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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2845 Public Print (PP)]

                            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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Intelligence Reform Act of 2004''.
    (b) Table of Contents.--The table of contents for 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.
 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.
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

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 
                            man-portable 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.

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

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.
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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``intelligence'' includes foreign intelligence 
        and counterintelligence.
            (2) The term ``foreign intelligence'' means information 
        relating to the capabilities, intentions, or activities of 
        foreign governments or elements thereof, foreign organizations, 
        or foreign persons, or international terrorist activities.
            (3) The term ``counterintelligence'' means foreign 
        intelligence gathered, and information gathering and other 
        activities conducted, to protect against espionage, other 
        intelligence activities, sabotage, or assassinations conducted 
        by or on behalf of foreign governments or elements thereof, 
        foreign organizations, or foreign persons, or international 
        terrorist activities, but does not include personnel, physical, 
        document, or communications security programs.
            (4) The term ``intelligence community'' includes the 
        following:
                    (A) The National Intelligence Authority.
                    (B) The Central Intelligence Agency.
                    (C) The National Security Agency.
                    (D) The Defense Intelligence Agency.
                    (E) The National Geospatial-Intelligence Agency.
                    (F) The National Reconnaissance Office.
                    (G) Other offices within the Department of Defense 
                for the collection of specialized national intelligence 
                through reconnaissance programs.
                    (H) The intelligence elements of the Army, the 
                Navy, the Air Force, the Marine Corps, the Federal 
                Bureau of Investigation, the Department of Energy, and 
                the Coast Guard.
                    (I) The Bureau of Intelligence and Research of the 
                Department of State.
                    (J) The Office of Intelligence and Analysis of the 
                Department of the Treasury.
                    (K) The elements of the Department of Homeland 
                Security concerned with the analysis of intelligence 
                information.
                    (L) Such other elements of any department or agency 
                as may be designated by the President, or designated 
                jointly by the National Intelligence Director and the 
                head of the department or agency concerned, as an 
                element of the intelligence community.
            (5) The terms ``national intelligence'' and ``intelligence 
        related to the national security''--
                    (A) each refer to intelligence which pertains, as 
                determined consistent with any guidelines issued by the 
                President, to the interests of more than one department 
                or agency of the Government; and
                    (B) do not refer to law enforcement activities 
                conducted by the Federal Bureau of Investigation except 
                to the extent provided for in procedures agreed to by 
                the National Intelligence Director and the Attorney 
                General, or otherwise as expressly provided for in law.
            (6) The term ``National Intelligence Program''--
                    (A)(i) refers to all national intelligence 
                programs, projects, and activities of the elements of 
                the intelligence community;
                    (ii) includes all programs, projects, and 
                activities (whether or not pertaining to national 
                intelligence) of the National Intelligence Authority, 
                the Central Intelligence Agency, the National Security 
                Agency, the National Geospatial-Intelligence Agency, 
                the National Reconnaissance Office, the Directorate of 
                Intellingence of the Federal Bureau of Investigation, 
                and the Office of Information Analysis of the 
                Department of Homeland Security; and
                    (iii) includes any other program, project, or 
                activity of a department, agency, or element of the 
                United States Government relating to national 
                intelligence unless the National Intelligence Director 
                and the head of the department, agency, or element 
                concerned determine otherwise; but
                    (B) except as provided in subparagraph (A)(ii), 
                does not refer to any program, project, or activity of 
                the military departments, including any program, 
                project, or activity of the Defense Intelligence Agency 
                that is not part of the National Foreign Intelligence 
                Program as of the date of the enactment of this Act, to 
                acquire intelligence principally for the planning and 
                conduct of joint or tactical military operations by the 
                United States Armed Forces.
            (7) The term ``congressional intelligence committees'' 
        means--
                    (A) the Select Committee on Intelligence of the 
                Senate;
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives;
                    (C) the Speaker of the House of Representatives and 
                the Majority Leader and the Minority Leader of the 
                House of Representatives; and
                    (D) the Majority Leader and the Minority Leader of 
                the Senate.
            (8) The term ``certified intelligence officer'' means a 
        professional employee of an element of the intelligence 
        community who meets standards and qualifications set by the 
        National Intelligence Director.

                TITLE I--NATIONAL INTELLIGENCE AUTHORITY

              Subtitle A--National Intelligence Authority

SEC. 101. NATIONAL INTELLIGENCE AUTHORITY.

    (a) Independent Establishment.--There is hereby established as an 
independent establishment in the executive branch of government the 
National Intelligence Authority.
    (b) Composition.--The National Intelligence Authority is composed 
of the following:
            (1) The Office of the National Intelligence Director.
            (2) The elements specified in subtitle D.
            (3) Such other elements, offices, agencies, and activities 
        as may be established by law or by the President or the 
        National Intelligence Director.
    (c) Primary Missions.--The primary missions of the National 
Intelligence Authority are as follows:
            (1) To unify and strengthen the efforts of the intelligence 
        community of the United States Government.
            (2) To ensure the organization of the efforts of the 
        intelligence community of the United States Government in a 
        joint manner relating to intelligence missions rather than 
        through intelligence collection disciplines.
            (3) To provide for the operation of the National 
        Counterterrorism Center and national intelligence centers under 
        subtitle D.
            (4) To eliminate barriers that impede coordination of the 
        intelligence, including counterterrorism activities of the 
        United States Government between intelligence activities 
        located abroad and intelligence activities located abroad and 
        foreign intelligence activities located domestically while 
        ensuring the protection of civil liberties.
            (5) To establish clear responsibility and accountability 
        for counterterrorism and other intelligence matters relating to 
        the national security of the United States.
    (d) Seal.--The National Intelligence Director shall have a seal for 
the National Intelligence Authority. The design of the seal is subject 
to the approval of the President. Judicial notice shall be taken of the 
seal.

SEC. 102. NATIONAL INTELLIGENCE DIRECTOR.

    (a) National Intelligence Director.--There is a National 
Intelligence Director who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    (b) Individuals Eligible for Nomination.--Any individual nominated 
for appointment as National Intelligence Director shall have extensive 
national security expertise.
    (c) Prohibition on Simultaneous Service in Other Capacity in 
Intelligence Community.--The individual serving as National 
Intelligence Director may not, while so serving, serve in any capacity 
in any other element of the intelligence community, except to the 
extent that the individual serving as National Intelligence Director 
does so in an acting capacity.
    (d) Principal Duties and Responsibilities.--The National 
Intelligence Director shall--
            (1) serve as head of the intelligence community in 
        accordance with the provisions of this Act, the National 
        Security Act of 1947 (50 U.S.C. 401 et seq.), and other 
        applicable provisions of law;
            (2) act as the principal adviser to the President for 
        intelligence related to the national security;
            (3) serve as the head of the National Intelligence 
        Authority; and
            (4) direct and oversee the National Intelligence Program.
    (e) General Responsibilities and Authorities.--In carrying out the 
duties and responsibilities set forth in subsection (c), the National 
Intelligence Director shall have the responsibilities set forth in 
section 112 and the authorities set forth in section 113 and other 
applicable provisions of law.

 Subtitle B--Responsibilities and Authorities of National Intelligence 
                                Director

SEC. 111. PROVISION OF NATIONAL INTELLIGENCE.

    (a) In General.--The National Intelligence Director shall be 
responsible for providing national intelligence--
            (1) to the President;
            (2) to the heads of other departments and agencies of the 
        executive branch;
            (3) to the Chairman of the Joint Chiefs of Staff and senior 
        military commanders;
            (4) to the Senate and House of Representatives and the 
        committees thereof; and
            (5) to such other persons or entities as the President 
        shall direct.
    (b) National Intelligence.--Such national intelligence shall be 
timely, objective, independent of political considerations, and based 
upon all sources available to the intelligence community.

SEC. 112. RESPONSIBILITIES OF NATIONAL INTELLIGENCE DIRECTOR.

    (a) In General.--The National Intelligence Director shall--
            (1) determine the annual budget for the intelligence and 
        intelligence-related activities of the United States by--
                    (A) providing to the heads of the departments 
                containing agencies or elements within the intelligence 
                community and that have one or more programs, projects, 
                or activities within the National Intelligence program, 
                and to the heads of such agencies and elements, 
                guidance for development of the National Intelligence 
                Program budget pertaining to such agencies or elements;
                    (B) developing and presenting to the President an 
                annual budget for the National Intelligence Program 
                after consultation with the heads of agencies or 
                elements, and the heads of their respective 
                departments, under subparagraph (A);
                    (C) providing budget guidance to each element of 
                the intelligence community that does not have one or 
                more program, project, or activity within the National 
                Intelligence Program regarding the intelligence and 
                intelligence-related activities of such element; and
                    (D) participating in the development by the 
                Secretary of Defense of the annual budgets for the 
                military intelligence programs, projects, and 
                activities not included in the National Intelligence 
                Program;
            (2) manage and oversee appropriations for the National 
        Intelligence Program, including--
                    (A) the execution of funds within the National 
                Intelligence Program;
                    (B) the reprogramming of funds appropriated or 
                otherwise made available to the National Intelligence 
                Program; and
                    (C) the transfer of funds and personnel under the 
                National Intelligence Program;
            (3) establish the requirements and priorities to govern the 
        collection, analysis, and dissemination of national 
        intelligence by elements of the intelligence community;
            (4) establish collection and analysis requirements for the 
        intelligence community following receipt of intelligence needs 
        and requirements from the consumers of national intelligence, 
        determine collection and analysis priorities, issue and manage 
        collection and analysis tasking, and resolve conflicts in the 
        tasking of elements of the intelligence community within the 
        National Intelligence Program, except as otherwise agreed with 
        the Secretary of Defense pursuant to the direction of the 
        President, while ensuring that the elements of the intelligence 
        community are able to conduct independent analyses so as to 
        achieve, to the maximum extent practicable, competitive 
        analyses;
            (5) provide advisory tasking on the collection of 
        intelligence to elements of the United States Government having 
        information collection capabilities that are not elements of 
        the intelligence community;
            (6) manage and oversee the National Counterterrorism Center 
        under section 143, and establish, manage, and oversee national 
        intelligence centers under section 144;
            (7) establish requirements and priorities for foreign 
        intelligence information to be collected under the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
        and provide assistance to the Attorney General to ensure that 
        information derived from electronic surveillance or physical 
        searches under that Act is disseminated so it may be used 
        efficiently and effectively for foreign intelligence purposes, 
        except that the Director shall have no authority to direct, 
        manage, or undertake electronic surveillance or physical search 
        operations pursuant to that Act unless otherwise authorized by 
        statute or Executive order;
            (8) develop and implement, in consultation with the heads 
        of other agencies or elements of the intelligence community, 
        and the heads of their respective departments, personnel 
        policies and programs applicable to the intelligence community 
        that--
                    (A) encourage and facilitate assignments and 
                details of personnel to the National Counterterrorism 
                Center under section 143, to national intelligence 
                centers under section 144, and between elements of the 
                intelligence community;
                    (B) set standards for education, training, and 
                career development of personnel of the intelligence 
                community;
                    (C) encourage and facilitate the recruitment and 
                retention by the intelligence community of highly 
                qualified individuals for the effective conduct of 
                intelligence activities;
                    (D) ensure that the personnel of the intelligence 
                community is sufficiently diverse for purposes of the 
                collection and analysis of intelligence through the 
                recruitment and training of women, minorities, and 
                individuals with diverse ethnic, cultural, and 
                linguistic backgrounds;
                    (E) make service in more than one element of the 
                intelligence community a condition of promotion to such 
                positions within the intelligence community as the 
                Director shall specify;
                    (F) ensure the effective management of intelligence 
                community personnel who are responsible for 
                intelligence community-wide matters;
                    (G) provide for the effective management of human 
                capital within the intelligence community, including--
                            (i) the alignment of human resource 
                        policies and programs of the elements of the 
                        intelligence community with the missions, 
                        goals, and organizational objectives of such 
                        elements and of the intelligence community 
                        overall;
                            (ii) the assessment of workforce 
                        characteristics and future needs and the 
                        establishment of workforce development 
                        strategies to meet those needs based on 
                        relevant organizational missions and strategic 
                        plans;
                            (iii) the sustainment of a culture that 
                        encourages and allows for the development of a 
                        high performing workforce; and
                            (iv) the alignment of expectations for 
                        personnel performance with relevant 
                        organizational missions and strategic plans;
                    (H) are consistent with the public employment 
                principles of merit and fitness set forth under section 
                2301 of title 5, United States Code; and
                    (I) include the enhancements required under section 
                114;
            (9) promote and evaluate the utility of national 
        intelligence to consumers within the United States Government;
            (10) ensure that appropriate officials of the United States 
        Government and other appropriate individuals have access to a 
        variety of intelligence assessments and analytical views;
            (11) direct an element or elements of the intelligence 
        community to conduct competitive analysis of analytic products, 
        particularly products having national importance;
            (12) implement policies and procedures to encourage sound 
        analytic methods and tradecraft throughout the elements of the 
        intelligence community and to ensure that the elements of the 
        intelligence community regularly conduct competitive analysis 
        of analytic products, whether such products are produced by or 
        disseminated to such elements;
            (13) protect intelligence sources and methods from 
        unauthorized disclosure;
            (14) establish requirements and procedures for the 
        classification of intelligence information and for access to 
        classified intelligence information;
            (15) establish requirements and procedures for the 
        dissemination of classified information by elements of the 
        intelligence community;
            (16) establish intelligence reporting guidelines that 
        maximize the dissemination of information while protecting 
        intelligence sources and methods;
            (17) develop, in consultation with the heads of appropriate 
        departments and agencies of the United States Government, an 
        integrated communications network that provides interoperable 
        communications capabilities among all elements of the 
        intelligence community and such other entities and persons as 
        the Director considers appropriate;
            (18) establish standards for information technology and 
        communications for the intelligence community;
            (19) ensure that the intelligence community makes efficient 
        and effective use of open-source information and analysis;
            (20) ensure compliance by elements of the intelligence 
        community with the Constitution and all laws, regulations, 
        Executive orders, and implementing guidelines of the United 
        States applicable to the intelligence and intelligence-related 
        activities of the United States Government, including the 
        provisions of the Constitution and all laws, regulations, 
        Executive orders, and implementing guidelines of the United 
        States applicable to the protection of the privacy and civil 
        liberties of United States persons;
            (21) eliminate waste and unnecessary duplication within the 
        intelligence community; and
            (22) perform such other functions as the President may 
        direct.
    (b) Uniform Procedures for Sensitive Compartmented Information.--
The President, acting through the National Intelligence Director, shall 
establish uniform standards and procedures for the grant of access to 
sensitive compartmented information in accordance with section 115.
    (c) Consistency of Personnel Policies and Programs With Certain 
Other Personnel Policies and Standards.--
            (1) The personnel policies and programs developed and 
        implemented under subsection (a)(8) with respect to members of 
        the uniformed services shall be consistent with any other 
        personnel policies and standards applicable to the members of 
        the uniformed services.
            (2) It is the sense of the Senate that the National 
        Intelligence Director shall seek input from the Secretary of 
        Defense, the Secretaries of the military departments, and, as 
        appropriate, the Secretary of Homeland Security in developing 
        and implementing such policies and programs.
    (d) Performance of Common Services.--(1) The National Intelligence 
Director shall, in consultation with the heads of departments and 
agencies of the United States Government containing elements within the 
intelligence community and with the Director of the Central 
Intelligence Agency, direct and coordinate the performance by the 
elements of the intelligence community within the National Intelligence 
Program of such services as are of common concern to the intelligence 
community, which services the National Intelligence Director determines 
can be more efficiently accomplished in a consolidated manner.
    (2) The services performed under paragraph (1) shall include 
research and development on technology for use in national intelligence 
missions.
    (e) Regulations.--The National Intelligence Director may prescribe 
regulations relating to the discharge and enforcement of the 
responsibilities of the Director under this section.

SEC. 113. AUTHORITIES OF NATIONAL INTELLIGENCE DIRECTOR.

    (a) Access to Intelligence.--Unless otherwise directed by the 
President, the National Intelligence Director shall have access to all 
intelligence collected by any department, agency, or other element of 
the United States Government.
    (b) Determination of Budgets for NIP and Other Intelligence 
Activities.--The National Intelligence Director shall determine the 
annual budget for the intelligence and intelligence-related activities 
of the United States Government under section 112(a)(1) by--
            (1) providing to the heads of the departments containing 
        agencies or elements within the intelligence community and that 
        have one or more programs, projects, or activities within the 
        National Intelligence program, and to the heads of such 
        agencies and elements, guidance for development of the National 
        Intelligence Program budget pertaining to such agencies or 
        elements;
            (2) developing and presenting to the President an annual 
        budget for the National Intelligence Program after consultation 
        with the heads of agencies or elements, and the heads of their 
        respective departments, under paragraph (1), including, in 
        furtherance of such budget, the review, modification, and 
        approval of budgets of the agencies or elements of the 
        intelligence community with one or more programs, projects, or 
        activities within the National Intelligence Program utilizing 
        the budget authorities in subsection (c)(1);
            (3) providing guidance on the development of annual budgets 
        for each element of the intelligence community that does not 
        have any program, project, or activity within the National 
        Intelligence Program utilizing the budget authorities in 
        subsection (c)(2);
            (4) participating in the development by the Secretary of 
        Defense of the annual budget for military intelligence programs 
        and activities outside the National Intelligence Program;
            (5) receiving the appropriations for the National 
        Intelligence Program as specified in subsection (d) and 
        allotting and allocating funds to agencies and elements of the 
        intelligence community; and
            (6) managing and overseeing the execution by the agencies 
        or elements of the intelligence community, and, if necessary, 
        the modification of the annual budget for the National 
        Intelligence Program, including directing the reprogramming and 
        transfer of funds, and the transfer of personnel, among and 
        between elements of the intelligence community within the 
        National Intelligence Program utilizing the authorities in 
        subsections (f) and (g).
    (c) Budget Authorities.--(1)(A) In developing and presenting an 
annual budget for the elements of the intelligence community within the 
National Intelligence Program under subsection (b)(1), the National 
Intelligence Director shall coordinate, prepare, and present to the 
President the annual budgets of those elements, in consultation with 
the heads of those elements.
    (B) If any portion of the budget for an element of the intelligence 
community within the National Intelligence Program is prepared outside 
the Office of the National Intelligence Director, the Director--
            (i) shall approve such budget before submission to the 
        President; and
            (ii) may modify, or may require modifications, of such 
        budget to meet the requirements and priorities of the Director 
        before approving such budget under clause (i).
    (C) The budget of an agency or element of the intelligence 
community with one or more programs, projects, or activities within the 
National Intelligence Program may not be provided to the President 
unless the Director has first approved such budget as it pertains to 
those programs, projects, and activities within the National 
Intelligence Program.
    (2)(A) The Director shall provide guidance for the development of 
the annual budgets for each agency or element of the intelligence 
community that does not have any program, project, or activity within 
the National Intelligence Program.
    (B) The heads of the agencies or elements of the intelligence 
community, and the heads of their respective departments, referred to 
in subparagraph (A) shall coordinate closely with the Director in the 
development of the budgets of such agencies or elements, before the 
submission of their recommendations on such budgets to the President.
    (d) Jurisdiction of Funds Under NIP.--(1) Notwithstanding any other 
provision of law and consistent with section 504 of the National 
Security Act of 1947 (50 U.S.C. 414), any amounts appropriated or 
otherwise made available for the National Intelligence Program shall be 
appropriated to the National Intelligence Authority and, pursuant to 
subsection (e), under the direct jurisdiction of the National 
Intelligence Director.
    (2) The Director shall manage and oversee the execution by each 
element of the intelligence community of any amounts appropriated or 
otherwise made available to such element under the National 
Intelligence Program.
    (e) Accounts for Administration of NIP Funds.--(1) The Secretary of 
the Treasury shall, in consultation with the National Intelligence 
Director, establish accounts for the funds under the jurisdiction of 
the Director under subsection (d) for purposes of carrying out the 
responsibilities and authorities of the Director under this Act with 
respect to the National Intelligence Program.
    (2) The National Intelligence Director shall--
            (A) control and manage the accounts established under 
        paragraph (1); and
            (B) with the concurrence of the Director of the Office of 
        Management and Budget, establish procedures governing the use 
        (including transfers and reprogrammings) of funds in such 
        accounts.
    (3)(A) To the extent authorized by law, a certifying official shall 
follow the procedures established under paragraph (2)(B) with regard to 
each account established under paragraph (1). Disbursements from any 
such account shall only be made against a valid obligation of such 
account.
    (B) In this paragraph, the term ``certifying official', with 
respect to an element of the intelligence community, means an employee 
of the element who has responsibilities specified in section 3528(a) of 
title 31, United States Code.
    (4) The National Intelligence Director shall allot funds deposited 
in an account established under paragraph (1) directly to the elements 
of the intelligence community concerned in accordance with the 
procedures established under paragraph (2)(B).
    (5) Each account established under paragraph (1) shall be subject 
to chapters 13 and 15 of title 31, United States Code, other than 
sections 1503 and 1556 of that title.
    (6) Nothing in this subsection shall be construed to impair or 
otherwise affect the authority granted by subsection (g)(3) or by 
section 5 or 8 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f, 403j).
    (f) Role in Reprogramming or Transfer of NIP Funds by Elements of 
Intelligence Community.--(1) No funds made available under the National 
Intelligence Program may be reprogrammed or transferred by any agency 
or element of the intelligence community without the prior approval of 
the National Intelligence Director except in accordance with procedures 
issued by the Director.
    (2) The head of the department concerned shall consult with the 
Director before reprogramming or transferring funds appropriated or 
otherwise made available to an agency or element of the intelligence 
community that does not have any program, project, or activity within 
the National Intelligence Program.
    (3) The Director shall, before reprogramming funds appropriated or 
otherwise made available for an element of the intelligence community 
within the National Intelligence Program, consult with the head of the 
department or agency having jurisdiction over such element regarding 
such reprogramming.
    (4)(A) The Director shall consult with the appropriate committees 
of Congress regarding modifications of existing procedures to expedite 
the reprogramming of funds within the National Intelligence Program.
    (B) Any modification of procedures under subparagraph (A) shall 
include procedures for the notification of the appropriate committees 
of Congress of any objection raised by the head of a department or 
agency to a reprogramming proposed by the Director as a result of 
consultations under paragraph (3).
    (g) Transfer or Reprogramming of Funds and Transfer of Personnel 
Within NIP.--(1) In addition to any other authorities available under 
law for such purposes, the National Intelligence Director, with the 
approval of the Director of the Office of Management and Budget and 
after consultation with the heads of the departments containing 
agencies or elements within the intelligence community to the extent 
their subordinate agencies or elements are affected, with the heads of 
such subordinate agencies or elements, and with the Director of the 
Central Intelligence Agency to the extent the Central Intelligence 
Agency is affected, may--
            (A) transfer or reprogram funds appropriated for a program 
        within the National Intelligence Program to another such 
        program;
            (B) review, and approve or disapprove, any proposal to 
        transfer or reprogram funds from appropriations that are not 
        for the National Intelligence Program to appropriations for the 
        National Intelligence Program;
            (C) in accordance with procedures to be developed by the 
        National Intelligence Director, transfer personnel of the 
        intelligence community funded through the National Intelligence 
        Program from one element of the intelligence community to 
        another element of the intelligence community; and
            (D) in accordance with procedures to be developed by the 
        National Intelligence Director and the heads of the departments 
        and agencies concerned, transfer personnel of the intelligence 
        community not funded through the National Intelligence Program 
        from one element of the intelligence community to another 
        element of the intelligence community.
    (2) A transfer of funds or personnel may be made under this 
subsection only if--
            (A) the funds or personnel are being transferred to an 
        activity that is a higher priority intelligence activity;
            (B) the transfer does not involve a transfer of funds to 
        the Reserve for Contingencies; and
            (C) the transfer does not exceed applicable ceilings 
        established in law for such transfers;
            (D) the personnel are not uniformed; and
            (E) uniformed services personnel, except that the Director 
        may transfer military positions or billets if such transfer is 
        for a period not to exceed three years; and
            (E) nothing in section 143(i) or 144(f) shall be construed 
        to authorize the Director to specify or require the head of a 
        department, agency, or element of the United States Government 
        to approve a request for the transfer, assignment, or detail of 
        uniformed services personnel, except that the Director may take 
        such action with regard to military positions or billets if 
        such transfer is for a period not to exceed three years.
    (3) Funds transferred under this subsection shall remain available 
for the same period as the appropriations account to which transferred.
    (4) Any transfer of funds under this subsection shall be carried 
out in accordance with existing procedures applicable to reprogramming 
notifications for the appropriate congressional committees. Any 
proposed transfer for which notice is given to the appropriate 
congressional committees shall be accompanied by a report explaining 
the nature of the proposed transfer and how it satisfies the 
requirements of this subsection. In addition, the congressional 
intelligence committees shall be promptly notified of any transfer of 
funds made pursuant to this subsection in any case in which the 
transfer would not have otherwise required reprogramming notification 
under procedures in effect as of October 24, 1992.
    (5)(A) The National Intelligence Director shall promptly submit to 
the appropriate committees of Congress a report on any transfer of 
personnel made pursuant to this subsection. The Director shall include 
in any such report an explanation of the nature of the transfer and how 
it satisfies the requirements of this subsection.
    (B) In this paragraph, the term ``appropriate committees of 
Congress'' means--
            (i)(I) the Committee on Appropriations and the Select 
        Committee on Intelligence of the Senate; and
            (II) the Committee on Appropriations and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives;
            (ii) in the case of a transfer of personnel to or from the 
        Department of Defense--
                    (I) the committees and select committees referred 
                to in clause (i);
                    (II) the Committee on Armed Services of the Senate; 
                and
                    (III) the Committee on Armed Services of the House 
                of Representatives;
            (iii) in the case of a transfer of personnel to or from the 
        Federal Bureau of Investigation--
                    (I) the committees and select committees referred 
                to in clause (i);
                    (II) the Committee on the Judiciary of the Senate; 
                and
                    (III) the Committee on the Judiciary of the House 
                of Representatives; and
            (iv) in the case of a transfer of personnel to or from the 
        Department of Homeland Security--
                    (I) the committees and select committees referred 
                to in clause (i);
                    (II) the Committee on Governmental Affairs of the 
                Senate; and
                    (III) the Select Committee on Homeland Security of 
                the House of Representatives.
    (h) Information Technology and Communications.--(1) In conforming 
with section 206, in carrying out section 112(a)(18), the National 
Intelligence Director shall--
            (A) establish standards for information technology and 
        communications across the intelligence community;
            (B) develop an integrated information technology network 
        and enterprise architecture for the intelligence community, 
        including interface standards for interoperability to enable 
        automated information-sharing among elements of the 
        intelligence community;
            (C) maintain an inventory of critical information 
        technology and communications systems, and eliminate 
        unnecessary or duplicative systems;
            (D) establish contingency plans for the intelligence 
        community regarding information technology and communications; 
        and
            (E) establish policies, doctrine, training, and other 
        measures necessary to ensure that the intelligence community 
        develops an integrated information technology and 
        communications network that ensures information-sharing.
    (2) Consistent with section 206 and the Clinger-Cohen Act 
(divisions D and E of Public Law 104-106; 110 Stat. 642), the Director 
shall take any action necessary, including the setting of standards for 
information technology and communications across the intelligence 
community, to develop an integrated information technology and 
communications network that ensures information-sharing across the 
intelligence community.
    (i) Coordination With Foreign Governments.--In a manner consistent 
with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), 
the National Intelligence Director shall oversee and direct the 
Director of the Central Intelligence Agency in coordinating, under 
section 103(f) of the National Security Act of 1947, the relationships 
between elements of the intelligence community and the intelligence or 
security services of foreign governments or international organizations 
on all matters involving intelligence related to the national security.
    (j) Open Source Information Collection.--The National Intelligence 
Director shall establish and maintain within the intelligence community 
an effective and efficient open-source information collection 
capability.
    (k) Access to Information.--Except as otherwise directed by the 
President, the head of any department, agency, or other element of the 
United States Government shall promptly provide the National 
Intelligence Director such information in the possession or under the 
control of such element as the Director may request in order to 
facilitate the exercise of the authorities and responsibilities of the 
Director under this Act.

SEC. 114. FUNDING OF INTELLIGENCE ACTIVITIES.

    (a) Funding of Activities.--(1) Notwithstanding any other provision 
of this Act, appropriated funds available to an intelligence agency may 
be obligated or expended for an intelligence or intelligence-related 
activity only if--
            (A) those funds were specifically authorized by the 
        Congress for use for such activities;
            (B) in the case of funds from the Reserve for Contingencies 
        of the National Intelligence Director, and consistent with the 
        provisions of section 503 of the National Security Act of 1947 
        (50 U.S.C. 413b) concerning any significant anticipated 
        intelligence activity, the National Intelligence Director has 
        notified the appropriate congressional committees of the intent 
        to make such funds available for such activity; or
            (C) in the case of funds specifically authorized by the 
        Congress for a different activity--
                    (i) the activity to be funded is a higher priority 
                intelligence or intelligence-related activity; and
                    (ii) the National Intelligence Director, the 
                Secretary of Defense, or the Attorney General, as 
                appropriate, has notified the appropriate congressional 
                committees of the intent to make such funds available 
                for such activity.
    (2) Nothing in this subsection prohibits the obligation or 
expenditure of funds available to an intelligence agency in accordance 
with sections 1535 and 1536 of title 31, United States Code.
    (b) Applicability of Other Authorities.--Notwithstanding any other 
provision of this Act, appropriated funds available to an intelligence 
agency may be obligated or expended for an intelligence, intelligence-
related, or other activity only if such obligation or expenditure is 
consistent with subsections (b), (c), and (d) of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414).
    (c) Definitions.--In this section:
            (1) The term ``intelligence agency'' means any department, 
        agency, or other entity of the United States involved in 
        intelligence or intelligence-related activities.
            (2) The term ``appropriate congressional committees'' 
        means--
                    (A)(i) the Permanent Select Committee on 
                Intelligence and the Committee on Appropriations of the 
                House of Representatives; and
                    (ii) the Select Committee on Intelligence and the 
                Committee on Appropriations of the Senate;
                    (B) in the case of a transfer of funds to or from, 
                or a reprogramming within, the Department of Defense--
                            (i) the committees and select committees 
                        referred to in subparagraph (A);
                            (ii) the Committee on Armed Services of the 
                        House of Representatives; and
                            (iii) the Committee on Armed Services of 
                        the Senate; and
                    (C) in the case of a transfer of funds to or from, 
                or a reprogramming within, the Federal Bureau of 
                Investigation--
                            (i) the committees and select committees 
                        referred to in subparagraph (A);
                            (ii) the Committee on the Judiciary of the 
                        House of Representatives; and
                            (iii) the Committee on the Judiciary of the 
                        Senate.
            (3) The term ``specifically authorized by the Congress'' 
        means that--
                    (A) the activity and the amount of funds proposed 
                to be used for that activity were identified in a 
                formal budget request to the Congress, but funds shall 
                be deemed to be specifically authorized for that 
                activity only to the extent that the Congress both 
                authorized the funds to be appropriated for that 
                activity and appropriated the funds for that activity; 
                or
                    (B) although the funds were not formally requested, 
                the Congress both specifically authorized the 
                appropriation of the funds for the activity and 
                appropriated the funds for the activity.

SEC. 115. ENHANCED PERSONNEL MANAGEMENT.

    (a) Rewards for Service in Certain Positions.--(1) The National 
Intelligence Director shall prescribe regulations to provide incentives 
for service on the staff of the national intelligence centers, on the 
staff of the National Counterterrorism Center, and in other positions 
in support of the intelligence community management functions of the 
Director.
    (2) Incentives under paragraph (1) may include financial 
incentives, bonuses, and such other awards and incentives as the 
Director considers appropriate.
    (b) Enhanced Promotion for Service Under NID.--Notwithstanding any 
other provision of law, the National Intelligence Director shall ensure 
that personnel of an element of the intelligence community who are 
assigned or detailed to service under the National Intelligence 
Director shall be promoted at rates equivalent to or better than 
personnel of such element who are not so assigned or detailed.
    (c) Joint Career Matters.--(1) In carrying out section 112(a)(8), 
the National Intelligence Director shall prescribe mechanisms to 
facilitate the rotation of personnel of the intelligence community 
through various elements of the intelligence community in the course of 
their careers in order to facilitate the widest possible understanding 
by such personnel of the variety of intelligence requirements, methods, 
and disciplines.
    (2) The mechanisms prescribed under paragraph (1) may include the 
following:
            (A) The establishment of special occupational categories 
        involving service, over the course of a career, in more than 
        one element of the intelligence community.
            (B) The provision of rewards for service in positions 
        undertaking analysis and planning of operations involving two 
        or more elements of the intelligence community.
            (C) The establishment of requirements for education, 
        training, service, and evaluation that involve service in more 
        than one element of the intelligence community.
    (3) It is the sense of Congress that the mechanisms prescribed 
under this subsection should, to the extent practical, seek to 
duplicate within the intelligence community the joint officer 
management policies established by the Goldwater-Nichols Department of 
Defense Reorganization Act of 1986 (Public Law 99-433) and the 
amendments on joint officer management made by that Act.

SEC. 116. SECURITY CLEARANCES.

    (a) In General.--The President, in consultation with the National 
Intelligence Director, the department, agency, or element selected 
under (b), and other appropriate officials shall--
            (1) establish uniform standards and procedures for the 
        grant of access to classified information for employees and 
        contractor personnel of the United States Government who 
        require access to such information;
            (2) ensure the consistent implementation of the standards 
        and procedures established under paragraph (1) throughout the 
        departments, agencies, and elements of the United States 
        Government and under contracts entered into by such 
        departments, agencies, and elements;
            (3) ensure that an individual who is granted or continued 
        eligibility for access to classified information is treated by 
        each department, agency, or element of the executive branch as 
        eligible for access to classified information at that level for 
        all purposes of each such department, agency, or element, 
        regardless of which department, agency, or element of the 
        executive branch granted or continued the eligibility of such 
        individual for access to classified information;
            (4) establish uniform requirements and standards, including 
        for security questionnaires, financial disclosure requirements, 
        and standards for administering polygraph examinations, to be 
        utilized for the performance of security clearance 
        investigations, including by the contractors conducting such 
        investigations; and
            (5) ensure that the database established under subsection 
        (b)(2)(B) meets the needs of the intelligence community.
    (b) Performance of Security Clearance Investigations.--(1) Not 
later than 45 days after the date of the enactment of this Act, the 
President shall select a single department, agency, or element of the 
executive branch to conduct all security clearance investigations of 
employees and contractor personnel of the United States Government who 
require access to classified information and to provide and maintain 
all security clearances of such employees and contractor personnel.
    (2) The department, agency, or element selected under paragraph (1) 
shall--
                    (A) take all necessary actions to carry out the 
                requirements of this section, including entering into a 
                memorandum of understanding with any agency carrying 
                out responsibilities relating to security clearances or 
                security clearance investigations before the date of 
                the enactment of this Act;
                    (B) as soon as practicable, establish and maintain 
                a single database for tracking security clearance 
                applications, security clearance investigations, and 
                determinations of eligibility for security clearances, 
                which database shall incorporate applicable elements of 
                similar databases in existence on the date of the 
                enactment of this Act; and
                    (C) ensure that security clearance investigations 
                are conducted in accordance with uniform standards and 
                requirements established under subsection (a)(4), 
                including uniform security questionnaires and financial 
                disclosure requirements.
    (c) Adjudication and Grant of Security Clearances.--(1) Each agency 
that adjudicates and grants security clearances as of the date of the 
enactment of this Act may continue to adjudicate and grant security 
clearances after that date.
    (2) Each agency that adjudicates and grants security clearances 
shall specify to the department, agency, or element selected under 
subsection (b) the level of security clearance investigation required 
for an individual under its jurisdiction.
    (3) Upon granting or continuing eligibility for access to 
classified information to an individual under its jurisdiction, an 
agency that adjudicates and grants security clearances shall submit to 
the department, agency, or element selected under subsection (b) notice 
of that action, including the level of access to classified information 
granted.
    (d) Utilization of Personnel.--There shall be transferred to the 
department, agency, or element selected under subsection (b) any 
personnel of any executive agency whose sole function as of the date of 
the enactment of this Act is the performance of security clearance 
investigations.
    (e) Transition.--The President shall take appropriate actions to 
ensure that the performance of security clearance investigations under 
this section commences not later than one year after the date of the 
enactment of this Act.

SEC. 117. NATIONAL INTELLIGENCE RESERVE CORPS.

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

SEC. 118. APPOINTMENT AND TERMINATION OF CERTAIN OFFICIALS RESPONSIBLE 
              FOR INTELLIGENCE-RELATED ACTIVITIES.

    (a) Recommendation of NID in Certain Appointment.--In the event of 
a vacancy in the position of Director of the Central Intelligence 
Agency, the National Intelligence Director shall recommend to the 
President an individual for nomination to fill the vacancy.
    (b) NID Recommendation or Concurrence in Certain Appointments.--
With respect to any position as head of an agency, organization, or 
element within the intelligence community (other than the Director of 
the Central Intelligence Agency)--
            (1) if the appointment to such position is made by the 
        President, any recommendation to the President to nominate or 
        appoint an individual to such position shall be accompanied by 
        the recommendation of the National Intelligence Director with 
        respect to the nomination or appointment of such individual to 
        such position; and
            (2) if the appointment to such position is made by the head 
        of the department containing such agency, organization, or 
        element, the Director of the Central Intelligence Agency, or a 
        subordinate official of such department or of the Central 
        Intelligence Agency, no individual may be appointed to such 
        position without the concurrence of the National Intelligence 
        Director.
    (c) Presidential Authority.--This section, and the amendments made 
by this section, shall apply to the fullest extent consistent with the 
authority of the President under the Constitution relating to 
nomination, appointment, and supervision of the unitary executive 
branch.
    (d) Recommendation of NID on Termination of Service.--(1) The 
National Intelligence Director may recommend to the President or the 
head of the department or agency concerned the termination of service 
of any individual serving in any position covered by this section.
    (2) In the event the Director intends to recommend to the President 
the termination of service of an individual under paragraph (1), the 
Director shall seek the concurrence of the head of the department or 
agency concerned. If the head of the department or agency concerned 
does not concur in the recommendation, the Director may make the 
recommendation to the President without the concurrence of the head of 
the department or agency concerned, but shall notify the President that 
the head of the department or agency concerned does not concur in the 
recommendation.
    (e) Conforming Amendments.--(1) Section 201 of title 10, United 
States Code, is amended--
            (A) by striking subsection (a);
            (B) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively;
            (C) by striking ``Director of Central Intelligence'' each 
        place it appears and inserting ``National Intelligence 
        Director'';
            (D) in subsection (a), as so redesignated--
                    (i) in paragraph (1)--
                            (I) by striking ``seek'' and inserting 
                        ``obtain''; and
                            (II) by striking the second sentence; and
                    (ii) in paragraph (2)--
                            (I) by redesignating subparagraphs (B) and 
                        (C) as subparagraphs (C) and (D), respectively; 
                        and
                            (II) by inserting after subparagraph (A) 
                        the following new subparagraph (B):
            ``(B) The Director of the Defense Intelligence Agency.''; 
        and
            (E) in paragraph (2) of subsection (b), as so 
        redesignated--
                    (i) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively; and
                    (ii) by inserting after subparagraph (A) the 
                following new subparagraph (B):
            ``(B) The Director of the Defense Intelligence Agency.''.
    (2)(A) The heading of such section is amended by striking 
``consultation and''.
    (B) The table of sections at the beginning of subchapter II of 
chapter 8 of such title is amended in the item relating to section 201 
by striking ``consultation and''.

SEC. 119. RESERVE FOR CONTINGENCIES.

    (a) Establishment.--There is hereby established on the books of the 
Treasury an account to be known as the Reserve for Contingencies for 
the National Intelligence Director and the Director of the Central 
Intelligence Agency.
    (b) Elements.--The Reserve shall consist of the following elements:
            (1) Amounts authorized to be appropriated to the Reserve.
            (2) Any amounts authorized to be transferred to or 
        deposited in the Reserve by law.
    (c) Availability.--Amounts in the Reserve shall be available for 
such purposes as are provided by law. Any use of funds from the Reserve 
shall be subject to the direction and approval of the National 
Intelligence Director and in accordance with procedures issued by the 
Director.
    (d) Transfer of Funds of Reserve for Contingencies of CIA.--There 
shall be transferred to the Reserve for Contingencies all unobligated 
balances of the Reserve for Contingencies of the Central Intelligence 
Agency as of the date of the enactment of this Act.

        Subtitle C--Office of the National Intelligence Director

SEC. 121. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.

    (a) Office of National Intelligence Director.--There is within the 
National Intelligence Authority an Office of the National Intelligence 
Director.
    (b) Function.--The function of the Office of the National 
Intelligence Director is to assist the National Intelligence Director 
in carrying out the duties and responsibilities of the Director under 
this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.), 
and other applicable provisions of law, and to carry out such other 
duties as may be prescribed by the President or by law.
    (c) Composition.--The Office of the National Intelligence Director 
is composed of the following:
            (1) The Principal Deputy National Intelligence Director.
            (2) Any Deputy National Intelligence Director appointed 
        under section 122(b).
            (3) The National Intelligence Council.
            (4) The General Counsel of the National Intelligence 
        Authority.
            (5) The Officer for Civil Rights and Civil Liberties of the 
        National Intelligence Authority.
            (6) The Privacy Officer of the National Intelligence 
        Authority.
            (7) The Chief Information Officer of the National 
        Intelligence Authority.
            (8) The Chief Human Capital Officer of the National 
        Intelligence Authority.
            (9) The Chief Financial Officer of the National 
        Intelligence Authority.
            (10) The Chief Scientist of the National Intelligence 
        Authority.
            (11) The National Counterintelligence Executive (including 
        the Office of the National Counterintelligence Executive).
            (12) Such other offices and officials as may be established 
        by law or the Director may establish or designate in the 
        Office.
    (d) Staff.--(1) To assist the National Intelligence Director in 
fulfilling the duties and responsibilities of the Director, the 
Director shall employ and utilize in the Office of the National 
Intelligence Director a professional staff having an expertise in 
matters relating to such duties and responsibilities, and may establish 
permanent positions and appropriate rates of pay with respect to that 
staff.
    (2) The staff of the Office of the National Intelligence Director 
under paragraph (1) shall include the staff of the Office of the Deputy 
Director of Central Intelligence for Community Management that is 
transferred to the Office of the National Intelligence Director under 
section 321.
    (e) Prohibition on Co-Location With Other Elements of Intelligence 
Community.--Commencing as of October 1, 2006, the Office of the 
National Intelligence Director may not be co-located with any other 
element of the intelligence community.

SEC. 122. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.

    (a) Principal Deputy National Intelligence Director.--(1) There is 
a Principal Deputy National Intelligence Director who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (2) In the event of a vacancy in the position of Principal Deputy 
National Intelligence Director, the National Intelligence Director 
shall recommend to the President an individual for appointment as 
Principal Deputy National Intelligence Director.
    (3) Any individual nominated for appointment as Principal Deputy 
National Intelligence Director shall have extensive national security 
experience and management expertise.
    (4) The individual serving as Principal Deputy National 
Intelligence Director may not, while so serving, serve in any capacity 
in any other element of the intelligence community, except to the 
extent that the individual serving as Principal Deputy National 
Intelligence Director is doing so in an acting capacity.
    (5) The Principal Deputy National Intelligence Director shall 
assist the National Intelligence Director in carrying out the duties 
and responsibilities of the Director.
    (6) The Principal Deputy National Intelligence Director shall act 
for, and exercise the powers of, the National Intelligence Director 
during the absence or disability of the National Intelligence Director 
or during a vacancy in the position of National Director of 
Intelligence.
    (b) Deputy National Intelligence Directors.--(1) There may be not 
more than four Deputy National Intelligence Directors who shall be 
appointed by the President.
    (2) In the event of a vacancy in any position of Deputy National 
Intelligence Director established under this subsection, the National 
Intelligence Director shall recommend to the President an individual 
for appointment to such position.
    (3) Each Deputy National Intelligence Director appointed under this 
subsection shall have such duties, responsibilities, and authorities as 
the National Intelligence Director may assign or are specified by law.

SEC. 123. NATIONAL INTELLIGENCE COUNCIL.

    (a) National Intelligence Council.--There is a National 
Intelligence Council.
    (b) Composition.--(1) The National Intelligence Council shall be 
composed of senior analysts within the intelligence community and 
substantive experts from the public and private sector, who shall be 
appointed by, report to, and serve at the pleasure of, the National 
Intelligence Director.
    (2) The Director shall prescribe appropriate security requirements 
for personnel appointed from the private sector as a condition of 
service on the Council, or as contractors of the Council or employees 
of such contractors, to ensure the protection of intelligence sources 
and methods while avoiding, wherever possible, unduly intrusive 
requirements which the Director considers to be unnecessary for this 
purpose.
    (c) Duties and Responsibilities.--(1) The National Intelligence 
Council shall--
            (A) produce national intelligence estimates for the United 
        States Government, including alternative views held by elements 
        of the intelligence community and other information as 
        specified in paragraph (2);
            (B) evaluate community-wide collection and production of 
        intelligence by the intelligence community and the requirements 
        and resources of such collection and production; and
            (C) otherwise assist the National Intelligence Director in 
        carrying out the responsibilities of the Director under section 
        111.
    (2) The National Intelligence Director shall ensure that the 
Council satisfies the needs of policymakers and other consumers of 
intelligence by ensuring that each national intelligence estimate under 
paragraph (1), and each other National Intelligence Council product--
            (A) states separately, and distinguishes between, the 
        intelligence underlying such estimate or product and the 
        assumptions and judgments of analysts with respect to such 
        intelligence and such estimate or product;
            (B) describes the quality and reliability of the 
        intelligence underlying such estimate or product;
            (C) presents and explains alternative conclusions, if any, 
        with respect to the intelligence underlying such estimate or 
        product and such estimate or product, as the case may be; and
            (D) characterizes the uncertainties, if any, and confidence 
        in such estimate or product.
    (d) Service as Senior Intelligence Advisers.--Within their 
respective areas of expertise and under the direction of the National 
Intelligence Director, the members of the National Intelligence Council 
shall constitute the senior intelligence advisers of the intelligence 
community for purposes of representing the views of the intelligence 
community within the United States Government.
    (e) Authority To Contract.--Subject to the direction and control of 
the National Intelligence Director, the National Intelligence Council 
may carry out its responsibilities under this section by contract, 
including contracts for substantive experts necessary to assist the 
Council with particular assessments under this section.
    (f) Staff.--The National Intelligence Director shall make available 
to the National Intelligence Council such staff as may be necessary to 
permit the Council to carry out its responsibilities under this 
section.
    (g) Availability of Council and Staff.--(1) The National 
Intelligence Director shall take appropriate measures to ensure that 
the National Intelligence Council and its staff satisfy the needs of 
policymaking officials and other consumers of intelligence.
    (2) The Council shall be readily accessible to policymaking 
officials and other appropriate individuals not otherwise associated 
with the intelligence community.
    (h) Support.--The heads of the elements of the intelligence 
community shall, as appropriate, furnish such support to the National 
Intelligence Council, including the preparation of intelligence 
analyses, as may be required by the National Intelligence Director.
    (i) National Intelligence Council Product.--For purposes of this 
section, the term ``National Intelligence Council product'' includes a 
National Intelligence Estimate and any other intelligence community 
assessment that sets forth the judgment of the intelligence community 
as a whole on a matter covered by such product.

SEC. 124. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE AUTHORITY.

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

SEC. 125. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE NATIONAL 
              INTELLIGENCE AUTHORITY.

    (a) Officer for Civil Rights and Civil Liberties of National 
Intelligence Authority.--There is an Officer for Civil Rights and Civil 
Liberties of the National Intelligence Authority who shall be appointed 
by the National Intelligence Director.
    (b) Supervision.--The Officer for Civil Rights and Civil Liberties 
of the National Intelligence Authority shall report directly to the 
National Intelligence Director.
    (c) Duties.--The Officer for Civil Rights and Civil Liberties of 
the National Intelligence Authority shall--
            (1) assist the National Intelligence Director in ensuring 
        that the protection of civil rights and civil liberties, as 
        provided in the Constitution, laws, regulations, and Executive 
        orders of the United States, is appropriately incorporated in--
                    (A) the policies and procedures developed for and 
                implemented by the National Intelligence Authority;
                    (B) the policies and procedures regarding the 
                relationships among the elements of the intelligence 
                community within the National Intelligence Program; and
                    (C) the policies and procedures regarding the 
                relationships between the elements of the intelligence 
                community within the National Intelligence Program and 
                the other elements of the intelligence community;
            (2) oversee compliance by the Authority, and in the 
        relationships described in paragraph (1), with requirements 
        under the Constitution and all laws, regulations, Executive 
        orders, and implementing guidelines relating to civil rights 
        and civil liberties;
            (3) review, investigate, and assess complaints and other 
        information indicating possible abuses of civil rights or civil 
        liberties, as provided in the Constitution, laws, regulations, 
        and Executive orders of the United States, in the 
        administration of the programs and operations of the Authority, 
        and in the relationships described in paragraph (1), unless, in 
        the determination of the Inspector General of the National 
        Intelligence Authority, the review, investigation, or 
        assessment of a particular complaint or information can better 
        be conducted by the Inspector General;
            (4) coordinate with the Privacy Officer of the National 
        Intelligence Authority to ensure that programs, policies, and 
        procedures involving civil rights, civil liberties, and privacy 
        considerations are addressed in an integrated and comprehensive 
        manner; and
            (5) perform such other duties as may be prescribed by the 
        Director or specified by law.

SEC. 126. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) Privacy Officer of National Intelligence Authority.--There is a 
Privacy Officer of the National Intelligence Authority who shall be 
appointed by the National Intelligence Director.
    (b) Duties.--(1) The Privacy Officer of the National Intelligence 
Authority shall have primary responsibility for the privacy policy of 
the National Intelligence Authority (including in the relationships 
among the elements of the intelligence community within the National 
Intelligence Program and the relationships between the elements of the 
intelligence community within the National Intelligence Program and the 
other elements of the intelligence community).
    (2) In discharging the responsibility under paragraph (1), the 
Privacy Officer shall--
            (A) assure that the use of technologies sustain, and do not 
        erode, privacy protections relating to the use, collection, and 
        disclosure of personal information;
            (B) assure that personal information contained in Privacy 
        Act systems of records is handled in full compliance with fair 
        information practices as set out in the Privacy Act of 1974;
            (C) conduct privacy impact assessments when appropriate or 
        as required by law; and
            (D) coordinate with the Officer for Civil Rights and Civil 
        Liberties of the National Intelligence Authority to ensure that 
        programs, policies, and procedures involving civil rights, 
        civil liberties, and privacy considerations are addressed in an 
        integrated and comprehensive manner.

SEC. 127. CHIEF INFORMATION OFFICER OF THE NATIONAL INTELLIGENCE 
              AUTHORITY.

    (a) Chief Information Officer of National Intelligence Authority.--
There is a Chief Information Officer of the National Intelligence 
Authority who shall be appointed by the National Intelligence Director.
    (b) Duties.--The Chief Information Officer of the National 
Intelligence Authority shall--
            (1) assist the National Intelligence Director in 
        implementing the responsibilities and executing the authorities 
        related to information technology under paragraphs (17) and 
        (18) of section 112(a) and section 113(h); and
            (2) perform such other duties as may be prescribed by the 
        Director or specified by law.

SEC. 128. CHIEF HUMAN CAPITAL OFFICER OF THE NATIONAL INTELLIGENCE 
              AUTHORITY.

    (a) Chief Human Capital Officer of National Intelligence 
Authority.--There is a Chief Human Capital Officer of the National 
Intelligence Authority who shall be appointed by the National 
Intelligence Director.
    (b) Duties.--The Chief Human Capital Officer of the National 
Intelligence Authority shall--
            (1) have the functions and authorities provided for Chief 
        Human Capital Officers under sections 1401 and 1402 of title 5, 
        United States Code, with respect to the National Intelligence 
        Authority; and
            (2) advise and assist the National Intelligence Director in 
        exercising the authorities and responsibilities of the Director 
        with respect to the workforce of the intelligence community as 
        a whole.

SEC. 129. CHIEF FINANCIAL OFFICER OF THE NATIONAL INTELLIGENCE 
              AUTHORITY.

    (a) Chief Financial Officer of National Intelligence Authority.--
There is a Chief Financial Officer of the National Intelligence 
Authority who shall be designated by the President, in consultation 
with the National Intelligence Director.
    (b) Designation Requirements.--The designation of an individual as 
Chief Financial Officer of the National Intelligence Authority shall be 
subject to applicable provisions of section 901(a) of title 31, United 
States Code.
    (c) Authorities and Functions.--The Chief Financial Officer of the 
National Intelligence Authority shall--
            (1) have such authorities, and carry out such functions, 
        with respect to the National Intelligence Authority as are 
        provided for an agency Chief Financial Officer by section 902 
        of title 31, United States Code, and other applicable 
        provisions of law;
            (2) assist the National Intelligence Director in the 
        preparation and execution of the budget of the elements of the 
        intelligence community within the National Intelligence 
        Program;
            (3) assist the Director in participating in the development 
        by the Secretary of Defense of the annual budget for military 
        intelligence programs and activities outside the National 
        Intelligence Program;
            (4) provide unfettered access to the Director to financial 
        information under the National Intelligence Program; and
            (5) perform such other duties as may be prescribed by the 
        Director or specified by law.
    (d) Coordination With NIA Comptroller.--(1) The Chief Financial 
Officer of the National Intelligence Authority shall coordinate with 
the Comptroller of the National Intelligence Authority in exercising 
the authorities and performing the functions provided for the Chief 
Financial Officer under this section.
    (2) The National Intelligence Director shall take such actions as 
are necessary to prevent duplication of effort by the Chief Financial 
Officer of the National Intelligence Authority and the Comptroller of 
the National Intelligence Authority.
    (e) Integration of Financial Systems.--Subject to the supervision, 
direction, and control of the National Intelligence Director, the Chief 
Financial Officer of the National Intelligence Authority shall take 
appropriate actions to ensure the timely and effective integration of 
the financial systems of the National Intelligence Authority (including 
any elements or components transferred to the Authority by this Act), 
and of the financial systems of the Authority with applicable portions 
of the financial systems of the other elements of the intelligence 
community, as soon as possible after the date of the enactment of this 
Act.
    (f) Protection of Annual Financial Statement From Disclosure.--The 
annual financial statement of the National Intelligence Authority 
required under section 3515 of title 31, United States Code--
            (1) shall be submitted in classified form; and
            (2) notwithstanding any other provision of law, shall be 
        withheld from public disclosure.

SEC. 130. CHIEF SCIENTIST OF THE NATIONAL INTELLIGENCE AUTHORITY.

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

SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

    (a) National Counterintelligence Executive.--The National 
Counterintelligence Executive under section 902 of the 
Counterintelligence Enhancement Act of 2002 (title IX of Public Law 
107-306; 50 U.S.C. 402b et seq.), as amended by section 310 of this 
Act, is a component of the Office of the National Intelligence 
Director.
    (b) Duties.--The National Counterintelligence Executive shall 
perform the duties provided in the Counterintelligence Enhancement Act 
of 2002, as so amended, and such other duties as may be prescribed by 
the National Intelligence Director or specified by law.

   Subtitle D--Additional Elements of National Intelligence Authority

SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) Inspector General of National Intelligence Authority.--There is 
an Inspector General of the National Intelligence Authority. The 
Inspector General of the National Intelligence Authority and the Office 
of the Inspector General of the National Intelligence Authority shall 
be subject to the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.).
    (b) Amendments to Inspector General Act of 1978  Relating to 
Inspector General of National Intelligence Authority.--The Inspector 
General Act of 1978 (5 U.S.C. App.) is amended--
            (1) by redesignating section 8J as section 8K; and
            (2) by inserting after section 8I the following new 
        section:

  ``special provisions concerning the national intelligence authority

    ``Sec. 8J. (a)(1) Notwithstanding the last 2 sentences of section 
3(a), the Inspector General of the National Intelligence Authority (in 
this section referred to as the `Inspector General') shall be under the 
authority, direction, and control of the National Intelligence Director 
(in this section referred to as the `Director') with respect to audits 
or investigations, or the issuance of subpoenas, which require access 
to information concerning intelligence or counterintelligence matters 
the disclosure of which would constitute a serious threat to national 
security.
    ``(2) With respect to information described in paragraph (1), the 
Director may prohibit the Inspector General from initiating, carrying 
out, or completing any investigation, inspection, or audit, or from 
issuing any subpoena, if the Director determines that such prohibition 
is necessary to preserve the vital national security interests of the 
United States.
    ``(3) If the Director exercises the authority under paragraph (1) 
or (2), the Director shall submit to the congressional intelligence 
committees an appropriately classified statement of the reasons for the 
exercise of such authority within 7 days.
    ``(4) The Director shall advise the Inspector General at the time a 
report under paragraph (3) is submitted, and, to the extent consistent 
with the protection of intelligence sources and methods, provide the 
Inspector General with a copy of such report.
    ``(5) The Inspector General may submit to the congressional 
intelligence committees any comments on a report of which the Inspector 
General has notice under paragraph (4) that the Inspector General 
considers appropriate.
    ``(b) In addition to the qualifications for the appointment of the 
Inspector General under section 3(a), the Inspector General shall be 
appointed on the basis of prior experience in the field of intelligence 
or national security.
    ``(c)(1)(A) In addition to the duties and responsibilities of the 
Inspector General specified elsewhere in this Act, the Inspector 
General shall, for the purpose stated in subparagraph (B), provide 
policy direction for, and conduct, supervise, and coordinate audits and 
investigations relating to--
            ``(i) the coordination and collaboration among elements of 
        the intelligence community within the National Intelligence 
        Program; and
            ``(ii) the coordination and collaboration between elements 
        of the intelligence community within the National Intelligence 
        Program and other elements of the intelligence community.
    ``(B) The Inspector General shall conduct the activities described 
in subparagraph (A) to ensure that the coordination and collaboration 
referred to in that paragraph is conducted efficiently and in 
accordance with applicable law and regulation.
    ``(C) Before undertaking any investigation, inspection, or audit 
under subparagraph (A), the Inspector General shall consult with any 
other inspector general having responsibilities regarding an element of 
the intelligence community whose activities are involved in the 
investigation, inspection, or audit for the purpose of avoiding 
duplication of effort and ensuring effective coordination and 
cooperation.
    ``(2) In addition to the matters of which the Inspector General is 
required to keep the Director and Congress fully and currently informed 
under section 4(a), the Inspector General shall--
            ``(A) keep the Director and Congress fully and currently 
        informed concerning--
                    ``(i) violations of civil liberties and privacy 
                that may occur in the programs and operations of the 
                National Intelligence Authority; and
                    ``(ii) violations of law and regulations, 
                violations of civil liberties and privacy, and fraud 
                and other serious problems, abuses, and deficiencies 
                that may occur in the coordination and collaboration 
                referred to in clauses (i) and (ii) of paragraph 
                (1)(A); and
            ``(B) report the progress made in implementing corrective 
        action with respect to the matters referred to in subparagraph 
        (A).
    ``(3) To enable the Inspector General to fully and effectively 
carry out the duties and responsibilities specified in this Act, the 
Inspector General and the inspectors general of the other elements of 
the intelligence community shall coordinate their internal audit, 
inspection, and investigative activities to avoid duplication and 
ensure effective coordination and cooperation.
    ``(4) The Inspector General shall take due regard for the 
protection of intelligence sources and methods in the preparation of 
all reports issued by the Inspector General, and, to the extent 
consistent with the purpose and objective of such reports, take such 
measures as may be appropriate to minimize the disclosure of 
intelligence sources and methods described in such reports.
    ``(d)(1) Each semiannual report prepared by the Inspector General 
under section 5(a) shall--
            ``(A) include an assessment of the effectiveness of all 
        measures in place in the National Intelligence Authority for 
        the protection of civil liberties and privacy of United States 
        persons; and
            ``(B) be transmitted by the Director to the congressional 
        intelligence committees.
    ``(2) In addition the duties of the Inspector General and the 
Director under section 5(d)--
            ``(A) the Inspector General shall report immediately to the 
        Director whenever the Inspector General becomes aware of 
        particularly serious or flagrant problems, abuses, or 
        deficiencies relating to--
                    ``(i) the coordination and collaboration among 
                elements of the intelligence community within the 
                National Intelligence Program; and
                    ``(ii) the coordination and collaboration between 
                elements of the intelligence community within the 
                National Intelligence Program and other elements of the 
                intelligence community; and
            ``(B) the Director shall transmit to the congressional 
        intelligence committees each report under subparagraph (A) 
        within 7 calendar days of receipt of such report, together with 
        such comments as the Director considers appropriate.
    ``(3) Any report required to be transmitted by the Director to the 
appropriate committees or subcommittees of Congress under section 5(d) 
shall also be transmitted, within the 7-day period specified in that 
section, to the congressional intelligence committees.
    ``(4) In the event that--
            ``(A) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution of the 
        duties or responsibilities of the Inspector General;
            ``(B) an investigation, inspection, or audit carried out by 
        the Inspector General should focus on any current or former 
        National Intelligence Authority official who holds or held a 
        position in the Authority that is subject to appointment by the 
        President, by and with the advice and consent of the Senate, 
        including such a position held on an acting basis;
            ``(C) a matter requires a report by the Inspector General 
        to the Department of Justice on possible criminal conduct by a 
        current or former official described in subparagraph (B);
            ``(D) the Inspector General receives notice from the 
        Department of Justice declining or approving prosecution of 
        possible criminal conduct of any current or former official 
        described in subparagraph (B); or
            ``(E) the Inspector General, after exhausting all possible 
        alternatives, is unable to obtain significant documentary 
        information in the course of an investigation, inspection, or 
        audit,
the Inspector General shall immediately notify and submit a report on 
such matter to the congressional intelligence committees.
    ``(5) Pursuant to title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), the Director shall submit to the congressional 
intelligence committees any report or findings and recommendations of 
an investigation, inspection, or audit conducted by the office which 
has been requested by the Chairman or Ranking Minority Member of either 
committee.
    ``(e)(1) In addition to the other authorities of the Inspector 
General under this Act, the Inspector General shall have access to any 
personnel of the National Intelligence Authority, or any employee of a 
contractor of the Authority, whose testimony is needed for the 
performance of the duties of the Inspector General. Whenever such 
access is, in the judgment of the Inspector General, unreasonably 
refused or not provided, the Inspector General shall report the 
circumstances to the Director without delay.
    ``(2) Failure on the part of any employee or contractor of the 
National Intelligence Authority to cooperate with the Inspector General 
shall be grounds for appropriate administrative actions by the 
Director, including loss of employment or termination of an existing 
contractual relationship.
    ``(3) Whenever, in the judgment of the Director, an element of the 
intelligence community that is part of the National Intelligence 
Program has unreasonably refused or not provided information or 
assistance requested by the Inspector General under paragraph (1) or 
(3) of section 6(a), the Director shall so inform the head of the 
element, who shall promptly provide such information or assistance to 
the Inspector General.
    ``(4) The level of classification or compartmentalization of 
information shall not, in and of itself, provide a sufficient rationale 
for denying the Inspector General access to any materials under section 
6(a).
    ``(f) In addition to the authorities and requirements in section 7 
regarding the receipt of complaints by the Inspector General--
            ``(1) the Inspector General is authorized to receive and 
        investigate complaints or information from any person 
        concerning the existence of an activity constituting a 
        violation of laws, rules, or regulations, or mismanagement, 
        gross waste of funds, abuse of authority, or a substantial and 
        specific danger to the public health and safety; and
            ``(2) once such complaint or information has been received 
        from an employee of the Federal Government--
                    ``(A) the Inspector General shall not disclose the 
                identity of the employee without the consent of the 
                employee, unless the Inspector General determines that 
                such disclosure is unavoidable during the course of the 
                investigation or the disclosure is made to an official 
                of the Department of Justice responsible for 
                determining whether a prosecution should be undertaken; 
                and
                    ``(B) no action constituting a reprisal, or threat 
                of reprisal, for making such complaint may be taken by 
                any employee in a position to take such actions, unless 
                the complaint was made or the information was disclosed 
                with the knowledge that it was false or with willful 
                disregard for its truth or falsity.
    ``(g) In this section, the terms `congressional intelligence 
committees', `intelligence community', and `National Intelligence 
Program' have the meanings given such terms in section 2 of the 
National Intelligence Reform Act of 2004.''.
    (c) Technical and Conforming Amendments to Inspector General Act of 
1978.--(1)(A) Section 8H(a)(1) of the Inspector General Act of 1978 (5 
U.S.C. App.) is further amended--
            (i) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (ii) by inserting after subparagraph (B) the following new 
        subparagraph (C):
    ``(C) An employee of the National Intelligence Authority, of an 
entity other than the Authority who is assigned or detailed to the 
Authority, or of a contractor of the Authority who intends to report to 
Congress a complaint or information with respect to an urgent concern 
may report the complaint or information to the Inspector General of the 
National Intelligence Authority.''.
    (B) In support of this paragraph, Congress makes the findings set 
forth in paragraphs (1) through (6) of section 701(b) of the 
Intelligence Community Whistleblower Protection Act of 1998 (title VII 
of Public Law 105-272; 5 U.S.C. App. 8H note).
    (2) The Inspector General Act of 1978 is further amended--
            (A) in section 8K, as redesignated by subsection (b)(1) of 
        this section, by striking ``8F or 8H'' and inserting ``8F, 8H, 
        8I, or 8J''; and
            (B) in section 11--
                    (i) in paragraph (1), by inserting ``the National 
                Intelligence Director;'' after ``the Attorney 
                General;''; and
                    (ii) in paragraph (2), by inserting ``the National 
                Intelligence Authority,'' after ``the National 
                Aeronautics and Space Administration,''.
    (d) Separate Budget Account.--The National Intelligence Director 
shall, in accordance with procedures to be issued by the Director in 
consultation with congressional intelligence committees, include in the 
National Intelligence Program budget a separate account for the Office 
of Inspector General of the National Intelligence Authority.
    (e) Sense of Congress on Adoption of Standards of Review.--It is 
the sense of Congress that the Inspector General of the National 
Intelligence Authority, in consultation with other Inspectors General 
of the intelligence community and the President's Council on Integrity 
and Efficiency, should adopt standards for review and related precedent 
that are generally used by the intelligence community for reviewing 
whistleblower reprisal complaints made under sections 7 and 8J(f) of 
the Inspector General Act of 1978.

SEC. 142. OMBUDSMAN OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) Ombudsman of National Intelligence Authority.--There is within 
the National Intelligence Authority an Ombudsman of the National 
Intelligence Authority who shall be appointed by the National 
Intelligence Director.
    (b) Duties.--The Ombudsman of the National Intelligence Authority 
shall--
            (1) counsel, arbitrate, or offer recommendations on, and 
        have the authority to initiate inquiries into, real or 
        perceived problems of politicization, biased reporting, or lack 
        of objective analysis within the National Intelligence 
        Authority, or any element of the intelligence community within 
        the National Intelligence Program, or regarding any analysis of 
        national intelligence by any element of the intelligence 
        community;
            (2) monitor the effectiveness of measures taken to deal 
        with real or perceived politicization, biased reporting, or 
        lack of objective analysis within the Authority, or any element 
        of the intelligence community within the National Intelligence 
        Program, or regarding any analysis of national intelligence by 
        any element of the intelligence community; and
            (3) conduct regular and detailed reviews of the analytic 
        product or products of the Authority, or any element of the 
        intelligence community within the National Intelligence 
        Program, or of any analysis of national intelligence by any 
        element of the intelligence community, with such reviews to be 
        conducted so as to ensure that analysis is timely, objective, 
        independent of political considerations, based upon all sources 
        available to the intelligence community, and performed in a 
        manner consistent with sound analytic methods and tradecraft, 
        including reviews for purposes of determining whether or not--
                    (A) such product or products state separately, and 
                distinguish between, the intelligence underlying such 
                product or products and the assumptions and judgments 
                of analysts with respect to the intelligence and such 
                product or products;
                    (B) such product or products describe the quality 
                and reliability of the intelligence underlying such 
                product or products;
                    (C) such product or products present and explain 
                alternative conclusions, if any, with respect to the 
                intelligence underlying such product or products;
                    (D) such product or products characterizes the 
                uncertainties, if any, and the confidence in such 
                product or products; and
                    (E) the analyst or analysts responsible for such 
                product or products had appropriate access to 
                intelligence information from all sources, regardless 
                of the source of the information, the method of 
                collection of the information, the elements of the 
                intelligence community that collected the information, 
                or the location of such collection.
    (c) Analytic Review Unit.--(1) There is within the Office of the 
Ombudsman of the National Intelligence Authority an Analytic Review 
Unit.
    (2) The Analytic Review Unit shall assist the Ombudsman of the 
National Intelligence Authority in performing the duties and 
responsibilities of the Ombudsman set forth in subsection (b)(3).
    (3) The Ombudsman shall provide the Analytic Review Unit a staff 
who possess expertise in intelligence analysis that is appropriate for 
the function of the Unit.
    (4) In assisting the Ombudsman, the Analytic Review Unit shall, 
subject to the direction and control of the Ombudsman, conduct detailed 
evaluations of intelligence analysis by the following:
            (A) The National Intelligence Council.
            (B) The elements of the intelligence community within the 
        National Intelligence Program.
            (C) To the extent involving the analysis of national 
        intelligence, other elements of the intelligence community.
            (D) The divisions, offices, programs, officers, and 
        employees of the elements specified in subparagraphs (B) and 
        (C).
    (5)(A) The results of the evaluations under paragraph (4) shall be 
provided to the congressional intelligence committees and to 
appropriate heads of other departments, agencies, and elements of the 
executive branch.
    (B) The results of the evaluations under paragraph (4) shall also 
be distributed as appropriate throughout the intelligence community as 
a method for training intelligence community analysts and promoting the 
development of sound analytic methods and tradecraft. To ensure the 
widest possible distribution of the evaluations, the Analytic Review 
Unit shall, when appropriate, produce evaluations at multiple 
classification levels.
    (6) Upon completion of the evaluations under paragraph (4), the 
Analytic Review Unit may make such recommendations to the National 
Intelligence Director and to appropriate heads of the elements of the 
intelligence community for awards, commendations, additional training, 
or disciplinary or other actions concerning personnel as the Analytic 
Review Unit considers appropriate in light of such evaluations. Any 
recommendation of the Analytic Review Unit under this paragraph shall 
not be considered binding on the official receiving such 
recommendation.
    (d) Access to Information and Personnel.--(1) In order to carry out 
the duties specified in subsection (c), the Ombudsman of the National 
Intelligence Authority, the Analytic Review Unit, and other staff of 
the Office of the Ombudsman of the National Intelligence Authority 
shall, unless otherwise directed by the President, have access to all 
analytic products, operational and field reports, and raw intelligence 
of any element of the intelligence community, and to any reports or 
other material of an Inspector General, that might be pertinent to a 
matter under consideration by the Ombudsman.
    (2) The Ombudsman, the Analytic Review Unit, and other staff of the 
Office shall have access to any employee, or any employee of a 
contractor, of the intelligence community whose testimony is needed for 
the performance of the duties of the Ombudsman.
    (e) Annual Reports.--The Ombudsman of the National Intelligence 
Authority shall submit to the National Intelligence Director and the 
congressional intelligence committees on an annual basis a report that 
includes--
            (1) the assessment of the Ombudsman of the current level of 
        politicization, biased reporting, or lack of objective analysis 
        within the National Intelligence Authority, or any element of 
        the intelligence community within the National Intelligence 
        Program, or regarding any analysis of national intelligence by 
        any element of the intelligence community;
            (2) such recommendations for remedial measures as the 
        Ombudsman considers appropriate; and
            (3) an assessment of the effectiveness of remedial measures 
        previously taken within the intelligence community on matters 
        addressed by the Ombudsman.
    (f) Referral of Certain Matters for Investigation.--In addition to 
carrying out activities under this section, the Ombudsman of the 
National Intelligence Authority may refer serious cases of misconduct 
related to politicization of intelligence information, biased 
reporting, or lack of objective analysis within the intelligence 
community to the Inspector General of the National Intelligence 
Authority for investigation.

SEC. 143. NATIONAL COUNTERTERRORISM CENTER.

    (a) National Counterterrorism Center.--There is within the National 
Intelligence Authority a National Counterterrorism Center.
    (b) Director of National Counterterrorism Center.--(1) There is a 
Director of the National Counterterrorism Center, who shall be the head 
of the National Counterterrorism Center, and who shall be appointed by 
the President, by and with the advice and consent of the Senate.
    (2) Any individual nominated for appointment as the Director of the 
National Counterterrorism Center shall have significant expertise in 
matters relating to the national security of the United States and 
matters relating to terrorism that threatens the national security of 
the United States.
    (3) The individual serving as the Director of the National 
Counterterrorism Center may not, while so serving, serve in any 
capacity in any other element of the intelligence community, except to 
the extent that the individual serving as Director of the National 
Counterterrorism Center is doing so in an acting capacity.
    (c) Supervision.--(1) The Director of the National Counterterrorism 
Center shall report to the National Intelligence Director on--
            (A) the budget and programs of the National 
        Counterterrorism Center; and
            (B) the activities of the Directorate of Intelligence of 
        the National Counterterrorism Center under subsection (g).
    (2) The Director of the National Counterterrorism Center shall 
report to the President and the National Intelligence Director on the 
planning and progress of joint counterterrorism operations.
    (d) Primary Missions.--The primary missions of the National 
Counterterrorism Center shall be as follows:
            (1) To develop and unify strategy for the civilian and 
        military counterterrorism efforts of the United States 
        Government.
            (2) To integrate counterterrorism intelligence activities 
        of the United States Government, both inside and outside the 
        United States.
            (3) To develop interagency counterterrorism plans, which 
        plans shall--
                    (A) involve more than one department, agency, or 
                element of the executive branch (unless otherwise 
                directed by the President); and
                    (B) include the mission, objectives to be achieved, 
                courses of action, parameters for such courses of 
                action, coordination of agency operational activities, 
                recommendations for operational plans, and assignment 
                of departmental or agency responsibilities.
            (4) To ensure that the collection of counterterrorism 
        intelligence, and the conduct of counterterrorism operations, 
        by the United States Government are informed by the analysis of 
        all-source intelligence.
    (e) Duties and Responsibilities of Director of National 
Counterterrorism Center.--Notwithstanding any other provision of law, 
at the direction of the President, the National Security Council, and 
the National Intelligence Director, the Director of the National 
Counterterrorism Center shall--
            (1) serve as the principal adviser to the President and the 
        National Intelligence Director on interagency counterterrorism 
        planning and activities;
            (2) provide unified strategic direction for the civilian 
        and military counterterrorism efforts of the United States 
        Government and for the effective integration and deconfliction 
        of counterterrorism intelligence and operations across agency 
        boundaries, both inside and outside the United States;
            (3) advise the President and the National Intelligence 
        Director on the extent to which the counterterrorism program 
        recommendations and budget proposals of the departments, 
        agencies, and elements of the United States Government conform 
        to the priorities established by the President and the National 
        Security Council;
            (4) in accordance with subsection (f), concur in, or advise 
        the President on, the selections of personnel to head the 
        operating entities of the United States Government with 
        principal missions relating to counterterrorism; and
            (5) perform such other duties as the National Intelligence 
        Director may prescribe or are prescribed by law.
    (f) Role of Director of National Counterterrorism Center in Certain 
Appointments.--(1) In the event of a vacancy in a position referred to 
in paragraph (2), the head of the department or agency having 
jurisdiction over the position shall obtain the concurrence of the 
Director of the National Counterterrorism Center before appointing an 
individual to fill the vacancy or recommending to the President an 
individual for nomination to fill the vacancy. If the Director does not 
concur in the recommendation, the head of the department or agency 
concerned may fill the vacancy or make the recommendation to the 
President (as the case may be) without the concurrence of the Director, 
but shall notify the President that the Director does not concur in the 
appointment or recommendation (as the case may be).
    (2) Paragraph (1) applies to the following positions:
            (A) The Director of the Central Intelligence Agency's 
        Counterterrorist Center.
            (B) The Assistant Director of the Federal Bureau of 
        Investigation in charge of the Counterterrorism Division.
            (C) The Coordinator for Counterterrorism of the Department 
        of State.
            (D) The head of such other operating entities of the United 
        States Government having principal missions relating to 
        counterterrorism as the President may designate for purposes of 
        this subsection.
    (3) The President shall notify Congress of the designation of an 
operating entity of the United States Government under paragraph (2)(D) 
not later than 30 days after the date of such designation.
    (g) Directorate of Intelligence.--(1) The Director of the National 
Counterterrorism Center shall establish and maintain within the 
National Counterterrorism Center a Directorate of Intelligence.
    (2) The Directorate shall utilize the capabilities of the Terrorist 
Threat Integration Center (TTIC) transferred to the Directorate by 
section 323 and such other capabilities as the Director of the National 
Counterterrorism Center considers appropriate.
    (3) The Directorate shall have primary responsibility within the 
United States Government for analysis of terrorism and terrorist 
organizations from all sources of intelligence, whether collected 
inside or outside the United States.
    (4) The Directorate shall--
            (A) be the principal repository within the United States 
        Government for all-source information on suspected terrorists, 
        their organizations, and their capabilities;
            (B) propose intelligence collection and analytic 
        requirements for action by elements of the intelligence 
        community inside and outside the United States;
            (C) have primary responsibility within the United States 
        Government for net assessments and warnings about terrorist 
        threats, which assessments and warnings shall be based on a 
        comparison of terrorist intentions and capabilities with 
        assessed national vulnerabilities and countermeasures;
            (D) conduct, or recommend to the National Intelligence 
        Director to direct an element or elements of the intelligence 
        community to conduct, competitive analyses of intelligence 
        products relating to suspected terrorists, their organizations, 
        and their capabilities, plans, and intentions, particularly 
        products having national importance;
            (E) implement policies and procedures to encourage 
        coordination by all elements of the intelligence community that 
        conduct analysis of intelligence regarding terrorism of all 
        Directorate products of national importance and, as 
        appropriate, other products, before their final dissemination; 
        and
            (F) perform such other duties and functions as the Director 
        of the National Counterterrorism Center may prescribe.
    (h) Directorate of Planning.--(1) The Director of the National 
Counterterrorism Center shall establish and maintain within the 
National Counterterrorism Center a Directorate of Planning.
    (2) The Directorate shall have primary responsibility for 
developing interagency counterterrorism plans, as described in 
subsection (d)(3).
    (3) The Directorate shall--
            (A) provide guidance, and develop strategy and interagency 
        plans, to counter terrorist activities based on policy 
        objectives and priorities established by the National Security 
        Council;
            (B) develop interagency plans under subparagraph (A) 
        utilizing input from personnel in other departments, agencies, 
        and elements of the United States Government who have expertise 
        in the priorities, functions, assets, programs, capabilities, 
        and operations of such departments, agencies, and elements with 
        respect to counterterrorism;
            (C) assign responsibilities for counterterrorism operations 
        to the departments and agencies of the United States Government 
        (including the Department of Defense, the Central Intelligence 
        Agency, the Federal Bureau of Investigation, the Department of 
        Homeland Security, and other departments and agencies of the 
        United States Government), consistent with the authorities of 
        such departments and agencies;
            (D) monitor the implementation of operations assigned under 
        subparagraph (C) and update interagency plans for such 
        operations as necessary;
            (E) report to the President and the National Intelligence 
        Director on the compliance of the departments, agencies, and 
        elements of the United States with the plans developed under 
        subparagraph (A); and
            (F) perform such other duties and functions as the Director 
        of the National Counterterrorism Center may prescribe.
    (4) The Directorate may not direct the execution of operations 
assigned under paragraph (3).
    (i) Staff.--(1) The National Intelligence Director may appoint 
deputy directors of the National Counterterrorism Center to oversee 
such portions of the operations of the Center as the National 
Intelligence Director considers appropriate.
    (2) To assist the Director of the National Counterterrorism Center 
in fulfilling the duties and responsibilities of the Director of the 
National Counterterrorism Center under this section, the National 
Intelligence Director shall employ in the National Counterterrorism 
Center a professional staff having an expertise in matters relating to 
such duties and responsibilities.
    (3) In providing for a professional staff for the National 
Counterterrorism Center under paragraph (2), the National Intelligence 
Director may establish as positions in the excepted service such 
positions in the Center as the National Intelligence Director considers 
appropriate.
    (4) The National Intelligence Director shall ensure that the 
analytical staff of the National Counterterrorism Center is comprised 
primarily of experts from elements in the intelligence community and 
from such other personnel in the United States Government as the 
National Intelligence Director considers appropriate.
    (5)(A) In order to meet the requirements in paragraph (4), the 
National Intelligence Director shall, from time to time--
            (i) specify the transfers, assignments, and details of 
        personnel funded within the National Intelligence Program to 
        the National Counterterrorism Center from any other element of 
        the intelligence community that the National Intelligence 
        Director considers appropriate; and
            (ii) in the case of personnel from a department, agency, or 
        element of the United States Government and not funded within 
        the National Intelligence Program, request the transfer, 
        assignment, or detail of such personnel from the department, 
        agency, or other element concerned.
    (B)(i) The head of an element of the intelligence community shall 
promptly effect any transfer, assignment, or detail of personnel 
specified by the National Intelligence Director under subparagraph 
(A)(i).
    (ii) The head of a department, agency, or element of the United 
States Government receiving a request for transfer, assignment, or 
detail of personnel under subparagraph (A)(ii) shall, to the extent 
practicable, approve the request.
    (C) Employees of Federally Funded Research and Development Centers 
(as that term is defined in part 2 of the Federal Acquisition 
Regulation), including employees of the Department of Energy national 
laboratories who are associated with field intelligence elements of the 
Department of Energy, shall be eligible to serve under contract or 
other mechanism with the National Counterterrorism Center under this 
paragraph.
    (6) Personnel employed in or assigned or detailed to the National 
Counterterrorism Center under this subsection shall be under the 
authority, direction, and control of the Director of the National 
Counterterrorism Center on all matters for which the Center has been 
assigned responsibility and for all matters related to the 
accomplishment of the missions of the Center.
    (7) Performance evaluations of personnel assigned or detailed to 
the National Counterterrorism Center under this subsection shall be 
undertaken by the supervisors of such personnel at the Center.
    (8) The supervisors of the staff of the National Counterterrorism 
Center may, with the approval of the National Intelligence Director, 
reward the staff of the Center for meritorious performance by the 
provision of such performance awards as the National Intelligence 
Director shall prescribe.
    (9) The National Intelligence Director may delegate to the Director 
of the National Counterterrorism Center any responsibility, power, or 
authority of the National Intelligence Director under paragraphs (1) 
through (8).
    (10) The National Intelligence Director shall ensure that the staff 
of the National Counterterrorism Center has access to all databases 
maintained by the elements of the intelligence community that are 
relevant to the duties of the Center.
    (j) Support and Cooperation of Other Agencies.--(1) The elements of 
the intelligence community and the other departments, agencies, and 
elements of the United States Government shall support, assist, and 
cooperate with the National Counterterrorism Center in carrying out its 
missions under this section.
    (2) The support, assistance, and cooperation of a department, 
agency, or element of the United States Government under this 
subsection shall include, but not be limited to--
            (A) the implementation of interagency plans for operations, 
        whether foreign or domestic, that are developed by the National 
        Counterterrorism Center in a manner consistent with the laws 
        and regulations of the United States and consistent with the 
        limitation in subsection (h)(4);
            (B) cooperative work with the Director of the National 
        Counterterrorism Center to ensure that ongoing operations of 
        such department, agency, or element do not conflict with joint 
        operations planned by the Center;
            (C) reports, upon request, to the Director of the National 
        Counterterrorism Center on the progress of such department, 
        agency, or element in implementing responsibilities assigned to 
        such department, agency, or element through joint operations 
        plans; and
            (D) the provision to the analysts of the National 
        Counterterrorism Center of electronic access in real time to 
        information and intelligence collected by such department, 
        agency, or element that is relevant to the missions of the 
        Center.
    (3) In the event of a disagreement between the National 
Intelligence Director and the head of a department, agency, or element 
of the United States Government on a plan developed or responsibility 
assigned by the National Counterterrorism Center under this subsection, 
the National Intelligence Director may either accede to the head of the 
department, agency, or element concerned or notify the President of the 
necessity of resolving the disagreement.

SEC. 144. NATIONAL COUNTERPROLIFERATION CENTER.

    (a) National Counterproliferation Center.--(1) Within one year of 
enactment of this Act there shall be established within the National 
Intelligence Authority a National Counterproliferation Center.
    (2) The purpose of the Center is to develop, direct, and coordinate 
the efforts and activities of the United States Government to interdict 
the trafficking of weapons of mass destruction, related materials and 
technologies, and their delivery systems to terrorists, terrorist 
organizations, other non-state actors of concern, and state actors of 
concern.
    (b) Director of National Counterproliferation Center.--(1) There is 
a Director of the National Counterproliferation Center, who shall be 
the head of the National Counterproliferation Center, and who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (2) Any individual nominated for appointment as the Director of the 
National Counterproliferation Center shall have significant expertise 
in matters relating to the national security of the United States and 
matters relating to the proliferation of weapons of mass destruction, 
their delivery systems, and related materials and technologies that 
threaten the national security of the United States, its interests, and 
allies.
    (3) The individual serving as the Director of the National 
Counterproliferation Center may not, while so serving, serve in any 
capacity in any other element of the intelligence community, except to 
the extent that the individual serving as Director of the National 
Counterproliferation Center is doing so in an acting capacity.
    (c) Supervision.--(1) The Director of the National 
Counterproliferation Center shall report to the National Intelligence 
Director on the budget, personnel, activities, and programs of the 
National Counterproliferation Center.
    (2) The Director of the National Counterproliferation Center shall 
report to the National Intelligence Director on the activities of the 
Directorate of Intelligence of the National Counterproliferation Center 
under subsection (f).
    (3) The Director of the National Counterproliferation Center shall 
report to the President and the National Intelligence Director on the 
planning and progress of counterproliferation operations.
    (d) Primary Missions.--The primary missions of the National 
Counterproliferation Center shall be as follows:
            (1) To develop and unify strategy for the 
        counterproliferation efforts of the United States Government.
            (2) To make recommendations to the National Intelligence 
        Director with regard to the collection and analysis 
        requirements and priorities of the National 
        Counterproliferation Center.
            (3) To integrate counterproliferation intelligence 
        activities of the United States Government, both inside and 
        outside the United States, and with other governments.
            (4) To conduct strategic planning and develop recommended 
        courses of action for multilateral and United States Government 
        counterproliferation activities which--
                    (A) involve more than one department, agency, or 
                element of the executive branch (unless otherwise 
                directed by the President) of the United States 
                Government; and
                    (B) include the mission, objectives to be achieved, 
                courses of action, parameters for such courses of 
                action, coordination of agency operational activities, 
                recommendations for operational activities, and 
                assignment of national, departmental, or agency 
                responsibilities.
            (5) To ensure that the collection, analysis, and 
        utilization of counterproliferation intelligence, and the 
        conduct of counterproliferation operations, by the United 
        States Government are informed by the analysis of all-source 
        intelligence.
    (e) Duties and Responsibilities of Director of National 
Counterproliferation Center.--Notwithstanding any other provision of 
law, at the direction of the President and the National Intelligence 
Director, the Director of the National Counterproliferation Center 
shall--
            (1) serve as a principal adviser to the President and the 
        National Intelligence Director on operations relating to 
        interagency counterproliferation planning and activities;
            (2) provide unified strategic direction for the 
        counterproliferation efforts of the United States Government 
        and for the effective integration and deconfliction of 
        counterproliferation intelligence and operations across agency 
        boundaries, both inside and outside the United States, and with 
        foreign governments;
            (3) advise the President and the National Intelligence 
        Director on the extent to which the counterproliferation 
        program recommendations and budget proposals of the 
        departments, agencies, and elements of the United States 
        Government conform to the policies and priorities established 
        by the President and the National Security Council;
            (4) advise the President on the selections of personnel to 
        head the nonmilitary operating entities of the United States 
        Government with principal missions relating to 
        counterproliferation;
            (5) advise the President and the National Intelligence 
        Director on the science and technology research and development 
        requirements and priorities of the counterproliferation 
        programs and activities of the United States Government; and
            (6) perform such other duties as the National Intelligence 
        Director may prescribe or are prescribed by law;
    (f) Directorate of Intelligence.--(1) The Director of the National 
Counterproliferation Center shall establish and maintain within the 
National Counterproliferation Center a Directorate of Intelligence.
    (2) The Directorate shall have primary responsibility within the 
United States Government for the analysis of information regarding 
proliferators (including individuals, entities, organizations, 
companies, and states) and their networks, from all sources of 
intelligence, whether collected inside or outside the United States.
    (3) The Directorate shall--
            (A) be the principal repository within the United States 
        Government for all-source information on suspected 
        proliferators, their networks, their activities, and their 
        capabilities;
            (B) propose intelligence collection and analysis 
        requirements and priorities for action by elements of the 
        intelligence community inside and outside the United States;
            (C) have primary responsibility within the United States 
        Government for net assessments and warnings about weapons of 
        mass destruction proliferation threats, which assessments and 
        warnings shall be based on a comparison of the intentions and 
        capabilities of proliferators with assessed national 
        vulnerabilities and countermeasures;
            (D) conduct through a separate office independent analyses 
        (commonly referred to as ``red teaming'') of intelligence 
        collected and analyzed with respect to proliferation; and
            (E) perform such other duties and functions as the Director 
        of the National Counterproliferation Center may prescribe.
    (g) Directorate of Planning.--(1) The Director of the National 
Counterproliferation Center shall establish and maintain within the 
National Counterproliferation Center a Directorate of Planning.
    (2) The Directorate shall have primary responsibility for 
conducting strategic planning and developing courses of action for 
counterproliferation activities, as described in subsection (d)(4).
    (3) The Directorate shall--
            (A) provide guidance, and develop strategy and interagency 
        plans, to counter proliferation activities based on policy 
        objectives and priorities established by the National Security 
        Council;
            (B) develop plans under subparagraph (A) utilizing input 
        from personnel in other departments, agencies, and elements of 
        the United States Government who have expertise in the 
        priorities, functions, assets, programs, capabilities, and 
        operations of such departments, agencies, and elements with 
        respect to counterproliferation;
            (C) assign responsibilities and propose courses of action 
        for counterproliferation operations to the departments and 
        agencies of the United States Government (including the 
        Department of Defense, the Department of State, the Central 
        Intelligence Agency, the Federal Bureau of Investigation, the 
        Department of Homeland Security, and other departments and 
        agencies of the United States Government), consistent with the 
        authorities of such departments and agencies;
            (D) monitor the implementation of operations assigned under 
        subparagraph (C) and update interagency plans for such 
        operations as necessary;
            (E) report to the President and the National Intelligence 
        Director on the performance of the departments, agencies, and 
        elements of the United States with regard to the plans 
        developed under subparagraph (A); and
            (F) perform such other duties and functions as the Director 
        of the National Counterproliferation Center may prescribe.
    (4) The Directorate may not direct the execution of operations 
assigned under paragraph (3).
    (h) Staff.--(1) The National Intelligence Director may appoint 
deputy directors of the National Counterproliferation Center to oversee 
such portions of the operations of the Center as the National 
Intelligence Director considers appropriate.
    (2) To assist the Director of the National Counterproliferation 
Center in fulfilling the duties and responsibilities of the Director of 
the National Counterproliferation Center under this section, the 
National Intelligence Director shall employ in the National 
Counterproliferation Center a professional staff having an expertise in 
matters relating to such duties and responsibilities.
    (3) In providing for a professional staff for the National 
Counterproliferation Center under paragraph (2), the National 
Intelligence Director may establish as positions in the excepted 
service such positions in the Center as the National Intelligence 
Director considers appropriate.
    (4) The National Intelligence Director shall ensure that the 
analytical staff of the National Counterproliferation Center is 
comprised primarily of experts from elements in the intelligence 
community and from such other personnel in the United States Government 
as the National Intelligence Director considers appropriate.
    (5)(A) In order to meet the requirements in paragraph (4), the 
National Intelligence Director shall, from time to time--
            (i) specify the transfers, assignments, and details of 
        personnel funded within the National Intelligence Program to 
        the National Counterproliferation Center from any element of 
        the intelligence community that the National Intelligence 
        Director considers appropriate; and
            (ii) in the case of personnel from a department, agency, or 
        element of the United States Government and not funded within 
        the National Intelligence Program, request the transfer, 
        assignment, or detail of such personnel from the department, 
        agency, or other element concerned.
    (B)(i) The head of an element of the intelligence community shall 
promptly effect any transfer, assignment, or detail of personnel 
specified by the National Intelligence Director under subparagraph 
(A)(i).
    (ii) The head of a department, agency, or element of the United 
States Government receiving a request for transfer, assignment, or 
detail of personnel under subparagraph (A)(ii) shall, to the extent 
practicable, approve the request.
    (6) Personnel employed in or assigned or detailed to the National 
Counterproliferation Center under this subsection shall be under the 
authority, direction, and control of the Director of the National 
Counterproliferation Center on all matters for which the Center has 
been assigned responsibility and for all matters related to the 
accomplishment of the missions of the Center.
    (7) Performance evaluations of personnel assigned or detailed to 
the National Counterproliferation Center under this subsection shall be 
undertaken by the supervisors of such personnel at the Center.
    (8) The supervisors of the staff of the National 
Counterproliferation Center may, with the approval of the National 
Intelligence Director, reward the staff of the Center for meritorious 
performance by the provision of such performance awards as the National 
Intelligence Director shall prescribe.
    (9) The National Intelligence Director may delegate to the Director 
of the National Counterproliferation Center any responsibility, power, 
or authority of the National Intelligence Director under paragraphs (1) 
through (8).
    (10) The National Intelligence Director shall ensure that the staff 
of the National Counterproliferation Center has access to all databases 
and information maintained by the elements of the intelligence 
community that are relevant to the duties of the Center.
    (i) Support and Cooperation of Other Agencies.--(1) The elements of 
the intelligence community and the other departments, agencies, and 
elements of the United States Government shall support, assist, and 
cooperate with the National Counterproliferation Center in carrying out 
its missions under this section.
    (2) The support, assistance, and cooperation of a department, 
agency, or element of the United States Government under this 
subsection shall include, but not be limited to--
            (A) the implementation of interagency plans for operations, 
        whether foreign or domestic, that are developed by the National 
        Counterproliferation Center in a manner consistent with the 
        laws and regulations of the United States and consistent with 
        the limitation in subsection (g)(4);
            (B) cooperative work with the Director of the National 
        Counterproliferation Center to ensure that ongoing operations 
        of such department, agency, or element do not conflict with 
        operations planned by the Center;
            (C) reports, upon request, to the Director of the National 
        Counterproliferation Center on the performance of such 
        department, agency, or element in implementing responsibilities 
        assigned to such department, agency, or element through joint 
        operations plans; and
            (D) the provision to the analysts of the National 
        Counterproliferation Center electronic access in real time to 
        information and intelligence collected by such department, 
        agency, or element that is relevant to the missions of the 
        Center.
    (3) In the event of a disagreement between the National 
Intelligence Director and the head of a department, agency, or element 
of the United States Government on a plan developed or responsibility 
assigned by the National Counterproliferation Center under this 
subsection, the National Intelligence Director may either accede to the 
head of the department, agency, or element concerned or notify the 
President of the necessity of resolving the disagreement.
    (j) Definitions.--In this section:
            (1) The term ``counterproliferation'' means--
                    (A) activities, programs and measures for 
                interdicting (including deterring, preventing, halting, 
                and rolling back) the transfer or transport (whether by 
                air, land or sea) of weapons of mass destruction, their 
                delivery systems, and related materials and 
                technologies to and from states and non-state actors 
                (especially terrorists and terrorist organizations) of 
                proliferation concern;
                    (B) enhanced law enforcement activities and 
                cooperation to deter, prevent, halt, and rollback 
                proliferation-related networks, activities, 
                organizations, and individuals, and bring those 
                involved to justice; and
                    (C) activities, programs, and measures for 
                identifying, collecting, and analyzing information and 
                intelligence related to the transfer or transport of 
                weapons, systems, materials, and technologies as 
                described in subparagraph (A).
            (2) ``Counterproliferation'' does not include--
                    (A) the Cooperative Threat reduction and other 
                threat reduction programs run or administered by the 
                Department of Defense, Department of Energy and 
                Department of State;
                    (B) the nonproliferation efforts and activities of 
                the United States government as they apply to the 
                implementation and management of nonproliferation 
                treaties, conventions, and regimes, or;
                    (C) programs designed to protect members of the 
                Armed Forces from the employment of weapons of mass 
                destruction by developing and fielding protective 
                equipment, gear and clothing, and other means to 
                enhance the survivability of Armed Forces personnel on 
                the battlefield.
            (3) The term ``states and non-state actors of proliferation 
        concern'' refers to countries or entities (including 
        individuals, entities, organizations, companies, and networks) 
        that should be subject to counterproliferation activities 
        because of their actions or intent to engage in proliferation 
        through--
                    (A) efforts to develop or acquire chemical, 
                biological, or nuclear weapons and associated delivery 
                systems; or
                    (B) transfers (either selling, receiving, or 
                facilitating) of weapons of mass destruction, their 
                delivery systems, or related materials.
    (k) Reports on Establishment.--(1)(A) The President shall submit to 
Congress a report on the plans of the President to establish the 
National Counterproliferation Center as required by this section.
    (B) The report shall be submitted not later than six months after 
the date of the enactment of this Act, and not later than 30 days 
before the date of the establishment of the National 
Counterproliferation Center.
    (2) The President shall submit to Congress from time to time such 
updates of the plans under paragraph (1) (a) as the President considers 
appropriate. Each update shall include such recommendations for 
legislative or administrative action as the President considers 
appropriate to improve the effectiveness of the National 
Counterproliferation Center consistent with its mission.
    (l) Construction With Certain Conditions.-- Nothing in this section 
shall override recommendations contained in the forthcoming final 
report of the President's Commission on Weapons of Mass Destruction, 
established by Executive Order in February 2004, that will improve the 
effectiveness of the National Counterproliferation Center: Provided, 
That in the case of a conflict between the Weapons of Mass Destruction 
Commission's final report and the National Counterproliferation Center 
as established in this section, the Congress and the President shall 
consider the Commission's recommendations and act as soon as 
practicable thereafter to make such modifications to statute as deemed 
necessary.

SEC. 145. NATIONAL INTELLIGENCE CENTERS.

    (a) National Intelligence Centers.--(1) The National Intelligence 
Director may establish within the National Intelligence Authority one 
or more centers (to be known as ``national intelligence centers'') to 
address intelligence priorities established by the National Security 
Council.
    (2) Each national intelligence center established under this 
section shall be assigned an area of intelligence responsibility, 
whether expressed in terms of geographic region, in terms of function, 
or in other terms.
    (3) There may be established under this subsection one or more 
national intelligence centers having intelligence responsibility for 
the following:
            (A) The nuclear terrorism threats confronting the United 
        States.
            (B) The chemical terrorism threats confronting the United 
        States.
            (C) The biological terrorism threats confronting the United 
        States.
    (4) National intelligence centers shall be established at the 
direction of the President, as prescribed by law, or upon the 
initiative of the National Intelligence Director.
    (b) Establishment of Centers.--(1) In establishing a national 
intelligence center, the National Intelligence Director shall assign 
lead responsibility for administrative support for such center to an 
element of the intelligence community selected by the Director for that 
purpose.
    (2) The Director shall determine the structure and size of each 
national intelligence center.
    (3) The Director shall notify Congress of the establishment of each 
national intelligence center before the date of the establishment of 
such center. Each notice on a center shall set forth the mission of 
such center, the area of intelligence responsibility of such center, 
and the proposed structure of such center.
    (c) Directors of Centers.--(1) Each national intelligence center 
shall have as its head a Director who shall be appointed by the 
National Intelligence Director for that purpose.
    (2) The Director of a national intelligence center shall serve as 
the principal adviser to the National Intelligence Director on 
intelligence matters with respect to the area of intelligence 
responsibility assigned to the center.
    (3) In carrying out duties under paragraph (2), the Director of a 
national intelligence center shall--
            (A) manage the operations of the center;
            (B) coordinate the provision of administration and support 
        by the element of the intelligence community with lead 
        responsibility for the center under subsection (b)(1);
            (C) submit budget and personnel requests for the center to 
        the National Intelligence Director;
            (D) seek such assistance from other departments, agencies, 
        and elements of the United States Government as is needed to 
        fulfill the mission of the center; and
            (E) advise the National Intelligence Director of the 
        information technology, personnel, and other requirements of 
        the center for the performance of its mission.
    (4) The National Intelligence Director shall ensure that the 
Director of a national intelligence center has sufficient authority, 
direction, and control of the center and the personnel of the center to 
effectively accomplish the mission of the center.
    (5) If the Director of a national intelligence center determines at 
any time that the authority, direction, and control of the Director 
over the center is insufficient to accomplish the mission of the 
center, the Director shall promptly notify the National Intelligence 
Director of that determination.
    (d) Mission of Centers.--Pursuant to the direction of the National 
Intelligence Director, each national intelligence center shall, in the 
area of intelligence responsibility assigned to the center by the 
Director pursuant to intelligence priorities established by the 
President--
            (1) have primary responsibility for providing all-source 
        analysis of intelligence based upon intelligence gathered both 
        abroad and domestically;
            (2) have primary responsibility for identifying and 
        proposing to the National Intelligence Director intelligence 
        collection and analysis requirements;
            (3) have primary responsibility for net assessments and 
        warnings;
            (4) ensure that appropriate officials of the United States 
        Government and other appropriate officials have access to a 
        variety of intelligence assessments and analytical views;
            (5) develop and unify strategy for the collection and 
        analysis of all-source intelligence;
            (6) integrate intelligence collection and analysis, both 
        inside and outside the United States;
            (7) at the discretion of the NID develop interagency plans 
        for the collection of all-source intelligence, which plans 
        shall--
                    (A) involve more than one department, agency, or 
                element of the executive branch (unless otherwise 
                directed by the President); and
                    (B) include the mission, objectives to be achieved, 
                courses of action, parameters for such courses of 
                action, coordination of agencies intelligence 
                collection activities, recommendations for intelligence 
                collection plans, and assignment of departmental or 
                agency responsibilities;
            (8) ensure that the collection of all-source intelligence 
        and the conduct of operations are informed by the analysis of 
        all-source intelligence; and
            (9) perform such other duties as the National Intelligence 
        Director shall specify.
    (e) Information Sharing.--(1) The National Intelligence Director 
shall ensure that the Directors of the national intelligence centers 
and the other elements of the intelligence community undertake 
appropriate sharing of intelligence analysis and plans for operations 
in order to facilitate the activities of the centers, including through 
the establishment of mechanisms for the sharing of information and 
analysis among and between national intelligence centers having 
adjacent or significantly interrelated geographic regions or functional 
areas of intelligence responsibility.
    (2) In order to facilitate information sharing under paragraph (1), 
the Directors of the national intelligence centers shall--
            (A) report directly to the National Intelligence Director 
        regarding their activities under this section; and
            (B) coordinate with the Principal Deputy National 
        Intelligence Director regarding such activities.
    (f) Staff.--(1) In providing for a professional staff for a 
national intelligence center, the National Intelligence Director may 
establish as positions in the excepted service such positions in the 
center as the National Intelligence Director considers appropriate.
    (2)(A) The National Intelligence Director shall, from time to 
time--
            (i) specify the transfers, assignments, and details of 
        personnel funded within the National Intelligence Program to a 
        national intelligence center from any other element of the 
        intelligence community that the National Intelligence Director 
        considers appropriate; and
            (ii) in the case of personnel from a department, agency, or 
        element of the United States Government not funded within the 
        National Intelligence Program, request the transfer, 
        assignment, or detail of such personnel from the department, 
        agency, or other element concerned.
    (B)(i) The head of an element of the intelligence community shall 
promptly effect any transfer, assignment, or detail of personnel 
specified by the National Intelligence Director under subparagraph 
(A)(i).
    (ii) The head of a department, agency, or element of the United 
States Government receiving a request for transfer, assignment, or 
detail of personnel under subparagraph (A)(ii) shall, to the extent 
practicable, approve the request.
    (C) Employees of Federally Funded Research and Development Centers 
(as that term is defined in part 2 of the Federal Acquisition 
Regulation), including employees of the Department of Energy national 
laboratories who are associated with field intelligence elements of the 
Department of Energy, shall be eligible to serve under contract or 
other mechanism with a national intelligence center under this 
paragraph.
    (3) Personnel employed in or assigned or detailed to a national 
intelligence center under this subsection shall be under the authority, 
direction, and control of the Director of the center on all matters for 
which the center has been assigned responsibility and for all matters 
related to the accomplishment of the mission of the center.
    (4) Performance evaluations of personnel assigned or detailed to a 
national intelligence center under this subsection shall be undertaken 
by the supervisors of such personnel at the center.
    (5) The supervisors of the staff of a national center may, with the 
approval of the National Intelligence Director, reward the staff of the 
center for meritorious performance by the provision of such performance 
awards as the National Intelligence Director shall prescribe.
    (6) The National Intelligence Director may delegate to the Director 
of a national intelligence center any responsibility, power, or 
authority of the National Intelligence Director under paragraphs (1) 
through (6).
    (7) The Director of a national intelligence center may recommend to 
the National Intelligence Director the reassignment to the home element 
concerned of any personnel previously assigned or detailed to the 
center from another element of the intelligence community.
    (g) Review and Modification of Centers.--(1) Not less often than 
once each year, the National Intelligence Director shall review the 
area of intelligence responsibility assigned to each national 
intelligence center under this section in order to determine whether or 
not such area of responsibility continues to meet intelligence 
priorities established by the National Security Council.
    (2) Not less often than once each year, the National Intelligence 
Director shall review the staffing and management of each national 
intelligence center under this section in order to determine whether or 
not such staffing or management remains appropriate for the 
accomplishment of the mission of such center.
    (3) The National Intelligence Director may at any time recommend to 
the President a modification of the area of intelligence responsibility 
assigned to a national intelligence center under this section. The 
National Intelligence Director shall make any such recommendation 
through, and with the approval of, the National Security Council.
    (h) Separate Budget Account.--The National Intelligence Director 
shall, in accordance with procedures to be issued by the Director in 
consultation with the congressional intelligence committees, include in 
the National Intelligence Program budget a separate line item for each 
national intelligence center under this section.
    (i) Termination.--(1) The National Intelligence Director may 
terminate a national intelligence center if the National Intelligence 
Director determines that the center is no longer required to meet an 
intelligence priority established by the President.
    (2) The National Intelligence Director shall notify Congress of any 
determination made under paragraph (1) before carrying out such 
determination.

SEC. 145. OFFICE OF ALTERNATIVE ANALYSIS.

    (a) Office of Alternative Analysis.--There is within the National 
Intelligence Authority an Office of Alternative Analysis.
    (b) Head of Office.--The National Intelligence Director shall 
appoint the head of the Office of Alternative Analysis.
    (c) Independence of Office.--The National Intelligence Director 
shall take appropriate actions to ensure the independence of the Office 
of Alternative Analysis in its activities under this section.
    (d) Function of Office.--(1) The Office of Alternative Analysis 
shall subject each National Intelligence Estimate (NIE), before the 
completion of such estimate, to a thorough examination of all facts, 
assumptions, analytic methods, and judgments utilized in or underlying 
any analysis, estimation, plan, evaluation, or recommendation contained 
in such estimate.
    (2)(A) The Office may also subject any other intelligence estimate, 
brief, survey, assessment, or report designated by the National 
Intelligence Director to a thorough examination as described in 
paragraph (1).
    (B) Not later than 180 days after the date of the enactment of this 
Act, the Director shall submit to the congressional intelligence 
committees a report on the estimates, briefs, surveys, assessments or 
reports, if any, designated by the Director under subparagraph (A).
    (3)(A) The purpose of an evaluation of an estimate or document 
under this subsection shall be to provide an independent analysis of 
any underlying facts, assumptions, and recommendations contained in 
such estimate or document and to present alternative conclusions, if 
any, arising from such facts or assumptions or with respect to such 
recommendations.
    (B) In order to meet the purpose set forth in subparagraph (A), the 
Office shall, unless otherwise directed by the President, have access 
to all analytic products, field reports, and raw intelligence of any 
element of the intelligence community and such other reports and 
information as the Director considers appropriate.
    (4) The evaluation of an estimate or document under this subsection 
shall be known as a ``OAA analysis'' of such estimate or document.
    (5) Each estimate or document covered by an evaluation under this 
subsection shall include an appendix that contains the findings and 
conclusions of the Office with respect to the estimate or document, as 
the case may be, based upon the evaluation of the estimate or document, 
as the case may be, by the Office under this subsection.
    (6) The results of each evaluation of an estimate or document under 
this subsection shall be submitted to the congressional intelligence 
committees.

 Subtitle E--Education and Training of Intelligence Community Personnel

SEC. 151. FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING.

    The National Intelligence Director shall establish an integrated 
framework that brings together the educational components of the 
intelligence community in order to promote a more effective and 
productive intelligence community through cross-disciplinary education 
and joint training.

SEC. 152. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.

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

SEC. 153. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.

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

 Subtitle F--Additional Authorities of National Intelligence Authority

SEC. 161. USE OF APPROPRIATED FUNDS.

    (a) Disposal of Property.--(1) If specifically authorized to 
dispose of real property of the National Intelligence Authority under 
any law enacted after the date of the enactment of this Act, the 
National Intelligence Director shall, subject to paragraph (2), 
exercise such authority in strict compliance with subchapter IV of 
chapter 5 of title 40, United States Code.
    (2) The Director shall deposit the proceeds of any disposal of 
property of the National Intelligence Authority into the miscellaneous 
receipts of the Treasury in accordance with section 3302(b) of title 
31, United States Code.
    (b) Gifts.--Gifts or donations of services or property of or for 
the National Intelligence Authority may not be accepted, used, or 
disposed of unless specifically permitted in advance in an 
appropriations Act and only under the conditions and for the purposes 
specified in such appropriations Act.

SEC. 162. ACQUISITION AND FISCAL AUTHORITIES.

    (a) Acquisitions of Major Systems.--(1) For each intelligence 
program within the National Intelligence Program for the acquisition of 
a major system, the National Intelligence Director shall--
            (A) require the development and implementation of a program 
        management plan that includes cost, schedule, and performance 
        goals and program milestone criteria;
                    (B) serve as exclusive milestone decision 
                authority, except that with respect to Department of 
                Defense programs the Director shall serve as milestone 
                decision authority jointly with the Secretary of 
                Defense or the designee of the Secretary; and
            (C) periodically--
                    (i) review and assess the progress made toward the 
                achievement of the goals and milestones established in 
                such plan; and
                    (ii) submit to Congress a report on the results of 
                such review and assessment.
    (2) The National Intelligence Director shall prescribe guidance for 
the development and implementation of program management plans under 
this subsection. In prescribing such guidance, the Director shall 
review Department of Defense guidance on program management plans for 
Department of Defense programs for the acquisition of major systems 
and, to the extent feasible, incorporate the principles of the 
Department of Defense guidance into the Director's guidance under this 
subsection.
    (3) Nothing in this subsection may be construed to limit the 
authority of the National Intelligence Director to delegate to any 
other official any authority to perform the responsibilities of the 
Director under this subsection.
    (4) If the National Intelligence Director and the Secretary of 
Defense are unable to reach agreement on a milestone decision under 
this subsection, the Director shall assume milestone decision authority 
subject to review by the President at the request of the Secretary.
    (5) In this subsection:
            (A) The term ``intelligence program'', with respect to the 
        acquisition of a major system, means a program that--
                    (i) is carried out to acquire such major system for 
                an element of the intelligence community; and
                    (ii) is funded in whole out of amounts available 
                for the National Intelligence Program.
            (B) The term ``major system'' has the meaning given such 
        term in section 4(9) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 403(9)).
    (b) Availability of Funds.--Notwithstanding any other provision of 
law (other than the provisions of this Act), sums appropriated or 
otherwise made available to the National Intelligence Authority may be 
expended for purposes necessary to carry out its functions, including 
any function performed by the National Intelligence Authority that is 
described in section 8(a) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403j(a)).
    (c) Relationship of Director's Authority to Other Laws on 
Acquisition and Management of Property and Services.--Section 113(e) of 
title 40, United States Code, is amended--
            (A) by striking ``or'' at the end of paragraph (18);
            (B) by striking the period at the end of paragraph (19) and 
        inserting ``; or''; and
            (C) by adding at the end the following new paragraph:
            ``(20) the National Intelligence Director.''.
    (d) National Intelligence Director Report on Enhancement of NSA and 
NGIA Acquisition Authorities.--Not later than one year after the date 
of the enactment of this Act, the National Intelligence Director 
shall--
            (1) review--
                    (A) the acquisition authority of the Director of 
                the National Security Agency; and
                    (B) the acquisition authority of the Director of 
                the National Geospatial-Intelligence Agency; and
            (2) submit to the Select Committee on Intelligence and the 
        Committee on Governmental Affairs of the Senate and the 
        Permanent Select Committee on Intelligence and the Committee on 
        Government Reform of the House of Representatives a report 
        setting forth any recommended enhancements of the acquisition 
        authorities of the Director of the National Security Agency and 
        the Director of the National Geospatial-Intelligence Agency 
        that the National Intelligence Director considers necessary.
    (e) Comptroller General Report on Acquisition Policies and 
Procedures.--Not later than two years after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report on the extent to which the policies and procedures 
adopted for managing the acquisition of major systems for national 
intelligence purposes, as identified by the National Intelligence 
Director, are likely to result in successful cost, schedule, and 
performance outcomes.

SEC. 163. PERSONNEL MATTERS.

    (a) In General.--In addition to the authorities provided in section 
114, the National Intelligence Director may exercise with respect to 
the personnel of the National Intelligence Authority any authority of 
the Director of the Central Intelligence Agency with respect to the 
personnel of the Central Intelligence Agency under the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment of this 
Act to the same extent, and subject to the same conditions and 
limitations, that the Director of the Central Intelligence Agency may 
exercise such authority with respect to personnel of the Central 
Intelligence Agency.
    (b) Termination of Employees.--(1) Notwithstanding any other 
provision of law, the National Intelligence Director may, in the 
discretion of the Director, terminate the employment of any officer or 
employee of the National Intelligence Authority whenever the Director 
considers the termination of employment of such officer or employee 
necessary or advisable in the interests of the United States.
    (2) Any termination of employment of an officer or employee under 
paragraph (1) shall not affect the right of the officer or employee to 
seek or accept employment in any other department, agency, or element 
of the United States Government if declared eligible for such 
employment by the Office of Personnel Management.
    (c) Other Rights and Protections of Employees and Applicants.--
Employees and applicants for employment of the National Intelligence 
Authority shall have the same rights and protections under the 
Authority as employees of the Central Intelligence Agency have under 
the Central Intelligence Agency Act of 1949, and other applicable 
provisions of law, as of the date of the enactment of this Act.
    (d) Regulations.--The National Intelligence Director shall 
prescribe regulations on the application of the authorities, rights, 
and protections in and made applicable by subsections (a), (b), and 
(c), to the personnel of the National Intelligence Authority.

SEC. 164. ETHICS MATTERS.

    (a) Political Service of Personnel.--Section 7323(b)(2)(B)(i) of 
title 5, United States Code, is amended--
            (1) in subclause (XII), by striking ``or'' at the end; and
            (2) by inserting after subclause (XIII) the following new 
        subclause:
                    ``(XIV) the National Intelligence Authority; or''.
    (b) Deletion of Information About Foreign Gifts.--Section 
7342(f)(4) of title 5, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(4)'';
            (2) in subparagraph (A), as so designated, by striking 
        ``the Director of Central Intelligence'' and inserting ``the 
        Director of the Central Intelligence Agency''; and
            (3) by adding at the end the following new subparagraph:
    ``(B) In transmitting such listings for the National Intelligence 
Authority, the National Intelligence Director may delete the 
information described in subparagraphs (A) and (C) of paragraphs (2) 
and (3) if the Director certifies in writing to the Secretary of State 
that the publication of such information could adversely affect United 
States intelligence sources.''.
    (c) Exemption from Financial Disclosures.--Section 105(a)(1) of the 
Ethics in Government Act (5 U.S.C. App.) is amended by inserting ``the 
National Intelligence Authority,'' before ``the Central Intelligence 
Agency''.

        TITLE II--OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES

          Subtitle A--Improvements of Intelligence Activities

SEC. 201. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING 
              INFORMATION.

    (a) Amounts Requested Each Fiscal Year.--The President shall 
disclose to the public for each fiscal year after fiscal year 2005 the 
aggregate amount of appropriations requested in the budget of the 
President for such fiscal year for the National Intelligence Program.
    (b) Amounts Authorized and Appropriated Each Fiscal Year.--Congress 
shall disclose to the public for each fiscal year after fiscal year 
2005 the aggregate amount of funds authorized to be appropriated, and 
the aggregate amount of funds appropriated, by Congress for such fiscal 
year for the National Intelligence Program.
    (c) Study of Disclosure of Additional Information.--(1) The 
National Intelligence Director shall conduct a study to assess the 
advisability of disclosing to the public amounts as follows:
            (A) The aggregate amount of appropriations requested in the 
        budget of the President for each fiscal year for each element 
        of the intelligence community.
            (B) The aggregate amount of funds authorized to be 
        appropriated, and the aggregate amount of funds appropriated, 
        by Congress for each fiscal year for each element of the 
        intelligence community.
    (2) The study under paragraph (1) shall--
            (A) address whether or not the disclosure to the public of 
        the information referred to in that paragraph would harm the 
        national security of the United States; and
            (B) take into specific account concerns relating to the 
        disclosure of such information for each element of the 
        intelligence community.
    (3) Not later than 180 days after the effective date of this 
section, the Director shall submit to Congress a report on the study 
under paragraph (1).

SEC. 202. JOINT INTELLIGENCE COMMUNITY COUNCIL.

    Title I of the National Security Act of 1947 (50 U.S.C. 401 et 
seq.) is amended by inserting after section 101 the following new 
section:

                 ``joint intelligence community council

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

SEC. 203. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL 
              BUREAU OF INVESTIGATION.

    (a) Findings.--Congress makes the following findings:
            (1) The National Commission on Terrorist Attacks Upon the 
        United States in its final report stated that, under Director 
        Robert Mueller, the Federal Bureau of Investigation has made 
        significant progress in improving its intelligence 
        capabilities.
            (2) In the report, the members of the Commission also urged 
        that the Federal Bureau of Investigation fully institutionalize 
        the shift of the Bureau to a preventive counterterrorism 
        posture.
    (b) Improvement of Intelligence Capabilities.--The Director of the 
Federal Bureau of Investigation shall continue efforts to improve the 
intelligence capabilities of the Federal Bureau of Investigation and to 
develop and maintain within the Bureau a national intelligence 
workforce.
    (c) National Intelligence Workforce.--(1) In developing and 
maintaining a national intelligence workforce under subsection (b), the 
Director of the Federal Bureau of Investigation shall, develop and 
maintain a specialized and integrated national intelligence workforce 
consisting of agents, analysts, linguists, and surveillance specialists 
who are recruited, trained, and rewarded in a manner which ensures the 
existence within the Federal Bureau of Investigation an institutional 
culture with substantial expertise in, and commitment to, the 
intelligence mission of the Bureau.
    (2) Each agent employed by the Bureau after the date of the 
enactment of this Act shall receive basic training in both criminal 
justice matters and national intelligence matters.
    (3) Each agent employed by the Bureau after the date of the 
enactment of this Act shall, to the maximum extent practicable, be 
given the opportunity to undergo, during such agent's early service 
with the Bureau, meaningful assignments in criminal justice matters and 
in national intelligence matters.
    (4) The Director shall--
            (A) establish career positions in national intelligence 
        matters for agents, analysts, and related personnel of the 
        Bureau; and
            (B) in furtherance of the requirement under subparagraph 
        (A) and to the maximum extent practicable, afford agents, 
        analysts, and related personnel of the Bureau the opportunity 
        to work in the career specialty selected by such agents, 
        analysts, and related personnel over their entire career with 
        the Bureau.
    (5) The Director shall carry out a program to enhance the capacity 
of the Bureau to recruit and retain individuals with backgrounds in 
intelligence, international relations, language, technology, and other 
skills relevant to the intelligence mission of the Bureau.
    (6) The Director shall, to the maximum extent practicable, afford 
the analysts of the Bureau training and career opportunities 
commensurate with the training and career opportunities afforded 
analysts in other elements of the intelligence community.
    (7) Commencing as soon as practicable after the date of the 
enactment of this Act, each direct supervisor of a Field Intelligence 
Group, and each Bureau Operational Manager at the Section Chief and 
Assistant Special Agent in Charge (ASAC) level and above, shall be a 
certified intelligence officer.
    (8) The Director shall, to the maximum extent practicable, ensure 
that the successful discharge of advanced training courses, and of one 
or more assignments to another element of the intelligence community, 
is a precondition to advancement to higher level intelligence 
assignments within the Bureau.
    (d) Field Office Matters.--(1) In improving the intelligence 
capabilities of the Federal Bureau of Investigation under subsection 
(b), the Director of the Federal Bureau of Investigation shall ensure 
that each Field Intelligence Group reports directly to a field office 
senior manager responsible for intelligence matters.
    (2) The Director shall provide for such expansion of the secure 
facilities in the field offices of the Bureau as is necessary to ensure 
the discharge by the field offices of the intelligence mission of the 
Bureau.
    (3) The Director shall require that each Field Intelligence Group 
manager ensures the integration of analysts, agents, linguists, and 
surveillance personnel in the field.
    (e) Discharge of Improvements.--(1) The Director of the Federal 
Bureau of Investigation shall carry out subsections (b) through (d) 
through the head of the Directorate of Intelligence of the Federal 
Bureau of Investigation.
    (2) The Director of the Federal Bureau of Investigation shall carry 
out subsections (b) through (d) under the joint guidance of the 
Attorney General and the National Intelligence Director in a manner 
consistent with section 112(a)(8).
    (f) Budget Matters.--The Director of the Federal Bureau of 
Investigation shall, establish a budget structure of the Federal Bureau 
of Investigation to reflect the four principle missions of the Bureau 
as follows:
            (1) Intelligence.
            (2) Counterterrorism and counterintelligence.
            (3) Criminal Enterprises/Federal Crimes.
            (4) Criminal justice services.
    (g) Reports.--(1) Not later than 180 days after the date of the 
enactment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to Congress a report on the progress made as 
of the date of such report in carrying out the requirements of this 
section.
    (2) The Director shall include in each annual program review of the 
Federal Bureau of Investigation that is submitted to Congress a report 
on the progress made by each field office of the Bureau during the 
period covered by such review in addressing Bureau and national program 
priorities.
    (3) Not later than 180 days after the date of the enactment of this 
Act, and every 12 months thereafter, the Director shall submit to 
Congress a report assessing the qualifications, status, and roles of 
analysts at Bureau headquarters and in the field offices of the Bureau.
    (4) Not later than 180 days after the date of the enactment of this 
Act, and every 12 months thereafter, the Director shall submit to 
Congress a report on the progress of the Bureau in implementing 
information-sharing principles.

SEC. 205. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.

    (a) Short Title.--This section may be cited as the ``Federal Bureau 
of Investigation Intelligence Career Service Authorization Act of 
2005''.
    (b) Establishment of Federal Bureau of Investigation Intelligence 
Career Service.--
            (1) In general.--The Director of the Federal Bureau of 
        Investigation, in consultation with the Director of the Office 
        of Personnel Management--
                    (A) may establish positions for intelligence 
                analysts, without regard to chapter 51 of title 5, 
                United States Code;
                    (B) shall prescribe standards and procedures for 
                establishing and classifying such positions; and
                    (C) may fix the rate of basic pay for such 
                positions, without regard to subchapter III of chapter 
                53 of title 5, United States Code, if the rate of pay 
                is not greater than the rate of basic pay payable for 
                level IV of the Executive Schedule.
            (2) Levels of performance.--Any performance management 
        system established for intelligence analysts shall have at 
        least 1 level of performance above a retention standard.
    (c) Reporting Requirement.--Not less than 60 days before the date 
of the implementation of authorities authorized under this section, the 
Director of the Federal Bureau of Investigation shall submit an 
operating plan describing the Director's intended use of the 
authorities under this section to--
            (1) the Committees on Appropriations of the Senate and the 
        House of Representatives;
            (2) the Committee on Governmental Affairs of the Senate;
            (3) the Committee on Government Reform of the House of 
        Representatives;
            (4) the congressional intelligence committees; and
            (5) the Committees on the Judiciary of the Senate and the 
        House of Representatives.
    (d) Annual Report.--Not later than December 31, 2005, and annually 
thereafter for 4 years, the Director of the Federal Bureau of 
Investigation shall submit an annual report of the use of the permanent 
authorities provided under this section during the preceding fiscal 
year to--
            (1) the Committees on Appropriations of the Senate and the 
        House of Representatives;
            (2) the Committee on Governmental Affairs of the Senate;
            (3) the Committee on Government Reform of the House of 
        Representatives;
            (4) the congressional intelligence committees; and
            (5) the Committees on the Judiciary of the Senate and the 
        House of Representatives.

SEC. 206. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Directorate of Intelligence of Federal Bureau of 
Investigation.--The element of the Federal Bureau of Investigation 
known as of the date of the enactment of this Act as the Office of 
Intelligence is hereby redesignated as the Directorate of Intelligence 
of the Federal Bureau of Investigation.
    (b) Head of Directorate.--The head of the Directorate of 
Intelligence shall be the Executive Assistant Director for Intelligence 
of the Federal Bureau of Investigation.
    (c) Responsibilities.--The Directorate of Intelligence shall be 
responsible for the following:
            (1) Supervision of all national intelligence programs, 
        projects, and activities of the Bureau.
            (2) The discharge by the Bureau of the requirements in 
        section 105B of the National Security Act of 1947 (50 U.S.C. 
        403-5b).
            (3) The oversight of Bureau field intelligence operations.
            (4) Coordinating human source development and management by 
        the Bureau.
            (5) Coordinating collection by the Bureau against 
        nationally-determined intelligence requirements.
            (6) Strategic analysis.
            (7) Intelligence program and budget management.
            (8) The intelligence workforce.
            (9) Any other responsibilities specified by the Director of 
        the Federal Bureau of Investigation or specified by law.
    (d) Staff.--The Directorate of Intelligence shall consist of such 
staff as the Director of the Federal Bureau of Investigation considers 
appropriate for the activities of the Directorate.

SEC. 207. INFORMATION SHARING.

    (a) Definitions.--In this section:
            (1) Executive council.--The term ``Executive Council'' 
        means the Executive Council on Information Sharing established 
        under subsection (h).
            (2) Homeland security information.--The term ``homeland 
        security information'' means all information, whether 
        collected, produced, or distributed by intelligence, law 
        enforcement, military, homeland security, or other activities 
        relating to--
                    (A) the existence, organization, capabilities, 
                plans, intentions, vulnerabilities, means of finance or 
                material support, or activities of foreign or 
                international terrorist groups or individuals, or of 
                domestic groups or individuals involved in 
                transnational terrorism;
                    (B) threats posed by such groups or individuals to 
                the United States, United States persons, or United 
                States interests, or to those of other nations;
                    (C) communications of or by such groups or 
                individuals; or
                    (D) groups or individuals reasonably believed to be 
                assisting or associated with such groups or 
                individuals.
            (3) Environment.--The term ``Environment'' means the 
        Information Sharing Environment as described under subsection 
        (c).
    (b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks upon the United States, Congress makes 
the following findings:
            (1) The effective use of information, from all available 
        sources, is essential to the fight against terror and the 
        protection of our homeland. The biggest impediment to all-
        source analysis, and to a greater likelihood of ``connecting 
        the dots'', is resistance to sharing information.
            (2) The United States Government has access to a vast 
        amount of information, including not only traditional 
        intelligence but also other government databases, such as those 
        containing customs or immigration information. However, the 
        United States Government has a weak system for processing and 
        using the information it has.
            (3) In the period preceding September 11, 2001, there were 
        instances of potentially helpful information that was available 
        but that no person knew to ask for; information that was 
        distributed only in compartmented channels, and information 
        that was requested but could not be shared.
            (4) Current security requirements nurture over-
        classification and excessive compartmentalization of 
        information among agencies. Each agency's incentive structure 
        opposes sharing, with risks, including criminal, civil, and 
        administrative sanctions, but few rewards for sharing 
        information.
            (5) The current system, in which each intelligence agency 
        has its own security practices, requires a demonstrated ``need 
        to know'' before sharing. This approach assumes that it is 
        possible to know, in advance, who will need to use the 
        information. An outgrowth of the cold war, such a system 
        implicitly assumes that the risk of inadvertent disclosure 
        outweighs the benefits of wider sharing. Such assumptions are 
        no longer appropriate. Although counterintelligence concerns 
        are still real, the costs of not sharing information are also 
        substantial. The current ``need-to-know'' culture of 
        information protection needs to be replaced with a ``need-to-
        share'' culture of integration.
            (6) A new approach to the sharing of intelligence and 
        homeland security information is urgently needed. An important 
        conceptual model for a new ``trusted information network'' is 
        the Systemwide Homeland Analysis and Resource Exchange (SHARE) 
        Network proposed by a task force of leading professionals 
        assembled by the Markle Foundation and described in reports 
        issued in October 2002 and December 2003.
            (7) No single agency can create a meaningful information 
        sharing system on its own. Alone, each agency can only 
        modernize stovepipes, not replace them. Presidential leadership 
        is required to bring about governmentwide change.
    (c) Information Sharing Environment.--
            (1) Establishment.--The President shall establish a trusted 
        information network and secure information sharing environment 
        to promote sharing of intelligence and homeland security 
        information in a manner consistent with national security and 
        the protection of privacy and civil liberties, and based on 
        clearly defined and consistently applied policies and 
        procedures, and valid investigative, analytical or operational 
        requirements.
            (2) Attributes.--The Environment shall promote 
        coordination, communication and collaboration of people and 
        information among all relevant Federal departments and 
        agencies, State, tribal, and local authorities, and relevant 
        private sector entities, including owners and operators of 
        critical infrastructure, by using policy guidelines and 
        technologies that support--
                    (A) a decentralized, distributed, and coordinated 
                environment that connects existing systems where 
                appropriate and allows users to share information among 
                agencies, between levels of government, and, as 
                appropriate, with the private sector;
                    (B) the sharing of information in a form and manner 
                that facilitates its use in analysis, investigations 
                and operations;
                    (C) building upon existing systems capabilities 
                currently in use across the Government;
                    (D) utilizing industry best practices, including 
                minimizing the centralization of data and seeking to 
                use common tools and capabilities whenever possible;
                    (E) employing an information access management 
                approach that controls access to data rather than to 
                just networks;
                    (F) facilitating the sharing of information at and 
                across all levels of security by using policy 
                guidelines and technologies that support writing 
                information that can be broadly shared;
                    (G) providing directory services for locating 
                people and information;
                    (H) incorporating protections for individuals' 
                privacy and civil liberties;
                    (I) incorporating strong mechanisms for information 
                security and privacy and civil liberties guideline 
                enforcement in order to enhance accountability and 
                facilitate oversight, including--
                            (i) multifactor authentication and access 
                        control;
                            (ii) strong encryption and data protection;
                            (iii) immutable audit capabilities;
                            (iv) automated policy enforcement;
                            (v) perpetual, automated screening for 
                        abuses of network and intrusions; and
                            (vi) uniform classification and handling 
                        procedures;
                    (J) compliance with requirements of applicable law 
                and guidance with regard to the planning, design, 
                acquisition, operation, and management of information 
                systems;
                    (K) permitting continuous system upgrades to 
                benefit from advances in technology while preserving 
                the integrity of stored data; and
                    (L) utilizing privacy-enhancing technologies that 
                minimize the inappropriate dissemination and disclosure 
                of personally identifiable information.
    (d) Immediate Actions.--Not later than 180 days after the date of 
the enactment of this Act, the principal officer as designated in 
subsection 206(g), in consultation with the Executive Council, shall--
            (1) submit to the President and to Congress a description 
        of the technological, legal, and policy issues presented by the 
        creation of the Environment described in subsection (c), and 
        the way in which these issues will be addressed;
            (2) establish electronic directory services to assist in 
        locating in the Federal Government intelligence and homeland 
        security information and people with relevant knowledge about 
        intelligence and homeland security information; and
            (3) conduct a review of relevant current Federal agency 
        capabilities, including--
                    (A) a baseline inventory of current Federal systems 
                that contain intelligence or homeland security 
                information;
                    (B) the money currently spent to maintain those 
                systems; and
                    (C) identification of other information that should 
                be included in the Environment.
    (e) Guidelines and Requirements.--As soon as possible, but in no 
event later than 270 days after the date of the enactment of this Act, 
the President shall--
            (1) in consultation with the Executive Council, issue 
        guidelines--
                    (A) for acquiring, accessing, sharing, and using 
                information, including guidelines to ensure that 
                information is provided in its most shareable form, 
                such as by separating out data from the sources and 
                methods by which that data are obtained; and
                    (B) issue guidelines on classification policy and 
                handling procedures across Federal agencies, including 
                commonly accepted processing and access controls, in 
                the course of which review, the President may consider 
                any comments submitted by the Select Committee on 
                Intelligence, the Committee on Armed Services, the 
                Committee on Foreign Relations of the Senate, and the 
                Permanent Select Committee on Intelligence, the 
                Committee on Armed Services, and the Committee on 
                International Relations of the House of Representatives 
                regarding--
                            (i) the scope of the review the President 
                        should undertake in formulating the guidelines 
                        under this subparagraph; and
                            (ii) the substance of what guidelines 
                        should be issued.
            (2) in consultation with the Privacy and Civil Liberties 
        Oversight Board established under section 211, issue guidelines 
        that--
                    (A) protect privacy and civil liberties in the 
                development and use of the Environment; and
                    (B) shall be made public, unless, and only to the 
                extent that, nondisclosure is clearly necessary to 
                protect national security; and
            (3) require the heads of Federal departments and agencies 
        to promote a culture of information sharing by--
                    (A) reducing disincentives to information sharing, 
                including overclassification of information and 
                unnecessary requirements for originator approval; and
                    (B) providing affirmative incentives for 
                information sharing, such as the incorporation of 
                information sharing performance measures into agency 
                and managerial evaluations, and employee awards for 
                promoting innovative information sharing practices.
    (f) Enterprise Architecture and Implementation Plan.--Not later 
than 1 year after the date of the enactment of this Act, the President 
shall submit to Congress an enterprise architecture and implementation 
plan for the Environment. The enterprise architecture and 
implementation plan shall be prepared by the principal officer in 
consultation with the Executive Council and shall include--
            (1) a description of the parameters of the proposed 
        Environment, including functions, capabilities, and resources;
            (2) a delineation of the roles of the Federal departments 
        and agencies that will participate in the development of the 
        Environment, including identification of any agency that will 
        build the infrastructure needed to operate and manage the 
        Environment (as distinct from the individual agency components 
        that are to be part of the Environment), with the delineation 
        of roles to be consistent with--
                    (A) the authority of the National Intelligence 
                Director under this Act to set standards for 
                information sharing and information technology 
                throughout the intelligence community; and
                    (B) the authority of the Secretary of Homeland 
                Security and the role of the Department of Homeland 
                Security in coordinating with State, tribal, and local 
                officials and the private sector;
            (3) a description of the technological requirements to 
        appropriately link and enhance existing networks and a 
        description of the system design that will meet these 
        requirements;
            (4) an enterprise architecture that--
                    (A) is consistent with applicable laws and guidance 
                with regard to planning, design, acquisition, 
                operation, and management of information systems;
                    (B) will be used to guide and define the 
                development and implementation of the Environment; and
                    (C) addresses the existing and planned enterprise 
                architectures of the departments and agencies 
                participating in the Environment;
            (5) a description of how privacy and civil liberties will 
        be protected throughout the design and implementation of the 
        Environment;
            (6) objective, systemwide performance measures to enable 
        the assessment of progress toward achieving full implementation 
        of the Environment;
            (7) a plan, including a time line, for the development and 
        phased implementation of the Environment;
            (8) total budget requirements to develop and implement the 
        Environment, including the estimated annual cost for each of 
        the 5 years following the date of the enactment of this Act;
            (9) an estimate of training requirements needed to ensure 
        that the Environment will be adequately implemented and 
        property utilized;
            (10) an analysis of the cost to State, tribal, and local 
        governments and private sector entities for equipment and 
        training needed to effectively utilize the Environment; and
            (11) proposals for any legislation that the Director of 
        Management and Budget determines necessary to implement the 
        Environment.
    (g) Responsibilities of Executive Council for Information Sharing 
Environment.--Not later than 120 days after the date of enactment, with 
notification to Congress, the President shall designate an individual 
as the principal officer responsible for information sharing across the 
Federal government. That individual shall have and exercise 
governmentwide authority and have management expertise in enterprise 
architecture, information sharing, and interoperability.
            (1) Additional duties and responsibilities.--
                    (A) In general.--The principal officer designated 
                under this subsection, in consultation with the 
                Executive Council, shall--
                            (i) implement and manage the Environment;
                            (ii) develop and implement policies, 
                        procedures, guidelines, rules, and standards as 
                        appropriate to foster the development and 
                        proper operation of the Environment; and
                            (iii) assist, monitor, and assess the 
                        implementation of the Environment by Federal 
                        departments and agencies to ensure adequate 
                        progress, technological consistency and policy 
                        compliance; and regularly report the findings 
                        to Congress.
                    (B) Content of policies, procedures, guidelines, 
                rules, and standards.--The policies, procedures, 
                guidelines, rules, and standards under subparagraph 
                (A)(ii) shall--
                            (i) take into account the varying missions 
                        and security requirements of agencies 
                        participating in the Environment;
                            (ii) address development, implementation, 
                        and oversight of technical standards and 
                        requirements;
                            (iii) address and facilitate information 
                        sharing between and among departments and 
                        agencies of the intelligence community, the 
                        Department of Defense, the Homeland Security 
                        community and the law enforcement community;
                            (iv) address and facilitate information 
                        sharing between Federal departments and 
                        agencies and State, tribal and local 
                        governments;
                            (v) address and facilitate, as appropriate, 
                        information sharing between Federal departments 
                        and agencies and the private sector;
                            (vi) address and facilitate, as 
                        appropriate, information sharing between 
                        Federal departments and agencies with foreign 
                        partners and allies; and
                            (vii) ensure the protection of privacy and 
                        civil liberties.
    (h) Establishment of Executive Council.--There is established an 
Executive Council on Information Sharing that shall assist the 
principal officer as designated under subsection 206(g) in the 
execution of the duties under this Act concerning information sharing.
            (1) Membership.--The Executive Council shall be chaired by 
        the principal officer as designated in subsection 206(g). The 
        members of the Executive Council shall be--
                    (A) the Director of Management and Budget;
                    (B) the Secretary of Homeland Security or his 
                designee;
                    (C) the Secretary of Defense or his designee;
                    (D) the Attorney General or his designee;
                    (E) the Secretary of State or his designee;
                    (F) the Director of the Federal Bureau of 
                Investigation or his designee;
                    (G) the National Intelligence Director or his 
                designee;
                    (H) The Director of Central Intelligence Agency or 
                his designees;
                    (I) such other Federal officials as the President 
                shall designate;
                    (J) representatives of State, tribal, and local 
                governments, to be appointed by the President; and
                    (K) individuals who are employed in private 
                businesses or nonprofit organizations that own or 
                operate critical infrastructure, to be appointed by the 
                President.
            (2) Responsibilities.--The Executive Council shall assist 
        the President in--
                    (A) implementing and managing the Environment;
                    (B) developing policies, procedures, guidelines, 
                rules, and standards necessary to establish and 
                implement the Environment;
                    (C) ensuring there is coordination among 
                departments and agencies participating in the 
                Environment in the development and implementation of 
                the Environment;
                    (D) reviewing, on an ongoing basis, policies, 
                procedures, guidelines, rules, and standards related to 
                the implementation of the Environment;
                    (E) establishing a dispute resolution process to 
                resolve disagreements among departments and agencies 
                about whether particular information should be shared 
                and in what manner; and
                    (F) considering input provided by persons from 
                outside the Federal government with significant 
                experience and expertise in policy, technical, and 
                operational matters, including issues of security, 
                privacy, or civil liberties.
            (3) Inapplicability of federal advisory committee act.--The 
        Council shall not be subject to the requirements of the Federal 
        Advisory Committee Act (5 U.S.C. App.).
            (4) Reports.--Not later than 1 year after the date of the 
        enactment of this Act, and annually thereafter, the principal 
        officer as designated in section 206(g), shall submit a report 
        to the President and to Congress that shall include--
                    (A) a description of the activities and 
                accomplishments of the Council in the preceding year; 
                and
                    (B) the number and dates of the meetings held by 
                the Council and a list of attendees at each meeting.
            (5) Informing the public.--The Executive Council shall--
                    (A) make its reports to Congress available to the 
                public to the greatest extent that is consistent with 
                the protection of classified information and applicable 
                law; and
                    (B) otherwise inform the public of its activities, 
                as appropriate and in a manner consistent with the 
                protection of classified information and applicable 
                law.
    (i) Reports.--
            (1) In general.--Not later than 15 months after the date of 
        the enactment of this Act, and semiannually thereafter, the 
        President shall submit a report to Congress on the state of the 
        Environment and of information sharing across the Federal 
        government.
            (2) Content.--Each report under this subsection shall 
        include--
                    (A) a progress report on the extent to which the 
                Environment has been implemented, including how the 
                Environment has fared on the governmentwide and agency-
                specific performance measures and whether the 
                performance goals set in the preceding year have been 
                met;
                    (B) objective systemwide performance goals for the 
                following year;
                    (C) an accounting of how much was spent on the 
                Environment in the preceding year;
                    (D) actions taken to ensure that agencies procure 
                new technology that is consistent with the Environment 
                and information on whether new systems and technology 
                are consistent with the Environment;
                    (E) the extent to which, in appropriate 
                circumstances, all terrorism watch lists are available 
                for combined searching in real time through the 
                Environment and whether there are consistent standards 
                for placing individuals on, and removing individuals 
                from, the watch lists, including the availability of 
                processes for correcting errors;
                    (F) the extent to which unnecessary roadblocks, 
                impediments, or disincentives to information sharing, 
                including the inappropriate use of paper-only 
                intelligence products and requirements for originator 
                approval, have been eliminated;
                    (G) the extent to which positive incentives for 
                information sharing have been implemented;
                    (H) the extent to which classified information is 
                also made available through the Environment, in whole 
                or in part, in unclassified form;
                    (I) the extent to which State, tribal, and local 
                officials--
                            (i) are participating in the Environment;
                            (ii) have systems which have become 
                        integrated into the Environment;
                            (iii) are providing as well as receiving 
                        information; and
                            (iv) are using the Environment to 
                        communicate with each other;
                    (J) the extent to which--
                            (i) private sector data, including 
                        information from owners and operators of 
                        critical infrastructure, is incorporated in the 
                        Environment; and
                            (ii) the private sector is both providing 
                        and receiving information;
                    (K) where private sector data has been used by the 
                Government or has been incorporated into the 
                Environment--
                            (i) the measures taken to protect sensitive 
                        business information; and
                            (ii) where the data involves information 
                        about individuals, the measures taken to ensure 
                        the accuracy of such data;
                    (L) the measures taken by the Federal government to 
                ensure the accuracy of other information on the 
                Environment and, in particular, the accuracy of 
                information about individuals;
                    (M) an assessment of the Environment's privacy and 
                civil liberties protections, including actions taken in 
                the preceding year to implement or enforce privacy and 
                civil liberties protections and a report of complaints 
                received about interference with an individual's 
                privacy or civil liberties; and
                    (N) an assessment of the security protections of 
                the Environment.
    (j) Agency Responsibilities.--The head of each department or agency 
possessing or using intelligence or homeland security information or 
otherwise participating in the Environment shall--
            (1) ensure full department or agency compliance with 
        information sharing policies, procedures, guidelines, rules, 
        and standards established for the Environment under subsections 
        (c) and (g);
            (2) ensure the provision of adequate resources for systems 
        and activities supporting operation of and participation in the 
        Environment; and
            (3) ensure full agency or department cooperation in the 
        development of the Environment and associated enterprise 
        architecture to implement governmentwide information sharing, 
        and in the management and acquisition of information technology 
        consistent with applicable law.
    (k) Agency Plans and Reports.--Each Federal department or agency 
that possesses or uses intelligence and homeland security information, 
operates a system in the Environment or otherwise participates, or 
expects to participate, in the Environment, shall submit to the 
principal officer as designated in section 206(g)--
            (1) not later than 15 months after the date of the 
        enactment of this Act, a report including--
                    (A) a strategic plan for implementation of the 
                Environment's requirements within the department or 
                agency;
                    (B) objective performance measures to assess the 
                progress and adequacy of the department or agency's 
                information sharing efforts; and
                    (C) budgetary requirements to integrate the agency 
                into the Environment, including projected annual 
                expenditures for each of the following 5 years 
                following the submission of the report; and
            (2) annually thereafter, reports including--
                    (A) an assessment of the progress of the department 
                or agency in complying with the Environment's 
                requirements, including how well the agency has 
                performed on the objective measures developed under 
                paragraph (1)(B);
                    (B) the agency's expenditures to implement and 
                comply with the Environment's requirements in the 
                preceding year; and
                    (C) the agency's or department's plans for further 
                implementation of the Environment in the year following 
                the submission of the report.
    (l) Periodic Assessments.--
            (1) Comptroller general.--
                    (A) In general.--Not later than 15 months after the 
                date of the enactment of this Act, and periodically 
                thereafter, the Comptroller General shall evaluate the 
                implementation of the Environment, both generally and, 
                at the discretion of the Comptroller General, within 
                specific departments and agencies, to determine the 
                extent of compliance with the Environment's 
                requirements and to assess the effectiveness of the 
                Environment in improving information sharing and 
                collaboration and in protecting privacy and civil 
                liberties, and shall report to Congress on the findings 
                of the Comptroller General.
                    (B) Information available to the comptroller 
                general.--Upon request by the Comptroller General, 
                information relevant to an evaluation under subsection 
                (a) shall be made available to the Comptroller General 
                under section 716 of title 31, United States Code.
                    (C) Consultation with congressional committees.--If 
                a record is not made available to the Comptroller 
                General within a reasonable time, before the 
                Comptroller General files a report under section 
                716(b)(1) of title 31, United States Code, the 
                Comptroller General shall consult with the Select 
                Committee on Intelligence of the Senate, the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives, the Committee on Governmental Affairs 
                of the Senate, and the Committee on Government Reform 
                of the House of Representatives concerning the 
                Comptroller's intent to file a report.
            (2) Inspectors general.--The Inspector General in any 
        Federal department or agency that possesses or uses 
        intelligence or homeland security information or that otherwise 
        participates in the Environment shall, at the discretion of the 
        Inspector General--
                    (A) conduct audits or investigations to--
                            (i) determine the compliance of that 
                        department or agency with the Environment's 
                        requirements; and
                            (ii) assess the effectiveness of that 
                        department or agency in improving information 
                        sharing and collaboration and in protecting 
                        privacy and civil liberties; and
                    (B) issue reports on such audits and 
                investigations.
    (m) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $50,000,000 to carry out this section for fiscal year 
        2005; and
            (2) such sums as are necessary to carry out this section in 
        each fiscal year thereafter, to be disbursed and allocated in 
        accordance with the Environment implementation plan required by 
        subsection (f).

SEC. 207. ALTERNATIVE ANALYSES OF INTELLIGENCE BY THE INTELLIGENCE 
              COMMUNITY.

    (a) Sense of Congress.--It is the sense of Congress that the 
National Intelligence Director should consider the advisability of 
establishing for each element of the intelligence community an element, 
office, or component whose purpose is the alternative analysis 
(commonly referred to as a ``red-team analysis'') of the information 
and conclusions in the intelligence products of such element of the 
intelligence community.
    (b) Report.--(1) Not later than one year after the date of the 
enactment of this Act, the National Intelligence Director shall submit 
to Congress a report on the actions taken to establish for each element 
of the intelligence community an element, office, or component 
described in subsection (a).
    (2) The report shall be submitted in an unclassified form, but may 
include a classified annex.

SEC. 208. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF DEFENSE 
              SCIENCE BOARD ON PREVENTING AND DEFENDING AGAINST 
              CLANDESTINE NUCLEAR ATTACK.

    (a) Finding.--Congress finds that the June 2004 report of the 
Defense Science Board Task Force on Preventing and Defending Against 
Clandestine Nuclear Attack--
            (1) found that it would be easy for adversaries to 
        introduce and detonate a nuclear explosive clandestinely in the 
        United States;
            (2) found that clandestine nuclear attack and defense 
        against such attack should be treated as an emerging aspect of 
        strategic warfare and that those matters warrant national and 
        Department of Defense attention; and
            (3) called for a serious national commitment to a 
        multidepartment program to create a multi-element, layered, 
        global, civil/military complex of systems and capabilities that 
        can greatly reduce the likelihood of a successful clandestine 
        attack, achieving levels of protection effective enough to 
        warrant the effort.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Secretary of Energy, submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
actions proposed to be taken to address the recommendations of the 
Defense Science Board Task Force 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.

    (a) In General.--The National Intelligence Director shall take 
actions to ensure, to the extent practicable, the utilization of United 
States commercial remote sensing space capabilities to fulfill the 
imagery and geospatial information requirements of the intelligence 
community.
    (b) Procedures for Utilization.--The National Intelligence Director 
may prescribe procedures for the purpose of meeting the requirement in 
subsection (a).
    (c) Definitions.--In this section, the terms ``imagery'' and 
``geospatial information'' have the meanings given such terms in 
section 467 of title 10, United States Code.

SEC. 210. PERMANENT AUTHORITY FOR PUBLIC INTEREST DECLASSIFICATION 
              BOARD.

    (a) In General.--Section 710 of the Public Interest 
Declassification Act of 2000 (title VII of Public Law 106-567; 50 
U.S.C. 435 note) is amended--
            (1) by striking ``(a) Effective Date.--''; and
            (2) by striking subsection (b).
    (b) Conforming Amendment.--The head of such section is amended by 
striking ``; SUNSET''.
    (c) Limitation on Funds.--Notwithstanding any other provision of 
this section, none of the funds provided pursuant to subsection (m) may 
be obligated for deployment or implementation of the Environment unless 
the guidelines and requirements under subsection (e) are submitted to 
Congress.

                Subtitle B--Privacy and Civil Liberties

SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    (a) In General.--There is established within the Executive Office 
of the President a Privacy and Civil Liberties Oversight Board 
(referred to in this subtitle as the ``Board'').
    (b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) In conducting the war on terrorism, the Government may 
        need additional powers and may need to enhance the use of its 
        existing powers.
            (2) This shift of power and authority to the Government 
        calls for an enhanced system of checks and balances to protect 
        the precious liberties that are vital to our way of life and to 
        ensure that the Government uses its powers for the purposes for 
        which the powers were given.
    (c) Purpose.--The Board shall--
            (1) analyze and review actions the executive branch takes 
        to protect the Nation from terrorism, ensuring that the need 
        for such actions is balanced with the need to protect privacy 
        and civil liberties; and
            (2) ensure that liberty concerns are appropriately 
        considered in the development and implementation of laws, 
        regulations, and policies related to efforts to protect the 
        Nation against terrorism.
    (d) Functions.--
            (1) Advice and counsel on policy development and 
        implementation.--The Board shall--
                    (A) review proposed legislation, regulations, and 
                policies related to efforts to protect the Nation from 
                terrorism, including the development and adoption of 
                information sharing guidelines under subsections (e) 
                and (g) of section 205;
                    (B) review the implementation of new and existing 
                legislation, regulations, and policies related to 
                efforts to protect the Nation from terrorism, including 
                the implementation of information sharing guidelines 
                under subsections (e) and (g) of section 205;
                    (C) advise the President and the departments, 
                agencies, and elements of the executive branch to 
                ensure that privacy and civil liberties are 
                appropriately considered in the development and 
                implementation of such legislation, regulations, 
                policies, and guidelines; and
                    (D) in providing advice on proposals to retain or 
                enhance a particular governmental power, consider 
                whether the department, agency, or element of the 
                executive branch has established--
                            (i) that the need for the power is balanced 
                        with the need to protect privacy and civil 
                        liberties;
                            (ii) that there is adequate supervision of 
                        the use by the executive branch of the power to 
                        ensure protection of privacy and civil 
                        liberties; and
                            (iii) that there are adequate guidelines 
                        and oversight to properly confine its use.
            (2) Oversight.--The Board shall continually review--
                    (A) the regulations, policies, and procedures, and 
                the implementation of the regulations, policies, and 
                procedures, of the departments, agencies, and elements 
                of the executive branch to ensure that privacy and 
                civil liberties are protected;
                    (B) the information sharing practices of the 
                departments, agencies, and elements of the executive 
                branch to determine whether they appropriately protect 
                privacy and civil liberties and adhere to the 
                information sharing guidelines prescribed under 
                subsections (e) and (g) of section 205 and to other 
                governing laws, regulations, and policies regarding 
                privacy and civil liberties; and
                    (C) other actions by the executive branch related 
                to efforts to protect the Nation from terrorism to 
                determine whether such actions--
                            (i) appropriately protect privacy and civil 
                        liberties; and
                            (ii) are consistent with governing laws, 
                        regulations, and policies regarding privacy and 
                        civil liberties.
            (3) Relationship with privacy and civil liberties 
        officers.--The Board shall--
                    (A) review and assess reports and other information 
                from privacy officers and civil liberties officers 
                described in section 212;
                    (B) when appropriate, make recommendations to such 
                privacy officers and civil liberties officers regarding 
                their activities; and
                    (C) when appropriate, coordinate the activities of 
                such privacy officers and civil liberties officers on 
                relevant interagency matters.
            (4) Testimony.--The Members of the Board shall appear and 
        testify before Congress upon request.
    (e) Reports.--
            (1) In general.--The Board shall--
                    (A) receive and review reports from privacy 
                officers and civil liberties officers described in 
                section 212; and
                    (B) periodically submit, not less than 
                semiannually, reports--
                            (i)(I) to the appropriate committees of 
                        Congress, including the Committees on the 
                        Judiciary of the Senate and the House of 
                        Representatives, the Committee on Governmental 
                        Affairs of the Senate, the Committee on 
                        Government Reform of the House of 
                        Representatives, the Select Committee on 
                        Intelligence of the Senate, and the Permanent 
                        Select Committee on Intelligence of the House 
                        of Representatives; and
                            (II) to the President; and
                            (ii) which shall be in unclassified form to 
                        the greatest extent possible, with a classified 
                        annex where necessary.
            (2) Contents.--Not less than 2 reports submitted each year 
        under paragraph (1)(B) shall include--
                    (A) a description of the major activities of the 
                Board during the preceding period;
                    (B) information on the findings, conclusions, and 
                recommendations of the Board resulting from its advice 
                and oversight functions under subsection (d);
                    (C) the minority views on any findings, 
                conclusions, and recommendations of the Board resulting 
                from its advice and oversight functions under 
                subsection (d); and
                    (D) each proposal reviewed by the Board under 
                subsection (d)(1) that--
                            (i) the Board advised against 
                        implementation; and
                            (ii) notwithstanding such advice, actions 
                        were taken to implement.
            (f) Informing the Public.--The Board shall--
            (1) make its reports, including its reports to Congress, 
        available to the public to the greatest extent that is 
        consistent with the protection of classified information and 
        applicable law; and
            (2) hold public hearings and otherwise inform the public of 
        its activities, as appropriate and in a manner consistent with 
        the protection of classified information and applicable law.
    (g) Access to Information.--
            (1) Authorization.--If determined by the Board to be 
        necessary to carry out its responsibilities under this section, 
        the Board is authorized to--
                    (A) have access from any department, agency, or 
                element of the executive branch, or any Federal officer 
                or employee, to all relevant records, reports, audits, 
                reviews, documents, papers, recommendations, or other 
                relevant material, including classified information 
                consistent with applicable law;
                    (B) interview, take statements from, or take public 
                testimony from personnel of any department, agency, or 
                element of the executive branch, or any Federal officer 
                or employee;
                    (C) request information or assistance from any 
                State, tribal, or local government; and
                    (D) require, by subpoena issued at the direction of 
                a majority of the members of the Board, persons (other 
                than departments, agencies, and elements of the 
                executive branch) to produce any relevant information, 
                documents, reports, answers, records, accounts, papers, 
                and other documentary or testimonial evidence.
            (2) Enforcement of subpoena.--In the case of contumacy or 
        failure to obey a subpoena issued under paragraph (1)(D), the 
        United States district court for the judicial district in which 
        the subpoenaed person resides, is served, or may be found may 
        issue an order requiring such person to produce the evidence 
        required by such subpoena.
            (3) Agency cooperation.--Whenever information or assistance 
        requested under subparagraph (A) or (B) of paragraph (1) is, in 
        the judgment of the Board, unreasonably refused or not 
        provided, the Board shall report the circumstances to the head 
        of the department, agency, or element concerned without delay. 
        The head of the department, agency, or element concerned shall 
        ensure that the Board is given access to the information, 
        assistance, material, or personnel the Board determines to be 
        necessary to carry out its functions.
    (h) Membership.--
            (1) Members.--The Board shall be composed of a full-time 
        chairman and 4 additional members, who shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            (2) Qualifications.--Members of the Board shall be selected 
        solely on the basis of their professional qualifications, 
        achievements, public stature, expertise in civil liberties and 
        privacy, and relevant experience, and without regard to 
        political affiliation, but in no event shall more than 3 
        members of the Board be members of the same political party.
            (3) Incompatible office.--An individual appointed to the 
        Board may not, while serving on the Board, be an elected 
        official, officer, or employee of the Federal Government, other 
        than in the capacity as a member of the Board.
            (4) Term.--Each member of the Board shall serve a term of 
        six years, except that--
                    (A) a member appointed to a term of office after 
                the commencement of such term may serve under such 
                appointment only for the remainder of such term;
                    (B) upon the expiration of the term of office of a 
                member, the member shall continue to serve until the 
                member's successor has been appointed and qualified, 
                except that no member may serve under this 
                subparagraph--
                            (i) for more than 60 days when Congress is 
                        in session unless a nomination to fill the 
                        vacancy shall have been submitted to the 
                        Senate; or
                            (ii) after the adjournment sine die of the 
                        session of the Senate in which such nomination 
                        is submitted; and
                    (C) the members initially appointed under this 
                subsection shall serve terms of two, three, four, five, 
                and six years, respectively, from the effective date of 
                this Act, with the term of each such member to be 
                designated by the President.
            (5) Quorum and meetings.--After its initial meeting, the 
        Board shall meet upon the call of the chairman or a majority of 
        its members. Three members of the Board shall constitute a 
        quorum.
    (i) Compensation and Travel Expenses.--
            (1) Compensation.--
                    (A) Chairman.--The chairman shall be compensated at 
                the rate of pay payable for a position at level III of 
                the Executive Schedule under section 5314 of title 5, 
                United States Code.
                    (B) Members.--Each member of the Board shall be 
                compensated at a rate of pay payable for a position at 
                level IV of the Executive Schedule under section 5315 
                of title 5, United States Code, for each day during 
                which that member is engaged in the actual performance 
                of the duties of the Board.
            (2) Travel expenses.--Members of the Board shall be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for persons employed intermittently by the 
        Government under section 5703(b) of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Board.
    (j) Staff.--
            (1) Appointment and compensation.--The Chairman, in 
        accordance with rules agreed upon by the Board, shall appoint 
        and fix the compensation of a full-time executive director and 
        such other personnel as may be necessary to enable the Board to 
        carry out its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates, 
        except that no rate of pay fixed under this subsection may 
        exceed the equivalent of that payable for a position at level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (2) Detailees.--Any Federal employee may be detailed to the 
        Board without reimbursement from the Board, and such detailee 
        shall retain the rights, status, and privileges of the 
        detailee's regular employment without interruption.
            (3) Consultant services.--The Board may procure the 
        temporary or intermittent services of experts and consultants 
        in accordance with section 3109 of title 5, United States Code, 
        at rates that do not exceed the daily rate paid a person 
        occupying a position at level IV of the Executive Schedule 
        under section 5315 of such title.
    (k) Security Clearances.--The appropriate departments, agencies, 
and elements of the executive branch shall cooperate with the Board to 
expeditiously provide the Board members and staff with appropriate 
security clearances to the extent possible under existing procedures 
and requirements.
    (l) Treatment as Agency, Not as Advisory Committee.--The Board--
            (1) is an agency (as defined in section 551(1) of title 5, 
        United States Code); and
            (2) is not an advisory committee (as defined in section 
        3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).

SEC. 212. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    (a) Designation and Functions.--The Attorney General, the Secretary 
of Defense, the Secretary of State, the Secretary of the Treasury, the 
Secretary of Health and Human Services, the Secretary of Homeland 
Security, the National Intelligence Director, the Director of the 
Central Intelligence Agency, and the head of any other department, 
agency, or element of the executive branch designated by the Privacy 
and Civil Liberties Oversight Board to be appropriate for coverage 
under this section shall designate not less than 1 senior officer to--
            (1) assist the head of such department, agency, or element 
        and other officials of such department, agency, or element in 
        appropriately considering privacy and civil liberties concerns 
        when such officials are proposing, developing, or implementing 
        laws, regulations, policies, procedures, or guidelines related 
        to efforts to protect the Nation against terrorism;
            (2) periodically investigate and review department, agency, 
        or element actions, policies, procedures, guidelines, and 
        related laws and their implementation to ensure that such 
        department, agency, or element is adequately considering 
        privacy and civil liberties in its actions;
            (3) ensure that such department, agency, or element has 
        adequate procedures to receive, investigate, respond to, and 
        redress complaints from individuals who allege such department, 
        agency, or element has violated their privacy or civil 
        liberties; and
            (4) in providing advice on proposals to retain or enhance a 
        particular governmental power the officer shall consider 
        whether such department, agency, or element has established--
                            (i) that the need for the power is balanced 
                        with the need to protect privacy and civil 
                        liberties;
                            (ii) that there is adequate supervision of 
                        the use by such department, agency, or element 
                        of the power to ensure protection of privacy 
                        and civil liberties; and
                            (iii) that there are adequate guidelines 
                        and oversight to properly confine its use.
    (b) Exception to Designation Authority.--
            (1) Privacy officers.--In any department, agency, or 
        element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created privacy officer, such 
        officer shall perform the functions specified in subsection (a) 
        with respect to privacy.
            (2) Civil liberties officers.--In any department, agency, 
        or element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created civil liberties officer, 
        such officer shall perform the functions specified in 
        subsection (a) with respect to civil liberties.
    (c) Supervision and Coordination.--Each privacy officer or civil 
liberties officer described in subsection (a) or (b) shall--
            (1) report directly to the head of the department, agency, 
        or element concerned; and
            (2) coordinate their activities with the Inspector General 
        of such department, agency, or element to avoid duplication of 
        effort.
    (d) Agency Cooperation.--The head of each department, agency, or 
element shall ensure that each privacy officer and civil liberties 
officer--
            (1) has the information, material, and resources necessary 
        to fulfill the functions of such officer;
            (2) is advised of proposed policy changes;
            (3) is consulted by decision makers; and
            (4) is given access to material and personnel the officer 
        determines to be necessary to carry out the functions of such 
        officer.
    (e) Reprisal for Making Complaint.--No action constituting a 
reprisal, or threat of reprisal, for making a complaint or for 
disclosing information to a privacy officer or civil liberties officer 
described in subsection (a) or (b), or to the Privacy and Civil 
Liberties Oversight Board, that indicates a possible violation of 
privacy protections or civil liberties in the administration of the 
programs and operations of the Federal Government relating to efforts 
to protect the Nation from terrorism shall be taken by any Federal 
employee in a position to take such action, unless the complaint was 
made or the information was disclosed with the knowledge that it was 
false or with willful disregard for its truth or falsity.
    (f) Periodic Reports.--
            (1) In general.--The privacy officers and civil liberties 
        officers of each department, agency, or element referred to or 
        described in subsection (a) or (b) shall periodically, but not 
        less than quarterly, submit a report on the activities of such 
        officers--
                    (A)(i) to the appropriate committees of Congress, 
                including the Committees on the Judiciary of the Senate 
                and the House of Representatives, the Committee on 
                Governmental Affairs of the Senate, the Committee on 
                Government Reform of the House of Representatives, the 
                Select Committee on Intelligence of the Senate, and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives;
                    (ii) to the head of such department, agency, or 
                element; and
                    (iii) to the Privacy and Civil Liberties Oversight 
                Board; and
                    (B) which shall be in unclassified form to the 
                greatest extent possible, with a classified annex where 
                necessary.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include information on the discharge of each of the 
        functions of the officer concerned, including--
                    (A) information on the number and types of reviews 
                undertaken;
                    (B) the type of advice provided and the response 
                given to such advice;
                    (C) the number and nature of the complaints 
                received by the department, agency, or element 
                concerned for alleged violations; and
                    (D) a summary of the disposition of such 
                complaints, the reviews and inquiries conducted, and 
                the impact of the activities of such officer.
    (g) Informing the Public.--Each privacy officer and civil liberties 
officer shall--
            (1) make the reports of such officer, including reports to 
        Congress, available to the public to the greatest extent that 
        is consistent with the protection of classified information and 
        applicable law; and
            (2) otherwise inform the public of the activities of such 
        officer, as appropriate and in a manner consistent with the 
        protection of classified information and applicable law.
    (h) Savings Clause.--Nothing in this section shall be construed to 
limit or otherwise supplant any other authorities or responsibilities 
provided by law to privacy officers or civil liberties officers.
    (i) Protections for Human Research Subjects.--The Secretary of 
Homeland Security shall ensure that the Department of Homeland Security 
complies with the protections for human research subjects, as described 
in part 46 of title 45, Code of Federal Regulations, or in equivalent 
regulations as promulgated by such Secretary, with respect to research 
that is conducted or supported by such Department.

           Subtitle C--Independence of Intelligence Agencies

SEC. 221. INDEPENDENCE OF NATIONAL INTELLIGENCE DIRECTOR.

    (a) Location Outside Executive Office of the President.--The 
National Intelligence Director shall not be located within the 
Executive Office of the President.
    (b) Provision of National Intelligence.--The National Intelligence 
Director shall provide to the President and Congress national 
intelligence that is timely, objective, independent of political 
considerations, and has not been shaped to serve policy goals.

SEC. 222. INDEPENDENCE OF INTELLIGENCE.

    (a) Director of National Counterterrorism Center.--The Director of 
the National Counterterrorism Center shall provide to the President, 
Congress, and the National Intelligence Director national intelligence 
related to counterterrorism that is timely, objective, independent of 
political considerations, and has not been shaped to serve policy 
goals.
    (b) Directors of National Intelligence Centers.--Each Director of a 
national intelligence center established under section 144 shall 
provide to the President, Congress, and the National Intelligence 
Director intelligence information that is timely, objective, 
independent of political considerations, and has not been shaped to 
serve policy goals.
    (c) Director of Central Intelligence Agency.--The Director of the 
Central Intelligence Agency shall ensure that intelligence produced by 
the Central Intelligence Agency is timely, objective, independent of 
political considerations, and has not been shaped to serve policy 
goals.
    (d) National Intelligence Council.--The National Intelligence 
Council shall produce national intelligence estimates for the United 
States Government that are timely, objective, independent of political 
considerations, and have not been shaped to serve policy goals.

SEC. 223. INDEPENDENCE OF NATIONAL COUNTERTERRORISM CENTER.

    No officer, department, agency, or element of the executive branch 
shall have any authority to require the Director of the National 
Counterterrorism Center--
            (1) to receive permission to testify before Congress; or
            (2) to submit testimony, legislative recommendations, or 
        comments to any officer or agency of the United States for 
        approval, comments, or review prior to the submission of such 
        recommendations, testimony, or comments to Congress if such 
        recommendations, testimony, or comments include a statement 
        indicating that the views expressed therein are those of the 
        agency submitting them and do not necessarily represent the 
        views of the Administration.

SEC. 224. ACCESS OF CONGRESSIONAL COMMITTEES TO NATIONAL INTELLIGENCE.

    (a) Documents Required To Be Provided to Congressional 
Committees.--The National Intelligence Director, the Director of the 
National Counterterrorism Center, and the Director of a national 
intelligence center shall provide to the committees and Members of 
Congress specified in subsection (c), and any other committee of 
Congress with jurisdiction over the subject matter to which the 
information relates, all intelligence assessments, intelligence 
estimates, sense of intelligence community memoranda, and daily senior 
executive intelligence briefs, other than the Presidential Daily Brief 
and those reports prepared exclusively for the President.
    (b) Response to Requests From Congress Required.--
            (1) In general.--Except as provided in paragraph (3), in 
        addition to providing material under subsection (a), the 
        National Intelligence Director, the Director of the National 
        Counterterrorism Center, or the Director of a national 
        intelligence center shall, not later than 15 days after 
        receiving a request for any intelligence assessment, report, or 
        estimate or other intelligence information from the committees 
        and Members of Congress specified in subsection (c), or any 
        other committee of Congress with jurisdiction over the subject 
        matter to which the information relates, make available to such 
        committee such intelligence assessment, report, or estimate or 
        other intelligence information.
            (2) Certain members.--In addition to requests described in 
        paragraph (1), the National Intelligence Director shall respond 
        to requests from the Chairman and Vice Chairman of the Select 
        Committee on Intelligence of the Senate and the Chairman and 
        Ranking Member of the Permanent Select Committee on 
        Intelligence of the House of Representatives, the Speaker of 
        the House of Representatives and the Majority Leader and the 
        Minority Leader of the House of Representatives, and the 
        Majority Leader and the Minority Leader of the Senate. Upon 
        making a report covered by this paragraph--
                    ``(A) the Chairman, Vice Chairman, or Ranking 
                Member, as the case may be, of such a committee shall 
                notify the other of the Chairman, Vice Chairman, or 
                Ranking Member, as the case may be, of such committee 
                of such request;
                    ``(B) the Speaker of the House of Representatives 
                and the Majority Leader of the House of Representatives 
                or the Minority Leader of the House of Representatives 
                shall notify the other or others, as the case may be, 
                of such request; and
                    ``(C) the Majority Leader and Minority Leader of 
                the Senate shall notify the other of such request.
            (3) Assertions of privilege.--In response to requests 
        described under paragraph (1) or (2), the National Intelligence 
        Director, the Director of the National Counterterrorism Center, 
        or the Director of a national intelligence center shall provide 
        information, unless the President certifies that such 
        information is not being provided because the President is 
        asserting a privilege pursuant to the United States 
        Constitution.
    (c) Committees and Members of Congress.--The committees and Members 
of Congress specified in this subsection are--
            (1) the Select Committee on Intelligence of the Senate;
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives;
            (3) the Speaker of the House of Representatives and the 
        Majority Leader and the Minority Leader of the House of 
        Representatives; and
            (4) the Majority Leader and the Minority Leader of the 
        Senate.

SEC. 225. COMMUNICATIONS WITH CONGRESS.

    (a) Disclosure of Certain Information Authorized.--
            (1) In general.--Employees of covered agencies and 
        employees of contractors carrying out activities under 
        classified contracts with covered agencies may disclose 
        information described in paragraph (2) to the individuals 
        referred to in paragraph (3) without first reporting such 
        information to the appropriate Inspector General.
            (2) Covered information.--
                    (A) In general.--Except as provided in subparagraph 
                (B), paragraph (1) applies to information, including 
                classified information, that an employee reasonably 
                believes provides direct and specific evidence of--
                            (i) a false or inaccurate statement to 
                        Congress contained in any intelligence 
                        assessment, report, or estimate; or
                            (ii) the withholding from Congress of any 
                        intelligence information material to any 
                        intelligence assessment, report, or estimate.
                    (B) Exception.--Paragraph (1) does not apply to 
                information the disclosure of which is prohibited by 
                rule 6(e) of the Federal Rules of Criminal Procedure.
            (3) Covered individuals.--
                    (A) In general.--The individuals to whom 
                information in paragraph (2) may be disclosed are--
                            (i) a Member of a committee of Congress 
                        having primary responsibility for oversight of 
                        a department, agency, or element of the United 
                        States Government to which the disclosed 
                        information relates and who is authorized to 
                        receive information of the type disclosed;
                            (ii) the Speaker of the House of 
                        Representatives and the Majority Leader and the 
                        Minority Leader of the House of 
                        Representatives;
                            (iii) the Majority Leader and the Minority 
                        Leader of the Senate;
                            (iv) any other Member of Congress who is 
                        authorized to receive information of the type 
                        disclosed; and
                            (v) an employee of Congress who has the 
                        appropriate security clearance and is 
                        authorized to receive information of the type 
                        disclosed.
                    (B) Presumption of need for information.--An 
                individual described in subparagraph (A) to whom 
                information is disclosed under paragraph (2) shall be 
                presumed to have a need to know such information.
    (b) Construction With Other Reporting Requirements.--Nothing in 
this section may be construed to modify, alter, or otherwise affect--
            (1) any reporting requirement relating to intelligence 
        activities that arises under this Act, the National Security 
        Act of 1947 (50 U.S.C. 401 et seq.), or any other provision of 
        law; or
            (2) the right of any employee of the United States 
        Government to disclose to Congress in accordance with 
        applicable law information not described in this section.
    (c) Covered Agencies Defined.--In this section, the term ``covered 
agencies'' means the following:
            (1) The National Intelligence Authority, including the 
        National Counterterrorism Center.
            (2) The Central Intelligence Agency.
            (3) The Defense Intelligence Agency.
            (4) The National Geospatial-Intelligence Agency.
            (5) The National Security Agency.
            (6) The Federal Bureau of Investigation.
            (7) Any other Executive agency, or element or unit thereof, 
        determined by the President under section 2302(a)(2)(C)(ii) of 
        title 5, United States Code, to have as its principal function 
        the conduct of foreign intelligence or counterintelligence 
        activities.

SEC. 226. CONGRESSIONAL APPEALS OF CLASSIFICATION DECISIONS.

    (a) Redesignation of Public Interest Declassification Board as 
Independent National Security Classification Board.--(1) Subsection (a) 
of section 703 of the Public Interest Declassification Act of 2000 
(title VII of Public Law 10-567; 50 U.S.C. 435 note) is amended by 
striking ```Public Interest Declassification Board''' and inserting 
```Independent National Security Classification Board'''.
    (2) The heading of such section is amended to read as follows:

``SEC. 703. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD.''.

    (b) Review of Classification Decisions.--
            (1) In general.--The Independent National Security 
        Classification Board shall, pursuant to a request under 
        paragraph (3), review any classification decision made by an 
        executive agency with respect to national security information.
            (2) Access.--The Board shall have access to all documents 
        or other materials that are classified on the basis of 
        containing national security information.
            (3) Requests for review.--The Board shall review, in a 
        timely manner, the existing or proposed classification of any 
        document or other material the review of which is requested by 
        the chairman or ranking member of--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, or the Select Committee on 
                Intelligence of the Senate; or
                    (B) the Committee on Armed Services, the Committee 
                on International Relations, or the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.
            (4) Recommendations.--
                    (A) In general.--The Board may make recommendations 
                to the President regarding decisions to classify all or 
                portions of documents or other material for national 
                security purposes or to declassify all or portions of 
                documents or other material classified for such 
                purposes.
                    (B) Implementation.--Upon receiving a 
                recommendation from the Board under subparagraph (A), 
                the President shall either--
                            (i) accept and implement such 
                        recommendation; or
                            (ii) not later than 60 days after receiving 
                        the recommendation if the President does not 
                        accept and implement such recommendation, 
                        transmit in writing to Congress justification 
                        for the President's decision not to implement 
                        such recommendation.
            (5) Regulations.--The Board shall prescribe regulations to 
        carry out this subsection.
            (6) Executive agency defined.--In this section, the term 
        ``Executive agency'' has the meaning given that term in section 
        105 of title 5, United States Code .

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

SEC. 231. SHORT TITLE.

    This title may be cited as the ``Homeland Security Civil Rights and 
Civil Liberties Protection Act of 2004''.

SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECURITY.

    Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
111(b)(1)) is amended--
            (1) in subparagraph (F), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) ensure that the civil rights and civil 
                liberties of persons are not diminished by efforts, 
                activities, and programs aimed at securing the 
                homeland; and''.

SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

    Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C. 
345(a)) is amended--
            (1) by amending the matter preceding paragraph (1) to read 
        as follows:
    ``(a) In General.--The Officer for Civil Rights and Civil 
Liberties, who shall report directly to the Secretary, shall--'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) review and assess information concerning abuses of 
        civil rights, civil liberties, and profiling on the basis of 
        race, ethnicity, or religion, by employees and officials of the 
        Department;'';
            (3) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(3) assist the Secretary, directorates, and offices of 
        the Department to develop, implement, and periodically review 
        Department policies and procedures to ensure that the 
        protection of civil rights and civil liberties is appropriately 
        incorporated into Department programs and activities;
            ``(4) oversee compliance with constitutional, statutory, 
        regulatory, policy, and other requirements relating to the 
        civil rights and civil liberties of individuals affected by the 
        programs and activities of the Department;
            ``(5) coordinate with the Privacy Officer to ensure that--
                    ``(A) programs, policies, and procedures involving 
                civil rights, civil liberties, and privacy 
                considerations are addressed in an integrated and 
                comprehensive manner; and
                    ``(B) Congress receives appropriate reports 
                regarding such programs, policies, and procedures; and
            ``(6) investigate complaints and information indicating 
        possible abuses of civil rights or civil liberties, unless the 
        Inspector General of the Department determines that any such 
        complaint or information should be investigated by the 
        Inspector General.''.

SEC. 234. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF 
              INSPECTOR GENERAL.

    Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following:
    ``(f)(1) The Inspector General of the Department of Homeland 
Security shall designate a senior official within the Office of 
Inspector General, who shall be a career member of the civil service at 
the equivalent to the GS-15 level or a career member of the Senior 
Executive Service, to perform the functions described in paragraph (2).
    ``(2) The senior official designated under paragraph (1) shall--
            ``(A) coordinate the activities of the Office of Inspector 
        General with respect to investigations of abuses of civil 
        rights or civil liberties;
            ``(B) receive and review complaints and information from 
        any source alleging abuses of civil rights and civil liberties 
        by employees or officials of the Department and employees or 
        officials of independent contractors or grantees of the 
        Department;
            ``(C) initiate investigations of alleged abuses of civil 
        rights or civil liberties by employees or officials of the 
        Department and employees or officials of independent 
        contractors or grantees of the Department;
            ``(D) ensure that personnel within the Office of Inspector 
        General receive sufficient training to conduct effective civil 
        rights and civil liberties investigations;
            ``(E) consult with the Officer for Civil Rights and Civil 
        Liberties regarding--
                    ``(i) alleged abuses of civil rights or civil 
                liberties; and
                    ``(ii) any policy recommendations regarding civil 
                rights and civil liberties that may be founded upon an 
                investigation by the Office of Inspector General;
            ``(F) provide the Officer for Civil Rights and Civil 
        Liberties with information regarding the outcome of 
        investigations of alleged abuses of civil rights and civil 
        liberties;
            ``(G) refer civil rights and civil liberties matters that 
        the Inspector General decides not to investigate to the Officer 
        for Civil Rights and Civil Liberties;
            ``(H) ensure that the Office of the Inspector General 
        publicizes and provides convenient public access to information 
        regarding--
                    ``(i) the procedure to file complaints or comments 
                concerning civil rights and civil liberties matters; 
                and
                    ``(ii) the status of corrective actions taken by 
                the Department in response to Office of the Inspector 
                General reports; and
            ``(I) inform the Officer for Civil Rights and Civil 
        Liberties of any weaknesses, problems, and deficiencies within 
        the Department relating to civil rights or civil liberties.''.

SEC. 235. PRIVACY OFFICER.

    Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is 
amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        who shall report directly to the Secretary,'' after ``in the 
        Department'';
            (2) in paragraph (4), by striking ``and'' at the end;
            (3) by redesignating paragraph (5) as paragraph (6); and
            (4) by inserting after paragraph (4) the following:
            ``(5) coordinating with the Officer for Civil Rights and 
        Civil Liberties to ensure that--
                    ``(A) programs, policies, and procedures involving 
                civil rights, civil liberties, and privacy 
                considerations are addressed in an integrated and 
                comprehensive manner; and
                    ``(B) Congress receives appropriate reports on such 
                programs, policies, and procedures; and''.

  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.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by striking sections 102 through 104 and 
inserting the following new sections:

                     ``central intelligence agency

    ``Sec. 102. (a) Central Intelligence Agency.--There is a Central 
Intelligence Agency.
    ``(b) Function.--The function of the Central Intelligence Agency is 
to assist the Director of the Central Intelligence Agency in carrying 
out the responsibilities specified in section 103(d).

             ``director of the central intelligence agency

    ``Sec. 103. (a) Director of Central Intelligence Agency.--There is 
a Director of the Central Intelligence Agency who shall be appointed by 
the President, by and with the advice and consent of the Senate.
    ``(b) Supervision.--The Director of the Central Intelligence Agency 
shall report to the National Intelligence Director regarding the 
activities of the Director of the Central Intelligence Agency.
    ``(c) Duties.--The Director of the Central Intelligence Agency 
shall--
            ``(1) serve as the head of the Central Intelligence Agency; 
        and
            ``(2) carry out the responsibilities specified in 
        subsection (d).
    ``(d) Responsibilities.--The Director of the Central Intelligence 
Agency shall--
            ``(1) collect intelligence through human sources and by 
        other appropriate means, except that the Director of the 
        Central Intelligence Agency shall have no police, subpoena, or 
        law enforcement powers or internal security functions;
            ``(2) correlate and evaluate intelligence related to the 
        national security and provide appropriate dissemination of such 
        intelligence;
            ``(3) provide overall direction for and coordination of the 
        collection of national intelligence outside the United States 
        through human sources by elements of the intelligence community 
        authorized to undertake such collection and, in coordination 
        with other departments, agencies, or elements of the United 
        States Government which are authorized to undertake such 
        collection, ensure that the most effective use is made of 
        resources and that appropriate account is taken of the risks to 
        the United States and those involved in such collection; and
            ``(4) perform such other functions and duties related to 
        intelligence affecting the national security as the President 
        or the National Intelligence Director may direct.
    ``(e) Termination of Employment of CIA Employees.--(1) 
Notwithstanding the provisions of any other law, the Director of the 
Central Intelligence Agency may, in the discretion of the Director, 
terminate the employment of any officer or employee of the Central 
Intelligence Agency whenever the Director considers the termination of 
employment of such officer or employee necessary or advisable in the 
interests of the United States.
    ``(2) Any termination of employment of an officer or employee under 
paragraph (1) shall not affect the right of the officer or employee to 
seek or accept employment in any other department, agency, or element 
of the United States Government if declared eligible for such 
employment by the Office of Personnel Management.
    ``(f) Coordination With Foreign Governments.--Under the direction 
of the National Intelligence Director and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the 
Director of the Central Intelligence Agency shall coordinate the 
relationships between elements of the intelligence community and the 
intelligence or security services of foreign governments or 
international organizations on all matters involving intelligence 
related to the national security.''
    (b) Transformation of Central Intelligence Agency.--The Director of 
the Central Intelligence Agency shall, in accordance with standards 
developed by the Director in consultation with the National 
Intelligence Director--
            (1) enhance the analytic, human intelligence, and other 
        capabilities of the Central Intelligence Agency;
            (2) develop and maintain an effective language program 
        within the Agency;
            (3) emphasize the hiring of personnel of diverse 
        backgrounds for purposes of improving the capabilities of the 
        Agency;
            (4) establish and maintain effective relationships between 
        human intelligence and signals intelligence within the Agency 
        at the operational level; and
            (5) achieve a more effective balance within the Agency with 
        respect to unilateral operations and liaison operations.
    (c) Reports.--(1) Not later than 180 days after the effective date 
of this section, and annually thereafter, the Director of the Central 
Intelligence Agency shall submit to the National Intelligence Director 
and the congressional intelligence committees a report setting forth 
the following:
            (A) A strategy for improving the conduct of analysis 
        (including strategic analysis) by the Central Intelligence 
        Agency, and the progress of the Agency in implementing the 
        strategy.
            (B) A strategy for improving the human intelligence and 
        other capabilities of the Agency, and the progress of the 
        Agency in implementing the strategy, including--
                    (i) the recruitment, training, equipping, and 
                deployment of personnel required to address the current 
                and projected threats to the national security of the 
                United States during each of the 2-year, 5-year, and 
                10-year periods beginning on the date of such report, 
                including personnel with the backgrounds, education, 
                and experience necessary for ensuring a human 
                intelligence capability adequate for such projected 
                threats;
                    (ii) the achievement of a proper balance between 
                unilateral operations and liaison operations;
                    (iii) the development of language capabilities 
                (including the achievement of high standards in such 
                capabilities by the use of financial incentives and 
                other mechanisms);
                    (iv) the sound financial management of the 
                Directorate of Operations; and
                    (v) the identification of other capabilities 
                required to address the current and projected threats 
                to the national security of the United States during 
                each of the 2-year, 5-year, and 10-year periods 
                beginning on the date of such report.
            (C) In conjunction with the Director of the National 
        Security Agency, a strategy for achieving integration between 
        signals and human intelligence capabilities, and the progress 
        in implementing the strategy.
            (D) Metrics and milestones for measuring progress in the 
        implementation of each such strategy.
    (2)(A) The information in each report under paragraph (1) on the 
element of the strategy referred to in paragraph (1)(B)(i) shall 
identify the number and types of personnel required to implement the 
strategy during each period addressed in such report, include a plan 
for the recruitment, training, equipping, and deployment of such 
personal, and set forth an estimate of the costs of such activities.
    (B) If as of the date of a report under paragraph (1), a proper 
balance does not exist between unilateral operations and liaison 
operations, such report shall set forth the steps to be taken to 
achieve such balance.
    (C) The information in each report under paragraph (1) on the 
element of the strategy referred to in paragraph (1)(B)(v) shall 
identify the other capabilities required to implement the strategy 
during each period addressed in such report, include a plan for 
developing such capabilities, and set forth an estimate of the costs of 
such activities.

SEC. 302. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL 
              INTELLIGENCE DIRECTOR AND DIRECTOR OF THE CENTRAL 
              INTELLIGENCE AGENCY.

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

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

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

SEC. 303. OTHER CONFORMING AMENDMENTS.

    (a) National Security Act of 1947.--(1) Section 101(j) of the 
National Security Act of 1947 (50 U.S.C. 402(j)) is amended by striking 
``Deputy Director of Central Intelligence'' and inserting ``Principal 
Deputy National Intelligence Director''.
    (2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended 
by striking ``section 103(c)(6) of this Act'' and inserting ``section 
112(a)(14) of the National Intelligence Reform Act of 2004''.
    (3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by 
striking ``to the Deputy Director of Central Intelligence, or with 
respect to employees of the Central Intelligence Agency, the Director 
may delegate such authority to the Deputy Director for Operations'' and 
inserting ``to the Principal Deputy National Intelligence Director, or, 
with respect to employees of the Central Intelligence Agency, to the 
Director of the Central Intelligence Agency''.
    (4) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended 
by striking ``Reserve for Contingencies of the Central Intelligence 
Agency'' and inserting ``Reserve for Contingencies''.
    (5) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) is 
amended by striking ``Office of the Deputy Director of Central 
Intelligence'' and inserting ``Office of the National Intelligence 
Director''.
    (6) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended 
by striking ``or the Office of the Director of Central Intelligence'' 
and inserting ``the Office of the Director of the Central Intelligence 
Agency, or the Office of the National Intelligence Director''.
    (7) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by 
striking ``Assistant Director of Central Intelligence for 
Administration'' and inserting ``Office of the National Intelligence 
Director''.
    (b) Central Intelligence Agency Act of 1949.--Section 6 of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by 
striking ``section 103(c)(7) of the National Security Act of 1947 (50 
U.S.C. 403-3(c)(7))'' and inserting ``section 112(a)(14) of the 
National Intelligence Reform Act of 2004''.
    (c) Central Intelligence Agency Retirement Act.--Section 201(c) of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is 
amended by striking ``paragraph (6) of section 103(c) of the National 
Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of Central 
Intelligence'' and inserting ``section 112(a)(14) of the National 
Intelligence Reform Act of 2004 that the National Intelligence 
Director''.
    (d) Intelligence Authorization Acts.--
            (1) Public law 107-306.--Section 343(c) of the Intelligence 
        Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50 
        U.S.C. 404n-2(c)) is amended by striking ``section 103(c)(6) of 
        the National Security Act of 1947 (50 U.S.C. 403-3((c)(6))'' 
        and inserting ``section 112(a)(14) of the National Intelligence 
        Reform Act of 2004''.
            (2) Public law 108-177.--Section 317 of the Intelligence 
        Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 
        U.S.C. 403-3 note) is amended--
                    (A) in subsection (g), by striking ``Assistant 
                Director of Central Intelligence for Analysis and 
                Production'' and inserting ``Principal Deputy National 
                Intelligence Director''; and
                    (B) in subsection (h)(2)(C), by striking 
                ``Assistant Director'' and inserting ``Principal Deputy 
                National Intelligence Director''.

SEC. 304. MODIFICATION OF COUNTERINTELLIGENCE AND NATIONAL INTELLIGENCE 
              UNDER NATIONAL SECURITY ACT OF 1947.

    Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is 
amended--
            (1) by striking paragraph (3) and inserting the following 
        new paragraph (3):
            ``(3) The term `counterintelligence' means foreign 
        intelligence gathered, and information gathering activities 
        conducted, to protect against espionage, other intelligence 
        activities, sabotage, or assassinations conducted by or on 
        behalf of foreign governments or elements thereof, foreign 
        organizations, or foreign persons, or international terrorist 
        activities.''; and
            (2) in paragraph (5)(B)--
                    (A) by striking ``counterintelligence or''; and
                    (B) by striking ``expressly provided for in this 
                title'' and insert ``expressly provided for in law''.

SEC. 305. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY 
              ACT OF 1947.

    Paragraph (4) of section 3 of the National Security Act of 1947 (50 
U.S.C. 401a) is amended to read as follows:
            ``(4) The term `intelligence community' includes the 
        following:
                    ``(A) The National Intelligence Authority.
                    ``(B) The Central Intelligence Agency.
                    ``(C) The National Security Agency.
                    ``(D) The Defense Intelligence Agency.
                    ``(E) The National Geospatial-Intelligence Agency.
                    ``(F) The National Reconnaissance Office.
                    ``(G) Other offices within the Department of 
                Defense for the collection of specialized national 
                intelligence through reconnaissance programs.
                    ``(H) The intelligence elements of the Army, the 
                Navy, the Air Force, the Marine Corps, the Federal 
                Bureau of Investigation, and the Department of Energy.
                    ``(I) The Bureau of Intelligence and Research of 
                the Department of State.
                    ``(J) The Office of Intelligence and Analysis of 
                the Department of the Treasury.
                    ``(K) The elements of the Department of Homeland 
                Security concerned with the analysis of intelligence 
                information, including the Office of Intelligence of 
                the Coast Guard.
                    ``(L) Such other elements of any department or 
                agency as may be designated by the President, or 
                designated jointly by the National Intelligence 
                Director and the head of the department or agency 
                concerned, as an element of the intelligence 
                community.''.

SEC. 306. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS 
              NATIONAL INTELLIGENCE PROGRAM.

    (a) Redesignation.--Section 3 of the National Security Act of 1947 
(50 U.S.C. 401a), as amended by this Act, is further amended--
            (1) by striking paragraph (6); and
            (2) by redesignating paragraph (7) as paragraph (6).
    (b) Conforming Amendments.--(1) The National Security Act of 1947, 
as amended by this Act, is further amended by striking ``National 
Foreign Intelligence Program'' each place it appears in the following 
provisions and inserting ``National Intelligence Program'':
            (A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
            (B) Section 105(a)(3) (50 U.S.C. 403-5(a)(3)).
            (C) Section 506(a) (50 U.S.C. 415a(a)).
    (2) Section 17(f) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q(f)) is amended by striking ``National Foreign 
Intelligence Program'' and inserting ``National Intelligence Program''.
    (c) Heading Amendments.--(1) The heading of section 105 of that Act 
is amended to read as follows:

   ``responsibilities of the secretary of defense pertaining to the 
                    national intelligence program''.

    (2) The heading of section 506 of that Act is amended to read as 
follows:

   ``specificity of national intelligence program budget amounts for 
     counterterrorism, counterproliferation, counternarcotics, and 
                         counterintelligence''.

SEC. 307. CONFORMING AMENDMENTS ON RESPONSIBILITIES OF SECRETARY OF 
              DEFENSE PERTAINING TO NATIONAL INTELLIGENCE PROGRAM.

    Section 105(a) of the National Security Act of 1947 (50 U.S.C. 403-
5(a)) is amended--
            (1) in paragraph (1), by striking ``ensure'' and inserting 
        ``assist the Director in ensuring''; and
            (2) in paragraph (2), by striking ``appropriate''.

SEC. 308. REPEAL OF SUPERSEDED AUTHORITIES.

    (a) Appointment of Certain Intelligence Officials.--Section 106 of 
the National Security Act of 1947 (50 U.S.C. 403-6) is repealed.
    (b) Collection Tasking Authority.--Section 111 of the National 
Security Act of 1947 (50 U.S.C. 404f) is repealed.

SEC. 309. CONFORMING AMENDMENTS ON FUNDING OF INTELLIGENCE ACTIVITIES.

    Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is 
amended--
            (1) in subsection (a)(3)--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end;
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B); and
            (2) in subsection (e), by striking paragraph (2) and 
        inserting the following new paragraph (2):
            ``(2) the term `appropriate congressional committees' 
        means--
                    ``(A)(i) the Permanent Select Committee on 
                Intelligence and the Committee on Appropriations of the 
                House of Representatives; and
                    ``(ii) the Select Committee on Intelligence and the 
                Committee on Appropriations of the Senate;
                    ``(B) in the case of a transfer of funds to or 
                from, or a reprogramming within, the Department of 
                Defense--
                            ``(i) the committees and select committees 
                        referred to in subparagraph (A);
                            ``(ii) the Committee on Armed Services of 
                        the House of Representatives; and
                            ``(iii) the Committee on Armed Services of 
                        the Senate; and
                    ``(C) in the case of a transfer of funds to or 
                from, or a reprogramming within, the Federal Bureau of 
                Investigation--
                            ``(i) the committees and select committees 
                        referred to in subparagraph (A);
                            ``(ii) the Committee on the Judiciary of 
                        the House of Representatives; and
                            ``(iii) the Committee on the Judiciary of 
                        the Senate; and''.

SEC. 310. MODIFICATION OF DEFINITION OF CONGRESSIONAL INTELLIGENCE 
              COMMITTEES UNDER NATIONAL SECURITY ACT OF 1947.

    (a) In General.--Paragraph (7) of section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
            ``(7) The term `congressional intelligence committees' 
        means--
                    ``(A) the Select Committee on Intelligence of the 
                Senate;
                    ``(B) the Permanent Select Committee on 
                Intelligence of the House of Representatives;
                    ``(C) the Speaker of the House of Representatives 
                and the Majority Leader and the Minority Leader of the 
                House of Representatives; and
                    ``(D) the Majority Leader and the Minority Leader 
                of the Senate.''.
    (b) Funding of Intelligence Activities.--Paragraph (2) of section 
504(e) of that Act (50 U.S.C. 414(e)) is amended to read as follows:
            ``(2) the term `appropriate congressional committees' 
        means--
                    ``(A) the Select Committee on Intelligence and the 
                Committee on Appropriations of the Senate;
                    ``(B) the Permanent Select Committee on 
                Intelligence and the Committee on Appropriations of the 
                House of Representatives;
                    ``(C) the Speaker of the House of Representatives 
                and the Majority Leader and the Minority Leader of the 
                House of Representatives; and
                    ``(D) the Majority Leader and the Minority Leader 
                of the Senate;''.

SEC. 311. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.

    The table of contents for the National Security Act of 1947 is 
amended--
            (1) by inserting after the item relating to section 101 the 
        following new item:

``Sec. 101A. Joint Intelligence Community Council.'';
            (2) by striking the items relating to sections 102 through 
        104 and inserting the following new items:

``Sec. 102. Central Intelligence Agency.
``Sec. 103. Director of the Central Intelligence Agency.'';
            (3) by striking the item relating to section 105 and 
        inserting the following new item:

``Sec 105. Responsibilities of the Secretary of Defense pertaining to 
                            the National Intelligence Program.'';
            (4) by striking the item relating to section 114 and 
        inserting the following new item:

``Sec. 114. Additional annual reports from the National Intelligence 
                            Director.'';
            and
            (5) by striking the item relating to section 506 and 
        inserting the following new item:

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

SEC. 312. MODIFICATION OF AUTHORITIES RELATING TO NATIONAL 
              COUNTERINTELLIGENCE EXECUTIVE.

    (a) Appointment of National Counterintelligence Executive.--Section 
902(a) of the Counterintelligence Enhancement Act of 2002 (title IX of 
Public Law 107-306; 116 Stat,. 2432; 50 U.S.C. 402b) is amended--
            (1) by striking ``President'' and inserting ``National 
        Intelligence Director''; and
            (2) by striking ``Director of Central Intelligence'' and 
        inserting ``Director of the Central Intelligence Agency''.
    (b) Component of Office of National Intelligence Director.--Such 
section is further amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Component of Office of National Intelligence Director.--The 
National Counterintelligence Executive is a component of the Office of 
the National Intelligence Director under subtitle C of the National 
Intelligence Reform Act of 2004.''.
    (c) Duties.--Subsection (d) of such section, as redesignated by 
subsection (a)(1) of this section, is amended by adding at the end the 
following new paragraph:
            ``(5) To perform such other duties as may be provided under 
        section 132(b) of the National Intelligence Reform Act of 
        2004.''.
    (d) Office of National Counterintelligence Executive.--Section 904 
of the Counterintelligence Enhancement Act of 2002 (116 Stat. 2434; 50 
U.S.C. 402c) is amended--
            (1) by striking ``Office of the Director of Central 
        Intelligence'' each place it appears in subsections (c) and 
        (l)(1) and inserting ``Office of the National Intelligence 
        Director'';
            (2) by striking ``Director of Central Intelligence'' each 
        place it appears in subsections (e)(4), (e)(5), (h)(1), and 
        (h)(2) and inserting ``National Intelligence Director''; and
            (3) in subsection (m), by striking ``Director of Central 
        Intelligence'' and inserting ``National Intelligence Director, 
        the Director of the Central Intelligence Agency''.

SEC. 313. CONFORMING AMENDMENT RELATING TO CHIEF FINANCIAL OFFICER OF 
              THE NATIONAL INTELLIGENCE AUTHORITY.

    Section 901(b)(1) of title 31, United States Code, is amended by 
adding at the end the following new subparagraph:
            ``(Q) The National Intelligence Authority.''.

                 Subtitle B--Transfers and Terminations

SEC. 321. TRANSFER OF OFFICE OF DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE 
              FOR COMMUNITY MANAGEMENT.

    (a) Transfer.--There shall be transferred to the Office of the 
National Intelligence Director the staff of the Office of the Deputy 
Director of Central Intelligence for Community Management as of the 
date of the enactment of this Act, including all functions and 
activities discharged by the Office of the Deputy Director of Central 
Intelligence for Community Management as of that date.
    (b) Administration.--The National Intelligence Director shall 
administer the staff of the Office of the Deputy Director of Central 
Intelligence for Community Management after the date of the enactment 
of this Act as a component of the Office of the National Intelligence 
Director under section 121(d).

SEC. 322. TRANSFER OF NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

    (a) Transfer.--There shall be transferred to the Office of the 
National Intelligence Director the National Counterintelligence 
Executive and the Office of the National Counterintelligence Executive 
under the Counterintelligence Enhancement Act of 2002 (title IX of 
Public Law 107-306; 50 U.S.C. 402b et seq.), as amended by section 309 
of this Act, including all functions and activities discharged by the 
National Counterintelligence Executive and the Office of the National 
Counterintelligence Executive as of the date of the enactment of this 
Act.
    (b) Administration.--The National Intelligence Director shall treat 
the National Counterintelligence Executive, and administer the Office 
of the National Counterintelligence Executive, after the date of the 
enactment of this Act as components of the Office of the National 
Intelligence Director under section 121(c).

SEC. 323. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

    (a) Transfer.--There shall be transferred to the National 
Counterterrorism Center the Terrorist Threat Integration Center (TTIC), 
including all functions and activities discharged by the Terrorist 
Threat Integration Center as of the date of the enactment of this Act.
    (b) Administration.--The Director of the National Counterterrorism 
Center shall administer the Terrorist Threat Integration Center after 
the date of the enactment of this Act as a component of the Directorate 
of Intelligence of the National Counterterrorism Center under section 
143(g)(2).

SEC. 324. TERMINATION OF CERTAIN POSITIONS WITHIN THE CENTRAL 
              INTELLIGENCE AGENCY.

    (a) Termination.--The positions within the Central Intelligence 
Agency referred to in subsection (b) are hereby abolished.
    (b) Covered Positions.--The positions within the Central 
Intelligence Agency referred to in this subsection are as follows:
            (1) The Deputy Director of Central Intelligence for 
        Community Management.
            (2) The Assistant Director of Central Intelligence for 
        Collection.
            (3) The Assistant Director of Central Intelligence for 
        Analysis and Production.
            (4) The Assistant Director of Central Intelligence for 
        Administration.

                  Subtitle C--Other Transition Matters

SEC. 331. EXECUTIVE SCHEDULE MATTERS.

    (a) Executive Schedule Level I.--Section 5312 of title 5, United 
States Code, is amended by adding the end the following new item:
            ``National Intelligence Director.''.
    (b) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended--
            (1) by striking the item relating to the Director of 
        Central Intelligence; and
            (2) by adding at the end the following new items:
            ``The Director of the Central Intelligence Agency''.
            ``Deputy National Intelligence Directors (5).
            ``Director of the National Counterterrorism Center.''.
    (c) Executive Schedule Level III.--Section 5314 of title 5, United 
States Code, is amended by striking the item relating to the Deputy 
Directors of Central Intelligence and inserting the following new item:
            ``Deputy Director of the Central Intelligence Agency.''.
    (d) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by striking the item relating to the Assistant 
Directors of Central Intelligence.

SEC. 332. PRESERVATION OF INTELLIGENCE CAPABILITIES.

    The National Intelligence Director, the Director of the Central 
Intelligence Agency, and the Secretary of Defense shall jointly take 
such actions as are appropriate to preserve the intelligence 
capabilities of the United States during the establishment of the 
National Intelligence Authority under this Act.

SEC. 333. REORGANIZATION.

    (a) Reorganization.--The National Intelligence Director may, with 
the approval of the President and after consultation with the 
department, agency, or element concerned, allocate or reallocate 
functions among the officers of the National Intelligence Program, and 
may establish, consolidate, alter, or discontinue organizational units 
within the Program, but only after providing notice of such action to 
Congress, which shall include an explanation of the rationale for the 
action.
    (b) Limitation.--The authority under subsection (a) does not extend 
to any action inconsistent with law.
    (c) Congressional Review.--An action may be taken under the 
authority under subsection (a) only with the approval of the following:
            (1) Each of the congressional intelligence committees.
            (2) Each of the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Reform of the House of 
        Representatives.

SEC. 334. NATIONAL INTELLIGENCE DIRECTOR REPORT ON IMPLEMENTATION OF 
              INTELLIGENCE COMMUNITY REFORM.

    Not later than one year after the date of the enactment of this 
Act, the National Intelligence Director shall submit to Congress a 
report on the progress made in the implementation of this Act, 
including the amendments made by this Act. The report shall include a 
comprehensive description of the progress made, and may include such 
recommendations for additional legislative or administrative action as 
the Director considers appropriate.

SEC. 335. COMPTROLLER GENERAL REPORTS ON IMPLEMENTATION OF INTELLIGENCE 
              COMMUNITY REFORM.

    (a) Reports.--(1) Not later than two years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a comprehensive report on the implementation 
of this Act and the amendments made by this Act.
    (2) The Comptroller General may submit to Congress at any time 
during the two-year period beginning on the date of the enactment of 
this Act, such reports on the progress made in the implementation of 
this Act and the amendments made by this Act as the Comptroller General 
considers appropriate.
    (b) Report Elements.--Each report under subsection (a) shall 
include the following:
            (1) The assessment of the Comptroller General of the 
        progress made in the implementation of this Act (and the 
        amendments made by this Act) as of the date of such report.
            (2) A description of any delays or other shortfalls in the 
        implementation of this Act that have been identified by the 
        Comptroller General.
            (3) Any recommendations for additional legislative or 
        administrative action that the Comptroller General considers 
        appropriate.
    (c) Agency Cooperation.--Each department, agency, and element of 
the United States Government shall cooperate with the Comptroller 
General in the assessment of the implementation of this Act, and shall 
provide the Comptroller General timely and complete access to relevant 
documents in accordance with section 716 of title 31, United States 
Code.

SEC. 336. NATIONAL INTELLIGENCE COUNCIL REPORT ON METHODOLOGIES 
              UTILIZED FOR NATIONAL INTELLIGENCE ESTIMATES.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the National Intelligence Council shall submit 
to Congress a report that includes the following:
            (1) The methodologies utilized for the initiation, 
        drafting, publication, coordination, and dissemination of the 
        results of National Intelligence Estimates (NIEs).
            (2) Such recommendations as the Council considers 
        appropriate regarding improvements of the methodologies 
        utilized for National Intelligence Estimates in order to ensure 
        the timeliness of such Estimates and ensure that such Estimates 
        address the national security and intelligence priorities and 
        objectives of the President and the National Intelligence 
        Director.
    (b) Form.--The report under subsection (a) shall be submitted in an 
unclassified form, but may include a classified annex.

SEC. 337. NATIONAL INTELLIGENCE DIRECTOR REPORT ON NATIONAL 
              COUNTERTERRORISM CENTER.

    (a) Report.--Not later than one year after the date of the 
establishment of the National Counterterrorism Center under section 
143, the National Intelligence Director shall submit to Congress a 
report evaluating the effectiveness of the Center in achieving its 
primary missions under subsection (d) of that section.
    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) An assessment of the effectiveness of the National 
        Counterterrorism Center in achieving its primary missions.
            (2) An assessment of the effectiveness of the authorities 
        of the Center in contributing to the achievement of its primary 
        missions, including authorities relating to personnel and 
        staffing, funding, information sharing, and technology.
            (3) An assessment of the relationships between the Center 
        and the other elements and components of the intelligence 
        community.
            (4) An assessment of the extent to which the Center 
        provides an appropriate model for the establishment of national 
        intelligence centers under section 144.
    (c) Form.--The report under subsection (a) shall be submitted in an 
unclassified form, but may include a classified annex.

SEC. 338. COMPONENTS OF NATIONAL INTELLIGENCE PROGRAM.

    (a) In General.--Notwithstanding any other provision of this Act, 
the National Intelligence Program shall consist of all programs, 
projects, and activities that are part of the National Foreign 
Intelligence Program as of the effective date of this section.
    (b) Joint Review of Certain Programs.--(1) The National 
Intelligence Director and the Secretary of Defense shall jointly review 
the programs, projects, and activities as follows:
            (A) The programs, projects, and activities within the Joint 
        Military Intelligence Program as of the effective date of this 
        section.
            (B) The programs, projects, and activities within the 
        Tactical Intelligence and Related Activities program as of the 
        effective date of this section.
            (C) The programs, projects, and activities of the Defense 
        Intelligence Agency as of the effective date of this section 
        that support the intelligence staff of the Chairman of the 
        Joint Chiefs of Staff, the intelligence staffs of the unified 
        combatant commands, and the portions of the sensitive 
        compartmented communications systems that support components of 
        the Department of Defense.
    (2) As part of the review under paragraph (1), the Director shall 
consult with the head of each element of the intelligence community.
    (3)(A) The review under paragraph (1) with respect to the programs, 
projects, and activities referred to in paragraph (1)(C) shall be 
completed not later than 60 days after the date on which the first 
individual nominated as National Intelligence Director after the date 
of the enactment of this Act is confirmed by the Senate.
    (B) Upon completion of the review under paragraph (1) of the 
programs, projects, and activities referred to in paragraph (1)(C), the 
Director shall submit to the President recommendations regarding the 
programs, projects, or activities, if any, referred to in paragraph 
(1)(C) to be included in the National Intelligence Program, together 
with any comments that the Secretary of Defense considers appropriate.
    (C) During the period of the review under paragraph (1) of the 
programs, projects, and activities referred to in paragraph (1)(C), no 
action shall be taken that would have the effect of prejudicing the 
outcome of such review.
    (4)(A) The review under paragraph (1) with respect to the programs, 
projects, and activities referred to in subparagraphs (A) and (B) of 
paragraph (1) shall be completed not later than one year after the 
effective date of this section.
    (B) Upon completion of the review under paragraph (1) of the 
programs, projects, and activities referred to in subparagraphs (A) and 
(B) of paragraph (1), the Director shall submit to the President 
recommendations regarding the programs, projects, or activities, if 
any, referred to in such subparagraphs to be included in the National 
Intelligence Program, together with any comments that the Secretary of 
Defense considers appropriate.

SEC. 339. GENERAL REFERENCES.

    (a) Director of Central Intelligence as Head of Intelligence 
Community.--Any reference to the Director of Central Intelligence or 
the Director of the Central Intelligence Agency in the Director's 
capacity as the head of the intelligence community in any law, 
regulation, document, paper, or other record of the United States shall 
be deemed to be a reference to the National Intelligence Director.
    (b) Director of Central Intelligence as Head of CIA.--Any reference 
to the Director of Central Intelligence or the Director of the Central 
Intelligence Agency in the Director's capacity as the head of the 
Central Intelligence Agency in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Director of the Central Intelligence Agency.
    (c) Office of the Deputy Director of Central Intelligence for 
Community Management.--Any reference to the Office of the Deputy 
Director of Central Intelligence for Community Management in any law, 
regulation, document, paper, or other record of the United States shall 
be deemed to be a reference to the staff of such office within the 
Office of the National Intelligence Director under section 121.

                       Subtitle D--Effective Date

SEC. 341. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsections (b), (c), and 
(d), titles I through III of this Act, and the amendments made by such 
titles, shall take effect 180 days after the date of the enactment of 
this Act.
    (b) Specified Effective Dates.--(1) The provisions of section 206 
shall take effect as provided in such provisions.
    (2) The provisions of sections 211 and 212 shall take effect 90 
days after the date of the enactment of this Act.
    (c) Earlier Effective Date.--In order to safeguard the national 
security of the United States through rapid implementation of titles I 
through III of this Act while also ensuring a smooth transition in the 
implementation of such titles, the President may provide that titles I 
through III of this Act (including the amendments made by such titles), 
or one or more particular provisions of such titles (including the 
amendments made by such provision or provisions), shall take effect on 
such date that is earlier than the date otherwise provided under 
subsection (a) as the President shall specify.
    (d) Delayed Effective Date.--(1) Except with respect to a provision 
specified in subsection (b), the President may extend the effective 
date of a provision of titles I through III of this Act (including the 
amendments made by such provision) for any period up to 180 days after 
the effective date otherwise provided by this section for such 
provision.
    (2) The President may extend the effective date of a provision 
under paragraph (1) only if the President determines that the extension 
is necessary to safeguard the national security of the United States 
and after balancing the need for a smooth transition in the 
implementation of titles I through III of this Act against the need for 
a rapid implementation of such titles.
    (e) Notification of Effective Dates.--If the President exercises 
the authority in subsection (c) or (d), the President shall--
            (1) notify Congress of the exercise of such authority; and
            (2) publish in the Federal Register notice of the earlier 
        or delayed effective date or dates involved, including each 
        provision (and amendment) covered by such earlier or delayed 
        effective date.

                       Subtitle E--Other Matters

SEC. 351. SEVERABILITY.

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

SEC. 352. AUTHORIZATION OF APPROPRIATIONS.

    There are specifically authorized to be appropriated for fiscal 
year 2005 such sums as may be necessary to carry out this Act and the 
amendments made by this Act.

                   TITLE IV--TRANSPORTATION SECURITY

SEC. 401. WATCHLISTS FOR PASSENGERS ABOARD VESSELS.

    (a) In General.--As soon as practicable but not later than 180 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security shall--
            (1) implement a procedure under which the Department of 
        Homeland Security compares information about passengers and 
        crew who are to be carried aboard a cruise ship with a 
        comprehensive, consolidated database containing information 
        about known or suspected terrorists and their associates;
            (2) use the information obtained by comparing the passenger 
        and crew information with the information in the database to 
        prevent known or suspected terrorists and their associates from 
        boarding such vessels or to subject them to specific additional 
        security scrutiny, through the use of ``no transport'' and 
        ``automatic selectee'' lists or other means; and
            (3) if not practicable, enforcement of subsection (2) shall 
        be waived for cruise ships embarking at foreign ports.
    (b) Cooperation from Operators of Passenger Vessels.--The Secretary 
of Homeland Security shall by rulemaking require operators of cruise 
ships to provide the passenger and crew information necessary to 
implement the procedure required by subsection (a).
    (c) Maintaining the Accuracy and Integrity of the ``No Transport'' 
and ``Automatic Selectee'' Lists.--
            (1) Watchlist database.--The Secretary of Homeland 
        Security, in consultation with the Director of the Federal 
        Bureau of Investigations, shall design guidelines, policies, 
        and operating procedures for the collection, removal, and 
        updating of data maintained, or to be maintained, in the 
        watchlist database described in subsection (a)(1) that are 
        designed to ensure the accuracy and integrity of the databases.
            (2) Accuracy of Entries.--In developing the ``no 
        transport'' and ``automatic selectee'' lists under subsection 
        (a)(1), the Secretary of Homeland Security shall establish a 
        simple and timely method for correcting erroneous entries, for 
        clarifying information known to cause false hits or 
        misidentification errors, and for updating relevant information 
        that is dispositive in the passenger and crew screening 
        process. The Secretary shall also establish a process to 
        provide an individual whose name is confused with, or similar 
        to, a name in the watchlist database with a means of 
        demonstrating that such individual is not the person named in 
        the database.
    (d) Cruise Ship Defined.--In this section, the term ``cruise ship'' 
shall be as defined in 33 CFR 104.105(a)(5) and (6) on the date of 
enactment of this Act.

                       TITLE V--AIR CARGO SAFETY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Air Cargo Security Improvement 
Act''.

SEC. 502. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    Section 44901(f) of title 49, United States Code, is amended to 
read as follows:
    ``(f) Cargo.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish systems to screen, inspect, or otherwise ensure the 
        security of all cargo that is to be transported in--
                    ``(A) passenger aircraft operated by an air carrier 
                or foreign air carrier in air transportation or 
                intrastate air transportation; or
                    ``(B) all-cargo aircraft in air transportation and 
                intrastate air transportation.
            ``(2) Strategic plan.--The Secretary shall develop a 
        strategic plan to carry out paragraph (1) within 6 months after 
        the date of enactment of the Air Cargo Security Improvement 
        Act.
            ``(3) Pilot program.--The Secretary shall conduct a pilot 
        program of screening of cargo to assess the effectiveness of 
        different screening measures, including the use of random 
        screening. The Secretary shall attempt to achieve a 
        distribution of airport participation in terms of geographic 
        location and size.''.

SEC. 503. AIR CARGO SHIPPING.

    (a) In General.--Subchapter I of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 44925. Regular inspections of air cargo shipping facilities
    ``The Secretary of Homeland Security shall establish a system for 
the regular inspection of shipping facilities for shipments of cargo 
transported in air transportation or intrastate air transportation to 
ensure that appropriate security controls, systems, and protocols are 
observed, and shall enter into arrangements with the civil aviation 
authorities, or other appropriate officials, of foreign countries to 
ensure that inspections are conducted on a regular basis at shipping 
facilities for cargo transported in air transportation to the United 
States.''.
    (b) Additional Inspectors.--The Secretary may increase the number 
of inspectors as necessary to implement the requirements of title 49, 
United States Code, as amended by this subtitle.
    (c) Conforming Amendment.--The chapter analysis for chapter 449 of 
title 49, United States Code, is amended by adding at the end the 
following:

``44925. Regular inspections of air cargo shipping facilities''.

SEC. 504. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    (a) In General.--Subchapter I of chapter 449 of title 49, United 
States Code, is further amended by adding at the end the following:
``Sec.  44926. Air cargo security
    ``(a) Database.--The Secretary of Homeland Security shall establish 
an industry-wide pilot program database of known shippers of cargo that 
is to be transported in passenger aircraft operated by an air carrier 
or foreign air carrier in air transportation or intrastate air 
transportation. The Secretary shall use the results of the pilot 
program to improve the known shipper program.
    ``(b) Indirect air carriers.--
            ``(1) Random inspections.--The Secretary shall conduct 
        random audits, investigations, and inspections of indirect air 
        carrier facilities to determine if the indirect air carriers 
        are meeting the security requirements of this title.
            ``(2) Ensuring compliance.--The Secretary may take such 
        actions as may be appropriate to promote and ensure compliance 
        with the security standards established under this title.
            ``(3) Notice of failures.--The Secretary shall notify the 
        Secretary of Transportation of any indirect air carrier that 
        fails to meet security standards established under this title.
            ``(4) Withdrawal of security program approval.--The 
        Secretary may issue an order amending, modifying, suspending, 
        or revoking approval of a security program of an indirect air 
        carrier that fails to meet security requirements imposed by the 
        Secretary if such failure threatens the security of air 
        transportation or commerce. The affected indirect air carrier 
        shall be given notice and the opportunity to correct its 
        noncompliance unless the Secretary determines that an emergency 
        exists. Any indirect air carrier that has the approval of its 
        security program amended, modified, suspended, or revoked under 
        this section may appeal the action in accordance with 
        procedures established by the Secretary under this title.
            ``(5) Indirect air carrier.--In this subsection, the term 
        `indirect air carrier' has the meaning given that term in part 
        1548 of title 49, Code of Federal Regulations.
    ``(c) Consideration of Community Needs.--In implementing air cargo 
security requirements under this title, the Secretary may take into 
consideration the extraordinary air transportation needs of small or 
isolated communities and unique operational characteristics of carriers 
that serve those communities.''.
    (b) Assessment of Indirect Air Carrier Program.--The Secretary of 
Homeland Security shall assess the security aspects of the indirect air 
carrier program under part 1548 of title 49, Code of Federal 
Regulations, and report the result of the assessment, together with any 
recommendations for necessary modifications of the program to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure 
within 60 days after the date of enactment of this Act. The Secretary 
may submit the report and recommendations in classified form.
    (c) Report to Congress on Random Audits.--The Secretary of Homeland 
Security shall report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure on random screening, audits, and 
investigations of air cargo security programs based on threat 
assessments and other relevant information. The report may be submitted 
in classified form.
    (d) Conforming Amendment.--The chapter analysis for chapter 449 of 
title 49, United States Code, as amended by section 3, is amended by 
adding at the end the following:

``44926. Air cargo security''.

SEC. 505. TRAINING PROGRAM FOR CARGO HANDLERS.

    The Secretary of Homeland Security shall establish a training 
program for any persons that handle air cargo to ensure that the cargo 
is properly handled and safe-guarded from security breaches.

SEC. 506. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

    (a) In General.--The Secretary of Homeland Security shall establish 
a program requiring that air carriers operating all-cargo aircraft have 
an approved plan for the security of their air operations area, the 
cargo placed aboard such aircraft, and persons having access to their 
aircraft on the ground or in flight.
    (b) Plan Requirements.--The plan shall include provisions for--
            (1) security of each carrier's air operations areas and 
        cargo acceptance areas at the airports served;
            (2) background security checks for all employees with 
        access to the air operations area;
            (3) appropriate training for all employees and contractors 
        with security responsibilities;
            (4) appropriate screening of all flight crews and persons 
        transported aboard all-cargo aircraft;
            (5) security procedures for cargo placed on all-cargo 
        aircraft as provided in section 44901(f)(1)(B) of title 49, 
        United States Code; and
            (6) additional measures deemed necessary and appropriate by 
        the Secretary.
    (c) Confidential Industry Review and Comment.--
            (1) Circulation of proposed program.--The Secretary shall--
                    (A) propose a program under subsection (a) within 
                90 days after the date of enactment of this Act; and
                    (B) distribute the proposed program, on a 
                confidential basis, to those air carriers and other 
                employers to which the program will apply.
            (2) Comment period.--Any person to which the proposed 
        program is distributed under paragraph (1) may provide comments 
        on the proposed program to the Secretary not more than 60 days 
        after it was received.
            (3) Final program.--The Secretary of Homeland Security 
        shall issue a final program under subsection (a) not later than 
        90 days after the last date on which comments may be provided 
        under paragraph (2). The final program shall contain time 
        frames for the plans to be implemented by each air carrier or 
        employer to which it applies.
            (4) Suspension of procedural norms.--Neither chapter 5 of 
        title 5, United States Code, nor the Federal Advisory Committee 
        Act (5 U.S.C. App.) shall apply to the program required by this 
        section.

SEC. 507. PASSENGER IDENTIFICATION VERIFICATION.

    (a) Program Required.--The Secretary of Homeland Security may 
establish and carry out a program to require the installation and use 
at airports in the United States of the identification verification 
technologies the Secretary considers appropriate to assist in the 
screening of passengers boarding aircraft at such airports.
    (b) Technologies Employed.--The identification verification 
technologies required as part of the program under subsection (a) may 
include identification scanners, biometrics, retinal, iris, or facial 
scanners, or any other technologies that the Secretary considers 
appropriate for purposes of the program.
    (c) Commencement.--If the Secretary determines that the 
implementation of such a program is appropriate, the installation and 
use of identification verification technologies under the program shall 
commence as soon as practicable after the date of that determination.

                      TITLE VI--AVIATION SECURITY

SEC. 601. IMPROVED PILOT LICENSES.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Federal Aviation Administrator may develop a system for the 
issuance of any pilot's license issued more than 180 days after the 
date of enactment of this Act that--
            (1) are resistant to tampering, alteration, and 
        counterfeiting;
            (2) include a photograph of the individual to whom the 
        license is issued; and
            (3) are capable of accommodating a digital photograph, a 
        biometric measure, or other unique identifier that provides a 
        means of--
                    (A) ensuring its validity; and
                    (B) revealing whether any component or security 
                feature of the license has been compromised.
    (b) Use of Designees.--The Administrator of the Federal Aviation 
Administration may use designees to carry out subsection (a) to the 
extent feasible in order to minimize the burden of such requirements on 
pilots.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator for fiscal year 2005, $50,000,000 to 
carry out subsection (a).

SEC. 602. AIRCRAFT CHARTER CUSTOMER PRESCREENING.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, or as soon as practicable thereafter, the Secretary of Homeland 
Security shall establish a process by which operators of charter 
aircraft with a maximum takeoff weight of greater than 12,500 pounds 
may--
            (1) request the Transportation Security Administration to 
        compare information about any individual seeking to charter an 
        aircraft, and any passengers proposed to be transported aboard 
        the aircraft, with a comprehensive, consolidated database or 
        watchlist containing information about known or suspected 
        terrorists and their associates; and
            (2) refuse to charter an aircraft to or transport aboard 
        such aircraft any persons identified on such database or 
        watchlist.
    (b) Privacy Safeguards.--The Secretary shall take appropriate 
measures to ensure that--
            (1) the Transportation Security Administration does not 
        disclose information to any person engaged in the business of 
        chartering aircraft other than whether an individual compared 
        against government watchlists constitutes a flight security or 
        terrorism risk; and
            (2) an individual denied access to an aircraft is given an 
        opportunity to consult the Transportation Security 
        Administration for the purpose of correcting mis-identification 
        errors, resolve confusion resulting from names that are the 
        same as or similar to names on available government watchlists, 
        and address other information that is alleged to be erroneous, 
        that may have resulted in the denial.
    (c) Transfer.--The Secretary shall assess procedures to transfer 
responsibility for conducting reviews of any appropriate government 
watchlists under this section from persons engaged in the business of 
chartering air carriers to the public to the Secretary.
    (d) Authority of the Secretary.--Nothing in this section precludes 
the Secretary from requiring operators of charter aircraft to comply 
with security procedures, including those established under subsection 
(a), if the Secretary determines that such a requirement is necessary 
based on threat conditions.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out the provisions of this section.

SEC. 603. AIRCRAFT RENTAL CUSTOMER PRESCREENING.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, or as soon as practicable thereafter, the Secretary of Homeland 
Security shall establish a process by which operators of rental 
aircraft with a maximum takeoff weight of greater than 12,500 pounds 
may--
            (1) request the Transportation Security Administration to 
        compare information about any individual seeking to rent an 
        aircraft, and any passengers proposed to be transported aboard 
        the aircraft, with a comprehensive, consolidated database or 
        watchlist containing information about known or suspected 
        terrorists and their associates; and
            (2) refuse to rent an aircraft to or transport aboard such 
        aircraft any persons identified on such database or watchlist.
    (b) Privacy Safeguards.--The Secretary shall take appropriate 
measures to ensure that--
            (1) the Transportation Security Administration does not 
        disclose information to any person engaged in the business of 
        renting aircraft other than whether an individual compared 
        against government watchlists constitutes a flight security or 
        terrorism risk; and
            (2) an individual denied access to an aircraft is given an 
        opportunity to consult the Transportation Security 
        Administration for the purpose of correcting mis-identification 
        errors, resolve confusion resulting from names that are the 
        same as or similar to names on available government watchlists, 
        and address other information that is alleged to be erroneous, 
        that may have resulted in the denial.
    (c) Transfer.--The Secretary shall assess procedures to transfer 
responsibility for conducting reviews of any appropriate government 
watchlists under this section from persons engaged in the business of 
renting aircraft to the public to the Secretary.
    (d) Authority of the Secretary.--Nothing in this section precludes 
the Secretary from requiring operators of rental aircraft to comply 
with security procedures, including those established under subsection 
(a), if the Secretary determines that such a requirement is necessary 
based on threat conditions.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out the provisions of this section.

SEC. 604. REPORT ON RENTAL AND CHARTER CUSTOMER PRESCREENING 
              PROCEDURES.

    (a) In General.--Within 12 months after the date of enactment of 
this Act, the Secretary of Homeland Security shall transmit a report to 
Congress on the feasibility of extending the requirements of section --
02, section --03, or both sections to apply to aircraft with a maximum 
certificated takeoff weight of 12,500 pounds or less.
    (b) Issues Addressed.--The report shall--
            (1) examine the technology and communications systems 
        needed to carry out such procedures;
            (2) provide an analysis of the risks posed by such 
        aircraft; and
            (3) examine the operational impact of proposed procedures 
        on the commercial viability of that segment of charter and 
        rental aviation operations.

SEC. 605. AVIATION SECURITY STAFFING.

    (a) Staffing Level Standards.--
            (1) Development of standards.--Within 90 days after the 
        date of enactment of this Act, the Secretary of Homeland 
        Security, in consultation with the Secretary of Transportation 
        and Federal Security Directors, shall develop standards for 
        determining the appropriate aviation security staffing 
        standards for all commercial airports in the United States 
        necessary--
                    (A) to provide necessary levels of aviation 
                security; and
                    (B) to ensure that the average aviation security-
                related delay experienced by airline passengers is 
                minimized.
            (2) GAO analysis.--The Comptroller General shall, as soon 
        as practicable after the date on which the Secretary of 
        Homeland Security has developed standards under paragraph (1), 
        conduct an expedited analysis of the standards for 
        effectiveness, administrability, ease of compliance, and 
        consistency with the requirements of existing law.
            (3) Report to congress.--Within 120 days after the date of 
        enactment of this Act, the Secretary of Homeland Security and 
        the Comptroller General shall transmit a report to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure on the standards developed under paragraph (1), 
        together with recommendations for further improving the 
        efficiency and effectiveness of the screening process, 
        including the use of maximum time delay goals of no more than 
        10 minutes on the average.
    (b) Integration of Federal Airport Workforce and Aviation 
Security.--The Secretary of Homeland Security shall conduct a study of 
the feasibility of combining operations of Federal employees involved 
in screening at commercial airports and aviation security related 
functions under the aegis of the Department of Homeland Security in 
order to coordinate security-related activities, increase the 
efficiency and effectiveness of those activities, and increase 
commercial air transportation security.

SEC. 606. IMPROVED AIR CARGO AND AIRPORT SECURITY.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Homeland Security for the use of the Transportation 
Security Administration, in addition to any amounts otherwise 
authorized by law, for the purpose of improving aviation security 
related to the transportation of cargo on both passenger aircraft and 
all-cargo aircraft--
            (1) $200,000,000 for fiscal year 2005;
            (2) $200,000,000 for fiscal year 2006; and
            (3) $200,000,000 for fiscal year 2007.
    (b) Next-Generation Cargo Security Grant Program.--
            (1) In general.--The Secretary shall establish and carry 
        out a grant program to facilitate the development, testing, 
        purchase, and deployment of next-generation air cargo security 
        technology. The Secretary shall establish such eligibility 
        criteria, establish such application and administrative 
        procedures, and provide for such matching funding requirements, 
        if any, as may be necessary and appropriate to ensure that the 
        technology is deployed as fully and as rapidly as practicable.
            (2) Research and development; deployment.--To carry out 
        paragraph (1), there are authorized to be appropriated to the 
        Secretary for research and development related to next-
        generation air cargo security technology as well as for 
        deployment and installation of next-generation air cargo 
        security technology, such sums are to remain available until 
        expended--
                    (A) $100,000,000 for fiscal year 2005;
                    (B) $100,000,000 for fiscal year 2006; and
                    (C) $100,000,000 for fiscal year 2007.
    (c) Authorization for Expiring and New LOIs.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary $150,000,000 for each of fiscal years 2005 
        through 2007 to fund projects and activities for which letters 
        of intent are issued under section 44923 of title 49, United 
        States Code, after the date of enactment of this Act.
            (2) Period of reimbursement.--Notwithstanding any other 
        provision of law, the Secretary may provide that the period of 
        reimbursement under any letter of intent may extend for a 
        period not to exceed 10 years after the date that the Secretary 
        issues such letter, subject to the availability of 
        appropriations. This paragraph applies to letters of intent 
        issued under section 44923 of title 49, United States Code, or 
        section 367 of the Department of Transportation and Related 
        Agencies Appropriation Act, 2003 (49 U.S.C. 47110 note).
    (d) Reports.--The Secretary shall transmit an annual report for 
fiscal year 2005, fiscal year 2006, and fiscal year 2007 to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure on--
            (1) the progress being made toward, and the status of, 
        deployment and installation of next-generation air cargo 
        security technology under subsection (b); and
            (2) the amount and purpose of grants under subsection (b) 
        and the locations of projects funded by such grants.

SEC. 607. AIR CARGO SECURITY MEASURES.

    (a) Enhancement of Air Cargo Security.--The Secretary of Homeland 
Security, in consultation with the Secretary of Transportation, shall 
develop and implement a plan to enhance air cargo security at airports 
for commercial passenger and cargo aircraft that incorporates the 
recommendations made by the Cargo Security Working Group of the 
Aviation Security Advisory Committee.
    (b) Supply Chain Security.--The Administrator of the Transportation 
Security Administration shall--
            (1) promulgate regulations requiring the evaluation of 
        indirect air carriers and ground handling agents, including 
        background checks and checks against all Administration watch 
        lists; and
            (2) evaluate the potential efficacy of increased use of 
        canine detection teams to inspect air cargo on passenger and 
        all-cargo aircraft, including targeted inspections of high risk 
        items.
    (c) Increased Cargo Inspections.--Within 1 year after the date of 
enactment of this Act, the Secretary of Homeland Security shall require 
that the percentage of cargo screened or inspected is at least two-fold 
the percentage that is screened or inspected as of September 30, 2004.
    (c) All-Cargo Aircraft Security.--Subchapter I of chapter 449, 
United States Code, is amended by adding at the end the following:
``Sec. 44925. All-cargo aircraft security
    ``(a) Access to Flight Deck.--Within 180 days after the date of 
enactment of this Act, the Administrator of the Transportation Security 
Administration, in coordination with the Federal Aviation 
Administrator, shall--
            ``(1) issue an order (without regard to the provisions of 
        chapter 5 of title 5)--
                    ``(A) requiring, to the extent consistent with 
                engineering and safety standards, that all-cargo 
                aircraft operators engaged in air transportation or 
                intrastate air transportation maintain a barrier, which 
                may include the use of a hardened cockpit door, between 
                the aircraft flight deck and the aircraft cargo 
                compartment sufficient to prevent unauthorized access 
                to the flight deck from the cargo compartment, in 
                accordance with the terms of a plan presented to and 
                accepted by the Administrator of the Transportation 
                Security Administration in consultation with the 
                Federal Aviation Administrator; and
                    ``(B) prohibiting the possession of a key to a 
                flight deck door by any member of the flight crew who 
                is not assigned to the flight deck; and
            ``(2) take such other action, including modification of 
        safety and security procedures and flight deck redesign, as may 
        be necessary to ensure the safety and security of the flight 
        deck.
    ``(b) Screening and Other Measures.--Within 1 year after the date 
of enactment of this Act, the Administrator of the Transportation 
Security Administration, in coordination with the Federal Aviation 
Administrator, shall issue an order (without regard to the provisions 
of chapter 5 of title 5) requiring--
            ``(1) all-cargo aircraft operators engaged in air 
        transportation or intrastate air transportation to physically 
        screen each person, and that person's baggage and personal 
        effects, to be transported on an all-cargo aircraft engaged in 
        air transportation or intrastate air transportation;
            ``(2) each such aircraft to be physically searched before 
        the first leg of the first flight of the aircraft each day, or, 
        for inbound international operations, at aircraft operator's 
        option prior to the departure of any such flight for a point in 
        the United States; and
            ``(3) each such aircraft that is unattended overnight to be 
        secured or sealed or to have access stairs, if any, removed 
        from the aircraft.
    ``(c) Alternative Measures.--The Administrator of the 
Transportation Security Administration, in coordination with the 
Federal Aviation Administrator, may authorize alternative means of 
compliance with any requirement imposed under this section.''.
    (d) Conforming Amendment.--The subchapter analysis for subchapter I 
of chapter 449, United States Code, is amended by adding at the end the 
following:

``44925. All-cargo aircraft security.''.

SEC. 608. EXPLOSIVE DETECTION SYSTEMS.

    (a) In-Line Placement of Explosive-Detection Equipment.--Within 180 
days after the date of enactment of this Act, the Secretary of Homeland 
Security shall establish a schedule for replacing trace-detection 
equipment used for in-line baggage screening purposes as soon as 
practicable where appropriate with explosive detection system 
equipment. The Secretary shall notify the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure of the schedule and provide an 
estimate of the impact of replacing such equipment, facility 
modification and baggage conveyor placement, on aviation security-
related staffing needs and levels.
    (b) Next Generation EDS.--There are authorized to be appropriated 
to the Secretary of Homeland Security for the use of the Transportation 
Security Administration $100,000,000, in addition to any amounts 
otherwise authorized by law, for the purpose of research and 
development of next generation explosive detection systems for aviation 
security under section 44913 of title 49, United States Code. The 
Secretary shall develop a plan and guidelines for implementing improved 
explosive detection system equipment.
    (c) Portal Detection Systems.--There are authorized to be 
appropriated to the Secretary of Homeland Security for the use of the 
Transportation Security Administration $250,000,000, in addition to any 
amounts otherwise authorized by law, for research and development and 
installation of portal detection systems or similar devices for the 
detection of biological, radiological, and explosive materials. The 
Secretary of Homeland Security shall establish a pilot program at not 
more than 10 commercial service airports to evaluate the use of such 
systems.
    (d) Reports.--The Secretary shall transmit an annual report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure on 
research and development projects funded under subsection (b) or (c), 
and the pilot program established under subsection (c), including cost 
estimates for each phase of such projects and total project costs.

SEC. 609. AIR MARSHAL PROGRAM.

    (a) Cross-Training.--The Secretary of Homeland Security shall 
transmit to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure a report on the potential for cross-
training of individuals who serve as air marshals and on the need for 
providing contingency funding for air marshal operations.
    (b) Authorization of Additional Appropriations.--There are 
authorized to be appropriated to the Secretary of Homeland Security for 
the use of Inspections and Customs Enforcement, in addition to any 
amounts otherwise authorized by law, for the deployment of Federal Air 
Marshals under section 44917 of title 49, United States Code, 
$83,000,000 for the 3 fiscal year period beginning with fiscal year 
2005, such sums to remain available until expended.

SEC. 610. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY.

    Within 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security, in consultation with the Secretary of 
Transportation, shall transmit to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure a report on the present system for 
addressing lost, stolen, damaged, or pilfered baggage claims relating 
to air transportation security screening procedures. The report shall 
include--
            (1) information concerning the time it takes to settle such 
        claims under the present system;
            (2) a comparison and analysis of the number, frequency, and 
        nature of such claims before and after enactment of the 
        Aviation and Transportation Security Act using data provided by 
        the major United States airlines; and
            (3) recommendations on how to improve the involvement and 
        participation of the airlines in the baggage screening and 
        handling processes and better coordinate the activities of 
        Federal baggage screeners with airline operations.

SEC. 611. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY INFORMATION 
              SHARING RECOMMENDATIONS.

    Within 30 days after the date of enactment of this Act, the 
Secretary of Homeland Security, after consultation with the heads of 
Federal departments and agencies concerned, shall transmit to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure a 
report on implementation of recommendations contained in the General 
Accounting Office's report titled ``Homeland Security: Efforts To 
Improve Information Sharing Need To Be Strengthened'' (GAO-03-760), 
August, 2003.

SEC. 612. AVIATION SECURITY RESEARCH AND DEVELOPMENT.

    (a) Biometrics.--There are authorized to be appropriated to the 
Secretary of Homeland Security for the use of the Transportation 
Security Administration $20,000,000, in addition to any amounts 
otherwise authorized by law, for research and development of biometric 
technology applications to aviation security.
    (b) Biometrics Centers of Excellence.--There are authorized to be 
appropriated to the Secretary of Homeland Security for the use of the 
Transportation Security Administration $1,000,000, in addition to any 
amounts otherwise authorized by law, for the establishment of 
competitive centers of excellence at the national laboratories.

SEC. 613. PERIMETER ACCESS TECHNOLOGY.

    There are authorized to be appropriated to the Secretary of 
Homeland Security $100,000,000 for airport perimeter security 
technology, fencing, security contracts, vehicle tagging, and other 
perimeter security related operations, facilities, and equipment, such 
sums to remain available until expended.

SEC. 614. BEREAVEMENT FARES.

    (a) In General.--Chapter 415 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 41512. Bereavement fares.
    ``Air carriers shall offer, with appropriate documentation, 
bereavement fares to the public for air transportation in connection 
with the death of a relative or other relationship (as determined by 
the air carrier) and shall make such fares available, to the greatest 
extent practicable, at the lowest fare offered by the air carrier for 
the flight for which the bereavement fare is requested.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 415 is 
amended by inserting after the item relating to section 41511 the 
following:

        ``41512. Bereavement fares''.

SEC. 615. REVIEW AND REVISION OF PROHIBITED ITEMS LIST.

    Not later than 60 days after the date of enactment of this Act, the 
Transportation Security Administration shall complete a review of its 
Prohibited Items List, set forth in 49 C.F.R. 1540, and release a 
revised list that--
            (1) prohibits passengers from carrying butane lighters 
        onboard passenger aircraft; and
            (2) modifies the Prohibited Items List in such other ways 
        as the agency may deem appropriate.

SEC. 616. REPORT ON PROTECTING COMMERCIAL AIRCRAFT FROM THE THREAT OF 
              MAN-PORTABLE AIR DEFENSE SYSTEMS.

    (a) Requirement.--The Secretary of Homeland Security, in 
coordination with the head of the Transportation Security 
Administration and the Under Secretary for Science and Technology, 
shall prepare a report on protecting commercial aircraft from the 
threat of man-portable air defense systems (referred to in this section 
as ``MANPADS'').
    (b) Content.--The report required by subsection (a) shall include 
the following:
            (1) An estimate of the number of organizations, including 
        terrorist organizations, that have access to MANPADS and a 
        description of the risk posed by each organization.
            (2) A description of the programs carried out by the 
        Secretary of Homeland Security to protect commercial aircraft 
        from the threat posed by MANPADS.
            (3) An assessment of the effectiveness and feasibility of 
        the systems to protect commercial aircraft under consideration 
        by the Under Secretary for Science and Technology for use in 
        phase II of the counter-MANPADS development and demonstration 
        program.
            (4) A justification for the schedule of the implementation 
        of phase II of the counter-MANPADS development and 
        demonstration program.
            (5) An assessment of the effectiveness of other technology 
        that could be employed on commercial aircraft to address the 
        threat posed by MANPADS, including such technology that is--
                    (A) either active or passive;
                    (B) employed by the Armed Forces; or
                    (C) being assessed or employed by other countries.
            (6) An assessment of alternate technological approaches to 
        address such threat, including ground-based systems.
            (7) A discussion of issues related to any contractor 
        liability associated with the installation or use of technology 
        or systems on commercial aircraft to address such threat.
            (8) A description of the strategies that the Secretary may 
        employ to acquire any technology or systems selected for use on 
        commercial aircraft at the conclusion of phase II of the 
        counter-MANPADS development and demonstration program, 
        including--
                    (A) a schedule for purchasing and installing such 
                technology or systems on commercial aircraft; and
                    (B) a description of--
                            (i) the priority in which commercial 
                        aircraft will be equipped with such technology 
                        or systems;
                            (ii) any efforts to coordinate the 
                        schedules for installing such technology or 
                        system with private airlines;
                            (iii) any efforts to ensure that aircraft 
                        manufacturers integrate such technology or 
                        systems into new aircraft; and
                            (iv) the cost to operate and support such 
                        technology or systems on a commercial aircraft.
            (9) A description of the plan to expedite the use of 
        technology or systems on commercial aircraft to address the 
        threat posed by MANPADS if intelligence or events indicate that 
        the schedule for the use of such technology or systems, 
        including the schedule for carrying out development and 
        demonstration programs by the Secretary, should be expedited.
            (10) A description of the efforts of the Secretary to 
        survey and identify the areas at domestic and foreign airports 
        where commercial aircraft are most vulnerable to attack by 
        MANPADS.
            (11) A description of the cooperation between the Secretary 
        and the Administrator of the Federal Aviation Administration to 
        certify the airworthiness and safety of technology and systems 
        to protect commercial aircraft from the risk posed by MANPADS 
        in an expeditious manner.
    (c) Transmission to Congress.--The report required by subsection 
(a) shall be transmitted to Congress along with the budget for fiscal 
year 2006 submitted by the President pursuant to section 1105(a) of 
title 31, United States Code.

SEC. 617. SCREENING DEVICES TO DETECT CHEMICAL AND PLASTIC EXPLOSIVES.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall provide to the Senate Committee on 
Commerce, Science, and Transportation a report on the current status of 
efforts, and the additional needs, regarding passenger and carry-on 
baggage screening equipment at United States airports to detect 
explosives, including in chemical and plastic forms. The report shall 
include the cost of and timetable for installing such equipment and any 
recommended legislative actions.

SEC. 618. REPORTS ON THE FEDERAL AIR MARSHALS PROGRAM.

    Not later than 90 days after the date of enactment of this Act, and 
every 90 days thereafter, the Secretary of Homeland Security shall 
provide to the Senate Committee on Commerce, Science, and 
Transportation a classified report on the number of individuals serving 
only as sworn Federal air marshals. Such report shall include the 
number of Federal air marshals who are women, minorities, or employees 
of departments or agencies of the United States Government other than 
the Department of Homeland Security, the percentage of domestic and 
international flights that have a Federal air marshal aboard, and the 
rate at which individuals are leaving service as Federal air marshals.

SEC. 619. SECURITY OF AIR MARSHAL IDENTITY.

    (a) In General.--The Secretary of the Department of Homeland 
Security shall designate individuals and parties to whom Federal air 
marshals shall be required to identify themselves.
    (b) Prohibition.--Notwithstanding any other provision of law, no 
procedure, guideline, rule, regulation, or other policy shall expose 
the identity of an air marshal to anyone other than those designated by 
the Secretary under subsection (a).

SEC. 620. SECURITY MONITORING CAMERAS FOR AIRPORT BAGGAGE HANDLING 
              AREAS.

    (a) In General.--The Under Secretary of Homeland Security for 
Border Transportation and Security shall provide assistance, subject to 
the availability of funds, to public airports that have baggage 
handling areas that are not open to public view in the acquisition and 
installation of security monitoring cameras for surveillance of such 
areas in order to deter theft from checked baggage and to aid in the 
speedy resolution of liability claims against the Transportation 
Security Administration.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for fiscal year 2005 
such sums as may be necessary to carry out this section, such sums to 
remain available until expended.

SEC. 621. EFFECTIVE DATE.

    Notwithstanding any other provision of this act, this title takes 
effect on the date of enactment of this Act.

                        TITLE VII--OTHER MATTERS

SEC. 701. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.

    (a) Increased Number of Consular Officers.--The Secretary of State, 
in each of fiscal years 2006 through 2009, may increase by 150 the 
number of positions for consular officers above the number of such 
positions for which funds were allotted for the preceding fiscal year.
    (b) Limitation on Use of Foreign Nationals for Visa Screening.--
            (1) Immigrant visas.--Subsection (b) of section 222 of the 
        Immigration and Nationality Act (8 U.S.C. 1202) is amended by 
        adding at the end the following: ``All immigrant visa 
        applications shall be reviewed and adjudicated by a consular 
        officer.''.
            (2) Nonimmigrant visas.--Subsection (d) of such section is 
        amended by adding at the end the following: ``All nonimmigrant 
        visa applications shall be reviewed and adjudicated by a 
        consular officer.''.
    (c) Training for Consular Officers in Detection of Fraudulent 
Documents.--Section 305(a) of the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at the 
end the following: ``As part of the consular training provided to such 
officers by the Secretary of State, such officers shall also receive 
training in detecting fraudulent documents and general document 
forensics and shall be required as part of such training to work with 
immigration officers conducting inspections of applicants for admission 
into the United States at ports of entry.''.
    (d) Assignment of Anti-Fraud Specialists.--
            (1) Survey regarding document fraud.--The Secretary of 
        State, in coordination with the Secretary of Homeland Security, 
        shall conduct a survey of each diplomatic and consular post at 
        which visas are issued to assess the extent to which fraudulent 
        documents are presented by visa applicants to consular officers 
        at such posts.
            (2) Requirement for specialist.--
                    (A) In general.--Not later than July 31, 2005, the 
                Secretary of State shall, in coordination with the 
                Secretary of Homeland Security, identify the diplomatic 
                and consular posts at which visas are issued that 
                experience the greatest frequency of presentation of 
                fraudulent documents by visa applicants. The Secretary 
                of State shall assign or designate at each such post at 
                least one full-time anti-fraud specialist employed by 
                the Department of State to assist the consular officers 
                at each such post in the detection of such fraud.
                    (B) Exceptions.--The Secretary of State is not 
                required to assign or designate a specialist as 
                described in subparagraph (A) at a diplomatic and 
                consular post if an employee of the Department of 
                Homeland Security is assigned on a full-time basis to 
                such post under the authority in section 428 of the 
                Homeland Security Act of 2002 (6 U.S.C. 236).

SEC. 702. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    In each of fiscal years 2006 through 2010, the Secretary of 
Homeland Security shall, subject to the availability of appropriations 
for such purpose, increase by not less than 1,000 the number of 
positions for full-time active duty border patrol agents within the 
Department of Homeland Security above the number of such positions for 
which funds were made available during the preceding fiscal year. Of 
the additional border patrol agents, in each fiscal year not less than 
20 percent of such agents shall be assigned to duty stations along the 
northern border of the United States.

SEC. 703. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT 
              INVESTIGATORS.

    In each of fiscal years 2006 through 2010, the Secretary of 
Homeland Security shall, subject to the availability of appropriations 
for such purpose, increase by not less than 800 the number of positions 
for full-time active duty investigators within the Department of 
Homeland Security investigating violations of immigration laws (as 
defined in section 101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17)) above the number of such positions for which funds 
were made available during the preceding fiscal year.

                     TITLE VIII--VISA REQUIREMENTS

SEC. 801. IN PERSON INTERVIEWS OF VISA APPLICANTS.

    (a) Requirement for Interviews.--Section 222 of the Immigration and 
Nationality Act (8 U.S.C. 1202) is amended by adding at the end the 
following new subsection:
    ``(h) Notwithstanding any other provision of this Act, the 
Secretary of State shall require every alien applying for a 
nonimmigrant visa--
            ``(1) who is at least 12 years of age and not more than 65 
        years of age to submit to an in person interview with a 
        consular officer unless the requirement for such interview is 
        waived--
                    ``(A) by a consular official and such alien is 
                within that class of nonimmigrants enumerated in 
                section 101(a)(15)(A) or 101(a)(15)(G) or is granted a 
                diplomatic visa on a diplomatic passport or on the 
                equivalent thereof;
                    ``(B) by a consular official and such alien is 
                applying for a visa--
                            ``(i) not more than 12 months after the 
                        date on which the alien's prior visa expired;
                            ``(ii) for the classification under section 
                        101(a)(15) for which such prior visa was 
                        issued;
                            ``(iii) from the consular post located in 
                        the country in which the alien is a national; 
                        and
                            ``(iv) the consular officer has no 
                        indication that the alien has not complied with 
                        the immigration laws and regulations of the 
                        United States; or
                    ``(C) by the Secretary of State if the Secretary 
                determines that such waiver is--
                            ``(i) in the national interest of the 
                        United States; or
                            ``(ii) necessary as a result of unusual 
                        circumstances; and
            ``(2) notwithstanding paragraph (1), to submit to an in 
        person interview with a consular officer if such alien--
                    ``(A) is not a national of the country in which the 
                alien is applying for a visa;
                    ``(B) was previously refused a visa, unless such 
                refusal was overcome or a waiver of ineligibility has 
                been obtained;
                    ``(C) is listed in the Consular Lookout and Support 
                System (or successor system at the Department of 
                State);
                    ``(D) may not obtain a visa until a security 
                advisory opinion or other Department of State clearance 
                is issued unless such alien is--
                            ``(i) within that class of nonimmigrants 
                        enumerated in section 101(a)(15)(A) or 
                        101(a)(15)(G); and
                            ``(ii) not a national of a country that is 
                        officially designated by the Secretary of State 
                        as a state sponsor of terrorism; or
                    ``(E) is identified as a member of a group or 
                sector that the Secretary of State determines--
                            ``(i) poses a substantial risk of 
                        submitting inaccurate information in order to 
                        obtain a visa;
                            ``(ii) has historically had visa 
                        applications denied at a rate that is higher 
                        than the average rate of such denials; or
                            ``(iii) poses a security threat to the 
                        United States.''.

SEC. 802. VISA APPLICATION REQUIREMENTS.

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

SEC. 803. EFFECTIVE DATE.

    Notwithstanding section 341 or any other provision of this Act, 
this title shall take effect 90 days after date of the enactment of 
this Act.

  TITLE IX--ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM

SEC. 901. ESTABLISHMENT.

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

SEC. 902. PROGRAM REQUIREMENTS.

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

SEC. 903. ADMINISTRATIVE PROVISIONS.

    (a) Procurement of Advanced Technology.--The Secretary of Homeland 
Security may enter into contracts for the procurement or use of such 
advanced technologies as the Secretary determines appropriate for the 
pilot program under this title.
    (b) Program Partnerships.--In carrying out the pilot program, the 
Secretary of Homeland Security may provide for the establishment of 
cooperative arrangements for participation in the pilot program by such 
participants as law enforcement and border security agencies referred 
to in section 402(b), institutions of higher education, and private 
sector entities.

SEC. 904. REPORT.

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

SEC. 905. AUTHORIZATION OF APPROPRIATIONS.

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

           TITLE X--911 COMMISSION IMPLEMENTATION ACT OF 2004

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

SEC. 1001. FINDINGS.

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

SEC. 1002. TERRORIST SANCTUARIES.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Complex terrorist operations require locations that 
        provide such operations sanctuary from interference by 
        government or law enforcement personnel.
            (2) A terrorist sanctuary existed in Afghanistan before 
        September 11, 2001.
            (3) The terrorist sanctuary in Afghanistan provided direct 
        and indirect value to members of al Qaeda who participated in 
        the terrorist attacks on the United States on September 11, 
        2001, and in other terrorist operations.
            (4) Terrorist organizations have fled to some of the least 
        governed and most lawless places in the world to find 
        sanctuary.
            (5) During the 21st century, terrorists are focusing on 
        remote regions and failing states as locations to seek 
        sanctuary.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States Government should identify and 
        prioritize locations that are or that could be used as 
        terrorist sanctuaries;
            (2) the United States Government should have a realistic 
        strategy that includes the use of all elements of national 
        power to keep possible terrorists from using a location as a 
        sanctuary;
            (3) the United States Government should reach out, listen 
        to, and work with countries in bilateral and multilateral fora 
        to prevent locations from becoming sanctuaries and to prevent 
        terrorists from using locations as sanctuaries; and
            (4) regions of specific concern where United States foreign 
        assistance should be targeted to assist governments in efforts 
        to prevent the use of such regions as terrorist sanctuaries are 
        South Asia, Southeast Asia, West Africa, the Horn of Africa, 
        North and North Central Africa, the Arabian peninsula, Central 
        and Eastern Europe, and South America;

SEC. 1003. ROLE OF PAKISTAN IN COUNTERING TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) The Government of Pakistan has a critical role to 
        perform in the struggle against Islamist terrorism.
            (2) The endemic poverty, widespread corruption, and 
        frequent ineffectiveness of government in Pakistan create 
        opportunities for Islamist recruitment.
            (3) The poor quality of education in Pakistan is 
        particularly worrying, as millions of families send their 
        children to madrassahs, some of which have been used as 
        incubators for violent extremism.
            (4) The vast unpoliced regions in Pakistan make the country 
        attractive to extremists seeking refuge and recruits and also 
        provide a base for operations against coalition forces in 
        Afghanistan.
            (5) A stable Pakistan, with a moderate, responsible 
        government that serves as a voice of tolerance in the Muslim 
        world, is critical to stability in the region.
            (6) There is a widespread belief among the people of 
        Pakistan that the United States has long treated them as allies 
        of convenience.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should make a long-term commitment to 
        fostering a stable and secure future in Pakistan, as long as 
        its leaders remain committed to combating extremists and 
        extremism, ending the proliferation of weapons of mass 
        destruction, securing its borders, and gaining internal control 
        of all its territory while pursuing policies that strengthen 
        civil society, promote moderation and advance socio-economic 
        progress;
            (2) Pakistan should make sincere efforts to transition to 
        democracy, enhanced rule of law, and robust civil institutions, 
        and United States policy toward Pakistan should promote such a 
        transition;
            (3) the United States assistance to Pakistan should be 
        maintained at the overall levels requested by the President for 
        fiscal year 2005;
            (4) the United States should support the Government of 
        Pakistan with a comprehensive effort that extends from military 
        aid to support for better education;
            (5) the United States Government should devote particular 
        attention and resources to assisting in the improvement of the 
        quality of education in Pakistan; and
            (6) the Government of Pakistan should devote additional 
        resources of such Government to expanding and improving modern 
        public education in Pakistan.

SEC. 1004. AID TO AFGHANISTAN.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) The United States and its allies in the international 
        community have made progress in promoting economic and 
        political reform within Afghanistan, including the 
        establishment of a central government with a democratic 
        constitution, a new currency, and a new army, the increase of 
        personal freedom, and the elevation of the standard of living 
        of many Afghans.
            (2) A number of significant obstacles must be overcome if 
        Afghanistan is to become a secure and prosperous democracy, and 
        such a transition depends in particular upon--
                    (A) improving security throughout the country;
                    (B) disarming and demobilizing militias;
                    (C) curtailing the rule of the warlords;
                    (D) promoting equitable economic development;
                    (E) protecting the human rights of the people of 
                Afghanistan;
                    (F) holding elections for public office; and
                    (G) ending the cultivation and trafficking of 
                narcotics.
            (3) The United States and the international community must 
        make a long-term commitment to addressing the deteriorating 
        security situation in Afghanistan and the burgeoning narcotics 
        trade, endemic poverty, and other serious problems in 
        Afghanistan in order to prevent that country from relapsing 
        into a sanctuary for international terrorism.
    (b) Sense of Congress.--
            (1) Actions for afghanistan.--It is the sense of Congress 
        that the Government of the United States should take, with 
        respect to Afghanistan, the following actions:
                    (A) Working with other nations to obtain long-term 
                security, political, and financial commitments and 
                fulfillment of pledges to the Government of Afghanistan 
                to accomplish the objectives of the Afghanistan Freedom 
                Support Act of 2002 (22 U.S.C. 7501 et seq.), 
                especially to ensure a secure, democratic, and 
                prosperous Afghanistan that respects the rights of its 
                citizens and is free of international terrorist 
                organizations.
                    (B) Using the voice and vote of the United States 
                in relevant international organizations, including the 
                North Atlantic Treaty Organization and the United 
                Nations Security Council, to strengthen international 
                commitments to assist the Government of Afghanistan in 
                enhancing security, building national police and 
                military forces, increasing counter-narcotics efforts, 
                and expanding infrastructure and public services 
                throughout the country.
                    (C) Taking appropriate steps to increase the 
                assistance provided under programs of the Department of 
                State and the United States Agency for International 
                Development throughout Afghanistan and to increase the 
                number of personnel of those agencies in Afghanistan as 
                necessary to support the increased assistance.
            (2) Revision of afghanistan freedom support act of 2002.--
        It is the sense of Congress that Congress should, in 
        consultation with the President, update and revise, as 
        appropriate, the Afghanistan Freedom Support Act of 2002.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President for each of the fiscal years 2005 through 2009 
        such sums as may be necessary to provide assistance for 
        Afghanistan, unless otherwise authorized by Congress, for the 
        following purposes:
                    (A) For development assistance under sections 103, 
                105, and 106 of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151a, 2151c, and 2151d).
                    (B) For children's health programs under the Child 
                Survival and Health Program Fund under section 104 of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2151b).
                    (C) For economic assistance under the Economic 
                Support Fund under chapter 4 of part II of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2346 et seq.).
                    (D) For international narcotics and law enforcement 
                under section 481 of the Foreign Assistance Act of 1961 
                (22 U.S.C. 2291).
                    (E) For nonproliferation, anti-terrorism, demining, 
                and related programs.
                    (F) For international military education and 
                training under section 541 of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2347).
                    (G) For Foreign Military Financing Program grants 
                under section 23 of the Arms Export Control Act (22 
                U.S.C. 2763).
                    (H) For peacekeeping operations under section 551 
                of the Foreign Assistance Act of 1961 (22 U.S.C. 2348).
            (2) Conditions for assistance.--Assistance provided by the 
        President under this subsection--
                    (A) shall be consistent with the Afghanistan 
                Freedom Support Act of 2002; and
                    (B) shall be provided with reference to the 
                ``Securing Afghanistan's Future'' document published by 
                the Government of Afghanistan.

SEC. 1005. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Despite a long history of friendly relations with the 
        United States, Saudi Arabia has been a problematic ally in 
        combating Islamist extremism.
            (2) Cooperation between the Governments of the United 
        States and Saudi Arabia has traditionally been carried out in 
        private.
            (3) Counterterrorism cooperation between the Governments of 
        the United States and Saudi Arabia has improved significantly 
        since the terrorist bombing attacks in Riyadh, Saudi Arabia, on 
        May 12, 2003, especially cooperation to combat terror groups 
        operating inside Saudi Arabia.
            (4) The Government of Saudi Arabia is now pursuing al Qaeda 
        within Saudi Arabia and has begun to take some modest steps 
        toward internal reform.
            (5) Nonetheless, the Government of Saudi Arabia has been at 
        times unresponsive to United States requests for assistance in 
        the global war on Islamist terrorism.
            (6) The Government of Saudi Arabia has not done all it can 
        to prevent nationals of Saudi Arabia from funding and 
        supporting extremist organizations in Saudi Arabia and other 
        countries.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the problems in the relationship between the United 
        States and Saudi Arabia must be confronted openly, and the 
        opportunities for cooperation between the countries must be 
        pursued openly by those governments;
            (2) both governments must build a relationship that they 
        can publicly defend and that is based on other national 
        interests in addition to their national interests in oil;
            (3) this relationship should include a shared commitment to 
        political and economic reform in Saudi Arabia;
            (4) this relationship should also include a shared interest 
        in greater tolerance and respect for other cultures in Saudi 
        Arabia and a commitment to fight the violent extremists who 
        foment hatred in the Middle East; and
            (5) the Government of Saudi Arabia must do all it can to 
        prevent nationals of Saudi Arabia from funding and supporting 
        extremist organizations in Saudi Arabia and other countries.

SEC. 1006. EFFORTS TO COMBAT ISLAMIST TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) While support for the United States has plummeted in 
        the Islamic world, many negative views are uninformed, at best, 
        and, at worst, are informed by coarse stereotypes and 
        caricatures.
            (2) Local newspapers in Islamic countries and influential 
        broadcasters who reach Islamic audiences through satellite 
        television often reinforce the idea that the people and 
        Government of the United States are anti-Muslim.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Government of the United States should offer an 
        example of moral leadership in the world that includes a 
        commitment to treat all people humanely, abide by the rule of 
        law, and be generous to the people and governments of other 
        countries;
            (2) the United States should cooperate with governments of 
        Islamic countries to foster agreement on respect for human 
        dignity and opportunity, and to offer a vision of a better 
        future that includes stressing life over death, individual 
        educational and economic opportunity, widespread political 
        participation, contempt for indiscriminate violence, respect 
        for the rule of law, openness in discussing differences, and 
        tolerance for opposing points of view;
            (3) the United States should encourage reform, freedom, 
        democracy, and opportunity for Arabs and Muslims and promote 
        moderation in the Islamic world; and
            (4) the United States should work to defeat extremist 
        ideology in the Islamic world by providing assistance to 
        moderate Arabs and Muslims to combat extremist ideas.

SEC. 1007. UNITED STATES POLICY TOWARD DICTATORSHIPS.

    (a) Finding.--Consistent with the report of the National Commission 
on Terrorist Attacks Upon the United States, Congress finds that short-
term gains enjoyed by the United States through cooperation with 
repressive dictatorships have often been outweighed by long-term 
setbacks for the stature and interests of the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) United States foreign policy should promote the value 
        of life and the importance of individual educational and 
        economic opportunity, encourage widespread political 
        participation, condemn indiscriminate violence, and promote 
        respect for the rule of law, openness in discussing differences 
        among people, and tolerance for opposing points of view; and
            (2) the United States Government must prevail upon the 
        governments of all predominantly Muslim countries, including 
        those that are friends and allies of the United States, to 
        condemn indiscriminate violence, promote the value of life, 
        respect and promote the principles of individual education and 
        economic opportunity, encourage widespread political 
        participation, and promote the rule of law, openness in 
        discussing differences among people, and tolerance for opposing 
        points of view.

SEC. 1008. PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST MEDIA.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Although the United States has demonstrated and 
        promoted its values in defending Muslims against tyrants and 
        criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, 
        this message is not always clearly presented and understood in 
        the Islamic world.
            (2) If the United States does not act to vigorously define 
        its message in the Islamic world, the image of the United 
        States will be defined by Islamic extremists who seek to 
        demonize the United States.
            (3) Recognizing that many Arab and Muslim audiences rely on 
        satellite television and radio, the United States Government 
        has launched promising initiatives in television and radio 
        broadcasting to the Arab world, Iran, and Afghanistan.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States must do more to defend and promote 
        its values and ideals to the broadest possible audience in the 
        Islamic world;
            (2) United States efforts to defend and promote these 
        values and ideals are beginning to ensure that accurate 
        expressions of these values reach large audiences in the 
        Islamic world and should be robustly supported;
            (3) the United States Government could and should do more 
        to engage the Muslim world in the struggle of ideas; and
            (4) the United States Government should more intensively 
        employ existing broadcast media in the Islamic world as part of 
        this engagement.
    (c) Authorizations of Appropriations.--There are authorized to be 
appropriated to the President for each of the fiscal years 2005 through 
2009 such sums as may be necessary to carry out United States 
Government broadcasting activities under the United States Information 
and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the 
United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et 
seq.), and the Foreign Affairs Reform and Restructuring Act of 1998 (22 
U.S.C. 6501 et seq.), and to carry out other activities under this 
section consistent with the purposes of such Acts, unless otherwise 
authorized by Congress.

SEC. 1009. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS 
              IN THE ISLAMIC WORLD.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Exchange, scholarship, and library programs are 
        effective ways for the United States Government to promote 
        internationally the values and ideals of the United States.
            (2) Exchange, scholarship, and library programs can expose 
        young people from other countries to United States values and 
        offer them knowledge and hope.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States should expand its exchange, scholarship, and library programs, 
especially those that benefit people in the Arab and Muslim worlds.
    (c) Authority To Expand Educational and Cultural Exchanges.--The 
President is authorized to substantially expand the exchange, 
scholarship, and library programs of the United States, especially such 
programs that benefit people in the Arab and Muslim worlds.
    (d) Availability of Funds.--Of the amounts authorized to be 
appropriated for educational and cultural exchange programs in each of 
the fiscal years 2005 through 2009, there is authorized to be made 
available to the Secretary of State such sums as may be necessary to 
carry out programs under this section, unless otherwise authorized by 
Congress.

SEC. 1010. INTERNATIONAL YOUTH OPPORTUNITY FUND.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Education that teaches tolerance, the dignity and value 
        of each individual, and respect for different beliefs is a key 
        element in any global strategy to eliminate Islamist terrorism.
            (2) Education in the Middle East about the world outside 
        that region is weak.
            (3) The United Nations has rightly equated literacy with 
        freedom.
            (4) The international community is moving toward setting a 
        concrete goal of reducing by half the illiteracy rate in the 
        Middle East by 2010, through the implementation of education 
        programs targeting women and girls and programs for adult 
        literacy, and by other means.
            (5) To be effective, efforts to improve education in the 
        Middle East must also include--
                    (A) support for the provision of basic education 
                tools, such as textbooks that translate more of the 
                world's knowledge into local languages and local 
                libraries to house such materials; and
                    (B) more vocational education in trades and 
                business skills.
            (6) The Middle East can benefit from some of the same 
        programs to bridge the digital divide that already have been 
        developed for other regions of the world.
    (b) International Youth Opportunity Fund.--
            (1) Establishment.--The President shall establish an 
        International Youth Opportunity Fund to provide financial 
        assistance for the improvement of public education in the 
        Middle East.
            (2) International participation.--The President shall seek 
        the cooperation of the international community in establishing 
        and generously supporting the Fund.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the President for the establishment of the 
International Youth Opportunity Fund, in addition to any amounts 
otherwise available for such purpose, such sums as may be necessary for 
each of the fiscal years 2005 through 2009, unless otherwise authorized 
by Congress.

SEC. 1011. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) While terrorism is not caused by poverty, breeding 
        grounds for terrorism are created by backward economic policies 
        and repressive political regimes.
            (2) Policies that support economic development and reform 
        also have political implications, as economic and political 
        liberties are often linked.
            (3) The United States is working toward creating a Middle 
        East Free Trade Area by 2013 and implementing a free trade 
        agreement with Bahrain, and free trade agreements exist between 
        the United States and Israel and the United States and Jordan.
            (4) Existing and proposed free trade agreements between the 
        United States and Islamic countries are drawing interest from 
        other countries in the Middle East region, and Islamic 
        countries can become full participants in the rules-based 
        global trading system, as the United States considers lowering 
        its barriers to trade with the poorest Arab countries.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) a comprehensive United States strategy to counter 
        terrorism should include economic policies that encourage 
        development, open societies, and opportunities for people to 
        improve the lives of their families and to enhance prospects 
        for their children's future;
            (2) one element of such a strategy should encompass the 
        lowering of trade barriers with the poorest countries that have 
        a significant population of Arab or Muslim individuals;
            (3) another element of such a strategy should encompass 
        United States efforts to promote economic reform in countries 
        that have a significant population of Arab or Muslim 
        individuals, including efforts to integrate such countries into 
        the global trading system; and
            (4) given the importance of the rule of law in promoting 
        economic development and attracting investment, the United 
        States should devote an increased proportion of its assistance 
        to countries in the Middle East to the promotion of the rule of 
        law.

SEC. 1012. MIDDLE EAST PARTNERSHIP INITIATIVE.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for each of the fiscal years 2005 through 2009 such sums 
as may be necessary for the Middle East Partnership Initiative, unless 
otherwise authorized by Congress.
    (b) Sense of Congress.--It is the sense of Congress that, given the 
importance of the rule of law and economic reform to development in the 
Middle East, a significant portion of the funds authorized to be 
appropriated under subsection (a) should be made available to promote 
the rule of law in the Middle East.

SEC. 1013. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Almost every aspect of the counterterrorism strategy of 
        the United States relies on international cooperation.
            (2) Since September 11, 2001, the number and scope of 
        United States Government contacts with foreign governments 
        concerning counterterrorism have expanded significantly, but 
        such contacts have often been ad hoc and not integrated as a 
        comprehensive and unified approach.
    (b) International Contact Group on Counterterrorism.--
            (1) Sense of congress.--It is the sense of Congress that 
        the President--
                    (A) should seek to engage the leaders of the 
                governments of other countries in a process of 
                advancing beyond separate and uncoordinated national 
                counterterrorism strategies to develop with those other 
                governments a comprehensive coalition strategy to fight 
                Islamist terrorism; and
                    (B) to that end, should seek to establish an 
                international counterterrorism policy contact group 
                with the leaders of governments providing leadership in 
                global counterterrorism efforts and governments of 
                countries with sizable Muslim populations, to be used 
                as a ready and flexible international means for 
                discussing and coordinating the development of 
                important counterterrorism policies by the 
                participating governments.
            (2) Authority.--The President is authorized to establish an 
        international counterterrorism policy contact group with the 
        leaders of governments referred to in paragraph (1) for 
        purposes as follows:
                    (A) To develop in common with such other countries 
                important policies and a strategy that address the 
                various components of international prosecution of the 
                war on terrorism, including policies and a strategy 
                that address military issues, law enforcement, the 
                collection, analysis, and dissemination of 
                intelligence, issues relating to interdiction of travel 
                by terrorists, counterterrorism-related customs issues, 
                financial issues, and issues relating to terrorist 
                sanctuaries.
                    (B) To address, to the extent (if any) that the 
                President and leaders of other participating 
                governments determine appropriate, such long-term 
                issues as economic and political reforms that can 
                contribute to strengthening stability and security in 
                the Middle East.

SEC. 1014. TREATMENT OF FOREIGN PRISONERS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Carrying out the global war on terrorism requires the 
        development of policies with respect to the detention and 
        treatment of captured international terrorists that are adhered 
        to by all coalition forces.
            (2) Article 3 of the Convention Relative to the Treatment 
        of Prisoners of War, done at Geneva August 12, 1949 (6 UST 
        3316) was specifically designed for cases in which the usual 
        rules of war do not apply, and the minimum standards of 
        treatment pursuant to such Article are generally accepted 
        throughout the world as customary international law.
    (b) Policy.--The policy of the United States is as follows:
            (1) It is the policy of the United States to treat all 
        foreign persons captured, detained, interned or otherwise held 
        in the custody of the United States (hereinafter ``prisoners'') 
        humanely and in accordance with standards that the United 
        States would consider legal if perpetrated by the enemy against 
        an American prisoner.
            (2) It is the policy of the United States that all 
        officials of the United States are bound both in wartime and in 
        peacetime by the legal prohibition against torture, cruel, 
        inhuman or degrading treatment.
            (3) If there is any doubt as to whether prisoners are 
        entitled to the protections afforded by the Geneva Conventions, 
        such prisoners shall enjoy the protections of the Geneva 
        Conventions until such time as their status can be determined 
        pursuant to the procedures authorized by Army Regulation 190-8, 
        Section 1-6.
            (4) It is the policy of the United States to expeditiously 
        prosecute cases of terrorism or other criminal acts alleged to 
        have been committed by prisoners in the custody of the United 
        States Armed Forces at Guantanamo Bay, Cuba, in order to avoid 
        the indefinite detention of prisoners, which is contrary to the 
        legal principles and security interests of the United States.
    (c) Reporting.--The Department of Defense shall submit to the 
appropriate congressional committees:
            (1) A quarterly report providing the number of prisoners 
        who were denied Prisoner of War (POW) status under the Geneva 
        Conventions and the basis for denying POW status to each such 
        prisoner.
            (2) A report setting forth--
                    (A) the proposed schedule for military commissions 
                to be held at Guantanamo Bay, Cuba; and
                    (B) the number of individuals currently held at 
                Guantanamo Bay, Cuba, the number of such individuals 
                who are unlikely to face a military commission in the 
                next six months, and each reason for not bringing such 
                individuals before a military commission.
            (3) All International Committee of the Red Cross reports, 
        completed prior to the enactment of this Act, concerning the 
        treatment of prisoners in United States custody at Guantanamo 
        Bay, Cuba, Iraq, and Afghanistan. Such ICRC reports should be 
        provided, in classified form, not later than 15 days after 
        enactment of this Act.
            (4) A report setting forth all prisoner interrogation 
        techniques approved by officials of the United States.
    (d) Annual Training Requirement.--The Department of Defense shall 
certify that all Federal employees and civilian contractors engaged in 
the handling or interrogating of prisoners have fulfilled an annual 
training requirement on the laws of war, the Geneva Conventions and the 
obligations of the United States under international humanitarian law.
    (e) Prohibition on Torture or Cruel, Inhumane, or Degrading 
Treatment or Punishment.--
            (1) In general.--No prisoner shall be subject to torture or 
        cruel, inhumane, or degrading treatment or punishment that is 
        prohibited by the Constitution, laws, or treaties of the United 
        States.
            (2) Relationship to geneva conventions.--Nothing in this 
        section shall affect the status of any person under the Geneva 
        Conventions or whether any person is entitled to the 
        protections of the Geneva Conventions.
    (f) Rules, Regulations, and Guidelines.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary and the Director shall 
        prescribe the rules, regulations, or guidelines necessary to 
        ensure compliance with the prohibition in subsection (e)(1) by 
        all personnel of the United States Government and by any person 
        providing services to the United States Government on a 
        contract basis.
            (2) Report to congress.--The Secretary and the Director 
        shall submit to Congress the rules, regulations, or guidelines 
        prescribed under paragraph (1), and any modifications to such 
        rules, regulations, or guidelines--
                    (A) not later than 30 days after the effective date 
                of such rules, regulations, guidelines, or 
                modifications; and
                    (B) in a manner and form that will protect the 
                national security interests of the United States.
    (g) Reports on Possible Violations.--
            (1) Requirement.--The Secretary and the Director shall each 
        submit, on a timely basis and not less than twice each year, a 
        report to Congress on the circumstances surrounding any 
        investigation of a possible violation of the prohibition in 
        subsection (e)(1) by United States Government personnel or by a 
        person providing services to the United States Government on a 
        contract basis.
            (2) Form of report.--A report required under paragraph (1) 
        shall be submitted in a manner and form that--
                    (A) will protect the national security interests of 
                the United States; and
                    (B) will not prejudice any prosecution of an 
                individual involved in, or responsible for, a violation 
                of the prohibition in subsection (e)(1).
    (h) Report on a Coalition Approach Toward the Detention and Humane 
Treatment of Captured Terrorists.--Not later than 180 days after the 
date of the enactment of this Act, the President shall submit to 
Congress a report describing the efforts of the United States 
Government to develop an approach toward the detention and humane 
treatment of captured international terrorists that will be adhered to 
by all countries that are members of the coalition against terrorism.
    (i) Definitions.--In this section:
            (1) Cruel, inhumane, or degrading treatment or 
        punishment.--The term ``cruel, inhumane, or degrading treatment 
        or punishment'' means the cruel, unusual, and inhumane 
        treatment or punishment prohibited by the fifth amendment, 
        eighth amendment, or fourteenth amendment to the Constitution.
            (2) Director.--The term ``Director'' means the National 
        Intelligence Director.
            (3) Geneva conventions.--The term ``Geneva Conventions'' 
        means--
                    (A) the Convention for the Amelioration of the 
                Condition of the Wounded and Sick in Armed Forces in 
                the Field, done at Geneva August 12, 1949 (6 UST 3114);
                    (B) the Convention for the Amelioration of the 
                Condition of the Wounded, Sick, and Shipwrecked Members 
                of Armed Forces at Sea, done at Geneva August 12, 1949 
                (6 UST 3217);
                    (C) the Convention Relative to the Treatment of 
                Prisoners of War, done at Geneva August 12, 1949 (6 UST 
                3316); and
                    (D) the Convention Relative to the Protection of 
                Civilian Persons in Time of War, done at Geneva August 
                12, 1949 (6 UST 3516).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.
            (5) Torture.--The term ``torture'' has the meaning given 
        that term in section 2340 of title 18, United States Code.

SEC. 1015. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Al Qaeda and other terror groups have tried to acquire 
        or make weapons of mass destruction since 1994 or earlier.
            (2) The United States doubtless would be a prime target for 
        use of any such weapon by al Qaeda.
            (3) Although the United States Government has supported the 
        Cooperative Threat Reduction, Global Threat Reduction 
        Initiative, and other nonproliferation assistance programs, 
        nonproliferation experts continue to express deep concern about 
        the adequacy of such efforts to secure weapons of mass 
        destruction and related materials that still exist in Russia 
        other countries of the former Soviet Union, and around the 
        world.
            (4) The cost of increased investment in the prevention of 
        proliferation of weapons of mass destruction and related 
        materials is greatly outweighed by the potentially catastrophic 
        cost to the United States of the use of such weapons by 
        terrorists.
            (5) The Cooperative Threat Reduction, Global Threat 
        Reduction Initiative, and other nonproliferation assistance 
        programs are the United States primary method of preventing the 
        proliferation of weapons of mass destruction and related 
        materials from Russia and the states of the former Soviet 
        Union, but require further expansion, improvement, and 
        resources.
            (6) Better coordination is needed within the executive 
        branch of government for the budget development, oversight, and 
        implementation of the Cooperative Threat Reduction, Global 
        Threat Reduction Initiative, and other nonproliferation 
        assistance programs, and critical elements of such programs are 
        operated by the Departments of Defense, Energy, and State.
            (7) The effective implementation of the Cooperative Threat 
        Reduction, Global Threat Reduction Initiative, and other 
        nonproliferation assistance programs in the countries of the 
        former Soviet Union is hampered by Russian behavior and 
        conditions on the provision of assistance under such programs 
        that are unrelated to bilateral cooperation on weapons 
        dismantlement.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) maximum effort to prevent the proliferation of weapons 
        of mass destruction and related materials, wherever such 
        proliferation may occur, is warranted;
            (2) the Cooperative Threat Reduction, Global Threat 
        Reduction Initiative, and other nonproliferation assistance 
        programs should be expanded, improved, accelerated, and better 
        funded to address the global dimensions of the proliferation 
        threat; and
            (3) the Proliferation Security Initiative is an important 
        counterproliferation program that should be expanded to include 
        additional partners.
    (c) Cooperative Threat Reduction, Global Threat Reduction 
Initiative, and other nonproliferation assistance programs.--In this 
section, the term ``Cooperative Threat Reduction, Global Threat 
Reduction Initiative, and other nonproliferation assistance programs'' 
includes--
            (1) the programs specified in section 1501(b) of the 
        National Defense Authorization Act for Fiscal Year 1997 (Public 
        Law 104-201; 50 U.S.C. 2362 note);
            (2) the activities for which appropriations are authorized 
        by section 3101(a)(2) of the National Defense Authorization Act 
        for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1742);
            (3) the Department of State program of assistance to 
        science centers;
            (4) the Global Threat Reduction Initiative of the 
        Department of Energy; and
            (5) a program of any agency of the Federal Government 
        having the purpose of assisting any foreign government in 
        preventing nuclear weapons, plutonium, highly enriched uranium, 
        or other materials capable of sustaining an explosive nuclear 
        chain reaction, or nuclear weapons technology from becoming 
        available to terrorist organizations.
    (d) Strategy and Plan.--
            (1) Strategy.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to 
        Congress--
                    (A) a comprehensive strategy for expanding and 
                strengthening the Cooperative Threat Reduction, Global 
                Threat Reduction Initiative, and other nonproliferation 
                assistance programs; and
                    (B) an estimate of the funding necessary to execute 
                such strategy.
            (2) Plan.--The strategy required by paragraph (1) shall 
        include a plan for securing the nuclear weapons and related 
        materials that are the most likely to be acquired or sought by, 
        and susceptible to becoming available to, terrorist 
        organizations, including--
                    (A) a prioritized list of the most dangerous and 
                vulnerable sites;
                    (B) measurable milestones for improving United 
                States nonproliferation assistance programs;
                    (C) a schedule for achieving such milestones; and
                    (D) initial estimates of the resources necessary to 
                achieve such milestones under such schedule.

SEC. 1016. FINANCING OF TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) While efforts to designate and freeze the assets of 
        terrorist financiers have been relatively unsuccessful, efforts 
        to target the relatively small number of al Qaeda financial 
        facilitators have been valuable and successful.
            (2) The death or capture of several important financial 
        facilitators has decreased the amount of money available to al 
        Qaeda, and has made it more difficult for al Qaeda to raise and 
        move money.
            (3) The capture of al Qaeda financial facilitators has 
        provided a windfall of intelligence that can be used to 
        continue the cycle of disruption.
            (4) The United States Government has rightly recognized 
        that information about terrorist money helps in understanding 
        terror networks, searching them out, and disrupting their 
        operations.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) a critical weapon in the effort to stop terrorist 
        financing should be the targeting of terrorist financial 
        facilitators by intelligence and law enforcement agencies; and
            (2) efforts to track terrorist financing must be paramount 
        in United States counter-terrorism efforts.
    (c) Report on Terrorist Financing.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to 
        Congress a report evaluating the effectiveness of United States 
        efforts to curtail the international financing of terrorism.
            (2) Contents.--The report required by paragraph (1) shall 
        evaluate and make recommendations on--
                    (A) the effectiveness of efforts and methods to the 
                identification and tracking of terrorist financing;
                    (B) ways to improve multinational and international 
                governmental cooperation in this effort;
                    (C) ways to improve the effectiveness of financial 
                institutions in this effort;
                    (D) the adequacy of agency coordination, nationally 
                and internationally, including international treaties 
                and compacts, in this effort and ways to improve that 
                coordination; and
                    (E) recommendations for changes in law and 
                additional resources required to improve this effort.

SEC. 1017. REPORT TO CONGRESS.

    (a) Requirement for Report.--Not later than 180 days after the date 
of the enactment of this Act, the President shall submit to Congress a 
report on the activities of the Government of the United States to 
carry out the provisions of this title.
    (b) Content.--The report required under this section shall include 
the following:
            (1) Terrorist sanctuaries.--A description of the strategy 
        of the United States to address and, where possible, eliminate 
        terrorist sanctuaries, including--
                    (A) a description of actual and potential terrorist 
                sanctuaries, together with an assessment of the 
                priorities of addressing and eliminating such 
                sanctuaries;
                    (B) an outline of strategies for disrupting or 
                eliminating the security provided to terrorists by such 
                sanctuaries;
                    (C) a description of efforts by the United States 
                Government to work with other countries in bilateral 
                and multilateral fora to address or eliminate actual or 
                potential terrorist sanctuaries and disrupt or 
                eliminate the security provided to terrorists by such 
                sanctuaries; and
                    (D) a description of long-term goals and actions 
                designed to reduce the conditions that allow the 
                formation of terrorist sanctuaries, such as supporting 
                and strengthening host governments, reducing poverty, 
                increasing economic development, strengthening civil 
                society, securing borders, strengthening internal 
                security forces, and disrupting logistics and 
                communications networks of terrorist groups.
            (2) Support for pakistan.--A description of the efforts of 
        the United States Government to support Pakistan and encourage 
        moderation in that country, including--
                    (A) an examination of the desirability of 
                establishing a Pakistan Education Fund to direct 
                resources toward improving the quality of secondary 
                schools in Pakistan, and an examination of the efforts 
                of the Government of Pakistan to fund modern public 
                education;
                    (B) recommendations on the funding necessary to 
                provide various levels of educational support;
                    (C) an examination of the current composition and 
                levels of United States military aid to Pakistan, 
                together with any recommendations for changes in such 
                levels and composition that the President considers 
                appropriate; and
                    (D) an examination of other major types of United 
                States financial support to Pakistan, together with any 
                recommendations for changes in the levels and 
                composition of such support that the President 
                considers appropriate.
            (3) Support for afghanistan.--
                    (A) Specific objectives.--A description of the 
                strategy of the United States to provide aid to 
                Afghanistan during the 5-year period beginning on the 
                date of enactment of this Act, including a description 
                of the resources necessary during the next 5 years to 
                achieve specific objectives in Afghanistan in the 
                following areas:
                            (i) Fostering economic development.
                            (ii) Curtailing the cultivation of opium.
                            (iii) Achieving internal security and 
                        stability.
                            (iv) Eliminating terrorist sanctuaries.
                            (v) Increasing governmental capabilities.
                            (vi) Improving essential infrastructure and 
                        public services.
                            (vii) Improving public health services.
                            (viii) Establishing a broad-based 
                        educational system.
                            (ix) Promoting democracy and the rule of 
                        law.
                            (x) Building national police and military 
                        forces.
                    (B) Progress.--A description of--
                            (i) the progress made toward achieving the 
                        objectives described in clauses (i) through (x) 
                        of subparagraph (A); and
                            (ii) any shortfalls in meeting such 
                        objectives and the resources needed to fully 
                        achieve such objectives.
            (4) Collaboration with saudi arabia.--A description of the 
        strategy of the United States for expanding collaboration with 
        the Government of Saudi Arabia on subjects of mutual interest 
        and of importance to the United States, including a description 
        of--
                    (A) the utility of the President undertaking a 
                periodic, formal, and visible high-level dialogue 
                between senior United States Government officials of 
                cabinet level or higher rank and their counterparts in 
                the Government of Saudi Arabia to address challenges in 
                the relationship between the two governments and to 
                identify areas and mechanisms for cooperation;
                    (B) intelligence and security cooperation between 
                the United States and Saudi Arabia in the fight against 
                Islamist terrorism;
                    (C) ways to advance Saudi Arabia's contribution to 
                the Middle East peace process;
                    (D) political and economic reform in Saudi Arabia 
                and throughout the Middle East;
                    (E) ways to promote greater tolerance and respect 
                for cultural and religious diversity in Saudi Arabia 
                and throughout the Middle East; and
                    (F) ways to assist the Government of Saudi Arabia 
                in preventing nationals of Saudi Arabia from funding 
                and supporting extremist groups in Saudi Arabia and 
                other countries.
            (5) Struggle of ideas in the islamic world.--A description 
        of a cohesive, long-term strategy of the United States to help 
        win the struggle of ideas in the Islamic world, including the 
        following:
                    (A) A description of specific goals related to 
                winning this struggle of ideas.
                    (B) A description of the range of tools available 
                to the United States Government to accomplish such 
                goals and the manner in which such tools will be 
                employed.
                    (C) A list of benchmarks for measuring success and 
                a plan for linking resources to the accomplishment of 
                such goals.
                    (D) A description of any additional resources that 
                may be necessary to help win this struggle of ideas.
                    (E) Any recommendations for the creation of, and 
                United States participation in, international 
                institutions for the promotion of democracy and 
                economic diversification in the Islamic world, and 
                intraregional trade in the Middle East.
                    (F) An estimate of the level of United States 
                financial assistance that would be sufficient to 
                convince United States allies and people in the Islamic 
                world that engaging in the struggle of ideas in the 
                Islamic world is a top priority of the United States 
                and that the United States intends to make a 
                substantial and sustained commitment toward winning 
                this struggle.
            (6) Outreach through broadcast media.--A description of a 
        cohesive, long-term strategy of the United States to expand its 
        outreach to foreign Muslim audiences through broadcast media, 
        including the following:
                    (A) The initiatives of the Broadcasting Board of 
                Governors with respect to outreach to foreign Muslim 
                audiences.
                    (B) An outline of recommended actions that the 
                United States Government should take to more regularly 
                and comprehensively present a United States point of 
                view through indigenous broadcast media in countries 
                with sizable Muslim populations, including increasing 
                appearances by United States Government officials, 
                experts, and citizens.
                    (C) An assessment of potential incentives for, and 
                costs associated with, encouraging United States 
                broadcasters to dub or subtitle into Arabic and other 
                relevant languages their news and public affairs 
                programs broadcast in the Muslim world in order to 
                present those programs to a much broader Muslim 
                audience than is currently reached.
                    (D) Any recommendations the President may have for 
                additional funding and legislation necessary to achieve 
                the objectives of the strategy.
            (7) Visas for participants in united states programs.--A 
        description of--
                    (A) any recommendations for expediting the issuance 
                of visas to individuals who are entering the United 
                States for the purpose of participating in a 
                scholarship, exchange, or visitor program described in 
                subsection (c) of section __09 without compromising the 
                security of the United States; and
                    (B) a proposed schedule for implementing any 
                recommendations described in subparagraph (A).
            (8) Basic education in muslim countries.--A description of 
        a strategy, that was developed after consultation with 
        nongovernmental organizations and individuals involved in 
        education assistance programs in developing countries, to 
        promote free universal basic education in the countries of the 
        Middle East and in other countries with significant Muslim 
        populations designated by the President. The strategy shall 
        include the following elements:
                    (A) A description of the manner in which the 
                resources of the United States and the international 
                community shall be used to help achieve free universal 
                basic education in such countries, including--
                            (i) efforts of the United states to 
                        coordinate an international effort;
                            (ii) activities of the United States to 
                        leverage contributions from members of the 
                        Group of Eight or other donors; and
                            (iii) assistance provided by the United 
                        States to leverage contributions from the 
                        private sector and civil society organizations.
                    (B) A description of the efforts of the United 
                States to coordinate with other donors to reduce 
                duplication and waste at the global and country levels 
                and to ensure efficient coordination among all relevant 
                departments and agencies of the Government of the 
                United States.
                    (C) A description of the strategy of the United 
                States to assist efforts to overcome challenges to 
                achieving free universal basic education in such 
                countries, including strategies to target hard to reach 
                populations to promote education.
                    (D) A listing of countries that the President 
                determines are eligible for assistance under the 
                International Youth Opportunity Fund described in 
                section __10 and related programs.
                    (E) A description of the efforts of the United 
                States to encourage countries in the Middle East and 
                other countries with significant Muslim populations 
                designated by the President to develop and implement a 
                national education plan.
                    (F) A description of activities carried out as part 
                of the International Youth Opportunity Fund to help 
                close the digital divide and expand vocational and 
                business skills in such countries.
                    (G) An estimate of the funds needed to achieve free 
                universal basic education by 2015 in each country 
                described in subparagraph (D), and an estimate of the 
                amount that has been expended by the United States and 
                by each such country during the previous fiscal year.
                    (H) A description of the United States strategy for 
                garnering programmatic and financial support from 
                countries in the Middle East and other countries with 
                significant Muslim populations designated by the 
                President, international organizations, and other 
                countries that share the objectives of the 
                International Youth and Opportunity Fund.
            (9) Economic reform.--A description of the efforts of the 
        United States Government to encourage development and promote 
        economic reform in countries that have a significant population 
        of Arab or Muslim individuals, including a description of--
                    (A) efforts to integrate countries with significant 
                populations of Arab or Muslim individuals into the 
                global trading system; and
                    (B) actions that the United States Government, 
                acting alone and in partnership with governments in the 
                Middle East, can take to promote intraregional trade 
                and the rule of law in the region.

SEC. 1018. EFFECTIVE DATE.

    Notwithstanding section 341 or any other provision of this Act, 
this title shall take effect on the date of the enactment of this Act.

          Subtitle B--Terrorist Travel and Effective Screening

SEC. 1021. COUNTERTERRORIST TRAVEL INTELLIGENCE.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Travel documents are as important to terrorists as 
        weapons since terrorists must travel clandestinely to meet, 
        train, plan, case targets, and gain access to attack sites.
            (2) International travel is dangerous for terrorists 
        because they must surface to pass through regulated channels, 
        present themselves to border security officials, or attempt to 
        circumvent inspection points.
            (3) Terrorists use evasive, but detectable, methods to 
        travel, such as altered and counterfeit passports and visas, 
        specific travel methods and routes, liaisons with corrupt 
        government officials, human smuggling networks, supportive 
        travel agencies, and immigration and identity fraud.
            (4) Before September 11, 2001, no Federal agency 
        systematically analyzed terrorist travel strategies. If an 
        agency had done so, the agency could have discovered the ways 
        in which the terrorist predecessors to al Qaeda had been 
        systematically, but detectably, exploiting weaknesses in our 
        border security since the early 1990s.
            (5) Many of the hijackers were potentially vulnerable to 
        interception by border authorities. Analyzing their 
        characteristic travel documents and travel patterns could have 
        allowed authorities to intercept some of the hijackers and a 
        more effective use of information available in Government 
        databases could have identified some of the hijackers.
            (6) The routine operations of our immigration laws and the 
        aspects of those laws not specifically aimed at protecting 
        against terrorism inevitably shaped al Qaeda's planning and 
        opportunities.
            (7) New insights into terrorist travel gained since 
        September 11, 2001, have not been adequately integrated into 
        the front lines of border security.
            (8) The small classified terrorist travel intelligence 
        collection and analysis program currently in place has produced 
        useful results and should be expanded.
    (b) Strategy.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit to Congress unclassified and classified versions of a 
        strategy for combining terrorist travel intelligence, 
        operations, and law enforcement into a cohesive effort to 
        intercept terrorists, find terrorist travel facilitators, and 
        constrain terrorist mobility domestically and internationally. 
        The report to Congress should include a description of the 
        actions taken to implement the strategy.
            (2) Accountability.--The strategy submitted under paragraph 
        (1) shall--
                    (A) describe a program for collecting, analyzing, 
                disseminating, and utilizing information and 
                intelligence regarding terrorist travel tactics and 
                methods; and
                    (B) outline which Federal intelligence, diplomatic, 
                and law enforcement agencies will be held accountable 
                for implementing each element of the strategy.
            (3) Coordination.--The strategy shall be developed in 
        coordination with all relevant Federal agencies, including--
                    (A) the National Counterterrorism Center;
                    (B) the Department of Transportation;
                    (C) the Department of State;
                    (D) the Department of the Treasury;
                    (E) the Department of Justice;
                    (F) the Department of Defense;
                    (G) the Federal Bureau of Investigation;
                    (H) the Drug Enforcement Agency; and
                    (I) the agencies that comprise the intelligence 
                community.
            (4) Contents.--The strategy shall address--
                    (A) the intelligence and law enforcement 
                collection, analysis, operations, and reporting 
                required to identify and disrupt terrorist travel 
                practices and trends, and the terrorist travel 
                facilitators, document forgers, human smugglers, travel 
                agencies, and corrupt border and transportation 
                officials who assist terrorists;
                    (B) the initial and ongoing training and training 
                materials required by consular, border, and immigration 
                officials to effectively detect and disrupt terrorist 
                travel described under subsection (c)(3);
                    (C) the new procedures required and actions to be 
                taken to integrate existing counterterrorist travel and 
                mobility intelligence into border security processes, 
                including consular, port of entry, border patrol, 
                maritime, immigration benefits, and related law 
                enforcement activities;
                    (D) the actions required to integrate current 
                terrorist mobility intelligence into military force 
                protection measures;
                    (E) the additional assistance to be given to the 
                interagency Human Smuggling and Trafficking Center for 
                purposes of combatting terrorist travel, including 
                further developing and expanding enforcement and 
                operational capabilities that address terrorist travel;
                    (F) the additional resources to be given to the 
                Department of Homeland Security to aid in the sharing 
                of information between the frontline border agencies of 
                the Department of Homeland Security, the Department of 
                State, and classified and unclassified sources of 
                counterterrorist travel intelligence and information 
                elsewhere in the Federal Government, including the 
                Human Smuggling and Trafficking Center;
                    (G) the development and implementation of 
                procedures to enable the Human Smuggling and 
                Trafficking Center to timely receive terrorist travel 
                intelligence and documentation obtained at consulates 
                and ports of entry, and by law enforcement officers and 
                military personnel;
                    (H) the use of foreign and technical assistance to 
                advance border security measures and law enforcement 
                operations against terrorist travel facilitators;
                    (I) the development of a program to provide each 
                consular, port of entry, and immigration benefits 
                office with a counterterrorist travel expert trained 
                and authorized to use the relevant authentication 
                technologies and cleared to access all appropriate 
                immigration, law enforcement, and intelligence 
                databases;
                    (J) the feasibility of digitally transmitting 
                passport information to a central cadre of specialists 
                until such time as experts described under subparagraph 
                (I) are available at consular, port of entry, and 
                immigration benefits offices; and
                    (K) granting consular officers and immigration 
                adjudicators, as appropriate, the security clearances 
                necessary to access law enforcement sensitive and 
                intelligence databases.
    (c) Frontline Counterterrorist Travel Technology and Training.--
            (1) Technology acquisition and dissemination plan.--Not 
        later than 180 days after the date of enactment of this Act, 
        the Secretary of Homeland Security, in conjunction with the 
        Secretary of State, shall submit to Congress a plan describing 
        how the Department of Homeland Security and the Department of 
        State can acquire and deploy, to all consulates, ports of 
        entry, and immigration benefits offices, technologies that 
        facilitate document authentication and the detection of 
        potential terrorist indicators on travel documents.
            (2) Contents of plan.--The plan submitted under paragraph 
        (1) shall--
                    (A) outline the timetable needed to acquire and 
                deploy the authentication technologies;
                    (B) identify the resources required to--
                            (i) fully disseminate these technologies; 
                        and
                            (ii) train personnel on use of these 
                        technologies; and
                    (C) address the feasibility of using these 
                technologies to screen every passport or other 
                documentation described in section __04(b) submitted 
                for identification purposes to a United States 
                consular, border, or immigration official.
            (3) Training program.--
                    (A) In general.--The Secretary of Homeland Security 
                and the Secretary of State shall develop and implement 
                initial and ongoing annual training programs for 
                consular, border, and immigration officials who 
                encounter or work with travel or immigration documents 
                as part of their duties to teach such officials how to 
                effectively detect and disrupt terrorist travel.
                    (B) Terrorist travel intelligence.--The Secretary 
                may assist State, local, and tribal governments, and 
                private industry, in establishing training programs 
                related to terrorist travel intelligence.
                    (C) Training topics.--The training developed under 
                this paragraph shall include training in--
                            (i) methods for identifying fraudulent 
                        documents;
                            (ii) detecting terrorist indicators on 
                        travel documents;
                            (iii) recognizing travel patterns, tactics, 
                        and behaviors exhibited by terrorists;
                            (iv) the use of information contained in 
                        available databases and data systems and 
                        procedures to maintain the accuracy and 
                        integrity of such systems; and
                            (v) other topics determined necessary by 
                        the Secretary of Homeland Security and the 
                        Secretary of State.
                    (D) Certification.--Not later than 1 year after the 
                date of enactment of this Act--
                            (i) the Secretary of Homeland Security 
                        shall certify to Congress that all border and 
                        immigration officials who encounter or work 
                        with travel or immigration documents as part of 
                        their duties have received training under this 
                        paragraph; and
                            (ii) the Secretary of State shall certify 
                        to Congress that all consular officers who 
                        encounter or work with travel or immigration 
                        documents as part of their duties have received 
                        training under this paragraph.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary for each of the fiscal 
        years 2005 through 2009 such sums as may be necessary to carry 
        out the provisions of this subsection.
    (d) Enhancing Classified Counterterrorist Travel Efforts.--
            (1) In general.--The National Intelligence Director shall 
        significantly increase resources and personnel to the small 
        classified program that collects and analyzes intelligence on 
        terrorist travel.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated for each of the fiscal years 2005 through 
        2009 such sums as may be necessary to carry out this 
        subsection.

SEC. 1022. INTEGRATED SCREENING SYSTEM.

    (a) In General.--The Secretary of Homeland Security shall develop a 
plan for a comprehensive integrated screening system.
    (b) Design.--The system planned under subsection (a) shall be 
designed to--
            (1) encompass an integrated network of screening points 
        that includes the Nation's border security system, 
        transportation system, and critical infrastructure or 
        facilities that the Secretary determines need to be protected 
        against terrorist attack;
            (2) build upon existing border enforcement and security 
        activities, and to the extent practicable, private sector 
        security initiatives, in a manner that will enable the 
        utilization of a range of security check points in a continuous 
        and consistent manner throughout the Nation's screening system;
            (3) allow access to government databases to detect 
        terrorists; and
            (4) utilize biometric identifiers that the Secretary 
        determines to be appropriate, feasible, and if practicable, 
        compatible with the biometric entry and exit data system 
        described in section __03.
    (c) Standards for Screening Procedures.--
            (1) Authorization.--The Secretary may promulgate standards 
        for screening procedures for--
                    (A) entering and leaving the United States;
                    (B) accessing Federal facilities that the Secretary 
                determines need to be protected against terrorist 
                attack;
                    (C) accessing critical infrastructure that the 
                Secretary determines need to be protected against 
                terrorist attack; and
                    (D) accessing modes of transportation that the 
                Secretary determines need to be protected against 
                terrorist attack.
            (2) Scope.--Standards prescribed under this subsection may 
        address a range of factors, including technologies required to 
        be used in screening and requirements for secure 
        identification.
            (3) Requirements.--In promulgating standards for screening 
        procedures, the Secretary shall--
                    (A) consider and incorporate appropriate civil 
                liberties and privacy protections;
                    (B) comply with the Administrative Procedure Act; 
                and
                    (C) consult with other Federal, State, local, and 
                tribal governments, private parties, and other 
                interested parties, as appropriate.
            (4) Limitation.--This section does not confer to the 
        Secretary new statutory authority, or alter existing 
        authorities, over systems, critical infrastructure, and 
        facilities.
            (5) Notification.--If the Secretary determines that 
        additional regulatory authority is needed to fully implement 
        the plan for an integrated screening system, the Secretary 
        shall immediately notify Congress.
    (d) Compliance.--The Secretary may issue regulations to ensure 
compliance with the standards promulgated under this section.
    (e) Consultation.--For those systems, critical infrastructure, and 
facilities that the Secretary determines need to be protected against 
terrorist attack, the Secretary shall consult with other Federal 
agencies, State, local, and tribal governments, and the private sector 
to ensure the development of consistent standards and consistent 
implementation of the integrated screening system.
    (f) Biometric Identifiers.--In carrying out this section, the 
Secretary shall continue to review biometric technologies and existing 
Federal and State programs using biometric identifiers. Such review 
shall consider the accuracy rate of available technologies.
    (g) Maintaining Accuracy and Integrity of the Integrated Screening 
System.--
            (1) In general.--The Secretary shall establish rules, 
        guidelines, policies, and operating and auditing procedures for 
        collecting, removing, and updating data maintained in, and 
        adding information to, the integrated screening system that 
        ensure the accuracy and integrity of the data.
            (2) Data maintenance procedures.--Each head of a Federal 
        agency that has databases and data systems linked to the 
        integrated screening system shall establish rules, guidelines, 
        policies, and operating and auditing procedures for collecting, 
        removing, and updating data maintained in, and adding 
        information to, such databases or data systems that ensure the 
        accuracy and integrity of the data.
            (3) Requirements.--The rules, guidelines, policies, and 
        procedures established under this subsection shall--
                    (A) incorporate a simple and timely method for--
                            (i) correcting errors;
                            (ii) determining which government agency or 
                        entity provided data so that the accuracy of 
                        the data can be ascertained; and
                            (iii) clarifying information known to cause 
                        false hits or misidentification errors; and
                    (B) include procedures for individuals to--
                            (i) seek corrections of data contained in 
                        the databases or data systems; and
                            (ii) appeal decisions concerning data 
                        contained in the databases or data systems.
    (h) Implementation.--
            (1) Phase i.--The Secretary shall--
                    (A) develop plans for, and begin implementation of, 
                a single program for registered travelers to expedite 
                travel across the border, as required under section 
                __03(g);
                    (B) continue the implementation of a biometric exit 
                and entry data system that links to relevant databases 
                and data systems, as required by subsections (c) 
                through (f) of section __03 and other existing 
                authorities;
                    (C) centralize the ``no-fly'' and ``automatic-
                selectee'' lists, making use of improved terrorists 
                watch lists, as required by section ___03;
                    (D) develop plans, in consultation with other 
                relevant agencies, for the sharing of terrorist 
                information with trusted governments, as required by 
                section __05;
                    (E) initiate any other action determined 
                appropriate by the Secretary to facilitate the 
                implementation of this paragraph; and
                    (F) report to Congress on the implementation of 
                phase I, including--
                            (i) the effectiveness of actions taken, the 
                        efficacy of resources expended, compliance with 
                        statutory provisions, and safeguards for 
                        privacy and civil liberties; and
                            (ii) plans for the development and 
                        implementation of phases II and III.
            (2) Phase ii.--The Secretary shall--
                    (A) complete the implementation of a single program 
                for registered travelers to expedite travel across the 
                border, as required by section __03(g);
                    (B) complete the implementation of a biometric 
                entry and exit data system that links to relevant 
                databases and data systems, as required by subsections 
                (c) through (f) of section __03, and other existing 
                authorities;
                    (C) in cooperation with other relevant agencies, 
                engage in dialogue with foreign governments to develop 
                plans for the use of common screening standards;
                    (D) initiate any other action determined 
                appropriate by the Secretary to facilitate the 
                implementation of this paragraph; and
                    (E) report to Congress on the implementation of 
                phase II, including--
                            (i) the effectiveness of actions taken, the 
                        efficacy of resources expended, compliance with 
                        statutory provisions, and safeguards for 
                        privacy and civil liberties; and
                            (ii) the plans for the development and 
                        implementation of phase III.
            (3) Phase iii.--The Secretary shall--
                    (A) finalize and deploy the integrated screening 
                system required by subsection (a);
                    (B) in cooperation with other relevant agencies, 
                promote the implementation of common screening 
                standards by foreign governments; and
                    (C) report to Congress on the implementation of 
                Phase III, including--
                            (i) the effectiveness of actions taken, the 
                        efficacy of resources expended, compliance with 
                        statutory provisions, and safeguards for 
                        privacy and civil liberties; and
                            (ii) the plans for the ongoing operation of 
                        the integrated screening system.
    (i) Report.--After phase III has been implemented, the Secretary 
shall submit a report to Congress every 3 years that describes the 
ongoing operation of the integrated screening system, including its 
effectiveness, efficient use of resources, compliance with statutory 
provisions, and safeguards for privacy and civil liberties.
    (j) Authorizations.--There are authorized to be appropriated to the 
Secretary for each of the fiscal years 2005 through 2009, such sums as 
may be necessary to carry out the provisions of this section.

SEC. 1023. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress finds 
that completing a biometric entry and exit data system as expeditiously 
as possible is an essential investment in efforts to protect the United 
States by preventing the entry of terrorists.
    (b) Definition.--In this section, the term ``entry and exit data 
system'' means the entry and exit system required by applicable 
sections of--
            (1) the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208);
            (2) the Immigration and Naturalization Service Data 
        Management Improvement Act of 2000 (Public Law 106-205);
            (3) the Visa Waiver Permanent Program Act (Public Law 106-
        396);
            (4) the Enhanced Border Security and Visa Entry Reform Act 
        of 2002 (Public Law 107-173); and
            (5) the Uniting and Strengthening America by Providing 
        Appropriate Tools Required to Intercept and Obstruct Terrorism 
        (USA PATRIOT ACT) Act of 2001 (Public Law 107-56).
    (c) Plan and Report.--
            (1) Development of plan.--The Secretary of Homeland 
        Security shall develop a plan to accelerate the full 
        implementation of an automated biometric entry and exit data 
        system.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        Congress on the plan developed under paragraph (1), which shall 
        contain--
                    (A) a description of the current functionality of 
                the entry and exit data system, including--
                            (i) a listing of ports of entry and other 
                        Department of Homeland Security and Department 
                        of State locations with biometric entry data 
                        systems in use and whether such screening 
                        systems are located at primary or secondary 
                        inspection areas;
                            (ii) a listing of ports of entry and other 
                        Department of Homeland Security and Department 
                        of State locations with biometric exit data 
                        systems in use;
                            (iii) a listing of databases and data 
                        systems with which the entry and exit data 
                        system are interoperable;
                            (iv) a description of--
                                    (I) identified deficiencies 
                                concerning the accuracy or integrity of 
                                the information contained in the entry 
                                and exit data system;
                                    (II) identified deficiencies 
                                concerning technology associated with 
                                processing individuals through the 
                                system; and
                                    (III) programs or policies planned 
                                or implemented to correct problems 
                                identified in subclause (I) or (II); 
                                and
                            (v) an assessment of the effectiveness of 
                        the entry and exit data system in fulfilling 
                        its intended purposes, including preventing 
                        terrorists from entering the United States;
                    (B) a description of factors relevant to the 
                accelerated implementation of the biometric entry and 
                exit data system, including--
                            (i) the earliest date on which the 
                        Secretary estimates that full implementation of 
                        the biometric entry and exit data system can be 
                        completed;
                            (ii) the actions the Secretary will take to 
                        accelerate the full implementation of the 
                        biometric entry and exit data system at all 
                        ports of entry through which all aliens must 
                        pass that are legally required to do so; and
                            (iii) the resources and authorities 
                        required to enable the Secretary to meet the 
                        implementation date described in clause (i);
                    (C) a description of any improvements needed in the 
                information technology employed for the biometric entry 
                and exit data system;
                    (D) a description of plans for improved or added 
                interoperability with any other databases or data 
                systems; and
                    (E) a description of the manner in which the 
                Department of Homeland Security's US-VISIT program--
                            (i) meets the goals of a comprehensive 
                        entry and exit screening system, including both 
                        entry and exit biometric; and
                            (ii) fulfills the statutory obligations 
                        under subsection (b).
    (d) Collection of Biometric Exit Data.--The entry and exit data 
system shall include a requirement for the collection of biometric exit 
data for all categories of individuals who are required to provide 
biometric entry data, regardless of the port of entry where such 
categories of individuals entered the United States.
    (e) Integration and Interoperability.--
            (1) Integration of data system.--Not later than 2 years 
        after the date of enactment of this Act, the Secretary shall 
        fully integrate all databases and data systems that process or 
        contain information on aliens, which are maintained by--
                    (A) the Department of Homeland Security, at--
                            (i) the United States Immigration and 
                        Customs Enforcement;
                            (ii) the United States Customs and Border 
                        Protection; and
                            (iii) the United States Citizenship and 
                        Immigration Services;
                    (B) the Department of Justice, at the Executive 
                Office for Immigration Review; and
                    (C) the Department of State, at the Bureau of 
                Consular Affairs.
            (2) Interoperable component.--The fully integrated data 
        system under paragraph (1) shall be an interoperable component 
        of the entry and exit data system.
            (3) Interoperable data system.--Not later than 2 years 
        after the date of enactment of this Act, the Secretary shall 
        fully implement an interoperable electronic data system, as 
        required by section 202 of the Enhanced Border Security and 
        Visa Entry Reform Act (8 U.S.C. 1722) to provide current and 
        immediate access to information in the databases of Federal law 
        enforcement agencies and the intelligence community that is 
        relevant to determine--
                    (A) whether to issue a visa; or
                    (B) the admissibility or deportability of an alien.
    (f) Maintaining Accuracy and Integrity of Entry and Exit Data 
System.--
            (1) In general.--The Secretary shall establish rules, 
        guidelines, policies, and operating and auditing procedures for 
        collecting, removing, and updating data maintained in, and 
        adding information to, the entry and exit data system that 
        ensure the accuracy and integrity of the data.
            (2) Data maintenance procedures.--Heads of agencies that 
        have databases or data systems linked to the entry and exit 
        data system shall establish rules, guidelines, policies, and 
        operating and auditing procedures for collecting, removing, and 
        updating data maintained in, and adding information to, such 
        databases or data systems that ensure the accuracy and 
        integrity of the data.
            (3) Requirements.--The rules, guidelines, policies, and 
        procedures established under this subsection shall--
                    (A) incorporate a simple and timely method for--
                            (i) correcting errors;
                            (ii) determining which government agency or 
                        entity provided data so that the accuracy of 
                        the data can be ascertained; and
                            (iii) clarifying information known to cause 
                        false hits or misidentification errors; and
                    (B) include procedures for individuals to--
                            (i) seek corrections of data contained in 
                        the databases or data systems; and
                            (ii) appeal decisions concerning data 
                        contained in the databases or data systems.
    (g) Expediting Registered Travelers Across International Borders.--
            (1) Findings.--Consistent with the report of the National 
        Commission on Terrorist Attacks Upon the United States, 
        Congress finds that--
                    (A) expediting the travel of previously screened 
                and known travelers across the borders of the United 
                States should be a high priority; and
                    (B) the process of expediting known travelers 
                across the borders of the United States can permit 
                inspectors to better focus on identifying terrorists 
                attempting to enter the United States.
            (2) Definition.--In this subsection, the term ``registered 
        traveler program'' means any program designed to expedite the 
        travel of previously screened and known travelers across the 
        borders of the United States.
            (3) Registered travel program.--
                    (A) In general.--As soon as is practicable, the 
                Secretary shall develop and implement a registered 
                traveler program to expedite the processing of 
                registered travelers who enter and exit the United 
                States.
                    (B) Participation.--The registered traveler program 
                shall include as many participants as practicable by--
                            (i) minimizing the cost of enrollment;
                            (ii) making program enrollment convenient 
                        and easily accessible; and
                            (iii) providing applicants with clear and 
                        consistent eligibility guidelines.
                    (C) Integration.--The registered traveler program 
                shall be integrated into the automated biometric entry 
                and exit data system described in this section.
                    (D) Review and evaluation.--In developing the 
                registered traveler program, the Secretary shall--
                            (i) review existing programs or pilot 
                        projects designed to expedite the travel of 
                        registered travelers across the borders of the 
                        United States;
                            (ii) evaluate the effectiveness of the 
                        programs described in clause (i), the costs 
                        associated with such programs, and the costs to 
                        travelers to join such programs;
                            (iii) increase research and development 
                        efforts to accelerate the development and 
                        implementation of a single registered traveler 
                        program; and
                            (iv) review the feasibility of allowing 
                        participants to enroll in the registered 
                        traveler program at consular offices.
            (4) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the Department's progress on the development 
        and implementation of the registered traveler program.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary, for each of the fiscal years 2005 
through 2009, such sums as may be necessary to carry out the provisions 
of this section.

SEC. 1024. TRAVEL DOCUMENTS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress finds 
that--
            (1) existing procedures allow many individuals to enter the 
        United States by showing minimal identification or without 
        showing any identification;
            (2) the planning for the terrorist attacks of September 11, 
        2001, demonstrates that terrorists study and exploit United 
        States vulnerabilities; and
            (3) additional safeguards are needed to ensure that 
        terrorists cannot enter the United States.
    (b) Biometric Passports.--
            (1) Development of plan.--The Secretary of State, in 
        consultation with the Secretary of Homeland Security, shall 
        develop and implement a plan as expeditiously as possible to 
        require biometric passports or other identification deemed by 
        the Secretary of State to be at least as secure as a biometric 
        passport, for all travel into the United States by United 
        States citizens and by categories of individuals for whom 
        documentation requirements have previously been waived under 
        section 212(d)(4)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1182(d)(4)(B)).
            (2) Requirement to produce documentation.--The plan 
        developed under paragraph (1) shall require all United States 
        citizens, and categories of individuals for whom documentation 
        requirements have previously been waived under section 
        212(d)(4)(B) of such Act, to carry and produce the 
        documentation described in paragraph (1) when traveling from 
        foreign countries into the United States.
    (c) Technical and Conforming Amendments.--After the complete 
implementation of the plan described in subsection (b)--
            (1) neither the Secretary of State nor the Secretary of 
        Homeland Security may exercise discretion under section 
        212(d)(4)(B) of such Act to waive documentary requirements for 
        travel into the United States; and
            (2) the President may not exercise discretion under section 
        215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary 
        requirements for United States citizens departing from or 
        entering, or attempting to depart from or enter, the United 
        States except--
                    (A) where the Secretary of State, in consultation 
                with the Secretary of Homeland Security, determines 
                that the alternative documentation that is the basis 
                for the waiver of the documentary requirement is at 
                least as secure as a biometric passport;
                    (B) in the case of an unforeseen emergency in 
                individual cases; or
                    (C) in the case of humanitarian or national 
                interest reasons in individual cases.
    (d) Transit Without Visa Program.--The Secretary of State shall not 
use any authorities granted under section 212(d)(4)(C) of such Act 
until the Secretary, in conjunction with the Secretary of Homeland 
Security, completely implements a security plan to fully ensure secure 
transit passage areas to prevent aliens proceeding in immediate and 
continuous transit through the United States from illegally entering 
the United States.

SEC. 1025. EXCHANGE OF TERRORIST INFORMATION AND INCREASED 
              PREINSPECTION AT FOREIGN AIRPORTS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress finds 
that--
            (1) the exchange of terrorist information with other 
        countries, consistent with privacy requirements, along with 
        listings of lost and stolen passports, will have immediate 
        security benefits; and
            (2) the further away from the borders of the United States 
        that screening occurs, the more security benefits the United 
        States will gain.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States Government should exchange terrorist 
        information with trusted allies;
            (2) the United States Government should move toward real-
        time verification of passports with issuing authorities;
            (3) where practicable the United States Government should 
        conduct screening before a passenger departs on a flight 
        destined for the United States;
            (4) the United States Government should work with other 
        countries to ensure effective inspection regimes at all 
        airports;
            (5) the United States Government should work with other 
        countries to improve passport standards and provide foreign 
        assistance to countries that need help making the transition to 
        the global standard for identification; and
            (6) the Department of Homeland Security, in coordination 
        with the Department of State and other agencies, should 
        implement the initiatives called for in this subsection.
    (c) Report Regarding the Exchange of Terrorist Information.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of State and the Secretary 
        of Homeland Security, working with other agencies, shall submit 
        to the appropriate committees of Congress a report on Federal 
        efforts to collaborate with allies of the United States in the 
        exchange of terrorist information.
            (2) Contents.--The report shall outline--
                    (A) strategies for increasing such collaboration 
                and cooperation;
                    (B) progress made in screening passengers before 
                their departure to the United States; and
                    (C) efforts to work with other countries to 
                accomplish the goals described under this section.
    (d) Preinspection at Foreign Airports.--
            (1) In general.--Section 235A(a)(4) of the Immigration and 
        Nationality Act (8 U.S.C. 1225a(a)(4)) is amended to read as 
        follows:
            ``(4) Subject to paragraph (5), not later than January 1, 
        2008, the Secretary of Homeland Security, in consultation with 
        the Secretary of State, shall establish preinspection stations 
        in at least 25 additional foreign airports, which the Secretary 
        of Homeland Security, in consultation with the Secretary of 
        State, determines, based on the data compiled under paragraph 
        (3) and such other information as may be available, would most 
        effectively facilitate the travel of admissible aliens and 
        reduce the number of inadmissible aliens, especially aliens who 
        are potential terrorists, who arrive from abroad by air at 
        points of entry within the United States. Such preinspection 
        stations shall be in addition to those established prior to 
        September 30, 1996, or pursuant to paragraph (1).''.
            (2) Report.--Not later than June 30, 2006, the Secretary of 
        Homeland Security and the Secretary of State shall submit a 
        report on the progress being made in implementing the amendment 
        made by paragraph (1) to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on the Judiciary of the House of 
                Representatives;
                    (C) the Committee on Foreign Relations of the 
                Senate; and
                    (D) the Committee on International Relations of the 
                House of Representatives.

SEC. 1026. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.

    (a) Definition.--In this section, the term `birth certificate' 
means a certificate of birth--
            (1) for an individual (regardless of where born)--
                    (A) who is a citizen or national of the United 
                States at birth; and
                    (B) whose birth is registered in the United States; 
                and
            (2) that--
                    (A) is issued by a Federal, State, or local 
                government agency or authorized custodian of record and 
                produced from birth records maintained by such agency 
                or custodian of record; or
                    (B) is an authenticated copy, issued by a Federal, 
                State, or local government agency or authorized 
                custodian of record, of an original certificate of 
                birth issued by such agency or custodian of record.
    (b) Standards for Acceptance by Federal Agencies.--
            (1) In general.--Beginning 2 years after the promulgation 
        of minimum standards under paragraph (3), no Federal agency may 
        accept a birth certificate for any official purpose unless the 
        certificate conforms to such standards.
            (2) State certification.--
                    (A) In general.--Each State shall certify to the 
                Secretary of Health and Human Services that the State 
                is in compliance with the requirements of this section.
                    (B) Frequency.--Certifications under subparagraph 
                (A) shall be made at such intervals and in such a 
                manner as the Secretary of Health and Human Services, 
                with the concurrence of the Secretary of Homeland 
                Security and the Commissioner of Social Security, may 
                prescribe by regulation.
                    (C) Compliance.--Each State shall ensure that units 
                of local government and other authorized custodians of 
                records in the State comply with this section.
                    (D) Audits.--The Secretary of Health and Human 
                Services may conduct periodic audits of each State's 
                compliance with the requirements of this section.
            (3) Minimum standards.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary of Health and 
        Human Services shall by regulation establish minimum standards 
        for birth certificates for use by Federal agencies for official 
        purposes that--
                    (A) at a minimum, shall require certification of 
                the birth certificate by the State or local government 
                custodian of record that issued the certificate, and 
                shall require the use of safety paper or an 
                alternative, equally secure medium, the seal of the 
                issuing custodian of record, and other features 
                designed to prevent tampering, counterfeiting, or 
                otherwise duplicating the birth certificate for 
                fraudulent purposes;
                    (B) shall establish requirements for proof and 
                verification of identity as a condition of issuance of 
                a birth certificate, with additional security measures 
                for the issuance of a birth certificate for a person 
                who is not the applicant;
                    (C) shall establish standards for the processing of 
                birth certificate applications to prevent fraud;
                    (D) may not require a single design to which birth 
                certificates issued by all States must conform; and
                    (E) shall accommodate the differences between the 
                States in the manner and form in which birth records 
                are stored and birth certificates are produced from 
                such records.
            (4) Consultation with government agencies.--In promulgating 
        the standards required under paragraph (3), the Secretary of 
        Health and Human Services shall consult with--
                    (A) the Secretary of Homeland Security;
                    (B) the Commissioner of Social Security;
                    (C) State vital statistics offices; and
                    (D) other appropriate Federal agencies.
            (5) Extension of effective date.--The Secretary of Health 
        and Human Services may extend the date specified under 
        paragraph (1) for up to 2 years for birth certificates issued 
        by a State if the Secretary determines that the State made 
        reasonable efforts to comply with the date under paragraph (1) 
        but was unable to do so.
    (c) Grants to States.--
            (1) Assistance in meeting federal standards.--
                    (A) In general.--Beginning on the date a final 
                regulation is promulgated under subsection (b)(3), the 
                Secretary of Health and Human Services shall award 
                grants to States to assist them in conforming to the 
                minimum standards for birth certificates set forth in 
                the regulation.
                    (B) Allocation of grants.--The Secretary shall 
                award grants to States under this paragraph based on 
                the proportion that the estimated average annual number 
                of birth certificates issued by a State applying for a 
                grant bears to the estimated average annual number of 
                birth certificates issued by all States.
                    (C) Minimum allocation.--Notwithstanding 
                subparagraph (B), each State shall receive not less 
                than 0.5 percent of the grant funds made available 
                under this paragraph.
            (2) Assistance in matching birth and death records.--
                    (A) In general.--The Secretary of Health and Human 
                Services, in coordination with the Commissioner of 
                Social Security and other appropriate Federal agencies, 
                shall award grants to States, under criteria 
                established by the Secretary, to assist States in--
                            (i) computerizing their birth and death 
                        records;
                            (ii) developing the capability to match 
                        birth and death records within each State and 
                        among the States; and
                            (iii) noting the fact of death on the birth 
                        certificates of deceased persons.
                    (B) Allocation of grants.--The Secretary shall 
                award grants to qualifying States under this paragraph 
                based on the proportion that the estimated annual 
                average number of birth and death records created by a 
                State applying for a grant bears to the estimated 
                annual average number of birth and death records 
                originated by all States.
                    (C) Minimum allocation.--Notwithstanding 
                subparagraph (B), each State shall receive not less 
                than 0.5 percent of the grant funds made available 
                under this paragraph.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2005 through 
2009 such sums as may be necessary to carry out this section.
    (e) Technical and Conforming Amendments.--Section 656 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (5 
U.S.C. 301 note) is repealed.

SEC. 1027. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS.

    (a) Definitions.--In this section:
            (1) Driver's license.--The term `driver's license' means a 
        motor vehicle operator's license as defined in section 30301(5) 
        of title 49, United States Code.
            (2) Personal identification card.--The term `personal 
        identification card' means an identification document (as 
        defined in section 1028(d)(3) of title 18, United States Code) 
        issued by a State.
    (b) Standards for Acceptance by Federal Agencies.--
            (1) In general.--
                    (A) Limitation on acceptance.--No Federal agency 
                may accept, for any official purpose, a driver's 
                license or personal identification card newly issued by 
                a State more than 2 years after the promulgation of the 
                minimum standards under paragraph (2) unless the 
                driver's license or personal identification card 
                conforms to such minimum standards.
                    (B) Date for conformance.--The Secretary of 
                Transportation, in consultation with the Secretary of 
                Homeland Security, shall establish a date after which 
                no driver's license or personal identification card 
                shall be accepted by a Federal agency for any official 
                purpose unless such driver's license or personal 
                identification card conforms to the minimum standards 
                established under paragraph (2). The date shall be as 
                early as the Secretary determines it is practicable for 
                the States to comply with such date with reasonable 
                efforts.
                    (C) State certification.--
                            (i) In general.--Each State shall certify 
                        to the Secretary of Transportation that the 
                        State is in compliance with the requirements of 
                        this section.
                            (ii) Frequency.--Certifications under 
                        clause (i) shall be made at such intervals and 
                        in such a manner as the Secretary of 
                        Transportation, with the concurrence of the 
                        Secretary of Homeland Security, may prescribe 
                        by regulation.
                            (iii) Audits.--The Secretary of 
                        Transportation may conduct periodic audits of 
                        each State's compliance with the requirements 
                        of this section.
            (2) Minimum standards.--Not later than 18 months after the 
        date of enactment of this Act, the Secretary of Transportation, 
        in consultation with the Secretary of Homeland Security, shall 
        by regulation, establish minimum standards for driver's 
        licenses or personal identification cards issued by a State for 
        use by Federal agencies for identification purposes that shall 
        include--
                    (A) standards for documentation required as proof 
                of identity of an applicant for a driver's license or 
                personal identification card;
                    (B) standards for the verifiability of documents 
                used to obtain a driver's license or personal 
                identification card;
                    (C) standards for the processing of applications 
                for driver's licenses and personal identification cards 
                to prevent fraud;
                    (D) security standards to ensure that driver's 
                licenses and personal identification cards are--
                            (i) resistant to tampering, alteration, or 
                        counterfeiting; and
                            (ii) capable of accommodating and ensuring 
                        the security of a digital photograph or other 
                        unique identifier; and
                    (E) a requirement that a State confiscate a 
                driver's license or personal identification card if any 
                component or security feature of the license or 
                identification card is compromised.
            (3) Content of regulations.--The regulations required by 
        paragraph (2)--
                    (A) shall facilitate communication between the 
                chief driver licensing official of a State, an 
                appropriate official of a Federal agency and other 
                relevant officials, to verify the authenticity of 
                documents, as appropriate, issued by such Federal 
                agency or entity and presented to prove the identity of 
                an individual;
                    (B) may not infringe on a State's power to set 
                criteria concerning what categories of individuals are 
                eligible to obtain a driver's license or personal 
                identification card from that State;
                    (C) may not require a State to comply with any such 
                regulation that conflicts with or otherwise interferes 
                with the full enforcement of State criteria concerning 
                the categories of individuals that are eligible to 
                obtain a driver's license or personal identification 
                card from that State;
                    (D) may not require a single design to which 
                driver's licenses or personal identification cards 
                issued by all States must conform; and
                    (E) shall include procedures and requirements to 
                protect the privacy and civil and due process rights of 
                individuals who apply for and hold driver's licenses 
                and personal identification cards.
            (4) Negotiated rulemaking.--
                    (A) In general.--Before publishing the proposed 
                regulations required by paragraph (2) to carry out this 
                title, the Secretary of Transportation shall establish 
                a negotiated rulemaking process pursuant to subchapter 
                IV of chapter 5 of title 5, United States Code (5 
                U.S.C. 561 et seq.).
                    (B) Representation on negotiated rulemaking 
                committee.--Any negotiated rulemaking committee 
                established by the Secretary of Transportation pursuant 
                to subparagraph (A) shall include representatives 
                from--
                            (i) among State offices that issue driver's 
                        licenses or personal identification cards;
                            (ii) among State elected officials;
                            (iii) the Department of Homeland Security; 
                        and
                            (iv) among interested parties, including 
                        organizations with technological and 
                        operational expertise in document security and 
                        organizations that represent the interests of 
                        applicants for such licenses or identification 
                        cards.
                    (C) Time requirement.--The process described in 
                subparagraph (A) shall be conducted in a timely manner 
                to ensure that--
                            (i) any recommendation for a proposed rule 
                        or report is provided to the Secretary of 
                        Transportation not later than 9 months after 
                        the date of enactment of this Act and shall 
                        include an assessment of the benefits and costs 
                        of the recommendation; and
                            (ii) a final rule is promulgated not later 
                        than 18 months after the date of enactment of 
                        this Act.
    (c) Grants to States.--
            (1) Assistance in meeting federal standards.--Beginning on 
        the date a final regulation is promulgated under subsection 
        (b)(2), the Secretary of Transportation shall award grants to 
        States to assist them in conforming to the minimum standards 
        for driver's licenses and personal identification cards set 
        forth in the regulation.
            (2) Allocation of grants.--The Secretary of Transportation 
        shall award grants to States under this subsection based on the 
        proportion that the estimated average annual number of driver's 
        licenses and personal identification cards issued by a State 
        applying for a grant bears to the average annual number of such 
        documents issued by all States.
            (3) Minimum allocation.--Notwithstanding paragraph (2), 
        each State shall receive not less than 0.5 percent of the grant 
        funds made available under this subsection.
    (d) Extension of Effective Date.--The Secretary of Transportation 
may extend the date specified under subsection (b)(1)(A) for up to 2 
years for driver's licenses issued by a State if the Secretary 
determines that the State made reasonable efforts to comply with the 
date under such subsection but was unable to do so.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for each of the fiscal 
years 2005 through 2009, such sums as may be necessary to carry out 
this section.

SEC. 1028. SOCIAL SECURITY CARDS.

    (a) Security Enhancements.--The Commissioner of Social Security 
shall--
            (1) not later than 180 days after the date of enactment of 
        this section, issue regulations to restrict the issuance of 
        multiple replacement social security cards to any individual to 
        minimize fraud;
            (2) within 1 year after the date of enactment of this 
        section, require verification of records provided by an 
        applicant for an original social security card, other than for 
        purposes of enumeration at birth; and
            (3) within 18 months after the date of enactment of this 
        section, add death, fraud, and work authorization indicators to 
        the social security number verification system.
    (b) Interagency Security Task Force.--The Commissioner of Social 
Security, in consultation with the Secretary of Homeland Security, 
shall form an interagency task force for the purpose of further 
improving the security of social security cards and numbers. Not later 
than 1 year after the date of enactment of this section, the task force 
shall establish security requirements, including--
            (1) standards for safeguarding social security cards from 
        counterfeiting, tampering, alteration, and theft;
            (2) requirements for verifying documents submitted for the 
        issuance of replacement cards; and
            (3) actions to increase enforcement against the fraudulent 
        use or issuance of social security numbers and cards.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commissioner of Social Security for each of the 
fiscal years 2005 through 2009, such sums as may be necessary to carry 
out this section.

SEC. 1029. EFFECTIVE DATE.

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

                  Subtitle C--Transportation Security

SEC. 1031. DEFINITIONS.

    In this title, the terms ``air carrier'', ``air transportation'', 
``aircraft'', ``airport'', ``cargo'', ``foreign air carrier'', and 
``intrastate air transportation'' have the meanings given such terms in 
section 40102 of title 49, United States Code.

SEC. 1032. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.

    (a) Requirement for Strategy.--
            (1) Responsibilities of secretary of homeland security.--
        The Secretary of Homeland Security shall--
                    (A) develop and implement a National Strategy for 
                Transportation Security; and
                    (B) revise such strategy whenever necessary to 
                improve or to maintain the currency of the strategy or 
                whenever the Secretary otherwise considers it 
                appropriate to do so.
            (2) Consultation with secretary of transportation.--The 
        Secretary of Homeland Security shall consult with the Secretary 
        of Transportation in developing and revising the National 
        Strategy for Transportation Security under this section.
    (b) Content.--The National Strategy for Transportation Security 
shall include the following matters:
            (1) An identification and evaluation of the transportation 
        assets within the United States that, in the interests of 
        national security, must be protected from attack or disruption 
        by terrorist or other hostile forces, including aviation, 
        bridge and tunnel, commuter rail and ferry, highway, maritime, 
        pipeline, rail, urban mass transit, and other public 
        transportation infrastructure assets that could be at risk of 
        such an attack or disruption.
            (2) The development of the risk-based priorities, and 
        realistic deadlines, for addressing security needs associated 
        with those assets.
            (3) The most practical and cost-effective means of 
        defending those assets against threats to their security.
            (4) A forward-looking strategic plan that assigns 
        transportation security roles and missions to departments and 
        agencies of the Federal Government (including the Armed 
        Forces), State governments (including the Army National Guard 
        and Air National Guard), local governments, and public 
        utilities, and establishes mechanisms for encouraging private 
        sector cooperation and participation in the implementation of 
        such plan.
            (5) A comprehensive delineation of response and recovery 
        responsibilities and issues regarding threatened and executed 
        acts of terrorism within the United States.
            (6) A prioritization of research and development objectives 
        that support transportation security needs, giving a higher 
        priority to research and development directed toward protecting 
        vital assets.
            (7) A budget and recommendations for appropriate levels and 
        sources of funding to meet the objectives set forth in the 
        strategy.
    (c) Submissions to Congress.--
            (1) The national strategy.--
                    (A) Initial strategy.--The Secretary of Homeland 
                Security shall submit the National Strategy for 
                Transportation Security developed under this section to 
                Congress not later than April 1, 2005.
                    (B) Subsequent versions.--After 2005, the Secretary 
                of Homeland Security shall submit the National Strategy 
                for Transportation Security, including any revisions, 
                to Congress not less frequently than April 1 of each 
                even-numbered year.
            (2) Periodic progress report.--
                    (A) Requirement for report.--Each year, in 
                conjunction with the submission of the budget to 
                Congress under section 1105(a) of title 31, United 
                States Code, the Secretary of Homeland Security shall 
                submit to Congress an assessment of the progress made 
                on implementing the National Strategy for 
                Transportation Security.
                    (B) Content.--Each progress report under this 
                paragraph shall include, at a minimum, the following 
                matters:
                            (i) An assessment of the adequacy of the 
                        resources committed to meeting the objectives 
                        of the National Strategy for Transportation 
                        Security.
                            (ii) Any recommendations for improving and 
                        implementing that strategy that the Secretary, 
                        in consultation with the Secretary of 
                        Transportation, considers appropriate.
            (3) Classified material.--Any part of the National Strategy 
        for Transportation Security that involves information that is 
        properly classified under criteria established by Executive 
        order shall be submitted to Congress separately in classified 
        form.
    (d) Priority Status.--
            (1) In general.--The National Strategy for Transportation 
        Security shall be the governing document for Federal 
        transportation security efforts.
            (2) Other plans and reports.--The National Strategy for 
        Transportation Security shall include, as an integral part or 
        as an appendix--
                    (A) the current National Maritime Transportation 
                Security Plan under section 70103 of title 46, United 
                States Code;
                    (B) the report required by section 44938 of title 
                49, United States Code; and
                    (C) any other transportation security plan or 
                report that the Secretary of Homeland Security 
                determines appropriate for inclusion.

SEC. 1033. USE OF WATCHLISTS FOR PASSENGER AIR TRANSPORTATION 
              SCREENING.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Transportation Security Administration, as soon as practicable 
after the date of the enactment of this Act but in no event later than 
180 days after that date, shall--
            (1) implement a procedure under which the Transportation 
        Security Administration compares information about passengers 
        who are to be carried aboard a passenger aircraft operated by 
        an air carrier or foreign air carrier in air transportation or 
        intrastate air transportation for flights and flight segments 
        originating in the United States with a comprehensive, 
        consolidated database containing information about known or 
        suspected terrorists and their associates; and
            (2) use the information obtained by comparing the passenger 
        information with the information in the database to prevent 
        known or suspected terrorists and their associates from 
        boarding such flights or flight segments or to subject them to 
        specific additional security scrutiny, through the use of ``no 
        fly'' and ``automatic selectee'' lists or other means.
    (b) Air Carrier Cooperation.--The Secretary of Homeland Security, 
in coordination with the Secretary of Transportation, shall by order 
require air carriers to provide the passenger information necessary to 
implement the procedure required by subsection (a).
    (c) Maintaining the Accuracy and Integrity of the ``No Fly'' and 
``Automatic Selectee'' Lists.--
            (1) Watchlist database.--The Secretary of Homeland 
        Security, in consultation with the Director of the Federal 
        Bureau of Investigation, shall design guidelines, policies, and 
        operating procedures for the collection, removal, and updating 
        of data maintained, or to be maintained, in the watchlist 
        database described in subsection (a)(1) that are designed to 
        ensure the accuracy and integrity of the database.
            (2) Accuracy of entries.--In developing the ``no fly'' and 
        ``automatic selectee'' lists under subsection (a)(2), the 
        Secretary of Homeland Security shall establish a simple and 
        timely method for correcting erroneous entries, for clarifying 
        information known to cause false hits or misidentification 
        errors, and for updating relevant information that is 
        dispositive in the passenger screening process. The Secretary 
        shall also establish a process to provide individuals whose 
        names are confused with, or similar to, names in the database 
        with a means of demonstrating that they are not a person named 
        in the database.

SEC. 1034. ENHANCED PASSENGER AND CARGO SCREENING.

    (a) Aircraft Passenger Screening at Checkpoints.--
            (1) Detection of explosives.--
                    (A) Improvement of capabilities.--As soon as 
                practicable after the date of the enactment of this 
                Act, the Secretary of Homeland Security shall take such 
                action as is necessary to improve the capabilities at 
                passenger screening checkpoints, especially at 
                commercial airports, to detect explosives carried 
                aboard aircraft by passengers or placed aboard aircraft 
                by passengers.
                    (B) Interim action.--Until measures are implemented 
                that enable the screening of all passengers for 
                explosives, the Secretary shall take immediate measures 
                to require Transportation Security Administration or 
                other screeners to screen for explosives any individual 
                identified for additional screening before that 
                individual may board an aircraft.
            (2) Implementation report.--
                    (A) Requirement for report.--Within 90 days after 
                the date of the enactment of this Act, the Secretary of 
                Homeland Security shall transmit to the Senate and the 
                House of Representatives a report on how the Secretary 
                intends to achieve the objectives of the actions 
                required under paragraph (1). The report shall include 
                an implementation schedule.
                    (B) Classified information.--The Secretary may 
                submit separately in classified form any information in 
                the report under subparagraph (A) that involves 
                information that is properly classified under criteria 
                established by Executive order.
    (b) Acceleration of Research and Development on, and Deployment of, 
Detection of Explosives.--
            (1) Required action.--The Secretary of Homeland Security, 
        in consultation with the Secretary of Transportation, shall 
        take such action as may be necessary to accelerate research and 
        development and deployment of technology for screening aircraft 
        passengers for explosives during or before the aircraft 
        boarding process.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary such sums as are necessary 
        to carry out this subsection for each of fiscal years 2005 
        through 2009.
    (c) Improvement of Screener Job Performance.--
            (1) Required action.--The Secretary of Homeland Security 
        shall take such action as may be necessary to improve the job 
        performance of airport screening personnel.
            (2) Human factors study.--In carrying out this subsection, 
        the Secretary shall, not later than 180 days after the date of 
        the enactment of this Act, conduct a human factors study in 
        order better to understand problems in screener performance and 
        to set attainable objectives for individual screeners and 
        screening checkpoints.
    (d) Checked Baggage and Cargo.--
            (1) In-line baggage screening.--The Secretary of Homeland 
        Security shall take such action as may be necessary to expedite 
        the installation and use of advanced in-line baggage-screening 
        equipment at commercial airports.
            (2) Cargo security.--The Secretary shall take such action 
        as may be necessary to ensure that the Transportation Security 
        Administration increases and improves its efforts to screen 
        potentially dangerous cargo.
    (e) Blast-resistant Cargo and Baggage Containers.--
            (1) In general.--The Secretary of Homeland Security, in 
        coordination with the Secretary of Transportation--
                    (A) shall assess the feasibility of requiring the 
                use of blast-resistant containers for cargo and baggage 
                on passenger aircraft to minimize the potential effects 
                of detonation of an explosive device; and
                    (B) may require their use on some or all flights on 
                aircraft for which such containers are available.
            (2) Pilot program.--Before requiring the use of such 
        containers on any such flights, the Secretary of Homeland 
        Security shall conduct a pilot program to evaluate the use of 
        currently available blast-resistant containers for cargo and 
        baggage on passenger aircraft. In conducting the pilot program 
        the Secretary--
                    (A) shall test the feasibility of using the 
                containers by deploying them on participating air 
                carrier flights; but
                    (B) may not disclose to the public the number of 
                blast-resistant containers being used in the program or 
                publicly identify the flights on which the containers 
                are used.
            (3) Assistance for participation in pilot program.--
                    (A) In general.--As part of the pilot program, the 
                Secretary may provide assistance to air carriers to 
                volunteer to test the use of blast-resistant containers 
                for cargo and baggage on passenger aircraft.
                    (B) Applications.--To volunteer to participate in 
                the incentive program, an air carrier shall submit to 
                the Secretary an application that is in such form and 
                contains such information as the Secretary requires.
                    (C) Types of Assistance.--Assistance provided by 
                the Secretary to air carriers that volunteer to 
                participate in the pilot program may include the use of 
                blast-resistant containers and financial assistance to 
                cover increased costs to the carriers associated with 
                the use and maintenance of the containers, including 
                increased fuel costs.
            (4) Technological improvements.--The Secretary of Homeland 
        Security, in cooperation with the Secretary of Transportation, 
        shall--
                    (A) support efforts to further the development and 
                improvement of blast-resistant containers for potential 
                use on aircraft, including designs that--
                            (i) will work on a variety of aircraft, 
                        including narrow body aircraft; and
                            (ii) minimize the weight of such containers 
                        without compromising their effectiveness; and
                    (B) explore alternative technologies for minimizing 
                the potential effects of detonation of an explosive 
                device on cargo and passenger aircraft.
            (5) Report.--Not later than one year after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        the Congress on the results of the pilot program and on 
        progress made in developing improved containers and equivalent 
        technologies. The report may be submitted in classified and 
        redacted formats.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Homeland Security such 
        sums as are necessary to carry out this section. Such sums 
        shall remain available until expended.
    (f) Cost-Sharing.--Not later than 45 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with representatives of air carriers, airport operators, 
and other interested parties, shall submit to the Senate and the House 
of Representatives--
            (1) a proposed formula for cost-sharing, for the advanced 
        in-line baggage screening equipment required by this title, 
        between and among the Federal Government, State and local 
        governments, and the private sector that reflects proportionate 
        national security benefits and private sector benefits for such 
        enhancement; and
            (2) recommendations, including recommended legislation, for 
        an equitable, feasible, and expeditious system for defraying 
        the costs of the advanced in-line baggage screening equipment 
        required by this title, which may be based on the formula 
        proposed under paragraph (1).

SEC. 1035. EFFECTIVE DATE.

    This title takes effect on the date of enactment of this Act.

                   Subtitle D--National Preparedness

SEC. 1041. THE INCIDENT COMMAND SYSTEM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) The attacks on September 11, 2001, demonstrated that 
        even the most robust emergency response capabilities can be 
        overwhelmed if an attack is large enough.
            (2) Teamwork, collaboration, and cooperation at an incident 
        site are critical to a successful response to a terrorist 
        attack.
            (3) Key decision makers who are represented at the incident 
        command level help to ensure an effective response, the 
        efficient use of resources, and responder safety.
            (4) Regular joint training at all levels is essential to 
        ensuring close coordination during an actual incident.
            (5) Beginning with fiscal year 2005, the Department of 
        Homeland Security is requiring that entities adopt the Incident 
        Command System and other concepts of the National Incident 
        Management System in order to qualify for funds distributed by 
        the Office of State and Local Government Coordination and 
        Preparedness.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) emergency response agencies nationwide should adopt the 
        Incident Command System;
            (2) when multiple agencies or multiple jurisdictions are 
        involved, they should follow a unified command system; and
            (3) the Secretary of Homeland Security should require, as a 
        further condition of receiving homeland security preparedness 
        funds from the Office of State and Local Government 
        Coordination and Preparedness, that grant applicants document 
        measures taken to fully and aggressively implement the Incident 
        Command System and unified command procedures.

SEC. 1042. NATIONAL CAPITAL REGION MUTUAL AID.

    (a) Definitions.--In this section:
            (1) Authorized representative of the federal government.--
        The term ``authorized representative of the Federal 
        Government'' means any individual or individuals designated by 
        the President with respect to the executive branch, the Chief 
        Justice with respect to the Federal judiciary, or the President 
        of the Senate and Speaker of the House of Representatives with 
        respect to Congress, or their designees, to request assistance 
        under a Mutual Aid Agreement for an emergency or public service 
        event.
            (2) Chief operating officer.--The term ``chief operating 
        officer'' means the official designated by law to declare an 
        emergency in and for the locality of that chief operating 
        officer.
            (3) Emergency.--The term ``emergency'' means a major 
        disaster or emergency declared by the President, or a state of 
        emergency declared by the Mayor of the District of Columbia, 
        the Governor of the State of Maryland or the Commonwealth of 
        Virginia, or the declaration of a local emergency by the chief 
        operating officer of a locality, or their designees, that 
        triggers mutual aid under the terms of a Mutual Aid Agreement.
            (4) Employee.--The term ``employee'' means the employees of 
        the party, including its agents or authorized volunteers, who 
        are committed in a Mutual Aid Agreement to prepare for or who 
        respond to an emergency or public service event.
            (5) Locality.--The term ``locality'' means a county, city, 
        or town within the State of Maryland or the Commonwealth of 
        Virginia and within the National Capital Region.
            (6) Mutual aid agreement.--The term ``Mutual Aid 
        Agreement'' means an agreement, authorized under subsection (b) 
        for the provision of police, fire, rescue and other public 
        safety and health or medical services to any party to the 
        agreement during a public service event, an emergency, or pre-
        planned training event.
            (7) National capital region or region.--The term ``National 
        Capital Region'' or ``Region'' means the area defined under 
        section 2674(f)(2) of title 10, United States Code, and those 
        counties with a border abutting that area and any 
        municipalities therein.
            (8) Party.--The term ``party'' means the State of Maryland, 
        the Commonwealth of Virginia, the District of Columbia, and any 
        of the localities duly executing a Mutual Aid Agreement under 
        this section.
            (9) Public service event.--The term ``public service 
        event''--
                    (A) means any undeclared emergency, incident or 
                situation in preparation for or response to which the 
                Mayor of the District of Columbia, an authorized 
                representative of the Federal Government, the Governor 
                of the State of Maryland, the Governor of the 
                Commonwealth of Virginia, or the chief operating 
                officer of a locality in the National Capital Region, 
                or their designees, requests or provides assistance 
                under a Mutual Aid Agreement within the National 
                Capital Region; and
                    (B) includes Presidential inaugurations, public 
                gatherings, demonstrations and protests, and law 
                enforcement, fire, rescue, emergency health and medical 
                services, transportation, communications, public works 
                and engineering, mass care, and other support that 
                require human resources, equipment, facilities or 
                services supplemental to or greater than the requesting 
                jurisdiction can provide.
            (10) State.--The term ``State'' means the State of 
        Maryland, the Commonwealth of Virginia, and the District of 
        Columbia.
            (11) Training.--The term ``training'' means emergency and 
        public service event-related exercises, testing, or other 
        activities using equipment and personnel to simulate 
        performance of any aspect of the giving or receiving of aid by 
        National Capital Region jurisdictions during emergencies or 
        public service events, such actions occurring outside actual 
        emergency or public service event periods.
    (b) Mutual Aid Authorized.--
            (1) In general.--The Mayor of the District of Columbia, any 
        authorized representative of the Federal Government, the 
        Governor of the State of Maryland, the Governor of the 
        Commonwealth of Virginia, or the chief operating officer of a 
        locality, or their designees, acting within his or her 
        jurisdictional purview, may, subject to State law, enter into, 
        request or provide assistance under Mutual Aid Agreements with 
        localities, the Washington Metropolitan Area Transit Authority, 
        the Metropolitan Washington Airports Authority, and any other 
        governmental agency or authority for--
                    (A) law enforcement, fire, rescue, emergency health 
                and medical services, transportation, communications, 
                public works and engineering, mass care, and resource 
                support in an emergency or public service event;
                    (B) preparing for, mitigating, managing, responding 
                to or recovering from any emergency or public service 
                event; and
                    (C) training for any of the activities described 
                under subparagraphs (A) and (B).
            (2) Facilitating localities.--The State of Maryland and the 
        Commonwealth of Virginia are encouraged to facilitate the 
        ability of localities to enter into interstate Mutual Aid 
        Agreements in the National Capital Region under this section.
            (3) Application and effect.--This section--
                    (A) does not apply to law enforcement security 
                operations at special events of national significance 
                under section 3056(e) of title 18, United States Code, 
                or other law enforcement functions of the United States 
                Secret Service;
                    (B) does not diminish any authorities, express or 
                implied, of Federal agencies to enter into Mutual Aid 
                Agreements in furtherance of their Federal missions; 
                and
                    (C) does not--
                            (i) preclude any party from entering into 
                        supplementary Mutual Aid Agreements with fewer 
                        than all the parties, or with another party; or
                            (ii) affect any other agreement in effect 
                        before the date of enactment of this Act among 
                        the States and localities, including the 
                        Emergency Management Assistance Compact.
            (4) Rights described.--Other than as described in this 
        section, the rights and responsibilities of the parties to a 
        Mutual Aid Agreement entered into under this section shall be 
        as described in the Mutual Aid Agreement.
    (c) District of Columbia.--
            (1) In general.--The District of Columbia may purchase 
        liability and indemnification insurance or become self insured 
        against claims arising under a Mutual Aid Agreement authorized 
        under this section.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        paragraph (1).
    (d) Liability and Actions at Law.--
            (1) In general.--Any responding party or its officers or 
        employees rendering aid or failing to render aid to the 
        District of Columbia, the Federal Government, the State of 
        Maryland, the Commonwealth of Virginia, or a locality, under a 
        Mutual Aid Agreement authorized under this section, and any 
        party or its officers or employees engaged in training 
        activities with another party under such a Mutual Aid 
        Agreement, shall be liable on account of any act or omission of 
        its officers or employees while so engaged or on account of the 
        maintenance or use of any related equipment, facilities, or 
        supplies, but only to the extent permitted under the laws and 
        procedures of the State of the party rendering aid.
            (2) Actions.--Any action brought against a party or its 
        officers or employees on account of an act or omission in the 
        rendering of aid to the District of Columbia, the Federal 
        Government, the State of Maryland, the Commonwealth of 
        Virginia, or a locality, or failure to render such aid or on 
        account of the maintenance or use of any related equipment, 
        facilities, or supplies may be brought only under the laws and 
        procedures of the State of the party rendering aid and only in 
        the Federal or State courts located therein. Actions against 
        the United States under this section may be brought only in 
        Federal courts.
            (3) Good faith exception.--
                    (A) Definition.--In this paragraph, the term ``good 
                faith'' shall not include willful misconduct, gross 
                negligence, or recklessness.
                    (B) Exception.--No State or locality, or its 
                officers or employees, rendering aid to another party, 
                or engaging in training, under a Mutual Aid Agreement 
                shall be liable under Federal law on account of any act 
                or omission performed in good faith while so engaged, 
                or on account of the maintenance or use of any related 
                equipment, facilities, or supplies performed in good 
                faith.
            (4) Immunities.--This section shall not abrogate any other 
        immunities from liability that any party has under any other 
        Federal or State law.
    (d) Workers Compensation.--
            (1) Compensation.--Each party shall provide for the payment 
        of compensation and death benefits to injured members of the 
        emergency forces of that party and representatives of deceased 
        members of such forces if such members sustain injuries or are 
        killed while rendering aid to the District of Columbia, the 
        Federal Government, the State of Maryland, the Commonwealth of 
        Virginia, or a locality, under a Mutual Aid Agreement, or 
        engaged in training activities under a Mutual Aid Agreement, in 
        the same manner and on the same terms as if the injury or death 
        were sustained within their own jurisdiction.
            (2) Other state law.--No party shall be liable under the 
        law of any State other than its own for providing for the 
        payment of compensation and death benefits to injured members 
        of the emergency forces of that party and representatives of 
        deceased members of such forces if such members sustain 
        injuries or are killed while rendering aid to the District of 
        Columbia, the Federal Government, the State of Maryland, the 
        Commonwealth of Virginia, or a locality, under a Mutual Aid 
        Agreement or engaged in training activities under a Mutual Aid 
        Agreement.
    (e) Licenses and Permits.--If any person holds a license, 
certificate, or other permit issued by any responding party evidencing 
the meeting of qualifications for professional, mechanical, or other 
skills and assistance is requested by a receiving jurisdiction, such 
person will be deemed licensed, certified, or permitted by the 
receiving jurisdiction to render aid involving such skill to meet a 
public service event, emergency or training for any such events.

SEC. 1043. URBAN AREA COMMUNICATIONS CAPABILITIES.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

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

    ``The Secretary, in consultation with the Federal Communications 
Commission and the Secretary of Defense, and with appropriate 
governors, mayors, and other State and local government officials, 
shall encourage and support the establishment of consistent and 
effective communications capabilities in the event of an emergency in 
urban areas determined by the Secretary to be at consistently high 
levels of risk from terrorist attack. Such communications capabilities 
shall ensure the ability of all levels of government agencies, 
including military authorities, and of first responders, hospitals, and 
other organizations with emergency response capabilities to communicate 
with each other in the event of an emergency. Additionally, the 
Secretary, in conjunction with the Secretary of Defense, shall develop 
plans to provide back-up and additional communications support in the 
event of an emergency.''.
    (b) Technical and Conforming Amendment.--Section 1(b) of that Act 
is amended by inserting after the item relating to section 509 the 
following:

``Sec. 510. High risk urban area communications capabilities.''.

SEC. 1044. PRIVATE SECTOR PREPAREDNESS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Private sector organizations own 85 percent of the 
        Nation's critical infrastructure and employ the vast majority 
        of the Nation's workers.
            (2) Unless a terrorist attack targets a military or other 
        secure government facility, the first people called upon to 
        respond will likely be civilians.
            (3) Despite the exemplary efforts of some private entities, 
        the private sector remains largely unprepared for a terrorist 
        attack, due in part to the lack of a widely accepted standard 
        for private sector preparedness.
            (4) Preparedness in the private sector and public sector 
        for rescue, restart and recovery of operations should include--
                    (A) a plan for evacuation;
                    (B) adequate communications capabilities; and
                    (C) a plan for continuity of operations.
            (5) The American National Standards Institute recommends a 
        voluntary national preparedness standard for the private sector 
        based on the existing American National Standard on Disaster/
        Emergency Management and Business Continuity Programs (NFPA 
        1600), with appropriate modifications. This standard would 
        establish a common set of criteria and terminology for 
        preparedness, disaster management, emergency management, and 
        business continuity programs.
            (6) The mandate of the Department of Homeland Security 
        extends to working with the private sector, as well as 
        government entities.
    (b) Private Sector Preparedness Program.--
            (1) In general.--Title V of the Homeland Security Act of 
        2002 (6 U.S.C. 311 et seq.), as amended by section 805, is 
        amended by adding at the end the following:

``SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.

    ``The Secretary shall establish a program to promote private sector 
preparedness for terrorism and other emergencies, including promoting 
the adoption of a voluntary national preparedness standard such as the 
private sector preparedness standard developed by the American National 
Standards Institute and based on the National Fire Protection 
Association 1600 Standard on Disaster/Emergency Management and Business 
Continuity Programs.''.
            (2) Technical and conforming amendment.--Section 1(b) of 
        that Act, as amended by section 805, is amended by inserting 
        after the item relating to section 510 the following:

``Sec. 511. Private sector preparedness program.''.
    (c) Sense of Congress.--It is the sense of Congress that insurance 
and credit-rating industries should consider compliance with the 
voluntary national preparedness standard, the adoption of which is 
promoted by the Secretary of Homeland Security under section 511 of the 
Homeland Security Act of 2002, as added by subsection (b), in assessing 
insurability and credit worthiness.

SEC. 1045. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.

    (a) Findings.--Congress finds the following:
            (1) Under section 201 of the Homeland Security Act of 2002 
        (6 U.S.C 121), the Department of Homeland Security, through the 
        Under Secretary for Information Analysis and Infrastructure 
        Protection, has the responsibility--
                    (A) to carry out comprehensive assessments of the 
                vulnerabilities of the key resources and critical 
                infrastructure of the United States, including the 
                performance of risk assessments to determine the risks 
                posed by particular types of terrorist attacks within 
                the United States;
                    (B) to identify priorities for protective and 
                supportive measures; and
                    (C) to develop a comprehensive national plan for 
                securing the key resources and critical infrastructure 
                of the United States.
            (2) Under Homeland Security Presidential Directive 7, 
        issued on December 17, 2003, the Secretary of Homeland Security 
        was given 1 year to develop a comprehensive plan to identify, 
        prioritize, and coordinate the protection of critical 
        infrastructure and key resources.
            (3) Consistent with the report of the National Commission 
        on Terrorist Attacks Upon the United States, the Secretary of 
        Homeland Security should--
                    (A) identify those elements of the United States' 
                transportation, energy, communications, financial, and 
                other institutions that need to be protected;
                    (B) develop plans to protect that infrastructure; 
                and
                    (C) exercise mechanisms to enhance preparedness.
    (b) Reports on Risk Assessment and Readiness.--Not later than 180 
days after the date of enactment of this Act and annually thereafter, 
the Secretary of Homeland Security shall submit a report to Congress 
on--
            (1) the Department of Homeland Security's progress in 
        completing vulnerability and risk assessments of the Nation's 
        critical infrastructure;
            (2) the adequacy of the Government's plans to protect such 
        infrastructure; and
            (3) the readiness of the Government to respond to threats 
        against the United States.

SEC. 1046. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES 
              HOMELAND.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) The Department of Defense has primary responsibility 
        for the military defense of the United States.
            (2) Prior to September 11, 2001, the North American 
        Aerospace Defense Command (NORAD), which had responsibility for 
        defending United States airspace, focused on threats coming 
        from outside the borders of the United States.
            (3) The United States Northern Command has been established 
        to assume responsibility for the military defense of the United 
        States, as well as to provide military support to civil 
        authorities.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should regularly assess the adequacy of the plans 
and strategies of the United States Northern Command with a view to 
ensuring that the United States Northern Command is prepared to respond 
effectively to all threats within the United States, should it be 
called upon to do so by the President.
    (c) Annual Report.--
            (1) Requirement for report.--The Secretary of Defense shall 
        submit to the Committee on Armed Services of the Senate and the 
        Committee on Armed Services of the House of Representatives an 
        annual report describing the plans and strategies of the United 
        States Northern Command to defend the United States against all 
        threats within the United States, in the case that it is called 
        upon to do so by the President.
            (2) Submission of report.--The annual report required by 
        paragraph (1) shall be submitted in conjunction with the 
        submission of the President's budget request to Congress.

SEC. 1047. EFFECTIVE DATE.

    Notwithstanding section 341 or any other provision of this Act, 
this title takes effect on the date of the enactment of this Act.

                  Subtitle E--Homeland Security Grants

SEC. 1051. SHORT TITLE.

    This title may be cited as the ``Homeland Security Grant 
Enhancement Act of 2004''.

SEC. 1052. DEFINITIONS.

    In this title, the following definitions shall apply:
            (1) Insular area.--The term ``insular area'' means American 
        Samoa, the Commonwealth of the Northern Mariana Islands, the 
        Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
            (2) Large high-threat state fund.--The term ``Large High-
        Threat State Fund'' means the fund containing amounts 
        authorized to be appropriated for States that elect to receive 
        Federal financial assistance through a per capita share of 
        38.625 percent of the amount appropriated for the State 
        Homeland Security Grant Program.
            (3) Local government.--The term ``local government'' has 
        the same meaning given that term in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101).
            (4) State.--The term ``State'' means each of the several 
        States of the United States and the District of Columbia.
            (5) State homeland security grant program.--The term 
        ``State Homeland Security Grant Program'' means the program 
        receiving 75 percent of the amount appropriated for the Threat-
        Based Homeland Security Grant Program.
            (6) Threat-based homeland security grant program.--The term 
        ``Threat-Based Homeland Security Grant Program'' means the 
        program authorized under section 6.
            (7) Urban area security initiative grant program.--The term 
        ``Urban Area Security Initiative Grant Program'' means the 
        program receiving 25 percent of the amount appropriated for the 
        Threat-Based Homeland Security Grant Program.

SEC. 1053. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL 
              FIRST RESPONDER MISSIONS.

    (a) In General.--This title shall not be construed to affect any 
authority to award grants under any Federal grant program listed under 
subsection (b), which existed on September 10, 2001, to enhance 
traditional missions of State and local law enforcement, firefighters, 
ports, emergency medical services, or public health missions.
    (b) Programs Included.--The programs referred to in subsection (a) 
are the following:
            (1) The Firefighter Assistance Program authorized under 
        section 33 of the Federal Fire Prevention and Control Act of 
        1974 (15 U.S.C. 2229).
            (2) The Emergency Management Performance Grant Program and 
        the Urban Search and Rescue Grant program authorized under--
                    (A) title VI of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5195 et 
                seq.);
                    (B) the Departments of Veterans Affairs and Housing 
                and Urban Development, and Independent Agencies 
                Appropriations Act, 2000 (Public Law 106-74; 113 Stat. 
                1047 et seq.); and
                    (C) the Earthquake Hazards Reduction Act of 1977 
                (42 U.S.C. 7701 et seq.).
            (4) The Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs authorized under part E of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3750 et seq.).
            (5) The Public Safety and Community Policing (COPS ON THE 
        BEAT) Grant Program authorized under part Q of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796dd et seq.).
            (6) Grant programs under the Public Health Service Act 
        regarding preparedness for bioterrorism and other public health 
        emergencies and the Emergency Response Assistance Program 
        authorized under section 1412 of the Defense Against Weapons of 
        Mass Destruction Act of 1996 (50 U.S.C. 2312).
            (7) Grant programs under the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5121-5206).

SEC. 1054. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND 
              SECURITY GRANT PROGRAMS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after section 801 the following:

``SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND 
              SECURITY GRANT PROGRAMS.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, in coordination with the 
        Attorney General, the Secretary of Health and Human Services, 
        the Secretary of Transportation, the Administrator of the 
        Environmental Protection Agency, and other agencies providing 
        assistance for first responder preparedness, as identified by 
        the President, shall establish the Interagency Committee to 
        Coordinate and Streamline Homeland Security Grant Programs 
        (referred to in this subtitle as the `Interagency Committee').
            ``(2) Composition.--The Interagency Committee shall be 
        composed of--
                    ``(A) a representative of the Department;
                    ``(B) a representative of the Department of Health 
                and Human Services;
                    ``(C) a representative of the Department of 
                Transportation;
                    ``(D) a representative of the Department of 
                Justice;
                    ``(E) a representative of the Environmental 
                Protection Agency; and
                    ``(F) a representative of any other department or 
                agency determined to be necessary by the President.
            ``(3) Responsibilities.--The Interagency Committee shall--
                    ``(A) report on findings to the Information 
                Clearinghouse established under section 801(d);
                    ``(B) consult with State and local governments and 
                emergency response providers regarding their homeland 
                security needs and capabilities;
                    ``(C) advise the Secretary on the development of 
                performance measures for homeland security grant 
                programs and the national strategy for homeland 
                security;
                    ``(D) compile a list of homeland security 
                assistance programs;
                    ``(E) not later than 1 year after the effective 
                date of the Homeland Security Grant Enhancement Act of 
                2004--
                            ``(i) develop a proposal to coordinate, to 
                        the maximum extent practicable, the planning, 
                        reporting, application, and other guidance 
                        documents contained in homeland security 
                        assistance programs to eliminate all redundant 
                        and duplicative requirements; and
                            ``(ii) submit the proposal developed under 
                        clause (i) to Congress and the President.
    ``(b) Administration.--The Department shall provide administrative 
support to the Interagency Committee, which shall include--
            ``(1) scheduling meetings;
            ``(2) preparing agenda;
            ``(3) maintaining minutes and records; and
            ``(4) producing reports.
    ``(c) Chairperson.--The Secretary shall designate a chairperson of 
the Interagency Committee.
    ``(d) Meetings.--The Interagency Committee shall meet--
            ``(1) at the call of the Secretary; or
            ``(2) not less frequently than once every 1 month.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 801 the following:

``Sec. 802. Interagency Committee to Coordinate and Streamline Homeland 
                            Security Grant Programs.''.

SEC. 1055. STREAMLINING FEDERAL HOMELAND SECURITY GRANTS.

    (a) Director of State and Local Government Coordination and 
Preparedness.--Section 801(a) of the Homeland Security Act of 2002 (6 
U.S.C. 361(a)) is amended to read as follows:
    ``(a) Establishment.--
            ``(1) In general.--There is established within the Office 
        of the Secretary the Office for State and Local Government 
        Coordination and Preparedness, which shall oversee and 
        coordinate departmental programs for, and relationships with, 
        State and local governments.
            ``(2) Executive director.--The Office established under 
        paragraph (1) shall be headed by the Executive Director of 
        State and Local Government Coordination and Preparedness, who 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate.''.
    (b) Office for Domestic Preparedness.--The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by redesignating section 430 as section 803 and 
        transferring that section to the end of subtitle A of title 
        VIII, as amended by section 4; and
            (2) in section 803, as redesignated by paragraph (1)--
                    (A) in subsection (a), by striking ``the 
                Directorate of Border and Transportation Security'' and 
                inserting ``the Office for State and Local Government 
                Coordination and Preparedness'';
                    (B) in subsection (b), by striking ``who shall be 
                appointed by the President'' and all that follows and 
                inserting ``who shall report directly to the Executive 
                Director of State and Local Government Coordination and 
                Preparedness.'';
                    (C) in subsection (c)--
                            (i) in paragraph (7)--
                                    (I) by striking ``other'' and 
                                inserting ``the'';
                                    (II) by striking ``consistent with 
                                the mission and functions of the 
                                Directorate''; and
                                    (III) by striking ``and'' at the 
                                end; and
                            (ii) in paragraph (8)--
                                    (I) by inserting ``carrying out'' 
                                before ``those elements'';
                                    (II) by striking the period at the 
                                end and inserting ``; and'' ; and
                            (iii) by adding at the end the following:
            ``(9) managing the Homeland Security Information 
        Clearinghouse established under section 801(d).'';
                    (D) by redesignating subsection (d) as subsection 
                (e).
    (c) Technical and Conforming Amendments.--The table of contents for 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by striking the item relating to section 430;
            (2) by amending section 801 to read as follows:

``Sec. 801. Office of State and Local Government Coordination and 
                            Preparedness.''; and
            (3) by inserting after the item relating to section 802, as 
        added by this Act, the following:

``Sec. 803. Office for Domestic Preparedness.''.
    (d) Establishment of Homeland Security Information Clearinghouse.--
Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.), as amended by subsection (a), is further amended by adding at 
the end the following:
    ``(d) Homeland Security Information Clearinghouse.--
            ``(1) Establishment.--There is established within the 
        Office for State and Local Government Coordination a Homeland 
        Security Information Clearinghouse (referred to in this section 
        as the `Clearinghouse'), which shall assist States, local 
        governments, and first responders in accordance with paragraphs 
        (2) through (6).
            ``(2) Homeland security grant information.--The 
        Clearinghouse shall create a new website or enhance an existing 
        website, establish a toll-free number, and produce a single 
        publication that each contain information regarding the 
        homeland security grant programs identified under section 
        802(a)(4).
            ``(3) Technical assistance.--The Clearinghouse, in 
        consultation with the Interagency Committee established under 
        section 802, shall provide information regarding--
                    ``(A) technical assistance provided by any Federal 
                agency to States and local governments regarding 
                homeland security matters; and
                    ``(B) templates for conducting threat analyses and 
                vulnerability assessments.
            ``(4) Best practices.--The Clearinghouse shall work with 
        States, local governments, emergency response providers and the 
        National Domestic Preparedness Consortium, and private 
        organizations to gather, validate, and disseminate information 
        regarding successful State and local homeland security programs 
        and practices.
            ``(5) Use of federal funds.--The Clearinghouse shall 
        compile information regarding equipment, training, and other 
        services purchased with Federal funds provided under the 
        homeland security grant programs identified under section 
        802(a)(4), and make such information, and information regarding 
        voluntary standards of training, equipment, and exercises, 
        available to States, local governments, and first responders.
            ``(6) Other information.--The Clearinghouse shall provide 
        States, local governments, and first responders with any other 
        information that the Secretary determines necessary.''.

SEC. 1056. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.

    (a) Grants Authorized.--The Secretary of Homeland Security 
(referred to in this section as the ``Secretary'') may award grants to 
States and local governments to enhance homeland security.
    (b) Use of Funds.--
            (1) In general.--Grants awarded under subsection (a)--
                    (A) shall be used to address homeland security 
                matters related to acts of terrorism or major disasters 
                and related capacity building; and
                    (B) shall not be used to supplant ongoing first 
                responder expenses or general protective measures.
            (2) Allowable uses.--Grants awarded under subsection (a) 
        may be used to--
                    (A) develop State plans or risk assessments 
                (including the development of the homeland security 
                plan) to respond to terrorist attacks and strengthen 
                all hazards emergency planning and communitywide plans 
                for responding to terrorist or all hazards emergency 
                events that are coordinated with the capacities of 
                applicable Federal, State, and local governments, first 
                responders, and State and local government health 
                agencies;
                    (B) develop State, regional, or local mutual aid 
                agreements;
                    (C) purchase or upgrade equipment based on State 
                and local needs as identified under a State homeland 
                security plan;
                    (D) conduct exercises to strengthen emergency 
                preparedness of State and local first responders 
                including law enforcement, firefighting personnel, and 
                emergency medical service workers, and other emergency 
                responders identified in a State homeland security 
                plan;
                    (E) pay for overtime expenses relating to--
                            (i) training activities consistent with the 
                        goals outlined in a State homeland security 
                        plan;
                            (ii) as determined by the Secretary, 
                        activities relating to an increase in the 
                        threat level under the Homeland Security 
                        Advisory System; and
                            (iii) any other activity relating to the 
                        State Homeland Security Strategy, and approved 
                        by the Secretary;
                    (F) promote training regarding homeland security 
                preparedness including--
                            (i) emergency preparedness responses to a 
                        use or threatened use of a weapon of mass 
                        destruction; and
                            (ii) training in the use of equipment, 
                        including detection, monitoring, and 
                        decontamination equipment, and personal 
                        protective gear; and
                    (G) conduct any activity permitted under the Law 
                Enforcement Terrorism Prevention Grant Program.
            (3) Prohibited uses.--
                    (A) Construction.--Grants awarded under subsection 
                (a) may not be used to construct buildings or other 
                physical facilities, except those described in section 
                611 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5196) and approved 
                by the Secretary in the homeland security plan 
                certified under subsection (d), or to acquire land.
                    (B) Cost sharing.--Grant funds provided under this 
                section shall not be used for any State or local 
                government cost sharing contribution request under this 
                section.
    (c) Application.--
            (1) Submission.--A State may apply for a grant under this 
        section by submitting to the Secretary an application at such 
        time, and in such manner, and containing such information the 
        Secretary may reasonably require.
            (2) Revisions.--A State may revise a homeland security plan 
        certified under subsection (d) at the time an application is 
        submitted under paragraph (1) after receiving approval from the 
        Secretary.
            (3) Approval.--The Secretary shall not award a grant under 
        this section unless the application submitted by the State 
        includes a homeland security plan meeting the requirements of 
        subsection (d).
            (4) Release of funds.--The Secretary shall release grant 
        funds to States with approved plans after the approval of an 
        application submitted under this subsection.
    (d) Homeland Security Plan.--
            (1) In general.--An application submitted under subsection 
        (c) shall include a certification that the State has prepared a 
        3-year State homeland security plan (referred to in this 
        subsection as the ``plan'') to respond to terrorist attacks and 
        strengthen all hazards emergency planning that has been 
        approved by the Secretary.
            (2) Contents.--The plan shall contain measurable goals and 
        objectives that--
                    (A) establish a 3-year strategy to set priorities 
                for the allocation of funding to political subdivisions 
                based on the risk, capabilities, and needs described 
                under paragraph (3)(C);
                    (B) provide for secure interoperable 
                communications;
                    (C) provide for local coordination of response and 
                recovery efforts, including procedures for effective 
                incident command in conformance with the National 
                Incident Management System;
                    (D) ensure that first responders and other 
                emergency personnel have adequate training and 
                appropriate equipment for the threats that may occur;
                    (E) provide for improved coordination and 
                collaboration among police, fire, and public health 
                authorities at State and local levels;
                    (F) coordinate emergency response and public health 
                plans;
                    (G) mitigate risks to critical infrastructure that 
                may be vulnerable to terrorist attacks;
                    (H) promote regional coordination among contiguous 
                local governments;
                    (I) identify necessary protective measures by 
                private owners of critical infrastructure;
                    (J) promote orderly evacuation procedures when 
                necessary;
                    (K) ensure support from the public health community 
                for measures needed to prevent, detect and treat 
                bioterrorism, and radiological and chemical incidents;
                    (L) increase the number of local jurisdictions 
                participating in local and statewide exercises;
                    (M) meet preparedness goals as determined by the 
                Secretary; and
                    (N) include a report from the relevant advisory 
                committee established under paragraph (3)(D) that 
                documents the areas of support, disagreement, or 
                recommended changes to the plan before its submission 
                to the Secretary.
            (3) Development process.--
                    (A) In general.--In preparing the plan under this 
                section, a State shall--
                            (i) provide for the consideration of all 
                        homeland security needs;
                            (ii) follow a process that is continuing, 
                        inclusive, cooperative, and comprehensive, as 
                        appropriate; and
                            (iii) coordinate the development of the 
                        plan with the homeland security planning 
                        activities of local governments.
                    (B) Coordination with local planning activities.--
                The coordination under subparagraph (A)(iii) shall 
                contain input from local stakeholders, including--
                            (i) local officials, including 
                        representatives of rural, high-population, and 
                        high-threat jurisdictions;
                            (ii) first responders and emergency 
                        response providers; and
                            (iii) private sector companies, such as 
                        railroads and chemical manufacturers.
                    (C) Scope of planning.--Each State preparing a plan 
                under this section shall, in conjunction with the local 
                stakeholders under subparagraph (B), address all the 
                information requested by the Secretary, and complete a 
                comprehensive assessment of--
                            (i) risk, including a--
                                    (I) vulnerability assessment;
                                    (II) threat assessment; and
                                    (III) public health assessment, in 
                                coordination with the State 
                                bioterrorism plan; and
                            (ii) capabilities and needs, including--
                                    (I) an evaluation of current 
                                preparedness, mitigation, and response 
                                capabilities based on such assessment 
                                mechanisms as shall be determined by 
                                the Secretary;
                                    (II) an evaluation of capabilities 
                                needed to address the risks described 
                                under clause (i); and
                                    (III) an assessment of the 
                                shortfall between the capabilities 
                                described under subclause (I) and the 
                                required capabilities described under 
                                subclause (II).
                    (D) Advisory committee.--
                            (i) In general.--Each State preparing a 
                        plan under this section shall establish an 
                        advisory committee to receive comments from the 
                        public and the local stakeholders identified 
                        under subparagraph (B).
                            (ii) Composition.--The Advisory Committee 
                        shall include local officials, local first 
                        responders, and emergency response providers 
                        that are representative of the counties, 
                        cities, and towns within the State, and which 
                        shall include representatives of rural, high-
                        population, and high-threat jurisdictions.
            (4) Plan approval.--The Secretary shall approve a plan upon 
        finding that the plan meets the requirements of--
                    (A) paragraphs (2) and (3);
                    (B) the interim performance measurements under 
                subsection (g)(1), or the national performance 
                standards under subsection (g)(2); and
                    (C) any other criteria the Secretary determines 
                necessary to the approval of a State plan.
            (5) Review of advisory committee report.--The Secretary 
        shall review the recommendations of the advisory committee 
        report incorporated into a plan under subsection (d)(2)(N), 
        including any dissenting views submitted by advisory committee 
        members, to ensure cooperation and coordination between local 
        and State jurisdictions in planning the use of grant funds 
        under this section.
    (e) Tentative Allocation.--
            (1) Urban area security initiative grant program.--
                    (A) In general.--The Secretary shall allocate 25 
                percent of the funds appropriated under the Threat-
                Based Homeland Security Grant Program for discretionary 
                grants to be provided directly to local governments, 
                including multistate entities established by a compact 
                between 2 or more States, in high threat areas, as 
                determined by the Secretary based on the criteria under 
                subparagraph (B).
                    (B) Criteria.--The Secretary shall ensure that each 
                local government receiving a grant on the basis of 
                terrorist threat under this paragraph--
                            (i) has a large population or high 
                        population density;
                            (ii) has a high degree of threat, risk, and 
                        vulnerability related to critical 
                        infrastructure or not less than 1 key asset 
                        identified by the Secretary or State homeland 
                        security plan;
                            (iii) has an international border with 
                        Canada or Mexico, or coastline bordering 
                        international waters of Canada, Mexico, or 
                        bordering the Atlantic Ocean, the Pacific 
                        Ocean, or the Gulf of Mexico; or
                            (iv) are subject to other threat factors 
                        specified in writing by the Secretary.
                    (C) Consistency.--Any grant awarded under this 
                paragraph shall be used to supplement and support, in a 
                consistent and coordinated manner, those activities and 
                objectives described under subsection (b) or a State 
                homeland security plan.
                    (D) Coordination.--The Secretary shall ensure that 
                any grants made under this paragraph encourage multiple 
                contiguous units of local government and mutual aid 
                partners to coordinate any homeland security 
                activities.
            (2) State homeland security grant program.--
                    (A) States.--Each State whose application is 
                approved under subsection (c) shall receive, for each 
                fiscal year, the greater of--
                            (i) 0.75 percent of the amounts 
                        appropriated for the State Homeland Security 
                        Grant Program; or
                            (ii) the State's per capita share, as 
                        defined by the 2002 census population estimate, 
                        of 38.625 percent of the State Homeland 
                        Security Grant Program.
                    (B) Insular areas.--Each insular area shall 
                receive, for each fiscal year, the greater of--
                            (i) 0.075 percent of the amounts 
                        appropriated for the State Homeland Security 
                        Grant Program; or
                            (ii) the insular area's per capita share, 
                        as defined by the 2002 census population 
                        estimate, of 38.625 percent of the State 
                        Homeland Security Grant Program.
            (3) Secondary distribution.--After the distribution of 
        funds under paragraph (2), the Secretary shall, from the 
        remaining funds for the State Homeland Security Grant Program 
        and 10.8 percent of the amount appropriated for the Threat-
        Based Homeland Security Grant Program pursuant to subsection 
        (j)(1), distribute on the basis of terrorist threat amounts to 
        each State that--
                    (A) has a substantial percentage of its population 
                residing in Metropolitan Statistical Areas, as defined 
                by the Office of Management and Budget;
                    (B) has a high degree of threat, risk, and 
                vulnerability related to critical infrastructure or not 
                less than 1 key asset identified by the Secretary or 
                State homeland security plan;
                    (C) has an international border with Canada or 
                Mexico, or coastline bordering international waters of 
                Canada, Mexico, or bordering the Atlantic Ocean, the 
                Pacific Ocean, or the Gulf of Mexico; or
                    (D) are subject to other threat factors specified 
                in writing by the Secretary.
            (4) Distribution of funds.--If the amounts tentatively 
        allocated under paragraphs (1) through (3) equal the sum of the 
        amounts appropriated pursuant to subsection (j), the Secretary 
        shall distribute the appropriated amounts based on the 
        tentative allocation.
            (5) Proportional reduction.--If the amount appropriated for 
        the Large High-Threat State Fund pursuant to subsection (j)(2) 
        is less than 10.8 percent of the amount appropriated for the 
        Threat-Based Homeland Security Grant Program pursuant to 
        subsection (j)(1), the Secretary shall proportionately reduce 
        the amounts tentatively allocated under paragraphs (1) through 
        (3) so that the amount distributed is equal to the sum of the 
        amounts appropriated for such programs.
            (6) Funding for local entities and first responders.--The 
        Secretary shall require recipients of the State Homeland 
        Security Grant to provide local governments and first 
        responders, consistent with the applicable State homeland 
        security plan, with not less than 80 percent of the grant 
        funds, the resources purchased with such grant funds, or a 
        combination thereof, not later than 60 days after receiving 
        grant funding.
            (7) Supplement not supplant.--Amounts appropriated for 
        grants under this subsection shall be used to supplement and 
        not supplant other State and local public funds obligated for 
        the purposes provided under this Act.
            (8) Law enforcement terrorism prevention program.--
                    (A) In general.--The Secretary shall designate not 
                more than 25 percent of the amounts allocated through 
                the State Homeland Security Grant Program to be used 
                for the Law Enforcement Terrorism Prevention Program to 
                provide grants to law enforcement agencies to enhance 
                capabilities for terrorism prevention.
                    (B) Use of funds.--Grants awarded under this 
                paragraph may be used for--
                            (i) information sharing to preempt 
                        terrorist attacks;
                            (ii) target hardening to reduce the 
                        vulnerability of selected high value targets;
                            (iii) threat recognition to recognize the 
                        potential or development of a threat;
                            (iv) intervention activities to interdict 
                        terrorists before they can execute a threat;
                            (v) interoperable communication systems;
                            (vi) overtime expenses related to the State 
                        Homeland Security Strategy approved by the 
                        Secretary; and
                            (vii) any other terrorism prevention 
                        activity authorized by the Secretary.
    (f) Report on Homeland Security Spending.--Each recipient of a 
grant under this section shall annually submit a report to the 
Secretary that contains--
                    (A) an accounting of the amount of State and local 
                funds spent on homeland security activities under the 
                applicable State homeland security plan; and
                    (B) information regarding the use of grant funds by 
                units of local government as required by the Secretary.
    (g) Accountability.--
            (1) Interim performance measures.--
                    (A) In general.--Before establishing performance 
                standards under paragraph (2), the Secretary shall 
                assist each State in establishing interim performance 
                measures based upon--
                            (i) the goals and objectives under 
                        subsection (d)(2); and
                            (ii) any other factors determined by the 
                        Secretary.
                    (B) Annual report.--Before establishing performance 
                measures under paragraph (2), each State with an 
                approved State plan shall submit to the Secretary a 
                report detailing the progress the State has made in 
                meeting the interim performance measures established 
                under subparagraph (A).
            (2) National performance standards.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall set 
                national performance standards based in part on the 
                goals and objectives under subsection (d)(2) and any 
                other factors the Secretary determines relevant.
                    (B) Compliance.--The Secretary shall ensure that 
                State plans are in conformance with the standards set 
                under subparagraph (A).
                    (C) Annual report.--After the establishment of 
                performance standards under subparagraph (A), each 
                State with an approved State homeland security plan 
                shall submit to the Secretary a report on the progress 
                the State has made in meeting such standards.
            (3) General accounting office access to information.--Each 
        recipient of a grant under this section and the Department of 
        Homeland Security shall provide the General Accounting Office 
        with full access to information regarding the activities 
        carried out under this section.
            (4) Audit.--Grant recipients that expend $500,000 or more 
        in Federal funds during any fiscal year shall submit to the 
        Secretary an organization wide financial and compliance audit 
        report in conformance with the requirements of chapter 75 of 
        title 31, United States Code.
    (h) Remedies for Non-Compliance.--
            (1) In general.--If the Secretary finds, after reasonable 
        notice and an opportunity for a hearing, that a recipient of a 
        grant under this section has failed to substantially comply 
        with any provision of this section, the Secretary shall--
                    (A) terminate any payment of grant funds to be made 
                to the recipient under this section;
                    (B) reduce the amount of payment of grant funds to 
                the recipient by an amount equal to the amount of 
                grants funds that were not expended by the recipient in 
                accordance with this section; or
                    (C) limit the use of grant funds received under 
                this section to programs, projects, or activities not 
                affected by the failure to comply.
            (2) Duration of penalty.--The Secretary shall apply an 
        appropriate penalty under paragraph (1) until such time as the 
        Secretary determines that the grant recipient is in full 
        compliance with this section.
            (3) Direct funding.--If a State fails to substantially 
        comply with any provision of this section, including failing to 
        provide local governments with grant funds or resources 
        purchased with grant funds in a timely fashion, a local 
        government entitled to receive such grant funds or resources 
        may petition the Secretary, at such time and in such manner as 
        determined by the Secretary, to request that grant funds or 
        resources be provided directly to the local government.
    (i) Participation of under secretary for emergency preparedness and 
response.--
            (1) Participation.--The Under Secretary for Emergency 
        Preparedness and Response shall participate in the grantmaking 
        process for the Threat-Based Homeland Security Grant Program 
        for nonlaw enforcement-related grants in order to ensure that 
        preparedness grants, where appropriate, are consistent, and are 
        not in conflict, with the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            (2) Reports.--The Under Secretary for Emergency 
        Preparedness and Response shall submit to the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives an annual report that describes--
                    (A) the status of the Threat-Based Homeland 
                Security Grant Program; and
                    (B) the impact of that program on programs 
                authorized under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    (j) Reports to Congress.--The Secretary shall submit an annual 
report to Congress that provides--
            (1) findings relating to the performance standards 
        established under subsection (g);
            (2) the status of preparedness goals and objectives;
            (3) an evaluation of how States and local governments are 
        meeting preparedness goals and objectives;
            (4) the total amount of resources provided to the States;
            (5) the total amount of resources provided to units of 
        local government; and
            (6) a list of how these resources were expended.
    (k) Authorization of Appropriations.--
            (1) Threat-based homeland security grant program.--There 
        are authorized to be appropriated such sums as are necessary to 
        carry out this section.
            (2) Large high-threat state fund.--There are authorized to 
        be appropriated 10.8 percent of the funds appropriated in any 
        fiscal year pursuant to paragraph (1), which shall be used to 
        carry out the Large High-Threat State Fund.

SEC. 1057. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND ABUSE.

    (a) Annual General Accounting Office Audit and Report.--
            (1) Audit.--The Comptroller General shall conduct an annual 
        audit of the Threat Based Homeland Security Grant Program
            (2) Report.--The Comptroller General shall provide a report 
        to Congress on the results of the audit conducted under 
        paragraph (1), which includes--
                    (A) an analysis of whether the grant recipients 
                allocated funding consistent with the State homeland 
                security plan and the guidelines established by the 
                Department of Homeland Security; and
                    (B) the amount of funding devoted to overtime and 
                administrative expenses.
    (b) Reviews of Threat-Based Homeland Security Funding.--The 
Secretary, through the appropriate agency, shall conduct periodic 
reviews of grants made through the Threat Based Homeland Security Grant 
Program to ensure that recipients allocate funds consistent with the 
guidelines established by the Department of Homeland Security.
    (c) Remedies for Non-Compliance.--If the Secretary determines, 
after reasonable notice and an opportunity for a hearing, that a 
recipient of a Threat Based Homeland Security Grant has failed to 
substantially comply with any regulations or guidelines issues by the 
Department regarding eligible expenditures, the Secretary shall--
            (1) terminate any payment of grant funds scheduled to be 
        made to the recipient;
            (2) reduce the amount of payment of grant finds to the 
        recipient by an amount equal to the amount of grant funds that 
        were not expended by the recipient in accordance with such 
        guidelines; or
            (3) limit the use of grant funds received under the Threat 
        Based Homeland Security Grant Program to programs, projects, or 
        activities not affected by the failure to comply.
    (d) Duration of Penalty.--The Secretary shall apply an appropriate 
penalty under subsection (c) until such time as the Secretary 
determines that the grant recipient is in full compliance with the 
guidelines established by the Department of Homeland Security.

SEC. 1058. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.

    (a) Reallocation of Funds.--The Director of the Office for Domestic 
Preparedness, Department of Homeland Security, shall allow any State to 
request approval to reallocate funds received pursuant to 
appropriations for the State Homeland Security Grant Program under 
Public Laws 105-277 (112 Stat. 2681 et seq.), 106-113 (113 Stat. 1501A-
3 et seq.), 106-553 (114 Stat. 2762A-3 et seq.), 107-77 (115 Stat. 78 
et seq.), or the Consolidated Appropriations Resolution of 2003 (Public 
Law 108-7), among the 4 categories of equipment, training, exercises, 
and planning.
    (b) Approval of Reallocation Requests.--The Director shall approve 
reallocation requests under subsection (a) in accordance with the State 
plan and any other relevant factors that the Secretary of Homeland 
Security determines to be necessary.
    (c) Limitation.--A waiver under this section shall not affect the 
obligation of a State to pass through 80 percent of the amount 
appropriated for equipment to units of local government.

SEC. 1059. CERTIFICATION RELATIVE TO THE SCREENING OF MUNICIPAL SOLID 
              WASTE TRANSPORTED INTO THE UNITED STATES.

    (a) Defined Term.--In this section, the term ``municipal solid 
waste'' includes sludge (as defined in section 1004 of the Solid Waste 
Disposal Act (42 U.S.C. 6903)).
    (b) Reports to Congress.--Not later than 90 days after the date of 
enactment of this Act, the Bureau of Customs and Border Protection of 
the Department of Homeland Security shall submit a report to Congress 
that--
            (1) indicates whether the methodologies and technologies 
        used by the Bureau to screen for and detect the presence of 
        chemical, nuclear, biological, and radiological weapons in 
        municipal solid waste are as effective as the methodologies and 
        technologies used by the Bureau to screen for such materials in 
        other items of commerce entering into the United States by 
        commercial motor vehicle transport; and
            (2) if the methodologies and technologies used to screen 
        solid waste are less effective than those used to screen other 
        commercial items, identifies the actions that the Bureau will 
        take to achieve the same level of effectiveness in the 
        screening of solid waste, including the need for additional 
        screening technologies.
    (c) Impact on Commercial Motor Vehicles.--If the Bureau of Customs 
and Border Protection fails to fully implement the actions described in 
subsection (b)(2) before the earlier of 6 months after the date on 
which the report is due under subsection (b) or 6 months after the date 
on which such report is submitted, the Secretary of Homeland Security 
shall deny entry into the United States of any commercial motor vehicle 
(as defined in section 31101(1) of title 49, United States Code) 
carrying municipal solid waste until the Secretary certifies to 
Congress that the methodologies and technologies used by the Bureau to 
screen for and detect the presence of chemical, nuclear, biological, 
and radiological weapons in such waste are as effective as the 
methodologies and technologies used by the Bureau to screen for such 
materials in other items of commerce entering into the United States by 
commercial motor vehicle transport.
    (d) Effective Date.--Notwithstanding section 341, this section 
shall take effect on the date of enactment of this Act.

                   Subtitle F--Public Safety Spectrum

SEC. 1061. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Spectrum 
Availability for Emergency-Response and Law-Enforcement To Improve 
Vital Emergency Services Act'' or the ``SAVE LIVES Act''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 1062. FINDINGS.

    The Congress finds the following:
            (1) In its final report, the 9-11 Commission advocated that 
        Congress pass legislation providing for the expedited and 
        increased assignment of radio spectrum for public safety 
        purposes. The 9-11 Commission stated that this spectrum was 
        necessary to improve communications between local, State and 
        Federal public safety organizations and public safety 
        organizations operating in neighboring jurisdictions that may 
        respond to an emergency in unison.
            (2) Specifically, the 9-11 Commission report stated ``The 
        inability to communicate was a critical element at the World 
        Trade Center, Pentagon and Somerset County, Pennsylvania, crash 
        sites, where multiple agencies and multiple jurisdictions 
        responded. The occurrence of this problem at three very 
        different sites is strong evidence that compatible and adequate 
        communications among public safety organizations at the local, 
        State, and Federal levels remains an important problem.''.
            (3) In the Balanced Budget Act of 1997, the Congress 
        directed the FCC to allocate spectrum currently being used by 
        television broadcasters to public safety agencies to use for 
        emergency communications. This spectrum has specific 
        characteristics that make it an outstanding choice for 
        emergency communications because signals sent over these 
        frequencies are able to penetrate walls and travel great 
        distances, and can assist multiple jurisdictions in deploying 
        interoperable communications systems.
            (4) This spectrum will not be fully available to public 
        safety agencies until the completion of the digital television 
        transition. The need for this spectrum is greater than ever. 
        The nation cannot risk further loss of life due to public 
        safety agencies' first responders' inability to communicate 
        effectively in the event of another terrorist act or other 
        crisis, such as a hurricane, tornado, flood, or earthquake.
            (5) In the Balanced Budget Act of 1997, Congress set a date 
        of December 31, 2006, for the termination of the digital 
        television transition. Under current law, however, the deadline 
        will be extended if fewer than 85 percent of the television 
        households in a market are able to continue receiving local 
        television broadcast signals.
            (6) Federal Communications Commission Chairman Michael K. 
        Powell testified at a hearing before the Senate Commerce, 
        Science, and Transportation Committee on September 8, 2004, 
        that, absent government action, this extension may allow the 
        digital television transition to continue for ``decades'' or 
        ``multiples of decades''.
            (7) The Nation's public safety and welfare cannot be put 
        off for ``decades'' or ``multiples of decades''. The Federal 
        government should ensure that this spectrum is available for 
        use by public safety organizations by January 1, 2009.
            (8) Any plan to end the digital television transition would 
        be incomplete if it did not ensure that consumers would be able 
        to continue to enjoy over-the-air broadcast television with 
        minimal disruption. If broadcasters air only a digital signal, 
        some consumers may be unable to view digital transmissions 
        using their analog-only television set. Local broadcasters are 
        truly an important part of our homeland security and often an 
        important communications vehicle in the event of a national 
        emergency. Therefore, consumers who rely on over-the-air 
        television, particularly those of limited economic means, 
        should be assisted.
            (9) The New America Foundation has testified before 
        Congress that the cost to assist these 17.4 million exclusively 
        over-the-air households to continue to view television is less 
        than $1 billion dollars for equipment, which equates to roughly 
        3 percent of the Federal revenue likely from the auction of the 
        analog television spectrum.
            (10) Specifically, the New America Foundation has estimated 
        that the Federal Government's auction of this spectrum could 
        yield $30-to-$40 billion in revenue to the Treasury. Chairman 
        Powell stated at the September 8, 2004, hearing that 
        ``estimates of the value of that spectrum run anywhere from $30 
        billion to $70 billion''.
            (11) Additionally, there will be societal benefits with the 
        return of the analog broadcast spectrum. Former FCC Chairman 
        Reed F. Hundt, at an April 28, 2004, hearing before the Senate 
        Commerce, Science, and Transportation Committee, testified that 
        this spectrum ``should be the fit and proper home of wireless 
        broadband''. Mr. Hundt continued, ``Quite literally, [with this 
        spectrum] the more millions of people in rural America will be 
        able to afford Big Broadband Internet access, the more hundreds 
        of millions of people in the world will be able to afford 
        joining the Internet community.''.
            (12) Due to the benefits that would flow to the Nation's 
        citizens from the Federal Government reclaiming this analog 
        television spectrum--including the safety of our Nation's first 
        responders and those protected by first responders, additional 
        revenues to the Federal treasury, millions of new jobs in the 
        telecommunications sector of the economy, and increased 
        wireless broadband availability to our Nation's rural 
        citizens--Congress finds it necessary to set January 1, 2009, 
        as a firm date for the return of this analog television 
        spectrum.

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.

    (a) In General.--Section 309(j)(14) of the Communications Act of 
1934 (47 U.S.C. 309(j)(14)) is amended by adding at the end the 
following:
                    ``(E) Acceleration of deadline for public safety 
                use.--
                            ``(i) Notwithstanding subparagraphs (A) and 
                        (B), the Commission shall take all action 
                        necessary to complete by December 31, 2007--
                                    ``(I) the return of television 
                                station licenses operating on channels 
                                between 764 and 776 megaHertz and 
                                between 794 and 806 megaHertz; and
                                    ``(II) assignment of the 
                                electromagnetic spectrum between 764 
                                and 776 megahertz, and between 794 and 
                                806 megahertz, for public safety 
                                services.
                            ``(ii) Notwithstanding subparagraphs (A) 
                        and (B), the Commission shall have the 
                        authority to modify, reassign, or require the 
                        return of, the television station licenses 
                        assigned to frequencies between 758 and 764 
                        megahertz, 776 and 782 megahertz, and 788 and 
                        794 megahertz as necessary to permit operations 
                        by public safety services on frequencies 
                        between 764 and 776 megahertz and between 794 
                        and 806 megahertz, after the date of enactment 
                        of this section, but such modifications, 
                        reassignments, or returns may not take effect 
                        until after December 31, 2007.''.
    (b) The FCC may waive the requirements of sections (i) and (ii) and 
such other rules as necessary--
                    (A) in the absence of a bona fide request from 
                relevant first responders in the affected designated 
                market area, and;
                    (B) to the extent necessary to avoid consumer 
                disruption but only if all relevant public safety 
                entities are able to use such frequencies free of 
                interference by December 31, 2007, or are otherwise 
                able to resolve interference issues with relevant 
                broadcast licensee by mutual agreement.''

SEC. 1064. STUDIES OF COMMUNICATIONS CAPABILITIES AND NEEDS.

    (a) In General.--The Commission, in consultation with the Secretary 
of Homeland Security, shall conduct a study to assess strategies that 
may be used to meet public safety communications needs, including--
            (1) the short-term and long-term need for additional 
        spectrum allocation for Federal, State, and local first 
        responders, including an additional allocation of spectrum in 
        the 700 megaHertz band;
            (2) the need for a nationwide interoperable broadband 
        mobile communications network;
            (3) the ability of public safety entities to utilize 
        wireless broadband applications; and
            (4) the communications capabilities of first receivers such 
        as hospitals and health care workers, and current efforts to 
        promote communications coordination and training among the 
        first responders and the first receivers.
    (b) Reallocation Study.--The Commission shall conduct a study to 
assess the advisability of reallocating any amount of spectrum in the 
700 megaHertz band for unlicensed broadband uses. In the study, the 
Commission shall consider all other possible users of this spectrum, 
including public safety.
    (c) Report.--The Commission shall report the results of the 
studies, together with any recommendations it may have, to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce within 1 year after 
the date of enactment of this Act.

SEC. 1065. STATUTORY AUTHORITY FOR THE DEPARTMENT OF HOMELAND 
              SECURITY'S ``SAFECOM'' PROGRAM.

    Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) is 
amended--
            (1) by inserting ``(a) In General.--'' before ``The''; and
            (2) by adding at the end the following:
    ``(b) SAFECOM Authorized.--
            ``(1) In general.--In carrying out subsection (a), the 
        Under Secretary shall establish a program to address the 
        interoperability of communications devices used by Federal, 
        State, tribal, and local first responders, to be known as the 
        Wireless Public Safety Interoperability Communications Program, 
        or `SAFECOM'. The Under Secretary shall coordinate the program 
        with the Director of the Department of Justice's Office of 
        Science and Technology and all other Federal programs engaging 
        in communications interoperability research, development, and 
        funding activities to ensure that the program takes into 
        account, and does not duplicate, those programs or activities.
            ``(2) Components.--The program established under paragraph 
        (1) shall be designed--
                    ``(A) to provide research on the development of a 
                communications system architecture that would ensure 
                the interoperability of communications devices among 
                Federal, State, tribal, and local officials that would 
                enhance the potential for a coordinated response to a 
                national emergency;
                    ``(B) to support the completion and promote the 
                adoption of mutually compatible voluntary consensus 
                standards developed by a standards development 
                organization accredited by the American National 
                Standards Institute to ensure such interoperability; 
                and
                    ``(C) to provide for the development of a model 
                strategic plan that could be used by any State or 
                region in developing its communications 
                interoperability plan.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary to carry out 
        this subsection--
                    ``(A) $22,105,000 for fiscal year 2005;
                    ``(B) $22,768,000 for fiscal year 2006;
                    ``(C) $23,451,000 for fiscal year 2007;
                    ``(D) $24,155,000 for fiscal year 2008; and
                    ``(E) $24,879,000 for fiscal year 2009.
    ``(c) National Baseline Study of Public Safety Communications 
Interoperability.--By December 31, 2005, the Under Secretary of 
Homeland Security for Science and Technology shall complete a study to 
develop a national baseline for communications interoperability and 
develop common grant guidance for all Federal grant programs that 
provide communications-related resources or assistance to State and 
local agencies, any Federal programs conducting demonstration projects, 
providing technical assistance, providing outreach services, providing 
standards development assistance, or conducting research and 
development with the public safety community with respect to wireless 
communications. The Under Secretary shall transmit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Energy and Commerce containing the 
Under Secretary's findings, conclusions, and recommendations from the 
study.''.

SEC. 1066. GRANT PROGRAM TO PROVIDE ENHANCED INTEROPERABILITY OF 
              COMMUNICATIONS FOR FIRST RESPONDERS.

    (a) In General.--The Secretary of Homeland Security shall establish 
a program to help State, local, tribal, and regional first responders 
acquire and deploy interoperable communications equipment, purchase 
such equipment, and train personnel in the use of such equipment. The 
Secretary, in cooperation with the heads of other Federal departments 
and agencies who administer programs that provide communications-
related assistance programs to State, local, and tribal public safety 
organizations, shall develop and implement common standards to the 
greatest extent practicable.
    (b) Applications.--To be eligible for assistance under the program, 
a State, local, tribal, or regional first responder agency shall submit 
an application, at such time, in such form, and containing such 
information as the Under Secretary of Homeland Security for Science and 
Technology may require, including--
            (1) a detailed explanation of how assistance received under 
        the program would be used to improve local communications 
        interoperability and ensure interoperability with other 
        appropriate Federal, State, local, tribal, and regional 
        agencies in a regional or national emergency;
            (2) assurance that the equipment and system would--
                    (A) not be incompatible with the communications 
                architecture developed under section 302(b)(2)(A) of 
                the Homeland Security Act of 2002;
                    (B) would meet any voluntary consensus standards 
                developed under section 302(b)(2)(B) of that Act; and
                    (C) be consistent with the common grant guidance 
                established under section 302(b)(3) of the Homeland 
                Security Act of 2002.
    (c) Grants.--The Under Secretary shall review applications 
submitted under subsection (b). The Secretary, pursuant to an 
application approved by the Under Secretary, may make the assistance 
provided under the program available in the form of a single grant for 
a period of not more than 3 years.

SEC. 1067. DIGITAL TRANSITION PUBLIC SAFETY COMMUNICATIONS GRANT AND 
              CONSUMER ASSISTANCE FUND.

    (a) In General.--There is established on the books of the Treasury 
a separate fund to be known as the ``Digital Transition Consumer 
Assistance Fund'', which shall be administered by the Secretary, in 
consultation with the Assistant Secretary of Commerce for 
Communications and Information.
    (b) Crediting of Receipts.--The Fund shall be credited with the 
amount specified in section 309(j)(8)(D) of the Communications Act of 
1934 (47 U.S.C. 309(j)(8)(D)).
    (c) Fund Availability.--
            (1) Appropriations.--
                    (A) Consumer assistance program.--There are 
                appropriated to the Secretary from the Fund such sums, 
                not to exceed $1,000,000,000, as are required to carry 
                out the program established under section 8 of this 
                Act.
                    (B) PSO grant program.--To the extent that amounts 
                available in the Fund exceed the amount required to 
                carry out that program, there are authorized to be 
                appropriated to the Secretary of Homeland Security, 
                such sums as are required to carry out the program 
                established under section 6 of this Act, not to exceed 
                an amount, determined by the Director of the Office of 
                Management and Budget, on the basis of the findings of 
                the National Baseline Interoperability study conducted 
                by the SAFECOM Office of the Department of Homeland 
                Security.
            (2) Reversion of unused funds.--Any auction proceeds in the 
        Fund that are remaining after the date on which the programs 
        under section 6 and 8 of this Act terminate, as determined by 
        the Secretary of Homeland Security and the Secretary of 
        Commerce respectively, shall revert to and be deposited in the 
        general fund of the Treasury.
    (d) Deposit of Auction Proceeds.--Paragraph (8) of section 309(j) 
of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
            (1) by inserting ``or subparagraph (D)'' in subparagraph 
        (A) after ``subparagraph (B)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Disposition of cash proceeds from auction of 
                channels 52 through 69.--Cash proceeds attributable to 
                the auction of any eligible frequencies between 698 and 
                806 megaHertz on the electromagnetic spectrum conducted 
                after the date of enactment of the SAVE LIVES Act shall 
                be deposited in the Digital Transition Consumer 
                Assistance Fund established under section 7 of that 
                Act.''.

SEC. 1068. DIGITAL TRANSITION PROGRAM.

    (a) In General.--The Secretary, in consultation with the Commission 
and the Director of the Office of Management and Budget, shall 
establish a program to assist households--
            (1) in the purchase or other acquisition of digital-to-
        analog converter devices that will enable television sets that 
        operate only with analog signal processing to continue to 
        operate when receiving a digital signal;
            (2) in the payment of a one-time installation fee (not in 
        excess of the industry average fee for the date, locale, and 
        structure involved, as determined by the Secretary) for 
        installing the equipment required for residential reception of 
        services provided by a multichannel video programming 
        distributor (as defined in section 602(13) of the 
        Communications Act of 1934 (47 U.S.C. 602(13)); or
            (3) in the purchase of any other device that will enable 
        the household to receive over-the-air digital television 
        broadcast signals, but in an amount not in excess of the 
        average per-household assistance provided under paragraphs (1) 
        and (2).
    (b) Program Criteria.--The Secretary shall ensure that the program 
established under subsection (a)--
            (1) becomes publicly available no later than January 1, 
        2008;
            (2) gives first priority to assisting lower income 
        households (as determined by the Director of the Bureau of the 
        Census for statistical reporting purposes) who rely exclusively 
        on over-the-air television broadcasts;
            (3) gives second priority to assisting other households who 
        rely exclusively on over-the-air television broadcasts;
            (4) is technologically neutral; and
            (5) is conducted at the lowest feasible administrative 
        cost.

SEC. 1069. FCC AUTHORITY TO REQUIRE LABEL REQUIREMENT FOR ANALOG 
              TELEVISION SETS.

    (a) In General.--Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is amended by adding at the end the following:
    ``(z) If the Commission acts to set a hard deadline for the return 
of analog spectrum pursuant to section 309(j)(14), it shall have the 
authority to require that any apparatus described in paragraph (s) sold 
or offered for sale in or affecting interstate commerce, that is 
incapable of receiving and displaying a digital television broadcast 
signal without the use of an external device that translates digital 
television broadcast signals into analog television broadcast signals 
have affixed to it and, if it is sold or offered for sale in a 
container, affixed to that container, a label that states that the 
apparatus will be incapable of displaying over-the-air television 
broadcast signals received after a date determined by the FCC, without 
the purchase of additional equipment.''.
    (b) Point of Sale Warning.--If the Commission acts to set a hard 
deadline for the return of analog spectrum pursuant to section 
309(j)(14), then the Commission, in consultation with the Federal Trade 
Commission, shall have the authority to require the display at, or in 
close proximity to, any commercial retail sales display of television 
sets described in section 303(z) of the Communications Act of 1934 (47 
U.S.C. 303(z)) sold or offered for sale in or affecting interstate 
commerce after a date determined by the Commission, of a printed notice 
that clearly and conspicuously states that the sets will be incapable 
of displaying over-the-air television broadcast signals received after 
the hard deadline established by the Commission, without the purchase 
or lease of additional equipment.

SEC. 1070. REPORT ON CONSUMER EDUCATION PROGRAM REQUIREMENTS.

    Within 1 year after the date of enactment of this Act, the 
Assistant Secretary of Commerce for Communications and Information, 
after consultation with the Commission, shall transmit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Energy and Commerce containing 
recommendations with respect to--
            (1) an effective program to educate consumers about the 
        transition to digital television broadcast signals and the 
        impact of that transition on consumers' choices of equipment to 
        receive such signals;
            (2) the need, if any, for Federal funding for such a 
        program;
            (3) the date of commencement and duration of such a 
        program; and
            (4) what department or agency should have the lead 
        responsibility for conducting such a program.

SEC. 1071. FCC TO ISSUE DECISION IN CERTAIN PROCEEDINGS.

    The Commission shall issue a final decision before--
            (1) January 1, 2005, in the Matter of Carriage of Digital 
        Television Broadcast Signals; Amendments to Part 76 of the 
        Commission's Rules, CS Docket No. 98-120;
            (2) January 1, 2005, in the Matter of Public Interest 
        Obligations of TV Broadcast Licensees, MM Docket No. 99-360; 
        and
            (3) January 1, 2006, in the Implementation of the Satellite 
        Home Viewer Improvement Act of 1999; Local Broadcast Signal 
        Carriage Issues, CS Docket No. 00-96.

SEC. 1072. DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Fund.--The term ``Fund'' means the Digital Transition 
        Consumer Assistance Fund established by section 7.
            (3) Secretary.--Except where otherwise expressly provided, 
        the term ``Secretary'' means the Secretary of Commerce.

SEC. 1073. EFFECTIVE DATE.

    This title takes effect on the date of enactment of this Act.

                  Subtitle G--Presidential Transition

SEC. 1081. PRESIDENTIAL TRANSITION.

    (a) Services Provided President-Elect.--Section 3 of the 
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended--
            (1) by adding after subsection (a)(8)(A)(iv) the following:
                            ``(v) Activities under this paragraph shall 
                        include the preparation of a detailed 
                        classified, compartmented summary by the 
                        relevant outgoing executive branch officials of 
                        specific operational threats to national 
                        security; major military or covert operations; 
                        and pending decisions on possible uses of 
                        military force. This summary shall be provided 
                        to the President-elect as soon as possible 
                        after the date of the general elections held to 
                        determine the electors of President and Vice 
                        President under section 1 or 2 of title 3, 
                        United States Code.'';
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by adding after subsection (e) the following:
    ``(f)(1) The President-elect should submit to the Federal Bureau of 
Investigation or other appropriate agency and then, upon taking effect 
and designation, to the agency designated by the President under 
section 115(b) of the National Intelligence Reform Act of 2004, the 
names of candidates for high level national security positions through 
the level of undersecretary of cabinet departments as soon as possible 
after the date of the general elections held to determine the electors 
of President and Vice President under section 1 or 2 of title 3, United 
States Code.
    ``(2) The responsible agency or agencies shall undertake and 
complete as expeditiously as possible the background investigations 
necessary to provide appropriate security clearances to the individuals 
who are candidates described under paragraph (1) before the date of the 
inauguration of the President-elect as President and the inauguration 
of the Vice-President-elect as Vice President.''.
    (b) Sense of the Senate Regarding Expedited Consideration of 
National Security Nominees.--It is the sense of the Senate that--
            (1) the President-elect should submit the nominations of 
        candidates for high-level national security positions, through 
        the level of undersecretary of cabinet departments, to the 
        Senate by the date of the inauguration of the President-elect 
        as President; and
            (2) for all such national security nominees received by the 
        date of inauguration, the Senate committees to which these 
        nominations are referred should, to the fullest extent 
        possible, complete their consideration of these nominations, 
        and, if such nominations are reported by the committees, the 
        full Senate should vote to confirm or reject these nominations, 
        within 30 days of their submission.
    (c) Security Clearances for Transition Team Members.--
            (1) Definition.--In this section, the term ``major party'' 
        shall have the meaning given under section 9002(6) of the 
        Internal Revenue Code of 1986.
            (2) In general.--Each major party candidate for President 
        may submit, before the date of the general election, requests 
        for security clearances for prospective transition team members 
        who will have a need for access to classified information to 
        carry out their responsibilities as members of the President-
        elect's transition team.
            (3) Completion date.--Necessary background investigations 
        and eligibility determinations to permit appropriate 
        prospective transition team members to have access to 
        classified information shall be completed, to the fullest 
        extent practicable, by the day after the date of the general 
        election.
    (d) Effective Date.--Notwithstanding section 341, this section and 
the amendments made by this section shall take effect on the date of 
enactment of this Act.

                     TITLE XII--GENERAL PROVISIONS

SEC. 1101. AMENDMENTS TO CLINGER-COHEN PROVISIONS TO ENHANCE AGENCY 
              PLANNING FOR INFORMATION SECURITY NEEDS.

    Chapter 113 of title 40, United States Code, is amended--
            (1) in section 11302(b), by inserting ``security,'' after 
        ``use,'';
            (2) in section 11302(c), by inserting ``, including 
        information security risks,'' after ``risks'' both places it 
        appears;
            (3) in section 11312(b)(1), by striking ``information 
        technology investments'' and inserting ``investments in 
        information technology (including information security 
        needs)''; and
            (4) in section 11315(b)(2), by inserting ``, secure,'' 
        after ``sound''.

SEC. 1102. FINANCIAL DISCLOSURE AND RECORDS.

    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Office of Government Ethics shall submit to Congress a 
report--
            (1) evaluating the financial disclosure process for 
        employees of the executive branch of Government; and
            (2) making recommendations for improving that process.
    (b) Transmittal of Record Relating to Presidentially Appointed 
Positions to Presidential Candidates.--
            (1) Definition.--In this section, the term ``major party'' 
        has the meaning given that term under section 9002(6) of the 
        Internal Revenue Code of 1986.
            (2) Transmittal.--
                    (A) In general.--Not later than 15 days after the 
                date on which a major party nominates a candidate for 
                President, the Office of Personnel Management shall 
                transmit an electronic record to that candidate on 
                Presidentially appointed positions.
                    (B) Other candidates.--After making transmittals 
                under subparagraph (A), the Office of Personnel 
                Management may transmit an electronic record on 
                Presidentially appointed positions to any other 
                candidate for President.
            (3) Content.--The record transmitted under this subsection 
        shall provide--
                    (A) all positions which are appointed by the 
                President, including the title and description of the 
                duties of each position;
                    (B) the name of each person holding a position 
                described under subparagraph (A);
                    (C) any vacancy in the positions described under 
                subparagraph (A), and the period of time any such 
                position has been vacant;
                    (D) the date on which an appointment made after the 
                applicable Presidential election for any position 
                described under subparagraph (A) is necessary to ensure 
                effective operation of the Government; and
                    (E) any other information that the Office of 
                Personnel Management determines is useful in making 
                appointments.
    (c) Reduction of Positions Requiring Appointment With Senate 
Confirmation.--
            (1) Definition.--In this subsection, the term ``agency'' 
        means an Executive agency as defined under section 105 of title 
        5, United States Code.
            (2) Reduction plan.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the head of each agency 
                shall submit a Presidential appointment reduction plan 
                to--
                            (i) the President;
                            (ii) the Committee on Governmental Affairs 
                        of the Senate; and
                            (iii) the Committee on Government Reform of 
                        the House of Representatives.
                  (B) Content.--The plan under this paragraph shall 
                provide for the reduction of--
                            (i) the number of positions within that 
                        agency that require an appointment by the 
                        President, by and with the advice and consent 
                        of the Senate; and
                            (ii) the number of levels of such positions 
                        within that agency.
    (d) Office of Government Ethics Review of Conflict of Interest 
Law.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director of the Office of Government 
        Ethics, in consultation with the Attorney General of the United 
        States, shall conduct a comprehensive review of conflict of 
        interest laws relating to Federal employment and submit a 
        report to--
                    (A) the President;
                    (B) the Committee on Governmental Affairs of the 
                Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Government Reform of the House 
                of Representatives; and
                    (E) the Committee on the Judiciary of the House of 
                Representatives.
            (2) Content.--The report under this subsection shall--
                    (A) examine all Federal criminal conflict of 
                interest laws relating to Federal employment, including 
                the relevant provisions of chapter 11 of title 18, 
                United States Code; and
                    (B) related civil conflict of interest laws, 
                including regulations promulgated under section 402 of 
                the Ethics in Government Act of 1978 (5 U.S.C. App.).

SEC. 1103. HOMELAND SECURITY GEOGRAPHIC INFORMATION.

    (a) Findings.--Congress finds that--
            (1) geographic technologies and geographic data improve 
        government capabilities to detect, plan, prepare, and respond 
        to disasters in order to save lives and protect property;
            (2) geographic data improves the ability of information 
        technology applications and systems to enhance public security 
        in a cost-effective manner; and
            (3) geographic information preparedness in the United 
        States, and specifically in the Department of Homeland 
        Security, is insufficient because of--
                    (A) inadequate geographic data compatibility;
                    (B) insufficient geographic data sharing; and
                    (C) technology interoperability barriers.
    (b) Homeland Security Geographic Information.--Section 703 of the 
Homeland Security Act of 2002 (6 U.S.C. 343) is amended--
            (1) by inserting ``(a) In General.--'' before ``The Chief 
        Information''; and
            (2) by adding at the end the following:
    ``(b) Geographic Information Functions.--
            ``(1) Definition.--In this subsection, the term `geographic 
        information' means the information systems that involve 
        locational data, such as maps or other geospatial information 
        resources.
            ``(2) Office of geospatial management.--
                    ``(A) Establishment.--The Office of Geospatial 
                Management is established within the Office of the 
                Chief Information Officer.
                    ``(B) Geospatial information officer.--
                            ``(i) Appointment.--The Office of 
                        Geospatial Management shall be administered by 
                        the Geospatial Information Officer, who shall 
                        be appointed by the Secretary and serve under 
                        the direction of the Chief Information Officer.
                            ``(ii) Functions.--The Geospatial 
                        Information Officer shall assist the Chief 
                        Information Officer in carrying out all 
                        functions under this section and in 
                        coordinating the geographic information needs 
                        of the Department.
                    ``(C) Coordination of geographic information.--The 
                Chief Information Officer shall establish and carry out 
                a program to provide for the efficient use of 
                geographic information, which shall include--
                            ``(i) providing such geographic information 
                        as may be necessary to implement the critical 
                        infrastructure protection programs;
                            ``(ii) providing leadership and 
                        coordination in meeting the geographic 
                        information requirements of those responsible 
                        for planning, prevention, mitigation, 
                        assessment and response to emergencies, 
                        critical infrastructure protection, and other 
                        functions of the Department; and
                            ``(iii) coordinating with users of 
                        geographic information within the Department to 
                        assure interoperability and prevent unnecessary 
                        duplication.
                    ``(D) Responsibilities.--In carrying out this 
                subsection, the responsibilities of the Chief 
                Information Officer shall include--
                            ``(i) coordinating the geographic 
                        information needs and activities of the 
                        Department;
                            ``(ii) implementing standards, as adopted 
                        by the Director of the Office of Management and 
                        Budget under the processes established under 
                        section 216 of the E-Government Act of 2002 (44 
                        U.S.C. 3501 note), to facilitate the 
                        interoperability of geographic information 
                        pertaining to homeland security among all users 
                        of such information within--
                                    ``(I) the Department;
                                    ``(II) State and local government; 
                                and
                                    ``(III) the private sector;
                            ``(iii) coordinating with the Federal 
                        Geographic Data Committee and carrying out the 
                        responsibilities of the Department pursuant to 
                        Office of Management and Budget Circular A-16 
                        and Executive Order 12906; and
                            ``(iv) making recommendations to the 
                        Secretary and the Executive Director of the 
                        Office for State and Local Government 
                        Coordination and Preparedness on awarding 
                        grants to--
                                    ``(I) fund the creation of 
                                geographic data; and
                                    ``(II) execute information sharing 
                                agreements regarding geographic data 
                                with State, local, and tribal 
                                governments.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection for each fiscal year.''.

SEC. 1104. URBAN AREA COMMUNICATIONS CAPABILITIES.

    Section 510 of the Homeland Security Act of 2002, as added by this 
Act, is amended by inserting ``, and shall have appropriate and timely 
access to the Information Sharing Network described in section 206(c) 
of the National Intelligence Reform Act of 2004'' after ``each other in 
the event of an emergency''.

SEC. 1105. UNIFIED INCIDENT COMMAND CENTER.

    The United States needs to implement the recommendations of the 
National Commission on Terrorist Attacks Upon the United States to 
adopt a unified incident command system and significantly enhance 
communications connectivity between and among civilian authorities, 
local first responders, and the National Guard. The unified incident 
command system should enable emergency managers and first responders to 
manage, generate, receive, evaluate, share, and use information in the 
event of a terrorist attack or a significant national disaster.

SEC. 1106. AVIATION AND TRANSPORTATION SECURITY ACT.

    Section 145(c) of the Aviation and Transportation Security Act (49 
U.S.C. 40101 note) is amended by striking ``more than'' and all that 
follows through ``after'' and inserting ``more than 48 months after''.

SEC. 1107. LIQUEFIED NATURAL GAS MARINE TERMINALS.

    Congress finds that plans developed by the Department of Homeland 
Security to protect critical energy infrastructure should include risk 
assessments and protective measures for existing and proposed liquefied 
natural gas marine terminals.

SEC. 1108. REPORT ON INTERNATIONAL AIR CARGO THREATS.

    (a) Report.--Within 180 days after the date of enactment of this 
Act, the Secretary of Homeland Security, in coordination with the 
Secretary of Defense and the Administrator of the Federal Aviation 
Administration, shall submit a report to the Committee on Commerce, 
Science, and Transportation and the Committee on Governmental Affairs 
of the Senate and the Committee on Transportation and Infrastructure 
and the Select Committee on Homeland Security of the House of 
Representatives that contains the following:
            (1) A description of the current procedures in place to 
        address the threat of an inbound all-cargo aircraft from 
        outside the United States that intelligence sources indicate 
        could carry explosive, incendiary, chemical, biological or 
        nuclear devices.
            (2) An analysis of the potential for establishing secure 
        facilities along established international aviation routes for 
        the purposes of diverting and securing aircraft described in 
        paragraph (1).
    (b) Report Format.--The Secretary may submit all, or part, of the 
report required by this section in classified and redacted form if the 
Secretary determines that it is appropriate or necessary.

SEC. 1109. COMMUNICATION SYSTEM GRANTS.

    (a) In General.--The Secretary of Homeland Security may award 
grants, on a competitive basis, to States, local governments, local law 
enforcement agencies, and local fire departments to--
            (1) improve communication systems to allow for real time, 
        interoperable communication between State and local first 
        responders; or
            (2) purchase communication systems that allow for real 
        time, interoperable communication between State and local first 
        responders.
    (b) Application.--Any State, local government, local law 
enforcement agency, or local fire department desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
reasonably require.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary for each of the fiscal years 2005 
through 2009 to carry out the provisions of this section.

SEC. 1110. TSA FIELD OFFICE INFORMATION TECHNOLOGY AND 
              TELECOMMUNICATIONS REPORT.

    Within 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall transmit a report to the Congress, 
which may be transmitted in classified and redacted formats, setting 
forth--
            (1) a descriptive list of each administrative and airport 
        site of the Transportation Security Administration, including 
        its location, staffing, and facilities;
            (2) an analysis of the information technology and 
        telecommunications capabilities, equipment, and support 
        available at each such site, including--
                    (A) whether the site has access to broadband 
                telecommunications;
                    (B) whether the site has the ability to access 
                Transportation Security Administration databases 
                directly;
                    (C) the means available to the site for 
                communicating and sharing information and other data on 
                a real time basis with the Transportation Security 
                Administration's national, regional, and State offices 
                as well as with other Transportation Security 
                Administration sites;
                    (D) the means available to the site for 
                communicating with other Federal, State, and local 
                government sites with transportation security related 
                responsibilities; and
                    (E) whether and to what extent computers in the 
                site are linked through a local area network or 
                otherwise, and whether the information technology 
                resources available to the site are adequate to enable 
                it to carry out its functions and purposes; and
            (3) an assessment of current and future needs of the 
        Transportation Security Administration to provide adequate 
        information technology and telecommunications facilities, 
        equipment, and support to its sites, and an estimate of the 
        costs of meeting those needs.

SEC. 1111. INTELLIGENCE COMMUNITY USE OF NISAC CAPABILITIES.

    The National Intelligence Director shall establish a formal 
relationship, including information sharing, between the intelligence 
community and the National Infrastructure Simulation and Analysis 
Center. Through this relationship, the intelligence community shall 
take full advantage of the capabilities of the National Infrastructure 
Simulation and Analysis Center, particularly vulnerability and 
consequence analysis, for real time response to reported threats and 
long term planning for projected threats.

SEC. 1112. NATIONWIDE INTEROPERABLE COMMUNICATIONS NETWORK.

    (a) In General.--Within one year of enactment, the Secretary of 
Homeland Security, in coordination with the Federal Communications 
Commission and the National Telecommunications and Information 
Administration, shall complete a study assessing potential technical 
and operational standards and protocols for a nationwide interoperable 
communications network (referred to in this section as the ``Network'') 
that may be used by Federal, State, and local governmental and non-
governmental public safety, homeland security, and other first 
responder personnel. The assessment shall be consistent with the 
SAFECOM national strategy as developed by the public safety community 
in cooperation with SAFECOM and the DHS Interoperability Office. The 
Secretary shall report the results of the study to the Senate Committee 
on Commerce, Science, and Transportation, the Senate Committee on 
Governmental Affairs, the House of Representatives Committee on Energy 
and Commerce, and the House of Representatives Select Committee on 
Homeland Security.
    (b) Consultation and Use of Commercial Technologies.--In assessing 
standards and protocols pursuant to paragraph (a), the Secretary of 
Homeland Security shall--
            (1) seek input from representatives of the user communities 
        regarding the operation and administration of the Network; and
            (2) consider use of commercial wireless technologies to the 
        greatest extent practicable.

SEC. 1113. COMMUNICATIONS INTEROPERABILITY.

    (a) Definition.--As used in this section, the term ``equipment 
interoperability'' means the devices that support the ability of public 
safety service and support providers to talk with each other via voice 
and data on demand, in real time, when needed, and when authorized.
    (b) National Guidelines for Equipment Interoperability.--Not later 
than one year after the date of enactment of this Act, the Secretary of 
Homeland Security, after consultation with the Federal Communications 
Commission and the National Telecommunications and Information 
Administration, and other appropriate representatives of Federal, 
State, and local government and first responders, shall adopt, by 
regulation, national goals and guidelines for equipment 
interoperability and related issues that--
            (1) set short-term, mid-term, and long-term means and 
        minimum equipment performance guidelines for Federal agencies, 
        States, and local governments;
            (2) recognize--
                    (A) the value, life cycle, and technical 
                capabilities of existing communications infrastructure;
                    (B) the need for cross-border interoperability 
                between States and nations;
                    (C) the unique needs of small, rural communities; 
                and
                    (D) the interoperability needs for daily operations 
                and catastrophic events.
    (c) National Equipment Interoperability Implementation Plan.--
            (1) Development.--Not later than 180 days of the completion 
        of the development of goals and guidelines under subsection 
        (b), the Secretary of Homeland Security shall develop an 
        implementation plan that--
                    (A) outlines the responsibilities of the Department 
                of Homeland Security; and
                    (B) focuses on providing technical and financial 
                assistance to States and local governments for 
                interoperability planning and implementation.
            (2) Execution.--The Secretary shall execute the plan 
        developed under this subsection as soon as practicable.
            (3) Reports.--
                    (A) Initial report.--Upon the completion of the 
                plan under subsection (c), the Secretary shall submit a 
                report that describes such plan to--
                            (i) the Committee on Governmental Affairs 
                        of the Senate;
                            (ii) the Committee on Environment and 
                        Public Works of the Senate;
                            (iii) the Committee on Commerce, Science, 
                        and Transportation of the Senate;
                            (iv) the Select Committee on Homeland 
                        Security of the House of Representatives; and
                            (v) the Committee on Energy and Commerce of 
                        the House of Representatives.
                    (B) Annual report.--Not later than 1 year after the 
                submission of the report under subparagraph (A), and 
                annually thereafter, the Secretary shall submit a 
                report to the committees referred to in subparagraph 
                (A) that describes the progress made in implementing 
                the plan developed under this subsection.
    (d) International Interoperability.--Not later than 1 year after 
the date of enactment of this Act, the President shall establish a 
mechanism for coordinating cross-border interoperability issues 
between--
            (1) the United States and Canada; and
            (2) the United States and Mexico.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2005 through 2009--
            (1) such sums as may be necessary to carry out subsection 
        (b);
            (2) such sums as may be necessary to carry out subsection 
        (c); and
            (3) such sums as may be necessary to carry out subsection 
        (d).

SEC. 1114. DEADLINE FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND 
              ASSESSMENTS.

    (a) Strategic Plan Reports.--Within 90 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
transmit to the Congress--
            (1) a report on the status of the National Maritime 
        Transportation Security Plan required by section 70103(a) of 
        title 46, United States Code, which may be submitted in 
        classified and redacted format;
            (2) a comprehensive program management plan that identifies 
        specific tasks to be completed and deadlines for completion for 
        the transportation security card program under section 70105 of 
        title 46, United States Code that incorporates best practices 
        for communicating, coordinating, and collaborating with the 
        relevant stakeholders to resolve relevant issues, such as 
        background checks;
            (3) a report on the status of negotiations under section 
        103 of the Maritime Transportation Security Act of 2002 (46 
        U.S.C. 70111 note);
            (4) the report required by section 107(b) of the Maritime 
        Transportation Security Act of 2002 (33 U.S.C. 1226 note); and
            (5) a report on the status of the development of the system 
        and program mandated by section 111 of the Maritime 
        Transportation Security Act of 2002 (46 U.S.C. 70116 note).
    (b) Other Reports.--Within 90 days after the date of enactment of 
this Act--
            (1) the Secretary of Homeland Security shall transmit to 
        the Congress--
                    (A) a report on the establishment of the National 
                Maritime Security Advisory Committee appointed under 
                section 70112 of title 46, United States Code; and
                    (B) a report on the status of the program 
                established under section 70116 of title 46, United 
                States Code, to evaluate and certify secure systems of 
                international intermodal transportation;
            (2) the Secretary of Transportation shall transmit to the 
        Congress the annual report required by section 905 of the 
        International Maritime and Port Security Act (46 U.S.C. App. 
        1802) that includes information that should have been included 
        in the last preceding annual report that was due under that 
        section; and
            (3) the Commandant of the United States Coast Guard shall 
        transmit to Congress the report required by section 110(b) of 
        the Maritime Transportation Security Act of 2002 (46 U.S.C. 
        70101 note).
    (d) Effective Date.--Notwithstanding any other provision of this 
Act, this section takes effect on the date of enactment of this Act.

SEC. 1115. TERRORISM FINANCING.

    (a) Report on Terrorist Financing.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the President, acting through the 
        Secretary of the Treasury, shall submit to Congress a report 
        evaluating the current state of United States efforts to 
        curtail the international financing of terrorism.
            (2) Contents.--The report required by paragraph (1) shall 
        evaluate and make recommendations on--
                    (A) the effectiveness and efficiency of current 
                United States governmental efforts and methods to 
                detect, track, disrupt, and stop terrorist financing;
                    (B) the relationship between terrorist financing 
                and money laundering, including how the laundering of 
                proceeds related to illegal narcotics or foreign 
                political corruption may contribute to terrorism or 
                terrorist financing;
                    (C) the nature, effectiveness, and efficiency of 
                current efforts to coordinate intelligence and agency 
                operations within the United States Government to 
                detect, track, disrupt, and stop terrorist financing, 
                including identifying who, if anyone, has primary 
                responsibility for developing priorities, assigning 
                tasks to agencies, and monitoring the implementation of 
                policy and operations;
                    (D) the effectiveness and efficiency of efforts to 
                protect the critical infrastructure of the United 
                States financial system, and ways to improve the 
                effectiveness of financial institutions;
                    (E) ways to improve multilateral and international 
                governmental cooperation on terrorist financing, 
                including the adequacy of agency coordination within 
                the United States related to participating in 
                international cooperative efforts and implementing 
                international treaties and compacts; and
                    (F) ways to improve the setting of priorities and 
                coordination of United States efforts to detect, track, 
                disrupt, and stop terrorist financing, including 
                recommendations for changes in executive branch 
                organization or procedures, legislative reforms, 
                additional resources, or use of appropriated funds.
    (b) Postemployment Restriction for Certain Bank and Thrift 
Examiners.--Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 
1820) is amended by adding at the end the following:
    ``(k) One-year Restrictions on Federal Examiners of Financial 
Institutions.--
            ``(1) In general.--In addition to other applicable 
        restrictions set forth in title 18, United States Code, the 
        penalties set forth in paragraph (6) of this subsection shall 
        apply to any person who--
                    ``(A) was an officer or employee (including any 
                special Government employee) of a Federal banking 
                agency or a Federal reserve bank;
                    ``(B) served 2 or more months during the final 12 
                months of his or her employment with such agency or 
                entity as the senior examiner (or a functionally 
                equivalent position) of a depository institution or 
                depository institution holding company with continuing, 
                broad responsibility for the examination (or 
                inspection) of that depository institution or 
                depository institution holding company on behalf of the 
                relevant agency or Federal reserve bank; and
                    ``(C) within 1 year after the termination date of 
                his or her service or employment with such agency or 
                entity, knowingly accepts compensation as an employee, 
                officer, director, or consultant from--
                            ``(i) such depository institution, any 
                        depository institution holding company that 
                        controls such depository institution, or any 
                        other company that controls such depository 
                        institution; or
                            ``(ii) such depository institution holding 
                        company or any depository institution that is 
                        controlled by such depository institution 
                        holding company.
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) the term `depository institution' includes an 
                uninsured branch or agency of a foreign bank, if such 
                branch or agency is located in any State; and
                    ``(B) the term `depository institution holding 
                company' includes any foreign bank or company described 
                in section 8(a) of the International Banking Act of 
                1978.
            ``(3) Rules of construction.--For purposes of this 
        subsection, a foreign bank shall be deemed to control any 
        branch or agency of the foreign bank, and a person shall be 
        deemed to act as a consultant for a depository institution, 
        depository institution holding company, or other company, only 
        if such person directly works on matters for, or on behalf of, 
        such depository institution, depository institution holding 
        company, or other company.
            ``(4) Regulations.--
                    ``(A) In general.--Each Federal banking agency 
                shall prescribe rules or regulations to administer and 
                carry out this subsection, including rules, 
                regulations, or guidelines to define the scope of 
                persons referred to in paragraph (1)(B).
                    ``(B) Consultation required.--The Federal banking 
                agencies shall consult with each other for the purpose 
                of assuring that the rules and regulations issued by 
                the agencies under subparagraph (A) are, to the extent 
                possible, consistent and comparable and practicable, 
                taking into account any differences in the supervisory 
                programs utilized by the agencies for the supervision 
                of depository institutions and depository institution 
                holding companies.
            ``(5) Waiver.--
                    ``(A) Agency authority.--A Federal banking agency 
                may grant a waiver, on a case by case basis, of the 
                restriction imposed by this subsection to any officer 
                or employee (including any special Government employee) 
                of that agency, and the Board of Governors of the 
                Federal Reserve System may grant a waiver of the 
                restriction imposed by this subsection to any officer 
                or employee of a Federal reserve bank, if the head of 
                such agency certifies in writing that granting the 
                waiver would not affect the integrity of the 
                supervisory program of the relevant Federal banking 
                agency.
                    ``(B) Definition.--For purposes of this paragraph, 
                the head of an agency is--
                            ``(i) the Comptroller of the Currency, in 
                        the case of the Office of the Comptroller of 
                        the Currency;
                            ``(ii) the Chairman of the Board of 
                        Governors of the Federal Reserve System, in the 
                        case of the Board of Governors of the Federal 
                        Reserve System;
                            ``(iii) the Chairperson of the Board of 
                        Directors, in the case of the Corporation; and
                            ``(iv) the Director of the Office of Thrift 
                        Supervision, in the case of the Office of 
                        Thrift Supervision.
            ``(6) Penalties.--
                    ``(A) In general.--In addition to any other 
                administrative, civil, or criminal remedy or penalty 
                that may otherwise apply, whenever a Federal banking 
                agency determines that a person subject to paragraph 
                (1) has become associated, in the manner described in 
                paragraph (1)(C), with a depository institution, 
                depository institution holding company, or other 
                company for which such agency serves as the appropriate 
                Federal banking agency, the agency shall impose upon 
                such person one or more of the following penalties:
                            ``(i) Industry-wide prohibition order.--The 
                        Federal banking agency shall serve a written 
                        notice or order in accordance with and subject 
                        to the provisions of section 8(e)(4) for 
                        written notices or orders under paragraphs (1) 
                        or (2) of section 8(e), upon such person of the 
                        intention of the agency--
                                    ``(I) to remove such person from 
                                office or to prohibit such person from 
                                further participation in the conduct of 
                                the affairs of the depository 
                                institution, depository institution 
                                holding company, or other company for a 
                                period of up to 5 years; and
                                    ``(II) to prohibit any further 
                                participation by such person, in any 
                                manner, in the conduct of the affairs 
                                of any insured depository institution 
                                for a period of up to 5 years.
                            ``(ii) Civil monetary fine.--The Federal 
                        banking agency may, in an administrative 
                        proceeding or civil action in an appropriate 
                        United States district court, impose on such 
                        person a civil monetary penalty of not more 
                        than $250,000. In lieu of an action by the 
                        Federal banking agency under this clause, the 
                        Attorney General of the United States may bring 
                        a civil action under this clause in the 
                        appropriate United States district court. Any 
                        administrative proceeding under this clause 
                        shall be conducted in accordance with section 
                        8(i).
                    ``(B) Scope of prohibition order.--Any person 
                subject to an order issued under subparagraph (A)(i) 
                shall be subject to paragraphs (6) and (7) of section 
                8(e) in the same manner and to the same extent as a 
                person subject to an order issued under such section.
                    ``(C) Definitions.--Solely for purposes of this 
                paragraph, the `appropriate Federal banking agency' for 
                a company that is not a depository institution or 
                depository institution holding company shall be the 
                Federal banking agency on whose behalf the person 
                described in paragraph (1) performed the functions 
                described in paragraph (1)(B).''.
    (c) Postemployment Restriction for Certain Credit Union 
Examiners.--Section 206 of the Federal Credit Union Act (12 U.S.C. 
1786) is amended by adding at the end the following:
    ``(w) One-year Restrictions on Federal Examiners of Insured Credit 
Unions.--
            ``(1) In general.--In addition to other applicable 
        restrictions set forth in title 18, United States Code, the 
        penalties set forth in paragraph (5) of this subsection shall 
        apply to any person who--
                    ``(A) was an officer or employee (including any 
                special Government employee) of the Administration;
                    ``(B) served 2 or more months during the final 12 
                months of his or her employment with the Administration 
                as the senior examiner (or a functionally equivalent 
                position) of an insured credit union with continuing, 
                broad responsibility for the examination (or 
                inspection) of that insured credit union on behalf of 
                the Administration; and
                    ``(C) within 1 year after the termination date of 
                his or her service or employment with the 
                Administration, knowingly accepts compensation as an 
                employee, officer, director, or consultant from such 
                insured credit union.
            ``(2) Rule of construction.--For purposes of this 
        subsection, a person shall be deemed to act as a consultant for 
        an insured credit union only if such person directly works on 
        matters for, or on behalf of, such insured credit union.
            ``(3) Regulations.--
                    ``(A) In general.--The Board shall prescribe rules 
                or regulations to administer and carry out this 
                subsection, including rules, regulations, or guidelines 
                to define the scope of persons referred to in paragraph 
                (1)(B).
                    ``(B) Consultation.--In prescribing rules or 
                regulations under this paragraph, the Board shall, to 
                the extent it deems necessary, consult with the Federal 
                banking agencies (as defined in section 3 of the 
                Federal Deposit Insurance Act) on regulations issued by 
                such agencies in carrying out section 10(k) of the 
                Federal Deposit Insurance Act.
            ``(4) Waiver.--
                    ``(A) Agency authority.--The Board may grant a 
                waiver, on a case by case basis, of the restriction 
                imposed by this subsection to any officer or employee 
                (including any special Government employee) of the 
                Administration if the Chairman certifies in writing 
                that granting the waiver would not affect the integrity 
                of the supervisory program of the Administration.
            ``(5) Penalties.--
                    ``(A) In general.--In addition to any other 
                administrative, civil, or criminal remedy or penalty 
                that may otherwise apply, whenever the Board determines 
                that a person subject to paragraph (1) has become 
                associated, in the manner described in paragraph 
                (1)(C), with an insured credit union, the Board shall 
                impose upon such person one or more of the following 
                penalties:
                            ``(i) Industry-wide prohibition order.--The 
                        Board shall serve a written notice or order in 
                        accordance with and subject to the provisions 
                        of subsection (g)(4) for written notices or 
                        orders under paragraphs (1) or (2) of 
                        subsection (g), upon such person of the 
                        intention of the Board--
                                    ``(I) to remove such person from 
                                office or to prohibit such person from 
                                further participation in the conduct of 
                                the affairs of the insured credit union 
                                for a period of up to 5 years; and
                                    ``(II) to prohibit any further 
                                participation by such person, in any 
                                manner, in the conduct of the affairs 
                                of any insured credit union for a 
                                period of up to 5 years.
                            ``(ii) Civil monetary fine.--The Board may, 
                        in an administrative proceeding or civil action 
                        in an appropriate United States district court, 
                        impose on such person a civil monetary penalty 
                        of not more than $250,000. In lieu of an action 
                        by the Board under this clause, the Attorney 
                        General of the United States may bring a civil 
                        action under this clause in the appropriate 
                        United States district court. Any 
                        administrative proceeding under this clause 
                        shall be conducted in accordance with 
                        subsection (k).
                    ``(B) Scope of prohibition order.--Any person 
                subject to an order issued under this subparagraph 
                (A)(i) shall be subject to paragraphs (5) and (7) of 
                subsection (g) in the same manner and to the same 
                extent as a person subject to an order issued under 
                subsection (g).''.
    (d) Effective Date.--Notwithstanding section 341, subsection (a) 
shall become effective on the date of enactment of this Act, and the 
amendments made by subsections (b) and (c) shall become effective at 
the end of the 12-month period beginning on the date of enactment of 
this Act, whether or not final regulations are issued in accordance 
with the amendments made by this section as of that date of enactment.
    (e) Repeal of Duplicative Provision.--Section __16(c) of this Act, 
entitled ``Report on Terrorist Financing'' is repealed, and shall have 
no force or effect, effective on the date of enactment of this Act.

SEC. 1116. PRIVATE SECURITY OFFICER EMPLOYMENT AUTHORIZATION ACT OF 
              2004.

    (a) Short Title.--This section may be cited as the ``Private 
Security Officer Employment Authorization Act of 2004''.
    (b) Findings.--Congress finds that--
            (1) employment of private security officers in the United 
        States is growing rapidly;
            (2) private security officers function as an adjunct to, 
        but not a replacement for, public law enforcement by, among 
        other things, helping to protect critical infrastructure, 
        including hospitals, manufacturing facilities, defense and 
        aerospace contractors, nuclear power plants, chemical 
        companies, oil and gas refineries, airports, communication 
        facilities and operations, and others;
            (3) the 9-11 Commission Report says that ``Private sector 
        preparedness is not a luxury; it is a cost of doing business in 
        the post-9/11 world. It is ignored at a tremendous potential 
        cost in lives, money, and national security'' and endorsed 
        adoption of the American National Standards Institute's 
        standard for private preparedness;
            (4) part of improving private sector preparedness is 
        mitigating the risks of terrorist attack on critical 
        infrastructure by ensuring that private security officers who 
        protect those facilities are properly screened to determine 
        their suitability;
            (5) the American public deserves the employment of 
        qualified, well-trained private security personnel as an 
        adjunct to sworn law enforcement officers; and
            (6) private security officers and applicants for private 
        security officer positions should be thoroughly screened and 
        trained.
    (c) Definitions.--In this section:
            (1) Employee.--The term ``employee'' includes both a 
        current employee and an applicant for employment as a private 
        security officer.
            (2) Authorized employer.--The term ``authorized employer'' 
        means any person that--
                    (A) employs private security officers; and
                    (B) is authorized by regulations promulgated by the 
                Attorney General to request a criminal history record 
                information search of an employee through a State 
                identification bureau pursuant to this section.
            (3) Private security officer.-- The term ``private security 
        officer''--
                    (A) means an individual other than an employee of a 
                Federal, State, or local government, whose primary duty 
                is to perform security services, full- or part-time, 
                for consideration, whether armed or unarmed and in 
                uniform or plain clothes (except for services excluded 
                from coverage under this section if the Attorney 
                General determines by regulation that such exclusion 
                would serve the public interest); but
                    (B) does not include--
                            (i) employees whose duties are primarily 
                        internal audit or credit functions;
                            (ii) employees of electronic security 
                        system companies acting as technicians or 
                        monitors; or
                            (iii) employees whose duties primarily 
                        involve the secure movement of prisoners.
            (4) Security services.--The term ``security services'' 
        means acts to protect people or property as defined by 
        regulations promulgated by the Attorney General.
            (5) State identification bureau.--The term ``State 
        identification bureau'' means the State entity designated by 
        the Attorney General for the submission and receipt of criminal 
        history record information.
    (d) Criminal History Record Information Search.--
            (1) In general.--
                    (A) Submission of fingerprints.--An authorized 
                employer may submit to the State identification bureau 
                of a participating State, fingerprints or other means 
                of positive identification, as determined by the 
                Attorney General, of an employee of such employer for 
                purposes of a criminal history record information 
                search pursuant to this section.
                    (B) Employee rights.--
                            (i) Permission.--An authorized employer 
                        shall obtain written consent from an employee 
                        to submit to the State identification bureau of 
                        a participating State the request to search the 
                        criminal history record information of the 
                        employee under this section.
                            (ii) Access.--An authorized employer shall 
                        provide to the employee confidential access to 
                        any information relating to the employee 
                        received by the authorized employer pursuant to 
                        this section.
                    (C) Providing information to the state 
                identification bureau.--Upon receipt of a request for a 
                criminal history record information search from an 
                authorized employer pursuant to this section, submitted 
                through the State identification bureau of a 
                participating State, the Attorney General shall--
                            (i) search the appropriate records of the 
                        Criminal Justice Information Services Division 
                        of the Federal Bureau of Investigation; and
                            (ii) promptly provide any resulting 
                        identification and criminal history record 
                        information to the submitting State 
                        identification bureau requesting the 
                        information.
                    (D) Use of information.--
                            (i) In general.--Upon receipt of the 
                        criminal history record information from the 
                        Attorney General by the State identification 
                        bureau, the information shall be used only as 
                        provided in clause (ii).
                            (ii) Terms.--In the case of--
                                    (I) a participating State that has 
                                no State standards for qualification to 
                                be a private security officer, the 
                                State shall notify an authorized 
                                employer as to the fact of whether an 
                                employee has been--
                                            (aa) convicted of a felony, 
                                        an offense involving dishonesty 
                                        or a false statement if the 
                                        conviction occurred during the 
                                        previous 10 years, or an 
                                        offense involving the use or 
                                        attempted use of physical force 
                                        against the person of another 
                                        if the conviction occurred 
                                        during the previous 10 years; 
                                        or
                                            (bb) charged with a 
                                        criminal felony for which there 
                                        has been no resolution during 
                                        the preceding 365 days; or
                                    (II) a participating State that has 
                                State standards for qualification to be 
                                a private security officer, the State 
                                shall use the information received 
                                pursuant to this section in applying 
                                the State standards and shall only 
                                notify the employer of the results of 
                                the application of the State standards.
                    (E) Frequency of requests.--An authorized employer 
                may request a criminal history record information 
                search for an employee only once every 12 months of 
                continuous employment by that employee unless the 
                authorized employer has good cause to submit additional 
                requests.
            (2) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall issue such 
        final or interim final regulations as may be necessary to carry 
        out this section, including--
                    (A) measures relating to the security, 
                confidentiality, accuracy, use, submission, 
                dissemination, destruction of information and audits, 
                and recordkeeping;
                    (B) standards for qualification as an authorized 
                employer; and
                    (C) the imposition of reasonable fees necessary for 
                conducting the background checks.
            (3) Criminal penalties for use of information.--Whoever 
        knowingly and intentionally uses any information obtained 
        pursuant to this section other than for the purpose of 
        determining the suitability of an individual for employment as 
        a private security officer shall be fined under title 18, 
        United States Code, or imprisoned for not more than 2 years, or 
        both.
            (4) User fees.--
                    (A) In general.--The Director of the Federal Bureau 
                of Investigation may--
                            (i) collect fees to process background 
                        checks provided for by this section; and
                            (ii) establish such fees at a level to 
                        include an additional amount to defray expenses 
                        for the automation of fingerprint 
                        identification and criminal justice information 
                        services and associated costs.
                    (B) Limitations.--Any fee collected under this 
                subsection--
                            (i) shall, consistent with Public Law 101-
                        515 and Public Law 104-99, be credited to the 
                        appropriation to be used for salaries and other 
                        expenses incurred through providing the 
                        services described in such Public Laws and in 
                        subparagraph (A);
                            (ii) shall be available for expenditure 
                        only to pay the costs of such activities and 
                        services; and
                            (iii) shall remain available until 
                        expended.
                    (C) State costs.--Nothing in this section shall be 
                construed as restricting the right of a State to assess 
                a reasonable fee on an authorized employer for the 
                costs to the State of administering this section.
            (5) State opt out.--A State may decline to participate in 
        the background check system authorized by this section by 
        enacting a law or issuing an order by the Governor (if 
        consistent with State law) providing that the State is 
        declining to participate pursuant to this paragraph.

SEC. 1117. BIOMETRIC STANDARD FOR VISA APPLICATIONS.

    (a) Short Title.--This section may be cited as the ``Biometric Visa 
Standard Distant Borders Act''.
    (b) Technology Standard for Visa Waiver Participants.--Section 
303(c) of the Enhanced Border Security and Visa Entry Reform Act of 
2002 (8 U.S.C. 1732(c)) is amended to read as follows:
    ``(c) Technology Standard for Visa Waiver Participants.--
            ``(1) In general.--Not later than October 26, 2006, the 
        Secretary of State shall certify to Congress which of the 
        countries designated to participate in the visa waiver program 
        established under section 217 of the Immigration and 
        Nationality Act (8 U.S.C. 1187) are developing a program to 
        issue to individuals seeking to enter that country pursuant to 
        a visa issued by that country, a machine readable visa document 
        that is tamper-resistant and incorporates biometric 
        identification information that is verifiable at its port of 
        entry.
            ``(2) Savings clause.--This subsection shall not be 
        construed to rescind the requirement of section 217(a)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)).''.

SEC. 1118. ANNUAL REPORT ON THE ALLOCATION OF RESOURCES WITHIN THE 
              OFFICE OF FOREIGN ASSETS CONTROL.

    (a) Requirement for Annual Report.--Not later than 180 days after 
the date of enactment of this Act, and annually thereafter, the 
Secretary of the Treasury shall submit to Congress a report on the 
allocation of resources within the Office of Foreign Assets Control.
    (b) Content of Annual Report.--An annual report required by 
subsection (a) shall include--
            (1) a description of--
                    (A) the allocation of resources within the Office 
                of Foreign Assets Control to enforce the economic and 
                trade sanctions of the United States against terrorist 
                organizations and targeted foreign countries during the 
                fiscal year prior to the fiscal year in which such 
                report is submitted; and
                    (B) the criteria on which such allocation is based;
            (2) a description of any proposed modifications to such 
        allocation; and
            (3) an explanation for any such allocation that is not 
        based on prioritization of threats determined using appropriate 
        criteria, including the likelihood that--
                    (A) a terrorist organization or targeted foreign 
                country--
                            (i) will sponsor or plan a direct attack 
                        against the United States or the interests of 
                        the United States; or
                            (ii) is participating in or maintaining a 
                        nuclear, biological, or chemical weapons 
                        development program; or
                    (B) a targeted foreign country--
                            (i) is financing, or allowing the 
                        financing, of a terrorist organization within 
                        such country; or
                            (ii) is providing safe haven to a terrorist 
                        organization within such country.
    (c) Effective Date.--Notwithstanding section 341 or any other 
provision of this Act, this section shall take effect on the date of 
the enactment of this Act.

SEC. 1119. CONGRESSIONAL OVERSIGHT OF FBI USE OF TRANSLATORS.

    Not later than 30 days after the date of enactment of this Act, and 
annually thereafter, the Attorney General of the United States shall 
submit a report to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives, that 
contains, with respect to each preceding 12-month period--
            (1) the number of translators employed, or contracted for, 
        by the Federal Bureau of Investigation or other components of 
        the Department of Justice;
            (2) any legal or practical impediments to using translators 
        employed by the Federal, State, or local agencies on a full-
        time, part-time, or shared basis;
            (3) the needs of the Federal Bureau of Investigation for 
        the specific translation services in certain languages, and 
        recommendations for meeting those needs;
            (4) the status of any automated statistical reporting 
        system, including implementation and future viability;
            (5) the storage capabilities of the digital collection 
        system or systems utilized;
            (6) a description of the establishment and compliance with 
        audio retention policies that satisfy the investigative and 
        intelligence goals of the Federal Bureau of Investigation; and
            (7) a description of the implementation of quality control 
        procedures and mechanisms for monitoring compliance with 
        quality control procedures.

SEC. 1120. TERRORIST WATCH LISTS.

    (a) Criteria for Watch List.--The National Intelligence Director of 
the United States, in consultation with the Secretary of Homeland 
Security, the Secretary of State, and the Attorney General, shall 
report to Congress on the criteria for placing individuals on the 
Terrorist Screening Center consolidated screening watch list, including 
minimum standards for reliability and accuracy of identifying 
information, the degree of information certainty and the range of 
threat levels that the individual poses, and the range of applicable 
consequences that apply to the person if located. To the greatest 
extent consistent with the protection of law enforcement sensitive 
information, classified information, and applicable law, the report 
shall be in unclassified form and available to the public, with a 
classified annex where necessary.
    (b) Safeguards Against Erroneous Listings.--The Secretary of 
Homeland Security shall establish a process for individuals to 
challenge ``Automatic Selectee'' or ``No Fly'' designations on the 
applicable lists as maintained by the Transportation Security 
Administration and have their names removed from such lists, if 
erroneously present.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Department of Homeland Security Privacy Officer shall 
submit a report assessing the impact of the ``No Fly'' and ``Automatic 
Selectee'' lists on privacy and civil liberties to the Committee on the 
Judiciary, the Committee on Governmental Affairs, and the Committee on 
Commerce, Science, and Transportation of the Senate, and the Committee 
on the Judiciary, the Committee on Government Reform, the Committee on 
Transportation and Infrastructure, and the Select Committee on Homeland 
Security of the House of Representatives. The report shall include any 
recommendations for practices, procedures, regulations, or legislation 
to eliminate or minimize adverse effects of such lists on privacy, 
discrimination, due process and other civil liberties, as well as the 
implications of applying those lists to other modes of transportation. 
In its analysis, the report shall also consider the effect these 
recommendations would have on the ability of such lists to protect the 
United States against terrorist attacks. To the greatest extent 
consistent with the protection of law enforcement sensitive 
information, classified information, and applicable law, the report 
shall be in unclassified form and available to the public, with a 
classified annex where necessary.
    (d) Effective Date.--Notwithstanding section 341 or any other 
provision of this Act, this section shall become effective on the date 
of enactment of this Act.

SEC. 1121. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.

    (a) Pilot Projects.--Consistent with sections 302 and 430 of the 
Homeland Security Act of 2002 (6 U.S.C. 182, 238), not later than 90 
days after the date of enactment of this Act, the Secretary of Homeland 
Security, in coordination with the Executive Director of the Office of 
State and Local Government Coordination and Preparedness and the 
Undersecretary for Science and Technology, shall establish not fewer 
than 2 pilot projects in high threat urban areas or regions that are 
likely to implement a national model strategic plan.
    (b) Purposes.--The purposes of the pilot projects required by this 
section shall be to develop a regional strategic plan to foster 
interagency communication in the area in which it is established and 
coordinate the gathering of all Federal, State, and local first 
responders in that area, consistent with the national strategic plan 
developed by the Department of Homeland Security.
    (c) Selection Criteria.--In selecting urban areas for the location 
of pilot projects under this section, the Secretary shall consider--
            (1) the level of threat risk to the area, as determined by 
        the Department of Homeland Security;
            (2) the number of Federal, State, and local law enforcement 
        agencies located in the area;
            (3) the number of potential victims from a large scale 
        terrorist attack in the area; and
            (4) such other criteria reflecting a community's risk and 
        vulnerability as the Secretary determines is appropriate.
    (d) Interagency Assistance.--The Secretary of Defense shall provide 
assistance to the Secretary of Homeland Security, as necessary for the 
development of the pilot projects required by this section, including 
examining relevant standards, equipment, and protocols in order to 
improve interagency communication among first responders.
    (e) Reports to Congress.--The Secretary of Homeland Security shall 
submit to Congress--
            (1) an interim report regarding the progress of the 
        interagency communications pilot projects required by this 
        section 6 months after the date of enactment of this Act; and
            (2) a final report 18 months after that date of enactment.
    (f) Funding.--There are authorized to be made available to the 
Secretary of Homeland Security, such sums as may be necessary to carry 
out this section.

SEC. 1122. BORDER SURVEILLANCE.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the President and the appropriate committees of Congress a 
comprehensive plan for the systematic surveillance of the Southwest 
border of the United States by remotely piloted aircraft.
    (b) Contents.--The plan submitted under subsection (a) shall 
include--
            (1) recommendations for establishing command and control 
        centers, operations sites, infrastructure, maintenance, and 
        procurement;
            (2) cost estimates for the implementation of the plan and 
        ongoing operations;
            (3) recommendations for the appropriate agent within the 
        Department of Homeland Security to be the executive agency for 
        remotely piloted aircraft operations;
            (4) the number of remotely piloted aircraft required for 
        the plan;
            (5) the types of missions the plan would undertake, 
        including--
                    (A) protecting the lives of people seeking illegal 
                entry into the United States;
                    (B) interdicting illegal movement of people, 
                weapons, and other contraband across the border;
                    (C) providing investigative support to assist in 
                the dismantling of smuggling and criminal networks 
                along the border;
                    (D) using remotely piloted aircraft to serve as 
                platforms for the collection of intelligence against 
                smugglers and criminal networks along the border; and
                    (E) further validating and testing of remotely 
                piloted aircraft for airspace security missions.
            (6) the equipment necessary to carry out the plan; and
            (7) a recommendation regarding whether to expand the pilot 
        program along the entire Southwestern border.
    (c) Implementation.--The Secretary of Homeland Security shall 
implement the plan submitted under subsection (a) as a pilot program as 
soon as sufficient funds are appropriated and available for this 
purpose.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this section.

SEC. 1123. ENTERPRISE ARCHITECTURE.

    (a) Definition of Enterprise Architecture.--In this section, the 
term ``enterprise architecture'' means a detailed outline or blueprint 
of the information technology of the Federal Bureau of Investigation 
that will satisfy the ongoing mission and goals of the Federal Bureau 
of Investigation and that sets forth specific and identifiable 
benchmarks.
    (b) Enterprise Architecture.--The Federal Bureau of Investigation 
shall--
            (1) continually maintain and update an enterprise 
        architecture; and
            (2) maintain a state of the art and up to date information 
        technology infrastructure that is in compliance with the 
        enterprise architecture of the Federal Bureau of Investigation.
    (c) Report.--Subject to subsection (d), the Director of the Federal 
Bureau of Investigation shall report to the House and Senate Judiciary 
Committees, on an annual basis, on whether the major information 
technology investments of the Federal Bureau of Investigation are in 
compliance with the enterprise architecture of the Federal Bureau of 
Investigation and identify any inability or expectation of inability to 
meet the terms set forth in the enterprise architecture.
    (d) Failure to meet terms.--If the Director of the Federal Bureau 
of Investigation identifies any inability or expectation of inability 
to meet the terms set forth in the enterprise architecture in a report 
under subsection (c), the report under subsection (c) shall--
            (1) be twice a year until the inability is corrected;
            (2) include a statement as to whether the inability or 
        expectation of inability to meet the terms set forth in the 
        enterprise architecture is substantially related to resources; 
        and
            (3) if the inability or expectation of inability is 
        substantially related to resources, include a request for 
        additional funding that would resolve the problem or a request 
        to reprogram funds that would resolve the problem.
    (e) Federal Bureau of Investigation's Enterprise Architecture, 
Agency Plans and Reports.--This section shall be carried out in 
compliance with the requirements set forth in section 206(f) and (l).

SEC. 1124. REPORT ON USE OF DATABASES.

    (a) Definitions.--In this section:
            (1) Data-mining.--The term ``data-mining'' means a query or 
        search or other analysis of 1 or more electronic databases, 
        where--
                    (A) at least 1 of the databases was obtained from 
                or remains under the control of a non-Federal entity, 
                or the information was acquired initially by another 
                department or agency of the Federal Government;
                    (B) the search does not use a specific individual's 
                personal identifiers to acquire information concerning 
                that individual; and
                    (C) a department or agency of the Federal 
                Government or a non-Federal entity acting on behalf of 
                the Federal Government is conducting the query or 
                search or other analysis to find a pattern indicating 
                terrorist, criminal, or other law enforcement related 
                activity.
            (2) Database.--The term ``database'' does not include 
        telephone directories, information publicly available via the 
        Internet or available by any other means to any member of the 
        public without payment of a fee, or databases of judicial and 
        administrative opinions.
    (b) Reports on Data-Mining Activities.--
            (1) Requirement for report.--Beginning 1 year after the 
        effective date of this section, the National Intelligence 
        Director shall submit a report, public to the extent possible 
        with a classified annex, to Congress on all activities of the 
        intelligence community to use or develop data-mining 
        technology.
            (2) Content of report.--A report submitted under paragraph 
        (1) shall include, for each activity to use or develop data-
        mining technology that is required to be covered by the report, 
        the following information:
                    (A) A thorough description of the data-mining 
                technology, the plans for the use of such technology, 
                the data that will be used, and the target dates for 
                the deployment of the data-mining technology.
                    (B) An assessment of the likely impact of the 
                implementation of the data-mining technology on privacy 
                and civil liberties.
                    (C) A thorough discussion of the policies, 
                procedures, and guidelines that are to be developed and 
                applied in the use of such technology for data-mining 
                in order to--
                            (i) protect the privacy and due process 
                        rights of individuals; and
                            (ii) ensure that only accurate information 
                        is collected and used.
                    (D) Any necessary classified information in an 
                annex that shall be available to the Committee on 
                Governmental Affairs, the Committee on the Judiciary, 
                and the Select Committee on Intelligence of the Senate 
                and the Permanent Select Committee on Intelligence and 
                Committee on the Judiciary of the House of 
                Representatives.
            (3) Time for report.--The report required under paragraph 
        (1) shall be submitted not later than September 30th of each 
        year.
            (4) Expiration.--The requirements of this subsection shall 
        expire 4 years after the date of enactment 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 intelligence and 
 intelligence-related activities of the United States Government, and 
                          for other purposes.

_______________________________________________________________________

                            October 6, 2004

                    Ordered to be printed as passed
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