114
SEC. 164. ETHICS MATTERS. 
(a) POLITICAL SERVICE OF PERSONNEL.—Section 
7323(b)(2)(B)(i) of title 5, United States Code, is amend-
ed—
(1) in subclause (XII), by striking ‘‘or’’ at the 
end; and
(2) by inserting after subclause (XIII) the fol-
lowing new subclause: 
‘‘(XIV) the National Intelligence Author-
ity; 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 sub-
paragraph: 
‘‘(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 cer-
tifies in writing to the Secretary of State that the publica-
115
tion 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 Intel-
ligence Authority,’’ before ‘‘the Central Intelligence Agen-
cy’’.
TITLE II—INFORMATION 
SHARING 
SEC. 201. INFORMATION SHARING. 
(a) DEFINITIONS.—In this section: 
(1) NETWORK.—The term ‘‘Network’’ means 
the Information Sharing Network described in sub-
section (c). 
(2) TERRORISM INFORMATION.—The term ‘‘ter-
rorism 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, capabili-
ties, plans, intentions, vulnerabilities, means of 
finance or material support, or activities of for-
eign or international terrorist groups or individ-
uals, or of domestic groups or individuals in-
volved in transnational terrorism;
116
(B) threats posed by such groups or indi-
viduals to the United States, United States per-
sons, or United States interests, or to those of 
other nations; 
(C) communications of or by such groups 
or individuals; or 
(D) information relating to groups or indi-
viduals reasonably believed to be assisting or 
associated with such groups or individuals. 
(b) FINDINGS.—Consistent with the report of the Na-
tional 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 big-
gest impediment to all-source analysis, and to a 
greater likelihood of ‘‘connecting the dots’’, is resist-
ance 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 im-
migration information. But the United States Gov-
ernment has a weak system for processing and using 
the information it has.
117
(3) In the period leading up to September 11, 
2001, there were instances of potentially helpful in-
formation 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 intel-
ligence agency has its own security practices, re-
quires a demonstrated ‘‘need to know’’ before shar-
ing. This approach assumes that it is possible to 
know, in advance, who will need to use the informa-
tion. An outgrowth of the cold war, such a system 
implicitly assumes that the risk of inadvertent dis-
closure outweighs the benefits of wider sharing. 
Such assumptions are no longer appropriate. Al-
though counterintelligence concerns are still real, the 
costs of not sharing information are also substantial. 
The current ‘‘need-to-know’’ culture of information
118
protection needs to be replaced with a ‘‘need-to-
share’’ culture of integration. 
(6) A new approach to the sharing of terrorism 
information is urgently needed. An important con-
ceptual model for a new ‘‘trusted information net-
work’’ 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 NETWORK.—
(1) ESTABLISHMENT.—The President shall es-
tablish an information sharing network to promote 
the sharing of terrorism information, in a manner 
consistent with national security and the protection 
of privacy and civil liberties. 
(2) ATTRIBUTES.—The Network shall promote 
coordination, communication and collaboration of 
people and information among all relevant Federal 
departments and agencies, State, tribal, and local
120
(G) incorporating protections for individ-
uals’ privacy and civil liberties; 
(H) incorporating mechanisms for informa-
tion security; and 
(I) access controls, authentication and au-
thorization, audits, and other strong mecha-
nisms for information security and privacy 
guideline enforcement across all levels of secu-
rity, in order to enhance accountability and fa-
cilitate oversight. 
(d) IMMEDIATE STEPS.—Not later than 90 days after 
the date of enactment of this Act, the President, through 
the Director of Management and Budget and in consulta-
tion with the National Intelligence Director, the Attorney 
General, the Secretary of Homeland Security, the Sec-
retary of Defense, the Secretary of State, the Director of 
the Federal Bureau of Investigation, the Director of the 
Central Intelligence Agency, and such other Federal offi-
cials as the President shall designate, shall—
(1) establish electronic directory services to as-
sist in locating in the Federal Government terrorism 
information and people with relevant knowledge 
about terrorism information; and 
(2) conduct a review of relevant current Federal 
agency capabilities, including a baseline inventory of
121
current Federal systems that contain terrorism in-
formation, the money currently spent to maintain 
those systems, and identification of other informa-
tion that should be included in the Network. 
(e) GUIDELINES.—As soon as possible, but in no 
event later than 180 days after the date of enactment of 
this Act, the President shall—
(1) in consultation with the National Intel-
ligence Director and the Advisory Council on Infor-
mation Sharing established in subsection (g), issue 
guidelines for acquiring, accessing, sharing, and 
using terrorism information, including guidelines to 
ensure such information is provided in its most 
shareable form, such as by separating out data from 
the sources and methods by which they are obtained; 
(2) in consultation with the Privacy and Civil 
Liberties Oversight Board established under section 
901, issue guidelines that—
(A) protect privacy and civil liberties in the 
development and use of the Network; and 
(B) shall be made public, unless, and only 
to the extent that, nondisclosure is clearly nec-
essary to protect national security; 
(3) establish objective, systemwide performance 
measures to enable the assessment of progress to-
122
ward achieving full implementation of the Network; 
and 
(4) require Federal departments and agencies 
to promote a culture of information sharing by—
(A) reducing disincentives to information 
sharing, including overclassification of informa-
tion and unnecessary requirements for origi-
nator approval; and 
(B) providing affirmative incentives for in-
formation sharing, such as the incorporation of 
information sharing performance measures into 
agency and managerial evaluations, and em-
ployee awards for promoting innovative infor-
mation sharing practices. 
(f) SYSTEM DESIGN AND IMPLEMENTATION PLAN.—
Not later than 270 days after the date of enactment of 
this Act, the President shall submit to Congress a system 
design and implementation plan for the Network. The plan 
shall be prepared by the President through the Director 
of Management and Budget and in consultation with the 
National Intelligence Director, the Attorney General, the 
Secretary of Homeland Security, the Secretary of Defense, 
the Secretary of State, the Director of the Federal Bureau 
of Investigation, the Director of the Central Intelligence
123
Agency, and such other Federal officials as the President 
shall designate, and shall include—
(1) a description of the parameters of the pro-
posed Network, including functions, capabilities, and 
resources; 
(2) a description of the technological, legal, and 
policy issues presented by the creation of the Net-
work described in subsection (c), and the ways in 
which these issues will be addressed; 
(3)(A) a delineation of the roles of the Federal 
departments and agencies that will participate in the 
development of the Network, including—
(i) identification of any agency that will 
build the infrastructure needed to operate and 
manage the Network (as distinct from the indi-
vidual agency components that are to be part of 
the Network); and 
(ii) identification of any agency that will 
operate and manage the Network (as distinct 
from the individual agency components that are 
to be part of the Network); 
(B) a provision that the delineation of roles 
under subparagraph (A) shall—
(i) be consistent with the authority of the 
National Intelligence Director, under this Act,
124
to set standards for information sharing and in-
formation technology throughout the intel-
ligence community; and 
(ii) recognize the role of the Department of 
Homeland Security in coordinating with State, 
tribal, and local officials and the private sector;
(4) a description of the technological require-
ments to appropriately link and enhance existing 
networks and a description of the system design that 
will meet these requirements; 
(5) a plan, including a time line, for the devel-
opment and phased implementation of the Network; 
(6) total budget requirements to develop and 
implement the Network, including the estimated an-
nual cost for each of the 5 years following the date 
of enactment of this Act; and 
(7) proposals for any legislation that the Presi-
dent believes necessary to implement the Network. 
(g) ADVISORY COUNCIL
ON INFORMATION SHAR-
ING.—
(1) ESTABLISHMENT.—There is established an 
Advisory Council on Information Sharing (in this 
subsection referred to as the ‘‘Council’’).
125
(2) MEMBERSHIP.—No more than 25 individ-
uals may serve as members of the Council, which 
shall include—
(A) the National Intelligence Director, who 
shall serve as Chairman of the Council; 
(B) the Secretary of Homeland Security; 
(C) the Secretary of Defense; 
(D) the Attorney General; 
(E) the Secretary of State; 
(F) the Director of the Central Intelligence 
Agency; 
(G) the Director of the Federal Bureau of 
Investigation; 
(H) the Director of Management and 
Budget; 
(I) such other Federal officials as the 
President shall designate; 
(J) representatives of State, tribal, and 
local governments, to be appointed by the Presi-
dent; 
(K) individuals from outside government 
with expertise in relevant technology, security 
and privacy concepts, to be appointed by the 
President; and
126
(L) individuals who are employed in pri-
vate businesses or nonprofit organizations that 
own or operate critical infrastructure, to be ap-
pointed by the President. 
(3) RESPONSIBILITIES.—The Council shall—
(A) advise the President and the heads of 
relevant Federal departments and agencies on 
the implementation of the Network; 
(B) ensure that there is coordination 
among participants in the Network in the devel-
opment and implementation of the Network; 
(C) review, on an ongoing basis, policy, 
legal and technology issues related to the imple-
mentation of the Network; and 
(D) establish a dispute resolution process 
to resolve disagreements among departments 
and agencies about whether particular terrorism 
information should be shared and in what man-
ner. 
(4) INAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Council shall not be subject 
to the requirements of the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(5) INFORMING
THE
PUBLIC.—The Council 
shall hold public hearings and otherwise inform the
127
public of its activities, as appropriate and in a man-
ner consistent with the protection of classified infor-
mation and applicable law. 
(6) COUNCIL REPORTS.—Not later than 1 year 
after the date of enactment of this Act and annually 
thereafter, the National Intelligence Director, in the 
capacity of Chairman of the Council, shall submit a 
report to Congress that shall include—
(A) a description of the activities and ac-
complishments 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. 
(h) PRESIDENTIAL REPORTS.—Not later than 1 year 
after the date of enactment of this Act, and semiannually 
thereafter, the President shall submit a report to Congress 
on the state of the Network. The report shall include—
(1) a progress report on the extent to which the 
Network has been implemented, including how the 
Network has fared on the governmentwide and agen-
cy-specific performance measures and whether the 
performance goals set in the preceding year have 
been met;
128
(2) objective systemwide performance goals for 
the following year; 
(3) an accounting of how much was spent on 
the Network in the preceding year; 
(4) actions taken to ensure that agencies pro-
cure new technology that is consistent with the Net-
work and information on whether new systems and 
technology are consistent with the Network; 
(5) the extent to which, in appropriate cir-
cumstances, all terrorism watch lists are available 
for combined searching in real time through the 
Network 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; 
(6) the extent to which unnecessary roadblocks 
or disincentives to information sharing, including the 
inappropriate use of paper-only intelligence products 
and requirements for originator approval, have been 
eliminated; 
(7) the extent to which positive incentives for 
information sharing have been implemented; 
(8) the extent to which classified information is 
also made available through the Network, in whole 
or in part, in unclassified form;
129
(9) the extent to which State, tribal, and local 
officials—
(A) are participating in the Network; 
(B) have systems which have become inte-
grated into the Network; 
(C) are providing as well as receiving infor-
mation; and
(D) are using the Network to communicate 
with each other; 
(10) the extent to which—
(A) private sector data, including informa-
tion from owners and operators of critical infra-
structure, is incorporated in the Network; and 
(B) the private sector is both providing 
and receiving information; 
(11) where private sector data has been used by 
the Government or has been incorporated into the 
Network—
(A) the measures taken to protect sensitive 
business information; and 
(B) where the data involves information 
about individuals, the measures taken to ensure 
the accuracy of such data; 
(12) the measures taken by the Federal Gov-
ernment to ensure the accuracy of other information
130
on the Network and, in particular, the accuracy of 
information about individuals; 
(13) an assessment of the Network’s privacy 
protections, including actions taken in the preceding 
year to implement or enforce privacy protections and 
a report of complaints received about interference 
with an individual’s privacy or civil liberties; and 
(14) an assessment of the security protections 
of the Network. 
(i) AGENCY PLANS AND REPORTS.—Each Federal 
department or agency that possesses or uses terrorism in-
formation or that otherwise participates, or expects to par-
ticipate, in the Network, shall submit to the Director of 
Management and Budget and to Congress—
(1) not later than 1 year after the enactment 
of this Act, a report including—
(A) a strategic plan for implementation of 
the Network’s requirements within the depart-
ment or agency; 
(B) objective performance measures to as-
sess the progress and adequacy of the depart-
ment’s or agency’s information sharing efforts; 
and 
(C) budgetary requirements to integrate 
the department or agency into the Network, in-
132
and in protecting privacy and civil liberties, and 
shall report to Congress on its findings. 
(2) INSPECTORS
GENERAL.—The Inspector 
General in any Federal department or agency that 
possesses or uses terrorism information or that oth-
erwise participates in the Network shall, at the dis-
cretion of the Inspector General—
(A) conduct audits or investigations to—
(i) determine the compliance of that 
department or agency with the Network’s 
requirements; and 
(ii) assess the effectiveness of that de-
partment or agency in improving informa-
tion sharing and collaboration and in pro-
tecting privacy and civil liberties; and 
(B) issue reports on such audits and inves-
tigations. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated—
(1) $50,000,000 to the Director of Management 
and Budget 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 Network sys-
133
tem design and implementation plan required by 
subsection (f). 
TITLE III—CONGRESSIONAL 
REFORM 
SEC. 301. FINDINGS. 
Consistent with the report of the National Commis-
sion on Terrorist Attacks Upon the United States, Con-
gress makes the following findings: 
(1) The American people are not served well by 
current congressional rules and resolutions gov-
erning intelligence and homeland security oversight. 
(2) A unified Executive Branch effort on fight-
ing terrorism will not be effective unless it is 
matched by a unified effort in Congress, specifically 
a strong, stable, and capable congressional com-
mittee structure to give the intelligence agencies and 
Department of Homeland Security sound oversight, 
support, and leadership. 
(3) The intelligence committees of the Senate 
and the House of Representatives are not organized 
to provide strong leadership and oversight for intel-
ligence and counterterrorism. 
(4) Jurisdiction over the Department of Home-
land Security, which is scattered among many com-
mittees in each chamber, does not allow for the clear
134
authority and responsibility needed for effective con-
gressional oversight.
(5) Congress should either create a new, joint 
Senate-House intelligence authorizing committee 
modeled on the former Joint Committee on Atomic 
Energy, or establish new intelligence committees in 
each chamber with combined authorization and ap-
propriations authority. 
(6) Congress should establish a single, principal 
point of oversight and review in each chamber for 
the Department of Homeland Security and the re-
port of the National Commission on Terrorist At-
tacks Upon the United States stated that ‘‘Congres-
sional leaders are best able to judge what committee 
should have jurisdiction over this department and its 
duties.’’. 
(7) In August 2004, the joint Senate leadership 
created a bipartisan working group to examine how 
best to implement the Commission’s recommenda-
tions with respect to reform of the Senate’s over-
sight of intelligence and homeland security, and di-
rected the working group to begin its work imme-
diately and to present its findings and recommenda-
tions to Senate leadership as expeditiously as pos-
sible.
135
SEC. 302. REORGANIZATION OF CONGRESSIONAL JURIS-
DICTION. 
The 108th Congress shall not adjourn until each 
House of Congress has adopted the necessary changes to 
its rules such that, effective the start of the 109th Con-
gress—
(1) jurisdiction over proposed legislation, mes-
sages, petitions, memorials, and other matters relat-
ing to the Department of Homeland Security shall 
be consolidated in a single committee in each House 
and such committee shall have a nonpartisan staff; 
and 
(2) jurisdiction over proposed legislation, mes-
sages, petitions, memorials, and other matters re-
lated to intelligence shall reside in—
(A) either a joint Senate-House author-
izing committee modeled on the former Joint 
Committee on Atomic Energy, or a committee 
in each chamber with combined authorization 
and appropriations authority; and 
(B) regardless of which committee struc-
ture is selected, the intelligence committee or 
committees shall have—
(i) not more than 9 members in each 
House, who shall serve without term limits 
and of which at least 1 each shall also
136
serve on a committee on Armed Services, 
Judiciary, and Foreign Affairs and at least 
1 on a Defense Appropriations sub-
committee; 
(ii) authority to issue subpoenas; 
(iii) majority party representation 
that does not exceed minority party rep-
resentation by more than 1 member in 
each House, and a nonpartisan staff; and 
(iv) a subcommittee devoted solely to 
oversight. 
TITLE IV—PRESIDENTIAL 
TRANSITION 
SEC. 401. PRESIDENTIAL TRANSITION. 
(a) SERVICES PROVIDED PRESIDENT-ELECT.—Sec-
tion 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 oper-
137
ations; 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 sub-
section (g); and 
(3) by adding after subsection (e) the following: 
‘‘(f)(1) The President-elect should submit to the 
agency designated by the President under section 401(d) 
of the 9/11 Commission Report Implementation Act of 
2004 the names of candidates for high level national secu-
rity positions through the level of undersecretary of cabi-
net departments as soon as possible after the date of the 
general elections held to determine the electors of Presi-
dent and Vice President under section 1 or 2 of title 3, 
United States Code. 
‘‘(2) The Federal Bureau of Investigation, and any 
other appropriate agency, 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-
138
elect as President and the inauguration of the Vice-Presi-
dent-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 nomi-
nations of candidates for high-level national security 
positions, through the level of undersecretary of cab-
inet departments, to the Senate by the date of the 
inauguration of the President-elect as President; and 
(2) for all 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 consider-
ation 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.
139
(2) IN GENERAL.—Each major party candidate 
for President, except a candidate who is the incum-
bent 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 Presi-
dent-elect’s transition team. 
(3) 
COMPLETION
DATE.—Necessary 
back-
ground 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) CONSOLIDATION OF RESPONSIBILITY FOR PER-
SONNEL SECURITY INVESTIGATIONS.— 
(1) CONSOLIDATION.— 
(A) IN GENERAL.—Not later than 45 days 
after the date of enactment of this Act, the 
President shall select a single Federal agency to 
provide and maintain all security clearances for 
Federal employees and Federal contractor per-
sonnel who require access to classified informa-
tion, including conducting all investigation func-
tions.
140
(B) CONSIDERATIONS.—In selecting an 
agency under this paragraph, the President 
shall fully consider requiring the transfer of in-
vestigation functions to the Office of Personnel 
Management as described under section 906 of 
the National Defense Authorization Act for Fis-
cal Year 2004 (5 U.S.C. 1101 note). 
(C) COORDINATION
AND
CONSOLIDATION 
OF RESPONSIBILITIES.—The Federal agency se-
lected under this paragraph shall—
(i) take all necessary actions to carry 
out the responsibilities under this sub-
section, including entering into a memo-
randum of understanding with any agency 
carrying out such responsibilities before 
the date of enactment of this Act; and 
(ii) identify any legislative actions 
necessary to further implement this sub-
section. 
(D) 
DATABASE.—The 
agency 
selected 
shall, as soon as practicable, establish and 
maintain a single database for tracking security 
clearance applications, investigations and eligi-
bility determinations and ensure that security 
clearance investigations are conducted accord-
141
ing to uniform standards, including uniform se-
curity questionnaires and financial disclosure 
requirements. 
(E) POLYGRAPHS.—The President shall di-
rect the agency selected under this paragraph 
to administer any polygraph examinations on 
behalf of agencies that require them. 
(2) ACCESS.—The President, acting through 
the National Intelligence Director, shall— 
(A) establish uniform standards and proce-
dures for the grant of access to classified infor-
mation to any officer or employee of any agency 
or department of the United States and to em-
ployees of contractors of those agencies and de-
partments; 
(B) ensure the consistent implementation 
of those standards and procedures throughout 
such agencies and departments; and 
(C) ensure that security clearances granted 
by individual elements of the intelligence com-
munity are recognized by all elements of the in-
telligence community, and under contracts en-
tered into by such elements.
142
TITLE V—THE ROLE OF DIPLO-
MACY, 
FOREIGN 
AID, 
AND 
THE MILITARY IN THE WAR 
ON TERRORISM 
SEC. 501. REPORT ON TERRORIST SANCTUARIES. 
(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress makes the following findings: 
(1) Complex terrorist operations require loca-
tions that provide such operations sanctuary from 
interference by government or law enforcement per-
sonnel. 
(2) A terrorist sanctuary existed in Afghanistan 
before September 11, 2001. 
(3) The terrorist sanctuary in Afghanistan pro-
vided 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 twenty-first century, terrorists 
are focusing on remote regions and failing states as 
locations to seek sanctuary.
143
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the United States Government should iden-
tify 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 ele-
ments of national power to keep possible terrorists 
from using a location as a sanctuary; and 
(3) the United States Government should reach 
out, listen to, and work with countries in bilateral 
and multilateral fora to prevent locations from be-
coming sanctuaries and to prevent terrorists from 
using locations as sanctuaries. 
(c) STRATEGY ON TERRORIST SANCTUARIES.—
(1) REPORT REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
President shall submit to Congress a report that de-
scribes a strategy for addressing and, where pos-
sible, eliminating terrorist sanctuaries. 
(2) CONTENT.—The report required under this 
section shall include the following: 
(A) A description of actual and potential 
terrorist sanctuaries, together with an assess-
144
ment of the priorities of addressing and elimi-
nating 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 sanc-
tuaries and disrupt or eliminate the security 
provided to terrorists by such sanctuaries. 
(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 gov-
ernments, reducing poverty, increasing eco-
nomic development, strengthening civil society, 
securing borders, strengthening internal secu-
rity forces, and disrupting logistics and commu-
nications networks of terrorist groups. 
SEC. 502. ROLE OF PAKISTAN IN COUNTERING TERRORISM. 
(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress makes the following findings:
145
(1) The Government of Pakistan has a critical 
role to perform in the struggle against Islamist ter-
rorism. 
(2) The endemic poverty, widespread corrup-
tion, and frequent ineffectiveness of government in 
Pakistan create opportunities for Islamist recruit-
ment. 
(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 oper-
ations against coalition forces in Afghanistan. 
(5) A stable Pakistan, with a government advo-
cating ‘‘enlightened moderation’’ in the Muslim 
world, is critical to stability in the region. 
(6) There is a widespread belief among the peo-
ple of Pakistan that the United States has long 
treated them as allies of convenience. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the United States should make a long-term 
commitment to assisting in ensuring a promising,
146
stable, and secure future in Pakistan, as long as its 
leaders remain committed to combatting extremists 
and implementing a strategy of ‘‘enlightened mod-
eration’’; 
(2) the United States aid to Pakistan should be 
fulsome and, at a minimum, sustained at the fiscal 
year 2004 levels; 
(3) the United States should support the Gov-
ernment of Pakistan with a comprehensive effort 
that extends from military aid to support for better 
education; and 
(4) the United States Government should de-
vote particular attention and resources to assisting 
in the improvement of the quality of education in 
Pakistan. 
(c) REPORT ON SUPPORT FOR PAKISTAN.—
(1) REPORT REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
President shall submit to Congress a report on the 
efforts of the United States Government to support 
Pakistan and encourage moderation in that country. 
(2) CONTENT.—The report required under this 
section shall include the following: 
(A) An examination of the desirability of 
establishing a Pakistan Education Fund to di-
147
rect resources toward improving the quality of 
secondary schools in Pakistan. 
(B) Recommendations on the funding nec-
essary to provide various levels of educational 
support. 
(C) An examination of the current com-
position and levels of United States military aid 
to Pakistan, together with any recommenda-
tions for changes in such levels and composition 
that the President considers appropriate. 
(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. 
SEC. 503. AID TO AFGHANISTAN. 
(a) FINDINGS.—Consistent with the report of the Na-
tional 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 pro-
moting economic and political reform within Afghan-
istan, including the establishment of a central gov-
ernment with a democratic constitution, a new cur-
rency, and a new army, the increase of personal
148
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 de-
pends 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 develop-
ment; 
(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 Af-
ghanistan and the burgeoning narcotics trade, en-
demic poverty, and other serious problems in Af-
ghanistan in order to prevent that country from re-
lapsing into a sanctuary for international terrorism.
149
(b) POLICY.—It shall be the policy of the United 
States to take the following actions with respect to Af-
ghanistan: 
(1) Working with other nations to obtain long-
term security, political, and financial commitments 
and fulfillment of pledges to the Government of Af-
ghanistan to accomplish the objectives of the Af-
ghanistan Freedom Support Act of 2002 (22 U.S.C. 
7501 et seq.), especially to ensure a secure, demo-
cratic, and prosperous Afghanistan that respects the 
rights of its citizens and is free of international ter-
rorist organizations. 
(2) Using the voice and vote of the United 
States in relevant international organizations, in-
cluding 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 na-
tional police and military forces, increasing counter-
narcotics efforts, and expanding infrastructure and 
public services throughout the country. 
(3) Taking appropriate steps to increase the as-
sistance provided under programs of the Department 
of State and the United States Agency for Inter-
national Development throughout Afghanistan and
150
to increase the number of personnel of those agen-
cies in Afghanistan as necessary to support the in-
creased assistance. 
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) FISCAL YEAR 2005.—There are authorized 
to be appropriated to the President for fiscal year 
2005 for assistance for Afghanistan, in addition to 
any amounts otherwise available for the following 
purposes, the following amounts: 
(A) For Development Assistance to carry 
out the provisions of sections 103, 105, and 
106 of the Foreign Assistance Act of 1961 (22 
U.S.C. 
2151a, 
2151c, 
and 
2151d), 
$400,000,000. 
(B) For the Child Survival and Health 
Program Fund to carry out the provisions of 
section 104 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151b), $100,000,000. 
(C) For the Economic Support Fund to 
carry out the provisions of chapter 4 of part II 
of the Foreign Assistance Act of 1961 (22 
U.S.C. 2346 et seq.), $550,000,000. 
(D) For International Narcotics and Law 
Enforcement to carry out the provisions of sec-
151
tion 481 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291), $360,000,000. 
(E) For Nonproliferation, Anti-Terrorism, 
Demining, and Related Programs, $50,000,000. 
(F) For International Military Education 
and Training to carry out the provisions of sec-
tion 541 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2347), $2,000,000. 
(G) For Foreign Military Financing Pro-
gram grants to carry of the provision of section 
23 of the Arms Export Control Act (22 U.S.C. 
2763), $880,000,000. 
(H) For Peacekeeping Operations to carry 
out the provisions of section 551 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2348), 
$60,000,000. 
(2) FISCAL YEARS 2006 THROUGH 2009.—There 
are authorized to be appropriated to the President 
for each of fiscal years 2006 through 2009 such 
sums as may be necessary for financial and other as-
sistance to Afghanistan. 
(3) CONDITIONS FOR ASSISTANCE.—Assistance 
provided by the President under this subsection—
(A) shall be consistent with the Afghani-
stan Freedom Support Act of 2002; and