II 

Calendar No. 692

108TH CONGRESS 

2D SESSION S. 2774

To implement the recommendations of the National Commission on Terrorist 

Attacks Upon the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2004

Mr. MCCAIN (for himself, Mr. LIEBERMAN, Mr. SPECTER, Mr. BAYH, Mr. 

GRAHAM of South Carolina, Mr. DASCHLE, Mrs. CLINTON, Mr. NELSON

of Florida, Mr. CORZINE, Ms. MIKULSKI, and Mrs. MURRAY) introduced 

the following bill; which was read the first time 

SEPTEMBER 8, 2004

Read the second time and placed on the calendar 

A BILL

To implement the recommendations of the National Commission on Terrorist Attacks Upon the United States, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘9/

5 11 Commission Report Implementation Act of 2004’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REFORM OF INTELLIGENCE COMMUNITY 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Subtitle A—National Intelligence Authority 

Sec. 111. National Intelligence Authority. 

Sec. 112. National Intelligence Director. 

Sec. 113. Office of the National Intelligence Director. 

Sec. 114. Deputy National Intelligence Directors. 

Sec. 115. National Intelligence Council. 

Sec. 116. General Counsel of the National Intelligence Authority. 

Sec. 117. Inspector General of the National Intelligence Authority. 

Sec. 118. Intelligence Comptroller. 

Sec. 119. Officer for Civil Rights and Civil Liberties of the National Intelligence Authority. 

Sec. 120. Privacy Officer of the National Intelligence Authority. 

Sec. 121. Chief Information Officer of the National Intelligence Authority. 

Subtitle B—Responsibilities and Authorities of National Intelligence Director 

Sec. 131. Provision of national intelligence. 

Sec. 132. Responsibilities of National Intelligence Director. 

Sec. 133. Authorities of National Intelligence Director. 

Sec. 134. Enhanced personnel management. 

Sec. 135. Role of National Intelligence Director in appointment and termination of certain officials responsible for intelligence-related activities. 

Subtitle C—Elements of National Intelligence Authority 

Sec. 141. National Counterterrorism Center. 

Sec. 142. National intelligence centers. 

Subtitle D—Additional Authorities of National Intelligence Authority 

Sec. 151. Use of appropriated funds. 

Sec. 152. Procurement authorities. 

Sec. 153. Personnel matters. 

Sec. 154. Ethics matters. 

Subtitle E—Additional Improvements of Intelligence Activities 

Sec. 161. Availability to public of certain intelligence funding information. 

Sec. 162. Merger of Homeland Security Council into National Security Council. 

Sec. 163. Reform of Central Intelligence Agency. 

Sec. 164. Paramilitary operations. 

Sec. 165. Improvement of intelligence capabilities of the Federal Bureau of Investigation. 

Sec. 166. Report on implementation of intelligence community reform. 
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Subtitle F—Conforming and Other Amendments 

Sec. 171. Restatement and modification of basic authority of the Central Intelligence Agency. 

Sec. 172. Conforming amendments relating to roles of National Intelligence Director and Director of the Central Intelligence Agency. 

Sec. 173. Other conforming amendments. 

Sec. 174. Elements of intelligence community under National Security Act of 

1947. 

Sec. 175. Redesignation of National Foreign Intelligence Program as National 

Intelligence Program. 

Sec. 176. Repeal of superseded authorities. 

Sec. 177. Clerical amendments to National Security Act of 1947. 

Sec. 178. Conforming amendments relating to dual service of certain officials 

as Deputy National Intelligence Directors. 

Sec. 179. Conforming amendment to Inspector General Act of 1978. 

Subtitle G—Other Matters 

Sec. 181. Transfer of Community Management Staff. 

Sec. 182. Transfer of Terrorist Threat Integration Center. 

Sec. 183. Termination of positions of Assistant Directors of Central Intelligence. 

Sec. 184. Termination of Joint Military Intelligence Program. 

Sec. 185. Executive schedule matters. 

Sec. 186. Preservation of intelligence capabilities. 

Sec. 187. General references. 

TITLE II—INFORMATION SHARING 

Sec. 201. Information sharing. 

TITLE III—CONGRESSIONAL REFORM 

Sec. 301. Findings. 

Sec. 302. Reorganization of congressional jurisdiction. 

TITLE IV—PRESIDENTIAL TRANSITION 

Sec. 401. Presidential transition.

TITLE V—THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE 

MILITARY IN THE WAR ON TERRORISM 

Sec. 501. Report on terrorist sanctuaries. 

Sec. 502. Role of Pakistan in countering terrorism. 

Sec. 503. Aid to Afghanistan. 

Sec. 504. The United States-Saudi Arabia relationship. 

Sec. 505. Efforts to combat Islamic terrorism by engaging in the struggle of 

ideas in the Islamic world. 

Sec. 506. United States policy toward dictatorships. 

Sec. 507. Promotion of United States values through broadcast media. 

Sec. 508. Use of United States scholarship and exchange programs in the Islamic world. 

Sec. 509. International Youth Opportunity Fund. 

Sec. 510. Report on the use of economic policies to combat terrorism. 

Sec. 511. Middle East Partnership Initiative. 

Sec. 512. Comprehensive coalition strategy for fighting terrorism. 
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Sec. 513. Detention and humane treatment of captured terrorists.

Sec. 514. Proliferation of weapons of mass destruction. 

Sec. 515. Financing of terrorism. 

TITLE VI—TERRORIST TRAVEL AND EFFECTIVE SCREENING 

Sec. 601. Counterterrorist travel intelligence. 

Sec. 602. Integrated screening system. 

Sec. 603. Biometric entry and exit data system. 

Sec. 604. Travel documents. 

Sec. 605. Exchange of terrorist information. 

Sec. 606. Minimum standards for identification-related documents. 

TITLE VII—TRANSPORTATION SECURITY 

Sec. 701. Definitions. 

Sec. 702. National Strategy for Transportation Security. 

Sec. 703. Use of watchlists for passenger air transportation screening. 

Sec. 704. Enhanced passenger and cargo screening. 

TITLE VIII—NATIONAL PREPAREDNESS 

Sec. 801. Homeland security assistance. 

Sec. 802. The incident command system. 

Sec. 803. National Capital Region Mutual Aid. 

Sec. 804. Assignment of spectrum for public safety. 

Sec. 805. Urban area communications capabilities. 

Sec. 806. Private sector preparedness. 

Sec. 807. Critical infrastructure and readiness assessments. 

Sec. 808. Report on Northern Command and defense of the United States 

homeland. 

TITLE IX—PROTECTION OF CIVIL LIBERTIES 

Sec. 901. Privacy and Civil Liberties Oversight Board. 

Sec. 902. Privacy and Civil Liberties Officers. 

1 TITLE I—REFORM OF 

2 INTELLIGENCE COMMUNITY 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘National Intelligence 

5 Authority Act of 2004’’. 

6 SEC. 102. DEFINITIONS. 

7 In this title: 

8 (1) The term ‘‘intelligence’’ includes foreign in9 telligence and counterintelligence. 
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1 (2) The term ‘‘foreign intelligence’’ means in2 formation relating to the capabilities, intentions, or 

3 activities of foreign governments or elements thereof, 

4 foreign organizations, or foreign persons, or inter5 national terrorist activities. 

6 (3) The term ‘‘counterintelligence’’ means infor7 mation gathered, and activities conducted, to protect 

8 against espionage, other intelligence activities, sabo9 tage, or assassinations conducted by or on behalf of 

10 foreign governments or elements thereof, foreign or11 ganizations, or foreign persons, or international ter12 rorist activities. 

13 (4) The term ‘‘intelligence community’’ includes 

14 the following: 

15 (A) The National Intelligence Authority. 

16 (B) The Central Intelligence Agency. 

17 (C) The National Security Agency. 

18 (D) The Defense Intelligence Agency. 

19 (E) The National Geospatial-Intelligence 

20 Agency. 

21 (F) The National Reconnaissance Office. 

22 (G) Other offices within the Department of 

23 Defense for the collection of specialized national 

24 intelligence through reconnaissance programs. 
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1 (H) The intelligence elements of the Army, 

2 the Navy, the Air Force, the Marine Corps, the 

3 Federal Bureau of Investigation, and the De4 partment of Energy. 

5 (I) The Bureau of Intelligence and Re6 search of the Department of State. 

7 (J) The Office of Intelligence and Analysis 

8 of the Department of the Treasury. 

9 (K) The elements of the Department of 

10 Homeland Security concerned with the analysis 

11 of intelligence information, including the Office 

12 of Intelligence of the Coast Guard. 

13 (L) Such other elements of any other de14 partment or agency as may be designated by 

15 the President, or designated jointly by the Na16 tional Intelligence Director and the head of the 

17 department or agency concerned, as an element 

18 of the intelligence community. 

19 (5) The terms ‘‘national intelligence’’ and ‘‘in20 telligence related to the national security’’— 

21 (A) each refer to intelligence which per22 tains to the interests of more than one depart23 ment or agency of the Government; and 

24 (B) do not refer to counterintelligence or 

25 law enforcement activities conducted by the 
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1 Federal Bureau of Investigation except to the 

2 extent provided for in procedures agreed to by 

3 the National Intelligence Director and the At4 torney General, or otherwise as expressly pro5 vided for in this title. 

6 (6) The term ‘‘National Intelligence Pro7 gram’’— 

8 (A)(i) refers to all national intelligence 

9 programs, projects, and activities of the ele10 ments of the intelligence community; and 

11 (ii) includes all programs, projects, and ac12 tivities (whether or not pertaining to national 

13 intelligence) of the National Intelligence Au14 thority, the Central Intelligence Agency, the 

15 National Security Agency, the National 

16 Geospatial-Intelligence Agency, the National 

17 Reconnaissance Office, the Office of Intelligence 

18 of the Federal Bureau of Investigation, and the 

19 Directorate of Information Analysis and Infra20 structure Protection of the Department of 

21 Homeland Security; but 

22 (B) does not refer— 

23 (i) to any program, project, or activity 

24 pertaining solely to the requirements of a 
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1 single department, agency, or element of 

2 the United States Government; or 

3 (ii) to any program, project, or activ4 ity of the military departments to acquire 

5 intelligence solely for the planning and 

6 conduct of tactical military operations by 

7 the United States Armed Forces. 

8 (7) The term ‘‘congressional intelligence com9 mittees’’ means— 

10 (A) the Select Committee on Intelligence of 

11 the Senate; and 

12 (B) the Permanent Select Committee on 

13 Intelligence of the House of Representatives. 

14 Subtitle A—National Intelligence 

15 Authority 

16 SEC. 111. NATIONAL INTELLIGENCE AUTHORITY. 

17 (a) INDEPENDENT ESTABLISHMENT.—There is here18 by established as an independent establishment in the ex19 ecutive branch of government the National Intelligence 

20 Authority. 

21 (b) COMPOSITION.—The National Intelligence Au22 thority is composed of the following: 

23 (1) The Office of the National Intelligence Di24 rector. 

25 (2) The elements specified in subtitle C. 
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1 (3) Such other elements, offices, agencies, and 

2 activities as may be designated by law or by the 

3 President as part of the Authority. 

4 (c) PRIMARY MISSIONS.—The primary missions of 

5 the National Intelligence Authority are as follows: 

6 (1) To unify and strengthen the efforts of the 

7 intelligence community. 

8 (2) To ensure the organization of the efforts of 

9 the intelligence community in a collective manner re10 lating to intelligence responsibilities. 

11 (3) To provide for the operation of the National 

12 Counterterrorism Center and the national intel13 ligence centers under subtitle C. 

14 (4) To eliminate barriers in the conduct of the 

15 counterterrorism activities of the United States Gov16 ernment between foreign intelligence activities con17 ducted inside and outside the United States while 

18 ensuring the protection of civil liberties. 

19 (5) To establish clear responsibility and ac20 countability for counterterrorism and other intel21 ligence matters relating to the national security of 

22 the United States. 

23 (d) SEAL.—The National Intelligence Director shall 

24 have a seal for the National Intelligence Authority. The 
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1 design of the seal is subject to the approval of the Presi2 dent. Judicial notice shall be taken of the seal. 

3 SEC. 112. NATIONAL INTELLIGENCE DIRECTOR. 

4 (a) NATIONAL INTELLIGENCE DIRECTOR.—There is 

5 a National Intelligence Director who shall be appointed 

6 by the President, by and with the advice and consent of 

7 the Senate. 

8 (b) INDIVIDUALS ELIGIBLE FOR NOMINATION.—Any 

9 individual nominated for appointment as National Intel10 ligence Director shall have extensive national security ex11 pertise. 

12 (c) PRINCIPAL DUTIES AND RESPONSIBILITIES.— 

13 The National Intelligence Director shall— 

14 (1) serve as head of the intelligence community 

15 in accordance with the provisions of this Act, the 

16 National Security Act of 1947 (50 U.S.C. 401 et 

17 seq.), and other applicable provisions of law; 

18 (2) act as a principal adviser to the President 

19 for intelligence related to the national security; 

20 (3) serve as the head of the National Intel21 ligence Authority (but may not serve as the Director 

22 of the Central Intelligence Agency); and 

23 (4) direct, manage, and oversee the execution of 

24 the National Intelligence Program. 
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1 (d) GENERAL RESPONSIBILITIES AND AUTHORI2 TIES.—In carrying out the duties and responsibilities set 

3 forth in subsection (c), the National Intelligence Director 

4 shall have the responsibilities set forth in section 132 and 

5 the authorities set forth in section 133 and other applica6 ble provisions of law. 

7 SEC. 113. OFFICE OF THE NATIONAL INTELLIGENCE DIREC8 TOR. 

9 (a) OFFICE OF NATIONAL INTELLIGENCE DIREC10 TOR.—There is within the National Intelligence Authority 

11 an Office of the National Intelligence Director. 

12 (b) FUNCTION.—The function of the Office of the 

13 National Intelligence Director is to assist the National In14 telligence Director in carrying out the duties and respon15 sibilities of the Director under this Act, the National Secu16 rity Act of 1947 (50 U.S.C. 401 et seq.), and other appli17 cable provisions of law, and to carry out such other duties 

18 as may be prescribed by the President or by law. 

19 (c) COMPOSITION.—The Office of the National Intel20 ligence Director is composed of the following: 

21 (1) The Deputy National Intelligence Director. 

22 (2) The Deputy National Intelligence Director 

23 for Foreign Intelligence. 

24 (3) The Deputy National Intelligence Director 

25 for Defense Intelligence. 
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1 (4) The Deputy National Intelligence Director 

2 for Homeland Intelligence. 

3 (5) The National Intelligence Council. 

4 (6) The General Counsel of the National Intel5 ligence Authority. 

6 (7) The Inspector General of the National In7 telligence Authority. 

8 (8) The Intelligence Comptroller. 

9 (9) The Officer for Civil Rights and Civil Lib10 erties of the National Intelligence Authority. 

11 (10) The Privacy Officer of the National Intel12 ligence Authority. 

13 (11) The Chief Information Officer of the Na14 tional Intelligence Authority. 

15 (12) Such other offices and officials as may be 

16 established by law or the Director may establish or 

17 designate in the Office. 

18 (d) STAFF.—(1) To assist the National Intelligence 

19 Director in fulfilling the duties and responsibilities of the 

20 Director, the Director shall employ and utilize in the Of21 fice of the National Intelligence Director a professional 

22 staff having an expertise in matters relating to such duties 

23 and responsibilities, and may establish permanent posi24 tions and appropriate rates of pay with respect to that 

25 staff. 
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1 (2) The staff of the Office under paragraph (1) shall 

2 include the elements of the Community Management Staff 

3 that are transferred to the Office under section 181. 

4 SEC. 114. DEPUTY NATIONAL INTELLIGENCE DIRECTORS. 

5 (a) DEPUTY NATIONAL INTELLIGENCE DIRECTOR.— 

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

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

8 and consent of the Senate. 

9 (2) Any individual nominated for appointment as 

10 Deputy National Intelligence Director shall have extensive 

11 national security experience and management expertise. 

12 (3) The individual serving as Deputy National Intel13 ligence Director may not serve in any capacity in any 

14 other element of the intelligence community. 

15 (4) The Deputy National Intelligence Director shall 

16 assist the National Intelligence Director in carrying out 

17 the duties and responsibilities of the Director. 

18 (5) The Deputy National Intelligence Director shall 

19 act for, and exercise the powers of, the National Intel20 ligence Director during the absence or disability of the Na21 tional Intelligence Director or during a vacancy in the po22 sition of National Director of Intelligence. 

23 (b) DEPUTY NATIONAL INTELLIGENCE DIRECTOR

24 FOR FOREIGN INTELLIGENCE.—(1) There is a Deputy 

25 National Intelligence Director for Foreign Intelligence. 
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1 (2) The Director of the Central Intelligence Agency 

2 under section 103 of the National Security Act of 1947 

3 also serves as the Deputy National Intelligence Director 

4 for Foreign Intelligence. 

5 (3) In the capacity as Deputy National Intelligence 

6 Director for Foreign Intelligence, the Deputy Director 

7 shall— 

8 (A) have the duties and responsibilities speci9 fied in subsection (e) with respect to the elements of 

10 the intelligence community (as determined by the 

11 National Intelligence Director) that are responsible 

12 for foreign intelligence matters; and 

13 (B) such other duties, responsibilities, and au14 thorities with respect to foreign intelligence as the 

15 Director may assign. 

16 (c) DEPUTY NATIONAL INTELLIGENCE DIRECTOR

17 FOR DEFENSE INTELLIGENCE.—(1) There is a Deputy 

18 National Intelligence Director for Defense Intelligence. 

19 (2) The Under Secretary of Defense for Intelligence 

20 under section 137 of title 10, United States Code, also 

21 serves as the Deputy National Intelligence Director for 

22 Defense Intelligence. 

23 (3) In the capacity as Deputy National Intelligence 

24 Director for Defense Intelligence, the Deputy Director 

25 shall— 
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1 (A) have the duties and responsibilities speci2 fied in subsection (e) with respect to the elements of 

3 the intelligence community (as determined by the 

4 National Intelligence Director) that are responsible 

5 for defense intelligence matters; and 

6 (B) such other duties, responsibilities, and au7 thorities with respect to foreign intelligence as the 

8 Director may assign. 

9 (d) DEPUTY NATIONAL INTELLIGENCE DIRECTOR

10 FOR HOMELAND INTELLIGENCE.—(1) There is a Deputy 

11 National Intelligence Director for Homeland Intelligence. 

12 (2)(A) At the election of the National Intelligence Di13 rector, one of the officials specified in subparagraph (B) 

14 also serves as the Deputy National Intelligence Director 

15 for Homeland Intelligence. 

16 (B) The officials specified in this subparagraph are 

17 as follows: 

18 (i) The Under Secretary of Homeland Security 

19 for Information Analysis and Infrastructure Protec20 tion under section 201 of the Homeland Security 

21 Act of 2002 (6 U.S.C. 121). 

22 (ii) The Executive Assistant Director for Intel23 ligence of the Federal Bureau of Investigation. 
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1 (3) In the capacity as Deputy National Intelligence 

2 Director for Homeland Intelligence, the Deputy Director 

3 shall— 

4 (A) have the duties and responsibilities speci5 fied in subsection (e) with respect to the elements of 

6 the intelligence community (as determined by the 

7 National Intelligence Director) that are responsible 

8 for homeland intelligence matters; and 

9 (B) such other duties, responsibilities, and au10 thorities with respect to homeland intelligence as the 

11 Director may assign. 

12 (e) DUTIES AND RESPONSIBILITIES REGARDING

13 SPECIFIC INTELLIGENCE MATTERS.—Each Deputy Na14 tional Intelligence Director shall assist the National Intel15 ligence Director and the Deputy National Intelligence Di16 rector under subsection (a) in— 

17 (1) managing the collection, analysis, produc18 tion, and dissemination of intelligence in accordance 

19 with the standards, requirements, and priorities es20 tablished by the National Intelligence Director; 

21 (2) ensuring the acquisition of collection sys22 tems in accordance with the standards, require23 ments, and priorities established by the National In24 telligence Director; 
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1 (3) setting standards, requirements, and prior2 ities for the hiring and training of personnel; 

3 (4) assigning or detailing personnel as staff of 

4 the national intelligence centers; 

5 (5) overseeing the performance of the national 

6 intelligence centers, subject to the direction of the 

7 National Intelligence Director; 

8 (6) ensuring that the intelligence community 

9 makes better use of open source information and 

10 analysis; and 

11 (7) coordinating among the agencies, elements, 

12 and components of the intelligence community. 

13 SEC. 115. NATIONAL INTELLIGENCE COUNCIL. 

14 (a) NATIONAL INTELLIGENCE COUNCIL.—There is a 

15 National Intelligence Council. 

16 (b) COMPOSITION.—(1) The National Intelligence 

17 Council shall be composed of senior analysts within the 

18 intelligence community and substantive experts from the 

19 public and private sector, who shall be appointed by, re20 port to, and serve at the pleasure of, the National Intel21 ligence Director. 

22 (2) The Director shall prescribe appropriate security 

23 requirements for personnel appointed from the private sec24 tor as a condition of service on the Council, or as contrac25 tors of the Council or employees of such contractors, to 
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1 ensure the protection of intelligence sources and methods 

2 while avoiding, wherever possible, unduly intrusive re3 quirements which the Director considers to be unnecessary 

4 for this purpose. 

5 (c) DUTIES AND RESPONSIBILITIES.—(1) The Na6 tional Intelligence Council shall— 

7 (A) subject to paragraph (2), produce national 

8 intelligence estimates for the United States Govern9 ment, including, whenever the Council considers ap10 propriate, alternative views held by elements of the 

11 intelligence community; 

12 (B) evaluate community-wide collection and 

13 production of intelligence by the intelligence commu14 nity and the requirements and resources of such col15 lection and production; and 

16 (C) otherwise assist the National Intelligence 

17 Director in carrying out the responsibilities of the 

18 Director under section 131. 

19 (2) The National Intelligence Director shall ensure 

20 that the Council satisfies the needs of policymakers and 

21 other consumers of intelligence by ensuring that each na22 tional intelligence estimate under paragraph (1)— 

23 (A) states separately, and distinguishes be24 tween, the intelligence underlying such estimate and 
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1 the assumptions and judgments of analysts with re2 spect to such intelligence and such estimate; 

3 (B) describes the quality and reliability of the 

4 intelligence underlying such estimate; 

5 (C) presents and explains alternative conclu6 sions, if any, with respect to the intelligence under7 lying such estimate and such estimate; and 

8 (D) characterizes the uncertainties, if any, and 

9 confidence in such estimate. 

10 (d) SERVICE AS SENIOR INTELLIGENCE ADVISERS.— 

11 Within their respective areas of expertise and under the 

12 direction of the National Intelligence Director, the mem13 bers of the National Intelligence Council shall constitute 

14 the senior intelligence advisers of the intelligence commu15 nity for purposes of representing the views of the intel16 ligence community within the United States Government. 

17 (e)AUTHORITY TO CONTRACT.—Subject to the direc18 tion and control of the National Intelligence Director, the 

19 National Intelligence Council may carry out its respon20 sibilities under this section by contract, including con21 tracts for substantive experts necessary to assist the 

22 Council with particular assessments under this section. 

23 (f) STAFF.—The National Intelligence Director shall 

24 make available to the National Intelligence Council such 
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1 staff as may be necessary to permit the Council to carry 

2 out its responsibilities under this section. 

3 (g) AVAILABILITY OF COUNCIL AND STAFF.—(1) 

4 The National Intelligence Director shall take appropriate 

5 measures to ensure that the National Intelligence Council 

6 and its staff satisfy the needs of policymaking officials and 

7 other consumers of intelligence. 

8 (2) The Council shall be readily accessible to policy9 making officials and other appropriate individuals not oth10 erwise associated with the intelligence community. 

11 (h) SUPPORT.—The heads of the elements of the in12 telligence community shall, as appropriate, furnish such 

13 support to the National Intelligence Council, including the 

14 preparation of intelligence analyses, as may be required 

15 by the National Intelligence Director. 

16 SEC. 116. GENERAL COUNSEL OF THE NATIONAL INTEL17 LIGENCE AUTHORITY. 

18 (a) GENERAL COUNSEL OF NATIONAL INTEL19 LIGENCE AUTHORITY.—There is a General Counsel of the 

20 National Intelligence Authority who shall be appointed 

21 from civilian life by the President, by and with the advice 

22 and consent of the Senate. 

23 (b) PROHIBITION ON DUAL SERVICE AS GENERAL

24 COUNSEL OF ANOTHER AGENCY.—The individual serving 

25 in the position of General Counsel of the National Intel-
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1 ligence Authority may not, while so serving, also serve as 

2 the General Counsel of any other department, agency, or 

3 element of the United States Government. 

4 (c) SCOPE OF POSITION.—The General Counsel of 

5 the National Intelligence Authority is the chief legal offi6 cer of the National Intelligence Authority. 

7 (d) FUNCTIONS.—The General Counsel of the Na8 tional Intelligence Authority shall perform such functions 

9 as the National Intelligence Director may prescribe. 

10 SEC. 117. INSPECTOR GENERAL OF THE NATIONAL INTEL11 LIGENCE AUTHORITY. 

12 (a) OFFICE OF INSPECTOR GENERAL OF NATIONAL

13 INTELLIGENCE AUTHORITY.—There is an Office of the 

14 Inspector General of the National Intelligence Authority. 

15 (b) PURPOSE.—The purpose of the Office of the In16 spector General of the National Intelligence Authority is 

17 to— 

18 (1) create an objective and effective office, ap19 propriately accountable to Congress, to initiate and 

20 conduct independently investigations, inspections, 

21 and audits relating to— 

22 (A) the programs and operations of the 

23 National Intelligence Authority; 
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1 (B) the relationships among the elements 

2 of the intelligence community within the Na3 tional Intelligence Program; and 

4 (C) the relationship of the Authority with 

5 the other elements of the intelligence commu6 nity; 

7 (2) provide leadership and recommend policies 

8 designed to promote economy, efficiency, and effec9 tiveness in the administration of such programs and 

10 operations, and in the relationships described in 

11 paragraph (1), and to detect fraud and abuse in 

12 such programs, operations, and relationships; 

13 (3) provide a means for keeping the National 

14 Intelligence Director fully and currently informed 

15 about problems and deficiencies relating to the ad16 ministration of such programs and operations, and 

17 in such relationships, and the necessity for, and the 

18 progress of, corrective actions; and 

19 (4) in the manner prescribed by this section, 

20 ensure that the congressional intelligence committees 

21 are kept similarly informed of significant problems 

22 and deficiencies relating to the administration of 

23 such programs and operations, and in such relation24 ships, as well as the necessity for, and the progress 

25 of, corrective actions. 
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1 (c) INSPECTOR GENERAL OF NATIONAL INTEL2 LIGENCE AUTHORITY.—(1) There is an Inspector General 

3 of the National Intelligence Authority, who shall be the 

4 head of the Office of the Inspector General of the National 

5 Intelligence Authority, who shall be appointed from civil6 ian life by the President, by and with the advice and con7 sent of the Senate. 

8 (2) The nomination of an individual for appointment 

9 as Inspector General shall be made— 

10 (A) without regard to political affiliation; 

11 (B) solely on the basis of integrity, compliance 

12 with the security standards of the National Intel13 ligence Authority, and prior experience in the field 

14 of intelligence or national security; and 

15 (C) on the basis of demonstrated ability in ac16 counting, financial analysis, law, management anal17 ysis, public administration, or auditing. 

18 (3) The Inspector General shall report directly to and 

19 be under the general supervision of the National Intel20 ligence Director. 

21 (4) The Inspector General may be removed from of22 fice only by the President. The President shall imme23 diately communicate in writing to the congressional intel24 ligence committees the reasons for the removal of any indi25 vidual from the position of Inspector General. 
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1 (d) DUTIES AND RESPONSIBILITIES.—It shall be the 

2 duty and responsibility of the Inspector General of the Na3 tional Intelligence Authority— 

4 (1) to provide policy direction for, and to plan, 

5 conduct, supervise, and coordinate independently, 

6 the investigations, inspections, and audits relating to 

7 the programs and operations of the National Intel8 ligence Authority, and in the relationships among 

9 the elements of the intelligence community within 

10 the National Intelligence Program, to ensure they 

11 are conducted efficiently and in accordance with ap12 plicable law and regulations; 

13 (2) to keep the National Intelligence Director 

14 fully and currently informed concerning violations of 

15 law and regulations, violations of civil liberties and 

16 privacy, and fraud and other serious problems, 

17 abuses, and deficiencies that may occur in such pro18 grams and operations, and in the relationships de19 scribed in paragraph (1), and to report the progress 

20 made in implementing corrective action; 

21 (3) to take due regard for the protection of in22 telligence sources and methods in the preparation of 

23 all reports issued by the Inspector General, and, to 

24 the extent consistent with the purpose and objective 

25 of such reports, take such measures as may be ap-
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1 propriate to minimize the disclosure of intelligence 

2 sources and methods described in such reports; and 

3 (4) in the execution of the duties and respon4 sibilities under this section, to comply with generally 

5 accepted government auditing standards. 

6 (e) LIMITATIONS ON ACTIVITIES.—(1) The National 

7 Intelligence Director may prohibit the Inspector General 

8 of the National Intelligence Authority from initiating, car9 rying out, or completing any investigation, inspection, or 

10 audit if the Director determines that such prohibition is 

11 necessary to protect vital national security interests of the 

12 United States. 

13 (2) If the Director exercises the authority under 

14 paragraph (1), the Director shall submit an appropriately 

15 classified statement of the reasons for the exercise of such 

16 authority within seven days to the congressional intel17 ligence committees. 

18 (3) The Director shall advise the Inspector General 

19 at the time a report under paragraph (1) is submitted, 

20 and, to the extent consistent with the protection of intel21 ligence sources and methods, provide the Inspector Gen22 eral with a copy of such report. 

23 (4) The Inspector General may submit to the con24 gressional intelligence committees any comments on a re25 port of which the Inspector General has notice under para-
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1 graph (3) that the Inspector General considers appro2 priate. 

3 (f) AUTHORITIES.—(1) The Inspector General of the 

4 National Intelligence Authority shall have direct and 

5 prompt access to the National Intelligence Director when 

6 necessary for any purpose pertaining to the performance 

7 of the duties of the Inspector General. 

8 (2)(A) The Inspector General shall have access to any 

9 employee, or any employee of a contractor, of the National 

10 Intelligence Authority whose testimony is needed for the 

11 performance of the duties of the Inspector General. 

12 (B) The Inspector General shall have direct access 

13 to all records, reports, audits, reviews, documents, papers, 

14 recommendations, or other material which relate to the 

15 programs and operations with respect to which the Inspec16 tor General has responsibilities under this section. 

17 (C) The level of classification or compartmentation 

18 of information shall not, in and of itself, provide a suffi19 cient rationale for denying the Inspector General access 

20 to any materials under subparagraph (B). 

21 (D) Failure on the part of any employee or contractor 

22 to cooperate with the Inspector General shall be grounds 

23 for appropriate administrative actions by the Director, in24 cluding loss of employment or the termination of an exist25 ing contractual relationship. 
27 

•S 2774 PCS 

1 (3) The Inspector General is authorized to receive 

2 and investigate complaints or information from any person 

3 concerning the existence of an activity constituting a viola4 tion of laws, rules, or regulations, or mismanagement, 

5 gross waste of funds, abuse of authority, or a substantial 

6 and specific danger to the public health and safety. Once 

7 such complaint or information has been received from an 

8 employee of the Authority— 

9 (A) the Inspector General shall not disclose the 

10 identity of the employee without the consent of the 

11 employee, unless the Inspector General determines 

12 that such disclosure is unavoidable during the course 

13 of the investigation or the disclosure is made to an 

14 official of the Department of Justice responsible for 

15 determining whether a prosecution should be under16 taken; and 

17 (B) no action constituting a reprisal, or threat 

18 of reprisal, for making such complaint or disclosing 

19 such information may be taken by any employee of 

20 the Authority in a position to take such actions, un21 less such complaint was made or such information 

22 was disclosed with the knowledge that it was false 

23 or with willful disregard for its truth or falsity. 

24 (4) The Inspector General shall have authority to ad25 minister to or take from any person an oath, affirmation, 
28 

•S 2774 PCS 

1 or affidavit, whenever necessary in the performance of the 

2 duties of the Inspector General, which oath, affirmation, 

3 or affidavit when administered or taken by or before an 

4 employee of the Office of the Inspector General of the Na5 tional Intelligence Authority designated by the Inspector 

6 General shall have the same force and effect as if adminis7 tered or taken by or before an officer having a seal. 

8 (5)(A) Except as provided in subparagraph (B), the 

9 Inspector General is authorized to require by subpoena the 

10 production of all information, documents, reports, an11 swers, records, accounts, papers, and other data and docu12 mentary evidence necessary in the performance of the du13 ties and responsibilities of the Inspector General. 

14 (B) In the case of departments, agencies, and other 

15 elements of the United States Government, the Inspector 

16 General shall obtain information, documents, reports, an17 swers, records, accounts, papers, and other data and evi18 dence for the purpose specified in subparagraph (A) using 

19 procedures other than by subpoenas. 

20 (C) The Inspector General may not issue a subpoena 

21 for or on behalf of any other element or component of the 

22 Authority. 

23 (D) In the case of contumacy or refusal to obey a 

24 subpoena issued under this paragraph, the subpoena shall 
29 

•S 2774 PCS 

1 be enforceable by order of any appropriate district court 

2 of the United States. 

3 (g) STAFF AND OTHER SUPPORT.—(1) The Inspec4 tor General of the National Intelligence Authority shall be 

5 provided with appropriate and adequate office space at 

6 central and field office locations, together with such equip7 ment, office supplies, maintenance services, and commu8 nications facilities and services as may be necessary for 

9 the operation of such offices. 

10 (2)(A) Subject to applicable law and the policies of 

11 the National Intelligence Director, the Inspector General 

12 shall select, appoint and employ such officers and employ13 ees as may be necessary to carry out the functions of the 

14 Inspector General. 

15 (B) In making selections under subparagraph (A), 

16 the Inspector General shall ensure that such officers and 

17 employees have the requisite training and experience to 

18 enable the Inspector General to carry out the duties of 

19 the Inspector General effectively. 

20 (C) In meeting the requirements of this paragraph, 

21 the Inspector General shall create within the Office of the 

22 Inspector General of the National Intelligence Authority 

23 a career cadre of sufficient size to provide appropriate con24 tinuity and objectivity needed for the effective perform25 ance of the duties of the Inspector General. 
30 

•S 2774 PCS 

1 (3)(A) Subject to the concurrence of the Director, the 

2 Inspector General may request such information or assist3 ance as may be necessary for carrying out the duties and 

4 responsibilities of the Inspector General from any depart5 ment, agency, or other element of the United States Gov6 ernment. 

7 (B) Upon request of the Inspector General for infor8 mation or assistance under subparagraph (A), the head 

9 of the department, agency, or element concerned shall, in10 sofar as is practicable and not in contravention of any ex11 isting statutory restriction or regulation of the depart12 ment, agency, or element, furnish to the Inspector Gen13 eral, or to an authorized designee, such information or as14 sistance. 

15 (h) REPORTS.—(1)(A) The Inspector General of the 

16 National Intelligence Authority shall, not later than Janu17 ary 31 and July 31 of each year, prepare and submit to 

18 the National Intelligence Director a classified semiannual 

19 report summarizing the activities of the Office of the In20 spector General of the National Intelligence Authority 

21 during the immediately preceding six-month periods end22 ing December 31 (of the preceding year) and June 30, 

23 respectively. 

24 (B) Each report under this paragraph shall include, 

25 at a minimum, the following: 
31 

•S 2774 PCS 

1 (i) A list of the title or subject of each inves2 tigation, inspection, or audit conducted during the 

3 period covered by such report. 

4 (ii) A description of significant problems, 

5 abuses, and deficiencies relating to the administra6 tion of programs and operations of the National In7 telligence Authority identified by the Inspector Gen8 eral during the period covered by such report. 

9 (iii) A description of the recommendations for 

10 corrective action made by the Inspector General dur11 ing the period covered by such report with respect 

12 to significant problems, abuses, or deficiencies iden13 tified in clause (ii). 

14 (iv) A statement whether or not corrective ac15 tion has been completed on each significant rec16 ommendation described in previous semiannual re17 ports, and, in a case where corrective action has 

18 been completed, a description of such corrective ac19 tion. 

20 (v) An assessment of the effectiveness of all 

21 measures in place in the Authority for the protection 

22 of civil liberties and privacy of United States per23 sons. 

24 (vi) A certification whether or not the Inspector 

25 General has had full and direct access to all infor-
32 

•S 2774 PCS 

1 mation relevant to the performance of the functions 

2 of the Inspector General. 

3 (vii) A description of the exercise of the sub4 poena authority under subsection (f)(5) by the In5 spector General during the period covered by such 

6 report. 

7 (viii) Such recommendations as the Inspector 

8 General considers appropriate for legislation to pro9 mote economy and efficiency in the administration of 

10 programs and operations undertaken by the Author11 ity, and to detect and eliminate fraud and abuse in 

12 such programs and operations. 

13 (C) Not later than 30 days after the date of the sub14 mittal of a report under subparagraph (A), the Director 

15 shall transmit the report to the congressional intelligence 

16 committees together with any comments the Director con17 siders appropriate. 

18 (2)(A) The Inspector General shall report imme19 diately to the Director whenever the Inspector General be20 comes aware of particularly serious or flagrant problems, 

21 abuses, or deficiencies relating to the administration of 

22 programs or operations of the Authority or regarding rela23 tionships among the elements of the intelligence commu24 nity within the National Intelligence Program. 
33 

•S 2774 PCS 

1 (B) The Director shall transmit to the congressional 

2 intelligence committees each report under subparagraph 

3 (A) within seven calendar days of receipt of such report, 

4 together with such comments as the Director considers ap5 propriate. 

6 (3) In the event that— 

7 (A) the Inspector General is unable to resolve 

8 any differences with the Director affecting the exe9 cution of the duties or responsibilities of the Inspec10 tor General; 

11 (B) an investigation, inspection, or audit car12 ried out by the Inspector General should focus on 

13 any current or former Authority official who holds 

14 or held a position in the Authority that is subject to 

15 appointment by the President, by and with the ad16 vice and consent of the Senate, including such a po17 sition held on an acting basis; 

18 (C) a matter requires a report by the Inspector 

19 General to the Department of Justice on possible 

20 criminal conduct by a current or former official de21 scribed in subparagraph (B); 

22 (D) the Inspector General receives notice from 

23 the Department of Justice declining or approving 

24 prosecution of possible criminal conduct of any cur-
34 

•S 2774 PCS 

1 rent or former official described in subparagraph 

2 (B); or 

3 (E) the Inspector General, after exhausting all 

4 possible alternatives, is unable to obtain significant 

5 documentary information in the course of an inves6 tigation, inspection, or audit, 

7 the Inspector General shall immediately notify and submit 

8 a report on such matter to the congressional intelligence 

9 committees. 

10 (4) Pursuant to title V of the National Security Act 

11 of 1947 (50 U.S.C. 413 et seq.), the Director shall submit 

12 to the congressional intelligence committees any report or 

13 findings and recommendations of an investigation, inspec14 tion, or audit conducted by the office which has been re15 quested by the Chairman or Ranking Minority Member 

16 of either committee. 

17 (5)(A) An employee of the Authority, or of a con18 tractor to the Authority, who intends to report to Congress 

19 a complaint or information with respect to an urgent con20 cern may report such complaint or information to the In21 spector General. 

22 (B) Not later than the end of the 14-calendar day 

23 period beginning on the date of receipt from an employee 

24 of a complaint or information under subparagraph (A), 

25 the Inspector General shall determine whether the com-
35 

•S 2774 PCS 

1 plaint or information appears credible. Upon making such 

2 a determination, the Inspector General shall transmit to 

3 the Director a notice of that determination, together with 

4 the complaint or information. 

5 (C) Upon receipt of a transmittal from the Inspector 

6 General under subparagraph (B), the Director shall, with7 in seven calendar days of such receipt, forward such trans8 mittal to the congressional intelligence committees, to9 gether with any comments the Director considers appro10 priate. 

11 (D)(i) If the Inspector General does not find credible 

12 under subparagraph (B) a complaint or information sub13 mitted under subparagraph (A), or does not transmit the 

14 complaint or information to the Director in accurate form 

15 under subparagraph (B), the employee (subject to clause 

16 (ii)) may submit the complaint or information to Congress 

17 by contacting either or both of the congressional intel18 ligence committees directly. 

19 (ii) An employee may contact the intelligence commit20 tees directly as described in clause (i) only if the em21 ployee— 

22 (I) before making such a contact, furnishes to 

23 the Director, through the Inspector General, a state24 ment of the employee’s complaint or information and 
36 

•S 2774 PCS 

1 notice of the employee’s intent to contact the con2 gressional intelligence committees directly; and 

3 (II) obtains and follows from the Director, 

4 through the Inspector General, direction on how to 

5 contact the intelligence committees in accordance 

6 with appropriate security practices. 

7 (iii) A member or employee of one of the congres8 sional intelligence committees who receives a complaint or 

9 information under clause (i) does so in that member or 

10 employee’s official capacity as a member or employee of 

11 such committee. 

12 (E) The Inspector General shall notify an employee 

13 who reports a complaint or information to the Inspector 

14 General under this paragraph of each action taken under 

15 this paragraph with respect to the complaint or informa16 tion. Such notice shall be provided not later than three 

17 days after any such action is taken. 

18 (F) An action taken by the Director or the Inspector 

19 General under this paragraph shall not be subject to judi20 cial review. 

21 (G) In this paragraph, the term ‘‘urgent concern’’ 

22 means any of the following: 

23 (i) A serious or flagrant problem, abuse, viola24 tion of law or Executive order, or deficiency relating 

25 to the funding, administration, or operations of an 
37 

•S 2774 PCS 

1 intelligence activity involving classified information, 

2 but does not include differences of opinions con3 cerning public policy matters. 

4 (ii) A false statement to Congress, or a willful 

5 withholding from Congress, on an issue of material 

6 fact relating to the funding, administration, or oper7 ation of an intelligence activity. 

8 (iii) An action, including a personnel action de9 scribed in section 2302(a)(2)(A) of title 5, United 

10 States Code, constituting reprisal or threat of re11 prisal prohibited under subsection (f)(3)(B) of this 

12 section in response to an employee’s reporting an ur13 gent concern in accordance with this paragraph. 

14 (6) In accordance with section 535 of title 28, United 

15 States Code, the Inspector General shall report to the At16 torney General any information, allegation, or complaint 

17 received by the Inspector General relating to violations of 

18 Federal criminal law that involve a program or operation 

19 of the Authority, consistent with such guidelines as may 

20 be issued by the Attorney General pursuant to subsection 

21 (b)(2) of such section. A copy of each such report shall 

22 be furnished to the Director. 

23 (i) SEPARATE BUDGET ACCOUNT.—The National In24 telligence Director shall, in accordance with procedures to 

25 be issued by the Director in consultation with the congres-
38 

•S 2774 PCS 

1 sional intelligence committees, include in the National In2 telligence Program budget a separate account for the Of3 fice of Inspector General of the National Intelligence Au4 thority. 

5 SEC. 118. INTELLIGENCE COMPTROLLER. 

6 (a) INTELLIGENCE COMPTROLLER.—There is an In7 telligence Comptroller who shall be appointed from civilian 

8 life by the National Intelligence Director. 

9 (b) SUPERVISION.—The Intelligence Comptroller 

10 shall report directly to the National Intelligence Director. 

11 (c) DUTIES.—The Intelligence Comptroller shall— 

12 (1) assist the National Intelligence Director in 

13 the preparation and execution of the budget of the 

14 elements of the intelligence community within the 

15 National Intelligence Program; 

16 (2) assist the Director in participating in the 

17 development by the Secretary of Defense of the an18 nual budget for military intelligence programs and 

19 activities outside the National Intelligence Program; 

20 (3) provide unfettered access to the Director to 

21 financial information under the National Intelligence 

22 Program; 

23 (4) perform such other duties as may be pre24 scribed by the Director or specified by law. 
39 

•S 2774 PCS 

1 SEC. 119. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB2 ERTIES OF THE NATIONAL INTELLIGENCE 

3 AUTHORITY. 

4 (a) OFFICER FOR CIVIL RIGHTS AND CIVIL LIB5 ERTIES OF NATIONAL INTELLIGENCE AUTHORITY.— 

6 There is an Officer for Civil Rights and Civil Liberties 

7 of the National Intelligence Authority who shall be ap8 pointed by the National Intelligence Director. 

9 (b) SUPERVISION.—The Officer for Civil Rights and 

10 Civil Liberties of the National Intelligence Authority shall 

11 report directly to the National Intelligence Director. 

12 (c) DUTIES.—The Officer for Civil Rights and Civil 

13 Liberties of the National Intelligence Authority shall— 

14 (1) assist the National Intelligence Director in 

15 ensuring that the protection of civil rights and civil 

16 liberties is appropriately incorporated in the policies 

17 and procedures developed for and implemented by 

18 the National Intelligence Authority and in the rela19 tionships among the elements of the intelligence 

20 community within the National Intelligence Pro21 gram; 

22 (2) oversee compliance by the Authority, and in 

23 the relationships described in paragraph (1), with 

24 requirements under the Constitution and all laws, 

25 regulations, Executive orders, and implementing 

26 guidelines relating to civil rights and civil liberties; 
40 

•S 2774 PCS 

1 (3) review, investigate, and assess complaints 

2 and other information indicating possible abuses of 

3 civil rights or civil liberties in the administration of 

4 the programs and operations of the Authority, and 

5 in the relationships described in paragraph (1), un6 less, in the determination of the Inspector General 

7 of the National Intelligence Authority, the review, 

8 investigation, or assessment of a particular com9 plaint or information can better be conducted by the 

10 Inspector General; and 

11 (4) perform such other duties as may be pre12 scribed by the Director or specified by law. 

13 SEC. 120. PRIVACY OFFICER OF THE NATIONAL INTEL14 LIGENCE AUTHORITY. 

15 (a) PRIVACY OFFICER OF NATIONAL INTELLIGENCE

16 AUTHORITY.—There is a Privacy Officer of the National 

17 Intelligence Authority who shall be appointed by the Na18 tional Intelligence Director. 

19 (b) DUTIES.—The Privacy Officer of the National In20 telligence Authority shall have primary responsibility for 

21 the privacy policy of the National Intelligence Authority, 

22 including— 

23 (1) assuring that the use of technologies sus24 tain, and do not erode, privacy protections relating 
41 

•S 2774 PCS 

1 to the use, collection, and disclosure of personal in2 formation; 

3 (2) assuring that personal information con4 tained in Privacy Act systems of records is handled 

5 in full compliance with fair information practices as 

6 set out in the Privacy Act of 1974; 

7 (3) conducting privacy impact assessments 

8 when appropriate or as required by law; and 

9 (4) performing such other duties as may be pre10 scribed by the Director or specified by law. 

11 SEC. 121. CHIEF INFORMATION OFFICER OF THE NATIONAL 

12 INTELLIGENCE AUTHORITY. 

13 (a) CHIEF INFORMATION OFFICER OF NATIONAL IN14 TELLIGENCE AUTHORITY.—There is a Chief Information 

15 Officer of the National Intelligence Authority who shall 

16 be appointed by the National Intelligence Director. 

17 (b) DUTIES.—The Chief Information Officer of the 

18 National Intelligence Authority shall— 

19 (1) assist the National Intelligence Director in 

20 developing and implementing an integrated informa21 tion technology network, as required by section 

22 132(a)(14); 

23 (2) develop an enterprise architecture for the 

24 intelligence community and assist the Director in en-
42 

•S 2774 PCS 

1 suring that elements of the intelligence community 

2 comply with such architecture; 

3 (3) ensure that the elements of the intelligence 

4 community have direct and continuous electronic ac5 cess to all information (including unevaluated intel6 ligence) necessary for appropriately cleared analysts 

7 to conduct comprehensive all-source analysis and for 

8 appropriately cleared policymakers to perform their 

9 duties; 

10 (4) review and provide recommendations to the 

11 Director on National Intelligence Program budget 

12 requests for information technology and national se13 curity systems; 

14 (5) assist the Director in promulgating and en15 forcing standards on information technology and na16 tional security systems that apply throughout the in17 telligence community; 

18 (6) provide for the elimination of duplicate in19 formation technology and national security systems 

20 within and between the elements of the intelligence 

21 community; and 

22 (7) perform such other duties with respect to 

23 the information systems and information technology 

24 of the National Intelligence Authority as may be 

25 prescribed by the Director or specified by law. 
43 

•S 2774 PCS 

1 Subtitle B—Responsibilities and 

2 Authorities of National Intel3 ligence Director 

4 SEC. 131. PROVISION OF NATIONAL INTELLIGENCE. 

5 (a) IN GENERAL.—Under the direction of the Na6 tional Security Council, the National Intelligence Director 

7 shall be responsible for providing national intelligence— 

8 (1) to the President; 

9 (2) to the heads of other departments and 

10 agencies of the executive branch; 

11 (3) to the Chairman of the Joint Chiefs of Staff 

12 and senior military commanders; and 

13 (4) where appropriate, to the Senate and House 

14 of Representatives and the committees thereof. 

15 (b) NATIONAL INTELLIGENCE.—Such national intel16 ligence should be timely, objective, independent of political 

17 considerations, and based upon all sources available to the 

18 intelligence community. 

19 SEC. 132. RESPONSIBILITIES OF NATIONAL INTELLIGENCE 

20 DIRECTOR. 

21 (a) IN GENERAL.—The National Intelligence Direc22 tor shall— 

23 (1) develop and present to the President on an 

24 annual basis a unified budget for the intelligence 
44 

•S 2774 PCS 

1 and intelligence-related activities of the United 

2 States Government; 

3 (2) ensure a unified budget for the intelligence 

4 and intelligence-related activities of the United 

5 States Government that reflects an appropriate bal6 ance among the varieties of technical and human in7 telligence methods and analysis; 

8 (3) direct and manage the tasking of collection, 

9 analysis, and dissemination of national intelligence 

10 by elements of the intelligence community, including 

11 the establishment of requirements and priorities of 

12 such tasking; 

13 (4) approve collection and analysis require14 ments, determine collection and analysis priorities, 

15 and resolve conflicts in collection and analysis prior16 ities levied on national intelligence collection and 

17 analysis assets; 

18 (5) establish and oversee the National 

19 Counterterrorism Center under section 141 and the 

20 national intelligence centers under section 142; 

21 (6) establish requirements and priorities for for22 eign intelligence information to be collected under 

23 the Foreign Intelligence Surveillance Act of 1978 

24 (50 U.S.C. 1801 et seq.), and provide assistance to 

25 the Attorney General to ensure that information de-
45 

•S 2774 PCS 

1 rived from electronic surveillance or physical 

2 searches under that Act is disseminated so it may be 

3 used efficiently and effectively for foreign intel4 ligence purposes, except that the Director shall have 

5 no authority to direct, manage, or undertake elec6 tronic surveillance or physical search operations pur7 suant to that Act unless otherwise authorized by 

8 statute or Executive order; 

9 (7) develop and implement, in consultation with 

10 the heads of the other elements of the intelligence 

11 community, personnel policies and programs applica12 ble to the intelligence community that— 

13 (A) facilitate assignments and details of 

14 personnel to the National Counterterrorism 

15 Center under section 141, to national intel16 ligence centers under section 142, and across 

17 agency lines; 

18 (B) set standards for education and train19 ing; 

20 (C) ensure that the personnel of the intel21 ligence community is sufficiently diverse for 

22 purposes of the collection and analysis of intel23 ligence by ensuring the recruitment and train24 ing of women, minorities, and individuals with 
46 

•S 2774 PCS 

1 diverse ethnic, cultural, and linguistic back2 grounds; 

3 (D) make service in more than one element 

4 of the intelligence community a condition of 

5 promotion to such positions within the intel6 ligence community as the Director shall specify; 

7 (E) ensure the effective management and 

8 authority of intelligence community personnel 

9 who are responsible for intelligence community10 wide matters; and 

11 (F) include the enhancements required 

12 under section 134; 

13 (8) promote and evaluate the utility of national 

14 intelligence to consumers within the United States 

15 Government; 

16 (9) ensure that appropriate officials of the 

17 United States Government and other appropriate in18 dividuals have access to a variety of intelligence as19 sessments and analytical views; 

20 (10) protect intelligence sources and methods 

21 from unauthorized disclosure; 

22 (11) establish requirements and procedures for 

23 the classification of information and for access to 

24 classified information; 
47 

•S 2774 PCS 

1 (12) establish requirements and procedures for 

2 the dissemination of classified information by ele3 ments of the intelligence community; 

4 (13) establish information sharing and intel5 ligence reporting guidelines that maximize the dis6 semination of information while protecting intel7 ligence sources and methods; 

8 (14) develop, in consultation with the heads of 

9 appropriate departments and agencies of the United 

10 States Government, an integrated information tech11 nology network that provides for the efficient and 

12 secure exchange of intelligence information among 

13 all elements of the intelligence community and such 

14 other entities and persons as the Director considers 

15 appropriate; 

16 (15) ensure compliance by the elements of the 

17 intelligence community with the Constitution and all 

18 laws, regulations, Executive orders, and imple19 menting guidelines of the United States, including 

20 all laws, regulations, Executive orders, and imple21 menting guidelines relating to the protection of civil 

22 liberties and privacy of United States persons; 

23 (16) eliminate waste and unnecessary duplica24 tion within the intelligence community; and 
48 

•S 2774 PCS 

1 (17) perform such other functions as the Presi2 dent may direct. 

3 (b) UNIFORM PROCEDURES FOR SENSITIVE COM4 PARTMENTED INFORMATION.—The President, acting 

5 through the National Intelligence Director, shall— 

6 (1) establish uniform standards and procedures 

7 for the grant of access to sensitive compartmented 

8 information to any officer or employee of any de9 partment, agency, or element of the United States 

10 Government, and to employees of contractors of such 

11 departments, agencies, and elements; 

12 (2) ensure the consistent implementation of 

13 such standards and procedures throughout the de14 partments, agencies, and elements of the United 

15 States Government; and 

16 (3) ensure that security clearances granted by 

17 individual elements of the intelligence community 

18 are recognized by all elements of the intelligence 

19 community, and under contracts entered into by 

20 such elements. 

21 SEC. 133. AUTHORITIES OF NATIONAL INTELLIGENCE DI22 RECTOR. 

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

25 shall have access to all intelligence related to the national 
49 

•S 2774 PCS 

1 security which is collected by any department, agency, or 

2 other element of the United States Government. 

3 (b) DETERMINATION OF BUDGETS FOR NIP AND

4 OTHER INTELLIGENCE ACTIVITIES.—The National Intel5 ligence Director shall determine the annual budget for in6 telligence and intelligence-related activities of the United 

7 States Government by— 

8 (1) developing and presenting to the President 

9 an annual budget for the National Intelligence Pro10 gram, including, in furtherance of such budget, the 

11 review, modification, and approval of budgets of the 

12 elements of the intelligence community within the 

13 National Intelligence Program utilizing the budget 

14 authorities in subsection (d)(1); 

15 (2) providing guidance on the development of 

16 annual budgets for such elements of the intelligence 

17 community as are not within the National Intel18 ligence Program utilizing the budget authorities in 

19 subsection (d)(2); 

20 (3) participating in the development by the Sec21 retary of Defense of the annual budget for military 

22 intelligence programs and activities outside the Na23 tional Intelligence Program; 

24 (4) having direct jurisdiction of amounts appro25 priated or otherwise made available for the National 
50 

•S 2774 PCS 

1 Intelligence Program as specified in subsection (e); 

2 and 

3 (5) managing and overseeing the execution, 

4 and, if necessary, the modification of the annual 

5 budget for the National Intelligence Program, in6 cluding directing the reprogramming and realloca7 tion of funds, and the transfer of personnel, among 

8 and between elements of the intelligence community 

9 within the National Intelligence Program utilizing 

10 the authorities in subsections (f) and (g). 

11 (c) SCOPE OF NIP AND JMIP.—The National Intel12 ligence Director and the Secretary of Defense shall jointly 

13 review the programs, projects, and activities under the 

14 Joint Military Intelligence Program in order to identify 

15 the programs, projects, and activities within the Joint 

16 Military Intelligence Program as of the date of the enact17 ment of this Act that pertain to national intelligence. Any 

18 programs, projects, and activities so identified are to be 

19 carried out instead within the National Intelligence Pro20 gram. 

21 (d) BUDGET AUTHORITIES.—(1)(A) The National 

22 Intelligence Director shall direct, coordinate, prepare, 

23 modify, and present to the President the annual budgets 

24 of the elements of the intelligence community within the 
51 

•S 2774 PCS 

1 National Intelligence Program, in consultation with the 

2 heads of those elements. 

3 (B) The budget of an element of the intelligence com4 munity within the National Intelligence Program may not 

5 be provided to the President for transmission to Congress 

6 unless the Director has approved such budget. 

7 (2)(A) The Director shall provide guidance for the 

8 development of the annual budgets for such elements of 

9 the intelligence community as are not within the National 

10 Intelligence Program; 

11 (B) The heads of the elements of the intelligence 

12 community referred to in subparagraph (A) shall coordi13 nate closely with the Director in the development of the 

14 budgets of such elements, before the submission of their 

15 recommendations on such budgets to the President. 

16 (e) JURISDICTION OF FUNDS UNDER NIP.—Not17 withstanding any other provision of law and consistent 

18 with section 504 of the National Security Act of 1947 (50 

19 U.S.C. 414), any amounts appropriated or otherwise made 

20 available for the National Intelligence Program shall be 

21 appropriated to, and under the direct jurisdiction of, the 

22 National Intelligence Director. 

23 (f) ROLE IN REPROGRAMMING.—(1) No funds made 

24 available under the National Intelligence Program may be 

25 reprogrammed by any element of the intelligence commu-
52 

•S 2774 PCS 

1 nity within the National Intelligence Program without the 

2 prior approval of the National Intelligence Director except 

3 in accordance with procedures issued by the Director. 

4 (2) The Director shall consult with the appropriate 

5 committees of Congress regarding modifications of exist6 ing procedures to expedite the reprogramming of funds 

7 within the National Intelligence Program. 

8 (g) TRANSFER OF FUNDS OR PERSONNEL WITHIN

9 NATIONAL INTELLIGENCE PROGRAM.—(1)(A) In addition 

10 to any other authorities available under law for such pur11 poses, the National Intelligence Director, with the ap12 proval of the Director of the Office of Management and 

13 Budget, may transfer funds appropriated for a program 

14 within the National Intelligence Program to another such 

15 program and, in accordance with procedures to be devel16 oped by the National Intelligence Director and the heads 

17 of the departments and agencies concerned, may transfer 

18 personnel authorized for an element of the intelligence 

19 community to another such element. 

20 (B) The National Intelligence Director may delegate 

21 a duty of the Director under this subsection only to the 

22 Deputy National Intelligence Director. 

23 (2) A transfer of funds or personnel may be made 

24 under this subsection only if— 
53 

•S 2774 PCS 

1 (A) the funds or personnel are being trans2 ferred to an activity that is a higher priority intel3 ligence activity; 

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

6 (C) the transfer does not involve a transfer of 

7 funds to the Reserve for Contingencies of the Cen8 tral Intelligence Agency. 

9 (3) Funds transferred under this subsection shall re10 main available for the same period as the appropriations 

11 account to which transferred. 

12 (4) Any transfer of funds under this subsection shall 

13 be carried out in accordance with existing procedures ap14 plicable to reprogramming notifications for the appro15 priate congressional committees. Any proposed transfer 

16 for which notice is given to the appropriate congressional 

17 committees shall be accompanied by a report explaining 

18 the nature of the proposed transfer and how it satisfies 

19 the requirements of this subsection. In addition, the con20 gressional intelligence committees shall be promptly noti21 fied of any transfer of funds made pursuant to this sub22 section in any case in which the transfer would not have 

23 otherwise required reprogramming notification under pro24 cedures in effect as of October 24, 1992. 
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1 (5) The National Intelligence Director shall promptly 

2 submit to the congressional intelligence committees and, 

3 in the case of the transfer of personnel to or from the 

4 Department of Defense, the Committee on Armed Services 

5 of the Senate and the Committee on Armed Services of 

6 the House of Representatives, a report on any transfer 

7 of personnel made pursuant to this subsection. The Direc8 tor shall include in any such report an explanation of the 

9 nature of the transfer and how it satisfies the require10 ments of this subsection. 

11 SEC. 134. ENHANCED PERSONNEL MANAGEMENT. 

12 (a) REWARDS FOR SERVICE IN CERTAIN POSI13 TIONS.—(1) The National Intelligence Director shall, 

14 under regulations prescribed by the Director, provide in15 centives for service on the staff of the national intelligence 

16 centers, on the staff of the National Counterterrorism 

17 Center, and in other positions in support of the intel18 ligence community management functions of the Director. 

19 (2) Incentives under paragraph (1) may include fi20 nancial incentives, bonuses, and such other awards and 

21 incentives as the Director considers appropriate. 

22 (b) ENHANCED PROMOTION FOR SERVICE UNDER

23 NID.—(1) Notwithstanding any other provision of law, 

24 the personnel of an element of the intelligence community 

25 who are assigned or detailed to service under the National 
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1 Intelligence Director shall be promoted at rates equivalent 

2 to or better than personnel of such element who are not 

3 so assigned or detailed. 

4 (2) The Director may prescribe regulations to carry 

5 out this section. 

6 (c) JOINT CAREER MATTERS.—(1) In carrying out 

7 section 132(a)(7), the National Intelligence Director shall 

8 prescribe mechanisms to facilitate the rotation of per9 sonnel of the intelligence community through various ele10 ments of the intelligence community in the course of their 

11 careers in order to facilitate the widest possible under12 standing by such personnel of the variety of intelligence 

13 requirements, methods, and disciplines. 

14 (2) The mechanisms prescribed under paragraph (1) 

15 may include the following: 

16 (A) The establishment of special occupational 

17 categories involving service, over the course of a ca18 reer, in more than one element of the intelligence 

19 community. 

20 (B) The provision of rewards for service in posi21 tions undertaking analysis and planning of oper22 ations involving two or more elements of the intel23 ligence community. 

24 (C) The establishment of requirements for edu25 cation, training, service, and evaluation that involve 
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1 service in more than one element of the intelligence 

2 community. 

3 (3) It is the sense of Congress that the mechanisms 

4 prescribed under this subsection should, to the extent 

5 practical, seek to duplicate within the intelligence commu6 nity the joint officer management policies established by 

7 the Goldwater–Nichols Department of Defense Reorga8 nization Act of 1986 (Public Law 99–433) and the amend9 ments on joint officer management made by that Act. 

10 SEC. 135. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN 

11 APPOINTMENT AND TERMINATION OF CER12 TAIN OFFICIALS RESPONSIBLE FOR INTEL13 LIGENCE-RELATED ACTIVITIES. 

14 (a) RECOMMENDATION OF NID IN CERTAIN AP15 POINTMENTS.—(1) In the event of a vacancy in a position 

16 referred to in paragraph (3), the National Intelligence Di17 rector shall recommend to the President an individual for 

18 nomination to fill the vacancy. 

19 (2) Paragraph (1) applies to the following positions: 

20 (A) The Deputy National Intelligence Director. 

21 (B) The Deputy National Intelligence Director 

22 for Foreign Intelligence. 

23 (b) CONCURRENCE OF SECRETARY OF DEFENSE IN

24 CERTAIN APPOINTMENTS RECOMMENDED BY NID.—(1) 

25 In the event of a vacancy in a position referred to in para-
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1 graph (2), the National Intelligence Director shall obtain 

2 the concurrence of the Secretary of Defense before recom3 mending to the President an individual for nomination to 

4 fill such vacancy. If the Secretary does not concur in the 

5 recommendation, the Director may make the recommenda6 tion to the President without the concurrence of the Sec7 retary, but shall include in the recommendation a state8 ment that the Secretary does not concur in the rec9 ommendation. 

10 (2) Paragraph (1) applies to the following positions: 

11 (A) The Director of the National Security 

12 Agency. 

13 (B) The Director of the National Reconnais14 sance Office. 

15 (C) The Director of the National Geospatial-In16 telligence Agency. 

17 (c) CONCURRENCE OF NID IN CERTAIN APPOINT18 MENTS.—(1) In the event of a vacancy in a position re19 ferred to in paragraph (2), the head of the department 

20 or agency having jurisdiction over the position shall obtain 

21 the concurrence of the National Intelligence Director be22 fore appointing an individual to fill the vacancy or recom23 mending to the President an individual to be nominated 

24 to fill the vacancy. If the Director does not concur in the 

25 recommendation, the head of the department or agency 
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1 concerned may fill the vacancy or make the recommenda2 tion to the President (as the case may be) without the 

3 concurrence of the Director, but shall notify the President 

4 that the Director does not concur in appointment or rec5 ommendation (as the case may be). 

6 (2) Paragraph (1) applies to the following positions: 

7 (A) The Under Secretary of Defense for Intel8 ligence. 

9 (B) The Under Secretary of Homeland Security 

10 for Information Analysis and Infrastructure Protec11 tion. 

12 (C) The Director of the Defense Intelligence 

13 Agency. 

14 (D) The Executive Assistant Director for Intel15 ligence of the Federal Bureau of Investigation. 

16 (d) RECOMMENDATION OF NID IN TERMINATION OF

17 SERVICE.—The National Intelligence Director may rec18 ommend to the President or the head of the department 

19 or agency concerned the termination of service of any indi20 vidual serving in any position covered by this section. 
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1 Subtitle C—Elements of National 

2 Intelligence Authority 

3 SEC. 141. NATIONAL COUNTERTERRORISM CENTER. 

4 (a) NATIONAL COUNTERTERRORISM CENTER.— 

5 There is within the National Intelligence Authority a Na6 tional Counterterrorism Center. 

7 (b) DIRECTOR OF NATIONAL COUNTERTERRORISM

8 CENTER.—(1) There is a Director of the National 

9 Counterterrorism Center, who shall be the head of the Na10 tional Counterterrorism Center, who shall be appointed 

11 from civilian life by the President, by and with the advice 

12 and consent of the Senate. 

13 (2) Any individual nominated for appointment as the 

14 Director of the National Counterterrorism Center shall 

15 have significant expertise in matters relating to the na16 tional security of the United States and matters relating 

17 to terrorism that threatens the national security of the 

18 United States. 

19 (c) SUPERVISION.—(1) The Director of the National 

20 Counterterrorism Center shall report to the National In21 telligence Director on— 

22 (A) the budget and programs of the National 

23 Counterterrorism Center; 
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1 (B) the activities of the Directorate of Intel2 ligence of the National Counterterrorism Center 

3 under subsection (f); and 

4 (C) the conduct of intelligence operations imple5 mented by other elements of the intelligence commu6 nity. 

7 (2) The Director of the National Counterterrorism 

8 Center shall report directly to the President and the Na9 tional Security Council on the planning and progress of 

10 joint counterterrorism operations (other than intelligence 

11 operations). 

12 (d) PRIMARY MISSIONS.—The primary missions of 

13 the National Counterterrorism Center shall be as follows: 

14 (1) To unify strategy for the civilian and mili15 tary counterterrorism efforts of the United States 

16 Government. 

17 (2) To effectively integrate counterterrorism in18 telligence and operations across agency boundaries, 

19 both inside and outside the United States. 

20 (e) DUTIES AND RESPONSIBILITIES OF DIRECTOR.— 

21 Notwithstanding any other provision of law, at the direc22 tion of the President and the National Security Council, 

23 the Director of the National Counterterrorism Center 

24 shall— 
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1 (1) serve, through the National Intelligence Di2 rector, as the principal adviser to the President on 

3 intelligence operations relating to counterterrorism; 

4 (2) provide unified strategic direction for the ci5 vilian and military counterterrorism efforts of the 

6 United States Government and for the effective inte7 gration of counterterrorism intelligence and oper8 ations across agency boundaries, both inside and 

9 outside the United States; 

10 (3) advise the President and the National Intel11 ligence Director on the extent to which the 

12 counterterrorism program recommendations and 

13 budget proposals of the departments, agencies, and 

14 elements of the United States Government conform 

15 to the priorities established by the President and the 

16 National Security Council; 

17 (4) concur in, or advise the President on, the 

18 selections of personnel to head the operating entities 

19 of the United States Government with principal mis20 sions relating to counterterrorism, including the 

21 head of the Central Intelligence Agency’s 

22 Counterterrorist Center, the head of the 

23 Counterterrorism Division of the Federal Bureau of 

24 Investigation, the coordinator for counterterrorism 

25 of the Department of State, and the commanders of 
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1 the Special Operations Command and the Northern 

2 Command within the Department of Defense; and 

3 (5) perform such other duties as the National 

4 Intelligence Director may prescribe or are prescribed 

5 by law. 

6 (f) DIRECTORATE OF INTELLIGENCE.—(1) The Di7 rector of the National Counterterrorism Center shall es8 tablish and maintain within the National 

9 Counterterrorism Center a Directorate of Intelligence. 

10 (2) The Directorate shall utilize the capabilities of the 

11 Terrorist Threat Integration Center (TTIC) transferred 

12 to the Directorate by section 182 and such other capabili13 ties as the Director of the National Counterterrorism Cen14 ter considers appropriate. 

15 (3) The Directorate shall have primary responsibility 

16 within the United States Government for analysis of ter17 rorism and terrorist organizations from all sources of in18 telligence, whether collected inside or outside the United 

19 States. 

20 (4) The Directorate shall— 

21 (A) be the principal repository within the 

22 United States Government for all-source information 

23 on suspected terrorists, their organizations, and 

24 their capabilities; 
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1 (B) propose intelligence collection requirements 

2 for action by elements of the intelligence community 

3 inside and outside the United States; 

4 (C) have primary responsibility within the 

5 United States Government for net assessments and 

6 warnings about terrorist threats, which assessments 

7 and warnings shall be based on a comparison of ter8 rorist capabilities with assessed national 

9 vulnerabilities; and 

10 (D) perform such other duties and functions as 

11 the Director of the National Counterterrorism Cen12 ter may prescribe. 

13 (g) DIRECTORATE OF OPERATIONS.—(1) The Direc14 tor of the National Counterterrorism Center shall estab15 lish and maintain within the National Counterterrorism 

16 Center a Directorate of Operations. 

17 (2)(A) The Directorate shall have primary responsi18 bility within the United States Government for providing 

19 guidance and plans, including strategic plans, for joint 

20 counterterrorism operations conducted by the United 

21 States Government. 

22 (B) For purposes of subparagraph (A), joint 

23 counterterrorism operations are counterterrorism oper24 ations that— 
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1 (i) involve, or are likely to involve, more than 

2 one executive agency of the United States Govern3 ment (including the Armed Forces of the United 

4 States); or 

5 (ii) are designated as joint operations by the 

6 Director of the National Counterterrorism Center. 

7 (3) The Directorate shall— 

8 (A) provide guidance, and develop strategy and 

9 plans for operations, to counter terrorist activities 

10 based on policy objectives and priorities established 

11 by the National Security Council; 

12 (B) develop plans under subparagraph (A) uti13 lizing input from personnel in other departments, 

14 agencies, and elements of the United States Govern15 ment who have expertise in the priorities, functions, 

16 assets, programs, capabilities, and operations of 

17 such departments, agencies, and elements with re18 spect to counterterrorism; 

19 (C) assign responsibilities for counterterrorism 

20 operations to the departments, agencies, and ele21 ments of the United States Government (including 

22 the Department of Defense and the Armed Forces, 

23 the Central Intelligence Agency, the Federal Bureau 

24 of Investigation, the Department of Homeland Secu25 rity, and other departments, agencies, and elements 
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1 of the United States Government), consistent with 

2 the authorities of such departments, agencies, and 

3 elements, which operations shall be conducted by the 

4 department, agency, or element to which assigned 

5 and, in the case of operations assigned to units of 

6 the Armed Forces, shall require the concurrence of 

7 the Secretary of Defense; 

8 (D) monitor the implementation of operations 

9 assigned under subparagraph (C) and update plans 

10 for such operations as necessary; 

11 (E) report to the President and the National 

12 Intelligence Director on the compliance of the de13 partments, agencies, and elements of the United 

14 States with the plans developed under subparagraph 

15 (A); and 

16 (F) perform such other duties and functions as 

17 the Director of the National Counterterrorism Cen18 ter may prescribe. 

19 (4) The Directorate may not direct the execution of 

20 operations assigned under paragraph (3). 

21 (h) STAFF.—(1) The Director of the National 

22 Counterterrorism Center may, in the discretion of the Di23 rector, appoint deputy directors of the National 

24 Counterterrorism Center to oversee such portions of the 
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1 operations of the National Counterterrorism Center as the 

2 Director considers appropriate. 

3 (2) To assist the Director of the National 

4 Counterterrorism Center in fulfilling the duties and re5 sponsibilities of the Director under this section, the Direc6 tor shall employ and utilize in the National 

7 Counterterrorism Center a professional staff having an ex8 pertise in matters relating to such duties and responsibil9 ities. 

10 (3) In providing for a professional staff for the Na11 tional Counterterrorism Center under paragraph (2), the 

12 Director of the National Counterterrorism Center may es13 tablish as positions in the excepted service such positions 

14 in the Center as the Director considers appropriate. 

15 (4) The Director of the National Counterterrorism 

16 Center shall ensure, with the approval of the National In17 telligence Director, that the analytical staff of the Na18 tional Counterterrorism Center is comprised primarily of 

19 experts from elements in the intelligence community and 

20 from such other personnel in the United States Govern21 ment as the Director of the National Counterterrorism 

22 Center considers appropriate. 

23 (5)(A) In order to meet the requirement in paragraph 

24 (4), the National Intelligence Director shall— 
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1 (i) transfer to the staff of the National 

2 Counterterrorism Center any personnel of another 

3 element of the intelligence community that the Na4 tional Intelligence Director considers appropriate; 

5 and 

6 (ii) in the case of personnel from a department, 

7 agency, or element of the United States Government 

8 outside the intelligence community, request the 

9 transfer of such personnel from the department, 

10 agency, or element concerned. 

11 (B) The head of a department, agency, or element 

12 of the United States Government receiving a request for 

13 the transfer of personnel under subparagraph (A)(ii) shall, 

14 to the extent practicable, approve the request. 

15 (6) The National Intelligence Director shall ensure 

16 that the staff of the National Counterterrorism Center has 

17 access to all databases maintained by the elements of the 

18 intelligence community that are relevant to the duties of 

19 the Center. 

20 (7) The Director of the National Counterterrorism 

21 Center shall evaluate the staff of the National 

22 Counterterrorism Center in the performance of their du23 ties. 

24 (i) SUPPORT AND COOPERATION OF OTHER AGEN25 CIES.—(1) The elements of the intelligence community 
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1 and the other departments, agencies, and elements of the 

2 United States Government shall support, assist, and co3 operate with the National Counterterrorism Center in car4 rying out its missions under this section. 

5 (2) The support, assistance, and cooperation of a de6 partment, agency, or element of the United States Govern7 ment under this subsection shall include, but not be lim8 ited to— 

9 (A) the implementation of plans for operations, 

10 whether foreign or domestic, that are developed by 

11 the National Counterterrorism Center in a manner 

12 consistent with the laws and regulations of the 

13 United States; 

14 (B) cooperative work with the Director of the 

15 National Counterterrorism Center to ensure that on16 going operations of such department, agency, or ele17 ment do not conflict with joint operations planned 

18 by the Center; 

19 (C) reports, upon request, to the Director of the 

20 National Counterterrorism Center on the progress of 

21 such department, agency, or element in imple22 menting responsibilities assigned to such depart23 ment, agency, or element through joint operations 

24 plans; and 
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1 (D) the provision to the analysts of the Na2 tional Counterterrorism Center electronic access in 

3 real time to information and intelligence collected by 

4 such department, agency, or element that is relevant 

5 to the mission of the Center. 

6 (3)(A) In the event of a disagreement between the 

7 National Counterterrorism Center and the head of a de8 partment, agency, or element of the United States Govern9 ment on a plan developed or responsibility assigned by the 

10 Center under this section, the Director of the National 

11 Counterterrorism Center shall notify the National Secu12 rity Council of the disagreement. 

13 (B) The National Security Council shall resolve each 

14 disagreement of which the Council is notified under sub15 paragraph (A). 

16 SEC. 142. NATIONAL INTELLIGENCE CENTERS. 

17 (a) NATIONAL INTELLIGENCE CENTERS.—(1) The 

18 National Intelligence Director shall establish within the 

19 National Intelligence Authority centers (to be known as 

20 ‘‘national intelligence centers’’) to address intelligence pri21 orities established by the National Security Council. 

22 (2) Each national intelligence center shall be assigned 

23 an area of intelligence responsibility, whether expressed in 

24 terms of a geographic region, in terms of function, or in 

25 other terms. 
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1 (3) National intelligence centers shall be established 

2 at the direction of the President, as prescribed by law, 

3 or upon the initiative of the National Intelligence Director. 

4 (b) ESTABLISHMENT OF CENTERS.—(1) In estab5 lishing a national intelligence center, the National Intel6 ligence Director shall assign lead responsibility for such 

7 center to an element of the intelligence community se8 lected by the Director for that purpose. 

9 (2) The Director shall determine the structure and 

10 size of each national intelligence center. 

11 (3) The Director shall notify Congress of the estab12 lishment of a national intelligence center at least 30 days 

13 before the date of the establishment of the center. 

14 (c) DIRECTORS OF CENTERS.—(1) Each national in15 telligence center shall have as its head a Director who 

16 shall be appointed by the National Intelligence Director 

17 for that purpose. 

18 (2) The Director of a national intelligence center 

19 shall serve as the principal adviser to the National Intel20 ligence Director on intelligence matters with respect to the 

21 area of intelligence responsibility assigned to the center. 

22 (3) In carrying out duties under paragraph (3), the 

23 Director of a national intelligence center shall— 

24 (A) manage the operations of the center; 
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1 (B) coordinate the provision of administration 

2 and support by the element of the intelligence com3 munity with lead responsibility for the center under 

4 subsection (b)(1); 

5 (C) submit budget and personnel requests for 

6 the center to the National Intelligence Director; 

7 (D) seek such assistance from other depart8 ments, agencies, and elements of the United States 

9 Government as are needed to fulfill the mission of 

10 the center; and 

11 (E) advise the National Intelligence Director of 

12 the information technology, personnel, and other re13 quirements of the center for the performance of its 

14 mission. 

15 (4) The National Intelligence Director shall ensure 

16 that the Director of a national intelligence center has suf17 ficient authority, direction, and control over the center to 

18 effectively accomplish the mission of the center. 

19 (d) MISSION OF CENTERS.—(1) Each national intel20 ligence center shall provide all-source analysis of intel21 ligence and propose intelligence collection requirements in 

22 the area of intelligence responsibility assigned to the cen23 ter by the National Intelligence Director pursuant to intel24 ligence priorities established by the National Security 

25 Council. 
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1 (2) Within its area of intelligence responsibility, a na2 tional intelligence center shall— 

3 (A) have primary responsibility for strategic 

4 analysis of intelligence, fusing all-source intelligence 

5 from foreign and domestic sources; 

6 (B) be the principal repository within the 

7 United States Government for all-source informa8 tion; 

9 (C) identify and propose requirements and pri10 orities for intelligence collection; 

11 (D) have primary responsibility within the 

12 United States Government for net assessments, 

13 where applicable, and warnings; 

14 (E) ensure that appropriate officials of the 

15 United States Government and other appropriate in16 dividuals have access to a variety of intelligence as17 sessments and analytical views; 

18 (F) provide advice and guidance to the Presi19 dent, the National Security Council, the National In20 telligence Director, and the heads of other appro21 priate departments, agencies, and elements of the 

22 United States Government; and 

23 (G) perform such other duties and responsibil24 ities as the National Intelligence Director may pre25 scribe. 
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1 (e) INFORMATION SHARING.—(1) The National Intel2 ligence Director shall ensure that the Directors of the na3 tional intelligence centers and the other elements of the 

4 intelligence community undertake appropriate sharing of 

5 intelligence analysis and plans for operations in order to 

6 facilitate the activities of the centers. 

7 (2) In order to facilitate information sharing under 

8 paragraph (1), the Directors of the national intelligence 

9 centers shall— 

10 (A) report directly to the National Intelligence 

11 Director regarding their activities under this section; 

12 and 

13 (B) coordinate with the Deputy National Intel14 ligence Director regarding such activities. 

15 (f) TERMINATION OF CENTERS.—(1) The National 

16 Intelligence Director may terminate a national intelligence 

17 center if the National Intelligence Director determines 

18 that the center is no longer required to meet an intel19 ligence priority established by the National Security Coun20 cil. 

21 (2) The National Intelligence Director shall notify 

22 Congress of the termination of a national intelligence cen23 ter at least 30 days before the date of the termination 

24 of the center. 
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1 (g) STAFF OF CENTERS.—(1) The head of an ele2 ment of the intelligence community shall assign or detail 

3 to a national intelligence center such personnel as the Na4 tional Intelligence Director considers appropriate to carry 

5 out the mission of the center. 

6 (2) Personnel assigned or detailed to a national intel7 ligence center under paragraph (1) shall be under the au8 thority, direction, and control of the Director of the center 

9 on all matters for which the center has been assigned re10 sponsibility and for all matters related to the accomplish11 ment of the mission of the center. 

12 (3) Performance evaluations of personnel assigned or 

13 detailed to a national intelligence center under this sub14 section shall be undertaken by the supervisors of such per15 sonnel at the center. 

16 (4) The supervisors of the staff of a national center 

17 may, with the approval of the National Intelligence Direc18 tor, reward the staff of the center for meritorious perform19 ance by the provision of such performance awards as the 

20 National Intelligence Director shall prescribe. 

21 (5) The Director of a national intelligence center may 

22 recommend to the National Intelligence Director the reas23 signment to the home element concerned of any personnel 

24 previously assigned or detailed to the center from another 

25 element of the intelligence community. 
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1 (h) SUPPORT.—The element of the intelligence com2 munity assigned lead responsibility for a national intel3 ligence center under subsection (b)(1) shall be responsible 

4 for the provision of administrative support for the center, 

5 including the provision of funds to the center necessary 

6 for the administration of the center. 

7 Subtitle D—Additional Authorities 

8 of National Intelligence Authority 

9 SEC. 151. USE OF APPROPRIATED FUNDS. 

10 (a) DISPOSAL OF PROPERTY.—(1) If specifically au11 thorized to dispose of real property of the National Intel12 ligence Authority under any law enacted after the date of 

13 the enactment of this Act, the National Intelligence Direc14 tor shall, subject to paragraph (2), exercise such authority 

15 in strict compliance with subchapter IV of chapter 5 of 

16 title 40, United States Code. 

17 (2) The Director shall deposit the proceeds of any 

18 disposal of property of the National Intelligence Authority 

19 into the miscellaneous receipts of the Treasury in accord20 ance with section 3302(b) of title 31, United States Code. 

21 (b) GIFTS.—Gifts or donations of services or property 

22 of or for the National Intelligence Authority may not be 

23 accepted, used, or disposed of unless specifically permitted 

24 in advance in an appropriations Act and only under the 
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1 conditions and for the purposes specified in such appro2 priations Act. 

3 SEC. 152. PROCUREMENT AUTHORITIES. 

4 (a) IN GENERAL.—In the performance of its func5 tions, the National Intelligence Authority may exercise the 

6 authorities referred to in section 3(a) of the Central Intel7 ligence Agency Act of 1949 (50 U.S.C. 403c(a)). 

8 (b) TREATMENT AS HEAD OF AGENCY.—For the 

9 purpose of the exercise of any authority referred to in sub10 section (a) with respect to the National Intelligence Au11 thority, a reference to the head of an agency shall be 

12 deemed to be a reference to the National Intelligence Di13 rector or the Deputy National Intelligence Director. 

14 (c) DETERMINATION AND DECISIONS.—(1) Any de15 termination or decision to be made under an authority re16 ferred to in subsection (a) by the head of an agency may 

17 be made with respect to individual purchases and con18 tracts or with respect to classes of purchases or contracts, 

19 and shall be final. 

20 (2) Except as provided in paragraph (3), the National 

21 Intelligence Director or the Deputy National Intelligence 

22 Director may, in such official’s discretion, delegate to any 

23 officer or other official of the National Intelligence Au24 thority any authority to make a determination or decision 
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1 as the head of the agency under an authority referred to 

2 in subsection (a). 

3 (3) The limitations and conditions set forth in section 

4 3(d) of the Central Intelligence Agency Act of 1949 (50 

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

6 Intelligence Agency of an authority referred to in sub7 section (a). 

8 (4) Each determination or decision required by an au9 thority referred to in the second sentence of section 3(d) 

10 of the Central Intelligence Agency Act of 1949 shall be 

11 based upon written findings made by the official making 

12 such determination or decision, which findings shall be 

13 final and shall be available within the National Intelligence 

14 Authority for a period of at least six years following the 

15 date of such determination or decision. 

16 SEC. 153. PERSONNEL MATTERS. 

17 (a) IN GENERAL.—In addition to the authorities pro18 vided in section 134, the National Intelligence Director 

19 may exercise with respect to the personnel of the National 

20 Intelligence Authority any authority of the Director of the 

21 Central Intelligence Agency with respect to the personnel 

22 of the Central Intelligence Agency under the Central Intel23 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and 

24 other applicable provisions of law, as of the date of the 

25 enactment of this Act to the same extent, and subject to 
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1 the same conditions and limitations, that the Director of 

2 the Central Intelligence Agency may exercise such author3 ity with respect to personnel of the Central Intelligence 

4 Agency. 

5 (b) RIGHTS AND PROTECTIONS OF EMPLOYEES AND

6 APPLICANTS.—Employees and applicants for employment 

7 of the National Intelligence Authority shall have the same 

8 rights and protections under the Authority as employees 

9 of the Central Intelligence Agency have under the Central 

10 Intelligence Agency Act of 1949, and other applicable pro11 visions of law, as of the date of the enactment of this Act. 

12 SEC. 154. ETHICS MATTERS. 

13 (a) POLITICAL SERVICE OF PERSONNEL.—Section 

14 7323(b)(2)(B)(i) of title 5, United States Code, is amend15 ed— 

16 (1) in subclause (XII), by striking ‘‘or’’ at the 

17 end; and 

18 (2) by inserting after subclause (XIII) the fol19 lowing new subclause: 

20 ‘‘(XIV) the National Intelligence Author21 ity; or’’. 

22 (b) DELETION OF INFORMATION ABOUT FOREIGN

23 GIFTS.—Section 7342(f)(4) of title 5, United States Code, 

24 is amended— 

25 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 
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1 (2) in subparagraph (A), as so designated, by 

2 striking ‘‘the Director of Central Intelligence’’ and 

3 inserting ‘‘the Director of the Central Intelligence 

4 Agency’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(B) In transmitting such listings for the National 

8 Intelligence Authority, the National Intelligence Director 

9 may delete the information described in subparagraphs 

10 (A) and (C) of paragraphs (2) and (3) if the Director cer11 tifies in writing to the Secretary of State that the publica12 tion of such information could adversely affect United 

13 States intelligence sources.’’. 

14 (c) EXEMPTION FROM FINANCIAL DISCLOSURES.— 

15 Section 105(a)(1) of the Ethics in Government Act (5 

16 U.S.C. App.) is amended by inserting ‘‘the National Intel17 ligence Authority,’’ before ‘‘the Central Intelligence Agen18 cy’’. 

19 Subtitle E—Additional Improve20 ments of Intelligence Activities 

21 SEC. 161. AVAILABILITY TO PUBLIC OF CERTAIN INTEL22 LIGENCE FUNDING INFORMATION. 

23 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.— 

24 The President shall disclose to the public for each fiscal 

25 year after fiscal year 2005— 
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1 (1) the aggregate amount of appropriations re2 quested in the budget of the President for the fiscal 

3 year concerned for the intelligence and intelligence4 related activities of the United States Government; 

5 and 

6 (2) the aggregate amount of appropriations re7 quested in the budget of the President for the fiscal 

8 year concerned for each element or component of the 

9 intelligence community. 

10 (b) AMOUNTS APPROPRIATED EACH FISCAL YEAR.— 

11 Congress shall disclose to the public for each fiscal year 

12 after fiscal year 2005— 

13 (1) the aggregate amount of funds appropriated 

14 by Congress for the fiscal year concerned for the in15 telligence and intelligence-related activities of the 

16 United States Government; and 

17 (2) the aggregate amount of funds appropriated 

18 by Congress for the fiscal year concerned for each 

19 element or component of the intelligence community. 

20 SEC. 162. MERGER OF HOMELAND SECURITY COUNCIL 

21 INTO NATIONAL SECURITY COUNCIL. 

22 (a) MERGER OF HOMELAND SECURITY COUNCIL

23 INTO NATIONAL SECURITY COUNCIL.—Section 101 of the 

24 National Security Act of 1947 (50 U.S.C. 402) is amend25 ed— 
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1 (1) in the fourth undesignated paragraph of 

2 subsection (a), by striking clauses (5) and (6) and 

3 inserting the following new clauses: 

4 ‘‘(5) the Attorney General; 

5 ‘‘(6) the Secretary of Homeland Security;’’; and 

6 (2) in subsection (b)— 

7 (A) in paragraph (1), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (2), by striking the pe10 riod at the end and inserting a semicolon; and 

11 (C) by adding at the end the following new 

12 paragraphs: 

13 ‘‘(3) assess the objectives, commitments, and 

14 risks of the United States in the interests of home15 land security and make recommendations to the 

16 President based on such assessments; 

17 ‘‘(4) oversee and review the homeland security 

18 policies of the Federal Government and make rec19 ommendations to the President based on such over20 sight and review; and 

21 ‘‘(5) perform such other functions as the Presi22 dent may direct.’’. 

23 (c) REPEAL OF SUPERSEDED AUTHORITY.—(1) Title 

24 IX of the Homeland Security Act of 2002 (6 U.S.C. 491 

25 et seq.) is repealed. 
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1 (2) The table of contents for that Act is amended 

2 by striking the items relating to title IX. 

3 SEC. 163. REFORM OF CENTRAL INTELLIGENCE AGENCY. 

4 (a) FINDINGS.—Consistent with the report of the Na5 tional Commission on Terrorist Attacks Upon the United 

6 States, Congress makes the following findings: 

7 (1) Covert operations tend to be highly tactical 

8 and require close attention. The Central Intelligence 

9 Agency should retain responsibility for the direction 

10 and execution of clandestine and covert operations. 

11 The Central Intelligence Agency should also con12 centrate on building capabilities to carry out such 

13 operations and on providing personnel who will be 

14 directing and executing such operations in the field. 

15 (2) The reconstitution of the analytic and 

16 human intelligence collection capabilities of the Cen17 tral Intelligence Agency requires the undiverted at18 tention of the head of the Central Intelligence Agen19 cy. 

20 (b) TRANSFORMATION OF CENTRAL INTELLIGENCE

21 AGENCY.—The Director of the Central Intelligence Agen22 cy shall transform the intelligence and intelligence-related 

23 capabilities of the Central Intelligence Agency by— 

24 (1) building the human intelligence capabilities 

25 of the clandestine service; 
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1 (2) building the analytic capabilities of the 

2 Agency; 

3 (3) developing a stronger language program; 

4 (4) renewing emphasis on the recruitment of 

5 operations officers of diverse background who can 

6 blend in more easily in foreign cities; 

7 (5) ensuring a seamless relationship between 

8 human source collection and signals collection at the 

9 operational level; and 

10 (6) providing for a better balance between uni11 lateral operations and liaison operations. 

12 (c) RETENTION OF RESPONSIBILITY FOR CLANDES13 TINE AND COVERT OPERATIONS.—The Central Intel14 ligence Agency shall retain responsibility for the direction 

15 and execution of clandestine and covert operations as au16 thorized by the President or the National Intelligence Di17 rector and assigned by a national intelligence center. 

18 SEC. 164. PARAMILITARY OPERATIONS. 

19 (a) FINDINGS.—Consistent with the report of the Na20 tional Commission on Terrorist Attacks Upon the United 

21 States, Congress makes the following findings: 

22 (1) Prior to September 11, 2001, the Central 

23 Intelligence Agency relied on proxies to conduct 

24 paramilitary operations, with unsatisfactory results. 
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1 (2) The United States cannot afford to build 

2 two separate capabilities for carrying out para3 military operations, and therefore should concentrate 

4 responsibility and necessary legal authority for such 

5 operations in one entity. 

6 (3) In conducting future paramilitary oper7 ations, Central Intelligence Agency experts should be 

8 integrated into military training, exercises, and plan9 ning, and lead responsibility for directing and exe10 cuting paramilitary operations should rest with the 

11 Department of Defense. 

12 (b) SENSE OF CONGRESS ON LEAD RESPONSIBILITY

13 FOR PARAMILITARY OPERATIONS.—The Secretary of De14 fense should have lead responsibility for directing and exe15 cuting paramilitary operations, whether clandestine or 

16 covert. 

17 (c) SENSE OF CONGRESS ON DISCHARGE THROUGH

18 SPECIAL OPERATIONS COMMAND.—In carrying out the 

19 responsibility under subsection (b) the Secretary of De20 fense should— 

21 (1) assign the Special Operations Command 

22 lead responsibility within the Department of Defense 

23 for paramilitary operations; and 
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1 (2) consolidate responsibility for such oper2 ations with the capabilities for training, direction, 

3 and execution of such operations. 

4 (d) SENSE OF CONGRESS ON JOINT PLANNING.— 

5 The Secretary of Defense and the Director of the Central 

6 Intelligence Agency should work jointly to plan para7 military operations. 

8 (e) PARAMILITARY OPERATIONS DEFINED.—In this 

9 section, the term ‘‘paramilitary operations’’ means oper10 ations that, by their tactics and requirements in military11 type personnel, equipment, and training, approximate con12 ventional military operations, but that are distinguished 

13 from conventional military operations through reliance on 

14 light infantry, less capability to carry out sustained com15 bat operations involving heavy weapons and less capability 

16 of sustaining long-term logistical support. 

17 SEC. 165. IMPROVEMENT OF INTELLIGENCE CAPABILITIES 

18 OF THE FEDERAL BUREAU OF INVESTIGA19 TION. 

20 (a) FINDINGS.—Consistent with the report of the Na21 tional Commission on Terrorist Attacks Upon the United 

22 States, Congress makes the following findings: 

23 (1) The Federal Bureau of Investigation has 

24 made significant progress in improving its intel25 ligence capabilities. 
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1 (2) The Federal Bureau of Investigation must 

2 fully institutionalize the shift of the Bureau to a 

3 preventive counterterrorism posture. 

4 (b) IMPROVEMENT OF INTELLIGENCE CAPABILI5 TIES.—The Director of the Federal Bureau of Investiga6 tion shall continue efforts to improve the intelligence capa7 bilities of the Bureau and to develop and maintain within 

8 the Bureau a national security workforce. 

9 (c) NATIONAL SECURITY WORKFORCE.—(1) In de10 veloping and maintaining a national security workforce 

11 under subsection (b), the Director of the Federal Bureau 

12 of Investigation shall, subject to the direction and control 

13 of the President, develop and maintain a specialized and 

14 integrated national security workforce consisting of 

15 agents, analysts, linguists, and surveillance specialists who 

16 are recruited, trained, and rewarded in a manner which 

17 ensures the existence within the Bureau of an institutional 

18 culture with substantial expertise in, and commitment to, 

19 the intelligence and national security missions of the Bu20 reau. 

21 (2) Each agent employed by the Bureau after the 

22 date of the enactment of this Act shall receive basic train23 ing in both criminal justice matters and national security 

24 matters. 
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1 (3) Each agent employed by the Bureau after the 

2 date of the enactment of this Act shall, to the maximum 

3 extent practicable, be given the opportunity to undergo, 

4 during such agent’s early service with the Bureau, mean5 ingful assignments in criminal justice matters and in na6 tional security matters. 

7 (4) The Director shall— 

8 (A) require agents and analysts of the Bureau 

9 to specialize in either criminal justice matters or na10 tional security matters; and 

11 (B) in furtherance of the requirement under 

12 subparagraph (A) and to the maximum extent prac13 ticable, afford agents and analysts of the Bureau the 

14 opportunity to work in the specialty selected by such 

15 agents and analysts over their entire career with the 

16 Bureau. 

17 (5) The Director shall carry out a program to en18 hance the capacity of the Bureau to recruit and retain 

19 individuals with backgrounds in intelligence, international 

20 relations, language, technology, and other skills relevant 

21 to the intelligence and national security missions of the 

22 Bureau. 

23 (6) The Director shall, to the maximum extent prac24 ticable, afford the analysts of the Bureau training and ca25 reer opportunities commensurate with the training and ca-
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1 reer opportunities afforded analysts in other elements of 

2 the intelligence community. 

3 (7) Commencing as soon as practicable after the date 

4 of the enactment of this Act, each senior manager of the 

5 Bureau shall be a certified intelligence officer. 

6 (8) The Director shall, to the maximum extent prac7 ticable, ensure that the successful completion of advanced 

8 training courses, and of one or more assignments to an9 other element of the intelligence community, is a pre10 condition to advancement to higher level national security 

11 assignments within the Bureau. 

12 (d) FIELD OFFICE MATTERS.—(1) In improving the 

13 intelligence capabilities of the Federal Bureau of Inves14 tigation under subsection (b), the Director of the Federal 

15 Bureau of Investigation shall ensure that each field office 

16 of the Bureau has an official at the deputy level or higher 

17 with responsibility for national security matters. 

18 (2) The Director shall provide for such expansion of 

19 the secure facilities in the field offices of the Bureau as 

20 is necessary to ensure the discharge by the field offices 

21 of the intelligence and national security missions of the 

22 Bureau. 

23 (3) The Director shall take appropriate actions to en24 sure the integration of analysts, agents, linguists, and sur25 veillance personnel in the field. 
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1 (e) BUDGET MATTERS.—The Director of the Federal 

2 Bureau of Investigation shall, in consultation with the Di3 rector of the Office of Management and Budget, modify 

4 the budget structure of the Federal Bureau of Investiga5 tion in order to organize the budget according to the four 

6 principal missions of the Bureau as follows: 

7 (1) Intelligence. 

8 (2) Counterterrorism and counterintelligence. 

9 (3) Crime. 

10 (4) Criminal justice services. 

11 (f) REPORTS.—(1)(A) Not later than 180 days after 

12 the date of the enactment of this Act, the Director of the 

13 Federal Bureau of Investigation shall submit to Congress 

14 a report on the progress made as of the date of such report 

15 in carrying out the requirements of this section. 

16 (B) The report required by subparagraph (A) shall 

17 include an estimate of the resources required to complete 

18 the expansion of secure facilities to carry out the national 

19 security mission of the field offices of the Federal Bureau 

20 of Investigation. 

21 (2) The Director shall include in each semiannual 

22 program review of the Bureau that is submitted to Con23 gress a report on the progress made by each field office 

24 of the Bureau during the period covered by such review 

25 in addressing Bureau and national program priorities. 
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1 (3) Not later than 180 days after the date of the en2 actment of this Act, and every six months thereafter, the 

3 Director shall submit to Congress a report assessing the 

4 qualifications, status, and roles of analysts at Bureau 

5 headquarters and in the field offices of the Bureau. 

6 (4) Not later than 180 days after the date of the en7 actment of this Act, and every six months thereafter, the 

8 Director shall submit to Congress a report on the progress 

9 of the Bureau in implementing information-sharing prin10 ciples. 

11 (5) A report required by this subsection shall be sub12 mitted— 

13 (A) to each committee of Congress that has ju14 risdiction over the subject matter of such report; and 

15 (B) in an unclassified form, but may include a 

16 classified annex. 

17 SEC. 166. REPORT ON IMPLEMENTATION OF INTELLIGENCE 

18 COMMUNITY REFORM. 

19 Not later than one year after the date of the enact20 ment of this Act, the National Intelligence Director shall 

21 submit to Congress a report on the progress made in the 

22 implementation of this title, including the amendments 

23 made by this title. The report shall include a comprehen24 sive description of the progress made, and may include 
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1 such recommendations for additional legislative or admin2 istrative action as the Director considers appropriate. 

3 Subtitle F—Conforming and Other 

4 Amendments 

5 SEC. 171. RESTATEMENT AND MODIFICATION OF BASIC AU6 THORITY OF THE CENTRAL INTELLIGENCE 

7 AGENCY. 

8 Title I of the National Security Act of 1947 (50 

9 U.S.C. 402 et seq.) is amended by striking sections 102 

10 through 104 and inserting the following new sections: 

11 ‘‘CENTRAL INTELLIGENCE AGENCY

12 ‘‘SEC. 102. (a) CENTRAL INTELLIGENCE AGENCY.— 

13 There is a Central Intelligence Agency. 

14 ‘‘(b) FUNCTION.—The function of the Central Intel15 ligence Agency is to assist the Director of the Central In16 telligence Agency in carrying out the responsibilities speci17 fied in section 103(c). 

18 ‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

19 ‘‘SEC. 103. (a) DIRECTOR OF CENTRAL INTEL20 LIGENCE AGENCY.—(1) There is a Director of the Central 

21 Intelligence Agency who shall be appointed by the Presi22 dent, by and with the advice and consent of the Senate. 

23 ‘‘(2) The Director of the Central Intelligence Agency 

24 also serves as the Deputy National Intelligence Director 

25 for Foreign Intelligence under section 114(b) of the Na26 tional Intelligence Authority Act of 2004 and, in that ca-
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1 pacity, has the duties and responsibilities provided for in 

2 paragraph (3) of that section. 

3 ‘‘(b) DUTIES.—In the capacity as Director of the 

4 Central Intelligence Agency, the Director of the Central 

5 Intelligence Agency shall— 

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

7 subsection (c); and 

8 ‘‘(2) serve as the head of the Central Intel9 ligence Agency. 

10 ‘‘(c) RESPONSIBILITIES.—The Director of the Cen11 tral Intelligence Agency shall— 

12 ‘‘(1) collect intelligence through human sources 

13 and by other appropriate means, except that the Di14 rector of the Central Intelligence Agency shall have 

15 no police, subpoena, or law enforcement powers or 

16 internal security functions; 

17 ‘‘(2) correlate and evaluate intelligence related 

18 to the national security and provide appropriate dis19 semination of such intelligence; 

20 ‘‘(3) perform such additional services as are of 

21 common concern to the elements of the intelligence 

22 community, which services the National Intelligence 

23 Director determines can be more efficiently accom24 plished centrally; and 
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1 ‘‘(4) perform such other functions and duties 

2 related to intelligence affecting the national security 

3 as the President, the National Security Council, or 

4 the National Intelligence Director may direct. 

5 ‘‘(d) TERMINATION OF EMPLOYMENT OF CIA EM6 PLOYEES.—(1) Notwithstanding the provisions of any 

7 other law, the Director of the Central Intelligence Agency 

8 may, in the discretion of the Director, terminate the em9 ployment of any officer or employee of the Central Intel10 ligence Agency whenever the Director considers the termi11 nation of employment of such officer or employee nec12 essary or advisable in the interests of the United States. 

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

14 employee under paragraph (1) shall not affect the right 

15 of the officer or employee to seek or accept employment 

16 in any other department, agency, or element of the United 

17 States Government if declared eligible for such employ18 ment by the Office of Personnel Management.’’. 

19 SEC. 172. CONFORMING AMENDMENTS RELATING TO 

20 ROLES OF NATIONAL INTELLIGENCE DIREC21 TOR AND DIRECTOR OF THE CENTRAL INTEL22 LIGENCE AGENCY. 

23 (a) NATIONAL SECURITY ACT OF 1947.—(1) The 

24 National Security Act of 1947 (50 U.S.C. 401 et seq.) 

25 is amended by striking ‘‘Director of Central Intelligence’’ 
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1 each place it appears in the following provisions and in2 serting ‘‘National Intelligence Director’’: 

3 (A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)). 

4 (B) Section 101(h)(2)(A) (50 U.S.C. 

5 402(h)(2)(A)). 

6 (C) Section 101(h)(5) (50 U.S.C. 402(h)(5)). 

7 (D) Section 101(i)(2)(A) (50 U.S.C. 

8 402(i)(2)(A)). 

9 (E) Section 101(j) (50 U.S.C. 402(j)). 

10 (F) Section 105(a) (50 U.S.C. 403–5(a)). 

11 (G) Section 105(b)(6)(A) (50 U.S.C. 403– 

12 5(b)(6)(A)). 

13 (H) Section 105B(a)(1) (50 U.S.C. 403– 

14 5b(a)(1)). 

15 (I) Section 105B(b) (50 U.S.C. 403–5b(b)), the 

16 first place it appears. 

17 (J) Section 110(b) (50 U.S.C. 404e(b)). 

18 (K) Section 110(c) (50 U.S.C. 404e(c)). 

19 (L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)). 

20 (M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)). 

21 (N) Section 113(b)(2)(A) (50 U.S.C. 

22 404h(b)(2)(A)). 

23 (O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)). 

24 (P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)). 

25 (R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)). 
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1 (S) Section 115(b) (50 U.S.C. 404j(b)). 

2 (T) Section 115(c)(1)(B) (50 U.S.C. 

3 404j(c)(1)(B)). 

4 (U) Section 116(a) (50 U.S.C. 404k(a)). 

5 (V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)). 

6 (W) Section 303(a) (50 U.S.C. 405(a)), both 

7 places it appears. 

8 (X) Section 501(d) (50 U.S.C. 413(d)). 

9 (Y) Section 502(a) (50 U.S.C. 413a(a)). 

10 (Z) Section 502(c) (50 U.S.C. 413a(c)). 

11 (AA) Section 503(b) (50 U.S.C. 413b(b)). 

12 (BB) Section 504(a)(3)(C) (50 U.S.C. 

13 414(a)(3)(C)). 

14 (CC) Section 504(d)(2) (50 U.S.C. 414(d)(2)). 

15 (DD) Section 506A(a)(1) (50 U.S.C. 415a– 

16 1(a)(1)). 

17 (EE) Section 603(a) (50 U.S.C. 423(a)). 

18 (FF) Section 702(a)(1) (50 U.S.C. 432(a)(1)). 

19 (GG) Section 702(a)(6)(B)(viii) (50 U.S.C. 

20 432(a)(6)(B)(viii)). 

21 (HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)), 

22 both places it appears. 

23 (II) Section 703(a)(1) (50 U.S.C. 432a(a)(1)). 

24 (JJ) Section 703(a)(6)(B)(viii) (50 U.S.C. 

25 432a(a)(6)(B)(viii)). 
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1 (KK) Section 703(b)(1) (50 U.S.C. 

2 432a(b)(1)), 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. 

7 432b(g)(1)), 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. 

10 442a(a)(1)). 

11 (QQ) Section 1102(b)(1) (50 U.S.C. 

12 442a(b)(1)). 

13 (RR) Section 1102(c)(1) (50 U.S.C. 

14 442a(c)(1)). 

15 (SS) Section 1102(d) (50 U.S.C. 442a(d)). 

16 (2) That Act is further amended by striking ‘‘of Cen17 tral Intelligence’’ each place it appears in the following 

18 provisions: 

19 (A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). 

20 (B) Section 105B(a)(2) (50 U.S.C. 403– 

21 5b(a)(2)). 

22 (C) Section 105B(b) (50 U.S.C. 403–5b(b)), 

23 the second place it appears. 
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1 (3) That Act is further amended by striking ‘‘Direc2 tor’’ each place it appears in the following provisions and 

3 inserting ‘‘National Intelligence Director’’: 

4 (A) Section 114(c) (50 U.S.C. 404i(c)). 

5 (B) Section 116(b) (50 U.S.C. 404k(b)). 

6 (C) Section 1001(b) (50 U.S.C. 441g(b)). 

7 (C) Section 1001(c) (50 U.S.C. 441g(c)), the 

8 first place it appears. 

9 (D) Section 1001(d)(1)(B) (50 U.S.C. 

10 441g(d)(1)(B)). 

11 (E) Section 1001(e) (50 U.S.C. 441g(e)), the 

12 first place it appears. 

13 (4) Section 114A of that Act (50 U.S.C. 404i–1) is 

14 amended by striking ‘‘Director of Central Intelligence’’ 

15 and inserting ‘‘National Intelligence Director, the Director 

16 of the Central Intelligence Agency’’ 

17 (5) Section 504(a)(2) of that Act (50 U.S.C. 

18 414(a)(2)) is amended by striking ‘‘Director of Central In19 telligence’’ and inserting ‘‘Director of the Central Intel20 ligence Agency’’. 

21 (6) Section 701 of that Act (50 U.S.C. 431) is 

22 amended— 

23 (A) in subsection (a), by striking ‘‘Operational 

24 files of the Central Intelligence Agency may be ex25 empted by the Director of Central Intelligence’’ and 
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1 inserting ‘‘The Director of the Central Intelligence 

2 Agency, with the coordination of the National Intel3 ligence Director, may exempt operational files of the 

4 Central Intelligence Agency’’; and 

5 (B) in subsection (g)(1), by striking ‘‘Director 

6 of Central Intelligence’’ and inserting ‘‘Director of 

7 the Central Intelligence Agency and the National In8 telligence Director’’. 

9 (7) The heading for section 114 of that Act (50 

10 U.S.C. 404i) is amended to read as follows: 

11 ‘‘ADDITIONAL ANNUAL REPORTS FROM THE NATIONAL

12 INTELLIGENCE DIRECTOR’’. 

13 (b) CENTRAL INTELLIGENCE AGENCY ACT OF

14 1949.—(1) The Central Intelligence Agency Act of 1949 

15 (50 U.S.C. 403a et seq.) is amended by striking ‘‘Director 

16 of Central Intelligence’’ each place it appears in the fol17 lowing provisions and inserting ‘‘National Intelligence Di18 rector’’: 

19 (A) Section 6 (50 U.S.C. 403g). 

20 (B) Section 17(f) (50 U.S.C. 403q(f)), both 

21 places it appears. 

22 (2) That Act is further amended by striking ‘‘of Cen23 tral Intelligence’’ in each of the following provisions: 

24 (A) Section 2 (50 U.S.C. 403b). 

25 (A) Section 16(c)(1)(B) (50 U.S.C. 

26 403p(c)(1)(B)). 
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1 (B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)). 

2 (C) Section 20(c) (50 U.S.C. 403t(c)). 

3 (3) That Act is further amended by striking ‘‘Direc4 tor of Central Intelligence’’ each place it appears in the 

5 following provisions and inserting ‘‘Director of the Central 

6 Intelligence Agency’’: 

7 (A) Section 14(b) (50 U.S.C. 403n(b)). 

8 (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)). 

9 (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), 

10 both places it appears. 

11 (D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)). 

12 (E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)). 

13 (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT

14 ACT.—Section 101 of the Central Intelligence Agency Re15 tirement Act (50 U.S.C. 2001) is amended by striking 

16 paragraph (2) and inserting the following new paragraph 

17 (2): 

18 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

19 the Director of the Central Intelligence Agency.’’. 

20 (d) CIA VOLUNTARY SEPARATION PAY ACT.—Sub21 section (a)(1) of section 2 of the Central Intelligence 

22 Agency Voluntary Separation Pay Act (50 U.S.C. 2001 

23 note) is amended to read as follows: 

24 ‘‘(1) the term ‘Director’ means the Director of 

25 the Central Intelligence Agency;’’. 
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1 (e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

2 1978.—(1) The Foreign Intelligence Surveillance Act of 

3 1978 (50 U.S.C. 1801 et seq.) is amended by striking ‘‘Di4 rector of Central Intelligence’’ each place it appears and 

5 inserting ‘‘National Intelligence Director’’. 

6 (f) CLASSIFIED INFORMATION PROCEDURES ACT.— 

7 Section 9(a) of the Classified Information Procedures Act 

8 (5 U.S.C. App.) is amended by striking ‘‘Director of Cen9 tral Intelligence’’ and inserting ‘‘National Intelligence Di10 rector’’. 

11 (g) INTELLIGENCE AUTHORIZATION ACTS.— 

12 (1) PUBLIC LAW 103–359.—Section 811(c)(6)(C) 

13 of the Counterintelligence and Security Enhance14 ments Act of 1994 (title VIII of Public Law 103– 

15 359) is amended by striking ‘‘Director of Central In16 telligence’’ and inserting ‘‘National Intelligence Di17 rector’’. 

18 (2) PUBLIC LAW 107–306.—(A) The Intelligence 

19 Authorization Act for Fiscal Year 2003 (Public Law 

20 107–306) is amended by striking ‘‘Director of Cen21 tral Intelligence, acting as the head of the intel22 ligence community,’’ each place it appears in the fol23 lowing provisions and inserting ‘‘National Intel24 ligence Director’’: 

25 (i) Section 313(a) (50 U.S.C. 404n(a)). 
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1 (ii) Section 343(a)(1) (50 U.S.C. 404n– 

2 2(a)(1)) 

3 (B) That Act is further amended by striking 

4 ‘‘Director of Central Intelligence’’ each place it ap5 pears in the following provisions and inserting ‘‘Na6 tional Intelligence Director’’: 

7 (i) Section 902(a)(2) (50 U.S.C. 

8 402b(a)(2)). 

9 (ii) Section 904(e)(4) (50 U.S.C. 

10 402c(e)(4)). 

11 (iii) Section 904(e)(5) (50 U.S.C. 

12 402c(e)(5)). 

13 (iv) Section 904(h) (50 U.S.C. 402c(h)), 

14 each place it appears. 

15 (v) Section 904(m) (50 U.S.C. 402c(m)). 

16 (C) Section 341 of that Act (50 U.S.C. 404n– 

17 1) is amended by striking ‘‘Director of Central Intel18 ligence, acting as the head of the intelligence com19 munity, shall establish in the Central Intelligence 

20 Agency’’ and inserting ‘‘National Intelligence Direc21 tor shall establish within the Central Intelligence 

22 Agency’’. 

23 (D) Section 352(b) of that Act (50 U.S.C. 404– 

24 3 note) is amended by striking ‘‘Director’’ and in25 serting ‘‘National Intelligence Director’’. 
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1 (3) PUBLIC LAW 108–177.—(A) The Intelligence 

2 Authorization Act for Fiscal Year 2004 (Public Law 

3 108–177) is amended by striking ‘‘Director of Cen4 tral Intelligence’’ each place it appears in the fol5 lowing provisions and inserting ‘‘National Intel6 ligence Director’’: 

7 (i) Section 317(a) (50 U.S.C. 403–3 note). 

8 (ii) Section 317(h)(1). 

9 (iii) Section 318(a) (50 U.S.C. 441g note). 

10 (iv) Section 319(b) (50 U.S.C. 403 note). 

11 (v) Section 341(b) (28 U.S.C. 519 note). 

12 (vi) Section 357(a) (50 U.S.C. 403 note). 

13 (vii) Section 504(a) (117 Stat. 2634), both 

14 places it appears. 

15 (B) Section 319(f)(2) of that Act (50 U.S.C. 

16 403 note) is amended by striking ‘‘Director’’ the 

17 first place it appears and inserting ‘‘National Intel18 ligence Director’’. 

19 (C) Section 404 of that Act (18 U.S.C. 4124 

20 note) is amended by striking ‘‘Director of Central 

21 Intelligence’’ and inserting ‘‘Director of the Central 

22 Intelligence Agency’’. 

23 SEC. 173. OTHER CONFORMING AMENDMENTS 

24 (a) NATIONAL SECURITY ACT OF 1947.—(1) Section 

25 101(j) of the National Security Act of 1947 (50 U.S.C. 
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1 402(j)) is amended by striking ‘‘Deputy Director of Cen2 tral Intelligence’’ and inserting ‘‘Deputy National Intel3 ligence Director’’. 

4 (2) Section 112(d)(1) of that Act (50 U.S.C. 

5 404g(d)(1)) is amended by striking ‘‘section 103(c)(6) of 

6 this Act’’ and inserting ‘‘section 132(a)(9) of the National 

7 Intelligence Authority Act of 2004’’. 

8 (3) Section 116(b) of that Act (50 U.S.C. 404k(b)) 

9 is amended by striking ‘‘to the Deputy Director of Central 

10 Intelligence, or with respect to employees of the Central 

11 Intelligence Agency, the Director may delegate such au12 thority to the Deputy Director for Operations’’ and insert13 ing ‘‘to the Deputy National Intelligence Director, or with 

14 respect to employees of the Central Intelligence Agency, 

15 to the Director of the Central Intelligence Agency’’. 

16 (4) Section 506A(b)(1) of that Act (50 U.S.C. 415a– 

17 1(b)(1)) is amended by striking ‘‘Office of the Deputy Di18 rector of Central Intelligence’’ and inserting ‘‘Office of the 

19 National Intelligence Director’’. 

20 (5) Section 701(c)(3) of that Act (50 U.S.C. 

21 431(c)(3)) is amended by striking ‘‘Office of the Director 

22 of Central Intelligence’’ and inserting ‘‘Office of the Na23 tional Intelligence Director’’. 

24 (6) Section 1001(b) of that Act (50 U.S.C. 441g(b)) 

25 is amended by striking ‘‘Assistant Director of Central In-
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1 telligence for Administration’’ and inserting ‘‘Office of the 

2 National Intelligence Director’’. 

3 (b) CENTRAL INTELLIGENCE ACT OF 1949.—Section 

4 6 of the Central Intelligence Agency Act of 1949 (50 

5 U.S.C. 403g) is amended by striking ‘‘section 103(c)(7) 

6 of the National Security Act of 1947 (50 U.S.C. 403– 

7 3(c)(7))’’ and inserting ‘‘section 132(a)(9) of the National 

8 Intelligence Authority Act of 2004’’. 

9 (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT

10 ACT.—Section 201(c) of the Central Intelligence Agency 

11 Retirement Act (50 U.S.C. 2011(c)) is amended by strik12 ing ‘‘paragraph (6) of section 103(c) of the National Secu13 rity Act of 1947 (50 U.S.C. 403–3(c)) that the Director 

14 of Central Intelligence’’ and inserting ‘‘section 132(a)(9) 

15 of the National Intelligence Authority Act of 2004 that 

16 the National Intelligence Director’’. 

17 (d) INTELLIGENCE AUTHORIZATION ACTS.— 

18 (1) PUBLIC LAW 107–306.—(A) Section 343(c) 

19 of the Intelligence Authorization Act for Fiscal Year 

20 2003 (Public Law 107–306; 50 U.S.C. 404n–2(c)) is 

21 amended by striking ‘‘section 103(c)(6) of the Na22 tional Security Act of 1947 (50 U.S.C. 403– 

23 3((c)(6))’’ and inserting ‘‘section 132(a)(9) of the 

24 National Intelligence Authority Act of 2004’’. 
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1 (B) Section 904 of that Act (50 U.S.C. 402c) 

2 is amended— 

3 (i) in subsection (c), by striking ‘‘Office of 

4 the Director of Central Intelligence’’ and insert5 ing ‘‘Office of the National Intelligence Direc6 tor’’; and 

7 (ii) in subsection (l), by striking ‘‘Office of 

8 the Director of Central Intelligence’’ and insert9 ing ‘‘Office of the National Intelligence Direc10 tor’’. 

11 (2) PUBLIC LAW 108–177.—Section 317 of the 

12 Intelligence Authorization Act for Fiscal Year 2004 

13 (Public Law 108–177; 50 U.S.C. 403–3 note) is 

14 amended— 

15 (A) in subsection (g), by striking ‘‘Assist16 ant Director of Central Intelligence for Analysis 

17 and Production’’ and inserting ‘‘Deputy Na18 tional Intelligence Director’’; and 

19 (B) in subsection (h)(2)(C), by striking 

20 ‘‘Assistant Director’’ and inserting ‘‘Deputy 

21 National Intelligence Director’’. 
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1 SEC. 174. ELEMENTS OF INTELLIGENCE COMMUNITY 

2 UNDER NATIONAL SECURITY ACT OF 1947. 

3 Paragraph (4) of section 3 of the National Security 

4 Act of 1947 (50 U.S.C. 401a) is amended to read as fol5 lows: 

6 ‘‘(4) The term ‘intelligence community’ includes 

7 the following: 

8 ‘‘(A) The National Intelligence Authority. 

9 ‘‘(B) The Central Intelligence Agency. 

10 ‘‘(C) The National Security Agency. 

11 ‘‘(D) The Defense Intelligence Agency. 

12 ‘‘(E) The National Geospatial-Intelligence 

13 Agency. 

14 ‘‘(F) The National Reconnaissance Office. 

15 ‘‘(G) Other offices within the Department 

16 of Defense for the collection of specialized na17 tional intelligence through reconnaissance pro18 grams. 

19 ‘‘(H) The intelligence elements of the 

20 Army, the Navy, the Air Force, the Marine 

21 Corps, the Federal Bureau of Investigation, and 

22 the Department of Energy. 

23 ‘‘(I) The Bureau of Intelligence and Re24 search of the Department of State. 

25 ‘‘(J) The Office of Intelligence and Anal26 ysis of the Department of the Treasury. 
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1 ‘‘(K) The elements of the Department of 

2 Homeland Security concerned with the analysis 

3 of intelligence information, including the Office 

4 of Intelligence of the Coast Guard. 

5 ‘‘(L) Such other elements of any other de6 partment or agency as may be designated by 

7 the President, or designated jointly by the Na8 tional Intelligence Director and the head of the 

9 department or agency concerned, as an element 

10 of the intelligence community.’’. 

11 SEC. 175. REDESIGNATION OF NATIONAL FOREIGN INTEL12 LIGENCE PROGRAM AS NATIONAL INTEL13 LIGENCE PROGRAM. 

14 (a) REDESIGNATION.—Paragraph (6) of section 3 of 

15 the National Security Act of 1947 (50 U.S.C. 401a) is 

16 amended to read as follows: 

17 ‘‘(6) The term ‘National Intelligence Pro18 gram’— 

19 ‘‘(A)(i) refers to all national intelligence 

20 programs, projects, and activities of the ele21 ments of the intelligence community; and 

22 ‘‘(ii) includes all programs, projects, and 

23 activities (whether or not pertaining to national 

24 intelligence) of the National Intelligence Au25 thority, the Central Intelligence Agency, the 
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1 National Security Agency, the National 

2 Geospatial-Intelligence Agency, the National 

3 Reconnaissance Office, the Office of Intelligence 

4 of the Federal Bureau of Investigation, and the 

5 Directorate of Information Analysis and Infra6 structure Protection of the Department of 

7 Homeland Security; but 

8 ‘‘(B) does not refer— 

9 ‘‘(i) to any program, project, or activ10 ity pertaining solely to the requirements of 

11 a single department, agency, or element of 

12 the United States Government; or 

13 ‘‘(ii) to any program, project, or activ14 ity of the military departments to acquire 

15 intelligence solely for the planning and 

16 conduct of tactical military operations by 

17 the United States Armed Forces.’’. 

18 (b) CONFORMING AMENDMENTS.—(1) The National 

19 Security Act of 1947, as amended by this Act, is further 

20 amended by striking ‘‘National Foreign Intelligence Pro21 gram’’ each place it appears in the following provisions 

22 and inserting ‘‘National Intelligence Program’’: 

23 (A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). 

24 (B) Section 105(a)(3) (50 U.S.C. 403–5(a)(3)). 

25 (C) Section 506(a) (50 U.S.C. 415a(a)). 
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1 (2) Section 17(f) of the Central Intelligence Agency 

2 Act of 1949 (50 U.S.C. 403q(f)) is amended by striking 

3 ‘‘National Foreign Intelligence Program’’ and inserting 

4 ‘‘National Intelligence Program’’. 

5 (c) HEADING AMENDMENTS.—(1) The heading of 

6 section 105 of that Act is amended by striking ‘‘FOR7 EIGN’’. 

8 (2) The heading of section 506 of that Act is amend9 ed by striking ‘‘FOREIGN’’. 

10 SEC. 176. REPEAL OF SUPERSEDED AUTHORITIES. 

11 (a) APPOINTMENT OF CERTAIN INTELLIGENCE OF12 FICIALS.—Section 106 of the National Security Act of 

13 1947 (50 U.S.C. 403–6) is repealed. 

14 (b) COLLECTION TASKING AUTHORITY.—Section 

15 111 of the National Security Act of 1947 (50 U.S.C. 404f) 

16 is repealed. 

17 SEC. 177. CLERICAL AMENDMENTS TO NATIONAL SECURITY 

18 ACT OF 1947. 

19 The table of contents for the National Security Act 

20 of 1947 is amended— 

21 (1) by striking the items relating to sections 

22 102 through 104 and inserting the following new 

23 items: 

‘‘Sec. 102. Central Intelligence Agency. 

‘‘Sec. 103. Director of the Central Intelligence Agency.’’; 
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1 (2) by striking the item relating to section 105 

2 and inserting the following new item: 

‘‘Sec 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence Program.’’; 

3 (3) by striking the item relating to section 114 

4 and inserting the following new item: 

‘‘Sec. 114. Additional annual reports from the National Intelligence Director.’’; 

5 and 

6 (4) by striking the item relating to section 506 

7 and inserting the following new item: 

‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for 

counterterrorism, counterproliferation, counternarcotics, and 

counterintelligence’’. 

8 SEC. 178. CONFORMING AMENDMENTS RELATING TO DUAL 

9 SERVICE OF CERTAIN OFFICIALS AS DEPUTY 

10 NATIONAL INTELLIGENCE DIRECTORS. 

11 (a) DIRECTOR OF CENTRAL INTELLIGENCE AGEN12 CY.—Section 1 of the Central Intelligence Agency Act of 

13 1949 (50 U.S.C. 403a) is amended— 

14 (1) by redesignating paragraphs (a), (b), and 

15 (c) as paragraphs (1), (2), and (3), respectively; and 

16 (2) by striking paragraph (2), as so redesig17 nated, and inserting the following new paragraph 

18 (2): 

19 ‘‘(2) ‘Director’ means the Director of the Central In20 telligence Agency; and’’. 
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1 (b) UNDER SECRETARY OF DEFENSE FOR INTEL2 LIGENCE.—Section 137 of title 10, United States Code, 

3 is amended— 

4 (1) in subsection (a), by adding at the end the 

5 following new sentence: ‘‘The appointment of an in6 dividual as Under Secretary is subject to the provi7 sions of section 135(c) of the National Intelligence 

8 Authority Act of 2004.’’; and 

9 (2) in subsection (b)— 

10 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

11 (B) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) In addition to the duties and powers provided 

14 for under paragraph (1), the Under Secretary of Defense 

15 for Intelligence also serves as Deputy National Intelligence 

16 Director for Defense Intelligence under section 114(c) of 

17 the National Intelligence Authority Act of 2004, and, in 

18 that capacity, has the duties and responsibilities set forth 

19 in paragraph (3) of such section.’’. 

20 (c) UNDER SECRETARY OF HOMELAND SECURITY

21 FOR INFORMATION ANALYSIS AND INFRASTRUCTURE

22 PROTECTION.—Section 201(a) of the Homeland Security 

23 Act of 2002 (6 U.S.C. 201(a)) is amended— 

24 (1) in paragraph (1), by adding at the end the 

25 following new sentence:‘‘The appointment of an indi-
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1 vidual as Under Secretary is subject to the provi2 sions of section 135(c) of the National Intelligence 

3 Authority Act of 2004.’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(3) CONCURRENT SERVICE AS DEPUTY NA7 TIONAL INTELLIGENCE DIRECTOR FOR HOMELAND

8 INTELLIGENCE.—Upon the election of the National 

9 Intelligence Director, the Under Secretary also 

10 serves as the Deputy National Intelligence Director 

11 for Homeland Intelligence under section 114(d) of 

12 the National Intelligence Authority Act of 2004, 

13 and, in that capacity, has the duties and responsibil14 ities set forth in paragraph (3) of such section.’’. 

15 (d) EXECUTIVE ASSISTANT DIRECTOR FOR INTEL16 LIGENCE OF FBI.—Upon the election of the National In17 telligence Director, the Executive Assistant Director for 

18 Intelligence of the Federal Bureau of Investigation also 

19 serves as the Deputy National Intelligence Director for 

20 Homeland Intelligence under section 114(d), and, in that 

21 capacity, has the duties and responsibilities set forth in 

22 paragraph (3) of such section. 
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1 SEC. 179. CONFORMING AMENDMENT TO INSPECTOR GEN2 ERAL ACT OF 1978. 

3 Section 8H(a)(1) of the Inspector General Act of 

4 1978 (5 U.S.C. App.) is amended by adding at the end 

5 the following new subparagraph: 

6 ‘‘(D) An employee of the National Intelligence Au7 thority, or of a contractor of the Authority, who intends 

8 to report to Congress a complaint or information with re9 spect to an urgent concern may report the complaint or 

10 information to the Inspector General of the National Intel11 ligence Authority in accordance with section 131(h)(5) of 

12 the National Intelligence Authority Act of 2004.’’. 

13 Subtitle G—Other Matters 

14 SEC. 181. TRANSFER OF COMMUNITY MANAGEMENT STAFF. 

15 (a) TRANSFER.—There shall be transferred to the 

16 Office of the National Intelligence Director the staff of 

17 the Community Management Staff as of the date of the 

18 enactment of this Act, including all functions and activi19 ties discharged by the Community Management Staff as 

20 of that date. 

21 (b) ADMINISTRATION.—The National Intelligence Di22 rector shall administer the Community Management Staff 

23 after the date of the enactment of this Act as a component 

24 of the Office of the National Intelligence Director under 

25 section 113(d)(2). 
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1 SEC. 182. TRANSFER OF TERRORIST THREAT INTEGRATION 

2 CENTER. 

3 (a) TRANSFER.—There shall be transferred to the 

4 National Counterterrorism Center the Terrorist Threat 

5 Integration Center (TTIC), including all functions and ac6 tivities discharged by the Terrorist Threat Integration 

7 Center as of the date of the enactment of this Act. 

8 (b) ADMINISTRATION.—The Director of the National 

9 Counterterrorism Center shall administer the Terrorist 

10 Threat Integration Center after the date of the enactment 

11 of this Act as a component of the Directorate of Intel12 ligence of the National Counterterrorism Center under 

13 section 141(f)(2). 

14 SEC. 183. TERMINATION OF POSITIONS OF ASSISTANT DI15 RECTORS OF CENTRAL INTELLIGENCE. 

16 (a) TERMINATION.—The positions within the Central 

17 Intelligence Agency referred to in subsection (b) are here18 by abolished. 

19 (b) COVERED POSITIONS.—The positions within the 

20 Central Intelligence Agency referred to in this subsection 

21 are as follows: 

22 (1) The Assistant Director of Central Intel23 ligence for Collection. 

24 (2) The Assistant Director of Central Intel25 ligence for Analysis and Production. 
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1 (3) The Assistant Director of Central Intel2 ligence for Administration. 

3 SEC. 184. TERMINATION OF JOINT MILITARY INTEL4 LIGENCE PROGRAM. 

5 Effective as of October 1, 2005, the Joint Military 

6 Intelligence Program is abolished. 

7 SEC. 185. EXECUTIVE SCHEDULE MATTERS. 

8 (a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 

9 of title 5, United States Code, is amended by adding the 

10 end the following new item: 

11 ‘‘National Intelligence Director.’’. 

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

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

14 the end the following new items: 

15 ‘‘Deputy National Intelligence Director. 

16 ‘‘Director of the National Counterterrorism 

17 Center.’’. 

18 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

19 5315 of title 5, United States Code, is amended by strik20 ing the item relating to the Assistant Directors of Central 

21 Intelligence. 

22 SEC. 186. PRESERVATION OF INTELLIGENCE CAPABILITIES. 

23 The National Intelligence Director, the Director of 

24 the Central Intelligence Agency, and the Secretary of De25 fense shall jointly take such actions as are appropriate to 
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1 preserve the intelligence capabilities of the United States 

2 during the establishment of the National Intelligence Au3 thority under this title. 

4 SEC. 187. GENERAL REFERENCES. 

5 (a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD

6 OF INTELLIGENCE COMMUNITY.—Any reference to the 

7 Director of Central Intelligence or the Director of the Cen8 tral Intelligence Agency in the Director’s capacity as the 

9 head of the intelligence community in any law, regulation, 

10 document, paper, or other record of the United States 

11 shall be deemed to be a reference to the National Intel12 ligence Director. 

13 (b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD

14 OF CIA.—Any reference to the Director of Central Intel15 ligence or the Director of the Central Intelligence Agency 

16 in the Director’s capacity as the head of the Central Intel17 ligence Agency in any law, regulation, document, paper, 

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

19 be a reference to the Director of the Central Intelligence 

20 Agency. 

21 (c) COMMUNITY MANAGEMENT STAFF.—Any ref22 erence to the Community Management Staff in any law, 

23 regulation, document, paper, or other record of the United 

24 States shall be deemed to be a reference to the staff of 

25 the Office of the National Intelligence Director. 
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1 TITLE II—INFORMATION 

2 SHARING 

3 SEC. 201. INFORMATION SHARING. 

4 (a) DEFINITIONS.—In this section: 

5 (1) NETWORK.—The term ‘‘Network’’ means 

6 the Information Sharing Network described in sub7 section (c). 

8 (2) TERRORISM INFORMATION.—The term ‘‘ter9 rorism information’’ means all information, whether 

10 collected, produced, or distributed by intelligence, 

11 law enforcement, military, homeland security, or 

12 other activities, relating to— 

13 (A) the existence, organization, capabili14 ties, plans, intentions, vulnerabilities, means of 

15 finance or material support, or activities of for16 eign or international terrorist groups or individ17 uals, or of domestic groups or individuals in18 volved in transnational terrorism; 

19 (B) threats posed by such groups or indi20 viduals to the United States, United States per21 sons, or United States interests, or to those of 

22 other nations; 

23 (C) communications of or by such groups 

24 or individuals; or 
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1 (D) information relating to groups or indi2 viduals reasonably believed to be assisting or 

3 associated with such groups or individuals. 

4 (b) FINDINGS.—Consistent with the report of the Na5 tional Commission on Terrorist Attacks Upon the United 

6 States, Congress makes the following findings: 

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

8 available sources, is essential to the fight against 

9 terror and the protection of our homeland. The big10 gest impediment to all-source analysis, and to a 

11 greater likelihood of ‘‘connecting the dots’’, is resist12 ance to sharing information. 

13 (2) The United States Government has access 

14 to a vast amount of information, including not only 

15 traditional intelligence but also other government 

16 databases, such as those containing customs or im17 migration information. But the United States Gov18 ernment has a weak system for processing and using 

19 the information it has. 

20 (3) In the period leading up to September 11, 

21 2001, there were instances of potentially helpful in22 formation that was available but that no person 

23 knew to ask for; information that was distributed 

24 only in compartmented channels; and information 

25 that was requested but could not be shared. 
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1 (4) Current security requirements nurture over2 classification and excessive compartmentalization of 

3 information among agencies. Each agency’s incentive 

4 structure opposes sharing, with risks, including 

5 criminal, civil, and administrative sanctions, but few 

6 rewards for sharing information. 

7 (5) The current system, in which each intel8 ligence agency has its own security practices, re9 quires a demonstrated ‘‘need to know’’ before shar10 ing. This approach assumes that it is possible to 

11 know, in advance, who will need to use the informa12 tion. An outgrowth of the cold war, such a system 

13 implicitly assumes that the risk of inadvertent dis14 closure outweighs the benefits of wider sharing. 

15 Such assumptions are no longer appropriate. Al16 though counterintelligence concerns are still real, the 

17 costs of not sharing information are also substantial. 

18 The current ‘‘need-to-know’’ culture of information 

19 protection needs to be replaced with a ‘‘need-to20 share’’ culture of integration. 

21 (6) A new approach to the sharing of terrorism 

22 information is urgently needed. An important con23 ceptual model for a new ‘‘trusted information net24 work’’ is the Systemwide Homeland Analysis and 

25 Resource Exchange (SHARE) Network proposed by 
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1 a task force of leading professionals assembled by 

2 the Markle Foundation and described in reports 

3 issued in October 2002 and December 2003. 

4 (7) No single agency can create a meaningful 

5 information sharing system on its own. Alone, each 

6 agency can only modernize stovepipes, not replace 

7 them. Presidential leadership is required to bring 

8 about governmentwide change. 

9 (c) INFORMATION SHARING NETWORK.— 

10 (1) ESTABLISHMENT.—The President shall es11 tablish an information sharing network to promote 

12 the sharing of terrorism information, in a manner 

13 consistent with national security and the protection 

14 of privacy and civil liberties. 

15 (2) ATTRIBUTES.—The Network shall promote 

16 coordination, communication and collaboration of 

17 people and information among all relevant Federal 

18 departments and agencies, State, tribal, and local 

19 authorities, and relevant private sector entities, in20 cluding owners and operators of critical infrastruc21 ture, by using policy guidelines and technologies that 

22 support— 

23 (A) a decentralized, distributed, and co24 ordinated environment that connects existing 

25 systems where appropriate and allows users to 
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1 share information horizontally across agencies, 

2 vertically between levels of government, and, as 

3 appropriate, with the private sector; 

4 (B) building on existing systems capabili5 ties at relevant agencies; 

6 (C) utilizing industry best practices, in7 cluding minimizing the centralization of data 

8 and seeking to use common tools and capabili9 ties whenever possible; 

10 (D) employing an information rights man11 agement approach that controls access to data 

12 rather than to whole networks; 

13 (E) facilitating the sharing of information 

14 at and across all levels of security by using pol15 icy guidelines and technologies that support 

16 writing information that can be broadly shared; 

17 (F) providing directory services for locat18 ing people and information; 

19 (G) incorporating protections for individ20 uals’ privacy and civil liberties; 

21 (H) incorporating mechanisms for informa22 tion security; and 

23 (I) access controls, authentication and au24 thorization, audits, and other strong mecha25 nisms for information security and privacy 
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1 guideline enforcement across all levels of secu2 rity, in order to enhance accountability and fa3 cilitate oversight. 

4 (d) IMMEDIATE STEPS.—Not later than 90 days after 

5 the date of enactment of this Act, the President, through 

6 the Director of Management and Budget and in consulta7 tion with the National Intelligence Director, the Attorney 

8 General, the Secretary of Homeland Security, the Sec9 retary of Defense, the Secretary of State, the Director of 

10 the Federal Bureau of Investigation, the Director of the 

11 Central Intelligence Agency, and such other Federal offi12 cials as the President shall designate, shall— 

13 (1) establish electronic directory services to as14 sist in locating in the Federal Government terrorism 

15 information and people with relevant knowledge 

16 about terrorism information; and 

17 (2) conduct a review of relevant current Federal 

18 agency capabilities, including a baseline inventory of 

19 current Federal systems that contain terrorism in20 formation, the money currently spent to maintain 

21 those systems, and identification of other informa22 tion that should be included in the Network. 

23 (e) GUIDELINES.—As soon as possible, but in no 

24 event later than 180 days after the date of enactment of 

25 this Act, the President shall— 
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1 (1) in consultation with the National Intel2 ligence Director and the Advisory Council on Infor3 mation Sharing established in subsection (g), issue 

4 guidelines for acquiring, accessing, sharing, and 

5 using terrorism information, including guidelines to 

6 ensure such information is provided in its most 

7 shareable form, such as by separating out data from 

8 the sources and methods by which they are obtained; 

9 (2) in consultation with the Privacy and Civil 

10 Liberties Oversight Board established under section 

11 901, issue guidelines that— 

12 (A) protect privacy and civil liberties in the 

13 development and use of the Network; and 

14 (B) shall be made public, unless, and only 

15 to the extent that, nondisclosure is clearly nec16 essary to protect national security; 

17 (3) establish objective, systemwide performance 

18 measures to enable the assessment of progress to19 ward achieving full implementation of the Network; 

20 and 

21 (4) require Federal departments and agencies 

22 to promote a culture of information sharing by— 

23 (A) reducing disincentives to information 

24 sharing, including overclassification of informa-
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1 tion and unnecessary requirements for origi2 nator approval; and 

3 (B) providing affirmative incentives for in4 formation sharing, such as the incorporation of 

5 information sharing performance measures into 

6 agency and managerial evaluations, and em7 ployee awards for promoting innovative infor8 mation sharing practices. 

9 (f) SYSTEM DESIGN AND IMPLEMENTATION PLAN.— 

10 Not later than 270 days after the date of enactment of 

11 this Act, the President shall submit to Congress a system 

12 design and implementation plan for the Network. The plan 

13 shall be prepared by the President through the Director 

14 of Management and Budget and in consultation with the 

15 National Intelligence Director, the Attorney General, the 

16 Secretary of Homeland Security, the Secretary of Defense, 

17 the Secretary of State, the Director of the Federal Bureau 

18 of Investigation, the Director of the Central Intelligence 

19 Agency, and such other Federal officials as the President 

20 shall designate, and shall include— 

21 (1) a description of the parameters of the pro22 posed Network, including functions, capabilities, and 

23 resources; 

24 (2) a description of the technological, legal, and 

25 policy issues presented by the creation of the Net-
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1 work described in subsection (c), and the ways in 

2 which these issues will be addressed; 

3 (3)(A) a delineation of the roles of the Federal 

4 departments and agencies that will participate in the 

5 development of the Network, including— 

6 (i) identification of any agency that will 

7 build the infrastructure needed to operate and 

8 manage the Network (as distinct from the indi9 vidual agency components that are to be part of 

10 the Network); and 

11 (ii) identification of any agency that will 

12 operate and manage the Network (as distinct 

13 from the individual agency components that are 

14 to be part of the Network); 

15 (B) a provision that the delineation of roles 

16 under subparagraph (A) shall— 

17 (i) be consistent with the authority of the 

18 National Intelligence Director, under this Act, 

19 to set standards for information sharing and in20 formation technology throughout the intel21 ligence community; and 

22 (ii) recognize the role of the Department of 

23 Homeland Security in coordinating with State, 

24 tribal, and local officials and the private sector; 
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1 (4) a description of the technological require2 ments to appropriately link and enhance existing 

3 networks and a description of the system design that 

4 will meet these requirements; 

5 (5) a plan, including a time line, for the devel6 opment and phased implementation of the Network; 

7 (6) total budget requirements to develop and 

8 implement the Network, including the estimated an9 nual cost for each of the 5 years following the date 

10 of enactment of this Act; and 

11 (7) proposals for any legislation that the Presi12 dent believes necessary to implement the Network. 

13 (g) ADVISORY COUNCIL ON INFORMATION SHAR14 ING.— 

15 (1) ESTABLISHMENT.—There is established an 

16 Advisory Council on Information Sharing (in this 

17 subsection referred to as the ‘‘Council’’). 

18 (2) MEMBERSHIP.—No more than 25 individ19 uals may serve as members of the Council, which 

20 shall include— 

21 (A) the National Intelligence Director, who 

22 shall serve as Chairman of the Council; 

23 (B) the Secretary of Homeland Security; 

24 (C) the Secretary of Defense; 

25 (D) the Attorney General; 
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1 (E) the Secretary of State; 

2 (F) the Director of the Central Intelligence 

3 Agency; 

4 (G) the Director of the Federal Bureau of 

5 Investigation; 

6 (H) the Director of Management and 

7 Budget; 

8 (I) such other Federal officials as the 

9 President shall designate; 

10 (J) representatives of State, tribal, and 

11 local governments, to be appointed by the Presi12 dent; 

13 (K) individuals from outside government 

14 with expertise in relevant technology, security 

15 and privacy concepts, to be appointed by the 

16 President; and 

17 (L) individuals who are employed in pri18 vate businesses or nonprofit organizations that 

19 own or operate critical infrastructure, to be ap20 pointed by the President. 

21 (3) RESPONSIBILITIES.—The Council shall— 

22 (A) advise the President and the heads of 

23 relevant Federal departments and agencies on 

24 the implementation of the Network; 
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1 (B) ensure that there is coordination 

2 among participants in the Network in the devel3 opment and implementation of the Network; 

4 (C) review, on an ongoing basis, policy, 

5 legal and technology issues related to the imple6 mentation of the Network; and 

7 (D) establish a dispute resolution process 

8 to resolve disagreements among departments 

9 and agencies about whether particular terrorism 

10 information should be shared and in what man11 ner. 

12 (4) INAPPLICABILITY OF FEDERAL ADVISORY

13 COMMITTEE ACT.—The Council shall not be subject 

14 to the requirements of the Federal Advisory Com15 mittee Act (5 U.S.C. App.). 

16 (5) INFORMING THE PUBLIC.—The Council 

17 shall hold public hearings and otherwise inform the 

18 public of its activities, as appropriate and in a man19 ner consistent with the protection of classified infor20 mation and applicable law. 

21 (6) COUNCIL REPORTS.—Not later than 1 year 

22 after the date of enactment of this Act and annually 

23 thereafter, the National Intelligence Director, in the 

24 capacity of Chairman of the Council, shall submit a 

25 report to Congress that shall include— 
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1 (A) a description of the activities and ac2 complishments of the Council in the preceding 

3 year; and 

4 (B) the number and dates of the meetings 

5 held by the Council and a list of attendees at 

6 each meeting. 

7 (h) PRESIDENTIAL REPORTS.—Not later than 1 year 

8 after the date of enactment of this Act, and semiannually 

9 thereafter, the President shall submit a report to Congress 

10 on the state of the Network. The report shall include— 

11 (1) a progress report on the extent to which the 

12 Network has been implemented, including how the 

13 Network has fared on the governmentwide and agen14 cy-specific performance measures and whether the 

15 performance goals set in the preceding year have 

16 been met; 

17 (2) objective systemwide performance goals for 

18 the following year; 

19 (3) an accounting of how much was spent on 

20 the Network in the preceding year; 

21 (4) actions taken to ensure that agencies pro22 cure new technology that is consistent with the Net23 work and information on whether new systems and 

24 technology are consistent with the Network; 
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1 (5) the extent to which, in appropriate cir2 cumstances, all terrorism watch lists are available 

3 for combined searching in real time through the 

4 Network and whether there are consistent standards 

5 for placing individuals on, and removing individuals 

6 from, the watch lists, including the availability of 

7 processes for correcting errors; 

8 (6) the extent to which unnecessary roadblocks 

9 or disincentives to information sharing, including the 

10 inappropriate use of paper-only intelligence products 

11 and requirements for originator approval, have been 

12 eliminated; 

13 (7) the extent to which positive incentives for 

14 information sharing have been implemented; 

15 (8) the extent to which classified information is 

16 also made available through the Network, in whole 

17 or in part, in unclassified form; 

18 (9) the extent to which State, tribal, and local 

19 officials— 

20 (A) are participating in the Network; 

21 (B) have systems which have become inte22 grated into the Network; 

23 (C) are providing as well as receiving infor24 mation; and 
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1 (D) are using the Network to communicate 

2 with each other; 

3 (10) the extent to which— 

4 (A) private sector data, including informa5 tion from owners and operators of critical infra6 structure, is incorporated in the Network; and 

7 (B) the private sector is both providing 

8 and receiving information; 

9 (11) where private sector data has been used by 

10 the Government or has been incorporated into the 

11 Network— 

12 (A) the measures taken to protect sensitive 

13 business information; and 

14 (B) where the data involves information 

15 about individuals, the measures taken to ensure 

16 the accuracy of such data; 

17 (12) the measures taken by the Federal Gov18 ernment to ensure the accuracy of other information 

19 on the Network and, in particular, the accuracy of 

20 information about individuals; 

21 (13) an assessment of the Network’s privacy 

22 protections, including actions taken in the preceding 

23 year to implement or enforce privacy protections and 

24 a report of complaints received about interference 

25 with an individual’s privacy or civil liberties; and 
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1 (14) an assessment of the security protections 

2 of the Network. 

3 (i) AGENCY PLANS AND REPORTS.—Each Federal 

4 department or agency that possesses or uses terrorism in5 formation or that otherwise participates, or expects to par6 ticipate, in the Network, shall submit to the Director of 

7 Management and Budget and to Congress— 

8 (1) not later than 1 year after the enactment 

9 of this Act, a report including— 

10 (A) a strategic plan for implementation of 

11 the Network’s requirements within the depart12 ment or agency; 

13 (B) objective performance measures to as14 sess the progress and adequacy of the depart15 ment’s or agency’s information sharing efforts; 

16 and 

17 (C) budgetary requirements to integrate 

18 the department or agency into the Network, in19 cluding projected annual expenditures for each 

20 of the following 5 years following the submis21 sion of the reports; and 

22 (2) annually thereafter, reports including— 

23 (A) an assessment of the department’s or 

24 agency’s progress in complying with the Net25 work’s requirements, including how well the de-
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1 partment or agency has performed on the objec2 tive measures developed under paragraph (1); 

3 (B) the department’s or agency’s expendi4 tures to implement and comply with the Net5 work’s requirements in the preceding year; 

6 (C) the department’s or agency’s plans for 

7 further implementation of the Network in the 

8 year following the submission of the report. 

9 (j) PERIODIC ASSESSMENTS.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, and periodically 

12 thereafter, the Government Accountability Office 

13 shall review and evaluate the implementation of the 

14 Network, both generally and, at its discretion, within 

15 specific departments and agencies, to determine the 

16 extent of compliance with the Network’s require17 ments and to assess the effectiveness of the Network 

18 in improving information sharing and collaboration 

19 and in protecting privacy and civil liberties, and 

20 shall report to Congress on its findings. 

21 (2) INSPECTORS GENERAL.—The Inspector 

22 General in any Federal department or agency that 

23 possesses or uses terrorism information or that oth24 erwise participates in the Network shall, at the dis25 cretion of the Inspector General— 
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1 (A) conduct audits or investigations to— 

2 (i) determine the compliance of that 

3 department or agency with the Network’s 

4 requirements; and 

5 (ii) assess the effectiveness of that de6 partment or agency in improving informa7 tion sharing and collaboration and in pro8 tecting privacy and civil liberties; and 

9 (B) issue reports on such audits and inves10 tigations. 

11 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated— 

13 (1) $50,000,000 to the Director of Management 

14 and Budget to carry out this section for fiscal year 

15 2005; and 

16 (2) such sums as are necessary to carry out this 

17 section in each fiscal year thereafter, to be disbursed 

18 and allocated in accordance with the Network sys19 tem design and implementation plan required by 

20 subsection (f). 
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1 TITLE III—CONGRESSIONAL 

2 REFORM 

3 SEC. 301. FINDINGS. 

4 Consistent with the report of the National Commis5 sion on Terrorist Attacks Upon the United States, Con6 gress makes the following findings: 

7 (1) The American people are not served well by 

8 current congressional rules and resolutions gov9 erning intelligence and homeland security oversight. 

10 (2) A unified Executive Branch effort on fight11 ing terrorism will not be effective unless it is 

12 matched by a unified effort in Congress, specifically 

13 a strong, stable, and capable congressional com14 mittee structure to give the intelligence agencies and 

15 Department of Homeland Security sound oversight, 

16 support, and leadership. 

17 (3) The intelligence committees of the Senate 

18 and the House of Representatives are not organized 

19 to provide strong leadership and oversight for intel20 ligence and counterterrorism. 

21 (4) Jurisdiction over the Department of Home22 land Security, which is scattered among many com23 mittees in each chamber, does not allow for the clear 

24 authority and responsibility needed for effective con25 gressional oversight. 
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1 (5) Congress should either create a new, joint 

2 Senate-House intelligence authorizing committee 

3 modeled on the former Joint Committee on Atomic 

4 Energy, or establish new intelligence committees in 

5 each chamber with combined authorization and ap6 propriations authority. 

7 (6) Congress should establish a single, principal 

8 point of oversight and review in each chamber for 

9 the Department of Homeland Security and the re10 port of the National Commission on Terrorist At11 tacks Upon the United States stated that ‘‘Congres12 sional leaders are best able to judge what committee 

13 should have jurisdiction over this department and its 

14 duties.’’. 

15 (7) In August 2004, the joint Senate leadership 

16 created a bipartisan working group to examine how 

17 best to implement the Commission’s recommenda18 tions with respect to reform of the Senate’s over19 sight of intelligence and homeland security, and di20 rected the working group to begin its work imme21 diately and to present its findings and recommenda22 tions to Senate leadership as expeditiously as pos23 sible. 
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1 SEC. 302. REORGANIZATION OF CONGRESSIONAL JURIS2 DICTION. 

3 The 108th Congress shall not adjourn until each 

4 House of Congress has adopted the necessary changes to 

5 its rules such that, effective the start of the 109th Con6 gress— 

7 (1) jurisdiction over proposed legislation, mes8 sages, petitions, memorials, and other matters relat9 ing to the Department of Homeland Security shall 

10 be consolidated in a single committee in each House 

11 and such committee shall have a nonpartisan staff; 

12 and 

13 (2) jurisdiction over proposed legislation, mes14 sages, petitions, memorials, and other matters re15 lated to intelligence shall reside in— 

16 (A) either a joint Senate-House author17 izing committee modeled on the former Joint 

18 Committee on Atomic Energy, or a committee 

19 in each chamber with combined authorization 

20 and appropriations authority; and 

21 (B) regardless of which committee struc22 ture is selected, the intelligence committee or 

23 committees shall have— 

24 (i) not more than 9 members in each 

25 House, who shall serve without term limits 

26 and of which at least 1 each shall also 
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1 serve on a committee on Armed Services, 

2 Judiciary, and Foreign Affairs and at least 

3 1 on a Defense Appropriations sub4 committee; 

5 (ii) authority to issue subpoenas; 

6 (iii) majority party representation 

7 that does not exceed minority party rep8 resentation by more than 1 member in 

9 each House, and a nonpartisan staff; and 

10 (iv) a subcommittee devoted solely to 

11 oversight. 

12 TITLE IV—PRESIDENTIAL 

13 TRANSITION 

14 SEC. 401. PRESIDENTIAL TRANSITION. 

15 (a) SERVICES PROVIDED PRESIDENT-ELECT.—Sec16 tion 3 of the Presidential Transition Act of 1963 (3 

17 U.S.C. 102 note) is amended— 

18 (1) by adding after subsection (a)(8)(A)(iv) the 

19 following: 

20 ‘‘(v) Activities under this paragraph 

21 shall include the preparation of a detailed 

22 classified, compartmented summary by the 

23 relevant outgoing executive branch officials 

24 of specific operational threats to national 

25 security; major military or covert oper-
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1 ations; and pending decisions on possible 

2 uses of military force. This summary shall 

3 be provided to the President-elect as soon 

4 as possible after the date of the general 

5 elections held to determine the electors of 

6 President and Vice President under section 

7 1 or 2 of title 3, United States Code.’’; 

8 (2) by redesignating subsection (f) as sub9 section (g); and 

10 (3) by adding after subsection (e) the following: 

11 ‘‘(f)(1) The President-elect should submit to the 

12 agency designated by the President under section 401(d) 

13 of the 9/11 Commission Report Implementation Act of 

14 2004 the names of candidates for high level national secu15 rity positions through the level of undersecretary of cabi16 net departments as soon as possible after the date of the 

17 general elections held to determine the electors of Presi18 dent and Vice President under section 1 or 2 of title 3, 

19 United States Code. 

20 ‘‘(2) The Federal Bureau of Investigation, and any 

21 other appropriate agency, shall undertake and complete as 

22 expeditiously as possible the background investigations 

23 necessary to provide appropriate security clearances to the 

24 individuals who are candidates described under paragraph 

25 (1) before the date of the inauguration of the President- 
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1 elect as President and the inauguration of the Vice-Presi2 dent-elect as Vice President.’’. 

3 (b) SENSE OF THE SENATE REGARDING EXPEDITED

4 CONSIDERATION OF NATIONAL SECURITY NOMINEES.— 

5 It is the sense of the Senate that— 

6 (1) the President-elect should submit the nomi7 nations of candidates for high-level national security 

8 positions, through the level of undersecretary of cab9 inet departments, to the Senate by the date of the 

10 inauguration of the President-elect as President; and 

11 (2) for all national security nominees received 

12 by the date of inauguration, the Senate committees 

13 to which these nominations are referred should, to 

14 the fullest extent possible, complete their consider15 ation of these nominations, and, if such nominations 

16 are reported by the committees, the full Senate 

17 should vote to confirm or reject these nominations, 

18 within 30 days of their submission. 

19 (c) SECURITY CLEARANCES FOR TRANSITION TEAM

20 MEMBERS.— 

21 (1) DEFINITION.—In this section, the term 

22 ‘‘major party’’ shall have the meaning given under 

23 section 9002(6) of the Internal Revenue Code of 

24 1986. 
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1 (2) IN GENERAL.—Each major party candidate 

2 for President, except a candidate who is the incum3 bent President, may submit, before the date of the 

4 general election, requests for security clearances for 

5 prospective transition team members who will have 

6 a need for access to classified information to carry 

7 out their responsibilities as members of the Presi8 dent-elect’s transition team. 

9 (3) COMPLETION DATE.—Necessary back10 ground investigations and eligibility determinations 

11 to permit appropriate prospective transition team 

12 members to have access to classified information 

13 shall be completed, to the fullest extent practicable, 

14 by the day after the date of the general election. 

15 (d) CONSOLIDATION OF RESPONSIBILITY FOR PER16 SONNEL SECURITY INVESTIGATIONS.— 

17 (1) CONSOLIDATION.— 

18 (A) IN GENERAL.—Not later than 45 days 

19 after the date of enactment of this Act, the 

20 President shall select a single Federal agency to 

21 provide and maintain all security clearances for 

22 Federal employees and Federal contractor per23 sonnel who require access to classified informa24 tion, including conducting all investigation func25 tions. 
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1 (B) CONSIDERATIONS.—In selecting an 

2 agency under this paragraph, the President 

3 shall fully consider requiring the transfer of in4 vestigation functions to the Office of Personnel 

5 Management as described under section 906 of 

6 the National Defense Authorization Act for Fis7 cal Year 2004 (5 U.S.C. 1101 note). 

8 (C) COORDINATION AND CONSOLIDATION

9 OF RESPONSIBILITIES.—The Federal agency se10 lected under this paragraph shall— 

11 (i) take all necessary actions to carry 

12 out the responsibilities under this sub13 section, including entering into a memo14 randum of understanding with any agency 

15 carrying out such responsibilities before 

16 the date of enactment of this Act; and 

17 (ii) identify any legislative actions 

18 necessary to further implement this sub19 section. 

20 (D) DATABASE.—The agency selected 

21 shall, as soon as practicable, establish and 

22 maintain a single database for tracking security 

23 clearance applications, investigations and eligi24 bility determinations and ensure that security 

25 clearance investigations are conducted accord-
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1 ing to uniform standards, including uniform se2 curity questionnaires and financial disclosure 

3 requirements. 

4 (E) POLYGRAPHS.—The President shall di5 rect the agency selected under this paragraph 

6 to administer any polygraph examinations on 

7 behalf of agencies that require them. 

8 (2) ACCESS.—The President, acting through 

9 the National Intelligence Director, shall— 

10 (A) establish uniform standards and proce11 dures for the grant of access to classified infor12 mation to any officer or employee of any agency 

13 or department of the United States and to em14 ployees of contractors of those agencies and de15 partments; 

16 (B) ensure the consistent implementation 

17 of those standards and procedures throughout 

18 such agencies and departments; and 

19 (C) ensure that security clearances granted 

20 by individual elements of the intelligence com21 munity are recognized by all elements of the in22 telligence community, and under contracts en23 tered into by such elements. 
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1 TITLE V—THE ROLE OF DIPLO2 MACY, FOREIGN AID, AND 

3 THE MILITARY IN THE WAR 

4 ON TERRORISM 

5 SEC. 501. REPORT ON TERRORIST SANCTUARIES. 

6 (a) FINDINGS.—Consistent with the report of the Na7 tional Commission on Terrorist Attacks Upon the United 

8 States, Congress makes the following findings: 

9 (1) Complex terrorist operations require loca10 tions that provide such operations sanctuary from 

11 interference by government or law enforcement per12 sonnel. 

13 (2) A terrorist sanctuary existed in Afghanistan 

14 before September 11, 2001. 

15 (3) The terrorist sanctuary in Afghanistan pro16 vided direct and indirect value to members of al 

17 Qaeda who participated in the terrorist attacks on 

18 the United States on September 11, 2001 and in 

19 other terrorist operations. 

20 (4) Terrorist organizations have fled to some of 

21 the least governed and most lawless places in the 

22 world to find sanctuary. 

23 (5) During the twenty-first century, terrorists 

24 are focusing on remote regions and failing states as 

25 locations to seek sanctuary. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) the United States Government should iden4 tify and prioritize locations that are or that could be 

5 used as terrorist sanctuaries; 

6 (2) the United States Government should have 

7 a realistic strategy that includes the use of all ele8 ments of national power to keep possible terrorists 

9 from using a location as a sanctuary; and 

10 (3) the United States Government should reach 

11 out, listen to, and work with countries in bilateral 

12 and multilateral fora to prevent locations from be13 coming sanctuaries and to prevent terrorists from 

14 using locations as sanctuaries. 

15 (c) STRATEGY ON TERRORIST SANCTUARIES.— 

16 (1) REPORT REQUIRED.—Not later than 180 

17 days after the date of the enactment of this Act, the 

18 President shall submit to Congress a report that de19 scribes a strategy for addressing and, where pos20 sible, eliminating terrorist sanctuaries. 

21 (2) CONTENT.—The report required under this 

22 section shall include the following: 

23 (A) A description of actual and potential 

24 terrorist sanctuaries, together with an assess-
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1 ment of the priorities of addressing and elimi2 nating 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 Government to work with other countries 

8 in bilateral and multilateral fora to address or 

9 eliminate actual or potential terrorist sanc10 tuaries and disrupt or eliminate the security 

11 provided to terrorists by such sanctuaries. 

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 such as supporting and strengthening host gov16 ernments, reducing poverty, increasing eco17 nomic development, strengthening civil society, 

18 securing borders, strengthening internal secu19 rity forces, and disrupting logistics and commu20 nications networks of terrorist groups. 

21 SEC. 502. ROLE OF PAKISTAN IN COUNTERING TERRORISM. 

22 (a) FINDINGS.—Consistent with the report of the Na23 tional Commission on Terrorist Attacks Upon the United 

24 States, Congress makes the following findings: 
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1 (1) The Government of Pakistan has a critical 

2 role to perform in the struggle against Islamist ter3 rorism. 

4 (2) The endemic poverty, widespread corrup5 tion, and frequent ineffectiveness of government in 

6 Pakistan create opportunities for Islamist recruit7 ment. 

8 (3) The poor quality of education in Pakistan 

9 is particularly worrying, as millions of families send 

10 their children to madrassahs, some of which have 

11 been used as incubators for violent extremism. 

12 (4) The vast unpoliced regions in Pakistan 

13 make the country attractive to extremists seeking 

14 refuge and recruits and also provide a base for oper15 ations against coalition forces in Afghanistan. 

16 (5) A stable Pakistan, with a government advo17 cating ‘‘enlightened moderation’’ in the Muslim 

18 world, is critical to stability in the region. 

19 (6) There is a widespread belief among the peo20 ple of Pakistan that the United States has long 

21 treated them as allies of convenience. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 (1) the United States should make a long-term 

25 commitment to assisting in ensuring a promising, 
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1 stable, and secure future in Pakistan, as long as its 

2 leaders remain committed to combatting extremists 

3 and implementing a strategy of ‘‘enlightened mod4 eration’’; 

5 (2) the United States aid to Pakistan should be 

6 fulsome and, at a minimum, sustained at the fiscal 

7 year 2004 levels; 

8 (3) the United States should support the Gov9 ernment of Pakistan with a comprehensive effort 

10 that extends from military aid to support for better 

11 education; and 

12 (4) the United States Government should de13 vote particular attention and resources to assisting 

14 in the improvement of the quality of education in 

15 Pakistan. 

16 (c) REPORT ON SUPPORT FOR PAKISTAN.— 

17 (1) REPORT REQUIRED.—Not later than 180 

18 days after the date of the enactment of this Act, the 

19 President shall submit to Congress a report on the 

20 efforts of the United States Government to support 

21 Pakistan and encourage moderation in that country. 

22 (2) CONTENT.—The report required under this 

23 section shall include the following: 

24 (A) An examination of the desirability of 

25 establishing a Pakistan Education Fund to di-
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1 rect resources toward improving the quality of 

2 secondary schools in Pakistan. 

3 (B) Recommendations on the funding nec4 essary to provide various levels of educational 

5 support. 

6 (C) An examination of the current com7 position and levels of United States military aid 

8 to Pakistan, together with any recommenda9 tions for changes in such levels and composition 

10 that the President considers appropriate. 

11 (D) An examination of other major types 

12 of United States financial support to Pakistan, 

13 together with any recommendations for changes 

14 in the levels and composition of such support 

15 that the President considers appropriate. 

16 SEC. 503. AID TO AFGHANISTAN. 

17 (a) FINDINGS.—Consistent with the report of the Na18 tional Commission on Terrorist Attacks Upon the United 

19 States, Congress makes the following findings: 

20 (1) The United States and its allies in the 

21 international community have made progress in pro22 moting economic and political reform within Afghan23 istan, including the establishment of a central gov24 ernment with a democratic constitution, a new cur25 rency, and a new army, the increase of personal 
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1 freedom, and the elevation of the standard of living 

2 of many Afghans. 

3 (2) A number of significant obstacles must be 

4 overcome if Afghanistan is to become a secure and 

5 prosperous democracy, and such a transition de6 pends in particular upon— 

7 (A) improving security throughout the 

8 country; 

9 (B) disarming and demobilizing militias; 

10 (C) curtailing the rule of the warlords; 

11 (D) promoting equitable economic develop12 ment; 

13 (E) protecting the human rights of the 

14 people of Afghanistan; 

15 (F) holding elections for public office; and 

16 (G) ending the cultivation and trafficking 

17 of narcotics. 

18 (3) The United States and the international 

19 community must make a long-term commitment to 

20 addressing the deteriorating security situation in Af21 ghanistan and the burgeoning narcotics trade, en22 demic poverty, and other serious problems in Af23 ghanistan in order to prevent that country from re24 lapsing into a sanctuary for international terrorism. 
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1 (b) POLICY.—It shall be the policy of the United 

2 States to take the following actions with respect to Af3 ghanistan: 

4 (1) Working with other nations to obtain long5 term security, political, and financial commitments 

6 and fulfillment of pledges to the Government of Af7 ghanistan to accomplish the objectives of the Af8 ghanistan Freedom Support Act of 2002 (22 U.S.C. 

9 7501 et seq.), especially to ensure a secure, demo10 cratic, and prosperous Afghanistan that respects the 

11 rights of its citizens and is free of international ter12 rorist organizations. 

13 (2) Using the voice and vote of the United 

14 States in relevant international organizations, in15 cluding the North Atlantic Treaty Organization and 

16 the United Nations Security Council, to strengthen 

17 international commitments to assist the Government 

18 of Afghanistan in enhancing security, building na19 tional police and military forces, increasing counter20 narcotics efforts, and expanding infrastructure and 

21 public services throughout the country. 

22 (3) Taking appropriate steps to increase the as23 sistance provided under programs of the Department 

24 of State and the United States Agency for Inter25 national Development throughout Afghanistan and 
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1 to increase the number of personnel of those agen2 cies in Afghanistan as necessary to support the in3 creased assistance. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) FISCAL YEAR 2005.—There are authorized 

6 to be appropriated to the President for fiscal year 

7 2005 for assistance for Afghanistan, in addition to 

8 any amounts otherwise available for the following 

9 purposes, the following amounts: 

10 (A) For Development Assistance to carry 

11 out the provisions of sections 103, 105, and 

12 106 of the Foreign Assistance Act of 1961 (22 

13 U.S.C. 2151a, 2151c, and 2151d), 

14 $400,000,000. 

15 (B) For the Child Survival and Health 

16 Program Fund to carry out the provisions of 

17 section 104 of the Foreign Assistance Act of 

18 1961 (22 U.S.C. 2151b), $100,000,000. 

19 (C) For the Economic Support Fund to 

20 carry out the provisions of chapter 4 of part II 

21 of the Foreign Assistance Act of 1961 (22 

22 U.S.C. 2346 et seq.), $550,000,000. 

23 (D) For International Narcotics and Law 

24 Enforcement to carry out the provisions of sec-
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1 tion 481 of the Foreign Assistance Act of 1961 

2 (22 U.S.C. 2291), $360,000,000. 

3 (E) For Nonproliferation, Anti-Terrorism, 

4 Demining, and Related Programs, $50,000,000. 

5 (F) For International Military Education 

6 and Training to carry out the provisions of sec7 tion 541 of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2347), $2,000,000. 

9 (G) For Foreign Military Financing Pro10 gram grants to carry of the provision of section 

11 23 of the Arms Export Control Act (22 U.S.C. 

12 2763), $880,000,000. 

13 (H) For Peacekeeping Operations to carry 

14 out the provisions of section 551 of the Foreign 

15 Assistance Act of 1961 (22 U.S.C. 2348), 

16 $60,000,000. 

17 (2) FISCAL YEARS 2006 THROUGH 2009.—There 

18 are authorized to be appropriated to the President 

19 for each of fiscal years 2006 through 2009 such 

20 sums as may be necessary for financial and other as21 sistance to Afghanistan. 

22 (3) CONDITIONS FOR ASSISTANCE.—Assistance 

23 provided by the President under this subsection— 

24 (A) shall be consistent with the Afghani25 stan Freedom Support Act of 2002; and 
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1 (B) shall be provided with reference to the 

2 ‘‘Securing Afghanistan’s Future’’ document 

3 published by the Government of Afghanistan. 

4 (d) SENSE OF CONGRESS.—It is the sense of Con5 gress that Congress should, in consultation with the Presi6 dent, update and revise, as appropriate, the Afghanistan 

7 Freedom Support Act of 2002. 

8 (e) STRATEGY AND SUPPORT REGARDING UNITED

9 STATES AID TO AFGHANISTAN.— 

10 (1) REQUIREMENT FOR STRATEGY.—Not later 

11 than 180 days after the date of the enactment of 

12 this Act, the President shall submit to Congress a 

13 5-year strategy for providing aid to Afghanistan. 

14 (2) CONTENT.—The strategy required under 

15 paragraph (1) shall describe the resources that will 

16 be needed during the next 5 years to achieve specific 

17 objectives in Afghanistan, including in the following 

18 areas: 

19 (A) Fostering economic development. 

20 (B) Curtailing the cultivation of opium. 

21 (C) Achieving internal security and sta22 bility. 

23 (D) Eliminating terrorist sanctuaries. 

24 (E) Increasing governmental capabilities. 
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1 (F) Improving essential infrastructure and 

2 public services. 

3 (G) Improving public health services. 

4 (H) Establishing a broad-based edu5 cational system. 

6 (I) Promoting democracy and the rule of 

7 law. 

8 (J) Building national police and military 

9 forces. 

10 (3) UPDATES.—Beginning not later than 1 year 

11 after the strategy is submitted to Congress under 

12 paragraph (1), the President shall submit to Con13 gress an annual report— 

14 (A) updating the progress made toward 

15 achieving the goals outlined in the strategy 

16 under this subsection; and 

17 (B) identifying shortfalls in meeting those 

18 goals and the resources needed to fully achieve 

19 them. 

20 SEC. 504. THE UNITED STATES-SAUDI ARABIA RELATION21 SHIP. 

22 (a) FINDINGS.—Consistent with the report of the Na23 tional Commission on Terrorist Attacks Upon the United 

24 States, Congress makes the following findings: 
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1 (1) Despite a long history of friendly relations 

2 with the United States, Saudi Arabia has been a 

3 problematic ally in combating Islamic extremism. 

4 (2) Cooperation between the Governments of 

5 the United States and Saudi Arabia has traditionally 

6 been carried out in private. 

7 (3) The Government of Saudi Arabia has not 

8 always responded promptly and fully to United 

9 States requests for assistance in the global war on 

10 Islamist terrorism. 

11 (4) Counterterrorism cooperation between the 

12 Governments of the United States and Saudi Arabia 

13 has improved significantly since the terrorist bomb14 ing attacks in Riyadh, Saudi Arabia, on May 12, 

15 2003. 

16 (5) The Government of Saudi Arabia is now ag17 gressively pursuing al Qaeda and appears to be act18 ing to build a domestic consensus for some internal 

19 reforms. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) the problems in the relationship between the 

23 United States and Saudi Arabia must be confronted 

24 openly, and the opportunities for cooperation be-
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1 tween the countries must be pursued openly by those 

2 governments; 

3 (2) both governments must build a relationship 

4 that they can publicly defend and that is based on 

5 other national interests in addition to their national 

6 interests in oil; 

7 (3) this relationship should include a shared 

8 commitment to political and economic reform in 

9 Saudi Arabia; and 

10 (4) this relationship should also include a 

11 shared interest in greater tolerance and respect for 

12 other cultures in Saudi Arabia and a commitment to 

13 fight the violent extremists who foment hatred in the 

14 Middle East. 

15 (c) REPORT.— 

16 (1) REPORT REQUIRED.—Not later than 180 

17 days after the date of the enactment of this Act, the 

18 President shall submit to Congress a strategy for ex19 panding collaboration with the Government of Saudi 

20 Arabia on subjects of mutual interest and of impor21 tance to the United States. 

22 (2) SCOPE.—As part of this strategy, the Presi23 dent shall consider the utility of undertaking a peri24 odic, formal, and visible high-level dialogue between 

25 senior United States Government officials of cabinet 
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1 level or higher rank and their counterparts in the 

2 Government of Saudi Arabia to address challenges 

3 in the relationship between the 2 governments and 

4 to identify areas and mechanisms for cooperation. 

5 (3) CONTENT.—The strategy under this sub6 section shall encompass— 

7 (A) intelligence and security cooperation in 

8 the fight against Islamist terrorism; 

9 (B) ways to advance the Middle East peace 

10 process; 

11 (C) political and economic reform in Saudi 

12 Arabia and throughout the Middle East; and 

13 (D) the promotion of greater tolerance and 

14 respect for cultural and religious diversity in 

15 Saudi Arabia and throughout the Middle East. 

16 SEC. 505. EFFORTS TO COMBAT ISLAMIC TERRORISM BY 

17 ENGAGING IN THE STRUGGLE OF IDEAS IN 

18 THE ISLAMIC WORLD. 

19 (a) FINDINGS.—Consistent with the report of the Na20 tional Commission on Terrorist Attacks Upon the United 

21 States, Congress makes the following findings: 

22 (1) While support for the United States has 

23 plummeted in the Islamic world, many negative 

24 views are uninformed, at best, and, at worst, are in25 formed by coarse stereotypes and caricatures. 
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1 (2) Local newspapers in Islamic countries and 

2 influential broadcasters who reach Islamic audiences 

3 through satellite television often reinforce the idea 

4 that the people and Government of the United 

5 States are anti-Muslim. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the Government of the United States should 

9 offer an example of moral leadership in the world 

10 that includes a commitment to treat all people hu11 manely, abide by the rule of law, and be generous 

12 and caring to the people and governments of other 

13 countries; 

14 (2) the United States should cooperate with 

15 governments of Islamic countries to foster agree16 ment on respect for human dignity and opportunity, 

17 and to offer a vision of a better future that includes 

18 stressing life over death, individual educational and 

19 economic opportunity, widespread political participa20 tion, contempt for indiscriminate violence, respect 

21 for the rule of law, openness in discussing dif22 ferences, and tolerance for opposing points of view; 

23 (3) the United States should encourage reform, 

24 freedom, democracy, and opportunity for Arabs and 
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1 Muslims and promote moderation in the Islamic 

2 world; and 

3 (4) the United States should work to defeat ex4 tremist ideology in the Islamic world by providing 

5 assistance to moderate Arabs and Muslims to com6 bat extremist ideas. 

7 (c) REPORT ON THE STRUGGLE OF IDEAS IN THE

8 ISLAMIC WORLD.— 

9 (1) REPORT REQUIRED.—Not later than 180 

10 days after the date of the enactment of this Act, the 

11 President shall submit to Congress a report that 

12 contains a cohesive long-term strategy for the 

13 United States Government to help win the struggle 

14 of ideas in the Islamic world. 

15 (2) CONTENT.—The report required under this 

16 section shall include the following: 

17 (A) A description of specific goals related 

18 to winning this struggle of ideas. 

19 (B) A description of the range of tools 

20 available to the United States Government to 

21 accomplish these goals and the manner in which 

22 such tools will be employed. 

23 (C) A list of benchmarks for measuring 

24 success and a plan for linking resources to the 

25 accomplishment of these goals. 
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1 (D) A description of any additional re2 sources that may be necessary to help win this 

3 struggle of ideas. 

4 (E) Any recommendations for the creation 

5 of, and United States participation in, inter6 national institutions for the promotion of de7 mocracy and economic diversification in the Is8 lamic world, and intra-regional trade in the 

9 Middle East. 

10 (F) An estimate of the level of United 

11 States financial assistance that would be suffi12 cient to convince United States allies and peo13 ple in the Islamic world that engaging in the 

14 struggle of ideas in the Islamic world is a top 

15 priority of the United States and that the 

16 United States intends to make a substantial 

17 and sustained commitment toward winning this 

18 struggle. 

19 SEC. 506. UNITED STATES POLICY TOWARD DICTATOR20 SHIPS. 

21 (a) FINDING.—Consistent with the report of the Na22 tional Commission on Terrorist Attacks Upon the United 

23 States, Congress finds that short-term gains enjoyed by 

24 the United States through cooperation with the world’s 

25 most repressive and brutal governments are too often out-
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1 weighed by long-term setbacks for the stature and inter2 ests of the United States. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) United States foreign policy should promote 

6 the value of life and the importance of individual 

7 educational and economic opportunity, encourage 

8 widespread political participation, condemn indis9 criminate violence, and promote respect for the rule 

10 of law, openness in discussing differences among 

11 people, and tolerance for opposing points of view; 

12 and 

13 (2) the United States Government must prevail 

14 upon the governments of all predominantly Muslim 

15 countries, including those that are friends and allies 

16 of the United States, to condemn indiscriminate vio17 lence, promote the value of life, respect and promote 

18 the principles of individual education and economic 

19 opportunity, encourage widespread political partici20 pation, and promote the rule of law, openness in dis21 cussing differences among people, and tolerance for 

22 opposing points of view. 
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1 SEC. 507. PROMOTION OF UNITED STATES VALUES 

2 THROUGH BROADCAST MEDIA. 

3 (a) FINDINGS.—Consistent with the report of the Na4 tional Commission on Terrorist Attacks Upon the United 

5 States, Congress makes the following findings: 

6 (1) Although the United States has dem7 onstrated and promoted its values in defending Mus8 lims against tyrants and criminals in Somalia, Bos9 nia, Kosovo, Afghanistan, and Iraq, this message is 

10 not always clearly presented in the Islamic world. 

11 (2) If the United States does not act to vigor12 ously define its message in the Islamic world, the 

13 image of the United States will be defined by Is14 lamic extremists who seek to demonize the United 

15 States. 

16 (3) Recognizing that many Arab and Muslim 

17 audiences rely on satellite television and radio, the 

18 United States Government has launched promising 

19 initiatives in television and radio broadcasting to the 

20 Arab world, Iran, and Afghanistan. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) the United States must do more to defend 

24 and promote its values and ideals to the broadest 

25 possible audience in the Islamic world; 
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1 (2) United States efforts to defend and promote 

2 these values and ideals are beginning to ensure that 

3 accurate expressions of these values reach large au4 diences in the Islamic world and should be robustly 

5 supported; 

6 (3) the United States Government could and 

7 should do more to engage the Muslim world in the 

8 struggle of ideas; and 

9 (4) the United States Government should more 

10 intensively employ existing broadcast media in the 

11 Islamic world as part of this engagement. 

12 (c) REPORT ON OUTREACH STRATEGY.— 

13 (1) REPORT REQUIRED.—Not later than 180 

14 days after the date of the enactment of this Act, the 

15 President shall submit to Congress a report on the 

16 strategy of the United States Government for ex17 panding its outreach to foreign Muslim audiences 

18 through broadcast media. 

19 (2) CONTENT.—The report shall include the 

20 following: 

21 (A) The initiatives of the Broadcasting 

22 Board of Governors and the public diplomacy 

23 activities of the Department of State with re24 spect to outreach to foreign Muslim audiences. 
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1 (B) An outline of recommended actions 

2 that the United States Government should take 

3 to more regularly and comprehensively present 

4 a United States point of view through indige5 nous broadcast media in countries with sizable 

6 Muslim populations, including increasing ap7 pearances by United States Government offi8 cials, experts, and citizens. 

9 (C) An assessment of potential incentives 

10 for, and costs associated with, encouraging 

11 United States broadcasters to dub or subtitle 

12 into Arabic and other relevant languages their 

13 news and public affairs programs broadcast in 

14 the Muslim world in order to present those pro15 grams to a much broader Muslim audience than 

16 is currently reached. 

17 (D) Any recommendations the President 

18 may have for additional funding and legislation 

19 necessary to achieve the objectives of the strat20 egy. 

21 (d) AUTHORIZATIONS OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the President to carry 

23 out United States Government broadcasting activities 

24 under the United States Information and Educational Ex25 change Act of 1948 (22 U.S.C. 1431 et seq.), the United 
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1 States International Broadcasting Act of 1994 (22 U.S.C. 

2 6201 et seq.), and the Foreign Affairs Reform and Re3 structuring Act of 1998 (22 U.S.C. 6501 et seq.), and to 

4 carry out other activities under this section consistent with 

5 the purposes of such Acts, the following amounts: 

6 (1) INTERNATIONAL BROADCASTING OPER7 ATIONS.—For International Broadcasting Oper8 ations— 

9 (A) $717,160,000 for fiscal year 2005; and 

10 (B) such sums as may be necessary for 

11 each of the fiscal years 2006 through 2009. 

12 (2) BROADCASTING CAPITAL IMPROVEMENTS.— 

13 For Broadcasting Capital Improvements— 

14 (A) $11,040,000 for fiscal year 2005; and 

15 (B) such sums as may be necessary for 

16 each of the fiscal years 2006 through 2009. 

17 SEC. 508. USE OF UNITED STATES SCHOLARSHIP AND EX18 CHANGE PROGRAMS IN THE ISLAMIC WORLD. 

19 (a) FINDINGS.—Consistent with the report of the Na20 tional Commission on Terrorist Attacks Upon the United 

21 States, Congress makes the following findings: 

22 (1) Exchange, scholarship, and library pro23 grams are effective ways for the United States Gov24 ernment to promote internationally the values and 

25 ideals of the United States. 
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1 (2) Exchange, scholarship, and library pro2 grams can expose young people from other countries 

3 to United States values and offer them knowledge 

4 and hope. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that the United States should expand its exchange, 

7 scholarship, and library programs, especially those that 

8 benefit people in the Arab and Muslim worlds. 

9 (c) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE COUNTRY.—The term ‘‘eligible 

11 country’’ means a country or entity in Africa, the 

12 Middle East, Central Asia, South Asia, or Southeast 

13 Asia that— 

14 (A) has a sizable Muslim population; and 

15 (B) is designated by the Secretary of State 

16 as eligible to participate in programs under this 

17 section. 

18 (2) SECRETARY.—Except as otherwise specifi19 cally provided, the term ‘‘Secretary’’ means the Sec20 retary of State. 

21 (3) UNITED STATES ENTITY.—The term 

22 ‘‘United States entity’’ means an entity that is orga23 nized under the laws of the United States, any 

24 State, the District of Columbia, the Commonwealth 

25 of Puerto Rico, Guam, the United States Virgin Is-
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1 lands, the Commonwealth of the Northern Mariana 

2 Islands, American Samoa, or any other territory or 

3 possession of the United States. 

4 (4) UNITED STATES SPONSORING ORGANIZA5 TION.—The term ‘‘United States sponsoring organi6 zation’’ means a nongovernmental organization that 

7 is— 

8 (A) based in the United States; and 

9 (B) controlled by a citizen of the United 

10 States or a United States entity that is des11 ignated by the Secretary, pursuant to regula12 tions, to carry out a program authorized by 

13 subsection (e). 

14 (d) EXPANSION OF EDUCATIONAL AND CULTURAL

15 EXCHANGES.— 

16 (1) PURPOSE.—The purpose of this subsection 

17 is to provide for the expansion of international edu18 cational and cultural exchange programs between 

19 the United States and eligible countries. 

20 (2) SPECIFIC PROGRAMS.—In carrying out this 

21 subsection, the Secretary is authorized to conduct or 

22 initiate programs in eligible countries as follows: 

23 (A) FULBRIGHT EXCHANGE PROGRAM.— 

24 (i) INCREASED NUMBER OF

25 AWARDS.—The Secretary is authorized to 
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1 substantially increase the number of 

2 awards under the J. William Fulbright 

3 Educational Exchange Program. 

4 (ii) INTERNATIONAL SUPPORT FOR

5 FULBRIGHT PROGRAM.—The Secretary 

6 shall work to increase support for the J. 

7 William Fulbright Educational Exchange 

8 Program in eligible countries in order to 

9 enhance academic and scholarly exchanges 

10 with those countries. 

11 (B) HUBERT H. HUMPHREY FELLOW12 SHIPS.—The Secretary is authorized to sub13 stantially increase the number of Hubert H. 

14 Humphrey Fellowships awarded to candidates 

15 from eligible countries. 

16 (C) SISTER INSTITUTIONS PROGRAMS.— 

17 The Secretary is authorized to facilitate the es18 tablishment of sister institution programs be19 tween cities and municipalities and other insti20 tutions in the United States and in eligible 

21 countries in order to enhance mutual under22 standing at the community level. 

23 (D) LIBRARY TRAINING EXCHANGES.—The 

24 Secretary is authorized to develop a demonstra25 tion program, including training in the library 
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1 sciences, to assist governments in eligible coun2 tries to establish or upgrade the public library 

3 systems of such countries for the purpose of im4 proving literacy. 

5 (E) INTERNATIONAL VISITORS PRO6 GRAM.—The Secretary is authorized to expand 

7 the number of participants from eligible coun8 tries in the International Visitors Program. 

9 (F) YOUTH AMBASSADORS.— 

10 (i) IN GENERAL.—The Secretary is 

11 authorized to establish a youth ambas12 sadors program for visits by middle and 

13 secondary school students from eligible 

14 countries to the United States to partici15 pate in activities, including cultural and 

16 educational activities, that are designed to 

17 familiarize participating students with 

18 United States society and values. 

19 (ii) VISITS.—The visits of students 

20 who are participating in the youth ambas21 sador program under clause (i) shall be 

22 scheduled during the school holidays in the 

23 home countries of the students and may 

24 not exceed 4 weeks. 
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1 (iii) CRITERIA.—Students selected to 

2 participate in the youth ambassador pro3 gram shall reflect the economic and geo4 graphic diversity of eligible countries. 

5 (G) EDUCATION REFORM.—The Secretary 

6 is authorized— 

7 (i) to expand programs that seek to 

8 improve the quality of primary and sec9 ondary school systems in eligible countries; 

10 and 

11 (ii) in order to foster understanding of 

12 the United States, to promote civic edu13 cation through teacher exchanges, teacher 

14 training, textbook modernization, and 

15 other efforts. 

16 (H) PROMOTION OF RELIGIOUS FREE17 DOM.—The Secretary is authorized to establish 

18 a program to promote dialogue and exchange 

19 among leaders and scholars of all faiths from 

20 the United States and eligible countries. 

21 (I) BRIDGING THE DIGITAL DIVIDE.—The 

22 Secretary is authorized to establish a program 

23 to help foster access to information technology 

24 among underserved populations and by civil so25 ciety groups in eligible countries. 
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1 (J) PEOPLE-TO-PEOPLE DIPLOMACY.—The 

2 Secretary is authorized to expand efforts to 

3 promote United States public diplomacy inter4 ests in eligible countries through cultural, arts, 

5 entertainment, sports and other exchanges. 

6 (K) COLLEGE SCHOLARSHIPS.— 

7 (i) IN GENERAL.—The Secretary is 

8 authorized to establish a program to offer 

9 scholarships to permit individuals to attend 

10 eligible colleges and universities. 

11 (ii) ELIGIBILITY FOR PROGRAM.—To 

12 be eligible for the scholarship program, an 

13 individual shall be a citizen or resident of 

14 an eligible country who has graduated 

15 from a secondary school in an eligible 

16 country. 

17 (iii) ELIGIBLE COLLEGE OR UNIVER18 SITY DEFINED.—In this subparagraph, the 

19 term ‘‘eligible college or university’’ means 

20 a college or university that is organized 

21 under the laws of the United States, a 

22 State, or the District of Columbia, accred23 ited by an accrediting agency recognized by 

24 the Secretary of Education, and primarily 
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1 located in, but not controlled by, an eligible 

2 country. 

3 (L) LANGUAGE TRAINING PROGRAM.—The 

4 Secretary is authorized to provide travel and 

5 subsistence funding for students who are 

6 United States citizens to travel to eligible coun7 tries to participate in immersion training pro8 grams in languages used in such countries and 

9 to develop regulations governing the provision 

10 of such funding. 

11 (e) SECONDARY SCHOOL EXCHANGE PROGRAM.— 

12 (1) IN GENERAL.—The Secretary is authorized 

13 to establish an international exchange visitor pro14 gram, modeled on the Future Leaders Exchange 

15 Program established under the FREEDOM Support 

16 Act (22 U.S.C. 5801 et seq.), for eligible students 

17 to— 

18 (A) attend public secondary school in the 

19 United States; 

20 (B) live with a host family in the United 

21 States; and 

22 (C) participate in activities designed to 

23 promote a greater understanding of United 

24 States and Islamic values and culture. 
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1 (2) ELIGIBLE STUDENT DEFINED.—In this sub2 section, the term ‘‘eligible student’’ means an indi3 vidual who— 

4 (A) is a national of an eligible country; 

5 (B) is at least 15 years of age but not 

6 more than 18 years and 6 months of age at the 

7 time of enrollment in the program; 

8 (C) is enrolled in a secondary school in an 

9 eligible country; 

10 (D) has completed not more than 11 years 

11 of primary and secondary education, exclusive 

12 of kindergarten; 

13 (E) demonstrates maturity, good char14 acter, and scholastic aptitude, and has the pro15 ficiency in the English language necessary to 

16 participate in the program; 

17 (F) has not previously participated in an 

18 exchange program in the United States spon19 sored by the Government of the United States; 

20 and 

21 (G) is not prohibited from entering the 

22 United States under any provision of the Immi23 gration and Nationality Act (8 U.S.C. 1101 et 

24 seq.) or any other provision of law related to 

25 immigration and nationality. 
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1 (3) COMPLIANCE WITH VISA REQUIREMENTS.— 

2 An eligible student may not participate in the ex3 change visitor program authorized by paragraph (1) 

4 unless the eligible student has the status of non5 immigrant under section 101(a)(15)(J) of the Immi6 gration and Nationality Act (8 U.S.C. 

7 1101(a)(15)(J)). 

8 (4) BROAD PARTICIPATION.—Whenever appro9 priate, the Secretary shall make special provisions to 

10 ensure the broadest possible participation in the ex11 change visitor program authorized by paragraph (1), 

12 particularly among females and less advantaged citi13 zens of eligible countries. 

14 (5) DESIGNATED EXCHANGE VISITOR PRO15 GRAM.—The exchange visitor program authorized by 

16 paragraph (1) shall be a designated exchange visitor 

17 program for the purposes of section 641 of the Ille18 gal Immigration Reform and Immigrant Responsi19 bility Act of 1996 (8 U.S.C. 1372). 

20 (6) REGULAR REPORTING TO THE SEC21 RETARY.—If the Secretary utilizes a United States 

22 sponsoring organization to carry out the exchange 

23 visitor program authorized by paragraph (1), such 

24 United States sponsoring organization shall report 
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1 regularly to the Secretary on the progress it has 

2 made to implement such program. 

3 (f) REPORT ON EXPEDITING VISAS FOR PARTICI4 PANTS IN EXCHANGE, SCHOLARSHIP, AND VISITORS PRO5 GRAMS.— 

6 (1) REQUIREMENT.—Not later than 180 days 

7 after the date of the enactment of this Act, the Sec8 retary and the Secretary of Homeland Security shall 

9 submit to Congress a report on expediting the 

10 issuance of visas to individuals who are entering the 

11 United States for the purpose of participating in a 

12 scholarship, exchange, or visitor program authorized 

13 in subsection (d) or (e) without compromising the 

14 security of the United States. 

15 (2) RECOMMENDATIONS.—The report required 

16 by paragraph (1) shall include— 

17 (A) the recommendations of the Secretary 

18 and the Secretary of Homeland Security, if any, 

19 for methods to expedite the processing of re20 quests for such visas; and 

21 (B) a proposed schedule for implementing 

22 any recommendations described in subpara23 graph (A). 

24 (g) AUTHORIZATION OF APPROPRIATIONS.—Of the 

25 amounts authorized to be appropriated for educational 
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1 and cultural exchange programs for fiscal year 2005, there 

2 is authorized to be appropriated to the Department of 

3 State $60,000,000 to carry out programs under this sec4 tion. 

5 SEC. 509. INTERNATIONAL YOUTH OPPORTUNITY FUND. 

6 (a) FINDINGS.—Consistent with the report of the Na7 tional Commission on Terrorist Attacks Upon the United 

8 States, Congress makes the following findings: 

9 (1) Education that teaches tolerance, the dig10 nity and value of each individual, and respect for 

11 different beliefs is a key element in any global strat12 egy to eliminate Islamist terrorism. 

13 (2) Education in the Middle East about the 

14 world outside that region is weak. 

15 (3) The United Nations has rightly equated lit16 eracy with freedom. 

17 (4) The international community is moving to18 ward setting a concrete goal of reducing by half the 

19 illiteracy rate in the Middle East by 2010, through 

20 the implementation of education programs targeting 

21 women and girls and programs for adult literacy, 

22 and by other means. 

23 (5) To be effective, the effort to improve edu24 cation in the Middle East must also include— 
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1 (A) support for the provision of basic edu2 cation tools, such as textbooks that translate 

3 more of the world’s knowledge into local lan4 guages and local libraries to house such mate5 rials; and 

6 (B) more vocational education in trades 

7 and business skills. 

8 (6) The Middle East can benefit from some of 

9 the same programs to bridge the digital divide that 

10 already have been developed for other regions of the 

11 world. 

12 (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.— 

13 (1) ESTABLISHMENT.— 

14 (A) IN GENERAL.—The President shall es15 tablish an International Youth Opportunity 

16 Fund (hereafter in this section referred to as 

17 the ‘‘Fund’’). 

18 (B) INTERNATIONAL PARTICIPATION.— 

19 The President shall seek the cooperation of the 

20 international community in establishing and 

21 generously supporting the Fund. 

22 (2) PURPOSE.—The purpose of the Fund shall 

23 be to provide financial assistance for the improve24 ment of public education in the Middle East, includ25 ing assistance for the construction and operation of 
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1 primary and secondary schools in countries that 

2 have a sizable Muslim population and that commit 

3 to sensibly investing their own financial resources in 

4 public education. 

5 (3) ELIGIBILITY FOR ASSISTANCE.— 

6 (A) DETERMINATION.—The Secretary of 

7 State, in coordination with the Administrator of 

8 the United States Agency for International De9 velopment, shall determine which countries are 

10 eligible for assistance through the Fund. 

11 (B) CRITERIA.—In determining whether a 

12 country is eligible for assistance, the Secretary 

13 shall consider whether the government of that 

14 country is sensibly investing financial resources 

15 in public education and is committed to pro16 moting a system of education that teaches toler17 ance, the dignity and value of each individual, 

18 and respect for different beliefs. 

19 (4) USE OF FUNDS.—Financial assistance pro20 vided through the Fund shall be used for expanding 

21 literacy programs, providing textbooks, reducing the 

22 digital divide, expanding vocational and business 

23 education, constructing and operating public schools, 

24 establishing local libraries, training teachers in mod25 ern education techniques, and promoting public edu-
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1 cation that teaches tolerance, the dignity and value 

2 of each individual, and respect for different beliefs. 

3 (c) REPORT.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, and an6 nually thereafter, the Secretary of State and the Ad7 ministrator of the United States Agency for Inter8 national Development shall jointly prepare and sub9 mit to Congress a report on the improvement of edu10 cation in the Middle East. 

11 (2) CONTENT.—Reports submitted under this 

12 subsection shall include the following: 

13 (A) A general strategy for working with el14 igible host governments in the Middle East to15 ward establishing the International Youth Op16 portunity Fund and related programs. 

17 (B) A listing of countries that are eligible 

18 for assistance under such programs. 

19 (C) A description of the specific programs 

20 initiated in each eligible country and the 

21 amount expended in support of such programs. 

22 (D) A description of activities undertaken 

23 to close the digital divide and expand vocational 

24 and business skills in eligible countries. 
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1 (E) A listing of activities that could be un2 dertaken if additional funding were provided 

3 and the amount of funding that would be nec4 essary to carry out such activities. 

5 (F) A strategy for garnering programmatic 

6 and financial support from international organi7 zations and other countries in support of the 

8 Fund and activities related to the improvement 

9 of public education in eligible countries. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the President for the 

12 establishment of the International Youth Opportunity 

13 Fund, in addition to any amounts otherwise available for 

14 such purpose, $40,000,000 for fiscal year 2005 and such 

15 sums as may be necessary for fiscal years 2006 through 

16 2009. 

17 SEC. 510. REPORT ON THE USE OF ECONOMIC POLICIES TO 

18 COMBAT TERRORISM. 

19 (a) FINDINGS.—Consistent with the report of the Na20 tional Commission on Terrorist Attacks Upon the United 

21 States, Congress makes the following findings: 

22 (1) While terrorism is not caused by poverty, 

23 breeding grounds for terrorism are created by back24 ward economic policies and repressive political re25 gimes. 
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1 (2) Policies that support economic development 

2 and reform also have political implications, as eco3 nomic and political liberties are often linked. 

4 (3) The United States is working toward cre5 ating a Middle East Free Trade Area by 2013 and 

6 implementing a free trade agreement with Bahrain, 

7 and free trade agreements exist between the United 

8 States and Israel and the United States and Jordan. 

9 (4) Existing and proposed free trade agree10 ments between the United States and Islamic coun11 tries are drawing interest from other countries in 

12 the Middle East region, and Islamic countries can 

13 become full participants in the rules-based global 

14 trading system, as the United States considers low15 ering its barriers to trade with the poorest Arab 

16 countries. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) a comprehensive United States strategy to 

20 counter terrorism should include economic policies 

21 that encourage development, open societies, and op22 portunities for people to improve the lives of their 

23 families and to enhance prospects for their children’s 

24 future; 
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1 (2) 1 element of such a strategy should encom2 pass the lowering of trade barriers with the poorest 

3 countries that have a significant population of Arab 

4 or Muslim individuals; 

5 (3) another element of such a strategy should 

6 encompass United States efforts to promote eco7 nomic reform in countries that have a significant 

8 population of Arab or Muslim individuals, including 

9 efforts to integrate such countries into the global 

10 trading system; and 

11 (4) given the importance of the rule of law in 

12 promoting economic development and attracting in13 vestment, the United States should devote an in14 creased proportion of its assistance to countries in 

15 the Middle East to the promotion of the rule of law. 

16 (c) REPORT.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, the 

19 President shall submit to Congress a report on the 

20 efforts of the United States Government to encour21 age development and promote economic reform in 

22 countries that have a significant population of Arab 

23 or Muslim individuals. 

24 (2) CONTENT.—The report required under this 

25 subsection shall describe— 
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1 (A) efforts to integrate countries with sig2 nificant populations of Arab or Muslim individ3 uals into the global trading system; and 

4 (B) actions that the United States Govern5 ment, acting alone and in partnership with 

6 other governments in the Middle East, can take 

7 to promote intra-regional trade and the rule of 

8 law in the region. 

9 SEC. 511. MIDDLE EAST PARTNERSHIP INITIATIVE. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated for fiscal year 2005 

12 $200,000,000 for the Middle East Partnership Initiative. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that, given the importance of the rule of law and 

15 economic reform to development in the Middle East, a sig16 nificant portion of the funds authorized to be appropriated 

17 under subsection (a) should be made available to promote 

18 the rule of law in the Middle East. 

19 SEC. 512. COMPREHENSIVE COALITION STRATEGY FOR 

20 FIGHTING TERRORISM. 

21 (a) FINDINGS.—Consistent with the report of the Na22 tional Commission on Terrorist Attacks Upon the United 

23 States, Congress makes the following findings: 
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1 (1) Almost every aspect of the counterterrorism 

2 strategy of the United States relies on international 

3 cooperation. 

4 (2) Since September 11, 2001, the number and 

5 scope of United States Government contacts with 

6 foreign governments concerning counterterrorism 

7 have expanded significantly, but such contacts have 

8 often been ad hoc and not integrated as a com9 prehensive and unified approach. 

10 (b) INTERNATIONAL CONTACT GROUP ON

11 COUNTERTERRORISM.— 

12 (1) SENSE OF CONGRESS.—It is the sense of 

13 Congress that the President— 

14 (A) should seek to engage the leaders of 

15 the governments of other countries in a process 

16 of advancing beyond separate and uncoordi17 nated national counterterrorism strategies to 

18 develop with those other governments a com19 prehensive coalition strategy to fight Islamist 

20 terrorism; and 

21 (B) to that end, should seek to establish 

22 an international counterterrorism policy contact 

23 group with the leaders of governments pro24 viding leadership in global counterterrorism ef25 forts and governments of countries with sizable 
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1 Muslim populations, to be used as a ready and 

2 flexible international means for discussing and 

3 coordinating the development of important 

4 counterterrorism policies by the participating 

5 governments. 

6 (2) AUTHORITY.—The President is authorized 

7 to establish an international counterterrorism policy 

8 contact group with the leaders of governments re9 ferred to in paragraph (1) for purposes as follows: 

10 (A) To develop in common with such other 

11 countries important policies and a strategy that 

12 address the various components of international 

13 prosecution of the war on terrorism, including 

14 policies and a strategy that address military 

15 issues, law enforcement, the collection, analysis, 

16 and dissemination of intelligence, issues relating 

17 to interdiction of travel by terrorists, 

18 counterterrorism-related customs issues, finan19 cial issues, and issues relating to terrorist sanc20 tuaries. 

21 (B) To address, to the extent (if any) that 

22 the President and leaders of other participating 

23 governments determine appropriate, such long24 term issues as economic and political reforms 
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1 that can contribute to strengthening stability 

2 and security in the Middle East. 

3 SEC. 513. DETENTION AND HUMANE TREATMENT OF CAP4 TURED TERRORISTS. 

5 (a) FINDINGS.—Consistent with the report of the Na6 tional Commission on Terrorist Attacks Upon the United 

7 States, Congress makes the following findings: 

8 (1) Carrying out the global war on terrorism re9 quires the development of policies with respect to the 

10 detention and treatment of captured international 

11 terrorists that is adhered to by all coalition forces. 

12 (2) Article 3 of the Convention Relative to the 

13 Treatment of Prisoners of War, done at Geneva Au14 gust 12, 1949 (6 UST 3316) was specifically de15 signed for cases in which the usual rules of war do 

16 not apply, and the minimum standards of treatment 

17 pursuant to such Article are generally accepted 

18 throughout the world as customary international 

19 law. 

20 (b) DEFINITIONS.—In this section: 

21 (1) CRUEL, INHUMAN, OR DEGRADING TREAT22 MENT OR PUNISHMENT.—The term ‘‘cruel, inhuman, 

23 or degrading treatment or punishment’’ means the 

24 cruel, unusual, and inhumane treatment or punish-
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1 ment prohibited by the 5th amendment, 8th amend2 ment, or 14th amendment to the Constitution. 

3 (2) GENEVA CONVENTIONS.—The term ‘‘Gene4 va Conventions’’ means— 

5 (A) the Convention for the Amelioration of 

6 the Condition of the Wounded and Sick in 

7 Armed Forces in the Field, done at Geneva Au8 gust 12, 1949 (6 UST 3114); 

9 (B) the Convention for the Amelioration of 

10 the Condition of the Wounded, Sick, and Ship11 wrecked Members of Armed Forces at Sea, 

12 done at Geneva August 12, 1949 (6 UST 

13 3217); 

14 (C) the Convention Relative to the Treat15 ment of Prisoners of War, done at Geneva Au16 gust 12, 1949 (6 UST 3316); and 

17 (D) the Convention Relative to the Protec18 tion of Civilian Persons in Time of War, done 

19 at Geneva August 12, 1949 (6 UST 3516). 

20 (3) PRISONER.—The term ‘‘prisoner’’ means a 

21 foreign individual captured, detained, interned, or 

22 otherwise held in the custody of the United States. 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Defense. 
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1 (5) TORTURE.—The term ‘‘torture’’ has the 

2 meaning given that term in section 2340 of title 18, 

3 United States Code. 

4 (c) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the United States should engage countries 

7 that are participating in the coalition to fight ter8 rorism to develop a common approach toward the 

9 detention and humane treatment of captured inter10 national terrorists; and 

11 (2) an approach toward the detention and hu12 mane treatment of captured international terrorists 

13 developed by the countries participating in the coali14 tion to fight terrorism could draw upon Article 3 of 

15 the Convention Relative to the Treatment of Pris16 oners of War, the principles of which are commonly 

17 accepted as minimum basic standards for humane 

18 treatment of captured individuals. 

19 (d) POLICY.—It is the policy of the United States— 

20 (1) to treat any prisoner humanely and in ac21 cordance with standards that the Government of the 

22 United States would determine to be consistent with 

23 international law if such standards were applied to 

24 personnel of the United States captured by an 

25 enemy in the war on terrorism; 
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1 (2) if there is any doubt as to whether a pris2 oner is entitled to the protections afforded by the 

3 Geneva Conventions, to provide the prisoner such 

4 protections until the status of the prisoner is deter5 mined under the procedures authorized by para6 graph 1–6 of Army Regulation 190–8 (1997); and 

7 (3) to expeditiously prosecute cases of terrorism 

8 or other criminal acts alleged to have been com9 mitted by prisoners in the custody of the United 

10 States Armed Forces at Guantanamo Bay, Cuba, in 

11 order to avoid the indefinite detention of such pris12 oners. 

13 (e) PROHIBITION ON TORTURE OR CRUEL, INHUMAN, 

14 OR DEGRADING TREATMENT OR PUNISHMENT.— 

15 (1) IN GENERAL.—No prisoner shall be subject 

16 to torture or cruel, inhuman, or degrading treatment 

17 or punishment that is prohibited by the Constitu18 tion, laws, or treaties of the United States. 

19 (2) RELATIONSHIP TO GENEVA CONVEN20 TIONS.—Nothing in this section shall affect the sta21 tus of any person under the Geneva Conventions or 

22 whether any person is entitled to the protections of 

23 the Geneva Conventions. 

24 (f) RULES, REGULATIONS, AND GUIDELINES.— 
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1 (1) REQUIREMENT.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary shall prescribe the rules, regulations, or 

4 guidelines necessary to ensure compliance with the 

5 prohibition in subsection (e)(1) by the members of 

6 the Armed Forces of the United States and by any 

7 person providing services to the Department of De8 fense on a contract basis. 

9 (2) REPORT TO CONGRESS.—The Secretary 

10 shall submit to Congress the rules, regulations, or 

11 guidelines prescribed under paragraph (1), and any 

12 modifications to such rules, regulations, or guide13 lines— 

14 (A) not later than 30 days after the effec15 tive date of such rules, regulations, guidelines, 

16 or modifications; and 

17 (B) in a manner and form that will protect 

18 the national security interests of the United 

19 States. 

20 (g) REPORT ON POSSIBLE VIOLATIONS.— 

21 (1) REQUIREMENT.—The Secretary shall sub22 mit, on a timely basis and not less than twice each 

23 year, a report to Congress on the circumstances sur24 rounding any investigation of a possible violation of 

25 the prohibition in subsection (e)(1) by a member of 
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1 the Armed Forces of the United States or by a per2 son providing services to the Department of Defense 

3 on a contract basis. 

4 (2) FORM OF REPORT.—A report required 

5 under paragraph (1) shall be submitted in a manner 

6 and form that— 

7 (A) will protect the national security inter8 ests of the United States; and 

9 (B) will not prejudice any prosecution of 

10 an individual involved in, or responsible for, a 

11 violation of the prohibition in subsection (e)(1). 

12 (h) REPORT ON A COALITION APPROACH TOWARD

13 THE DETENTION AND HUMANE TREATMENT OF CAP14 TURED TERRORISTS.—Not later than 180 days after the 

15 date of the enactment of this Act, the President shall sub16 mit to Congress a report describing the efforts of the 

17 United States Government to develop an approach toward 

18 the detention and humane treatment of captured inter19 national terrorists that will be adhered to by all countries 

20 that are members of the coalition against terrorism. 

21 SEC. 514. PROLIFERATION OF WEAPONS OF MASS DE22 STRUCTION. 

23 (a) FINDINGS.—Consistent with the report of the Na24 tional Commission on Terrorist Attacks Upon the United 

25 States, Congress makes the following findings: 
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1 (1) Al Qaeda has tried to acquire or make 

2 weapons of mass destruction since 1994 or earlier. 

3 (2) The United States doubtless would be a 

4 prime target for use of any such weapon by al 

5 Qaeda. 

6 (3) Although the United States Government has 

7 redoubled its international commitments to sup8 porting the programs for Cooperative Threat Reduc9 tion and other nonproliferation assistance programs, 

10 nonproliferation experts continue to express deep 

11 concern about the United States Government’s com12 mitment and approach to securing the weapons of 

13 mass destruction and related highly dangerous mate14 rials that are still scattered among Russia and other 

15 countries of the former Soviet Union. 

16 (4) The cost of increased investment in the pre17 vention of proliferation of weapons of mass destruc18 tion and related dangerous materials is greatly out19 weighed by the potentially catastrophic cost to the 

20 United States of use of weapons of mass destruction 

21 or related dangerous materials by the terrorists who 

22 are so eager to acquire them. 

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 
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1 (1) maximum effort to prevent the proliferation 

2 of weapons of mass destruction, wherever such pro3 liferation may occur, is warranted; and 

4 (2) the programs of the United States Govern5 ment to prevent or counter the proliferation of weap6 ons of mass destruction, including the Proliferation 

7 Security Initiative, the programs for Cooperative 

8 Threat Reduction, and other nonproliferation assist9 ance programs, should be expanded, improved, and 

10 better funded to address the global dimensions of 

11 the proliferation threat. 

12 (c) REQUIREMENT FOR STRATEGY.—Not later than 

13 180 days after the date of the enactment of this Act, the 

14 President shall submit to Congress— 

15 (1) a strategy for expanding and strengthening 

16 the Proliferation Security Initiative, the programs 

17 for Cooperative Threat Reduction, and other non18 proliferation assistance programs; and 

19 (2) an estimate of the funding necessary to exe20 cute that strategy. 

21 (d) REPORT ON REFORMING THE COOPERATIVE

22 THREAT REDUCTION PROGRAM AND OTHER NON-PRO23 LIFERATION ASSISTANCE PROGRAMS.—Not later than 

24 180 days after the date of the enactment of this Act, the 

25 President shall submit to Congress a report evaluating 
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1 whether the United States could more effectively address 

2 the global threat of nuclear proliferation by— 

3 (1) establishing a central coordinator for the 

4 programs for Cooperative Threat Reduction; 

5 (2) eliminating the requirement that the Presi6 dent spend no more than $50,000,000 annually on 

7 programs for Cooperative Threat Reduction and 

8 other non-proliferation assistance programs carried 

9 out outside the former Soviet Union; or 

10 (3) repealing the provisions of the Soviet Nu11 clear Threat Reduction Act of 1991 (22 U.S.C. 

12 2551 note) that place conditions on assistance to the 

13 former Soviet Union unrelated to bilateral coopera14 tion on weapons dismantlement. 

15 SEC. 515. FINANCING OF TERRORISM. 

16 (a) FINDINGS.—Consistent with the report of the Na17 tional Commission on Terrorist Attacks Upon the United 

18 States, Congress makes the following findings: 

19 (1) While efforts to designate and freeze the as20 sets of terrorist financiers have been relatively un21 successful, efforts to target the relatively small num22 ber of al Qaeda financial facilitators have been valu23 able and successful. 

24 (2) The death or capture of several important 

25 financial facilitators has decreased the amount of 
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1 money available to al Qaeda, and has made it more 

2 difficult for al Qaeda to raise and move money. 

3 (3) The capture of al Qaeda financial 

4 facilitators has provided a windfall of intelligence 

5 that can be used to continue the cycle of disruption. 

6 (4) The United States Government has rightly 

7 recognized that information about terrorist money 

8 helps in understanding terror networks, searching 

9 them out, and disrupting their operations. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) the primary weapon in the effort to stop 

13 terrorist financing should be the targeting of ter14 rorist financial facilitators by intelligence and law 

15 enforcement agencies; and 

16 (2) efforts to track terrorist financing must be 

17 paramount in United States counter-terrorism ef18 forts. 

19 (c) REPORT ON TERRORIST FINANCING.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the 

22 President shall submit to Congress a report evalu23 ating the effectiveness of United States efforts to 

24 curtail the international financing of terrorism. 
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1 (2) CONTENTS.—The report required by para2 graph (1) shall evaluate and make recommendations 

3 on— 

4 (A) the effectiveness of efforts and meth5 ods to track terrorist financing; 

6 (B) ways to improve international govern7 mental cooperation in this effort; 

8 (C) ways to improve performance of finan9 cial institutions in this effort; 

10 (D) the adequacy of agency coordination in 

11 this effort and ways to improve that coordina12 tion; and 

13 (E) recommendations for changes in law 

14 and additional resources required to improve 

15 this effort. 

16 TITLE VI—TERRORIST TRAVEL 

17 AND EFFECTIVE SCREENING 

18 SEC. 601. COUNTERTERRORIST TRAVEL INTELLIGENCE. 

19 (a) FINDINGS.—Consistent with the report of the Na20 tional Commission on Terrorist Attacks Upon the United 

21 States, Congress makes the following findings: 

22 (1) Travel documents are as important to ter23 rorists as weapons since terrorists must travel clan24 destinely to meet, train, plan, case targets, and gain 

25 access to attack sites. 
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1 (2) International travel is dangerous for terror2 ists because they must surface to pass through regu3 lated channels, present themselves to border security 

4 officials, or attempt to circumvent inspection points. 

5 (3) Terrorists use evasive, but detectable, meth6 ods to travel, such as altered and counterfeit pass7 ports and visas, specific travel methods and routes, 

8 liaisons with corrupt government officials, human 

9 smuggling networks, supportive travel agencies, and 

10 immigration and identity fraud. 

11 (4) Before September 11, 2001, no Federal 

12 agency systematically analyzed terrorist travel strat13 egies. If an agency had done so, the agency could 

14 have discovered the ways in which the terrorist pred15 ecessors to al Qaeda had been systematically, but 

16 detectably, exploiting weaknesses in our border secu17 rity since the early 1990s. 

18 (5) Many of the hijackers were potentially vul19 nerable to interception by border authorities. Ana20 lyzing their characteristic travel documents and trav21 el patterns could have allowed authorities to inter22 cept some of the hijackers and a more effective use 

23 of information available in Government databases 

24 could have identified some of the hijackers. 
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1 (6) The routine operations of our immigration 

2 laws and the aspects of those laws not specifically 

3 aimed at protecting against terrorism inevitably 

4 shaped al Qaeda’s planning and opportunities. 

5 (7) New insights into terrorist travel gained 

6 since September 11, 2001, have not been adequately 

7 integrated into the front lines of border security. 

8 (8) The small classified terrorist travel intel9 ligence collection and analysis program currently in 

10 place has produced useful results and should be ex11 panded. 

12 (b) STRATEGY.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary of 

15 Homeland Security shall submit to Congress unclas16 sified and classified versions of a strategy for com17 bining terrorist travel intelligence, operations, and 

18 law enforcement into a cohesive effort to intercept 

19 terrorists, find terrorist travel facilitators, and con20 strain terrorist mobility domestically and inter21 nationally. The report to Congress should include a 

22 description of the actions taken to implement the 

23 strategy. 

24 (2) ACCOUNTABILITY.—The strategy submitted 

25 under paragraph (1) shall— 
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1 (A) describe a program for collecting, ana2 lyzing, disseminating, and utilizing information 

3 and intelligence regarding terrorist travel tac4 tics and methods; and 

5 (B) outline which Federal intelligence, dip6 lomatic, and law enforcement agencies will be 

7 held accountable for implementing each element 

8 of the strategy. 

9 (3) COORDINATION.—The strategy shall be de10 veloped in coordination with all relevant Federal 

11 agencies, including— 

12 (A) the National Counterterrorism Center; 

13 (B) the Department of Transportation; 

14 (C) the Department of State; 

15 (D) the Department of the Treasury; 

16 (E) the Department of Justice; 

17 (F) the Department of Defense; 

18 (G) the Federal Bureau of Investigation; 

19 (H) the Drug Enforcement Agency; and 

20 (I) the agencies that comprise the intel21 ligence community. 

22 (4) CONTENTS.—The strategy shall address— 

23 (A) the intelligence and law enforcement 

24 collection, analysis, operations, and reporting 

25 required to identify and disrupt terrorist travel 
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1 practices and trends, and the terrorist travel 

2 facilitators, document forgers, human smug3 glers, travel agencies, and corrupt border and 

4 transportation officials who assist terrorists; 

5 (B) the initial and ongoing training and 

6 training materials required by consular, border, 

7 and immigration officials to effectively detect 

8 and disrupt terrorist travel described under 

9 subsection (c)(3); 

10 (C) the new procedures required and ac11 tions to be taken to integrate existing 

12 counterterrorist travel and mobility intelligence 

13 into border security processes, including con14 sular, port of entry, border patrol, maritime, 

15 immigration benefits, and related law enforce16 ment activities; 

17 (D) the actions required to integrate cur18 rent terrorist mobility intelligence into military 

19 force protection measures; 

20 (E) the additional assistance to be given to 

21 the interagency Human Smuggling and Traf22 ficking Center for purposes of combatting ter23 rorist travel, including further developing and 

24 expanding enforcement and operational capa25 bilities that address terrorist travel; 
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1 (F) the additional resources to be given to 

2 the Directorate of Information and Analysis 

3 and Infrastructure Protection to aid in the 

4 sharing of information between the frontline 

5 border agencies of the Department of Home6 land Security and classified and unclassified 

7 sources of counterterrorist travel intelligence 

8 and information elsewhere in the Federal Gov9 ernment, including the Human Smuggling and 

10 Trafficking Center; 

11 (G) the development and implementation 

12 of procedures to enable the Human Smuggling 

13 and Trafficking Center to timely receive ter14 rorist travel intelligence and documentation ob15 tained at consulates and ports of entry, and by 

16 law enforcement officers and military personnel; 

17 (H) the use of foreign and technical assist18 ance to advance border security measures and 

19 law enforcement operations against terrorist 

20 travel facilitators; 

21 (I) the development of a program to pro22 vide each consular, port of entry, and immigra23 tion benefits office with a counterterrorist travel 

24 expert trained and authorized to use the rel25 evant authentication technologies and cleared to 
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1 access all appropriate immigration, law enforce2 ment, and intelligence databases; 

3 (J) the feasibility of digitally transmitting 

4 passport information to a central cadre of spe5 cialists until such time as experts described 

6 under subparagraph (I) are available at con7 sular, port of entry, and immigration benefits 

8 offices; and 

9 (K) granting consular officers the security 

10 clearances necessary to access law enforcement 

11 sensitive databases. 

12 (c) FRONTLINE COUNTERTERRORIST TRAVEL TECH13 NOLOGY AND TRAINING.— 

14 (1) TECHNOLOGY ACQUISITION AND DISSEMI15 NATION PLAN.—Not later than 180 days after the 

16 date of enactment of this Act, the Secretary of 

17 Homeland Security, in conjunction with the Sec18 retary of State, shall submit to Congress a plan de19 scribing how the Department of Homeland Security 

20 and the Department of State can acquire and de21 ploy, to all consulates, ports of entry, and immigra22 tion benefits offices, technologies that facilitate doc23 ument authentication and the detection of potential 

24 terrorist indicators on travel documents. 
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1 (2) CONTENTS OF PLAN.—The plan submitted 

2 under paragraph (1) shall— 

3 (A) outline the timetable needed to acquire 

4 and deploy the authentication technologies; 

5 (B) identify the resources required to— 

6 (i) fully disseminate these tech7 nologies; and 

8 (ii) train personnel on use of these 

9 technologies; and 

10 (C) address the feasibility of using these 

11 technologies to screen every passport submitted 

12 for identification purposes to a United States 

13 consular, border, or immigration official. 

14 (3) TRAINING PROGRAM.— 

15 (A) IN GENERAL.—The Secretary of 

16 Homeland Security and the Secretary of State 

17 shall develop and implement an initial and an18 nual training program for consular, border, and 

19 immigration officials to teach such officials how 

20 to effectively detect and disrupt terrorist travel. 

21 The Secretary may assist State, local, and trib22 al governments, and private industry, in estab23 lishing training programs related to terrorist 

24 travel intelligence. 
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1 (B) TRAINING TOPICS.—The training de2 veloped under this paragraph shall include 

3 training in— 

4 (i) methods for identifying fraudulent 

5 documents; 

6 (ii) detecting terrorist indicators on 

7 travel documents; 

8 (iii) recognizing travel patterns, tac9 tics, and behaviors exhibited by terrorists; 

10 (iv) the use of information contained 

11 in available databases and data systems 

12 and procedures to maintain the accuracy 

13 and integrity of such systems; and 

14 (v) other topics determined necessary 

15 by the Secretary of Homeland Security and 

16 the Secretary of State. 

17 (C) CERTIFICATION.—Not later than 1 

18 year after the date of enactment of this Act— 

19 (i) the Secretary of Homeland Secu20 rity shall certify to Congress that all bor21 der and immigration officials have received 

22 training under this paragraph; and 

23 (ii) the Secretary of State shall certify 

24 to Congress that all consular officers have 

25 received training under this paragraph. 
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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Sec3 retary for each of the fiscal years 2005 through 

4 2009 such sums as may be necessary to carry out 

5 the provisions of this subsection. 

6 (d) ENHANCING CLASSIFIED COUNTERTERRORIST

7 TRAVEL EFFORTS.— 

8 (1) IN GENERAL.—The National Intelligence 

9 Director shall significantly increase resources and 

10 personnel to the small classified program that col11 lects and analyzes intelligence on terrorist travel. 

12 (2) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated for each of 

14 the fiscal years 2005 through 2009 such sums as 

15 may be necessary to carry out this subsection. 

16 SEC. 602. INTEGRATED SCREENING SYSTEM. 

17 (a) IN GENERAL.—The Secretary of Homeland Secu18 rity shall develop a plan for a comprehensive integrated 

19 screening system. 

20 (b) DESIGN.—The system planned under subsection 

21 (a) shall be designed to— 

22 (1) encompass an integrated network of screen23 ing points that includes the Nation’s border security 

24 system, transportation system, and critical infra-
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1 structure or facilities that the Secretary determines 

2 need to be protected against terrorist attack; 

3 (2) build upon existing border enforcement and 

4 security activities, and to the extent practicable, pri5 vate sector security initiatives, in a manner that will 

6 enable the utilization of a range of security check 

7 points in a continuous and consistent manner 

8 throughout the Nation’s screening system; 

9 (3) allow access to government databases to de10 tect terrorists; and 

11 (4) utilize biometric identifiers that the Sec12 retary determines to be appropriate and feasible. 

13 (c) STANDARDS FOR SCREENING PROCEDURES.— 

14 (1) AUTHORIZATION.—The Secretary may pro15 mulgate standards for screening procedures for— 

16 (A) entering and leaving the United 

17 States; 

18 (B) accessing Federal facilities that the 

19 Secretary determines need to be protected 

20 against terrorist attack; 

21 (C) accessing critical infrastructure that 

22 the Secretary determines need to be protected 

23 against terrorist attack; and 
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1 (D) accessing modes of transportation that 

2 the Secretary determines need to be protected 

3 against terrorist attack. 

4 (2) SCOPE.—Standards prescribed under this 

5 subsection may address a range of factors, including 

6 technologies required to be used in screening and re7 quirements for secure identification. 

8 (3) REQUIREMENTS.—In promulgating stand9 ards for screening procedures, the Secretary shall— 

10 (A) consider and incorporate appropriate 

11 civil liberties and privacy protections; 

12 (B) comply with the Administrative Proce13 dure Act; and 

14 (C) consult with other Federal, State, 

15 local, and tribal governments, and other inter16 ested parties, as appropriate. 

17 (4) LIMITATION.—This section does not confer 

18 to the Secretary new statutory authority, or alter ex19 isting authorities, over systems, critical infrastruc20 ture, and facilities. 

21 (5) NOTIFICATION.—If the Secretary deter22 mines that additional regulatory authority is needed 

23 to fully implement the plan for an integrated screen24 ing system, the Secretary shall immediately notify 

25 Congress. 
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1 (d) COMPLIANCE.—The Secretary may issue regula2 tions to ensure compliance with the standards promul3 gated under this section. 

4 (e) CONSULTATION.—For those systems, critical in5 frastructure, and facilities that the Secretary determines 

6 need to be protected against terrorist attack, the Secretary 

7 shall consult with other Federal agencies, State, local, and 

8 tribal governments, and the private sector to ensure the 

9 development of consistent standards and consistent imple10 mentation of the integrated screening system. 

11 (f) BIOMETRIC IDENTIFIERS.—In carrying out this 

12 section, the Secretary shall continue to review biometric 

13 technologies and existing Federal and State programs 

14 using biometric identifiers. Such review shall consider the 

15 accuracy rate of available technologies. 

16 (g) IMPLEMENTATION.— 

17 (1) PHASE I.—The Secretary shall— 

18 (A) issue standards for driver’s licenses, 

19 personal identification cards, and birth certifi20 cates, as required under section 606; 

21 (B) develop plans for, and begin implemen22 tation of, a single program for registered trav23 elers to expedite travel across the border, as re24 quired under section 603(e); 
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1 (C) continue the implementation of a bio2 metric exit and entry data system that links to 

3 relevant databases and data systems, as re4 quired by subsections (b) and (c) of section 603 

5 and other existing authorities; 

6 (D) centralize the ‘‘no-fly’’ and ‘‘auto7 matic-selectee’’ lists, making use of improved 

8 terrorists watch lists, as required by section 

9 703; 

10 (E) develop plans, in consultation with 

11 other relevant agencies, for the sharing of ter12 rorist information with trusted governments, as 

13 required by section 605; 

14 (F) initiate any other action determined 

15 appropriate by the Secretary to facilitate the 

16 implementation of this paragraph; and 

17 (G) report to Congress on the implementa18 tion of phase I, including— 

19 (i) the effectiveness of actions taken, 

20 the efficacy of resources expended, compli21 ance with statutory provisions, and safe22 guards for privacy and civil liberties; and 

23 (ii) plans for the development and im24 plementation of phases II and III. 

25 (2) PHASE II.—The Secretary shall— 
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1 (A) complete the implementation of a sin2 gle program for registered travelers to expedite 

3 travel across the border, as required by section 

4 603(e); 

5 (B) complete the implementation of a bio6 metric entry and exit data system that links to 

7 relevant databases and data systems, as re8 quired by subsections (b) and (c) of section 

9 603, and other existing authorities; 

10 (C) in cooperation with other relevant 

11 agencies, engage in dialogue with foreign gov12 ernments to develop plans for the use of com13 mon screening standards; 

14 (D) initiate any other action determined 

15 appropriate by the Secretary to facilitate the 

16 implementation of this paragraph; and 

17 (E) report to Congress on the implementa18 tion of phase II, including— 

19 (i) the effectiveness of actions taken, 

20 the efficacy of resources expended, compli21 ance with statutory provisions, and safe22 guards for privacy and civil liberties; and 

23 (ii) the plans for the development and 

24 implementation of phase III. 

25 (3) PHASE III.—The Secretary shall— 
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1 (A) finalize and deploy the integrated 

2 screening system required by subsection (a); 

3 (B) in cooperation with other relevant 

4 agencies, promote the implementation of com5 mon screening standards by foreign govern6 ments; and 

7 (C) report to Congress on the implementa8 tion of Phase III, including— 

9 (i) the effectiveness of actions taken, 

10 the efficacy of resources expended, compli11 ance with statutory provisions, and safe12 guards for privacy and civil liberties; and 

13 (ii) the plans for the ongoing oper14 ation of the integrated screening system. 

15 (h) REPORT.—After phase III has been implemented, 

16 the Secretary shall submit a report to Congress every 3 

17 years that describes the ongoing operation of the inte18 grated screening system, including its effectiveness, effi19 cient use of resources, compliance with statutory provi20 sions, and safeguards for privacy and civil liberties. 

21 (i) AUTHORIZATIONS.—There are authorized to be 

22 appropriated to the Secretary for each of the fiscal years 

23 2005 through 2009, such sums as may be necessary to 

24 carry out the provisions of this section. 
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1 SEC. 603. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 

2 (a) FINDINGS.—Consistent with the report of the Na3 tional Commission on Terrorist Attacks Upon the United 

4 States, 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 

10 of Homeland Security shall develop a plan to accel11 erate the full implementation of an automated bio12 metric entry and exit data system required by appli13 cable sections 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 

23 Visa Entry Reform Act of 2002 (Public Law 

24 107–173); and 

25 (E) the Uniting and Strengthening Amer26 ica by Providing Appropriate Tools Required to 
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1 Intercept and Obstruct Terrorism (USA PA2 TRIOT ACT) Act of 2001 (Public Law 107– 

3 56). 

4 (2) REPORT.—Not later than 180 days after 

5 the date of enactment of this Act, the Secretary 

6 shall submit a report to Congress on the plan devel7 oped under paragraph (1), which 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 

23 the 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 

4 system; 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 

10 of the entry and exit data system in ful11 filling its intended purposes, including pre12 venting terrorists from entering the United 

13 States; 

14 (B) a description of factors relevant to the 

15 accelerated implementation of the biometric 

16 entry and exit system, including— 

17 (i) the earliest date on which the Sec18 retary estimates that full implementation 

19 of the biometric entry and exit data system 

20 can be completed; 

21 (ii) the actions the Secretary will take 

22 to accelerate the full implementation of the 

23 biometric entry and exit data system at all 

24 ports of entry through which all aliens 
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1 must pass that are legally required to do 

2 so; and 

3 (iii) the resources and authorities re4 quired to enable the Secretary to meet the 

5 implementation date described in clause 

6 (i); 

7 (C) a description of any improvements 

8 needed in the information technology employed 

9 for the entry and exit data system; and 

10 (D) a description of plans for improved or 

11 added interoperability with any other databases 

12 or data systems. 

13 (c) INTEGRATION REQUIREMENT.—Not later than 2 

14 years after the date of enactment of this Act, the Sec15 retary shall integrate the biometric entry and exit data 

16 system with all databases and data systems maintained 

17 by the United States Citizenship and Immigration Serv18 ices that process or contain information on aliens. 

19 (d) MAINTAINING ACCURACY AND INTEGRITY OF

20 ENTRY AND EXIT DATA SYSTEM.— 

21 (1) IN GENERAL.—The Secretary, in consulta22 tion with other appropriate agencies, shall establish 

23 rules, guidelines, policies, and operating and audit24 ing procedures for collecting, removing, and updat25 ing data maintained in, and adding information to, 
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1 the entry and exit data system, and databases and 

2 data systems linked to the entry and exit data sys3 tem, that ensure the accuracy and integrity of the 

4 data. 

5 (2) REQUIREMENTS.—The rules, guidelines, 

6 policies, and procedures established under paragraph 

7 (1) shall— 

8 (A) incorporate a simple and timely meth9 od for— 

10 (i) correcting errors; and 

11 (ii) clarifying information known to 

12 cause false hits or misidentification errors; 

13 and 

14 (B) include procedures for individuals to 

15 seek corrections of data contained in the data 

16 systems. 

17 (e) EXPEDITING REGISTERED TRAVELERS ACROSS

18 INTERNATIONAL BORDERS.— 

19 (1) FINDINGS.—Consistent with the report of 

20 the National Commission on Terrorist Attacks Upon 

21 the United States, Congress finds that— 

22 (A) expediting the travel of previously 

23 screened and known travelers across the bor24 ders of the United States should be a high pri25 ority; and 
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1 (B) the process of expediting known trav2 elers across the border can permit inspectors to 

3 better focus on identifying terrorists attempting 

4 to enter the United States. 

5 (2) DEFINITION.—The term ‘‘registered trav6 eler program’’ means any program designed to expe7 dite the travel of previously screened and known 

8 travelers across the borders of the United States. 

9 (3) REGISTERED TRAVEL PLAN.— 

10 (A) IN GENERAL.—As soon as is prac11 ticable, the Secretary shall develop and imple12 ment a plan to expedite the processing of reg13 istered travelers who enter and exit the United 

14 States through a single registered traveler pro15 gram. 

16 (B) INTEGRATION.—The registered trav17 eler program developed under this paragraph 

18 shall be integrated into the automated biometric 

19 entry and exit data system described in this 

20 section. 

21 (C) REVIEW AND EVALUATION.—In devel22 oping the program under this paragraph, the 

23 Secretary shall— 

24 (i) review existing programs or pilot 

25 projects designed to expedite the travel of 
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1 registered travelers across the borders of 

2 the United States; 

3 (ii) evaluate the effectiveness of the 

4 programs described in clause (i), the costs 

5 associated with such programs, and the 

6 costs to travelers to join such programs; 

7 and 

8 (iii) increase research and develop9 ment efforts to accelerate the development 

10 and implementation of a single registered 

11 traveler program. 

12 (4) REPORT.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary shall 

14 submit to Congress a report describing the Depart15 ment’s progress on the development and implemen16 tation of the plan required by this subsection. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Secretary, for 

19 each of the fiscal years 2005 through 2009, such sums 

20 as may be necessary to carry out the provisions of this 

21 section. 

22 SEC. 604. TRAVEL DOCUMENTS. 

23 (a) FINDINGS.—Consistent with the report of the Na24 tional Commission on Terrorist Attacks Upon the United 

25 States, Congress finds that— 
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1 (1) existing procedures allow many individuals 

2 to enter the United States by showing minimal iden3 tification or without showing any identification; 

4 (2) the planning for the terrorist attacks of 

5 September 11, 2001, demonstrates that terrorists 

6 study and exploit United States vulnerabilities; and 

7 (3) additional safeguards are needed to ensure 

8 that terrorists cannot enter the United States. 

9 (b) BIOMETRIC PASSPORTS.— 

10 (1) DEVELOPMENT OF PLAN.—The Secretary 

11 of Homeland Security, in consultation with the Sec12 retary of State, shall develop and implement a plan 

13 as expeditiously as possible to require biometric 

14 passports or other identification deemed by the Sec15 retary to be at least as secure as a biometric pass16 port, for all travel into the United States by United 

17 States citizens and by categories of individuals for 

18 whom documentation requirements have previously 

19 been waived under section 212(d)(4)(B) of the Im20 migration and Nationality Act (8 U.S.C. 

21 1182(d)(4)(B)). 

22 (2) REQUIREMENT TO PRODUCE DOCUMENTA23 TION.—The plan developed under paragraph (1) 

24 shall require all United States citizens, and cat25 egories of individuals for whom documentation re-
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1 quirements have previously been waived under sec2 tion 212(d)(4)(B) of such Act, to carry and produce 

3 the documentation described in paragraph (1) when 

4 traveling from foreign countries into the United 

5 States. 

6 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 After the complete implementation of the plan described 

8 in subsection (b)— 

9 (1) the Secretary of State and the Attorney 

10 General may no longer exercise discretion under sec11 tion 212(d)(4)(B) of such Act to waive documentary 

12 requirements for travel into the United States; and 

13 (2) the President may no longer exercise discre14 tion under section 215(b) of such Act to waive docu15 mentary requirements for United States citizens de16 parting from or entering, or attempting to depart 

17 from or enter, the United States, unless the Sec18 retary of State determines that the alternative docu19 mentation that is the basis for the waiver of the doc20 umentary requirement is at least as secure as a bio21 metric passport. 

22 (d) TRANSIT WITHOUT VISA PROGRAM.—The Sec23 retary of State shall not use any authorities granted under 

24 section 212(d)(4)(C) of such Act until the Secretary, in 

25 conjunction with the Secretary of Homeland Security, 
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1 completely implements a security plan to fully ensure se2 cure transit passage areas to prevent aliens proceeding in 

3 immediate and continuous transit through the United 

4 States from illegally entering the United States. 

5 SEC. 605. EXCHANGE OF TERRORIST INFORMATION. 

6 (a) FINDINGS.—Consistent with the report of the Na7 tional Commission on Terrorist Attacks Upon the United 

8 States, Congress finds that— 

9 (1) the exchange of terrorist information with 

10 other countries, consistent with privacy require11 ments, along with listings of lost and stolen pass12 ports, will have immediate security benefits; and 

13 (2) the further away from the borders of the 

14 United States that screening occurs, the more secu15 rity benefits the United States will gain. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) the United States Government should ex19 change terrorist information with trusted allies; 

20 (2) the United States Government should move 

21 toward real-time verification of passports with 

22 issuing authorities; 

23 (3) where practicable the United States Govern24 ment should conduct screening before a passenger 

25 departs on a flight destined for the United States; 
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1 (4) the United States Government should work 

2 with other countries to ensure effective inspection 

3 regimes at all airports; 

4 (5) the United States Government should work 

5 with other countries to improve passport standards 

6 and provide foreign assistance to countries that need 

7 help making the transition to the global standard for 

8 identification; and 

9 (6) the Department of Homeland Security, in 

10 coordination with the Department of State and other 

11 agencies, should implement the initiatives called for 

12 in this subsection. 

13 (c) REPORT REGARDING THE EXCHANGE OF TER14 RORIST INFORMATION.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of this Act, the Sec17 retary of State and the Secretary of Homeland Secu18 rity, working with other agencies, shall submit to the 

19 appropriate committees of Congress a report on 

20 Federal efforts to collaborate with allies of the 

21 United States in the exchange of terrorist informa22 tion. 

23 (2) CONTENTS.—The report shall outline— 

24 (A) strategies for increasing such collabo25 ration and cooperation; 
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1 (B) progress made in screening passengers 

2 before their departure to the United States; and 

3 (C) efforts to work with other countries to 

4 accomplish the goals described under this sec5 tion. 

6 SEC. 606. MINIMUM STANDARDS FOR IDENTIFICATION-RE7 LATED DOCUMENTS. 

8 (a) IN GENERAL.—Subtitle H of title VIII of the 

9 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

10 is amended by adding at the end the following: 

11 ‘‘SEC. 890A. MINIMUM STANDARDS FOR BIRTH CERTIFI12 CATES. 

13 ‘‘(a) DEFINITION.—In this section, the term ‘birth 

14 certificate’ means a certificate of birth— 

15 ‘‘(1) for an individual (regardless of where 

16 born)— 

17 ‘‘(A) who is a citizen or national of the 

18 United States at birth; and 

19 ‘‘(B) whose birth is registered in the 

20 United States; and 

21 ‘‘(2) that— 

22 ‘‘(A) is issued by a Federal, State, or local 

23 government agency or authorized custodian of 

24 record and produced from birth records main25 tained by such agency or custodian of record; or 
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1 ‘‘(B) is an authenticated copy, issued by a 

2 Federal, State, or local government agency or 

3 authorized custodian of record, of an original 

4 certificate of birth issued by such agency or 

5 custodian of record. 

6 ‘‘(b) STANDARDS FOR ACCEPTANCE BY FEDERAL

7 AGENCIES.— 

8 ‘‘(1) IN GENERAL.—Beginning 2 years after the 

9 promulgation of minimum standards under para10 graph (2), no Federal agency may accept a birth 

11 certificate for any official purpose unless the certifi12 cate conforms to such standards. 

13 ‘‘(2) MINIMUM STANDARDS.—Within 1 year 

14 after the date of enactment of this section, the Sec15 retary shall by regulation establish minimum stand16 ards for birth certificates for use by Federal agen17 cies for official purposes that— 

18 ‘‘(A) at a minimum, shall require certifi19 cation of the birth certificate by the State or 

20 local government custodian of record that 

21 issued the certificate, and shall require the use 

22 of safety paper, the seal of the issuing custo23 dian of record, and other features designed to 

24 prevent tampering, counterfeiting, or otherwise 
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1 duplicating the birth certificate for fraudulent 

2 purposes; 

3 ‘‘(B) shall establish requirements for proof 

4 and verification of identity as a condition of 

5 issuance of a birth certificate, with additional 

6 security measures for the issuance of a birth 

7 certificate for a person who is not the applicant; 

8 ‘‘(C) may not require a single design to 

9 which birth certificates issued by all States 

10 must conform; and 

11 ‘‘(D) shall accommodate the differences be12 tween the States in the manner and form in 

13 which birth records are stored and birth certifi14 cates are produced from such records. 

15 ‘‘(3) CONSULTATION WITH GOVERNMENT AGEN16 CIES.—In promulgating the standards required by 

17 paragraph (2), the Secretary shall consult with State 

18 vital statistics offices and appropriate Federal agen19 cies. 

20 ‘‘(4) EXTENSION OF EFFECTIVE DATE.—The 

21 Secretary may extend the 2-year date under para22 graph (1) by up to 2 additional years for birth cer23 tificates issued before that 2-year date if the Sec24 retary determines that the States are unable to com-
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1 ply with such date after making reasonable efforts to 

2 do so. 

3 ‘‘(c) GRANTS TO STATES.— 

4 ‘‘(1) ASSISTANCE IN MEETING FEDERAL

5 STANDARDS.— 

6 ‘‘(A) IN GENERAL.—Beginning on the date 

7 a final regulation is promulgated under sub8 section (b)(2), the Secretary shall make grants 

9 to States to assist them in conforming to the 

10 minimum standards for birth certificates set 

11 forth in the regulation. 

12 ‘‘(B) ALLOCATION OF GRANTS.—The Sec13 retary shall make grants to States under this 

14 paragraph based on the proportion that the es15 timated average annual number of birth certifi16 cates issued by a State applying for a grant 

17 bears to the estimated average annual number 

18 of birth certificates issued by all States. 

19 ‘‘(2) ASSISTANCE IN MATCHING BIRTH AND

20 DEATH RECORDS.— 

21 ‘‘(A) IN GENERAL.—The Secretary, in co22 ordination with other appropriate Federal agen23 cies, shall make grants to States to assist them 

24 in— 
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1 ‘‘(i) computerizing their birth and 

2 death records; 

3 ‘‘(ii) developing the capability to 

4 match birth and death records within each 

5 State and among the States; and 

6 ‘‘(iii) noting the fact of death on the 

7 birth certificates of deceased persons. 

8 ‘‘(B) ALLOCATION OF GRANTS.—The Sec9 retary shall make grants to States under this 

10 paragraph based on the proportion that the es11 timated annual average number of birth and 

12 death records created by a State applying for a 

13 grant bears to the estimated annual average 

14 number of birth and death records originated 

15 by all States. 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary for 

18 each of the fiscal years 2005 through 2009 such sums as 

19 may be necessary to carry out this section. 

20 ‘‘SEC. 890B. DRIVER’S LICENSES AND PERSONAL IDENTI21 FICATION CARDS. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s li24 cense’ means a motor vehicle operator’s license as 
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1 defined in section 30301(5) of title 49, United 

2 States Code. 

3 ‘‘(2) PERSONAL IDENTIFICATION CARD.—The 

4 term ‘personal identification card’ means an identi5 fication document (as defined in section 1028(d)(3) 

6 of title 18, United States Code) issued by a State. 

7 ‘‘(b) STANDARDS FOR ACCEPTANCE BY FEDERAL

8 AGENCIES.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) LIMITATION ON ACCEPTANCE.—No 

11 Federal agency may accept, for any official pur12 pose, a driver’s license or personal identification 

13 card issued by a State more than 2 years after 

14 the promulgation of the minimum standards 

15 under paragraph (2) unless the driver’s license 

16 or personal identification card conforms to such 

17 minimum standards. 

18 ‘‘(B) DATE FOR CONFORMANCE.—The 

19 Secretary shall establish a date after which no 

20 driver’s license or personal identification card 

21 shall be accepted by a Federal agency for any 

22 official purpose unless such driver’s license or 

23 personal identification card conforms to the 

24 minimum standards established under para25 graph (2). The date shall be as early as the 
230 

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1 Secretary determines it is practicable for the 

2 States to comply with such date with reasonable 

3 efforts. 

4 ‘‘(2) MINIMUM STANDARDS.—Within 1 year 

5 after the date of enactment of this section, the Sec6 retary shall by regulation establish minimum stand7 ards for driver’s licenses or personal identification 

8 cards issued by a State for use by Federal agencies 

9 for identification purposes that shall include— 

10 ‘‘(A) standards for documentation required 

11 as proof of identity of an applicant for a driv12 er’s license or identification card; 

13 ‘‘(B) standards for third-party verification 

14 of the authenticity of documents used to obtain 

15 a driver’s license or identification card; 

16 ‘‘(C) standards for the processing of appli17 cations for driver’s licenses and identification 

18 cards to prevent fraud; 

19 ‘‘(D) security standards to ensure that 

20 driver’s licenses and identification cards are— 

21 ‘‘(i) resistant to tampering, alteration, 

22 or counterfeiting; and 

23 ‘‘(ii) capable of accommodating a dig24 ital photograph or other unique identifier; 

25 and 
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1 ‘‘(E) a requirement that a State confiscate 

2 a driver’s license or identification card if any 

3 component or security feature of the license or 

4 identification card is compromised. 

5 ‘‘(3) CONTENT OF REGULATIONS.—The regula6 tions required by paragraph (2)— 

7 ‘‘(A) shall facilitate communication be8 tween the chief driver licensing official of a 

9 State and an appropriate official of a Federal 

10 agency to verify the authenticity of documents 

11 issued by such Federal agency and presented to 

12 prove the identity of an individual; 

13 ‘‘(B) may not directly or indirectly infringe 

14 on a State’s power to set eligibility criteria for 

15 obtaining a driver’s license or identification 

16 card from that State; and 

17 ‘‘(C) may not require a State to comply 

18 with any such regulation that conflicts with or 

19 otherwise interferes with the full enforcement of 

20 such eligibility criteria by the State. 

21 ‘‘(4) CONSULTATION WITH GOVERNMENT AGEN22 CIES.—In promulgating the standards required by 

23 paragraph (2), the Secretary shall consult with the 

24 Department of Transportation, the chief driver li25 censing official of each State, any other State orga-
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1 nization that issues personal identification cards, 

2 and any organization, determined appropriate by the 

3 Secretary, that represents the interests of the 

4 States. 

5 ‘‘(c) GRANTS TO STATES.— 

6 ‘‘(1) ASSISTANCE IN MEETING FEDERAL

7 STANDARDS.—Beginning on the date a final regula8 tion is promulgated under subsection (b)(2), the 

9 Secretary shall make grants to States to assist them 

10 in conforming to the minimum standards for driver’s 

11 licenses and personal identification cards set forth in 

12 the regulation. 

13 ‘‘(2) ALLOCATION OF GRANTS.—The Secretary 

14 shall make grants to States under this subsection 

15 based on the proportion that the estimated average 

16 annual number of driver’s licenses and personal 

17 identification cards issued by a State applying for a 

18 grant bears to the average annual number of such 

19 documents issued by all States. 

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Secretary for 

22 each of the fiscal years 2005 through 2009, such sums 

23 as may be necessary to carry out this section. 
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1 ‘‘SEC. 890C. SOCIAL SECURITY CARDS. 

2 ‘‘(a) SECURITY ENHANCEMENTS.—The Commis3 sioner of Social Security shall— 

4 ‘‘(1) within 180 days after the date of enact5 ment of this section, issue regulations to restrict the 

6 issuance of multiple replacement social security 

7 cards to any individual to minimize fraud; 

8 ‘‘(2) within 1 year after the date of enactment 

9 of this section, require independent verification of all 

10 records provided by an applicant for an original so11 cial security card, other than for purposes of enu12 meration at birth; and 

13 ‘‘(3) within 18 months after the date of enact14 ment of this section, add death, fraud, and work au15 thorization indicators to the social security number 

16 verification system. 

17 ‘‘(b) INTERAGENCY SECURITY TASK FORCE.—The 

18 Secretary and the Commissioner of Social Security shall 

19 form an interagency task force for the purpose of further 

20 improving the security of social security cards and num21 bers. Within 1 year after the date of enactment of this 

22 section, the task force shall establish security require23 ments, including— 

24 ‘‘(1) standards for safeguarding social security 

25 cards from counterfeiting, tampering, alteration, and 

26 theft; 
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1 ‘‘(2) requirements for verifying documents sub2 mitted for the issuance of replacement cards; and 

3 ‘‘(3) actions to increase enforcement against the 

4 fraudulent use or issuance of social security numbers 

5 and cards. 

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Commissioner of 

8 Social Security for each of the fiscal years 2005 through 

9 2009, such sums as may be necessary to carry out this 

10 section.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 (1) Section 656 of the Illegal Immigration Re13 form and Immigrant Responsibility Act of 1996 (5 

14 U.S.C. 301 note) is repealed. 

15 (2) Section 1(b) of the Homeland Security Act 

16 of 2002 (Public Law 107–296; 116 Stat. 2135) is 

17 amended by inserting after the item relating to sec18 tion 890 the following: 

‘‘Sec. 890A. Minimum standards for birth certificates. 

‘‘Sec. 890B. Driver’s licenses and personal identification cards. 

‘‘Sec. 890C. Social security cards.’’. 

19 TITLE VII—TRANSPORTATION 

20 SECURITY 

21 SEC. 701. DEFINITIONS. 

22 In this title, the terms ‘‘air carrier’’, ‘‘air transpor23 tation’’, ‘‘aircraft’’, ‘‘airport’’, ‘‘cargo’’, ‘‘foreign air car24 rier’’, and ‘‘intrastate air transportation’’ have the mean-
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1 ings given such terms in section 40102 of title 49, United 

2 States Code. 

3 SEC. 702. NATIONAL STRATEGY FOR TRANSPORTATION SE4 CURITY. 

5 (a) REQUIREMENT FOR STRATEGY.— 

6 (1) RESPONSIBILITIES OF SECRETARY OF

7 HOMELAND SECURITY.—The Secretary of Homeland 

8 Security shall— 

9 (A) develop and implement a National 

10 Strategy for Transportation Security; and 

11 (B) revise such strategy whenever nec12 essary to improve or to maintain the currency 

13 of the strategy or whenever the Secretary other14 wise considers it appropriate to do so. 

15 (2) CONSULTATION WITH SECRETARY OF

16 TRANSPORTATION.—The Secretary of Homeland Se17 curity shall consult with the Secretary of Transpor18 tation in developing and revising the National Strat19 egy for Transportation Security under this section. 

20 (b) CONTENT.—The National Strategy for Transpor21 tation Security shall include the following matters: 

22 (1) An identification and evaluation of the 

23 transportation assets within the United States that, 

24 in the interests of national security, must be pro25 tected from attack or disruption by terrorist or other 
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1 hostile forces, including aviation, bridge and tunnel, 

2 commuter rail and ferry, highway, maritime, pipe3 line, rail, urban mass transit, and other public trans4 portation infrastructure assets that could be at risk 

5 of such an attack or disruption. 

6 (2) The development of the risk-based prior7 ities, and realistic deadlines, for addressing security 

8 needs associated with those assets. 

9 (3) The most practical and cost-effective means 

10 of defending those assets against threats to their se11 curity. 

12 (4) A forward-looking strategic plan that as13 signs transportation security roles and missions to 

14 departments and agencies of the Federal Govern15 ment (including the Armed Forces), State govern16 ments (including the Army National Guard and Air 

17 National Guard), local governments, and public utili18 ties, and establishes mechanisms for encouraging 

19 private sector cooperation and participation in the 

20 implementation of such plan. 

21 (5) A comprehensive delineation of response 

22 and recovery responsibilities and issues regarding 

23 threatened and executed acts of terrorism within the 

24 United States. 
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1 (6) A prioritization of research and development 

2 objectives that support transportation security 

3 needs, giving a higher priority to research and devel4 opment directed toward protecting vital assets. 

5 (7) A budget and recommendations for appro6 priate levels and sources of funding to meet the ob7 jectives set forth in the strategy. 

8 (c) SUBMISSIONS TO CONGRESS.— 

9 (1) THE NATIONAL STRATEGY.— 

10 (A) INITIAL STRATEGY.—The Secretary of 

11 Homeland Security shall submit the National 

12 Strategy for Transportation Security developed 

13 under this section to Congress not later than 

14 April 1, 2005. 

15 (B) SUBSEQUENT VERSIONS.—After 2005, 

16 the Secretary of Homeland Security shall sub17 mit the National Strategy for Transportation 

18 Security, including any revisions, to Congress 

19 not less frequently than April 1 of each even20 numbered year. 

21 (2) PERIODIC PROGRESS REPORT.— 

22 (A) REQUIREMENT FOR REPORT.—Each 

23 year, in conjunction with the submission of the 

24 budget to Congress under section 1105(a) of 

25 title 31, United States Code, the Secretary of 
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1 Homeland Security shall submit to Congress an 

2 assessment of the progress made on imple3 menting the National Strategy for Transpor4 tation Security. 

5 (B) CONTENT.—Each progress report 

6 under this paragraph shall include, at a min7 imum, the following matters: 

8 (i) An assessment of the adequacy of 

9 the resources committed to meeting the ob10 jectives of the National Strategy for 

11 Transportation Security. 

12 (ii) Any recommendations for improv13 ing and implementing that strategy that 

14 the Secretary, in consultation with the Sec15 retary of Transportation, considers appro16 priate. 

17 (3) CLASSIFIED MATERIAL.—Any part of the 

18 National Strategy for Transportation Security that 

19 involves information that is properly classified under 

20 criteria established by Executive order shall be sub21 mitted to Congress separately in classified form. 

22 (d) PRIORITY STATUS.— 

23 (1) IN GENERAL.—The National Strategy for 

24 Transportation Security shall be the governing docu25 ment for Federal transportation security efforts. 
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1 (2) OTHER PLANS AND REPORTS.—The Na2 tional Strategy for Transportation Security shall in3 clude, as an integral part or as an appendix— 

4 (A) the current National Maritime Trans5 portation Security Plan under section 70103 of 

6 title 46, United States Code; 

7 (B) the report of the Secretary of Trans8 portation under section 44938 of title 49, 

9 United States Code; and 

10 (C) any other transportation security plan 

11 or report that the Secretary of Homeland Secu12 rity determines appropriate for inclusion. 

13 SEC. 703. USE OF WATCHLISTS FOR PASSENGER AIR 

14 TRANSPORTATION SCREENING. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity, acting through the Transportation Security Adminis17 tration, as soon as practicable after the date of the enact18 ment of this Act but in no event later than 90 days after 

19 that date, shall— 

20 (1) implement a procedure under which the 

21 Transportation Security Administration compares 

22 information about passengers who are to be carried 

23 aboard a passenger aircraft operated by an air car24 rier or foreign air carrier in air transportation or 

25 intrastate air transportation for flights and flight 
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1 segments originating in the United States with a 

2 comprehensive, consolidated database containing in3 formation about known or suspected terrorists and 

4 their associates; and 

5 (2) use the information obtained by comparing 

6 the passenger information with the information in 

7 the database to prevent known or suspected terror8 ists and their associates from boarding such flights 

9 or flight segments or to subject them to specific ad10 ditional security scrutiny, through the use of ‘‘no 

11 fly’’ and ‘‘automatic selectee’’ lists or other means. 

12 (b) AIR CARRIER COOPERATION.—The Secretary of 

13 Homeland Security, in coordination with the Secretary of 

14 Transportation, shall by order require air carriers to pro15 vide the passenger information necessary to implement the 

16 procedure required by subsection (a). 

17 (c) MAINTAINING THE ACCURACY AND INTEGRITY OF

18 THE ‘‘NO FLY’’ AND ‘‘AUTOMATIC SELECTEE’’ LISTS.— 

19 (1) WATCHLIST DATABASE.—The Secretary of 

20 Homeland Security, in consultation with the Direc21 tor of the Federal Bureau of Investigation, shall de22 sign guidelines, policies, and operating procedures 

23 for the collection, removal, and updating of data 

24 maintained, or to be maintained, in the watchlist 

25 database described in subsection (a)(1) that are de-
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1 signed to ensure the accuracy and integrity of the 

2 database. 

3 (2) ACCURACY OF ENTRIES.—In developing the 

4 ‘‘no fly’’ and ‘‘automatic selectee’’ lists under sub5 section (a)(2), the Secretary of Homeland Security 

6 shall establish a simple and timely method for cor7 recting erroneous entries, for clarifying information 

8 known to cause false hits or misidentification errors, 

9 and for updating relevant information that is dis10 positive in the passenger screening process. The Sec11 retary shall also establish a process to provide indi12 viduals whose names are confused with, or similar 

13 to, names in the database with a means of dem14 onstrating that they are not a person named in the 

15 database. 

16 SEC. 704. ENHANCED PASSENGER AND CARGO SCREENING. 

17 (a) AIRCRAFT PASSENGER SCREENING AT CHECK18 POINTS.— 

19 (1) DETECTION OF EXPLOSIVES.— 

20 (A) IMPROVEMENT OF CAPABILITIES.—As 

21 soon as practicable after the date of the enact22 ment of this Act, the Secretary of Homeland 

23 Security shall take such action as is necessary 

24 to improve the capabilities at passenger screen25 ing checkpoints, especially at commercial air-
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1 ports, to detect explosives carried aboard air2 craft by passengers or placed aboard aircraft by 

3 passengers. 

4 (B) INTERIM ACTION.—Until measures are 

5 implemented that enable the screening of all 

6 passengers for explosives, the Secretary shall 

7 take immediate measures to require Transpor8 tation Security Administration or other screen9 ers to screen for explosives any individual iden10 tified for additional screening before that indi11 vidual may board an aircraft. 

12 (2) IMPLEMENTATION REPORT.— 

13 (A) REQUIREMENT FOR REPORT.—Within 

14 90 days after the date of the enactment of this 

15 Act, the Secretary of Homeland Security shall 

16 transmit to the Senate and the House of Rep17 resentatives a report on how the Secretary in18 tends to achieve the objectives of the actions re19 quired under paragraph (1). The report shall 

20 include an implementation schedule. 

21 (B) CLASSIFIED INFORMATION.—The Sec22 retary may submit separately in classified form 

23 any information in the report under subpara24 graph (A) that involves information that is 
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1 properly classified under criteria established by 

2 Executive order. 

3 (b) ACCELERATION OF RESEARCH AND DEVELOP4 MENT ON, AND DEPLOYMENT OF, DETECTION OF EXPLO5 SIVES.— 

6 (1) REQUIRED ACTION.—The Secretary of 

7 Homeland Security, in consultation with the Sec8 retary of Transportation, shall take such action as 

9 may be necessary to accelerate research and develop10 ment and deployment of technology for screening 

11 aircraft passengers for explosives during or before 

12 the aircraft boarding process. 

13 (2) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Sec15 retary such sums as are necessary to carry out this 

16 subsection for each of fiscal years 2005 through 

17 2009. 

18 (c) IMPROVEMENT OF SCREENER JOB PERFORM19 ANCE.— 

20 (1) REQUIRED ACTION.—The Secretary of 

21 Homeland Security shall take such action as may be 

22 necessary to improve the job performance of airport 

23 screening personnel. 

24 (2) HUMAN FACTORS STUDY.—In carrying out 

25 this subsection, the Secretary shall, not later than 
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1 180 days after the date of the enactment of this Act, 

2 conduct a human factors study in order better to un3 derstand problems in screener performance and to 

4 set attainable objectives for individual screeners and 

5 screening checkpoints. 

6 (d) CHECKED BAGGAGE AND CARGO.— 

7 (1) IN-LINE BAGGAGE SCREENING.—The Sec8 retary of Homeland Security shall take such action 

9 as may be necessary to expedite the installation and 

10 use of advanced in-line baggage-screening equipment 

11 at commercial airports. 

12 (2) CARGO SECURITY.—The Secretary shall 

13 take such action as may be necessary to ensure that 

14 the Transportation Security Administration in15 creases and improves its efforts to screen potentially 

16 dangerous cargo. 

17 (3) HARDENED CONTAINERS.—The Secretary, 

18 in consultation with the Secretary of Transportation, 

19 shall require air carriers to deploy at least 1 hard20 ened container for containing baggage or cargo 

21 items in each passenger aircraft that also carries 

22 cargo. 

23 (e) COST-SHARING.—Not later than 45 days after the 

24 date of the enactment of this Act, the Secretary of Home25 land Security, in consultation with representatives of air 
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1 carriers, airport operators, and other interested parties, 

2 shall submit to the Senate and the House of Representa3 tives— 

4 (1) a proposed formula for cost-sharing, for the 

5 advanced in-line baggage screening equipment re6 quired by this title, between and among the Federal 

7 Government, State and local governments, and the 

8 private sector that reflects proportionate national se9 curity benefits and private sector benefits for such 

10 enhancement; and 

11 (2) recommendations, including recommended 

12 legislation, for an equitable, feasible, and expeditious 

13 system for defraying the costs of the advanced in14 line baggage screening equipment required by this 

15 title, which may be based on the formula proposed 

16 under paragraph (1). 

17 TITLE VIII—NATIONAL 

18 PREPAREDNESS 

19 SEC. 801. HOMELAND SECURITY ASSISTANCE. 

20 (a) DEFINITIONS.—In this section: 

21 (1) COMMUNITY.—The term ‘‘community’’ 

22 means a State, local government, or region. 

23 (2) HOMELAND SECURITY ASSISTANCE.—The 

24 term ‘‘homeland security assistance’’ means grants 

25 or other financial assistance provided by the Depart-
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1 ment of Homeland Security under the State Home2 land Security Grants Program, the Urban Areas Se3 curity Initiative, or the Law Enforcement Terrorism 

4 Prevention Program. 

5 (3) LOCAL GOVERNMENT.—The term ‘‘local 

6 government’’ has the meaning given that term in 

7 section 2(10) of the Homeland Security Act of 2002 

8 (6 U.S.C. 101(10)). 

9 (4) REGION.—The term ‘‘region’’ means any 

10 intrastate or interstate consortium of local govern11 ments. 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 (6) STATE.—The term ‘‘State’’ has the mean15 ing given that term in section 2(14) of the Home16 land Security Act of 2002 (6 U.S.C. 101(14)). 

17 (7) UNDER SECRETARY.—The term ‘‘Under 

18 Secretary’’ means the Under Secretary of Homeland 

19 Security for Information Analysis and Infrastructure 

20 Protection. 

21 (b) IN GENERAL.—The Secretary shall allocate 

22 homeland security assistance to communities based on— 

23 (1) the level of threat faced by a community, as 

24 determined by the Secretary through the Under Sec-
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1 retary, in consultation with the National Intelligence 

2 Director; 

3 (2) the critical infrastructure in the community, 

4 and the risks to and vulnerability of that infrastruc5 ture, as identified and assessed by the Secretary 

6 through the Under Secretary; 

7 (3) the community’s population and population 

8 density; 

9 (4) such other indicia of a community’s risk 

10 and vulnerability as the Secretary determines is ap11 propriate; 

12 (5) the benchmarks developed under subsection 

13 (d)(4)(A); and 

14 (6) the goal of achieving and enhancing essen15 tial emergency preparedness and response capabili16 ties throughout the Nation. 

17 (c) REALLOCATION OF ASSISTANCE.—A State receiv18 ing homeland security assistance may reallocate such as19 sistance, in whole or in part, among local governments or 

20 other entities, only if such reallocation is made on the 

21 basis of an assessment of threats, risks, and vulnerabilities 

22 of the local governments or other entities that is consistent 

23 with the criteria set forth in subsection (b). 

24 (d) ADVISORY PANEL.— 
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1 (1) ESTABLISHMENT.—Not later than 60 days 

2 after the date of enactment of this Act, the Sec3 retary shall establish an advisory panel to assist the 

4 Secretary in determining how to allocate homeland 

5 security assistance funds most effectively among 

6 communities, consistent with the criteria set out in 

7 subsection (b). 

8 (2) SELECTION OF MEMBERS.—The Secretary 

9 shall appoint no fewer than 10 individuals to serve 

10 on the advisory panel. The individuals shall— 

11 (A) be chosen on the basis of their knowl12 edge, achievements, and experience; 

13 (B) be from diverse geographic and profes14 sional backgrounds; and 

15 (C) have demonstrated expertise in home16 land security or emergency preparedness and 

17 response. 

18 (3) TERM.—Each member of the advisory panel 

19 appointed by the Secretary shall serve a term the 

20 length of which is to be determined by the Secretary, 

21 but which shall not exceed 5 years. 

22 (4) RESPONSIBILITIES.—The advisory panel 

23 shall— 

24 (A) develop benchmarks by which the 

25 needs and capabilities of diverse communities 
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1 throughout the Nation with respect to potential 

2 terrorist attacks may be assessed, and review 

3 and revise those benchmarks as appropriate; 

4 and 

5 (B) advise the Secretary on means of es6 tablishing appropriate priorities for the alloca7 tion of funding among applicants for homeland 

8 security assistance. 

9 (5) REPORTS.—Not later than 1 year after the 

10 date of enactment of this Act, and annually there11 after, the advisory panel shall provide the Secretary 

12 and Congress with a report on the benchmarks it 

13 has developed under paragraph (4)(A), including any 

14 revisions or modifications to such benchmarks. 

15 (6) APPLICABILITY OF FEDERAL ADVISORY

16 COMMITTEE ACT.—The Federal Advisory Committee 

17 Act (5 U.S.C. App.) shall apply to the advisory 

18 panel. 

19 (7) ADMINISTRATIVE SUPPORT SERVICES.—The 

20 Secretary shall provide administrative support serv21 ices to the advisory panel. 

22 (e) TECHNICAL AND CONFORMING AMENDMENT.— 

23 Section 1014(c) of the USA PATRIOT ACT of 2001 (42 

24 U.S.C. 3714(c)) is amended by striking paragraph (3). 
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1 SEC. 802. THE INCIDENT COMMAND SYSTEM. 

2 (a) FINDINGS.—Consistent with the report of the Na3 tional Commission on Terrorist Attacks Upon the United 

4 States, Congress makes the following findings: 

5 (1) The attacks on September 11, 2001, dem6 onstrated that even the most robust emergency re7 sponse capabilities can be overwhelmed if an attack 

8 is large enough. 

9 (2) Teamwork, collaboration, and cooperation 

10 at an incident site are critical to a successful re11 sponse to a terrorist attack. 

12 (3) Key decision makers who are represented at 

13 the incident command level help to ensure an effec14 tive response, the efficient use of resources, and re15 sponder safety. 

16 (4) Regular joint training at all levels is essen17 tial to ensuring close coordination during an actual 

18 incident. 

19 (5) Beginning with fiscal year 2005, the De20 partment of Homeland Security is requiring that en21 tities adopt the Incident Command System and 

22 other concepts of the National Incident Management 

23 System in order to qualify for funds distributed by 

24 the Office of State and Local Government Coordina25 tion and Preparedness. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) emergency response agencies nationwide 

4 should adopt the Incident Command System; 

5 (2) when multiple agencies or multiple jurisdic6 tions are involved, they should follow a unified com7 mand system; and 

8 (3) the Secretary of Homeland Security should 

9 require, as a further condition of receiving homeland 

10 security preparedness funds from the Office of State 

11 and Local Government Coordination and Prepared12 ness, that grant applicants document measures 

13 taken to fully and aggressively implement the Inci14 dent Command System and unified command proce15 dures. 

16 SEC. 803. NATIONAL CAPITAL REGION MUTUAL AID. 

17 (a) DEFINITIONS.—In this section: 

18 (1) AUTHORIZED REPRESENTATIVE OF THE

19 FEDERAL GOVERNMENT.—The term ‘‘authorized 

20 representative of the Federal Government’’ means 

21 any individual or individuals designated by the 

22 President with respect to the executive branch, the 

23 Chief Justice with respect to the Federal judiciary, 

24 or the President of the Senate and Speaker of the 

25 House of Representatives with respect to Congress, 
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1 or their designees, to request assistance under a Mu2 tual Aid Agreement for an emergency or public serv3 ice event. 

4 (2) CHIEF OPERATING OFFICER.—The term 

5 ‘‘chief operating officer’’ means the official des6 ignated by law to declare an emergency in and for 

7 the locality of that chief operating officer. 

8 (3) EMERGENCY.—The term ‘‘emergency’’ 

9 means a major disaster or emergency declared by 

10 the President, or a state of emergency declared by 

11 the Mayor of the District of Columbia, the Governor 

12 of the State of Maryland or the Commonwealth of 

13 Virginia, or the declaration of a local emergency by 

14 the chief operating officer of a locality, or their des15 ignees, that triggers mutual aid under the terms of 

16 a Mutual Aid Agreement. 

17 (4) EMPLOYEE.—The term ‘‘employee’’ means 

18 the employees of the party, including its agents or 

19 authorized volunteers, who are committed in a Mu20 tual Aid Agreement to prepare for or who respond 

21 to an emergency or public service event. 

22 (5) LOCALITY.—The term ‘‘locality’’ means a 

23 county, city, or town within the State of Maryland 

24 or the Commonwealth of Virginia and within the 

25 National Capital Region. 
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1 (6) MUTUAL AID AGREEMENT.—The term ‘‘Mu2 tual Aid Agreement’’ means an agreement, author3 ized under subsection (b) for the provision of police, 

4 fire, rescue and other public safety and health or 

5 medical services to any party to the agreement dur6 ing a public service event, an emergency, or pre7 planned training event. 

8 (7) NATIONAL CAPITAL REGION OR REGION.— 

9 The term ‘‘National Capital Region’’ or ‘‘Region’’ 

10 means the area defined under section 2674(f)(2) of 

11 title 10, United States Code, and those counties with 

12 a border abutting that area and any municipalities 

13 therein. 

14 (8) PARTY.—The term ‘‘party’’ means the 

15 State of Maryland, the Commonwealth of Virginia, 

16 the District of Columbia, and any of the localities 

17 duly executing a Mutual Aid Agreement under this 

18 section. 

19 (9) PUBLIC SERVICE EVENT.—The term ‘‘pub20 lic service event’’— 

21 (A) means any undeclared emergency, inci22 dent or situation in preparation for or response 

23 to which the Mayor of the District of Columbia, 

24 an authorized representative of the Federal 

25 Government, the Governor of the State of 
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1 Maryland, the Governor of the Commonwealth 

2 of Virginia, or the chief operating officer of a 

3 locality in the National Capital Region, or their 

4 designees, requests or provides assistance under 

5 a Mutual Aid Agreement within the National 

6 Capital Region; and 

7 (B) includes Presidential inaugurations, 

8 public gatherings, demonstrations and protests, 

9 and law enforcement, fire, rescue, emergency 

10 health and medical services, transportation, 

11 communications, public works and engineering, 

12 mass care, and other support that require 

13 human resources, equipment, facilities or serv14 ices supplemental to or greater than the re15 questing jurisdiction can provide. 

16 (10) STATE.—The term ‘‘State’’ means the 

17 State of Maryland, the Commonwealth of Virginia, 

18 and the District of Columbia. 

19 (11) TRAINING.—The term ‘‘training’’ means 

20 emergency and public service event-related exercises, 

21 testing, or other activities using equipment and per22 sonnel to simulate performance of any aspect of the 

23 giving or receiving of aid by National Capital Region 

24 jurisdictions during emergencies or public service 
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1 events, such actions occurring outside actual emer2 gency or public service event periods. 

3 (b) MUTUAL AID AUTHORIZED.— 

4 (1) IN GENERAL.—The Mayor of the District of 

5 Columbia, any authorized representative of the Fed6 eral Government, the Governor of the State of Mary7 land, the Governor of the Commonwealth of Vir8 ginia, or the chief operating officer of a locality, or 

9 their designees, acting within his or her jurisdic10 tional purview, may, subject to State law, enter into, 

11 request or provide assistance under Mutual Aid 

12 Agreements with localities, the Washington Metro13 politan Area Transit Authority, the Metropolitan 

14 Washington Airports Authority, and any other gov15 ernmental agency or authority for— 

16 (A) law enforcement, fire, rescue, emer17 gency health and medical services, transpor18 tation, communications, public works and engi19 neering, mass care, and resource support in an 

20 emergency or public service event; 

21 (B) preparing for, mitigating, managing, 

22 responding to or recovering from any emer23 gency or public service event; and 

24 (C) training for any of the activities de25 scribed under subparagraphs (A) and (B). 
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1 (2) FACILITATING LOCALITIES.—The State of 

2 Maryland and the Commonwealth of Virginia are en3 couraged to facilitate the ability of localities to enter 

4 into interstate Mutual Aid Agreements in the Na5 tional Capital Region under this section. 

6 (3) APPLICATION AND EFFECT.—This section— 

7 (A) does not apply to law enforcement se8 curity operations at special events of national 

9 significance under section 3056(e) of title 18, 

10 United States Code, or other law enforcement 

11 functions of the United States Secret Service; 

12 (B) does not diminish any authorities, ex13 press or implied, of Federal agencies to enter 

14 into Mutual Aid Agreements in furtherance of 

15 their Federal missions; and 

16 (C) does not— 

17 (i) preclude any party from entering 

18 into supplementary Mutual Aid Agree19 ments with fewer than all the parties, or 

20 with another party; or 

21 (ii) affect any other agreement in ef22 fect before the date of enactment of this 

23 Act among the States and localities, in24 cluding the Emergency Management As25 sistance Compact. 
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1 (4) RIGHTS DESCRIBED.—Other than as de2 scribed in this section, the rights and responsibilities 

3 of the parties to a Mutual Aid Agreement entered 

4 into under this section shall be as described in the 

5 Mutual Aid Agreement. 

6 (c) DISTRICT OF COLUMBIA.— 

7 (1) IN GENERAL.—The District of Columbia 

8 may purchase liability and indemnification insurance 

9 or become self insured against claims arising under 

10 a Mutual Aid Agreement authorized under this sec11 tion. 

12 (2) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out paragraph (1). 

15 (d) LIABILITY AND ACTIONS AT LAW.— 

16 (1) IN GENERAL.—Any responding party or its 

17 officers or employees rendering aid or failing to 

18 render aid to the District of Columbia, the Federal 

19 Government, the State of Maryland, the Common20 wealth of Virginia, or a locality, under a Mutual Aid 

21 Agreement authorized under this section, and any 

22 party or its officers or employees engaged in training 

23 activities with another party under such a Mutual 

24 Aid Agreement, shall be liable on account of any act 

25 or omission of its officers or employees while so en-
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1 gaged or on account of the maintenance or use of 

2 any related equipment, facilities, or supplies, but 

3 only to the extent permitted under the laws and pro4 cedures of the State of the party rendering aid. 

5 (2) ACTIONS.—Any action brought against a 

6 party or its officers or employees on account of an 

7 act or omission in the rendering of aid to the Dis8 trict of Columbia, the Federal Government, the 

9 State of Maryland, the Commonwealth of Virginia, 

10 or a locality, or failure to render such aid or on ac11 count of the maintenance or use of any related 

12 equipment, facilities, or supplies may be brought 

13 only under the laws and procedures of the State of 

14 the party rendering aid and only in the Federal or 

15 State courts located therein. Actions against the 

16 United States under this section may be brought 

17 only in Federal courts. 

18 (3) GOOD FAITH EXCEPTION.— 

19 (A) DEFINITION.—In this paragraph, the 

20 term ‘‘good faith’’ shall not include willful mis21 conduct, gross negligence, or recklessness. 

22 (B) EXCEPTION.—No State or locality, or 

23 its officers or employees, rendering aid to an24 other party, or engaging in training, under a 

25 Mutual Aid Agreement shall be liable under 
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1 Federal law on account of any act or omission 

2 performed in good faith while so engaged, or on 

3 account of the maintenance or use of any re4 lated equipment, facilities, or supplies per5 formed in good faith. 

6 (4) IMMUNITIES.—This section shall not abro7 gate any other immunities from liability that any 

8 party has under any other Federal or State law. 

9 (d) WORKERS COMPENSATION.— 

10 (1) COMPENSATION.—Each party shall provide 

11 for the payment of compensation and death benefits 

12 to injured members of the emergency forces of that 

13 party and representatives of deceased members of 

14 such forces if such members sustain injuries or are 

15 killed while rendering aid to the District of Colum16 bia, the Federal Government, the State of Maryland, 

17 the Commonwealth of Virginia, or a locality, under 

18 a Mutual Aid Agreement, or engaged in training ac19 tivities under a Mutual Aid Agreement, in the same 

20 manner and on the same terms as if the injury or 

21 death were sustained within their own jurisdiction. 

22 (2) OTHER STATE LAW.—No party shall be lia23 ble under the law of any State other than its own 

24 for providing for the payment of compensation and 

25 death benefits to injured members of the emergency 
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1 forces of that party and representatives of deceased 

2 members of such forces if such members sustain in3 juries or are killed while rendering aid to the Dis4 trict of Columbia, the Federal Government, the 

5 State of Maryland, the Commonwealth of Virginia, 

6 or a locality, under a Mutual Aid Agreement or en7 gaged in training activities under a Mutual Aid 

8 Agreement. 

9 (e) LICENSES AND PERMITS.—If any person holds a 

10 license, certificate, or other permit issued by any respond11 ing party evidencing the meeting of qualifications for pro12 fessional, mechanical, or other skills and assistance is re13 quested by a receiving jurisdiction, such person will be 

14 deemed licensed, certified, or permitted by the receiving 

15 jurisdiction to render aid involving such skill to meet a 

16 public service event, emergency or training for any such 

17 events. 

18 SEC. 804. ASSIGNMENT OF SPECTRUM FOR PUBLIC SAFETY. 

19 Section 309(j)(14) of the Communications Act of 

20 1934 (47 U.S.C. 309(j)(14)) is amended by adding at the 

21 end the following: 

22 ‘‘(E) EXTENSIONS NOT PERMITTED FOR

23 CHANNELS (63, 64, 68 AND 69) REASSIGNED

24 FOR PUBLIC SAFETY SERVICES.—Notwith25 standing subparagraph (B), the Commission 
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1 shall not grant any extension under such sub2 paragraph from the limitation of subparagraph 

3 (A) with respect to the frequencies assigned, 

4 under section 337(a)(1), for public safety serv5 ices. The Commission shall take all actions nec6 essary to complete assignment of the electro7 magnetic spectrum between 764 and 776 mega8 hertz, inclusive, and between 794 and 806 

9 megahertz, inclusive, for public safety services 

10 and to permit operations by public safety serv11 ices on those frequencies commencing not later 

12 than January 1, 2007.’’. 

13 SEC. 805. URBAN AREA COMMUNICATIONS CAPABILITIES. 

14 (a) IN GENERAL.—Title V of the Homeland Security 

15 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

16 at the end the following: 

17 ‘‘SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CA18 PABILITIES. 

19 ‘‘The Secretary, in consultation with the Federal 

20 Communications Commission and the Secretary of De21 fense, and with appropriate governors, mayors, and other 

22 State and local government officials, shall encourage and 

23 support the establishment of consistent and effective com24 munications capabilities in the event of an emergency in 

25 urban areas determined by the Secretary to be at consist-
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1 ently high levels of risk from terrorist attack. Such com2 munications capabilities shall ensure the ability of all lev3 els of government agencies, including military authorities, 

4 and of first responders, hospitals, and other organizations 

5 with emergency response capabilities to communicate with 

6 each other in the event of an emergency. Additionally, the 

7 Secretary, in conjunction with the Secretary of Defense, 

8 shall develop plans to provide back-up and additional com9 munications support in the event of an emergency.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

11 Section 1(b) of that Act is amended by inserting after the 

12 item relating to section 509 the following: 

‘‘Sec. 510. High risk urban area communications capabilities.’’. 

13 SEC. 806. PRIVATE SECTOR PREPAREDNESS. 

14 (a) FINDINGS.—Consistent with the report of the Na15 tional Commission on Terrorist Attacks Upon the United 

16 States, Congress makes the following findings: 

17 (1) Private sector organizations own 85 percent 

18 of the Nation’s critical infrastructure and employ 

19 the vast majority of the Nation’s workers. 

20 (2) Unless a terrorist attack targets a military 

21 or other secure government facility, the first people 

22 called upon to respond will likely be civilians. 

23 (3) Despite the exemplary efforts of some pri24 vate entities, the private sector remains largely un25 prepared for a terrorist attack, due in part to the 
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1 lack of a widely accepted standard for private sector 

2 preparedness. 

3 (4) Preparedness in the private sector and pub4 lic sector for rescue, restart and recovery of oper5 ations should include— 

6 (A) a plan for evacuation; 

7 (B) adequate communications capabilities; 

8 and 

9 (C) a plan for continuity of operations. 

10 (5) The American National Standards Institute 

11 recommends a voluntary national preparedness 

12 standard for the private sector based on the existing 

13 American National Standard on Disaster/Emergency 

14 Management and Business Continuity Programs 

15 (NFPA 1600), with appropriate modifications. This 

16 standard would establish a common set of criteria 

17 and terminology for preparedness, disaster manage18 ment, emergency management, and business con19 tinuity programs. 

20 (6) The mandate of the Department of Home21 land Security extends to working with the private 

22 sector, as well as government entities. 

23 (b) PRIVATE SECTOR PREPAREDNESS PROGRAM.— 

24 (1) IN GENERAL.—Title V of the Homeland Se25 curity Act of 2002 (6 U.S.C. 311 et seq.), as amend-
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1 ed by section 805, is amended by adding at the end 

2 the following: 

3 ‘‘SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM. 

4 ‘‘The Secretary shall establish a program to promote 

5 private sector preparedness for terrorism and other emer6 gencies, including promoting the adoption of a voluntary 

7 national preparedness standard such as the private sector 

8 preparedness standard developed by the American Na9 tional Standards Institute and based on the National Fire 

10 Protection Association 1600 Standard on Disaster/Emer11 gency Management and Business Continuity Programs.’’. 

12 (2) TECHNICAL AND CONFORMING AMEND13 MENT.—Section 1(b) of that Act, as amended by 

14 section 805, is amended by inserting after the item 

15 relating to section 510 the following: 

‘‘Sec. 511. Private sector preparedness program.’’. 

16 (c) SENSE OF CONGRESS.—It is the sense of Con17 gress that insurance and credit-rating industries should 

18 consider compliance with the voluntary national prepared19 ness standard, the adoption of which is promoted by the 

20 Secretary of Homeland Security under section 511 of the 

21 Homeland Security Act of 2002, as added by subsection 

22 (b), in assessing insurability and credit worthiness. 

23 SEC. 807. CRITICAL INFRASTRUCTURE AND READINESS AS24 SESSMENTS. 

25 (a) FINDINGS.—Congress finds the following: 
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1 (1) Under section 201 of the Homeland Secu2 rity Act of 2002 (6 U.S.C 121), the Department of 

3 Homeland Security, through the Under Secretary 

4 for Information Analysis and Infrastructure Protec5 tion, has the responsibility— 

6 (A) to carry out comprehensive assess7 ments of the vulnerabilities of the key resources 

8 and critical infrastructure of the United States, 

9 including the performance of risk assessments 

10 to determine the risks posed by particular types 

11 of terrorist attacks within the United States; 

12 (B) to identify priorities for protective and 

13 supportive measures; and 

14 (C) to develop a comprehensive national 

15 plan for securing the key resources and critical 

16 infrastructure of the United States. 

17 (2) Under Homeland Security Presidential Di18 rective 7, issued on December 17, 2003, the Sec19 retary of Homeland Security was given 1 year to de20 velop a comprehensive plan to identify, prioritize, 

21 and coordinate the protection of critical infrastruc22 ture and key resources. 

23 (3) Consistent with the report of the National 

24 Commission on Terrorist Attacks Upon the United 
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1 States, the Secretary of Homeland Security 

2 should— 

3 (A) identify those elements of the United 

4 States’ transportation, energy, communications, 

5 financial, and other institutions that need to be 

6 protected; 

7 (B) develop plans to protect that infra8 structure; and 

9 (C) exercise mechanisms to enhance pre10 paredness. 

11 (b) REPORTS ON RISK ASSESSMENT AND READI12 NESS.—Not later than 180 days after the date of enact13 ment of this Act and annually thereafter, the Secretary 

14 of Homeland Security shall submit a report to Congress 

15 on— 

16 (1) the Department of Homeland Security’s 

17 progress in completing vulnerability and risk assess18 ments of the Nation’s critical infrastructure; 

19 (2) the adequacy of the Government’s plans to 

20 protect such infrastructure; and 

21 (3) the readiness of the Government to respond 

22 to threats against the United States. 
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1 SEC. 808. REPORT ON NORTHERN COMMAND AND DEFENSE 

2 OF THE UNITED STATES HOMELAND. 

3 (a) FINDINGS.—Consistent with the report of the Na4 tional Commission on Terrorist Attacks Upon the United 

5 States, Congress makes the following findings: 

6 (1) The primary responsibility for national de7 fense is with the Department of Defense and the 

8 secondary responsibility for national defense is with 

9 the Department of Homeland Security, and the 2 

10 departments must have clear delineations of respon11 sibility. 

12 (2) Before September 11, 2001, the North 

13 American Aerospace Defense Command (hereafter in 

14 this section referred to as ‘‘NORAD’’), which had 

15 responsibility for defending United States airspace 

16 on September 11, 2001— 

17 (A) focused on threats coming from out18 side the borders of the United States; and 

19 (B) had not increased its focus on ter20 rorism within the United States, even though 

21 the intelligence community had gathered intel22 ligence on the possibility that terrorists might 

23 turn to hijacking and even the use of airplanes 

24 as missiles within the United States. 
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1 (3) The United States Northern Command has 

2 been established to assume responsibility for defense 

3 within the United States. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the Secretary of Defense should regularly 

7 assess the adequacy of United States Northern Com8 mand’s plans and strategies with a view to ensuring 

9 that the United States Northern Command is pre10 pared to respond effectively to all military and para11 military threats within the United States; and 

12 (2) the Committee on Armed Services of the 

13 Senate and the Committee on Armed Services of the 

14 House of Representatives should periodically review 

15 and assess the adequacy of such plans and strate16 gies. 

17 (c) REPORT.—Not later than 180 days after the date 

18 of the enactment of this Act, and every 180 days there19 after, the Secretary of Defense shall submit to the Com20 mittee on Armed Services of the Senate and the Com21 mittee on Armed Services of the House of Representatives 

22 a report describing the United States Northern Com23 mand’s plans and strategies to defend the United States 

24 against military and paramilitary threats within the 

25 United States. 
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1 TITLE IX—PROTECTION OF 

2 CIVIL LIBERTIES 

3 SEC. 901. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

4 BOARD. 

5 (a) IN GENERAL.—There is established within the 

6 Executive Office of the President a Privacy and Civil Lib7 erties Oversight Board (referred to in this title as the 

8 ‘‘Board’’). 

9 (b) FINDINGS.—Consistent with the report of the Na10 tional Commission on Terrorist Attacks Upon the United 

11 States, Congress makes the following findings: 

12 (1) In conducting the war on terrorism, the 

13 Government may need additional powers and may 

14 need to enhance the use of its existing powers. 

15 (2) This shift of power and authority to the 

16 Government calls for an enhanced system of checks 

17 and balances to protect the precious liberties that 

18 are vital to our way of life and to ensure that the 

19 Government uses its powers for the purposes for 

20 which the powers were given. 

21 (c) PURPOSE.—The Board shall— 

22 (1) analyze and review actions the Executive 

23 Branch takes to protect the Nation from terrorism; 

24 and 
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1 (2) ensure that liberty concerns are appro2 priately considered in the development and imple3 mentation of laws, regulations, and policies related 

4 to efforts to protect the Nation against terrorism. 

5 (d) FUNCTIONS.— 

6 (1) ADVICE AND COUNSEL ON POLICY DEVEL7 OPMENT AND IMPLEMENTATION.—The Board 

8 shall— 

9 (A) review proposed legislation, regula10 tions, and policies related to efforts to protect 

11 the Nation from terrorism, including the devel12 opment and adoption of information sharing 

13 guidelines under section 201(e); 

14 (B) review the implementation of new and 

15 existing legislation, regulations, and policies re16 lated to efforts to protect the Nation from ter17 rorism, including the implementation of infor18 mation sharing guidelines under section 201(e); 

19 (C) advise the President and Federal exec20 utive departments and agencies to ensure that 

21 privacy and civil liberties are appropriately con22 sidered in the development and implementation 

23 of such legislation, regulations, policies, and 

24 guidelines; and 
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1 (D) in providing advice on proposals to re2 tain or enhance a particular governmental 

3 power, consider whether the executive depart4 ment or agency has explained— 

5 (i) that the power actually materially 

6 enhances security; and 

7 (ii) that there is adequate supervision 

8 of the executive’s use of the power to en9 sure protection of civil liberties. 

10 (2) OVERSIGHT.—The Board shall continually 

11 review— 

12 (A) the regulations, policies, and proce13 dures and the implementation of the regula14 tions, policies, procedures, and related laws of 

15 Federal executive departments and agencies to 

16 ensure that privacy and civil liberties are pro17 tected; 

18 (B) the information sharing practices of 

19 Federal executive departments and agencies to 

20 determine whether they appropriately protect 

21 privacy and civil liberties and adhere to the in22 formation sharing guidelines promulgated under 

23 section 201(e) and to other governing laws, reg24 ulations, and policies regarding privacy and civil 

25 liberties; and 
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1 (C) other actions by the Executive Branch 

2 related to efforts to protect the Nation from 

3 terrorism to determine whether such actions— 

4 (i) appropriately protect privacy and 

5 civil liberties; and 

6 (ii) are consistent with governing 

7 laws, regulations, and policies regarding 

8 privacy and civil liberties. 

9 (3) RELATIONSHIP WITH PRIVACY AND CIVIL

10 LIBERTIES OFFICERS.—The Board shall review and 

11 assess the activities of privacy and civil liberties offi12 cers described in section 902 and, where appro13 priate, shall coordinate their activities. 

14 (e) REPORTS.— 

15 (1) IN GENERAL.—The Board shall— 

16 (A) receive and review reports from privacy 

17 and civil liberties officers described in section 

18 902; and 

19 (B) periodically submit, not less than semi20 annually, reports to Congress and the Presi21 dent. 

22 (2) CONTENTS.—Not less than 2 reports sub23 mitted each year under paragraph (1)(B) shall in24 clude— 
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1 (A) a description of the major activities of 

2 the Board during the relevant period; and 

3 (B) information on the findings, conclu4 sions, and recommendations of the Board re5 sulting from its advice and oversight functions 

6 under subsection (d). 

7 (f) INFORMING THE PUBLIC.—The Board shall 

8 hold public hearings, release public reports, and oth9 erwise inform the public of its activities, as appro10 priate and in a manner consistent with the protec11 tion of classified information and applicable law. 

12 (g) ACCESS TO INFORMATION.— 

13 (1) AUTHORIZATION.—If determined by the 

14 Board to be necessary to carry out its responsibil15 ities under this section, the Board may— 

16 (A) secure directly from any Federal exec17 utive department or agency, or any Federal of18 ficer or employee, all relevant records, reports, 

19 audits, reviews, documents, papers, or rec20 ommendations, including classified information 

21 consistent with applicable law; 

22 (B) interview, take statements from, or 

23 take public testimony from personnel of any 

24 Federal executive department or agency or any 

25 Federal officer or employee; 
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1 (C) request information or assistance from 

2 any State, tribal, or local government; and 

3 (D) require, by subpoena, persons other 

4 than Federal executive departments and agen5 cies to produce any relevant information, docu6 ments, reports, answers, records, accounts, pa7 pers, and other documentary or testimonial evi8 dence. 

9 (2) ENFORCEMENT OF SUBPOENA.—In the case 

10 of contumacy or failure to obey a subpoena issued 

11 under paragraph (1)(D), the United States district 

12 court for the judicial district in which the subpoe13 naed person resides, is served, or may be found may 

14 issue an order requiring such person to produce the 

15 evidence required by such subpoena. 

16 (h) MEMBERSHIP.— 

17 (1) MEMBERS.—The Board shall be composed 

18 of a chairman and 4 additional members, who shall 

19 be appointed by the President, by and with the ad20 vice and consent of the Senate. 

21 (2) QUALIFICATIONS.—Members of the Board 

22 shall be selected solely on the basis of their profes23 sional qualifications, achievements, public stature, 

24 and relevant experience, and without regard to polit25 ical affiliation. 
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1 (3) INCOMPATIBLE OFFICE.—An individual ap2 pointed to the Board may not, while serving on the 

3 Board, be an elected official, an officer, or an em4 ployee of the Federal Government, other than in the 

5 capacity as a member of the Board. 

6 (i) COMPENSATION AND TRAVEL EXPENSES.— 

7 (1) COMPENSATION.— 

8 (A) CHAIRMAN.—The chairman shall be 

9 compensated at a rate equal to the daily equiva10 lent of the annual rate of basic pay in effect for 

11 a position at level III of the Executive Schedule 

12 under section 5314 of title 5, United States 

13 Code, for each day during which the chairman 

14 is engaged in the actual performance of the du15 ties of the Board. 

16 (B) MEMBERS.—Each member of the 

17 Board shall be compensated at a rate equal to 

18 the daily equivalent of the annual rate of basic 

19 pay in effect for a position at level IV of the 

20 Executive Schedule under section 5315 of title 

21 5, United States Code, for each day during 

22 which that member is engaged in the actual 

23 performance of the duties of the Board. 

24 (2) TRAVEL EXPENSES.—Members of the 

25 Board shall be allowed travel expenses, including per 
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1 diem in lieu of subsistence, at rates authorized for 

2 persons employed intermittently by the Government 

3 under section 5703(b) of title 5, United States Code, 

4 while away from their homes or regular places of 

5 business in the performance of services for the 

6 Board. 

7 (j) STAFF.— 

8 (1) APPOINTMENT AND COMPENSATION.—The 

9 Chairman, in accordance with rules agreed upon by 

10 the Board, shall appoint and fix the compensation of 

11 an executive director and such other personnel as 

12 may be necessary to enable the Board to carry out 

13 its functions, without regard to the provisions of 

14 title 5, United States Code, governing appointments 

15 in the competitive service, and without regard to the 

16 provisions of chapter 51 and subchapter III of chap17 ter 53 of such title relating to classification and 

18 General Schedule pay rates, except that no rate of 

19 pay fixed under this subsection may exceed the 

20 equivalent of that payable for a position at level V 

21 of the Executive Schedule under section 5316 of title 

22 5, United States Code. 

23 (2) DETAILEES.—Any Federal employee may 

24 be detailed to the Board without reimbursement 

25 from the Board, and such detailee shall retain the 
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1 rights, status, and privileges of the detailee’s regular 

2 employment without interruption. 

3 (3) CONSULTANT SERVICES.—The Board may 

4 procure the temporary or intermittent services of ex5 perts and consultants in accordance with section 

6 3109 of title 5, United States Code, at rates that do 

7 not exceed the daily rate paid a person occupying a 

8 position at level IV of the Executive Schedule under 

9 section 5315 of such title. 

10 (k) SECURITY CLEARANCES.—The appropriate Fed11 eral executive departments and agencies shall cooperate 

12 with the Board to expeditiously provide the Board mem13 bers and staff with appropriate security clearances to the 

14 extent possible under existing procedures and require15 ments, except that no person shall be provided with access 

16 to classified information under this section without the ap17 propriate security clearances. 

18 (l) TREATMENT AS AGENCY, NOT AS ADVISORY COM19 MITTEE.—The Board— 

20 (1) is an agency (as defined in section 551(1) 

21 of title 5, United States Code); and 

22 (2) is not an advisory committee (as defined in 

23 section 3(2) of the Federal Advisory Committee Act 

24 (5 U.S.C. App.)). 
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1 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 SEC. 902. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

5 (a) DESIGNATION AND FUNCTIONS.—The Attorney 

6 General, Secretary of Defense, Secretary of Homeland Se7 curity, Secretary of State, Secretary of the Treasury, Sec8 retary of Health and Human Services, National Intel9 ligence Director, Director of the Central Intelligence 

10 Agency, and the head of any other executive department 

11 or agency designated by the Privacy and Civil Liberties 

12 Oversight Board to be appropriate for coverage under this 

13 section shall designate not less than 1 senior officer to— 

14 (1) assist the department or agency head and 

15 other department or agency officials in appropriately 

16 considering privacy and civil liberties concerns when 

17 such officials are proposing, developing, or imple18 menting laws, regulations, policies, procedures, or 

19 guidelines related to efforts to protect the Nation 

20 against terrorism; 

21 (2) periodically investigate and review depart22 ment or agency actions, policies, procedures, guide23 lines, and related laws and their implementation to 

24 ensure that the department or agency is adequately 

25 considering privacy and civil liberties in its actions; 
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1 (3) ensure that the department or agency has 

2 adequate procedures to receive, investigate, and re3 spond to complaints from individuals who allege the 

4 department or agency has violated their privacy or 

5 civil liberties; and 

6 (4) in providing advice on proposals to retain or 

7 enhance a particular governmental power the officer 

8 shall consider whether the department or agency has 

9 explained— 

10 (i) that the power actually materially 

11 enhances security; and 

12 (ii) that there is adequate supervision 

13 of the department’s or agency’s use of the 

14 power to ensure protection of civil liberties. 

15 (b) EXCEPTION TO DESIGNATION AUTHORITY.— 

16 (1) PRIVACY OFFICERS.—In any department or 

17 agency referenced in subsection (a) or designated by 

18 the Board, which has a statutorily created privacy 

19 officer, such officer shall perform the functions spec20 ified in subsection (a) with respect to privacy. 

21 (2) CIVIL LIBERTIES OFFICERS.—In any de22 partment or agency referenced in subsection (a) or 

23 designated by the Board, which has a statutorily 

24 created civil liberties officer, such officer shall per-
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1 form the functions specified in subsection (a) with 

2 respect to civil liberties. 

3 (c) SUPERVISION AND COORDINATION.—Each pri4 vacy or civil liberties officer described in subsection (a) 

5 or (b) shall— 

6 (1) report directly to the department or agency 

7 head; and 

8 (2) coordinate their activities with the Inspector 

9 General of the agency to avoid duplication of effort. 

10 (d) AGENCY COOPERATION.—Each department or 

11 agency head shall ensure that each privacy and civil lib12 erties officer— 

13 (1) has the information and material necessary 

14 to fulfill the officer’s functions; 

15 (2) is advised of proposed policy changes; 

16 (3) is consulted by decision makers; and 

17 (4) is given access to material and personnel 

18 the officer determines to be necessary to carry out 

19 the officer’s functions. 

20 (e) PERIODIC REPORTS.— 

21 (1) IN GENERAL.—The privacy and civil lib22 erties officers of each department or agency ref23 erenced or designated under subsection (a) shall pe24 riodically, but not less than quarterly, submit a re25 port on the officers’ activities to Congress, the de-
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1 partment or agency head, and the Privacy and Civil 

2 Liberties Oversight Board. 

3 (2) CONTENTS.—Each report submitted under 

4 paragraph (1) shall include information on the dis5 charge of each of the officer’s functions, including— 

6 (A) information on the number and types 

7 of reviews undertaken; 

8 (B) the type of advice provided and the re9 sponse given to such advice; 

10 (C) the number and nature of the com11 plaints received by the agency for alleged viola12 tions; and 

13 (D) a summary of the disposition of such 

14 complaints, the reviews and inquiries conducted, 

15 and the impact of the officer’s activities. 
Calendar No. 692 

108TH CONGRESS 

2D SESSION S. 2774 

A BILL 

To implement the recommendations of the National 

Commission on Terrorist Attacks Upon the United States, and for other purposes. 

SEPTEMBER 8, 2004 

Read the second time and placed on the calendar