraph (1) shall

13 contain information on the operation of the pilot project,

14 the success of the pilot project in carrying out the objectives

15 of the establishment of a Civilian Linguist Reserve Corps,

16 and recommendations for the continuation or expansion of

17 the pilot project.

18 (3) The final report shall be submitted not later than

19 6 months after the completion of the project.

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated to the National Intelligence

22 Director such sums as are necessary for each of fiscal years

23 2005, 2006, and 2007 in order to carry out the pilot project

24 under subsection (a).
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1 SEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NA2 TIONAL VIRTUAL TRANSLATION CENTER.

3 (a) IN GENERAL.—Title I of the National Security Act

4 of 1947 (50 U.S.C. 402 et seq.), as amended by section

5 1021(a), is further amended by adding at the end the fol6 lowing new section:

7 ‘‘NATIONAL VIRTUAL TRANSLATION CENTER

8 ‘‘SEC. 120. (a) IN GENERAL.—There is an element of

9 the intelligence community known as the National Virtual

10 Translation Center under the direction of the National In11 telligence Director.

12 ‘‘(b) FUNCTION.—The National Virtual Translation

13 Center shall provide for timely and accurate translations

14 of foreign intelligence for all other elements of the intel15 ligence community.

16 ‘‘(c) FACILITATING ACCESS TO TRANSLATIONS.—In

17 order to minimize the need for a central facility for the

18 National Virtual Translation Center, the Center shall—

19 ‘‘(1) use state-of-the-art communications tech20 nology;

21 ‘‘(2) integrate existing translation capabilities in

22 the intelligence community; and

23 ‘‘(3) use remote-connection capacities.

24 ‘‘(d) USE OF SECURE FACILITIES.—Personnel of the

25 National Virtual Translation Center may carry out duties

26 of the Center at any location that—
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1 ‘‘(1) has been certified as a secure facility by an

2 agency or department of the United States; and

3 ‘‘(2) the National Intelligence Director deter4 mines to be appropriate for such purpose.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections for

6 that Act, as amended by section 1021(b), is further amended

7 by inserting after the item relating to section 119 the fol8 lowing new item:

‘‘Sec. 120. National Virtual Translation Center.’’.

9 SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF

10 QUALIFIED INSTRUCTORS OF THE DEFENSE

11 LANGUAGE INSTITUTE.

12 (a) STUDY.—The Secretary of Defense shall conduct a

13 study on methods to improve the recruitment and retention

14 of qualified foreign language instructors at the Foreign

15 Language Center of the Defense Language Institute. In con16 ducting the study, the Secretary shall consider, in the case

17 of a foreign language instructor who is an alien, to expedi18 tiously adjust the status of the alien from a temporary sta19 tus to that of an alien lawfully admitted for permanent res20 idence.

21 (b) REPORT.—(1) Not later than one year after the

22 date of the enactment of this Act, the Secretary of Defense

23 shall submit to the appropriate congressional committees a

24 report on the study conducted under subsection (a), and

25 shall include in that report recommendations for such
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1 changes in legislation and regulation as the Secretary deter2 mines to be appropriate.

3 (2) DEFINITION.—In this subsection, the term ‘‘appro4 priate congressional committees’’ means the following:

5 (A) The Select Committee on Intelligence and the

6 Committee on Armed Services of the Senate.

7 (B) The Permanent Select Committee on Intel8 ligence and the Committee on Armed Services of the

9 House of Representatives.

10 Subtitle F—Additional Improve11 ments of Intelligence Activities

12 SEC. 1061. PERMANENT EXTENSION OF CENTRAL INTEL13 LIGENCE AGENCY VOLUNTARY SEPARATION

14 INCENTIVE PROGRAM.

15 (a) EXTENSION OF PROGRAM.—Section 2 of the Cen16 tral Intelligence Agency Voluntary Separation Pay Act (50

17 U.S.C. 403–4 note) is amended—

18 (1) by striking subsection (f); and

19 (2) by redesignating subsections (g) and (h) as

20 subsections (f) and (g), respectively.

21 (b) TERMINATION OF FUNDS REMITTANCE REQUIRE22 MENT.—(1) Section 2 of such Act (50 U.S.C. 403–4 note)

23 is further amended by striking subsection (i).

24 (2) Section 4(a)(2)(B)(ii) of the Federal Workforce Re25 structuring Act of 1994 (5 U.S.C. 8331 note) is amended
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1 by striking ‘‘, or section 2 of the Central Intelligence Agency

2 Voluntary Separation Pay Act (Public Law 103–36; 107

3 Stat. 104)’’.

4 SEC. 1062. NATIONAL SECURITY AGENCY EMERGING TECH5 NOLOGIES PANEL.

6 The National Security Agency Act of 1959 (50 U.S.C.

7 402 note) is amended by adding at the end the following

8 new section:

9 ‘‘SEC. 19. (a) There is established the National Secu10 rity Agency Emerging Technologies Panel. The panel is a

11 standing panel of the National Security Agency. The panel

12 shall be appointed by, and shall report directly to, the Di13 rector.

14 ‘‘(b) The National Security Agency Emerging Tech15 nologies Panel shall study and assess, and periodically ad16 vise the Director on, the research, development, and applica17 tion of existing and emerging science and technology ad18 vances, advances on encryption, and other topics.

19 ‘‘(c) The Federal Advisory Committee Act (5 U.S.C.

20 App.) shall not apply with respect to the National Security

21 Agency Emerging Technologies Panel.’’.

22 SEC. 1063. SERVICE AND NATIONAL LABORATORIES AND

23 THE INTELLIGENCE COMMUNITY.

24 The National Intelligence Director, in cooperation

25 with the Secretary of Defense and the Secretary of Energy,
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1 should seek to ensure that each service laboratory of the De2 partment of Defense and each national laboratory of the

3 Department of Energy may, acting through the relevant

4 Secretary and in a manner consistent with the missions

5 and commitments of the laboratory—

6 (1) assist the National Intelligence Director in

7 all aspects of technical intelligence, including re8 search, applied sciences, analysis, technology evalua9 tion and assessment, and any other aspect that the

10 relevant Secretary considers appropriate; and

11 (2) make available to the intelligence commu12 nity, on a community-wide basis—

13 (A) the analysis and production services of

14 the service and national laboratories, in a man15 ner that maximizes the capacity and services of

16 such laboratories; and

17 (B) the facilities and human resources of

18 the service and national laboratories, in a man19 ner that improves the technological capabilities

20 of the intelligence community.

21 SEC. 1064. IMPROVEMENT IN TRANSLATION AND DELIVERY

22 OF SUSPECTED TERRORIST COMMUNICA23 TIONS.

24 (a) REQUIREMENT FOR PROMPT TRANSLATION AND

25 TRANSMISSION.—The National Intelligence Director shall
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1 develop and transmit to the appropriate agencies guidelines

2 to ensure that all suspected terrorist communications, in3 cluding transmissions, are translated and delivered in a

4 manner consistent with timelines contained in regulations

5 of the Federal Bureau of Investigations to the extent prac6 ticable.

7 (b) PREVENTION OF DELETION OF TERRORIST COM8 MUNICATIONS.—The National Intelligence Director shall

9 take such steps as are necessary to ensure that terrorist com10 munications are not deleted or discarded before those com11 munications are translated.

12 SEC. 1065. SENSE OF CONGRESS AND REPORT REGARDING

13 OPEN SOURCE INTELLIGENCE.

14 (a) SENSE OF CONGRESS.—It is the sense of Congress

15 that—

16 (1) the National Intelligence Director should es17 tablish an intelligence center for the purpose of co18 ordinating the collection, analysis, production, and

19 dissemination of open source intelligence to elements

20 of the intelligence community;

21 (2) open source intelligence is a valuable source

22 that must be integrated into the intelligence cycle to

23 ensure that United States policymakers are fully and

24 completely informed; and
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1 (3) the intelligence center should ensure that each

2 element of the intelligence community uses open

3 source intelligence consistent with the mission of such

4 element.

5 (b) REPORT.—Not later than June 30, 2005, the Na6 tional Intelligence Director shall submit to the congressional

7 intelligence committees a report containing the decision of

8 the National Intelligence Director as to whether an open

9 source intelligence center will be established. If the National

10 Intelligence Director decides not to establish an open source

11 intelligence center, such report shall also contain a descrip12 tion of how the intelligence community will use open source

13 intelligence and effectively integrate open source intelligence

14 into the national intelligence cycle.

15 Subtitle G—Conforming and Other

16 Amendments

17 SEC. 1071. CONFORMING AMENDMENTS RELATING TO

18 ROLES OF NATIONAL INTELLIGENCE DIREC19 TOR AND DIRECTOR OF THE CENTRAL INTEL20 LIGENCE AGENCY.

21 (a) NATIONAL SECURITY ACT OF 1947.—(1) The Na22 tional Security Act of 1947 (50 U.S.C. 401 et seq.) is

23 amended by striking ‘‘Director of Central Intelligence’’ each

24 place it appears in the following provisions and inserting

25 ‘‘National Intelligence Director’’:
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1 (A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).

2 (B) Section 101(h)(2)(A) (50 U.S.C.

3 402(h)(2)(A)).

4 (C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).

5 (D) Section 101(i)(2)(A) (50 U.S.C.

6 402(i)(2)(A)).

7 (E) Section 101(j) (50 U.S.C. 402(j)).

8 (F) Section 105(a) (50 U.S.C. 403–5(a)).

9 (G) Section 105(b)(6)(A) (50 U.S.C. 403–

10 5(b)(6)(A)).

11 (H) Section 105B(a)(1) (50 U.S.C. 403–

12 5b(a)(1)).

13 (I) Section 105B(b) (50 U.S.C. 403–5b(b)), the

14 first place it appears.

15 (J) Section 110(b) (50 U.S.C. 404e(b)).

16 (K) Section 110(c) (50 U.S.C. 404e(c)).

17 (L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).

18 (M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).

19 (N) Section 113(b)(2)(A) (50 U.S.C.

20 404h(b)(2)(A)).

21 (O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).

22 (P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).

23 (R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).

24 (S) Section 115(b) (50 U.S.C. 404j(b)).
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1 (T) Section 115(c)(1)(B) (50 U.S.C.

2 404j(c)(1)(B)).

3 (U) Section 116(a) (50 U.S.C. 404k(a)).

4 (V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).

5 (W) Section 303(a) (50 U.S.C. 405(a)), both

6 places it appears.

7 (X) Section 501(d) (50 U.S.C. 413(d)).

8 (Y) Section 502(a) (50 U.S.C. 413a(a)).

9 (Z) Section 502(c) (50 U.S.C. 413a(c)).

10 (AA) Section 503(b) (50 U.S.C. 413b(b)).

11 (BB) Section 504(a)(3)(C) (50 U.S.C.

12 414(a)(3)(C)).

13 (CC) Section 504(d)(2) (50 U.S.C. 414(d)(2)).

14 (DD) Section 506A(a)(1) (50 U.S.C. 415a–

15 1(a)(1)).

16 (EE) Section 603(a) (50 U.S.C. 423(a)).

17 (FF) Section 702(a)(1) (50 U.S.C. 432(a)(1)).

18 (GG) Section 702(a)(6)(B)(viii) (50 U.S.C.

19 432(a)(6)(B)(viii)).

20 (HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)),

21 both places it appears.

22 (II) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).

23 (JJ) Section 703(a)(6)(B)(viii) (50 U.S.C.

24 432a(a)(6)(B)(viii)).
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1 (KK) Section 703(b)(1) (50 U.S.C. 432a(b)(1)),

2 both places it appears.

3 (LL) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).

4 (MM) Section 704(f)(2)(H) (50 U.S.C.

5 432b(f)(2)(H)).

6 (NN) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)),

7 both places it appears.

8 (OO) Section 1001(a) (50 U.S.C. 441g(a)).

9 (PP) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).

10 (QQ) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).

11 (RR) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).

12 (SS) Section 1102(d) (50 U.S.C. 442a(d)).

13 (2) That Act is further amended by striking ‘‘of Cen14 tral Intelligence’’ each place it appears in the following pro15 visions:

16 (A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)).

17 (B) Section 105B(a)(2) (50 U.S.C. 403–

18 5b(a)(2)).

19 (C) Section 105B(b) (50 U.S.C. 403–5b(b)), the

20 second place it appears.

21 (3) That Act is further amended by striking ‘‘Director’’

22 each place it appears in the following provisions and insert23 ing ‘‘National Intelligence Director’’:

24 (A) Section 114(c) (50 U.S.C. 404i(c)).

25 (B) Section 116(b) (50 U.S.C. 404k(b)).
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1 (C) Section 1001(b) (50 U.S.C. 441g(b)).

2 (C) Section 1001(c) (50 U.S.C. 441g(c)), the first

3 place it appears.

4 (D) Section 1001(d)(1)(B) (50 U.S.C.

5 441g(d)(1)(B)).

6 (E) Section 1001(e) (50 U.S.C. 441g(e)), the first

7 place it appears.

8 (4) Section 114A of that Act (50 U.S.C. 404i–1) is

9 amended by striking ‘‘Director of Central Intelligence’’ and

10 inserting ‘‘National Intelligence Director, the Director of

11 the Central Intelligence Agency’’

12 (5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2))

13 is amended by striking ‘‘Director of Central Intelligence’’

14 and inserting ‘‘Director of the Central Intelligence Agency’’.

15 (6) Section 701 of that Act (50 U.S.C. 431) is

16 amended—

17 (A) in subsection (a), by striking ‘‘Operational

18 files of the Central Intelligence Agency may be ex19 empted by the Director of Central Intelligence’’ and

20 inserting ‘‘The Director of the Central Intelligence

21 Agency, with the coordination of the National Intel22 ligence Director, may exempt operational files of the

23 Central Intelligence Agency’’; and

24 (B) in subsection (g)(1), by striking ‘‘Director of

25 Central Intelligence’’ and inserting ‘‘Director of the
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1 Central Intelligence Agency and the National Intel2 ligence Director’’.

3 (7) The heading for section 114 of that Act (50 U.S.C.

4 404i) is amended to read as follows:

5 ‘‘ADDITIONAL ANNUAL REPORTS FROM THE NATIONAL

6 INTELLIGENCE DIRECTOR’’.

7 (b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—

8 (1) The Central Intelligence Agency Act of 1949 (50 U.S.C.

9 403a et seq.) is amended by striking ‘‘Director of Central

10 Intelligence’’ each place it appears in the following provi11 sions and inserting ‘‘National Intelligence Director’’:

12 (A) Section 6 (50 U.S.C. 403g).

13 (B) Section 17(f) (50 U.S.C. 403q(f)), both places

14 it appears.

15 (2) That Act is further amended by striking ‘‘of Cen16 tral Intelligence’’ in each of the following provisions:

17 (A) Section 2 (50 U.S.C. 403b).

18 (A) Section 16(c)(1)(B) (50 U.S.C.

19 403p(c)(1)(B)).

20 (B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).

21 (C) Section 20(c) (50 U.S.C. 403t(c)).

22 (3) That Act is further amended by striking ‘‘Director

23 of Central Intelligence’’ each place it appears in the fol24 lowing provisions and inserting ‘‘Director of the Central

25 Intelligence Agency’’:

26 (A) Section 14(b) (50 U.S.C. 403n(b)).
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1 (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).

2 (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both

3 places it appears.

4 (D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).

5 (E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).

6 (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT

7 ACT.—Section 101 of the Central Intelligence Agency Re8 tirement Act (50 U.S.C. 2001) is amended by striking para9 graph (2) and inserting the following new paragraph (2):

10 ‘‘(2) DIRECTOR.—The term ‘Director’ means the

11 Director of the Central Intelligence Agency.’’.

12 (d) CIA VOLUNTARY SEPARATION PAY ACT.—Sub13 section (a)(1) of section 2 of the Central Intelligence Agency

14 Voluntary Separation Pay Act (50 U.S.C. 2001 note) is

15 amended to read as follows:

16 ‘‘(1) the term ‘Director’ means the Director of the

17 Central Intelligence Agency;’’.

18 (e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

19 1978.—(1) The Foreign Intelligence Surveillance Act of

20 1978 (50 U.S.C. 1801 et seq.) is amended by striking ‘‘Di21 rector of Central Intelligence’’ each place it appears and

22 inserting ‘‘National Intelligence Director’’.

23 (f) CLASSIFIED INFORMATION PROCEDURES ACT.—

24 Section 9(a) of the Classified Information Procedures Act

25 (5 U.S.C. App.) is amended by striking ‘‘Director of Central
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1 Intelligence’’ and inserting ‘‘National Intelligence Direc2 tor’’.

3 (g) INTELLIGENCE AUTHORIZATION ACTS.—

4 (1) PUBLIC LAW 103–359.—Section 811(c)(6)(C)

5 of the Counterintelligence and Security Enhancements

6 Act of 1994 (title VIII of Public Law 103–359) is

7 amended by striking ‘‘Director of Central Intel8 ligence’’ and inserting ‘‘National Intelligence Direc9 tor’’.

10 (2) PUBLIC LAW 107–306.—(A) The Intelligence

11 Authorization Act for Fiscal Year 2003 (Public Law

12 107–306) is amended by striking ‘‘Director of Central

13 Intelligence, acting as the head of the intelligence

14 community,’’ each place it appears in the following

15 provisions and inserting ‘‘National Intelligence Direc16 tor’’:

17 (i) Section 313(a) (50 U.S.C. 404n(a)).

18 (ii) Section 343(a)(1) (50 U.S.C. 404n–

19 2(a)(1))

20 (B) That Act is further amended by striking

21 ‘‘Director of Central Intelligence’’ each place it ap22 pears in the following provisions and inserting ‘‘Na23 tional Intelligence Director’’:

24 (i) Section 902(a)(2) (50 U.S.C.

25 402b(a)(2)).
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1 (ii) Section 904(e)(4) (50 U.S.C.

2 402c(e)(4)).

3 (iii) Section 904(e)(5) (50 U.S.C.

4 402c(e)(5)).

5 (iv) Section 904(h) (50 U.S.C. 402c(h)),

6 each place it appears.

7 (v) Section 904(m) (50 U.S.C. 402c(m)).

8 (C) Section 341 of that Act (50 U.S.C. 404n–1)

9 is amended by striking ‘‘Director of Central Intel10 ligence, acting as the head of the intelligence commu11 nity, shall establish in the Central Intelligence Agen12 cy’’ and inserting ‘‘National Intelligence Director

13 shall establish within the Central Intelligence Agen14 cy’’.

15 (D) Section 352(b) of that Act (50 U.S.C. 404–

16 3 note) is amended by striking ‘‘Director’’ and insert17 ing ‘‘National Intelligence Director’’.

18 (3) PUBLIC LAW 108–177.—(A) The Intelligence

19 Authorization Act for Fiscal Year 2004 (Public Law

20 108–177) is amended by striking ‘‘Director of Central

21 Intelligence’’ each place it appears in the following

22 provisions and inserting ‘‘National Intelligence Direc23 tor’’:

24 (i) Section 317(a) (50 U.S.C. 403–3 note).

25 (ii) Section 317(h)(1).
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1 (iii) Section 318(a) (50 U.S.C. 441g note).

2 (iv) Section 319(b) (50 U.S.C. 403 note).

3 (v) Section 341(b) (28 U.S.C. 519 note).

4 (vi) Section 357(a) (50 U.S.C. 403 note).

5 (vii) Section 504(a) (117 Stat. 2634), both

6 places it appears.

7 (B) Section 319(f)(2) of that Act (50 U.S.C. 403

8 note) is amended by striking ‘‘Director’’ the first

9 place it appears and inserting ‘‘National Intelligence

10 Director’’.

11 (C) Section 404 of that Act (18 U.S.C. 4124

12 note) is amended by striking ‘‘Director of Central In13 telligence’’ and inserting ‘‘Director of the Central In14 telligence Agency’’.

15 SEC. 1072. OTHER CONFORMING AMENDMENTS

16 (a) NATIONAL SECURITY ACT OF 1947.—(1) Section

17 101(j) of the National Security Act of 1947 (50 U.S.C.

18 402(j)) is amended by striking ‘‘Deputy Director of Central

19 Intelligence’’ and inserting ‘‘Deputy National Intelligence

20 Director’’.

21 (2) Section 112(d)(1) of that Act (50 U.S.C.

22 404g(d)(1)) is amended by striking ‘‘section 103(c)(6) of

23 this Act’’ and inserting ‘‘section 102A(g) of this Act’’.

24 (3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is

25 amended by striking ‘‘to the Deputy Director of Central In-
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1 telligence, or with respect to employees of the Central Intel2 ligence Agency, the Director may delegate such authority

3 to the Deputy Director for Operations’’ and inserting ‘‘to

4 the Deputy National Intelligence Director, or with respect

5 to employees of the Central Intelligence Agency, to the Di6 rector of the Central Intelligence Agency’’.

7 (4) Section 506A(b)(1) of that Act (50 U.S.C. 415a–

8 1(b)(1)) is amended by striking ‘‘Office of the Deputy Direc9 tor of Central Intelligence’’ and inserting ‘‘Office of the Na10 tional Intelligence Director’’.

11 (5) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3))

12 is amended by striking ‘‘Office of the Director of Central

13 Intelligence’’ and inserting ‘‘Office of the National Intel14 ligence Director’’.

15 (6) Section 1001(b) of that Act (50 U.S.C. 441g(b))

16 is amended by striking ‘‘Assistant Director of Central Intel17 ligence for Administration’’ and inserting ‘‘Office of the Na18 tional Intelligence Director’’.

19 (b) CENTRAL INTELLIGENCE ACT OF 1949.—Section

20 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C.

21 403g) is amended by striking ‘‘section 103(c)(7) of the Na22 tional Security Act of 1947 (50 U.S.C. 403–3(c)(7))’’ and

23 inserting ‘‘section 102A(g) of the National Security Act of

24 1947’’.
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1 (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT

2 ACT.—Section 201(c) of the Central Intelligence Agency Re3 tirement Act (50 U.S.C. 2011(c)) is amended by striking

4 ‘‘paragraph (6) of section 103(c) of the National Security

5 Act of 1947 (50 U.S.C. 403–3(c)) that the Director of Cen6 tral Intelligence’’ and inserting ‘‘section 102A(g) of the Na7 tional Security Act of 1947 (50 U.S.C. 403–3(c)(1)) that

8 the National Intelligence Director’’.

9 (d) INTELLIGENCE AUTHORIZATION ACTS.—

10 (1) PUBLIC LAW 107–306.—(A) Section 343(c) of

11 the Intelligence Authorization Act for Fiscal Year

12 2003 (Public Law 107–306; 50 U.S.C. 404n–2(c)) is

13 amended by striking ‘‘section 103(c)(6) of the Na14 tional Security Act of 1947 (50 U.S.C. 403–3((c)(6))’’

15 and inserting ‘‘section 102A(g) of the National Secu16 rity Act of 1947 (50 U.S.C. 403–3(c)(1))’’.

17 (B) Section 904 of that Act (50 U.S.C. 402c) is

18 amended—

19 (i) in subsection (c), by striking ‘‘Office of

20 the Director of Central Intelligence’’ and insert21 ing ‘‘Office of the National Intelligence Direc22 tor’’; and

23 (ii) in subsection (l), by striking ‘‘Office of

24 the Director of Central Intelligence’’ and insert-
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1 ing ‘‘Office of the National Intelligence Direc2 tor’’.

3 (2) PUBLIC LAW 108–177.—Section 317 of the In4 telligence Authorization Act for Fiscal Year 2004

5 (Public Law 108–177; 50 U.S.C. 403–3 note) is

6 amended—

7 (A) in subsection (g), by striking ‘‘Assistant

8 Director of Central Intelligence for Analysis and

9 Production’’ and inserting ‘‘Deputy National In10 telligence Director’’; and

11 (B) in subsection (h)(2)(C), by striking ‘‘As12 sistant Director’’ and inserting ‘‘Deputy Na13 tional Intelligence Director’’.

14 SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY

15 UNDER NATIONAL SECURITY ACT OF 1947.

16 Paragraph (4) of section 3 of the National Security

17 Act of 1947 (50 U.S.C. 401a) is amended to read as follows:

18 ‘‘(4) The term ‘intelligence community’ includes

19 the following:

20 ‘‘(A) The Office of the National Intelligence

21 Director.

22 ‘‘(B) The Central Intelligence Agency.

23 ‘‘(C) The National Security Agency.

24 ‘‘(D) The Defense Intelligence Agency.
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1 ‘‘(E) The National Geospatial-Intelligence

2 Agency.

3 ‘‘(F) The National Reconnaissance Office.

4 ‘‘(G) Other offices within the Department of

5 Defense for the collection of specialized national

6 intelligence through reconnaissance programs.

7 ‘‘(H) The intelligence elements of the Army,

8 the Navy, the Air Force, the Marine Corps, the

9 Federal Bureau of Investigation, and the De10 partment of Energy.

11 ‘‘(I) The Bureau of Intelligence and Re12 search of the Department of State.

13 ‘‘(J) The Office of Intelligence and Analysis

14 of the Department of the Treasury.

15 ‘‘(K) The elements of the Department of

16 Homeland Security concerned with the analysis

17 of intelligence information, including the Office

18 of Intelligence of the Coast Guard.

19 ‘‘(L) Such other elements of any other de20 partment or agency as may be designated by the

21 President, or designated jointly by the National

22 Intelligence Director and the head of the depart23 ment or agency concerned, as an element of the

24 intelligence community.’’.
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1 SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTEL2 LIGENCE PROGRAM AS NATIONAL INTEL3 LIGENCE PROGRAM.

4 (a) REDESIGNATION.—Paragraph (6) of section 3 of

5 the National Security Act of 1947 (50 U.S.C. 401a) is

6 amended by striking ‘‘Foreign’’.

7 (b) CONFORMING AMENDMENTS.—(1) Section 506(a)

8 of the National Security Act of 1947 (50 U.S.C. 415a(a))

9 is amended by striking ‘‘National Foreign Intelligence Pro10 gram’’ and inserting ‘‘National Intelligence Program’’.

11 (2) Section 17(f) of the Central Intelligence Agency Act

12 of 1949 (50 U.S.C. 403q(f)) is amended by striking ‘‘Na13 tional Foreign Intelligence Program’’ and inserting ‘‘Na14 tional Intelligence Program’’.

15 (c) HEADING AMENDMENT.—The heading of section

16 506 of that Act is amended by striking ‘‘FOREIGN’’.

17 SEC. 1075. REPEAL OF SUPERSEDED AUTHORITIES.

18 (a) APPOINTMENT OF CERTAIN INTELLIGENCE OFFI19 CIALS.—Section 106 of the National Security Act of 1947

20 (50 U.S.C. 403–6) is repealed.

21 (b) COLLECTION TASKING AUTHORITY.—Section 111

22 of the National Security Act of 1947 (50 U.S.C. 404f) is

23 repealed.
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1 SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECU2 RITY ACT OF 1947.

3 The table of contents for the National Security Act of

4 1947 is amended—

5 (1) by striking the items relating to sections 102

6 through 104 and inserting the following new items:

‘‘Sec. 102. National Intelligence Director.

‘‘Sec. 102A. Responsibilities and authorities of National Intelligence Director.

‘‘Sec. 103. Office of the National Intelligence Director.

‘‘Sec. 104. Central Intelligence Agency.

‘‘Sec. 104A. Director of the Central Intelligence Agency.’’; and

7 (2) by striking the item relating to section 114

8 and inserting the following new item:

‘‘Sec. 114. Additional annual reports from the National Intelligence Director.’’;

9 and

10 (3) by striking the item relating to section 506

11 and inserting the following new item:

‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for

counterterrorism, counterproliferation, counternarcotics, and

counterintelligence’’.

12 SEC. 1077. CONFORMING AMENDMENTS RELATING TO PRO13 HIBITING DUAL SERVICE OF THE DIRECTOR

14 OF THE CENTRAL INTELLIGENCE AGENCY.

15 Section 1 of the Central Intelligence Agency Act of

16 1949 (50 U.S.C. 403a) is amended—

17 (1) by redesignating paragraphs (a), (b), and (c)

18 as paragraphs (1), (2), and (3), respectively; and

19 (2) by striking paragraph (2), as so redesig20 nated, and inserting the following new paragraph (2):
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1 ‘‘(2) ‘Director’ means the Director of the Central Intel2 ligence Agency; and’’.

3 SEC. 1078. ACCESS TO INSPECTOR GENERAL PROTECTIONS.

4 Section 17(a)(1) of the Central Intelligence Agency Act

5 of 1949 (50 U.S.C. 403q(a)(1)) is amended by inserting be6 fore the semicolon at the end the following: ‘‘and to pro7 grams and operations of the Office of the National Intel8 ligence Director’’.

9 SEC. 1079. GENERAL REFERENCES.

10 (a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD

11 OF INTELLIGENCE COMMUNITY.—Any reference to the Di12 rector of Central Intelligence or the Director of the Central

13 Intelligence Agency in the Director’s capacity as the head

14 of the intelligence community in any law, regulation, docu15 ment, paper, or other record of the United States shall be

16 deemed to be a reference to the National Intelligence Direc17 tor.

18 (b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD

19 OF CIA.—Any reference to the Director of Central Intel20 ligence or the Director of the Central Intelligence Agency

21 in the Director’s capacity as the head of the Central Intel22 ligence Agency in any law, regulation, document, paper,

23 or other record of the United States shall be deemed to be

24 a reference to the Director of the Central Intelligence Agen25 cy.
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1 (c) COMMUNITY MANAGEMENT STAFF.—Any reference

2 to the Community Management Staff in any law, regula3 tion, document, paper, or other record of the United States

4 shall be deemed to be a reference to the staff of the Office

5 of the National Intelligence Director.

6 SEC. 1080. APPLICATION OF OTHER LAWS.

7 (a) POLITICAL SERVICE OF PERSONNEL.—Section

8 7323(b)(2)(B)(i) of title 5, United States Code, is

9 amended—

10 (1) in subclause (XII), by striking ‘‘or’’ at the

11 end; and

12 (2) by inserting after subclause (XIII) the fol13 lowing new subclause:

14 ‘‘(XIV) the Office of the National Intel15 ligence Director; or’’.

16 (b) DELETION OF INFORMATION ABOUT FOREIGN

17 GIFTS.—Section 7342(f)(4) of title 5, United States Code,

18 is amended—

19 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’;

20 (2) in subparagraph (A), as so designated, by

21 striking ‘‘the Director of Central Intelligence’’ and in22 serting ‘‘the Director of the Central Intelligence Agen23 cy’’; and

24 (3) by adding at the end the following new sub25 paragraph:
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1 ‘‘(B) In transmitting such listings for the Office of the

2 National Intelligence Director, the National Intelligence Di3 rector may delete the information described in subpara4 graphs (A) and (C) of paragraphs (2) and (3) if the Direc5 tor certifies in writing to the Secretary of State that the

6 publication of such information could adversely affect

7 United States intelligence sources.’’.

8 (c) EXEMPTION FROM FINANCIAL DISCLOSURES.—Sec9 tion 105(a)(1) of the Ethics in Government Act (5 U.S.C.

10 App.) is amended by inserting ‘‘the Office of the National

11 Intelligence Director,’’ before ‘‘the Central Intelligence

12 Agency’’.

13 Subtitle H—Transfer, Termination,

14 Transition and Other Provisions

15 SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.

16 (a) TRANSFER.—There shall be transferred to the Of17 fice of the National Intelligence Director the staff of the

18 Community Management Staff as of the date of the enact19 ment of this Act, including all functions and activities dis20 charged by the Community Management Staff as of that

21 date.

22 (b) ADMINISTRATION.—The National Intelligence Di23 rector shall administer the Community Management Staff

24 after the date of the enactment of this Act as a component

25 of the Office of the National Intelligence Director under sec-
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1 tion 103(b) of the National Security Act of 1947, as amend2 ed by section 1011(a).

3 SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRA4 TION CENTER.

5 (a) TRANSFER.—There shall be transferred to the Na6 tional Counterterrorism Center the Terrorist Threat Inte7 gration Center (TTIC), including all functions and activi8 ties discharged by the Terrorist Threat Integration Center

9 as of the date of the enactment of this Act.

10 (b) ADMINISTRATION.—The Director of the National

11 Counterterrorism Center shall administer the Terrorist

12 Threat Integration Center after the date of the enactment

13 of this Act as a component of the Directorate of Intelligence

14 of the National Counterterrorism Center under section

15 119(i) of the National Security Act of 1947, as added by

16 section 1021(a).

17 SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DI18 RECTORS OF CENTRAL INTELLIGENCE.

19 (a) TERMINATION.—The positions within the Central

20 Intelligence Agency referred to in subsection (b) are hereby

21 abolished.

22 (b) COVERED POSITIONS.—The positions within the

23 Central Intelligence Agency referred to in this subsection

24 are as follows:
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1 (1) The Assistant Director of Central Intelligence

2 for Collection.

3 (2) The Assistant Director of Central Intelligence

4 for Analysis and Production.

5 (3) The Assistant Director of Central Intelligence

6 for Administration.

7 SEC. 1094. IMPLEMENTATION PLAN.

8 (a) SUBMISSION OF PLAN.—The President shall trans9 mit to Congress a plan for the implementation of this title

10 and the amendments made by this title. The plan shall ad11 dress, at a minimum, the following:

12 (1) The transfer of personnel, assets, and obliga13 tions to the National Intelligence Director pursuant

14 to this title.

15 (2) Any consolidation, reorganization, or stream16 lining of activities transferred to the National Intel17 ligence Director pursuant to this title.

18 (3) The establishment of offices within the Office

19 of the National Intelligence Director to implement the

20 duties and responsibilities of the National Intelligence

21 Director as described in this title.

22 (4) Specification of any proposed disposition of

23 property, facilities, contracts, records, and other assets

24 and obligations to be transferred to the National In25 telligence Director.
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1 (5) Recommendations for additional legislative

2 or administrative action as the Director considers ap3 propriate.

4 (b) SENSE OF CONGRESS.—It is the sense of Congress

5 that the permanent location for the headquarters for the Of6 fice of the National Intelligence Director, should be at a lo7 cation other than the George Bush Center for Intelligence

8 in Langley, Virginia.

9 SEC. 1095. TRANSITIONAL AUTHORITIES.

10 Upon the request of the National Intelligence Director,

11 the head of any executive agency may, on a reimbursable

12 basis, provide services or detail personnel to the National

13 Intelligence Director.

14 SEC. 1096. EFFECTIVE DATES.

15 (a) IN GENERAL.—Except as otherwise expressly pro16 vided in this Act, this title and the amendments made by

17 this title shall take effect on the date of the enactment of

18 this Act.

19 (b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not later

20 than 60 days after the date of the enactment of this Act,

21 the National Intelligence Director shall first appoint indi22 viduals to positions within the Office of the National Intel23 ligence Director.

24 (B) Subparagraph (A) shall not apply with respect to

25 the Deputy National Intelligence Director.
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1 (2) Not later than 180 days after the date of the enact2 ment of this Act, the President shall transmit to Congress

3 the implementation plan required under section 1904.

4 (3) Not later than one year after the date of the enact5 ment of this Act, the National Intelligence Director shall

6 prescribe regulations, policies, procedures, standards, and

7 guidelines required under section 102A of the National Se8 curity Act of 1947, as amended by section 1011(a).

9 Subtitle I—Other Matters

10 SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL

11 MILITARY EDUCATION SCHOOL SELECTION

12 RATES FOR MILITARY INTELLIGENCE OFFI13 CERS.

14 (a) STUDY.—The Secretary of Defense shall conduct a

15 study of the promotion selection rates, and the selection

16 rates for attendance at professional military education

17 schools, of intelligence officers of the Armed Forces, particu18 larly in comparison to the rates for other officers of the same

19 Armed Force who are in the same grade and competitive

20 category.

21 (b) REPORT.—The Secretary shall submit to the Com22 mittees on Armed Services of the Senate and House of Rep23 resentatives a report providing the Secretary’s findings re24 sulting from the study under subsection (a) and the Sec25 retary’s recommendations (if any) for such changes in law
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1 as the Secretary considers needed to ensure that intelligence

2 officers, as a group, are selected for promotion, and for at3 tendance at professional military education schools, at rates

4 not less than the rates for all line (or the equivalent) officers

5 of the same Armed Force (both in the zone and below the

6 zone) in the same grade. The report shall be submitted not

7 later than April 1, 2005.

8 TITLE II—TERRORISM PREVEN9 TION AND PROSECUTION

10 Subtitle A—Individual Terrorists as

11 Agents of Foreign Powers

12 SEC. 2001. INDIVIDUAL TERRORISTS AS AGENTS OF FOR13 EIGN POWERS.

14 (a) IN GENERAL.—Section 101(b)(1) of the Foreign

15 Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1))

16 is amended by adding at the end the following new subpara17 graph:

18 ‘‘(C) engages in international terrorism or

19 activities in preparation therefor; or’’.

20 (b) SUNSET.—The amendment made by subsection (a)

21 shall be subject to the sunset provision in section 224 of

22 Public Law 107–56 (115 Stat. 295), including the exception

23 provided in subsection (b) of such section 224.
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1 Subtitle B—Stop Terrorist and

2 Military Hoaxes Act of 2004

3 SEC. 2021. SHORT TITLE.

4 This subtitle may be cited as the ‘‘Stop Terrorist and

5 Military Hoaxes Act of 2004’’.

6 SEC. 2022. HOAXES AND RECOVERY COSTS.

7 (a) PROHIBITION ON HOAXES.—Chapter 47 of title 18,

8 United States Code, is amended by inserting after section

9 1037 the following:

10 ‘‘§ 1038. False information and hoaxes

11 ‘‘(a) CRIMINAL VIOLATION.—

12 ‘‘(1) IN GENERAL.—Whoever engages in any con13 duct with intent to convey false or misleading infor14 mation under circumstances where such information

15 may reasonably be believed and where such informa16 tion indicates that an activity has taken, is taking,

17 or will take place that would constitute a violation of

18 chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this

19 title, section 236 of the Atomic Energy Act of 1954

20 (42 U.S.C. 2284), or section 46502, the second sen21 tence of section 46504, section 46505 (b)(3) or (c), sec22 tion 46506 if homicide or attempted homicide is in23 volved, or section 60123(b) of title 49 shall—

24 ‘‘(A) be fined under this title or imprisoned

25 not more than 5 years, or both;
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1 ‘‘(B) if serious bodily injury results, be

2 fined under this title or imprisoned not more

3 than 25 years, or both; and

4 ‘‘(C) if death results, be fined under this

5 title or imprisoned for any number of years up

6 to life, or both.

7 ‘‘(2) ARMED FORCES.—Whoever, without lawful

8 authority, makes a false statement, with intent to

9 convey false or misleading information, about the

10 death, injury, capture, or disappearance of a member

11 of the Armed Forces of the United States during a

12 war or armed conflict in which the United States is

13 engaged, shall—

14 ‘‘(A) be fined under this title or imprisoned

15 not more than 5 years, or both;

16 ‘‘(B) if serious bodily injury results, be

17 fined under this title or imprisoned not more

18 than 25 years, or both; and

19 ‘‘(C) if death results, be fined under this

20 title or imprisoned for any number of years up

21 to life, or both.

22 ‘‘(b) CIVIL ACTION.—Whoever knowingly engages in

23 any conduct with intent to convey false or misleading infor24 mation under circumstances where such information may

25 reasonably be believed and where such information indi-
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1 cates that an activity has taken, is taking, or will take place

2 that would constitute a violation of chapter 2, 10, 11B, 39,

3 40, 44, 111, or 113B of this title, section 236 of the Atomic

4 Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the

5 second sentence of section 46504, section 46505 (b)(3) or

6 (c), section 46506 if homicide or attempted homicide is in7 volved, or section 60123(b) of title 49 is liable in a civil

8 action to any party incurring expenses incident to any

9 emergency or investigative response to that conduct, for

10 those expenses.

11 ‘‘(c) REIMBURSEMENT.—

12 ‘‘(1) IN GENERAL.—The court, in imposing a

13 sentence on a defendant who has been convicted of an

14 offense under subsection (a), shall order the defendant

15 to reimburse any state or local government, or private

16 not-for-profit organization that provides fire or rescue

17 service incurring expenses incident to any emergency

18 or investigative response to that conduct, for those ex19 penses.

20 ‘‘(2) LIABILITY.—A person ordered to make re21 imbursement under this subsection shall be jointly

22 and severally liable for such expenses with each other

23 person, if any, who is ordered to make reimbursement

24 under this subsection for the same expenses.
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1 ‘‘(3) CIVIL JUDGMENT.—An order of reimburse2 ment under this subsection shall, for the purposes of

3 enforcement, be treated as a civil judgment.

4 ‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec5 tion does not prohibit any lawfully authorized investigative,

6 protective, or intelligence activity of a law enforcement

7 agency of the United States, a State, or political subdivi8 sion of a State, or of an intelligence agency of the United

9 States.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections as

11 the beginning of chapter 47 of title 18, United States Code,

12 is amended by adding after the item for section 1037 the

13 following:

‘‘1038. False information and hoaxes.’’.

14 SEC. 2023. OBSTRUCTION OF JUSTICE AND FALSE STATE15 MENTS IN TERRORISM CASES.

16 (a) ENHANCED PENALTY.—Section 1001(a) and the

17 third undesignated paragraph of section 1505 of title 18,

18 United States Code, are amended by striking ‘‘be fined

19 under this title or imprisoned not more than 5 years, or

20 both’’ and inserting ‘‘be fined under this title, imprisoned

21 not more than 5 years or, if the matter relates to inter22 national or domestic terrorism (as defined in section 2331),

23 imprisoned not more than 10 years, or both’’.

24 (b) SENTENCING GUIDELINES.—Not later than 30

25 days of the enactment of this section, the United States Sen-
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1 tencing Commission shall amend the Sentencing Guidelines

2 to provide for an increased offense level for an offense under

3 sections 1001(a) and 1505 of title 18, United States Code,

4 if the offense involves a matter relating to international or

5 domestic terrorism, as defined in section 2331 of such title.

6 SEC. 2024. CLARIFICATION OF DEFINITION.

7 Section 1958 of title 18, United States Code, is

8 amended—

9 (1) in subsection (a), by striking ‘‘facility in’’

10 and inserting ‘‘facility of’’; and

11 (2) in subsection (b)(2), by inserting ‘‘or foreign’’

12 after ‘‘interstate’’.

13 Subtitle C—Material Support to

14 Terrorism Prohibition Enhance15 ment Act of 2004

16 SEC. 2041. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Material Support

18 to Terrorism Prohibition Enhancement Act of 2004’’.

19 SEC. 2042. RECEIVING MILITARY-TYPE TRAINING FROM A

20 FOREIGN TERRORIST ORGANIZATION.

21 Chapter 113B of title 18, United States Code, is

22 amended by adding after section 2339C the following new

23 section:
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1 ‘‘§ 2339D. Receiving military-type training from a for2 eign terrorist organization

3 ‘‘(a) OFFENSE.—Whoever knowingly receives military4 type training from or on behalf of any organization des5 ignated at the time of the training by the Secretary of State

6 under section 219(a)(1) of the Immigration and Nation7 ality Act as a foreign terrorist organization shall be fined

8 under this title or imprisoned for ten years, or both. To

9 violate this subsection, a person must have knowledge that

10 the organization is a designated terrorist organization (as

11 defined in subsection (c)(4)), that the organization has en12 gaged or engages in terrorist activity (as defined in section

13 212 of the Immigration and Nationality Act), or that the

14 organization has engaged or engages in terrorism (as de15 fined in section 140(d)(2) of the Foreign Relations Author16 ization Act, Fiscal Years 1988 and 1989).

17 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is

18 extraterritorial Federal jurisdiction over an offense under

19 this section. There is jurisdiction over an offense under sub20 section (a) if—

21 ‘‘(1) an offender is a national of the United

22 States (as defined in 101(a)(22) of the Immigration

23 and Nationality Act) or an alien lawfully admitted

24 for permanent residence in the United States (as de25 fined in section 101(a)(20) of the Immigration and

26 Nationality Act);
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1 ‘‘(2) an offender is a stateless person whose ha2 bitual residence is in the United States;

3 ‘‘(3) after the conduct required for the offense oc4 curs an offender is brought into or found in the

5 United States, even if the conduct required for the of6 fense occurs outside the United States;

7 ‘‘(4) the offense occurs in whole or in part within

8 the United States;

9 ‘‘(5) the offense occurs in or affects interstate or

10 foreign commerce;

11 ‘‘(6) an offender aids or abets any person over

12 whom jurisdiction exists under this paragraph in

13 committing an offense under subsection (a) or con14 spires with any person over whom jurisdiction exists

15 under this paragraph to commit an offense under sub16 section (a).

17 ‘‘(c) DEFINITIONS.—As used in this section—

18 ‘‘(1) the term ‘military-type training’ includes

19 training in means or methods that can cause death

20 or serious bodily injury, destroy or damage property,

21 or disrupt services to critical infrastructure, or train22 ing on the use, storage, production, or assembly of

23 any explosive, firearm or other weapon, including

24 any weapon of mass destruction (as defined in section

25 2232a(c)(2));
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1 ‘‘(2) the term ‘serious bodily injury’ has the

2 meaning given that term in section 1365(h)(3);

3 ‘‘(3) the term ‘critical infrastructure’ means sys4 tems and assets vital to national defense, national se5 curity, economic security, public health or safety in6 cluding both regional and national infrastructure.

7 Critical infrastructure may be publicly or privately

8 owned; examples of critical infrastructure include gas

9 and oil production, storage, or delivery systems, water

10 supply systems, telecommunications networks, elec11 trical power generation or delivery systems, financing

12 and banking systems, emergency services (including

13 medical, police, fire, and rescue services), and trans14 portation systems and services (including highways,

15 mass transit, airlines, and airports); and

16 ‘‘(4) the term ‘foreign terrorist organization’

17 means an organization designated as a terrorist orga18 nization under section 219(a)(1) of the Immigration

19 and Nationality Act.’’.

20 SEC. 2043. PROVIDING MATERIAL SUPPORT TO TERRORISM.

21 (a) ADDITIONS TO OFFENSE OF PROVIDING MATERIAL

22 SUPPORT TO TERRORISTS.—Section 2339A(a) of title 18,

23 United States Code, is amended—

24 (1) by designating the first sentence as para25 graph (1);
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1 (2) by designating the second sentence as para2 graph (3);

3 (3) by inserting after paragraph (1) as so des4 ignated by this subsection the following:

5 ‘‘(2) (A) Whoever in a circumstance described in

6 subparagraph (B) provides material support or re7 sources or conceals or disguises the nature, location,

8 source, or ownership of material support or resources,

9 knowing or intending that they are to be used in

10 preparation for, or in carrying out, an act of inter11 national or domestic terrorism (as defined in section

12 2331), or in preparation for, or in carrying out, the

13 concealment or escape from the commission of any

14 such act, or attempts or conspires to do so, shall be

15 punished as provided under paragraph (1) for an of16 fense under that paragraph.

17 ‘‘(B) The circumstances referred to in subpara18 graph (A) are any of the following:

19 ‘‘(i) The offense occurs in or affects inter20 state or foreign commerce.

21 ‘‘(ii) The act of terrorism is an act of inter22 national or domestic terrorism that violates the

23 criminal law of the United States.

24 ‘‘(iii) The act of terrorism is an act of do25 mestic terrorism that appears to be intended to
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1 influence the policy, or affect the conduct, of the

2 Government of the United States or a foreign

3 government.

4 ‘‘(iv) An offender, acting within the United

5 States or outside the territorial jurisdiction of

6 the United States, is a national of the United

7 States (as defined in section 101(a)(22) of the

8 Immigration and Nationality Act, an alien law9 fully admitted for permanent residence in the

10 United States (as defined in section 101(a)(20)

11 of the Immigration and Nationality Act , or a

12 stateless person whose habitual residence is in

13 the United States, and the act of terrorism is an

14 act of international terrorism that appears to be

15 intended to influence the policy, or affect the con16 duct, of the Government of the United States or

17 a foreign government.

18 ‘‘(v) An offender, acting within the United

19 States, is an alien, and the act of terrorism is

20 an act of international terrorism that appears to

21 be intended to influence the policy, or affect the

22 conduct, of the Government of the United States

23 or a foreign government.

24 ‘‘(vi) An offender, acting outside the terri25 torial jurisdiction of the United States, is an
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1 alien and the act of terrorism is an act of inter2 national terrorism that appears to be intended to

3 influence the policy of, or affect the conduct of,

4 the Government of the United States.

5 ‘‘(vii) An offender aids or abets any person

6 over whom jurisdiction exists under this para7 graph in committing an offense under this para8 graph or conspires with any person over whom

9 jurisdiction exists under this paragraph to com10 mit an offense under this paragraph.’’; and

11 (4) by inserting ‘‘act or’’ after ‘‘underlying’’.

12 (b) DEFINITIONS.—Section 2339A(b) of title 18,

13 United States Code, is amended—

14 (1) by striking ‘‘In this’’ and inserting ‘‘(1) In

15 this’’;

16 (2) by inserting ‘‘any property, tangible or in17 tangible, or service, including’’ after ‘‘means’’;

18 (3) by inserting ‘‘(one or more individuals who

19 may be or include oneself)’’ after ‘‘personnel’’;

20 (4) by inserting ‘‘and’’ before ‘‘transportation’’;

21 (5) by striking ‘‘and other physical assets’’; and

22 (6) by adding at the end the following:

23 ‘‘(2) As used in this subsection, the term ‘training’

24 means instruction or teaching designed to impart a specific

25 skill, as opposed to general knowledge, and the term ‘expert
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1 advice or assistance’ means advice or assistance derived

2 from scientific, technical or other specialized knowledge.’’.

3 (c) ADDITION TO OFFENSE OF PROVIDING MATERIAL

4 SUPPORT TO TERRORIST ORGANIZATIONS.—Section

5 2339B(a)(1) of title 18, United States Code, is amended—

6 (1) by striking ‘‘, within the United States or

7 subject to the jurisdiction of the United States,’’ and

8 inserting ‘‘in a circumstance described in paragraph

9 (2)’’ ; and

10 (2) by adding at the end the following: ‘‘To vio11 late this paragraph, a person must have knowledge

12 that the organization is a designated terrorist organi13 zation (as defined in subsection (g)(6)), that the orga14 nization has engaged or engages in terrorist activity

15 (as defined in section 212(a)(3)(B) of the Immigra16 tion and Nationality Act, or that the organization

17 has engaged or engages in terrorism (as defined in

18 section 140(d)(2) of the Foreign Relations Authoriza19 tion Act, Fiscal Years 1988 and 1989.’’.

20 (d) FEDERAL AUTHORITY.—Section 2339B(d) of title

21 18 is amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘There’’; and

23 (2) by adding at the end the following:

24 ‘‘(2) The circumstances referred to in paragraph (1)

25 are any of the following:
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1 ‘‘(A) An offender is a national of the United

2 States (as defined in section 101(a)(22) of the Immi3 gration and Nationality Act (8 U.S.C. 1101(a)(22))

4 or an alien lawfully admitted for permanent resi5 dence in the United States (as defined in section

6 101(a)(20) of the Immigration and Nationality Act.

7 ‘‘(B) An offender is a stateless person whose ha8 bitual residence is in the United States.

9 ‘‘(C) After the conduct required for the offense oc10 curs an offender is brought into or found in the

11 United States, even if the conduct required for the of12 fense occurs outside the United States.

13 ‘‘(D) The offense occurs in whole or in part with14 in the United States.

15 ‘‘(E) The offense occurs in or affects interstate or

16 foreign commerce.

17 ‘‘(F) An offender aids or abets any person over

18 whom jurisdiction exists under this paragraph in

19 committing an offense under subsection (a) or con20 spires with any person over whom jurisdiction exists

21 under this paragraph to commit an offense under sub22 section (a).’’.

23 (e) DEFINITION.—Paragraph (4) of section 2339B(g)

24 of title 18, United States Code, is amended to read as fol25 lows:
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1 ‘‘(4) the term ‘material support or resources’ has

2 the same meaning given that term in section 2339A;’’.

3 (f) ADDITIONAL PROVISIONS.—Section 2339B of title

4 18, United States Code, is amended by adding at the end

5 the following:

6 ‘‘(h) PROVISION OF PERSONNEL.—No person may be

7 prosecuted under this section in connection with the term

8 ‘personnel’ unless that person has knowingly provided, at9 tempted to provide, or conspired to provide a foreign ter10 rorist organization with one or more individuals (who may

11 be or include himself) to work under that terrorist organiza12 tion’s direction or control or to organize, manage, supervise,

13 or otherwise direct the operation of that organization. Indi14 viduals who act entirely independently of the foreign ter15 rorist organization to advance its goals or objectives shall

16 not be considered to be working under the foreign terrorist

17 organization’s direction and control.

18 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed or applied so as to abridge the exer20 cise of rights guaranteed under the First Amendment to the

21 Constitution of the United States.’’.

22 SEC. 2044. FINANCING OF TERRORISM.

23 (a) FINANCING TERRORISM.—Section 2339c(c)(2) of

24 title 18, United States Code, is amended—
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1 (1) by striking ‘‘, resources, or funds’’ and in2 serting ‘‘or resources, or any funds or proceeds of such

3 funds’’;

4 (2) in subparagraph (A), by striking ‘‘were pro5 vided’’ and inserting ‘‘are to be provided, or knowing

6 that the support or resources were provided,’’; and

7 (3) in subparagraph (B)—

8 (A) by striking ‘‘or any proceeds of such

9 funds’’; and

10 (B) by striking ‘‘were provided or collected’’

11 and inserting ‘‘are to be provided or collected, or

12 knowing that the funds were provided or col13 lected,’’.

14 (b) DEFINITIONS.—Section 2339c(e) of title 18, United

15 States Code, is amended—

16 (1) by striking ‘‘and’’ at the end of paragraph

17 (12);

18 (2) by redesignating paragraph (13) as para19 graph (14); and

20 (3) by inserting after paragraph (12) the fol21 lowing:

22 ‘‘(13) the term ‘material support or resources’

23 has the same meaning given that term in section

24 2339B(g)(4) of this title; and’’.
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1 Subtitle D—Weapons of Mass De2 struction Prohibition Improve3 ment Act of 2004

4 SEC. 2051. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Weapons of Mass

6 Destruction Prohibition Improvement Act of 2004’’.

7 SEC. 2052. WEAPONS OF MASS DESTRUCTION.

8 (a) EXPANSION OF JURISDICTIONAL BASES AND

9 SCOPE.—Section 2332a of title 18, United States Code, is

10 amended—

11 (1) so that paragraph (2) of subsection (a) reads

12 as follows:

13 ‘‘(2) against any person or property within the

14 United States, and

15 ‘‘(A) the mail or any facility of interstate

16 or foreign commerce is used in furtherance of the

17 offense;

18 ‘‘(B) such property is used in interstate or

19 foreign commerce or in an activity that affects

20 interstate or foreign commerce;

21 ‘‘(C) any perpetrator travels in or causes

22 another to travel in interstate or foreign com23 merce in furtherance of the offense; or

24 ‘‘(D) the offense, or the results of the offense,

25 affect interstate or foreign commerce, or, in the
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1 case of a threat, attempt, or conspiracy, would

2 have affected interstate or foreign commerce;’’;

3 (2) in paragraph (3) of subsection (a), by strik4 ing the comma at the end and inserting ‘‘; or’’;

5 (3) in subsection (a), by adding the following at

6 the end:

7 ‘‘(4) against any property within the United

8 States that is owned, leased, or used by a foreign gov9 ernment,’’;

10 (4) at the end of subsection (c)(1), by striking

11 ‘‘and’’;

12 (5) in subsection (c)(2), by striking the period at

13 the end and inserting ‘‘; and’’; and

14 (6) in subsection (c), by adding at the end the

15 following:

16 ‘‘(3) the term ‘property’ includes all real and

17 personal property.’’.

18 (b) RESTORATION OF THE COVERAGE OF CHEMICAL

19 WEAPONS.—Section 2332a of title 18, United States Code,

20 as amended by subsection (a), is further amended—

21 (1) in the section heading, by striking ‘‘certain’’;

22 (2) in subsection (a), by striking ‘‘(other than a

23 chemical weapon as that term is defined in section

24 229F)’’; and
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1 (3) in subsection (b), by striking ‘‘(other than a

2 chemical weapon (as that term is defined in section

3 229F))’’.

4 (c) EXPANSION OF CATEGORIES OF RESTRICTED PER5 SONS SUBJECT TO PROHIBITIONS RELATING TO SELECT

6 AGENTS.—Section 175b(d)(2) of title 18, United States

7 Code, is amended—

8 (1) in subparagraph (G) by—

9 (A) inserting ‘‘(i)’’ after ‘‘(G)’’;

10 (B) inserting ‘‘, or (ii) acts for or on behalf

11 of, or operates subject to the direction or control

12 of, a government or official of a country de13 scribed in this subparagraph’’ after ‘‘terrorism’’;

14 and

15 (C) striking ‘‘or’’ after the semicolon.

16 (2) in subparagraph (H) by striking the period

17 and inserting ‘‘; or’’; and

18 (3) by adding at the end the following new sub19 paragraph:

20 ‘‘(I) is a member of, acts for or on behalf of,

21 or operates subject to the direction or control of,

22 a terrorist organization as defined in section

23 212(a)(3)(B)(vi) of the Immigration and Nation24 ality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’.

25 (d) CONFORMING AMENDMENT TO REGULATIONS.—
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1 (1) Section 175b(a)(1) of title 18, United States

2 Code, is amended by striking ‘‘as a select agent in

3 Appendix A’’ and all that follows and inserting the

4 following: ‘‘as a non-overlap or overlap select biologi5 cal agent or toxin in sections 73.4 and 73.5 of title

6 42, Code of Federal Regulations, pursuant to section

7 351A of the Public Health Service Act, and is not ex8 cluded under sections 73.4 and 73.5 or exempted

9 under section 73.6 of title 42, Code of Federal Regula10 tions.’’.

11 (2) The amendment made by paragraph (1) shall

12 take effect at the same time that sections 73.4, 73.5,

13 and 73.6 of title 42, Code of Federal Regulations, be14 come effective.

15 (e) ENHANCING PROSECUTION OF WEAPONS OF MASS

16 DESTRUCTION OFFENSES.—Section 1961(1)(B) of title 18,

17 United States Code, is amended by adding at the end the

18 following: ‘‘sections 175–178 (relating to biological weap19 ons), sections 229–229F (relating to chemical weapons), sec20 tion 831 (relating to nuclear materials),’’.

21 SEC. 2053. PARTICIPATION IN NUCLEAR AND WEAPONS OF

22 MASS DESTRUCTION THREATS TO THE

23 UNITED STATES.

24 (a) Section 57(b) of the Atomic Energy Act of 1954

25 (42 U.S.C. 2077(b)) is amended by striking ‘‘in the produc-
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1 tion of any special nuclear material’’ and inserting ‘‘or

2 participate in the development or production of any special

3 nuclear material or atomic weapon’’.

4 (b) Title 18, United States Code, is amended—

5 (1) in the table of sections at the beginning of

6 chapter 39, by inserting after the item relating to sec7 tion 831 the following:

‘‘832. Participation in nuclear and weapons of mass destruction threats to the

United States.’’;

8 (2) by inserting after section 831 the following:

9 ‘‘§ 832. Participation in nuclear and weapons of mass

10 destruction threats to the United States

11 ‘‘(a) Whoever, within the United States or subject to

12 the jurisdiction of the United States, willfully participates

13 in or provides material support or resources (as defined in

14 section 2339A) to a nuclear weapons program or other

15 weapons of mass destruction program of a foreign terrorist

16 power, or attempts or conspires to do so, shall be imprisoned

17 for not more than 20 years.

18 ‘‘(b) There is extraterritorial Federal jurisdiction over

19 an offense under this section.

20 ‘‘(c) Whoever without lawful authority develops, pos21 sesses, or attempts or conspires to develop or possess a radio22 logical weapon, or threatens to use or uses a radiological

23 weapon against any person within the United States, or

24 a national of the United States while such national is out-
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1 side the United States or against any property that is

2 owned, leased, funded or used by the United States, whether

3 that property is within or outside the United States, shall

4 be imprisoned for any term of years or for life, and if death

5 results, shall be punished by death or imprisoned for any

6 term of years or for life.

7 ‘‘(d) As used in this section—

8 ‘‘(1) ‘nuclear weapons program’ means a pro9 gram or plan for the development, acquisition, or pro10 duction of any nuclear weapon or weapons;

11 ‘‘(2) ‘weapons of mass destruction program’

12 means a program or plan for the development, acqui13 sition, or production of any weapon or weapons of

14 mass destruction (as defined in section 2332a(c));

15 ‘‘(3) ‘foreign terrorist power’ means a terrorist

16 organization designated under section 219 of the Im17 migration and Nationality Act, or a state sponsor of

18 terrorism designated under section 6(j) of the Export

19 Administration Act of 1979 or section 620A of the

20 Foreign Assistance Act of 1961; and

21 ‘‘(4) ‘nuclear weapon’ means any weapon that

22 contains or uses nuclear material as defined in sec23 tion 831(f)(1).’’; and

24 (3) in section 2332b(g)(5)(B)(i), by inserting

25 after ‘‘nuclear materials),’’ the following: ‘‘832 (relat-
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1 ing to participation in nuclear and weapons of mass

2 destruction threats to the United States)’’.

3 Subtitle E—Money Laundering and

4 Terrorist Financing

5 CHAPTER 1—FUNDING TO COMBAT FINAN6 CIAL CRIMES INCLUDING TERRORIST

7 FINANCING

8 SEC. 2101. ADDITIONAL AUTHORIZATION FOR FINCEN.

9 Subsection (d) of section 310 of title 31, United States

10 Code, is amended—

11 (1) by striking ‘‘APPROPRIATIONS.—There are

12 authorized’’ and inserting ‘‘APPROPRIATIONS.—

13 ‘‘(1) IN GENERAL.—There are authorized’’; and

14 (2) by adding at the end the following new para15 graph:

16 ‘‘(2) AUTHORIZATION FOR FUNDING KEY TECH17 NOLOGICAL IMPROVEMENTS IN MISSION-CRITICAL

18 FINCEN SYSTEMS.—There are authorized to be appro19 priated for fiscal year 2005 the following amounts,

20 which are authorized to remain available until ex21 pended:

22 ‘‘(A) BSA DIRECT.—For technological im23 provements to provide authorized law enforce24 ment and financial regulatory agencies with

25 Web-based access to FinCEN data, to fully de-
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1 velop and implement the highly secure network

2 required under section 362 of Public Law 107–

3 56 to expedite the filing of, and reduce the filing

4 costs for, financial institution reports, including

5 suspicious activity reports, collected by FinCEN

6 under chapter 53 and related provisions of law,

7 and enable FinCEN to immediately alert finan8 cial institutions about suspicious activities that

9 warrant immediate and enhanced scrutiny, and

10 to provide and upgrade advanced information11 sharing technologies to materially improve the

12 Government’s ability to exploit the information

13 in the FinCEN databanks, $16,500,000.

14 ‘‘(B) ADVANCED ANALYTICAL TECH15 NOLOGIES.—To provide advanced analytical

16 tools needed to ensure that the data collected by

17 FinCEN under chapter 53 and related provi18 sions of law are utilized fully and appropriately

19 in safeguarding financial institutions and sup20 porting the war on terrorism, $5,000,000.

21 ‘‘(C) DATA NETWORKING MODERNIZA22 TION.—To improve the telecommunications in23 frastructure to support the improved capabilities

24 of the FinCEN systems, $3,000,000.
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1 ‘‘(D) ENHANCED COMPLIANCE CAPA2 BILITY.—To improve the effectiveness of the Of3 fice of Compliance in FinCEN, $3,000,000.

4 ‘‘(E) DETECTION AND PREVENTION OF FI5 NANCIAL CRIMES AND TERRORISM.—To provide

6 development of, and training in the use of, tech7 nology to detect and prevent financial crimes

8 and terrorism within and without the United

9 States, $8,000,000.’’.

10 SEC. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES

11 STRATEGY REAUTHORIZATION.

12 (a) PROGRAM.—Section 5341(a)(2) of title 31, United

13 States Code, is amended by striking ‘‘and 2003,’’ and in14 serting ‘‘2003, and 2005,’’.

15 (b) REAUTHORIZATION OF APPROPRIATIONS.—Section

16 5355 of title 31, United States Code, is amended by adding

17 at the end the following:

‘‘2004 ................................................. $15,000,000.

‘‘2005 ................................................. $15,000,000.’’.
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1 CHAPTER 2—ENFORCEMENT TOOLS TO

2 COMBAT FINANCIAL CRIMES INCLUD3 ING TERRORIST FINANCING

4 Subchapter A—Money laundering abatement

5 and financial antiterrorism technical cor6 rections

7 SEC. 2111. SHORT TITLE.

8 This subchapter may be cited as the ‘‘Money Laun9 dering Abatement and Financial Antiterrorism Technical

10 Corrections Act of 2004’’.

11 SEC. 2112. TECHNICAL CORRECTIONS TO PUBLIC LAW 107–

12 56.

13 (a) The heading of title III of Public Law 107–56 is

14 amended to read as follows:

15 ‘‘TITLE III—INTERNATIONAL

16 MONEY LAUNDERING ABATE17 MENT AND FINANCIAL

18 ANTITERRORISM ACT OF

19 2001’’.

20 (b) The table of contents of Public Law 107–56 is

21 amended by striking the item relating to title III and in22 serting the following new item:

‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND

FINANCIAL ANTITERRORISM ACT OF 2001’’.

23 (c) Section 302 of Public Law 107–56 is amended—
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1 (1) in subsection (a)(4), by striking the comma

2 after ‘‘movement of criminal funds’’;

3 (2) in subsection (b)(7), by inserting ‘‘or types of

4 accounts’’ after ‘‘classes of international trans5 actions’’; and

6 (3) in subsection (b)(10), by striking ‘‘sub7 chapters II and III’’ and inserting ‘‘subchapter II’’.

8 (d) Section 303(a) of Public Law 107–56 is amended

9 by striking ‘‘Anti-Terrorist Financing Act’’ and inserting

10 ‘‘Financial Antiterrorism Act’’.

11 (e) The heading for section 311 of Public Law 107–

12 56 is amended by striking ‘‘OR INTERNATIONAL TRANS13 ACTIONS’’ and inserting ‘‘INTERNATIONAL TRANS14 ACTIONS, OR TYPES OF ACCOUNTS’’.

15 (f) Section 314 of Public Law 107–56 is amended—

16 (1) in paragraph (1)—

17 (A) by inserting a comma after ‘‘organiza18 tions engaged in’’; and

19 (B) by inserting a comma after ‘‘credible

20 evidence of engaging in’’;

21 (2) in paragraph (2)(A)—

22 (A) by striking ‘‘and’’ after ‘‘nongovern23 mental organizations,’’; and

24 (B) by inserting a comma after ‘‘unwit25 tingly involved in such finances’’;
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1 (3) in paragraph (3)(A)—

2 (A) by striking ‘‘to monitor accounts of’’

3 and inserting ‘‘monitor accounts of,’’; and

4 (B) by striking the comma after ‘‘organiza5 tions identified’’; and

6 (4) in paragraph (3)(B), by inserting ‘‘finan7 cial’’ after ‘‘size, and nature of the’’.

8 (g) Section 321 of Public Law 107–56 is amended by

9 striking ‘‘5312(2)’’ and inserting ‘‘5312(a)(2)’’.

10 (h) Section 325 of Public Law 107–56 is amended by

11 striking ‘‘as amended by section 202 of this title,’’ and in12 serting ‘‘as amended by section 352,’’.

13 (i) Subsections (a)(2) and (b)(2) of section 327 of Pub14 lic Law 107–56 are each amended by inserting a period

15 after ‘‘December 31, 2001’’ and striking all that follows

16 through the period at the end of each such subsection.

17 (j) Section 356(c)(4) of Public Law 107–56 is amended

18 by striking ‘‘or business or other grantor trust’’ and insert19 ing ‘‘, business trust, or other grantor trust’’.

20 (k) Section 358(e) of Public Law 107–56 is amended—

21 (1) by striking ‘‘Section 123(a)’’ and inserting

22 ‘‘That portion of section 123(a)’’;

23 (2) by striking ‘‘is amended to read’’ and insert24 ing ‘‘that precedes paragraph (1) of such section is

25 amended to read’’; and
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1 (3) by striking ‘‘.’.’’ at the end of such section

2 and inserting ‘‘—’ ’’.

3 (l) Section 360 of Public Law 107–56 is amended—

4 (1) in subsection (a), by inserting ‘‘the’’ after

5 ‘‘utilization of the funds of’’; and

6 (2) in subsection (b), by striking ‘‘at such insti7 tutions’’ and inserting ‘‘at such institution’’.

8 (m) Section 362(a)(1) of Public Law 107–56 is amend9 ed by striking ‘‘subchapter II or III’’ and inserting ‘‘sub10 chapter II’’.

11 (n) Section 365 of Public Law 107—56 is amended

12 —

13 (1) by redesignating the 2nd of the 2 subsections

14 designated as subsection (c) (relating to a clerical

15 amendment) as subsection (d); and

16 (2) by redesignating subsection (f) as subsection

17 (e).

18 (o) Section 365(d) of Public Law 107–56 (as so redes19 ignated by subsection (n) of this section) is amended by

20 striking ‘‘section 5332 (as added by section 112 of this

21 title)’’ and inserting ‘‘section 5330’’.
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1 SEC. 2113. TECHNICAL CORRECTIONS TO OTHER PROVI2 SIONS OF LAW.

3 (a) Section 310(c) of title 31, United States Code, is

4 amended by striking ‘‘the Network’’ each place such term

5 appears and inserting ‘‘FinCEN’’.

6 (b) Section 5312(a)(3)(C) of title 31, United States

7 Code, is amended by striking ‘‘sections 5333 and 5316’’ and

8 inserting ‘‘sections 5316 and 5331’’.

9 (c) Section 5318(i) of title 31, United States Code, is

10 amended—

11 (1) in paragraph (3)(B), by inserting a comma

12 after ‘‘foreign political figure’’ the 2nd place such

13 term appears; and

14 (2) in the heading of paragraph (4), by striking

15 ‘‘DEFINITION’’ and inserting ‘‘DEFINITIONS’’.

16 (d) Section 5318(k)(1)(B) of title 31, United States

17 Code, is amended by striking ‘‘section 5318A(f)(1)(B)’’ and

18 inserting ‘‘section 5318A(e)(1)(B)’’.

19 (e) The heading for section 5318A of title 31, United

20 States Code, is amended to read as follows:

21 ‘‘§ 5318A. Special measures for jurisdictions, financial

22 institutions, international transactions,

23 or types of accounts of primary money

24 laundering concern’’.

25 (f) Section 5318A of title 31, United States Code, is

26 amended—
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1 (1) in subsection (a)(4)(A), by striking ‘‘, as de2 fined in section 3 of the Federal Deposit Insurance

3 Act,’’ and inserting ‘‘ (as defined in section 3 of the

4 Federal Deposit Insurance Act)’’;

5 (2) in subsection (a)(4)(B)(iii), by striking ‘‘or

6 class of transactions’’ and inserting ‘‘class of trans7 actions, or type of account’’;

8 (3) in subsection (b)(1)(A), by striking ‘‘or class

9 of transactions to be’’ and inserting ‘‘class of trans10 actions, or type of account to be’’; and

11 (4) in subsection (e)(3), by inserting ‘‘or sub12 section (i) or (j) of section 5318’’ after ‘‘identification

13 of individuals under this section’’.

14 (g) Section 5324(b) of title 31, United States Code, is

15 amended by striking ‘‘5333’’ each place such term appears

16 and inserting ‘‘5331’’.

17 (h) Section 5332 of title 31, United States Code, is

18 amended—

19 (1) in subsection (b)(2), by striking ‘‘, subject to

20 subsection (d) of this section’’; and

21 (2) in subsection (c)(1), by striking ‘‘, subject to

22 subsection (d) of this section,’’.

23 (i) The table of sections for subchapter II of chapter

24 53 of title 31, United States Code, is amended by striking
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1 the item relating to section 5318A and inserting the fol2 lowing new item:

‘‘5318A. Special measures for jurisdictions, financial institutions, international

transactions, or types of accounts of primary money laundering

concern.’’.

3 (j) Section 18(w)(3) of the Federal Deposit Insurance

4 Act (12 U.S.C. 1828(w)(3)) is amended by inserting a

5 comma after ‘‘agent of such institution’’.

6 (k) Section 21(a)(2) of the Federal Deposit Insurance

7 Act (12 U.S.C. 1829b(a)(2)) is amended by striking ‘‘recog8 nizes that’’ and inserting ‘‘recognizing that’’.

9 (l) Section 626(e) of the Fair Credit Reporting Act (15

10 U.S.C. 1681v(e)) is amended by striking ‘‘governmental

11 agency’’ and inserting ‘‘government agency’’.

12 SEC. 2114. REPEAL OF REVIEW.

13 Title III of Public Law 107–56 is amended by striking

14 section 303 (31 U.S.C. 5311 note).

15 SEC. 2115. EFFECTIVE DATE.

16 The amendments made by this subchapter to Public

17 Law 107–56, the United States Code, the Federal Deposit

18 Insurance Act, and any other provision of law shall take

19 effect as if such amendments had been included in Public

20 Law 107–56, as of the date of the enactment of such Public

21 Law, and no amendment made by such Public Law that

22 is inconsistent with an amendment made by this subchapter

23 shall be deemed to have taken effect.
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1 Subchapter B—Additional enforcement tools

2 SEC. 2121. BUREAU OF ENGRAVING AND PRINTING SECU3 RITY PRINTING.

4 (a) PRODUCTION OF DOCUMENTS.—Section 5114(a) of

5 title 31, United States Code (relating to engraving and

6 printing currency and security documents), is amended—

7 (1) by striking ‘‘(a) The Secretary of the Treas8 ury’’ and inserting:

9 ‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.—

10 ‘‘(1) IN GENERAL.—The Secretary of the Treas11 ury’’; and

12 (2) by adding at the end the following new para13 graphs:

14 ‘‘(2) ENGRAVING AND PRINTING FOR OTHER GOV15 ERNMENTS.—The Secretary of the Treasury may

16 produce currency, postage stamps, and other security

17 documents for foreign governments if—

18 ‘‘(A) the Secretary of the Treasury deter19 mines that such production will not interfere

20 with engraving and printing needs of the United

21 States; and

22 ‘‘(B) the Secretary of State determines that

23 such production would be consistent with the for24 eign policy of the United States.
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1 ‘‘(3) PROCUREMENT GUIDELINES.—Articles, ma2 terial, and supplies procured for use in the produc3 tion of currency, postage stamps, and other security

4 documents for foreign governments pursuant to para5 graph (2) shall be treated in the same manner as ar6 ticles, material, and supplies procured for public use

7 within the United States for purposes of title III of

8 the Act of March 3, 1933 (41 U.S.C. 10a et seq.; com9 monly referred to as the Buy American Act).’’.

10 (b) REIMBURSEMENT.—Section 5143 of title 31,

11 United States Code (relating to payment for services of the

12 Bureau of Engraving and Printing), is amended—

13 (1) in the first sentence, by inserting ‘‘or to a

14 foreign government under section 5114’’ after ‘‘agen15 cy’’;

16 (2) in the second sentence, by inserting ‘‘and

17 other’’ after ‘‘including administrative’’; and

18 (3) in the last sentence, by inserting ‘‘, and the

19 Secretary shall take such action, in coordination with

20 the Secretary of State, as may be appropriate to en21 sure prompt payment by a foreign government of any

22 invoice or statement of account submitted by the Sec23 retary with respect to services rendered under section

24 5114’’ before the period at the end.
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1 SEC. 2122. CONDUCT IN AID OF COUNTERFEITING.

2 (a) IN GENERAL.—Section 474(a) of title 18, United

3 States Code, is amended by inserting after the paragraph

4 beginning ‘‘Whoever has in his control, custody, or posses5 sion any plate’’ the following:

6 ‘‘ Whoever, with intent to defraud, has in his custody,

7 control, or possession any material that can be used to

8 make, alter, forge or counterfeit any obligations and other

9 securities of the United States or any part of such securities

10 and obligations, except under the authority of the Secretary

11 of the Treasury; or’’.

12 (b) FOREIGN OBLIGATIONS AND SECURITIES.—Section

13 481 of title 18, United States Code, is amended by inserting

14 after the paragraph beginning ‘‘Whoever, with intent to de15 fraud’’ the following:

16 ‘‘ Whoever, with intent to defraud, has in his custody,

17 control, or possession any material that can be used to

18 make, alter, forge or counterfeit any obligation or other se19 curity of any foreign government, bank or corporation; or’’.

20 (c) COUNTERFEIT ACTS.—Section 470 of title 18,

21 United States Code, is amended by striking ‘‘or 474’’ and

22 inserting ‘‘474, or 474A’’.

23 (d) MATERIALS USED IN COUNTERFEITING.—Section

24 474A(b) of title 18, United States Code, is amended by

25 striking ‘‘any essentially identical’’ and inserting ‘‘any

26 thing or material made after or in the similitude of any’’.
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1 SEC. 2123. REPORTING OF CROSS-BORDER TRANSMITTAL

2 OF FUNDS.

3 Section 5318 of title 31, United States Code, is amend4 ed by adding at the end the following new subsection:

5 ‘‘(n) REPORTING OF CROSS-BORDER TRANSMITTAL OF

6 FUNDS.—

7 ‘‘(1) IN GENERAL.—Subject to paragraph (3), the

8 Secretary shall prescribe regulations requiring such

9 financial institutions as the Secretary determines to

10 be appropriate to report to the Financial Crimes En11 forcement Network certain cross-border electronic

12 transmittals of funds relevant to efforts of the Sec13 retary against money laundering and terrorist fi14 nancing.

15 ‘‘(2) FORM AND MANNER OF REPORTS.—In pre16 scribing the regulations required under paragraph

17 (1), the Secretary shall determine the appropriate

18 form, manner, content and frequency of filing of the

19 required reports.

20 ‘‘(3) FEASIBILITY REPORT.—Before prescribing

21 the regulations required under paragraph (1), and as

22 soon as is practicable after the date of enactment of

23 the 9/11 Recommendations Implementation Act, the

24 Secretary shall delegate to the Bank Secrecy Act Ad25 visory Group established by the Secretary the task of
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1 producing a report for the Secretary and the Congress

2 that—

3 ‘‘(A) identifies the information in cross-bor4 der electronic transmittals of funds that is rel5 evant to efforts against money laundering and

6 terrorist financing;

7 ‘‘(B) makes recommendations regarding the

8 appropriate form, manner, content and fre9 quency of filing of the required reports; and

10 ‘‘(C) identifies the technology necessary for

11 the Financial Crimes Enforcement Network to

12 receive, keep, exploit and disseminate informa13 tion from reports of cross-border electronic trans14 mittals of funds to law enforcement and other

15 entities engaged in efforts against money laun16 dering and terrorist financing.

17 The report shall be submitted to the Secretary and the

18 Congress no later than the end of the 1-year period

19 beginning on the date of enactment of such Act.

20 ‘‘(4) REGULATIONS.—

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the regulations required by para23 graph (1) shall be prescribed in final form by the

24 Secretary, in consultation with the Board of

25 Governors of the Federal Reserve System, before
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1 the end of the 3-year period beginning on the

2 date of the enactment of the 9/11 Recommenda3 tions Implementation Act.

4 ‘‘(B) TECHNOLOGICAL FEASIBILITY.—No

5 regulations shall be prescribed under this sub6 section before the Secretary certifies to the Con7 gress that the Financial Crimes Enforcement

8 Network has the technological systems in place to

9 effectively and efficiently receive, keep, exploit,

10 and disseminate information from reports of

11 cross-border electronic transmittals of funds to

12 law enforcement and other entities engaged in ef13 forts against money laundering and terrorist fi14 nancing.

15 ‘‘(5) RECORDKEEPING.—No financial institution

16 required to submit reports on certain cross-border

17 electronic transmittals of funds to the Financial

18 Crimes Enforcement Network under this subsection

19 shall be subject to the recordkeeping requirement

20 under section 21(b)(3) of the Federal Deposit Insur21 ance Act with respect to such transmittals of funds.’’.
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1 SEC. 2124. ENHANCED EFFECTIVENESS OF EXAMINATIONS,

2 INCLUDING ANTI-MONEY LAUNDERING PRO3 GRAMS.

4 (a) DEPOSITORY INSTITUTIONS AND DEPOSITORY IN5 STITUTION HOLDING COMPANIES.—Section 10 of the Fed6 eral Deposit Insurance Act (12 U.S.C. 1820) is amended

7 by adding at the end the following new subsection:

8 ‘‘(k) POST-EMPLOYMENT LIMITATIONS ON LEADING

9 BANK EXAMINERS.—

10 ‘‘(1) IN GENERAL.—In the case of any person

11 who—

12 ‘‘(A) was an officer or employee (including

13 any special Government employee) of a Federal

14 banking agency or a Federal reserve bank; and

15 ‘‘(B) served 2 or more months during the

16 final 18 months of such person’s employment

17 with such agency or entity as the examiner-in18 charge (or a functionally equivalent position) of

19 a depository institution or depository institution

20 holding company with dedicated, overall, contin21 uous, and ongoing responsibility for the exam22 ination (or inspection) and supervision of that

23 depository institution or depository institution

24 holding company,

25 such person may not hold any office, position, or em26 ployment at any such depository institution or depos-
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1 itory institution holding company, become a control2 ling shareholder in, a consultant for, a joint-venture

3 partner with, or an independent contractor for (in4 cluding as attorney, appraiser, or accountant) any

5 such depository institution or holding company, or

6 any other company that controls such depository in7 stitution, or otherwise participate in the conduct of

8 the affairs of any such depository institution or hold9 ing company, during the 1-year period beginning on

10 the date such person ceases to be an officer or em11 ployee (including any special Government employee)

12 of the Federal banking agency or Federal reserve

13 bank.

14 ‘‘(2) VIOLATORS SUBJECT TO INDUSTRY-WIDE

15 PROHIBITION ORDERS.—

16 ‘‘(A) IN GENERAL.—In addition to any

17 other penalty which may apply, whenever a Fed18 eral banking agency determines that a person

19 subject to paragraph (1) has violated the prohibi20 tion in such paragraph by becoming associated

21 with any insured depository institution, deposi22 tory institution holding company, or other com23 pany for which such agency serves as the appro24 priate Federal banking agency, the agency shall

25 serve a written notice or order, in accordance
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1 with and subject to the provisions of section

2 8(e)(4) for written notices or orders under para3 graphs (1) or (2) of section 8(e), upon such per4 son of the agency’s intention to—

5 ‘‘(i) remove such person from office in

6 any capacity described in paragraph (1) for

7 a period of 5 years; and

8 ‘‘(ii) prohibit any further participa9 tion by such person, in any manner, in the

10 conduct of the affairs of any insured deposi11 tory institution, depository institution hold12 ing company, or other company that con13 trols an insured depository institution for a

14 period of 5 years.

15 ‘‘(B) SCOPE OF PROHIBITION ORDER.—Any

16 person subject to an order issued under this sub17 section shall be subject to paragraphs (6) and (7)

18 of section 8(e) in the same manner and to the

19 same extent as a person subject to an order

20 issued under such section and subsections (i) and

21 (j) of section 8 and any other provision of this

22 Act applicable to orders issued under subsection

23 (e) shall apply with respect to such order.

24 ‘‘(3) REGULATIONS.—
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1 ‘‘(A) IN GENERAL.—The Federal banking

2 agencies shall prescribe regulations to implement

3 this subsection, to determine which persons are

4 referred to in paragraph (1)(B) taking into

5 account—

6 ‘‘(i) the manner in which examiners

7 and other persons who participate in the

8 regulation, examination, or monitoring of

9 depository institutions or depository insti10 tution holding companies are distributed

11 among such institutions or companies by

12 such agency, including the number of exam13 iners and other persons assigned to each in14 stitution or holding company, the depth and

15 structure of any group so assigned within

16 such distribution, and the factors giving

17 rise to that distribution;

18 ‘‘(ii) the number of institutions or

19 companies each such examiner or other per20 son is so involved with in any given period

21 of assignment;

22 ‘‘(iii) the period of time for which each

23 such examiner or other person is assigned to

24 an institution or company, or a group of
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1 institutions or companies, before reassign2 ment;

3 ‘‘(iv) the size of the institutions or

4 holding companies for which each such per5 son is responsible and the amount of time

6 devoted to each such institution or holding

7 company during each examination period;

8 and

9 ‘‘(v) such other factors as the agency

10 determines to be appropriate.

11 ‘‘(B) DETERMINATION OF APPLICABILITY.—

12 The regulations prescribed or orders issued under

13 this subparagraph by an appropriate Federal

14 banking agency shall include a process, initiated

15 by application or otherwise, for determining

16 whether any person who ceases to be, or intends

17 to cease to be, an examiner of insured depository

18 institutions or depository institution holding

19 companies for or on behalf of such agency is sub20 ject to the limitations of this subsection with re21 spect to any particular insured depository insti22 tution or depository institution holding com23 pany.

24 ‘‘(C) CONSULTATION.—The Federal banking

25 agencies shall consult with each other for the
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1 purpose of assuring that the rules and regula2 tions issued by the agencies under subparagraph

3 (A) are, to the extent possible, consistent, com4 parable, and practicable, taking into account

5 any differences in the supervisory programs uti6 lized by the agencies for the supervision of depos7 itory institutions and depository institution

8 holding companies.

9 ‘‘(4) WAIVER.—A Federal banking agency may

10 waive, on a case-by-case basis, the restrictions im11 posed by this subsection if—

12 ‘‘(A) the head of the agency certifies in

13 writing that the grant of such waiver would not

14 be inconsistent with the public interest; and

15 ‘‘(B) the waiver is provided in advance be16 fore the person becomes affiliated in any way

17 with the depository institution, depository insti18 tution holding company, or other company.

19 ‘‘(5) DEFINITIONS AND RULES OF CONSTRUC20 TION.—For purposes of this subsection, the following

21 definitions and rules shall apply:

22 ‘‘(A) DEPOSITORY INSTITUTION.—The term

23 ‘depository institution’ includes an uninsured

24 branch or agency of a foreign bank if such

25 branch or agency is located in any State.
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1 ‘‘(B) DEPOSITORY INSTITUTION HOLDING

2 COMPANY.—The term ‘depository institution

3 holding company’ includes any foreign bank or

4 company described in section 8(a) of the Inter5 national Banking Act of 1978.

6 ‘‘(C) HEAD OF THE AGENCY.—The term ‘the

7 head of the agency’ means—

8 ‘‘(i) the Comptroller of the Currency,

9 in the case of the Office of the Comptroller

10 of the Currency;

11 ‘‘(ii) the Chairman of the Board of

12 Governors of the Federal Reserve System, in

13 the case of the Board of Governors of the

14 Federal Reserve System;

15 ‘‘(iii) the Chairperson of the Board of

16 Directors, in the case of the Federal Deposit

17 Insurance Corporation; and

18 ‘‘(iv) the Director, in the case of the

19 Office of Thrift Supervision.

20 ‘‘(D) RULE OF CONSTRUCTION FOR CON21 SULTANTS AND INDEPENDENT CONTRACTORS.—A

22 person shall be deemed to act as a consultant or

23 independent contractor (including as an attor24 ney, appraiser, or accountant) for a depository

25 institution, depository holding company, or other
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1 company only if such person directly works on

2 matters for, or on behalf of, such depository in3 stitution, depository holding company, or other

4 company.

5 ‘‘(E) APPROPRIATE AGENCY FOR CERTAIN

6 OTHER COMPANIES.—The term ‘appropriate Fed7 eral banking agency’ means, with respect to a

8 company that is not a depository institution or

9 depository institution holding company, the Fed10 eral banking agency on whose behalf the person

11 described in paragraph (1) performed the func12 tions described in paragraph (1)(B), as imple13 mented by regulations prescribed under para14 graph (3).’’.

15 (b) CREDIT UNIONS.—Section 206 of the Federal Cred16 it Union Act (12 U.S.C. 1786) is amended by adding at

17 the end the following new subsection:

18 ‘‘(w) POST-EMPLOYMENT LIMITATIONS ON EXAM19 INERS.—

20 ‘‘(1) REGULATIONS REQUIRED.—The Board shall

21 consult with the Federal banking agencies and pre22 scribe regulations imposing the same limitations on

23 persons employed by or on behalf of the Board as

24 leading examiners of, or functionally equivalent posi25 tions with respect to, credit unions as are applicable
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1 under section 10(k) of the Federal Deposit Insurance

2 Act, taking into account all the requirements and fac3 tors described in paragraphs (3) and (4) of such sec4 tion.

5 ‘‘(2) ENFORCEMENT.—The Board shall issue or6 ders under subsection (g) with respect to any person

7 who violates any regulation prescribed pursuant to

8 paragraph (1) to—

9 ‘‘(A) remove such person from office in any

10 capacity with respect to a credit union; and

11 ‘‘(B) prohibit any further participation by

12 such person, in any manner, in the conduct of

13 the affairs of any credit union for a period of 5

14 years.

15 ‘‘(3) SCOPE OF PROHIBITION ORDER.—Any per16 son subject to an order issued under this subsection

17 shall be subject to paragraphs (5) and (7) of sub18 section (g) in the same manner and to the same ex19 tent as a person subject to an order issued under such

20 subsection and subsection (l) and any other provision

21 of this Act applicable to orders issued under sub22 section (g) shall apply with respect to such order.’’.

23 (c) STUDY OF EXAMINER HIRING AND RETENTION.—

24 (1) STUDY REQUIRED.—The Board of Directors

25 of the Federal Deposit Insurance Corporation, the
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1 Comptroller of the Currency, the Director of the Office

2 of Thrift Supervision, the Board of Governors of the

3 Federal Reserve System, and the National Credit

4 Union Administration Board, acting through the Fi5 nancial Institutions Examination Council, shall con6 duct a study of efforts and proposals for—

7 (A) retaining the services of experienced

8 and highly qualified examiners and supervisors

9 already employed by such agencies; and

10 (B) continuing to attract such examiners

11 and supervisors on an-ongoing basis to the extent

12 necessary to fulfill the agencies’ obligations to

13 maintain the safety and soundness of the Na14 tion’s depository institutions.

15 (2) REPORT.—Before the end of the 1-year pe16 riod beginning on the date of the enactment of this

17 Act, the agencies conducting the study under para18 graph (1) shall submit a report containing the find19 ings and conclusions of such agencies with respect to

20 such study, together with such recommendations for

21 administrative or legislative changes as the agencies

22 determine to be appropriate.
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1 Subtitle F—Criminal History

2 Background Checks

3 SEC. 2141. SHORT TITLE.

4 This subtitle may be cited as the ‘‘Criminal History

5 Access Means Protection of Infrastructures and Our Nation

6 Act’’.

7 SEC. 2142. CRIMINAL HISTORY BACKGROUND CHECKS.

8 (a) IN GENERAL.—Section 534 of title 28, United

9 States Code, is amended by adding at the end the following:

10 ‘‘(f)(1) Under rules prescribed by the Attorney General,

11 the Attorney General shall, within 60 days after the date

12 of enactment, initiate a 180-day pilot program to establish

13 and maintain a system for providing to an employer crimi14 nal history information that—

15 ‘‘(A) is in the possession of the Attorney General;

16 and

17 ‘‘(B) is requested by an employer as part of an

18 employee criminal history investigation that has been

19 authorized by the State where the employee works or

20 where the employer has their principal place of busi21 ness;

22 in order to ensure that a prospective employee is suitable

23 for certain employment positions.

24 ‘‘(2) The Attorney General shall require that an em25 ployer seeking criminal history information of an employee
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1 request such information and submit fingerprints or other

2 biometric identifiers as approved by the Attorney General

3 to provide a positive and reliable identification of such pro4 spective employee.

5 ‘‘(3) The Director of the Federal Bureau of Investiga6 tion may require an employer to pay a reasonable fee for

7 such information.

8 ‘‘(4) Upon receipt of fingerprints or other biometric

9 identifiers, the Attorney General shall conduct an Inte10 grated Fingerprint Identification System of the Federal

11 Bureau of Investigation (IAFIS) check and provide the re12 sults of such check to the requester.

13 ‘‘(5) As used in this subsection,

14 ‘‘(A) the term ‘criminal history information’ and

15 ‘criminal history records’ includes—

16 ‘‘(i) an identifying description of the indi17 vidual to whom it pertains;

18 ‘‘(ii) notations of arrests, detentions, indict19 ments, or other formal criminal charges per20 taining to such individual; and

21 ‘‘(iii) any disposition to a notation revealed

22 in subparagraph (B), including acquittal, sen23 tencing, correctional supervision, or release.

24 ‘‘(B) the term ‘Integrated Automated Finger25 print Identification System of the Federal Bureau of
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1 Investigation (IAFIS)’ means the national depository

2 for fingerprint, biometric, and criminal history infor3 mation, through which fingerprints are processed elec4 tronically.

5 ‘‘(6) Nothing in this subsection shall preclude the At6 torney General from authorizing or requiring criminal his7 tory record checks on individuals employed or seeking em8 ployment in positions vital to the Nation’s critical infra9 structure or key resources as those terms are defined in sec10 tion 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e))

11 and section 2(9) of the Homeland Security Act of 2002 (6

12 U.S.C. 101(9)), if pursuant to a law or Executive order.’’.

13 (b) REPORT TO CONGRESS.—

14 (1) IN GENERAL.—Not later than 60 days after

15 the conclusion of the pilot program, the Attorney Gen16 eral shall report to the appropriate committees of

17 Congress regarding all statutory requirements for

18 criminal history record checks that are required to be

19 conducted by the Department of Justice or any of its

20 components.

21 (2) IDENTIFICATION OF INFORMATION.—The At22 torney General shall identify the number of records

23 requested, including the type of information requested,

24 usage of different terms and definitions regarding

25 criminal history information, and the variation in
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1 fees charged for such information and who pays such

2 fees.

3 (3) RECOMMENDATIONS.—The Attorney General

4 shall make recommendations for consolidating the ex5 isting procedures into a unified procedure consistent

6 with that provided in section 534(f) of title 28,

7 United States Code, as amended by this subtitle. In

8 making the recommendations to Congress, the Attor9 ney General shall consider—

10 (A) the effectiveness of utilizing commer11 cially available databases as a supplement to

12 IAFIS criminal history information checks;

13 (B) the effectiveness of utilizing State data14 bases as a supplement to IAFIS criminal history

15 information checks;

16 (C) any feasibility studies by the Depart17 ment of Justice of the FBI’s resources and struc18 ture to establish a system to provide criminal

19 history information; and

20 (D) privacy rights and other employee pro21 tections to include employee consent, access to the

22 records used if employment was denied, an ap23 peal mechanism, and penalties for misuse of the

24 information.
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1 SEC. 2143. PROTECT ACT.

2 Public law 108–21 is amended—

3 (1) in section 108(a)(2)(A) by striking ‘‘an 18

4 month’’ and inserting ‘‘a 30-month’’; and

5 (2) in section 108(a)(3)(A) by striking ‘‘an 18-

6 month’’ and inserting ‘‘a 30-month’’.

7 SEC. 2144. REVIEWS OF CRIMINAL RECORDS OF APPLI8 CANTS FOR PRIVATE SECURITY OFFICER EM9 PLOYMENT.

10 (a) SHORT TITLE.—This section may be cited as the

11 ‘‘Private Security Officer Employment Authorization Act

12 of 2004’’.

13 (b) FINDINGS.—Congress finds that—

14 (1) employment of private security officers in the

15 United States is growing rapidly;

16 (2) private security officers function as an ad17 junct to, but not a replacement for, public law en18 forcement by helping to reduce and prevent crime;

19 (3) such private security officers protect individ20 uals, property, and proprietary information, and

21 provide protection to such diverse operations as

22 banks, hospitals, research and development centers,

23 manufacturing facilities, defense and aerospace con24 tractors, high technology businesses, nuclear power

25 plants, chemical companies, oil and gas refineries,

26 airports, communication facilities and operations, of-
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1 fice complexes, schools, residential properties, apart2 ment complexes, gated communities, and others;

3 (4) sworn law enforcement officers provide sig4 nificant services to the citizens of the United States

5 in its public areas, and are supplemented by private

6 security officers;

7 (5) the threat of additional terrorist attacks re8 quires cooperation between public and private sectors

9 and demands professional, reliable, and responsible

10 security officers for the protection of people, facilities,

11 and institutions;

12 (6) the trend in the Nation toward growth in

13 such security services has accelerated rapidly;

14 (7) such growth makes available more public sec15 tor law enforcement officers to combat serious and

16 violent crimes, including terrorism;

17 (8) the American public deserves the employment

18 of qualified, well-trained private security personnel as

19 an adjunct to sworn law enforcement officers; and

20 (9) private security officers and applicants for

21 private security officer positions should be thoroughly

22 screen and trained.

23 (c) DEFINITIONS.—In this Act:
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1 (1) EMPLOYEE.—The term ‘‘employee’’ includes

2 both a current employee and an applicant for em3 ployment as a private security officer.

4 (2) AUTHORIZED EMPLOYER.—The term ‘‘au5 thorized employer’’ means any person that—

6 (A) employs private security officers; and

7 (B) is authorized by regulations promul8 gated by the Attorney General to request a crimi9 nal history record information search of an em10 ployee through a State identification bureau

11 pursuant to this section.

12 (3) PRIVATE SECURITY OFFICER.—The term

13 ‘‘private security officer’—

14 (A) means an individual other than an em15 ployee of a Federal, State, or local government,

16 whose primary duty is to perform security serv17 ices, full- or part-time, for consideration, whether

18 armed or unarmed and in uniform or plain

19 clothes (except for services excluded from coverage

20 under this Act if the Attorney General deter21 mines by regulation that such exclusion would

22 serve the public interest); but

23 (B) does not include—

24 (i) employees whose duties are pri25 marily internal audit or credit functions;
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1 (ii) employees of electronic security

2 system companies acting as technicians or

3 monitors; or

4 (iii) employees whose duties primarily

5 involve the secure movement of prisoners.

6 (4) SECURITY SERVICES.—The term ‘‘security

7 services’’ means acts to protect people or property as

8 defined by regulations promulgated by the Attorney

9 General.

10 (5) STATE IDENTIFICATION BUREAU.—The term

11 ‘‘State identification bureau’’ means the State entity

12 designated by the Attorney General for the submission

13 and receipt of criminal history record information.

14 (d) CRIMINAL HISTORY RECORD INFORMATION

15 SEARCH.—

16 (1) IN GENERAL.—

17 (A) SUBMISSION OF FINGERPRINTS.—An

18 authorized employer may submit to the State

19 identification bureau of a participating State,

20 fingerprints or other means of positive identi21 fication, as determined by the Attorney General,

22 of an employee of such employer for purposes of

23 a criminal history record information search

24 pursuant to this Act.

25 (B) EMPLOYEE RIGHTS.—
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1 (i) PERMISSION.—An authorized em2 ployer shall obtain written consent from an

3 employee to submit to the State identifica4 tion bureau of a participating State the re5 quest to search the criminal history record

6 information of the employee under this Act.

7 (ii) ACCESS.—An authorized employer

8 shall provide to the employee confidential

9 access to any information relating to the

10 employee received by the authorized em11 ployer pursuant to this Act.

12 (C) PROVIDING INFORMATION TO THE

13 STATE IDENTIFICATION BUREAU.—Upon receipt

14 of a request for a criminal history record infor15 mation search from an authorized employer pur16 suant to this Act, submitted through the State

17 identification bureau of a participating State,

18 the Attorney General shall—

19 (i) search the appropriate records of

20 the Criminal Justice Information Services

21 Division of the Federal Bureau of Investiga22 tion; and

23 (ii) promptly provide any resulting

24 identification and criminal history record
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1 information to the submitting State identi2 fication bureau requesting the information.

3 (D) USE OF INFORMATION.—

4 (i) IN GENERAL.—Upon receipt of the

5 criminal history record information from

6 the Attorney General by the State identi7 fication bureau, the information shall be

8 used only as provided in clause (ii).

9 (ii) TERMS.—In the case of—

10 (I) a participating State that has

11 no State standards for qualification to

12 be a private security officer, the State

13 shall notify an authorized employer as

14 to the fact of whether an employee has

15 been—

16 (aa) convicted of a felony, an

17 offense involving dishonesty or a

18 false statement if the conviction

19 occurred during the previous 10

20 years, or an offense involving the

21 use or attempted use of physical

22 force against the person of another

23 if the conviction occurred during

24 the previous 10 years; or
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1 (bb) charged with a criminal

2 felony for which there has been no

3 resolution during the preceding

4 365 days; or

5 (II) a participating State that

6 has State standards for qualification to

7 be a private security officer, the State

8 shall use the information received pur9 suant to this Act in applying the State

10 standards and shall only notify the

11 employer of the results of the applica12 tion of the State standards.

13 (E) FREQUENCY OF REQUESTS.—An au14 thorized employer may request a criminal his15 tory record information search for an employee

16 only once every 12 months of continuous employ17 ment by that employee unless the authorized em18 ployer has good cause to submit additional re19 quests.

20 (2) REGULATIONS.—Not later than 180 days

21 after the date of enactment of this Act, the Attorney

22 General shall issue such final or interim final regula23 tions as may be necessary to carry out this Act,

24 including—
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1 (A) measures relating to the security, con2 fidentiality, accuracy, use, submission, dissemi3 nation, destruction of information and audits,

4 and record keeping;

5 (B) standards for qualification as an au6 thorized employer; and

7 (C) the imposition of reasonable fees nec8 essary for conducting the background checks.

9 (3) CRIMINAL PENALTIES FOR USE OF INFORMA10 TION.—Whoever knowingly and intentionally uses

11 any information obtained pursuant to this Act other

12 than for the purpose of determining the suitability of

13 an individual for employment as a private security

14 officer shall be fined under title 18, United States

15 Code, or imprisoned for not more than 2 years, or

16 both.

17 (4) USER FEES.—

18 (A) IN GENERAL.—The Director of the Fed19 eral Bureau of Investigation may—

20 (i) collect fees to process background

21 checks provided for by this Act; and

22 (ii) establish such fees at a level to in23 clude an additional amount to defray ex24 penses for the automation of fingerprint
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1 identification and criminal justice informa2 tion services and associated costs.

3 (B) LIMITATIONS.—Any fee collected under

4 this subsection—

5 (i) shall, consistent with Public Law

6 101–515 and Public Law 104–99, be cred7 ited to the appropriation to be used for sal8 aries and other expenses incurred through

9 providing the services described in such

10 Public Laws and in subparagraph (A);

11 (ii) shall be available for expenditure

12 only to pay the costs of such activities and

13 services; and

14 (iii) shall remain available until ex15 pended.

16 (C) STATE COSTS.—Nothing in this Act

17 shall be construed as restricting the right of a

18 State to assess a reasonable fee on an authorized

19 employer for the costs to the State of admin20 istering this Act.

21 (5) STATE OPT OUT.—A State may decline to

22 participate in the background check system authorized

23 by this Act by enacting a law or issuing an order by

24 the Governor (if consistent with State law) providing
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1 that the State is declining to participate pursuant to

2 this subsection.

3 SEC. 2145. TASK FORCE ON CLEARINGHOUSE FOR IAFIS

4 CRIMINAL HISTORY RECORDS.

5 Not later than 60 days after the date of enactment of

6 this Act, the Attorney General shall establish a task force

7 to examine the establishment of a national clearinghouse

8 to process IAFIS criminal history record requests received

9 directly from employers providing private security guard

10 services with respect to critical infrastructure (as defined

11 in section 1016(e) of Public Law 107–56 (42 U.S.C.

12 5195c(e))) and other private security guard services. Mem13 bers of this task force shall include representatives of the

14 Department of Justice and the Federal Bureau of Investiga15 tion, in consultation with representatives of the security

16 guard industry. Not later than 90 days after the establish17 ment of the task force, the Attorney General shall submit

18 to Congress a report outlining how the national clearing19 house shall be established, and specifying a date certain

20 (within one year of the enactment of this Act) by which

21 the national clearinghouse will begin operations.

22 SEC. 2146. CLARIFICATION OF PURPOSE.

23 The clearinghouse described in section 2145 shall only

24 process criminal history record requests pertaining to em-
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1 ployees or prospective employees of the private security

2 guard service making the request pursuant to that section.

3 Subtitle G—Protection of United

4 States Aviation System From

5 Terrorist Attacks

6 SEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR

7 OTHER TECHNOLOGY.

8 (a) USE OF BIOMETRIC TECHNOLOGY.—Section

9 44903(h) of title 49, United States Code, is amended—

10 (1) in paragraph (4)(E) by striking ‘‘may pro11 vide for’’ and inserting ‘‘shall issue, not later than

12 120 days after the date of enactment of paragraph

13 (5), guidance for’’; and

14 (2) by adding at the end the following:

15 ‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN AIR16 PORT ACCESS CONTROL SYSTEMS.—In issuing guid17 ance under paragraph (4)(E), the Assistant Secretary

18 of Homeland Security (Transportation Security Ad19 ministration), in consultation with the Attorney Gen20 eral, representatives of the aviation industry, the bio21 metrics industry, and the National Institute of

22 Standards and Technology, shall establish, at a

23 minimum—

24 ‘‘(A) comprehensive technical and oper25 ational system requirements and performance
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1 standards for the use of biometrics in airport ac2 cess control systems (including airport perimeter

3 access control systems) to ensure that the biomet4 ric systems are effective, reliable, and secure;

5 ‘‘(B) a list of products and vendors that

6 meet such requirements and standards;

7 ‘‘(C) procedures for implementing biometric

8 systems—

9 ‘‘(i) to ensure that individuals do not

10 use an assumed identity to enroll in a bio11 metric system; and

12 ‘‘(ii) to resolve failures to enroll, false

13 matches, and false non-matches; and

14 ‘‘(D) best practices for incorporating bio15 metric technology into airport access control sys16 tems in the most effective manner, including a

17 process to best utilize existing airport access con18 trol systems, facilities, and equipment and exist19 ing data networks connecting airports.

20 ‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW

21 ENFORCEMENT OFFICER TRAVEL.—

22 ‘‘(A) IN GENERAL.—Not later than 120

23 days after the date of enactment of this para24 graph, the Assistant Secretary in consultation

25 with the Attorney General shall—
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1 ‘‘(i) establish a law enforcement officer

2 travel credential that incorporates bio3 metrics and is uniform across all Federal,

4 State, and local government law enforce5 ment agencies;

6 ‘‘(ii) establish a process by which the

7 travel credential will be used to verify the

8 identity of a Federal, State, or local govern9 ment law enforcement officer seeking to

10 carry a weapon on board an aircraft, with11 out unnecessarily disclosing to the public

12 that the individual is a law enforcement of13 ficer;

14 ‘‘(iii) establish procedures—

15 ‘‘(I) to ensure that only Federal,

16 State, and local government law en17 forcement officers are issued the travel

18 credential;

19 ‘‘(II) to resolve failures to enroll,

20 false matches, and false non-matches

21 relating to use of the travel credential;

22 and

23 ‘‘(III) to invalidate any travel

24 credential that is lost, stolen, or no

25 longer authorized for use;
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1 ‘‘(iv) begin issuance of the travel cre2 dential to each Federal, State, and local

3 government law enforcement officer author4 ized by the Assistant Secretary to carry a

5 weapon on board an aircraft; and

6 ‘‘(v) take such other actions with re7 spect to the travel credential as the Sec8 retary considers appropriate.

9 ‘‘(B) FUNDING.—There are authorized to be

10 appropriated such sums as may be necessary to

11 carry out this paragraph.

12 ‘‘(7) DEFINITIONS.—In this subsection, the fol13 lowing definitions apply:

14 ‘‘(A) BIOMETRIC INFORMATION.—The term

15 ‘biometric information’ means the distinct phys16 ical or behavioral characteristics that are used

17 for identification, or verification of the identity,

18 of an individual.

19 ‘‘(B) BIOMETRICS.—The term ‘biometrics’

20 means a technology that enables the automated

21 identification, or verification of the identity, of

22 an individual based on biometric information.

23 ‘‘(C) FAILURE TO ENROLL.—The term ‘fail24 ure to enroll’ means the inability of an indi25 vidual to enroll in a biometric system due to an
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1 insufficiently distinctive biometric sample, the

2 lack of a body part necessary to provide the bio3 metric sample, a system design that makes it dif4 ficult to provide consistent biometric informa5 tion, or other factors.

6 ‘‘(D) FALSE MATCH.—The term ‘false

7 match’ means the incorrect matching of one indi8 vidual’s biometric information to another indi9 vidual’s biometric information by a biometric

10 system.

11 ‘‘(E) FALSE NON-MATCH.—The term ‘false

12 non-match’ means the rejection of a valid iden13 tity by a biometric system.

14 ‘‘(F) SECURE AREA OF AN AIRPORT.—The

15 term ‘secure area of an airport’ means the sterile

16 area and the Secure Identification Display Area

17 of an airport (as such terms are defined in sec18 tion 1540.5 of title 49, Code of Federal Regula19 tions, or any successor regulation to such sec20 tion).’’.

21 (b) FUNDING FOR USE OF BIOMETRIC TECHNOLOGY

22 IN AIRPORT ACCESS CONTROL SYSTEMS.—

23 (1) GRANT AUTHORITY.—Section 44923(a) of

24 title 49, United States Code, is amended—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (3);

3 (B) by redesignating paragraph (4) as

4 paragraph (5); and

5 (C) by inserting after paragraph (3) the fol6 lowing:

7 ‘‘(4) for projects to implement biometric tech8 nologies in accordance with guidance issued under

9 section 44903(h)(4)(E); and’’.

10 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec11 tion 44923(i)(1) of such title is amended by striking

12 ‘‘$250,000,000 for each of fiscal years 2004 through

13 2007’’ and inserting ‘‘$250,000,000 for fiscal year

14 2004, $345,000,000 for fiscal year 2005, and

15 $250,000,000 for each of fiscal years 2006 and 2007’’.

16 SEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLAN17 NING.

18 Section 44904 of title 49, United States Code, is

19 amended—

20 (1) by redesignating subsection (c) as subsection

21 (e); and

22 (2) by inserting after subsection (b) the fol23 lowing:

24 ‘‘(c) TRANSPORTATION SECURITY STRATEGIC PLAN25 NING.—
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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland

2 Security shall prepare and update, as needed, a

3 transportation sector specific plan and transportation

4 modal security plans in accordance with this section.

5 ‘‘(2) CONTENTS.—At a minimum, the modal se6 curity plan for aviation prepared under paragraph

7 (1) shall—

8 ‘‘(A) set risk-based priorities for defending

9 aviation assets;

10 ‘‘(B) select the most practical and cost-effec11 tive methods for defending aviation assets;

12 ‘‘(C) assign roles and missions to Federal,

13 State, regional, and local authorities and to

14 stakeholders;

15 ‘‘(D) establish a damage mitigation and re16 covery plan for the aviation system in the event

17 of a terrorist attack; and

18 ‘‘(E) include a threat matrix document that

19 outlines each threat to the United States civil

20 aviation system and the corresponding layers of

21 security in place to address such threat.

22 ‘‘(3) REPORTS.—Not later than 180 days after

23 the date of enactment of the subsection and annually

24 thereafter, the Secretary shall submit to the Com25 mittee on Transportation and Infrastructure of the
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1 House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate a

3 report containing the plans prepared under para4 graph (1), including any updates to the plans. The

5 report may be submitted in a classified format.

6 ‘‘(d) OPERATIONAL CRITERIA.—Not later than 90 days

7 after the date of submission of the report under subsection

8 (c)(3), the Assistant Secretary of Homeland Security

9 (Transportation Security Administration) shall issue oper10 ational criteria to protect airport infrastructure and oper11 ations against the threats identified in the plans prepared

12 under subsection (c)(1) and shall approve best practices

13 guidelines for airport assets.’’.

14 SEC. 2173. NEXT GENERATION AIRLINE PASSENGER

15 PRESCREENING.

16 (a) IN GENERAL.—Section 44903(j)(2) of title 49,

17 United States Code, is amended by adding at the end the

18 following:

19 ‘‘(C) NEXT GENERATION AIRLINE PAS20 SENGER PRESCREENING.—

21 ‘‘(i) COMMENCEMENT OF TESTING.—

22 Not later than November 1, 2004, the Assist23 ant Secretary of Homeland Security

24 (Transportation Security Administration),

25 or the designee of the Assistant Secretary,
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1 shall commence testing of a next generation

2 passenger prescreening system that will

3 allow the Department of Homeland Secu4 rity to assume the performance of com5 paring passenger name records to the auto6 matic selectee and no fly lists, utilizing all

7 appropriate records in the consolidated and

8 integrated terrorist watchlist maintained by

9 the Federal Government.

10 ‘‘(ii) ASSUMPTION OF FUNCTION.—Not

11 later than 180 days after completion of test12 ing under clause (i), the Assistant Sec13 retary, or the designee of the Assistant Sec14 retary, shall assume the performance of the

15 passenger prescreening function of com16 paring passenger name records to the auto17 matic selectee and no fly lists and utilize all

18 appropriate records in the consolidated and

19 integrated terrorist watchlist maintained by

20 the Federal Government in performing that

21 function.

22 ‘‘(iii) REQUIREMENTS.—In assuming

23 performance of the function under clause

24 (i), the Assistant Secretary shall—
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1 ‘‘(I) establish a procedure to en2 able airline passengers, who are de3 layed or prohibited from boarding a

4 flight because the next generation pas5 senger prescreening system determined

6 that they might pose a security threat,

7 to appeal such determination and cor8 rect information contained in the sys9 tem;

10 ‘‘(II) ensure that Federal Govern11 ment databases that will be used to es12 tablish the identity of a passenger

13 under the system will not produce a

14 large number of false positives;

15 ‘‘(III) establish an internal over16 sight board to oversee and monitor the

17 manner in which the system is being

18 implemented;

19 ‘‘(IV) establish sufficient oper20 ational safeguards to reduce the oppor21 tunities for abuse;

22 ‘‘(V) implement substantial secu23 rity measures to protect the system

24 from unauthorized access;
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1 ‘‘(VI) adopt policies establishing

2 effective oversight of the use and oper3 ation of the system; and

4 ‘‘(VII) ensure that there are no

5 specific privacy concerns with the tech6 nological architecture of the system.

7 ‘‘(iv) PASSENGER NAME RECORDS.—

8 Not later than 60 days after the completion

9 of the testing of the next generation pas10 senger prescreening system, the Assistant

11 Secretary shall require air carriers to sup12 ply to the Assistant Secretary the passenger

13 name records needed to begin implementing

14 the next generation passenger prescreening

15 system.

16 ‘‘(D) PRESCREENING INTERNATIONAL PAS17 SENGERS.—Not later than 60 days after date of

18 enactment of this subparagraph, the Secretary of

19 Homeland Security, or the designee of the Sec20 retary, shall issue a notice of proposed rule21 making that will allow the Department of Home22 land Security to compare passenger name

23 records for any international flight to or from

24 the United States against the consolidated and

25 integrated terrorist watchlist maintained by the
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1 Federal Government before departure of the

2 flight.

3 ‘‘(E) SCREENING OF EMPLOYEES AGAINST

4 WATCHLIST.—The Assistant Secretary of Home5 land Security (Transportation Security Admin6 istration), in coordination with the Secretary of

7 Transportation and the Administrator of the

8 Federal Aviation Administration, shall ensure

9 that individuals are screened against all appro10 priate records in the consolidated and integrated

11 terrorist watchlist maintained by the Federal

12 Government before—

13 ‘‘(i) being certificated by the Federal

14 Aviation Administration;

15 ‘‘(ii) being issued a credential for ac16 cess to the secure area of an airport; or

17 ‘‘(iii) being issued a credential for ac18 cess to the air operations area (as defined

19 in section 1540.5 of title 49, Code of Federal

20 Regulations, or any successor regulation to

21 such section) of an airport.

22 ‘‘(F) APPEAL PROCEDURES.—

23 ‘‘(i) IN GENERAL.—The Assistant Sec24 retary shall establish a timely and fair

25 process for individuals identified as a threat
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1 under one or more of subparagraphs (C),

2 (D), and (E) to appeal to the Transpor3 tation Security Administration the deter4 mination and correct any erroneous infor5 mation.

6 ‘‘(ii) RECORDS.—The process shall in7 clude the establishment of a method by

8 which the Assistant Secretary will be able to

9 maintain a record of air passengers who

10 have been misidentified and have corrected

11 erroneous information. To prevent repeated

12 delays of misidentified passengers, the

13 Transportation Security Administration

14 record shall contain information determined

15 by the Assistant Secretary to authenticate

16 the identity of such a passenger.

17 ‘‘(G) DEFINITION.—In this paragraph, the

18 term ‘secure area of an airport’ means the sterile

19 area and the Secure Identification Display Area

20 of an airport (as such terms are defined in sec21 tion 1540.5 of title 49, Code of Federal Regula22 tions, or any successor regulation to such sec23 tion).’’.

24 (b) GAO REPORT.—
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1 (1) IN GENERAL.—Not later than 90 days after

2 the date on which the Assistant Secretary of Home3 land Security (Transportation Security Administra4 tion) assumes performance of the passenger

5 prescreening function under section 44903(j)(2)(C)(ii)

6 of title 49, United States Code, the Comptroller Gen7 eral shall submit to the appropriate congressional

8 committees a report on the assumption of such func9 tion. The report may be submitted in a classified for10 mat.

11 (2) CONTENTS.—The report under paragraph (1)

12 shall address—

13 (A) whether a system exists in the next gen14 eration passenger prescreening system whereby

15 aviation passengers, determined to pose a threat

16 and either delayed or prohibited from boarding

17 their scheduled flights by the Transportation Se18 curity Administration, may appeal such a deci19 sion and correct erroneous information;

20 (B) the sufficiency of identifying informa21 tion contained in passenger name records and

22 any government databases for ensuring that a

23 large number of false positives will not result

24 under the next generation passenger prescreening

25 system in a significant number of passengers
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1 being treated as a threat mistakenly or in secu2 rity resources being diverted;

3 (C) whether the Transportation Security

4 Administration stress tested the next generation

5 passenger prescreening system;

6 (D) whether an internal oversight board has

7 been established in the Department of Homeland

8 Security to monitor the next generation pas9 senger prescreening system;

10 (E) whether sufficient operational safe11 guards have been established to prevent the op12 portunities for abuse of the system;

13 (F) whether substantial security measures

14 are in place to protect the passenger prescreening

15 database from unauthorized access;

16 (G) whether policies have been adopted for

17 the effective oversight of the use and operation of

18 the system;

19 (H) whether specific privacy concerns still

20 exist with the system; and

21 (I) whether appropriate life cycle cost esti22 mates have been developed, and a benefit and

23 cost analysis has been performed, for the system.
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1 SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETEC2 TION EQUIPMENT AT AIRPORT SCREENING

3 CHECKPOINTS.

4 (a) NONMETALLIC WEAPONS AND EXPLOSIVES.—In

5 order to improve security, the Assistant Secretary of Home6 land Security (Transportation Security Administration)

7 shall give priority to developing, testing, improving, and

8 deploying technology at screening checkpoints at airports

9 that will detect nonmetallic weapons and explosives on the

10 person of individuals, in their clothing, or in their carry11 on baggage or personal property and shall ensure that the

12 equipment alone, or as part of an integrated system, can

13 detect under realistic operating conditions the types of non14 metallic weapons and explosives that terrorists would likely

15 try to smuggle aboard an air carrier aircraft.

16 (b) STRATEGIC PLAN FOR DEPLOYMENT AND USE OF

17 EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREEN18 ING CHECKPOINTS.—

19 (1) IN GENERAL.—Not later than 90 days after

20 the date of enactment of this Act, the Assistant Sec21 retary shall transmit to the appropriate congressional

22 committees a strategic plan to promote the optimal

23 utilization and deployment of explosive detection de24 vices at airports to screen individuals and their

25 carry-on baggage or personal property, including

26 walk-through explosive detection portals, document
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1 scanners, shoe scanners, backscatter x-ray scanners,

2 and any other explosive detection equipment for use

3 at a screening checkpoint. The plan may be trans4 mitted in a classified format.

5 (2) CONTENTS.—The strategic plan shall include

6 descriptions of the operational applications of explo7 sive detection equipment at airport screening check8 points, a deployment schedule and quantities of

9 equipment needed to implement the plan, and fund10 ing needs for implementation of the plan, including

11 a financing plan that provides for leveraging non12 Federal funding.

13 SEC. 2175. PILOT PROGRAM TO EVALUATE USE OF BLAST14 RESISTANT CARGO AND BAGGAGE CON15 TAINERS.

16 (a) IN GENERAL.—Beginning not later than 180 days

17 after the date of enactment of this Act, the Assistant Sec18 retary of Homeland Security (Transportation Security Ad19 ministration) shall carry out a pilot program to evaluate

20 the use of blast-resistant containers for cargo and baggage

21 on passenger aircraft to minimize the potential effects of

22 detonation of an explosive device.

23 (b) INCENTIVES FOR PARTICIPATION IN PILOT PRO24 GRAM.—
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1 (1) IN GENERAL.—As part of the pilot program,

2 the Assistant Secretary shall provide incentives to air

3 carriers to volunteer to test the use of blast-resistant

4 containers for cargo and baggage on passenger air5 craft.

6 (2) APPLICATIONS.—To volunteer to participate

7 in the incentive program, an air carrier shall submit

8 to the Assistant Secretary an application that is in

9 such form and contains such information as the As10 sistant Secretary requires.

11 (3) TYPES OF ASSISTANCE.—Assistance provided

12 by the Assistant Secretary to air carriers that volun13 teer to participate in the pilot program shall include

14 the use of blast-resistant containers and financial as15 sistance to cover increased costs to the carriers associ16 ated with the use and maintenance of the containers,

17 including increased fuel costs.

18 (c) REPORT.—Not later than one year after the date

19 of enactment of this Act, the Assistant Secretary shall sub20 mit to appropriate congressional committees a report on the

21 results of the pilot program.

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated to carry out this section

24 $2,000,000. Such sums shall remain available until ex25 pended.
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1 SEC. 2176. AIR CARGO SCREENING TECHNOLOGY.

2 The Transportation Security Administration shall de3 velop technology to better identify, track, and screen air

4 cargo.

5 SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE

6 DETECTION.

7 Section 44940 of title 49, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(i) CHECKPOINT SCREENING SECURITY FUND.—

10 ‘‘(1) ESTABLISHMENT.—There is established in

11 the Department of Homeland Security a fund to be

12 known as the ‘Checkpoint Screening Security Fund’.

13 ‘‘(2) DEPOSITS.—In each of fiscal years 2005

14 and 2006, after amounts are made available under

15 section 44923(h), the next $30,000,000 derived from

16 fees received under subsection (a)(1) shall be available

17 to be deposited in the Fund.

18 ‘‘(3) FEES.—The Secretary of Homeland Secu19 rity shall impose the fee authorized by subsection

20 (a)(1) so as to collect at least $30,000,000 in each of

21 fiscal years 2005 and 2006 for deposit into the Fund.

22 ‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in

23 the Fund shall be available for the purchase, deploy24 ment, and installation of equipment to improve the

25 ability of security screening personnel at screening

26 checkpoints to detect explosives.’’.
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1 SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT.

2 (a) PILOT PROGRAM.—The Transportation Security

3 Administration shall develop, not later than 120 days after

4 the date of enactment of this Act, and conduct a pilot pro5 gram to test, integrate, and deploy next generation security

6 checkpoint screening technology at not less than 5 airports

7 in the United States.

8 (b) HUMAN FACTOR STUDIES.—The Administration

9 shall conduct human factors studies to improve screener

10 performance as part of the pilot program under subsection

11 (a).

12 SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT

13 DOOR.

14 (a) CIVIL PENALTY.—Section 46301(a) of title 49,

15 United States Code, is amended by adding at the end the

16 following:

17 ‘‘(6) PENALTY FOR FAILURE TO SECURE FLIGHT

18 DECK DOOR.—Any person holding a part 119 certifi19 cate under part of title 14, Code of Federal Regula20 tions, is liable to the Government for a civil penalty

21 of not more than $25,000 for each violation, by the

22 pilot in command of an aircraft owned or operated

23 by such person, of any Federal regulation that re24 quires that the flight deck door be closed and locked

25 when the aircraft is being operated.’’.

26 (b) TECHNICAL CORRECTIONS.—
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1 (1) COMPROMISE AND SETOFF FOR FALSE INFOR2 MATION.—Section 46302(b)(1) of such title is amend3 ed by striking ‘‘Secretary of Transportation’’ and in4 serting ‘‘Secretary of Homeland Security and, for a

5 violation relating to section 46504, the Secretary of

6 Transportation,’’.

7 (2) CARRYING A WEAPON.—Section 46303 of

8 such title is amended—

9 (A) in subsection (b)(1) by striking ‘‘Sec10 retary of Transportation’’ and inserting ‘‘Sec11 retary of Homeland Security’’; and

12 (B) in subsection (c)(2) by striking ‘‘Under

13 Secretary of Transportation for Security’’ and

14 inserting ‘‘Secretary of Homeland Security’’.

15 (3) ADMINISTRATIVE IMPOSITION OF PEN16 ALTIES.—Section 46301(d) of such title is amended—

17 (A) in the first sentence of paragraph (2) by

18 striking ‘‘46302, 46303,’’ and inserting ‘‘46302

19 (for a violation relating to section 46504),’’;

20 (B) in the second sentence of paragraph

21 (2)—

22 (i) by striking ‘‘Under Secretary of

23 Transportation for Security’’ and inserting

24 ‘‘Secretary of Homeland Security’’; and
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1 (ii) by striking ‘‘44909)’’ and inserting

2 ‘‘44909), 46302 (except for a violation relat3 ing to section 46504), 46303,’’;

4 (C) in each of paragraphs (2), (3), and (4)

5 by striking ‘‘Under Secretary or’’ and inserting

6 ‘‘Secretary of Homeland Security or’’; and

7 (D) in paragraph (4)(A) by moving clauses

8 (i), (ii), and (iii) 2 ems to the left.

9 SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY.

10 The Director of the Federal Air Marshal Service of the

11 Department of Homeland Security shall continue to develop

12 operational initiatives to protect the anonymity of Federal

13 air marshals.

14 SEC. 2181. FEDERAL LAW ENFORCEMENT

15 COUNTERTERRORISM TRAINING.

16 (a) The Assistant Secretary for Immigration and Cus17 toms Enforcement and the Director of Federal Air Marshal

18 Service of the Department of Homeland Security, in coordi19 nation with the Assistant Secretary of Homeland Security

20 (Transportation Security Administration), shall make

21 available appropriate in-flight counterterrorism and weap22 ons handling procedures and tactics training to Federal law

23 enforcement officers who fly while on duty.

24 (b) The Assistant Secretary for Immigration and Cus25 toms Enforcement and the Director of Federal Air Marshal
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1 Service of the Department of Homeland Security, in coordi2 nation with the Assistant Secretary of Homeland Security

3 (Transportation Security Administration), shall ensure

4 that Transportation Security Administration screeners and

5 Federal Air Marshals receive training in identifying fraud6 ulent identification documents, including fraudulent or ex7 pired Visas and Passports. Such training shall also be made

8 available to other Federal law enforcement agencies and

9 local law enforcement agencies located in border states.

10 SEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CAR11 RIAGE PILOT PROGRAM.

12 (a) IN GENERAL.—Not later than 90 days after the

13 date of enactment of this Act, the Assistant Secretary of

14 Homeland Security (Transportation Security Administra15 tion) shall implement a pilot program to allow pilots par16 ticipating in the Federal flight deck officer program to

17 transport their firearms on their persons. The Assistant

18 Secretary may prescribe any training, equipment, or proce19 dures including procedures for reporting of missing, lost or

20 stolen firearms, that the Assistant Secretary determines nec21 essary to ensure safety and maximize weapon retention.

22 (b) REVIEW.—Not later than 1 year after the date of

23 initiation of the pilot program, the Assistant Secretary

24 shall conduct a review of the safety record of the pilot pro-
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1 gram and transmit a report on the results of the review

2 to the appropriate congressional committees.

3 (c) OPTION.—If the Assistant Secretary as part of the

4 review under subsection (b) determines that the safety level

5 obtained under the pilot program is comparable to the safe6 ty level determined under existing methods of pilots car7 rying firearms on aircraft, the Assistant Secretary shall

8 allow all pilots participating in the Federal flight deck offi9 cer program the option of carrying their firearm on their

10 person subject to such requirements as the Assistant Sec11 retary determines appropriate.

12 SEC. 2183. REGISTERED TRAVELER PROGRAM.

13 The Transportation Security Administration shall ex14 pedite implementation of the registered traveler program.

15 SEC. 2184. WIRELESS COMMUNICATION.

16 (a) STUDY.—The Transportation Security Adminis17 tration, in consultation with the Federal Aviation Adminis18 tration, shall conduct a study to determine the viability of

19 providing devices or methods, including wireless methods,

20 to enable a flight crew to discreetly notify the pilot in the

21 case of a security breach or safety issue occurring in the

22 cabin.

23 (b) MATTERS TO BE CONSIDERED.—In conducting the

24 study, the Transportation Security Administration and the

25 Federal Aviation Administration shall consider technology
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1 that is readily available and can be quickly integrated and

2 customized for use aboard aircraft for flight crew commu3 nication.

4 (c) REPORT.—Not later than 180 days after the date

5 of enactment of this Act, the Transportation Security Ad6 ministration shall submit to the appropriate congressional

7 committees a report on the results of the study.

8 SEC. 2185. SECONDARY FLIGHT DECK BARRIERS.

9 Not later than 6 months after the date of enactment

10 of this Act, the Assistant Secretary of Homeland Security

11 (Transportation Security Administration) shall transmit to

12 the appropriate congressional committees a report on the

13 costs and benefits associated with the use of secondary flight

14 deck barriers and whether the use of such barriers should

15 be mandated for all air carriers. The Assistant Secretary

16 may transmit the report in a classified format.

17 SEC. 2186. EXTENSION.

18 Section 48301(a) of title 49, United States Code, is

19 amended by striking ‘‘and 2005’’ and inserting ‘‘2005, and

20 2006’’.

21 SEC. 2187. PERIMETER SECURITY.

22 (a) REPORT.—Not later than 180 days after the date

23 of enactment of this Act, the Assistant Secretary of Home24 land Security (Transportation Security Administration),

25 in consultation with airport operators and law enforcement
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1 authorities, shall develop and submit to the appropriate

2 congressional committee a report on airport perimeter secu3 rity. The report may be submitted in a classified format.

4 (b) CONTENTS.—The report shall include—

5 (1) an examination of the feasibility of access

6 control technologies and procedures, including the use

7 of biometrics and other methods of positively identi8 fying individuals prior to entry into secure areas of

9 airports, and provide best practices for enhanced pe10 rimeter access control techniques; and

11 (2) an assessment of the feasibility of physically

12 screening all individuals prior to entry into secure

13 areas of an airport and additional methods for

14 strengthening the background vetting process for all

15 individuals credentialed to gain access to secure areas

16 of airports.

17 SEC. 2188. IN-LINE CHECKED BAGGAGE SCREENING.

18 The Secretary of Homeland Security shall take such

19 action as may be necessary to expedite the installation and

20 use of advanced in-line baggage-screening equipment at

21 commercial airports.

22 SEC. 2189. DEFINITIONS.

23 In this title, the following definitions apply:

24 (1) APPROPRIATE CONGRESSIONAL COM25 MITTEE.—The term ‘‘appropriate congressional com-
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1 mittees’’ means the Committee on Transportation and

2 Infrastructure of the House of Representatives and the

3 Committee on Commerce, Science, and Transpor4 tation of the Senate.

5 (2) AIR CARRIER.—The term ‘‘air carrier’’ has

6 the meaning such term has under section 40102 of

7 title 49, United States Code.

8 (3) SECURE AREA OF AN AIRPORT.—The term

9 ‘‘secure area of an airport’’ means the sterile area

10 and the Secure Identification Display Area of an air11 port (as such terms are defined in section 1540.5 of

12 title 49, Code of Federal Regulations, or any successor

13 regulation to such section).

14 Subtitle H—Other Matters

15 SEC. 2191. GRAND JURY INFORMATION SHARING.

16 (a) RULE AMENDMENTS.—Rule 6(e) of the Federal

17 Rules of Criminal Procedure is amended—

18 (1) in paragraph (3)—

19 (A) in subparagraph (A)(ii), by striking

20 ‘‘or state subdivision or of an Indian tribe’’ and

21 inserting ‘‘, state subdivision, Indian tribe, or

22 foreign government’’;

23 (B) in subparagraph (D)—

24 (i) by inserting after the first sentence

25 the following: ‘‘An attorney for the govern-
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1 ment may also disclose any grand-jury

2 matter involving a threat of actual or po3 tential attack or other grave hostile acts of

4 a foreign power or an agent of a foreign

5 power, domestic or international sabotage,

6 domestic or international terrorism, or

7 clandestine intelligence gathering activities

8 by an intelligence service or network of a

9 foreign power or by an agent of a foreign

10 power, within the United States or else11 where, to any appropriate Federal, State,

12 state subdivision, Indian tribal, or foreign

13 government official for the purpose of pre14 venting or responding to such a threat.’’;

15 and

16 (ii) in clause (i)—

17 (I) by striking ‘‘federal’’; and

18 (II) by adding at the end the fol19 lowing: ‘‘Any State, state subdivision,

20 Indian tribal, or foreign government

21 official who receives information under

22 Rule 6(e)(3)(D) may use the informa23 tion only consistent with such guide24 lines as the Attorney General and the
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1 National Intelligence Director shall

2 jointly issue.’’; and

3 (C) in subparagraph (E)—

4 (i) by redesignating clauses (iii) and

5 (iv) as clauses (iv) and (v), respectively;

6 (ii) by inserting after clause (ii) the

7 following:

8 ‘‘(iii) at the request of the government,

9 when sought by a foreign court or pros10 ecutor for use in an official criminal inves11 tigation;’’; and

12 (iii) in clause (iv), as redesignated—

13 (I) by striking ‘‘state or Indian

14 tribal’’ and inserting ‘‘State, Indian

15 tribal, or foreign’’; and

16 (II) by striking ‘‘or Indian tribal

17 official’’ and inserting ‘‘Indian tribal,

18 or foreign government official’’; and

19 (2) in paragraph (7), by inserting ‘‘, or of guide20 lines jointly issued by the Attorney General and Di21 rector of Central Intelligence pursuant to Rule 6,’’

22 after ‘‘Rule 6’’.

23 (b) CONFORMING AMENDMENT.—Section 203(c) of

24 Public Law 107–56 (18 U.S.C. 2517 note) is amended by
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1 striking ‘‘Rule 6(e)(3)(C)(i)(V) and (VI)’’ and inserting

2 ‘‘Rule 6(e)(3)(D)’’.

3 SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND IN4 TELLIGENCE DATA SYSTEM.

5 (a) FINDINGS.—The Congress finds as follows:

6 (1) The interoperable electronic data system

7 know as the ‘‘Chimera system’’, and required to be de8 veloped and implemented by section 202(a)(2) of the

9 Enhanced Border Security and Visa Entry Reform

10 Act of 2002 (8 U.S.C. 1722(a)(2)), has not in any

11 way been implemented.

12 (2) Little progress has been made since the enact13 ment of such Act with regard to establishing a process

14 to connect existing trusted systems operated independ15 ently by the respective intelligence agencies.

16 (3) It is advisable, therefore, to assign such re17 sponsibility to the National Intelligence Director.

18 (4) The National Intelligence Director should,

19 pursuant to the amendments made by subsection (c),

20 begin systems planning immediately upon assuming

21 office to deliver an interim system not later than 1

22 year after the date of the enactment of this Act, and

23 to deliver the fully functional Chimera system not

24 later than September 11, 2007.
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1 (5) Both the interim system, and the fully func2 tional Chimera system, should be designed so that in3 telligence officers, Federal law enforcement agencies

4 (as defined in section 2 of such Act (8 U.S.C. 1701)),

5 operational counter-terror support center personnel,

6 consular officers, and Department of Homeland Secu7 rity enforcement officers have access to them.

8 (b) PURPOSES.—The purposes of this section are as

9 follows:

10 (1) To provide the National Intelligence Director

11 with the necessary authority and resources to estab12 lish both an interim data system and, subsequently,

13 a fully functional Chimera system, to collect and

14 share intelligence and operational information with

15 the intelligence community (as defined in section 3(4)

16 of the National Security Act of 1947 (50 U.S.C.

17 401a(4)).

18 (2) To require the National Intelligence Director

19 to establish a state-of-the-art Chimera system with

20 both biometric identification and linguistic capabili21 ties satisfying the best technology standards.

22 (3) To ensure that the National Intelligence Cen23 ter will have a fully functional capability, not later

24 than September 11, 2007, for interoperable data and
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1 intelligence exchange with the agencies of the intel2 ligence community (as so defined).

3 (c) AMENDMENTS.—

4 (1) IN GENERAL.—Title II of the Enhanced Bor5 der Security and Visa Entry Reform Act of 2002 (8

6 U.S.C. 1721 et seq.) is amended—

7 (A) in section 202(a)—

8 (i) by amending paragraphs (1) and

9 (2) to read as follows:

10 ‘‘(1) INTERIM INTEROPERABLE INTELLIGENCE

11 DATA EXCHANGE SYSTEM.—Not later than 1 year

12 after assuming office, the National Intelligence Direc13 tor shall establish an interim interoperable intel14 ligence data exchange system that will connect the

15 data systems operated independently by the entities

16 in the intelligence community and by the National

17 Counterterrorism Center, so as to permit automated

18 data exchange among all of these entities. Imme19 diately upon assuming office, the National Intel20 ligence Director shall begin the plans necessary to es21 tablish such interim system.

22 ‘‘(2) CHIMERA SYSTEM.—Not later than Sep23 tember 11, 2007, the National Intelligence Director

24 shall establish a fully functional interoperable law en25 forcement and intelligence electronic data system
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1 within the National Counterterrorism Center to pro2 vide immediate access to information in databases of

3 Federal law enforcement agencies and the intelligence

4 community that is necessary to identify terrorists,

5 and organizations and individuals that support ter6 rorism. The system established under this paragraph

7 shall referred to as the ‘Chimera system’. ’’;

8 (ii) in paragraph (3)—

9 (I) by striking ‘‘President’’ and

10 inserting ‘‘National Intelligence Direc11 tor’’; and

12 (II) by striking ‘‘the data system’’

13 and inserting ‘‘the interim system de14 scribed in paragraph (1) and the Chi15 mera system described in paragraph

16 (2)’’;

17 (iii) in paragraph (4)(A), by striking

18 ‘‘The data system’’ and all that follows

19 through ‘‘(2),’’ and inserting ‘‘The interim

20 system described in paragraph (1) and the

21 Chimera system described in paragraph

22 (2)’’;

23 (iv) in paragraph (5)—

24 (I) in the matter preceding sub25 paragraph (A), by striking ‘‘data sys-
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1 tem under this subsection’’ and insert2 ing ‘‘Chimera system described in

3 paragraph (2)’’;

4 (II) in subparagraph (B), by

5 striking ‘‘and’’ at the end;

6 (III) in subparagraph (C), by

7 striking the period at the end and in8 serting ‘‘; and’’; and

9 (IV) by adding at the end the fol10 lowing:

11 ‘‘(D) to any Federal law enforcement or in12 telligence officer authorized to assist in the inves13 tigation, identification, or prosecution of terror14 ists, alleged terrorists, individuals supporting

15 terrorist activities, and individuals alleged to

16 support terrorist activities. ’’; and

17 (v) in paragraph (6)—

18 (I) by striking ‘‘President’’ and

19 inserting ‘‘National Intelligence Direc20 tor’’;

21 (II) by striking ‘‘the data system’’

22 and all that follows through ‘‘(2),’’ and

23 inserting ‘‘the interim system described

24 in paragraph (1) and the Chimera sys25 tem described in paragraph (2)’’;
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1 (B) in section 202(b)—

2 (i) in paragraph (1), by striking ‘‘The

3 interoperable’’ and all that follows through

4 ‘‘subsection (a)’’ and inserting ‘‘the Chi5 mera system described in subsection (a)(2)’’;

6 (ii) in paragraph (2), by striking

7 ‘‘interoperable electronic database’’ and in8 serting ‘‘Chimera system described in sub9 section (a)(2)’’; and

10 (iii) by amending paragraph (4) to

11 read as follows:

12 ‘‘(4) INTERIM REPORTS.—Not later than 6

13 months after assuming office, the National Intel14 ligence Director shall submit a report to the appro15 priate committees of Congress on the progress in im16 plementing each requirement of this section.’’;

17 (C) in section 204—

18 (i) by striking ‘‘Attorney General’’

19 each place such term appears and inserting

20 ‘‘National Intelligence Director’’;

21 (ii) in subsection (d)(1), by striking

22 ‘‘Attorney General’s’’ and inserting ‘‘Na23 tional Intelligence Director’s’’; and

24 (D) by striking section 203 and redesig25 nating section 204 as section 203.
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1 (2) CLERICAL AMENDMENT.—The table of con2 tents for the Enhanced Border Security and Visa

3 Entry Reform Act of 2002 (8 U.S.C. 1701 et seq.) is

4 amended—

5 (A) by striking the item relating to section

6 203; and

7 (B) by redesignating the item relating to

8 section 204 as relating to section 203.

9 SEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILITIES

10 OF THE FEDERAL BUREAU OF INVESTIGA11 TION.

12 (a) FINDINGS.—Consistent with the report of the Na13 tional Commission on Terrorist Attacks Upon the United

14 States and to meet the intelligence needs of the United

15 States, Congress makes the following findings:

16 (1) The Federal Bureau of Investigation has

17 made significant progress in improving its intel18 ligence capabilities.

19 (2) The Federal Bureau of Investigation must

20 further enhance and fully institutionalize its ability

21 to prevent, preempt, and disrupt terrorist threats to

22 our homeland, our people, our allies, and our inter23 ests.

24 (3) The Federal Bureau of Investigation must

25 collect, process, share, and disseminate, to the greatest
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1 extent permitted by applicable law, to the President,

2 the Vice President, and other officials in the Execu3 tive Branch, all terrorism information and other in4 formation necessary to safeguard our people and ad5 vance our national and homeland security interests.

6 (4) The Federal Bureau of Investigation must

7 move towards full and seamless coordination and co8 operation with all other elements of the Intelligence

9 Community, including full participation in, and sup10 port to, the National Counterterrorism Center.

11 (5) The Federal Bureau of Investigation must

12 strengthen its pivotal role in coordination and co13 operation with Federal, State, tribal, and local law

14 enforcement agencies to ensure the necessary sharing

15 of information for counterterrorism and criminal law

16 enforcement purposes.

17 (6) The Federal Bureau of Investigation must

18 perform its vital intelligence functions in a manner

19 consistent with both with national intelligence prior20 ities and respect for privacy and other civil liberties

21 under the Constitution and laws of the United States.

22 (b) IMPROVEMENT OF INTELLIGENCE CAPABILITIES.—

23 The Director of the Federal Bureau of Investigation shall

24 establish a comprehensive intelligence program for—
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1 (1) intelligence analysis, including recruitment

2 and hiring of analysts, analyst training, priorities

3 and status for analysis, and analysis performance

4 measures;

5 (2) intelligence production, including product

6 standards, production priorities, information sharing

7 and dissemination, and customer satisfaction meas8 ures;

9 (3) production of intelligence that is responsive

10 to national intelligence requirements and priorities,

11 including measures of the degree to which each FBI

12 headquarters and field component is collecting and

13 providing such intelligence;

14 (4) intelligence sources, including source valida15 tion, new source development, and performance meas16 ures;

17 (5) field intelligence operations, including staff18 ing and infrastructure, management processes, prior19 ities, and performance measures;

20 (6) full and seamless coordination and coopera21 tion with the other components of the Intelligence

22 Community, consistent with their responsibilities;

23 and

24 (7) sharing of FBI intelligence and information

25 across Federal, state, and local governments, with the
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1 private sector, and with foreign partners as provided

2 by law or by guidelines of the Attorney General.

3 (c) INTELLIGENCE DIRECTORATE.—The Director of the

4 Federal Bureau of Investigation shall establish an Intel5 ligence Directorate within the FBI. The Intelligence Direc6 torate shall have the authority to manage and direct the

7 intelligence operations of all FBI headquarters and field

8 components. The Intelligence Directorate shall have respon9 sibility for all components and functions of the FBI nec10 essary for—

11 (1) oversight of FBI field intelligence operations;

12 (2) FBI human source development and manage13 ment;

14 (3) FBI collection against nationally-determined

15 intelligence requirements;

16 (4) language services;

17 (5) strategic analysis;

18 (6) intelligence program and budget manage19 ment; and

20 (7) the intelligence workforce.

21 (d) NATIONAL SECURITY WORKFORCE.—The Director

22 of the Federal Bureau of Investigation shall establish a spe23 cialized, integrated intelligence cadre composed of Special

24 Agents, analysts, linguists, and surveillance specialists in

25 a manner which creates and sustains within the FBI a
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1 workforce with substantial expertise in, and commitment

2 to, the intelligence mission of the FBI. The Director shall—

3 (1) ensure that these FBI employees may make

4 their career, including promotion to the most senior

5 positions in the FBI, within this career track;

6 (2) establish intelligence cadre requirements

7 for—

8 (A) training;

9 (B) career development and certification;

10 (C) recruitment, hiring, and selection;

11 (D) integrating field intelligence teams; and

12 (E) senior level field management;

13 (3) establish intelligence officer certification re14 quirements, including requirements for training

15 courses and assignments to other intelligence, na16 tional security, or homeland security components of

17 the Executive branch, in order to advance to senior

18 operational management positions in the FBI;

19 (4) ensure that the FBI’s recruitment and train20 ing program enhances its ability to attract individ21 uals with educational and professional backgrounds

22 in intelligence, international relations, language,

23 technology, and other skills relevant to the intelligence

24 mission of the FBI;
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1 (5) ensure that all Special Agents and analysts

2 employed by the FBI after the date of the enactment

3 of this Act shall receive basic training in both crimi4 nal justice matters and intelligence matters;

5 (6) ensure that all Special Agents employed by

6 the FBI after the date of the enactment of this Act,

7 to the maximum extent practicable, be given an op8 portunity to undergo, during their early service with

9 the FBI, meaningful assignments in criminal justice

10 matters and in intelligence matters;

11 (7) ensure that, to the maximum extent prac12 tical, Special Agents who specialize in intelligence are

13 afforded the opportunity to work on intelligence mat14 ters over the remainder of their career with the FBI;

15 and

16 (8) ensure that, to the maximum extent prac17 tical, analysts are afforded FBI training and career

18 opportunities commensurate with the training and

19 career opportunities afforded analysts in other ele20 ments of the intelligence community.

21 (e) FIELD OFFICE MATTERS.—The Director of the

22 Federal Bureau of Investigation shall take appropriate ac23 tions to ensure the integration of analysis, Special Agents,

24 linguists, and surveillance personnel in FBI field intel25 ligence components and to provide effective leadership and
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1 infrastructure to support FBI field intelligence components.

2 The Director shall—

3 (1) ensure that each FBI field office has an offi4 cial at the level of Assistant Special Agent in Charge

5 or higher with responsibility for the FBI field intel6 ligence component; and

7 (2) to the extent practicable, provide for such ex8 pansion of special compartmented information facili9 ties in FBI field offices as is necessary to ensure the

10 discharge by the field intelligence components of the

11 national security and criminal intelligence mission of

12 the FBI.

13 (g) BUDGET MATTERS.—The Director of the Federal

14 Bureau of Investigation shall, in consultation with the Di15 rector of the Office of Management and Budget, modify the

16 budget structure of the FBI in order to organize the budget

17 according to its four main programs as follows:

18 (1) Intelligence.

19 (2) Counterterrorism and counterintelligence.

20 (3) Criminal enterprise/Federal crimes.

21 (4) Criminal justice services.

22 (h) REPORTS.—

23 (1)(A) Not later than 180 days after the date of

24 the enactment of this Act, and every twelve months

25 thereafter, the Director of the Federal Bureau of In-
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1 vestigation shall submit to Congress a report on the

2 progress made as of the date of such report in car3 rying out the requirements of this section.

4 (B) The Director shall include in the first report

5 required by subparagraph (A) an estimate of the re6 sources required to complete the expansion of special

7 compartmented information facilities to carry out the

8 intelligence mission of FBI field intelligence compo9 nents.

10 (2) In each annual report required by paragraph

11 (1)(A) the director shall include—

12 (A) a report on the progress made by each

13 FBI field office during the period covered by

14 such review in addressing FBI and national in15 telligence priorities;

16 (B) a report assessing the qualifications,

17 status, and roles of analysts at FBI headquarters

18 and in FBI field offices; and

19 (C) a report on the progress of the FBI in

20 implementing information-sharing principles.

21 (3) A report required by this subsection shall be

22 submitted—

23 (A) to each committee of Congress that has

24 jurisdiction over the subject matter of such re25 port; and
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1 (B) in unclassified form, but may include a

2 classified annex.

3 SEC. 2194. AUTHORIZATION AND CHANGE OF COPS PRO4 GRAM TO SINGLE GRANT PROGRAM.

5 (a) IN GENERAL.—Section 1701 of title I of the Omni6 bus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

7 3796dd) is amended—

8 (1) by amending subsection (a) to read as fol9 lows:

10 ‘‘(a) GRANT AUTHORIZATION.—The Attorney General

11 shall carry out a single grant program under which the At12 torney General makes grants to States, units of local gov13 ernment, Indian tribal governments, other public and pri14 vate entities, and multi-jurisdictional or regional consortia

15 for the purposes described in subsection (b).’’;

16 (2) by striking subsections (b) and (c);

17 (3) by redesignating subsection (d) as subsection

18 (b), and in that subsection—

19 (A) by striking ‘‘ADDITIONAL GRANT

20 PROJECTS.—Grants made under subsection (a)

21 may include programs, projects, and other ac22 tivities to—’’ and inserting ‘‘USES OF GRANT

23 AMOUNTS.—The purposes for which grants made

24 under subsection (a) may be made are—’’;
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1 (B) by redesignating paragraphs (1)

2 through (12) as paragraphs (6) through (17), re3 spectively;

4 (C) by inserting before paragraph (5) (as so

5 redesignated) the following new paragraphs:

6 ‘‘(1) rehire law enforcement officers who have

7 been laid off as a result of State and local budget re8 ductions for deployment in community-oriented polic9 ing;

10 ‘‘(2) hire and train new, additional career law

11 enforcement officers for deployment in community12 oriented policing across the Nation;

13 ‘‘(3) procure equipment, technology, or support

14 systems, or pay overtime, to increase the number of

15 officers deployed in community-oriented policing;

16 ‘‘(4) improve security at schools and on school

17 grounds in the jurisdiction of the grantee through—

18 ‘‘(A) placement and use of metal detectors,

19 locks, lighting, and other deterrent measures;

20 ‘‘(B) security assessments;

21 ‘‘(C) security training of personnel and stu22 dents;

23 ‘‘(D) coordination with local law enforce24 ment; and
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1 ‘‘(E) any other measure that, in the deter2 mination of the Attorney General, may provide

3 a significant improvement in security;

4 ‘‘(5) pay for officers hired to perform intel5 ligence, anti-terror, or homeland security duties exclu6 sively;’’; and

7 (D) by amending paragraph (9) (as so re8 designated) to read as follows:

9 ‘‘(8) develop new technologies, including inter10 operable communications technologies, modernized

11 criminal record technology, and forensic technology,

12 to assist State and local law enforcement agencies in

13 reorienting the emphasis of their activities from react14 ing to crime to preventing crime and to train law en15 forcement officers to use such technologies;’’;

16 (4) by redesignating subsections (e) through (k)

17 as subsections (c) through (i), respectively;

18 (5) in subsection (c) (as so redesignated) by

19 striking ‘‘subsection (i)’’ and inserting ‘‘subsection

20 (g)’’; and

21 (6) by adding at the end the following new sub22 section:

23 ‘‘(j) MATCHING FUNDS FOR SCHOOL SECURITY

24 GRANTS.—Notwithstanding subsection (i), in the case of a
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1 grant under subsection (a) for the purposes described in

2 subsection (b)(4)—

3 ‘‘(1) the portion of the costs of a program pro4 vided by that grant may not exceed 50 percent;

5 ‘‘(2) any funds appropriated by Congress for the

6 activities of any agency of an Indian tribal govern7 ment or the Bureau of Indian Affairs performing law

8 enforcement functions on any Indian lands may be

9 used to provide the non-Federal share of a matching

10 requirement funded under this subsection; and

11 ‘‘(3) the Attorney General may provide, in the

12 guidelines implementing this section, for the require13 ment of paragraph (1) to be waived or altered in the

14 case of a recipient with a financial need for such a

15 waiver or alteration.’’.

16 (b) CONFORMING AMENDMENT.—Section 1702 of title

17 I of such Act (42 U.S.C. 3796dd–1) is amended in sub18 section (d)(2) by striking ‘‘section 1701(d)’’ and inserting

19 ‘‘section 1701(b)’’.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

21 1001(a)(11) of title I of such Act (42 U.S.C. 3793(a)(11))

22 is amended—

23 (1) in subparagraph (A) by striking clause (i)

24 and all that follows through the period at the end and

25 inserting the following:
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1 ‘‘(i) $1,007,624,000 for fiscal year 2005;

2 ‘‘(ii) $1,027,176,000 for fiscal year 2006; and

3 ‘‘(iii) $1,047,119,000 for fiscal year 2007.’’; and

4 (2) in subparagraph (B)—

5 (A) by striking ‘‘section 1701(f)’’ and in6 serting ‘‘section 1701(d)’’; and

7 (B) by striking the third sentence.

8 Subtitle I—Police Badges

9 SEC. 2201. SHORT TITLE.

10 This subtitle may be cited as the ‘‘Badge Security En11 hancement Act of 2004’’ .

12 SEC. 2202. POLICE BADGES.

13 Section 716 of title 18, United States Code, is amended

14 in subsection (b)—

15 (1) by striking paragraphs (2) and (4); and

16 (2) by redesignating paragraph (3) as para17 graph (2).

18 Subtitle J—Railroad Carriers and

19 Mass Transportation Protection

20 Act of 20004

21 SEC. 2301. SHORT TITLE.

22 This subtitle may be cited as the ‘‘Railroad Carriers

23 and Mass Transportation Protection Act of 2004’’.
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1 SEC. 2302. ATTACKS AGAINST RAILROAD CARRIERS AND

2 MASS TRANSPORTATION SYSTEMS.

3 (a) IN GENERAL.—Chapter 97 of title 18, United

4 States Code, is amended by striking sections 1992 through

5 1993 and inserting the following:

6 ‘‘§ 1992. Terrorist attacks and other violence against

7 railroad carriers and against mass trans8 portation systems on land, on water, or

9 through the air

10 ‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a cir11 cumstance described in subsection (c), knowingly—

12 ‘‘(1) wrecks, derails, sets fire to, or disables rail13 road on-track equipment or a mass transportation ve14 hicle;

15 ‘‘(2) with intent to endanger the safety of any

16 person, or with a reckless disregard for the safety of

17 human life, and without the authorization of the rail18 road carrier or mass transportation provider—

19 ‘‘(A) places any biological agent or toxin,

20 destructive substance, or destructive device in,

21 upon, or near railroad on-track equipment or a

22 mass transportation vehicle; or

23 ‘‘(B) releases a hazardous material or a bio24 logical agent or toxin on or near any property

25 described in subparagraph (A) or (B) of para26 graph (3);
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1 ‘‘(3) sets fire to, undermines, makes unworkable,

2 unusable, or hazardous to work on or use, or places

3 any biological agent or toxin, destructive substance,

4 or destructive device in, upon, or near any—

5 ‘‘(A) tunnel, bridge, viaduct, trestle, track,

6 electromagnetic guideway, signal, station, depot,

7 warehouse, terminal, or any other way, struc8 ture, property, or appurtenance used in the oper9 ation of, or in support of the operation of, a rail10 road carrier, without the authorization of the

11 railroad carrier, and with intent to, or knowing

12 or having reason to know such activity would

13 likely, derail, disable, or wreck railroad on-track

14 equipment;

15 ‘‘(B) garage, terminal, structure, track, elec16 tromagnetic guideway, supply, or facility used

17 in the operation of, or in support of the oper18 ation of, a mass transportation vehicle, without

19 the authorization of the mass transportation pro20 vider, and with intent to, or knowing or having

21 reason to know such activity would likely, derail,

22 disable, or wreck a mass transportation vehicle

23 used, operated, or employed by a mass transpor24 tation provider; or
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1 ‘‘(4) removes an appurtenance from, damages, or

2 otherwise impairs the operation of a railroad signal

3 system or mass transportation signal or dispatching

4 system, including a train control system, centralized

5 dispatching system, or highway-railroad grade cross6 ing warning signal, without authorization from the

7 railroad carrier or mass transportation provider;

8 ‘‘(5) with intent to endanger the safety of any

9 person, or with a reckless disregard for the safety of

10 human life, interferes with, disables, or incapacitates

11 any dispatcher, driver, captain, locomotive engineer,

12 railroad conductor, or other person while the person

13 is employed in dispatching, operating, or maintain14 ing railroad on-track equipment or a mass transpor15 tation vehicle;

16 ‘‘(6) commits an act, including the use of a dan17 gerous weapon, with the intent to cause death or seri18 ous bodily injury to any person who is on property

19 described in subparagraph (A) or (B) of paragraph

20 (3), except that this subparagraph shall not apply to

21 rail police officers in acting the course of their law

22 enforcement duties under section 28101 of title 49,

23 United States Code;

24 ‘‘(7) conveys false information, knowing the in25 formation to be false, concerning an attempt or al-
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1 leged attempt that was made, is being made, or is to

2 be made, to engage in a violation of this subsection;

3 or

4 ‘‘(8) attempts, threatens, or conspires to engage

5 in any violation of any of paragraphs (1) through

6 (7);

7 shall be fined under this title or imprisoned not more than

8 20 years, or both.

9 ‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an

10 offense under subsection (a) of this section in a cir11 cumstance in which—

12 ‘‘(1) the railroad on-track equipment or mass

13 transportation vehicle was carrying a passenger or

14 employee at the time of the offense;

15 ‘‘(2) the railroad on-track equipment or mass

16 transportation vehicle was carrying high-level radio17 active waste or spent nuclear fuel at the time of the

18 offense;

19 ‘‘(3) the railroad on-track equipment or mass

20 transportation vehicle was carrying a hazardous ma21 terial at the time of the offense that—

22 ‘‘(A) was required to be placarded under

23 subpart F of part 172 of title 49, Code of Federal

24 Regulations; and
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1 ‘‘(B) is identified as class number 3, 4, 5,

2 6.1, or 8 and packing group I or packing group

3 II, or class number 1, 2, or 7 under the haz4 ardous materials table of section 172.101 of title

5 49, Code of Federal Regulations; or

6 ‘‘(4) the offense results in the death of any per7 son;

8 shall be fined under this title or imprisoned for any term

9 of years or life, or both. In the case of a violation described

10 in paragraph (2) of this subsection, the term of imprison11 ment shall be not less than 30 years; and, in the case of

12 a violation described in paragraph (4) of this subsection,

13 the offender shall be fined under this title and imprisoned

14 for life and be subject to the death penalty.

15 ‘‘(c) CIRCUMSTANCES REQUIRED FOR OFFENSE.—A

16 circumstance referred to in subsection (a) is any of the fol17 lowing:

18 ‘‘(1) Any of the conduct required for the offense

19 is, or, in the case of an attempt, threat, or conspiracy

20 to engage in conduct, the conduct required for the

21 completed offense would be, engaged in, on, against,

22 or affecting a mass transportation provider or rail23 road carrier engaged in or affecting interstate or for24 eign commerce.
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1 ‘‘(2) Any person travels or communicates across

2 a State line in order to commit the offense, or trans3 ports materials across a State line in aid of the com4 mission of the offense.

5 ‘‘(d) DEFINITIONS.—In this section—

6 ‘‘(1) the term ‘biological agent’ has the meaning

7 given to that term in section 178(1);

8 ‘‘(2) the term ‘dangerous weapon’ means a weap9 on, device, instrument, material, or substance, ani10 mate or inanimate, that is used for, or is readily ca11 pable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 21 12 ⁄2

13 inches in length and a box cutter;

14 ‘‘(3) the term ‘destructive device’ has the mean15 ing given to that term in section 921(a)(4);

16 ‘‘(4) the term ‘destructive substance’ means an

17 explosive substance, flammable material, infernal ma18 chine, or other chemical, mechanical, or radioactive

19 device or material, or matter of a combustible, con20 taminative, corrosive, or explosive nature, except that

21 the term ‘radioactive device’ does not include any ra22 dioactive device or material used solely for medical,

23 industrial, research, or other peaceful purposes;

24 ‘‘(5) the term ‘hazardous material’ has the mean25 ing given to that term in chapter 51 of title 49;
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1 ‘‘(6) the term ‘high-level radioactive waste’ has

2 the meaning given to that term in section 2(12) of the

3 Nuclear Waste Policy Act of 1982 (42 U.S.C.

4 10101(12));

5 ‘‘(7) the term ‘mass transportation’ has the

6 meaning given to that term in section 5302(a)(7) of

7 title 49, except that the term includes school bus,

8 charter, and sightseeing transportation;

9 ‘‘(8) the term ‘on-track equipment’ means a car10 riage or other contrivance that runs on rails or elec11 tromagnetic guideways;

12 ‘‘(9) the term ‘railroad on-track equipment’

13 means a train, locomotive, tender, motor unit, freight

14 or passenger car, or other on-track equipment used,

15 operated, or employed by a railroad carrier;

16 ‘‘(10) the term ‘railroad’ has the meaning given

17 to that term in chapter 201 of title 49;

18 ‘‘(11) the term ‘railroad carrier’ has the meaning

19 given to that term in chapter 201 of title 49;

20 ‘‘(12) the term ‘serious bodily injury’ has the

21 meaning given to that term in section 1365;

22 ‘‘(13) the term ‘spent nuclear fuel’ has the mean23 ing given to that term in section 2(23) of the Nuclear

24 Waste Policy Act of 1982 (42 U.S.C. 10101(23));
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1 ‘‘(14) the term ‘State’ has the meaning given to

2 that term in section 2266;

3 ‘‘(15) the term ‘toxin’ has the meaning given to

4 that term in section 178(2); and

5 ‘‘(16) the term ‘vehicle’ means any carriage or

6 other contrivance used, or capable of being used, as a

7 means of transportation on land, on water, or

8 through the air.’’.

9 (b) CONFORMING AMENDMENTS.—

10 (1) The table of sections at the beginning of

11 chapter 97 of title 18, United States Code, is

12 amended—

13 (A) by striking ‘‘RAILROADS’’ in the

14 chapter heading and inserting ‘‘RAILROAD

15 CARRIERS AND MASS TRANSPOR16 TATION SYSTEMS ON LAND, ON

17 WATER, OR THROUGH THE AIR’’;

18 (B) by striking the items relating to sections

19 1992 and 1993; and

20 (C) by inserting after the item relating to

21 section 1991 the following:

‘‘1992. Terrorist attacks and other violence against railroad carriers and against

mass transportation systems on land, on water, or through the

air.’’.

22 (2) The table of chapters at the beginning of part

23 I of title 18, United States Code, is amended by strik-
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1 ing the item relating to chapter 97 and inserting the

2 following:

‘‘97. Railroad carriers and mass transportation systems

on land, on water, or through the air ............. 1991’’.

3 (3) Title 18, United States Code, is amended—

4 (A) in section 2332b(g)(5)(B)(i), by striking

5 ‘‘1992 (relating to wrecking trains), 1993 (relat6 ing to terrorist attacks and other acts of violence

7 against mass transportation systems),’’ and in8 serting ‘‘1992 (relating to terrorist attacks and

9 other acts of violence against railroad carriers

10 and against mass transportation systems on

11 land, on water, or through the air),’’;

12 (B) in section 2339A, by striking ‘‘1993,’’;

13 and

14 (C) in section 2516(1)(c) by striking ‘‘1992

15 (relating to wrecking trains),’’ and inserting

16 ‘‘1992 (relating to terrorist attacks and other

17 acts of violence against railroad carriers and

18 against mass transportation systems on land, on

19 water, or through the air),’’.
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1 Subtitle K—Prevention of Terrorist

2 Access to Destructive Weapons

3 Act of 2004

4 SEC. 2401. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Prevention of Ter6 rorist Access to Destructive Weapons Act of 2004’’.

7 SEC. 2402. FINDINGS AND PURPOSE.

8 (a) FINDINGS.—Congress finds the following:

9 (1) The criminal use of man-portable air defense

10 systems (MANPADS) presents a serious threat to civil

11 aviation worldwide, especially in the hands of terror12 ists or foreign states that harbor them.

13 (2) Atomic weapons or weapons designed to re14 lease radiation (‘‘dirty bombs’’) could be used by ter15 rorists to inflict enormous loss of life and damage to

16 property and the environment.

17 (3) Variola virus is the causative agent of small18 pox, an extremely serious, contagious, and sometimes

19 fatal disease. Variola virus is classified as a Category

20 A agent by the Centers for Disease Control and Pre21 vention, meaning that it is believed to pose the great22 est potential threat for adverse public health impact

23 and has a moderate to high potential for large-scale

24 dissemination. The last case of smallpox in the

25 United States was in 1949. The last naturally occur-
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1 ring case in the world was in Somalia in 1977. Al2 though smallpox has been officially eradicated after a

3 successful worldwide vaccination program, there re4 main two official repositories of the variola virus for

5 research purposes. Because it is so dangerous, the

6 variola virus may appeal to terrorists.

7 (4) The use, or even the threatened use, of

8 MANPADS, atomic or radiological weapons, or the

9 variola virus, against the United States, its allies, or

10 its people, poses a grave risk to the security, foreign

11 policy, economy, and environment of the United

12 States. Accordingly, the United States has a compel13 ling national security interest in preventing unlawful

14 activities that lead to the proliferation or spread of

15 such items, including their unauthorized production,

16 construction, acquisition, transfer, possession, import,

17 or export. All of these activities markedly increase the

18 chances that such items will be obtained by terrorist

19 organizations or rogue states, which could use them to

20 attack the United States, its allies, or United States

21 nationals or corporations.

22 (5) There is no legitimate reason for a private

23 individual or company, absent explicit government

24 authorization, to produce, construct, otherwise ac25 quire, transfer, receive, possess, import, export, or use
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1 MANPADS, atomic or radiological weapons, or the

2 variola virus.

3 (b) PURPOSE.—The purpose of this subtitle is to com4 bat the potential use of weapons that have the ability to

5 cause widespread harm to United States persons and the

6 United States economy (and that have no legitimate private

7 use) and to threaten or harm the national security or for8 eign relations of the United States.

9 SEC. 2403. MISSILE SYSTEMS DESIGNED TO DESTROY AIR10 CRAFT.

11 Chapter 113B of title 18, United States Code, is

12 amended by adding after section 2332f the following:

13 ‘‘§ 2332g. Missile systems designed to destroy aircraft

14 ‘‘(a) UNLAWFUL CONDUCT.—

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (3), it shall be unlawful for any person to

17 knowingly produce, construct, otherwise acquire,

18 transfer directly or indirectly, receive, possess, import,

19 export, or use, or possess and threaten to use—

20 ‘‘(A) an explosive or incendiary rocket or

21 missile that is guided by any system designed to

22 enable the rocket or missile to—

23 ‘‘(i) seek or proceed toward energy ra24 diated or reflected from an aircraft or to25 ward an image locating an aircraft; or
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1 ‘‘(ii) otherwise direct or guide the rock2 et or missile to an aircraft;

3 ‘‘(B) any device designed or intended to

4 launch or guide a rocket or missile described in

5 subparagraph (A); or

6 ‘‘(C) any part or combination of parts de7 signed or redesigned for use in assembling or fab8 ricating a rocket, missile, or device described in

9 subparagraph (A) or (B).

10 ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not

11 apply to any device that is neither designed nor rede12 signed for use as a weapon.

13 ‘‘(3) EXCLUDED CONDUCT.—This subsection does

14 not apply with respect to—

15 ‘‘(A) conduct by or under the authority of

16 the United States or any department or agency

17 thereof or of a State or any department or agen18 cy thereof; or

19 ‘‘(B) conduct pursuant to the terms of a

20 contract with the United States or any depart21 ment or agency thereof or with a State or any

22 department or agency thereof.

23 ‘‘(b) JURISDICTION.—Conduct prohibited by subsection

24 (a) is within the jurisdiction of the United States if—
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1 ‘‘(1) the offense occurs in or affects interstate or

2 foreign commerce;

3 ‘‘(2) the offense occurs outside of the United

4 States and is committed by a national of the United

5 States;

6 ‘‘(3) the offense is committed against a national

7 of the United States while the national is outside the

8 United States;

9 ‘‘(4) the offense is committed against any prop10 erty that is owned, leased, or used by the United

11 States or by any department or agency of the United

12 States, whether the property is within or outside the

13 United States; or

14 ‘‘(5) an offender aids or abets any person over

15 whom jurisdiction exists under this subsection in

16 committing an offense under this section or conspires

17 with any person over whom jurisdiction exists under

18 this subsection to commit an offense under this sec19 tion.

20 ‘‘(c) CRIMINAL PENALTIES.—

21 ‘‘(1) IN GENERAL.—Any person who violates, or

22 attempts or conspires to violate, subsection (a) shall

23 be fined not more than $2,000,000 and shall be sen24 tenced to a term of imprisonment not less than 30

25 years or to imprisonment for life.
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1 ‘‘(2) LIFE IMPRISONMENT.—Any person who, in

2 the course of a violation of subsection (a), uses, at3 tempts or conspires to use, or possesses and threatens

4 to use, any item or items described in subsection (a),

5 shall be fined not more than $2,000,000 and impris6 oned for life.

7 ‘‘(3) DEATH PENALTY.—If the death of another

8 results from a person’s violation of subsection (a), the

9 person shall be fined not more than $2,000,000 and

10 punished by death or imprisoned for life.

11 ‘‘(d) DEFINITION.—As used in this section, the term

12 ‘aircraft’ has the definition set forth in section 40102(a)(6)

13 of title 49, United States Code.’’.

14 SEC. 2404. ATOMIC WEAPONS.

15 (a) PROHIBITIONS.—Section 92 of the Atomic Energy

16 Act of 1954 (42 U.S.C. 2122) is amended by—

17 (1) inserting at the beginning ‘‘a.’’ before ‘‘It’’;

18 (2) inserting ‘‘knowingly’’ after ‘‘for any person

19 to’’;

20 (3) striking ‘‘or’’ before ‘‘export’’;

21 (4) striking ‘‘transfer or receive in interstate or

22 foreign commerce,’’ before ‘‘manufacture’’;

23 (5) inserting ‘‘receive,’’ after ‘‘acquire,’’;

24 (6) inserting ‘‘, or use, or possess and threaten

25 to use,’’ before ‘‘any atomic weapon’’;
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1 (7) inserting at the end the following:

2 ‘‘b. Conduct prohibited by subsection a. is within the

3 jurisdiction of the United States if—

4 ‘‘(1) the offense occurs in or affects interstate or

5 foreign commerce; the offense occurs outside of the

6 United States and is committed by a national of the

7 United States;

8 ‘‘(2) the offense is committed against a national

9 of the United States while the national is outside the

10 United States;

11 ‘‘(3) the offense is committed against any prop12 erty that is owned, leased, or used by the United

13 States or by any department or agency of the United

14 States, whether the property is within or outside the

15 United States; or

16 ‘‘(4) an offender aids or abets any person over

17 whom jurisdiction exists under this subsection in

18 committing an offense under this section or conspires

19 with any person over whom jurisdiction exists under

20 this subsection to commit an offense under this sec21 tion.’’.

22 (b) VIOLATIONS.—Section 222 of the Atomic Energy

23 Act of 1954 (42 U.S.C. 2272) is amended by—

24 (1) inserting at the beginning ‘‘a.’’ before ‘‘Who25 ever’’;
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1 (2) striking ‘‘, 92,’’; and

2 (3) inserting at the end the following:

3 ‘‘b. Any person who violates, or attempts or conspires

4 to violate, section 92 shall be fined not more than

5 $2,000,000 and sentenced to a term of imprisonment not

6 less than 30 years or to imprisonment for life. Any person

7 who, in the course of a violation of section 92, uses, attempts

8 or conspires to use, or possesses and threatens to use, any

9 atomic weapon shall be fined not more than $2,000,000 and

10 imprisoned for life. If the death of another results from a

11 person’s violation of section 92, the person shall be fined

12 not more than $2,000,000 and punished by death or impris13 oned for life.’’.

14 SEC. 2405. RADIOLOGICAL DISPERSAL DEVICES.

15 Chapter 113B of title 18, United States Code, is

16 amended by adding after section 2332g the following:

17 ‘‘§ 2332h. Radiological dispersal devices

18 ‘‘(a) UNLAWFUL CONDUCT.—

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), it shall be unlawful for any person to

21 knowingly produce, construct, otherwise acquire,

22 transfer directly or indirectly, receive, possess, import,

23 export, or use, or possess and threaten to use—
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1 ‘‘(A) any weapon that is designed or in2 tended to release radiation or radioactivity at a

3 level dangerous to human life; or

4 ‘‘(B) or any device or other object that is

5 capable of and designed or intended to endanger

6 human life through the release of radiation or

7 radioactivity.

8 ‘‘(2) EXCEPTION.—This subsection does not

9 apply with respect to—

10 ‘‘(A) conduct by or under the authority of

11 the United States or any department or agency

12 thereof; or

13 ‘‘(B) conduct pursuant to the terms of a

14 contract with the United States or any depart15 ment or agency thereof.

16 ‘‘(b) JURISDICTION.—Conduct prohibited by subsection

17 (a) is within the jurisdiction of the United States if—

18 ‘‘(1) the offense occurs in or affects interstate or

19 foreign commerce;

20 ‘‘(2) the offense occurs outside of the United

21 States and is committed by a national of the United

22 States;

23 ‘‘(3) the offense is committed against a national

24 of the United States while the national is outside the

25 United States;
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1 ‘‘(4) the offense is committed against any prop2 erty that is owned, leased, or used by the United

3 States or by any department or agency of the United

4 States, whether the property is within or outside the

5 United States; or

6 ‘‘(5) an offender aids or abets any person over

7 whom jurisdiction exists under this subsection in

8 committing an offense under this section or conspires

9 with any person over whom jurisdiction exists under

10 this subsection to commit an offense under this sec11 tion.

12 ‘‘(c) CRIMINAL PENALTIES.—

13 ‘‘(1) IN GENERAL.—Any person who violates, or

14 attempts or conspires to violate, subsection (a) shall

15 be fined not more than $2,000,000 and shall sentenced

16 to a term of imprisonment not less than 30 years or

17 to imprisonment for life.

18 ‘‘(2) LIFE IMPRISONMENT.—Any person who, in

19 the course of a violation of subsection (a), uses, at20 tempts or conspires to use, or possesses and threatens

21 to use, any item or items described in subsection (a),

22 shall be fined not more than $2,000,000 and impris23 oned for life.

24 ‘‘(3) DEATH PENALTY.—If the death of another

25 results from a person’s violation of subsection (a), the
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1 person shall be fined not more than $2,000,000 and

2 punished by death or imprisoned for life.’’.

3 SEC. 2406. VARIOLA VIRUS.

4 Chapter 10 of title 18, United States Code, is amended

5 by inserting after section 175b the following:

6 ‘‘§ 175c. Variola virus

7 ‘‘(a) UNLAWFUL CONDUCT.—

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), it shall be unlawful for any person to

10 knowingly produce, engineer, synthesize, acquire,

11 transfer directly or indirectly, receive, possess, import,

12 export, or use, or possess and threaten to use, variola

13 virus.

14 ‘‘(2) EXCEPTION.—This subsection does not

15 apply to conduct by, or under the authority of, the

16 Secretary of Health and Human Services.

17 ‘‘(b) JURISDICTION.—Conduct prohibited by subsection

18 (a) is within the jurisdiction of the United States if—

19 ‘‘(1) the offense occurs in or affects interstate or

20 foreign commerce;

21 ‘‘(2) the offense occurs outside of the United

22 States and is committed by a national of the United

23 States;
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1 ‘‘(3) the offense is committed against a national

2 of the United States while the national is outside the

3 United States;

4 ‘‘(4) the offense is committed against any prop5 erty that is owned, leased, or used by the United

6 States or by any department or agency of the United

7 States, whether the property is within or outside the

8 United States; or

9 ‘‘(5) an offender aids or abets any person over

10 whom jurisdiction exists under this subsection in

11 committing an offense under this section or conspires

12 with any person over whom jurisdiction exists under

13 this subsection to commit an offense under this sec14 tion.

15 ‘‘(c) CRIMINAL PENALTIES.—

16 ‘‘(1) IN GENERAL.—Any person who violates, or

17 attempts or conspires to violate, subsection (a) shall

18 be fined not more than $2,000,000 and shall be sen19 tenced to a term of imprisonment not less than 30

20 years or to imprisonment for life.

21 ‘‘(2) LIFE IMPRISONMENT.—Any person who, in

22 the course of a violation of subsection (a), uses, at23 tempts or conspires to use, or possesses and threatens

24 to use, any item or items described in subsection (a),
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1 shall be fined not more than $2,000,000 and impris2 oned for life.

3 ‘‘(3) DEATH PENALTY.—If the death of another

4 results from a person’s violation of subsection (a), the

5 person shall be fined not more than $2,000,000 and

6 punished by death or imprisoned for life.

7 ‘‘(d) DEFINITION.—As used in this section, the term

8 ‘variola virus’ means a virus that can cause human small9 pox or any derivative of the variola major virus that con10 tains more than 85 percent of the gene sequence of the

11 variola major virus or the variola minor virus.’’.

12 SEC. 2407. INTERCEPTION OF COMMUNICATIONS.

13 Section 2516(1) of title 18, United States Code, is

14 amended—

15 (1) in paragraph (a), by inserting ‘‘2122 and’’

16 after ‘‘sections’’;

17 (2) in paragraph (c), by inserting ‘‘section 175c

18 (relating to variola virus),’’ after ‘‘section 175 (relat19 ing to biological weapons),’’; and

20 (3) in paragraph (q), by inserting ‘‘2332g,

21 2332h,’’ after ‘‘2332f,’’.

22 SEC. 2408. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF

23 TITLE 18, UNITED STATES CODE.

24 Section 2332b(g)(5)(B) of title 18, United States Code,

25 is amended—
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1 (1) in clause (i)—

2 (A) by inserting before ‘‘2339 (relating to

3 harboring terrorists)’’ the following: ‘‘2332g (re4 lating to missile systems designed to destroy air5 craft), 2332h (relating to radiological dispersal

6 devices),’’; and

7 (B) by inserting ‘‘175c (relating to variola

8 virus),’’ after ‘‘175 or 175b (relating to biological

9 weapons),’’; and

10 (2) in clause (ii)—

11 (A) by striking ‘‘section’’ and inserting

12 ‘‘sections 92 (relating to prohibitions governing

13 atomic weapons) or’’; and

14 (B) by inserting ‘‘2122 or’’ before ‘‘2284’’.

15 SEC. 2409. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE

16 18, UNITED STATES CODE.

17 Section 1956(c)(7)(D), title 18, United States Code, is

18 amended—

19 (1) by inserting after ‘‘section 152 (relating to

20 concealment of assets; false oaths and claims; brib21 ery),’’ the following: ‘‘section 175c (relating to the

22 variola virus),’’;

23 (2) by inserting after ‘‘section 2332(b) (relating

24 to international terrorist acts transcending national

25 boundaries),’’ the following: ‘‘section 2332g (relating
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1 to missile systems designed to destroy aircraft), sec2 tion 2332h (relating to radiological dispersal de3 vices),’’; and

4 (3) striking ‘‘or’’ after ‘‘any felony violation of

5 the Foreign Agents Registration Act of 1938,’’ and

6 after ‘‘any felony violation of the Foreign Corrupt

7 Practices Act’’, striking ‘‘;’’ and inserting ‘‘, or sec8 tion 92 of the Atomic Energy Act of 1954 (42 U.S.C.

9 2122) (relating to prohibitions governing atomic

10 weapons)’’.

11 SEC. 2410. EXPORT LICENSING PROCESS.

12 Section 38(g)(1)(A) of the Arms Export Control Act

13 (22 U.S.C. 2778) is amended—

14 (1) by striking ‘‘or’’ before ‘‘(xi)’’; and

15 (2) by inserting after clause (xi) the following:

16 ‘‘or (xii) section 3, 4, 5, and 6 of the Prevention of

17 Terrorist Access to Destructive Weapons Act of 2004,

18 relating to missile systems designed to destroy air19 craft (18 U.S.C. 2332g), prohibitions governing atom20 ic weapons (42 U.S.C. 2122), radiological dispersal

21 devices (18 U.S.C. 2332h), and variola virus (18

22 U.S.C. 175b);’’.
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1 SEC. 2411. CLERICAL AMENDMENTS.

2 (a) CHAPTER 113B.—The table of sections for chapter

3 113B of title 18, United States Code, is amended by insert4 ing the following after the item for section 2332f:

‘‘2332g. Missile systems designed to destroy aircraft.

‘‘2332h. Radiological dispersal devices.’’.

5 (b) CHAPTER 10.—The table of sections for chapter 10

6 of title 18, United States Code, is amended by inserting

7 the following item after the item for section 175b:

‘‘175c. Variola virus.’’.

8 Subtitle L—Terrorist Penalties

9 Enhancement Act of 2004

10 SEC. 2501. SHORT TITLE.

11 This subtitle may be cited as the ‘‘Terrorist Penalties

12 Enhancement Act of 2004’’.

13 SEC. 2502. PENALTIES FOR TERRORIST OFFENSES RESULT14 ING IN DEATH; DENIAL OF FEDERAL BENE15 FITS TO TERRORISTS.

16 (a) IN GENERAL.—Chapter 113B of title 18, United

17 States Code, is amended by adding at the end the following:

18 ‘‘§ 2339E. Terrorist offenses resulting in death

19 ‘‘(a) Whoever, in the course of committing a terrorist

20 offense, engages in conduct that results in the death of a

21 person, shall be punished by death or imprisoned for any

22 term of years or for life.
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1 ‘‘(b) As used in this section, the term ‘terrorist offense’

2 means—

3 ‘‘(1) a Federal felony offense that is—

4 ‘‘(A) a Federal crime of terrorism as de5 fined in section 2332b(g) except to the extent

6 such crime is an offense under section 1363; or

7 ‘‘(B) an offense under this chapter, section

8 175, 175b, 229, or 831, or section 236 of the

9 Atomic Energy Act of 1954; or

10 ‘‘(2) a Federal offense that is an attempt or con11 spiracy to commit an offense described in paragraph

12 (1).

13 ‘‘§ 2339F. Denial of Federal benefits to terrorists

14 ‘‘(a) An individual or corporation who is convicted of

15 a terrorist offense (as defined in section 2339E) shall, as

16 provided by the court on motion of the Government, be in17 eligible for any or all Federal benefits for any term of years

18 or for life.

19 ‘‘(b) As used in this section, the term ‘Federal benefit’

20 has the meaning given that term in section 421(d) of the

21 Controlled Substances Act, and also includes any assistance

22 or benefit described in section 115(a) of the Personal Re23 sponsibility and Work Opportunity Reconciliation Act of

24 1996, with the same limitations and to the same extent as
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1 provided in section 115 of that Act with respect to denials

2 of benefits and assistance to which that section applies.’’.

3 (b) CONFORMING AMENDMENT TO TABLE OF SEC4 TIONS.—The table of sections at the beginning of the chapter

5 113B of title 18, United States Code, is amended by adding

6 at the end the following new items:

‘‘2339E. Terrorist offenses resulting in death.

‘‘2339F. Denial of federal benefits to terrorists.’’.

7 (c) AGGRAVATING FACTOR IN DEATH PENALTY

8 CASES.—Section 3592(c)(1) of title 18, United States Code,

9 is amended by inserting ‘‘section 2339E (terrorist offenses

10 resulting in death),’’ after ‘‘destruction),’’.

11 SEC. 2503. DEATH PENALTY IN CERTAIN AIR PIRACY CASES

12 OCCURRING BEFORE ENACTMENT OF THE

13 FEDERAL DEATH PENALTY ACT OF 1994.

14 Section 60003 of the Violent Crime Control and Law

15 Enforcement Act of 1994, (Public Law 103–322), is amend16 ed, as of the time of its enactment, by adding at the end

17 the following:

18 ‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN

19 PREVIOUS AIRCRAFT PIRACY VIOLATIONS.—An individual

20 convicted of violating section 46502 of title 49, United

21 States Code, or its predecessor, may be sentenced to death

22 in accordance with the procedures established in chapter

23 228 of title 18, United States Code, if for any offense com24 mitted before the enactment of the Violent Crime Control
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1 and Law Enforcement Act of 1994 (Public Law 103–322),

2 but after the enactment of the Antihijacking Act of 1974

3 (Public Law 93–366), it is determined by the finder of fact,

4 before consideration of the factors set forth in sections

5 3591(a)(2) and 3592(a) and (c) of title 18, United States

6 Code, that one or more of the factors set forth in former

7 section 46503(c)(2) of title 49, United States Code, or its

8 predecessor, has been proven by the Government to exist,

9 beyond a reasonable doubt, and that none of the factors set

10 forth in former section 46503(c)(1) of title 49, United States

11 Code, or its predecessor, has been proven by the defendant

12 to exist, by a preponderance of the information. The mean13 ing of the term ‘especially heinous, cruel, or depraved’, as

14 used in the factor set forth in former section

15 46503(c)(2)(B)(iv) of title 49, United States Code, or its

16 predecessor, shall be narrowed by adding the limiting lan17 guage ‘in that it involved torture or serious physical abuse

18 to the victim’, and shall be construed as when that term

19 is used in section 3592(c)(6) of title 18, United States

20 Code.’’.
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1 Subtitle M—Pretrial Detention and

2 Postrelease Supervision of Ter3 rorists

4 SEC. 2601. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Pretrial Detention

6 and Lifetime Supervision of Terrorists Act of 2004’’.

7 SEC. 2602. PRESUMPTION FOR PRETRIAL DETENTION IN

8 CASES INVOLVING TERRORISM.

9 Section 3142 of title 18, United States Code, is

10 amended—

11 (1) in subsection (e)—

12 (A) by inserting ‘‘or’’ before ‘‘the Mari13 time’’; and

14 (B) by inserting after ‘‘or 2332b of title 18

15 of the United States Code’’ the following: ‘‘, or

16 an offense listed in section 2332b(g)(5)(B) of title

17 18 of the United States Code, if the Attorney

18 General certifies that the offense appears by its

19 nature or context to be intended to intimidate or

20 coerce a civilian population, to influence the pol21 icy of a government by intimidation or coercion,

22 or to affect the conduct of a government by mass

23 destruction, assassination, or kidnaping, or an

24 offense involved in or related to domestic or
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1 international terrorism as defined in section

2 2331 of title 18 of the United States Code’’; and

3 (2) in subsections (f)(1)(A) and (g)(1), by insert4 ing after ‘‘violence’’ the following: ‘‘, or an offense list5 ed in section 2332b(g)(5)(B) of title 18 of the United

6 States Code, if the Attorney General certifies that the

7 offense appears by its nature or context to be intended

8 to intimidate or coerce a civilian population, to influ9 ence the policy of a government by intimidation or

10 coercion, or to affect the conduct of a government by

11 mass destruction, assassination, or kidnaping, or an

12 offense involved in or related to domestic or inter13 national terrorism as defined in section 2331 of title

14 18 of the United States Code’’.

15 SEC. 2603. POSTRELEASE SUPERVISION OF TERRORISTS.

16 Section 3583(j) of title 18, United States Code, is

17 amended in subsection (j), by striking ‘‘, the commission’’

18 and all that follows through ‘‘person,’’.
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1 TITLE III—BORDER SECURITY

2 AND TERRORIST TRAVEL

3 Subtitle A—Immigration Reform in

4 the National Interest

5 CHAPTER 1—GENERAL PROVISIONS

6 SEC. 3001. ELIMINATING THE ‘‘WESTERN HEMISPHERE’’ EX7 CEPTION FOR CITIZENS.

8 (a) IN GENERAL.—

9 (1) IN GENERAL.—Section 215(b) of the Immi10 gration and Nationality Act (8 U.S.C. 1185(b)) is

11 amended to read as follows:

12 ‘‘(b)(1) Except as otherwise provided in this sub13 section, it shall be unlawful for any citizen of the United

14 States to depart from or enter, or attempt to depart from

15 or enter, the United States unless the citizen bears a valid

16 United States passport.

17 ‘‘(2) Subject to such limitations and exceptions as the

18 President may authorize and prescribe, the President may

19 waive the application of paragraph (1) in the case of a cit20 izen departing the United States to, or entering the United

21 States from, foreign contiguous territory.

22 ‘‘(3) The President, if waiving the application of para23 graph (1) pursuant to paragraph (2), shall require citizens

24 departing the United States to, or entering the United

25 States from, foreign contiguous territory to bear a document
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1 (or combination of documents) designated by the Secretary

2 of Homeland Security under paragraph (4).

3 ‘‘(4) The Secretary of Homeland Security—

4 ‘‘(A) shall designate documents that are suffi5 cient to denote identity and citizenship in the United

6 States such that they may be used, either individually

7 or in conjunction with another document, to establish

8 that the bearer is a citizen or national of the United

9 States for purposes of lawfully departing from or en10 tering the United States; and

11 ‘‘(B) shall publish a list of those documents in

12 the Federal Register.

13 ‘‘(5) A document or documents may not be designated

14 under paragraph (4) unless the Secretary of Homeland Se15 curity determines that the document or documents ade16 quately identifies or identify the bearer as a citizen of the

17 United States. If a single document is designated, it must

18 be a document that may not be issued to an alien. In no

19 event may a combination of documents be accepted for this

20 purpose unless the Secretary of Homeland Security deter21 mines that at least one of those documents could not be

22 issued to an alien.’’.

23 (2) EFFECTIVE DATE.—The amendment made by

24 paragraph (1) shall take effect on October 1, 2006.

25 (b) INTERIM RULE.—
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1 (1) IN GENERAL.—Not later than 6 months after

2 the date of the enactment of this Act, the Secretary of

3 Homeland Security—

4 (A) shall designate documents that are suffi5 cient to denote identity and citizenship in the

6 United States such that they may be used, either

7 individually or in conjunction with another doc8 ument, to establish that the bearer is a citizen or

9 national of the United States for purposes of

10 lawfully departing from or entering the United

11 States; and

12 (B) shall publish a list of those documents

13 in the Federal Register.

14 (2) LIMITATION ON PRESIDENTIAL AUTHORITY.—

15 Beginning on the date that is 90 days after the publi16 cation described in paragraph (1)(B), the President,

17 notwithstanding section 215(b) of the Immigration

18 and Nationality Act (8 U.S.C. 1185(b)), may not ex19 ercise the President’s authority under such section so

20 as to permit any citizen of the United States to de21 part from or enter, or attempt to depart from or

22 enter, the United States from any country other than

23 foreign contiguous territory, unless the citizen bears a

24 document (or combination of documents) designated

25 under paragraph (1)(A).
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1 (3) CRITERIA FOR DESIGNATION.—A document

2 or documents may not be designated under paragraph

3 (1)(A) unless the Secretary of Homeland Security de4 termines that the document or documents adequately

5 identifies or identify the bearer as a citizen of the

6 United States. If a single document is designated, it

7 must be a document that may not be issued to an

8 alien (as defined in section 101(a)(3) of the Immigra9 tion and Nationality Act (8 U.S.C. 1101(a)(3))). In

10 no event may a combination of documents be accepted

11 for this purpose unless the Secretary of Homeland Se12 curity determines that at least one of those documents

13 could not be issued to an alien (as so defined).

14 (4) EFFECTIVE DATE.—This subsection shall take

15 effect on the date of the enactment of this Act and

16 shall cease to be effective on September 30, 2006.

17 SEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH RE18 SPECT TO DOCUMENTATION REQUIREMENTS

19 FOR NATIONALS OF FOREIGN CONTIGUOUS

20 TERRITORIES AND ADJACENT ISLANDS.

21 (a) IN GENERAL.—Section 212(d)(4) of the Immigra22 tion and Nationality Act (8 U.S.C.1182(d)(4)) is

23 amended—

24 (1) by striking ‘‘Attorney General’’ and inserting

25 ‘‘Secretary of Homeland Security’’;
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1 (2) by striking ‘‘on the basis of reciprocity’’ and

2 all that follows through ‘‘or (C)’’; and

3 (3) by adding at the end the following:

4 ‘‘Either or both of the requirements of such paragraph

5 may also be waived by the Secretary of Homeland Se6 curity and the Secretary of State, acting jointly and

7 on the basis of reciprocity, with respect to nationals

8 of foreign contiguous territory or of adjacent islands,

9 but only if such nationals are required, in order to

10 be admitted into the United States, to be in possession

11 of identification deemed by the Secretary of Home12 land Security to be secure.’’.

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect on December 31, 2006.

15 SEC. 3003. INCREASE IN FULL-TIME BORDER PATROL

16 AGENTS.

17 The Secretary of Homeland Security, in each of fiscal

18 years 2006 through 2010, shall increase by not less than

19 2,000 the number of positions for full-time active-duty bor20 der patrol agents within the Department of Homeland Se21 curity above the number of such positions for which funds

22 were allotted for the preceding fiscal year.
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1 SEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND CUS2 TOMS ENFORCEMENT INVESTIGATORS.

3 The Secretary of Homeland Security, in each of fiscal

4 years 2006 through 2010, shall increase by not less than

5 800 the number of positions for full-time active-duty inves6 tigators within the Department of Homeland Security in7 vestigating violations of immigration laws (as defined in

8 section 101(a)(17) of the Immigration and Nationality Act

9 (8 U.S.C. 1101(a)(17)) above the number of such positions

10 for which funds were allotted for the preceding fiscal year.

11 At least half of these additional investigators shall be des12 ignated to investigate potential violations of section 274A

13 of the Immigration and Nationality Act (8 U.S.C 1324a).

14 Each State shall be allotted at least 3 of these additional

15 investigators.

16 SEC. 3005. INCREASE IN DETENTION BED SPACE.

17 Subject to the availability of appropriated funds, the

18 Secretary of Homeland Security shall increase by not less

19 than 2,500, in each of fiscal years 2006 and 2007, the num20 ber of beds available for immigration detention and removal

21 operations of the Department of Homeland Security above

22 the number for which funds were allotted for the preceding

23 fiscal year.
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1 SEC. 3006. ALIEN IDENTIFICATION STANDARDS.

2 Section 211 of the Immigration and Nationality Act

3 (8 U.S.C. 1181) is amended by adding at the end the fol4 lowing:

5 ‘‘(d) For purposes of establishing identity to any Fed6 eral employee, an alien present in the United States may

7 present any document issued by the Attorney General or

8 the Secretary of Homeland Security under the authority of

9 one of the immigration laws (as defined in section

10 101(a)(17)), a domestically issued document that the Sec11 retary of Homeland Security designates as reliable for this

12 purpose and that cannot be issued to an alien unlawfully

13 present in the United States, or an unexpired, lawfully

14 issued foreign passport as determined by the Secretary of

15 State. Subject to the limitations and exceptions in the im16 migration laws (as so defined), no other document may be

17 presented for such purposes.’’.

18 SEC. 3007. EXPEDITED REMOVAL.

19 Section 235(b)(1)(A) of the Immigration and Nation20 ality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking

21 clauses (i) through (iii) and inserting the following:

22 ‘‘(i) IN GENERAL.—If an immigration

23 officer determines that an alien (other than

24 an alien described in subparagraph (F))

25 who is arriving in the United States, or

26 who has not been admitted or paroled into
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1 the United States and has not been phys2 ically present in the United States continu3 ously for the 5-year period immediately

4 prior to the date of the determination of in5 admissibility under this paragraph, is in6 admissible under section 212(a)(6)(C) or

7 212(a)(7), the officer shall order the alien

8 removed from the United States without

9 further hearing or review, unless the alien

10 indicates an intention to apply for asylum

11 under section 208 or a fear of persecution.

12 ‘‘(ii) CLAIMS FOR ASYLUM.—If an im13 migration officer determines that an alien

14 (other than an alien described in subpara15 graph (F)) who is arriving in the United

16 States, or who has not been admitted or pa17 roled into the United States and has not

18 been physically present in the United States

19 continuously for the 5-year period imme20 diately prior to the date of the determina21 tion of inadmissibility under this para22 graph, is inadmissible under section

23 212(a)(6)(C) or 212(a)(7), and the alien in24 dicates either an intention to apply for asy25 lum under section 208 or a fear of persecu-
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1 tion, the officer shall refer the alien for an

2 interview by an asylum officer under sub3 paragraph (B).’’.

4 SEC. 3008. PREVENTING TERRORISTS FROM OBTAINING

5 ASYLUM.

6 (a) CONDITIONS FOR GRANTING ASYLUM.—Section

7 208(b) of the Immigration and Nationality Act (8 U.S.C.

8 1158(b)) is amended—

9 (1) in paragraph (1), by striking ‘‘The Attorney

10 General’’ and inserting the following:

11 ‘‘(A) ELIGIBILITY.—The Secretary of Home12 land Security or the Attorney General’’; and

13 (2) by adding at the end the following:

14 ‘‘(B) BURDEN OF PROOF.—

15 ‘‘(i) IN GENERAL.—The burden of proof

16 is on the applicant to establish that the ap17 plicant is a refugee, within the meaning of

18 section 101(a)(42)(A).

19 ‘‘(ii) SPECIAL RULE.—The applicant

20 must establish that race, religion, nation21 ality, membership in a particular social

22 group, or political opinion was or will be

23 the central reason for persecuting the appli24 cant if the applicant claims that the appli-
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1 cant has been or would be subjected to perse2 cution because the applicant—

3 ‘‘(I) has been accused of being or

4 is believed to be a member of, or has

5 been accused of supporting, a guerrilla,

6 militant, or terrorist organization; or

7 ‘‘(II) has been accused of engaging

8 in or supporting guerrilla, militant, or

9 terrorist activities, or is believed to

10 have engaged in or supported such ac11 tivities.

12 ‘‘(iii) SUSTAINING BURDEN.—The tes13 timony of the applicant may be sufficient to

14 sustain the applicant’s burden without cor15 roboration, but only if it is credible, is per16 suasive, and refers to specific facts that

17 demonstrate that the applicant is a refugee.

18 Where the trier of fact finds that it is rea19 sonable to expect corroborating evidence for

20 certain alleged facts pertaining to the spe21 cifics of the applicant’s claim, such evidence

22 must be provided unless a reasonable expla23 nation is given as to why such information

24 is not provided. It is reasonable to expect

25 the applicant to provide corroborating evi-
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1 dence if the applicant has, or has access to,

2 the evidence or could reasonably obtain the

3 evidence without departing from the United

4 States.

5 ‘‘(iv) CREDIBILITY DETERMINATION.—

6 The credibility determination of the trier of

7 fact may be based, in addition to other fac8 tors, on the demeanor, candor, or respon9 siveness of the applicant or witness, the con10 sistency between the applicant’s or witness’s

11 written and oral statements, whether or not

12 under oath, made at any time to any offi13 cer, agent, or employee of the United States,

14 the internal consistency of each such state15 ment, the consistency of such statements

16 with the country conditions in the country

17 from which the applicant claims asylum (as

18 presented by the Department of State) and

19 any inaccuracies or falsehoods in such state20 ments. These factors may be considered in21 dividually or cumulatively.’’.

22 (b) STANDARD OF REVIEW FOR ORDERS OF RE23 MOVAL.—Section 242(b)(4) of the Immigration and Nation24 ality Act (8 U.S.C. 1252(b)(4)) is amended by adding after

25 subparagraph (D) the following flush language: ‘‘No court
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1 shall reverse a determination made by an adjudicator with

2 respect to the availability of corroborating evidence as de3 scribed in section 208(b)(1)(B), unless the court finds that

4 a reasonable adjudicator is compelled to conclude that such

5 corroborating evidence is unavailable.’’.

6 (c) EFFECTIVE DATE.—The amendment made by sub7 section (b) shall take effect upon the date of the enactment

8 of this Act and shall apply to cases in which the final ad9 ministrative removal order was issued before, on, or after

10 the date of the enactment of this Act.

11 SEC. 3009. REVOCATION OF VISAS AND OTHER TRAVEL DOC12 UMENTATION.

13 (a) LIMITATION ON REVIEW.—Section 221(i) of the

14 Immigration and Nationality Act (8 U.S.C. 1201(i)) is

15 amended by adding at the end the following: ‘‘There shall

16 be no means of judicial review (including review pursuant

17 to section 2241 of title 28, United States Code, or any other

18 habeas corpus provision, and sections 1361 and 1651 of

19 such title) of a revocation under this subsection, and no

20 court shall have jurisdiction to consider any claim chal21 lenging the validity of such a revocation.’’.

22 (b) CLASSES OF DEPORTABLE ALIENS.—Section

23 237(a)(1)(B) of the Immigration and Nationality Act (8

24 U.S.C. 1227(a)(1)(B)) is amended by striking ‘‘United

25 States is’’ and inserting the following: ‘‘United States, or
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1 whose nonimmigrant visa (or other documentation author2 izing admission into the United States as a nonimmigrant)

3 has been revoked under section 221(i), is’’.

4 (c) REVOCATION OF PETITIONS.—Section 205 of the

5 Immigration and Nationality Act (8 U.S.C. 1155) is

6 amended—

7 (1) by striking ‘‘Attorney General’’ and inserting

8 ‘‘Secretary of Homeland Security’’; and

9 (2) by striking the final two sentences.

10 (d) EFFECTIVE DATE.—The amendments made by this

11 section shall take effect on the date of the enactment of this

12 Act and shall apply to revocations under sections 205 and

13 221(i) of the Immigration and Nationality Act made before,

14 on, or after such date.

15 SEC. 3010. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

16 (a) IN GENERAL.—Section 242 of the Immigration

17 and Nationality Act (8 U.S.C. 1252) is amended—

18 (1) in subsection (a)—

19 (A) in paragraph (2)—

20 (i) in subparagraphs (A), (B), and

21 (C), by inserting ‘‘(statutory and nonstatu22 tory), including section 2241 of title 28,

23 United States Code, or any other habeas

24 corpus provision, and sections 1361 and
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1 1651 of such title’’ after ‘‘Notwithstanding

2 any other provision of law’’; and

3 (ii) by adding at the end the following:

4 ‘‘(D) JUDICIAL REVIEW OF CERTAIN LEGAL

5 CLAIMS.—Nothing in this paragraph shall be

6 construed as precluding consideration by the cir7 cuit courts of appeals of constitutional claims or

8 pure questions of law raised upon petitions for

9 review filed in accordance with this section. Not10 withstanding any other provision of law (statu11 tory and nonstatutory), including section 2241

12 of title 28, United States Code, or, except as pro13 vided in subsection (e), any other habeas corpus

14 provision, and sections 1361 and 1651 of such

15 title, such petitions for review shall be the sole

16 and exclusive means of raising any and all

17 claims with respect to orders of removal entered

18 or issued under any provision of this Act.’’; and

19 (B) by adding at the end the following:

20 ‘‘(4) CLAIMS UNDER THE UNITED NATIONS CON21 VENTION.—Notwithstanding any other provision of

22 law (statutory and nonstatutory), including section

23 2241 of title 28, United States Code, or any other ha24 beas corpus provision, and sections 1361 and 1651 of

25 such title, a petition for review by the circuit courts
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1 of appeals filed in accordance with this section is the

2 sole and exclusive means of judicial review of claims

3 arising under the United Nations Convention Against

4 Torture and Other Forms of Cruel, Inhuman, or De5 grading Treatment or Punishment.

6 ‘‘(5) EXCLUSIVE MEANS OF REVIEW.—The judi7 cial review specified in this subsection shall be the

8 sole and exclusive means for review by any court of

9 an order of removal entered or issued under any pro10 vision of this Act. For purposes of this title, in every

11 provision that limits or eliminates judicial review or

12 jurisdiction to review, the terms ‘judicial review’ and

13 ‘jurisdiction to review’ include habeas corpus review

14 pursuant to section 2241 of title 28, United States

15 Code, or any other habeas corpus provision, sections

16 1361 and 1651 of such title, and review pursuant to

17 any other provision of law.’’;

18 (2) in subsection (b)—

19 (A) in paragraph (3)(B), by inserting ‘‘pur20 suant to subsection (f)’’ after ‘‘unless’’; and

21 (B) in paragraph (9), by adding at the end

22 the following: ‘‘Except as otherwise provided in

23 this subsection, no court shall have jurisdiction,

24 by habeas corpus under section 2241 of title 28,

25 United States Code, or any other habeas corpus
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1 provision, by section 1361 or 1651 of such title,

2 or by any other provision of law (statutory or

3 nonstatutory), to hear any cause or claim subject

4 to these consolidation provisions.’’;

5 (3) in subsection (f)(2), by inserting ‘‘or stay, by

6 temporary or permanent order, including stays pend7 ing judicial review,’’ after ‘‘no court shall enjoin’’;

8 and

9 (4) in subsection (g), by inserting ‘‘(statutory

10 and nonstatutory), including section 2241 of title 28,

11 United States Code, or any other habeas corpus provi12 sion, and sections 1361 and 1651 of such title’’ after

13 ‘‘notwithstanding any other provision of law’’.

14 (b) EFFECTIVE DATE.—The amendments made by sub15 section (a) shall take effect upon the date of the enactment

16 of this Act and shall apply to cases in which the final ad17 ministrative removal order was issued before, on, or after

18 the date of the enactment of this Act.

19 (c) TRANSFER OF CASES.—If an alien’s case, brought

20 under section 2241 of title 28, United States Code, and chal21 lenging a final administrative removal order, is pending

22 in a district court on the date of the enactment of this Act,

23 then the district court shall transfer the case (or part of

24 the case that challenges the removal order) to the court of

25 appeals for the circuit in which a petition for review could
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1 have been properly filed under section 242 of the Immigra2 tion and Nationality Act (8 U.S.C. 1252), as amended by

3 this Act. The court of appeals shall treat the transferred

4 case as if it had been brought pursuant to a petition for

5 review under such section 242.

6 CHAPTER 2—REMOVAL OF TERRORISTS

7 AND SUPPORTERS OF TERRORISM

8 SEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION

9 ON REMOVAL.

10 (a) IN GENERAL.—Section 241(b)(3)(B) (8 U.S.C.

11 1231(b)(3)(B)) is amended—

12 (1) in clause (iii), by striking ‘‘or’’;

13 (2) in clause (iv), by striking the period at the

14 end and inserting ‘‘; or’’;

15 (3) by inserting after clause (iv) the following:

16 ‘‘(v) the alien is described in subclause

17 (I), (II), (III), (IV), or (VI) of section

18 212(a)(3)(B)(i) or section 237(a)(4)(B), un19 less, in the case only of an alien described

20 in section 212(a)(3)(B)(i)(IV), the Secretary

21 of Homeland Security determines, in the

22 Secretary’s discretion, that there are not

23 reasonable grounds for regarding the alien

24 as a danger to the security of the United

25 States.’’; and
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1 (4) by striking the last sentence.

2 (b) EXCEPTIONS.—Section 208(b)(2)(A)(v) of the Im3 migration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v))

4 is amended—

5 (1) by striking ‘‘inadmissible under’’ each place

6 such term appears and inserting ‘‘described in’’; and

7 (2) by striking ‘‘removable under’’.

8 (c) EFFECTIVE DATE.—The amendments made by this

9 section shall take effect on the date of the enactment of this

10 Act and shall apply to—

11 (1) removal proceedings instituted before, on, or

12 after the date of the enactment of this Act; and

13 (2) acts and conditions constituting a ground for

14 inadmissibility or removal occurring or existing be15 fore, on, or after such date.

16 SEC. 3032. DETENTION OF ALIENS BARRED FROM RESTRIC17 TION ON REMOVAL PENDING REMOVAL.

18 (a) IN GENERAL.—Section 241 of Immigration and

19 Nationality Act (8 U.S.C. 1231) is amended by adding at

20 the end the following:

21 ‘‘(j) DETENTION OF ALIENS BARRED FROM RESTRIC22 TION ON REMOVAL PENDING REMOVAL.—

23 ‘‘(1) IN GENERAL.—In order to protect the

24 United States from those aliens who would threaten

25 the national security or endanger the lives and safety
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1 of the American people, the Secretary of Homeland

2 Security may, in the Secretary’s unreviewable discre3 tion, determine that any alien who has been ordered

4 removed from the United States and who is described

5 in subsection (b)(3)(B) is a specially dangerous alien

6 and should be detained until removed. This deter7 mination shall be reviewed every six months until the

8 alien is removed. In making this determination, the

9 Secretary shall consider the length of sentence and se10 verity of the offense, the loss and injury to the victim,

11 and the future risk the alien poses to the community.

12 ‘‘(2) ALIENS GRANTED PROTECTION RESTRICTING

13 REMOVAL.—Any alien described in paragraph (1)

14 who has been ordered removed, and who has been

15 granted any other protection under the immigration

16 law, as defined in section 101(a)(17), restricting the

17 alien’s removal, shall be detained. The Secretary of

18 State shall seek diplomatic assurances that such alien

19 shall be protected if removed from the United States.’’.

20 (b) SEVERABILITY.—If any amendment, or part of any

21 amendment, made by subsection (a), or the application of

22 any amendment or part of any amendment to any person

23 or circumstance, is held to be unconstitutional—

24 (1) the Secretary of Homeland Security shall

25 continue to seek the removal of any alien described in
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1 section 241(j)(1) of the Immigration and Nationality

2 Act, as amended by this Act, consistent with any pro3 tection described in section 241(j)(2) of such Act; and

4 (2) the Secretary of State shall continue to seek

5 diplomatic assurances that any alien described in sec6 tion 241(j)(2) of the Immigration and Nationality

7 Act, as amended by this Act, would be protected upon

8 removal.

9 SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES.

10 (a) IN GENERAL.—Section 241(b) of the Immigration

11 and Nationality Act (8 U.S.C. 1231(b)) is amended—

12 (1) in paragraph (1)—

13 (A) in each of subparagraphs (A) and (B),

14 by striking the period at the end and inserting

15 ‘‘unless, in the opinion of the Secretary of Home16 land Security, removing the alien to such coun17 try would be prejudicial to the United States.’’;

18 and

19 (B) by amending subparagraph (C) to read

20 as follows:

21 ‘‘(C) ALTERNATIVE COUNTRIES.—If the

22 alien is not removed to a country designated in

23 subparagraph (A) or (B), the Secretary of Home24 land Security shall remove the alien to—
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1 ‘‘(i) the country of which the alien is

2 a citizen, subject, or national, where the

3 alien was born, or where the alien has a

4 residence, unless the country physically pre5 vents the alien from entering the country

6 upon the alien’s removal there; or

7 ‘‘(ii) any country whose government

8 will accept the alien into that country.’’;

9 and

10 (2) in paragraph (2)—

11 (A) by striking ‘‘Attorney General’’ each

12 place such term appears and inserting ‘‘Sec13 retary of Homeland Security’’;

14 (B) by amending subparagraph (D) to read

15 as follows:

16 ‘‘(D) ALTERNATIVE COUNTRIES.—If the

17 alien is not removed to a country designated

18 under subparagraph (A)(i), the Secretary of

19 Homeland Security shall remove the alien to a

20 country of which the alien is a subject, national,

21 or citizen, or where the alien has a residence,

22 unless—

23 ‘‘(i) such country physically prevents

24 the alien from entering the country upon

25 the alien’s removal there; or
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1 ‘‘(ii) in the opinion of the Secretary of

2 Homeland Security, removing the alien to

3 the country would be prejudicial to the

4 United States.’’; and

5 (C) by amending subparagraph (E)(vii) to

6 read as follows:

7 ‘‘(vii) Any country whose government

8 will accept the alien into that country.’’.

9 (b) EFFECTIVE DATE.—The amendments made by sub10 section (a) shall take effect on the date of the enactment

11 of this Act and shall apply to any deportation, exclusion,

12 or removal on or after such date pursuant to any deporta13 tion, exclusion, or removal order, regardless of whether such

14 order is administratively final before, on, or after such date.

15 SEC. 3034. INADMISSIBILITY DUE TO TERRORIST AND TER16 RORIST-RELATED ACTIVITIES.

17 (a) IN GENERAL.—Section 212(a)(3)(B)(i) of the Im18 migration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i))

19 is amended to read as follows:

20 ‘‘(i) IN GENERAL.—Any alien who—

21 ‘‘(I) has engaged in a terrorist ac22 tivity;

23 ‘‘(II) a consular officer, the Attor24 ney General, or the Secretary of Home25 land Security knows, or has reasonable
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1 ground to believe, is engaged in or is

2 likely to engage after entry in any ter3 rorist activity (as defined in clause

4 (iv));

5 ‘‘(III) has, under circumstances

6 indicating an intention to cause death

7 or serious bodily harm, incited ter8 rorist activity;

9 ‘‘(IV) is a representative (as de10 fined in clause (v)) of—

11 ‘‘(aa) a terrorist organiza12 tion; or

13 ‘‘(bb) a political, social, or

14 other group that endorses or es15 pouses terrorist activity;

16 ‘‘(V) is a member of a terrorist or17 ganization described in subclause (I)

18 or (II) of clause (vi);

19 ‘‘(VI) is a member of a terrorist

20 organization described in clause

21 (vi)(III), unless the alien can dem22 onstrate by clear and convincing evi23 dence that the alien did not know, and

24 should not reasonably have known,
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1 that the organization was a terrorist

2 organization;

3 ‘‘(VII) endorses or espouses ter4 rorist activity or persuades others to

5 endorse or espouse terrorist activity or

6 support a terrorist organization;

7 ‘‘(VIII) has received military-type

8 training (as defined in section

9 2339D(c)(1) of title 18, United States

10 Code) from or on behalf of any organi11 zation that, at the time the training

12 was received, was a terrorist organiza13 tion under section 212(a)(3)(B)(vi); or

14 ‘‘(IX) is the spouse or child of an

15 alien who is inadmissible under this

16 subparagraph, if the activity causing

17 the alien to be found inadmissible oc18 curred within the last 5 years,

19 is inadmissible. An alien who is an officer,

20 official, representative, or spokesman of the

21 Palestine Liberation Organization is con22 sidered, for purposes of this Act, to be en23 gaged in a terrorist activity.’’.

24 (b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—Sec25 tion 212(a)(3)(B)(iv) of the Immigration and Nationality
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1 Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read as fol2 lows:

3 ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY

4 DEFINED.—As used in this subparagraph,

5 the term ‘engage in terrorist activity’

6 means, in an individual capacity or as a

7 member of an organization—

8 ‘‘(I) to commit or to incite to

9 commit, under circumstances indi10 cating an intention to cause death or

11 serious bodily injury, a terrorist activ12 ity;

13 ‘‘(II) to prepare or plan a ter14 rorist activity;

15 ‘‘(III) to gather information on

16 potential targets for terrorist activity;

17 ‘‘(IV) to solicit funds or other

18 things of value for—

19 ‘‘(aa) a terrorist activity;

20 ‘‘(bb) a terrorist organization

21 described in clause (vi)(I) or

22 (vi)(II); or

23 ‘‘(cc) a terrorist organization

24 described in clause (vi)(III), un25 less the solicitor can demonstrate
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1 by clear and convincing evidence

2 that he did not know, and should

3 not reasonably have known, that

4 the organization was a terrorist

5 organization;

6 ‘‘(V) to solicit any individual—

7 ‘‘(aa) to engage in conduct

8 otherwise described in this clause;

9 ‘‘(bb) for membership in a

10 terrorist organization described in

11 clause (vi)(I) or (vi)(II); or

12 ‘‘(cc) for membership in a

13 terrorist organization described in

14 clause (vi)(III), unless the solic15 itor can demonstrate by clear and

16 convincing evidence that he did

17 not know, and should not reason18 ably have known, that the organi19 zation was a terrorist organiza20 tion; or

21 ‘‘(VI) to commit an act that the

22 actor knows, or reasonably should

23 know, affords material support, includ24 ing a safe house, transportation, com25 munications, funds, transfer of funds
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1 or other material financial benefit,

2 false documentation or identification,

3 weapons (including chemical, biologi4 cal, or radiological weapons), explo5 sives, or training—

6 ‘‘(aa) for the commission of a

7 terrorist activity;

8 ‘‘(bb) to any individual who

9 the actor knows, or reasonably

10 should know, has committed or

11 plans to commit a terrorist activ12 ity;

13 ‘‘(cc) to a terrorist organiza14 tion described in subclause (I) or

15 (II) of clause (vi); or

16 ‘‘(dd) to a terrorist organiza17 tion described in clause (vi)(III),

18 unless the actor can demonstrate

19 by clear and convincing evidence

20 that the actor did not know, and

21 should not reasonably have

22 known, that the organization was

23 a terrorist organization.’’.
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1 (c) TERRORIST ORGANIZATION DEFINED.—Section

2 212(a)(3)(B)(vi) of the Immigration and Nationality Act

3 (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:

4 ‘‘(vi) TERRORIST ORGANIZATION DE5 FINED.—As used in this section, the term

6 ‘terrorist organization’ means an

7 organization—

8 ‘‘(I) designated under section 219;

9 ‘‘(II) otherwise designated, upon

10 publication in the Federal Register, by

11 the Secretary of State in consultation

12 with or upon the request of the Attor13 ney General or the Secretary of Home14 land Security, as a terrorist organiza15 tion, after finding that the organiza16 tion engages in the activities described

17 in subclauses (I) through (VI) of clause

18 (iv); or

19 ‘‘(III) that is a group of two or

20 more individuals, whether organized or

21 not, which engages in, or has a sub22 group which engages in, the activities

23 described in subclauses (I) through

24 (VI) of clause (iv).’’.
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1 (d) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect on the date of the enactment of this

3 Act and shall apply to—

4 (1) removal proceedings instituted before, on, or

5 after the date of the enactment of this Act; and

6 (2) acts and conditions constituting a ground for

7 inadmissibility occurring or existing before, on, or

8 after such date.

9 SEC. 3035. DEPORTABILITY OF TERRORISTS.

10 (a) IN GENERAL.—Section 237(a)(4)(B) (8 U.S.C.

11 1227(a)(4)(B)) is amended to read as follows:

12 ‘‘(B) TERRORIST ACTIVITIES.—Any alien

13 who would be considered inadmissible pursuant

14 to subparagraph (B) or (F) of section 212(a)(3)

15 is deportable.’’.

16 (b) DEPORTATION OF ALIENS WHO HAVE RECEIVED

17 MILITARY-TYPE TRAINING FROM TERRORIST ORGANIZA18 TIONS.—Section 237(a)(4) of the Immigration and Nation19 ality Act (8 U.S.C. 1227(a)(4)) is amended by adding at

20 the end the following:

21 ‘‘(E) RECIPIENT OF MILITARY-TYPE TRAIN22 ING.—Any alien who has received military-type

23 training (as defined in section 2339D(c)(1) of

24 title 18, United States Code) from or on behalf

25 of any organization that, at the time the train-
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1 ing was received, was a terrorist organization, as

2 defined in section 212(a)(3)(B)(vi), is deport3 able.’’.

4 (c) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall take effect on the date of the enactment

6 of this Act and shall apply to acts and conditions consti7 tuting a ground for removal occurring or existing before,

8 on, or after such date.

9 CHAPTER 3—PREVENTING COMMERCIAL

10 ALIEN SMUGGLING

11 SEC. 3041. BRINGING IN AND HARBORING CERTAIN ALIENS.

12 (a) CRIMINAL PENALTIES.—Section 274(a) of the Im13 migration and Nationality Act (8 U.S.C. 1324(a)) is

14 amended by adding at the end the following:

15 ‘‘(4) In the case of a person who has brought aliens

16 into the United States in violation of this subsection, the

17 sentence otherwise provided for may be increased by up to

18 10 years if—

19 ‘‘(A) the offense was part of an ongoing commer20 cial organization or enterprise;

21 ‘‘(B) aliens were transported in groups of 10 or

22 more;

23 ‘‘(C) aliens were transported in a manner that

24 endangered their lives; or
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1 ‘‘(D) the aliens presented a life-threatening

2 health risk to people in the United States.’’.

3 (b) OUTREACH PROGRAM.—Section 274 of the Immi4 gration and Nationality Act (8 U.S.C. 1324), as amended

5 by subsection (a), is further amended by adding at the end

6 the following:

7 ‘‘(f) OUTREACH PROGRAM.—The Secretary of Home8 land Security, in consultation as appropriate with the At9 torney General and the Secretary of State, shall develop and

10 implement an outreach program to educate the public in

11 the United States and abroad about the penalties for bring12 ing in and harboring aliens in violation of this section.

13 Subtitle B—Identity Management

14 Security

15 CHAPTER 1—IMPROVED SECURITY FOR

16 DRIVERS’ LICENSES AND PERSONAL

17 IDENTIFICATION CARDS

18 SEC. 3051. DEFINITIONS.

19 In this chapter, the following definitions apply:

20 (1) DRIVER’S LICENSE.—The term ‘‘driver’s li21 cense’’ means a motor vehicle operator’s license, as de22 fined in section 30301 of title 49, United States Code.

23 (2) IDENTIFICATION CARD.—The term ‘‘identi24 fication card’’ means a personal identification card,
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1 as defined in section 1028(d) of title 18, United

2 States Code, issued by a State.

3 (3) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Homeland Security.

5 (4) STATE.—The term ‘‘State’’ means a State of

6 the United States, the District of Columbia, Puerto

7 Rico, the Virgin Islands, Guam, American Samoa,

8 the Northern Mariana Islands, the Trust Territory of

9 the Pacific Islands, and any other territory or posses10 sion of the United States.

11 SEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND

12 ISSUANCE STANDARDS FOR FEDERAL REC13 OGNITION.

14 (a) MINIMUM STANDARDS FOR FEDERAL USE.—

15 (1) IN GENERAL.—Beginning 3 years after the

16 date of the enactment of this Act, a Federal agency

17 may not accept, for any official purpose, a driver’s li18 cense or identification card issued by a State to any

19 person unless the State is meeting the requirements of

20 this section.

21 (2) STATE CERTIFICATIONS.—The Secretary

22 shall determine whether a State is meeting the re23 quirements of this section based on certifications

24 made by the State to the Secretary. Such certifi25 cations shall be made at such times and in such man-
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1 ner as the Secretary, in consultation with the Sec2 retary of Transportation, may prescribe by regula3 tion.

4 (b) MINIMUM DOCUMENT REQUIREMENTS.—To meet

5 the requirements of this section, a State shall include, at

6 a minimum, the following information and features on each

7 driver’s license and identification card issued to a person

8 by the State:

9 (1) The person’s full legal name.

10 (2) The person’s date of birth.

11 (3) The person’s gender.

12 (4) The person’s driver license or identification

13 card number.

14 (5) A digital photograph of the person.

15 (6) The person’s address of principal residence.

16 (7) The person’s signature.

17 (8) Physical security features designed to prevent

18 tampering, counterfeiting, or duplication of the docu19 ment for fraudulent purposes.

20 (9) A common machine-readable technology, with

21 defined minimum data elements.

22 (c) MINIMUM ISSUANCE STANDARDS.—

23 (1) IN GENERAL.—To meet the requirements of

24 this section, a State shall require, at a minimum,

25 presentation and verification of the following infor-
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1 mation before issuing a driver’s license or identifica2 tion card to a person:

3 (A) A photo identity document, except that

4 a non-photo identity document is acceptable if it

5 includes both the person’s full legal name and

6 date of birth.

7 (B) Documentation showing the person’s

8 date of birth.

9 (C) Proof of the person’s social security ac10 count number or verification that the person is

11 not eligible for a social security account number.

12 (D) Documentation showing the person’s

13 name and address of principal residence.

14 (2) SPECIAL REQUIREMENTS.—

15 (A) IN GENERAL.—To meet the require16 ments of this section, a State shall comply with

17 the minimum standards of this paragraph.

18 (B) EVIDENCE OF LEGAL STATUS.—A State

19 shall require, before issuing a driver’s license or

20 identification card to a person, valid documen21 tary evidence that the person—

22 (i) is a citizen of the United States;

23 (ii) is an alien lawfully admitted for

24 permanent or temporary residence in the

25 United States;
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1 (iii) has conditional permanent resi2 dent status in the United States;

3 (iv) has a valid, unexpired non4 immigrant visa or nonimmigrant visa sta5 tus for entry into the United States;

6 (v) has a pending or approved applica7 tion for asylum in the United States;

8 (vi) has entered into the United States

9 in refugee status;

10 (vii) has a pending or approved appli11 cation for temporary protected status in the

12 United States;

13 (viii) has approved deferred action sta14 tus; or

15 (ix) has a pending application for ad16 justment of status to that of an alien law17 fully admitted for permanent residence in

18 the United States or conditional permanent

19 resident status in the United States.

20 (C) TEMPORARY DRIVERS’ LICENSES AND

21 IDENTIFICATION CARDS.—

22 (i) IN GENERAL.—If a person presents

23 evidence under any of clauses (iv) through

24 (ix) of subparagraph (B), the State may
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1 only issue a temporary driver’s license or

2 temporary identification card to the person.

3 (ii) EXPIRATION DATE.—A temporary

4 driver’s license or temporary identification

5 card issued pursuant to this subparagraph

6 shall be valid only during the period of time

7 of the applicant’s authorized stay in the

8 United States or if there is no definite end

9 to the period of authorized stay a period of

10 one year.

11 (iii) DISPLAY OF EXPIRATION DATE.—

12 A temporary driver’s license or temporary

13 identification card issued pursuant to this

14 subparagraph shall clearly indicate that it

15 is temporary and shall state the date on

16 which it expires.

17 (iv) RENEWAL.—A temporary driver’s

18 license or temporary identification card

19 issued pursuant to this subparagraph may

20 be renewed only upon presentation of valid

21 documentary evidence that the status by

22 which the applicant qualified for the tem23 porary driver’s license or temporary identi24 fication card has been extended by the Sec25 retary of Homeland Security.
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1 (3) APPLICATIONS FOR RENEWAL, DUPLICATION,

2 OR REISSUANCE.—

3 (A) PRESUMPTION.—For purposes of para4 graphs (1) and (2), a State shall presume that

5 any driver’s license or identification card for

6 which an application has been made for renewal,

7 duplication, or reissuance has been issued in ac8 cordance with the provisions of such paragraphs

9 if, at the time the application is made, the driv10 er’s license or identification card has not expired

11 or been canceled, suspended, or revoked.

12 (B) LIMITATION.—Subparagraph (A) shall

13 not apply to a renewal, duplication, or

14 reissuance if the State is notified by a local,

15 State, or Federal government agency that the

16 person seeking such renewal, duplication, or

17 reissuance is neither a citizen of the United

18 States nor legally in the United States.

19 (4) VERIFICATION OF DOCUMENTS.—To meet the

20 requirements of this section, a State shall implement

21 the following procedures:

22 (A) Before issuing a driver’s license or iden23 tification card to a person, the State shall verify,

24 with the issuing agency, the issuance, validity,

25 and completeness of each document required to be
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1 presented by the person under paragraph (1) or

2 (2).

3 (B) The State shall not accept any foreign

4 document, other than an official passport, to sat5 isfy a requirement of paragraph (1) or (2).

6 (C) Not later than September 11, 2005, the

7 State shall enter into a memorandum of under8 standing with the Secretary of Homeland Secu9 rity to routinely utilize the automated system

10 known as Systematic Alien Verification for Enti11 tlements, as provided for by section 404 of the Il12 legal Immigration Reform and Immigrant Re13 sponsibility Act of 1996 (110 Stat. 3009–664), to

14 verify the legal presence status of a person, other

15 than a United States citizen, applying for a

16 driver’s license or identification card.

17 (d) OTHER REQUIREMENTS.—To meet the require18 ments of this section, a State shall adopt the following prac19 tices in the issuance of drivers’ licenses and identification

20 cards:

21 (1) Employ technology to capture digital images

22 of identity source documents so that the images can

23 be retained in electronic storage in a transferable for24 mat.
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1 (2) Retain paper copies of source documents for

2 a minimum of 7 years or images of source documents

3 presented for a minimum of 10 years.

4 (3) Subject each person applying for a driver’s

5 license or identification card to mandatory facial

6 image capture.

7 (4) Establish an effective procedure to confirm or

8 verify a renewing applicant’s information.

9 (5) Confirm with the Social Security Adminis10 tration a social security account number presented by

11 a person using the full social security account num12 ber. In the event that a social security account num13 ber is already registered to or associated with another

14 person to which any State has issued a driver’s li15 cense or identification card, the State shall resolve the

16 discrepancy and take appropriate action.

17 (6) Refuse to issue a driver’s license or identi18 fication card to a person holding a driver’s license

19 issued by another State without confirmation that the

20 person is terminating or has terminated the driver’s

21 license.

22 (7) Ensure the physical security of locations

23 where drivers’ licenses and identification cards are

24 produced and the security of document materials and
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1 papers from which drivers’ licenses and identification

2 cards are produced.

3 (8) Subject all persons authorized to manufac4 ture or produce drivers’ licenses and identification

5 cards to appropriate security clearance requirements.

6 (9) Establish fraudulent document recognition

7 training programs for appropriate employees engaged

8 in the issuance of drivers’ licenses and identification

9 cards.

10 SEC. 3053. LINKING OF DATABASES.

11 (a) IN GENERAL.—To be eligible to receive any grant

12 or other type of financial assistance made available under

13 this subtitle, a State shall participate in the interstate com14 pact regarding sharing of driver license data, known as the

15 ‘‘Driver License Agreement’’, in order to provide electronic

16 access by a State to information contained in the motor

17 vehicle databases of all other States.

18 (b) REQUIREMENTS FOR INFORMATION.—A State

19 motor vehicle database shall contain, at a minimum, the

20 following information:

21 (1) All data fields printed on drivers’ licenses

22 and identification cards issued by the State.

23 (2) Motor vehicle drivers’ histories, including

24 motor vehicle violations, suspensions, and points on

25 licenses.
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1 SEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES

2 FOR USE IN FALSE IDENTIFICATION DOCU3 MENTS.

4 Section 1028(a)(8) of title 18, United States Code, is

5 amended by striking ‘‘false authentication features’’ and in6 serting ‘‘false or actual authentication features’’.

7 SEC. 3055. GRANTS TO STATES.

8 (a) IN GENERAL.—The Secretary may make grants to

9 a State to assist the State in conforming to the minimum

10 standards set forth in this chapter.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated to the Secretary for each of

13 the fiscal years 2005 through 2009 such sums as may be

14 necessary to carry out this chapter.

15 SEC. 3056. AUTHORITY.

16 (a) PARTICIPATION OF SECRETARY OF TRANSPOR17 TATION AND STATES.—All authority to issue regulations,

18 certify standards, and issue grants under this chapter shall

19 be carried out by the Secretary, in consultation with the

20 Secretary of Transportation and the States.

21 (b) EXTENSIONS OF DEADLINES.—The Secretary may

22 grant to a State an extension of time to meet the require23 ments of section 3052(a)(1) if the State provides adequate

24 justification for noncompliance.
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1 CHAPTER 2—IMPROVED SECURITY FOR

2 BIRTH CERTIFICATES

3 SEC. 3061. DEFINITIONS.

4 (a) APPLICABILITY OF DEFINITIONS.—Except as oth5 erwise specifically provided, the definitions contained in

6 section 3051 apply to this chapter.

7 (b) OTHER DEFINITIONS.—In this chapter, the fol8 lowing definitions apply:

9 (1) BIRTH CERTIFICATE.—The term ‘‘birth cer10 tificate’’ means a certificate of birth—

11 (A) for an individual (regardless of where

12 born)—

13 (i) who is a citizen or national of the

14 United States at birth; and

15 (ii) whose birth is registered in the

16 United States; and

17 (B) that—

18 (i) is issued by a Federal, State, or

19 local government agency or authorized cus20 todian of record and produced from birth

21 records maintained by such agency or custo22 dian of record; or

23 (ii) is an authenticated copy, issued by

24 a Federal, State, or local government agen25 cy or authorized custodian of record, of an
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1 original certificate of birth issued by such

2 agency or custodian of record.

3 (2) REGISTRANT.—The term ‘‘registrant’’ means,

4 with respect to a birth certificate, the person whose

5 birth is registered on the certificate.

6 (3) STATE.—The term ‘‘State’’ shall have the

7 meaning given such term in section 3051; except that

8 New York City shall be treated as a State separate

9 from New York.

10 SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO

11 LOCAL GOVERNMENTS.

12 The minimum standards in this chapter applicable to

13 birth certificates issued by a State shall also apply to birth

14 certificates issued by a local government in the State. It

15 shall be the responsibility of the State to ensure that local

16 governments in the State comply with the minimum stand17 ards.

18 SEC. 3063. MINIMUM STANDARDS FOR FEDERAL RECOGNI19 TION.

20 (a) MINIMUM STANDARDS FOR FEDERAL USE.—

21 (1) IN GENERAL.—Beginning 3 years after the

22 date of the enactment of this Act, a Federal agency

23 may not accept, for any official purpose, a birth cer24 tificate issued by a State to any person unless the

25 State is meeting the requirements of this section.
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1 (2) STATE CERTIFICATIONS.—The Secretary

2 shall determine whether a State is meeting the re3 quirements of this section based on certifications

4 made by the State to the Secretary. Such certifi5 cations shall be made at such times and in such man6 ner as the Secretary, in consultation with the Sec7 retary of Health and Human Services, may prescribe

8 by regulation.

9 (b) MINIMUM DOCUMENT STANDARDS.—To meet the

10 requirements of this section, a State shall include, on each

11 birth certificate issued to a person by the State, the use of

12 safety paper, the seal of the issuing custodian of record, and

13 such other features as the Secretary may determine nec14 essary to prevent tampering, counterfeiting, and otherwise

15 duplicating the birth certificate for fraudulent purposes.

16 The Secretary may not require a single design to which

17 birth certificates issued by all States must conform.

18 (c) MINIMUM ISSUANCE STANDARDS.—

19 (1) IN GENERAL.—To meet the requirements of

20 this section, a State shall require and verify the fol21 lowing information from the requestor before issuing

22 an authenticated copy of a birth certificate:

23 (A) The name on the birth certificate.

24 (B) The date and location of the birth.

25 (C) The mother’s maiden name.
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1 (D) Substantial proof of the requestor’s

2 identity.

3 (2) ISSUANCE TO PERSONS NOT NAMED ON

4 BIRTH CERTIFICATE.—To meet the requirements of

5 this section, in the case of a request by a person who

6 is not named on the birth certificate, a State must re7 quire the presentation of legal authorization to re8 quest the birth certificate before issuance.

9 (3) ISSUANCE TO FAMILY MEMBERS.—Not later

10 than one year after the date of the enactment of this

11 Act, the Secretary, in consultation with the Secretary

12 of Health and Human Services and the States, shall

13 establish minimum standards for issuance of a birth

14 certificate to specific family members, their author15 ized representatives, and others who demonstrate that

16 the certificate is needed for the protection of the re17 questor’s personal or property rights.

18 (4) WAIVERS.—A State may waive the require19 ments set forth in subparagraphs (A) through (C) of

20 subsection (c)(1) in exceptional circumstances, such as

21 the incapacitation of the registrant.

22 (5) APPLICATIONS BY ELECTRONIC MEANS.—To

23 meet the requirements of this section, for applications

24 by electronic means, through the mail or by phone or

25 fax, a State shall employ third party verification, or
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1 equivalent verification, of the identity of the re2 questor.

3 (6) VERIFICATION OF DOCUMENTS.—To meet the

4 requirements of this section, a State shall verify the

5 documents used to provide proof of identity of the re6 questor.

7 (d) OTHER REQUIREMENTS.—To meet the require8 ments of this section, a State shall adopt, at a minimum,

9 the following practices in the issuance and administration

10 of birth certificates:

11 (1) Establish and implement minimum building

12 security standards for State and local vital record of13 fices.

14 (2) Restrict public access to birth certificates and

15 information gathered in the issuance process to ensure

16 that access is restricted to entities with which the

17 State has a binding privacy protection agreement.

18 (3) Subject all persons with access to vital

19 records to appropriate security clearance require20 ments.

21 (4) Establish fraudulent document recognition

22 training programs for appropriate employees engaged

23 in the issuance process.

24 (5) Establish and implement internal operating

25 system standards for paper and for electronic systems.
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1 (6) Establish a central database that can provide

2 interoperative data exchange with other States and

3 with Federal agencies, subject to privacy restrictions

4 and confirmation of the authority and identity of the

5 requestor.

6 (7) Ensure that birth and death records are

7 matched in a comprehensive and timely manner, and

8 that all electronic birth records and paper birth cer9 tificates of decedents are marked ‘‘deceased’’.

10 (8) Cooperate with the Secretary in the imple11 mentation of electronic verification of vital events

12 under section 3065.

13 SEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND

14 DEATH REGISTRATION SYSTEMS.

15 In consultation with the Secretary of Health and

16 Human Services and the Commissioner of Social Security,

17 the Secretary shall take the following actions:

18 (1) Work with the States to establish a common

19 data set and common data exchange protocol for elec20 tronic birth registration systems and death registra21 tion systems.

22 (2) Coordinate requirements for such systems to

23 align with a national model.

24 (3) Ensure that fraud prevention is built into

25 the design of electronic vital registration systems in
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1 the collection of vital event data, the issuance of birth

2 certificates, and the exchange of data among govern3 ment agencies.

4 (4) Ensure that electronic systems for issuing

5 birth certificates, in the form of printed abstracts of

6 birth records or digitized images, employ a common

7 format of the certified copy, so that those requiring

8 such documents can quickly confirm their validity.

9 (5) Establish uniform field requirements for

10 State birth registries.

11 (6) Not later than 1 year after the date of the

12 enactment of this Act, establish a process with the De13 partment of Defense that will result in the sharing of

14 data, with the States and the Social Security Admin15 istration, regarding deaths of United States military

16 personnel and the birth and death of their dependents.

17 (7) Not later than 1 year after the date of the

18 enactment of this Act, establish a process with the De19 partment of State to improve registration, notifica20 tion, and the sharing of data with the States and the

21 Social Security Administration, regarding births and

22 deaths of United States citizens abroad.

23 (8) Not later than 3 years after the date of estab24 lishment of databases provided for under this section,

25 require States to record and retain electronic records
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1 of pertinent identification information collected from

2 requestors who are not the registrants.

3 (9) Not later than 6 months after the date of the

4 enactment of this Act, submit to Congress, a report on

5 whether there is a need for Federal laws to address

6 penalties for fraud and misuse of vital records and

7 whether violations are sufficiently enforced.

8 SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS.

9 (a) LEAD AGENCY.—The Secretary shall lead the im10 plementation of electronic verification of a person’s birth

11 and death.

12 (b) REGULATIONS.—In carrying out subsection (a), the

13 Secretary shall issue regulations to establish a means by

14 which authorized Federal and State agency users with a

15 single interface will be able to generate an electronic query

16 to any participating vital records jurisdiction throughout

17 the Nation to verify the contents of a paper birth certificate.

18 Pursuant to the regulations, an electronic response from the

19 participating vital records jurisdiction as to whether there

20 is a birth record in their database that matches the paper

21 birth certificate will be returned to the user, along with an

22 indication if the matching birth record has been flagged

23 ‘‘deceased’’. The regulations shall take effect not later than

24 5 years after the date of the enactment of this Act.
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1 SEC. 3066. GRANTS TO STATES.

2 (a) IN GENERAL.—The Secretary may make grants to

3 a State to assist the State in conforming to the minimum

4 standards set forth in this chapter.

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

6 authorized to be appropriated to the Secretary for each of

7 the fiscal years 2005 through 2009 such sums as may be

8 necessary to carry out this chapter.

9 SEC. 3067. AUTHORITY.

10 (a) PARTICIPATION WITH FEDERAL AGENCIES AND

11 STATES.—All authority to issue regulations, certify stand12 ards, and issue grants under this chapter shall be carried

13 out by the Secretary, with the concurrence of the Secretary

14 of Health and Human Services and in consultation with

15 State vital statistics offices and appropriate Federal agen16 cies.

17 (b) EXTENSIONS OF DEADLINES.—The Secretary may

18 grant to a State an extension of time to meet the require19 ments of section 3063(a)(1) if the State provides adequate

20 justification for noncompliance.
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1 CHAPTER 3—MEASURES TO ENHANCE PRI2 VACY AND INTEGRITY OF SOCIAL SE3 CURITY ACCOUNT NUMBERS

4 SEC. 3071. PROHIBITION OF THE DISPLAY OF SOCIAL SECU5 RITY ACCOUNT NUMBERS ON DRIVER’S LI6 CENSES OR MOTOR VEHICLE REGISTRA7 TIONS.

8 (a) IN GENERAL.—Section 205(c)(2)(C)(vi) of the So9 cial Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is

10 amended—

11 (1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and

12 (2) by adding at the end the following new sub13 clause:

14 ‘‘(II) Any State or political subdivision thereof (and

15 any person acting as an agent of such an agency or instru16 mentality), in the administration of any driver’s license or

17 motor vehicle registration law within its jurisdiction, may

18 not display a social security account number issued by the

19 Commissioner of Social Security (or any derivative of such

20 number) on any driver’s license or motor vehicle registra21 tion or any other document issued by such State or political

22 subdivision to an individual for purposes of identification

23 of such individual or include on any such license, registra24 tion, or other document a magnetic strip, bar code, or other
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1 means of communication which conveys such number (or

2 derivative thereof).’’.

3 (b) EFFECTIVE DATE.—The amendments made by this

4 section shall apply with respect to licenses, registrations,

5 and other documents issued or reissued after 1 year after

6 the date of the enactment of this Act.

7 SEC. 3072. INDEPENDENT VERIFICATION OF BIRTH

8 RECORDS PROVIDED IN SUPPORT OF APPLI9 CATIONS FOR SOCIAL SECURITY ACCOUNT

10 NUMBERS.

11 (a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT

12 NUMBERS.—Section 205(c)(2)(B)(ii) of the Social Security

13 Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended—

14 (1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and

15 (2) by adding at the end the following new sub16 clause:

17 ‘‘(II) With respect to an application for a social secu18 rity account number for an individual, other than for pur19 poses of enumeration at birth, the Commissioner shall re20 quire independent verification of any birth record provided

21 by the applicant in support of the application. The Com22 missioner may provide by regulation for reasonable excep23 tions from the requirement for independent verification

24 under this subclause in any case in which the Commissioner

25 determines there is minimal opportunity for fraud.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall apply with respect to applications filed

3 after 270 days after the date of the enactment of this Act.

4 (c) STUDY REGARDING APPLICATIONS FOR REPLACE5 MENT SOCIAL SECURITY CARDS.—

6 (1) IN GENERAL.—As soon as practicable after

7 the date of the enactment of this Act, the Commis8 sioner of Social Security shall undertake a study to

9 test the feasibility and cost effectiveness of verifying

10 all identification documents submitted by an appli11 cant for a replacement social security card. As part

12 of such study, the Commissioner shall determine the

13 feasibility of, and the costs associated with, the devel14 opment of appropriate electronic processes for third

15 party verification of any such identification docu16 ments which are issued by agencies and instrumental17 ities of the Federal Government and of the States

18 (and political subdivisions thereof).

19 (2) REPORT.—Not later than 2 years after the

20 date of the enactment of this Act, the Commissioner

21 shall report to the Committee on Ways and Means of

22 the House of Representatives and the Committee on

23 Finance of the Senate regarding the results of the

24 study undertaken under paragraph (1). Such report

25 shall contain such recommendations for legislative
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1 changes as the Commissioner considers necessary to

2 implement needed improvements in the process for

3 verifying identification documents submitted by ap4 plicants for replacement social security cards.

5 SEC. 3073. ENUMERATION AT BIRTH.

6 (a) IMPROVEMENT OF APPLICATION PROCESS.—

7 (1) IN GENERAL.—As soon as practicable after

8 the date of the enactment of this Act, the Commis9 sioner of Social Security shall undertake to make im10 provements to the enumeration at birth program for

11 the issuance of social security account numbers to

12 newborns. Such improvements shall be designed to

13 prevent—

14 (A) the assignment of social security ac15 count numbers to unnamed children;

16 (B) the issuance of more than 1 social secu17 rity account number to the same child; and

18 (C) other opportunities for fraudulently ob19 taining a social security account number.

20 (2) REPORT TO THE CONGRESS.—Not later than

21 1 year after the date of the enactment of this Act, the

22 Commissioner shall transmit to each House of the

23 Congress a report specifying in detail the extent to

24 which the improvements required under paragraph

25 (1) have been made.
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1 (b) STUDY REGARDING PROCESS FOR ENUMERATION

2 AT BIRTH.—

3 (1) IN GENERAL.—As soon as practicable after

4 the date of the enactment of this Act, the Commis5 sioner of Social Security shall undertake a study to

6 determine the most efficient options for ensuring the

7 integrity of the process for enumeration at birth. Such

8 study shall include an examination of available meth9 ods for reconciling hospital birth records with birth

10 registrations submitted to agencies of States and po11 litical subdivisions thereof and with information pro12 vided to the Commissioner as part of the process for

13 enumeration at birth.

14 (2) REPORT.—Not later than 18 months after the

15 date of the enactment of this Act, the Commissioner

16 shall report to the Committee on Ways and Means of

17 the House of Representatives and the Committee on

18 Finance of the Senate regarding the results of the

19 study undertaken under paragraph (1). Such report

20 shall contain such recommendations for legislative

21 changes as the Commissioner considers necessary to

22 implement needed improvements in the process for

23 enumeration at birth.
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1 SEC. 3074. STUDY RELATING TO USE OF PHOTOGRAPHIC

2 IDENTIFICATION IN CONNECTION WITH AP3 PLICATIONS FOR BENEFITS, SOCIAL SECU4 RITY ACCOUNT NUMBERS, AND SOCIAL SECU5 RITY CARDS.

6 (a) IN GENERAL.—As soon as practicable after the

7 date of the enactment of this Act, the Commissioner of So8 cial Security shall undertake a study to—

9 (1) determine the best method of requiring and

10 obtaining photographic identification of applicants

11 for old-age, survivors, and disability insurance bene12 fits under title II of the Social Security Act, for a so13 cial security account number, or for a replacement so14 cial security card, and of providing for reasonable ex15 ceptions to any requirement for photographic identi16 fication of such applicants that may be necessary to

17 promote efficient and effective administration of such

18 title, and

19 (2) evaluate the benefits and costs of instituting

20 such a requirement for photographic identification,

21 including the degree to which the security and integ22 rity of the old-age, survivors, and disability insurance

23 program would be enhanced.

24 (b) REPORT.—Not later than 18 months after the date

25 of the enactment of this Act, the Commissioner shall report

26 to the Committee on Ways and Means of the House of Rep-
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1 resentatives and the Committee on Finance of the Senate

2 regarding the results of the study undertaken under sub3 section (a). Such report shall contain such recommenda4 tions for legislative changes as the Commissioner considers

5 necessary relating to requirements for photographic identi6 fication of applicants described in subsection (a).

7 SEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE RE8 PLACEMENT SOCIAL SECURITY CARDS.

9 (a) IN GENERAL.—Section 205(c)(2)(G) of the Social

10 Security Act (42 U.S.C. 405(c)(2)(G)) is amended by add11 ing at the end the following new sentence: ‘‘The Commis12 sioner shall restrict the issuance of multiple replacement so13 cial security cards to any individual to 3 per year and

14 to 10 for the life of the individual, except in any case in

15 which the Commissioner determines there is minimal op16 portunity for fraud.’’.

17 (b) REGULATIONS AND EFFECTIVE DATE.—The Com18 missioner of Social Security shall issue regulations under

19 the amendment made by subsection (a) not later than 1

20 year after the date of the enactment of this Act. Systems

21 controls developed by the Commissioner pursuant to such

22 amendment shall take effect upon the earlier of the issuance

23 of such regulations or the end of such 1-year period.
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1 SEC. 3076. STUDY RELATING TO MODIFICATION OF THE SO2 CIAL SECURITY ACCOUNT NUMBERING SYS3 TEM TO SHOW WORK AUTHORIZATION STA4 TUS.

5 (a) IN GENERAL.—As soon as practicable after the

6 date of the enactment of this Act, the Commissioner of So7 cial Security, in consultation with the Secretary of Home8 land Security, shall undertake a study to examine the best

9 method of modifying the social security account number as10 signed to individuals who—

11 (1) are not citizens of the United States,

12 (2) have not been admitted for permanent resi13 dence, and

14 (3) are not authorized by the Secretary of Home15 land Security to work in the United States, or are so

16 authorized subject to one or more restrictions,

17 so as to include an indication of such lack of authorization

18 to work or such restrictions on such an authorization.

19 (b) REPORT.—Not later than 1 year after the date of

20 the enactment of this Act, the Commissioner shall report

21 to the Committee on Ways and Means of the House of Rep22 resentatives and the Committee on Finance of the Senate

23 regarding the results of the study undertaken under this sec24 tion. Such report shall include the Commissioner’s rec25 ommendations of feasible options for modifying the social
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1 security account number in the manner described in sub2 section (a).

3 Subtitle C—Targeting Terrorist

4 Travel

5 SEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS

6 AND TRAVEL HISTORY DATABASE.

7 (a) IN GENERAL.—Not later than May 31, 2005, the

8 Comptroller General of the United States, the Secretary of

9 State, and the Secretary of Homeland Security each shall

10 submit to the Committees on the Judiciary of the House

11 of Representatives and of the Senate, the Committee on

12 International Relations of the House of Representatives,

13 and the Committee on Foreign Relations of the Senate the

14 results of a separate study on the subjects described in sub15 section (c).

16 (b) STUDY.—The study submitted by the Secretary of

17 State under subsection (a) shall be completed by the Office

18 of Visa and Passport Control of the Department of State,

19 in coordination with the appropriate officials of the Depart20 ment of Homeland Security.

21 (c) CONTENTS.—The studies described in subsection

22 (a) shall examine the feasibility, cost, potential benefits,

23 and relative importance to the objectives of tracking sus24 pected terrorists’ travel, and apprehending suspected terror25 ists, of each of the following:
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1 (1) Requiring nationals of all countries to

2 present machine-readable, tamper-resistant passports

3 that incorporate biometric and document authentica4 tion identifiers.

5 (2) Creation of a database containing informa6 tion on the lifetime travel history of each foreign na7 tional or United States citizen who might seek to

8 enter the United States or another country at any

9 time, in order that border and visa issuance officials

10 may ascertain the travel history of a prospective en11 trant by means other than a passport.

12 (d) INCENTIVES.—The studies described in subsection

13 (a) shall also make recommendations on incentives that

14 might be offered to encourage foreign nations to participate

15 in the initiatives described in paragraphs (1) and (2) of

16 subsection (c).

17 SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIR18 PORTS.

19 (a) IN GENERAL.—Section 235A(a)(4) of the Immigra20 tion and Nationality Act (8 U.S.C. 1225(a)(4)) is

21 amended—

22 (1) by striking ‘‘October 31, 2000,’’ and insert23 ing ‘‘January 1, 2008,’’;

24 (2) by striking ‘‘5 additional’’ and inserting ‘‘at

25 least 15 and up to 25 additional’’;
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1 (3) by striking ‘‘number of aliens’’ and inserting

2 ‘‘number of inadmissible aliens, especially aliens who

3 are potential terrorists,’’;

4 (4) by striking ‘‘who are inadmissible to the

5 United States.’’ and inserting a period; and

6 (5) by striking ‘‘Attorney General’’ each place

7 such term appears and inserting ‘‘Secretary of Home8 land Security’’.

9 (b) REPORT.—Not later than June 30, 2006, the Sec10 retary of Homeland Security and the Secretary of State

11 shall report to the Committees on the Judiciary of the House

12 of Representatives and of the Senate, the Committee on

13 International Relations of the House of Representatives,

14 and the Committee on Foreign Relations of the Senate on

15 the progress being made in implementing the amendments

16 made by subsection (a).

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

18 authorized to be appropriated to the Secretary of Homeland

19 Security to carry out the amendments made by subsection

20 (a)—

21 (1) $24,000,000 for fiscal year 2005;

22 (2) $48,000,000 for fiscal year 2006; and

23 (3) $97,000,000 for fiscal year 2007.
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1 SEC. 3083. IMMIGRATION SECURITY INITIATIVE.

2 (a) IN GENERAL.—Section 235A(b) of the Immigra3 tion and Nationality Act (8 U.S.C. 1225(b)) is amended—

4 (1) in the subsection heading, by inserting ‘‘AND

5 IMMIGRATION SECURITY INITIATIVE’’ after ‘‘PRO6 GRAM’’; and

7 (2) by adding at the end the following:

8 ‘‘Beginning not later than December 31, 2006, the number

9 of airports selected for an assignment under this subsection

10 shall be at least 50.’’.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated to the Secretary of Homeland

13 Security to carry out the amendments made by subsection

14 (a)—

15 (1) $25,000,000 for fiscal year 2005;

16 (2) $40,000,000 for fiscal year 2006; and

17 (3) $40,000,000 for fiscal year 2007.

18 SEC. 3084. RESPONSIBILITIES AND FUNCTIONS OF CON19 SULAR OFFICERS.

20 (a) INCREASED NUMBER OF CONSULAR OFFICERS.—

21 The Secretary of State, in each of fiscal years 2006 through

22 2009, may increase by 150 the number of positions for con23 sular officers above the number of such positions for which

24 funds were allotted for the preceding fiscal year.

25 (b) LIMITATION ON USE OF FOREIGN NATIONALS FOR

26 NONIMMIGRANT VISA SCREENING.—Section 222(d) of the
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1 Immigration and Nationality Act (8 U.S.C. 1202(d)) is

2 amended by adding at the end the following:

3 ‘‘All nonimmigrant visa applications shall be reviewed and

4 adjudicated by a consular officer.’’.

5 (c) TRAINING FOR CONSULAR OFFICERS IN DETEC6 TION OF FRAUDULENT DOCUMENTS.—Section 305(a) of the

7 Enhanced Border Security and Visa Entry Reform Act of

8 2002 (8 U.S.C. 1734(a)) is amended by adding at the end

9 the following: ‘‘As part of the consular training provided

10 to such officers by the Secretary of State, such officers shall

11 also receive training in detecting fraudulent documents and

12 general document forensics and shall be required as part

13 of such training to work with immigration officers con14 ducting inspections of applicants for admission into the

15 United States at ports of entry.’’.

16 (d) ASSIGNMENT OF ANTI-FRAUD SPECIALISTS.—

17 (1) SURVEY REGARDING DOCUMENT FRAUD.—

18 The Secretary of State, in coordination with the Sec19 retary of Homeland Security, shall conduct a survey

20 of each diplomatic and consular post at which visas

21 are issued to assess the extent to which fraudulent

22 documents are presented by visa applicants to con23 sular officers at such posts.

24 (2) PLACEMENT OF SPECIALIST.—Not later than

25 July 31, 2005, the Secretary shall, in coordination
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1 with the Secretary of Homeland Security, identify

2 100 of such posts that experience the greatest fre3 quency of presentation of fraudulent documents by

4 visa applicants. The Secretary shall place in each

5 such post at least one full-time anti-fraud specialist

6 employed by the Department of State to assist the

7 consular officers at each such post in the detection of

8 such fraud.

9 SEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RE10 LATED ACTIVITY.

11 Section 1028 of title 18, United States Code, relating

12 to penalties for fraud and related activity in connection

13 with identification documents and information, is

14 amended—

15 (1) in subsection (b)(1)(A)(i), by striking ‘‘issued

16 by or under the authority of the United States’’ and

17 inserting the following: ‘‘as described in subsection

18 (d)’’;

19 (2) in subsection (b)(2), by striking ‘‘three years’’

20 and inserting ‘‘six years’’;

21 (3) in subsection (b)(3), by striking ‘‘20 years’’

22 and inserting ‘‘25 years’’;

23 (4) in subsection (b)(4), by striking ‘‘25 years’’

24 and inserting ‘‘30 years’’; and
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1 (5) in subsection (c)(1), by inserting after

2 ‘‘United States’’ the following: ‘‘Government, a State,

3 political subdivision of a State, a foreign government,

4 political subdivision of a foreign government, an

5 international governmental or an international

6 quasi-governmental organization,’’.

7 SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITI8 ZENSHIP.

9 Section 1015 of title 18, United States Code, is

10 amended—

11 (1) by striking the dash at the end of subsection

12 (f) and inserting ‘‘; or’’; and

13 (2) by inserting after subsection (f) the following:

14 ‘‘(g) Whoever knowingly makes any false statement or

15 claim that he is a citizen of the United States in order to

16 enter into, or remain in, the United States—’’.

17 SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF THE

18 DEPARTMENT OF STATE.

19 (a) LIMITATION.—Notwithstanding any other provi20 sion of law, the Secretary of State shall ensure, subject to

21 subsection (b), that the Antiterrorism Assistance Training

22 (ATA) program of the Department of State (or any suc23 cessor or related program) under chapter 8 of part II of

24 the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et

25 seq.) (or other relevant provisions of law) is carried out pri-
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1 marily to provide training to host nation security services

2 for the specific purpose of ensuring the physical security

3 and safety of United States Government facilities and per4 sonnel abroad (as well as foreign dignitaries and training

5 related to the protection of such dignitaries), including se6 curity detail training and offenses related to passport or

7 visa fraud.

8 (b) EXCEPTION.—The limitation contained in sub9 section (a) shall not apply, and the Secretary of State may

10 expand the ATA program to include other types of

11 antiterrorism assistance training, if the Secretary first ob12 tains the approval of the Attorney General and provides

13 written notification of such proposed expansion to the ap14 propriate congressional committees.

15 (c) DEFINITION.—In this section, the term ‘‘appro16 priate congressional committees’’ means—

17 (1) the Committee on International Relations

18 and the Committee on the Judiciary of the House of

19 Representatives; and

20 (2) the Committee on Foreign Relations and the

21 Committee on the Judiciary of the Senate.
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1 SEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND

2 CURTAIL TERRORIST TRAVEL THROUGH THE

3 USE OF FRAUDULENTLY OBTAINED DOCU4 MENTS.

5 (a) FINDINGS.—Congress finds the following:

6 (1) International terrorists travel across inter7 national borders to raise funds, recruit members,

8 train for operations, escape capture, communicate,

9 and plan and carry out attacks.

10 (2) The international terrorists who planned and

11 carried out the attack on the World Trade Center on

12 February 26, 1993, the attack on the embassies of the

13 United States in Kenya and Tanzania on August 7,

14 1998, the attack on the USS Cole on October 12,

15 2000, and the attack on the World Trade Center and

16 the Pentagon on September 11, 2001, traveled across

17 international borders to plan and carry out these at18 tacks.

19 (3) The international terrorists who planned

20 other attacks on the United States, including the plot

21 to bomb New York City landmarks in 1993, the plot

22 to bomb the New York City subway in 1997, and the

23 millennium plot to bomb Los Angeles International

24 Airport on December 31, 1999, traveled across inter25 national borders to plan and carry out these attacks.
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1 (4) Many of the international terrorists who

2 planned and carried out large-scale attacks against

3 foreign targets, including the attack in Bali, Indo4 nesia, on October 11, 2002, and the attack in Madrid,

5 Spain, on March 11, 2004, traveled across inter6 national borders to plan and carry out these attacks.

7 (5) Throughout the 1990s, international terror8 ists, including those involved in the attack on the

9 World Trade Center on February 26, 1993, the plot

10 to bomb New York City landmarks in 1993, and the

11 millennium plot to bomb Los Angeles International

12 Airport on December 31, 1999, traveled on fraudulent

13 passports and often had more than one passport.

14 (6) Two of the September 11, 2001, hijackers

15 were carrying passports that had been manipulated

16 in a fraudulent manner and several other hijackers

17 whose passports did not survive the attacks on the

18 World Trade Center and Pentagon were likely to have

19 carried passports that were similarly manipulated.

20 (7) The National Commission on Terrorist At21 tacks upon the United States, (commonly referred to

22 as the 9/11 Commission), stated that ‘‘Targeting trav23 el is at least as powerful a weapon against terrorists

24 as targeting their money.’’.
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1 (b) INTERNATIONAL AGREEMENTS TO TRACK AND

2 CURTAIL TERRORIST TRAVEL.—

3 (1) INTERNATIONAL AGREEMENT ON LOST, STO4 LEN, OR FALSIFIED DOCUMENTS.—The President shall

5 lead efforts to track and curtail the travel of terrorists

6 by supporting the drafting, adoption, and implemen7 tation of international agreements, and by supporting

8 the expansion of existing international agreements, to

9 track and stop international travel by terrorists and

10 other criminals through the use of lost, stolen, or fal11 sified documents to augment existing United Nations

12 and other international anti-terrorism efforts.

13 (2) CONTENTS OF INTERNATIONAL AGREE14 MENT.—The President shall seek, in the appropriate

15 fora, the drafting, adoption, and implementation of

16 an effective international agreement requiring—

17 (A) the establishment of a system to share

18 information on lost, stolen, and fraudulent pass19 ports and other travel documents for the pur20 poses of preventing the undetected travel of per21 sons using such passports and other travel docu22 ments that were obtained improperly;

23 (B) the establishment and implementation

24 of a real-time verification system of passports
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1 and other travel documents with issuing authori2 ties;

3 (C) the assumption of an obligation by

4 countries that are parties to the agreement to

5 share with officials at ports of entry in any such

6 country information relating to lost, stolen, and

7 fraudulent passports and other travel documents;

8 (D) the assumption of an obligation by

9 countries that are parties to the agreement—

10 (i) to criminalize—

11 (I) the falsification or counter12 feiting of travel documents or breeder

13 documents for any purpose;

14 (II) the use or attempted use of

15 false documents to obtain a visa or

16 cross a border for any purpose;

17 (III) the possession of tools or im18 plements used to falsify or counterfeit

19 such documents;

20 (IV) the trafficking in false or sto21 len travel documents and breeder docu22 ments for any purpose;

23 (V) the facilitation of travel by a

24 terrorist; and
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1 (VI) attempts to commit, includ2 ing conspiracies to commit, the crimes

3 specified above;

4 (ii) to impose significant penalties so

5 as to appropriately punish violations and

6 effectively deter these crimes; and

7 (iii) to limit the issuance of citizenship

8 papers, passports, identification documents,

9 and the like to persons whose identity is

10 proven to the issuing authority, who have a

11 bona fide entitlement to or need for such

12 documents, and who are not issued such

13 documents principally on account of a dis14 proportional payment made by them or on

15 their behalf to the issuing authority;

16 (E) the provision of technical assistance to

17 State Parties to help them meet their obligations

18 under the convention;

19 (F) the establishment and implementation

20 of a system of self-assessments and peer reviews

21 to examine the degree of compliance with the

22 convention; and

23 (G) an agreement that would permit immi24 gration and border officials to confiscate a lost,

25 stolen, or falsified passport at ports of entry and
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1 permit the traveler to return to the sending coun2 try without being in possession of the lost, stolen,

3 or falsified passport, and for the detention and

4 investigation of such traveler upon the return of

5 the traveler to the sending country.

6 (3) INTERNATIONAL CIVIL AVIATION ORGANIZA7 TION.—The United States shall lead efforts to track

8 and curtail the travel of terrorists by supporting ef9 forts at the International Civil Aviation Organization

10 to continue to strengthen the security features of pass11 ports and other travel documents.

12 (c) REPORT.—

13 (1) IN GENERAL.—Not later than one year after

14 the date of the enactment of this Act, and at least an15 nually thereafter, the President shall submit to the

16 appropriate congressional committees a report on

17 progress toward achieving the goals described in sub18 section (b).

19 (2) TERMINATION.—Paragraph (1) shall cease to

20 be effective when the President certifies to the Com21 mittee on International Relations of the House of

22 Representatives and the Committee on Foreign Rela23 tions of the Senate that the goals described in sub24 section (b) have been fully achieved.
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1 SEC. 3089. INTERNATIONAL STANDARDS FOR TRANSLATION

2 OF NAMES INTO THE ROMAN ALPHABET FOR

3 INTERNATIONAL TRAVEL DOCUMENTS AND

4 NAME-BASED WATCHLIST SYSTEMS.

5 (a) FINDINGS.—Congress finds that—

6 (1) the current lack of a single convention for

7 translating Arabic names enabled some of the 19 hi8 jackers of aircraft used in the terrorist attacks against

9 the United States that occurred on September 11,

10 2001, to vary the spelling of their names to defeat

11 name-based terrorist watchlist systems and to make

12 more difficult any potential efforts to locate them;

13 and

14 (2) although the development and utilization of

15 terrorist watchlist systems using biometric identifiers

16 will be helpful, the full development and utilization of

17 such systems will take several years, and name-based

18 terrorist watchlist systems will always be useful.

19 (b) SENSE OF CONGRESS.—It is the sense of Congress

20 that the President should seek to enter into an international

21 agreement to modernize and improve standards for the

22 translation of names into the Roman alphabet in order to

23 ensure one common spelling for such names for inter24 national travel documents and name-based watchlist sys25 tems.
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1 SEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

2 (a) FINDING.—Consistent with the report of the Na3 tional Commission on Terrorist Attacks Upon the United

4 States, the Congress finds that completing a biometric entry

5 and exit data system as expeditiously as possible is an es6 sential investment in efforts to protect the United States

7 by preventing the entry of terrorists.

8 (b) PLAN AND REPORT.—

9 (1) DEVELOPMENT OF PLAN.—The Secretary of

10 Homeland Security shall develop a plan to accelerate

11 the full implementation of an automated biometric

12 entry and exit data system required by applicable sec13 tions of—

14 (A) the Illegal Immigration Reform and

15 Immigrant Responsibility Act of 1996 (Public

16 Law 104–208);

17 (B) the Immigration and Naturalization

18 Service Data Management Improvement Act of

19 2000 (Public Law 106–205);

20 (C) the Visa Waiver Permanent Program

21 Act (Public Law 106–396);

22 (D) the Enhanced Border Security and Visa

23 Entry Reform Act of 2002 (Public Law 107–

24 173); and

25 (E) the Uniting and Strengthening America

26 by Providing Appropriate Tools Required to
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1 Intercept and Obstruct Terrorism Act of 2001

2 (Public Law 107–56).

3 (2) REPORT.—Not later than 180 days after the

4 date of the enactment of this Act, the Secretary of

5 Homeland Security shall submit a report to Congress

6 on the plan developed under paragraph (1), which

7 shall contain—

8 (A) a description of the current

9 functionality of the entry and exit data system,

10 including—

11 (i) a listing of ports of entry with bio12 metric entry data systems in use and

13 whether such screening systems are located

14 at primary or secondary inspection areas;

15 (ii) a listing of ports of entry with bio16 metric exit data systems in use;

17 (iii) a listing of databases and data

18 systems with which the automated entry

19 and exit data system are interoperable;

20 (iv) a description of—

21 (I) identified deficiencies con22 cerning the accuracy or integrity of the

23 information contained in the entry

24 and exit data system;
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1 (II) identified deficiencies con2 cerning technology associated with

3 processing individuals through the sys4 tem; and

5 (III) programs or policies

6 planned or implemented to correct

7 problems identified in subclause (I) or

8 (II); and

9 (v) an assessment of the effectiveness of

10 the entry and exit data system in fulfilling

11 its intended purposes, including preventing

12 terrorists from entering the United States;

13 (B) a description of factors relevant to the

14 accelerated implementation of the biometric

15 entry and exit system, including—

16 (i) the earliest date on which the Sec17 retary estimates that full implementation of

18 the biometric entry and exit data system

19 can be completed;

20 (ii) the actions the Secretary will take

21 to accelerate the full implementation of the

22 biometric entry and exit data system at all

23 ports of entry through which all aliens must

24 pass that are legally required to do so; and
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1 (iii) the resources and authorities re2 quired to enable the Secretary to meet the

3 implementation date described in clause (i);

4 (C) a description of any improvements

5 needed in the information technology employed

6 for the entry and exit data system; and

7 (D) a description of plans for improved or

8 added interoperability with any other databases

9 or data systems.

10 (c) INTEGRATION REQUIREMENT.—Not later than 2

11 years after the date of the enactment of this Act, the Sec12 retary of Homeland Security shall integrate the biometric

13 entry and exit data system with all databases and data sys14 tems maintained by U.S. Citizenship and Immigration

15 Services that process or contain information on aliens.

16 (d) MAINTAINING ACCURACY AND INTEGRITY OF

17 ENTRY AND EXIT DATA SYSTEM.—

18 (1) IN GENERAL.—The Secretary of Homeland

19 Security, in consultation with other appropriate

20 agencies, shall establish rules, guidelines, policies, and

21 operating and auditing procedures for collecting, re22 moving, and updating data maintained in, and add23 ing information to, the entry and exit data system,

24 and databases and data systems linked to the entry
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1 and exit data system, that ensure the accuracy and

2 integrity of the data.

3 (2) REQUIREMENTS.—The rules, guidelines, poli4 cies, and procedures established under paragraph (1)

5 shall—

6 (A) incorporate a simple and timely method

7 for—

8 (i) correcting errors; and

9 (ii) clarifying information known to

10 cause false hits or misidentification errors;

11 and

12 (B) include procedures for individuals to

13 seek corrections of data contained in the data

14 systems.

15 (e) EXPEDITING REGISTERED TRAVELERS ACROSS

16 INTERNATIONAL BORDERS.—

17 (1) FINDINGS.—Consistent with the report of the

18 National Commission on Terrorist Attacks Upon the

19 United States, the Congress finds that—

20 (A) expediting the travel of previously

21 screened and known travelers across the borders

22 of the United States should be a high priority;

23 and

24 (B) the process of expediting known trav25 elers across the border can permit inspectors to
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1 better focus on identifying terrorists attempting

2 to enter the United States.

3 (2) DEFINITION.—For purposes of this section,

4 the term ‘‘registered traveler program’’ means any

5 program designed to expedite the travel of previously

6 screened and known travelers across the borders of the

7 United States.

8 (3) REGISTERED TRAVEL PLAN.—

9 (A) IN GENERAL.—As soon as is prac10 ticable, the Secretary of Homeland Security shall

11 develop and implement a plan to expedite the

12 processing of registered travelers who enter and

13 exit the United States through a single registered

14 traveler program.

15 (B) INTEGRATION.—The registered traveler

16 program developed under this paragraph shall be

17 integrated into the automated biometric entry

18 and exit data system described in this section.

19 (C) REVIEW AND EVALUATION.—In devel20 oping the program under this paragraph, the

21 Secretary of Homeland Security shall—

22 (i) review existing programs or pilot

23 projects designed to expedite the travel of

24 registered travelers across the borders of the

25 United States;
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1 (ii) evaluate the effectiveness of the

2 programs described in clause (i), the costs

3 associated with such programs, and the

4 costs to travelers to join such programs; and

5 (iii) increase research and development

6 efforts to accelerate the development and im7 plementation of a single registered traveler

8 program.

9 (4) REPORT.—Not later than 1 year after the

10 date of the enactment of this Act, the Secretary of

11 Homeland Security shall submit to the Congress a re12 port describing the Department of Homeland Secu13 rity’s progress on the development and implementa14 tion of the plan required by this subsection.

15 (f) INTEGRATED BIOMETRIC ENTRY-EXIT SCREENING

16 SYSTEM.—With respect to the biometric entry and exit data

17 system referred to in subsections (a) and (b), such system

18 shall accomplish the following:

19 (1) Ensure that the system’s tracking capabilities

20 encompass data related to all immigration benefits

21 processing, including visa applications with the De22 partment of State, immigration related filings with

23 the Department of Labor, cases pending before the Ex24 ecutive Office for Immigration review, and matters
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1 pending or under investigation before the Department

2 of Homeland Security.

3 (2) Utilize a biometric based identity number

4 tied to an applicant’s biometric algorithm established

5 under the entry and exit data system to track all im6 migration related matters concerning the applicant.

7 (3) Provide that all information about an appli8 cant’s immigration related history, including entry

9 and exit history, can be queried through electronic

10 means. Database access and usage guidelines shall in11 clude stringent safeguards to prevent misuse of data.

12 (4) Provide real-time updates to the information

13 described in paragraph (3), including pertinent data

14 from all agencies referenced in paragraph (1).

15 (5) Limit access to the information described in

16 paragraph (4) (and any other database used for

17 tracking immigration related processing or entry and

18 exit) to personnel explicitly authorized to do so, and

19 ensure that any such access may be ascertained by

20 authorized persons by review of the person’s access

21 authorization code or number.

22 (6) Provide continuing education in

23 counterterrorism techniques, tools, and methods for all

24 Federal personnel employed in the evaluation of im25 migration documents and immigration-related policy.
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1 (g) ENTRY-EXIT SYSTEM GOALS.—The Department of

2 Homeland Security shall continue to implement the system

3 described in subsections (a) and (b) in such a manner that

4 it fulfills the following goals:

5 (1) Serves as a vital counterterrorism tool.

6 (2) Screens travelers efficiently and in a wel7 coming manner.

8 (3) Provides inspectors and related personnel

9 with adequate real-time information.

10 (4) Ensures flexibility of training and security

11 protocols to most effectively comply with security

12 mandates.

13 (5) Integrates relevant databases and plans for

14 database modifications to address volume increase

15 and database usage.

16 (6) Improves database search capacities by uti17 lizing language algorithms to detect alternate names.

18 (h) DEDICATED SPECIALISTS AND FRONT LINE PER19 SONNEL TRAINING.—In implementing the provisions of sub20 sections (f) and (g), the Department of Homeland Security

21 and the Department of State shall—

22 (1) develop cross-training programs that focus on

23 the scope and procedures of the entry and exit data

24 system;
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1 (2) provide extensive community outreach and

2 education on the entry and exit data system’s proce3 dures;

4 (3) provide clear and consistent eligibility guide5 lines for applicants in low-risk traveler programs;

6 and

7 (4) establish ongoing training modules on immi8 gration law to improve adjudications at our ports of

9 entry, consulates, and embassies.

10 (i) INFORMATION ACCURACY STANDARDS.—

11 (1) AUTHORIZED OFFICERS.—Any information

12 placed in the entry and exit data system shall be en13 tered by authorized officers in compliance with estab14 lished procedures that guarantee the identification of

15 the person placing the information.

16 (2) DATA COLLECTED FROM FOREIGN NATION17 ALS.—The Secretary of Homeland Security, the Sec18 retary of State, and the Attorney General, after con19 sultation with directors of the relevant intelligence

20 agencies, shall standardize the information and data

21 collected from foreign nationals as well as the proce22 dures utilized to collect such data to ensure that the

23 information is consistent and of value to officials ac24 cessing that data across multiple agencies.
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1 (j) ACCESSIBILITY.—The Secretary of Homeland Secu2 rity, the Secretary of State, the Attorney General, and the

3 head of any other department or agency that possesses au4 thority to enter data related to the immigration status of

5 foreign nationals, including lawful permanent resident

6 aliens, or where such information could serve to impede

7 lawful admission of United States citizens to the United

8 States, shall each establish guidelines related to data entry

9 procedures. Such guidelines shall—

10 (1) strictly limit the agency personnel authorized

11 to enter data into the system;

12 (2) identify classes of information to be des13 ignated as temporary or permanent entries, with cor14 responding expiration dates for temporary entries;

15 and

16 (3) identify classes of prejudicial information re17 quiring additional authority of supervisory personnel

18 prior to entry.

19 (k) SYSTEM ADAPTABILITY.—

20 (1) IN GENERAL.—Each agency authorized to

21 enter data related to the immigration status of any

22 persons identified in subsection (f) shall develop and

23 implement system protocols to—

24 (A) correct erroneous data entries in a

25 timely and effective manner;
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1 (B) clarify information known to cause

2 false hits or misidentification errors; and

3 (C) update all relevant information that is

4 dispositive to the adjudicatory or admission

5 process.

6 (2) CENTRALIZING AND STREAMLINING CORREC7 TION PROCESS.—The President or agency director so

8 designated by the President shall establish a clearing9 house bureau as part of the Department of Homeland

10 Security to centralize and streamline the process

11 through which members of the public can seek correc12 tions to erroneous or inaccurate information related

13 to immigration status, or which otherwise impedes

14 lawful admission to the United States, contained in

15 agency databases. Such process shall include specific

16 time schedules for reviewing data correction requests,

17 rendering decisions on such requests, and imple18 menting appropriate corrective action in a timely

19 manner.

20 (l) TRAINING.—Agency personnel authorized to enter

21 data pursuant to subsection (i)(1) shall undergo extensive

22 training in immigration law and procedure.

23 (m) IMPLEMENTATION AUDIT.—The Secretary of the

24 Department of Homeland Security shall submit a report

25 to the Congress not later than 6 months after the date of
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1 the enactment of this Act. The report shall detail activities

2 undertaken to date to develop the biometric entry and exit

3 data system, areas in which the system currently does not

4 achieve the mandates set forth in this section, and the fund5 ing, infrastructure, technology and other factors needed to

6 complete the system, as well as a detailed time frame in

7 which the completion of the system will be achieved.

8 (n) REPORTS.—

9 (1) JOINT BIANNUAL REPORTS.—The Secretaries

10 of the Departments of State and Homeland Security

11 jointly shall report biannually to the Congress on the

12 following:

13 (A) Current infrastructure and staffing at

14 each port of entry and each consular post.

15 (B) The numbers of immigrant and non16 immigrant visas issued.

17 (C) the numbers of individuals subject to ex18 pedited removal at the ports of entry, as well as

19 within 100 miles of the United States border.

20 (D) The plan for enhanced database review

21 at entry.

22 (E) The number of suspected terrorists and

23 criminals intercepted utilizing the biometric

24 entry and exit data system.
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1 (F) The funds spent in the preceding fiscal

2 year to achieve the mandates of this section.

3 (G) Areas in which they failed to achieve

4 these mandates, and the steps they are taking to

5 address these deficiencies.

6 (2) PORTS OF ENTRY.—For ports of entry, simi7 lar information shall be provided including the num8 ber of I–94s issued, immigrant visa admissions made,

9 and nonimmigrant admissions.

10 (3) STATUS REPORT ON COMPLIANCE WITH EN11 HANCED BORDER SECURITY AND VISA ENTRY REFORM

12 ACT.—Not later than 120 days after the date of the

13 enactment of this Act, the Secretary of Homeland Se14 curity and the Secretary of State, after consultation

15 with the Director of the National Institute of Stand16 ards and Technology and the Commission on Inter17 operable Data Sharing, shall issue a report address18 ing the following:

19 (A) The status of agency compliance with

20 the mandates set forth in section 202 of the En21 hanced Border Security and Visa Entry Reform

22 Act (8 U.S.C. 1722).

23 (B) The status of agency compliance with

24 section 201(c)(3) of such Act (8 U.S.C.

25 1721(c)(3)).
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1 (4) STATUS REPORT ON COMPLIANCE WITH SEC2 TION.—Not later than 1 year after the date of the en3 actment of this Act, the Secretary of Homeland Secu4 rity, the Secretary of State, the Attorney General, and

5 the head of any other department or agency bound by

6 the mandates in this section, shall issue both indi7 vidual status reports and a joint status report detail8 ing compliance with each mandate contained in this

9 section.

10 (o) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated to the Secretary of Homeland

12 Security, for each of the fiscal years 2005 through 2009,

13 such sums as may be necessary to carry out the provisions

14 of this section.

15 SEC. 3091. ENHANCED RESPONSIBILITIES OF THE COORDI16 NATOR FOR COUNTERTERRORISM.

17 (a) DECLARATION OF UNITED STATES POLICY.—Con18 gress declares that it shall be the policy of the United States

19 to—

20 (1) make combating terrorist travel and those

21 who assist them a priority for the United States

22 counterterrorism policy; and

23 (2) ensure that the information relating to indi24 viduals who help facilitate terrorist travel by creating

25 false passports, visas, documents used to obtain such
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1 travel documents, and other documents are fully

2 shared within the United States Government and, to

3 the extent possible, with and from foreign govern4 ments, in order to initiate United States and foreign

5 prosecutions of such individuals.

6 (b) AMENDMENT.—Section 1(e)(2) of the State Depart7 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)(2))

8 is amended by adding at the end the following:

9 ‘‘(C) ADDITIONAL DUTIES RELATING TO

10 TERRORIST TRAVEL.—In addition to the prin11 cipal duties of the Coordinator described in sub12 paragraph (B), the Coordinator shall analyze

13 methods used by terrorists to travel internation14 ally, develop policies with respect to curtailing

15 terrorist travel, and coordinate such policies with

16 the appropriate bureaus and other entities of the

17 Department of State, other United States Gov18 ernment agencies, the Human Trafficking and

19 Smuggling Center, and foreign governments.’’.

20 SEC. 3092. ESTABLISHMENT OF OFFICE OF VISA AND PASS21 PORT SECURITY IN THE DEPARTMENT OF

22 STATE.

23 (a) ESTABLISHMENT.—There is established within the

24 Bureau of Diplomatic Security of the Department of State
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1 an Office of Visa and Passport Security (in this section

2 referred to as the ‘‘Office’’).

3 (b) HEAD OF OFFICE.—

4 (1) IN GENERAL.—Notwithstanding any other

5 provision of law, the head of the Office shall be an in6 dividual who shall have the rank and status of Dep7 uty Assistant Secretary of State for Diplomatic Secu8 rity (in this section referred to as the ‘‘Deputy Assist9 ant Secretary’’).

10 (2) RECRUITMENT.—The Under Secretary of

11 State for Management shall chose the Deputy Assist12 ant Secretary from among individuals who are Diplo13 matic Security Agents.

14 (3) QUALIFICATIONS.—The Diplomatic Security

15 Agent chosen to serve as the Deputy Assistant Sec16 retary shall have expertise and experience in inves17 tigating and prosecuting visa and passport fraud.

18 (c) DUTIES.—

19 (1) PREPARATION OF STRATEGIC PLAN.—

20 (A) IN GENERAL.—The Deputy Assistant

21 Secretary, in coordination with the appropriate

22 officials of the Department of Homeland Secu23 rity, shall ensure the preparation of a strategic

24 plan to target and disrupt individuals and orga25 nizations at home and in foreign countries that
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1 are involved in the fraudulent production, dis2 tribution, use, or other similar activity—

3 (i) of a United States visa or United

4 States passport;

5 (ii) of documents intended to help

6 fraudulently procure a United States visa

7 or United States passport, or other docu8 ments intended to gain unlawful entry into

9 the United States; or

10 (iii) of passports and visas issued by

11 foreign countries intended to gain unlawful

12 entry into the United States.

13 (B) EMPHASIS.—Such plan shall—

14 (i) focus particular emphasis on indi15 viduals and organizations that may have

16 links to domestic terrorist organizations or

17 foreign terrorist organizations (as such term

18 is defined in Section 219 of the Immigra19 tion and Nationality Act (8 U.S.C. 1189));

20 (ii) require the development of a stra21 tegic training course under the

22 Antiterrorism Assistance Training (ATA)

23 program of the Department of State (or any

24 successor or related program) under chapter

25 8 of part II of the Foreign Assistance Act
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1 of 1961 (22 U.S.C. 2349aa et seq.) (or other

2 relevant provisions of law) to train partici3 pants in the identification of fraudulent

4 documents and the forensic detection of such

5 documents which may be used to obtain un6 lawful entry into the United States; and

7 (iii) determine the benefits and costs of

8 providing technical assistance to foreign

9 governments to ensure the security of pass10 ports, visas, and related documents and to

11 investigate, arrest, and prosecute individ12 uals who facilitate travel by the creation of

13 false passports and visas, documents to ob14 tain such passports and visas, and other

15 types of travel documents.

16 (2) DUTIES OF OFFICE.—The Office shall have

17 the following duties:

18 (A) ANALYSIS OF METHODS.—Analyze

19 methods used by terrorists to travel internation20 ally, particularly the use of false or altered trav21 el documents to illegally enter foreign countries

22 and the United States, and advise the Bureau of

23 Consular Affairs and the Secretary of Homeland

24 Security on recommended changes to the visa

25 issuance process that could combat such methods,
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1 including the introduction of new technologies

2 into such process.

3 (B) IDENTIFICATION OF INDIVIDUALS AND

4 DOCUMENTS.—Identify, in cooperation with the

5 Human Trafficking and Smuggling Center, indi6 viduals who facilitate travel by the creation of

7 false passports and visas, documents used to ob8 tain such passports and visas, and other types of

9 travel documents, and ensure that the appro10 priate agency is notified for further investigation

11 and prosecution or, in the case of such individ12 uals abroad for which no further investigation or

13 prosecution is initiated, ensure that all appro14 priate information is shared with foreign govern15 ments in order to facilitate investigation, arrest,

16 and prosecution of such individuals.

17 (C) IDENTIFICATION OF FOREIGN COUN18 TRIES NEEDING ASSISTANCE.—Identify foreign

19 countries that need technical assistance, such as

20 law reform, administrative reform, prosecutorial

21 training, or assistance to police and other inves22 tigative services, to ensure passport, visa, and re23 lated document security and to investigate, ar24 rest, and prosecute individuals who facilitate

25 travel by the creation of false passports and
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1 visas, documents used to obtain such passports

2 and visas, and other types of travel documents.

3 (D) INSPECTION OF APPLICATIONS.—Ran4 domly inspect visa and passport applications for

5 accuracy, efficiency, and fraud, especially at

6 high terrorist threat posts, in order to prevent a

7 recurrence of the issuance of visas to those who

8 submit incomplete, fraudulent, or otherwise ir9 regular or incomplete applications.

10 (3) REPORT.—Not later than 90 days after the

11 date of the enactment of this Act, the Deputy Assist12 ant Secretary shall submit to Congress a report

13 containing—

14 (A) a description of the strategic plan pre15 pared under paragraph (1); and

16 (B) an evaluation of the feasibility of estab17 lishing civil service positions in field offices of

18 the Bureau of Diplomatic Security to investigate

19 visa and passport fraud, including an evaluation

20 of whether to allow diplomatic security agents to

21 convert to civil service officers to fill such posi22 tions.
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1 Subtitle D—Terrorist Travel

2 SEC. 3101. INFORMATION SHARING AND COORDINATION.

3 The Secretary of Homeland Security shall establish a

4 mechanism to—

5 (1) ensure the coordination and dissemination of

6 terrorist travel intelligence and operational informa7 tion among the appropriate agencies within the De8 partment of Homeland Security, including the Bu9 reau of Customs and Border Protection, the Bureau

10 of Immigration and Customs Enforcement, the Bu11 reau of Citizenship and Immigration Services, the

12 Transportation Security Administration, the Coast

13 Guard, and other agencies as directed by the Sec14 retary; and

15 (2) ensure the sharing of terrorist travel intel16 ligence and operational information with the Depart17 ment of State, the National Counterterrorism Center,

18 and other appropriate Federal agencies.

19 SEC. 3102. TERRORIST TRAVEL PROGRAM.

20 The Secretary of Homeland Security, in consultation

21 with the Director of the National Counterterrorism Center,

22 shall establish a program to—

23 (1) analyze and utilize information and intel24 ligence regarding terrorist travel tactics, patterns,

25 trends, and practices; and
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1 (2) disseminate that information to all front-line

2 Department of Homeland Security personnel who are

3 at ports of entry or between ports of entry, to immi4 gration benefits offices, and, in coordination with the

5 Secretary of State, to appropriate individuals at

6 United States embassies and consulates.

7 SEC. 3103. TRAINING PROGRAM.

8 (a) REVIEW, EVALUATION, AND REVISION OF EXIST9 ING TRAINING PROGRAMS.—The Secretary of Homeland Se10 curity shall—

11 (1) review and evaluate the training currently

12 provided to Department of Homeland Security per13 sonnel and, in consultation with the Secretary of

14 State, relevant Department of State personnel with

15 respect to travel and identity documents, and tech16 niques, patterns, and trends associated with terrorist

17 travel; and

18 (2) develop and implement a revised training

19 program for border, immigration, and consular offi20 cials in order to teach such officials how to effectively

21 detect, intercept, and disrupt terrorist travel.

22 (b) REQUIRED TOPICS OF REVISED PROGRAMS.—The

23 training program developed under subsection (a)(2) shall

24 include training in the following areas:
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1 (1) Methods for identifying fraudulent and gen2 uine travel documents.

3 (2) Methods for detecting terrorist indicators on

4 travel documents and other relevant identity docu5 ments.

6 (3) Recognizing travel patterns, tactics, and be7 haviors exhibited by terrorists.

8 (4) Effectively utilizing information contained

9 in databases and data systems available to the De10 partment of Homeland Security.

11 (5) Other topics determined to be appropriate by

12 the Secretary of Homeland Security in consultation

13 with the Secretary of State or the National Intel14 ligence Director.

15 SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINA16 TION PLAN.

17 (a) PLAN REQUIRED.—Not later than 180 days after

18 the date of the enactment of this Act, the Secretary of Home19 land Security, in consultation with the Secretary of State,

20 shall submit to the Congress a plan to ensure that the De21 partment of Homeland Security and the Department of

22 State acquire and deploy, to all consulates, ports of entry,

23 and immigration benefits offices, technologies that facilitate

24 document authentication and the detection of potential ter25 rorist indicators on travel documents.
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1 (b) INTEROPERABILITY REQUIREMENT.—To the extent

2 possible, technologies to be acquired and deployed under the

3 plan shall be compatible with current systems used by the

4 Department of Homeland Security to detect and identify

5 fraudulent documents and genuine documents.

6 (c) PASSPORT SCREENING.—The plan shall address

7 the feasibility of using such technologies to screen passports

8 submitted for identification purposes to a United States

9 consular, border, or immigration official.

10 Subtitle E—Maritime Security

11 Requirements

12 SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARI13 TIME SECURITY REQUIREMENTS.

14 (a) NATIONAL MARITIME TRANSPORTATION SECURITY

15 PLAN.—Section 70103(a) of the 46, United States Code, is

16 amended by striking ‘‘The Secretary’’ and inserting ‘‘Not

17 later than December 31, 2004, the Secretary’’.

18 (b) FACILITY AND VESSEL VULNERABILITY ASSESS19 MENTS.—Section 70102(b)(1) of the 46, United States Code,

20 is amended by striking ‘‘, the Secretary’’ and inserting

21 ‘‘and by not later than December 31, 2004, the Secretary’’.

22 (c) TRANSPORTATION SECURITY CARD REGULA23 TIONS.—Section 70105(a) of the 46, United States Code, is

24 amended by striking ‘‘The Secretary’’ and inserting ‘‘Not

25 later than December 31, 2004, the Secretary’’.
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1 Subtitle F—Treatment of Aliens

2 Who Commit Acts of Torture,

3 Extrajudicial Killings, or Other

4 Atrocities Abroad

5 SEC. 3121. INADMISSIBILITY AND DEPORTABILITY OF

6 ALIENS WHO HAVE COMMITTED ACTS OF TOR7 TURE OR EXTRAJUDICIAL KILLINGS ABROAD.

8 (a) INADMISSIBILITY.—Section 212(a)(3)(E) of the

9 Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E))

10 is amended—

11 (1) in clause (ii), by striking ‘‘has engaged in

12 conduct that is defined as genocide for purposes of the

13 International Convention on the Prevention and Pun14 ishment of Genocide is inadmissible’’ and inserting

15 ‘‘ordered, incited, assisted, or otherwise participated

16 in conduct outside the United States that would, if

17 committed in the United States or by a United States

18 national, be genocide, as defined in section 1091(a) of

19 title 18, United States Code, is inadmissible’’;

20 (2) by adding at the end the following:

21 ‘‘(iii) COMMISSION OF ACTS OF TOR22 TURE OR EXTRAJUDICIAL KILLINGS.—Any

23 alien who, outside the United States, has

24 committed, ordered, incited, assisted, or oth25 erwise participated in the commission of—
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1 ‘‘(I) any act of torture, as defined

2 in section 2340 of title 18, United

3 States Code; or

4 ‘‘(II) under color of law of any

5 foreign nation, any extrajudicial kill6 ing, as defined in section 3(a) of the

7 Torture Victim Protection Act of 1991

8 (28 U.S.C. 1350 note);

9 is inadmissible.’’; and

10 (3) in the subparagraph heading, by striking

11 ‘‘PARTICIPANTS IN NAZI PERSECUTION OR GENOCIDE’’

12 and inserting ‘‘PARTICIPANTS IN NAZI PERSECUTION,

13 GENOCIDE, OR THE COMMISSION OF ANY ACT OF TOR14 TURE OR EXTRAJUDICIAL KILLING’’.

15 (b) DEPORTABILITY.—Section 237(a)(4)(D) of such

16 Act (8 U.S.C. 1227(a)(4)(D)) is amended—

17 (1) by striking ‘‘clause (i) or (ii)’’ and inserting

18 ‘‘clause (i), (ii), or (iii)’’; and

19 (2) in the subparagraph heading, by striking

20 ‘‘ASSISTED IN NAZI PERSECUTION OR ENGAGED IN

21 GENOCIDE’’ and inserting ‘‘PARTICIPATED IN NAZI

22 PERSECUTION, GENOCIDE, OR THE COMMISSION OF

23 ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’.
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1 (c) EFFECTIVE DATE.—The amendments made by this

2 section shall apply to offenses committed before, on, or after

3 the date of the enactment of this Act.

4 SEC. 3122. INADMISSIBILITY AND DEPORTABILITY OF FOR5 EIGN GOVERNMENT OFFICIALS WHO HAVE

6 COMMITTED PARTICULARLY SEVERE VIOLA7 TIONS OF RELIGIOUS FREEDOM.

8 (a) GROUND OF INADMISSIBILITY.—Section

9 212(a)(2)(G) of the Immigration and Nationality Act (8

10 U.S.C. 1182(a)(2)(G)) is amended to read as follows:

11 ‘‘(G) FOREIGN GOVERNMENT OFFICIALS

12 WHO HAVE COMMITTED PARTICULARLY SEVERE

13 VIOLATIONS OF RELIGIOUS FREEDOM.—Any

14 alien who, while serving as a foreign government

15 official, was responsible for or directly carried

16 out, at any time, particularly severe violations of

17 religious freedom, as defined in section 3 of the

18 International Religious Freedom Act of 1998 (22

19 U.S.C. 6402), is inadmissible.’’.

20 (b) GROUND OF DEPORTABILITY.—Section 237(a)(4)

21 of the Immigration and Nationality Act (8 U.S.C.

22 1227(a)(4)) is amended by adding at the end the following:

23 ‘‘(E) PARTICIPATED IN THE COMMISSION OF

24 SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.—
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1 Any alien described in section 212(a)(2)(G) is

2 deportable.’’.

3 SEC. 3123. WAIVER OF INADMISSIBILITY.

4 Section 212(d)(3) of the Immigration and Nationality

5 Act (8 U.S.C. 1182(d)(3)) is amended—

6 (1) in subparagraph (A), by striking ‘‘and 3(E)’’

7 and inserting ‘‘and clauses (i) and (ii) of paragraph

8 (3)(E)’’; and

9 (2) in subparagraph (B), by striking ‘‘and 3(E)’’

10 and inserting ‘‘and clauses (i) and (ii) of paragraph

11 (3)(E)’’.

12 SEC. 3124. BAR TO GOOD MORAL CHARACTER FOR ALIENS

13 WHO HAVE COMMITTED ACTS OF TORTURE,

14 EXTRAJUDICIAL KILLINGS, OR SEVERE VIO15 LATIONS OF RELIGIOUS FREEDOM.

16 Section 101(f) of the Immigration and Nationality Act

17 (8 U.S.C. 1101(f)) is amended—

18 (1) by striking the period at the end of para19 graph (8) and inserting ‘‘; and’’; and

20 (2) by adding at the end the following:

21 ‘‘(9) one who at any time has engaged in con22 duct described in section 212(a)(3)(E) (relating to as23 sistance in Nazi persecution, participation in geno24 cide, or commission of acts of torture or extrajudicial
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1 killings) or 212(a)(2)(G) (relating to severe violations

2 of religious freedom).’’.

3 SEC. 3125. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN4 VESTIGATIONS.

5 (a) AMENDMENT OF THE IMMIGRATION AND NATION6 ALITY ACT.—Section 103 of the Immigration and Nation7 ality Act (8 U.S.C. 1103) is amended by adding at the end

8 the following:

9 ‘‘(h)(1) The Attorney General shall establish within the

10 Criminal Division of the Department of Justice an Office

11 of Special Investigations with the authority to detect and

12 investigate, and, where appropriate, to take legal action to

13 denaturalize any alien described in section 212(a)(3)(E).

14 ‘‘(2) The Attorney General shall consult with the Sec15 retary of the Department of Homeland Security in making

16 determinations concerning the criminal prosecution or ex17 tradition of aliens described in section 212(a)(3)(E).

18 ‘‘(3) In determining the appropriate legal action to

19 take against an alien described in section 212(a)(3)(E),

20 consideration shall be given to—

21 ‘‘(A) the availability of criminal prosecution

22 under the laws of the United States for any conduct

23 that may form the basis for removal and

24 denaturalization; or
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1 ‘‘(B) the availability of extradition of the alien

2 to a foreign jurisdiction that is prepared to undertake

3 a prosecution for such conduct.’’.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) IN GENERAL.—There are authorized to be ap6 propriated to the Department of Justice such sums as

7 may be necessary to carry out the additional duties

8 established under section 103(h) of the Immigration

9 and Nationality Act (as added by this subtitle) in

10 order to ensure that the Office of Special Investiga11 tions fulfills its continuing obligations regarding Nazi

12 war criminals.

13 (2) AVAILABILITY OF FUNDS.—Amounts appro14 priated pursuant to paragraph (1) are authorized to

15 remain available until expended.

16 SEC. 3126. REPORT ON IMPLEMENTATION.

17 Not later than 180 days after the date of enactment

18 of this Act, the Attorney General, in consultation with the

19 Secretary of Homeland Security, shall submit to the Com20 mittees on the Judiciary of the Senate and the House of

21 Representatives a report on implementation of this subtitle

22 that includes a description of—

23 (1) the procedures used to refer matters to the

24 Office of Special Investigations and other components

25 within the Department of Justice and the Department
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1 of Homeland Security in a manner consistent with

2 the amendments made by this subtitle;

3 (2) the revisions, if any, made to immigration

4 forms to reflect changes in the Immigration and Na5 tionality Act made by the amendments contained in

6 this subtitle; and

7 (3) the procedures developed, with adequate due

8 process protection, to obtain sufficient evidence to de9 termine whether an alien may be inadmissible under

10 the terms of the amendments made by this subtitle.

11 Subtitle G—Security Barriers

12 SEC. 3131. EXPEDITED COMPLETION OF SECURITY BAR13 RIERS.

14 (a) IN GENERAL.—In order to construct the physical

15 barriers and roads described in section 102 of the Omnibus

16 Consolidated Appropriations Act, 1997 (Public Law 104–

17 208, div. C), the tracts of land described in subsection (b)

18 shall be exempt from the requirements of the provisions list19 ed in subsection (c).

20 (b) LEGAL DESCRIPTION.—The tracts of land referred

21 to in subsection (a) are as follows:

22 (1) ZONE WEST.—A tract of land situated with23 in Section 2, 3, 4, 5, 7, 8, 9, 10, and 11, Township

24 19 South, Range 2 West of the San Bernadino Merid25 ian, within the County of San Diego, State of Cali-
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1 fornia, more particularly described as follows: Begin2 ning at the Southwest corner of Fractional Section 7,

3 T19S, R2W; said Point-of-Beginning being on the

4 United States/Mexico International Boundary Line

5 and also being a point of mean sea level of the Pacific

6 Ocean (at Borderfield State Park); thence, N

7 02°31′00′′ W, a distance of approximately 800.00 feet

8 to a point. Thence, N 84°44′08′′ E, a distance of ap9 proximately 1,845.12 feet to a point. Said point being

10 on the Section line common to Section 7 and 8, T19S,

11 R2W. Thence, S 01°05′10′′ W, along said Section

12 line, a distance of approximately 270.62 feet to a

13 point. Thence, S 89°49′43′′ E, a distance of approxi14 mately 1,356.50 feet to a point. Thence, N 45°34′58′′

15 E, a distance of approximately 1,901.75 feet to a

16 point. Said point being on the Section line common

17 to Sections 5 and 8, T19S, R2W. Thence, N

18 00°00′00′′ E, a distance of approximately 300.00 feet

19 to a point. Thence, S 89°54′53′′ E, a distance of ap20 proximately 1,322.05 feet to a point. Thence, S

21 00°25′27′′ W, a distance of approximately 300.00 feet

22 to a point. Said point being on the Section line com23 mon to Sections 5 and 8, T19S, R2W. Thence, S

24 89°37′09′′ E, along the Section line common to Sec25 tion 4, 5, 8, and 9, T19S, R2W, a distance of ap-
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1 proximately 5,361.32 feet to a point. Thence, N

2 00°12′59′′ E, a distance of approximately 400.00 feet

3 to a point. Thence, N 90°00′00′′ E, a distance of ap4 proximately 1,349.81 feet to a point. Said point being

5 on the Section line common to Sections 3 and 4,

6 T19S, R2W. Thence, S 00°30′02′′ W, a distance of

7 approximately 410.37 feet to a point. Said point

8 being the Section corner common to Sections 3, 4, 9,

9 and 10, T19S, R2W. Thence, S 89°36′11′′ E, along

10 the Section line common to Sections 2, 3, 10, and 11,

11 T19S, R2W, a distance of approximately 6,129.36 feet

12 to a point. Thence, along the arc of a curve to the left,

13 having a radius of 518.88 feet, and a distance of

14 204.96 feet to a point. Thence, S 89°59′41′′ E, a dis15 tance of approximately 258.66 feet to a point. Thence,

16 S 00°00′00′′ E, a distance of approximately 111.74

feet to a point. Said point being within the NW 1 17 ⁄4

18 of fractional section 11, T19S, R2W, on the United

19 States/Mexico International Boundary. Thence, S

20 84°41′20′′ W, along said United States/Mexico Inter21 national Boundary, a distance of approximately

22 19,210.48 feet to the Point-of-Beginning. Said tract of

23 land containing an area of 396.61 acre, more or less.

24 (2) ZONE EAST.—A tract of land situated within

25 Section 32 and 33, Township 18 South, Range 1 East
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1 of the San Bernadino Meridian, County of San

2 Diego, State of California, and being described as follows: Beginning at the 1 3 ⁄4 Section line of Section 32,

4 T18S, R1E. Said Point-of-Beginning being on the

5 United States/Mexico International Boundary Line

6 and having a coordinate value of X = 6360877.25 Y

7 = 1781730.88. Thence, N 00°32′02′′ W, a distance of

8 approximately 163.56 feet to a point. Thence, N

9 78°33′17′′ E, a distance of approximately 1,388.23

10 feet to a point. Thence, N 84°37′31′′ E, a distance of

11 approximately 1,340.20 feet to a point. Thence, N

12 75°00′00′′ E, a distance of approximately 1,000.00

13 feet to a point. Thence, S 88°06′07′′ E, a distance of

14 approximately 1,806.81 feet to a point. Thence, N

15 80°00′00′′ E, a distance of approximately 1,050.00

16 feet to a point. Thence, N 87°00′00′′ E, a distance of

17 approximately 1,100.00 feet to a point. Thence, S

18 00°00′00′′ W, a distance of approximately 300.00 feet

19 to a point. Said point being on the United States/

20 Mexico International boundary. Thence, S 84°44′09′′

21 W, along said boundary, a distance of approximately

22 7,629.63 to the Point-of-Beginning. Said tract of land

23 having an area of approximately 56.60 acres more or

24 less.
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1 (c) EXEMPTION FROM CERTAIN REQUIREMENTS.—The

2 provisions referred to in subsection (a) areas as follows:

3 (1) Noise Control Act of 1972 (42 U.S.C. 4901

4 et seq.), as amended by Quiet Communities of 1978

5 (P.L. 95–609).

6 (2) Clean Air Act and amendments of 1990 (42

7 U.S.C. 7401–7671q).

8 (3) Clean Water Act of 1977 (33 U.S.C. 1342).

9 (4) Executive Order No. 11988 (Floodplain Man10 agement), as amended by Executive Order No. 12608.

11 (5) Executive Order No. 11990 (Protection of

12 Wetlands), as amended by Executive Order No.

13 12608.

14 (6) Coastal Zone Management Act of 1972 (16

15 U.S.C. 1456(c)).

16 (7) Resource Conservation and Recovery Act of

17 1976 (42 U.S.C. 6901–6992k) as amended by Haz18 ardous and Solid Waste Amendments of 1984 (P.L.

19 98–616; 98 Stat. 3221).

20 (8) Comprehensive, Environmental Response,

21 Compensation, Liability Act of 1980 (42 U.S.C.

22 9601–9675), as amended by Emergency Planning and

23 Community Right-To-Know-Act of 1986 (42 U.S.C.

24 11001 et seq.).
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1 (9) Farmland Protection Policy Act of 1981 (7

2 U.S.C. 4201 et seq.).

3 (10) Endangered Species Act of 1973, as amend4 ed (16 U.S.C. 1531–1544).

5 (11) Migratory Bird Treaty Act of 1918 (16

6 U.S.C. 703–712).

7 (12) Bald and Golden Eagle Act of 1940, as

8 amended (16 U.S.C. 688–688d).

9 (13) National Historic Preservation Act of 1966

10 (16 U.S.C. 470 et seq.), as amended Executive Order

11 No. 13007—Sacred Sites Presidential Memorandum

12 regarding government to Government Relations (April

13 29, 1994).

14 (14) Native American Graves Protection and Re15 patriation Act (43 CFR Part 10).

16 (15) Archeological Resources Protection Act of

17 1979 (16 U.S.C. 470aa–470ii).

18 (16) Executive Order No. 12898 (Federal Actions

19 to Address Environmental Justice in Minority Popu20 lations and Low-Income Populations) of 1994.
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1 TITLE IV—INTERNATIONAL CO2 OPERATION AND COORDINA3 TION

4 Subtitle A—Attack Terrorists and

5 Their Organizations

6 CHAPTER 1—PROVISIONS RELATING TO

7 TERRORIST SANCTUARIES

8 SEC. 4001. UNITED STATES POLICY ON TERRORIST SANC9 TUARIES.

10 It is the sense of Congress that it should be the policy

11 of the United States—

12 (1) to identify and prioritize foreign countries

13 that are or that could be used as terrorist sanctuaries;

14 (2) to assess current United States resources

15 being provided to such foreign countries;

16 (3) to develop and implement a coordinated

17 strategy to prevent terrorists from using such foreign

18 countries as sanctuaries; and

19 (4) to work in bilateral and multilateral fora to

20 prevent foreign countries from being used as terrorist

21 sanctuaries.

22 SEC. 4002. REPORTS ON TERRORIST SANCTUARIES.

23 (a) INITIAL REPORT.—

24 (1) IN GENERAL.—Not later than 90 days after

25 the date of the enactment of this Act, the President
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1 shall transmit to Congress a report that describes a

2 strategy for addressing and, where possible, elimi3 nating terrorist sanctuaries.

4 (2) CONTENT.—The report required under this

5 subsection shall include the following:

6 (A) A list that prioritizes each actual and

7 potential terrorist sanctuary and a description

8 of activities in the actual and potential sanc9 tuaries.

10 (B) An outline of strategies for preventing

11 the use of, disrupting, or ending the use of such

12 sanctuaries.

13 (C) A detailed description of efforts, includ14 ing an assessment of successes and setbacks, by

15 the United States to work with other countries in

16 bilateral and multilateral fora to address or

17 eliminate each actual or potential terrorist sanc18 tuary and disrupt or eliminate the security pro19 vided to terrorists by each such sanctuary.

20 (D) A description of long-term goals and

21 actions designed to reduce the conditions that

22 allow the formation of terrorist sanctuaries.

23 (b) SUBSEQUENT REPORTS.—

24 (1) REQUIREMENT OF REPORTS.—Section

25 140(a)(1) of the Foreign Relations Authorization Act,
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1 Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)(1))

2 is amended—

3 (A) by striking ‘‘(1)’’ and inserting

4 ‘‘(1)(A)’’;

5 (B) by redesignating subparagraphs (A)

6 through (C) as clauses (i) through (iii), respec7 tively;

8 (C) in subparagraph (A)(iii) (as redesig9 nated), by adding ‘‘and’’ at the end; and

10 (D) by adding at the end the following:

11 ‘‘(B) detailed assessments with respect to each

12 foreign country whose territory is being used or could

13 potentially be used as a sanctuary for terrorists or

14 terrorist organizations;’’.

15 (2) PROVISIONS TO BE INCLUDED IN REPORT.—

16 Section 140(b) of such Act (22 U.S.C. 2656f(b)) is

17 amended—

18 (A) in paragraph (1)—

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘subsection (a)(1)’’

21 and inserting ‘‘subsection (a)(1)(A)’’; and

22 (ii) by striking ‘‘and’’ at the end;

23 (B) by redesignating paragraph (2) as

24 paragraph (3);
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1 (C) by inserting after paragraph (1) the fol2 lowing:

3 ‘‘(2) with respect to subsection (a)(1)(B)—

4 ‘‘(A) the extent of knowledge by the govern5 ment of the country with respect to terrorist ac6 tivities in the territory of the country; and

7 ‘‘(B) the actions by the country—

8 ‘‘(i) to eliminate each terrorist sanc9 tuary in the territory of the country;

10 ‘‘(ii) to cooperate with United States

11 antiterrorism efforts; and

12 ‘‘(iii) to prevent the proliferation of

13 and trafficking in weapons of mass destruc14 tion in and through the territory of the

15 country;’’;

16 (D) by striking the period at the end of

17 paragraph (3) (as redesignated) and inserting a

18 semicolon; and

19 (E) by inserting after paragraph (3) (as re20 designated) the following:

21 ‘‘(4) a strategy for addressing and, where pos22 sible, eliminating terrorist sanctuaries that shall

23 include—

24 ‘‘(A) a description of actual and potential

25 terrorist sanctuaries, together with an assessment
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1 of the priorities of addressing and eliminating

2 such sanctuaries;

3 ‘‘(B) an outline of strategies for disrupting

4 or eliminating the security provided to terrorists

5 by such sanctuaries;

6 ‘‘(C) a description of efforts by the United

7 States to work with other countries in bilateral

8 and multilateral fora to address or eliminate ac9 tual or potential terrorist sanctuaries and dis10 rupt or eliminate the security provided to terror11 ists by such sanctuaries; and

12 ‘‘(D) a description of long-term goals and

13 actions designed to reduce the conditions that

14 allow the formation of terrorist sanctuaries;

15 ‘‘(5) an update of the information contained in

16 the report required to be transmitted to Congress pur17 suant to section 4002(a)(2) of the 9/11 Recommenda18 tions Implementation Act;

19 ‘‘(6) to the extent practicable, complete statistical

20 information on the number of individuals, including

21 United States citizens and dual nationals, killed, in22 jured, or kidnapped by each terrorist group during

23 the preceding calendar year; and

24 ‘‘(7) an analysis, as appropriate, relating to

25 trends in international terrorism, including changes
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1 in technology used, methods and targets of attacks, de2 mographic information on terrorists, and other ap3 propriate information.’’.

4 (3) DEFINITIONS.—Section 140(d) of such Act

5 (22 U.S.C. 2656f(d)) is amended—

6 (A) in paragraph (2), by striking ‘‘and’’ at

7 the end;

8 (B) in paragraph (3), by striking the period

9 at the end and inserting a semicolon; and

10 (C) by adding at the end the following:

11 ‘‘(4) the term ‘territory’ and ‘territory of the

12 country’ means the land, waters, and airspace of the

13 country; and

14 ‘‘(5) the term ‘terrorist sanctuary’ or ‘sanctuary’

15 means an area in the territory of a country that is

16 used by a terrorist group with the express or implied

17 consent of the government of the country—

18 ‘‘(A) to carry out terrorist activities, includ19 ing training, fundraising, financing, recruit20 ment, and education activities; or

21 ‘‘(B) to provide transit through the coun22 try.’’.

23 (4) EFFECTIVE DATE.—The amendments made

24 by paragraphs (1), (2), and (3) apply with respect to

25 the report required to be transmitted under section
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1 140 of the Foreign Relations Authorization Act, Fis2 cal Years 1988 and 1989, by April 30, 2006, and by

3 April 30 of each subsequent year.

4 SEC. 4003. AMENDMENTS TO EXISTING LAW TO INCLUDE

5 TERRORIST SANCTUARIES.

6 (a) AMENDMENTS.—Section 6(j) of the Export Admin7 istration Act of 1979 (50 U.S.C. App. 2405(j)) is

8 amended—

9 (1) in paragraph (1)—

10 (A) by redesignating subparagraph (B) as

11 subparagraph (C); and

12 (B) by inserting after subparagraph (A) the

13 following:

14 ‘‘(B) Any part of the territory of the country is

15 being used as a sanctuary for terrorists or terrorist

16 organizations.’’;

17 (2) in paragraph (3), by striking ‘‘paragraph

18 (1)(A)’’ and inserting ‘‘subparagraph (A) or (B) of

19 paragraph (1)’’;

20 (3) by redesignating paragraph (5) as para21 graph (6);

22 (4) by inserting after paragraph (4) the fol23 lowing:

24 ‘‘(5) A determination made by the Secretary of State

25 under paragraph (1)(B) may not be rescinded unless the
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1 President submits to the Speaker of the House of Represent2 atives and the chairman of the Committee on Banking,

3 Housing, and Urban Affairs and the chairman of the Com4 mittee on Foreign Relations of the Senate before the pro5 posed rescission would take effect a report certifying that

6 the government of the country concerned —

7 ‘‘(A) is taking concrete, verifiable steps to elimi8 nate each terrorist sanctuary in the territory of the

9 country;

10 ‘‘(B) is cooperating with United States

11 antiterrorism efforts; and

12 ‘‘(C) is taking all appropriate actions to prevent

13 the proliferation of and trafficking in weapons of

14 mass destruction in and through the territory of the

15 country.’’; and

16 (5) by inserting after paragraph (6) (as redesig17 nated) the following:

18 ‘‘(7) In this subsection—

19 ‘‘(A) the term ‘territory of the country’ means

20 the land, waters, and airspace of the country; and

21 ‘‘(B) the term ‘terrorist sanctuary’ or ‘sanctuary’

22 means an area in the territory of a country that is

23 used by a terrorist group with the express or implied

24 consent of the government of the country—
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1 ‘‘(i) to carry out terrorist activities, includ2 ing training, fundraising, financing, recruit3 ment, and education activities; or

4 ‘‘(ii) to provide transit through the coun5 try.’’.

6 (b) IMPLEMENTATION.—The President shall implement

7 the amendments made by subsection (a) by exercising the

8 authorities the President has under the International Emer9 gency Economic Powers Act (50 U.S.C. 1701 et seq.).

10 CHAPTER 2—OTHER PROVISIONS

11 SEC. 4011. APPOINTMENTS TO FILL VACANCIES IN ARMS

12 CONTROL AND NONPROLIFERATION ADVI13 SORY BOARD.

14 (a) REQUIREMENT.—Not later than December 31,

15 2004, the Secretary of State shall appoint individuals to

16 the Arms Control and Nonproliferation Advisory Board to

17 fill all vacancies in the membership of the Board that exist

18 on the date of the enactment of this Act.

19 (b) CONSULTATION.—Appointments to the Board

20 under subsection (a) shall be made in consultation with the

21 Committee on International Relations of the House of Rep22 resentatives and the Committee on Foreign Relations of the

23 Senate.
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1 SEC. 4012. REVIEW OF UNITED STATES POLICY ON PRO2 LIFERATION OF WEAPONS OF MASS DESTRUC3 TION AND CONTROL OF STRATEGIC WEAP4 ONS.

5 (a) REVIEW.—

6 (1) IN GENERAL.—The Undersecretary of State

7 for Arms Control and International Security shall in8 struct the Arms Control and Nonproliferation Advi9 sory Board (in this section referred to as the ‘‘Advi10 sory Board’’) to carry out a review of existing policies

11 of the United States relating to the proliferation of

12 weapons of mass destruction and the control of stra13 tegic weapons.

14 (2) COMPONENTS.—The review required under

15 this subsection shall contain at a minimum the fol16 lowing:

17 (A) An identification of all major defi18 ciencies in existing United States policies relat19 ing to the proliferation of weapons of mass de20 struction and the control of strategic weapons.

21 (B) Proposals that contain a range of op22 tions that if implemented would adequately ad23 dress any significant threat deriving from the

24 deficiencies in existing United States policies de25 scribed in subparagraph (A).

26 (b) REPORTS.—
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1 (1) INTERIM REPORT.—Not later than June 15,

2 2005, the Advisory Board shall prepare and submit

3 to the Undersecretary of State for Arms Control and

4 International Security an interim report that con5 tains the initial results of the review carried out pur6 suant to subsection (a).

7 (2) FINAL REPORT.—Not later than December 1,

8 2005, the Advisory Board shall prepare and submit

9 to the Undersecretary of State for Arms Control and

10 International Security, and to the Committee on

11 International Relations of the House of Representa12 tives and the Committee on Foreign Relations of the

13 Senate, a final report that contains the comprehensive

14 results of the review carried out pursuant to sub15 section (a).

16 (c) EXPERTS AND CONSULTANTS.—In carrying out

17 this section, the Advisory Board may procure temporary

18 and intermittent services of experts and consultants, includ19 ing experts and consultants from nongovernmental organi20 zations, under section 3109(b) of title 5, United States Code.

21 (d) FUNDING AND OTHER RESOURCES.—The Sec22 retary of State shall provide to the Advisory Board an ap23 propriate amount of funding and other resources to enable

24 the Advisory Board to carry out this section.
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1 SEC. 4013. INTERNATIONAL AGREEMENTS TO INTERDICT

2 ACTS OF INTERNATIONAL TERRORISM.

3 Section 1(e)(2) of the State Department Basic Authori4 ties Act of 1956 (22 U.S.C. 2651a(e)(2)), as amended by

5 section 3091(b), is further amended by adding at the end

6 the following:

7 ‘‘(D) ADDITIONAL DUTIES RELATING TO

8 INTERNATIONAL AGREEMENTS TO INTERDICT

9 ACTS OF INTERNATIONAL TERRORISM.—

10 ‘‘(i) IN GENERAL.—In addition to the

11 principal duties of the Coordinator de12 scribed in subparagraph (B), the Coordi13 nator, in consultation with relevant United

14 States Government agencies, shall seek to

15 negotiate on a bilateral basis international

16 agreements under which parties to an agree17 ment work in partnership to address and

18 interdict acts of international terrorism.

19 ‘‘(ii) TERMS OF INTERNATIONAL

20 AGREEMENT.—It is the sense of Congress

21 that—

22 ‘‘(I) each party to an inter23 national agreement referred to in

24 clause (i)—

25 ‘‘(aa) should be in full com26 pliance with United Nations Se-
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1 curity Council Resolution 1373

2 (September 28, 2001), other ap3 propriate international agree4 ments relating to antiterrorism

5 measures, and such other appro6 priate criteria relating to

7 antiterrorism measures;

8 ‘‘(bb) should sign and adhere

9 to a ‘Counterterrorism Pledge’

10 and a list of ‘Interdiction Prin11 ciples’, to be determined by the

12 parties to the agreement;

13 ‘‘(cc) should identify assets

14 and agree to multilateral efforts

15 that maximizes the country’s

16 strengths and resources to address

17 and interdict acts of international

18 terrorism or the financing of such

19 acts;

20 ‘‘(dd) should agree to joint

21 training exercises among the other

22 parties to the agreement; and

23 ‘‘(ee) should agree to the ne24 gotiation and implementation of

25 other relevant international agree-
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1 ments and consensus-based inter2 national standards; and

3 ‘‘(II) an international agreement

4 referred to in clause (i) should contain

5 provisions that require the parties to

6 the agreement—

7 ‘‘(aa) to identify regions

8 throughout the world that are

9 emerging terrorist threats;

10 ‘‘(bb) to establish terrorism

11 interdiction centers in such re12 gions and other regions, as appro13 priate;

14 ‘‘(cc) to deploy terrorism pre15 vention teams to such regions, in16 cluding United States-led teams;

17 and

18 ‘‘(dd) to integrate intel19 ligence, military, and law enforce20 ment personnel from countries

21 that are parties to the agreement

22 in order to work directly with the

23 regional centers described in item

24 (bb) and regional teams described

25 in item (cc).’’.
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1 SEC. 4014. EFFECTIVE COALITION APPROACH TOWARD DE2 TENTION AND HUMANE TREATMENT OF CAP3 TURED TERRORISTS.

4 It is the sense of Congress that the President should

5 pursue by all appropriate diplomatic means with countries

6 that are participating in the Coalition to fight terrorism

7 the development of an effective approach toward the deten8 tion and humane treatment of captured terrorists. The effec9 tive approach referred to in this section may, as appro10 priate, draw on Article 3 of the Convention Relative to the

11 Treatment of Prisoners of War, done at Geneva on August

12 12, 1949 (6 UST 3316).

13 Subtitle B—Prevent the Continued

14 Growth of Terrorism

15 CHAPTER 1—UNITED STATES PUBLIC

16 DIPLOMACY

17 SEC. 4021. ANNUAL REVIEW AND ASSESSMENT OF PUBLIC

18 DIPLOMACY STRATEGY.

19 (a) IN GENERAL.—The Secretary of State, in coordi20 nation with all appropriate Federal agencies, shall submit

21 to the Committee on International Relations of the House

22 of Representatives and the Committee on Foreign Relations

23 of the Senate an annual assessment of the impact of public

24 diplomacy efforts on target audiences. Each assessment

25 shall review the United States public diplomacy strategy

26 worldwide and by region, including an examination of the
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1 allocation of resources and an evaluation and assessment

2 of the progress in, and barriers to, achieving the goals set

3 forth under previous plans submitted under this section. Not

4 later than March 15 of every year, the Secretary shall sub5 mit the assessment required by this subsection.

6 (b) FURTHER ACTION.—On the basis of such review,

7 the Secretary, in coordination with all appropriate Federal

8 agencies, shall submit, as part of the annual budget submis9 sion, a public diplomacy strategy plan which specifies

10 goals, agency responsibilities, and necessary resources and

11 mechanisms for achieving such goals during the next fiscal

12 year. The plan may be submitted in classified form.

13 SEC. 4022. PUBLIC DIPLOMACY TRAINING.

14 (a) STATEMENT OF POLICY.—It should be the policy

15 of the United States:

16 (1) The Foreign Service should recruit individ17 uals with expertise and professional experience in

18 public diplomacy.

19 (2) United States chiefs of mission should have

20 a prominent role in the formulation of public diplo21 macy strategies for the countries and regions to which

22 they are assigned and should be accountable for the

23 operation and success of public diplomacy efforts at

24 their posts.
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1 (3) Initial and subsequent training of Foreign

2 Service officers should be enhanced to include infor3 mation and training on public diplomacy and the

4 tools and technology of mass communication.

5 (b) PERSONNEL.—

6 (1) QUALIFICATIONS.—In the recruitment, train7 ing, and assignment of members of the Foreign Serv8 ice, the Secretary of State shall emphasize the impor9 tance of public diplomacy and applicable skills and

10 techniques. The Secretary shall consider the priority

11 recruitment into the Foreign Service, at middle-level

12 entry, of individuals with expertise and professional

13 experience in public diplomacy, mass communica14 tions, or journalism. The Secretary shall give special

15 consideration to individuals with language facility

16 and experience in particular countries and regions.

17 (2) LANGUAGES OF SPECIAL INTEREST.—The

18 Secretary of State shall seek to increase the number

19 of Foreign Service officers proficient in languages

20 spoken in predominantly Muslim countries. Such in21 crease shall be accomplished through the recruitment

22 of new officers and incentives for officers in service.
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1 SEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUSLIM

2 COUNTRIES.

3 (a) DECLARATION OF POLICY.—Congress declares that

4 the United States should commit to a long-term and sus5 tainable investment in promoting engagement with people

6 of all levels of society in countries with predominantly Mus7 lim populations, particularly with youth and those who in8 fluence youth. Such an investment should make use of the

9 talents and resources in the private sector and should in10 clude programs to increase the number of people who can

11 be exposed to the United States and its fundamental ideas

12 and values in order to dispel misconceptions. Such pro13 grams should include youth exchange programs, young am14 bassadors programs, international visitor programs, aca15 demic and cultural exchange programs, American Corner

16 programs, library programs, journalist exchange programs,

17 sister city programs, and other programs related to people18 to-people diplomacy.

19 (b) SENSE OF CONGRESS.—It is the sense of Congress

20 that the United States should significantly increase its in21 vestment in the people-to-people programs described in sub22 section (a).

23 SEC. 4024. PUBLIC DIPLOMACY REQUIRED FOR PROMOTION

24 IN FOREIGN SERVICE.

25 (a) IN GENERAL.—Section 603(b) of the Foreign Serv26 ice Act of 1980 (22 U.S.C. 4003(b)) is amended by adding
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1 at the end the following new sentences: ‘‘The precepts for

2 such selection boards shall also consider whether the member

3 of the Service or the member of the Senior Foreign Service,

4 as the case may be, has served in at least one position in

5 which the primary responsibility of such member was re6 lated to public diplomacy. A member may not be promoted

7 into or within the Senior Foreign Service if such member

8 has not served in at least one such position.’’.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on January 1, 2009.

11 CHAPTER 2—UNITED STATES

12 MULTILATERAL DIPLOMACY

13 SEC. 4031. PURPOSE.

14 It is the purpose of this chapter to strengthen United

15 States leadership and effectiveness at international organi16 zations and multilateral institutions.

17 SEC. 4032. SUPPORT AND EXPANSION OF DEMOCRACY CAU18 CUS.

19 (a) IN GENERAL.—The President, acting through the

20 Secretary of State and the relevant United States chiefs of

21 mission, shall—

22 (1) continue to strongly support and seek to ex23 pand the work of the democracy caucus at the United

24 Nations General Assembly and the United Nations

25 Human Rights Commission; and
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1 (2) seek to establish a democracy caucus at the

2 United Nations Conference on Disarmament and at

3 other broad-based international organizations.

4 (b) PURPOSES OF THE CAUCUS.—A democracy caucus

5 at an international organization should—

6 (1) forge common positions, including, as appro7 priate, at the ministerial level, on matters of concern

8 before the organization and work within and across

9 regional lines to promote agreed positions;

10 (2) work to revise an increasingly outmoded sys11 tem of membership selection, regional voting, and de12 cision making; and

13 (3) establish a rotational leadership agreement to

14 provide member countries an opportunity, for a set

15 period of time, to serve as the designated president of

16 the caucus, responsible for serving as its voice in each

17 organization.

18 SEC. 4033. LEADERSHIP AND MEMBERSHIP OF INTER19 NATIONAL ORGANIZATIONS.

20 (a) UNITED STATES POLICY.—The President, acting

21 through the Secretary of State, the relevant United States

22 chiefs of mission, and, where appropriate, the Secretary of

23 the Treasury, shall use the voice, vote, and influence of the

24 United States to—
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1 (1) where appropriate, reform the criteria for

2 leadership and, in appropriate cases, for membership,

3 at all United Nations bodies and at other inter4 national organizations and multilateral institutions

5 to which the United States is a member so as to ex6 clude countries that violate the principles of the spe7 cific organization;

8 (2) make it a policy of the United Nations and

9 other international organizations and multilateral in10 stitutions of which the United States is a member

11 that a member country may not stand in nomination

12 for membership or in nomination or in rotation for

13 a leadership position in such bodies if the member

14 country is subject to sanctions imposed by the United

15 Nations Security Council; and

16 (3) work to ensure that no member country stand

17 in nomination for membership, or in nomination or

18 in rotation for a leadership position in such organi19 zations, or for membership on the United Nations Se20 curity Council, if the member country is subject to a

21 determination under section 6(j)(1)(A) of the Export

22 Administration Act of 1979 (50 U.S.C. App.

23 2405(j)(1)(A)), section 620A(a) of the Foreign Assist24 ance Act of 1961 (22 U.S.C. 2371(a)), or section
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1 40(d) of the Arms Export Control Act (22 U.S.C.

2 2780(d)).

3 (b) REPORT TO CONGRESS.—Not later than 15 days

4 after a country subject to a determination under one or

5 more of the provisions of law specified in subsection (a)(3)

6 is selected for membership or a leadership post in an inter7 national organization of which the United States is a mem8 ber or for membership on the United Nations Security

9 Council, the Secretary of State shall submit to the Com10 mittee on International Relations of the House of Rep11 resentatives and the Committee on Foreign Relations of the

12 Senate a report on any steps taken pursuant to subsection

13 (a)(3).

14 SEC. 4034. INCREASED TRAINING IN MULTILATERAL DIPLO15 MACY.

16 (a) TRAINING PROGRAMS.—Section 708 of the Foreign

17 Service Act of 1980 (22 U.S.C. 4028) is amended by adding

18 at the end the following new subsection:

19 ‘‘(c) TRAINING IN MULTILATERAL DIPLOMACY.—

20 ‘‘(1) IN GENERAL.—The Secretary shall establish

21 a series of training courses for officers of the Service,

22 including appropriate chiefs of mission, on the con23 duct of diplomacy at international organizations and

24 other multilateral institutions and at broad-based
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1 multilateral negotiations of international instru2 ments.

3 ‘‘(2) PARTICULAR PROGRAMS.—The Secretary

4 shall ensure that the training described in paragraph

5 (1) is provided at various stages of the career of mem6 bers of the service. In particular, the Secretary shall

7 ensure that after January 1, 2006—

8 ‘‘(A) officers of the Service receive training

9 on the conduct of diplomacy at international or10 ganizations and other multilateral institutions

11 and at broad-based multilateral negotiations of

12 international instruments as part of their train13 ing upon entry into the Service; and

14 ‘‘(B) officers of the Service, including chiefs

15 of mission, who are assigned to United States

16 missions representing the United States to inter17 national organizations and other multilateral

18 institutions or who are assigned in Washington,

19 D.C., to positions that have as their primary re20 sponsibility formulation of policy towards such

21 organizations and institutions or towards par22 ticipation in broad-based multilateral negotia23 tions of international instruments, receive spe24 cialized training in the areas described in para25 graph (1) prior to beginning of service for such
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1 assignment or, if receiving such training at that

2 time is not practical, within the first year of be3 ginning such assignment.’’.

4 (b) TRAINING FOR CIVIL SERVICE EMPLOYEES.—The

5 Secretary shall ensure that employees of the Department of

6 State who are members of the civil service and who are as7 signed to positions described in section 708(c) of the Foreign

8 Service Act of 1980 (as amended by subsection (a)) receive

9 training described in such section.

10 (c) CONFORMING AMENDMENTS.—Section 708 of such

11 Act is further amended—

12 (1) in subsection (a), by striking ‘‘(a) The’’ and

13 inserting ‘‘(a) TRAINING ON HUMAN RIGHTS.—The’’;

14 and

15 (2) in subsection (b), by striking ‘‘(b) The’’ and

16 inserting ‘‘(b) TRAINING ON REFUGEE LAW AND RE17 LIGIOUS PERSECUTION.—The’’.

18 SEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF OF19 FICE ON MULTILATERAL NEGOTIATIONS.

20 (a) ESTABLISHMENT OF OFFICE.—The Secretary of

21 State is authorized to establish, within the Bureau of Inter22 national Organization Affairs, an Office on Multilateral

23 Negotiations to be headed by a Special Representative for

24 Multilateral Negotiations (in this section referred to as the

25 ‘‘Special Representative’’).
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1 (b) APPOINTMENT.—The Special Representative shall

2 be appointed by the President and shall have the rank of

3 Ambassador-at-Large. At the discretion of the President an4 other official at the Department may serve as the Special

5 Representative.

6 (c) STAFFING.—The Special Representative shall have

7 a staff of Foreign Service and civil service officers skilled

8 in multilateral diplomacy.

9 (d) DUTIES.—The Special Representative shall have

10 the following responsibilities:

11 (1) IN GENERAL.—The primary responsibility of

12 the Special Representative shall be to assist in the or13 ganization of, and preparation for, United States

14 participation in multilateral negotiations, including

15 advocacy efforts undertaken by the Department of

16 State and other United States Government agencies.

17 (2) CONSULTATIONS.—The Special Representa18 tive shall consult with Congress, international organi19 zations, nongovernmental organizations, and the pri20 vate sector on matters affecting multilateral negotia21 tions.

22 (3) ADVISORY ROLE.—The Special Representa23 tive shall advise the Assistant Secretary for Inter24 national Organization Affairs and, as appropriate,

25 the Secretary of State, regarding advocacy at inter-
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1 national organizations, multilateral institutions, and

2 negotiations, and shall make recommendations

3 regarding—

4 (A) effective strategies (and tactics) to

5 achieve United States policy objectives at multi6 lateral negotiations;

7 (B) the need for and timing of high level

8 intervention by the President, the Secretary of

9 State, the Deputy Secretary of State, and other

10 United States officials to secure support from

11 key foreign government officials for United

12 States positions at such organizations, institu13 tions, and negotiations; and

14 (C) the composition of United States delega15 tions to multilateral negotiations.

16 (4) ANNUAL DIPLOMATIC MISSIONS OF MULTI17 LATERAL ISSUES.—The Special Representative, in co18 ordination with the Assistant Secretary for Inter19 national Organization Affairs, shall organize annual

20 diplomatic missions to appropriate foreign countries

21 to conduct consultations between principal officers re22 sponsible for advising the Secretary of State on inter23 national organizations and high-level representatives

24 of the governments of such foreign countries to pro25 mote the United States agenda at the United Nations
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1 General Assembly and other key international fora

2 (such as the United Nations Human Rights Commis3 sion).

4 (5) LEADERSHIP AND MEMBERSHIP OF INTER5 NATIONAL ORGANIZATIONS.—The Special Representa6 tive, in coordination with the Assistant Secretary of

7 International Organization Affairs, shall direct the ef8 forts of the United States to reform the criteria for

9 leadership of and membership in international orga10 nizations as described in section 4033.

11 (6) PARTICIPATION IN MULTILATERAL NEGOTIA12 TIONS.—The Secretary of State may direct the Spe13 cial Representative to serve as a member of a United

14 States delegation to any multilateral negotiation.

15 (7) COORDINATION WITH THE DEPARTMENT OF

16 THE TREASURY.—

17 (A) COORDINATION AND CONSULTATION.—

18 The Special Representative shall coordinate and

19 consult with the relevant staff at the Department

20 of the Treasury in order to prepare recommenda21 tions for the Secretary of State regarding multi22 lateral negotiations involving international fi23 nancial institutions and other multilateral fi24 nancial policymaking bodies.
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1 (B) NEGOTIATING AUTHORITY CLARIFIED.—

2 Notwithstanding any other provision of law, the

3 Secretary of the Treasury shall remain the lead

4 representative and lead negotiator for the United

5 States within the international financial institu6 tions and other multilateral financial policy7 making bodies.

8 (C) DEFINITIONS.—In this paragraph:

9 (i) INTERNATIONAL FINANCIAL INSTI10 TUTIONS.—The term ‘‘international finan11 cial institutions’’ has the meaning given in

12 section 1701(c)(2) of the International Fi13 nancial Institutions Act.

14 (ii) OTHER MULTILATERAL FINANCIAL

15 POLICYMAKING BODIES.—The term ‘‘other

16 multilateral financial policymaking bodies’’

17 means—

18 (I) the Financial Action Task

19 Force at the Organization for Eco20 nomic Cooperation and Development;

21 (II) the international network of

22 financial intelligence units known as

23 the ‘‘Egmont Group’’;

24 (III) the United States, Canada,

25 the United Kingdom, France, Ger-
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1 many, Italy, Japan, and Russia, when

2 meeting as the Group of Eight; and

3 (IV) any other multilateral finan4 cial policymaking group in which the

5 Secretary of the Treasury represents

6 the United States.

7 (iii) FINANCIAL ACTION TASK

8 FORCE.—The term ‘‘Financial Action Task

9 Force’’ means the international policy-mak10 ing and standard-setting body dedicated to

11 combating money laundering and terrorist

12 financing that was created by the Group of

13 Seven (G–7) in 1989.

14 CHAPTER 3—OTHER PUBLIC DIPLOMACY

15 PROVISIONS

16 SEC. 4041. PILOT PROGRAM TO PROVIDE GRANTS TO AMER17 ICAN-SPONSORED SCHOOLS IN PREDOMI18 NANTLY MUSLIM COUNTRIES TO PROVIDE

19 SCHOLARSHIPS.

20 (a) FINDINGS.—Congress finds the following:

21 (1) During the 2003–2004 school year, the Office

22 of Overseas Schools of the Department of State is fi23 nancially assisting 189 elementary and secondary

24 schools in foreign countries.
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1 (2) American-sponsored elementary and sec2 ondary schools are located in more than 20 countries

3 with significant Muslim populations in the Near

4 East, Africa, South Asia, Central Asia, and East

5 Asia.

6 (3) American-sponsored elementary and sec7 ondary schools provide an American-style education

8 in English, with curricula that typically include an

9 emphasis on the development of critical thinking and

10 analytical skills.

11 (b) PURPOSE.—The United States has an interest in

12 increasing the level of financial support provided to Amer13 ican-sponsored elementary and secondary schools in pre14 dominantly Muslim countries, in order to—

15 (1) increase the number of students in such coun16 tries who attend such schools;

17 (2) increase the number of young people who

18 may thereby gain at any early age an appreciation

19 for the culture, society, and history of the United

20 States; and

21 (3) increase the number of young people who

22 may thereby improve their proficiency in the English

23 language.

24 (c) PILOT PROGRAM AUTHORIZED.—The Secretary of

25 State, acting through the Director of the Office of Overseas
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1 Schools of the Department of State, may conduct a pilot

2 program to make grants to American-sponsored elementary

3 and secondary schools in predominantly Muslim countries

4 for the purpose of providing full or partial merit-based

5 scholarships to students from lower- and middle-income

6 families of such countries to attend such schools.

7 (d) DETERMINATION OF ELIGIBLE STUDENTS.—For

8 purposes of expending grant funds, an American-sponsored

9 elementary and secondary school that receives a grant

10 under subsection (c) is authorized to establish criteria to

11 be implemented by such school to determine what constitutes

12 lower- and middle-income families in the country (or region

13 of the country, if regional variations in income levels in

14 the country are significant) in which such school is located.

15 (e) RESTRICTION ON USE OF FUNDS.—Amounts ap16 propriated to the Secretary of State pursuant to the author17 ization of appropriations in subsection (h) shall be used for

18 the sole purpose of making grants under this section, and

19 may not be used for the administration of the Office of

20 Overseas Schools of the Department of State or for any

21 other activity of the Office.

22 (f) VOLUNTARY PARTICIPATION.—Nothing in this sec23 tion shall be construed to require participation in the pilot

24 program by an American-sponsored elementary or sec25 ondary school in a predominantly Muslim country.
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1 (g) REPORT.—Not later than April 15, 2006, the Sec2 retary shall submit to the Committee on International Rela3 tions of the House of Representatives and the Committee

4 on Foreign Relations of the Senate a report on the pilot

5 program. The report shall assess the success of the program,

6 examine any obstacles encountered in its implementation,

7 and address whether it should be continued, and if so, pro8 vide recommendations to increase its effectiveness.

9 (h) FUNDING.—There are authorized to be appro10 priated to the Secretary of State such sums as may be nec11 essary for each of fiscal years 2005, 2006, and 2007 to carry

12 out this section.

13 SEC. 4042. ENHANCING FREE AND INDEPENDENT MEDIA.

14 (a) FINDINGS.—Congress makes the following findings:

15 (1) Freedom of speech and freedom of the press

16 are fundamental human rights.

17 (2) The United States has a national interest in

18 promoting these freedoms by supporting free media

19 abroad, which is essential to the development of free

20 and democratic societies consistent with our own.

21 (3) Free media is undermined, endangered, or

22 nonexistent in many repressive and transitional soci23 eties around the world, including in Eurasia, Africa,

24 and the Middle East.
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1 (4) Individuals lacking access to a plurality of

2 free media are vulnerable to misinformation and

3 propaganda and are potentially more likely to adopt

4 anti-American views.

5 (5) Foreign governments have a responsibility to

6 actively and publicly discourage and rebut unpro7 fessional and unethical media while respecting jour8 nalistic integrity and editorial independence.

9 (b) STATEMENTS OF POLICY.—It shall be the policy

10 of the United States, acting through the Secretary of State,

11 to—

12 (1) ensure that the promotion of press freedoms

13 and free media worldwide is a priority of United

14 States foreign policy and an integral component of

15 United States public diplomacy;

16 (2) respect the journalistic integrity and edi17 torial independence of free media worldwide; and

18 (3) ensure that widely accepted standards for

19 professional and ethical journalistic and editorial

20 practices are employed when assessing international

21 media.

22 (c) GRANTS TO PRIVATE SECTOR GROUP TO ESTAB23 LISH MEDIA NETWORK.—

24 (1) IN GENERAL.—Grants made available to the

25 National Endowment for Democracy (NED) pursuant
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1 to paragraph (3) shall be used by NED to provide

2 funding to a private sector group to establish and

3 manage a free and independent media network in ac4 cordance with paragraph (2).

5 (2) PURPOSE.—The purpose of the network shall

6 be to provide an effective forum to convene a broad

7 range of individuals, organizations, and governmental

8 participants involved in journalistic activities and

9 the development of free and independent media to—

10 (A) fund a clearinghouse to collect and

11 share information concerning international

12 media development and training;

13 (B) improve research in the field of media

14 assistance and program evaluation to better in15 form decisions regarding funding and program

16 design for government and private donors;

17 (C) explore the most appropriate use of ex18 isting means to more effectively encourage the in19 volvement of the private sector in the field of

20 media assistance; and

21 (D) identify effective methods for the devel22 opment of a free and independent media in soci23 eties in transition.

24 (3) FUNDING.—For grants made by the Depart25 ment of State to NED as authorized by the National
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1 Endowment for Democracy Act (Pub. L. 98–164, 97

2 Stat. 1039), there are authorized to be appropriated

3 to the Secretary of State such sums as may be nec4 essary for each of fiscal years 2005, 2006, and 2007

5 to carry out this section.

6 SEC. 4043. COMBATING BIASED OR FALSE FOREIGN MEDIA

7 COVERAGE OF THE UNITED STATES.

8 (a) FINDINGS.—Congress finds the following:

9 (1) Biased or false media coverage of the United

10 States and its allies is a significant factor encour11 aging terrorist acts against the people of the United

12 States.

13 (2) Public diplomacy efforts designed to encour14 age an accurate understanding of the people of the

15 United States and the policies of the United States

16 are unlikely to succeed if foreign publics are subjected

17 to unrelenting biased or false local media coverage of

18 the United States.

19 (3) Where freedom of the press exists in foreign

20 countries the United States can combat biased or false

21 media coverage by responding in the foreign media or

22 by communicating directly to foreign publics in such

23 countries.

24 (4) Foreign governments which encourage biased

25 or false media coverage of the United States bear a
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1 significant degree of responsibility for creating a cli2 mate within which terrorism can flourish. Such gov3 ernments are responsible for encouraging biased or

4 false media coverage if they—

5 (A) issue direct or indirect instructions to

6 the media to publish biased or false information

7 regarding the United States;

8 (B) make deliberately biased or false charges

9 expecting that such charges will be disseminated;

10 or

11 (C) so severely constrain the ability of the

12 media to express criticism of any such govern13 ment that one of the few means of political ex14 pression available is criticism of the United

15 States.

16 (b) STATEMENTS OF POLICY.—

17 (1) FOREIGN GOVERNMENTS.—It shall be the pol18 icy of the United States to regard foreign governments

19 as knowingly engaged in unfriendly acts toward the

20 United States if such governments—

21 (A) instruct their state-owned or influenced

22 media to include content that is anti-American

23 or prejudicial to the foreign and security policies

24 of the United States; or
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1 (B) make deliberately false charges regard2 ing the United States or permit false or biased

3 charges against the United States to be made

4 while constraining normal political discourse.

5 (2) SEEKING MEDIA ACCESS; RESPONDING TO

6 FALSE CHARGES.—It shall be the policy of the United

7 States to—

8 (A) seek access to the media in foreign coun9 tries on terms no less favorable than those af10 forded any other foreign entity or on terms

11 available to the foreign country in the United

12 States; and

13 (B) combat biased or false media coverage

14 in foreign countries of the United States and its

15 allies by responding in the foreign media or by

16 communicating directly to foreign publics.

17 (c) RESPONSIBILITIES REGARDING BIASED OR FALSE

18 MEDIA COVERAGE.—

19 (1) SECRETARY OF STATE.—The Secretary of

20 State shall instruct chiefs of mission to report on and

21 combat biased or false media coverage originating in

22 or received in foreign countries to which such chiefs

23 are posted. Based on such reports and other informa24 tion available to the Secretary, the Secretary shall

25 prioritize efforts to combat such media coverage, giv-
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1 ing special attention to audiences where fostering

2 popular opposition to terrorism is most important

3 and such media coverage is most prevalent.

4 (2) CHIEFS OF MISSION.—Chiefs of mission shall

5 have the following responsibilities:

6 (A) Chiefs of mission shall give strong pri7 ority to combatting biased or false media reports

8 in foreign countries to which such chiefs are

9 posted regarding the United States.

10 (B) Chiefs of mission posted to foreign

11 countries in which freedom of the press exists

12 shall inform the governments of such countries of

13 the policies of the United States regarding biased

14 or false media coverage of the United States, and

15 shall make strong efforts to persuade such gov16 ernments to change policies that encourage such

17 media coverage.

18 (d) REPORTS.—Not later than 120 days after the date

19 of the enactment of this Act and at least annually thereafter

20 until January 1, 2015, the Secretary shall submit to the

21 Committee on International Relations of the House of Rep22 resentatives and the Committee on Foreign Relations of the

23 Senate a report regarding the major themes of biased or

24 false media coverage of the United States in foreign coun25 tries, the actions taken to persuade foreign governments to
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1 change policies that encourage such media coverage (and

2 the results of such actions), and any other actions taken

3 to combat such media coverage in foreign countries.

4 SEC. 4044. REPORT ON BROADCAST OUTREACH STRATEGY.

5 (a) REPORT.—Not later than 180 days after the date

6 of the enactment of this Act, the President shall transmit

7 to the Committee on International Relations of the House

8 of Representatives and the Committee on Foreign Relations

9 of the Senate a report on the strategy of the United States

10 to expand its outreach to foreign Muslim audiences through

11 broadcast media.

12 (b) CONTENT.—The report required under subsection

13 (a) shall contain the following:

14 (1) An assessment of the Broadcasting Board of

15 Governors and the public diplomacy activities of the

16 Department of State with respect to outreach to for17 eign Muslim audiences through broadcast media.

18 (2) An outline of recommended actions that the

19 United States should take to more regularly and com20 prehensively present a United States point of view

21 through indigenous broadcast media in countries with

22 sizeable Muslim populations, including increasing ap23 pearances by United States Government officials, ex24 perts, and citizens.
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1 (3) An assessment of potential incentives for, and

2 costs associated with, encouraging United States

3 broadcasters to dub or subtitle into Arabic and other

4 relevant languages their news and public affairs pro5 grams broadcast in Muslim countries in order to

6 present those programs to a much broader Muslim

7 audience than is currently reached.

8 (4) An assessment of providing a training pro9 gram in media and press affairs for members of the

10 Foreign Service.

11 SEC. 4045. OFFICE RELOCATION.

12 As soon as practicable after the date of the enactment

13 of this Act, the Secretary of State shall take such actions

14 as are necessary to consolidate within the Harry S. Tru15 man Building all offices of the Department of State that

16 are responsible for the conduct of public diplomacy, includ17 ing the Bureau of Educational and Cultural Affairs.

18 SEC. 4046. STRENGTHENING THE COMMUNITY OF DEMOC19 RACIES FOR MUSLIM COUNTRIES.

20 (a) SENSE OF CONGRESS.—It is the sense of Congress

21 that the United States—

22 (1) should work with the Community of Democ23 racies to discuss, develop, and refine policies and as24 sistance programs to support and promote political,
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1 economic, judicial, educational, and social reforms in

2 Muslim countries;

3 (2) should, as part of that effort, secure support

4 to require countries seeking membership in the Com5 munity of Democracies to be in full compliance with

6 the Community’s criteria for participation, as estab7 lished by the Community’s Convening Group, should

8 work to ensure that the criteria are part of a legally

9 binding document, and should urge other donor coun10 tries to use compliance with the criteria as a basis for

11 determining diplomatic and economic relations (in12 cluding assistance programs) with such participating

13 countries; and

14 (3) should seek support for international con15 tributions to the Community of Democracies and

16 should seek authority for the Community’s Convening

17 Group to oversee adherence and compliance of partici18 pating countries with the criteria.

19 (b) MIDDLE EAST PARTNERSHIP INITIATIVE AND

20 BROADER MIDDLE EAST AND NORTH AFRICA INITIA21 TIVE.—Amounts made available to carry out the Middle

22 East Partnership Initiative and the Broader Middle East

23 and North Africa Initiative may be made available to the

24 Community of Democracies in order to strengthen and ex25 pand its work with Muslim countries.
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1 (c) REPORT.—The Secretary of State shall include in

2 the annual report entitled ‘‘Supporting Human Rights and

3 Democracy: The U.S. Record’’ a description of efforts by

4 the Community of Democracies to support and promote po5 litical, economic, judicial, educational, and social reforms

6 in Muslim countries and the extent to which such countries

7 meet the criteria for participation in the Community of De8 mocracies.

9 Subtitle C—Reform of Designation

10 of Foreign Terrorist Organizations

11 SEC. 4051. DESIGNATION OF FOREIGN TERRORIST ORGANI12 ZATIONS.

13 (a) PERIOD OF DESIGNATION.—Section 219(a)(4) of

14 the Immigration and Nationality Act (8 U.S.C. 1189(a)(4))

15 is amended—

16 (1) in subparagraph (A)—

17 (A) by striking ‘‘Subject to paragraphs (5)

18 and (6), a’’ and inserting ‘‘A’’; and

19 (B) by striking ‘‘for a period of 2 years be20 ginning on the effective date of the designation

21 under paragraph (2)(B)’’ and inserting ‘‘until

22 revoked under paragraph (5) or (6) or set aside

23 pursuant to subsection (c)’’;

24 (2) by striking subparagraph (B) and inserting

25 the following:
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1 ‘‘(B) REVIEW OF DESIGNATION UPON PETI2 TION.—

3 ‘‘(i) IN GENERAL.—The Secretary shall

4 review the designation of a foreign terrorist

5 organization under the procedures set forth

6 in clauses (iii) and (iv) if the designated or7 ganization files a petition for revocation

8 within the petition period described in

9 clause (ii).

10 ‘‘(ii) PETITION PERIOD.—For purposes

11 of clause (i)—

12 ‘‘(I) if the designated organization

13 has not previously filed a petition for

14 revocation under this subparagraph,

15 the petition period begins 2 years after

16 the date on which the designation was

17 made; or

18 ‘‘(II) if the designated organiza19 tion has previously filed a petition for

20 revocation under this subparagraph,

21 the petition period begins 2 years after

22 the date of the determination made

23 under clause (iv) on that petition.

24 ‘‘(iii) PROCEDURES.—Any foreign ter25 rorist organization that submits a petition
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1 for revocation under this subparagraph

2 must provide evidence in that petition that

3 the relevant circumstances described in

4 paragraph (1) are sufficiently different

5 from the circumstances that were the basis

6 for the designation such that a revocation

7 with respect to the organization is war8 ranted.

9 ‘‘(iv) DETERMINATION.—

10 ‘‘(I) IN GENERAL.—Not later than

11 180 days after receiving a petition for

12 revocation submitted under this sub13 paragraph, the Secretary shall make a

14 determination as to such revocation.

15 ‘‘(II) CLASSIFIED INFORMA16 TION.—The Secretary may consider

17 classified information in making a de18 termination in response to a petition

19 for revocation. Classified information

20 shall not be subject to disclosure for

21 such time as it remains classified, ex22 cept that such information may be dis23 closed to a court ex parte and in cam24 era for purposes of judicial review

25 under subsection (c).
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1 ‘‘(III) PUBLICATION OF DETER2 MINATION.—A determination made by

3 the Secretary under this clause shall be

4 published in the Federal Register.

5 ‘‘(IV) PROCEDURES.—Any revoca6 tion by the Secretary shall be made in

7 accordance with paragraph (6).’’; and

8 (3) by adding at the end the following:

9 ‘‘(C) OTHER REVIEW OF DESIGNATION.—

10 ‘‘(i) IN GENERAL.—If in a 6-year pe11 riod no review has taken place under sub12 paragraph (B), the Secretary shall review

13 the designation of the foreign terrorist orga14 nization in order to determine whether such

15 designation should be revoked pursuant to

16 paragraph (6).

17 ‘‘(ii) PROCEDURES.—If a review does

18 not take place pursuant to subparagraph

19 (B) in response to a petition for revocation

20 that is filed in accordance with that sub21 paragraph, then the review shall be con22 ducted pursuant to procedures established

23 by the Secretary. The results of such review

24 and the applicable procedures shall not be

25 reviewable in any court.
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1 ‘‘(iii) PUBLICATION OF RESULTS OF

2 REVIEW.—The Secretary shall publish any

3 determination made pursuant to this sub4 paragraph in the Federal Register.’’.

5 (b) ALIASES.—Section 219 of the Immigration and

6 Nationality Act (8 U.S.C. 1189) is amended—

7 (1) by redesignating subsections (b) and (c) as

8 subsections (c) and (d), respectively; and

9 (2) by inserting after subsection (a) the following

10 new subsection (b):

11 ‘‘(b) AMENDMENTS TO A DESIGNATION.—

12 ‘‘(1) IN GENERAL.—The Secretary may amend a

13 designation under this subsection if the Secretary

14 finds that the organization has changed its name,

15 adopted a new alias, dissolved and then reconstituted

16 itself under a different name or names, or merged

17 with another organization.

18 ‘‘(2) PROCEDURE.—Amendments made to a des19 ignation in accordance with paragraph (1) shall be

20 effective upon publication in the Federal Register.

21 Subparagraphs (B) and (C) of subsection (a)(2) shall

22 apply to an amended designation upon such publica23 tion. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8)

24 of subsection (a) shall also apply to an amended des25 ignation.
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1 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis2 trative record shall be corrected to include the amend3 ments as well as any additional relevant information

4 that supports those amendments.

5 ‘‘(4) CLASSIFIED INFORMATION.—The Secretary

6 may consider classified information in amending a

7 designation in accordance with this subsection. Clas8 sified information shall not be subject to disclosure for

9 such time as it remains classified, except that such

10 information may be disclosed to a court ex parte and

11 in camera for purposes of judicial review under sub12 section (c).’’.

13 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

14 Section 219 of the Immigration and Nationality Act (8

15 U.S.C. 1189) is amended—

16 (1) in subsection (a)—

17 (A) in paragraph (3)(B), by striking ‘‘sub18 section (b)’’ and inserting ‘‘subsection (c)’’;

19 (B) in paragraph (6)(A)—

20 (i) in the matter preceding clause (i),

21 by striking ‘‘or a redesignation made under

22 paragraph (4)(B)’’ and inserting ‘‘at any

23 time, and shall revoke a designation upon

24 completion of a review conducted pursuant
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1 to subparagraphs (B) and (C) of paragraph

2 (4)’’; and

3 (ii) in clause (i), by striking ‘‘or redes4 ignation’’;

5 (C) in paragraph (7), by striking ‘‘, or the

6 revocation of a redesignation under paragraph

7 (6),’’; and

8 (D) in paragraph (8)—

9 (i) by striking ‘‘, or if a redesignation

10 under this subsection has become effective

11 under paragraph (4)(B),’’; and

12 (ii) by striking ‘‘or redesignation’’; and

13 (2) in subsection (c), as so redesignated—

14 (A) in paragraph (1), by striking ‘‘of the

15 designation in the Federal Register,’’ and all

16 that follows through ‘‘review of the designation’’

17 and inserting ‘‘in the Federal Register of a des18 ignation, an amended designation, or a deter19 mination in response to a petition for revoca20 tion, the designated organization may seek judi21 cial review’’;

22 (B) in paragraph (2), by inserting ‘‘,

23 amended designation, or determination in re24 sponse to a petition for revocation’’ after ‘‘des25 ignation’’;
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1 (C) in paragraph (3), by inserting ‘‘,

2 amended designation, or determination in re3 sponse to a petition for revocation’’ after ‘‘des4 ignation’’; and

5 (D) in paragraph (4), by inserting ‘‘,

6 amended designation, or determination in re7 sponse to a petition for revocation’’ after ‘‘des8 ignation’’ each place that term appears.

9 (d) SAVINGS PROVISION.—For purposes of applying

10 section 219 of the Immigration and Nationality Act on or

11 after the date of enactment of this Act, the term ‘‘designa12 tion’’, as used in that section, includes all redesignations

13 made pursuant to section 219(a)(4)(B) of the Immigration

14 and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the

15 date of enactment of this Act, and such redesignations shall

16 continue to be effective until revoked as provided in para17 graph (5) or (6) of section 219(a) of the Immigration and

18 Nationality Act (8 U.S.C. 1189(a)).
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1 SEC. 4052. INCLUSION IN ANNUAL DEPARTMENT OF STATE

2 COUNTRY REPORTS ON TERRORISM OF IN3 FORMATION ON TERRORIST GROUPS THAT

4 SEEK WEAPONS OF MASS DESTRUCTION AND

5 GROUPS THAT HAVE BEEN DESIGNATED AS

6 FOREIGN TERRORIST ORGANIZATIONS.

7 (a) INCLUSION IN REPORTS.—Section 140 of the For8 eign Relations Authorization Act, Fiscal Years 1988 and

9 1989 (22 U.S.C. 2656f) is amended—

10 (1) in subsection (a)(2)—

11 (A) by inserting ‘‘any terrorist group

12 known to have obtained or developed, or to have

13 attempted to obtain or develop, weapons of mass

14 destruction,’’ after ‘‘during the preceding five

15 years,’’; and

16 (B) by inserting ‘‘any group designated by

17 the Secretary as a foreign terrorist organization

18 under section 219 of the Immigration and Na19 tionality Act (8 U.S.C. 1189),’’ after ‘‘Export

20 Administration Act of 1979,’’;

21 (2) in subsection (b)(1)(C)(iii), by striking

22 ‘‘and’’ at the end;

23 (3) in subsection (b)(1)(C)—

24 (A) by redesignating clause (iv) as clause

25 (v); and
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1 (B) by inserting after clause (iii) the fol2 lowing new clause:

3 ‘‘(iv) providing weapons of mass de4 struction, or assistance in obtaining or de5 veloping such weapons, to terrorists or ter6 rorist groups; and’’; and

7 (4) in subsection (b)(3) (as redesignated by sec8 tion 4002(b)(2)(B) of this Act)—

9 (A) by redesignating subparagraphs (C),

10 (D), and (E) as (D), (E), and (F), respectively;

11 and

12 (B) by inserting after subparagraph (B) the

13 following new subparagraph:

14 ‘‘(C) efforts by those groups to obtain or de15 velop weapons of mass destruction;’’.

16 (b) EFFECTIVE DATE.—The amendments made by sub17 section (a) shall apply beginning with the first report under

18 section 140 of the Foreign Relations Authorization Act, Fis19 cal Years 1988 and 1989 (22 U.S.C. 2656f), submitted more

20 than one year after the date of the enactment of this Act.

21 Subtitle D—Afghanistan Freedom

22 Support Act Amendments of 2004

23 SEC. 4061. SHORT TITLE.

24 This subtitle may be cited as the ‘‘Afghanistan Free25 dom Support Act Amendments of 2004’’.
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1 SEC. 4062. COORDINATION OF ASSISTANCE FOR AFGHANI2 STAN.

3 (a) FINDINGS.—Congress finds that—

4 (1) the Final Report of the National Commission

5 on Terrorist Attacks Upon the United States criti6 cized the provision of United States assistance to Af7 ghanistan for being too inflexible; and

8 (2) the Afghanistan Freedom Support Act of

9 2002 (Public Law 107–327; 22 U.S.C. 7501 et seq.)

10 contains provisions that provide for flexibility in the

11 provision of assistance for Afghanistan and are not

12 subject to the requirements of typical foreign assist13 ance programs and provide for the designation of a

14 coordinator to oversee United States assistance for Af15 ghanistan.

16 (b) DESIGNATION OF COORDINATOR.—Section 104(a)

17 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.

18 7514(a)) is amended in the matter preceding paragraph (1)

19 by striking ‘‘is strongly urged to’’ and inserting ‘‘shall’’.

20 (c) OTHER MATTERS.—Section 104 of such Act (22

21 U.S.C. 7514) is amended by adding at the end the following:

22 ‘‘(c) PROGRAM PLAN.—The coordinator designated

23 under subsection (a) shall annually submit to the Commit24 tees on International Relations and Appropriations of the

25 House of Representatives and the Committees on Foreign

26 Relations and Appropriations of the Senate the Adminis-
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1 tration’s plan for assistance to Afghanistan together with

2 a description of such assistance in prior years.

3 ‘‘(d) COORDINATION WITH INTERNATIONAL COMMU4 NITY.—The coordinator designated under subsection (a)

5 shall work with the international community and the Gov6 ernment of Afghanistan to ensure that assistance to Afghan7 istan is implemented in a coherent, consistent, and efficient

8 manner to prevent duplication and waste. The coordinator

9 designated under subsection (a) shall work through the Sec10 retary of the Treasury and the United States Executive Di11 rectors at the international financial institutions in order

12 to effectuate these responsibilities within the international

13 financial institutions. The term ‘international financial in14 stitution’ has the meaning given in section 1701(c)(2) of

15 the International Financial Institutions Act.’’.

16 SEC. 4063. GENERAL PROVISIONS RELATING TO THE AF17 GHANISTAN FREEDOM SUPPORT ACT OF 2002.

18 (a) ASSISTANCE TO PROMOTE ECONOMIC, POLITICAL

19 AND SOCIAL DEVELOPMENT.—

20 (1) DECLARATION OF POLICY.—Congress reaf21 firms the authorities contained in title I of the Af22 ghanistan Freedom Support Act of 2002 (22 U.S.C.

23 7501 et seq.; relating to economic and democratic de24 velopment assistance for Afghanistan).
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1 (2) PROVISION OF ASSISTANCE.—Section 103(a)

2 of such Act (22 U.S.C. 7513(a)) is amended in the

3 matter preceding paragraph (1) by striking ‘‘section

4 512 of Public Law 107–115 or any other similar’’

5 and inserting ‘‘any other’’.

6 (b) DECLARATIONS OF POLICY.—Congress makes the

7 following declarations:

8 (1) The United States reaffirms the support that

9 it and other countries expressed for the report entitled

10 ‘‘Securing Afghanistan’s Future’’ in their Berlin Dec11 laration of April 2004. The United States should help

12 enable the growth needed to create an economically

13 sustainable Afghanistan capable of the poverty reduc14 tion and social development foreseen in the report.

15 (2) The United States supports the parliamen16 tary elections to be held in Afghanistan by April 2005

17 and will help ensure that such elections are not un18 dermined by warlords or narcotics traffickers.

19 (3)(A) The United States continues to urge

20 North Atlantic Treaty Organization members and

21 other friendly countries to make much greater mili22 tary contributions toward securing the peace in Af23 ghanistan.

24 (B) The United States should continue to lead in

25 the security domain by, among other things, pro-
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1 viding logistical support to facilitate those contribu2 tions.

3 (C) In coordination with the Government of Af4 ghanistan, the United States should urge others, and

5 act itself, to increase efforts to promote disarmament,

6 demobilization, and reintegration efforts, to enhance

7 counternarcotics activities, to expand deployments of

8 Provincial Reconstruction Teams, and to increase

9 training of Afghanistan’s National Army and its po10 lice and border security forces.

11 (c) LONG-TERM STRATEGY.—

12 (1) STRATEGY.—Title III of such Act (22 U.S.C.

13 7551 et seq.) is amended by adding at the end the fol14 lowing:

15 ‘‘SEC. 304 FORMULATION OF LONG-TERM STRATEGY FOR

16 AFGHANISTAN.

17 ‘‘(a) STRATEGY.—

18 ‘‘(1) IN GENERAL.—Not later than 180 days

19 after the date of the enactment of the Afghanistan

20 Freedom Support Act Amendments of 2004, the Presi21 dent shall formulate and transmit to the Committee

22 on International Relations of the House of Represent23 atives and the Committee on Foreign Relations of the

24 Senate a 5-year strategy for Afghanistan that in25 cludes specific and measurable goals, timeframes for
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1 accomplishing such goals, and specific resource levels

2 necessary for accomplishing such goals for addressing

3 the long-term development and security needs of Af4 ghanistan, including sectors such as agriculture and

5 irrigation, parliamentary and democratic develop6 ment, the judicial system and rule of law, human

7 rights, education, health, telecommunications, elec8 tricity, women’s rights, counternarcotics, police, bor9 der security, anti-corruption, and other law-enforce10 ment activities.

11 ‘‘(2) ADDITIONAL REQUIREMENT.—The strategy

12 shall also delineate responsibilities for achieving such

13 goals and identify and address possible external fac14 tors that could significantly affect the achievement of

15 such goals.

16 ‘‘(b) IMPLEMENTATION.—Not later than 30 days after

17 the date of the transmission of the strategy required by sub18 section (a), the Secretary of State, the Administrator of the

19 United States Agency for International Development, and

20 the Secretary of Defense shall submit to the Committee on

21 International Relations of the House of Representatives and

22 the Committee on Foreign Relations of the Senate a written

23 5-year action plan to implement the strategy developed pur24 suant to subsection (a). Such action plan shall include a

25 description and schedule of the program evaluations that
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1 will monitor progress toward achieving the goals described

2 in subsection (a).

3 ‘‘(c) REVIEW.—The Secretary of State, the Adminis4 trator of the United States Agency for International Devel5 opment, and the Secretary of Defense shall carry out an

6 annual review of the strategy required by subsection (a) and

7 the action plan required by subsection (b).

8 ‘‘(d) MONITORING.—The report required by section

9 206(c)(2) of this Act shall include—

10 ‘‘(1) a description of progress toward implemen11 tation of both the strategy required by subsection (a)

12 and the action plan required by subsection (b); and

13 ‘‘(2) a description of any changes to the strategy

14 or action plan since the date of the submission of the

15 last report required by such section.’’.

16 (2) CLERICAL AMENDMENT.—The table of con17 tents for such Act (22 U.S.C. 7501 note) is amended

18 by adding after the item relating to section 303 the

19 following:

‘‘Sec. 304. Formulation of long-term strategy for Afghanistan.’’.

20 SEC. 4064. RULE OF LAW AND RELATED ISSUES.

21 Section 103(a)(5)(A) of the Afghanistan Freedom Sup22 port Act of 2002 (22 U.S.C. 7513(a)(5)(A)) is amended—

23 (1) in clause (v), to read as follows:

24 ‘‘(v) support for the activities of the

25 Government of Afghanistan to develop mod-
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1 ern legal codes and court rules, to provide

2 for the creation of legal assistance pro3 grams, and other initiatives to promote the

4 rule of law in Afghanistan;’’;

5 (2) in clause (xii), to read as follows:

6 ‘‘(xii) support for the effective adminis7 tration of justice at the national, regional,

8 and local levels, including programs to im9 prove penal institutions and the rehabilita10 tion of prisoners, to establish a responsible

11 and community-based police force, and to

12 rehabilitate or construct courthouses and de13 tention facilities;’’; and

14 (3) in clause (xiii), by striking ‘‘and’’ at the end;

15 (4) in clause (xiv), by striking the period at the

16 end and inserting ‘‘; and’’; and

17 (5) by adding at the end the following:

18 ‘‘(xv) assistance for the protection of

19 Afghanistan’s culture, history, and national

20 identity, including with the rehabilitation

21 of Afghanistan’s museums and sites of cul22 tural significance.’’.
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1 SEC. 4065. MONITORING OF ASSISTANCE.

2 Section 108 of the Afghanistan Freedom Support Act

3 of 2002 (22 U.S.C. 7518) is amended by adding at the end

4 the following:

5 ‘‘(c) MONITORING OF ASSISTANCE FOR AFGHANI6 STAN.—

7 ‘‘(1) REPORT.—The Secretary of State, in con8 sultation with the Administrator for the United

9 States Agency for International Development, shall

10 submit to the Committee on International Relations

11 of the House of Representatives and the Committee on

12 Foreign Relations of the Senate a report on the obli13 gations and expenditures of United States assistance

14 for Afghanistan from all United States Government

15 agencies. The first report under this paragraph shall

16 be submitted not later than January 15, 2005, and

17 subsequent reports shall be submitted every six months

18 thereafter and may be included in the report required

19 by section 206(c)(2) of this Act.

20 ‘‘(2) SUBMISSION OF INFORMATION FOR RE21 PORT.—The head of each United States Government

22 agency referred to in paragraph (1) shall provide on

23 a timely basis to the Secretary of State such informa24 tion as the Secretary may reasonably require to allow

25 the Secretary to prepare and submit the report re26 quired by such paragraph.’’.
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1 SEC. 4066. UNITED STATES POLICY TO SUPPORT DISAR2 MAMENT OF PRIVATE MILITIAS AND TO SUP3 PORT EXPANSION OF INTERNATIONAL

4 PEACEKEEPING AND SECURITY OPERATIONS

5 IN AFGHANISTAN.

6 (a) DISARMAMENT OF PRIVATE MILITIAS.—Section

7 103 of the Afghanistan Freedom Support Act of 2002 (22

8 U.S.C. 7513) is amended by adding at the end the following:

9 ‘‘(d) UNITED STATES POLICY RELATING TO DISAR10 MAMENT OF PRIVATE MILITIAS.—

11 ‘‘(1) IN GENERAL.—It shall be the policy of the

12 United States to take immediate steps to provide ac13 tive support for the disarmament, demobilization, and

14 reintegration of armed soldiers, particularly child sol15 diers, in Afghanistan, in close consultation with the

16 President of Afghanistan.

17 ‘‘(2) REPORT.—The report required by section

18 206(c)(2) of this Act shall include a description of the

19 progress to implement paragraph (1).’’.

20 (b) INTERNATIONAL PEACEKEEPING AND SECURITY

21 OPERATIONS.—Section 103 of such Act (22 U.S.C.

22 7513(d)), as amended by subsection (a), is further amended

23 by adding at the end the following:

24 ‘‘(e) UNITED STATES POLICY RELATING TO INTER25 NATIONAL PEACEKEEPING AND SECURITY OPERATIONS.—

26 It shall be the policy of the United States to make every
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1 effort to support the expansion of international peace2 keeping and security operations in Afghanistan in order

3 to—

4 ‘‘(1) increase the area in which security is pro5 vided and undertake vital tasks related to promoting

6 security, such as disarming warlords, militias, and

7 irregulars, and disrupting opium production; and

8 ‘‘(2) safeguard highways in order to allow the

9 free flow of commerce and to allow material assist10 ance to the people of Afghanistan, and aid personnel

11 in Afghanistan, to move more freely.’’.

12 SEC. 4067. EFFORTS TO EXPAND INTERNATIONAL PEACE13 KEEPING AND SECURITY OPERATIONS IN AF14 GHANISTAN.

15 Section 206(d)(1) of the Afghanistan Freedom Support

16 Act of 2002 (22 U.S.C. 7536(d)(1)) is amended to read as

17 follows:

18 ‘‘(1) EFFORTS TO EXPAND INTERNATIONAL

19 PEACEKEEPING AND SECURITY OPERATIONS IN AF20 GHANISTAN.—

21 ‘‘(A) EFFORTS.—The President shall en22 courage, and, as authorized by law, enable other

23 countries to actively participate in expanded

24 international peacekeeping and security oper25 ations in Afghanistan, especially through the
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1 provision of military personnel for extended pe2 riods of time.

3 ‘‘(B) REPORTS.—The President shall pre4 pare and transmit to the Committee on Inter5 national Relations of the House of Representa6 tives and the Committee on Foreign Relations of

7 the Senate a report on efforts carried out pursu8 ant to subparagraph (A). The first report under

9 this subparagraph shall be transmitted not later

10 than 60 days after the date of the enactment of

11 the Afghanistan Freedom Support Act Amend12 ments of 2004 and subsequent reports shall be

13 transmitted every six months thereafter and may

14 be included in the report required by subsection

15 (c)(2).’’.

16 SEC. 4068. PROVISIONS RELATING TO COUNTERNARCOTICS

17 EFFORTS IN AFGHANISTAN.

18 (a) COUNTERNARCOTICS EFFORTS.—The Afghanistan

19 Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) is

20 amended—

21 (1) by redesignating—

22 (A) title III as title IV; and

23 (B) sections 301 through 305 as sections

24 401 through 405, respectively; and

25 (2) by inserting after title II the following:
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1 ‘‘TITLE III—PROVISIONS RELAT2 ING TO COUNTERNARCOTICS

3 EFFORTS IN AFGHANISTAN

4 ‘‘SEC. 301. ASSISTANCE FOR COUNTERNARCOTICS EF5 FORTS.

6 ‘‘In addition to programs established pursuant to sec7 tion 103(a)(3) of this Act or other similar programs, the

8 President is authorized and encouraged to implement spe9 cific initiatives to assist in the eradication of poppy cul10 tivation and the disruption of heroin production in Afghan11 istan, such as—

12 ‘‘(1) promoting alternatives to poppy cultivation,

13 including the introduction of high value crops that

14 are suitable for export and the provision of appro15 priate technical assistance and credit mechanisms for

16 farmers;

17 ‘‘(2) enhancing the ability of farmers to bring le18 gitimate agricultural goods to market;

19 ‘‘(3) notwithstanding section 660 of the Foreign

20 Assistance Act of 1961 (22 U.S.C. 2420), assistance,

21 including nonlethal equipment, training (including

22 training in internationally recognized standards of

23 human rights, the rule of law, anti-corruption, and

24 the promotion of civilian police roles that support de25 mocracy), and payments, during fiscal years 2006
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1 through 2008, for salaries for special counternarcotics

2 police and supporting units;

3 ‘‘(4) training the Afghan National Army in

4 counternarcotics activities; and

5 ‘‘(5) creating special counternarcotics courts,

6 prosecutors, and places of incarceration.

7 ‘‘SEC. 302. SENSE OF CONGRESS AND REPORT REGARDING

8 COUNTER-DRUG EFFORTS IN AFGHANISTAN.

9 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress

10 that—

11 ‘‘(1) the President should make the substantial

12 reduction of illegal drug production and trafficking

13 in Afghanistan a priority in the Global War on Ter14 rorism;

15 ‘‘(2) the Secretary of Defense, in coordination

16 with the Secretary of State and the heads of other ap17 propriate Federal agencies, should expand cooperation

18 with the Government of Afghanistan and inter19 national organizations involved in counter-drug ac20 tivities to assist in providing a secure environment

21 for counter-drug personnel in Afghanistan; and

22 ‘‘(3) the United States, in conjunction with the

23 Government of Afghanistan and coalition partners,

24 should undertake additional efforts to reduce illegal

25 drug trafficking and related activities that provide fi-
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1 nancial support for terrorist organizations in Afghan2 istan and neighboring countries.

3 ‘‘(b) REPORT REQUIRED.—(1) The Secretary of De4 fense and the Secretary of State shall jointly prepare a re5 port that describes—

6 ‘‘(A) the progress made towards substantially re7 ducing poppy cultivation and heroin production ca8 pabilities in Afghanistan; and

9 ‘‘(B) the extent to which profits from illegal drug

10 activity in Afghanistan are used to financially sup11 port terrorist organizations and groups seeking to un12 dermine the Government of Afghanistan.

13 ‘‘(2) The report required by this subsection shall be

14 submitted to Congress not later than 120 days after the date

15 of the enactment of the 9/11 Recommendations Implementa16 tion Act.’’.

17 (b) CLERICAL AMENDMENTS.—The table of contents for

18 such Act (22 U.S.C. 7501 note) is amended—

19 (1) by redesignating—

20 (A) the item relating to title III as the item

21 relating to title IV; and

22 (B) the items relating to sections 301

23 through 305 as the items relating to sections 401

24 through 405; and
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1 (2) by inserting after the items relating to title

2 II the following:

‘‘TITLE III—PROVISIONS RELATING TO COUNTERNARCOTICS

EFFORTS IN AFGHANISTAN

‘‘Sec. 301. Assistance for counternarcotics efforts.

‘‘Sec. 302. Sense of Congress and report regarding counter-drug efforts in Afghanistan.’’.

3 SEC. 4069. ADDITIONAL AMENDMENTS TO THE AFGHANI4 STAN FREEDOM SUPPORT ACT OF 2002.

5 (a) TECHNICAL AMENDMENT.—Section

6 103(a)(7)(A)(xii) of the Afghanistan Freedom Support Act

7 of 2002 (22 U.S.C. 7513(a)(7)(A)(xii)) is amended by strik8 ing ‘‘National’’ and inserting ‘‘Afghan Independent’’.

9 (b) REPORTING REQUIREMENT.—Section 206(c)(2) of

10 such Act (22 U.S.C. 7536(c)(2)) is amended in the matter

11 preceding subparagraph (A) by striking ‘‘2007’’ and insert12 ing ‘‘2012’’.

13 SEC. 4070. REPEAL.

14 Section 620D of the Foreign Assistance Act of 1961

15 (22 U.S.C. 2374; relating to prohibition on assistance to

16 Afghanistan) is hereby repealed.

17 Subtitle E—Provisions Relating to

18 Saudi Arabia and Pakistan

19 SEC. 4081. NEW UNITED STATES STRATEGY FOR RELATION20 SHIP WITH SAUDI ARABIA.

21 (a) SENSE OF CONGRESS.—It is the sense of Congress

22 that the relationship between the United States and Saudi
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1 Arabia should include a more robust dialogue between the

2 people and Government of the United States and the people

3 and Government of Saudi Arabia in order to provide for

4 a reevaluation of, and improvements to, the relationship by

5 both sides.

6 (b) REPORT.—

7 (1) IN GENERAL.—Not later than one year after

8 the date of the enactment of this Act, the President

9 shall transmit to the Committee on International Re10 lations of the House of Representatives and the Com11 mittee on Foreign Relations of the Senate a strategy

12 for collaboration with the people and Government of

13 Saudi Arabia on subjects of mutual interest and im14 portance to the United States.

15 (2) CONTENTS.—The strategy required under

16 paragraph (1) shall include the following provisions:

17 (A) A framework for security cooperation in

18 the fight against terrorism, with special reference

19 to combating terrorist financing and an exam20 ination of the origins of modern terrorism.

21 (B) A framework for political and economic

22 reform in Saudi Arabia and throughout the Mid23 dle East.

24 (C) An examination of steps that should be

25 taken to reverse the trend toward extremism in
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1 Saudi Arabia and other Muslim countries and

2 throughout the Middle East.

3 (D) A framework for promoting greater tol4 erance and respect for cultural and religious di5 versity in Saudi Arabia and throughout the

6 Middle East.

7 (3) FORM.—The strategy required by this sub8 section may contain a classified annex.

9 SEC. 4082. UNITED STATES COMMITMENT TO THE FUTURE

10 OF PAKISTAN.

11 (a) SENSE OF CONGRESS.—It is the sense of Congress

12 that the United States should, over a long-term period, help

13 to ensure a promising, stable, and secure future for Paki14 stan, and should in particular provide assistance to encour15 age and enable Pakistan—

16 (1) to continue and improve upon its commit17 ment to combating extremists;

18 (2) to seek to resolve any outstanding difficulties

19 with its neighbors and other countries in its region;

20 (3) to continue to make efforts to fully control its

21 territory and borders;

22 (4) to progress towards becoming a more effective

23 and participatory democracy;
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1 (5) to participate more vigorously in the global

2 marketplace and to continue to modernize its econ3 omy;

4 (6) to take all necessary steps to halt the spread

5 of weapons of mass destruction;

6 (7) to continue to reform its education system;

7 and

8 (8) to, in other ways, implement a general strat9 egy of moderation.

10 (b) STRATEGY.—Not later than 180 days after the date

11 of the enactment of this Act, the President shall transmit

12 to Congress a detailed proposed strategy for the future, long13 term, engagement of the United States with Pakistan. The

14 strategy required by this subsection may contain a classi15 fied annex.

16 SEC. 4083. EXTENSION OF PAKISTAN WAIVERS.

17 The Act entitled ‘‘An Act to authorize the President

18 to exercise waivers of foreign assistance restrictions with re19 spect to Pakistan through September 30, 2003, and for other

20 purposes’’, approved October 27, 2001 (Public Law 107–

21 57; 115 Stat. 403), as amended by section 2213 of the Emer22 gency Supplemental Appropriations Act for Defense and for

23 the Reconstruction of Iraq and Afghanistan, 2004 (Public

24 Law 108–106; 117 Stat. 1232), is further amended—

25 (1) in section 1(b)—
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1 (A) in the heading, by striking ‘‘FISCAL

2 YEAR 2004’’ and inserting ‘‘FISCAL YEARS 2005

3 AND 2006’’; and

4 (B) in paragraph (1), by striking ‘‘2004’’

5 and inserting ‘‘2005 or 2006’’;

6 (2) in section 3(2), by striking ‘‘and 2004,’’ and

7 inserting ‘‘2004, 2005, and 2006’’; and

8 (3) in section 6, by striking ‘‘2004’’ and insert9 ing ‘‘2006’’.

10 Subtitle F—Oversight Provisions

11 SEC. 4091. CASE-ZABLOCKI ACT REQUIREMENTS.

12 (a) AVAILABILITY OF TREATIES AND INTERNATIONAL

13 AGREEMENTS.—Section 112a of title 1, United States Code,

14 is amended by adding at the end the following:

15 ‘‘(d) The Secretary of State shall cause to be published

16 in slip form or otherwise made publicly available through

17 the Internet website of the Department of State each treaty

18 or international agreement proposed to be published in the

19 compilation entitled ‘United States Treaties and Other

20 International Agreements’ not later than 180 days after the

21 date on which the treaty or agreement enters into force.’’.

22 (b) TRANSMISSION TO CONGRESS.—Section 112b(a) of

23 title 1, United States Code (commonly referred to as the

24 ‘‘Case-Zablocki Act’’), is amended—
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1 (1) in the first sentence, by striking ‘‘has entered

2 into force’’ and inserting ‘‘has been signed or entered

3 into force’’; and

4 (2) in the second sentence, by striking ‘‘Com5 mittee on Foreign Affairs’’ and inserting ‘‘Committee

6 on International Relations’’.

7 (c) REPORT.—Section 112b of title 1, United States

8 Code, is amended—

9 (1) by redesignating subsections (d) and (e) as

10 subsections (e) and (f), respectively; and

11 (2) by inserting after subsection (c) the fol12 lowing:

13 ‘‘(d)(1) The Secretary of State shall submit to Congress

14 on an annual basis a report that contains an index of all

15 international agreements (including oral agreements), list16 ed by country, date, title, and summary of each such agree17 ment (including a description of the duration of activities

18 under the agreement and the agreement itself), that the

19 United States—

20 ‘‘(A) has signed, proclaimed, or with reference to

21 which any other final formality has been executed, or

22 that has been extended or otherwise modified, during

23 the preceding calendar year; and
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1 ‘‘(B) has not been published, or is not proposed

2 to be published, in the compilation entitled ‘United

3 States Treaties and Other International Agreements’.

4 ‘‘(2) The report described in paragraph (1) may be

5 submitted in classified form.’’.

6 (d) DETERMINATION OF INTERNATIONAL AGREE7 MENT.—Subsection (e) of section 112b of title 1, United

8 States Code, (as redesignated) is amended—

9 (1) by striking ‘‘(e) The Secretary of State’’ and

10 inserting ‘‘(e)(1) Subject to paragraph (2), the Sec11 retary of State’’; and

12 (2) by adding at the end the following:

13 ‘‘(2)(A) An arrangement shall constitute an inter14 national agreement within the meaning of this section

15 (other than subsection (c) of this section) irrespective of the

16 duration of activities under the arrangement or the ar17 rangement itself.

18 ‘‘(B) Arrangements that constitute an international

19 agreement within the meaning of this section (other than

20 subsection (c) of this section) include, but are not limited

21 to, the following:

22 ‘‘(i) A bilateral or multilateral counterterrorism

23 agreement.

24 ‘‘(ii) A bilateral agreement with a country that

25 is subject to a determination under section 6(j)(1)(A)
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1 of the Export Administration Act of 1979 (50 U.S.C.

2 App. 2405(j)(1)(A)), section 620A(a) of the Foreign

3 Assistance Act of 1961 (22 U.S.C. 2371(a)), or section

4 40(d) of the Arms Export Control Act (22 U.S.C.

5 2780(d)).’’.

6 (e) ENFORCEMENT OF REQUIREMENTS.—Section

7 139(b) of the Foreign Relations Authorization Act, Fiscal

8 Years 1988 and 1989 is amended to read as follows:

9 ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall take ef10 fect 60 days after the date of the enactment of the 9/11 Rec11 ommendations Implementation Act and shall apply during

12 fiscal years 2005, 2006, and 2007.’’.

13 Subtitle G—Additional Protections

14 of United States Aviation System

15 from Terrorist Attacks

16 SEC. 4101. INTERNATIONAL AGREEMENTS TO ALLOW MAX17 IMUM DEPLOYMENT OF FEDERAL FLIGHT

18 DECK OFFICERS.

19 The President is encouraged to pursue aggressively

20 international agreements with foreign governments to allow

21 the maximum deployment of Federal air marshals and Fed22 eral flight deck officers on international flights.

23 SEC. 4102. FEDERAL AIR MARSHAL TRAINING.

24 Section 44917 of title 49, United States Code, is

25 amended by adding at the end the following:
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1 ‘‘(d) TRAINING FOR FOREIGN LAW ENFORCEMENT

2 PERSONNEL.—

3 ‘‘(1) IN GENERAL.—The Assistant Secretary for

4 Immigration and Customs Enforcement of the De5 partment of Homeland Security, after consultation

6 with the Secretary of State, may direct the Federal

7 Air Marshal Service to provide appropriate air mar8 shal training to law enforcement personnel of foreign

9 countries.

10 ‘‘(2) WATCHLIST SCREENING.—The Federal Air

11 Marshal Service may only provide appropriate air

12 marshal training to law enforcement personnel of for13 eign countries after comparing the identifying infor14 mation and records of law enforcement personnel of

15 foreign countries against appropriate records in the

16 consolidated and integrated terrorist watchlists of the

17 Federal Government.

18 ‘‘(3) FEES.—The Assistant Secretary shall estab19 lish reasonable fees and charges to pay expenses in20 curred in carrying out this subsection. Funds col21 lected under this subsection shall be credited to the ac22 count in the Treasury from which the expenses were

23 incurred and shall be available to the Assistant Sec24 retary for purposes for which amounts in such ac25 count are available.’’.
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1 SEC. 4103. MAN-PORTABLE AIR DEFENSE SYSTEMS

2 (MANPADS).

3 (a) UNITED STATES POLICY ON NONPROLIFERATION

4 AND EXPORT CONTROL.—

5 (1) TO LIMIT AVAILABILITY AND TRANSFER OF

6 MANPADS.—The President shall pursue, on an urgent

7 basis, further strong international diplomatic and co8 operative efforts, including bilateral and multilateral

9 treaties, in the appropriate forum to limit the avail10 ability, transfer, and proliferation of MANPADSs

11 worldwide.

12 (2) TO LIMIT THE PROLIFERATION OF

13 MANPADS.—The President is encouraged to seek to

14 enter into agreements with the governments of foreign

15 countries that, at a minimum, would—

16 (A) prohibit the entry into force of a

17 MANPADS manufacturing license agreement

18 and MANPADS co-production agreement, other

19 than the entry into force of a manufacturing li20 cense or co-production agreement with a country

21 that is party to such an agreement;

22 (B) prohibit, except pursuant to transfers

23 between governments, the export of a MANPADS,

24 including any component, part, accessory, or at25 tachment thereof, without an individual vali26 dated license; and
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1 (C) prohibit the reexport or retransfer of a

2 MANPADS, including any component, part, ac3 cessory, or attachment thereof, to a third person,

4 organization, or government unless the written

5 consent of the government that approved the

6 original export or transfer is first obtained.

7 (3) TO ACHIEVE DESTRUCTION OF MANPADS.—

8 The President should continue to pursue further

9 strong international diplomatic and cooperative ef10 forts, including bilateral and multilateral treaties, in

11 the appropriate forum to assure the destruction of ex12 cess, obsolete, and illicit stocks of MANPADSs world13 wide.

14 (4) REPORTING AND BRIEFING REQUIREMENT.—

15 (A) PRESIDENT’S REPORT.—Not later than

16 180 days after the date of enactment of this Act,

17 the President shall transmit to the appropriate

18 congressional committees a report that contains

19 a detailed description of the status of diplomatic

20 efforts under paragraphs (1), (2), and (3) and of

21 efforts by the appropriate United States agencies

22 to comply with the recommendations of the Gen23 eral Accounting Office set forth in its report

24 GAO–04–519, entitled ‘‘Nonproliferation: Fur25 ther Improvements Needed in U.S. Efforts to
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1 Counter Threats from Man-Portable Air Defense

2 Systems’’.

3 (B) ANNUAL BRIEFINGS.—Annually after

4 the date of submission of the report under sub5 paragraph (A) and until completion of the diplo6 matic and compliance efforts referred to in sub7 paragraph (A), the Secretary of State shall brief

8 the appropriate congressional committees on the

9 status of such efforts.

10 (b) FAA AIRWORTHINESS CERTIFICATION OF MISSILE

11 DEFENSE SYSTEMS FOR COMMERCIAL AIRCRAFT.—

12 (1) IN GENERAL.—As soon as practicable, but

13 not later than the date of completion of Phase II of

14 the Department of Homeland Security’s counter-man15 portable air defense system (MANPADS) development

16 and demonstration program, the Administrator of the

17 Federal Aviation Administration shall establish a

18 process for conducting airworthiness and safety cer19 tification of missile defense systems for commercial

20 aircraft certified as effective and functional by the

21 Department of Homeland Security. The process shall

22 require a certification by the Administrator that such

23 systems can be safely integrated into aircraft systems

24 and ensure airworthiness and aircraft system integ25 rity.
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1 (2) CERTIFICATION ACCEPTANCE.—Under the

2 process, the Administrator shall accept the certifi3 cation of the Department of Homeland Security that

4 a missile defense system is effective and functional to

5 defend commercial aircraft against MANPADSs.

6 (3) EXPEDITIOUS CERTIFICATION.—Under the

7 process, the Administrator shall expedite the air8 worthiness and safety certification of missile defense

9 systems for commercial aircraft certified by the De10 partment of Homeland Security.

11 (4) REPORTS.—Not later than 90 days after the

12 first airworthiness and safety certification for a mis13 sile defense system for commercial aircraft is issued

14 by the Administrator, and annually thereafter until

15 December 31, 2008, the Federal Aviation Administra16 tion shall transmit to the Committee on Transpor17 tation and Infrastructure of the House of Representa18 tives and the Committee on Commerce, Science, and

19 Transportation of the Senate a report that contains

20 a detailed description of each airworthiness and safe21 ty certification issued for a missile defense system for

22 commercial aircraft.

23 (c) PROGRAMS TO REDUCE MANPADS.—

24 (1) IN GENERAL.—The President is encouraged

25 to pursue strong programs to reduce the number of
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1 MANPADSs worldwide so that fewer MANPADSs

2 will be available for trade, proliferation, and sale.

3 (2) REPORTING AND BRIEFING REQUIRE4 MENTS.—Not later than 180 days after the date of en5 actment of this Act, the President shall transmit to

6 the appropriate congressional committees a report

7 that contains a detailed description of the status of

8 the programs being pursued under subsection (a). An9 nually thereafter until the programs are no longer

10 needed, the Secretary of State shall brief the appro11 priate congressional committees on the status of pro12 grams.

13 (3) FUNDING.—There are authorized to be ap14 propriated such sums as may be necessary to carry

15 out this section.

16 (d) MANPADS VULNERABILITY ASSESSMENTS RE17 PORT.—

18 (1) IN GENERAL.—Not later than one year after

19 the date of enactment of this Act, the Secretary of

20 Homeland Security shall transmit to the Committee

21 on Transportation and Infrastructure of the House of

22 Representatives and the Committee on Commerce,

23 Science, and Transportation of the Senate a report

24 describing the Department of Homeland Security’s
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1 plans to secure airports and the aircraft arriving and

2 departing from airports against MANPADSs attacks.

3 (2) MATTERS TO BE ADDRESSED.—The Sec4 retary’s report shall address, at a minimum, the fol5 lowing:

6 (A) The status of the Department’s efforts to

7 conduct MANPADSs vulnerability assessments

8 at United States airports at which the Depart9 ment is conducting assessments.

10 (B) How intelligence is shared between the

11 United States intelligence agencies and Federal,

12 State, and local law enforcement to address the

13 MANPADS threat and potential ways to im14 prove such intelligence sharing.

15 (C) Contingency plans that the Department

16 has developed in the event that it receives intel17 ligence indicating a high threat of a MANPADS

18 attack on aircraft at or near United States air19 ports.

20 (D) The feasibility and effectiveness of im21 plementing public education and neighborhood

22 watch programs in areas surrounding United

23 States airports in cases in which intelligence re24 ports indicate there is a high risk of MANPADS

25 attacks on aircraft.
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1 (E) Any other issues that the Secretary

2 deems relevant.

3 (3) FORMAT.—The report required by this sub4 section may be submitted in a classified format.

5 (e) DEFINITIONS.—In this section, the following defini6 tions apply:

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional commit9 tees’’ means—

10 (A) the Committee on Armed Services, the

11 Committee on International Relations, and the

12 Committee on Transportation and Infrastructure

13 of the House of Representatives; and

14 (B) the Committee on Armed Services, the

15 Committee on Foreign Relations, and the Com16 mittee on Commerce, Science, and Transpor17 tation of the Senate.

18 (2) MANPADS.—The term ‘‘MANPADS’’

19 means—

20 (A) a surface-to-air missile system designed

21 to be man-portable and carried and fired by a

22 single individual; and

23 (B) any other surface-to-air missile system

24 designed to be operated and fired by more than
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1 one individual acting as a crew and portable by

2 several individuals.

3 Subtitle H—Improving Inter4 national Standards and Co5 operation to Fight Terrorist Fi6 nancing

7 SEC. 4111. SENSE OF THE CONGRESS REGARDING SUCCESS

8 IN MULTILATERAL ORGANIZATIONS.

9 (a) FINDINGS.—The Congress finds as follows:

10 (1) The global war on terrorism and cutting off

11 terrorist financing is a policy priority for the United

12 States and its partners, working bilaterally and mul13 tilaterally through the United Nations (UN), the UN

14 Security Council and its Committees, such as the

15 1267 and 1373 Committees, the Financial Action

16 Task Force (FATF) and various international finan17 cial institutions, such as the International Monetary

18 Fund (IMF), the International Bank for Reconstruc19 tion and Development (IBRD), and the regional mul20 tilateral development banks, and other multilateral

21 fora.

22 (2) The Secretary of the Treasury has engaged

23 the international financial community in the global

24 fight against terrorist financing. Specifically, the De25 partment of the Treasury helped redirect the focus of
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1 the Financial Action Task Force on the new threat

2 posed by terrorist financing to the international fi3 nancial system, resulting in the establishment of the

4 FATF’s Eight Special Recommendations on Terrorist

5 Financing as the international standard on com6 bating terrorist financing. The Secretary of the Treas7 ury has engaged the Group of Seven and the Group

8 of Twenty Finance Ministers to develop action plans

9 to curb the financing of terror. In addition, other eco10 nomic and regional fora, such as the Asia-Pacific

11 Economic Cooperation (APEC) Forum, the Western

12 Hemisphere Financial Ministers, have been used to

13 marshal political will and actions in support of coun14 tering the financing of terrorism (CFT) standards.

15 (3) FATF’s Forty Recommendations on Money

16 Laundering and the Eight Special Recommendations

17 on Terrorist Financing are the recognized global

18 standards for fighting money laundering and terrorist

19 financing. The FATF has engaged in an assessment

20 process for jurisdictions based on their compliance

21 with these standards.

22 (4) In March 2004, the IMF and IBRD Boards

23 agreed to make permanent a pilot program of collabo24 ration with the FATF to assess global compliance

25 with the FATF Forty Recommendations on Money
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1 Laundering and the Eight Special Recommendations

2 on Terrorist Financing. As a result, anti-money laun3 dering (AML) and combating the financing of ter4 rorism (CFT) assessments are now a regular part of

5 their Financial Sector Assessment Program (FSAP)

6 and Offshore Financial Center assessments, which

7 provide for a comprehensive analysis of the strength

8 of a jurisdiction’s financial system. These reviews as9 sess potential systemic vulnerabilities, consider sec10 toral development needs and priorities, and review the

11 state of implementation of and compliance with key

12 financial codes and regulatory standards, among

13 them the AML and CFT standards.

14 (5) To date, 70 FSAPs have been conducted, with

15 over 24 of those incorporating AML and CFT assess16 ments. The international financial institutions

17 (IFIs), the FATF, and the FATF-style regional bodies

18 together are expected to assess AML and CFT regimes

19 in up to 40 countries or jurisdictions per year. This

20 will help countries and jurisdictions identify defi21 ciencies in their AML and CFT regimes and help

22 focus technical assistance (TA) efforts.

23 (6) TA programs from the United States and

24 other nations, coordinated with the Department of

25 State and other departments and agencies, are play-
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1 ing an important role in helping countries and juris2 dictions address shortcomings in their AML and CFT

3 regimes and bringing their regimes into conformity

4 with international standards. Training is coordinated

5 within the United States Government, which leverages

6 multilateral organizations and bodies and inter7 national financial institutions to internationalize the

8 conveyance of technical assistance.

9 (7) In fulfilling its duties in advancing incorpo10 ration of AML and CFT standards into the IFIs as

11 part of the IFIs’ work on protecting the integrity of

12 the international monetary system, the Department of

13 the Treasury, under the guidance of the Secretary of

14 the Treasury, has effectively brought together all of the

15 key United States Government agencies. In par16 ticular, United States Government agencies continue

17 to work together to foster broad support for this im18 portant undertaking in various multilateral fora, and

19 United States Government agencies recognize the need

20 for close coordination and communication within our

21 own government.

22 (b) SENSE OF THE CONGRESS.—It is the sense of the

23 Congress that the Secretary of the Treasury should continue

24 to promote the dissemination of international AML and

25 CFT standards, and to press for full implementation of the
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1 FATF 40 + 8 Recommendations by all countries in order

2 to curb financial risks and hinder terrorist financing

3 around the globe.

4 SEC. 4112. EXPANDED REPORTING AND TESTIMONY RE5 QUIREMENTS FOR THE SECRETARY OF THE

6 TREASURY.

7 (a) REPORTING REQUIREMENTS.—Section 1503(a) of

8 the International Financial Institutions Act (22 U.S.C.

9 262o-2(a)) is amended by adding at the end the following

10 new paragraph:

11 ‘‘(15) Work with the International Monetary

12 Fund to—

13 ‘‘(A) foster strong global anti-money laun14 dering (AML) and combat the financing of ter15 rorism (CFT) regimes;

16 ‘‘(B) ensure that country performance under

17 the Financial Action Task Force anti-money

18 laundering and counter-terrorist financing

19 standards is effectively and comprehensively

20 monitored;

21 ‘‘(C) ensure note is taken of AML and CFT

22 issues in Article IV reports, International Mone23 tary Fund programs, and other regular reviews

24 of country progress;
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1 ‘‘(D) ensure that effective AML and CFT re2 gimes are considered to be indispensable elements

3 of sound financial systems; and

4 ‘‘(E) emphasize the importance of sound

5 AML and CFT regimes to global growth and de6 velopment.’’.

7 (b) TESTIMONY.—Section 1705(b) of such Act (22

8 U.S.C. 262r-4(b)) is amended—

9 (1) by striking ‘‘and’’ at the end of paragraph

10 (2);

11 (2) by striking the period at the end of para12 graph (3) and inserting ‘‘; and’’ and

13 (3) by adding at the end the following:

14 ‘‘(4) the status of implementation of inter15 national anti-money laundering and counter-terrorist

16 financing standards by the International Monetary

17 Fund, the multilateral development banks, and other

18 multilateral financial policymaking bodies.’’.

19 SEC. 4113. COORDINATION OF UNITED STATES GOVERN20 MENT EFFORTS.

21 The Secretary of the Treasury, or the designee of the

22 Secretary as the lead United States Government official to

23 the Financial Action Task Force (FATF), shall continue

24 to convene the interagency United States Government

25 FATF working group. This group, which includes rep-
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1 resentatives from all relevant federal agencies, shall meet

2 at least once a year to advise the Secretary on policies to

3 be pursued by the United States regarding the development

4 of common international AML and CFT standards, to as5 sess the adequacy and implementation of such standards,

6 and to recommend to the Secretary improved or new stand7 ards as necessary.

8 SEC. 4114. DEFINITIONS.

9 In this subtitle:

10 (1) INTERNATIONAL FINANCIAL INSTITUTIONS.—

11 The term ‘‘international financial institutions’’ has

12 the meaning given in section 1701(c)(2) of the Inter13 national Financial Institutions Act.

14 (2) FINANCIAL ACTION TASK FORCE.—The term

15 ‘‘Financial Action Task Force’’ means the inter16 national policy-making and standard-setting body

17 dedicated to combating money laundering and ter18 rorist financing that was created by the Group of

19 Seven in 1989.
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1 TITLE V—GOVERNMENT

2 RESTRUCTURING

3 Subtitle A—Faster and Smarter

4 Funding for First Responders

5 SEC. 5001. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Faster and Smarter

7 Funding for First Responders Act of 2004’’.

8 SEC. 5002. FINDINGS.

9 The Congress finds the following:

10 (1) In order to achieve its objective of mini11 mizing the damage, and assisting in the recovery,

12 from terrorist attacks, the Department of Homeland

13 Security must play a leading role in assisting com14 munities to reach the level of preparedness they need

15 to respond to a terrorist attack.

16 (2) First responder funding is not reaching the

17 men and women of our Nation’s first response teams

18 quickly enough, and sometimes not at all.

19 (3) To reform the current bureaucratic process so

20 that homeland security dollars reach the first respond21 ers who need it most, it is necessary to clarify and

22 consolidate the authority and procedures of the De23 partment of Homeland Security that support first re24 sponders.
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1 (4) Ensuring adequate resources for the new na2 tional mission of homeland security, without degrad3 ing the ability to address effectively other types of

4 major disasters and emergencies, requires a discrete

5 and separate grant making process for homeland se6 curity funds for first response to terrorist acts, on the

7 one hand, and for first responder programs designed

8 to meet pre-September 11 priorities, on the other.

9 (5) While a discrete homeland security grant

10 making process is necessary to ensure proper focus on

11 the unique aspects of terrorism prevention, prepared12 ness, and response, it is essential that State and local

13 strategies for utilizing such grants be integrated, to

14 the greatest extent practicable, with existing State

15 and local emergency management plans.

16 (6) Homeland security grants to first responders

17 must be based on the best intelligence concerning the

18 capabilities and intentions of our terrorist enemies,

19 and that intelligence must be used to target resources

20 to the Nation’s greatest threats, vulnerabilities, and

21 consequences.

22 (7) The Nation’s first response capabilities will

23 be improved by sharing resources, training, planning,

24 personnel, and equipment among neighboring juris25 dictions through mutual aid agreements and regional
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1 cooperation. Such regional cooperation should be sup2 ported, where appropriate, through direct grants from

3 the Department of Homeland Security.

4 (8) An essential prerequisite to achieving the Na5 tion’s homeland security objectives for first responders

6 is the establishment of well-defined national goals for

7 terrorism preparedness. These goals should delineate

8 the essential capabilities that every jurisdiction in the

9 United States should possess or to which it should

10 have access.

11 (9) A national determination of essential capa12 bilities is needed to identify levels of State and local

13 government terrorism preparedness, to determine the

14 nature and extent of State and local first responder

15 needs, to identify the human and financial resources

16 required to fulfill them, and to direct funding to meet

17 those needs and to measure preparedness levels on a

18 national scale.

19 (10) To facilitate progress in achieving, main20 taining, and enhancing essential capabilities for

21 State and local first responders, the Department of

22 Homeland Security should seek to allocate homeland

23 security funding for first responders to meet nation24 wide needs.
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1 (11) Private sector resources and citizen volun2 teers can perform critical functions in assisting in

3 preventing and responding to terrorist attacks, and

4 should be integrated into State and local planning ef5 forts to ensure that their capabilities and roles are

6 understood, so as to provide enhanced State and local

7 operational capability and surge capacity.

8 (12) Public-private partnerships, such as the

9 partnerships between the Business Executives for Na10 tional Security and the States of New Jersey and

11 Georgia, can be useful to identify and coordinate pri12 vate sector support for State and local first respond13 ers. Such models should be expanded to cover all

14 States and territories.

15 (13) An important aspect of essential capabili16 ties is measurability, so that it is possible to deter17 mine how prepared a State or local government is

18 now, and what additional steps it needs to take, in

19 order to respond to acts of terrorism.

20 (14) The Department of Homeland Security

21 should establish, publish, and regularly update na22 tional voluntary consensus standards for both equip23 ment and training, in cooperation with both public

24 and private sector standard setting organizations, to

25 assist State and local governments in obtaining the
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1 equipment and training to attain the essential capa2 bilities for first response to acts of terrorism, and to

3 ensure that first responder funds are spent wisely.

4 SEC. 5003. FASTER AND SMARTER FUNDING FOR FIRST RE5 SPONDERS.

6 (a) IN GENERAL.—The Homeland Security Act of

7 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is

8 amended—

9 (1) in section 1(b) in the table of contents by

10 adding at the end the following:

‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS

‘‘Sec. 1801. Definitions.

‘‘Sec. 1802. Faster and smarter funding for first responders.

‘‘Sec. 1803. Essential capabilities for first responders.

‘‘Sec. 1804. Task Force on Essential Capabilities for First Responders.

‘‘Sec. 1805. Covered grant eligibility and criteria.

‘‘Sec. 1806. Use of funds and accountability requirements.

‘‘Sec. 1807. National standards for first responder equipment and training.’’; and

11 (2) by adding at the end the following:

12 ‘‘TITLE XVIII—FUNDING FOR

13 FIRST RESPONDERS

14 ‘‘SEC. 1801. DEFINITIONS.

15 ‘‘In this title:

16 ‘‘(1) BOARD.—The term ‘Board’ means the First

17 Responder Grants Board established under section

18 1805(f).
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1 ‘‘(2) COVERED GRANT.—The term ‘covered grant’

2 means any grant to which this title applies under sec3 tion 1802.

4 ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term ‘di5 rectly eligible tribe’ means any Indian tribe or con6 sortium of Indian tribes that—

7 ‘‘(A) meets the criteria for inclusion in the

8 qualified applicant pool for Self-Governance that

9 are set forth in section 402(c) of the Indian Self10 Determination and Education Assistance Act (25

11 U.S.C. 458bb(c));

12 ‘‘(B) employs at least 10 full-time personnel

13 in a law enforcement or emergency response

14 agency with the capacity to respond to calls for

15 law enforcement or emergency services; and

16 ‘‘(C)(i) is located on, or within 5 miles of,

17 an international border or waterway;

18 ‘‘(ii) is located within 5 miles of a facility

19 within a critical infrastructure sector identified

20 in section 1803(c)(2);

21 ‘‘(iii) is located within or contiguous to one

22 of the 50 largest metropolitan statistical areas in

23 the United States; or
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1 ‘‘(iv) has more than 1,000 square miles of

2 Indian country, as that term is defined in sec3 tion 1151 of title 18, United States Code.

4 ‘‘(4) ELEVATIONS IN THE THREAT ALERT

5 LEVEL.—The term ‘elevations in the threat alert level’

6 means any designation (including those that are less

7 than national in scope) that raises the homeland secu8 rity threat level to either the highest or second highest

9 threat level under the Homeland Security Advisory

10 System referred to in section 201(d)(7).

11 ‘‘(5) EMERGENCY PREPAREDNESS.—The term

12 ‘emergency preparedness’ shall have the same mean13 ing that term has under section 602 of the Robert T.

14 Stafford Disaster Relief and Emergency Assistance

15 Act (42 U.S.C. 5195a).

16 ‘‘(6) ESSENTIAL CAPABILITIES.—The term ‘es17 sential capabilities’ means the levels, availability, and

18 competence of emergency personnel, planning, train19 ing, and equipment across a variety of disciplines

20 needed to effectively and efficiently prevent, prepare

21 for, and respond to acts of terrorism consistent with

22 established practices.

23 ‘‘(7) FIRST RESPONDER.—The term ‘first re24 sponder’ shall have the same meaning as the term

25 ‘emergency response provider’.
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1 ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’

2 means any Indian tribe, band, nation, or other orga3 nized group or community, including any Alaskan

4 Native village or regional or village corporation as

5 defined in or established pursuant to the Alaskan Na6 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

7 which is recognized as eligible for the special pro8 grams and services provided by the United States to

9 Indians because of their status as Indians.

10 ‘‘(9) REGION.—The term ‘region’ means—

11 ‘‘(A) any geographic area consisting of all

12 or parts of 2 or more contiguous States, counties,

13 municipalities, or other local governments that

14 have a combined population of at least 1,650,000

15 or have an area of not less than 20,000 square

16 miles, and that, for purposes of an application

17 for a covered grant, is represented by 1 or more

18 governments or governmental agencies within

19 such geographic area, and that is established by

20 law or by agreement of 2 or more such govern21 ments or governmental agencies in a mutual aid

22 agreement; or

23 ‘‘(B) any other combination of contiguous

24 local government units (including such a com25 bination established by law or agreement of two
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•S 2845 EAH

1 or more governments or governmental agencies

2 in a mutual aid agreement) that is formally cer3 tified by the Secretary as a region for purposes

4 of this Act with the consent of—

5 ‘‘(i) the State or States in which they

6 are located, including a multi-State entity

7 established by a compact between two or

8 more States; and

9 ‘‘(ii) the incorporated municipalities,

10 counties, and parishes that they encompass.

11 ‘‘(10) TASK FORCE.—The term ‘Task Force’

12 means the Task Force on Essential Capabilities for

13 First Responders established under section 1804.

14 ‘‘SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RE15 SPONDERS.

16 ‘‘(a) COVERED GRANTS.—This title applies to grants

17 provided by the Department to States, regions, or directly

18 eligible tribes for the primary purpose of improving the

19 ability of first responders to prevent, prepare for, respond

20 to, or mitigate threatened or actual terrorist attacks, espe21 cially those involving weapons of mass destruction, admin22 istered under the following:

23 ‘‘(1) STATE HOMELAND SECURITY GRANT PRO24 GRAM.—The State Homeland Security Grant Pro-
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1 gram of the Department, or any successor to such

2 grant program.

3 ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The

4 Urban Area Security Initiative of the Department, or

5 any successor to such grant program.

6 ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN7 TION PROGRAM.—The Law Enforcement Terrorism

8 Prevention Program of the Department, or any suc9 cessor to such grant program.

10 ‘‘(4) CITIZEN CORPS PROGRAM.—The Citizen

11 Corps Program of the Department, or any successor

12 to such grant program.

13 ‘‘(b) EXCLUDED PROGRAMS.—This title does not apply

14 to or otherwise affect the following Federal grant programs

15 or any grant under such a program:

16 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Federal

17 grant program that is not administered by the De18 partment.

19 ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant

20 programs authorized by sections 33 and 34 of the

21 Federal Fire Prevention and Control Act of 1974 (15

22 U.S.C. 2229, 2229a).

23 ‘‘(3) EMERGENCY MANAGEMENT PLANNING AND

24 ASSISTANCE ACCOUNT GRANTS.—The Emergency

25 Management Performance Grant program and the
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1 Urban Search and Rescue Grants program authorized

2 by title VI of the Robert T. Stafford Disaster Relief

3 and Emergency Assistance Act (42 U.S.C. 5195 et

4 seq.); the Departments of Veterans Affairs and Hous5 ing and Urban Development, and Independent Agen6 cies Appropriations Act, 2000 (113 Stat. 1047 et

7 seq.); and the Earthquake Hazards Reduction Act of

8 1977 (42 U.S.C. 7701 et seq.).

9 ‘‘SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPOND10 ERS.

11 ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPABILITIES.—

12 ‘‘(1) IN GENERAL.—For purposes of covered

13 grants, the Secretary shall establish clearly defined es14 sential capabilities for State and local government

15 preparedness for terrorism, in consultation with—

16 ‘‘(A) the Task Force on Essential Capabili17 ties for First Responders established under sec18 tion 1804;

19 ‘‘(B) the Under Secretaries for Emergency

20 Preparedness and Response, Border and Trans21 portation Security, Information Analysis and

22 Infrastructure Protection, and Science and Tech23 nology, and the Director of the Office for Domes24 tic Preparedness;
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•S 2845 EAH

1 ‘‘(C) the Secretary of Health and Human

2 Services;

3 ‘‘(D) other appropriate Federal agencies;

4 ‘‘(E) State and local first responder agen5 cies and officials; and

6 ‘‘(F) consensus-based standard making or7 ganizations responsible for setting standards rel8 evant to the first responder community.

9 ‘‘(2) DEADLINES.—The Secretary shall—

10 ‘‘(A) establish essential capabilities under

11 paragraph (1) within 30 days after receipt of the

12 report under section 1804(b); and

13 ‘‘(B) regularly update such essential capa14 bilities as necessary, but not less than every 3

15 years.

16 ‘‘(3) PROVISION OF ESSENTIAL CAPABILITIES.—

17 The Secretary shall ensure that a detailed description

18 of the essential capabilities established under para19 graph (1) is provided promptly to the States and to

20 the Congress. The States shall make the essential ca21 pabilities available as necessary and appropriate to

22 local governments within their jurisdictions.

23 ‘‘(b) OBJECTIVES.—The Secretary shall ensure that es24 sential capabilities established under subsection (a)(1) meet

25 the following objectives:
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1 ‘‘(1) SPECIFICITY.—The determination of essen2 tial capabilities specifically shall describe the train3 ing, planning, personnel, and equipment that dif4 ferent types of communities in the Nation should pos5 sess, or to which they should have access, in order to

6 meet the Department’s goals for terrorism prepared7 ness based upon—

8 ‘‘(A) the most current risk assessment avail9 able by the Directorate for Information Analysis

10 and Infrastructure Protection of the threats of

11 terrorism against the United States;

12 ‘‘(B) the types of threats, vulnerabilities, ge13 ography, size, and other factors that the Sec14 retary has determined to be applicable to each

15 different type of community; and

16 ‘‘(C) the principles of regional coordination

17 and mutual aid among State and local govern18 ments.

19 ‘‘(2) FLEXIBILITY.—The establishment of essen20 tial capabilities shall be sufficiently flexible to allow

21 State and local government officials to set priorities

22 based on particular needs, while reaching nationally

23 determined terrorism preparedness levels within a

24 specified time period.
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•S 2845 EAH

1 ‘‘(3) MEASURABILITY.—The establishment of es2 sential capabilities shall be designed to enable meas3 urement of progress towards specific terrorism pre4 paredness goals.

5 ‘‘(4) COMPREHENSIVENESS.—The determination

6 of essential capabilities for terrorism preparedness

7 shall be made within the context of a comprehensive

8 State emergency management system.

9 ‘‘(c) FACTORS TO BE CONSIDERED.—

10 ‘‘(1) IN GENERAL.—In establishing essential ca11 pabilities under subsection (a)(1), the Secretary spe12 cifically shall consider the variables of threat, vulner13 ability, and consequences with respect to the Nation’s

14 population (including transient commuting and tour15 ist populations) and critical infrastructure. Such con16 sideration shall be based upon the most current risk

17 assessment available by the Directorate for Informa18 tion Analysis and Infrastructure Protection of the

19 threats of terrorism against the United States.

20 ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.—The

21 Secretary specifically shall consider threats of ter22 rorism against the following critical infrastructure

23 sectors in all areas of the Nation, urban and rural:

24 ‘‘(A) Agriculture.

25 ‘‘(B) Banking and finance.
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•S 2845 EAH

1 ‘‘(C) Chemical industries.

2 ‘‘(D) The defense industrial base.

3 ‘‘(E) Emergency services.

4 ‘‘(F) Energy.

5 ‘‘(G) Food.

6 ‘‘(H) Government.

7 ‘‘(I) Postal and shipping.

8 ‘‘(J) Public health.

9 ‘‘(K) Information and telecommunications

10 networks.

11 ‘‘(L) Transportation.

12 ‘‘(M) Water.

13 The order in which the critical infrastructure sectors

14 are listed in this paragraph shall not be construed as

15 an order of priority for consideration of the impor16 tance of such sectors.

17 ‘‘(3) TYPES OF THREAT.—The Secretary specifi18 cally shall consider the following types of threat to the

19 critical infrastructure sectors described in paragraph

20 (2), and to populations in all areas of the Nation,

21 urban and rural:

22 ‘‘(A) Biological threats.

23 ‘‘(B) Nuclear threats.

24 ‘‘(C) Radiological threats.

25 ‘‘(D) Incendiary threats.
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•S 2845 EAH

1 ‘‘(E) Chemical threats.

2 ‘‘(F) Explosives.

3 ‘‘(G) Suicide bombers.

4 ‘‘(H) Cyber threats.

5 ‘‘(I) Any other threats based on proximity

6 to specific past acts of terrorism or the known

7 activity of any terrorist group.

8 The order in which the types of threat are listed in

9 this paragraph shall not be construed as an order of

10 priority for consideration of the importance of such

11 threats.

12 ‘‘(4) CONSIDERATION OF ADDITIONAL FAC13 TORS.—In establishing essential capabilities under

14 subsection (a)(1), the Secretary shall take into ac15 count any other specific threat to a population (in16 cluding a transient commuting or tourist population)

17 or critical infrastructure sector that the Secretary has

18 determined to exist.

19 ‘‘SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES FOR

20 FIRST RESPONDERS.

21 ‘‘(a) ESTABLISHMENT.—To assist the Secretary in es22 tablishing essential capabilities under section 1803(a)(1),

23 the Secretary shall establish an advisory body pursuant to

24 section 871(a) not later than 60 days after the date of the
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1 enactment of this section, which shall be known as the Task

2 Force on Essential Capabilities for First Responders.

3 ‘‘(b) REPORT.—

4 ‘‘(1) IN GENERAL.—The Task Force shall submit

5 to the Secretary, not later than 9 months after its es6 tablishment by the Secretary under subsection (a) and

7 every 3 years thereafter, a report on its recommenda8 tions for essential capabilities for preparedness for

9 terrorism.

10 ‘‘(2) CONTENTS.—The report shall—

11 ‘‘(A) include a priority ranking of essential

12 capabilities in order to provide guidance to the

13 Secretary and to the Congress on determining

14 the appropriate allocation of, and funding levels

15 for, first responder needs;

16 ‘‘(B) set forth a methodology by which any

17 State or local government will be able to deter18 mine the extent to which it possesses or has ac19 cess to the essential capabilities that States and

20 local governments having similar risks should

21 obtain;

22 ‘‘(C) describe the availability of national

23 voluntary consensus standards, and whether

24 there is a need for new national voluntary con-
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•S 2845 EAH

1 sensus standards, with respect to first responder

2 training and equipment;

3 ‘‘(D) include such additional matters as the

4 Secretary may specify in order to further the ter5 rorism preparedness capabilities of first respond6 ers; and

7 ‘‘(E) include such revisions to the contents

8 of past reports as are necessary to take into ac9 count changes in the most current risk assess10 ment available by the Directorate for Informa11 tion Analysis and Infrastructure Protection or

12 other relevant information as determined by the

13 Secretary.

14 ‘‘(3) CONSISTENCY WITH FEDERAL WORKING

15 GROUP.—The Task Force shall ensure that its rec16 ommendations for essential capabilities are, to the ex17 tent feasible, consistent with any preparedness goals

18 or recommendations of the Federal working group es19 tablished under section 319F(a) of the Public Health

20 Service Act (42 U.S.C. 247d–6(a)).

21 ‘‘(4) COMPREHENSIVENESS.—The Task Force

22 shall ensure that its recommendations regarding es23 sential capabilities for terrorism preparedness are

24 made within the context of a comprehensive State

25 emergency management system.
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1 ‘‘(5) PRIOR MEASURES.—The Task Force shall

2 ensure that its recommendations regarding essential

3 capabilities for terrorism preparedness take into ac4 count any capabilities that State or local officials

5 have determined to be essential and have undertaken

6 since September 11, 2001, to prevent or prepare for

7 terrorist attacks.

8 ‘‘(c) MEMBERSHIP.—

9 ‘‘(1) IN GENERAL.—The Task Force shall consist

10 of 25 members appointed by the Secretary, and shall,

11 to the extent practicable, represent a geographic and

12 substantive cross section of governmental and non13 governmental first responder disciplines from the

14 State and local levels, including as appropriate—

15 ‘‘(A) members selected from the emergency

16 response field, including fire service and law en17 forcement, hazardous materials response, emer18 gency medical services, and emergency manage19 ment personnel (including public works per20 sonnel routinely engaged in emergency response);

21 ‘‘(B) health scientists, emergency and inpa22 tient medical providers, and public health profes23 sionals, including experts in emergency health

24 care response to chemical, biological, radio25 logical, and nuclear terrorism, and experts in
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1 providing mental health care during emergency

2 response operations;

3 ‘‘(C) experts from Federal, State, and local

4 governments, and the private sector, representing

5 standards-setting organizations, including rep6 resentation from the voluntary consensus codes

7 and standards development community, particu8 larly those with expertise in first responder dis9 ciplines; and

10 ‘‘(D) State and local officials with expertise

11 in terrorism preparedness, subject to the condi12 tion that if any such official is an elected official

13 representing one of the two major political par14 ties, an equal number of elected officials shall be

15 selected from each such party.

16 ‘‘(2) COORDINATION WITH THE DEPARTMENT OF

17 HEALTH AND HEALTH SERVICES.—In the selection of

18 members of the Task Force who are health profes19 sionals, including emergency medical professionals,

20 the Secretary shall coordinate the selection with the

21 Secretary of Health and Human Services.

22 ‘‘(3) EX OFFICIO MEMBERS.—The Secretary and

23 the Secretary of Health and Human Services shall

24 each designate one or more officers of their respective

25 Departments to serve as ex officio members of the
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1 Task Force. One of the ex officio members from the

2 Department of Homeland Security shall be the des3 ignated officer of the Federal Government for pur4 poses of subsection (e) of section 10 of the Federal Ad5 visory Committee Act (5 App. U.S.C.).

6 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM7 MITTEE ACT.—Notwithstanding section 871(a), the Federal

8 Advisory Committee Act (5 U.S.C. App.), including sub9 sections (a), (b), and (d) of section 10 of such Act, and sec10 tion 552b(c) of title 5, United States Code, shall apply to

11 the Task Force.

12 ‘‘SEC. 1805. COVERED GRANT ELIGIBILITY AND CRITERIA.

13 ‘‘(a) GRANT ELIGIBILITY.—Any State, region, or di14 rectly eligible tribe shall be eligible to apply for a covered

15 grant.

16 ‘‘(b) GRANT CRITERIA.—In awarding covered grants,

17 the Secretary shall assist States and local governments in

18 achieving, maintaining, and enhancing the essential capa19 bilities for first responders established by the Secretary

20 under section 1803.

21 ‘‘(c) STATE HOMELAND SECURITY PLANS.—

22 ‘‘(1) SUBMISSION OF PLANS.—The Secretary

23 shall require that any State applying to the Secretary

24 for a covered grant must submit to the Secretary a

25 3-year State homeland security plan that—
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1 ‘‘(A) demonstrates the extent to which the

2 State has achieved the essential capabilities that

3 apply to the State;

4 ‘‘(B) demonstrates the needs of the State

5 necessary to achieve, maintain, or enhance the

6 essential capabilities that apply to the State;

7 ‘‘(C) includes a prioritization of such needs

8 based on threat, vulnerability, and consequence

9 assessment factors applicable to the State;

10 ‘‘(D) describes how the State intends—

11 ‘‘(i) to address such needs at the city,

12 county, regional, tribal, State, and inter13 state level, including a precise description of

14 any regional structure the State has estab15 lished for the purpose of organizing home16 land security preparedness activities funded

17 by covered grants;

18 ‘‘(ii) to use all Federal, State, and

19 local resources available for the purpose of

20 addressing such needs; and

21 ‘‘(iii) to give particular emphasis to

22 regional planning and cooperation, includ23 ing the activities of multijurisdictional

24 planning agencies governed by local offi-
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•S 2845 EAH

1 cials, both within its jurisdictional borders

2 and with neighboring States;

3 ‘‘(E) is developed in consultation with and

4 subject to appropriate comment by local govern5 ments within the State; and

6 ‘‘(F) with respect to the emergency pre7 paredness of first responders, addresses the

8 unique aspects of terrorism as part of a com9 prehensive State emergency management plan.

10 ‘‘(2) APPROVAL BY SECRETARY.—The Secretary

11 may not award any covered grant to a State unless

12 the Secretary has approved the applicable State home13 land security plan.

14 ‘‘(d) CONSISTENCY WITH STATE PLANS.—The Sec15 retary shall ensure that each covered grant is used to sup16 plement and support, in a consistent and coordinated man17 ner, the applicable State homeland security plan or plans.

18 ‘‘(e) APPLICATION FOR GRANT.—

19 ‘‘(1) IN GENERAL.—Except as otherwise provided

20 in this subsection, any State, region, or directly eligi21 ble tribe may apply for a covered grant by submitting

22 to the Secretary an application at such time, in such

23 manner, and containing such information as is re24 quired under this subsection, or as the Secretary may

25 reasonably require.
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1 ‘‘(2) DEADLINES FOR APPLICATIONS AND

2 AWARDS.—All applications for covered grants must be

3 submitted at such time as the Secretary may reason4 ably require for the fiscal year for which they are sub5 mitted. The Secretary shall award covered grants

6 pursuant to all approved applications for such fiscal

7 year as soon as practicable, but not later than March

8 1 of such year.

9 ‘‘(3) AVAILABILITY OF FUNDS.—All funds award10 ed by the Secretary under covered grants in a fiscal

11 year shall be available for obligation through the end

12 of the subsequent fiscal year.

13 ‘‘(4) MINIMUM CONTENTS OF APPLICATION.—The

14 Secretary shall require that each applicant include in

15 its application, at a minimum—

16 ‘‘(A) the purpose for which the applicant

17 seeks covered grant funds and the reasons why

18 the applicant needs the covered grant to meet the

19 essential capabilities for terrorism preparedness

20 within the State, region, or directly eligible tribe

21 to which the application pertains;

22 ‘‘(B) a description of how, by reference to

23 the applicable State homeland security plan or

24 plans under subsection (c), the allocation of

25 grant funding proposed in the application, in-
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•S 2845 EAH

1 cluding, where applicable, the amount not passed

2 through under section 1806(g)(1), would assist in

3 fulfilling the essential capabilities specified in

4 such plan or plans;

5 ‘‘(C) a statement of whether a mutual aid

6 agreement applies to the use of all or any por7 tion of the covered grant funds;

8 ‘‘(D) if the applicant is a State, a descrip9 tion of how the State plans to allocate the cov10 ered grant funds to regions, local governments,

11 and Indian tribes;

12 ‘‘(E) if the applicant is a region—

13 ‘‘(i) a precise geographical description

14 of the region and a specification of all par15 ticipating and nonparticipating local gov16 ernments within the geographical area com17 prising that region;

18 ‘‘(ii) a specification of what govern19 mental entity within the region will admin20 ister the expenditure of funds under the cov21 ered grant; and

22 ‘‘(iii) a designation of a specific indi23 vidual to serve as regional liaison;
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1 ‘‘(F) a capital budget showing how the ap2 plicant intends to allocate and expend the cov3 ered grant funds;

4 ‘‘(G) if the applicant is a directly eligible

5 tribe, a designation of a specific individual to

6 serve as the tribal liaison; and

7 ‘‘(H) a statement of how the applicant in8 tends to meet the matching requirement, if any,

9 that applies under section 1806(g)(2).

10 ‘‘(5) REGIONAL APPLICATIONS.—

11 ‘‘(A) RELATIONSHIP TO STATE APPLICA12 TIONS.—A regional application—

13 ‘‘(i) shall be coordinated with an ap14 plication submitted by the State or States of

15 which such region is a part;

16 ‘‘(ii) shall supplement and avoid du17 plication with such State application; and

18 ‘‘(iii) shall address the unique regional

19 aspects of such region’s terrorism prepared20 ness needs beyond those provided for in the

21 application of such State or States.

22 ‘‘(B) STATE REVIEW AND SUBMISSION.—To

23 ensure the consistency required under subsection

24 (d) and the coordination required under sub25 paragraph (A) of this paragraph, an applicant
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1 that is a region must submit its application to

2 each State of which any part is included in the

3 region for review and concurrence prior to the

4 submission of such application to the Secretary.

5 The regional application shall be transmitted to

6 the Secretary through each such State within 30

7 days of its receipt, unless the Governor of such

8 a State notifies the Secretary, in writing, that

9 such regional application is inconsistent with the

10 State’s homeland security plan and provides an

11 explanation of the reasons therefor.

12 ‘‘(C) DISTRIBUTION OF REGIONAL

13 AWARDS.—If the Secretary approves a regional

14 application, then the Secretary shall distribute a

15 regional award to the State or States submitting

16 the applicable regional application under sub17 paragraph (B), and each such State shall, not

18 later than the end of the 45-day period beginning

19 on the date after receiving a regional award,

20 pass through to the region all covered grant

21 funds or resources purchased with such funds, ex22 cept those funds necessary for the State to carry

23 out its responsibilities with respect to such re24 gional application; Provided That, in no such

25 case shall the State or States pass through to the
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1 region less than 80 percent of the regional

2 award.

3 ‘‘(D) CERTIFICATIONS REGARDING DIS4 TRIBUTION OF GRANT FUNDS TO REGIONS.—Any

5 State that receives a regional award under sub6 paragraph (C) shall certify to the Secretary, by

7 not later than 30 days after the expiration of the

8 period described in subparagraph (C) with re9 spect to the grant, that the State has made avail10 able to the region the required funds and re11 sources in accordance with subparagraph (C).

12 ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If

13 any State fails to pass through a regional award

14 to a region as required by subparagraph (C)

15 within 45 days after receiving such award and

16 does not request or receive an extension of such

17 period under section 1806(h)(2), the region may

18 petition the Secretary to receive directly the por19 tion of the regional award that is required to be

20 passed through to such region under subpara21 graph (C).

22 ‘‘(F) REGIONAL LIAISONS.—A regional liai23 son designated under paragraph (4)(E)(iii)

24 shall—
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•S 2845 EAH

1 ‘‘(i) coordinate with Federal, State,

2 local, regional, and private officials within

3 the region concerning terrorism prepared4 ness;

5 ‘‘(ii) develop a process for receiving

6 input from Federal, State, local, regional,

7 and private sector officials within the re8 gion to assist in the development of the re9 gional application and to improve the re10 gion’s access to covered grants; and

11 ‘‘(iii) administer, in consultation with

12 State, local, regional, and private officials

13 within the region, covered grants awarded

14 to the region.

15 ‘‘(6) TRIBAL APPLICATIONS.—

16 ‘‘(A) SUBMISSION TO THE STATE OR

17 STATES.—To ensure the consistency required

18 under subsection (d), an applicant that is a di19 rectly eligible tribe must submit its application

20 to each State within the boundaries of which any

21 part of such tribe is located for direct submission

22 to the Department along with the application of

23 such State or States.

24 ‘‘(B) OPPORTUNITY FOR STATE COMMENT.—

25 Before awarding any covered grant to a directly
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•S 2845 EAH

1 eligible tribe, the Secretary shall provide an op2 portunity to each State within the boundaries of

3 which any part of such tribe is located to com4 ment to the Secretary on the consistency of the

5 tribe’s application with the State’s homeland se6 curity plan. Any such comments shall be sub7 mitted to the Secretary concurrently with the

8 submission of the State and tribal applications.

9 ‘‘(C) FINAL AUTHORITY.—The Secretary

10 shall have final authority to determine the con11 sistency of any application of a directly eligible

12 tribe with the applicable State homeland security

13 plan or plans, and to approve any application

14 of such tribe. The Secretary shall notify each

15 State within the boundaries of which any part

16 of such tribe is located of the approval of an ap17 plication by such tribe.

18 ‘‘(D) TRIBAL LIAISON.—A tribal liaison

19 designated under paragraph (4)(G) shall—

20 ‘‘(i) coordinate with Federal, State,

21 local, regional, and private officials con22 cerning terrorism preparedness;

23 ‘‘(ii) develop a process for receiving

24 input from Federal, State, local, regional,

25 and private sector officials to assist in the
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1 development of the application of such tribe

2 and to improve the tribe’s access to covered

3 grants; and

4 ‘‘(iii) administer, in consultation with

5 State, local, regional, and private officials,

6 covered grants awarded to such tribe.

7 ‘‘(E) LIMITATION ON THE NUMBER OF DI8 RECT GRANTS.—The Secretary may make cov9 ered grants directly to not more than 20 directly

10 eligible tribes per fiscal year.

11 ‘‘(F) TRIBES NOT RECEIVING DIRECT

12 GRANTS.—An Indian tribe that does not receive

13 a grant directly under this section is eligible to

14 receive funds under a covered grant from the

15 State or States within the boundaries of which

16 any part of such tribe is located, consistent with

17 the homeland security plan of the State as de18 scribed in subsection (c). If a State fails to com19 ply with section 1806(g)(1), the tribe may re20 quest payment under section 1806(h)(3) in the

21 same manner as a local government.

22 ‘‘(7) EQUIPMENT STANDARDS.—If an applicant

23 for a covered grant proposes to upgrade or purchase,

24 with assistance provided under the grant, new equip25 ment or systems that do not meet or exceed any appli-
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•S 2845 EAH

1 cable national voluntary consensus standards estab2 lished by the Secretary under section 1807(a), the ap3 plicant shall include in the application an expla4 nation of why such equipment or systems will serve

5 the needs of the applicant better than equipment or

6 systems that meet or exceed such standards.

7 ‘‘(f) FIRST RESPONDER GRANTS BOARD.—

8 ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec9 retary shall establish a First Responder Grants

10 Board, consisting of—

11 ‘‘(A) the Secretary;

12 ‘‘(B) the Under Secretary for Emergency

13 Preparedness and Response;

14 ‘‘(C) the Under Secretary for Border and

15 Transportation Security;

16 ‘‘(D) the Under Secretary for Information

17 Analysis and Infrastructure Protection;

18 ‘‘(E) the Under Secretary for Science and

19 Technology; and

20 ‘‘(F) the Director of the Office for Domestic

21 Preparedness.

22 ‘‘(2) CHAIRMAN.—

23 ‘‘(A) IN GENERAL.—The Secretary shall be

24 the Chairman of the Board.
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1 ‘‘(B) EXERCISE OF AUTHORITIES BY DEP2 UTY SECRETARY.—The Deputy Secretary of

3 Homeland Security may exercise the authorities

4 of the Chairman, if the Secretary so directs.

5 ‘‘(3) RANKING OF GRANT APPLICATIONS.—

6 ‘‘(A) PRIORITIZATION OF GRANTS.—The

7 Board—

8 ‘‘(i) shall evaluate and annually

9 prioritize all pending applications for cov10 ered grants based upon the degree to which

11 they would, by achieving, maintaining, or

12 enhancing the essential capabilities of the

13 applicants on a nationwide basis, lessen the

14 threat to, vulnerability of, and consequences

15 for persons and critical infrastructure; and

16 ‘‘(ii) in evaluating the threat to per17 sons and critical infrastructure for purposes

18 of prioritizing covered grants, shall give

19 greater weight to threats of terrorism based

20 on their specificity and credibility, includ21 ing any pattern of repetition.

22 ‘‘(B) MINIMUM AMOUNTS.—After evaluating

23 and prioritizing grant applications under sub24 paragraph (A), the Board shall ensure that, for

25 each fiscal year—
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1 ‘‘(i) each of the States, other than the

2 Virgin Islands, American Samoa, Guam,

3 and the Northern Mariana Islands, that has

4 an approved State homeland security plan

5 receives no less than 0.25 percent of the

6 funds available for covered grants for that

7 fiscal year for purposes of implementing its

8 homeland security plan in accordance with

9 the prioritization of needs under subsection

10 (c)(1)(C);

11 ‘‘(ii) each of the States, other than the

12 Virgin Islands, American Samoa, Guam,

13 and the Northern Mariana Islands, that has

14 an approved State homeland security plan

15 and that meets one or both of the additional

16 high-risk qualifying criteria under subpara17 graph (C) receives no less than 0.45 percent

18 of the funds available for covered grants for

19 that fiscal year for purposes of imple20 menting its homeland security plan in ac21 cordance with the prioritization of needs

22 under subsection (c)(1)(C);

23 ‘‘(iii) the Virgin Islands, American

24 Samoa, Guam, and the Northern Mariana

25 Islands each receives no less than 0.08 per-
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1 cent of the funds available for covered

2 grants for that fiscal year for purposes of

3 implementing its approved State homeland

4 security plan in accordance with the

5 prioritization of needs under subsection

6 (c)(1)(C); and

7 ‘‘(iv) directly eligible tribes collectively

8 receive no less than 0.08 percent of the

9 funds available for covered grants for such

10 fiscal year for purposes of addressing the

11 needs identified in the applications of such

12 tribes, consistent with the homeland security

13 plan of each State within the boundaries of

14 which any part of any such tribe is located,

15 except that this clause shall not apply with

16 respect to funds available for a fiscal year

17 if the Secretary receives less than 5 applica18 tions for such fiscal year from such tribes

19 under subsection (e)(6)(A) or does not ap20 prove at least one such application.

21 ‘‘(C) ADDITIONAL HIGH-RISK QUALIFYING

22 CRITERIA.—For purposes of subparagraph

23 (B)(ii), additional high-risk qualifying criteria

24 consist of—
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1 ‘‘(i) having a significant international

2 land border; or

3 ‘‘(ii) adjoining a body of water within

4 North America through which an inter5 national boundary line extends.

6 ‘‘(4) EFFECT OF REGIONAL AWARDS ON STATE

7 MINIMUM.—Any regional award, or portion thereof,

8 provided to a State under subsection (e)(5)(C) shall

9 not be considered in calculating the minimum State

10 award under paragraph (3)(B) of this subsection.

11 ‘‘(5) FUNCTIONS OF UNDER SECRETARIES.—The

12 Under Secretaries referred to in paragraph (1) shall

13 seek to ensure that the relevant expertise and input of

14 the staff of their directorates are available to and con15 sidered by the Board.

16 ‘‘SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIRE17 MENTS.

18 ‘‘(a) IN GENERAL.—A covered grant may be used for—

19 ‘‘(1) purchasing or upgrading equipment, in20 cluding computer software, to enhance terrorism pre21 paredness and response;

22 ‘‘(2) exercises to strengthen terrorism prepared23 ness and response;

24 ‘‘(3) training for prevention (including detec25 tion) of, preparedness for, or response to attacks in-
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1 volving weapons of mass destruction, including train2 ing in the use of equipment and computer software;

3 ‘‘(4) developing or updating response plans;

4 ‘‘(5) establishing or enhancing mechanisms for

5 sharing terrorism threat information;

6 ‘‘(6) systems architecture and engineering, pro7 gram planning and management, strategy formula8 tion and strategic planning, life-cycle systems design,

9 product and technology evaluation, and prototype de10 velopment for terrorism preparedness and response

11 purposes;

12 ‘‘(7) additional personnel costs resulting from—

13 ‘‘(A) elevations in the threat alert level of

14 the Homeland Security Advisory System by the

15 Secretary, or a similar elevation in threat alert

16 level issued by a State, region, or local govern17 ment with the approval of the Secretary;

18 ‘‘(B) travel to and participation in exercises

19 and training in the use of equipment and on

20 prevention activities;

21 ‘‘(C) the temporary replacement of per22 sonnel during any period of travel to and par23 ticipation in exercises and training in the use of

24 equipment and on prevention activities; and
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1 ‘‘(D) participation in information, inves2 tigative, and intelligence sharing activities spe3 cifically related to terrorism prevention;

4 ‘‘(8) the costs of equipment (including software)

5 required to receive, transmit, handle, and store classi6 fied information;

7 ‘‘(9) protecting critical infrastructure against

8 potential attack by the addition of barriers, fences,

9 gates, and other such devices, except that the cost of

10 such measures may not exceed the greater of—

11 ‘‘(A) $1,000,000 per project; or

12 ‘‘(B) such greater amount as may be ap13 proved by the Secretary, which may not exceed

14 10 percent of the total amount of the covered

15 grant;

16 ‘‘(10) the costs of commercially available inter17 operable communications equipment (which, where

18 applicable, is based on national, voluntary consensus

19 standards) that the Secretary, in consultation with

20 the Chairman of the Federal Communications Com21 mission, deems best suited to facilitate interoper22 ability, coordination, and integration between and

23 among emergency communications systems, and that

24 complies with prevailing grant guidance of the De25 partment for interoperable communications;
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1 ‘‘(11) educational curricula development for first

2 responders to ensure that they are prepared for ter3 rorist attacks;

4 ‘‘(12) training and exercises to assist public ele5 mentary and secondary schools in developing and im6 plementing programs to instruct students regarding

7 age-appropriate skills to prepare for and respond to

8 an act of terrorism;

9 ‘‘(13) paying of administrative expenses directly

10 related to administration of the grant, except that

11 such expenses may not exceed 3 percent of the amount

12 of the grant; and

13 ‘‘(14) other appropriate activities as determined

14 by the Secretary.

15 ‘‘(b) PROHIBITED USES.—Funds provided as a cov16 ered grant may not be used—

17 ‘‘(1) to supplant State or local funds;

18 ‘‘(2) to construct buildings or other physical fa19 cilities;

20 ‘‘(3) to acquire land; or

21 ‘‘(4) for any State or local government cost shar22 ing contribution.

23 ‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this

24 section shall be construed to preclude State and local gov25 ernments from using covered grant funds in a manner that
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1 also enhances first responder preparedness for emergencies

2 and disasters unrelated to acts of terrorism, if such use as3 sists such governments in achieving essential capabilities

4 for terrorism preparedness established by the Secretary

5 under section 1803.

6 ‘‘(d) REIMBURSEMENT OF COSTS.—In addition to the

7 activities described in subsection (a), a covered grant may

8 be used to provide a reasonable stipend to paid-on-call or

9 volunteer first responders who are not otherwise com10 pensated for travel to or participation in training covered

11 by this section. Any such reimbursement shall not be consid12 ered compensation for purposes of rendering such a first

13 responder an employee under the Fair Labor Standards Act

14 of 1938 (29 U.S.C. 201 et seq.).

15 ‘‘(e) ASSISTANCE REQUIREMENT.—The Secretary may

16 not request that equipment paid for, wholly or in part, with

17 funds provided as a covered grant be made available for

18 responding to emergencies in surrounding States, regions,

19 and localities, unless the Secretary undertakes to pay the

20 costs directly attributable to transporting and operating

21 such equipment during such response.

22 ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SECURITY

23 GRANT FUNDS.—Upon request by the recipient of a covered

24 grant, the Secretary may authorize the grantee to transfer

25 all or part of funds provided as the covered grant from uses
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1 specified in the grant agreement to other uses authorized

2 under this section, if the Secretary determines that such

3 transfer is in the interests of homeland security.

4 ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPONSIBIL5 ITIES.—

6 ‘‘(1) PASS-THROUGH.—The Secretary shall re7 quire a recipient of a covered grant that is a State

8 to obligate or otherwise make available to local gov9 ernments, first responders, and other local groups, to

10 the extent required under the State homeland security

11 plan or plans specified in the application for the

12 grant, not less than 80 percent of the grant funds, re13 sources purchased with the grant funds having a

14 value equal to at least 80 percent of the amount of

15 the grant, or a combination thereof, by not later than

16 the end of the 45-day period beginning on the date the

17 grant recipient receives the grant funds.

18 ‘‘(2) COST SHARING.—

19 ‘‘(A) IN GENERAL.—The Federal share of

20 the costs of an activity carried out with a cov21 ered grant to a State, region, or directly eligible

22 tribe awarded after the 2-year period beginning

23 on the date of the enactment of this section shall

24 not exceed 75 percent.
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1 ‘‘(B) INTERIM RULE.—The Federal share of

2 the costs of an activity carried out with a cov3 ered grant awarded before the end of the 2-year

4 period beginning on the date of the enactment of

5 this section shall be 100 percent.

6 ‘‘(C) IN-KIND MATCHING.—Each recipient of

7 a covered grant may meet the matching require8 ment under subparagraph (A) by making in9 kind contributions of goods or services that are

10 directly linked with the purpose for which the

11 grant is made, including, but not limited to, any

12 necessary personnel overtime, contractor services,

13 administrative costs, equipment fuel and mainte14 nance, and rental space.

15 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBUTION

16 OF GRANT FUNDS TO LOCAL GOVERNMENTS.—Any

17 State that receives a covered grant shall certify to the

18 Secretary, by not later than 30 days after the expira19 tion of the period described in paragraph (1) with re20 spect to the grant, that the State has made available

21 for expenditure by local governments, first responders,

22 and other local groups the required amount of grant

23 funds pursuant to paragraph (1).

24 ‘‘(4) QUARTERLY REPORT ON HOMELAND SECU25 RITY SPENDING.—The Federal share described in
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1 paragraph (2)(A) may be increased by up to 2 per2 cent for any State, region, or directly eligible tribe

3 that, not later than 30 days after the end of each fis4 cal quarter, submits to the Secretary a report on that

5 fiscal quarter. Each such report must include, for

6 each recipient of a covered grant or a pass-through

7 under paragraph (1)—

8 ‘‘(A) the amount obligated to that recipient

9 in that quarter;

10 ‘‘(B) the amount expended by that recipient

11 in that quarter; and

12 ‘‘(C) a summary description of the items

13 purchased by such recipient with such amount.

14 ‘‘(5) ANNUAL REPORT ON HOMELAND SECURITY

15 SPENDING.—Each recipient of a covered grant shall

16 submit an annual report to the Secretary not later

17 than 60 days after the end of each fiscal year. Each

18 recipient of a covered grant that is a region must si19 multaneously submit its report to each State of which

20 any part is included in the region. Each recipient of

21 a covered grant that is a directly eligible tribe must

22 simultaneously submit its report to each State within

23 the boundaries of which any part of such tribe is lo24 cated. Each report must include the following:
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1 ‘‘(A) The amount, ultimate recipients, and

2 dates of receipt of all funds received under the

3 grant during the previous fiscal year.

4 ‘‘(B) The amount and the dates of disburse5 ments of all such funds expended in compliance

6 with paragraph (1) or pursuant to mutual aid

7 agreements or other sharing arrangements that

8 apply within the State, region, or directly eligi9 ble tribe, as applicable, during the previous fiscal

10 year.

11 ‘‘(C) How the funds were utilized by each

12 ultimate recipient or beneficiary during the pre13 ceding fiscal year.

14 ‘‘(D) The extent to which essential capabili15 ties identified in the applicable State homeland

16 security plan or plans were achieved, main17 tained, or enhanced as the result of the expendi18 ture of grant funds during the preceding fiscal

19 year.

20 ‘‘(E) The extent to which essential capabili21 ties identified in the applicable State homeland

22 security plan or plans remain unmet.

23 ‘‘(6) INCLUSION OF RESTRICTED ANNEXES.—A

24 recipient of a covered grant may submit to the Sec25 retary an annex to the annual report under para-
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1 graph (5) that is subject to appropriate handling re2 strictions, if the recipient believes that discussion in

3 the report of unmet needs would reveal sensitive but

4 unclassified information.

5 ‘‘(7) PROVISION OF REPORTS.—The Secretary

6 shall ensure that each annual report under paragraph

7 (5) is provided to the Under Secretary for Emergency

8 Preparedness and Response and the Director of the

9 Office for Domestic Preparedness.

10 ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRATION OF

11 HOMELAND SECURITY GRANTS.—

12 ‘‘(1) PENALTIES FOR DELAY IN PASSING

13 THROUGH LOCAL SHARE.—If a recipient of a covered

14 grant that is a State fails to pass through to local

15 governments, first responders, and other local groups

16 funds or resources required by subsection (g)(1) with17 in 45 days after receiving funds under the grant, the

18 Secretary may—

19 ‘‘(A) reduce grant payments to the grant re20 cipient from the portion of grant funds that is

21 not required to be passed through under sub22 section (g)(1);

23 ‘‘(B) terminate payment of funds under the

24 grant to the recipient, and transfer the appro25 priate portion of those funds directly to local
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1 first responders that were intended to receive

2 funding under that grant; or

3 ‘‘(C) impose additional restrictions or bur4 dens on the recipient’s use of funds under the

5 grant, which may include—

6 ‘‘(i) prohibiting use of such funds to

7 pay the grant recipient’s grant-related over8 time or other expenses;

9 ‘‘(ii) requiring the grant recipient to

10 distribute to local government beneficiaries

11 all or a portion of grant funds that are not

12 required to be passed through under sub13 section (g)(1); or

14 ‘‘(iii) for each day that the grant re15 cipient fails to pass through funds or re16 sources in accordance with subsection

17 (g)(1), reducing grant payments to the

18 grant recipient from the portion of grant

19 funds that is not required to be passed

20 through under subsection (g)(1), except that

21 the total amount of such reduction may not

22 exceed 20 percent of the total amount of the

23 grant.

24 ‘‘(2) EXTENSION OF PERIOD.—The Governor of a

25 State may request in writing that the Secretary ex-
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1 tend the 45-day period under section 1805(e)(5)(E) or

2 paragraph (1) for an additional 15-day period. The

3 Secretary may approve such a request, and may ex4 tend such period for additional 15-day periods, if the

5 Secretary determines that the resulting delay in pro6 viding grant funding to the local government entities

7 that will receive funding under the grant will not

8 have a significant detrimental impact on such enti9 ties’ terrorism preparedness efforts.

10 ‘‘(3) PROVISION OF NON-LOCAL SHARE TO LOCAL

11 GOVERNMENT.—

12 ‘‘(A) IN GENERAL.—The Secretary may

13 upon request by a local government pay to the

14 local government a portion of the amount of a

15 covered grant awarded to a State in which the

16 local government is located, if—

17 ‘‘(i) the local government will use the

18 amount paid to expedite planned enhance19 ments to its terrorism preparedness as de20 scribed in any applicable State homeland

21 security plan or plans;

22 ‘‘(ii) the State has failed to pass

23 through funds or resources in accordance

24 with subsection (g)(1); and
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1 ‘‘(iii) the local government complies

2 with subparagraphs (B) and (C).

3 ‘‘(B) SHOWING REQUIRED.—To receive a

4 payment under this paragraph, a local govern5 ment must demonstrate that—

6 ‘‘(i) it is identified explicitly as an ul7 timate recipient or intended beneficiary in

8 the approved grant application;

9 ‘‘(ii) it was intended by the grantee to

10 receive a severable portion of the overall

11 grant for a specific purpose that is identi12 fied in the grant application;

13 ‘‘(iii) it petitioned the grantee for the

14 funds or resources after expiration of the pe15 riod within which the funds or resources

16 were required to be passed through under

17 subsection (g)(1); and

18 ‘‘(iv) it did not receive the portion of

19 the overall grant that was earmarked or

20 designated for its use or benefit.

21 ‘‘(C) EFFECT OF PAYMENT.—Payment of

22 grant funds to a local government under this

23 paragraph—
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1 ‘‘(i) shall not affect any payment to

2 another local government under this para3 graph; and

4 ‘‘(ii) shall not prejudice consideration

5 of a request for payment under this para6 graph that is submitted by another local

7 government.

8 ‘‘(D) DEADLINE FOR ACTION BY SEC9 RETARY.—The Secretary shall approve or dis10 approve each request for payment under this

11 paragraph by not later than 15 days after the

12 date the request is received by the Department.

13 ‘‘(i) REPORTS TO CONGRESS.—The Secretary shall

14 submit an annual report to the Congress by December 31

15 of each year—

16 ‘‘(1) describing in detail the amount of Federal

17 funds provided as covered grants that were directed to

18 each State, region, and directly eligible tribe in the

19 preceding fiscal year;

20 ‘‘(2) containing information on the use of such

21 grant funds by grantees; and

22 ‘‘(3) describing—

23 ‘‘(A) the Nation’s progress in achieving,

24 maintaining, and enhancing the essential capa25 bilities established under section 1803(a) as a re-
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1 sult of the expenditure of covered grant funds

2 during the preceding fiscal year; and

3 ‘‘(B) an estimate of the amount of expendi4 tures required to attain across the United States

5 the essential capabilities established under sec6 tion 1803(a).

7 ‘‘SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER

8 EQUIPMENT AND TRAINING.

9 ‘‘(a) EQUIPMENT STANDARDS.—

10 ‘‘(1) IN GENERAL.—The Secretary, in consulta11 tion with the Under Secretaries for Emergency Pre12 paredness and Response and Science and Technology

13 and the Director of the Office for Domestic Prepared14 ness, shall, not later than 6 months after the date of

15 enactment of this section, support the development of,

16 promulgate, and update as necessary national vol17 untary consensus standards for the performance, use,

18 and validation of first responder equipment for pur19 poses of section 1805(e)(7). Such standards—

20 ‘‘(A) shall be, to the maximum extent prac21 ticable, consistent with any existing voluntary

22 consensus standards;

23 ‘‘(B) shall take into account, as appro24 priate, new types of terrorism threats that may
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1 not have been contemplated when such existing

2 standards were developed;

3 ‘‘(C) shall be focused on maximizing inter4 operability, interchangeability, durability, flexi5 bility, efficiency, efficacy, portability, sustain6 ability, and safety; and

7 ‘‘(D) shall cover all appropriate uses of the

8 equipment.

9 ‘‘(2) REQUIRED CATEGORIES.—In carrying out

10 paragraph (1), the Secretary shall specifically con11 sider the following categories of first responder equip12 ment:

13 ‘‘(A) Thermal imaging equipment.

14 ‘‘(B) Radiation detection and analysis

15 equipment.

16 ‘‘(C) Biological detection and analysis

17 equipment.

18 ‘‘(D) Chemical detection and analysis

19 equipment.

20 ‘‘(E) Decontamination and sterilization

21 equipment.

22 ‘‘(F) Personal protective equipment, includ23 ing garments, boots, gloves, and hoods and other

24 protective clothing.

25 ‘‘(G) Respiratory protection equipment.
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1 ‘‘(H) Interoperable communications, includ2 ing wireless and wireline voice, video, and data

3 networks.

4 ‘‘(I) Explosive mitigation devices and explo5 sive detection and analysis equipment.

6 ‘‘(J) Containment vessels.

7 ‘‘(K) Contaminant-resistant vehicles.

8 ‘‘(L) Such other equipment for which the

9 Secretary determines that national voluntary

10 consensus standards would be appropriate.

11 ‘‘(b) TRAINING STANDARDS.—

12 ‘‘(1) IN GENERAL.—The Secretary, in consulta13 tion with the Under Secretaries for Emergency Pre14 paredness and Response and Science and Technology

15 and the Director of the Office for Domestic Prepared16 ness, shall support the development of, promulgate,

17 and regularly update as necessary national voluntary

18 consensus standards for first responder training car19 ried out with amounts provided under covered grant

20 programs, that will enable State and local govern21 ment first responders to achieve optimal levels of ter22 rorism preparedness as quickly as practicable. Such

23 standards shall give priority to providing training

24 to—
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1 ‘‘(A) enable first responders to prevent, pre2 pare for, respond to, and mitigate terrorist

3 threats, including threats from chemical, biologi4 cal, nuclear, and radiological weapons and ex5 plosive devices capable of inflicting significant

6 human casualties; and

7 ‘‘(B) familiarize first responders with the

8 proper use of equipment, including software, de9 veloped pursuant to the standards established

10 under subsection (a).

11 ‘‘(2) REQUIRED CATEGORIES.—In carrying out

12 paragraph (1), the Secretary specifically shall include

13 the following categories of first responder activities:

14 ‘‘(A) Regional planning.

15 ‘‘(B) Joint exercises.

16 ‘‘(C) Intelligence collection, analysis, and

17 sharing.

18 ‘‘(D) Emergency notification of affected

19 populations.

20 ‘‘(E) Detection of biological, nuclear, radio21 logical, and chemical weapons of mass destruc22 tion.

23 ‘‘(F) Such other activities for which the Sec24 retary determines that national voluntary con25 sensus training standards would be appropriate.
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1 ‘‘(3) CONSISTENCY.—In carrying out this sub2 section, the Secretary shall ensure that such training

3 standards are consistent with the principles of emer4 gency preparedness for all hazards.

5 ‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA6 TIONS.—In establishing national voluntary consensus

7 standards for first responder equipment and training under

8 this section, the Secretary shall consult with relevant public

9 and private sector groups, including—

10 ‘‘(1) the National Institute of Standards and

11 Technology;

12 ‘‘(2) the National Fire Protection Association;

13 ‘‘(3) the National Association of County and

14 City Health Officials;

15 ‘‘(4) the Association of State and Territorial

16 Health Officials;

17 ‘‘(5) the American National Standards Institute;

18 ‘‘(6) the National Institute of Justice;

19 ‘‘(7) the Inter-Agency Board for Equipment

20 Standardization and Interoperability;

21 ‘‘(8) the National Public Health Performance

22 Standards Program;

23 ‘‘(9) the National Institute for Occupational

24 Safety and Health;

25 ‘‘(10) ASTM International;
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1 ‘‘(11) the International Safety Equipment Asso2 ciation;

3 ‘‘(12) the Emergency Management Accreditation

4 Program; and

5 ‘‘(13) to the extent the Secretary considers ap6 propriate, other national voluntary consensus stand7 ards development organizations, other interested Fed8 eral, State, and local agencies, and other interested

9 persons.

10 ‘‘(d) COORDINATION WITH SECRETARY OF HHS.—In

11 establishing any national voluntary consensus standards

12 under this section for first responder equipment or training

13 that involve or relate to health professionals, including

14 emergency medical professionals, the Secretary shall coordi15 nate activities under this section with the Secretary of

16 Health and Human Services.’’.

17 (b) DEFINITION OF EMERGENCY RESPONSE PRO18 VIDERS.—Paragraph (6) of section 2 of the Homeland Secu19 rity Act of 2002 (Public Law 107–296; 6 U.S.C. 101(6))

20 is amended by striking ‘‘includes’’ and all that follows and

21 inserting ‘‘includes Federal, State, and local governmental

22 and nongovernmental emergency public safety, law enforce23 ment, fire, emergency response, emergency medical (includ24 ing hospital emergency facilities), and related personnel, or25 ganizations, agencies, and authorities.’’.
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1 (c) TEMPORARY LIMITATIONS ON APPLICATION.—

2 (1) 1-YEAR DELAY IN APPLICATION.—The fol3 lowing provisions of title XVIII of the Homeland Se4 curity Act of 2002, as amended by subsection (a),

5 shall not apply during the 1-year period beginning on

6 the date of the enactment of this Act:

7 (A) Subsections (b), (c), and (e)(4)(A) and

8 (B) of section 1805.

9 (B) In section 1805(f)(3)(A), the phrase ‘‘,

10 by enhancing the essential capabilities of the ap11 plicants,’’.

12 (2) 2-YEAR DELAY IN APPLICATION.—The fol13 lowing provisions of title XVIII of the Homeland Se14 curity Act of 2002, as amended by subsection (a),

15 shall not apply during the 2-year period beginning on

16 the date of the enactment of this Act:

17 (A) Subparagraphs (D) and (E) of section

18 1806(g)(5).

19 (B) Section 1806(i)(3).

20 SEC. 5004. COORDINATION OF INDUSTRY EFFORTS.

21 Section 102(f) of the Homeland Security Act of 2002

22 (Public Law 107–296; 6 U.S.C. 112(f)) is amended by strik23 ing ‘‘and’’ after the semicolon at the end of paragraph (6),

24 by striking the period at the end of paragraph (7) and in25 serting ‘‘; and’’, and by adding at the end the following:
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1 ‘‘(8) coordinating industry efforts, with respect

2 to functions of the Department of Homeland Security,

3 to identify private sector resources and capabilities

4 that could be effective in supplementing Federal,

5 State, and local government agency efforts to prevent

6 or respond to a terrorist attack.’’.

7 SEC. 5005. SUPERSEDED PROVISION.

8 This subtitle supersedes section 1014 of Public Law

9 107–56.

10 SEC. 5006. SENSE OF CONGRESS REGARDING INTEROPER11 ABLE COMMUNICATIONS.

12 (a) FINDING.—The Congress finds that—

13 (1) many emergency response providers (as de14 fined under section 2 of the Homeland Security Act

15 of 2002 (6 U.S.C. 101), as amended by this Act)

16 working in the same jurisdiction or in different juris17 dictions cannot effectively and efficiently commu18 nicate with one another; and

19 (2) their inability to do so threatens the public’s

20 safety and may result in unnecessary loss of lives and

21 property.

22 (b) SENSE OF CONGRESS.—It is the sense of the Con23 gress that interoperable emergency communications systems

24 and radios should continue to be deployed as soon as prac25 ticable for use by the emergency response provider commu-
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1 nity, and that upgraded and new digital communications

2 systems and new digital radios must meet prevailing na3 tional, voluntary consensus standards for interoperability.

4 SEC. 5007. SENSE OF CONGRESS REGARDING CITIZEN

5 CORPS COUNCILS.

6 (a) FINDING.—The Congress finds that Citizen Corps

7 councils help to enhance local citizen participation in ter8 rorism preparedness by coordinating multiple Citizen

9 Corps programs, developing community action plans, as10 sessing possible threats, and identifying local resources.

11 (b) SENSE OF CONGRESS.—It is the sense of the Con12 gress that individual Citizen Corps councils should seek to

13 enhance the preparedness and response capabilities of all

14 organizations participating in the councils, including by

15 providing funding to as many of their participating orga16 nizations as practicable to promote local terrorism pre17 paredness programs.

18 SEC. 5008. STUDY REGARDING NATIONWIDE EMERGENCY

19 NOTIFICATION SYSTEM.

20 (a) STUDY.—The Secretary of Homeland Security, in

21 consultation with the heads of other appropriate Federal

22 agencies and representatives of providers and participants

23 in the telecommunications industry, shall conduct a study

24 to determine whether it is cost-effective, efficient, and fea-
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1 sible to establish and implement an emergency telephonic

2 alert notification system that will—

3 (1) alert persons in the United States of immi4 nent or current hazardous events caused by acts of

5 terrorism; and

6 (2) provide information to individuals regarding

7 appropriate measures that may be undertaken to al8 leviate or minimize threats to their safety and welfare

9 posed by such events.

10 (b) TECHNOLOGIES TO CONSIDER.—In conducting the

11 study, the Secretary shall consider the use of the telephone,

12 wireless communications, and other existing communica13 tions networks to provide such notification.

14 (c) REPORT.—Not later than 9 months after the date

15 of the enactment of this Act, the Secretary shall submit to

16 the Congress a report regarding the conclusions of the study.

17 SEC. 5009. REQUIRED COORDINATION.

18 The Secretary of Homeland Security shall ensure that

19 there is effective and ongoing coordination of Federal efforts

20 to prevent, prepare for, and respond to acts of terrorism

21 and other major disasters and emergencies among the divi22 sions of the Department of Homeland Security, including

23 the Directorate of Emergency Preparedness and Response

24 and the Office for State and Local Government Coordina25 tion and Preparedness.
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1 SECTION 5010. STUDY OF EXPANSION OF AREA OF JURIS2 DICTION OF OFFICE OF NATIONAL CAPITAL

3 REGION COORDINATION.

4 (a) STUDY.—The Secretary of Homeland Security,

5 acting through the Director of the Office of National Capital

6 Region Coordination, shall conduct a study of the feasibility

7 and desirability of modifying the definition of ‘‘National

8 Capital Region’’ applicable under section 882 of the Home9 land Security Act of 2002 to expand the geographic area

10 under the jurisdiction of the Office of National Capital Re11 gion Coordination.

12 (b) FACTORS.—In conducting the study under sub13 section (a), the Secretary shall analyze whether expanding

14 the geographic area under the jurisdiction of the Office of

15 National Region Coordination will—

16 (1) promote coordination among State and local

17 governments within the Region, including regional

18 governing bodies, and coordination of the efforts of

19 first responders; and

20 (2) enhance the ability of such State and local

21 governments and the Federal Government to prevent

22 and respond to a terrorist attack within the Region.

23 (c) REPORT.—Not later than 6 months after the date

24 of the enactment of this Act, the Secretary shall submit a

25 report to Congress on the study conducted under subsection

26 (a), and shall include in the report such recommendations
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1 (including recommendations for legislation to amend sec2 tion 882 of the Homeland Security Act of 2002) as the Sec3 retary considers appropriate.

4 SEC. 5011. DIGITAL TELEVISION CONVERSION DEADLINE.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) Congress granted television broadcasters ad7 ditional 6 MHz blocks of spectrum to transmit digital

8 broadcasts simultaneously with the analog broadcasts

9 they transmit on their original 6 megahertz blocks of

10 spectrum.

11 (2) Section 309(j)(14) of the Communications

12 Act of 1934 requires each television broadcaster to

13 cease analog transmissions and return 6 megahertz of

14 spectrum by December 31, 2006, or once just over 85

15 percent of the television households in that broad16 caster’s market can view digital broadcast television

17 channels using a digital television, a digital-to-ana18 log-converter box, cable service, or satellite service,

19 whichever is later.

20 (3) Twenty-four megahertz of spectrum currently

21 occupied by the television broadcasters has been ear22 marked for use by first responders once the television

23 broadcasters return the spectrum broadcasters cur24 rently use to provide analog transmissions.
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1 (4) This spectrum would be ideal to provide first

2 responders with interoperable communications chan3 nels.

4 (5) Large parts of the vacated spectrum could be

5 auctioned for advanced commercial services, such as

6 wireless broadband.

7 (6) The ‘‘85-percent penetration test’’ could delay

8 the termination of analog television broadcasts and

9 the return of spectrum well beyond 2007, hindering

10 the use of that spectrum for these important public11 safety and advanced commercial uses.

12 (7) Proposals to require broadcasters to return,

13 on a date certain, just the spectrum earmarked for fu14 ture public-safety use would not adequately resolve the

15 identified need for improved public-safety commu16 nications interoperability. Broadcasters estimate that

17 the public-safety only approach would dislocate as

18 many as 75 stations, including some in major mar19 kets, airing major network programming, sometimes

20 even in digital form. Unless broadcasters are required

21 to return concurrently all the spectrum currently used

22 for analog transmissions, it will be exceedingly dif23 ficult to relocate these 75 stations, which also serve a

24 critical public safety function by broadcasting weath25 er, traffic, disaster, and other safety alerts.
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1 (8) Proposals to require broadcasters to return,

2 on a date certain, just the spectrum earmarked for fu3 ture public-safety use also would neither address the

4 digital television transition in a comprehensive fash5 ion nor free valuable spectrum for advanced commer6 cial services.

7 (b) SENSE OF CONGRESS.—Now, therefore, it is the

8 sense of Congress that section 309(j)(14) of the Communica9 tions Act of 1934 should be amended to eliminate the 85-

10 percent penetration test and to require broadcasters to cease

11 analog transmissions at the close of December 31, 2006, so

12 that the spectrum can be returned and repurposed for im13 portant public-safety and advanced commercial uses.

14 Subtitle B—Government

15 Reorganization Authority

16 SEC. 5021. AUTHORIZATION OF INTELLIGENCE COMMUNITY

17 REORGANIZATION PLANS.

18 (a) REORGANIZATION PLANS.—Section 903(a)(2) of

19 title 5, United States Code, is amended to read as follows:

20 ‘‘(2) the abolition of all or a part of the func21 tions of an agency;’’.

22 (b) REPEAL OF LIMITATIONS.—Section 905 of title 5,

23 United States Code, is amended to read as follows:
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1 ‘‘§ 905. Limitation on authority

2 ‘‘The authority to submit reorganization plans under

3 this chapter is limited to the following organizational units:

4 ‘‘(1) The Office of the National Intelligence Di5 rector.

6 ‘‘(2) The Central Intelligence Agency.

7 ‘‘(3) The National Security Agency.

8 ‘‘(4) The Defense Intelligence Agency.

9 ‘‘(5) The National Geospatial-Intelligence Agen10 cy.

11 ‘‘(6) The National Reconnaissance Office.

12 ‘‘(7) Other offices within the Department of De13 fense for the collection of specialized national intel14 ligence through reconnaissance programs.

15 ‘‘(8) The intelligence elements of the Army, the

16 Navy, the Air Force, the Marine Corps, the Federal

17 Bureau of Investigation, and the Department of En18 ergy.

19 ‘‘(9) The Bureau of Intelligence and Research of

20 the Department of State.

21 ‘‘(10) The Office of Intelligence Analysis of the

22 Department of Treasury.

23 ‘‘(11) The elements of the Department of Home24 land Security concerned with the analysis of intel25 ligence information, including the Office of Intel26 ligence of the Coast Guard.
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1 ‘‘(12) Such other elements of any other depart2 ment or agency as may be designated by the Presi3 dent, or designated jointly by the National Intel4 ligence Director and the head of the department or

5 agency concerned, as an element of the intelligence

6 community.’’.

7 (c) REORGANIZATION PLANS.—903(a) of title 5,

8 United States Code, is amended—

9 (1) in paragraph (5), by striking ‘‘or’’ after the

10 semicolon;

11 (2) in paragraph (6), by striking the period and

12 inserting ‘‘; or’’; and

13 (3) by inserting after paragraph (6) the fol14 lowing:

15 ‘‘(7) the creation of an agency.’’.

16 (d) APPLICATION OF CHAPTER.—Chapter 9 of title 5,

17 United States Code, is amended by adding at the end the

18 following:

19 ‘‘§ 913. Application of chapter

20 ‘‘This chapter shall apply to any reorganization plan

21 transmitted to Congress in accordance with section 903(b)

22 on or after the date of enactment of this section.’’.

23 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

24 (1) TABLE OF SECTIONS.—The table of sections

25 for chapter 9 of title 5, United States Code, is amend-
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1 ed by adding after the item relating to section 912 the

2 following:

‘‘913. Application of chapter.’’.

3 (2) REFERENCES.—Chapter 9 of title 5, United

4 States Code, is amended—

5 (A) in section 908(1), by striking ‘‘on or be6 fore December 31, 1984’’; and (B) in section 910,

7 by striking ‘‘Government Operations’’ each place

8 it appears and inserting ‘‘Government Reform’’.

9 (3) DATE MODIFICATION.—Section 909 of title 5,

10 United States Code, is amended in the first sentence

11 by striking ‘‘19’’ and inserting ‘‘20’’.

12 Subtitle C—Restructuring Relating

13 to the Department of Homeland

14 Security and Congressional

15 Oversight

16 SEC. 5025. RESPONSIBILITIES OF COUNTERNARCOTICS OF17 FICE.

18 (a) AMENDMENT.—Section 878 of the Homeland Secu19 rity Act of 2002 (6 U.S.C. 458) is amended to read as fol20 lows:

21 ‘‘SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.

22 ‘‘(a) OFFICE.—There shall be in the Department an

23 Office of Counternarcotics Enforcement, which shall be

24 headed by a Director appointed by the President, by and

25 with the advice and consent of the Senate.
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1 ‘‘(b) ASSIGNMENT OF PERSONNEL.—(1) The Secretary

2 shall assign to the Office permanent staff and other appro3 priate personnel detailed from other subdivisions of the De4 partment to carry out responsibilities under this section.

5 ‘‘(2) The Secretary shall designate senior employees

6 from each appropriate subdivision of the Department that

7 has significant counternarcotics responsibilities to act as a

8 liaison between that subdivision and the Office of Counter9 narcotics Enforcement.

10 ‘‘(c) LIMITATION ON CONCURRENT EMPLOYMENT.—

11 Except as provided in subsection (d), the Director of the

12 Office of Counternarcotics Enforcement shall not be em13 ployed by, assigned to, or serve as the head of, any other

14 branch of the Federal Government, any State or local gov15 ernment, or any subdivision of the Department other than

16 the Office of Counternarcotics Enforcement.

17 ‘‘(d) ELIGIBILITY TO SERVE AS THE UNITED STATES

18 INTERDICTION COORDINATOR.—The Director of the Office

19 of Counternarcotics Enforcement may be appointed as the

20 United States Interdiction Coordinator by the Director of

21 the Office of National Drug Control Policy, and shall be

22 the only person at the Department eligible to be so ap23 pointed.
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1 ‘‘(e) RESPONSIBILITIES.—The Secretary shall direct

2 the Director of the Office of Counternarcotics

3 Enforcement—

4 ‘‘(1) to coordinate policy and operations within

5 the Department, between the Department and other

6 Federal departments and agencies, and between the

7 Department and State and local agencies with respect

8 to stopping the entry of illegal drugs into the United

9 States;

10 ‘‘(2) to ensure the adequacy of resources within

11 the Department for stopping the entry of illegal drugs

12 into the United States;

13 ‘‘(3) to recommend the appropriate financial

14 and personnel resources necessary to help the Depart15 ment better fulfill its responsibility to stop the entry

16 of illegal drugs into the United States;

17 ‘‘(4) within the Joint Terrorism Task Force con18 struct to track and sever connections between illegal

19 drug trafficking and terrorism; and

20 ‘‘(5) to be a representative of the Department on

21 all task forces, committees, or other entities whose

22 purpose is to coordinate the counternarcotics enforce23 ment activities of the Department and other Federal,

24 state or local agencies.

25 ‘‘(f) REPORTS TO CONGRESS.—
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1 ‘‘(1) ANNUAL BUDGET REVIEW.—The Director of

2 the Office of Counternarcotics Enforcement shall, not

3 later than 30 days after the submission by the Presi4 dent to Congress of any request for expenditures for

5 the Department, submit to the Committees on Appro6 priations and the authorizing committees of jurisdic7 tion of the House of Representatives and the Senate

8 a review and evaluation of such request. The review

9 and evaluation shall—

10 ‘‘(A) identify any request or subpart of any

11 request that affects or may affect the counter12 narcotics activities of the Department or any of

13 its subdivisions, or that affects the ability of the

14 Department or any subdivision of the Depart15 ment to meet its responsibility to stop the entry

16 of illegal drugs into the United States;

17 ‘‘(B) describe with particularity how such

18 requested funds would be or could be expended in

19 furtherance of counternarcotics activities; and

20 ‘‘(C) compare such requests with requests for

21 expenditures and amounts appropriated by Con22 gress in the previous fiscal year.

23 ‘‘(2) EVALUATION OF COUNTERNARCOTICS AC24 TIVITIES.—The Director of the Office of Counter25 narcotics Enforcement shall, not later than February
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1 1 of each year, submit to the Committees on Appro2 priations and the authorizing committees of jurisdic3 tion of the House of Representatives and the Senate

4 a review and evaluation of the counternarcotics ac5 tivities of the Department for the previous fiscal year.

6 The review and evaluation shall—

7 ‘‘(A) describe the counternarcotics activities

8 of the Department and each subdivision of the

9 Department (whether individually or in coopera10 tion with other subdivisions of the Department,

11 or in cooperation with other branches of the Fed12 eral Government or with State or local agencies),

13 including the methods, procedures, and systems

14 (including computer systems) for collecting, ana15 lyzing, sharing, and disseminating information

16 concerning narcotics activity within the Depart17 ment and between the Department and other

18 Federal, State, and local agencies;

19 ‘‘(B) describe the results of those activities,

20 using quantifiable data whenever possible;

21 ‘‘(C) state whether those activities were suf22 ficient to meet the responsibility of the Depart23 ment to stop the entry of illegal drugs into the

24 United States, including a description of the per-
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1 formance measures of effectiveness that were used

2 in making that determination; and

3 ‘‘(D) recommend, where appropriate,

4 changes to those activities to improve the per5 formance of the Department in meeting its re6 sponsibility to stop the entry of illegal drugs into

7 the United States.

8 ‘‘(3) CLASSIFIED OR LAW ENFORCEMENT SEN9 SITIVE INFORMATION.—Any content of a review and

10 evaluation described in the reports required in this

11 subsection that involves information classified under

12 criteria established by an Executive order, or whose

13 public disclosure, as determined by the Secretary,

14 would be detrimental to the law enforcement or na15 tional security activities of the Department or any

16 other Federal, State, or local agency, shall be pre17 sented to Congress separately from the rest of the re18 view and evaluation.’’.

19 (b) CONFORMING AMENDMENT.—Section 103(a) of the

20 Homeland Security Act of 2002 (6 U.S.C. 113(a)) is

21 amended—

22 (1) by redesignating paragraphs (8) and (9) as

23 paragraphs (9) and (10), respectively; and

24 (2) by inserting after paragraph (7) the fol25 lowing new paragraph (8):
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1 ‘‘(8) A Director of the Office of Counternarcotics

2 Enforcement.’’.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the

4 amounts appropriated for the Department of Homeland Se5 curity for Departmental management and operations for

6 fiscal year 2005, there is authorized up to $6,000,000 to

7 carry out section 878 of the Department of Homeland Secu8 rity Act of 2002 (as amended by this section).

9 SEC. 5026. USE OF COUNTERNARCOTICS ENFORCEMENT AC10 TIVITIES IN CERTAIN EMPLOYEE PERFORM11 ANCE APPRAISALS.

12 (a) IN GENERAL.—Subtitle E of title VIII of the

13 Homeland Security Act of 2002 (6 U.S.C. 411 and fol14 lowing) is amended by adding at the end the following:

15 ‘‘SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT AC16 TIVITIES IN CERTAIN EMPLOYEE PERFORM17 ANCE APPRAISALS.

18 ‘‘(a) IN GENERAL.—Each subdivision of the Depart19 ment that is a National Drug Control Program Agency

20 shall include as one of the criteria in its performance ap21 praisal system, for each employee directly or indirectly in22 volved in the enforcement of Federal, State, or local nar23 cotics laws, the performance of that employee with respect

24 to the enforcement of Federal, State, or local narcotics laws,
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1 relying to the greatest extent practicable on objective per2 formance measures, including—

3 ‘‘(1) the contribution of that employee to seizures

4 of narcotics and arrests of violators of Federal, State,

5 or local narcotics laws; and

6 ‘‘(2) the degree to which that employee cooper7 ated with or contributed to the efforts of other employ8 ees, either within the Department or other Federal,

9 State, or local agencies, in counternarcotics enforce10 ment.

11 ‘‘(b) DEFINITIONS.—For purposes of this section—

12 ‘‘(1) the term ‘National Drug Control Program

13 Agency’ means—

14 ‘‘(A) a National Drug Control Program

15 Agency, as defined in section 702(7) of the Office

16 of National Drug Control Policy Reauthorization

17 Act of 1998 (as last in effect); and

18 ‘‘(B) any subdivision of the Department

19 that has a significant counternarcotics responsi20 bility, as determined by—

21 ‘‘(i) the counternarcotics officer, ap22 pointed under section 878; or

23 ‘‘(ii) if applicable, the counternarcotics

24 officer’s successor in function (as deter25 mined by the Secretary); and
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1 ‘‘(2) the term ‘performance appraisal system’

2 means a system under which periodic appraisals of

3 job performance of employees are made, whether

4 under chapter 43 of title 5, United States Code, or

5 otherwise.’’.

6 (b) CLERICAL AMENDMENT.—The table of contents for

7 the Homeland Security Act of 2002 is amended by inserting

8 after the item relating to section 842 the following:

‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee performance appraisals.’’.

9 SEC. 5027. SENSE OF THE HOUSE OF REPRESENTATIVES ON

10 ADDRESSING HOMELAND SECURITY FOR THE

11 AMERICAN PEOPLE.

12 (a) FINDINGS.—The House of Representatives finds

13 that—

14 (1) the House of Representatives created a Select

15 Committee on Homeland Security at the start of the

16 108th Congress to provide for vigorous congressional

17 oversight for the implementation and operation of the

18 Department of Homeland Security;

19 (2) the House of Representatives also charged the

20 Select Committee on Homeland Security with under21 taking a thorough and complete study of the oper22 ation and implementation of the rules of the House,

23 including the rule governing committee jurisdiction,
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1 with respect to the issue of homeland security and to

2 make its recommendations to the Committee on Rules;

3 (3) on February 11, 2003, the Committee on Ap4 propriations of the House of Representatives created

5 a new Subcommittee on Homeland Security with ju6 risdiction over the Transportation Security Adminis7 tration, the Coast Guard, and other entities within

8 the Department of Homeland Security to help address

9 the integration of the Department of Homeland Secu10 rity’s 22 legacy agencies; and

11 (4) during the 108th Congress, the House of Rep12 resentatives has taken several steps to help ensure its

13 continuity in the event of a terrorist attack,

14 including—

15 (A) adopting H.R. 2844, the Continuity of

16 Representation Act, a bill to require States to

17 hold expedited special elections to fill vacancies

18 in the House of Representatives not later than 45

19 days after the vacancy is announced by the

20 Speaker in extraordinary circumstances;

21 (B) granting authority for joint-leadership

22 recalls from a period of adjournment to an alter23 nate place;

24 (C) allowing for anticipatory consent with

25 the Senate to assemble in an alternate place;
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1 (D) establishing the requirement that the

2 Speaker submit to the Clerk a list of Members in

3 the order in which each shall act as Speaker pro

4 tempore in the case of a vacancy in the Office of

5 Speaker (including physical inability of the

6 Speaker to discharge his duties) until the election

7 of a Speaker or a Speaker pro tempore, exer8 cising such authorities of the Speaker as may be

9 necessary and appropriate to that end;

10 (E) granting authority for the Speaker to

11 declare an emergency recess of the House subject

12 to the call of the Chair when notified of an im13 minent threat to the safety of the House;

14 (F) granting authority for the Speaker, dur15 ing any recess or adjournment of not more than

16 three days, in consultation with the Minority

17 Leader, to postpone the time for reconvening or

18 to reconvene before the time previously appointed

19 solely to declare the House in recess, in each case

20 within the constitutional three-day limit;

21 (G) establishing the authority for the Speak22 er to convene the House in an alternate place

23 within the seat of Government; and

24 (H) codifying the long-standing practice

25 that the death, resignation, expulsion, disquali-
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1 fication, or removal of a Member results in an

2 adjustment of the quorum of the House, which

3 the Speaker shall announce to the House and

4 which shall not be subject to appeal.

5 (b) SENSE OF THE HOUSE.—It is the sense of the

6 House of Representatives that the Committee on Rules

7 should act upon the recommendations provided by the Select

8 Committee on Homeland Security, and other committees of

9 existing jurisdiction, regarding the jurisdiction over pro10 posed legislation, messages, petitions, memorials and other

11 matters relating to homeland security prior to or at the

12 start of the 109th Congress.

13 SEC. 5028. ASSISTANT SECRETARY FOR CYBERSECURITY.

14 (a) IN GENERAL.—Subtitle A of title II of the Home15 land Security Act of 2002 (6 USC 121 et. seq.) is amended

16 by adding at the end the following:

17 ‘‘SEC. 203. ASSISTANT SECRETARY FOR CYBERSERCURITY.

18 ‘‘(a) IN GENERAL.—There shall be in the Department

19 an Assistant Secretary for Cybersecurity, who shall be ap20 pointed by the President.

21 ‘‘(b) RESPONSIBILITIES.—The Assistant Secretary for

22 Cybersecurity shall assist the Under Secretary for Informa23 tion Analysis and Infrastructure Protection in discharging

24 the responsibilities of the Under Secretary under this sub25 title.
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1 ‘‘(c) AUTHORITY OVER THE NATIONAL COMMUNICA2 TIONS SYSTEM.—The Assistant Secretary shall have pri3 mary authority within the Department over the National

4 Communications System.’’.

5 (b) CLERICAL AMENDMENT.—The table of contents in

6 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.

7 101 et seq.) is amended by inserting after the item relating

8 to section 202 the following:

‘‘203. Assistant Secretary for Cybersecurity.’’.

9 SEC. 5029. INTEGRATING SECURITY SCREENING SYSTEMS

10 AND ENHANCING INFORMATION SHARING BY

11 DEPARTMENT OF HOMELAND SECURITY.

12 (a) IMMEDIATE ACTIONS.—The Secretary of Home13 land Security shall ensure—

14 (1)(A) that appropriate personnel of the Depart15 ment of Homeland Security who are engaged in the

16 security-related screening of individuals and entities

17 interacting with the United States border and trans18 portation systems, have the appropriate security

19 clearances, and need access to the information in the

20 context of their job responsibilities, can promptly ac21 cess or receive law enforcement and intelligence infor22 mation contained in all databases utilized by the De23 partment, except as otherwise provided by law or, as

24 appropriate, under guidelines agreed upon by the At25 torney General and the Secretary;
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1 (B) any Federal official who receives informa2 tion pursuant to subparagraph (A) may use that in3 formation only as necessary in the conduct of that

4 person’s official duties and subject to any limitations

5 on the unauthorized disclosure of such information;

6 (2) the coordination and, where appropriate,

7 consolidation or elimination of duplicative targeting

8 and screening centers or systems used by the Depart9 ment for security screening purposes;

10 (3) the timely sharing of law enforcement and

11 intelligence information between entities of the Direc12 torate of Border and Transportation Security and the

13 Directorate for Information Analysis and Infrastruc14 ture Protection, and any other entities of the Federal

15 Government prescribed by the Secretary in consulta16 tion with the Director of the Office of Management

17 and Budget; and

18 (4) that all actions taken under this section are

19 consistent with the Secretary’s Department-wide ef20 forts to ensure the compatibility of information sys21 tems and databases pursuant to section 102(b)(3) of

22 the Homeland Security Act of 2002 (6 U.S.C.

23 112(b)(3)).

24 (b) REPORT.—
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1 (1) REQUIREMENT.—Not later than 90 days

2 after the date of the enactment of this Act, the Sec3 retary of Homeland Security shall submit a report to

4 the Congress that includes the following:

5 (A) A description of each center, office, task

6 force, or other coordinating organization that the

7 Department of Homeland Security administers,

8 maintains, or participates in, and that is in9 volved in collecting, analyzing, or sharing infor10 mation or intelligence related to—

11 (i) individuals or organizations in12 volved in terrorism, drug trafficking, illegal

13 immigration, or any other criminal activ14 ity; or

15 (ii) the screening, investigation, in16 spection, or examination of persons or goods

17 entering the United States.

18 (B) A description of each database or other

19 electronic system that the Department of Home20 land Security administers or utilizes for the pur21 pose of tracking or sharing of information or in22 telligence related to—

23 (i) individuals or organizations in24 volved in terrorism, drug trafficking, illegal
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1 immigration, or any other criminal activ2 ity; or

3 (ii) the screening, investigation, in4 spection, or examination of persons or goods

5 entering the United States.

6 (C) For each description provided under

7 subparagraph (A) or (B)—

8 (i) information on the purpose and

9 scope of operations of the center, office, task

10 force, or other coordinating organization, or

11 database or other electronic system, respec12 tively; and

13 (ii) an identification of each subdivi14 sion of the Department, and each govern15 mental agency (whether Federal, State, or

16 local) that participates in or utilizes such

17 organization or system on a routine basis.

18 (D) A description of the nature and extent

19 of any overlap between, or duplication of effort

20 by, the centers, offices, task forces, and other co21 ordinating organizations, or databases and elec22 tronic systems, described under subparagraph

23 (A) or (B).

24 (2) CLASSIFIED OR LAW ENFORCEMENT SEN25 SITIVE INFORMATION.—Any content of the report that
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1 involves information classified under criteria estab2 lished by an Executive order, or the public disclosure

3 of which, as determined by the Secretary, would be

4 detrimental to the law enforcement or national secu5 rity activities of the Department or any other Fed6 eral, State, or local agency, shall be presented to the

7 Congress separately from the rest of the report.

8 (c) REQUIREMENT TO SUBMIT PLAN.—Within 270

9 days after the date of the enactment of this Act, the Sec10 retary of Homeland Security shall submit to the Congress

11 a plan describing the actions taken, and those that will be

12 taken, to implement subsection (a). Such plan shall include

13 an analysis of the feasibility of integrating all security

14 screening centers or systems utilized by the Department of

15 Homeland Security into a single, comprehensive system,

16 and actions that can be taken to further coordinate such

17 system with other Federal and private screening efforts at

18 critical infrastructure and facilities.

19 SEC. 5030. UNDER SECRETARY FOR THE PRIVATE SECTOR

20 AND TOURISM.

21 (a) ESTABLISHMENT OF UNDER SECRETARY FOR THE

22 PRIVATE SECTOR AND TOURISM.—Section 103(a) of the

23 Homeland Security Act of 2002 (6 U.S.C. 113(a)) is further

24 amended by redesignating paragraphs (2) through (10) in
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1 order as paragraphs (3) through (11), and by inserting

2 after paragraph (1) the following:

3 ‘‘(2) An Under Secretary for the Private Sector

4 and Tourism.’’.

5 (b) FUNCTIONS.—Section 102(f) of such Act (6 U.S.C.

6 112(f)) is further amended—

7 (1) by striking so much as precedes paragraph

8 (1) and inserting the following:

9 ‘‘(f) UNDER SECRETARY FOR THE PRIVATE SECTOR

10 AND TOURISM.—The Undersecretary for the Private Sector

11 and Tourism shall be responsible for—’’; and

12 (2) by striking ‘‘and’’ after the semicolon at the

13 end of paragraph (7), by striking the period at the

14 end of paragraph (8) and inserting a semicolon, and

15 by adding at the end the following:

16 ‘‘(9) employing an analytic and economic staff

17 who shall report directly to the Under Secretary on

18 the commercial and economic impact of Department

19 polices;

20 ‘‘(10) coordinating with the Office of State and

21 Local Government on all matters of concern to the

22 private sector, including the tourism industry; and

23 ‘‘(11) coordinating with the Assistant Secretary

24 for Trade Development of the Department of Com-
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1 merce on means of promoting tourism and travel to

2 the United States.’’.

3 Subtitle D—Improvements to

4 Information Security

5 SEC. 5031. AMENDMENTS TO CLINGER-COHEN PROVISIONS

6 TO ENHANCE AGENCY PLANNING FOR INFOR7 MATION SECURITY NEEDS.

8 Chapter 113 of title 40, United States Code, is

9 amended—

10 (1) in section 11302(b), by inserting ‘‘security,’’

11 after ‘‘use,’’;

12 (2) in section 11302(c), by inserting ‘‘, including

13 information security risks,’’ after ‘‘risks’’ both places

14 it appears;

15 (3) in section 11312(b)(1), by striking ‘‘informa16 tion technology investments’’ and inserting ‘‘invest17 ments in information technology (including informa18 tion security needs)’’; and

19 (4) in section 11315(b)(2), by inserting ‘‘, se20 cure,’’ after ‘‘sound’’.
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1 Subtitle E—Personnel Management

2 Improvements

3 CHAPTER 1—APPOINTMENTS PROCESS

4 REFORM

5 SEC. 5041. APPOINTMENTS TO NATIONAL SECURITY POSI6 TIONS.

7 (a) DEFINITION OF NATIONAL SECURITY POSITION.—

8 For purposes of this section, the term ‘‘national security

9 position’’ shall include—

10 (1) those positions that involve activities of the

11 United States Government that are concerned with

12 the protection of the Nation from foreign aggression,

13 terrorism, or espionage, including development of de14 fense plans or policies, intelligence or counterintel15 ligence activities, and related activities concerned

16 with the preservation of military strength of the

17 United States and protection of the homeland; and

18 (2) positions that require regular use of, or ac19 cess to, classified information.

20 (b) PUBLICATION IN THE FEDERAL REGISTER.—Not

21 later than 60 days after the effective date of this section,

22 the Director of the Office of Personnel Management shall

23 publish in the Federal Register a list of offices that con24 stitute national security positions under section (a) for

25 which Senate confirmation is required by law, and the Di-
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•S 2845 EAH

1 rector shall revise such list from time to time as appro2 priate.

3 (c) PRESIDENTIAL APPOINTMENTS.—(1) With respect

4 to appointment of individuals to offices identified under

5 section (b) and listed in sections 5315 or 5316 of title 5,

6 United States Code, which shall arise after the publication

7 of the list required by section (b), and notwithstanding any

8 other provision of law, the advice and consent of the Senate

9 shall not be required, but rather such appointment shall be

10 made by the President alone.

11 (2) With respect to appointment of individuals to of12 fices identified under section (b) and listed in sections 5313

13 or 5314 of title 5, United States Code, which shall arise

14 after the publication of the list required by section (b), and

15 notwithstanding any other provision of law, the advice and

16 consent of the Senate shall be required, except that if 30

17 legislative days shall have expired from the date on which

18 a nomination is submitted to the Senate without a con19 firmation vote occurring in the Senate, such appointment

20 shall be made by the President alone.

21 (3) For the purposes of this subsection, the term ‘‘legis22 lative day’’ means a day on which the Senate is in session.

23 SEC. 5042. PRESIDENTIAL INAUGURAL TRANSITIONS.

24 Subsections (a) and (b) of section 3349a of title 5,

25 United States Code, are amended to read as follows:
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1 ‘‘(a) As used in this section—

2 ‘‘(1) the term ‘inauguration day’ means the date

3 on which any person swears or affirms the oath of of4 fice as President; and

5 ‘‘(2) the term ‘specified national security posi6 tion’ shall mean not more than 20 positions requiring

7 Senate confirmation, not to include more than 3

8 heads of Executive Departments, which are designated

9 by the President on or after an inauguration day as

10 positions for which the duties involve substantial re11 sponsibility for national security.

12 ‘‘(b) With respect to any vacancy that exists during

13 the 60-day period beginning on an inauguration day, ex14 cept where the person swearing or affirming the oath of of15 fice was the President on the date preceding the date of

16 swearing or affirming such oath of office, the 210-day pe17 riod under section 3346 or 3348 shall be deemed to begin

18 on the later of the date occurring—

19 ‘‘(1) 90 days after such transitional inaugura20 tion day; or

21 ‘‘(2) 90 days after the date on which the vacancy

22 occurs.

23 ‘‘(c) With respect to any vacancy in any specified na24 tional security position that exists during the 60-day period

25 beginning on an inauguration day, the requirements of sub-
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•S 2845 EAH

1 paragraphs (A) and (B) of section 3345(a)(3) shall not

2 apply.’’.

3 SEC. 5043. PUBLIC FINANCIAL DISCLOSURE FOR THE IN4 TELLIGENCE COMMUNITY.

5 (a) IN GENERAL.—The Ethics in Government Act of

6 1978 (5 U.S.C. App.) is amended by inserting before title

7 IV the following:

8 ‘‘TITLE III—INTELLIGENCE PER9 SONNEL FINANCIAL DISCLO10 SURE REQUIREMENTS

11 ‘‘SEC. 301. PERSONS REQUIRED TO FILE.

12 ‘‘(a) Within 30 days of assuming the position of an

13 officer or employee described in subsection (e), an indi14 vidual shall file a report containing the information de15 scribed in section 302(b) unless the individual has left an16 other position described in subsection (e) within 30 days

17 prior to assuming such new position or has already filed

18 a report under this title with respect to nomination for the

19 new position or as a candidate for the position.

20 ‘‘(b)(1) Within 5 days of the transmittal by the Presi21 dent to the Senate of the nomination of an individual to

22 a position in the executive branch, appointment to which

23 requires the advice and consent of the Senate, such indi24 vidual shall file a report containing the information de25 scribed in section 302(b). Such individual shall, not later
550

•S 2845 EAH

1 than the date of the first hearing to consider the nomination

2 of such individual, make current the report filed pursuant

3 to this paragraph by filing the information required by sec4 tion 302(a)(1)(A) with respect to income and honoraria re5 ceived as of the date which occurs 5 days before the date

6 of such hearing. Nothing in this Act shall prevent any con7 gressional committee from requesting, as a condition of con8 firmation, any additional financial information from any

9 Presidential nominee whose nomination has been referred

10 to that committee.

11 ‘‘(2) An individual whom the President or the Presi12 dent-elect has publicly announced he intends to nominate

13 to a position may file the report required by paragraph

14 (1) at any time after that public announcement, but not

15 later than is required under the first sentence of such para16 graph.

17 ‘‘(c) Any individual who is an officer or employee de18 scribed in subsection (e) during any calendar year and per19 forms the duties of his position or office for a period in

20 excess of 60 days in that calendar year shall file on or before

21 May 15 of the succeeding year a report containing the infor22 mation described in section 302(a).

23 ‘‘(d) Any individual who occupies a position described

24 in subsection (e) shall, on or before the 30th day after termi25 nation of employment in such position, file a report con-
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•S 2845 EAH

1 taining the information described in section 302(a) cov2 ering the preceding calendar year if the report required by

3 subsection (c) has not been filed and covering the portion

4 of the calendar year in which such termination occurs up

5 to the date the individual left such office or position, unless

6 such individual has accepted employment in or takes the

7 oath of office for another position described in subsection

8 (e) or section 101(f).

9 ‘‘(e) The officers and employees referred to in sub10 sections (a), (c), and (d) are those officers and employees

11 who—

12 ‘‘(1) are employed in or under—

13 ‘‘(A) the Office of the National Intelligence

14 Director; or

15 ‘‘(B) an element of the intelligence commu16 nity, as defined in section 3(4) of the National

17 Security Act of 1947 (50 U.S.C. 401a(4)); and

18 ‘‘(2) would (but for this subsection) otherwise be

19 subject to title I by virtue of paragraph (3) of section

20 101(f), including—

21 ‘‘(A) any special Government employee and

22 any member of a uniformed service who is de23 scribed in such paragraph; and

24 ‘‘(B) any officer or employee in any posi25 tion with respect to which the Director of the Of-
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•S 2845 EAH

1 fice of Government Ethics makes a determination

2 described in such paragraph.

3 ‘‘(f)(1) Reasonable extensions of time for filing any re4 port may be granted under procedures prescribed by the Of5 fice of Government Ethics, but the total of such extensions

6 shall not exceed 90 days.

7 ‘‘(2)(A) In the case of an individual who is serving

8 in the Armed Forces, or serving in support of the Armed

9 Forces, in an area while that area is designated by the

10 President by Executive order as a combat zone for purposes

11 of section 112 of the Internal Revenue Code of 1986, the

12 date for the filing of any report shall be extended so that

13 the date is 180 days after the later of—

14 ‘‘(i) the last day of the individual’s service

15 in such area during such designated period; or

16 ‘‘(ii) the last day of the individual’s hos17 pitalization as a result of injury received or dis18 ease contracted while serving in such area.

19 ‘‘(B) The Office of Government Ethics, in consultation

20 with the Secretary of Defense, may prescribe procedures

21 under this paragraph.

22 ‘‘(g) The Director of the Office of Government Ethics

23 may grant a publicly available request for a waiver of any

24 reporting requirement under this title with respect to an

25 individual if the Director determines that—
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1 ‘‘(1) such individual is not a full-time employee

2 of the Government;

3 ‘‘(2) such individual is able to provide special

4 services needed by the Government;

5 ‘‘(3) it is unlikely that such individual’s outside

6 employment or financial interests will create a con7 flict of interest;

8 ‘‘(4) such individual is not reasonably expected

9 to perform the duties of his office or position for more

10 than 60 days in a calendar year; and

11 ‘‘(5) public financial disclosure by such indi12 vidual is not necessary in the circumstances.

13 ‘‘SEC. 302. CONTENTS OF REPORTS.

14 ‘‘(a) Each report filed pursuant to section 301 (c) and

15 (d) shall include a full and complete statement with respect

16 to the following:

17 ‘‘(1)(A) The source, description, and category of

18 amount or value of income (other than income re19 ferred to in subparagraph (B)) from any source (other

20 than from current employment by the United States

21 Government), received during the preceding calendar

22 year, aggregating more than $500 in amount or

23 value, except that honoraria received during Govern24 ment service by an officer or employee shall include,
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•S 2845 EAH

1 in addition to the source, the exact amount and the

2 date it was received.

3 ‘‘(B) The source, description, and category of

4 amount or value of investment income which may in5 clude but is not limited to dividends, rents, interest,

6 and capital gains, received during the preceding cal7 endar year which exceeds $500 in amount or value.

8 ‘‘(C) The categories for reporting the amount or

9 value of income covered in subparagraphs (A) and

10 (B) are—

11 ‘‘(i) greater than $500 but not more than

12 $20,000;

13 ‘‘(ii) greater than $20,000 but not more

14 than $100,000;

15 ‘‘(iii) greater than $100,000 but not more

16 than $1,000,000;

17 ‘‘(iv) greater than $1,000,000 but not more

18 than $2,500,000; and

19 ‘‘(v) greater than $2,500,000.

20 ‘‘(2)(A) The identity of the source, a brief de21 scription, and the value of all gifts aggregating more

22 than the minimal value as established by section

23 7342(a)(5) of title 5, United States Code, or $250,

24 whichever is greater, received from any source other

25 than a relative of the reporting individual during the
555

•S 2845 EAH

1 preceding calendar year, except that any food, lodg2 ing, or entertainment received as personal hospitality

3 of an individual need not be reported, and any gift

4 with a fair market value of $100 or less, as adjusted

5 at the same time and by the same percentage as the

6 minimal value is adjusted, need not be aggregated for

7 purposes of this subparagraph.

8 ‘‘(B) The identity of the source and a brief de9 scription (including dates of travel and nature of ex10 penses provided) of reimbursements received from any

11 source aggregating more than the minimal value as

12 established by section 7342(a)(5) of title 5, United

13 States Code, or $250, whichever is greater and re14 ceived during the preceding calendar year.

15 ‘‘(C) In an unusual case, a gift need not be ag16 gregated under subparagraph (A) if a publicly avail17 able request for a waiver is granted.

18 ‘‘(3) The identity and category of value of any

19 interest in property held during the preceding cal20 endar year in a trade or business, or for investment

21 or the production of income, which has a fair market

22 value which exceeds $5,000 as of the close of the pre23 ceding calendar year, excluding any personal liability

24 owed to the reporting individual by a spouse, or by

25 a parent, brother, sister, or child of the reporting in-
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•S 2845 EAH

1 dividual or of the reporting individual’s spouse, or

2 any deposit accounts aggregating $100,000 or less in

3 a financial institution, or any Federal Government

4 securities aggregating $100,000 or less.

5 ‘‘(4) The identity and category of value of the

6 total liabilities owed to any creditor other than a

7 spouse, or a parent, brother, sister, or child of the re8 porting individual or of the reporting individual’s

9 spouse which exceed $20,000 at any time during the

10 preceding calendar year, excluding—

11 ‘‘(A) any mortgage secured by real property

12 which is a personal residence of the reporting in13 dividual or his spouse; and

14 ‘‘(B) any loan secured by a personal motor

15 vehicle, household furniture, or appliances, which

16 loan does not exceed the purchase price of the

17 item which secures it.

18 With respect to revolving charge accounts, only those

19 with an outstanding liability which exceeds $20,000

20 as of the close of the preceding calendar year need be

21 reported under this paragraph.

22 ‘‘(5) Except as provided in this paragraph, a

23 brief description of any real property, other than

24 property used solely as a personal residence of the re25 porting individual or his spouse, and stocks, bonds,
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•S 2845 EAH

1 commodities futures, and other forms of securities,

2 if—

3 ‘‘(A) purchased, sold, or exchanged during

4 the preceding calendar year;

5 ‘‘(B) the value of the transaction exceeded

6 $5,000; and

7 ‘‘(C) the property or security is not already

8 required to be reported as a source of income

9 pursuant to paragraph (1)(B) or as an asset

10 pursuant to paragraph (3).

11 Reporting is not required under this paragraph of

12 any transaction solely by and between the reporting

13 individual, his spouse, or dependent children.

14 ‘‘(6)(A) The identity of all positions held on or

15 before the date of filing during the current calendar

16 year (and, for the first report filed by an individual,

17 during the 1-year period preceding such calendar

18 year) as an officer, director, trustee, partner, propri19 etor, representative, employee, or consultant of any

20 corporation, company, firm, partnership, or other

21 business enterprise, any nonprofit organization, any

22 labor organization, or any educational or other insti23 tution other than the United States Government. This

24 subparagraph shall not require the reporting of posi25 tions held in any religious, social, fraternal, or polit-
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•S 2845 EAH

1 ical entity and positions solely of an honorary na2 ture.

3 ‘‘(B) If any person, other than a person reported

4 as a source of income under paragraph (1)(A) or the

5 United States Government, paid a nonelected report6 ing individual compensation in excess of $25,000 in

7 the calendar year in which, or the calendar year

8 prior to the calendar year in which, the individual

9 files his first report under this title, the individual

10 shall include in the report—

11 ‘‘(i) the identity of each source of such com12 pensation; and

13 ‘‘(ii) a brief description of the nature of the

14 duties performed or services rendered by the re15 porting individual for each such source.

16 ‘‘(C) Subparagraph (B) shall not require any in17 dividual to include in such report any information—

18 ‘‘(i) with respect to a person for whom serv19 ices were provided by any firm or association of

20 which such individual was a member, partner,

21 or employee, unless the individual was directly

22 involved in the provision of such services;

23 ‘‘(ii) that is protected by a court order or

24 is under seal; or
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1 ‘‘(iii) that is considered confidential as a

2 result of—

3 ‘‘(I) a privileged relationship estab4 lished by a confidentiality agreement en5 tered into at the time the person retained

6 the services of the individual;

7 ‘‘(II) a grand jury proceeding or a

8 nonpublic investigation, if there are no pub9 lic filings, statements, appearances, or re10 ports that identify the person for whom

11 such individual is providing services; or

12 ‘‘(III) an applicable rule of profes13 sional conduct that prohibits disclosure of

14 the information and that can be enforced by

15 a professional licensing body.

16 ‘‘(7) A description of parties to and terms of any

17 agreement or arrangement with respect to (A) future

18 employment; (B) a leave of absence during the period

19 of the reporting individual’s Government service; (C)

20 continuation of payments by a former employer other

21 than the United States Government; and (D) con22 tinuing participation in an employee welfare or ben23 efit plan maintained by a former employer. The de24 scription of any formal agreement for future employ25 ment shall include the date of that agreement.
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1 ‘‘(8) The category of the total cash value of any

2 interest of the reporting individual in a qualified

3 blind trust.

4 ‘‘(b)(1) Each report filed pursuant to subsections (a)

5 and (b) of section 301 shall include a full and complete

6 statement with respect to the information required by—

7 ‘‘(A) paragraphs (1) and (6) of subsection (a) for

8 the year of filing and the preceding calendar year,

9 ‘‘(B) paragraphs (3) and (4) of subsection (a) as

10 of the date specified in the report but which is less

11 than 31 days before the filing date, and

12 ‘‘(C) paragraph (7) of subsection (a) as of the fil13 ing date but for periods described in such paragraph.

14 ‘‘(2)(A) In lieu of filling out 1 or more schedules of

15 a financial disclosure form, an individual may supply the

16 required information in an alternative format, pursuant to

17 either rules adopted by the Office of Government Ethics or

18 pursuant to a specific written determination by the Direc19 tor of the Office of Government Ethics for a reporting indi20 vidual.

21 ‘‘(B) In lieu of indicating the category of amount or

22 value of any item contained in any report filed under this

23 title, a reporting individual may indicate the exact dollar

24 amount of such item.
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1 ‘‘(c) In the case of any individual described in section

2 301(e), any reference to the preceding calendar year shall

3 be considered also to include that part of the calendar year

4 of filing up to the date of the termination of employment.

5 ‘‘(d)(1) The categories for reporting the amount or

6 value of the items covered in subsection (a)(3) are—

7 ‘‘(A) greater than $5,000 but not more than

8 $15,000;

9 ‘‘(B) greater than $15,000 but not more than

10 $25,000;

11 ‘‘(C) greater than $25,000 but not more than

12 $100,000;

13 ‘‘(D) greater than $100,000 but not more than

14 $1,000,000;

15 ‘‘(E) greater than $1,000,000 but not more than

16 $2,500,000; and

17 ‘‘(F) greater than $2,500,000.

18 ‘‘(2) For the purposes of subsection (a)(3) if the current

19 value of an interest in real property (or an interest in a

20 real estate partnership) is not ascertainable without an ap21 praisal, an individual may list (A) the date of purchase

22 and the purchase price of the interest in the real property,

23 or (B) the assessed value of the real property for tax pur24 poses, adjusted to reflect the market value of the property

25 used for the assessment if the assessed value is computed
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•S 2845 EAH

1 at less than 100 percent of such market value, but such indi2 vidual shall include in his report a full and complete de3 scription of the method used to determine such assessed

4 value, instead of specifying a category of value pursuant

5 to paragraph (1). If the current value of any other item

6 required to be reported under subsection (a)(3) is not ascer7 tainable without an appraisal, such individual may list the

8 book value of a corporation whose stock is not publicly trad9 ed, the net worth of a business partnership, the equity value

10 of an individually owned business, or with respect to other

11 holdings, any recognized indication of value, but such indi12 vidual shall include in his report a full and complete de13 scription of the method used in determining such value. In

14 lieu of any value referred to in the preceding sentence, an

15 individual may list the assessed value of the item for tax

16 purposes, adjusted to reflect the market value of the item

17 used for the assessment if the assessed value is computed

18 at less than 100 percent of such market value, but a full

19 and complete description of the method used in determining

20 such assessed value shall be included in the report.

21 ‘‘(3) The categories for reporting the amount or value

22 of the items covered in paragraphs (4) and (8) of subsection

23 (a) are—

24 ‘‘(A) greater than $20,000 but not more than

25 $100,000;
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1 ‘‘(B) greater than $100,000 but not more than

2 $500,000;

3 ‘‘(C) greater than $500,000 but not more than

4 $1,000,000; and

5 ‘‘(D) greater than $1,000,000.

6 ‘‘(e)(1) Except as provided in subparagraph (F), each

7 report required by section 301 shall also contain informa8 tion listed in paragraphs (1) through (5) of subsection (a)

9 respecting the spouse or dependent child of the reporting

10 individual as follows:

11 ‘‘(A) The sources of earned income earned by a

12 spouse, including honoraria, which exceed $500, ex13 cept that, with respect to earned income, if the spouse

14 is self-employed in business or a profession, only the

15 nature of such business or profession need be reported.

16 ‘‘(B) All information required to be reported in

17 subsection (a)(1)(B) with respect to investment in18 come derived by a spouse or dependent child.

19 ‘‘(C) In the case of any gifts received by a spouse

20 or dependent child which are not received totally

21 independent of the relationship of the spouse or de22 pendent child to the reporting individual, the identity

23 of the source and a brief description of gifts of trans24 portation, lodging, food, or entertainment and a brief

25 description and the value of other gifts.
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1 ‘‘(D) In the case of any reimbursements received

2 by a spouse or dependent child which are not received

3 totally independent of the relationship of the spouse

4 or dependent child to the reporting individual, the

5 identity of the source and a brief description of each

6 such reimbursement.

7 ‘‘(E) In the case of items described in para8 graphs (3) through (5) of subsection (a), all informa9 tion required to be reported under these paragraphs

10 other than items which the reporting individual cer11 tifies (i) represent the spouse’s or dependent child’s

12 sole financial interest or responsibility and which the

13 reporting individual has no knowledge of, (ii) are not

14 in any way, past or present, derived from the income,

15 assets, or activities of the reporting individual, and

16 (iii) are ones from which he neither derives, nor ex17 pects to derive, any financial or economic benefit.

18 ‘‘(F) Reports required by subsections (a), (b),

19 and (c) of section 301 shall, with respect to the spouse

20 and dependent child of the reporting individual, only

21 contain information listed in paragraphs (1), (3),

22 and (4) of subsection (a).

23 ‘‘(2) No report shall be required with respect to a

24 spouse living separate and apart from the reporting indi25 vidual with the intention of terminating the marriage or
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•S 2845 EAH

1 providing for permanent separation, or with respect to any

2 income or obligations of an individual arising from the dis3 solution of his marriage or the permanent separation from

4 his spouse.

5 ‘‘(f)(1) Except as provided in paragraph (2), each re6 porting individual shall report the information required to

7 be reported pursuant to subsections (a), (b), and (c) with

8 respect to the holdings of and the income from a trust or

9 other financial arrangement from which income is received

10 by, or with respect to which a beneficial interest in prin11 cipal or income is held by, such individual, his spouse, or

12 any dependent child.

13 ‘‘(2) A reporting individual need not report the hold14 ings of or the source of income from any of the holdings

15 of—

16 ‘‘(A) any qualified blind trust (as defined in

17 paragraph (3));

18 ‘‘(B) a trust—

19 ‘‘(i) which was not created directly by such

20 individual, his spouse, or any dependent child,

21 and

22 ‘‘(ii) the holdings or sources of income of

23 which such individual, his spouse, and any de24 pendent child have no knowledge; or
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1 ‘‘(C) an entity described under the provisions of

2 paragraph (8), but such individual shall report the

3 category of the amount of income received by him, his

4 spouse, or any dependent child from the trust or other

5 entity under subsection (a)(1)(B).

6 ‘‘(3) For purposes of this subsection, the term ‘qualified

7 blind trust’ includes any trust in which a reporting indi8 vidual, his spouse, or any minor or dependent child has

9 a beneficial interest in the principal or income, and which

10 meets the following requirements:

11 ‘‘(A)(i) The trustee of the trust and any other en12 tity designated in the trust instrument to perform fi13 duciary duties is a financial institution, an attorney,

14 a certified public accountant, a broker, or an invest15 ment advisor who—

16 ‘‘(I) is independent of and not affiliated

17 with any interested party so that the trustee or

18 other person cannot be controlled or influenced

19 in the administration of the trust by any inter20 ested party;

21 ‘‘(II) is not and has not been an employee

22 of or affiliated with any interested party and is

23 not a partner of, or involved in any joint ven24 ture or other investment with, any interested

25 party; and
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1 ‘‘(III) is not a relative of any interested

2 party.

3 ‘‘(ii) Any officer or employee of a trustee or other

4 entity who is involved in the management or control

5 of the trust—

6 ‘‘(I) is independent of and not affiliated

7 with any interested party so that such officer or

8 employee cannot be controlled or influenced in

9 the administration of the trust by any interested

10 party;

11 ‘‘(II) is not a partner of, or involved in any

12 joint venture or other investment with, any in13 terested party; and

14 ‘‘(III) is not a relative of any interested

15 party.

16 ‘‘(B) Any asset transferred to the trust by an in17 terested party is free of any restriction with respect

18 to its transfer or sale unless such restriction is ex19 pressly approved by the Office of Government Ethics.

20 ‘‘(C) The trust instrument which establishes the

21 trust provides that—

22 ‘‘(i) except to the extent provided in sub23 paragraph (B), the trustee in the exercise of his

24 authority and discretion to manage and control
568

•S 2845 EAH

1 the assets of the trust shall not consult or notify

2 any interested party;

3 ‘‘(ii) the trust shall not contain any asset

4 the holding of which by an interested party is

5 prohibited by any law or regulation;

6 ‘‘(iii) the trustee shall promptly notify the

7 reporting individual and the Office of Govern8 ment Ethics when the holdings of any particular

9 asset transferred to the trust by any interested

10 party are disposed of or when the value of such

11 holding is less than $1,000;

12 ‘‘(iv) the trust tax return shall be prepared

13 by the trustee or his designee, and such return

14 and any information relating thereto (other than

15 the trust income summarized in appropriate cat16 egories necessary to complete an interested par17 ty’s tax return), shall not be disclosed to any in18 terested party;

19 ‘‘(v) an interested party shall not receive

20 any report on the holdings and sources of income

21 of the trust, except a report at the end of each

22 calendar quarter with respect to the total cash

23 value of the interest of the interested party in the

24 trust or the net income or loss of the trust or any

25 reports necessary to enable the interested party
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1 to complete an individual tax return required by

2 law or to provide the information required by

3 subsection (a)(1) of this section, but such report

4 shall not identify any asset or holding;

5 ‘‘(vi) except for communications which sole6 ly consist of requests for distributions of cash or

7 other unspecified assets of the trust, there shall be

8 no direct or indirect communication between the

9 trustee and an interested party with respect to

10 the trust unless such communication is in writ11 ing and unless it relates only (I) to the general

12 financial interest and needs of the interested

13 party (including, but not limited to, an interest

14 in maximizing income or long-term capital

15 gain), (II) to the notification of the trustee of a

16 law or regulation subsequently applicable to the

17 reporting individual which prohibits the inter18 ested party from holding an asset, which notifi19 cation directs that the asset not be held by the

20 trust, or (III) to directions to the trustee to sell

21 all of an asset initially placed in the trust by an

22 interested party which in the determination of

23 the reporting individual creates a conflict of in24 terest or the appearance thereof due to the subse25 quent assumption of duties by the reporting in-
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•S 2845 EAH

1 dividual (but nothing herein shall require any

2 such direction); and

3 ‘‘(vii) the interested parties shall make no

4 effort to obtain information with respect to the

5 holdings of the trust, including obtaining a copy

6 of any trust tax return filed or any information

7 relating thereto except as otherwise provided in

8 this subsection.

9 ‘‘(D) The proposed trust instrument and the pro10 posed trustee is approved by the Office of Government

11 Ethics.

12 ‘‘(E) For purposes of this subsection, ‘interested

13 party’ means a reporting individual, his spouse, and

14 any minor or dependent child; ‘broker’ has the mean15 ing set forth in section 3(a)(4) of the Securities and

16 Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and ‘in17 vestment adviser’ includes any investment adviser

18 who, as determined under regulations prescribed by

19 the supervising ethics office, is generally involved in

20 his role as such an adviser in the management or con21 trol of trusts.

22 ‘‘(4)(A) An asset placed in a trust by an interested

23 party shall be considered a financial interest of the report24 ing individual, for the purposes of any applicable conflict

25 of interest statutes, regulations, or rules of the Federal Gov-
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1 ernment (including section 208 of title 18, United States

2 Code), until such time as the reporting individual is noti3 fied by the trustee that such asset has been disposed of, or

4 has a value of less than $1,000.

5 ‘‘(B)(i) The provisions of subparagraph (A) shall not

6 apply with respect to a trust created for the benefit of a

7 reporting individual, or the spouse, dependent child, or

8 minor child of such a person, if the Office of Government

9 Ethics finds that—

10 ‘‘(I) the assets placed in the trust consist of a

11 widely-diversified portfolio of readily marketable secu12 rities;

13 ‘‘(II) none of the assets consist of securities of en14 tities having substantial activities in the area of the

15 reporting individual’s primary area of responsibility;

16 ‘‘(III) the trust instrument prohibits the trustee,

17 notwithstanding the provisions of paragraph (3)(C)

18 (iii) and (iv), from making public or informing any

19 interested party of the sale of any securities;

20 ‘‘(IV) the trustee is given power of attorney, not21 withstanding the provisions of paragraph (3)(C)(v),

22 to prepare on behalf of any interested party the per23 sonal income tax returns and similar returns which

24 may contain information relating to the trust; and
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1 ‘‘(V) except as otherwise provided in this para2 graph, the trust instrument provides (or in the case

3 of a trust which by its terms does not permit amend4 ment, the trustee, the reporting individual, and any

5 other interested party agree in writing) that the trust

6 shall be administered in accordance with the require7 ments of this subsection and the trustee of such trust

8 meets the requirements of paragraph (3)(A).

9 ‘‘(ii) In any instance covered by subparagraph (B) in

10 which the reporting individual is an individual whose nom11 ination is being considered by a congressional committee,

12 the reporting individual shall inform the congressional com13 mittee considering his nomination before or during the pe14 riod of such individual’s confirmation hearing of his inten15 tion to comply with this paragraph.

16 ‘‘(5)(A) The reporting individual shall, within 30 days

17 after a qualified blind trust is approved by the Office of

18 Government Ethics, file with such office a copy of—

19 ‘‘(i) the executed trust instrument of such trust

20 (other than those provisions which relate to the testa21 mentary disposition of the trust assets), and

22 ‘‘(ii) a list of the assets which were transferred

23 to such trust, including the category of value of each

24 asset as determined under subsection (d).
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1 This subparagraph shall not apply with respect to a trust

2 meeting the requirements for being considered a qualified

3 blind trust under paragraph (7).

4 ‘‘(B) The reporting individual shall, within 30 days

5 of transferring an asset (other than cash) to a previously

6 established qualified blind trust, notify the Office of Govern7 ment Ethics of the identity of each such asset and the cat8 egory of value of each asset as determined under subsection

9 (d).

10 ‘‘(C) Within 30 days of the dissolution of a qualified

11 blind trust, a reporting individual shall (i) notify the Office

12 of Government Ethics of such dissolution, and (ii) file with

13 such Office and his designated agency ethics official a copy

14 of a list of the assets of the trust at the time of such dissolu15 tion and the category of value under subsection (c) of each

16 such asset.

17 ‘‘(D) Documents filed under subparagraphs (A), (B),

18 and (C) and the lists provided by the trustee of assets placed

19 in the trust by an interested party which have been sold

20 shall be made available to the public in the same manner

21 as a report is made available under section 305 and the

22 provisions of that section shall apply with respect to such

23 documents and lists.

24 ‘‘(E) A copy of each written communication with re25 spect to the trust under paragraph (3)(C)(vi) shall be filed
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•S 2845 EAH

1 by the person initiating the communication with the Office

2 of Government Ethics within 5 days of the date of the com3 munication.

4 ‘‘(6)(A) A trustee of a qualified blind trust shall not

5 knowingly and willfully, or negligently, (i) disclose any in6 formation to an interested party with respect to such trust

7 that may not be disclosed under paragraph (3); (ii) acquire

8 any holding the ownership of which is prohibited by the

9 trust instrument; (iii) solicit advice from any interested

10 party with respect to such trust, which solicitation is pro11 hibited by paragraph (3) or the trust agreement; or (iv)

12 fail to file any document required by this subsection.

13 ‘‘(B) A reporting individual shall not knowingly and

14 willfully, or negligently, (i) solicit or receive any informa15 tion with respect to a qualified blind trust of which he is

16 an interested party that may not be disclosed under para17 graph (3)(C) or (ii) fail to file any document required by

18 this subsection.

19 ‘‘(C)(i) The Attorney General may bring a civil action

20 in any appropriate United States district court against

21 any individual who knowingly and willfully violates the

22 provisions of subparagraph (A) or (B). The court in which

23 such action is brought may assess against such individual

24 a civil penalty in any amount not to exceed $11,000.
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1 ‘‘(ii) The Attorney General may bring a civil action

2 in any appropriate United States district court against

3 any individual who negligently violates the provisions of

4 subparagraph (A) or (B). The court in which such action

5 is brought may assess against such individual a civil pen6 alty in any amount not to exceed $5,500.

7 ‘‘(7) Any trust may be considered to be a qualified

8 blind trust if—

9 ‘‘(A) the trust instrument is amended to comply

10 with the requirements of paragraph (3) or, in the case

11 of a trust instrument which does not by its terms per12 mit amendment, the trustee, the reporting individual,

13 and any other interested party agree in writing that

14 the trust shall be administered in accordance with the

15 requirements of this subsection and the trustee of such

16 trust meets the requirements of paragraph (3)(A); ex17 cept that in the case of any interested party who is

18 a dependent child, a parent or guardian of such child

19 may execute the agreement referred to in this sub20 paragraph;paragraph;

21 ‘‘(B) a copy of the trust instrument (except testa22 mentary provisions) and a copy of the agreement re23 ferred to in subparagraph (A), and a list of the assets

24 held by the trust at the time of approval by the Office

25 of Government Ethics, including the category of value
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•S 2845 EAH

1 of each asset as determined under subsection (d), are

2 filed with such office and made available to the public

3 as provided under paragraph (5)(D); and

4 ‘‘(C) the Director of the Office of Government

5 Ethics determines that approval of the trust arrange6 ment as a qualified blind trust is in the particular

7 case appropriate to assure compliance with applicable

8 laws and regulations.

9 ‘‘(8) A reporting individual shall not be required to

10 report the financial interests held by a widely held invest11 ment fund (whether such fund is a mutual fund, regulated

12 investment company, pension or deferred compensation

13 plan, or other investment fund), if—

14 ‘‘(A)(i) the fund is publicly traded; or

15 ‘‘(ii) the assets of the fund are widely diversified;

16 and

17 ‘‘(B) the reporting individual neither exercises

18 control over nor has the ability to exercise control

19 over the financial interests held by the fund.

20 ‘‘(9)(A) A reporting individual described in subsection

21 (a), (b), or (c) of section 301 shall not be required to report

22 the assets or sources of income of any publicly available

23 investment fund if—

24 ‘‘(i) the identity of such assets and sources of in25 come is not provided to investors;
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1 ‘‘(ii) the reporting individual neither exercises

2 control over nor has the ability to exercise control

3 over the fund; and

4 ‘‘(iii) the reporting individual—

5 ‘‘(I) does not otherwise have knowledge of

6 the individual assets of the fund and provides

7 written certification by the fund manager that

8 individual assets of the fund are not disclosed to

9 investors; or

10 ‘‘(II) has executed a written ethics agree11 ment that contains a commitment to divest the

12 interest in the investment fund no later than 90

13 days after the date of the agreement.

14 The reporting individual shall file the written certification

15 by the fund manager as an attachment to the report filed

16 pursuant to section 301.

17 ‘‘(B) The provisions of subparagraph (A) shall apply

18 to an individual described in subsection (d) or (e) of section

19 301 if—

20 ‘‘(i) the interest in the trust or investment fund

21 is acquired, during the period to be covered by the re22 port, involuntarily (such as through inheritance) or

23 as a legal incident of marriage; and

24 ‘‘(ii) for an individual described in subsection

25 (d), the individual executes a written ethics agreement
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1 containing a commitment to divest the interest no

2 later than 90 days after the date the report is due.

3 Failure to divest within the time specified or within an

4 extension period granted by the supervising ethics office for

5 good cause shown shall result in an immediate requirement

6 to report as specified in paragraph (1).

7 ‘‘(g) Political campaign funds, including campaign re8 ceipts and expenditures, need not be included in any report

9 filed pursuant to this title.

10 ‘‘(h) A report filed pursuant to subsection (a), (c), or

11 (d) of section 301 need not contain the information de12 scribed in subparagraphs (A), (B), and (C) of subsection

13 (a)(2) with respect to gifts and reimbursements received in

14 a period when the reporting individual was not an officer

15 or employee of the Federal Government.

16 ‘‘(i) A reporting individual shall not be required under

17 this title to report—

18 ‘‘(1) financial interests in or income derived

19 from—

20 ‘‘(A) any retirement system under title 5,

21 United States Code (including the Thrift Sav22 ings Plan under subchapter III of chapter 84 of

23 such title); or

24 ‘‘(B) any other retirement system main25 tained by the United States for officers or em-
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•S 2845 EAH

1 ployees of the United States, including the Presi2 dent, or for members of the uniformed services; or

3 ‘‘(2) benefits received under the Social Security

4 Act (42 U.S.C. 301 et seq.).

5 ‘‘SEC. 303. FILING OF REPORTS.

6 ‘‘(a) Except as otherwise provided in this section, the

7 reports required under this title shall be filed by the report8 ing individual with the designated agency ethics official at

9 the agency by which he is employed (or in the case of an

10 individual described in section 301(d), was employed) or

11 in which he will serve. The date any report is received (and

12 the date of receipt of any supplemental report) shall be

13 noted on such report by such official.

14 ‘‘(b) Reports required of members of the uniformed

15 services shall be filed with the Secretary concerned.

16 ‘‘(c) The Office of Government Ethics shall develop and

17 make available forms for reporting the information required

18 by this title.

19 ‘‘SEC. 304. FAILURE TO FILE OR FILING FALSE REPORTS.

20 ‘‘(a) The Attorney General may bring a civil action

21 in any appropriate United States district court against

22 any individual who knowingly and willfully falsifies or who

23 knowingly and willfully fails to file or report any informa24 tion that such individual is required to report pursuant to

25 section 302. The court in which such action is brought may
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1 assess against such individual a civil penalty in any

2 amount, not to exceed $11,000, order the individual to file

3 or report any information required by section 302, or both.

4 ‘‘(b) The head of each agency, each Secretary con5 cerned, or the Director of the Office of Government Ethics,

6 as the case may be, shall refer to the Attorney General the

7 name of any individual which such official has reasonable

8 cause to believe has willfully failed to file a report or has

9 willfully falsified or willfully failed to file information re10 quired to be reported.

11 ‘‘(c) The President, the Vice President, the Secretary

12 concerned, or the head of each agency may take any appro13 priate personnel or other action in accordance with appli14 cable law or regulation against any individual failing to

15 file a report or falsifying or failing to report information

16 required to be reported.

17 ‘‘(d)(1) Any individual who files a report required to

18 be filed under this title more than 30 days after the later

19 of—

20 ‘‘(A) the date such report is required to be filed

21 pursuant to the provisions of this title and the rules

22 and regulations promulgated thereunder; or

23 ‘‘(B) if a filing extension is granted to such indi24 vidual under section 301(g), the last day of the filing

25 extension period, shall, at the direction of and pursu-
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1 ant to regulations issued by the Office of Government

2 Ethics, pay a filing fee of $500. All such fees shall be

3 deposited in the miscellaneous receipts of the Treas4 ury. The authority under this paragraph to direct the

5 payment of a filing fee may be delegated by the Office

6 of Government Ethics to other agencies in the execu7 tive branch.

8 ‘‘(2) The Office of Government Ethics may waive the

9 filing fee under this subsection for good cause shown.

10 ‘‘SEC. 305. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.

11 ‘‘Any report filed with or transmitted to an agency

12 or the Office of Government Ethics pursuant to this title

13 shall be made available to the public (in the same manner

14 as described in section 105) and retained by such agency

15 or Office, as the case may be, for a period of 6 years after

16 receipt of the report. After such 6-year period the report

17 shall be destroyed unless needed in an ongoing investiga18 tion, except that in the case of an individual who filed the

19 report pursuant to section 301(b) and was not subsequently

20 confirmed by the Senate, such reports shall be destroyed 1

21 year after the individual is no longer under consideration

22 by the Senate, unless needed in an ongoing investigation.

23 ‘‘SEC. 306. REVIEW OF REPORTS.

24 ‘‘(a) Each designated agency ethics official or Sec25 retary concerned shall make provisions to ensure that each
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1 report filed with him under this title is reviewed within

2 60 days after the date of such filing, except that the Director

3 of the Office of Government Ethics shall review only those

4 reports required to be transmitted to him under this title

5 within 60 days after the date of transmittal.

6 ‘‘(b)(1) If after reviewing any report under subsection

7 (a), the Director of the Office of Government Ethics, the

8 Secretary concerned, or the designated agency ethics official,

9 as the case may be, is of the opinion that on the basis of

10 information contained in such report the individual sub11 mitting such report is in compliance with applicable laws

12 and regulations, he shall state such opinion on the report,

13 and shall sign such report.

14 ‘‘(2) If the Director of the Office of Government Ethics,

15 the Secretary concerned, or the designated agency ethics of16 ficial after reviewing any report under subsection (a)—

17 ‘‘(A) believes additional information is required

18 to be submitted to complete the report or to perform

19 a conflict of interest analysis, he shall notify the indi20 vidual submitting such report what additional infor21 mation is required and the time by which it must be

22 submitted, or

23 ‘‘(B) is of the opinion, on the basis of informa24 tion submitted, that the individual is not in compli25 ance with applicable laws and regulations, he shall
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1 notify the individual, afford a reasonable opportunity

2 for a written or oral response, and after consideration

3 of such response, reach an opinion as to whether or

4 not, on the basis of information submitted, the indi5 vidual is in compliance with such laws and regula6 tions.

7 ‘‘(3) If the Director of the Office of Government Ethics,

8 the Secretary concerned, or the designated agency ethics of9 ficial reaches an opinion under paragraph (2)(B) that an

10 individual is not in compliance with applicable laws and

11 regulations, the official shall notify the individual of that

12 opinion and, after an opportunity for personal consultation

13 (if practicable), determine and notify the individual of

14 which steps, if any, would in the opinion of such official

15 be appropriate for assuring compliance with such laws and

16 regulations and the date by which such steps should be

17 taken. Such steps may include, as appropriate—

18 ‘‘(A) divestiture,

19 ‘‘(B) restitution,

20 ‘‘(C) the establishment of a blind trust,

21 ‘‘(D) request for an exemption under section

22 208(b) of title 18, United States Code, or

23 ‘‘(E) voluntary request for transfer, reassign24 ment, limitation of duties, or resignation.
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1 The use of any such steps shall be in accordance with such

2 rules or regulations as the Office of Government Ethics may

3 prescribe.

4 ‘‘(4) If steps for assuring compliance with applicable

5 laws and regulations are not taken by the date set under

6 paragraph (3) by an individual in a position in the execu7 tive branch, appointment to which requires the advice and

8 consent of the Senate, the matter shall be referred to the

9 President for appropriate action.

10 ‘‘(5) If steps for assuring compliance with applicable

11 laws and regulations are not taken by the date set under

12 paragraph (3) by a member of the Foreign Service or the

13 uniformed services, the Secretary concerned shall take ap14 propriate action.

15 ‘‘(6) If steps for assuring compliance with applicable

16 laws and regulations are not taken by the date set under

17 paragraph (3) by any other officer or employee, the matter

18 shall be referred to the head of the appropriate agency for

19 appropriate action.

20 ‘‘(7) The Office of Government Ethics may render ad21 visory opinions interpreting this title. Notwithstanding any

22 other provision of law, the individual to whom a public

23 advisory opinion is rendered in accordance with this para24 graph, and any other individual covered by this title who

25 is involved in a fact situation which is indistinguishable
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1 in all material aspects, and who acts in good faith in ac2 cordance with the provisions and findings of such advisory

3 opinion shall not, as a result of such act, be subject to any

4 penalty or sanction provided by this title.

5 ‘‘SEC. 307. CONFIDENTIAL REPORTS AND OTHER ADDI6 TIONAL REQUIREMENTS.

7 ‘‘(a)(1) The Office of Government Ethics may require

8 officers and employees of the executive branch (including

9 special Government employees as defined in section 202 of

10 title 18, United States Code) to file confidential financial

11 disclosure reports, in such form as it may prescribe. The

12 information required to be reported under this subsection

13 by the officers and employees of any department or agency

14 listed in section 301(e) shall be set forth in rules or regula15 tions prescribed by the Office of Government Ethics, and

16 may be less extensive than otherwise required by this title,

17 or more extensive when determined by the Office of Govern18 ment Ethics to be necessary and appropriate in light of sec19 tions 202 through 209 of title 18, United States Code, regu20 lations promulgated thereunder, or the authorized activities

21 of such officers or employees. Any individual required to

22 file a report pursuant to section 301 shall not be required

23 to file a confidential report pursuant to this subsection, ex24 cept with respect to information which is more extensive
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1 than information otherwise required by this title. Section

2 305 shall not apply with respect to any such report.

3 ‘‘(2) Any information required to be provided by an

4 individual under this subsection shall be confidential and

5 shall not be disclosed to the public.

6 ‘‘(3) Nothing in this subsection exempts any indi7 vidual otherwise covered by the requirement to file a public

8 financial disclosure report under this title from such re9 quirement.

10 ‘‘(b) The provisions of this title requiring the reporting

11 of information shall supersede any general requirement

12 under any other provision of law or regulation with respect

13 to the reporting of information required for purposes of pre14 venting conflicts of interest or apparent conflicts of interest.

15 Such provisions of this title shall not supersede the require16 ments of section 7342 of title 5, United States Code.

17 ‘‘(c) Nothing in this Act requiring reporting of infor18 mation shall be deemed to authorize the receipt of income,

19 gifts, or reimbursements; the holding of assets, liabilities,

20 or positions; or the participation in transactions that are

21 prohibited by law, Executive order, rule, or regulation.

22 ‘‘SEC. 308. AUTHORITY OF COMPTROLLER GENERAL.

23 ‘‘The Comptroller General shall have access to finan24 cial disclosure reports filed under this title for the purposes

25 of carrying out his statutory responsibilities.
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1 ‘‘SEC. 309. DEFINITIONS.

2 ‘‘For the purposes of this title—

3 ‘‘(1) the term ‘dependent child’ means, when used

4 with respect to any reporting individual, any indi5 vidual who is a son, daughter, stepson, or step6 daughter and who—

7 ‘‘(A) is unmarried and under age 21 and is

8 living in the household of such reporting indi9 vidual; or

10 ‘‘(B) is a dependent of such reporting indi11 vidual within the meaning of section 152 of the

12 Internal Revenue Code of 1986 (26 U.S.C. 152);

13 ‘‘(2) the term ‘designated agency ethics official’

14 means an officer or employee who is designated to ad15 minister the provisions of this title within an agency;

16 ‘‘(3) the term ‘executive branch’ includes—

17 ‘‘(A) each Executive agency (as defined in

18 section 105 of title 5, United States Code), other

19 than the General Accounting Office; and

20 ‘‘(B) any other entity or administrative

21 unit in the executive branch;

22 ‘‘(4) the term ‘gift’ means a payment, advance,

23 forbearance, rendering, or deposit of money, or any

24 thing of value, unless consideration of equal or greater

25 value is received by the donor, but does not include—
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1 ‘‘(A) bequests and other forms of inherit2 ance;

3 ‘‘(B) suitable mementos of a function hon4 oring the reporting individual;

5 ‘‘(C) food, lodging, transportation, and en6 tertainment provided by a foreign government

7 within a foreign country or by the United States

8 Government, the District of Columbia, or a State

9 or local government or political subdivision

10 thereof;

11 ‘‘(D) food and beverages which are not con12 sumed in connection with a gift of overnight

13 lodging;

14 ‘‘(E) communications to the offices of a re15 porting individual, including subscriptions to

16 newspapers and periodicals; or

17 ‘‘(F) items that are accepted pursuant to or

18 are required to be reported by the reporting indi19 vidual under section 7342 of title 5, United

20 States Code.

21 ‘‘(5) the term ‘honorarium’ means a payment of

22 money or anything of value for an appearance,

23 speech, or article;

24 ‘‘(6) the term ‘income’ means all income from

25 whatever source derived, including but not limited to
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1 the following items: compensation for services, includ2 ing fees, commissions, and similar items; gross in3 come derived from business (and net income if the in4 dividual elects to include it); gains derived from deal5 ings in property; interest; rents; royalties; prizes and

6 awards; dividends; annuities; income from life insur7 ance and endowment contracts; pensions; income from

8 discharge of indebtedness; distributive share of part9 nership income; and income from an interest in an

10 estate or trust;

11 ‘‘(7) the term ‘personal hospitality of any indi12 vidual’ means hospitality extended for a nonbusiness

13 purpose by an individual, not a corporation or orga14 nization, at the personal residence of that individual

15 or his family or on property or facilities owned by

16 that individual or his family;

17 ‘‘(8) the term ‘reimbursement’ means any pay18 ment or other thing of value received by the reporting

19 individual, other than gifts, to cover travel-related ex20 penses of such individual other than those which

21 are—

22 ‘‘(A) provided by the United States Govern23 ment, the District of Columbia, or a State or

24 local government or political subdivision thereof;
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1 ‘‘(B) required to be reported by the report2 ing individual under section 7342 of title 5,

3 United States Code; or

4 ‘‘(C) required to be reported under section

5 304 of the Federal Election Campaign Act of

6 1971 (2 U.S.C. 434);

7 ‘‘(9) the term ‘relative’ means an individual who

8 is related to the reporting individual, as father, moth9 er, son, daughter, brother, sister, uncle, aunt, great

10 aunt, great uncle, first cousin, nephew, niece, hus11 band, wife, grandfather, grandmother, grandson,

12 granddaughter, father-in-law, mother-in-law, son-in13 law, daughter-in-law, brother-in-law, sister-in-law,

14 stepfather, stepmother, stepson, stepdaughter, step15 brother, stepsister, half brother, half sister, or who is

16 the grandfather or grandmother of the spouse of the

17 reporting individual, and shall be deemed to include

18 the fiance ́ or fiance ́e of the reporting individual;

19 ‘‘(10) the term ‘Secretary concerned’ has the

20 meaning set forth in section 101(a)(9) of title 10,

21 United States Code; and

22 ‘‘(11) the term ‘value’ means a good faith esti23 mate of the dollar value if the exact value is neither

24 known nor easily obtainable by the reporting indi25 vidual.
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1 ‘‘SEC. 310. NOTICE OF ACTIONS TAKEN TO COMPLY WITH

2 ETHICS AGREEMENTS.

3 ‘‘(a) In any case in which an individual agrees with

4 that individual’s designated agency ethics official, the Office

5 of Government Ethics, or a Senate confirmation committee,

6 to take any action to comply with this Act or any other

7 law or regulation governing conflicts of interest of, or estab8 lishing standards of conduct applicable with respect to, offi9 cers or employees of the Government, that individual shall

10 notify in writing the designated agency ethics official, the

11 Office of Government Ethics, or the appropriate committee

12 of the Senate, as the case may be, of any action taken by

13 the individual pursuant to that agreement. Such notifica14 tion shall be made not later than the date specified in the

15 agreement by which action by the individual must be taken,

16 or not later than 3 months after the date of the agreement,

17 if no date for action is so specified. If all actions agreed

18 to have not been completed by the date of this notification,

19 such notification shall continue on a monthly basis there20 after until the individual has met the terms of the agree21 ment.

22 ‘‘(b) If an agreement described in subsection (a) re23 quires that the individual recuse himself or herself from

24 particular categories of agency or other official action, the

25 individual shall reduce to writing those subjects regarding

26 which the recusal agreement will apply and the process by
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1 which it will be determined whether the individual must

2 recuse himself or herself in a specific instance. An indi3 vidual shall be considered to have complied with the re4 quirements of subsection (a) with respect to such recusal

5 agreement if such individual files a copy of the document

6 setting forth the information described in the preceding sen7 tence with such individual’s designated agency ethics offi8 cial or the Office of Government Ethics not later than the

9 date specified in the agreement by which action by the indi10 vidual must be taken, or not later than 3 months after the

11 date of the agreement, if no date for action is so specified.

12 ‘‘SEC. 311. ADMINISTRATION OF PROVISIONS.

13 ‘‘The Office of Government Ethics shall issue regula14 tions, develop forms, and provide such guidance as is nec15 essary to implement and interpret this title.’’.

16 (b) EXEMPTION FROM PUBLIC ACCESS TO FINANCIAL

17 DISCLOSURES.—Section 105(a)(1) of such Act is amended

18 by inserting ‘‘the Office of the National Intelligence Direc19 tor,’’ before ‘‘the Central Intelligence Agency’’.

20 (c) CONFORMING AMENDMENT.—Section 101(f) of such

21 Act is amended—

22 (1) in paragraph (12), by striking the period at

23 the end and inserting a semicolon; and

24 (2) by adding at the end the following:
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1 ‘‘but do not include any officer or employee of any depart2 ment or agency listed in section 301(e).’’.

3 SEC. 5044. REDUCTION OF POSITIONS REQUIRING APPOINT4 MENT WITH SENATE CONFIRMATION.

5 (a) DEFINITION.—In this section, the term ‘‘agency’’

6 means an Executive agency, as defined under section 105

7 of title 5, United States Code.

8 (b) REDUCTION PLAN.—

9 (1) IN GENERAL.—Not later than 180 days after

10 the date of enactment of this Act, the head of each

11 agency shall submit a Presidential appointment re12 duction plan to—

13 (A) the President;

14 (B) the Committee on Governmental Affairs

15 of the Senate; and

16 (C) the Committee on Government Reform

17 of the House of Representatives.

18 (2) CONTENT.—The plan under this subsection

19 shall provide for the reduction of—

20 (A) the number of positions within that

21 agency that require an appointment by the

22 President, by and with the advice and consent of

23 the Senate; and

24 (B) the number of levels of such positions

25 within that agency.
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1 SEC. 5045. EFFECTIVE DATES.

2 (a) SECTION 5043.—

3 (1) IN GENERAL.—Subject to paragraph (2), the

4 amendments made by section 5043 shall take effect on

5 January 1 of the year following the year in which oc6 curs the date of enactment of this Act.

7 (2) LATER DATE.—If this Act is enacted on or

8 after July 1 of a year, the amendments made by sec9 tion 301 shall take effect on July 1 of the following

10 year.

11 (b) SECTION 5044.—Section 5044 shall take effect on

12 the date of enactment of this Act.

13 CHAPTER 2—FEDERAL BUREAU OF

14 INVESTIGATION REVITALIZATION

15 SEC. 5051. MANDATORY SEPARATION AGE.

16 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

17 8335(b) of title 5, United States Code, is amended—

18 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and

19 (2) by adding at the end the following:

20 ‘‘(2) In the case of employees of the Federal Bureau

21 of Investigation, the second sentence of paragraph (1) shall

22 be applied by substituting ‘65 years of age’ for ‘60 years

23 of age’. The authority to grant exemptions in accordance

24 with the preceding sentence shall cease to be available after

25 December 31, 2009.’’.
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1 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

2 Section 8425(b) of title 5, United States Code, is

3 amended—

4 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and

5 (2) by adding at the end the following:

6 ‘‘(2) In the case of employees of the Federal Bureau

7 of Investigation, the second sentence of paragraph (1) shall

8 be applied by substituting ‘65 years of age’ for ‘60 years

9 of age’. The authority to grant exemptions in accordance

10 with the preceding sentence shall cease to be available after

11 December 31, 2009.’’.

12 SEC. 5052. RETENTION AND RELOCATION BONUSES.

13 (a) IN GENERAL.—Subchapter IV of chapter 57 of title

14 5, United States Code, is amended by adding at the end

15 the following:

16 ‘‘§ 5759. Retention and relocation bonuses for the Fed17 eral Bureau of Investigation

18 ‘‘(a) AUTHORITY.—The Director of the Federal Bureau

19 of Investigation, after consultation with the Director of the

20 Office of Personnel Management, may pay, on a case-by21 case basis, a bonus under this section to an employee of

22 the Bureau if—

23 ‘‘(1)(A) the unusually high or unique qualifica24 tions of the employee or a special need of the Bureau
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1 for the employee’s services makes it essential to retain

2 the employee; and

3 ‘‘(B) the Director of the Federal Bureau of Inves4 tigation determines that, in the absence of such a

5 bonus, the employee would be likely to leave—

6 ‘‘(i) the Federal service; or

7 ‘‘(ii) for a different position in the Federal

8 service; or

9 ‘‘(2) the individual is transferred to a different

10 geographic area with a higher cost of living (as deter11 mined by the Director of the Federal Bureau of Inves12 tigation).

13 ‘‘(b) SERVICE AGREEMENT.—Payment of a bonus

14 under this section is contingent upon the employee entering

15 into a written service agreement with the Bureau to com16 plete a period of service, not to exceed 4 years, with the

17 Bureau. Such agreement shall include—

18 ‘‘(1) the period of service the individual shall be

19 required to complete in return for the bonus; and

20 ‘‘(2) the conditions under which the agreement

21 may be terminated before the agreed-upon service pe22 riod has been completed, and the effect of the termi23 nation.

24 ‘‘(c) LIMITATIONS ON AUTHORITY.—A bonus paid

25 under this section—
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1 ‘‘(1) shall not exceed 50 percent of the annual

2 rate of basic pay of the employee as of the beginning

3 of the period of service (established under subsection

4 (b)) multiplied by the number of years (including a

5 fractional part of a year) in the required period of

6 service of the employee involved, but shall in no event

7 exceed 100 percent of the annual rate of basic pay of

8 the employee as of the beginning of the service period;

9 and

10 ‘‘(2) may not be paid to an individual who is

11 appointed to or who holds a position—

12 ‘‘(A) to which an individual is appointed

13 by the President, by and with the advice and

14 consent of the Senate; or

15 ‘‘(B) in the Senior Executive Service as a

16 noncareer appointee (as defined in section

17 3132(a)).

18 ‘‘(d) IMPACT ON BASIC PAY.—A retention bonus is not

19 part of the basic pay of an employee for any purpose.

20 ‘‘(e) TERMINATION OF AUTHORITY.—The authority to

21 grant bonuses under this section shall cease to be available

22 after December 31, 2009.’’.

23 (b) CLERICAL AMENDMENT.—The analysis for chapter

24 57 of title 5, United States Code, is amended by adding

25 at the end the following:
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‘‘5759. Retention and relocation bonuses for the Federal Bureau of Investigation.’’.

1 SEC. 5053. FEDERAL BUREAU OF INVESTIGATION RESERVE

2 SERVICE.

3 (a) IN GENERAL.—Chapter 35 of title 5, United States

4 Code, is amended by adding at the end the following:

5 ‘‘SUBCHAPTER VII—RETENTION OF RETIRED

6 SPECIALIZED EMPLOYEES AT THE FEDERAL

7 BUREAU OF INVESTIGATION

8 ‘‘§ 3598. Federal Bureau of Investigation Reserve Serv9 ice

10 ‘‘(a) ESTABLISHMENT.—The Director of the Federal

11 Bureau of Investigation may provide for the establishment

12 and training of a Federal Bureau of Investigation Reserve

13 Service (hereinafter in this section referred to as the ‘FBI

14 Reserve Service’) for temporary reemployment of employees

15 in the Bureau during periods of emergency, as determined

16 by the Director.

17 ‘‘(b) MEMBERSHIP.—Membership in the FBI Reserve

18 Service shall be limited to individuals who previously

19 served as full-time employees of the Bureau.

20 ‘‘(c) ANNUITANTS.—If an individual receiving an an21 nuity from the Civil Service Retirement and Disability

22 Fund on the basis of such individual’s service becomes tem23 porarily reemployed pursuant to this section, such annuity

24 shall not be discontinued thereby. An individual so reem-
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1 ployed shall not be considered an employee for the purposes

2 of chapter 83 or 84.

3 ‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEILING.—

4 FBI Reserve Service members reemployed on a temporary

5 basis pursuant to this section shall not count against any

6 personnel ceiling applicable to the Bureau.

7 ‘‘(e) EXPENSES.—The Director may provide members

8 of the FBI Reserve Service transportation and per diem in

9 lieu of subsistence, in accordance with applicable provisions

10 of this title, for the purpose of participating in any training

11 that relates to service as a member of the FBI Reserve Serv12 ice.

13 ‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of

14 the FBI Reserve Service is not to exceed 500 members at

15 any given time.

16 ‘‘(g) LIMITATION ON DURATION OF SERVICE.—An in17 dividual may not be reemployed under this section for more

18 than 180 days in connection with any particular emergency

19 unless, in the judgment of the Director, the public interest

20 so requires.’’.

21 (b) CLERICAL AMENDMENT.—The analysis for chapter

22 35 of title 5, United States Code, is amended by adding

23 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.’’.
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1 SEC. 5054. CRITICAL POSITIONS IN THE FEDERAL BUREAU

2 OF INVESTIGATION INTELLIGENCE DIREC3 TORATE.

4 Section 5377(a)(2) of title 5, United States Code, is

5 amended—

6 (1) by striking ‘‘and’’ at the end of subpara7 graph (E);

8 (2) by striking the period at the end of subpara9 graph (F) and inserting ‘‘; and’’; and

10 (3) by inserting after subparagraph (F) the fol11 lowing:

12 ‘‘(G) a position at the Federal Bureau of

13 Investigation, the primary duties and respon14 sibilities of which relate to intelligence functions

15 (as determined by the Director of the Federal

16 Bureau of Investigation).’’.

17 CHAPTER 3—REPORTING REQUIREMENT

18 SEC. 5061. REPORTING REQUIREMENT.

19 The President shall, within 6 months after the date

20 of enactment of this Act, submit to Congress a report that—

21 (1) evaluates the hiring policies of the Federal

22 Government with respect to its foreign language needs

23 and the war on terrorism, including an analysis of

24 the personnel requirements at the Federal Bureau of

25 Investigation, the Central Intelligence Agency, the De26 partment of Homeland Security, the Department of
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1 State, the Department of Defense, and all other Fed2 eral agencies the President identifies as having re3 sponsibilities in the war on terrorism;

4 (2) describes with respect to each agency identi5 fied under paragraph (1) the Federal Government’s

6 current workforce capabilities with respect to its for7 eign language needs and the war on terrorism;

8 (3) summarizes for each agency identified under

9 paragraph (1) any shortfall in the Federal Govern10 ment’s workforce capabilities relative to its foreign

11 language needs with respect to the war on terrorism;

12 and

13 (4) provides a specific plan to eliminate any

14 shortfalls identified under paragraph (3) and a cost

15 estimate, by agency, for eliminating those shortfalls.

16 Subtitle F—Security Clearance

17 Modernization

18 SEC. 5071. DEFINITIONS.

19 In this subtitle:

20 (1) The term ‘‘Director’’ means the National In21 telligence Director.

22 (2) The term ‘‘agency’’ means—

23 (A) an executive agency, as defined in sec24 tion 105 of title 5, United States Code;
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1 (B) a military department, as defined in

2 section 102 of title 5, United States Code; and

3 (C) elements of the intelligence community,

4 as defined in section 3(4) of the National Secu5 rity Act of 1947 (50 U.S.C. 401a(4)).

6 (3) The term ‘‘authorized investigative agency’’

7 means an agency authorized by law, regulation or di8 rection of the Director to conduct a counterintel9 ligence investigation or investigation of persons who

10 are proposed for access to classified information to as11 certain whether such persons satisfy the criteria for

12 obtaining and retaining access to such information.

13 (4) The term ‘‘authorized adjudicative agency’’

14 means an agency authorized by law, regulation or di15 rection of the Director to determine eligibility for ac16 cess to classified information in accordance with Ex17 ecutive Order No. 12968.

18 (5) The term ‘‘highly sensitive program’’

19 means—

20 (A) a government program designated as a

21 Special Access Program (as defined by section

22 4.1(h) of Executive Order No. 12958); and

23 (B) a government program that applies re24 strictions required for—
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1 (i) Restricted Data (as defined by sec2 tion 11 y. of the Atomic Energy Act of 1954

3 (42 U.S.C. 2014(y)); or

4 (ii) other information commonly re5 ferred to as ‘‘Sensitive Compartmented In6 formation’’.

7 (6) The term ‘‘current investigation file’’ means,

8 with respect to a security clearance, a file on an in9 vestigation or adjudication that has been conducted

10 during—

11 (A) the 5-year period beginning on the date

12 the security clearance was granted, in the case of

13 a Top Secret Clearance, or the date access was

14 granted to a highly sensitive program;

15 (B) the 10-year period beginning on the

16 date the security clearance was granted in the

17 case of a Secret Clearance; and

18 (C) the 15-year period beginning on the

19 date the security clearance was granted in the

20 case of a Confidential Clearance.

21 (7) The term ‘‘personnel security investigation’’

22 means any investigation required for the purpose of

23 determining the eligibility of any military, civilian,

24 or government contractor personnel to access classified

25 information.
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1 (8) The term ‘‘periodic reinvestigations’’

2 means—

3 (A) investigations conducted for the purpose

4 of updating a previously completed background

5 investigation—

6 (i) every five years in the case of a Top

7 Secret Clearance or access to a highly sen8 sitive program;

9 (ii) every 10 years in the case of a Se10 cret Clearance; and

11 (iii) every 15 years in the case of a

12 Confidential Clearance;

13 (B) on-going investigations to identify per14 sonnel security risks as they develop, pursuant to

15 section 5075(c).

16 (9) The term ‘‘appropriate committees of Con17 gress’’ means—

18 (A) the Permanent Select Committee on In19 telligence and the Committees on Armed Serv20 ices, Judiciary, and Government Reform of the

21 House of Representatives; and

22 (B) the Select Committee on Intelligence

23 and the Committees on Armed Services, Judici24 ary, and Governmental Affairs of the Senate.
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1 SEC. 5072. SECURITY CLEARANCE AND INVESTIGATIVE PRO2 GRAMS OVERSIGHT AND ADMINISTRATION.

3 The Deputy National Intelligence Director for Commu4 nity Management and Resources shall have responsibility

5 for the following:

6 (1) Directing day-to-day oversight of investiga7 tions and adjudications for personnel security clear8 ances and highly sensitive programs throughout the

9 Federal Government.

10 (2) Developing and implementing uniform and

11 consistent policies and procedures to ensure the effec12 tive, efficient, and timely completion of security clear13 ances and determinations for access to highly sen14 sitive programs, including the standardization of se15 curity questionnaires, financial disclosure require16 ments for security clearance applicants, and poly17 graph policies and procedures.

18 (3) Serving as the final authority to designate

19 an authorized investigative agency or authorized ad20 judicative agency pursuant to section 5074(d).

21 (4) Ensuring reciprocal recognition of access to

22 classified information among agencies, including act23 ing as the final authority to arbitrate and resolve dis24 putes involving the reciprocity of security clearances

25 and access to highly sensitive programs.
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1 (5) Ensuring, to the maximum extent prac2 ticable, that sufficient resources are available in each

3 agency to achieve clearance and investigative pro4 gram goals.

5 (6) Reviewing and coordinating the development

6 of tools and techniques for enhancing the conduct of

7 investigations and granting of clearances.

8 SEC. 5073. RECIPROCITY OF SECURITY CLEARANCE AND AC9 CESS DETERMINATIONS.

10 (a) REQUIREMENT FOR RECIPROCITY.—(1) All secu11 rity clearance background investigations and determina12 tions completed by an authorized investigative agency or

13 authorized adjudicative agency shall be accepted by all

14 agencies.

15 (2) All security clearance background investigations

16 initiated by an authorized investigative agency shall be

17 transferable to any other authorized investigative agency.

18 (b) PROHIBITION ON ESTABLISHING ADDITIONAL.—

19 (1) An authorized investigative agency or authorized adju20 dicative agency may not establish additional investigative

21 or adjudicative requirements (other than requirements for

22 the conduct of a polygraph examination) that exceed re23 quirements specified in Executive orders establishing secu24 rity requirements for access to classified information.
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1 (2) Notwithstanding the paragraph (1), the Director

2 may establish additional requirements as needed for na3 tional security purposes.

4 (c) PROHIBITION ON DUPLICATIVE INVESTIGATIONS.—

5 An authorized investigative agency or authorized adjudica6 tive agency may not conduct an investigation for purposes

7 of determining whether to grant a security clearance to an

8 individual where a current investigation or clearance of

9 equal level already exists or has been granted by another

10 authorized adjudicative agency.

11 SEC. 5074. ESTABLISHMENT OF NATIONAL DATABASE.

12 (a) ESTABLISHMENT.—Not later than 12 months after

13 the date of the enactment of this Act, the Director of the

14 Office of Personnel Management, in cooperation with the

15 Director, shall establish, and begin operating and main16 taining, an integrated, secure, national database into which

17 appropriate data relevant to the granting, denial, or revoca18 tion of a security clearance or access pertaining to military,

19 civilian, or government contractor personnel shall be en20 tered from all authorized investigative and adjudicative

21 agencies.

22 (b) INTEGRATION.—The national database established

23 under subsection (a) shall function to integrate information

24 from existing Federal clearance tracking systems from other
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1 authorized investigative and adjudicative agencies into a

2 single consolidated database.

3 (c) REQUIREMENT TO CHECK DATABASE.—Each au4 thorized investigative or adjudicative agency shall check the

5 national database established under subsection (a) to deter6 mine whether an individual the agency has identified as

7 requiring a security clearance has already been granted or

8 denied a security clearance, or has had a security clearance

9 revoked, by any other authorized investigative or adjudica10 tive agency.

11 (d) CERTIFICATION OF AUTHORIZED INVESTIGATIVE

12 AGENCIES OR AUTHORIZED ADJUDICATIVE AGENCIES.—

13 The Director shall evaluate the extent to which an agency

14 is submitting information to, and requesting information

15 from, the national database established under subsection (a)

16 as part of a determination of whether to certify the agency

17 as an authorized investigative agency or authorized adju18 dicative agency.

19 (e) EXCLUSION OF CERTAIN INTELLIGENCE

20 OPERATIVES.—The Director may authorize an agency to

21 withhold information about certain individuals from the

22 database established under subsection (a) if the Director de23 termines it is necessary for national security purposes.
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1 (f) COMPLIANCE.—The Director shall establish a re2 view procedure by which agencies can seek review of actions

3 required under section 5073.

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated such sums as may be nec6 essary for fiscal year 2005 and each subsequent fiscal year

7 for the implementation, maintenance and operation of the

8 database established in subsection (a).

9 SEC. 5075. USE OF AVAILABLE TECHNOLOGY IN CLEARANCE

10 INVESTIGATIONS.

11 (a) INVESTIGATIONS.—Not later than 12 months after

12 the date of the enactment of this Act, each authorized inves13 tigative agency that conducts personnel security clearance

14 investigations shall use, to the maximum extent practicable,

15 available information technology and databases to expedite

16 investigative processes and to verify standard information

17 submitted as part of an application for a security clearance.

18 (b) INTERIM CLEARANCE.—If the application of an

19 applicant for an interim clearance has been processed using

20 the technology under subsection (a), the interim clearances

21 for the applicant at the secret, top secret, and special access

22 program levels may be granted before the completion of the

23 appropriate investigation. Any request to process an in24 terim clearance shall be given priority, and the authority

25 granting the interim clearance shall ensure that final adju-
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1 dication on the application is made within 90 days after

2 the initial clearance is granted.

3 (c) ON-GOING MONITORING OF INDIVIDUALS WITH SE4 CURITY CLEARANCES.—(1) Authorized investigative agen5 cies and authorized adjudicative agencies shall establish

6 procedures for the regular, ongoing verification of personnel

7 with security clearances in effect for continued access to

8 classified information. Such procedures shall include the

9 use of available technology to detect, on a regularly recur10 ring basis, any issues of concern that may arise involving

11 such personnel and such access.

12 (2) Such regularly recurring verification may be used

13 as a basis for terminating a security clearance or access

14 and shall be used in periodic reinvestigations to address

15 emerging threats and adverse events associated with indi16 viduals with security clearances in effect to the maximum

17 extent practicable.

18 (3) If the Director certifies that the national security

19 of the United States is not harmed by the discontinuation

20 of periodic reinvestigations, the regularly recurring

21 verification under this section may replace periodic reinves22 tigations.
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1 SEC. 5076. REDUCTION IN LENGTH OF PERSONNEL SECU2 RITY CLEARANCE PROCESS.

3 (a) 60-Day PERIOD FOR DETERMINATION ON CLEAR4 ANCES.—Each authorized adjudicative agency shall make

5 a determination on an application for a personnel security

6 clearance within 60 days after the date of receipt of the

7 completed application for a security clearance by an au8 thorized investigative agency. The 60-day period shall

9 include—

10 (1) a period of not longer than 40 days to com11 plete the investigative phase of the clearance review;

12 and

13 (2) a period of not longer than 20 days to com14 plete the adjudicative phase of the clearance review.

15 (b) EFFECTIVE DATE AND PHASE-IN.—

16 (1) EFFECTIVE DATE.—Subsection (a) shall take

17 effect 5 years after the date of the enactment of this

18 Act.

19 (2) PHASE-IN.—During the period beginning on

20 a date not later than 2 years after the date of the en21 actment of this Act and ending on the date on which

22 subsection (a) takes effect as specified in paragraph

23 (1), each authorized adjudicative agency shall make a

24 determination on an application for a personnel secu25 rity clearance pursuant to this title within 120 days

26 after the date of receipt of the application for a secu-
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1 rity clearance by an authorized investigative agency.

2 The 120-day period shall include—

3 (A) a period of not longer than 90 days to

4 complete the investigative phase of the clearance

5 review; and

6 (B) a period of not longer than 30 days to

7 complete the adjudicative phase of the clearance

8 review.

9 SEC. 5077. SECURITY CLEARANCES FOR PRESIDENTIAL

10 TRANSITION.

11 (a) CANDIDATES FOR NATIONAL SECURITY POSI12 TIONS.—(1) The President-elect shall submit to the Director

13 the names of candidates for high-level national security po14 sitions, for positions at the level of under secretary of execu15 tive departments and above, as soon as possible after the

16 date of the general elections held to determine the electors

17 of President and Vice President under section 1 or 2 of title

18 3, United States Code.

19 (2) The Director shall be responsible for the expeditious

20 completion of the background investigations necessary to

21 provide appropriate security clearances to the individuals

22 who are candidates described under paragraph (1) before

23 the date of the inauguration of the President-elect as Presi24 dent and the inauguration of the Vice-President-elect as

25 Vice President.
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1 (b) SECURITY CLEARANCES FOR TRANSITION TEAM

2 MEMBERS.—(1) In this section, the term ‘‘major party’’ has

3 the meaning provided under section 9002(6) of the Internal

4 Revenue Code of 1986.

5 (2) Each major party candidate for President, except

6 a candidate who is the incumbent President, shall submit,

7 before the date of the general presidential election, requests

8 for security clearances for prospective transition team mem9 bers who will have a need for access to classified informa10 tion to carry out their responsibilities as members of the

11 President-elect’s transition team.

12 (3) Necessary background investigations and eligibility

13 determinations to permit appropriate prospective transi14 tion team members to have access to classified information

15 shall be completed, to the fullest extent practicable, by the

16 day after the date of the general presidential election.

17 SEC. 5078. REPORTS.

18 Not later than February 15, 2006, and annually there19 after through 2016, the Director shall submit to the appro20 priate committees of Congress a report on the progress made

21 during the preceding year toward meeting the requirements

22 specified in this Act. The report shall include—

23 (1) the periods of time required by the authorized

24 investigative agencies and authorized adjudicative

25 agencies during the year covered by the report for
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1 conducting investigations, adjudicating cases, and

2 granting clearances, from date of submission to ulti3 mate disposition and notification to the subject and

4 the subject’s employer;

5 (2) a discussion of any impediments to the

6 smooth and timely functioning of the implementation

7 of this title; and

8 (3) such other information or recommendations

9 as the Deputy Director deems appropriate.

10 Subtitle G—Emergency Financial

11 Preparedness

12 CHAPTER 1—EMERGENCY PREPAREDNESS

13 FOR FISCAL AUTHORITIES

14 SEC. 5081. DELEGATION AUTHORITY OF THE SECRETARY OF

15 THE TREASURY.

16 Subsection (d) of section 306 of title 31, United States

17 Code, is amended by inserting ‘‘or employee’’ after ‘‘another

18 officer’’.

19 SEC. 5082. TREASURY SUPPORT FOR FINANCIAL SERVICES

20 INDUSTRY PREPAREDNESS AND RESPONSE.

21 (a) CONGRESSIONAL FINDING.—The Congress finds

22 that the Secretary of the Treasury—

23 (1) has successfully communicated and coordi24 nated with the private-sector financial services indus-
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1 try about counter-terrorist financing activities and

2 preparedness;

3 (2) has successfully reached out to State and

4 local governments and regional public-private part5 nerships, such as ChicagoFIRST, that protect employ6 ees and critical infrastructure by enhancing commu7 nication and coordinating plans for disaster pre8 paredness and business continuity; and

9 (3) has set an example for the Department of

10 Homeland Security and other Federal agency part11 ners, whose active participation is vital to the overall

12 success of the activities described in paragraphs (1)

13 and (2).

14 (b) FURTHER EDUCATION AND PREPARATION EF15 FORTS.—It is the sense of Congress that the Secretary of

16 the Treasury, in consultation with the Secretary of Home17 land Security and other Federal agency partners, should—

18 (1) furnish sufficient personnel and technological

19 and financial resources to foster the formation of pub20 lic-private sector coalitions, similar to

21 ChicagoFIRST, that, in collaboration with the De22 partment of Treasury, the Department of Homeland

23 Security, and other Federal agency partners, would

24 educate consumers and employees of the financial
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1 services industry about domestic counter-terrorist fi2 nancing activities, including—

3 (A) how the public and private sector orga4 nizations involved in counter-terrorist financing

5 activities can help to combat terrorism and si6 multaneously protect and preserve the lives and

7 civil liberties of consumers and employees of the

8 financial services industry; and

9 (B) how consumers and employees of the fi10 nancial services industry can assist the public

11 and private sector organizations involved in

12 counter-terrorist financing activities; and

13 (2) submit annual reports to the Congress on

14 Federal efforts, in conjunction with public-private

15 sector coalitions, to educate consumers and employees

16 of the financial services industry about domestic

17 counter-terrorist financing activities.

18 CHAPTER 2—MARKET PREPAREDNESS

19 SEC. 5084. SHORT TITLE.

20 This chapter may be cited as the ‘‘Emergency Securi21 ties Response Act of 2004’’.
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1 SEC. 5085. EXTENSION OF EMERGENCY ORDER AUTHORITY

2 OF THE SECURITIES AND EXCHANGE COMMIS3 SION.

4 (a) EXTENSION OF AUTHORITY.—Paragraph (2) of

5 section 12(k) of the Securities Exchange Act of 1934 (15

6 U.S.C. 78l(k)(2)) is amended to read as follows:

7 ‘‘(2) EMERGENCY.—(A) The Commission, in an

8 emergency, may by order summarily take such action

9 to alter, supplement, suspend, or impose requirements

10 or restrictions with respect to any matter or action

11 subject to regulation by the Commission or a self-reg12 ulatory organization under the securities laws, as the

13 Commission determines is necessary in the public in14 terest and for the protection of investors—

15 ‘‘(i) to maintain or restore fair and orderly

16 securities markets (other than markets in ex17 empted securities);

18 ‘‘(ii) to ensure prompt, accurate, and safe

19 clearance and settlement of transactions in secu20 rities (other than exempted securities); or

21 ‘‘(iii) to reduce, eliminate, or prevent the

22 substantial disruption by the emergency of (I)

23 securities markets (other than markets in ex24 empted securities), investment companies, or any

25 other significant portion or segment of such mar26 kets, or (II) the transmission or processing of se-
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1 curities transactions (other than transactions in

2 exempted securities).

3 ‘‘(B) An order of the Commission under this

4 paragraph (2) shall continue in effect for the period

5 specified by the Commission, and may be extended.

6 Except as provided in subparagraph (C), the Com7 mission’s action may not continue in effect for more

8 than 30 business days, including extensions.

9 ‘‘(C) An order of the Commission under this

10 paragraph (2) may be extended to continue in effect

11 for more than 30 business days if, at the time of the

12 extension, the Commission finds that the emergency

13 still exists and determines that the continuation of the

14 order beyond 30 business days is necessary in the

15 public interest and for the protection of investors to

16 attain an objective described in clause (i), (ii), or

17 (iii) of subparagraph (A). In no event shall an order

18 of the Commission under this paragraph (2) continue

19 in effect for more than 90 calendar days.

20 ‘‘(D) If the actions described in subparagraph

21 (A) involve a security futures product, the Commis22 sion shall consult with and consider the views of the

23 Commodity Futures Trading Commission. In exer24 cising its authority under this paragraph, the Com25 mission shall not be required to comply with the pro-
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1 visions of section 553 of title 5, United States Code,

2 or with the provisions of section 19(c) of this title.

3 ‘‘(E) Notwithstanding the exclusion of exempted

4 securities (and markets therein) from the Commis5 sion’s authority under subparagraph (A), the Com6 mission may use such authority to take action to

7 alter, supplement, suspend, or impose requirements or

8 restrictions with respect to clearing agencies for

9 transactions in such exempted securities. In taking

10 any action under this subparagraph, the Commission

11 shall consult with and consider the views of the Sec12 retary of the Treasury.’’.

13 (b) CONSULTATION; DEFINITION OF EMERGENCY.—

14 Section 12(k) of the Securities Exchange Act of 1934 (15

15 U.S.C. 78l(k)) is further amended by striking paragraph

16 (6) and inserting the following:

17 ‘‘(6) CONSULTATION.—Prior to taking any ac18 tion described in paragraph (1)(B), the Commission

19 shall consult with and consider the views of the Sec20 retary of the Treasury, Board of Governors of the

21 Federal Reserve System, and the Commodity Futures

22 Trading Commission, unless such consultation is im23 practicable in light of the emergency.

24 ‘‘(7) DEFINITIONS.—
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1 ‘‘(A) EMERGENCY.—For purposes of this

2 subsection, the term ‘emergency’ means—

3 ‘‘(i) a major market disturbance char4 acterized by or constituting—

5 ‘‘(I) sudden and excessive fluctua6 tions of securities prices generally, or a

7 substantial threat thereof, that threaten

8 fair and orderly markets; or

9 ‘‘(II) a substantial disruption of

10 the safe or efficient operation of the na11 tional system for clearance and settle12 ment of transactions in securities, or a

13 substantial threat thereof; or

14 ‘‘(ii) a major disturbance that substan15 tially disrupts, or threatens to substantially

16 disrupt—

17 ‘‘(I) the functioning of securities

18 markets, investment companies, or any

19 other significant portion or segment of

20 the securities markets; or

21 ‘‘(II) the transmission or proc22 essing of securities transactions.

23 ‘‘(B) SECURITIES LAWS.—Notwithstanding

24 section 3(a)(47), for purposes of this subsection,

25 the term ‘securities laws’ does not include the
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1 Public Utility Holding Company Act of 1935

2 (15 U.S.C. 79a et seq.).’’.

3 SEC. 5086. PARALLEL AUTHORITY OF THE SECRETARY OF

4 THE TREASURY WITH RESPECT TO GOVERN5 MENT SECURITIES.

6 Section 15C of the Securities Exchange Act of 1934

7 (15 U.S.C. 78o–5) is amended by adding at the end the

8 following new subsection:

9 ‘‘(h) EMERGENCY AUTHORITY.—The Secretary may by

10 order take any action with respect to a matter or action

11 subject to regulation by the Secretary under this section,

12 or the rules of the Secretary thereunder, involving a govern13 ment security or a market therein (or significant portion

14 or segment of that market), that the Commission may take

15 under section 12(k)(2) of this title with respect to trans16 actions in securities (other than exempted securities) or a

17 market therein (or significant portion or segment of that

18 market).’’.

19 SEC. 5087. JOINT REPORT ON IMPLEMENTATION OF FINAN20 CIAL SYSTEM RESILIENCE RECOMMENDA21 TIONS.

22 (a) REPORT REQUIRED.—Not later than April 30,

23 2006, the Board of Governors of the Federal Reserve System,

24 the Comptroller of the Currency, and the Securities and Ex25 change Commission shall prepare and submit to the Com-
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1 mittee on Financial Services of the House of Representa2 tives and the Committee on Banking, Housing, and Urban

3 Affairs of the Senate a joint report on the efforts of the pri4 vate sector to implement the Interagency Paper on Sound

5 Practices to Strengthen the Resilience of the U.S. Financial

6 System.

7 (b) CONTENTS OF REPORT.—The report required by

8 subsection (a) shall—

9 (1) examine the efforts to date of covered private

10 sector financial services firms to implement enhanced

11 business continuity plans;

12 (2) examine the extent to which the implementa13 tion of business continuity plans has been done in a

14 geographically dispersed manner, including an anal15 ysis of the extent to which such firms have located

16 their main and backup facilities in separate electrical

17 networks, in different watersheds, in independent

18 transportation systems, and using separate tele19 communications centers;

20 (3) examine the need to cover more financial

21 services entities than those covered by the Interagency

22 Paper; and

23 (4) recommend legislative and regulatory

24 changes that will—
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1 (A) expedite the effective implementation of

2 the Interagency Paper by all covered financial

3 services entities; and

4 (B) maximize the effective implementation

5 of business continuity planning by all partici6 pants in the financial services industry.

7 (c) CONFIDENTIALITY.—Any information provided to

8 the Federal Reserve Board, the Comptroller of the Currency,

9 or the Securities and Exchange Commission for the pur10 poses of the preparation and submission of the report re11 quired by subsection (a) shall be treated as privileged and

12 confidential. For purposes of section 552 of title 5, United

13 States Code, this subsection shall be considered a statute

14 described in subsection (b)(3)(B) of such section 552.

15 (d) DEFINITION.—The Interagency Paper on Sound

16 Practices to Strengthen the Resilience of the U.S. Financial

17 System is the interagency paper prepared by the Board of

18 Governors of the Federal Reserve System, the Comptroller

19 of the Currency, and the Securities and Exchange Commis20 sion that was announced in the Federal Register on April

21 8, 2003.

22 SEC. 5088. PRIVATE SECTOR PREPAREDNESS.

23 It is the sense of the Congress that the insurance indus24 try and credit-rating agencies, where relevant, should care25 fully consider a company’s compliance with standards for
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1 private sector disaster and emergency preparedness in as2 sessing insurability and creditworthiness, to ensure that

3 private sector investment in disaster and emergency pre4 paredness is appropriately encouraged.

5 SEC. 5089. REPORT ON PUBLIC/PRIVATE PARTNERSHIPS.

6 Before the end of the 6-month period beginning on the

7 date of the enactment of this Act, the Secretary of the Treas8 ury shall submit a report to the Committee on Financial

9 Services of the House of Representatives and the Committee

10 on Banking, Housing, and Urban Affairs of the Senate

11 containing—

12 (1) information on the efforts the Department of

13 the Treasury has made to encourage the formation of

14 public/private partnerships to protect critical finan15 cial infrastructure and the type of support that the

16 Department has provided to these partnerships; and

17 (2) recommendations for administrative or legis18 lative action regarding these partnerships as the Sec19 retary may determine to be appropriate.
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1 Subtitle H—Other Matters

2 CHAPTER 1—PRIVACY MATTERS

3 SEC. 5091. REQUIREMENT THAT AGENCY RULEMAKING

4 TAKE INTO CONSIDERATION IMPACTS ON IN5 DIVIDUAL PRIVACY.

6 (a) SHORT TITLE.—This section may be cited as the

7 ‘‘Federal Agency Protection of Privacy Act of 2004’’.

8 (b) IN GENERAL.—Title 5, United States Code, is

9 amended by adding after section 553 the following new sec10 tion:

11 ‘‘§ 553a. Privacy impact assessment in rulemaking

12 ‘‘(a) INITIAL PRIVACY IMPACT ASSESSMENT.—

13 ‘‘(1) IN GENERAL.—Whenever an agency is re14 quired by section 553 of this title, or any other law,

15 to publish a general notice of proposed rulemaking for

16 a proposed rule, or publishes a notice of proposed

17 rulemaking for an interpretative rule involving the

18 internal revenue laws of the United States, and such

19 rule or proposed rulemaking pertains to the collection,

20 maintenance, use, or disclosure of personally identifi21 able information from 10 or more individuals, other

22 than agencies, instrumentalities, or employees of the

23 Federal government, the agency shall prepare and

24 make available for public comment an initial privacy

25 impact assessment that describes the impact of the
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1 proposed rule on the privacy of individuals. Such as2 sessment or a summary thereof shall be signed by the

3 senior agency official with primary responsibility for

4 privacy policy and be published in the Federal Reg5 ister at the time of the publication of a general notice

6 of proposed rulemaking for the rule.

7 ‘‘(2) CONTENTS.—Each initial privacy impact

8 assessment required under this subsection shall con9 tain the following:

10 ‘‘(A) A description and analysis of the ex11 tent to which the proposed rule will impact the

12 privacy interests of individuals, including the

13 extent to which the proposed rule—

14 ‘‘(i) provides notice of the collection of

15 personally identifiable information, and

16 specifies what personally identifiable infor17 mation is to be collected and how it is to be

18 collected, maintained, used, and disclosed;

19 ‘‘(ii) allows access to such information

20 by the person to whom the personally iden21 tifiable information pertains and provides

22 an opportunity to correct inaccuracies;

23 ‘‘(iii) prevents such information, which

24 is collected for one purpose, from being used

25 for another purpose; and
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1 ‘‘(iv) provides security for such infor2 mation.

3 ‘‘(B) A description of any significant alter4 natives to the proposed rule which accomplish

5 the stated objectives of applicable statutes and

6 which minimize any significant privacy impact

7 of the proposed rule on individuals.

8 ‘‘(b) FINAL PRIVACY IMPACT ASSESSMENT.—

9 ‘‘(1) IN GENERAL.—Whenever an agency promul10 gates a final rule under section 553 of this title, after

11 being required by that section or any other law to

12 publish a general notice of proposed rulemaking, or

13 promulgates a final interpretative rule involving the

14 internal revenue laws of the United States, and such

15 rule or proposed rulemaking pertains to the collection,

16 maintenance, use, or disclosure of personally identifi17 able information from 10 or more individuals, other

18 than agencies, instrumentalities, or employees of the

19 Federal government, the agency shall prepare a final

20 privacy impact assessment, signed by the senior agen21 cy official with primary responsibility for privacy

22 policy.

23 ‘‘(2) CONTENTS.—Each final privacy impact as24 sessment required under this subsection shall contain

25 the following:
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1 ‘‘(A) A description and analysis of the ex2 tent to which the final rule will impact the pri3 vacy interests of individuals, including the ex4 tent to which such rule—

5 ‘‘(i) provides notice of the collection of

6 personally identifiable information, and

7 specifies what personally identifiable infor8 mation is to be collected and how it is to be

9 collected, maintained, used, and disclosed;

10 ‘‘(ii) allows access to such information

11 by the person to whom the personally iden12 tifiable information pertains and provides

13 an opportunity to correct inaccuracies;

14 ‘‘(iii) prevents such information, which

15 is collected for one purpose, from being used

16 for another purpose; and

17 ‘‘(iv) provides security for such infor18 mation.

19 ‘‘(B) A summary of any significant issues

20 raised by the public comments in response to the

21 initial privacy impact assessment, a summary of

22 the analysis of the agency of such issues, and a

23 statement of any changes made in such rule as

24 a result of such issues.
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1 ‘‘(C) A description of the steps the agency

2 has taken to minimize the significant privacy

3 impact on individuals consistent with the stated

4 objectives of applicable statutes, including a

5 statement of the factual, policy, and legal reasons

6 for selecting the alternative adopted in the final

7 rule and why each one of the other significant al8 ternatives to the rule considered by the agency

9 which affect the privacy interests of individuals

10 was rejected.

11 ‘‘(3) AVAILABILITY TO PUBLIC.—The agency

12 shall make copies of the final privacy impact assess13 ment available to members of the public and shall

14 publish in the Federal Register such assessment or a

15 summary thereof.

16 ‘‘(c) WAIVERS.—

17 ‘‘(1) EMERGENCIES.—An agency head may

18 waive or delay the completion of some or all of the

19 requirements of subsections (a) and (b) to the same

20 extent as the agency head may, under section 608,

21 waive or delay the completion of some or all of the

22 requirements of sections 603 and 604, respectively.

23 ‘‘(2) NATIONAL SECURITY.—An agency head

24 may, for national security reasons, or to protect from

25 disclosure classified information, confidential com-
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1 mercial information, or information the disclosure of

2 which may adversely affect a law enforcement effort,

3 waive or delay the completion of some or all of the

4 following requirements:

5 ‘‘(A) The requirement of subsection (a)(1) to

6 make an assessment available for public com7 ment.

8 ‘‘(B) The requirement of subsection (a)(1) to

9 have an assessment or summary thereof pub10 lished in the Federal Register.

11 ‘‘(C) The requirements of subsection (b)(3).

12 ‘‘(d) PROCEDURES FOR GATHERING COMMENTS.—

13 When any rule is promulgated which may have a signifi14 cant privacy impact on individuals, or a privacy impact

15 on a substantial number of individuals, the head of the

16 agency promulgating the rule or the official of the agency

17 with statutory responsibility for the promulgation of the

18 rule shall assure that individuals have been given an oppor19 tunity to participate in the rulemaking for the rule through

20 techniques such as—

21 ‘‘(1) the inclusion in an advance notice of pro22 posed rulemaking, if issued, of a statement that the

23 proposed rule may have a significant privacy impact

24 on individuals, or a privacy impact on a substantial

25 number of individuals;
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1 ‘‘(2) the publication of a general notice of pro2 posed rulemaking in publications of national circula3 tion likely to be obtained by individuals;

4 ‘‘(3) the direct notification of interested individ5 uals;

6 ‘‘(4) the conduct of open conferences or public

7 hearings concerning the rule for individuals, includ8 ing soliciting and receiving comments over computer

9 networks; and

10 ‘‘(5) the adoption or modification of agency pro11 cedural rules to reduce the cost or complexity of par12 ticipation in the rulemaking by individuals.

13 ‘‘(e) PERIODIC REVIEW OF RULES.—

14 ‘‘(1) IN GENERAL.—Each agency shall carry out

15 a periodic review of the rules promulgated by the

16 agency that have a significant privacy impact on in17 dividuals, or a privacy impact on a substantial num18 ber of individuals. Under such periodic review, the

19 agency shall determine, for each such rule, whether

20 the rule can be amended or rescinded in a manner

21 that minimizes any such impact while remaining in

22 accordance with applicable statutes. For each such de23 termination, the agency shall consider the following

24 factors:

25 ‘‘(A) The continued need for the rule.
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1 ‘‘(B) The nature of complaints or comments

2 received from the public concerning the rule.

3 ‘‘(C) The complexity of the rule.

4 ‘‘(D) The extent to which the rule overlaps,

5 duplicates, or conflicts with other Federal rules,

6 and, to the extent feasible, with State and local

7 governmental rules.

8 ‘‘(E) The length of time since the rule was

9 last reviewed under this subsection.

10 ‘‘(F) The degree to which technology, eco11 nomic conditions, or other factors have changed

12 in the area affected by the rule since the rule was

13 last reviewed under this subsection.

14 ‘‘(2) PLAN REQUIRED.—Each agency shall carry

15 out the periodic review required by paragraph (1) in

16 accordance with a plan published by such agency in

17 the Federal Register. Each such plan shall provide for

18 the review under this subsection of each rule promul19 gated by the agency not later than 10 years after the

20 date on which such rule was published as the final

21 rule and, thereafter, not later than 10 years after the

22 date on which such rule was last reviewed under this

23 subsection. The agency may amend such plan at any

24 time by publishing the revision in the Federal Reg25 ister.
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1 ‘‘(3) ANNUAL PUBLICATION.—Each year, each

2 agency shall publish in the Federal Register a list of

3 the rules to be reviewed by such agency under this

4 subsection during the following year. The list shall in5 clude a brief description of each such rule and the

6 need for and legal basis of such rule and shall invite

7 public comment upon the determination to be made

8 under this subsection with respect to such rule.

9 ‘‘(f) JUDICIAL REVIEW.—

10 ‘‘(1) IN GENERAL.—For any rule subject to this

11 section, an individual who is adversely affected or ag12 grieved by final agency action is entitled to judicial

13 review of agency compliance with the requirements of

14 subsections (b) and (c) in accordance with chapter 7.

15 Agency compliance with subsection (d) shall be judi16 cially reviewable in connection with judicial review of

17 subsection (b).

18 ‘‘(2) JURISDICTION.—Each court having juris19 diction to review such rule for compliance with sec20 tion 553, or under any other provision of law, shall

21 have jurisdiction to review any claims of noncompli22 ance with subsections (b) and (c) in accordance with

23 chapter 7. Agency compliance with subsection (d)

24 shall be judicially reviewable in connection with judi25 cial review of subsection (b).
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1 ‘‘(3) LIMITATIONS.—

2 ‘‘(A) An individual may seek such review

3 during the period beginning on the date of final

4 agency action and ending 1 year later, except

5 that where a provision of law requires that an

6 action challenging a final agency action be com7 menced before the expiration of 1 year, such less8 er period shall apply to an action for judicial re9 view under this subsection.

10 ‘‘(B) In the case where an agency delays the

11 issuance of a final privacy impact assessment

12 pursuant to subsection (c), an action for judicial

13 review under this section shall be filed not later

14 than—

15 ‘‘(i) 1 year after the date the assess16 ment is made available to the public; or

17 ‘‘(ii) where a provision of law requires

18 that an action challenging a final agency

19 regulation be commenced before the expira20 tion of the 1-year period, the number of

21 days specified in such provision of law that

22 is after the date the assessment is made

23 available to the public.

24 ‘‘(4) RELIEF.—In granting any relief in an ac25 tion under this subsection, the court shall order the
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1 agency to take corrective action consistent with this

2 section and chapter 7, including, but not limited to—

3 ‘‘(A) remanding the rule to the agency; and

4 ‘‘(B) deferring the enforcement of the rule

5 against individuals, unless the court finds that

6 continued enforcement of the rule is in the public

7 interest.

8 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in this

9 subsection shall be construed to limit the authority of

10 any court to stay the effective date of any rule or pro11 vision thereof under any other provision of law or to

12 grant any other relief in addition to the requirements

13 of this subsection.

14 ‘‘(6) RECORD OF AGENCY ACTION.—In an action

15 for the judicial review of a rule, the privacy impact

16 assessment for such rule, including an assessment pre17 pared or corrected pursuant to paragraph (4), shall

18 constitute part of the entire record of agency action

19 in connection with such review.

20 ‘‘(7) EXCLUSIVITY.—Compliance or noncompli21 ance by an agency with the provisions of this section

22 shall be subject to judicial review only in accordance

23 with this subsection.

24 ‘‘(8) SAVINGS CLAUSE.—Nothing in this sub25 section bars judicial review of any other impact state-
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1 ment or similar assessment required by any other law

2 if judicial review of such statement or assessment is

3 otherwise permitted by law.

4 ‘‘(g) DEFINITION.—For purposes of this section, the

5 term ‘personally identifiable information’ means informa6 tion that can be used to identify an individual, including

7 such individual’s name, address, telephone number, photo8 graph, social security number or other identifying informa9 tion. It includes information about such individual’s med10 ical or financial condition.’’.

11 (c) PERIODIC REVIEW TRANSITION PROVISIONS.—

12 (1) INITIAL PLAN.—For each agency, the plan

13 required by subsection (e) of section 553a of title 5,

14 United States Code (as added by subsection (a)), shall

15 be published not later than 180 days after the date of

16 the enactment of this Act.

17 (2) In the case of a rule promulgated by an

18 agency before the date of the enactment of this Act,

19 such plan shall provide for the periodic review of such

20 rule before the expiration of the 10-year period begin21 ning on the date of the enactment of this Act. For any

22 such rule, the head of the agency may provide for a

23 1-year extension of such period if the head of the

24 agency, before the expiration of the period, certifies in

25 a statement published in the Federal Register that re-
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1 viewing such rule before the expiration of the period

2 is not feasible. The head of the agency may provide

3 for additional 1-year extensions of the period pursu4 ant to the preceding sentence, but in no event may the

5 period exceed 15 years.

6 (d) CONGRESSIONAL REVIEW.—Section 801(a)(1)(B)

7 of title 5, United States Code, is amended—

8 (1) by redesignating clauses (iii) and (iv) as

9 clauses (iv) and (v), respectively; and

10 (2) by inserting after clause (ii) the following

11 new clause:

12 ‘‘(iii) the agency’s actions relevant to section

13 553a;’’.

14 (e) CLERICAL AMENDMENT.—The table of sections at

15 the beginning of chapter 5 of title 5, United States Code,

16 is amended by adding after the item relating to section 553

17 the following new item:

553a. Privacy impact assessment in rulemaking.’’.

18 SEC. 5092. CHIEF PRIVACY OFFICERS FOR AGENCIES WITH

19 LAW ENFORCEMENT OR ANTI-TERRORISM

20 FUNCTIONS.

21 (a) IN GENERAL.—There shall be within each Federal

22 agency with law enforcement or anti-terrorism functions a

23 chief privacy officer, who shall have primary responsibility

24 within that agency for privacy policy. The agency chief pri25 vacy officer shall be designated by the head of the agency.
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1 (b) RESPONSIBILITIES.—The responsibilities of each

2 agency chief privacy officer shall include—

3 (1) ensuring that the use of technologies sustains,

4 and does not erode, privacy protections relating to the

5 use, collection, and disclosure of personally identifi6 able information;

7 (2) ensuring that personally identifiable infor8 mation contained in systems of records is handled in

9 full compliance with fair information practices as set

10 out in section 552a of title 5, United States Code;

11 (3) evaluating legislative and regulatory pro12 posals involving collection, use, and disclosure of per13 sonally identifiable information by the Federal Gov14 ernment;

15 (4) conducting a privacy impact assessment of

16 proposed rules of the agency on the privacy of person17 ally identifiable information, including the type of

18 personally identifiable information collected and the

19 number of people affected;

20 (5) preparing and submitting a report to Con21 gress on an annual basis on activities of the agency

22 that affect privacy, including complaints of privacy

23 violations, implementation of section 552a of title 5,

24 United States Code, internal controls, and other rel25 evant matters;
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1 (6) ensuring that the agency protects personally

2 identifiable information and information systems

3 from unauthorized access, use, disclosure, disruption,

4 modification, or destruction in order to provide—

5 (A) integrity, which means guarding

6 against improper information modification or

7 destruction, and includes ensuring information

8 nonrepudiation and authenticity;

9 (B) confidentially, which means preserving

10 authorized restrictions on access and disclosure,

11 including means for protecting personal privacy

12 and proprietary information;

13 (C) availability, which means ensuring

14 timely and reliable access to and use of that in15 formation; and

16 (D) authentication, which means utilizing

17 digital credentials to assure the identity of users

18 and validate their access; and

19 (7) advising the head of the agency and the Di20 rector of the Office of Management and Budget on in21 formation security and privacy issues pertaining to

22 Federal Government information systems.
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1 CHAPTER 2—MUTUAL AID AND

2 LITIGATION MANAGEMENT

3 SEC. 5101. SHORT TITLE.

4 This chapter may be cited as the ‘‘Mutual Aid and

5 Litigation Management Authorization Act of 2004’’.

6 SEC. 5102. MUTUAL AID AUTHORIZED.

7 (a) AUTHORIZATION TO ENTER INTO AGREEMENTS.—

8 (1) IN GENERAL.—The authorized representative

9 of a State, locality, or the Federal Government may

10 enter into an interstate mutual aid agreement or a

11 mutual aid agreement with the Federal Government

12 on behalf of the State, locality, or Federal Govern13 ment under which, at the request of any party to the

14 agreement, the other party to the agreement may—

15 (A) provide law enforcement, fire, rescue,

16 emergency health and medical services, transpor17 tation, communications, public works and engi18 neering, mass care, and resource support in an

19 emergency or public service event occurring in

20 the jurisdiction of the requesting party;

21 (B) provide other services to prepare for,

22 mitigate, manage, respond to, or recover from an

23 emergency or public service event occurring in

24 the jurisdiction of the requesting party; and
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1 (C) participate in training events occurring

2 in the jurisdiction of the requesting party.

3 (b) LIABILITY AND ACTIONS AT LAW.—

4 (1) LIABILITY.—A responding party or its offi5 cers or employees shall be liable on account of any act

6 or omission occurring while providing assistance or

7 participating in a training event in the jurisdiction

8 of a requesting party under a mutual aid agreement

9 (including any act or omission arising from the

10 maintenance or use of any equipment, facilities, or

11 supplies in connection therewith), but only to the ex12 tent permitted under and in accordance with the laws

13 and procedures of the State of the responding party

14 and subject to any litigation management agreement

15 entered into pursuant to section 5103.

16 (2) JURISDICTION OF COURTS.—

17 (A) IN GENERAL.—Subject to subparagraph

18 (B) and any litigation management agreement

19 entered into pursuant to section 5103, any ac20 tion brought against a responding party or its

21 officers or employees on account of an act or

22 omission described in subsection (b)(1) may be

23 brought only under the laws and procedures of

24 the State of the responding party and only in
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1 the State courts or United States District Courts

2 located therein.

3 (B) UNITED STATES AS PARTY.—If the

4 United States is the party against whom an ac5 tion described in paragraph (1) is brought, the

6 action may be brought only in a United States

7 District Court.

8 (c) WORKERS’ COMPENSATION AND DEATH BENE9 FITS.—

10 (1) PAYMENT OF BENEFITS.—A responding

11 party shall provide for the payment of workers’ com12 pensation and death benefits with respect to officers

13 or employees of the party who sustain injuries or are

14 killed while providing assistance or participating in

15 a training event under a mutual aid agreement in the

16 same manner and on the same terms as if the injury

17 or death were sustained within the jurisdiction of the

18 responding party.

19 (2) LIABILITY FOR BENEFITS.—No party shall be

20 liable under the law of any State other than its own

21 (or, in the case of the Federal Government, under any

22 law other than Federal law) for the payment of work23 ers’ compensation and death benefits with respect to

24 injured officers or employees of the party who sustain

25 injuries or are killed while providing assistance or
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1 participating in a training event under a mutual aid

2 agreement.

3 (d) LICENSES AND PERMITS.—Whenever any person

4 holds a license, certificate, or other permit issued by any

5 responding party evidencing the meeting of qualifications

6 for professional, mechanical, or other skills, such person will

7 be deemed licensed, certified, or permitted by the requesting

8 party to provide assistance involving such skill under a mu9 tual aid agreement.

10 (e) SCOPE.—Except to the extent provided in this sec11 tion, the rights and responsibilities of the parties to a mu12 tual aid agreement shall be as described in the mutual aid

13 agreement.

14 (f) EFFECT ON OTHER AGREEMENTS.—Nothing in

15 this section precludes any party from entering into supple16 mentary mutual aid agreements with fewer than all the

17 parties, or with another, or affects any other agreements

18 already in force among any parties to such an agreement,

19 including the Emergency Management Assistance Compact

20 (EMAC) under Public Law 104–321.

21 (g) FEDERAL GOVERNMENT.—Nothing in this section

22 may be construed to limit any other expressed or implied

23 authority of any entity of the Federal Government to enter

24 into mutual aid agreements.
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1 (h) CONSISTENCY WITH STATE LAW.—A party may

2 enter into a mutual aid agreement under this chapter only

3 insofar as the agreement is in accord with State law.

4 SEC. 5103. LITIGATION MANAGEMENT AGREEMENTS.

5 (a) AUTHORIZATION TO ENTER INTO LITIGATION

6 MANAGEMENT AGREEMENTS.—The authorized representa7 tive of a State or locality may enter into a litigation man8 agement agreement on behalf of the State or locality. Such

9 litigation management agreements may provide that all

10 claims against such Emergency Response Providers arising

11 out of, relating to, or resulting from an act of terrorism

12 when Emergency Response Providers from more than 1

13 State have acted in defense against, in response to, or recov14 ery from such act shall be governed by the following provi15 sions.

16 (b) FEDERAL CAUSE OF ACTION.—

17 (1) IN GENERAL.—There shall exist a Federal

18 cause of action for claims against Emergency Re19 sponse Providers arising out of, relating to, or result20 ing from an act of terrorism when Emergency Re21 sponse Providers from more than 1 State have acted

22 in defense against, in response to, or recovery from

23 such act. As determined by the parties to a litigation

24 management agreement, the substantive law for deci25 sion in any such action shall be—
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1 (A) derived from the law, including choice

2 of law principles, of the State in which such acts

3 of terrorism occurred, unless such law is incon4 sistent with or preempted by Federal law; or

5 (B) derived from the choice of law prin6 ciples agreed to by the parties to a litigation

7 management agreement as described in the liti8 gation management agreement, unless such prin9 ciples are inconsistent with or preempted by

10 Federal law.

11 (2) JURISDICTION.—Such appropriate district

12 court of the United States shall have original and ex13 clusive jurisdiction over all actions for any claim

14 against Emergency Response Providers for loss of

15 property, personal injury, or death arising out of, re16 lating to, or resulting from an act of terrorism when

17 Emergency Response Providers from more than 1

18 State have acted in defense against, in response to, or

19 recovery from an act of terrorism.

20 (3) SPECIAL RULES.—In an action brought for

21 damages that is governed by a litigation management

22 agreement, the following provisions apply:

23 (A) PUNITIVE DAMAGES.—No punitive

24 damages intended to punish or deter, exemplary

25 damages, or other damages not intended to com-
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1 pensate a plaintiff for actual losses may be

2 awarded, nor shall any party be liable for inter3 est prior to the judgment.

4 (B) COLLATERAL SOURCES.—Any recovery

5 by a plaintiff in an action governed by a litiga6 tion management agreement shall be reduced by

7 the amount of collateral source compensation, if

8 any, that the plaintiff has received or is entitled

9 to receive as a result of such acts of terrorism.

10 (4) EXCLUSIONS.—Nothing in this section shall

11 in any way limit the ability of any person to seek

12 any form of recovery from any person, government, or

13 other entity that—

14 (A) attempts to commit, knowingly partici15 pates in, aids and abets, or commits any act of

16 terrorism, or any criminal act related to or re17 sulting from such act of terrorism; or

18 (B) participates in a conspiracy to commit

19 any such act of terrorism or any such criminal

20 act.

21 SEC. 5104. ADDITIONAL PROVISIONS.

22 (a) NO ABROGATION OF OTHER IMMUNITIES.—Noth23 ing in this chapter shall abrogate any constitutional, statu24 tory, or common law immunities that any party may have.
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1 (b) EXCEPTION FOR CERTAIN FEDERAL LAW EN2 FORCEMENT ACTIVITIES.—A mutual aid agreement or a

3 litigation management agreement may not apply to law en4 forcement security operations at special events of national

5 significance under section 3056(e) of title 18, United States

6 Code, or to other law enforcement functions of the United

7 States Secret Service.

8 (c) SECRET SERVICE.—Section 3056 of title 18,

9 United States Code, is amended by adding at the end the

10 following new subsection:

11 ‘‘(g) The Secret Service shall be maintained as a dis12 tinct entity within the Department of Homeland Security

13 and shall not be merged with any other department func14 tion. All personnel and operational elements of the United

15 States Secret Service shall report to the Director of the Se16 cret Service, who shall report directly to the Secretary of

17 Homeland Security without being required to report

18 through any other official of the Department.’’.

19 SEC. 5105. DEFINITIONS.

20 For purposes of this chapter, the following definitions

21 apply:

22 (1) AUTHORIZED REPRESENTATIVE.—The term

23 ‘‘authorized representative’’ means—

24 (A) in the case of the Federal Government,

25 any individual designated by the President with
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1 respect to the executive branch, the Chief Justice

2 of the United States with respect to the judicial

3 branch, or the President pro Tempore of the Sen4 ate and Speaker of the House of Representatives

5 with respect to the Congress, or their designees,

6 to enter into a mutual aid agreement;

7 (B) in the case of a locality, the official des8 ignated by law to declare an emergency in and

9 for the locality, or the official’s designee;

10 (C) in the case of a State, the Governor or

11 the Governor’s designee.

12 (2) EMERGENCY.—The term ‘‘emergency’’ means

13 a major disaster or emergency declared by the Presi14 dent, or a State of Emergency declared by an author15 ized representative of a State or locality, in response

16 to which assistance may be provided under a mutual

17 aid agreement.

18 (3) EMERGENCY RESPONSE PROVIDER.—The

19 term ‘‘Emergency Response Provider’’ means any

20 party to a litigation management agreement that

21 meets the definition of ‘‘emergency response pro22 viders’’ under section 2 of the Homeland Security Act

23 of 2002 (6 U.S.C. 101), as amended by this Act, ex24 cept that the term does not include any Federal per25 sonnel, agency, or authority.
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1 (4) EMPLOYEE.—The term ‘‘employee’’ means,

2 with respect to a party to a mutual aid agreement,

3 the employees of the party, including its agents or au4 thorized volunteers, who are committed to provide as5 sistance under the agreement.

6 (5) LITIGATION MANAGEMENT AGREEMENT.—The

7 term ‘‘litigation management agreement’’ means an

8 agreement entered into pursuant to the authority

9 granted under section 5103.

10 (6) LOCALITY.—The term ‘‘locality’’ means a

11 county, city, or town.

12 (7) MUTUAL AID AGREEMENT.—The term ‘‘mu13 tual aid agreement’’ means an agreement entered into

14 pursuant to the authority granted under section 5102.

15 (8) PUBLIC SERVICE EVENT.—The term ‘‘public

16 service event’’ means any undeclared emergency, inci17 dent, or situation in preparation for or response to

18 which assistance may be provided under a mutual

19 aid agreement.

20 (9) REQUESTING PARTY.—The term ‘‘requesting

21 party’’ means, with respect to a mutual aid agree22 ment, the party in whose jurisdiction assistance is

23 provided, or a training event is held, under the agree24 ment.
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1 (10) RESPONDING PARTY.—The term ‘‘respond2 ing party’’ means, with respect to a mutual aid

3 agreement, the party providing assistance, or partici4 pating in a training event, under the agreement, but

5 does not include the requesting party.

6 (11) STATE.—The term ‘‘State’’ includes each of

7 the several States of the United States, the District of

8 Columbia, the Commonwealth of Puerto Rico, the Vir9 gin Islands, Guam, American Samoa, and the Com10 monwealth of the Northern Mariana Islands, and any

11 other territory or possession of the United States, and

12 any political subdivision of any such place.

13 (12) TERRORISM.—The term ‘‘terrorism’’ means

14 any activity that meets the definition of ‘‘terrorism’’

15 under section 2 of the Homeland Security Act of 2002

16 (6 U.S.C. 101), as amended by this Act.

17 (13) TRAINING EVENT.—The term ‘‘training

18 event’’ means an emergency and public service event19 related exercise, test, or other activity using equip20 ment and personnel to prepare for or simulate per21 formance of any aspect of the giving or receiving of

22 assistance during emergencies or public service events,

23 but does not include an actual emergency or public

24 service event.
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1 SEC. 5106. EMERGENCY PREPAREDNESS COMPACTS.

2 Section 611(h) of the Robert T. Stafford Disaster Relief

3 and Emergency Assistance Act (42 U.S.C. 5196(h)) is

4 amended—

5 (1) by redesignating paragraphs (1), (2), and (3)

6 as paragraphs (2), (3), and (4), respectively;

7 (2) by indenting paragraph (2) (as so redesig8 nated); and

9 (3) by striking the subsection designation and

10 heading and inserting the following:

11 ‘‘(h) EMERGENCY PREPAREDNESS COMPACTS.—(1)

12 The Director shall establish a program supporting the devel13 opment of emergency preparedness compacts for acts of ter14 rorism, disasters, and emergencies throughout the Nation,

15 by—

16 ‘‘(A) identifying and cataloging existing emer17 gency preparedness compacts for acts of terrorism,

18 disasters, and emergencies at the State and local lev19 els of government;

20 ‘‘(B) disseminating to State and local govern21 ments examples of best practices in the development

22 of emergency preparedness compacts and models of ex23 isting emergency preparedness compacts, including

24 agreements involving interstate jurisdictions; and

25 ‘‘(C) completing an inventory of Federal re26 sponse capabilities for acts of terrorism, disasters,
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1 and emergencies, making such inventory available to

2 appropriate Federal, State, and local government offi3 cials, and ensuring that such inventory is as current

4 and accurate as practicable.’’.

5 CHAPTER 3—MISCELLANEOUS MATTERS

6 SEC. 5131. ENHANCEMENT OF PUBLIC SAFETY COMMUNICA7 TIONS INTEROPERABILITY.

8 (a) COORDINATION OF PUBLIC SAFETY INTEROPER9 ABLE COMMUNICATIONS PROGRAMS.—

10 (1) PROGRAM.—The Secretary of Homeland Se11 curity, in consultation with the Secretary of Com12 merce and the Chairman of the Federal Communica13 tions Commission, shall establish a program to en14 hance public safety interoperable communications at

15 all levels of government. Such program shall—

16 (A) establish a comprehensive national ap17 proach to achieving public safety interoperable

18 communications;

19 (B) coordinate with other Federal agencies

20 in carrying out subparagraph (A);

21 (C) develop, in consultation with other ap22 propriate Federal agencies and State and local

23 authorities, appropriate minimum capabilities

24 for communications interoperability for Federal,

25 State, and local public safety agencies;
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1 (D) accelerate, in consultation with other

2 Federal agencies, including the National Insti3 tute of Standards and Technology, the private

4 sector, and nationally recognized standards orga5 nizations as appropriate, the development of na6 tional voluntary consensus standards for public

7 safety interoperable communications;

8 (E) encourage the development and imple9 mentation of flexible and open architectures in10 corporating, where possible, technologies that

11 currently are commercially available, with ap12 propriate levels of security, for short-term and

13 long-term solutions to public safety communica14 tions interoperability;

15 (F) assist other Federal agencies in identi16 fying priorities for research, development, and

17 testing and evaluation with regard to public

18 safety interoperable communications;

19 (G) identify priorities within the Depart20 ment of Homeland Security for research, devel21 opment, and testing and evaluation with regard

22 to public safety interoperable communications;

23 (H) establish coordinated guidance for Fed24 eral grant programs for public safety interoper25 able communications;
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1 (I) provide technical assistance to State and

2 local public safety agencies regarding planning,

3 acquisition strategies, interoperability architec4 tures, training, and other functions necessary to

5 achieve public safety communications interoper6 ability;

7 (J) develop and disseminate best practices

8 to improve public safety communications inter9 operability; and

10 (K) develop appropriate performance meas11 ures and milestones to systematically measure

12 the Nation’s progress towards achieving public

13 safety communications interoperability, includ14 ing the development of national voluntary con15 sensus standards.

16 (2) OFFICE FOR INTEROPERABILITY AND COM17 PATIBILITY.—

18 (A) ESTABLISHMENT OF OFFICE.—The Sec19 retary may establish an Office for Interoper20 ability and Compatibility to carry out this sub21 section.

22 (B) FUNCTIONS.—If the Secretary estab23 lishes such office, the Secretary shall, through

24 such office—
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1 (i) carry out Department of Homeland

2 Security responsibilities and authorities re3 lating to the SAFECOM Program; and

4 (ii) carry out subsection (c) (relating

5 to rapid interoperable communications ca6 pabilities for high risk jurisdictions).

7 (3) APPLICABILITY OF FEDERAL ADVISORY COM8 MITTEE ACT.—The Federal Advisory Committee Act

9 (5 U.S.C. App.) shall not apply to advisory groups

10 established and maintained by the Secretary for pur11 poses of carrying out this subsection.

12 (b) REPORT.—Not later than 120 days after the date

13 of the enactment of this Act, the Secretary shall report to

14 the Congress on Department of Homeland Security plans

15 for accelerating the development of national voluntary con16 sensus standards for public safety interoperable commu17 nications, a schedule of milestones for such development,

18 and achievements of such development.

19 (c) RAPID INTEROPERABLE COMMUNICATIONS CAPA20 BILITIES FOR HIGH RISK JURISDICTIONS.—The Secretary,

21 in consultation with other relevant Federal, State, and local

22 government agencies, shall provide technical, training, and

23 other assistance as appropriate to support the rapid estab24 lishment of consistent, secure, and effective interoperable

25 communications capabilities for emergency response pro-
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1 viders in jurisdictions determined by the Secretary to be

2 at consistently high levels of risk of terrorist attack.

3 (d) MULTI-YEAR INTEROPERABILITY GRANTS.—

4 (1) MULTI-YEAR COMMITMENTS.—In awarding

5 grants to any State, region, local government, or In6 dian tribe for the purposes of enhancing interoperable

7 communications capabilities for emergency response

8 providers, the Secretary may commit to obligate Fed9 eral assistance beyond the current fiscal year, subject

10 to the limitations and restrictions in this subsection.

11 (2) RESTRICTIONS.—

12 (A) TIME LIMIT.—No multi-year interoper13 ability commitment may exceed 3 years in dura14 tion.

15 (B) AMOUNT OF COMMITTED FUNDS.—The

16 total amount of assistance the Secretary has

17 committed to obligate for any future fiscal year

18 under paragraph (1) may not exceed

19 $150,000,000.

20 (3) LETTERS OF INTENT.—

21 (A) ISSUANCE.—Pursuant to paragraph

22 (1), the Secretary may issue a letter of intent to

23 an applicant committing to obligate from future

24 budget authority an amount, not more than the

25 Federal Government’s share of the project’s cost,
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1 for an interoperability communications project

2 (including interest costs and costs of formulating

3 the project).

4 (B) SCHEDULE.—A letter of intent under

5 this paragraph shall establish a schedule under

6 which the Secretary will reimburse the applicant

7 for the Federal Government’s share of the

8 project’s costs, as amounts become available, if

9 the applicant, after the Secretary issues the let10 ter, carries out the project before receiving

11 amounts under a grant issued by the Secretary.

12 (C) NOTICE TO SECRETARY.—An applicant

13 that is issued a letter of intent under this sub14 section shall notify the Secretary of the appli15 cant’s intent to carry out a project pursuant to

16 the letter before the project begins.

17 (D) NOTICE TO CONGRESS.—The Secretary

18 shall transmit a written notification to the Con19 gress no later than 3 days before the issuance of

20 a letter of intent under this section.

21 (E) LIMITATIONS.—A letter of intent issued

22 under this section is not an obligation of the

23 Government under section 1501 of title 31,

24 United States Code, and is not deemed to be an

25 administrative commitment for financing. An
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1 obligation or administrative commitment may be

2 made only as amounts are provided in author3 ization and appropriations laws.

4 (F) STATUTORY CONSTRUCTION.—Nothing

5 in this subsection shall be construed—

6 (i) to prohibit the obligation of

7 amounts pursuant to a letter of intent

8 under this subsection in the same fiscal year

9 as the letter of intent is issued; or

10 (ii) to apply to, or replace, Federal as11 sistance intended for interoperable commu12 nications that is not provided pursuant to

13 a commitment under this subsection.

14 (e) INTEROPERABLE COMMUNICATIONS PLANS.—Any

15 applicant requesting funding assistance from the Secretary

16 for interoperable communications for emergency response

17 providers shall submit an Interoperable Communications

18 Plan to the Secretary for approval. Such a plan shall—

19 (1) describe the current state of communications

20 interoperability in the applicable jurisdictions among

21 Federal, State, and local emergency response pro22 viders and other relevant private resources;

23 (2) describe the available and planned use of

24 public safety frequency spectrum and resources for
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1 interoperable communications within such jurisdic2 tions;

3 (3) describe how the planned use of spectrum

4 and resources for interoperable communications is

5 compatible with surrounding capabilities and inter6 operable communications plans of Federal, State, and

7 local governmental entities, military installations,

8 foreign governments, critical infrastructure, and other

9 relevant entities;

10 (4) include a 5-year plan for the dedication of

11 Federal, State, and local government and private re12 sources to achieve a consistent, secure, and effective

13 interoperable communications system, including plan14 ning, system design and engineering, testing and

15 technology development, procurement and installa16 tion, training, and operations and maintenance; and

17 (5) describe how such 5-year plan meets or ex18 ceeds any applicable standards and grant require19 ments established by the Secretary.

20 (f) DEFINITIONS.—In this section:

21 (1) INTEROPERABLE COMMUNICATIONS.—The

22 term ‘‘interoperable communications’’ means the abil23 ity of emergency response providers and relevant Fed24 eral, State, and local government agencies to commu25 nicate with each other as necessary, through a dedi-
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1 cated public safety network utilizing information

2 technology systems and radio communications sys3 tems, and to exchange voice, data, or video with one

4 another on demand, in real time, as necessary.

5 (2) EMERGENCY RESPONSE PROVIDERS.—The

6 term ‘‘emergency response providers’’ has the meaning

7 that term has under section 2 of the Homeland Secu8 rity Act of 2002 (6 U.S.C. 101), as amended by this

9 Act.

10 (g) CLARIFICATION OF RESPONSIBILITY FOR INTER11 OPERABLE COMMUNICATIONS.—

12 (1) UNDER SECRETARY FOR EMERGENCY PRE13 PAREDNESS AND RESPONSE.—Section 502(7) of the

14 Homeland Security Act of 2002 (6 U.S.C. 312(7)) is

15 amended—

16 (A) by striking ‘‘developing comprehensive

17 programs for developing interoperative commu18 nications technology, and’’; and

19 (B) by striking ‘‘such’’ and inserting ‘‘inter20 operable communications’’.

21 (2) OFFICE FOR DOMESTIC PREPAREDNESS.—

22 Section 430(c) of such Act (6 U.S.C. 238(c)) is

23 amended—

24 (A) in paragraph (7) by striking ‘‘and’’

25 after the semicolon;
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1 (B) in paragraph (8) by striking the period

2 and inserting ‘‘; and’’; and

3 (C) by adding at the end the following:

4 ‘‘(9) helping to ensure the acquisition of inter5 operable communication technology by State and

6 local governments and emergency response pro7 viders.’’.

8 SEC. 5132. SENSE OF CONGRESS REGARDING THE INCIDENT

9 COMMAND SYSTEM.

10 (a) FINDINGS.—The Congress finds that—

11 (1) in Homeland Security Presidential Direc12 tive–5, the President directed the Secretary of Home13 land Security to develop an incident command system

14 to be known as the National Incident Management

15 System (NIMS), and directed all Federal agencies to

16 make the adoption of NIMS a condition for the re17 ceipt of Federal emergency preparedness assistance by

18 States, territories, tribes, and local governments be19 ginning in fiscal year 2005;

20 (2) in March 2004, the Secretary of Homeland

21 Security established NIMS, which provides a unified

22 structural framework for Federal, State, territorial,

23 tribal, and local governments to ensure coordination

24 of command, operations, planning, logistics, finance,
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1 and administration during emergencies involving

2 multiple jurisdictions or agencies; and

3 (3) the National Commission on Terrorist At4 tacks Upon the United States strongly supports the

5 adoption of NIMS by emergency response agencies na6 tionwide, and the decision by the President to condi7 tion Federal emergency preparedness assistance upon

8 the adoption of NIMS.

9 (b) SENSE OF CONGRESS.—It is the sense of the Con10 gress that all levels of government should adopt NIMS, and

11 that the regular use of and training in NIMS by States,

12 territories, tribes, and local governments should be a condi13 tion for receiving Federal preparedness assistance.

14 SEC. 5133. SENSE OF CONGRESS REGARDING UNITED

15 STATES NORTHERN COMMAND PLANS AND

16 STRATEGIES.

17 It is the sense of Congress that the Secretary of Defense

18 should regularly assess the adequacy of United States

19 Northern Command’s plans and strategies with a view to

20 ensuring that the United States Northern Command is pre21 pared to respond effectively to all military and para22 military threats within the United States.
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1 SEC. 5134. REMOVAL OF CIVIL LIABILITY BARRIERS THAT

2 DISCOURAGE THE DONATION OF FIRE EQUIP3 MENT TO VOLUNTEER FIRE COMPANIES.

4 (a) SHORT TITLE.—This section may be cited as the

5 ‘‘Good Samaritan Volunteer Firefighter Assistance Act of

6 2004’’.

7 (b) LIABILITY PROTECTION.—A person who donates

8 fire control or fire rescue equipment to a volunteer fire com9 pany shall not be liable for civil damages under any State

10 or Federal law for personal injuries, property damage or

11 loss, or death proximately caused by the equipment after

12 the donation.

13 (c) EXCEPTIONS.—Subsection (b) does not apply to a

14 person if—

15 (1) the person’s act or omission proximately

16 causing the injury, damage, loss, or death constitutes

17 gross negligence or intentional misconduct; or

18 (2) the person is the manufacturer of the fire

19 control or fire rescue equipment.

20 (d) PREEMPTION.—This section preempts the laws of

21 any State to the extent that such laws are inconsistent with

22 this section, except that notwithstanding subsection (c) this

23 section shall not preempt any State law that provides addi24 tional protection from liability for a person who donates

25 fire control or fire rescue equipment to a volunteer fire com26 pany.
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1 (e) DEFINITIONS.—In this section:

2 (1) PERSON.—The term ‘‘person’’ includes any

3 governmental or other entity.

4 (2) FIRE CONTROL OR RESCUE EQUIPMENT.—

5 The term ‘‘fire control or fire rescue equipment’’ in6 cludes any fire vehicle, fire fighting tool, communica7 tions equipment, protective gear, fire hose, or breath8 ing apparatus.

9 (3) STATE.—The term ‘‘State’’ includes the sev10 eral States, the District of Columbia, the Common11 wealth of Puerto Rico, the Commonwealth of the

12 Northern Mariana Islands, American Samoa, Guam,

13 the Virgin Islands, any other territory or possession

14 of the United States, and any political subdivision of

15 any such State, territory, or possession.

16 (4) VOLUNTEER FIRE COMPANY.—The term ‘‘vol17 unteer fire company’’ means an association of indi18 viduals who provide fire protection and other emer19 gency services, where at least 30 percent of the indi20 viduals receive little or no compensation compared

21 with an entry level full-time paid individual in that

22 association or in the nearest such association with an

23 entry level full-time paid individual.

24 (f) EFFECTIVE DATE.—This section applies only to li25 ability for injury, damage, loss, or death caused by equip-
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1 ment that, for purposes of subsection (b), is donated on or

2 after the date that is 30 days after the date of the enactment

3 of this Act.

4 (g) ATTORNEY GENERAL REVIEW.—

5 (1) IN GENERAL.—The Attorney General of the

6 United States shall conduct a State-by-State review of

7 the donation of firefighter equipment to volunteer fire8 fighter companies during the 5-year period ending on

9 the date of the enactment of this Act.

10 (2) REPORT.—Not later than 6 months after the

11 date of the enactment of this Act, the Attorney Gen12 eral of the United States shall publish and submit to

13 the Congress a report on the results of the review con14 ducted under paragraph (1). The report shall include,

15 for each State, the most effective way to fund fire16 fighter companies, whether first responder funding is

17 sufficient to respond to the Nation’s needs, and the

18 best method to ensure that the equipment donated to

19 volunteer firefighter companies is in usable condition.

20 SEC. 5135. PILOT STUDY TO MOVE WARNING SYSTEMS INTO

21 THE MODERN DIGITAL AGE.

22 (a) PILOT STUDY.—The Secretary of Homeland Secu23 rity, from funds available for improving the national sys24 tem to notify the general public in the event of a terrorist

25 attack, and in consultation with the Attorney General and
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1 the heads of other appropriate Federal agencies, the Na2 tional Association of State Chief Information Officers, and

3 other stakeholders with respect to public warning systems,

4 shall conduct a pilot study under which the Secretary may

5 issue public warnings regarding threats to homeland secu6 rity using a warning system that is similar to the AMBER

7 Alert communications network.

8 (b) REPORT.—Not later than 9 months after the date

9 of the enactment of this Act, the Secretary shall submit to

10 the Congress a report regarding the findings, conclusions,

11 and recommendations of the pilot study.

Attest:

JEFF TRANDAHL,

Clerk.

By

Assistant to the Clerk.
108TH CONGRESS

2D SESSION S. 2845

AMENDMENT