II 

October 6, 2004 

Ordered to be printed as passed 

108TH CONGRESS 

2D SESSION S. 2845 

AN ACT 

To reform the intelligence community and the intelligence 

and intelligence-related activities of the United States 

Government, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘National Intelligence Reform Act of 2004’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—NATIONAL INTELLIGENCE AUTHORITY 

Subtitle A—National Intelligence Authority 

Sec. 101. National Intelligence Authority. 

Sec. 102. National Intelligence Director. 

Subtitle B—Responsibilities and Authorities of National Intelligence Director 

Sec. 111. Provision of national intelligence. 

Sec. 112. Responsibilities of National Intelligence Director. 

Sec. 113. Authorities of National Intelligence Director. 

Sec. 114. Funding of intelligence activities. 

Sec. 115. Enhanced personnel management. 

Sec. 116. Security clearances. 

Sec. 117. National Intelligence Reserve Corps. 

Sec. 118. Appointment and termination of certain officials responsible for intelligence-related activities. 

Sec. 119. Reserve for Contingencies. 

Subtitle C—Office of the National Intelligence Director 

Sec. 121. Office of the National Intelligence Director. 

Sec. 122. Deputy national intelligence directors. 

Sec. 123. National Intelligence Council. 

Sec. 124. General Counsel of the National Intelligence Authority. 

Sec. 125. Officer for Civil Rights and Civil Liberties of the National Intelligence Authority. 

Sec. 126. Privacy Officer of the National Intelligence Authority. 

Sec. 127. Chief Information Officer of the National Intelligence Authority. 

Sec. 128. Chief Human Capital Officer of the National Intelligence Authority. 

Sec. 129. Chief Financial Officer of the National Intelligence Authority. 

Sec. 130. Chief Scientist of the National Intelligence Authority. 

Sec. 131. National Counterintelligence Executive. 

Subtitle D—Additional Elements of National Intelligence Authority 

Sec. 141. Inspector General of the National Intelligence Authority. 

Sec. 142. Ombudsman of the National Intelligence Authority. 

Sec. 143. National Counterterrorism Center. 

Sec. 144. Counterproliferation Center. 

Sec. 145. National intelligence centers. 

Sec. 146. Office of alternative analysis. 

Subtitle E—Education and Training of Intelligence Community Personnel 

Sec. 151. Framework for cross-disciplinary education and training. 

Sec. 152. Intelligence Community Scholarship Program. 

Sec. 153. Additional education and training requirements. 
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Subtitle F—Additional Authorities of National Intelligence Authority 

Sec. 161. Use of appropriated funds. 

Sec. 162. Acquisition and fiscal authorities. 

Sec. 163. Personnel matters. 

Sec. 164. Ethics matters. 

TITLE II—OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES 

Subtitle A—Improvements of Intelligence Activities 

Sec. 201. Availability to public of certain intelligence funding information. 

Sec. 202. Joint Intelligence Community Council. 

Sec. 203. Improvement of intelligence capabilities of the Federal Bureau of Investigation. 

Sec. 204. Federal Bureau of Investigation Intelligence Career Service. 

Sec. 205. Directorate of Intelligence of the Federal Bureau of Investigation. 

Sec. 206. Information sharing. 

Sec. 207. Alternative analyses of intelligence by the intelligence community. 

Sec. 208. Report on implementation of recommendations of Defense Science 

Board on preventing and defending against clandestine nuclear 

attack. 

Sec. 209. Use of United States commercial remote sensing space capabilities for 

imagery and geospatial information requirements. 

Sec. 210. Permanent authority for Public Interest Declassification Board. 

Subtitle B—Privacy and Civil Liberties 

Sec. 211. Privacy and Civil Liberties Oversight Board. 

Sec. 212. Privacy and Civil Liberties officers. 

Subtitle C—Independence of Intelligence Agencies 

Sec. 221. Independence of National Intelligence Director. 

Sec. 222. Independence of intelligence. 

Sec. 223. Independence of National Counterterrorism Center. 

Sec. 224. Access of congressional committees to national intelligence. 

Sec. 225. Communications with Congress. 

Sec. 226. Congressional appeals of classification decisions. 

Subtitle D—Homeland Security Civil Rights and Civil Liberties Protection. 

Sec. 231. Short Title. 

Sec. 232. Mission of Department of Homeland Security. 

Sec. 233. Officer for Civil Rights and Civil Liberties. 

Sec. 234. Protection of Civil Rights and Civil Liberties by Office of Inspector 

General. 

Sec. 235. Privacy Officer. 

TITLE III—MODIFICATIONS OF LAWS RELATING TO 

INTELLIGENCE COMMUNITY MANAGEMENT 

Subtitle A—Conforming and Other Amendments 

Sec. 301. Restatement and modification of basic authority on the Central Intelligence Agency. 

Sec. 302. Conforming amendments relating to roles of National Intelligence Director and Director of the Central Intelligence Agency. 
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Sec. 303. Other conforming amendments. 

Sec. 304. Modifications of counterintelligence and National Security Act of 

1947. 

Sec. 305. Elements of intelligence community under National Security Act of 

1947. 

Sec. 306. Redesignation of National Foreign Intelligence Program as National 

Intelligence Program. 

Sec. 307. Conforming amendments on responsibilities of Secretary of Defense 

pertaining to National Intelligence Program. 

Sec. 308. Repeal of superseded authorities. 

Sec. 309. Conforming amendments on funding of intelligence activities. 

Sec. 310. Modification of definition of Congressional Intelligence Committees 

under National Security Act of 1947. 

Sec. 311. Clerical amendments to National Security Act of 1947. 

Sec. 312. Modification of authorities relating to National Counterintelligence 

Executive. 

Sec. 313. Conforming amendment relating to Chief Financial Officer of the National Intelligence Authority. 

Subtitle B—Transfers and Terminations 

Sec. 321. Transfer of Office of Deputy Director of Central Intelligence for 

Community Management. 

Sec. 322. Transfer of National Counterterrorism Executive. 

Sec. 323. Transfer of Terrorist Threat Integration Center. 

Sec. 324. Termination of certain positions within the Central Intelligence Agency. 

Subtitle C—Other Transition Matters 

Sec. 331. Executive Schedule matters. 

Sec. 332. Preservation of intelligence capabilities. 

Sec. 333. Reorganization. 

Sec. 334. National Intelligence Director report on implementation of intelligence community reform. 

Sec. 335. Comptroller General reports on implementation of intelligence community reform. 

Sec. 336. National Intelligence Council report on methodologies utilized for national intelligence estimates. 

Sec. 337. National Intelligence Director report on National Counterterrorism 

Center. 

Sec. 338. Components of National Intelligence Program. 

Sec. 339. General references. 

Subtitle D—Effective Date 

Sec. 341. Effective date. 

Subtitle E—Other Matters 

Sec. 351. Severability. 

Sec. 352. Authorization of appropriations. 

TITLE IV—TRANSPORTATION SECURITY 

Sec. 401. Watchlist for passengers aboard vessels. 

TITLE V—AIR CARGO SAFETY 
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Sec. 501. Short title. 

Sec. 502. Inspection of cargo carried aboard passenger aircraft. 

Sec. 503. Air cargo shipping 

Sec. 504. Cargo carried aboard passenger aircraft. 

Sec. 505. Training program for cargo handlers. 

Sec. 506. Cargo carried aboard all-cargo aircraft. 

Sec. 507. Passenger identification verification. 

TITLE VI—AVIATION SECURITY 

Sec. 601. Improved pilot licenses. 

Sec. 602. Aircraft charter customer prescreening. 

Sec. 603. Aircraft rental customer prescreening. 

Sec. 604. Report on rental and charter customer prescreening procedures. 

Sec. 605. Aviation security staffing. 

Sec. 606. Improved air cargo and airport security. 

Sec. 607. Air cargo security measures. 

Sec. 608. Explosive detection systems. 

Sec. 609. Air marshal program. 

Sec. 610. TSA-related baggage claim issues study. 

Sec. 611 .Report on implementation of GAO homeland security information 

sharing recommendations. 

Sec. 612. Aviation security research and development. 

Sec. 613. Perimeter access technology. 

Sec. 614. Bereavement fares. 

Sec. 615. Review and revision of prohibited items list. 

Sec. 616. Report on protecting commercial aircraft from the threat of manportable air defense systems. 

Sec. 617. Screening devices to detect chemical and plastic explosives. 

Sec. 618. Reports on the Federal Air Marshals Program. 

Sec. 619. Security of air marshal identity. 

Sec. 620. Security monitoring cameras for airport baggage handling areas. 

Sec. 621. Effective date. 

TITLE VII—OTHER MATTERS 

Sec. 701. Responsibilities and functions of consular officers. 

Sec. 702. Increase in full-time border patrol agents. 

Sec. 703. Increase in full-time immigration and customs enforcement investigators. 

TITLE VIII—VISA REQUIREMENTS 

Sec. 801. In person interviews of visa applicants. 

Sec. 802. Visa application requirements. 

Sec. 803. Effective date. 

TITLE IX—ADVANCED TECHNOLOGY NORTHERN BORDER 

SECURITY PILOT PROGRAM 

Sec. 901. Establishment. 

Sec. 902. Program requirements. 

Sec. 903. Administrative provisions. 

Sec. 904. Report. 

Sec. 905. Authorization of appropriations. 

TITLE X— 911 COMMISSION IMPLEMENTATION ACT OF 2004. 
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Subtitle A—THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE 

MILITARY IN THE WAR ON TERRORISM 

Sec. 1001. Findings. 

Sec. 1002. Terrorist sanctuaries. 

Sec. 1003. Role of Pakistan in countering terrorism. 

Sec. 1004. Aid to Afghanistan. 

Sec. 1005. The United States-Saudi Arabia relationship. 

Sec. 1006. Efforts to combat Islamist terrorism. 

Sec. 1007. United States policy toward dictatorships. 

Sec. 1008. Promotion of United States values through broadcast media. 

Sec. 1009. Expansion of United States scholarship and exchange programs in 

the Islamic world. 

Sec. 1010. International youth opportunity fund. 

Sec. 1011. The use of economic policies to combat terrorism. 

Sec. 1012. Middle East partnership initiative. 

Sec. 1013. Comprehensive coalition strategy for fighting terrorism. 

Sec. 1014. Treatment of foreign prisoners. 

Sec. 1015. Proliferation of weapons of mass destruction. 

Sec. 1016. Financing of terrorism. 

Sec. 1017. Report to Congress. 

Sec. 1018. Effective Date. 

Subtitle B—TERRORIST TRAVEL AND EFFECTIVE SCREENING 

Sec. 1021. Counterterrorist travel intelligence. 

Sec. 1022. Integrated screening system. 

Sec. 1023. Biometric entry and exit data system. 

Sec. 1024. Travel documents. 

Sec. 1025. Exchange of terrorist information and increased preinspection at 

foreign airports. 

Sec. 1026. Minimum standards for birth certificates. 

Sec. 1027. Driver’s licenses and personal identification cards. 

Sec. 1028. Social security cards. 

Sec. 1029. Effective date. 

Subtitle C—TRANSPORTATION SECURITY 

Sec. 1031. Definitions. 

Sec. 1032. National strategy for transportation security. 

Sec. 1033. Use of watchlists for passenger air transportation screening. 

Sec. 1034. Enhanced passenger and cargo screening. 

Sec. 1035. Effective date. 

Subtitle D—NATIONAL PREPAREDNESS 

Sec. 1041. The incident command system. 

Sec. 1042. National capital region mutual aid. 

Sec. 1043. Urban area communications capabilities. 

Sec. 1044. Private sector preparedness. 

Sec. 1045. Critical infrastructure and readiness assessments. 

Sec. 1046. Report on northern command and defense of the united states 

homeland. 

Sec. 1047. Effective date. 

Subtitle E—HOMELAND SECURITY GRANTS 
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Sec. 1051. Short title. 

Sec. 1052. Definitions. 

Sec. 1053. Preservation of pre-9/11 grant programs for traditional first responder missions. 

Sec. 1054. Interagency committee to coordinate and streamline homeland security grant programs. 

Sec. 1056. Threat-based homeland security grant program. 

Sec. 1057. Eliminating homeland security fraud, waste, and abuse. 

Sec. 1058. Flexibility in unspent homeland security funds. 

Sec. 1059. Certification relative to the screening of municipal solid waste transported into the United States. 

Subtitle F—PUBLIC SAFETY SPECTRUM 

Sec. 1061. Short title; table of contents. 

Sec. 1062. Findings. 

Sec. 1063. Setting a specific date for the availability of spectrum for public 

safety organizations and creating a deadline for the transition 

to digital television. 

Sec. 1064. Studies of communications capabilities and needs. 

Sec. 1065. Statutory authority for the department of homeland security’s 

‘‘safecom’’ program. 

Sec. 1066. Grant program to provide enhanced interoperability of communications for first responders. 

Sec. 1067. Digital transition public safety communications grant and consumer 

assistance fund. 

Sec. 1068. Digital transition program. 

Sec. 1069. FCC authority to require label requirement for analog television 

sets. 

Sec. 1070. Report on consumer education program requirements. 

Sec. 1071. FCC to issue decision in certain proceedings. 

Sec. 1072. Definitions. 

Sec. 1073. Effective date. 

Subtitle G—PRESIDENTIAL TRANSITION 

Sec. 1081. Presidential transition. 

TITLE XI—GENERAL PROVISIONS 

Sec. 1101. Amendments to Clinger-Cohen provisions to enhance agency planning for information security needs. 

Sec. 1102. Financial disclosure and records. 

Sec. 1103. Homeland security geographic information. 

Sec. 1704. Urban area communications capabilities. 

Sec. 1105. Unified Incident Command Center. 

Sec. 1106. Aviation and Transportation Security Act. 

Sec. 1107. Liquefied natural gas marine terminals. 

Sec. 1108. Report on international air cargo threats. 

Sec. 1109. Communication system grants. 

Sec. 1110. TSA Field office information technology and telecommunications report. 

Sec. 1111. Intelligence community use of NISAC Capabilities. 

Sec. 1112. Nationwide interoperable communications network. 

Sec. 1113. Communications interoperability. 

Sec. 1114. Deadline for completion of certain plans, reports, and assessments. 
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Sec. 1115. Terrorism financing. 

Sec. 1116. Private Security Officer Employment Authorization Act of 2004. 

Sec. 1117. Biometric standard for VISA applications. 

Sec. 1118. Annual report on the allocation of resources within the office of foreign assets control. 

Sec. 1119. Congressional oversight of FBI use of translators. 

Sec. 1120. Terrorist watch lists. 

Sec. 1121. Regional model strategic plan pilot projects. 

Sec. 1122. Border surveillance. 

Sec. 1123. Enterprise architecture. 

Sec. 1124. Report on use of databases. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘intelligence’’ includes foreign in4 telligence and counterintelligence. 

5 (2) The term ‘‘foreign intelligence’’ means in6 formation relating to the capabilities, intentions, or 

7 activities of foreign governments or elements thereof, 

8 foreign organizations, or foreign persons, or inter9 national terrorist activities. 

10 (3) The term ‘‘counterintelligence’’ means for11 eign intelligence gathered, and information gathering 

12 and other activities conducted, to protect against es13 pionage, other intelligence activities, sabotage, or as14 sassinations conducted by or on behalf of foreign 

15 governments or elements thereof, foreign organiza16 tions, or foreign persons, or international terrorist 

17 activities, but does not include personnel, physical, 

18 document, or communications security programs. 

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

20 the following: 
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1 (A) The National Intelligence Authority. 

2 (B) The Central Intelligence Agency. 

3 (C) The National Security Agency. 

4 (D) The Defense Intelligence Agency. 

5 (E) The National Geospatial-Intelligence 

6 Agency. 

7 (F) The National Reconnaissance Office. 

8 (G) Other offices within the Department of 

9 Defense for the collection of specialized national 

10 intelligence through reconnaissance programs. 

11 (H) The intelligence elements of the Army, 

12 the Navy, the Air Force, the Marine Corps, the 

13 Federal Bureau of Investigation, the Depart14 ment of Energy, and the Coast Guard. 

15 (I) The Bureau of Intelligence and Re16 search of the Department of State. 

17 (J) The Office of Intelligence and Analysis 

18 of the Department of the Treasury. 

19 (K) The elements of the Department of 

20 Homeland Security concerned with the analysis 

21 of intelligence information. 

22 (L) Such other elements of any depart23 ment or agency as may be designated by the 

24 President, or designated jointly by the National 

25 Intelligence Director and the head of the de-
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1 partment or agency concerned, as an element of 

2 the intelligence community. 

3 (5) The terms ‘‘national intelligence’’ and ‘‘in4 telligence related to the national security’’— 

5 (A) each refer to intelligence which per6 tains, as determined consistent with any guide7 lines issued by the President, to the interests of 

8 more than one department or agency of the 

9 Government; and 

10 (B) do not refer to law enforcement activi11 ties conducted by the Federal Bureau of Inves12 tigation except to the extent provided for in 

13 procedures agreed to by the National Intel14 ligence Director and the Attorney General, or 

15 otherwise as expressly provided for in law. 

16 (6) The term ‘‘National Intelligence Pro17 gram’’— 

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

19 programs, projects, and activities of the ele20 ments of the intelligence community; 

21 (ii) includes all programs, projects, and ac22 tivities (whether or not pertaining to national 

23 intelligence) of the National Intelligence Au24 thority, the Central Intelligence Agency, the 

25 National Security Agency, the National 
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1 Geospatial-Intelligence Agency, the National 

2 Reconnaissance Office, the Directorate of 

3 Intellingence of the Federal Bureau of Inves4 tigation, and the Office of Information Analysis 

5 of the Department of Homeland Security; and 

6 (iii) includes any other program, project, 

7 or activity of a department, agency, or element 

8 of the United States Government relating to 

9 national intelligence unless the National Intel10 ligence Director and the head of the depart11 ment, agency, or element concerned determine 

12 otherwise; but 

13 (B) except as provided in subparagraph 

14 (A)(ii), does not refer to any program, project, 

15 or activity of the military departments, includ16 ing any program, project, or activity of the De17 fense Intelligence Agency that is not part of the 

18 National Foreign Intelligence Program as of 

19 the date of the enactment of this Act, to ac20 quire intelligence principally for the planning 

21 and conduct of joint or tactical military oper22 ations by the United States Armed Forces. 

23 (7) The term ‘‘congressional intelligence com24 mittees’’ means— 
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1 (A) the Select Committee on Intelligence of 

2 the Senate; 

3 (B) the Permanent Select Committee on 

4 Intelligence of the House of Representatives; 

5 (C) the Speaker of the House of Rep6 resentatives and the Majority Leader and the 

7 Minority Leader of the House of Representa8 tives; and 

9 (D) the Majority Leader and the Minority 

10 Leader of the Senate. 

11 (8) The term ‘‘certified intelligence officer’’ 

12 means a professional employee of an element of the 

13 intelligence community who meets standards and 

14 qualifications set by the National Intelligence Direc15 tor. 

16 TITLE I—NATIONAL 

17 INTELLIGENCE AUTHORITY 

18 Subtitle A—National Intelligence 

19 Authority 

20 SEC. 101. NATIONAL INTELLIGENCE AUTHORITY. 

21 (a) INDEPENDENT ESTABLISHMENT.—There is here22 by established as an independent establishment in the ex23 ecutive branch of government the National Intelligence 

24 Authority. 
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1 (b) COMPOSITION.—The National Intelligence Au2 thority is composed of the following: 

3 (1) The Office of the National Intelligence Di4 rector. 

5 (2) The elements specified in subtitle D. 

6 (3) Such other elements, offices, agencies, and 

7 activities as may be established by law or by the 

8 President or the National Intelligence Director. 

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

10 the National Intelligence Authority are as follows: 

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

12 intelligence community of the United States Govern13 ment. 

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

15 the intelligence community of the United States 

16 Government in a joint manner relating to intel17 ligence missions rather than through intelligence col18 lection disciplines. 

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

20 Counterterrorism Center and national intelligence 

21 centers under subtitle D. 

22 (4) To eliminate barriers that impede coordina23 tion of the intelligence, including counterterrorism 

24 activities of the United States Government between 

25 intelligence activities located abroad and intelligence 
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1 activities located abroad and foreign intelligence ac2 tivities located domestically while ensuring the pro3 tection of civil liberties. 

4 (5) To establish clear responsibility and ac5 countability for counterterrorism and other intel6 ligence matters relating to the national security of 

7 the United States. 

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

9 have a seal for the National Intelligence Authority. The 

10 design of the seal is subject to the approval of the Presi11 dent. Judicial notice shall be taken of the seal. 

12 SEC. 102. NATIONAL INTELLIGENCE DIRECTOR. 

13 (a) NATIONAL INTELLIGENCE DIRECTOR.—There is 

14 a National Intelligence Director who shall be appointed 

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

16 the Senate. 

17 (b) INDIVIDUALS ELIGIBLE FOR NOMINATION.—Any 

18 individual nominated for appointment as National Intel19 ligence Director shall have extensive national security ex20 pertise. 

21 (c) PROHIBITION ON SIMULTANEOUS SERVICE IN

22 OTHER CAPACITY IN INTELLIGENCE COMMUNITY.—The 

23 individual serving as National Intelligence Director may 

24 not, while so serving, serve in any capacity in any other 

25 element of the intelligence community, except to the extent 
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1 that the individual serving as National Intelligence Direc2 tor does so in an acting capacity. 

3 (d) PRINCIPAL DUTIES AND RESPONSIBILITIES.— 

4 The National Intelligence Director shall— 

5 (1) serve as head of the intelligence community 

6 in accordance with the provisions of this Act, the 

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

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

9 (2) act as the principal adviser to the President 

10 for intelligence related to the national security; 

11 (3) serve as the head of the National Intel12 ligence Authority; and 

13 (4) direct and oversee the National Intelligence 

14 Program. 

15 (e) GENERAL RESPONSIBILITIES AND AUTHORI16 TIES.—In carrying out the duties and responsibilities set 

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

18 shall have the responsibilities set forth in section 112 and 

19 the authorities set forth in section 113 and other applica20 ble provisions of law. 
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1 Subtitle B—Responsibilities and 

2 Authorities of National Intel3 ligence Director 

4 SEC. 111. PROVISION OF NATIONAL INTELLIGENCE. 

5 (a) IN GENERAL.—The National Intelligence Direc6 tor shall be responsible for providing national intel7 ligence— 

8 (1) to the President; 

9 (2) to the heads of other departments and 

10 agencies of the executive branch; 

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

12 and senior military commanders; 

13 (4) to the Senate and House of Representatives 

14 and the committees thereof; and 

15 (5) to such other persons or entities as the 

16 President shall direct. 

17 (b) NATIONAL INTELLIGENCE.—Such national intel18 ligence shall be timely, objective, independent of political 

19 considerations, and based upon all sources available to the 

20 intelligence community. 

21 SEC. 112. RESPONSIBILITIES OF NATIONAL INTELLIGENCE 

22 DIRECTOR. 

23 (a) IN GENERAL.—The National Intelligence Direc24 tor shall— 
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1 (1) determine the annual budget for the intel2 ligence and intelligence-related activities of the 

3 United States by— 

4 (A) providing to the heads of the depart5 ments containing agencies or elements within 

6 the intelligence community and that have one or 

7 more programs, projects, or activities within the 

8 National Intelligence program, and to the heads 

9 of such agencies and elements, guidance for de10 velopment of the National Intelligence Program 

11 budget pertaining to such agencies or elements; 

12 (B) developing and presenting to the Presi13 dent an annual budget for the National Intel14 ligence Program after consultation with the 

15 heads of agencies or elements, and the heads of 

16 their respective departments, under subpara17 graph (A); 

18 (C) providing budget guidance to each ele19 ment of the intelligence community that does 

20 not have one or more program, project, or ac21 tivity within the National Intelligence Program 

22 regarding the intelligence and intelligence-re23 lated activities of such element; and 

24 (D) participating in the development by 

25 the Secretary of Defense of the annual budgets 
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1 for the military intelligence programs, projects, 

2 and activities not included in the National In3 telligence Program; 

4 (2) manage and oversee appropriations for the 

5 National Intelligence Program, including— 

6 (A) the execution of funds within the Na7 tional Intelligence Program; 

8 (B) the reprogramming of funds appro9 priated or otherwise made available to the Na10 tional Intelligence Program; and 

11 (C) the transfer of funds and personnel 

12 under the National Intelligence Program; 

13 (3) establish the requirements and priorities to 

14 govern the collection, analysis, and dissemination of 

15 national intelligence by elements of the intelligence 

16 community; 

17 (4) establish collection and analysis require18 ments for the intelligence community following re19 ceipt of intelligence needs and requirements from the 

20 consumers of national intelligence, determine collec21 tion and analysis priorities, issue and manage collec22 tion and analysis tasking, and resolve conflicts in the 

23 tasking of elements of the intelligence community 

24 within the National Intelligence Program, except as 

25 otherwise agreed with the Secretary of Defense pur-
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1 suant to the direction of the President, while ensur2 ing that the elements of the intelligence community 

3 are able to conduct independent analyses so as to 

4 achieve, to the maximum extent practicable, competi5 tive analyses; 

6 (5) provide advisory tasking on the collection of 

7 intelligence to elements of the United States Govern8 ment having information collection capabilities that 

9 are not elements of the intelligence community; 

10 (6) manage and oversee the National 

11 Counterterrorism Center under section 143, and es12 tablish, manage, and oversee national intelligence 

13 centers under section 144; 

14 (7) establish requirements and priorities for for15 eign intelligence information to be collected under 

16 the Foreign Intelligence Surveillance Act of 1978 

17 (50 U.S.C. 1801 et seq.), and provide assistance to 

18 the Attorney General to ensure that information de19 rived from electronic surveillance or physical 

20 searches under that Act is disseminated so it may be 

21 used efficiently and effectively for foreign intel22 ligence purposes, except that the Director shall have 

23 no authority to direct, manage, or undertake elec24 tronic surveillance or physical search operations pur-
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1 suant to that Act unless otherwise authorized by 

2 statute or Executive order; 

3 (8) develop and implement, in consultation with 

4 the heads of other agencies or elements of the intel5 ligence community, and the heads of their respective 

6 departments, personnel policies and programs appli7 cable to the intelligence community that— 

8 (A) encourage and facilitate assignments 

9 and details of personnel to the National 

10 Counterterrorism Center under section 143, to 

11 national intelligence centers under section 144, 

12 and between elements of the intelligence com13 munity; 

14 (B) set standards for education, training, 

15 and career development of personnel of the in16 telligence community; 

17 (C) encourage and facilitate the recruit18 ment and retention by the intelligence commu19 nity of highly qualified individuals for the effec20 tive conduct of intelligence activities; 

21 (D) ensure that the personnel of the intel22 ligence community is sufficiently diverse for 

23 purposes of the collection and analysis of intel24 ligence through the recruitment and training of 
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1 women, minorities, and individuals with diverse 

2 ethnic, cultural, and linguistic backgrounds; 

3 (E) make service in more than one element 

4 of the intelligence community a condition of 

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

7 (F) ensure the effective management of in8 telligence community personnel who are respon9 sible for intelligence community-wide matters; 

10 (G) provide for the effective management 

11 of human capital within the intelligence commu12 nity, including— 

13 (i) the alignment of human resource 

14 policies and programs of the elements of 

15 the intelligence community with the mis16 sions, goals, and organizational objectives 

17 of such elements and of the intelligence 

18 community overall; 

19 (ii) the assessment of workforce char20 acteristics and future needs and the estab21 lishment of workforce development strate22 gies to meet those needs based on relevant 

23 organizational missions and strategic 

24 plans; 
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1 (iii) the sustainment of a culture that 

2 encourages and allows for the development 

3 of a high performing workforce; and 

4 (iv) the alignment of expectations for 

5 personnel performance with relevant orga6 nizational missions and strategic plans; 

7 (H) are consistent with the public employ8 ment principles of merit and fitness set forth 

9 under section 2301 of title 5, United States 

10 Code; and 

11 (I) include the enhancements required 

12 under section 114; 

13 (9) promote and evaluate the utility of national 

14 intelligence to consumers within the United States 

15 Government; 

16 (10) ensure that appropriate officials of the 

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

20 (11) direct an element or elements of the intel21 ligence community to conduct competitive analysis of 

22 analytic products, particularly products having na23 tional importance; 

24 (12) implement policies and procedures to en25 courage sound analytic methods and tradecraft 
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1 throughout the elements of the intelligence commu2 nity and to ensure that the elements of the intel3 ligence community regularly conduct competitive 

4 analysis of analytic products, whether such products 

5 are produced by or disseminated to such elements; 

6 (13) protect intelligence sources and methods 

7 from unauthorized disclosure; 

8 (14) establish requirements and procedures for 

9 the classification of intelligence information and for 

10 access to classified intelligence information; 

11 (15) establish requirements and procedures for 

12 the dissemination of classified information by ele13 ments of the intelligence community; 

14 (16) establish intelligence reporting guidelines 

15 that maximize the dissemination of information 

16 while protecting intelligence sources and methods; 

17 (17) develop, in consultation with the heads of 

18 appropriate departments and agencies of the United 

19 States Government, an integrated communications 

20 network that provides interoperable communications 

21 capabilities among all elements of the intelligence 

22 community and such other entities and persons as 

23 the Director considers appropriate; 
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1 (18) establish standards for information tech2 nology and communications for the intelligence com3 munity; 

4 (19) ensure that the intelligence community 

5 makes efficient and effective use of open-source in6 formation and analysis; 

7 (20) ensure compliance by elements of the intel8 ligence community with the Constitution and all 

9 laws, regulations, Executive orders, and imple10 menting guidelines of the United States applicable to 

11 the intelligence and intelligence-related activities of 

12 the United States Government, including the provi13 sions of the Constitution and all laws, regulations, 

14 Executive orders, and implementing guidelines of the 

15 United States applicable to the protection of the pri16 vacy and civil liberties of United States persons; 

17 (21) eliminate waste and unnecessary duplica18 tion within the intelligence community; and 

19 (22) perform such other functions as the Presi20 dent may direct. 

21 (b) UNIFORM PROCEDURES FOR SENSITIVE COM22 PARTMENTED INFORMATION.—The President, acting 

23 through the National Intelligence Director, shall establish 

24 uniform standards and procedures for the grant of access 
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1 to sensitive compartmented information in accordance 

2 with section 115. 

3 (c) CONSISTENCY OF PERSONNEL POLICIES AND

4 PROGRAMS WITH CERTAIN OTHER PERSONNEL POLICIES

5 AND STANDARDS.— 

6 (1) The personnel policies and programs devel7 oped and implemented under subsection (a)(8) with 

8 respect to members of the uniformed services shall 

9 be consistent with any other personnel policies and 

10 standards applicable to the members of the uni11 formed services. 

12 (2) It is the sense of the Senate that the Na13 tional Intelligence Director shall seek input from the 

14 Secretary of Defense, the Secretaries of the military 

15 departments, and, as appropriate, the Secretary of 

16 Homeland Security in developing and implementing 

17 such policies and programs. 

18 (d) PERFORMANCE OF COMMON SERVICES.—(1) The 

19 National Intelligence Director shall, in consultation with 

20 the heads of departments and agencies of the United 

21 States Government containing elements within the intel22 ligence community and with the Director of the Central 

23 Intelligence Agency, direct and coordinate the perform24 ance by the elements of the intelligence community within 

25 the National Intelligence Program of such services as are 
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1 of common concern to the intelligence community, which 

2 services the National Intelligence Director determines can 

3 be more efficiently accomplished in a consolidated manner. 

4 (2) The services performed under paragraph (1) shall 

5 include research and development on technology for use 

6 in national intelligence missions. 

7 (e) REGULATIONS.—The National Intelligence Direc8 tor may prescribe regulations relating to the discharge and 

9 enforcement of the responsibilities of the Director under 

10 this section. 

11 SEC. 113. AUTHORITIES OF NATIONAL INTELLIGENCE DI12 RECTOR. 

13 (a) ACCESS TO INTELLIGENCE.—Unless otherwise di14 rected by the President, the National Intelligence Director 

15 shall have access to all intelligence collected by any depart16 ment, agency, or other element of the United States Gov17 ernment. 

18 (b) DETERMINATION OF BUDGETS FOR NIP AND

19 OTHER INTELLIGENCE ACTIVITIES.—The National Intel20 ligence Director shall determine the annual budget for the 

21 intelligence and intelligence-related activities of the United 

22 States Government under section 112(a)(1) by— 

23 (1) providing to the heads of the departments 

24 containing agencies or elements within the intel25 ligence community and that have one or more pro-
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1 grams, projects, or activities within the National In2 telligence program, and to the heads of such agen3 cies and elements, guidance for development of the 

4 National Intelligence Program budget pertaining to 

5 such agencies or elements; 

6 (2) developing and presenting to the President 

7 an annual budget for the National Intelligence Pro8 gram after consultation with the heads of agencies 

9 or elements, and the heads of their respective de10 partments, under paragraph (1), including, in fur11 therance of such budget, the review, modification, 

12 and approval of budgets of the agencies or elements 

13 of the intelligence community with one or more pro14 grams, projects, or activities within the National In15 telligence Program utilizing the budget authorities in 

16 subsection (c)(1); 

17 (3) providing guidance on the development of 

18 annual budgets for each element of the intelligence 

19 community that does not have any program, project, 

20 or activity within the National Intelligence Program 

21 utilizing the budget authorities in subsection (c)(2); 

22 (4) participating in the development by the Sec23 retary of Defense of the annual budget for military 

24 intelligence programs and activities outside the Na25 tional Intelligence Program; 
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1 (5) receiving the appropriations for the Na2 tional Intelligence Program as specified in sub3 section (d) and allotting and allocating funds to 

4 agencies and elements of the intelligence community; 

5 and 

6 (6) managing and overseeing the execution by 

7 the agencies or elements of the intelligence commu8 nity, and, if necessary, the modification of the an9 nual budget for the National Intelligence Program, 

10 including directing the reprogramming and transfer 

11 of funds, and the transfer of personnel, among and 

12 between elements of the intelligence community 

13 within the National Intelligence Program utilizing 

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

15 (c) BUDGET AUTHORITIES.—(1)(A) In developing 

16 and presenting an annual budget for the elements of the 

17 intelligence community within the National Intelligence 

18 Program under subsection (b)(1), the National Intel19 ligence Director shall coordinate, prepare, and present to 

20 the President the annual budgets of those elements, in 

21 consultation with the heads of those elements. 

22 (B) If any portion of the budget for an element of 

23 the intelligence community within the National Intel24 ligence Program is prepared outside the Office of the Na25 tional Intelligence Director, the Director— 
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1 (i) shall approve such budget before submission 

2 to the President; and 

3 (ii) may modify, or may require modifications, 

4 of such budget to meet the requirements and prior5 ities of the Director before approving such budget 

6 under clause (i). 

7 (C) The budget of an agency or element of the intel8 ligence community with one or more programs, projects, 

9 or activities within the National Intelligence Program may 

10 not be provided to the President unless the Director has 

11 first approved such budget as it pertains to those pro12 grams, projects, and activities within the National Intel13 ligence Program. 

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

15 development of the annual budgets for each agency or ele16 ment of the intelligence community that does not have any 

17 program, project, or activity within the National Intel18 ligence Program. 

19 (B) The heads of the agencies or elements of the in20 telligence community, and the heads of their respective de21 partments, referred to in subparagraph (A) shall coordi22 nate closely with the Director in the development of the 

23 budgets of such agencies or elements, before the submis24 sion of their recommendations on such budgets to the 

25 President. 
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1 (d) JURISDICTION OF FUNDS UNDER NIP.—(1) Not2 withstanding any other provision of law and consistent 

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

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

5 available for the National Intelligence Program shall be 

6 appropriated to the National Intelligence Authority and, 

7 pursuant to subsection (e), under the direct jurisdiction 

8 of the National Intelligence Director. 

9 (2) The Director shall manage and oversee the execu10 tion by each element of the intelligence community of any 

11 amounts appropriated or otherwise made available to such 

12 element under the National Intelligence Program. 

13 (e) ACCOUNTS FOR ADMINISTRATION OF NIP 

14 FUNDS.—(1) The Secretary of the Treasury shall, in con15 sultation with the National Intelligence Director, establish 

16 accounts for the funds under the jurisdiction of the Direc17 tor under subsection (d) for purposes of carrying out the 

18 responsibilities and authorities of the Director under this 

19 Act with respect to the National Intelligence Program. 

20 (2) The National Intelligence Director shall— 

21 (A) control and manage the accounts estab22 lished under paragraph (1); and 

23 (B) with the concurrence of the Director of the 

24 Office of Management and Budget, establish proce-
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1 dures governing the use (including transfers and 

2 reprogrammings) of funds in such accounts. 

3 (3)(A) To the extent authorized by law, a certifying 

4 official shall follow the procedures established under para5 graph (2)(B) with regard to each account established 

6 under paragraph (1). Disbursements from any such ac7 count shall only be made against a valid obligation of such 

8 account. 

9 (B) In this paragraph, the term ‘‘certifying official’, 

10 with respect to an element of the intelligence community, 

11 means an employee of the element who has responsibilities 

12 specified in section 3528(a) of title 31, United States 

13 Code. 

14 (4) The National Intelligence Director shall allot 

15 funds deposited in an account established under para16 graph (1) directly to the elements of the intelligence com17 munity concerned in accordance with the procedures es18 tablished under paragraph (2)(B). 

19 (5) Each account established under paragraph (1) 

20 shall be subject to chapters 13 and 15 of title 31, United 

21 States Code, other than sections 1503 and 1556 of that 

22 title. 

23 (6) Nothing in this subsection shall be construed to 

24 impair or otherwise affect the authority granted by sub-
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1 section (g)(3) or by section 5 or 8 of the Central Intel2 ligence Agency Act of 1949 (50 U.S.C. 403f, 403j). 

3 (f) ROLE IN REPROGRAMMING OR TRANSFER OF NIP 

4 FUNDS BY ELEMENTS OF INTELLIGENCE COMMUNITY.— 

5 (1) No funds made available under the National Intel6 ligence Program may be reprogrammed or transferred by 

7 any agency or element of the intelligence community with8 out the prior approval of the National Intelligence Direc9 tor except in accordance with procedures issued by the Di10 rector. 

11 (2) The head of the department concerned shall con12 sult with the Director before reprogramming or transfer13 ring funds appropriated or otherwise made available to an 

14 agency or element of the intelligence community that does 

15 not have any program, project, or activity within the Na16 tional Intelligence Program. 

17 (3) The Director shall, before reprogramming funds 

18 appropriated or otherwise made available for an element 

19 of the intelligence community within the National Intel20 ligence Program, consult with the head of the department 

21 or agency having jurisdiction over such element regarding 

22 such reprogramming. 

23 (4)(A) The Director shall consult with the appro24 priate committees of Congress regarding modifications of 
33 

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1 existing procedures to expedite the reprogramming of 

2 funds within the National Intelligence Program. 

3 (B) Any modification of procedures under subpara4 graph (A) shall include procedures for the notification of 

5 the appropriate committees of Congress of any objection 

6 raised by the head of a department or agency to a re7 programming proposed by the Director as a result of con8 sultations under paragraph (3). 

9 (g) TRANSFER OR REPROGRAMMING OF FUNDS AND

10 TRANSFER OF PERSONNEL WITHIN NIP.—(1) In addi11 tion to any other authorities available under law for such 

12 purposes, the National Intelligence Director, with the ap13 proval of the Director of the Office of Management and 

14 Budget and after consultation with the heads of the de15 partments containing agencies or elements within the in16 telligence community to the extent their subordinate agen17 cies or elements are affected, with the heads of such subor18 dinate agencies or elements, and with the Director of the 

19 Central Intelligence Agency to the extent the Central In20 telligence Agency is affected, may— 

21 (A) transfer or reprogram funds appropriated 

22 for a program within the National Intelligence Pro23 gram to another such program; 

24 (B) review, and approve or disapprove, any pro25 posal to transfer or reprogram funds from appro-
34 

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1 priations that are not for the National Intelligence 

2 Program to appropriations for the National Intel3 ligence Program; 

4 (C) in accordance with procedures to be devel5 oped by the National Intelligence Director, transfer 

6 personnel of the intelligence community funded 

7 through the National Intelligence Program from one 

8 element of the intelligence community to another ele9 ment of the intelligence community; and 

10 (D) in accordance with procedures to be devel11 oped by the National Intelligence Director and the 

12 heads of the departments and agencies concerned, 

13 transfer personnel of the intelligence community not 

14 funded through the National Intelligence Program 

15 from one element of the intelligence community to 

16 another element of the intelligence community. 

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

18 under this subsection only if— 

19 (A) the funds or personnel are being trans20 ferred to an activity that is a higher priority intel21 ligence activity; 

22 (B) the transfer does not involve a transfer of 

23 funds to the Reserve for Contingencies; and 

24 (C) the transfer does not exceed applicable ceil25 ings established in law for such transfers; 
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1 (D) the personnel are not uniformed; and 

2 (E) uniformed services personnel, except that 

3 the Director may transfer military positions or bil4 lets if such transfer is for a period not to exceed 

5 three years; and 

6 (E) nothing in section 143(i) or 144(f) shall be 

7 construed to authorize the Director to specify or re8 quire the head of a department, agency, or element 

9 of the United States Government to approve a re10 quest for the transfer, assignment, or detail of uni11 formed services personnel, except that the Director 

12 may take such action with regard to military posi13 tions or billets if such transfer is for a period not 

14 to exceed three years. 

15 (3) Funds transferred under this subsection shall re16 main available for the same period as the appropriations 

17 account to which transferred. 

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

19 be carried out in accordance with existing procedures ap20 plicable to reprogramming notifications for the appro21 priate congressional committees. Any proposed transfer 

22 for which notice is given to the appropriate congressional 

23 committees shall be accompanied by a report explaining 

24 the nature of the proposed transfer and how it satisfies 

25 the requirements of this subsection. In addition, the con-
36 

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1 gressional intelligence committees shall be promptly noti2 fied of any transfer of funds made pursuant to this sub3 section in any case in which the transfer would not have 

4 otherwise required reprogramming notification under pro5 cedures in effect as of October 24, 1992. 

6 (5)(A) The National Intelligence Director shall 

7 promptly submit to the appropriate committees of Con8 gress a report on any transfer of personnel made pursuant 

9 to this subsection. The Director shall include in any such 

10 report an explanation of the nature of the transfer and 

11 how it satisfies the requirements of this subsection. 

12 (B) In this paragraph, the term ‘‘appropriate com13 mittees of Congress’’ means— 

14 (i)(I) the Committee on Appropriations and the 

15 Select Committee on Intelligence of the Senate; and 

16 (II) the Committee on Appropriations and the 

17 Permanent Select Committee on Intelligence of the 

18 House of Representatives; 

19 (ii) in the case of a transfer of personnel to or 

20 from the Department of Defense— 

21 (I) the committees and select committees 

22 referred to in clause (i); 

23 (II) the Committee on Armed Services of 

24 the Senate; and 
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1 (III) the Committee on Armed Services of 

2 the House of Representatives; 

3 (iii) in the case of a transfer of personnel to or 

4 from the Federal Bureau of Investigation— 

5 (I) the committees and select committees 

6 referred to in clause (i); 

7 (II) the Committee on the Judiciary of the 

8 Senate; and 

9 (III) the Committee on the Judiciary of 

10 the House of Representatives; and 

11 (iv) in the case of a transfer of personnel to or 

12 from the Department of Homeland Security— 

13 (I) the committees and select committees 

14 referred to in clause (i); 

15 (II) the Committee on Governmental Af16 fairs of the Senate; and 

17 (III) the Select Committee on Homeland 

18 Security of the House of Representatives. 

19 (h) INFORMATION TECHNOLOGY AND COMMUNICA20 TIONS.—(1) In conforming with section 206, in carrying 

21 out section 112(a)(18), the National Intelligence Director 

22 shall— 

23 (A) establish standards for information tech24 nology and communications across the intelligence 

25 community; 
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1 (B) develop an integrated information tech2 nology network and enterprise architecture for the 

3 intelligence community, including interface stand4 ards for interoperability to enable automated infor5 mation-sharing among elements of the intelligence 

6 community; 

7 (C) maintain an inventory of critical informa8 tion technology and communications systems, and 

9 eliminate unnecessary or duplicative systems; 

10 (D) establish contingency plans for the intel11 ligence community regarding information technology 

12 and communications; and 

13 (E) establish policies, doctrine, training, and 

14 other measures necessary to ensure that the intel15 ligence community develops an integrated informa16 tion technology and communications network that 

17 ensures information-sharing. 

18 (2) Consistent with section 206 and the Clinger19 Cohen Act (divisions D and E of Public Law 104–106; 

20 110 Stat. 642), the Director shall take any action nec21 essary, including the setting of standards for information 

22 technology and communications across the intelligence 

23 community, to develop an integrated information tech24 nology and communications network that ensures informa25 tion-sharing across the intelligence community. 
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1 (i) COORDINATION WITH FOREIGN GOVERN2 MENTS.—In a manner consistent with section 207 of the 

3 Foreign Service Act of 1980 (22 U.S.C. 3927), the Na4 tional Intelligence Director shall oversee and direct the Di5 rector of the Central Intelligence Agency in coordinating, 

6 under section 103(f) of the National Security Act of 1947, 

7 the relationships between elements of the intelligence com8 munity and the intelligence or security services of foreign 

9 governments or international organizations on all matters 

10 involving intelligence related to the national security. 

11 (j) OPEN SOURCE INFORMATION COLLECTION.—The 

12 National Intelligence Director shall establish and maintain 

13 within the intelligence community an effective and effi14 cient open-source information collection capability. 

15 (k) ACCESS TO INFORMATION.—Except as otherwise 

16 directed by the President, the head of any department, 

17 agency, or other element of the United States Government 

18 shall promptly provide the National Intelligence Director 

19 such information in the possession or under the control 

20 of such element as the Director may request in order to 

21 facilitate the exercise of the authorities and responsibilities 

22 of the Director under this Act. 

23 SEC. 114. FUNDING OF INTELLIGENCE ACTIVITIES. 

24 (a) FUNDING OF ACTIVITIES.—(1) Notwithstanding 

25 any other provision of this Act, appropriated funds avail-
40 

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1 able to an intelligence agency may be obligated or ex2 pended for an intelligence or intelligence-related activity 

3 only if— 

4 (A) those funds were specifically authorized by 

5 the Congress for use for such activities; 

6 (B) in the case of funds from the Reserve for 

7 Contingencies of the National Intelligence Director, 

8 and consistent with the provisions of section 503 of 

9 the National Security Act of 1947 (50 U.S.C. 413b) 

10 concerning any significant anticipated intelligence 

11 activity, the National Intelligence Director has noti12 fied the appropriate congressional committees of the 

13 intent to make such funds available for such activity; 

14 or 

15 (C) in the case of funds specifically authorized 

16 by the Congress for a different activity— 

17 (i) the activity to be funded is a higher pri18 ority intelligence or intelligence-related activity; 

19 and 

20 (ii) the National Intelligence Director, the 

21 Secretary of Defense, or the Attorney General, 

22 as appropriate, has notified the appropriate 

23 congressional committees of the intent to make 

24 such funds available for such activity. 
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1 (2) Nothing in this subsection prohibits the obligation 

2 or expenditure of funds available to an intelligence agency 

3 in accordance with sections 1535 and 1536 of title 31, 

4 United States Code. 

5 (b) APPLICABILITY OF OTHER AUTHORITIES.—Not6 withstanding any other provision of this Act, appropriated 

7 funds available to an intelligence agency may be obligated 

8 or expended for an intelligence, intelligence-related, or 

9 other activity only if such obligation or expenditure is con10 sistent with subsections (b), (c), and (d) of section 504 

11 of the National Security Act of 1947 (50 U.S.C. 414). 

12 (c) DEFINITIONS.—In this section: 

13 (1) The term ‘‘intelligence agency’’ means any 

14 department, agency, or other entity of the United 

15 States involved in intelligence or intelligence-related 

16 activities. 

17 (2) The term ‘‘appropriate congressional com18 mittees’’ means— 

19 (A)(i) the Permanent Select Committee on 

20 Intelligence and the Committee on Appropria21 tions of the House of Representatives; and 

22 (ii) the Select Committee on Intelligence 

23 and the Committee on Appropriations of the 

24 Senate; 
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1 (B) in the case of a transfer of funds to 

2 or from, or a reprogramming within, the De3 partment of Defense— 

4 (i) the committees and select commit5 tees referred to in subparagraph (A); 

6 (ii) the Committee on Armed Services 

7 of the House of Representatives; and 

8 (iii) the Committee on Armed Services 

9 of the Senate; and 

10 (C) in the case of a transfer of funds to or 

11 from, or a reprogramming within, the Federal 

12 Bureau of Investigation— 

13 (i) the committees and select commit14 tees referred to in subparagraph (A); 

15 (ii) the Committee on the Judiciary of 

16 the House of Representatives; and 

17 (iii) the Committee on the Judiciary 

18 of the Senate. 

19 (3) The term ‘‘specifically authorized by the 

20 Congress’’ means that— 

21 (A) the activity and the amount of funds 

22 proposed to be used for that activity were iden23 tified in a formal budget request to the Con24 gress, but funds shall be deemed to be specifi25 cally authorized for that activity only to the ex-
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1 tent that the Congress both authorized the 

2 funds to be appropriated for that activity and 

3 appropriated the funds for that activity; or 

4 (B) although the funds were not formally 

5 requested, the Congress both specifically au6 thorized the appropriation of the funds for the 

7 activity and appropriated the funds for the ac8 tivity. 

9 SEC. 115. ENHANCED PERSONNEL MANAGEMENT. 

10 (a) REWARDS FOR SERVICE IN CERTAIN POSI11 TIONS.—(1) The National Intelligence Director shall pre12 scribe regulations to provide incentives for service on the 

13 staff of the national intelligence centers, on the staff of 

14 the National Counterterrorism Center, and in other posi15 tions in support of the intelligence community manage16 ment functions of the Director. 

17 (2) Incentives under paragraph (1) may include fi18 nancial incentives, bonuses, and such other awards and 

19 incentives as the Director considers appropriate. 

20 (b) ENHANCED PROMOTION FOR SERVICE UNDER

21 NID.—Notwithstanding any other provision of law, the 

22 National Intelligence Director shall ensure that personnel 

23 of an element of the intelligence community who are as24 signed or detailed to service under the National Intel25 ligence Director shall be promoted at rates equivalent to 
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1 or better than personnel of such element who are not so 

2 assigned or detailed. 

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

4 section 112(a)(8), the National Intelligence Director shall 

5 prescribe mechanisms to facilitate the rotation of per6 sonnel of the intelligence community through various ele7 ments of the intelligence community in the course of their 

8 careers in order to facilitate the widest possible under9 standing by such personnel of the variety of intelligence 

10 requirements, methods, and disciplines. 

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

12 may include the following: 

13 (A) The establishment of special occupational 

14 categories involving service, over the course of a ca15 reer, in more than one element of the intelligence 

16 community. 

17 (B) The provision of rewards for service in posi18 tions undertaking analysis and planning of oper19 ations involving two or more elements of the intel20 ligence community. 

21 (C) The establishment of requirements for edu22 cation, training, service, and evaluation that involve 

23 service in more than one element of the intelligence 

24 community. 
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1 (3) It is the sense of Congress that the mechanisms 

2 prescribed under this subsection should, to the extent 

3 practical, seek to duplicate within the intelligence commu4 nity the joint officer management policies established by 

5 the Goldwater-Nichols Department of Defense Reorga6 nization Act of 1986 (Public Law 99–433) and the amend7 ments on joint officer management made by that Act. 

8 SEC. 116. SECURITY CLEARANCES. 

9 (a) IN GENERAL.—The President, in consultation 

10 with the National Intelligence Director, the department, 

11 agency, or element selected under (b), and other appro12 priate officials shall— 

13 (1) establish uniform standards and procedures 

14 for the grant of access to classified information for 

15 employees and contractor personnel of the United 

16 States Government who require access to such infor17 mation; 

18 (2) ensure the consistent implementation of the 

19 standards and procedures established under para20 graph (1) throughout the departments, agencies, and 

21 elements of the United States Government and 

22 under contracts entered into by such departments, 

23 agencies, and elements; 

24 (3) ensure that an individual who is granted or 

25 continued eligibility for access to classified informa-
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1 tion is treated by each department, agency, or ele2 ment of the executive branch as eligible for access to 

3 classified information at that level for all purposes 

4 of each such department, agency, or element, re5 gardless of which department, agency, or element of 

6 the executive branch granted or continued the eligi7 bility of such individual for access to classified infor8 mation; 

9 (4) establish uniform requirements and stand10 ards, including for security questionnaires, financial 

11 disclosure requirements, and standards for admin12 istering polygraph examinations, to be utilized for 

13 the performance of security clearance investigations, 

14 including by the contractors conducting such inves15 tigations; and 

16 (5) ensure that the database established under 

17 subsection (b)(2)(B) meets the needs of the intel18 ligence community. 

19 (b) PERFORMANCE OF SECURITY CLEARANCE INVES20 TIGATIONS.—(1) Not later than 45 days after the date of 

21 the enactment of this Act, the President shall select a sin22 gle department, agency, or element of the executive branch 

23 to conduct all security clearance investigations of employ24 ees and contractor personnel of the United States Govern25 ment who require access to classified information and to 
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1 provide and maintain all security clearances of such em2 ployees and contractor personnel. 

3 (2) The department, agency, or element selected 

4 under paragraph (1) shall— 

5 (A) take all necessary actions to carry out 

6 the requirements of this section, including en7 tering into a memorandum of understanding 

8 with any agency carrying out responsibilities re9 lating to security clearances or security clear10 ance investigations before the date of the enact11 ment of this Act; 

12 (B) as soon as practicable, establish and 

13 maintain a single database for tracking security 

14 clearance applications, security clearance inves15 tigations, and determinations of eligibility for 

16 security clearances, which database shall incor17 porate applicable elements of similar databases 

18 in existence on the date of the enactment of 

19 this Act; and 

20 (C) ensure that security clearance inves21 tigations are conducted in accordance with uni22 form standards and requirements established 

23 under subsection (a)(4), including uniform se24 curity questionnaires and financial disclosure 

25 requirements. 
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1 (c) ADJUDICATION AND GRANT OF SECURITY CLEAR2 ANCES.—(1) Each agency that adjudicates and grants se3 curity clearances as of the date of the enactment of this 

4 Act may continue to adjudicate and grant security clear5 ances after that date. 

6 (2) Each agency that adjudicates and grants security 

7 clearances shall specify to the department, agency, or ele8 ment selected under subsection (b) the level of security 

9 clearance investigation required for an individual under its 

10 jurisdiction. 

11 (3) Upon granting or continuing eligibility for access 

12 to classified information to an individual under its juris13 diction, an agency that adjudicates and grants security 

14 clearances shall submit to the department, agency, or ele15 ment selected under subsection (b) notice of that action, 

16 including the level of access to classified information 

17 granted. 

18 (d) UTILIZATION OF PERSONNEL.—There shall be 

19 transferred to the department, agency, or element selected 

20 under subsection (b) any personnel of any executive agen21 cy whose sole function as of the date of the enactment 

22 of this Act is the performance of security clearance inves23 tigations. 

24 (e) TRANSITION.—The President shall take appro25 priate actions to ensure that the performance of security 
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1 clearance investigations under this section commences not 

2 later than one year after the date of the enactment of this 

3 Act. 

4 SEC. 117. NATIONAL INTELLIGENCE RESERVE CORPS. 

5 (a) ESTABLISHMENT.—The National Intelligence Di6 rector may provide for the establishment and training of 

7 a National Intelligence Reserve Corps (in this section re8 ferred to as ‘‘National Intelligence Reserve Corps’’) for the 

9 temporary reemployment on a voluntary basis of former 

10 employees of elements of the intelligence community dur11 ing periods of emergency, as determined by the Director. 

12 (b) ELIGIBLE INDIVIDUALS.—An individual may par13 ticipate in the National Intelligence Reserve Corps only 

14 if the individual previously served as a full time employee 

15 of an element of the intelligence community. 

16 (c) PERSONNEL STRENGTH LEVEL.—Congress shall 

17 authorize the personnel strength level for the National In18 telligence Reserve Corps for each fiscal year. 

19 (d) TERMS OF PARTICIPATION.—The National Intel20 ligence Director shall prescribe the terms and conditions 

21 under which eligible individuals may participate in the Na22 tional Intelligence Reserve Corps. 

23 (e) EXPENSES.—The National Intelligence Director 

24 may provide members of the National Intelligence Reserve 

25 Corps transportation and per diem in lieu of subsistence 
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1 for purposes of participating in any training that relates 

2 to service as a member of the Reserve Corps. 

3 (f) TREATMENT OF ANNUITANTS.—(1) If an annu4 itant receiving an annuity from the Civil Service Retire5 ment and Disability Fund becomes temporarily reem6 ployed pursuant to this section, such annuity shall not be 

7 discontinued thereby. 

8 (2) An annuitant so reemployed shall not be consid9 ered an employee for the purposes of chapter 83 or 84 

10 of title 5, United States Code. 

11 (g) TREATMENT UNDER NATIONAL INTELLIGENCE

12 AUTHORITY PERSONNEL CEILING.—A member of the Na13 tional Intelligence Reserve Corps who is reemployed on a 

14 temporary basis pursuant to this section shall not count 

15 against any personnel ceiling applicable to the National 

16 Intelligence Authority. 

17 SEC. 118. APPOINTMENT AND TERMINATION OF CERTAIN 

18 OFFICIALS RESPONSIBLE FOR INTEL19 LIGENCE-RELATED ACTIVITIES. 

20 (a) RECOMMENDATION OF NID IN CERTAIN AP21 POINTMENT.—In the event of a vacancy in the position 

22 of Director of the Central Intelligence Agency, the Na23 tional Intelligence Director shall recommend to the Presi24 dent an individual for nomination to fill the vacancy. 
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1 (b) NID RECOMMENDATION OR CONCURRENCE IN

2 CERTAIN APPOINTMENTS.—With respect to any position 

3 as head of an agency, organization, or element within the 

4 intelligence community (other than the Director of the 

5 Central Intelligence Agency)— 

6 (1) if the appointment to such position is made 

7 by the President, any recommendation to the Presi8 dent to nominate or appoint an individual to such 

9 position shall be accompanied by the recommenda10 tion of the National Intelligence Director with re11 spect to the nomination or appointment of such indi12 vidual to such position; and 

13 (2) if the appointment to such position is made 

14 by the head of the department containing such agen15 cy, organization, or element, the Director of the 

16 Central Intelligence Agency, or a subordinate official 

17 of such department or of the Central Intelligence 

18 Agency, no individual may be appointed to such po19 sition without the concurrence of the National Intel20 ligence Director. 

21 (c) PRESIDENTIAL AUTHORITY.—This section, and 

22 the amendments made by this section, shall apply to the 

23 fullest extent consistent with the authority of the Presi24 dent under the Constitution relating to nomination, ap-
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1 pointment, and supervision of the unitary executive 

2 branch. 

3 (d) RECOMMENDATION OF NID ON TERMINATION OF

4 SERVICE.—(1) The National Intelligence Director may 

5 recommend to the President or the head of the department 

6 or agency concerned the termination of service of any indi7 vidual serving in any position covered by this section. 

8 (2) In the event the Director intends to recommend 

9 to the President the termination of service of an individual 

10 under paragraph (1), the Director shall seek the concur11 rence of the head of the department or agency concerned. 

12 If the head of the department or agency concerned does 

13 not concur in the recommendation, the Director may make 

14 the recommendation to the President without the concur15 rence of the head of the department or agency concerned, 

16 but shall notify the President that the head of the depart17 ment or agency concerned does not concur in the rec18 ommendation. 

19 (e) CONFORMING AMENDMENTS.—(1) Section 201 of 

20 title 10, United States Code, is amended— 

21 (A) by striking subsection (a); 

22 (B) by redesignating subsections (b) and (c) as 

23 subsections (a) and (b), respectively; 
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1 (C) by striking ‘‘Director of Central Intel2 ligence’’ each place it appears and inserting ‘‘Na3 tional Intelligence Director’’; 

4 (D) in subsection (a), as so redesignated— 

5 (i) in paragraph (1)— 

6 (I) by striking ‘‘seek’’ and inserting 

7 ‘‘obtain’’; and 

8 (II) by striking the second sentence; 

9 and 

10 (ii) in paragraph (2)— 

11 (I) by redesignating subparagraphs 

12 (B) and (C) as subparagraphs (C) and 

13 (D), respectively; and 

14 (II) by inserting after subparagraph 

15 (A) the following new subparagraph (B): 

16 ‘‘(B) The Director of the Defense Intelligence 

17 Agency.’’; and 

18 (E) in paragraph (2) of subsection (b), as so re19 designated— 

20 (i) by redesignating subparagraphs (B) 

21 and (C) as subparagraphs (C) and (D), respec22 tively; and 

23 (ii) by inserting after subparagraph (A) 

24 the following new subparagraph (B): 
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1 ‘‘(B) The Director of the Defense Intelligence 

2 Agency.’’. 

3 (2)(A) The heading of such section is amended by 

4 striking ‘‘consultation and’’. 

5 (B) The table of sections at the beginning of sub6 chapter II of chapter 8 of such title is amended in the 

7 item relating to section 201 by striking ‘‘consultation 

8 and’’. 

9 SEC. 119. RESERVE FOR CONTINGENCIES. 

10 (a) ESTABLISHMENT.—There is hereby established 

11 on the books of the Treasury an account to be known as 

12 the Reserve for Contingencies for the National Intelligence 

13 Director and the Director of the Central Intelligence 

14 Agency. 

15 (b) ELEMENTS.—The Reserve shall consist of the fol16 lowing elements: 

17 (1) Amounts authorized to be appropriated to 

18 the Reserve. 

19 (2) Any amounts authorized to be transferred 

20 to or deposited in the Reserve by law. 

21 (c) AVAILABILITY.—Amounts in the Reserve shall be 

22 available for such purposes as are provided by law. Any 

23 use of funds from the Reserve shall be subject to the direc24 tion and approval of the National Intelligence Director 

25 and in accordance with procedures issued by the Director. 
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1 (d) TRANSFER OF FUNDS OF RESERVE FOR CONTIN2 GENCIES OF CIA.—There shall be transferred to the Re3 serve for Contingencies all unobligated balances of the Re4 serve for Contingencies of the Central Intelligence Agency 

5 as of the date of the enactment of this Act. 

6 Subtitle C—Office of the National 

7 Intelligence Director 

8 SEC. 121. OFFICE OF THE NATIONAL INTELLIGENCE DIREC9 TOR. 

10 (a) OFFICE OF NATIONAL INTELLIGENCE DIREC11 TOR.—There is within the National Intelligence Authority 

12 an Office of the National Intelligence Director. 

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

14 National Intelligence Director is to assist the National In15 telligence Director in carrying out the duties and respon16 sibilities of the Director under this Act, the National Secu17 rity Act of 1947 (50 U.S.C. 401 et seq.), and other appli18 cable provisions of law, and to carry out such other duties 

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

20 (c) COMPOSITION.—The Office of the National Intel21 ligence Director is composed of the following: 

22 (1) The Principal Deputy National Intelligence 

23 Director. 

24 (2) Any Deputy National Intelligence Director 

25 appointed under section 122(b). 
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1 (3) The National Intelligence Council. 

2 (4) The General Counsel of the National Intel3 ligence Authority. 

4 (5) The Officer for Civil Rights and Civil Lib5 erties of the National Intelligence Authority. 

6 (6) The Privacy Officer of the National Intel7 ligence Authority. 

8 (7) The Chief Information Officer of the Na9 tional Intelligence Authority. 

10 (8) The Chief Human Capital Officer of the 

11 National Intelligence Authority. 

12 (9) The Chief Financial Officer of the National 

13 Intelligence Authority. 

14 (10) The Chief Scientist of the National Intel15 ligence Authority. 

16 (11) The National Counterintelligence Execu17 tive (including the Office of the National Counter18 intelligence Executive). 

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

20 established by law or the Director may establish or 

21 designate in the Office. 

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

23 Director in fulfilling the duties and responsibilities of the 

24 Director, the Director shall employ and utilize in the Of25 fice of the National Intelligence Director a professional 
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1 staff having an expertise in matters relating to such duties 

2 and responsibilities, and may establish permanent posi3 tions and appropriate rates of pay with respect to that 

4 staff. 

5 (2) The staff of the Office of the National Intelligence 

6 Director under paragraph (1) shall include the staff of the 

7 Office of the Deputy Director of Central Intelligence for 

8 Community Management that is transferred to the Office 

9 of the National Intelligence Director under section 321. 

10 (e) PROHIBITION ON CO-LOCATION WITH OTHER

11 ELEMENTS OF INTELLIGENCE COMMUNITY.—Com12 mencing as of October 1, 2006, the Office of the National 

13 Intelligence Director may not be co-located with any other 

14 element of the intelligence community. 

15 SEC. 122. DEPUTY NATIONAL INTELLIGENCE DIRECTORS. 

16 (a) PRINCIPAL DEPUTY NATIONAL INTELLIGENCE

17 DIRECTOR.—(1) There is a Principal Deputy National In18 telligence Director who shall be appointed by the Presi19 dent, by and with the advice and consent of the Senate. 

20 (2) In the event of a vacancy in the position of Prin21 cipal Deputy National Intelligence Director, the National 

22 Intelligence Director shall recommend to the President an 

23 individual for appointment as Principal Deputy National 

24 Intelligence Director. 
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1 (3) Any individual nominated for appointment as 

2 Principal Deputy National Intelligence Director shall have 

3 extensive national security experience and management 

4 expertise. 

5 (4) The individual serving as Principal Deputy Na6 tional Intelligence Director may not, while so serving, 

7 serve in any capacity in any other element of the intel8 ligence community, except to the extent that the individual 

9 serving as Principal Deputy National Intelligence Director 

10 is doing so in an acting capacity. 

11 (5) The Principal Deputy National Intelligence Di12 rector shall assist the National Intelligence Director in 

13 carrying out the duties and responsibilities of the Director. 

14 (6) The Principal Deputy National Intelligence Di15 rector shall act for, and exercise the powers of, the Na16 tional Intelligence Director during the absence or dis17 ability of the National Intelligence Director or during a 

18 vacancy in the position of National Director of Intel19 ligence. 

20 (b) DEPUTY NATIONAL INTELLIGENCE DIREC21 TORS.—(1) There may be not more than four Deputy Na22 tional Intelligence Directors who shall be appointed by the 

23 President. 

24 (2) In the event of a vacancy in any position of Dep25 uty National Intelligence Director established under this 
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1 subsection, the National Intelligence Director shall rec2 ommend to the President an individual for appointment 

3 to such position. 

4 (3) Each Deputy National Intelligence Director ap5 pointed under this subsection shall have such duties, re6 sponsibilities, and authorities as the National Intelligence 

7 Director may assign or are specified by law. 

8 SEC. 123. NATIONAL INTELLIGENCE COUNCIL. 

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

10 National Intelligence Council. 

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

12 Council shall be composed of senior analysts within the 

13 intelligence community and substantive experts from the 

14 public and private sector, who shall be appointed by, re15 port to, and serve at the pleasure of, the National Intel16 ligence Director. 

17 (2) The Director shall prescribe appropriate security 

18 requirements for personnel appointed from the private sec19 tor as a condition of service on the Council, or as contrac20 tors of the Council or employees of such contractors, to 

21 ensure the protection of intelligence sources and methods 

22 while avoiding, wherever possible, unduly intrusive re23 quirements which the Director considers to be unnecessary 

24 for this purpose. 
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1 (c) DUTIES AND RESPONSIBILITIES.—(1) The Na2 tional Intelligence Council shall— 

3 (A) produce national intelligence estimates for 

4 the United States Government, including alternative 

5 views held by elements of the intelligence community 

6 and other information as specified in paragraph (2); 

7 (B) evaluate community-wide collection and 

8 production of intelligence by the intelligence commu9 nity and the requirements and resources of such col10 lection and production; and 

11 (C) otherwise assist the National Intelligence 

12 Director in carrying out the responsibilities of the 

13 Director under section 111. 

14 (2) The National Intelligence Director shall ensure 

15 that the Council satisfies the needs of policymakers and 

16 other consumers of intelligence by ensuring that each na17 tional intelligence estimate under paragraph (1), and each 

18 other National Intelligence Council product— 

19 (A) states separately, and distinguishes be20 tween, the intelligence underlying such estimate or 

21 product and the assumptions and judgments of ana22 lysts with respect to such intelligence and such esti23 mate or product; 

24 (B) describes the quality and reliability of the 

25 intelligence underlying such estimate or product; 
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1 (C) presents and explains alternative conclu2 sions, if any, with respect to the intelligence under3 lying such estimate or product and such estimate or 

4 product, as the case may be; and 

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

6 confidence in such estimate or product. 

7 (d) SERVICE AS SENIOR INTELLIGENCE ADVISERS.— 

8 Within their respective areas of expertise and under the 

9 direction of the National Intelligence Director, the mem10 bers of the National Intelligence Council shall constitute 

11 the senior intelligence advisers of the intelligence commu12 nity for purposes of representing the views of the intel13 ligence community within the United States Government. 

14 (e) AUTHORITY TO CONTRACT.—Subject to the di15 rection and control of the National Intelligence Director, 

16 the National Intelligence Council may carry out its respon17 sibilities under this section by contract, including con18 tracts for substantive experts necessary to assist the 

19 Council with particular assessments under this section. 

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

21 make available to the National Intelligence Council such 

22 staff as may be necessary to permit the Council to carry 

23 out its responsibilities under this section. 

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

25 The National Intelligence Director shall take appropriate 
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1 measures to ensure that the National Intelligence Council 

2 and its staff satisfy the needs of policymaking officials and 

3 other consumers of intelligence. 

4 (2) The Council shall be readily accessible to policy5 making officials and other appropriate individuals not oth6 erwise associated with the intelligence community. 

7 (h) SUPPORT.—The heads of the elements of the in8 telligence community shall, as appropriate, furnish such 

9 support to the National Intelligence Council, including the 

10 preparation of intelligence analyses, as may be required 

11 by the National Intelligence Director. 

12 (i) NATIONAL INTELLIGENCE COUNCIL PRODUCT.— 

13 For purposes of this section, the term ‘‘National Intel14 ligence Council product’’ includes a National Intelligence 

15 Estimate and any other intelligence community assess16 ment that sets forth the judgment of the intelligence com17 munity as a whole on a matter covered by such product. 

18 SEC. 124. GENERAL COUNSEL OF THE NATIONAL INTEL19 LIGENCE AUTHORITY. 

20 (a) GENERAL COUNSEL OF NATIONAL INTEL21 LIGENCE AUTHORITY.—There is a General Counsel of the 

22 National Intelligence Authority who shall be appointed 

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

24 and consent of the Senate. 
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1 (b) PROHIBITION ON DUAL SERVICE AS GENERAL

2 COUNSEL OF ANOTHER AGENCY.—The individual serving 

3 in the position of General Counsel of the National Intel4 ligence Authority may not, while so serving, also serve as 

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

6 element of the United States Government. 

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

8 the National Intelligence Authority is the chief legal offi9 cer of the National Intelligence Authority. 

10 (d) FUNCTIONS.—The General Counsel of the Na11 tional Intelligence Authority shall perform such functions 

12 as the National Intelligence Director may prescribe. 

13 SEC. 125. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB14 ERTIES OF THE NATIONAL INTELLIGENCE 

15 AUTHORITY. 

16 (a) OFFICER FOR CIVIL RIGHTS AND CIVIL LIB17 ERTIES OF NATIONAL INTELLIGENCE AUTHORITY.— 

18 There is an Officer for Civil Rights and Civil Liberties 

19 of the National Intelligence Authority who shall be ap20 pointed by the National Intelligence Director. 

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

22 Civil Liberties of the National Intelligence Authority shall 

23 report directly to the National Intelligence Director. 

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

25 Liberties of the National Intelligence Authority shall— 
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1 (1) assist the National Intelligence Director in 

2 ensuring that the protection of civil rights and civil 

3 liberties, as provided in the Constitution, laws, regu4 lations, and Executive orders of the United States, 

5 is appropriately incorporated in— 

6 (A) the policies and procedures developed 

7 for and implemented by the National Intel8 ligence Authority; 

9 (B) the policies and procedures regarding 

10 the relationships among the elements of the in11 telligence community within the National Intel12 ligence Program; and 

13 (C) the policies and procedures regarding 

14 the relationships between the elements of the 

15 intelligence community within the National In16 telligence Program and the other elements of 

17 the intelligence community; 

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

19 the relationships described in paragraph (1), with 

20 requirements under the Constitution and all laws, 

21 regulations, Executive orders, and implementing 

22 guidelines relating to civil rights and civil liberties; 

23 (3) review, investigate, and assess complaints 

24 and other information indicating possible abuses of 

25 civil rights or civil liberties, as provided in the Con-
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1 stitution, laws, regulations, and Executive orders of 

2 the United States, in the administration of the pro3 grams and operations of the Authority, and in the 

4 relationships described in paragraph (1), unless, in 

5 the determination of the Inspector General of the 

6 National Intelligence Authority, the review, inves7 tigation, or assessment of a particular complaint or 

8 information can better be conducted by the Inspec9 tor General; 

10 (4) coordinate with the Privacy Officer of the 

11 National Intelligence Authority to ensure that pro12 grams, policies, and procedures involving civil rights, 

13 civil liberties, and privacy considerations are ad14 dressed in an integrated and comprehensive manner; 

15 and 

16 (5) perform such other duties as may be pre17 scribed by the Director or specified by law. 

18 SEC. 126. PRIVACY OFFICER OF THE NATIONAL INTEL19 LIGENCE AUTHORITY. 

20 (a) PRIVACY OFFICER OF NATIONAL INTELLIGENCE

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

22 Intelligence Authority who shall be appointed by the Na23 tional Intelligence Director. 

24 (b) DUTIES.—(1) The Privacy Officer of the National 

25 Intelligence Authority shall have primary responsibility for 
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1 the privacy policy of the National Intelligence Authority 

2 (including in the relationships among the elements of the 

3 intelligence community within the National Intelligence 

4 Program and the relationships between the elements of the 

5 intelligence community within the National Intelligence 

6 Program and the other elements of the intelligence com7 munity). 

8 (2) In discharging the responsibility under paragraph 

9 (1), the Privacy Officer shall— 

10 (A) assure that the use of technologies sustain, 

11 and do not erode, privacy protections relating to the 

12 use, collection, and disclosure of personal informa13 tion; 

14 (B) assure that personal information contained 

15 in Privacy Act systems of records is handled in full 

16 compliance with fair information practices as set out 

17 in the Privacy Act of 1974; 

18 (C) conduct privacy impact assessments when 

19 appropriate or as required by law; and 

20 (D) coordinate with the Officer for Civil Rights 

21 and Civil Liberties of the National Intelligence Au22 thority to ensure that programs, policies, and proce23 dures involving civil rights, civil liberties, and pri24 vacy considerations are addressed in an integrated 

25 and comprehensive manner. 
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1 SEC. 127. CHIEF INFORMATION OFFICER OF THE NATIONAL 

2 INTELLIGENCE AUTHORITY. 

3 (a) CHIEF INFORMATION OFFICER OF NATIONAL IN4 TELLIGENCE AUTHORITY.—There is a Chief Information 

5 Officer of the National Intelligence Authority who shall 

6 be appointed by the National Intelligence Director. 

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

8 National Intelligence Authority shall— 

9 (1) assist the National Intelligence Director in 

10 implementing the responsibilities and executing the 

11 authorities related to information technology under 

12 paragraphs (17) and (18) of section 112(a) and sec13 tion 113(h); and 

14 (2) perform such other duties as may be pre15 scribed by the Director or specified by law. 

16 SEC. 128. CHIEF HUMAN CAPITAL OFFICER OF THE NA17 TIONAL INTELLIGENCE AUTHORITY. 

18 (a) CHIEF HUMAN CAPITAL OFFICER OF NATIONAL

19 INTELLIGENCE AUTHORITY.—There is a Chief Human 

20 Capital Officer of the National Intelligence Authority who 

21 shall be appointed by the National Intelligence Director. 

22 (b) DUTIES.—The Chief Human Capital Officer of 

23 the National Intelligence Authority shall— 

24 (1) have the functions and authorities provided 

25 for Chief Human Capital Officers under sections 
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1 1401 and 1402 of title 5, United States Code, with 

2 respect to the National Intelligence Authority; and 

3 (2) advise and assist the National Intelligence 

4 Director in exercising the authorities and respon5 sibilities of the Director with respect to the work6 force of the intelligence community as a whole. 

7 SEC. 129. CHIEF FINANCIAL OFFICER OF THE NATIONAL IN8 TELLIGENCE AUTHORITY. 

9 (a) CHIEF FINANCIAL OFFICER OF NATIONAL IN10 TELLIGENCE AUTHORITY.—There is a Chief Financial Of11 ficer of the National Intelligence Authority who shall be 

12 designated by the President, in consultation with the Na13 tional Intelligence Director. 

14 (b) DESIGNATION REQUIREMENTS.—The designation 

15 of an individual as Chief Financial Officer of the National 

16 Intelligence Authority shall be subject to applicable provi17 sions of section 901(a) of title 31, United States Code. 

18 (c) AUTHORITIES AND FUNCTIONS.—The Chief Fi19 nancial Officer of the National Intelligence Authority 

20 shall— 

21 (1) have such authorities, and carry out such 

22 functions, with respect to the National Intelligence 

23 Authority as are provided for an agency Chief Fi24 nancial Officer by section 902 of title 31, United 

25 States Code, and other applicable provisions of law; 
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1 (2) assist the National Intelligence Director in 

2 the preparation and execution of the budget of the 

3 elements of the intelligence community within the 

4 National Intelligence Program; 

5 (3) assist the Director in participating in the 

6 development by the Secretary of Defense of the an7 nual budget for military intelligence programs and 

8 activities outside the National Intelligence Program; 

9 (4) provide unfettered access to the Director to 

10 financial information under the National Intelligence 

11 Program; and 

12 (5) perform such other duties as may be pre13 scribed by the Director or specified by law. 

14 (d) COORDINATION WITH NIA COMPTROLLER.—(1) 

15 The Chief Financial Officer of the National Intelligence 

16 Authority shall coordinate with the Comptroller of the Na17 tional Intelligence Authority in exercising the authorities 

18 and performing the functions provided for the Chief Fi19 nancial Officer under this section. 

20 (2) The National Intelligence Director shall take such 

21 actions as are necessary to prevent duplication of effort 

22 by the Chief Financial Officer of the National Intelligence 

23 Authority and the Comptroller of the National Intelligence 

24 Authority. 
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1 (e) INTEGRATION OF FINANCIAL SYSTEMS.—Subject 

2 to the supervision, direction, and control of the National 

3 Intelligence Director, the Chief Financial Officer of the 

4 National Intelligence Authority shall take appropriate ac5 tions to ensure the timely and effective integration of the 

6 financial systems of the National Intelligence Authority 

7 (including any elements or components transferred to the 

8 Authority by this Act), and of the financial systems of the 

9 Authority with applicable portions of the financial systems 

10 of the other elements of the intelligence community, as 

11 soon as possible after the date of the enactment of this 

12 Act. 

13 (f) PROTECTION OF ANNUAL FINANCIAL STATE14 MENT FROM DISCLOSURE.—The annual financial state15 ment of the National Intelligence Authority required 

16 under section 3515 of title 31, United States Code— 

17 (1) shall be submitted in classified form; and 

18 (2) notwithstanding any other provision of law, 

19 shall be withheld from public disclosure. 

20 SEC. 130. CHIEF SCIENTIST OF THE NATIONAL INTEL21 LIGENCE AUTHORITY. 

22 (a) CHIEF SCIENTIST OF NATIONAL INTELLIGENCE

23 AUTHORITY.—There is a Chief Scientist of the National 

24 Intelligence Authority who shall be appointed by the Na25 tional Intelligence Director. 
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1 (b) REQUIREMENT RELATING TO APPOINTMENT.— 

2 An individual appointed as Chief Scientist of the National 

3 Intelligence Authority shall have a professional back4 ground and experience appropriate for the duties of the 

5 Chief Scientist. 

6 (c) DUTIES.—The Chief Scientist of the National In7 telligence Authority shall— 

8 (1) act as the chief representative of the Na9 tional Intelligence Director for science and tech10 nology; 

11 (2) chair the National Intelligence Authority 

12 Science and Technology Committee under subsection 

13 (d); 

14 (3) assist the Director in formulating a long15 term strategy for scientific advances in the field of 

16 intelligence; 

17 (4) assist the Director on the science and tech18 nology elements of the budget of the National Intel19 ligence Authority; and 

20 (5) perform other such duties as may be pre21 scribed by Director or by law. 

22 (d) NATIONAL INTELLIGENCE AUTHORITY SCIENCE

23 AND TECHNOLOGY COMMITTEE.—(1) There is within the 

24 Office of the Chief Scientist of the National Intelligence 
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1 Authority a National Intelligence Authority Science and 

2 Technology Committee. 

3 (2) The Committee shall be composed of composed 

4 of the principal science officers of the National Intelligence 

5 Program. 

6 (3) The Committee shall— 

7 (A) coordinate advances in research and devel8 opment related to intelligence; and 

9 (B) perform such other functions as the Chief 

10 Scientist of the National Intelligence Authority shall 

11 prescribe. 

12 SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE. 

13 (a) NATIONAL COUNTERINTELLIGENCE EXECU14 TIVE.—The National Counterintelligence Executive under 

15 section 902 of the Counterintelligence Enhancement Act 

16 of 2002 (title IX of Public Law 107–306; 50 U.S.C. 402b 

17 et seq.), as amended by section 310 of this Act, is a com18 ponent of the Office of the National Intelligence Director. 

19 (b) DUTIES.—The National Counterintelligence Ex20 ecutive shall perform the duties provided in the Counter21 intelligence Enhancement Act of 2002, as so amended, 

22 and such other duties as may be prescribed by the Na23 tional Intelligence Director or specified by law. 
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1 Subtitle D—Additional Elements of 

2 National Intelligence Authority 

3 SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTEL4 LIGENCE AUTHORITY. 

5 (a) INSPECTOR GENERAL OF NATIONAL INTEL6 LIGENCE AUTHORITY.—There is an Inspector General of 

7 the National Intelligence Authority. The Inspector Gen8 eral of the National Intelligence Authority and the Office 

9 of the Inspector General of the National Intelligence Au10 thority shall be subject to the provisions of the Inspector 

11 General Act of 1978 (5 U.S.C. App.). 

12 (b) AMENDMENTS TO INSPECTOR GENERAL ACT OF

13 1978 RELATING TO INSPECTOR GENERAL OF NATIONAL

14 INTELLIGENCE AUTHORITY.—The Inspector General Act 

15 of 1978 (5 U.S.C. App.) is amended— 

16 (1) by redesignating section 8J as section 8K; 

17 and 

18 (2) by inserting after section 8I the following 

19 new section: 

20 ‘‘SPECIAL PROVISIONS CONCERNING THE NATIONAL

21 INTELLIGENCE AUTHORITY

22 ‘‘SEC. 8J. (a)(1) Notwithstanding the last 2 sen23 tences of section 3(a), the Inspector General of the Na24 tional Intelligence Authority (in this section referred to as 

25 the ‘Inspector General’) shall be under the authority, di-
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1 rection, and control of the National Intelligence Director 

2 (in this section referred to as the ‘Director’) with respect 

3 to audits or investigations, or the issuance of subpoenas, 

4 which require access to information concerning intelligence 

5 or counterintelligence matters the disclosure of which 

6 would constitute a serious threat to national security. 

7 ‘‘(2) With respect to information described in para8 graph (1), the Director may prohibit the Inspector Gen9 eral from initiating, carrying out, or completing any inves10 tigation, inspection, or audit, or from issuing any sub11 poena, if the Director determines that such prohibition is 

12 necessary to preserve the vital national security interests 

13 of the United States. 

14 ‘‘(3) If the Director exercises the authority under 

15 paragraph (1) or (2), the Director shall submit to the con16 gressional intelligence committees an appropriately classi17 fied statement of the reasons for the exercise of such au18 thority within 7 days. 

19 ‘‘(4) The Director shall advise the Inspector General 

20 at the time a report under paragraph (3) is submitted, 

21 and, to the extent consistent with the protection of intel22 ligence sources and methods, provide the Inspector Gen23 eral with a copy of such report. 

24 ‘‘(5) The Inspector General may submit to the con25 gressional intelligence committees any comments on a re-
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1 port of which the Inspector General has notice under para2 graph (4) that the Inspector General considers appro3 priate. 

4 ‘‘(b) In addition to the qualifications for the appoint5 ment of the Inspector General under section 3(a), the In6 spector General shall be appointed on the basis of prior 

7 experience in the field of intelligence or national security. 

8 ‘‘(c)(1)(A) In addition to the duties and responsibil9 ities of the Inspector General specified elsewhere in this 

10 Act, the Inspector General shall, for the purpose stated 

11 in subparagraph (B), provide policy direction for, and con12 duct, supervise, and coordinate audits and investigations 

13 relating to— 

14 ‘‘(i) the coordination and collaboration among 

15 elements of the intelligence community within the 

16 National Intelligence Program; and 

17 ‘‘(ii) the coordination and collaboration between 

18 elements of the intelligence community within the 

19 National Intelligence Program and other elements of 

20 the intelligence community. 

21 ‘‘(B) The Inspector General shall conduct the activi22 ties described in subparagraph (A) to ensure that the co23 ordination and collaboration referred to in that paragraph 

24 is conducted efficiently and in accordance with applicable 

25 law and regulation. 
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1 ‘‘(C) Before undertaking any investigation, inspec2 tion, or audit under subparagraph (A), the Inspector Gen3 eral shall consult with any other inspector general having 

4 responsibilities regarding an element of the intelligence 

5 community whose activities are involved in the investiga6 tion, inspection, or audit for the purpose of avoiding dupli7 cation of effort and ensuring effective coordination and co8 operation. 

9 ‘‘(2) In addition to the matters of which the Inspector 

10 General is required to keep the Director and Congress 

11 fully and currently informed under section 4(a), the In12 spector General shall— 

13 ‘‘(A) keep the Director and Congress fully and 

14 currently informed concerning— 

15 ‘‘(i) violations of civil liberties and privacy 

16 that may occur in the programs and operations 

17 of the National Intelligence Authority; and 

18 ‘‘(ii) violations of law and regulations, vio19 lations of civil liberties and privacy, and fraud 

20 and other serious problems, abuses, and defi21 ciencies that may occur in the coordination and 

22 collaboration referred to in clauses (i) and (ii) 

23 of paragraph (1)(A); and 
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1 ‘‘(B) report the progress made in implementing 

2 corrective action with respect to the matters referred 

3 to in subparagraph (A). 

4 ‘‘(3) To enable the Inspector General to fully and ef5 fectively carry out the duties and responsibilities specified 

6 in this Act, the Inspector General and the inspectors gen7 eral of the other elements of the intelligence community 

8 shall coordinate their internal audit, inspection, and inves9 tigative activities to avoid duplication and ensure effective 

10 coordination and cooperation. 

11 ‘‘(4) The Inspector General shall take due regard for 

12 the protection of intelligence sources and methods in the 

13 preparation of all reports issued by the Inspector General, 

14 and, to the extent consistent with the purpose and objec15 tive of such reports, take such measures as may be appro16 priate to minimize the disclosure of intelligence sources 

17 and methods described in such reports. 

18 ‘‘(d)(1) Each semiannual report prepared by the In19 spector General under section 5(a) shall— 

20 ‘‘(A) include an assessment of the effectiveness 

21 of all measures in place in the National Intelligence 

22 Authority for the protection of civil liberties and pri23 vacy of United States persons; and 

24 ‘‘(B) be transmitted by the Director to the con25 gressional intelligence committees. 
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1 ‘‘(2) In addition the duties of the Inspector General 

2 and the Director under section 5(d)— 

3 ‘‘(A) the Inspector General shall report imme4 diately to the Director whenever the Inspector Gen5 eral becomes aware of particularly serious or fla6 grant problems, abuses, or deficiencies relating to— 

7 ‘‘(i) the coordination and collaboration 

8 among elements of the intelligence community 

9 within the National Intelligence Program; and 

10 ‘‘(ii) the coordination and collaboration be11 tween elements of the intelligence community 

12 within the National Intelligence Program and 

13 other elements of the intelligence community; 

14 and 

15 ‘‘(B) the Director shall transmit to the congres16 sional intelligence committees each report under sub17 paragraph (A) within 7 calendar days of receipt of 

18 such report, together with such comments as the Di19 rector considers appropriate. 

20 ‘‘(3) Any report required to be transmitted by the Di21 rector to the appropriate committees or subcommittees of 

22 Congress under section 5(d) shall also be transmitted, 

23 within the 7-day period specified in that section, to the 

24 congressional intelligence committees. 

25 ‘‘(4) In the event that— 
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1 ‘‘(A) the Inspector General is unable to resolve 

2 any differences with the Director affecting the exe3 cution of the duties or responsibilities of the Inspec4 tor General; 

5 ‘‘(B) an investigation, inspection, or audit car6 ried out by the Inspector General should focus on 

7 any current or former National Intelligence Author8 ity official who holds or held a position in the Au9 thority that is subject to appointment by the Presi10 dent, by and with the advice and consent of the Sen11 ate, including such a position held on an acting 

12 basis; 

13 ‘‘(C) a matter requires a report by the Inspec14 tor General to the Department of Justice on possible 

15 criminal conduct by a current or former official de16 scribed in subparagraph (B); 

17 ‘‘(D) the Inspector General receives notice from 

18 the Department of Justice declining or approving 

19 prosecution of possible criminal conduct of any cur20 rent or former official described in subparagraph 

21 (B); or 

22 ‘‘(E) the Inspector General, after exhausting all 

23 possible alternatives, is unable to obtain significant 

24 documentary information in the course of an inves25 tigation, inspection, or audit, 
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1 the Inspector General shall immediately notify and submit 

2 a report on such matter to the congressional intelligence 

3 committees. 

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

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

6 to the congressional intelligence committees any report or 

7 findings and recommendations of an investigation, inspec8 tion, or audit conducted by the office which has been re9 quested by the Chairman or Ranking Minority Member 

10 of either committee. 

11 ‘‘(e)(1) In addition to the other authorities of the In12 spector General under this Act, the Inspector General 

13 shall have access to any personnel of the National Intel14 ligence Authority, or any employee of a contractor of the 

15 Authority, whose testimony is needed for the performance 

16 of the duties of the Inspector General. Whenever such ac17 cess is, in the judgment of the Inspector General, unrea18 sonably refused or not provided, the Inspector General 

19 shall report the circumstances to the Director without 

20 delay. 

21 ‘‘(2) Failure on the part of any employee or con22 tractor of the National Intelligence Authority to cooperate 

23 with the Inspector General shall be grounds for appro24 priate administrative actions by the Director, including 
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1 loss of employment or termination of an existing contrac2 tual relationship. 

3 ‘‘(3) Whenever, in the judgment of the Director, an 

4 element of the intelligence community that is part of the 

5 National Intelligence Program has unreasonably refused 

6 or not provided information or assistance requested by the 

7 Inspector General under paragraph (1) or (3) of section 

8 6(a), the Director shall so inform the head of the element, 

9 who shall promptly provide such information or assistance 

10 to the Inspector General. 

11 ‘‘(4) The level of classification or 

12 compartmentalization of information shall not, in and of 

13 itself, provide a sufficient rationale for denying the Inspec14 tor General access to any materials under section 6(a). 

15 ‘‘(f) In addition to the authorities and requirements 

16 in section 7 regarding the receipt of complaints by the In17 spector General— 

18 ‘‘(1) the Inspector General is authorized to re19 ceive and investigate complaints or information from 

20 any person concerning the existence of an activity 

21 constituting a violation of laws, rules, or regulations, 

22 or mismanagement, gross waste of funds, abuse of 

23 authority, or a substantial and specific danger to the 

24 public health and safety; and 
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1 ‘‘(2) once such complaint or information has 

2 been received from an employee of the Federal Gov3 ernment— 

4 ‘‘(A) the Inspector General shall not dis5 close the identity of the employee without the 

6 consent of the employee, unless the Inspector 

7 General determines that such disclosure is un8 avoidable during the course of the investigation 

9 or the disclosure is made to an official of the 

10 Department of Justice responsible for deter11 mining whether a prosecution should be under12 taken; and 

13 ‘‘(B) no action constituting a reprisal, or 

14 threat of reprisal, for making such complaint 

15 may be taken by any employee in a position to 

16 take such actions, unless the complaint was 

17 made or the information was disclosed with the 

18 knowledge that it was false or with willful dis19 regard for its truth or falsity. 

20 ‘‘(g) In this section, the terms ‘congressional intel21 ligence committees’, ‘intelligence community’, and ‘Na22 tional Intelligence Program’ have the meanings given such 

23 terms in section 2 of the National Intelligence Reform Act 

24 of 2004.’’. 
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1 (c) TECHNICAL AND CONFORMING AMENDMENTS TO

2 INSPECTOR GENERAL ACT OF 1978.—(1)(A) Section 

3 8H(a)(1) of the Inspector General Act of 1978 (5 U.S.C. 

4 App.) is further amended— 

5 (i) by redesignating subparagraph (C) as sub6 paragraph (D); and 

7 (ii) by inserting after subparagraph (B) the fol8 lowing new subparagraph (C): 

9 ‘‘(C) An employee of the National Intelligence Au10 thority, of an entity other than the Authority who is as11 signed or detailed to the Authority, or of a contractor of 

12 the Authority who intends to report to Congress a com13 plaint or information with respect to an urgent concern 

14 may report the complaint or information to the Inspector 

15 General of the National Intelligence Authority.’’. 

16 (B) In support of this paragraph, Congress makes 

17 the findings set forth in paragraphs (1) through (6) of 

18 section 701(b) of the Intelligence Community Whistle19 blower Protection Act of 1998 (title VII of Public Law 

20 105–272; 5 U.S.C. App. 8H note). 

21 (2) The Inspector General Act of 1978 is further 

22 amended— 

23 (A) in section 8K, as redesignated by sub24 section (b)(1) of this section, by striking ‘‘8F or 

25 8H’’ and inserting ‘‘8F, 8H, 8I, or 8J’’; and 
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1 (B) in section 11— 

2 (i) in paragraph (1), by inserting ‘‘the Na3 tional Intelligence Director;’’ after ‘‘the Attor4 ney General;’’; and 

5 (ii) in paragraph (2), by inserting ‘‘the Na6 tional Intelligence Authority,’’ after ‘‘the Na7 tional Aeronautics and Space Administration,’’. 

8 (d) SEPARATE BUDGET ACCOUNT.—The National 

9 Intelligence Director shall, in accordance with procedures 

10 to be issued by the Director in consultation with congres11 sional intelligence committees, include in the National In12 telligence Program budget a separate account for the Of13 fice of Inspector General of the National Intelligence Au14 thority. 

15 (e) SENSE OF CONGRESS ON ADOPTION OF STAND16 ARDS OF REVIEW.—It is the sense of Congress that the 

17 Inspector General of the National Intelligence Authority, 

18 in consultation with other Inspectors General of the intel19 ligence community and the President’s Council on Integ20 rity and Efficiency, should adopt standards for review and 

21 related precedent that are generally used by the intel22 ligence community for reviewing whistleblower reprisal 

23 complaints made under sections 7 and 8J(f) of the Inspec24 tor General Act of 1978. 
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1 SEC. 142. OMBUDSMAN OF THE NATIONAL INTELLIGENCE 

2 AUTHORITY. 

3 (a) OMBUDSMAN OF NATIONAL INTELLIGENCE AU4 THORITY.—There is within the National Intelligence Au5 thority an Ombudsman of the National Intelligence Au6 thority who shall be appointed by the National Intelligence 

7 Director. 

8 (b) DUTIES.—The Ombudsman of the National Intel9 ligence Authority shall— 

10 (1) counsel, arbitrate, or offer recommendations 

11 on, and have the authority to initiate inquiries into, 

12 real or perceived problems of politicization, biased 

13 reporting, or lack of objective analysis within the 

14 National Intelligence Authority, or any element of 

15 the intelligence community within the National Intel16 ligence Program, or regarding any analysis of na17 tional intelligence by any element of the intelligence 

18 community; 

19 (2) monitor the effectiveness of measures taken 

20 to deal with real or perceived politicization, biased 

21 reporting, or lack of objective analysis within the 

22 Authority, or any element of the intelligence commu23 nity within the National Intelligence Program, or re24 garding any analysis of national intelligence by any 

25 element of the intelligence community; and 
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1 (3) conduct regular and detailed reviews of the 

2 analytic product or products of the Authority, or any 

3 element of the intelligence community within the 

4 National Intelligence Program, or of any analysis of 

5 national intelligence by any element of the intel6 ligence community, with such reviews to be con7 ducted so as to ensure that analysis is timely, objec8 tive, independent of political considerations, based 

9 upon all sources available to the intelligence commu10 nity, and performed in a manner consistent with 

11 sound analytic methods and tradecraft, including re12 views for purposes of determining whether or not— 

13 (A) such product or products state sepa14 rately, and distinguish between, the intelligence 

15 underlying such product or products and the 

16 assumptions and judgments of analysts with re17 spect to the intelligence and such product or 

18 products; 

19 (B) such product or products describe the 

20 quality and reliability of the intelligence under21 lying such product or products; 

22 (C) such product or products present and 

23 explain alternative conclusions, if any, with re24 spect to the intelligence underlying such prod25 uct or products; 
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1 (D) such product or products characterizes 

2 the uncertainties, if any, and the confidence in 

3 such product or products; and 

4 (E) the analyst or analysts responsible for 

5 such product or products had appropriate ac6 cess to intelligence information from all sources, 

7 regardless of the source of the information, the 

8 method of collection of the information, the ele9 ments of the intelligence community that col10 lected the information, or the location of such 

11 collection. 

12 (c) ANALYTIC REVIEW UNIT.—(1) There is within 

13 the Office of the Ombudsman of the National Intelligence 

14 Authority an Analytic Review Unit. 

15 (2) The Analytic Review Unit shall assist the Om16 budsman of the National Intelligence Authority in per17 forming the duties and responsibilities of the Ombudsman 

18 set forth in subsection (b)(3). 

19 (3) The Ombudsman shall provide the Analytic Re20 view Unit a staff who possess expertise in intelligence 

21 analysis that is appropriate for the function of the Unit. 

22 (4) In assisting the Ombudsman, the Analytic Review 

23 Unit shall, subject to the direction and control of the Om24 budsman, conduct detailed evaluations of intelligence anal25 ysis by the following: 
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1 (A) The National Intelligence Council. 

2 (B) The elements of the intelligence community 

3 within the National Intelligence Program. 

4 (C) To the extent involving the analysis of na5 tional intelligence, other elements of the intelligence 

6 community. 

7 (D) The divisions, offices, programs, officers, 

8 and employees of the elements specified in subpara9 graphs (B) and (C). 

10 (5)(A) The results of the evaluations under para11 graph (4) shall be provided to the congressional intel12 ligence committees and to appropriate heads of other de13 partments, agencies, and elements of the executive branch. 

14 (B) The results of the evaluations under paragraph 

15 (4) shall also be distributed as appropriate throughout the 

16 intelligence community as a method for training intel17 ligence community analysts and promoting the develop18 ment of sound analytic methods and tradecraft. To ensure 

19 the widest possible distribution of the evaluations, the 

20 Analytic Review Unit shall, when appropriate, produce 

21 evaluations at multiple classification levels. 

22 (6) Upon completion of the evaluations under para23 graph (4), the Analytic Review Unit may make such rec24 ommendations to the National Intelligence Director and 

25 to appropriate heads of the elements of the intelligence 
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1 community for awards, commendations, additional train2 ing, or disciplinary or other actions concerning personnel 

3 as the Analytic Review Unit considers appropriate in light 

4 of such evaluations. Any recommendation of the Analytic 

5 Review Unit under this paragraph shall not be considered 

6 binding on the official receiving such recommendation. 

7 (d) ACCESS TO INFORMATION AND PERSONNEL.—(1) 

8 In order to carry out the duties specified in subsection 

9 (c), the Ombudsman of the National Intelligence Author10 ity, the Analytic Review Unit, and other staff of the Office 

11 of the Ombudsman of the National Intelligence Authority 

12 shall, unless otherwise directed by the President, have ac13 cess to all analytic products, operational and field reports, 

14 and raw intelligence of any element of the intelligence 

15 community, and to any reports or other material of an 

16 Inspector General, that might be pertinent to a matter 

17 under consideration by the Ombudsman. 

18 (2) The Ombudsman, the Analytic Review Unit, and 

19 other staff of the Office shall have access to any employee, 

20 or any employee of a contractor, of the intelligence com21 munity whose testimony is needed for the performance of 

22 the duties of the Ombudsman. 

23 (e) ANNUAL REPORTS.—The Ombudsman of the Na24 tional Intelligence Authority shall submit to the National 
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1 Intelligence Director and the congressional intelligence 

2 committees on an annual basis a report that includes— 

3 (1) the assessment of the Ombudsman of the 

4 current level of politicization, biased reporting, or 

5 lack of objective analysis within the National Intel6 ligence Authority, or any element of the intelligence 

7 community within the National Intelligence Pro8 gram, or regarding any analysis of national intel9 ligence by any element of the intelligence commu10 nity; 

11 (2) such recommendations for remedial meas12 ures as the Ombudsman considers appropriate; and 

13 (3) an assessment of the effectiveness of reme14 dial measures previously taken within the intel15 ligence community on matters addressed by the Om16 budsman. 

17 (f) REFERRAL OF CERTAIN MATTERS FOR INVES18 TIGATION.—In addition to carrying out activities under 

19 this section, the Ombudsman of the National Intelligence 

20 Authority may refer serious cases of misconduct related 

21 to politicization of intelligence information, biased report22 ing, or lack of objective analysis within the intelligence 

23 community to the Inspector General of the National Intel24 ligence Authority for investigation. 
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1 SEC. 143. NATIONAL COUNTERTERRORISM CENTER. 

2 (a) NATIONAL COUNTERTERRORISM CENTER.— 

3 There is within the National Intelligence Authority a Na4 tional Counterterrorism Center. 

5 (b) DIRECTOR OF NATIONAL COUNTERTERRORISM

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

7 Counterterrorism Center, who shall be the head of the Na8 tional Counterterrorism Center, and who shall be ap9 pointed by the President, by and with the advice and con10 sent of the Senate. 

11 (2) Any individual nominated for appointment as the 

12 Director of the National Counterterrorism Center shall 

13 have significant expertise in matters relating to the na14 tional security of the United States and matters relating 

15 to terrorism that threatens the national security of the 

16 United States. 

17 (3) The individual serving as the Director of the Na18 tional Counterterrorism Center may not, while so serving, 

19 serve in any capacity in any other element of the intel20 ligence community, except to the extent that the individual 

21 serving as Director of the National Counterterrorism Cen22 ter is doing so in an acting capacity. 

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

24 Counterterrorism Center shall report to the National In25 telligence Director on— 
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1 (A) the budget and programs of the National 

2 Counterterrorism Center; and 

3 (B) the activities of the Directorate of Intel4 ligence of the National Counterterrorism Center 

5 under subsection (g). 

6 (2) The Director of the National Counterterrorism 

7 Center shall report to the President and the National In8 telligence Director on the planning and progress of joint 

9 counterterrorism operations. 

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

11 the National Counterterrorism Center shall be as follows: 

12 (1) To develop and unify strategy for the civil13 ian and military counterterrorism efforts of the 

14 United States Government. 

15 (2) To integrate counterterrorism intelligence 

16 activities of the United States Government, both in17 side and outside the United States. 

18 (3) To develop interagency counterterrorism 

19 plans, which plans shall— 

20 (A) involve more than one department, 

21 agency, or element of the executive branch (un22 less otherwise directed by the President); and 

23 (B) include the mission, objectives to be 

24 achieved, courses of action, parameters for such 

25 courses of action, coordination of agency oper-
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1 ational activities, recommendations for oper2 ational plans, and assignment of departmental 

3 or agency responsibilities. 

4 (4) To ensure that the collection of 

5 counterterrorism intelligence, and the conduct of 

6 counterterrorism operations, by the United States 

7 Government are informed by the analysis of all8 source intelligence. 

9 (e) DUTIES AND RESPONSIBILITIES OF DIRECTOR OF

10 NATIONAL COUNTERTERRORISM CENTER.—Notwith11 standing any other provision of law, at the direction of 

12 the President, the National Security Council, and the Na13 tional Intelligence Director, the Director of the National 

14 Counterterrorism Center shall— 

15 (1) serve as the principal adviser to the Presi16 dent and the National Intelligence Director on inter17 agency counterterrorism planning and activities; 

18 (2) provide unified strategic direction for the ci19 vilian and military counterterrorism efforts of the 

20 United States Government and for the effective inte21 gration and deconfliction of counterterrorism intel22 ligence and operations across agency boundaries, 

23 both inside and outside the United States; 

24 (3) advise the President and the National Intel25 ligence Director on the extent to which the 
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1 counterterrorism program recommendations and 

2 budget proposals of the departments, agencies, and 

3 elements of the United States Government conform 

4 to the priorities established by the President and the 

5 National Security Council; 

6 (4) in accordance with subsection (f), concur in, 

7 or advise the President on, the selections of per8 sonnel to head the operating entities of the United 

9 States Government with principal missions relating 

10 to counterterrorism; and 

11 (5) perform such other duties as the National 

12 Intelligence Director may prescribe or are prescribed 

13 by law. 

14 (f) ROLE OF DIRECTOR OF NATIONAL

15 COUNTERTERRORISM CENTER IN CERTAIN APPOINT16 MENTS.—(1) In the event of a vacancy in a position re17 ferred to in paragraph (2), the head of the department 

18 or agency having jurisdiction over the position shall obtain 

19 the concurrence of the Director of the National 

20 Counterterrorism Center before appointing an individual 

21 to fill the vacancy or recommending to the President an 

22 individual for nomination to fill the vacancy. If the Direc23 tor does not concur in the recommendation, the head of 

24 the department or agency concerned may fill the vacancy 

25 or make the recommendation to the President (as the case 
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1 may be) without the concurrence of the Director, but shall 

2 notify the President that the Director does not concur in 

3 the appointment or recommendation (as the case may be). 

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

5 (A) The Director of the Central Intelligence 

6 Agency’s Counterterrorist Center. 

7 (B) The Assistant Director of the Federal Bu8 reau of Investigation in charge of the 

9 Counterterrorism Division. 

10 (C) The Coordinator for Counterterrorism of 

11 the Department of State. 

12 (D) The head of such other operating entities 

13 of the United States Government having principal 

14 missions relating to counterterrorism as the Presi15 dent may designate for purposes of this subsection. 

16 (3) The President shall notify Congress of the des17 ignation of an operating entity of the United States Gov18 ernment under paragraph (2)(D) not later than 30 days 

19 after the date of such designation. 

20 (g) DIRECTORATE OF INTELLIGENCE.—(1) The Di21 rector of the National Counterterrorism Center shall es22 tablish and maintain within the National 

23 Counterterrorism Center a Directorate of Intelligence. 

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

25 Terrorist Threat Integration Center (TTIC) transferred 
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1 to the Directorate by section 323 and such other capabili2 ties as the Director of the National Counterterrorism Cen3 ter considers appropriate. 

4 (3) The Directorate shall have primary responsibility 

5 within the United States Government for analysis of ter6 rorism and terrorist organizations from all sources of in7 telligence, whether collected inside or outside the United 

8 States. 

9 (4) The Directorate shall— 

10 (A) be the principal repository within the 

11 United States Government for all-source information 

12 on suspected terrorists, their organizations, and 

13 their capabilities; 

14 (B) propose intelligence collection and analytic 

15 requirements for action by elements of the intel16 ligence community inside and outside the United 

17 States; 

18 (C) have primary responsibility within the 

19 United States Government for net assessments and 

20 warnings about terrorist threats, which assessments 

21 and warnings shall be based on a comparison of ter22 rorist intentions and capabilities with assessed na23 tional vulnerabilities and countermeasures; 

24 (D) conduct, or recommend to the National In25 telligence Director to direct an element or elements 
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1 of the intelligence community to conduct, competi2 tive analyses of intelligence products relating to sus3 pected terrorists, their organizations, and their capa4 bilities, plans, and intentions, particularly products 

5 having national importance; 

6 (E) implement policies and procedures to en7 courage coordination by all elements of the intel8 ligence community that conduct analysis of intel9 ligence regarding terrorism of all Directorate prod10 ucts of national importance and, as appropriate, 

11 other products, before their final dissemination; and 

12 (F) perform such other duties and functions as 

13 the Director of the National Counterterrorism Cen14 ter may prescribe. 

15 (h) DIRECTORATE OF PLANNING.—(1) The Director 

16 of the National Counterterrorism Center shall establish 

17 and maintain within the National Counterterrorism Cen18 ter a Directorate of Planning. 

19 (2) The Directorate shall have primary responsibility 

20 for developing interagency counterterrorism plans, as de21 scribed in subsection (d)(3). 

22 (3) The Directorate shall— 

23 (A) provide guidance, and develop strategy and 

24 interagency plans, to counter terrorist activities 
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1 based on policy objectives and priorities established 

2 by the National Security Council; 

3 (B) develop interagency plans under subpara4 graph (A) utilizing input from personnel in other de5 partments, agencies, and elements of the United 

6 States Government who have expertise in the prior7 ities, functions, assets, programs, capabilities, and 

8 operations of such departments, agencies, and ele9 ments with respect to counterterrorism; 

10 (C) assign responsibilities for counterterrorism 

11 operations to the departments and agencies of the 

12 United States Government (including the Depart13 ment of Defense, the Central Intelligence Agency, 

14 the Federal Bureau of Investigation, the Depart15 ment of Homeland Security, and other departments 

16 and agencies of the United States Government), con17 sistent with the authorities of such departments and 

18 agencies; 

19 (D) monitor the implementation of operations 

20 assigned under subparagraph (C) and update inter21 agency plans for such operations as necessary; 

22 (E) report to the President and the National 

23 Intelligence Director on the compliance of the de24 partments, agencies, and elements of the United 
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1 States with the plans developed under subparagraph 

2 (A); and 

3 (F) perform such other duties and functions as 

4 the Director of the National Counterterrorism Cen5 ter may prescribe. 

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

7 operations assigned under paragraph (3). 

8 (i) STAFF.—(1) The National Intelligence Director 

9 may appoint deputy directors of the National 

10 Counterterrorism Center to oversee such portions of the 

11 operations of the Center as the National Intelligence Di12 rector considers appropriate. 

13 (2) To assist the Director of the National 

14 Counterterrorism Center in fulfilling the duties and re15 sponsibilities of the Director of the National 

16 Counterterrorism Center under this section, the National 

17 Intelligence Director shall employ in the National 

18 Counterterrorism Center a professional staff having an ex19 pertise in matters relating to such duties and responsibil20 ities. 

21 (3) In providing for a professional staff for the Na22 tional Counterterrorism Center under paragraph (2), the 

23 National Intelligence Director may establish as positions 

24 in the excepted service such positions in the Center as the 

25 National Intelligence Director considers appropriate. 
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1 (4) The National Intelligence Director shall ensure 

2 that the analytical staff of the National Counterterrorism 

3 Center is comprised primarily of experts from elements in 

4 the intelligence community and from such other personnel 

5 in the United States Government as the National Intel6 ligence Director considers appropriate. 

7 (5)(A) In order to meet the requirements in para8 graph (4), the National Intelligence Director shall, from 

9 time to time— 

10 (i) specify the transfers, assignments, and de11 tails of personnel funded within the National Intel12 ligence Program to the National Counterterrorism 

13 Center from any other element of the intelligence 

14 community that the National Intelligence Director 

15 considers appropriate; and 

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

17 agency, or element of the United States Government 

18 and not funded within the National Intelligence Pro19 gram, request the transfer, assignment, or detail of 

20 such personnel from the department, agency, or 

21 other element concerned. 

22 (B)(i) The head of an element of the intelligence com23 munity shall promptly effect any transfer, assignment, or 

24 detail of personnel specified by the National Intelligence 

25 Director under subparagraph (A)(i). 
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1 (ii) The head of a department, agency, or element of 

2 the United States Government receiving a request for 

3 transfer, assignment, or detail of personnel under sub4 paragraph (A)(ii) shall, to the extent practicable, approve 

5 the request. 

6 (C) Employees of Federally Funded Research and 

7 Development Centers (as that term is defined in part 2 

8 of the Federal Acquisition Regulation), including employ9 ees of the Department of Energy national laboratories who 

10 are associated with field intelligence elements of the De11 partment of Energy, shall be eligible to serve under con12 tract or other mechanism with the National 

13 Counterterrorism Center under this paragraph. 

14 (6) Personnel employed in or assigned or detailed to 

15 the National Counterterrorism Center under this sub16 section shall be under the authority, direction, and control 

17 of the Director of the National Counterterrorism Center 

18 on all matters for which the Center has been assigned re19 sponsibility and for all matters related to the accomplish20 ment of the missions of the Center. 

21 (7) Performance evaluations of personnel assigned or 

22 detailed to the National Counterterrorism Center under 

23 this subsection shall be undertaken by the supervisors of 

24 such personnel at the Center. 
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1 (8) The supervisors of the staff of the National 

2 Counterterrorism Center may, with the approval of the 

3 National Intelligence Director, reward the staff of the 

4 Center for meritorious performance by the provision of 

5 such performance awards as the National Intelligence Di6 rector shall prescribe. 

7 (9) The National Intelligence Director may delegate 

8 to the Director of the National Counterterrorism Center 

9 any responsibility, power, or authority of the National In10 telligence Director under paragraphs (1) through (8). 

11 (10) The National Intelligence Director shall ensure 

12 that the staff of the National Counterterrorism Center has 

13 access to all databases maintained by the elements of the 

14 intelligence community that are relevant to the duties of 

15 the Center. 

16 (j) SUPPORT AND COOPERATION OF OTHER AGEN17 CIES.—(1) The elements of the intelligence community 

18 and the other departments, agencies, and elements of the 

19 United States Government shall support, assist, and co20 operate with the National Counterterrorism Center in car21 rying out its missions under this section. 

22 (2) The support, assistance, and cooperation of a de23 partment, agency, or element of the United States Govern24 ment under this subsection shall include, but not be lim25 ited to— 
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1 (A) the implementation of interagency plans for 

2 operations, whether foreign or domestic, that are de3 veloped by the National Counterterrorism Center in 

4 a manner consistent with the laws and regulations of 

5 the United States and consistent with the limitation 

6 in subsection (h)(4); 

7 (B) cooperative work with the Director of the 

8 National Counterterrorism Center to ensure that on9 going operations of such department, agency, or ele10 ment do not conflict with joint operations planned 

11 by the Center; 

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

13 National Counterterrorism Center on the progress of 

14 such department, agency, or element in imple15 menting responsibilities assigned to such depart16 ment, agency, or element through joint operations 

17 plans; and 

18 (D) the provision to the analysts of the Na19 tional Counterterrorism Center of electronic access 

20 in real time to information and intelligence collected 

21 by such department, agency, or element that is rel22 evant to the missions of the Center. 

23 (3) In the event of a disagreement between the Na24 tional Intelligence Director and the head of a department, 

25 agency, or element of the United States Government on 
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1 a plan developed or responsibility assigned by the National 

2 Counterterrorism Center under this subsection, the Na3 tional Intelligence Director may either accede to the head 

4 of the department, agency, or element concerned or notify 

5 the President of the necessity of resolving the disagree6 ment. 

7 SEC. 144. NATIONAL COUNTERPROLIFERATION CENTER. 

8 (a) NATIONAL COUNTERPROLIFERATION CENTER.— 

9 (1) Within one year of enactment of this Act there shall 

10 be established within the National Intelligence Authority 

11 a National Counterproliferation Center. 

12 (2) The purpose of the Center is to develop, direct, 

13 and coordinate the efforts and activities of the United 

14 States Government to interdict the trafficking of weapons 

15 of mass destruction, related materials and technologies, 

16 and their delivery systems to terrorists, terrorist organiza17 tions, other non-state actors of concern, and state actors 

18 of concern. 

19 (b) DIRECTOR OF NATIONAL COUNTERPRO20 LIFERATION CENTER.—(1) There is a Director of the Na21 tional Counterproliferation Center, who shall be the head 

22 of the National Counterproliferation Center, and who shall 

23 be appointed by the President, by and with the advice and 

24 consent of the Senate. 
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1 (2) Any individual nominated for appointment as the 

2 Director of the National Counterproliferation Center shall 

3 have significant expertise in matters relating to the na4 tional security of the United States and matters relating 

5 to the proliferation of weapons of mass destruction, their 

6 delivery systems, and related materials and technologies 

7 that threaten the national security of the United States, 

8 its interests, and allies. 

9 (3) The individual serving as the Director of the Na10 tional Counterproliferation Center may not, while so serv11 ing, serve in any capacity in any other element of the intel12 ligence community, except to the extent that the individual 

13 serving as Director of the National Counterproliferation 

14 Center is doing so in an acting capacity. 

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

16 Counterproliferation Center shall report to the National 

17 Intelligence Director on the budget, personnel, activities, 

18 and programs of the National Counterproliferation Cen19 ter. 

20 (2) The Director of the National Counterproliferation 

21 Center shall report to the National Intelligence Director 

22 on the activities of the Directorate of Intelligence of the 

23 National Counterproliferation Center under subsection (f). 

24 (3) The Director of the National Counterproliferation 

25 Center shall report to the President and the National In-
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1 telligence Director on the planning and progress of 

2 counterproliferation operations. 

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

4 the National Counterproliferation Center shall be as fol5 lows: 

6 (1) To develop and unify strategy for the 

7 counterproliferation efforts of the United States 

8 Government. 

9 (2) To make recommendations to the National 

10 Intelligence Director with regard to the collection 

11 and analysis requirements and priorities of the Na12 tional Counterproliferation Center. 

13 (3) To integrate counterproliferation intel14 ligence activities of the United States Government, 

15 both inside and outside the United States, and with 

16 other governments. 

17 (4) To conduct strategic planning and develop 

18 recommended courses of action for multilateral and 

19 United States Government counterproliferation ac20 tivities which— 

21 (A) involve more than one department, 

22 agency, or element of the executive branch (un23 less otherwise directed by the President) of the 

24 United States Government; and 
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1 (B) include the mission, objectives to be 

2 achieved, courses of action, parameters for such 

3 courses of action, coordination of agency oper4 ational activities, recommendations for oper5 ational activities, and assignment of national, 

6 departmental, or agency responsibilities. 

7 (5) To ensure that the collection, analysis, and 

8 utilization of counterproliferation intelligence, and 

9 the conduct of counterproliferation operations, by 

10 the United States Government are informed by the 

11 analysis of all-source intelligence. 

12 (e) DUTIES AND RESPONSIBILITIES OF DIRECTOR OF

13 NATIONAL COUNTERPROLIFERATION CENTER.—Notwith14 standing any other provision of law, at the direction of 

15 the President and the National Intelligence Director, the 

16 Director of the National Counterproliferation Center 

17 shall— 

18 (1) serve as a principal adviser to the President 

19 and the National Intelligence Director on operations 

20 relating to interagency counterproliferation planning 

21 and activities; 

22 (2) provide unified strategic direction for the 

23 counterproliferation efforts of the United States 

24 Government and for the effective integration and 

25 deconfliction of counterproliferation intelligence and 
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1 operations across agency boundaries, both inside and 

2 outside the United States, and with foreign govern3 ments; 

4 (3) advise the President and the National Intel5 ligence Director on the extent to which the 

6 counterproliferation program recommendations and 

7 budget proposals of the departments, agencies, and 

8 elements of the United States Government conform 

9 to the policies and priorities established by the 

10 President and the National Security Council; 

11 (4) advise the President on the selections of 

12 personnel to head the nonmilitary operating entities 

13 of the United States Government with principal mis14 sions relating to counterproliferation; 

15 (5) advise the President and the National Intel16 ligence Director on the science and technology re17 search and development requirements and priorities 

18 of the counterproliferation programs and activities of 

19 the United States Government; and 

20 (6) perform such other duties as the National 

21 Intelligence Director may prescribe or are prescribed 

22 by law; 

23 (f) DIRECTORATE OF INTELLIGENCE.—(1) The Di24 rector of the National Counterproliferation Center shall 
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1 establish and maintain within the National 

2 Counterproliferation Center a Directorate of Intelligence. 

3 (2) The Directorate shall have primary responsibility 

4 within the United States Government for the analysis of 

5 information regarding proliferators (including individuals, 

6 entities, organizations, companies, and states) and their 

7 networks, from all sources of intelligence, whether col8 lected inside or outside the United States. 

9 (3) The Directorate shall— 

10 (A) be the principal repository within the 

11 United States Government for all-source information 

12 on suspected proliferators, their networks, their ac13 tivities, and their capabilities; 

14 (B) propose intelligence collection and analysis 

15 requirements and priorities for action by elements of 

16 the intelligence community inside and outside the 

17 United States; 

18 (C) have primary responsibility within the 

19 United States Government for net assessments and 

20 warnings about weapons of mass destruction pro21 liferation threats, which assessments and warnings 

22 shall be based on a comparison of the intentions and 

23 capabilities of proliferators with assessed national 

24 vulnerabilities and countermeasures; 
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1 (D) conduct through a separate office inde2 pendent analyses (commonly referred to as ‘‘red 

3 teaming’’) of intelligence collected and analyzed with 

4 respect to proliferation; and 

5 (E) perform such other duties and functions as 

6 the Director of the National Counterproliferation 

7 Center may prescribe. 

8 (g) DIRECTORATE OF PLANNING.—(1) The Director 

9 of the National Counterproliferation Center shall establish 

10 and maintain within the National Counterproliferation 

11 Center a Directorate of Planning. 

12 (2) The Directorate shall have primary responsibility 

13 for conducting strategic planning and developing courses 

14 of action for counterproliferation activities, as described 

15 in subsection (d)(4). 

16 (3) The Directorate shall— 

17 (A) provide guidance, and develop strategy and 

18 interagency plans, to counter proliferation activities 

19 based on policy objectives and priorities established 

20 by the National Security Council; 

21 (B) develop plans under subparagraph (A) uti22 lizing input from personnel in other departments, 

23 agencies, and elements of the United States Govern24 ment who have expertise in the priorities, functions, 

25 assets, programs, capabilities, and operations of 
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1 such departments, agencies, and elements with re2 spect to counterproliferation; 

3 (C) assign responsibilities and propose courses 

4 of action for counterproliferation operations to the 

5 departments and agencies of the United States Gov6 ernment (including the Department of Defense, the 

7 Department of State, the Central Intelligence Agen8 cy, the Federal Bureau of Investigation, the Depart9 ment of Homeland Security, and other departments 

10 and agencies of the United States Government), con11 sistent with the authorities of such departments and 

12 agencies; 

13 (D) monitor the implementation of operations 

14 assigned under subparagraph (C) and update inter15 agency plans for such operations as necessary; 

16 (E) report to the President and the National 

17 Intelligence Director on the performance of the de18 partments, agencies, and elements of the United 

19 States with regard to the plans developed under sub20 paragraph (A); and 

21 (F) perform such other duties and functions as 

22 the Director of the National Counterproliferation 

23 Center may prescribe. 

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

25 operations assigned under paragraph (3). 
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1 (h) STAFF.—(1) The National Intelligence Director 

2 may appoint deputy directors of the National 

3 Counterproliferation Center to oversee such portions of 

4 the operations of the Center as the National Intelligence 

5 Director considers appropriate. 

6 (2) To assist the Director of the National 

7 Counterproliferation Center in fulfilling the duties and re8 sponsibilities of the Director of the National Counter9 proliferation Center under this section, the National Intel10 ligence Director shall employ in the National 

11 Counterproliferation Center a professional staff having an 

12 expertise in matters relating to such duties and respon13 sibilities. 

14 (3) In providing for a professional staff for the Na15 tional Counterproliferation Center under paragraph (2), 

16 the National Intelligence Director may establish as posi17 tions in the excepted service such positions in the Center 

18 as the National Intelligence Director considers appro19 priate. 

20 (4) The National Intelligence Director shall ensure 

21 that the analytical staff of the National Counterpro22 liferation Center is comprised primarily of experts from 

23 elements in the intelligence community and from such 

24 other personnel in the United States Government as the 

25 National Intelligence Director considers appropriate. 
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1 (5)(A) In order to meet the requirements in para2 graph (4), the National Intelligence Director shall, from 

3 time to time— 

4 (i) specify the transfers, assignments, and de5 tails of personnel funded within the National Intel6 ligence Program to the National Counter7 proliferation Center from any element of the intel8 ligence community that the National Intelligence Di9 rector considers appropriate; and 

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

11 agency, or element of the United States Government 

12 and not funded within the National Intelligence Pro13 gram, request the transfer, assignment, or detail of 

14 such personnel from the department, agency, or 

15 other element concerned. 

16 (B)(i) The head of an element of the intelligence com17 munity shall promptly effect any transfer, assignment, or 

18 detail of personnel specified by the National Intelligence 

19 Director under subparagraph (A)(i). 

20 (ii) The head of a department, agency, or element of 

21 the United States Government receiving a request for 

22 transfer, assignment, or detail of personnel under sub23 paragraph (A)(ii) shall, to the extent practicable, approve 

24 the request. 
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1 (6) Personnel employed in or assigned or detailed to 

2 the National Counterproliferation Center under this sub3 section shall be under the authority, direction, and control 

4 of the Director of the National Counterproliferation Cen5 ter on all matters for which the Center has been assigned 

6 responsibility and for all matters related to the accom7 plishment of the missions of the Center. 

8 (7) Performance evaluations of personnel assigned or 

9 detailed to the National Counterproliferation Center under 

10 this subsection shall be undertaken by the supervisors of 

11 such personnel at the Center. 

12 (8) The supervisors of the staff of the National 

13 Counterproliferation Center may, with the approval of the 

14 National Intelligence Director, reward the staff of the 

15 Center for meritorious performance by the provision of 

16 such performance awards as the National Intelligence Di17 rector shall prescribe. 

18 (9) The National Intelligence Director may delegate 

19 to the Director of the National Counterproliferation Cen20 ter any responsibility, power, or authority of the National 

21 Intelligence Director under paragraphs (1) through (8). 

22 (10) The National Intelligence Director shall ensure 

23 that the staff of the National Counterproliferation Center 

24 has access to all databases and information maintained 
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1 by the elements of the intelligence community that are rel2 evant to the duties of the Center. 

3 (i) SUPPORT AND COOPERATION OF OTHER AGEN4 CIES.—(1) The elements of the intelligence community 

5 and the other departments, agencies, and elements of the 

6 United States Government shall support, assist, and co7 operate with the National Counterproliferation Center in 

8 carrying out its missions under this section. 

9 (2) The support, assistance, and cooperation of a de10 partment, agency, or element of the United States Govern11 ment under this subsection shall include, but not be lim12 ited to— 

13 (A) the implementation of interagency plans for 

14 operations, whether foreign or domestic, that are de15 veloped by the National Counterproliferation Center 

16 in a manner consistent with the laws and regulations 

17 of the United States and consistent with the limita18 tion in subsection (g)(4); 

19 (B) cooperative work with the Director of the 

20 National Counterproliferation Center to ensure that 

21 ongoing operations of such department, agency, or 

22 element do not conflict with operations planned by 

23 the Center; 

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

25 National Counterproliferation Center on the per-
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1 formance of such department, agency, or element in 

2 implementing responsibilities assigned to such de3 partment, agency, or element through joint oper4 ations plans; and 

5 (D) the provision to the analysts of the Na6 tional Counterproliferation Center electronic access 

7 in real time to information and intelligence collected 

8 by such department, agency, or element that is rel9 evant to the missions of the Center. 

10 (3) In the event of a disagreement between the Na11 tional Intelligence Director and the head of a department, 

12 agency, or element of the United States Government on 

13 a plan developed or responsibility assigned by the National 

14 Counterproliferation Center under this subsection, the Na15 tional Intelligence Director may either accede to the head 

16 of the department, agency, or element concerned or notify 

17 the President of the necessity of resolving the disagree18 ment. 

19 (j) DEFINITIONS.—In this section: 

20 (1) The term ‘‘counterproliferation’’ means— 

21 (A) activities, programs and measures for 

22 interdicting (including deterring, preventing, 

23 halting, and rolling back) the transfer or trans24 port (whether by air, land or sea) of weapons 

25 of mass destruction, their delivery systems, and 
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1 related materials and technologies to and from 

2 states and non-state actors (especially terrorists 

3 and terrorist organizations) of proliferation con4 cern; 

5 (B) enhanced law enforcement activities 

6 and cooperation to deter, prevent, halt, and roll7 back proliferation-related networks, activities, 

8 organizations, and individuals, and bring those 

9 involved to justice; and 

10 (C) activities, programs, and measures for 

11 identifying, collecting, and analyzing informa12 tion and intelligence related to the transfer or 

13 transport of weapons, systems, materials, and 

14 technologies as described in subparagraph (A). 

15 (2) ‘‘Counterproliferation’’ does not include— 

16 (A) the Cooperative Threat reduction and 

17 other threat reduction programs run or admin18 istered by the Department of Defense, Depart19 ment of Energy and Department of State; 

20 (B) the nonproliferation efforts and activi21 ties of the United States government as they 

22 apply to the implementation and management 

23 of nonproliferation treaties, conventions, and re24 gimes, or; 
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1 (C) programs designed to protect members 

2 of the Armed Forces from the employment of 

3 weapons of mass destruction by developing and 

4 fielding protective equipment, gear and cloth5 ing, and other means to enhance the surviv6 ability of Armed Forces personnel on the battle7 field. 

8 (3) The term ‘‘states and non-state actors of 

9 proliferation concern’’ refers to countries or entities 

10 (including individuals, entities, organizations, com11 panies, and networks) that should be subject to 

12 counterproliferation activities because of their ac13 tions or intent to engage in proliferation through— 

14 (A) efforts to develop or acquire chemical, 

15 biological, or nuclear weapons and associated 

16 delivery systems; or 

17 (B) transfers (either selling, receiving, or 

18 facilitating) of weapons of mass destruction, 

19 their delivery systems, or related materials. 

20 (k) REPORTS ON ESTABLISHMENT.—(1)(A) The 

21 President shall submit to Congress a report on the plans 

22 of the President to establish the National 

23 Counterproliferation Center as required by this section. 

24 (B) The report shall be submitted not later than six 

25 months after the date of the enactment of this Act, and 
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1 not later than 30 days before the date of the establishment 

2 of the National Counterproliferation Center. 

3 (2) The President shall submit to Congress from time 

4 to time such updates of the plans under paragraph (1) 

5 (a) as the President considers appropriate. Each update 

6 shall include such recommendations for legislative or ad7 ministrative action as the President considers appropriate 

8 to improve the effectiveness of the National Counter9 proliferation Center consistent with its mission. 

10 (l) CONSTRUCTION WITH CERTAIN CONDITIONS.— 

11 Nothing in this section shall override recommendations 

12 contained in the forthcoming final report of the Presi13 dent’s Commission on Weapons of Mass Destruction, es14 tablished by Executive Order in February 2004, that will 

15 improve the effectiveness of the National Counter16 proliferation Center: Provided, That in the case of a con17 flict between the Weapons of Mass Destruction Commis18 sion’s final report and the National Counterproliferation 

19 Center as established in this section, the Congress and the 

20 President shall consider the Commission’s recommenda21 tions and act as soon as practicable thereafter to make 

22 such modifications to statute as deemed necessary. 

23 SEC. 145. NATIONAL INTELLIGENCE CENTERS. 

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

25 National Intelligence Director may establish within the 
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1 National Intelligence Authority one or more centers (to 

2 be known as ‘‘national intelligence centers’’) to address 

3 intelligence priorities established by the National Security 

4 Council. 

5 (2) Each national intelligence center established 

6 under this section shall be assigned an area of intelligence 

7 responsibility, whether expressed in terms of geographic 

8 region, in terms of function, or in other terms. 

9 (3) There may be established under this subsection 

10 one or more national intelligence centers having intel11 ligence responsibility for the following: 

12 (A) The nuclear terrorism threats confronting 

13 the United States. 

14 (B) The chemical terrorism threats confronting 

15 the United States. 

16 (C) The biological terrorism threats confronting 

17 the United States. 

18 (4) National intelligence centers shall be established 

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

20 or upon the initiative of the National Intelligence Director. 

21 (b) ESTABLISHMENT OF CENTERS.—(1) In estab22 lishing a national intelligence center, the National Intel23 ligence Director shall assign lead responsibility for admin24 istrative support for such center to an element of the intel-
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1 ligence community selected by the Director for that pur2 pose. 

3 (2) The Director shall determine the structure and 

4 size of each national intelligence center. 

5 (3) The Director shall notify Congress of the estab6 lishment of each national intelligence center before the 

7 date of the establishment of such center. Each notice on 

8 a center shall set forth the mission of such center, the 

9 area of intelligence responsibility of such center, and the 

10 proposed structure of such center. 

11 (c) DIRECTORS OF CENTERS.—(1) Each national in12 telligence center shall have as its head a Director who 

13 shall be appointed by the National Intelligence Director 

14 for that purpose. 

15 (2) The Director of a national intelligence center 

16 shall serve as the principal adviser to the National Intel17 ligence Director on intelligence matters with respect to the 

18 area of intelligence responsibility assigned to the center. 

19 (3) In carrying out duties under paragraph (2), the 

20 Director of a national intelligence center shall— 

21 (A) manage the operations of the center; 

22 (B) coordinate the provision of administration 

23 and support by the element of the intelligence com24 munity with lead responsibility for the center under 

25 subsection (b)(1); 
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1 (C) submit budget and personnel requests for 

2 the center to the National Intelligence Director; 

3 (D) seek such assistance from other depart4 ments, agencies, and elements of the United States 

5 Government as is needed to fulfill the mission of the 

6 center; and 

7 (E) advise the National Intelligence Director of 

8 the information technology, personnel, and other re9 quirements of the center for the performance of its 

10 mission. 

11 (4) The National Intelligence Director shall ensure 

12 that the Director of a national intelligence center has suf13 ficient authority, direction, and control of the center and 

14 the personnel of the center to effectively accomplish the 

15 mission of the center. 

16 (5) If the Director of a national intelligence center 

17 determines at any time that the authority, direction, and 

18 control of the Director over the center is insufficient to 

19 accomplish the mission of the center, the Director shall 

20 promptly notify the National Intelligence Director of that 

21 determination. 

22 (d) MISSION OF CENTERS.—Pursuant to the direc23 tion of the National Intelligence Director, each national 

24 intelligence center shall, in the area of intelligence respon-
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1 sibility assigned to the center by the Director pursuant 

2 to intelligence priorities established by the President— 

3 (1) have primary responsibility for providing 

4 all-source analysis of intelligence based upon intel5 ligence gathered both abroad and domestically; 

6 (2) have primary responsibility for identifying 

7 and proposing to the National Intelligence Director 

8 intelligence collection and analysis requirements; 

9 (3) have primary responsibility for net assess10 ments and warnings; 

11 (4) ensure that appropriate officials of the 

12 United States Government and other appropriate of13 ficials have access to a variety of intelligence assess14 ments and analytical views; 

15 (5) develop and unify strategy for the collection 

16 and analysis of all-source intelligence; 

17 (6) integrate intelligence collection and analysis, 

18 both inside and outside the United States; 

19 (7) at the discretion of the NID develop inter20 agency plans for the collection of all-source intel21 ligence, which plans shall— 

22 (A) involve more than one department, 

23 agency, or element of the executive branch (un24 less otherwise directed by the President); and 
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1 (B) include the mission, objectives to be 

2 achieved, courses of action, parameters for such 

3 courses of action, coordination of agencies intel4 ligence collection activities, recommendations 

5 for intelligence collection plans, and assignment 

6 of departmental or agency responsibilities; 

7 (8) ensure that the collection of all-source intel8 ligence and the conduct of operations are informed 

9 by the analysis of all-source intelligence; and 

10 (9) perform such other duties as the National 

11 Intelligence Director shall specify. 

12 (e) INFORMATION SHARING.—(1) The National Intel13 ligence Director shall ensure that the Directors of the na14 tional intelligence centers and the other elements of the 

15 intelligence community undertake appropriate sharing of 

16 intelligence analysis and plans for operations in order to 

17 facilitate the activities of the centers, including through 

18 the establishment of mechanisms for the sharing of infor19 mation and analysis among and between national intel20 ligence centers having adjacent or significantly inter21 related geographic regions or functional areas of intel22 ligence responsibility. 

23 (2) In order to facilitate information sharing under 

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

25 centers shall— 
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1 (A) report directly to the National Intelligence 

2 Director regarding their activities under this section; 

3 and 

4 (B) coordinate with the Principal Deputy Na5 tional Intelligence Director regarding such activities. 

6 (f) STAFF.—(1) In providing for a professional staff 

7 for a national intelligence center, the National Intelligence 

8 Director may establish as positions in the excepted service 

9 such positions in the center as the National Intelligence 

10 Director considers appropriate. 

11 (2)(A) The National Intelligence Director shall, from 

12 time to time— 

13 (i) specify the transfers, assignments, and de14 tails of personnel funded within the National Intel15 ligence Program to a national intelligence center 

16 from any other element of the intelligence commu17 nity that the National Intelligence Director considers 

18 appropriate; and 

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

20 agency, or element of the United States Government 

21 not funded within the National Intelligence Pro22 gram, request the transfer, assignment, or detail of 

23 such personnel from the department, agency, or 

24 other element concerned. 
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1 (B)(i) The head of an element of the intelligence com2 munity shall promptly effect any transfer, assignment, or 

3 detail of personnel specified by the National Intelligence 

4 Director under subparagraph (A)(i). 

5 (ii) The head of a department, agency, or element of 

6 the United States Government receiving a request for 

7 transfer, assignment, or detail of personnel under sub8 paragraph (A)(ii) shall, to the extent practicable, approve 

9 the request. 

10 (C) Employees of Federally Funded Research and 

11 Development Centers (as that term is defined in part 2 

12 of the Federal Acquisition Regulation), including employ13 ees of the Department of Energy national laboratories who 

14 are associated with field intelligence elements of the De15 partment of Energy, shall be eligible to serve under con16 tract or other mechanism with a national intelligence cen17 ter under this paragraph. 

18 (3) Personnel employed in or assigned or detailed to 

19 a national intelligence center under this subsection shall 

20 be under the authority, direction, and control of the Direc21 tor of the center on all matters for which the center has 

22 been assigned responsibility and for all matters related to 

23 the accomplishment of the mission of the center. 

24 (4) Performance evaluations of personnel assigned or 

25 detailed to a national intelligence center under this sub-
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1 section shall be undertaken by the supervisors of such per2 sonnel at the center. 

3 (5) The supervisors of the staff of a national center 

4 may, with the approval of the National Intelligence Direc5 tor, reward the staff of the center for meritorious perform6 ance by the provision of such performance awards as the 

7 National Intelligence Director shall prescribe. 

8 (6) The National Intelligence Director may delegate 

9 to the Director of a national intelligence center any re10 sponsibility, power, or authority of the National Intel11 ligence Director under paragraphs (1) through (6). 

12 (7) The Director of a national intelligence center may 

13 recommend to the National Intelligence Director the reas14 signment to the home element concerned of any personnel 

15 previously assigned or detailed to the center from another 

16 element of the intelligence community. 

17 (g) REVIEW AND MODIFICATION OF CENTERS.—(1) 

18 Not less often than once each year, the National Intel19 ligence Director shall review the area of intelligence re20 sponsibility assigned to each national intelligence center 

21 under this section in order to determine whether or not 

22 such area of responsibility continues to meet intelligence 

23 priorities established by the National Security Council. 

24 (2) Not less often than once each year, the National 

25 Intelligence Director shall review the staffing and manage-
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1 ment of each national intelligence center under this section 

2 in order to determine whether or not such staffing or man3 agement remains appropriate for the accomplishment of 

4 the mission of such center. 

5 (3) The National Intelligence Director may at any 

6 time recommend to the President a modification of the 

7 area of intelligence responsibility assigned to a national 

8 intelligence center under this section. The National Intel9 ligence Director shall make any such recommendation 

10 through, and with the approval of, the National Security 

11 Council. 

12 (h) SEPARATE BUDGET ACCOUNT.—The National 

13 Intelligence Director shall, in accordance with procedures 

14 to be issued by the Director in consultation with the con15 gressional intelligence committees, include in the National 

16 Intelligence Program budget a separate line item for each 

17 national intelligence center under this section. 

18 (i) TERMINATION.—(1) The National Intelligence Di19 rector may terminate a national intelligence center if the 

20 National Intelligence Director determines that the center 

21 is no longer required to meet an intelligence priority estab22 lished by the President. 

23 (2) The National Intelligence Director shall notify 

24 Congress of any determination made under paragraph (1) 

25 before carrying out such determination. 
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1 SEC. 145. OFFICE OF ALTERNATIVE ANALYSIS. 

2 (a) OFFICE OF ALTERNATIVE ANALYSIS.—There is 

3 within the National Intelligence Authority an Office of Al4 ternative Analysis. 

5 (b) HEAD OF OFFICE.—The National Intelligence 

6 Director shall appoint the head of the Office of Alternative 

7 Analysis. 

8 (c) INDEPENDENCE OF OFFICE.—The National In9 telligence Director shall take appropriate actions to ensure 

10 the independence of the Office of Alternative Analysis in 

11 its activities under this section. 

12 (d) FUNCTION OF OFFICE.—(1) The Office of Alter13 native Analysis shall subject each National Intelligence 

14 Estimate (NIE), before the completion of such estimate, 

15 to a thorough examination of all facts, assumptions, ana16 lytic methods, and judgments utilized in or underlying any 

17 analysis, estimation, plan, evaluation, or recommendation 

18 contained in such estimate. 

19 (2)(A) The Office may also subject any other intel20 ligence estimate, brief, survey, assessment, or report des21 ignated by the National Intelligence Director to a thor22 ough examination as described in paragraph (1). 

23 (B) Not later than 180 days after the date of the 

24 enactment of this Act, the Director shall submit to the 

25 congressional intelligence committees a report on the esti-
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1 mates, briefs, surveys, assessments or reports, if any, des2 ignated by the Director under subparagraph (A). 

3 (3)(A) The purpose of an evaluation of an estimate 

4 or document under this subsection shall be to provide an 

5 independent analysis of any underlying facts, assumptions, 

6 and recommendations contained in such estimate or docu7 ment and to present alternative conclusions, if any, arising 

8 from such facts or assumptions or with respect to such 

9 recommendations. 

10 (B) In order to meet the purpose set forth in sub11 paragraph (A), the Office shall, unless otherwise directed 

12 by the President, have access to all analytic products, field 

13 reports, and raw intelligence of any element of the intel14 ligence community and such other reports and information 

15 as the Director considers appropriate. 

16 (4) The evaluation of an estimate or document under 

17 this subsection shall be known as a ‘‘OAA analysis’’ of 

18 such estimate or document. 

19 (5) Each estimate or document covered by an evalua20 tion under this subsection shall include an appendix that 

21 contains the findings and conclusions of the Office with 

22 respect to the estimate or document, as the case may be, 

23 based upon the evaluation of the estimate or document, 

24 as the case may be, by the Office under this subsection. 
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1 (6) The results of each evaluation of an estimate or 

2 document under this subsection shall be submitted to the 

3 congressional intelligence committees. 

4 Subtitle E—Education and Train5 ing of Intelligence Community 

6 Personnel 

7 SEC. 151. FRAMEWORK FOR CROSS-DISCIPLINARY EDU8 CATION AND TRAINING. 

9 The National Intelligence Director shall establish an 

10 integrated framework that brings together the educational 

11 components of the intelligence community in order to pro12 mote a more effective and productive intelligence commu13 nity through cross-disciplinary education and joint train14 ing. 

15 SEC. 152. INTELLIGENCE COMMUNITY SCHOLARSHIP PRO16 GRAM. 

17 (a) DEFINITIONS.—In this section: 

18 (1) AGENCY.—The term ‘‘agency’’ means each 

19 element of the intelligence community as determined 

20 by the National Intelligence Director. 

21 (2) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘‘institution of higher education’’ has the 

23 meaning given that term under section 101 of the 

24 Higher Education Act of 1965 (20 U.S.C. 1001). 
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1 (3) PROGRAM.—The term ‘‘Program’’ means 

2 the Intelligence Community Scholarship Program es3 tablished under subsection (b). 

4 (b) ESTABLISHMENT.— 

5 (1) IN GENERAL.—The National Intelligence 

6 Director, in consultation with the head of each agen7 cy, shall establish a scholarship program (to be 

8 known as the ‘‘Intelligence Community Scholarship 

9 Program’’) to award scholarships to individuals that 

10 is designed to recruit and prepare students for civil11 ian careers in the intelligence community to meet 

12 the critical needs of the intelligence community 

13 agencies. 

14 (2) SELECTION OF RECIPIENTS.— 

15 (A) MERIT AND AGENCY NEEDS.—Individ16 uals shall be selected to receive scholarships 

17 under this section through a competitive proc18 ess primarily on the basis of academic merit 

19 and the needs of the agency. 

20 (B) DEMONSTRATED COMMITMENT.—Indi21 viduals selected under this section shall have a 

22 demonstrated commitment to the field of study 

23 for which the scholarship is awarded. 

24 (3) CONTRACTUAL AGREEMENTS.—To carry 

25 out the Program the head of each agency shall enter 
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1 into contractual agreements with individuals selected 

2 under paragraph (2) under which the individuals 

3 agree to serve as full-time employees of the agency, 

4 for the period described in subsection (h)(1), in posi5 tions needed by the agency and for which the indi6 viduals are qualified, in exchange for receiving a 

7 scholarship. 

8 (c) ELIGIBILITY.—In order to be eligible to partici9 pate in the Program, an individual shall— 

10 (1) be enrolled or accepted for enrollment as a 

11 full-time student at an institution of higher edu12 cation and be pursuing or intend to pursue under13 graduate or graduate education in an academic field 

14 or discipline described in the list made available 

15 under subsection (e); 

16 (2) be a United States citizen; and 

17 (3) at the time of the initial scholarship award, 

18 not be an employee (as defined under section 2105 

19 of title 5, United States Code). 

20 (d) APPLICATION.— An individual seeking a scholar21 ship under this section shall submit an application to the 

22 National Intelligence Director at such time, in such man23 ner, and containing such information, agreements, or as24 surances as the Director may require. 
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1 (e) PROGRAMS AND FIELDS OF STUDY.—The Na2 tional Intelligence Director shall— 

3 (1) make publicly available a list of academic 

4 programs and fields of study for which scholarships 

5 under the Program may be used; and 

6 (2) update the list as necessary. 

7 (f) SCHOLARSHIPS.— 

8 (1) IN GENERAL.—The National Intelligence 

9 Director may provide a scholarship under the Pro10 gram for an academic year if the individual applying 

11 for the scholarship has submitted to the Director, as 

12 part of the application required under subsection 

13 (d), a proposed academic program leading to a de14 gree in a program or field of study on the list made 

15 available under subsection (e). 

16 (2) LIMITATION ON YEARS.—An individual may 

17 not receive a scholarship under this section for more 

18 than 4 academic years, unless the National Intel19 ligence Director grants a waiver. 

20 (3) STUDENT RESPONSIBILITIES.—Scholarship 

21 recipients shall maintain satisfactory academic 

22 progress. 

23 (4) AMOUNT.—The dollar amount of a scholar24 ship under this section for an academic year shall be 

25 determined under regulations issued by the National 
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1 Intelligence Director, but shall in no case exceed the 

2 cost of tuition, fees, and other authorized expenses 

3 as established by the Director. 

4 (5) USE OF SCHOLARSHIPS.—A scholarship 

5 provided under this section may be expended for tui6 tion, fees, and other authorized expenses as estab7 lished by the National Intelligence Director by regu8 lation. 

9 (6) PAYMENT TO INSTITUTION OF HIGHER

10 EDUCATION.—The National Intelligence Director 

11 may enter into a contractual agreement with an in12 stitution of higher education under which the 

13 amounts provided for a scholarship under this sec14 tion for tuition, fees, and other authorized expenses 

15 are paid directly to the institution with respect to 

16 which the scholarship is provided. 

17 (g) SPECIAL CONSIDERATION FOR CURRENT EM18 PLOYEES.— 

19 (1) SET ASIDE OF SCHOLARSHIPS.—Notwith20 standing paragraphs (1) and (3) of subsection (c), 

21 10 percent of the scholarships awarded under this 

22 section shall be set aside for individuals who are em23 ployees of agencies on the date of enactment of this 

24 section to enhance the education of such employees 

25 in areas of critical needs of agencies. 
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1 (2) FULL- OR PART-TIME EDUCATION.—Em2 ployees who are awarded scholarships under para3 graph (1) shall be permitted to pursue under4 graduate or graduate education under the scholar5 ship on a full-time or part-time basis. 

6 (h) EMPLOYEE SERVICE.— 

7 (1) PERIOD OF SERVICE.—Except as provided 

8 in subsection (j)(2), the period of service for which 

9 an individual shall be obligated to serve as an em10 ployee of the agency is 24 months for each academic 

11 year for which a scholarship under this section is 

12 provided. Under no circumstances shall the total pe13 riod of obligated service be more than 8 years. 

14 (2) BEGINNING OF SERVICE.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), obligated service under para17 graph (1) shall begin not later than 60 days 

18 after the individual obtains the educational de19 gree for which the scholarship was provided. 

20 (B) DEFERRAL.—In accordance with regu21 lations established by the National Intelligence 

22 Director, the Director or designee may defer 

23 the obligation of an individual to provide a pe24 riod of service under paragraph (1) if the Di-
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1 rector or designee determines that such a defer2 ral is appropriate. 

3 (i) REPAYMENT.— 

4 (1) IN GENERAL.—Scholarship recipients who 

5 fail to maintain a high level of academic standing, 

6 as defined by the National Intelligence Director, who 

7 are dismissed from their educational institutions for 

8 disciplinary reasons, or who voluntarily terminate 

9 academic training before graduation from the edu10 cational program for which the scholarship was 

11 awarded, shall be in breach of their contractual 

12 agreement and, in lieu of any service obligation aris13 ing under such agreement, shall be liable to the 

14 United States for repayment within 1 year after the 

15 date of default of all scholarship funds paid to them 

16 and to the institution of higher education on their 

17 behalf under the agreement, except as provided in 

18 subsection (j)(2). The repayment period may be ex19 tended by the Director when determined to be nec20 essary, as established by regulation. 

21 (2) LIABILITY.—Scholarship recipients who, for 

22 any reason, fail to begin or complete their service 

23 obligation after completion of academic training, or 

24 fail to comply with the terms and conditions of 

25 deferment established by the National Intelligence 
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1 Director under subsection (h)(2)(B), shall be in 

2 breach of their contractual agreement. When recipi3 ents breach their agreements for the reasons stated 

4 in the preceding sentence, the recipient shall be lia5 ble to the United States for an amount equal to— 

6 (A) the total amount of scholarships re7 ceived by such individual under this section; 

8 and 

9 (B) the interest on the amounts of such 

10 awards which would be payable if at the time 

11 the awards were received they were loans bear12 ing interest at the maximum legal prevailing 

13 rate, as determined by the Treasurer of the 

14 United States, multiplied by 3. 

15 (j) CANCELLATION, WAIVER, OR SUSPENSION OF OB16 LIGATION.— 

17 (1) CANCELLATION.—Any obligation of an indi18 vidual incurred under the Program (or a contractual 

19 agreement thereunder) for service or payment shall 

20 be canceled upon the death of the individual. 

21 (2) WAIVER OR SUSPENSION.—The National 

22 Intelligence Director shall prescribe regulations to 

23 provide for the partial or total waiver or suspension 

24 of any obligation of service or payment incurred by 

25 an individual under the Program (or a contractual 
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1 agreement thereunder) whenever compliance by the 

2 individual is impossible or would involve extreme 

3 hardship to the individual, or if enforcement of such 

4 obligation with respect to the individual would be 

5 contrary to the best interests of the Government. 

6 (k) REGULATIONS.—The National Intelligence Direc7 tor shall prescribe regulations necessary to carry out this 

8 section. 

9 SEC. 153. ADDITIONAL EDUCATION AND TRAINING RE10 QUIREMENTS. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) Foreign language education is essential for 

14 the development of a highly-skilled workforce for the 

15 intelligence community. 

16 (2) Since September 11, 2001, the need for lan17 guage proficiency levels to meet required national se18 curity functions has been raised, and the ability to 

19 comprehend and articulate technical and scientific 

20 information in foreign languages has become critical. 

21 (b) LINGUISTIC REQUIREMENTS.—(1) The National 

22 Intelligence Director shall— 

23 (A) identify the linguistic requirements for the 

24 National Intelligence Authority; 
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1 (B) identify specific requirements for the range 

2 of linguistic skills necessary for the intelligence com3 munity, including proficiency in scientific and tech4 nical vocabularies of critical foreign languages; and 

5 (C) develop a comprehensive plan for the Au6 thority to meet such requirements through the edu7 cation, recruitment, and training of linguists. 

8 (2) In carrying out activities under paragraph (1), 

9 the Director shall take into account education grant pro10 grams of the Department of Defense and the Department 

11 of Education that are in existence as of the date of the 

12 enactment of this Act. 

13 (3) Not later than one year after the date of the en14 actment of this Act, and annually thereafter, the Director 

15 shall submit to Congress a report on the requirements 

16 identified under paragraph (1), including the success of 

17 the Authority in meeting such requirements. Each report 

18 shall notify Congress of any additional resources deter19 mined by the Director to be required to meet such require20 ments. 

21 (4) Each report under paragraph (3) shall be in un22 classified form, but may include a classified annex. 

23 (c) PROFESSIONAL INTELLIGENCE TRAINING.—The 

24 National Intelligence Director shall require the head of 

25 each element and component within the National Intel-
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1 ligence Authority who has responsibility for professional 

2 intelligence training to periodically review and revise the 

3 curriculum for the professional intelligence training of the 

4 senior and intermediate level personnel of such element 

5 or component in order to— 

6 (1) strengthen the focus of such curriculum on 

7 the integration of intelligence collection and analysis 

8 throughout the Authority; and 

9 (2) prepare such personnel for duty with other 

10 departments, agencies, and element of the intel11 ligence community. 

12 Subtitle F—Additional Authorities 

13 of National Intelligence Authority 

14 SEC. 161. USE OF APPROPRIATED FUNDS. 

15 (a) DISPOSAL OF PROPERTY.—(1) If specifically au16 thorized to dispose of real property of the National Intel17 ligence Authority under any law enacted after the date of 

18 the enactment of this Act, the National Intelligence Direc19 tor shall, subject to paragraph (2), exercise such authority 

20 in strict compliance with subchapter IV of chapter 5 of 

21 title 40, United States Code. 

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

23 disposal of property of the National Intelligence Authority 

24 into the miscellaneous receipts of the Treasury in accord25 ance with section 3302(b) of title 31, United States Code. 
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1 (b) GIFTS.—Gifts or donations of services or property 

2 of or for the National Intelligence Authority may not be 

3 accepted, used, or disposed of unless specifically permitted 

4 in advance in an appropriations Act and only under the 

5 conditions and for the purposes specified in such appro6 priations Act. 

7 SEC. 162. ACQUISITION AND FISCAL AUTHORITIES. 

8 (a) ACQUISITIONS OF MAJOR SYSTEMS.—(1) For 

9 each intelligence program within the National Intelligence 

10 Program for the acquisition of a major system, the Na11 tional Intelligence Director shall— 

12 (A) require the development and implementa13 tion of a program management plan that includes 

14 cost, schedule, and performance goals and program 

15 milestone criteria; 

16 (B) serve as exclusive milestone decision 

17 authority, except that with respect to Depart18 ment of Defense programs the Director shall 

19 serve as milestone decision authority jointly 

20 with the Secretary of Defense or the designee 

21 of the Secretary; and 

22 (C) periodically— 

23 (i) review and assess the progress made to24 ward the achievement of the goals and mile25 stones established in such plan; and 
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1 (ii) submit to Congress a report on the re2 sults of such review and assessment. 

3 (2) The National Intelligence Director shall prescribe 

4 guidance for the development and implementation of pro5 gram management plans under this subsection. In pre6 scribing such guidance, the Director shall review Depart7 ment of Defense guidance on program management plans 

8 for Department of Defense programs for the acquisition 

9 of major systems and, to the extent feasible, incorporate 

10 the principles of the Department of Defense guidance into 

11 the Director’s guidance under this subsection. 

12 (3) Nothing in this subsection may be construed to 

13 limit the authority of the National Intelligence Director 

14 to delegate to any other official any authority to perform 

15 the responsibilities of the Director under this subsection. 

16 (4) If the National Intelligence Director and the Sec17 retary of Defense are unable to reach agreement on a mile18 stone decision under this subsection, the Director shall as19 sume milestone decision authority subject to review by the 

20 President at the request of the Secretary. 

21 (5) In this subsection: 

22 (A) The term ‘‘intelligence program’’, with re23 spect to the acquisition of a major system, means a 

24 program that— 
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1 (i) is carried out to acquire such major 

2 system for an element of the intelligence com3 munity; and 

4 (ii) is funded in whole out of amounts 

5 available for the National Intelligence Program. 

6 (B) The term ‘‘major system’’ has the meaning 

7 given such term in section 4(9) of the Federal Prop8 erty and Administrative Services Act of 1949 (41 

9 U.S.C. 403(9)). 

10 (b) AVAILABILITY OF FUNDS.—Notwithstanding any 

11 other provision of law (other than the provisions of this 

12 Act), sums appropriated or otherwise made available to 

13 the National Intelligence Authority may be expended for 

14 purposes necessary to carry out its functions, including 

15 any function performed by the National Intelligence Au16 thority that is described in section 8(a) of the Central In17 telligence Agency Act of 1949 (50 U.S.C. 403j(a)). 

18 (c) RELATIONSHIP OF DIRECTOR’S AUTHORITY TO

19 OTHER LAWS ON ACQUISITION AND MANAGEMENT OF

20 PROPERTY AND SERVICES.—Section 113(e) of title 40, 

21 United States Code, is amended— 

22 (A) by striking ‘‘or’’ at the end of paragraph 

23 (18); 

24 (B) by striking the period at the end of para25 graph (19) and inserting ‘‘; or’’; and 
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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(20) the National Intelligence Director.’’. 

4 (d) NATIONAL INTELLIGENCE DIRECTOR REPORT ON

5 ENHANCEMENT OF NSA AND NGIA ACQUISITION AU6 THORITIES.—Not later than one year after the date of the 

7 enactment of this Act, the National Intelligence Director 

8 shall— 

9 (1) review— 

10 (A) the acquisition authority of the Direc11 tor of the National Security Agency; and 

12 (B) the acquisition authority of the Direc13 tor of the National Geospatial-Intelligence 

14 Agency; and 

15 (2) submit to the Select Committee on Intel16 ligence and the Committee on Governmental Affairs 

17 of the Senate and the Permanent Select Committee 

18 on Intelligence and the Committee on Government 

19 Reform of the House of Representatives a report 

20 setting forth any recommended enhancements of the 

21 acquisition authorities of the Director of the Na22 tional Security Agency and the Director of the Na23 tional Geospatial-Intelligence Agency that the Na24 tional Intelligence Director considers necessary. 
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1 (e) COMPTROLLER GENERAL REPORT ON ACQUISI2 TION POLICIES AND PROCEDURES.—Not later than two 

3 years after the date of the enactment of this Act, the 

4 Comptroller General of the United States shall submit to 

5 Congress a report on the extent to which the policies and 

6 procedures adopted for managing the acquisition of major 

7 systems for national intelligence purposes, as identified by 

8 the National Intelligence Director, are likely to result in 

9 successful cost, schedule, and performance outcomes. 

10 SEC. 163. PERSONNEL MATTERS. 

11 (a) IN GENERAL.—In addition to the authorities pro12 vided in section 114, the National Intelligence Director 

13 may exercise with respect to the personnel of the National 

14 Intelligence Authority any authority of the Director of the 

15 Central Intelligence Agency with respect to the personnel 

16 of the Central Intelligence Agency under the Central Intel17 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and 

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

19 enactment of this Act to the same extent, and subject to 

20 the same conditions and limitations, that the Director of 

21 the Central Intelligence Agency may exercise such author22 ity with respect to personnel of the Central Intelligence 

23 Agency. 

24 (b) TERMINATION OF EMPLOYEES.—(1) Notwith25 standing any other provision of law, the National Intel-
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1 ligence Director may, in the discretion of the Director, ter2 minate the employment of any officer or employee of the 

3 National Intelligence Authority whenever the Director 

4 considers the termination of employment of such officer 

5 or employee necessary or advisable in the interests of the 

6 United States. 

7 (2) Any termination of employment of an officer or 

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

9 of the officer or employee to seek or accept employment 

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

11 States Government if declared eligible for such employ12 ment by the Office of Personnel Management. 

13 (c) OTHER RIGHTS AND PROTECTIONS OF EMPLOY14 EES AND APPLICANTS.—Employees and applicants for 

15 employment of the National Intelligence Authority shall 

16 have the same rights and protections under the Authority 

17 as employees of the Central Intelligence Agency have 

18 under the Central Intelligence Agency Act of 1949, and 

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

20 enactment of this Act. 

21 (d) REGULATIONS.—The National Intelligence Direc22 tor shall prescribe regulations on the application of the 

23 authorities, rights, and protections in and made applicable 

24 by subsections (a), (b), and (c), to the personnel of the 

25 National Intelligence Authority. 
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1 SEC. 164. ETHICS MATTERS. 

2 (a) POLITICAL SERVICE OF PERSONNEL.—Section 

3 7323(b)(2)(B)(i) of title 5, United States Code, is amend4 ed— 

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

6 end; and 

7 (2) by inserting after subclause (XIII) the fol8 lowing new subclause: 

9 ‘‘(XIV) the National Intelligence Author10 ity; or’’. 

11 (b) DELETION OF INFORMATION ABOUT FOREIGN

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

13 is amended— 

14 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

15 (2) in subparagraph (A), as so designated, by 

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

17 inserting ‘‘the Director of the Central Intelligence 

18 Agency’’; and 

19 (3) by adding at the end the following new sub20 paragraph: 

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

22 Intelligence Authority, the National Intelligence Director 

23 may delete the information described in subparagraphs 

24 (A) and (C) of paragraphs (2) and (3) if the Director cer25 tifies in writing to the Secretary of State that the publica-
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1 tion of such information could adversely affect United 

2 States intelligence sources.’’. 

3 (c) EXEMPTION FROM FINANCIAL DISCLOSURES.— 

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

5 U.S.C. App.) is amended by inserting ‘‘the National Intel6 ligence Authority,’’ before ‘‘the Central Intelligence Agen7 cy’’. 

8 TITLE II—OTHER IMPROVE9 MENTS OF INTELLIGENCE AC10 TIVITIES 

11 Subtitle A—Improvements of 

12 Intelligence Activities 

13 SEC. 201. AVAILABILITY TO PUBLIC OF CERTAIN INTEL14 LIGENCE FUNDING INFORMATION. 

15 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.— 

16 The President shall disclose to the public for each fiscal 

17 year after fiscal year 2005 the aggregate amount of appro18 priations requested in the budget of the President for such 

19 fiscal year for the National Intelligence Program. 

20 (b) AMOUNTS AUTHORIZED AND APPROPRIATED

21 EACH FISCAL YEAR.—Congress shall disclose to the pub22 lic for each fiscal year after fiscal year 2005 the aggregate 

23 amount of funds authorized to be appropriated, and the 

24 aggregate amount of funds appropriated, by Congress for 

25 such fiscal year for the National Intelligence Program. 
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1 (c) STUDY OF DISCLOSURE OF ADDITIONAL INFOR2 MATION.—(1) The National Intelligence Director shall 

3 conduct a study to assess the advisability of disclosing to 

4 the public amounts as follows: 

5 (A) The aggregate amount of appropriations re6 quested in the budget of the President for each fis7 cal year for each element of the intelligence commu8 nity. 

9 (B) The aggregate amount of funds authorized 

10 to be appropriated, and the aggregate amount of 

11 funds appropriated, by Congress for each fiscal year 

12 for each element of the intelligence community. 

13 (2) The study under paragraph (1) shall— 

14 (A) address whether or not the disclosure to the 

15 public of the information referred to in that para16 graph would harm the national security of the 

17 United States; and 

18 (B) take into specific account concerns relating 

19 to the disclosure of such information for each ele20 ment of the intelligence community. 

21 (3) Not later than 180 days after the effective date 

22 of this section, the Director shall submit to Congress a 

23 report on the study under paragraph (1). 
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1 SEC. 202. JOINT INTELLIGENCE COMMUNITY COUNCIL. 

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

3 U.S.C. 401 et seq.) is amended by inserting after section 

4 101 the following new section: 

5 ‘‘JOINT INTELLIGENCE COMMUNITY COUNCIL

6 ‘‘SEC. 101A. (a) JOINT INTELLIGENCE COMMUNITY

7 COUNCIL.—There is a Joint Intelligence Community 

8 Council. 

9 ‘‘(b) MEMBERSHIP.—The Joint Intelligence Commu10 nity Council shall consist of the following: 

11 ‘‘(1) The National Intelligence Director, who 

12 shall chair the Council. 

13 ‘‘(2) The Secretary of State. 

14 ‘‘(3) The Secretary of the Treasury. 

15 ‘‘(4) The Secretary of Defense. 

16 ‘‘(5) The Attorney General. 

17 ‘‘(6) The Secretary of Energy. 

18 ‘‘(7) The Secretary of Homeland Security. 

19 ‘‘(8) Such other officers of the United States 

20 Government as the President may designate from 

21 time to time. 

22 ‘‘(c) FUNCTIONS.—The Joint Intelligence Commu23 nity Council shall assist the National Intelligence Director 

24 to in developing and implementing a joint, unified national 

25 intelligence effort to protect national security by— 
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1 ‘‘(1) advising the Director on establishing re2 quirements, developing budgets, financial manage3 ment, and monitoring and evaluating the perform4 ance of the intelligence community, and on such 

5 other matters as the Director may request; and 

6 ‘‘(2) ensuring the timely execution of programs, 

7 policies, and directives established or developed by 

8 the Director. 

9 ‘‘(d) MEETINGS.—The National Intelligence Director 

10 shall convene regular meetings of the Joint Intelligence 

11 Community Council. 

12 ‘‘(e) ADVICE AND OPINIONS OF MEMBERS OTHER

13 THAN CHAIRMAN.—(1) A member of the Joint Intel14 ligence Community Council (other than the Chairman) 

15 may submit to the Chairman advice or an opinion in dis16 agreement with, or advice or an opinion in addition to, 

17 the advice presented by the National Intelligence Director 

18 to the President or the National Security Council, in the 

19 role of the Chairman as Chairman of the Joint Intelligence 

20 Community Council. If a member submits such advice or 

21 opinion, the Chairman shall present the advice or opinion 

22 of such member at the same time the Chairman presents 

23 the advice of the Chairman to the President or the Na24 tional Security Council, as the case may be. 
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1 ‘‘(2) The Chairman shall establish procedures to en2 sure that the presentation of the advice of the Chairman 

3 to the President or the National Security Council is not 

4 unduly delayed by reason of the submission of the indi5 vidual advice or opinion of another member of the Council. 

6 ‘‘(f) RECOMMENDATIONS TO CONGRESS.—Any mem7 ber of the Joint Intelligence Community Council may 

8 make such recommendations to Congress relating to the 

9 intelligence community as such member considers appro10 priate.’’. 

11 SEC. 203. IMPROVEMENT OF INTELLIGENCE CAPABILITIES 

12 OF THE FEDERAL BUREAU OF INVESTIGA13 TION. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) The National Commission on Terrorist At17 tacks Upon the United States in its final report 

18 stated that, under Director Robert Mueller, the Fed19 eral Bureau of Investigation has made significant 

20 progress in improving its intelligence capabilities. 

21 (2) In the report, the members of the Commis22 sion also urged that the Federal Bureau of Inves23 tigation fully institutionalize the shift of the Bureau 

24 to a preventive counterterrorism posture. 
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1 (b) IMPROVEMENT OF INTELLIGENCE CAPABILI2 TIES.—The Director of the Federal Bureau of Investiga3 tion shall continue efforts to improve the intelligence capa4 bilities of the Federal Bureau of Investigation and to de5 velop and maintain within the Bureau a national intel6 ligence workforce. 

7 (c) NATIONAL INTELLIGENCE WORKFORCE.—(1) In 

8 developing and maintaining a national intelligence work9 force under subsection (b), the Director of the Federal Bu10 reau of Investigation shall, develop and maintain a special11 ized and integrated national intelligence workforce con12 sisting of agents, analysts, linguists, and surveillance spe13 cialists who are recruited, trained, and rewarded in a man14 ner which ensures the existence within the Federal Bureau 

15 of Investigation an institutional culture with substantial 

16 expertise in, and commitment to, the intelligence mission 

17 of the Bureau. 

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

19 date of the enactment of this Act shall receive basic train20 ing in both criminal justice matters and national intel21 ligence matters. 

22 (3) Each agent employed by the Bureau after the 

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

24 extent practicable, be given the opportunity to undergo, 

25 during such agent’s early service with the Bureau, mean-
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1 ingful assignments in criminal justice matters and in na2 tional intelligence matters. 

3 (4) The Director shall— 

4 (A) establish career positions in national intel5 ligence matters for agents, analysts, and related per6 sonnel of the Bureau; and 

7 (B) in furtherance of the requirement under 

8 subparagraph (A) and to the maximum extent prac9 ticable, afford agents, analysts, and related per10 sonnel of the Bureau the opportunity to work in the 

11 career specialty selected by such agents, analysts, 

12 and related personnel over their entire career with 

13 the Bureau. 

14 (5) The Director shall carry out a program to en15 hance the capacity of the Bureau to recruit and retain 

16 individuals with backgrounds in intelligence, international 

17 relations, language, technology, and other skills relevant 

18 to the intelligence mission of the Bureau. 

19 (6) The Director shall, to the maximum extent prac20 ticable, afford the analysts of the Bureau training and ca21 reer opportunities commensurate with the training and ca22 reer opportunities afforded analysts in other elements of 

23 the intelligence community. 

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

25 of the enactment of this Act, each direct supervisor of a 
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1 Field Intelligence Group, and each Bureau Operational 

2 Manager at the Section Chief and Assistant Special Agent 

3 in Charge (ASAC) level and above, shall be a certified in4 telligence officer. 

5 (8) The Director shall, to the maximum extent prac6 ticable, ensure that the successful discharge of advanced 

7 training courses, and of one or more assignments to an8 other element of the intelligence community, is a pre9 condition to advancement to higher level intelligence as10 signments within the Bureau. 

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

12 intelligence capabilities of the Federal Bureau of Inves13 tigation under subsection (b), the Director of the Federal 

14 Bureau of Investigation shall ensure that each Field Intel15 ligence Group reports directly to a field office senior man16 ager responsible for intelligence matters. 

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

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

19 is necessary to ensure the discharge by the field offices 

20 of the intelligence mission of the Bureau. 

21 (3) The Director shall require that each Field Intel22 ligence Group manager ensures the integration of ana23 lysts, agents, linguists, and surveillance personnel in the 

24 field. 
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1 (e) DISCHARGE OF IMPROVEMENTS.—(1) The Direc2 tor of the Federal Bureau of Investigation shall carry out 

3 subsections (b) through (d) through the head of the Direc4 torate of Intelligence of the Federal Bureau of Investiga5 tion. 

6 (2) The Director of the Federal Bureau of Investiga7 tion shall carry out subsections (b) through (d) under the 

8 joint guidance of the Attorney General and the National 

9 Intelligence Director in a manner consistent with section 

10 112(a)(8). 

11 (f) BUDGET MATTERS.—The Director of the Federal 

12 Bureau of Investigation shall, establish a budget structure 

13 of the Federal Bureau of Investigation to reflect the four 

14 principle missions of the Bureau as follows: 

15 (1) Intelligence. 

16 (2) Counterterrorism and counterintelligence. 

17 (3) Criminal Enterprises/Federal Crimes. 

18 (4) Criminal justice services. 

19 (g) REPORTS.—(1) Not later than 180 days after the 

20 date of the enactment of this Act, the Director of the Fed21 eral Bureau of Investigation shall submit to Congress a 

22 report on the progress made as of the date of such report 

23 in carrying out the requirements of this section. 

24 (2) The Director shall include in each annual pro25 gram review of the Federal Bureau of Investigation that 
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1 is submitted to Congress a report on the progress made 

2 by each field office of the Bureau during the period cov3 ered by such review in addressing Bureau and national 

4 program priorities. 

5 (3) Not later than 180 days after the date of the en6 actment of this Act, and every 12 months thereafter, the 

7 Director shall submit to Congress a report assessing the 

8 qualifications, status, and roles of analysts at Bureau 

9 headquarters and in the field offices of the Bureau. 

10 (4) Not later than 180 days after the date of the en11 actment of this Act, and every 12 months thereafter, the 

12 Director shall submit to Congress a report on the progress 

13 of the Bureau in implementing information-sharing prin14 ciples. 

15 SEC. 205. FEDERAL BUREAU OF INVESTIGATION INTEL16 LIGENCE CAREER SERVICE. 

17 (a) SHORT TITLE.—This section may be cited as the 

18 ‘‘Federal Bureau of Investigation Intelligence Career 

19 Service Authorization Act of 2005’’. 

20 (b) ESTABLISHMENT OF FEDERAL BUREAU OF IN21 VESTIGATION INTELLIGENCE CAREER SERVICE.— 

22 (1) IN GENERAL.—The Director of the Federal 

23 Bureau of Investigation, in consultation with the Di24 rector of the Office of Personnel Management— 
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1 (A) may establish positions for intelligence 

2 analysts, without regard to chapter 51 of title 

3 5, United States Code; 

4 (B) shall prescribe standards and proce5 dures for establishing and classifying such posi6 tions; and 

7 (C) may fix the rate of basic pay for such 

8 positions, without regard to subchapter III of 

9 chapter 53 of title 5, United States Code, if the 

10 rate of pay is not greater than the rate of basic 

11 pay payable for level IV of the Executive Sched12 ule. 

13 (2) LEVELS OF PERFORMANCE.—Any perform14 ance management system established for intelligence 

15 analysts shall have at least 1 level of performance 

16 above a retention standard. 

17 (c) REPORTING REQUIREMENT.—Not less than 60 

18 days before the date of the implementation of authorities 

19 authorized under this section, the Director of the Federal 

20 Bureau of Investigation shall submit an operating plan de21 scribing the Director’s intended use of the authorities 

22 under this section to— 

23 (1) the Committees on Appropriations of the 

24 Senate and the House of Representatives; 
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1 (2) the Committee on Governmental Affairs of 

2 the Senate; 

3 (3) the Committee on Government Reform of 

4 the House of Representatives; 

5 (4) the congressional intelligence committees; 

6 and 

7 (5) the Committees on the Judiciary of the Sen8 ate and the House of Representatives. 

9 (d) ANNUAL REPORT.—Not later than December 31, 

10 2005, and annually thereafter for 4 years, the Director 

11 of the Federal Bureau of Investigation shall submit an an12 nual report of the use of the permanent authorities pro13 vided under this section during the preceding fiscal year 

14 to— 

15 (1) the Committees on Appropriations of the 

16 Senate and the House of Representatives; 

17 (2) the Committee on Governmental Affairs of 

18 the Senate; 

19 (3) the Committee on Government Reform of 

20 the House of Representatives; 

21 (4) the congressional intelligence committees; 

22 and 

23 (5) the Committees on the Judiciary of the Sen24 ate and the House of Representatives. 
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1 SEC. 206. DIRECTORATE OF INTELLIGENCE OF THE FED2 ERAL BUREAU OF INVESTIGATION. 

3 (a) DIRECTORATE OF INTELLIGENCE OF FEDERAL

4 BUREAU OF INVESTIGATION.—The element of the Federal 

5 Bureau of Investigation known as of the date of the enact6 ment of this Act as the Office of Intelligence is hereby 

7 redesignated as the Directorate of Intelligence of the Fed8 eral Bureau of Investigation. 

9 (b) HEAD OF DIRECTORATE.—The head of the Di10 rectorate of Intelligence shall be the Executive Assistant 

11 Director for Intelligence of the Federal Bureau of Inves12 tigation. 

13 (c) RESPONSIBILITIES.—The Directorate of Intel14 ligence shall be responsible for the following: 

15 (1) Supervision of all national intelligence pro16 grams, projects, and activities of the Bureau. 

17 (2) The discharge by the Bureau of the require18 ments in section 105B of the National Security Act 

19 of 1947 (50 U.S.C. 403–5b). 

20 (3) The oversight of Bureau field intelligence 

21 operations. 

22 (4) Coordinating human source development 

23 and management by the Bureau. 

24 (5) Coordinating collection by the Bureau 

25 against nationally-determined intelligence require26 ments. 
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1 (6) Strategic analysis. 

2 (7) Intelligence program and budget manage3 ment. 

4 (8) The intelligence workforce. 

5 (9) Any other responsibilities specified by the 

6 Director of the Federal Bureau of Investigation or 

7 specified by law. 

8 (d) STAFF.—The Directorate of Intelligence shall 

9 consist of such staff as the Director of the Federal Bureau 

10 of Investigation considers appropriate for the activities of 

11 the Directorate. 

12 SEC. 207. INFORMATION SHARING. 

13 (a) DEFINITIONS.—In this section: 

14 (1) EXECUTIVE COUNCIL.—The term ‘‘Execu15 tive Council’’ means the Executive Council on Infor16 mation Sharing established under subsection (h). 

17 (2) HOMELAND SECURITY INFORMATION.—The 

18 term ‘‘homeland security information’’ means all in19 formation, whether collected, produced, or distrib20 uted by intelligence, law enforcement, military, 

21 homeland security, or other activities relating to— 

22 (A) the existence, organization, capabili23 ties, plans, intentions, vulnerabilities, means of 

24 finance or material support, or activities of for25 eign or international terrorist groups or individ-
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1 uals, or of domestic groups or individuals in2 volved in transnational terrorism; 

3 (B) threats posed by such groups or indi4 viduals to the United States, United States per5 sons, or United States interests, or to those of 

6 other nations; 

7 (C) communications of or by such groups 

8 or individuals; or 

9 (D) groups or individuals reasonably be10 lieved to be assisting or associated with such 

11 groups or individuals. 

12 (3) ENVIRONMENT.—The term ‘‘Environment’’ 

13 means the Information Sharing Environment as de14 scribed under subsection (c). 

15 (b) FINDINGS.—Consistent with the report of the Na16 tional Commission on Terrorist Attacks upon the United 

17 States, Congress makes the following findings: 

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

19 available sources, is essential to the fight against 

20 terror and the protection of our homeland. The big21 gest impediment to all-source analysis, and to a 

22 greater likelihood of ‘‘connecting the dots’’, is resist23 ance to sharing information. 

24 (2) The United States Government has access 

25 to a vast amount of information, including not only 
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1 traditional intelligence but also other government 

2 databases, such as those containing customs or im3 migration information. However, the United States 

4 Government has a weak system for processing and 

5 using the information it has. 

6 (3) In the period preceding September 11, 

7 2001, there were instances of potentially helpful in8 formation that was available but that no person 

9 knew to ask for; information that was distributed 

10 only in compartmented channels, and information 

11 that was requested but could not be shared. 

12 (4) Current security requirements nurture over13 classification and excessive compartmentalization of 

14 information among agencies. Each agency’s incentive 

15 structure opposes sharing, with risks, including 

16 criminal, civil, and administrative sanctions, but few 

17 rewards for sharing information. 

18 (5) The current system, in which each intel19 ligence agency has its own security practices, re20 quires a demonstrated ‘‘need to know’’ before shar21 ing. This approach assumes that it is possible to 

22 know, in advance, who will need to use the informa23 tion. An outgrowth of the cold war, such a system 

24 implicitly assumes that the risk of inadvertent dis25 closure outweighs the benefits of wider sharing. 
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1 Such assumptions are no longer appropriate. Al2 though counterintelligence concerns are still real, the 

3 costs of not sharing information are also substantial. 

4 The current ‘‘need-to-know’’ culture of information 

5 protection needs to be replaced with a ‘‘need-to6 share’’ culture of integration. 

7 (6) A new approach to the sharing of intel8 ligence and homeland security information is ur9 gently needed. An important conceptual model for a 

10 new ‘‘trusted information network’’ is the System11 wide Homeland Analysis and Resource Exchange 

12 (SHARE) Network proposed by a task force of lead13 ing professionals assembled by the Markle Founda14 tion and described in reports issued in October 2002 

15 and December 2003. 

16 (7) No single agency can create a meaningful 

17 information sharing system on its own. Alone, each 

18 agency can only modernize stovepipes, not replace 

19 them. Presidential leadership is required to bring 

20 about governmentwide change. 

21 (c) INFORMATION SHARING ENVIRONMENT.— 

22 (1) ESTABLISHMENT.—The President shall es23 tablish a trusted information network and secure in24 formation sharing environment to promote sharing 

25 of intelligence and homeland security information in 
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1 a manner consistent with national security and the 

2 protection of privacy and civil liberties, and based on 

3 clearly defined and consistently applied policies and 

4 procedures, and valid investigative, analytical or 

5 operational requirements. 

6 (2) ATTRIBUTES.—The Environment shall pro7 mote coordination, communication and collaboration 

8 of people and information among all relevant Fed9 eral departments and agencies, State, tribal, and 

10 local authorities, and relevant private sector entities, 

11 including owners and operators of critical infrastruc12 ture, by using policy guidelines and technologies that 

13 support— 

14 (A) a decentralized, distributed, and co15 ordinated environment that connects existing 

16 systems where appropriate and allows users to 

17 share information among agencies, between lev18 els of government, and, as appropriate, with the 

19 private sector; 

20 (B) the sharing of information in a form 

21 and manner that facilitates its use in analysis, 

22 investigations and operations; 

23 (C) building upon existing systems capa24 bilities currently in use across the Government; 
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1 (D) utilizing industry best practices, in2 cluding minimizing the centralization of data 

3 and seeking to use common tools and capabili4 ties whenever possible; 

5 (E) employing an information access man6 agement approach that controls access to data 

7 rather than to just networks; 

8 (F) facilitating the sharing of information 

9 at and across all levels of security by using pol10 icy guidelines and technologies that support 

11 writing information that can be broadly shared; 

12 (G) providing directory services for locat13 ing people and information; 

14 (H) incorporating protections for individ15 uals’ privacy and civil liberties; 

16 (I) incorporating strong mechanisms for 

17 information security and privacy and civil lib18 erties guideline enforcement in order to enhance 

19 accountability and facilitate oversight, includ20 ing— 

21 (i) multifactor authentication and ac22 cess control; 

23 (ii) strong encryption and data protec24 tion; 

25 (iii) immutable audit capabilities; 
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1 (iv) automated policy enforcement; 

2 (v) perpetual, automated screening for 

3 abuses of network and intrusions; and 

4 (vi) uniform classification and han5 dling procedures; 

6 (J) compliance with requirements of appli7 cable law and guidance with regard to the plan8 ning, design, acquisition, operation, and man9 agement of information systems; 

10 (K) permitting continuous system up11 grades to benefit from advances in technology 

12 while preserving the integrity of stored data; 

13 and 

14 (L) utilizing privacy-enhancing tech15 nologies that minimize the inappropriate dis16 semination and disclosure of personally identifi17 able information. 

18 (d) IMMEDIATE ACTIONS.—Not later than 180 days 

19 after the date of the enactment of this Act, the principal 

20 officer as designated in subsection 206(g), in consultation 

21 with the Executive Council, shall— 

22 (1) submit to the President and to Congress a 

23 description of the technological, legal, and policy 

24 issues presented by the creation of the Environment 
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1 described in subsection (c), and the way in which 

2 these issues will be addressed; 

3 (2) establish electronic directory services to as4 sist in locating in the Federal Government intel5 ligence and homeland security information and peo6 ple with relevant knowledge about intelligence and 

7 homeland security information; and 

8 (3) conduct a review of relevant current Federal 

9 agency capabilities, including— 

10 (A) a baseline inventory of current Federal 

11 systems that contain intelligence or homeland 

12 security information; 

13 (B) the money currently spent to maintain 

14 those systems; and 

15 (C) identification of other information that 

16 should be included in the Environment. 

17 (e) GUIDELINES AND REQUIREMENTS.—As soon as 

18 possible, but in no event later than 270 days after the 

19 date of the enactment of this Act, the President shall— 

20 (1) in consultation with the Executive Council, 

21 issue guidelines— 

22 (A) for acquiring, accessing, sharing, and 

23 using information, including guidelines to en24 sure that information is provided in its most 

25 shareable form, such as by separating out data 
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1 from the sources and methods by which that 

2 data are obtained; and 

3 (B) issue guidelines on classification policy 

4 and handling procedures across Federal agen5 cies, including commonly accepted processing 

6 and access controls, in the course of which re7 view, the President may consider any comments 

8 submitted by the Select Committee on Intel9 ligence, the Committee on Armed Services, the 

10 Committee on Foreign Relations of the Senate, 

11 and the Permanent Select Committee on Intel12 ligence, the Committee on Armed Services, and 

13 the Committee on International Relations of the 

14 House of Representatives regarding— 

15 (i) the scope of the review the Presi16 dent should undertake in formulating the 

17 guidelines under this subparagraph; and 

18 (ii) the substance of what guidelines 

19 should be issued. 

20 (2) in consultation with the Privacy and Civil 

21 Liberties Oversight Board established under section 

22 211, issue guidelines that— 

23 (A) protect privacy and civil liberties in the 

24 development and use of the Environment; and 
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1 (B) shall be made public, unless, and only 

2 to the extent that, nondisclosure is clearly nec3 essary to protect national security; and 

4 (3) require the heads of Federal departments 

5 and agencies to promote a culture of information 

6 sharing by— 

7 (A) reducing disincentives to information 

8 sharing, including overclassification of informa9 tion and unnecessary requirements for origi10 nator approval; and 

11 (B) providing affirmative incentives for in12 formation sharing, such as the incorporation of 

13 information sharing performance measures into 

14 agency and managerial evaluations, and em15 ployee awards for promoting innovative infor16 mation sharing practices. 

17 (f) ENTERPRISE ARCHITECTURE AND IMPLEMENTA18 TION PLAN.—Not later than 1 year after the date of the 

19 enactment of this Act, the President shall submit to Con20 gress an enterprise architecture and implementation plan 

21 for the Environment. The enterprise architecture and im22 plementation plan shall be prepared by the principal offi23 cer in consultation with the Executive Council and shall 

24 include— 
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1 (1) a description of the parameters of the pro2 posed Environment, including functions, capabilities, 

3 and resources; 

4 (2) a delineation of the roles of the Federal de5 partments and agencies that will participate in the 

6 development of the Environment, including identi7 fication of any agency that will build the infrastruc8 ture needed to operate and manage the Environment 

9 (as distinct from the individual agency components 

10 that are to be part of the Environment), with the 

11 delineation of roles to be consistent with— 

12 (A) the authority of the National Intel13 ligence Director under this Act to set standards 

14 for information sharing and information tech15 nology throughout the intelligence community; 

16 and 

17 (B) the authority of the Secretary of 

18 Homeland Security and the role of the Depart19 ment of Homeland Security in coordinating 

20 with State, tribal, and local officials and the 

21 private sector; 

22 (3) a description of the technological require23 ments to appropriately link and enhance existing 

24 networks and a description of the system design that 

25 will meet these requirements; 
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1 (4) an enterprise architecture that— 

2 (A) is consistent with applicable laws and 

3 guidance with regard to planning, design, acqui4 sition, operation, and management of informa5 tion systems; 

6 (B) will be used to guide and define the 

7 development and implementation of the Envi8 ronment; and 

9 (C) addresses the existing and planned en10 terprise architectures of the departments and 

11 agencies participating in the Environment; 

12 (5) a description of how privacy and civil lib13 erties will be protected throughout the design and 

14 implementation of the Environment; 

15 (6) objective, systemwide performance measures 

16 to enable the assessment of progress toward achiev17 ing full implementation of the Environment; 

18 (7) a plan, including a time line, for the devel19 opment and phased implementation of the Environ20 ment; 

21 (8) total budget requirements to develop and 

22 implement the Environment, including the estimated 

23 annual cost for each of the 5 years following the 

24 date of the enactment of this Act; 
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1 (9) an estimate of training requirements needed 

2 to ensure that the Environment will be adequately 

3 implemented and property utilized; 

4 (10) an analysis of the cost to State, tribal, and 

5 local governments and private sector entities for 

6 equipment and training needed to effectively utilize 

7 the Environment; and 

8 (11) proposals for any legislation that the Di9 rector of Management and Budget determines nec10 essary to implement the Environment. 

11 (g) RESPONSIBILITIES OF EXECUTIVE COUNCIL FOR

12 INFORMATION SHARING ENVIRONMENT.—Not later than 

13 120 days after the date of enactment, with notification 

14 to Congress, the President shall designate an individual 

15 as the principal officer responsible for information sharing 

16 across the Federal government. That individual shall have 

17 and exercise governmentwide authority and have manage18 ment expertise in enterprise architecture, information 

19 sharing, and interoperability. 

20 (1) ADDITIONAL DUTIES AND RESPONSIBIL21 ITIES.— 

22 (A) IN GENERAL.—The principal officer 

23 designated under this subsection, in consulta24 tion with the Executive Council, shall— 
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1 (i) implement and manage the Envi2 ronment; 

3 (ii) develop and implement policies, 

4 procedures, guidelines, rules, and stand5 ards as appropriate to foster the develop6 ment and proper operation of the Environ7 ment; and 

8 (iii) assist, monitor, and assess the 

9 implementation of the Environment by 

10 Federal departments and agencies to en11 sure adequate progress, technological con12 sistency and policy compliance; and regu13 larly report the findings to Congress. 

14 (B) CONTENT OF POLICIES, PROCEDURES, 

15 GUIDELINES, RULES, AND STANDARDS.—The 

16 policies, procedures, guidelines, rules, and 

17 standards under subparagraph (A)(ii) shall— 

18 (i) take into account the varying mis19 sions and security requirements of agencies 

20 participating in the Environment; 

21 (ii) address development, implementa22 tion, and oversight of technical standards 

23 and requirements; 

24 (iii) address and facilitate information 

25 sharing between and among departments 
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1 and agencies of the intelligence community, 

2 the Department of Defense, the Homeland 

3 Security community and the law enforce4 ment community; 

5 (iv) address and facilitate information 

6 sharing between Federal departments and 

7 agencies and State, tribal and local govern8 ments; 

9 (v) address and facilitate, as appro10 priate, information sharing between Fed11 eral departments and agencies and the pri12 vate sector; 

13 (vi) address and facilitate, as appro14 priate, information sharing between Fed15 eral departments and agencies with foreign 

16 partners and allies; and 

17 (vii) ensure the protection of privacy 

18 and civil liberties. 

19 (h) ESTABLISHMENT OF EXECUTIVE COUNCIL.— 

20 There is established an Executive Council on Information 

21 Sharing that shall assist the principal officer as designated 

22 under subsection 206(g) in the execution of the duties 

23 under this Act concerning information sharing. 

24 (1) MEMBERSHIP.—The Executive Council shall 

25 be chaired by the principal officer as designated in 
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1 subsection 206(g). The members of the Executive 

2 Council shall be— 

3 (A) the Director of Management and 

4 Budget; 

5 (B) the Secretary of Homeland Security or 

6 his designee; 

7 (C) the Secretary of Defense or his des8 ignee; 

9 (D) the Attorney General or his designee; 

10 (E) the Secretary of State or his designee; 

11 (F) the Director of the Federal Bureau of 

12 Investigation or his designee; 

13 (G) the National Intelligence Director or 

14 his designee; 

15 (H) The Director of Central Intelligence 

16 Agency or his designees; 

17 (I) such other Federal officials as the 

18 President shall designate; 

19 (J) representatives of State, tribal, and 

20 local governments, to be appointed by the Presi21 dent; and 

22 (K) individuals who are employed in pri23 vate businesses or nonprofit organizations that 

24 own or operate critical infrastructure, to be ap25 pointed by the President. 
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1 (2) RESPONSIBILITIES.—The Executive Council 

2 shall assist the President in— 

3 (A) implementing and managing the Envi4 ronment; 

5 (B) developing policies, procedures, guide6 lines, rules, and standards necessary to estab7 lish and implement the Environment; 

8 (C) ensuring there is coordination among 

9 departments and agencies participating in the 

10 Environment in the development and implemen11 tation of the Environment; 

12 (D) reviewing, on an ongoing basis, poli13 cies, procedures, guidelines, rules, and stand14 ards related to the implementation of the Envi15 ronment; 

16 (E) establishing a dispute resolution proc17 ess to resolve disagreements among depart18 ments and agencies about whether particular 

19 information should be shared and in what man20 ner; and 

21 (F) considering input provided by persons 

22 from outside the Federal government with sig23 nificant experience and expertise in policy, tech24 nical, and operational matters, including issues 

25 of security, privacy, or civil liberties. 
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1 (3) INAPPLICABILITY OF FEDERAL ADVISORY

2 COMMITTEE ACT.—The Council shall not be subject 

3 to the requirements of the Federal Advisory Com4 mittee Act (5 U.S.C. App.). 

5 (4) REPORTS.—Not later than 1 year after the 

6 date of the enactment of this Act, and annually 

7 thereafter, the principal officer as designated in sec8 tion 206(g), shall submit a report to the President 

9 and to Congress that shall include— 

10 (A) a description of the activities and ac11 complishments of the Council in the preceding 

12 year; and 

13 (B) the number and dates of the meetings 

14 held by the Council and a list of attendees at 

15 each meeting. 

16 (5) INFORMING THE PUBLIC.—The Executive 

17 Council shall— 

18 (A) make its reports to Congress available 

19 to the public to the greatest extent that is con20 sistent with the protection of classified informa21 tion and applicable law; and 

22 (B) otherwise inform the public of its ac23 tivities, as appropriate and in a manner con24 sistent with the protection of classified informa25 tion and applicable law. 
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1 (i) REPORTS.— 

2 (1) IN GENERAL.—Not later than 15 months 

3 after the date of the enactment of this Act, and 

4 semiannually thereafter, the President shall submit 

5 a report to Congress on the state of the Environ6 ment and of information sharing across the Federal 

7 government. 

8 (2) CONTENT.—Each report under this sub9 section shall include— 

10 (A) a progress report on the extent to 

11 which the Environment has been implemented, 

12 including how the Environment has fared on 

13 the governmentwide and agency-specific per14 formance measures and whether the perform15 ance goals set in the preceding year have been 

16 met; 

17 (B) objective systemwide performance 

18 goals for the following year; 

19 (C) an accounting of how much was spent 

20 on the Environment in the preceding year; 

21 (D) actions taken to ensure that agencies 

22 procure new technology that is consistent with 

23 the Environment and information on whether 

24 new systems and technology are consistent with 

25 the Environment; 
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1 (E) the extent to which, in appropriate cir2 cumstances, all terrorism watch lists are avail3 able for combined searching in real time 

4 through the Environment and whether there are 

5 consistent standards for placing individuals on, 

6 and removing individuals from, the watch lists, 

7 including the availability of processes for cor8 recting errors; 

9 (F) the extent to which unnecessary road10 blocks, impediments, or disincentives to infor11 mation sharing, including the inappropriate use 

12 of paper-only intelligence products and require13 ments for originator approval, have been elimi14 nated; 

15 (G) the extent to which positive incentives 

16 for information sharing have been implemented; 

17 (H) the extent to which classified informa18 tion is also made available through the Environ19 ment, in whole or in part, in unclassified form; 

20 (I) the extent to which State, tribal, and 

21 local officials— 

22 (i) are participating in the Environ23 ment; 

24 (ii) have systems which have become 

25 integrated into the Environment; 
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1 (iii) are providing as well as receiving 

2 information; and 

3 (iv) are using the Environment to 

4 communicate with each other; 

5 (J) the extent to which— 

6 (i) private sector data, including infor7 mation from owners and operators of crit8 ical infrastructure, is incorporated in the 

9 Environment; and 

10 (ii) the private sector is both pro11 viding and receiving information; 

12 (K) where private sector data has been 

13 used by the Government or has been incor14 porated into the Environment— 

15 (i) the measures taken to protect sen16 sitive business information; and 

17 (ii) where the data involves informa18 tion about individuals, the measures taken 

19 to ensure the accuracy of such data; 

20 (L) the measures taken by the Federal 

21 government to ensure the accuracy of other in22 formation on the Environment and, in par23 ticular, the accuracy of information about indi24 viduals; 
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1 (M) an assessment of the Environment’s 

2 privacy and civil liberties protections, including 

3 actions taken in the preceding year to imple4 ment or enforce privacy and civil liberties pro5 tections and a report of complaints received 

6 about interference with an individual’s privacy 

7 or civil liberties; and 

8 (N) an assessment of the security protec9 tions of the Environment. 

10 (j) AGENCY RESPONSIBILITIES.—The head of each 

11 department or agency possessing or using intelligence or 

12 homeland security information or otherwise participating 

13 in the Environment shall— 

14 (1) ensure full department or agency compli15 ance with information sharing policies, procedures, 

16 guidelines, rules, and standards established for the 

17 Environment under subsections (c) and (g); 

18 (2) ensure the provision of adequate resources 

19 for systems and activities supporting operation of 

20 and participation in the Environment; and 

21 (3) ensure full agency or department coopera22 tion in the development of the Environment and as23 sociated enterprise architecture to implement gov24 ernmentwide information sharing, and in the man-
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1 agement and acquisition of information technology 

2 consistent with applicable law. 

3 (k) AGENCY PLANS AND REPORTS.—Each Federal 

4 department or agency that possesses or uses intelligence 

5 and homeland security information, operates a system in 

6 the Environment or otherwise participates, or expects to 

7 participate, in the Environment, shall submit to the prin8 cipal officer as designated in section 206(g)— 

9 (1) not later than 15 months after the date of 

10 the enactment of this Act, a report including— 

11 (A) a strategic plan for implementation of 

12 the Environment’s requirements within the de13 partment or agency; 

14 (B) objective performance measures to as15 sess the progress and adequacy of the depart16 ment or agency’s information sharing efforts; 

17 and 

18 (C) budgetary requirements to integrate 

19 the agency into the Environment, including pro20 jected annual expenditures for each of the fol21 lowing 5 years following the submission of the 

22 report; and 

23 (2) annually thereafter, reports including— 

24 (A) an assessment of the progress of the 

25 department or agency in complying with the 
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1 Environment’s requirements, including how well 

2 the agency has performed on the objective 

3 measures developed under paragraph (1)(B); 

4 (B) the agency’s expenditures to imple5 ment and comply with the Environment’s re6 quirements in the preceding year; and 

7 (C) the agency’s or department’s plans for 

8 further implementation of the Environment in 

9 the year following the submission of the report. 

10 (l) PERIODIC ASSESSMENTS.— 

11 (1) COMPTROLLER GENERAL.— 

12 (A) IN GENERAL.—Not later than 15 

13 months after the date of the enactment of this 

14 Act, and periodically thereafter, the Comptroller 

15 General shall evaluate the implementation of 

16 the Environment, both generally and, at the 

17 discretion of the Comptroller General, within 

18 specific departments and agencies, to determine 

19 the extent of compliance with the Environ20 ment’s requirements and to assess the effective21 ness of the Environment in improving informa22 tion sharing and collaboration and in protecting 

23 privacy and civil liberties, and shall report to 

24 Congress on the findings of the Comptroller 

25 General. 
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1 (B) INFORMATION AVAILABLE TO THE

2 COMPTROLLER GENERAL.—Upon request by the 

3 Comptroller General, information relevant to an 

4 evaluation under subsection (a) shall be made 

5 available to the Comptroller General under sec6 tion 716 of title 31, United States Code. 

7 (C) CONSULTATION WITH CONGRESSIONAL

8 COMMITTEES.—If a record is not made avail9 able to the Comptroller General within a rea10 sonable time, before the Comptroller General 

11 files a report under section 716(b)(1) of title 

12 31, United States Code, the Comptroller Gen13 eral shall consult with the Select Committee on 

14 Intelligence of the Senate, the Permanent Se15 lect Committee on Intelligence of the House of 

16 Representatives, the Committee on Govern17 mental Affairs of the Senate, and the Com18 mittee on Government Reform of the House of 

19 Representatives concerning the Comptroller’s 

20 intent to file a report. 

21 (2) INSPECTORS GENERAL.—The Inspector 

22 General in any Federal department or agency that 

23 possesses or uses intelligence or homeland security 

24 information or that otherwise participates in the En-
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1 vironment shall, at the discretion of the Inspector 

2 General— 

3 (A) conduct audits or investigations to— 

4 (i) determine the compliance of that 

5 department or agency with the Environ6 ment’s requirements; and 

7 (ii) assess the effectiveness of that de8 partment or agency in improving informa9 tion sharing and collaboration and in pro10 tecting privacy and civil liberties; and 

11 (B) issue reports on such audits and inves12 tigations. 

13 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated— 

15 (1) $50,000,000 to carry out this section for 

16 fiscal year 2005; and 

17 (2) such sums as are necessary to carry out this 

18 section in each fiscal year thereafter, to be disbursed 

19 and allocated in accordance with the Environment 

20 implementation plan required by subsection (f). 

21 SEC. 207. ALTERNATIVE ANALYSES OF INTELLIGENCE BY 

22 THE INTELLIGENCE COMMUNITY. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that the National Intelligence Director should con25 sider the advisability of establishing for each element of 
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1 the intelligence community an element, office, or compo2 nent whose purpose is the alternative analysis (commonly 

3 referred to as a ‘‘red-team analysis’’) of the information 

4 and conclusions in the intelligence products of such ele5 ment of the intelligence community. 

6 (b) REPORT.—(1) Not later than one year after the 

7 date of the enactment of this Act, the National Intel8 ligence Director shall submit to Congress a report on the 

9 actions taken to establish for each element of the intel10 ligence community an element, office, or component de11 scribed in subsection (a). 

12 (2) The report shall be submitted in an unclassified 

13 form, but may include a classified annex. 

14 SEC. 208. REPORT ON IMPLEMENTATION OF RECOMMENDA15 TIONS OF DEFENSE SCIENCE BOARD ON PRE16 VENTING AND DEFENDING AGAINST CLAN17 DESTINE NUCLEAR ATTACK. 

18 (a) FINDING.—Congress finds that the June 2004 re19 port of the Defense Science Board Task Force on Pre20 venting and Defending Against Clandestine Nuclear At21 tack— 

22 (1) found that it would be easy for adversaries 

23 to introduce and detonate a nuclear explosive clan24 destinely in the United States; 
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1 (2) found that clandestine nuclear attack and 

2 defense against such attack should be treated as an 

3 emerging aspect of strategic warfare and that those 

4 matters warrant national and Department of De5 fense attention; and 

6 (3) called for a serious national commitment to 

7 a multidepartment program to create a multi-ele8 ment, layered, global, civil/military complex of sys9 tems and capabilities that can greatly reduce the 

10 likelihood of a successful clandestine attack, achiev11 ing levels of protection effective enough to warrant 

12 the effort. 

13 (b) REPORT.—Not later than 6 months after the date 

14 of the enactment of this Act, the Secretary of Defense 

15 shall, in consultation with the Secretary of Energy, submit 

16 to the Committees on Armed Services of the Senate and 

17 the House of Representatives a report on the actions pro18 posed to be taken to address the recommendations of the 

19 Defense Science Board Task Force on Preventing and De20 fending Against Clandestine Nuclear Attack. 
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1 SEC. 209. USE OF UNITED STATES COMMERCIAL REMOTE 

2 SENSING SPACE CAPABILITIES FOR IMAGERY 

3 AND GEOSPATIAL INFORMATION REQUIRE4 MENTS. 

5 (a) IN GENERAL.—The National Intelligence Direc6 tor shall take actions to ensure, to the extent practicable, 

7 the utilization of United States commercial remote sensing 

8 space capabilities to fulfill the imagery and geospatial in9 formation requirements of the intelligence community. 

10 (b) PROCEDURES FOR UTILIZATION.—The National 

11 Intelligence Director may prescribe procedures for the 

12 purpose of meeting the requirement in subsection (a). 

13 (c) DEFINITIONS.—In this section, the terms ‘‘im14 agery’’ and ‘‘geospatial information’’ have the meanings 

15 given such terms in section 467 of title 10, United States 

16 Code. 

17 SEC. 210. PERMANENT AUTHORITY FOR PUBLIC INTEREST 

18 DECLASSIFICATION BOARD. 

19 (a) IN GENERAL.—Section 710 of the Public Interest 

20 Declassification Act of 2000 (title VII of Public Law 106– 

21 567; 50 U.S.C. 435 note) is amended— 

22 (1) by striking ‘‘(a) EFFECTIVE DATE.—’’; and 

23 (2) by striking subsection (b). 

24 (b) CONFORMING AMENDMENT.—The head of such 

25 section is amended by striking ‘‘; SUNSET’’. 
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1 (c) LIMITATION ON FUNDS.—Notwithstanding any 

2 other provision of this section, none of the funds provided 

3 pursuant to subsection (m) may be obligated for deploy4 ment or implementation of the Environment unless the 

5 guidelines and requirements under subsection (e) are sub6 mitted to Congress. 

7 Subtitle B—Privacy and Civil 

8 Liberties 

9 SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

10 BOARD. 

11 (a) IN GENERAL.—There is established within the 

12 Executive Office of the President a Privacy and Civil Lib13 erties Oversight Board (referred to in this subtitle as the 

14 ‘‘Board’’). 

15 (b) FINDINGS.—Consistent with the report of the Na16 tional Commission on Terrorist Attacks Upon the United 

17 States, Congress makes the following findings: 

18 (1) In conducting the war on terrorism, the 

19 Government may need additional powers and may 

20 need to enhance the use of its existing powers. 

21 (2) This shift of power and authority to the 

22 Government calls for an enhanced system of checks 

23 and balances to protect the precious liberties that 

24 are vital to our way of life and to ensure that the 
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1 Government uses its powers for the purposes for 

2 which the powers were given. 

3 (c) PURPOSE.—The Board shall— 

4 (1) analyze and review actions the executive 

5 branch takes to protect the Nation from terrorism, 

6 ensuring that the need for such actions is balanced 

7 with the need to protect privacy and civil liberties; 

8 and 

9 (2) ensure that liberty concerns are appro10 priately considered in the development and imple11 mentation of laws, regulations, and policies related 

12 to efforts to protect the Nation against terrorism. 

13 (d) FUNCTIONS.— 

14 (1) ADVICE AND COUNSEL ON POLICY DEVEL15 OPMENT AND IMPLEMENTATION.—The Board 

16 shall— 

17 (A) review proposed legislation, regula18 tions, and policies related to efforts to protect 

19 the Nation from terrorism, including the devel20 opment and adoption of information sharing 

21 guidelines under subsections (e) and (g) of sec22 tion 205; 

23 (B) review the implementation of new and 

24 existing legislation, regulations, and policies re25 lated to efforts to protect the Nation from ter-
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1 rorism, including the implementation of infor2 mation sharing guidelines under subsections (e) 

3 and (g) of section 205; 

4 (C) advise the President and the depart5 ments, agencies, and elements of the executive 

6 branch to ensure that privacy and civil liberties 

7 are appropriately considered in the development 

8 and implementation of such legislation, regula9 tions, policies, and guidelines; and 

10 (D) in providing advice on proposals to re11 tain or enhance a particular governmental 

12 power, consider whether the department, agen13 cy, or element of the executive branch has es14 tablished— 

15 (i) that the need for the power is bal16 anced with the need to protect privacy and 

17 civil liberties; 

18 (ii) that there is adequate supervision 

19 of the use by the executive branch of the 

20 power to ensure protection of privacy and 

21 civil liberties; and 

22 (iii) that there are adequate guidelines 

23 and oversight to properly confine its use. 

24 (2) OVERSIGHT.—The Board shall continually 

25 review— 
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1 (A) the regulations, policies, and proce2 dures, and the implementation of the regula3 tions, policies, and procedures, of the depart4 ments, agencies, and elements of the executive 

5 branch to ensure that privacy and civil liberties 

6 are protected; 

7 (B) the information sharing practices of 

8 the departments, agencies, and elements of the 

9 executive branch to determine whether they ap10 propriately protect privacy and civil liberties 

11 and adhere to the information sharing guide12 lines prescribed under subsections (e) and (g) of 

13 section 205 and to other governing laws, regu14 lations, and policies regarding privacy and civil 

15 liberties; and 

16 (C) other actions by the executive branch 

17 related to efforts to protect the Nation from 

18 terrorism to determine whether such actions— 

19 (i) appropriately protect privacy and 

20 civil liberties; and 

21 (ii) are consistent with governing 

22 laws, regulations, and policies regarding 

23 privacy and civil liberties. 

24 (3) RELATIONSHIP WITH PRIVACY AND CIVIL

25 LIBERTIES OFFICERS.—The Board shall— 
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1 (A) review and assess reports and other in2 formation from privacy officers and civil lib3 erties officers described in section 212; 

4 (B) when appropriate, make recommenda5 tions to such privacy officers and civil liberties 

6 officers regarding their activities; and 

7 (C) when appropriate, coordinate the ac8 tivities of such privacy officers and civil liberties 

9 officers on relevant interagency matters. 

10 (4) TESTIMONY.—The Members of the Board 

11 shall appear and testify before Congress upon re12 quest. 

13 (e) REPORTS.— 

14 (1) IN GENERAL.—The Board shall— 

15 (A) receive and review reports from privacy 

16 officers and civil liberties officers described in 

17 section 212; and 

18 (B) periodically submit, not less than semi19 annually, reports— 

20 (i)(I) to the appropriate committees of 

21 Congress, including the Committees on the 

22 Judiciary of the Senate and the House of 

23 Representatives, the Committee on Govern24 mental Affairs of the Senate, the Com25 mittee on Government Reform of the 
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1 House of Representatives, the Select Com2 mittee on Intelligence of the Senate, and 

3 the Permanent Select Committee on Intel4 ligence of the House of Representatives; 

5 and 

6 (II) to the President; and 

7 (ii) which shall be in unclassified form 

8 to the greatest extent possible, with a clas9 sified annex where necessary. 

10 (2) CONTENTS.—Not less than 2 reports sub11 mitted each year under paragraph (1)(B) shall in12 clude— 

13 (A) a description of the major activities of 

14 the Board during the preceding period; 

15 (B) information on the findings, conclu16 sions, and recommendations of the Board re17 sulting from its advice and oversight functions 

18 under subsection (d); 

19 (C) the minority views on any findings, 

20 conclusions, and recommendations of the Board 

21 resulting from its advice and oversight func22 tions under subsection (d); and 

23 (D) each proposal reviewed by the Board 

24 under subsection (d)(1) that— 
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1 (i) the Board advised against imple2 mentation; and 

3 (ii) notwithstanding such advice, ac4 tions were taken to implement. 

5 (f) INFORMING THE PUBLIC.—The Board 

6 shall— 

7 (1) make its reports, including its reports to 

8 Congress, available to the public to the greatest ex9 tent that is consistent with the protection of classi10 fied information and applicable law; and 

11 (2) hold public hearings and otherwise inform 

12 the public of its activities, as appropriate and in a 

13 manner consistent with the protection of classified 

14 information and applicable law. 

15 (g) ACCESS TO INFORMATION.— 

16 (1) AUTHORIZATION.—If determined by the 

17 Board to be necessary to carry out its responsibil18 ities under this section, the Board is authorized to— 

19 (A) have access from any department, 

20 agency, or element of the executive branch, or 

21 any Federal officer or employee, to all relevant 

22 records, reports, audits, reviews, documents, pa23 pers, recommendations, or other relevant mate24 rial, including classified information consistent 

25 with applicable law; 
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1 (B) interview, take statements from, or 

2 take public testimony from personnel of any de3 partment, agency, or element of the executive 

4 branch, or any Federal officer or employee; 

5 (C) request information or assistance from 

6 any State, tribal, or local government; and 

7 (D) require, by subpoena issued at the di8 rection of a majority of the members of the 

9 Board, persons (other than departments, agen10 cies, and elements of the executive branch) to 

11 produce any relevant information, documents, 

12 reports, answers, records, accounts, papers, and 

13 other documentary or testimonial evidence. 

14 (2) ENFORCEMENT OF SUBPOENA.—In the case 

15 of contumacy or failure to obey a subpoena issued 

16 under paragraph (1)(D), the United States district 

17 court for the judicial district in which the subpoe18 naed person resides, is served, or may be found may 

19 issue an order requiring such person to produce the 

20 evidence required by such subpoena. 

21 (3) AGENCY COOPERATION.—Whenever infor22 mation or assistance requested under subparagraph 

23 (A) or (B) of paragraph (1) is, in the judgment of 

24 the Board, unreasonably refused or not provided, the 

25 Board shall report the circumstances to the head of 
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1 the department, agency, or element concerned with2 out delay. The head of the department, agency, or 

3 element concerned shall ensure that the Board is 

4 given access to the information, assistance, material, 

5 or personnel the Board determines to be necessary 

6 to carry out its functions. 

7 (h) MEMBERSHIP.— 

8 (1) MEMBERS.—The Board shall be composed 

9 of a full-time chairman and 4 additional members, 

10 who shall be appointed by the President, by and 

11 with the advice and consent of the Senate. 

12 (2) QUALIFICATIONS.—Members of the Board 

13 shall be selected solely on the basis of their profes14 sional qualifications, achievements, public stature, 

15 expertise in civil liberties and privacy, and relevant 

16 experience, and without regard to political affiliation, 

17 but in no event shall more than 3 members of the 

18 Board be members of the same political party. 

19 (3) INCOMPATIBLE OFFICE.—An individual ap20 pointed to the Board may not, while serving on the 

21 Board, be an elected official, officer, or employee of 

22 the Federal Government, other than in the capacity 

23 as a member of the Board. 

24 (4) TERM.—Each member of the Board shall 

25 serve a term of six years, except that— 
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1 (A) a member appointed to a term of office 

2 after the commencement of such term may 

3 serve under such appointment only for the re4 mainder of such term; 

5 (B) upon the expiration of the term of of6 fice of a member, the member shall continue to 

7 serve until the member’s successor has been ap8 pointed and qualified, except that no member 

9 may serve under this subparagraph— 

10 (i) for more than 60 days when Con11 gress is in session unless a nomination to 

12 fill the vacancy shall have been submitted 

13 to the Senate; or 

14 (ii) after the adjournment sine die of 

15 the session of the Senate in which such 

16 nomination is submitted; and 

17 (C) the members initially appointed under 

18 this subsection shall serve terms of two, three, 

19 four, five, and six years, respectively, from the 

20 effective date of this Act, with the term of each 

21 such member to be designated by the President. 

22 (5) QUORUM AND MEETINGS.—After its initial 

23 meeting, the Board shall meet upon the call of the 

24 chairman or a majority of its members. Three mem25 bers of the Board shall constitute a quorum. 
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1 (i) COMPENSATION AND TRAVEL EXPENSES.— 

2 (1) COMPENSATION.— 

3 (A) CHAIRMAN.—The chairman shall be 

4 compensated at the rate of pay payable for a 

5 position at level III of the Executive Schedule 

6 under section 5314 of title 5, United States 

7 Code. 

8 (B) MEMBERS.—Each member of the 

9 Board shall be compensated at a rate of pay 

10 payable for a position at level IV of the Execu11 tive Schedule under section 5315 of title 5, 

12 United States Code, for each day during which 

13 that member is engaged in the actual perform14 ance of the duties of the Board. 

15 (2) TRAVEL EXPENSES.—Members of the 

16 Board shall be allowed travel expenses, including per 

17 diem in lieu of subsistence, at rates authorized for 

18 persons employed intermittently by the Government 

19 under section 5703(b) of title 5, United States Code, 

20 while away from their homes or regular places of 

21 business in the performance of services for the 

22 Board. 

23 (j) STAFF.— 

24 (1) APPOINTMENT AND COMPENSATION.—The 

25 Chairman, in accordance with rules agreed upon by 
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1 the Board, shall appoint and fix the compensation of 

2 a full-time executive director and such other per3 sonnel as may be necessary to enable the Board to 

4 carry out its functions, without regard to the provi5 sions of title 5, United States Code, governing ap6 pointments in the competitive service, and without 

7 regard to the provisions of chapter 51 and sub8 chapter III of chapter 53 of such title relating to 

9 classification and General Schedule pay rates, except 

10 that no rate of pay fixed under this subsection may 

11 exceed the equivalent of that payable for a position 

12 at level V of the Executive Schedule under section 

13 5316 of title 5, United States Code. 

14 (2) DETAILEES.—Any Federal employee may 

15 be detailed to the Board without reimbursement 

16 from the Board, and such detailee shall retain the 

17 rights, status, and privileges of the detailee’s regular 

18 employment without interruption. 

19 (3) CONSULTANT SERVICES.—The Board may 

20 procure the temporary or intermittent services of ex21 perts and consultants in accordance with section 

22 3109 of title 5, United States Code, at rates that do 

23 not exceed the daily rate paid a person occupying a 

24 position at level IV of the Executive Schedule under 

25 section 5315 of such title. 
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1 (k) SECURITY CLEARANCES.—The appropriate de2 partments, agencies, and elements of the executive branch 

3 shall cooperate with the Board to expeditiously provide the 

4 Board members and staff with appropriate security clear5 ances to the extent possible under existing procedures and 

6 requirements. 

7 (l) TREATMENT AS AGENCY, NOT AS ADVISORY COM8 MITTEE.—The Board— 

9 (1) is an agency (as defined in section 551(1) 

10 of title 5, United States Code); and 

11 (2) is not an advisory committee (as defined in 

12 section 3(2) of the Federal Advisory Committee Act 

13 (5 U.S.C. App.)). 

14 SEC. 212. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

15 (a) DESIGNATION AND FUNCTIONS.—The Attorney 

16 General, the Secretary of Defense, the Secretary of State, 

17 the Secretary of the Treasury, the Secretary of Health and 

18 Human Services, the Secretary of Homeland Security, the 

19 National Intelligence Director, the Director of the Central 

20 Intelligence Agency, and the head of any other depart21 ment, agency, or element of the executive branch des22 ignated by the Privacy and Civil Liberties Oversight 

23 Board to be appropriate for coverage under this section 

24 shall designate not less than 1 senior officer to— 
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1 (1) assist the head of such department, agency, 

2 or element and other officials of such department, 

3 agency, or element in appropriately considering pri4 vacy and civil liberties concerns when such officials 

5 are proposing, developing, or implementing laws, 

6 regulations, policies, procedures, or guidelines re7 lated to efforts to protect the Nation against ter8 rorism; 

9 (2) periodically investigate and review depart10 ment, agency, or element actions, policies, proce11 dures, guidelines, and related laws and their imple12 mentation to ensure that such department, agency, 

13 or element is adequately considering privacy and 

14 civil liberties in its actions; 

15 (3) ensure that such department, agency, or 

16 element has adequate procedures to receive, inves17 tigate, respond to, and redress complaints from indi18 viduals who allege such department, agency, or ele19 ment has violated their privacy or civil liberties; and 

20 (4) in providing advice on proposals to retain or 

21 enhance a particular governmental power the officer 

22 shall consider whether such department, agency, or 

23 element has established— 
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1 (i) that the need for the power is bal2 anced with the need to protect privacy and 

3 civil liberties; 

4 (ii) that there is adequate supervision 

5 of the use by such department, agency, or 

6 element of the power to ensure protection 

7 of privacy and civil liberties; and 

8 (iii) that there are adequate guidelines 

9 and oversight to properly confine its use. 

10 (b) EXCEPTION TO DESIGNATION AUTHORITY.— 

11 (1) PRIVACY OFFICERS.—In any department, 

12 agency, or element referred to in subsection (a) or 

13 designated by the Board, which has a statutorily 

14 created privacy officer, such officer shall perform the 

15 functions specified in subsection (a) with respect to 

16 privacy. 

17 (2) CIVIL LIBERTIES OFFICERS.—In any de18 partment, agency, or element referred to in sub19 section (a) or designated by the Board, which has a 

20 statutorily created civil liberties officer, such officer 

21 shall perform the functions specified in subsection 

22 (a) with respect to civil liberties. 

23 (c) SUPERVISION AND COORDINATION.—Each pri24 vacy officer or civil liberties officer described in subsection 

25 (a) or (b) shall— 
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1 (1) report directly to the head of the depart2 ment, agency, or element concerned; and 

3 (2) coordinate their activities with the Inspector 

4 General of such department, agency, or element to 

5 avoid duplication of effort. 

6 (d) AGENCY COOPERATION.—The head of each de7 partment, agency, or element shall ensure that each pri8 vacy officer and civil liberties officer— 

9 (1) has the information, material, and resources 

10 necessary to fulfill the functions of such officer; 

11 (2) is advised of proposed policy changes; 

12 (3) is consulted by decision makers; and 

13 (4) is given access to material and personnel 

14 the officer determines to be necessary to carry out 

15 the functions of such officer. 

16 (e) REPRISAL FOR MAKING COMPLAINT.—No action 

17 constituting a reprisal, or threat of reprisal, for making 

18 a complaint or for disclosing information to a privacy offi19 cer or civil liberties officer described in subsection (a) or 

20 (b), or to the Privacy and Civil Liberties Oversight Board, 

21 that indicates a possible violation of privacy protections 

22 or civil liberties in the administration of the programs and 

23 operations of the Federal Government relating to efforts 

24 to protect the Nation from terrorism shall be taken by 

25 any Federal employee in a position to take such action, 
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1 unless the complaint was made or the information was dis2 closed with the knowledge that it was false or with willful 

3 disregard for its truth or falsity. 

4 (f) PERIODIC REPORTS.— 

5 (1) IN GENERAL.—The privacy officers and civil 

6 liberties officers of each department, agency, or ele7 ment referred to or described in subsection (a) or 

8 (b) shall periodically, but not less than quarterly, 

9 submit a report on the activities of such officers— 

10 (A)(i) to the appropriate committees of 

11 Congress, including the Committees on the Ju12 diciary of the Senate and the House of Rep13 resentatives, the Committee on Governmental 

14 Affairs of the Senate, the Committee on Gov15 ernment Reform of the House of Representa16 tives, the Select Committee on Intelligence of 

17 the Senate, and the Permanent Select Com18 mittee on Intelligence of the House of Rep19 resentatives; 

20 (ii) to the head of such department, agen21 cy, or element; and 

22 (iii) to the Privacy and Civil Liberties 

23 Oversight Board; and 
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1 (B) which shall be in unclassified form to 

2 the greatest extent possible, with a classified 

3 annex where necessary. 

4 (2) CONTENTS.—Each report submitted under 

5 paragraph (1) shall include information on the dis6 charge of each of the functions of the officer con7 cerned, including— 

8 (A) information on the number and types 

9 of reviews undertaken; 

10 (B) the type of advice provided and the re11 sponse given to such advice; 

12 (C) the number and nature of the com13 plaints received by the department, agency, or 

14 element concerned for alleged violations; and 

15 (D) a summary of the disposition of such 

16 complaints, the reviews and inquiries conducted, 

17 and the impact of the activities of such officer. 

18 (g) INFORMING THE PUBLIC.—Each privacy officer 

19 and civil liberties officer shall— 

20 (1) make the reports of such officer, including 

21 reports to Congress, available to the public to the 

22 greatest extent that is consistent with the protection 

23 of classified information and applicable law; and 

24 (2) otherwise inform the public of the activities 

25 of such officer, as appropriate and in a manner con-
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1 sistent with the protection of classified information 

2 and applicable law. 

3 (h) SAVINGS CLAUSE.—Nothing in this section shall 

4 be construed to limit or otherwise supplant any other au5 thorities or responsibilities provided by law to privacy offi6 cers or civil liberties officers. 

7 (i) PROTECTIONS FOR HUMAN RESEARCH SUB8 JECTS.—The Secretary of Homeland Security shall ensure 

9 that the Department of Homeland Security complies with 

10 the protections for human research subjects, as described 

11 in part 46 of title 45, Code of Federal Regulations, or 

12 in equivalent regulations as promulgated by such Sec13 retary, with respect to research that is conducted or sup14 ported by such Department. 

15 Subtitle C—Independence of 

16 Intelligence Agencies 

17 SEC. 221. INDEPENDENCE OF NATIONAL INTELLIGENCE DI18 RECTOR. 

19 (a) LOCATION OUTSIDE EXECUTIVE OFFICE OF THE

20 PRESIDENT.—The National Intelligence Director shall not 

21 be located within the Executive Office of the President. 

22 (b) PROVISION OF NATIONAL INTELLIGENCE.—The 

23 National Intelligence Director shall provide to the Presi24 dent and Congress national intelligence that is timely, ob-
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1 jective, independent of political considerations, and has 

2 not been shaped to serve policy goals. 

3 SEC. 222. INDEPENDENCE OF INTELLIGENCE. 

4 (a) DIRECTOR OF NATIONAL COUNTERTERRORISM

5 CENTER.—The Director of the National Counterterrorism 

6 Center shall provide to the President, Congress, and the 

7 National Intelligence Director national intelligence related 

8 to counterterrorism that is timely, objective, independent 

9 of political considerations, and has not been shaped to 

10 serve policy goals. 

11 (b) DIRECTORS OF NATIONAL INTELLIGENCE CEN12 TERS.—Each Director of a national intelligence center es13 tablished under section 144 shall provide to the President, 

14 Congress, and the National Intelligence Director intel15 ligence information that is timely, objective, independent 

16 of political considerations, and has not been shaped to 

17 serve policy goals. 

18 (c) DIRECTOR OF CENTRAL INTELLIGENCE AGEN19 CY.—The Director of the Central Intelligence Agency shall 

20 ensure that intelligence produced by the Central Intel21 ligence Agency is timely, objective, independent of political 

22 considerations, and has not been shaped to serve policy 

23 goals. 

24 (d) NATIONAL INTELLIGENCE COUNCIL.—The Na25 tional Intelligence Council shall produce national intel-
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1 ligence estimates for the United States Government that 

2 are timely, objective, independent of political consider3 ations, and have not been shaped to serve policy goals. 

4 SEC. 223. INDEPENDENCE OF NATIONAL 

5 COUNTERTERRORISM CENTER. 

6 No officer, department, agency, or element of the ex7 ecutive branch shall have any authority to require the Di8 rector of the National Counterterrorism Center— 

9 (1) to receive permission to testify before Con10 gress; or 

11 (2) to submit testimony, legislative rec12 ommendations, or comments to any officer or agency 

13 of the United States for approval, comments, or re14 view prior to the submission of such recommenda15 tions, testimony, or comments to Congress if such 

16 recommendations, testimony, or comments include a 

17 statement indicating that the views expressed there18 in are those of the agency submitting them and do 

19 not necessarily represent the views of the Adminis20 tration. 

21 SEC. 224. ACCESS OF CONGRESSIONAL COMMITTEES TO 

22 NATIONAL INTELLIGENCE. 

23 (a) DOCUMENTS REQUIRED TO BE PROVIDED TO

24 CONGRESSIONAL COMMITTEES.—The National Intel25 ligence Director, the Director of the National 
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1 Counterterrorism Center, and the Director of a national 

2 intelligence center shall provide to the committees and 

3 Members of Congress specified in subsection (c), and any 

4 other committee of Congress with jurisdiction over the 

5 subject matter to which the information relates, all intel6 ligence assessments, intelligence estimates, sense of intel7 ligence community memoranda, and daily senior executive 

8 intelligence briefs, other than the Presidential Daily Brief 

9 and those reports prepared exclusively for the President. 

10 (b) RESPONSE TO REQUESTS FROM CONGRESS RE11 QUIRED.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (3), in addition to providing material under 

14 subsection (a), the National Intelligence Director, 

15 the Director of the National Counterterrorism Cen16 ter, or the Director of a national intelligence center 

17 shall, not later than 15 days after receiving a re18 quest for any intelligence assessment, report, or esti19 mate or other intelligence information from the com20 mittees and Members of Congress specified in sub21 section (c), or any other committee of Congress with 

22 jurisdiction over the subject matter to which the in23 formation relates, make available to such committee 

24 such intelligence assessment, report, or estimate or 

25 other intelligence information. 
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1 (2) CERTAIN MEMBERS.—In addition to re2 quests described in paragraph (1), the National In3 telligence Director shall respond to requests from 

4 the Chairman and Vice Chairman of the Select Com5 mittee on Intelligence of the Senate and the Chair6 man and Ranking Member of the Permanent Select 

7 Committee on Intelligence of the House of Rep8 resentatives, the Speaker of the House of Represent9 atives and the Majority Leader and the Minority 

10 Leader of the House of Representatives, and the 

11 Majority Leader and the Minority Leader of the 

12 Senate. Upon making a report covered by this para13 graph— 

14 ‘‘(A) the Chairman, Vice Chairman, or 

15 Ranking Member, as the case may be, of such 

16 a committee shall notify the other of the Chair17 man, Vice Chairman, or Ranking Member, as 

18 the case may be, of such committee of such re19 quest; 

20 ‘‘(B) the Speaker of the House of Rep21 resentatives and the Majority Leader of the 

22 House of Representatives or the Minority Lead23 er of the House of Representatives shall notify 

24 the other or others, as the case may be, of such 

25 request; and 
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1 ‘‘(C) the Majority Leader and Minority 

2 Leader of the Senate shall notify the other of 

3 such request. 

4 (3) ASSERTIONS OF PRIVILEGE.—In response 

5 to requests described under paragraph (1) or (2), 

6 the National Intelligence Director, the Director of 

7 the National Counterterrorism Center, or the Direc8 tor of a national intelligence center shall provide in9 formation, unless the President certifies that such 

10 information is not being provided because the Presi11 dent is asserting a privilege pursuant to the United 

12 States Constitution. 

13 (c) COMMITTEES AND MEMBERS OF CONGRESS.— 

14 The committees and Members of Congress specified in this 

15 subsection are— 

16 (1) the Select Committee on Intelligence of the 

17 Senate; 

18 (2) the Permanent Select Committee on Intel19 ligence of the House of Representatives; 

20 (3) the Speaker of the House of Representa21 tives and the Majority Leader and the Minority 

22 Leader of the House of Representatives; and 

23 (4) the Majority Leader and the Minority Lead24 er of the Senate. 
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1 SEC. 225. COMMUNICATIONS WITH CONGRESS. 

2 (a) DISCLOSURE OF CERTAIN INFORMATION AU3 THORIZED.— 

4 (1) IN GENERAL.—Employees of covered agen5 cies and employees of contractors carrying out ac6 tivities under classified contracts with covered agen7 cies may disclose information described in paragraph 

8 (2) to the individuals referred to in paragraph (3) 

9 without first reporting such information to the ap10 propriate Inspector General. 

11 (2) COVERED INFORMATION.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (B), paragraph (1) applies to in14 formation, including classified information, that 

15 an employee reasonably believes provides direct 

16 and specific evidence of— 

17 (i) a false or inaccurate statement to 

18 Congress contained in any intelligence as19 sessment, report, or estimate; or 

20 (ii) the withholding from Congress of 

21 any intelligence information material to 

22 any intelligence assessment, report, or esti23 mate. 

24 (B) EXCEPTION.—Paragraph (1) does not 

25 apply to information the disclosure of which is 
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1 prohibited by rule 6(e) of the Federal Rules of 

2 Criminal Procedure. 

3 (3) COVERED INDIVIDUALS.— 

4 (A) IN GENERAL.—The individuals to 

5 whom information in paragraph (2) may be dis6 closed are— 

7 (i) a Member of a committee of Con8 gress having primary responsibility for 

9 oversight of a department, agency, or ele10 ment of the United States Government to 

11 which the disclosed information relates and 

12 who is authorized to receive information of 

13 the type disclosed; 

14 (ii) the Speaker of the House of Rep15 resentatives and the Majority Leader and 

16 the Minority Leader of the House of Rep17 resentatives; 

18 (iii) the Majority Leader and the Mi19 nority Leader of the Senate; 

20 (iv) any other Member of Congress 

21 who is authorized to receive information of 

22 the type disclosed; and 

23 (v) an employee of Congress who has 

24 the appropriate security clearance and is 
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1 authorized to receive information of the 

2 type disclosed. 

3 (B) PRESUMPTION OF NEED FOR INFOR4 MATION.—An individual described in subpara5 graph (A) to whom information is disclosed 

6 under paragraph (2) shall be presumed to have 

7 a need to know such information. 

8 (b) CONSTRUCTION WITH OTHER REPORTING RE9 QUIREMENTS.—Nothing in this section may be construed 

10 to modify, alter, or otherwise affect— 

11 (1) any reporting requirement relating to intel12 ligence activities that arises under this Act, the Na13 tional Security Act of 1947 (50 U.S.C. 401 et seq.), 

14 or any other provision of law; or 

15 (2) the right of any employee of the United 

16 States Government to disclose to Congress in ac17 cordance with applicable law information not de18 scribed in this section. 

19 (c) COVERED AGENCIES DEFINED.—In this section, 

20 the term ‘‘covered agencies’’ means the following: 

21 (1) The National Intelligence Authority, includ22 ing the National Counterterrorism Center. 

23 (2) The Central Intelligence Agency. 

24 (3) The Defense Intelligence Agency. 
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1 (4) The National Geospatial-Intelligence Agen2 cy. 

3 (5) The National Security Agency. 

4 (6) The Federal Bureau of Investigation. 

5 (7) Any other Executive agency, or element or 

6 unit thereof, determined by the President under sec7 tion 2302(a)(2)(C)(ii) of title 5, United States Code, 

8 to have as its principal function the conduct of for9 eign intelligence or counterintelligence activities. 

10 SEC. 226. CONGRESSIONAL APPEALS OF CLASSIFICATION 

11 DECISIONS. 

12 (a) REDESIGNATION OF PUBLIC INTEREST DECLAS13 SIFICATION BOARD AS INDEPENDENT NATIONAL SECU14 RITY CLASSIFICATION BOARD.—(1) Subsection (a) of sec15 tion 703 of the Public Interest Declassification Act of 

16 2000 (title VII of Public Law 10–567; 50 U.S.C. 435 

17 note) is amended by striking ‘‘ ‘Public Interest Declas18 sification Board’ ’’ and inserting ‘‘ ‘Independent National 

19 Security Classification Board’ ’’. 

20 (2) The heading of such section is amended to read 

21 as follows: 

22 ‘‘SEC. 703. INDEPENDENT NATIONAL SECURITY CLASSI23 FICATION BOARD.’’. 

24 (b) REVIEW OF CLASSIFICATION DECISIONS.— 
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1 (1) IN GENERAL.—The Independent National 

2 Security Classification Board shall, pursuant to a re3 quest under paragraph (3), review any classification 

4 decision made by an executive agency with respect to 

5 national security information. 

6 (2) ACCESS.—The Board shall have access to 

7 all documents or other materials that are classified 

8 on the basis of containing national security informa9 tion. 

10 (3) REQUESTS FOR REVIEW.—The Board shall 

11 review, in a timely manner, the existing or proposed 

12 classification of any document or other material the 

13 review of which is requested by the chairman or 

14 ranking member of— 

15 (A) the Committee on Armed Services, the 

16 Committee on Foreign Relations, or the Select 

17 Committee on Intelligence of the Senate; or 

18 (B) the Committee on Armed Services, the 

19 Committee on International Relations, or the 

20 Permanent Select Committee on Intelligence of 

21 the House of Representatives. 

22 (4) RECOMMENDATIONS.— 

23 (A) IN GENERAL.—The Board may make 

24 recommendations to the President regarding de25 cisions to classify all or portions of documents 
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1 or other material for national security purposes 

2 or to declassify all or portions of documents or 

3 other material classified for such purposes. 

4 (B) IMPLEMENTATION.—Upon receiving a 

5 recommendation from the Board under sub6 paragraph (A), the President shall either— 

7 (i) accept and implement such rec8 ommendation; or 

9 (ii) not later than 60 days after re10 ceiving the recommendation if the Presi11 dent does not accept and implement such 

12 recommendation, transmit in writing to 

13 Congress justification for the President’s 

14 decision not to implement such rec15 ommendation. 

16 (5) REGULATIONS.—The Board shall prescribe 

17 regulations to carry out this subsection. 

18 (6) EXECUTIVE AGENCY DEFINED.—In this sec19 tion, the term ‘‘Executive agency’’ has the meaning 

20 given that term in section 105 of title 5, United 

21 States Code . 
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1 Subtitle D—Homeland Security 

2 Civil Rights and Civil Liberties 

3 Protection 

4 SEC. 231. SHORT TITLE. 

5 This title may be cited as the ‘‘Homeland Security 

6 Civil Rights and Civil Liberties Protection Act of 2004’’. 

7 SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECU8 RITY. 

9 Section 101(b)(1) of the Homeland Security Act of 

10 2002 (6 U.S.C. 111(b)(1)) is amended— 

11 (1) in subparagraph (F), by striking ‘‘and’’ 

12 after the semicolon; 

13 (2) by redesignating subparagraph (G) as sub14 paragraph (H); and 

15 (3) by inserting after subparagraph (F) the fol16 lowing: 

17 ‘‘(G) ensure that the civil rights and civil 

18 liberties of persons are not diminished by ef19 forts, activities, and programs aimed at secur20 ing the homeland; and’’. 

21 SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB22 ERTIES. 

23 Section 705(a) of the Homeland Security Act of 2002 

24 (6 U.S.C. 345(a)) is amended— 
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1 (1) by amending the matter preceding para2 graph (1) to read as follows: 

3 ‘‘(a) IN GENERAL.—The Officer for Civil Rights and 

4 Civil Liberties, who shall report directly to the Secretary, 

5 shall—’’; 

6 (2) by amending paragraph (1) to read as fol7 lows: 

8 ‘‘(1) review and assess information concerning 

9 abuses of civil rights, civil liberties, and profiling on 

10 the basis of race, ethnicity, or religion, by employees 

11 and officials of the Department;’’; 

12 (3) in paragraph (2), by striking the period at 

13 the end and inserting a semicolon; and 

14 (4) by adding at the end the following: 

15 ‘‘(3) assist the Secretary, directorates, and of16 fices of the Department to develop, implement, and 

17 periodically review Department policies and proce18 dures to ensure that the protection of civil rights 

19 and civil liberties is appropriately incorporated into 

20 Department programs and activities; 

21 ‘‘(4) oversee compliance with constitutional, 

22 statutory, regulatory, policy, and other requirements 

23 relating to the civil rights and civil liberties of indi24 viduals affected by the programs and activities of 

25 the Department; 
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1 ‘‘(5) coordinate with the Privacy Officer to en2 sure that— 

3 ‘‘(A) programs, policies, and procedures in4 volving civil rights, civil liberties, and privacy 

5 considerations are addressed in an integrated 

6 and comprehensive manner; and 

7 ‘‘(B) Congress receives appropriate reports 

8 regarding such programs, policies, and proce9 dures; and 

10 ‘‘(6) investigate complaints and information in11 dicating possible abuses of civil rights or civil lib12 erties, unless the Inspector General of the Depart13 ment determines that any such complaint or infor14 mation should be investigated by the Inspector Gen15 eral.’’. 

16 SEC. 234. PROTECTION OF CIVIL RIGHTS AND CIVIL LIB17 ERTIES BY OFFICE OF INSPECTOR GENERAL. 

18 Section 8I of the Inspector General Act of 1978 (5 

19 U.S.C. App.) is amended by adding at the end the fol20 lowing: 

21 ‘‘(f)(1) The Inspector General of the Department of 

22 Homeland Security shall designate a senior official within 

23 the Office of Inspector General, who shall be a career 

24 member of the civil service at the equivalent to the GS– 
224 

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1 15 level or a career member of the Senior Executive Serv2 ice, to perform the functions described in paragraph (2). 

3 ‘‘(2) The senior official designated under paragraph 

4 (1) shall— 

5 ‘‘(A) coordinate the activities of the Office of 

6 Inspector General with respect to investigations of 

7 abuses of civil rights or civil liberties; 

8 ‘‘(B) receive and review complaints and infor9 mation from any source alleging abuses of civil 

10 rights and civil liberties by employees or officials of 

11 the Department and employees or officials of inde12 pendent contractors or grantees of the Department; 

13 ‘‘(C) initiate investigations of alleged abuses of 

14 civil rights or civil liberties by employees or officials 

15 of the Department and employees or officials of 

16 independent contractors or grantees of the Depart17 ment; 

18 ‘‘(D) ensure that personnel within the Office of 

19 Inspector General receive sufficient training to con20 duct effective civil rights and civil liberties investiga21 tions; 

22 ‘‘(E) consult with the Officer for Civil Rights 

23 and Civil Liberties regarding— 

24 ‘‘(i) alleged abuses of civil rights or civil 

25 liberties; and 
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1 ‘‘(ii) any policy recommendations regarding 

2 civil rights and civil liberties that may be found3 ed upon an investigation by the Office of In4 spector General; 

5 ‘‘(F) provide the Officer for Civil Rights and 

6 Civil Liberties with information regarding the out7 come of investigations of alleged abuses of civil 

8 rights and civil liberties; 

9 ‘‘(G) refer civil rights and civil liberties matters 

10 that the Inspector General decides not to investigate 

11 to the Officer for Civil Rights and Civil Liberties; 

12 ‘‘(H) ensure that the Office of the Inspector 

13 General publicizes and provides convenient public ac14 cess to information regarding— 

15 ‘‘(i) the procedure to file complaints or 

16 comments concerning civil rights and civil lib17 erties matters; and 

18 ‘‘(ii) the status of corrective actions taken 

19 by the Department in response to Office of the 

20 Inspector General reports; and 

21 ‘‘(I) inform the Officer for Civil Rights and 

22 Civil Liberties of any weaknesses, problems, and de23 ficiencies within the Department relating to civil 

24 rights or civil liberties.’’. 
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1 SEC. 235. PRIVACY OFFICER. 

2 Section 222 of the Homeland Security Act of 2002 

3 (6 U.S.C. 142) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 inserting ‘‘, who shall report directly to the Sec6 retary,’’ after ‘‘in the Department’’; 

7 (2) in paragraph (4), by striking ‘‘and’’ at the 

8 end; 

9 (3) by redesignating paragraph (5) as para10 graph (6); and 

11 (4) by inserting after paragraph (4) the fol12 lowing: 

13 ‘‘(5) coordinating with the Officer for Civil 

14 Rights and Civil Liberties to ensure that— 

15 ‘‘(A) programs, policies, and procedures in16 volving civil rights, civil liberties, and privacy 

17 considerations are addressed in an integrated 

18 and comprehensive manner; and 

19 ‘‘(B) Congress receives appropriate reports 

20 on such programs, policies, and procedures; 

21 and’’. 
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1 TITLE III—MODIFICATIONS OF 

2 LAWS RELATING TO INTEL3 LIGENCE COMMUNITY MAN4 AGEMENT 

5 Subtitle A—Conforming and Other 

6 Amendments 

7 SEC. 301. RESTATEMENT AND MODIFICATION OF BASIC AU8 THORITY ON THE CENTRAL INTELLIGENCE 

9 AGENCY. 

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

11 Act of 1947 (50 U.S.C. 402 et seq.) is amended by strik12 ing sections 102 through 104 and inserting the following 

13 new sections: 

14 ‘‘CENTRAL INTELLIGENCE AGENCY

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

16 There is a Central Intelligence Agency. 

17 ‘‘(b) FUNCTION.—The function of the Central Intel18 ligence Agency is to assist the Director of the Central In19 telligence Agency in carrying out the responsibilities speci20 fied in section 103(d). 

21 ‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

22 ‘‘SEC. 103. (a) DIRECTOR OF CENTRAL INTEL23 LIGENCE AGENCY.—There is a Director of the Central In24 telligence Agency who shall be appointed by the President, 

25 by and with the advice and consent of the Senate. 
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1 ‘‘(b) SUPERVISION.—The Director of the Central In2 telligence Agency shall report to the National Intelligence 

3 Director regarding the activities of the Director of the 

4 Central Intelligence Agency. 

5 ‘‘(c) DUTIES.—The Director of the Central Intel6 ligence Agency shall— 

7 ‘‘(1) serve as the head of the Central Intel8 ligence Agency; and 

9 ‘‘(2) carry out the responsibilities specified in 

10 subsection (d). 

11 ‘‘(d) RESPONSIBILITIES.—The Director of the Cen12 tral Intelligence Agency shall— 

13 ‘‘(1) collect intelligence through human sources 

14 and by other appropriate means, except that the Di15 rector of the Central Intelligence Agency shall have 

16 no police, subpoena, or law enforcement powers or 

17 internal security functions; 

18 ‘‘(2) correlate and evaluate intelligence related 

19 to the national security and provide appropriate dis20 semination of such intelligence; 

21 ‘‘(3) provide overall direction for and coordina22 tion of the collection of national intelligence outside 

23 the United States through human sources by ele24 ments of the intelligence community authorized to 

25 undertake such collection and, in coordination with 
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1 other departments, agencies, or elements of the 

2 United States Government which are authorized to 

3 undertake such collection, ensure that the most ef4 fective use is made of resources and that appropriate 

5 account is taken of the risks to the United States 

6 and those involved in such collection; and 

7 ‘‘(4) perform such other functions and duties 

8 related to intelligence affecting the national security 

9 as the President or the National Intelligence Direc10 tor may direct. 

11 ‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EM12 PLOYEES.—(1) Notwithstanding the provisions of any 

13 other law, the Director of the Central Intelligence Agency 

14 may, in the discretion of the Director, terminate the em15 ployment of any officer or employee of the Central Intel16 ligence Agency whenever the Director considers the termi17 nation of employment of such officer or employee nec18 essary or advisable in the interests of the United States. 

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

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

21 of the officer or employee to seek or accept employment 

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

23 States Government if declared eligible for such employ24 ment by the Office of Personnel Management. 
230 

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1 ‘‘(f) COORDINATION WITH FOREIGN GOVERN2 MENTS.—Under the direction of the National Intelligence 

3 Director and in a manner consistent with section 207 of 

4 the Foreign Service Act of 1980 (22 U.S.C. 3927), the 

5 Director of the Central Intelligence Agency shall coordi6 nate the relationships between elements of the intelligence 

7 community and the intelligence or security services of for8 eign governments or international organizations on all 

9 matters involving intelligence related to the national secu10 rity.’’ 

11 (b) TRANSFORMATION OF CENTRAL INTELLIGENCE

12 AGENCY.—The Director of the Central Intelligence Agen13 cy shall, in accordance with standards developed by the 

14 Director in consultation with the National Intelligence Di15 rector— 

16 (1) enhance the analytic, human intelligence, 

17 and other capabilities of the Central Intelligence 

18 Agency; 

19 (2) develop and maintain an effective language 

20 program within the Agency; 

21 (3) emphasize the hiring of personnel of diverse 

22 backgrounds for purposes of improving the capabili23 ties of the Agency; 

24 (4) establish and maintain effective relation25 ships between human intelligence and signals intel-
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1 ligence within the Agency at the operational level; 

2 and 

3 (5) achieve a more effective balance within the 

4 Agency with respect to unilateral operations and liai5 son operations. 

6 (c) REPORTS.—(1) Not later than 180 days after the 

7 effective date of this section, and annually thereafter, the 

8 Director of the Central Intelligence Agency shall submit 

9 to the National Intelligence Director and the congressional 

10 intelligence committees a report setting forth the fol11 lowing: 

12 (A) A strategy for improving the conduct of 

13 analysis (including strategic analysis) by the Central 

14 Intelligence Agency, and the progress of the Agency 

15 in implementing the strategy. 

16 (B) A strategy for improving the human intel17 ligence and other capabilities of the Agency, and the 

18 progress of the Agency in implementing the strategy, 

19 including— 

20 (i) the recruitment, training, equipping, 

21 and deployment of personnel required to ad22 dress the current and projected threats to the 

23 national security of the United States during 

24 each of the 2-year, 5-year, and 10-year periods 

25 beginning on the date of such report, including 
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1 personnel with the backgrounds, education, and 

2 experience necessary for ensuring a human in3 telligence capability adequate for such projected 

4 threats; 

5 (ii) the achievement of a proper balance 

6 between unilateral operations and liaison oper7 ations; 

8 (iii) the development of language capabili9 ties (including the achievement of high stand10 ards in such capabilities by the use of financial 

11 incentives and other mechanisms); 

12 (iv) the sound financial management of the 

13 Directorate of Operations; and 

14 (v) the identification of other capabilities 

15 required to address the current and projected 

16 threats to the national security of the United 

17 States during each of the 2-year, 5-year, and 

18 10-year periods beginning on the date of such 

19 report. 

20 (C) In conjunction with the Director of the Na21 tional Security Agency, a strategy for achieving inte22 gration between signals and human intelligence ca23 pabilities, and the progress in implementing the 

24 strategy. 
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1 (D) Metrics and milestones for measuring 

2 progress in the implementation of each such strat3 egy. 

4 (2)(A) The information in each report under para5 graph (1) on the element of the strategy referred to in 

6 paragraph (1)(B)(i) shall identify the number and types 

7 of personnel required to implement the strategy during 

8 each period addressed in such report, include a plan for 

9 the recruitment, training, equipping, and deployment of 

10 such personal, and set forth an estimate of the costs of 

11 such activities. 

12 (B) If as of the date of a report under paragraph 

13 (1), a proper balance does not exist between unilateral op14 erations and liaison operations, such report shall set forth 

15 the steps to be taken to achieve such balance. 

16 (C) The information in each report under paragraph 

17 (1) on the element of the strategy referred to in paragraph 

18 (1)(B)(v) shall identify the other capabilities required to 

19 implement the strategy during each period addressed in 

20 such report, include a plan for developing such capabili21 ties, and set forth an estimate of the costs of such activi22 ties. 
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1 SEC. 302. CONFORMING AMENDMENTS RELATING TO 

2 ROLES OF NATIONAL INTELLIGENCE DIREC3 TOR AND DIRECTOR OF THE CENTRAL INTEL4 LIGENCE AGENCY. 

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

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

7 is amended by striking ‘‘Director of Central Intelligence’’ 

8 each place it appears in the following provisions and in9 serting ‘‘National Intelligence Director’’: 

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

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

12 402(h)(2)(A)). 

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

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

15 402(i)(2)(A)). 

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

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

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

19 5(b)(6)(A)). 

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

21 5b(a)(1)). 

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

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

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

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

26 (M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)). 
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1 (N) Section 113(b)(2)(A) (50 U.S.C. 

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

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

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

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

6 (S) Section 115(b) (50 U.S.C. 404j(b)). 

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

8 404j(c)(1)(B)). 

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

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

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

12 places it appears. 

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

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

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

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

17 (BB) Section 504(a)(2) (50 U.S.C. 414(a)(2)). 

18 (CC) Section 504(a)(3)(C) (50 U.S.C. 

19 414(a)(3)(C)). 

20 (DD) Section 504(d)(2) (50 U.S.C. 414(d)(2)). 

21 (EE) Section 506A(a)(1) (50 U.S.C. 415a– 

22 1(a)(1)). 

23 (FF) Section 603(a) (50 U.S.C. 423(a)). 

24 (GG) Section 702(a)(1) (50 U.S.C. 432(a)(1)). 
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1 (HH) Section 702(a)(6)(B)(viii) (50 U.S.C. 

2 432(a)(6)(B)(viii)). 

3 (II) Section 702(b)(1) (50 U.S.C. 432(b)(1)), 

4 both places it appears. 

5 (JJ) Section 703(a)(1) (50 U.S.C. 432a(a)(1)). 

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

7 432a(a)(6)(B)(viii)). 

8 (LL) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), 

9 both places it appears. 

10 (MM) Section 704(a)(1) (50 U.S.C. 

11 432b(a)(1)). 

12 (NN) Section 704(f)(2)(H) (50 U.S.C. 

13 432b(f)(2)(H)). 

14 (OO) Section 704(g)(1)) (50 U.S.C. 

15 432b(g)(1)), both places it appears. 

16 (PP) Section 1001(a) (50 U.S.C. 441g(a)). 

17 (QQ) Section 1102(a)(1) (50 U.S.C. 

18 442a(a)(1)). 

19 (RR) Section 1102(b)(1) (50 U.S.C. 

20 442a(b)(1)). 

21 (SS) Section 1102(c)(1) (50 U.S.C. 

22 442a(c)(1)). 

23 (TT) Section 1102(d) (50 U.S.C. 442a(d)). 
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1 (2) That Act is further amended by striking ‘‘of Cen2 tral Intelligence’’ each place it appears in the following 

3 provisions: 

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

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

6 5b(a)(2)). 

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

8 the second place it appears. 

9 (3) That Act is further amended by striking ‘‘Direc10 tor’’ each place it appears in the following provisions and 

11 inserting ‘‘National Intelligence Director’’: 

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

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

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

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

16 first place it appears. 

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

18 441g(d)(1)(B)). 

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

20 first place it appears. 

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

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

23 and inserting ‘‘National Intelligence Director, the Director 

24 of the Central Intelligence Agency’’ 
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1 (5) Section 701 of that Act (50 U.S.C. 431) is 

2 amended— 

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

4 files of the Central Intelligence Agency may be ex5 empted by the Director of Central Intelligence’’ and 

6 inserting ‘‘The Director of the Central Intelligence 

7 Agency, with the coordination of the National Intel8 ligence Director, may exempt operational files of the 

9 Central Intelligence Agency’’; and 

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

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

12 the Central Intelligence Agency and the National In13 telligence Director’’. 

14 (6) The heading for section 114 of that Act (50 

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

16 ‘‘ADDITIONAL ANNUAL REPORTS FROM THE NATIONAL

17 INTELLIGENCE DIRECTOR’’. 

18 (b) CENTRAL INTELLIGENCE AGENCY ACT OF

19 1949.—(1) Section 1 of the Central Intelligence Agency 

20 Act of 1949 (50 U.S.C. 403a) is amended— 

21 (A) by redesignating paragraphs (a), (b), and 

22 (c) as paragraphs (1), (2), and (3), respectively; and 

23 (B) by striking paragraph (2), as so redesig24 nated, and inserting the following new paragraph 

25 (2): 
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1 ‘‘(2) ‘Director’ means the Director of the Central In2 telligence Agency; and’’. 

3 (2) That Act (50 U.S.C. 403a et seq.) is further 

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

5 each place it appears in the following provisions and in6 serting ‘‘National Intelligence Director’’: 

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

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

9 places it appears. 

10 (3) That Act is further amended by striking ‘‘of Cen11 tral Intelligence’’ in each of the following provisions: 

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

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

14 403p(c)(1)(B)). 

15 (B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)). 

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

17 (4) That Act is further amended by striking ‘‘Direc18 tor of Central Intelligence’’ each place it appears in the 

19 following provisions and inserting ‘‘Director of the Central 

20 Intelligence Agency’’: 

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

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

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

24 both places it appears. 

25 (D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)). 
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1 (E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)). 

2 (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT

3 ACT.—Section 101 of the Central Intelligence Agency Re4 tirement Act (50 U.S.C. 2001) is amended by striking 

5 paragraph (2) and inserting the following new paragraph 

6 (2): 

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

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

9 (d) CIA VOLUNTARY SEPARATION PAY ACT.—Sub10 section (a)(1) of section 2 of the Central Intelligence 

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

12 note) is amended to read as follows: 

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

14 the Central Intelligence Agency;’’. 

15 (e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

16 1978.—(1) The Foreign Intelligence Surveillance Act of 

17 1978 (50 U.S.C. 1801 et seq.) is amended by striking ‘‘Di18 rector of Central Intelligence’’ each place it appears and 

19 inserting ‘‘National Intelligence Director’’. 

20 (f) CLASSIFIED INFORMATION PROCEDURES ACT.— 

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

22 (5 U.S.C. App.) is amended by striking ‘‘Director of Cen23 tral Intelligence’’ and inserting ‘‘National Intelligence Di24 rector’’. 

25 (g) INTELLIGENCE AUTHORIZATION ACTS.— 
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1 (1) PUBLIC LAW 103–359.—Section 811(c)(6)(C) 

2 of the Counterintelligence and Security Enhance3 ments Act of 1994 (title VIII of Public Law 103– 

4 359) is amended by striking ‘‘Director of Central In5 telligence’’ and inserting ‘‘National Intelligence Di6 rector’’. 

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

8 Authorization Act for Fiscal Year 2003 (Public Law 

9 107–306) is amended by striking ‘‘Director of Cen10 tral Intelligence, acting as the head of the intel11 ligence community,’’ each place it appears in the fol12 lowing provisions and inserting ‘‘National Intel13 ligence Director’’: 

14 (i) Section 313(a) (50 U.S.C. 404n(a)). 

15 (ii) Section 343(a)(1) (50 U.S.C. 404n– 

16 2(a)(1)) 

17 (B) Section 341 of that Act (50 U.S.C. 404n– 

18 1) is amended by striking ‘‘Director of Central Intel19 ligence, acting as the head of the intelligence com20 munity, shall establish in the Central Intelligence 

21 Agency’’ and inserting ‘‘National Intelligence Direc22 tor shall establish within the Central Intelligence 

23 Agency’’. 
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1 (C) Section 352(b) of that Act (50 U.S.C. 404– 

2 3 note) is amended by striking ‘‘Director’’ and in3 serting ‘‘National Intelligence Director’’. 

4 (3) PUBLIC LAW 108–177.—(A) The Intelligence 

5 Authorization Act for Fiscal Year 2004 (Public Law 

6 108–177) is amended by striking ‘‘Director of Cen7 tral Intelligence’’ each place it appears in the fol8 lowing provisions and inserting ‘‘National Intel9 ligence Director’’: 

10 (i) Section 317(a) (50 U.S.C. 403–3 note). 

11 (ii) Section 317(h)(1). 

12 (iii) Section 318(a) (50 U.S.C. 441g note). 

13 (iv) Section 319(b) (50 U.S.C. 403 note). 

14 (v) Section 341(b) (28 U.S.C. 519 note). 

15 (vi) Section 357(a) (50 U.S.C. 403 note). 

16 (vii) Section 504(a) (117 Stat. 2634), both 

17 places it appears. 

18 (B) Section 319(f)(2) of that Act (50 U.S.C. 

19 403 note) is amended by striking ‘‘Director’’ the 

20 first place it appears and inserting ‘‘National Intel21 ligence Director’’. 

22 (C) Section 404 of that Act (18 U.S.C. 4124 

23 note) is amended by striking ‘‘Director of Central 

24 Intelligence’’ and inserting ‘‘Director of the Central 

25 Intelligence Agency’’. 
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1 SEC. 303. OTHER CONFORMING AMENDMENTS. 

2 (a) NATIONAL SECURITY ACT OF 1947.—(1) Section 

3 101(j) of the National Security Act of 1947 (50 U.S.C. 

4 402(j)) is amended by striking ‘‘Deputy Director of Cen5 tral Intelligence’’ and inserting ‘‘Principal Deputy Na6 tional Intelligence Director’’. 

7 (2) Section 112(d)(1) of that Act (50 U.S.C. 

8 404g(d)(1)) is amended by striking ‘‘section 103(c)(6) of 

9 this Act’’ and inserting ‘‘section 112(a)(14) of the Na10 tional Intelligence Reform Act of 2004’’. 

11 (3) Section 116(b) of that Act (50 U.S.C. 404k(b)) 

12 is amended by striking ‘‘to the Deputy Director of Central 

13 Intelligence, or with respect to employees of the Central 

14 Intelligence Agency, the Director may delegate such au15 thority to the Deputy Director for Operations’’ and insert16 ing ‘‘to the Principal Deputy National Intelligence Direc17 tor, or, with respect to employees of the Central Intel18 ligence Agency, to the Director of the Central Intelligence 

19 Agency’’. 

20 (4) Section 504(a)(2) of that Act (50 U.S.C. 

21 414(a)(2)) is amended by striking ‘‘Reserve for Contin22 gencies of the Central Intelligence Agency’’ and inserting 

23 ‘‘Reserve for Contingencies’’. 

24 (5) Section 506A(b)(1) of that Act (50 U.S.C. 415a– 

25 1(b)(1)) is amended by striking ‘‘Office of the Deputy Di-
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1 rector of Central Intelligence’’ and inserting ‘‘Office of the 

2 National Intelligence Director’’. 

3 (6) Section 701(c)(3) of that Act (50 U.S.C. 

4 431(c)(3)) is amended by striking ‘‘or the Office of the 

5 Director of Central Intelligence’’ and inserting ‘‘the Office 

6 of the Director of the Central Intelligence Agency, or the 

7 Office of the National Intelligence Director’’. 

8 (7) Section 1001(b) of that Act (50 U.S.C. 441g(b)) 

9 is amended by striking ‘‘Assistant Director of Central In10 telligence for Administration’’ and inserting ‘‘Office of the 

11 National Intelligence Director’’. 

12 (b) CENTRAL INTELLIGENCE AGENCY ACT OF

13 1949.—Section 6 of the Central Intelligence Agency Act 

14 of 1949 (50 U.S.C. 403g) is amended by striking ‘‘section 

15 103(c)(7) of the National Security Act of 1947 (50 U.S.C. 

16 403–3(c)(7))’’ and inserting ‘‘section 112(a)(14) of the 

17 National Intelligence Reform Act of 2004’’. 

18 (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT

19 ACT.—Section 201(c) of the Central Intelligence Agency 

20 Retirement Act (50 U.S.C. 2011(c)) is amended by strik21 ing ‘‘paragraph (6) of section 103(c) of the National Secu22 rity Act of 1947 (50 U.S.C. 403–3(c)) that the Director 

23 of Central Intelligence’’ and inserting ‘‘section 112(a)(14) 

24 of the National Intelligence Reform Act of 2004 that the 

25 National Intelligence Director’’. 
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1 (d) INTELLIGENCE AUTHORIZATION ACTS.— 

2 (1) PUBLIC LAW 107–306.—Section 343(c) of 

3 the Intelligence Authorization Act for Fiscal Year 

4 2003 (Public Law 107–306; 50 U.S.C. 404n–2(c)) is 

5 amended by striking ‘‘section 103(c)(6) of the Na6 tional Security Act of 1947 (50 U.S.C. 403– 

7 3((c)(6))’’ and inserting ‘‘section 112(a)(14) of the 

8 National Intelligence Reform Act of 2004’’. 

9 (2) PUBLIC LAW 108–177.—Section 317 of the 

10 Intelligence Authorization Act for Fiscal Year 2004 

11 (Public Law 108–177; 50 U.S.C. 403–3 note) is 

12 amended— 

13 (A) in subsection (g), by striking ‘‘Assist14 ant Director of Central Intelligence for Analysis 

15 and Production’’ and inserting ‘‘Principal Dep16 uty National Intelligence Director’’; and 

17 (B) in subsection (h)(2)(C), by striking 

18 ‘‘Assistant Director’’ and inserting ‘‘Principal 

19 Deputy National Intelligence Director’’. 

20 SEC. 304. MODIFICATION OF COUNTERINTELLIGENCE AND 

21 NATIONAL INTELLIGENCE UNDER NATIONAL 

22 SECURITY ACT OF 1947. 

23 Section 3 of the National Security Act of 1947 (50 

24 U.S.C. 401a) is amended— 
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1 (1) by striking paragraph (3) and inserting the 

2 following new paragraph (3): 

3 ‘‘(3) The term ‘counterintelligence’ means for4 eign intelligence gathered, and information gathering 

5 activities conducted, to protect against espionage, 

6 other intelligence activities, sabotage, or assassina7 tions conducted by or on behalf of foreign govern8 ments or elements thereof, foreign organizations, or 

9 foreign persons, or international terrorist activi10 ties.’’; and 

11 (2) in paragraph (5)(B)— 

12 (A) by striking ‘‘counterintelligence or’’; 

13 and 

14 (B) by striking ‘‘expressly provided for in 

15 this title’’ and insert ‘‘expressly provided for in 

16 law’’. 

17 SEC. 305. ELEMENTS OF INTELLIGENCE COMMUNITY 

18 UNDER NATIONAL SECURITY ACT OF 1947. 

19 Paragraph (4) of section 3 of the National Security 

20 Act of 1947 (50 U.S.C. 401a) is amended to read as fol21 lows: 

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

23 the following: 

24 ‘‘(A) The National Intelligence Authority. 

25 ‘‘(B) The Central Intelligence Agency. 
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1 ‘‘(C) The National Security Agency. 

2 ‘‘(D) The Defense Intelligence Agency. 

3 ‘‘(E) The National Geospatial-Intelligence 

4 Agency. 

5 ‘‘(F) The National Reconnaissance Office. 

6 ‘‘(G) Other offices within the Department 

7 of Defense for the collection of specialized na8 tional intelligence through reconnaissance pro9 grams. 

10 ‘‘(H) The intelligence elements of the 

11 Army, the Navy, the Air Force, the Marine 

12 Corps, the Federal Bureau of Investigation, and 

13 the Department of Energy. 

14 ‘‘(I) The Bureau of Intelligence and Re15 search of the Department of State. 

16 ‘‘(J) The Office of Intelligence and Anal17 ysis of the Department of the Treasury. 

18 ‘‘(K) The elements of the Department of 

19 Homeland Security concerned with the analysis 

20 of intelligence information, including the Office 

21 of Intelligence of the Coast Guard. 

22 ‘‘(L) Such other elements of any depart23 ment or agency as may be designated by the 

24 President, or designated jointly by the National 

25 Intelligence Director and the head of the de-
248 

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1 partment or agency concerned, as an element of 

2 the intelligence community.’’. 

3 SEC. 306. REDESIGNATION OF NATIONAL FOREIGN INTEL4 LIGENCE PROGRAM AS NATIONAL INTEL5 LIGENCE PROGRAM. 

6 (a) REDESIGNATION.—Section 3 of the National Se7 curity Act of 1947 (50 U.S.C. 401a), as amended by this 

8 Act, is further amended— 

9 (1) by striking paragraph (6); and 

10 (2) by redesignating paragraph (7) as para11 graph (6). 

12 (b) CONFORMING AMENDMENTS.—(1) The National 

13 Security Act of 1947, as amended by this Act, is further 

14 amended by striking ‘‘National Foreign Intelligence Pro15 gram’’ each place it appears in the following provisions 

16 and inserting ‘‘National Intelligence Program’’: 

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

18 (B) Section 105(a)(3) (50 U.S.C. 403–5(a)(3)). 

19 (C) Section 506(a) (50 U.S.C. 415a(a)). 

20 (2) Section 17(f) of the Central Intelligence Agency 

21 Act of 1949 (50 U.S.C. 403q(f)) is amended by striking 

22 ‘‘National Foreign Intelligence Program’’ and inserting 

23 ‘‘National Intelligence Program’’. 

24 (c) HEADING AMENDMENTS.—(1) The heading of 

25 section 105 of that Act is amended to read as follows: 
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1 ‘‘RESPONSIBILITIES OF THE SECRETARY OF DEFENSE

2 PERTAINING TO THE NATIONAL INTELLIGENCE PRO3 GRAM’’. 

4 (2) The heading of section 506 of that Act is amend5 ed to read as follows: 

6 ‘‘SPECIFICITY OF NATIONAL INTELLIGENCE PROGRAM

7 BUDGET AMOUNTS FOR COUNTERTERRORISM, 

8 COUNTERPROLIFERATION, COUNTERNARCOTICS, AND

9 COUNTERINTELLIGENCE’’. 

10 SEC. 307. CONFORMING AMENDMENTS ON RESPONSIBIL11 ITIES OF SECRETARY OF DEFENSE PER12 TAINING TO NATIONAL INTELLIGENCE PRO13 GRAM. 

14 Section 105(a) of the National Security Act of 1947 

15 (50 U.S.C. 403–5(a)) is amended— 

16 (1) in paragraph (1), by striking ‘‘ensure’’ and 

17 inserting ‘‘assist the Director in ensuring’’; and 

18 (2) in paragraph (2), by striking ‘‘appropriate’’. 

19 SEC. 308. REPEAL OF SUPERSEDED AUTHORITIES. 

20 (a) APPOINTMENT OF CERTAIN INTELLIGENCE OF21 FICIALS.—Section 106 of the National Security Act of 

22 1947 (50 U.S.C. 403–6) is repealed. 

23 (b) COLLECTION TASKING AUTHORITY.—Section 

24 111 of the National Security Act of 1947 (50 U.S.C. 404f) 

25 is repealed. 
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1 SEC. 309. CONFORMING AMENDMENTS ON FUNDING OF IN2 TELLIGENCE ACTIVITIES. 

3 Section 504 of the National Security Act of 1947 (50 

4 U.S.C. 414) is amended— 

5 (1) in subsection (a)(3)— 

6 (A) in subparagraph (A), by adding ‘‘and’’ 

7 at the end; 

8 (B) by striking subparagraph (B); and 

9 (C) by redesignating subparagraph (C) as 

10 subparagraph (B); and 

11 (2) in subsection (e), by striking paragraph (2) 

12 and inserting the following new paragraph (2): 

13 ‘‘(2) the term ‘appropriate congressional com14 mittees’ means— 

15 ‘‘(A)(i) the Permanent Select Committee 

16 on Intelligence and the Committee on Appro17 priations of the House of Representatives; and 

18 ‘‘(ii) the Select Committee on Intelligence 

19 and the Committee on Appropriations of the 

20 Senate; 

21 ‘‘(B) in the case of a transfer of funds to 

22 or from, or a reprogramming within, the De23 partment of Defense— 

24 ‘‘(i) the committees and select com25 mittees referred to in subparagraph (A); 
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1 ‘‘(ii) the Committee on Armed Serv2 ices of the House of Representatives; and 

3 ‘‘(iii) the Committee on Armed Serv4 ices of the Senate; and 

5 ‘‘(C) in the case of a transfer of funds to 

6 or from, or a reprogramming within, the Fed7 eral Bureau of Investigation— 

8 ‘‘(i) the committees and select com9 mittees referred to in subparagraph (A); 

10 ‘‘(ii) the Committee on the Judiciary 

11 of the House of Representatives; and 

12 ‘‘(iii) the Committee on the Judiciary 

13 of the Senate; and’’. 

14 SEC. 310. MODIFICATION OF DEFINITION OF CONGRES15 SIONAL INTELLIGENCE COMMITTEES UNDER 

16 NATIONAL SECURITY ACT OF 1947. 

17 (a) IN GENERAL.—Paragraph (7) of section 3 of the 

18 National Security Act of 1947 (50 U.S.C. 401a) is amend19 ed to read as follows: 

20 ‘‘(7) The term ‘congressional intelligence com21 mittees’ means— 

22 ‘‘(A) the Select Committee on Intelligence 

23 of the Senate; 

24 ‘‘(B) the Permanent Select Committee on 

25 Intelligence of the House of Representatives; 
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1 ‘‘(C) the Speaker of the House of Rep2 resentatives and the Majority Leader and the 

3 Minority Leader of the House of Representa4 tives; and 

5 ‘‘(D) the Majority Leader and the Minority 

6 Leader of the Senate.’’. 

7 (b) FUNDING OF INTELLIGENCE ACTIVITIES.—Para8 graph (2) of section 504(e) of that Act (50 U.S.C. 414(e)) 

9 is amended to read as follows: 

10 ‘‘(2) the term ‘appropriate congressional com11 mittees’ means— 

12 ‘‘(A) the Select Committee on Intelligence 

13 and the Committee on Appropriations of the 

14 Senate; 

15 ‘‘(B) the Permanent Select Committee on 

16 Intelligence and the Committee on Appropria17 tions of the House of Representatives; 

18 ‘‘(C) the Speaker of the House of Rep19 resentatives and the Majority Leader and the 

20 Minority Leader of the House of Representa21 tives; and 

22 ‘‘(D) the Majority Leader and the Minority 

23 Leader of the Senate;’’. 
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1 SEC. 311. CLERICAL AMENDMENTS TO NATIONAL SECURITY 

2 ACT OF 1947. 

3 The table of contents for the National Security Act 

4 of 1947 is amended— 

5 (1) by inserting after the item relating to sec6 tion 101 the following new item: 

‘‘Sec. 101A. Joint Intelligence Community Council.’’; 

7 (2) by striking the items relating to sections 

8 102 through 104 and inserting the following new 

9 items: 

‘‘Sec. 102. Central Intelligence Agency. 

‘‘Sec. 103. Director of the Central Intelligence Agency.’’; 

10 (3) by striking the item relating to section 105 

11 and inserting the following new item: 

‘‘Sec 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence Program.’’; 

12 (4) by striking the item relating to section 114 

13 and inserting the following new item: 

‘‘Sec. 114. Additional annual reports from the National Intelligence Director.’’; 

14 and 

15 (5) by striking the item relating to section 506 

16 and inserting the following new item: 

‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for 

counterterrorism, counterproliferation, counternarcotics, and 

counterintelligence’’. 
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1 SEC. 312. MODIFICATION OF AUTHORITIES RELATING TO 

2 NATIONAL COUNTERINTELLIGENCE EXECU3 TIVE. 

4 (a) APPOINTMENT OF NATIONAL COUNTERINTEL5 LIGENCE EXECUTIVE.—Section 902(a) of the Counter6 intelligence Enhancement Act of 2002 (title IX of Public 

7 Law 107–306; 116 Stat,. 2432; 50 U.S.C. 402b) is 

8 amended— 

9 (1) by striking ‘‘President’’ and inserting ‘‘Na10 tional Intelligence Director’’; and 

11 (2) by striking ‘‘Director of Central Intel12 ligence’’ and inserting ‘‘Director of the Central In13 telligence Agency’’. 

14 (b) COMPONENT OF OFFICE OF NATIONAL INTEL15 LIGENCE DIRECTOR.—Such section is further amended— 

16 (1) by redesignating subsections (b) and (c) as 

17 subsections (c) and (d), respectively; and 

18 (2) by inserting after subsection (a) the fol19 lowing new subsection (b): 

20 ‘‘(b) COMPONENT OF OFFICE OF NATIONAL INTEL21 LIGENCE DIRECTOR.—The National Counterintelligence 

22 Executive is a component of the Office of the National 

23 Intelligence Director under subtitle C of the National In24 telligence Reform Act of 2004.’’. 
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1 (c) DUTIES.—Subsection (d) of such section, as re2 designated by subsection (a)(1) of this section, is amended 

3 by adding at the end the following new paragraph: 

4 ‘‘(5) To perform such other duties as may be 

5 provided under section 132(b) of the National Intel6 ligence Reform Act of 2004.’’. 

7 (d) OFFICE OF NATIONAL COUNTERINTELLIGENCE

8 EXECUTIVE.—Section 904 of the Counterintelligence En9 hancement Act of 2002 (116 Stat. 2434; 50 U.S.C. 402c) 

10 is amended— 

11 (1) by striking ‘‘Office of the Director of Cen12 tral Intelligence’’ each place it appears in sub13 sections (c) and (l)(1) and inserting ‘‘Office of the 

14 National Intelligence Director’’; 

15 (2) by striking ‘‘Director of Central Intel16 ligence’’ each place it appears in subsections (e)(4), 

17 (e)(5), (h)(1), and (h)(2) and inserting ‘‘National 

18 Intelligence Director’’; and 

19 (3) in subsection (m), by striking ‘‘Director of 

20 Central Intelligence’’ and inserting ‘‘National Intel21 ligence Director, the Director of the Central Intel22 ligence Agency’’. 
256 

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1 SEC. 313. CONFORMING AMENDMENT RELATING TO CHIEF 

2 FINANCIAL OFFICER OF THE NATIONAL IN3 TELLIGENCE AUTHORITY. 

4 Section 901(b)(1) of title 31, United States Code, is 

5 amended by adding at the end the following new subpara6 graph: 

7 ‘‘(Q) The National Intelligence Authority.’’. 

8 Subtitle B—Transfers and 

9 Terminations 

10 SEC. 321. TRANSFER OF OFFICE OF DEPUTY DIRECTOR OF 

11 CENTRAL INTELLIGENCE FOR COMMUNITY 

12 MANAGEMENT. 

13 (a) TRANSFER.—There shall be transferred to the 

14 Office of the National Intelligence Director the staff of 

15 the Office of the Deputy Director of Central Intelligence 

16 for Community Management as of the date of the enact17 ment of this Act, including all functions and activities dis18 charged by the Office of the Deputy Director of Central 

19 Intelligence for Community Management as of that date. 

20 (b) ADMINISTRATION.—The National Intelligence Di21 rector shall administer the staff of the Office of the Dep22 uty Director of Central Intelligence for Community Man23 agement after the date of the enactment of this Act as 

24 a component of the Office of the National Intelligence Di25 rector under section 121(d). 
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1 SEC. 322. TRANSFER OF NATIONAL COUNTERINTEL2 LIGENCE EXECUTIVE. 

3 (a) TRANSFER.—There shall be transferred to the 

4 Office of the National Intelligence Director the National 

5 Counterintelligence Executive and the Office of the Na6 tional Counterintelligence Executive under the Counter7 intelligence Enhancement Act of 2002 (title IX of Public 

8 Law 107–306; 50 U.S.C. 402b et seq.), as amended by 

9 section 309 of this Act, including all functions and activi10 ties discharged by the National Counterintelligence Execu11 tive and the Office of the National Counterintelligence Ex12 ecutive as of the date of the enactment of this Act. 

13 (b) ADMINISTRATION.—The National Intelligence Di14 rector shall treat the National Counterintelligence Execu15 tive, and administer the Office of the National Counter16 intelligence Executive, after the date of the enactment of 

17 this Act as components of the Office of the National Intel18 ligence Director under section 121(c). 

19 SEC. 323. TRANSFER OF TERRORIST THREAT INTEGRATION 

20 CENTER. 

21 (a) TRANSFER.—There shall be transferred to the 

22 National Counterterrorism Center the Terrorist Threat 

23 Integration Center (TTIC), including all functions and ac24 tivities discharged by the Terrorist Threat Integration 

25 Center as of the date of the enactment of this Act. 
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1 (b) ADMINISTRATION.—The Director of the National 

2 Counterterrorism Center shall administer the Terrorist 

3 Threat Integration Center after the date of the enactment 

4 of this Act as a component of the Directorate of Intel5 ligence of the National Counterterrorism Center under 

6 section 143(g)(2). 

7 SEC. 324. TERMINATION OF CERTAIN POSITIONS WITHIN 

8 THE CENTRAL INTELLIGENCE AGENCY. 

9 (a) TERMINATION.—The positions within the Central 

10 Intelligence Agency referred to in subsection (b) are here11 by abolished. 

12 (b) COVERED POSITIONS.—The positions within the 

13 Central Intelligence Agency referred to in this subsection 

14 are as follows: 

15 (1) The Deputy Director of Central Intelligence 

16 for Community Management. 

17 (2) The Assistant Director of Central Intel18 ligence for Collection. 

19 (3) The Assistant Director of Central Intel20 ligence for Analysis and Production. 

21 (4) The Assistant Director of Central Intel22 ligence for Administration. 
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1 Subtitle C—Other Transition 

2 Matters 

3 SEC. 331. EXECUTIVE SCHEDULE MATTERS. 

4 (a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 

5 of title 5, United States Code, is amended by adding the 

6 end the following new item: 

7 ‘‘National Intelligence Director.’’. 

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

9 of title 5, United States Code, is amended— 

10 (1) by striking the item relating to the Director 

11 of Central Intelligence; and 

12 (2) by adding at the end the following new 

13 items: 

14 ‘‘The Director of the Central Intelligence Agen15 cy’’. 

16 ‘‘Deputy National Intelligence Directors (5). 

17 ‘‘Director of the National Counterterrorism 

18 Center.’’. 

19 (c) EXECUTIVE SCHEDULE LEVEL III.—Section 

20 5314 of title 5, United States Code, is amended by strik21 ing the item relating to the Deputy Directors of Central 

22 Intelligence and inserting the following new item: 

23 ‘‘Deputy Director of the Central Intelligence 

24 Agency.’’. 
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1 (d) EXECUTIVE SCHEDULE LEVEL IV.—Section 

2 5315 of title 5, United States Code, is amended by strik3 ing the item relating to the Assistant Directors of Central 

4 Intelligence. 

5 SEC. 332. PRESERVATION OF INTELLIGENCE CAPABILITIES. 

6 The National Intelligence Director, the Director of 

7 the Central Intelligence Agency, and the Secretary of De8 fense shall jointly take such actions as are appropriate to 

9 preserve the intelligence capabilities of the United States 

10 during the establishment of the National Intelligence Au11 thority under this Act. 

12 SEC. 333. REORGANIZATION. 

13 (a) REORGANIZATION.—The National Intelligence 

14 Director may, with the approval of the President and after 

15 consultation with the department, agency, or element con16 cerned, allocate or reallocate functions among the officers 

17 of the National Intelligence Program, and may establish, 

18 consolidate, alter, or discontinue organizational units with19 in the Program, but only after providing notice of such 

20 action to Congress, which shall include an explanation of 

21 the rationale for the action. 

22 (b) LIMITATION.—The authority under subsection (a) 

23 does not extend to any action inconsistent with law. 
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1 (c) CONGRESSIONAL REVIEW.—An action may be 

2 taken under the authority under subsection (a) only with 

3 the approval of the following: 

4 (1) Each of the congressional intelligence com5 mittees. 

6 (2) Each of the Committee on Governmental 

7 Affairs of the Senate and the Committee on Govern8 ment Reform of the House of Representatives. 

9 SEC. 334. NATIONAL INTELLIGENCE DIRECTOR REPORT ON 

10 IMPLEMENTATION OF INTELLIGENCE COM11 MUNITY REFORM. 

12 Not later than one year after the date of the enact13 ment of this Act, the National Intelligence Director shall 

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

15 implementation of this Act, including the amendments 

16 made by this Act. The report shall include a comprehen17 sive description of the progress made, and may include 

18 such recommendations for additional legislative or admin19 istrative action as the Director considers appropriate. 

20 SEC. 335. COMPTROLLER GENERAL REPORTS ON IMPLE21 MENTATION OF INTELLIGENCE COMMUNITY 

22 REFORM. 

23 (a) REPORTS.—(1) Not later than two years after the 

24 date of the enactment of this Act, the Comptroller General 

25 of the United States shall submit to Congress a com-
262 

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1 prehensive report on the implementation of this Act and 

2 the amendments made by this Act. 

3 (2) The Comptroller General may submit to Congress 

4 at any time during the two-year period beginning on the 

5 date of the enactment of this Act, such reports on the 

6 progress made in the implementation of this Act and the 

7 amendments made by this Act as the Comptroller General 

8 considers appropriate. 

9 (b) REPORT ELEMENTS.—Each report under sub10 section (a) shall include the following: 

11 (1) The assessment of the Comptroller General 

12 of the progress made in the implementation of this 

13 Act (and the amendments made by this Act) as of 

14 the date of such report. 

15 (2) A description of any delays or other short16 falls in the implementation of this Act that have 

17 been identified by the Comptroller General. 

18 (3) Any recommendations for additional legisla19 tive or administrative action that the Comptroller 

20 General considers appropriate. 

21 (c) AGENCY COOPERATION.—Each department, 

22 agency, and element of the United States Government 

23 shall cooperate with the Comptroller General in the assess24 ment of the implementation of this Act, and shall provide 

25 the Comptroller General timely and complete access to rel-
263 

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1 evant documents in accordance with section 716 of title 

2 31, United States Code. 

3 SEC. 336. NATIONAL INTELLIGENCE COUNCIL REPORT ON 

4 METHODOLOGIES UTILIZED FOR NATIONAL 

5 INTELLIGENCE ESTIMATES. 

6 (a) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the National Intelligence 

8 Council shall submit to Congress a report that includes 

9 the following: 

10 (1) The methodologies utilized for the initiation, 

11 drafting, publication, coordination, and dissemina12 tion of the results of National Intelligence Estimates 

13 (NIEs). 

14 (2) Such recommendations as the Council con15 siders appropriate regarding improvements of the 

16 methodologies utilized for National Intelligence Esti17 mates in order to ensure the timeliness of such Esti18 mates and ensure that such Estimates address the 

19 national security and intelligence priorities and ob20 jectives of the President and the National Intel21 ligence Director. 

22 (b) FORM.—The report under subsection (a) shall be 

23 submitted in an unclassified form, but may include a clas24 sified annex. 
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1 SEC. 337. NATIONAL INTELLIGENCE DIRECTOR REPORT ON 

2 NATIONAL COUNTERTERRORISM CENTER. 

3 (a) REPORT.—Not later than one year after the date 

4 of the establishment of the National Counterterrorism 

5 Center under section 143, the National Intelligence Direc6 tor shall submit to Congress a report evaluating the effec7 tiveness of the Center in achieving its primary missions 

8 under subsection (d) of that section. 

9 (b) ELEMENTS.—The report under subsection (a) 

10 shall include the following: 

11 (1) An assessment of the effectiveness of the 

12 National Counterterrorism Center in achieving its 

13 primary missions. 

14 (2) An assessment of the effectiveness of the 

15 authorities of the Center in contributing to the 

16 achievement of its primary missions, including au17 thorities relating to personnel and staffing, funding, 

18 information sharing, and technology. 

19 (3) An assessment of the relationships between 

20 the Center and the other elements and components 

21 of the intelligence community. 

22 (4) An assessment of the extent to which the 

23 Center provides an appropriate model for the estab24 lishment of national intelligence centers under sec25 tion 144. 
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1 (c) FORM.—The report under subsection (a) shall be 

2 submitted in an unclassified form, but may include a clas3 sified annex. 

4 SEC. 338. COMPONENTS OF NATIONAL INTELLIGENCE PRO5 GRAM. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of this Act, the National Intelligence Program shall 

8 consist of all programs, projects, and activities that are 

9 part of the National Foreign Intelligence Program as of 

10 the effective date of this section. 

11 (b) JOINT REVIEW OF CERTAIN PROGRAMS.—(1) 

12 The National Intelligence Director and the Secretary of 

13 Defense shall jointly review the programs, projects, and 

14 activities as follows: 

15 (A) The programs, projects, and activities with16 in the Joint Military Intelligence Program as of the 

17 effective date of this section. 

18 (B) The programs, projects, and activities with19 in the Tactical Intelligence and Related Activities 

20 program as of the effective date of this section. 

21 (C) The programs, projects, and activities of 

22 the Defense Intelligence Agency as of the effective 

23 date of this section that support the intelligence 

24 staff of the Chairman of the Joint Chiefs of Staff, 

25 the intelligence staffs of the unified combatant com-
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1 mands, and the portions of the sensitive compart2 mented communications systems that support com3 ponents of the Department of Defense. 

4 (2) As part of the review under paragraph (1), the 

5 Director shall consult with the head of each element of 

6 the intelligence community. 

7 (3)(A) The review under paragraph (1) with respect 

8 to the programs, projects, and activities referred to in 

9 paragraph (1)(C) shall be completed not later than 60 

10 days after the date on which the first individual nominated 

11 as National Intelligence Director after the date of the en12 actment of this Act is confirmed by the Senate. 

13 (B) Upon completion of the review under paragraph 

14 (1) of the programs, projects, and activities referred to 

15 in paragraph (1)(C), the Director shall submit to the 

16 President recommendations regarding the programs, 

17 projects, or activities, if any, referred to in paragraph 

18 (1)(C) to be included in the National Intelligence Pro19 gram, together with any comments that the Secretary of 

20 Defense considers appropriate. 

21 (C) During the period of the review under paragraph 

22 (1) of the programs, projects, and activities referred to 

23 in paragraph (1)(C), no action shall be taken that would 

24 have the effect of prejudicing the outcome of such review. 
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1 (4)(A) The review under paragraph (1) with respect 

2 to the programs, projects, and activities referred to in sub3 paragraphs (A) and (B) of paragraph (1) shall be com4 pleted not later than one year after the effective date of 

5 this section. 

6 (B) Upon completion of the review under paragraph 

7 (1) of the programs, projects, and activities referred to 

8 in subparagraphs (A) and (B) of paragraph (1), the Direc9 tor shall submit to the President recommendations regard10 ing the programs, projects, or activities, if any, referred 

11 to in such subparagraphs to be included in the National 

12 Intelligence Program, together with any comments that 

13 the Secretary of Defense considers appropriate. 

14 SEC. 339. GENERAL REFERENCES. 

15 (a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD

16 OF INTELLIGENCE COMMUNITY.—Any reference to the 

17 Director of Central Intelligence or the Director of the Cen18 tral Intelligence Agency in the Director’s capacity as the 

19 head of the intelligence community in any law, regulation, 

20 document, paper, or other record of the United States 

21 shall be deemed to be a reference to the National Intel22 ligence Director. 

23 (b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD

24 OF CIA.—Any reference to the Director of Central Intel25 ligence or the Director of the Central Intelligence Agency 
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1 in the Director’s capacity as the head of the Central Intel2 ligence Agency in any law, regulation, document, paper, 

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

4 be a reference to the Director of the Central Intelligence 

5 Agency. 

6 (c) OFFICE OF THE DEPUTY DIRECTOR OF CENTRAL

7 INTELLIGENCE FOR COMMUNITY MANAGEMENT.—Any 

8 reference to the Office of the Deputy Director of Central 

9 Intelligence for Community Management in any law, regu10 lation, document, paper, or other record of the United 

11 States shall be deemed to be a reference to the staff of 

12 such office within the Office of the National Intelligence 

13 Director under section 121. 

14 Subtitle D—Effective Date 

15 SEC. 341. EFFECTIVE DATE. 

16 (a) IN GENERAL.—Except as provided in subsections 

17 (b), (c), and (d), titles I through III of this Act, and the 

18 amendments made by such titles, shall take effect 180 

19 days after the date of the enactment of this Act. 

20 (b) SPECIFIED EFFECTIVE DATES.—(1) The provi21 sions of section 206 shall take effect as provided in such 

22 provisions. 

23 (2) The provisions of sections 211 and 212 shall take 

24 effect 90 days after the date of the enactment of this Act. 
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1 (c) EARLIER EFFECTIVE DATE.—In order to safe2 guard the national security of the United States through 

3 rapid implementation of titles I through III of this Act 

4 while also ensuring a smooth transition in the implementa5 tion of such titles, the President may provide that titles 

6 I through III of this Act (including the amendments made 

7 by such titles), or one or more particular provisions of 

8 such titles (including the amendments made by such provi9 sion or provisions), shall take effect on such date that is 

10 earlier than the date otherwise provided under subsection 

11 (a) as the President shall specify. 

12 (d) DELAYED EFFECTIVE DATE.—(1) Except with 

13 respect to a provision specified in subsection (b), the 

14 President may extend the effective date of a provision of 

15 titles I through III of this Act (including the amendments 

16 made by such provision) for any period up to 180 days 

17 after the effective date otherwise provided by this section 

18 for such provision. 

19 (2) The President may extend the effective date of 

20 a provision under paragraph (1) only if the President de21 termines that the extension is necessary to safeguard the 

22 national security of the United States and after balancing 

23 the need for a smooth transition in the implementation 

24 of titles I through III of this Act against the need for 

25 a rapid implementation of such titles. 
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1 (e) NOTIFICATION OF EFFECTIVE DATES.—If the 

2 President exercises the authority in subsection (c) or (d), 

3 the President shall— 

4 (1) notify Congress of the exercise of such au5 thority; and 

6 (2) publish in the Federal Register notice of the 

7 earlier or delayed effective date or dates involved, in8 cluding each provision (and amendment) covered by 

9 such earlier or delayed effective date. 

10 Subtitle E—Other Matters 

11 SEC. 351. SEVERABILITY. 

12 If any provision of this Act, or an amendment made 

13 by this Act, or the application of such provision to any 

14 person or circumstance is held invalid, the remainder of 

15 this Act, or the application of such provision to persons 

16 or circumstances other than those to which such provision 

17 is held invalid, shall not be affected thereby. 

18 SEC. 352. AUTHORIZATION OF APPROPRIATIONS. 

19 There are specifically authorized to be appropriated 

20 for fiscal year 2005 such sums as may be necessary to 

21 carry out this Act and the amendments made by this Act. 
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1 TITLE IV—TRANSPORTATION 

2 SECURITY 

3 SEC. 401. WATCHLISTS FOR PASSENGERS ABOARD VES4 SELS. 

5 (a) IN GENERAL.—As soon as practicable but not 

6 later than 180 days after the date of the enactment of 

7 this Act, the Secretary of Homeland Security shall— 

8 (1) implement a procedure under which the De9 partment of Homeland Security compares informa10 tion about passengers and crew who are to be car11 ried aboard a cruise ship with a comprehensive, con12 solidated database containing information about 

13 known or suspected terrorists and their associates; 

14 (2) use the information obtained by comparing 

15 the passenger and crew information with the infor16 mation in the database to prevent known or sus17 pected terrorists and their associates from boarding 

18 such vessels or to subject them to specific additional 

19 security scrutiny, through the use of ‘‘no transport’’ 

20 and ‘‘automatic selectee’’ lists or other means; and 

21 (3) if not practicable, enforcement of subsection 

22 (2) shall be waived for cruise ships embarking at 

23 foreign ports. 

24 (b) COOPERATION FROM OPERATORS OF PASSENGER

25 VESSELS.—The Secretary of Homeland Security shall by 
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1 rulemaking require operators of cruise ships to provide the 

2 passenger and crew information necessary to implement 

3 the procedure required by subsection (a). 

4 (c) MAINTAINING THE ACCURACY AND INTEGRITY OF

5 THE ‘‘NO TRANSPORT’’ AND ‘‘AUTOMATIC SELECTEE’’ 

6 LISTS.— 

7 (1) WATCHLIST DATABASE.—The Secretary of 

8 Homeland Security, in consultation with the Direc9 tor of the Federal Bureau of Investigations, shall de10 sign guidelines, policies, and operating procedures 

11 for the collection, removal, and updating of data 

12 maintained, or to be maintained, in the watchlist 

13 database described in subsection (a)(1) that are de14 signed to ensure the accuracy and integrity of the 

15 databases. 

16 (2) ACCURACY OF ENTRIES.—In developing the 

17 ‘‘no transport’’ and ‘‘automatic selectee’’ lists under 

18 subsection (a)(1), the Secretary of Homeland Secu19 rity shall establish a simple and timely method for 

20 correcting erroneous entries, for clarifying informa21 tion known to cause false hits or misidentification 

22 errors, and for updating relevant information that is 

23 dispositive in the passenger and crew screening proc24 ess. The Secretary shall also establish a process to 

25 provide an individual whose name is confused with, 
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1 or similar to, a name in the watchlist database with 

2 a means of demonstrating that such individual is not 

3 the person named in the database. 

4 (d) CRUISE SHIP DEFINED.—In this section, the 

5 term ‘‘cruise ship’’ shall be as defined in 33 CFR 

6 104.105(a)(5) and (6) on the date of enactment of this 

7 Act. 

8 TITLE V—AIR CARGO SAFETY 

9 SEC. 501. SHORT TITLE. 

10 This title may be cited as the ‘‘Air Cargo Security 

11 Improvement Act’’. 

12 SEC. 502. INSPECTION OF CARGO CARRIED ABOARD PAS13 SENGER AIRCRAFT. 

14 Section 44901(f) of title 49, United States Code, is 

15 amended to read as follows: 

16 ‘‘(f) CARGO.— 

17 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

18 Security shall establish systems to screen, inspect, or 

19 otherwise ensure the security of all cargo that is to 

20 be transported in— 

21 ‘‘(A) passenger aircraft operated by an air 

22 carrier or foreign air carrier in air transpor23 tation or intrastate air transportation; or 

24 ‘‘(B) all-cargo aircraft in air transpor25 tation and intrastate air transportation. 
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1 ‘‘(2) STRATEGIC PLAN.—The Secretary shall 

2 develop a strategic plan to carry out paragraph (1) 

3 within 6 months after the date of enactment of the 

4 Air Cargo Security Improvement Act. 

5 ‘‘(3) PILOT PROGRAM.—The Secretary shall 

6 conduct a pilot program of screening of cargo to as7 sess the effectiveness of different screening meas8 ures, including the use of random screening. The 

9 Secretary shall attempt to achieve a distribution of 

10 airport participation in terms of geographic location 

11 and size.’’. 

12 SEC. 503. AIR CARGO SHIPPING. 

13 (a) IN GENERAL.—Subchapter I of chapter 449 of 

14 title 49, United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘§ 44925. Regular inspections of air cargo shipping 

17 facilities 

18 ‘‘The Secretary of Homeland Security shall establish 

19 a system for the regular inspection of shipping facilities 

20 for shipments of cargo transported in air transportation 

21 or intrastate air transportation to ensure that appropriate 

22 security controls, systems, and protocols are observed, and 

23 shall enter into arrangements with the civil aviation au24 thorities, or other appropriate officials, of foreign coun25 tries to ensure that inspections are conducted on a regular 
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1 basis at shipping facilities for cargo transported in air 

2 transportation to the United States.’’. 

3 (b) ADDITIONAL INSPECTORS.—The Secretary may 

4 increase the number of inspectors as necessary to imple5 ment the requirements of title 49, United States Code, 

6 as amended by this subtitle. 

7 (c) CONFORMING AMENDMENT.—The chapter anal8 ysis for chapter 449 of title 49, United States Code, is 

9 amended by adding at the end the following: 

‘‘44925. Regular inspections of air cargo shipping facilities’’. 

10 SEC. 504. CARGO CARRIED ABOARD PASSENGER AIRCRAFT. 

11 (a) IN GENERAL.—Subchapter I of chapter 449 of 

12 title 49, United States Code, is further amended by adding 

13 at the end the following: 

14 ‘‘§ 44926. Air cargo security 

15 ‘‘(a) DATABASE.—The Secretary of Homeland Secu16 rity shall establish an industry-wide pilot program data17 base of known shippers of cargo that is to be transported 

18 in passenger aircraft operated by an air carrier or foreign 

19 air carrier in air transportation or intrastate air transpor20 tation. The Secretary shall use the results of the pilot pro21 gram to improve the known shipper program. 

22 ‘‘(b) INDIRECT AIR CARRIERS.— 

23 ‘‘(1) RANDOM INSPECTIONS.—The Secretary 

24 shall conduct random audits, investigations, and in25 spections of indirect air carrier facilities to deter-
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1 mine if the indirect air carriers are meeting the se2 curity requirements of this title. 

3 ‘‘(2) ENSURING COMPLIANCE.—The Secretary 

4 may take such actions as may be appropriate to pro5 mote and ensure compliance with the security stand6 ards established under this title. 

7 ‘‘(3) NOTICE OF FAILURES.—The Secretary 

8 shall notify the Secretary of Transportation of any 

9 indirect air carrier that fails to meet security stand10 ards established under this title. 

11 ‘‘(4) WITHDRAWAL OF SECURITY PROGRAM AP12 PROVAL.—The Secretary may issue an order amend13 ing, modifying, suspending, or revoking approval of 

14 a security program of an indirect air carrier that 

15 fails to meet security requirements imposed by the 

16 Secretary if such failure threatens the security of air 

17 transportation or commerce. The affected indirect 

18 air carrier shall be given notice and the opportunity 

19 to correct its noncompliance unless the Secretary de20 termines that an emergency exists. Any indirect air 

21 carrier that has the approval of its security program 

22 amended, modified, suspended, or revoked under this 

23 section may appeal the action in accordance with 

24 procedures established by the Secretary under this 

25 title. 
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1 ‘‘(5) INDIRECT AIR CARRIER.—In this sub2 section, the term ‘indirect air carrier’ has the mean3 ing given that term in part 1548 of title 49, Code 

4 of Federal Regulations. 

5 ‘‘(c) CONSIDERATION OF COMMUNITY NEEDS.—In 

6 implementing air cargo security requirements under this 

7 title, the Secretary may take into consideration the ex8 traordinary air transportation needs of small or isolated 

9 communities and unique operational characteristics of car10 riers that serve those communities.’’. 

11 (b) ASSESSMENT OF INDIRECT AIR CARRIER PRO12 GRAM.—The Secretary of Homeland Security shall assess 

13 the security aspects of the indirect air carrier program 

14 under part 1548 of title 49, Code of Federal Regulations, 

15 and report the result of the assessment, together with any 

16 recommendations for necessary modifications of the pro17 gram to the Senate Committee on Commerce, Science, and 

18 Transportation and the House of Representatives Com19 mittee on Transportation and Infrastructure within 60 

20 days after the date of enactment of this Act. The Sec21 retary may submit the report and recommendations in 

22 classified form. 

23 (c) REPORT TO CONGRESS ON RANDOM AUDITS.— 

24 The Secretary of Homeland Security shall report to the 

25 Senate Committee on Commerce, Science, and Transpor-
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1 tation and the House of Representatives Committee on 

2 Transportation and Infrastructure on random screening, 

3 audits, and investigations of air cargo security programs 

4 based on threat assessments and other relevant informa5 tion. The report may be submitted in classified form. 

6 (d) CONFORMING AMENDMENT.—The chapter anal7 ysis for chapter 449 of title 49, United States Code, as 

8 amended by section 3, is amended by adding at the end 

9 the following: 

‘‘44926. Air cargo security’’. 

10 SEC. 505. TRAINING PROGRAM FOR CARGO HANDLERS. 

11 The Secretary of Homeland Security shall establish 

12 a training program for any persons that handle air cargo 

13 to ensure that the cargo is properly handled and safe14 guarded from security breaches. 

15 SEC. 506. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT. 

16 (a) IN GENERAL.—The Secretary of Homeland Secu17 rity shall establish a program requiring that air carriers 

18 operating all-cargo aircraft have an approved plan for the 

19 security of their air operations area, the cargo placed 

20 aboard such aircraft, and persons having access to their 

21 aircraft on the ground or in flight. 

22 (b) PLAN REQUIREMENTS.—The plan shall include 

23 provisions for— 
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1 (1) security of each carrier’s air operations 

2 areas and cargo acceptance areas at the airports 

3 served; 

4 (2) background security checks for all employ5 ees with access to the air operations area; 

6 (3) appropriate training for all employees and 

7 contractors with security responsibilities; 

8 (4) appropriate screening of all flight crews and 

9 persons transported aboard all-cargo aircraft; 

10 (5) security procedures for cargo placed on all11 cargo aircraft as provided in section 44901(f)(1)(B) 

12 of title 49, United States Code; and 

13 (6) additional measures deemed necessary and 

14 appropriate by the Secretary. 

15 (c) CONFIDENTIAL INDUSTRY REVIEW AND COM16 MENT.— 

17 (1) CIRCULATION OF PROPOSED PROGRAM.— 

18 The Secretary shall— 

19 (A) propose a program under subsection 

20 (a) within 90 days after the date of enactment 

21 of this Act; and 

22 (B) distribute the proposed program, on a 

23 confidential basis, to those air carriers and 

24 other employers to which the program will 

25 apply. 
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1 (2) COMMENT PERIOD.—Any person to which 

2 the proposed program is distributed under para3 graph (1) may provide comments on the proposed 

4 program to the Secretary not more than 60 days 

5 after it was received. 

6 (3) FINAL PROGRAM.—The Secretary of Home7 land Security shall issue a final program under sub8 section (a) not later than 90 days after the last date 

9 on which comments may be provided under para10 graph (2). The final program shall contain time 

11 frames for the plans to be implemented by each air 

12 carrier or employer to which it applies. 

13 (4) SUSPENSION OF PROCEDURAL NORMS.— 

14 Neither chapter 5 of title 5, United States Code, nor 

15 the Federal Advisory Committee Act (5 U.S.C. 

16 App.) shall apply to the program required by this 

17 section. 

18 SEC. 507. PASSENGER IDENTIFICATION VERIFICATION. 

19 (a) PROGRAM REQUIRED.—The Secretary of Home20 land Security may establish and carry out a program to 

21 require the installation and use at airports in the United 

22 States of the identification verification technologies the 

23 Secretary considers appropriate to assist in the screening 

24 of passengers boarding aircraft at such airports. 
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1 (b) TECHNOLOGIES EMPLOYED.—The identification 

2 verification technologies required as part of the program 

3 under subsection (a) may include identification scanners, 

4 biometrics, retinal, iris, or facial scanners, or any other 

5 technologies that the Secretary considers appropriate for 

6 purposes of the program. 

7 (c) COMMENCEMENT.—If the Secretary determines 

8 that the implementation of such a program is appropriate, 

9 the installation and use of identification verification tech10 nologies under the program shall commence as soon as 

11 practicable after the date of that determination. 

12 TITLE VI—AVIATION SECURITY 

13 SEC. 601. IMPROVED PILOT LICENSES. 

14 (a) IN GENERAL.—Within 90 days after the date of 

15 enactment of this Act, the Federal Aviation Administrator 

16 may develop a system for the issuance of any pilot’s license 

17 issued more than 180 days after the date of enactment 

18 of this Act that— 

19 (1) are resistant to tampering, alteration, and 

20 counterfeiting; 

21 (2) include a photograph of the individual to 

22 whom the license is issued; and 

23 (3) are capable of accommodating a digital pho24 tograph, a biometric measure, or other unique iden25 tifier that provides a means of— 
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1 (A) ensuring its validity; and 

2 (B) revealing whether any component or 

3 security feature of the license has been com4 promised. 

5 (b) USE OF DESIGNEES.—The Administrator of the 

6 Federal Aviation Administration may use designees to 

7 carry out subsection (a) to the extent feasible in order to 

8 minimize the burden of such requirements on pilots. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Administrator for 

11 fiscal year 2005, $50,000,000 to carry out subsection (a). 

12 SEC. 602. AIRCRAFT CHARTER CUSTOMER PRESCREENING. 

13 (a) IN GENERAL.—Within 1 year after the date of 

14 enactment of this Act, or as soon as practicable thereafter, 

15 the Secretary of Homeland Security shall establish a proc16 ess by which operators of charter aircraft with a maximum 

17 takeoff weight of greater than 12,500 pounds may— 

18 (1) request the Transportation Security Admin19 istration to compare information about any indi20 vidual seeking to charter an aircraft, and any pas21 sengers proposed to be transported aboard the air22 craft, with a comprehensive, consolidated database 

23 or watchlist containing information about known or 

24 suspected terrorists and their associates; and 
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1 (2) refuse to charter an aircraft to or transport 

2 aboard such aircraft any persons identified on such 

3 database or watchlist. 

4 (b) PRIVACY SAFEGUARDS.—The Secretary shall 

5 take appropriate measures to ensure that— 

6 (1) the Transportation Security Administration 

7 does not disclose information to any person engaged 

8 in the business of chartering aircraft other than 

9 whether an individual compared against government 

10 watchlists constitutes a flight security or terrorism 

11 risk; and 

12 (2) an individual denied access to an aircraft is 

13 given an opportunity to consult the Transportation 

14 Security Administration for the purpose of cor15 recting mis-identification errors, resolve confusion 

16 resulting from names that are the same as or similar 

17 to names on available government watchlists, and 

18 address other information that is alleged to be erro19 neous, that may have resulted in the denial. 

20 (c) TRANSFER.—The Secretary shall assess proce21 dures to transfer responsibility for conducting reviews of 

22 any appropriate government watchlists under this section 

23 from persons engaged in the business of chartering air 

24 carriers to the public to the Secretary. 
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1 (d) AUTHORITY OF THE SECRETARY.—Nothing in 

2 this section precludes the Secretary from requiring opera3 tors of charter aircraft to comply with security procedures, 

4 including those established under subsection (a), if the 

5 Secretary determines that such a requirement is necessary 

6 based on threat conditions. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary such 

9 sums as may be necessary to carry out the provisions of 

10 this section. 

11 SEC. 603. AIRCRAFT RENTAL CUSTOMER PRESCREENING. 

12 (a) IN GENERAL.—Within 1 year after the date of 

13 enactment of this Act, or as soon as practicable thereafter, 

14 the Secretary of Homeland Security shall establish a proc15 ess by which operators of rental aircraft with a maximum 

16 takeoff weight of greater than 12,500 pounds may— 

17 (1) request the Transportation Security Admin18 istration to compare information about any indi19 vidual seeking to rent an aircraft, and any pas20 sengers proposed to be transported aboard the air21 craft, with a comprehensive, consolidated database 

22 or watchlist containing information about known or 

23 suspected terrorists and their associates; and 
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1 (2) refuse to rent an aircraft to or transport 

2 aboard such aircraft any persons identified on such 

3 database or watchlist. 

4 (b) PRIVACY SAFEGUARDS.—The Secretary shall 

5 take appropriate measures to ensure that— 

6 (1) the Transportation Security Administration 

7 does not disclose information to any person engaged 

8 in the business of renting aircraft other than wheth9 er an individual compared against government 

10 watchlists constitutes a flight security or terrorism 

11 risk; and 

12 (2) an individual denied access to an aircraft is 

13 given an opportunity to consult the Transportation 

14 Security Administration for the purpose of cor15 recting mis-identification errors, resolve confusion 

16 resulting from names that are the same as or similar 

17 to names on available government watchlists, and 

18 address other information that is alleged to be erro19 neous, that may have resulted in the denial. 

20 (c) TRANSFER.—The Secretary shall assess proce21 dures to transfer responsibility for conducting reviews of 

22 any appropriate government watchlists under this section 

23 from persons engaged in the business of renting aircraft 

24 to the public to the Secretary. 
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1 (d) AUTHORITY OF THE SECRETARY.—Nothing in 

2 this section precludes the Secretary from requiring opera3 tors of rental aircraft to comply with security procedures, 

4 including those established under subsection (a), if the 

5 Secretary determines that such a requirement is necessary 

6 based on threat conditions. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary such 

9 sums as may be necessary to carry out the provisions of 

10 this section. 

11 SEC. 604. REPORT ON RENTAL AND CHARTER CUSTOMER 

12 PRESCREENING PROCEDURES. 

13 (a) IN GENERAL.—Within 12 months after the date 

14 of enactment of this Act, the Secretary of Homeland Secu15 rity shall transmit a report to Congress on the feasibility 

16 of extending the requirements of section —02, section 

17 —03, or both sections to apply to aircraft with a max18 imum certificated takeoff weight of 12,500 pounds or less. 

19 (b) ISSUES ADDRESSED.—The report shall— 

20 (1) examine the technology and communications 

21 systems needed to carry out such procedures; 

22 (2) provide an analysis of the risks posed by 

23 such aircraft; and 
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1 (3) examine the operational impact of proposed 

2 procedures on the commercial viability of that seg3 ment of charter and rental aviation operations. 

4 SEC. 605. AVIATION SECURITY STAFFING. 

5 (a) STAFFING LEVEL STANDARDS.— 

6 (1) DEVELOPMENT OF STANDARDS.—Within 90 

7 days after the date of enactment of this Act, the 

8 Secretary of Homeland Security, in consultation 

9 with the Secretary of Transportation and Federal 

10 Security Directors, shall develop standards for deter11 mining the appropriate aviation security staffing 

12 standards for all commercial airports in the United 

13 States necessary— 

14 (A) to provide necessary levels of aviation 

15 security; and 

16 (B) to ensure that the average aviation se17 curity-related delay experienced by airline pas18 sengers is minimized. 

19 (2) GAO ANALYSIS.—The Comptroller General 

20 shall, as soon as practicable after the date on which 

21 the Secretary of Homeland Security has developed 

22 standards under paragraph (1), conduct an expe23 dited analysis of the standards for effectiveness, ad24 ministrability, ease of compliance, and consistency 

25 with the requirements of existing law. 
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1 (3) REPORT TO CONGRESS.—Within 120 days 

2 after the date of enactment of this Act, the Sec3 retary of Homeland Security and the Comptroller 

4 General shall transmit a report to the Senate Com5 mittee on Commerce, Science, and Transportation 

6 and the House of Representatives Committee on 

7 Transportation and Infrastructure on the standards 

8 developed under paragraph (1), together with rec9 ommendations for further improving the efficiency 

10 and effectiveness of the screening process, including 

11 the use of maximum time delay goals of no more 

12 than 10 minutes on the average. 

13 (b) INTEGRATION OF FEDERAL AIRPORT WORK14 FORCE AND AVIATION SECURITY.—The Secretary of 

15 Homeland Security shall conduct a study of the feasibility 

16 of combining operations of Federal employees involved in 

17 screening at commercial airports and aviation security re18 lated functions under the aegis of the Department of 

19 Homeland Security in order to coordinate security-related 

20 activities, increase the efficiency and effectiveness of those 

21 activities, and increase commercial air transportation se22 curity. 

23 SEC. 606. IMPROVED AIR CARGO AND AIRPORT SECURITY. 

24 (a) IN GENERAL.—There are authorized to be appro25 priated to the Secretary of Homeland Security for the use 
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1 of the Transportation Security Administration, in addition 

2 to any amounts otherwise authorized by law, for the pur3 pose of improving aviation security related to the transpor4 tation of cargo on both passenger aircraft and all-cargo 

5 aircraft— 

6 (1) $200,000,000 for fiscal year 2005; 

7 (2) $200,000,000 for fiscal year 2006; and 

8 (3) $200,000,000 for fiscal year 2007. 

9 (b) NEXT-GENERATION CARGO SECURITY GRANT

10 PROGRAM.— 

11 (1) IN GENERAL.—The Secretary shall establish 

12 and carry out a grant program to facilitate the de13 velopment, testing, purchase, and deployment of 

14 next-generation air cargo security technology. The 

15 Secretary shall establish such eligibility criteria, es16 tablish such application and administrative proce17 dures, and provide for such matching funding re18 quirements, if any, as may be necessary and appro19 priate to ensure that the technology is deployed as 

20 fully and as rapidly as practicable. 

21 (2) RESEARCH AND DEVELOPMENT; DEPLOY22 MENT.—To carry out paragraph (1), there are au23 thorized to be appropriated to the Secretary for re24 search and development related to next-generation 

25 air cargo security technology as well as for deploy-
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1 ment and installation of next-generation air cargo 

2 security technology, such sums are to remain avail3 able until expended— 

4 (A) $100,000,000 for fiscal year 2005; 

5 (B) $100,000,000 for fiscal year 2006; and 

6 (C) $100,000,000 for fiscal year 2007. 

7 (c) AUTHORIZATION FOR EXPIRING AND NEW

8 LOIS.— 

9 (1) IN GENERAL.—There are authorized to be 

10 appropriated to the Secretary $150,000,000 for each 

11 of fiscal years 2005 through 2007 to fund projects 

12 and activities for which letters of intent are issued 

13 under section 44923 of title 49, United States Code, 

14 after the date of enactment of this Act. 

15 (2) PERIOD OF REIMBURSEMENT.—Notwith16 standing any other provision of law, the Secretary 

17 may provide that the period of reimbursement under 

18 any letter of intent may extend for a period not to 

19 exceed 10 years after the date that the Secretary 

20 issues such letter, subject to the availability of ap21 propriations. This paragraph applies to letters of in22 tent issued under section 44923 of title 49, United 

23 States Code, or section 367 of the Department of 

24 Transportation and Related Agencies Appropriation 

25 Act, 2003 (49 U.S.C. 47110 note). 
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1 (d) REPORTS.—The Secretary shall transmit an an2 nual report for fiscal year 2005, fiscal year 2006, and fis3 cal year 2007 to the Senate Committee on Commerce, 

4 Science, and Transportation and the House of Represent5 atives Committee on Transportation and Infrastructure 

6 on— 

7 (1) the progress being made toward, and the 

8 status of, deployment and installation of next-gen9 eration air cargo security technology under sub10 section (b); and 

11 (2) the amount and purpose of grants under 

12 subsection (b) and the locations of projects funded 

13 by such grants. 

14 SEC. 607. AIR CARGO SECURITY MEASURES. 

15 (a) ENHANCEMENT OF AIR CARGO SECURITY.—The 

16 Secretary of Homeland Security, in consultation with the 

17 Secretary of Transportation, shall develop and implement 

18 a plan to enhance air cargo security at airports for com19 mercial passenger and cargo aircraft that incorporates the 

20 recommendations made by the Cargo Security Working 

21 Group of the Aviation Security Advisory Committee. 

22 (b) SUPPLY CHAIN SECURITY.—The Administrator 

23 of the Transportation Security Administration shall— 

24 (1) promulgate regulations requiring the evalua25 tion of indirect air carriers and ground handling 
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1 agents, including background checks and checks 

2 against all Administration watch lists; and 

3 (2) evaluate the potential efficacy of increased 

4 use of canine detection teams to inspect air cargo on 

5 passenger and all-cargo aircraft, including targeted 

6 inspections of high risk items. 

7 (c) INCREASED CARGO INSPECTIONS.—Within 1 year 

8 after the date of enactment of this Act, the Secretary of 

9 Homeland Security shall require that the percentage of 

10 cargo screened or inspected is at least two-fold the per11 centage that is screened or inspected as of September 30, 

12 2004. 

13 (c) ALL-CARGO AIRCRAFT SECURITY.—Subchapter I 

14 of chapter 449, United States Code, is amended by adding 

15 at the end the following: 

16 ‘‘§ 44925. All-cargo aircraft security 

17 ‘‘(a) ACCESS TO FLIGHT DECK.—Within 180 days 

18 after the date of enactment of this Act, the Administrator 

19 of the Transportation Security Administration, in coordi20 nation with the Federal Aviation Administrator, shall— 

21 ‘‘(1) issue an order (without regard to the pro22 visions of chapter 5 of title 5)— 

23 ‘‘(A) requiring, to the extent consistent 

24 with engineering and safety standards, that all25 cargo aircraft operators engaged in air trans-
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1 portation or intrastate air transportation main2 tain a barrier, which may include the use of a 

3 hardened cockpit door, between the aircraft 

4 flight deck and the aircraft cargo compartment 

5 sufficient to prevent unauthorized access to the 

6 flight deck from the cargo compartment, in ac7 cordance with the terms of a plan presented to 

8 and accepted by the Administrator of the 

9 Transportation Security Administration in con10 sultation with the Federal Aviation Adminis11 trator; and 

12 ‘‘(B) prohibiting the possession of a key to 

13 a flight deck door by any member of the flight 

14 crew who is not assigned to the flight deck; and 

15 ‘‘(2) take such other action, including modifica16 tion of safety and security procedures and flight 

17 deck redesign, as may be necessary to ensure the 

18 safety and security of the flight deck. 

19 ‘‘(b) SCREENING AND OTHER MEASURES.—Within 1 

20 year after the date of enactment of this Act, the Adminis21 trator of the Transportation Security Administration, in 

22 coordination with the Federal Aviation Administrator, 

23 shall issue an order (without regard to the provisions of 

24 chapter 5 of title 5) requiring— 
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1 ‘‘(1) all-cargo aircraft operators engaged in air 

2 transportation or intrastate air transportation to 

3 physically screen each person, and that person’s bag4 gage and personal effects, to be transported on an 

5 all-cargo aircraft engaged in air transportation or 

6 intrastate air transportation; 

7 ‘‘(2) each such aircraft to be physically 

8 searched before the first leg of the first flight of the 

9 aircraft each day, or, for inbound international oper10 ations, at aircraft operator’s option prior to the de11 parture of any such flight for a point in the United 

12 States; and 

13 ‘‘(3) each such aircraft that is unattended over14 night to be secured or sealed or to have access 

15 stairs, if any, removed from the aircraft. 

16 ‘‘(c) ALTERNATIVE MEASURES.—The Administrator 

17 of the Transportation Security Administration, in coordi18 nation with the Federal Aviation Administrator, may au19 thorize alternative means of compliance with any require20 ment imposed under this section.’’. 

21 (d) CONFORMING AMENDMENT.—The subchapter 

22 analysis for subchapter I of chapter 449, United States 

23 Code, is amended by adding at the end the following: 

‘‘44925. All-cargo aircraft security.’’. 
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1 SEC. 608. EXPLOSIVE DETECTION SYSTEMS. 

2 (a) IN-LINE PLACEMENT OF EXPLOSIVE-DETECTION

3 EQUIPMENT.—Within 180 days after the date of enact4 ment of this Act, the Secretary of Homeland Security shall 

5 establish a schedule for replacing trace-detection equip6 ment used for in-line baggage screening purposes as soon 

7 as practicable where appropriate with explosive detection 

8 system equipment. The Secretary shall notify the Senate 

9 Committee on Commerce, Science, and Transportation 

10 and the House of Representatives Committee on Trans11 portation and Infrastructure of the schedule and provide 

12 an estimate of the impact of replacing such equipment, 

13 facility modification and baggage conveyor placement, on 

14 aviation security-related staffing needs and levels. 

15 (b) NEXT GENERATION EDS.—There are authorized 

16 to be appropriated to the Secretary of Homeland Security 

17 for the use of the Transportation Security Administration 

18 $100,000,000, in addition to any amounts otherwise au19 thorized by law, for the purpose of research and develop20 ment of next generation explosive detection systems for 

21 aviation security under section 44913 of title 49, United 

22 States Code. The Secretary shall develop a plan and guide23 lines for implementing improved explosive detection sys24 tem equipment. 

25 (c) PORTAL DETECTION SYSTEMS.—There are au26 thorized to be appropriated to the Secretary of Homeland 
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1 Security for the use of the Transportation Security Ad2 ministration $250,000,000, in addition to any amounts 

3 otherwise authorized by law, for research and development 

4 and installation of portal detection systems or similar de5 vices for the detection of biological, radiological, and explo6 sive materials. The Secretary of Homeland Security shall 

7 establish a pilot program at not more than 10 commercial 

8 service airports to evaluate the use of such systems. 

9 (d) REPORTS.—The Secretary shall transmit an an10 nual report to the Senate Committee on Commerce, 

11 Science, and Transportation and the House of Represent12 atives Committee on Transportation and Infrastructure on 

13 research and development projects funded under sub14 section (b) or (c), and the pilot program established under 

15 subsection (c), including cost estimates for each phase of 

16 such projects and total project costs. 

17 SEC. 609. AIR MARSHAL PROGRAM. 

18 (a) CROSS-TRAINING.—The Secretary of Homeland 

19 Security shall transmit to the Senate Committee on Com20 merce, Science, and Transportation and the House of Rep21 resentatives Committee on Transportation and Infrastruc22 ture a report on the potential for cross-training of individ23 uals who serve as air marshals and on the need for pro24 viding contingency funding for air marshal operations. 
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1 (b) AUTHORIZATION OF ADDITIONAL APPROPRIA2 TIONS.—There are authorized to be appropriated to the 

3 Secretary of Homeland Security for the use of Inspections 

4 and Customs Enforcement, in addition to any amounts 

5 otherwise authorized by law, for the deployment of Federal 

6 Air Marshals under section 44917 of title 49, United 

7 States Code, $83,000,000 for the 3 fiscal year period be8 ginning with fiscal year 2005, such sums to remain avail9 able until expended. 

10 SEC. 610. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY. 

11 Within 90 days after the date of enactment of this 

12 Act, the Secretary of Homeland Security, in consultation 

13 with the Secretary of Transportation, shall transmit to the 

14 Senate Committee on Commerce, Science, and Transpor15 tation and the House of Representatives Committee on 

16 Transportation and Infrastructure a report on the present 

17 system for addressing lost, stolen, damaged, or pilfered 

18 baggage claims relating to air transportation security 

19 screening procedures. The report shall include— 

20 (1) information concerning the time it takes to 

21 settle such claims under the present system; 

22 (2) a comparison and analysis of the number, 

23 frequency, and nature of such claims before and 

24 after enactment of the Aviation and Transportation 
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1 Security Act using data provided by the major 

2 United States airlines; and 

3 (3) recommendations on how to improve the in4 volvement and participation of the airlines in the 

5 baggage screening and handling processes and better 

6 coordinate the activities of Federal baggage screen7 ers with airline operations. 

8 SEC. 611. REPORT ON IMPLEMENTATION OF GAO HOME9 LAND SECURITY INFORMATION SHARING 

10 RECOMMENDATIONS. 

11 Within 30 days after the date of enactment of this 

12 Act, the Secretary of Homeland Security, after consulta13 tion with the heads of Federal departments and agencies 

14 concerned, shall transmit to the Senate Committee on 

15 Commerce, Science, and Transportation and the House of 

16 Representatives Committee on Transportation and Infra17 structure a report on implementation of recommendations 

18 contained in the General Accounting Office’s report titled 

19 ‘‘Homeland Security: Efforts To Improve Information 

20 Sharing Need To Be Strengthened’’ (GAO–03–760), Au21 gust, 2003. 

22 SEC. 612. AVIATION SECURITY RESEARCH AND DEVELOP23 MENT. 

24 (a) BIOMETRICS.—There are authorized to be appro25 priated to the Secretary of Homeland Security for the use 
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1 of the Transportation Security Administration 

2 $20,000,000, in addition to any amounts otherwise au3 thorized by law, for research and development of biometric 

4 technology applications to aviation security. 

5 (b) BIOMETRICS CENTERS OF EXCELLENCE.—There 

6 are authorized to be appropriated to the Secretary of 

7 Homeland Security for the use of the Transportation Se8 curity Administration $1,000,000, in addition to any 

9 amounts otherwise authorized by law, for the establish10 ment of competitive centers of excellence at the national 

11 laboratories. 

12 SEC. 613. PERIMETER ACCESS TECHNOLOGY. 

13 There are authorized to be appropriated to the Sec14 retary of Homeland Security $100,000,000 for airport pe15 rimeter security technology, fencing, security contracts, 

16 vehicle tagging, and other perimeter security related oper17 ations, facilities, and equipment, such sums to remain 

18 available until expended. 

19 SEC. 614. BEREAVEMENT FARES. 

20 (a) IN GENERAL.—Chapter 415 of title 49, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘§ 41512. Bereavement fares. 

24 ‘‘Air carriers shall offer, with appropriate documenta25 tion, bereavement fares to the public for air transportation 
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1 in connection with the death of a relative or other relation2 ship (as determined by the air carrier) and shall make 

3 such fares available, to the greatest extent practicable, at 

4 the lowest fare offered by the air carrier for the flight for 

5 which the bereavement fare is requested.’’. 

6 (b) CONFORMING AMENDMENT.—The chapter anal7 ysis for chapter 415 is amended by inserting after the item 

8 relating to section 41511 the following: 

‘‘41512. Bereavement fares’’. 

9 SEC. 615. REVIEW AND REVISION OF PROHIBITED ITEMS 

10 LIST. 

11 Not later than 60 days after the date of enactment 

12 of this Act, the Transportation Security Administration 

13 shall complete a review of its Prohibited Items List, set 

14 forth in 49 C.F.R. 1540, and release a revised list that— 

15 (1) prohibits passengers from carrying butane 

16 lighters onboard passenger aircraft; and 

17 (2) modifies the Prohibited Items List in such 

18 other ways as the agency may deem appropriate. 

19 SEC. 616. REPORT ON PROTECTING COMMERCIAL AIR20 CRAFT FROM THE THREAT OF MAN-PORT21 ABLE AIR DEFENSE SYSTEMS. 

22 (a) REQUIREMENT.—The Secretary of Homeland Se23 curity, in coordination with the head of the Transportation 

24 Security Administration and the Under Secretary for 

25 Science and Technology, shall prepare a report on pro-
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1 tecting commercial aircraft from the threat of man-port2 able air defense systems (referred to in this section as 

3 ‘‘MANPADS’’). 

4 (b) CONTENT.—The report required by subsection 

5 (a) shall include the following: 

6 (1) An estimate of the number of organizations, 

7 including terrorist organizations, that have access to 

8 MANPADS and a description of the risk posed by 

9 each organization. 

10 (2) A description of the programs carried out 

11 by the Secretary of Homeland Security to protect 

12 commercial aircraft from the threat posed by 

13 MANPADS. 

14 (3) An assessment of the effectiveness and fea15 sibility of the systems to protect commercial aircraft 

16 under consideration by the Under Secretary for 

17 Science and Technology for use in phase II of the 

18 counter-MANPADS development and demonstration 

19 program. 

20 (4) A justification for the schedule of the imple21 mentation of phase II of the counter-MANPADS de22 velopment and demonstration program. 

23 (5) An assessment of the effectiveness of other 

24 technology that could be employed on commercial 
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1 aircraft to address the threat posed by MANPADS, 

2 including such technology that is— 

3 (A) either active or passive; 

4 (B) employed by the Armed Forces; or 

5 (C) being assessed or employed by other 

6 countries. 

7 (6) An assessment of alternate technological ap8 proaches to address such threat, including ground9 based systems. 

10 (7) A discussion of issues related to any con11 tractor liability associated with the installation or 

12 use of technology or systems on commercial aircraft 

13 to address such threat. 

14 (8) A description of the strategies that the Sec15 retary may employ to acquire any technology or sys16 tems selected for use on commercial aircraft at the 

17 conclusion of phase II of the counter-MANPADS de18 velopment and demonstration program, including— 

19 (A) a schedule for purchasing and install20 ing such technology or systems on commercial 

21 aircraft; and 

22 (B) a description of— 

23 (i) the priority in which commercial 

24 aircraft will be equipped with such tech25 nology or systems; 
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1 (ii) any efforts to coordinate the 

2 schedules for installing such technology or 

3 system with private airlines; 

4 (iii) any efforts to ensure that aircraft 

5 manufacturers integrate such technology or 

6 systems into new aircraft; and 

7 (iv) the cost to operate and support 

8 such technology or systems on a commer9 cial aircraft. 

10 (9) A description of the plan to expedite the use 

11 of technology or systems on commercial aircraft to 

12 address the threat posed by MANPADS if intel13 ligence or events indicate that the schedule for the 

14 use of such technology or systems, including the 

15 schedule for carrying out development and dem16 onstration programs by the Secretary, should be ex17 pedited. 

18 (10) A description of the efforts of the Sec19 retary to survey and identify the areas at domestic 

20 and foreign airports where commercial aircraft are 

21 most vulnerable to attack by MANPADS. 

22 (11) A description of the cooperation between 

23 the Secretary and the Administrator of the Federal 

24 Aviation Administration to certify the airworthiness 

25 and safety of technology and systems to protect 
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1 commercial aircraft from the risk posed by 

2 MANPADS in an expeditious manner. 

3 (c) TRANSMISSION TO CONGRESS.—The report re4 quired by subsection (a) shall be transmitted to Congress 

5 along with the budget for fiscal year 2006 submitted by 

6 the President pursuant to section 1105(a) of title 31, 

7 United States Code. 

8 SEC. 617. SCREENING DEVICES TO DETECT CHEMICAL AND 

9 PLASTIC EXPLOSIVES. 

10 Not later than 90 days after the date of enactment 

11 of this Act, the Secretary of Homeland Security shall pro12 vide to the Senate Committee on Commerce, Science, and 

13 Transportation a report on the current status of efforts, 

14 and the additional needs, regarding passenger and carry15 on baggage screening equipment at United States airports 

16 to detect explosives, including in chemical and plastic 

17 forms. The report shall include the cost of and timetable 

18 for installing such equipment and any recommended legis19 lative actions. 

20 SEC. 618. REPORTS ON THE FEDERAL AIR MARSHALS PRO21 GRAM. 

22 Not later than 90 days after the date of enactment 

23 of this Act, and every 90 days thereafter, the Secretary 

24 of Homeland Security shall provide to the Senate Com25 mittee on Commerce, Science, and Transportation a clas-
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1 sified report on the number of individuals serving only as 

2 sworn Federal air marshals. Such report shall include the 

3 number of Federal air marshals who are women, minori4 ties, or employees of departments or agencies of the 

5 United States Government other than the Department of 

6 Homeland Security, the percentage of domestic and inter7 national flights that have a Federal air marshal aboard, 

8 and the rate at which individuals are leaving service as 

9 Federal air marshals. 

10 SEC. 619. SECURITY OF AIR MARSHAL IDENTITY. 

11 (a) IN GENERAL.—The Secretary of the Department 

12 of Homeland Security shall designate individuals and par13 ties to whom Federal air marshals shall be required to 

14 identify themselves. 

15 (b) PROHIBITION.—Notwithstanding any other provi16 sion of law, no procedure, guideline, rule, regulation, or 

17 other policy shall expose the identity of an air marshal 

18 to anyone other than those designated by the Secretary 

19 under subsection (a). 

20 SEC. 620. SECURITY MONITORING CAMERAS FOR AIRPORT 

21 BAGGAGE HANDLING AREAS. 

22 (a) IN GENERAL.—The Under Secretary of Home23 land Security for Border Transportation and Security 

24 shall provide assistance, subject to the availability of 

25 funds, to public airports that have baggage handling areas 
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1 that are not open to public view in the acquisition and 

2 installation of security monitoring cameras for surveillance 

3 of such areas in order to deter theft from checked baggage 

4 and to aid in the speedy resolution of liability claims 

5 against the Transportation Security Administration. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary of 

8 Homeland Security for fiscal year 2005 such sums as may 

9 be necessary to carry out this section, such sums to remain 

10 available until expended. 

11 SEC. 621. EFFECTIVE DATE. 

12 Notwithstanding any other provision of this act, this 

13 title takes effect on the date of enactment of this Act. 

14 TITLE VII—OTHER MATTERS 

15 SEC. 701. RESPONSIBILITIES AND FUNCTIONS OF CON16 SULAR OFFICERS. 

17 (a) INCREASED NUMBER OF CONSULAR OFFICERS.— 

18 The Secretary of State, in each of fiscal years 2006 

19 through 2009, may increase by 150 the number of posi20 tions for consular officers above the number of such posi21 tions for which funds were allotted for the preceding fiscal 

22 year. 

23 (b) LIMITATION ON USE OF FOREIGN NATIONALS

24 FOR VISA SCREENING.— 
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1 (1) IMMIGRANT VISAS.—Subsection (b) of sec2 tion 222 of the Immigration and Nationality Act (8 

3 U.S.C. 1202) is amended by adding at the end the 

4 following: ‘‘All immigrant visa applications shall be 

5 reviewed and adjudicated by a consular officer.’’. 

6 (2) NONIMMIGRANT VISAS.—Subsection (d) of 

7 such section is amended by adding at the end the 

8 following: ‘‘All nonimmigrant visa applications shall 

9 be reviewed and adjudicated by a consular officer.’’. 

10 (c) TRAINING FOR CONSULAR OFFICERS IN DETEC11 TION OF FRAUDULENT DOCUMENTS.—Section 305(a) of 

12 the Enhanced Border Security and Visa Entry Reform Act 

13 of 2002 (8 U.S.C. 1734(a)) is amended by adding at the 

14 end the following: ‘‘As part of the consular training pro15 vided to such officers by the Secretary of State, such offi16 cers shall also receive training in detecting fraudulent doc17 uments and general document forensics and shall be re18 quired as part of such training to work with immigration 

19 officers conducting inspections of applicants for admission 

20 into the United States at ports of entry.’’. 

21 (d) ASSIGNMENT OF ANTI-FRAUD SPECIALISTS.— 

22 (1) SURVEY REGARDING DOCUMENT FRAUD.— 

23 The Secretary of State, in coordination with the Sec24 retary of Homeland Security, shall conduct a survey 

25 of each diplomatic and consular post at which visas 
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1 are issued to assess the extent to which fraudulent 

2 documents are presented by visa applicants to con3 sular officers at such posts. 

4 (2) REQUIREMENT FOR SPECIALIST.— 

5 (A) IN GENERAL.—Not later than July 31, 

6 2005, the Secretary of State shall, in coordina7 tion with the Secretary of Homeland Security, 

8 identify the diplomatic and consular posts at 

9 which visas are issued that experience the 

10 greatest frequency of presentation of fraudulent 

11 documents by visa applicants. The Secretary of 

12 State shall assign or designate at each such 

13 post at least one full-time anti-fraud specialist 

14 employed by the Department of State to assist 

15 the consular officers at each such post in the 

16 detection of such fraud. 

17 (B) EXCEPTIONS.—The Secretary of State 

18 is not required to assign or designate a spe19 cialist as described in subparagraph (A) at a 

20 diplomatic and consular post if an employee of 

21 the Department of Homeland Security is as22 signed on a full-time basis to such post under 

23 the authority in section 428 of the Homeland 

24 Security Act of 2002 (6 U.S.C. 236). 
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1 SEC. 702. INCREASE IN FULL-TIME BORDER PATROL 

2 AGENTS. 

3 In each of fiscal years 2006 through 2010, the Sec4 retary of Homeland Security shall, subject to the avail5 ability of appropriations for such purpose, increase by not 

6 less than 1,000 the number of positions for full-time active 

7 duty border patrol agents within the Department of 

8 Homeland Security above the number of such positions for 

9 which funds were made available during the preceding fis10 cal year. Of the additional border patrol agents, in each 

11 fiscal year not less than 20 percent of such agents shall 

12 be assigned to duty stations along the northern border of 

13 the United States. 

14 SEC. 703. INCREASE IN FULL-TIME IMMIGRATION AND CUS15 TOMS ENFORCEMENT INVESTIGATORS. 

16 In each of fiscal years 2006 through 2010, the Sec17 retary of Homeland Security shall, subject to the avail18 ability of appropriations for such purpose, increase by not 

19 less than 800 the number of positions for full-time active 

20 duty investigators within the Department of Homeland 

21 Security investigating violations of immigration laws (as 

22 defined in section 101(a)(17) of the Immigration and Na23 tionality Act (8 U.S.C. 1101(a)(17)) above the number of 

24 such positions for which funds were made available during 

25 the preceding fiscal year. 
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1 TITLE VIII—VISA 

2 REQUIREMENTS 

3 SEC. 801. IN PERSON INTERVIEWS OF VISA APPLICANTS. 

4 (a) REQUIREMENT FOR INTERVIEWS.—Section 222 

5 of the Immigration and Nationality Act (8 U.S.C. 1202) 

6 is amended by adding at the end the following new sub7 section: 

8 ‘‘(h) Notwithstanding any other provision of this Act, 

9 the Secretary of State shall require every alien applying 

10 for a nonimmigrant visa— 

11 ‘‘(1) who is at least 12 years of age and not 

12 more than 65 years of age to submit to an in person 

13 interview with a consular officer unless the require14 ment for such interview is waived— 

15 ‘‘(A) by a consular official and such alien 

16 is within that class of nonimmigrants enumer17 ated in section 101(a)(15)(A) or 101(a)(15)(G) 

18 or is granted a diplomatic visa on a diplomatic 

19 passport or on the equivalent thereof; 

20 ‘‘(B) by a consular official and such alien 

21 is applying for a visa— 

22 ‘‘(i) not more than 12 months after 

23 the date on which the alien’s prior visa ex24 pired; 
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1 ‘‘(ii) for the classification under sec2 tion 101(a)(15) for which such prior visa 

3 was issued; 

4 ‘‘(iii) from the consular post located 

5 in the country in which the alien is a na6 tional; and 

7 ‘‘(iv) the consular officer has no indi8 cation that the alien has not complied with 

9 the immigration laws and regulations of 

10 the United States; or 

11 ‘‘(C) by the Secretary of State if the Sec12 retary determines that such waiver is— 

13 ‘‘(i) in the national interest of the 

14 United States; or 

15 ‘‘(ii) necessary as a result of unusual 

16 circumstances; and 

17 ‘‘(2) notwithstanding paragraph (1), to submit 

18 to an in person interview with a consular officer if 

19 such alien— 

20 ‘‘(A) is not a national of the country in 

21 which the alien is applying for a visa; 

22 ‘‘(B) was previously refused a visa, unless 

23 such refusal was overcome or a waiver of ineli24 gibility has been obtained; 
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1 ‘‘(C) is listed in the Consular Lookout and 

2 Support System (or successor system at the De3 partment of State); 

4 ‘‘(D) may not obtain a visa until a security 

5 advisory opinion or other Department of State 

6 clearance is issued unless such alien is— 

7 ‘‘(i) within that class of non8 immigrants enumerated in section 

9 101(a)(15)(A) or 101(a)(15)(G); and 

10 ‘‘(ii) not a national of a country that 

11 is officially designated by the Secretary of 

12 State as a state sponsor of terrorism; or 

13 ‘‘(E) is identified as a member of a group 

14 or sector that the Secretary of State deter15 mines— 

16 ‘‘(i) poses a substantial risk of sub17 mitting inaccurate information in order to 

18 obtain a visa; 

19 ‘‘(ii) has historically had visa applica20 tions denied at a rate that is higher than 

21 the average rate of such denials; or 

22 ‘‘(iii) poses a security threat to the 

23 United States.’’. 
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1 SEC. 802. VISA APPLICATION REQUIREMENTS. 

2 Section 222(c) of the Immigration and Nationality 

3 Act (8 U.S.C. 1202(c)) is amended by inserting ‘‘The alien 

4 shall provide complete and accurate information in re5 sponse to any request for information contained in the ap6 plication.’’ after the second sentence. 

7 SEC. 803. EFFECTIVE DATE. 

8 Notwithstanding section 341 or any other provision 

9 of this Act, this title shall take effect 90 days after date 

10 of the enactment of this Act. 

11 TITLE IX—ADVANCED TECH12 NOLOGY NORTHERN BORDER 

13 SECURITY PILOT PROGRAM 

14 SEC. 901. ESTABLISHMENT. 

15 The Secretary of Homeland Security may carry out 

16 a pilot program to test various advanced technologies that 

17 will improve border security between ports of entry along 

18 the northern border of the United States. 

19 SEC. 902. PROGRAM REQUIREMENTS. 

20 (a) REQUIRED FEATURES.—The Secretary of Home21 land Security shall design the pilot program under this 

22 title to have the following features: 

23 (1) Use of advanced technological systems, in24 cluding sensors, video, and unmanned aerial vehicles, 

25 for border surveillance. 
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1 (2) Use of advanced computing and decision in2 tegration software for— 

3 (A) evaluation of data indicating border in4 cursions; 

5 (B) assessment of threat potential; and 

6 (C) rapid real-time communication, moni7 toring, intelligence gathering, deployment, and 

8 response. 

9 (3) Testing of advanced technology systems and 

10 software to determine best and most cost-effective 

11 uses of advanced technology to improve border secu12 rity. 

13 (4) Operation of the program in remote 

14 stretches of border lands with long distances be15 tween 24-hour ports of entry with a relatively small 

16 presence of United States border patrol officers. 

17 (5) Capability to expand the program upon a 

18 determination by the Secretary that expansion would 

19 be an appropriate and cost-effective means of im20 proving border security. 

21 (b) COORDINATION WITH OTHER AGENCIES.—The 

22 Secretary of Homeland Security shall ensure that the op23 eration of the pilot program under this title— 
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1 (1) is coordinated among United States, State 

2 and local, and Canadian law enforcement and border 

3 security agencies; and 

4 (2) includes ongoing communication among 

5 such agencies. 

6 SEC. 903. ADMINISTRATIVE PROVISIONS. 

7 (a) PROCUREMENT OF ADVANCED TECHNOLOGY.— 

8 The Secretary of Homeland Security may enter into con9 tracts for the procurement or use of such advanced tech10 nologies as the Secretary determines appropriate for the 

11 pilot program under this title. 

12 (b) PROGRAM PARTNERSHIPS.—In carrying out the 

13 pilot program, the Secretary of Homeland Security may 

14 provide for the establishment of cooperative arrangements 

15 for participation in the pilot program by such participants 

16 as law enforcement and border security agencies referred 

17 to in section 402(b), institutions of higher education, and 

18 private sector entities. 

19 SEC. 904. REPORT. 

20 (a) REQUIREMENT FOR REPORT.—Not later than 

21 one year after the date of the enactment of this Act, the 

22 Secretary of Homeland Security shall submit to Congress 

23 a report on the pilot program under this title. 

24 (b) CONTENT.—The report under subsection (a) shall 

25 include the following matters: 
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1 (1) A discussion of the implementation of the 

2 pilot program, including the experience under the 

3 pilot program. 

4 (2) A recommendation regarding whether to ex5 pand the pilot program along the entire northern 

6 border of the United States and a timeline for the 

7 implementation of the expansion. 

8 SEC. 905. AUTHORIZATION OF APPROPRIATIONS. 

9 There is authorized to be appropriated such sums as 

10 may be necessary to carry out the pilot program under 

11 this title. 

12 TITLE X—911 COMMISSION 

13 IMPLEMENTATION ACT OF 2004 

14 Subtitle A—The Role of Diplomacy, 

15 Foreign Aid, and the Military in 

16 the War on Terrorism 

17 SEC. 1001. FINDINGS. 

18 Consistent with the report of the National Commis19 sion on Terrorist Attacks Upon the United States, Con20 gress makes the following findings: 

21 (1) Long-term success in the war on terrorism 

22 demands the use of all elements of national power, 

23 including diplomacy, military action, intelligence, 

24 covert action, law enforcement, economic policy, for25 eign aid, public diplomacy, and homeland defense. 
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1 (2) To win the war on terrorism, the United 

2 States must assign to economic and diplomatic capa3 bilities the same strategic priority that is assigned to 

4 military capabilities. 

5 (3) The legislative and executive branches of 

6 the Government of the United States must commit 

7 to robust, long-term investments in all of the tools 

8 necessary for the foreign policy of the United States 

9 to successfully accomplish the goals of the United 

10 States. 

11 (4) The investments referred to in paragraph 

12 (3) will require increased funding to United States 

13 foreign affairs programs in general, and to priority 

14 areas as described in this title in particular. 

15 SEC. 1002. TERRORIST SANCTUARIES. 

16 (a) FINDINGS.—Consistent with the report of the Na17 tional Commission on Terrorist Attacks Upon the United 

18 States, Congress makes the following findings: 

19 (1) Complex terrorist operations require loca20 tions that provide such operations sanctuary from 

21 interference by government or law enforcement per22 sonnel. 

23 (2) A terrorist sanctuary existed in Afghanistan 

24 before September 11, 2001. 
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1 (3) The terrorist sanctuary in Afghanistan pro2 vided direct and indirect value to members of al 

3 Qaeda who participated in the terrorist attacks on 

4 the United States on September 11, 2001, and in 

5 other terrorist operations. 

6 (4) Terrorist organizations have fled to some of 

7 the least governed and most lawless places in the 

8 world to find sanctuary. 

9 (5) During the 21st century, terrorists are fo10 cusing on remote regions and failing states as loca11 tions to seek sanctuary. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) the United States Government should iden15 tify and prioritize locations that are or that could be 

16 used as terrorist sanctuaries; 

17 (2) the United States Government should have 

18 a realistic strategy that includes the use of all ele19 ments of national power to keep possible terrorists 

20 from using a location as a sanctuary; 

21 (3) the United States Government should reach 

22 out, listen to, and work with countries in bilateral 

23 and multilateral fora to prevent locations from be24 coming sanctuaries and to prevent terrorists from 

25 using locations as sanctuaries; and 
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1 (4) regions of specific concern where United 

2 States foreign assistance should be targeted to assist 

3 governments in efforts to prevent the use of such re4 gions as terrorist sanctuaries are South Asia, South5 east Asia, West Africa, the Horn of Africa, North 

6 and North Central Africa, the Arabian peninsula, 

7 Central and Eastern Europe, and South America; 

8 SEC. 1003. ROLE OF PAKISTAN IN COUNTERING TER9 RORISM. 

10 (a) FINDINGS.—Consistent with the report of the Na11 tional Commission on Terrorist Attacks Upon the United 

12 States, Congress makes the following findings: 

13 (1) The Government of Pakistan has a critical 

14 role to perform in the struggle against Islamist ter15 rorism. 

16 (2) The endemic poverty, widespread corrup17 tion, and frequent ineffectiveness of government in 

18 Pakistan create opportunities for Islamist recruit19 ment. 

20 (3) The poor quality of education in Pakistan 

21 is particularly worrying, as millions of families send 

22 their children to madrassahs, some of which have 

23 been used as incubators for violent extremism. 

24 (4) The vast unpoliced regions in Pakistan 

25 make the country attractive to extremists seeking 
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1 refuge and recruits and also provide a base for oper2 ations against coalition forces in Afghanistan. 

3 (5) A stable Pakistan, with a moderate, respon4 sible government that serves as a voice of tolerance 

5 in the Muslim world, is critical to stability in the re6 gion. 

7 (6) There is a widespread belief among the peo8 ple of Pakistan that the United States has long 

9 treated them as allies of convenience. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) the United States should make a long-term 

13 commitment to fostering a stable and secure future 

14 in Pakistan, as long as its leaders remain committed 

15 to combating extremists and extremism, ending the 

16 proliferation of weapons of mass destruction, secur17 ing its borders, and gaining internal control of all its 

18 territory while pursuing policies that strengthen civil 

19 society, promote moderation and advance socio-eco20 nomic progress; 

21 (2) Pakistan should make sincere efforts to 

22 transition to democracy, enhanced rule of law, and 

23 robust civil institutions, and United States policy to24 ward Pakistan should promote such a transition; 
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1 (3) the United States assistance to Pakistan 

2 should be maintained at the overall levels requested 

3 by the President for fiscal year 2005; 

4 (4) the United States should support the Gov5 ernment of Pakistan with a comprehensive effort 

6 that extends from military aid to support for better 

7 education; 

8 (5) the United States Government should de9 vote particular attention and resources to assisting 

10 in the improvement of the quality of education in 

11 Pakistan; and 

12 (6) the Government of Pakistan should devote 

13 additional resources of such Government to expand14 ing and improving modern public education in Paki15 stan. 

16 SEC. 1004. AID TO AFGHANISTAN. 

17 (a) FINDINGS.—Consistent with the report of the Na18 tional Commission on Terrorist Attacks Upon the United 

19 States, Congress makes the following findings: 

20 (1) The United States and its allies in the 

21 international community have made progress in pro22 moting economic and political reform within Afghan23 istan, including the establishment of a central gov24 ernment with a democratic constitution, a new cur25 rency, and a new army, the increase of personal 
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1 freedom, and the elevation of the standard of living 

2 of many Afghans. 

3 (2) A number of significant obstacles must be 

4 overcome if Afghanistan is to become a secure and 

5 prosperous democracy, and such a transition de6 pends in particular upon— 

7 (A) improving security throughout the 

8 country; 

9 (B) disarming and demobilizing militias; 

10 (C) curtailing the rule of the warlords; 

11 (D) promoting equitable economic develop12 ment; 

13 (E) protecting the human rights of the 

14 people of Afghanistan; 

15 (F) holding elections for public office; and 

16 (G) ending the cultivation and trafficking 

17 of narcotics. 

18 (3) The United States and the international 

19 community must make a long-term commitment to 

20 addressing the deteriorating security situation in Af21 ghanistan and the burgeoning narcotics trade, en22 demic poverty, and other serious problems in Af23 ghanistan in order to prevent that country from re24 lapsing into a sanctuary for international terrorism. 

25 (b) SENSE OF CONGRESS.— 
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1 (1) ACTIONS FOR AFGHANISTAN.—It is the 

2 sense of Congress that the Government of the 

3 United States should take, with respect to Afghani4 stan, the following actions: 

5 (A) Working with other nations to obtain 

6 long-term security, political, and financial com7 mitments and fulfillment of pledges to the Gov8 ernment of Afghanistan to accomplish the ob9 jectives of the Afghanistan Freedom Support 

10 Act of 2002 (22 U.S.C. 7501 et seq.), especially 

11 to ensure a secure, democratic, and prosperous 

12 Afghanistan that respects the rights of its citi13 zens and is free of international terrorist orga14 nizations. 

15 (B) Using the voice and vote of the United 

16 States in relevant international organizations, 

17 including the North Atlantic Treaty Organiza18 tion and the United Nations Security Council, 

19 to strengthen international commitments to as20 sist the Government of Afghanistan in enhanc21 ing security, building national police and mili22 tary forces, increasing counter-narcotics efforts, 

23 and expanding infrastructure and public serv24 ices throughout the country. 
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1 (C) Taking appropriate steps to increase 

2 the assistance provided under programs of the 

3 Department of State and the United States 

4 Agency for International Development through5 out Afghanistan and to increase the number of 

6 personnel of those agencies in Afghanistan as 

7 necessary to support the increased assistance. 

8 (2) REVISION OF AFGHANISTAN FREEDOM SUP9 PORT ACT OF 2002.—It is the sense of Congress that 

10 Congress should, in consultation with the President, 

11 update and revise, as appropriate, the Afghanistan 

12 Freedom Support Act of 2002. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated to the President for each of the fiscal 

16 years 2005 through 2009 such sums as may be nec17 essary to provide assistance for Afghanistan, unless 

18 otherwise authorized by Congress, for the following 

19 purposes: 

20 (A) For development assistance under sec21 tions 103, 105, and 106 of the Foreign Assist22 ance Act of 1961 (22 U.S.C. 2151a, 2151c, and 

23 2151d). 

24 (B) For children’s health programs under 

25 the Child Survival and Health Program Fund 
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1 under section 104 of the Foreign Assistance 

2 Act of 1961 (22 U.S.C. 2151b). 

3 (C) For economic assistance under the 

4 Economic Support Fund under chapter 4 of 

5 part II of the Foreign Assistance Act of 1961 

6 (22 U.S.C. 2346 et seq.). 

7 (D) For international narcotics and law 

8 enforcement under section 481 of the Foreign 

9 Assistance Act of 1961 (22 U.S.C. 2291). 

10 (E) For nonproliferation, anti-terrorism, 

11 demining, and related programs. 

12 (F) For international military education 

13 and training under section 541 of the Foreign 

14 Assistance Act of 1961 (22 U.S.C. 2347). 

15 (G) For Foreign Military Financing Pro16 gram grants under section 23 of the Arms Ex17 port Control Act (22 U.S.C. 2763). 

18 (H) For peacekeeping operations under 

19 section 551 of the Foreign Assistance Act of 

20 1961 (22 U.S.C. 2348). 

21 (2) CONDITIONS FOR ASSISTANCE.—Assistance 

22 provided by the President under this subsection— 

23 (A) shall be consistent with the Afghani24 stan Freedom Support Act of 2002; and 
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1 (B) shall be provided with reference to the 

2 ‘‘Securing Afghanistan’s Future’’ document 

3 published by the Government of Afghanistan. 

4 SEC. 1005. THE UNITED STATES-SAUDI ARABIA RELATION5 SHIP. 

6 (a) FINDINGS.—Consistent with the report of the Na7 tional Commission on Terrorist Attacks Upon the United 

8 States, Congress makes the following findings: 

9 (1) Despite a long history of friendly relations 

10 with the United States, Saudi Arabia has been a 

11 problematic ally in combating Islamist extremism. 

12 (2) Cooperation between the Governments of 

13 the United States and Saudi Arabia has traditionally 

14 been carried out in private. 

15 (3) Counterterrorism cooperation between the 

16 Governments of the United States and Saudi Arabia 

17 has improved significantly since the terrorist bomb18 ing attacks in Riyadh, Saudi Arabia, on May 12, 

19 2003, especially cooperation to combat terror groups 

20 operating inside Saudi Arabia. 

21 (4) The Government of Saudi Arabia is now 

22 pursuing al Qaeda within Saudi Arabia and has 

23 begun to take some modest steps toward internal re24 form. 
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1 (5) Nonetheless, the Government of Saudi Ara2 bia has been at times unresponsive to United States 

3 requests for assistance in the global war on Islamist 

4 terrorism. 

5 (6) The Government of Saudi Arabia has not 

6 done all it can to prevent nationals of Saudi Arabia 

7 from funding and supporting extremist organizations 

8 in Saudi Arabia and other countries. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) the problems in the relationship between the 

12 United States and Saudi Arabia must be confronted 

13 openly, and the opportunities for cooperation be14 tween the countries must be pursued openly by those 

15 governments; 

16 (2) both governments must build a relationship 

17 that they can publicly defend and that is based on 

18 other national interests in addition to their national 

19 interests in oil; 

20 (3) this relationship should include a shared 

21 commitment to political and economic reform in 

22 Saudi Arabia; 

23 (4) this relationship should also include a 

24 shared interest in greater tolerance and respect for 

25 other cultures in Saudi Arabia and a commitment to 
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1 fight the violent extremists who foment hatred in the 

2 Middle East; and 

3 (5) the Government of Saudi Arabia must do 

4 all it can to prevent nationals of Saudi Arabia from 

5 funding and supporting extremist organizations in 

6 Saudi Arabia and other countries. 

7 SEC. 1006. EFFORTS TO COMBAT ISLAMIST TERRORISM. 

8 (a) FINDINGS.—Consistent with the report of the Na9 tional Commission on Terrorist Attacks Upon the United 

10 States, Congress makes the following findings: 

11 (1) While support for the United States has 

12 plummeted in the Islamic world, many negative 

13 views are uninformed, at best, and, at worst, are in14 formed by coarse stereotypes and caricatures. 

15 (2) Local newspapers in Islamic countries and 

16 influential broadcasters who reach Islamic audiences 

17 through satellite television often reinforce the idea 

18 that the people and Government of the United 

19 States are anti-Muslim. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) the Government of the United States should 

23 offer an example of moral leadership in the world 

24 that includes a commitment to treat all people hu-
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1 manely, abide by the rule of law, and be generous 

2 to the people and governments of other countries; 

3 (2) the United States should cooperate with 

4 governments of Islamic countries to foster agree5 ment on respect for human dignity and opportunity, 

6 and to offer a vision of a better future that includes 

7 stressing life over death, individual educational and 

8 economic opportunity, widespread political participa9 tion, contempt for indiscriminate violence, respect 

10 for the rule of law, openness in discussing dif11 ferences, and tolerance for opposing points of view; 

12 (3) the United States should encourage reform, 

13 freedom, democracy, and opportunity for Arabs and 

14 Muslims and promote moderation in the Islamic 

15 world; and 

16 (4) the United States should work to defeat ex17 tremist ideology in the Islamic world by providing 

18 assistance to moderate Arabs and Muslims to com19 bat extremist ideas. 

20 SEC. 1007. UNITED STATES POLICY TOWARD DICTATOR21 SHIPS. 

22 (a) FINDING.—Consistent with the report of the Na23 tional Commission on Terrorist Attacks Upon the United 

24 States, Congress finds that short-term gains enjoyed by 

25 the United States through cooperation with repressive dic-
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1 tatorships have often been outweighed by long-term set2 backs for the stature and interests of the United States. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) United States foreign policy should promote 

6 the value of life and the importance of individual 

7 educational and economic opportunity, encourage 

8 widespread political participation, condemn indis9 criminate violence, and promote respect for the rule 

10 of law, openness in discussing differences among 

11 people, and tolerance for opposing points of view; 

12 and 

13 (2) the United States Government must prevail 

14 upon the governments of all predominantly Muslim 

15 countries, including those that are friends and allies 

16 of the United States, to condemn indiscriminate vio17 lence, promote the value of life, respect and promote 

18 the principles of individual education and economic 

19 opportunity, encourage widespread political partici20 pation, and promote the rule of law, openness in dis21 cussing differences among people, and tolerance for 

22 opposing points of view. 
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1 SEC. 1008. PROMOTION OF UNITED STATES VALUES 

2 THROUGH BROADCAST MEDIA. 

3 (a) FINDINGS.—Consistent with the report of the Na4 tional Commission on Terrorist Attacks Upon the United 

5 States, Congress makes the following findings: 

6 (1) Although the United States has dem7 onstrated and promoted its values in defending Mus8 lims against tyrants and criminals in Somalia, Bos9 nia, Kosovo, Afghanistan, and Iraq, this message is 

10 not always clearly presented and understood in the 

11 Islamic world. 

12 (2) If the United States does not act to vigor13 ously define its message in the Islamic world, the 

14 image of the United States will be defined by Is15 lamic extremists who seek to demonize the United 

16 States. 

17 (3) Recognizing that many Arab and Muslim 

18 audiences rely on satellite television and radio, the 

19 United States Government has launched promising 

20 initiatives in television and radio broadcasting to the 

21 Arab world, Iran, and Afghanistan. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 (1) the United States must do more to defend 

25 and promote its values and ideals to the broadest 

26 possible audience in the Islamic world; 
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1 (2) United States efforts to defend and promote 

2 these values and ideals are beginning to ensure that 

3 accurate expressions of these values reach large au4 diences in the Islamic world and should be robustly 

5 supported; 

6 (3) the United States Government could and 

7 should do more to engage the Muslim world in the 

8 struggle of ideas; and 

9 (4) the United States Government should more 

10 intensively employ existing broadcast media in the 

11 Islamic world as part of this engagement. 

12 (c) AUTHORIZATIONS OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the President for 

14 each of the fiscal years 2005 through 2009 such sums as 

15 may be necessary to carry out United States Government 

16 broadcasting activities under the United States Informa17 tion and Educational Exchange Act of 1948 (22 U.S.C. 

18 1431 et seq.), the United States International Broad19 casting Act of 1994 (22 U.S.C. 6201 et seq.), and the 

20 Foreign Affairs Reform and Restructuring Act of 1998 

21 (22 U.S.C. 6501 et seq.), and to carry out other activities 

22 under this section consistent with the purposes of such 

23 Acts, unless otherwise authorized by Congress. 
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1 SEC. 1009. EXPANSION OF UNITED STATES SCHOLARSHIP 

2 AND EXCHANGE PROGRAMS IN THE ISLAMIC 

3 WORLD. 

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

6 States, Congress makes the following findings: 

7 (1) Exchange, scholarship, and library pro8 grams are effective ways for the United States Gov9 ernment to promote internationally the values and 

10 ideals of the United States. 

11 (2) Exchange, scholarship, and library pro12 grams can expose young people from other countries 

13 to United States values and offer them knowledge 

14 and hope. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that the United States should expand its exchange, 

17 scholarship, and library programs, especially those that 

18 benefit people in the Arab and Muslim worlds. 

19 (c) AUTHORITY TO EXPAND EDUCATIONAL AND

20 CULTURAL EXCHANGES.—The President is authorized to 

21 substantially expand the exchange, scholarship, and li22 brary programs of the United States, especially such pro23 grams that benefit people in the Arab and Muslim worlds. 

24 (d) AVAILABILITY OF FUNDS.—Of the amounts au25 thorized to be appropriated for educational and cultural 

26 exchange programs in each of the fiscal years 2005 
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1 through 2009, there is authorized to be made available 

2 to the Secretary of State such sums as may be necessary 

3 to carry out programs under this section, unless otherwise 

4 authorized by Congress. 

5 SEC. 1010. INTERNATIONAL YOUTH OPPORTUNITY FUND. 

6 (a) FINDINGS.—Consistent with the report of the Na7 tional Commission on Terrorist Attacks Upon the United 

8 States, Congress makes the following findings: 

9 (1) Education that teaches tolerance, the dig10 nity and value of each individual, and respect for 

11 different beliefs is a key element in any global strat12 egy to eliminate Islamist terrorism. 

13 (2) Education in the Middle East about the 

14 world outside that region is weak. 

15 (3) The United Nations has rightly equated lit16 eracy with freedom. 

17 (4) The international community is moving to18 ward setting a concrete goal of reducing by half the 

19 illiteracy rate in the Middle East by 2010, through 

20 the implementation of education programs targeting 

21 women and girls and programs for adult literacy, 

22 and by other means. 

23 (5) To be effective, efforts to improve education 

24 in the Middle East must also include— 
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1 (A) support for the provision of basic edu2 cation tools, such as textbooks that translate 

3 more of the world’s knowledge into local lan4 guages and local libraries to house such mate5 rials; and 

6 (B) more vocational education in trades 

7 and business skills. 

8 (6) The Middle East can benefit from some of 

9 the same programs to bridge the digital divide that 

10 already have been developed for other regions of the 

11 world. 

12 (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.— 

13 (1) ESTABLISHMENT.—The President shall es14 tablish an International Youth Opportunity Fund to 

15 provide financial assistance for the improvement of 

16 public education in the Middle East. 

17 (2) INTERNATIONAL PARTICIPATION.—The 

18 President shall seek the cooperation of the inter19 national community in establishing and generously 

20 supporting the Fund. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the President for the 

23 establishment of the International Youth Opportunity 

24 Fund, in addition to any amounts otherwise available for 

25 such purpose, such sums as may be necessary for each 
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1 of the fiscal years 2005 through 2009, unless otherwise 

2 authorized by Congress. 

3 SEC. 1011. THE USE OF ECONOMIC POLICIES TO COMBAT 

4 TERRORISM. 

5 (a) FINDINGS.—Consistent with the report of the Na6 tional Commission on Terrorist Attacks Upon the United 

7 States, Congress makes the following findings: 

8 (1) While terrorism is not caused by poverty, 

9 breeding grounds for terrorism are created by back10 ward economic policies and repressive political re11 gimes. 

12 (2) Policies that support economic development 

13 and reform also have political implications, as eco14 nomic and political liberties are often linked. 

15 (3) The United States is working toward cre16 ating a Middle East Free Trade Area by 2013 and 

17 implementing a free trade agreement with Bahrain, 

18 and free trade agreements exist between the United 

19 States and Israel and the United States and Jordan. 

20 (4) Existing and proposed free trade agree21 ments between the United States and Islamic coun22 tries are drawing interest from other countries in 

23 the Middle East region, and Islamic countries can 

24 become full participants in the rules-based global 

25 trading system, as the United States considers low-
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1 ering its barriers to trade with the poorest Arab 

2 countries. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) a comprehensive United States strategy to 

6 counter terrorism should include economic policies 

7 that encourage development, open societies, and op8 portunities for people to improve the lives of their 

9 families and to enhance prospects for their children’s 

10 future; 

11 (2) one element of such a strategy should en12 compass the lowering of trade barriers with the 

13 poorest countries that have a significant population 

14 of Arab or Muslim individuals; 

15 (3) another element of such a strategy should 

16 encompass United States efforts to promote eco17 nomic reform in countries that have a significant 

18 population of Arab or Muslim individuals, including 

19 efforts to integrate such countries into the global 

20 trading system; and 

21 (4) given the importance of the rule of law in 

22 promoting economic development and attracting in23 vestment, the United States should devote an in24 creased proportion of its assistance to countries in 

25 the Middle East to the promotion of the rule of law. 
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1 SEC. 1012. MIDDLE EAST PARTNERSHIP INITIATIVE. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

3 authorized to be appropriated for each of the fiscal years 

4 2005 through 2009 such sums as may be necessary for 

5 the Middle East Partnership Initiative, unless otherwise 

6 authorized by Congress. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that, given the importance of the rule of law and 

9 economic reform to development in the Middle East, a sig10 nificant portion of the funds authorized to be appropriated 

11 under subsection (a) should be made available to promote 

12 the rule of law in the Middle East. 

13 SEC. 1013. COMPREHENSIVE COALITION STRATEGY FOR 

14 FIGHTING TERRORISM. 

15 (a) FINDINGS.—Consistent with the report of the Na16 tional Commission on Terrorist Attacks Upon the United 

17 States, Congress makes the following findings: 

18 (1) Almost every aspect of the counterterrorism 

19 strategy of the United States relies on international 

20 cooperation. 

21 (2) Since September 11, 2001, the number and 

22 scope of United States Government contacts with 

23 foreign governments concerning counterterrorism 

24 have expanded significantly, but such contacts have 

25 often been ad hoc and not integrated as a com26 prehensive and unified approach. 
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1 (b) INTERNATIONAL CONTACT GROUP ON

2 COUNTERTERRORISM.— 

3 (1) SENSE OF CONGRESS.—It is the sense of 

4 Congress that the President— 

5 (A) should seek to engage the leaders of 

6 the governments of other countries in a process 

7 of advancing beyond separate and uncoordi8 nated national counterterrorism strategies to 

9 develop with those other governments a com10 prehensive coalition strategy to fight Islamist 

11 terrorism; and 

12 (B) to that end, should seek to establish 

13 an international counterterrorism policy contact 

14 group with the leaders of governments pro15 viding leadership in global counterterrorism ef16 forts and governments of countries with sizable 

17 Muslim populations, to be used as a ready and 

18 flexible international means for discussing and 

19 coordinating the development of important 

20 counterterrorism policies by the participating 

21 governments. 

22 (2) AUTHORITY.—The President is authorized 

23 to establish an international counterterrorism policy 

24 contact group with the leaders of governments re25 ferred to in paragraph (1) for purposes as follows: 
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1 (A) To develop in common with such other 

2 countries important policies and a strategy that 

3 address the various components of international 

4 prosecution of the war on terrorism, including 

5 policies and a strategy that address military 

6 issues, law enforcement, the collection, analysis, 

7 and dissemination of intelligence, issues relating 

8 to interdiction of travel by terrorists, 

9 counterterrorism-related customs issues, finan10 cial issues, and issues relating to terrorist sanc11 tuaries. 

12 (B) To address, to the extent (if any) that 

13 the President and leaders of other participating 

14 governments determine appropriate, such long15 term issues as economic and political reforms 

16 that can contribute to strengthening stability 

17 and security in the Middle East. 

18 SEC. 1014. TREATMENT OF FOREIGN PRISONERS. 

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

21 States, Congress makes the following findings: 

22 (1) Carrying out the global war on terrorism re23 quires the development of policies with respect to the 

24 detention and treatment of captured international 

25 terrorists that are adhered to by all coalition forces. 
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1 (2) Article 3 of the Convention Relative to the 

2 Treatment of Prisoners of War, done at Geneva Au3 gust 12, 1949 (6 UST 3316) was specifically de4 signed for cases in which the usual rules of war do 

5 not apply, and the minimum standards of treatment 

6 pursuant to such Article are generally accepted 

7 throughout the world as customary international 

8 law. 

9 (b) POLICY.—The policy of the United States is as 

10 follows: 

11 (1) It is the policy of the United States to treat 

12 all foreign persons captured, detained, interned or 

13 otherwise held in the custody of the United States 

14 (hereinafter ‘‘prisoners’’) humanely and in accord15 ance with standards that the United States would 

16 consider legal if perpetrated by the enemy against 

17 an American prisoner. 

18 (2) It is the policy of the United States that all 

19 officials of the United States are bound both in war20 time and in peacetime by the legal prohibition 

21 against torture, cruel, inhuman or degrading treat22 ment. 

23 (3) If there is any doubt as to whether pris24 oners are entitled to the protections afforded by the 

25 Geneva Conventions, such prisoners shall enjoy the 
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1 protections of the Geneva Conventions until such 

2 time as their status can be determined pursuant to 

3 the procedures authorized by Army Regulation 190– 

4 8, Section 1–6. 

5 (4) It is the policy of the United States to expe6 ditiously prosecute cases of terrorism or other crimi7 nal acts alleged to have been committed by prisoners 

8 in the custody of the United States Armed Forces 

9 at Guantanamo Bay, Cuba, in order to avoid the in10 definite detention of prisoners, which is contrary to 

11 the legal principles and security interests of the 

12 United States. 

13 (c) REPORTING.—The Department of Defense shall 

14 submit to the appropriate congressional committees: 

15 (1) A quarterly report providing the number of 

16 prisoners who were denied Prisoner of War (POW) 

17 status under the Geneva Conventions and the basis 

18 for denying POW status to each such prisoner. 

19 (2) A report setting forth— 

20 (A) the proposed schedule for military 

21 commissions to be held at Guantanamo Bay, 

22 Cuba; and 

23 (B) the number of individuals currently 

24 held at Guantanamo Bay, Cuba, the number of 

25 such individuals who are unlikely to face a mili-
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1 tary commission in the next six months, and 

2 each reason for not bringing such individuals 

3 before a military commission. 

4 (3) All International Committee of the Red 

5 Cross reports, completed prior to the enactment of 

6 this Act, concerning the treatment of prisoners in 

7 United States custody at Guantanamo Bay, Cuba, 

8 Iraq, and Afghanistan. Such ICRC reports should be 

9 provided, in classified form, not later than 15 days 

10 after enactment of this Act. 

11 (4) A report setting forth all prisoner interroga12 tion techniques approved by officials of the United 

13 States. 

14 (d) ANNUAL TRAINING REQUIREMENT.—The De15 partment of Defense shall certify that all Federal employ16 ees and civilian contractors engaged in the handling or in17 terrogating of prisoners have fulfilled an annual training 

18 requirement on the laws of war, the Geneva Conventions 

19 and the obligations of the United States under inter20 national humanitarian law. 

21 (e) PROHIBITION ON TORTURE OR CRUEL, INHU22 MANE, OR DEGRADING TREATMENT OR PUNISHMENT.— 

23 (1) IN GENERAL.—No prisoner shall be subject 

24 to torture or cruel, inhumane, or degrading treat-
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1 ment or punishment that is prohibited by the Con2 stitution, laws, or treaties of the United States. 

3 (2) RELATIONSHIP TO GENEVA CONVEN4 TIONS.—Nothing in this section shall affect the sta5 tus of any person under the Geneva Conventions or 

6 whether any person is entitled to the protections of 

7 the Geneva Conventions. 

8 (f) RULES, REGULATIONS, AND GUIDELINES.— 

9 (1) REQUIREMENT.—Not later than 180 days 

10 after the date of the enactment of this Act, the Sec11 retary and the Director shall prescribe the rules, 

12 regulations, or guidelines necessary to ensure com13 pliance with the prohibition in subsection (e)(1) by 

14 all personnel of the United States Government and 

15 by any person providing services to the United 

16 States Government on a contract basis. 

17 (2) REPORT TO CONGRESS.—The Secretary and 

18 the Director shall submit to Congress the rules, reg19 ulations, or guidelines prescribed under paragraph 

20 (1), and any modifications to such rules, regulations, 

21 or guidelines— 

22 (A) not later than 30 days after the effec23 tive date of such rules, regulations, guidelines, 

24 or modifications; and 
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1 (B) in a manner and form that will protect 

2 the national security interests of the United 

3 States. 

4 (g) REPORTS ON POSSIBLE VIOLATIONS.— 

5 (1) REQUIREMENT.—The Secretary and the Di6 rector shall each submit, on a timely basis and not 

7 less than twice each year, a report to Congress on 

8 the circumstances surrounding any investigation of a 

9 possible violation of the prohibition in subsection 

10 (e)(1) by United States Government personnel or by 

11 a person providing services to the United States 

12 Government on a contract basis. 

13 (2) FORM OF REPORT.—A report required 

14 under paragraph (1) shall be submitted in a manner 

15 and form that— 

16 (A) will protect the national security inter17 ests of the United States; and 

18 (B) will not prejudice any prosecution of 

19 an individual involved in, or responsible for, a 

20 violation of the prohibition in subsection (e)(1). 

21 (h) REPORT ON A COALITION APPROACH TOWARD

22 THE DETENTION AND HUMANE TREATMENT OF CAP23 TURED TERRORISTS.—Not later than 180 days after the 

24 date of the enactment of this Act, the President shall sub25 mit to Congress a report describing the efforts of the 
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1 United States Government to develop an approach toward 

2 the detention and humane treatment of captured inter3 national terrorists that will be adhered to by all countries 

4 that are members of the coalition against terrorism. 

5 (i) DEFINITIONS.—In this section: 

6 (1) CRUEL, INHUMANE, OR DEGRADING TREAT7 MENT OR PUNISHMENT.—The term ‘‘cruel, inhu8 mane, or degrading treatment or punishment’’ 

9 means the cruel, unusual, and inhumane treatment 

10 or punishment prohibited by the fifth amendment, 

11 eighth amendment, or fourteenth amendment to the 

12 Constitution. 

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

14 the National Intelligence Director. 

15 (3) GENEVA CONVENTIONS.—The term ‘‘Gene16 va Conventions’’ means— 

17 (A) the Convention for the Amelioration of 

18 the Condition of the Wounded and Sick in 

19 Armed Forces in the Field, done at Geneva Au20 gust 12, 1949 (6 UST 3114); 

21 (B) the Convention for the Amelioration of 

22 the Condition of the Wounded, Sick, and Ship23 wrecked Members of Armed Forces at Sea, 

24 done at Geneva August 12, 1949 (6 UST 

25 3217); 
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1 (C) the Convention Relative to the Treat2 ment of Prisoners of War, done at Geneva Au3 gust 12, 1949 (6 UST 3316); and 

4 (D) the Convention Relative to the Protec5 tion of Civilian Persons in Time of War, done 

6 at Geneva August 12, 1949 (6 UST 3516). 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Defense. 

9 (5) TORTURE.—The term ‘‘torture’’ has the 

10 meaning given that term in section 2340 of title 18, 

11 United States Code. 

12 SEC. 1015. PROLIFERATION OF WEAPONS OF MASS DE13 STRUCTION. 

14 (a) FINDINGS.—Consistent with the report of the Na15 tional Commission on Terrorist Attacks Upon the United 

16 States, Congress makes the following findings: 

17 (1) Al Qaeda and other terror groups have tried 

18 to acquire or make weapons of mass destruction 

19 since 1994 or earlier. 

20 (2) The United States doubtless would be a 

21 prime target for use of any such weapon by al 

22 Qaeda. 

23 (3) Although the United States Government has 

24 supported the Cooperative Threat Reduction, Global 

25 Threat Reduction Initiative, and other nonprolifera-
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1 tion assistance programs, nonproliferation experts 

2 continue to express deep concern about the adequacy 

3 of such efforts to secure weapons of mass destruc4 tion and related materials that still exist in Russia 

5 other countries of the former Soviet Union, and 

6 around the world. 

7 (4) The cost of increased investment in the pre8 vention of proliferation of weapons of mass destruc9 tion and related materials is greatly outweighed by 

10 the potentially catastrophic cost to the United States 

11 of the use of such weapons by terrorists. 

12 (5) The Cooperative Threat Reduction, Global 

13 Threat Reduction Initiative, and other nonprolifera14 tion assistance programs are the United States pri15 mary method of preventing the proliferation of 

16 weapons of mass destruction and related materials 

17 from Russia and the states of the former Soviet 

18 Union, but require further expansion, improvement, 

19 and resources. 

20 (6) Better coordination is needed within the ex21 ecutive branch of government for the budget devel22 opment, oversight, and implementation of the Coop23 erative Threat Reduction, Global Threat Reduction 

24 Initiative, and other nonproliferation assistance pro25 grams, and critical elements of such programs are 
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1 operated by the Departments of Defense, Energy, 

2 and State. 

3 (7) The effective implementation of the Cooper4 ative Threat Reduction, Global Threat Reduction 

5 Initiative, and other nonproliferation assistance pro6 grams in the countries of the former Soviet Union 

7 is hampered by Russian behavior and conditions on 

8 the provision of assistance under such programs that 

9 are unrelated to bilateral cooperation on weapons 

10 dismantlement. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) maximum effort to prevent the proliferation 

14 of weapons of mass destruction and related mate15 rials, wherever such proliferation may occur, is war16 ranted; 

17 (2) the Cooperative Threat Reduction, Global 

18 Threat Reduction Initiative, and other nonprolifera19 tion assistance programs should be expanded, im20 proved, accelerated, and better funded to address the 

21 global dimensions of the proliferation threat; and 

22 (3) the Proliferation Security Initiative is an 

23 important counterproliferation program that should 

24 be expanded to include additional partners. 
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1 (c) COOPERATIVE THREAT REDUCTION, GLOBAL

2 THREAT REDUCTION INITIATIVE, AND OTHER NON3 PROLIFERATION ASSISTANCE PROGRAMS.—In this section, 

4 the term ‘‘Cooperative Threat Reduction, Global Threat 

5 Reduction Initiative, and other nonproliferation assistance 

6 programs’’ includes— 

7 (1) the programs specified in section 1501(b) of 

8 the National Defense Authorization Act for Fiscal 

9 Year 1997 (Public Law 104–201; 50 U.S.C. 2362 

10 note); 

11 (2) the activities for which appropriations are 

12 authorized by section 3101(a)(2) of the National De13 fense Authorization Act for Fiscal Year 2004 (Pub14 lic Law 108–136; 117 Stat. 1742); 

15 (3) the Department of State program of assist16 ance to science centers; 

17 (4) the Global Threat Reduction Initiative of 

18 the Department of Energy; and 

19 (5) a program of any agency of the Federal 

20 Government having the purpose of assisting any for21 eign government in preventing nuclear weapons, plu22 tonium, highly enriched uranium, or other materials 

23 capable of sustaining an explosive nuclear chain re24 action, or nuclear weapons technology from becom25 ing available to terrorist organizations. 
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1 (d) STRATEGY AND PLAN.— 

2 (1) STRATEGY.—Not later than 180 days after 

3 the date of the enactment of this Act, the President 

4 shall submit to Congress— 

5 (A) a comprehensive strategy for expand6 ing and strengthening the Cooperative Threat 

7 Reduction, Global Threat Reduction Initiative, 

8 and other nonproliferation assistance programs; 

9 and 

10 (B) an estimate of the funding necessary 

11 to execute such strategy. 

12 (2) PLAN.—The strategy required by paragraph 

13 (1) shall include a plan for securing the nuclear 

14 weapons and related materials that are the most 

15 likely to be acquired or sought by, and susceptible 

16 to becoming available to, terrorist organizations, in17 cluding— 

18 (A) a prioritized list of the most dangerous 

19 and vulnerable sites; 

20 (B) measurable milestones for improving 

21 United States nonproliferation assistance pro22 grams; 

23 (C) a schedule for achieving such mile24 stones; and 
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1 (D) initial estimates of the resources nec2 essary to achieve such milestones under such 

3 schedule. 

4 SEC. 1016. FINANCING OF TERRORISM. 

5 (a) FINDINGS.—Consistent with the report of the Na6 tional Commission on Terrorist Attacks Upon the United 

7 States, Congress makes the following findings: 

8 (1) While efforts to designate and freeze the as9 sets of terrorist financiers have been relatively un10 successful, efforts to target the relatively small num11 ber of al Qaeda financial facilitators have been valu12 able and successful. 

13 (2) The death or capture of several important 

14 financial facilitators has decreased the amount of 

15 money available to al Qaeda, and has made it more 

16 difficult for al Qaeda to raise and move money. 

17 (3) The capture of al Qaeda financial 

18 facilitators has provided a windfall of intelligence 

19 that can be used to continue the cycle of disruption. 

20 (4) The United States Government has rightly 

21 recognized that information about terrorist money 

22 helps in understanding terror networks, searching 

23 them out, and disrupting their operations. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 
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1 (1) a critical weapon in the effort to stop ter2 rorist financing should be the targeting of terrorist 

3 financial facilitators by intelligence and law enforce4 ment agencies; and 

5 (2) efforts to track terrorist financing must be 

6 paramount in United States counter-terrorism ef7 forts. 

8 (c) REPORT ON TERRORIST FINANCING.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, the 

11 President shall submit to Congress a report evalu12 ating the effectiveness of United States efforts to 

13 curtail the international financing of terrorism. 

14 (2) CONTENTS.—The report required by para15 graph (1) shall evaluate and make recommendations 

16 on— 

17 (A) the effectiveness of efforts and meth18 ods to the identification and tracking of ter19 rorist financing; 

20 (B) ways to improve multinational and 

21 international governmental cooperation in this 

22 effort; 

23 (C) ways to improve the effectiveness of fi24 nancial institutions in this effort; 
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1 (D) the adequacy of agency coordination, 

2 nationally and internationally, including inter3 national treaties and compacts, in this effort 

4 and ways to improve that coordination; and 

5 (E) recommendations for changes in law 

6 and additional resources required to improve 

7 this effort. 

8 SEC. 1017. REPORT TO CONGRESS. 

9 (a) REQUIREMENT FOR REPORT.—Not later than 

10 180 days after the date of the enactment of this Act, the 

11 President shall submit to Congress a report on the activi12 ties of the Government of the United States to carry out 

13 the provisions of this title. 

14 (b) CONTENT.—The report required under this sec15 tion shall include the following: 

16 (1) TERRORIST SANCTUARIES.—A description 

17 of the strategy of the United States to address and, 

18 where possible, eliminate terrorist sanctuaries, in19 cluding— 

20 (A) a description of actual and potential 

21 terrorist sanctuaries, together with an assess22 ment of the priorities of addressing and elimi23 nating such sanctuaries; 
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1 (B) an outline of strategies for disrupting 

2 or eliminating the security provided to terrorists 

3 by such sanctuaries; 

4 (C) a description of efforts by the United 

5 States Government to work with other countries 

6 in bilateral and multilateral fora to address or 

7 eliminate actual or potential terrorist sanc8 tuaries and disrupt or eliminate the security 

9 provided to terrorists by such sanctuaries; and 

10 (D) a description of long-term goals and 

11 actions designed to reduce the conditions that 

12 allow the formation of terrorist sanctuaries, 

13 such as supporting and strengthening host gov14 ernments, reducing poverty, increasing eco15 nomic development, strengthening civil society, 

16 securing borders, strengthening internal secu17 rity forces, and disrupting logistics and commu18 nications networks of terrorist groups. 

19 (2) SUPPORT FOR PAKISTAN.—A description of 

20 the efforts of the United States Government to sup21 port Pakistan and encourage moderation in that 

22 country, including— 

23 (A) an examination of the desirability of 

24 establishing a Pakistan Education Fund to di25 rect resources toward improving the quality of 
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1 secondary schools in Pakistan, and an examina2 tion of the efforts of the Government of Paki3 stan to fund modern public education; 

4 (B) recommendations on the funding nec5 essary to provide various levels of educational 

6 support; 

7 (C) an examination of the current composi8 tion and levels of United States military aid to 

9 Pakistan, together with any recommendations 

10 for changes in such levels and composition that 

11 the President considers appropriate; and 

12 (D) an examination of other major types of 

13 United States financial support to Pakistan, to14 gether with any recommendations for changes 

15 in the levels and composition of such support 

16 that the President considers appropriate. 

17 (3) SUPPORT FOR AFGHANISTAN.— 

18 (A) SPECIFIC OBJECTIVES.—A description 

19 of the strategy of the United States to provide 

20 aid to Afghanistan during the 5-year period be21 ginning on the date of enactment of this Act, 

22 including a description of the resources nec23 essary during the next 5 years to achieve spe24 cific objectives in Afghanistan in the following 

25 areas: 
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1 (i) Fostering economic development. 

2 (ii) Curtailing the cultivation of 

3 opium. 

4 (iii) Achieving internal security and 

5 stability. 

6 (iv) Eliminating terrorist sanctuaries. 

7 (v) Increasing governmental capabili8 ties. 

9 (vi) Improving essential infrastructure 

10 and public services. 

11 (vii) Improving public health services. 

12 (viii) Establishing a broad-based edu13 cational system. 

14 (ix) Promoting democracy and the 

15 rule of law. 

16 (x) Building national police and mili17 tary forces. 

18 (B) PROGRESS.—A description of— 

19 (i) the progress made toward achiev20 ing the objectives described in clauses (i) 

21 through (x) of subparagraph (A); and 

22 (ii) any shortfalls in meeting such ob23 jectives and the resources needed to fully 

24 achieve such objectives. 
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1 (4) COLLABORATION WITH SAUDI ARABIA.—A 

2 description of the strategy of the United States for 

3 expanding collaboration with the Government of 

4 Saudi Arabia on subjects of mutual interest and of 

5 importance to the United States, including a de6 scription of— 

7 (A) the utility of the President under8 taking a periodic, formal, and visible high-level 

9 dialogue between senior United States Govern10 ment officials of cabinet level or higher rank 

11 and their counterparts in the Government of 

12 Saudi Arabia to address challenges in the rela13 tionship between the two governments and to 

14 identify areas and mechanisms for cooperation; 

15 (B) intelligence and security cooperation 

16 between the United States and Saudi Arabia in 

17 the fight against Islamist terrorism; 

18 (C) ways to advance Saudi Arabia’s con19 tribution to the Middle East peace process; 

20 (D) political and economic reform in Saudi 

21 Arabia and throughout the Middle East; 

22 (E) ways to promote greater tolerance and 

23 respect for cultural and religious diversity in 

24 Saudi Arabia and throughout the Middle East; 

25 and 
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1 (F) ways to assist the Government of 

2 Saudi Arabia in preventing nationals of Saudi 

3 Arabia from funding and supporting extremist 

4 groups in Saudi Arabia and other countries. 

5 (5) STRUGGLE OF IDEAS IN THE ISLAMIC

6 WORLD.—A description of a cohesive, long-term 

7 strategy of the United States to help win the strug8 gle of ideas in the Islamic world, including the fol9 lowing: 

10 (A) A description of specific goals related 

11 to winning this struggle of ideas. 

12 (B) A description of the range of tools 

13 available to the United States Government to 

14 accomplish such goals and the manner in which 

15 such tools will be employed. 

16 (C) A list of benchmarks for measuring 

17 success and a plan for linking resources to the 

18 accomplishment of such goals. 

19 (D) A description of any additional re20 sources that may be necessary to help win this 

21 struggle of ideas. 

22 (E) Any recommendations for the creation 

23 of, and United States participation in, inter24 national institutions for the promotion of de25 mocracy and economic diversification in the Is-
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1 lamic world, and intraregional trade in the Mid2 dle East. 

3 (F) An estimate of the level of United 

4 States financial assistance that would be suffi5 cient to convince United States allies and peo6 ple in the Islamic world that engaging in the 

7 struggle of ideas in the Islamic world is a top 

8 priority of the United States and that the 

9 United States intends to make a substantial 

10 and sustained commitment toward winning this 

11 struggle. 

12 (6) OUTREACH THROUGH BROADCAST MEDIA.— 

13 A description of a cohesive, long-term strategy of the 

14 United States to expand its outreach to foreign Mus15 lim audiences through broadcast media, including 

16 the following: 

17 (A) The initiatives of the Broadcasting 

18 Board of Governors with respect to outreach to 

19 foreign Muslim audiences. 

20 (B) An outline of recommended actions 

21 that the United States Government should take 

22 to more regularly and comprehensively present 

23 a United States point of view through indige24 nous broadcast media in countries with sizable 

25 Muslim populations, including increasing ap-
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1 pearances by United States Government offi2 cials, experts, and citizens. 

3 (C) An assessment of potential incentives 

4 for, and costs associated with, encouraging 

5 United States broadcasters to dub or subtitle 

6 into Arabic and other relevant languages their 

7 news and public affairs programs broadcast in 

8 the Muslim world in order to present those pro9 grams to a much broader Muslim audience than 

10 is currently reached. 

11 (D) Any recommendations the President 

12 may have for additional funding and legislation 

13 necessary to achieve the objectives of the strat14 egy. 

15 (7) VISAS FOR PARTICIPANTS IN UNITED

16 STATES PROGRAMS.—A description of— 

17 (A) any recommendations for expediting 

18 the issuance of visas to individuals who are en19 tering the United States for the purpose of par20 ticipating in a scholarship, exchange, or visitor 

21 program described in subsection (c) of section 

22 ll09 without compromising the security of 

23 the United States; and 
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1 (B) a proposed schedule for implementing 

2 any recommendations described in subpara3 graph (A). 

4 (8) BASIC EDUCATION IN MUSLIM COUN5 TRIES.—A description of a strategy, that was devel6 oped after consultation with nongovernmental orga7 nizations and individuals involved in education as8 sistance programs in developing countries, to pro9 mote free universal basic education in the countries 

10 of the Middle East and in other countries with sig11 nificant Muslim populations designated by the Presi12 dent. The strategy shall include the following ele13 ments: 

14 (A) A description of the manner in which 

15 the resources of the United States and the 

16 international community shall be used to help 

17 achieve free universal basic education in such 

18 countries, including— 

19 (i) efforts of the United states to co20 ordinate an international effort; 

21 (ii) activities of the United States to 

22 leverage contributions from members of 

23 the Group of Eight or other donors; and 

24 (iii) assistance provided by the United 

25 States to leverage contributions from the 
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1 private sector and civil society organiza2 tions. 

3 (B) A description of the efforts of the 

4 United States to coordinate with other donors 

5 to reduce duplication and waste at the global 

6 and country levels and to ensure efficient co7 ordination among all relevant departments and 

8 agencies of the Government of the United 

9 States. 

10 (C) A description of the strategy of the 

11 United States to assist efforts to overcome chal12 lenges to achieving free universal basic edu13 cation in such countries, including strategies to 

14 target hard to reach populations to promote 

15 education. 

16 (D) A listing of countries that the Presi17 dent determines are eligible for assistance 

18 under the International Youth Opportunity 

19 Fund described in section ll10 and related 

20 programs. 

21 (E) A description of the efforts of the 

22 United States to encourage countries in the 

23 Middle East and other countries with signifi24 cant Muslim populations designated by the 
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1 President to develop and implement a national 

2 education plan. 

3 (F) A description of activities carried out 

4 as part of the International Youth Opportunity 

5 Fund to help close the digital divide and expand 

6 vocational and business skills in such countries. 

7 (G) An estimate of the funds needed to 

8 achieve free universal basic education by 2015 

9 in each country described in subparagraph (D), 

10 and an estimate of the amount that has been 

11 expended by the United States and by each 

12 such country during the previous fiscal year. 

13 (H) A description of the United States 

14 strategy for garnering programmatic and finan15 cial support from countries in the Middle East 

16 and other countries with significant Muslim 

17 populations designated by the President, inter18 national organizations, and other countries that 

19 share the objectives of the International Youth 

20 and Opportunity Fund. 

21 (9) ECONOMIC REFORM.—A description of the 

22 efforts of the United States Government to encour23 age development and promote economic reform in 

24 countries that have a significant population of Arab 

25 or Muslim individuals, including a description of— 
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1 (A) efforts to integrate countries with sig2 nificant populations of Arab or Muslim individ3 uals into the global trading system; and 

4 (B) actions that the United States Govern5 ment, acting alone and in partnership with gov6 ernments in the Middle East, can take to pro7 mote intraregional trade and the rule of law in 

8 the region. 

9 SEC. 1018. EFFECTIVE DATE. 

10 Notwithstanding section 341 or any other provision 

11 of this Act, this title shall take effect on the date of the 

12 enactment of this Act. 

13 Subtitle B—Terrorist Travel and 

14 Effective Screening 

15 SEC. 1021. COUNTERTERRORIST TRAVEL INTELLIGENCE. 

16 (a) FINDINGS.—Consistent with the report of the Na17 tional Commission on Terrorist Attacks Upon the United 

18 States, Congress makes the following findings: 

19 (1) Travel documents are as important to ter20 rorists as weapons since terrorists must travel clan21 destinely to meet, train, plan, case targets, and gain 

22 access to attack sites. 

23 (2) International travel is dangerous for terror24 ists because they must surface to pass through regu-
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1 lated channels, present themselves to border security 

2 officials, or attempt to circumvent inspection points. 

3 (3) Terrorists use evasive, but detectable, meth4 ods to travel, such as altered and counterfeit pass5 ports and visas, specific travel methods and routes, 

6 liaisons with corrupt government officials, human 

7 smuggling networks, supportive travel agencies, and 

8 immigration and identity fraud. 

9 (4) Before September 11, 2001, no Federal 

10 agency systematically analyzed terrorist travel strat11 egies. If an agency had done so, the agency could 

12 have discovered the ways in which the terrorist pred13 ecessors to al Qaeda had been systematically, but 

14 detectably, exploiting weaknesses in our border secu15 rity since the early 1990s. 

16 (5) Many of the hijackers were potentially vul17 nerable to interception by border authorities. Ana18 lyzing their characteristic travel documents and trav19 el patterns could have allowed authorities to inter20 cept some of the hijackers and a more effective use 

21 of information available in Government databases 

22 could have identified some of the hijackers. 

23 (6) The routine operations of our immigration 

24 laws and the aspects of those laws not specifically 
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1 aimed at protecting against terrorism inevitably 

2 shaped al Qaeda’s planning and opportunities. 

3 (7) New insights into terrorist travel gained 

4 since September 11, 2001, have not been adequately 

5 integrated into the front lines of border security. 

6 (8) The small classified terrorist travel intel7 ligence collection and analysis program currently in 

8 place has produced useful results and should be ex9 panded. 

10 (b) STRATEGY.— 

11 (1) IN GENERAL.—Not later than 1 year after 

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

13 Homeland Security shall submit to Congress unclas14 sified and classified versions of a strategy for com15 bining terrorist travel intelligence, operations, and 

16 law enforcement into a cohesive effort to intercept 

17 terrorists, find terrorist travel facilitators, and con18 strain terrorist mobility domestically and inter19 nationally. The report to Congress should include a 

20 description of the actions taken to implement the 

21 strategy. 

22 (2) ACCOUNTABILITY.—The strategy submitted 

23 under paragraph (1) shall— 

24 (A) describe a program for collecting, ana25 lyzing, disseminating, and utilizing information 
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1 and intelligence regarding terrorist travel tac2 tics and methods; and 

3 (B) outline which Federal intelligence, dip4 lomatic, and law enforcement agencies will be 

5 held accountable for implementing each element 

6 of the strategy. 

7 (3) COORDINATION.—The strategy shall be de8 veloped in coordination with all relevant Federal 

9 agencies, including— 

10 (A) the National Counterterrorism Center; 

11 (B) the Department of Transportation; 

12 (C) the Department of State; 

13 (D) the Department of the Treasury; 

14 (E) the Department of Justice; 

15 (F) the Department of Defense; 

16 (G) the Federal Bureau of Investigation; 

17 (H) the Drug Enforcement Agency; and 

18 (I) the agencies that comprise the intel19 ligence community. 

20 (4) CONTENTS.—The strategy shall address— 

21 (A) the intelligence and law enforcement 

22 collection, analysis, operations, and reporting 

23 required to identify and disrupt terrorist travel 

24 practices and trends, and the terrorist travel 

25 facilitators, document forgers, human smug-
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1 glers, travel agencies, and corrupt border and 

2 transportation officials who assist terrorists; 

3 (B) the initial and ongoing training and 

4 training materials required by consular, border, 

5 and immigration officials to effectively detect 

6 and disrupt terrorist travel described under 

7 subsection (c)(3); 

8 (C) the new procedures required and ac9 tions to be taken to integrate existing 

10 counterterrorist travel and mobility intelligence 

11 into border security processes, including con12 sular, port of entry, border patrol, maritime, 

13 immigration benefits, and related law enforce14 ment activities; 

15 (D) the actions required to integrate cur16 rent terrorist mobility intelligence into military 

17 force protection measures; 

18 (E) the additional assistance to be given to 

19 the interagency Human Smuggling and Traf20 ficking Center for purposes of combatting ter21 rorist travel, including further developing and 

22 expanding enforcement and operational capa23 bilities that address terrorist travel; 

24 (F) the additional resources to be given to 

25 the Department of Homeland Security to aid in 
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1 the sharing of information between the frontline 

2 border agencies of the Department of Home3 land Security, the Department of State, and 

4 classified and unclassified sources of 

5 counterterrorist travel intelligence and informa6 tion elsewhere in the Federal Government, in7 cluding the Human Smuggling and Trafficking 

8 Center; 

9 (G) the development and implementation 

10 of procedures to enable the Human Smuggling 

11 and Trafficking Center to timely receive ter12 rorist travel intelligence and documentation ob13 tained at consulates and ports of entry, and by 

14 law enforcement officers and military personnel; 

15 (H) the use of foreign and technical assist16 ance to advance border security measures and 

17 law enforcement operations against terrorist 

18 travel facilitators; 

19 (I) the development of a program to pro20 vide each consular, port of entry, and immigra21 tion benefits office with a counterterrorist travel 

22 expert trained and authorized to use the rel23 evant authentication technologies and cleared to 

24 access all appropriate immigration, law enforce25 ment, and intelligence databases; 
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1 (J) the feasibility of digitally transmitting 

2 passport information to a central cadre of spe3 cialists until such time as experts described 

4 under subparagraph (I) are available at con5 sular, port of entry, and immigration benefits 

6 offices; and 

7 (K) granting consular officers and immi8 gration adjudicators, as appropriate, the secu9 rity clearances necessary to access law enforce10 ment sensitive and intelligence databases. 

11 (c) FRONTLINE COUNTERTERRORIST TRAVEL TECH12 NOLOGY AND TRAINING.— 

13 (1) TECHNOLOGY ACQUISITION AND DISSEMI14 NATION PLAN.—Not later than 180 days after the 

15 date of enactment of this Act, the Secretary of 

16 Homeland Security, in conjunction with the Sec17 retary of State, shall submit to Congress a plan de18 scribing how the Department of Homeland Security 

19 and the Department of State can acquire and de20 ploy, to all consulates, ports of entry, and immigra21 tion benefits offices, technologies that facilitate doc22 ument authentication and the detection of potential 

23 terrorist indicators on travel documents. 

24 (2) CONTENTS OF PLAN.—The plan submitted 

25 under paragraph (1) shall— 
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1 (A) outline the timetable needed to acquire 

2 and deploy the authentication technologies; 

3 (B) identify the resources required to— 

4 (i) fully disseminate these tech5 nologies; and 

6 (ii) train personnel on use of these 

7 technologies; and 

8 (C) address the feasibility of using these 

9 technologies to screen every passport or other 

10 documentation described in section ll04(b) 

11 submitted for identification purposes to a 

12 United States consular, border, or immigration 

13 official. 

14 (3) TRAINING PROGRAM.— 

15 (A) IN GENERAL.—The Secretary of 

16 Homeland Security and the Secretary of State 

17 shall develop and implement initial and ongoing 

18 annual training programs for consular, border, 

19 and immigration officials who encounter or 

20 work with travel or immigration documents as 

21 part of their duties to teach such officials how 

22 to effectively detect and disrupt terrorist travel. 

23 (B) TERRORIST TRAVEL INTELLIGENCE.— 

24 The Secretary may assist State, local, and trib25 al governments, and private industry, in estab-
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1 lishing training programs related to terrorist 

2 travel intelligence. 

3 (C) TRAINING TOPICS.—The training de4 veloped under this paragraph shall include 

5 training in— 

6 (i) methods for identifying fraudulent 

7 documents; 

8 (ii) detecting terrorist indicators on 

9 travel documents; 

10 (iii) recognizing travel patterns, tac11 tics, and behaviors exhibited by terrorists; 

12 (iv) the use of information contained 

13 in available databases and data systems 

14 and procedures to maintain the accuracy 

15 and integrity of such systems; and 

16 (v) other topics determined necessary 

17 by the Secretary of Homeland Security and 

18 the Secretary of State. 

19 (D) CERTIFICATION.—Not later than 1 

20 year after the date of enactment of this Act— 

21 (i) the Secretary of Homeland Secu22 rity shall certify to Congress that all bor23 der and immigration officials who encoun24 ter or work with travel or immigration doc-
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1 uments as part of their duties have re2 ceived training under this paragraph; and 

3 (ii) the Secretary of State shall certify 

4 to Congress that all consular officers who 

5 encounter or work with travel or immigra6 tion documents as part of their duties have 

7 received training under this paragraph. 

8 (4) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to the Sec10 retary for each of the fiscal years 2005 through 

11 2009 such sums as may be necessary to carry out 

12 the provisions of this subsection. 

13 (d) ENHANCING CLASSIFIED COUNTERTERRORIST

14 TRAVEL EFFORTS.— 

15 (1) IN GENERAL.—The National Intelligence 

16 Director shall significantly increase resources and 

17 personnel to the small classified program that col18 lects and analyzes intelligence on terrorist travel. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated for each of 

21 the fiscal years 2005 through 2009 such sums as 

22 may be necessary to carry out this subsection. 
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1 SEC. 1022. INTEGRATED SCREENING SYSTEM. 

2 (a) IN GENERAL.—The Secretary of Homeland Secu3 rity shall develop a plan for a comprehensive integrated 

4 screening system. 

5 (b) DESIGN.—The system planned under subsection 

6 (a) shall be designed to— 

7 (1) encompass an integrated network of screen8 ing points that includes the Nation’s border security 

9 system, transportation system, and critical infra10 structure or facilities that the Secretary determines 

11 need to be protected against terrorist attack; 

12 (2) build upon existing border enforcement and 

13 security activities, and to the extent practicable, pri14 vate sector security initiatives, in a manner that will 

15 enable the utilization of a range of security check 

16 points in a continuous and consistent manner 

17 throughout the Nation’s screening system; 

18 (3) allow access to government databases to de19 tect terrorists; and 

20 (4) utilize biometric identifiers that the Sec21 retary determines to be appropriate, feasible, and if 

22 practicable, compatible with the biometric entry and 

23 exit data system described in section ll03. 

24 (c) STANDARDS FOR SCREENING PROCEDURES.— 

25 (1) AUTHORIZATION.—The Secretary may pro26 mulgate standards for screening procedures for— 
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1 (A) entering and leaving the United 

2 States; 

3 (B) accessing Federal facilities that the 

4 Secretary determines need to be protected 

5 against terrorist attack; 

6 (C) accessing critical infrastructure that 

7 the Secretary determines need to be protected 

8 against terrorist attack; and 

9 (D) accessing modes of transportation that 

10 the Secretary determines need to be protected 

11 against terrorist attack. 

12 (2) SCOPE.—Standards prescribed under this 

13 subsection may address a range of factors, including 

14 technologies required to be used in screening and re15 quirements for secure identification. 

16 (3) REQUIREMENTS.—In promulgating stand17 ards for screening procedures, the Secretary shall— 

18 (A) consider and incorporate appropriate 

19 civil liberties and privacy protections; 

20 (B) comply with the Administrative Proce21 dure Act; and 

22 (C) consult with other Federal, State, 

23 local, and tribal governments, private parties, 

24 and other interested parties, as appropriate. 
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1 (4) LIMITATION.—This section does not confer 

2 to the Secretary new statutory authority, or alter ex3 isting authorities, over systems, critical infrastruc4 ture, and facilities. 

5 (5) NOTIFICATION.—If the Secretary deter6 mines that additional regulatory authority is needed 

7 to fully implement the plan for an integrated screen8 ing system, the Secretary shall immediately notify 

9 Congress. 

10 (d) COMPLIANCE.—The Secretary may issue regula11 tions to ensure compliance with the standards promul12 gated under this section. 

13 (e) CONSULTATION.—For those systems, critical in14 frastructure, and facilities that the Secretary determines 

15 need to be protected against terrorist attack, the Secretary 

16 shall consult with other Federal agencies, State, local, and 

17 tribal governments, and the private sector to ensure the 

18 development of consistent standards and consistent imple19 mentation of the integrated screening system. 

20 (f) BIOMETRIC IDENTIFIERS.—In carrying out this 

21 section, the Secretary shall continue to review biometric 

22 technologies and existing Federal and State programs 

23 using biometric identifiers. Such review shall consider the 

24 accuracy rate of available technologies. 
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1 (g) MAINTAINING ACCURACY AND INTEGRITY OF THE

2 INTEGRATED SCREENING SYSTEM.— 

3 (1) IN GENERAL.—The Secretary shall establish 

4 rules, guidelines, policies, and operating and audit5 ing procedures for collecting, removing, and updat6 ing data maintained in, and adding information to, 

7 the integrated screening system that ensure the ac8 curacy and integrity of the data. 

9 (2) DATA MAINTENANCE PROCEDURES.—Each 

10 head of a Federal agency that has databases and 

11 data systems linked to the integrated screening sys12 tem shall establish rules, guidelines, policies, and op13 erating and auditing procedures for collecting, re14 moving, and updating data maintained in, and add15 ing information to, such databases or data systems 

16 that ensure the accuracy and integrity of the data. 

17 (3) REQUIREMENTS.—The rules, guidelines, 

18 policies, and procedures established under this sub19 section shall— 

20 (A) incorporate a simple and timely meth21 od for— 

22 (i) correcting errors; 

23 (ii) determining which government 

24 agency or entity provided data so that the 
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1 accuracy of the data can be ascertained; 

2 and 

3 (iii) clarifying information known to 

4 cause false hits or misidentification errors; 

5 and 

6 (B) include procedures for individuals to— 

7 (i) seek corrections of data contained 

8 in the databases or data systems; and 

9 (ii) appeal decisions concerning data 

10 contained in the databases or data sys11 tems. 

12 (h) IMPLEMENTATION.— 

13 (1) PHASE I.—The Secretary shall— 

14 (A) develop plans for, and begin implemen15 tation of, a single program for registered trav16 elers to expedite travel across the border, as re17 quired under section ll03(g); 

18 (B) continue the implementation of a bio19 metric exit and entry data system that links to 

20 relevant databases and data systems, as re21 quired by subsections (c) through (f) of section 

22 ll03 and other existing authorities; 

23 (C) centralize the ‘‘no-fly’’ and ‘‘automatic24 selectee’’ lists, making use of improved terror-
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1 ists watch lists, as required by section 

2 lll03; 

3 (D) develop plans, in consultation with 

4 other relevant agencies, for the sharing of ter5 rorist information with trusted governments, as 

6 required by section ll05; 

7 (E) initiate any other action determined 

8 appropriate by the Secretary to facilitate the 

9 implementation of this paragraph; and 

10 (F) report to Congress on the implementa11 tion of phase I, including— 

12 (i) the effectiveness of actions taken, 

13 the efficacy of resources expended, compli14 ance with statutory provisions, and safe15 guards for privacy and civil liberties; and 

16 (ii) plans for the development and im17 plementation of phases II and III. 

18 (2) PHASE II.—The Secretary shall— 

19 (A) complete the implementation of a sin20 gle program for registered travelers to expedite 

21 travel across the border, as required by section 

22 ll03(g); 

23 (B) complete the implementation of a bio24 metric entry and exit data system that links to 

25 relevant databases and data systems, as re-
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1 quired by subsections (c) through (f) of section 

2 ll03, and other existing authorities; 

3 (C) in cooperation with other relevant 

4 agencies, engage in dialogue with foreign gov5 ernments to develop plans for the use of com6 mon screening standards; 

7 (D) initiate any other action determined 

8 appropriate by the Secretary to facilitate the 

9 implementation of this paragraph; and 

10 (E) report to Congress on the implementa11 tion of phase II, including— 

12 (i) the effectiveness of actions taken, 

13 the efficacy of resources expended, compli14 ance with statutory provisions, and safe15 guards for privacy and civil liberties; and 

16 (ii) the plans for the development and 

17 implementation of phase III. 

18 (3) PHASE III.—The Secretary shall— 

19 (A) finalize and deploy the integrated 

20 screening system required by subsection (a); 

21 (B) in cooperation with other relevant 

22 agencies, promote the implementation of com23 mon screening standards by foreign govern24 ments; and 
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1 (C) report to Congress on the implementa2 tion of Phase III, including— 

3 (i) the effectiveness of actions taken, 

4 the efficacy of resources expended, compli5 ance with statutory provisions, and safe6 guards for privacy and civil liberties; and 

7 (ii) the plans for the ongoing oper8 ation of the integrated screening system. 

9 (i) REPORT.—After phase III has been implemented, 

10 the Secretary shall submit a report to Congress every 3 

11 years that describes the ongoing operation of the inte12 grated screening system, including its effectiveness, effi13 cient use of resources, compliance with statutory provi14 sions, and safeguards for privacy and civil liberties. 

15 (j) AUTHORIZATIONS.—There are authorized to be 

16 appropriated to the Secretary for each of the fiscal years 

17 2005 through 2009, such sums as may be necessary to 

18 carry out the provisions of this section. 

19 SEC. 1023. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 

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

22 States, Congress finds that completing a biometric entry 

23 and exit data system as expeditiously as possible is an es24 sential investment in efforts to protect the United States 

25 by preventing the entry of terrorists. 
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1 (b) DEFINITION.—In this section, the term ‘‘entry 

2 and exit data system’’ means the entry and exit system 

3 required by applicable sections of— 

4 (1) the Illegal Immigration Reform and Immi5 grant Responsibility Act of 1996 (Public Law 104– 

6 208); 

7 (2) the Immigration and Naturalization Service 

8 Data Management Improvement Act of 2000 (Public 

9 Law 106–205); 

10 (3) the Visa Waiver Permanent Program Act 

11 (Public Law 106–396); 

12 (4) the Enhanced Border Security and Visa 

13 Entry Reform Act of 2002 (Public Law 107–173); 

14 and 

15 (5) the Uniting and Strengthening America by 

16 Providing Appropriate Tools Required to Intercept 

17 and Obstruct Terrorism (USA PATRIOT ACT) Act 

18 of 2001 (Public Law 107–56). 

19 (c) PLAN AND REPORT.— 

20 (1) DEVELOPMENT OF PLAN.—The Secretary 

21 of Homeland Security shall develop a plan to accel22 erate the full implementation of an automated bio23 metric entry and exit data system. 

24 (2) REPORT.—Not later than 180 days after 

25 the date of enactment of this Act, the Secretary 
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1 shall submit a report to Congress on the plan devel2 oped under paragraph (1), which shall contain— 

3 (A) a description of the current 

4 functionality of the entry and exit data system, 

5 including— 

6 (i) a listing of ports of entry and 

7 other Department of Homeland Security 

8 and Department of State locations with bi9 ometric entry data systems in use and 

10 whether such screening systems are located 

11 at primary or secondary inspection areas; 

12 (ii) a listing of ports of entry and 

13 other Department of Homeland Security 

14 and Department of State locations with bi15 ometric exit data systems in use; 

16 (iii) a listing of databases and data 

17 systems with which the entry and exit data 

18 system are interoperable; 

19 (iv) a description of— 

20 (I) identified deficiencies con21 cerning the accuracy or integrity of 

22 the information contained in the entry 

23 and exit data system; 

24 (II) identified deficiencies con25 cerning technology associated with 
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1 processing individuals through the 

2 system; and 

3 (III) programs or policies 

4 planned or implemented to correct 

5 problems identified in subclause (I) or 

6 (II); and 

7 (v) an assessment of the effectiveness 

8 of the entry and exit data system in ful9 filling its intended purposes, including pre10 venting terrorists from entering the United 

11 States; 

12 (B) a description of factors relevant to the 

13 accelerated implementation of the biometric 

14 entry and exit data system, including— 

15 (i) the earliest date on which the Sec16 retary estimates that full implementation 

17 of the biometric entry and exit data system 

18 can be completed; 

19 (ii) the actions the Secretary will take 

20 to accelerate the full implementation of the 

21 biometric entry and exit data system at all 

22 ports of entry through which all aliens 

23 must pass that are legally required to do 

24 so; and 
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1 (iii) the resources and authorities re2 quired to enable the Secretary to meet the 

3 implementation date described in clause 

4 (i); 

5 (C) a description of any improvements 

6 needed in the information technology employed 

7 for the biometric entry and exit data system; 

8 (D) a description of plans for improved or 

9 added interoperability with any other databases 

10 or data systems; and 

11 (E) a description of the manner in which 

12 the Department of Homeland Security’s US13 VISIT program— 

14 (i) meets the goals of a comprehensive 

15 entry and exit screening system, including 

16 both entry and exit biometric; and 

17 (ii) fulfills the statutory obligations 

18 under subsection (b). 

19 (d) COLLECTION OF BIOMETRIC EXIT DATA.—The 

20 entry and exit data system shall include a requirement for 

21 the collection of biometric exit data for all categories of 

22 individuals who are required to provide biometric entry 

23 data, regardless of the port of entry where such categories 

24 of individuals entered the United States. 

25 (e) INTEGRATION AND INTEROPERABILITY.— 
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1 (1) INTEGRATION OF DATA SYSTEM.—Not later 

2 than 2 years after the date of enactment of this Act, 

3 the Secretary shall fully integrate all databases and 

4 data systems that process or contain information on 

5 aliens, which are maintained by— 

6 (A) the Department of Homeland Security, 

7 at— 

8 (i) the United States Immigration and 

9 Customs Enforcement; 

10 (ii) the United States Customs and 

11 Border Protection; and 

12 (iii) the United States Citizenship and 

13 Immigration Services; 

14 (B) the Department of Justice, at the Ex15 ecutive Office for Immigration Review; and 

16 (C) the Department of State, at the Bu17 reau of Consular Affairs. 

18 (2) INTEROPERABLE COMPONENT.—The fully 

19 integrated data system under paragraph (1) shall be 

20 an interoperable component of the entry and exit 

21 data system. 

22 (3) INTEROPERABLE DATA SYSTEM.—Not later 

23 than 2 years after the date of enactment of this Act, 

24 the Secretary shall fully implement an interoperable 

25 electronic data system, as required by section 202 of 
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1 the Enhanced Border Security and Visa Entry Re2 form Act (8 U.S.C. 1722) to provide current and 

3 immediate access to information in the databases of 

4 Federal law enforcement agencies and the intel5 ligence community that is relevant to determine— 

6 (A) whether to issue a visa; or 

7 (B) the admissibility or deportability of an 

8 alien. 

9 (f) MAINTAINING ACCURACY AND INTEGRITY OF

10 ENTRY AND EXIT DATA SYSTEM.— 

11 (1) IN GENERAL.—The Secretary shall establish 

12 rules, guidelines, policies, and operating and audit13 ing procedures for collecting, removing, and updat14 ing data maintained in, and adding information to, 

15 the entry and exit data system that ensure the accu16 racy and integrity of the data. 

17 (2) DATA MAINTENANCE PROCEDURES.—Heads 

18 of agencies that have databases or data systems 

19 linked to the entry and exit data system shall estab20 lish rules, guidelines, policies, and operating and au21 diting procedures for collecting, removing, and up22 dating data maintained in, and adding information 

23 to, such databases or data systems that ensure the 

24 accuracy and integrity of the data. 
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1 (3) REQUIREMENTS.—The rules, guidelines, 

2 policies, and procedures established under this sub3 section shall— 

4 (A) incorporate a simple and timely meth5 od for— 

6 (i) correcting errors; 

7 (ii) determining which government 

8 agency or entity provided data so that the 

9 accuracy of the data can be ascertained; 

10 and 

11 (iii) clarifying information known to 

12 cause false hits or misidentification errors; 

13 and 

14 (B) include procedures for individuals to— 

15 (i) seek corrections of data contained 

16 in the databases or data systems; and 

17 (ii) appeal decisions concerning data 

18 contained in the databases or data sys19 tems. 

20 (g) EXPEDITING REGISTERED TRAVELERS ACROSS

21 INTERNATIONAL BORDERS.— 

22 (1) FINDINGS.—Consistent with the report of 

23 the National Commission on Terrorist Attacks Upon 

24 the United States, Congress finds that— 
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1 (A) expediting the travel of previously 

2 screened and known travelers across the bor3 ders of the United States should be a high pri4 ority; and 

5 (B) the process of expediting known trav6 elers across the borders of the United States 

7 can permit inspectors to better focus on identi8 fying terrorists attempting to enter the United 

9 States. 

10 (2) DEFINITION.—In this subsection, the term 

11 ‘‘registered traveler program’’ means any program 

12 designed to expedite the travel of previously screened 

13 and known travelers across the borders of the 

14 United States. 

15 (3) REGISTERED TRAVEL PROGRAM.— 

16 (A) IN GENERAL.—As soon as is prac17 ticable, the Secretary shall develop and imple18 ment a registered traveler program to expedite 

19 the processing of registered travelers who enter 

20 and exit the United States. 

21 (B) PARTICIPATION.—The registered trav22 eler program shall include as many participants 

23 as practicable by— 

24 (i) minimizing the cost of enrollment; 
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1 (ii) making program enrollment con2 venient and easily accessible; and 

3 (iii) providing applicants with clear 

4 and consistent eligibility guidelines. 

5 (C) INTEGRATION.—The registered trav6 eler program shall be integrated into the auto7 mated biometric entry and exit data system de8 scribed in this section. 

9 (D) REVIEW AND EVALUATION.—In devel10 oping the registered traveler program, the Sec11 retary shall— 

12 (i) review existing programs or pilot 

13 projects designed to expedite the travel of 

14 registered travelers across the borders of 

15 the United States; 

16 (ii) evaluate the effectiveness of the 

17 programs described in clause (i), the costs 

18 associated with such programs, and the 

19 costs to travelers to join such programs; 

20 (iii) increase research and develop21 ment efforts to accelerate the development 

22 and implementation of a single registered 

23 traveler program; and 
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1 (iv) review the feasibility of allowing 

2 participants to enroll in the registered 

3 traveler program at consular offices. 

4 (4) REPORT.—Not later than 1 year after the 

5 date of enactment of this Act, the Secretary shall 

6 submit to Congress a report describing the Depart7 ment’s progress on the development and implemen8 tation of the registered traveler program. 

9 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary, for 

11 each of the fiscal years 2005 through 2009, such sums 

12 as may be necessary to carry out the provisions of this 

13 section. 

14 SEC. 1024. TRAVEL DOCUMENTS. 

15 (a) FINDINGS.—Consistent with the report of the Na16 tional Commission on Terrorist Attacks Upon the United 

17 States, Congress finds that— 

18 (1) existing procedures allow many individuals 

19 to enter the United States by showing minimal iden20 tification or without showing any identification; 

21 (2) the planning for the terrorist attacks of 

22 September 11, 2001, demonstrates that terrorists 

23 study and exploit United States vulnerabilities; and 

24 (3) additional safeguards are needed to ensure 

25 that terrorists cannot enter the United States. 
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1 (b) BIOMETRIC PASSPORTS.— 

2 (1) DEVELOPMENT OF PLAN.—The Secretary 

3 of State, in consultation with the Secretary of 

4 Homeland Security, shall develop and implement a 

5 plan as expeditiously as possible to require biometric 

6 passports or other identification deemed by the Sec7 retary of State to be at least as secure as a biomet8 ric passport, for all travel into the United States by 

9 United States citizens and by categories of individ10 uals for whom documentation requirements have 

11 previously been waived under section 212(d)(4)(B) 

12 of the Immigration and Nationality Act (8 U.S.C. 

13 1182(d)(4)(B)). 

14 (2) REQUIREMENT TO PRODUCE DOCUMENTA15 TION.—The plan developed under paragraph (1) 

16 shall require all United States citizens, and cat17 egories of individuals for whom documentation re18 quirements have previously been waived under sec19 tion 212(d)(4)(B) of such Act, to carry and produce 

20 the documentation described in paragraph (1) when 

21 traveling from foreign countries into the United 

22 States. 

23 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 After the complete implementation of the plan described 

25 in subsection (b)— 
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1 (1) neither the Secretary of State nor the Sec2 retary of Homeland Security may exercise discretion 

3 under section 212(d)(4)(B) of such Act to waive 

4 documentary requirements for travel into the United 

5 States; and 

6 (2) the President may not exercise discretion 

7 under section 215(b) of such Act (8 U.S.C. 1185(b)) 

8 to waive documentary requirements for United 

9 States citizens departing from or entering, or at10 tempting to depart from or enter, the United States 

11 except— 

12 (A) where the Secretary of State, in con13 sultation with the Secretary of Homeland Secu14 rity, determines that the alternative documenta15 tion that is the basis for the waiver of the docu16 mentary requirement is at least as secure as a 

17 biometric passport; 

18 (B) in the case of an unforeseen emer19 gency in individual cases; or 

20 (C) in the case of humanitarian or national 

21 interest reasons in individual cases. 

22 (d) TRANSIT WITHOUT VISA PROGRAM.—The Sec23 retary of State shall not use any authorities granted under 

24 section 212(d)(4)(C) of such Act until the Secretary, in 

25 conjunction with the Secretary of Homeland Security, 
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1 completely implements a security plan to fully ensure se2 cure transit passage areas to prevent aliens proceeding in 

3 immediate and continuous transit through the United 

4 States from illegally entering the United States. 

5 SEC. 1025. EXCHANGE OF TERRORIST INFORMATION AND 

6 INCREASED PREINSPECTION AT FOREIGN 

7 AIRPORTS. 

8 (a) FINDINGS.—Consistent with the report of the Na9 tional Commission on Terrorist Attacks Upon the United 

10 States, Congress finds that— 

11 (1) the exchange of terrorist information with 

12 other countries, consistent with privacy require13 ments, along with listings of lost and stolen pass14 ports, will have immediate security benefits; and 

15 (2) the further away from the borders of the 

16 United States that screening occurs, the more secu17 rity benefits the United States will gain. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the United States Government should ex21 change terrorist information with trusted allies; 

22 (2) the United States Government should move 

23 toward real-time verification of passports with 

24 issuing authorities; 
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1 (3) where practicable the United States Govern2 ment should conduct screening before a passenger 

3 departs on a flight destined for the United States; 

4 (4) the United States Government should work 

5 with other countries to ensure effective inspection 

6 regimes at all airports; 

7 (5) the United States Government should work 

8 with other countries to improve passport standards 

9 and provide foreign assistance to countries that need 

10 help making the transition to the global standard for 

11 identification; and 

12 (6) the Department of Homeland Security, in 

13 coordination with the Department of State and other 

14 agencies, should implement the initiatives called for 

15 in this subsection. 

16 (c) REPORT REGARDING THE EXCHANGE OF TER17 RORIST INFORMATION.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, the Sec20 retary of State and the Secretary of Homeland Secu21 rity, working with other agencies, shall submit to the 

22 appropriate committees of Congress a report on 

23 Federal efforts to collaborate with allies of the 

24 United States in the exchange of terrorist informa25 tion. 
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1 (2) CONTENTS.—The report shall outline— 

2 (A) strategies for increasing such collabo3 ration and cooperation; 

4 (B) progress made in screening passengers 

5 before their departure to the United States; and 

6 (C) efforts to work with other countries to 

7 accomplish the goals described under this sec8 tion. 

9 (d) PREINSPECTION AT FOREIGN AIRPORTS.— 

10 (1) IN GENERAL.—Section 235A(a)(4) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1225a(a)(4)) is amended to read as follows: 

13 ‘‘(4) Subject to paragraph (5), not later than 

14 January 1, 2008, the Secretary of Homeland Secu15 rity, in consultation with the Secretary of State, 

16 shall establish preinspection stations in at least 25 

17 additional foreign airports, which the Secretary of 

18 Homeland Security, in consultation with the Sec19 retary of State, determines, based on the data com20 piled under paragraph (3) and such other informa21 tion as may be available, would most effectively fa22 cilitate the travel of admissible aliens and reduce the 

23 number of inadmissible aliens, especially aliens who 

24 are potential terrorists, who arrive from abroad by 

25 air at points of entry within the United States. Such 
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1 preinspection stations shall be in addition to those 

2 established prior to September 30, 1996, or pursu3 ant to paragraph (1).’’. 

4 (2) REPORT.—Not later than June 30, 2006, 

5 the Secretary of Homeland Security and the Sec6 retary of State shall submit a report on the progress 

7 being made in implementing the amendment made 

8 by paragraph (1) to— 

9 (A) the Committee on the Judiciary of the 

10 Senate; 

11 (B) the Committee on the Judiciary of the 

12 House of Representatives; 

13 (C) the Committee on Foreign Relations of 

14 the Senate; and 

15 (D) the Committee on International Rela16 tions of the House of Representatives. 

17 SEC. 1026. MINIMUM STANDARDS FOR BIRTH CERTIFI18 CATES. 

19 (a) DEFINITION.—In this section, the term ‘birth cer20 tificate’ means a certificate of birth— 

21 (1) for an individual (regardless of where 

22 born)— 

23 (A) who is a citizen or national of the 

24 United States at birth; and 
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1 (B) whose birth is registered in the United 

2 States; and 

3 (2) that— 

4 (A) is issued by a Federal, State, or local 

5 government agency or authorized custodian of 

6 record and produced from birth records main7 tained by such agency or custodian of record; or 

8 (B) is an authenticated copy, issued by a 

9 Federal, State, or local government agency or 

10 authorized custodian of record, of an original 

11 certificate of birth issued by such agency or 

12 custodian of record. 

13 (b) STANDARDS FOR ACCEPTANCE BY FEDERAL

14 AGENCIES.— 

15 (1) IN GENERAL.—Beginning 2 years after the 

16 promulgation of minimum standards under para17 graph (3), no Federal agency may accept a birth 

18 certificate for any official purpose unless the certifi19 cate conforms to such standards. 

20 (2) STATE CERTIFICATION.— 

21 (A) IN GENERAL.—Each State shall certify 

22 to the Secretary of Health and Human Services 

23 that the State is in compliance with the require24 ments of this section. 
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1 (B) FREQUENCY.—Certifications under 

2 subparagraph (A) shall be made at such inter3 vals and in such a manner as the Secretary of 

4 Health and Human Services, with the concur5 rence of the Secretary of Homeland Security 

6 and the Commissioner of Social Security, may 

7 prescribe by regulation. 

8 (C) COMPLIANCE.—Each State shall en9 sure that units of local government and other 

10 authorized custodians of records in the State 

11 comply with this section. 

12 (D) AUDITS.—The Secretary of Health 

13 and Human Services may conduct periodic au14 dits of each State’s compliance with the require15 ments of this section. 

16 (3) MINIMUM STANDARDS.—Not later than 1 

17 year after the date of enactment of this Act, the 

18 Secretary of Health and Human Services shall by 

19 regulation establish minimum standards for birth 

20 certificates for use by Federal agencies for official 

21 purposes that— 

22 (A) at a minimum, shall require certifi23 cation of the birth certificate by the State or 

24 local government custodian of record that 

25 issued the certificate, and shall require the use 
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1 of safety paper or an alternative, equally secure 

2 medium, the seal of the issuing custodian of 

3 record, and other features designed to prevent 

4 tampering, counterfeiting, or otherwise dupli5 cating the birth certificate for fraudulent pur6 poses; 

7 (B) shall establish requirements for proof 

8 and verification of identity as a condition of 

9 issuance of a birth certificate, with additional 

10 security measures for the issuance of a birth 

11 certificate for a person who is not the applicant; 

12 (C) shall establish standards for the proc13 essing of birth certificate applications to pre14 vent fraud; 

15 (D) may not require a single design to 

16 which birth certificates issued by all States 

17 must conform; and 

18 (E) shall accommodate the differences be19 tween the States in the manner and form in 

20 which birth records are stored and birth certifi21 cates are produced from such records. 

22 (4) CONSULTATION WITH GOVERNMENT AGEN23 CIES.—In promulgating the standards required 

24 under paragraph (3), the Secretary of Health and 

25 Human Services shall consult with— 
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1 (A) the Secretary of Homeland Security; 

2 (B) the Commissioner of Social Security; 

3 (C) State vital statistics offices; and 

4 (D) other appropriate Federal agencies. 

5 (5) EXTENSION OF EFFECTIVE DATE.—The 

6 Secretary of Health and Human Services may ex7 tend the date specified under paragraph (1) for up 

8 to 2 years for birth certificates issued by a State if 

9 the Secretary determines that the State made rea10 sonable efforts to comply with the date under para11 graph (1) but was unable to do so. 

12 (c) GRANTS TO STATES.— 

13 (1) ASSISTANCE IN MEETING FEDERAL STAND14 ARDS.— 

15 (A) IN GENERAL.—Beginning on the date 

16 a final regulation is promulgated under sub17 section (b)(3), the Secretary of Health and 

18 Human Services shall award grants to States to 

19 assist them in conforming to the minimum 

20 standards for birth certificates set forth in the 

21 regulation. 

22 (B) ALLOCATION OF GRANTS.—The Sec23 retary shall award grants to States under this 

24 paragraph based on the proportion that the es25 timated average annual number of birth certifi-
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1 cates issued by a State applying for a grant 

2 bears to the estimated average annual number 

3 of birth certificates issued by all States. 

4 (C) MINIMUM ALLOCATION.—Notwith5 standing subparagraph (B), each State shall re6 ceive not less than 0.5 percent of the grant 

7 funds made available under this paragraph. 

8 (2) ASSISTANCE IN MATCHING BIRTH AND

9 DEATH RECORDS.— 

10 (A) IN GENERAL.—The Secretary of 

11 Health and Human Services, in coordination 

12 with the Commissioner of Social Security and 

13 other appropriate Federal agencies, shall award 

14 grants to States, under criteria established by 

15 the Secretary, to assist States in— 

16 (i) computerizing their birth and 

17 death records; 

18 (ii) developing the capability to match 

19 birth and death records within each State 

20 and among the States; and 

21 (iii) noting the fact of death on the 

22 birth certificates of deceased persons. 

23 (B) ALLOCATION OF GRANTS.—The Sec24 retary shall award grants to qualifying States 

25 under this paragraph based on the proportion 
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1 that the estimated annual average number of 

2 birth and death records created by a State ap3 plying for a grant bears to the estimated annual 

4 average number of birth and death records 

5 originated by all States. 

6 (C) MINIMUM ALLOCATION.—Notwith7 standing subparagraph (B), each State shall re8 ceive not less than 0.5 percent of the grant 

9 funds made available under this paragraph. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary for 

12 each of the fiscal years 2005 through 2009 such sums as 

13 may be necessary to carry out this section. 

14 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 Section 656 of the Illegal Immigration Reform and Immi16 grant Responsibility Act of 1996 (5 U.S.C. 301 note) is 

17 repealed. 

18 SEC. 1027. DRIVER’S LICENSES AND PERSONAL IDENTI19 FICATION CARDS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) DRIVER’S LICENSE.—The term ‘driver’s li22 cense’ means a motor vehicle operator’s license as 

23 defined in section 30301(5) of title 49, United 

24 States Code. 
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1 (2) PERSONAL IDENTIFICATION CARD.—The 

2 term ‘personal identification card’ means an identi3 fication document (as defined in section 1028(d)(3) 

4 of title 18, United States Code) issued by a State. 

5 (b) STANDARDS FOR ACCEPTANCE BY FEDERAL

6 AGENCIES.— 

7 (1) IN GENERAL.— 

8 (A) LIMITATION ON ACCEPTANCE.—No 

9 Federal agency may accept, for any official pur10 pose, a driver’s license or personal identification 

11 card newly issued by a State more than 2 years 

12 after the promulgation of the minimum stand13 ards under paragraph (2) unless the driver’s li14 cense or personal identification card conforms 

15 to such minimum standards. 

16 (B) DATE FOR CONFORMANCE.—The Sec17 retary of Transportation, in consultation with 

18 the Secretary of Homeland Security, shall es19 tablish a date after which no driver’s license or 

20 personal identification card shall be accepted by 

21 a Federal agency for any official purpose unless 

22 such driver’s license or personal identification 

23 card conforms to the minimum standards estab24 lished under paragraph (2). The date shall be 

25 as early as the Secretary determines it is prac-
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1 ticable for the States to comply with such date 

2 with reasonable efforts. 

3 (C) STATE CERTIFICATION.— 

4 (i) IN GENERAL.—Each State shall 

5 certify to the Secretary of Transportation 

6 that the State is in compliance with the re7 quirements of this section. 

8 (ii) FREQUENCY.—Certifications 

9 under clause (i) shall be made at such in10 tervals and in such a manner as the Sec11 retary of Transportation, with the concur12 rence of the Secretary of Homeland Secu13 rity, may prescribe by regulation. 

14 (iii) AUDITS.—The Secretary of 

15 Transportation may conduct periodic au16 dits of each State’s compliance with the re17 quirements of this section. 

18 (2) MINIMUM STANDARDS.—Not later than 18 

19 months after the date of enactment of this Act, the 

20 Secretary of Transportation, in consultation with the 

21 Secretary of Homeland Security, shall by regulation, 

22 establish minimum standards for driver’s licenses or 

23 personal identification cards issued by a State for 

24 use by Federal agencies for identification purposes 

25 that shall include— 
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1 (A) standards for documentation required 

2 as proof of identity of an applicant for a driv3 er’s license or personal identification card; 

4 (B) standards for the verifiability of docu5 ments used to obtain a driver’s license or per6 sonal identification card; 

7 (C) standards for the processing of appli8 cations for driver’s licenses and personal identi9 fication cards to prevent fraud; 

10 (D) security standards to ensure that driv11 er’s licenses and personal identification cards 

12 are— 

13 (i) resistant to tampering, alteration, 

14 or counterfeiting; and 

15 (ii) capable of accommodating and en16 suring the security of a digital photograph 

17 or other unique identifier; and 

18 (E) a requirement that a State confiscate 

19 a driver’s license or personal identification card 

20 if any component or security feature of the li21 cense or identification card is compromised. 

22 (3) CONTENT OF REGULATIONS.—The regula23 tions required by paragraph (2)— 

24 (A) shall facilitate communication between 

25 the chief driver licensing official of a State, an 
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1 appropriate official of a Federal agency and 

2 other relevant officials, to verify the authen3 ticity of documents, as appropriate, issued by 

4 such Federal agency or entity and presented to 

5 prove the identity of an individual; 

6 (B) may not infringe on a State’s power to 

7 set criteria concerning what categories of indi8 viduals are eligible to obtain a driver’s license 

9 or personal identification card from that State; 

10 (C) may not require a State to comply with 

11 any such regulation that conflicts with or other12 wise interferes with the full enforcement of 

13 State criteria concerning the categories of indi14 viduals that are eligible to obtain a driver’s li15 cense or personal identification card from that 

16 State; 

17 (D) may not require a single design to 

18 which driver’s licenses or personal identification 

19 cards issued by all States must conform; and 

20 (E) shall include procedures and require21 ments to protect the privacy and civil and due 

22 process rights of individuals who apply for and 

23 hold driver’s licenses and personal identification 

24 cards. 

25 (4) NEGOTIATED RULEMAKING.— 
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1 (A) IN GENERAL.—Before publishing the 

2 proposed regulations required by paragraph (2) 

3 to carry out this title, the Secretary of Trans4 portation shall establish a negotiated rule5 making process pursuant to subchapter IV of 

6 chapter 5 of title 5, United States Code (5 

7 U.S.C. 561 et seq.). 

8 (B) REPRESENTATION ON NEGOTIATED

9 RULEMAKING COMMITTEE.—Any negotiated 

10 rulemaking committee established by the Sec11 retary of Transportation pursuant to subpara12 graph (A) shall include representatives from— 

13 (i) among State offices that issue 

14 driver’s licenses or personal identification 

15 cards; 

16 (ii) among State elected officials; 

17 (iii) the Department of Homeland Se18 curity; and 

19 (iv) among interested parties, includ20 ing organizations with technological and 

21 operational expertise in document security 

22 and organizations that represent the inter23 ests of applicants for such licenses or iden24 tification cards. 
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1 (C) TIME REQUIREMENT.—The process de2 scribed in subparagraph (A) shall be conducted 

3 in a timely manner to ensure that— 

4 (i) any recommendation for a pro5 posed rule or report is provided to the Sec6 retary of Transportation not later than 9 

7 months after the date of enactment of this 

8 Act and shall include an assessment of the 

9 benefits and costs of the recommendation; 

10 and 

11 (ii) a final rule is promulgated not 

12 later than 18 months after the date of en13 actment of this Act. 

14 (c) GRANTS TO STATES.— 

15 (1) ASSISTANCE IN MEETING FEDERAL STAND16 ARDS.—Beginning on the date a final regulation is 

17 promulgated under subsection (b)(2), the Secretary 

18 of Transportation shall award grants to States to 

19 assist them in conforming to the minimum stand20 ards for driver’s licenses and personal identification 

21 cards set forth in the regulation. 

22 (2) ALLOCATION OF GRANTS.—The Secretary 

23 of Transportation shall award grants to States 

24 under this subsection based on the proportion that 

25 the estimated average annual number of driver’s li-
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1 censes and personal identification cards issued by a 

2 State applying for a grant bears to the average an3 nual number of such documents issued by all States. 

4 (3) MINIMUM ALLOCATION.—Notwithstanding 

5 paragraph (2), each State shall receive not less than 

6 0.5 percent of the grant funds made available under 

7 this subsection. 

8 (d) EXTENSION OF EFFECTIVE DATE.—The Sec9 retary of Transportation may extend the date specified 

10 under subsection (b)(1)(A) for up to 2 years for driver’s 

11 licenses issued by a State if the Secretary determines that 

12 the State made reasonable efforts to comply with the date 

13 under such subsection but was unable to do so. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary of 

16 Transportation for each of the fiscal years 2005 through 

17 2009, such sums as may be necessary to carry out this 

18 section. 

19 SEC. 1028. SOCIAL SECURITY CARDS. 

20 (a) SECURITY ENHANCEMENTS.—The Commissioner 

21 of Social Security shall— 

22 (1) not later than 180 days after the date of 

23 enactment of this section, issue regulations to re24 strict the issuance of multiple replacement social se25 curity cards to any individual to minimize fraud; 
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1 (2) within 1 year after the date of enactment 

2 of this section, require verification of records pro3 vided by an applicant for an original social security 

4 card, other than for purposes of enumeration at 

5 birth; and 

6 (3) within 18 months after the date of enact7 ment of this section, add death, fraud, and work au8 thorization indicators to the social security number 

9 verification system. 

10 (b) INTERAGENCY SECURITY TASK FORCE.—The 

11 Commissioner of Social Security, in consultation with the 

12 Secretary of Homeland Security, shall form an inter13 agency task force for the purpose of further improving the 

14 security of social security cards and numbers. Not later 

15 than 1 year after the date of enactment of this section, 

16 the task force shall establish security requirements, in17 cluding— 

18 (1) standards for safeguarding social security 

19 cards from counterfeiting, tampering, alteration, and 

20 theft; 

21 (2) requirements for verifying documents sub22 mitted for the issuance of replacement cards; and 

23 (3) actions to increase enforcement against the 

24 fraudulent use or issuance of social security numbers 

25 and cards. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Commissioner of 

3 Social Security for each of the fiscal years 2005 through 

4 2009, such sums as may be necessary to carry out this 

5 section. 

6 SEC. 1029. EFFECTIVE DATE. 

7 Notwithstanding any other provision of this Act, this 

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

9 Subtitle C—Transportation 

10 Security 

11 SEC. 1031. DEFINITIONS. 

12 In this title, the terms ‘‘air carrier’’, ‘‘air transpor13 tation’’, ‘‘aircraft’’, ‘‘airport’’, ‘‘cargo’’, ‘‘foreign air car14 rier’’, and ‘‘intrastate air transportation’’ have the mean15 ings given such terms in section 40102 of title 49, United 

16 States Code. 

17 SEC. 1032. NATIONAL STRATEGY FOR TRANSPORTATION SE18 CURITY. 

19 (a) REQUIREMENT FOR STRATEGY.— 

20 (1) RESPONSIBILITIES OF SECRETARY OF

21 HOMELAND SECURITY.—The Secretary of Homeland 

22 Security shall— 

23 (A) develop and implement a National 

24 Strategy for Transportation Security; and 
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1 (B) revise such strategy whenever nec2 essary to improve or to maintain the currency 

3 of the strategy or whenever the Secretary other4 wise considers it appropriate to do so. 

5 (2) CONSULTATION WITH SECRETARY OF

6 TRANSPORTATION.—The Secretary of Homeland Se7 curity shall consult with the Secretary of Transpor8 tation in developing and revising the National Strat9 egy for Transportation Security under this section. 

10 (b) CONTENT.—The National Strategy for Transpor11 tation Security shall include the following matters: 

12 (1) An identification and evaluation of the 

13 transportation assets within the United States that, 

14 in the interests of national security, must be pro15 tected from attack or disruption by terrorist or other 

16 hostile forces, including aviation, bridge and tunnel, 

17 commuter rail and ferry, highway, maritime, pipe18 line, rail, urban mass transit, and other public trans19 portation infrastructure assets that could be at risk 

20 of such an attack or disruption. 

21 (2) The development of the risk-based prior22 ities, and realistic deadlines, for addressing security 

23 needs associated with those assets. 
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1 (3) The most practical and cost-effective means 

2 of defending those assets against threats to their se3 curity. 

4 (4) A forward-looking strategic plan that as5 signs transportation security roles and missions to 

6 departments and agencies of the Federal Govern7 ment (including the Armed Forces), State govern8 ments (including the Army National Guard and Air 

9 National Guard), local governments, and public utili10 ties, and establishes mechanisms for encouraging 

11 private sector cooperation and participation in the 

12 implementation of such plan. 

13 (5) A comprehensive delineation of response 

14 and recovery responsibilities and issues regarding 

15 threatened and executed acts of terrorism within the 

16 United States. 

17 (6) A prioritization of research and development 

18 objectives that support transportation security 

19 needs, giving a higher priority to research and devel20 opment directed toward protecting vital assets. 

21 (7) A budget and recommendations for appro22 priate levels and sources of funding to meet the ob23 jectives set forth in the strategy. 

24 (c) SUBMISSIONS TO CONGRESS.— 

25 (1) THE NATIONAL STRATEGY.— 
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1 (A) INITIAL STRATEGY.—The Secretary of 

2 Homeland Security shall submit the National 

3 Strategy for Transportation Security developed 

4 under this section to Congress not later than 

5 April 1, 2005. 

6 (B) SUBSEQUENT VERSIONS.—After 2005, 

7 the Secretary of Homeland Security shall sub8 mit the National Strategy for Transportation 

9 Security, including any revisions, to Congress 

10 not less frequently than April 1 of each even11 numbered year. 

12 (2) PERIODIC PROGRESS REPORT.— 

13 (A) REQUIREMENT FOR REPORT.—Each 

14 year, in conjunction with the submission of the 

15 budget to Congress under section 1105(a) of 

16 title 31, United States Code, the Secretary of 

17 Homeland Security shall submit to Congress an 

18 assessment of the progress made on imple19 menting the National Strategy for Transpor20 tation Security. 

21 (B) CONTENT.—Each progress report 

22 under this paragraph shall include, at a min23 imum, the following matters: 

24 (i) An assessment of the adequacy of 

25 the resources committed to meeting the ob-
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1 jectives of the National Strategy for 

2 Transportation Security. 

3 (ii) Any recommendations for improv4 ing and implementing that strategy that 

5 the Secretary, in consultation with the Sec6 retary of Transportation, considers appro7 priate. 

8 (3) CLASSIFIED MATERIAL.—Any part of the 

9 National Strategy for Transportation Security that 

10 involves information that is properly classified under 

11 criteria established by Executive order shall be sub12 mitted to Congress separately in classified form. 

13 (d) PRIORITY STATUS.— 

14 (1) IN GENERAL.—The National Strategy for 

15 Transportation Security shall be the governing docu16 ment for Federal transportation security efforts. 

17 (2) OTHER PLANS AND REPORTS.—The Na18 tional Strategy for Transportation Security shall in19 clude, as an integral part or as an appendix— 

20 (A) the current National Maritime Trans21 portation Security Plan under section 70103 of 

22 title 46, United States Code; 

23 (B) the report required by section 44938 

24 of title 49, United States Code; and 
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1 (C) any other transportation security plan 

2 or report that the Secretary of Homeland Secu3 rity determines appropriate for inclusion. 

4 SEC. 1033. USE OF WATCHLISTS FOR PASSENGER AIR 

5 TRANSPORTATION SCREENING. 

6 (a) IN GENERAL.—The Secretary of Homeland Secu7 rity, acting through the Transportation Security Adminis8 tration, as soon as practicable after the date of the enact9 ment of this Act but in no event later than 180 days after 

10 that date, shall— 

11 (1) implement a procedure under which the 

12 Transportation Security Administration compares 

13 information about passengers who are to be carried 

14 aboard a passenger aircraft operated by an air car15 rier or foreign air carrier in air transportation or 

16 intrastate air transportation for flights and flight 

17 segments originating in the United States with a 

18 comprehensive, consolidated database containing in19 formation about known or suspected terrorists and 

20 their associates; and 

21 (2) use the information obtained by comparing 

22 the passenger information with the information in 

23 the database to prevent known or suspected terror24 ists and their associates from boarding such flights 

25 or flight segments or to subject them to specific ad-
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1 ditional security scrutiny, through the use of ‘‘no 

2 fly’’ and ‘‘automatic selectee’’ lists or other means. 

3 (b) AIR CARRIER COOPERATION.—The Secretary of 

4 Homeland Security, in coordination with the Secretary of 

5 Transportation, shall by order require air carriers to pro6 vide the passenger information necessary to implement the 

7 procedure required by subsection (a). 

8 (c) MAINTAINING THE ACCURACY AND INTEGRITY OF

9 THE ‘‘NO FLY’’ AND ‘‘AUTOMATIC SELECTEE’’ LISTS.— 

10 (1) WATCHLIST DATABASE.—The Secretary of 

11 Homeland Security, in consultation with the Direc12 tor of the Federal Bureau of Investigation, shall de13 sign guidelines, policies, and operating procedures 

14 for the collection, removal, and updating of data 

15 maintained, or to be maintained, in the watchlist 

16 database described in subsection (a)(1) that are de17 signed to ensure the accuracy and integrity of the 

18 database. 

19 (2) ACCURACY OF ENTRIES.—In developing the 

20 ‘‘no fly’’ and ‘‘automatic selectee’’ lists under sub21 section (a)(2), the Secretary of Homeland Security 

22 shall establish a simple and timely method for cor23 recting erroneous entries, for clarifying information 

24 known to cause false hits or misidentification errors, 

25 and for updating relevant information that is dis-
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1 positive in the passenger screening process. The Sec2 retary shall also establish a process to provide indi3 viduals whose names are confused with, or similar 

4 to, names in the database with a means of dem5 onstrating that they are not a person named in the 

6 database. 

7 SEC. 1034. ENHANCED PASSENGER AND CARGO SCREEN8 ING. 

9 (a) AIRCRAFT PASSENGER SCREENING AT CHECK10 POINTS.— 

11 (1) DETECTION OF EXPLOSIVES.— 

12 (A) IMPROVEMENT OF CAPABILITIES.—As 

13 soon as practicable after the date of the enact14 ment of this Act, the Secretary of Homeland 

15 Security shall take such action as is necessary 

16 to improve the capabilities at passenger screen17 ing checkpoints, especially at commercial air18 ports, to detect explosives carried aboard air19 craft by passengers or placed aboard aircraft by 

20 passengers. 

21 (B) INTERIM ACTION.—Until measures are 

22 implemented that enable the screening of all 

23 passengers for explosives, the Secretary shall 

24 take immediate measures to require Transpor25 tation Security Administration or other screen-
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1 ers to screen for explosives any individual iden2 tified for additional screening before that indi3 vidual may board an aircraft. 

4 (2) IMPLEMENTATION REPORT.— 

5 (A) REQUIREMENT FOR REPORT.—Within 

6 90 days after the date of the enactment of this 

7 Act, the Secretary of Homeland Security shall 

8 transmit to the Senate and the House of Rep9 resentatives a report on how the Secretary in10 tends to achieve the objectives of the actions re11 quired under paragraph (1). The report shall 

12 include an implementation schedule. 

13 (B) CLASSIFIED INFORMATION.—The Sec14 retary may submit separately in classified form 

15 any information in the report under subpara16 graph (A) that involves information that is 

17 properly classified under criteria established by 

18 Executive order. 

19 (b) ACCELERATION OF RESEARCH AND DEVELOP20 MENT ON, AND DEPLOYMENT OF, DETECTION OF EXPLO21 SIVES.— 

22 (1) REQUIRED ACTION.—The Secretary of 

23 Homeland Security, in consultation with the Sec24 retary of Transportation, shall take such action as 

25 may be necessary to accelerate research and develop-
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1 ment and deployment of technology for screening 

2 aircraft passengers for explosives during or before 

3 the aircraft boarding process. 

4 (2) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated to the Sec6 retary such sums as are necessary to carry out this 

7 subsection for each of fiscal years 2005 through 

8 2009. 

9 (c) IMPROVEMENT OF SCREENER JOB PERFORM10 ANCE.— 

11 (1) REQUIRED ACTION.—The Secretary of 

12 Homeland Security shall take such action as may be 

13 necessary to improve the job performance of airport 

14 screening personnel. 

15 (2) HUMAN FACTORS STUDY.—In carrying out 

16 this subsection, the Secretary shall, not later than 

17 180 days after the date of the enactment of this Act, 

18 conduct a human factors study in order better to un19 derstand problems in screener performance and to 

20 set attainable objectives for individual screeners and 

21 screening checkpoints. 

22 (d) CHECKED BAGGAGE AND CARGO.— 

23 (1) IN-LINE BAGGAGE SCREENING.—The Sec24 retary of Homeland Security shall take such action 

25 as may be necessary to expedite the installation and 
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1 use of advanced in-line baggage-screening equipment 

2 at commercial airports. 

3 (2) CARGO SECURITY.—The Secretary shall 

4 take such action as may be necessary to ensure that 

5 the Transportation Security Administration in6 creases and improves its efforts to screen potentially 

7 dangerous cargo. 

8 (e) BLAST-RESISTANT CARGO AND BAGGAGE CON9 TAINERS.— 

10 (1) IN GENERAL.—The Secretary of Homeland 

11 Security, in coordination with the Secretary of 

12 Transportation— 

13 (A) shall assess the feasibility of requiring 

14 the use of blast-resistant containers for cargo 

15 and baggage on passenger aircraft to minimize 

16 the potential effects of detonation of an explo17 sive device; and 

18 (B) may require their use on some or all 

19 flights on aircraft for which such containers are 

20 available. 

21 (2) PILOT PROGRAM.—Before requiring the use 

22 of such containers on any such flights, the Secretary 

23 of Homeland Security shall conduct a pilot program 

24 to evaluate the use of currently available blast-resist25 ant containers for cargo and baggage on passenger 
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1 aircraft. In conducting the pilot program the Sec2 retary— 

3 (A) shall test the feasibility of using the 

4 containers by deploying them on participating 

5 air carrier flights; but 

6 (B) may not disclose to the public the 

7 number of blast-resistant containers being used 

8 in the program or publicly identify the flights 

9 on which the containers are used. 

10 (3) ASSISTANCE FOR PARTICIPATION IN PILOT

11 PROGRAM.— 

12 (A) IN GENERAL.—As part of the pilot 

13 program, the Secretary may provide assistance 

14 to air carriers to volunteer to test the use of 

15 blast-resistant containers for cargo and baggage 

16 on passenger aircraft. 

17 (B) APPLICATIONS.—To volunteer to par18 ticipate in the incentive program, an air carrier 

19 shall submit to the Secretary an application 

20 that is in such form and contains such informa21 tion as the Secretary requires. 

22 (C) TYPES OF ASSISTANCE.—Assistance 

23 provided by the Secretary to air carriers that 

24 volunteer to participate in the pilot program 

25 may include the use of blast-resistant con-
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1 tainers and financial assistance to cover in2 creased costs to the carriers associated with the 

3 use and maintenance of the containers, includ4 ing increased fuel costs. 

5 (4) TECHNOLOGICAL IMPROVEMENTS.—The 

6 Secretary of Homeland Security, in cooperation with 

7 the Secretary of Transportation, shall— 

8 (A) support efforts to further the develop9 ment and improvement of blast-resistant con10 tainers for potential use on aircraft, including 

11 designs that— 

12 (i) will work on a variety of aircraft, 

13 including narrow body aircraft; and 

14 (ii) minimize the weight of such con15 tainers without compromising their effec16 tiveness; and 

17 (B) explore alternative technologies for 

18 minimizing the potential effects of detonation of 

19 an explosive device on cargo and passenger air20 craft. 

21 (5) REPORT.—Not later than one year after the 

22 date of enactment of this Act, the Secretary shall 

23 submit a report to the Congress on the results of the 

24 pilot program and on progress made in developing 

25 improved containers and equivalent technologies. 
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1 The report may be submitted in classified and re2 dacted formats. 

3 (6) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to the Sec5 retary of Homeland Security such sums as are nec6 essary to carry out this section. Such sums shall re7 main available until expended. 

8 (f) COST-SHARING.—Not later than 45 days after the 

9 date of the enactment of this Act, the Secretary of Home10 land Security, in consultation with representatives of air 

11 carriers, airport operators, and other interested parties, 

12 shall submit to the Senate and the House of Representa13 tives— 

14 (1) a proposed formula for cost-sharing, for the 

15 advanced in-line baggage screening equipment re16 quired by this title, between and among the Federal 

17 Government, State and local governments, and the 

18 private sector that reflects proportionate national se19 curity benefits and private sector benefits for such 

20 enhancement; and 

21 (2) recommendations, including recommended 

22 legislation, for an equitable, feasible, and expeditious 

23 system for defraying the costs of the advanced in24 line baggage screening equipment required by this 
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1 title, which may be based on the formula proposed 

2 under paragraph (1). 

3 SEC. 1035. EFFECTIVE DATE. 

4 This title takes effect on the date of enactment of 

5 this Act. 

6 Subtitle D—National Preparedness 

7 SEC. 1041. THE INCIDENT COMMAND SYSTEM. 

8 (a) FINDINGS.—Consistent with the report of the Na9 tional Commission on Terrorist Attacks Upon the United 

10 States, Congress makes the following findings: 

11 (1) The attacks on September 11, 2001, dem12 onstrated that even the most robust emergency re13 sponse capabilities can be overwhelmed if an attack 

14 is large enough. 

15 (2) Teamwork, collaboration, and cooperation 

16 at an incident site are critical to a successful re17 sponse to a terrorist attack. 

18 (3) Key decision makers who are represented at 

19 the incident command level help to ensure an effec20 tive response, the efficient use of resources, and re21 sponder safety. 

22 (4) Regular joint training at all levels is essen23 tial to ensuring close coordination during an actual 

24 incident. 
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1 (5) Beginning with fiscal year 2005, the De2 partment of Homeland Security is requiring that en3 tities adopt the Incident Command System and 

4 other concepts of the National Incident Management 

5 System in order to qualify for funds distributed by 

6 the Office of State and Local Government Coordina7 tion and Preparedness. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that— 

10 (1) emergency response agencies nationwide 

11 should adopt the Incident Command System; 

12 (2) when multiple agencies or multiple jurisdic13 tions are involved, they should follow a unified com14 mand system; and 

15 (3) the Secretary of Homeland Security should 

16 require, as a further condition of receiving homeland 

17 security preparedness funds from the Office of State 

18 and Local Government Coordination and Prepared19 ness, that grant applicants document measures 

20 taken to fully and aggressively implement the Inci21 dent Command System and unified command proce22 dures. 

23 SEC. 1042. NATIONAL CAPITAL REGION MUTUAL AID. 

24 (a) DEFINITIONS.—In this section: 
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1 (1) AUTHORIZED REPRESENTATIVE OF THE

2 FEDERAL GOVERNMENT.—The term ‘‘authorized 

3 representative of the Federal Government’’ means 

4 any individual or individuals designated by the 

5 President with respect to the executive branch, the 

6 Chief Justice with respect to the Federal judiciary, 

7 or the President of the Senate and Speaker of the 

8 House of Representatives with respect to Congress, 

9 or their designees, to request assistance under a Mu10 tual Aid Agreement for an emergency or public serv11 ice event. 

12 (2) CHIEF OPERATING OFFICER.—The term 

13 ‘‘chief operating officer’’ means the official des14 ignated by law to declare an emergency in and for 

15 the locality of that chief operating officer. 

16 (3) EMERGENCY.—The term ‘‘emergency’’ 

17 means a major disaster or emergency declared by 

18 the President, or a state of emergency declared by 

19 the Mayor of the District of Columbia, the Governor 

20 of the State of Maryland or the Commonwealth of 

21 Virginia, or the declaration of a local emergency by 

22 the chief operating officer of a locality, or their des23 ignees, that triggers mutual aid under the terms of 

24 a Mutual Aid Agreement. 
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1 (4) EMPLOYEE.—The term ‘‘employee’’ means 

2 the employees of the party, including its agents or 

3 authorized volunteers, who are committed in a Mu4 tual Aid Agreement to prepare for or who respond 

5 to an emergency or public service event. 

6 (5) LOCALITY.—The term ‘‘locality’’ means a 

7 county, city, or town within the State of Maryland 

8 or the Commonwealth of Virginia and within the 

9 National Capital Region. 

10 (6) MUTUAL AID AGREEMENT.—The term ‘‘Mu11 tual Aid Agreement’’ means an agreement, author12 ized under subsection (b) for the provision of police, 

13 fire, rescue and other public safety and health or 

14 medical services to any party to the agreement dur15 ing a public service event, an emergency, or pre16 planned training event. 

17 (7) NATIONAL CAPITAL REGION OR REGION.— 

18 The term ‘‘National Capital Region’’ or ‘‘Region’’ 

19 means the area defined under section 2674(f)(2) of 

20 title 10, United States Code, and those counties with 

21 a border abutting that area and any municipalities 

22 therein. 

23 (8) PARTY.—The term ‘‘party’’ means the 

24 State of Maryland, the Commonwealth of Virginia, 

25 the District of Columbia, and any of the localities 
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1 duly executing a Mutual Aid Agreement under this 

2 section. 

3 (9) PUBLIC SERVICE EVENT.—The term ‘‘pub4 lic service event’’— 

5 (A) means any undeclared emergency, inci6 dent or situation in preparation for or response 

7 to which the Mayor of the District of Columbia, 

8 an authorized representative of the Federal 

9 Government, the Governor of the State of 

10 Maryland, the Governor of the Commonwealth 

11 of Virginia, or the chief operating officer of a 

12 locality in the National Capital Region, or their 

13 designees, requests or provides assistance under 

14 a Mutual Aid Agreement within the National 

15 Capital Region; and 

16 (B) includes Presidential inaugurations, 

17 public gatherings, demonstrations and protests, 

18 and law enforcement, fire, rescue, emergency 

19 health and medical services, transportation, 

20 communications, public works and engineering, 

21 mass care, and other support that require 

22 human resources, equipment, facilities or serv23 ices supplemental to or greater than the re24 questing jurisdiction can provide. 
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1 (10) STATE.—The term ‘‘State’’ means the 

2 State of Maryland, the Commonwealth of Virginia, 

3 and the District of Columbia. 

4 (11) TRAINING.—The term ‘‘training’’ means 

5 emergency and public service event-related exercises, 

6 testing, or other activities using equipment and per7 sonnel to simulate performance of any aspect of the 

8 giving or receiving of aid by National Capital Region 

9 jurisdictions during emergencies or public service 

10 events, such actions occurring outside actual emer11 gency or public service event periods. 

12 (b) MUTUAL AID AUTHORIZED.— 

13 (1) IN GENERAL.—The Mayor of the District of 

14 Columbia, any authorized representative of the Fed15 eral Government, the Governor of the State of Mary16 land, the Governor of the Commonwealth of Vir17 ginia, or the chief operating officer of a locality, or 

18 their designees, acting within his or her jurisdic19 tional purview, may, subject to State law, enter into, 

20 request or provide assistance under Mutual Aid 

21 Agreements with localities, the Washington Metro22 politan Area Transit Authority, the Metropolitan 

23 Washington Airports Authority, and any other gov24 ernmental agency or authority for— 
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1 (A) law enforcement, fire, rescue, emer2 gency health and medical services, transpor3 tation, communications, public works and engi4 neering, mass care, and resource support in an 

5 emergency or public service event; 

6 (B) preparing for, mitigating, managing, 

7 responding to or recovering from any emer8 gency or public service event; and 

9 (C) training for any of the activities de10 scribed under subparagraphs (A) and (B). 

11 (2) FACILITATING LOCALITIES.—The State of 

12 Maryland and the Commonwealth of Virginia are en13 couraged to facilitate the ability of localities to enter 

14 into interstate Mutual Aid Agreements in the Na15 tional Capital Region under this section. 

16 (3) APPLICATION AND EFFECT.—This section— 

17 (A) does not apply to law enforcement se18 curity operations at special events of national 

19 significance under section 3056(e) of title 18, 

20 United States Code, or other law enforcement 

21 functions of the United States Secret Service; 

22 (B) does not diminish any authorities, ex23 press or implied, of Federal agencies to enter 

24 into Mutual Aid Agreements in furtherance of 

25 their Federal missions; and 
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1 (C) does not— 

2 (i) preclude any party from entering 

3 into supplementary Mutual Aid Agree4 ments with fewer than all the parties, or 

5 with another party; or 

6 (ii) affect any other agreement in ef7 fect before the date of enactment of this 

8 Act among the States and localities, in9 cluding the Emergency Management As10 sistance Compact. 

11 (4) RIGHTS DESCRIBED.—Other than as de12 scribed in this section, the rights and responsibilities 

13 of the parties to a Mutual Aid Agreement entered 

14 into under this section shall be as described in the 

15 Mutual Aid Agreement. 

16 (c) DISTRICT OF COLUMBIA.— 

17 (1) IN GENERAL.—The District of Columbia 

18 may purchase liability and indemnification insurance 

19 or become self insured against claims arising under 

20 a Mutual Aid Agreement authorized under this sec21 tion. 

22 (2) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated such sums 

24 as may be necessary to carry out paragraph (1). 

25 (d) LIABILITY AND ACTIONS AT LAW.— 
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1 (1) IN GENERAL.—Any responding party or its 

2 officers or employees rendering aid or failing to 

3 render aid to the District of Columbia, the Federal 

4 Government, the State of Maryland, the Common5 wealth of Virginia, or a locality, under a Mutual Aid 

6 Agreement authorized under this section, and any 

7 party or its officers or employees engaged in training 

8 activities with another party under such a Mutual 

9 Aid Agreement, shall be liable on account of any act 

10 or omission of its officers or employees while so en11 gaged or on account of the maintenance or use of 

12 any related equipment, facilities, or supplies, but 

13 only to the extent permitted under the laws and pro14 cedures of the State of the party rendering aid. 

15 (2) ACTIONS.—Any action brought against a 

16 party or its officers or employees on account of an 

17 act or omission in the rendering of aid to the Dis18 trict of Columbia, the Federal Government, the 

19 State of Maryland, the Commonwealth of Virginia, 

20 or a locality, or failure to render such aid or on ac21 count of the maintenance or use of any related 

22 equipment, facilities, or supplies may be brought 

23 only under the laws and procedures of the State of 

24 the party rendering aid and only in the Federal or 

25 State courts located therein. Actions against the 
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1 United States under this section may be brought 

2 only in Federal courts. 

3 (3) GOOD FAITH EXCEPTION.— 

4 (A) DEFINITION.—In this paragraph, the 

5 term ‘‘good faith’’ shall not include willful mis6 conduct, gross negligence, or recklessness. 

7 (B) EXCEPTION.—No State or locality, or 

8 its officers or employees, rendering aid to an9 other party, or engaging in training, under a 

10 Mutual Aid Agreement shall be liable under 

11 Federal law on account of any act or omission 

12 performed in good faith while so engaged, or on 

13 account of the maintenance or use of any re14 lated equipment, facilities, or supplies per15 formed in good faith. 

16 (4) IMMUNITIES.—This section shall not abro17 gate any other immunities from liability that any 

18 party has under any other Federal or State law. 

19 (d) WORKERS COMPENSATION.— 

20 (1) COMPENSATION.—Each party shall provide 

21 for the payment of compensation and death benefits 

22 to injured members of the emergency forces of that 

23 party and representatives of deceased members of 

24 such forces if such members sustain injuries or are 

25 killed while rendering aid to the District of Colum-
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1 bia, the Federal Government, the State of Maryland, 

2 the Commonwealth of Virginia, or a locality, under 

3 a Mutual Aid Agreement, or engaged in training ac4 tivities under a Mutual Aid Agreement, in the same 

5 manner and on the same terms as if the injury or 

6 death were sustained within their own jurisdiction. 

7 (2) OTHER STATE LAW.—No party shall be lia8 ble under the law of any State other than its own 

9 for providing for the payment of compensation and 

10 death benefits to injured members of the emergency 

11 forces of that party and representatives of deceased 

12 members of such forces if such members sustain in13 juries or are killed while rendering aid to the Dis14 trict of Columbia, the Federal Government, the 

15 State of Maryland, the Commonwealth of Virginia, 

16 or a locality, under a Mutual Aid Agreement or en17 gaged in training activities under a Mutual Aid 

18 Agreement. 

19 (e) LICENSES AND PERMITS.—If any person holds a 

20 license, certificate, or other permit issued by any respond21 ing party evidencing the meeting of qualifications for pro22 fessional, mechanical, or other skills and assistance is re23 quested by a receiving jurisdiction, such person will be 

24 deemed licensed, certified, or permitted by the receiving 

25 jurisdiction to render aid involving such skill to meet a 
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1 public service event, emergency or training for any such 

2 events. 

3 SEC. 1043. URBAN AREA COMMUNICATIONS CAPABILITIES. 

4 (a) IN GENERAL.—Title V of the Homeland Security 

5 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CA8 PABILITIES. 

9 ‘‘The Secretary, in consultation with the Federal 

10 Communications Commission and the Secretary of De11 fense, and with appropriate governors, mayors, and other 

12 State and local government officials, shall encourage and 

13 support the establishment of consistent and effective com14 munications capabilities in the event of an emergency in 

15 urban areas determined by the Secretary to be at consist16 ently high levels of risk from terrorist attack. Such com17 munications capabilities shall ensure the ability of all lev18 els of government agencies, including military authorities, 

19 and of first responders, hospitals, and other organizations 

20 with emergency response capabilities to communicate with 

21 each other in the event of an emergency. Additionally, the 

22 Secretary, in conjunction with the Secretary of Defense, 

23 shall develop plans to provide back-up and additional com24 munications support in the event of an emergency.’’. 
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 Section 1(b) of that Act is amended by inserting after the 

3 item relating to section 509 the following: 

‘‘Sec. 510. High risk urban area communications capabilities.’’. 

4 SEC. 1044. PRIVATE SECTOR PREPAREDNESS. 

5 (a) FINDINGS.—Consistent with the report of the Na6 tional Commission on Terrorist Attacks Upon the United 

7 States, Congress makes the following findings: 

8 (1) Private sector organizations own 85 percent 

9 of the Nation’s critical infrastructure and employ 

10 the vast majority of the Nation’s workers. 

11 (2) Unless a terrorist attack targets a military 

12 or other secure government facility, the first people 

13 called upon to respond will likely be civilians. 

14 (3) Despite the exemplary efforts of some pri15 vate entities, the private sector remains largely un16 prepared for a terrorist attack, due in part to the 

17 lack of a widely accepted standard for private sector 

18 preparedness. 

19 (4) Preparedness in the private sector and pub20 lic sector for rescue, restart and recovery of oper21 ations should include— 

22 (A) a plan for evacuation; 

23 (B) adequate communications capabilities; 

24 and 

25 (C) a plan for continuity of operations. 
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1 (5) The American National Standards Institute 

2 recommends a voluntary national preparedness 

3 standard for the private sector based on the existing 

4 American National Standard on Disaster/Emergency 

5 Management and Business Continuity Programs 

6 (NFPA 1600), with appropriate modifications. This 

7 standard would establish a common set of criteria 

8 and terminology for preparedness, disaster manage9 ment, emergency management, and business con10 tinuity programs. 

11 (6) The mandate of the Department of Home12 land Security extends to working with the private 

13 sector, as well as government entities. 

14 (b) PRIVATE SECTOR PREPAREDNESS PROGRAM.— 

15 (1) IN GENERAL.—Title V of the Homeland Se16 curity Act of 2002 (6 U.S.C. 311 et seq.), as amend17 ed by section 805, is amended by adding at the end 

18 the following: 

19 ‘‘SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM. 

20 ‘‘The Secretary shall establish a program to promote 

21 private sector preparedness for terrorism and other emer22 gencies, including promoting the adoption of a voluntary 

23 national preparedness standard such as the private sector 

24 preparedness standard developed by the American Na25 tional Standards Institute and based on the National Fire 
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1 Protection Association 1600 Standard on Disaster/Emer2 gency Management and Business Continuity Programs.’’. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENT.—Section 1(b) of that Act, as amended by 

5 section 805, is amended by inserting after the item 

6 relating to section 510 the following: 

‘‘Sec. 511. Private sector preparedness program.’’. 

7 (c) SENSE OF CONGRESS.—It is the sense of Con8 gress that insurance and credit-rating industries should 

9 consider compliance with the voluntary national prepared10 ness standard, the adoption of which is promoted by the 

11 Secretary of Homeland Security under section 511 of the 

12 Homeland Security Act of 2002, as added by subsection 

13 (b), in assessing insurability and credit worthiness. 

14 SEC. 1045. CRITICAL INFRASTRUCTURE AND READINESS 

15 ASSESSMENTS. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) Under section 201 of the Homeland Secu18 rity Act of 2002 (6 U.S.C 121), the Department of 

19 Homeland Security, through the Under Secretary 

20 for Information Analysis and Infrastructure Protec21 tion, has the responsibility— 

22 (A) to carry out comprehensive assess23 ments of the vulnerabilities of the key resources 

24 and critical infrastructure of the United States, 

25 including the performance of risk assessments 
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1 to determine the risks posed by particular types 

2 of terrorist attacks within the United States; 

3 (B) to identify priorities for protective and 

4 supportive measures; and 

5 (C) to develop a comprehensive national 

6 plan for securing the key resources and critical 

7 infrastructure of the United States. 

8 (2) Under Homeland Security Presidential Di9 rective 7, issued on December 17, 2003, the Sec10 retary of Homeland Security was given 1 year to de11 velop a comprehensive plan to identify, prioritize, 

12 and coordinate the protection of critical infrastruc13 ture and key resources. 

14 (3) Consistent with the report of the National 

15 Commission on Terrorist Attacks Upon the United 

16 States, the Secretary of Homeland Security 

17 should— 

18 (A) identify those elements of the United 

19 States’ transportation, energy, communications, 

20 financial, and other institutions that need to be 

21 protected; 

22 (B) develop plans to protect that infra23 structure; and 

24 (C) exercise mechanisms to enhance pre25 paredness. 
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1 (b) REPORTS ON RISK ASSESSMENT AND READI2 NESS.—Not later than 180 days after the date of enact3 ment of this Act and annually thereafter, the Secretary 

4 of Homeland Security shall submit a report to Congress 

5 on— 

6 (1) the Department of Homeland Security’s 

7 progress in completing vulnerability and risk assess8 ments of the Nation’s critical infrastructure; 

9 (2) the adequacy of the Government’s plans to 

10 protect such infrastructure; and 

11 (3) the readiness of the Government to respond 

12 to threats against the United States. 

13 SEC. 1046. REPORT ON NORTHERN COMMAND AND DE14 FENSE OF THE UNITED STATES HOMELAND. 

15 (a) FINDINGS.—Consistent with the report of the Na16 tional Commission on Terrorist Attacks Upon the United 

17 States, Congress makes the following findings: 

18 (1) The Department of Defense has primary re19 sponsibility for the military defense of the United 

20 States. 

21 (2) Prior to September 11, 2001, the North 

22 American Aerospace Defense Command (NORAD), 

23 which had responsibility for defending United States 

24 airspace, focused on threats coming from outside the 

25 borders of the United States. 
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1 (3) The United States Northern Command has 

2 been established to assume responsibility for the 

3 military defense of the United States, as well as to 

4 provide military support to civil authorities. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that the Secretary of Defense should regularly assess 

7 the adequacy of the plans and strategies of the United 

8 States Northern Command with a view to ensuring that 

9 the United States Northern Command is prepared to re10 spond effectively to all threats within the United States, 

11 should it be called upon to do so by the President. 

12 (c) ANNUAL REPORT.— 

13 (1) REQUIREMENT FOR REPORT.—The Sec14 retary of Defense shall submit to the Committee on 

15 Armed Services of the Senate and the Committee on 

16 Armed Services of the House of Representatives an 

17 annual report describing the plans and strategies of 

18 the United States Northern Command to defend the 

19 United States against all threats within the United 

20 States, in the case that it is called upon to do so by 

21 the President. 

22 (2) SUBMISSION OF REPORT.—The annual re23 port required by paragraph (1) shall be submitted in 

24 conjunction with the submission of the President’s 

25 budget request to Congress. 
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1 SEC. 1047. EFFECTIVE DATE. 

2 Notwithstanding section 341 or any other provision 

3 of this Act, this title takes effect on the date of the enact4 ment of this Act. 

5 Subtitle E—Homeland Security 

6 Grants 

7 SEC. 1051. SHORT TITLE. 

8 This title may be cited as the ‘‘Homeland Security 

9 Grant Enhancement Act of 2004’’. 

10 SEC. 1052. DEFINITIONS. 

11 In this title, the following definitions shall apply: 

12 (1) INSULAR AREA.—The term ‘‘insular area’’ 

13 means American Samoa, the Commonwealth of the 

14 Northern Mariana Islands, the Commonwealth of 

15 Puerto Rico, Guam, and the Virgin Islands. 

16 (2) LARGE HIGH-THREAT STATE FUND.—The 

17 term ‘‘Large High-Threat State Fund’’ means the 

18 fund containing amounts authorized to be appro19 priated for States that elect to receive Federal finan20 cial assistance through a per capita share of 38.625 

21 percent of the amount appropriated for the State 

22 Homeland Security Grant Program. 

23 (3) LOCAL GOVERNMENT.—The term ‘‘local 

24 government’’ has the same meaning given that term 

25 in section 2 of the Homeland Security Act of 2002 

26 (6 U.S.C. 101). 
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1 (4) STATE.—The term ‘‘State’’ means each of 

2 the several States of the United States and the Dis3 trict of Columbia. 

4 (5) STATE HOMELAND SECURITY GRANT PRO5 GRAM.—The term ‘‘State Homeland Security Grant 

6 Program’’ means the program receiving 75 percent 

7 of the amount appropriated for the Threat-Based 

8 Homeland Security Grant Program. 

9 (6) THREAT-BASED HOMELAND SECURITY

10 GRANT PROGRAM.—The term ‘‘Threat-Based Home11 land Security Grant Program’’ means the program 

12 authorized under section 6. 

13 (7) URBAN AREA SECURITY INITIATIVE GRANT

14 PROGRAM.—The term ‘‘Urban Area Security Initia15 tive Grant Program’’ means the program receiving 

16 25 percent of the amount appropriated for the 

17 Threat-Based Homeland Security Grant Program. 

18 SEC. 1053. PRESERVATION OF PRE-9/11 GRANT PROGRAMS 

19 FOR TRADITIONAL FIRST RESPONDER MIS20 SIONS. 

21 (a) IN GENERAL.—This title shall not be construed 

22 to affect any authority to award grants under any Federal 

23 grant program listed under subsection (b), which existed 

24 on September 10, 2001, to enhance traditional missions 
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1 of State and local law enforcement, firefighters, ports, 

2 emergency medical services, or public health missions. 

3 (b) PROGRAMS INCLUDED.—The programs referred 

4 to in subsection (a) are the following: 

5 (1) The Firefighter Assistance Program author6 ized under section 33 of the Federal Fire Prevention 

7 and Control Act of 1974 (15 U.S.C. 2229). 

8 (2) The Emergency Management Performance 

9 Grant Program and the Urban Search and Rescue 

10 Grant program authorized under— 

11 (A) title VI of the Robert T. Stafford Dis12 aster Relief and Emergency Assistance Act (42 

13 U.S.C. 5195 et seq.); 

14 (B) the Departments of Veterans Affairs 

15 and Housing and Urban Development, and 

16 Independent Agencies Appropriations Act, 2000 

17 (Public Law 106–74; 113 Stat. 1047 et seq.); 

18 and 

19 (C) the Earthquake Hazards Reduction 

20 Act of 1977 (42 U.S.C. 7701 et seq.). 

21 (4) The Edward Byrne Memorial State and 

22 Local Law Enforcement Assistance Programs au23 thorized under part E of title I of the Omnibus 

24 Crime Control and Safe Streets Act of 1968 (42 

25 U.S.C. 3750 et seq.). 
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1 (5) The Public Safety and Community Policing 

2 (COPS ON THE BEAT) Grant Program authorized 

3 under part Q of title I of the Omnibus Crime Con4 trol and Safe Streets Act of 1968 (42 U.S.C. 

5 3796dd et seq.). 

6 (6) Grant programs under the Public Health 

7 Service Act regarding preparedness for bioterrorism 

8 and other public health emergencies and the Emer9 gency Response Assistance Program authorized 

10 under section 1412 of the Defense Against Weapons 

11 of Mass Destruction Act of 1996 (50 U.S.C. 2312). 

12 (7) Grant programs under the Robert T. Staf13 ford Disaster Relief and Emergency Assistance Act 

14 (42 U.S.C. 5121-5206). 

15 SEC. 1054. INTERAGENCY COMMITTEE TO COORDINATE 

16 AND STREAMLINE HOMELAND SECURITY 

17 GRANT PROGRAMS. 

18 (a) IN GENERAL.—The Homeland Security Act of 

19 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

20 section 801 the following: 

21 ‘‘SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE 

22 AND STREAMLINE HOMELAND SECURITY 

23 GRANT PROGRAMS. 

24 ‘‘(a) ESTABLISHMENT.— 
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1 ‘‘(1) IN GENERAL.—The Secretary, in coordina2 tion with the Attorney General, the Secretary of 

3 Health and Human Services, the Secretary of 

4 Transportation, the Administrator of the Environ5 mental Protection Agency, and other agencies pro6 viding assistance for first responder preparedness, as 

7 identified by the President, shall establish the Inter8 agency Committee to Coordinate and Streamline 

9 Homeland Security Grant Programs (referred to in 

10 this subtitle as the ‘Interagency Committee’). 

11 ‘‘(2) COMPOSITION.—The Interagency Com12 mittee shall be composed of— 

13 ‘‘(A) a representative of the Department; 

14 ‘‘(B) a representative of the Department of 

15 Health and Human Services; 

16 ‘‘(C) a representative of the Department of 

17 Transportation; 

18 ‘‘(D) a representative of the Department of 

19 Justice; 

20 ‘‘(E) a representative of the Environmental 

21 Protection Agency; and 

22 ‘‘(F) a representative of any other depart23 ment or agency determined to be necessary by 

24 the President. 
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1 ‘‘(3) RESPONSIBILITIES.—The Interagency 

2 Committee shall— 

3 ‘‘(A) report on findings to the Information 

4 Clearinghouse established under section 801(d); 

5 ‘‘(B) consult with State and local govern6 ments and emergency response providers re7 garding their homeland security needs and ca8 pabilities; 

9 ‘‘(C) advise the Secretary on the develop10 ment of performance measures for homeland se11 curity grant programs and the national strategy 

12 for homeland security; 

13 ‘‘(D) compile a list of homeland security 

14 assistance programs; 

15 ‘‘(E) not later than 1 year after the effec16 tive date of the Homeland Security Grant En17 hancement Act of 2004— 

18 ‘‘(i) develop a proposal to coordinate, 

19 to the maximum extent practicable, the 

20 planning, reporting, application, and other 

21 guidance documents contained in homeland 

22 security assistance programs to eliminate 

23 all redundant and duplicative require24 ments; and 
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1 ‘‘(ii) submit the proposal developed 

2 under clause (i) to Congress and the Presi3 dent. 

4 ‘‘(b) ADMINISTRATION.—The Department shall pro5 vide administrative support to the Interagency Committee, 

6 which shall include— 

7 ‘‘(1) scheduling meetings; 

8 ‘‘(2) preparing agenda; 

9 ‘‘(3) maintaining minutes and records; and 

10 ‘‘(4) producing reports. 

11 ‘‘(c) CHAIRPERSON.—The Secretary shall designate 

12 a chairperson of the Interagency Committee. 

13 ‘‘(d) MEETINGS.—The Interagency Committee shall 

14 meet— 

15 ‘‘(1) at the call of the Secretary; or 

16 ‘‘(2) not less frequently than once every 1 

17 month.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of contents for the Homeland Security Act of 

20 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

21 the item relating to section 801 the following: 

‘‘Sec. 802. Interagency Committee to Coordinate and Streamline Homeland Security Grant Programs.’’. 
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1 SEC. 1055. STREAMLINING FEDERAL HOMELAND SECURITY 

2 GRANTS. 

3 (a) DIRECTOR OF STATE AND LOCAL GOVERNMENT

4 COORDINATION AND PREPAREDNESS.—Section 801(a) of 

5 the Homeland Security Act of 2002 (6 U.S.C. 361(a)) is 

6 amended to read as follows: 

7 ‘‘(a) ESTABLISHMENT.— 

8 ‘‘(1) IN GENERAL.—There is established within 

9 the Office of the Secretary the Office for State and 

10 Local Government Coordination and Preparedness, 

11 which shall oversee and coordinate departmental 

12 programs for, and relationships with, State and local 

13 governments. 

14 ‘‘(2) EXECUTIVE DIRECTOR.—The Office estab15 lished under paragraph (1) shall be headed by the 

16 Executive Director of State and Local Government 

17 Coordination and Preparedness, who shall be ap18 pointed by the President, by and with the advice and 

19 consent of the Senate.’’. 

20 (b) OFFICE FOR DOMESTIC PREPAREDNESS.—The 

21 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

22 is amended— 

23 (1) by redesignating section 430 as section 803 

24 and transferring that section to the end of subtitle 

25 A of title VIII, as amended by section 4; and 
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1 (2) in section 803, as redesignated by para2 graph (1)— 

3 (A) in subsection (a), by striking ‘‘the Di4 rectorate of Border and Transportation Secu5 rity’’ and inserting ‘‘the Office for State and 

6 Local Government Coordination and Prepared7 ness’’; 

8 (B) in subsection (b), by striking ‘‘who 

9 shall be appointed by the President’’ and all 

10 that follows and inserting ‘‘who shall report di11 rectly to the Executive Director of State and 

12 Local Government Coordination and Prepared13 ness.’’; 

14 (C) in subsection (c)— 

15 (i) in paragraph (7)— 

16 (I) by striking ‘‘other’’ and in17 serting ‘‘the’’; 

18 (II) by striking ‘‘consistent with 

19 the mission and functions of the Di20 rectorate’’; and 

21 (III) by striking ‘‘and’’ at the 

22 end; and 

23 (ii) in paragraph (8)— 

24 (I) by inserting ‘‘carrying out’’ 

25 before ‘‘those elements’’; 
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1 (II) by striking the period at the 

2 end and inserting ‘‘; and’’ ; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(9) managing the Homeland Security Informa6 tion Clearinghouse established under section 

7 801(d).’’; 

8 (D) by redesignating subsection (d) as sub9 section (e). 

10 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 The table of contents for the Homeland Security Act of 

12 2002 (6 U.S.C. 101 et seq.) is amended— 

13 (1) by striking the item relating to section 430; 

14 (2) by amending section 801 to read as follows: 

‘‘Sec. 801. Office of State and Local Government Coordination and Preparedness.’’; and 

15 (3) by inserting after the item relating to sec16 tion 802, as added by this Act, the following: 

‘‘Sec. 803. Office for Domestic Preparedness.’’. 

17 (d) ESTABLISHMENT OF HOMELAND SECURITY IN18 FORMATION CLEARINGHOUSE.—Section 801 of the Home19 land Security Act of 2002 (6 U.S.C. 101 et seq.), as 

20 amended by subsection (a), is further amended by adding 

21 at the end the following: 

22 ‘‘(d) HOMELAND SECURITY INFORMATION CLEAR23 INGHOUSE.— 
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1 ‘‘(1) ESTABLISHMENT.—There is established 

2 within the Office for State and Local Government 

3 Coordination a Homeland Security Information 

4 Clearinghouse (referred to in this section as the 

5 ‘Clearinghouse’), which shall assist States, local gov6 ernments, and first responders in accordance with 

7 paragraphs (2) through (6). 

8 ‘‘(2) HOMELAND SECURITY GRANT INFORMA9 TION.—The Clearinghouse shall create a new 

10 website or enhance an existing website, establish a 

11 toll-free number, and produce a single publication 

12 that each contain information regarding the home13 land security grant programs identified under sec14 tion 802(a)(4). 

15 ‘‘(3) TECHNICAL ASSISTANCE.—The Clearing16 house, in consultation with the Interagency Com17 mittee established under section 802, shall provide 

18 information regarding— 

19 ‘‘(A) technical assistance provided by any 

20 Federal agency to States and local governments 

21 regarding homeland security matters; and 

22 ‘‘(B) templates for conducting threat anal23 yses and vulnerability assessments. 

24 ‘‘(4) BEST PRACTICES.—The Clearinghouse 

25 shall work with States, local governments, emer-
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1 gency response providers and the National Domestic 

2 Preparedness Consortium, and private organizations 

3 to gather, validate, and disseminate information re4 garding successful State and local homeland security 

5 programs and practices. 

6 ‘‘(5) USE OF FEDERAL FUNDS.—The Clearing7 house shall compile information regarding equip8 ment, training, and other services purchased with 

9 Federal funds provided under the homeland security 

10 grant programs identified under section 802(a)(4), 

11 and make such information, and information regard12 ing voluntary standards of training, equipment, and 

13 exercises, available to States, local governments, and 

14 first responders. 

15 ‘‘(6) OTHER INFORMATION.—The Clearing16 house shall provide States, local governments, and 

17 first responders with any other information that the 

18 Secretary determines necessary.’’. 

19 SEC. 1056. THREAT-BASED HOMELAND SECURITY GRANT 

20 PROGRAM. 

21 (a) GRANTS AUTHORIZED.—The Secretary of Home22 land Security (referred to in this section as the ‘‘Sec23 retary’’) may award grants to States and local govern24 ments to enhance homeland security. 

25 (b) USE OF FUNDS.— 
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1 (1) IN GENERAL.—Grants awarded under sub2 section (a)— 

3 (A) shall be used to address homeland se4 curity matters related to acts of terrorism or 

5 major disasters and related capacity building; 

6 and 

7 (B) shall not be used to supplant ongoing 

8 first responder expenses or general protective 

9 measures. 

10 (2) ALLOWABLE USES.—Grants awarded under 

11 subsection (a) may be used to— 

12 (A) develop State plans or risk assess13 ments (including the development of the home14 land security plan) to respond to terrorist at15 tacks and strengthen all hazards emergency 

16 planning and communitywide plans for respond17 ing to terrorist or all hazards emergency events 

18 that are coordinated with the capacities of ap19 plicable Federal, State, and local governments, 

20 first responders, and State and local govern21 ment health agencies; 

22 (B) develop State, regional, or local mutual 

23 aid agreements; 
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1 (C) purchase or upgrade equipment based 

2 on State and local needs as identified under a 

3 State homeland security plan; 

4 (D) conduct exercises to strengthen emer5 gency preparedness of State and local first re6 sponders including law enforcement, firefighting 

7 personnel, and emergency medical service work8 ers, and other emergency responders identified 

9 in a State homeland security plan; 

10 (E) pay for overtime expenses relating 

11 to— 

12 (i) training activities consistent with 

13 the goals outlined in a State homeland se14 curity plan; 

15 (ii) as determined by the Secretary, 

16 activities relating to an increase in the 

17 threat level under the Homeland Security 

18 Advisory System; and 

19 (iii) any other activity relating to the 

20 State Homeland Security Strategy, and ap21 proved by the Secretary; 

22 (F) promote training regarding homeland 

23 security preparedness including— 
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1 (i) emergency preparedness responses 

2 to a use or threatened use of a weapon of 

3 mass destruction; and 

4 (ii) training in the use of equipment, 

5 including detection, monitoring, and decon6 tamination equipment, and personal pro7 tective gear; and 

8 (G) conduct any activity permitted under 

9 the Law Enforcement Terrorism Prevention 

10 Grant Program. 

11 (3) PROHIBITED USES.— 

12 (A) CONSTRUCTION.—Grants awarded 

13 under subsection (a) may not be used to con14 struct buildings or other physical facilities, ex15 cept those described in section 611 of the Rob16 ert T. Stafford Disaster Relief and Emergency 

17 Assistance Act (42 U.S.C. 5196) and approved 

18 by the Secretary in the homeland security plan 

19 certified under subsection (d), or to acquire 

20 land. 

21 (B) COST SHARING.—Grant funds pro22 vided under this section shall not be used for 

23 any State or local government cost sharing con24 tribution request under this section. 

25 (c) APPLICATION.— 
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1 (1) SUBMISSION.—A State may apply for a 

2 grant under this section by submitting to the Sec3 retary an application at such time, and in such man4 ner, and containing such information the Secretary 

5 may reasonably require. 

6 (2) REVISIONS.—A State may revise a home7 land security plan certified under subsection (d) at 

8 the time an application is submitted under para9 graph (1) after receiving approval from the Sec10 retary. 

11 (3) APPROVAL.—The Secretary shall not award 

12 a grant under this section unless the application 

13 submitted by the State includes a homeland security 

14 plan meeting the requirements of subsection (d). 

15 (4) RELEASE OF FUNDS.—The Secretary shall 

16 release grant funds to States with approved plans 

17 after the approval of an application submitted under 

18 this subsection. 

19 (d) HOMELAND SECURITY PLAN.— 

20 (1) IN GENERAL.—An application submitted 

21 under subsection (c) shall include a certification that 

22 the State has prepared a 3-year State homeland se23 curity plan (referred to in this subsection as the 

24 ‘‘plan’’) to respond to terrorist attacks and strength-
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1 en all hazards emergency planning that has been ap2 proved by the Secretary. 

3 (2) CONTENTS.—The plan shall contain meas4 urable goals and objectives that— 

5 (A) establish a 3-year strategy to set prior6 ities for the allocation of funding to political 

7 subdivisions based on the risk, capabilities, and 

8 needs described under paragraph (3)(C); 

9 (B) provide for secure interoperable com10 munications; 

11 (C) provide for local coordination of re12 sponse and recovery efforts, including proce13 dures for effective incident command in con14 formance with the National Incident Manage15 ment System; 

16 (D) ensure that first responders and other 

17 emergency personnel have adequate training 

18 and appropriate equipment for the threats that 

19 may occur; 

20 (E) provide for improved coordination and 

21 collaboration among police, fire, and public 

22 health authorities at State and local levels; 

23 (F) coordinate emergency response and 

24 public health plans; 
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1 (G) mitigate risks to critical infrastructure 

2 that may be vulnerable to terrorist attacks; 

3 (H) promote regional coordination among 

4 contiguous local governments; 

5 (I) identify necessary protective measures 

6 by private owners of critical infrastructure; 

7 (J) promote orderly evacuation procedures 

8 when necessary; 

9 (K) ensure support from the public health 

10 community for measures needed to prevent, de11 tect and treat bioterrorism, and radiological and 

12 chemical incidents; 

13 (L) increase the number of local jurisdic14 tions participating in local and statewide exer15 cises; 

16 (M) meet preparedness goals as deter17 mined by the Secretary; and 

18 (N) include a report from the relevant ad19 visory committee established under paragraph 

20 (3)(D) that documents the areas of support, 

21 disagreement, or recommended changes to the 

22 plan before its submission to the Secretary. 

23 (3) DEVELOPMENT PROCESS.— 

24 (A) IN GENERAL.—In preparing the plan 

25 under this section, a State shall— 
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1 (i) provide for the consideration of all 

2 homeland security needs; 

3 (ii) follow a process that is continuing, 

4 inclusive, cooperative, and comprehensive, 

5 as appropriate; and 

6 (iii) coordinate the development of the 

7 plan with the homeland security planning 

8 activities of local governments. 

9 (B) COORDINATION WITH LOCAL PLAN10 NING ACTIVITIES.—The coordination under sub11 paragraph (A)(iii) shall contain input from local 

12 stakeholders, including— 

13 (i) local officials, including representa14 tives of rural, high-population, and high15 threat jurisdictions; 

16 (ii) first responders and emergency re17 sponse providers; and 

18 (iii) private sector companies, such as 

19 railroads and chemical manufacturers. 

20 (C) SCOPE OF PLANNING.—Each State 

21 preparing a plan under this section shall, in 

22 conjunction with the local stakeholders under 

23 subparagraph (B), address all the information 

24 requested by the Secretary, and complete a 

25 comprehensive assessment of— 
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1 (i) risk, including a— 

2 (I) vulnerability assessment; 

3 (II) threat assessment; and 

4 (III) public health assessment, in 

5 coordination with the State bioter6 rorism plan; and 

7 (ii) capabilities and needs, including— 

8 (I) an evaluation of current pre9 paredness, mitigation, and response 

10 capabilities based on such assessment 

11 mechanisms as shall be determined by 

12 the Secretary; 

13 (II) an evaluation of capabilities 

14 needed to address the risks described 

15 under clause (i); and 

16 (III) an assessment of the short17 fall between the capabilities described 

18 under subclause (I) and the required 

19 capabilities described under subclause 

20 (II). 

21 (D) ADVISORY COMMITTEE.— 

22 (i) IN GENERAL.—Each State pre23 paring a plan under this section shall es24 tablish an advisory committee to receive 

25 comments from the public and the local 
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1 stakeholders identified under subparagraph 

2 (B). 

3 (ii) COMPOSITION.—The Advisory 

4 Committee shall include local officials, local 

5 first responders, and emergency response 

6 providers that are representative of the 

7 counties, cities, and towns within the 

8 State, and which shall include representa9 tives of rural, high-population, and high10 threat jurisdictions. 

11 (4) PLAN APPROVAL.—The Secretary shall ap12 prove a plan upon finding that the plan meets the 

13 requirements of— 

14 (A) paragraphs (2) and (3); 

15 (B) the interim performance measurements 

16 under subsection (g)(1), or the national per17 formance standards under subsection (g)(2); 

18 and 

19 (C) any other criteria the Secretary deter20 mines necessary to the approval of a State plan. 

21 (5) REVIEW OF ADVISORY COMMITTEE RE22 PORT.—The Secretary shall review the recommenda23 tions of the advisory committee report incorporated 

24 into a plan under subsection (d)(2)(N), including 

25 any dissenting views submitted by advisory com-
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1 mittee members, to ensure cooperation and coordina2 tion between local and State jurisdictions in plan3 ning the use of grant funds under this section. 

4 (e) TENTATIVE ALLOCATION.— 

5 (1) URBAN AREA SECURITY INITIATIVE GRANT

6 PROGRAM.— 

7 (A) IN GENERAL.—The Secretary shall al8 locate 25 percent of the funds appropriated 

9 under the Threat-Based Homeland Security 

10 Grant Program for discretionary grants to be 

11 provided directly to local governments, includ12 ing multistate entities established by a compact 

13 between 2 or more States, in high threat areas, 

14 as determined by the Secretary based on the 

15 criteria under subparagraph (B). 

16 (B) CRITERIA.—The Secretary shall en17 sure that each local government receiving a 

18 grant on the basis of terrorist threat under this 

19 paragraph— 

20 (i) has a large population or high pop21 ulation density; 

22 (ii) has a high degree of threat, risk, 

23 and vulnerability related to critical infra24 structure or not less than 1 key asset iden-
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1 tified by the Secretary or State homeland 

2 security plan; 

3 (iii) has an international border with 

4 Canada or Mexico, or coastline bordering 

5 international waters of Canada, Mexico, or 

6 bordering the Atlantic Ocean, the Pacific 

7 Ocean, or the Gulf of Mexico; or 

8 (iv) are subject to other threat factors 

9 specified in writing by the Secretary. 

10 (C) CONSISTENCY.—Any grant awarded 

11 under this paragraph shall be used to supple12 ment and support, in a consistent and coordi13 nated manner, those activities and objectives 

14 described under subsection (b) or a State home15 land security plan. 

16 (D) COORDINATION.—The Secretary shall 

17 ensure that any grants made under this para18 graph encourage multiple contiguous units of 

19 local government and mutual aid partners to 

20 coordinate any homeland security activities. 

21 (2) STATE HOMELAND SECURITY GRANT PRO22 GRAM.— 

23 (A) STATES.—Each State whose applica24 tion is approved under subsection (c) shall re25 ceive, for each fiscal year, the greater of— 
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1 (i) 0.75 percent of the amounts ap2 propriated for the State Homeland Secu3 rity Grant Program; or 

4 (ii) the State’s per capita share, as 

5 defined by the 2002 census population esti6 mate, of 38.625 percent of the State 

7 Homeland Security Grant Program. 

8 (B) INSULAR AREAS.—Each insular area 

9 shall receive, for each fiscal year, the greater 

10 of— 

11 (i) 0.075 percent of the amounts ap12 propriated for the State Homeland Secu13 rity Grant Program; or 

14 (ii) the insular area’s per capita 

15 share, as defined by the 2002 census popu16 lation estimate, of 38.625 percent of the 

17 State Homeland Security Grant Program. 

18 (3) SECONDARY DISTRIBUTION.—After the dis19 tribution of funds under paragraph (2), the Sec20 retary shall, from the remaining funds for the State 

21 Homeland Security Grant Program and 10.8 percent 

22 of the amount appropriated for the Threat-Based 

23 Homeland Security Grant Program pursuant to sub24 section (j)(1), distribute on the basis of terrorist 

25 threat amounts to each State that— 
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1 (A) has a substantial percentage of its 

2 population residing in Metropolitan Statistical 

3 Areas, as defined by the Office of Management 

4 and Budget; 

5 (B) has a high degree of threat, risk, and 

6 vulnerability related to critical infrastructure or 

7 not less than 1 key asset identified by the Sec8 retary or State homeland security plan; 

9 (C) has an international border with Can10 ada or Mexico, or coastline bordering inter11 national waters of Canada, Mexico, or bordering 

12 the Atlantic Ocean, the Pacific Ocean, or the 

13 Gulf of Mexico; or 

14 (D) are subject to other threat factors 

15 specified in writing by the Secretary. 

16 (4) DISTRIBUTION OF FUNDS.—If the amounts 

17 tentatively allocated under paragraphs (1) through 

18 (3) equal the sum of the amounts appropriated pur19 suant to subsection (j), the Secretary shall distribute 

20 the appropriated amounts based on the tentative al21 location. 

22 (5) PROPORTIONAL REDUCTION.—If the 

23 amount appropriated for the Large High-Threat 

24 State Fund pursuant to subsection (j)(2) is less 

25 than 10.8 percent of the amount appropriated for 
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1 the Threat-Based Homeland Security Grant Pro2 gram pursuant to subsection (j)(1), the Secretary 

3 shall proportionately reduce the amounts tentatively 

4 allocated under paragraphs (1) through (3) so that 

5 the amount distributed is equal to the sum of the 

6 amounts appropriated for such programs. 

7 (6) FUNDING FOR LOCAL ENTITIES AND FIRST

8 RESPONDERS.—The Secretary shall require recipi9 ents of the State Homeland Security Grant to pro10 vide local governments and first responders, con11 sistent with the applicable State homeland security 

12 plan, with not less than 80 percent of the grant 

13 funds, the resources purchased with such grant 

14 funds, or a combination thereof, not later than 60 

15 days after receiving grant funding. 

16 (7) SUPPLEMENT NOT SUPPLANT.—Amounts 

17 appropriated for grants under this subsection shall 

18 be used to supplement and not supplant other State 

19 and local public funds obligated for the purposes 

20 provided under this Act. 

21 (8) LAW ENFORCEMENT TERRORISM PREVEN22 TION PROGRAM.— 

23 (A) IN GENERAL.—The Secretary shall 

24 designate not more than 25 percent of the 

25 amounts allocated through the State Homeland 
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1 Security Grant Program to be used for the Law 

2 Enforcement Terrorism Prevention Program to 

3 provide grants to law enforcement agencies to 

4 enhance capabilities for terrorism prevention. 

5 (B) USE OF FUNDS.—Grants awarded 

6 under this paragraph may be used for— 

7 (i) information sharing to preempt 

8 terrorist attacks; 

9 (ii) target hardening to reduce the 

10 vulnerability of selected high value targets; 

11 (iii) threat recognition to recognize 

12 the potential or development of a threat; 

13 (iv) intervention activities to interdict 

14 terrorists before they can execute a threat; 

15 (v) interoperable communication sys16 tems; 

17 (vi) overtime expenses related to the 

18 State Homeland Security Strategy ap19 proved by the Secretary; and 

20 (vii) any other terrorism prevention 

21 activity authorized by the Secretary. 

22 (f) REPORT ON HOMELAND SECURITY SPENDING.— 

23 Each recipient of a grant under this section shall annually 

24 submit a report to the Secretary that contains— 
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1 (A) an accounting of the amount of State 

2 and local funds spent on homeland security ac3 tivities under the applicable State homeland se4 curity plan; and 

5 (B) information regarding the use of grant 

6 funds by units of local government as required 

7 by the Secretary. 

8 (g) ACCOUNTABILITY.— 

9 (1) INTERIM PERFORMANCE MEASURES.— 

10 (A) IN GENERAL.—Before establishing per11 formance standards under paragraph (2), the 

12 Secretary shall assist each State in establishing 

13 interim performance measures based upon— 

14 (i) the goals and objectives under sub15 section (d)(2); and 

16 (ii) any other factors determined by 

17 the Secretary. 

18 (B) ANNUAL REPORT.—Before establishing 

19 performance measures under paragraph (2), 

20 each State with an approved State plan shall 

21 submit to the Secretary a report detailing the 

22 progress the State has made in meeting the in23 terim performance measures established under 

24 subparagraph (A). 

25 (2) NATIONAL PERFORMANCE STANDARDS.— 
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1 (A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this Act, the Sec3 retary shall set national performance standards 

4 based in part on the goals and objectives under 

5 subsection (d)(2) and any other factors the Sec6 retary determines relevant. 

7 (B) COMPLIANCE.—The Secretary shall 

8 ensure that State plans are in conformance 

9 with the standards set under subparagraph (A). 

10 (C) ANNUAL REPORT.—After the establish11 ment of performance standards under subpara12 graph (A), each State with an approved State 

13 homeland security plan shall submit to the Sec14 retary a report on the progress the State has 

15 made in meeting such standards. 

16 (3) GENERAL ACCOUNTING OFFICE ACCESS TO

17 INFORMATION.—Each recipient of a grant under this 

18 section and the Department of Homeland Security 

19 shall provide the General Accounting Office with full 

20 access to information regarding the activities carried 

21 out under this section. 

22 (4) AUDIT.—Grant recipients that expend 

23 $500,000 or more in Federal funds during any fiscal 

24 year shall submit to the Secretary an organization 

25 wide financial and compliance audit report in con-
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1 formance with the requirements of chapter 75 of 

2 title 31, United States Code. 

3 (h) REMEDIES FOR NON-COMPLIANCE.— 

4 (1) IN GENERAL.—If the Secretary finds, after 

5 reasonable notice and an opportunity for a hearing, 

6 that a recipient of a grant under this section has 

7 failed to substantially comply with any provision of 

8 this section, the Secretary shall— 

9 (A) terminate any payment of grant funds 

10 to be made to the recipient under this section; 

11 (B) reduce the amount of payment of 

12 grant funds to the recipient by an amount equal 

13 to the amount of grants funds that were not ex14 pended by the recipient in accordance with this 

15 section; or 

16 (C) limit the use of grant funds received 

17 under this section to programs, projects, or ac18 tivities not affected by the failure to comply. 

19 (2) DURATION OF PENALTY.—The Secretary 

20 shall apply an appropriate penalty under paragraph 

21 (1) until such time as the Secretary determines that 

22 the grant recipient is in full compliance with this 

23 section. 

24 (3) DIRECT FUNDING.—If a State fails to sub25 stantially comply with any provision of this section, 
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1 including failing to provide local governments with 

2 grant funds or resources purchased with grant funds 

3 in a timely fashion, a local government entitled to 

4 receive such grant funds or resources may petition 

5 the Secretary, at such time and in such manner as 

6 determined by the Secretary, to request that grant 

7 funds or resources be provided directly to the local 

8 government. 

9 (i) PARTICIPATION OF UNDER SECRETARY FOR

10 EMERGENCY PREPAREDNESS AND RESPONSE.— 

11 (1) PARTICIPATION.—The Under Secretary for 

12 Emergency Preparedness and Response shall partici13 pate in the grantmaking process for the Threat14 Based Homeland Security Grant Program for 

15 nonlaw enforcement-related grants in order to en16 sure that preparedness grants, where appropriate, 

17 are consistent, and are not in conflict, with the Rob18 ert T. Stafford Disaster Relief and Emergency As19 sistance Act (42 U.S.C. 5121 et seq.). 

20 (2) REPORTS.—The Under Secretary for Emer21 gency Preparedness and Response shall submit to 

22 the Committee on Environment and Public Works of 

23 the Senate and the Committee on Transportation 

24 and Infrastructure of the House of Representatives 

25 an annual report that describes— 
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1 (A) the status of the Threat-Based Home2 land Security Grant Program; and 

3 (B) the impact of that program on pro4 grams authorized under the Robert T. Stafford 

5 Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5121 et seq.). 

7 (j) REPORTS TO CONGRESS.—The Secretary shall 

8 submit an annual report to Congress that provides— 

9 (1) findings relating to the performance stand10 ards established under subsection (g); 

11 (2) the status of preparedness goals and objec12 tives; 

13 (3) an evaluation of how States and local gov14 ernments are meeting preparedness goals and objec15 tives; 

16 (4) the total amount of resources provided to 

17 the States; 

18 (5) the total amount of resources provided to 

19 units of local government; and 

20 (6) a list of how these resources were expended. 

21 (k) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) THREAT-BASED HOMELAND SECURITY

23 GRANT PROGRAM.—There are authorized to be ap24 propriated such sums as are necessary to carry out 

25 this section. 
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1 (2) LARGE HIGH-THREAT STATE FUND.—There 

2 are authorized to be appropriated 10.8 percent of 

3 the funds appropriated in any fiscal year pursuant 

4 to paragraph (1), which shall be used to carry out 

5 the Large High-Threat State Fund. 

6 SEC. 1057. ELIMINATING HOMELAND SECURITY FRAUD, 

7 WASTE, AND ABUSE. 

8 (a) ANNUAL GENERAL ACCOUNTING OFFICE AUDIT

9 AND REPORT.— 

10 (1) AUDIT.—The Comptroller General shall 

11 conduct an annual audit of the Threat Based Home12 land Security Grant Program 

13 (2) REPORT.—The Comptroller General shall 

14 provide a report to Congress on the results of the 

15 audit conducted under paragraph (1), which in16 cludes— 

17 (A) an analysis of whether the grant re18 cipients allocated funding consistent with the 

19 State homeland security plan and the guidelines 

20 established by the Department of Homeland Se21 curity; and 

22 (B) the amount of funding devoted to over23 time and administrative expenses. 

24 (b) REVIEWS OF THREAT-BASED HOMELAND SECU25 RITY FUNDING.—The Secretary, through the appropriate 
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1 agency, shall conduct periodic reviews of grants made 

2 through the Threat Based Homeland Security Grant Pro3 gram to ensure that recipients allocate funds consistent 

4 with the guidelines established by the Department of 

5 Homeland Security. 

6 (c) REMEDIES FOR NON-COMPLIANCE.—If the Sec7 retary determines, after reasonable notice and an oppor8 tunity for a hearing, that a recipient of a Threat Based 

9 Homeland Security Grant has failed to substantially com10 ply with any regulations or guidelines issues by the De11 partment regarding eligible expenditures, the Secretary 

12 shall— 

13 (1) terminate any payment of grant funds 

14 scheduled to be made to the recipient; 

15 (2) reduce the amount of payment of grant 

16 finds to the recipient by an amount equal to the 

17 amount of grant funds that were not expended by 

18 the recipient in accordance with such guidelines; or 

19 (3) limit the use of grant funds received under 

20 the Threat Based Homeland Security Grant Pro21 gram to programs, projects, or activities not affected 

22 by the failure to comply. 

23 (d) DURATION OF PENALTY.—The Secretary shall 

24 apply an appropriate penalty under subsection (c) until 

25 such time as the Secretary determines that the grant re-
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1 cipient is in full compliance with the guidelines established 

2 by the Department of Homeland Security. 

3 SEC. 1058. FLEXIBILITY IN UNSPENT HOMELAND SECURITY 

4 FUNDS. 

5 (a) REALLOCATION OF FUNDS.—The Director of the 

6 Office for Domestic Preparedness, Department of Home7 land Security, shall allow any State to request approval 

8 to reallocate funds received pursuant to appropriations for 

9 the State Homeland Security Grant Program under Public 

10 Laws 105–277 (112 Stat. 2681 et seq.), 106–113 (113 

11 Stat. 1501A–3 et seq.), 106–553 (114 Stat. 2762A–3 et 

12 seq.), 107–77 (115 Stat. 78 et seq.), or the Consolidated 

13 Appropriations Resolution of 2003 (Public Law 108–7), 

14 among the 4 categories of equipment, training, exercises, 

15 and planning. 

16 (b) APPROVAL OF REALLOCATION REQUESTS.—The 

17 Director shall approve reallocation requests under sub18 section (a) in accordance with the State plan and any 

19 other relevant factors that the Secretary of Homeland Se20 curity determines to be necessary. 

21 (c) LIMITATION.—A waiver under this section shall 

22 not affect the obligation of a State to pass through 80 

23 percent of the amount appropriated for equipment to units 

24 of local government. 
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1 SEC. 1059. CERTIFICATION RELATIVE TO THE SCREENING 

2 OF MUNICIPAL SOLID WASTE TRANSPORTED 

3 INTO THE UNITED STATES. 

4 (a) DEFINED TERM.—In this section, the term ‘‘mu5 nicipal solid waste’’ includes sludge (as defined in section 

6 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)). 

7 (b) REPORTS TO CONGRESS.—Not later than 90 days 

8 after the date of enactment of this Act, the Bureau of 

9 Customs and Border Protection of the Department of 

10 Homeland Security shall submit a report to Congress 

11 that— 

12 (1) indicates whether the methodologies and 

13 technologies used by the Bureau to screen for and 

14 detect the presence of chemical, nuclear, biological, 

15 and radiological weapons in municipal solid waste 

16 are as effective as the methodologies and tech17 nologies used by the Bureau to screen for such ma18 terials in other items of commerce entering into the 

19 United States by commercial motor vehicle trans20 port; and 

21 (2) if the methodologies and technologies used 

22 to screen solid waste are less effective than those 

23 used to screen other commercial items, identifies the 

24 actions that the Bureau will take to achieve the 

25 same level of effectiveness in the screening of solid 
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1 waste, including the need for additional screening 

2 technologies. 

3 (c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If 

4 the Bureau of Customs and Border Protection fails to 

5 fully implement the actions described in subsection (b)(2) 

6 before the earlier of 6 months after the date on which the 

7 report is due under subsection (b) or 6 months after the 

8 date on which such report is submitted, the Secretary of 

9 Homeland Security shall deny entry into the United States 

10 of any commercial motor vehicle (as defined in section 

11 31101(1) of title 49, United States Code) carrying munic12 ipal solid waste until the Secretary certifies to Congress 

13 that the methodologies and technologies used by the Bu14 reau to screen for and detect the presence of chemical, 

15 nuclear, biological, and radiological weapons in such waste 

16 are as effective as the methodologies and technologies used 

17 by the Bureau to screen for such materials in other items 

18 of commerce entering into the United States by commer19 cial motor vehicle transport. 

20 (d) EFFECTIVE DATE.—Notwithstanding section 

21 341, this section shall take effect on the date of enactment 

22 of this Act. 
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1 Subtitle F—Public Safety Spectrum 

2 SEC. 1061. SHORT TITLE; TABLE OF CONTENTS. 

3 (a) SHORT TITLE.—This title may be cited as the 

4 ‘‘Spectrum Availability for Emergency-Response and Law5 Enforcement To Improve Vital Emergency Services Act’’ 

6 or the ‘‘SAVE LIVES Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this title is as follows: 

Sec. 1061. Short title; table of contents. 

Sec. 1062. Findings. 

Sec. 1063. Setting a specific date for the availability of spectrum for public 

safety organizations and creating a deadline for the transition 

to digital television. 

Sec. 1063. Studies of communications capabilities and needs. 

Sec. 1064. Statutory authority for the Department of Homeland Security’s 

‘‘SAFECOM’’ program. 

Sec. 1065. Grant program to provide enhanced interoperability of communications for first responders. 

Sec. 1066. Digital transition public safety communications grant and consumer 

assistance fund. 

Sec. 1067. Digital transition program. 

Sec. 1068. FCC Authority to require label requirement for analog television 

sets. 

Sec. 1069. Report on consumer education program requirements. 

Sec. 1070. FCC to issue decision in certain proceedings. 

Sec. 1071. Definitions. 

Sec. 1072. Effective date. 

9 SEC. 1062. FINDINGS. 

10 The Congress finds the following: 

11 (1) In its final report, the 9–11 Commission ad12 vocated that Congress pass legislation providing for 

13 the expedited and increased assignment of radio 

14 spectrum for public safety purposes. The 9–11 Com15 mission stated that this spectrum was necessary to 

16 improve communications between local, State and 
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1 Federal public safety organizations and public safety 

2 organizations operating in neighboring jurisdictions 

3 that may respond to an emergency in unison. 

4 (2) Specifically, the 9–11 Commission report 

5 stated ‘‘The inability to communicate was a critical 

6 element at the World Trade Center, Pentagon and 

7 Somerset County, Pennsylvania, crash sites, where 

8 multiple agencies and multiple jurisdictions re9 sponded. The occurrence of this problem at three 

10 very different sites is strong evidence that compat11 ible and adequate communications among public 

12 safety organizations at the local, State, and Federal 

13 levels remains an important problem.’’. 

14 (3) In the Balanced Budget Act of 1997, the 

15 Congress directed the FCC to allocate spectrum cur16 rently being used by television broadcasters to public 

17 safety agencies to use for emergency communica18 tions. This spectrum has specific characteristics that 

19 make it an outstanding choice for emergency com20 munications because signals sent over these fre21 quencies are able to penetrate walls and travel great 

22 distances, and can assist multiple jurisdictions in de23 ploying interoperable communications systems. 

24 (4) This spectrum will not be fully available to 

25 public safety agencies until the completion of the 
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1 digital television transition. The need for this spec2 trum is greater than ever. The nation cannot risk 

3 further loss of life due to public safety agencies’ first 

4 responders’ inability to communicate effectively in 

5 the event of another terrorist act or other crisis, 

6 such as a hurricane, tornado, flood, or earthquake. 

7 (5) In the Balanced Budget Act of 1997, Con8 gress set a date of December 31, 2006, for the ter9 mination of the digital television transition. Under 

10 current law, however, the deadline will be extended 

11 if fewer than 85 percent of the television households 

12 in a market are able to continue receiving local tele13 vision broadcast signals. 

14 (6) Federal Communications Commission 

15 Chairman Michael K. Powell testified at a hearing 

16 before the Senate Commerce, Science, and Transpor17 tation Committee on September 8, 2004, that, ab18 sent government action, this extension may allow the 

19 digital television transition to continue for ‘‘decades’’ 

20 or ‘‘multiples of decades’’. 

21 (7) The Nation’s public safety and welfare can22 not be put off for ‘‘decades’’ or ‘‘multiples of dec23 ades’’. The Federal government should ensure that 

24 this spectrum is available for use by public safety or25 ganizations by January 1, 2009. 
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1 (8) Any plan to end the digital television transi2 tion would be incomplete if it did not ensure that 

3 consumers would be able to continue to enjoy over4 the-air broadcast television with minimal disruption. 

5 If broadcasters air only a digital signal, some con6 sumers may be unable to view digital transmissions 

7 using their analog-only television set. Local broad8 casters are truly an important part of our homeland 

9 security and often an important communications ve10 hicle in the event of a national emergency. There11 fore, consumers who rely on over-the-air television, 

12 particularly those of limited economic means, should 

13 be assisted. 

14 (9) The New America Foundation has testified 

15 before Congress that the cost to assist these 17.4 

16 million exclusively over-the-air households to con17 tinue to view television is less than $1 billion dollars 

18 for equipment, which equates to roughly 3 percent 

19 of the Federal revenue likely from the auction of the 

20 analog television spectrum. 

21 (10) Specifically, the New America Foundation 

22 has estimated that the Federal Government’s auc23 tion of this spectrum could yield $30-to-$40 billion 

24 in revenue to the Treasury. Chairman Powell stated 

25 at the September 8, 2004, hearing that ‘‘estimates 
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1 of the value of that spectrum run anywhere from 

2 $30 billion to $70 billion’’. 

3 (11) Additionally, there will be societal benefits 

4 with the return of the analog broadcast spectrum. 

5 Former FCC Chairman Reed F. Hundt, at an April 

6 28, 2004, hearing before the Senate Commerce, 

7 Science, and Transportation Committee, testified 

8 that this spectrum ‘‘should be the fit and proper 

9 home of wireless broadband’’. Mr. Hundt continued, 

10 ‘‘Quite literally, [with this spectrum] the more mil11 lions of people in rural America will be able to afford 

12 Big Broadband Internet access, the more hundreds 

13 of millions of people in the world will be able to af14 ford joining the Internet community.’’. 

15 (12) Due to the benefits that would flow to the 

16 Nation’s citizens from the Federal Government re17 claiming this analog television spectrum—including 

18 the safety of our Nation’s first responders and those 

19 protected by first responders, additional revenues to 

20 the Federal treasury, millions of new jobs in the 

21 telecommunications sector of the economy, and in22 creased wireless broadband availability to our Na23 tion’s rural citizens—Congress finds it necessary to 

24 set January 1, 2009, as a firm date for the return 

25 of this analog television spectrum. 
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1 SEC. 1063. SETTING A SPECIFIC DATE FOR THE AVAIL2 ABILITY OF SPECTRUM FOR PUBLIC SAFETY 

3 ORGANIZATIONS AND CREATING A DEADLINE 

4 FOR THE TRANSITION TO DIGITAL TELE5 VISION. 

6 (a) IN GENERAL.—Section 309(j)(14) of the Commu7 nications Act of 1934 (47 U.S.C. 309(j)(14)) is amended 

8 by adding at the end the following: 

9 ‘‘(E) ACCELERATION OF DEADLINE FOR

10 PUBLIC SAFETY USE.— 

11 ‘‘(i) Notwithstanding subparagraphs 

12 (A) and (B), the Commission shall take all 

13 action necessary to complete by December 

14 31, 2007— 

15 ‘‘(I) the return of television sta16 tion licenses operating on channels be17 tween 764 and 776 megaHertz and 

18 between 794 and 806 megaHertz; and 

19 ‘‘(II) assignment of the electro20 magnetic spectrum between 764 and 

21 776 megahertz, and between 794 and 

22 806 megahertz, for public safety serv23 ices. 

24 ‘‘(ii) Notwithstanding subparagraphs 

25 (A) and (B), the Commission shall have 

26 the authority to modify, reassign, or re-
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1 quire the return of, the television station 

2 licenses assigned to frequencies between 

3 758 and 764 megahertz, 776 and 782 

4 megahertz, and 788 and 794 megahertz as 

5 necessary to permit operations by public 

6 safety services on frequencies between 764 

7 and 776 megahertz and between 794 and 

8 806 megahertz, after the date of enact9 ment of this section, but such modifica10 tions, reassignments, or returns may not 

11 take effect until after December 31, 

12 2007.’’. 

13 (b) The FCC may waive the requirements of sections 

14 (i) and (ii) and such other rules as necessary— 

15 (A) in the absence of a bona fide request 

16 from relevant first responders in the affected 

17 designated market area, and; 

18 (B) to the extent necessary to avoid con19 sumer disruption but only if all relevant public 

20 safety entities are able to use such frequencies 

21 free of interference by December 31, 2007, or 

22 are otherwise able to resolve interference issues 

23 with relevant broadcast licensee by mutual 

24 agreement.’’ 
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1 SEC. 1064. STUDIES OF COMMUNICATIONS CAPABILITIES 

2 AND NEEDS. 

3 (a) IN GENERAL.—The Commission, in consultation 

4 with the Secretary of Homeland Security, shall conduct 

5 a study to assess strategies that may be used to meet pub6 lic safety communications needs, including— 

7 (1) the short-term and long-term need for addi8 tional spectrum allocation for Federal, State, and 

9 local first responders, including an additional alloca10 tion of spectrum in the 700 megaHertz band; 

11 (2) the need for a nationwide interoperable 

12 broadband mobile communications network; 

13 (3) the ability of public safety entities to utilize 

14 wireless broadband applications; and 

15 (4) the communications capabilities of first re16 ceivers such as hospitals and health care workers, 

17 and current efforts to promote communications co18 ordination and training among the first responders 

19 and the first receivers. 

20 (b) REALLOCATION STUDY.—The Commission shall 

21 conduct a study to assess the advisability of reallocating 

22 any amount of spectrum in the 700 megaHertz band for 

23 unlicensed broadband uses. In the study, the Commission 

24 shall consider all other possible users of this spectrum, in25 cluding public safety. 
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1 (c) REPORT.—The Commission shall report the re2 sults of the studies, together with any recommendations 

3 it may have, to the Senate Committee on Commerce, 

4 Science, and Transportation and the House of Represent5 atives Committee on Energy and Commerce within 1 year 

6 after the date of enactment of this Act. 

7 SEC. 1065. STATUTORY AUTHORITY FOR THE DEPARTMENT 

8 OF HOMELAND SECURITY’S ‘‘SAFECOM’’ PRO9 GRAM. 

10 Section 302 of the Homeland Security Act of 2002 

11 (6 U.S.C. 182) is amended— 

12 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

13 ‘‘The’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(b) SAFECOM AUTHORIZED.— 

16 ‘‘(1) IN GENERAL.—In carrying out subsection 

17 (a), the Under Secretary shall establish a program 

18 to address the interoperability of communications 

19 devices used by Federal, State, tribal, and local first 

20 responders, to be known as the Wireless Public Safe21 ty Interoperability Communications Program, or 

22 ‘SAFECOM’. The Under Secretary shall coordinate 

23 the program with the Director of the Department of 

24 Justice’s Office of Science and Technology and all 

25 other Federal programs engaging in communications 
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1 interoperability research, development, and funding 

2 activities to ensure that the program takes into ac3 count, and does not duplicate, those programs or ac4 tivities. 

5 ‘‘(2) COMPONENTS.—The program established 

6 under paragraph (1) shall be designed— 

7 ‘‘(A) to provide research on the develop8 ment of a communications system architecture 

9 that would ensure the interoperability of com10 munications devices among Federal, State, trib11 al, and local officials that would enhance the 

12 potential for a coordinated response to a na13 tional emergency; 

14 ‘‘(B) to support the completion and pro15 mote the adoption of mutually compatible vol16 untary consensus standards developed by a 

17 standards development organization accredited 

18 by the American National Standards Institute 

19 to ensure such interoperability; and 

20 ‘‘(C) to provide for the development of a 

21 model strategic plan that could be used by any 

22 State or region in developing its communica23 tions interoperability plan. 
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1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Sec3 retary to carry out this subsection— 

4 ‘‘(A) $22,105,000 for fiscal year 2005; 

5 ‘‘(B) $22,768,000 for fiscal year 2006; 

6 ‘‘(C) $23,451,000 for fiscal year 2007; 

7 ‘‘(D) $24,155,000 for fiscal year 2008; 

8 and 

9 ‘‘(E) $24,879,000 for fiscal year 2009. 

10 ‘‘(c) NATIONAL BASELINE STUDY OF PUBLIC SAFE11 TY COMMUNICATIONS INTEROPERABILITY.—By December 

12 31, 2005, the Under Secretary of Homeland Security for 

13 Science and Technology shall complete a study to develop 

14 a national baseline for communications interoperability 

15 and develop common grant guidance for all Federal grant 

16 programs that provide communications-related resources 

17 or assistance to State and local agencies, any Federal pro18 grams conducting demonstration projects, providing tech19 nical assistance, providing outreach services, providing 

20 standards development assistance, or conducting research 

21 and development with the public safety community with 

22 respect to wireless communications. The Under Secretary 

23 shall transmit a report to the Senate Committee on Com24 merce, Science, and Transportation and the House of Rep25 resentatives Committee on Energy and Commerce con-
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1 taining the Under Secretary’s findings, conclusions, and 

2 recommendations from the study.’’. 

3 SEC. 1066. GRANT PROGRAM TO PROVIDE ENHANCED 

4 INTEROPERABILITY OF COMMUNICATIONS 

5 FOR FIRST RESPONDERS. 

6 (a) IN GENERAL.—The Secretary of Homeland Secu7 rity shall establish a program to help State, local, tribal, 

8 and regional first responders acquire and deploy interoper9 able communications equipment, purchase such equip10 ment, and train personnel in the use of such equipment. 

11 The Secretary, in cooperation with the heads of other Fed12 eral departments and agencies who administer programs 

13 that provide communications-related assistance programs 

14 to State, local, and tribal public safety organizations, shall 

15 develop and implement common standards to the greatest 

16 extent practicable. 

17 (b) APPLICATIONS.—To be eligible for assistance 

18 under the program, a State, local, tribal, or regional first 

19 responder agency shall submit an application, at such 

20 time, in such form, and containing such information as 

21 the Under Secretary of Homeland Security for Science 

22 and Technology may require, including— 

23 (1) a detailed explanation of how assistance re24 ceived under the program would be used to improve 

25 local communications interoperability and ensure 
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1 interoperability with other appropriate Federal, 

2 State, local, tribal, and regional agencies in a re3 gional or national emergency; 

4 (2) assurance that the equipment and system 

5 would— 

6 (A) not be incompatible with the commu7 nications architecture developed under section 

8 302(b)(2)(A) of the Homeland Security Act of 

9 2002; 

10 (B) would meet any voluntary consensus 

11 standards developed under section 302(b)(2)(B) 

12 of that Act; and 

13 (C) be consistent with the common grant 

14 guidance established under section 302(b)(3) of 

15 the Homeland Security Act of 2002. 

16 (c) GRANTS.—The Under Secretary shall review ap17 plications submitted under subsection (b). The Secretary, 

18 pursuant to an application approved by the Under Sec19 retary, may make the assistance provided under the pro20 gram available in the form of a single grant for a period 

21 of not more than 3 years. 
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1 SEC. 1067. DIGITAL TRANSITION PUBLIC SAFETY COMMU2 NICATIONS GRANT AND CONSUMER ASSIST3 ANCE FUND. 

4 (a) IN GENERAL.—There is established on the books 

5 of the Treasury a separate fund to be known as the ‘‘Dig6 ital Transition Consumer Assistance Fund’’, which shall 

7 be administered by the Secretary, in consultation with the 

8 Assistant Secretary of Commerce for Communications and 

9 Information. 

10 (b) CREDITING OF RECEIPTS.—The Fund shall be 

11 credited with the amount specified in section 309(j)(8)(D) 

12 of the Communications Act of 1934 (47 U.S.C. 

13 309(j)(8)(D)). 

14 (c) FUND AVAILABILITY.— 

15 (1) APPROPRIATIONS.— 

16 (A) CONSUMER ASSISTANCE PROGRAM.— 

17 There are appropriated to the Secretary from 

18 the Fund such sums, not to exceed 

19 $1,000,000,000, as are required to carry out 

20 the program established under section 8 of this 

21 Act. 

22 (B) PSO GRANT PROGRAM.—To the extent 

23 that amounts available in the Fund exceed the 

24 amount required to carry out that program, 

25 there are authorized to be appropriated to the 

26 Secretary of Homeland Security, such sums as 
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1 are required to carry out the program estab2 lished under section 6 of this Act, not to exceed 

3 an amount, determined by the Director of the 

4 Office of Management and Budget, on the basis 

5 of the findings of the National Baseline Inter6 operability study conducted by the SAFECOM 

7 Office of the Department of Homeland Secu8 rity. 

9 (2) REVERSION OF UNUSED FUNDS.—Any auc10 tion proceeds in the Fund that are remaining after 

11 the date on which the programs under section 6 and 

12 8 of this Act terminate, as determined by the Sec13 retary of Homeland Security and the Secretary of 

14 Commerce respectively, shall revert to and be depos15 ited in the general fund of the Treasury. 

16 (d) DEPOSIT OF AUCTION PROCEEDS.—Paragraph 

17 (8) of section 309(j) of the Communications Act of 1934 

18 (47 U.S.C. 309(j)) is amended— 

19 (1) by inserting ‘‘or subparagraph (D)’’ in sub20 paragraph (A) after ‘‘subparagraph (B)’’; and 

21 (2) by adding at the end the following new sub22 paragraph: 

23 ‘‘(D) DISPOSITION OF CASH PROCEEDS

24 FROM AUCTION OF CHANNELS 52 THROUGH

25 69.—Cash proceeds attributable to the auction 
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1 of any eligible frequencies between 698 and 806 

2 megaHertz on the electromagnetic spectrum 

3 conducted after the date of enactment of the 

4 SAVE LIVES Act shall be deposited in the 

5 Digital Transition Consumer Assistance Fund 

6 established under section 7 of that Act.’’. 

7 SEC. 1068. DIGITAL TRANSITION PROGRAM. 

8 (a) IN GENERAL.—The Secretary, in consultation 

9 with the Commission and the Director of the Office of 

10 Management and Budget, shall establish a program to as11 sist households— 

12 (1) in the purchase or other acquisition of dig13 ital-to-analog converter devices that will enable tele14 vision sets that operate only with analog signal proc15 essing to continue to operate when receiving a dig16 ital signal; 

17 (2) in the payment of a one-time installation fee 

18 (not in excess of the industry average fee for the 

19 date, locale, and structure involved, as determined 

20 by the Secretary) for installing the equipment re21 quired for residential reception of services provided 

22 by a multichannel video programming distributor (as 

23 defined in section 602(13) of the Communications 

24 Act of 1934 (47 U.S.C. 602(13)); or 
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1 (3) in the purchase of any other device that will 

2 enable the household to receive over-the-air digital 

3 television broadcast signals, but in an amount not in 

4 excess of the average per-household assistance pro5 vided under paragraphs (1) and (2). 

6 (b) PROGRAM CRITERIA.—The Secretary shall ensure 

7 that the program established under subsection (a)— 

8 (1) becomes publicly available no later than 

9 January 1, 2008; 

10 (2) gives first priority to assisting lower income 

11 households (as determined by the Director of the 

12 Bureau of the Census for statistical reporting pur13 poses) who rely exclusively on over-the-air television 

14 broadcasts; 

15 (3) gives second priority to assisting other 

16 households who rely exclusively on over-the-air tele17 vision broadcasts; 

18 (4) is technologically neutral; and 

19 (5) is conducted at the lowest feasible adminis20 trative cost. 

21 SEC. 1069. FCC AUTHORITY TO REQUIRE LABEL REQUIRE22 MENT FOR ANALOG TELEVISION SETS. 

23 (a) IN GENERAL.—Section 303 of the Communica24 tions Act of 1934 (47 U.S.C. 303) is amended by adding 

25 at the end the following: 
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1 ‘‘(z) If the Commission acts to set a hard deadline 

2 for the return of analog spectrum pursuant to section 

3 309(j)(14), it shall have the authority to require that any 

4 apparatus described in paragraph (s) sold or offered for 

5 sale in or affecting interstate commerce, that is incapable 

6 of receiving and displaying a digital television broadcast 

7 signal without the use of an external device that translates 

8 digital television broadcast signals into analog television 

9 broadcast signals have affixed to it and, if it is sold or 

10 offered for sale in a container, affixed to that container, 

11 a label that states that the apparatus will be incapable 

12 of displaying over-the-air television broadcast signals re13 ceived after a date determined by the FCC, without the 

14 purchase of additional equipment.’’. 

15 (b) POINT OF SALE WARNING.—If the Commission 

16 acts to set a hard deadline for the return of analog spec17 trum pursuant to section 309(j)(14), then the Commis18 sion, in consultation with the Federal Trade Commission, 

19 shall have the authority to require the display at, or in 

20 close proximity to, any commercial retail sales display of 

21 television sets described in section 303(z) of the Commu22 nications Act of 1934 (47 U.S.C. 303(z)) sold or offered 

23 for sale in or affecting interstate commerce after a date 

24 determined by the Commission, of a printed notice that 

25 clearly and conspicuously states that the sets will be in-
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1 capable of displaying over-the-air television broadcast sig2 nals received after the hard deadline established by the 

3 Commission, without the purchase or lease of additional 

4 equipment. 

5 SEC. 1070. REPORT ON CONSUMER EDUCATION PROGRAM 

6 REQUIREMENTS. 

7 Within 1 year after the date of enactment of this Act, 

8 the Assistant Secretary of Commerce for Communications 

9 and Information, after consultation with the Commission, 

10 shall transmit a report to the Senate Committee on Com11 merce, Science, and Transportation and the House of Rep12 resentatives Committee on Energy and Commerce con13 taining recommendations with respect to— 

14 (1) an effective program to educate consumers 

15 about the transition to digital television broadcast 

16 signals and the impact of that transition on con17 sumers’ choices of equipment to receive such signals; 

18 (2) the need, if any, for Federal funding for 

19 such a program; 

20 (3) the date of commencement and duration of 

21 such a program; and 

22 (4) what department or agency should have the 

23 lead responsibility for conducting such a program. 
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1 SEC. 1071. FCC TO ISSUE DECISION IN CERTAIN PRO2 CEEDINGS. 

3 The Commission shall issue a final decision before— 

4 (1) January 1, 2005, in the Matter of Carriage 

5 of Digital Television Broadcast Signals; Amend6 ments to Part 76 of the Commission’s Rules, CS 

7 Docket No. 98-120; 

8 (2) January 1, 2005, in the Matter of Public 

9 Interest Obligations of TV Broadcast Licensees, MM 

10 Docket No. 99-360; and 

11 (3) January 1, 2006, in the Implementation of 

12 the Satellite Home Viewer Improvement Act of 

13 1999; Local Broadcast Signal Carriage Issues, CS 

14 Docket No. 00-96. 

15 SEC. 1072. DEFINITIONS. 

16 In this title: 

17 (1) COMMISSION.—The term ‘‘Commission’’ 

18 means the Federal Communications Commission. 

19 (2) FUND.—The term ‘‘Fund’’ means the Dig20 ital Transition Consumer Assistance Fund estab21 lished by section 7. 

22 (3) SECRETARY.—Except where otherwise ex23 pressly provided, the term ‘‘Secretary’’ means the 

24 Secretary of Commerce. 
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1 SEC. 1073. EFFECTIVE DATE. 

2 This title takes effect on the date of enactment of 

3 this Act. 

4 Subtitle G—Presidential Transition 

5 SEC. 1081. PRESIDENTIAL TRANSITION. 

6 (a) SERVICES PROVIDED PRESIDENT-ELECT.—Sec7 tion 3 of the Presidential Transition Act of 1963 (3 

8 U.S.C. 102 note) is amended— 

9 (1) by adding after subsection (a)(8)(A)(iv) the 

10 following: 

11 ‘‘(v) Activities under this paragraph 

12 shall include the preparation of a detailed 

13 classified, compartmented summary by the 

14 relevant outgoing executive branch officials 

15 of specific operational threats to national 

16 security; major military or covert oper17 ations; and pending decisions on possible 

18 uses of military force. This summary shall 

19 be provided to the President-elect as soon 

20 as possible after the date of the general 

21 elections held to determine the electors of 

22 President and Vice President under section 

23 1 or 2 of title 3, United States Code.’’; 

24 (2) by redesignating subsection (f) as sub25 section (g); and 

26 (3) by adding after subsection (e) the following: 
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1 ‘‘(f)(1) The President-elect should submit to the Fed2 eral Bureau of Investigation or other appropriate agency 

3 and then, upon taking effect and designation, to the agen4 cy designated by the President under section 115(b) of 

5 the National Intelligence Reform Act of 2004, the names 

6 of candidates for high level national security positions 

7 through the level of undersecretary of cabinet departments 

8 as soon as possible after the date of the general elections 

9 held to determine the electors of President and Vice Presi10 dent under section 1 or 2 of title 3, United States Code. 

11 ‘‘(2) The responsible agency or agencies shall under12 take and complete as expeditiously as possible the back13 ground investigations necessary to provide appropriate se14 curity clearances to the individuals who are candidates de15 scribed under paragraph (1) before the date of the inau16 guration of the President-elect as President and the inau17 guration of the Vice-President-elect as Vice President.’’. 

18 (b) SENSE OF THE SENATE REGARDING EXPEDITED

19 CONSIDERATION OF NATIONAL SECURITY NOMINEES.— 

20 It is the sense of the Senate that— 

21 (1) the President-elect should submit the nomi22 nations of candidates for high-level national security 

23 positions, through the level of undersecretary of cab24 inet departments, to the Senate by the date of the 

25 inauguration of the President-elect as President; and 
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1 (2) for all such national security nominees re2 ceived by the date of inauguration, the Senate com3 mittees to which these nominations are referred 

4 should, to the fullest extent possible, complete their 

5 consideration of these nominations, and, if such 

6 nominations are reported by the committees, the full 

7 Senate should vote to confirm or reject these nomi8 nations, within 30 days of their submission. 

9 (c) SECURITY CLEARANCES FOR TRANSITION TEAM

10 MEMBERS.— 

11 (1) DEFINITION.—In this section, the term 

12 ‘‘major party’’ shall have the meaning given under 

13 section 9002(6) of the Internal Revenue Code of 

14 1986. 

15 (2) IN GENERAL.—Each major party candidate 

16 for President may submit, before the date of the 

17 general election, requests for security clearances for 

18 prospective transition team members who will have 

19 a need for access to classified information to carry 

20 out their responsibilities as members of the Presi21 dent-elect’s transition team. 

22 (3) COMPLETION DATE.—Necessary back23 ground investigations and eligibility determinations 

24 to permit appropriate prospective transition team 

25 members to have access to classified information 
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1 shall be completed, to the fullest extent practicable, 

2 by the day after the date of the general election. 

3 (d) EFFECTIVE DATE.—Notwithstanding section 

4 341, this section and the amendments made by this sec5 tion shall take effect on the date of enactment of this Act. 

6 TITLE XII—GENERAL 

7 PROVISIONS 

8 SEC. 1101. AMENDMENTS TO CLINGER-COHEN PROVISIONS 

9 TO ENHANCE AGENCY PLANNING FOR INFOR10 MATION SECURITY NEEDS. 

11 Chapter 113 of title 40, United States Code, is 

12 amended— 

13 (1) in section 11302(b), by inserting ‘‘security,’’ 

14 after ‘‘use,’’; 

15 (2) in section 11302(c), by inserting ‘‘, includ16 ing information security risks,’’ after ‘‘risks’’ both 

17 places it appears; 

18 (3) in section 11312(b)(1), by striking ‘‘infor19 mation technology investments’’ and inserting ‘‘in20 vestments in information technology (including infor21 mation security needs)’’; and 

22 (4) in section 11315(b)(2), by inserting ‘‘, se23 cure,’’ after ‘‘sound’’. 
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1 SEC. 1102. FINANCIAL DISCLOSURE AND RECORDS. 

2 (a) STUDY.—Not later than 180 days after the date 

3 of enactment of this Act, the Office of Government Ethics 

4 shall submit to Congress a report— 

5 (1) evaluating the financial disclosure process 

6 for employees of the executive branch of Govern7 ment; and 

8 (2) making recommendations for improving that 

9 process. 

10 (b) TRANSMITTAL OF RECORD RELATING TO PRESI11 DENTIALLY APPOINTED POSITIONS TO PRESIDENTIAL

12 CANDIDATES.— 

13 (1) DEFINITION.—In this section, the term 

14 ‘‘major party’’ has the meaning given that term 

15 under section 9002(6) of the Internal Revenue Code 

16 of 1986. 

17 (2) TRANSMITTAL.— 

18 (A) IN GENERAL.—Not later than 15 days 

19 after the date on which a major party nomi20 nates a candidate for President, the Office of 

21 Personnel Management shall transmit an elec22 tronic record to that candidate on Presidentially 

23 appointed positions. 

24 (B) OTHER CANDIDATES.—After making 

25 transmittals under subparagraph (A), the Of26 fice of Personnel Management may transmit an 
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1 electronic record on Presidentially appointed po2 sitions to any other candidate for President. 

3 (3) CONTENT.—The record transmitted under 

4 this subsection shall provide— 

5 (A) all positions which are appointed by 

6 the President, including the title and descrip7 tion of the duties of each position; 

8 (B) the name of each person holding a po9 sition described under subparagraph (A); 

10 (C) any vacancy in the positions described 

11 under subparagraph (A), and the period of time 

12 any such position has been vacant; 

13 (D) the date on which an appointment 

14 made after the applicable Presidential election 

15 for any position described under subparagraph 

16 (A) is necessary to ensure effective operation of 

17 the Government; and 

18 (E) any other information that the Office 

19 of Personnel Management determines is useful 

20 in making appointments. 

21 (c) REDUCTION OF POSITIONS REQUIRING APPOINT22 MENT WITH SENATE CONFIRMATION.— 

23 (1) DEFINITION.—In this subsection, the term 

24 ‘‘agency’’ means an Executive agency as defined 

25 under section 105 of title 5, United States Code. 
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1 (2) REDUCTION PLAN.— 

2 (A) IN GENERAL.—Not later than 180 

3 days after the date of enactment of this Act, 

4 the head of each agency shall submit a Presi5 dential appointment reduction plan to— 

6 (i) the President; 

7 (ii) the Committee on Governmental 

8 Affairs of the Senate; and 

9 (iii) the Committee on Government 

10 Reform of the House of Representatives. 

11 (B) CONTENT.—The plan under this para12 graph shall provide for the reduction of— 

13 (i) the number of positions within that 

14 agency that require an appointment by the 

15 President, by and with the advice and con16 sent of the Senate; and 

17 (ii) the number of levels of such posi18 tions within that agency. 

19 (d) OFFICE OF GOVERNMENT ETHICS REVIEW OF

20 CONFLICT OF INTEREST LAW.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of enactment of this Act, the Director 

23 of the Office of Government Ethics, in consultation 

24 with the Attorney General of the United States, 

25 shall conduct a comprehensive review of conflict of 
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1 interest laws relating to Federal employment and 

2 submit a report to— 

3 (A) the President; 

4 (B) the Committee on Governmental Af5 fairs of the Senate; 

6 (C) the Committee on the Judiciary of the 

7 Senate; 

8 (D) the Committee on Government Reform 

9 of the House of Representatives; and 

10 (E) the Committee on the Judiciary of the 

11 House of Representatives. 

12 (2) CONTENT.—The report under this sub13 section shall— 

14 (A) examine all Federal criminal conflict of 

15 interest laws relating to Federal employment, 

16 including the relevant provisions of chapter 11 

17 of title 18, United States Code; and 

18 (B) related civil conflict of interest laws, 

19 including regulations promulgated under section 

20 402 of the Ethics in Government Act of 1978 

21 (5 U.S.C. App.). 

22 SEC. 1103. HOMELAND SECURITY GEOGRAPHIC INFORMA23 TION. 

24 (a) FINDINGS.—Congress finds that— 
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1 (1) geographic technologies and geographic data 

2 improve government capabilities to detect, plan, pre3 pare, and respond to disasters in order to save lives 

4 and protect property; 

5 (2) geographic data improves the ability of in6 formation technology applications and systems to en7 hance public security in a cost-effective manner; and 

8 (3) geographic information preparedness in the 

9 United States, and specifically in the Department of 

10 Homeland Security, is insufficient because of— 

11 (A) inadequate geographic data compat12 ibility; 

13 (B) insufficient geographic data sharing; 

14 and 

15 (C) technology interoperability barriers. 

16 (b) HOMELAND SECURITY GEOGRAPHIC INFORMA17 TION.—Section 703 of the Homeland Security Act of 2002 

18 (6 U.S.C. 343) is amended— 

19 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

20 ‘‘The Chief Information’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(b) GEOGRAPHIC INFORMATION FUNCTIONS.— 

23 ‘‘(1) DEFINITION.—In this subsection, the term 

24 ‘geographic information’ means the information sys-
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1 tems that involve locational data, such as maps or 

2 other geospatial information resources. 

3 ‘‘(2) OFFICE OF GEOSPATIAL MANAGEMENT.— 

4 ‘‘(A) ESTABLISHMENT.—The Office of 

5 Geospatial Management is established within 

6 the Office of the Chief Information Officer. 

7 ‘‘(B) GEOSPATIAL INFORMATION OFFI8 CER.— 

9 ‘‘(i) APPOINTMENT.—The Office of 

10 Geospatial Management shall be adminis11 tered by the Geospatial Information Offi12 cer, who shall be appointed by the Sec13 retary and serve under the direction of the 

14 Chief Information Officer. 

15 ‘‘(ii) FUNCTIONS.—The Geospatial In16 formation Officer shall assist the Chief In17 formation Officer in carrying out all func18 tions under this section and in coordi19 nating the geographic information needs of 

20 the Department. 

21 ‘‘(C) COORDINATION OF GEOGRAPHIC IN22 FORMATION.—The Chief Information Officer 

23 shall establish and carry out a program to pro24 vide for the efficient use of geographic informa25 tion, which shall include— 
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1 ‘‘(i) providing such geographic infor2 mation as may be necessary to implement 

3 the critical infrastructure protection pro4 grams; 

5 ‘‘(ii) providing leadership and coordi6 nation in meeting the geographic informa7 tion requirements of those responsible for 

8 planning, prevention, mitigation, assess9 ment and response to emergencies, critical 

10 infrastructure protection, and other func11 tions of the Department; and 

12 ‘‘(iii) coordinating with users of geo13 graphic information within the Department 

14 to assure interoperability and prevent un15 necessary duplication. 

16 ‘‘(D) RESPONSIBILITIES.—In carrying out 

17 this subsection, the responsibilities of the Chief 

18 Information Officer shall include— 

19 ‘‘(i) coordinating the geographic infor20 mation needs and activities of the Depart21 ment; 

22 ‘‘(ii) implementing standards, as 

23 adopted by the Director of the Office of 

24 Management and Budget under the proc25 esses established under section 216 of the 
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1 E-Government Act of 2002 (44 U.S.C. 

2 3501 note), to facilitate the interoper3 ability of geographic information per4 taining to homeland security among all 

5 users of such information within— 

6 ‘‘(I) the Department; 

7 ‘‘(II) State and local government; 

8 and 

9 ‘‘(III) the private sector; 

10 ‘‘(iii) coordinating with the Federal 

11 Geographic Data Committee and carrying 

12 out the responsibilities of the Department 

13 pursuant to Office of Management and 

14 Budget Circular A–16 and Executive 

15 Order 12906; and 

16 ‘‘(iv) making recommendations to the 

17 Secretary and the Executive Director of 

18 the Office for State and Local Government 

19 Coordination and Preparedness on award20 ing grants to— 

21 ‘‘(I) fund the creation of geo22 graphic data; and 

23 ‘‘(II) execute information sharing 

24 agreements regarding geographic data 
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1 with State, local, and tribal govern2 ments. 

3 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this subsection for 

6 each fiscal year.’’. 

7 SEC. 1104. URBAN AREA COMMUNICATIONS CAPABILITIES. 

8 Section 510 of the Homeland Security Act of 2002, 

9 as added by this Act, is amended by inserting ‘‘, and shall 

10 have appropriate and timely access to the Information 

11 Sharing Network described in section 206(c) of the Na12 tional Intelligence Reform Act of 2004’’ after ‘‘each other 

13 in the event of an emergency’’. 

14 SEC. 1105. UNIFIED INCIDENT COMMAND CENTER. 

15 The United States needs to implement the rec16 ommendations of the National Commission on Terrorist 

17 Attacks Upon the United States to adopt a unified inci18 dent command system and significantly enhance commu19 nications connectivity between and among civilian authori20 ties, local first responders, and the National Guard. The 

21 unified incident command system should enable emergency 

22 managers and first responders to manage, generate, re23 ceive, evaluate, share, and use information in the event 

24 of a terrorist attack or a significant national disaster. 
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1 SEC. 1106. AVIATION AND TRANSPORTATION SECURITY 

2 ACT. 

3 Section 145(c) of the Aviation and Transportation 

4 Security Act (49 U.S.C. 40101 note) is amended by strik5 ing ‘‘more than’’ and all that follows through ‘‘after’’ and 

6 inserting ‘‘more than 48 months after’’. 

7 SEC. 1107. LIQUEFIED NATURAL GAS MARINE TERMINALS. 

8 Congress finds that plans developed by the Depart9 ment of Homeland Security to protect critical energy in10 frastructure should include risk assessments and protec11 tive measures for existing and proposed liquefied natural 

12 gas marine terminals. 

13 SEC. 1108. REPORT ON INTERNATIONAL AIR CARGO 

14 THREATS. 

15 (a) REPORT.—Within 180 days after the date of en16 actment of this Act, the Secretary of Homeland Security, 

17 in coordination with the Secretary of Defense and the Ad18 ministrator of the Federal Aviation Administration, shall 

19 submit a report to the Committee on Commerce, Science, 

20 and Transportation and the Committee on Governmental 

21 Affairs of the Senate and the Committee on Transpor22 tation and Infrastructure and the Select Committee on 

23 Homeland Security of the House of Representatives that 

24 contains the following: 

25 (1) A description of the current procedures in 

26 place to address the threat of an inbound all-cargo 
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1 aircraft from outside the United States that intel2 ligence sources indicate could carry explosive, incen3 diary, chemical, biological or nuclear devices. 

4 (2) An analysis of the potential for establishing 

5 secure facilities along established international avia6 tion routes for the purposes of diverting and secur7 ing aircraft described in paragraph (1). 

8 (b) REPORT FORMAT.—The Secretary may submit 

9 all, or part, of the report required by this section in classi10 fied and redacted form if the Secretary determines that 

11 it is appropriate or necessary. 

12 SEC. 1109. COMMUNICATION SYSTEM GRANTS. 

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity may award grants, on a competitive basis, to States, 

15 local governments, local law enforcement agencies, and 

16 local fire departments to— 

17 (1) improve communication systems to allow for 

18 real time, interoperable communication between 

19 State and local first responders; or 

20 (2) purchase communication systems that allow 

21 for real time, interoperable communication between 

22 State and local first responders. 

23 (b) APPLICATION.—Any State, local government, 

24 local law enforcement agency, or local fire department de25 siring a grant under this section shall submit an applica-
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1 tion to the Secretary at such time, in such manner, and 

2 containing such information as the Secretary may reason3 ably require. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as necessary 

6 for each of the fiscal years 2005 through 2009 to carry 

7 out the provisions of this section. 

8 SEC. 1110. TSA FIELD OFFICE INFORMATION TECHNOLOGY 

9 AND TELECOMMUNICATIONS REPORT. 

10 Within 90 days after the date of enactment of this 

11 Act, the Secretary of Homeland Security shall transmit 

12 a report to the Congress, which may be transmitted in 

13 classified and redacted formats, setting forth— 

14 (1) a descriptive list of each administrative and 

15 airport site of the Transportation Security Adminis16 tration, including its location, staffing, and facilities; 

17 (2) an analysis of the information technology 

18 and telecommunications capabilities, equipment, and 

19 support available at each such site, including— 

20 (A) whether the site has access to 

21 broadband telecommunications; 

22 (B) whether the site has the ability to ac23 cess Transportation Security Administration 

24 databases directly; 
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1 (C) the means available to the site for 

2 communicating and sharing information and 

3 other data on a real time basis with the Trans4 portation Security Administration’s national, 

5 regional, and State offices as well as with other 

6 Transportation Security Administration sites; 

7 (D) the means available to the site for 

8 communicating with other Federal, State, and 

9 local government sites with transportation secu10 rity related responsibilities; and 

11 (E) whether and to what extent computers 

12 in the site are linked through a local area net13 work or otherwise, and whether the information 

14 technology resources available to the site are 

15 adequate to enable it to carry out its functions 

16 and purposes; and 

17 (3) an assessment of current and future needs 

18 of the Transportation Security Administration to 

19 provide adequate information technology and tele20 communications facilities, equipment, and support to 

21 its sites, and an estimate of the costs of meeting 

22 those needs. 
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1 SEC. 1111. INTELLIGENCE COMMUNITY USE OF NISAC CA2 PABILITIES. 

3 The National Intelligence Director shall establish a 

4 formal relationship, including information sharing, be5 tween the intelligence community and the National Infra6 structure Simulation and Analysis Center. Through this 

7 relationship, the intelligence community shall take full ad8 vantage of the capabilities of the National Infrastructure 

9 Simulation and Analysis Center, particularly vulnerability 

10 and consequence analysis, for real time response to re11 ported threats and long term planning for projected 

12 threats. 

13 SEC. 1112. NATIONWIDE INTEROPERABLE COMMUNICA14 TIONS NETWORK. 

15 (a) IN GENERAL.—Within one year of enactment, the 

16 Secretary of Homeland Security, in coordination with the 

17 Federal Communications Commission and the National 

18 Telecommunications and Information Administration, 

19 shall complete a study assessing potential technical and 

20 operational standards and protocols for a nationwide 

21 interoperable communications network (referred to in this 

22 section as the ‘‘Network’’) that may be used by Federal, 

23 State, and local governmental and non-governmental pub24 lic safety, homeland security, and other first responder 

25 personnel. The assessment shall be consistent with the 

26 SAFECOM national strategy as developed by the public 
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1 safety community in cooperation with SAFECOM and the 

2 DHS Interoperability Office. The Secretary shall report 

3 the results of the study to the Senate Committee on Com4 merce, Science, and Transportation, the Senate Com5 mittee on Governmental Affairs, the House of Representa6 tives Committee on Energy and Commerce, and the House 

7 of Representatives Select Committee on Homeland Secu8 rity. 

9 (b) CONSULTATION AND USE OF COMMERCIAL

10 TECHNOLOGIES.—In assessing standards and protocols 

11 pursuant to paragraph (a), the Secretary of Homeland Se12 curity shall— 

13 (1) seek input from representatives of the user 

14 communities regarding the operation and adminis15 tration of the Network; and 

16 (2) consider use of commercial wireless tech17 nologies to the greatest extent practicable. 

18 SEC. 1113. COMMUNICATIONS INTEROPERABILITY. 

19 (a) DEFINITION.—As used in this section, the term 

20 ‘‘equipment interoperability’’ means the devices that sup21 port the ability of public safety service and support pro22 viders to talk with each other via voice and data on de23 mand, in real time, when needed, and when authorized. 

24 (b) NATIONAL GUIDELINES FOR EQUIPMENT INTER25 OPERABILITY.—Not later than one year after the date of 
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1 enactment of this Act, the Secretary of Homeland Secu2 rity, after consultation with the Federal Communications 

3 Commission and the National Telecommunications and 

4 Information Administration, and other appropriate rep5 resentatives of Federal, State, and local government and 

6 first responders, shall adopt, by regulation, national goals 

7 and guidelines for equipment interoperability and related 

8 issues that— 

9 (1) set short-term, mid-term, and long-term 

10 means and minimum equipment performance guide11 lines for Federal agencies, States, and local govern12 ments; 

13 (2) recognize— 

14 (A) the value, life cycle, and technical ca15 pabilities of existing communications infrastruc16 ture; 

17 (B) the need for cross-border interoper18 ability between States and nations; 

19 (C) the unique needs of small, rural com20 munities; and 

21 (D) the interoperability needs for daily op22 erations and catastrophic events. 

23 (c) NATIONAL EQUIPMENT INTEROPERABILITY IM24 PLEMENTATION PLAN.— 
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1 (1) DEVELOPMENT.—Not later than 180 days 

2 of the completion of the development of goals and 

3 guidelines under subsection (b), the Secretary of 

4 Homeland Security shall develop an implementation 

5 plan that— 

6 (A) outlines the responsibilities of the De7 partment of Homeland Security; and 

8 (B) focuses on providing technical and fi9 nancial assistance to States and local govern10 ments for interoperability planning and imple11 mentation. 

12 (2) EXECUTION.—The Secretary shall execute 

13 the plan developed under this subsection as soon as 

14 practicable. 

15 (3) REPORTS.— 

16 (A) INITIAL REPORT.—Upon the comple17 tion of the plan under subsection (c), the Sec18 retary shall submit a report that describes such 

19 plan to— 

20 (i) the Committee on Governmental 

21 Affairs of the Senate; 

22 (ii) the Committee on Environment 

23 and Public Works of the Senate; 

24 (iii) the Committee on Commerce, 

25 Science, and Transportation of the Senate; 
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1 (iv) the Select Committee on Home2 land Security of the House of Representa3 tives; and 

4 (v) the Committee on Energy and 

5 Commerce of the House of Representa6 tives. 

7 (B) ANNUAL REPORT.—Not later than 1 

8 year after the submission of the report under 

9 subparagraph (A), and annually thereafter, the 

10 Secretary shall submit a report to the commit11 tees referred to in subparagraph (A) that de12 scribes the progress made in implementing the 

13 plan developed under this subsection. 

14 (d) INTERNATIONAL INTEROPERABILITY.—Not later 

15 than 1 year after the date of enactment of this Act, the 

16 President shall establish a mechanism for coordinating 

17 cross-border interoperability issues between— 

18 (1) the United States and Canada; and 

19 (2) the United States and Mexico. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated for each of the fiscal 

22 years 2005 through 2009— 

23 (1) such sums as may be necessary to carry out 

24 subsection (b); 
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1 (2) such sums as may be necessary to carry out 

2 subsection (c); and 

3 (3) such sums as may be necessary to carry out 

4 subsection (d). 

5 SEC. 1114. DEADLINE FOR COMPLETION OF CERTAIN 

6 PLANS, REPORTS, AND ASSESSMENTS. 

7 (a) STRATEGIC PLAN REPORTS.—Within 90 days 

8 after the date of enactment of this Act, the Secretary of 

9 Homeland Security shall transmit to the Congress— 

10 (1) a report on the status of the National Mari11 time Transportation Security Plan required by sec12 tion 70103(a) of title 46, United States Code, which 

13 may be submitted in classified and redacted format; 

14 (2) a comprehensive program management plan 

15 that identifies specific tasks to be completed and 

16 deadlines for completion for the transportation secu17 rity card program under section 70105 of title 46, 

18 United States Code that incorporates best practices 

19 for communicating, coordinating, and collaborating 

20 with the relevant stakeholders to resolve relevant 

21 issues, such as background checks; 

22 (3) a report on the status of negotiations under 

23 section 103 of the Maritime Transportation Security 

24 Act of 2002 (46 U.S.C. 70111 note); 
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1 (4) the report required by section 107(b) of the 

2 Maritime Transportation Security Act of 2002 (33 

3 U.S.C. 1226 note); and 

4 (5) a report on the status of the development 

5 of the system and program mandated by section 111 

6 of the Maritime Transportation Security Act of 

7 2002 (46 U.S.C. 70116 note). 

8 (b) OTHER REPORTS.—Within 90 days after the date 

9 of enactment of this Act— 

10 (1) the Secretary of Homeland Security shall 

11 transmit to the Congress— 

12 (A) a report on the establishment of the 

13 National Maritime Security Advisory Com14 mittee appointed under section 70112 of title 

15 46, United States Code; and 

16 (B) a report on the status of the program 

17 established under section 70116 of title 46, 

18 United States Code, to evaluate and certify se19 cure systems of international intermodal trans20 portation; 

21 (2) the Secretary of Transportation shall trans22 mit to the Congress the annual report required by 

23 section 905 of the International Maritime and Port 

24 Security Act (46 U.S.C. App. 1802) that includes 

25 information that should have been included in the 
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1 last preceding annual report that was due under 

2 that section; and 

3 (3) the Commandant of the United States 

4 Coast Guard shall transmit to Congress the report 

5 required by section 110(b) of the Maritime Trans6 portation Security Act of 2002 (46 U.S.C. 70101 

7 note). 

8 (d) EFFECTIVE DATE.—Notwithstanding any other 

9 provision of this Act, this section takes effect on the date 

10 of enactment of this Act. 

11 SEC. 1115. TERRORISM FINANCING. 

12 (a) REPORT ON TERRORIST FINANCING.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this Act, the Presi15 dent, acting through the Secretary of the Treasury, 

16 shall submit to Congress a report evaluating the cur17 rent state of United States efforts to curtail the 

18 international financing of terrorism. 

19 (2) CONTENTS.—The report required by para20 graph (1) shall evaluate and make recommendations 

21 on— 

22 (A) the effectiveness and efficiency of cur23 rent United States governmental efforts and 

24 methods to detect, track, disrupt, and stop ter25 rorist financing; 
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1 (B) the relationship between terrorist fi2 nancing and money laundering, including how 

3 the laundering of proceeds related to illegal nar4 cotics or foreign political corruption may con5 tribute to terrorism or terrorist financing; 

6 (C) the nature, effectiveness, and efficiency 

7 of current efforts to coordinate intelligence and 

8 agency operations within the United States 

9 Government to detect, track, disrupt, and stop 

10 terrorist financing, including identifying who, if 

11 anyone, has primary responsibility for devel12 oping priorities, assigning tasks to agencies, 

13 and monitoring the implementation of policy 

14 and operations; 

15 (D) the effectiveness and efficiency of ef16 forts to protect the critical infrastructure of the 

17 United States financial system, and ways to im18 prove the effectiveness of financial institutions; 

19 (E) ways to improve multilateral and inter20 national governmental cooperation on terrorist 

21 financing, including the adequacy of agency co22 ordination within the United States related to 

23 participating in international cooperative efforts 

24 and implementing international treaties and 

25 compacts; and 
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1 (F) ways to improve the setting of prior2 ities and coordination of United States efforts 

3 to detect, track, disrupt, and stop terrorist fi4 nancing, including recommendations for 

5 changes in executive branch organization or 

6 procedures, legislative reforms, additional re7 sources, or use of appropriated funds. 

8 (b) POSTEMPLOYMENT RESTRICTION FOR CERTAIN

9 BANK AND THRIFT EXAMINERS.—Section 10 of the Fed10 eral Deposit Insurance Act (12 U.S.C. 1820) is amended 

11 by adding at the end the following: 

12 ‘‘(k) ONE-YEAR RESTRICTIONS ON FEDERAL EXAM13 INERS OF FINANCIAL INSTITUTIONS.— 

14 ‘‘(1) IN GENERAL.—In addition to other appli15 cable restrictions set forth in title 18, United States 

16 Code, the penalties set forth in paragraph (6) of this 

17 subsection shall apply to any person who— 

18 ‘‘(A) was an officer or employee (including 

19 any special Government employee) of a Federal 

20 banking agency or a Federal reserve bank; 

21 ‘‘(B) served 2 or more months during the 

22 final 12 months of his or her employment with 

23 such agency or entity as the senior examiner 

24 (or a functionally equivalent position) of a de25 pository institution or depository institution 
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1 holding company with continuing, broad respon2 sibility for the examination (or inspection) of 

3 that depository institution or depository institu4 tion holding company on behalf of the relevant 

5 agency or Federal reserve bank; and 

6 ‘‘(C) within 1 year after the termination 

7 date of his or her service or employment with 

8 such agency or entity, knowingly accepts com9 pensation as an employee, officer, director, or 

10 consultant from— 

11 ‘‘(i) such depository institution, any 

12 depository institution holding company 

13 that controls such depository institution, or 

14 any other company that controls such de15 pository institution; or 

16 ‘‘(ii) such depository institution hold17 ing company or any depository institution 

18 that is controlled by such depository insti19 tution holding company. 

20 ‘‘(2) DEFINITIONS.—For purposes of this sub21 section— 

22 ‘‘(A) the term ‘depository institution’ in23 cludes an uninsured branch or agency of a for24 eign bank, if such branch or agency is located 

25 in any State; and 
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1 ‘‘(B) the term ‘depository institution hold2 ing company’ includes any foreign bank or com3 pany described in section 8(a) of the Inter4 national Banking Act of 1978. 

5 ‘‘(3) RULES OF CONSTRUCTION.—For purposes 

6 of this subsection, a foreign bank shall be deemed to 

7 control any branch or agency of the foreign bank, 

8 and a person shall be deemed to act as a consultant 

9 for a depository institution, depository institution 

10 holding company, or other company, only if such 

11 person directly works on matters for, or on behalf 

12 of, such depository institution, depository institution 

13 holding company, or other company. 

14 ‘‘(4) REGULATIONS.— 

15 ‘‘(A) IN GENERAL.—Each Federal banking 

16 agency shall prescribe rules or regulations to 

17 administer and carry out this subsection, in18 cluding rules, regulations, or guidelines to de19 fine the scope of persons referred to in para20 graph (1)(B). 

21 ‘‘(B) CONSULTATION REQUIRED.—The 

22 Federal banking agencies shall consult with 

23 each other for the purpose of assuring that the 

24 rules and regulations issued by the agencies 

25 under subparagraph (A) are, to the extent pos-
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1 sible, consistent and comparable and prac2 ticable, taking into account any differences in 

3 the supervisory programs utilized by the agen4 cies for the supervision of depository institu5 tions and depository institution holding compa6 nies. 

7 ‘‘(5) WAIVER.— 

8 ‘‘(A) AGENCY AUTHORITY.—A Federal 

9 banking agency may grant a waiver, on a case 

10 by case basis, of the restriction imposed by this 

11 subsection to any officer or employee (including 

12 any special Government employee) of that agen13 cy, and the Board of Governors of the Federal 

14 Reserve System may grant a waiver of the re15 striction imposed by this subsection to any offi16 cer or employee of a Federal reserve bank, if 

17 the head of such agency certifies in writing that 

18 granting the waiver would not affect the integ19 rity of the supervisory program of the relevant 

20 Federal banking agency. 

21 ‘‘(B) DEFINITION.—For purposes of this 

22 paragraph, the head of an agency is— 

23 ‘‘(i) the Comptroller of the Currency, 

24 in the case of the Office of the Comptroller 

25 of the Currency; 
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1 ‘‘(ii) the Chairman of the Board of 

2 Governors of the Federal Reserve System, 

3 in the case of the Board of Governors of 

4 the Federal Reserve System; 

5 ‘‘(iii) the Chairperson of the Board of 

6 Directors, in the case of the Corporation; 

7 and 

8 ‘‘(iv) the Director of the Office of 

9 Thrift Supervision, in the case of the Of10 fice of Thrift Supervision. 

11 ‘‘(6) PENALTIES.— 

12 ‘‘(A) IN GENERAL.—In addition to any 

13 other administrative, civil, or criminal remedy 

14 or penalty that may otherwise apply, whenever 

15 a Federal banking agency determines that a 

16 person subject to paragraph (1) has become as17 sociated, in the manner described in paragraph 

18 (1)(C), with a depository institution, depository 

19 institution holding company, or other company 

20 for which such agency serves as the appropriate 

21 Federal banking agency, the agency shall im22 pose upon such person one or more of the fol23 lowing penalties: 

24 ‘‘(i) INDUSTRY-WIDE PROHIBITION

25 ORDER.—The Federal banking agency 
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1 shall serve a written notice or order in ac2 cordance with and subject to the provisions 

3 of section 8(e)(4) for written notices or or4 ders under paragraphs (1) or (2) of section 

5 8(e), upon such person of the intention of 

6 the agency— 

7 ‘‘(I) to remove such person from 

8 office or to prohibit such person from 

9 further participation in the conduct of 

10 the affairs of the depository institu11 tion, depository institution holding 

12 company, or other company for a pe13 riod of up to 5 years; and 

14 ‘‘(II) to prohibit any further par15 ticipation by such person, in any man16 ner, in the conduct of the affairs of 

17 any insured depository institution for 

18 a period of up to 5 years. 

19 ‘‘(ii) CIVIL MONETARY FINE.—The 

20 Federal banking agency may, in an admin21 istrative proceeding or civil action in an 

22 appropriate United States district court, 

23 impose on such person a civil monetary 

24 penalty of not more than $250,000. In lieu 

25 of an action by the Federal banking agency 
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1 under this clause, the Attorney General of 

2 the United States may bring a civil action 

3 under this clause in the appropriate United 

4 States district court. Any administrative 

5 proceeding under this clause shall be con6 ducted in accordance with section 8(i). 

7 ‘‘(B) SCOPE OF PROHIBITION ORDER.— 

8 Any person subject to an order issued under 

9 subparagraph (A)(i) shall be subject to para10 graphs (6) and (7) of section 8(e) in the same 

11 manner and to the same extent as a person 

12 subject to an order issued under such section. 

13 ‘‘(C) DEFINITIONS.—Solely for purposes of 

14 this paragraph, the ‘appropriate Federal bank15 ing agency’ for a company that is not a deposi16 tory institution or depository institution holding 

17 company shall be the Federal banking agency 

18 on whose behalf the person described in para19 graph (1) performed the functions described in 

20 paragraph (1)(B).’’. 

21 (c) POSTEMPLOYMENT RESTRICTION FOR CERTAIN

22 CREDIT UNION EXAMINERS.—Section 206 of the Federal 

23 Credit Union Act (12 U.S.C. 1786) is amended by adding 

24 at the end the following: 
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1 ‘‘(w) ONE-YEAR RESTRICTIONS ON FEDERAL EXAM2 INERS OF INSURED CREDIT UNIONS.— 

3 ‘‘(1) IN GENERAL.—In addition to other appli4 cable restrictions set forth in title 18, United States 

5 Code, the penalties set forth in paragraph (5) of this 

6 subsection shall apply to any person who— 

7 ‘‘(A) was an officer or employee (including 

8 any special Government employee) of the Ad9 ministration; 

10 ‘‘(B) served 2 or more months during the 

11 final 12 months of his or her employment with 

12 the Administration as the senior examiner (or a 

13 functionally equivalent position) of an insured 

14 credit union with continuing, broad responsi15 bility for the examination (or inspection) of that 

16 insured credit union on behalf of the Adminis17 tration; and 

18 ‘‘(C) within 1 year after the termination 

19 date of his or her service or employment with 

20 the Administration, knowingly accepts com21 pensation as an employee, officer, director, or 

22 consultant from such insured credit union. 

23 ‘‘(2) RULE OF CONSTRUCTION.—For purposes 

24 of this subsection, a person shall be deemed to act 

25 as a consultant for an insured credit union only if 
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1 such person directly works on matters for, or on be2 half of, such insured credit union. 

3 ‘‘(3) REGULATIONS.— 

4 ‘‘(A) IN GENERAL.—The Board shall pre5 scribe rules or regulations to administer and 

6 carry out this subsection, including rules, regu7 lations, or guidelines to define the scope of per8 sons referred to in paragraph (1)(B). 

9 ‘‘(B) CONSULTATION.—In prescribing 

10 rules or regulations under this paragraph, the 

11 Board shall, to the extent it deems necessary, 

12 consult with the Federal banking agencies (as 

13 defined in section 3 of the Federal Deposit In14 surance Act) on regulations issued by such 

15 agencies in carrying out section 10(k) of the 

16 Federal Deposit Insurance Act. 

17 ‘‘(4) WAIVER.— 

18 ‘‘(A) AGENCY AUTHORITY.—The Board 

19 may grant a waiver, on a case by case basis, of 

20 the restriction imposed by this subsection to 

21 any officer or employee (including any special 

22 Government employee) of the Administration if 

23 the Chairman certifies in writing that granting 

24 the waiver would not affect the integrity of the 

25 supervisory program of the Administration. 
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1 ‘‘(5) PENALTIES.— 

2 ‘‘(A) IN GENERAL.—In addition to any 

3 other administrative, civil, or criminal remedy 

4 or penalty that may otherwise apply, whenever 

5 the Board determines that a person subject to 

6 paragraph (1) has become associated, in the 

7 manner described in paragraph (1)(C), with an 

8 insured credit union, the Board shall impose 

9 upon such person one or more of the following 

10 penalties: 

11 ‘‘(i) INDUSTRY-WIDE PROHIBITION

12 ORDER.—The Board shall serve a written 

13 notice or order in accordance with and 

14 subject to the provisions of subsection 

15 (g)(4) for written notices or orders under 

16 paragraphs (1) or (2) of subsection (g), 

17 upon such person of the intention of the 

18 Board— 

19 ‘‘(I) to remove such person from 

20 office or to prohibit such person from 

21 further participation in the conduct of 

22 the affairs of the insured credit union 

23 for a period of up to 5 years; and 

24 ‘‘(II) to prohibit any further par25 ticipation by such person, in any man-
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1 ner, in the conduct of the affairs of 

2 any insured credit union for a period 

3 of up to 5 years. 

4 ‘‘(ii) CIVIL MONETARY FINE.—The 

5 Board may, in an administrative pro6 ceeding or civil action in an appropriate 

7 United States district court, impose on 

8 such person a civil monetary penalty of not 

9 more than $250,000. In lieu of an action 

10 by the Board under this clause, the Attor11 ney General of the United States may 

12 bring a civil action under this clause in the 

13 appropriate United States district court. 

14 Any administrative proceeding under this 

15 clause shall be conducted in accordance 

16 with subsection (k). 

17 ‘‘(B) SCOPE OF PROHIBITION ORDER.— 

18 Any person subject to an order issued under 

19 this subparagraph (A)(i) shall be subject to 

20 paragraphs (5) and (7) of subsection (g) in the 

21 same manner and to the same extent as a per22 son subject to an order issued under subsection 

23 (g).’’. 

24 (d) EFFECTIVE DATE.—Notwithstanding section 

25 341, subsection (a) shall become effective on the date of 
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1 enactment of this Act, and the amendments made by sub2 sections (b) and (c) shall become effective at the end of 

3 the 12-month period beginning on the date of enactment 

4 of this Act, whether or not final regulations are issued 

5 in accordance with the amendments made by this section 

6 as of that date of enactment. 

7 (e) REPEAL OF DUPLICATIVE PROVISION.—Section 

8 ll16(c) of this Act, entitled ‘‘REPORT ON TERRORIST

9 FINANCING’’ is repealed, and shall have no force or effect, 

10 effective on the date of enactment of this Act. 

11 SEC. 1116. PRIVATE SECURITY OFFICER EMPLOYMENT AU12 THORIZATION ACT OF 2004. 

13 (a) SHORT TITLE.—This section may be cited as the 

14 ‘‘Private Security Officer Employment Authorization Act 

15 of 2004’’. 

16 (b) FINDINGS.—Congress finds that— 

17 (1) employment of private security officers in 

18 the United States is growing rapidly; 

19 (2) private security officers function as an ad20 junct to, but not a replacement for, public law en21 forcement by, among other things, helping to protect 

22 critical infrastructure, including hospitals, manufac23 turing facilities, defense and aerospace contractors, 

24 nuclear power plants, chemical companies, oil and 
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1 gas refineries, airports, communication facilities and 

2 operations, and others; 

3 (3) the 9-11 Commission Report says that ‘‘Pri4 vate sector preparedness is not a luxury; it is a cost 

5 of doing business in the post-9/11 world. It is ig6 nored at a tremendous potential cost in lives, money, 

7 and national security’’ and endorsed adoption of the 

8 American National Standards Institute’s standard 

9 for private preparedness; 

10 (4) part of improving private sector prepared11 ness is mitigating the risks of terrorist attack on 

12 critical infrastructure by ensuring that private secu13 rity officers who protect those facilities are properly 

14 screened to determine their suitability; 

15 (5) the American public deserves the employ16 ment of qualified, well-trained private security per17 sonnel as an adjunct to sworn law enforcement offi18 cers; and 

19 (6) private security officers and applicants for 

20 private security officer positions should be thor21 oughly screened and trained. 

22 (c) DEFINITIONS.—In this section: 

23 (1) EMPLOYEE.—The term ‘‘employee’’ includes 

24 both a current employee and an applicant for em25 ployment as a private security officer. 
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1 (2) AUTHORIZED EMPLOYER.—The term ‘‘au2 thorized employer’’ means any person that— 

3 (A) employs private security officers; and 

4 (B) is authorized by regulations promul5 gated by the Attorney General to request a 

6 criminal history record information search of an 

7 employee through a State identification bureau 

8 pursuant to this section. 

9 (3) PRIVATE SECURITY OFFICER.— The term 

10 ‘‘private security officer’’— 

11 (A) means an individual other than an em12 ployee of a Federal, State, or local government, 

13 whose primary duty is to perform security serv14 ices, full- or part-time, for consideration, wheth15 er armed or unarmed and in uniform or plain 

16 clothes (except for services excluded from cov17 erage under this section if the Attorney General 

18 determines by regulation that such exclusion 

19 would serve the public interest); but 

20 (B) does not include— 

21 (i) employees whose duties are pri22 marily internal audit or credit functions; 

23 (ii) employees of electronic security 

24 system companies acting as technicians or 

25 monitors; or 
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1 (iii) employees whose duties primarily 

2 involve the secure movement of prisoners. 

3 (4) SECURITY SERVICES.—The term ‘‘security 

4 services’’ means acts to protect people or property as 

5 defined by regulations promulgated by the Attorney 

6 General. 

7 (5) STATE IDENTIFICATION BUREAU.—The 

8 term ‘‘State identification bureau’’ means the State 

9 entity designated by the Attorney General for the 

10 submission and receipt of criminal history record in11 formation. 

12 (d) CRIMINAL HISTORY RECORD INFORMATION

13 SEARCH.— 

14 (1) IN GENERAL.— 

15 (A) SUBMISSION OF FINGERPRINTS.—An 

16 authorized employer may submit to the State 

17 identification bureau of a participating State, 

18 fingerprints or other means of positive identi19 fication, as determined by the Attorney Gen20 eral, of an employee of such employer for pur21 poses of a criminal history record information 

22 search pursuant to this section. 

23 (B) EMPLOYEE RIGHTS.— 

24 (i) PERMISSION.—An authorized em25 ployer shall obtain written consent from an 
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1 employee to submit to the State identifica2 tion bureau of a participating State the re3 quest to search the criminal history record 

4 information of the employee under this sec5 tion. 

6 (ii) ACCESS.—An authorized employer 

7 shall provide to the employee confidential 

8 access to any information relating to the 

9 employee received by the authorized em10 ployer pursuant to this section. 

11 (C) PROVIDING INFORMATION TO THE

12 STATE IDENTIFICATION BUREAU.—Upon re13 ceipt of a request for a criminal history record 

14 information search from an authorized employer 

15 pursuant to this section, submitted through the 

16 State identification bureau of a participating 

17 State, the Attorney General shall— 

18 (i) search the appropriate records of 

19 the Criminal Justice Information Services 

20 Division of the Federal Bureau of Inves21 tigation; and 

22 (ii) promptly provide any resulting 

23 identification and criminal history record 

24 information to the submitting State identi25 fication bureau requesting the information. 
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1 (D) USE OF INFORMATION.— 

2 (i) IN GENERAL.—Upon receipt of the 

3 criminal history record information from 

4 the Attorney General by the State identi5 fication bureau, the information shall be 

6 used only as provided in clause (ii). 

7 (ii) TERMS.—In the case of— 

8 (I) a participating State that has 

9 no State standards for qualification to 

10 be a private security officer, the State 

11 shall notify an authorized employer as 

12 to the fact of whether an employee 

13 has been— 

14 (aa) convicted of a felony, 

15 an offense involving dishonesty or 

16 a false statement if the convic17 tion occurred during the previous 

18 10 years, or an offense involving 

19 the use or attempted use of phys20 ical force against the person of 

21 another if the conviction occurred 

22 during the previous 10 years; or 

23 (bb) charged with a criminal 

24 felony for which there has been 
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1 no resolution during the pre2 ceding 365 days; or 

3 (II) a participating State that 

4 has State standards for qualification 

5 to be a private security officer, the 

6 State shall use the information re7 ceived pursuant to this section in ap8 plying the State standards and shall 

9 only notify the employer of the results 

10 of the application of the State stand11 ards. 

12 (E) FREQUENCY OF REQUESTS.—An au13 thorized employer may request a criminal his14 tory record information search for an employee 

15 only once every 12 months of continuous em16 ployment by that employee unless the author17 ized employer has good cause to submit addi18 tional requests. 

19 (2) REGULATIONS.—Not later than 180 days 

20 after the date of enactment of this Act, the Attorney 

21 General shall issue such final or interim final regula22 tions as may be necessary to carry out this section, 

23 including— 

24 (A) measures relating to the security, con25 fidentiality, accuracy, use, submission, dissemi-
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1 nation, destruction of information and audits, 

2 and recordkeeping; 

3 (B) standards for qualification as an au4 thorized employer; and 

5 (C) the imposition of reasonable fees nec6 essary for conducting the background checks. 

7 (3) CRIMINAL PENALTIES FOR USE OF INFOR8 MATION.—Whoever knowingly and intentionally uses 

9 any information obtained pursuant to this section 

10 other than for the purpose of determining the suit11 ability of an individual for employment as a private 

12 security officer shall be fined under title 18, United 

13 States Code, or imprisoned for not more than 2 

14 years, or both. 

15 (4) USER FEES.— 

16 (A) IN GENERAL.—The Director of the 

17 Federal Bureau of Investigation may— 

18 (i) collect fees to process background 

19 checks provided for by this section; and 

20 (ii) establish such fees at a level to in21 clude an additional amount to defray ex22 penses for the automation of fingerprint 

23 identification and criminal justice informa24 tion services and associated costs. 
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1 (B) LIMITATIONS.—Any fee collected 

2 under this subsection— 

3 (i) shall, consistent with Public Law 

4 101–515 and Public Law 104–99, be cred5 ited to the appropriation to be used for sal6 aries and other expenses incurred through 

7 providing the services described in such 

8 Public Laws and in subparagraph (A); 

9 (ii) shall be available for expenditure 

10 only to pay the costs of such activities and 

11 services; and 

12 (iii) shall remain available until ex13 pended. 

14 (C) STATE COSTS.—Nothing in this section 

15 shall be construed as restricting the right of a 

16 State to assess a reasonable fee on an author17 ized employer for the costs to the State of ad18 ministering this section. 

19 (5) STATE OPT OUT.—A State may decline to 

20 participate in the background check system author21 ized by this section by enacting a law or issuing an 

22 order by the Governor (if consistent with State law) 

23 providing that the State is declining to participate 

24 pursuant to this paragraph. 
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1 SEC. 1117. BIOMETRIC STANDARD FOR VISA APPLICATIONS. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Biometric Visa Standard Distant Borders Act’’. 

4 (b) TECHNOLOGY STANDARD FOR VISA WAIVER

5 PARTICIPANTS.—Section 303(c) of the Enhanced Border 

6 Security and Visa Entry Reform Act of 2002 (8 U.S.C. 

7 1732(c)) is amended to read as follows: 

8 ‘‘(c) TECHNOLOGY STANDARD FOR VISA WAIVER

9 PARTICIPANTS.— 

10 ‘‘(1) IN GENERAL.—Not later than October 26, 

11 2006, the Secretary of State shall certify to Con12 gress which of the countries designated to partici13 pate in the visa waiver program established under 

14 section 217 of the Immigration and Nationality Act 

15 (8 U.S.C. 1187) are developing a program to issue 

16 to individuals seeking to enter that country pursuant 

17 to a visa issued by that country, a machine readable 

18 visa document that is tamper-resistant and incor19 porates biometric identification information that is 

20 verifiable at its port of entry. 

21 ‘‘(2) SAVINGS CLAUSE.—This subsection shall 

22 not be construed to rescind the requirement of sec23 tion 217(a)(3) of the Immigration and Nationality 

24 Act (8 U.S.C. 1187(a)(3)).’’. 
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1 SEC. 1118. ANNUAL REPORT ON THE ALLOCATION OF RE2 SOURCES WITHIN THE OFFICE OF FOREIGN 

3 ASSETS CONTROL. 

4 (a) REQUIREMENT FOR ANNUAL REPORT.—Not later 

5 than 180 days after the date of enactment of this Act, 

6 and annually thereafter, the Secretary of the Treasury 

7 shall submit to Congress a report on the allocation of re8 sources within the Office of Foreign Assets Control. 

9 (b) CONTENT OF ANNUAL REPORT.—An annual re10 port required by subsection (a) shall include— 

11 (1) a description of— 

12 (A) the allocation of resources within the 

13 Office of Foreign Assets Control to enforce the 

14 economic and trade sanctions of the United 

15 States against terrorist organizations and tar16 geted foreign countries during the fiscal year 

17 prior to the fiscal year in which such report is 

18 submitted; and 

19 (B) the criteria on which such allocation is 

20 based; 

21 (2) a description of any proposed modifications 

22 to such allocation; and 

23 (3) an explanation for any such allocation that 

24 is not based on prioritization of threats determined 

25 using appropriate criteria, including the likelihood 

26 that— 
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1 (A) a terrorist organization or targeted 

2 foreign country— 

3 (i) will sponsor or plan a direct attack 

4 against the United States or the interests 

5 of the United States; or 

6 (ii) is participating in or maintaining 

7 a nuclear, biological, or chemical weapons 

8 development program; or 

9 (B) a targeted foreign country— 

10 (i) is financing, or allowing the financ11 ing, of a terrorist organization within such 

12 country; or 

13 (ii) is providing safe haven to a ter14 rorist organization within such country. 

15 (c) EFFECTIVE DATE.—Notwithstanding section 341 

16 or any other provision of this Act, this section shall take 

17 effect on the date of the enactment of this Act. 

18 SEC. 1119. CONGRESSIONAL OVERSIGHT OF FBI USE OF 

19 TRANSLATORS. 

20 Not later than 30 days after the date of enactment 

21 of this Act, and annually thereafter, the Attorney General 

22 of the United States shall submit a report to the Com23 mittee on the Judiciary of the Senate and the Committee 

24 on the Judiciary of the House of Representatives, that 
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1 contains, with respect to each preceding 12-month pe2 riod— 

3 (1) the number of translators employed, or con4 tracted for, by the Federal Bureau of Investigation 

5 or other components of the Department of Justice; 

6 (2) any legal or practical impediments to using 

7 translators employed by the Federal, State, or local 

8 agencies on a full-time, part-time, or shared basis; 

9 (3) the needs of the Federal Bureau of Inves10 tigation for the specific translation services in cer11 tain languages, and recommendations for meeting 

12 those needs; 

13 (4) the status of any automated statistical re14 porting system, including implementation and future 

15 viability; 

16 (5) the storage capabilities of the digital collec17 tion system or systems utilized; 

18 (6) a description of the establishment and com19 pliance with audio retention policies that satisfy the 

20 investigative and intelligence goals of the Federal 

21 Bureau of Investigation; and 

22 (7) a description of the implementation of qual23 ity control procedures and mechanisms for moni24 toring compliance with quality control procedures. 
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1 SEC. 1120. TERRORIST WATCH LISTS. 

2 (a) CRITERIA FOR WATCH LIST.—The National In3 telligence Director of the United States, in consultation 

4 with the Secretary of Homeland Security, the Secretary 

5 of State, and the Attorney General, shall report to Con6 gress on the criteria for placing individuals on the Ter7 rorist Screening Center consolidated screening watch list, 

8 including minimum standards for reliability and accuracy 

9 of identifying information, the degree of information cer10 tainty and the range of threat levels that the individual 

11 poses, and the range of applicable consequences that apply 

12 to the person if located. To the greatest extent consistent 

13 with the protection of law enforcement sensitive informa14 tion, classified information, and applicable law, the report 

15 shall be in unclassified form and available to the public, 

16 with a classified annex where necessary. 

17 (b) SAFEGUARDS AGAINST ERRONEOUS LISTINGS.— 

18 The Secretary of Homeland Security shall establish a 

19 process for individuals to challenge ‘‘Automatic Selectee’’ 

20 or ‘‘No Fly’’ designations on the applicable lists as main21 tained by the Transportation Security Administration and 

22 have their names removed from such lists, if erroneously 

23 present. 

24 (c) REPORT.—Not later than 180 days after the date 

25 of enactment of this Act, the Department of Homeland 

26 Security Privacy Officer shall submit a report assessing 
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1 the impact of the ‘‘No Fly’’ and ‘‘Automatic Selectee’’ lists 

2 on privacy and civil liberties to the Committee on the Judi3 ciary, the Committee on Governmental Affairs, and the 

4 Committee on Commerce, Science, and Transportation of 

5 the Senate, and the Committee on the Judiciary, the Com6 mittee on Government Reform, the Committee on Trans7 portation and Infrastructure, and the Select Committee 

8 on Homeland Security of the House of Representatives. 

9 The report shall include any recommendations for prac10 tices, procedures, regulations, or legislation to eliminate 

11 or minimize adverse effects of such lists on privacy, dis12 crimination, due process and other civil liberties, as well 

13 as the implications of applying those lists to other modes 

14 of transportation. In its analysis, the report shall also con15 sider the effect these recommendations would have on the 

16 ability of such lists to protect the United States against 

17 terrorist attacks. To the greatest extent consistent with 

18 the protection of law enforcement sensitive information, 

19 classified information, and applicable law, the report shall 

20 be in unclassified form and available to the public, with 

21 a classified annex where necessary. 

22 (d) EFFECTIVE DATE.—Notwithstanding section 341 

23 or any other provision of this Act, this section shall be24 come effective on the date of enactment of this Act. 
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1 SEC. 1121. REGIONAL MODEL STRATEGIC PLAN PILOT 

2 PROJECTS. 

3 (a) PILOT PROJECTS.—Consistent with sections 302 

4 and 430 of the Homeland Security Act of 2002 (6 U.S.C. 

5 182, 238), not later than 90 days after the date of enact6 ment of this Act, the Secretary of Homeland Security, in 

7 coordination with the Executive Director of the Office of 

8 State and Local Government Coordination and Prepared9 ness and the Undersecretary for Science and Technology, 

10 shall establish not fewer than 2 pilot projects in high 

11 threat urban areas or regions that are likely to implement 

12 a national model strategic plan. 

13 (b) PURPOSES.—The purposes of the pilot projects 

14 required by this section shall be to develop a regional stra15 tegic plan to foster interagency communication in the area 

16 in which it is established and coordinate the gathering of 

17 all Federal, State, and local first responders in that area, 

18 consistent with the national strategic plan developed by 

19 the Department of Homeland Security. 

20 (c) SELECTION CRITERIA.—In selecting urban areas 

21 for the location of pilot projects under this section, the 

22 Secretary shall consider— 

23 (1) the level of threat risk to the area, as deter24 mined by the Department of Homeland Security; 

25 (2) the number of Federal, State, and local law 

26 enforcement agencies located in the area; 
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1 (3) the number of potential victims from a large 

2 scale terrorist attack in the area; and 

3 (4) such other criteria reflecting a community’s 

4 risk and vulnerability as the Secretary determines is 

5 appropriate. 

6 (d) INTERAGENCY ASSISTANCE.—The Secretary of 

7 Defense shall provide assistance to the Secretary of Home8 land Security, as necessary for the development of the 

9 pilot projects required by this section, including examining 

10 relevant standards, equipment, and protocols in order to 

11 improve interagency communication among first respond12 ers. 

13 (e) REPORTS TO CONGRESS.—The Secretary of 

14 Homeland Security shall submit to Congress— 

15 (1) an interim report regarding the progress of 

16 the interagency communications pilot projects re17 quired by this section 6 months after the date of en18 actment of this Act; and 

19 (2) a final report 18 months after that date of 

20 enactment. 

21 (f) FUNDING.—There are authorized to be made 

22 available to the Secretary of Homeland Security, such 

23 sums as may be necessary to carry out this section. 
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1 SEC. 1122. BORDER SURVEILLANCE. 

2 (a) IN GENERAL.—Not later than 6 months after the 

3 date of enactment of this Act, the Secretary of Homeland 

4 Security shall submit to the President and the appropriate 

5 committees of Congress a comprehensive plan for the sys6 tematic surveillance of the Southwest border of the United 

7 States by remotely piloted aircraft. 

8 (b) CONTENTS.—The plan submitted under sub9 section (a) shall include— 

10 (1) recommendations for establishing command 

11 and control centers, operations sites, infrastructure, 

12 maintenance, and procurement; 

13 (2) cost estimates for the implementation of the 

14 plan and ongoing operations; 

15 (3) recommendations for the appropriate agent 

16 within the Department of Homeland Security to be 

17 the executive agency for remotely piloted aircraft op18 erations; 

19 (4) the number of remotely piloted aircraft re20 quired for the plan; 

21 (5) the types of missions the plan would under22 take, including— 

23 (A) protecting the lives of people seeking 

24 illegal entry into the United States; 
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1 (B) interdicting illegal movement of people, 

2 weapons, and other contraband across the bor3 der; 

4 (C) providing investigative support to as5 sist in the dismantling of smuggling and crimi6 nal networks along the border; 

7 (D) using remotely piloted aircraft to serve 

8 as platforms for the collection of intelligence 

9 against smugglers and criminal networks along 

10 the border; and 

11 (E) further validating and testing of re12 motely piloted aircraft for airspace security mis13 sions. 

14 (6) the equipment necessary to carry out the 

15 plan; and 

16 (7) a recommendation regarding whether to ex17 pand the pilot program along the entire South18 western border. 

19 (c) IMPLEMENTATION.—The Secretary of Homeland 

20 Security shall implement the plan submitted under sub21 section (a) as a pilot program as soon as sufficient funds 

22 are appropriated and available for this purpose. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as may be 

25 necessary to carry out the provisions of this section. 
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1 SEC. 1123. ENTERPRISE ARCHITECTURE. 

2 (a) DEFINITION OF ENTERPRISE ARCHITECTURE.— 

3 In this section, the term ‘‘enterprise architecture’’ means 

4 a detailed outline or blueprint of the information tech5 nology of the Federal Bureau of Investigation that will 

6 satisfy the ongoing mission and goals of the Federal Bu7 reau of Investigation and that sets forth specific and iden8 tifiable benchmarks. 

9 (b) ENTERPRISE ARCHITECTURE.—The Federal Bu10 reau of Investigation shall— 

11 (1) continually maintain and update an enter12 prise architecture; and 

13 (2) maintain a state of the art and up to date 

14 information technology infrastructure that is in com15 pliance with the enterprise architecture of the Fed16 eral Bureau of Investigation. 

17 (c) REPORT.—Subject to subsection (d), the Director 

18 of the Federal Bureau of Investigation shall report to the 

19 House and Senate Judiciary Committees, on an annual 

20 basis, on whether the major information technology invest21 ments of the Federal Bureau of Investigation are in com22 pliance with the enterprise architecture of the Federal Bu23 reau of Investigation and identify any inability or expecta24 tion of inability to meet the terms set forth in the enter25 prise architecture. 
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1 (d) FAILURE TO MEET TERMS.—If the Director of 

2 the Federal Bureau of Investigation identifies any inabil3 ity or expectation of inability to meet the terms set forth 

4 in the enterprise architecture in a report under subsection 

5 (c), the report under subsection (c) shall— 

6 (1) be twice a year until the inability is cor7 rected; 

8 (2) include a statement as to whether the in9 ability or expectation of inability to meet the terms 

10 set forth in the enterprise architecture is substan11 tially related to resources; and 

12 (3) if the inability or expectation of inability is 

13 substantially related to resources, include a request 

14 for additional funding that would resolve the prob15 lem or a request to reprogram funds that would re16 solve the problem. 

17 (e) FEDERAL BUREAU OF INVESTIGATION’S ENTER18 PRISE ARCHITECTURE, AGENCY PLANS AND REPORTS.— 

19 This section shall be carried out in compliance with the 

20 requirements set forth in section 206(f) and (l). 

21 SEC. 1124. REPORT ON USE OF DATABASES. 

22 (a) DEFINITIONS.—In this section: 

23 (1) DATA-MINING.—The term ‘‘data-mining’’ 

24 means a query or search or other analysis of 1 or 

25 more electronic databases, where— 
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1 (A) at least 1 of the databases was ob2 tained from or remains under the control of a 

3 non-Federal entity, or the information was ac4 quired initially by another department or agen5 cy of the Federal Government; 

6 (B) the search does not use a specific indi7 vidual’s personal identifiers to acquire informa8 tion concerning that individual; and 

9 (C) a department or agency of the Federal 

10 Government or a non-Federal entity acting on 

11 behalf of the Federal Government is conducting 

12 the query or search or other analysis to find a 

13 pattern indicating terrorist, criminal, or other 

14 law enforcement related activity. 

15 (2) DATABASE.—The term ‘‘database’’ does not 

16 include telephone directories, information publicly 

17 available via the Internet or available by any other 

18 means to any member of the public without payment 

19 of a fee, or databases of judicial and administrative 

20 opinions. 

21 (b) REPORTS ON DATA-MINING ACTIVITIES.— 

22 (1) REQUIREMENT FOR REPORT.—Beginning 1 

23 year after the effective date of this section, the Na24 tional Intelligence Director shall submit a report, 

25 public to the extent possible with a classified annex, 
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1 to Congress on all activities of the intelligence com2 munity to use or develop data-mining technology. 

3 (2) CONTENT OF REPORT.—A report submitted 

4 under paragraph (1) shall include, for each activity 

5 to use or develop data-mining technology that is re6 quired to be covered by the report, the following in7 formation: 

8 (A) A thorough description of the data9 mining technology, the plans for the use of such 

10 technology, the data that will be used, and the 

11 target dates for the deployment of the data12 mining technology. 

13 (B) An assessment of the likely impact of 

14 the implementation of the data-mining tech15 nology on privacy and civil liberties. 

16 (C) A thorough discussion of the policies, 

17 procedures, and guidelines that are to be devel18 oped and applied in the use of such technology 

19 for data-mining in order to— 

20 (i) protect the privacy and due process 

21 rights of individuals; and 

22 (ii) ensure that only accurate informa23 tion is collected and used. 

24 (D) Any necessary classified information in 

25 an annex that shall be available to the Com-
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1 mittee on Governmental Affairs, the Committee 

2 on the Judiciary, and the Select Committee on 

3 Intelligence of the Senate and the Permanent 

4 Select Committee on Intelligence and Com5 mittee on the Judiciary of the House of Rep6 resentatives. 

7 (3) TIME FOR REPORT.—The report required 

8 under paragraph (1) shall be submitted not later 

9 than September 30th of each year. 

10 (4) EXPIRATION.—The requirements of this 

11 subsection shall expire 4 years after the date of en12 actment of this Act. 

Passed the Senate October 6, 2004. 

Attest: 

Secretary. 
108TH CONGRESS 

2D SESSION S. 2845 

AN ACT 

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

October 6, 2004 

Ordered to be printed as passed