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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2845 Enrolled Bill (ENR)]

        S.2845

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
     To reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and for 
                             other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Reform and Terrorism Prevention Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

              TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

Sec. 1001. Short title.

     Subtitle A--Establishment of Director of National Intelligence

Sec. 1011. Reorganization and improvement of management of intelligence 
          community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between 
          Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of Director of National Intelligence in appointment of 
          certain officials responsible for intelligence-related 
          activities.
Sec. 1015. Executive Schedule matters.
Sec. 1016. Information sharing.
Sec. 1017. Alternative analysis of intelligence by the intelligence 
          community.
Sec. 1018. Presidential guidelines on implementation and preservation of 
          authorities.
Sec. 1019. Assignment of responsibilities relating to analytic 
          integrity.
Sec. 1020. Safeguard of objectivity in intelligence analysis.

     Subtitle B--National Counterterrorism Center, National Counter 
         Proliferation Center, and National Intelligence Centers

Sec. 1021. National Counterterrorism Center.
Sec. 1022. National Counter Proliferation Center.
Sec. 1023. National intelligence centers.

            Subtitle C--Joint Intelligence Community Council

Sec. 1031. Joint Intelligence Community Council.

   Subtitle D--Improvement of Education for the Intelligence Community

Sec. 1041. Additional education and training requirements.
Sec. 1042. Cross-disciplinary education and training.
Sec. 1043. Intelligence Community Scholarship Program.

     Subtitle E--Additional Improvements of Intelligence Activities

Sec. 1051. Service and national laboratories and the intelligence 
          community.
Sec. 1052. Open-source intelligence.
Sec. 1053. National Intelligence Reserve Corps.

                 Subtitle F--Privacy and Civil Liberties

Sec. 1061. Privacy and Civil Liberties Oversight Board.
Sec. 1062. Sense of Congress on designation of privacy and civil 
          liberties officers.

               Subtitle G--Conforming and Other Amendments

Sec. 1071. Conforming amendments relating to roles of Director of 
          National Intelligence and Director of the Central Intelligence 
          Agency.
Sec. 1072. Other conforming amendments.
Sec. 1073. Elements of intelligence community under National Security 
          Act of 1947.
Sec. 1074. Redesignation of National Foreign Intelligence Program as 
          National Intelligence Program.
Sec. 1075. Repeal of superseded authority.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service of 
          the Director of the Central Intelligence Agency.
Sec. 1078. Authority to establish inspector general for the Office of 
          the Director of National Intelligence.
Sec. 1079. Ethics matters.
Sec. 1080. Construction of authority of Director of National 
          Intelligence to acquire and manage property and services.
Sec. 1081. General references.

   Subtitle H--Transfer, Termination, Transition, and Other Provisions

Sec. 1091. Transfer of Community Management Staff.
Sec. 1092. Transfer of Terrorist Threat Integration Center.
Sec. 1093. Termination of positions of Assistant Directors of Central 
          Intelligence.
Sec. 1094. Implementation plan.
Sec. 1095. Director of National Intelligence report on implementation of 
          intelligence community reform.
Sec. 1096. Transitional authorities.
Sec. 1097. Effective dates.

                        Subtitle I--Other Matters

Sec. 1101. Study of promotion and professional military education school 
          selection rates for military intelligence officers.
Sec. 1102. Extension and improvement of authorities of Public Interest 
          Declassification Board.
Sec. 1103. Severability.

                TITLE II--FEDERAL BUREAU OF INVESTIGATION

Sec. 2001. Improvement of intelligence capabilities of the Federal 
          Bureau of Investigation.
Sec. 2002. Directorate of Intelligence of the Federal Bureau of 
          Investigation.
Sec. 2003. Federal Bureau of Investigation intelligence career service.
Sec. 2004. Federal Bureau of Investigation Reserve Service.
Sec. 2005. Federal Bureau of Investigation mandatory separation age.
Sec. 2006. Federal Bureau of Investigation use of translators.

                     TITLE III--SECURITY CLEARANCES

Sec. 3001. Security clearances.

                    TITLE IV--TRANSPORTATION SECURITY

        Subtitle A--National Strategy for Transportation Security

Sec. 4001. National Strategy for Transportation Security.

                      Subtitle B--Aviation Security

Sec. 4011. Provision for the use of biometric or other technology.
Sec. 4012. Advanced airline passenger prescreening.
Sec. 4013. Deployment and use of detection equipment at airport 
          screening checkpoints.
Sec. 4014. Advanced airport checkpoint screening devices.
Sec. 4015. Improvement of screener job performance.
Sec. 4016. Federal air marshals.
Sec. 4017. International agreements to allow maximum deployment of 
          Federal air marshals.
Sec. 4018. Foreign air marshal training.
Sec. 4019. In-line checked baggage screening.
Sec. 4020. Checked baggage screening area monitoring.
Sec. 4021. Wireless communication.
Sec. 4022. Improved pilot licenses.
Sec. 4023. Aviation security staffing.
Sec. 4024. Improved explosive detection systems.
Sec. 4025. Prohibited items list.
Sec. 4026. Man-Portable Air Defense Systems (MANPADs).
Sec. 4027. Technical corrections.
Sec. 4028. Report on secondary flight deck barriers.
Sec. 4029. Extension of authorization of aviation security funding.

                     Subtitle C--Air Cargo Security

Sec. 4051. Pilot program to evaluate use of blast resistant cargo and 
          baggage containers.
Sec. 4052. Air cargo security.
Sec. 4053. Air cargo security regulations.
Sec. 4054. Report on international air cargo threats.

                      Subtitle D--Maritime Security

Sec. 4071. Watch lists for passengers aboard vessels.
Sec. 4072. Deadlines for completion of certain plans, reports, and 
          assessments.

                     Subtitle E--General Provisions

Sec. 4081. Definitions.
Sec. 4082. Effective date.

        TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS

 Subtitle A--Advanced Technology Northern Border Security Pilot Program

Sec. 5101. Establishment.
Sec. 5102. Program requirements.
Sec. 5103. Administrative provisions.
Sec. 5104. Report.
Sec. 5105. Authorization of appropriations.

             Subtitle B--Border and Immigration Enforcement

Sec. 5201. Border surveillance.
Sec. 5202. Increase in full-time Border Patrol agents.
Sec. 5203. Increase in full-time immigration and customs enforcement 
          investigators.
Sec. 5204. Increase in detention bed space.

                      Subtitle C--Visa Requirements

Sec. 5301. In person interviews of visa applicants.
Sec. 5302. Visa application requirements.
Sec. 5303. Effective date.
Sec. 5304. Revocation of visas and other travel documentation.

                     Subtitle D--Immigration Reform

Sec. 5401. Bringing in and harboring certain aliens.
Sec. 5402. Deportation of aliens who have received military-type 
          training from terrorist organizations.
Sec. 5403. Study and report on terrorists in the asylum system.

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

Sec. 5501. Inadmissibility and deportability of aliens who have 
          committed acts of torture or extrajudicial killings abroad.
Sec. 5502. Inadmissibility and deportability of foreign government 
          officials who have committed particularly severe violations of 
          religious freedom.
Sec. 5503. Waiver of inadmissibility.
Sec. 5504. Bar to good moral character for aliens who have committed 
          acts of torture, extrajudicial killings, or severe violations 
          of religious freedom.
Sec. 5505. Establishment of the Office of Special Investigations.
Sec. 5506. Report on implementation.

                     TITLE VI--TERRORISM PREVENTION

      Subtitle A--Individual Terrorists as Agents of Foreign Powers

Sec. 6001. Individual terrorists as agents of foreign powers.
Sec. 6002. Additional semiannual reporting requirements under the 
          Foreign Intelligence Surveillance Act of 1978.

          Subtitle B--Money Laundering and Terrorist Financing

Sec. 6101. Additional authorization for finCEN.
Sec. 6102. Money laundering and financial crimes strategy 
          reauthorization.

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

Sec. 6201. Short title.
Sec. 6202. Technical corrections to Public Law 107-56.
Sec. 6203. Technical corrections to other provisions of law.
Sec. 6204. Repeal of review.
Sec. 6205. Effective date.

                Subtitle D--Additional Enforcement Tools

Sec. 6301. Bureau of Engraving and Printing security printing.
Sec. 6302. Reporting of certain cross-border transmittal of funds.
Sec. 6303. Terrorism financing.

             Subtitle E--Criminal History Background Checks

Sec. 6401. Protect Act.
Sec. 6402. Reviews of criminal records of applicants for private 
          security officer employment.
Sec. 6403. Criminal history background checks.

               Subtitle F--Grand Jury Information Sharing

Sec. 6501. Grand jury information sharing.

           Subtitle G--Providing Material Support to Terrorism

Sec. 6601. Short title.
Sec. 6602. Receiving military-type training from a foreign terrorist 
          organization.
Sec. 6603. Additions to offense of providing material support to 
          terrorism.
Sec. 6604. Financing of terrorism.

       Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004

Sec. 6701. Short title.
Sec. 6702. Hoaxes and recovery costs.
Sec. 6703. Obstruction of justice and false statements in terrorism 
          cases.
Sec. 6704. Clarification of definition.

 Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of 
                                  2004

Sec. 6801. Short title.
Sec. 6802. Weapons of mass destruction.
Sec. 6803. Participation in nuclear and weapons of mass destruction 
          threats to the United States.

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

Sec. 6901. Short title.
Sec. 6902. Findings and purpose.
Sec. 6903. Missile systems designed to destroy aircraft.
Sec. 6904. Atomic weapons.
Sec. 6905. Radiological dispersal devices.
Sec. 6906. Variola virus.
Sec. 6907. Interception of communications.
Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United 
          States Code.
Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United 
          States Code.
Sec. 6910. Export licensing process.
Sec. 6911. Clerical amendments.

              Subtitle K--Pretrial Detention of Terrorists

Sec. 6951. Short title.
Sec. 6952. Presumption for pretrial detention in cases involving 
          terrorism.

      TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

Sec. 7001. Short title.

   Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on 
                                Terrorism

Sec. 7101. Findings.
Sec. 7102. Terrorist sanctuaries.
Sec. 7103. United States commitment to the future of Pakistan.
Sec. 7104. Assistance for Afghanistan.
Sec. 7105. The relationship between the United States and Saudi Arabia.
Sec. 7106. Efforts to combat Islamist terrorism.
Sec. 7107. United States policy toward dictatorships.
Sec. 7108. Promotion of free media and other American values.
Sec. 7109. Public diplomacy responsibilities of the Department of State.
Sec. 7110. Public diplomacy training.
Sec. 7111. Promoting democracy and human rights at international 
          organizations.
Sec. 7112. Expansion of United States scholarship and exchange programs 
          in the Islamic world.
Sec. 7113. Pilot program to provide grants to American-sponsored schools 
          in predominantly Muslim countries to provide scholarships.
Sec. 7114. International Youth Opportunity Fund.
Sec. 7115. The use of economic policies to combat terrorism.
Sec. 7116. Middle East partnership initiative.
Sec. 7117. Comprehensive coalition strategy for fighting terrorism.
Sec. 7118. Financing of terrorism.
Sec. 7119. Designation of foreign terrorist organizations.
Sec. 7120. Report to Congress.
Sec. 7121. Case-Zablocki Act requirements.
Sec. 7122. Effective date.

          Subtitle B--Terrorist Travel and Effective Screening

Sec. 7201. Counterterrorist travel intelligence.
Sec. 7202. Establishment of human smuggling and trafficking center.
Sec. 7203. Responsibilities and functions of consular officers.
Sec. 7204. International agreements to track and curtail terrorist 
          travel through the use of fraudulently obtained documents.
Sec. 7205. International standards for transliteration of names into the 
          Roman alphabet for international travel documents and name-
          based watchlist systems.
Sec. 7206. Immigration security initiative.
Sec. 7207. Certification regarding technology for visa waiver 
          participants.
Sec. 7208. Biometric entry and exit data system.
Sec. 7209. Travel documents.
Sec. 7210. Exchange of terrorist information and increased preinspection 
          at foreign airports.
Sec. 7211. Minimum standards for birth certificates.
Sec. 7212. Driver's licenses and personal identification cards.
Sec. 7213. Social security cards and numbers.
Sec. 7214. Prohibition of the display of social security account numbers 
          on driver's licenses or motor vehicle registrations.
Sec. 7215. Terrorist travel program.
Sec. 7216. Increase in penalties for fraud and related activity.
Sec. 7217. Study on allegedly lost or stolen passports.
Sec. 7218. Establishment of visa and passport security program in the 
          Department of State.
Sec. 7219. Effective date.
Sec. 7220. Identification standards.

                    Subtitle C--National Preparedness

Sec. 7301. The incident command system.
Sec. 7302. National capital region mutual aid.
Sec. 7303. Enhancement of public safety communications interoperability.
Sec. 7304. Regional model strategic plan pilot projects.
Sec. 7305. Private sector preparedness.
Sec. 7306. Critical infrastructure and readiness assessments.
Sec. 7307. Northern command and defense of the United States homeland.
Sec. 7308. Effective date.

                      Subtitle D--Homeland Security

Sec. 7401. Sense of Congress on first responder funding.
Sec. 7402. Coordination of industry efforts.
Sec. 7403. Study regarding nationwide emergency notification system.
Sec. 7404. Pilot study to move warning systems into the modern digital 
          age.
Sec. 7405. Required coordination.
Sec. 7406. Emergency preparedness compacts.
Sec. 7407. Responsibilities of counternarcotics office.
Sec. 7408. Use of counternarcotics enforcement activities in certain 
          employee performance appraisals.

                   Subtitle E--Public Safety Spectrum

Sec. 7501. Digital television conversion deadline.
Sec. 7502. Studies on telecommunications capabilities and requirements.

                   Subtitle F--Presidential Transition

Sec. 7601. Presidential transition.

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

Sec. 7701. Improving international standards and cooperation to fight 
          terrorist financing.
Sec. 7702. Definitions.
Sec. 7703. Expanded reporting and testimony requirements for the 
          Secretary of the Treasury.
Sec. 7704. Coordination of United States Government efforts.

              Subtitle H--Emergency Financial Preparedness

Sec. 7801. Delegation authority of the Secretary of the Treasury.
Sec. 7802. Treasury support for financial services industry preparedness 
          and response and consumer education.
Sec. 7803. Emergency Securities Response Act of 2004.
Sec. 7804. Private sector preparedness.

                        TITLE VIII--OTHER MATTERS

                    Subtitle A--Intelligence Matters

Sec. 8101. Intelligence community use of National Infrastructure 
          Simulation and Analysis Center.

           Subtitle B--Department of Homeland Security Matters

Sec. 8201. Homeland security geospatial information.

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

Sec. 8301. Short title.
Sec. 8302. Mission of Department of Homeland Security.
Sec. 8303. Officer for Civil Rights and Civil Liberties.
Sec. 8304. Protection of civil rights and civil liberties by Office of 
          Inspector General.
Sec. 8305. Privacy officer.
Sec. 8306. Protections for human research subjects of the Department of 
          Homeland Security.

                        Subtitle D--Other Matters

Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency 
          planning for information security needs.
Sec. 8402. Enterprise architecture.
Sec. 8403. Financial disclosure and records.
Sec. 8404. Extension of requirement for air carriers to honor tickets 
          for suspended air passenger service.

             TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``National Security Intelligence 
Reform Act of 2004''.

     Subtitle A--Establishment of Director of National Intelligence

SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE 
COMMUNITY.
    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by striking sections 102 through 104 and 
inserting the following new sections:

                   ``director of national intelligence

    ``Sec. 102. (a) Director of National Intelligence.--(1) There is a 
Director of National Intelligence who shall be appointed by the 
President, by and with the advice and consent of the Senate. Any 
individual nominated for appointment as Director of National 
Intelligence shall have extensive national security expertise.
    ``(2) The Director of National Intelligence shall not be located 
within the Executive Office of the President.
    ``(b) Principal Responsibility.--Subject to the authority, 
direction, and control of the President, the Director of National 
Intelligence shall--
        ``(1) serve as head of the intelligence community;
        ``(2) act as the principal adviser to the President, to the 
    National Security Council, and the Homeland Security Council for 
    intelligence matters related to the national security; and
        ``(3) consistent with section 1018 of the National Security 
    Intelligence Reform Act of 2004, oversee and direct the 
    implementation of the National Intelligence Program.
    ``(c) Prohibition on Dual Service.--The individual serving in the 
position of Director of National Intelligence shall not, while so 
serving, also serve as the Director of the Central Intelligence Agency 
or as the head of any other element of the intelligence community.

     ``responsibilities and authorities of the director of national 
                              intelligence

    ``Sec. 102A. (a) Provision of Intelligence.--(1) The Director of 
National Intelligence shall be responsible for ensuring that national 
intelligence is provided--
        ``(A) to the President;
        ``(B) to the heads of departments and agencies of the executive 
    branch;
        ``(C) to the Chairman of the Joint Chiefs of Staff and senior 
    military commanders;
        ``(D) to the Senate and House of Representatives and the 
    committees thereof; and
        ``(E) to such other persons as the Director of National 
    Intelligence determines to be appropriate.
    ``(2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all sources 
available to the intelligence community and other appropriate entities.
    ``(b) Access to Intelligence.--Unless otherwise directed by the 
President, the Director of National Intelligence shall have access to 
all national intelligence and intelligence related to the national 
security which is collected by any Federal department, agency, or other 
entity, except as otherwise provided by law or, as appropriate, under 
guidelines agreed upon by the Attorney General and the Director of 
National Intelligence.
    ``(c) Budget Authorities.--(1) With respect to budget requests and 
appropriations for the National Intelligence Program, the Director of 
National Intelligence shall--
        ``(A) based on intelligence priorities set by the President, 
    provide to the heads of departments containing agencies or 
    organizations within the intelligence community, and to the heads 
    of such agencies and organizations, guidance for developing the 
    National Intelligence Program budget pertaining to such agencies 
    and organizations;
        ``(B) based on budget proposals provided to the Director of 
    National Intelligence by the heads of agencies and organizations 
    within the intelligence community and the heads of their respective 
    departments and, as appropriate, after obtaining the advice of the 
    Joint Intelligence Community Council, develop and determine an 
    annual consolidated National Intelligence Program budget; and
        ``(C) present such consolidated National Intelligence Program 
    budget, together with any comments from the heads of departments 
    containing agencies or organizations within the intelligence 
    community, to the President for approval.
    ``(2) In addition to the information provided under paragraph 
(1)(B), the heads of agencies and organizations within the intelligence 
community shall provide the Director of National Intelligence such 
other information as the Director shall request for the purpose of 
determining the annual consolidated National Intelligence Program 
budget under that paragraph.
    ``(3)(A) The Director of National Intelligence shall participate in 
the development by the Secretary of Defense of the annual budgets for 
the Joint Military Intelligence Program and for Tactical Intelligence 
and Related Activities.
    ``(B) The Director of National Intelligence shall provide guidance 
for the development of the annual budget for each element of the 
intelligence community that is not within the National Intelligence 
Program.
    ``(4) The Director of National Intelligence shall ensure the 
effective execution of the annual budget for intelligence and 
intelligence-related activities.
    ``(5)(A) The Director of National Intelligence shall be responsible 
for managing appropriations for the National Intelligence Program by 
directing the allotment or allocation of such appropriations through 
the heads of the departments containing agencies or organizations 
within the intelligence community and the Director of the Central 
Intelligence Agency, with prior notice (including the provision of 
appropriate supporting information) to the head of the department 
containing an agency or organization receiving any such allocation or 
allotment or the Director of the Central Intelligence Agency.
    ``(B) Notwithstanding any other provision of law, pursuant to 
relevant appropriations Acts for the National Intelligence Program, the 
Director of the Office of Management and Budget shall exercise the 
authority of the Director of the Office of Management and Budget to 
apportion funds, at the exclusive direction of the Director of National 
Intelligence, for allocation to the elements of the intelligence 
community through the relevant host executive departments and the 
Central Intelligence Agency. Department comptrollers or appropriate 
budget execution officers shall allot, allocate, reprogram, or transfer 
funds appropriated for the National Intelligence Program in an 
expeditious manner.
    ``(C) The Director of National Intelligence shall monitor the 
implementation and execution of the National Intelligence Program by 
the heads of the elements of the intelligence community that manage 
programs and activities that are part of the National Intelligence 
Program, which may include audits and evaluations.
    ``(6) Apportionment and allotment of funds under this subsection 
shall be subject to chapter 13 and section 1517 of title 31, United 
States Code, and the Congressional Budget and Impoundment Control Act 
of 1974 (2 U.S.C. 621 et seq.).
    ``(7)(A) The Director of National Intelligence shall provide a 
semi-annual report, beginning April 1, 2005, and ending April 1, 2007, 
to the President and the Congress regarding implementation of this 
section.
    ``(B) The Director of National Intelligence shall report to the 
President and the Congress not later than 15 days after learning of any 
instance in which a departmental comptroller acts in a manner 
inconsistent with the law (including permanent statutes, authorization 
Acts, and appropriations Acts), or the direction of the Director of 
National Intelligence, in carrying out the National Intelligence 
Program.
    ``(d) Role of Director of National Intelligence in Transfer and 
Reprogramming of Funds.--(1)(A) No funds made available under the 
National Intelligence Program may be transferred or reprogrammed 
without the prior approval of the Director of National Intelligence, 
except in accordance with procedures prescribed by the Director of 
National Intelligence.
    ``(B) The Secretary of Defense shall consult with the Director of 
National Intelligence before transferring or reprogramming funds made 
available under the Joint Military Intelligence Program.
    ``(2) Subject to the succeeding provisions of this subsection, the 
Director of National Intelligence may transfer or reprogram funds 
appropriated for a program within the National Intelligence Program to 
another such program.
    ``(3) The Director of National Intelligence may only transfer or 
reprogram funds referred to in subparagraph (A)--
        ``(A) with the approval of the Director of the Office of 
    Management and Budget; and
        ``(B) after consultation with the heads of departments 
    containing agencies or organizations within the intelligence 
    community to the extent such agencies or organizations are 
    affected, and, in the case of the Central Intelligence Agency, 
    after consultation with the Director of the Central Intelligence 
    Agency.
    ``(4) The amounts available for transfer or reprogramming in the 
National Intelligence Program in any given fiscal year, and the terms 
and conditions governing such transfers and reprogrammings, are subject 
to the provisions of annual appropriations Acts and this subsection.
    ``(5)(A) A transfer or reprogramming of funds or personnel may be 
made under this subsection only if--
        ``(i) the funds are being transferred to an activity that is a 
    higher priority intelligence activity;
        ``(ii) the transfer or reprogramming supports an emergent need, 
    improves program effectiveness, or increases efficiency;
        ``(iii) the transfer or reprogramming does not involve a 
    transfer or reprogramming of funds to a Reserve for Contingencies 
    of the Director of National Intelligence or the Reserve for 
    Contingencies of the Central Intelligence Agency;
        ``(iv) the transfer or reprogramming results in a cumulative 
    transfer or reprogramming of funds out of any department or agency, 
    as appropriate, funded in the National Intelligence Program in a 
    single fiscal year--
            ``(I) that is less than $150,000,000, and
            ``(II) that is less than 5 percent of amounts available to 
        a department or agency under the National Intelligence Program; 
        and
        ``(v) the transfer or reprogramming does not terminate an 
    acquisition program.
    ``(B) A transfer or reprogramming may be made without regard to a 
limitation set forth in clause (iv) or (v) of subparagraph (A) if the 
transfer has the concurrence of the head of the department involved or 
the Director of the Central Intelligence Agency (in the case of the 
Central Intelligence Agency). The authority to provide such concurrence 
may only be delegated by the head of the department or agency involved 
to the deputy of such officer.
    ``(6) Funds transferred or reprogrammed under this subsection shall 
remain available for the same period as the appropriations account to 
which transferred or reprogrammed.
    ``(7) Any transfer or reprogramming of funds under this subsection 
shall be carried out in accordance with existing procedures applicable 
to reprogramming notifications for the appropriate congressional 
committees. Any proposed transfer or reprogramming for which notice is 
given to the appropriate congressional committees shall be accompanied 
by a report explaining the nature of the proposed transfer or 
reprogramming and how it satisfies the requirements of this subsection. 
In addition, the congressional intelligence committees shall be 
promptly notified of any transfer or reprogramming of funds made 
pursuant to this subsection in any case in which the transfer or 
reprogramming would not have otherwise required reprogramming 
notification under procedures in effect as of the date of the enactment 
of this subsection.
    ``(e) Transfer of Personnel.--(1)(A) In addition to any other 
authorities available under law for such purposes, in the first twelve 
months after establishment of a new national intelligence center, the 
Director of National Intelligence, with the approval of the Director of 
the Office of Management and Budget and in consultation with the 
congressional committees of jurisdiction referred to in subparagraph 
(B), may transfer not more than 100 personnel authorized for elements 
of the intelligence community to such center.
    ``(B) The Director of National Intelligence shall promptly provide 
notice of any transfer of personnel made pursuant to this paragraph 
to--
        ``(i) the congressional intelligence committees;
        ``(ii) the Committees on Appropriations of the Senate and the 
    House of Representatives;
        ``(iii) in the case of the transfer of personnel to or from the 
    Department of Defense, the Committees on Armed Services of the 
    Senate and the House of Representatives; and
        ``(iv) in the case of the transfer of personnel to or from the 
    Department of Justice, to the Committees on the Judiciary of the 
    Senate and the House of Representatives.
    ``(C) The Director shall include in any notice under subparagraph 
(B) an explanation of the nature of the transfer and how it satisfies 
the requirements of this subsection.
    ``(2)(A) The Director of National Intelligence, with the approval 
of the Director of the Office of Management and Budget and in 
accordance with procedures to be developed by the Director of National 
Intelligence and the heads of the departments and agencies concerned, 
may transfer personnel authorized for an element of the intelligence 
community to another such element for a period of not more than 2 
years.
    ``(B) A transfer of personnel may be made under this paragraph only 
if--
        ``(i) the personnel are being transferred to an activity that 
    is a higher priority intelligence activity; and
        ``(ii) the transfer supports an emergent need, improves program 
    effectiveness, or increases efficiency.
    ``(C) The Director of National Intelligence shall promptly provide 
notice of any transfer of personnel made pursuant to this paragraph 
to--
        ``(i) the congressional intelligence committees;
        ``(ii) in the case of the transfer of personnel to or from the 
    Department of Defense, the Committees on Armed Services of the 
    Senate and the House of Representatives; and
        ``(iii) in the case of the transfer of personnel to or from the 
    Department of Justice, to the Committees on the Judiciary of the 
    Senate and the House of Representatives.
    ``(D) The Director shall include in any notice under subparagraph 
(C) an explanation of the nature of the transfer and how it satisfies 
the requirements of this paragraph.
    ``(3) It is the sense of Congress that--
        ``(A) the nature of the national security threats facing the 
    United States will continue to challenge the intelligence community 
    to respond rapidly and flexibly to bring analytic resources to bear 
    against emerging and unforeseen requirements;
        ``(B) both the Office of the Director of National Intelligence 
    and any analytic centers determined to be necessary should be fully 
    and properly supported with appropriate levels of personnel 
    resources and that the President's yearly budget requests 
    adequately support those needs; and
        ``(C) the President should utilize all legal and administrative 
    discretion to ensure that the Director of National Intelligence and 
    all other elements of the intelligence community have the necessary 
    resources and procedures to respond promptly and effectively to 
    emerging and unforeseen national security challenges.
    ``(f) Tasking and Other Authorities.--(1)(A) The Director of 
National Intelligence shall--
        ``(i) establish objectives, priorities, and guidance for the 
    intelligence community to ensure timely and effective collection, 
    processing, analysis, and dissemination (including access by users 
    to collected data consistent with applicable law and, as 
    appropriate, the guidelines referred to in subsection (b) and 
    analytic products generated by or within the intelligence 
    community) of national intelligence;
        ``(ii) determine requirements and priorities for, and manage 
    and direct the tasking of, collection, analysis, production, and 
    dissemination of national intelligence by elements of the 
    intelligence community, including--
            ``(I) approving requirements (including those requirements 
        responding to needs provided by consumers) for collection and 
        analysis; and
            ``(II) resolving conflicts in collection requirements and 
        in the tasking of national collection assets of the elements of 
        the intelligence community; and
        ``(iii) provide advisory tasking to intelligence elements of 
    those agencies and departments not within the National Intelligence 
    Program.
    ``(B) The authority of the Director of National Intelligence under 
subparagraph (A) shall not apply--
        ``(i) insofar as the President so directs;
        ``(ii) with respect to clause (ii) of subparagraph (A), insofar 
    as the Secretary of Defense exercises tasking authority under plans 
    or arrangements agreed upon by the Secretary of Defense and the 
    Director of National Intelligence; or
        ``(iii) to the direct dissemination of information to State 
    government and local government officials and private sector 
    entities pursuant to sections 201 and 892 of the Homeland Security 
    Act of 2002 (6 U.S.C. 121, 482).
    ``(2) The Director of National Intelligence shall oversee the 
National Counterterrorism Center and may establish such other national 
intelligence centers as the Director determines necessary.
    ``(3)(A) The Director of National Intelligence shall prescribe, in 
consultation with the heads of other agencies or elements of the 
intelligence community, and the heads of their respective departments, 
personnel policies and programs applicable to the intelligence 
community that--
        ``(i) encourage and facilitate assignments and details of 
    personnel to national intelligence centers, and between elements of 
    the intelligence community;
        ``(ii) set standards for education, training, and career 
    development of personnel of the intelligence community;
        ``(iii) encourage and facilitate the recruitment and retention 
    by the intelligence community of highly qualified individuals for 
    the effective conduct of intelligence activities;
        ``(iv) ensure that the personnel of the intelligence community 
    are sufficiently diverse for purposes of the collection and 
    analysis of intelligence through the recruitment and training of 
    women, minorities, and individuals with diverse ethnic, cultural, 
    and linguistic backgrounds;
        ``(v) make service in more than one element of the intelligence 
    community a condition of promotion to such positions within the 
    intelligence community as the Director shall specify; and
        ``(vi) ensure the effective management of intelligence 
    community personnel who are responsible for intelligence community-
    wide matters.
    ``(B) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable to 
members of the uniformed services.
    ``(4) The Director of National Intelligence shall ensure compliance 
with the Constitution and laws of the United States by the Central 
Intelligence Agency and shall ensure such compliance by other elements 
of the intelligence community through the host executive departments 
that manage the programs and activities that are part of the National 
Intelligence Program.
    ``(5) The Director of National Intelligence shall ensure the 
elimination of waste and unnecessary duplication within the 
intelligence community.
    ``(6) The Director of National Intelligence shall establish 
requirements and priorities for foreign intelligence information to be 
collected under the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), and provide assistance to the Attorney General to 
ensure that information derived from electronic surveillance or 
physical searches under that Act is disseminated so it may be used 
efficiently and effectively for national intelligence purposes, except 
that the Director shall have no authority to direct or undertake 
electronic surveillance or physical search operations pursuant to that 
Act unless authorized by statute or Executive order.
    ``(7) The Director of National Intelligence shall perform such 
other functions as the President may direct.
    ``(8) Nothing in this title shall be construed as affecting the 
role of the Department of Justice or the Attorney General under the 
Foreign Intelligence Surveillance Act of 1978.
    ``(g) Intelligence Information Sharing.--(1) The Director of 
National Intelligence shall have principal authority to ensure maximum 
availability of and access to intelligence information within the 
intelligence community consistent with national security requirements. 
The Director of National Intelligence shall--
        ``(A) establish uniform security standards and procedures;
        ``(B) establish common information technology standards, 
    protocols, and interfaces;
        ``(C) ensure development of information technology systems that 
    include multi-level security and intelligence integration 
    capabilities;
        ``(D) establish policies and procedures to resolve conflicts 
    between the need to share intelligence information and the need to 
    protect intelligence sources and methods;
        ``(E) develop an enterprise architecture for the intelligence 
    community and ensure that elements of the intelligence community 
    comply with such architecture; and
        ``(F) have procurement approval authority over all enterprise 
    architecture-related information technology items funded in the 
    National Intelligence Program.
    ``(2) The President shall ensure that the Director of National 
Intelligence has all necessary support and authorities to fully and 
effectively implement paragraph (1).
    ``(3) Except as otherwise directed by the President or with the 
specific written agreement of the head of the department or agency in 
question, a Federal agency or official shall not be considered to have 
met any obligation to provide any information, report, assessment, or 
other material (including unevaluated intelligence information) to that 
department or agency solely by virtue of having provided that 
information, report, assessment, or other material to the Director of 
National Intelligence or the National Counterterrorism Center.
    ``(4) Not later than February 1 of each year, the Director of 
National Intelligence shall submit to the President and to the Congress 
an annual report that identifies any statute, regulation, policy, or 
practice that the Director believes impedes the ability of the Director 
to fully and effectively implement paragraph (1).
    ``(h) Analysis.--To ensure the most accurate analysis of 
intelligence is derived from all sources to support national security 
needs, the Director of National Intelligence shall--
        ``(1) implement policies and procedures--
            ``(A) to encourage sound analytic methods and tradecraft 
        throughout the elements of the intelligence community;
            ``(B) to ensure that analysis is based upon all sources 
        available; and
            ``(C) to ensure that the elements of the intelligence 
        community regularly conduct competitive analysis of analytic 
        products, whether such products are produced by or disseminated 
        to such elements;
        ``(2) ensure that resource allocation for intelligence analysis 
    is appropriately proportional to resource allocation for 
    intelligence collection systems and operations in order to maximize 
    analysis of all collected data;
        ``(3) ensure that differences in analytic judgment are fully 
    considered and brought to the attention of policymakers; and
        ``(4) ensure that sufficient relationships are established 
    between intelligence collectors and analysts to facilitate greater 
    understanding of the needs of analysts.
    ``(i) Protection of Intelligence Sources and Methods.--(1) The 
Director of National Intelligence shall protect intelligence sources 
and methods from unauthorized disclosure.
    ``(2) Consistent with paragraph (1), in order to maximize the 
dissemination of intelligence, the Director of National Intelligence 
shall establish and implement guidelines for the intelligence community 
for the following purposes:
        ``(A) Classification of information under applicable law, 
    Executive orders, or other Presidential directives.
        ``(B) Access to and dissemination of intelligence, both in 
    final form and in the form when initially gathered.
        ``(C) Preparation of intelligence products in such a way that 
    source information is removed to allow for dissemination at the 
    lowest level of classification possible or in unclassified form to 
    the extent practicable.
    ``(3) The Director may only delegate a duty or authority given the 
Director under this subsection to the Principal Deputy Director of 
National Intelligence.
    ``(j) Uniform Procedures for Sensitive Compartmented Information.--
The Director of National Intelligence, subject to the direction of the 
President, shall--
        ``(1) establish uniform standards and procedures for the grant 
    of access to sensitive compartmented information to any officer or 
    employee of any agency or department of the United States and to 
    employees of contractors of those agencies or departments;
        ``(2) ensure the consistent implementation of those standards 
    and procedures throughout such agencies and departments;
        ``(3) ensure that security clearances granted by individual 
    elements of the intelligence community are recognized by all 
    elements of the intelligence community, and under contracts entered 
    into by those agencies; and
        ``(4) ensure that the process for investigation and 
    adjudication of an application for access to sensitive 
    compartmented information is performed in the most expeditious 
    manner possible consistent with applicable standards for national 
    security.
    ``(k) Coordination With Foreign Governments.--Under the direction 
of the President and in a manner consistent with section 207 of the 
Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of National 
Intelligence shall oversee the coordination of the relationships 
between elements of the intelligence community and the intelligence or 
security services of foreign governments or international organizations 
on all matters involving intelligence related to the national security 
or involving intelligence acquired through clandestine means.
    ``(l) Enhanced Personnel Management.--(1)(A) The Director of 
National Intelligence shall, under regulations prescribed by the 
Director, provide incentives for personnel of elements of the 
intelligence community to serve--
        ``(i) on the staff of the Director of National Intelligence;
        ``(ii) on the staff of the national intelligence centers;
        ``(iii) on the staff of the National Counterterrorism Center; 
    and
        ``(iv) in other positions in support of the intelligence 
    community management functions of the Director.
    ``(B) Incentives under subparagraph (A) may include financial 
incentives, bonuses, and such other awards and incentives as the 
Director considers appropriate.
    ``(2)(A) Notwithstanding any other provision of law, the personnel 
of an element of the intelligence community who are assigned or 
detailed under paragraph (1)(A) to service under the Director of 
National Intelligence shall be promoted at rates equivalent to or 
better than personnel of such element who are not so assigned or 
detailed.
    ``(B) The Director may prescribe regulations to carry out this 
section.
    ``(3)(A) The Director of National Intelligence shall prescribe 
mechanisms to facilitate the rotation of personnel of the intelligence 
community through various elements of the intelligence community in the 
course of their careers in order to facilitate the widest possible 
understanding by such personnel of the variety of intelligence 
requirements, methods, users, and capabilities.
    ``(B) The mechanisms prescribed under subparagraph (A) may include 
the following:
        ``(i) The establishment of special occupational categories 
    involving service, over the course of a career, in more than one 
    element of the intelligence community.
        ``(ii) The provision of rewards for service in positions 
    undertaking analysis and planning of operations involving two or 
    more elements of the intelligence community.
        ``(iii) The establishment of requirements for education, 
    training, service, and evaluation for service involving more than 
    one element of the intelligence community.
    ``(C) It is the sense of Congress that the mechanisms prescribed 
under this subsection should, to the extent practical, seek to 
duplicate for civilian personnel within the intelligence community the 
joint officer management policies established by chapter 38 of title 
10, United States Code, and the other amendments made by title IV of 
the Goldwater-Nichols Department of Defense Reorganization Act of 1986 
(Public Law 99-433).
    ``(4)(A) Except as provided in subparagraph (B) and subparagraph 
(D), this subsection shall not apply with respect to personnel of the 
elements of the intelligence community who are members of the uniformed 
services.
    ``(B) Mechanisms that establish requirements for education and 
training pursuant to paragraph (3)(B)(iii) may apply with respect to 
members of the uniformed services who are assigned to an element of the 
intelligence community funded through the National Intelligence 
Program, but such mechanisms shall not be inconsistent with personnel 
policies and education and training requirements otherwise applicable 
to members of the uniformed services.
    ``(C) The personnel policies and programs developed and implemented 
under this subsection with respect to law enforcement officers (as that 
term is defined in section 5541(3) of title 5, United States Code) 
shall not affect the ability of law enforcement entities to conduct 
operations or, through the applicable chain of command, to control the 
activities of such law enforcement officers.
    ``(D) Assignment to the Office of the Director of National 
Intelligence of commissioned officers of the Armed Forces shall be 
considered a joint-duty assignment for purposes of the joint officer 
management policies prescribed by chapter 38 of title 10, United States 
Code, and other provisions of that title.
    ``(m) Additional Authority With Respect to Personnel.--(1) In 
addition to the authorities under subsection (f)(3), the Director of 
National Intelligence may exercise with respect to the personnel of the 
Office of the Director of National Intelligence any authority of the 
Director of the Central Intelligence Agency with respect to the 
personnel of the Central Intelligence Agency under the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment of this 
subsection to the same extent, and subject to the same conditions and 
limitations, that the Director of the Central Intelligence Agency may 
exercise such authority with respect to personnel of the Central 
Intelligence Agency.
    ``(2) Employees and applicants for employment of the Office of the 
Director of National Intelligence shall have the same rights and 
protections under the Office of the Director of National Intelligence 
as employees of the Central Intelligence Agency have under the Central 
Intelligence Agency Act of 1949, and other applicable provisions of 
law, as of the date of the enactment of this subsection.
    ``(n) Acquisition Authorities.--(1) In carrying out the 
responsibilities and authorities under this section, the Director of 
National Intelligence may exercise the acquisition and appropriations 
authorities referred to in the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403a et seq.) other than the authorities referred to in 
section 8(b) of that Act (50 U.S.C. 403j(b)).
    ``(2) For the purpose of the exercise of any authority referred to 
in paragraph (1), a reference to the head of an agency shall be deemed 
to be a reference to the Director of National Intelligence or the 
Principal Deputy Director of National Intelligence.
    ``(3)(A) Any determination or decision to be made under an 
authority referred to in paragraph (1) by the head of an agency may be 
made with respect to individual purchases and contracts or with respect 
to classes of purchases or contracts, and shall be final.
    ``(B) Except as provided in subparagraph (C), the Director of 
National Intelligence or the Principal Deputy Director of National 
Intelligence may, in such official's discretion, delegate to any 
officer or other official of the Office of the Director of National 
Intelligence any authority to make a determination or decision as the 
head of the agency under an authority referred to in paragraph (1).
    ``(C) The limitations and conditions set forth in section 3(d) of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d)) shall 
apply to the exercise by the Director of National Intelligence of an 
authority referred to in paragraph (1).
    ``(D) Each determination or decision required by an authority 
referred to in the second sentence of section 3(d) of the Central 
Intelligence Agency Act of 1949 shall be based upon written findings 
made by the official making such determination or decision, which 
findings shall be final and shall be available within the Office of the 
Director of National Intelligence for a period of at least six years 
following the date of such determination or decision.
    ``(o) Consideration of Views of Elements of Intelligence 
Community.--In carrying out the duties and responsibilities under this 
section, the Director of National Intelligence shall take into account 
the views of a head of a department containing an element of the 
intelligence community and of the Director of the Central Intelligence 
Agency.
    ``(p) Responsibility of Director of National Intelligence Regarding 
National Intelligence Program Budget Concerning the Department of 
Defense.--Subject to the direction of the President, the Director of 
National Intelligence shall, after consultation with the Secretary of 
Defense, ensure that the National Intelligence Program budgets for the 
elements of the intelligence community that are within the Department 
of Defense are adequate to satisfy the national intelligence needs of 
the Department of Defense, including the needs of the Chairman of the 
Joint Chiefs of Staff and the commanders of the unified and specified 
commands, and wherever such elements are performing Government-wide 
functions, the needs of other Federal departments and agencies.
    ``(q) Acquisitions of Major Systems.--(1) For each intelligence 
program within the National Intelligence Program for the acquisition of 
a major system, the Director of National Intelligence shall--
        ``(A) require the development and implementation of a program 
    management plan that includes cost, schedule, and performance goals 
    and program milestone criteria, except that with respect to 
    Department of Defense programs the Director shall consult with the 
    Secretary of Defense;
        ``(B) serve as exclusive milestone decision authority, except 
    that with respect to Department of Defense programs the Director 
    shall serve as milestone decision authority jointly with the 
    Secretary of Defense or the designee of the Secretary; and
        ``(C) periodically--
            ``(i) review and assess the progress made toward the 
        achievement of the goals and milestones established in such 
        plan; and
            ``(ii) submit to Congress a report on the results of such 
        review and assessment.
    ``(2) If the Director of National Intelligence and the Secretary of 
Defense are unable to reach an agreement on a milestone decision under 
paragraph (1)(B), the President shall resolve the conflict.
    ``(3) Nothing in this subsection may be construed to limit the 
authority of the Director of National Intelligence to delegate to any 
other official any authority to perform the responsibilities of the 
Director under this subsection.
    ``(4) In this subsection:
        ``(A) The term `intelligence program', with respect to the 
    acquisition of a major system, means a program that--
            ``(i) is carried out to acquire such major system for an 
        element of the intelligence community; and
            ``(ii) is funded in whole out of amounts available for the 
        National Intelligence Program.
        ``(B) The term `major system' has the meaning given such term 
    in section 4(9) of the Federal Property and Administrative Services 
    Act of 1949 (41 U.S.C. 403(9)).
    ``(r) Performance of Common Services.--The Director of National 
Intelligence shall, in consultation with the heads of departments and 
agencies of the United States Government containing elements within the 
intelligence community and with the Director of the Central 
Intelligence Agency, coordinate the performance by the elements of the 
intelligence community within the National Intelligence Program of such 
services as are of common concern to the intelligence community, which 
services the Director of National Intelligence determines can be more 
efficiently accomplished in a consolidated manner.

            ``office of the director of national intelligence

    ``Sec. 103. (a) Office of Director of National Intelligence.--There 
is an Office of the Director of National Intelligence.
    ``(b) Function.--The function of the Office of the Director of 
National Intelligence is to assist the Director of National 
Intelligence in carrying out the duties and responsibilities of the 
Director under this Act, the National Security Act of 1947 (50 U.S.C. 
401 et seq.), and other applicable provisions of law, and to carry out 
such other duties as may be prescribed by the President or by law.
    ``(c) Composition.--The Office of the Director of National 
Intelligence is composed of the following:
        ``(1) The Director of National Intelligence.
        ``(2) The Principal Deputy Director of National Intelligence.
        ``(3) Any Deputy Director of National Intelligence appointed 
    under section 103A.
        ``(4) The National Intelligence Council.
        ``(5) The General Counsel.
        ``(6) The Civil Liberties Protection Officer.
        ``(7) The Director of Science and Technology.
        ``(8) The National Counterintelligence Executive (including the 
    Office of the National Counterintelligence Executive).
        ``(9) Such other offices and officials as may be established by 
    law or the Director may establish or designate in the Office, 
    including national intelligence centers.
    ``(d) Staff.--(1) To assist the Director of National Intelligence 
in fulfilling the duties and responsibilities of the Director, the 
Director shall employ and utilize in the Office of the Director of 
National Intelligence a professional staff having an expertise in 
matters relating to such duties and responsibilities, and may establish 
permanent positions and appropriate rates of pay with respect to that 
staff.
    ``(2) The staff of the Office of the Director of National 
Intelligence under paragraph (1) shall include the staff of the Office 
of the Deputy Director of Central Intelligence for Community Management 
that is transferred to the Office of the Director of National 
Intelligence under section 1091 of the National Security Intelligence 
Reform Act of 2004.
    ``(e) Limitation on Co-Location With Other Elements of Intelligence 
Community.--Commencing as of October 1, 2008, the Office of the 
Director of National Intelligence may not be co-located with any other 
element of the intelligence community.

               ``deputy directors of national intelligence

    ``Sec. 103A. (a) Principal Deputy Director of National 
Intelligence.--(1) There is a Principal Deputy Director of National 
Intelligence who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    ``(2) In the event of a vacancy in the position of Principal Deputy 
Director of National Intelligence, the Director of National 
Intelligence shall recommend to the President an individual for 
appointment as Principal Deputy Director of National Intelligence.
    ``(3) Any individual nominated for appointment as Principal Deputy 
Director of National Intelligence shall have extensive national 
security experience and management expertise.
    ``(4) The individual serving as Principal Deputy Director of 
National Intelligence shall not, while so serving, serve in any 
capacity in any other element of the intelligence community.
    ``(5) The Principal Deputy Director of National Intelligence shall 
assist the Director of National Intelligence in carrying out the duties 
and responsibilities of the Director.
    ``(6) The Principal Deputy Director of National Intelligence shall 
act for, and exercise the powers of, the Director of National 
Intelligence during the absence or disability of the Director of 
National Intelligence or during a vacancy in the position of Director 
of National Intelligence.
    ``(b) Deputy Directors of National Intelligence.--(1) There may be 
not more than four Deputy Directors of National Intelligence who shall 
be appointed by the Director of National Intelligence.
    ``(2) Each Deputy Director of National Intelligence appointed under 
this subsection shall have such duties, responsibilities, and 
authorities as the Director of National Intelligence may assign or are 
specified by law.
    ``(c) Military Status of Director of National Intelligence and 
Principal Deputy Director of National Intelligence.--(1) Not more than 
one of the individuals serving in the positions specified in paragraph 
(2) may be a commissioned officer of the Armed Forces in active status.
    ``(2) The positions referred to in this paragraph are the 
following:
        ``(A) The Director of National Intelligence.
        ``(B) The Principal Deputy Director of National Intelligence.
    ``(3) It is the sense of Congress that, under ordinary 
circumstances, it is desirable that one of the individuals serving in 
the positions specified in paragraph (2)--
        ``(A) be a commissioned officer of the Armed Forces, in active 
    status; or
        ``(B) have, by training or experience, an appreciation of 
    military intelligence activities and requirements.
    ``(4) A commissioned officer of the Armed Forces, while serving in 
a position specified in paragraph (2)--
        ``(A) shall not be subject to supervision or control by the 
    Secretary of Defense or by any officer or employee of the 
    Department of Defense;
        ``(B) shall not exercise, by reason of the officer's status as 
    a commissioned officer, any supervision or control with respect to 
    any of the military or civilian personnel of the Department of 
    Defense except as otherwise authorized by law; and
        ``(C) shall not be counted against the numbers and percentages 
    of commissioned officers of the rank and grade of such officer 
    authorized for the military department of that officer.
    ``(5) Except as provided in subparagraph (A) or (B) of paragraph 
(4), the appointment of an officer of the Armed Forces to a position 
specified in paragraph (2) shall not affect the status, position, rank, 
or grade of such officer in the Armed Forces, or any emolument, 
perquisite, right, privilege, or benefit incident to or arising out of 
such status, position, rank, or grade.
    ``(6) A commissioned officer of the Armed Forces on active duty who 
is appointed to a position specified in paragraph (2), while serving in 
such position and while remaining on active duty, shall continue to 
receive military pay and allowances and shall not receive the pay 
prescribed for such position. Funds from which such pay and allowances 
are paid shall be reimbursed from funds available to the Director of 
National Intelligence.

                     ``national intelligence council

    ``Sec. 103B. (a) National Intelligence Council.--There is a 
National Intelligence Council.
    ``(b) Composition.--(1) The National Intelligence Council shall be 
composed of senior analysts within the intelligence community and 
substantive experts from the public and private sector, who shall be 
appointed by, report to, and serve at the pleasure of, the Director of 
National Intelligence.
    ``(2) The Director shall prescribe appropriate security 
requirements for personnel appointed from the private sector as a 
condition of service on the Council, or as contractors of the Council 
or employees of such contractors, to ensure the protection of 
intelligence sources and methods while avoiding, wherever possible, 
unduly intrusive requirements which the Director considers to be 
unnecessary for this purpose.
    ``(c) Duties and Responsibilities.--(1) The National Intelligence 
Council shall--
        ``(A) produce national intelligence estimates for the United 
    States Government, including alternative views held by elements of 
    the intelligence community and other information as specified in 
    paragraph (2);
        ``(B) evaluate community-wide collection and production of 
    intelligence by the intelligence community and the requirements and 
    resources of such collection and production; and
        ``(C) otherwise assist the Director of National Intelligence in 
    carrying out the responsibilities of the Director under section 
    102A.
    ``(2) The Director of National Intelligence shall ensure that the 
Council satisfies the needs of policymakers and other consumers of 
intelligence.
    ``(d) Service as Senior Intelligence Advisers.--Within their 
respective areas of expertise and under the direction of the Director 
of National Intelligence, the members of the National Intelligence 
Council shall constitute the senior intelligence advisers of the 
intelligence community for purposes of representing the views of the 
intelligence community within the United States Government.
    ``(e) Authority To Contract.--Subject to the direction and control 
of the Director of National Intelligence, the National Intelligence 
Council may carry out its responsibilities under this section by 
contract, including contracts for substantive experts necessary to 
assist the Council with particular assessments under this section.
    ``(f) Staff.--The Director of National Intelligence shall make 
available to the National Intelligence Council such staff as may be 
necessary to permit the Council to carry out its responsibilities under 
this section.
    ``(g) Availability of Council and Staff.--(1) The Director of 
National Intelligence shall take appropriate measures to ensure that 
the National Intelligence Council and its staff satisfy the needs of 
policymaking officials and other consumers of intelligence.
    ``(2) The Council shall be readily accessible to policymaking 
officials and other appropriate individuals not otherwise associated 
with the intelligence community.
    ``(h) Support.--The heads of the elements of the intelligence 
community shall, as appropriate, furnish such support to the National 
Intelligence Council, including the preparation of intelligence 
analyses, as may be required by the Director of National Intelligence.
    ``(i) National Intelligence Council Product.--For purposes of this 
section, the term `National Intelligence Council product' includes a 
National Intelligence Estimate and any other intelligence community 
assessment that sets forth the judgment of the intelligence community 
as a whole on a matter covered by such product.

                            ``general counsel

    ``Sec. 103C. (a) General Counsel.--There is a General Counsel of 
the Office of the Director of National Intelligence who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(b) Prohibition on Dual Service as General Counsel of Another 
Agency.--The individual serving in the position of General Counsel may 
not, while so serving, also serve as the General Counsel of any other 
department, agency, or element of the United States Government.
    ``(c) Scope of Position.--The General Counsel is the chief legal 
officer of the Office of the Director of National Intelligence.
    ``(d) Functions.--The General Counsel shall perform such functions 
as the Director of National Intelligence may prescribe.

                   ``civil liberties protection officer

    ``Sec. 103D. (a) Civil Liberties Protection Officer.--(1) Within 
the Office of the Director of National Intelligence, there is a Civil 
Liberties Protection Officer who shall be appointed by the Director of 
National Intelligence.
    ``(2) The Civil Liberties Protection Officer shall report directly 
to the Director of National Intelligence.
    ``(b) Duties.--The Civil Liberties Protection Officer shall--
        ``(1) ensure that the protection of civil liberties and privacy 
    is appropriately incorporated in the policies and procedures 
    developed for and implemented by the Office of the Director of 
    National Intelligence and the elements of the intelligence 
    community within the National Intelligence Program;
        ``(2) oversee compliance by the Office and the Director of 
    National Intelligence with requirements under the Constitution and 
    all laws, regulations, Executive orders, and implementing 
    guidelines relating to civil liberties and privacy;
        ``(3) review and assess complaints and other information 
    indicating possible abuses of civil liberties and privacy in the 
    administration of the programs and operations of the Office and the 
    Director of National Intelligence and, as appropriate, investigate 
    any such complaint or information;
        ``(4) ensure that the use of technologies sustain, and do not 
    erode, privacy protections relating to the use, collection, and 
    disclosure of personal information;
        ``(5) ensure that personal information contained in a system of 
    records subject to section 552a of title 5, United States Code 
    (popularly referred to as the `Privacy Act'), is handled in full 
    compliance with fair information practices as set out in that 
    section;
        ``(6) conduct privacy impact assessments when appropriate or as 
    required by law; and
        ``(7) perform such other duties as may be prescribed by the 
    Director of National Intelligence or specified by law.
    ``(c) Use of Agency Inspectors General.--When appropriate, the 
Civil Liberties Protection Officer may refer complaints to the Office 
of Inspector General having responsibility for the affected element of 
the department or agency of the intelligence community to conduct an 
investigation under paragraph (3) of subsection (b).

                   ``Director of Science and Technology

    ``Sec. 103E. (a) Director of Science and Technology.--There is a 
Director of Science and Technology within the Office of the Director of 
National Intelligence who shall be appointed by the Director of 
National Intelligence.
    ``(b) Requirement Relating to Appointment.--An individual appointed 
as Director of Science and Technology shall have a professional 
background and experience appropriate for the duties of the Director of 
Science and Technology.
    ``(c) Duties.--The Director of Science and Technology shall--
        ``(1) act as the chief representative of the Director of 
    National Intelligence for science and technology;
        ``(2) chair the Director of National Intelligence Science and 
    Technology Committee under subsection (d);
        ``(3) assist the Director in formulating a long-term strategy 
    for scientific advances in the field of intelligence;
        ``(4) assist the Director on the science and technology 
    elements of the budget of the Office of the Director of National 
    Intelligence; and
        ``(5) perform other such duties as may be prescribed by the 
    Director of National Intelligence or specified by law.
    ``(d) Director of National Intelligence Science and Technology 
Committee.--(1) There is within the Office of the Director of Science 
and Technology a Director of National Intelligence Science and 
Technology Committee.
    ``(2) The Committee shall be composed of the principal science 
officers of the National Intelligence Program.
    ``(3) The Committee shall--
        ``(A) coordinate advances in research and development related 
    to intelligence; and
        ``(B) perform such other functions as the Director of Science 
    and Technology shall prescribe.

                 ``national counterintelligence executive

    ``Sec. 103F. (a) National Counterintelligence Executive.--The 
National Counterintelligence Executive under section 902 of the 
Counterintelligence Enhancement Act of 2002 (title IX of Public Law 
107-306; 50 U.S.C. 402b et seq.) is a component of the Office of the 
Director of National Intelligence.
    ``(b) Duties.--The National Counterintelligence Executive shall 
perform the duties provided in the Counterintelligence Enhancement Act 
of 2002 and such other duties as may be prescribed by the Director of 
National Intelligence or specified by law.

                      ``central intelligence agency

    ``Sec. 104. (a) Central Intelligence Agency.--There is a Central 
Intelligence Agency.
    ``(b) Function.--The function of the Central Intelligence Agency is 
to assist the Director of the Central Intelligence Agency in carrying 
out the responsibilities specified in section 104A(c).

              ``director of the central intelligence agency

    ``Sec. 104A. (a) Director of Central Intelligence Agency.--There is 
a Director of the Central Intelligence Agency who shall be appointed by 
the President, by and with the advice and consent of the Senate.
    ``(b) Supervision.--The Director of the Central Intelligence Agency 
shall report to the Director of National Intelligence regarding the 
activities of the Central Intelligence Agency.
    ``(c) Duties.--The Director of the Central Intelligence Agency 
shall--
        ``(1) serve as the head of the Central Intelligence Agency; and
        ``(2) carry out the responsibilities specified in subsection 
    (d).
    ``(d) Responsibilities.--The Director of the Central Intelligence 
Agency shall--
        ``(1) collect intelligence through human sources and by other 
    appropriate means, except that the Director of the Central 
    Intelligence Agency shall have no police, subpoena, or law 
    enforcement powers or internal security functions;
        ``(2) correlate and evaluate intelligence related to the 
    national security and provide appropriate dissemination of such 
    intelligence;
        ``(3) provide overall direction for and coordination of the 
    collection of national intelligence outside the United States 
    through human sources by elements of the intelligence community 
    authorized to undertake such collection and, in coordination with 
    other departments, agencies, or elements of the United States 
    Government which are authorized to undertake such collection, 
    ensure that the most effective use is made of resources and that 
    appropriate account is taken of the risks to the United States and 
    those involved in such collection; and
        ``(4) perform such other functions and duties related to 
    intelligence affecting the national security as the President or 
    the Director of National Intelligence may direct.
    ``(e) Termination of Employment of CIA Employees.--(1) 
Notwithstanding the provisions of any other law, the Director of the 
Central Intelligence Agency may, in the discretion of the Director, 
terminate the employment of any officer or employee of the Central 
Intelligence Agency whenever the Director deems the termination of 
employment of such officer or employee necessary or advisable in the 
interests of the United States.
    ``(2) Any termination of employment of an officer or employee under 
paragraph (1) shall not affect the right of the officer or employee to 
seek or accept employment in any other department, agency, or element 
of the United States Government if declared eligible for such 
employment by the Office of Personnel Management.
    ``(f) Coordination With Foreign Governments.--Under the direction 
of the Director of National Intelligence and in a manner consistent 
with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), 
the Director of the Central Intelligence Agency shall coordinate the 
relationships between elements of the intelligence community and the 
intelligence or security services of foreign governments or 
international organizations on all matters involving intelligence 
related to the national security or involving intelligence acquired 
through clandestine means.''.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the human intelligence officers of the intelligence 
    community have performed admirably and honorably in the face of 
    great personal dangers;
        (2) during an extended period of unprecedented investment and 
    improvements in technical collection means, the human intelligence 
    capabilities of the United States have not received the necessary 
    and commensurate priorities;
        (3) human intelligence is becoming an increasingly important 
    capability to provide information on the asymmetric threats to the 
    national security of the United States;
        (4) the continued development and improvement of a robust and 
    empowered and flexible human intelligence work force is critical to 
    identifying, understanding, and countering the plans and intentions 
    of the adversaries of the United States; and
        (5) an increased emphasis on, and resources applied to, 
    enhancing the depth and breadth of human intelligence capabilities 
    of the United States intelligence community must be among the top 
    priorities of the Director of National Intelligence.
    (c) Transformation of Central Intelligence Agency.--The Director of 
the Central Intelligence Agency shall, in accordance with standards 
developed by the Director in consultation with the Director of National 
Intelligence--
        (1) enhance the analytic, human intelligence, and other 
    capabilities of the Central Intelligence Agency;
        (2) develop and maintain an effective language program within 
    the Agency;
        (3) emphasize the hiring of personnel of diverse backgrounds 
    for purposes of improving the capabilities of the Agency;
        (4) establish and maintain effective relationships between 
    human intelligence and signals intelligence within the Agency at 
    the operational level; and
        (5) achieve a more effective balance within the Agency with 
    respect to unilateral operations and liaison operations.
    (d) Report.--(1) Not later than 180 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall submit to the Director of National Intelligence and the 
congressional intelligence committees a report setting forth the 
following:
        (A) A strategy for improving the conduct of analysis (including 
    strategic analysis) by the Central Intelligence Agency, and the 
    progress of the Agency in implementing that strategy.
        (B) A strategy for improving the human intelligence and other 
    capabilities of the Agency, and the progress of the Agency in 
    implementing that strategy.
    (2)(A) The information in the report under paragraph (1) on the 
strategy referred to in paragraph (1)(B) shall--
        (i) identify the number and types of personnel required to 
    implement that strategy;
        (ii) include a plan for the recruitment, training, equipping, 
    and deployment of such personnel; and
        (iii) set forth an estimate of the costs of such activities.
    (B) If as of the date of the report under paragraph (1), a proper 
balance does not exist between unilateral operations and liaison 
operations, such report shall set forth the steps to be taken to 
achieve such balance.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
    Paragraph (5) of section 3 of the National Security Act of 1947 (50 
U.S.C. 401a) is amended to read as follows:
        ``(5) The terms `national intelligence' and `intelligence 
    related to national security' refer to all intelligence, regardless 
    of the source from which derived and including information gathered 
    within or outside the United States, that--
            ``(A) pertains, as determined consistent with any guidance 
        issued by the President, to more than one United States 
        Government agency; and
            ``(B) that involves--
                ``(i) threats to the United States, its people, 
            property, or interests;
                ``(ii) the development, proliferation, or use of 
            weapons of mass destruction; or
                ``(iii) any other matter bearing on United States 
            national or homeland security.''.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN 
DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY.
    (a) Development of Procedures.--The Director of National 
Intelligence, in consultation with the Secretary of Defense and the 
Director of the Central Intelligence Agency, shall develop joint 
procedures to be used by the Department of Defense and the Central 
Intelligence Agency to improve the coordination and deconfliction of 
operations that involve elements of both the Armed Forces and the 
Central Intelligence Agency consistent with national security and the 
protection of human intelligence sources and methods. Those procedures 
shall, at a minimum, provide the following:
        (1) Methods by which the Director of the Central Intelligence 
    Agency and the Secretary of Defense can improve communication and 
    coordination in the planning, execution, and sustainment of 
    operations, including, as a minimum--
            (A) information exchange between senior officials of the 
        Central Intelligence Agency and senior officers and officials 
        of the Department of Defense when planning for such an 
        operation commences by either organization; and
            (B) exchange of information between the Secretary and the 
        Director of the Central Intelligence Agency to ensure that 
        senior operational officials in both the Department of Defense 
        and the Central Intelligence Agency have knowledge of the 
        existence of the ongoing operations of the other.
        (2) When appropriate, in cases where the Department of Defense 
    and the Central Intelligence Agency are conducting separate 
    missions in the same geographical area, a mutual agreement on the 
    tactical and strategic objectives for the region and a clear 
    delineation of operational responsibilities to prevent conflict and 
    duplication of effort.
    (b) Implementation Report.--Not later than 180 days after the date 
of the enactment of the Act, the Director of National Intelligence 
shall submit to the congressional defense committees (as defined in 
section 101 of title 10, United States Code) and the congressional 
intelligence committees (as defined in section 3(7) of the National 
Security Act of 1947 (50 U.S.C. 401a(7))) a report describing the 
procedures established pursuant to subsection (a) and the status of the 
implementation of those procedures.
SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT OF 
CERTAIN OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES.
    Section 106 of the National Security Act of 1947 (50 U.S.C. 403-6) 
is amended by striking all after the heading and inserting the 
following:
    ``(a) Recommendation of DNI in Certain Appointments.--(1) In the 
event of a vacancy in a position referred to in paragraph (2), the 
Director of National Intelligence shall recommend to the President an 
individual for nomination to fill the vacancy.
    ``(2) Paragraph (1) applies to the following positions:
        ``(A) The Principal Deputy Director of National Intelligence.
        ``(B) The Director of the Central Intelligence Agency.
    ``(b) Concurrence of DNI in Appointments to Positions in the 
Intelligence Community.--(1) In the event of a vacancy in a position 
referred to in paragraph (2), the head of the department or agency 
having jurisdiction over the position shall obtain the concurrence of 
the Director of National Intelligence before appointing an individual 
to fill the vacancy or recommending to the President an individual to 
be nominated to fill the vacancy. If the Director does not concur in 
the recommendation, the head of the department or agency concerned may 
not fill the vacancy or make the recommendation to the President (as 
the case may be). In the case in which the Director does not concur in 
such a recommendation, the Director and the head of the department or 
agency concerned may advise the President directly of the intention to 
withhold concurrence or to make a recommendation, as the case may be.
    ``(2) Paragraph (1) applies to the following positions:
        ``(A) The Director of the National Security Agency.
        ``(B) The Director of the National Reconnaissance Office.
        ``(C) The Director of the National Geospatial-Intelligence 
    Agency.
        ``(D) The Assistant Secretary of State for Intelligence and 
    Research.
        ``(E) The Director of the Office of Intelligence of the 
    Department of Energy.
        ``(F) The Director of the Office of Counterintelligence of the 
    Department of Energy.
        ``(G) The Assistant Secretary for Intelligence and Analysis of 
    the Department of the Treasury.
        ``(H) The Executive Assistant Director for Intelligence of the 
    Federal Bureau of Investigation or any successor to that position.
        ``(I) The Assistant Secretary of Homeland Security for 
    Information Analysis.
    ``(c) Consultation With DNI in Certain Positions.--(1) In the event 
of a vacancy in a position referred to in paragraph (2), the head of 
the department or agency having jurisdiction over the position shall 
consult with the Director of National Intelligence before appointing an 
individual to fill the vacancy or recommending to the President an 
individual to be nominated to fill the vacancy.
    ``(2) Paragraph (1) applies to the following positions:
        ``(A) The Director of the Defense Intelligence Agency.
        ``(B) The Assistant Commandant of the Coast Guard for 
    Intelligence.''.

SEC. 1015. EXECUTIVE SCHEDULE MATTERS.

    (a) Executive Schedule Level I.--Section 5312 of title 5, United 
States Code, is amended by adding at the end the following new item:
        ``Director of National Intelligence.''.
    (b) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended by adding at the end the following new items:
        ``Principal Deputy Director of National Intelligence.
        ``Director of the National Counterterrorism Center.
        ``Director of the National Counter Proliferation Center.''.
    (c) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended--
        (1) by striking the item relating to the Assistant Directors of 
    Central Intelligence; and
        (2) by adding at the end the following new item:
        ``General Counsel of the Office of the National Intelligence 
    Director.''.

SEC. 1016. INFORMATION SHARING.

    (a) Definitions.--In this section:
        (1) Information sharing council.--The term ``Information 
    Sharing Council'' means the Information Systems Council established 
    by Executive Order 13356, or any successor body designated by the 
    President, and referred to under subsection (g).
        (2) Information sharing environment; ise.--The terms 
    ``information sharing environment'' and ``ISE'' mean an approach 
    that facilitates the sharing of terrorism information, which 
    approach may include any methods determined necessary and 
    appropriate for carrying out this section.
        (3) Program manager.--The term ``program manager'' means the 
    program manager designated under subsection (f).
        (4) Terrorism information.--The term ``terrorism information'' 
    means all information, whether collected, produced, or distributed 
    by intelligence, law enforcement, military, homeland security, or 
    other activities relating to--
            (A) the existence, organization, capabilities, plans, 
        intentions, vulnerabilities, means of finance or material 
        support, or activities of foreign or international terrorist 
        groups or individuals, or of domestic groups or individuals 
        involved in transnational terrorism;
            (B) threats posed by such groups or individuals to the 
        United States, United States persons, or United States 
        interests, or to those of other nations;
            (C) communications of or by such groups or individuals; or
            (D) groups or individuals reasonably believed to be 
        assisting or associated with such groups or individuals.
    (b) Information Sharing Environment.--
        (1) Establishment.--The President shall--
            (A) create an information sharing environment for the 
        sharing of terrorism information in a manner consistent with 
        national security and with applicable legal standards relating 
        to privacy and civil liberties;
            (B) designate the organizational and management structures 
        that will be used to operate and manage the ISE; and
            (C) determine and enforce the policies, directives, and 
        rules that will govern the content and usage of the ISE.
        (2) Attributes.--The President shall, through the structures 
    described in subparagraphs (B) and (C) of paragraph (1), ensure 
    that the ISE provides and facilitates the means for sharing 
    terrorism information among all appropriate Federal, State, local, 
    and tribal entities, and the private sector through the use of 
    policy guidelines and technologies. The President shall, to the 
    greatest extent practicable, ensure that the ISE provides the 
    functional equivalent of, or otherwise supports, a decentralized, 
    distributed, and coordinated environment that--
            (A) connects existing systems, where appropriate, provides 
        no single points of failure, and allows users to share 
        information among agencies, between levels of government, and, 
        as appropriate, with the private sector;
            (B) ensures direct and continuous online electronic access 
        to information;
            (C) facilitates the availability of information in a form 
        and manner that facilitates its use in analysis, investigations 
        and operations;
            (D) builds upon existing systems capabilities currently in 
        use across the Government;
            (E) employs an information access management approach that 
        controls access to data rather than just systems and networks, 
        without sacrificing security;
            (F) facilitates the sharing of information at and across 
        all levels of security;
            (G) provides directory services, or the functional 
        equivalent, for locating people and information;
            (H) incorporates protections for individuals' privacy and 
        civil liberties; and
            (I) incorporates strong mechanisms to enhance 
        accountability and facilitate oversight, including audits, 
        authentication, and access controls.
    (c) Preliminary Report.--Not later than 180 days after the date of 
the enactment of this Act, the program manager shall, in consultation 
with the Information Sharing Council--
        (1) submit to the President and Congress a description of the 
    technological, legal, and policy issues presented by the creation 
    of the ISE, and the way in which these issues will be addressed;
        (2) establish an initial capability to provide electronic 
    directory services, or the functional equivalent, to assist in 
    locating in the Federal Government intelligence and terrorism 
    information and people with relevant knowledge about intelligence 
    and terrorism information; and
        (3) conduct a review of relevant current Federal agency 
    capabilities, databases, and systems for sharing information.
    (d) Guidelines and Requirements.--As soon as possible, but in no 
event later than 270 days after the date of the enactment of this Act, 
the President shall--
        (1) leverage all ongoing efforts consistent with establishing 
    the ISE and issue guidelines for acquiring, accessing, sharing, and 
    using information, including guidelines to ensure that information 
    is provided in its most shareable form, such as by using tearlines 
    to separate out data from the sources and methods by which the data 
    are obtained;
        (2) in consultation with the Privacy and Civil Liberties 
    Oversight Board established under section 1061, issue guidelines 
    that--
            (A) protect privacy and civil liberties in the development 
        and use of the ISE; and
            (B) shall be made public, unless nondisclosure is clearly 
        necessary to protect national security; and
        (3) require the heads of Federal departments and agencies to 
    promote a culture of information sharing by--
            (A) reducing disincentives to information sharing, 
        including over-classification of information and unnecessary 
        requirements for originator approval, consistent with 
        applicable laws and regulations; and
            (B) providing affirmative incentives for information 
        sharing.
    (e) Implementation Plan Report.--Not later than one year after the 
date of the enactment of this Act, the President shall, with the 
assistance of the program manager, submit to Congress a report 
containing an implementation plan for the ISE. The report shall include 
the following:
        (1) A description of the functions, capabilities, resources, 
    and conceptual design of the ISE, including standards.
        (2) A description of the impact on enterprise architectures of 
    participating agencies.
        (3) A budget estimate that identifies the incremental costs 
    associated with designing, testing, integrating, deploying, and 
    operating the ISE.
        (4) A project plan for designing, testing, integrating, 
    deploying, and operating the ISE.
        (5) The policies and directives referred to in subsection 
    (b)(1)(C), as well as the metrics and enforcement mechanisms that 
    will be utilized.
        (6) Objective, systemwide performance measures to enable the 
    assessment of progress toward achieving the full implementation of 
    the ISE.
        (7) A description of the training requirements needed to ensure 
    that the ISE will be adequately implemented and properly utilized.
        (8) A description of the means by which privacy and civil 
    liberties will be protected in the design and operation of the ISE.
        (9) The recommendations of the program manager, in consultation 
    with the Information Sharing Council, regarding whether, and under 
    what conditions, the ISE should be expanded to include other 
    intelligence information.
        (10) A delineation of the roles of the Federal departments and 
    agencies that will participate in the ISE, including an 
    identification of the agencies that will deliver the infrastructure 
    needed to operate and manage the ISE (as distinct from individual 
    department or agency components that are part of the ISE), with 
    such delineation of roles to be consistent with--
            (A) the authority of the Director of National Intelligence 
        under this title, and the amendments made by this title, to set 
        standards for information sharing throughout the intelligence 
        community; and
            (B) the authority of the Secretary of Homeland Security and 
        the Attorney General, and the role of the Department of 
        Homeland Security and the Attorney General, in coordinating 
        with State, local, and tribal officials and the private sector.
        (11) The recommendations of the program manager, in 
    consultation with the Information Sharing Council, for a future 
    management structure for the ISE, including whether the position of 
    program manager should continue to remain in existence.
    (f) Program Manager.--
        (1) Designation.--Not later than 120 days after the date of the 
    enactment of this Act, with notification to Congress, the President 
    shall designate an individual as the program manager responsible 
    for information sharing across the Federal Government. The 
    individual designated as the program manager shall serve as program 
    manager during the two-year period beginning on the date of 
    designation under this paragraph unless sooner removed from service 
    and replaced by the President (at the President's sole discretion). 
    The program manager shall have and exercise governmentwide 
    authority.
        (2) Duties and responsibilities.--
            (A) In general.--The program manager shall, in consultation 
        with the Information Sharing Council--
                (i) plan for and oversee the implementation of, and 
            manage, the ISE;
                (ii) assist in the development of policies, procedures, 
            guidelines, rules, and standards as appropriate to foster 
            the development and proper operation of the ISE; and
                (iii) assist, monitor, and assess the implementation of 
            the ISE by Federal departments and agencies to ensure 
            adequate progress, technological consistency and policy 
            compliance; and regularly report the findings to Congress.
            (B) Content of policies, procedures, guidelines, rules, and 
        standards.--The policies, procedures, guidelines, rules, and 
        standards under subparagraph (A)(ii) shall--
                (i) take into account the varying missions and security 
            requirements of agencies participating in the ISE;
                (ii) address development, implementation, and oversight 
            of technical standards and requirements;
                (iii) take into account ongoing and planned efforts 
            that support development, implementation and management of 
            the ISE;
                (iv) address and facilitate information sharing between 
            and among departments and agencies of the intelligence 
            community, the Department of Defense, the homeland security 
            community and the law enforcement community;
                (v) address and facilitate information sharing between 
            Federal departments and agencies and State, tribal, and 
            local governments;
                (vi) address and facilitate, as appropriate, 
            information sharing between Federal departments and 
            agencies and the private sector;
                (vii) address and facilitate, as appropriate, 
            information sharing between Federal departments and 
            agencies with foreign partners and allies; and
                (viii) ensure the protection of privacy and civil 
            liberties.
    (g) Information Sharing Council.--
        (1) Establishment.--There is established an Information Sharing 
    Council that shall assist the President and the program manager in 
    their duties under this section. The Information Sharing Council 
    shall serve during the two-year period beginning on the date of the 
    initial designation of the program manager by the President under 
    subsection (f)(1), unless sooner removed from service and replaced 
    by the President (at the sole discretion of the President) with a 
    successor body.
        (2) Specific duties.--In assisting the President and the 
    program manager in their duties under this section, the Information 
    Sharing Council shall--
            (A) advise the President and the program manager in 
        developing policies, procedures, guidelines, roles, and 
        standards necessary to establish, implement, and maintain the 
        ISE;
            (B) work to ensure coordination among the Federal 
        departments and agencies participating in the ISE in the 
        establishment, implementation, and maintenance of the ISE;
            (C) identify and, as appropriate, recommend the 
        consolidation and elimination of current programs, systems, and 
        processes used by Federal departments and agencies to share 
        information, and recommend, as appropriate, the redirection of 
        existing resources to support the ISE;
            (D) identify gaps, if any, between existing technologies, 
        programs and systems used by Federal departments and agencies 
        to share information and the parameters of the proposed 
        information sharing environment;
            (E) recommend solutions to address any gaps identified 
        under subparagraph (D);
            (F) recommend means by which the ISE can be extended to 
        allow interchange of information between Federal departments 
        and agencies and appropriate authorities of State and local 
        governments; and
            (G) recommend whether or not, and by which means, the ISE 
        should be expanded so as to allow future expansion encompassing 
        other relevant categories of information.
        (3) Consultation.--In performing its duties, the Information 
    Sharing Council shall consider input from persons and entities 
    outside the Federal Government having significant experience and 
    expertise in policy, technical matters, and operational matters 
    relating to the ISE.
        (4) Inapplicability of federal advisory committee act.--The 
    Information Sharing Council shall not be subject to the 
    requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
    (h) Performance Management Reports.--
        (1) In general.--Not later than two years after the date of the 
    enactment of this Act, and annually thereafter, the President shall 
    submit to Congress a report on the state of the ISE and of 
    information sharing across the Federal Government.
        (2) Content.--Each report under this subsection shall include--
            (A) a progress report on the extent to which the ISE has 
        been implemented, including how the ISE has fared on the 
        performance measures and whether the performance goals set in 
        the preceding year have been met;
            (B) objective system-wide performance goals for the 
        following year;
            (C) an accounting of how much was spent on the ISE in the 
        preceding year;
            (D) actions taken to ensure that procurement of and 
        investments in systems and technology are consistent with the 
        implementation plan for the ISE;
            (E) the extent to which all terrorism watch lists are 
        available for combined searching in real time through the ISE 
        and whether there are consistent standards for placing 
        individuals on, and removing individuals from, the watch lists, 
        including the availability of processes for correcting errors;
            (F) the extent to which State, tribal, and local officials 
        are participating in the ISE;
            (G) the extent to which private sector data, including 
        information from owners and operators of critical 
        infrastructure, is incorporated in the ISE, and the extent to 
        which individuals and entities outside the government are 
        receiving information through the ISE;
            (H) the measures taken by the Federal government to ensure 
        the accuracy of information in the ISE, in particular the 
        accuracy of information about individuals;
            (I) an assessment of the privacy and civil liberties 
        protections of the ISE, including actions taken in the 
        preceding year to implement or enforce privacy and civil 
        liberties protections; and
            (J) an assessment of the security protections used in the 
        ISE.
    (i) Agency Responsibilities.--The head of each department or agency 
that possesses or uses intelligence or terrorism information, operates 
a system in the ISE, or otherwise participates (or expects to 
participate) in the ISE shall--
        (1) ensure full department or agency compliance with 
    information sharing policies, procedures, guidelines, rules, and 
    standards established under subsections (b) and (f);
        (2) ensure the provision of adequate resources for systems and 
    activities supporting operation of and participation in the ISE;
        (3) ensure full department or agency cooperation in the 
    development of the ISE to implement governmentwide information 
    sharing; and
        (4) submit, at the request of the President or the program 
    manager, any reports on the implementation of the requirements of 
    the ISE within such department or agency.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2005 and 2006.
SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE 
COMMUNITY.
    (a) In General.--Not later than 180 days after the effective date 
of this Act, the Director of National Intelligence shall establish a 
process and assign an individual or entity the responsibility for 
ensuring that, as appropriate, elements of the intelligence community 
conduct alternative analysis (commonly referred to as ``red-team 
analysis'') of the information and conclusions in intelligence 
products.
    (b) Report.--Not later than 270 days after the effective date of 
this Act, the Director of National Intelligence shall provide a report 
to the Select Committee on Intelligence of the Senate and the Permanent 
Select Committee of the House of Representatives on the implementation 
of subsection (a).
SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION 
OF AUTHORITIES.
    The President shall issue guidelines to ensure the effective 
implementation and execution within the executive branch of the 
authorities granted to the Director of National Intelligence by this 
title and the amendments made by this title, in a manner that respects 
and does not abrogate the statutory responsibilities of the heads of 
the departments of the United States Government concerning such 
departments, including, but not limited to:
        (1) the authority of the Director of the Office of Management 
    and Budget; and
        (2) the authority of the principal officers of the executive 
    departments as heads of their respective departments, including, 
    but not limited to, under--
            (A) section 199 of the Revised Statutes (22 U.S.C. 2651);
            (B) title II of the Department of Energy Organization Act 
        (42 U.S.C. 7131 et seq.);
            (C) the State Department Basic Authorities Act of 1956;
            (D) section 102(a) of the Homeland Security Act of 2002 (6 
        U.S.C. 112(a)); and
            (E) sections 301 of title 5, 113(b) and 162(b) of title 10, 
        503 of title 28, and 301(b) of title 31, United States Code.
SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC 
INTEGRITY.
    (a) Assignment of Responsibilities.--For purposes of carrying out 
section 102A(h) of the National Security Act of 1947 (as added by 
section 1011(a)), the Director of National Intelligence shall, not 
later than 180 days after the date of the enactment of this Act, assign 
an individual or entity to be responsible for ensuring that finished 
intelligence products produced by any element or elements of the 
intelligence community are timely, objective, independent of political 
considerations, based upon all sources of available intelligence, and 
employ the standards of proper analytic tradecraft.
    (b) Responsibilities.--(1) The individual or entity assigned 
responsibility under subsection (a)--
        (A) may be responsible for general oversight and management of 
    analysis and production, but may not be directly responsible for, 
    or involved in, the specific production of any finished 
    intelligence product;
        (B) shall perform, on a regular basis, detailed reviews of 
    finished intelligence product or other analytic products by an 
    element or elements of the intelligence community covering a 
    particular topic or subject matter;
        (C) shall be responsible for identifying on an annual basis 
    functional or topical areas of analysis for specific review under 
    subparagraph (B); and
        (D) upon completion of any review under subparagraph (B), may 
    draft lessons learned, identify best practices, or make 
    recommendations for improvement to the analytic tradecraft employed 
    in the production of the reviewed product or products.
    (2) Each review under paragraph (1)(B) should--
        (A) include whether the product or products concerned were 
    based on all sources of available intelligence, properly describe 
    the quality and reliability of underlying sources, properly caveat 
    and express uncertainties or confidence in analytic judgments, 
    properly distinguish between underlying intelligence and the 
    assumptions and judgments of analysts, and incorporate, where 
    appropriate, alternative analyses; and
        (B) ensure that the analytic methodologies, tradecraft, and 
    practices used by the element or elements concerned in the 
    production of the product or products concerned meet the standards 
    set forth in subsection (a).
    (3) Information drafted under paragraph (1)(D) should, as 
appropriate, be included in analysis teaching modules and case studies 
for use throughout the intelligence community.
    (c) Annual Reports.--Not later than December 1 each year, the 
Director of National Intelligence shall submit to the congressional 
intelligence committees, the heads of the relevant elements of the 
intelligence community, and the heads of analytic training departments 
a report containing a description, and the associated findings, of each 
review under subsection (b)(1)(B) during such year.
    (d) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House 
    of Representatives.
SEC. 1020. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS.
    (a) In General.--Not later than 180 days after the effective date 
of this Act, the Director of National Intelligence shall identify an 
individual within the Office of the Director of National Intelligence 
who shall be available to analysts within the Office of the Director of 
National Intelligence to counsel, conduct arbitration, offer 
recommendations, and, as appropriate, initiate inquiries into real or 
perceived problems of analytic tradecraft or politicization, biased 
reporting, or lack of objectivity in intelligence analysis.
    (b) Report.--Not later than 270 days after the effective date of 
this Act, the Director of National Intelligence shall provide a report 
to the Select Committee on Intelligence of the Senate and the Permanent 
Select Committee on Intelligence of the House of Representatives on the 
implementation of subsection (a).

    Subtitle B--National Counterterrorism Center, National Counter 
        Proliferation Center, and National Intelligence Centers

SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.

    Title I of the National Security Act of 1947 (50 U.S.C. 402 et 
seq.) is amended by adding at the end the following new section:

                    ``national counterterrorism center

    ``Sec. 119. (a) Establishment of Center.--There is within the 
Office of the Director of National Intelligence a National 
Counterterrorism Center.
    ``(b) Director of National Counterterrorism Center.--(1) There is a 
Director of the National Counterterrorism Center, who shall be the head 
of the National Counterterrorism Center, and who shall be appointed by 
the President, by and with the advice and consent of the Senate.
    ``(2) The Director of the National Counterterrorism Center may not 
simultaneously serve in any other capacity in the executive branch.
    ``(c) Reporting.--(1) The Director of the National Counterterrorism 
Center shall report to the Director of National Intelligence with 
respect to matters described in paragraph (2) and the President with 
respect to matters described in paragraph (3).
    ``(2) The matters described in this paragraph are as follows:
        ``(A) The budget and programs of the National Counterterrorism 
    Center.
        ``(B) The activities of the Directorate of Intelligence of the 
    National Counterterrorism Center under subsection (h).
        ``(C) The conduct of intelligence operations implemented by 
    other elements of the intelligence community; and
    ``(3) The matters described in this paragraph are the planning and 
progress of joint counterterrorism operations (other than intelligence 
operations).''.
    ``(d) Primary Missions.--The primary missions of the National 
Counterterrorism Center shall be as follows:
        ``(1) To serve as the primary organization in the United States 
    Government for analyzing and integrating all intelligence possessed 
    or acquired by the United States Government pertaining to terrorism 
    and counterterrorism, excepting intelligence pertaining exclusively 
    to domestic terrorists and domestic counterterrorism.
        ``(2) To conduct strategic operational planning for 
    counterterrorism activities, integrating all instruments of 
    national power, including diplomatic, financial, military, 
    intelligence, homeland security, and law enforcement activities 
    within and among agencies.
        ``(3) To assign roles and responsibilities as part of its 
    strategic operational planning duties to lead Departments or 
    agencies, as appropriate, for counterterrorism activities that are 
    consistent with applicable law and that support counterterrorism 
    strategic operational plans, but shall not direct the execution of 
    any resulting operations.
        ``(4) To ensure that agencies, as appropriate, have access to 
    and receive all-source intelligence support needed to execute their 
    counterterrorism plans or perform independent, alternative 
    analysis.
        ``(5) To ensure that such agencies have access to and receive 
    intelligence needed to accomplish their assigned activities.
        ``(6) To serve as the central and shared knowledge bank on 
    known and suspected terrorists and international terror groups, as 
    well as their goals, strategies, capabilities, and networks of 
    contacts and support.
    ``(e) Domestic Counterterrorism Intelligence.--(1) The Center may, 
consistent with applicable law, the direction of the President, and the 
guidelines referred to in section 102A(b), receive intelligence 
pertaining exclusively to domestic counterterrorism from any Federal, 
State, or local government or other source necessary to fulfill its 
responsibilities and retain and disseminate such intelligence.
    ``(2) Any agency authorized to conduct counterterrorism activities 
may request information from the Center to assist it in its 
responsibilities, consistent with applicable law and the guidelines 
referred to in section 102A(b).
    ``(f) Duties and Responsibilities of Director.--(1) The Director of 
the National Counterterrorism Center shall--
        ``(A) serve as the principal adviser to the Director of 
    National Intelligence on intelligence operations relating to 
    counterterrorism;
        ``(B) provide strategic operational plans for the civilian and 
    military counterterrorism efforts of the United States Government 
    and for the effective integration of counterterrorism intelligence 
    and operations across agency boundaries, both inside and outside 
    the United States;
        ``(C) advise the Director of National Intelligence on the 
    extent to which the counterterrorism program recommendations and 
    budget proposals of the departments, agencies, and elements of the 
    United States Government conform to the priorities established by 
    the President;
        ``(D) disseminate terrorism information, including current 
    terrorism threat analysis, to the President, the Vice President, 
    the Secretaries of State, Defense, and Homeland Security, the 
    Attorney General, the Director of the Central Intelligence Agency, 
    and other officials of the executive branch as appropriate, and to 
    the appropriate committees of Congress;
        ``(E) support the Department of Justice and the Department of 
    Homeland Security, and other appropriate agencies, in fulfillment 
    of their responsibilities to disseminate terrorism information, 
    consistent with applicable law, guidelines referred to in section 
    102A(b), Executive orders and other Presidential guidance, to State 
    and local government officials, and other entities, and coordinate 
    dissemination of terrorism information to foreign governments as 
    approved by the Director of National Intelligence;
        ``(F) develop a strategy for combining terrorist travel 
    intelligence operations and law enforcement planning and operations 
    into a cohesive effort to intercept terrorists, find terrorist 
    travel facilitators, and constrain terrorist mobility;
        ``(G) have primary responsibility within the United States 
    Government for conducting net assessments of terrorist threats;
        ``(H) consistent with priorities approved by the President, 
    assist the Director of National Intelligence in establishing 
    requirements for the intelligence community for the collection of 
    terrorism information; and
        ``(I) perform such other duties as the Director of National 
    Intelligence may prescribe or are prescribed by law.
    ``(2) Nothing in paragraph (1)(G) shall limit the authority of the 
departments and agencies of the United States to conduct net 
assessments.
    ``(g) Limitation.--The Director of the National Counterterrorism 
Center may not direct the execution of counterterrorism operations.
    ``(h) Resolution of Disputes.--The Director of National 
Intelligence shall resolve disagreements between the National 
Counterterrorism Center and the head of a department, agency, or 
element of the United States Government on designations, assignments, 
plans, or responsibilities under this section. The head of such a 
department, agency, or element may appeal the resolution of the 
disagreement by the Director of National Intelligence to the President.
    ``(i) Directorate of Intelligence.--The Director of the National 
Counterterrorism Center shall establish and maintain within the 
National Counterterrorism Center a Directorate of Intelligence which 
shall have primary responsibility within the United States Government 
for analysis of terrorism and terrorist organizations (except for 
purely domestic terrorism and domestic terrorist organizations) from 
all sources of intelligence, whether collected inside or outside the 
United States.
    ``(j) Directorate of Strategic Operational Planning.--(1) The 
Director of the National Counterterrorism Center shall establish and 
maintain within the National Counterterrorism Center a Directorate of 
Strategic Operational Planning which shall provide strategic 
operational plans for counterterrorism operations conducted by the 
United States Government.
    ``(2) Strategic operational planning shall include the mission, 
objectives to be achieved, tasks to be performed, interagency 
coordination of operational activities, and the assignment of roles and 
responsibilities.
    ``(3) The Director of the National Counterterrorism Center shall 
monitor the implementation of strategic operational plans, and shall 
obtain information from each element of the intelligence community, and 
from each other department, agency, or element of the United States 
Government relevant for monitoring the progress of such entity in 
implementing such plans.''.

SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER.

    Title I of the National Security Act of 1947, as amended by section 
1021 of this Act, is further amended by adding at the end the following 
new section:

                 ``national counter proliferation center

    ``Sec. 119A. (a) Establishment.--Not later than 18 months after the 
date of the enactment of the National Security Intelligence Reform Act 
of 2004, the President shall establish a National Counter Proliferation 
Center, taking into account all appropriate government tools to prevent 
and halt the proliferation of weapons of mass destruction, their 
delivery systems, and related materials and technologies.
    ``(b) Missions and Objectives.--In establishing the National 
Counter Proliferation Center, the President shall address the following 
missions and objectives to prevent and halt the proliferation of 
weapons of mass destruction, their delivery systems, and related 
materials and technologies:
        ``(1) Establishing a primary organization within the United 
    States Government for analyzing and integrating all intelligence 
    possessed or acquired by the United States pertaining to 
    proliferation.
        ``(2) Ensuring that appropriate agencies have full access to 
    and receive all-source intelligence support needed to execute their 
    counter proliferation plans or activities, and perform independent, 
    alternative analyses.
        ``(3) Establishing a central repository on known and suspected 
    proliferation activities, including the goals, strategies, 
    capabilities, networks, and any individuals, groups, or entities 
    engaged in proliferation.
        ``(4) Disseminating proliferation information, including 
    proliferation threats and analyses, to the President, to the 
    appropriate departments and agencies, and to the appropriate 
    committees of Congress.
        ``(5) Conducting net assessments and warnings about the 
    proliferation of weapons of mass destruction, their delivery 
    systems, and related materials and technologies.
        ``(6) Coordinating counter proliferation plans and activities 
    of the various departments and agencies of the United States 
    Government to prevent and halt the proliferation of weapons of mass 
    destruction, their delivery systems, and related materials and 
    technologies.
        ``(7) Conducting strategic operational counter proliferation 
    planning for the United States Government to prevent and halt the 
    proliferation of weapons of mass destruction, their delivery 
    systems, and related materials and technologies.
    ``(c) National Security Waiver.--The President may waive the 
requirements of this section, and any parts thereof, if the President 
determines that such requirements do not materially improve the ability 
of the United States Government to prevent and halt the proliferation 
of weapons of mass destruction, their delivery systems, and related 
materials and technologies. Such waiver shall be made in writing to 
Congress and shall include a description of how the missions and 
objectives in subsection (b) are being met.
    ``(d) Report to Congress.--(1) Not later than nine months after the 
implementation of this Act, the President shall submit to Congress, in 
classified form if necessary, the findings and recommendations of the 
President's Commission on Weapons of Mass Destruction established by 
Executive Order in February 2004, together with the views of the 
President regarding the establishment of a National Counter 
Proliferation Center.
    ``(2) If the President decides not to exercise the waiver authority 
granted by subsection (c), the President shall submit to Congress from 
time to time updates and plans regarding the establishment of a 
National Counter Proliferation Center.
    ``(e) Sense of Congress.--It is the sense of Congress that a 
central feature of counter proliferation activities, consistent with 
the President's Proliferation Security Initiative, should include the 
physical interdiction, by air, sea, or land, of weapons of mass 
destruction, their delivery systems, and related materials and 
technologies, and enhanced law enforcement activities to identify and 
disrupt proliferation networks, activities, organizations, and 
persons.''.

SEC. 1023. NATIONAL INTELLIGENCE CENTERS.

    Title I of the National Security Act of 1947, as amended by section 
1022 of this Act, is further amended by adding at the end the following 
new section:

                     ``national intelligence centers

    ``Sec. 119B. (a) Authority To Establish.--The Director of National 
Intelligence may establish one or more national intelligence centers to 
address intelligence priorities, including, but not limited to, 
regional issues.
    ``(b) Resources of Directors of Centers.--(1) The Director of 
National Intelligence shall ensure that the head of each national 
intelligence center under subsection (a) has appropriate authority, 
direction, and control of such center, and of the personnel assigned to 
such center, to carry out the assigned mission of such center.
    ``(2) The Director of National Intelligence shall ensure that each 
national intelligence center has appropriate personnel to accomplish 
effectively the mission of such center.
    ``(c) Information Sharing.--The Director of National Intelligence 
shall, to the extent appropriate and practicable, ensure that each 
national intelligence center under subsection (a) and the other 
elements of the intelligence community share information in order to 
facilitate the mission of such center.
    ``(d) Mission of Centers.--Pursuant to the direction of the 
Director of National Intelligence, each national intelligence center 
under subsection (a) may, in the area of intelligence responsibility 
assigned to such center--
        ``(1) have primary responsibility for providing all-source 
    analysis of intelligence based upon intelligence gathered both 
    domestically and abroad;
        ``(2) have primary responsibility for identifying and proposing 
    to the Director of National Intelligence intelligence collection 
    and analysis and production requirements; and
        ``(3) perform such other duties as the Director of National 
    Intelligence shall specify.
    ``(e) Review and Modification of Centers.--The Director of National 
Intelligence shall determine on a regular basis whether--
        ``(1) the area of intelligence responsibility assigned to each 
    national intelligence center under subsection (a) continues to meet 
    appropriate intelligence priorities; and
        ``(2) the staffing and management of such center remains 
    appropriate for the accomplishment of the mission of such center.
    ``(f) Termination.--The Director of National Intelligence may 
terminate any national intelligence center under subsection (a).
    ``(g) Separate Budget Account.--The Director of National 
Intelligence shall, as appropriate, include in the National 
Intelligence Program budget a separate line item for each national 
intelligence center under subsection (a).''.

            Subtitle C--Joint Intelligence Community Council

SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.

    Title I of the National Security Act of 1947 (50 U.S.C. 402 et 
seq.) is amended by inserting after section 101 the following new 
section:

                  ``joint intelligence community council

    ``Sec. 101A. (a) Joint Intelligence Community Council.--There is a 
Joint Intelligence Community Council.
    ``(b) Membership.--The Joint Intelligence Community Council shall 
consist of the following:
        ``(1) The Director of National Intelligence, who shall chair 
    the Council.
        ``(2) The Secretary of State.
        ``(3) The Secretary of the Treasury.
        ``(4) The Secretary of Defense.
        ``(5) The Attorney General.
        ``(6) The Secretary of Energy.
        ``(7) The Secretary of Homeland Security.
        ``(8) Such other officers of the United States Government as 
    the President may designate from time to time.
    ``(c) Functions.--The Joint Intelligence Community Council shall 
assist the Director of National Intelligence in developing and 
implementing a joint, unified national intelligence effort to protect 
national security by--
        ``(1) advising the Director on establishing requirements, 
    developing budgets, financial management, and monitoring and 
    evaluating the performance of the intelligence community, and on 
    such other matters as the Director may request; and
        ``(2) ensuring the timely execution of programs, policies, and 
    directives established or developed by the Director.
    ``(d) Meetings.--The Director of National Intelligence shall 
convene regular meetings of the Joint Intelligence Community Council.
    ``(e) Advice and Opinions of Members Other Than Chairman.--(1) A 
member of the Joint Intelligence Community Council (other than the 
Chairman) may submit to the Chairman advice or an opinion in 
disagreement with, or advice or an opinion in addition to, the advice 
presented by the Director of National Intelligence to the President or 
the National Security Council, in the role of the Chairman as Chairman 
of the Joint Intelligence Community Council. If a member submits such 
advice or opinion, the Chairman shall present the advice or opinion of 
such member at the same time the Chairman presents the advice of the 
Chairman to the President or the National Security Council, as the case 
may be.
    ``(2) The Chairman shall establish procedures to ensure that the 
presentation of the advice of the Chairman to the President or the 
National Security Council is not unduly delayed by reason of the 
submission of the individual advice or opinion of another member of the 
Council.
    ``(f) Recommendations to Congress.--Any member of the Joint 
Intelligence Community Council may make such recommendations to 
Congress relating to the intelligence community as such member 
considers appropriate.''.

  Subtitle D--Improvement of Education for the Intelligence Community

SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
    (a) Findings.--Congress makes the following findings:
        (1) Foreign language education is essential for the development 
    of a highly-skilled workforce for the intelligence community.
        (2) Since September 11, 2001, the need for language proficiency 
    levels to meet required national security functions has been 
    raised, and the ability to comprehend and articulate technical and 
    scientific information in foreign languages has become critical.
    (b) Linguistic Requirements.--(1) The Director of National 
Intelligence shall--
        (A) identify the linguistic requirements for the Office of the 
    Director of National Intelligence;
        (B) identify specific requirements for the range of linguistic 
    skills necessary for the intelligence community, including 
    proficiency in scientific and technical vocabularies of critical 
    foreign languages; and
        (C) develop a comprehensive plan for the Office to meet such 
    requirements through the education, recruitment, and training of 
    linguists.
    (2) In carrying out activities under paragraph (1), the Director 
shall take into account education grant programs of the Department of 
Defense and the Department of Education that are in existence as of the 
date of the enactment of this Act.
    (3) Not later than one year after the date of the enactment of this 
Act, and annually thereafter, the Director shall submit to Congress a 
report on the requirements identified under paragraph (1), including 
the success of the Office of the Director of National Intelligence in 
meeting such requirements. Each report shall notify Congress of any 
additional resources determined by the Director to be required to meet 
such requirements.
    (4) Each report under paragraph (3) shall be in unclassified form, 
but may include a classified annex.
    (c) Professional Intelligence Training.--The Director of National 
Intelligence shall require the head of each element and component 
within the Office of the Director of National Intelligence who has 
responsibility for professional intelligence training to periodically 
review and revise the curriculum for the professional intelligence 
training of the senior and intermediate level personnel of such element 
or component in order to--
        (1) strengthen the focus of such curriculum on the integration 
    of intelligence collection and analysis throughout the Office; and
        (2) prepare such personnel for duty with other departments, 
    agencies, and elements of the intelligence community.
SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING.
    Title X of the National Security Act of 1947 (50 U.S.C. 441g) is 
amended by adding at the end the following new section:

        ``framework for cross-disciplinary education and training

    ``Sec. 1002. The Director of National Intelligence shall establish 
an integrated framework that brings together the educational components 
of the intelligence community in order to promote a more effective and 
productive intelligence community through cross-disciplinary education 
and joint training.''.
SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
    Title X of the National Security Act of 1947, as amended by section 
1042 of this Act, is further amended by adding at the end the following 
new section:

               ``intelligence community scholarship program

    ``Sec. 1003. (a) Establishment.--
        ``(1) In general.--The Director of National Intelligence, in 
    consultation with the head of each agency of the intelligence 
    community, shall establish a scholarship program (to be known as 
    the `Intelligence Community Scholarship Program') to award 
    scholarships to individuals that is designed to recruit and prepare 
    students for civilian careers in the intelligence community to meet 
    the critical needs of the intelligence community agencies.
        ``(2) Selection of recipients.--
            ``(A) Merit and agency needs.--Individuals shall be 
        selected to receive scholarships under this section through a 
        competitive process primarily on the basis of academic merit 
        and the needs of the agency.
            ``(B) Demonstrated commitment.--Individuals selected under 
        this section shall have a demonstrated commitment to the field 
        of study for which the scholarship is awarded.
        ``(3) Contractual agreements.--To carry out the Program the 
    head of each agency shall enter into contractual agreements with 
    individuals selected under paragraph (2) under which the 
    individuals agree to serve as full-time employees of the agency, 
    for the period described in subsection (g)(1), in positions needed 
    by the agency and for which the individuals are qualified, in 
    exchange for receiving a scholarship.
    ``(b) Eligibility.--In order to be eligible to participate in the 
Program, an individual shall--
        ``(1) be enrolled or accepted for enrollment as a full-time 
    student at an institution of higher education and be pursuing or 
    intend to pursue undergraduate or graduate education in an academic 
    field or discipline described in the list made available under 
    subsection (d);
        ``(2) be a United States citizen; and
        ``(3) at the time of the initial scholarship award, not be an 
    employee (as defined under section 2105 of title 5, United States 
    Code).
    ``(c) Application.-- An individual seeking a scholarship under this 
section shall submit an application to the Director of National 
Intelligence at such time, in such manner, and containing such 
information, agreements, or assurances as the Director may require.
    ``(d) Programs and Fields of Study.--The Director of National 
Intelligence shall--
        ``(1) make publicly available a list of academic programs and 
    fields of study for which scholarships under the Program may be 
    used; and
        ``(2) update the list as necessary.
    ``(e) Scholarships.--
        ``(1) In general.--The Director of National Intelligence may 
    provide a scholarship under the Program for an academic year if the 
    individual applying for the scholarship has submitted to the 
    Director, as part of the application required under subsection (c), 
    a proposed academic program leading to a degree in a program or 
    field of study on the list made available under subsection (d).
        ``(2) Limitation on years.--An individual may not receive a 
    scholarship under this section for more than 4 academic years, 
    unless the Director of National Intelligence grants a waiver.
        ``(3) Student responsibilities.--Scholarship recipients shall 
    maintain satisfactory academic progress.
        ``(4) Amount.--The dollar amount of a scholarship under this 
    section for an academic year shall be determined under regulations 
    issued by the Director of National Intelligence, but shall in no 
    case exceed the cost of tuition, fees, and other authorized 
    expenses as established by the Director.
        ``(5) Use of scholarships.--A scholarship provided under this 
    section may be expended for tuition, fees, and other authorized 
    expenses as established by the Director of National Intelligence by 
    regulation.
        ``(6) Payment to institution of higher education.--The Director 
    of National Intelligence may enter into a contractual agreement 
    with an institution of higher education under which the amounts 
    provided for a scholarship under this section for tuition, fees, 
    and other authorized expenses are paid directly to the institution 
    with respect to which the scholarship is provided.
    ``(f) Special Consideration for Current Employees.--
        ``(1) Set aside of scholarships.--Notwithstanding paragraphs 
    (1) and (3) of subsection (b), 10 percent of the scholarships 
    awarded under this section shall be set aside for individuals who 
    are employees of agencies on the date of enactment of this section 
    to enhance the education of such employees in areas of critical 
    needs of agencies.
        ``(2) Full- or part-time education.--Employees who are awarded 
    scholarships under paragraph (1) shall be permitted to pursue 
    undergraduate or graduate education under the scholarship on a 
    full-time or part-time basis.
    ``(g) Employee Service.--
        ``(1) Period of service.--Except as provided in subsection 
    (i)(2), the period of service for which an individual shall be 
    obligated to serve as an employee of the agency is 24 months for 
    each academic year for which a scholarship under this section is 
    provided. Under no circumstances shall the total period of 
    obligated service be more than 8 years.
        ``(2) Beginning of service.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        obligated service under paragraph (1) shall begin not later 
        than 60 days after the individual obtains the educational 
        degree for which the scholarship was provided.
            ``(B) Deferral.--In accordance with regulations established 
        by the Director of National Intelligence, the Director or 
        designee may defer the obligation of an individual to provide a 
        period of service under paragraph (1) if the Director or 
        designee determines that such a deferral is appropriate.
    ``(h) Repayment.--
        ``(1) In general.--Scholarship recipients who fail to maintain 
    a high level of academic standing, as defined by the Director of 
    National Intelligence, who are dismissed from their educational 
    institutions for disciplinary reasons, or who voluntarily terminate 
    academic training before graduation from the educational program 
    for which the scholarship was awarded, shall be in breach of their 
    contractual agreement and, in lieu of any service obligation 
    arising under such agreement, shall be liable to the United States 
    for repayment within 1 year after the date of default of all 
    scholarship funds paid to them and to the institution of higher 
    education on their behalf under the agreement, except as provided 
    in subsection (i)(2). The repayment period may be extended by the 
    Director when determined to be necessary, as established by 
    regulation.
        ``(2) Liability.--Scholarship recipients who, for any reason, 
    fail to begin or complete their service obligation after completion 
    of academic training, or fail to comply with the terms and 
    conditions of deferment established by the Director of National 
    Intelligence under subsection (i)(2)(B), shall be in breach of 
    their contractual agreement. When recipients breach their 
    agreements for the reasons stated in the preceding sentence, the 
    recipient shall be liable to the United States for an amount equal 
    to--
            ``(A) the total amount of scholarships received by such 
        individual under this section; and
            ``(B) the interest on the amounts of such awards which 
        would be payable if at the time the awards were received they 
        were loans bearing interest at the maximum legal prevailing 
        rate, as determined by the Treasurer of the United States, 
        multiplied by 3.
    ``(i) Cancellation, Waiver, or Suspension of Obligation.--
        ``(1) Cancellation.--Any obligation of an individual incurred 
    under the Program (or a contractual agreement thereunder) for 
    service or payment shall be canceled upon the death of the 
    individual.
        ``(2) Waiver or suspension.--The Director of National 
    Intelligence shall prescribe regulations to provide for the partial 
    or total waiver or suspension of any obligation of service or 
    payment incurred by an individual under the Program (or a 
    contractual agreement thereunder) whenever compliance by the 
    individual is impossible or would involve extreme hardship to the 
    individual, or if enforcement of such obligation with respect to 
    the individual would be contrary to the best interests of the 
    Government.
    ``(j) Regulations.--The Director of National Intelligence shall 
prescribe regulations necessary to carry out this section.
    ``(k) Definitions.--In this section:
        ``(1) Agency.--The term `agency' means each element of the 
    intelligence community as determined by the Director of National 
    Intelligence.
        ``(2) Institution of higher education.--The term `institution 
    of higher education' has the meaning given that term under section 
    101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
        ``(3) Program.--The term `Program' means the Intelligence 
    Community Scholarship Program established under subsection (a).''.

     Subtitle E--Additional Improvements of Intelligence Activities

SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE 
COMMUNITY.
    The Director of National Intelligence, in cooperation with the 
Secretary of Defense and the Secretary of Energy, should seek to ensure 
that each service laboratory of the Department of Defense and each 
national laboratory of the Department of Energy may, acting through the 
relevant Secretary and in a manner consistent with the missions and 
commitments of the laboratory--
        (1) assist the Director of National Intelligence in all aspects 
    of technical intelligence, including research, applied sciences, 
    analysis, technology evaluation and assessment, and any other 
    aspect that the relevant Secretary considers appropriate; and
        (2) make available to the intelligence community, on a 
    community-wide basis--
            (A) the analysis and production services of the service and 
        national laboratories, in a manner that maximizes the capacity 
        and services of such laboratories; and
            (B) the facilities and human resources of the service and 
        national laboratories, in a manner that improves the 
        technological capabilities of the intelligence community.

SEC. 1052. OPEN-SOURCE INTELLIGENCE.

    (a) Sense of Congress.--It is the sense of Congress that--
        (1) the Director of National Intelligence should establish an 
    intelligence center for the purpose of coordinating the collection, 
    analysis, production, and dissemination of open-source intelligence 
    to elements of the intelligence community;
        (2) open-source intelligence is a valuable source that must be 
    integrated into the intelligence cycle to ensure that United States 
    policymakers are fully and completely informed; and
        (3) the intelligence center should ensure that each element of 
    the intelligence community uses open-source intelligence consistent 
    with the mission of such element.
    (b) Requirement for Efficient Use by Intelligence Community of 
Open-source Intelligence.--The Director of National Intelligence shall 
ensure that the intelligence community makes efficient and effective 
use of open-source information and analysis.
    (c) Report.--Not later than June 30, 2005, the Director of National 
Intelligence shall submit to the congressional intelligence committees 
a report containing the decision of the Director as to whether an open-
source intelligence center will be established. If the Director decides 
not to establish an open-source intelligence center, such report shall 
also contain a description of how the intelligence community will use 
open-source intelligence and effectively integrate open-source 
intelligence into the national intelligence cycle.
    (d) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House 
    of Representatives.

SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS.

    (a) Establishment.--The Director of National Intelligence may 
provide for the establishment and training of a National Intelligence 
Reserve Corps (in this section referred to as ``National Intelligence 
Reserve Corps'') for the temporary reemployment on a voluntary basis of 
former employees of elements of the intelligence community during 
periods of emergency, as determined by the Director.
    (b) Eligible Individuals.--An individual may participate in the 
National Intelligence Reserve Corps only if the individual previously 
served as a full time employee of an element of the intelligence 
community.
    (c) Terms of Participation.--The Director of National Intelligence 
shall prescribe the terms and conditions under which eligible 
individuals may participate in the National Intelligence Reserve Corps.
    (d) Expenses.--The Director of National Intelligence may 
provide members of the National Intelligence Reserve Corps 
transportation and per diem in lieu of subsistence for purposes of 
participating in any training that relates to service as a member of 
the Reserve Corps.
    (e) Treatment of Annuitants.--(1) If an annuitant receiving an 
annuity from the Civil Service Retirement and Disability Fund becomes 
temporarily reemployed pursuant to this section, such annuity shall not 
be discontinued thereby.
    (2) An annuitant so reemployed shall not be considered an employee 
for the purposes of chapter 83 or 84 of title 5, United States Code.
    (f) Treatment Under Office of Director of National Intelligence 
Personnel Ceiling.--A member of the National Intelligence Reserve Corps 
who is reemployed on a temporary basis pursuant to this section shall 
not count against any personnel ceiling applicable to the Office of the 
Director of National Intelligence.

                Subtitle F--Privacy and Civil Liberties

SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) In conducting the war on terrorism, the Federal Government 
    may need additional powers and may need to enhance the use of its 
    existing powers.
        (2) This potential shift of power and authority to the Federal 
    Government calls for an enhanced system of checks and balances to 
    protect the precious liberties that are vital to our way of life.
    (b) Establishment of Board.--There is established within the 
Executive Office of the President a Privacy and Civil Liberties 
Oversight Board (referred to in this section as the ``Board'').
    (c) Functions.--
        (1) Advice and counsel on development and implementation of 
    policy.--For the purpose of providing advice to the President or to 
    the head of any department or agency of the executive branch, the 
    Board shall--
            (A) review proposed regulations and executive branch 
        policies related to efforts to protect the Nation from 
        terrorism, including the development and adoption of 
        information sharing guidelines under subsections (d) and (f) of 
        section 1016;
            (B) review the implementation of laws, regulations, and 
        executive branch policies related to efforts to protect the 
        Nation from terrorism, including the implementation of 
        information sharing guidelines under subsections (d) and (f) of 
        section 1016;
            (C) advise the President and the head of any department or 
        agency of the executive branch to ensure that privacy and civil 
        liberties are appropriately considered in the development and 
        implementation of such regulations and executive branch 
        policies; and
            (D) in providing advice on proposals to retain or enhance a 
        particular governmental power, consider whether the department, 
        agency, or element of the executive branch concerned has 
        explained--
                (i) that there is adequate supervision of the use by 
            the executive branch of the power to ensure protection of 
            privacy and civil liberties;
                (ii) that there are adequate guidelines and oversight 
            to properly confine the use of the power; and
                (iii) that the need for the power, including the risk 
            presented to the national security if the Federal 
            Government does not take certain actions, is balanced with 
            the need to protect privacy and civil liberties.
        (2) Oversight.--The Board shall continually review--
            (A) regulations, executive branch policies, and procedures 
        (including the implementation of such regulations, policies, 
        and procedures), related laws pertaining to efforts to protect 
        the Nation from terrorism, and other actions by the executive 
        branch related to efforts to protect the Nation from terrorism 
        to ensure that privacy and civil liberties are protected; and
            (B) the information sharing practices of the departments, 
        agencies, and elements of the executive branch to determine 
        whether or not such practices appropriately protect privacy and 
        civil liberties and adhere to the information sharing 
        guidelines under subsections (d) and (f) of section 1016 and to 
        other applicable laws, regulations, and executive branch 
        policies regarding the protection of privacy and civil 
        liberties.
        (3) Scope.--The Board shall ensure that concerns with respect 
    to privacy and civil liberties are appropriately considered in the 
    implementation of laws, regulations, and executive branch policies 
    related to efforts to protect the Nation against terrorism.
        (4) Reports to congress.--Not less frequently than annually, 
    the Board shall prepare a report to Congress, unclassified to the 
    greatest extent possible (with a classified annex, if necessary), 
    on the Board's major activities during the preceding period.
    (d) Access to Information.--
        (1) Authorization.--If determined by the Board to be necessary 
    to carry out its responsibilities under this section, the Board is 
    authorized, to the extent permitted by law, to--
            (A) have access from any department or agency of the 
        executive branch, or any Federal officer or employee of any 
        such department or agency, to all relevant records, reports, 
        audits, reviews, documents, papers, recommendations, or other 
        relevant material, including classified information consistent 
        with applicable law;
            (B) interview or take statements from officers of any 
        department or agency of the executive branch;
            (C) request information or assistance from any State, 
        tribal, or local government; and
            (D)(i) request that persons (other than departments, 
        agencies, and elements of the executive branch) produce for the 
        Board relevant information, documents, reports, answers, 
        records, accounts, papers, and other documentary and 
        testimonial evidence; and
            (ii) if the person to whom such a request is directed does 
        not comply with the request within 45 days of receipt of such 
        request, notify the Attorney General of such person's failure 
        to comply with such request, which notice shall include all 
        relevant information.
        (2) Production of information and evidence.--
            (A) Explanation of noncompliance.--Upon receiving 
        notification under paragraph (1)(D)(ii) regarding a request, 
        the Attorney General shall provide an opportunity for the 
        person subject to the request to explain the reasons for not 
        complying with the request.
            (B) Action by attorney general.--Upon receiving 
        notification under paragraph (1)(D)(ii) regarding a request, 
        the Attorney General shall review the request and may take such 
        steps as appropriate to ensure compliance with the request for 
        the information, documents, reports, answers, records, 
        accounts, papers, and other documentary and testimonial 
        evidence covered by the request.
        (3) Agency cooperation.--Whenever information or assistance 
    requested under subparagraph (A) or (B) of paragraph (1) is, in the 
    judgment of the Board, unreasonably refused or not provided, the 
    Board shall report the circumstances to the head of the department 
    or agency concerned without delay. If the requested information or 
    assistance may be provided to the Board in accordance with 
    applicable law, the head of the department or agency concerned 
    shall ensure compliance with such request.
        (4) Exceptions for national security.--
            (A) In general.--If the National Intelligence Director, in 
        consultation with the Attorney General, determines that it is 
        necessary to withhold information requested under paragraph (3) 
        to protect the national security interests of the United 
        States, the head of the department or agency concerned shall 
        not furnish such information to the Board.
            (B) Certain information.--If the Attorney General 
        determines that it is necessary to withhold information 
        requested under paragraph (3) from disclosure to protect 
        sensitive law enforcement or counterterrorism information or 
        ongoing operations, the head of the department or agency 
        concerned shall not furnish such information to the Board.
    (e) Membership.--
        (1) Members.--
            (A) In general.--The Board shall be composed of a chairman, 
        a vice chairman, and three additional members appointed by the 
        President.
            (B) Chairman and vice chairman.--The chairman and vice 
        chairman shall each be appointed by the President, by and with 
        the advice and consent of the Senate.
            (C) Appointment requirements.--Any individual appointed to 
        the Board shall be appointed from among trustworthy and 
        distinguished citizens outside the Federal Government who are 
        qualified on the basis of achievement, experience, and 
        independence.
            (D) Full-time service of chairman.--The chairman may serve 
        on a full-time basis.
            (E) Service at pleasure of president.--The chairman, vice 
        chairman, and other members of the Board shall each serve at 
        the pleasure of the President.
        (2) Incompatible office.--An individual appointed to the Board 
    may not, while serving on the Board, be an elected official, 
    officer, or employee of the Federal Government, other than in the 
    capacity as a member of the Board.
        (3) Quorum and meetings.--The Board shall meet upon the call of 
    the chairman or a majority of its members. Three members of the 
    Board shall constitute a quorum.
    (f) Compensation and Travel Expenses.--
        (1) Compensation.--
            (A) Chairman on full-time basis.--If the chairman serves on 
        a full-time basis, the rate of pay for the chairman shall be 
        the annual rate of basic pay in effect for a position at level 
        III of the Executive Schedule under section 5314 of title 5, 
        United States Code.
            (B) Chairman and vice chairman on part-time basis.--The 
        chairman, if serving on a part-time basis, and the vice 
        chairman shall be compensated at a rate equal to the daily 
        equivalent of the annual rate of basic pay in effect for a 
        position at level III of the Executive Schedule under section 
        5314 of title 5, United States Code, for each day during which 
        such official is engaged in the actual performance of the 
        duties of the Board.
            (C) Members.--Each member of the Board shall be compensated 
        at a rate equal to the daily equivalent of the annual rate of 
        basic pay in effect for a position at level IV of the Executive 
        Schedule under section 5315 of title 5, United States Code, for 
        each day during which that member is engaged in the actual 
        performance of the duties of the Board.
        (2) Travel expenses.--Members of the Board shall be allowed 
    travel expenses, including per diem in lieu of subsistence, at 
    rates authorized for persons employed intermittently by the Federal 
    Government under section 5703(b) of title 5, United States Code, 
    while away from their homes or regular places of business in the 
    performance of services for the Board.
    (g) Staff.--
        (1) Appointment and compensation.--The chairman, in accordance 
    with rules agreed upon by the Board, shall appoint and fix the 
    compensation of an executive director and such other personnel as 
    may be necessary to enable the Board to carry out its functions, 
    without regard to the provisions of title 5, United States Code, 
    governing appointments in the competitive service, and without 
    regard to the provisions of chapter 51 and subchapter III of 
    chapter 53 of such title relating to classification and General 
    Schedule pay rates, except that no rate of pay fixed under this 
    subsection may exceed the equivalent of that payable for a position 
    at level V of the Executive Schedule under section 5316 of title 5, 
    United States Code.
        (2) Detailees.--Federal employees may be detailed to the Board 
    without reimbursement from the Board, and such detailee shall 
    retain the rights, status, and privileges of the detailee's regular 
    employment without interruption.
        (3) Consultant services.--The Board may procure the temporary 
    or intermittent services of experts and consultants in accordance 
    with section 3109 of title 5, United States Code, at rates that do 
    not exceed the daily rate paid a person occupying a position at 
    level IV of the Executive Schedule under section 5315 of such 
    title.
    (h) Security Clearances.--The appropriate departments and agencies 
of the executive branch shall cooperate with the Board to expeditiously 
provide Board members and staff with appropriate security clearances to 
the extent possible under applicable procedures and requirements. 
Promptly upon commencing its work, the Board shall adopt, after 
consultation with the Secretary of Defense, the Attorney General, and 
the National Intelligence Director, rules and procedures of the Board 
for physical, communications, computer, document, personnel, and other 
security in relation to the work of the Board.
    (i) Applicability of Certain Laws.--
        (1) Federal advisory committee act.--The Federal Advisory 
    Committee Act (5 U.S.C. App.) shall not apply with respect to the 
    Board and its activities.
        (2) Freedom of information act.--For purposes of the Freedom of 
    Information Act, the Board shall be treated as an agency (as that 
    term is defined in section 551(1) of title 5, United States Code).
    (j) Construction.--Except as otherwise provided in this section, 
nothing in this section shall be construed to require any consultation 
with the Board by any department or agency of the executive branch or 
any Federal officer or employee, or any waiting period that must be 
observed by any department or agency of the executive branch or any 
Federal officer or employee, before developing, proposing, or 
implementing any legislation, law, regulation, policy, or guideline 
related to efforts to protect the Nation from terrorism.
    (k) Presidential Responsibility.--The Board shall perform its 
functions within the executive branch and under the general supervision 
of the President.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND CIVIL 
LIBERTIES OFFICERS.
    It is the sense of Congress that each executive department or 
agency with law enforcement or antiterrorism functions should designate 
a privacy and civil liberties officer.

              Subtitle G--Conforming and Other Amendments

SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF 
NATIONAL INTELLIGENCE AND DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
    (a) National Security Act of 1947.--(1) The National Security Act 
of 1947 (50 U.S.C. 401 et seq.) is amended by striking ``Director of 
Central Intelligence'' each place it appears in the following 
provisions and inserting ``Director of National Intelligence'':
        (A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
        (B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
        (C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
        (D) Section 101(j) (50 U.S.C. 402(j)).
        (E) Section 105(a) (50 U.S.C. 403-5(a)).
        (F) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
        (G) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
        (H) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place it 
    appears.
        (I) Section 110(b) (50 U.S.C. 404e(b)).
        (J) Section 110(c) (50 U.S.C. 404e(c)).
        (K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
        (L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
        (M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
        (N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
        (O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
        (P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
        (Q) Section 115(b) (50 U.S.C. 404j(b)).
        (R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
        (S) Section 116(a) (50 U.S.C. 404k(a)).
        (T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
        (U) Section 303(a) (50 U.S.C. 405(a)), both places it appears.
        (V) Section 501(d) (50 U.S.C. 413(d)).
        (W) Section 502(a) (50 U.S.C. 413a(a)).
        (X) Section 502(c) (50 U.S.C. 413a(c)).
        (Y) Section 503(b) (50 U.S.C. 413b(b)).
        (Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
        (AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
        (BB) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
        (CC) Section 603(a) (50 U.S.C. 423(a)).
        (DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
        (EE) Section 702(a)(6)(B)(viii) (50 U.S.C. 432(a)(6)(B)(viii)).
        (FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places it 
    appears.
        (GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
        (HH) Section 703(a)(6)(B)(viii) (50 U.S.C. 
    432a(a)(6)(B)(viii)).
        (II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places it 
    appears.
        (JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
        (KK) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
        (LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places it 
    appears.
        (MM) Section 1001(a) (50 U.S.C. 441g(a)).
        (NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
        (OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
        (PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
        (QQ) Section 1102(d) (50 U.S.C. 442a(d)).
    (2) That Act is further amended by striking ``of Central 
Intelligence'' each place it appears in the following provisions:
        (A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
        (B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
        (C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place it 
    appears.
    (3) That Act is further amended by striking ``Director'' each place 
it appears in the following provisions and inserting ``Director of 
National Intelligence'':
        (A) Section 114(c) (50 U.S.C. 404i(c)).
        (B) Section 116(b) (50 U.S.C. 404k(b)).
        (C) Section 1001(b) (50 U.S.C. 441g(b)).
        (D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it 
    appears.
        (E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
        (F) Section 1001(e) (50 U.S.C. 441g(e)), the first place it 
    appears.
    (4) Section 114A of that Act (50 U.S.C. 404i-1) is amended by 
striking ``Director of Central Intelligence'' and inserting ``Director 
of National Intelligence, the Director of the Central Intelligence 
Agency''
    (5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended 
by striking ``Director of Central Intelligence'' and inserting 
``Director of the Central Intelligence Agency''.
    (6) Section 701 of that Act (50 U.S.C. 431) is amended--
        (A) in subsection (a), by striking ``Operational files of the 
    Central Intelligence Agency may be exempted by the Director of 
    Central Intelligence'' and inserting ``The Director of the Central 
    Intelligence Agency, with the coordination of the Director of 
    National Intelligence, may exempt operational files of the Central 
    Intelligence Agency''; and
        (B) in subsection (g)(1), by striking ``Director of Central 
    Intelligence'' and inserting ``Director of the Central Intelligence 
    Agency and the Director of National Intelligence''.
    (7) The heading for section 114 of that Act (50 U.S.C. 404i) is 
amended to read as follows:

        ``additional annual reports from the director of national 
                            intelligence''.

    (b) Central Intelligence Agency Act of 1949.--(1) The Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by 
striking ``Director of Central Intelligence'' each place it appears in 
the following provisions and inserting ``Director of National 
Intelligence'':
        (A) Section 6 (50 U.S.C. 403g).
        (B) Section 17(f) (50 U.S.C. 403q(f)), both places it appears.
    (2) That Act is further amended by striking ``of Central 
Intelligence'' in each of the following provisions:
        (A) Section 2 (50 U.S.C. 403b).
        (B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
        (C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
        (D) Section 20(c) (50 U.S.C. 403t(c)).
    (3) That Act is further amended by striking ``Director of Central 
Intelligence'' each place it appears in the following provisions and 
inserting ``Director of the Central Intelligence Agency'':
        (A) Section 14(b) (50 U.S.C. 403n(b)).
        (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
        (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it 
    appears.
        (D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
        (E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
    (c) Central Intelligence Agency Retirement Act.--Section 101 of the 
Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is amended 
by striking paragraph (2) and inserting the following new paragraph 
(2):
        ``(2) Director.--The term `Director' means the Director of the 
    Central Intelligence Agency.''.
    (d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of section 
2 of the Central Intelligence Agency Voluntary Separation Pay Act (50 
U.S.C. 2001 note) is amended to read as follows:
        ``(1) the term `Director' means the Director of the Central 
    Intelligence Agency;''.
    (e) Foreign Intelligence Surveillance Act of 1978.--(1) The Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by striking ``Director of Central Intelligence'' each place it 
appears and inserting ``Director of National Intelligence''.
    (f) Classified Information Procedures Act.--Section 9(a) of the 
Classified Information Procedures Act (5 U.S.C. App.) is amended by 
striking ``Director of Central Intelligence'' and inserting ``Director 
of National Intelligence''.
    (g) Intelligence Authorization Acts.--
        (1) Public law 103-359.--Section 811(c)(6)(C) of the 
    Counterintelligence and Security Enhancements Act of 1994 (title 
    VIII of Public Law 103-359) is amended by striking ``Director of 
    Central Intelligence'' and inserting ``Director of National 
    Intelligence''.
        (2) Public law 107-306.--(A) The Intelligence Authorization Act 
    for Fiscal Year 2003 (Public Law 107-306) is amended by striking 
    ``Director of Central Intelligence, acting as the head of the 
    intelligence community,'' each place it appears in the following 
    provisions and inserting ``Director of National Intelligence'':
            (i) Section 313(a) (50 U.S.C. 404n(a)).
            (ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
        (B) That Act is further amended by striking ``Director of 
    Central Intelligence'' each place it appears in the following 
    provisions and inserting ``Director of National Intelligence'':
            (i) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
            (ii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
            (iii) Section 904(h) (50 U.S.C. 402c(h)), each place it 
        appears.
            (iv) Section 904(m) (50 U.S.C. 402c(m)).
        (C) Section 341 of that Act (50 U.S.C. 404n-1) is amended by 
    striking ``Director of Central Intelligence, acting as the head of 
    the intelligence community, shall establish in the Central 
    Intelligence Agency'' and inserting ``Director of National 
    Intelligence shall establish within the Central Intelligence 
    Agency''.
        (D) Section 352(b) of that Act (50 U.S.C. 404-3 note) is 
    amended by striking ``Director'' and inserting ``Director of 
    National Intelligence''.
        (3) Public law 108-177.--(A) The Intelligence Authorization Act 
    for Fiscal Year 2004 (Public Law 108-177) is amended by striking 
    ``Director of Central Intelligence'' each place it appears in the 
    following provisions and inserting ``Director of National 
    Intelligence'':
            (i) Section 317(a) (50 U.S.C. 403-3 note).
            (ii) Section 317(h)(1).
            (iii) Section 318(a) (50 U.S.C. 441g note).
            (iv) Section 319(b) (50 U.S.C. 403 note).
            (v) Section 341(b) (28 U.S.C. 519 note).
            (vi) Section 357(a) (50 U.S.C. 403 note).
            (vii) Section 504(a) (117 Stat. 2634), both places it 
        appears.
        (B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is 
    amended by striking ``Director'' the first place it appears and 
    inserting ``Director of National Intelligence''.
        (C) Section 404 of that Act (18 U.S.C. 4124 note) is amended by 
    striking ``Director of Central Intelligence'' and inserting 
    ``Director of the Central Intelligence Agency''.

SEC. 1072. OTHER CONFORMING AMENDMENTS

    (a) National Security Act of 1947.--(1) Section 101(j) of the 
National Security Act of 1947 (50 U.S.C. 402(j)) is amended by striking 
``Deputy Director of Central Intelligence'' and inserting ``Principal 
Deputy Director of National Intelligence''.
    (2) Section 105(a) of that Act (50 U.S.C. 403-5(a)) is amended by 
striking ``The Secretary'' in the matter preceding paragraph (1) and 
inserting ``Consistent with sections 102 and 102A, the Secretary''.
    (3) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is amended by 
striking ``103 and 104'' in the matter preceding paragraph (1) and 
inserting ``102 and 102A''.
    (4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended 
by striking ``section 103(c)(6) of this Act'' and inserting ``section 
102A(i) of this Act''.
    (5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by 
striking ``to the Deputy Director of Central Intelligence, or with 
respect to employees of the Central Intelligence Agency, the Director 
may delegate such authority to the Deputy Director for Operations'' and 
inserting ``to the Principal Deputy Director of National Intelligence, 
or with respect to employees of the Central Intelligence Agency, to the 
Director of the Central Intelligence Agency''.
    (6) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) is 
amended by striking ``Office of the Deputy Director of Central 
Intelligence'' and inserting ``Office of the Director of National 
Intelligence''.
    (7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended 
by striking ``Office of the Director of Central Intelligence'' and 
inserting ``Office of the Director of National Intelligence''.
    (8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by 
striking ``Assistant Director of Central Intelligence for 
Administration'' and inserting ``Office of the Director of National 
Intelligence''.
    (b) Central Intelligence Act of 1949.--Section 6 of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by striking 
``section 103(c)(7) of the National Security Act of 1947 (50 U.S.C. 
403-3(c)(7))'' and inserting ``section 102A(i) of the National Security 
Act of 1947''.
    (c) Central Intelligence Agency Retirement Act.--Section 201(c) of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is 
amended by striking ``paragraph (6) of section 103(c) of the National 
Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of Central 
Intelligence'' and inserting ``section 102A(i) of the National Security 
Act of 1947 (50 U.S.C. 403-3(c)(1)) that the Director of National 
Intelligence''.
    (d) Intelligence Authorization Acts.--
        (1) Public law 107-306.--(A) Section 343(c) of the Intelligence 
    Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50 
    U.S.C. 404n-2(c)) is amended by striking ``section 103(c)(6) of the 
    National Security Act of 1947 (50 U.S.C. 403-3((c)(6))'' and 
    inserting ``section 102A(i) of the National Security Act of 1947 
    (50 U.S.C. 403-3(c)(1))''.
        (B)(i) Section 902 of that Act (also known as the 
    Counterintelligence Enhancements Act of 2002) (50 U.S.C. 402b) is 
    amended by striking ``President'' each place it appears and 
    inserting ``Director of National Intelligence''.
        (ii) Section 902(a)(2) of that Act is amended by striking 
    ``Director of Central Intelligence'' and inserting ``Director of 
    the Central Intelligence Agency''.
        (C) Section 904 of that Act (50 U.S.C. 402c) is amended--
            (i) in subsection (c), by striking ``Office of the Director 
        of Central Intelligence'' and inserting ``Office of the 
        Director of National Intelligence''; and
            (ii) in subsection (l), by striking ``Office of the 
        Director of Central Intelligence'' and inserting ``Office of 
        the Director of National Intelligence''.
        (2) Public law 108-177.--(A) Section 317 of the Intelligence 
    Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 
    U.S.C. 403-3 note) is amended--
            (i) in subsection (g), by striking ``Assistant Director of 
        Central Intelligence for Analysis and Production'' and 
        inserting ``Deputy Director of National Intelligence''; and
            (ii) in subsection (h)(2)(C), by striking ``Assistant 
        Director'' and inserting ``Deputy Director of National 
        Intelligence''.
        (B) Section 318(e) of that Act (50 U.S.C. 441g note) is amended 
    by striking ``Assistant Director of Central Intelligence for 
    Analysis and Production'' and inserting ``Deputy Director of 
    National Intelligence''.
SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY 
ACT OF 1947.
    Paragraph (4) of section 3 of the National Security Act of 1947 (50 
U.S.C. 401a) is amended to read as follows:
        ``(4) The term `intelligence community' includes the following:
            ``(A) The Office of the Director of National Intelligence.
            ``(B) The Central Intelligence Agency.
            ``(C) The National Security Agency.
            ``(D) The Defense Intelligence Agency.
            ``(E) The National Geospatial-Intelligence Agency.
            ``(F) The National Reconnaissance Office.
            ``(G) Other offices within the Department of Defense for 
        the collection of specialized national intelligence through 
        reconnaissance programs.
            ``(H) The intelligence elements of the Army, the Navy, the 
        Air Force, the Marine Corps, the Federal Bureau of 
        Investigation, and the Department of Energy.
            ``(I) The Bureau of Intelligence and Research of the 
        Department of State.
            ``(J) The Office of Intelligence and Analysis of the 
        Department of the Treasury.
            ``(K) The elements of the Department of Homeland Security 
        concerned with the analysis of intelligence information, 
        including the Office of Intelligence of the Coast Guard.
            ``(L) Such other elements of any other department or agency 
        as may be designated by the President, or designated jointly by 
        the Director of National Intelligence and the head of the 
        department or agency concerned, as an element of the 
        intelligence community.''.
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS 
NATIONAL INTELLIGENCE PROGRAM.
    (a) Redesignation.--Paragraph (6) of section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a) is amended by striking 
``Foreign''.
    (b) Conforming Amendments.--(1)(A) Section 506 of the National 
Security Act of 1947 (50 U.S.C. 415a) is amended--
        (i) in subsection (a), by striking ``National Foreign 
    Intelligence Program'' and inserting ``National Intelligence 
    Program''; and
        (ii) in the section heading, by striking ``foreign''.
    (B) Section 105 of that Act (50 U.S.C. 403-5) is amended--
        (i) in paragraphs (2) and (3) of subsection (a), by striking 
    ``National Foreign Intelligence Program'' and inserting ``National 
    Intelligence Program''; and
        (ii) in the section heading, by striking ``foreign''.
    (2) Section 17(f) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q(f)) is amended by striking ``National Foreign 
Intelligence Program'' and inserting ``National Intelligence Program''.

SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY.

    Section 111 of the National Security Act of 1947 (50 U.S.C. 404f) 
is repealed.
SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
    The table of contents in the first section of the National Security 
Act of 1947 is amended--
        (1) by striking the items relating to sections 102 through 105 
    and inserting the following new items:

``Sec. 101A. Joint Intelligence Community Council.
``Sec. 102.  Director of National Intelligence.
``Sec. 102A. Responsibilities and authorities of the Director of 
          National Intelligence.
``Sec. 103.  Office of the Director of National Intelligence.
``Sec. 103A. Deputy Directors of National Intelligence.
``Sec. 103B. National Intelligence Council.
``Sec. 103C. General Counsel.
``Sec. 103D. Civil Liberties Protection Officer.
``Sec. 103E. Director of Science and Technology.
``Sec. 103F. National Counterintelligence Executive.
``Sec. 104.  Central Intelligence Agency.
``Sec. 104A. Director of the Central Intelligence Agency.
``Sec. 105.  Responsibilities of the Secretary of Defense pertaining to 
          the National Intelligence Program.'';

        (2) by striking the item relating to section 111;
        (3) by striking the item relating to section 114 and inserting 
    the following new item:
``Sec. 114.  Additional annual reports from the Director of National 
          Intelligence.'';

        (4) by inserting after the item relating to section 118 the 
    following new items:

``Sec. 119.  National Counterterrorism Center.
``Sec. 119A. National Counter Proliferation Center.
``Sec. 119B. National intelligence centers.

        (5) by striking the item relating to section 506 and inserting 
    the following new item:

``Sec. 506.  Specificity of National Intelligence Program budget amounts 
          for counterterrorism, counterproliferation, counternarcotics, 
          and counterintelligence.'';

    and
        (6) by inserting after the item relating to section 1001 the 
    following new items:

``Sec. 1002.  Framework for cross-disciplinary education and training.
``Sec. 1003.  Intelligence Community Scholarship Program.''.
SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE 
OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
    Section 1 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403a) is amended--
        (1) by redesignating paragraphs (a), (b), and (c) as paragraphs 
    (1), (2), and (3), respectively; and
        (2) by striking paragraph (2), as so redesignated, and 
    inserting the following new paragraph (2):
    ``(2) `Director' means the Director of the Central Intelligence 
Agency; and''.
SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE OF 
THE DIRECTOR OF NATIONAL INTELLIGENCE.
    The Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
inserting after section 8J the following new section:

     ``authority to establish inspector general of the office of the 
                   director of national intelligence

    Sec. 8K. If the Director of National Intelligence determines that 
an Office of Inspector General would be beneficial to improving the 
operations and effectiveness of the Office of the Director of National 
Intelligence, the Director of National Intelligence is authorized to 
establish, with any of the duties, responsibilities, and authorities 
set forth in this Act, an Office of Inspector General.''.

SEC. 1079. ETHICS MATTERS.

    (a) Political Service of Personnel.--Section 7323(b)(2)(B)(i) of 
title 5, United States Code, is amended--
        (1) in subclause (XII), by striking ``or'' at the end; and
        (2) by inserting after subclause (XIII) the following new 
    subclause:
            ``(XIV) the Office of the Director of National 
        Intelligence; or''.
    (b) Deletion of Information About Foreign Gifts.--Section 
7342(f)(4) of title 5, United States Code, is amended--
        (1) by inserting ``(A)'' after ``(4)'';
        (2) in subparagraph (A), as so designated, by striking ``the 
    Director of Central Intelligence'' and inserting ``the Director of 
    the Central Intelligence Agency''; and
        (3) by adding at the end the following new subparagraph:
    ``(B) In transmitting such listings for the Office of the Director 
of National Intelligence, the Director of National Intelligence may 
delete the information described in subparagraphs (A) and (C) of 
paragraphs (2) and (3) if the Director certifies in writing to the 
Secretary of State that the publication of such information could 
adversely affect United States intelligence sources.''.
    (c) Exemption From Financial Disclosures.--Section 105(a)(1) of the 
Ethics in Government Act (5 U.S.C. App.) is amended by inserting ``the 
Office of the Director of National Intelligence,'' before ``the Central 
Intelligence Agency''.
SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL 
INTELLIGENCE TO ACQUIRE AND MANAGE PROPERTY AND SERVICES.
    Section 113(e) of title 40, United States Code, is amended--
        (1) in paragraph (18), by striking ``or'' at the end;
        (2) in paragraph (19), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following new paragraph:
        ``(20) the Office of the Director of National Intelligence.''.

SEC. 1081. GENERAL REFERENCES.

    (a) Director of Central Intelligence as Head of Intelligence 
Community.--Any reference to the Director of Central Intelligence or 
the Director of the Central Intelligence Agency in the Director's 
capacity as the head of the intelligence community in any law, 
regulation, document, paper, or other record of the United States shall 
be deemed to be a reference to the Director of National Intelligence.
    (b) Director of Central Intelligence as Head of CIA.--Any reference 
to the Director of Central Intelligence or the Director of the Central 
Intelligence Agency in the Director's capacity as the head of the 
Central Intelligence Agency in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Director of the Central Intelligence Agency.
    (c) Community Management Staff.--Any reference to the Community 
Management Staff in any law, regulation, document, paper, or other 
record of the United States shall be deemed to be a reference to the 
staff of the Office of the Director of National Intelligence.

  Subtitle H--Transfer, Termination, Transition, and Other Provisions

SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
    (a) Transfer.--There shall be transferred to the Office of the 
Director of National Intelligence such staff of the Community 
Management Staff as of the date of the enactment of this Act as the 
Director of National Intelligence determines to be appropriate, 
including all functions and activities discharged by the Community 
Management Staff as of that date.
    (b) Administration.--The Director of National Intelligence shall 
administer the Community Management Staff after the date of the 
enactment of this Act as a component of the Office of the Director of 
National Intelligence under section 103 of the National Security Act of 
1947, as amended by section 1011(a) of this Act.
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
    (a) Transfer.--There shall be transferred to the National 
Counterterrorism Center the Terrorist Threat Integration Center (TTIC) 
or its successor entity, including all functions and activities 
discharged by the Terrorist Threat Integration Center or its successor 
entity as of the date of the enactment of this Act.
    (b) Administration.--The Director of the National Counterterrorism 
Center shall administer the Terrorist Threat Integration Center after 
the date of the enactment of this Act as a component of the Directorate 
of Intelligence of the National Counterterrorism Center under section 
119(i) of the National Security Act of 1947, as added by section 
1021(a) of this Act.
SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL 
INTELLIGENCE.
    (a) Termination.--The positions referred to in subsection (b) are 
hereby abolished.
    (b) Covered Positions.--The positions referred to in this 
subsection are as follows:
        (1) The Assistant Director of Central Intelligence for 
    Collection.
        (2) The Assistant Director of Central Intelligence for Analysis 
    and Production.
        (3) The Assistant Director of Central Intelligence for 
    Administration.

SEC. 1094. IMPLEMENTATION PLAN.

    The President shall transmit to Congress a plan for the 
implementation of this title and the amendments made by this title. The 
plan shall address, at a minimum, the following:
        (1) The transfer of personnel, assets, and obligations to the 
    Director of National Intelligence pursuant to this title.
        (2) Any consolidation, reorganization, or streamlining of 
    activities transferred to the Director of National Intelligence 
    pursuant to this title.
        (3) The establishment of offices within the Office of the 
    Director of National Intelligence to implement the duties and 
    responsibilities of the Director of National Intelligence as 
    described in this title.
        (4) Specification of any proposed disposition of property, 
    facilities, contracts, records, and other assets and obligations to 
    be transferred to the Director of National Intelligence.
        (5) Recommendations for additional legislative or 
    administrative action as the President considers appropriate.
SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION 
OF INTELLIGENCE COMMUNITY REFORM.
    (a) Report.--Not later than one year after the effective date of 
this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the progress made in 
the implementation of this title, including the amendments made by this 
title. The report shall include a comprehensive description of the 
progress made, and may include such recommendations for additional 
legislative or administrative action as the Director considers 
appropriate.
    (b) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House 
    of Representatives.

SEC. 1096. TRANSITIONAL AUTHORITIES.

    (a) In General.--Upon the request of the Director of National 
Intelligence, the head of any executive agency may, on a reimbursable 
basis, provide services or detail personnel to the Director of National 
Intelligence.
    (b) Transfer of Personnel.--In addition to any other authorities 
available under law for such purposes, in the fiscal year after the 
effective date of this Act, the Director of National Intelligence--
        (1) is authorized within the Office of the Director of National 
    Intelligence 500 new personnel billets; and
        (2) with the approval of the Director of the Office of 
    Management and Budget, may detail not more than 150 personnel 
    funded within the National Intelligence Program to the Office of 
    the Director of National Intelligence for a period of not more than 
    2 years.

SEC. 1097. EFFECTIVE DATES.

    (a) In General.--Except as otherwise expressly provided in this 
Act, this title and the amendments made by this title shall take effect 
not later than six months after the date of the enactment of this Act.
    (b) Specific Effective Dates.--(1)(A) Not later than 60 days after 
the date of the appointment of the first Director of National 
Intelligence, the Director of National Intelligence shall first appoint 
individuals to positions within the Office of the Director of National 
Intelligence.
    (B) Subparagraph (A) shall not apply with respect to the Principal 
Deputy Director of National Intelligence.
    (2) Not later than 180 days after the effective date of this Act, 
the President shall transmit to Congress the implementation plan 
required by section 1094.
    (3) Not later than one year after the date of the enactment of this 
Act, the Director of National Intelligence shall prescribe regulations, 
policies, procedures, standards, and guidelines required under section 
102A of the National Security Act of 1947, as amended by section 
1011(a) of this Act.

                       Subtitle I--Other Matters

SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION 
SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE OFFICERS.
    (a) Study.--The Secretary of Defense shall conduct a study of the 
promotion selection rates, and the selection rates for attendance at 
professional military education schools, of intelligence officers of 
the Armed Forces, particularly in comparison to the rates for other 
officers of the same Armed Force who are in the same grade and 
competitive category.
    (b) Report.--The Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report providing 
the Secretary's findings resulting from the study under subsection (a) 
and the Secretary's recommendations (if any) for such changes in law as 
the Secretary considers needed to ensure that intelligence officers, as 
a group, are selected for promotion, and for attendance at professional 
military education schools, at rates not less than the rates for all 
line (or the equivalent) officers of the same Armed Force (both in the 
zone and below the zone) in the same grade. The report shall be 
submitted not later than April 1, 2005.
SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC INTEREST 
DECLASSIFICATION BOARD.
    (a) Direction.--Section 703(a) of the Public Interest 
Declassification Act of 2000 (title VII of Public Law 106-567; 114 
Stat. 2856; 50 U.S.C. 435 note) is amended--
        (1) by inserting ``(1)'' after ``Establishment.--''; and
        (2) by adding at the end the following new paragraph:
    ``(2) The Board shall report directly to the President or, upon 
designation by the President, the Vice President, the Attorney General, 
or other designee of the President. The other designee of the President 
under this paragraph may not be an agency head or official authorized 
to classify information under Executive Order 12958, or any successor 
order.''.
    (b) Purposes.--Section 703(b) of that Act (114 Stat. 2856) is 
amended by adding at the end the following new paragraph:
        ``(5) To review and make recommendations to the President in a 
    timely manner with respect to any congressional request, made by 
    the committee of jurisdiction, to declassify certain records or to 
    reconsider a declination to declassify specific records.''.
    (c) Recommendations on Special Searches.--Section 704(c)(2)(A) of 
that Act (114 Stat. 2860) is amended by inserting before the period the 
following: ``, and also including specific requests for the 
declassification of certain records or for the reconsideration of 
declinations to declassify specific records''.
    (d) Declassification Reviews.--Section 704 of that Act (114 Stat. 
2859) is further amended by adding at the end the following new 
subsection:
    ``(e) Declassification Reviews.--If requested by the President, the 
Board shall review in a timely manner certain records or declinations 
to declassify specific records, the declassification of which has been 
the subject of specific congressional request described in section 
703(b)(5).''.
    (e) Notification of Review.--Section 706 of that Act (114 Stat. 
2861) is amended by adding at the end the following new subsection:
    ``(f) Notification of Review.--In response to a specific 
congressional request for declassification review described in section 
703(b)(5), the Board shall advise the originators of the request in a 
timely manner whether the Board intends to conduct such review.''.
    (f) Extension.--Section 710(b) of that Act (114 Stat. 2864) is 
amended by striking ``4 years'' and inserting ``8 years''.

SEC. 1103. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, or 
the application of such provision to any person or circumstance is held 
invalid, the remainder of this Act, or the application of such 
provision to persons or circumstances other those to which such 
provision is held invalid shall not be affected thereby.

               TITLE II--FEDERAL BUREAU OF INVESTIGATION

SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL 
BUREAU OF INVESTIGATION.
    (a) Findings.--Congress makes the following findings:
        (1) The National Commission on Terrorist Attacks Upon the 
    United States in its final report stated that, under Director 
    Robert Mueller, the Federal Bureau of Investigation has made 
    significant progress in improving its intelligence capabilities.
        (2) In the report, the members of the Commission also urged 
    that the Federal Bureau of Investigation fully institutionalize the 
    shift of the Bureau to a preventive counterterrorism posture.
    (b) Improvement of Intelligence Capabilities.--The Director of the 
Federal Bureau of Investigation shall continue efforts to improve the 
intelligence capabilities of the Federal Bureau of Investigation and to 
develop and maintain within the Bureau a national intelligence 
workforce.
    (c) National Intelligence Workforce.--(1) In developing and 
maintaining a national intelligence workforce under subsection (b), the 
Director of the Federal Bureau of Investigation shall, develop and 
maintain a specialized and integrated national intelligence workforce 
consisting of agents, analysts, linguists, and surveillance specialists 
who are recruited, trained, and rewarded in a manner which ensures the 
existence within the Federal Bureau of Investigation an institutional 
culture with substantial expertise in, and commitment to, the 
intelligence mission of the Bureau.
    (2) Each agent employed by the Bureau after the date of the 
enactment of this Act shall receive basic training in both criminal 
justice matters and national intelligence matters.
    (3) Each agent employed by the Bureau after the date of the 
enactment of this Act shall, to the maximum extent practicable, be 
given the opportunity to undergo, during such agent's early service 
with the Bureau, meaningful assignments in criminal justice matters and 
in national intelligence matters.
    (4) The Director shall--
        (A) establish career positions in national intelligence matters 
    for agents, analysts, and related personnel of the Bureau; and
        (B) in furtherance of the requirement under subparagraph (A) 
    and to the maximum extent practicable, afford agents, analysts, and 
    related personnel of the Bureau the opportunity to work in the 
    career specialty selected by such agents, analysts, and related 
    personnel over their entire career with the Bureau.
    (5) The Director shall carry out a program to enhance the capacity 
of the Bureau to recruit and retain individuals with backgrounds in 
intelligence, international relations, language, technology, and other 
skills relevant to the intelligence mission of the Bureau.
    (6) The Director shall, to the maximum extent practicable, afford 
the analysts of the Bureau training and career opportunities 
commensurate with the training and career opportunities afforded 
analysts in other elements of the intelligence community.
    (7) Commencing as soon as practicable after the date of the 
enactment of this Act, each direct supervisor of a Field Intelligence 
Group, and each Bureau Operational Manager at the Section Chief and 
Assistant Special Agent in Charge (ASAC) level and above, shall be a 
certified intelligence officer.
    (8) The Director shall, to the maximum extent practicable, ensure 
that the successful discharge of advanced training courses, and of one 
or more assignments to another element of the intelligence community, 
is a precondition to advancement to higher level intelligence 
assignments within the Bureau.
    (d) Field Office Matters.--(1) In improving the intelligence 
capabilities of the Federal Bureau of Investigation under subsection 
(b), the Director of the Federal Bureau of Investigation shall ensure 
that each Field Intelligence Group reports directly to a field office 
senior manager responsible for intelligence matters.
    (2) The Director shall provide for such expansion of the secure 
facilities in the field offices of the Bureau as is necessary to ensure 
the discharge by the field offices of the intelligence mission of the 
Bureau.
    (3) The Director shall require that each Field Intelligence Group 
manager ensures the integration of analysts, agents, linguists, and 
surveillance personnel in the field.
    (e) Discharge of Improvements.--(1) The Director of the Federal 
Bureau of Investigation shall carry out subsections (b) through (d) 
through the head of the Directorate of Intelligence of the Federal 
Bureau of Investigation.
    (2) The Director of the Federal Bureau of Investigation shall carry 
out subsections (b) through (d) under the joint guidance of the 
Attorney General and the National Intelligence Director in a manner 
consistent with section 112(e).
    (f) Budget Matters.--The Director of the Federal Bureau of 
Investigation shall, establish a budget structure of the Federal Bureau 
of Investigation to reflect the four principal missions of the Bureau 
as follows:
        (1) Intelligence.
        (2) Counterterrorism and counterintelligence.
        (3) Criminal Enterprises/Federal Crimes.
        (4) Criminal justice services.
    (g) Reports.--(1) Not later than 180 days after the date of the 
enactment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to Congress a report on the progress made as 
of the date of such report in carrying out the requirements of this 
section.
    (2) The Director shall include in each annual program review of the 
Federal Bureau of Investigation that is submitted to Congress a report 
on the progress made by each field office of the Bureau during the 
period covered by such review in addressing Bureau and national program 
priorities.
    (3) Not later than 180 days after the date of the enactment of this 
Act, and every 12 months thereafter, the Director shall submit to 
Congress a report assessing the qualifications, status, and roles of 
analysts at Bureau headquarters and in the field offices of the Bureau.
    (4) Not later than 180 days after the date of the enactment of this 
Act, and every 12 months thereafter, the Director shall submit to 
Congress a report on the progress of the Bureau in implementing 
information-sharing principles.
SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF 
INVESTIGATION.
    (a) Directorate of Intelligence of Federal Bureau of 
Investigation.--The element of the Federal Bureau of Investigation 
known as of the date of the enactment of this Act as the Office of 
Intelligence is hereby redesignated as the Directorate of Intelligence 
of the Federal Bureau of Investigation.
    (b) Head of Directorate.--The head of the Directorate of 
Intelligence shall be the Executive Assistant Director for Intelligence 
of the Federal Bureau of Investigation.
    (c) Responsibilities.--The Directorate of Intelligence shall be 
responsible for the following:
        (1) Supervision of all national intelligence programs, 
    projects, and activities of the Bureau.
        (2) The discharge by the Bureau of the requirements in section 
    105B of the National Security Act of 1947 (50 U.S.C. 403-5b).
        (3) The oversight of Bureau field intelligence operations.
        (4) Coordinating human source development and management by the 
    Bureau.
        (5) Coordinating collection by the Bureau against nationally-
    determined intelligence requirements.
        (6) Strategic analysis.
        (7) Intelligence program and budget management.
        (8) The intelligence workforce.
        (9) Any other responsibilities specified by the Director of the 
    Federal Bureau of Investigation or specified by law.
    (d) Staff.--The Directorate of Intelligence shall consist of such 
staff as the Director of the Federal Bureau of Investigation considers 
appropriate for the activities of the Directorate.
SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
    (a) Establishment of Federal Bureau of Investigation Intelligence 
Career Service.--The Director of the Federal Bureau of Investigation 
may--
        (1) in consultation with the Director of the Office of 
    Personnel Management--
            (A) establish positions for intelligence analysts, and 
        prescribe standards and procedures for establishing and 
        classifying such positions, without regard to chapter 51 of 
        title 5, United States Code; and
            (B) fix the rate of basic pay for such positions, without 
        regard to subchapter III of chapter 53 of title 5, United 
        States Code, if the rate of pay is not greater than the rate of 
        basic pay payable for level IV of the Executive Schedule;
        (2) appoint individuals to such positions; and
        (3) establish a performance management system for such 
    individuals with at least one level of performance above a 
    retention standard.
    (b) Reporting Requirement.--Not less than 60 days before the date 
of the implementation of authorities authorized under this section, the 
Director of the Federal Bureau of Investigation shall submit an 
operating plan describing the Director's intended use of the 
authorities under this section to the appropriate committees of 
Congress.
    (c) Annual Report.--Not later than December 31, 2005, and annually 
thereafter for 4 years, the Director of the Federal Bureau of 
Investigation shall submit an annual report of the use of the permanent 
authorities provided under this section during the preceding fiscal 
year to the appropriate committees of Congress.
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress means''--
        (1) the Committees on Appropriations, Homeland Security and 
    Governmental Affairs, and the Judiciary and the Select Committee on 
    Intelligence of the Senate; and
        (2) the Committees on Appropriations, Government Reform, and 
    the Judiciary and the Permanent Select Committee on Intelligence of 
    the House of Representatives.
SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
    (a) In General.--Chapter 35 of title 5, United States Code, is 
amended by adding at the end the following:

  ``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE 
                    FEDERAL BUREAU OF INVESTIGATION

``Sec. 3598. Federal Bureau of Investigation Reserve Service

    ``(a) Establishment.--The Director of the Federal Bureau of 
Investigation may provide for the establishment and training of a 
Federal Bureau of Investigation Reserve Service (hereinafter in this 
section referred to as the `FBI Reserve Service') for temporary 
reemployment of employees in the Bureau during periods of emergency, as 
determined by the Director.
    ``(b) Membership.--Membership in the FBI Reserve Service shall be 
limited to individuals who previously served as full-time employees of 
the Bureau.
    ``(c) Annuitants.--If an individual receiving an annuity from the 
Civil Service Retirement and Disability Fund on the basis of such 
individual's service becomes temporarily reemployed pursuant to this 
section, such annuity shall not be discontinued thereby. An individual 
so reemployed shall not be considered an employee for the purposes of 
chapter 83 or 84.
    ``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve Service 
members reemployed on a temporary basis pursuant to this section shall 
not count against any personnel ceiling applicable to the Bureau.
    ``(e) Expenses.--The Director may provide members of the FBI 
Reserve Service transportation and per diem in lieu of subsistence, in 
accordance with applicable provisions of this title, for the purpose of 
participating in any training that relates to service as a member of 
the FBI Reserve Service.
    ``(f) Limitation on Membership.--Membership of the FBI Reserve 
Service is not to exceed 500 members at any given time.
    ``(g) Limitation on Duration of Service.--An individual may not be 
reemployed under this section for more than 180 days in connection with 
any particular emergency unless, in the judgment of the Director, the 
public interest so requires.''.
    (b) Clerical Amendment.--The analysis for chapter 35 of title 5, 
United States Code, is amended by adding at the end the following:

    ``SUBCHAPTER VII-RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE 
                     FEDERAL BUREAU OF INVESTIGATION

``3598. Federal Bureau of Investigation Reserve Service.''.
SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPARATION AGE.
    (a) Civil Service Retirement System.--Section 8335(b) of title 5, 
United States Code, is amended--
        (1) by striking ``(b)'' and inserting ``(b)(1)''; and
        (2) by adding at the end the following:
        ``(2) In the case of employees of the Federal Bureau of 
    Investigation, the second sentence of paragraph (1) shall be 
    applied by substituting `65 years of age' for `60 years of age'. 
    The Federal Bureau of Investigation may not grant more than 50 
    exemptions in any fiscal year in accordance with the preceding 
    sentence, and the authority to grant such exemptions shall cease to 
    be available after September 30, 2007.''.
    (b) Federal Employees' Retirement System.--Section 8425(b) of title 
5, United States Code, is amended--
        (1) by striking ``(b)'' and inserting ``(b)(1)''; and
        (2) by adding at the end the following:
        ``(2) In the case of employees of the Federal Bureau of 
    Investigation, the second sentence of paragraph (1) shall be 
    applied by substituting `65 years of age' for `60 years of age'. 
    The Federal Bureau of Investigation may not grant more than 50 
    exemptions in any fiscal year in accordance with the preceding 
    sentence, and the authority to grant such exemptions shall cease to 
    be available after September 30, 2007.''.
SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANSLATORS.
    Not later than 30 days after the date of the enactment of this Act, 
and annually thereafter, the Attorney General of the United States 
shall submit to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives a report 
that contains, with respect to each preceding 12-month period--
        (1) the number of translators employed, or contracted for, by 
    the Federal Bureau of Investigation or other components of the 
    Department of Justice;
        (2) any legal or practical impediments to using translators 
    employed by the Federal, State, or local agencies on a full-time, 
    part-time, or shared basis;
        (3) the needs of the Federal Bureau of Investigation for the 
    specific translation services in certain languages, and 
    recommendations for meeting those needs;
        (4) the status of any automated statistical reporting system, 
    including implementation and future viability;
        (5) the storage capabilities of the digital collection system 
    or systems utilized;
        (6) a description of the establishment and compliance with 
    audio retention policies that satisfy the investigative and 
    intelligence goals of the Federal Bureau of Investigation; and
        (7) a description of the implementation of quality control 
    procedures and mechanisms for monitoring compliance with quality 
    control procedures.

                     TITLE III--SECURITY CLEARANCES

SEC. 3001. SECURITY CLEARANCES.

    (a) Definitions.--In this section:
        (1) The term ``agency'' means--
            (A) an executive agency (as that term is defined in section 
        105 of title 5, United States Code);
            (B) a military department (as that term is defined in 
        section 102 of title 5, United States Code); and
            (C) an element of the intelligence community.
        (2) The term ``authorized investigative agency'' means an 
    agency designated by the head of the agency selected pursuant to 
    subsection (b) to conduct a counterintelligence investigation or 
    investigation of persons who are proposed for access to classified 
    information to ascertain whether such persons satisfy the criteria 
    for obtaining and retaining access to such information.
        (3) The term ``authorized adjudicative agency'' means an agency 
    authorized by law, regulation, or direction of the Director of 
    National Intelligence to determine eligibility for access to 
    classified information in accordance with Executive Order 12968.
        (4) The term ``highly sensitive program'' means--
            (A) a government program designated as a Special Access 
        Program (as that term is defined in section 4.1(h) of Executive 
        Order 12958 or any successor Executive order); or
            (B) a government program that applies restrictions required 
        for--
                (i) restricted data (as that term is defined in section 
            11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)); 
            or
                (ii) other information commonly referred to as 
            ``sensitive compartmented information''.
        (5) The term ``current investigation file'' means, with respect 
    to a security clearance, a file on an investigation or adjudication 
    that has been conducted during--
            (A) the 5-year period beginning on the date the security 
        clearance was granted, in the case of a Top Secret Clearance, 
        or the date access was granted to a highly sensitive program;
            (B) the 10-year period beginning on the date the security 
        clearance was granted in the case of a Secret Clearance; and
            (C) the 15-year period beginning on the date the security 
        clearance was granted in the case of a Confidential Clearance.
        (6) The term ``personnel security investigation'' means any 
    investigation required for the purpose of determining the 
    eligibility of any military, civilian, or government contractor 
    personnel to access classified information.
        (7) The term ``periodic reinvestigations'' means investigations 
    conducted for the purpose of updating a previously completed 
    background investigation--
            (A) every 5 years in the case of a top secret clearance or 
        access to a highly sensitive program;
            (B) every 10 years in the case of a secret clearance; or
            (C) every 15 years in the case of a Confidential Clearance.
        (8) The term ``appropriate committees of Congress'' means--
            (A) the Permanent Select Committee on Intelligence and the 
        Committees on Armed Services, Homeland Security, Government 
        Reform, and the Judiciary of the House of Representatives; and
            (B) the Select Committee on Intelligence and the Committees 
        on Armed Services, Homeland Security and Governmental Affairs, 
        and the Judiciary of the Senate.
    (b) Selection of Entity.--Not later than 90 days after the date of 
the enactment of this Act, the President shall select a single 
department, agency, or element of the executive branch to be 
responsible for--
        (1) directing day-to-day oversight of investigations and 
    adjudications for personnel security clearances, including for 
    highly sensitive programs, throughout the United States Government;
        (2) developing and implementing uniform and consistent policies 
    and procedures to ensure the effective, efficient, and timely 
    completion of security clearances and determinations for access to 
    highly sensitive programs, including the standardization of 
    security questionnaires, financial disclosure requirements for 
    security clearance applicants, and polygraph policies and 
    procedures;
        (3) serving as the final authority to designate an authorized 
    investigative agency or authorized adjudicative agency;
        (4) ensuring reciprocal recognition of access to classified 
    information among the agencies of the United States Government, 
    including acting as the final authority to arbitrate and resolve 
    disputes involving the reciprocity of security clearances and 
    access to highly sensitive programs pursuant to subsection (d);
        (5) ensuring, to the maximum extent practicable, that 
    sufficient resources are available in each agency to achieve 
    clearance and investigative program goals; and
        (6) reviewing and coordinating the development of tools and 
    techniques for enhancing the conduct of investigations and granting 
    of clearances.
    (c) Performance of Security Clearance Investigations.--(1) 
Notwithstanding any other provision of law, not later than 180 days 
after the date of the enactment of this Act, the President shall, in 
consultation with the head of the entity selected pursuant to 
subsection (b), select a single agency of the executive branch to 
conduct, to the maximum extent practicable, security clearance 
investigations of employees and contractor personnel of the United 
States Government who require access to classified information and to 
provide and maintain all security clearances of such employees and 
contractor personnel. The head of the entity selected pursuant to 
subsection (b) may designate other agencies to conduct such 
investigations if the head of the entity selected pursuant to 
subsection (b) considers it appropriate for national security and 
efficiency purposes.
    (2) The agency selected under paragraph (1) shall--
        (A) take all necessary actions to carry out the requirements of 
    this section, including entering into a memorandum of understanding 
    with any agency carrying out responsibilities relating to security 
    clearances or security clearance investigations before the date of 
    the enactment of this Act;
        (B) as soon as practicable, integrate reporting of security 
    clearance applications, security clearance investigations, and 
    determinations of eligibility for security clearances, with the 
    database required by subsection (e); and
        (C) ensure that security clearance investigations are conducted 
    in accordance with uniform standards and requirements established 
    under subsection (b), including uniform security questionnaires and 
    financial disclosure requirements.
    (d) Reciprocity of Security Clearance and Access Determinations.--
(1) All security clearance background investigations and determinations 
completed by an authorized investigative agency or authorized 
adjudicative agency shall be accepted by all agencies.
    (2) All security clearance background investigations initiated by 
an authorized investigative agency shall be transferable to any other 
authorized investigative agency.
    (3)(A) An authorized investigative agency or authorized 
adjudicative agency may not establish additional investigative or 
adjudicative requirements (other than requirements for the conduct of a 
polygraph examination) that exceed requirements specified in Executive 
Orders establishing security requirements for access to classified 
information without the approval of the head of the entity selected 
pursuant to subsection (b).
    (B) Notwithstanding subparagraph (A), the head of the entity 
selected pursuant to subsection (b) may establish such additional 
requirements as the head of such entity considers necessary for 
national security purposes.
    (4) An authorized investigative agency or authorized adjudicative 
agency may not conduct an investigation for purposes of determining 
whether to grant a security clearance to an individual where a current 
investigation or clearance of equal level already exists or has been 
granted by another authorized adjudicative agency.
    (5) The head of the entity selected pursuant to subsection (b) may 
disallow the reciprocal recognition of an individual security clearance 
by an agency under this section on a case-by-case basis if the head of 
the entity selected pursuant to subsection (b) determines that such 
action is necessary for national security purposes.
    (6) The head of the entity selected pursuant to subsection (b) 
shall establish a review procedure by which agencies can seek review of 
actions required under this section.
    (e) Database on Security Clearances.--(1) Not later than 12 months 
after the date of the enactment of this Act, the Director of the Office 
of Personnel Management shall, in cooperation with the heads of the 
entities selected pursuant to subsections (b) and (c), establish and 
commence operating and maintaining an integrated, secure, database into 
which appropriate data relevant to the granting, denial, or revocation 
of a security clearance or access pertaining to military, civilian, or 
government contractor personnel shall be entered from all authorized 
investigative and adjudicative agencies.
    (2) The database under this subsection shall function to integrate 
information from existing Federal clearance tracking systems from other 
authorized investigative and adjudicative agencies into a single 
consolidated database.
    (3) Each authorized investigative or adjudicative agency shall 
check the database under this subsection to determine whether an 
individual the agency has identified as requiring a security clearance 
has already been granted or denied a security clearance, or has had a 
security clearance revoked, by any other authorized investigative or 
adjudicative agency.
    (4) The head of the entity selected pursuant to subsection (b) 
shall evaluate the extent to which an agency is submitting information 
to, and requesting information from, the database under this subsection 
as part of a determination of whether to certify the agency as an 
authorized investigative agency or authorized adjudicative agency.
    (5) The head of the entity selected pursuant to subsection (b) may 
authorize an agency to withhold information about certain individuals 
from the database under this subsection if the head of the entity 
considers it necessary for national security purposes.
    (f) Evaluation of Use of Available Technology in Clearance 
Investigations and Adjudications.--(1) The head of the entity selected 
pursuant to subsection (b) shall evaluate the use of available 
information technology and databases to expedite investigative and 
adjudicative processes for all and to verify standard information 
submitted as part of an application for a security clearance.
    (2) The evaluation shall assess the application of the technologies 
described in paragraph (1) for--
        (A) granting interim clearances to applicants at the secret, 
    top secret, and special access program levels before the completion 
    of the appropriate full investigation;
        (B) expediting investigations and adjudications of security 
    clearances, including verification of information submitted by the 
    applicant;
        (C) ongoing verification of suitability of personnel with 
    security clearances in effect for continued access to classified 
    information;
        (D) use of such technologies to augment periodic 
    reinvestigations;
        (E) assessing the impact of the use of such technologies on the 
    rights of applicants to verify, correct, or challenge information 
    obtained through such technologies; and
        (F) such other purposes as the head of the entity selected 
    pursuant to subsection (b) considers appropriate.
    (3) An individual subject to verification utilizing the technology 
described in paragraph (1) shall be notified of such verification, 
shall provide consent to such use, and shall have access to data being 
verified in order to correct errors or challenge information the 
individual believes is incorrect.
    (4) Not later than one year after the date of the enactment of this 
Act, the head of the entity selected pursuant to subsection (b) shall 
submit to the President and the appropriate committees of Congress a 
report on the results of the evaluation, including recommendations on 
the use of technologies described in paragraph (1).
    (g) Reduction in Length of Personnel Security Clearance Process.--
(1) The head of the entity selected pursuant to subsection (b) shall, 
within 90 days of selection under that subsection, develop, in 
consultation with the appropriate committees of Congress and each 
authorized adjudicative agency, a plan to reduce the length of the 
personnel security clearance process.
    (2)(A) To the extent practical the plan under paragraph (1) shall 
require that each authorized adjudicative agency make a determination 
on at least 90 percent of all applications for a personnel security 
clearance within an average of 60 days after the date of receipt of the 
completed application for a security clearance by an authorized 
investigative agency. Such 60-day average period shall include--
        (i) a period of not longer than 40 days to complete the 
    investigative phase of the clearance review; and
        (ii) a period of not longer than 20 days to complete the 
    adjudicative phase of the clearance review.
    (B) Determinations on clearances not made within 60 days shall be 
made without delay.
    (3)(A) The plan under paragraph (1) shall take effect 5 years after 
the date of the enactment of this Act.
    (B) During the period beginning on a date not later than 2 years 
after the date after the enactment of this Act and ending on the date 
on which the plan under paragraph (1) takes effect, each authorized 
adjudicative agency shall make a determination on at least 80 percent 
of all applications for a personnel security clearance pursuant to this 
section within an average of 120 days after the date of receipt of the 
application for a security clearance by an authorized investigative 
agency. Such 120-day average period shall include--
        (i) a period of not longer than 90 days to complete the 
    investigative phase of the clearance review; and
        (ii) a period of not longer than 30 days to complete the 
    adjudicative phase of the clearance review.
    (h) Reports.--(1) Not later than February 15, 2006, and annually 
thereafter through 2011, the head of the entity selected pursuant to 
subsection (b) shall submit to the appropriate committees of Congress a 
report on the progress made during the preceding year toward meeting 
the requirements of this section.
    (2) Each report shall include, for the period covered by such 
report--
        (A) the periods of time required by the authorized 
    investigative agencies and authorized adjudicative agencies for 
    conducting investigations, adjudicating cases, and granting 
    clearances, from date of submission to ultimate disposition and 
    notification to the subject and the subject's employer;
        (B) a discussion of any impediments to the smooth and timely 
    functioning of the requirements of this section; and
        (C) such other information or recommendations as the head of 
    the entity selected pursuant to subsection (b) considers 
    appropriate.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for fiscal year 2005 and 
each fiscal year thereafter for the implementation, maintenance, and 
operation of the database required by subsection (e).

                   TITLE IV--TRANSPORTATION SECURITY
       Subtitle A--National Strategy for Transportation Security

SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
    (a) In General.--Section 114 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(t) Transportation Security Strategic Planning.--
        ``(1) In general.--The Secretary of Homeland Security shall 
    develop, prepare, implement, and update, as needed--
            ``(A) a National Strategy for Transportation Security; and
            ``(B) transportation modal security plans.
        ``(2) Role of secretary of transportation.--The Secretary of 
    Homeland Security shall work jointly with the Secretary of 
    Transportation in developing, revising, and updating the documents 
    required by paragraph (1).
        ``(3) Contents of national strategy for transportation 
    security.--The National Strategy for Transportation Security shall 
    include the following:
            ``(A) An identification and evaluation of the 
        transportation assets in the United States that, in the 
        interests of national security and commerce, must be protected 
        from attack or disruption by terrorist or other hostile forces, 
        including modal security plans for aviation, bridge and tunnel, 
        commuter rail and ferry, highway, maritime, pipeline, rail, 
        mass transit, over-the-road bus, and other public 
        transportation infrastructure assets that could be at risk of 
        such an attack or disruption.
            ``(B) The development of risk-based priorities across all 
        transportation modes and realistic deadlines for addressing 
        security needs associated with those assets referred to in 
        subparagraph (A).
            ``(C) The most appropriate, practical, and cost-effective 
        means of defending those assets against threats to their 
        security.
            ``(D) A forward-looking strategic plan that sets forth the 
        agreed upon roles and missions of Federal, State, regional, and 
        local authorities and establishes mechanisms for encouraging 
        private sector cooperation and participation in the 
        implementation of such plan.
            ``(E) A comprehensive delineation of response and recovery 
        responsibilities and issues regarding threatened and executed 
        acts of terrorism within the United States.
            ``(F) A prioritization of research and development 
        objectives that support transportation security needs, giving a 
        higher priority to research and development directed toward 
        protecting vital transportation assets.
        ``(4) Submissions of plans to congress.--
            ``(A) Initial strategy.--The Secretary of Homeland Security 
        shall submit the National Strategy for Transportation Security, 
        including the transportation modal security plans, developed 
        under this subsection to the appropriate congressional 
        committees not later than April 1, 2005.
            ``(B) Subsequent versions.--After December 31, 2005, the 
        Secretary of Homeland Security shall submit the National 
        Strategy for Transportation Security, including the 
        transportation modal security plans and any revisions to the 
        National Strategy for Transportation Security and the 
        transportation modal security plans, to appropriate 
        congressional committees not less frequently than April 1 of 
        each even-numbered year.
            ``(C) Periodic progress report.--
                ``(i) Requirement for report.--Each year, in 
            conjunction with the submission of the budget to Congress 
            under section 1105(a) of title 31, United States Code, the 
            Secretary of Homeland Security shall submit to the 
            appropriate congressional committees an assessment of the 
            progress made on implementing the National Strategy for 
            Transportation Security.
                ``(ii) Content.--Each progress report under this 
            subparagraph shall include, at a minimum, recommendations 
            for improving and implementing the National Strategy for 
            Transportation Security and the transportation modal 
            security plans that the Secretary, in consultation with the 
            Secretary of Transportation, considers appropriate.
            ``(D) Classified material.--Any part of the National 
        Strategy for Transportation Security or the transportation 
        modal security plans that involve information that is properly 
        classified under criteria established by Executive order shall 
        be submitted to the appropriate congressional committees 
        separately in a classified format.
            ``(E) Appropriate congressional committees defined.--In 
        this subsection, the term `appropriate congressional 
        committees' means the Committee on Transportation and 
        Infrastructure and the Select Committee on Homeland Security of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation and the Committee on Homeland 
        Security and Governmental Affairs of the Senate.
        ``(5) Priority Status.--
            ``(A) In general.--The National Strategy for Transportation 
        Security shall be the governing document for Federal 
        transportation security efforts.
            ``(B) Other plans and reports.--The National Strategy for 
        Transportation Security shall include, as an integral part or 
        as an appendix--
                ``(i) the current National Maritime Transportation 
            Security Plan under section 70103 of title 46;
                ``(ii) the report required by section 44938 of this 
            title;
                ``(iii) transportation modal security plans required 
            under this section; and
                ``(iv) any other transportation security plan or report 
            that the Secretary of Homeland Security determines 
            appropriate for inclusion.''.
    (b) Aviation Security Planning; Operational Criteria.--Section 
44904 of title 49, United States Code, is amended--
        (1) by redesignating subsection (c) as subsection (e); and
        (2) by inserting after subsection (b) the following:
    ``(c) Modal Security Plan for Aviation.--In addition to the 
requirements set forth in subparagraphs (B) through (F) of section 
114(t)(3), the modal security plan for aviation prepared under section 
114(t) shall--
        ``(1) establish a damage mitigation and recovery plan for the 
    aviation system in the event of a terrorist attack; and
        ``(2) include a threat matrix document that outlines each 
    threat to the United States civil aviation system and the 
    corresponding layers of security in place to address such threat.
    ``(d) Operational Criteria.--Not later than 90 days after the date 
of the submission of the National Strategy for Transportation Security 
under section 114(t)(4)(A), the Assistant Secretary of Homeland 
Security (Transportation Security Administration) shall issue 
operational criteria to protect airport infrastructure and operations 
against the threats identified in the plans prepared under section 
114(t)(1) and shall approve best practices guidelines for airport 
assets.''.

                     Subtitle B--Aviation Security

SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.
    (a) Use of Biometric Identifier Technology.--Section 44903(h) of 
title 49, United States Code, is amended--
        (1) in paragraph (4)(E) by striking ``may provide for'' and 
    inserting ``shall issue, not later than March 31, 2005, guidance 
    for''; and
        (2) by adding at the end the following:
        ``(5) Use of biometric technology in airport access control 
    systems.--In issuing guidance under paragraph (4)(E), the Assistant 
    Secretary of Homeland Security (Transportation Security 
    Administration) in consultation with representatives of the 
    aviation industry, the biometric identifier industry, and the 
    National Institute of Standards and Technology, shall establish, at 
    a minimum--
            ``(A) comprehensive technical and operational system 
        requirements and performance standards for the use of biometric 
        identifier technology in airport access control systems 
        (including airport perimeter access control systems) to ensure 
        that the biometric identifier systems are effective, reliable, 
        and secure;
            ``(B) a list of products and vendors that meet the 
        requirements and standards set forth in subparagraph (A);
            ``(C) procedures for implementing biometric identifier 
        systems--
                ``(i) to ensure that individuals do not use an assumed 
            identity to enroll in a biometric identifier system; and
                ``(ii) to resolve failures to enroll, false matches, 
            and false non-matches; and
            ``(D) best practices for incorporating biometric identifier 
        technology into airport access control systems in the most 
        effective manner, including a process to best utilize existing 
        airport access control systems, facilities, and equipment and 
        existing data networks connecting airports.
        ``(6) Use of biometric technology for law enforcement officer 
    travel.--
            ``(A) In general.--Not later than 120 days after the date 
        of enactment of this paragraph, the Assistant Secretary, in 
        consultation with the Attorney General, shall--
                ``(i) establish a law enforcement officer travel 
            credential that incorporates biometric identifier 
            technology and is uniform across all Federal, State, local, 
            tribal, and territorial government law enforcement 
            agencies;
                ``(ii) establish a process by which the travel 
            credential will be used to verify the identity of a 
            Federal, State, local, tribal, or territorial law 
            enforcement officer seeking to carry a weapon on board an 
            aircraft, without unnecessarily disclosing to the public 
            that the individual is a law enforcement officer;
                ``(iii) establish procedures--

                    ``(I) to ensure that only Federal, State, local, 
                tribal, and territorial government law enforcement 
                officers are issued a law enforcement travel 
                credential;
                    ``(II) to resolve failures to enroll, false 
                matches, and false non-matches relating to use of the 
                law enforcement travel credential; and
                    ``(III) to invalidate any law enforcement travel 
                credential that is lost, stolen, or no longer 
                authorized for use;

                ``(iv) begin issuance of the travel credential to each 
            Federal, State, local, tribal, or territorial government 
            law enforcement officer authorized by the Assistant 
            Secretary to carry a weapon on board an aircraft; and
                ``(v) take such other actions with respect to the 
            travel credential as the Assistant Secretary considers 
            appropriate.
            ``(B) Funding.--There is authorized to be appropriated such 
        sums as may be necessary to carry out this paragraph.
        ``(7) Definitions.--In this subsection, the following 
    definitions apply:
            ``(A) Biometric identifier information.--The term 
        `biometric identifier information' means the distinct physical 
        or behavioral characteristics of an individual that are used 
        for unique identification, or verification of the identity, of 
        an individual.
            ``(B) Biometric identifier.--The term `biometric 
        identifier' means a technology that enables the automated 
        identification, or verification of the identity, of an 
        individual based on biometric information.
            ``(C) Failure to enroll.--The term `failure to enroll' 
        means the inability of an individual to enroll in a biometric 
        identifier system due to an insufficiently distinctive 
        biometric sample, the lack of a body part necessary to provide 
        the biometric sample, a system design that makes it difficult 
        to provide consistent biometric identifier information, or 
        other factors.
            ``(D) False match.--The term `false match' means the 
        incorrect matching of one individual's biometric identifier 
        information to another individual's biometric identifier 
        information by a biometric identifier system.
            ``(E) False non-match.--The term `false non-match' means 
        the rejection of a valid identity by a biometric identifier 
        system.
            ``(F) Secure area of an airport.--The term `secure area of 
        an airport' means the sterile area and the Secure 
        Identification Display Area of an airport (as such terms are 
        defined in section 1540.5 of title 49, Code of Federal 
        Regulations, or any successor regulation to such section).''.
    (b) Aviation Security Research and Development.--There is 
authorized to be appropriated to the Secretary of Homeland Security for 
the use of the Transportation Security Administration $20,000,000, in 
addition to any amounts otherwise authorized by law, for research and 
development of advanced biometric technology applications to aviation 
security, including mass identification technology.
    (c) Sense of Congress on Transfer of Technology.--It is the sense 
of Congress that the national intelligence community and the Department 
of Homeland Security should share information on and technological 
advancements to biometric systems, biometric technology, and biometric 
identifier systems obtained through research and development programs 
conducted by various Federal agencies.
    (d) Biometric Center of Excellence.--There is authorized to be 
appropriated $1,000,000, in addition to any amounts otherwise 
authorized by law, for the establishment of a competitive center of 
excellence that will develop and expedite the Federal Government's use 
of biometric identifiers.
SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING.
    (a) In General.--
        (1) Domestic flights.--Section 44903(j)(2) of title 49, United 
    States Code, is amended by adding at the end the following:
            ``(C) Advanced airline passenger prescreening.--
                ``(i) Commencement of testing.--Not later than January 
            1, 2005, the Assistant Secretary of Homeland Security 
            (Transportation Security Administration), or the designee 
            of the Assistant Secretary, shall commence testing of an 
            advanced passenger prescreening system that will allow the 
            Department of Homeland Security to assume the performance 
            of comparing passenger information, as defined by the 
            Assistant Secretary, to the automatic selectee and no fly 
            lists, utilizing all appropriate records in the 
            consolidated and integrated terrorist watchlist maintained 
            by the Federal Government.
                ``(ii) Assumption of function.--Not later than 180 days 
            after completion of testing under clause (i), the Assistant 
            Secretary, or the designee of the Assistant Secretary, 
            shall begin to assume the performance of the passenger 
            prescreening function of comparing passenger information to 
            the automatic selectee and no fly lists and utilize all 
            appropriate records in the consolidated and integrated 
            terrorist watchlist maintained by the Federal Government in 
            performing that function.
                ``(iii) Requirements.--In assuming performance of the 
            function under clause (ii), the Assistant Secretary shall--

                    ``(I) establish a procedure to enable airline 
                passengers, who are delayed or prohibited from boarding 
                a flight because the advanced passenger prescreening 
                system determined that they might pose a security 
                threat, to appeal such determination and correct 
                information contained in the system;
                    ``(II) ensure that Federal Government databases 
                that will be used to establish the identity of a 
                passenger under the system will not produce a large 
                number of false positives;
                    ``(III) establish an internal oversight board to 
                oversee and monitor the manner in which the system is 
                being implemented;
                    ``(IV) establish sufficient operational safeguards 
                to reduce the opportunities for abuse;
                    ``(V) implement substantial security measures to 
                protect the system from unauthorized access;
                    ``(VI) adopt policies establishing effective 
                oversight of the use and operation of the system; and
                    ``(VII) ensure that there are no specific privacy 
                concerns with the technological architecture of the 
                system.

                ``(iv) Passenger information.--Not later than 180 days 
            after the completion of the testing of the advanced 
            passenger prescreening system, the Assistant Secretary, by 
            order or interim final rule--

                    ``(I) shall require air carriers to supply to the 
                Assistant Secretary the passenger information needed to 
                begin implementing the advanced passenger prescreening 
                system; and
                    ``(II) shall require entities that provide systems 
                and services to air carriers in the operation of air 
                carrier reservations systems to provide to air carriers 
                passenger information in possession of such entities, 
                but only to the extent necessary to comply with 
                subclause (I).

            ``(D) Screening of employees against watchlist.--The 
        Assistant Secretary of Homeland Security (Transportation 
        Security Administration), in coordination with the Secretary of 
        Transportation and the Administrator of the Federal Aviation 
        Administration, shall ensure that individuals are screened 
        against all appropriate records in the consolidated and 
        integrated terrorist watchlist maintained by the Federal 
        Government before--
                ``(i) being certificated by the Federal Aviation 
            Administration;
                ``(ii) being granted unescorted access to the secure 
            area of an airport; or
                ``(iii) being granted unescorted access to the air 
            operations area (as defined in section 1540.5 of title 49, 
            Code of Federal Regulations, or any successor regulation to 
            such section) of an airport.
            ``(E) Aircraft charter customer and lessee prescreening.--
                ``(i) In general.--Not later than 90 days after the 
            date on which the Assistant Secretary assumes the 
            performance of the advanced passenger prescreening function 
            under subparagraph (C)(ii), the Assistant Secretary shall 
            establish a process by which operators of aircraft to be 
            used in charter air transportation with a maximum takeoff 
            weight greater than 12,500 pounds and lessors of aircraft 
            with a maximum takeoff weight greater than 12,500 pounds 
            may--

                    ``(I) request the Department of Homeland Security 
                to use the advanced passenger prescreening system to 
                compare information about any individual seeking to 
                charter an aircraft with a maximum takeoff weight 
                greater than 12,500 pounds, any passenger proposed to 
                be transported aboard such aircraft, and any individual 
                seeking to lease an aircraft with a maximum takeoff 
                weight greater than 12,500 pounds to the automatic 
                selectee and no fly lists, utilizing all appropriate 
                records in the consolidated and integrated terrorist 
                watchlist maintained by the Federal Government; and
                    ``(II) refuse to charter or lease an aircraft with 
                a maximum takeoff weight greater than 12,500 pounds to 
                or transport aboard such aircraft any persons 
                identified on such watch list.

                ``(ii) Requirements.--The requirements of subparagraph 
            (C)(iii) shall apply to this subparagraph.
                ``(iii) No fly and automatic selectee lists.--The 
            Secretary of Homeland Security, in consultation with the 
            Terrorist Screening Center, shall design and review, as 
            necessary, guidelines, policies, and operating procedures 
            for the collection, removal, and updating of data 
            maintained, or to be maintained, in the no fly and 
            automatic selectee lists.
            ``(F) Applicability.--Section 607 of the Vision 100--
        Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 
        117 Stat. 2568) shall not apply to the advanced passenger 
        prescreening system established under subparagraph (C).
            ``(G) Appeal procedures.--
                ``(i) In general.--The Assistant Secretary shall 
            establish a timely and fair process for individuals 
            identified as a threat under one or more of subparagraphs 
            (C), (D), and (E) to appeal to the Transportation Security 
            Administration the determination and correct any erroneous 
            information.
                ``(ii) Records.--The process shall include the 
            establishment of a method by which the Assistant Secretary 
            will be able to maintain a record of air passengers and 
            other individuals who have been misidentified and have 
            corrected erroneous information. To prevent repeated delays 
            of misidentified passengers and other individuals, the 
            Transportation Security Administration record shall contain 
            information determined by the Assistant Secretary to 
            authenticate the identity of such a passenger or 
            individual.
            ``(H) Definition.--In this paragraph, the term `secure area 
        of an airport' means the sterile area and the Secure 
        Identification Display Area of an airport (as such terms are 
        defined in section 1540.5 of title 49, Code of Federal 
        Regulations, or any successor regulation to such section).''.
        (2) International flights.--Section 44909(c) of title 49, 
    United States Code, is amended--
            (A) by striking ``paragraph (5),'' in paragraph (4) and 
        inserting ``paragraphs (5) and (6),''; and
            (B) by adding at the end the following:
        ``(6) Prescreening international passengers.--
            ``(A) In general.--Not later than 60 days after date of 
        enactment of this paragraph, the Secretary of Homeland 
        Security, or the designee of the Secretary, shall issue a 
        notice of proposed rulemaking that will allow the Department of 
        Homeland Security to compare passenger information for any 
        international flight to or from the United States against the 
        consolidated and integrated terrorist watchlist maintained by 
        the Federal Government before departure of the flight.
            ``(B) Appeal procedures.--
                ``(i) In general.--The Secretary of Homeland Security 
            shall establish a timely and fair process for individuals 
            identified as a threat under subparagraph (A) to appeal to 
            the Department of Homeland Security the determination and 
            correct any erroneous information.
                ``(ii) Records.--The process shall include the 
            establishment of a method by which the Secretary will be 
            able to maintain a record of air passengers and other 
            individuals who have been misidentified and have corrected 
            erroneous information. To prevent repeated delays of 
            misidentified passengers and other individuals, the 
            Department of Homeland Security record shall contain 
            information determined by the Secretary to authenticate the 
            identity of such a passenger or individual.''.
    (b) Report on Effects on Privacy and Civil Liberties.--
        (1) Requirement for report.--Not later than 180 days after the 
    date of the enactment of this Act, the Security Privacy Officer of 
    the Department of Homeland Security shall submit a report assessing 
    the impact of the automatic selectee and no fly lists on privacy 
    and civil liberties to the Committee on the Judiciary, the 
    Committee on Homeland Security and Governmental Affairs, and the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on the Judiciary, the Committee on Government 
    Reform, the Committee on Transportation and Infrastructure, and the 
    Select Committee on Homeland Security of the House of 
    Representatives.
        (2) Content.--The report submitted under paragraph (1) shall 
    include--
            (A) any recommendations for practices, procedures, 
        regulations, or legislation that the Security Privacy Officer 
        considers necessary to minimize adverse effects of automatic 
        selectee and no fly lists on privacy, discrimination, due 
        process, and other civil liberties;
            (B) a discussion of the implications of applying those 
        lists to other modes of transportation; and
            (C) the effect that implementation of the recommendations 
        would have on the effectiveness of the use of such lists to 
        protect the United States against terrorist attacks.
        (3) Form.--To the greatest extent consistent with the 
    protection of law enforcement-sensitive information and classified 
    information, and the administration of applicable law, the report 
    shall be submitted in unclassified form and shall be available to 
    the public. The report may contain a classified annex if necessary.
    (c) Report on Criteria for Consolidated Terrorist Watch List.--
        (1) In general.--Within 180 days after the date of enactment of 
    this Act, the Director of National Intelligence, in consultation 
    with the Secretary of Homeland Security, the
    Secretary of State, and the Attorney General, shall submit to 
    Congress a report on the Terrorist Screening Center consolidated 
    screening watch list.
        (2) Contents.--The report shall include--
            (A) the criteria for placing the name of an individual on 
        the watch list;
            (B) the minimum standards for reliability and accuracy of 
        identifying information;
            (C) the degree of information certainty and the range of 
        threat levels that are to be identified for an individual; and
            (D) the range of applicable consequences that are to apply 
        to an individual, if located.
        (3) Form.--To the greatest extent consistent with the 
    protection of law enforcement-sensitive information and classified 
    information and the administration of applicable law, the report 
    shall be submitted in unclassified form and shall be available to 
    the public. The report may contain a classified annex if necessary.
SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIRPORT 
SCREENING CHECKPOINTS.
    (a) In General.--Subchapter I of chapter 449, of title 49, United 
States Code, is amended by adding at the end the following:

``Sec. 44925. Deployment and use of detection equipment at airport 
            screening checkpoints

    ``(a) Weapons and Explosives.--The Secretary of Homeland Security 
shall give a high priority to developing, testing, improving, and 
deploying, at airport screening checkpoints, equipment that detects 
nonmetallic, chemical, biological, and radiological weapons, and 
explosives, in all forms, on individuals and in their personal 
property. The Secretary shall ensure that the equipment alone, or as 
part of an integrated system, can detect under realistic operating 
conditions the types of weapons and explosives that terrorists would 
likely try to smuggle aboard an air carrier aircraft.
    ``(b) Strategic Plan for Deployment and Use of Explosive Detection 
Equipment at Airport Screening Checkpoints.--
        ``(1) In general.--Not later than 90 days after the date of 
    enactment of this section, the Assistant Secretary of Homeland 
    Security (Transportation Security Administration) shall submit to 
    the appropriate congressional committees a strategic plan to 
    promote the optimal utilization and deployment of explosive 
    detection equipment at airports to screen individuals and their 
    personal property. Such equipment includes walk-through explosive 
    detection portals, document scanners, shoe scanners, and 
    backscatter x-ray scanners. The plan may be submitted in a 
    classified format.
        ``(2) Content.--The strategic plan shall include, at minimum--
            ``(A) a description of current efforts to detect explosives 
        in all forms on individuals and in their personal property;
            ``(B) a description of the operational applications of 
        explosive detection equipment at airport screening checkpoints;
            ``(C) a deployment schedule and a description of the 
        quantities of equipment needed to implement the plan;
            ``(D) a description of funding needs to implement the plan, 
        including a financing plan that provides for leveraging of non-
        Federal funding;
            ``(E) a description of the measures taken and anticipated 
        to be taken in carrying out subsection (d); and
            ``(F) a description of any recommended legislative actions.
    ``(c) Portal Detection Systems.--There is authorized to be 
appropriated to the Secretary of Homeland Security for the use of the 
Transportation Security Administration $250,000,000, in addition to any 
amounts otherwise authorized by law, for research, development, and 
installation of detection systems and other devices for the detection 
of biological, chemical, radiological, and explosive materials.
    ``(d) Interim Action.--Until measures are implemented that enable 
the screening of all passengers for explosives, the Assistant Secretary 
shall provide, by such means as the Assistant Secretary considers 
appropriate, explosives detection screening for all passengers 
identified for additional screening and their personal property that 
will be carried aboard a passenger aircraft operated by an air carrier 
or foreign air carrier in air transportation or intrastate air 
transportation.''.
    (b) Conforming Amendment.--The analysis for chapter 449 of title 
49, United States Code, is amended by inserting after the item relating 
to section 44924 the following:

``44925. Deployment and use of detection equipment at airport screening 
          checkpoints.''.
SEC. 4014. ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES.
    (a) Advanced Integrated Airport Checkpoint Screening System Pilot 
Program.--Not later than March 31, 2005, the Assistant Secretary of 
Homeland Security (Transportation Security Administration) shall 
develop and initiate a pilot program to deploy and test advanced 
airport checkpoint screening devices and technology as an integrated 
system at not less than 5 airports in the United States.
    (b) Funding.--Of the amounts appropriated pursuant to section 
48301(a) of title 49, United States Code, for each of fiscal years 2005 
and 2006, not more than $150,000,000 shall be available to carry out 
subsection (a).
SEC. 4015. IMPROVEMENT OF SCREENER JOB PERFORMANCE.
    (a) Required Action.--The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall take such action as may 
be necessary to improve the job performance of airport screening 
personnel.
    (b) Human Factors Study.--In carrying out this section, the 
Assistant Secretary shall provide, not later than 180 days after the 
date of the enactment of this Act, to the appropriate congressional 
committees a report on the results of any human factors study conducted 
by the Department of Homeland Security to better understand problems in 
screener performance and to improve screener performance.

SEC. 4016. FEDERAL AIR MARSHALS.

    (a) Federal Air Marshal Anonymity.--The Director of the Federal Air 
Marshal Service of the Department of Homeland Security shall continue 
operational initiatives to protect the anonymity of Federal air 
marshals.
    (b) Authorization of Additional Appropriations.--There is 
authorized to be appropriated to the Secretary of Homeland Security for 
the use of the Bureau of Immigration and Customs Enforcement, in 
addition to any amounts otherwise authorized by law, for the deployment 
of Federal air marshals under section 44917 of title 49, United States 
Code, $83,000,000 for the 3 fiscal-year period beginning with fiscal 
year 2005. Such sums shall remain available until expended.
    (c) Federal Law Enforcement Counterterrorism Training.--
        (1) Availability of information.--The Assistant Secretary for 
    Immigration and Customs Enforcement and the Director of Federal Air 
    Marshal Service of the Department of Homeland Security, shall make 
    available, as practicable, appropriate information on in-flight 
    counterterrorism and weapons handling procedures and tactics 
    training to Federal law enforcement officers who fly while in 
    possession of a firearm.
        (2) Identification of fraudulent documents.--The Assistant 
    Secretary for Immigration and Customs Enforcement and the Director 
    of Federal Air Marshal Service of the Department of Homeland 
    Security, in coordination with the Assistant Secretary of Homeland 
    Security (Transportation Security Administration), shall ensure 
    that Transportation Security Administration screeners and Federal 
    air marshals receive training in identifying fraudulent 
    identification documents, including fraudulent or expired visas and 
    passports. Such training shall also be made available to other 
    Federal law enforcement agencies and local law enforcement agencies 
    located in a State that borders Canada or Mexico.
SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF 
FEDERAL AIR MARSHALS.
    The President is encouraged to pursue aggressively international 
agreements with foreign governments to allow the maximum deployment of 
Federal air marshals on international flights.
SEC. 4018. FOREIGN AIR MARSHAL TRAINING.
    Section 44917 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Training for Foreign Law Enforcement Personnel.--
        ``(1) In general.--The Assistant Secretary for Immigration and 
    Customs Enforcement of the Department of Homeland Security, after 
    consultation with the Secretary of State, may direct the Federal 
    Air Marshal Service to provide appropriate air marshal training to 
    law enforcement personnel of foreign countries.
        ``(2) Watchlist screening.--The Federal Air Marshal Service may 
    only provide appropriate air marshal training to law enforcement 
    personnel of foreign countries after comparing the identifying 
    information and records of law enforcement personnel of foreign 
    countries against all appropriate records in the consolidated and 
    integrated terrorist watchlists maintained by the Federal 
    Government.
        ``(3) Fees.--The Assistant Secretary shall establish reasonable 
    fees and charges to pay expenses incurred in carrying out this 
    subsection. Funds collected under this subsection shall be credited 
    to the account in the Treasury from which the expenses were 
    incurred and shall be available to the Assistant Secretary for 
    purposes for which amounts in such account are available.''.
SEC. 4019. IN-LINE CHECKED BAGGAGE SCREENING.
    (a) In-Line Baggage Screening Equipment.--The Assistant Secretary 
of Homeland Security (Transportation Security Administration) shall 
take such action as may be necessary to expedite the installation and 
use of in-line baggage screening equipment at airports at which 
screening is required by section 44901 of title 49, United States Code.
    (b) Schedule.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall submit to the 
appropriate congressional committees a schedule to expedite the 
installation and use of in-line baggage screening equipment at such 
airports, with an estimate of the impact that such equipment, facility 
modification, and baggage conveyor placement will have on staffing 
needs and levels related to aviation security.
    (c) Replacement of Trace-Detection Equipment.--Not later than 180 
days after the date of enactment of this Act, the Assistant Secretary 
shall establish and submit to the appropriate congressional committees 
a schedule for replacing trace-detection equipment, as soon as 
practicable and where appropriate, with explosive detection system 
equipment.
    (d) Cost-Sharing Study.--The Secretary of Homeland Security, in 
consultation with representatives of air carriers, airport operators, 
and other interested parties, shall submit to the appropriate 
congressional committees, in conjunction with the submission of the 
budget for fiscal year 2006 to Congress under section 1105(a) of title 
31, United States Code--
        (1) a proposed formula for cost-sharing among the Federal 
    Government, State and local governments, and the private sector for 
    projects to install in-line baggage screening equipment that 
    reflects the benefits that each of such entities derive from such 
    projects, including national security benefits and labor and other 
    cost savings;
        (2) recommendations, including recommended legislation, for an 
    equitable, feasible, and expeditious system for defraying the costs 
    of the in-line baggage screening equipment authorized by this 
    title; and
        (3) the results of a review of innovative financing approaches 
    and possible cost savings associated with the installation of in-
    line baggage screening equipment at airports.
    (e) Authorization for Expiring and New LOIs.--
        (1) In general.--Section 44923(i) of title 49, United States 
    Code, is amended by striking ``$250,000,000 for each of fiscal 
    years 2004 through 2007.'' and inserting ``$400,000,000 for each of 
    fiscal years 2005, 2006, and 2007.''.
        (2) Period of reimbursement.--Notwithstanding any other 
    provision of law, the Secretary may provide that the period of 
    reimbursement under any letter of intent may extend for a period 
    not to exceed 10 years after the date that the Secretary issues 
    such letter, subject to the availability of appropriations. This 
    paragraph applies to letters of intent issued under section 44923 
    of title 49, United States Code, and letters of intent issued under 
    section 367 of the Department of Transportation and Related 
    Agencies Appropriation Act, 2003 (49 U.S.C. 47110 note).
SEC. 4020. CHECKED BAGGAGE SCREENING AREA MONITORING.
    (a) In General.--The Under Secretary for Border and Transportation 
Security of the Department of Homeland Security shall provide, subject 
to the availability of funds, assistance to airports at which screening 
is required by section 44901 of title 49, United States Code, and that 
have checked baggage screening areas that are not open to public view 
in the acquisition and installation of security monitoring cameras for 
surveillance of such areas in order to deter theft from checked baggage 
and to aid in the speedy resolution of liability claims against the 
Transportation Security Administration.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Homeland Security for fiscal year 2005 
such sums as may be necessary to carry out this section. Such sums 
shall remain available until expended.
SEC. 4021. WIRELESS COMMUNICATION.
    (a) Study.--The Assistant Secretary of Homeland Security 
(Transportation Security Administration), in consultation with the 
Administrator of the Federal Aviation Administration, shall conduct a 
study to determine the viability of providing devices or methods, 
including wireless methods, to enable a flight crew to discreetly 
notify the pilot in the case of a security breach or safety issue 
occurring in the cabin.
    (b) Matters To Be Considered.--In conducting the study, the 
Transportation Security Administration and the Federal Aviation 
Administration shall consider technology that is readily available and 
can be quickly integrated and customized for use aboard aircraft for 
flight crew communication.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Transportation Security Administration shall submit to 
the appropriate congressional committees a report on the results of the 
study.
SEC. 4022. IMPROVED PILOT LICENSES.
    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall begin to issue improved pilot licenses consistent 
with the requirements of title 49, United States Code, and title 14, 
Code of Federal Regulations.
    (b) Requirements.--Improved pilots licenses issued under subsection 
(a) shall--
        (1) be resistant to tampering, alteration, and counterfeiting;
        (2) include a photograph of the individual to whom the license 
    is issued; and
        (3) be capable of accommodating a digital photograph, a 
    biometric identifier, or any other unique identifier that the 
    Administrator considers necessary.
    (c) Tampering.--To the extent practical, the Administrator shall 
develop methods to determine or reveal whether any component or 
security feature of a license issued under subsection (a) has been 
tampered, altered, or counterfeited.
    (d) Use of Designees.--The Administrator may use designees to carry 
out subsection (a) to the extent feasible in order to minimize the 
burdens on pilots.

SEC. 4023. AVIATION SECURITY STAFFING.

    (a) Aviation Security Staffing.--Not later than 90 days after the 
date of enactment of this Act, the Assistant Secretary of Homeland 
Security (Transportation Security Administration) shall develop and 
submit to the appropriate congressional committees standards for 
determining the aviation security staffing for all airports at which 
screening is required under section 44901 of title 49, United States 
Code, necessary to--
        (1) provide necessary levels of aviation security; and
        (2) ensure that the average aviation security-related delay 
    experienced by airline passengers is minimized.
    (b) GAO Analysis.--As soon as practicable after the date on which 
the Assistant Secretary has developed standards under subsection (a), 
the Comptroller General shall conduct an expedited analysis of, and 
submit a report to the appropriate congressional committees on, the 
standards for effectiveness, administrability, ease of compliance, and 
consistency with the requirements of existing law.
    (c) Integration of Federal Airport Workforce and Aviation 
Security.--The Secretary of Homeland Security shall conduct a study of 
the feasibility of combining operations of Federal employees involved 
in screening at commercial airports and aviation security-related 
functions under the authority of the Department of Homeland Security in 
order to coordinate security-related activities, increase the 
efficiency and effectiveness of those activities, and increase 
commercial air transportation security.
SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS.
    (a) Plan and Guidelines.--The Assistant Secretary of Homeland 
Security (Transportation Security Administration) shall develop a plan 
and guidelines for implementing improved explosive detection system 
equipment.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Homeland Security for the use of the 
Transportation Security Administration $100,000,000, in addition to any 
amounts otherwise authorized by law, for the purpose of research and 
development of improved explosive detection systems for aviation 
security under section 44913 of title 49, United States Code.

SEC. 4025. PROHIBITED ITEMS LIST.

    Not later than 60 days after the date of enactment of this Act, the 
Assistant Secretary for Homeland Security (Transportation Security 
Administration) shall complete a review of the list of items prohibited 
from being carried aboard a passenger aircraft operated by an air 
carrier or foreign air carrier in air transportation or intrastate air 
transportation set forth in section 1540 of title 49, Code of Federal 
Regulations, and shall release a revised list that includes--
        (1) butane lighters; and
        (2) any other modification that the Assistant Secretary 
    considers appropriate.
SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
    (a) United States Policy on Nonproliferation and Export Control.--
        (1) To limit availability and transfer of manpads.--The 
    President shall pursue, on an urgent basis, further strong 
    international diplomatic and cooperative efforts, including 
    bilateral and multilateral treaties, in the appropriate forum to 
    limit the availability, transfer, and proliferation of MANPADSs 
    worldwide.
        (2) To limit the proliferation of manpads.--The President is 
    encouraged to seek to enter into agreements with the governments of 
    foreign countries that, at a minimum, would--
            (A) prohibit the entry into force of a MANPADS 
        manufacturing license agreement and MANPADS co-production 
        agreement, other than the entry into force of a manufacturing 
        license or co-production agreement with a country that is party 
        to such an agreement;
            (B) prohibit, except pursuant to transfers between 
        governments, the export of a MANPADS, including any component, 
        part, accessory, or attachment thereof, without an individual 
        validated license; and
            (C) prohibit the reexport or retransfer of a MANPADS, 
        including any component, part, accessory, or attachment 
        thereof, to a third person, organization, or government unless 
        the written consent of the government that approved the 
        original export or transfer is first obtained.
        (3) To achieve destruction of manpads.--The President should 
    continue to pursue further strong international diplomatic and 
    cooperative efforts, including bilateral and multilateral treaties, 
    in the appropriate forum to assure the destruction of excess, 
    obsolete, and illicit stocks of MANPADSs worldwide.
        (4) Reporting and briefing requirement.--
            (A) President's report.--Not later than 180 days after the 
        date of enactment of this Act, the President shall transmit to 
        the appropriate congressional committees a report that contains 
        a detailed description of the status of diplomatic efforts 
        under paragraphs (1), (2), and (3) and of efforts by the 
        appropriate United States agencies to comply with the 
        recommendations of the General Accounting Office set forth in 
        its report GAO-04-519, entitled ``Nonproliferation: Further 
        Improvements Needed in U.S. Efforts to Counter Threats from 
        Man-Portable Air Defense Systems''.
            (B) Annual briefings.--Annually after the date of 
        submission of the report under subparagraph (A) and until 
        completion of the diplomatic and compliance efforts referred to 
        in subparagraph (A), the Secretary of State shall brief the 
        appropriate congressional committees on the status of such 
        efforts.
    (b) FAA Airworthiness Certification of Missile Defense Systems for 
Commercial Aircraft.--
        (1) In general.--As soon as practicable, but not later than the 
    date of completion of Phase II of the Department of Homeland 
    Security's counter-man-portable air defense system (MANPADS) 
    development and demonstration program, the Administrator of the 
    Federal Aviation Administration shall establish a process for 
    conducting airworthiness and safety certification of missile 
    defense systems for commercial aircraft certified as effective and 
    functional by the Department of Homeland Security. The process 
    shall require a certification by the Administrator that such 
    systems can be safely integrated into aircraft systems and ensure 
    airworthiness and aircraft system integrity.
        (2) Certification acceptance.--Under the process, the 
    Administrator shall accept the certification of the Department of 
    Homeland Security that a missile defense system is effective and 
    functional to defend commercial aircraft against MANPADSs.
        (3) Expeditious certification.--Under the process, the 
    Administrator shall expedite the airworthiness and safety 
    certification of missile defense systems for commercial aircraft 
    certified by the Department of Homeland Security.
        (4) Reports.--Not later than 90 days after the first 
    airworthiness and safety certification for a missile defense system 
    for commercial aircraft is issued by the Administrator, and 
    annually thereafter until December 31, 2008, the Federal Aviation 
    Administration shall transmit to the Committee on Transportation 
    and Infrastructure of the House of Representatives and the 
    Committee on Commerce, Science, and Transportation of the Senate a 
    report that contains a detailed description of each airworthiness 
    and safety certification issued for a missile defense system for 
    commercial aircraft.
    (c) Programs to Reduce MANPADS.--
        (1) In general.--The President is encouraged to pursue strong 
    programs to reduce the number of MANPADSs worldwide so that fewer 
    MANPADSs will be available for trade, proliferation, and sale.
        (2) Reporting and briefing requirements.--Not later than 180 
    days after the date of enactment of this Act, the President shall 
    transmit to the appropriate congressional committees a report that 
    contains a detailed description of the status of the programs being 
    pursued under subsection (a). Annually thereafter until the 
    programs are no longer needed, the Secretary of State shall brief 
    the appropriate congressional committees on the status of programs.
        (3) Funding.--There is authorized to be appropriated such sums 
    as may be necessary to carry out this section.
    (d) MANPADS Vulnerability Assessments Report.--
        (1) In general.--Not later than one year after the date of 
    enactment of this Act, the Secretary of Homeland Security shall 
    transmit to the Committee on Transportation and Infrastructure of 
    the House of Representatives and the Committee on Commerce, 
    Science, and Transportation of the Senate a report describing the 
    Department of Homeland Security's plans to secure airports and the 
    aircraft arriving and departing from airports against MANPADSs 
    attacks.
        (2) Matters to be addressed.--The Secretary's report shall 
    address, at a minimum, the following:
            (A) The status of the Department's efforts to conduct 
        MANPADSs vulnerability assessments at United States airports at 
        which the Department is conducting assessments.
            (B) How intelligence is shared between the United States 
        intelligence agencies and Federal, State, and local law 
        enforcement to address the MANPADS threat and potential ways to 
        improve such intelligence sharing.
            (C) Contingency plans that the Department has developed in 
        the event that it receives intelligence indicating a high 
        threat of a MANPADS attack on aircraft at or near United States 
        airports.
            (D) The feasibility and effectiveness of implementing 
        public education and neighborhood watch programs in areas 
        surrounding United States airports in cases in which 
        intelligence reports indicate there is a high risk of MANPADS 
        attacks on aircraft.
            (E) Any other issues that the Secretary deems relevant.
        (3) Format.--The report required by this subsection may be 
    submitted in a classified format.
    (e) Definitions.--In this section, the following definitions apply:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means--
            (A) the Committee on Armed Services, the Committee on 
        International Relations, and the Committee on Transportation 
        and Infrastructure of the House of Representatives; and
            (B) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Commerce, Science, and 
        Transportation of the Senate.
        (2) MANPADS.--The term ``MANPADS'' means--
            (A) a surface-to-air missile system designed to be man-
        portable and carried and fired by a single individual; and
            (B) any other surface-to-air missile system designed to be 
        operated and fired by more than one individual acting as a crew 
        and portable by several individuals.

SEC. 4027. TECHNICAL CORRECTIONS.

    (a) Administrative Imposition of Penalties.--Section 46301(d) of 
title 49, United States Code, is amended--
        (1) in the first sentence of paragraph (2) by striking ``46302, 
    46303,'' and inserting ``46302 (for a violation relating to section 
    46504),'';
        (2) in the second sentence of paragraph (2)--
            (A) by striking ``Under Secretary of Transportation for 
        Security'' and inserting ``Secretary of Homeland Security''; 
        and
            (B) by striking ``44909)'' and inserting ``44909), 46302 
        (except for a violation relating to section 46504), 46303,'';
        (3) in paragraphs (2), (3), and (4) by striking ``Under 
    Secretary or'' each place it occurs and inserting ``Secretary of 
    Homeland Security or''; and
        (4) in paragraph (4)(A) by moving clauses (i), (ii), and (iii) 
    2 ems to the left.
    (b) Compromise and Setoff for False Information.--Section 
46302(b)(1) of title 49, United States Code, is amended by striking 
``Secretary of Transportation'' and inserting ``Secretary of Homeland 
Security and, for a violation relating to section 46504, the Secretary 
of Transportation,''.
    (c) Carrying a Weapon.--Section 46303 of title 49, United States 
Code, is amended--
        (1) in subsection (b)(1) by striking ``Secretary of 
    Transportation'' and inserting ``Secretary of Homeland Security''; 
    and
        (2) in subsection (c)(2) by striking ``Under Secretary of 
    Transportation for Security'' and inserting ``Secretary of Homeland 
    Security''.
SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS.
    Not later than 6 months after the date of the enactment of this 
Act, the Assistant Secretary of Homeland Security (Transportation 
Security Administration) shall submit to the appropriate congressional 
committees a report on the costs and benefits associated with the use 
of secondary flight deck barriers, including the recommendation of the 
Assistant Secretary whether or not the use of such barriers should be 
mandated for all air carriers. The report may be submitted in a 
classified form.
SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
    Section 48301(a) of title 49, United States Code, is amended by 
striking ``and 2005'' and inserting ``2005, and 2006''.

                     Subtitle C--Air Cargo Security

SEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT CARGO AND 
BAGGAGE CONTAINERS.
    (a) In General.--Beginning not later than 180 days after the date 
of enactment of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall carry out a pilot 
program to evaluate the use of blast-resistant containers for cargo and 
baggage on passenger aircraft to minimize the potential effects of 
detonation of an explosive device.
    (b) Incentives for Participation in Pilot Program.--
        (1) In general.--As part of the pilot program, the Assistant 
    Secretary shall provide incentives to air carriers to volunteer to 
    test the use of blast-resistant containers for cargo and baggage on 
    passenger aircraft.
        (2) Applications.--To volunteer to participate in the incentive 
    program, an air carrier shall submit to the Assistant Secretary an 
    application that is in such form and contains such information as 
    the Assistant Secretary requires.
        (3) Types of incentives.--Incentives provided by the Assistant 
    Secretary to air carriers that volunteer to participate in the 
    pilot program shall include the use of, and financial assistance to 
    cover increased costs to the carriers associated with the use and 
    maintenance of, blast-resistant containers, including increased 
    fuel costs.
    (c) Technological Improvements.--The Secretary of Homeland 
Security, in cooperation with the Secretary of Transportation, shall 
support efforts to explore alternative technologies for minimizing the 
potential effects of detonation of an explosive device on cargo and 
passenger aircraft.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsections (a) and (b) $2,000,000. Such sum 
shall remain available until expended.

SEC. 4052. AIR CARGO SECURITY.

    (a) Air Cargo Screening Technology.--The Assistant Secretary of 
Homeland Security (Transportation Security Administration) shall 
develop technology to better identify, track, and screen air cargo.
    (b) Improved Air Cargo and Airport Security.--There is authorized 
to be appropriated to the Secretary of Homeland Security for the use of 
the Transportation Security Administration, in addition to any amounts 
otherwise authorized by law, for the purpose of improving aviation 
security related to the transportation of cargo on both passenger 
aircraft and all-cargo aircraft--
        (1) $200,000,000 for fiscal year 2005;
        (2) $200,000,000 for fiscal year 2006; and
        (3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
    (c) Research, Development, and Deployment.--To carry out subsection 
(a), there is authorized to be appropriated to the Secretary, in 
addition to any amounts otherwise authorized by law, for research and 
development related to enhanced air cargo security technology as well 
as for deployment and installation of enhanced air cargo security 
technology--
        (1) $100,000,000 for fiscal year 2005;
        (2) $100,000,000 for fiscal year 2006; and
        (3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
    (d) Advanced Cargo Security Grants.--
        (1) In general.--The Secretary shall establish and carry out a 
    program to issue competitive grants to encourage the development of 
    advanced air cargo security technology, including use of innovative 
    financing or other means of funding such activities. The Secretary 
    may make available funding for this purpose from amounts 
    appropriated pursuant to subsection (c).
        (2) Eligibility criteria, etc.--The Secretary shall establish 
    such eligibility criteria, establish such application and 
    administrative procedures, and provide for such matching funding 
    requirements, if any, as may be necessary and appropriate to ensure 
    that the technology is deployed as fully and rapidly as possible.
SEC. 4053. AIR CARGO SECURITY REGULATIONS.
    Not later than 240 days after the date of enactment of this Act, 
the Assistant Secretary of Homeland Security (Transportation Security 
Administration) shall issue a final rule in Docket Number TSA-2004-
19515 to amend transportation security regulations to enhance and 
improve the security of air cargo transported in both passenger and 
all-cargo aircraft.
SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS.
    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security, in coordination with the 
Secretary of Defense and the Administrator of the Federal Aviation 
Administration, shall submit to the Committee on Commerce, Science, and 
Transportation and the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that contains 
the following:
        (1) A description of the current procedures in place to address 
    the threat of an inbound all-cargo aircraft from outside the United 
    States that intelligence sources indicate could carry explosive, 
    incendiary, chemical, biological, or nuclear devices.
        (2) An analysis of the potential for establishing secure 
    facilities along established international aviation routes for the 
    purposes of diverting and securing aircraft described in paragraph 
    (1).
    (b) Report Format.--The Secretary may submit all, or part, of the 
report required by this section in such a classified and redacted 
format as the Secretary determines appropriate or necessary.

                     Subtitle D--Maritime Security

SEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS.
    (a) Watch Lists.--
        (1) In general.--As soon as practicable but not later than 180 
    days after the date of the enactment of this Act, the Secretary of 
    Homeland Security shall--
            (A) implement a procedure under which the Department of 
        Homeland Security compares information about passengers and 
        crew who are to be carried aboard a cruise ship with a 
        comprehensive, consolidated database containing information 
        about known or suspected terrorists and their associates;
            (B) use the information obtained by comparing the passenger 
        and crew information with the information in the database to 
        prevent known or suspected terrorists and their associates from 
        boarding such ships or to subject them to specific additional 
        security scrutiny, through the use of ``no transport'' and 
        ``automatic selectee'' lists or other means.
        (2) Waiver.--The Secretary may waive the requirement in 
    paragraph (1)(B) with respect to cruise ships embarking at foreign 
    ports if the Secretary determines that the application of such 
    requirement to such cruise ships is impracticable.
    (b) Cooperation From Operators of Cruise Ships.--The Secretary of 
Homeland Security shall by rulemaking require operators of cruise ships 
to provide the passenger and crew information necessary to implement 
the procedure required by subsection (a).
    (c) Maintenance of Accuracy and Integrity of ``No Transport'' and 
``Automatic Selectee'' Lists.--
        (1) Watch list database.--The Secretary of Homeland Security, 
    in consultation with the Terrorist Screening Center, shall develop 
    guidelines, policies, and operating procedures for the collection, 
    removal, and updating of data maintained, or to be maintained, in 
    the ``no transport'' and ``automatic selectee'' lists described in 
    subsection (a)(1) that are designed to ensure the accuracy and 
    integrity of the lists.
        (2) Accuracy of entries.--In developing the ``no transport'' 
    and ``automatic selectee'' lists under subsection (a)(1)(B), the 
    Secretary shall establish a simple and timely method for correcting 
    erroneous entries, for clarifying information known to cause false 
    hits or misidentification errors, and for updating relevant 
    information that is dispositive in the passenger and crew screening 
    process. The Secretary shall also establish a process to provide an 
    individual whose name is confused with, or similar to, a name in 
    the watch list database with a means of demonstrating that such 
    individual is not the person named in the database.
    (d) Cruise Ship Defined.--In this section, the term ``cruise ship'' 
means a vessel on an international voyage that embarks or disembarks 
passengers at a port of United States jurisdiction to which subpart C 
of part 160 of title 33, Code of Federal Regulations, applies and that 
provides overnight accommodations.
SEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND 
ASSESSMENTS.
    (a) National Maritime Transportation Security Plan.--Section 
70103(a)(1) of title 46, United States Code, is amended by striking 
``The Secretary'' and inserting ``Not later than April 1, 2005, the 
Secretary''.
    (b) Facility and Vessel Vulnerability Assessments.--Section 
70102(b)(1) of title 46, United States Code, is amended by striking ``, 
the Secretary'' and inserting ``and by not later than December 31, 
2004, the Secretary''.
    (c) Strategic Plan Reports.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives--
        (1) a comprehensive program management plan that identifies 
    specific tasks to be completed, and deadlines for completion, for 
    the transportation security card program under section 70105 of 
    title 46, United States Code, that incorporates best practices for 
    communicating, coordinating, and collaborating with the relevant 
    stakeholders to resolve relevant issues, such as background checks;
        (2) a report on the status of negotiations under section 103(a) 
    of the Maritime Transportation Security Act of 2002 (46 U.S.C. 
    70111);
        (3) the report required by section 107(b) of the Maritime 
    Transportation Security Act of 2002 (33 U.S.C. 1226 note); and
        (4) a report on the status of the development of the system and 
    standards required by section 111 of the Maritime Transportation 
    Security Act of 2002 (46 U.S.C. 70116 note).
    (d) Other Reports.--Not later than 90 days after the date of the 
enactment of this Act--
        (1) the Secretary of Homeland Security shall submit to the 
    appropriate congressional committees--
            (A) a report on the establishment of the National Maritime 
        Security Advisory Committee under section 70112 of title 46, 
        United States Code; and
            (B) a report on the status of the program required by 
        section 70116 of title 46, United States Code, to evaluate and 
        certify secure systems of international intermodal 
        transportation;
        (2) the Secretary of Transportation shall submit to the 
    appropriate congressional committees the annual report required by 
    section 905 of the International Maritime and Port Security Act (46 
    U.S.C. App. 1802) that includes information that should have been 
    included in the last preceding annual report that was due under 
    that section; and
        (3) the Commandant of the United States Coast Guard shall 
    submit to the appropriate congressional committees the report 
    required by section 110(b) of the Maritime Transportation Security 
    Act of 2002 (46 U.S.C. 70101 note).

                     Subtitle E--General Provisions

SEC. 4081. DEFINITIONS.

    In this title (other than in sections 4001 and 4026), the following 
definitions apply:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Commerce, Science, and Transportation of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives.
        (2) Aviation definitions.--The terms ``air carrier'', ``air 
    transportation'', ``aircraft'', ``airport'', ``cargo'', ``foreign 
    air carrier'', and ``intrastate air transportation'' have the 
    meanings given such terms in section 40102 of title 49, United 
    States Code.
        (3) Secure area of an airport.--The term ``secure area of an 
    airport'' means the sterile area and the Secure Identification 
    Display Area of an airport (as such terms are defined in section 
    1540.5 of title 49, Code of Federal Regulations, or any successor 
    regulations).

SEC. 4082. EFFECTIVE DATE.

    This title shall take effect on the date of enactment of this Act.

       TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
 Subtitle A--Advanced Technology Northern Border Security Pilot Program

SEC. 5101. ESTABLISHMENT.

    The Secretary of Homeland Security may carry out a pilot program to 
test various advanced technologies that will improve border security 
between ports of entry along the northern border of the United States.

SEC. 5102. PROGRAM REQUIREMENTS.

    (a) Required Features.--The Secretary of Homeland Security shall 
design the pilot program under this subtitle to have the following 
features:
        (1) Use of advanced technological systems, including sensors, 
    video, and unmanned aerial vehicles, for border surveillance.
        (2) Use of advanced computing and decision integration software 
    for--
            (A) evaluation of data indicating border incursions;
            (B) assessment of threat potential; and
            (C) rapid real-time communication, monitoring, intelligence 
        gathering, deployment, and response.
        (3) Testing of advanced technology systems and software to 
    determine best and most cost-effective uses of advanced technology 
    to improve border security.
        (4) Operation of the program in remote stretches of border 
    lands with long distances between 24-hour ports of entry with a 
    relatively small presence of United States border patrol officers.
        (5) Capability to expand the program upon a determination by 
    the Secretary that expansion would be an appropriate and cost-
    effective means of improving border security.
    (b) Coordination With Other Agencies.--The Secretary of Homeland 
Security shall ensure that the operation of the pilot program under 
this subtitle--
        (1) is coordinated among United States, State, local, and 
    Canadian law enforcement and border security agencies; and
        (2) includes ongoing communication among such agencies.

SEC. 5103. ADMINISTRATIVE PROVISIONS.

    (a) Procurement of Advanced Technology.--The Secretary of Homeland 
Security may enter into contracts for the procurement or use of such 
advanced technologies as the Secretary determines appropriate for the 
pilot program under this subtitle.
    (b) Program Partnerships.--In carrying out the pilot program under 
this subtitle, the Secretary of Homeland Security may provide for the 
establishment of cooperative arrangements for participation in the 
pilot program by such participants as law enforcement and border 
security agencies referred to in section 5102(b), institutions of 
higher education, and private sector entities.

SEC. 5104. REPORT.

    (a) Requirement for Report.--Not later than 1 year after the date 
of enactment of this Act, the Secretary of Homeland Security shall 
submit to Congress a report on the pilot program under this subtitle.
    (b) Content.--The report under subsection (a) shall include the 
following matters:
        (1) A discussion of the implementation of the pilot program, 
    including the experience under the pilot program.
        (2) A recommendation regarding whether to expand the pilot 
    program along the entire northern border of the United States and a 
    timeline for the implementation of the expansion.

SEC. 5105. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out the pilot program under this subtitle.

             Subtitle B--Border and Immigration Enforcement

SEC. 5201. BORDER SURVEILLANCE.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the President and the appropriate committees of Congress a 
comprehensive plan for the systematic surveillance of the southwest 
border of the United States by remotely piloted aircraft.
    (b) Contents.--The plan submitted under subsection (a) shall 
include--
        (1) recommendations for establishing command and control 
    centers, operations sites, infrastructure, maintenance, and 
    procurement;
        (2) cost estimates for the implementation of the plan and 
    ongoing operations;
        (3) recommendations for the appropriate agent within the 
    Department of Homeland Security to be the executive agency for 
    remotely piloted aircraft operations;
        (4) the number of remotely piloted aircraft required for the 
    plan;
        (5) the types of missions the plan would undertake, including--
            (A) protecting the lives of people seeking illegal entry 
        into the United States;
            (B) interdicting illegal movement of people, weapons, and 
        other contraband across the border;
            (C) providing investigative support to assist in the 
        dismantling of smuggling and criminal networks along the 
        border;
            (D) using remotely piloted aircraft to serve as platforms 
        for the collection of intelligence against smugglers and 
        criminal networks along the border; and
            (E) further validating and testing of remotely piloted 
        aircraft for airspace security missions;
        (6) the equipment necessary to carry out the plan; and
        (7) a recommendation regarding whether to expand the pilot 
    program along the entire southwest border.
    (c) Implementation.--The Secretary of Homeland Security shall 
implement the plan submitted under subsection (a) as a pilot program as 
soon as sufficient funds are appropriated and available for this 
purpose.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this section.
SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
    In each of the fiscal years 2006 through 2010, the Secretary of 
Homeland Security shall, subject to the availability of appropriations 
for such purpose, increase by not less than 2,000 the number of 
positions for full-time active-duty border patrol agents within the 
Department of Homeland Security above the number of such positions for 
which funds were allotted for the preceding fiscal year. In each of the 
fiscal years 2006 through 2010, in addition to the border patrol agents 
assigned along the northern border of the United States during the 
previous fiscal year, the Secretary shall assign a number of border 
patrol agents equal to not less than 20 percent of the net increase in 
border patrol agents during each such fiscal year.
SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT 
INVESTIGATORS.
    In each of fiscal years 2006 through 2010, the Secretary of 
Homeland Security shall, subject to the availability of appropriations 
for such purpose, increase by not less than 800 the number of positions 
for full-time active duty investigators within the Department of 
Homeland Security investigating violations of immigration laws (as 
defined in section 101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17)) above the number of such positions for which funds 
were made available during the preceding fiscal year.

SEC. 5204. INCREASE IN DETENTION BED SPACE.

    (a) In General.--Subject to the availability of appropriated funds, 
the Secretary of Homeland Security shall increase by not less than 
8,000, in each of the fiscal years 2006 through 2010, the number of 
beds available for immigration detention and removal operations of the 
Department of Homeland Security above the number for which funds were 
allotted for the preceding fiscal year.
    (b) Priority.--The Secretary shall give priority for the use of 
these additional beds to the detention of individuals charged with 
removability under section 237(a)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1227(a)(4)) or inadmissibility under section 212(a)(3) of 
that Act (8 U.S.C. 1182(a)(3)).

                     Subtitle C--Visa Requirements

SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.
    (a) Requirement for Interviews.--Section 222 of the Immigration and 
Nationality Act (8 U.S.C. 1202) is amended by adding at the end the 
following new subsection:
    ``(h) Notwithstanding any other provision of this Act, the 
Secretary of State shall require every alien applying for a 
nonimmigrant visa--
        ``(1) who is at least 14 years of age and not more than 79 
    years of age to submit to an in person interview with a consular 
    officer unless the requirement for such interview is waived--
            ``(A) by a consular official and such alien is--
                ``(i) within that class of nonimmigrants enumerated in 
            subparagraph (A) or (G) of section 101(a)(15);
                ``(ii) within the NATO visa category;
                ``(iii) within that class of nonimmigrants enumerated 
            in section 101(a)(15)(C)(iii) (referred to as the `C-3 
            visa' category); or
                ``(iv) granted a diplomatic or official visa on a 
            diplomatic or official passport or on the equivalent 
            thereof;
            ``(B) by a consular official and such alien is applying for 
        a visa--
                ``(i) not more than 12 months after the date on which 
            such alien's prior visa expired;
                ``(ii) for the visa classification for which such prior 
            visa was issued;
                ``(iii) from the consular post located in the country 
            of such alien's usual residence, unless otherwise 
            prescribed in regulations that require an applicant to 
            apply for a visa in the country of which such applicant is 
            a national; and
                ``(iv) the consular officer has no indication that such 
            alien has not complied with the immigration laws and 
            regulations of the United States; or
            ``(C) by the Secretary of State if the Secretary determines 
        that such waiver is--
                ``(i) in the national interest of the United States; or
                ``(ii) necessary as a result of unusual or emergent 
            circumstances; and
        ``(2) notwithstanding paragraph (1), to submit to an in person 
    interview with a consular officer if such alien--
            ``(A) is not a national or resident of the country in which 
        such alien is applying for a visa;
            ``(B) was previously refused a visa, unless such refusal 
        was overcome or a waiver of ineligibility has been obtained;
            ``(C) is listed in the Consular Lookout and Support System 
        (or successor system at the Department of State);
            ``(D) is a national of a country officially designated by 
        the Secretary of State as a state sponsor of terrorism, except 
        such nationals who possess nationalities of countries that are 
        not designated as state sponsors of terrorism;
            ``(E) requires a security advisory opinion or other 
        Department of State clearance, unless such alien is--
                ``(i) within that class of nonimmigrants enumerated in 
            subparagraph (A) or (G) of section 101(a)(15);
                ``(ii) within the NATO visa category;
                ``(iii) within that class of nonimmigrants enumerated 
            in section 101(a)(15)(C)(iii) (referred to as the `C-3 
            visa' category); or
                ``(iv) an alien who qualifies for a diplomatic or 
            official visa, or its equivalent; or
            ``(F) is identified as a member of a group or sector that 
        the Secretary of State determines--
                ``(i) poses a substantial risk of submitting inaccurate 
            information in order to obtain a visa;
                ``(ii) has historically had visa applications denied at 
            a rate that is higher than the average rate of such 
            denials; or
                ``(iii) poses a security threat to the United 
            States.''.

SEC. 5302. VISA APPLICATION REQUIREMENTS.

    Section 222(c) of the Immigration and Nationality Act (8 U.S.C. 
1202(c)) is amended by inserting ``The alien shall provide complete and 
accurate information in response to any request for information 
contained in the application.'' after the second sentence.

SEC. 5303. EFFECTIVE DATE.

    Notwithstanding section 1086 or any other provision of this Act, 
sections 5301 and 5302 shall take effect 90 days after the date of 
enactment of this Act.
SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.
    (a) Limitation on Review.--Section 221(i) of the Immigration and 
Nationality Act (8 U.S.C. 1201(i)) is amended by adding at the end the 
following: ``There shall be no means of judicial review (including 
review pursuant to section 2241 of title 28, United States Code, or any 
other habeas corpus provision, and sections 1361 and 1651 of such 
title) of a revocation under this subsection, except in the context of 
a removal proceeding if such revocation provides the sole ground for 
removal under section 237(a)(1)(B).''.
    (b) Classes of Deportable Aliens.--Section 237(a)(1)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is amended by 
striking ``United States is'' and inserting the following: ``United 
States, or whose nonimmigrant visa (or other documentation authorizing 
admission into the United States as a nonimmigrant) has been revoked 
under section 221(i), is''.
    (c) Revocation of Petitions.--Section 205 of the Immigration and 
Nationality Act (8 U.S.C. 1155) is amended--
        (1) by striking ``Attorney General'' and inserting ``Secretary 
    of Homeland Security''; and
        (2) by striking the final two sentences.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act and shall apply to 
revocations under sections 205 and 221(i) of the Immigration and 
Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such 
date.

                     Subtitle D--Immigration Reform

SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
    (a) Criminal Penalties.--Section 274(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the 
following:
    ``(4) In the case of a person who has brought aliens into the 
United States in violation of this subsection, the sentence otherwise 
provided for may be increased by up to 10 years if--
        ``(A) the offense was part of an ongoing commercial 
    organization or enterprise;
        ``(B) aliens were transported in groups of 10 or more; and
        ``(C)(i) aliens were transported in a manner that endangered 
    their lives; or
        ``(ii) the aliens presented a life-threatening health risk to 
    people in the United States.''.
    (b) Outreach Program.--Section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324), as amended by subsection (a), is 
further amended by adding at the end the following:
    ``(e) Outreach Program.--The Secretary of Homeland Security, in 
consultation with the Attorney General and the Secretary of State, as 
appropriate, shall develop and implement an outreach program to educate 
the public in the United States and abroad about the penalties for 
bringing in and harboring aliens in violation of this section.''.
SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY-TYPE 
TRAINING FROM TERRORIST ORGANIZATIONS.
    Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)(4)) is amended by adding at the end the following:
            ``(E) Recipient of military-type training.--
                ``(i) In general.--Any alien who has received military-
            type training from or on behalf of any organization that, 
            at the time the training was received, was a terrorist 
            organization (as defined in subclause (I) or (II) of 
            section 212(a)(3)(B)(vi)), is deportable.
                ``(ii) Definition.--As used in this subparagraph, the 
            term `military-type training' includes training in means or 
            methods that can cause death or serious bodily injury, 
            destroy or damage property, or disrupt services to critical 
            infrastructure, or training on the use, storage, 
            production, or assembly of any explosive, firearm, or other 
            weapon, including any weapon of mass destruction (as 
            defined in section 2332a(c)(2) of title 18, United States 
            Code).''.
SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM.
    (a) Study.--Commencing not later than 30 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study to evaluate the extent to which weaknesses in the 
United States asylum system and withholding of removal system have been 
or could be exploited by aliens connected to, charged in connection 
with, or tied to terrorist activity.
    (b) Elements.--The study under subsection (a) shall address, but 
not be limited to, the following:
        (1) The number of aliens connected to, tied to, charged in 
    connection with, or who claim to have been accused of or charged in 
    connection with terrorist activity who have applied for, been 
    granted, or been denied asylum.
        (2) The number of aliens connected to, tied to, charged in 
    connection with, or who claim to have been accused of or charged in 
    connection with terrorist activity who have applied for, been 
    granted, or been denied release from detention.
        (3) The number of aliens connected to, tied to, charged in 
    connection with, or who claim to have been accused of or charged in 
    connection with terrorist activity who have been denied asylum but 
    who remain at large in the United States.
        (4) The effect of the confidentiality provisions of section 
    208.6 of title 8, Code of Federal Regulations, on the ability of 
    the United States Government to establish that an alien is 
    connected to or tied to terrorist activity, such that the alien is 
    barred from asylum or withholding of removal, is removable from the 
    United States, or both.
        (5) The effect that precedential decisions, if any, holding 
    that the extrajudicial punishment of an individual connected to 
    terrorism, or guerrilla or militant activity abroad, or threats of 
    such punishment, constitute persecution on account of political 
    opinion as defined in section 101(a)(42) of the Immigration and 
    Nationality Act (8 U.S.C. 1101(a)(42)), have had on the ability of 
    the United States Government to remove aliens whom the United 
    States Government believes are connected to or have ties to 
    terrorism.
        (6) The extent to which court precedents have affected the 
    ability of the United States Government to determine or prove that 
    an alien the United States Government believes to be connected to 
    or tied to terrorism is in fact so connected or tied, including--
            (A) so-called ``imputed political opinion'';
            (B) judicial review, reversal, or both of the credibility 
        determinations of immigration judges; and
            (C) the need to use classified information in removal 
        proceedings against aliens suspected of connections or ties to 
        terrorism.
        (7) The likelihood that an alien connected to or with ties to 
    terrorism has been granted asylum or withholding of removal.
        (8) The likelihood that an alien connected to or with ties to 
    terrorism has used the United States asylum system to enter or 
    remain in the United States in order to plan, conspire, or carry 
    out, or attempt to plan, conspire, or carry out, an act of 
    terrorism.
    (c) Consideration and Assessment.--Solely for purposes of 
conducting the study under subsection (a), the Comptroller General 
shall consider the possibility, and assess the likelihood, that an 
alien whom the United States Government accuses or has accused of 
having a connection to or ties to terrorism is in fact connected to or 
tied to terrorism, notwithstanding any administrative or judicial 
determination to the contrary.
    (d) Scope.--In conducting the study under subsection (a), the 
Comptroller General shall seek information from the Department of 
Homeland Security, the Federal Bureau of Investigation, the Central 
Intelligence Agency, the Department of Justice, foreign governments, 
experts in the field of alien terrorists, and any other appropriate 
source.
    (e) Privacy.--
        (1) In general.--Notwithstanding section 208.6 of title 8, Code 
    of Federal Regulations, the Comptroller General shall, for purposes 
    of the study under subsection (a), have access to the applications 
    and administrative and judicial records of alien applicants for 
    asylum and withholding of removal. Except for purposes of preparing 
    the reports under subsection (f), such information shall not be 
    further disclosed or disseminated, nor shall the names or personal 
    identifying information of any applicant be released.
        (2) Security of records.--The Comptroller General shall ensure 
    that records received pursuant to this section are appropriately 
    secured to prevent their inadvertent disclosure.
    (f) Report to Congress.--
        (1) In general.--Not later than 270 days after the date of the 
    enactment of this Act, the Comptroller General shall submit to the 
    appropriate committees of Congress and the Secretary of Homeland 
    Security a report on the findings and recommendations of the 
    Comptroller General under the study under subsection (a).
        (2) Elements.--The report under paragraph (1) shall include the 
    following:
            (A) The assessment of the Comptroller General on each 
        matter specified in subsection (b).
            (B) Any recommendations of the Comptroller General for such 
        administrative action on any matter specified in subsection (a) 
        as the Comptroller General considers necessary to better 
        protect the national security of the United States.
            (C) Any recommendations of the Comptroller General for such 
        legislative action on any matter specified in subsection (a) as 
        the Comptroller General considers necessary to better protect 
        the national security of the United States.
        (3) Form.--If necessary, the Comptroller General may submit a 
    classified and unclassified version of the report under paragraph 
    (1).
    (g) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
        (1) the Committee on Homeland Security and Governmental 
    Affairs, the Committee on the Judiciary, and the Select Committee 
    on Intelligence of the Senate; and
        (2) the Committee on the Judiciary and the Permanent Select 
    Committee on Intelligence of the House of Representatives.

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

SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE 
COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD.
    (a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
        (1) in clause (ii), by striking ``has engaged in conduct that 
    is defined as genocide for purposes of the International Convention 
    on the Prevention and Punishment of Genocide is inadmissible'' and 
    inserting ``ordered, incited, assisted, or otherwise participated 
    in conduct outside the United States that would, if committed in 
    the United States or by a United States national, be genocide, as 
    defined in section 1091(a) of title 18, United States Code, is 
    inadmissible'';
        (2) by adding at the end the following:
                ``(iii) Commission of acts of torture or extrajudicial 
            killings.--Any alien who, outside the United States, has 
            committed, ordered, incited, assisted, or otherwise 
            participated in the commission of--

                    ``(I) any act of torture, as defined in section 
                2340 of title 18, United States Code; or
                    ``(II) under color of law of any foreign nation, 
                any extrajudicial killing, as defined in section 3(a) 
                of the Torture Victim Protection Act of 1991 (28 U.S.C. 
                1350 note),

            is inadmissible.''; and
        (3) in the subparagraph heading, by striking ``Participants in 
    nazi persecution or genocide'' and inserting ``Participants in nazi 
    persecution, genocide, or the commission of any act of torture or 
    extrajudicial killing''.
    (b) Deportability.--Section 237(a)(4)(D) of such Act (8 U.S.C. 
1227(a)(4)(D)) is amended--
        (1) by striking ``clause (i) or (ii)'' and inserting ``clause 
    (i), (ii), or (iii)''; and
        (2) in the subparagraph heading, by striking ``Assisted in nazi 
    persecution or engaged in genocide'' and inserting ``Participated 
    in nazi persecution, genocide, or the commission of any act of 
    torture or extrajudicial killing''.
    (c) Effective Date.--The amendments made by this section shall 
apply to offenses committed before, on, or after the date of enactment 
of this Act.
SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT 
OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF 
RELIGIOUS FREEDOM.
    (a) Ground of Inadmissibility.--Section 212(a)(2)(G) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to 
read as follows:
            ``(G) Foreign government officials who have committed 
        particularly severe violations of religious freedom.--Any alien 
        who, while serving as a foreign government official, was 
        responsible for or directly carried out, at any time, 
        particularly severe violations of religious freedom, as defined 
        in section 3 of the International Religious Freedom Act of 1998 
        (22 U.S.C. 6402), is inadmissible.''.
    (b) Ground of Deportability.--Section 237(a)(4) of the Immigration 
and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the 
end the following:
            ``(E) Participated in the commission of severe violations 
        of religious freedom.--Any alien described in section 
        212(a)(2)(G) is deportable.''.

SEC. 5503. WAIVER OF INADMISSIBILITY.

    Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(3)) is amended--
        (1) in subparagraph (A), by striking ``and 3(E)'' and inserting 
    ``and clauses (i) and (ii) of paragraph (3)(E)''; and
        (2) in subparagraph (B), by striking ``and 3(E)'' and inserting 
    ``and clauses (i) and (ii) of paragraph (3)(E)''.
SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED 
ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS OF 
RELIGIOUS FREEDOM.
    Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)) is amended--
        (1) by striking the period at the end of paragraph (8) and 
    inserting ``; or''; and
        (2) by adding at the end the following:
        ``(9) one who at any time has engaged in conduct described in 
    section 212(a)(3)(E) (relating to assistance in Nazi persecution, 
    participation in genocide, or commission of acts of torture or 
    extrajudicial killings) or 212(a)(2)(G) (relating to severe 
    violations of religious freedom).''.
SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
    (a) Amendment of the Immigration and Nationality Act.--Section 103 
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by 
adding at the end the following:
    ``(h)(1) The Attorney General shall establish within the Criminal 
Division of the Department of Justice an Office of Special 
Investigations with the authority to detect and investigate, and, where 
appropriate, to take legal action to denaturalize any alien described 
in section 212(a)(3)(E).
    ``(2) The Attorney General shall consult with the Secretary of 
Homeland Security in making determinations concerning the criminal 
prosecution or extradition of aliens described in section 212(a)(3)(E).
    ``(3) In determining the appropriate legal action to take against 
an alien described in section 212(a)(3)(E), consideration shall be 
given to--
        ``(A) the availability of criminal prosecution under the laws 
    of the United States for any conduct that may form the basis for 
    removal and denaturalization; or
        ``(B) the availability of extradition of the alien to a foreign 
    jurisdiction that is prepared to undertake a prosecution for such 
    conduct.''.
    (b) Authorization of Appropriations.--
        (1) In general.--There are authorized to be appropriated to the 
    Department of Justice such sums as may be necessary to carry out 
    the additional duties established under section 103(h) of the 
    Immigration and Nationality Act (as added by this subtitle) in 
    order to ensure that the Office of Special Investigations fulfills 
    its continuing obligations regarding Nazi war criminals.
        (2) Availability of funds.--Amounts appropriated pursuant to 
    paragraph (1) are authorized to remain available until expended.

SEC. 5506. REPORT ON IMPLEMENTATION.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General, in consultation with the Secretary of Homeland 
Security, shall submit to the Committees on the Judiciary of the Senate 
and the House of Representatives a report on implementation of this 
subtitle that includes a description of--
        (1) the procedures used to refer matters to the Office of 
    Special Investigations and other components within the Department 
    of Justice and the Department of Homeland Security in a manner 
    consistent with the amendments made by this subtitle;
        (2) the revisions, if any, made to immigration forms to reflect 
    changes in the Immigration and Nationality Act made by the 
    amendments contained in this subtitle; and
        (3) the procedures developed, with adequate due process 
    protection, to obtain sufficient evidence to determine whether an 
    alien may be inadmissible under the terms of the amendments made by 
    this subtitle.

                     TITLE VI--TERRORISM PREVENTION
     Subtitle A--Individual Terrorists as Agents of Foreign Powers

SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
    (a) In General.--Section 101(b)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at 
the end the following new subparagraph:
            ``(C) engages in international terrorism or activities in 
        preparation therefore; or''.
    (b) Sunset.--The amendment made by subsection (a) shall be subject 
to the sunset provision in section 224 of Public Law 107-56 (115 Stat. 
295), including the exception provided in subsection (b) of such 
section 224.
SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS UNDER THE 
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
    (a) Additional Reporting Requirements.--The Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
        (1) by redesignating--
            (A) title VI as title VII; and
            (B) section 601 as section 701; and
        (2) by inserting after title V the following new title:

                   ``TITLE VI--REPORTING REQUIREMENT

``SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.

    ``(a) Report.--On a semiannual basis, the Attorney General shall 
submit to the Permanent Select Committee on Intelligence of the House 
of Representatives, the Select Committee on Intelligence of the Senate, 
and the Committees on the Judiciary of the House of Representatives and 
the Senate, in a manner consistent with the protection of the national 
security, a report setting forth with respect to the preceding 6-month 
period--
        ``(1) the aggregate number of persons targeted for orders 
    issued under this Act, including a breakdown of those targeted 
    for--
            ``(A) electronic surveillance under section 105;
            ``(B) physical searches under section 304;
            ``(C) pen registers under section 402; and
            ``(D) access to records under section 501;
        ``(2) the number of individuals covered by an order issued 
    pursuant to section 101(b)(1)(C);
        ``(3) the number of times that the Attorney General has 
    authorized that information obtained under this Act may be used in 
    a criminal proceeding or any information derived therefrom may be 
    used in a criminal proceeding;
        ``(4) a summary of significant legal interpretations of this 
    Act involving matters before the Foreign Intelligence Surveillance 
    Court or the Foreign Intelligence Surveillance Court of Review, 
    including interpretations presented in applications or pleadings 
    filed with the Foreign Intelligence Surveillance Court or the 
    Foreign Intelligence Surveillance Court of Review by the Department 
    of Justice; and
        ``(5) copies of all decisions (not including orders) or 
    opinions of the Foreign Intelligence Surveillance Court or Foreign 
    Intelligence Surveillance Court of Review that include significant 
    construction or interpretation of the provisions of this Act.
    ``(b) Frequency.--The first report under this section shall be 
submitted not later than 6 months after the date of enactment of this 
section. Subsequent reports under this section shall be submitted semi-
annually thereafter.''.
    (b) Clerical Amendment.--The table of contents for the Foreign 
Intelligence Act of 1978 (50 U.S.C. 1801 et seq.) is amended by 
striking the items relating to title VI and inserting the following new 
items:

                    ``TITLE VI--REPORTING REQUIREMENT

``Sec. 601. Semiannual report of the Attorney General.

                       ``TITLE VII--EFFECTIVE DATE

``Sec. 701. Effective date.''.

          Subtitle B--Money Laundering and Terrorist Financing

SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.
    Subsection (d) of section 310 of title 31, United States Code, is 
amended--
        (1) by striking ``appropriations.--There are authorized'' and 
    inserting ``Appropriations.--
        ``(1) In general.--There are authorized''; and
        (2) by adding at the end the following new paragraph:
        ``(2) Authorization for funding key technological improvements 
    in mission-critical fincen systems.--There are authorized to be 
    appropriated for fiscal year 2005 the following amounts, which are 
    authorized to remain available until expended:
            ``(A) BSA direct.--For technological improvements to 
        provide authorized law enforcement and financial regulatory 
        agencies with Web-based access to FinCEN data, to fully develop 
        and implement the highly secure network required under section 
        362 of Public Law 107-56 to expedite the filing of, and reduce 
        the filing costs for, financial institution reports, including 
        suspicious activity reports, collected by FinCEN under chapter 
        53 and related provisions of law, and enable FinCEN to 
        immediately alert financial institutions about suspicious 
        activities that warrant immediate and enhanced scrutiny, and to 
        provide and upgrade advanced information-sharing technologies 
        to materially improve the Government's ability to exploit the 
        information in the FinCEN data banks, $16,500,000.
            ``(B) Advanced analytical technologies.--To provide 
        advanced analytical tools needed to ensure that the data 
        collected by FinCEN under chapter 53 and related provisions of 
        law are utilized fully and appropriately in safeguarding 
        financial institutions and supporting the war on terrorism, 
        $5,000,000.
            ``(C) Data networking modernization.--To improve the 
        telecommunications infrastructure to support the improved 
        capabilities of the FinCEN systems, $3,000,000.
            ``(D) Enhanced compliance capability.--To improve the 
        effectiveness of the Office of Compliance in FinCEN, 
        $3,000,000.
            ``(E) Detection and prevention of financial crimes and 
        terrorism.--To provide development of, and training in the use 
        of, technology to detect and prevent financial crimes and 
        terrorism within and without the United States, $8,000,000.''.
SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY 
REAUTHORIZATION.
    (a) Program.--Section 5341(a)(2) of title 31, United States Code, 
is amended--
        (1) by striking ``February 1'' and inserting ``August 1''; and
        (2) by striking ``and 2003,'' and inserting ``2003, 2005, and 
    2007,''.
    (b) Reauthorization of Appropriations.--Section 5355 of title 31, 
United States Code, is amended by adding at the end the following:

  ``2004
  $15,000,000.
  ``2005
  $15,000,000.''.

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

SEC. 6201. SHORT TITLE.

    This subtitle may be cited as the ``International Money Laundering 
Abatement and Financial Antiterrorism Technical Corrections Act of 
2004''.
SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56.
    (a) The heading of title III of Public Law 107-56 is amended to 
read as follows:

  ``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL 
                      ANTITERRORISM ACT OF 2001''.

    (b) The table of contents for Public Law 107-56 is amended by 
striking the item relating to title III and inserting the following:

  ``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL 
                      ANTITERRORISM ACT OF 2001''.

    (c) Section 302 of Public Law 107-56 is amended--
        (1) in subsection (a)(4), by striking the comma after 
    ``movement of criminal funds'';
        (2) in subsection (b)(7), by inserting ``or types of accounts'' 
    after ``classes of international transactions''; and
        (3) in subsection (b)(10), by striking ``subchapters II and 
    III'' and inserting ``subchapter II''.
    (d) Section 303(a) of Public Law 107-56 is amended by striking 
``Anti-Terrorist Financing Act'' and inserting ``Financial 
Antiterrorism Act''.
    (e) The heading for section 311 of Public Law 107-56 is amended by 
striking ``or international transactions'' and inserting 
``international transactions, or types of accounts''.
    (f) Section 314 of Public Law 107-56 is amended--
        (1) in paragraph (1)--
            (A) by inserting a comma after ``organizations engaged 
        in''; and
            (B) by inserting a comma after ``credible evidence of 
        engaging in'';
        (2) in paragraph (2)(A)--
            (A) by striking ``and'' after ``nongovernmental 
        organizations,''; and
            (B) by inserting a comma after ``unwittingly involved in 
        such finances'';
        (3) in paragraph (3)(A)--
            (A) by striking ``to monitor accounts of'' and inserting 
        ``monitor accounts of,''; and
            (B) by striking the comma after ``organizations 
        identified''; and
        (4) in paragraph (3)(B), by inserting ``financial'' after 
    ``size, and nature of the''.
    (g) Section 321(a) of Public Law 107-56 is amended by striking 
``5312(2)'' and inserting ``5312(a)(2)''.
    (h) Section 325 of Public Law 107-56 is amended by striking ``as 
amended by section 202 of this title,'' and inserting ``as amended by 
section 352,''.
    (i) Subsections (a)(2) and (b)(2) of section 327 of Public Law 107-
56 are each amended by striking ``2001'' and all that follows and 
inserting a period.
    (j) Section 356(c)(4) of Public Law 107-56 is amended by striking 
``or business or other grantor trust'' and inserting ``, business 
trust, or other grantor trust''.
    (k) Section 358(e) of Public Law 107-56 is amended--
        (1) by striking ``Section 123(a)'' and inserting ``That portion 
    of section 123(a)'';
        (2) by striking ``is amended to read'' and inserting ``that 
    precedes paragraph (1) of such section is amended to read''; and
        (3) in the amendment made in that subsection (e), by striking 
    ``person.'' and inserting the following: ``person--''.
    (l) Section 360 of Public Law 107-56 is amended--
        (1) in subsection (a), by inserting ``the'' after ``utilization 
    of the funds of''; and
        (2) in subsection (b), by striking ``at such institutions'' and 
    inserting ``at such institution''.
    (m) Section 362(a)(1) of Public Law 107-56 is amended by striking 
``subchapter II or III'' and inserting ``subchapter II''.
    (n) Section 365 of Public Law 107-56 is amended--
        (1) by redesignating the second of the 2 subsections designated 
    as subsection (c) (relating to a clerical amendment) as subsection 
    (d); and
        (2) by redesignating subsection (f) as subsection (e).
    (o) Section 365(d) of Public Law 107-56 (as so redesignated by 
subsection (n) of this section) is amended by striking ``section 5332 
(as added by section 112 of this title)'' and inserting ``section 
5330''.
SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
    (a) Section 310(c) of title 31, United States Code, is amended by 
striking ``the Network'' each place such term appears and inserting 
``FinCEN''.
    (b) Section 5312(a)(3)(C) of title 31, United States Code, is 
amended by striking ``sections 5333 and 5316'' and inserting ``sections 
5316 and 5331''.
    (c) Section 5318(i) of title 31, United States Code, is amended--
        (1) in paragraph (3)(B), by inserting a comma after ``foreign 
    political figure'' the second place such term appears; and
        (2) in the heading of paragraph (4), by striking ``Definition'' 
    and inserting ``Definitions''.
    (d) Section 5318(k)(1)(B) of title 31, United States Code, is 
amended by striking ``section 5318A(f)(1)(B)'' and inserting ``section 
5318A(e)(1)(B)''.
    (e) The heading for section 5318A of title 31, United States Code, 
is amended to read as follows:

``Sec. 5318A. Special measures for jurisdictions, financial 
            institutions, international transactions, or types of 
            accounts of primary money laundering concern''.

    (f) Section 5318A of title 31, United States Code, is amended--
        (1) in subsection (a)(4)(A), by striking ``, as defined in 
    section 3 of the Federal Deposit Insurance Act,'' and inserting 
    ``(as defined in section 3 of the Federal Deposit Insurance Act)'';
        (2) in subsection (a)(4)(B)(iii), by striking ``or class of 
    transactions'' and inserting ``class of transactions, or type of 
    account'';
        (3) in subsection (b)(1)(A), by striking ``or class of 
    transactions to be'' and inserting ``class of transactions, or type 
    of account to be''; and
        (4) in subsection (e)(3), by inserting ``or subsection (i) or 
    (j) of section 5318'' after ``identification of individuals under 
    this section''.
    (g) Section 5324(b) of title 31, United States Code, is amended by 
striking ``5333'' each place such term appears and inserting ``5331''.
    (h) Section 5332 of title 31, United States Code, is amended--
        (1) in subsection (b)(2), by striking ``, subject to subsection 
    (d) of this section''; and
        (2) in subsection (c)(1), by striking ``, subject to subsection 
    (d) of this section,''.
    (i) The table of sections for subchapter II of chapter 53 of title 
31, United States Code, is amended by striking the item relating to 
section 5318A and inserting the following:

``5318A. Special measures for jurisdictions, financial institutions, 
          international transactions, or types of accounts of primary 
          money laundering concern.''.

    (j) Section 18(w)(3) of the Federal Deposit Insurance Act (12 
U.S.C. 1828(w)(3)) is amended by inserting a comma after ``agent of 
such institution''.
    (k) Section 21(a)(2) of the Federal Deposit Insurance Act (12 
U.S.C. 1829b(a)(2)) is amended by striking ``recognizes that'' and 
inserting ``recognizing that''.
    (l) Section 626(e) of the Fair Credit Reporting Act (15 U.S.C. 
1681v(e)) is amended by striking ``governmental agency'' and inserting 
``government agency''.

SEC. 6204. REPEAL OF REVIEW.

    Title III of Public Law 107-56 is amended by striking section 303 
(31 U.S.C. 5311 note).

SEC. 6205. EFFECTIVE DATE.

    The amendments made by this subchapter to Public Law 107-56, the 
United States Code, the Federal Deposit Insurance Act, and any other 
provision of law shall take effect as if such amendments had been 
included in Public Law 107-56, as of the date of enactment of such 
Public Law, and no amendment made by such Public Law that is 
inconsistent with an amendment made by this subchapter shall be deemed 
to have taken effect.

                Subtitle D--Additional Enforcement Tools

SEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING.
    (a) Production of Documents.--Section 5114(a) of title 31, United 
States Code (relating to engraving and printing currency and security 
documents), is amended--
        (1) by striking ``(a) The Secretary of the Treasury'' and 
    inserting:
    ``(a) Authority To Engrave and Print.--
        ``(1) In general.--The Secretary of the Treasury''; and
        (2) by adding at the end the following new paragraphs:
        ``(2) Engraving and printing for other governments.--The 
    Secretary of the Treasury may produce currency, postage stamps, and 
    other security documents for foreign governments if--
            ``(A) the Secretary of the Treasury determines that such 
        production will not interfere with engraving and printing needs 
        of the United States; and
            ``(B) the Secretary of State determines that such 
        production would be consistent with the foreign policy of the 
        United States.
        ``(3) Procurement guidelines.--Articles, material, and supplies 
    procured for use in the production of currency, postage stamps, and 
    other security documents for foreign governments pursuant to 
    paragraph (2) shall be treated in the same manner as articles, 
    material, and supplies procured for public use within the United 
    States for purposes of title III of the Act of March 3, 1933 (41 
    U.S.C. 10a et seq.; commonly referred to as the Buy American 
    Act).''.
    (b) Reimbursement.--Section 5143 of title 31, United States Code 
(relating to payment for services of the Bureau of Engraving and 
Printing), is amended--
        (1) in the first sentence, by inserting ``or to a foreign 
    government under section 5114'' after ``agency'';
        (2) in the second sentence, by inserting ``and other'' after 
    ``including administrative''; and
        (3) in the last sentence, by inserting ``, and the Secretary 
    shall take such action, in coordination with the Secretary of 
    State, as may be appropriate to ensure prompt payment by a foreign 
    government of any invoice or statement of account submitted by the 
    Secretary with respect to services rendered under section 5114'' 
    before the period at the end.
SEC. 6302. REPORTING OF CERTAIN CROSS-BORDER TRANSMITTAL OF FUNDS.
    Section 5318 of title 31, United States Code, is amended by adding 
at the end the following new subsection:
    ``(n) Reporting of Certain Cross-Border Transmittals of Funds.--
        ``(1) In general.--Subject to paragraphs (3) and (4), the 
    Secretary shall prescribe regulations requiring such financial 
    institutions as the Secretary determines to be appropriate to 
    report to the Financial Crimes Enforcement Network certain cross-
    border electronic transmittals of funds, if the Secretary 
    determines that reporting of such transmittals is reasonably 
    necessary to conduct the efforts of the Secretary against money 
    laundering and terrorist financing.
        ``(2) Limitation on reporting requirements.--Information 
    required to be reported by the regulations prescribed under 
    paragraph (1) shall not exceed the information required to be 
    retained by the reporting financial institution pursuant to section 
    21 of the Federal Deposit Insurance Act and the regulations 
    promulgated thereunder, unless--
            ``(A) the Board of Governors of the Federal Reserve System 
        and the Secretary jointly determine that a particular item or 
        items of information are not currently required to be retained 
        under such section or such regulations; and
            ``(B) the Secretary determines, after consultation with the 
        Board of Governors of the Federal Reserve System, that the 
        reporting of such information is reasonably necessary to 
        conduct the efforts of the Secretary to identify cross-border 
        money laundering and terrorist financing.
        ``(3) Form and manner of reports.--In prescribing the 
    regulations required under paragraph (1), the Secretary shall, 
    subject to paragraph (2), determine the appropriate form, manner, 
    content, and frequency of filing of the required reports.
        ``(4) Feasibility report.--
            ``(A) In general.--Before prescribing the regulations 
        required under paragraph (1), and as soon as is practicable 
        after the date of enactment of the National Intelligence Reform 
        Act of 2004, the Secretary shall submit a report to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Financial Services of the House of 
        Representatives that--
                ``(i) identifies the information in cross-border 
            electronic transmittals of funds that may be found in 
            particular cases to be reasonably necessary to conduct the 
            efforts of the Secretary to identify money laundering and 
            terrorist financing, and outlines the criteria to be used 
            by the Secretary to select the situations in which 
            reporting under this subsection may be required;
                ``(ii) outlines the appropriate form, manner, content, 
            and frequency of filing of the reports that may be required 
            under such regulations;
                ``(iii) identifies the technology necessary for the 
            Financial Crimes Enforcement Network to receive, keep, 
            exploit, protect the security of, and disseminate 
            information from reports of cross-border electronic 
            transmittals of funds to law enforcement and other entities 
            engaged in efforts against money laundering and terrorist 
            financing; and
                ``(iv) discusses the information security protections 
            required by the exercise of the Secretary's authority under 
            this subsection.
            ``(B) Consultation.--In reporting the feasibility report 
        under subparagraph (A), the Secretary may consult with the Bank 
        Secrecy Act Advisory Group established by the Secretary, and 
        any other group considered by the Secretary to be relevant.
        ``(5) Regulations.--
            ``(A) In general.--Subject to subparagraph (B), the 
        regulations required by paragraph (1) shall be prescribed in 
        final form by the Secretary, in consultation with the Board of 
        Governors of the Federal Reserve System, before the end of the 
        3-year period beginning on the date of enactment of the 
        National Intelligence Reform Act of 2004.
            ``(B) Technological feasibility.--No regulations shall be 
        prescribed under this subsection before the Secretary certifies 
        to the Congress that the Financial Crimes Enforcement Network 
        has the technological systems in place to effectively and 
        efficiently receive, keep, exploit, protect the security of, 
        and disseminate information from reports of cross-border 
        electronic transmittals of funds to law enforcement and other 
        entities engaged in efforts against money laundering and 
        terrorist financing.''.

SEC. 6303. TERRORISM FINANCING.

    (a) Report on Terrorist Financing.--
        (1) In general.--Not later than 270 days after the date of 
    enactment of this Act, the President, acting through the Secretary 
    of the Treasury, shall submit to Congress a report evaluating the 
    current state of United States efforts to curtail the international 
    financing of terrorism.
        (2) Contents.--The report required by paragraph (1) shall 
    evaluate and make recommendations on--
            (A) the effectiveness and efficiency of current United 
        States governmental efforts and methods to detect, track, 
        disrupt, and stop terrorist financing;
            (B) the relationship between terrorist financing and money 
        laundering, including how the laundering of proceeds related to 
        illegal narcotics or foreign political corruption may 
        contribute to terrorism or terrorist financing;
            (C) the nature, effectiveness, and efficiency of current 
        efforts to coordinate intelligence and agency operations within 
        the United States Government to detect, track, disrupt, and 
        stop terrorist financing, including identifying who, if anyone, 
        has primary responsibility for developing priorities, assigning 
        tasks to agencies, and monitoring the implementation of policy 
        and operations;
            (D) the effectiveness and efficiency of efforts to protect 
        the critical infrastructure of the United States financial 
        system, and ways to improve the effectiveness of financial 
        institutions;
            (E) ways to improve multilateral and international 
        governmental cooperation on terrorist financing, including the 
        adequacy of agency coordination within the United States 
        related to participating in international cooperative efforts 
        and implementing international treaties and compacts; and
            (F) ways to improve the setting of priorities and 
        coordination of United States efforts to detect, track, 
        disrupt, and stop terrorist financing, including 
        recommendations for changes in executive branch organization or 
        procedures, legislative reforms, additional resources, or use 
        of appropriated funds.
    (b) Postemployment Restriction for Certain Bank and Thrift 
Examiners.--Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 
1820) is amended by adding at the end the following:
    ``(k) One-Year Restrictions on Federal Examiners of Financial 
Institutions.--
        ``(1) In general.--In addition to other applicable restrictions 
    set forth in title 18, United States Code, the penalties set forth 
    in paragraph (6) of this subsection shall apply to any person who--
            ``(A) was an officer or employee (including any special 
        Government employee) of a Federal banking agency or a Federal 
        reserve bank;
            ``(B) served 2 or more months during the final 12 months of 
        his or her employment with such agency or entity as the senior 
        examiner (or a functionally equivalent position) of a 
        depository institution or depository institution holding 
        company with continuing, broad responsibility for the 
        examination (or inspection) of that depository institution or 
        depository institution holding company on behalf of the 
        relevant agency or Federal reserve bank; and
            ``(C) within 1 year after the termination date of his or 
        her service or employment with such agency or entity, knowingly 
        accepts compensation as an employee, officer, director, or 
        consultant from--
                ``(i) such depository institution, any depository 
            institution holding company that controls such depository 
            institution, or any other company that controls such 
            depository institution; or
                ``(ii) such depository institution holding company or 
            any depository institution that is controlled by such 
            depository institution holding company.
        ``(2) Definitions.--For purposes of this subsection--
            ``(A) the term `depository institution' includes an 
        uninsured branch or agency of a foreign bank, if such branch or 
        agency is located in any State; and
            ``(B) the term `depository institution holding company' 
        includes any foreign bank or company described in section 8(a) 
        of the International Banking Act of 1978.
        ``(3) Rules of construction.--For purposes of this subsection, 
    a foreign bank shall be deemed to control any branch or agency of 
    the foreign bank, and a person shall be deemed to act as a 
    consultant for a depository institution, depository institution 
    holding company, or other company, only if such person directly 
    works on matters for, or on behalf of, such depository institution, 
    depository institution holding company, or other company.
        ``(4) Regulations.--
            ``(A) In general.--Each Federal banking agency shall 
        prescribe rules or regulations to administer and carry out this 
        subsection, including rules, regulations, or guidelines to 
        define the scope of persons referred to in paragraph (1)(B).
            ``(B) Consultation required.--The Federal banking agencies 
        shall consult with each other for the purpose of assuring that 
        the rules and regulations issued by the agencies under 
        subparagraph (A) are, to the extent possible, consistent, 
        comparable, and practicable, taking into account any 
        differences in the supervisory programs utilized by the 
        agencies for the supervision of depository institutions and 
        depository institution holding companies.
        ``(5) Waiver.--
            ``(A) Agency authority.--A Federal banking agency may grant 
        a waiver, on a case by case basis, of the restriction imposed 
        by this subsection to any officer or employee (including any 
        special Government employee) of that agency, and the Board of 
        Governors of the Federal Reserve System may grant a waiver of 
        the restriction imposed by this subsection to any officer or 
        employee of a Federal reserve bank, if the head of such agency 
        certifies in writing that granting the waiver would not affect 
        the integrity of the supervisory program of the relevant 
        Federal banking agency.
            ``(B) Definition.--For purposes of this paragraph, the head 
        of an agency is--
                ``(i) the Comptroller of the Currency, in the case of 
            the Office of the Comptroller of the Currency;
                ``(ii) the Chairman of the Board of Governors of the 
            Federal Reserve System, in the case of the Board of 
            Governors of the Federal Reserve System;
                ``(iii) the Chairperson of the Board of Directors, in 
            the case of the Corporation; and
                ``(iv) the Director of the Office of Thrift 
            Supervision, in the case of the Office of Thrift 
            Supervision.
        ``(6) Penalties.--
            ``(A) In general.--In addition to any other administrative, 
        civil, or criminal remedy or penalty that may otherwise apply, 
        whenever a Federal banking agency determines that a person 
        subject to paragraph (1) has become associated, in the manner 
        described in paragraph (1)(C), with a depository institution, 
        depository institution holding company, or other company for 
        which such agency serves as the appropriate Federal banking 
        agency, the agency shall impose upon such person one or more of 
        the following penalties:
                ``(i) Industry-wide prohibition order.--The Federal 
            banking agency shall serve a written notice or order in 
            accordance with and subject to the provisions of section 
            8(e)(4) for written notices or orders under paragraph (1) 
            or (2) of section 8(e), upon such person of the intention 
            of the agency--

                    ``(I) to remove such person from office or to 
                prohibit such person from further participation in the 
                conduct of the affairs of the depository institution, 
                depository institution holding company, or other 
                company for a period of up to 5 years; and
                    ``(II) to prohibit any further participation by 
                such person, in any manner, in the conduct of the 
                affairs of any insured depository institution for a 
                period of up to 5 years.

                ``(ii) Civil monetary penalty.--The Federal banking 
            agency may, in an administrative proceeding or civil action 
            in an appropriate United States district court, impose on 
            such person a civil monetary penalty of not more than 
            $250,000. Any administrative proceeding under this clause 
            shall be conducted in accordance with section 8(i). In lieu 
            of an action by the Federal banking agency under this 
            clause, the Attorney General of the United States may bring 
            a civil action under this clause in the appropriate United 
            States district court.
            ``(B) Scope of prohibition order.--Any person subject to an 
        order issued under subparagraph (A)(i) shall be subject to 
        paragraphs (6) and (7) of section 8(e) in the same manner and 
        to the same extent as a person subject to an order issued under 
        such section.
            ``(C) Definitions.--Solely for purposes of this paragraph, 
        the `appropriate Federal banking agency' for a company that is 
        not a depository institution or depository institution holding 
        company shall be the Federal banking agency on whose behalf the 
        person described in paragraph (1) performed the functions 
        described in paragraph (1)(B).''.
    (c) Postemployment Restriction for Certain Credit Union 
Examiners.--Section 206 of the Federal Credit Union Act (12 U.S.C. 
1786) is amended by adding at the end the following:
    ``(w) One-Year Restrictions on Federal Examiners of Insured Credit 
Unions.--
        ``(1) In general.--In addition to other applicable restrictions 
    set forth in title 18, United States Code, the penalties set forth 
    in paragraph (5) of this subsection shall apply to any person who--
            ``(A) was an officer or employee (including any special 
        Government employee) of the Administration;
            ``(B) served 2 or more months during the final 12 months of 
        his or her employment with the Administration as the senior 
        examiner (or a functionally equivalent position) of an insured 
        credit union with continuing, broad responsibility for the 
        examination (or inspection) of that insured credit union on 
        behalf of the Administration; and
            ``(C) within 1 year after the termination date of his or 
        her service or employment with the Administration, knowingly 
        accepts compensation as an employee, officer, director, or 
        consultant from such insured credit union.
        ``(2) Rule of construction.--For purposes of this subsection, a 
    person shall be deemed to act as a consultant for an insured credit 
    union only if such person directly works on matters for, or on 
    behalf of, such insured credit union.
        ``(3) Regulations.--
            ``(A) In general.--The Board shall prescribe rules or 
        regulations to administer and carry out this subsection, 
        including rules, regulations, or guidelines to define the scope 
        of persons referred to in paragraph (1)(B).
            ``(B) Consultation.--In prescribing rules or regulations 
        under this paragraph, the Board shall, to the extent it deems 
        necessary, consult with the Federal banking agencies (as 
        defined in section 3 of the Federal Deposit Insurance Act) on 
        regulations issued by such agencies in carrying out section 
        10(k) of the Federal Deposit Insurance Act.
        ``(4) Waiver.--The Board may grant a waiver, on a case by case 
    basis, of the restriction imposed by this subsection to any officer 
    or employee (including any special Government employee) of the 
    Administration if the Chairman certifies in writing that granting 
    the waiver would not affect the integrity of the supervisory 
    program of the Administration.
        ``(5) Penalties.--
            ``(A) In general.--In addition to any other administrative, 
        civil, or criminal remedy or penalty that may otherwise apply, 
        whenever the Board determines that a person subject to 
        paragraph (1) has become associated, in the manner described in 
        paragraph (1)(C), with an insured credit union, the Board shall 
        impose upon such person one or more of the following penalties:
                ``(i) Industry-wide prohibition order.--The Board shall 
            serve a written notice or order in accordance with and 
            subject to the provisions of subsection (g)(4) for written 
            notices or orders under paragraph (1) or (2) of subsection 
            (g), upon such person of the intention of the Board--

                    ``(I) to remove such person from office or to 
                prohibit such person from further participation in the 
                conduct of the affairs of the insured credit union for 
                a period of up to 5 years; and
                    ``(II) to prohibit any further participation by 
                such person, in any manner, in the conduct of the 
                affairs of any insured credit union for a period of up 
                to 5 years.

                ``(ii) Civil monetary penalty.--The Board may, in an 
            administrative proceeding or civil action in an appropriate 
            United States district court, impose on such person a civil 
            monetary penalty of not more than $250,000. Any 
            administrative proceeding under this clause shall be 
            conducted in accordance with subsection (k). In lieu of an 
            action by the Board under this clause, the Attorney General 
            of the United States may bring a civil action under this 
            clause in the appropriate United States district court.
            ``(B) Scope of prohibition order.--Any person subject to an 
        order issued under this subparagraph (A)(i) shall be subject to 
        paragraphs (5) and (7) of subsection (g) in the same manner and 
        to the same extent as a person subject to an order issued under 
        subsection (g).''.
    (d) Effective Date.--Notwithstanding any other effective date 
established pursuant to this Act, subsection (a) shall become effective 
on the date of enactment of this Act, and the amendments made by 
subsections (b) and (c) shall become effective at the end of the 12-
month period beginning on the date of enactment of this Act, whether or 
not final regulations are issued in accordance with the amendments made 
by this section as of that date of enactment.

             Subtitle E--Criminal History Background Checks

SEC. 6401. PROTECT ACT.

    Public Law 108-21 is amended--
        (1) in section 108(a)(2)(A) by striking ``an 18 month'' and 
    inserting ``a 30-month''; and
        (2) in section 108(a)(3)(A) by striking ``an 18-month'' and 
    inserting ``a 30-month''.
SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE 
SECURITY OFFICER EMPLOYMENT.
    (a) Short Title.--This section may be cited as the ``Private 
Security Officer Employment Authorization Act of 2004''.
    (b) Findings.--Congress finds that--
        (1) employment of private security officers in the United 
    States is growing rapidly;
        (2) private security officers function as an adjunct to, but 
    not a replacement for, public law enforcement by helping to reduce 
    and prevent crime;
        (3) such private security officers protect individuals, 
    property, and proprietary information, and provide protection to 
    such diverse operations as banks, hospitals, research and 
    development centers, manufacturing facilities, defense and 
    aerospace contractors, high technology businesses, nuclear power 
    plants, chemical companies, oil and gas refineries, airports, 
    communication facilities and operations, office complexes, schools, 
    residential properties, apartment complexes, gated communities, and 
    others;
        (4) sworn law enforcement officers provide significant services 
    to the citizens of the United States in its public areas, and are 
    supplemented by private security officers;
        (5) the threat of additional terrorist attacks requires 
    cooperation between public and private sectors and demands 
    professional, reliable, and responsible security officers for the 
    protection of people, facilities, and institutions;
        (6) the trend in the Nation toward growth in such security 
    services has accelerated rapidly;
        (7) such growth makes available more public sector law 
    enforcement officers to combat serious and violent crimes, 
    including terrorism;
        (8) the American public deserves the employment of qualified, 
    well-trained private security personnel as an adjunct to sworn law 
    enforcement officers; and
        (9) private security officers and applicants for private 
    security officer positions should be thoroughly screened and 
    trained.
    (c) Definitions.--In this section:
        (1) Employee.--The term ``employee'' includes both a current 
    employee and an applicant for employment as a private security 
    officer.
        (2) Authorized employer.--The term ``authorized employer'' 
    means any person that--
            (A) employs private security officers; and
            (B) is authorized by regulations promulgated by the 
        Attorney General to request a criminal history record 
        information search of an employee through a State 
        identification bureau pursuant to this section.
        (3) Private security officer.--The term ``private security 
    officer''--
            (A) means an individual other than an employee of a 
        Federal, State, or local government, whose primary duty is to 
        perform security services, full or part time, for 
        consideration, whether armed or unarmed and in uniform or plain 
        clothes (except for services excluded from coverage under this 
        Act if the Attorney General determines by regulation that such 
        exclusion would serve the public interest); but
            (B) does not include--
                (i) employees whose duties are primarily internal audit 
            or credit functions;
                (ii) employees of electronic security system companies 
            acting as technicians or monitors; or
                (iii) employees whose duties primarily involve the 
            secure movement of prisoners.
        (4) Security services.--The term ``security services'' means 
    acts to protect people or property as defined by regulations 
    promulgated by the Attorney General.
        (5) State identification bureau.--The term ``State 
    identification bureau'' means the State entity designated by the 
    Attorney General for the submission and receipt of criminal history 
    record information.
    (d) Criminal History Record Information Search.--
        (1) In general.--
            (A) Submission of fingerprints.--An authorized employer may 
        submit to the State identification bureau of a participating 
        State, fingerprints or other means of positive identification, 
        as determined by the Attorney General, of an employee of such 
        employer for purposes of a criminal history record information 
        search pursuant to this Act.
            (B) Employee rights.--
                (i) Permission.--An authorized employer shall obtain 
            written consent from an employee to submit to the State 
            identification bureau of the participating State the 
            request to search the criminal history record information 
            of the employee under this Act.
                (ii) Access.--An authorized employer shall provide to 
            the employee confidential access to any information 
            relating to the employee received by the authorized 
            employer pursuant to this Act.
            (C) Providing information to the state identification 
        bureau.--Upon receipt of a request for a criminal history 
        record information search from an authorized employer pursuant 
        to this Act, submitted through the State identification bureau 
        of a participating State, the Attorney General shall--
                (i) search the appropriate records of the Criminal 
            Justice Information Services Division of the Federal Bureau 
            of Investigation; and
                (ii) promptly provide any resulting identification and 
            criminal history record information to the submitting State 
            identification bureau requesting the information.
            (D) Use of information.--
                (i) In general.--Upon receipt of the criminal history 
            record information from the Attorney General by the State 
            identification bureau, the information shall be used only 
            as provided in clause (ii).
                (ii) Terms.--In the case of--

                    (I) a participating State that has no State 
                standards for qualification to be a private security 
                officer, the State shall notify an authorized employer 
                as to the fact of whether an employee has been--

                        (aa) convicted of a felony, an offense 
                    involving dishonesty or a false statement if the 
                    conviction occurred during the previous 10 years, 
                    or an offense involving the use or attempted use of 
                    physical force against the person of another if the 
                    conviction occurred during the previous 10 years; 
                    or
                        (bb) charged with a criminal felony for which 
                    there has been no resolution during the preceding 
                    365 days; or

                    (II) a participating State that has State standards 
                for qualification to be a private security officer, the 
                State shall use the information received pursuant to 
                this Act in applying the State standards and shall only 
                notify the employer of the results of the application 
                of the State standards.

            (E) Frequency of requests.--An authorized employer may 
        request a criminal history record information search for an 
        employee only once every 12 months of continuous employment by 
        that employee unless the authorized employer has good cause to 
        submit additional requests.
        (2) Regulations.--Not later than 180 days after the date of 
    enactment of this Act, the Attorney General shall issue such final 
    or interim final regulations as may be necessary to carry out this 
    Act, including--
            (A) measures relating to the security, confidentiality, 
        accuracy, use, submission, dissemination, destruction of 
        information and audits, and record keeping;
            (B) standards for qualification as an authorized employer; 
        and
            (C) the imposition of reasonable fees necessary for 
        conducting the background checks.
        (3) Criminal penalties for use of information.--Whoever 
    knowingly and intentionally uses any information obtained pursuant 
    to this Act other than for the purpose of determining the 
    suitability of an individual for employment as a private security 
    officer shall be fined under title 18, United States Code, or 
    imprisoned for not more than 2 years, or both.
        (4) User fees.--
            (A) In general.--The Director of the Federal Bureau of 
        Investigation may--
                (i) collect fees to process background checks provided 
            for by this Act; and
                (ii) establish such fees at a level to include an 
            additional amount to defray expenses for the automation of 
            fingerprint identification and criminal justice information 
            services and associated costs.
            (B) Limitations.--Any fee collected under this subsection--
                (i) shall, consistent with Public Law 101-515 and 
            Public Law 104-99, be credited to the appropriation to be 
            used for salaries and other expenses incurred through 
            providing the services described in such Public Laws and in 
            subparagraph (A);
                (ii) shall be available for expenditure only to pay the 
            costs of such activities and services; and
                (iii) shall remain available until expended.
            (C) State costs.--Nothing in this Act shall be construed as 
        restricting the right of a State to assess a reasonable fee on 
        an authorized employer for the costs to the State of 
        administering this Act.
        (5) State opt out.--A State may decline to participate in the 
    background check system authorized by this Act by enacting a law or 
    issuing an order by the Governor (if consistent with State law) 
    providing that the State is declining to participate pursuant to 
    this subsection.
SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS.
    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall report to the 
Judiciary Committee of the Senate and the Judiciary Committee of the 
House of Representatives regarding all statutory requirements for 
criminal history record checks that are required to be conducted by the 
Department of Justice or any of its components.
    (b) Definitions.--As used in this section--
        (1) the terms ``criminal history information'' and ``criminal 
    history records'' include--
            (A) an identifying description of the individual to whom 
        the information or records pertain;
            (B) notations of arrests, detentions, indictments, or other 
        formal criminal charges pertaining to such individual; and
            (C) any disposition to a notation described in subparagraph 
        (B), including acquittal, sentencing, correctional supervision, 
        or release; and
        (2) the term ``IAFIS'' means the Integrated Automated 
    Fingerprint Identification System of the Federal Bureau of 
    Allocation, which serves as the national depository for 
    fingerprint, biometric, and criminal history information, through 
    which fingerprints are processed electronically.
    (c) Identification of Information.--The Attorney General shall 
identify--
        (1) the number of criminal history record checks requested, 
    including the type of information requested;
        (2) the usage of different terms and definitions regarding 
    criminal history information; and
        (3) the variation in fees charged for such information and who 
    pays such fees.
    (d) Recommendations.--The Attorney General shall make 
recommendations to Congress for improving, standardizing, and 
consolidating the existing statutory authorization, programs, and 
procedures for the conduct of criminal history record checks for non-
criminal justice purposes. In making these recommendations to Congress, 
the Attorney General shall consider--
        (1) the effectiveness and efficiency of utilizing commercially 
    available databases as a supplement to IAFIS criminal history 
    information checks;
        (2) any security concerns created by the existence of these 
    commercially available databases concerning their ability to 
    provide sensitive information that is not readily available about 
    law enforcement or intelligence officials, including their 
    identity, residence, and financial status;
        (3) the effectiveness of utilizing State databases;
        (4) any feasibility studies by the Department of Justice of the 
    resources and structure of the Federal Bureau of Investigation to 
    establish a system to provide criminal history information;
        (5) privacy rights and other employee protections, including--
            (A) employee consent;
            (B) access to the records used if employment was denied;
            (C) the disposition of the fingerprint submissions after 
        the records are searched;
            (D) an appeal mechanism; and
            (E) penalties for misuse of the information;
        (6) the scope and means of processing background checks for 
    private employers utilizing data maintained by the Federal Bureau 
    of Investigation that the Attorney General should be allowed to 
    authorize in cases where the authority for such checks is not 
    available at the State level;
        (7) any restrictions that should be placed on the ability of an 
    employer to charge an employee or prospective employee for the cost 
    associated with the background check;
        (8) which requirements should apply to the handling of 
    incomplete records;
        (9) the circumstances under which the criminal history 
    information should be disseminated to the employer;
        (10) the type of restrictions that should be prescribed for the 
    handling of criminal history information by an employer;
        (11) the range of Federal and State fees that might apply to 
    such background check requests;
        (12) any requirements that should be imposed concerning the 
    time for responding to such background check requests;
        (13) any infrastructure that may need to be developed to 
    support the processing of such checks, including--
            (A) the means by which information is collected and 
        submitted in support of the checks; and
            (B) the system capacity needed to process such checks at 
        the Federal and State level;
        (14) the role that States should play; and
        (15) any other factors that the Attorney General determines to 
    be relevant to the subject of the report.
    (e) Consultation.--In developing the report under this section, the 
Attorney General shall consult with representatives of State criminal 
history record repositories, the National Crime Prevention and Privacy 
Compact Council, appropriate representatives of private industry, and 
representatives of labor, as determined appropriate by the Attorney 
General.

               Subtitle F--Grand Jury Information Sharing

SEC. 6501. GRAND JURY INFORMATION SHARING.

    (a) Rule Amendments.--Rule 6(e) of the Federal Rules of Criminal 
Procedure is amended--
        (1) in paragraph (3)--
            (A) in subparagraph (A)(ii), by striking ``or state 
        subdivision or of an Indian tribe'' and inserting ``, state 
        subdivision, Indian tribe, or foreign government'';
            (B) in subparagraph (D)--
                (i) by inserting after the first sentence the 
            following: ``An attorney for the government may also 
            disclose any grand jury matter involving, within the United 
            States or elsewhere, a threat of attack or other grave 
            hostile acts of a foreign power or its agent, a threat of 
            domestic or international sabotage or terrorism, or 
            clandestine intelligence gathering activities by an 
            intelligence service or network of a foreign power or by 
            its agent, to any appropriate Federal, State, State 
            subdivision, Indian tribal, or foreign government official, 
            for the purpose of preventing or responding to such threat 
            or activities.''; and
                (ii) in clause (i)--

                    (I) by striking ``federal''; and
                    (II) by adding at the end the following: ``Any 
                State, State subdivision, Indian tribal, or foreign 
                government official who receives information under Rule 
                6(e)(3)(D) may use the information only consistent with 
                such guidelines as the Attorney General and the 
                Director of National Intelligence shall jointly 
                issue.''; and

            (C) in subparagraph (E)--
                (i) by redesignating clauses (iii) and (iv) as clauses 
            (iv) and (v), respectively;
                (ii) by inserting after clause (ii) the following:
                ``(iii) at the request of the government, when sought 
            by a foreign court or prosecutor for use in an official 
            criminal investigation;''; and
                (iii) in clause (iv), as redesignated--

                    (I) by striking ``state or Indian tribal'' and 
                inserting ``State, Indian tribal, or foreign''; and
                    (II) by striking ``or Indian tribal official'' and 
                inserting ``Indian tribal, or foreign government 
                official''; and

        (2) in paragraph (7), by inserting ``, or of guidelines jointly 
    issued by the Attorney General and the Director of National 
    Intelligence pursuant to Rule 6,'' after ``Rule 6''.
    (b) Conforming Amendment.--Section 203(c) of Public Law 107-56 (18 
U.S.C. 2517 note) is amended by striking ``Rule 6(e)(3)(C)(i)(V) and 
(VI)'' and inserting ``Rule 6(e)(3)(D)''.

          Subtitle G--Providing Material Support to Terrorism

SEC. 6601. SHORT TITLE.

    This subtitle may be cited as the ``Material Support to Terrorism 
Prohibition Enhancement Act of 2004''.
SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST 
ORGANIZATION.
    Chapter 113B of title 18, United States Code, is amended by adding 
after section 2339C the following new section:

``Sec. 2339D. Receiving military-type training from a foreign terrorist 
            organization

    ``(a) Offense.--Whoever knowingly receives military-type training 
from or on behalf of any organization designated at the time of the 
training by the Secretary of State under section 219(a)(1) of the 
Immigration and Nationality Act as a foreign terrorist organization 
shall be fined under this title or imprisoned for ten years, or both. 
To violate this subsection, a person must have knowledge that the 
organization is a designated terrorist organization (as defined in 
subsection (c)(4)), that the organization has engaged or engages in 
terrorist activity (as defined in section 212 of the Immigration and 
Nationality Act), or that the organization has engaged or engages in 
terrorism (as defined in section 140(d)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989).
    ``(b) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section. There is 
jurisdiction over an offense under subsection (a) if--
        ``(1) an offender is a national of the United States (as 
    defined in 101(a)(22) of the Immigration and Nationality Act) or an 
    alien lawfully admitted for permanent residence in the United 
    States (as defined in section 101(a)(20) of the Immigration and 
    Nationality Act);
        ``(2) an offender is a stateless person whose habitual 
    residence is in the United States;
        ``(3) after the conduct required for the offense occurs an 
    offender is brought into or found in the United States, even if the 
    conduct required for the offense occurs outside the United States;
        ``(4) the offense occurs in whole or in part within the United 
    States;
        ``(5) the offense occurs in or affects interstate or foreign 
    commerce; or
        ``(6) an offender aids or abets any person over whom 
    jurisdiction exists under this paragraph in committing an offense 
    under subsection (a) or conspires with any person over whom 
    jurisdiction exists under this paragraph to commit an offense under 
    subsection (a).
    ``(c) Definitions.--As used in this section--
        ``(1) the term `military-type training' includes training in 
    means or methods that can cause death or serious bodily injury, 
    destroy or damage property, or disrupt services to critical 
    infrastructure, or training on the use, storage, production, or 
    assembly of any explosive, firearm or other weapon, including any 
    weapon of mass destruction (as defined in section 2232a(c)(2));
        ``(2) the term `serious bodily injury' has the meaning given 
    that term in section 1365(h)(3);
        ``(3) the term `critical infrastructure' means systems and 
    assets vital to national defense, national security, economic 
    security, public health or safety including both regional and 
    national infrastructure. Critical infrastructure may be publicly or 
    privately owned; examples of critical infrastructure include gas 
    and oil production, storage, or delivery systems, water supply 
    systems, telecommunications networks, electrical power generation 
    or delivery systems, financing and banking systems, emergency 
    services (including medical, police, fire, and rescue services), 
    and transportation systems and services (including highways, mass 
    transit, airlines, and airports); and
        ``(4) the term `foreign terrorist organization' means an 
    organization designated as a terrorist organization under section 
    219(a)(1) of the Immigration and Nationality Act.''.
SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO 
TERRORISM.
    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended--
        (1) in section 2332b(g)(5)(B)(i)--
            (A) by inserting ``1361 (relating to government property or 
        contracts),'' before ``1362''; and
            (B) by inserting ``2156 (relating to national defense 
        material, premises, or utilities),'' before ``2280''; and
        (2) in section 2339A--
            (A) by striking ``or'' before ``section 46502''; and
            (B) by inserting ``or any offense listed in section 
        2332b(g)(5)(B) (except for sections 2339A and 2339B)'' after 
        ``section 60123(b) of title 49,''.
    (b) Definitions.--Section 2339A(b) of title 18, United States Code, 
is amended to read as follows:
    ``(b) Definitions.--As used in this section--
        ``(1) the term `material support or resources' means any 
    property, tangible or intangible, or service, including currency or 
    monetary instruments or financial securities, financial services, 
    lodging, training, expert advice or assistance, safehouses, false 
    documentation or identification, communications equipment, 
    facilities, weapons, lethal substances, explosives, personnel (1 or 
    more individuals who may be or include oneself), and 
    transportation, except medicine or religious materials;
        ``(2) the term `training' means instruction or teaching 
    designed to impart a specific skill, as opposed to general 
    knowledge; and
        ``(3) the term `expert advice or assistance' means advice or 
    assistance derived from scientific, technical or other specialized 
    knowledge.''.
    (c) Addition to Offense of Providing Material Support to Terrorist 
Organizations.--Section 2339B(a)(1) of title 18, United States Code, is 
amended--
        (1) by striking ``, within the United States or subject to the 
    jurisdiction of the United States,''; and
        (2) by adding at the end the following: ``To violate this 
    paragraph, a person must have knowledge that the organization is a 
    designated terrorist organization (as defined in subsection 
    (g)(6)), that the organization has engaged or engages in terrorist 
    activity (as defined in section 212(a)(3)(B) of the Immigration and 
    Nationality Act), or that the organization has engaged or engages 
    in terrorism (as defined in section 140(d)(2) of the Foreign 
    Relations Authorization Act, Fiscal Years 1988 and 1989).''.
    (d) Federal Authority.--Section 2339B(d) of title 18 is amended by 
striking ``There'' and inserting the following:
        ``(1) In general.--There is jurisdiction over an offense under 
    subsection (a) if--
        ``(A) an offender is a national of the United States (as 
    defined in section 101(a)(22) of the Immigration and Nationality 
    Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for 
    permanent residence in the United States (as defined in section 
    101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 
    1101(a)(20)));
        ``(B) an offender is a stateless person whose habitual 
    residence is in the United States;
        ``(C) after the conduct required for the offense occurs an 
    offender is brought into or found in the United States, even if the 
    conduct required for the offense occurs outside the United States;
        ``(D) the offense occurs in whole or in part within the United 
    States;
        ``(E) the offense occurs in or affects interstate or foreign 
    commerce; or
        ``(F) an offender aids or abets any person over whom 
    jurisdiction exists under this paragraph in committing an offense 
    under subsection (a) or conspires with any person over whom 
    jurisdiction exists under this paragraph to commit an offense under 
    subsection (a).''.
        ``(2) Extraterritorial jurisdiction.--There''.
    (e) Definition.--Section 2339B(g)(4) of title 18, United States 
Code, is amended to read as follows:
        ``(4) the term `material support or resources' has the same 
    meaning given that term in section 2339A (including the definitions 
    of `training' and `expert advice or assistance' in that 
    section);''.
    (f) Additional Provisions.--Section 2339B of title 18, United 
States Code, is amended by adding at the end the following:
    ``(h) Provision of Personnel.--No person may be prosecuted under 
this section in connection with the term `personnel' unless that person 
has knowingly provided, attempted to provide, or conspired to provide a 
foreign terrorist organization with 1 or more individuals (who may be 
or include himself) to work under that terrorist organization's 
direction or control or to organize, manage, supervise, or otherwise 
direct the operation of that organization. Individuals who act entirely 
independently of the foreign terrorist organization to advance its 
goals or objectives shall not be considered to be working under the 
foreign terrorist organization's direction and control.
    ``(i) Rule of Construction.--Nothing in this section shall be 
construed or applied so as to abridge the exercise of rights guaranteed 
under the First Amendment to the Constitution of the United States.
    ``(j) Exception.--No person may be prosecuted under this section in 
connection with the term `personnel', `training', or `expert advice or 
assistance' if the provision of that material support or resources to a 
foreign terrorist organization was approved by the Secretary of State 
with the concurrence of the Attorney General. The Secretary of State 
may not approve the provision of any material support that may be used 
to carry out terrorist activity (as defined in section 
212(a)(3)(B)(iii) of the Immigration and Nationality Act).''.
    (g) Sunset Provision.--
        (1) In general.--Except as provided in paragraph (2), this 
    section and the amendments made by this section shall cease to be 
    effective on December 31, 2006.
        (2) Exception.--This section and the amendments made by this 
    section shall continue in effect with respect to any particular 
    offense that--
            (A) is prohibited by this section or amendments made by 
        this section; and
            (B) began or occurred before December 31, 2006.

SEC. 6604. FINANCING OF TERRORISM.

    (a) Financing Terrorism.--Section 2339c(c)(2) of title 18, United 
States Code, is amended--
        (1) by striking ``, resources, or funds'' and inserting ``or 
    resources, or any funds or proceeds of such funds'';
        (2) in subparagraph (A), by striking ``were provided'' and 
    inserting ``are to be provided, or knowing that the support or 
    resources were provided,''; and
        (3) in subparagraph (B)--
            (A) by striking ``or any proceeds of such funds''; and
            (B) by striking ``were provided or collected'' and 
        inserting ``are to be provided or collected, or knowing that 
        the funds were provided or collected,''.
    (b) Definitions.--Section 2339c(e) of title 18, United States Code, 
is amended--
        (1) by striking ``and'' at the end of paragraph (12);
        (2) by redesignating paragraph (13) as paragraph (14); and
        (3) by inserting after paragraph (12) the following:
        ``(13) the term `material support or resources' has the same 
    meaning given that term in section 2339B(g)(4) of this title; 
    and''.

       Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004

SEC. 6701. SHORT TITLE.

    This subtitle may be cited as the ``Stop Terrorist and Military 
Hoaxes Act of 2004''.

SEC. 6702. HOAXES AND RECOVERY COSTS.

    (a) Prohibition on Hoaxes.--Chapter 47 of title 18, United States 
Code, is amended by inserting after section 1037 the following:

``Sec. 1038. False information and hoaxes

    ``(a) Criminal Violation.--
        ``(1) In general.--Whoever engages in any conduct with intent 
    to convey false or misleading information under circumstances where 
    such information may reasonably be believed and where such 
    information indicates that an activity has taken, is taking, or 
    will take place that would constitute a violation of chapter 2, 10, 
    11B, 39, 40, 44, 111, or 113B of this title, section 236 of the 
    Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the 
    second sentence of section 46504, section 46505(b)(3) or (c), 
    section 46506 if homicide or attempted homicide is involved, or 
    section 60123(b) of title 49, shall--
            ``(A) be fined under this title or imprisoned not more than 
        5 years, or both;
            ``(B) if serious bodily injury results, be fined under this 
        title or imprisoned not more than 20 years, or both; and
            ``(C) if death results, be fined under this title or 
        imprisoned for any number of years up to life, or both.
        ``(2) Armed forces.--Any person who makes a false statement, 
    with intent to convey false or misleading information, about the 
    death, injury, capture, or disappearance of a member of the Armed 
    Forces of the United States during a war or armed conflict in which 
    the United States is engaged--
            ``(A) shall be fined under this title, imprisoned not more 
        than 5 years, or both;
            ``(B) if serious bodily injury results, shall be fined 
        under this title, imprisoned not more than 20 years, or both; 
        and
            ``(C) if death results, shall be fined under this title, 
        imprisoned for any number of years or for life, or both.
    ``(b) Civil Action.--Whoever engages in any conduct with intent to 
convey false or misleading information under circumstances where such 
information may reasonably be believed and where such information 
indicates that an activity has taken, is taking, or will take place 
that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 
111, or 113B of this title, section 236 of the Atomic Energy Act of 
1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 
46504, section 46505 (b)(3) or (c), section 46506 if homicide or 
attempted homicide is involved, or section 60123(b) of title 49 is 
liable in a civil action to any party incurring expenses incident to 
any emergency or investigative response to that conduct, for those 
expenses.
    ``(c) Reimbursement.--
        ``(1) In general.--The court, in imposing a sentence on a 
    defendant who has been convicted of an offense under subsection 
    (a), shall order the defendant to reimburse any state or local 
    government, or private not-for-profit organization that provides 
    fire or rescue service incurring expenses incident to any emergency 
    or investigative response to that conduct, for those expenses.
        ``(2) Liability.--A person ordered to make reimbursement under 
    this subsection shall be jointly and severally liable for such 
    expenses with each other person, if any, who is ordered to make 
    reimbursement under this subsection for the same expenses.
        ``(3) Civil judgment.--An order of reimbursement under this 
    subsection shall, for the purposes of enforcement, be treated as a 
    civil judgment.
    ``(d) Activities of Law Enforcement.--This section does not 
prohibit any lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United States, 
a State, or political subdivision of a State, or of an intelligence 
agency of the United States.''.
    (b) Clerical Amendment.--The table of sections as the beginning of 
chapter 47 of title 18, United States Code, is amended by adding after 
the item for section 1037 the following:

``1038. False information and hoaxes.''.
SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM 
CASES.
    (a) Enhanced Penalty.--Section 1001(a) and the third undesignated 
paragraph of section 1505 of title 18, United States Code, are amended 
by striking ``be fined under this title or imprisoned not more than 5 
years, or both'' and inserting ``be fined under this title, imprisoned 
not more than 5 years or, if the offense involves international or 
domestic terrorism (as defined in section 2331), imprisoned not more 
than 8 years, or both''.
    (b) Sentencing Guidelines.--Not later than 30 days of the enactment 
of this section, the United States Sentencing Commission shall amend 
the Sentencing Guidelines to provide for an increased offense level for 
an offense under sections 1001(a) and 1505 of title 18, United States 
Code, if the offense involves international or domestic terrorism, as 
defined in section 2331 of such title.

SEC. 6704. CLARIFICATION OF DEFINITION.

    Section 1958 of title 18, United States Code, is amended--
        (1) in subsection (a), by striking ``facility in'' and 
    inserting ``facility of''; and
        (2) in subsection (b)(2), by inserting ``or foreign'' after 
    ``interstate''.

Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of 
                                  2004

SEC. 6801. SHORT TITLE.

    This subtitle may be cited as the ``Weapons of Mass Destruction 
Prohibition Improvement Act of 2004''.

SEC. 6802. WEAPONS OF MASS DESTRUCTION.

    (a) Expansion of Jurisdictional Bases and Scope.--Section 2332a of 
title 18, United States Code, is amended--
        (1) so that paragraph (2) of subsection (a) reads as follows:
        ``(2) against any person or property within the United States, 
    and
            ``(A) the mail or any facility of interstate or foreign 
        commerce is used in furtherance of the offense;
            ``(B) such property is used in interstate or foreign 
        commerce or in an activity that affects interstate or foreign 
        commerce;
            ``(C) any perpetrator travels in or causes another to 
        travel in interstate or foreign commerce in furtherance of the 
        offense; or
            ``(D) the offense, or the results of the offense, affect 
        interstate or foreign commerce, or, in the case of a threat, 
        attempt, or conspiracy, would have affected interstate or 
        foreign commerce;'';
        (2) in paragraph (3) of subsection (a), by striking the comma 
    at the end and inserting ``; or'';
        (3) in subsection (a), by adding the following at the end:
        ``(4) against any property within the United States that is 
    owned, leased, or used by a foreign government,'';
        (4) at the end of subsection (c)(1), by striking ``and'';
        (5) in subsection (c)(2), by striking the period at the end and 
    inserting ``; and''; and
        (6) in subsection (c), by adding at the end the following:
        ``(3) the term `property' includes all real and personal 
    property.''.
    (b) Restoration of the Coverage of Chemical Weapons.--Section 2332a 
of title 18, United States Code, as amended by subsection (a), is 
further amended--
        (1) in the section heading, by striking ``certain'';
        (2) in subsection (a), by striking ``(other than a chemical 
    weapon as that term is defined in section 229F)''; and
        (3) in subsection (b), by striking ``(other than a chemical 
    weapon (as that term is defined in section 229F))''.
    (c) Expansion of Categories of Restricted Persons Subject to 
Prohibitions Relating to Select Agents.--Section 175b(d)(2) of title 
18, United States Code, is amended--
        (1) in subparagraph (G) by--
            (A) inserting ``(i)'' after ``(G)'';
            (B) inserting ``, or (ii) acts for or on behalf of, or 
        operates subject to the direction or control of, a government 
        or official of a country described in this subparagraph'' after 
        ``terrorism''; and
            (C) striking ``or'' after the semicolon.
        (2) in subparagraph (H) by striking the period and inserting 
    ``; or''; and
        (3) by adding at the end the following new subparagraph:
            ``(I) is a member of, acts for or on behalf of, or operates 
        subject to the direction or control of, a terrorist 
        organization as defined in section 212(a)(3)(B)(vi) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1182(a)(3)(B)(vi)).''.
    (d) Conforming Amendment to Regulations.--
        (1) Section 175b(a)(1) of title 18, United States Code, is 
    amended by striking ``as a select agent in Appendix A'' and all 
    that follows and inserting the following: ``as a non-overlap or 
    overlap select biological agent or toxin in sections 73.4 and 73.5 
    of title 42, Code of Federal Regulations, pursuant to section 351A 
    of the Public Health Service Act, and is not excluded under 
    sections 73.4 and 73.5 or exempted under section 73.6 of title 42, 
    Code of Federal Regulations.''.
        (2) The amendment made by paragraph (1) shall take effect at 
    the same time that sections 73.4, 73.5, and 73.6 of title 42, Code 
    of Federal Regulations, become effective.
    (e) Enhancing Prosecution of Weapons of Mass Destruction 
Offenses.--Section 1961(1)(B) of title 18, United States Code, is 
amended by adding at the end the following: ``sections 175-178 
(relating to biological weapons), sections 229-229F (relating to 
chemical weapons), section 831 (relating to nuclear materials),''.
SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION 
THREATS TO THE UNITED STATES.
    (a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 
2077(b)) is amended by striking ``in the production of any special 
nuclear material'' and inserting ``or participate in the development or 
production of any special nuclear material''.
    (b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is 
amended--
        (1) by inserting ``, inside or outside of the United States,'' 
    after ``for any person''; and
        (2) by inserting ``participate in the development of,'' after 
    ``interstate or foreign commerce,''.
    (c) Title 18, United States Code, is amended--
        (1) in the table of sections at the beginning of chapter 39, by 
    inserting after the item relating to section 831 the following:

``832. Participation in nuclear and weapons of mass destruction threats 
          to the United States.'';
        (2) by inserting after section 831 the following:

``Sec. 832. Participation in nuclear and weapons of mass destruction 
            threats to the United States

    ``(a) Whoever, within the United States or subject to the 
jurisdiction of the United States, willfully participates in or 
knowingly provides material support or resources (as defined in section 
2339A) to a nuclear weapons program or other weapons of mass 
destruction program of a foreign terrorist power, or attempts or 
conspires to do so, shall be imprisoned for not more than 20 years.
    ``(b) There is extraterritorial Federal jurisdiction over an 
offense under this section.
    ``(c) Whoever without lawful authority develops, possesses, or 
attempts or conspires to develop or possess a radiological weapon, or 
threatens to use or uses a radiological weapon against any person 
within the United States, or a national of the United States while such 
national is outside of the United States or against any property that 
is owned, leased, funded, or used by the United States, whether that 
property is within or outside of the United States, shall be imprisoned 
for any term of years or for life.
    ``(d) As used in this section--
        ``(1) `nuclear weapons program' means a program or plan for the 
    development, acquisition, or production of any nuclear weapon or 
    weapons;
        ``(2) `weapons of mass destruction program' means a program or 
    plan for the development, acquisition, or production of any weapon 
    or weapons of mass destruction (as defined in section 2332a(c));
        ``(3) `foreign terrorist power' means a terrorist organization 
    designated under section 219 of the Immigration and Nationality 
    Act, or a state sponsor of terrorism designated under section 6(j) 
    of the Export Administration Act of 1979 or section 620A of the 
    Foreign Assistance Act of 1961; and
        ``(4) `nuclear weapon' means any weapon that contains or uses 
    nuclear material as defined in section 831(f)(1).''; and
        (3) in section 2332b(g)(5)(B)(i), by inserting after ``nuclear 
    materials),'' the following: ``832 (relating to participation in 
    nuclear and weapons of mass destruction threats to the United 
    States)''.

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

SEC. 6901. SHORT TITLE.

    This subtitle may be cited as the ``Prevention of Terrorist Access 
to Destructive Weapons Act of 2004''.

SEC. 6902. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
        (1) The criminal use of man-portable air defense systems 
    (referred to in this section as ``MANPADS'') presents a serious 
    threat to civil aviation worldwide, especially in the hands of 
    terrorists or foreign states that harbor them.
        (2) Atomic weapons or weapons designed to release radiation 
    (commonly known as ``dirty bombs'') could be used by terrorists to 
    inflict enormous loss of life and damage to property and the 
    environment.
        (3) Variola virus is the causative agent of smallpox, an 
    extremely serious, contagious, and sometimes fatal disease. Variola 
    virus is classified as a Category A agent by the Centers for 
    Disease Control and Prevention, meaning that it is believed to pose 
    the greatest potential threat for adverse public health impact and 
    has a moderate to high potential for large-scale dissemination. The 
    last case of smallpox in the United States was in 1949. The last 
    naturally occurring case in the world was in Somalia in 1977. 
    Although smallpox has been officially eradicated after a successful 
    worldwide vaccination program, there remain two official 
    repositories of the variola virus for research purposes. Because it 
    is so dangerous, the variola virus may appeal to terrorists.
        (4) The use, or even the threatened use, of MANPADS, atomic or 
    radiological weapons, or the variola virus, against the United 
    States, its allies, or its people, poses a grave risk to the 
    security, foreign policy, economy, and environment of the United 
    States. Accordingly, the United States has a compelling national 
    security interest in preventing unlawful activities that lead to 
    the proliferation or spread of such items, including their 
    unauthorized production, construction, acquisition, transfer, 
    possession, import, or export. All of these activities markedly 
    increase the chances that such items will be obtained by terrorist 
    organizations or rogue states, which could use them to attack the 
    United States, its allies, or United States nationals or 
    corporations.
        (5) There is no legitimate reason for a private individual or 
    company, absent explicit government authorization, to produce, 
    construct, otherwise acquire, transfer, receive, possess, import, 
    export, or use MANPADS, atomic or radiological weapons, or the 
    variola virus.
    (b) Purpose.--The purpose of this subtitle is to combat the 
potential use of weapons that have the ability to cause widespread harm 
to United States persons and the United States economy (and that have 
no legitimate private use) and to threaten or harm the national 
security or foreign relations of the United States.
SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
    Chapter 113B of title 18, United States Code, is amended by adding 
after section 2332f the following:

``Sec. 2332g. Missile systems designed to destroy aircraft

    ``(a) Unlawful Conduct.--
        ``(1) In general.--Except as provided in paragraph (3), it 
    shall be unlawful for any person to knowingly produce, construct, 
    otherwise acquire, transfer directly or indirectly, receive, 
    possess, import, export, or use, or possess and threaten to use--
            ``(A) an explosive or incendiary rocket or missile that is 
        guided by any system designed to enable the rocket or missile 
        to--
                ``(i) seek or proceed toward energy radiated or 
            reflected from an aircraft or toward an image locating an 
            aircraft; or
                ``(ii) otherwise direct or guide the rocket or missile 
            to an aircraft;
            ``(B) any device designed or intended to launch or guide a 
        rocket or missile described in subparagraph (A); or
            ``(C) any part or combination of parts designed or 
        redesigned for use in assembling or fabricating a rocket, 
        missile, or device described in subparagraph (A) or (B).
        ``(2) Nonweapon.--Paragraph (1)(A) does not apply to any device 
    that is neither designed nor redesigned for use as a weapon.
        ``(3) Excluded conduct.--This subsection does not apply with 
    respect to--
            ``(A) conduct by or under the authority of the United 
        States or any department or agency thereof or of a State or any 
        department or agency thereof; or
            ``(B) conduct pursuant to the terms of a contract with the 
        United States or any department or agency thereof or with a 
        State or any department or agency thereof.
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
        ``(1) the offense occurs in or affects interstate or foreign 
    commerce;
        ``(2) the offense occurs outside of the United States and is 
    committed by a national of the United States;
        ``(3) the offense is committed against a national of the United 
    States while the national is outside the United States;
        ``(4) the offense is committed against any property that is 
    owned, leased, or used by the United States or by any department or 
    agency of the United States, whether the property is within or 
    outside the United States; or
        ``(5) an offender aids or abets any person over whom 
    jurisdiction exists under this subsection in committing an offense 
    under this section or conspires with any person over whom 
    jurisdiction exists under this subsection to commit an offense 
    under this section.
    ``(c) Criminal Penalties.--
        ``(1) In general.--Any person who violates, or attempts or 
    conspires to violate, subsection (a) shall be fined not more than 
    $2,000,000 and shall be sentenced to a term of imprisonment not 
    less than 25 years or to imprisonment for life.
        ``(2) Other circumstances.--Any person who, in the course of a 
    violation of subsection (a), uses, attempts or conspires to use, or 
    possesses and threatens to use, any item or items described in 
    subsection (a), shall be fined not more than $2,000,000 and 
    imprisoned for not less than 30 years or imprisoned for life.
        ``(3) Special circumstances.--If the death of another results 
    from a person's violation of subsection (a), the person shall be 
    fined not more than $2,000,000 and punished by imprisonment for 
    life.
    ``(d) Definition.--As used in this section, the term `aircraft' has 
the definition set forth in section 40102(a)(6) of title 49, United 
States Code.''.

SEC. 6904. ATOMIC WEAPONS.

    (a) Prohibitions.--Section 92 of the Atomic Energy Act of 1954 (42 
U.S.C. 2122) is amended--
        (1) by inserting at the beginning ``a.'' before ``It'';
        (2) by inserting ``knowingly'' after ``for any person to'';
        (3) by striking ``or'' before ``export'';
        (4) by striking ``transfer or receive in interstate or foreign 
    commerce,'' before ``manufacture'';
        (5) by inserting ``receive,'' after ``acquire,'';
        (6) by inserting ``, or use, or possess and threaten to use,'' 
    before ``any atomic weapon''; and
        (7) by inserting at the end the following:
    ``b. Conduct prohibited by subsection a. is within the jurisdiction 
of the United States if--
        ``(1) the offense occurs in or affects interstate or foreign 
    commerce; the offense occurs outside of the United States and is 
    committed by a national of the United States;
        ``(2) the offense is committed against a national of the United 
    States while the national is outside the United States;
        ``(3) the offense is committed against any property that is 
    owned, leased, or used by the United States or by any department or 
    agency of the United States, whether the property is within or 
    outside the United States; or
        ``(4) an offender aids or abets any person over whom 
    jurisdiction exists under this subsection in committing an offense 
    under this section or conspires with any person over whom 
    jurisdiction exists under this subsection to commit an offense 
    under this section.''.
    (b) Violations.--Section 222 of the Atomic Energy Act of 1954 (42 
U.S.C. 2272) is amended by--
        (1) inserting at the beginning ``a.'' before ``Whoever'';
        (2) striking ``, 92,''; and
        (3) inserting at the end the following:
    ``b. Any person who violates, or attempts or conspires to violate, 
section 92 shall be fined not more than $2,000,000 and sentenced to a 
term of imprisonment not less than 25 years or to imprisonment for 
life. Any person who, in the course of a violation of section 92, uses, 
attempts or conspires to use, or possesses and threatens to use, any 
atomic weapon shall be fined not more than $2,000,000 and imprisoned 
for not less than 30 years or imprisoned for life. If the death of 
another results from a person's violation of section 92, the person 
shall be fined not more than $2,000,000 and punished by imprisonment 
for life.''.

SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.

    Chapter 113B of title 18, United States Code, is amended by adding 
after section 2332g the following:

``Sec. 2332h. Radiological dispersal devices

    ``(a) Unlawful Conduct.--
        ``(1) In general.--Except as provided in paragraph (2), it 
    shall be unlawful for any person to knowingly produce, construct, 
    otherwise acquire, transfer directly or indirectly, receive, 
    possess, import, export, or use, or possess and threaten to use--
            ``(A) any weapon that is designed or intended to release 
        radiation or radioactivity at a level dangerous to human life; 
        or
            ``(B) any device or other object that is capable of and 
        designed or intended to endanger human life through the release 
        of radiation or radioactivity.
        ``(2) Exception.--This subsection does not apply with respect 
    to--
            ``(A) conduct by or under the authority of the United 
        States or any department or agency thereof; or
            ``(B) conduct pursuant to the terms of a contract with the 
        United States or any department or agency thereof.
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
        ``(1) the offense occurs in or affects interstate or foreign 
    commerce;
        ``(2) the offense occurs outside of the United States and is 
    committed by a national of the United States;
        ``(3) the offense is committed against a national of the United 
    States while the national is outside the United States;
        ``(4) the offense is committed against any property that is 
    owned, leased, or used by the United States or by any department or 
    agency of the United States, whether the property is within or 
    outside the United States; or
        ``(5) an offender aids or abets any person over whom 
    jurisdiction exists under this subsection in committing an offense 
    under this section or conspires with any person over whom 
    jurisdiction exists under this subsection to commit an offense 
    under this section.
    ``(c) Criminal Penalties.--
        ``(1) In general.--Any person who violates, or attempts or 
    conspires to violate, subsection (a) shall be fined not more than 
    $2,000,000 and shall be sentenced to a term of imprisonment not 
    less than 25 years or to imprisonment for life.
        ``(2) Other circumstances.--Any person who, in the course of a 
    violation of subsection (a), uses, attempts or conspires to use, or 
    possesses and threatens to use, any item or items described in 
    subsection (a), shall be fined not more than $2,000,000 and 
    imprisoned for not less than 30 years or imprisoned for life.
        ``(3) Special circumstances.--If the death of another results 
    from a person's violation of subsection (a), the person shall be 
    fined not more than $2,000,000 and punished by imprisonment for 
    life.''.

SEC. 6906. VARIOLA VIRUS.

    Chapter 10 of title 18, United States Code, is amended by inserting 
after section 175b the following:

``Sec. 175c. Variola virus

    ``(a) Unlawful Conduct.--
        ``(1) In general.--Except as provided in paragraph (2), it 
    shall be unlawful for any person to knowingly produce, engineer, 
    synthesize, acquire, transfer directly or indirectly, receive, 
    possess, import, export, or use, or possess and threaten to use, 
    variola virus.
        ``(2) Exception.--This subsection does not apply to conduct by, 
    or under the authority of, the Secretary of Health and Human 
    Services.
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
        ``(1) the offense occurs in or affects interstate or foreign 
    commerce;
        ``(2) the offense occurs outside of the United States and is 
    committed by a national of the United States;
        ``(3) the offense is committed against a national of the United 
    States while the national is outside the United States;
        ``(4) the offense is committed against any property that is 
    owned, leased, or used by the United States or by any department or 
    agency of the United States, whether the property is within or 
    outside the United States; or
        ``(5) an offender aids or abets any person over whom 
    jurisdiction exists under this subsection in committing an offense 
    under this section or conspires with any person over whom 
    jurisdiction exists under this subsection to commit an offense 
    under this section.
    ``(c) Criminal Penalties.--
        ``(1) In general.--Any person who violates, or attempts or 
    conspires to violate, subsection (a) shall be fined not more than 
    $2,000,000 and shall be sentenced to a term of imprisonment not 
    less than 25 years or to imprisonment for life.
        ``(2) Other circumstances.--Any person who, in the course of a 
    violation of subsection (a), uses, attempts or conspires to use, or 
    possesses and threatens to use, any item or items described in 
    subsection (a), shall be fined not more than $2,000,000 and 
    imprisoned for not less than 30 years or imprisoned for life.
        ``(3) Special circumstances.--If the death of another results 
    from a person's violation of subsection (a), the person shall be 
    fined not more than $2,000,000 and punished by imprisonment for 
    life.
    ``(d) Definition.--As used in this section, the term `variola 
virus' means a virus that can cause human smallpox or any derivative of 
the variola major virus that contains more than 85 percent of the gene 
sequence of the variola major virus or the variola minor virus.''.

SEC. 6907. INTERCEPTION OF COMMUNICATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
        (1) in paragraph (a), by inserting ``2122 and'' after 
    ``sections'';
        (2) in paragraph (c), by inserting ``section 175c (relating to 
    variola virus),'' after ``section 175 (relating to biological 
    weapons),''; and
        (3) in paragraph (q), by inserting ``2332g, 2332h,'' after 
    ``2332f,''.
SEC. 6908. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18, UNITED 
STATES CODE.
    Section 2332b(g)(5)(B) of title 18, United States Code, is 
amended--
        (1) in clause (i)--
            (A) by inserting before ``2339 (relating to harboring 
        terrorists)'' the following: ``2332g (relating to missile 
        systems designed to destroy aircraft), 2332h (relating to 
        radiological dispersal devices),''; and
            (B) by inserting ``175c (relating to variola virus),'' 
        after ``175 or 175b (relating to biological weapons),''; and
        (2) in clause (ii)--
            (A) by striking ``section'' and inserting ``sections 92 
        (relating to prohibitions governing atomic weapons) or''; and
            (B) by inserting ``2122 or'' before ``2284''.
SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, UNITED 
STATES CODE.
    Section 1956(c)(7)(D), title 18, United States Code, is amended--
        (1) by inserting after ``section 152 (relating to concealment 
    of assets; false oaths and claims; bribery),'' the following: 
    ``section 175c (relating to the variola virus),'';
        (2) by inserting after ``section 2332(b) (relating to 
    international terrorist acts transcending national boundaries),'' 
    the following: ``section 2332g (relating to missile systems 
    designed to destroy aircraft), section 2332h (relating to 
    radiological dispersal devices),''; and
        (3) striking ``or'' after ``any felony violation of the Foreign 
    Agents Registration Act of 1938,'' and after ``any felony violation 
    of the Foreign Corrupt Practices Act'', striking ``;'' and 
    inserting ``, or section 92 of the Atomic Energy Act of 1954 (42 
    U.S.C. 2122) (relating to prohibitions governing atomic weapons)''.

SEC. 6910. EXPORT LICENSING PROCESS.

    Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778) 
is amended--
        (1) by striking ``or'' before ``(xi)''; and
        (2) by inserting after clause (xi) the following: ``or (xii) 
    section 3, 4, 5, and 6 of the Prevention of Terrorist Access to 
    Destructive Weapons Act of 2004, relating to missile systems 
    designed to destroy aircraft (18 U.S.C. 2332g), prohibitions 
    governing atomic weapons (42 U.S.C. 2122), radiological dispersal 
    devices (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175b);''.

SEC. 6911. CLERICAL AMENDMENTS.

    (a) Chapter 113B.--The table of sections for chapter 113B of title 
18, United States Code, is amended by inserting the following after the 
item for section 2332f:

``2332g. Missile systems designed to destroy aircraft.
``2332h. Radiological dispersal devices.''.

    (b) Chapter 10.--The table of sections for chapter 10 of title 18, 
United States Code, is amended by inserting the following item after 
the item for section 175b:

``175c. Variola virus.''.

              Subtitle K--Pretrial Detention of Terrorists

SEC. 6951. SHORT TITLE.

    This subtitle may be cited as the ``Pretrial Detention of 
Terrorists Act of 2004''.
SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING 
TERRORISM.
    Section 3142 of title 18, United States Code, is amended--
        (1) in subsection (e)--
            (A) by inserting ``or'' before ``the Maritime''; and
            (B) by inserting ``or an offense listed in section 
        2332b(g)(5)(B) of title 18, United States Code, for which a 
        maximum term of imprisonment of 10 years or more is 
        prescribed'' after ``or 2332b of this title,''; and
        (2) in subsections (f)(1)(A) and (g)(1), by inserting ``, or an 
    offense listed in section 2332b(g)(5)(B) for which a maximum term 
    of imprisonment of 10 years or more is prescribed'' after 
    ``violence'' each place such term appears.

      TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

SEC. 7001. SHORT TITLE.

    This title may be cited as the ``9/11 Commission Implementation Act 
of 2004''.

  Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on 
                               Terrorism

SEC. 7101. FINDINGS.

    Consistent with the report of the National Commission on Terrorist 
Attacks Upon the United States, Congress makes the following findings:
        (1) Long-term success in the war on terrorism demands the use 
    of all elements of national power, including diplomacy, military 
    action, intelligence, covert action, law enforcement, economic 
    policy, foreign aid, public diplomacy, and homeland defense.
        (2) To win the war on terrorism, the United States must assign 
    to economic and diplomatic capabilities the same strategic priority 
    that is assigned to military capabilities.
        (3) The legislative and executive branches of the Government of 
    the United States must commit to robust, long-term investments in 
    all of the tools necessary for the foreign policy of the United 
    States to successfully accomplish the goals of the United States.
        (4) The investments referred to in paragraph (3) will require 
    increased funding to United States foreign affairs programs in 
    general, and to priority areas as described in this title in 
    particular.

SEC. 7102. TERRORIST SANCTUARIES.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) Complex terrorist operations require locations that provide 
    such operations sanctuary from interference by Government or law 
    enforcement personnel.
        (2) A terrorist sanctuary existed in Afghanistan before 
    September 11, 2001.
        (3) The terrorist sanctuary in Afghanistan provided direct and 
    indirect value to members of al Qaeda who participated in the 
    terrorist attacks on the United States on September 11, 2001, and 
    in other terrorist operations.
        (4) Terrorist organizations have fled to some of the least 
    governed and most lawless places in the world to find sanctuary.
        (5) During the 21st century, terrorists are often focusing on 
    remote regions and failing states as locations to seek sanctuary.
    (b) Sense of Congress on United States Policy on Terrorist 
Sanctuaries.--It is the sense of Congress that it should be the policy 
of the United States--
        (1) to identify foreign countries that are being used as 
    terrorist sanctuaries;
        (2) to assess current United States resources and tools being 
    used to assist foreign governments to eliminate such sanctuaries;
        (3) to develop and implement a coordinated strategy to prevent 
    terrorists from using such foreign countries as sanctuaries; and
        (4) to work in bilateral and multilateral fora to elicit the 
    cooperation needed to identify and address terrorist sanctuaries 
    that may exist today, but, so far, remain unknown to governments.
    (c) Amendments to Existing Law To Include Terrorist Sanctuaries.--
        (1) In general.--Section 6(j) of the Export Administration Act 
    of 1979 (50 U.S.C. App. 2405(j)) is amended--
            (A) by redesignating paragraph (5) as paragraph (6); and
            (B) by inserting after paragraph (4) the following:
        ``(5)(A) As used in paragraph (1), the term `repeatedly 
    provided support for acts of international terrorism' shall include 
    the recurring use of any part of the territory of the country as a 
    sanctuary for terrorists or terrorist organizations.
        ``(B) In this paragraph--
            ``(i) the term `territory of a country' means the land, 
        waters, and airspace of the country; and
            ``(ii) the term `sanctuary' means an area in the territory 
        of a country--
                ``(I) that is used by a terrorist or terrorist 
            organization--

                    ``(aa) to carry out terrorist activities, including 
                training, financing, and recruitment; or
                    ``(bb) as a transit point; and

                ``(II) the government of which expressly consents to, 
            or with knowledge, allows, tolerates, or disregards such 
            use of its territory.''.
        (2) Rule of construction.--Nothing in this subsection or the 
    amendments made by this subsection shall be construed as affecting 
    any determination made by the Secretary of State pursuant to 
    section 6(j) of the Export Administration Act of 1979 with respect 
    to a country prior to the date of enactment of this Act.
        (3) Implementation.--The President shall implement the 
    amendments made by paragraph (1) by exercising the authorities of 
    the President under the International Emergency Economic Powers Act 
    (50 U.S.C. 1701 et seq.).
    (d) Amendments to Global Patterns of Terrorism Report.--
        (1) In general.--Section 140(a)(1) of the Foreign Relations 
    Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
    2656f(a)(1)) is amended--
            (A) by striking ``(1)'' and inserting ``(1)(A)'';
            (B) by redesignating subparagraphs (A) through (C) as 
        clauses (i) through (iii), respectively;
            (C) in subparagraph (A)(iii) (as redesignated), by adding 
        ``and'' at the end; and
            (D) by adding at the end the following:
            ``(B) detailed assessments with respect to each foreign 
        country whose territory is being used as a sanctuary for 
        terrorists or terrorist organizations;''.
        (2) Contents.--Section 140(b) of such Act (22 U.S.C. 2656f(b)) 
    is amended--
            (A) in paragraph (1)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``subsection (a)(1)'' and inserting ``subsection 
            (a)(1)(A)''; and
                (ii) by striking ``and'' at the end;
            (B) by redesignating paragraph (2) as paragraph (3);
            (C) by inserting after paragraph (1) the following:
        ``(2) with respect to subsection (a)(1)(B)--
            ``(A) the extent of knowledge by the government of the 
        country with respect to terrorist activities in the territory 
        of the country; and
            ``(B) the actions by the country--
                ``(i) to eliminate each terrorist sanctuary in the 
            territory of the country;
                ``(ii) to cooperate with United States antiterrorism 
            efforts; and
                ``(iii) to prevent the proliferation of and trafficking 
            in weapons of mass destruction in and through the territory 
            of the country;'';
            (D) in paragraph (3), as redesignated, by striking the 
        period at the end and inserting a semicolon; and
            (E) by inserting after paragraph (3) the following:
        ``(4) a strategy for addressing, and where possible 
    eliminating, terrorist sanctuaries that shall include--
            ``(A) a description of terrorist sanctuaries, together with 
        an assessment of the priorities of addressing and eliminating 
        such sanctuaries;
            ``(B) an outline of strategies for disrupting or 
        eliminating the security provided to terrorists by such 
        sanctuaries;
            ``(C) a description of efforts by the United States to work 
        with other countries in bilateral and multilateral fora to 
        address or eliminate terrorist sanctuaries and disrupt or 
        eliminate the security provided to terrorists by such 
        sanctuaries; and
            ``(D) a description of long-term goals and actions designed 
        to reduce the conditions that allow the formation of terrorist 
        sanctuaries; and
        ``(5) an update of the information contained in the report 
    required to be transmitted to Congress under 7120(b) of the 9/11 
    Commission Implementation Act of 2004.''.
        (3) Definitions.--Section 140(d) of the Foreign Relations 
    Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)) 
    is amended--
            (A) in paragraph (2), by striking ``and'' at the end;
            (B) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (C) by adding at the end the following:
        ``(4) the terms `territory' and `territory of the country' mean 
    the land, waters, and airspace of the country; and
        ``(5) the terms `terrorist sanctuary' and `sanctuary' mean an 
    area in the territory of the country--
            ``(A) that is used by a terrorist or terrorist 
        organization--
                ``(i) to carry out terrorist activities, including 
            training, fundraising, financing, and recruitment; or
                ``(ii) as a transit point; and
            ``(B) the government of which expressly consents to, or 
        with knowledge, allows, tolerates, or disregards such use of 
        its territory and is not subject to a determination under--
                ``(i) section 6(j)(1)(A) of the Export Administration 
            Act of 1979 (50 U.S.C. App. 2405(j)(1)(A));
                ``(ii) section 620A(a) of the Foreign Assistance Act of 
            1961 (22 U.S.C. 2371(a)); or
                ``(iii) section 40(d) of the Arms Export Control Act 
            (22 U.S.C. 2780(d)).''.
        (4) Effective date.--The amendments made by this subsection 
    apply with respect to the report required to be transmitted under 
    section 140 of the Foreign Relations Authorization Act, Fiscal 
    Years 1988 and 1989 (22 U.S.C. 2656f), by April 30, 2006, and by 
    April 30 of each subsequent year.
SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) The Government of Pakistan has a critical role to perform 
    in the struggle against terrorism.
        (2) Due to its location, topography, social conditions, and 
    other factors, Pakistan can be attractive to extremists seeking 
    refuge or opportunities to recruit or train, or a place from which 
    to operate against Coalition Forces in Afghanistan.
        (3) A stable Pakistan, with a moderate, responsible government 
    that serves as a voice of tolerance in the Muslim world, is 
    critical to stability in the region.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States should--
        (1) help to ensure a promising, stable, and secure future for 
    Pakistan over the long term;
        (2) provide a comprehensive program of assistance to encourage 
    and enable Pakistan--
            (A) to continue and improve upon its commitment to 
        combating extremists;
            (B) to seek to resolve any outstanding difficulties with 
        its neighbors and other countries in its region;
            (C) to continue to make efforts to fully control its 
        territory and borders;
            (D) to progress toward becoming a more effective and 
        participatory democracy;
            (E) to participate more vigorously in the global 
        marketplace and to continue to modernize its economy;
            (F) to take all necessary steps to halt the spread of 
        weapons of mass destruction;
            (G) to improve and expand access to education for all 
        citizens; and
            (H) to increase the number and level of exchanges between 
        the Pakistani people and the American people; and
        (3) continue to provide assistance to Pakistan at not less than 
    the overall levels requested by the President for fiscal year 2005.
    (c) Extension of Pakistan Waivers.--The Act entitled ``An Act to 
authorize the President to exercise waivers of foreign assistance 
restrictions with respect to Pakistan through September 30, 2003, and 
for other purposes'', approved October 27, 2001 (Public Law 107-57; 115 
Stat. 403), as amended by section 2213 of the Emergency Supplemental 
Appropriations Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1232), is further 
amended--
        (1) in section 1(b)--
            (A) in the heading, by striking ``Fiscal Year 2004'' and 
        inserting ``Fiscal Years 2005 and 2006''; and
            (B) in paragraph (1), by striking ``2004'' and inserting 
        ``2005 or 2006'';
        (2) in section 3(2), by striking ``and 2004,'' and inserting 
    ``2004, 2005, and 2006''; and
        (3) in section 6, by striking ``2004'' and inserting ``2006''.

SEC. 7104. ASSISTANCE FOR AFGHANISTAN.

    (a) Short Title.--This section may be cited as the ``Afghanistan 
Freedom Support Act Amendments of 2004''.
    (b) Coordination of Assistance.--
        (1) Findings.--Consistent with the report of the National 
    Commission on Terrorist Attacks Upon the United States, Congress 
    makes the following findings:
            (A) The United States and its allies in the international 
        community have made progress in promoting economic and 
        political reform within Afghanistan, including the 
        establishment of a central government with a democratic 
        constitution, a new currency, and a new army, the increase of 
        personal freedom, and the elevation of the standard of living 
        of many Afghans.
            (B) A number of significant obstacles must be overcome if 
        Afghanistan is to become a secure and prosperous democracy, and 
        such a transition depends in particular upon--
                (i) improving security throughout the country;
                (ii) disarming and demobilizing militias;
                (iii) curtailing the rule of the warlords;
                (iv) promoting equitable economic development;
                (v) protecting the human rights of the people of 
            Afghanistan;
                (vi) continuing to hold elections for public officials; 
            and
                (vii) ending the cultivation, production, and 
            trafficking of narcotics.
            (C) The United States and the international community must 
        make a long-term commitment to addressing the unstable security 
        situation in Afghanistan and the burgeoning narcotics trade, 
        endemic poverty, and other serious problems in Afghanistan in 
        order to prevent that country from relapsing into a sanctuary 
        for international terrorism.
        (2) Sense of congress.--It is the sense of Congress that the 
    United States Government should take, with respect to Afghanistan, 
    the following actions:
            (A) Work with other nations to obtain long-term security, 
        political, and financial commitments and fulfillment of pledges 
        to the Government of Afghanistan to accomplish the objectives 
        of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 
        et seq.), especially to ensure a secure, democratic, and 
        prosperous Afghanistan that respects the rights of its citizens 
        and is free of international terrorist organizations.
            (B) Use the voice and vote of the United States in relevant 
        international organizations, including the North Atlantic 
        Treaty Organization and the United Nations Security Council, to 
        strengthen international commitments to assist the Government 
        of Afghanistan in enhancing security, building national police 
        and military forces, increasing counter-narcotics efforts, and 
        expanding infrastructure and public services throughout the 
        country.
            (C) Take appropriate steps to increase the assistance 
        provided under programs of the Department of State and the 
        United States Agency for International Development throughout 
        Afghanistan and to increase the number of personnel of those 
        agencies in Afghanistan as necessary to support the increased 
        assistance.
    (c) Coordinator for Assistance.--
        (1) Findings.--Congress makes the following findings:
            (A) The Final Report of the National Commission on 
        Terrorist Attacks Upon the United States criticized the 
        provision of United States assistance to Afghanistan for being 
        too inflexible.
            (B) The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 
        7501 et seq.) contains provisions that provide for flexibility 
        in the provision of assistance for Afghanistan and are not 
        subject to the requirements of typical foreign assistance 
        programs and provide for the designation of a coordinator to 
        oversee United States assistance for Afghanistan.
        (2) Designation of coordinator.--Section 104(a) of the 
    Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a)) is 
    amended in the matter preceding paragraph (1) by striking ``is 
    strongly urged to'' and inserting ``shall''.
    (d) Assistance Plan; International Coordination.--Section 104 of 
the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514) is amended 
by adding at the end the following:
    ``(c) Assistance Plan.--
        ``(1) Submission to congress.--The coordinator designated under 
    subsection (a) shall annually submit the Afghanistan assistance 
    plan of the Administration to--
            ``(A) the Committee on Foreign Relations of the Senate;
            ``(B) the Committee on International Relations of the House 
        of Representatives;
            ``(C) the Committee on Appropriations of the Senate; and
            ``(D) the Committee on Appropriations of the House of 
        Representatives.
        ``(2) Contents.--The assistance plan submitted under paragraph 
    (1) shall describe--
            ``(A) how the plan relates to the strategy provided 
        pursuant to section 304; and
            ``(B) how the plan builds upon United States assistance 
        provided to Afghanistan since 2001.
    ``(d) Coordination With International Community.--
        ``(1) In general.--The coordinator designated under subsection 
    (a) shall work with the international community and the Government 
    of Afghanistan to ensure that assistance to Afghanistan is 
    implemented in a coherent, consistent, and efficient manner to 
    prevent duplication and waste.
        ``(2) International financial institutions.--The coordinator 
    designated under subsection (a), under the direction of the 
    Secretary of State, shall work through the Secretary of the 
    Treasury and the United States Executive Directors at the 
    international financial institutions (as defined in section 
    1701(c)(2) of the International Financial Institutions Act (22 
    U.S.C. 262r(c)(2))) to coordinate United States assistance for 
    Afghanistan with international financial institutions.
    (e) General Provisions Relating to the Afghanistan Freedom Support 
Act of 2002.--
        (1) Assistance to promote economic, political and social 
    development.--
            (A) Declaration of policy.--Congress reaffirms the 
        authorities contained in title I of the Afghanistan Freedom 
        Support Act of 2002 (22 U.S.C. 7501 et seq.), relating to 
        economic and democratic development assistance for Afghanistan.
            (B) Provision of assistance.--Section 103(a) of such Act 
        (22 U.S.C. 7513(a)) is amended in the matter preceding 
        paragraph (1) by striking ``section 512 of Public Law 107-115 
        or any other similar'' and inserting ``any other''.
        (2) Declarations of general policy.--Congress makes the 
    following declarations:
            (A) The United States reaffirms the support that it and 
        other countries expressed for the report entitled ``Securing 
        Afghanistan's Future'' in their Berlin Declaration of April 
        2004. The United States should help enable the growth needed to 
        create an economically sustainable Afghanistan capable of the 
        poverty reduction and social development foreseen in the 
        report.
            (B) The United States supports the parliamentary elections 
        to be held in Afghanistan by April 2005 and will help ensure 
        that such elections are not undermined, including by warlords 
        or narcotics traffickers.
            (C) The United States continues to urge North Atlantic 
        Treaty Organization members and other friendly countries to 
        make much greater military contributions toward securing the 
        peace in Afghanistan.
        (3) Form of reports.--Section 304 of the Afghanistan Freedom 
    Support Act of 2002 (22 U.S.C. 7554) is amended--
            (A) by striking ``The Secretary'' and inserting the 
        following:
    ``(a) In General.--The Secretary'';
            (B) by striking ``The first report'' and inserting the 
        following:
    ``(b) Deadline for Submission.--The first report''; and
            (C) by adding at the end the following:
    ``(c) Form of Reports.--Any report or other matter that is required 
to be submitted to Congress (including a committee of Congress) by this 
Act may contain a classified annex.''.
        (4) Long-term strategy.--
            (A) Strategy.--Title III of the Afghanistan Freedom Support 
        Act of 2002 (22 U.S.C. 7551 et seq.) is amended by adding at 
        the end the following:

``SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.

    ``(a) Strategy.--
        ``(1) In general.--Not later than 180 days after the date of 
    enactment of this section, the President shall formulate a 5-year 
    strategy for Afghanistan and submit such strategy to--
            ``(A) the Committee on Foreign Relations of the Senate;
            ``(B) the Committee on International Relations of the House 
        of Representatives;
            ``(C) the Committee on Appropriations of the Senate; and
            ``(D) the Committee on Appropriations of the House of 
        Representatives.
        ``(2) Contents.--The strategy formulated under paragraph (1) 
    shall include specific and measurable goals for addressing the 
    long-term development and security needs of Afghanistan, including 
    sectors such as agriculture and irrigation, parliamentary and 
    democratic development, the judicial system and rule of law, human 
    rights, education, health, telecommunications, electricity, women's 
    rights, counternarcotics, police, border security, anti-corruption, 
    and other law-enforcement activities, as well as the anticipated 
    costs and time frames associated with achieving those goals.
    ``(b) Monitoring.--
        ``(1) Annual report.--The President shall transmit on an annual 
    basis through 2010 a report describing the progress made toward the 
    implementation of the strategy required by subsection (a) and any 
    changes to the strategy since the date of the submission of the 
    last report to--
            ``(A) the Committee on Foreign Relations of the Senate;
            ``(B) the Committee on International Relations of the House 
        of Representatives;
            ``(C) the Committee on Appropriations of the Senate; and
            ``(D) the Committee on Appropriations of the House of 
        Representatives.''.
            (B) Clerical amendment.--The table of contents for such Act 
        (22 U.S.C. 7501 note) is amended by adding after the item 
        relating to section 303 the following new item:

``Sec. 305. Formulation of long-term strategy for Afghanistan.''.

    (f) Education, the Rule of Law, and Related Issues.--
        (1) Declaration of policy.--Congress declares that, although 
    Afghanistan has adopted a new constitution and made progress on 
    primary education, the United States must invest in a concerted 
    effort in Afghanistan to improve the rule of law, good governance, 
    and effective policing, to accelerate work on secondary and 
    university education systems, and to establish new initiatives to 
    increase the capacity of civil society.
        (2) Amendment.--Section 103(a)(5) of the Afghanistan Freedom 
    Support Act of 2002 (22 U.S.C. 7513(a)(5)) is amended to read as 
    follows:
        ``(5) Education, the rule of law, and related issues.--
            ``(A) Education.--To assist in the development of the 
        capacity of the Government of Afghanistan to provide education 
        to the people of Afghanistan, including assistance such as--
                ``(i) support for an educated citizenry through 
            improved access to basic education, with particular 
            emphasis on basic education for children, especially 
            orphans;
                ``(ii) programs to enable the Government of Afghanistan 
            to recruit and train teachers, with special focus on the 
            recruitment and training of female teachers;
                ``(iii) programs to enable the Government of 
            Afghanistan to develop school curricula that incorporate 
            relevant information such as landmine awareness, food 
            security and agricultural education, civic education, and 
            human rights education, including education relating to 
            religious freedom;
                ``(iv) programs to construct, renovate, or rebuild, and 
            to equip and provide teacher training, for primary schools, 
            secondary schools, and universities; and
                ``(v) programs to increase educational exchanges and 
            partnerships between the United States and Afghanistan.
            ``(B) Rule of law.--To assist in the development of the 
        rule of law and good governance and reduced corruption in 
        Afghanistan, including assistance such as--
                ``(i) support for the activities of the Government of 
            Afghanistan to implement its constitution, to develop 
            modern legal codes and court rules, to provide for the 
            creation of legal assistance programs, and other 
            initiatives to promote the rule of law in Afghanistan;
                ``(ii) support for improvements in the capacity and 
            physical infrastructure of the justice system in 
            Afghanistan, such as for professional training (including 
            for women) to improve the administration of justice, for 
            programs to enhance prosecutorial and judicial capabilities 
            and to protect participants in judicial cases, for 
            improvements in the instruction of law enforcement 
            personnel (including human rights training), and for the 
            promotion of civilian police roles that support democracy;
                ``(iii) support for rehabilitation and rebuilding of 
            courthouses and detention facilities;
                ``(iv) support for the effective administration of 
            justice at the national, regional, and local levels, 
            including programs to improve penal institutions and the 
            rehabilitation of prisoners, and to establish a responsible 
            and community-based police force;
                ``(v) support to increase the transparency, 
            accountability, and participatory nature of governmental 
            institutions, including programs designed to combat 
            corruption and other programs for the promotion of good 
            governance, such as the development of regulations relating 
            to financial disclosure for public officials, political 
            parties, and candidates for public office, and transparent 
            budgeting processes and financial management systems;
                ``(vi) support for establishment of a central bank and 
            central budgeting authority;
                ``(vii) support for international organizations that 
            provide civil advisers to the Government of Afghanistan; 
            and
                ``(viii) support for Afghan and international efforts 
            to investigate human rights atrocities committed in 
            Afghanistan by the Taliban regime, opponents of such 
            regime, and terrorist groups operating in Afghanistan, 
            including the collection of forensic evidence relating to 
            such atrocities.
            ``(C) Civil society and democracy.--To support the 
        development of democratic institutions in Afghanistan, 
        including assistance for--
                ``(i) international monitoring and observing of, and 
            the promotion of, free and fair elections;
                ``(ii) strengthening democratic political parties;
                ``(iii) international exchanges and professional 
            training for members or officials of government, political, 
            and civic or other nongovernmental entities;
                ``(iv) national, regional, and local elections and 
            political party development;
                ``(v) an independent media;
                ``(vi) programs that support the expanded participation 
            of women and members of all ethnic groups in government at 
            national, regional, and local levels; and
                ``(vii) programs to strengthen civil society 
            organizations that promote human rights, including 
            religious freedom, freedom of expression, and freedom of 
            association, and support human rights monitoring.
            ``(D) Protection of sites.--To provide for the protection 
        of Afghanistan's culture, history, and national identity, 
        including the rehabilitation of Afghanistan's museums and sites 
        of cultural significance.''.
        (3) Conforming amendment.--Section 103(a)(4) of the Afghanistan 
    Freedom Support Act of 2002 (22 U.S.C. 7513(a)(4)) is amended--
            (A) in subparagraph (K), by striking ``and'' at the end;
            (B) in subparagraph (L), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(M) assistance in identifying and surveying key road and 
        rail routes that are essential for economic renewal in 
        Afghanistan and the region and support for the establishment of 
        a customs service and training for customs officers.''.
    (g) Monitoring of Assistance for Afghanistan.--Section 103 of the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513), is amended by 
adding at the end the following:
    ``(d) Monitoring of Assistance for Afghanistan.--
        ``(1) Report.--
            ``(A) In general.--The Secretary of State, in consultation 
        with the Administrator for the United States Agency for 
        International Development, shall submit to the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives a 
        report on the obligations of United States assistance for 
        Afghanistan from all United States Government departments and 
        agencies.
            ``(B) Contents.--Each such report shall set forth, for the 
        preceding annual period and cumulatively, a description of--
                ``(i) the activities and the purposes for which funds 
            were obligated;
                ``(ii) the source of the funds stated specifically by 
            fiscal year, agency, and program;
                ``(iii) the participation of each United States 
            Government department or agency; and
                ``(iv) such other information as the Secretary 
            considers appropriate to fully inform Congress on such 
            matters.
            ``(C) Additional requirements.--The first report submitted 
        under this paragraph shall include a cumulative account of 
        information described in subparagraph (B) from all prior 
        periods beginning with fiscal year 2001. The first report under 
        this paragraph shall be submitted not later than March 15, 
        2005. Subsequent reports shall be submitted every 12 months 
        thereafter and may be included in the report required under 
        section 206(c)(2).
        ``(2) Submission of information for report.--The head of each 
    United States Government agency referred to in paragraph (1) shall 
    provide on a timely basis to the Secretary of State such 
    information as the Secretary may reasonably require to allow the 
    Secretary to prepare and submit the report required under paragraph 
    (1).''.
    (h) United States Policy To Support Disarmament of Private Militias 
and Expansion of International Peacekeeping and Security Operations in 
Afghanistan.--
        (1) United states policy relating to disarmament of private 
    militias.--
            (A) In general.--It shall be the policy of the United 
        States to take immediate steps to provide active support for 
        the disarmament, demobilization, and reintegration of armed 
        soldiers, particularly child soldiers, in Afghanistan, in close 
        consultation with the President of Afghanistan.
            (B) Report.--The report required under section 206(c)(2) of 
        the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 
        7536(c)(2)) shall include a description of the progress to 
        implement paragraph (1).
        (2) International peacekeeping and security operations.--
    Section 206 of such Act (22 U.S.C. 7536) is amended by adding at 
    the end the following:
    ``(e) United States Policy Relating To International Peacekeeping 
and Security Operations.--It shall be the policy of the United States 
to make every effort to support the expansion of international 
peacekeeping and security operations in Afghanistan in order to--
        ``(1) increase the area in which security is provided and 
    undertake vital tasks related to promoting security, such as 
    disarming warlords, militias, and irregulars, and disrupting opium 
    production; and
        ``(2) safeguard highways in order to allow the free flow of 
    commerce and to allow material assistance to the people of 
    Afghanistan, and aid personnel in Afghanistan, to move more 
    freely.''.
    (i) Efforts To Expand International Peacekeeping and Security 
Operations in Afghanistan.--Section 206(d)(1) of the Afghanistan 
Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1)) is amended to read 
as follows:
        ``(1) Efforts to expand international peacekeeping and security 
    operations in afghanistan.--
            ``(A) Efforts.--The President shall encourage, and, as 
        authorized by law, enable other countries to actively 
        participate in expanded international peacekeeping and security 
        operations in Afghanistan, especially through the provision of 
        military personnel for extended periods of time.
            ``(B) Reports.--The President shall prepare and transmit a 
        report on the efforts carried out pursuant to subparagraph (A) 
        to the Committee on Foreign Relations of the Senate and the 
        Committee on International Relations of the House of 
        Representatives. The first report under this subparagraph shall 
        be transmitted not later than 60 days after the date of the 
        enactment of the Afghanistan Freedom Support Act Amendments of 
        2004 and subsequent reports shall be transmitted every 6 months 
        thereafter and may be included in the report required by 
        subsection (c)(2).''.
    (j) Provisions Relating to Counternarcotics Efforts in 
Afghanistan.--
        (1) Authorization of assistance.--Section 103(a)(3)(A) of the 
    Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(3)(A)) 
    is amended--
            (A) in clause (i), by striking ``establish crop 
        substitution programs,'' and inserting ``promote alternatives 
        to poppy cultivation, including the introduction of high value 
        crops that are suitable for export and the provision of 
        appropriate technical assistance and credit mechanisms for 
        farmers,'';
            (B) in clause (ii), by inserting before the semicolon at 
        the end the following: ``, and to create special 
        counternarcotics courts, prosecutors, and places of 
        incarceration'';
            (C) in clause (iii), by inserting before the semicolon at 
        the end the following: ``, in particular, notwithstanding 
        section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2420), by providing non-lethal equipment, training (including 
        training in internationally recognized standards of human 
        rights, the rule of law, anti-corruption, and the promotion of 
        civilian police roles that support democracy), and payments, 
        during fiscal years 2005 through 2008, for salaries for special 
        counternarcotics police and supporting units'';
            (D) in clause (iv), by striking ``and'' at the end;
            (E) in clause (v), by striking the period at the end and 
        inserting ``; and''; and
            (F) by adding after clause (v) the following:
                ``(vi) assist the Afghan National Army with respect to 
            any of the activities under this paragraph.''.
        (2) Sense of congress and report.--Title II of the Afghanistan 
    Freedom Support Act of 2002 (22 U.S.C. 7531 et seq.) is amended--
            (A) by redesignating sections 207 and 208 as sections 208 
        and 209, respectively; and
            (B) by inserting after section 206 the following:

``SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS 
              IN AFGHANISTAN.

    ``(a) Sense of Congress.--It is the sense of Congress that--
        ``(1) the President should make the substantial reduction of 
    illegal drug production and trafficking in Afghanistan a priority 
    in the Global War on Terrorism;
        ``(2) the Secretary of Defense, in coordination with the 
    Secretary of State and the heads of other appropriate Federal 
    agencies, should expand cooperation with the Government of 
    Afghanistan and international organizations involved in counter-
    drug activities to assist in providing a secure environment for 
    counter-drug personnel in Afghanistan; and
        ``(3) the United States, in conjunction with the Government of 
    Afghanistan and coalition partners, should undertake additional 
    efforts to reduce illegal drug trafficking and related activities 
    that provide financial support for terrorist organizations in 
    Afghanistan and neighboring countries.
    ``(b) Report Required.--(1) The Secretary of Defense and the 
Secretary of State shall jointly prepare a report that describes--
        ``(A) the progress made toward substantially reducing poppy 
    cultivation and heroin production capabilities in Afghanistan; and
        ``(B) the extent to which profits from illegal drug activity in 
    Afghanistan are used to financially support terrorist organizations 
    and groups seeking to undermine the Government of Afghanistan.
    ``(2) The report required by this subsection shall be submitted to 
Congress not later than 120 days after the date of the enactment of the 
9/11 Recommendations Implementation Act.''.
        (3) Clerical amendment.--The table of contents for such Act (22 
    U.S.C. 7501 note) is amended by striking the items relating to 
    sections 207 and 208 and inserting the following:

``Sec. 207. Sense of Congress and report regarding counter-drug efforts 
          in Afghanistan.
``Sec. 208. Relationship to other authority.
``Sec. 209. Authorization of appropriations.''.

    (k) Additional Amendments to Afghanistan Freedom Support Act of 
2002.--
        (1) Extension of reports on implementation of strategy.--
    Section 206(c)(2) of the Afghanistan Freedom Support Act of 2002 
    (22 U.S.C. 7536(c)(2)) is amended in the matter preceding 
    subparagraph (A) by striking ``2007'' and inserting ``2010''.
        (2) Technical amendment.--Section 103(a)(7)(A)(xii) of such Act 
    (22 U.S.C. 7513(a)(7)(A)(xii)) is amended by striking ``National'' 
    and inserting ``Afghan Independent''.
    (l) Repeal of Prohibition on Assistance.--Section 620D of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating to prohibition 
on assistance to Afghanistan) is repealed.
    (m) Authorization of Appropriations.--Section 108(a) of the 
Afghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a)) is 
amended by striking ``$1,825,000,000 for fiscal year 2004'' and all 
that follows and inserting ``such sums as may be necessary for each of 
the fiscal years 2005 and 2006.''.
SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) Despite a long history of friendly relations with the 
    United States, there have been problems in cooperation between the 
    United States and Saudi Arabia.
        (2) The Government of Saudi Arabia has not always responded 
    promptly or fully to United States requests for assistance in the 
    global war on Islamist terrorism.
        (3) The Government of Saudi Arabia has not done all it can to 
    prevent financial or other support from being provided to, or 
    reaching, extremist organizations in Saudi Arabia or other 
    countries.
        (4) Counterterrorism cooperation between the Governments of the 
    United States and Saudi Arabia has improved significantly since the 
    terrorist bombing attacks in Riyadh, Saudi Arabia, on May 12, 2003, 
    and the Government of Saudi Arabia is now pursuing al Qaeda and 
    other terror groups operating inside Saudi Arabia.
        (5) The United States must enhance its cooperation and strong 
    relationship with Saudi Arabia based upon a shared and public 
    commitment to political and economic reform, greater tolerance and 
    respect for religious and cultural diversity and joint efforts to 
    prevent funding for and support of extremist organizations in Saudi 
    Arabia and elsewhere.
    (b) Sense of Congress.--It is the sense of Congress that there 
should be a more robust dialogue between the people and Government of 
the United States and the people and Government of Saudi Arabia in 
order to improve the relationship between the United States and Saudi 
Arabia.
SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) While support for the United States has plummeted in the 
    Islamic world, many negative views are uninformed, at best, and, at 
    worst, are informed by coarse stereotypes and caricatures.
        (2) Local newspapers in countries with predominantly Muslim 
    populations and influential broadcasters who reach Muslim audiences 
    through satellite television often reinforce the idea that the 
    people and Government of the United States are anti-Muslim.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the Government of the United States should offer an example 
    of moral leadership in the world that includes a commitment to 
    treat all people humanely, abide by the rule of law, and be 
    generous to the people and governments of other countries;
        (2) the United States should cooperate with governments of 
    countries with predominantly Muslim populations to foster agreement 
    on respect for human dignity and opportunity, and to offer a vision 
    of a better future that includes stressing life over death, 
    individual educational and economic opportunity, widespread 
    political participation, contempt for violence, respect for the 
    rule of law, openness in discussing differences, and tolerance for 
    opposing points of view;
        (3) the United States should encourage reform, freedom, 
    democracy, and opportunity for Muslims; and
        (4) the United States should work to defeat extremism in all 
    its form, especially in nations with predominantly Muslim 
    populations by providing assistance to governments, non-
    governmental organizations, and individuals who promote 
    modernization.
SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
    (a) Finding.--Consistent with the report of the National Commission 
on Terrorist Attacks Upon the United States, Congress finds that short-
term gains enjoyed by the United States through cooperation with 
repressive dictatorships have often been outweighed by long-term 
setbacks for the stature and interests of the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) United States foreign policy should promote the importance 
    of individual educational and economic opportunity, encourage 
    widespread political participation, condemn violence, and promote 
    respect for the rule of law, openness in discussing differences 
    among people, and tolerance for opposing points of view; and
        (2) the United States Government must encourage the governments 
    of all countries with predominantly Muslim populations, including 
    those that are friends and allies of the United States, to promote 
    the value of life and the importance of individual education and 
    economic opportunity, encourage widespread political participation, 
    condemn violence and promote the rule of law, openness in 
    discussing differences among people, and tolerance for opposing 
    points of view.
SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
    (a) Promotion of United States Values Through Broadcast Media.--
        (1) Findings.--Consistent with the report of the National 
    Commission on Terrorist Attacks Upon the United States, Congress 
    makes the following findings:
            (A) Although the United States has demonstrated and 
        promoted its values in defending Muslims against tyrants and 
        criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, 
        this message is neither convincingly presented nor widely 
        understood.
            (B) If the United States does not act to vigorously define 
        its message in countries with predominantly Muslim populations, 
        the image of the United States will be defined by Islamic 
        extremists who seek to demonize the United States.
            (C) Recognizing that many Muslim audiences rely on 
        satellite television and radio, the United States Government 
        has launched promising initiatives in television and radio 
        broadcasting to the Islamic world, including Iran and 
        Afghanistan.
        (2) Sense of congress.--It is the sense of Congress that--
            (A) the United States must do more to defend and promote 
        its values and ideals to the broadest possible audience in 
        countries with predominantly Muslim populations;
            (B) United States efforts to defend and promote these 
        values and ideals are beginning to ensure that accurate 
        expressions of these values reach large Muslim audiences and 
        should be robustly supported;
            (C) the United States Government could and should do more 
        to engage Muslim audiences in the struggle of ideas; and
            (D) the United States Government should more intensively 
        employ existing broadcast media in the Islamic world as part of 
        this engagement.
    (b) Enhancing Free and Independent Media.--
        (1) Findings.--Congress makes the following findings:
            (A) Freedom of speech and freedom of the press are 
        fundamental human rights.
            (B) The United States has a national interest in promoting 
        these freedoms by supporting free media abroad, which is 
        essential to the development of free and democratic societies 
        consistent with our own.
            (C) Free media is undermined, endangered, or nonexistent in 
        many repressive and transitional societies around the world, 
        including in Eurasia, Africa, and the Middle East.
            (D) Individuals lacking access to a plurality of free media 
        are vulnerable to misinformation and propaganda and are 
        potentially more likely to adopt anti-United States views.
            (E) Foreign governments have a responsibility to actively 
        and publicly discourage and rebut unprofessional and unethical 
        media while respecting journalistic integrity and editorial 
        independence.
        (2) Statement of policy.--It shall be the policy of the United 
    States, acting through the Secretary of State, to--
            (A) ensure that the promotion of freedom of the press and 
        freedom of media worldwide is a priority of United States 
        foreign policy and an integral component of United States 
        public diplomacy;
            (B) respect the journalistic integrity and editorial 
        independence of free media worldwide; and
            (C) ensure that widely accepted standards for professional 
        and ethical journalistic and editorial practices are employed 
        when assessing international media.
    (c) Establishment of Media Network.--
        (1) Grants for establishment of network.--The Secretary of 
    State shall, utilizing amounts authorized to be appropriated by 
    subsection (e)(2), make grants to the National Endowment for 
    Democracy (NED) under the National Endowment for Democracy Act (22 
    U.S.C. 4411 et seq.) for utilization by the Endowment to provide 
    funding to a private sector group to establish and manage a free 
    and independent media network as specified in paragraph (2).
        (2) Media network.--The media network established using funds 
    under paragraph (1) shall provide an effective forum to convene a 
    broad range of individuals, organizations, and governmental 
    participants involved in journalistic activities and the 
    development of free and independent media in order to--
            (A) fund a clearinghouse to collect and share information 
        concerning international media development and training;
            (B) improve research in the field of media assistance and 
        program evaluation to better inform decisions regarding funding 
        and program design for government and private donors;
            (C) explore the most appropriate use of existing means to 
        more effectively encourage the involvement of the private 
        sector in the field of media assistance; and
            (D) identify effective methods for the development of a 
        free and independent media in societies in transition.
    (d) Authorizations of Appropriations.--
        (1) In general.--There are authorized to be appropriated for 
    each of fiscal years 2005 and 2006, unless otherwise authorized by 
    Congress, such sums as may be necessary to carry out United States 
    Government broadcasting activities consistent with this section 
    under the United States Information and Educational Exchange Act of 
    1948 (22 U.S.C. 1431 et seq.), the United States International 
    Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), and the Foreign 
    Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6501 et 
    seq.), and to carry out other activities under this section 
    consistent with the purposes of such Acts, unless otherwise 
    authorized by Congress.
        (2) Grants for media network.--In addition to the amounts 
    authorized to be appropriated under paragraph (1), there are 
    authorized to be appropriated for each of fiscal years 2005 and 
    2006, unless otherwise authorized by Congress, such sums as may be 
    necessary for grants under subsection (c)(1) for the establishment 
    of the media network described in subsection (c)(2).
SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF 
STATE.
    (a) In General.--The State Department Basic Authorities Act of 1956 
(22 U.S.C. 2651a et seq.) is amended by inserting after section 59 the 
following new section:

``SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF 
              STATE.

    ``(a) Integral Component.--The Secretary of State shall make public 
diplomacy an integral component in the planning and execution of United 
States foreign policy.
    ``(b) Coordination and Development of Strategy.--The Secretary 
shall make every effort to--
        ``(1) coordinate, subject to the direction of the President, 
    the public diplomacy activities of Federal agencies; and
        ``(2) coordinate with the Broadcasting Board of Governors to--
            ``(A) develop a comprehensive and coherent strategy for the 
        use of public diplomacy resources; and
            ``(B) develop and articulate long-term measurable 
        objectives for United States public diplomacy.
    ``(c) Objectives.--The strategy developed pursuant to subsection 
(b) shall include public diplomacy efforts targeting developed and 
developing countries and select and general audiences, using 
appropriate media to properly explain the foreign policy of the United 
States to the governments and populations of such countries, with the 
objectives of increasing support for United States policies and 
providing news and information. The Secretary shall, through the most 
effective mechanisms, counter misinformation and propaganda concerning 
the United States. The Secretary shall continue to articulate the 
importance of freedom, democracy, and human rights as fundamental 
principles underlying United States foreign policy goals.
    ``(d) Identification of United States Foreign Assistance.--In 
cooperation with the United States Agency for International Development 
(USAID) and other public and private assistance organizations and 
agencies, the Secretary should ensure that information relating to 
foreign assistance provided by the United States, nongovernmental 
organizations, and private entities of the United States is 
disseminated widely, and particularly, to the extent practicable, 
within countries and regions that receive such assistance. The 
Secretary should ensure that, to the extent practicable, projects 
funded by USAID not involving commodities, including projects 
implemented by private voluntary organizations, are identified as 
provided by the people of the United States.''.
    (b) Functions of the Under Secretary of State for Public 
Diplomacy.--
        (1) Amendment.--Section 1(b)(3) of such Act (22 U.S.C. 
    2651a(b)(3)) is amended by adding at the end the following new 
    sentence: ``The Under Secretary for Public Diplomacy shall--
            ``(A) prepare an annual strategic plan for public diplomacy 
        in collaboration with overseas posts and in consultation with 
        the regional and functional bureaus of the Department;
            ``(B) ensure the design and implementation of appropriate 
        program evaluation methodologies;
            ``(C) provide guidance to Department personnel in the 
        United States and overseas who conduct or implement public 
        diplomacy policies, programs, and activities;
            ``(D) assist the United States Agency for International 
        Development and the Broadcasting Board of Governors to present 
        the policies of the United States clearly and effectively; and
            ``(E) submit statements of United States policy and 
        editorial material to the Broadcasting Board of Governors for 
        broadcast consideration.''.
        (2) Consultation.--The Under Secretary of State for Public 
    Diplomacy, in carrying out the responsibilities described in 
    section 1(b)(3) of such Act (as amended by paragraph (1)), shall 
    consult with public diplomacy officers operating at United States 
    overseas posts and in the regional bureaus of the Department of 
    State.

SEC. 7110. PUBLIC DIPLOMACY TRAINING.

    (a) Statement of Policy.--The following should be the policy of the 
United States:
        (1) The Foreign Service should recruit individuals with 
    expertise and professional experience in public diplomacy.
        (2) United States chiefs of mission should have a prominent 
    role in the formulation of public diplomacy strategies for the 
    countries and regions to which they are assigned and should be 
    accountable for the operation and success of public diplomacy 
    efforts at their posts.
        (3) Initial and subsequent training of Foreign Service officers 
    should be enhanced to include information and training on public 
    diplomacy and the tools and technology of mass communication.
    (b) Personnel.--
        (1) Qualifications.--In the recruitment, training, and 
    assignment of members of the Foreign Service, the Secretary of 
    State--
            (A) should emphasize the importance of public diplomacy and 
        applicable skills and techniques;
            (B) should consider the priority recruitment into the 
        Foreign Service, including at middle-level entry, of 
        individuals with expertise and professional experience in 
        public diplomacy, mass communications, or journalism; and
            (C) shall give special consideration to individuals with 
        language facility and experience in particular countries and 
        regions.
        (2) Languages of special interest.--The Secretary of State 
    shall seek to increase the number of Foreign Service officers 
    proficient in languages spoken in countries with predominantly 
    Muslim populations. Such increase should be accomplished through 
    the recruitment of new officers and incentives for officers in 
    service.
    (c) Public Diplomacy Suggested for Promotion in Foreign Service.--
Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 4003(b)) 
is amended by adding at the end the following: ``The precepts for 
selection boards shall include, whether the member of the Service or 
the member of the Senior Foreign Service, as the case may be, has 
demonstrated--
        (1) a willingness and ability to explain United States policies 
    in person and through the media when occupying positions for which 
    such willingness and ability is, to any degree, an element of the 
    member's duties, or
        (2) other experience in public diplomacy.
SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL 
ORGANIZATIONS.
    (a) Support and Expansion of Democracy Caucus.--
        (1) In general.--The President, acting through the Secretary of 
    State and the relevant United States chiefs of mission, should--
            (A) continue to strongly support and seek to expand the 
        work of the democracy caucus at the United Nations General 
        Assembly and the United Nations Human Rights Commission; and
            (B) seek to establish a democracy caucus at the United 
        Nations Conference on Disarmament and at other broad-based 
        international organizations.
        (2) Purposes of the caucus.--A democracy caucus at an 
    international organization should--
            (A) forge common positions, including, as appropriate, at 
        the ministerial level, on matters of concern before the 
        organization and work within and across regional lines to 
        promote agreed positions;
            (B) work to revise an increasingly outmoded system of 
        membership selection, regional voting, and decisionmaking; and
            (C) establish a rotational leadership agreement to provide 
        member countries an opportunity, for a set period of time, to 
        serve as the designated president of the caucus, responsible 
        for serving as its voice in each organization.
    (b) Leadership and Membership of International Organizations.--The 
President, acting through the Secretary of State, the relevant United 
States chiefs of mission, and, where appropriate, the Secretary of the 
Treasury, should use the voice, vote, and influence of the United 
States to--
        (1) where appropriate, reform the criteria for leadership and, 
    in appropriate cases, for membership, at all United Nations bodies 
    and at other international organizations and multilateral 
    institutions to which the United States is a member so as to 
    exclude countries that violate the principles of the specific 
    organization;
        (2) make it a policy of the United Nations and other 
    international organizations and multilateral institutions of which 
    the United States is a member that a member country may not stand 
    in nomination for membership or in nomination or in rotation for a 
    significant leadership position in such bodies if the member 
    country is subject to sanctions imposed by the United Nations 
    Security Council; and
        (3) work to ensure that no member country stand in nomination 
    for membership, or in nomination or in rotation for a significant 
    leadership position in such organizations, or for membership on the 
    United Nations Security Council, if the government of the member 
    country has been determined by the Secretary of State to have 
    repeatedly provided support for acts of international terrorism.
    (c) Increased Training in Multilateral Diplomacy.--
        (1) Statement of policy.--It shall be the policy of the United 
    States that training courses should be established for Foreign 
    Service Officers and civil service employees of the State 
    Department, including appropriate chiefs of mission, on the conduct 
    of multilateral diplomacy, including the conduct of negotiations at 
    international organizations and multilateral institutions, 
    negotiating skills that are required at multilateral settings, 
    coalition-building techniques, and lessons learned from previous 
    United States multilateral negotiations.
        (2) Personnel.--
            (A) In general.--The Secretary shall ensure that the 
        training described in paragraph (1) is provided at various 
        stages of the career of members of the Service.
            (B) Actions of the Secretary.--The Secretary shall ensure 
        that--
                (i) officers of the Service receive training on the 
            conduct of diplomacy at international organizations and 
            other multilateral institutions and at broad-based 
            multilateral negotiations of international instruments as 
            part of their training upon entry into the Service; and
                (ii) officers of the Service, including chiefs of
            mission, who are assigned to United States missions 
            representing the United States to international 
            organizations and other multilateral institutions or who 
            are assigned in Washington, D.C., to positions that have as 
            their primary responsibility formulation of policy toward 
            such organizations and institutions or toward participation 
            in broad-based multilateral negotiations of international 
            instruments, receive specialized training in the areas 
            described in paragraph (1) prior to beginning of service 
            for such assignment or, if receiving such training at that 
            time is not practical, within the first year of beginning 
            such assignment.
        (3) Training for civil service employees.--The Secretary shall 
    ensure that employees of the Department of State who are members of 
    the civil service and who are assigned to positions described in 
    paragraph (2) receive training described in paragraph (1) prior to 
    the beginning of service for such assignment or, if receiving such 
    training at such time is not practical, within the first year of 
    beginning such assignment.
SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS 
IN THE ISLAMIC WORLD.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) Exchange, scholarship, and library programs are effective 
    ways for the United States Government to promote internationally 
    the values and ideals of the United States.
        (2) Exchange, scholarship, and library programs can expose 
    young people from other countries to United States values and offer 
    them knowledge and hope.
    (b) Declaration of Policy.--Consistent with the report of the 
National Commission on Terrorist Attacks Upon the United States, 
Congress declares that--
        (1) the United States should commit to a long-term and 
    sustainable investment in promoting engagement with people of all 
    levels of society in countries with predominantly Muslim 
    populations, particularly with youth and those who influence youth;
        (2) such an investment should make use of the talents and 
    resources in the private sector and should include programs to 
    increase the number of people who can be exposed to the United 
    States and its fundamental ideas and values in order to dispel 
    misconceptions; and
        (3) such programs should include youth exchange programs, young 
    ambassadors programs, international visitor programs, academic and 
    cultural exchange programs, American Corner programs, library 
    programs, journalist exchange programs, sister city programs, and 
    other programs related to people-to-people diplomacy.
    (c) Sense of Congress.--It is the sense of Congress that the United 
States should significantly increase its investment in the people-to-
people programs described in subsection (b).
    (d) Authority To Expand Educational and Cultural Exchanges.--The 
President is authorized to substantially expand the exchange, 
scholarship, and library programs of the United States, especially such 
programs that benefit people in the Muslim world.
    (e) Availability of Funds.--Of the amounts authorized to be 
appropriated in each of the fiscal years 2005 and 2006 for educational 
and cultural exchange programs, there shall be available to the 
Secretary of State such sums as may be necessary to carry out programs 
under this section, unless otherwise authorized by Congress.
SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED 
SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
    (a) Findings.--Congress makes the following findings:
        (1) During the 2003-2004 school year, the Office of Overseas 
    Schools of the Department of State is financially assisting 189 
    elementary and secondary schools in foreign countries.
        (2) United States-sponsored elementary and secondary schools 
    are located in more than 20 countries with predominantly Muslim 
    populations in the Near East, Africa, South Asia, Central Asia, and 
    East Asia.
        (3) United States-sponsored elementary and secondary schools 
    provide an American-style education in English, with curricula that 
    typically include an emphasis on the development of critical 
    thinking and analytical skills.
    (b) Statement of Policy.--The United States has an interest in 
increasing the level of financial support provided to United States-
sponsored elementary and secondary schools in countries with 
predominantly Muslim populations in order to--
        (1) increase the number of students in such countries who 
    attend such schools;
        (2) increase the number of young people who may thereby gain at 
    any early age an appreciation for the culture, society, and history 
    of the United States; and
        (3) increase the number of young people who may thereby improve 
    their proficiency in the English language.
    (c) Pilot Program.--The Secretary of State, acting through the 
Director of the Office of Overseas Schools of the Department of State, 
may conduct a pilot program to make grants to United States-sponsored 
elementary and secondary schools in countries with predominantly Muslim 
populations for the purpose of providing full or partial merit-based 
scholarships to students from lower-income and middle-income families 
of such countries to attend such schools.
    (d) Determination of Eligible Students.--For purposes of the pilot 
program, a United States-sponsored elementary and secondary school that 
receives a grant under the pilot program may establish criteria to be 
implemented by such school to determine what constitutes lower-income 
and middle-income families in the country (or region of the country, if 
regional variations in income levels in the country are significant) in 
which such school is located.
    (e) Restriction on Use of Funds.--Amounts appropriated to the 
Secretary of State pursuant to the authorization of appropriations in 
subsection (h) shall be used for the sole purpose of making grants 
under this section, and may not be used for the administration of the 
Office of Overseas Schools of the Department of State or for any other 
activity of the Office.
    (f) Voluntary Participation.--Nothing in this section shall be 
construed to require participation in the pilot program by a United 
States-sponsored elementary or secondary school in a predominantly 
Muslim country.
    (g) Report.--Not later than April 15, 2006, the Secretary of State 
shall submit to the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Relations of the Senate 
a report on the pilot program. The report shall assess the success of 
the program, examine any obstacles encountered in its implementation, 
and address whether it should be continued, and if so, provide 
recommendations to increase its effectiveness.
    (h) Funding.--There are authorized to be appropriated to the 
Secretary of State for each of the fiscal years 2005 and 2006, unless 
otherwise authorized by Congress, such sums as necessary to implement 
the pilot program under this section.
SEC. 7114. INTERNATIONAL YOUTH OPPORTUNITY FUND.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) Education that teaches tolerance, the dignity and value of 
    each individual, and respect for different beliefs is a key element 
    in any global strategy to eliminate terrorism.
        (2) Education in the Middle East about the world outside that 
    region is weak.
        (3) The United Nations has rightly equated literacy with 
    freedom.
        (4) The international community is moving toward setting a 
    concrete goal of reducing by half the illiteracy rate in the Middle 
    East by 2010, through the implementation of education programs 
    targeting women and girls and programs for adult literacy, and by 
    other means.
        (5) To be effective, efforts to improve education in the Middle 
    East must also include--
            (A) support for the provision of basic education tools, 
        such as textbooks that translate more of the world's knowledge 
        into local languages and local libraries to house such 
        materials; and
            (B) more vocational education in trades and business 
        skills.
        (6) The Middle East can benefit from some of the same programs 
    to bridge the digital divide that already have been developed for 
    other regions of the world.
    (b) International Youth Opportunity Fund.--
        (1) Establishment.--The Secretary of State is authorized to 
    establish through an existing international organization, such as 
    the United Nations Educational, Science and Cultural Organization 
    (UNESCO) or other similar body, an International Youth Opportunity 
    Fund to provide financial assistance for the improvement of public 
    education in the Middle East and other countries of strategic 
    interest with predominantly Muslim populations.
        (2) International participation.--The Secretary should seek the 
    cooperation of the international community in establishing and 
    generously supporting the Fund.
SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) While terrorism is not caused by poverty, breeding grounds 
    for terrorism are created by backward economic policies and 
    repressive political regimes.
        (2) Policies that support economic development and reform also 
    have political implications, as economic and political liberties 
    are often linked.
        (3) The United States is working toward creating a Middle East 
    Free Trade Area by 2013 and implementing a free trade agreement 
    with Bahrain, and free trade agreements exist between the United 
    States and Israel and the United States and Jordan.
        (4) Existing and proposed free trade agreements between the 
    United States and countries with predominantly Muslim populations 
    are drawing interest from other countries in the Middle East 
    region, and countries with predominantly Muslim populations can 
    become full participants in the rules-based global trading system, 
    as the United States considers lowering its barriers to trade.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) a comprehensive United States strategy to counter terrorism 
    should include economic policies that encourage development, open 
    societies, and opportunities for people to improve the lives of 
    their families and to enhance prospects for their children's 
    future;
        (2) one element of such a strategy should encompass the 
    lowering of trade barriers with the poorest countries that have a 
    significant population of Muslim individuals;
        (3) another element of such a strategy should encompass United 
    States efforts to promote economic reform in countries that have a 
    significant population of Muslim individuals, including efforts to 
    integrate such countries into the global trading system; and
        (4) given the importance of the rule of law in promoting 
    economic development and attracting investment, the United States 
    should devote an increased proportion of its assistance to 
    countries in the Middle East to the promotion of the rule of law.

SEC. 7116. MIDDLE EAST PARTNERSHIP INITIATIVE.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2005 and 2006, (unless otherwise 
authorized by Congress) such sums as may be necessary for the Middle 
East Partnership Initiative.
    (b) Sense of Congress.--It is the sense of Congress that, given the 
importance of the rule of law and economic reform to development in the 
Middle East, a significant portion of the funds authorized to be 
appropriated under subsection (a) should be made available to promote 
the rule of law in the Middle East.
SEC. 7117. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) Almost every aspect of the counterterrorism strategy of the 
    United States relies on international cooperation.
        (2) Since September 11, 2001, the number and scope of United 
    States Government contacts with foreign governments concerning 
    counterterrorism have expanded significantly, but such contacts 
    have often been ad hoc and not integrated as a comprehensive and 
    unified approach to counterterrorism.
    (b) In General.--The Secretary of State is authorized in 
consultation with relevant United States Government agencies, to 
negotiate on a bilateral or multilateral basis, as appropriate, 
international agreements under which parties to an agreement work in 
partnership to address and interdict acts of international terrorism.
    (c) International Contact Group on Counterterrorism.--
        (1) Sense of congress.--It is the sense of Congress that the 
    President--
            (A) should seek to engage the leaders of the governments of 
        other countries in a process of advancing beyond separate and 
        uncoordinated national counterterrorism strategies to develop 
        with those other governments a comprehensive multilateral 
        strategy to fight terrorism; and
            (B) to that end, should seek to establish an international 
        counterterrorism policy contact group with the leaders of 
        governments providing leadership in global counterterrorism 
        efforts and governments of countries with sizable Muslim 
        populations, to be used as a ready and flexible international 
        means for discussing and coordinating the development of 
        important counterterrorism policies by the participating 
        governments.
        (2) Authority.--The President is authorized to establish an 
    international counterterrorism policy contact group with the 
    leaders of governments referred to in paragraph (1) for the 
    following purposes:
            (A) To meet annually, or more frequently as the President 
        determines appropriate, to develop in common with such other 
        governments important policies and a strategy that address the 
        various components of international prosecution of the war on 
        terrorism, including policies and a strategy that address 
        military issues, law enforcement, the collection, analysis, and 
        dissemination of intelligence, issues relating to interdiction 
        of travel by terrorists, counterterrorism-related customs 
        issues, financial issues, and issues relating to terrorist 
        sanctuaries.
            (B) To address, to the extent (if any) that the President 
        and leaders of other participating governments determine 
        appropriate, long-term issues that can contribute to 
        strengthening stability and security in the Middle East.

SEC. 7118. FINANCING OF TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) The death or capture of several important financial 
    facilitators has decreased the amount of money available to al 
    Qaeda, and has made it more difficult for al Qaeda to raise and 
    move money.
        (2) The capture of al Qaeda financial facilitators has provided 
    a windfall of intelligence that can be used to continue the cycle 
    of disruption.
        (3) The United States Government has rightly recognized that 
    information about terrorist money helps in understanding terror 
    networks, searching them out, and disrupting their operations.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) a critical weapon in the effort to stop terrorist financing 
    should be the targeting of terrorist financial facilitators by 
    intelligence and law enforcement agencies; and
        (2) efforts to track terrorist financing must be paramount in 
    United States counterterrorism efforts.
SEC. 7119. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
    (a) Period of Designation.--Section 219(a)(4) of the Immigration 
and Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
        (1) in subparagraph (A)--
            (A) by striking ``Subject to paragraphs (5) and (6), a'' 
        and inserting ``A''; and
            (B) by striking ``for a period of 2 years beginning on the 
        effective date of the designation under paragraph (2)(B)'' and 
        inserting ``until revoked under paragraph (5) or (6) or set 
        aside pursuant to subsection (c)'';
        (2) by striking subparagraph (B) and inserting the following:
            ``(B) Review of designation upon petition.--
                ``(i) In general.--The Secretary shall review the 
            designation of a foreign terrorist organization under the 
            procedures set forth in clauses (iii) and (iv) if the 
            designated organization files a petition for revocation 
            within the petition period described in clause (ii).
                ``(ii) Petition period.--For purposes of clause (i)--

                    ``(I) if the designated organization has not 
                previously filed a petition for revocation under this 
                subparagraph, the petition period begins 2 years after 
                the date on which the designation was made; or
                    ``(II) if the designated organization has 
                previously filed a petition for revocation under this 
                subparagraph, the petition period begins 2 years after 
                the date of the determination made under clause (iv) on 
                that petition.

                ``(iii) Procedures.--Any foreign terrorist organization 
            that submits a petition for revocation under this 
            subparagraph must provide evidence in that petition that 
            the relevant circumstances described in paragraph (1) are 
            sufficiently different from the circumstances that were the 
            basis for the designation such that a revocation with 
            respect to the organization is warranted.
                ``(iv) Determination.--

                    ``(I) In general.--Not later than 180 days after 
                receiving a petition for revocation submitted under 
                this subparagraph, the Secretary shall make a 
                determination as to such revocation.
                    ``(II) Classified information.--The Secretary may 
                consider classified information in making a 
                determination in response to a petition for revocation. 
                Classified information shall not be subject to 
                disclosure for such time as it remains classified, 
                except that such information may be disclosed to a 
                court ex parte and in camera for purposes of judicial 
                review under subsection (c).
                    ``(III) Publication of determination.--A 
                determination made by the Secretary under this clause 
                shall be published in the Federal Register.
                    ``(IV) Procedures.--Any revocation by the Secretary 
                shall be made in accordance with paragraph (6).''; and

        (3) by adding at the end the following:
            ``(C) Other review of designation.--
                ``(i) In general.--If in a 5-year period no review has 
            taken place under subparagraph (B), the Secretary shall 
            review the designation of the foreign terrorist 
            organization in order to determine whether such designation 
            should be revoked pursuant to paragraph (6).
                ``(ii) Procedures.--If a review does not take place 
            pursuant to subparagraph (B) in response to a petition for 
            revocation that is filed in accordance with that 
            subparagraph, then the review shall be conducted pursuant 
            to procedures established by the Secretary. The results of 
            such review and the applicable procedures shall not be 
            reviewable in any court.
                ``(iii) Publication of results of review.--The 
            Secretary shall publish any determination made pursuant to 
            this subparagraph in the Federal Register.''.
    (b) Aliases.--Section 219 of the Immigration and Nationality Act (8 
U.S.C. 1189) is amended--
        (1) by redesignating subsections (b) and (c) as subsections (c) 
    and (d), respectively; and
        (2) by inserting after subsection (a) the following new 
    subsection (b):
    ``(b) Amendments to a Designation.--
        ``(1) In general.--The Secretary may amend a designation under 
    this subsection if the Secretary finds that the organization has 
    changed its name, adopted a new alias, dissolved and then 
    reconstituted itself under a different name or names, or merged 
    with another organization.
        ``(2) Procedure.--Amendments made to a designation in 
    accordance with paragraph (1) shall be effective upon publication 
    in the Federal Register. Subparagraphs (B) and (C) of subsection 
    (a)(2) shall apply to an amended designation upon such publication. 
    Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) 
    shall also apply to an amended designation.
        ``(3) Administrative record.--The administrative record shall 
    be corrected to include the amendments as well as any additional 
    relevant information that supports those amendments.
        ``(4) Classified information.--The Secretary may consider 
    classified information in amending a designation in accordance with 
    this subsection. Classified information shall not be subject to 
    disclosure for such time as it remains classified, except that such 
    information may be disclosed to a court ex parte and in camera for 
    purposes of judicial review under subsection (c).''.
    (c) Technical and Conforming Amendments.--Section 219 of the 
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
        (1) in subsection (a)--
            (A) in paragraph (3)(B), by striking ``subsection (b)'' and 
        inserting ``subsection (c)'';
            (B) in paragraph (6)(A)--
                (i) in the matter preceding clause (i), by striking 
            ``or a redesignation made under paragraph (4)(B)'' and 
            inserting ``at any time, and shall revoke a designation 
            upon completion of a review conducted pursuant to 
            subparagraphs (B) and (C) of paragraph (4)''; and
                (ii) in clause (i), by striking ``or redesignation'';
            (C) in paragraph (7), by striking ``, or the revocation of 
        a redesignation under paragraph (6),''; and
            (D) in paragraph (8)--
                (i) by striking ``, or if a redesignation under this 
            subsection has become effective under paragraph (4)(B),''; 
            and
                (ii) by striking ``or redesignation''; and
        (2) in subsection (c), as so redesignated--
            (A) in paragraph (1), by striking ``of the designation in 
        the Federal Register,'' and all that follows through ``review 
        of the designation'' and inserting ``in the Federal Register of 
        a designation, an amended designation, or a determination in 
        response to a petition for revocation, the designated 
        organization may seek judicial review'';
            (B) in paragraph (2), by inserting ``, amended designation, 
        or determination in response to a petition for revocation'' 
        after ``designation'';
            (C) in paragraph (3), by inserting ``, amended
        designation, or determination in response to a petition for 
        revocation'' after ``designation''; and
            (D) in paragraph (4), by inserting ``, amended designation, 
        or determination in response to a petition for revocation'' 
        after ``designation'' each place that term appears.
    (d) Savings Provision.--For purposes of applying section 219 of the 
Immigration and Nationality Act on or after the date of enactment of 
this Act, the term ``designation'', as used in that section, includes 
all redesignations made pursuant to section 219(a)(4)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the 
date of enactment of this Act, and such redesignations shall continue 
to be effective until revoked as provided in paragraph (5) or (6) of 
section 219(a) of the Immigration and Nationality Act (8 U.S.C. 
1189(a)).

SEC. 7120. REPORT TO CONGRESS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the President shall submit to Congress a report 
on the activities of the Government of the United States to carry out 
the provisions of this subtitle.
    (b) Contents.--The report required under this section shall include 
the following:
        (1) Terrorist sanctuaries.--A description of the strategy of 
    the United States to address and, where possible, eliminate 
    terrorist sanctuaries, including--
            (A) a description of the terrorist sanctuaries that exist;
            (B) an outline of strategies, tactics, and tools for 
        disrupting or eliminating the security provided to terrorists 
        by such sanctuaries;
            (C) a description of efforts by the United States 
        Government to work with other countries in bilateral and 
        multilateral fora to elicit the cooperation needed to identify 
        and address terrorist sanctuaries that may exist unknown to 
        governments; and
            (D) a description of long-term goals and actions designed 
        to reduce the conditions that allow the formation of terrorist 
        sanctuaries, such as supporting and strengthening host 
        governments, reducing poverty,
        increasing economic development, strengthening civil society, 
        securing borders, strengthening internal security forces, and 
        disrupting logistics and communications networks of terrorist 
        groups.
        (2) Support for pakistan.--A description of a United States 
    strategy to engage with Pakistan and to support it over the long 
    term, including--
            (A) recommendations on the composition and levels of 
        assistance required in future years, with special consideration 
        of the proper balance between security assistance and other 
        forms of assistance;
            (B) a description of the composition and levels of 
        assistance, other than security assistance, at present and in 
        the recent past, structured to permit a comparison of current 
        and past practice with that recommended for the future;
            (C) measures that could be taken to ensure that all forms 
        of foreign assistance to Pakistan have the greatest possible 
        long-term positive impact on the welfare of the Pakistani 
        people and on the ability of Pakistan to cooperate in global 
        efforts against terror; and
            (D) measures that could be taken to alleviate difficulties, 
        misunderstandings, and complications in the relationship 
        between the United States and Pakistan.
        (3) Collaboration with saudi arabia.--A description of the 
    strategy of the United States for expanding collaboration with the 
    Government of Saudi Arabia on subjects of mutual interest and of 
    importance, including a description of--
            (A) steps that could usefully be taken to institutionalize 
        and make more transparent government to government 
        relationships between the United States and Saudi Arabia, 
        including the utility of undertaking periodic, formal, and 
        visible high-level dialogues between government officials of 
        both countries to address challenges in the relationship 
        between the 2 governments and to identify areas and mechanisms 
        for cooperation;
            (B) intelligence and security cooperation between the 
        United States and Saudi Arabia in the fight against Islamist 
        terrorism;
            (C) ways to increase the contribution of Saudi Arabia to 
        the stability of the Middle East and the Islamic world, 
        particularly to the Middle East peace process, by eliminating 
        support from or within Saudi Arabia for extremist groups or 
        tendencies;
            (D) political and economic reform in Saudi Arabia and 
        throughout the Islamic world;
            (E) ways to promote greater tolerance and respect for 
        cultural and religious diversity in Saudi Arabia and throughout 
        the Islamic world; and
            (F) ways to assist the Government of Saudi Arabia in 
        reversing the impact of any financial, moral, intellectual, or 
        other support provided in the past from Saudi sources to 
        extremist groups in Saudi Arabia and other countries, and to 
        prevent this support from continuing in the future.
        (4) Struggle of ideas in the islamic world.--A description of a 
    cohesive, long-term strategy of the United States to help win the 
    struggle of ideas in the Islamic world, including the following:
            (A) A description of specific goals related to winning this 
        struggle of ideas.
            (B) A description of the range of tools available to the 
        United States Government to accomplish such goals and the 
        manner in which such tools will be employed.
            (C) A list of benchmarks for measuring success and a plan 
        for linking resources to the accomplishment of such goals.
            (D) A description of any additional resources that may be 
        necessary to help win this struggle of ideas.
            (E) Any recommendations for the creation of, and United 
        States participation in, international institutions for the 
        promotion of democracy and economic diversification in the 
        Islamic world, and intraregional trade in the Middle East.
            (F) An estimate of the level of United States financial 
        assistance that would be sufficient to convince United States 
        allies and people in the Islamic world that engaging in the 
        struggle of ideas in the Islamic world is a top priority of the 
        United States and that the United States intends to make a 
        substantial and sustained commitment toward winning this 
        struggle.
        (5) Outreach through broadcast media.--A description of a 
    cohesive, long-term strategy of the United States to expand its 
    outreach to foreign Muslim audiences through broadcast media, 
    including the following:
            (A) The initiatives of the Broadcasting Board of Governors 
        with respect to outreach to foreign Muslim audiences.
            (B) An outline of recommended actions that the United 
        States Government should take to more regularly and
        comprehensively present a United States point of view through 
        indigenous broadcast media in countries with predominantly 
        Muslim populations, including increasing appearances by United 
        States Government officials, experts, and citizens.
            (C) An assessment of the major themes of biased or false 
        media coverage of the United States in foreign countries and 
        the actions taken to address this type of media coverage.
            (D) An assessment of potential incentives for, and costs 
        associated with, encouraging United States broadcasters to dub 
        or subtitle into Arabic and other relevant languages their news 
        and public affairs programs broadcast in the Muslim world in 
        order to present those programs to a much broader Muslim 
        audience than is currently reached.
            (E) Any recommendations the President may have for 
        additional funding and legislation necessary to achieve the 
        objectives of the strategy.
        (6) Visas for participants in united states programs.--A 
    description of--
            (A) any recommendations for expediting the issuance of 
        visas to individuals who are entering the United States for the 
        purpose of participating in a scholarship, exchange, or visitor 
        program described in section 7111(b) without compromising the 
        security of the United States; and
            (B) a proposed schedule for implementing any 
        recommendations described in subparagraph (A).
        (7) Basic education in muslim countries.--A description of a 
    strategy, that was developed after consultation with 
    nongovernmental organizations and individuals involved in
    education assistance programs in developing countries, to promote 
    free universal basic education in the countries of the Middle East 
    and in other countries with predominantly Muslim populations 
    designated by the President. The strategy shall include the 
    following elements:
            (A) A description of the manner in which the resources of 
        the United States and the international community shall be used 
        to help achieve free universal basic education in such 
        countries, including--
                (i) efforts of the United States to coordinate an 
            international effort;
                (ii) activities of the United States to leverage 
            contributions from members of the Group of Eight or other 
            donors; and
                (iii) assistance provided by the United States to 
            leverage contributions from the private sector and civil 
            society organizations.
            (B) A description of the efforts of the United States to 
        coordinate with other donors to reduce duplication and waste at 
        the global and country levels and to ensure efficient 
        coordination among all relevant departments and agencies of the 
        Government of the United States.
            (C) A description of the strategy of the United States to 
        assist efforts to overcome challenges to achieving free 
        universal basic education in such countries, including 
        strategies to target hard to reach populations to promote 
        education.
            (D) A listing of countries that the President determines 
        might be eligible for assistance under the International Youth 
        Opportunity Fund described in section 7114(b) and related 
        programs.
            (E) A description of the efforts of the United States to 
        encourage countries in the Middle East and other countries with 
        predominantly Muslim populations designated by the President to 
        develop and implement a national education plan.
            (F) A description of activities that could be carried out 
        as part of the International Youth Opportunity Fund to help 
        close the digital divide and expand vocational and business 
        skills in such countries.
            (G) An estimate of the funds needed to achieve free 
        universal basic education by 2015 in each country described in 
        subparagraph (D), and an estimate of the amount that has been 
        expended by the United States and by each such country during 
        the previous fiscal year.
            (H) A description of the United States strategy for 
        garnering programmatic and financial support from countries in 
        the Middle East and other countries with predominantly Muslim 
        populations designated by the President, international 
        organizations, and other countries that share the objectives of 
        the International Youth Opportunity Fund.
        (8) Economic reform.--A description of the efforts of the 
    United States Government to encourage development and promote 
    economic reform in countries that have a predominantly Muslim 
    population, including a description of--
            (A) efforts to integrate countries with predominantly 
        Muslim populations into the global trading system; and
            (B) actions that the United States Government, acting alone 
        and in partnership with governments in the Middle East, can 
        take to promote intraregional trade and the rule of law in the 
        region.
    (c) Form of Report.--Any report or other matter that is required to 
be submitted to Congress (including a committee of Congress) under this 
section may contain a classified annex.
SEC. 7121. CASE-ZABLOCKI ACT REQUIREMENTS.
    (a) Availability of Treaties and International Agreements.--Section 
112a of title 1, United States Code, is amended by adding at the end 
the following:
    ``(d) The Secretary of State shall make publicly available through 
the Internet website of the Department of State each treaty or 
international agreement proposed to be published in the compilation 
entitled `United States Treaties and Other International Agreements' 
not later than 180 days after the date on which the treaty or agreement 
enters into force.''.
    (b) Transmission to Congress.--Section 112b(a) of title 1, United 
States Code, is amended by striking ``Committee on Foreign Affairs'' 
and inserting ``Committee on International Relations''.
    (c) Report.--Section 112b of title 1, United States Code, is 
amended--
        (1) by redesignating subsections (d) and (e) as subsections (e) 
    and (f), respectively; and
        (2) by inserting after subsection (c) the following:
    ``(d)(1) The Secretary of State shall annually submit to Congress a 
report that contains an index of all international agreements, listed 
by country, date, title, and summary of each such agreement (including 
a description of the duration of activities under the agreement and the 
agreement itself), that the United States--
        ``(A) has signed, proclaimed, or with reference to which any 
    other final formality has been executed, or that has been extended 
    or otherwise modified, during the preceding calendar year; and
        ``(B) has not been published, or is not proposed to be 
    published, in the compilation entitled `United States Treaties and 
    Other International Agreements'.
    ``(2) The report described in paragraph (1) may be submitted in 
classified form.''.
    (d) Determination of International Agreement.--Subsection (e) of 
section 112b of title 1, United States Code, as redesignated, is 
amended--
        (1) by striking ``(e) The Secretary of State'' and inserting 
    the following:
    ``(e)(1) Subject to paragraph (2), the Secretary of State''; and
        (2) by adding at the end the following:
    ``(2)(A) An arrangement shall constitute an international agreement 
within the meaning of this section (other than subsection (c)) 
irrespective of the duration of activities under the arrangement or the 
arrangement itself.
    ``(B) Arrangements that constitute an international agreement 
within the meaning of this section (other than subsection (c)) include 
the following:
        ``(i) A bilateral or multilateral counterterrorism agreement.
        ``(ii) A bilateral agreement with a country that is subject to 
    a determination under section 6(j)(1)(A) of the Export 
    Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 
    620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), 
    or section 40(d) of the Arms Export Control Act (22 U.S.C. 
    2780(d)).''.
    (e) Enforcement of Requirements.--Section 139(b) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 is amended to 
read as follows:
    ``(b) Effective Date.--Subsection (a) shall take effect 60 days 
after the date of enactment of the 911 Commission Implementation Act of 
2004 and shall apply during fiscal years 2005, 2006, and 2007.''.

SEC. 7122. EFFECTIVE DATE.

    Notwithstanding any other provision of this Act, this subtitle 
shall take effect on the date of enactment of this Act.

          Subtitle B--Terrorist Travel and Effective Screening

SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) Travel documents are as important to terrorists as weapons 
    since terrorists must travel clandestinely to meet, train, plan, 
    case targets, and gain access to attack sites.
        (2) International travel is dangerous for terrorists because 
    they must surface to pass through regulated channels, present 
    themselves to border security officials, or attempt to circumvent 
    inspection points.
        (3) Terrorists use evasive, but detectable, methods to travel, 
    such as altered and counterfeit passports and visas, specific 
    travel methods and routes, liaisons with corrupt government 
    officials, human smuggling networks, supportive travel agencies, 
    and immigration and identity fraud.
        (4) Before September 11, 2001, no Federal agency systematically 
    analyzed terrorist travel strategies. If an agency had done so, the 
    agency could have discovered the ways in which the terrorist 
    predecessors to al Qaeda had been systematically, but detectably, 
    exploiting weaknesses in our border security since the early 1990s.
        (5) Many of the hijackers were potentially vulnerable to 
    interception by border authorities. Analyzing their characteristic 
    travel documents and travel patterns could have allowed authorities 
    to intercept some of the hijackers and a more effective use of 
    information available in government databases could have identified 
    some of the hijackers.
        (6) The routine operations of our immigration laws and the 
    aspects of those laws not specifically aimed at protecting against 
    terrorism inevitably shaped al Qaeda's planning and opportunities.
        (7) New insights into terrorist travel gained since September 
    11, 2001, have not been adequately integrated into the front lines 
    of border security.
        (8) The small classified terrorist travel intelligence 
    collection and analysis program currently in place has produced 
    useful results and should be expanded.
    (b) Strategy.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Director of the National 
    Counterterrorism Center shall submit to Congress unclassified and 
    classified versions of a strategy for combining terrorist travel 
    intelligence, operations, and law enforcement into a cohesive 
    effort to intercept terrorists, find terrorist travel facilitators, 
    and constrain terrorist mobility domestically and internationally. 
    The report to Congress should include a description of the actions 
    taken to implement the strategy and an assessment regarding 
    vulnerabilities within the United States and foreign travel systems 
    that may be exploited by international terrorists, human smugglers 
    and traffickers, and their facilitators.
        (2) Coordination.--The strategy shall be developed in 
    coordination with all relevant Federal agencies.
        (3) Contents.--The strategy may address--
            (A) a program for collecting, analyzing, disseminating, and 
        utilizing information and intelligence regarding terrorist 
        travel tactics and methods, and outline which Federal 
        intelligence, diplomatic, and law enforcement agencies will be 
        held accountable for implementing each element of the strategy;
            (B) the intelligence and law enforcement collection, 
        analysis, operations, and reporting required to identify and 
        disrupt terrorist travel tactics, practices, patterns, and 
        trends, and the terrorist travel facilitators, document 
        forgers, human smugglers, travel agencies, and corrupt border 
        and transportation officials who assist terrorists;
            (C) the training and training materials required by 
        consular, border, and immigration officials to effectively 
        detect and disrupt terrorist travel described under subsection 
        (c)(3);
            (D) the new technology and procedures required and actions 
        to be taken to integrate existing counterterrorist travel 
        document and mobility intelligence into border security 
        processes, including consular, port of entry, border patrol, 
        maritime, immigration benefits, and related law enforcement 
        activities;
            (E) the actions required to integrate current terrorist 
        mobility intelligence into military force protection measures;
            (F) the additional assistance to be given to the 
        interagency Human Smuggling and Trafficking Center for purposes 
        of combatting terrorist travel, including further developing 
        and expanding enforcement and operational capabilities that 
        address terrorist travel;
            (G) the actions to be taken to aid in the sharing of 
        information between the frontline border agencies of the 
        Department of Homeland Security, the Department of State, and 
        classified and unclassified sources of counterterrorist travel 
        intelligence and information elsewhere in the Federal 
        Government, including the Human Smuggling and Trafficking 
        Center;
            (H) the development and implementation of procedures to 
        enable the National Counterterrorism Center, or its designee, 
        to timely receive terrorist travel intelligence and 
        documentation obtained at consulates and ports of entry, and by 
        law enforcement officers and military personnel;
            (I) the use of foreign and technical assistance to advance 
        border security measures and law enforcement operations against 
        terrorist travel facilitators;
            (J) the feasibility of developing a program to provide each 
        consular, port of entry, and immigration benefits office with a 
        counterterrorist travel expert trained and authorized to use 
        the relevant authentication technologies and cleared to access 
        all appropriate immigration, law enforcement, and intelligence 
        databases;
            (K) the feasibility of digitally transmitting suspect 
        passport information to a central cadre of specialists, either 
        as an interim measure until such time as experts described 
        under subparagraph (J) are available at consular, port of 
        entry, and immigration benefits offices, or otherwise;
            (L) the development of a mechanism to ensure the 
        coordination and dissemination of terrorist travel intelligence 
        and operational information among the Department of Homeland 
        Security, the Department of State, the National 
        Counterterrorism Center, and other appropriate agencies;
            (M) granting consular officers and immigration 
        adjudicators, as appropriate, the security clearances necessary 
        to access law enforcement sensitive and intelligence databases; 
        and
            (N) how to integrate travel document screening for 
        terrorism indicators into border screening, and how to 
        integrate the intelligence community into a robust travel 
        document screening process to intercept terrorists.
    (c) Frontline Counterterrorist Travel Technology and Training.--
        (1) Technology acquisition and dissemination plan.--Not later 
    than 180 days after the date of enactment of this Act, the 
    Secretary of Homeland Security, in conjunction with the Secretary 
    of State, shall submit to Congress a plan describing how the 
    Department of Homeland Security and the Department of State can 
    acquire and deploy, to the maximum extent feasible, to all 
    consulates, ports of entry, and immigration benefits offices, 
    technologies that facilitate document authentication and the 
    detection of potential terrorist indicators on travel documents. To 
    the extent possible, technologies acquired and deployed under this 
    plan shall be compatible with systems used by the Department of 
    Homeland Security to detect fraudulent documents and identify 
    genuine documents.
        (2) Contents of plan.--The plan submitted under paragraph (1) 
    shall--
            (A) outline the timetable needed to acquire and deploy the 
        authentication technologies;
            (B) identify the resources required to--
                (i) fully disseminate these technologies; and
                (ii) train personnel on use of these technologies; and
            (C) address the feasibility of using these technologies to 
        screen every passport or other documentation described in 
        section 7209(b) submitted for identification purposes to a 
        United States consular, border, or immigration official.
    (d) Training Program.--
        (1) Review, evaluation, and revision of existing training 
    programs.--The Secretary of Homeland Security shall--
            (A) review and evaluate the training regarding travel and 
        identity documents, and techniques, patterns, and trends 
        associated with terrorist travel that is provided to personnel 
        of the Department of Homeland Security;
            (B) in coordination with the Secretary of State, review and 
        evaluate the training described in subparagraph (A) that is 
        provided to relevant personnel of the Department of State; and
            (C) in coordination with the Secretary of State, develop 
        and implement an initial training and periodic retraining 
        program--
                (i) to teach border, immigration, and consular 
            officials (who inspect or review travel or identity 
            documents as part of their official duties) how to 
            effectively detect, intercept, and disrupt terrorist 
            travel; and
                (ii) to ensure that the officials described in clause 
            (i) regularly receive the most current information on such 
            matters and are periodically retrained on the matters 
            described in paragraph (2).
        (2) Required topics of revised programs.--The training program 
    developed under paragraph (1)(C) shall include training in--
            (A) methods for identifying fraudulent and genuine travel 
        documents;
            (B) methods for detecting terrorist indicators on travel 
        documents and other relevant identity documents;
            (C) recognition of travel patterns, tactics, and behaviors 
        exhibited by terrorists;
            (D) effective utilization of information contained in 
        databases and data systems available to the Department of 
        Homeland Security; and
            (E) other topics determined to be appropriate by the 
        Secretary of Homeland Security, in consultation with the 
        Secretary of State or the Director of National Intelligence.
        (3) Implementation.--
            (A) Department of homeland security.--
                (i) In general.--The Secretary of Homeland Security 
            shall provide all border and immigration officials who 
            inspect or review travel or identity documents as part of 
            their official duties with the training described in 
            paragraph (1)(C).
                (ii) Report to congress.--Not later than 12 months 
            after the date of enactment of this Act, and annually 
            thereafter for a period of 3 years, the Secretary of 
            Homeland Security shall submit a report to Congress that--

                    (I) describes the number of border and immigration 
                officials who inspect or review identity documents as 
                part of their official duties, and the proportion of 
                whom have received the revised training program 
                described in paragraph (1)(C)(i);
                    (II) explains the reasons, if any, for not 
                completing the requisite training described in 
                paragraph (1)(C)(i);
                    (III) provides a timetable for completion of the 
                training described in paragraph (1)(C)(i) for those who 
                have not received such training; and
                    (IV) describes the status of periodic retraining of 
                appropriate personnel described in paragraph 
                (1)(C)(ii).

            (B) Department of state.--
                (i) In general.--The Secretary of State shall provide 
            all consular officers who inspect or review travel or 
            identity documents as part of their official duties with 
            the training described in paragraph (1)(C).
                (ii) Report to congress.--Not later than 12 months 
            after the date of enactment of this Act, and annually 
            thereafter for a period of 3 years, the Secretary of State 
            shall submit a report to Congress that--

                    (I) describes the number of consular officers who 
                inspect or review travel or identity documents as part 
                of their official duties, and the proportion of whom 
                have received the revised training program described in 
                paragraph (1)(C)(i);
                    (II) explains the reasons, if any, for not 
                completing the requisite training described in 
                paragraph (1)(C)(i);
                    (III) provides a timetable for completion of the 
                training described in paragraph (1)(C)(i) for those who 
                have not received such training; and
                    (IV) describes the status of periodic retraining of 
                appropriate personnel described in paragraph 
                (1)(C)(ii).

        (4) Assistance to others.--The Secretary of Homeland Security 
    may assist States, Indian tribes, local governments, and private 
    organizations to establish training programs related to terrorist 
    travel intelligence.
        (5) Authorization of appropriations.--There are authorized to 
    be appropriated such sums as may be necessary for each of the 
    fiscal years 2005 through 2009 to carry out the provisions of this 
    subsection.
    (e) Enhancing Classified Counterterrorist Travel Efforts.--
        (1) In general.--The Director of National Intelligence shall 
    significantly increase resources and personnel to the small 
    classified program that collects and analyzes intelligence on 
    terrorist travel.
        (2) Authorization of appropriations.--There are authorized to 
    be appropriated for each of the fiscal years 2005 through 2009 such 
    sums as may be necessary to carry out this subsection.
SEC. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAFFICKING CENTER.
    (a) Establishment.--There is established a Human Smuggling and 
Trafficking Center (referred to in this section as the ``Center'').
    (b) Operation.--The Secretary of State, the Secretary of Homeland 
Security, and the Attorney General shall operate the Center in 
accordance with the Memorandum of Understanding entitled, ``Human 
Smuggling and Trafficking Center (HSTC), Charter''.
    (c) Functions.--In addition to such other responsibilities as the 
President may assign, the Center shall--
        (1) serve as the focal point for interagency efforts to address 
    terrorist travel;
        (2) serve as a clearinghouse with respect to all relevant 
    information from all Federal Government agencies in support of the 
    United States strategy to prevent separate, but related, issues of 
    clandestine terrorist travel and facilitation of migrant smuggling 
    and trafficking of persons;
        (3) ensure cooperation among all relevant policy, law 
    enforcement, diplomatic, and intelligence agencies of the Federal 
    Government to improve effectiveness and to convert all information 
    available to the Federal Government relating to clandestine 
    terrorist travel and facilitation, migrant smuggling, and 
    trafficking of persons into tactical, operational, and strategic 
    intelligence that can be used to combat such illegal activities; 
    and
        (4) prepare and submit to Congress, on an annual basis, a 
    strategic assessment regarding vulnerabilities in the United States 
    and foreign travel system that may be exploited by international 
    terrorists, human smugglers and traffickers, and their 
    facilitators.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the President shall transmit to Congress a report regarding 
the implementation of this section, including a description of the 
staffing and resource needs of the Center.
    (e) Relationship to the NCTC.--As part of its mission to combat 
terrorist travel, the Center shall work to support the efforts of the 
National Counterterrorism Center.
SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.
    (a) Increased Number of Consular Officers.--The Secretary of State, 
in each of fiscal years 2006 through 2009, may increase by 150 the 
number of positions for consular officers above the number of such 
positions for which funds were allotted for the preceding fiscal year.
    (b) Limitation on Use of Foreign Nationals for Visa Screening.--
        (1) Immigrant visas.--Section 222(b) of the Immigration and 
    Nationality Act (8 U.S.C. 1202(b)) is amended by adding at the end 
    the following: ``All immigrant visa applications shall be reviewed 
    and adjudicated by a consular officer.''.
        (2) Nonimmigrant visas.--Section 222(d) of the Immigration and 
    Nationality Act (8 U.S.C. 1202(d)) is amended by adding at the end 
    the following: ``All nonimmigrant visa applications shall be 
    reviewed and adjudicated by a consular officer.''.
    (c) Training for Consular Officers in Detection of Fraudulent 
Documents.--Section 305(a) of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at the 
end the following: ``In accordance with section 7201(d) of the 9/11 
Commission Implementation Act of 2004, and as part of the consular 
training provided to such officers by the Secretary of State, such 
officers shall also receive training in detecting fraudulent documents 
and general document forensics and shall be required as part of such 
training to work with immigration officers conducting inspections of 
applicants for admission into the United States at ports of entry.''.
    (d) Assignment of Anti-Fraud Specialists.--
        (1) Survey regarding document fraud.--The Secretary of State, 
    in coordination with the Secretary of Homeland Security, shall 
    conduct a survey of each diplomatic and consular post at which 
    visas are issued to assess the extent to which fraudulent documents 
    are presented by visa applicants to consular officers at such 
    posts.
        (2) Requirement for specialist.--
            (A) In general.--Not later than July 31, 2005, the 
        Secretary of State, in coordination with the Secretary of 
        Homeland Security, shall identify the diplomatic and consular 
        posts at which visas are issued that experience the greatest 
        frequency of presentation of fraudulent documents by visa 
        applicants. The Secretary of State shall assign or designate at 
        each such post at least 1 full-time anti-fraud specialist 
        employed by the Department of State to assist the consular 
        officers at each such post in the detection of such fraud.
            (B) Exceptions.--The Secretary of State is not required to 
        assign or designate a specialist under subparagraph (A) at a 
        diplomatic or consular post if an employee of the Department of 
        Homeland Security, who has sufficient training and experience 
        in the detection of fraudulent documents, is assigned on a 
        full-time basis to such post under section 428 of the Homeland 
        Security Act of 2002 (6 U.S.C. 236).
SEC. 7204. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST 
TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED DOCUMENTS.
    (a) Findings.--Congress makes the following findings:
        (1) International terrorists travel across international 
    borders to raise funds, recruit members, train for operations, 
    escape capture, communicate, and plan and carry out attacks.
        (2) The international terrorists who planned and carried out 
    the attack on the World Trade Center on February 26, 1993, the 
    attack on the embassies of the United States in Kenya and Tanzania 
    on August 7, 1998, the attack on the USS Cole on October 12, 2000, 
    and the attack on the World Trade Center and the Pentagon on 
    September 11, 2001, traveled across international borders to plan 
    and carry out these attacks.
        (3) The international terrorists who planned other attacks on 
    the United States, including the plot to bomb New York City 
    landmarks in 1993, the plot to bomb the New York City subway in 
    1997, and the millennium plot to bomb Los Angeles International 
    Airport on December 31, 1999, traveled across international borders 
    to plan and carry out these attacks.
        (4) Many of the international terrorists who planned and 
    carried out large-scale attacks against foreign targets, including 
    the attack in Bali, Indonesia, on October 11, 2002, and the attack 
    in Madrid, Spain, on March 11, 2004, traveled across international 
    borders to plan and carry out these attacks.
        (5) Throughout the 1990s, international terrorists, including 
    those involved in the attack on the World Trade Center on February 
    26, 1993, the plot to bomb New York City landmarks in 1993, and the 
    millennium plot to bomb Los Angeles International Airport on 
    December 31, 1999, traveled on fraudulent passports and often had 
    more than 1 passport.
        (6) Two of the September 11, 2001, hijackers were carrying 
    passports that had been manipulated in a fraudulent manner.
        (7) The National Commission on Terrorist Attacks Upon the 
    United States, (commonly referred to as the 9/11 Commission), 
    stated that ``Targeting travel is at least as powerful a weapon 
    against terrorists as targeting their money.''.
    (b) International Agreements To Track and Curtail Terrorist 
Travel.--
        (1) International agreement on lost, stolen, or falsified 
    documents.--The President should lead efforts to track and curtail 
    the travel of terrorists by supporting the drafting, adoption, and 
    implementation of international agreements, and relevant United 
    Nations Security Council resolutions to track and stop 
    international travel by terrorists and other criminals through the 
    use of lost, stolen, or falsified documents to augment United 
    Nations and other international anti-terrorism efforts.
        (2) Contents of international agreement.--The President should 
    seek, as appropriate, the adoption or full implementation of 
    effective international measures to--
            (A) share information on lost, stolen, and fraudulent 
        passports and other travel documents for the purposes of 
        preventing the undetected travel of persons using such 
        passports and other travel documents that were obtained 
        improperly;
            (B) establish and implement a real-time verification system 
        of passports and other travel documents with issuing 
        authorities;
            (C) share with officials at ports of entry in any such 
        country information relating to lost, stolen, and fraudulent 
        passports and other travel documents;
            (D) encourage countries--
                (i) to criminalize--

                    (I) the falsification or counterfeiting of travel 
                documents or breeder documents for any purpose;
                    (II) the use or attempted use of false documents to 
                obtain a visa or cross a border for any purpose;
                    (III) the possession of tools or implements used to 
                falsify or counterfeit such documents;
                    (IV) the trafficking in false or stolen travel 
                documents and breeder documents for any purpose;
                    (V) the facilitation of travel by a terrorist; and
                    (VI) attempts to commit, including conspiracies to 
                commit, the crimes specified in subclauses (I) through 
                (V);

                (ii) to impose significant penalties to appropriately 
            punish violations and effectively deter the crimes 
            specified in clause (i); and
                (iii) to limit the issuance of citizenship papers, 
            passports, identification documents, and similar documents 
            to persons--

                    (I) whose identity is proven to the issuing 
                authority;
                    (II) who have a bona fide entitlement to or need 
                for such documents; and
                    (III) who are not issued such documents principally 
                on account of a disproportional payment made by them or 
                on their behalf to the issuing authority;

            (E) provide technical assistance to countries to help them 
        fully implement such measures; and
            (F) permit immigration and border officials--
                (i) to confiscate a lost, stolen, or falsified passport 
            at ports of entry;
                (ii) to permit the traveler to return to the sending 
            country without being in possession of the lost, stolen, or 
            falsified passport; and
                (iii) to detain and investigate such traveler upon the 
            return of the traveler to the sending country.
        (3) International civil aviation organization.--The United 
    States shall lead efforts to track and curtail the travel of 
    terrorists by supporting efforts at the International Civil 
    Aviation Organization to continue to strengthen the security 
    features of passports and other travel documents.
    (c) Report.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, and at least annually thereafter, the 
    President shall submit to the appropriate congressional committees 
    a report on progress toward achieving the goals described in 
    subsection (b).
        (2) Termination.--Paragraph (1) shall cease to be effective 
    when the President certifies to the Committee on International 
    Relations of the House of Representatives and the Committee on 
    Foreign Relations of the Senate that the goals described in 
    subsection (b) have been fully achieved.
SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES INTO 
THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND NAME-BASED 
WATCHLIST SYSTEMS.
    (a) Findings.--Congress makes the following findings:
        (1) The current lack of a single convention for translating 
    Arabic names enabled some of the 19 hijackers of aircraft used in 
    the terrorist attacks against the United States that occurred on 
    September 11, 2001, to vary the spelling of their names to defeat 
    name-based terrorist watchlist systems and to make more difficult 
    any potential efforts to locate them.
        (2) Although the development and utilization of terrorist 
    watchlist systems using biometric identifiers will be helpful, the 
    full development and utilization of such systems will take several 
    years, and name-based terrorist watchlist systems will always be 
    useful.
    (b) Sense of Congress.--It is the sense of Congress that the 
President should seek to enter into an international agreement to 
modernize and improve standards for the transliteration of names into 
the Roman alphabet in order to ensure 1 common spelling for such names 
for international travel documents and name-based watchlist systems.

SEC. 7206. IMMIGRATION SECURITY INITIATIVE.

    (a) In General.--Section 235A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1225a(b)) is amended--
        (1) in the subsection heading, by inserting ``and Immigration 
    Security Initiative'' after ``Program'';
        (2) by striking ``Attorney General'' and inserting ``Secretary 
    of Homeland Security''; and
        (3) by adding at the end the following: ``Beginning not later 
    than December 31, 2006, the number of airports selected for an 
    assignment under this subsection shall be at least 50.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security to carry out the 
amendments made by subsection (a)--
        (1) $25,000,000 for fiscal year 2005;
        (2) $40,000,000 for fiscal year 2006; and
        (3) $40,000,000 for fiscal year 2007.
SEC. 7207. CERTIFICATION REGARDING TECHNOLOGY FOR VISA WAIVER 
PARTICIPANTS.
    Not later than October 26, 2006, the Secretary of State shall 
certify to Congress which of the countries designated to participate in 
the visa waiver program established under section 217 of the 
Immigration and Nationality Act (8 U.S.C. 1187) are developing a 
program to issue to individuals seeking to enter that country pursuant 
to a visa issued by that country, a machine readable visa document that 
is tamper-resistant and incorporates biometric identification 
information that is verifiable at its port of entry.
SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
    (a) Finding.--Consistent with the report of the National Commission 
on Terrorist Attacks Upon the United States, Congress finds that 
completing a biometric entry and exit data system as expeditiously as 
possible is an essential investment in efforts to protect the United 
States by preventing the entry of terrorists.
    (b) Definition.--In this section, the term ``entry and exit data 
system'' means the entry and exit system required by applicable 
sections of--
        (1) the Illegal Immigration Reform and Immigrant Responsibility 
    Act of 1996 (Public Law 104-208);
        (2) the Immigration and Naturalization Service Data Management 
    Improvement Act of 2000 (Public Law 106-205);
        (3) the Visa Waiver Permanent Program Act (Public Law 106-396);
        (4) the Enhanced Border Security and Visa Entry Reform Act of 
    2002 (Public Law 107-173); and
        (5) the Uniting and Strengthening America by Providing 
    Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
    PATRIOT ACT) Act of 2001 (Public Law 107-56).
    (c) Plan and Report.--
        (1) Development of plan.--The Secretary of Homeland Security 
    shall develop a plan to accelerate the full implementation of an 
    automated biometric entry and exit data system.
        (2) Report.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary shall submit a report to 
    Congress on the plan developed under paragraph (1), which shall 
    contain--
            (A) a description of the current functionality of the entry 
        and exit data system, including--
                (i) a listing of ports of entry and other Department of 
            Homeland Security and Department of State locations with 
            biometric entry data systems in use and whether such 
            screening systems are located at primary or secondary 
            inspection areas;
                (ii) a listing of ports of entry and other Department 
            of Homeland Security and Department of State locations with 
            biometric exit data systems in use;
                (iii) a listing of databases and data systems with 
            which the entry and exit data system are interoperable;
                (iv) a description of--

                    (I) identified deficiencies concerning the accuracy 
                or integrity of the information contained in the entry 
                and exit data system;
                    (II) identified deficiencies concerning technology 
                associated with processing individuals through the 
                system; and
                    (III) programs or policies planned or implemented 
                to correct problems identified in subclause (I) or 
                (II); and

                (v) an assessment of the effectiveness of the entry and 
            exit data system in fulfilling its intended purposes, 
            including preventing terrorists from entering the United 
            States;
            (B) a description of factors relevant to the accelerated 
        implementation of the biometric entry and exit data system, 
        including--
                (i) the earliest date on which the Secretary estimates 
            that full implementation of the biometric entry and exit 
            data system can be completed;
                (ii) the actions the Secretary will take to accelerate 
            the full implementation of the biometric entry and exit 
            data system at all ports of entry through which all aliens 
            must pass that are legally required to do so; and
                (iii) the resources and authorities required to enable 
            the Secretary to meet the implementation date described in 
            clause (i);
            (C) a description of any improvements needed in the 
        information technology employed for the biometric entry and 
        exit data system;
            (D) a description of plans for improved or added 
        interoperability with any other databases or data systems; and
            (E) a description of the manner in which the Department of 
        Homeland Security's US-VISIT program--
                (i) meets the goals of a comprehensive entry and exit 
            screening system, including both entry and exit biometric; 
            and
                (ii) fulfills the statutory obligations under 
            subsection (b).
    (d) Collection of Biometric Exit Data.--The entry and exit data 
system shall include a requirement for the collection of biometric exit 
data for all categories of individuals who are required to provide 
biometric entry data, regardless of the port of entry where such 
categories of individuals entered the United States.
    (e) Integration and Interoperability.--
        (1) Integration of data system.--Not later than 2 years after 
    the date of enactment of this Act, the Secretary shall fully 
    integrate all databases and data systems that process or contain 
    information on aliens, which are maintained by--
            (A) the Department of Homeland Security, at--
                (i) the United States Immigration and Customs 
            Enforcement;
                (ii) the United States Customs and Border Protection; 
            and
                (iii) the United States Citizenship and Immigration 
            Services;
            (B) the Department of Justice, at the Executive Office for 
        Immigration Review; and
            (C) the Department of State, at the Bureau of Consular 
        Affairs.
        (2) Interoperable component.--The fully integrated data system 
    under paragraph (1) shall be an interoperable component of the 
    entry and exit data system.
        (3) Interoperable data system.--Not later than 2 years after 
    the date of enactment of this Act, the Secretary shall fully 
    implement an interoperable electronic data system, as required by 
    section 202 of the Enhanced Border Security and Visa Entry Reform 
    Act (8 U.S.C. 1722) to provide current and immediate access to 
    information in the databases of Federal law enforcement agencies 
    and the intelligence community that is relevant to determine--
            (A) whether to issue a visa; or
            (B) the admissibility or deportability of an alien.
    (f) Maintaining Accuracy and Integrity of Entry and Exit Data 
System.--
        (1) Policies and procedures.--
            (A) Establishment.--The Secretary of Homeland Security 
        shall establish rules, guidelines, policies, and operating and 
        auditing procedures for collecting, removing, and updating data 
        maintained in, and adding information to, the entry and exit 
        data system that ensure the accuracy and integrity of the data.
            (B) Training.--The Secretary shall develop training on the 
        rules, guidelines, policies, and procedures established under 
        subparagraph (A), and on immigration law and procedure. All 
        personnel authorized to access information maintained in the 
        databases and data system shall receive such training.
        (2) Data collected from foreign nationals.--The Secretary of 
    Homeland Security, the Secretary of State, and the Attorney 
    General, after consultation with directors of the relevant 
    intelligence agencies, shall standardize the information and data 
    collected from foreign nationals, and the procedures utilized to 
    collect such data, to ensure that the information is consistent and 
    valuable to officials accessing that data across multiple agencies.
        (3) Data maintenance procedures.--Heads of agencies that have 
    databases or data systems linked to the entry and exit data system 
    shall establish rules, guidelines, policies, and operating and 
    auditing procedures for collecting, removing, and updating data 
    maintained in, and adding information to, such databases or data 
    systems that ensure the accuracy and integrity of the data and for 
    limiting access to the information in the databases or data systems 
    to authorized personnel.
        (4) Requirements.--The rules, guidelines, policies, and 
    procedures established under this subsection shall--
            (A) incorporate a simple and timely method for--
                (i) correcting errors in a timely and effective manner;
                (ii) determining which government officer provided data 
            so that the accuracy of the data can be ascertained; and
                (iii) clarifying information known to cause false hits 
            or misidentification errors;
            (B) include procedures for individuals to--
                (i) seek corrections of data contained in the databases 
            or data systems; and
                (ii) appeal decisions concerning data contained in the 
            databases or data systems;
            (C) strictly limit the agency personnel authorized to enter 
        data into the system;
            (D) identify classes of information to be designated as 
        temporary or permanent entries, with corresponding expiration 
        dates for temporary entries; and
            (E) identify classes of prejudicial information requiring 
        additional authority of supervisory personnel before entry.
        (5) Centralizing and streamlining correction process.--
            (A) In general.--The President, or agency director 
        designated by the President, shall establish a clearinghouse 
        bureau in the Department of Homeland Security, to centralize 
        and streamline the process through which members of the public 
        can seek corrections to erroneous or inaccurate information 
        contained in agency databases, which is related to immigration 
        status, or which otherwise impedes lawful admission to the 
        United States.
            (B) Time schedules.--The process described in subparagraph 
        (A) shall include specific time schedules for reviewing data 
        correction requests, rendering decisions on such requests, and 
        implementing appropriate corrective action in a timely manner.
    (g) Integrated Biometric Entry-Exit Screening System.--The 
biometric entry and exit data system shall facilitate efficient 
immigration benefits processing by--
        (1) ensuring that the system's tracking capabilities encompass 
    data related to all immigration benefits processing, including--
            (A) visa applications with the Department of State;
            (B) immigration related filings with the Department of 
        Labor;
            (C) cases pending before the Executive Office for 
        Immigration Review; and
            (D) matters pending or under investigation before the 
        Department of Homeland Security;
        (2) utilizing a biometric based identity number tied to an 
    applicant's biometric algorithm established under the entry and 
    exit data system to track all immigration related matters 
    concerning the applicant;
        (3) providing that--
            (A) all information about an applicant's immigration 
        related history, including entry and exit history, can be 
        queried through electronic means; and
            (B) database access and usage guidelines include stringent 
        safeguards to prevent misuse of data;
        (4) providing real-time updates to the information described in 
    paragraph (3)(A), including pertinent data from all agencies 
    referred to in paragraph (1); and
        (5) providing continuing education in counterterrorism 
    techniques, tools, and methods for all Federal personnel employed 
    in the evaluation of immigration documents and immigration-related 
    policy.
    (h) Entry-Exit System Goals.--The Department of Homeland Security 
shall operate the biometric entry and exit system so that it--
        (1) serves as a vital counterterrorism tool;
        (2) screens travelers efficiently and in a welcoming manner;
        (3) provides inspectors and related personnel with adequate 
    real-time information;
        (4) ensures flexibility of training and security protocols to 
    most effectively comply with security mandates;
        (5) integrates relevant databases and plans for database 
    modifications to address volume increase and database usage; and
        (6) improves database search capacities by utilizing language 
    algorithms to detect alternate names.
    (i) Dedicated Specialists and Front Line Personnel Training.--In 
implementing the provisions of subsections (g) and (h), the Department 
of Homeland Security and the Department of State shall--
        (1) develop cross-training programs that focus on the scope and 
    procedures of the entry and exit data system;
        (2) provide extensive community outreach and education on the 
    entry and exit data system's procedures;
        (3) provide clear and consistent eligibility guidelines for 
    applicants in low-risk traveler programs; and
        (4) establish ongoing training modules on immigration law to 
    improve adjudications at our ports of entry, consulates, and 
    embassies.
    (j) Compliance Status Reports.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Homeland Security, the 
Secretary of State, the Attorney General, and the head of any other 
department or agency subject to the requirements of this section, shall 
issue individual status reports and a joint status report detailing the 
compliance of the department or agency with each requirement under this 
section.
    (k) Expediting Registered Travelers Across International Borders.--
        (1) Findings.--Consistent with the report of the National 
    Commission on Terrorist Attacks Upon the United States, Congress 
    makes the following findings:
            (A) Expediting the travel of previously screened and known 
        travelers across the borders of the United States should be a 
        high priority.
            (B) The process of expediting known travelers across the 
        borders of the United States can permit inspectors to better 
        focus on identifying terrorists attempting to enter the United 
        States.
        (2) Definition.--In this subsection, the term ``registered 
    traveler program'' means any program designed to expedite the 
    travel of previously screened and known travelers across the 
    borders of the United States.
        (3) Registered travel program.--
            (A) In general.--As soon as is practicable, the Secretary 
        shall develop and implement a registered traveler program to 
        expedite the processing of registered travelers who enter and 
        exit the United States.
            (B) Participation.--The registered traveler program shall 
        include as many participants as practicable by--
                (i) minimizing the cost of enrollment;
                (ii) making program enrollment convenient and easily 
            accessible; and
                (iii) providing applicants with clear and consistent 
            eligibility guidelines.
            (C) Integration.--The registered traveler program shall be 
        integrated into the automated biometric entry and exit data 
        system described in this section.
            (D) Review and evaluation.--In developing the registered 
        traveler program, the Secretary shall--
                (i) review existing programs or pilot projects designed 
            to expedite the travel of registered travelers across the 
            borders of the United States;
                (ii) evaluate the effectiveness of the programs 
            described in clause (i), the costs associated with such 
            programs, and the costs to travelers to join such programs;
                (iii) increase research and development efforts to 
            accelerate the development and implementation of a single 
            registered traveler program; and
                (iv) review the feasibility of allowing participants to 
            enroll in the registered traveler program at consular 
            offices.
        (4) Report.--Not later than 1 year after the date of enactment 
    of this Act, the Secretary shall submit to Congress a report 
    describing the Department's progress on the development and 
    implementation of the registered traveler program.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary, for each of the fiscal years 2005 
through 2009, such sums as may be necessary to carry out the provisions 
of this section.

SEC. 7209. TRAVEL DOCUMENTS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) Existing procedures allow many individuals to enter the 
    United States by showing minimal identification or without showing 
    any identification.
        (2) The planning for the terrorist attacks of September 11, 
    2001, demonstrates that terrorists study and exploit United States 
    vulnerabilities.
        (3) Additional safeguards are needed to ensure that terrorists 
    cannot enter the United States.
    (b) Passports.--
        (1) Development of plan.--The Secretary of Homeland Security, 
    in consultation with the Secretary of State, shall develop and 
    implement a plan as expeditiously as possible to require a passport 
    or other document, or combination of documents, deemed by the 
    Secretary of Homeland Security to be sufficient to denote identity 
    and citizenship, for all travel into the United States by United 
    States citizens and by categories of individuals for whom 
    documentation requirements have previously been waived under 
    section 212(d)(4)(B) of the Immigration and Nationality Act (8 
    U.S.C. 1182(d)(4)(B)). This plan shall be implemented not later 
    than January 1, 2008, and shall seek to expedite the travel of 
    frequent travelers, including those who reside in border 
    communities, and in doing so, shall make readily available a 
    registered traveler program (as described in section 7208(k)).
        (2) Requirement to produce documentation.--The plan developed 
    under paragraph (1) shall require all United States citizens, and 
    categories of individuals for whom documentation requirements have 
    previously been waived under section 212(d)(4)(B) of such Act, to 
    carry and produce the documentation described in paragraph (1) when 
    traveling from foreign countries into the United States.
    (c) Technical and Conforming Amendments.--After the complete 
implementation of the plan described in subsection (b)--
        (1) neither the Secretary of State nor the Secretary of 
    Homeland Security may exercise discretion under section 
    212(d)(4)(B) of such Act to waive documentary requirements for 
    travel into the United States; and
        (2) the President may not exercise discretion under section 
    215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary 
    requirements for United States citizens departing from or entering, 
    or attempting to depart from or enter, the United States except--
            (A) where the Secretary of Homeland Security determines 
        that the alternative documentation that is the basis for the 
        waiver of the documentary requirement is sufficient to denote 
        identity and citizenship;
            (B) in the case of an unforeseen emergency in individual 
        cases; or
            (C) in the case of humanitarian or national interest 
        reasons in individual cases.
    (d) Transit Without Visa Program.--The Secretary of State shall not 
use any authorities granted under section 212(d)(4)(C) of such Act 
until the Secretary, in conjunction with the Secretary of Homeland 
Security, completely implements a security plan to fully ensure secure 
transit passage areas to prevent aliens proceeding in immediate and 
continuous transit through the United States from illegally entering 
the United States.
SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED 
PREINSPECTION AT FOREIGN AIRPORTS.
    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) The exchange of terrorist information with other countries, 
    consistent with privacy requirements, along with listings of lost 
    and stolen passports, will have immediate security benefits.
        (2) The further away from the borders of the United States that 
    screening occurs, the more security benefits the United States will 
    gain.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the Federal Government should exchange terrorist 
    information with trusted allies;
        (2) the Federal Government should move toward real-time 
    verification of passports with issuing authorities;
        (3) where practicable, the Federal Government should conduct 
    screening before a passenger departs on a flight destined for the 
    United States;
        (4) the Federal Government should work with other countries to 
    ensure effective inspection regimes at all airports;
        (5) the Federal Government should work with other countries to 
    improve passport standards and provide foreign assistance to 
    countries that need help making the transition to the global 
    standard for identification; and
        (6) the Department of Homeland Security, in coordination with 
    the Department of State and other Federal agencies, should 
    implement the initiatives called for in this subsection.
    (c) Report Regarding the Exchange of Terrorist Information.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary of State and the Secretary of 
    Homeland Security, working with other Federal agencies, shall 
    submit to the appropriate committees of Congress a report on 
    Federal efforts to collaborate with allies of the United States in 
    the exchange of terrorist information.
        (2) Contents.--The report shall outline--
            (A) strategies for increasing such collaboration and 
        cooperation;
            (B) progress made in screening passengers before their 
        departure to the United States; and
            (C) efforts to work with other countries to accomplish the 
        goals described under this section.
    (d) Preinspection at Foreign Airports.--
        (1) In general.--Section 235A(a)(4) of the Immigration and 
    Nationality Act (8 U.S.C. 1225a(a)(4)) is amended to read as 
    follows:
        ``(4) Subject to paragraph (5), not later than January 1, 2008, 
    the Secretary of Homeland Security, in consultation with the 
    Secretary of State, shall establish preinspection stations in at 
    least 25 additional foreign airports, which the Secretary of 
    Homeland Security, in consultation with the Secretary of State, 
    determines, based on the data compiled under paragraph (3) and such 
    other information as may be available, would most effectively 
    facilitate the travel of admissible aliens and reduce the number of 
    inadmissible aliens, especially aliens who are potential 
    terrorists, who arrive from abroad by air at points of entry within 
    the United States. Such preinspection stations shall be in addition 
    to those established before September 30, 1996, or pursuant to 
    paragraph (1).''.
        (2) Report.--Not later than June 30, 2006, the Secretary of 
    Homeland Security and the Secretary of State shall submit a report 
    on the progress being made in implementing the amendment made by 
    paragraph (1) to--
            (A) the Committee on the Judiciary of the Senate;
            (B) the Committee on the Judiciary of the House of 
        Representatives;
            (C) the Committee on Foreign Relations of the Senate;
            (D) the Committee on International Relations of the House 
        of Representatives;
            (E) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (F) the Select Committee on Homeland Security of the House 
        of Representatives (or any successor committee).
SEC. 7211. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
    (a) Definition.--In this section, the term ``birth certificate'' 
means a certificate of birth--
        (1) for an individual (regardless of where born)--
            (A) who is a citizen or national of the United States at 
        birth; and
            (B) whose birth is registered in the United States; and
        (2) that--
            (A) is issued by a Federal, State, or local government 
        agency or authorized custodian of record and produced from 
        birth records maintained by such agency or custodian of record; 
        or
            (B) is an authenticated copy, issued by a Federal, State, 
        or local government agency or authorized custodian of record, 
        of an original certificate of birth issued by such agency or 
        custodian of record.
    (b) Standards for Acceptance by Federal Agencies.--
        (1) In general.--Beginning 2 years after the promulgation of 
    minimum standards under paragraph (3), no Federal agency may accept 
    a birth certificate for any official purpose unless the certificate 
    conforms to such standards.
        (2) State certification.--
            (A) In general.--Each State shall certify to the Secretary 
        of Health and Human Services that the State is in compliance 
        with the requirements of this section.
            (B) Frequency.--Certifications under subparagraph (A) shall 
        be made at such intervals and in such a manner as the Secretary 
        of Health and Human Services, with the concurrence of the 
        Secretary of Homeland Security and the Commissioner of Social 
        Security, may prescribe by regulation.
            (C) Compliance.--Each State shall ensure that units of 
        local government and other authorized custodians of records in 
        the State comply with this section.
            (D) Audits.--The Secretary of Health and Human Services may 
        conduct periodic audits of each State's compliance with the 
        requirements of this section.
        (3) Minimum standards.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary of Health and Human Services 
    shall by regulation establish minimum standards for birth 
    certificates for use by Federal agencies for official purposes 
    that--
            (A) at a minimum, shall require certification of the birth 
        certificate by the State or local government custodian of 
        record that issued the certificate, and shall require the use 
        of safety paper or an alternative, equally secure medium, the 
        seal of the issuing custodian of record, and other features 
        designed to prevent tampering, counterfeiting, or otherwise 
        duplicating the birth certificate for fraudulent purposes;
            (B) shall establish requirements for proof and verification 
        of identity as a condition of issuance of a birth certificate, 
        with additional security measures for the issuance of a birth 
        certificate for a person who is not the applicant;
            (C) shall establish standards for the processing of birth 
        certificate applications to prevent fraud;
            (D) may not require a single design to which birth 
        certificates issued by all States must conform; and
            (E) shall accommodate the differences between the States in 
        the manner and form in which birth records are stored and birth 
        certificates are produced from such records.
        (4) Consultation with government agencies.--In promulgating the 
    standards required under paragraph (3), the Secretary of Health and 
    Human Services shall consult with--
            (A) the Secretary of Homeland Security;
            (B) the Commissioner of Social Security;
            (C) State vital statistics offices; and
            (D) other appropriate Federal agencies.
        (5) Extension of effective date.--The Secretary of Health and 
    Human Services may extend the date specified under paragraph (1) 
    for up to 2 years for birth certificates issued by a State if the 
    Secretary determines that the State made reasonable efforts to 
    comply with the date under paragraph (1) but was unable to do so.
    (c) Grants to States.--
        (1) Assistance in meeting federal standards.--
            (A) In general.--Beginning on the date a final regulation 
        is promulgated under subsection (b)(3), the Secretary of Health 
        and Human Services shall award grants to States to assist them 
        in conforming to the minimum standards for birth certificates 
        set forth in the regulation.
            (B) Allocation of grants.--The Secretary shall award grants 
        to States under this paragraph based on the proportion that the 
        estimated average annual number of birth certificates issued by 
        a State applying for a grant bears to the estimated average 
        annual number of birth certificates issued by all States.
            (C) Minimum allocation.--Notwithstanding subparagraph (B), 
        each State shall receive not less than 0.5 percent of the grant 
        funds made available under this paragraph.
        (2) Assistance in matching birth and death records.--
            (A) In general.--The Secretary of Health and Human 
        Services, in coordination with the Commissioner of Social 
        Security and other appropriate Federal agencies, shall award 
        grants to States, under criteria established by the Secretary, 
        to assist States in--
                (i) computerizing their birth and death records;
                (ii) developing the capability to match birth and death 
            records within each State and among the States; and
                (iii) noting the fact of death on the birth 
            certificates of deceased persons.
            (B) Allocation of grants.--The Secretary shall award grants 
        to qualifying States under this paragraph based on the 
        proportion that the estimated annual average number of birth 
        and death records created by a State applying for a grant bears 
        to the estimated annual average number of birth and death 
        records originated by all States.
            (C) Minimum allocation.--Notwithstanding subparagraph (B), 
        each State shall receive not less than 0.5 percent of the grant 
        funds made available under this paragraph.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2005 through 
2009 such sums as may be necessary to carry out this section.
    (e) Technical and Conforming Amendment.--Section 656 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (5 U.S.C. 
301 note) is repealed.
SEC. 7212. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS.
    (a) Definitions.--In this section:
        (1) Driver's license.--The term ``driver's license'' means a 
    motor vehicle operator's license as defined in section 30301(5) of 
    title 49, United States Code.
        (2) Personal identification card.--The term ``personal 
    identification card'' means an identification document (as defined 
    in section 1028(d)(3) of title 18, United States Code) issued by a 
    State.
    (b) Standards for Acceptance by Federal Agencies.--
        (1) In general.--
            (A) Limitation on acceptance.--No Federal agency may 
        accept, for any official purpose, a driver's license or 
        personal identification card newly issued by a State more than 
        2 years after the promulgation of the minimum standards under 
        paragraph (2) unless the driver's license or personal 
        identification card conforms to such minimum standards.
            (B) Date for conformance.--The Secretary of Transportation, 
        in consultation with the Secretary of Homeland Security, shall 
        establish a date after which no driver's license or personal 
        identification card shall be accepted by a Federal agency for 
        any official purpose unless such driver's license or personal 
        identification card conforms to the minimum standards 
        established under paragraph (2). The date shall be as early as 
        the Secretary determines it is practicable for the States to 
        comply with such date with reasonable efforts.
            (C) State certification.--
                (i) In general.--Each State shall certify to the 
            Secretary of Transportation that the State is in compliance 
            with the requirements of this section.
                (ii) Frequency.--Certifications under clause (i) shall 
            be made at such intervals and in such a manner as the 
            Secretary of Transportation, with the concurrence of the 
            Secretary of Homeland Security, may prescribe by 
            regulation.
                (iii) Audits.--The Secretary of Transportation may 
            conduct periodic audits of each State's compliance with the 
            requirements of this section.
        (2) Minimum standards.--Not later than 18 months after the date 
    of enactment of this Act, the Secretary of Transportation, in 
    consultation with the Secretary of Homeland Security, shall by 
    regulation, establish minimum standards for driver's licenses or 
    personal identification cards issued by a State for use by Federal 
    agencies for identification purposes that shall include--
            (A) standards for documentation required as proof of 
        identity of an applicant for a driver's license or personal 
        identification card;
            (B) standards for the verifiability of documents used to 
        obtain a driver's license or personal identification card;
            (C) standards for the processing of applications for 
        driver's licenses and personal identification cards to prevent 
        fraud;
            (D) standards for information to be included on each 
        driver's license or personal identification card, including--
                (i) the person's full legal name;
                (ii) the person's date of birth;
                (iii) the person's gender;
                (iv) the person's driver's license or personal 
            identification card number;
                (v) a digital photograph of the person;
                (vi) the person's address of principal residence; and
                (vii) the person's signature;
            (E) standards for common machine-readable identity 
        information to be included on each driver's license or personal 
        identification card, including defined minimum data elements;
            (F) security standards to ensure that driver's licenses and 
        personal identification cards are--
                (i) resistant to tampering, alteration, or 
            counterfeiting; and
                (ii) capable of accommodating and ensuring the security 
            of a digital photograph or other unique identifier; and
            (G) a requirement that a State confiscate a driver's 
        license or personal identification card if any component or 
        security feature of the license or identification card is 
        compromised.
        (3) Content of regulations.--The regulations required by 
    paragraph (2)--
            (A) shall facilitate communication between the chief driver 
        licensing official of a State, an appropriate official of a 
        Federal agency and other relevant officials, to verify the 
        authenticity of documents, as appropriate, issued by such 
        Federal agency or entity and presented to prove the identity of 
        an individual;
            (B) may not infringe on a State's power to set criteria 
        concerning what categories of individuals are eligible to 
        obtain a driver's license or personal identification card from 
        that State;
            (C) may not require a State to comply with any such 
        regulation that conflicts with or otherwise interferes with the 
        full enforcement of State criteria concerning the categories of 
        individuals that are eligible to obtain a driver's license or 
        personal identification card from that State;
            (D) may not require a single design to which driver's 
        licenses or personal identification cards issued by all States 
        must conform; and
            (E) shall include procedures and requirements to protect 
        the privacy rights of individuals who apply for and hold 
        driver's licenses and personal identification cards.
        (4) Negotiated rulemaking.--
            (A) In general.--Before publishing the proposed regulations 
        required by paragraph (2) to carry out this title, the 
        Secretary of Transportation shall establish a negotiated 
        rulemaking process pursuant to subchapter IV of chapter 5 of 
        title 5, United States Code (5 U.S.C. 561 et seq.).
            (B) Representation on negotiated rulemaking committee.--Any 
        negotiated rulemaking committee established by the Secretary of 
        Transportation pursuant to subparagraph (A) shall include 
        representatives from--
                (i) among State offices that issue driver's licenses or 
            personal identification cards;
                (ii) among State elected officials;
                (iii) the Department of Homeland Security; and
                (iv) among interested parties.
            (C) Time requirement.--The process described in 
        subparagraph (A) shall be conducted in a timely manner to 
        ensure that--
                (i) any recommendation for a proposed rule or report is 
            provided to the Secretary of Transportation not later than 
            9 months after the date of enactment of this Act and shall 
            include an assessment of the benefits and costs of the 
            recommendation; and
                (ii) a final rule is promulgated not later than 18 
            months after the date of enactment of this Act.
    (c) Grants to States.--
        (1) Assistance in meeting federal standards.--Beginning on the 
    date a final regulation is promulgated under subsection (b)(2), the 
    Secretary of Transportation shall award grants to States to assist 
    them in conforming to the minimum standards for driver's licenses 
    and personal identification cards set forth in the regulation.
        (2) Allocation of grants.--The Secretary of Transportation 
    shall award grants to States under this subsection based on the 
    proportion that the estimated average annual number of driver's 
    licenses and personal identification cards issued by a State 
    applying for a grant bears to the average annual number of such 
    documents issued by all States.
        (3) Minimum allocation.--Notwithstanding paragraph (2), each 
    State shall receive not less than 0.5 percent of the grant funds 
    made available under this subsection.
    (d) Extension of Effective Date.--The Secretary of Transportation 
may extend the date specified under subsection (b)(1)(A) for up to 2 
years for driver's licenses issued by a State if the Secretary 
determines that the State made reasonable efforts to comply with the 
date under such subsection but was unable to do so.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for each of the fiscal 
years 2005 through 2009, such sums as may be necessary to carry out 
this section.

SEC. 7213. SOCIAL SECURITY CARDS AND NUMBERS.

    (a) Security Enhancements.--The Commissioner of Social Security 
shall--
        (1) not later than 1 year after the date of enactment of this 
    Act--
            (A) restrict the issuance of multiple replacement social 
        security cards to any individual to 3 per year and 10 for the 
        life of the individual, except that the Commissioner may allow 
        for reasonable exceptions from the limits under this paragraph 
        on a case-by-case basis in compelling circumstances;
            (B) establish minimum standards for the verification of 
        documents or records submitted by an individual to establish 
        eligibility for an original or replacement social security 
        card, other than for purposes of enumeration at birth; and
            (C) require independent verification of any birth record 
        submitted by an individual to establish eligibility for a 
        social security account number, other than for purposes of 
        enumeration at birth, except that the Commissioner may allow 
        for reasonable exceptions from the requirement for independent 
        verification under this subparagraph on a case by case basis in 
        compelling circumstances; and
        (2) notwithstanding section 205(r) of the Social Security Act 
    (42 U.S.C. 405(r)) and any agreement entered into thereunder, not 
    later than 18 months after the date of enactment of this Act with 
    respect to death indicators and not later than 36 months after the 
    date of enactment of this Act with respect to fraud indicators, add 
    death and fraud indicators to the social security number 
    verification systems for employers, State agencies issuing driver's 
    licenses and identity cards, and other verification routines that 
    the Commissioner determines to be appropriate.
    (b) Interagency Security Task Force.--The Commissioner of Social 
Security, in consultation with the Secretary of Homeland Security, 
shall form an interagency task force for the purpose of further 
improving the security of social security cards and numbers. Not later 
than 18 months after the date of enactment of this Act, the task force 
shall establish, and the Commissioner shall provide for the 
implementation of, security requirements, including--
        (1) standards for safeguarding social security cards from 
    counterfeiting, tampering, alteration, and theft;
        (2) requirements for verifying documents submitted for the 
    issuance of replacement cards; and
        (3) actions to increase enforcement against the fraudulent use 
    or issuance of social security numbers and cards.
    (c) Enumeration at Birth.--
        (1) Improvement of application process.--As soon as practicable 
    after the date of enactment of this Act, the Commissioner of Social 
    Security shall undertake to make improvements to the enumeration at 
    birth program for the issuance of social security account numbers 
    to newborns. Such improvements shall be designed to prevent--
            (A) the assignment of social security account numbers to 
        unnamed children;
            (B) the issuance of more than 1 social security account 
        number to the same child; and
            (C) other opportunities for fraudulently obtaining a social 
        security account number.
        (2) Report to congress.--Not later than 1 year after the date 
    of enactment of this Act, the Commissioner shall transmit to each 
    House of Congress a report specifying in detail the extent to which 
    the improvements required under paragraph (1) have been made.
    (d) Study Regarding Process for Enumeration at Birth.--
        (1) In general.--As soon as practicable after the date of 
    enactment of this Act, the Commissioner of Social Security shall 
    conduct a study to determine the most efficient options for 
    ensuring the integrity of the process for enumeration at birth. 
    This study shall include an examination of available methods for 
    reconciling hospital birth records with birth registrations 
    submitted to agencies of States and political subdivisions thereof 
    and with information provided to the Commissioner as part of the 
    process for enumeration at birth.
        (2) Report.--
            (A) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Commissioner shall submit a report 
        to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate 
        regarding the results of the study conducted under paragraph 
        (1).
            (B) Contents.--The report submitted under subparagraph (A) 
        shall contain such recommendations for legislative changes as 
        the Commissioner considers necessary to implement needed 
        improvements in the process for enumeration at birth.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commissioner of Social Security for each of the 
fiscal years 2005 through 2009, such sums as may be necessary to carry 
out this section.
SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT 
NUMBERS ON DRIVER'S LICENSES OR MOTOR VEHICLE REGISTRATIONS.
    (a) In General.--Section 205(c)(2)(C)(vi) of the Social Security 
Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
        (1) by inserting ``(I)'' after ``(vi)''; and
        (2) by adding at the end the following new subclause:
    ``(II) Any State or political subdivision thereof (and any person 
acting as an agent of such an agency or instrumentality), in the 
administration of any driver's license or motor vehicle registration 
law within its jurisdiction, may not display a social security account 
number issued by the Commissioner of Social Security (or any derivative 
of such number) on any driver's license, motor vehicle registration, or 
personal identification card (as defined in section 7212(a)(2) of the 
9/11 Commission Implementation Act of 2004), or include, on any such 
license, registration, or personal identification card, a magnetic 
strip, bar code, or other means of communication which conveys such 
number (or derivative thereof).''.
    (b) Effective Date.--The amendment made by subsection (a)(2) shall 
apply with respect to licenses, registrations, and identification cards 
issued or reissued 1 year after the date of enactment of this Act.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commissioner of Social Security for each of the 
fiscal years 2005 through 2009, such sums as may be necessary to carry 
out this section.

SEC. 7215. TERRORIST TRAVEL PROGRAM.

    The Secretary of Homeland Security, in consultation with the 
Director of the National Counterterrorism Center, and consistent with 
the strategy developed under section 7201, shall establish a program to 
oversee the implementation of the Department's responsibilities with 
respect to terrorist travel, including the analysis, coordination, and 
dissemination of terrorist travel intelligence and operational 
information--
        (1) among appropriate subdivisions of the Department of 
    Homeland Security, including--
            (A) the Bureau of Customs and Border Protection;
            (B) United States Immigration and Customs Enforcement;
            (C) United States Citizenship and Immigration Services;
            (D) the Transportation Security Administration; and
            (E) any other subdivision, as determined by the Secretary; 
        and
        (2) between the Department of Homeland Security and other 
    appropriate Federal agencies.
SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.
    Section 1028(b)(4) of title 18, United States Code, is amended by 
striking ``25 years'' and inserting ``30 years''.
SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
    (a) In General.--Not later than May 31, 2005, the Secretary of 
State, in consultation with the Secretary of Homeland Security, shall 
submit a report, containing the results of a study on the subjects 
described in subsection (b), to--
        (1) the Committee on the Judiciary of the Senate;
        (2) the Committee on the Judiciary of the House of 
    Representatives;
        (3) the Committee on Foreign Relations of the Senate;
        (4) the Committee on International Relations of the House of 
    Representatives;
        (5) the Committee on Homeland Security and Governmental Affairs 
    of the Senate; and
        (6) the Select Committee on Homeland Security of the House of 
    Representatives (or any successor committee).
    (b) Contents.--The study referred to in subsection (a) shall 
examine the feasibility, cost, potential benefits, and relative 
importance to the objectives of tracking suspected terrorists' travel, 
and apprehending suspected terrorists, of establishing a system, in 
coordination with other countries, through which border and visa 
issuance officials have access in real-time to information on newly 
issued passports to persons whose previous passports were allegedly 
lost or stolen.
    (c) Incentives.--The study described in subsection (b) shall make 
recommendations on incentives that might be offered to encourage 
foreign nations to participate in the initiatives described in 
subsection (b).
SEC. 7218. ESTABLISHMENT OF VISA AND PASSPORT SECURITY PROGRAM IN THE 
DEPARTMENT OF STATE.
    (a) Establishment.--There is established, within the Bureau of 
Diplomatic Security of the Department of State, the Visa and Passport 
Security Program (in this section referred to as the ``Program'').
    (b) Preparation of Strategic Plan.--
        (1) In general.--The Assistant Secretary for Diplomatic 
    Security, in coordination with the appropriate officials of the 
    Bureau of Consular Affairs, the coordinator for counterterrorism, 
    the National Counterterrorism Center, and the Department of 
    Homeland Security, and consistent with the strategy mandated by 
    section 7201, shall ensure the preparation of a strategic plan to 
    target and disrupt individuals and organizations, within the United 
    States and in foreign countries, that are involved in the 
    fraudulent production, distribution, use, or other similar 
    activity--
            (A) of a United States visa or United States passport;
            (B) of documents intended to help fraudulently procure a 
        United States visa or United States passport, or other 
        documents intended to gain unlawful entry into the United 
        States; or
            (C) of passports and visas issued by foreign countries 
        intended to gain unlawful entry into the United States.
        (2) Emphasis.--The strategic plan shall--
            (A) focus particular emphasis on individuals and 
        organizations that may have links to domestic terrorist 
        organizations or foreign terrorist organizations (as such term 
        is defined in section 219 of the Immigration and Nationality 
        Act (8 U.S.C. 1189));
            (B) require the development of a strategic training course 
        under the Antiterrorism Assistance Training (ATA) program of 
        the Department of State (or any successor or related program) 
        under chapter 8 of part II of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions 
        of law) to train participants in the identification of 
        fraudulent documents and the forensic detection of such 
        documents which may be used to obtain unlawful entry into the 
        United States; and
            (C) determine the benefits and costs of providing technical 
        assistance to foreign governments to ensure the security of 
        passports, visas, and related documents and to investigate, 
        arrest, and prosecute individuals who facilitate travel by the 
        creation of false passports and visas, documents to obtain such 
        passports and visas, and other types of travel documents.
    (c) Program.--
        (1) Individual in charge.--
            (A) Designation.--The Assistant Secretary for Diplomatic 
        Security shall designate an individual to be in charge of the 
        Program.
            (B) Qualification.--The individual designated under 
        subparagraph (A) shall have expertise and experience in the 
        investigation and prosecution of visa and passport fraud.
        (2) Program components.--The Program shall include the 
    following:
            (A) Analysis of methods.--Analyze, in coordination with 
        other appropriate government agencies, methods used by 
        terrorists to travel internationally, particularly the use of 
        false or altered travel documents to illegally enter foreign 
        countries and the United States, and consult with the Bureau of 
        Consular Affairs and the Secretary of Homeland Security on 
        recommended changes to the visa issuance process that could 
        combat such methods, including the introduction of new 
        technologies into such process.
            (B) Identification of individuals and documents.--Identify, 
        in cooperation with the Human Trafficking and Smuggling Center, 
        individuals who facilitate travel by the creation of false 
        passports and visas, documents used to obtain such passports 
        and visas, and other types of travel documents, and ensure that 
        the appropriate agency is notified for further investigation 
        and prosecution or, in the case of such individuals abroad for 
        which no further investigation or prosecution is initiated, 
        ensure that all appropriate information is shared with foreign 
        governments in order to facilitate investigation, arrest, and 
        prosecution of such individuals.
            (C) Identification of foreign countries needing 
        assistance.--Identify foreign countries that need technical 
        assistance, such as law reform, administrative reform, 
        prosecutorial training, or assistance to police and other 
        investigative services, to ensure passport, visa, and related 
        document security and to investigate, arrest, and prosecute 
        individuals who facilitate travel by the creation of false 
        passports and visas, documents used to obtain such passports 
        and visas, and other types of travel documents.
            (D) Inspection of applications.--Randomly inspect visa and 
        passport applications for accuracy, efficiency, and fraud, 
        especially at high terrorist threat posts, in order to prevent 
        a recurrence of the issuance of visas to those who submit 
        incomplete, fraudulent, or otherwise irregular or incomplete 
        applications.
    (d) Report.--Not later than 90 days after the date on which the 
strategy required under section 7201 is submitted to Congress, the 
Assistant Secretary for Diplomatic Security shall submit to Congress a 
report containing--
        (1) a description of the strategic plan prepared under 
    subsection (b); and
        (2) an evaluation of the feasibility of establishing civil 
    service positions in field offices of the Bureau of Diplomatic 
    Security to investigate visa and passport fraud, including an 
    evaluation of whether to allow diplomatic security agents to 
    convert to civil service officers to fill such positions.

SEC. 7219. EFFECTIVE DATE.

    Notwithstanding any other provision of this Act, this subtitle 
shall take effect on the date of enactment of this Act.

SEC. 7220. IDENTIFICATION STANDARDS.

    (a) Proposed Standards.--
        (1) In general.--The Secretary of Homeland Security--
            (A) shall propose minimum standards for identification 
        documents required of domestic commercial airline passengers 
        for boarding an aircraft; and
            (B) may, from time to time, propose minimum standards 
        amending or replacing standards previously proposed and 
        transmitted to Congress and approved under this section.
        (2) Submission to congress.--Not later than 6 months after the 
    date of enactment of this Act, the Secretary shall submit the 
    standards under paragraph (1)(A) to the Senate and the House of 
    Representatives on the same day while each House is in session.
        (3) Effective date.--Any proposed standards submitted to 
    Congress under this subsection shall take effect when an approval 
    resolution is passed by the House and the Senate under the 
    procedures described in subsection (b) and becomes law.
    (b) Congressional Approval Procedures.--
        (1) Rulemaking power.--This subsection is enacted by Congress--
            (A) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such 
        they are deemed a part of the rules of each House, 
        respectively, but applicable only with respect to the procedure 
        to be followed in that House in the case of such approval 
        resolutions; and it supersedes other rules only to the extent 
        that they are inconsistent therewith; and
            (B) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.
        (2) Approval resolution.--For the purpose of this subsection, 
    the term ``approval resolution'' means a joint resolution of 
    Congress, the matter after the resolving clause of which is as 
    follows: ``That the Congress approves the proposed standards issued 
    under section 7220 of the 9/11 Commission Implementation Act of 
    2004, transmitted by the President to the Congress on ______'', the 
    blank space being filled in with the appropriate date.
        (3) Introduction.--Not later than the first day of session 
    following the day on which proposed standards are transmitted to 
    the House of Representatives and the Senate under subsection (a), 
    an approval resolution--
            (A) shall be introduced (by request) in the House by the 
        Majority Leader of the House of Representatives, for himself or 
        herself and the Minority Leader of the House of 
        Representatives, or by Members of the House of Representatives 
        designated by the Majority Leader and Minority Leader of the 
        House; and
            (B) shall be introduced (by request) in the Senate by the 
        Majority Leader of the Senate, for himself or herself and the 
        Minority Leader of the Senate, or by Members of the Senate 
        designated by the Majority Leader and Minority Leader of the 
        Senate.
        (4) Prohibitions.--
            (A) Amendments.--No amendment to an approval resolution 
        shall be in order in either the House of Representatives or the 
        Senate.
            (B) Motions to suspend.--No motion to suspend the 
        application of this paragraph shall be in order in either 
        House, nor shall it be in order in either House for the 
        Presiding Officer to entertain a request to suspend the 
        application of this paragraph by unanimous consent.
        (5) Referral.--
            (A) In general.--An approval resolution shall be referred 
        to the committees of the House of Representatives and of the 
        Senate with jurisdiction. Each committee shall make its 
        recommendations to the House of Representatives or the Senate, 
        as the case may be, within 45 days after its introduction. 
        Except as provided in subparagraph (B), if a committee to which 
        an approval resolution has been referred has not reported it at 
        the close of the 45th day after its introduction, such 
        committee shall be automatically discharged from further 
        consideration of the resolution and it shall be placed on the 
        appropriate calendar.
            (B) Final passage.--A vote on final passage of the 
        resolution shall be taken in each House on or before the close 
        of the 15th day after the resolution is reported by the 
        committee or committees of that House to which it was referred, 
        or after such committee or committees have been discharged from 
        further consideration of the resolution.
            (C) Computation of days.--For purposes of this paragraph, 
        in computing a number of days in either House, there shall be 
        excluded any day on which that House is not in session.
        (6) Coordination with action of other house.--If prior to the 
    passage by one House of an approval resolution of that House, that 
    House receives the same approval resolution from the other House, 
    then the procedure in that House shall be the same as if no 
    approval resolution has been received from the other House, but the 
    vote on final passage shall be on the approval resolution of the 
    other House.
        (7) Floor consideration in the house of representatives.--
            (A) Motion to proceed.--A motion in the House of 
        Representatives to proceed to the consideration of an approval 
        resolution shall be highly privileged and not debatable. An 
        amendment to the motion shall not be in order, not shall it be 
        in order to move to reconsider the vote by which the motion is 
        agreed to or disagreed to.
            (B) Debate.--Debate in the House of Representatives on an 
        implementing bill or approval resolution shall be limited to 
        not more than 4 hours, which shall be divided equally between 
        those favoring and those opposing the resolution. A motion to 
        further limit debate shall not be debatable. It shall not be in 
        order to move to recommit an approval resolution or to move to 
        reconsider the vote by which an approval resolution is agreed 
        to or disagreed to.
            (C) Motion to postpone.--Motions to postpone made in the 
        House of Representatives with respect to the consideration of 
        an approval resolution and motions to proceed to the 
        consideration of other business shall be decided without 
        debate.
            (D) Appeals.--All appeals from the decisions of the Chair 
        relating to the application of the Rules of the House of 
        Representatives to the procedure relating to an approval 
        resolution shall be decided without debate.
            (E) Rules of the house of representatives.--Except to the 
        extent specifically provided in subparagraphs (A) through (D), 
        consideration of an approval resolution shall be governed by 
        the Rules of the House of Representatives applicable to other 
        resolutions in similar circumstances.
        (8) Floor consideration in the Senate.--
            (A) Motion to proceed.--A motion in the Senate to proceed 
        to the consideration of an approval resolution shall be 
        privileged and not debatable. An amendment to the motion shall 
        not be in order, nor shall it be in order to move to reconsider 
        the vote by which the motion is agreed to or disagreed to.
            (B) Debate on resolution.--Debate in the Senate on an 
        approval resolution, and appeals in connection therewith, shall 
        be limited to not more than 10 hours, which shall be equally 
        divided between, and controlled by, the Majority Leader and the 
        Minority Leader, or their designees.
            (C) Debate on motions and appeals.--Debate in the Senate on 
        any debatable motion or appeal in connection with an approval 
        resolution shall be limited to not more than 1 hour, which 
        shall be equally divided between, and controlled by, the mover 
        and the manager of the resolution, except that in the event the 
        manager of the resolution is in favor of any such motion or 
        appeal, the time in opposition thereto, shall be controlled by 
        the Minority Leader or designee. Such leaders, or either of 
        them, may, from time under their control on the passage of an 
        approval resolution, allot additional time to any Senator 
        during the consideration of any debatable motion or appeal.
            (D) Limit on debate.--A motion in the Senate to further 
        limit debate is not debatable. A motion to recommit an approval 
        resolution is not in order.
    (c) Default Standards.--
        (1) In general.--If the standards proposed under subsection 
    (a)(1)(A) are not approved pursuant to the procedures described in 
    subsection (b), then not later than 1 year after rejection by a 
    vote of either House of Congress, domestic commercial airline 
    passengers seeking to board an aircraft shall present, for 
    identification purposes--
            (A) a valid, unexpired passport;
            (B) domestically issued documents that the Secretary of 
        Homeland Security designates as reliable for identification 
        purposes;
            (C) any document issued by the Attorney General or the 
        Secretary of Homeland Security under the authority of 1 of the 
        immigration laws (as defined under section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)); or
            (D) a document issued by the country of nationality of any 
        alien not required to possess a passport for admission to the 
        United States that the Secretary designates as reliable for 
        identifications purposes
        (2) Exception.--The documentary requirements described in 
    paragraph (1)--
            (A) shall not apply to individuals below the age of 17, or 
        such other age as determined by the Secretary of Homeland 
        Security;
            (B) may be waived by the Secretary of Homeland Security in 
        the case of an unforeseen medical emergency.
    (d) Recommendation to Congress.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Homeland Security shall 
recommend to Congress--
        (1) categories of Federal facilities that the Secretary 
    determines to be at risk for terrorist attack and requiring minimum 
    identification standards for access to such facilities; and
        (2) appropriate minimum identification standards to gain access 
    to those facilities.

                   Subtitle C--National Preparedness

SEC. 7301. THE INCIDENT COMMAND SYSTEM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) The attacks on September 11, 2001, demonstrated that even 
    the most robust emergency response capabilities can be overwhelmed 
    if an attack is large enough.
        (2) Teamwork, collaboration, and cooperation at an incident 
    site are critical to a successful response to a terrorist attack.
        (3) Key decisionmakers who are represented at the incident 
    command level help to ensure an effective response, the efficient 
    use of resources, and responder safety.
        (4) The incident command system also enables emergency managers 
    and first responders to manage, generate, receive, evaluate, share, 
    and use information.
        (5) Regular joint training at all levels is essential to 
    ensuring close coordination during an actual incident.
        (6) In Homeland Security Presidential Directive 5, the 
    President directed the Secretary of Homeland Security to develop an 
    incident command system, to be known as the National Incident 
    Management System (NIMS), and directed all Federal agencies to make 
    the adoption of NIMS a condition for the receipt of Federal 
    emergency preparedness assistance by States, territories, tribes, 
    and local governments beginning in fiscal year 2005.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the United States needs to implement the recommendations of 
    the National Commission on Terrorist Attacks Upon the United States 
    by adopting a unified incident command system and significantly 
    enhancing communications connectivity between and among all levels 
    of government agencies, emergency response providers (as defined in 
    section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), and 
    other organizations with emergency response capabilities;
        (2) the unified incident command system should enable emergency 
    managers and first responders to manage, generate, receive, 
    evaluate, share, and use information in the event of a terrorist 
    attack or a significant national disaster;
        (3) emergency response agencies nationwide should adopt the 
    Incident Command System known as NIMS;
        (4) when multiple agencies or multiple jurisdictions are 
    involved, they should follow a unified command system based on 
    NIMS;
        (5) the regular use of, and training in, NIMS by States and, to 
    the extent practicable, territories, tribes, and local governments, 
    should be a condition for receiving Federal preparedness 
    assistance; and
        (6) the Secretary of Homeland Security should require, as a 
    further condition of receiving homeland security preparedness funds 
    from the Office of State and Local Government Coordination and 
    Preparedness, that grant applicants document measures taken to 
    fully and aggressively implement the Incident Command System and 
    unified command procedures.
SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID.
    (a) Definitions.--In this section:
        (1) Authorized representative of the federal government.--The 
    term ``authorized representative of the Federal Government'' means 
    any individual or individuals designated by the President with 
    respect to the executive branch, the Chief Justice with respect to 
    the Federal judiciary, or the President of the Senate and Speaker 
    of the House of Representatives with respect to Congress, or their 
    designees, to request assistance under a mutual aid agreement for 
    an emergency or public service event.
        (2) Chief operating officer.--The term ``chief operating 
    officer'' means the official designated by law to declare an 
    emergency in and for the locality of that chief operating officer.
        (3) Emergency.--The term ``emergency'' means a major disaster 
    or emergency declared by the President, or a state of emergency 
    declared by the mayor of the District of Columbia, the Governor of 
    the State of Maryland or the Commonwealth of Virginia, or the 
    declaration of a local emergency by the chief operating officer of 
    a locality, or their designees, that triggers mutual aid under the 
    terms of a mutual aid agreement.
        (4) Employee.--The term ``employee'' means the employees of the 
    party, including its agents or authorized volunteers, who are 
    committed in a mutual aid agreement to prepare for or who respond 
    to an emergency or public service event.
        (5) Locality.--The term ``locality'' means a county, city, or 
    town within the State of Maryland or the Commonwealth of Virginia 
    and within the National Capital Region.
        (6) Mutual aid agreement.--The term ``mutual aid agreement'' 
    means an agreement, authorized under subsection (b), for the 
    provision of police, fire, rescue and other public safety and 
    health or medical services to any party to the agreement during a 
    public service event, an emergency, or pre-planned training event.
        (7) National capital region or region.--The term ``National 
    Capital Region'' or ``Region'' means the area defined under section 
    2674(f)(2) of title 10, United States Code, and those counties with 
    a border abutting that area and any municipalities therein.
        (8) Party.--The term ``party'' means the State of Maryland, the 
    Commonwealth of Virginia, the District of Columbia, and any of the 
    localities duly executing a Mutual Aid Agreement under this 
    section.
        (9) Public service event.--The term ``public service event''--
            (A) means any undeclared emergency, incident or situation 
        in preparation for or response to which the mayor of the 
        District of Columbia, an authorized representative of the 
        Federal Government, the Governor of the State of Maryland, the 
        Governor of the Commonwealth of Virginia, or the chief 
        operating officer of a locality in the National Capital Region, 
        or their designees, requests or provides assistance under a 
        Mutual Aid Agreement within the National Capital Region; and
            (B) includes Presidential inaugurations, public gatherings, 
        demonstrations and protests, and law enforcement, fire, rescue, 
        emergency health and medical services, transportation, 
        communications, public works and engineering, mass care, and 
        other support that require human resources, equipment, 
        facilities or services supplemental to or greater than the 
        requesting jurisdiction can provide.
        (10) State.--The term ``State'' means the State of Maryland, 
    the Commonwealth of Virginia, and the District of Columbia.
        (11) Training.--The term ``training'' means emergency and 
    public service event-related exercises, testing, or other 
    activities using equipment and personnel to simulate performance of 
    any aspect of the giving or receiving of aid by National Capital 
    Region jurisdictions during emergencies or public service events, 
    such actions occurring outside actual emergency or public service 
    event periods.
    (b) Mutual Aid Authorized.--
        (1) In general.--The mayor of the District of Columbia, any 
    authorized representative of the Federal Government, the Governor 
    of the State of Maryland, the Governor of the Commonwealth of 
    Virginia, or the chief operating officer of a locality, or their 
    designees, acting within his or her jurisdictional purview, may, in 
    accordance with State law, enter into, request or provide 
    assistance under mutual aid agreements with localities, the 
    Washington Metropolitan Area Transit Authority, the Metropolitan 
    Washington Airports Authority, and any other governmental agency or 
    authority for--
            (A) law enforcement, fire, rescue, emergency health and 
        medical services, transportation, communications, public works 
        and engineering, mass care, and resource support in an 
        emergency or public service event;
            (B) preparing for, mitigating, managing, responding to or 
        recovering from any emergency or public service event; and
            (C) training for any of the activities described under 
        subparagraphs (A) and (B).
        (2) Facilitating localities.--The State of Maryland and the 
    Commonwealth of Virginia are encouraged to facilitate the ability 
    of localities to enter into interstate mutual aid agreements in the 
    National Capital Region under this section.
        (3) Application and effect.--This section--
            (A) does not apply to law enforcement security operations 
        at special events of national significance under section 
        3056(e) of title 18, United States Code, or other law 
        enforcement functions of the United States Secret Service;
            (B) does not diminish any authorities, express or implied, 
        of Federal agencies to enter into mutual aid agreements in 
        furtherance of their Federal missions; and
            (C) does not--
                (i) preclude any party from entering into supplementary 
            Mutual Aid Agreements with fewer than all the parties, or 
            with another party; or
                (ii) affect any other agreement in effect before the 
            date of enactment of this Act among the States and 
            localities, including the Emergency Management Assistance 
            Compact.
        (4) Rights described.--Other than as described in this section, 
    the rights and responsibilities of the parties to a mutual aid 
    agreement entered into under this section shall be as described in 
    the mutual aid agreement.
    (c) District of Columbia.--
        (1) In general.--The District of Columbia may purchase 
    liability and indemnification insurance or become self insured 
    against claims arising under a mutual aid agreement authorized 
    under this section.
        (2) Authorization of appropriations.--There are authorized to 
    be appropriated such sums as may be necessary to carry out 
    paragraph (1).
    (d) Liability and Actions at Law.--
        (1) In general.--Any responding party or its officers or 
    employees rendering aid or failing to render aid to the District of 
    Columbia, the Federal Government, the State of Maryland, the 
    Commonwealth of Virginia, or a locality, under a mutual aid 
    agreement authorized under this section, and any party or its 
    officers or employees engaged in training activities with another 
    party under such a mutual aid agreement, shall be liable on account 
    of any act or omission of its officers or employees while so 
    engaged or on account of the maintenance or use of any related 
    equipment, facilities, or supplies, but only to the extent 
    permitted under the laws and procedures of the State of the party 
    rendering aid.
        (2) Actions.--Any action brought against a party or its 
    officers or employees on account of an act or omission in the 
    rendering of aid to the District of Columbia, the Federal 
    Government, the State of Maryland, the Commonwealth of Virginia, or 
    a locality, or failure to render such aid or on account of the 
    maintenance or use of any related equipment, facilities, or 
    supplies may be brought only under the laws and procedures of the 
    State of the party rendering aid and only in the Federal or State 
    courts located therein. Actions against the United States under 
    this section may be brought only in Federal courts.
        (3) Immunities.--This section shall not abrogate any other 
    immunities from liability that any party has under any other 
    Federal or State law.
    (e) Workers Compensation.--
        (1) Compensation.--Each party shall provide for the payment of 
    compensation and death benefits to injured members of the emergency 
    forces of that party and representatives of deceased members of 
    such forces if such members sustain injuries or are killed while 
    rendering aid to the District of Columbia, the Federal Government, 
    the State of Maryland, the Commonwealth of Virginia, or a locality, 
    under a mutual aid agreement, or engaged in training activities 
    under a mutual aid agreement, in the same manner and on the same 
    terms as if the injury or death were sustained within their own 
    jurisdiction.
        (2) Other state law.--No party shall be liable under the law of 
    any State other than its own for providing for the payment of 
    compensation and death benefits to injured members of the emergency 
    forces of that party and representatives of deceased members of 
    such forces if such members sustain injuries or are killed while 
    rendering aid to the District of Columbia, the Federal Government, 
    the State of Maryland, the Commonwealth of Virginia, or a locality, 
    under a mutual aid agreement or engaged in training activities 
    under a mutual aid agreement.
    (f) Licenses and Permits.--If any person holds a license, 
certificate, or other permit issued by any responding party evidencing 
the meeting of qualifications for professional, mechanical, or other 
skills and assistance is requested by a receiving jurisdiction, such 
person will be deemed licensed, certified, or permitted by the 
receiving jurisdiction to render aid involving such skill to meet a 
public service event, emergency or training for any such events.
SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS 
INTEROPERABILITY.
    (a) Coordination of Public Safety Interoperable Communications 
Programs.--
        (1) Program.--The Secretary of Homeland Security, in 
    consultation with the Secretary of Commerce and the Chairman of the 
    Federal Communications Commission, shall establish a program to 
    enhance public safety interoperable communications at all levels of 
    government. Such program shall--
            (A) establish a comprehensive national approach to 
        achieving public safety interoperable communications;
            (B) coordinate with other Federal agencies in carrying out 
        subparagraph (A);
            (C) develop, in consultation with other appropriate Federal 
        agencies and State and local authorities, appropriate minimum 
        capabilities for communications interoperability for Federal, 
        State, and local public safety agencies;
            (D) accelerate, in consultation with other Federal 
        agencies, including the National Institute of Standards and 
        Technology, the private sector, and nationally recognized 
        standards organizations as appropriate, the development of 
        national voluntary consensus standards for public safety 
        interoperable communications, recognizing--
                (i) the value, life cycle, and technical capabilities 
            of existing communications infrastructure;
                (ii) the need for cross-border interoperability between 
            States and nations;
                (iii) the unique needs of small, rural communities; and
                (iv) the interoperability needs for daily operations 
            and catastrophic events;
            (E) encourage the development and implementation of 
        flexible and open architectures incorporating, where possible, 
        technologies that currently are commercially available, with 
        appropriate levels of security, for short-term and long-term 
        solutions to public safety communications interoperability;
            (F) assist other Federal agencies in identifying priorities 
        for research, development, and testing and evaluation with 
        regard to public safety interoperable communications;
            (G) identify priorities within the Department of Homeland 
        Security for research, development, and testing and evaluation 
        with regard to public safety interoperable communications;
            (H) establish coordinated guidance for Federal grant 
        programs for public safety interoperable communications;
            (I) provide technical assistance to State and local public 
        safety agencies regarding planning, acquisition strategies, 
        interoperability architectures, training, and other functions 
        necessary to achieve public safety communications 
        interoperability;
            (J) develop and disseminate best practices to improve 
        public safety communications interoperability; and
            (K) develop appropriate performance measures and milestones 
        to systematically measure the Nation's progress toward 
        achieving public safety communications interoperability, 
        including the development of national voluntary consensus 
        standards.
        (2) Office for interoperability and compatibility.--
            (A) Establishment of office.--The Secretary may establish 
        an Office for Interoperability and Compatibility within the 
        Directorate of Science and Technology to carry out this 
        subsection.
            (B) Functions.--If the Secretary establishes such office, 
        the Secretary shall, through such office--
                (i) carry out Department of Homeland Security 
            responsibilities and authorities relating to the SAFECOM 
            Program; and
                (ii) carry out section 510 of the Homeland Security Act 
            of 2002, as added by subsection (d).
        (3) Authorization of appropriations.--There are authorized to 
    be appropriated to the Secretary to carry out this subsection--
            (A) $22,105,000 for fiscal year 2005;
            (B) $22,768,000 for fiscal year 2006;
            (C) $23,451,000 for fiscal year 2007;
            (D) $24,155,000 for fiscal year 2008; and
            (E) $24,879,000 for fiscal year 2009.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the Secretary shall report to the Congress on Department of 
Homeland Security plans for accelerating the development of national 
voluntary consensus standards for public safety interoperable 
communications, a schedule of milestones for such development, and 
achievements of such development.
    (c) International Interoperability.--Not later than 18 months after 
the date of enactment of this Act, the President shall establish a 
mechanism for coordinating cross-border interoperability issues 
between--
        (1) the United States and Canada; and
        (2) the United States and Mexico.
    (d) High Risk Area Communications Capabilities.--Title V of the 
Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by 
adding at the end the following:

``SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.

    ``(a) In General.--The Secretary, in consultation with the Federal 
Communications Commission and the Secretary of Defense, and with 
appropriate governors, mayors, and other State and local government 
officials, shall provide technical guidance, training, and other 
assistance, as appropriate, to support the rapid establishment of 
consistent, secure, and effective interoperable communications 
capabilities in the event of an emergency in urban and other areas 
determined by the Secretary to be at consistently high levels of risk 
from terrorist attack.
    ``(b) Minimum Capabilities.--The interoperable communications 
capabilities established under subsection (a) shall ensure the ability 
of all levels of government agencies, emergency response providers (as 
defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)), and other organizations with emergency response capabilities--
        ``(1) to communicate with each other in the event of an 
    emergency; and
        ``(2) to have appropriate and timely access to the Information 
    Sharing Environment described in section 1016 of the National 
    Security Intelligence Reform Act of 2004.''.
    (e) Multiyear Interoperability Grants.--
        (1) Multiyear commitments.--In awarding grants to any State, 
    region, local government, or Indian tribe for the purposes of 
    enhancing interoperable communications capabilities for emergency 
    response providers, the Secretary may commit to obligate Federal 
    assistance beyond the current fiscal year, subject to the 
    limitations and restrictions in this subsection.
        (2) Restrictions.--
            (A) Time limit.--No multiyear interoperability commitment 
        may exceed 3 years in duration.
            (B) Amount of committed funds.--The total amount of 
        assistance the Secretary has committed to obligate for any 
        future fiscal year under paragraph (1) may not exceed 
        $150,000,000.
        (3) Letters of intent.--
            (A) Issuance.--Pursuant to paragraph (1), the Secretary may 
        issue a letter of intent to an applicant committing to obligate 
        from future budget authority an amount, not more than the 
        Federal Government's share of the project's cost, for an 
        interoperability communications project (including interest 
        costs and costs of formulating the project).
            (B) Schedule.--A letter of intent under this paragraph 
        shall establish a schedule under which the Secretary will 
        reimburse the applicant for the Federal Government's share of 
        the project's costs, as amounts become available, if the 
        applicant, after the Secretary issues the letter, carries out 
        the project before receiving amounts under a grant issued by 
        the Secretary.
            (C) Notice to secretary.--An applicant that is issued a 
        letter of intent under this subsection shall notify the 
        Secretary of the applicant's intent to carry out a project 
        pursuant to the letter before the project begins.
            (D) Notice to congress.--The Secretary shall transmit a 
        written notification to the Congress no later than 3 days 
        before the issuance of a letter of intent under this section.
            (E) Limitations.--A letter of intent issued under this 
        section is not an obligation of the Government under section 
        1501 of title 31, United States Code, and is not deemed to be 
        an administrative commitment for financing. An obligation or 
        administrative commitment may be made only as amounts are 
        provided in authorization and appropriations laws.
            (F) Statutory construction.--Nothing in this subsection 
        shall be construed--
                (i) to prohibit the obligation of amounts pursuant to a 
            letter of intent under this subsection in the same fiscal 
            year as the letter of intent is issued; or
                (ii) to apply to, or replace, Federal assistance 
            intended for interoperable communications that is not 
            provided pursuant to a commitment under this subsection.
    (f) Interoperable Communications Plans.--Any applicant requesting 
funding assistance from the Secretary for interoperable communications 
for emergency response providers shall submit an Interoperable 
Communications Plan to the Secretary for approval. Such a plan shall--
        (1) describe the current state of communications 
    interoperability in the applicable jurisdictions among Federal, 
    State, and local emergency response providers and other relevant 
    private resources;
        (2) describe the available and planned use of public safety 
    frequency spectrum and resources for interoperable communications 
    within such jurisdictions;
        (3) describe how the planned use of spectrum and resources for 
    interoperable communications is compatible with surrounding 
    capabilities and interoperable communications plans of Federal, 
    State, and local governmental entities, military installations, 
    foreign governments, critical infrastructure, and other relevant 
    entities;
        (4) include a 5-year plan for the dedication of Federal, State, 
    and local government and private resources to achieve a consistent, 
    secure, and effective interoperable communications system, 
    including planning, system design and engineering, testing and 
    technology development, procurement and installation, training, and 
    operations and maintenance; and
        (5) describe how such 5-year plan meets or exceeds any 
    applicable standards and grant requirements established by the 
    Secretary.
    (g) Definitions.--In this section:
        (1) Interoperable communications.--The term ``interoperable 
    communications'' means the ability of emergency response providers 
    and relevant Federal, State, and local government agencies to 
    communicate with each other as necessary, through a dedicated 
    public safety network utilizing information technology systems and 
    radio communications systems, and to exchange voice, data, or video 
    with one another on demand, in real time, as necessary.
        (2) Emergency response providers.--The term ``emergency 
    response providers'' has the meaning that term has under section 2 
    of the Homeland Security Act of 2002 (6 U.S.C. 101).
    (h) Clarification of Responsibility for Interoperable 
Communications.--
        (1) Under secretary for emergency preparedness and response.--
    Section 502(7) of the Homeland Security Act of 2002 (6 U.S.C. 
    312(7)) is amended--
            (A) by striking ``developing comprehensive programs for 
        developing interoperative communications technology, and''; and
            (B) by striking ``such'' and inserting ``interoperable 
        communications''.
        (2) Office for domestic preparedness.--Section 430(c) of such 
    Act (6 U.S.C. 238(c)) is amended--
            (A) in paragraph (7) by striking ``and'' after the 
        semicolon;
            (B) in paragraph (8) by striking the period and inserting 
        ``; and''; and
            (C) by adding at the end the following:
        ``(9) helping to ensure the acquisition of interoperable 
    communication technology by State and local governments and 
    emergency response providers.''.
    (i) Sense of Congress Regarding Interoperable Communications.--
        (1) Finding.--The Congress finds that--
            (A) many first responders working in the same jurisdiction 
        or in different jurisdictions cannot effectively and 
        efficiently communicate with one another; and
            (B) their inability to do so threatens the public's safety 
        and may result in unnecessary loss of lives and property.
        (2) Sense of congress.--It is the sense of Congress that 
    interoperable emergency communications systems and radios should 
    continue to be deployed as soon as practicable for use by the first 
    responder community, and that upgraded and new digital 
    communications systems and new digital radios must meet prevailing 
    national, voluntary consensus standards for interoperability.
SEC. 7304. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
    (a) Pilot Projects.--Consistent with sections 302 and 430 of the 
Homeland Security Act of 2002 (6 U.S.C. 182, 238), not later than 90 
days after the date of enactment of this Act, the Secretary of Homeland 
Security shall establish not fewer than 2 pilot projects in high threat 
urban areas or regions that are likely to implement a national model 
strategic plan.
    (b) Purposes.--The purposes of the pilot projects required by this 
section shall be to develop a regional strategic plan to foster 
interagency communication in the area in which it is established and 
coordinate the gathering of all Federal, State, and local first 
responders in that area, consistent with the national strategic plan 
developed by the Department of Homeland Security.
    (c) Selection Criteria.--In selecting urban areas for the location 
of pilot projects under this section, the Secretary shall consider--
        (1) the level of risk to the area, as determined by the 
    Department of Homeland Security;
        (2) the number of Federal, State, and local law enforcement 
    agencies located in the area;
        (3) the number of potential victims from a large scale 
    terrorist attack in the area; and
        (4) such other criteria reflecting a community's risk and 
    vulnerability as the Secretary determines is appropriate.
    (d) Interagency Assistance.--The Secretary of Homeland Security 
shall consult with the Secretary of Defense as necessary for the 
development of the pilot projects required by this section, including 
examining relevant standards, equipment, and protocols in order to 
improve interagency communication among first responders.
    (e) Reports to Congress.--The Secretary of Homeland Security shall 
submit to Congress--
        (1) an interim report regarding the progress of the interagency 
    communications pilot projects required by this section 6 months 
    after the date of enactment of this Act; and
        (2) a final report 18 months after that date of enactment.
    (f) Funding.--There are authorized to be made available to the 
Secretary of Homeland Security, such sums as may be necessary to carry 
out this section.

SEC. 7305. PRIVATE SECTOR PREPAREDNESS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
        (1) Private sector organizations own 85 percent of the Nation's 
    critical infrastructure and employ the vast majority of the 
    Nation's workers.
        (2) Preparedness in the private sector and public sector for 
    rescue, restart and recovery of operations should include, as 
    appropriate--
            (A) a plan for evacuation;
            (B) adequate communications capabilities; and
            (C) a plan for continuity of operations.
        (3) The American National Standards Institute recommends a 
    voluntary national preparedness standard for the private sector 
    based on the existing American National Standard on Disaster/
    Emergency Management and Business Continuity Programs (NFPA 1600), 
    with appropriate modifications. This standard establishes a common 
    set of criteria and terminology for preparedness, disaster 
    management, emergency management, and business continuity programs.
        (4) The mandate of the Department of Homeland Security extends 
    to working with the private sector, as well as government entities.
    (b) Sense of Congress on Private Sector Preparedness.--It is the 
sense of Congress that the Secretary of Homeland Security should 
promote, where appropriate, the adoption of voluntary national 
preparedness standards such as the private sector preparedness standard 
developed by the American National Standards Institute and based on the 
National Fire Protection Association 1600 Standard on Disaster/
Emergency Management and Business Continuity Programs.
SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
    (a) Findings.--Congress makes the following findings:
        (1) Under section 201 of the Homeland Security Act of 2002 (6 
    U.S.C 121), the Department of Homeland Security, through the Under 
    Secretary for Information Analysis and Infrastructure Protection, 
    has the responsibility--
            (A) to carry out comprehensive assessments of the 
        vulnerabilities of the key resources and critical 
        infrastructure of the United States, including the performance 
        of risk assessments to determine the risks posed by particular 
        types of terrorist attacks within the United States;
            (B) to identify priorities for protective and supportive 
        measures; and
            (C) to develop a comprehensive national plan for securing 
        the key resources and critical infrastructure of the United 
        States.
        (2) Under Homeland Security Presidential Directive 7, issued on 
    December 17, 2003, the Secretary of Homeland Security was given 1 
    year to develop a comprehensive plan to identify, prioritize, and 
    coordinate the protection of critical infrastructure and key 
    resources.
        (3) The report of the National Commission on Terrorist Attacks 
    Upon the United States recommended that the Secretary of Homeland 
    Security should--
            (A) identify those elements of the United States' 
        transportation, energy, communications, financial, and other 
        institutions that need to be protected;
            (B) develop plans to protect that infrastructure; and
            (C) exercise mechanisms to enhance preparedness.
    (b) Reports on Risk Assessment and Readiness.--Not later than 180 
days after the date of enactment of this Act, and in conjunction with 
the reporting requirements of Public Law 108-330, the Secretary of 
Homeland Security shall submit a report to Congress on--
        (1) the Department of Homeland Security's progress in 
    completing vulnerability and risk assessments of the Nation's 
    critical infrastructure;
        (2) the adequacy of the Government's plans to protect such 
    infrastructure; and
        (3) the readiness of the Government to respond to threats 
    against the United States.
SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND.
    It is the sense of Congress that the Secretary of Defense should 
regularly assess the adequacy of the plans and strategies of the United 
States Northern Command with a view to ensuring that the United States 
Northern Command is prepared to respond effectively to all military and 
paramilitary threats within the United States, should it be called upon 
to do so by the President.

SEC. 7308. EFFECTIVE DATE.

    Notwithstanding any other provision of this Act, this subtitle 
shall take effect on the date of enactment of this Act.

                     Subtitle D--Homeland Security

SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
    It is the sense of Congress that Congress must pass legislation in 
the first session of the 109th Congress to reform the system for 
distributing grants to enhance State and local government prevention 
of, preparedness for, and response to acts of terrorism.
SEC. 7402. COORDINATION OF INDUSTRY EFFORTS.
    Section 102(f) of the Homeland Security Act of 2002 (Public Law 
107-296; 6 U.S.C. 112(f)) is amended--
        (1) in paragraph (6), by striking ``and'' at the end;
        (2) in paragraph (7), by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following:
        ``(8) coordinating industry efforts, with respect to functions 
    of the Department of Homeland Security, to identify private sector 
    resources and capabilities that could be effective in supplementing 
    Federal, State, and local government agency efforts to prevent or 
    respond to a terrorist attack;
        ``(9) coordinating with the Directorate of Border and 
    Transportation Security and the Assistant Secretary for Trade 
    Development of the Department of Commerce on issues related to the 
    travel and tourism industries; and
        ``(10) consulting with the Office of State and Local Government 
    Coordination and Preparedness on all matters of concern to the 
    private sector, including the tourism industry.''.
SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.
    (a) Study.--The Secretary of Homeland Security, in coordination 
with the Chairman of the Federal Communications Commission, and in 
consultation with the heads of other appropriate Federal agencies and 
representatives of providers and participants in the telecommunications 
industry, shall conduct a study to determine whether it is cost-
effective, efficient, and feasible to establish and implement an 
emergency telephonic alert notification system that will--
        (1) alert persons in the United States of imminent or current 
    hazardous events caused by acts of terrorism; and
        (2) provide information to individuals regarding appropriate 
    measures that may be undertaken to alleviate or minimize threats to 
    their safety and welfare posed by such events.
    (b) Technologies To Consider.--In conducting the study, the 
Secretary shall consider the use of the telephone, wireless 
communications, and other existing communications networks to provide 
such notification.
    (c) Report.--Not later than 9 months after the date of enactment of 
this Act, the Secretary shall submit to Congress a report regarding the 
conclusions of the study.
SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL 
AGE.
    (a) Pilot Study.--The Secretary of Homeland Security, from funds 
made available for improving the national system to notify the general 
public in the event of a terrorist attack, and in consultation with the 
Attorney General, the Secretary of Transportation, the heads of other 
appropriate Federal agencies, the National Association of State Chief 
Information Officers, and other stakeholders with respect to public 
warning systems, shall conduct a pilot study under which the Secretary 
of Homeland Security may issue public warnings regarding threats to 
homeland security using a warning system that is similar to the AMBER 
Alert communications network.
    (b) Report.--Not later than 9 months after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to Congress a 
report regarding the findings, conclusions, and recommendations of the 
pilot study.
    (c) Prohibition on Use of Highway Trust Fund.--No funds derived 
from the Highway Trust Fund may be transferred to, made available to, 
or obligated by the Secretary of Homeland Security to carry out this 
section.

SEC. 7405. REQUIRED COORDINATION.

    The Secretary of Homeland Security shall ensure that there is 
effective and ongoing coordination of Federal efforts to prevent, 
prepare for, and respond to acts of terrorism and other major disasters 
and emergencies among the divisions of the Department of Homeland 
Security, including the Directorate of Emergency Preparedness and 
Response and the Office for State and Local Government Coordination and 
Preparedness.

SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.

    Section 611(h) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196(h)) is amended--
        (1) by redesignating paragraphs (1), (2), and (3) as paragraphs 
    (2), (3), and (4), respectively;
        (2) by indenting paragraph (2) (as so redesignated); and
        (3) by striking the subsection designation and heading and 
    inserting the following:
    ``(h) Emergency Preparedness Compacts.--(1) The Director shall 
establish a program supporting the development of emergency 
preparedness compacts for acts of terrorism, disasters, and emergencies 
throughout the Nation, by--
        ``(A) identifying and cataloging existing emergency 
    preparedness compacts for acts of terrorism, disasters, and 
    emergencies at the State and local levels of government;
        ``(B) disseminating to State and local governments examples of 
    best practices in the development of emergency preparedness 
    compacts and models of existing emergency preparedness compacts, 
    including agreements involving interstate jurisdictions; and
        ``(C) completing an inventory of Federal response capabilities 
    for acts of terrorism, disasters, and emergencies, making such 
    inventory available to appropriate Federal, State, and local 
    government officials, and ensuring that such inventory is as 
    current and accurate as practicable.''.
SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
    (a) Amendment.--Section 878 of the Homeland Security Act of 2002 (6 
U.S.C. 458) is amended to read as follows:

``SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.

    ``(a) Office.--There is established in the Department an Office of 
Counternarcotics Enforcement, which shall be headed by a Director 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(b) Assignment of Personnel.--
        ``(1) In general.--The Secretary shall assign permanent staff 
    to the Office, consistent with effective management of Department 
    resources.
        ``(2) Liaisons.--The Secretary shall designate senior employees 
    from each appropriate subdivision of the Department that has 
    significant counternarcotics responsibilities to act as a liaison 
    between that subdivision and the Office of Counternarcotics 
    Enforcement.
    ``(c) Limitation on Concurrent Employment.--Except as provided in 
subsection (d), the Director of the Office of Counternarcotics 
Enforcement shall not be employed by, assigned to, or serve as the head 
of, any other branch of the Federal Government, any State or local 
government, or any subdivision of the Department other than the Office 
of Counternarcotics Enforcement.
    ``(d) Eligibility To Serve as the United States Interdiction 
Coordinator.--The Director of the Office of Counternarcotics 
Enforcement may be appointed as the United States Interdiction 
Coordinator by the Director of the Office of National Drug Control 
Policy, and shall be the only person at the Department eligible to be 
so appointed.
    ``(e) Responsibilities.--The Secretary shall direct the Director of 
the Office of Counternarcotics Enforcement--
        ``(1) to coordinate policy and operations within the 
    Department, between the Department and other Federal departments 
    and agencies, and between the Department and State and local 
    agencies with respect to stopping the entry of illegal drugs into 
    the United States;
        ``(2) to ensure the adequacy of resources within the Department 
    for stopping the entry of illegal drugs into the United States;
        ``(3) to recommend the appropriate financial and personnel 
    resources necessary to help the Department better fulfill its 
    responsibility to stop the entry of illegal drugs into the United 
    States;
        ``(4) within the Joint Terrorism Task Force construct to track 
    and sever connections between illegal drug trafficking and 
    terrorism; and
        ``(5) to be a representative of the Department on all task 
    forces, committees, or other entities whose purpose is to 
    coordinate the counternarcotics enforcement activities of the 
    Department and other Federal, State or local agencies.
    ``(f) Savings Clause.--Nothing in this section shall be construed 
to authorize direct control of the operations conducted by the 
Directorate of Border and Transportation Security, the Coast Guard, or 
joint terrorism task forces.
    ``(g) Reports to Congress.--
        ``(1) Annual budget review.--The Director of the Office of 
    Counternarcotics Enforcement shall, not later than 30 days after 
    the submission by the President to Congress of any request for 
    expenditures for the Department, submit to the Committees on 
    Appropriations and the authorizing committees of jurisdiction of 
    the House of Representatives and the Senate a review and evaluation 
    of such request. The review and evaluation shall--
            ``(A) identify any request or subpart of any request that 
        affects or may affect the counternarcotics activities of the 
        Department or any of its subdivisions, or that affects the 
        ability of the Department or any subdivision of the Department 
        to meet its responsibility to stop the entry of illegal drugs 
        into the United States;
            ``(B) describe with particularity how such requested funds 
        would be or could be expended in furtherance of 
        counternarcotics activities; and
            ``(C) compare such requests with requests for expenditures 
        and amounts appropriated by Congress in the previous fiscal 
        year.
        ``(2) Evaluation of counternarcotics activities.--The Director 
    of the Office of Counternarcotics Enforcement shall, not later than 
    February 1 of each year, submit to the Committees on Appropriations 
    and the authorizing committees of jurisdiction of the House of 
    Representatives and the Senate a review and evaluation of the 
    counternarcotics activities of the Department for the previous 
    fiscal year. The review and evaluation shall--
            ``(A) describe the counternarcotics activities of the 
        Department and each subdivision of the Department (whether 
        individually or in cooperation with other subdivisions of the 
        Department, or in cooperation with other branches of the 
        Federal Government or with State or local agencies), including 
        the methods, procedures, and systems (including computer 
        systems) for collecting, analyzing, sharing, and disseminating 
        information concerning narcotics activity within the Department 
        and between the Department and other Federal, State, and local 
        agencies;
            ``(B) describe the results of those activities, using 
        quantifiable data whenever possible;
            ``(C) state whether those activities were sufficient to 
        meet the responsibility of the Department to stop the entry of 
        illegal drugs into the United States, including a description 
        of the performance measures of effectiveness that were used in 
        making that determination; and
            ``(D) recommend, where appropriate, changes to those 
        activities to improve the performance of the Department in 
        meeting its responsibility to stop the entry of illegal drugs 
        into the United States.
        ``(3) Classified or law enforcement sensitive information.--Any 
    content of a review and evaluation described in the reports 
    required in this subsection that involves information classified 
    under criteria established by an Executive order, or whose public 
    disclosure, as determined by the Secretary, would be detrimental to 
    the law enforcement or national security activities of the 
    Department or any other Federal, State, or local agency, shall be 
    presented to Congress separately from the rest of the review and 
    evaluation.''.
    (b) Conforming Amendments.--Section 103(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 113(a)) is amended--
        (1) by redesignating paragraphs (8) and (9) as paragraphs (9) 
    and (10), respectively; and
        (2) by inserting after paragraph (7) the following:
        ``(8) A Director of the Office of Counternarcotics 
    Enforcement.''.
    (c) Authorization of Appropriations.--Of the amounts appropriated 
for the Department of Homeland Security for Departmental management and 
operations for fiscal year 2005, there is authorized up to $6,000,000 
to carry out section 878 of the Department of Homeland Security Act of 
2002.
SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN 
EMPLOYEE PERFORMANCE APPRAISALS.
    (a) In General.--Subtitle E of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the 
following:

``SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN 
              EMPLOYEE PERFORMANCE APPRAISALS.

    ``(a) In General.--Each subdivision of the Department that is a 
National Drug Control Program Agency shall include as one of the 
criteria in its performance appraisal system, for each employee 
directly or indirectly involved in the enforcement of Federal, State, 
or local narcotics laws, the performance of that employee with respect 
to the enforcement of Federal, State, or local narcotics laws, relying 
to the greatest extent practicable on objective performance measures, 
including--
        ``(1) the contribution of that employee to seizures of 
    narcotics and arrests of violators of Federal, State, or local 
    narcotics laws; and
        ``(2) the degree to which that employee cooperated with or 
    contributed to the efforts of other employees, either within the 
    Department or other Federal, State, or local agencies, in 
    counternarcotics enforcement.
    ``(b) Definitions.--For purposes of this section--
        ``(1) the term `National Drug Control Program Agency' means--
            ``(A) a National Drug Control Program Agency, as defined in 
        section 702(7) of the Office of National Drug Control Policy 
        Reauthorization Act of 1998 (as last in effect); and
            ``(B) any subdivision of the Department that has a 
        significant counternarcotics responsibility, as determined by--
                ``(i) the counternarcotics officer, appointed under 
            section 878; or
                ``(ii) if applicable, the counternarcotics officer's 
            successor in function (as determined by the Secretary); and
        ``(2) the term `performance appraisal system' means a system 
    under which periodic appraisals of job performance of employees are 
    made, whether under chapter 43 of title 5, United States Code, or 
    otherwise.''.
    (b) Clerical Amendment.--The table of contents for the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 842 the following:

``Sec. 843. Use of counternarcotics enforcement activities in certain 
          employee performance appraisals.''.

                   Subtitle E--Public Safety Spectrum

SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
    (a) Findings.--Congress finds the following:
        (1) Congress granted television broadcasters additional 6 
    megahertz blocks of spectrum to transmit digital broadcasts 
    simultaneously with the analog broadcasts they submit on their 
    original 6 megahertz blocks of spectrum.
        (2) Section 309(j)(14) of the Communications Act of 1934 (47 
    U.S.C. 309(j)(14)) requires each television broadcaster to cease 
    analog transmissions and return 6 megahertz of spectrum not later 
    than--
            (A) December 31, 2006; or
            (B) the date on which more than 85 percent of the 
        television households in the market of such broadcaster can 
        view digital broadcast television channels using a digital 
        television, a digital-to-analog converter box, cable service, 
        or satellite service.
        (3) Twenty-four megahertz of spectrum occupied by television 
    broadcasters has been earmarked for use by first responders as soon 
    as the television broadcasters return the spectrum broadcasters 
    being used to provide analog transmissions. This spectrum would be 
    ideal to provide first responders with interoperable communications 
    channels.
        (4) Large parts of the vacated spectrum could be auctioned for 
    advanced commercial services, such as wireless broadband.
        (5) The 85 percent penetration test described in paragraph 
    (2)(B) could delay the termination of analog television broadcasts 
    and the return of spectrum well beyond 2007, hindering the use of 
    that spectrum for these important public safety and advanced 
    commercial uses.
        (6) While proposals to require broadcasters to return, on a 
    date certain, the spectrum earmarked for future public safety use 
    may improve the ability of public safety entities to begin planning 
    for use of this spectrum, such proposals have certain deficiencies. 
    The proposals would require the dislocation of up to 75 broadcast 
    stations, which also serve a critical public safety function by 
    broadcasting weather, traffic, disaster, and other safety alerts. 
    Such disparate treatment of broadcasters would be unfair to the 
    broadcasters and their respective viewers. Requiring the return of 
    all analog broadcast spectrum by a date certain would have the 
    benefit of addressing the digital television transition in a 
    comprehensive fashion that treats all broadcasters and viewers 
    equally, while freeing spectrum for advanced commercial services.
        (7) The Federal Communications Commission should consider all 
    regulatory means available to expedite the return of the analog 
    spectrum.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) Congress must act to pass legislation in the first session 
    of the 109th Congress that establishes a comprehensive approach to 
    the timely return of analog broadcast spectrum as early as December 
    31, 2006; and
        (2) any delay in the adoption of the legislation described in 
    paragraph (1) will delay the ability of public safety entities to 
    begin planning to use this needed spectrum.
SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND REQUIREMENTS.
    (a) Allocations of Spectrum for Emergency Response Providers.--The 
Federal Communications Commission shall, in consultation with the 
Secretary of Homeland Security and the National Telecommunications and 
Information Administration, conduct a study to assess short-term and 
long-term needs for allocations of additional portions of the 
electromagnetic spectrum for Federal, State, and local emergency 
response providers, including whether or not an additional allocation 
of spectrum in the 700 megahertz band should be granted by Congress to 
such emergency response providers.
    (b) Strategies To Meet Public Safety Telecommunications 
Requirements.--The Secretary of Homeland Security shall, in 
consultation with the Federal Communications Commission and the 
National Telecommunications and Information Administration, conduct a 
study to assess strategies that may be used to meet public safety 
telecommunications needs, including--
        (1) the need and efficacy of deploying nationwide interoperable 
    communications networks (including the potential technical and 
    operational standards and protocols for nationwide interoperable 
    broadband mobile communications networks that may be used by 
    Federal, State, regional, and local governmental and 
    nongovernmental public safety, homeland security, and other 
    emergency response personnel);
        (2) the capacity of public safety entities to utilize wireless 
    broadband applications; and
        (3) the communications capabilities of all emergency response 
    providers, including hospitals and health care workers, and current 
    efforts to promote communications coordination and training among 
    emergency response providers.
    (c) Study Requirements.--In conducting the studies required by 
subsections (a) and (b), the Secretary of Homeland Security and the 
Federal Communications Commission shall--
        (1) seek input from Federal, State, local, and regional 
    emergency response providers regarding the operation and 
    administration of a potential nationwide interoperable broadband 
    mobile communications network; and
        (2) consider the use of commercial wireless technologies to the 
    greatest extent practicable.
    (d) Reports.--(1) Not later than one year after the date of 
enactment of this Act, the Federal Communications Commission (in the 
case of the study required by subsection (a)) and the Secretary of 
Homeland Security (in the case of the study required by subsection (b)) 
shall submit to the appropriate committees of Congress a report on such 
study, including the findings of such study.
    (2) In this subsection, the term ``appropriate committees of 
Congress'' means--
        (A) the Committee on Commerce, Science, and Transportation and 
    the Committee on Homeland Security and Governmental Affairs of the 
    Senate; and
        (B) the Committee on Energy and Commerce and the Select 
    Committee on Homeland Security of the House of Representatives.

                  Subtitle F--Presidential Transition

SEC. 7601. PRESIDENTIAL TRANSITION.

    (a) Services Provided President-Elect.--Section 3 of the 
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended--
        (1) by adding after subsection (a)(8)(A)(iv) the following:
                ``(v) Activities under this paragraph shall include the 
            preparation of a detailed classified, compartmented summary 
            by the relevant outgoing executive branch officials of 
            specific operational threats to national security; major 
            military or covert operations; and pending decisions on 
            possible uses of military force. This summary shall be 
            provided to the President-elect as soon as possible after 
            the date of the general elections held to determine the 
            electors of President and Vice President under section 1 or 
            2 of title 3, United States Code.'';
        (2) by redesignating subsection (f) as subsection (g); and
        (3) by adding after subsection (e) the following:
    ``(f)(1) The President-elect should submit to the Federal Bureau of 
Investigation or other appropriate agency and then, upon taking effect 
and designation, to the agency designated by the President under 
section 115(b) of the National Intelligence Reform Act of 2004, the 
names of candidates for high level national security positions through 
the level of undersecretary of cabinet departments as soon as possible 
after the date of the general elections held to determine the electors 
of President and Vice President under section 1 or 2 of title 3, United 
States Code.
    ``(2) The responsible agency or agencies shall undertake and 
complete as expeditiously as possible the background investigations 
necessary to provide appropriate security clearances to the individuals 
who are candidates described under paragraph (1) before the date of the 
inauguration of the President-elect as President and the inauguration 
of the Vice-President-elect as Vice President.''.
    (b) Sense of the Senate Regarding Expedited Consideration of 
National Security Nominees.--It is the sense of the Senate that--
        (1) the President-elect should submit the nominations of 
    candidates for high-level national security positions, through the 
    level of undersecretary of cabinet departments, to the Senate by 
    the date of the inauguration of the President-elect as President; 
    and
        (2) for all such national security nominees received by the 
    date of inauguration, the Senate committees to which these 
    nominations are referred should, to the fullest extent possible, 
    complete their consideration of these nominations, and, if such 
    nominations are reported by the committees, the full Senate should 
    vote to confirm or reject these nominations, within 30 days of 
    their submission.
    (c) Security Clearances for Transition Team Members.--
        (1) Definition.--In this section, the term ``major party'' 
    shall have the meaning given under section 9002(6) of the Internal 
    Revenue Code of 1986.
        (2) In general.--Each major party candidate for President may 
    submit, before the date of the general election, requests for 
    security clearances for prospective transition team members who 
    will have a need for access to classified information to carry out 
    their responsibilities as members of the President-elect's 
    transition team.
        (3) Completion date.--Necessary background investigations and 
    eligibility determinations to permit appropriate prospective 
    transition team members to have access to classified information 
    shall be completed, to the fullest extent practicable, by the day 
    after the date of the general election.
    (d) Effective Date.--Notwithstanding section 351, this section and 
the amendments made by this section shall take effect on the date of 
enactment of this Act.

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

SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO FIGHT 
TERRORIST FINANCING.
    (a) Findings.--Congress makes the following findings:
        (1) The global war on terrorism and cutting off terrorist 
    financing is a policy priority for the United States and its 
    partners, working bilaterally and multilaterally through the United 
    Nations, the United Nations Security Council and its committees, 
    such as the 1267 and 1373 Committees, the Financial Action Task 
    Force (FATF), and various international financial institutions, 
    including the International Monetary Fund (IMF), the International 
    Bank for Reconstruction and Development (IBRD), and the regional 
    multilateral development banks, and other multilateral fora.
        (2) The international financial community has become engaged in 
    the global fight against terrorist financing. The Financial Action 
    Task Force has focused on the new threat posed by terrorist 
    financing to the international financial system, resulting in the 
    establishment of the FATF's Eight Special Recommendations on 
    Terrorist Financing as the international standard on combating 
    terrorist financing. The Group of Seven and the Group of Twenty 
    Finance Ministers are developing action plans to curb the financing 
    of terror. In addition, other economic and regional fora, such as 
    the Asia-Pacific Economic Cooperation (APEC) Forum, and the Western 
    Hemisphere Financial Ministers, have been used to marshal political 
    will and actions in support of combating the financing of terrorism 
    (CFT) standards.
        (3) FATF's Forty Recommendations on Money Laundering and the 
    Eight Special Recommendations on Terrorist Financing are the 
    recognized global standards for fighting money laundering and 
    terrorist financing. The FATF has engaged in an assessment process 
    for jurisdictions based on their compliance with these standards.
        (4) In March 2004, the IMF and IBRD Boards agreed to make 
    permanent a pilot program of collaboration with the FATF to assess 
    global compliance with the FATF Forty Recommendations on Money 
    Laundering and the Eight Special Recommendations on Terrorist 
    Financing. As a result, anti-money laundering (AML) and combating 
    the financing of terrorism (CFT) assessments are now a regular part 
    of their Financial Sector Assessment Program (FSAP) and Offshore 
    Financial Center assessments, which provide for a comprehensive 
    analysis of the strength of a jurisdiction's financial system. 
    These reviews assess potential systemic vulnerabilities, consider 
    sectoral development needs and priorities, and review the state of 
    implementation of and compliance with key financial codes and 
    regulatory standards, among them the AML and CFT standards.
        (5) To date, 70 FSAPs have been conducted, with over 24 of 
    those incorporating AML and CFT assessments. The international 
    financial institutions (IFIs), the FATF, and the FATF-style 
    regional bodies together are expected to assess AML and CFT regimes 
    in up to 40 countries or jurisdictions per year. This will help 
    countries and jurisdictions identify deficiencies in their AML and 
    CFT regimes and help focus technical assistance efforts.
        (6) Technical assistance programs from the United States and 
    other nations, coordinated with the Department of State and other 
    departments and agencies, are playing an important role in helping 
    countries and jurisdictions address shortcomings in their AML and 
    CFT regimes and bringing their regimes into conformity with 
    international standards. Training is coordinated within the United 
    States Government, which leverages multilateral organizations and 
    bodies and international financial institutions to internationalize 
    the conveyance of technical assistance.
        (7) In fulfilling its duties in advancing incorporation of AML 
    and CFT standards into the IFIs as part of the IFIs' work on 
    protecting the integrity of the international monetary system, the 
    Department of the Treasury, under the guidance of the Secretary of 
    the Treasury, has effectively brought together all of the key 
    United States Government agencies. In particular, United States 
    Government agencies continue to work together to foster broad 
    support for this important undertaking in various multilateral 
    fora, and United States Government agencies recognize the need for 
    close coordination and communication within our own Government.
    (b) Sense of Congress Regarding Success in Multilateral 
Organizations.--It is the sense of Congress that the Secretary of the 
Treasury should continue to promote the dissemination of international 
AML and CFT standards, and to press for full implementation of the FATF 
40 + 8 Recommendations by all countries in order to curb financial 
risks and hinder terrorist financing around the globe. The efforts of 
the Secretary in this regard should include, where necessary or 
appropriate, multilateral action against countries whose counter-money 
laundering regimes and efforts against the financing of terrorism fall 
below recognized international standards.

SEC. 7702. DEFINITIONS.

    In this subtitle--
        (1) the term ``international financial institutions'' has the 
    same meaning as in section 1701(c)(2) of the International 
    Financial Institutions Act;
        (2) the term ``Financial Action Task Force'' means the 
    international policy-making and standard-setting body dedicated to 
    combating money laundering and terrorist financing that was created 
    by the Group of Seven in 1989; and
        (3) the terms ``Interagency Paper on Sound Practices to 
    Strengthen the Resilience of the U.S. Financial System'' and 
    ``Interagency Paper'' mean the interagency paper prepared by the 
    Board of Governors of the Federal Reserve System, the Comptroller 
    of the Currency, and the Securities and Exchange Commission that 
    was announced in the Federal Register on April 8, 2003.
SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS FOR THE 
SECRETARY OF THE TREASURY.
    (a) Reporting Requirements.--Section 1503(a) of the International 
Financial Institutions Act (22 U.S.C. 262o-2(a)) is amended by adding 
at the end the following:
        ``(15) Work with the International Monetary Fund to--
            ``(A) foster strong global anti-money laundering (AML) and 
        combat the financing of terrorism (CFT) regimes;
            ``(B) ensure that country performance under the Financial 
        Action Task Force anti-money laundering and counterterrorist 
        financing standards is effectively and comprehensively 
        monitored;
            ``(C) ensure note is taken of AML and CFT issues in Article 
        IV reports, International Monetary Fund programs, and other 
        regular reviews of country progress;
            ``(D) ensure that effective AML and CFT regimes are 
        considered to be indispensable elements of sound financial 
        systems; and
            ``(E) emphasize the importance of sound AML and CFT regimes 
        to global growth and development.''.
    (b) Testimony.--Section 1705(b) of the International Financial 
Institutions Act (22 U.S.C. 262r-4(b)) is amended--
        (1) in paragraph (2), by striking ``and'' at the end;
        (2) in paragraph (3), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(4) the status of implementation of international anti-money 
    laundering and counterterrorist financing standards by the 
    International Monetary Fund, the multilateral development banks, 
    and other multilateral financial policymaking bodies.''.
SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
    The Secretary of the Treasury, or the designee of the Secretary, as 
the lead United States Government official to the Financial Action Task 
Force (FATF), shall continue to convene the interagency United States 
Government FATF working group. This group, which includes 
representatives from all relevant Federal agencies, shall meet at least 
once a year to advise the Secretary on policies to be pursued by the 
United States regarding the development of common international AML and 
CFT standards, to assess the adequacy and implementation of such 
standards, and to recommend to the Secretary improved or new standards, 
as necessary.

              Subtitle H--Emergency Financial Preparedness

SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
    Section 306(d) of title 31, United States Code, is amended by 
inserting ``or employee'' after ``another officer''.
SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY 
PREPAREDNESS AND RESPONSE AND CONSUMER EDUCATION.
    (a) Findings.--Congress finds that the Secretary of the Treasury--
        (1) has successfully communicated and coordinated with the 
    private-sector financial services industry about financial 
    infrastructure preparedness and response issues;
        (2) has successfully reached out to State and local governments 
    and regional public-private partnerships, such as ChicagoFIRST, 
    that protect employees and critical infrastructure by enhancing 
    communication and coordinating plans for disaster preparedness and 
    business continuity; and
        (3) has set an example for the Department of Homeland Security 
    and other Federal agency partners, whose active participation is 
    vital to the overall success of the activities described in 
    paragraphs (1) and (2).
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of the Treasury, in consultation with the Secretary of 
Homeland Security, other Federal agency partners, and private-sector 
financial organization partners, should--
        (1) furnish sufficient personnel and technological and 
    financial resources to educate consumers and employees of the 
    financial services industry about domestic counterterrorist 
    financing activities, particularly about--
            (A) how the public and private sector organizations 
        involved in such activities can combat terrorism while
        protecting and preserving the lives and civil liberties of 
        consumers and employees of the financial services industry; and
            (B) how the consumers and employees of the financial 
        services industry can assist the public and private sector 
        organizations involved in such activities; and
        (2) submit annual reports to Congress on efforts to accomplish 
    subparagraphs (A) and (B) of paragraph (1).
    (c) Report on Public-Private Partnerships.--Before the end of the 
6-month period beginning on the date of enactment of this Act, the 
Secretary of the Treasury shall submit a report to the Committee on 
Financial Services of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate containing--
        (1) information on the efforts that the Department of the 
    Treasury has made to encourage the formation of public-private 
    partnerships to protect critical financial infrastructure and the 
    type of support that the Department has provided to such 
    partnerships; and
        (2) recommendations for administrative or legislative action 
    regarding such partnerships, as the Secretary may determine to be 
    appropriate.
SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
    (a) Short Title.--This section may be cited as the ``Emergency 
Securities Response Act of 2004''.
    (b) Extension of Emergency Order Authority of the Securities and 
Exchange Commission.--
        (1) Extension of authority.--Section 12(k)(2) of the Securities 
    Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended to read as 
    follows:
        ``(2) Emergency orders.--
            ``(A) In general.--The Commission, in an emergency, may by 
        order summarily take such action to alter, supplement, suspend, 
        or impose requirements or restrictions with respect to any 
        matter or action subject to regulation by the Commission or a 
        self-regulatory organization under the securities laws, as the 
        Commission determines is necessary in the public interest and 
        for the protection of investors--
                ``(i) to maintain or restore fair and orderly 
            securities markets (other than markets in exempted 
            securities);
                ``(ii) to ensure prompt, accurate, and safe clearance 
            and settlement of transactions in securities (other than 
            exempted securities); or
                ``(iii) to reduce, eliminate, or prevent the 
            substantial disruption by the emergency of--

                    ``(I) securities markets (other than markets in 
                exempted securities), investment companies, or any 
                other significant portion or segment of such markets; 
                or
                    ``(II) the transmission or processing of securities 
                transactions (other than transactions in exempted 
                securities).

            ``(B) Effective period.--An order of the Commission under 
        this paragraph shall continue in effect for the period 
        specified by the Commission, and may be extended. Except as 
        provided in subparagraph (C), an order of the Commission under 
        this paragraph may not continue in effect for more than 10 
        business days, including extensions.
            ``(C) Extension.--An order of the Commission under this 
        paragraph may be extended to continue in effect for more than 
        10 business days if, at the time of the extension, the 
        Commission finds that the emergency still exists and determines 
        that the continuation of the order beyond 10 business days is 
        necessary in the public interest and for the protection of 
        investors to attain an objective described in clause (i), (ii), 
        or (iii) of subparagraph (A). In no event shall an order of the 
        Commission under this paragraph continue in effect for more 
        than 30 calendar days.
            ``(D) Security futures.--If the actions described in 
        subparagraph (A) involve a security futures product, the 
        Commission shall consult with and consider the views of the 
        Commodity Futures Trading Commission.
            ``(E) Exemption.--In exercising its authority under this 
        paragraph, the Commission shall not be required to comply with 
        the provisions of--
                ``(i) section 19(c); or
                ``(ii) section 553 of title 5, United States Code.''.
    (c) Consultation; Definition of Emergency.--Section 12(k)(6) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(6)) is amended to 
read as follows:
        ``(6) Consultation.--Prior to taking any action described in 
    paragraph (1)(B), the Commission shall consult with and consider 
    the views of the Secretary of the Treasury, the Board of Governors 
    of the Federal Reserve System, and the Commodity Futures Trading 
    Commission, unless such consultation is impracticable in light of 
    the emergency.
        ``(7) Definitions.--For purposes of this subsection--
            ``(A) the term `emergency' means--
                ``(i) a major market disturbance characterized by or 
            constituting--

                    ``(I) sudden and excessive fluctuations of 
                securities prices generally, or a substantial threat 
                thereof, that threaten fair and orderly markets; or
                    ``(II) a substantial disruption of the safe or 
                efficient operation of the national system for 
                clearance and settlement of transactions in securities, 
                or a substantial threat thereof; or

                ``(ii) a major disturbance that substantially disrupts, 
            or threatens to substantially disrupt--

                    ``(I) the functioning of securities markets, 
                investment companies, or any other significant portion 
                or segment of the securities markets; or
                    ``(II) the transmission or processing of securities 
                transactions; and

            ``(B) notwithstanding section 3(a)(47), the term 
        `securities laws' does not include the Public Utility Holding 
        Company Act of 1935.''.
    (d) Parallel Authority of the Secretary of the Treasury With 
Respect to Government Securities.--Section 15C of the Securities 
Exchange Act of 1934 (15 U.S.C. 78o-5) is amended by adding at the end 
the following:
    ``(h) Emergency Authority.--The Secretary may, by order, take any 
action with respect to a matter or action subject to regulation by the 
Secretary under this section, or the rules of the Secretary under this 
section, involving a government security or a market therein (or 
significant portion or segment of that market), that the Commission may 
take under section 12(k)(2) with respect to transactions in securities 
(other than exempted securities) or a market therein (or significant 
portion or segment of that market).''.
    (e) Joint Report on Implementation of Financial System Resilience 
Recommendations.--
        (1) Report required.--Not later than April 30, 2006, the Board 
    of Governors of the Federal Reserve System, the Comptroller of the 
    Currency, and the Securities and Exchange Commission shall prepare 
    and submit to the Committee on Financial Services of the House of 
    Representatives and the Committee on Banking, Housing, and Urban 
    Affairs of the Senate a joint report on the efforts of the private 
    sector to implement the Interagency Paper on Sound Practices to 
    Strengthen the Resilience of the U.S. Financial System.
        (2) Contents of report.--The report required by paragraph (1) 
    shall--
            (A) examine the efforts to date of private sector financial 
        services firms covered by the Interagency Paper to implement 
        enhanced business continuity plans;
            (B) examine the extent to which the implementation of such 
        business continuity plans has been done in a geographically 
        dispersed manner, including an analysis of the extent to which 
        such firms have located their main and backup facilities in 
        separate electrical networks, in different watersheds, in 
        independent transportation systems, and using separate 
        telecommunications centers, and the cost and technological 
        implications of further dispersal;
            (C) examine the need to cover a larger range of private 
        sector financial services firms that play significant roles in 
        critical financial markets than those covered by the 
        Interagency Paper; and
            (D) recommend legislative and regulatory changes that 
        will--
                (i) expedite the effective implementation of the 
            Interagency Paper by all covered financial services 
            entities; and
                (ii) optimize the effective implementation of business 
            continuity planning by the financial services industry.
        (3) Confidentiality.--Any information provided to the Board of 
    Governors of the Federal Reserve System, the Comptroller of the 
    Currency, or the Securities and Exchange Commission for the 
    purposes of the preparation and submission of the report required 
    by paragraph (1) shall be treated as privileged and confidential. 
    For purposes of section 552 of title 5, United States Code, this 
    subsection shall be considered a statute described in subsection 
    (b)(3)(B) of that section 552.
        (4) Definition.--As used in this subsection, the terms 
    ``Interagency Paper on Sound Practices to Strengthen the Resilience 
    of the U.S. Financial System'' and ``Interagency Paper'' mean the 
    interagency paper prepared by the Board of Governors of the Federal 
    Reserve System, the Comptroller of the Currency, and the Securities 
    and Exchange Commission that was announced in the Federal Register 
    on April 8, 2003.

SEC. 7804. PRIVATE SECTOR PREPAREDNESS.

    It is the sense of Congress that the insurance industry and credit-
rating agencies, where relevant, should carefully consider a company's 
compliance with standards for private sector disaster and emergency 
preparedness in assessing insurability and creditworthiness, to ensure 
that private sector investment in disaster and emergency preparedness 
is appropriately encouraged.

                       TITLE VIII--OTHER MATTERS
                    Subtitle A--Intelligence Matters

SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE 
SIMULATION AND ANALYSIS CENTER.
    (a) In General.--The Director of National Intelligence shall 
establish a formal relationship, including information sharing, between 
the elements of the intelligence community and the National 
Infrastructure Simulation and Analysis Center.
    (b) Purpose.--The purpose of the relationship under subsection (a) 
shall be to permit the intelligence community to take full advantage of 
the capabilities of the National Infrastructure Simulation and Analysis 
Center, particularly vulnerability and consequence analysis, for real 
time response to reported threats and long term planning for projected 
threats.

          Subtitle B--Department of Homeland Security Matters

SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.
    (a) Findings.--Congress makes the following findings:
        (1) Geospatial technologies and geospatial data improve 
    government capabilities to detect, plan for, prepare for, and 
    respond to disasters in order to save lives and protect property.
        (2) Geospatial data improves the ability of information 
    technology applications and systems to enhance public security in a 
    cost-effective manner.
        (3) Geospatial information preparedness in the United States, 
    and specifically in the Department of Homeland Security, is 
    insufficient because of--
            (A) inadequate geospatial data compatibility;
            (B) insufficient geospatial data sharing; and
            (C) technology interoperability barriers.
    (b) Homeland Security Geospatial Information.--Section 703 of the 
Homeland Security Act of 2002 (6 U.S.C. 343) is amended--
        (1) by inserting ``(a) In General.--'' before ``The Chief 
    Information''; and
        (2) by adding at the end the following:
    ``(b) Geospatial Information Functions.--
        ``(1) Definitions.--As used in this subsection:
            ``(A) Geospatial information.--The term `geospatial 
        information' means graphical or digital data depicting natural 
        or manmade physical features, phenomena, or boundaries of the 
        earth and any information related thereto, including surveys, 
        maps, charts, remote sensing data, and images.
            ``(B) Geospatial technology.--The term `geospatial 
        technology' means any technology utilized by analysts, 
        specialists, surveyors, photogrammetrists, hydrographers, 
        geodesists, cartographers, architects, or engineers for the 
        collection, storage, retrieval, or dissemination of geospatial 
        information, including--
                ``(i) global satellite surveillance systems;
                ``(ii) global position systems;
                ``(iii) geographic information systems;
                ``(iv) mapping equipment;
                ``(v) geocoding technology; and
                ``(vi) remote sensing devices.
        ``(2) Office of geospatial management.--
            ``(A) Establishment.--The Office of Geospatial Management 
        is established within the Office of the Chief Information 
        Officer.
            ``(B) Geospatial information officer.--
                ``(i) Appointment.--The Office of Geospatial Management 
            shall be administered by the Geospatial Information 
            Officer, who shall be appointed by the Secretary and serve 
            under the direction of the Chief Information Officer.
                ``(ii) Functions.--The Geospatial Information Officer 
            shall assist the Chief Information Officer in carrying out 
            all functions under this section and in coordinating the 
            geospatial information needs of the Department.
            ``(C) Coordination of geospatial information.--The Chief 
        Information Officer shall establish and carry out a program to 
        provide for the efficient use of geospatial information, which 
        shall include--
                ``(i) providing such geospatial information as may be 
            necessary to implement the critical infrastructure 
            protection programs;
                ``(ii) providing leadership and coordination in meeting 
            the geospatial information requirements of those 
            responsible for planning, prevention, mitigation, 
            assessment and response to emergencies, critical 
            infrastructure protection, and other functions of the 
            Department; and
                ``(iii) coordinating with users of geospatial 
            information within the Department to assure 
            interoperability and prevent unnecessary duplication.
            ``(D) Responsibilities.--In carrying out this subsection, 
        the responsibilities of the Chief Information Officer shall 
        include--
                ``(i) coordinating the geospatial information needs and 
            activities of the Department;
                ``(ii) implementing standards, as adopted by the 
            Director of the Office of Management and Budget under the 
            processes established under section 216 of the E-Government 
            Act of 2002 (44 U.S.C. 3501 note), to facilitate the 
            interoperability of geospatial information pertaining to 
            homeland security among all users of such information 
            within--

                    ``(I) the Department;
                    ``(II) State and local government; and
                    ``(III) the private sector;

                ``(iii) coordinating with the Federal Geographic Data 
            Committee and carrying out the responsibilities of the 
            Department pursuant to Office of Management and Budget 
            Circular A-16 and Executive Order 12906; and
                ``(iv) making recommendations to the Secretary and the 
            Executive Director of the Office for State and Local 
            Government Coordination and Preparedness on awarding grants 
            to--

                    ``(I) fund the creation of geospatial data; and
                    ``(II) execute information sharing agreements 
                regarding geospatial data with State, local, and tribal 
                governments.

        ``(3) Authorization of appropriations.--There are authorized to 
    be appropriated such sums as may be necessary to carry out this 
    subsection for each fiscal year.''.

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

SEC. 8301. SHORT TITLE.

    This subtitle may be cited as the ``Homeland Security Civil Rights 
and Civil Liberties Protection Act of 2004''.
SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
    Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
111(b)(1)) is amended--
        (1) in subparagraph (F), by striking ``and'' after the 
    semicolon;
        (2) by redesignating subparagraph (G) as subparagraph (H); and
        (3) by inserting after subparagraph (F) the following:
            ``(G) ensure that the civil rights and civil liberties of 
        persons are not diminished by efforts, activities, and programs 
        aimed at securing the homeland; and''.
SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
    Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C. 
345(a)) is amended--
        (1) by amending the matter preceding paragraph (1) to read as 
    follows:
    ``(a) In General.--The Officer for Civil Rights and Civil 
Liberties, who shall report directly to the Secretary, shall--'';
        (2) by amending paragraph (1) to read as follows:
        ``(1) review and assess information concerning abuses of civil 
    rights, civil liberties, and profiling on the basis of race, 
    ethnicity, or religion, by employees and officials of the 
    Department;'';
        (3) in paragraph (2), by striking the period at the end and 
    inserting a semicolon; and
        (4) by adding at the end the following:
        ``(3) assist the Secretary, directorates, and offices of the 
    Department to develop, implement, and periodically review 
    Department policies and procedures to ensure that the protection of 
    civil rights and civil liberties is appropriately incorporated into 
    Department programs and activities;
        ``(4) oversee compliance with constitutional, statutory, 
    regulatory, policy, and other requirements relating to the civil 
    rights and civil liberties of individuals affected by the programs 
    and activities of the Department;
        ``(5) coordinate with the Privacy Officer to ensure that--
            ``(A) programs, policies, and procedures involving civil 
        rights, civil liberties, and privacy considerations are 
        addressed in an integrated and comprehensive manner; and
            ``(B) Congress receives appropriate reports regarding such 
        programs, policies, and procedures; and
        ``(6) investigate complaints and information indicating 
    possible abuses of civil rights or civil liberties, unless the 
    Inspector General of the Department determines that any such 
    complaint or information should be investigated by the Inspector 
    General.''.
SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF 
INSPECTOR GENERAL.
    Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following:
    ``(f)(1) The Inspector General of the Department of Homeland 
Security shall designate a senior official within the Office of 
Inspector General, who shall be a career member of the civil service at 
the equivalent to the GS-15 level or a career member of the Senior 
Executive Service, to perform the functions described in paragraph (2).
    ``(2) The senior official designated under paragraph (1) shall--
        ``(A) coordinate the activities of the Office of Inspector 
    General with respect to investigations of abuses of civil rights or 
    civil liberties;
        ``(B) receive and review complaints and information from any 
    source alleging abuses of civil rights and civil liberties by 
    employees or officials of the Department and employees or officials 
    of independent contractors or grantees of the Department;
        ``(C) initiate investigations of alleged abuses of civil rights 
    or civil liberties by employees or officials of the Department and 
    employees or officials of independent contractors or grantees of 
    the Department;
        ``(D) ensure that personnel within the Office of Inspector 
    General receive sufficient training to conduct effective civil 
    rights and civil liberties investigations;
        ``(E) consult with the Officer for Civil Rights and Civil 
    Liberties regarding--
            ``(i) alleged abuses of civil rights or civil liberties; 
        and
            ``(ii) any policy recommendations regarding civil rights 
        and civil liberties that may be founded upon an investigation 
        by the Office of Inspector General;
        ``(F) provide the Officer for Civil Rights and Civil Liberties 
    with information regarding the outcome of investigations of alleged 
    abuses of civil rights and civil liberties;
        ``(G) refer civil rights and civil liberties matters that the 
    Inspector General decides not to investigate to the Officer for 
    Civil Rights and Civil Liberties;
        ``(H) ensure that the Office of the Inspector General 
    publicizes and provides convenient public access to information 
    regarding--
            ``(i) the procedure to file complaints or comments 
        concerning civil rights and civil liberties matters; and
            ``(ii) the status of corrective actions taken by the 
        Department in response to Office of the Inspector General 
        reports; and
        ``(I) inform the Officer for Civil Rights and Civil Liberties 
    of any weaknesses, problems, and deficiencies within the Department 
    relating to civil rights or civil liberties.''.

SEC. 8305. PRIVACY OFFICER.

    Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is 
amended--
        (1) in the matter preceding paragraph (1), by inserting ``, who 
    shall report directly to the Secretary,'' after ``in the 
    Department'';
        (2) in paragraph (4), by striking ``and'' at the end;
        (3) by redesignating paragraph (5) as paragraph (6); and
        (4) by inserting after paragraph (4) the following:
        ``(5) coordinating with the Officer for Civil Rights and Civil 
    Liberties to ensure that--
            ``(A) programs, policies, and procedures involving civil 
        rights, civil liberties, and privacy considerations are 
        addressed in an integrated and comprehensive manner; and
            ``(B) Congress receives appropriate reports on such 
        programs, policies, and procedures; and''.
SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE DEPARTMENT OF 
HOMELAND SECURITY.
    The Secretary of Homeland Security shall ensure that the Department 
of Homeland Security complies with the protections for human research 
subjects, as described in part 46 of title 45, Code of Federal 
Regulations, or in equivalent regulations as promulgated by such 
Secretary, with respect to research that is conducted or supported by 
the Department.

                       Subtitle D--Other Matters

SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO ENHANCE AGENCY 
PLANNING FOR INFORMATION SECURITY NEEDS.
    Chapter 113 of title 40, United States Code, is amended--
        (1) in section 11302(b), by inserting ``security,'' after 
    ``use,'';
        (2) in section 11302(c), by inserting ``, including information 
    security risks,'' after ``risks'' both places it appears;
        (3) in section 11312(b)(1), by striking ``information 
    technology investments'' and inserting ``investments in information 
    technology (including information security needs)''; and
        (4) in section 11315(b)(2), by inserting ``, secure,'' after 
    ``sound''.

SEC. 8402. ENTERPRISE ARCHITECTURE.

    (a) Enterprise Architecture Defined.--In this section, the term 
``enterprise architecture'' means a detailed outline or blueprint of 
the information technology of the Federal Bureau of Investigation that 
will satisfy the ongoing mission and goals of the Federal Bureau of 
Investigation and that sets forth specific and identifiable benchmarks.
    (b) Enterprise Architecture.--The Federal Bureau of Investigation 
shall--
        (1) continually maintain and update an enterprise architecture; 
    and
        (2) maintain a state of the art and up to date information 
    technology infrastructure that is in compliance with the enterprise 
    architecture of the Federal Bureau of Investigation.
    (c) Report.--Subject to subsection (d), the Director of the Federal 
Bureau of Investigation shall, on an annual basis, submit to the 
Committees on the Judiciary of the Senate and House of Representatives 
a report on whether the major information technology investments of the 
Federal Bureau of Investigation are in compliance with the enterprise 
architecture of the Federal Bureau of Investigation and identify any 
inability or expectation of inability to meet the terms set forth in 
the enterprise architecture.
    (d) Failure To Meet Terms.--If the Director of the Federal Bureau 
of Investigation identifies any inability or expectation of inability 
to meet the terms set forth in the enterprise architecture in a report 
under subsection (c), the report under subsection (c) shall--
        (1) be twice a year until the inability is corrected;
        (2) include a statement as to whether the inability or 
    expectation of inability to meet the terms set forth in the 
    enterprise architecture is substantially related to resources; and
        (3) if the inability or expectation of inability is 
    substantially related to resources, include a request for 
    additional funding that would resolve the problem or a request to 
    reprogram funds that would resolve the problem.
    (e) Enterprise Architecture, Agency Plans and Reports.--This 
section shall be carried out in compliance with the requirements set 
forth in section 1016(e) and (h).
SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS.
    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Office of Government Ethics shall submit to Congress a 
report--
        (1) evaluating the financial disclosure process for employees 
    of the executive branch of Government; and
        (2) making recommendations for improving that process.
    (b) Transmittal of Record Relating to Presidentially Appointed 
Positions to Presidential Candidates.--
        (1) Definition.--In this section, the term ``major party'' has 
    the meaning given that term under section 9002(6) of the Internal 
    Revenue Code of 1986.
        (2) Transmittal.--
            (A) In general.--Not later than 15 days after the date on 
        which a major party nominates a candidate for President, the 
        Office of Personnel Management shall transmit an electronic 
        record to that candidate on Presidentially appointed positions.
            (B) Other candidates.--After making transmittals under 
        subparagraph (A), the Office of Personnel Management may 
        transmit an electronic record on Presidentially appointed 
        positions to any other candidate for President.
        (3) Content.--The record transmitted under this subsection 
    shall provide--
            (A) all positions which are appointed by the President, 
        including the title and description of the duties of each 
        position;
            (B) the name of each person holding a position described 
        under subparagraph (A);
            (C) any vacancy in the positions described under 
        subparagraph (A), and the period of time any such position has 
        been vacant;
            (D) the date on which an appointment made after the 
        applicable Presidential election for any position described 
        under subparagraph (A) is necessary to ensure effective 
        operation of the Government; and
            (E) any other information that the Office of Personnel 
        Management determines is useful in making appointments.
    (c) Reduction of Positions Requiring Appointment With Senate 
Confirmation.--
        (1) Definition.--In this subsection, the term ``agency'' means 
    an Executive agency as defined under section 105 of title 5, United 
    States Code.
        (2) Reduction plan.--
            (A) In general.--Not later than 180 days after the date of 
        enactment of this Act, the head of each agency shall submit a 
        Presidential appointment reduction plan to--
                (i) the President;
                (ii) the Committee on Homeland Security and 
            Governmental Affairs of the Senate; and
                (iii) the Committee on Government Reform of the House 
            of Representatives.
          (B) Content.--The plan under this paragraph shall provide for 
        the reduction of--
                (i) the number of positions within that agency that 
            require an appointment by the President, by and with the 
            advice and consent of the Senate; and
                (ii) the number of levels of such positions within that 
            agency.
    (d) Office of Government Ethics Review of Conflict of Interest 
Law.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Director of the Office of Government 
    Ethics, in consultation with the Attorney General of the United 
    States, shall conduct a comprehensive review of conflict of 
    interest laws relating to executive branch employment and submit a 
    report to--
            (A) the President;
            (B) the Committees on Homeland Security and Governmental 
        Affairs and the Judiciary of the Senate;
            (C) the Committees on Government Reform and the Judiciary 
        of the House of Representatives.
        (2) Contents.--The report under this subsection shall examine 
    sections 203, 205, 207, and 208 of title 18, United States Code.
SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR TICKETS 
FOR SUSPENDED AIR PASSENGER SERVICE.
    Section 145(c) of the Aviation and Transportation Security Act (49 
U.S.C. 40101 note) is amended by striking ``more than'' and all that 
follows and inserting ``after November 19, 2005.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```