S 410 IS
108th CONGRESS 1st Session S. 410
To establish the Homeland Intelligence Agency, and for other purposes. IN THE SENATE OF THE UNITED STATES
February 13, 2003 Mr. EDWARDS introduced the following bill; which was read twice and referred to the Select Committee on Intelligence
A BILL
To establish the Homeland Intelligence Agency, 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 `Foreign Intelligence Collection Improvement Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
TITLE I--HOMELAND INTELLIGENCE AGENCY
Sec. 101. Short title.
Sec. 102. Definitions.
Subtitle A--Establishment
Sec. 111. Homeland Intelligence Agency.
Sec. 112. Mission.
Sec. 113. Officers.
Sec. 114. Inspector general.
Sec. 115. Office of Privacy and Civil Liberties Protection.
Sec. 116. Office of Federal, State, and Local Law Enforcement Coordination.
Sec. 117. Seal.
Subtitle B--Authorities
Sec. 121. Personnel training.
Sec. 122. Dissemination of information.
Sec. 123. Guidelines on collection of foreign intelligence and counterintelligence inside the United States.
Sec. 124. Coordination with Central Intelligence Agency overseas.
Sec. 125. Treatment as element of intelligence community.
Sec. 126. Inclusion within National Foreign Intelligence Program.
Sec. 127. Foreign intelligence surveillance activities.
Sec. 128. Annual reports.
Subtitle C--Transfer of Functions
Sec. 141. Transfer of functions.
Sec. 142. Reorganization.
Sec. 143. Transfer and allocation of appropriations and personnel.
Sec. 144. Incidental transfers.
Sec. 145. Effect on personnel.
Sec. 146. Savings provisions.
Sec. 147. Transition.
Sec. 148. References.
Subtitle D--Conforming Amendments
Sec. 151. Executive schedule.
Sec. 152. Department of Homeland Security Act.
Sec. 153. National Security Act of 1947.
TITLE II--FEDERAL BUREAU OF INVESTIGATION
Sec. 201. Termination of functions and responsibilities of Federal Bureau of Investigation as element of the intelligence community.
Sec. 202. Office of Foreign Intelligence Coordination.
Sec. 203. Improvement of coordination of counterintelligence activities.
TITLE III--SURVEILLANCE MATTERS
Subtitle A--Foreign Intelligence Surveillance Reports
Sec. 301. Short title.
Sec. 302. Additional matters in annual reports on surveillance under Foreign Intelligence Surveillance Act of 1978.
Subtitle B--Participation in Religious and Political Groups for Foreign Intelligence and International Terrorism Purposes
Sec. 311. Participation in religious and political groups for foreign intelligence and international terrorism purposes.
Subtitle C--Effective Date
Sec. 321. Effective date.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective date.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS- Congress makes the following findings:
(1) In the wake of the terrorist attacks on the United States of September 11, 2001, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives conducted a joint inquiry to examine the performance of the elements of the Intelligence Community of the United States Government before those attacks.
(2) The findings of the joint inquiry revealed that the Federal Bureau of Investigation had failed to merge properly and perform effectively its dual missions of law enforcement and the collection, analysis, and dissemination of foreign intelligence inside the United States.
(3) This failure by the Federal Bureau of Investigation contributed to the inability of the United States to predict and prevent the terrorist attacks of September 11, 2001.
(4) The current and proposed changes in personnel and procedures at the Federal Bureau of Investigation since September 11, 2001, are not likely to result in a significant improvement in the collection, analysis, and dissemination of foreign intelligence inside the United States because the law enforcement responsibilities of the Bureau are inconsistent with, and will continue to undermine, its ability to be an effective intelligence agency.
(b) PURPOSE- It is the purpose of this Act to create a new element of the Intelligence Community of the United States Government, within the Department of Homeland Security, whose primary mission will be the collection and dissemination of foreign intelligence and counterintelligence inside the United States, including the plans, intentions, and capabilities of international terrorist groups operating in the United States. The mission of such entity, the Homeland Intelligence Agency, shall be conducted with appropriate respect for the privacy and civil liberties of United States persons.
TITLE I--HOMELAND INTELLIGENCE AGENCY SEC. 101. SHORT TITLE.
This title may be cited as the `Homeland Intelligence Agency Act of 2003'.
SEC. 102. DEFINITIONS.
In this title:
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES- The term `congressional intelligence committees' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a), as amended by section 353 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306).
(2) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of Congress' means--
(A) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and
(B) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.
(2) UNITED STATES- The term `United States', when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States.
(3) INTELLIGENCE-RELATED DEFINITIONS- The terms `intelligence', `foreign intelligence', and `counterintelligence' have the meaning given such terms in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).
(4) SURVEILLANCE-RELATED DEFINITIONS- The terms `foreign power', `agent of a foreign power', and `United States person' have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
Subtitle A--Establishment SEC. 111. HOMELAND INTELLIGENCE AGENCY.
(a) ESTABLISHMENT- There is established the Homeland Intelligence Agency.
(b) ELEMENT OF DEPARTMENT OF HOMELAND SECURITY- The Homeland Intelligence Agency is an element of the Department of Homeland Security.
(c) MISSION- The Homeland Intelligence Agency shall carry out the mission specified in section 112.
SEC. 112. MISSION.
(a) IN GENERAL- The mission of the Homeland Intelligence Agency shall be to support the Director of Central Intelligence in discharging the responsibilities of the Director as the head of the intelligence community under section 103 of the National Security Act of 1947 (50 U.S.C. 403-3) in the manner as follows:
(1) By serving as the primary entity within the United States Government responsible for collecting foreign intelligence on the plans, intentions, and capabilities of international terrorists and terrorist groups operating inside the United States.
(2) By conducting operations to collect foreign intelligence and counterintelligence within the United States, including foreign intelligence and counterintelligence regarding United States persons, through human sources and by other lawful intelligence collection means.
(3) By conducting operations to collect foreign intelligence and counterintelligence through the use of electronic surveillance and physical searches pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) in accordance with the provisions of that Act.
(4) By conducting analysis, including identification and assessment, relevant to the mission of the Agency to address threats to the United States posed by foreign powers, agents of foreign powers, and such other foreign persons or entities as the President may prescribe.
(5) By assisting the Under Secretary for Information Analysis and Infrastructure Protection of the Department of Homeland Security in carrying out activities under section 201(d)(1) of the Department of Homeland Security Act (Public Law 107-296), relating to the identification and assessment of threats to the United States.
(6) By participating with the Central Intelligence Agency in the Terrorist Threat Integration Center.
(7) By ensuring the prompt and efficient dissemination of foreign intelligence reports to appropriate consumers in the United States Government, including reports derived from collection conducted pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(8) By facilitating the sharing of information between the Agency and other elements of the United States Government, State governments, and local governments.
(b) NATURE OF RESPONSIBILITIES- (1) The Homeland Intelligence Agency shall have primary responsibility within the United States Government for the collection of foreign intelligence and counterintelligence inside the United States.
(2) The Agency shall have sole responsibility within the United States Government for the collection of foreign intelligence and counterintelligence under subsection (a)(3).
(c) LIMITATIONS- Except as otherwise provided in sections 114 and 115, the Homeland Intelligence Agency shall have no police, subpoena, or law enforcement powers.
SEC. 113. OFFICERS.
(a) DIRECTOR- (1) There is a Director of Homeland Intelligence, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be the head of the Homeland Intelligence Agency.
(2)(A) The Director serves for a term of two years, beginning on October 1 of odd-numbered years.
(B) An individual may be reappointed as Director.
(3) The Director shall perform such duties and exercise such powers relating to the mission of the Agency as the President shall prescribe.
(b) DEPUTY DIRECTOR- (1) There is a Deputy Director of Homeland Intelligence, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) The Deputy Director shall perform such duties and exercise such powers as the Director of Homeland Intelligence shall prescribe.
(3) The Deputy Director shall act for, and exercise the powers of, the Director when the Director is disabled or there is no Director of Homeland Intelligence.
(c) INSPECTOR GENERAL- (1) There is an Inspector General of the Homeland Intelligence Agency, who shall be appointed as provided in section 114.
(2) The Inspector General shall perform the functions set forth in section 114.
(d) DIRECTOR OF OFFICE OF PRIVACY AND CIVIL LIBERTIES PROTECTION- (1) There is a Director of the Office of Privacy and Civil Liberties Protection of the Homeland Intelligence Agency, who shall be appointed as provided in section 115.
(2) The Director shall be the head of the Office of Privacy and Civil Liberties Protection under section 115.
(3) The Director shall perform the functions set forth in section 115.
(e) GENERAL COUNSEL- (1) There is a General Counsel of the Homeland Intelligence Agency, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) The General Counsel is the chief legal officer of the Homeland Intelligence Agency.
(3) The General Counsel shall perform such functions as the Director of Homeland Intelligence shall prescribe.
(4) Notwithstanding any provision of the Department of Homeland Security Act, the General Counsel of the Homeland Intelligence Agency shall not be subject to the direction, supervision, or control of the General Counsel of the Department of Homeland Security in performing functions under this title.
SEC. 114. INSPECTOR GENERAL.
(a) APPOINTMENT; REMOVAL- (1) There is an Inspector General of the Homeland Intelligence Agency, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) The appointment of the Inspector General shall be made--
(A) without regard to political affiliation;
(B) solely on the basis of integrity, compliance with the security standards of the Homeland Intelligence Agency, and prior experience in the field of foreign intelligence or counterintelligence; and
(C) on the basis of demonstrated ability in accounting, financial analysis, law, management analysis, public administration, or auditing.
(3) The Inspector General may be removed from office only by the President. The President shall immediately communicate in writing to the congressional intelligence committees the reasons for any such removal.
(b) SUPERVISION- (1) The Inspector General of the Homeland Intelligence Agency shall report directly to and be under the general supervision of the Director of Homeland Intelligence.
(2) Notwithstanding any provision of the Department of Homeland Security Act (Public Law 107-296), the Inspector General of the Homeland Intelligence Agency shall not be subject to the direction, supervision, or control of the Inspector General of the Department of Homeland Security in performing functions under this title.
(3) The Director may prohibit the Inspector General of the Homeland Intelligence Agency from initiating, carrying out, or completing any audit, inspection, or investigation if the Director determines that such prohibition is necessary to protect vital national security interests of the United States.
(4)(A) If the Director exercises any power under paragraph (3), the Director shall submit an appropriately classified statement of the reasons for the exercise of such power within seven days to the congressional intelligence committees.
(B) The Director shall advise the Inspector General at the time a report is submitted under subparagraph (A), and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of such report. In such cases, the Inspector General may submit to the congressional intelligence committees such comments as the Inspector General considers appropriate.
(c) DUTIES AND RESPONSIBILITIES- It shall be the duty and responsibility of the Inspector General of the Homeland Intelligence Agency--
(1) to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, inspections, investigations, and audits relating to the programs and operations of the Homeland Intelligence Agency to ensure they are conducted efficiently and in accordance with applicable law and regulations;
(2) to keep the Director of Homeland Intelligence fully and currently informed concerning violations of law and regulations, fraud and other serious problems, and abuses and deficiencies that may occur in such programs and operations, and to report the progress made in implementing corrective action;
(3) to 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; and
(4) in carrying out such responsibilities, to comply with generally accepted government auditing standards.
(d) REPORTS- (1)(A) The Inspector General of the Homeland Intelligence Agency shall, not later than January 31 and July 31 each year, prepare and submit to the Director of Homeland Intelligence a classified report summarizing the activities of the Inspector General during the six-month period ending on the preceding December 31 or June 30, as the case may be.
(B) Not later than the dates each year provided for the transmittal of a report under subparagraph (A) in section 507 of the National Security Act of 1947 (as amended by section 153 of this Act), the Director shall transmit the report to the congressional intelligence committees, together with any comments the Director considers appropriate.
(C) Each report under this paragraph shall, at a minimum, include--
(i) a list of the title or subject of each inspection, investigation, or audit conducted during the period covered by such report;
(ii) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the Agency that are identified by the Inspector General during such period;
(iii) a description of the recommendations for corrective action made by the Inspector General during such period with respect to significant problems, abuses, or deficiencies identified in clause (ii);
(iv) a statement of whether corrective action has been completed on each significant recommendation described in any previous report under this paragraph, and, in a case where corrective action has been completed, a description of such corrective action;
(v) a certification whether or not the Inspector General has had full and direct access during such period to all information relevant to the performance of the Inspector General's functions;
(vi) a description of the exercise of the subpoena authority under subsection (e)(5) by the Inspector General during such period; and
(vii) such recommendations as the Inspector General considers appropriate regarding legislation to promote economy and efficiency in the administration of programs and operations undertaken by the Agency, and to detect and eliminate fraud and abuse in such programs and operations.
(2)(A) The Inspector General shall report immediately to the Director whenever the Inspector General becomes aware of an allegation of serious or flagrant problems, abuses, or deficiencies relating to the administration of programs or operations of the Agency.
(B) The Director shall transmit to the congressional intelligence committees any report received under paragraph (A) within seven calendar days of receipt, together with any comments the Director considers appropriate.
(3) In accordance with section 535 of title 28, United States Code, the Inspector General shall report to the Attorney General any information, allegation, or complaint received by the Inspector General relating to violations of Federal criminal law that involve a program or operation of the Agency, consistent with such guidelines as may be issued by the Attorney General pursuant to subsection (b)(2) of such section. A copy of any such report shall be furnished to the Director.
(4) The Inspector General shall transmit to the congressional intelligence committees a report on such event whenever--
(A) the Inspector General is unable to resolve any differences with the Director affecting the execution of the Inspector General's duties or responsibilities;
(B) an investigation, inspection, or audit carried out by the Inspector General should focus on any current or former Agency official who holds or held a position in the Agency 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 Agency official described or referred to in subparagraph (B);
(D) the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible criminal conduct of any of the officials 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.
(5) In a manner consistent with the provisions of 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 inspection, investigation, or audit conducted by the Inspector General which has been requested by the Chairman or Ranking Minority Member of either such committee.
(6)(A) An employee of the Agency, or of a contractor to the Agency, who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General.
(B) Not later than the end of the 14-calendar day period beginning on the date of receipt from an employee of a complaint or information under subparagraph (A), the Inspector General shall determine whether the complaint or information appears credible. Upon making such a determination, the Inspector General shall transmit to the Director notice of that determination, together with the complaint or information.
(C) Upon receipt of a transmittal from the Inspector General under subparagraph (B), the Director shall, within seven calendar days of such receipt, forward such transmittal to the congressional intelligence committees, together with any comments the Director considers appropriate.
(D)(i) If the Inspector General does not find credible under subparagraph (B) a complaint or information submitted under subparagraph (A), or does not transmit the complaint or information to the Director in accurate form under subparagraph (B), the employee (subject to clause (ii)) may submit the complaint or information to Congress by contacting either or both of the congressional intelligence committees directly.
(ii) An employee may contact the congressional intelligence committees directly as described in clause (i) only if the employee--
(I) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact the congressional intelligence committees directly; and
(II) obtains and follows from the Director, through the Inspector General, direction on how to contact the congressional intelligence committees in accordance with appropriate security practices.
(iii) A member or employee of one of the congressional intelligence committees who receives a complaint or information under clause (i) does so in that member or employee's official capacity as a member or employee of such committee.
(E) The Inspector General shall notify an employee who reports a complaint or information to the Inspector General under this paragraph of each action taken under this paragraph with respect to the complaint or information. Such notice shall be provided not later than 3 days after such action is taken.
(F) An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.
(G) In this paragraph, the term `urgent concern' means any of the following:
(i) A serious or flagrant problem or abuse, a serious or flagrant violation of law or Executive order, or a serious or flagrant deficiency relating to the funding, administration, or operations of the Agency involving classified information, but does not include differences of opinions concerning public policy matters.
(ii) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding of, administration of, or operations conducted by the Agency.
(iii) An action, including a personnel action described in section 2302(a)(2)(A) of title 5, United States Code, constituting reprisal or threat of reprisal prohibited under subsection (e)(3)(B) in response to an employee's reporting an urgent concern in accordance with this paragraph.
(e) AUTHORITIES- (1) The Inspector General of the Homeland Intelligence Agency shall have direct and prompt access to the Director of Homeland Intelligence when necessary for any purpose pertaining to the performance of the duties of the Inspector General.
(2)(A) The Inspector General shall have access to any employee or any employee of a contractor of the Agency whose testimony is needed for the performance of the Inspector General's duties. In addition, the Inspector General shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which relate to the programs and operations with respect to which the Inspector General has responsibilities under this section.
(B) Failure on the part of any employee or contractor 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)(A) The Inspector General may 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.
(B) If such complaint or information has been received from an employee of the Agency--
(i) 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
(ii) no action constituting a reprisal, or threat of reprisal, for making such complaint may be taken by any employee of the Agency 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.
(4) The Inspector General may administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the performance of the duties of the Inspector General, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Inspector General designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal.
(5)(A) Except as provided in subparagraph (B), the Inspector General may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the duties and responsibilities of the Inspector General.
(B) In the case of Government agencies, the Inspector General shall obtain information, documents, reports, answers, records, accounts, papers, and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas.
(C) The Inspector General may not issue a subpoena for or on behalf of any other element or component of the Agency.
(D) In the case of contumacy or refusal to obey a subpoena issued under this paragraph, the subpoena shall be enforceable by order of any appropriate district court of the United States.
(6) The Inspector General shall be provided with appropriate and adequate office space at central and field office locations, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of such offices.
(7) Subject to applicable law and the policies of the Director, the Inspector General shall select, appoint, and employ such officers and employees as may be necessary to carry out the functions of the Inspector General. In making such selections, the Inspector General shall ensure that such officers and employees have the requisite training and experience to enable the Inspector General to carry out the duties of the Inspector General. In this regard, the Inspector General shall establish a career cadre of sufficient size to provide appropriate continuity and objectivity needed for the effective performance of the duties of the Inspector General.
(8) Subject to the concurrence of the Director, the Inspector General may request such information or assistance as may be necessary for carrying out the duties and responsibilities of the Inspector General from any Government agency. Upon request of the Inspector General for such information or assistance, the head of the agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the agency involved, furnish to the Inspector General, or to an authorized designee, such information or assistance.
(f) SEPARATE BUDGET ACCOUNT- For any fiscal year beginning after the date of the enactment of this Act, and in accordance with procedures to be issued by the Director of Homeland Intelligence in consultation with the congressional intelligence committees, the Director shall include in the National Foreign Intelligence Program budget a separate account for the Inspector General of the Homeland Intelligence Agency.
SEC. 115. OFFICE OF PRIVACY AND CIVIL LIBERTIES PROTECTION.
(a) ESTABLISHMENT- There is established in the Homeland Intelligence Agency the Office of Privacy and Civil Liberties Protection.
(b) DIRECTOR- (1) There is a Director of the Office of Privacy and Civil Liberties Protection, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be the head of the Office of Privacy and Civil Liberties Protection.
(2) The appointment of the Director shall be made--
(A) without regard to political affiliation;
(B) solely on the basis of integrity, compliance with the security standards of the Homeland Intelligence Agency, and prior experience in the field of foreign intelligence or counterintelligence; and
(C) on the basis of demonstrated knowledge and ability in the areas of privacy and civil liberties protections based on the Constitution and laws of the United States.
(3) The Director may be removed from office only by the President. The President shall immediately communicate in writing to the appropriate committees of Congress the reasons for any such removal.
(c) MISSION- The mission of the Office of Privacy and Civil Liberties Protection shall be as follows:
(1) To ensure that the Homeland Intelligence Agency operates within the Constitution and laws of the United States and any guidelines established under section 123.
(2) To receive and investigate complaints on matters relating to privacy and civil liberties arising in the discharge by the Agency of its mission under this title.
(3) To refer to the Attorney General evidence of violations of the laws of the United States revealed in the course of the activities of the Office.
(4) To notify the Director of Homeland Intelligence and the Inspector General of the Homeland Intelligence Agency of any findings and conclusions of the Office relating to violations of any of the Executive orders, rules, regulations, or directives applicable to the Agency, or of the guidelines established under section 123.
(5) To initiate and conduct investigations of complaints on matters described in paragraph (2) and on violations of the guidelines referred to in paragraph (1).
(6) To undertake responsibility for the privacy policy of the Agency by--
(A) assuring that the use of technologies by the Agency sustain, and do not erode, privacy protections in the collection, use, and disclosure of personal information;
(B) assuring that the handling of personal information in the system of records operated by the Agency under section 552a of title 5, United States Code (commonly referred to as the Privacy Act of 1974), complies fully with the fair information practices required by that section;
(C) evaluating the effect on the Agency of legislative and regulatory proposals on the collection, use, and disclosure of personal information by the United States Government;
(D) conducting an assessment of the effect of proposed rules of the Agency on the privacy of personal information, including the type of personal information to be collected, and the number of people potentially affected; and
(E) preparing and submitting to the appropriate committees of Congress on an annual basis a report on the effect on privacy and civil liberties of the activities of the Agency in accordance with subsection (j)(2).
(7) To provide annual training to personnel of the Agency on the protection of privacy and civil liberties in the discharge by the Agency of its mission.
(8) To make public, through the media and by other appropriate means, information on--
(A) the mission of the Agency;
(B) limitations on the powers and authorities of the Agency; and
(C) the procedures for contacting the Office to report complaints on matters described in paragraph (2) and on violations of the guidelines referred to in paragraph (1).
(9) To perform such other functions relating to matters described in paragraphs (1) and (2) as the Director of Homeland Intelligence shall prescribe.
(d) ACCESS TO DIRECTOR OF HOMELAND INTELLIGENCE- (1) The Director of the Office of Privacy and Civil Liberties Protection shall report directly to the Director of Homeland Intelligence in the performance of the mission of the Office of Privacy and Civil Liberties Protection.
(2) The Director of the Office of Privacy and Civil Liberties Protection shall have direct and prompt access to the Director of Homeland Intelligence for any purpose pertaining to the performance of the mission of the Office.
(e) POWERS- (1) The Director of the Office of Privacy and Civil Liberties Protection shall have powers and authorities necessary for the performance of the mission of the Office, including--
(A) the power to conduct audits and inspections;
(B) the power, as provided in paragraph (2), to administer or take oaths, affirmations, or affidavits; and
(C) the power to require the production of evidence by subpoena, including information described in paragraph (4).
(2) The Director may administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the performance of the duties of the Director,
which oath, affirmation, or affidavit when administered or taken by or before an employee of the Director designated by the Director shall have the same force and effect as if administered or taken by or before an officer having a seal.
(3) The Director of the Office of Privacy and Civil Liberties Protection shall have access to any employee, or any employee of a contractor, of the Homeland Intelligence Agency whose testimony is needed for the performance of the mission of the Office.
(4) The Director shall have direct access to any records, reports, audits, reviews, documents, papers, recommendations, data, or any other materials of the Agency that is needed for the performance of the mission of the Office.
(5) In the case of contumacy or refusal to obey a subpoena issued under paragraph (1), the subpoena shall be enforceable by order of any appropriate district court of the United States.
(6) Failure on the part of any employee or contractor to cooperate with the Director of the Office of Privacy and Civil Liberties Protection shall be grounds for appropriate administrative actions by the Director of Homeland Intelligence, including loss of employment or termination of an existing contractual relationship.
(f) AUTHORITIES- (1) The Director of the Office of Privacy and Civil Liberties Protection shall be provided with appropriate and adequate office space at central and field office locations, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of such offices.
(2) Subject to applicable law and the policies of the Director of Homeland Intelligence, the Director of the Office of Privacy and Civil Liberties Protection shall select, appoint, and employ such officers and employees as may be necessary to carry out the mission of the Office of Privacy and Civil Liberties Protection. In making such selections, the Director of the Office of Privacy and Civil Liberties Protection shall ensure that such officers and employees have the requisite training and experience to enable the Director of the Office of Privacy and Civil Liberties Protection to carry out the mission of the Office. In this regard, the Director of the Office of Privacy and Civil Liberties Protection shall establish a career cadre of sufficient size to provide appropriate continuity and objectivity needed for the effective performance of the mission of the Office.
(3) Subject to the concurrence of the Director of Homeland Intelligence, the Director of the Office of Privacy and Civil Liberties Protection may request such information or assistance as may be necessary for carrying out the mission of the Office from any Government agency. Upon request of the Director of the Office of Privacy and Civil Liberties Protection for such information or assistance, the head of the agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the agency involved, furnish to the Director of the Office of Privacy and Civil Liberties Protection, or to an authorized designee, such information or assistance.
(g) PROTECTION OF CIVIL LIBERTIES IN CASES INVOLVING CLASSIFIED INFORMATION- (1) The Director of the Office of Privacy and Civil Liberties Protection shall establish and maintain in the Office of Privacy and Civil Liberties Protection a bureau to advocate for the civil liberties under the Constitution at ex parte hearings as follows:
(A) Ex parte hearings of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(B) Ex parte hearings under the Classified Information Procedures Act (5 U.S.C. App.).
(C) Procedures conducted by the Immigration and Naturalization Service at which classified information is considered by an examiner.
(2) The Director shall ensure that the staff attorneys of the bureau have trial or appellate advocacy skills, whether by experience or training, adequate for the performance of the duties of the bureau.
(3)(A) The head of the bureau shall report only to the Director regarding the performance of the duties of the bureau.
(B) The staff of the bureau shall report only to the Director, and to the head of the bureau, regarding the performance of the duties of the bureau.
(C) The head of the bureau and the members of the staff of the bureau may not be supervised, evaluated for purposes of pay or advancement, or otherwise instructed regarding the duties of the bureau by any officer or employee of the Department of Homeland Security or Homeland Intelligence Agency other than the Director, the head of the bureau, or other staff of the bureau.
(4)(A) In the case of an ex parte hearing under the Foreign Intelligence Surveillance Act of 1978, an attorney of the bureau may have access only to the materials provided to the judge concerned.
(B) An attorney of the bureau shall not have the power to conduct any independent investigation or inquiry into matters considered by the judge or examiner concerned.
(5) The Director shall prescribe such procedures for the performance of the duties of the bureau as the Director considers appropriate. The procedures shall ensure the following:
(A) That no member of the bureau receives classified information in the performance of the duties of the bureau unless the member possesses a security clearance appropriate for access to such information.
(B) That no member of the bureau discloses the substance of any information, whether classified or unclassified, received by such member in the performance of the duties of the bureau to any person other than the Director or a member of the bureau, except with the direct approval of the Director.
(h) ADVISORY BOARD- (1) The Director of Homeland Intelligence shall establish an advisory board to advise the Director of the Office of Privacy and Civil Liberties Protection in the performance of the mission of the Office of Privacy and Civil Liberties Protection.
(2) The advisory board shall consist of individuals from the private sector who have expertise in the Constitution and law relating to privacy and civil liberties protections.
(3) The advisory board shall provide advice and recommendations to the Director of the Office of Privacy and Civil Liberties Protection on such matters relating to the mission of the Office as the Director of Homeland Intelligence, in consultation with the Director of the Office of Privacy and Civil Liberties Protection, considers appropriate.
(4) The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the advisory board under this subsection.
(i) SEPARATE BUDGET ACCOUNT- For any fiscal year beginning after the date of the enactment of this Act, and in accordance with procedures to be issued by the Director of Homeland Intelligence in consultation with the congressional intelligence committees, the Director shall include in the National Foreign Intelligence Program budget a separate account for the Office of Privacy and Civil Liberties Protection.
(j) ANNUAL REPORTS- (1) Not later than February 1 each year, the Director of the Office of Privacy and Civil Liberties Protection shall submit to the appropriate committees of Congress a report on the activities of the Office of Privacy and Civil Liberties Protection during the preceding year.
(2) Each report under paragraph (1) shall include a description of the effect on privacy and civil liberties of the activities of the Homeland Intelligence Agency during the year covered by the report, including--
(A) the number and status of complaints received under subsection (c)(2);
(B) the actions taken by the Agency and the Office to implement section 552a of title 5, United States Code (commonly referred to as the Privacy Act of 1974);
(C) the actions taken by the Agency and the Office to implement, modify, or enhance the internal controls of the Agency or the Office regarding privacy and civil liberties;
(D) the actions taken by the Agency and the Office in accordance with this Act for the protection of privacy and civil liberties, including an assessment of the effectiveness of such actions; and
(E) such other matters as the Director considers appropriate.
(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
SEC. 116. OFFICE OF FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT COORDINATION.
(a) ESTABLISHMENT- There is established in the Homeland Intelligence Agency the Office of Federal, State, and Local Law Enforcement Coordination.
(b) RESPONSIBILITIES- (1) The Office of Federal, State, and Local Law Enforcement Coordination shall ensure, in accordance with applicable statutes, regulations, and Executive orders, and consistent with the protection of intelligence sources and methods, that--
(A) any information that is collected or otherwise acquired by the Homeland Intelligence Agency relating to evidence of the possible violation of the laws of the United States is promptly transmitted to the Attorney General and the Office of Foreign Intelligence Coordination of the Federal Bureau of Investigation (as established by section 202); and
(B) any information that is collected by the Agency relating to the missions of State or local law enforcement, health, rescue, fire, or other first responder agencies to protect the public health and safety of their citizens is promptly transmitted to the appropriate recipients in such agencies.
(2) For purposes of paragraph (1)(B), the appropriate recipients of classified information in a State or local agency referred to in that paragraph are the personnel of such agency who are designated as appropriate recipients of such information by the Secretary of Homeland Security, but only if such personnel have received clearance from the Director of Central Intelligence for access to classified information.
(c) ACCESS AND HANDLING OF CLASSIFIED INFORMATION BY STATE AND LOCAL PERSONNEL- (1) Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Director of Central Intelligence shall jointly ensure that sufficient personnel of State and local agencies designated as appropriate recipients of information under paragraph (2) of subsection (b) receive clearances under that paragraph, and training, to enable such personnel to receive and handle properly classified information of the United States Government.
(2) The Secretary shall ensure that personnel of State and local agencies designated as appropriate recipients of information under paragraph (2) of subsection (b) have convenient access to secure communications and facilities adequate to ensure the prompt and efficient transmittal and receipt of classified information under paragraph (1)(B) of that subsection.
(d) CONSULTATION- (1) The Director of Homeland Intelligence and the Director of the Federal Bureau of Investigation shall consult on a regular basis regarding the activities of the Office of Federal, State, and Local Law Enforcement Coordination of the Homeland Intelligence Agency under this section and the activities of the Office of Foreign Intelligence Coordination of the Federal Bureau of Investigation under section 202 in order to ensure the timely and efficient discharge of the functions of each Office.
(2) The Director of Homeland Intelligence shall consult with the chief executive officer of each State and the District of Columbia, or appropriate persons designated by such chief executive officer, to ensure that the partnership between the Federal Government and the States on the sharing of information functions as efficiently and effectively as possible.
SEC. 117. SEAL.
The Homeland Intelligence Agency shall have a seal, of such design as the President shall approve, and judicial notice shall be taken thereof.
Subtitle B--Authorities SEC. 121. PERSONNEL TRAINING.
(a) TRAINING PROGRAM REQUIRED- The Director of Homeland Intelligence shall establish and implement within the Homeland Intelligence Agency a program for purposes as follows:
(1) To provide new personnel of the Agency with training as intelligence officers in order to carry out the mission of the Agency.
(2) To provide law enforcement or other personnel who are transferred to the Agency from other agencies of the United States Government, including the Federal Bureau of Investigation, with training as intelligence officers in order to carry out the mission of the Agency.
(3) To provide additional training to personnel of the Agency on at least an annual basis.
(b) NATURE OF TRAINING- The training provided under this section shall--
(1) be modelled on the program of training conducted by the Central Intelligence Agency for new intelligence officers of the Directorate of Operations of the Central Intelligence Agency; and
(2) take into account the special needs associated with conducting intelligence collection activities inside the United States in a manner consistent with the Constitution and laws of the United States.
SEC. 122. DISSEMINATION OF INFORMATION.
(a) IN GENERAL- (1) The Director of Homeland Intelligence shall provide for the prompt and efficient dissemination to the elements and entities referred to in subsection (d), as appropriate, of intelligence reports containing the foreign intelligence and counterintelligence collected by the Agency (including foreign intelligence and counterintelligence collected pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)), and analysis relating thereto conducted by the Agency, under this title.
(2) In disseminating foreign intelligence, counterintelligence, and analysis relating thereto under this subsection, the Director of Homeland Intelligence shall, in consultation with the Director of Central Intelligence, ensure the protection from disclosure of classified information, including information relating to intelligence sources and methods.
(b) TECHNOLOGY INFRASTRUCTURE- The Director of Homeland Intelligence shall establish within the Homeland Intelligence Agency a technology infrastructure sufficient to permit the prompt and secure electronic dissemination to the elements and entities referred to in subsection (d) of intelligence reports containing foreign intelligence, counterintelligence, and analysis relating thereto under subsection (a).
(c) OFFICE OF REPORTS OFFICERS- (1) The Director of Homeland Intelligence shall establish within the Homeland Intelligence Agency an office of reports officers who shall be responsible for the prompt and efficient dissemination of intelligence under this section.
(2) The Director shall assign to the office under paragraph (1) a sufficient number of reports officers to ensure the dissemination of intelligence collected by the Agency from human sources and all other lawful collection methods.
(3) Each reports officer assigned to the office under paragraph (1) shall receive training under section 121 that is appropriate for the performance of their duties.
(d) ELEMENTS AND ENTITIES- The elements and entities referred to in this subsection are as follows:
(1) The other elements of the intelligence community.
(2) Such other departments and agencies of the United States Government as the President may designate for purposes of this section.
(3) The entities of State and local governments identified under subsection (e).
(e) DISSEMINATION TO STATE AND LOCAL GOVERNMENT AGENCIES- (1) The Secretary of Homeland Security, in consultation with the Director of Homeland Intelligence, shall identify the entities of State and local governments to which intelligence reports shall be disseminated under this section.
(2) The entities of State and local governments identified under paragraph (1) shall be limited to entities that perform functions with respect to health and safety, including law enforcement, health, rescue, fire, and other first responder agencies and the liaison offices of such agencies.
(3) In identifying entities under paragraph (1), the Secretary shall ensure each of the following:
(A) Adequate representation among entities identified of law enforcement, health, rescue, fire and other first responder agencies.
(B) Adequate representation among entities identified of entities located in the major population center or centers of each State.
(C) Adequate representation among entities identified of entities in each of the major geographic region of each State.
(4)(A) An official of an entity identified under paragraph (1) may not have access to intelligence reports disseminated under this section unless such official possesses a security clearance appropriate for the intelligence, counterintelligence, or analysis in such intelligence reports.
(B) Each official having access to intelligence reports disseminated under this section shall receive appropriate training in the proper receipt and handling of classified information of the Federal Government.
(f) DEFINITION- In this section, the term `elements of the intelligence community' means the elements of the intelligence community specified in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)), as amended by this Act.
SEC. 123. GUIDELINES ON COLLECTION OF FOREIGN INTELLIGENCE AND COUNTERINTELLIGENCE INSIDE THE UNITED STATES.
(a) GUIDELINES REQUIRED- The Director of Central Intelligence shall establish guidelines on the collection by the Homeland Intelligence Agency of foreign intelligence and counterintelligence inside the United States, including with respect to United States persons. The guidelines shall be established in accordance with this section.
(b) ELEMENTS- The guidelines under subsection (a) shall--
(1) implement Executive Order 12333, or any successor order, regarding the conduct of foreign intelligence and counterintelligence activities, as such Executive Order is modified in accordance with this Act;
(2) consolidate together, and modify in accordance with this Act, appropriate portions of current guidelines, directives, rules, regulations, or other instructions on the conduct of foreign intelligence or counterintelligence collection activities inside the United States (including with respect to United States persons) that are applicable to the Federal Bureau of Investigation, the Central Intelligence Agency, the National Security Agency, and other elements of the intelligence community;
(3) provide appropriate protections for privacy and civil liberties, consistent with the Constitution and laws of the United States;
(4) ensure that information about United States persons, regardless of the means of its acquisition, is properly stored, accessed, disseminated, and retained;
(5) ensure that the accessing and dissemination of information about United States persons is subject to an electronic auditing process by which abuse of such information can be identified and tracked;
(6) ensure that the practices and procedures of the Agency to access or acquire personal identifying information through the Internet, from third party holders of such information, or otherwise, provide appropriate protections for the privacy and civil liberties of United States persons; and
(7) ensure that any information acquired though the practices and procedures referred to in paragraph (6) is retained, stored, and made available to other elements of the United States Government using practices and procedures that provide appropriate protections for the privacy and civil liberties of United States persons.
(c) CONSTRUCTION WITH INAPPLICABLE PORTIONS OF CURRENT GUIDELINES- The consolidation and modification of guidelines, directives, rules, regulations, and other instructions required by subsection (b)(2) shall not be construed to alter the force and effect of the portions of such guidelines, directives, rules, regulations, or instructions that do not relate to the matters described in that subsection.
(d) PREPARATION- (1) The Director of Homeland Intelligence shall prepare the initial draft of the guidelines under subsection (a) through the Director of the Office of Privacy and Civil Liberties Protection, and shall submit such draft guidelines to the Director of Central Intelligence.
(2) The Director of Homeland Intelligence shall ensure that the advisory board established under section 115(h) has an opportunity to comment on the draft guidelines under paragraph (1) before the submittal of such draft guidelines to the Director of Central Intelligence under that paragraph.
(3) The Director of Central Intelligence shall submit the draft guidelines under paragraph (1) to the Attorney General for review and approval in accordance with this Act.
(4) Upon the completion of the review and approval of the draft guidelines under this subsection, the Director of Central Intelligence shall submit such guidelines, including any modification of such guidelines as a result of such review, to the appropriate committees of Congress.
(5) The guidelines shall take effect 30 days after the date of their submittal to the appropriate committees of Congress under paragraph (4).
(e) PUBLICATION- The Director of Homeland Intelligence shall ensure, to the maximum extent practicable consistent with the protection of intelligence sources and methods and the protection of the national security of the United States, that the guidelines established under this section, and any modifications thereof, are made available to the public.
SEC. 124. COORDINATION WITH CENTRAL INTELLIGENCE AGENCY OVERSEAS.
(a) IN GENERAL- The Director of Homeland Intelligence shall, in consultation with the Director of Central Intelligence, assign personnel of the Homeland Intelligence Agency to operate overseas under the direct authority and control of the Central Intelligence Agency.
(b) PURPOSE OF ASSIGNMENT- The primary purpose of the assignment of personnel of the Homeland Intelligence Agency overseas under subsection (a) shall be the prompt and efficient coordination of operations, and exchange of information, between the Homeland Intelligence Agency and the Central Intelligence Agency.
(c) AUTHORIZATION AND LIMITATIONS BY DCI- The Director of Central Intelligence may authorize, and impose any limitations on, the operations overseas of personnel of the Homeland Intelligence Agency under subsection (a) that the Director considers appropriate.
(d) STATUS OF PARTICIPATION- (1) Personnel of the Homeland Intelligence Agency operating overseas under subsection (a) may participate in such operations either on detail to the Central Intelligence Agency or as liaisons to Central Intelligence Agency at the joint election of the Director of Homeland Intelligence and the Director of Central Intelligence.
(2) Any detail under paragraph (1) may be with or without reimbursement at the joint election of the Director of Homeland Intelligence and the Director of Central Intelligence.
(3) Notwithstanding any other provision of law, the detail of personnel under paragraph (2), whether on a reimbursable or nonreimbursable basis, may be for any period of time considered appropriate by the Director of Central Intelligence.
SEC. 125. TREATMENT AS ELEMENT OF INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) is amended--
(1) in subparagraph (I), by striking `and' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K); and
(3) by inserting after subparagraph (I) the following new subparagraph (J):
`(J) the Homeland Intelligence Agency; and'.
SEC. 126. INCLUSION WITHIN NATIONAL FOREIGN INTELLIGENCE PROGRAM.
The programs, projects, and activities of the Homeland Intelligence Agency shall be treated as programs, projects, and activities of the National Foreign Intelligence Program (as that term is defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)).
SEC. 127. FOREIGN INTELLIGENCE SURVEILLANCE ACTIVITIES.
(a) DISCHARGE OF FBI FUNCTIONS UNDER FISA BY HIA- (1) The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by striking `Federal Bureau of Investigation' each place it appears in the following provisions and inserting `Homeland Intelligence Agency':
(A) Section 104(e)(1)(A) (50 U.S.C. 1804(e)(1)(A)).
(B) Section 303(d)(1)(A) (50 U.S.C. 1823(d)(1)(A)).
(C) Section 501(d) (50 U.S.C. 1861(d)).
(2) Section 402(a)(1) of that Act (50 U.S.C. 1842(a)(1)) is amended by striking `which is being conducted' and all that follows through `or a successor order'.
(3) Section 501(a)(1) of that Act (50 U.S.C. 1861(a)(1)) is amended by striking `Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge)' and inserting `Director of Homeland Intelligence or a designee of the Director'.
(b) RESPONSIBILITY FOR DISSEMINATION OF INFORMATION- Section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)) is amended by striking `Attorney General' and inserting `Director of Homeland Intelligence'.
SEC. 128. ANNUAL REPORTS.
(a) REPORTS REQUIRED- The Director of Homeland Intelligence shall submit to the appropriate committees of Congress each year a report on the activities of the Agency during the preceding year.
(b) SUBMITTAL DATE- (1) In the case of the congressional intelligence committees, the submittal date for a report under subsection (a) shall be the date provided in section 507 of the National Security Act of 1947, as added by section 811 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306) and amended by section 153 of this Act.
(2) In the case of the Committees on the Judiciary of the Senate and House of Representatives, the submittal date for a report under subsection (a) shall be February 1.
(c) ELEMENTS- Each report under subsection (a) shall include, for the year covered by such report, the following:
(1) A description of the activities of the Homeland Intelligence Agency, including a separate description of the activities of--
(A) the Inspector General of the Homeland Intelligence Agency;
(B) the Office of Privacy and Civil Liberties Protection; and
(C) the Office of Federal, State, and Local Law Enforcement Coordination.
(2) A description of the participation of the Agency in activities of the Terrorist Threat Integration Center.
(3) A statement of the number of times that information on possible violations of the law of the United States was transmitted to the Attorney General under section 116, including, to the extent consistent with the protection of civil liberties and of intelligence and law enforcement sources and methods, a description of the circumstances involved.
(4) A description of the personnel training provided under section 121.
(5) A statement of the number of intelligence reports, and finished intelligence products, produced by the Agency, and of the number of such reports, and of such products, disseminated by the Agency under section 122.
(6) Any other information regarding the activities of the Agency that the Director of Homeland Intelligence considers appropriate.
(d) INFORMATION ON TRANSFER OF FUNCTIONS- (1) Subject to paragraph (2), each report under subsection (a) shall also include a description of the progress made during the year covered by such report in transferring to the Homeland Intelligence Agency the functions to be transferred under subtitle C, including a description of the functions transferred during such year.
(2) The requirement in paragraph (1) shall cease after the date of the submittal of the report submitted in the year following the year of the completion of the transfer of functions to the Agency under subtitle C, as determined by the President.
(e) FORM OF REPORT- Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Subtitle C--Transfer of Functions SEC. 141. TRANSFER OF FUNCTIONS.
(a) TRANSFER- There is hereby transferred to the Homeland Intelligence Agency the functions with respect to the mission of the Homeland Intelligence Agency of the agencies as follows:
(1) The Federal Bureau of Investigation.
(2) The Central Intelligence Agency.
(3) The National Security Agency.
(4) The Office of the National Counterintelligence Executive.
(5) Any other department or agency of the United States Government carrying out such function.
(b) IDENTIFICATION OF FUNCTIONS TO BE TRANSFERRED- The President shall identify the functions of the agencies referred to in paragraphs (1) through (5) of subsection (a) that are to be transferred pursuant to that subsection.
SEC. 142. REORGANIZATION.
The Director of Homeland Intelligence may allocate or reallocate any function transferred under section 141 among the officers of the Homeland Intelligence Agency, and establish, consolidate, alter, or discontinue such organizational entities in the Agency as may be necessary or appropriate.
SEC. 143. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.
Except as otherwise provided in this title, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by section 141, subject to section 1531 of title 31, United States Code, shall be transferred to the Homeland Intelligence Agency.
SEC. 144. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget may make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with functions transferred under section 141 as may be necessary to carry out the provisions of this title.
SEC. 145. EFFECT ON PERSONNEL.
Except as otherwise provided by this title, the transfer pursuant to section 141 of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under section 141.
SEC. 146. SAVINGS PROVISIONS.
(a) IN GENERAL- All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under section 141, and
(2) which are in effect on the date of the enactment of this Act, or were final before that date and are to become effective on or after that date,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of Homeland Security, the Director of Homeland Intelligence or other authorized official, a court of competent jurisdiction, or by operation of law.
(b) PENDING PROCEEDINGS- (1) The provisions of this section shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before an agency referred to in paragraph (1), (2), (3), (4), or (5) of section 141(a) on the date of the enactment of this Act, with respect to functions transferred by section 141, but such proceedings and applications shall continue.
(2) Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director or other authorized official, by a court of competent jurisdiction, or by operation of law.
(3) Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.
(c) SUITS- (1) The provisions of this subtitle shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.
(2) No suit, action, or other proceeding commenced by or against an agency referred to in paragraph (1), (2), (3), (4), or (5) of section 141(a), or by or against any individual in the official capacity of such individual as an officer of such agency, shall abate by reason of the enactment of this Act.
(d) ADMINISTRATIVE ACTIONS- Any administrative action relating to the preparation or promulgation of a regulation by an agency referred to in paragraph (1), (2), (3), (4), or (5) of section 141(a) relating to a function transferred under section 141 may be continued by the Homeland Intelligence Agency with the same effect as if this Act had not been enacted.
SEC. 147. TRANSITION.
The Director of Homeland Intelligence may utilize--
(1) the services of such officers, employees, and other personnel of an agency referred to in paragraph (1), (2), (3), (4), or (5) of section 141(a) with respect to functions transferred to the Homeland Intelligence Agency by section 141; and
(2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this Act.
SEC. 148. REFERENCES.
Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to--
(1) the head of an agency referred to in paragraph (1), (2), (3), (4), or (5) of section 141(a) with regard to functions transferred under section 141, shall be deemed to refer to the Director of Homeland Intelligence; and
(2) an agency referred to in such subparagraph with regard to functions transferred under section 141, shall be deemed to refer to the Homeland Intelligence Agency.
Subtitle D--Conforming Amendments SEC. 151. EXECUTIVE SCHEDULE.
(a) EXECUTIVE SCHEDULE LEVEL III- Section 5314 of title 5, United States Code, is amended by adding at the end the following:
`Director of Homeland Intelligence.'.
(b) EXECUTIVE SCHEDULE LEVEL IV- Section 5315 of title 5, United States Code, is amended by adding at the end the following:
`Deputy Director of Homeland Intelligence.
`Inspector General of the Homeland Intelligence Agency.
`Director of the Office of Privacy and Civil Liberties Protection of the Homeland Intelligence Agency.'.
(c) EXECUTIVE SCHEDULE LEVEL V- Section 5316 of title 5, United States Code, is amended by adding at the end the following:
`General Counsel of the Homeland Intelligence Agency.'.
SEC. 152. DEPARTMENT OF HOMELAND SECURITY ACT.
Section 103 of the Department of Homeland Security Act (Public Law 107-296) is amended--
(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following new subsection (d):
`(d) HOMELAND INTELLIGENCE AGENCY OFFICERS- There are the following officers of the Homeland Intelligence Agency, within the Department, appointed as provided in the Homeland Intelligence Agency Act of 2003:
`(1) A Director of Homeland Intelligence.
`(2) A Deputy Director of Homeland Intelligence.
`(3) An Inspector General of the Homeland Intelligence Agency.
`(4) A Director of the Office of Privacy and Civil Liberties Protection of the Homeland Intelligence Agency.
`(5) A General Counsel of the Homeland Intelligence Agency.'.
SEC. 153. NATIONAL SECURITY ACT OF 1947.
Section 507 of the National Security Act of 1947, as added by section 811 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306), is further amended--
(1) in subsection (a)(1), by adding at the end the following new subparagraph:
`(O) The annual report on the activities of the Homeland Intelligence Act required by section 128 of the Homeland Intelligence Agency Act of 2003.'; and
(2) in subsection (b), by adding at the end the following new paragraph:
`(9) The semiannual reports on the Inspector General of the Homeland Intelligence Agency required by section 114(d)(1) of the Homeland Intelligence Agency Act of 2003.'.
TITLE II--FEDERAL BUREAU OF INVESTIGATION SEC. 201. TERMINATION OF FUNCTIONS AND RESPONSIBILITIES OF FEDERAL BUREAU OF INVESTIGATION AS ELEMENT OF THE INTELLIGENCE COMMUNITY.
(a) IN GENERAL- (1) Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section:
`INTELLIGENCE FUNCTIONS AND RESPONSIBILITIES OF FEDERAL BUREAU OF INVESTIGATION
`SEC. 119. (a) EXCLUSION FROM INTELLIGENCE COMMUNITY- The Federal Bureau of Investigation shall not be an element of the intelligence community.
`(b) EXCLUSION FROM NATIONAL FOREIGN INTELLIGENCE PROGRAM- No program, project, or activity of the Federal Bureau of Investigation may be treated as a program, project, or activity of the National Foreign Intelligence Program.
`(c) PROHIBITION ON DISCHARGE OF INTELLIGENCE-RELATED FUNCTIONS- (1) Except as otherwise provided by law, the Federal Bureau of Investigation may not discharge or carry out functions as follows:
`(A) Functions relating to foreign intelligence.
`(B) Functions relating to counterintelligence.
`(C) Internal security functions.
`(2) The prohibition in paragraph (1) may not be construed--
`(A) to prohibit the Federal Bureau of Investigation from collecting domestic intelligence in support of its law enforcement mission;
`(B) to prohibit the Federal Bureau of Investigation from conducting law enforcement investigations related to any matter, including any counterintelligence matter, that may violate the laws of the United States; or
`(C) to prohibit the Federal Bureau of Investigation from coordinating, or working jointly, with the Homeland Intelligence Agency of the Department of Homeland Security on domestic intelligence or law enforcement matters relating to the activities of the Agency.
`(d) DOMESTIC INTELLIGENCE DEFINED- In this section, the term `domestic intelligence' means information relating to the capabilities, intentions, or activities of persons or entities inside the United States, but does not include information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist organizations.'.
(2) The table of contents for that Act is amended by adding at the end of the matter relating to title I the following new item:
`119. Intelligence functions and responsibilities of Federal Bureau of Investigation.'.
(b) ABOLISHMENT OF POSITION OF ASSISTANT DIRECTOR, NATIONAL SECURITY DIVISION, FEDERAL BUREAU OF INVESTIGATION- The position of Assistant Director, National Security Division of the Federal Bureau of Investigation (also known as the Executive Assistant Director for Counterterrorism and Counterintelligence) is hereby abolished.
(c) CONSTRUCTION- Nothing in this Act may be construed as affecting the powers or responsibilities of the Federal Bureau of Investigation regarding--
(1) law enforcement; or
(2) the collection of intelligence on internal domestic threats to the United States that do not relate to foreign powers or agents of foreign powers.
(d) CONFORMING AMENDMENTS- (1) Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C. 401a(4)(H)) is amended by striking `the Federal Bureau of Investigation,'.
(2) Paragraph (5) of section 3 of that Act is amended to read as follows:
`(5) The terms `national intelligence' and `intelligence related to the national security' each refer to intelligence which pertains to the interests of more than one department or agency of the Government.'.
(3) Section 104(d)(2) of that Act (50 U.S.C. 403-4(d)(2)) is amended--
(A) in subparagraph (A)--
(i) in clause (iii), by adding `and' at the end;
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as clause (iv); and
(B) in subparagraph (B), by striking `subparagraph (A)(v)' both places it appears and inserting `subparagraph (A)(iv)'.
(4) Section 106(b) of that Act (50 U.S.C. 403-6(b)) is amended by striking paragraph (3).
(5) Section 606 (50 U.S.C. 426) of that Act is amended--
(A) in paragraph (4), by striking subparagraph (B) and inserting the following new subparagraph (B):
`(B) a United States citizen--
`(i) whose intelligence relationship to the United States is classified information; and
`(ii) who--
`(I) resides and acts outside the United States as an agent of, or informant or source of operational assistance to, an intelligence agency; or
`(II) is at the time of disclosure acting as an agent of, or informant to, the Homeland Intelligence Agency; or'; and
(B) in paragraph (5), by striking `Federal Bureau of Investigation' and inserting `Homeland Intelligence Agency'.
SEC. 202. OFFICE OF FOREIGN INTELLIGENCE COORDINATION.
(a) ESTABLISHMENT- (1) There is established in the Federal Bureau of Investigation the Office of Foreign Intelligence Coordination.
(b) RESPONSIBILITY- The Office of Foreign Intelligence Coordination shall ensure, in accordance with applicable statutes, regulations, and Executive orders, that any foreign intelligence or counterintelligence that is collected by the Federal Bureau of Investigation in the course of the performance of its law enforcement functions is promptly and efficiently transmitted to the Director of Central Intelligence, the Office of Federal, State, and Local Law Enforcement Coordination of the Homeland Intelligence Agency (established by section 116 of this Act), and any other element of the intelligence community, as required by section 105B of the National Security Act of 1947 (50 U.S.C. 403-5b).
(c) PERSONNEL- The personnel of the Office of Foreign Intelligence Coordination shall consist of officers who have received training for the functions of the Office that is comparable to the training provided for reports officers of the Central Intelligence Agency by the Directorate of Operations of the Central Intelligence Agency.
SEC. 203. IMPROVEMENT OF COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.
(a) IN GENERAL- Subsection (c) of section 811 of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103-359; 50 U.S.C. 402a) is amended--
(1) in paragraph (1)(A)--
(A) by striking `in an unauthorized manner'; and
(B) by inserting `in a manner that may violate the laws of the United States' before the semicolon;
(2) in paragraph (2), by striking `espionage investigations' and inserting `espionage criminal investigations';
(3) in paragraph (3)(A), by striking `counterintelligence investigation' and inserting `counterintelligence criminal investigation'; and
(4) in paragraph (4)(A), by striking `espionage investigation' and inserting `espionage criminal investigation'.
(b) CONFORMING AMENDMENT- The heading of the that subsection is amended by inserting `RELATING TO LAW ENFORCEMENT' after `COUNTERINTELLIGENCE MATTERS'.
TITLE III--SURVEILLANCE MATTERS
Subtitle A--Foreign Intelligence Surveillance Reports SEC. 301. SHORT TITLE.
This subtitle may be cited as the `Foreign Intelligence Surveillance Public Reporting Act'.
SEC. 302. ADDITIONAL MATTERS IN ANNUAL REPORTS ON SURVEILLANCE UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) RESTATEMENT OF CURRENT MATTERS WITH ADDITIONAL MATTERS- Section 107 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1807) is amended by striking paragraphs (a) and (b) and inserting the following new paragraphs:
`(1) in the case of electronic surveillance under this title--
`(A) the total number of applications made for orders and extensions of orders approving electronic surveillance, including the total number of United States persons targeted; and
`(B) the total number of applications and extensions approved, modified, or denied, including for applications approved or modified the total number of United States persons targeted;
`(2) in the case of physical searches under title III--
`(A) the total number of applications made for orders approving physical searches, including the total number of United States persons targeted;
`(B) the total number of applications approved, modified, or denied, including for orders approved or modified the total number of United States persons targeted; and
`(C) the total number of occasions, if any, on which the Attorney General provided notice pursuant to section 305(b);
`(3) in the case of the undisclosed participation of officials of the Homeland Intelligence Agency, or agents acting on behalf of the Agency, in the activities of religious or political groups or organizations under title VI--
`(A) the total number of applications made for orders approving such participation; and
`(B) the total number of applications approved, modified, or denied to engage in such participation; and
`(4) within the discretion of the Attorney General or the Director of Homeland Intelligence and in a manner consistent with the protection of the national security of the United States, significant interpretations of this Act which affect and inform practice under this Act, including, as appropriate, redacted portions of opinions and orders of the court under section 103.'.
(b) CONSTRUCTION WITH OTHER SEMIANNUAL REPORTS ON SURVEILLANCE AND SEARCHES- (1) Section 108 of that Act (50 U.S.C. 1808) is amended by striking subsection (b) and inserting the following new subsection (b):
`(b) The semiannual reports on electronic surveillance under the first sentence of paragraph (1) of subsection (a) are in addition to the annual reports on physical searches required under section 107(1).'.
(2) Section 306 of that Act (50 U.S.C. 1826) is amended--
(A) by inserting `(a)' before `On a semiannual'; and
(B) by adding at the end the following new subsection:
`(b) The semiannual reports on physical searches under paragraph (1) of the second sentence of subsection (a) are in addition to the annual reports on physical searches required under section 107(2).'.
(c) REQUIREMENTS FOR FIRST REPORT UNDER MODIFIED AUTHORITY- In the first report submitted under paragraph (4) of section 107 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a), after the date of the enactment of this Act, the Attorney General shall include the matters specified in that paragraph, as so added, for all significant interpretations of the Foreign Intelligence Act of 1978 before the date of the enactment of this Act.
(d) TECHNICAL AMENDMENTS- Section 502 of that Act is amended by striking `section 402' each place it appears and inserting `section 501'.
(e) CONFORMING AND CLERICAL AMENDMENTS- (1) The heading for section 107 of that Act is amended to read as follows:
`ANNUAL REPORTS'.
(2) The table of sections for that Act is amended by striking the item relating to section 107 and inserting the following new item:
`Sec. 107. Annual reports.'.
Subtitle B--Participation in Religious and Political Groups for Foreign Intelligence and International Terrorism Purposes SEC. 311. PARTICIPATION IN RELIGIOUS AND POLITICAL GROUPS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM PURPOSES.
(a) IN GENERAL- Title VI of the Foreign Intelligence Surveillance Act of 1978 is amended to read as follows:
`TITLE VI--PARTICIPATION IN RELIGIOUS AND POLITICAL GROUPS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM PURPOSES
`DEFINITIONS
`SEC. 601. In this chapter:
`(1) The terms `foreign power', `agent of a foreign power', `international terrorism', `foreign intelligence information', `Attorney General', `United States person', and `United States' have the meaning given such terms in section 101.
`(2)(A) The term `undisclosed participation', with respect to a group or organization, means joining or otherwise participating in the activities of the group or organization, without disclosing Federal Government affiliation to appropriate officials of the group or organization who have authority to authorize such participation, for the purpose of acquiring foreign intelligence information about the activities of the group or organization, or a person or persons associated with the group or organization.
`(B) The term does not include participation in activities that are open to the public and for which participants do not disclose their affiliations.
`(3) The term `Foreign Intelligence Surveillance Court' means the court established by section 103(a).
`UNDISCLOSED PARTICIPATION IN RELIGIOUS OR POLITICAL GROUPS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM PURPOSES
`SEC. 602. (a) Notwithstanding any other provision of law, the Attorney General or a designated attorney for the Government may make an application for an order or an extension of an order authorizing or approving the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, acting in accordance with guidelines established pursuant to section 123 of Homeland Intelligence Agency Act of 2003, in the activities of a religious or political group or organization as part of an investigation to obtain foreign intelligence information or information concerning international terrorism.
`(b) Undisclosed participation in the activities of a religious or political group or organization by an official of the Federal Government, or an agent acting on behalf of the Federal Government, is prohibited except in accordance with this title.
`(c) Each application under this section shall be in writing under oath or affirmation to--
`(1) a judge of the Foreign Intelligence Surveillance Court; or
`(2) a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have the power to hear applications for and grant orders approving undisclosed participation in the activities of a religious or political group or organization pursuant to subsection (a) on behalf of a judge of the Foreign Intelligence Surveillance Court.
`(d) Each application under this section shall require the approval of the Attorney General or a designated attorney for the Government, and shall include--
`(1) the identity of the Federal officer seeking to engage in the undisclosed participation in the activities of a religious or political group or organization covered by the application;
`(2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing foreign intelligence or international terrorism investigation being conducted by the Homeland Intelligence Agency; and
`(3) specific facts creating a reasonable suspicion that the target of the investigation to which such application relates is--
`(A) an individual who is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States; or
`(B) a foreign power or agent of a foreign power under circumstances giving reason to believe that the activities concern international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States.
`(e)(1)(A) Upon written request of the Director of Homeland Intelligence, the Secretary of Defense, the Secretary of State, or the Director of Central Intelligence, the Attorney General shall personally review under subsection (d) an application under that subsection for a target described in section 101(b)(2).
`(B) Except when disabled or otherwise unavailable to make a request referred to in subparagraph (A), an official referred to in that subparagraph may not delegate the authority to make a request referred to in that subparagraph.
`(C) Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event such official is disabled or otherwise unavailable to make such request.
`(2)(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under subsection (d) for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request for the review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.
`(B) Notice with respect to an application under subparagraph (A) shall set forth the modifications, if any, of the application that are necessary in order for the Attorney General to approve the application under subsection (d) for purposes of making the application under this section.
`(C) Upon review of any modifications of an application set forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise the making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making of such modification.
`(f)(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization if the judge finds that the application satisfies the requirements of this section.
`(2) An order issued under this section shall specify--
`(A) the identity, if known, of the person who is the subject of the investigation to which such application relates; and
`(B) a description of the location of the establishment within which the religious or political group or organization conducts its activities.
`(g)(1) An order issued under this section shall authorize the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization for a period not to exceed 90 days.
`(2) Extensions of an order issued under this section may be granted, but only upon an application for an order under this section and upon a judicial finding that the extension of the order meets the requirements of this section.
`(3) The period of the extension of an order under this subsection shall not exceed 90 days.
`AUTHORIZATION DURING EMERGENCIES
`SEC. 603. (a) Notwithstanding any other provision of this title, when the Attorney General makes a determination described in subsection (b), the Attorney General may authorize the undisclosed participation of an official of the Homeland Intelligence Agency in the activities of a religious or political group or organization on an emergency basis to gather foreign intelligence information or information concerning international terrorism if--
`(1) a judge referred to in section 602(c) is informed by the Attorney General or the designee of the Attorney General at the time of such authorization that the decision has been made to authorize the undisclosed participation of the official in the activities of the religious or political group or organization on an emergency basis; and
`(2) an application in accordance with section 602 is made to such judge as soon as practicable, but not more than 72 hours, after the Attorney General authorizes the undisclosed participation of the official in the activities of the religious or political group or organization under this section.
`(b) A determination under this subsection is a reasonable determination by the Attorney General that--
`(1) an emergency requires the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization to obtain foreign intelligence information or information concerning international terrorism before an order authorizing the undisclosed participation of the official in the activities of the religious or political group or organization can with due diligence be obtained under section 602; and
`(2) the factual basis for issuance of an order under section 602 to approve the undisclosed participation of the official in the activities of the religious or political group or organization exists.
`(c)(1) In the absence of an order applied for under subsection (a)(2) approving the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization under this section, the undisclosed participation of the official in the activities of the religious or political group or organization shall terminate at the earlier of--
`(A) when the information sought is obtained;
`(B) when the application for the order is denied under section 602; or
`(C) 72 hours after the time of the authorization by the Attorney General.
`(2) In the event that an application for an order applied for under subsection (a)(2) is denied, or in any other case where the undisclosed participation of an official of the Agency in the activities of a religious or political group or organization under this section is terminated and no order under section 602 is issued approving the undisclosed participation of the official in the activities of the religious or political group or organization, no information obtained or evidence derived from the undisclosed participation of the official in the activities of the religious or political group or organization shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the undisclosed participation of the official in the activities of the religious or political group or organization shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
`AUTHORIZATION DURING TIME OF WAR
`SEC. 604. Notwithstanding any other provision of law, the President, through the Attorney General, may authorize the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization without a court order under this title to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by Congress.
`USE OF INFORMATION
`SEC. 605. (a)(1) Information acquired from the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization pursuant to this title concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this section.
`(2) No information acquired from the undisclosed participation of an official of the Agency in the activities of a religious or political group or organization pursuant to this title may be used or disclosed by Federal officers or employees except for lawful purposes.
`(b) No information acquired pursuant to this title shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
`(c) Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing,
or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization pursuant to this title, the United States shall, before the trial, hearing, or the other proceeding or at a reasonable time before an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.
`(d) Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any information obtained or derived from the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization pursuant to this title, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
`(e)(1) Any aggrieved person against whom evidence obtained or derived from the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization pursuant to this title is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the undisclosed participation of the official in the activities of the religious or political group or organization on the grounds that--
`(A) the information was unlawfully acquired; or
`(B) the undisclosed participation of the official in the activities of the religious or political group or organization was not carried out in conformity with an order of authorization or approval under this title.
`(2) A motion under paragraph (1) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.
`(f)(1) Whenever a court or other authority is notified pursuant to subsection (c) or (d), whenever a motion is made pursuant to subsection (e), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization pursuant to this title or to discover, obtain, or suppress evidence or information obtained or derived from the undisclosed participation of the official in the activities of the religious or political group or organization pursuant to this title, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, notwithstanding any other provision of law and if the Attorney General files an affidavit under oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the undisclosed participation of such official in the activities of such religious or political group or organization as may be necessary to determine whether the undisclosed participation of such official in the activities of such religious or political group or organization was lawfully authorized and conducted.
`(2) In making a determination under paragraph (1), the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the undisclosed participation of an official of the Agency in the activities of a religious or political group or organization or may require the Attorney General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate determination of the legality of the undisclosed participation of the official in the activities of the religious or political group or organization.
`(g)(1) If the United States district court determines pursuant to subsection (f) that the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization was not lawfully authorized or carried out, the court may, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the undisclosed participation of the official in the activities of the religious or political group or organization or otherwise grant the motion of the aggrieved person.
`(2) If the court determines that the undisclosed participation of an official of the Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization was lawfully authorized or carried out, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
`(h) Orders granting motions or requests under subsection (g), decisions under this section that the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization was not lawfully authorized or carried out, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to the undisclosed participation of the official in the activities of the religious or political group or organization shall be final orders and binding upon all
courts of the United States and the several States except a United States Court of Appeals or the Supreme Court.
`CONGRESSIONAL OVERSIGHT
`SEC. 606. (a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all undisclosed participations of officials of the Homeland Intelligence Agency, and agents acting on behalf of the Agency, in the activities of religious or political groups or organizations pursuant to this title.
`(b) On a semiannual basis, the Attorney General shall also provide to the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period--
`(1) the total number of applications made for orders approving the undisclosed participation of officials of the Homeland Intelligence Agency, or agents acting on behalf of the Agency, in the activities of religious or political groups or organizations under this title; and
`(2) the total number of such orders either granted, modified, or denied.
`(c) The semiannual reports under subsection (b) are in addition to the annual reports required under section 107(3).'.
(b) CLERICAL AMENDMENT- The table of contents for that Act is amended by striking the items relating to title VI and inserting the following new items:
`TITLE VI--PARTICIPATION IN RELIGIOUS AND POLITICAL GROUPS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM PURPOSES
`601. Definitions.
`602. Undisclosed participation in religious or political groups for foreign intelligence and international terrorism purposes.
`603. Authorization during emergencies.
`604. Authorization during time of war.
`605. Use of information.
`606. Congressional oversight.'.
Subtitle C--Effective Date SEC. 321. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect on the date of the enactment of this Act.
TITLE IV--EFFECTIVE DATE SEC. 401. EFFECTIVE DATE.
(a) IN GENERAL- Except as provided in subsection (b) and sections 116(c) and 321, this Act, and the amendments made by this Act, shall take effect 180 days after the date of the enactment of this Act.
(b) TRANSITION- The President shall ensure the transfer to the Homeland Intelligence Agency of the functions, personnel, and assets to be transferred to the Agency under subtitle C of title II not later than the effective date under subsection (a).
(c) CONTINUITY OF FUNCTIONS- In transferring functions, personnel, and assets under subsection (b), the President shall ensure the continuity of the discharge of such functions so as to preserve the national security and law enforcement capabilities of the United States Government during such transfer.
END