Congressional Record: September 7, 2004 (Senate)
Page S8864-S8915
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
Mr. McCAIN (for himself, Mr. Lieberman, Mr. Specter, Mr. Bayh,
Mr. Graham of South Carolina, Mr. Daschle, Mrs. Clinton, Mr.
Nelson of Florida, Mr. Corzine, and Ms. Mikulski):
S. 2774. A bill to implement the recommendations of the National
Commission on Terrorist Attacks Upon the United States, and for other
purposes; read the first time.
Mr. McCAIN. Mr. President, this week marks the third anniversary of
that terrible day in 2001 when terrorists attacked America's commercial
and governmental capitals. On that occasion, in the largest attack ever
on American soil, 2,973 innocent individuals lost their lives. The
victimization of America went beyond this astounding number, with
physical injuries to many, damage to our Nation's economy, and
psychological trauma among millions who witnessed these shocking
events.
While nothing we do can erase this pain, we can honor and pay tribute
to those who have suffered by ensuring that terrorists never again
attack our land. We have come a long way since 2001 in enhancing this
country's ability to prevent and respond to terrorist attacks, but, as
the 9/11 Commission said in its final report, we are not yet safe.
Increasing our safety against terrorist attack requires new strategies,
new ways of thinking, and new ways of organizing our government.
Today I am pleased to be joined by Senators Lieberman, Specter, Bayh,
Graham of South Carolina, Daschle, and Clinton in introducing
legislation designed to implement the 9/11 Commission recommendations,
which were issued just prior to the August recess. Governor Tom Kean
and Representative Lee Hamilton have endorsed this bill, and assured us
that it accurately reflects the Commission's intent.
With the introduction of this bill, the Senate now has before it
legislation that addresses each of the Commission's 41 recommendations,
which together are designed to build unity of effort across the U.S.
Government--all in an effort to prevent future terrorist attacks. The
provisions of this bill outline the shape and objectives of a global
counterterrorism strategy, and suggest a reconfiguration of our
national security and homeland security apparatus within the U.S.
Government. As anyone who reads the legislation will quickly see, it
also cuts across jurisdictional lines with respect to the Senate
committee prerogatives. There are portions of this bill that deal with
intelligence, foreign affairs, defense, border security and commerce,
transportation security, and more. In normal times, naysayers would
caution that this fact alone could paralyze this body. But these are
not normal times. International terrorism poses a real and present
danger to the United States, and it is our responsibility as elected
officials to take action on the Commission's recommendations.
I would like to highlight some of the major aspects of the bill, and
I know that the other sponsors also will provide details on the bill's
structure.
The largest section of this bill concerns the reorganization of our
intelligence community. This legislation establishes a National
Intelligence Authority to unify the efforts of the community, and this
new entity would be headed by a National Intelligence Director, NID.
The NID also would act as the principal intelligence advisor to the
President, taking over this function from the Director of Central
Intelligence. The NID would have direct budgetary authority and
significant personnel authority over all of the intelligence agencies,
except those that generate intelligence that falls under the purview of
one department alone, such as tactical military intelligence. The NID
would have influence over the budgets for these other entities that do
provide this very specific intelligence. Assisting the NID would be
four deputies, including a principal deputy, another that serves
currently as the CIA Director and would handle foreign intelligence, a
deputy that also serves as the Under Secretary of Defense for
Intelligence, and a fourth that handles domestic intelligence.
Also established in this bill is a National Counterterrorism Center
to oversee all of the U.S. Government counterterrorism operations,
including analysis, net assessments, and guidance for joint
counterterrorism operations. The center would be headed by a deputy-
level official who can adjudicate policy disagreements among the
agencies and, if need be, bump them up to the National Security Council
for a decision. In addition to the National Counterterrorism Center,
the bill authorizes the NID to establish ``National Intelligence
Centers'' that will address particular geographic or functional areas.
These centers will, like the NCTC, bring together the full range of
reporting and analysis on particular topics so that no one with a need
to know is cut out of the loop. There are also provisions designed to
ensure that increased centralization of the intelligence community does
not lead to a reduction in the range of analytical views available to
policymakers.
Finally in the intelligence title, the bill codifies the critical
reforms that Director Mueller has begun at the FBI, including his
efforts to improve the FBI's intelligence capabilities and develop a
personnel cadre that specializes in national security issues.
In its report, the 9/11 Commission found that the biggest impediment
to ``connecting the dots'' among diverse sources of homeland security
information is the widespread resistance to sharing. To address this
problem, the Commission recommended that the President create a new
``trusted information network'' modeled on a framework developed by a
Markle Foundation task force. This bill directs the President to create
an information network among all Federal departments and agencies with
responsibilities for homeland security, among State and local
authorities, and among relevant private sector entities. The
legislation describes key attributes that should be incorporated into
the network and sets forth an ambitious schedule for development and
implementation.
The Commission report stated that, ``Of all our recommendations,
strengthening congressional oversight may be among the most difficult
and important. So long as oversight is governed by current
congressional rules and resolutions, we believe the American people
will not get the security they want and need. The United States needs a
strong, stable, and capable congressional committee structure to give
America's national intelligence agencies oversight, support, and
leadership.''
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The Commission offered several options for how Congress should be
restructured to best provide for strong oversight over both
intelligence and homeland security. With respect to intelligence, it
recommended that Congress create either a joint committee modeled after
the Joint Atomic Energy Committee or House and Senate Committees with
combined authorizing and appropriating powers. With respect to homeland
security, it recommended that Congress create a single, principal point
of oversight and review, noting that DHS officials now appear before 88
different committees and subcommittees.
Late last month, the Senate leadership tasked a bipartisan working
group with examining how best to implement these recommendations and
asked it to report back to the leadership as soon as possible. In
recognition of this ongoing review, our bill does not propose the
committee structures we believe should be adopted, but instead includes
a Sense of the Congress that both houses of the 108th Congress adopt
all necessary rule changes so that the committee structures for the
109th Congress are revised in accordance with one of the options
recommended by the Commission.
It is incumbent on each member to put aside jurisdictional power
struggles and take action that is in the interest of securing our
homeland. We should strive to never again read a report that calls
Congressional oversight ``dysfunctional.'' We simply must heed the
Commissions call to action and fundamentally overhaul Congressional
oversight for intelligence and homeland security. As the Commission
stated, ``tinkering with the existing structure is not sufficient.''
As recommended by the Commission, we have included provisions to help
ensure that an incoming President-elect can start putting together his
national security team during a transition between administrations. Our
legislation would establish procedures for expediting security
clearances and Senate consideration of top national security
appointees, as well as any necessary clearances for presidential
transition team members. In addition, it directs the President to
consolidate security clearance responsibilities in a single Federal
agency, and to work with the new NID to set uniform standards for
granting security clearances so that they are accepted by all Federal
agencies.
One lesson from the Commissions report is that no one set of
strategies is sufficient to prevent future terrorist attacks. The
United States must use all of the instruments at our disposal to
counter the short and long-term threats posed by international
terrorism. For this reason, we have devoted an entire title of the bill
to the role of diplomacy, foreign aid, and the military. The
legislation would renew the U.S. commitment to Pakistan's future, in
light of the critical role that country plays in the war on terror, and
authorizes a substantial increase in aid to Afghanistan. It addresses
our relations with Saudi Arabia and suggests establishing an
international contact group to develop a multilateral counterterrorism
strategy. Other provisions in our bill will enhance America's ability
to fight the war of ideas by promoting universal values of democracy,
tolerance, and openness. It authorizes increased funding for U.S.
broadcasts to Muslim countries and would ramp up the scale of education
and exchange programs.
This bill notes that the proliferation of weapons of mass destruction
is a grave and gathering threat to this country, and suggests ways to
strengthen our nonproliferation programs. And, since portrayals of
mistreatment of captured terrorists hinders our ability to engage in
the wider struggle against them, this legislation both reiterates
standards for their humane treatment once captured, and calls on the
U.S. Government to develop a common approach to detainee treatment,
along with its coalition partners.
One significant way to prevent future terrorist attacks on American
soil is to stop terrorists from entering the country in the first
place. This bill contains a number of provisions that would enhance the
security of our borders, transportation systems and critical
infrastructure. For example, our legislation requires the Secretary of
Homeland Security to work with multiple government agencies to develop
a unified strategy to intercept terrorists, find terrorist
facilitators, and constrain terrorist mobility both domestically and
internationally. In addition, to efficiently screen persons entering
the United States, we must integrate the multiple terrorist screening
systems already in place. This bill would require the Secretary of
Homeland Security to develop a comprehensive screening system that
brings together an integrated network of screening points, and to work
to fully implement the entry and exit functions of the U.S. VISIT
system at all ports of entry as quickly as possible.
The Commission also pointed out what appears to be a gaping hole in
our border security. I am referring to the ability of people who claim
to be United States citizens to orally attest to their citizenship when
passing from Canada or Mexico into the United States. Numerous reports,
including a recent GAO study, point to our porous borders as potential
terrorist entryways into this country. Our legislation would require
everyone entering the U.S. to present a passport, at a minimum.
Of course, travel documents only work insofar as they are authentic
and can be authenticated by our officials. Our bill requires the
Secretary of Homeland Security to establish uniform Federal standards
for driver's licenses and birth certificates. It is long past time that
we take action to protect these documents from being used to commit
identity theft, terrorism, and other criminal acts.
Although there has been considerable progress in tightening
transportation security since September 11, the Commission made several
recommendations to further improve the system. For example, the
computer systems and protocols used to vet passengers before they board
a plane are not substantially different than the systems that failed to
prevent the 9/11 hijackers from boarding their flights. Therefore in
this legislation we require the Transportation Security Administration
to take over and improve the no-fly list process, and to improve the
screening of air passengers for explosives and the screening of air
cargo. In addition, we require DHS to set risk-based priorities for
defending various transportation assets, and then figure out a plan and
budget to get the job done.
Mr. President, I am in full agreement with the Commission that we
need to broadly address transportation security vulnerabilities. In
fact, the Committee on Commerce, Science, and Transportation has
already reported several legislative measures designed to improve the
security of other transportation modes. A maritime security bill was
signed into law in 2002, and we reported a subsequent maritime security
measure earlier this year. We also reported, and the Senate has passed,
a bus security bill, and our rail security legislation is pending on
the Senate Calendar. These measures must be enacted before we adjourn.
The Commission made a number of recommendations to further our
national preparedness and emergency response efforts. Its report states
that ``homeland security assistance should be based strictly on an
assessment of risks and vulnerabilities,'' and implores that ``Congress
should not use this money as a pork barrel.'' I heartily agree. In
following this recommendation, the legislation directs the Secretary of
Homeland Security to allocate assistance based on the threats, risks,
and vulnerabilities facing a community, along with its population and
other specific criteria. It also establishes an expert advisory panel
to develop benchmarks for assessing the homeland security needs and
capabilities of various communities, and rescinds the current formula
for homeland security grants.
The bill would also require certain broadcasters to vacate their
television channels in a crisis so that their airwaves are available to
first responders, and ensure that public safety organizations have
access to this spectrum no later than January 1, 2007. In addition, it
directs the Secretary of Homeland Security to work with other officials
in developing effective communications capabilities, including back-up
support. These steps are vital for closing the existing gaps in
interoperability of emergency communications systems.
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The Commissioners pointed out that the private sector controls 85
percent of the critical infrastructure in the Nation. Our bill directs
the Secretary of Homeland Security to establish a program to promote
private sector preparedness for terrorism and other emergencies. It
also directs the Secretary to report to Congress regularly on the
adequacy of the government's plans to protect our Nation's critical
infrastructure.
All of us who are concerned with threats to this Nation's security
also wish to ensure that our efforts to protect Americans do not
infringe on our civil liberties. After all, giving up the way of life
we have fought so hard to defend is not an acceptable price for greater
security. We must find a way to balance the two, and that is what this
bill proposes to do. It creates a Privacy and Civil Liberties Board, as
well as designated privacy and civil liberties officers within relevant
Federal agencies, to analyze actions the enhanced security measures
taken by our government and to ensure that civil liberties are
appropriately considered as these policies are developed. The Board,
which would reside within the Executive Office of the President, would
advise the President and Federal agencies on the privacy and civil
liberties implications of proposed and extant laws, as well as
authority to oversee Federal agencies to ensure that civil liberties
are being protected.
In addition, the legislation requires certain agency heads to
designate senior officers to serve as privacy and civil liberties
resources and watchdogs. Among these officers' responsibilities is
ensuring that their agency has a process in place to receive,
investigate, and respond to complaints from people who report privacy
or civil liberties violations.
Having described the bill we are introducing today, I'd like to
reiterate that it addresses each of the Commission's recommendations--
not more, not less. The sponsors all recognize that other legislative
proposals will be offered that address the security of our Nation in
the face of terrorist threats. In particular, I want to acknowledge the
efforts by Senator Collins and Senator Lieberman, the Chairman and
Ranking Member of the Senate Government Affairs Committee. That
Committee has a key leadership role in this area, and it is one that I
greatly respect. I know that they are working to report a bipartisan
reform proposal to reform the Intelligence community in the days ahead
and look forward to Senate debate on their proposal.
The sponsors of today's legislation remain open to all proposals, and
in fact, will have additional suggestions of our own. But the
introduction of our legislation today ensures that the commendable work
of the 9/11 Commission has a real opportunity to be debated, amended,
and adopted. Despite the short and crowded legislative calendar, we
urge the leadership to allow for debate on this and other proposals to
address the 9/11 Commission's recommendations. Even in an election
year, there is no higher priority than defending the American people
against threats to their security.
Mr. President, there has been much talk over recent months about the
importance of firm resolve in the face of threats to America's security
and its integrity. This legislation presents the Congress with an
opportunity this year to exhibit some resolve of our own. While we will
act in the shadow of the dark hours of September 11, we can show the
American people--and the world--that this government is committed to
facing down the worst threats that face us today. We can move forward--
yes, in an election year, yes, by actually finding agreement regardless
of party or committee assignment--to better protect and preserve the
security of this Nation. With the Senate's serious and thorough
consideration of the Commission's recommendations, we will honor those
who have been patient enough to afford us this opportunity to change.
I will make two additional comments. One, we need to reform the
institutions of government. This blueprint which outlines in
legislative form the recommendations of the September 11 Commission are
exactly that, a blueprint. I am confident that the Committee on
Governmental Affairs, under the outstanding leadership of the Senator
from Maine, Ms. Collins, working with Senator Lieberman, Senator
Specter, and other members of the committee, will produce a legislative
product of which everyone can be very proud. They have already begun a
series of hearings, and I have complete confidence in their
deliberations and their results.
Let me also say that one of the most difficult aspects of reform will
be reform of the institutions here and in the other body. There is no
doubt that either one of the two committee recommendations--that there
be a joint committee along the lines of the now defunct Joint Committee
on Atomic Energy or two separate permanent committees. Those committees
have to have budgetary authority. They must be able to appropriate. If
not, those committees will be debating societies and they will not have
the influence or power necessary or authority necessary to supervise
America's intelligence operations.
There are many other areas and many other ideas, including those of
the White House and the executive branch that need to be taken into
consideration. But I think this is a good start because if there is one
thing all of us can agree on it is that the recommendations of the 9/11
Commission have been embraced by virtually one and all, clearly, with
some reservations because it is not a perfect document. But overall,
the overwhelming majority of Americans expect that we should act on
this blueprint as a blueprint, but, second of all, that we should act--
that we should act.
There is no disagreement that our intelligence agencies and our
ability to obtain the vital information that is necessary to maintain
our national security and prevent another terrorist attack require us
to act in an expeditious fashion.
I understand the majority leader, in consultations with Senator
Daschle, has laid out a schedule for the Governmental Affairs Committee
to report out the last week in September. I think that is a very
worthwhile cause.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. LIEBERMAN. Mr. President, it is good to see you after the recess.
I thank my colleague and dear friend from Arizona, Senator McCain, for
his comments. I support him in substance and in spirit, which is to say
the urgency of Congress reacting to the report of the 9/11 Commission.
It was shortly after September 11 that Senator McCain and I
introduced legislation, with Senators Specter, Bayh, and others,
creating the National Commission on Terrorist Attacks Upon the United
States. We believed--and we know so many others agreed--that the Nation
needed to know as clearly and definitively as possible what had
happened, why it had happened, and what could be done to prevent such a
heinous attack from ever happening again.
In particular, most understandably and movingly, the families of the
9/11 victims rightly demanded that we learn all we could from the
tragedy that took their loved ones from them. In its 20-month
existence, the Commission, headed by Governor Thomas Kean and
Congressman Lee Hamilton, brought a laser focus to its task. The
Commission insisted on talking to the people and seeing the documents
that could help them understand and tell the full story. The result is
not only a definitive account of what happened on September 11, but
also a very thoughtful and compelling analysis of why it happened and
where we must go from here. And I take it to be a sign of not only
tribute to the Commission but of the public concern and interest in
what the Commission had to say, that the published volume of its
report, unlike any I have known of in a long time, remains a bestseller
throughout our country.
So today, Senator McCain, Senator Specter, Senator Bayh, and I join
together again to introduce the 9/11 Commission Report Implementation
Act of 2004. This legislation embraces and expresses in legislative
language all 41 of the recommendations in the Commission's final
report. Some of those, involving calls to restructure the intelligence
community, have already been the focus of extensive debate. Others,
such as the proposals to crack down on fraudulent identification
documents or to build new bridges to the Muslim world, have gotten less
discussion. But
[[Page S8867]]
they are all--each and every one of them--the product of the
outstanding and diligent work of the Commission and therefore deserve,
indeed command, our attention. We did not attempt to pick and choose
which of the 41 recommendations should be considered or legislated, or
to edit the Commission's policy conclusions. Indeed, there are one or
two areas where I might take a different approach to the concerns the
Commission has raised. But the Commission's recommendations should be
our starting point. And I believe in many cases, probably most, they
should be our ending point as well.
Introducing this legislation is the fulfillment of the promise we
made on the day the Commission issued its report: that we would express
its proposals in legislation. At that time we had no idea whether
anything would happen on the Commission report in August or September
or October. It was that night that Senators Frist and Daschle, our
bipartisan leadership, asked our Governmental Affairs Committee to
assume responsibility for considering the Commission's report and
making a set of proposals to the Senate no later than October 1.
This proposal we now introduce today will go to the Governmental
Affairs Committee, formally or informally, to inform the work it is
doing. The Governmental Affairs Committee now has the ball and will
report to Congress, and is on a schedule, I am pleased to say, to
report in advance of the deadline set by Senators Frist and Daschle, in
advance of October 1.
So what does the Commission and therefore this legislation call for?
The Commission's final report depicts a nation that was woefully
unprepared for the attacks of September 11. As the Commission
concludes: We need a new strategic vision to confront terrorism and a
new unified effort to carry out that strategy. Such unity can only be
achieved through a dramatic transformation of the status quo of our key
organizations and policies. That is the first order of business.
The Commission has described how, in the course of its investigation,
it repeatedly asked this question: Who was in charge prior to September
11, and who is in charge today? And it never received a satisfactory
answer. In fact, Governor Kean and Congressman Hamilton testified to us
before our Governmental Affairs Committee that they still cannot point
to some one individual in charge of the American intelligence effort,
its enormous human and technological assets, and, therefore, no one who
is personally accountable.
This is unacceptable. This legislation rightly creates a national
intelligence director to serve as head of the intelligence community
and principal adviser to the President for national intelligence
matters. The director will have strong budget, resource, and personnel
authority to shape priorities and break down the kinds of turf barriers
and stovepipes that stood in the way of our Government pulling together
in one place all the information we knew prior to September 11--
information that might well have prevented the attacks of September 11
from occurring.
These powers are far stronger than the current authorities exercised
by the Director of Central Intelligence. This will create the
capability and the accountability for someone to truly lead a unified
intelligence effort that will, in turn, greatly benefit the specific
fight against terrorism. This intelligence director will operate
through a new agency, to be called the National Intelligence Authority.
This is not a large new bureaucracy, but rather a command, control and
coordination center to achieve a unified intelligence effort. Although
the Commission originally called for this office to be created within
the White House, numerous experts counseled against this and the
Commissioners themselves now agree with that counsel. As a result, this
legislation creates the National Intelligence Authority as an
independent entity.
To help guarantee the government-wide antiterrorism cooperation that
did not exist pre-9/11, the legislation also creates a National
Counterterrorism Center, patterned on the joint commands of the
Department of Defense, drawing on expertise from throughout the
intelligence community. This center will serve as an analytic fusion
center on terrorism, and will also have responsibility to develop
operational plans for counterterrorism initiatives, and then to track
and monitor the operations' implementation. As such, the center will
build on the promise of the new multi-agency Terrorist Threat
Integration Center it would replace, but go beyond that model to create
an even more robust center that combines analytical and operational
capabilities.
As recommended by the Commission, the legislation also provides for
the creation by the National Intelligence Director of a number of
national intelligence centers focused on either specific topics like
weapons of mass destruction or specific geographic areas such as the
Middle East. These centers will bring together the most experienced
intelligence experts from across the intelligence community on a given
issue or region, and can be created or eliminated as needed, giving us
the flexibility to hone in on evolving priorities.
I am pleased these intelligence reform proposals have already been
the focus of numerous hearings, and these issues, as I have said, will
be under active consideration in the Governmental Affairs Committee in
the coming days.
The work on this legislation and the work that the Governmental
Affairs Committee is doing has proceeded distinctly, separately, but
collaboratively, and work on each has informed and, I believe,
strengthened the other.
I hope--I know the cosponsors of this legislation share that hope--
the package we are introducing today will be of real help to the
Governmental Affairs Committee as it frames the legislation it--we--
will report out to the Senate. I am confident the Senate can actually
begin to consider it well before the end of September.
The intense debate over the Commission's recommendations on
intelligence reform may have obscured the sweeping proposals the
Commission made in other areas--very strong and important proposals on
border and transportation security, on information sharing, on national
preparedness and congressional oversight.
Those proposals are included in this legislation as well. As a
result, we hope its introduction will jump-start debate and
consideration of those other vital reforms.
First, the Commission stressed we must do all we can to stop this
problem at the source--that is, to alter the conditions and dynamics
that give rise to terrorism in the first place. This legislation
includes the recommendations to strengthen our efforts to fight
international terrorism using such tools as diplomacy and foreign aid.
For instance, the legislation would increase U.S. foreign assistance to
Afghanistan and renew our commitment to Pakistan. It would enhance our
outreach to the Muslim world through U.S. broadcasts to the region,
educational exchange programs and a fund to boost educational
opportunities for Muslim youth.
This will be a long and difficult challenge, however, and we must
assume international terrorism will be with us for years to come and
prepare accordingly. In addition to the intelligence community reforms
I have already mentioned, the Commission calls for a range of new
programs and policies to combat terror.
Information sharing is one such critical step. Terrorism has made the
homeland part of the frontlines, but too many government officials
still believe information related to terrorist threats must be
carefully hoarded among a select group. Even colleagues within the
intelligence community are often not trusted with vital information,
much less officials outside the national security elites or in state
and local government. We must break down these information barriers and
engage a far broader community in the task of fighting terrorism. This
will would create an urgently needed information sharing network to
break down the information stovepipes that currently hamper our efforts
to stay one step ahead of the terrorists. The network, which is modeled
on a proposal by a task force of the Markle Foundation, would consist
of policies and information technology designed to facilitate and
promote sharing of terrorism information throughout the Federal
government, with state and local agencies and, as appropriate, the
private sector.
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The President will be required to submit an implementation plan to
Congress, including clear deadlines, assignment of responsibilities and
budget requirements. The proposal includes safeguards for privacy and
civil liberties.
The bill includes critical provisions to restrict terrorist travel--
the strategies and methods by which terrorists can, and did, come to
this country and position themselves for attacks. It would expand our
efforts to collect and utilize intelligence regarding terrorist travel
strategies and methods. The legislation also requires an integrated
screening system to ensure adequate screening at the nation's entry
points and to access transportation systems and critical
infrastructure. Complementary provisions in the bill require stronger
document requirements for all travelers, including citizens, to enter
the United States; acceleration of the automated biometric entry and
exit system known as U.S.-Visit; and improved security for
identification documents such as driver licenses and birth
certificates.
In the area of transportation security, the 9/11 Commission warned
against the government's heavy focus on passenger aviation to the near
exclusion of other modes of transportation. As its Final Report states,
``[o]ver 90 percent of the nation's $5.3 billion annual investment in
the [Transportation Security Administration] goes to aviation--to fight
the last war.'' Yet we are investing little in protecting the 14
million Americans who use transit systems each weekday, or safeguarding
our port systems that handle millions of shipping containers each year.
What is lacking, the Commission states, is ``a forward-looking
strategic plan systematically analyzing assets, risks, costs and
benefits.'' Following its recommendations, this legislation calls for a
comprehensive transportation security strategy to assess risks and set
priorities across all modes of transportation. It also seeks to close
ongoing gaps in aviation security by requiring the Transportation
Security Administration, rather than the airlines, to screen passenger
names against a consolidated terrorist watchlist. Additional aviation-
related measures include explosives screening for all passengers and
their carry-on bags, accelerated research and deployment of explosives
detection technologies, and measures to improve the security of cargo
traveling on passenger aircraft.
To help deter terrorist attacks and minimize the effect of any
attacks that do occur, we must improve our preparedness capabilities
and this legislation includes the Commission's recommended steps to do
so. The bill would require that homeland security preparedness grants
be distributed solely on the basis of criteria related to threat and
risk, eliminating the per state minimum in current law. It would
facilitate first responder communications by assigning certain radio
spectrum to public safety agencies for their use--an important step
toward solving the critical challenge of enabling first responders to
talk to one another during an emergency. Fighting terrorism is a
challenge for our entire national community and the Commission also
stressed the importance of preparedness within the private sector. This
legislation requires the Department of Homeland Security to promote a
voluntary preparedness standard for the private sector. It also presses
the Secretary of DHS to complete efforts to inventory the nation's
critical infrastructure, assess the threats and vulnerabilities
regarding these critical assets, and ensure there are measures to
protect them.
The Commission recognized that these new policies and programs will
raise important issues regarding privacy and civil liberties and called
for a new Privacy and Civil Liberties Oversight Board to ensure the
protection of these liberties as laws and policies are developed and
implemented to protect the nation from terrorism. This legislation
creates such a board, which will consist of five individuals appointed
by the President and confirmed by the Senate. In addition to advising
the President and federal agencies, the board will have strong
authority to conduct investigations and oversight of government actions
in the war on terror.
Finally, as we look to the changes the Commission has urged for
executive branch structures and programs, we cannot neglect the
Commission's call to reform our own structures and its indictment of
the status quo of congressional oversight of intelligence. We have to
clean and reshape not only the executive branch, but we have to clean
out and reshape our own house.
The Commission concluded that the Intelligence Committees of the
House and Senate are not organized currently to provide the necessary
leadership and oversight for intelligence and counterterrorism, and
that jurisdiction over the Department of Homeland Security is also too
broadly dispersed.
The legislation we are introducing today incorporates the mandate of
the Commission that each Chamber reform its rules to create a more
powerful Intelligence Committee and to consolidate oversight of the
Department of Homeland Security in a single committee in each Chamber.
Clearly, we have our work cut out for us. But nothing is more
important than to respond not just in a timely but in an urgent way to
the recommendations of the 9/11 Commission, and to do so, as the
Commission itself did, in a way that puts partisanship aside and our
national security first. The group of us introducing this legislation--
Senators McCain, Specter, Bayh, and I--stand shoulder to shoulder
across party lines to achieve a safer nation, to protect the American
people at home.
We are confident, as we go forward, that our colleagues on both sides
of the aisle will join us. There will be differences of opinion. It
would be shocking if there were not. Because the recommendations of the
Commission represent bold change and dramatically alter the status quo,
differences of opinion will naturally occur. They ought to occur. But I
am confident in the end they will not be partisan. In the end, we will
act and act quickly to implement much of the 9/11 Commission's report
so that we can say to the American people, particularly those who lost
loved ones on September 11, that we have taken action, done whatever we
possibly could to prevent a terrorist attack such as the one that
occurred on September 11, 2001, from ever happening again.
I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SPECTER. Mr. President, I am pleased to join my colleagues--
Senators McCain, Lieberman, and Bayh--in introducing this legislation
today which codifies the recommendations of the 9/11 Commission. The 9/
11 Commission has accomplished a very important mission in stimulating
the demand of the American people that action be taken to put all of
our intelligence agencies under one command authority. Had this been
done prior to 9/11, it is my judgment that 9/11 could have been
prevented.
There was the famous FBI report from Phoenix about the suspicious
character who wanted to learn to fly an airplane but wasn't interested
in learning to take off or land. There were the suspicious people in
Kuala Lumpur who turned out to be two of the terrorists known by the
CIA to be al-Qaida, but it was not told to the INS to keep them out of
the country. There was the information on Zacarias Moussaoui and the
work of the FBI field office in Minneapolis with the 13-page, single-
spaced report filed by Agent Coleen Rowley. Those factors and others
gave clear-cut clues to what was happening or about to happen. Had they
been pursued and investigated, the chances are good that 9/11 could
have been prevented.
The Commission, in focusing public attention on the absolute
necessity to have one commander, has accomplished something which had
not been accomplished up until the present time. I served on the
Intelligence Committee back in 1987, when we had the investigation of
the Iran Contra affair. At that time I introduced legislation for a
national intelligence director looking more to oversight at that time.
In 1996, when I was chairman of the Senate Intelligence Committee, I
introduced legislation which would have provided budget and hiring
authority under the CIA Director. Technically, the Director of the
Central Intelligence Agency has for some time--I believe going back to
1947--the overall direction of the intelligence community. But without
budget authority and without hiring and firing, it has been virtually
meaningless. But in 1996, I proposed that legislation.
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In 2002, we moved for the creation of an Office of Homeland Security.
Senator Lieberman and I introduced, 30 days after 9/11, legislation to
create the Department of Homeland Security. But there were various
objections to it, and the issue was not taken up seriously until mid-
2002. There was a real effort made in that legislation to have all of
the intelligence agencies under one command authority. The House of
Representatives passed a bill in October and left town, which they do
from time to time, leaving us with the option of either taking their
bill or not having a bill until the following spring.
At that time I had an amendment prepared to give the Secretary of
Homeland Security the authority to direct all of the other intelligence
agencies. As I have said on the record before, and it is worth
repeating briefly, I had a conversation that afternoon with Secretary
Ridge who urged me not to offer the amendment. I told him I thought it
had to be done. And when I declined to accept his recommendations, I
got a call from Vice President Cheney who urged the same course. When I
again declined, I later talked to the President that afternoon and
decided that I would await a later date to press for having that
authority to direct. But this has been a gaping hole in
the intelligence apparatus forever.
The Scowcroft Commission filed a report, still in confidential form
but widely reputed to create an individual in charge of the overall
intelligence agency. So, finally, we are coming to the point where we
are thinking very seriously about having one person in charge, a
national director of intelligence, thanks to the focus of the 9/11
Commission.
The Government Affairs Committee on which I serve, with the
leadership of Senator Collins, the chairman of the committee, and
Senator Lieberman, the ranking member, did something very unusual. We
returned in the first week of the recess on July 30 and held additional
hearings. In reviewing the work of the 9/11 Commission at that time, I
expressed for the record and would repeat now briefly the concerns I
have about the so-called double hatting. The 9/11 Commission has
recommended that the counterintelligence unit, for example, of the FBI
stay under the direction of the Director of the FBI but report also to
the national intelligence director so that the Director of the FBI
counterintelligence unit would be so-called double hatted.
Well, I do not think that can work under the very basic principle
that no one can serve two masters.
The same kind of concept is present on double hatting with the CIA
Director for the Department of Defense intelligence agencies. During
the course of the Governmental Affairs hearings, I asked Congressman
Lee Hamilton, cochairman of the 9/11 Commission, about the possibility
of creating the director with a 10-year term, modeled after the FBI
Director, to be able to have someone who would outlast the tenure of
Presidents. I think that is also a concept which ought to be
incorporated.
When the Governmental Affairs Committee was considering this issue
and legislation, I prepared a draft bill which I submitted to the
members of the Governmental Affairs Committee back on August 3 of this
year.
I think it would be useful to put it into the Record. I ask unanimous
consent that the text of that draft proposal be printed in the
Congressional Record following my statement.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. SPECTER. There are other proposals that have been made. The
chairman of the Senate Intelligence Committee, Senator Roberts, has
proposed legislation. So we have a great many ideas to choose from. As
I sat at the Governmental Affairs hearing in early August, it was my
hope that we would report out a bill early. I am pleased to say
Chairman Collins has listed a markup for the week of September 20th, so
that we should have a bill to present to the Senate early on. Then it
is my hope we will act on this matter and act expeditiously. We have to
get it right.
These are complicated matters. We have been studying them for a very
long time. We have been studying them, to my personal knowledge, going
back to 1987 in legislation I introduced, and again in 1996, and with
the very extensive consideration of the legislation on homeland
security in 2002. So I think we are ready to move ahead and make the
kinds of judgments that are tough decisions, but that is the pay grade
around here. I think the time has come to act.
It may not be a perfect bill. I have been in the Senate for 24 years
now and I have not seen a perfect bill. The risks of inaction, in my
view, are much greater than the risks of action. We know enough to make
a sound judgment as to how to put the entire intelligence community
under one umbrella.
I see my colleague Senator Bayh on the floor. I yield the floor.
Exhibit 1
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Reformation Act of 2004'' or ``9-11 Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
TITLE I--DEPARTMENT OF INTELLIGENCE
Subtitle A--Executive Department
Sec. 101. Executive department.
Sec. 102. Director of Intelligence.
Subtitle B--Office of the Director of Intelligence
Sec. 111. Office of the Director of Intelligence.
Sec. 112. Deputy Director of Intelligence.
Sec. 113. National Counterterrorism Center.
Sec. 114. Other national intelligence centers.
Sec. 115. Assistant Director of Intelligence for Research, Development,
and Procurement.
Sec. 116. Assistant Director of Intelligence for Civil Liberties and
Privacy.
Sec. 117. National Intelligence Council.
Sec. 118. General Counsel of the Department of Intelligence.
Sec. 119. Inspector General of the Department of Intelligence.
Sec. 120. Intelligence Comptroller.
Sec. 121. Chief Information Officer of the Department of Intelligence.
Sec. 122. Chief Financial Officer of the Department of Intelligence.
Sec. 123. Military status of Director of Intelligence and Deputy
Director of Intelligence.
Subtitle C--Mission, Responsibilities, and Authorities
Sec. 131. Provision of national intelligence.
Sec. 132. Responsibilities of Director of Intelligence.
Sec. 133. Authorities of Director of Intelligence.
TITLE II--ELEMENTS OF DEPARTMENT OF INTELLIGENCE
Subtitle A--Central Intelligence Agency
Sec. 201. Central Intelligence Agency.
Sec. 202. Mission; power and authorities.
Subtitle B--National Security Agency
Sec. 211. National Security Agency.
Sec. 212. Mission; power and authorities.
Subtitle C--National Geospatial-Intelligence Agency
Sec. 221. National Geospatial-Intelligence Agency.
Sec. 222. Mission; power and authorities.
Subtitle D--National Reconnaissance Office
Sec. 231. National Reconnaissance Office.
Sec. 232. Mission; power and authorities.
Subtitle E--Other Offices
Sec. 241. Intelligence, counterterrorism, and counterintelligence
offices.
Sec. 242. Office of Civil Liberties and Privacy.
TITLE III--OTHER INTELLIGENCE MATTERS
Subtitle A--Modifications and Improvements of Intelligence Authorities
Sec. 301. Sense of Congress on availability to public of certain
intelligence funding information.
Sec. 302. Coordination between Director of Intelligence and Secretary
of Defense in performance of specific functions
pertaining to National Foreign Intelligence Program.
Sec. 303. Role of Director of Intelligence in certain recommendations
to the President on appointments to intelligence
community.
Sec. 304. Collection tasking authority.
Sec. 305. Oversight of combat support agencies of the intelligence
community.
Sec. 306. Improvement of intelligence capabilities of the Federal
Bureau of Investigation.
Subtitle B--Restatement of Authorities on National Geospatial-
Intelligence Agency
Part I--Missions
Sec. 311. Missions.
Sec. 312. Support for foreign countries on imagery intelligence and
geospatial information.
Part II--Maps, Charts, and Geodetic Products
Sec. 321. Maps, charts, and books.
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Sec. 322. Pilot charts.
Sec. 323. Sale of maps, charts, and navigational publications.
Sec. 324. Exchange of mapping, charting, and geodetic data with foreign
countries and international organizations.
Sec. 325. Public availability of maps, charts, and geodetic data.
Sec. 326. Civil actions barred.
Sec. 327. Treatment of certain operational files.
Part III--Personnel Management
Sec. 331. Management rights.
Sec. 332. Financial assistance to certain employees in acquisition of
critical skills.
Part IV--Definitions
Sec. 341. Definitions.
TITLE IV--TRANSITION MATTERS
Subtitle A--Modification of Authorities on Elements of Intelligence
Community
Sec. 401. Conforming modification of authorities on Central
Intelligence Agency.
Sec. 402. Other conforming modifications of law relating to missions,
responsibilities, and authorities of Director of
Intelligence and Director of Central Intelligence Agency.
Sec. 403. Conforming modification of authorities on certain Central
Intelligence Agency officers.
Sec. 404. Conforming modification of authorities on National Security
Agency.
Sec. 405. Inclusion of Department of Intelligence in intelligence
community.
Sec. 406. Repeal of superseded authorities on National Geospatial-
Intelligence Agency.
Sec. 407. Other conforming amendment.
Subtitle B--Other Transition Matters Relating to Intelligence
Sec. 411. Preservation of intelligence capabilities.
Sec. 412. General references to intelligence officials.
Subtitle C--Transfer of Elements
Sec. 421. Transfer of Terrorist Threat Integration Center.
Sec. 422. Transfer of Community Management Staff.
Sec. 423. Transfer of certain elements of Federal Bureau of
Investigation.
Subtitle D--Transfer of Functions
Sec. 431. Transfer of functions.
Sec. 432. Transitional authorities.
Sec. 433. Savings provisions.
Subtitle E--Other Matters
Sec. 441. Treatment of Department of Intelligence as executive
department.
Sec. 442. Executive Schedule matters.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Timely and accurate information about the activities,
capabilities, plans, and intentions of foreign powers,
organizations, and persons, and their agents, is essential to
the national security of the United States. All reasonable
and lawful means must be used to ensure that the United
States receives the best intelligence available.
(2) The National Security Act of 1947 (50 U.S.C. 401 et
seq.) created a formal structure under an official who would
lead the Central Intelligence Agency and, in a separate role
as Director of Central Intelligence, the intelligence
community of the United States Government, and serve as the
principal adviser to the President on intelligence.
(3) Executive Order 12333 (December 4, 1981; 46 F.R. 59941)
states that ``the United States intelligence effort shall
provide the President and the National Security Council with
the necessary information on which to base decisions
concerning the conduct and development of foreign, defense
and economic policy and the protection of United States
national interests from foreign security threats. All
departments and agencies shall cooperate fully to fulfill
this goal''.
(4) The intelligence community of the United States is
supposed to function as a single corporate enterprise,
supporting those who manage the strategic interests of the
United States, whether political, economic, or military.
(5) The United States has suffered through an escalating
cycle of intelligence failures, especially since the end of
the Cold War, while witnessing the onset of new and emerging
global threats such as terrorism and proliferation of weapons
of mass destruction.
(6) The Director of Central Intelligence has no genuine
influence over elements of the intelligence community other
than the Central Intelligence Agency because, among other
things, the Director controls only a small portion of the
funds, personnel, and related assets of the intelligence
community. There is no structural mechanism to enforce the
mandate of Executive Order 12333 that all elements of the
intelligence community must fully cooperate with one another.
(7) As such, the existing intelligence structure is
dysfunctional, and not organized to effectively respond to
new and emerging threats. In fact, the intelligence apparatus
of the United States has for decades grown more cumbersome
and unaccountable and may now properly be characterized as a
Cold War model in an era of terrorism.
(8) The existing dysfunctional structure of the
intelligence community has severe consequences, as the
Director of Central Intelligence--or those ostensibly under
the Director's control--missed, ignored, or failed to connect
numerous warnings which could have averted the terrorist plot
of September 11, 2001. Similar errors may have caused the
Director to mislead the President on the nature of weapons of
mass destruction threats as the Administration weighed
military action against Iraq.
(9) Despite the best efforts of the Administration of
President George W. Bush, Congress, and the American people,
much of the dysfunction in the intelligence community--
including the lack of common terrorist watchlists and the
inability to detect and apprehend terrorists traveling in the
United States--has not been remedied in the three years since
the terrorist attacks of September 11, 2001.
(10) The final report of the National Commission on
Terrorist Attacks Upon the United States, while making
certain recommendations on the restructuring of the
intelligence community to meet new and emerging terrorist
threats, leaves much discretion to Congress in determining
the scope and nature of the restructuring of the intelligence
community.
(11) President George W. Bush on August 2, 2004,
specifically requested that Congress create a national
intelligence director in a ``free-standing entity similar to
a cabinet agency or an agency'' and ``who will have a great
deal of budget authority'' and will have ``the same
relationship to the White House and the President that the
Secretary of Defense would have, the Secretary of the
Department of Homeland Security, the Attorney General, [or]
the Secretary of the Treasury would have.'' The Executive
Orders issued on August 27, 2004, while properly focusing on
strengthened management of the intelligence community,
strengthening information sharing, and the creation of a
National Counterterrorism Center, also leaves a great deal of
discretion to Congress to codify these matters in law and
determine the scope and nature of the restructuring of the
intelligence community.
(12) To effectively counter the grave threat of
transnational terrorism, Secretary of Defense Donald Rumsfeld
recently conceded, as he must, that ``strong, entrenched
agencies must be willing to give up some of their turf and
authority in exchange for a stronger, faster, more efficient,
government-wide effort''.
(b) Purposes.--The purposes of this Act are as follows:
(1) To provide for fundamental reform of the intelligence
community of the United States Government involving a robust
Department of Intelligence and Director of Intelligence with
control over the budgets, personnel, and related assets of
the intelligence community.
(2) To compel the elements of the intelligence community to
work together to accomplish their common mission, much as the
Goldwater-Nichols Department of Defense Reorganization Act of
1986 (Public Law 99-433) fostered ``jointness'' among the
various Armed Forces, in conformance with the requirements of
law and Executive orders.
(3) To facilitate the provision to the President and the
National Security Council of the necessary information on
which to base decisions concerning the development and
conduct of foreign policy, defense policy, and economic
policy, and the protection of United States national
interests from security threats, including threats related to
transnational terrorism.
(4) To ensure that all means, consistent with United States
laws, Executive orders, and regulations and with full
consideration of the rights of United States persons, are
used to develop intelligence for the President and the
National Security Council.
(5) To create a structure for the intelligence community
that will better serve the President in his duty under the
Constitution of the United States to protect the security of
the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Intelligence.
(2) Director.--The term ``Director'' means the Director of
Intelligence.
(3) Intelligence.--The term ``intelligence'' includes
foreign intelligence and counterintelligence.
(4) Foreign intelligence.--The term ``foreign
intelligence'' means information relating to the
capabilities, intentions, or activities of foreign
governments or elements thereof, foreign organizations, or
foreign persons, or international terrorist activities.
(5) Counterintelligence.--The term ``counterintelligence''
means information gathered, and activities conducted, to
protect against espionage, other intelligence activities,
sabotage, or assassinations conducted by or on behalf of
foreign governments or elements thereof, foreign
organizations, or foreign persons, or international terrorist
activities.
(6) Intelligence community.--The term ``intelligence
community'' includes--
(A) the Department, which shall include the Office of the
Director of Intelligence and such other offices as the
Director may designate or are prescribed by law;
(B) the Central Intelligence Agency;
(C) the National Security Agency;
(D) the Defense Intelligence Agency;
(E) the National Geospatial-Intelligence Agency;
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(F) the National Reconnaissance Office;
(G) other offices within the Department of Defense for the
collection of specialized national intelligence through
reconnaissance programs;
(H) the intelligence elements of the Army, Navy, Air Force,
and Marine Corps, the Federal Bureau of Investigation, the
Department of the Treasury, the Department of Energy, and the
Coast Guard;
(I) the Bureau of Intelligence and Research of the
Department of State;
(J) the elements of the Department of Homeland Security
concerned with the analyses of foreign intelligence
information; and
(K) such other elements of any other department or agency
of the United States as may be designated by the President,
or designated jointly by the Director and the head of the
department or agency concerned, as an element of the
intelligence community.
(7) National intelligence; intelligence related to the
national security.--The terms ``national intelligence'' and
``intelligence related to the national security''--
(A) refer to intelligence which pertains to the interests
of more than one department or agency of the Government; and
(B) do not refer to counterintelligence or law enforcement
activities conducted by the Federal Bureau of Investigation
except to the extent provided for in procedures agreed to by
the Director and the Attorney General, or otherwise as
expressly provided for in this Act or otherwise provided by
law.
(8) National foreign intelligence program.--The term
``National Foreign Intelligence Program'' refers to all
programs, projects, and activities of the intelligence
community, as well as any other programs of the intelligence
community designated jointly by the Director and the head of
a department or agency of the United States Government or by
the President. Such term does not include programs, projects,
or activities of the military departments to acquire
intelligence solely for the planning and conduct of tactical
military operations by United States Armed Forces.
(9) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(10) Terrorism information.--The term ``terrorism
information'' means any information, whether collected,
produced, or distributed by intelligence, law enforcement,
military, homeland security, or other United States
Government activities, relating to--
(A) the existence, organization, capabilities, plans,
intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international terrorist
groups or individuals, or of domestic groups or individuals
involved in transnational terrorism;
(B) threats posed by such groups or individuals to the
United States, United States persons, or United States
interests, or to other nations or the persons or interests of
other nations;
(C) communications of or by such groups or individuals; or
(D) groups or individuals reasonably believed to be
assisting or associated with such groups or individuals.
TITLE I--DEPARTMENT OF INTELLIGENCE
Subtitle A--Executive Department
SEC. 101. EXECUTIVE DEPARTMENT.
(a) Executive Department.--The Department of Intelligence
is an executive department of the United States.
(b) Composition.--The Department is composed of the
following:
(1) The Office of the Director of Intelligence.
(2) The elements specified in title II.
(3) Such other offices, agencies, and activities as may be
established by law or by the President.
(c) Seal.--The Director shall have a seal for the
Department. The design of the seal is subject to approval by
the President. Judicial notice shall be taken of the seal.
SEC. 102. DIRECTOR OF INTELLIGENCE.
(a) Director of Intelligence.--There is a Director of
Intelligence, who is the head of the Department of
Intelligence, appointed by the President, by and with the
advice and consent of the Senate.
(b) Individuals Eligible for Nomination.--Any individual
nominated for appointment as Director shall have extensive
national security expertise.
(c) Term of Office.--(1) The term of service of the
Director shall be 10 years.
(2) Paragraph (1) shall apply with respect to any
individual appointed as Director after the date of the
enactment of this Act.
(3) If the individual serving as the Director of Central
Intelligence on the date of the enactment of this Act is the
first person appointed as Director of Intelligence under this
section, the date of appointment of such individual as
Director of Intelligence shall be treated as the date of the
commencement of the term of service of the individual as
Director of Intelligence for purposes of this subsection.
(d) Duties and Responsibilities.--The Director shall--
(1) serve as head of the intelligence community in
accordance with the provisions of this Act, the National
Security Act of 1947 (50 U.S.C. 401 et seq.), and other
applicable provisions of law;
(2) act as a principal adviser to the President for
intelligence related to the national security; and
(3) determine the annual budget for intelligence and
intelligence-related activities of the United States
Government in accordance with section 133.
Subtitle B--Office of the Director of Intelligence
SEC. 111. OFFICE OF THE DIRECTOR OF INTELLIGENCE.
(a) Office of Director of Intelligence.--There is within
the Department an Office of the Director of Intelligence.
(b) Function.--The function of the Office of the Director
of Intelligence is to assist the Director in carrying out the
duties and responsibilities of the Director under this Act,
the National Security Act of 1947 (50 U.S.C. 401 et seq.),
and other applicable provisions of law and to carry out such
other duties as may be prescribed by law.
(c) Composition.--The Office of the Director of
Intelligence is composed of the following:
(1) The Deputy Director of Intelligence.
(2) The National Counterterrorism Center.
(3) Other national intelligence centers established under
section 114.
(4) The Assistant Director of Intelligence for Research,
Development, and Procurement.
(5) The Assistant Director of Intelligence for Civil
Liberties and Privacy.
(6) The National Intelligence Council.
(7) The General Counsel of the Department of Intelligence.
(8) The Inspector General of the Department of
Intelligence.
(9) The Intelligence Comptroller.
(10) The Chief Information Officer of the Department of
Intelligence.
(11) The Chief Financial Officer of the Department of
Intelligence.
(12) Such other offices and officials as may be established
by law or the Director may establish or designate in the
Office.
(d) Staff.--(1) To assist the Director in fulfilling the
responsibilities of the Director as head of the intelligence
community, the Director shall employ and utilize in the
Office of the Director of Intelligence a professional staff
having an expertise in matters relating to such
responsibilities, and may establish permanent positions and
appropriate rates of pay with respect to that staff.
(2) The staff of the Office under paragraph (1) shall
include the elements of the Community Management Staff that
are transferred to the Office under title IV.
(3) To the maximum extent practicable, the Director shall
utilize existing personnel, resources, and expertise in
organizing the staff of the Office under paragraph (1).
SEC. 112. DEPUTY DIRECTOR OF INTELLIGENCE.
(a) Deputy Director of Intelligence.--There is a Deputy
Director of Intelligence who shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) Individuals Eligible for Nomination.--Any individual
nominated for appointment as Deputy Director of Intelligence
shall have extensive national security expertise.
(c) Duties and Responsibilities.--The Deputy Director of
Intelligence shall, subject to the direction of the Director,
be responsible for assisting the Director in carrying out the
responsibilities of the Director, including--
(1) assisting the Director in the development and execution
of budgets under section 133, evaluating programs, and
exercising authority under section 133(f) with respect to
reprogramming and reallocation of funds and transfers of
personnel;
(2) assisting the Director in the transition of elements of
the intelligence community to the Department under this Act;
(3) assisting the Director in the development,
implementation, and management of a personnel system for
intelligence community personnel;
(4) collecting data and preparing separate quarterly
reports on the obligation and expenditures of funds from the
elements of the intelligence community under the National
Foreign Intelligence Program;
(5) assisting the Director in the establishment of the
National Counterterrorism Center and the national
intelligence centers;
(6) assisting the Director in the management and
administration of the staff of the Office of the Director of
Intelligence;
(7) assisting the Director in performing management
functions across the intelligence community, including the
management of personnel and resources;
(8) assisting the Director in ensuring that the elements of
the intelligence community make better use of open source
intelligence analysis;
(9) assisting the Director in directing the efficient and
effective tasking of national intelligence collection using
technical means and human sources;
(10) assisting the Director with the establishment of
standards, requirements, and priorities for the analysis and
production of intelligence by all elements of the
intelligence community;
(11) assisting the Director in overseeing the collection,
analysis, production, and dissemination of intelligence by
all elements of the intelligence community;
(12) assisting the Director in monitoring the allocation of
resources for the collection, analysis, and production of
intelligence in order to identify any unnecessary duplication
in the collection, analysis and production of intelligence;
(13) assisting the Director in directing the competitive
analysis of analytical products having national importance;
[[Page S8872]]
(14) assisting the Director with the establishment of
priorities and requirements for daily tasking of collection,
analysis, and dissemination of information;
(15) assisting the Director in conducting daily tasking of
collection, analysis, and dissemination of information;
(16) assisting the Director in providing advisory guidance
on the tasking of collection, analysis, and dissemination of
information to elements of the departments and agencies of
the United States Government that collect intelligence and
are not within the National Foreign Intelligence Program;
(17) assisting the Director with the establishment of
procedures and mechanisms to provide for real-time automated
tasking across multiple intelligence disciplines, such as
signals intelligence, measurement and signature intelligence,
human intelligence, imagery intelligence, and electronic
intelligence;
(18) assisting the Director in assessing the performance of
the elements of the intelligence community with respect to
tasking requests and priorities; and
(19) making recommendations to the Director regarding the
assignment within the Department of officers or employees of
the Central Intelligence Agency, the National Security
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and other elements of the
Department to assist in the tasking of collection, analysis,
and dissemination of information to all elements of the
intelligence community under the National Foreign
Intelligence Program.
(d) Power To Act as Director of Intelligence.--The Deputy
Director of Intelligence shall act for, and exercise the
powers of, the Director during the Director's absence or
disability or during a vacancy in the position of Director of
Intelligence.
(e) Precedence in Office of Director of Intelligence.--The
Deputy Director of Intelligence takes precedence in the
Office of the Director of Intelligence immediately after the
Director.
SEC. 113. NATIONAL COUNTERTERRORISM CENTER.
(a) National Counterterrorism Center.--There is a National
Counterterrorism Center.
(b) Missions.--(1) The missions of the National
Counterterrorism Center shall be as follows:
(A) To serve as the primary organization within the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
Government pertaining to terrorism or counterterrorism (other
than purely domestic counterterrorism information) and, in
furtherance of such mission--
(i) to receive, retain, and disseminate information from
any department, agency, or other element of the Federal
Government, any State or local government, or any other
source to the extent consistent with applicable law; and
(ii) to respond to inquiries from any department, agency,
or other element of the Federal Government, or any State or
local government agency, that is discharging counterterrorism
responsibilities in order to assist such department, agency,
or element in discharging such responsibilities.
(B) To conduct strategic planning for operations for
counterterrorism activities that integrate all instruments of
National power, including diplomacy, finance, military force,
intelligence, homeland security, and law enforcement.
(C) Consistent with applicable law, to assign general
responsibilities for counterterrorism in support of strategic
plans under paragraph (2) to departments, agencies, and
elements of the United States Government having
counterterrorism responsibilities, and provide such
departments, agencies, and elements with access to
intelligence necessary to accomplish the responsibilities so
assigned, without undertaking the direction of such
operations.
(D) To serve as the central and shared information
repository within the United States Government on terrorism
information.
(E) To ensure that appropriate departments, agencies, and
elements of the United States Government have access to and
receive all-source intelligence support necessary to
executive their counterterrorism plans or perform
alternative, independent analysis.
(F) To unify the strategic intelligence and planning of
operations against transnational terrorist threats across the
foreign-domestic divide.
(G) To foster joint action among the department, agencies,
and elements of the United States Government involved in
counterterrorism.
(H) To oversee the counterterrorism operations of the
United States Government.
(I) To ensure that an accountable official has authority to
guide the Government-wide counterterrorism efforts of the
United States Government.
(2) A department, agency, or element of the United States
Government that objects to the assignment of general
operational authority to such department, agency, or element
under paragraph (1)(C) shall notify the National Security
Council and the Homeland Security Council under title IX of
the Homeland Security Act of 2002 (6 U.S.C. 491 et seq.) of
such objection.
(c) Administrator of National Counterterrorism Center.--(1)
There is an Administrator of the National Counterterrorism
Center, who shall be the head of the National
Counterterrorism Center, who shall be appointed from civilian
life by the President, by and with the advice and consent of
the Senate.
(2) Any individual nominated for appointment as
Administrator of the National Counterterrorism Center shall
have significant expertise in matters relating to the
national security of the United States and matters relating
to terrorism that threatens the national security of the
United States.
(d) Duties and Responsibilities of Administrator.--
Notwithstanding any other provision of law, at the policy
direction of the President and the National Security Council,
the Administrator of the National Counterterrorism Center
shall, through the Director, be responsible for the following
insofar as it relates to counterterrorism:
(1) Serving as the principal advisor to the President on
counterterrorism matters.
(2) Directing the efficient and effective tasking of
national intelligence collection using technical means and
human sources.
(3) Establishing standards and priorities relating to the
analysis and production of intelligence by the elements of
the intelligence community.
(4) Directing the tasking of analysis and production of
intelligence by the elements of the intelligence community.
(5) Directing competitive analysis of analytical products
having national importance.
(6) Identifying intelligence requirements.
(e) Authorities of Administrator.--In carrying out the
duties and responsibilities specified in subsection (d), the
Administrator of the National Counterterrorism Center shall--
(1) monitor the implementation of counterterrorism
operations and coordinate the updating of plans for such
operations as needed;
(2) oversee interagency task forces on counterterrorism
(including task forces of the Central Intelligence Agency,
the Federal Bureau of Investigation, and other departments,
agencies, and elements of the United States Government), and,
as the Administrator determines necessary, incorporate the
coordinating activities of such task forces into the Center;
(3) incorporate into the Center any interagency planning of
operations on counterterrorism that is being conducted by the
staff of the National Security Council as of the date of the
enactment of this Act;
(4) establish priorities and requirements for, and
coordinate the efficient and effective tasking of, national
intelligence collection on counterterrorism, whether inside
or outside the United States, using technical means and human
sources, including the establishment of mechanisms and
procedures to provide for automated tasking across multiple
intelligence disciplines in real time;
(5) develop assessments comparing terrorist capabilities
and intentions with United States defenses against such
threats (commonly referred to as ``net-assessments'');
(6) provide warnings of terrorist threats as directed by
the President;
(7) incorporate, as necessary, the perspectives and needs
of State and local counterterrorism officials in implementing
the mission of the Center; and
(8) access, as considered necessary by the Administrator
for the performance of the functions of the Center,
information to which the Administrator is granted access by
subsection (i).
(f) Deputy Administrators of National Counterterrorism
Center.--(1) There is in the National Counterterrorism Center
a Deputy Administrator of the National Counterterrorism
Center for Intelligence who shall be appointed by the
Administrator of the National Counterterrorism Center.
(2) There is in the National Counterterrorism Center a
Deputy Administrator of the National Counterterrorism Center
for Operations who shall be appointed by the Administrator of
the National Counterterrorism Center.
(3) The Deputy Administrators shall have the
responsibilities set forth in subsection (g).
(g) Duties and Responsibilities of Deputy Administrators.--
(1) The Deputy Administrator of the National Counterterrorism
Center for Intelligence shall have responsibilities for
matters as follows:
(A) Strategic analysis of terrorist threats.
(B) The pooling of all-source intelligence (whether
domestic or foreign) about transnational terrorist
organizations with worldwide reach.
(C) The development of assessment comparing terrorist
capabilities and intentions with United States defenses
against such threats (commonly referred to as ``net
assessments'').
(D) The provision of warnings on terrorist threats.
(E) The discharge of the tasking of national intelligence
under subsection (d) and (e).
(F) The duties of the Terrorist Threat Integration Center
(TTIC) transferred to the Department under title IV.
(2) The Deputy Administrator of the National
Counterterrorism Center for Operations shall have
responsibilities as follows:
(A) Joint planning for the assignment of responsibilities
for operations to lead agencies.
(B) The tracking of operations so assigned.
(C) The overall coordination of operations of the
intelligence community.
[[Page S8873]]
(h) Staff.--(1) To assist the Administrator of the National
Counterterrorism Center in fulfilling the responsibilities of
the Administrator under this section, the Administrator shall
employ and utilize in the Center a professional staff having
an expertise in matters relating to such responsibilities.
(2) The head of any element of the intelligence community
may, upon the request of the Director, assign or detail to
the Center any officer or employee of such element to assist
the Administrator in carrying out the responsibilities of the
Administrator under this section.
(i) Access to Terrorism Information.--The head of each
department, agency, or other element of the United States
Government that possesses or acquires terrorism information
shall--
(1) give prompt access to such information to the
Administrator of the National Counterterrorism Center, unless
otherwise expressly prohibited by law or otherwise directed
by the President;
(2) cooperate in, and facilitate the production of, reports
based on terrorism information with contents and formats that
permit dissemination of such information in a manner that
maximizes the utility of such information in protecting the
territory, people, and interests of the United States; and
(3) if such department, agency, or other element conducts
diplomatic, financial, military, homeland security,
intelligence, or law enforcement activities relating to
counterterrorism, keep the Administrator fully and currently
informed of such activities, unless expressly prohibited by
law or otherwise directed by the President.
SEC. 114. OTHER NATIONAL INTELLIGENCE CENTERS.
(a) National Intelligence Centers.--(1) The Director shall
establish within the Department one or more centers (to be
known as ``national intelligence centers'') to address
intelligence priorities established by the National Security
Council.
(2) Each national intelligence center shall be assigned an
area of intelligence responsibility, whether expressed in
terms of a geographic region (including the Middle East), in
terms of function (including counterterrorism, proliferation
of weapons of mass destruction, and international crime and
narcotics), or in other terms.
(b) Requirements Relating to Establishment of Centers.--(1)
In establishing a national intelligence center, the Director
shall assign lead responsibility for such center to an
element of the intelligence community selected by the
Director for that purpose.
(2) The Director shall determine the structure and size of
each national intelligence center.
(3) The Director shall notify the congressional
intelligence committees of the establishment of a national
intelligence center not later than 60 days before the date of
the establishment of the center.
(c) Mission of Centers.--(1) Each national intelligence
center shall provide joint all source intelligence analysis
and planning of intelligence operations in the area of
intelligence responsibility assigned the center by the
Director pursuant to intelligence priorities established by
the National Security Council.
(2) As part of its intelligence analysis mission, a
national intelligence center shall--
(A) undertake primary responsibility for strategic and
tactical intelligence analysis, fusing all-source
intelligence, whether foreign or domestic, on the area of
intelligence responsibility of the center;
(B) develop intelligence net assessments;
(C) provide threat warnings to the Director and to
appropriate departments, agencies, and elements of the United
States Government for further dissemination at the State and
local level; and
(D) direct foreign and domestic intelligence collection and
analysis to address threats and to support implementation of
operations.
(3) As part of its mission to plan intelligence operations,
a national intelligence center shall--
(A) develop, based on policy objectives and priorities
established by the National Security Council, plans for
operations for intelligence collection for its area of
intelligence responsibility;
(B) assign responsibilities for operations for intelligence
collection for its area of intelligence responsibility to the
elements of the intelligence community, which operations
shall be directed and conducted by the elements of the
intelligence community concerned; and
(C) oversee implementation of such plans and operations,
and update such plans, as the administrator of the center
considers appropriate.
(d) Supervision.--The administrator of each national
intelligence center shall report directly to the Director in
order to ensure adequate sharing of intelligence analysis and
adequate planning of intelligence operations in the area of
intelligence responsibility assigned to such center.
(e) Staff of Centers.--(1) The head of an element of the
intelligence community shall, upon the request of the
administrator of a national intelligence center and with the
approval of the Director, assign or detail to the center any
personnel, including intelligence analysts and intelligence
operations specialists, of such element as the administrator
of the center considers appropriate to carry out the mission
of the center.
(2) Personnel assigned or detailed to a national
intelligence center under paragraph (1) shall be under the
authority, direction, and control of the administrator of the
center on all matters for which the center has been assigned
responsibility and for all matters related to the
accomplishment of the mission of the center.
(3) Performance evaluations of personnel assigned or
detailed to a national intelligence center under this
subsection shall be undertaken by the supervisors of such
personnel at the center.
(4) The supervisors of the staff of a national center may,
with the approval of the Director, reward the staff of the
center for meritorious performance by the provision of such
performance awards as the Director shall prescribe.
(5) The administrator of a national intelligence center may
recommend to the head of the element of the intelligence
community concerned the reassignment to such element of any
personnel of such element previously assigned or detailed to
the center.
(f) Modification or Termination of Centers.--(1) The
Director may terminate a national intelligence center if the
Director determines that the center is no longer required to
meet an intelligence priority established by the National
Security Council.
(2) The Director may from time to time recommend to the
National Security Council a modification of the mission or
responsibilities of a national intelligence center, and may,
with the approval of the National Security Council, modify
the mission or responsibilities of a national intelligence
center.
(g) Support.--The element of the intelligence community
assigned lead responsibility for a national intelligence
center under subsection (b)(1) shall be responsible for the
provision of administrative support for the center, including
the provision of funds to the center necessary for the
administration of the center, until such time as the center
is included in the National Foreign Intelligence Program
Budget.
SEC. 115. ASSISTANT DIRECTOR OF INTELLIGENCE FOR RESEARCH,
DEVELOPMENT, AND PROCUREMENT.
(a) Assistant Director of Intelligence for Research,
Development, and Procurement.--There is an Assistant Director
of Intelligence for Research, Development, and Procurement
who shall be appointed by the Director.
(b) Direction.--The Assistant Director of Intelligence for
Research, Development, and Procurement shall report to the
Director regarding the activities of the Assistant Director.
(c) Principal Responsibilities.--The Assistant Director of
Intelligence for Research, Development, and Procurement
shall--
(1) manage and oversee the research and development
activities of the intelligence community with respect to the
intelligence and intelligence-related activities of the
United States Government;
(2) ensure that research and development projects are
consistent with national intelligence requirements;
(3) establish priorities among such projects in order to
address deficiencies in the collection, analysis, and
dissemination of national intelligence;
(4) account for funding constraints in program development
and acquisition;
(5) address system requirements from collection to final
dissemination (also known as ``end-to-end architecture'');
and
(6) in consultation with the Director, the Chief
Information Officer of the Department of Intelligence, and
the Intelligence Comptroller, ensure that tactical military
intelligence systems, military systems, and national
intelligence systems are sufficiently interoperable.
(e) Responsibility for Performance of Specific Function.--
In carrying out responsibilities under this section, the
Assistant Director of Intelligence for Research, Development,
and Procurement shall ensure through the National
Reconnaissance Office the continued operation of an effective
unified organization for the research, development, and
acquisition of overhead reconnaissance systems necessary to
satisfy--
(1) the requirements of all elements of the intelligence
community; and
(2) the needs of the Department of Defense, including the
Chairman of the Joint Chiefs of Staff and the commanders of
the unified and specified commands.
SEC. 116. ASSISTANT DIRECTOR OF INTELLIGENCE FOR CIVIL
LIBERTIES AND PRIVACY.
(a) Assistant Director of Intelligence for Civil Liberties
and Privacy.--There is an Assistant Director of Intelligence
for Civil Liberties and Privacy who shall be appointed by the
Director.
(b) Direction.--The Assistant Director of Intelligence for
Civil Liberties and Privacy shall report to the Director
regarding the activities of the Assistant Director.
(c) Duties and Responsibilities.--The Assistant Director of
Intelligence for Civil Liberties and Privacy shall--
(1) serve as the head of the Office of Civil Liberties and
Privacy under section 242; and
(2) in that capacity, have the duties and responsibilities
specified in that section.
SEC. 117. NATIONAL INTELLIGENCE COUNCIL.
(a) National Intelligence Council.--There is a National
Intelligence Council.
(b) Composition.--(1) The National Intelligence Council
shall be composed of substantive experts on matters addressed
by the Council who shall be appointed by, report to, and
serve at the pleasure of the Director.
(2) The Director shall prescribe appropriate security
requirements for service on the
[[Page S8874]]
Council to ensure the protection of intelligence sources and
methods.
(c) Duties and Responsibilities.--(1) The National
Intelligence Council shall--
(A) produce national intelligence estimates for the United
States Government, including alternative views held by
elements of the intelligence community;
(B) evaluate intelligence community-wide collection,
analysis, and production of intelligence and the requirements
and resources of the collection, analysis, and production of
such intelligence; and
(C) otherwise assist the Director in carrying out the
responsibilities described in section 131.
(2)(A) National intelligence estimates produced under
paragraph (1)(A) shall--
(i) separately state, and distinguish between, the
intelligence underlying the estimate and the assumptions and
judgment of analysts with respect to that intelligence and
estimate;
(ii) describe the quality and reliability of the
intelligence underlying the estimates; and
(iii) present and explain alternative conclusions with
respect to the intelligence and estimates.
(B) Before publication and distribution of a national
intelligence estimate, the estimate shall be certified by
both the Director and the Chairman of the Council as approved
for publication and distribution.
(d) Access to Intelligence.--To the extent approved by the
President and recommended by the Director, the National
Intelligence Council shall have access to all intelligence
related to the national security that is necessary for its
duties and responsibilities under this section.
(e) Contract Authority.--Subject to the direction and
control of the Director, the National Intelligence Council
may carry out its duties and responsibilities under this
section by contract, including contracts for substantive
experts necessary to assist the Council with particular
assessments under this section.
(f) Staff.--The Director shall make available to the
National Intelligence Council such staff as may be necessary
to permit the Council to carry out its duties and
responsibilities under this section.
(g) Availability to Policymakers.--The National
Intelligence Council shall be readily accessible to
policymaking officials of the United States.
(h) Assistance of Intelligence Community.--The heads of the
elements of the intelligence community shall, as appropriate,
furnish such support to the National Intelligence Council,
including the preparation of intelligence analyses, as may be
required by the Director.
SEC. 118. GENERAL COUNSEL OF THE DEPARTMENT OF INTELLIGENCE.
(a) General Counsel.--There is a General Counsel of the
Department of Intelligence who shall be appointed from
civilian life by the President, by and with the advice and
consent of the Senate.
(b) Prohibition on Dual Service as General Counsel of
Another Agency.--The individual serving in the position of
General Counsel of the Department of Intelligence may not,
while so serving, also serve as the General Counsel of any
other department, agency, or element of the United States
Government.
(c) Scope of Position.--The General Counsel of the
Department of Intelligence is the chief legal officer of the
Department.
(d) Functions.--The General Counsel of the Department of
Intelligence shall perform such functions as the Director may
prescribe.
SEC. 119. INSPECTOR GENERAL OF THE DEPARTMENT OF
INTELLIGENCE.
(a) Inspector General.--There is an Inspector General of
the Department of Intelligence who shall be appointed as
provided in section 3 of the Inspector General Act of 1978 (5
U.S.C. App. 3).
(b) Supervision and Control; Removal.--(1) The Inspector
General of the Department of Intelligence shall report to and
be under the general supervision of the Director.
(2) 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 the removal of any individual from the position
of Inspector General.
(c) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General of the Department of
Intelligence--
(1) to provide policy direction for, and to plan, conduct,
supervise, and coordinate independently, the inspections,
investigations, and audits relating to the programs and
operations of the Department and the intelligence community
to ensure they are conducted efficiently and in accordance
with applicable law and regulations;
(2) to keep the Director fully and currently informed
concerning violations of law and regulations, violations of
civil liberties and privacy, and fraud and other serious
problems, 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;
(4) to prepare semiannual reports as provided in subsection
(d); and
(5) to perform such other duties specified for inspectors
general in the Inspector General Act of 1978 as the Director
shall prescribe.
(d) Powers and Authorities.--(1)(A) The Inspector General
of the Department of Intelligence shall have access to any
employee or any employee of a contractor of the Department or
any other element of the intelligence community whose
testimony is needed for the performance of the duties and
responsibilities of the Inspector General.
(B) The Inspector General shall have direct access to all
records, reports, audits, reviews, documents, papers,
recommendations, or other materials which relate to the
programs and operations with respect to which the Inspector
General has responsibilities under this section.
(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient
rationale for denying the Inspector General access to any
materials under subparagraph (B).
(2) The Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity constituting a
violation of laws, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority, or a substantial
and specific danger to the public health and safety. Once
such complaint or information has been received from an
employee of the Department or any other element of the
intelligence community--
(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless
the Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of
Justice responsible for determining whether a prosecution
should be undertaken; and
(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee of the Agency or any other element of the
intelligence community in a position to take such actions,
unless the complaint was made or the information was
disclosed with the knowledge that it was false or with
willful disregard for its truth or falsity.
(3) The Inspector General shall have authority to
administer to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of the
Inspector General's duties, which oath, affirmation, or
affidavit when administered or taken by or before an employee
of the Office 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.
(4) The Inspector General shall have such additional powers
and authorities specified for inspectors general in the
Inspector General Act of 1978 as the Director shall
prescribe.
(e) Semiannual Reports.--(1) Not later than April 30 and
October 31 each year, the Inspector General of the Department
of Intelligence shall submit to the Director a report on the
activities of the Inspector General under this section during
the six-month period ending March 31 and September 30 of such
year, respectively.
(2) Each report shall include, for the period covered by
such report, the following:
(A) The matters specified for semiannual reports of
inspectors general in section 5 of the Inspector General Act
of 1978.
(B) An assessment of the effectiveness of all measures in
place in the Department for the protection of civil liberties
and privacy of United States persons.
(3) Not later than 30 days after receipt of a report under
paragraph (1), the Director shall transmit to the
congressional intelligence committees a complete, unabridged
copy of such report together with such comments on such
report as the Director considers appropriate.
(f) Cooperation With Other Inspectors General of
Intelligence Community.--Each inspector general of an element
of the intelligence community shall cooperate fully with the
Inspector General of the Department of Intelligence in the
performance of any duty or function by the Inspector General
of the Department of Intelligence under this section
regarding such element.
(g) Construction of Duties Regarding Elements of
Intelligence Community.--The performance by the Inspector
General of the Department of Intelligence of any duty or
function regarding an element of the intelligence community
may not be construed to modify or affect the responsibility
of any other inspector general having responsibilities
regarding the element of the intelligence community.
SEC. 120. INTELLIGENCE COMPTROLLER.
(a) Intelligence Comptroller.--There is an Intelligence
Comptroller who shall be appointed by the Director.
(b) Supervision.--The Intelligence Comptroller shall report
directly to the Director.
(c) Duties.--The Intelligence Comptroller shall--
(1) assist the Secretary of Defense in the preparation and
execution of the budget of the Department of Defense insofar
as such budget relates to the tactical intelligence programs;
[[Page S8875]]
(2) assist the Deputy Director of Intelligence in the
preparation and execution of the budget of the intelligence
community under the National Foreign Intelligence Program;
(3) provide unfettered access to the Director to financial
information under the National Foreign Intelligence Program;
and
(4) provide information to the Deputy Director of
Intelligence necessary for reports under section 112(c)(4).
(d) Staff.--The staff of the Intelligence Comptroller shall
consist of personnel of the intelligence community who are
assigned to the staff by the Director, in consultation with
the heads of the other elements of the intelligence
community.
SEC. 121. CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF
INTELLIGENCE.
(a) Chief Information Officer of Department of
Intelligence.--There is a Chief Information Officer of the
Department of Intelligence who shall be appointed by the
Director.
(b) Eligibility for Appointment.--Any individual appointed
as Chief Information Officer of the Department of
Intelligence shall have extensive experience in the
management, operation, and maintenance of complex information
networks, including the use of advanced information
technology applications and products to promote the efficient
and secure exchange of information across such networks.
(c) Duties and Responsibilities.--The Chief Information
Officer of the Department of Intelligence shall--
(1) develop an integrated information technology network
that provides for the efficient and secure exchange of
intelligence information among the elements of the
intelligence community and, as directed by the President,
other departments, agencies, and elements of the United
States Government and of State and local governments;
(2) develop an enterprise architecture for the intelligence
community and ensure that elements of the intelligence
community comply with such architecture;
(3) ensure that the elements of the intelligence community
have direct and continuous electronic access to all
information (including unevaluated intelligence) necessary
for appropriately cleared analysts to conduct comprehensive
all-source analysis and for appropriately cleared
policymakers to perform their duties;
(4) review and provide recommendations to the Director on
intelligence community budget requests for information
technology and national security systems;
(5) ensure the interoperability of information technology
and national security systems throughout the intelligence
community;
(6) promulgate and enforce standards on information
technology and national security systems that apply
throughout the intelligence community;
(7) provide for the elimination of duplicate information
technology and national security systems within and between
the elements of the intelligence community; and
(8) maintain a consolidated inventory of mission critical
and mission essential information systems for the
intelligence community, identify interfaces between such
systems and other information systems, and develop and
maintain contingency plans for responding to a disruption in
the operation of any of such systems.
SEC. 122. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF
INTELLIGENCE.
(a) Chief Financial Officer of Department of
Intelligence.--There is a Chief Financial Officer of the
Department of Intelligence who shall be appointed from
civilian life by the Director.
(b) Supervision.--The Chief Financial Officer of the
Department of Intelligence shall report directly to the
Director.
(c) Duties and Responsibilities.--The Chief Financial
Officer of the Department of Intelligence shall, in
consultation with the Intelligence Comptroller--
(1) assist the Director and the Deputy Director of
Intelligence in the preparation and execution of the budget
of the elements of the intelligence community under the
National Foreign Intelligence Program;
(2) assist the Secretary of Defense in the preparation and
execution of the budget of the Department of Defense insofar
as such budget relates to the elements of the intelligence
community within the Joint Military Intelligence Program and
the Tactical Intelligence and Related Activities Program; and
(3) provide unfettered access to the Director to financial
information under the National Foreign Intelligence Program.
(d) Staff.--The staff of the Chief Financial Officer of the
Department of Intelligence shall consist of personnel of the
elements of the intelligence community who are assigned to
the staff by the Director.
SEC. 123. MILITARY STATUS OF DIRECTOR OF INTELLIGENCE AND
DEPUTY DIRECTOR OF INTELLIGENCE.
(a) In General.--(1) Not more than one of the individuals
serving in the positions specified in subsection (b) may be a
commissioned officer of the Armed Forces in active status.
(2) It is the sense of Congress that at least one of the
individuals serving in a position specified in subsection (b)
should be a commissioned officer of the Armed Forces, whether
in active or retired status.
(b) Covered Positions.--The positions referred to in this
subsection are the following:
(1) The Director.
(2) The Deputy Director of Intelligence.
(c) Service of Commissioned Officers.--(1) A commissioned
officer of the Armed Forces, while serving in a position
specified in subsection (b)--
(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
(B) shall not exercise, by reason of the officer's status
as a commissioned officer, any supervision or control with
respect to any of the military or civilian personnel of the
Department of Defense, except as otherwise authorized by law;
and
(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of
such officer authorized for the military department of that
officer.
(2) Except as provided in subparagraph (A) or (B) of
paragraph (1), the appointment of an officer of the Armed
Forces to a position specified in subsection (b) shall not
affect the status, position, rank, or grade of such officer
in the Armed Forces, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of such
status, position, rank, or grade.
(3) A commissioned officer of the Armed Forces on active
duty who is appointed to a position specified in subsection
(b), while serving in such position and while remaining on
active duty, shall continue to receive military pay and
allowances and shall not receive the pay prescribed for such
position. Funds from which such pay and allowances are paid
shall be reimbursed from funds available to the Director.
Subtitle C--Mission, Responsibilities, and Authorities
SEC. 131. PROVISION OF NATIONAL INTELLIGENCE.
(a) Provision of National Intelligence.--The Director shall
be responsible for providing national intelligence--
(1) to the President;
(2) to the heads of other departments and agencies of the
executive branch;
(3) to the Chairman of the Joint Chiefs of Staff and senior
military commanders; and
(4) upon request, to the Senate and House of
Representatives and the committees thereof.
(b) Sense of Congress.--The national intelligence provided
under subsection (a) should be timely, objective, independent
of political considerations, and based upon all sources
available to the intelligence community.
SEC. 132. RESPONSIBILITIES OF DIRECTOR OF INTELLIGENCE.
(a) In General.--The Director shall, in consultation with
the heads of relevant entities and taking into consideration
the intelligence requirements established by the National
Security Council for purposes of national security and
foreign policy--
(1) direct and manage the tasking of collection, analysis,
and dissemination of national intelligence by elements of the
intelligence community, including the establishment of
requirements and priorities of such tasking;
(2) approve collection and analysis requirements, determine
collection and analysis priorities, and resolve conflicts in
collection and analysis priorities levied on national
collection and analysis assets, except as otherwise agreed
with the Secretary of Defense pursuant to the direction of
the President;
(3) promote and evaluate the utility of national
intelligence to consumers within the United States
Government;
(4) eliminate waste and unnecessary duplication within the
intelligence community;
(5) establish requirements and priorities for foreign
intelligence information to be collected under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), and provide assistance to the Attorney General to
ensure that information derived from electronic surveillance
or physical searches under that Act is disseminated so it may
be used efficiently and effectively for foreign intelligence
purposes, except that the Director shall have no authority to
direct, manage, or undertake electronic surveillance or
physical search operations pursuant to that Act unless
otherwise authorized by statute or Executive order;
(6) establish requirements and procedures for the
classification of information;
(7) establish requirements and procedures for the
dissemination of classified information by elements of the
intelligence community;
(8) establish intelligence reporting guidelines while
protecting intelligence sources and methods;
(9) oversee and ensure compliance by each element of the
intelligence community with the statutes and Executive orders
of the United States, including laws related to the
protection of civil liberties and privacy of United States
persons;
(10) protect intelligence sources and methods from
unauthorized disclosure as provided in subsection (b);
(11) establish and implement policies and procedures
governing access to, and use of, specified data base
information by officers and employees of the elements of the
intelligence community and, as directed by the President
(after recommendations by the Attorney General), law
enforcement personnel of the United States Government;
[[Page S8876]]
(12) develop, in consultation with the Secretary of
Defense, the Secretary of Homeland Security, and the heads of
other appropriate departments and agencies of the United
States Government, an integrated communications network that
provides interoperable communications capabilities among all
elements of the intelligence community and such other
entities and persons as the Director considers appropriate;
(13) develop and implement, in consultation with the heads
of the other elements of the intelligence community, policies
and programs within the intelligence community for the
rotation of personnel among the elements of the intelligence
community in a manner that--
(A) makes service in more than one element of the
intelligence community pursuant to such rotation a condition
of promotion to such positions within the intelligence
community as the Director shall specify;
(B) ensures the effective management of intelligence
community personnel who are specially training in
intelligence community-wide matters; and
(C) establishes standards for education and training that
will facilitate assignments to the national intelligence
centers under section 114;
(14) consolidate and manage a common personnel security
system for the Department;
(15) develop and implement, as necessary, a common
personnel system and common retirement and disability system
for the Department;
(16) ensure that the composition of the personnel of the
intelligence community is sufficiently diverse for purposes
of the collection and analysis of intelligence by recruiting
and training for service in the intelligence community women,
minorities, and individuals with diverse ethnic, cultural,
and linguistic backgrounds;
(17) appoint officers or employees of the Department of
Homeland Security, the Central Intelligence Agency, the
National Security Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance Office, and
other elements of the Department of Intelligence to serve as
tasking directors to assist in the tasking of collection,
analysis, and dissemination of information for all elements
of the intelligence community under the National Foreign
Intelligence Program;
(18) in accordance with the provisions of section 106 of
the National Security Act of 1947 (50 U.S.C. 403-6), make
recommendations to the President regarding the appointment of
certain heads of elements of the intelligence community;
(19) develop such objectives and guidance for the
intelligence community as, in the judgment of the Director,
are necessary to ensure the timely and effective collection,
processing, analysis, and dissemination of intelligence, of
whatever nature and from whatever source derived, concerning
current and potential threats to the security of the United
States and its interests, and to ensure that the National
Foreign Intelligence Program is structured adequately to
achieve such objectives;
(20) work with the elements of the intelligence community
to ensure that the intelligence collection activities of the
United States Government are integrated in--
(A) collecting against enduring and emerging threats to the
national security of the United States;
(B) maximizing the value of such intelligence collection to
the national security of the United States; and
(C) ensuring that all collected data is available, to the
maximum extent practicable, for integration, analysis, and
dissemination to those who can act on, add value to, or
otherwise apply it to mission needs;
(21) ensure that appropriate departments, agencies, and
elements of the United States Government have access to, and
receive, all-source intelligence support needed to perform
independent, alternative analysis;
(22) establish policies, procedures, and mechanisms that
translate intelligence objectives and priorities approved by
the President into specific guidance for the intelligence
community;
(23) receive access to all foreign intelligence,
counterintelligence, and national intelligence, including
intelligence derived from activities of any department,
agency, or element of the United States Government, and to
all other information that is related to the national
security or is otherwise required for the performance of the
duties of the Director, except in cases in which the access
of the Director to such information is expressly prohibited
by law, by the President, or by the Attorney General acting
at the direction of the President;
(24) consistent with section 133, review, and approve or
disapprove, any proposal to--
(A) reprogram funds within an appropriation for the
National Foreign Intelligence Program;
(B) transfer funds from an appropriation for the National
Foreign Intelligence Program to an appropriation that is not
for the National Foreign Intelligence Program within the
intelligence community; or
(C) transfer funds from an appropriation that is not for
the National Foreign Intelligence Program within the
intelligence community to an appropriation for the National
Foreign Intelligence Program;
(25) ensure that any intelligence and operational systems
and architectures of the departments, agencies, and elements
of the United States Government are consistent with national
intelligence requirements set by the Director and all
applicable information sharing and security guidelines and
information privacy requirements;
(26) in consultation with the Attorney General, set forth
common standards, through written requirements, procedures,
and guidelines, for the collection and sharing of information
collected abroad and in the United States by the elements of
the intelligence community, and with State and local
governments in consultation with the Secretary of Homeland
Security, while to the maximum extent practicable, protecting
the privacy and civil liberties of United States persons and
ensuring that relevant officers of the United States
Government are provided with clear, understandable,
consistent, effective, and lawful procedures and guidelines
for the collection, handling, distribution, and retention of
information;
(27) require, at the outset of the intelligence collection
and analysis process, the creation of records and reporting,
for both raw and processed information, in such a manner that
sources and methods are protected so that the information can
be distributed at lower classification levels, and by
creating unclassified versions for distribution whenever
possible;
(28) require information to be shared free of originator
controls, including controls requiring the consent of the
originating agency prior to the dissemination of the
information outside any other agency to which it has been
made available, and otherwise minimizing the applicability of
information compartmentalization systems to information while
holding personnel accountable for increased sharing of
intelligence related to the national security;
(29) direct, supervise, and control all aspects of national
intelligence, including the programs, projects, and
activities of the national intelligence centers; and
(30) perform such other functions as the President may
direct.
(b) Protection of Intelligence Sources and Methods.--(1) In
order to protect intelligence sources and methods from
unauthorized disclosure and, consistent with that protection,
to maximize the dissemination of intelligence, the Director
shall establish and implement guidelines for the following
purposes:
(A) The classification of information.
(B) Access to and dissemination of intelligence, both in
final form and in the form when initially gathered.
(C) The preparation of intelligence reports to ensure that,
to the maximum extent practicable, information contained in
such reports is also available in unclassified form.
(2) The Director may not delegate a duty or authority under
this subsection.
(c) Uniform Procedures for Sensitive Compartmented
Information.--The President, acting through the Director,
shall--
(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to any
officer or employee of any department, agency, or element of
the United States Government and to employees of contractors
of the departments, agencies, and elements of the United
States Government;
(2) ensure the consistent implementation of those standards
and procedures throughout the departments, agencies, and
elements of the United States Government; and
(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by such elements.
SEC. 133. AUTHORITIES OF DIRECTOR OF INTELLIGENCE.
(a) Access to Intelligence.--To the extent approved by the
President, the Director shall have access to all intelligence
related to the national security which is collected by any
department, agency, or other element of the United States
Government.
(b) Determination of Budgets for NFIP and Other
Intelligence Activities.--The Director shall determine, as
appropriate, the annual budget for intelligence and
intelligence-related activities of the United States under
section 102(d)(3) by--
(1) developing and presenting to the President an annual
budget for the National Foreign Intelligence Program,
including, in furtherance of such budget--
(A) the preparation, review, modification, and approval of
budgets of the elements of the intelligence community; and
(B) the preparation, review, modification, and approval of
personnel and resource allocations by the elements of the
intelligence community;
(2) participating in the development by the Secretary of
Defense of the annual budget for the Joint Military
Intelligence Program and the Tactical Intelligence and
Related Activities Program;
(3) having direct jurisdiction of amounts appropriated or
otherwise made available for the National Foreign
Intelligence Program as specified in subsection (e); and
(4) managing and overseeing the execution, and, if
necessary, the modification of the annual budget for the
National Foreign Intelligence Program, including directing
the reprogramming and reallocation of funds, and the transfer
of personnel, among and between elements of the intelligence
community in accordance with subsection (f).
(c) Budget Authorities.--(1) For purposes of subsection
(b)--
(A) the Director shall, acting through the Deputy Director
of Intelligence, direct, coordinate, and prepare the annual
budgets of
[[Page S8877]]
the elements of the intelligence community within the
National Foreign Intelligence Program, in consultation with
the heads of such elements;
(B) the Director shall provide guidance for the development
of the annual budgets for such other elements of the
intelligence community as are not within the National Foreign
Intelligence Program;
(C) the heads of the elements referred to in subparagraph
(B), shall coordinate closely with the Deputy Director of
Intelligence in the development of the budgets of those
elements, before the submission of their recommendations to
the Director for approval; and
(D) the budget of any element of the intelligence community
within the National Foreign Intelligence Program may not be
provided to the President for transmission to Congress unless
the Director has approved such budget.
(2)(A) In preparing and presenting an annual budget under
subsection (b)(1), the Director shall develop the annual
budget for the elements of the intelligence community within
the National Foreign Intelligence Program.
(B) If any portion of the budget for an element of the
intelligence community is prepared outside the Office of the
Director of Intelligence, the Director--
(i) shall approve such budget before submission to the
President; and
(ii) may require modifications of such budget to meet the
requirements and priorities of the Director before approving
such budget under clause (i).
(d) Management and Oversight of National Foreign
Intelligence Program.--(1) The Director shall manage and
oversee the execution by each element of the intelligence
community of any amounts appropriated or otherwise made
available to such element under the National Foreign
Intelligence Program.
(2) Consistent with subsections (e) and (f), the Director
may modify the resource and personnel allocations of any
element of the intelligence community.
(e) Jurisdiction of Funds Under NFIP.--Notwithstanding any
other provision of law and consistent with section 504 of the
National Security Act of 1947 (50 U.S.C. 414), any amounts
appropriated or otherwise made available for the National
Foreign Intelligence Program shall be considered to be
appropriated or otherwise made available to, and under the
direct jurisdiction, management, and oversight of, the
Director.
(f) Reprogramming and Reallocation of Funds and Transfer of
Personnel Under NFIP.--(1)(A) Consistent with section 504 of
the National Security Act of 1947, the Director of
Intelligence may, with the approval of the Director of the
Office of Management and Budget and in accordance with
procedures developed by the Director of Intelligence,
reprogram funds appropriated or otherwise made available for
a program within the National Foreign Intelligence Program to
another such program.
(B) Consistent with section 504 of the National Security
Act of 1947, no funds appropriated or otherwise made
available under the National Foreign Intelligence Program may
be reprogrammed by any element of the intelligence community
without the prior approval of the Director except in
accordance with procedures issued by the Director.
(2) Consistent with section 504 of the National Security
Act of 1947, the Director may reallocate funds appropriated
or otherwise made available for a program within the National
Foreign Intelligence Program for other purposes under such
program.
(3) Consistent with section 504 of the National Security
Act of 1947, the Director may, in accordance with procedures
developed by the Director, transfer personnel authorized for
an element of the intelligence community to another element
of the intelligence community for a period of up to a year.
(4) Consistent with section 504 of the National Security
Act of 1947, the Secretary of Defense shall consult with the
Director before reprogramming funds available under the Joint
Military Intelligence Program or the Tactical Intelligence
and Related Activities Program.
(5) The Director may not delegate a responsibility or
authority of the Director under this subsection.
(6) A reprogramming of funds or a transfer of funds or
personnel may be made under this subsection only if--
(A) the funds or personnel are being reprogrammed or
transferred, as the case may be, to an activity that is a
higher priority intelligence activity;
(B) the need for funds or personnel for such activity is
based on unforeseen requirements; and
(C) in the case of a reprogramming of funds, the
reprogramming of funds does not involve a reprogramming of
funds to the Reserve for Contingencies of the Central
Intelligence Agency.
(7) Funds reprogrammed or transferred under this subsection
shall remain available for the same period as the account or
subaccount to which reprogrammed or transferred, as the case
may be.
(8)(A) Any reprogramming of funds under this subsection
shall be carried out in accordance with existing procedures
applicable to reprogramming notifications for the appropriate
congressional committees.
(B) Any proposed reprogramming of funds for which notice is
given to the appropriate congressional committees shall be
accompanied by a report explaining the nature of the proposed
reprogramming and how it satisfies the requirements of this
subsection.
(C) The congressional intelligence committees shall be
promptly notified of any reprogramming of funds under this
subsection in any case in which the reprogramming of such
funds would not have otherwise required reprogramming
notification under procedures in effect as of October 24,
1992.
(9)(A) The Director shall promptly submit to the
congressional intelligence committees and, in the case of the
transfer of personnel to or from the Department of Defense,
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives,
a report on any transfer of personnel made pursuant to this
subsection.
(B) The Director shall include in any report under
subparagraph (A) an explanation of the nature of the transfer
concerned and how it satisfies the requirements of this
subsection.
(g) Delegation of Certain Administrative Authorities.--(1)
Notwithstanding any other provision of law, the Director may
delegate to the head of any other element of the intelligence
community any authority of the Director of the Central
Intelligence Agency with respect to the Central Intelligence
Agency under a provision of the Central Intelligence Agency
Act of 1949 as follows:
(A) Section 3 (50 U.S.C. 403c), relating to procurement.
(B) Section 4 (50 U.S.C. 403e), relating to travel
allowances and related expenses.
(C) Section 5 (50 U.S.C. 403f), relating to administration
of funds.
(D) Section 6 (50 U.S.C. 403g), relating to exemptions from
certain information disclosure requirements.
(E) Section 8 (50 U.S.C. 403j), relating to availability of
appropriations.
(F) Section 11 (50 U.S.C. 403k), relating to payment of
death gratuities.
(G) Section 12 (50 U.S.C. 403l), relating to acceptance of
gifts, devises, and bequests.
(H) Section 21 (50 U.S.C. 403u), relating to operation of a
central services program.
(2) Notwithstanding any other provision of law, the head of
an element of the intelligence community delegated an
authority under paragraph (1) with respect to such element
may exercise such authority with respect to such element to
the same extent that the Director of the Central Intelligence
Agency may exercise such authority with respect to the
Central Intelligence Agency.
(h) Termination of Employees of Department.--(1)
Notwithstanding any other provision of law, the Director may,
at the discretion of the Director, terminate the employment
of any officer or employee of the Department whenever the
Director considers the termination of employment of such
officer or employee necessary or advisable in the interests
of the United States.
(2) Any such termination of employment shall not affect the
right of the officer or employee terminated to seek or accept
employment in any other department or agency of the United
States Government if declared eligible for such employment by
the Office of Personnel Management.
(i) Coordination With Foreign Governments.--Under the
direction of the National Security Council and in a manner
consistent with section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927), the Director shall coordinate the
relationships between elements of the intelligence community
and the intelligence or security services of foreign
governments on all matters involving intelligence related to
the national security or involving intelligence acquired
through clandestine means.
(j) Standards and Qualifications for Performance of
Intelligence Activities.--The Director shall develop
standards and qualifications for persons engaged in the
performance of intelligence activities within the
intelligence community.
(k) Personal Services.--The Director may--
(1) procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in
accordance with section 3109 of title 5, United States Code;
and
(2) whenever necessary due to a need related to
intelligence functions of the Department, procure temporary
(not to exceed 1 year) or intermittent personal services,
including the services of experts or consultants (or
organizations thereof), without regard to the pay limitations
of such section 3109.
TITLE II--ELEMENTS OF DEPARTMENT OF INTELLIGENCE
Subtitle A--Central Intelligence Agency
SEC. 201. CENTRAL INTELLIGENCE AGENCY.
(a) Element of Department of Intelligence.--The Central
Intelligence Agency is an element of the Department.
(b) Head of Agency.--The Director of the Central
Intelligence Agency is the head of the Central Intelligence
Agency as provided for in the National Security Act of 1947
(50 U.S.C. 401 et seq.), the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403a et seq.), and other applicable
provisions of law.
(c) Supervision and Control.--(1) The Central Intelligence
Agency shall be under the supervision, direction, and control
of the Director of Intelligence.
(2) The Director of the Central Intelligence Agency shall
report directly to the Director of Intelligence.
SEC. 202. MISSION; POWER AND AUTHORITIES.
(a) Mission.--The Central Intelligence Agency shall have
the mission provided for the Agency under the National
Security Act
[[Page S8878]]
of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403a et seq.) and as otherwise
provided by law or directed by the President.
(b) Power and Authorities.--Except as otherwise provided by
this Act, the Director of the Central Intelligence Agency
shall have such powers and authorities as are provided the
Director in the National Security Act of 1947 and Central
Intelligence Agency Act of 1949 and as are otherwise provided
by law or directed by the President or the Director.
Subtitle B--National Security Agency
SEC. 211. NATIONAL SECURITY AGENCY.
(a) Element of Department of Intelligence.--The National
Security Agency is an element of the Department.
(b) Head of Agency.--The Director of the National Security
Agency is the head of the National Security Agency.
(c) Supervision and Control.--(1) The National Security
Agency shall be under the supervision, direction, and control
of the Director of Intelligence.
(2) The Director of the National Security Agency shall
report directly to the Director of Intelligence.
SEC. 212. MISSION; POWER AND AUTHORITIES.
(a) Mission.--The National Security Agency shall have the
mission provided for the Agency under the National Security
Agency Act of 1959 (50 U.S.C. 402 note) or as otherwise
provided by law or directed by the President.
(b) Power and Authorities.--The Director of the National
Security Agency shall have such powers and authorities as are
provided the Director in the National Security Act of 1959 or
as are otherwise provided by law or directed by the
President.
Subtitle C--National Geospatial-Intelligence Agency
SEC. 221. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Element of Department of Intelligence.--The National
Geospatial-Intelligence Agency is an element of the
Department.
(b) Head of Agency.--(1) The Director of the National
Geospatial-Intelligence Agency is the head of the National
Geospatial-Intelligence Agency.
(2) If an officer of the Armed Forces on active duty is
appointed to the position of Director of the National
Geospatial-Intelligence Agency, the position shall be treated
as having been designated by the President as a position of
importance and responsibility for purposes of section 601 of
title 10, United States Code, and shall carry the grade of
lieutenant general, or, in the case of an officer of the
Navy, vice admiral.
(c) Supervision and Control.--(1) The National Geospatial-
Intelligence Agency shall be under the supervision,
direction, and control of the Director of Intelligence.
(2) The Director of the National Geospatial-Intelligence
Agency shall report directly to the Director of Intelligence.
SEC. 222. MISSION; POWER AND AUTHORITIES.
(a) Mission.--The National Geospatial-Intelligence Agency
shall have the mission provided for the Agency under subtitle
B of title III or as otherwise provided by law or directed by
the President.
(b) Power and Authorities.--The Director of the National
Geospatial-Intelligence Agency shall have such powers and
authorities as are provided the Agency under subtitle B of
title III or as otherwise provided by law or directed by the
President.
(c) Availability and Continued Improvement of Imagery
Intelligence Support to All-Source Analysis and Production
Function.--The Director of Intelligence shall take all
necessary steps to ensure the full availability and continued
improvement of imagery intelligence support for all-source
analysis and production.
Subtitle D--National Reconnaissance Office
SEC. 231. NATIONAL RECONNAISSANCE OFFICE.
(a) Element of Department of Intelligence.--The National
Reconnaissance Office is an element of the Department.
(b) Head of Office.--The Director of the National
Reconnaissance Office is the head of the National
Reconnaissance Office.
(c) Supervision and Control.--(1) The National
Reconnaissance Office shall be under the supervision,
direction, and control of the Director of Intelligence.
(2) The Director of the National Reconnaissance Office
shall report directly to the Director of Intelligence.
SEC. 232. MISSION; POWER AND AUTHORITIES.
(a) Mission.--The National Reconnaissance Office shall have
the mission provided by law or as directed by the President.
(b) Power and Authorities.--The National Reconnaissance
Office shall have such powers and authorities as are provided
by law or as directed by the President.
Subtitle E--Other Offices
SEC. 241. INTELLIGENCE, COUNTERTERRORISM, AND
COUNTERINTELLIGENCE OFFICES.
(a) Elements of Department of Intelligence.--Each element
of the Federal Bureau of Investigation specified in
subsection (b) shall, after the date of the enactment of this
Act, be an element of the Department.
(b) Specified Elements.--The elements of the Federal Bureau
of Investigation specified in this subsection are as follows:
(1) The Office of Intelligence.
(2) The Counterterrorism Division personnel under the
National Foreign Intelligence Program.
(3) The Counterintelligence Division personnel under the
National Foreign Intelligence Program.
(c) Supervision and Control.--(1) Each element of the
Department under subsection (a) shall be under the
supervision, direction, and control of the Director of
Intelligence.
(2)(A) Each element of the Department under subsection (a)
shall remain at all times subject to applicable guidelines on
investigations of the Attorney General and the Department of
Justice in effect as of September 1, 2004, and any successor
guidelines to such guidelines, particularly the provisions of
such guidelines relating to investigations within the United
States and investigations of United States persons.
(B) A copy of any guidelines covered by subparagraph (A)
shall be made available to congressional intelligence
committees and the public before their implementation or
utilization by the elements of the Department under
subsection (a). In making guidelines available to the public
under this subparagraph, the Director of Intelligence may
redact any portions of such guidelines that are classified
for reasons of national security.
(3) The Attorney General shall review, and approve prior to
execution, the tasking of, or requests for, domestic
collection against United States persons, collection against
United States persons, domestic intelligence operations, and
assignment of operational responsibilities by the
Administrator of the National Counterterrorism Center.
(d) Mission.--Each element of the Department under
subsection (a) shall have the mission provided for such
element by law or as directed by the President.
(e) Power and Authorities.--Each element of the Department
under subsection (a) shall have such powers and authorities
as are provided such element by law or as directed by the
President.
(f) Support.--(1) The Director of the Federal Bureau of
Investigation shall, in coordination with the Director of
Intelligence, ensure that each element of the Department
under subsection (a) is provided all administrative resources
necessary to perform its intelligence and intelligence-
related functions.
(2) The Attorney General shall ensure through the Director
of Intelligence that the domestic intelligence operations of
the elements of the Department under subsection (a), and any
intelligence operations of such elements directed against
United States persons, comply with the Constitution and all
laws, regulations, Executive orders, and implementing
guidelines of the United States applicable to such
operations.
SEC. 242. OFFICE OF CIVIL LIBERTIES AND PRIVACY.
(a) Office of Civil Liberties and Privacy.--There is within
the Department an Office of Civil Liberties and Privacy.
(b) Head of Office.--The Assistant Director of Intelligence
for Civil Liberties and Privacy is the head of the Office of
Civil Liberties and Privacy.
(c) Supervision.--The Assistant Director of Intelligence
for Civil Liberties and Privacy shall report directly to the
Director.
(d) Duties Relating to Civil Liberties.--The Assistant
Director of Intelligence for Civil Liberties and Privacy
shall, with respect to matters of the Department relating to
civil liberties--
(1) assist the Director in ensuring that the protection of
civil rights and civil liberties is appropriately
incorporated in the policies and procedures developed for and
implemented by the Department;
(2) oversee compliance by the Department with requirements
under the Constitution and all laws, regulations, Executive
orders, and implementing guidelines relating to civil rights
and civil liberties;
(3) review, investigate, and assess complaints and other
information indicating possible abuses of civil rights or
civil liberties in the administration of the programs and
operations of the Department unless, in the determination of
the Inspector General of the Department of Intelligence, the
review, investigation, or assessment of a particular
complaint or information can better be conducted by the
Inspector General;
(4) issue guidance on civil liberties concerns with, or
civil liberties objections to, any policy or practice of the
Department; and
(5) perform such other duties as may be prescribed by the
Director or specified by law.
(e) Duties Relating to Privacy.--The Assistant Director of
Intelligence for Civil Liberties and Privacy shall, with
respect to matters of the Department relating to privacy--
(1) assure that the use of technologies sustain, and do not
erode, privacy protections relating to the use, collection,
and disclosure of personal information;
(2) assure that personal information contained in Privacy
Act systems of records is handled in full compliance with
fair information practices as set out in the Privacy Act of
1974;
(3) conduct a privacy impact assessment of proposed rules
of the Department or that of the Department on the privacy of
personal information, including the type of personal
information collected and the number of people affected; and
(4) conduct privacy impact assessments when appropriate or
as required by law.
[[Page S8879]]
TITLE III--OTHER INTELLIGENCE MATTERS
Subtitle A--Modifications and Improvements of Intelligence Authorities
SEC. 301. SENSE OF CONGRESS ON AVAILABILITY TO PUBLIC OF
CERTAIN INTELLIGENCE FUNDING INFORMATION.
(a) Sense of Congress.--It is the sense of Congress that
the President should, for each fiscal year after fiscal year
2005, make available to the public the information described
in subsection (b) unless the President certifies that public
disclosure of such information would cause damage to the
national security of the United States.
(b) Covered Information.--The information described in this
subsection is as follows:
(1) The aggregate amount of appropriations requested in the
budget of the President for the fiscal year concerned for the
intelligence and intelligence-related activities of the
United States Government.
(2) The aggregate amount of funds authorized to be
appropriated, and the aggregate amount of funds appropriated,
by Congress for the fiscal year concerned for the
intelligence and intelligence-related activities of the
United States Government.
SEC. 302. COORDINATION BETWEEN DIRECTOR OF INTELLIGENCE AND
SECRETARY OF DEFENSE IN PERFORMANCE OF SPECIFIC
FUNCTIONS PERTAINING TO NATIONAL FOREIGN
INTELLIGENCE PROGRAM.
Section 105(b) of the National Security Act of 1947 (50
U.S.C. 403-5(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Consistent with sections 103 and 104, the Secretary of
Defense shall'' and inserting ``Consistent with sections 132
and 133 of the Intelligence Reformation Act of 2004, the
Secretary of Defense shall, in coordination with the Director
of Intelligence''; and
(2) in paragraph (2)(D), by striking ``notwithstanding any
other provision of law,''.
SEC. 303. ROLE OF DIRECTOR OF INTELLIGENCE IN CERTAIN
RECOMMENDATIONS TO THE PRESIDENT ON
APPOINTMENTS TO INTELLIGENCE COMMUNITY.
The text of section 106 of the National Security Act of
1947 (50 U.S.C. 403-6) is amended to read as follows:
``(a) Recommendations of Director of Intelligence in
Certain Appointments.--(1) In the event of a vacancy in a
position referred to in paragraph (2), the Director of
Intelligence shall recommend to the President an individual
for appointment to the position.
``(2) Paragraph (1) applies to the following positions:
``(A) The Deputy Director of Intelligence.
``(B) The Director of the Central Intelligence Agency.
``(C) The Director of the National Security Agency.
``(D) The Director of the National Geospatial-Intelligence
Agency.
``(E) The Director of the National Reconnaissance Office.
``(F) The Administrator of the National Counterterrorism
Center.
``(b) Concurrence of Director of Intelligence in Certain
Appointments.--(1) In the event of a vacancy in a position
referred to in paragraph (2), the head of the department or
agency having jurisdiction over the position shall obtain the
concurrence of the Director of Intelligence before
recommending to the President an individual for appointment
to the position. If the Director does not concur in the
recommendation, the head of the department or agency having
jurisdiction over the position may make the recommendation to
the President without the Director's concurrence, but shall
include in the recommendation a statement that the Director
does not concur in the recommendation.
``(2) Paragraph (1) applies to the following positions:
``(A) The Under Secretary for Information Analysis and
Infrastructure Protection of the Department of Homeland
Security.
``(B) The Assistant Secretary of State for Intelligence and
Research.
``(C) The Director of the Defense Intelligence Agency.
``(D) The Assistant Secretary for Intelligence and Analysis
of the Department of the Treasury.
``(E) The Assistant Secretary for Terrorist Financing of
the Department of the Treasury.
``(F) The Director of the Office of Intelligence of the
Department of Energy.
``(G) The Director of the Office of Counterintelligence of
the Department of Energy.''.
SEC. 304. COLLECTION TASKING AUTHORITY.
Section 111 of the National Security Act of 1947 (50 U.S.C.
404f) is amended by striking ``(except as otherwise agreed by
the Director and the Secretary of Defense)''.
SEC. 305. OVERSIGHT OF COMBAT SUPPORT AGENCIES OF THE
INTELLIGENCE COMMUNITY.
(a) Oversight.--(1) Chapter 8 of title 10, United States
Code, is amended by inserting after section 193 the following
new section:
``Sec. 193a. Combat support agencies of the intelligence
community: oversight
``(a) Combat Readiness.--(1) Every two years (or sooner, if
approved by the Director of Intelligence), the Chairman of
the Joint Chiefs of Staff shall, in consultation with the
Secretary of Defense, submit to the Director of Intelligence
a report on the combat support agencies of the intelligence
community. Each report shall include--
``(A) a determination with respect to the responsiveness
and readiness of each such agency to support operating forces
in the event of a war or threat to national security; and
``(B) any recommendations that the Chairman considers
appropriate.
``(2) In preparing each report, the Chairman shall review
the plans of each combat support agency of the intelligence
community with respect to its support of operating forces in
the event of a war or threat to national security. After
consultation with the Secretaries of the military departments
and the commanders of the unified and specified combatant
commands, as appropriate, the Chairman may, with the approval
of the Secretary of Defense, provide the Director of
Intelligence any recommendations for modifications of such
plans that the Chairman considers appropriate.
``(b) Participation in Joint Training Exercises.--The
Chairman shall, with the cooperation of the Director of
Intelligence--
``(1) provide for the participation of the combat support
agencies of the intelligence community in joint training
exercises to the extent necessary to ensure that such
agencies are capable of performing their support missions
with respect to a war or threat to national security; and
``(2) assess the performance in joint training exercises of
each combat support agency of the intelligence community and,
in accordance with guidelines established by the Secretary of
Defense, take steps to provide the Director of Intelligence
recommendations for any change that the Chairman considers
appropriate to improve that performance.
``(c) Readiness Reporting System.--The Chairman shall
develop, in consultation with the director of each combat
support agency of the intelligence community, a uniform
system for reporting to the Secretary of Defense, the
commanders of the unified and specified combatant commands,
and the Secretaries of the military departments concerning
the readiness of each combat support agency of the
intelligence community to perform with respect to a war or
threat to national security.
``(d) Review of NSA, NGA, and NRO.--(1) Subsections (a),
(b), and (c) shall apply to the National Security Agency, the
National Geospatial-Intelligence Agency, and the National
Reconnaissance Office, but only with respect to combat
support functions that such agencies perform for the
Department of Defense.
``(2) The Secretary of Defense shall, in coordination with
the Director of Intelligence, establish policies and
procedures with respect to the application of subsections
(a), (b), and (c) to the National Security Agency, the
National Geospatial-Intelligence Agency, and the National
Reconnaissance Office.
``(e) Combat Support Capabilities of DIA, NSA, NGA, and
NRO.--The Director of Intelligence shall develop and
implement such policies and programs as the Director
determines necessary to correct such deficiencies as the
Chairman of the Joint Chiefs of Staff and other officials of
the Department of Defense may identify in the capabilities of
the Defense Intelligence Agency, the National Security
Agency, the National Geospatial-Intelligence Agency, and the
National Reconnaissance Office to accomplish assigned
missions in support of military combat operations.
``(f) Combat Support Agency of the Intelligence Community
Defined.--In this section, the term `combat support agency of
the intelligence community' means any of the following
agencies:
``(1) The National Security Agency.
``(2) The Defense Intelligence Agency.
``(3) The National Geospatial-Intelligence Agency.
``(4) The National Reconnaissance Office.''.
(2) The table of sections at the beginning of subchapter I
of chapter 8 of such title is amended by inserting after the
item relating to section 193 the following new item:
``193a. Combat support agencies of the intelligence community:
oversight.''.
(b) Conforming Amendment.--Section 193(f) of such title is
amended--
(1) by striking paragraphs (2) and (4); and
(2) by redesignating paragraphs (3) and (5) as paragraphs
(2) and (3), respectively.
SEC. 306. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE
FEDERAL BUREAU OF INVESTIGATION.
(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon the
United States in its final report stated that the Federal
Bureau of Investigation, under the current Director of the
Federal Bureau of Investigation, has made significant
progress in improving its intelligence capabilities.
(2) In the report, the members of the Commission also urged
that the Federal Bureau of Investigation fully
institutionalize the shift of the Bureau to a preventive
counterterrorism posture.
(b) National Security Workforce.--(1) The Director of the
Federal Bureau of Investigation shall continue efforts to
develop and maintain within the Federal Bureau of
Investigation a national security workforce.
(2) In a developing and maintaining a national security
workforce under paragraph (1), the Director of the Federal
Bureau of Investigation shall, subject to the direction and
control of the President, develop and maintain a specialized
and integrated national security workforce who are recruited,
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trained, rewarded in a manner which ensures the existence
within the Bureau of an institutional culture with
substantial expertise in, and commitment to, the intelligence
and national security missions of the Bureau.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both
criminal justice matters and national security matters.
(4) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent
practicable, be given the opportunity to undergo, during such
agent's early service with the Bureau, meaningful assignments
in criminal justice matters and in national security matters.
(5) The Director of the Federal Bureau of Investigation
shall carry out a program to enhance the capacity of the
Bureau to recruit and retain individuals with backgrounds in
intelligence, international relations, language, technology,
and other skills relevant to the intelligence and national
security missions of the Bureau.
(6) Commencing as soon as practicable after the date of the
enactment of this Act, each senior manager of the Bureau
shall be a certified intelligence officer.
(7) It is the sense of Congress that the successful
discharge of advanced training courses, and of one or more
assignments to another element of the intelligence community,
should be a precondition to advancement to higher level
national security assignments within the Bureau.
(c) Field Office Matters.--(1) The Director of the Federal
Bureau of Investigation shall ensure that each field office
of the Federal Bureau of Investigation has an official at the
deputy level or higher with responsibility for national
security matters.
(2) The Director of the Federal Bureau of Investigation
shall provide for such expansion of the secure facilities in
the field offices of the Bureau as is necessary to ensure the
discharge by the field offices of the intelligence and
national security missions of the Bureau.
(d) Reports.--(1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation shall submit to Congress a report on the
progress made as of the date of such report in carrying out
the requirements of this section.
(2) The Director of the Federal Bureau of Investigation
shall include in each semiannual program review of the Bureau
that is submitted to Congress a report on the progress made
by each field office of the Bureau during the period covered
by such review in addressing Bureau and national program
priorities.
(3) Not later than 180 days after the date of the enactment
of this Act and every six months thereafter, the Director of
the Federal Bureau of Investigation shall submit to Congress
a report on the progress of the Bureau in implementing
information-sharing principles.
Subtitle B--Restatement of Authorities on National Geospatial-
Intelligence Agency
PART I--MISSIONS
SEC. 311. MISSIONS.
(a) National Security Missions.--(1) The National
Geospatial-Intelligence Agency shall, in support of the
national security objectives of the United States, provide
geospatial intelligence consisting of the following:
(A) Imagery.
(B) Imagery intelligence.
(C) Geospatial information.
(2) Geospatial intelligence provided in carrying out
paragraph (1) shall be timely, relevant, and accurate.
(b) Navigation Information.--The National Geospatial-
Intelligence Agency shall improve means of navigating vessels
of the Navy and the merchant marine by providing, under the
authority of the Director of Intelligence, accurate and
inexpensive nautical charts, sailing directions, books on
navigation, and manuals of instructions for the use of all
vessels of the United States and of navigators generally.
(c) Maps, Charts, Etc.--The National Geospatial-
Intelligence Agency shall prepare and distribute maps,
charts, books, and geodetic products as authorized under part
II of this subtitle.
(d) National Missions.--The National Geospatial-
Intelligence Agency also has national missions as specified
in section 110(a) of the National Security Act of 1947 (50
U.S.C. 404e(a)).
(e) Systems.--The National Geospatial-Intelligence Agency
may, in furtherance of a mission of the Agency, design,
develop, deploy, operate, and maintain systems related to the
processing and dissemination of imagery intelligence and
geospatial information that may be transferred to, accepted
or used by, or used on behalf of--
(1) the Armed Forces, including any combatant command,
component of a combatant command, joint task force, or
tactical unit; or
(2) any other department or agency of the United States.
SEC. 312. SUPPORT FOR FOREIGN COUNTRIES ON IMAGERY
INTELLIGENCE AND GEOSPATIAL INFORMATION.
(a) Use of Appropriated Funds.--The Director of the
National Geospatial-Intelligence Agency may use appropriated
funds available to the National Geospatial-Intelligence
Agency to provide foreign countries with imagery intelligence
and geospatial information support.
(b) Use of Funds Other Than Appropriated Funds.--The
Director of the National Geospatial-Intelligence Agency may
use funds other than appropriated funds to provide foreign
countries with imagery intelligence and geospatial
information support, notwithstanding provisions of law
relating to the expenditure of funds of the United States,
except that--
(1) no such funds may be expended, in whole or in part, by
or for the benefit of the National Geospatial-Intelligence
Agency for a purpose for which Congress had previously denied
funds;
(2) proceeds from the sale of imagery intelligence or
geospatial information items may be used only to purchase
replacement items similar to the items that are sold; and
(3) the authority provided by this subsection may not be
used to acquire items or services for the principal benefit
of the United States.
(c) Accommodation Procurements.--The authority under this
section may be exercised to conduct accommodation
procurements on behalf of foreign countries.
PART II--MAPS, CHARTS, AND GEODETIC PRODUCTS
SEC. 321. MAPS, CHARTS, AND BOOKS.
The Director of Intelligence may--
(1) have the National Geospatial-Intelligence Agency
prepare maps, charts, and nautical books required in
navigation and have those materials published and furnished
to navigators; and
(2) buy the plates and copyrights of existing maps, charts,
books on navigation, and sailing directions and instructions.
SEC. 322. PILOT CHARTS.
(a) Notice on Preparation by Agency.--There shall be
conspicuously printed on pilot charts prepared in the
National Geospatial-Intelligence Agency the following:
``Prepared from data furnished by the National Geospatial-
Intelligence Agency of the Department of Intelligence and by
the Department of Commerce, and published at the National
Geospatial-Intelligence Agency under the authority of the
Director of Intelligence''.
(b) Information from Department of Commerce.--The Secretary
of Commerce shall furnish to the National Geospatial-
Intelligence Agency, as quickly as possible, all
meteorological information received by the Secretary of
Commerce that is necessary for, and of the character used in,
preparing pilot charts.
SEC. 323. SALE OF MAPS, CHARTS, AND NAVIGATIONAL
PUBLICATIONS.
(a) Prices.--All maps, charts, and other publications
offered for sale by the National Geospatial-Intelligence
Agency shall be sold at prices and under regulations that may
be prescribed by the Director Intelligence.
(b) Use of Proceeds To Pay Foreign Licensing Fees.--(1) The
Director of Intelligence may pay any NGA foreign data
acquisition fee out of the proceeds of the sale of maps,
charts, and other publications of the Agency, and those
proceeds are hereby made available for that purpose.
(2) In this subsection, the term ``NGA foreign data
acquisition fee'' means any licensing or other fee imposed by
a foreign country or international organization for the
acquisition or use of data or products by the National
Geospatial-Intelligence Agency.
SEC. 324. EXCHANGE OF MAPPING, CHARTING, AND GEODETIC DATA
WITH FOREIGN COUNTRIES AND INTERNATIONAL
ORGANIZATIONS.
The Director of Intelligence may authorize the National
Geospatial-Intelligence Agency to exchange or furnish
mapping, charting, and geodetic data, supplies and services
to a foreign country or international organization pursuant
to an agreement for the production or exchange of such data.
SEC. 325. PUBLIC AVAILABILITY OF MAPS, CHARTS, AND GEODETIC
DATA.
(a) Sale of Maps and Charts.--The National Geospatial-
Intelligence Agency shall offer for sale maps and charts at
scales of 1:500,000 and smaller, except those withheld in
accordance with subsection (b) or those specifically
authorized under criteria established by Executive order to
be kept secret in the interest of national defense or foreign
policy and in fact properly classified pursuant to such
Executive order.
(b) Exception.--(1) Notwithstanding any other provision of
law, the Director of Intelligence may withhold from public
disclosure any geodetic product in the possession of, or
under the control of, the Department of Intelligence--
(A) that was obtained or produced, or that contains
information that was provided, pursuant to an international
agreement that restricts disclosure of such product or
information to government officials of the agreeing parties
or that restricts use of such product or information to
Government purposes only;
(B) that contains information that the Director of
Intelligence has determined in writing would, if disclosed,
reveal sources and methods, or capabilities, used to obtain
source material for production of the geodetic product; or
(C) that contains information that the Director of the
National Geospatial-Intelligence Agency has determined in
writing would, if disclosed, jeopardize or interfere with
ongoing military or intelligence operations, reveal military
operational or contingency plans, or reveal, jeopardize, or
compromise military or intelligence capabilities.
(2) In this subsection, the term ``geodetic product'' means
imagery, imagery intelligence, or geospatial information.
[[Page S8881]]
(c) Regulations.--(1) Regulations to implement this section
(including any amendments to such regulations) shall be
published in the Federal Register for public comment for a
period of not less than 30 days before they take effect.
(2) Regulations under this section shall address the
conditions under which release of geodetic products
authorized under subsection (b) to be withheld from public
disclosure would be appropriate--
(A) in the case of allies of the United States; and
(B) in the case of qualified United States contractors
(including contractors that are small business concerns) who
need such products for use in the performance of contracts
with the United States.
SEC. 326. CIVIL ACTIONS BARRED.
(a) Claims Barred.--No civil action may be brought against
the United States on the basis of the content of a
navigational aid prepared or disseminated by the National
Geospatial-Intelligence Agency.
(b) Navigational Aids Covered.--Subsection (a) applies with
respect to a navigational aid in the form of a map, a chart,
or a publication and any other form or medium of product or
information in which the National Geospatial-Intelligence
Agency prepares or disseminates navigational aids.
SEC. 327. TREATMENT OF CERTAIN OPERATIONAL FILES.
(a) Authority.--The Director of Intelligence may withhold
from public disclosure operational files described in
subsection (b) to the same extent that operational files may
be withheld under section 701 of the National Security Act of
1947 (50 U.S.C. 431).
(b) Covered Operational Files.--The authority under
subsection (a) applies to operational files in the possession
of the National Geospatial-Intelligence Agency that--
(1) as of September 22, 1996, were maintained by the
National Photographic Interpretation Center; or
(2) concern the activities of the Agency that, as of such
date, were performed by the National Photographic
Interpretation Center.
(c) Operational Files Defined.--In this section, the term
``operational files'' has the meaning given that term in
section 701(b) of the National Security Act of 1947 (50
U.S.C. 431(b)).
PART III--PERSONNEL MANAGEMENT
SEC. 331. MANAGEMENT RIGHTS.
(a) Scope.--If there is no obligation under the provisions
of chapter 71 of title 5, United States Code, for the head of
an agency of the United States to consult or negotiate with a
labor organization on a particular matter by reason of that
matter being covered by a provision of law or a
Governmentwide regulation, the Director of the National
Geospatial-Intelligence Agency is not obligated to consult or
negotiate with a labor organization on that matter even if
that provision of law or regulation is inapplicable to the
National Geospatial-Intelligence Agency.
(b) Bargaining Units.--The Director of the National
Geospatial-Intelligence Agency shall accord exclusive
recognition to a labor organization under section 7111 of
title 5, United States Code, only for a bargaining unit that
was recognized as appropriate for the Defense Mapping Agency
on September 30, 1996.
(c) Termination of Bargaining Unit Coverage of Position
Modified To Affect National Security Directly.--(1) If the
Director of the National Geospatial-Intelligence Agency
determines that the responsibilities of a position within a
collective bargaining unit should be modified to include
intelligence, counterintelligence, investigative, or security
duties not previously assigned to that position and that the
performance of the newly assigned duties directly affects the
national security of the United States, then, upon such a
modification of the responsibilities of that position, the
position shall cease to be covered by the collective
bargaining unit and the employee in that position shall cease
to be entitled to representation by a labor organization
accorded exclusive recognition for that collective bargaining
unit.
(2) A determination described in paragraph (1) that is made
by the Director of the National Geospatial-Intelligence
Agency may not be reviewed by the Federal Labor Relations
Authority or any court of the United States.
SEC. 332. FINANCIAL ASSISTANCE TO CERTAIN EMPLOYEES IN
ACQUISITION OF CRITICAL SKILLS.
The Director of Intelligence may establish an undergraduate
training program with respect to civilian employees of the
National Geospatial-Intelligence Agency that is similar in
purpose, conditions, content, and administration to the
program established by the Secretary of Defense under section
16 of the National Security Agency Act of 1959 (50 U.S.C. 402
note) for civilian employees of the National Security Agency.
PART IV--DEFINITIONS
SEC. 341. DEFINITIONS.
In this subtitle:
(1) Imagery.--(A) The term ``imagery'' means, except as
provided in subparagraph (B), a likeness or presentation of
any natural or manmade feature or related object or activity
and the positional data acquired at the same time the
likeness or representation was acquired, including--
(i) products produced by space-based national intelligence
reconnaissance systems; and
(ii) likenesses or presentations produced by satellites,
airborne platforms, unmanned aerial vehicles, or other
similar means.
(B) Such term does not include handheld or clandestine
photography taken by or on behalf of human intelligence
collection organizations.
(2) Imagery intelligence.--The term ``imagery
intelligence'' means the technical, geographic, and
intelligence information derived through the interpretation
or analysis of imagery and collateral materials.
(3) Geospatial information.--The term ``geospatial
information'' means information that identifies the
geographic location and characteristics of natural or
constructed features and boundaries on the earth and
includes--
(A) statistical data and information derived from, among
other things, remote sensing, mapping, and surveying
technologies; and
(B) mapping, charting, geodetic data, and related products.
(4) Geospatial intelligence.--The term ``geospatial
intelligence'' means the exploitation and analysis of imagery
and geospatial information to describe, assess, and visually
depict physical features and geographically referenced
activities on the earth. Geospatial intelligence consists of
imagery, imagery intelligence, and geospatial information.
TITLE IV--TRANSITION MATTERS
Subtitle A--Modification of Authorities on Elements of Intelligence
Community
SEC. 401. CONFORMING MODIFICATION OF AUTHORITIES ON CENTRAL
INTELLIGENCE AGENCY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by striking sections
102 through 104 and inserting the following new sections:
``central intelligence agency
``Sec. 102. (a) In General.--There is a Central
Intelligence Agency.
``(b) Function.--The function of the Agency shall be to
assist the Director of the Central Intelligence Agency in
carrying out the responsibilities of the Director under
section 103.
``director of the central intelligence agency
``Sec. 103. (a) Director of Central Intelligence Agency.--
There is a Director of the Central Intelligence Agency who
shall be appointed by the President, by and with the advice
and consent of the Senate.
``(b) Head of Central Intelligence Agency.--The Director of
the Central Intelligence Agency shall be the head of the
Central Intelligence Agency.
``(c) Prohibition on Simultaneous Service as Director of
Intelligence.--The individual serving in the position of
Director of the Central Intelligence Agency shall not, while
so serving, also serve as the Director of Intelligence.
``(d) General Responsibilities.--As head of the Central
Intelligence Agency, the Director of the Central Intelligence
Agency shall--
``(1) provide capabilities for the collection of
intelligence through human sources and by other appropriate
means and provide for the analysis of such intelligence,
except that the Agency shall have no police, subpoena, or law
enforcement powers or internal security functions;
``(2) correlate, evaluate, and analyze intelligence related
to the national security and provide appropriate
dissemination of such intelligence;
``(3) perform such additional services as are of common
concern to the elements of the intelligence community, which
services the Director of Intelligence determines can be more
efficiently accomplished by the Agency;
``(4) notwithstanding any other provision of law, report
directly to the Director of Intelligence concerning all
functions and duties of the Agency; and
``(5) perform such other functions and duties concerning
intelligence related to the national security as the Director
of Intelligence shall prescribe.''.
(b) Clerical Amendment.--The table of contents for such Act
is amended by striking the items relating to sections 102
through 104 and inserting the following new items:
``Sec. 102. Central Intelligence Agency.
``Sec. 103. Director of the Central Intelligence Agency.''.
SEC. 402. OTHER CONFORMING MODIFICATIONS OF LAW RELATING TO
MISSIONS, RESPONSIBILITIES, AND AUTHORITIES OF
DIRECTOR OF INTELLIGENCE AND DIRECTOR OF
CENTRAL INTELLIGENCE AGENCY.
(a) National Security Act of 1947.--(1) The National
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by
striking ``Director of Central Intelligence'' and inserting
``Director of Intelligence'' each place it appears in the
following provisions:
(A) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).
(B) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(C) Section 3(6) (50 U.S.C. 401a(6)).
(D) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(E) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(F) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(G) Section 101(j) (50 U.S.C. 402(j)), both places it
appears.
(H) Section 105(a) (50 U.S.C. 403-5(a)).
(I) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(J) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
[[Page S8882]]
(K) Section 105(d) (50 U.S.C. 403-5(d)).
(L) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(M) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(N) Section 105B(b) (50 U.S.C. 403-5b(b)), both places it
appears.
(O) Section 110(b) (50 U.S.C. 404e(b)).
(P) Section 110(c) (50 U.S.C. 404e(c)).
(Q) Section 111 (50 U.S.C. 404f).
(R) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(S) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(T) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(U) Section 113(c) (50 U.S.C. 404h(c)).
(V) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(W) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(X) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(Y) Section 115(b) (50 U.S.C. 404j(b)).
(Z) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(AA) Section 116(a) (50 U.S.C. 404k(a)).
(BB) Section 116(b) (50 U.S.C. 404k(b)).
(CC) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(DD) Section 303(a) (50 U.S.C. 405(a)), both places it
appears.
(EE) Section 501(d) (50 U.S.C. 413(d)).
(FF) Section 502(a) (50 U.S.C. 413a(a)).
(GG) Section 502(c) (50 U.S.C. 413a(c)).
(HH) Section 503(b) (50 U.S.C. 413b(b)).
(II) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(JJ) Section 603(a) (50 U.S.C. 423(a)).
(KK) Section 702(a)(6)(B)(viii) (50 U.S.C.
432(a)(6)(B)(viii)).
(LL) Section 702(b) (50 U.S.C. 432(b)), both places it
appears.
(2) That Act is amended further amended by striking
``Director of Central Intelligence'' and inserting ``Director
of the Central Intelligence Agency'' each place it appears in
the following provisions:
(A) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
(B) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(C) Section 701(a) (50 U.S.C. 431(a)).
(D) Section 702(a) (50 U.S.C. 432(a)).
(3) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking ``or the Office of the Director of
Central Intelligence'' and inserting ``the Office of the
Director of Intelligence, or the Office of the Director of
the Central Intelligence Agency''.
(4)(A) The heading for section 114 of that Act (50 U.S.C.
404i) is amended to read as follows:
``additional annual reports from the director of intelligence''.
(B) The table of contents for that Act is further amended
by striking the item relating to section 114 and inserting
the following new item:
``Sec. 114. Additional annual reports from the Director of
Intelligence.''.
(b) Central Intelligence Agency Act of 1949.--(1) Section 1
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403a) is amended--
(A) by redesignating paragraphs (a) and (c) as paragraphs
(1) and (3), respectively; and
(B) by striking paragraph (b) and inserting the following
new paragraph (2):
``(2) `Director' means the Director of the Central
Intelligence Agency; and''.
(2) Section 6 of that Act (50 U.S.C. 403g) is amended--
(A) by striking ``Director of Central Intelligence'' and
inserting ``Director of Intelligence''; and
(B) by striking ``section 103(c)(6) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' and inserting
``section 103(b)(7) of the National Security Act of 1947''.
(3) Section 17(f) of that Act (50 U.S.C. 403q(f)) is
amended--
(A) by striking ``Director of Central Intelligence'' the
first place it appears and inserting ``Director of
Intelligence''; and
(B) by striking ``Director of Central Intelligence'' the
second place it appears and inserting ``Director of
Intelligence''.
(4) That Act is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of the Central
Intelligence Agency'':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it
appears.
(D) Section 21(h)(1) (50 U.S.C. 403u(h)(1)).
(E) Section 21(h)(2) (50 U.S.C. 403u(h)(2)).
(5) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(C) Section 20(c) (50 U.S.C. 403t(c)).
(c) Central Intelligence Agency Retirement Act.--(1)
Section 101 of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2001) is amended by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) Director.--The term `Director' means the Director of
the Central Intelligence Agency.''.
(2) Section 201(c) of that Act (50 U.S.C. 2011) is amended
by striking ``paragraph (6) of section 103(c) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director
of Central Intelligence'' and inserting ``section 103(b)(7)
of the National Security Act of 1947 that the Director of
Intelligence''.
(d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of
section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 2001 note) is amended to read
as follows:
``(1) the term `Director' means the Director of the Central
Intelligence Agency;''.
(e) Foreign Intelligence Surveillance Act of 1978.--(1) The
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``Director
of Intelligence''.
(f) Classified Information Procedures Act.--Section 9(a) of
the Classified Information Procedures Act (5 U.S.C. App.) is
amended by striking ``Director of Central Intelligence'' and
inserting ``Director of Intelligence''.
SEC. 403. CONFORMING MODIFICATION OF AUTHORITIES ON CERTAIN
CENTRAL INTELLIGENCE AGENCY OFFICERS.
(a) Inspector General Act of 1978.--Section 8H(a)(1)(C) of
the Inspector General Act of 1978 (5 U.S.C. App. 8H(a)(1)(C))
is amended by inserting before the period at the end the
following: ``or to the Inspector General of the Department of
Intelligence''.
(b) Other Officers.--(1) Section 528 of title 10, United
States Code, is amended--
(A) in subsection (a), by striking ``Associate Director of
Central Intelligence for Military Support'' and inserting
``Assistant Deputy Administrator of the National
Counterterrorism Center for Operations''; and
(B) in the heading, by striking ``ASSOCIATE DIRECTOR OF
CENTRAL INTELLIGENCE FOR MILITARY SUPPORT'' and inserting
``ASSISTANT DEPUTY ADMINISTRATOR OF THE NATIONAL
COUNTERTERRORISM CENTER FOR OPERATIONS''.
(2) The item relating to section 528 in the table of
sections at the beginning of chapter 32 of such title is
amended by striking ``Associate Director of Central
Intelligence for Military Support'' and inserting ``Assistant
Deputy Administration of the National Counterterrorism Center
for for Operations''.
SEC. 404. CONFORMING MODIFICATION OF AUTHORITIES ON NATIONAL
SECURITY AGENCY.
The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended--
(1) by inserting before section 5 the following new
sections:
``Sec. 2. (a) The National Security Agency is an element of
the Department of Intelligence.
``(b) The National Security Agency is an element of the
intelligence community under the National Security Act of
1947 (50 U.S.C. 401 et seq.).
``Sec. 3. (a) The Director of the National Security Agency
is the head of the National Security Agency.
``(b) The Director of the National Security Agency is
subject to the direction and control of the Director of
Intelligence.
``(c) The Director of the National Security Agency shall
report directly to the Director of Intelligence on matters
relating to the National Security Agency.'';
(2) by striking ``Secretary of Defense'' each place it
appears (other than the second place it appears in section
9(b), section 9(d), and section 10(c)(1)) and inserting
``Director of Intelligence''; and
(3) in section 9(d), by striking ``Secretary of Defense
shall'' and inserting ``Director of Intelligence and the
Secretary of Defense shall jointly''.
SEC. 405. INCLUSION OF DEPARTMENT OF INTELLIGENCE IN
INTELLIGENCE COMMUNITY.
Subparagraph (A) of section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)) is amended to read as
follows:
``(A) the Department of Intelligence, which shall include
the Office of the Director of Intelligence, the National
Intelligence Council, and such other offices as the Director
of Intelligence may designate;''.
SEC. 406. REPEAL OF SUPERSEDED AUTHORITIES ON NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Repeal.--Chapter 22 of title 10, United States Code, is
repealed.
(b) Conforming Amendments.--The table of chapters at the
beginning of subtitle A, and part I of subtitle A, of such
title are each amended by striking the item relating to
chapter 22.
SEC. 407. OTHER CONFORMING AMENDMENT.
Section 110(a) of the National Security Act of 1947 is
amended by striking ``section 442 of title 10, United States
Code,'' and inserting ``section 232 of the Intelligence
Reformation Act of 2004''.
Subtitle B--Other Transition Matters Relating to Intelligence
SEC. 411. PRESERVATION OF INTELLIGENCE CAPABILITIES.
The Director of Intelligence, the Director of the Central
Intelligence Agency, the Attorney General, the Secretary of
Defense, and the heads of other appropriate departments and
agencies of the United States Government shall jointly take
such actions as are appropriate to preserve the intelligence
capabilities of the United States during the transfer of
agencies, offices, and functions to the Department under this
Act.
SEC. 412. GENERAL REFERENCES TO INTELLIGENCE OFFICIALS.
(a) Director of Central Intelligence as Head of
Intelligence Community.--Any reference to the Director of
Central Intelligence in the Director's capacity as the head
of the intelligence community in any law, regulation,
document, paper, or other record of the United States shall
be deemed to be a reference to the Director of Intelligence.
(b) Director of Central Intelligence as Head of Central
Intelligence Agency.--Any reference to the Director of
Central Intelligence in the Director's capacity as the head
of the Central Intelligence Agency in any law, regulation,
document, paper, or other record of the United States shall
be deemed to be a reference to the Director of the Central
Intelligence Agency.
[[Page S8883]]
(c) Deputy Director of Central Intelligence as Deputy to
Head of Intelligence Community.--Any reference to the Deputy
Director of Central Intelligence in the Deputy Director's
capacity as deputy to the head of the intelligence community
in any law, regulation, document, paper, or other record of
the United States shall be deemed to be a reference to the
Deputy Director of Intelligence.
Subtitle C--Transfer of Elements
SEC. 421. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) Transfer.--The Director of the Central Intelligence
Agency shall transfer to the Director of Intelligence
administrative jurisdiction and control of the Terrorist
Threat Integration Center (TTIC).
(b) Administration.--The Director of Intelligence shall
administer the Terrorist Threat Integration Center as a
component of the National Counterterrorism Center under
section 113.
SEC. 422. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a) Transfer.--The Director of the Central Intelligence
Agency shall transfer to the Director of Intelligence
administrative jurisdiction and control of the Community
Management Staff.
(b) Administration.--The Director of Intelligence shall
administer the Community Management Staff as a component of
the Office of the Director of Intelligence under section 111.
SEC. 423. TRANSFER OF CERTAIN ELEMENTS OF FEDERAL BUREAU OF
INVESTIGATION.
(a) Transfer.--The Director of the Federal Bureau of
Investigation shall transfer to the Director Intelligence
administrative jurisdiction and control of the elements of
the Federal Bureau of Investigation as follows:
(1) The Office of Intelligence.
(2) The Counterterrorism Division personnel under the
National Foreign Intelligence Program.
(3) The Counterintelligence Division personnel under the
National Foreign Intelligence Program.
(b) Administration.--The Director of Intelligence shall
administer each element transferred to the Director under
subsection (a) as an element of the Department under subtitle
E of title II.
Subtitle D--Transfer of Functions
SEC. 431. TRANSFER OF FUNCTIONS.
In accordance with the provisions of this subtitle, there
shall be transferred to the Director of Intelligence the
functions, personnel, assets, and liabilities of each of the
following:
(1) The Central Intelligence Agency.
(2) The National Security Agency.
(3) The National Geospatial-Intelligence Agency.
(4) The National Reconnaissance Office.
(5) The Office of Intelligence.
(6) The elements of the Counterterrorism Division of the
Federal Bureau of Investigation specified in section 241(b).
(7) The elements of the Counterintelligence Division of the
Federal Bureau of Investigation specified in section 241(b).
(8) The Terrorist Threat Integration Center.
(9) The Community Management Staff.
SEC. 432. TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the
transfer of an agency or office to the Department under this
Act, any official having authority over or functions relating
to the agency or office immediately before the date of the
enactment of this Act shall provide to the Director such
assistance, including the use of personnel and assets, as the
Director may request in preparing for the transfer and
integration of the agency or office into the Department.
(b) Services and Personnel.--Upon the request of the
Director, the head of any department or agency of the United
States may, on a reimbursable basis, provide services or
detail personnel to assist with the transition of an agency
or office to the Department under this Act.
(c) Transfer of Personnel, Assets, Obligations, and
Functions.--Upon the transfer of an agency or office to the
Department under this Act--
(1) the personnel, assets, and obligations held by or
available in connection with the agency or office shall be
transferred to the Director of Intelligence for appropriate
allocation, subject to the approval of the Director of the
Office of Management and Budget and in accordance with the
provisions of section 1531(a)(2) of title 31, United States
Code; and
(2) the Director of Intelligence shall have all functions
relating to the agency or office that any other official
could by law exercise in relation to the agency immediately
before such transfer, and shall have in addition all
functions vested in the Director by this Act or other law.
SEC. 433. SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--(1) Completed
administrative actions of an agency or office shall not be
affected by the enactment of this Act or the transfer of such
agency or office to the Department, but shall continue in
effect according to their terms until amended, modified,
superseded, terminated, set aside, or revoked in accordance
with law by an officer of the United States or a court of
competent jurisdiction, or by operation of law.
(2) For purposes of paragraph (1), the term ``completed
administrative action'' includes orders, determinations,
rules, regulations, personnel actions, permits, agreements,
grants, contracts, certificates, licenses, registrations, and
privileges.
(b) Pending Proceedings.--Subject to the authority of the
Director--
(1) pending proceedings in an agency or office, including
notices of proposed rulemaking, and applications for
licenses, permits, certificates, grants, and financial
assistance, shall continue notwithstanding the enactment of
this Act or the transfer of the agency or office to the
Department, unless discontinued or modified under the same
terms and conditions and to the same extent that such
discontinuance could have occurred if such enactment or
transfer had not occurred; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this Act
had not been enacted or the agency or office had not been
transferred, and any such orders shall continue in effect
until amended, modified, superseded, terminated, set aside,
or revoked by an officer of the United States or a court of
competent jurisdiction, or by operation of law.
(c) Pending Civil Actions.--Subject to the authority of the
Director, pending civil actions shall continue
notwithstanding the enactment of this Act or the transfer of
an agency or office to the Department, and in such civil
actions, proceedings shall be had, appeals taken, and
judgments rendered and enforced in the same manner and with
the same effect as if such enactment or transfer had not
occurred.
(d) References.--References relating to an agency or office
that is transferred to the Department in statutes, Executive
orders, rules, regulations, directives, or delegations of
authority that precede such transfer or the date of the
enactment of this Act shall be deemed to refer, as
appropriate, to the Department, to its officers, employees,
or agents, or to its corresponding organizational units or
functions. Statutory reporting requirements that applied in
relation to such an agency or office immediately before the
date of the enactment of this Act shall continue to apply
following such transfer if they refer to the agency or office
by name.
(e) Employment Provisions.--(1) Notwithstanding the
generality of the foregoing (including subsections (a) and
(d)), in and for the Department the Director of Intelligence
may, in regulations prescribed jointly with the Director of
the Office of Personnel Management, adopt the rules,
procedures, terms, and conditions, established by statute,
rule, or regulation before the date of the enactment of this
Act, relating to employment in any agency or office
transferred to the Department pursuant to this Act; and
(2) except as otherwise provided in this Act, or under
authority granted by this Act, the transfer pursuant to this
Act of personnel shall not alter the terms and conditions of
employment, including compensation, of any employee so
transferred.
(f) Statutory Reporting Requirements.--Any statutory
reporting requirement that applied to an agency or office
transferred to the Department under this Act, immediately
before the date of the enactment of this Act shall continue
to apply following that transfer if the statutory requirement
refers to the agency or office by name.
Subtitle E--Other Matters
SEC. 441. TREATMENT OF DEPARTMENT OF INTELLIGENCE AS
EXECUTIVE DEPARTMENT.
Section 101 of title 5, United States Code, is amended by
adding at the end the following:
``The Department of Intelligence.''.
SEC. 442. EXECUTIVE SCHEDULE MATTERS.
(a) Executive Schedule Level I.--Section 5312 of title 5,
United States Code, is amended by adding at the end the
following new item:
``Director of Intelligence.''.
(b) Executive Schedule Level II.--Section 5313 of title 5,
United States Code, is amended by striking the item relating
to the Director of Central Intelligence and inserting the
following new items:
``Director of Central Intelligence Agency.
``Administrator of the National Counterterrorism Center.''.
(c) Executive Schedule Level III.--Section 5314 of title 5,
United States Code, is amended by striking the item relating
to the Deputy Directors of Central Intelligence and inserting
the following new item:
``Deputy Director of Intelligence.''.
(d) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended--
(1) by striking the item relating to the Assistant
Directors of Central Intelligence;
(2) by striking the item relating to the Inspector General
of the Central Intelligence Agency and inserting the
following new items:
``Inspector General, Central Intelligence Agency.
``Inspector General, Department of Intelligence.'';
(3) by inserting after the item relating to the General
Counsel of the Central Intelligence Agency the following new
item:
``General Counsel of the Department of Intelligence.''; and
(4) by adding at the end the following new items:
``Assistant Directors of Intelligence (2).
``Deputy Administrators of the National Counterterrorism
Center (2).''.
[[Page S8884]]
The PRESIDING OFFICER. The Senator from Indiana is recognized.
Mr. BAYH. Mr. President, it is a privilege for me to join my esteemed
colleague Senator Specter from Pennsylvania and Senators Lieberman and
McCain in this effort to implement the 9/11 Commission recommendations
to defend our country.
This is a bipartisan undertaking. We have proven we can rise above
partisan politics. It remains to be seen whether we can rise above the
bureaucratic inertia, gridlock, and turf jealousy that all too often
afflict the Federal Government. I believe we must and I believe we can,
if we are to uphold the weighty responsibility placed on us by our
fellow American citizens.
The most important thing we can bring to this task is a sense of
urgency. What began as a wake-up call on September 11 may not be
answered following this November 2, unless we maintain the momentum
generated by the recommendations of the 9/11 Commission. All too often
the country's attention, this body's attention, can be diverted into
other arenas, keeping us from taking a difficult but necessary action
that sustained focus and attention can achieve.
So I am very insistent that we regain the momentum, bring a sense of
urgency and purpose to this calling, because it is what will be
necessary to break down some of the barriers that too often in the past
have kept us from doing what we now know to be important in terms of
defending this country.
Our proposal is the most comprehensive one before the Congress. It
addresses not only identifying and cracking down on terrorists who
would threaten to do harm to the American people; it is also the only
proposal that deals with the causes--the environment that gives rise to
those violent individuals in the first place. We have to do both. If
there is one thing I am absolutely certain of, it is no matter what
resources, focus, and new structure we bring to the challenge of
defending our country, we will not be able to identify and bring to
justice every individual who wishes us harm. We have to prevent them
from being created in the first place. We need to do both. That is what
this calls for.
We emphasize accountability and this is vitally important. If you
look at the failings that occurred before 9/11, and at some of the
weaknesses exposed by the search for weapons of mass destruction in
Iraq, you can see there were some significant problems with our
intelligence system. Yet, as far as I know, no individual has been
admonished, no individual has been demoted, no individual has been
fired. George Tenet fell on his sword and took responsibility. But as
far as I know, that is as far as it goes.
Is this the best we can do in terms of having a structure that
assigns missions and holds people accountable for successfully
fulfilling them? I don't believe it is. This proposal we have placed
before this Congress insists upon clearly delineated lines of
authority, holds people clearly accountable for carrying out tasks,
with consequences that will be easier to impose if people do not do the
job we have a right to expect of them. If I were the President asking
who was responsible or in charge or accountable for this, you would
have a half dozen different individuals. But the only individual you
can look at and say this person is in charge of a national
security apparatus in this country is the President himself.
Well, that is not good enough because with all the President has to
be responsible for, he needs to have someone subordinate to him, who is
clearly identifiable, to bring coherence and accountability to the
national security apparatus. That is what our proposal would put into
place.
Finally, let me say two things. We need to increase the amount of
information available to our country in order to provide for our
defense. No matter what structure we provide, no matter how
comprehensive or how much we emphasize accountability, we simply need
to know more about dangerous individuals, dangerous places, and what
they are doing in an attempt to harm America. There are glaring blind
spots today, when it comes to intelligence, that will make us unable to
defend our country. We are in the process of trying to correct some of
those blind spots, but more needs to be done.
This report focuses like a laser, particularly on improving the level
of human intelligence that will augment our technology, and other
sources at our disposal to provide for the common defense.
In conclusion, let me say this. I am reminded of the old adage,
``Fool me once, shame on you; fool me twice, shame on me.'' It is no
longer possible to deny there are glaring weaknesses in the national
security intelligence apparatus that sprung up following World War II.
It was designed for a different time and a different challenge. We must
seize this opportunity and put into place truly transformational change
that will enable us to defend our country against the threats of the
21st century, not those that threatened us in the recent past.
Those who would temporize, equivocate, and those who would unduly
compromise will bear a very heavy burden indeed should another tragedy
strike this country. Now is the time for bold action. Now is the time
to put aside the bureaucratic turf jealousies, inertia, and divisions
that afflict the Congress and the executive branch and unite
politically, unite across branches of Government, unite in a common
purpose of truly bold reform and change, so that those who follow in
our footsteps will know we have done everything humanly possible to
protect this country.
Some of the sacrifices need to start with this Congress. Too often
people have committee jealousies and they want to protect turf. We need
to put that aside and unite as one people, one Congress, to protect
this Nation. That is what this legislation does. So I am pleased to
join with my colleagues in a bipartisan spirit to move the intelligence
system forward and defend America.
I will conclude with a saying I once read. I am a member of the
Intelligence Committee. At one of the briefings, we got what was
actually a cover sheet of the budget for the intelligence community a
couple of years ago. The budget is classified, but this is not. It was
a quote from Napoleon Bonaparte, which I found interesting. Napoleon
Bonaparte once said ``a well-placed spy is worth at least two
divisions.'' Well, today a well-placed spy and access to timely,
accurate information could be worth two American cities; it could mean
the difference between hundreds of thousands of lives saved or lost.
Let us not get embroiled in political, bureaucratic, or other
disputes when the fate of our Nation hangs in the balance. Now is the
time to act. I am honored to join with my colleagues in proposing that
we do exactly that.
Mr. McCAIN. Mr. President, I ask unanimous consent that a copy of the
bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2774
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 ``9/11
Commission Report Implementation Act of 2004''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--REFORM OF INTELLIGENCE COMMUNITY
Sec. 101. Short title.
Sec. 102. Definitions.
Subtitle A--National Intelligence Authority
Sec. 111. National Intelligence Authority.
Sec. 112. National Intelligence Director.
Sec. 113. Office of the National Intelligence Director.
Sec. 114. Deputy National Intelligence Directors.
Sec. 115. National Intelligence Council.
Sec. 116. General Counsel of the National Intelligence Authority.
Sec. 117. Inspector General of the National Intelligence Authority.
Sec. 118. Intelligence Comptroller.
Sec. 119. Officer for Civil Rights and Civil Liberties of the National
Intelligence Authority.
Sec. 120. Privacy Officer of the National Intelligence Authority.
Sec. 121. Chief Information Officer of the National Intelligence
Authority.
Subtitle B--Responsibilities and Authorities of National Intelligence
Director
Sec. 131. Provision of national intelligence.
Sec. 132. Responsibilities of National Intelligence Director.
Sec. 133. Authorities of National Intelligence Director.
Sec. 134. Enhanced personnel management.
[[Page S8885]]
Sec. 135. Role of National Intelligence Director in appointment and
termination of certain officials responsible for
intelligence-related activities.
Subtitle C--Elements of National Intelligence Authority
Sec. 141. National Counterterrorism Center.
Sec. 142. National intelligence centers.
Subtitle D--Additional Authorities of National Intelligence Authority
Sec. 151. Use of appropriated funds.
Sec. 152. Procurement authorities.
Sec. 153. Personnel matters.
Sec. 154. Ethics matters.
Subtitle E--Additional Improvements of Intelligence Activities
Sec. 161. Availability to public of certain intelligence funding
information.
Sec. 162. Merger of Homeland Security Council into National Security
Council.
Sec. 163. Reform of Central Intelligence Agency.
Sec. 164. Paramilitary operations.
Sec. 165. Improvement of intelligence capabilities of the Federal
Bureau of Investigation.
Sec. 166. Report on implementation of intelligence community reform.
Subtitle F--Conforming and Other Amendments
Sec. 171. Restatement and modification of basic authority of the
Central Intelligence Agency.
Sec. 172. Conforming amendments relating to roles of National
Intelligence Director and Director of the Central
Intelligence Agency.
Sec. 173. Other conforming amendments.
Sec. 174. Elements of intelligence community under National Security
Act of 1947.
Sec. 175. Redesignation of National Foreign Intelligence Program as
National Intelligence Program.
Sec. 176. Repeal of superseded authorities.
Sec. 177. Clerical amendments to National Security Act of 1947.
Sec. 178. Conforming amendments relating to dual service of certain
officials as Deputy National Intelligence Directors.
Sec. 179. Conforming amendment to Inspector General Act of 1978.
Subtitle G--Other Matters
Sec. 181. Transfer of Community Management Staff.
Sec. 182. Transfer of Terrorist Threat Integration Center.
Sec. 183. Termination of positions of Assistant Directors of Central
Intelligence.
Sec. 184. Termination of Joint Military Intelligence Program.
Sec. 185. Executive schedule matters.
Sec. 186. Preservation of intelligence capabilities.
Sec. 187. General references.
TITLE II--INFORMATION SHARING
Sec. 201. Information sharing.
TITLE III--CONGRESSIONAL REFORM
Sec. 301. Findings.
Sec. 302. Reorganization of congressional jurisdiction.
TITLE IV--PRESIDENTIAL TRANSITION
Sec. 401. Presidential transition.
TITLE V--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE
WAR ON TERRORISM
Sec. 501. Report on terrorist sanctuaries.
Sec. 502. Role of Pakistan in countering terrorism.
Sec. 503. Aid to Afghanistan.
Sec. 504. The United States-Saudi Arabia relationship.
Sec. 505. Efforts to combat Islamic terrorism by engaging in the
struggle of ideas in the Islamic world.
Sec. 506. United States policy toward dictatorships.
Sec. 507. Promotion of United States values through broadcast media.
Sec. 508. Use of United States scholarship and exchange programs in the
Islamic world.
Sec. 509. International Youth Opportunity Fund.
Sec. 510. Report on the use of economic policies to combat terrorism.
Sec. 511. Middle East Partnership Initiative.
Sec. 512. Comprehensive coalition strategy for fighting terrorism.
Sec. 513. Detention and humane treatment of captured terrorists.
Sec. 514. Proliferation of weapons of mass destruction.
Sec. 515. Financing of terrorism.
TITLE VI--TERRORIST TRAVEL AND EFFECTIVE SCREENING
Sec. 601. Counterterrorist travel intelligence.
Sec. 602. Integrated screening system.
Sec. 603. Biometric entry and exit data system.
Sec. 604. Travel documents.
Sec. 605. Exchange of terrorist information.
Sec. 606. Minimum standards for identification-related documents.
TITLE VII--TRANSPORTATION SECURITY
Sec. 701. Definitions.
Sec. 702. National Strategy for Transportation Security.
Sec. 703. Use of watchlists for passenger air transportation screening.
Sec. 704. Enhanced passenger and cargo screening.
TITLE VIII--NATIONAL PREPAREDNESS
Sec. 801. Homeland security assistance.
Sec. 802. The incident command system.
Sec. 803. National Capital Region Mutual Aid.
Sec. 804. Assignment of spectrum for public safety.
Sec. 805. Urban area communications capabilities.
Sec. 806. Private sector preparedness.
Sec. 807. Critical infrastructure and readiness assessments.
Sec. 808. Report on Northern Command and defense of the United States
homeland.
TITLE IX--PROTECTION OF CIVIL LIBERTIES
Sec. 901. Privacy and Civil Liberties Oversight Board.
Sec. 902. Privacy and Civil Liberties Officers.
TITLE I--REFORM OF INTELLIGENCE COMMUNITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Intelligence
Authority Act of 2004''.
SEC. 102. DEFINITIONS.
In this title:
(1) The term ``intelligence'' includes foreign intelligence
and counterintelligence.
(2) The term ``foreign intelligence'' means information
relating to the capabilities, intentions, or activities of
foreign governments or elements thereof, foreign
organizations, or foreign persons, or international terrorist
activities.
(3) The term ``counterintelligence'' means information
gathered, and activities conducted, to protect against
espionage, other intelligence activities, sabotage, or
assassinations conducted by or on behalf of foreign
governments or elements thereof, foreign organizations, or
foreign persons, or international terrorist activities.
(4) The term ``intelligence community'' includes the
following:
(A) The National Intelligence Authority.
(B) The Central Intelligence Agency.
(C) The National Security Agency.
(D) The Defense Intelligence Agency.
(E) The National Geospatial-Intelligence Agency.
(F) The National Reconnaissance Office.
(G) Other offices within the Department of Defense for the
collection of specialized national intelligence through
reconnaissance programs.
(H) The intelligence elements of the Army, the Navy, the
Air Force, the Marine Corps, the Federal Bureau of
Investigation, and the Department of Energy.
(I) The Bureau of Intelligence and Research of the
Department of State.
(J) The Office of Intelligence and Analysis of the
Department of the Treasury.
(K) The elements of the Department of Homeland Security
concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
(L) Such other elements of any other department or agency
as may be designated by the President, or designated jointly
by the National Intelligence Director and the head of the
department or agency concerned, as an element of the
intelligence community.
(5) The terms ``national intelligence'' and ``intelligence
related to the national security''--
(A) each refer to intelligence which pertains to the
interests of more than one department or agency of the
Government; and
(B) do not refer to counterintelligence or law enforcement
activities conducted by the Federal Bureau of Investigation
except to the extent provided for in procedures agreed to by
the National Intelligence Director and the Attorney General,
or otherwise as expressly provided for in this title.
(6) The term ``National Intelligence Program''--
(A)(i) refers to all national intelligence programs,
projects, and activities of the elements of the intelligence
community; and
(ii) includes all programs, projects, and activities
(whether or not pertaining to national intelligence) of the
National Intelligence Authority, the Central Intelligence
Agency, the National Security Agency, the National
Geospatial-Intelligence Agency, the National Reconnaissance
Office, the Office of Intelligence of the Federal Bureau of
Investigation, and the Directorate of Information Analysis
and Infrastructure Protection of the Department of Homeland
Security; but
(B) does not refer--
(i) to any program, project, or activity pertaining solely
to the requirements of a single department, agency, or
element of the United States Government; or
(ii) to any program, project, or activity of the military
departments to acquire intelligence solely for the planning
and conduct of tactical military operations by the United
States Armed Forces.
(7) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle A--National Intelligence Authority
SEC. 111. NATIONAL INTELLIGENCE AUTHORITY.
(a) Independent Establishment.--There is hereby established
as an independent establishment in the executive branch of
government the National Intelligence Authority.
[[Page S8886]]
(b) Composition.--The National Intelligence Authority is
composed of the following:
(1) The Office of the National Intelligence Director.
(2) The elements specified in subtitle C.
(3) Such other elements, offices, agencies, and activities
as may be designated by law or by the President as part of
the Authority.
(c) Primary Missions.--The primary missions of the National
Intelligence Authority are as follows:
(1) To unify and strengthen the efforts of the intelligence
community.
(2) To ensure the organization of the efforts of the
intelligence community in a collective manner relating to
intelligence responsibilities.
(3) To provide for the operation of the National
Counterterrorism Center and the national intelligence centers
under subtitle C.
(4) To eliminate barriers in the conduct of the
counterterrorism activities of the United States Government
between foreign intelligence activities conducted inside and
outside the United States while ensuring the protection of
civil liberties.
(5) To establish clear responsibility and accountability
for counterterrorism and other intelligence matters relating
to the national security of the United States.
(d) Seal.--The National Intelligence Director shall have a
seal for the National Intelligence Authority. The design of
the seal is subject to the approval of the President.
Judicial notice shall be taken of the seal.
SEC. 112. NATIONAL INTELLIGENCE DIRECTOR.
(a) National Intelligence Director.--There is a National
Intelligence Director who shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) Individuals Eligible for Nomination.--Any individual
nominated for appointment as National Intelligence Director
shall have extensive national security expertise.
(c) Principal Duties and Responsibilities.--The National
Intelligence Director shall--
(1) serve as head of the intelligence community in
accordance with the provisions of this Act, the National
Security Act of 1947 (50 U.S.C. 401 et seq.), and other
applicable provisions of law;
(2) act as a principal adviser to the President for
intelligence related to the national security;
(3) serve as the head of the National Intelligence
Authority (but may not serve as the Director of the Central
Intelligence Agency); and
(4) direct, manage, and oversee the execution of the
National Intelligence Program.
(d) General Responsibilities and Authorities.--In carrying
out the duties and responsibilities set forth in subsection
(c), the National Intelligence Director shall have the
responsibilities set forth in section 132 and the authorities
set forth in section 133 and other applicable provisions of
law.
SEC. 113. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.
(a) Office of National Intelligence Director.--There is
within the National Intelligence Authority an Office of the
National Intelligence Director.
(b) Function.--The function of the Office of the National
Intelligence Director is to assist the National Intelligence
Director in carrying out the duties and responsibilities of
the Director under this Act, the National Security Act of
1947 (50 U.S.C. 401 et seq.), and other applicable provisions
of law, and to carry out such other duties as may be
prescribed by the President or by law.
(c) Composition.--The Office of the National Intelligence
Director is composed of the following:
(1) The Deputy National Intelligence Director.
(2) The Deputy National Intelligence Director for Foreign
Intelligence.
(3) The Deputy National Intelligence Director for Defense
Intelligence.
(4) The Deputy National Intelligence Director for Homeland
Intelligence.
(5) The National Intelligence Council.
(6) The General Counsel of the National Intelligence
Authority.
(7) The Inspector General of the National Intelligence
Authority.
(8) The Intelligence Comptroller.
(9) The Officer for Civil Rights and Civil Liberties of the
National Intelligence Authority.
(10) The Privacy Officer of the National Intelligence
Authority.
(11) The Chief Information Officer of the National
Intelligence Authority.
(12) Such other offices and officials as may be established
by law or the Director may establish or designate in the
Office.
(d) Staff.--(1) To assist the National Intelligence
Director in fulfilling the duties and responsibilities of the
Director, the Director shall employ and utilize in the Office
of the National Intelligence Director a professional staff
having an expertise in matters relating to such duties and
responsibilities, and may establish permanent positions and
appropriate rates of pay with respect to that staff.
(2) The staff of the Office under paragraph (1) shall
include the elements of the Community Management Staff that
are transferred to the Office under section 181.
SEC. 114. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.
(a) Deputy National Intelligence Director.--(1) There is a
Deputy National Intelligence Director who shall be appointed
by the President, by and with the advice and consent of the
Senate.
(2) Any individual nominated for appointment as Deputy
National Intelligence Director shall have extensive national
security experience and management expertise.
(3) The individual serving as Deputy National Intelligence
Director may not serve in any capacity in any other element
of the intelligence community.
(4) The Deputy National Intelligence Director shall assist
the National Intelligence Director in carrying out the duties
and responsibilities of the Director.
(5) The Deputy National Intelligence Director shall act
for, and exercise the powers of, the National Intelligence
Director during the absence or disability of the National
Intelligence Director or during a vacancy in the position of
National Director of Intelligence.
(b) Deputy National Intelligence Director for Foreign
Intelligence.--(1) There is a Deputy National Intelligence
Director for Foreign Intelligence.
(2) The Director of the Central Intelligence Agency under
section 103 of the National Security Act of 1947 also serves
as the Deputy National Intelligence Director for Foreign
Intelligence.
(3) In the capacity as Deputy National Intelligence
Director for Foreign Intelligence, the Deputy Director
shall--
(A) have the duties and responsibilities specified in
subsection (e) with respect to the elements of the
intelligence community (as determined by the National
Intelligence Director) that are responsible for foreign
intelligence matters; and
(B) such other duties, responsibilities, and authorities
with respect to foreign intelligence as the Director may
assign.
(c) Deputy National Intelligence Director for Defense
Intelligence.--(1) There is a Deputy National Intelligence
Director for Defense Intelligence.
(2) The Under Secretary of Defense for Intelligence under
section 137 of title 10, United States Code, also serves as
the Deputy National Intelligence Director for Defense
Intelligence.
(3) In the capacity as Deputy National Intelligence
Director for Defense Intelligence, the Deputy Director
shall--
(A) have the duties and responsibilities specified in
subsection (e) with respect to the elements of the
intelligence community (as determined by the National
Intelligence Director) that are responsible for defense
intelligence matters; and
(B) such other duties, responsibilities, and authorities
with respect to foreign intelligence as the Director may
assign.
(d) Deputy National Intelligence Director for Homeland
Intelligence.--(1) There is a Deputy National Intelligence
Director for Homeland Intelligence.
(2)(A) At the election of the National Intelligence
Director, one of the officials specified in subparagraph (B)
also serves as the Deputy National Intelligence Director for
Homeland Intelligence.
(B) The officials specified in this subparagraph are as
follows:
(i) The Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection under
section 201 of the Homeland Security Act of 2002 (6 U.S.C.
121).
(ii) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation.
(3) In the capacity as Deputy National Intelligence
Director for Homeland Intelligence, the Deputy Director
shall--
(A) have the duties and responsibilities specified in
subsection (e) with respect to the elements of the
intelligence community (as determined by the National
Intelligence Director) that are responsible for homeland
intelligence matters; and
(B) such other duties, responsibilities, and authorities
with respect to homeland intelligence as the Director may
assign.
(e) Duties and Responsibilities Regarding Specific
Intelligence Matters.--Each Deputy National Intelligence
Director shall assist the National Intelligence Director and
the Deputy National Intelligence Director under subsection
(a) in--
(1) managing the collection, analysis, production, and
dissemination of intelligence in accordance with the
standards, requirements, and priorities established by the
National Intelligence Director;
(2) ensuring the acquisition of collection systems in
accordance with the standards, requirements, and priorities
established by the National Intelligence Director;
(3) setting standards, requirements, and priorities for the
hiring and training of personnel;
(4) assigning or detailing personnel as staff of the
national intelligence centers;
(5) overseeing the performance of the national intelligence
centers, subject to the direction of the National
Intelligence Director;
(6) ensuring that the intelligence community makes better
use of open source information and analysis; and
(7) coordinating among the agencies, elements, and
components of the intelligence community.
SEC. 115. NATIONAL INTELLIGENCE COUNCIL.
(a) National Intelligence Council.--There is a National
Intelligence Council.
(b) Composition.--(1) The National Intelligence Council
shall be composed of senior analysts within the intelligence
community and substantive experts from the public and private
sector, who shall be appointed by, report to, and serve at
the pleasure of, the National Intelligence Director.
[[Page S8887]]
(2) The Director shall prescribe appropriate security
requirements for personnel appointed from the private sector
as a condition of service on the Council, or as contractors
of the Council or employees of such contractors, to ensure
the protection of intelligence sources and methods while
avoiding, wherever possible, unduly intrusive requirements
which the Director considers to be unnecessary for this
purpose.
(c) Duties and Responsibilities.--(1) The National
Intelligence Council shall--
(A) subject to paragraph (2), produce national intelligence
estimates for the United States Government, including,
whenever the Council considers appropriate, alternative views
held by elements of the intelligence community;
(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the
requirements and resources of such collection and production;
and
(C) otherwise assist the National Intelligence Director in
carrying out the responsibilities of the Director under
section 131.
(2) The National Intelligence Director shall ensure that
the Council satisfies the needs of policymakers and other
consumers of intelligence by ensuring that each national
intelligence estimate under paragraph (1)--
(A) states separately, and distinguishes between, the
intelligence underlying such estimate and the assumptions and
judgments of analysts with respect to such intelligence and
such estimate;
(B) describes the quality and reliability of the
intelligence underlying such estimate;
(C) presents and explains alternative conclusions, if any,
with respect to the intelligence underlying such estimate and
such estimate; and
(D) characterizes the uncertainties, if any, and confidence
in such estimate.
(d) Service as Senior Intelligence Advisers.--Within their
respective areas of expertise and under the direction of the
National Intelligence Director, the members of the National
Intelligence Council shall constitute the senior intelligence
advisers of the intelligence community for purposes of
representing the views of the intelligence community within
the United States Government.
(e) Authority To Contract.--Subject to the direction and
control of the National Intelligence Director, the National
Intelligence Council may carry out its responsibilities under
this section by contract, including contracts for substantive
experts necessary to assist the Council with particular
assessments under this section.
(f) Staff.--The National Intelligence Director shall make
available to the National Intelligence Council such staff as
may be necessary to permit the Council to carry out its
responsibilities under this section.
(g) Availability of Council and Staff.--(1) The National
Intelligence Director shall take appropriate measures to
ensure that the National Intelligence Council and its staff
satisfy the needs of policymaking officials and other
consumers of intelligence.
(2) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise
associated with the intelligence community.
(h) Support.--The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to the
National Intelligence Council, including the preparation of
intelligence analyses, as may be required by the National
Intelligence Director.
SEC. 116. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE
AUTHORITY.
(a) General Counsel of National Intelligence Authority.--
There is a General Counsel of the National Intelligence
Authority who shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate.
(b) Prohibition on Dual Service as General Counsel of
Another Agency.--The individual serving in the position of
General Counsel of the National Intelligence Authority may
not, while so serving, also serve as the General Counsel of
any other department, agency, or element of the United States
Government.
(c) Scope of Position.--The General Counsel of the National
Intelligence Authority is the chief legal officer of the
National Intelligence Authority.
(d) Functions.--The General Counsel of the National
Intelligence Authority shall perform such functions as the
National Intelligence Director may prescribe.
SEC. 117. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE
AUTHORITY.
(a) Office of Inspector General of National Intelligence
Authority.--There is an Office of the Inspector General of
the National Intelligence Authority.
(b) Purpose.--The purpose of the Office of the Inspector
General of the National Intelligence Authority is to--
(1) create an objective and effective office, appropriately
accountable to Congress, to initiate and conduct
independently investigations, inspections, and audits
relating to--
(A) the programs and operations of the National
Intelligence Authority;
(B) the relationships among the elements of the
intelligence community within the National Intelligence
Program; and
(C) the relationship of the Authority with the other
elements of the intelligence community;
(2) provide leadership and recommend policies designed to
promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and in the
relationships described in paragraph (1), and to detect fraud
and abuse in such programs, operations, and relationships;
(3) provide a means for keeping the National Intelligence
Director fully and currently informed about problems and
deficiencies relating to the administration of such programs
and operations, and in such relationships, and the necessity
for, and the progress of, corrective actions; and
(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of significant problems and deficiencies relating to
the administration of such programs and operations, and in
such relationships, as well as the necessity for, and the
progress of, corrective actions.
(c) Inspector General of National Intelligence Authority.--
(1) There is an Inspector General of the National
Intelligence Authority, who shall be the head of the Office
of the Inspector General of the National Intelligence
Authority, who shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate.
(2) The nomination of an individual for appointment as
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 National Intelligence Authority,
and prior experience in the field of intelligence or national
security; and
(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
(3) The Inspector General shall report directly to and be
under the general supervision of the National Intelligence
Director.
(4) 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 the removal of any individual from the position
of Inspector General.
(d) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General of the National
Intelligence Authority--
(1) to provide policy direction for, and to plan, conduct,
supervise, and coordinate independently, the investigations,
inspections, and audits relating to the programs and
operations of the National Intelligence Authority, and in the
relationships among the elements of the intelligence
community within the National Intelligence Program, to ensure
they are conducted efficiently and in accordance with
applicable law and regulations;
(2) to keep the National Intelligence Director fully and
currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies
that may occur in such programs and operations, and in the
relationships described in paragraph (1), 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 the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing standards.
(e) Limitations on Activities.--(1) The National
Intelligence Director may prohibit the Inspector General of
the National Intelligence Authority from initiating, carrying
out, or completing any investigation, inspection, or audit if
the Director determines that such prohibition is necessary to
protect vital national security interests of the United
States.
(2) If the Director exercises the authority under paragraph
(1), the Director shall submit an appropriately classified
statement of the reasons for the exercise of such authority
within seven days to the congressional intelligence
committees.
(3) The Director shall advise the Inspector General at the
time a report under paragraph (1) is submitted, and, to the
extent consistent with the protection of intelligence sources
and methods, provide the Inspector General with a copy of
such report.
(4) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the
Inspector General has notice under paragraph (3) that the
Inspector General considers appropriate.
(f) Authorities.--(1) The Inspector General of the National
Intelligence Authority shall have direct and prompt access to
the National Intelligence Director 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 National
Intelligence Authority whose testimony is needed for the
performance of the duties of the Inspector General.
(B) 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.
[[Page S8888]]
(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient
rationale for denying the Inspector General access to any
materials under subparagraph (B).
(D) 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 the termination of an existing
contractual relationship.
(3) The Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity constituting a
violation of laws, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority, or a substantial
and specific danger to the public health and safety. Once
such complaint or information has been received from an
employee of the Authority--
(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless
the Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of
Justice responsible for determining whether a prosecution
should be undertaken; and
(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint or disclosing such
information may be taken by any employee of the Authority in
a position to take such actions, unless such complaint was
made or such information was disclosed with the knowledge
that it was false or with willful disregard for its truth or
falsity.
(4) The Inspector General shall have authority to
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 Office of the Inspector General of the National
Intelligence Authority 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 is authorized to 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 departments, agencies, and other
elements of the United States Government, 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 Authority.
(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.
(g) Staff and Other Support.--(1) The Inspector General of
the National Intelligence Authority 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)(A) Subject to applicable law and the policies of the
National Intelligence 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.
(B) In making selections under subparagraph (A), 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 effectively.
(C) In meeting the requirements of this paragraph, the
Inspector General shall create within the Office of the
Inspector General of the National Intelligence Authority a
career cadre of sufficient size to provide appropriate
continuity and objectivity needed for the effective
performance of the duties of the Inspector General.
(3)(A) 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
department, agency, or other element of the United States
Government.
(B) Upon request of the Inspector General for information
or assistance under subparagraph (A), the head of the
department, agency, or element concerned shall, insofar as is
practicable and not in contravention of any existing
statutory restriction or regulation of the department,
agency, or element, furnish to the Inspector General, or to
an authorized designee, such information or assistance.
(h) Reports.--(1)(A) The Inspector General of the National
Intelligence Authority shall, not later than January 31 and
July 31 of each year, prepare and submit to the National
Intelligence Director a classified semiannual report
summarizing the activities of the Office of the Inspector
General of the National Intelligence Authority during the
immediately preceding six-month periods ending December 31
(of the preceding year) and June 30, respectively.
(B) Each report under this paragraph shall include, at a
minimum, the following:
(i) A list of the title or subject of each investigation,
inspection, 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 National Intelligence Authority identified
by the Inspector General during the period covered by such
report.
(iii) A description of the recommendations for corrective
action made by the Inspector General during the period
covered by such report with respect to significant problems,
abuses, or deficiencies identified in clause (ii).
(iv) A statement whether or not corrective action has been
completed on each significant recommendation described in
previous semiannual reports, and, in a case where corrective
action has been completed, a description of such corrective
action.
(v) An assessment of the effectiveness of all measures in
place in the Authority for the protection of civil liberties
and privacy of United States persons.
(vi) A certification whether or not the Inspector General
has had full and direct access to all information relevant to
the performance of the functions of the Inspector General.
(vii) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
(viii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy and
efficiency in the administration of programs and operations
undertaken by the Authority, and to detect and eliminate
fraud and abuse in such programs and operations.
(C) Not later than 30 days after the date of the submittal
of a report under subparagraph (A), the Director shall
transmit the report to the congressional intelligence
committees together with any comments the Director considers
appropriate.
(2)(A) The Inspector General shall report immediately to
the Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to the administration of programs or
operations of the Authority or regarding relationships among
the elements of the intelligence community within the
National Intelligence Program.
(B) The Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within seven calendar days of receipt of such report,
together with such comments as the Director considers
appropriate.
(3) In the event that--
(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
(B) an investigation, inspection, or audit carried out by
the Inspector General should focus on any current or former
Authority official who holds or held a position in the
Authority that is subject to appointment by the President, by
and with the advice and consent of the Senate, including such
a position held on an acting basis;
(C) a matter requires a report by the Inspector General to
the Department of Justice on possible criminal conduct by a
current or former official described in subparagraph (B);
(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or
(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a
report on such matter to the congressional intelligence
committees.
(4) Pursuant to title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), the Director shall submit to
the congressional intelligence committees any report or
findings and recommendations of an investigation, inspection,
or audit conducted by the office which has been requested by
the Chairman or Ranking Minority Member of either committee.
(5)(A) An employee of the Authority, or of a contractor to
the Authority, 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 a 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
[[Page S8889]]
the complaint or information to Congress by contacting either
or both of the congressional intelligence committees
directly.
(ii) An employee may contact the 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
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 three days after any
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, abuse, violation of law
or Executive order, or deficiency relating to the funding,
administration, or operations of an intelligence activity
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, administration, or operation of an
intelligence activity.
(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 (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with
this paragraph.
(6) 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 Authority, consistent with such guidelines as may be
issued by the Attorney General pursuant to subsection (b)(2)
of such section. A copy of each such report shall be
furnished to the Director.
(i) Separate Budget Account.--The National Intelligence
Director shall, in accordance with procedures to be issued by
the Director in consultation with the congressional
intelligence committees, include in the National Intelligence
Program budget a separate account for the Office of Inspector
General of the National Intelligence Authority.
SEC. 118. INTELLIGENCE COMPTROLLER.
(a) Intelligence Comptroller.--There is an Intelligence
Comptroller who shall be appointed from civilian life by the
National Intelligence Director.
(b) Supervision.--The Intelligence Comptroller shall report
directly to the National Intelligence Director.
(c) Duties.--The Intelligence Comptroller shall--
(1) assist the National Intelligence Director in the
preparation and execution of the budget of the elements of
the intelligence community within the National Intelligence
Program;
(2) assist the Director in participating in the development
by the Secretary of Defense of the annual budget for military
intelligence programs and activities outside the National
Intelligence Program;
(3) provide unfettered access to the Director to financial
information under the National Intelligence Program;
(4) perform such other duties as may be prescribed by the
Director or specified by law.
SEC. 119. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE
NATIONAL INTELLIGENCE AUTHORITY.
(a) Officer for Civil Rights and Civil Liberties of
National Intelligence Authority.--There is an Officer for
Civil Rights and Civil Liberties of the National Intelligence
Authority who shall be appointed by the National Intelligence
Director.
(b) Supervision.--The Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority shall report
directly to the National Intelligence Director.
(c) Duties.--The Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority shall--
(1) assist the National Intelligence Director in ensuring
that the protection of civil rights and civil liberties is
appropriately incorporated in the policies and procedures
developed for and implemented by the National Intelligence
Authority and in the relationships among the elements of the
intelligence community within the National Intelligence
Program;
(2) oversee compliance by the Authority, and in the
relationships described in paragraph (1), with requirements
under the Constitution and all laws, regulations, Executive
orders, and implementing guidelines relating to civil rights
and civil liberties;
(3) review, investigate, and assess complaints and other
information indicating possible abuses of civil rights or
civil liberties in the administration of the programs and
operations of the Authority, and in the relationships
described in paragraph (1), unless, in the determination of
the Inspector General of the National Intelligence Authority,
the review, investigation, or assessment of a particular
complaint or information can better be conducted by the
Inspector General; and
(4) perform such other duties as may be prescribed by the
Director or specified by law.
SEC. 120. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE
AUTHORITY.
(a) Privacy Officer of National Intelligence Authority.--
There is a Privacy Officer of the National Intelligence
Authority who shall be appointed by the National Intelligence
Director.
(b) Duties.--The Privacy Officer of the National
Intelligence Authority shall have primary responsibility for
the privacy policy of the National Intelligence Authority,
including--
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use,
collection, and disclosure of personal information;
(2) assuring that personal information contained in Privacy
Act systems of records is handled in full compliance with
fair information practices as set out in the Privacy Act of
1974;
(3) conducting privacy impact assessments when appropriate
or as required by law; and
(4) performing such other duties as may be prescribed by
the Director or specified by law.
SEC. 121. CHIEF INFORMATION OFFICER OF THE NATIONAL
INTELLIGENCE AUTHORITY.
(a) Chief Information Officer of National Intelligence
Authority.--There is a Chief Information Officer of the
National Intelligence Authority who shall be appointed by the
National Intelligence Director.
(b) Duties.--The Chief Information Officer of the National
Intelligence Authority shall--
(1) assist the National Intelligence Director in developing
and implementing an integrated information technology
network, as required by section 132(a)(14);
(2) develop an enterprise architecture for the intelligence
community and assist the Director in ensuring that elements
of the intelligence community comply with such architecture;
(3) ensure that the elements of the intelligence community
have direct and continuous electronic access to all
information (including unevaluated intelligence) necessary
for appropriately cleared analysts to conduct comprehensive
all-source analysis and for appropriately cleared
policymakers to perform their duties;
(4) review and provide recommendations to the Director on
National Intelligence Program budget requests for information
technology and national security systems;
(5) assist the Director in promulgating and enforcing
standards on information technology and national security
systems that apply throughout the intelligence community;
(6) provide for the elimination of duplicate information
technology and national security systems within and between
the elements of the intelligence community; and
(7) perform such other duties with respect to the
information systems and information technology of the
National Intelligence Authority as may be prescribed by the
Director or specified by law.
Subtitle B--Responsibilities and Authorities of National Intelligence
Director
SEC. 131. PROVISION OF NATIONAL INTELLIGENCE.
(a) In General.--Under the direction of the National
Security Council, the National Intelligence Director shall be
responsible for providing national intelligence--
(1) to the President;
(2) to the heads of other departments and agencies of the
executive branch;
(3) to the Chairman of the Joint Chiefs of Staff and senior
military commanders; and
(4) where appropriate, to the Senate and House of
Representatives and the committees thereof.
(b) National Intelligence.--Such national intelligence
should be timely, objective, independent of political
considerations, and based upon all sources available to the
intelligence community.
SEC. 132. RESPONSIBILITIES OF NATIONAL INTELLIGENCE DIRECTOR.
(a) In General.--The National Intelligence Director shall--
(1) develop and present to the President on an annual basis
a unified budget for the intelligence and intelligence-
related activities of the United States Government;
(2) ensure a unified budget for the intelligence and
intelligence-related activities of the United States
Government that reflects an appropriate balance among the
varieties of technical and human intelligence methods and
analysis;
(3) direct and manage the tasking of collection, analysis,
and dissemination of national intelligence by elements of the
intelligence community, including the establishment of
requirements and priorities of such tasking;
(4) approve collection and analysis requirements, determine
collection and analysis
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priorities, and resolve conflicts in collection and analysis
priorities levied on national intelligence collection and
analysis assets;
(5) establish and oversee the National Counterterrorism
Center under section 141 and the national intelligence
centers under section 142;
(6) establish requirements and priorities for foreign
intelligence information to be collected under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), and provide assistance to the Attorney General to
ensure that information derived from electronic surveillance
or physical searches under that Act is disseminated so it may
be used efficiently and effectively for foreign intelligence
purposes, except that the Director shall have no authority to
direct, manage, or undertake electronic surveillance or
physical search operations pursuant to that Act unless
otherwise authorized by statute or Executive order;
(7) develop and implement, in consultation with the heads
of the other elements of the intelligence community,
personnel policies and programs applicable to the
intelligence community that--
(A) facilitate assignments and details of personnel to the
National Counterterrorism Center under section 141, to
national intelligence centers under section 142, and across
agency lines;
(B) set standards for education and training;
(C) ensure that the personnel of the intelligence community
is sufficiently diverse for purposes of the collection and
analysis of intelligence by ensuring the recruitment and
training of women, minorities, and individuals with diverse
ethnic, cultural, and linguistic backgrounds;
(D) make service in more than one element of the
intelligence community a condition of promotion to such
positions within the intelligence community as the Director
shall specify;
(E) ensure the effective management and authority of
intelligence community personnel who are responsible for
intelligence community-wide matters; and
(F) include the enhancements required under section 134;
(8) promote and evaluate the utility of national
intelligence to consumers within the United States
Government;
(9) ensure that appropriate officials of the United States
Government and other appropriate individuals have access to a
variety of intelligence assessments and analytical views;
(10) protect intelligence sources and methods from
unauthorized disclosure;
(11) establish requirements and procedures for the
classification of information and for access to classified
information;
(12) establish requirements and procedures for the
dissemination of classified information by elements of the
intelligence community;
(13) establish information sharing and intelligence
reporting guidelines that maximize the dissemination of
information while protecting intelligence sources and
methods;
(14) develop, in consultation with the heads of appropriate
departments and agencies of the United States Government, an
integrated information technology network that provides for
the efficient and secure exchange of intelligence information
among all elements of the intelligence community and such
other entities and persons as the Director considers
appropriate;
(15) ensure compliance by the elements of the intelligence
community with the Constitution and all laws, regulations,
Executive orders, and implementing guidelines of the United
States, including all laws, regulations, Executive orders,
and implementing guidelines relating to the protection of
civil liberties and privacy of United States persons;
(16) eliminate waste and unnecessary duplication within the
intelligence community; and
(17) perform such other functions as the President may
direct.
(b) Uniform Procedures for Sensitive Compartmented
Information.--The President, acting through the National
Intelligence Director, shall--
(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to any
officer or employee of any department, agency, or element of
the United States Government, and to employees of contractors
of such departments, agencies, and elements;
(2) ensure the consistent implementation of such standards
and procedures throughout the departments, agencies, and
elements of the United States Government; and
(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by such elements.
SEC. 133. AUTHORITIES OF NATIONAL INTELLIGENCE DIRECTOR.
(a) Access to Intelligence.--To the extent approved by the
President, the National Intelligence Director shall have
access to all intelligence related to the national security
which is collected by any department, agency, or other
element of the United States Government.
(b) Determination of Budgets for NIP and Other Intelligence
Activities.--The National Intelligence Director shall
determine the annual budget for intelligence and
intelligence-related activities of the United States
Government by--
(1) developing and presenting to the President an annual
budget for the National Intelligence Program, including, in
furtherance of such budget, the review, modification, and
approval of budgets of the elements of the intelligence
community within the National Intelligence Program utilizing
the budget authorities in subsection (d)(1);
(2) providing guidance on the development of annual budgets
for such elements of the intelligence community as are not
within the National Intelligence Program utilizing the budget
authorities in subsection (d)(2);
(3) participating in the development by the Secretary of
Defense of the annual budget for military intelligence
programs and activities outside the National Intelligence
Program;
(4) having direct jurisdiction of amounts appropriated or
otherwise made available for the National Intelligence
Program as specified in subsection (e); and
(5) managing and overseeing the execution, and, if
necessary, the modification of the annual budget for the
National Intelligence Program, including directing the
reprogramming and reallocation of funds, and the transfer of
personnel, among and between elements of the intelligence
community within the National Intelligence Program utilizing
the authorities in subsections (f) and (g).
(c) Scope of NIP and JMIP.--The National Intelligence
Director and the Secretary of Defense shall jointly review
the programs, projects, and activities under the Joint
Military Intelligence Program in order to identify the
programs, projects, and activities within the Joint Military
Intelligence Program as of the date of the enactment of this
Act that pertain to national intelligence. Any programs,
projects, and activities so identified are to be carried out
instead within the National Intelligence Program.
(d) Budget Authorities.--(1)(A) The National Intelligence
Director shall direct, coordinate, prepare, modify, and
present to the President the annual budgets of the elements
of the intelligence community within the National
Intelligence Program, in consultation with the heads of those
elements.
(B) The budget of an element of the intelligence community
within the National Intelligence Program may not be provided
to the President for transmission to Congress unless the
Director has approved such budget.
(2)(A) The Director shall provide guidance for the
development of the annual budgets for such elements of the
intelligence community as are not within the National
Intelligence Program;
(B) The heads of the elements of the intelligence community
referred to in subparagraph (A) shall coordinate closely with
the Director in the development of the budgets of such
elements, before the submission of their recommendations on
such budgets to the President.
(e) Jurisdiction of Funds Under NIP.--Notwithstanding any
other provision of law and consistent with section 504 of the
National Security Act of 1947 (50 U.S.C. 414), any amounts
appropriated or otherwise made available for the National
Intelligence Program shall be appropriated to, and under the
direct jurisdiction of, the National Intelligence Director.
(f) Role in Reprogramming.--(1) No funds made available
under the National Intelligence Program may be reprogrammed
by any element of the intelligence community within the
National Intelligence Program without the prior approval of
the National Intelligence Director except in accordance with
procedures issued by the Director.
(2) The Director shall consult with the appropriate
committees of Congress regarding modifications of existing
procedures to expedite the reprogramming of funds within the
National Intelligence Program.
(g) Transfer of Funds or Personnel Within National
Intelligence Program.--(1)(A) In addition to any other
authorities available under law for such purposes, the
National Intelligence Director, with the approval of the
Director of the Office of Management and Budget, may transfer
funds appropriated for a program within the National
Intelligence Program to another such program and, in
accordance with procedures to be developed by the National
Intelligence Director and the heads of the departments and
agencies concerned, may transfer personnel authorized for an
element of the intelligence community to another such
element.
(B) The National Intelligence Director may delegate a duty
of the Director under this subsection only to the Deputy
National Intelligence Director.
(2) A transfer of funds or personnel may be made under this
subsection only if--
(A) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
(B) the need for funds or personnel for such activity is
based on unforeseen requirements; and
(C) the transfer does not involve a transfer of funds to
the Reserve for Contingencies of the Central Intelligence
Agency.
(3) Funds transferred under this subsection shall remain
available for the same period as the appropriations account
to which transferred.
(4) Any transfer of funds under this subsection shall be
carried out in accordance with existing procedures applicable
to reprogramming notifications for the appropriate
congressional committees. Any proposed transfer for which
notice is given to the appropriate congressional committees
shall be accompanied by a report explaining the nature of the
proposed transfer and how
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it satisfies the requirements of this subsection. In
addition, the congressional intelligence committees shall be
promptly notified of any transfer of funds made pursuant to
this subsection in any case in which the transfer would not
have otherwise required reprogramming notification under
procedures in effect as of October 24, 1992.
(5) The National Intelligence Director shall promptly
submit to the congressional intelligence committees and, in
the case of the transfer of personnel to or from the
Department of Defense, the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives, a report on any transfer of personnel made
pursuant to this subsection. The Director shall include in
any such report an explanation of the nature of the transfer
and how it satisfies the requirements of this subsection.
SEC. 134. ENHANCED PERSONNEL MANAGEMENT.
(a) Rewards for Service in Certain Positions.--(1) The
National Intelligence Director shall, under regulations
prescribed by the Director, provide incentives for service on
the staff of the national intelligence centers, on the staff
of the National Counterterrorism Center, and in other
positions in support of the intelligence community management
functions of the Director.
(2) Incentives under paragraph (1) may include financial
incentives, bonuses, and such other awards and incentives as
the Director considers appropriate.
(b) Enhanced Promotion for Service Under NID.--(1)
Notwithstanding any other provision of law, the personnel of
an element of the intelligence community who are assigned or
detailed to service under the National Intelligence Director
shall be promoted at rates equivalent to or better than
personnel of such element who are not so assigned or
detailed.
(2) The Director may prescribe regulations to carry out
this section.
(c) Joint Career Matters.--(1) In carrying out section
132(a)(7), the National Intelligence Director shall prescribe
mechanisms to facilitate the rotation of personnel of the
intelligence community through various elements of the
intelligence community in the course of their careers in
order to facilitate the widest possible understanding by such
personnel of the variety of intelligence requirements,
methods, and disciplines.
(2) The mechanisms prescribed under paragraph (1) may
include the following:
(A) The establishment of special occupational categories
involving service, over the course of a career, in more than
one element of the intelligence community.
(B) The provision of rewards for service in positions
undertaking analysis and planning of operations involving two
or more elements of the intelligence community.
(C) The establishment of requirements for education,
training, service, and evaluation that involve service in
more than one element of the intelligence community.
(3) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent
practical, seek to duplicate within the intelligence
community the joint officer management policies established
by the Goldwater-Nichols Department of Defense Reorganization
Act of 1986 (Public Law 99-433) and the amendments on joint
officer management made by that Act.
SEC. 135. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN
APPOINTMENT AND TERMINATION OF CERTAIN
OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED
ACTIVITIES.
(a) Recommendation of NID in Certain Appointments.--(1) In
the event of a vacancy in a position referred to in paragraph
(3), the National Intelligence Director shall recommend to
the President an individual for nomination to fill the
vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Deputy National Intelligence Director.
(B) The Deputy National Intelligence Director for Foreign
Intelligence.
(b) Concurrence of Secretary of Defense in Certain
Appointments Recommended by NID.--(1) In the event of a
vacancy in a position referred to in paragraph (2), the
National Intelligence Director shall obtain the concurrence
of the Secretary of Defense before recommending to the
President an individual for nomination to fill such vacancy.
If the Secretary does not concur in the recommendation, the
Director may make the recommendation to the President without
the concurrence of the Secretary, but shall include in the
recommendation a statement that the Secretary does not concur
in the recommendation.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the National Security Agency.
(B) The Director of the National Reconnaissance Office.
(C) The Director of the National Geospatial-Intelligence
Agency.
(c) Concurrence of NID in Certain Appointments.--(1) In the
event of a vacancy in a position referred to in paragraph
(2), the head of the department or agency having jurisdiction
over the position shall obtain the concurrence of the
National Intelligence Director before appointing an
individual to fill the vacancy or recommending to the
President an individual to be nominated to fill the vacancy.
If the Director does not concur in the recommendation, the
head of the department or agency concerned may fill the
vacancy or make the recommendation to the President (as the
case may be) without the concurrence of the Director, but
shall notify the President that the Director does not concur
in appointment or recommendation (as the case may be).
(2) Paragraph (1) applies to the following positions:
(A) The Under Secretary of Defense for Intelligence.
(B) The Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection.
(C) The Director of the Defense Intelligence Agency.
(D) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation.
(d) Recommendation of NID in Termination of Service.--The
National Intelligence Director may recommend to the President
or the head of the department or agency concerned the
termination of service of any individual serving in any
position covered by this section.
Subtitle C--Elements of National Intelligence Authority
SEC. 141. NATIONAL COUNTERTERRORISM CENTER.
(a) National Counterterrorism Center.--There is within the
National Intelligence Authority a National Counterterrorism
Center.
(b) Director of National Counterterrorism Center.--(1)
There is a Director of the National Counterterrorism Center,
who shall be the head of the National Counterterrorism
Center, who shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate.
(2) Any individual nominated for appointment as the
Director of the National Counterterrorism Center shall have
significant expertise in matters relating to the national
security of the United States and matters relating to
terrorism that threatens the national security of the United
States.
(c) Supervision.--(1) The Director of the National
Counterterrorism Center shall report to the National
Intelligence Director on--
(A) the budget and programs of the National
Counterterrorism Center;
(B) the activities of the Directorate of Intelligence of
the National Counterterrorism Center under subsection (f);
and
(C) the conduct of intelligence operations implemented by
other elements of the intelligence community.
(2) The Director of the National Counterterrorism Center
shall report directly to the President and the National
Security Council on the planning and progress of joint
counterterrorism operations (other than intelligence
operations).
(d) Primary Missions.--The primary missions of the National
Counterterrorism Center shall be as follows:
(1) To unify strategy for the civilian and military
counterterrorism efforts of the United States Government.
(2) To effectively integrate counterterrorism intelligence
and operations across agency boundaries, both inside and
outside the United States.
(e) Duties and Responsibilities of Director.--
Notwithstanding any other provision of law, at the direction
of the President and the National Security Council, the
Director of the National Counterterrorism Center shall--
(1) serve, through the National Intelligence Director, as
the principal adviser to the President on intelligence
operations relating to counterterrorism;
(2) provide unified strategic direction for the civilian
and military counterterrorism efforts of the United States
Government and for the effective integration of
counterterrorism intelligence and operations across agency
boundaries, both inside and outside the United States;
(3) advise the President and the National Intelligence
Director on the extent to which the counterterrorism program
recommendations and budget proposals of the departments,
agencies, and elements of the United States Government
conform to the priorities established by the President and
the National Security Council;
(4) concur in, or advise the President on, the selections
of personnel to head the operating entities of the United
States Government with principal missions relating to
counterterrorism, including the head of the Central
Intelligence Agency's Counterterrorist Center, the head of
the Counterterrorism Division of the Federal Bureau of
Investigation, the coordinator for counterterrorism of the
Department of State, and the commanders of the Special
Operations Command and the Northern Command within the
Department of Defense; and
(5) perform such other duties as the National Intelligence
Director may prescribe or are prescribed by law.
(f) Directorate of Intelligence.--(1) The Director of the
National Counterterrorism Center shall establish and maintain
within the National Counterterrorism Center a Directorate of
Intelligence.
(2) The Directorate shall utilize the capabilities of the
Terrorist Threat Integration Center (TTIC) transferred to the
Directorate by section 182 and such other capabilities as the
Director of the National Counterterrorism Center considers
appropriate.
[[Page S8892]]
(3) The Directorate shall have primary responsibility
within the United States Government for analysis of terrorism
and terrorist organizations from all sources of intelligence,
whether collected inside or outside the United States.
(4) The Directorate shall--
(A) be the principal repository within the United States
Government for all-source information on suspected
terrorists, their organizations, and their capabilities;
(B) propose intelligence collection requirements for action
by elements of the intelligence community inside and outside
the United States;
(C) have primary responsibility within the United States
Government for net assessments and warnings about terrorist
threats, which assessments and warnings shall be based on a
comparison of terrorist capabilities with assessed national
vulnerabilities; and
(D) perform such other duties and functions as the Director
of the National Counterterrorism Center may prescribe.
(g) Directorate of Operations.--(1) The Director of the
National Counterterrorism Center shall establish and maintain
within the National Counterterrorism Center a Directorate of
Operations.
(2)(A) The Directorate shall have primary responsibility
within the United States Government for providing guidance
and plans, including strategic plans, for joint
counterterrorism operations conducted by the United States
Government.
(B) For purposes of subparagraph (A), joint
counterterrorism operations are counterterrorism operations
that--
(i) involve, or are likely to involve, more than one
executive agency of the United States Government (including
the Armed Forces of the United States); or
(ii) are designated as joint operations by the Director of
the National Counterterrorism Center.
(3) The Directorate shall--
(A) provide guidance, and develop strategy and plans for
operations, to counter terrorist activities based on policy
objectives and priorities established by the National
Security Council;
(B) develop plans under subparagraph (A) utilizing input
from personnel in other departments, agencies, and elements
of the United States Government who have expertise in the
priorities, functions, assets, programs, capabilities, and
operations of such departments, agencies, and elements with
respect to counterterrorism;
(C) assign responsibilities for counterterrorism operations
to the departments, agencies, and elements of the United
States Government (including the Department of Defense and
the Armed Forces, the Central Intelligence Agency, the
Federal Bureau of Investigation, the Department of Homeland
Security, and other departments, agencies, and elements of
the United States Government), consistent with the
authorities of such departments, agencies, and elements,
which operations shall be conducted by the department,
agency, or element to which assigned and, in the case of
operations assigned to units of the Armed Forces, shall
require the concurrence of the Secretary of Defense;
(D) monitor the implementation of operations assigned under
subparagraph (C) and update plans for such operations as
necessary;
(E) report to the President and the National Intelligence
Director on the compliance of the departments, agencies, and
elements of the United States with the plans developed under
subparagraph (A); and
(F) perform such other duties and functions as the Director
of the National Counterterrorism Center may prescribe.
(4) The Directorate may not direct the execution of
operations assigned under paragraph (3).
(h) Staff.--(1) The Director of the National
Counterterrorism Center may, in the discretion of the
Director, appoint deputy directors of the National
Counterterrorism Center to oversee such portions of the
operations of the National Counterterrorism Center as the
Director considers appropriate.
(2) To assist the Director of the National Counterterrorism
Center in fulfilling the duties and responsibilities of the
Director under this section, the Director shall employ and
utilize in the National Counterterrorism Center a
professional staff having an expertise in matters relating to
such duties and responsibilities.
(3) In providing for a professional staff for the National
Counterterrorism Center under paragraph (2), the Director of
the National Counterterrorism Center may establish as
positions in the excepted service such positions in the
Center as the Director considers appropriate.
(4) The Director of the National Counterterrorism Center
shall ensure, with the approval of the National Intelligence
Director, that the analytical staff of the National
Counterterrorism Center is comprised primarily of experts
from elements in the intelligence community and from such
other personnel in the United States Government as the
Director of the National Counterterrorism Center considers
appropriate.
(5)(A) In order to meet the requirement in paragraph (4),
the National Intelligence Director shall--
(i) transfer to the staff of the National Counterterrorism
Center any personnel of another element of the intelligence
community that the National Intelligence Director considers
appropriate; and
(ii) in the case of personnel from a department, agency, or
element of the United States Government outside the
intelligence community, request the transfer of such
personnel from the department, agency, or element concerned.
(B) The head of a department, agency, or element of the
United States Government receiving a request for the transfer
of personnel under subparagraph (A)(ii) shall, to the extent
practicable, approve the request.
(6) The National Intelligence Director shall ensure that
the staff of the National Counterterrorism Center has access
to all databases maintained by the elements of the
intelligence community that are relevant to the duties of the
Center.
(7) The Director of the National Counterterrorism Center
shall evaluate the staff of the National Counterterrorism
Center in the performance of their duties.
(i) Support and Cooperation of Other Agencies.--(1) The
elements of the intelligence community and the other
departments, agencies, and elements of the United States
Government shall support, assist, and cooperate with the
National Counterterrorism Center in carrying out its missions
under this section.
(2) The support, assistance, and cooperation of a
department, agency, or element of the United States
Government under this subsection shall include, but not be
limited to--
(A) the implementation of plans for operations, whether
foreign or domestic, that are developed by the National
Counterterrorism Center in a manner consistent with the laws
and regulations of the United States;
(B) cooperative work with the Director of the National
Counterterrorism Center to ensure that ongoing operations of
such department, agency, or element do not conflict with
joint operations planned by the Center;
(C) reports, upon request, to the Director of the National
Counterterrorism Center on the progress of such department,
agency, or element in implementing responsibilities assigned
to such department, agency, or element through joint
operations plans; and
(D) the provision to the analysts of the National
Counterterrorism Center electronic access in real time to
information and intelligence collected by such department,
agency, or element that is relevant to the mission of the
Center.
(3)(A) In the event of a disagreement between the National
Counterterrorism Center and the head of a department, agency,
or element of the United States Government on a plan
developed or responsibility assigned by the Center under this
section, the Director of the National Counterterrorism Center
shall notify the National Security Council of the
disagreement.
(B) The National Security Council shall resolve each
disagreement of which the Council is notified under
subparagraph (A).
SEC. 142. NATIONAL INTELLIGENCE CENTERS.
(a) National Intelligence Centers.--(1) The National
Intelligence Director shall establish within the National
Intelligence Authority centers (to be known as ``national
intelligence centers'') to address intelligence priorities
established by the National Security Council.
(2) Each national intelligence center shall be assigned an
area of intelligence responsibility, whether expressed in
terms of a geographic region, in terms of function, or in
other terms.
(3) National intelligence centers shall be established at
the direction of the President, as prescribed by law, or upon
the initiative of the National Intelligence Director.
(b) Establishment of Centers.--(1) In establishing a
national intelligence center, the National Intelligence
Director shall assign lead responsibility for such center to
an element of the intelligence community selected by the
Director for that purpose.
(2) The Director shall determine the structure and size of
each national intelligence center.
(3) The Director shall notify Congress of the establishment
of a national intelligence center at least 30 days before the
date of the establishment of the center.
(c) Directors of Centers.--(1) Each national intelligence
center shall have as its head a Director who shall be
appointed by the National Intelligence Director for that
purpose.
(2) The Director of a national intelligence center shall
serve as the principal adviser to the National Intelligence
Director on intelligence matters with respect to the area of
intelligence responsibility assigned to the center.
(3) In carrying out duties under paragraph (3), the
Director of a national intelligence center shall--
(A) manage the operations of the center;
(B) coordinate the provision of administration and support
by the element of the intelligence community with lead
responsibility for the center under subsection (b)(1);
(C) submit budget and personnel requests for the center to
the National Intelligence Director;
(D) seek such assistance from other departments, agencies,
and elements of the United States Government as are needed to
fulfill the mission of the center; and
(E) advise the National Intelligence Director of the
information technology, personnel, and other requirements of
the center for the performance of its mission.
[[Page S8893]]
(4) The National Intelligence Director shall ensure that
the Director of a national intelligence center has sufficient
authority, direction, and control over the center to
effectively accomplish the mission of the center.
(d) Mission of Centers.--(1) Each national intelligence
center shall provide all-source analysis of intelligence and
propose intelligence collection requirements in the area of
intelligence responsibility assigned to the center by the
National Intelligence Director pursuant to intelligence
priorities established by the National Security Council.
(2) Within its area of intelligence responsibility, a
national intelligence center shall--
(A) have primary responsibility for strategic analysis of
intelligence, fusing all-source intelligence from foreign and
domestic sources;
(B) be the principal repository within the United States
Government for all-source information;
(C) identify and propose requirements and priorities for
intelligence collection;
(D) have primary responsibility within the United States
Government for net assessments, where applicable, and
warnings;
(E) ensure that appropriate officials of the United States
Government and other appropriate individuals have access to a
variety of intelligence assessments and analytical views;
(F) provide advice and guidance to the President, the
National Security Council, the National Intelligence
Director, and the heads of other appropriate departments,
agencies, and elements of the United States Government; and
(G) perform such other duties and responsibilities as the
National Intelligence Director may prescribe.
(e) Information Sharing.--(1) The National Intelligence
Director shall ensure that the Directors of the national
intelligence centers and the other elements of the
intelligence community undertake appropriate sharing of
intelligence analysis and plans for operations in order to
facilitate the activities of the centers.
(2) In order to facilitate information sharing under
paragraph (1), the Directors of the national intelligence
centers shall--
(A) report directly to the National Intelligence Director
regarding their activities under this section; and
(B) coordinate with the Deputy National Intelligence
Director regarding such activities.
(f) Termination of Centers.--(1) The National Intelligence
Director may terminate a national intelligence center if the
National Intelligence Director determines that the center is
no longer required to meet an intelligence priority
established by the National Security Council.
(2) The National Intelligence Director shall notify
Congress of the termination of a national intelligence center
at least 30 days before the date of the termination of the
center.
(g) Staff of Centers.--(1) The head of an element of the
intelligence community shall assign or detail to a national
intelligence center such personnel as the National
Intelligence Director considers appropriate to carry out the
mission of the center.
(2) Personnel assigned or detailed to a national
intelligence center under paragraph (1) shall be under the
authority, direction, and control of the Director of the
center on all matters for which the center has been assigned
responsibility and for all matters related to the
accomplishment of the mission of the center.
(3) Performance evaluations of personnel assigned or
detailed to a national intelligence center under this
subsection shall be undertaken by the supervisors of such
personnel at the center.
(4) The supervisors of the staff of a national center may,
with the approval of the National Intelligence Director,
reward the staff of the center for meritorious performance by
the provision of such performance awards as the National
Intelligence Director shall prescribe.
(5) The Director of a national intelligence center may
recommend to the National Intelligence Director the
reassignment to the home element concerned of any personnel
previously assigned or detailed to the center from another
element of the intelligence community.
(h) Support.--The element of the intelligence community
assigned lead responsibility for a national intelligence
center under subsection (b)(1) shall be responsible for the
provision of administrative support for the center, including
the provision of funds to the center necessary for the
administration of the center.
Subtitle D--Additional Authorities of National Intelligence Authority
SEC. 151. USE OF APPROPRIATED FUNDS.
(a) Disposal of Property.--(1) If specifically authorized
to dispose of real property of the National Intelligence
Authority under any law enacted after the date of the
enactment of this Act, the National Intelligence Director
shall, subject to paragraph (2), exercise such authority in
strict compliance with subchapter IV of chapter 5 of title
40, United States Code.
(2) The Director shall deposit the proceeds of any disposal
of property of the National Intelligence Authority into the
miscellaneous receipts of the Treasury in accordance with
section 3302(b) of title 31, United States Code.
(b) Gifts.--Gifts or donations of services or property of
or for the National Intelligence Authority may not be
accepted, used, or disposed of unless specifically permitted
in advance in an appropriations Act and only under the
conditions and for the purposes specified in such
appropriations Act.
SEC. 152. PROCUREMENT AUTHORITIES.
(a) In General.--In the performance of its functions, the
National Intelligence Authority may exercise the authorities
referred to in section 3(a) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403c(a)).
(b) Treatment as Head of Agency.--For the purpose of the
exercise of any authority referred to in subsection (a) with
respect to the National Intelligence Authority, a reference
to the head of an agency shall be deemed to be a reference to
the National Intelligence Director or the Deputy National
Intelligence Director.
(c) Determination and Decisions.--(1) Any determination or
decision to be made under an authority referred to in
subsection (a) by the head of an agency may be made with
respect to individual purchases and contracts or with respect
to classes of purchases or contracts, and shall be final.
(2) Except as provided in paragraph (3), the National
Intelligence Director or the Deputy National Intelligence
Director may, in such official's discretion, delegate to any
officer or other official of the National Intelligence
Authority any authority to make a determination or decision
as the head of the agency under an authority referred to in
subsection (a).
(3) The limitations and conditions set forth in section
3(d) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403c(d)) shall apply to the exercise by the National
Intelligence Agency of an authority referred to in subsection
(a).
(4) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the
Central Intelligence Agency Act of 1949 shall be based upon
written findings made by the official making such
determination or decision, which findings shall be final and
shall be available within the National Intelligence Authority
for a period of at least six years following the date of such
determination or decision.
SEC. 153. PERSONNEL MATTERS.
(a) In General.--In addition to the authorities provided in
section 134, the National Intelligence Director may exercise
with respect to the personnel of the National Intelligence
Authority any authority of the Director of the Central
Intelligence Agency with respect to the personnel of the
Central Intelligence Agency under the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment
of this Act to the same extent, and subject to the same
conditions and limitations, that the Director of the Central
Intelligence Agency may exercise such authority with respect
to personnel of the Central Intelligence Agency.
(b) Rights and Protections of Employees and Applicants.--
Employees and applicants for employment of the National
Intelligence Authority shall have the same rights and
protections under the Authority as employees of the Central
Intelligence Agency have under the Central Intelligence
Agency Act of 1949, and other applicable provisions of law,
as of the date of the enactment of this Act.
SEC. 154. ETHICS MATTERS.
(a) Political Service of Personnel.--Section
7323(b)(2)(B)(i) of title 5, United States Code, is amended--
(1) in subclause (XII), by striking ``or'' at the end; and
(2) by inserting after subclause (XIII) the following new
subclause:
``(XIV) the National Intelligence Authority; or''.
(b) Deletion of Information About Foreign Gifts.--Section
7342(f)(4) of title 5, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated, by striking
``the Director of Central Intelligence'' and inserting ``the
Director of the Central Intelligence Agency''; and
(3) by adding at the end the following new subparagraph:
``(B) In transmitting such listings for the National
Intelligence Authority, the National Intelligence Director
may delete the information described in subparagraphs (A) and
(C) of paragraphs (2) and (3) if the Director certifies in
writing to the Secretary of State that the publication of
such information could adversely affect United States
intelligence sources.''.
(c) Exemption from Financial Disclosures.--Section
105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) is
amended by inserting ``the National Intelligence Authority,''
before ``the Central Intelligence Agency''.
Subtitle E--Additional Improvements of Intelligence Activities
SEC. 161. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE
FUNDING INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President
shall disclose to the public for each fiscal year after
fiscal year 2005--
(1) the aggregate amount of appropriations requested in the
budget of the President for the fiscal year concerned for the
intelligence and intelligence-related activities of the
United States Government; and
(2) the aggregate amount of appropriations requested in the
budget of the President for the fiscal year concerned for
each element or component of the intelligence community.
(b) Amounts Appropriated Each Fiscal Year.--Congress shall
disclose to the public for each fiscal year after fiscal year
2005--
[[Page S8894]]
(1) the aggregate amount of funds appropriated by Congress
for the fiscal year concerned for the intelligence and
intelligence-related activities of the United States
Government; and
(2) the aggregate amount of funds appropriated by Congress
for the fiscal year concerned for each element or component
of the intelligence community.
SEC. 162. MERGER OF HOMELAND SECURITY COUNCIL INTO NATIONAL
SECURITY COUNCIL.
(a) Merger of Homeland Security Council Into National
Security Council.--Section 101 of the National Security Act
of 1947 (50 U.S.C. 402) is amended--
(1) in the fourth undesignated paragraph of subsection (a),
by striking clauses (5) and (6) and inserting the following
new clauses:
``(5) the Attorney General;
``(6) the Secretary of Homeland Security;''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(3) assess the objectives, commitments, and risks of the
United States in the interests of homeland security and make
recommendations to the President based on such assessments;
``(4) oversee and review the homeland security policies of
the Federal Government and make recommendations to the
President based on such oversight and review; and
``(5) perform such other functions as the President may
direct.''.
(c) Repeal of Superseded Authority.--(1) Title IX of the
Homeland Security Act of 2002 (6 U.S.C. 491 et seq.) is
repealed.
(2) The table of contents for that Act is amended by
striking the items relating to title IX.
SEC. 163. REFORM OF CENTRAL INTELLIGENCE AGENCY.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Covert operations tend to be highly tactical and
require close attention. The Central Intelligence Agency
should retain responsibility for the direction and execution
of clandestine and covert operations. The Central
Intelligence Agency should also concentrate on building
capabilities to carry out such operations and on providing
personnel who will be directing and executing such operations
in the field.
(2) The reconstitution of the analytic and human
intelligence collection capabilities of the Central
Intelligence Agency requires the undiverted attention of the
head of the Central Intelligence Agency.
(b) Transformation of Central Intelligence Agency.--The
Director of the Central Intelligence Agency shall transform
the intelligence and intelligence-related capabilities of the
Central Intelligence Agency by--
(1) building the human intelligence capabilities of the
clandestine service;
(2) building the analytic capabilities of the Agency;
(3) developing a stronger language program;
(4) renewing emphasis on the recruitment of operations
officers of diverse background who can blend in more easily
in foreign cities;
(5) ensuring a seamless relationship between human source
collection and signals collection at the operational level;
and
(6) providing for a better balance between unilateral
operations and liaison operations.
(c) Retention of Responsibility for Clandestine and Covert
Operations.--The Central Intelligence Agency shall retain
responsibility for the direction and execution of clandestine
and covert operations as authorized by the President or the
National Intelligence Director and assigned by a national
intelligence center.
SEC. 164. PARAMILITARY OPERATIONS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Prior to September 11, 2001, the Central Intelligence
Agency relied on proxies to conduct paramilitary operations,
with unsatisfactory results.
(2) The United States cannot afford to build two separate
capabilities for carrying out paramilitary operations, and
therefore should concentrate responsibility and necessary
legal authority for such operations in one entity.
(3) In conducting future paramilitary operations, Central
Intelligence Agency experts should be integrated into
military training, exercises, and planning, and lead
responsibility for directing and executing paramilitary
operations should rest with the Department of Defense.
(b) Sense of Congress on Lead Responsibility for
Paramilitary Operations.--The Secretary of Defense should
have lead responsibility for directing and executing
paramilitary operations, whether clandestine or covert.
(c) Sense of Congress on Discharge Through Special
Operations Command.--In carrying out the responsibility under
subsection (b) the Secretary of Defense should--
(1) assign the Special Operations Command lead
responsibility within the Department of Defense for
paramilitary operations; and
(2) consolidate responsibility for such operations with the
capabilities for training, direction, and execution of such
operations.
(d) Sense of Congress on Joint Planning.--The Secretary of
Defense and the Director of the Central Intelligence Agency
should work jointly to plan paramilitary operations.
(e) Paramilitary Operations Defined.--In this section, the
term ``paramilitary operations'' means operations that, by
their tactics and requirements in military-type personnel,
equipment, and training, approximate conventional military
operations, but that are distinguished from conventional
military operations through reliance on light infantry, less
capability to carry out sustained combat operations involving
heavy weapons and less capability of sustaining long-term
logistical support.
SEC. 165. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE
FEDERAL BUREAU OF INVESTIGATION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The Federal Bureau of Investigation has made
significant progress in improving its intelligence
capabilities.
(2) The Federal Bureau of Investigation must fully
institutionalize the shift of the Bureau to a preventive
counterterrorism posture.
(b) Improvement of Intelligence Capabilities.--The Director
of the Federal Bureau of Investigation shall continue efforts
to improve the intelligence capabilities of the Bureau and to
develop and maintain within the Bureau a national security
workforce.
(c) National Security Workforce.--(1) In developing and
maintaining a national security workforce under subsection
(b), the Director of the Federal Bureau of Investigation
shall, subject to the direction and control of the President,
develop and maintain a specialized and integrated national
security workforce consisting of agents, analysts, linguists,
and surveillance specialists who are recruited, trained, and
rewarded in a manner which ensures the existence within the
Bureau of an institutional culture with substantial expertise
in, and commitment to, the intelligence and national security
missions of the Bureau.
(2) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both
criminal justice matters and national security matters.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent
practicable, be given the opportunity to undergo, during such
agent's early service with the Bureau, meaningful assignments
in criminal justice matters and in national security matters.
(4) The Director shall--
(A) require agents and analysts of the Bureau to specialize
in either criminal justice matters or national security
matters; and
(B) in furtherance of the requirement under subparagraph
(A) and to the maximum extent practicable, afford agents and
analysts of the Bureau the opportunity to work in the
specialty selected by such agents and analysts over their
entire career with the Bureau.
(5) The Director shall carry out a program to enhance the
capacity of the Bureau to recruit and retain individuals with
backgrounds in intelligence, international relations,
language, technology, and other skills relevant to the
intelligence and national security missions of the Bureau.
(6) The Director shall, to the maximum extent practicable,
afford the analysts of the Bureau training and career
opportunities commensurate with the training and career
opportunities afforded analysts in other elements of the
intelligence community.
(7) Commencing as soon as practicable after the date of the
enactment of this Act, each senior manager of the Bureau
shall be a certified intelligence officer.
(8) The Director shall, to the maximum extent practicable,
ensure that the successful completion of advanced training
courses, and of one or more assignments to another element of
the intelligence community, is a precondition to advancement
to higher level national security assignments within the
Bureau.
(d) Field Office Matters.--(1) In improving the
intelligence capabilities of the Federal Bureau of
Investigation under subsection (b), the Director of the
Federal Bureau of Investigation shall ensure that each field
office of the Bureau has an official at the deputy level or
higher with responsibility for national security matters.
(2) The Director shall provide for such expansion of the
secure facilities in the field offices of the Bureau as is
necessary to ensure the discharge by the field offices of the
intelligence and national security missions of the Bureau.
(3) The Director shall take appropriate actions to ensure
the integration of analysts, agents, linguists, and
surveillance personnel in the field.
(e) Budget Matters.--The Director of the Federal Bureau of
Investigation shall, in consultation with the Director of the
Office of Management and Budget, modify the budget structure
of the Federal Bureau of Investigation in order to organize
the budget according to the four principal missions of the
Bureau as follows:
(1) Intelligence.
(2) Counterterrorism and counterintelligence.
[[Page S8895]]
(3) Crime.
(4) Criminal justice services.
(f) Reports.--(1)(A) Not later than 180 days after the date
of the enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to Congress a report on
the progress made as of the date of such report in carrying
out the requirements of this section.
(B) The report required by subparagraph (A) shall include
an estimate of the resources required to complete the
expansion of secure facilities to carry out the national
security mission of the field offices of the Federal Bureau
of Investigation.
(2) The Director shall include in each semiannual program
review of the Bureau that is submitted to Congress a report
on the progress made by each field office of the Bureau
during the period covered by such review in addressing Bureau
and national program priorities.
(3) Not later than 180 days after the date of the enactment
of this Act, and every six months thereafter, the Director
shall submit to Congress a report assessing the
qualifications, status, and roles of analysts at Bureau
headquarters and in the field offices of the Bureau.
(4) Not later than 180 days after the date of the enactment
of this Act, and every six months thereafter, the Director
shall submit to Congress a report on the progress of the
Bureau in implementing information-sharing principles.
(5) A report required by this subsection shall be
submitted--
(A) to each committee of Congress that has jurisdiction
over the subject matter of such report; and
(B) in an unclassified form, but may include a classified
annex.
SEC. 166. REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY
REFORM.
Not later than one year after the date of the enactment of
this Act, the National Intelligence Director shall submit to
Congress a report on the progress made in the implementation
of this title, including the amendments made by this title.
The report shall include a comprehensive description of the
progress made, and may include such recommendations for
additional legislative or administrative action as the
Director considers appropriate.
Subtitle F--Conforming and Other Amendments
SEC. 171. RESTATEMENT AND MODIFICATION OF BASIC AUTHORITY OF
THE CENTRAL INTELLIGENCE AGENCY.
Title I of the National Security Act of 1947 (50 U.S.C. 402
et seq.) is amended by striking sections 102 through 104 and
inserting the following new sections:
``central intelligence agency
``Sec. 102. (a) Central Intelligence Agency.--There is a
Central Intelligence Agency.
``(b) Function.--The function of the Central Intelligence
Agency is to assist the Director of the Central Intelligence
Agency in carrying out the responsibilities specified in
section 103(c).
``director of the Central Intelligence Agency
``Sec. 103. (a) Director of Central Intelligence Agency.--
(1) There is a Director of the Central Intelligence Agency
who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Director of the Central Intelligence Agency also
serves as the Deputy National Intelligence Director for
Foreign Intelligence under section 114(b) of the National
Intelligence Authority Act of 2004 and, in that capacity, has
the duties and responsibilities provided for in paragraph (3)
of that section.
``(b) Duties.--In the capacity as Director of the Central
Intelligence Agency, the Director of the Central Intelligence
Agency shall--
``(1) carry out the responsibilities specified in
subsection (c); and
``(2) serve as the head of the Central Intelligence Agency.
``(c) Responsibilities.--The Director of the Central
Intelligence Agency shall--
``(1) collect intelligence through human sources and by
other appropriate means, except that the Director of the
Central Intelligence Agency shall have no police, subpoena,
or law enforcement powers or internal security functions;
``(2) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of
such intelligence;
``(3) perform such additional services as are of common
concern to the elements of the intelligence community, which
services the National Intelligence Director determines can be
more efficiently accomplished centrally; and
``(4) perform such other functions and duties related to
intelligence affecting the national security as the
President, the National Security Council, or the National
Intelligence Director may direct.
``(d) Termination of Employment of CIA Employees.--(1)
Notwithstanding the provisions of any other law, the Director
of the Central Intelligence Agency may, in the discretion of
the Director, terminate the employment of any officer or
employee of the Central Intelligence Agency whenever the
Director considers the termination of employment of such
officer or employee necessary or advisable in the interests
of the United States.
``(2) Any termination of employment of an officer or
employee under paragraph (1) shall not affect the right of
the officer or employee to seek or accept employment in any
other department, agency, or element of the United States
Government if declared eligible for such employment by the
Office of Personnel Management.''.
SEC. 172. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL
INTELLIGENCE DIRECTOR AND DIRECTOR OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) National Security Act of 1947.--(1) The National
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by
striking ``Director of Central Intelligence'' each place it
appears in the following provisions and inserting ``National
Intelligence Director'':
(A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(E) Section 101(j) (50 U.S.C. 402(j)).
(F) Section 105(a) (50 U.S.C. 403-5(a)).
(G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(I) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place
it appears.
(J) Section 110(b) (50 U.S.C. 404e(b)).
(K) Section 110(c) (50 U.S.C. 404e(c)).
(L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(S) Section 115(b) (50 U.S.C. 404j(b)).
(T) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(U) Section 116(a) (50 U.S.C. 404k(a)).
(V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(W) Section 303(a) (50 U.S.C. 405(a)), both places it
appears.
(X) Section 501(d) (50 U.S.C. 413(d)).
(Y) Section 502(a) (50 U.S.C. 413a(a)).
(Z) Section 502(c) (50 U.S.C. 413a(c)).
(AA) Section 503(b) (50 U.S.C. 413b(b)).
(BB) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(CC) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(DD) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(EE) Section 603(a) (50 U.S.C. 423(a)).
(FF) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(GG) Section 702(a)(6)(B)(viii) (50 U.S.C.
432(a)(6)(B)(viii)).
(HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places
it appears.
(II) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(JJ) Section 703(a)(6)(B)(viii) (50 U.S.C.
432a(a)(6)(B)(viii)).
(KK) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places
it appears.
(LL) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(MM) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(NN) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places
it appears.
(OO) Section 1001(a) (50 U.S.C. 441g(a)).
(PP) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(QQ) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
(RR) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(SS) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking ``of Central
Intelligence'' each place it appears in the following
provisions:
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place
it appears.
(3) That Act is further amended by striking ``Director''
each place it appears in the following provisions and
inserting ``National Intelligence Director'':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it
appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended
by striking ``Director of Central Intelligence'' and
inserting ``National Intelligence Director, the Director of
the Central Intelligence Agency''
(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is
amended by striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence Agency''.
(6) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking ``Operational files of
the Central Intelligence Agency may be exempted by the
Director of Central Intelligence'' and inserting ``The
Director of the Central Intelligence Agency, with the
coordination of the National Intelligence Director, may
exempt operational files of the Central Intelligence
Agency''; and
(B) in subsection (g)(1), by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central
Intelligence Agency and the National Intelligence Director''.
(7) The heading for section 114 of that Act (50 U.S.C.
404i) is amended to read as follows:
``additional annual reports from the national intelligence director''.
(b) Central Intelligence Agency Act of 1949.--(1) The
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended
[[Page S8896]]
by striking ``Director of Central Intelligence'' each place
it appears in the following provisions and inserting
``National Intelligence Director'':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it
appears.
(2) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(D) Section 20(c) (50 U.S.C. 403t(c)).
(3) That Act is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of the Central
Intelligence Agency'':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it
appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) Central Intelligence Agency Retirement Act.--Section
101 of the Central Intelligence Agency Retirement Act (50
U.S.C. 2001) is amended by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) Director.--The term `Director' means the Director of
the Central Intelligence Agency.''.
(d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of
section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 2001 note) is amended to read
as follows:
``(1) the term `Director' means the Director of the Central
Intelligence Agency;''.
(e) Foreign Intelligence Surveillance Act of 1978.--(1) The
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``National
Intelligence Director''.
(f) Classified Information Procedures Act.--Section 9(a) of
the Classified Information Procedures Act (5 U.S.C. App.) is
amended by striking ``Director of Central Intelligence'' and
inserting ``National Intelligence Director''.
(g) Intelligence Authorization Acts.--
(1) Public law 103-359.--Section 811(c)(6)(C) of the
Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103-359) is amended by striking
``Director of Central Intelligence'' and inserting ``National
Intelligence Director''.
(2) Public law 107-306.--(A) The Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306) is amended by
striking ``Director of Central Intelligence, acting as the
head of the intelligence community,'' each place it appears
in the following provisions and inserting ``National
Intelligence Director'':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
(B) That Act is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``National Intelligence Director'':
(i) Section 902(a)(2) (50 U.S.C. 402b(a)(2)).
(ii) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
(iii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
(iv) Section 904(h) (50 U.S.C. 402c(h)), each place it
appears.
(v) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n-1) is amended
by striking ``Director of Central Intelligence, acting as the
head of the intelligence community, shall establish in the
Central Intelligence Agency'' and inserting ``National
Intelligence Director shall establish within the Central
Intelligence Agency''.
(D) Section 352(b) of that Act (50 U.S.C. 404-3 note) is
amended by striking ``Director'' and inserting ``National
Intelligence Director''.
(3) Public law 108-177.--(A) The Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108-177) is amended by
striking ``Director of Central Intelligence'' each place it
appears in the following provisions and inserting ``National
Intelligence Director'':
(i) Section 317(a) (50 U.S.C. 403-3 note).
(ii) Section 317(h)(1).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both places it
appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is
amended by striking ``Director'' the first place it appears
and inserting ``National Intelligence Director''.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is
amended by striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence Agency''.
SEC. 173. OTHER CONFORMING AMENDMENTS
(a) National Security Act of 1947.--(1) Section 101(j) of
the National Security Act of 1947 (50 U.S.C. 402(j)) is
amended by striking ``Deputy Director of Central
Intelligence'' and inserting ``Deputy National Intelligence
Director''.
(2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is
amended by striking ``section 103(c)(6) of this Act'' and
inserting ``section 132(a)(9) of the National Intelligence
Authority Act of 2004''.
(3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is
amended by striking ``to the Deputy Director of Central
Intelligence, or with respect to employees of the Central
Intelligence Agency, the Director may delegate such authority
to the Deputy Director for Operations'' and inserting ``to
the Deputy National Intelligence Director, or with respect to
employees of the Central Intelligence Agency, to the Director
of the Central Intelligence Agency''.
(4) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1))
is amended by striking ``Office of the Deputy Director of
Central Intelligence'' and inserting ``Office of the National
Intelligence Director''.
(5) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking ``Office of the Director of Central
Intelligence'' and inserting ``Office of the National
Intelligence Director''.
(6) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is
amended by striking ``Assistant Director of Central
Intelligence for Administration'' and inserting ``Office of
the National Intelligence Director''.
(b) Central Intelligence Act of 1949.--Section 6 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is
amended by striking ``section 103(c)(7) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)(7))'' and inserting
``section 132(a)(9) of the National Intelligence Authority
Act of 2004''.
(c) Central Intelligence Agency Retirement Act.--Section
201(c) of the Central Intelligence Agency Retirement Act (50
U.S.C. 2011(c)) is amended by striking ``paragraph (6) of
section 103(c) of the National Security Act of 1947 (50
U.S.C. 403-3(c)) that the Director of Central Intelligence''
and inserting ``section 132(a)(9) of the National
Intelligence Authority Act of 2004 that the National
Intelligence Director''.
(d) Intelligence Authorization Acts.--
(1) Public law 107-306.--(A) Section 343(c) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public
Law 107-306; 50 U.S.C. 404n-2(c)) is amended by striking
``section 103(c)(6) of the National Security Act of 1947 (50
U.S.C. 403-3((c)(6))'' and inserting ``section 132(a)(9) of
the National Intelligence Authority Act of 2004''.
(B) Section 904 of that Act (50 U.S.C. 402c) is amended--
(i) in subsection (c), by striking ``Office of the Director
of Central Intelligence'' and inserting ``Office of the
National Intelligence Director''; and
(ii) in subsection (l), by striking ``Office of the
Director of Central Intelligence'' and inserting ``Office of
the National Intelligence Director''.
(2) Public law 108-177.--Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177;
50 U.S.C. 403-3 note) is amended--
(A) in subsection (g), by striking ``Assistant Director of
Central Intelligence for Analysis and Production'' and
inserting ``Deputy National Intelligence Director''; and
(B) in subsection (h)(2)(C), by striking ``Assistant
Director'' and inserting ``Deputy National Intelligence
Director''.
SEC. 174. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL
SECURITY ACT OF 1947.
Paragraph (4) of section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended to read as follows:
``(4) The term `intelligence community' includes the
following:
``(A) The National Intelligence Authority.
``(B) The Central Intelligence Agency.
``(C) The National Security Agency.
``(D) The Defense Intelligence Agency.
``(E) The National Geospatial-Intelligence Agency.
``(F) The National Reconnaissance Office.
``(G) Other offices within the Department of Defense for
the collection of specialized national intelligence through
reconnaissance programs.
``(H) The intelligence elements of the Army, the Navy, the
Air Force, the Marine Corps, the Federal Bureau of
Investigation, and the Department of Energy.
``(I) The Bureau of Intelligence and Research of the
Department of State.
``(J) The Office of Intelligence and Analysis of the
Department of the Treasury.
``(K) The elements of the Department of Homeland Security
concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
``(L) Such other elements of any other department or agency
as may be designated by the President, or designated jointly
by the National Intelligence Director and the head of the
department or agency concerned, as an element of the
intelligence community.''.
SEC. 175. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE
PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.
(a) Redesignation.--Paragraph (6) of section 3 of the
National Security Act of 1947 (50 U.S.C. 401a) is amended to
read as follows:
``(6) The term `National Intelligence Program'--
``(A)(i) refers to all national intelligence programs,
projects, and activities of the elements of the intelligence
community; and
``(ii) includes all programs, projects, and activities
(whether or not pertaining to national intelligence) of the
National Intelligence Authority, the Central Intelligence
Agency, the National Security Agency, the National
Geospatial-Intelligence Agency, the National Reconnaissance
Office, the Office of Intelligence of the Federal Bureau of
Investigation, and the Directorate of Information Analysis
and Infrastructure Protection of the Department of Homeland
Security; but
``(B) does not refer--
[[Page S8897]]
``(i) to any program, project, or activity pertaining
solely to the requirements of a single department, agency, or
element of the United States Government; or
``(ii) to any program, project, or activity of the military
departments to acquire intelligence solely for the planning
and conduct of tactical military operations by the United
States Armed Forces.''.
(b) Conforming Amendments.--(1) The National Security Act
of 1947, as amended by this Act, is further amended by
striking ``National Foreign Intelligence Program'' each place
it appears in the following provisions and inserting
``National Intelligence Program'':
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105(a)(3) (50 U.S.C. 403-5(a)(3)).
(C) Section 506(a) (50 U.S.C. 415a(a)).
(2) Section 17(f) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(f)) is amended by striking ``National
Foreign Intelligence Program'' and inserting ``National
Intelligence Program''.
(c) Heading Amendments.--(1) The heading of section 105 of
that Act is amended by striking ``foreign''.
(2) The heading of section 506 of that Act is amended by
striking ``foreign''.
SEC. 176. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Appointment of Certain Intelligence Officials.--Section
106 of the National Security Act of 1947 (50 U.S.C. 403-6) is
repealed.
(b) Collection Tasking Authority.--Section 111 of the
National Security Act of 1947 (50 U.S.C. 404f) is repealed.
SEC. 177. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF
1947.
The table of contents for the National Security Act of 1947
is amended--
(1) by striking the items relating to sections 102 through
104 and inserting the following new items:
``Sec. 102. Central Intelligence Agency.
``Sec. 103. Director of the Central Intelligence Agency.'';
(2) by striking the item relating to section 105 and
inserting the following new item:
``Sec 105. Responsibilities of the Secretary of Defense pertaining to
the National Intelligence Program.'';
(3) by striking the item relating to section 114 and
inserting the following new item:
``Sec. 114. Additional annual reports from the National Intelligence
Director.'';
and
(4) by striking the item relating to section 506 and
inserting the following new item:
``Sec. 506. Specificity of National Intelligence Program budget amounts
for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence''.
SEC. 178. CONFORMING AMENDMENTS RELATING TO DUAL SERVICE OF
CERTAIN OFFICIALS AS DEPUTY NATIONAL
INTELLIGENCE DIRECTORS.
(a) Director of Central Intelligence Agency.--Section 1 of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a)
is amended--
(1) by redesignating paragraphs (a), (b), and (c) as
paragraphs (1), (2), and (3), respectively; and
(2) by striking paragraph (2), as so redesignated, and
inserting the following new paragraph (2):
``(2) `Director' means the Director of the Central
Intelligence Agency; and''.
(b) Under Secretary of Defense for Intelligence.--Section
137 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``The appointment of an individual as Under
Secretary is subject to the provisions of section 135(c) of
the National Intelligence Authority Act of 2004.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new paragraph:
``(2) In addition to the duties and powers provided for
under paragraph (1), the Under Secretary of Defense for
Intelligence also serves as Deputy National Intelligence
Director for Defense Intelligence under section 114(c) of the
National Intelligence Authority Act of 2004, and, in that
capacity, has the duties and responsibilities set forth in
paragraph (3) of such section.''.
(c) Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection.--Section 201(a) of
the Homeland Security Act of 2002 (6 U.S.C. 201(a)) is
amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The appointment of an individual as Under
Secretary is subject to the provisions of section 135(c) of
the National Intelligence Authority Act of 2004.''; and
(2) by adding at the end the following new paragraph:
``(3) Concurrent service as deputy national intelligence
director for homeland intelligence.--Upon the election of the
National Intelligence Director, the Under Secretary also
serves as the Deputy National Intelligence Director for
Homeland Intelligence under section 114(d) of the National
Intelligence Authority Act of 2004, and, in that capacity,
has the duties and responsibilities set forth in paragraph
(3) of such section.''.
(d) Executive Assistant Director for Intelligence of FBI.--
Upon the election of the National Intelligence Director, the
Executive Assistant Director for Intelligence of the Federal
Bureau of Investigation also serves as the Deputy National
Intelligence Director for Homeland Intelligence under section
114(d), and, in that capacity, has the duties and
responsibilities set forth in paragraph (3) of such section.
SEC. 179. CONFORMING AMENDMENT TO INSPECTOR GENERAL ACT OF
1978.
Section 8H(a)(1) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following
new subparagraph:
``(D) An employee of the National Intelligence Authority,
or of a contractor of the Authority, who intends to report to
Congress a complaint or information with respect to an urgent
concern may report the complaint or information to the
Inspector General of the National Intelligence Authority in
accordance with section 131(h)(5) of the National
Intelligence Authority Act of 2004.''.
Subtitle G--Other Matters
SEC. 181. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a) Transfer.--There shall be transferred to the Office of
the National Intelligence Director the staff of the Community
Management Staff as of the date of the enactment of this Act,
including all functions and activities discharged by the
Community Management Staff as of that date.
(b) Administration.--The National Intelligence Director
shall administer the Community Management Staff after the
date of the enactment of this Act as a component of the
Office of the National Intelligence Director under section
113(d)(2).
SEC. 182. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) Transfer.--There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration
Center (TTIC), including all functions and activities
discharged by the Terrorist Threat Integration Center as of
the date of the enactment of this Act.
(b) Administration.--The Director of the National
Counterterrorism Center shall administer the Terrorist Threat
Integration Center after the date of the enactment of this
Act as a component of the Directorate of Intelligence of the
National Counterterrorism Center under section 141(f)(2).
SEC. 183. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF
CENTRAL INTELLIGENCE.
(a) Termination.--The positions within the Central
Intelligence Agency referred to in subsection (b) are hereby
abolished.
(b) Covered Positions.--The positions within the Central
Intelligence Agency referred to in this subsection are as
follows:
(1) The Assistant Director of Central Intelligence for
Collection.
(2) The Assistant Director of Central Intelligence for
Analysis and Production.
(3) The Assistant Director of Central Intelligence for
Administration.
SEC. 184. TERMINATION OF JOINT MILITARY INTELLIGENCE PROGRAM.
Effective as of October 1, 2005, the Joint Military
Intelligence Program is abolished.
SEC. 185. EXECUTIVE SCHEDULE MATTERS.
(a) Executive Schedule Level I.--Section 5312 of title 5,
United States Code, is amended by adding the end the
following new item:
``National Intelligence Director.''.
(b) Executive Schedule Level II.--Section 5313 of title 5,
United States Code, is amended by adding at the end the
following new items:
``Deputy National Intelligence Director.
``Director of the National Counterterrorism Center.''.
(c) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by striking the item relating
to the Assistant Directors of Central Intelligence.
SEC. 186. PRESERVATION OF INTELLIGENCE CAPABILITIES.
The National Intelligence Director, the Director of the
Central Intelligence Agency, and the Secretary of Defense
shall jointly take such actions as are appropriate to
preserve the intelligence capabilities of the United States
during the establishment of the National Intelligence
Authority under this title.
SEC. 187. GENERAL REFERENCES.
(a) Director of Central Intelligence as Head of
Intelligence Community.--Any reference to the Director of
Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of
the intelligence community in any law, regulation, document,
paper, or other record of the United States shall be deemed
to be a reference to the National Intelligence Director.
(b) Director of Central Intelligence as Head of CIA.--Any
reference to the Director of Central Intelligence or the
Director of the Central Intelligence Agency in the Director's
capacity as the head of the Central Intelligence Agency in
any law, regulation, document, paper, or other record of the
United States shall be deemed to be a reference to the
Director of the Central Intelligence Agency.
(c) Community Management Staff.--Any reference to the
Community Management Staff in any law, regulation, document,
paper, or other record of the United States shall be deemed
to be a reference to the staff of the Office of the National
Intelligence Director.
TITLE II--INFORMATION SHARING
SEC. 201. INFORMATION SHARING.
(a) Definitions.--In this section:
[[Page S8898]]
(1) Network.--The term ``Network'' means the Information
Sharing Network described in subsection (c).
(2) Terrorism information.--The term ``terrorism
information'' means all information, whether collected,
produced, or distributed by intelligence, law enforcement,
military, homeland security, or other activities, relating
to--
(A) the existence, organization, capabilities, plans,
intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international terrorist
groups or individuals, or of domestic groups or individuals
involved in transnational terrorism;
(B) threats posed by such groups or individuals to the
United States, United States persons, or United States
interests, or to those of other nations;
(C) communications of or by such groups or individuals; or
(D) information relating to groups or individuals
reasonably believed to be assisting or associated with such
groups or individuals.
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The effective use of information, from all available
sources, is essential to the fight against terror and the
protection of our homeland. The biggest impediment to all-
source analysis, and to a greater likelihood of ``connecting
the dots'', is resistance to sharing information.
(2) The United States Government has access to a vast
amount of information, including not only traditional
intelligence but also other government databases, such as
those containing customs or immigration information. But the
United States Government has a weak system for processing and
using the information it has.
(3) In the period leading up to September 11, 2001, there
were instances of potentially helpful information that was
available but that no person knew to ask for; information
that was distributed only in compartmented channels; and
information that was requested but could not be shared.
(4) Current security requirements nurture
overclassification and excessive compartmentalization of
information among agencies. Each agency's incentive structure
opposes sharing, with risks, including criminal, civil, and
administrative sanctions, but few rewards for sharing
information.
(5) The current system, in which each intelligence agency
has its own security practices, requires a demonstrated
``need to know'' before sharing. This approach assumes that
it is possible to know, in advance, who will need to use the
information. An outgrowth of the cold war, such a system
implicitly assumes that the risk of inadvertent disclosure
outweighs the benefits of wider sharing. Such assumptions are
no longer appropriate. Although counterintelligence concerns
are still real, the costs of not sharing information are also
substantial. The current ``need-to-know'' culture of
information protection needs to be replaced with a ``need-to-
share'' culture of integration.
(6) A new approach to the sharing of terrorism information
is urgently needed. An important conceptual model for a new
``trusted information network'' is the Systemwide Homeland
Analysis and Resource Exchange (SHARE) Network proposed by a
task force of leading professionals assembled by the Markle
Foundation and described in reports issued in October 2002
and December 2003.
(7) No single agency can create a meaningful information
sharing system on its own. Alone, each agency can only
modernize stovepipes, not replace them. Presidential
leadership is required to bring about governmentwide change.
(c) Information Sharing Network.--
(1) Establishment.--The President shall establish an
information sharing network to promote the sharing of
terrorism information, in a manner consistent with national
security and the protection of privacy and civil liberties.
(2) Attributes.--The Network shall promote coordination,
communication and collaboration of people and information
among all relevant Federal departments and agencies, State,
tribal, and local authorities, and relevant private sector
entities, including owners and operators of critical
infrastructure, by using policy guidelines and technologies
that support--
(A) a decentralized, distributed, and coordinated
environment that connects existing systems where appropriate
and allows users to share information horizontally across
agencies, vertically between levels of government, and, as
appropriate, with the private sector;
(B) building on existing systems capabilities at relevant
agencies;
(C) utilizing industry best practices, including minimizing
the centralization of data and seeking to use common tools
and capabilities whenever possible;
(D) employing an information rights management approach
that controls access to data rather than to whole networks;
(E) facilitating the sharing of information at and across
all levels of security by using policy guidelines and
technologies that support writing information that can be
broadly shared;
(F) providing directory services for locating people and
information;
(G) incorporating protections for individuals' privacy and
civil liberties;
(H) incorporating mechanisms for information security; and
(I) access controls, authentication and authorization,
audits, and other strong mechanisms for information security
and privacy guideline enforcement across all levels of
security, in order to enhance accountability and facilitate
oversight.
(d) Immediate Steps.--Not later than 90 days after the date
of enactment of this Act, the President, through the Director
of Management and Budget and in consultation with the
National Intelligence Director, the Attorney General, the
Secretary of Homeland Security, the Secretary of Defense, the
Secretary of State, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, and such other Federal officials as the President
shall designate, shall--
(1) establish electronic directory services to assist in
locating in the Federal Government terrorism information and
people with relevant knowledge about terrorism information;
and
(2) conduct a review of relevant current Federal agency
capabilities, including a baseline inventory of current
Federal systems that contain terrorism information, the money
currently spent to maintain those systems, and identification
of other information that should be included in the Network.
(e) Guidelines.--As soon as possible, but in no event later
than 180 days after the date of enactment of this Act, the
President shall--
(1) in consultation with the National Intelligence Director
and the Advisory Council on Information Sharing established
in subsection (g), issue guidelines for acquiring, accessing,
sharing, and using terrorism information, including
guidelines to ensure such information is provided in its most
shareable form, such as by separating out data from the
sources and methods by which they are obtained;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 901, issue
guidelines that--
(A) protect privacy and civil liberties in the development
and use of the Network; and
(B) shall be made public, unless, and only to the extent
that, nondisclosure is clearly necessary to protect national
security;
(3) establish objective, systemwide performance measures to
enable the assessment of progress toward achieving full
implementation of the Network; and
(4) require Federal departments and agencies to promote a
culture of information sharing by--
(A) reducing disincentives to information sharing,
including overclassification of information and unnecessary
requirements for originator approval; and
(B) providing affirmative incentives for information
sharing, such as the incorporation of information sharing
performance measures into agency and managerial evaluations,
and employee awards for promoting innovative information
sharing practices.
(f) System Design and Implementation Plan.--Not later than
270 days after the date of enactment of this Act, the
President shall submit to Congress a system design and
implementation plan for the Network. The plan shall be
prepared by the President through the Director of Management
and Budget and in consultation with the National Intelligence
Director, the Attorney General, the Secretary of Homeland
Security, the Secretary of Defense, the Secretary of State,
the Director of the Federal Bureau of Investigation, the
Director of the Central Intelligence Agency, and such other
Federal officials as the President shall designate, and shall
include--
(1) a description of the parameters of the proposed
Network, including functions, capabilities, and resources;
(2) a description of the technological, legal, and policy
issues presented by the creation of the Network described in
subsection (c), and the ways in which these issues will be
addressed;
(3)(A) a delineation of the roles of the Federal
departments and agencies that will participate in the
development of the Network, including--
(i) identification of any agency that will build the
infrastructure needed to operate and manage the Network (as
distinct from the individual agency components that are to be
part of the Network); and
(ii) identification of any agency that will operate and
manage the Network (as distinct from the individual agency
components that are to be part of the Network);
(B) a provision that the delineation of roles under
subparagraph (A) shall--
(i) be consistent with the authority of the National
Intelligence Director, under this Act, to set standards for
information sharing and information technology throughout the
intelligence community; and
(ii) recognize the role of the Department of Homeland
Security in coordinating with State, tribal, and local
officials and the private sector;
(4) a description of the technological requirements to
appropriately link and enhance existing networks and a
description of the system design that will meet these
requirements;
(5) a plan, including a time line, for the development and
phased implementation of the Network;
(6) total budget requirements to develop and implement the
Network, including the estimated annual cost for each of the
5 years following the date of enactment of this Act; and
[[Page S8899]]
(7) proposals for any legislation that the President
believes necessary to implement the Network.
(g) Advisory Council on Information Sharing.--
(1) Establishment.--There is established an Advisory
Council on Information Sharing (in this subsection referred
to as the ``Council'').
(2) Membership.--No more than 25 individuals may serve as
members of the Council, which shall include--
(A) the National Intelligence Director, who shall serve as
Chairman of the Council;
(B) the Secretary of Homeland Security;
(C) the Secretary of Defense;
(D) the Attorney General;
(E) the Secretary of State;
(F) the Director of the Central Intelligence Agency;
(G) the Director of the Federal Bureau of Investigation;
(H) the Director of Management and Budget;
(I) such other Federal officials as the President shall
designate;
(J) representatives of State, tribal, and local
governments, to be appointed by the President;
(K) individuals from outside government with expertise in
relevant technology, security and privacy concepts, to be
appointed by the President; and
(L) individuals who are employed in private businesses or
nonprofit organizations that own or operate critical
infrastructure, to be appointed by the President.
(3) Responsibilities.--The Council shall--
(A) advise the President and the heads of relevant Federal
departments and agencies on the implementation of the
Network;
(B) ensure that there is coordination among participants in
the Network in the development and implementation of the
Network;
(C) review, on an ongoing basis, policy, legal and
technology issues related to the implementation of the
Network; and
(D) establish a dispute resolution process to resolve
disagreements among departments and agencies about whether
particular terrorism information should be shared and in what
manner.
(4) Inapplicability of Federal Advisory Committee Act.--The
Council shall not be subject to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(5) Informing the public.--The Council shall hold public
hearings and otherwise inform the public of its activities,
as appropriate and in a manner consistent with the protection
of classified information and applicable law.
(6) Council reports.--Not later than 1 year after the date
of enactment of this Act and annually thereafter, the
National Intelligence Director, in the capacity of Chairman
of the Council, shall submit a report to Congress that shall
include--
(A) a description of the activities and accomplishments of
the Council in the preceding year; and
(B) the number and dates of the meetings held by the
Council and a list of attendees at each meeting.
(h) Presidential Reports.--Not later than 1 year after the
date of enactment of this Act, and semiannually thereafter,
the President shall submit a report to Congress on the state
of the Network. The report shall include--
(1) a progress report on the extent to which the Network
has been implemented, including how the Network has fared on
the governmentwide and agency-specific performance measures
and whether the performance goals set in the preceding year
have been met;
(2) objective systemwide performance goals for the
following year;
(3) an accounting of how much was spent on the Network in
the preceding year;
(4) actions taken to ensure that agencies procure new
technology that is consistent with the Network and
information on whether new systems and technology are
consistent with the Network;
(5) the extent to which, in appropriate circumstances, all
terrorism watch lists are available for combined searching in
real time through the Network and whether there are
consistent standards for placing individuals on, and removing
individuals from, the watch lists, including the availability
of processes for correcting errors;
(6) the extent to which unnecessary roadblocks or
disincentives to information sharing, including the
inappropriate use of paper-only intelligence products and
requirements for originator approval, have been eliminated;
(7) the extent to which positive incentives for information
sharing have been implemented;
(8) the extent to which classified information is also made
available through the Network, in whole or in part, in
unclassified form;
(9) the extent to which State, tribal, and local
officials--
(A) are participating in the Network;
(B) have systems which have become integrated into the
Network;
(C) are providing as well as receiving information; and
(D) are using the Network to communicate with each other;
(10) the extent to which--
(A) private sector data, including information from owners
and operators of critical infrastructure, is incorporated in
the Network; and
(B) the private sector is both providing and receiving
information;
(11) where private sector data has been used by the
Government or has been incorporated into the Network--
(A) the measures taken to protect sensitive business
information; and
(B) where the data involves information about individuals,
the measures taken to ensure the accuracy of such data;
(12) the measures taken by the Federal Government to ensure
the accuracy of other information on the Network and, in
particular, the accuracy of information about individuals;
(13) an assessment of the Network's privacy protections,
including actions taken in the preceding year to implement or
enforce privacy protections and a report of complaints
received about interference with an individual's privacy or
civil liberties; and
(14) an assessment of the security protections of the
Network.
(i) Agency Plans and Reports.--Each Federal department or
agency that possesses or uses terrorism information or that
otherwise participates, or expects to participate, in the
Network, shall submit to the Director of Management and
Budget and to Congress--
(1) not later than 1 year after the enactment of this Act,
a report including--
(A) a strategic plan for implementation of the Network's
requirements within the department or agency;
(B) objective performance measures to assess the progress
and adequacy of the department's or agency's information
sharing efforts; and
(C) budgetary requirements to integrate the department or
agency into the Network, including projected annual
expenditures for each of the following 5 years following the
submission of the reports; and
(2) annually thereafter, reports including--
(A) an assessment of the department's or agency's progress
in complying with the Network's requirements, including how
well the department or agency has performed on the objective
measures developed under paragraph (1);
(B) the department's or agency's expenditures to implement
and comply with the Network's requirements in the preceding
year;
(C) the department's or agency's plans for further
implementation of the Network in the year following the
submission of the report.
(j) Periodic Assessments.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and periodically thereafter, the
Government Accountability Office shall review and evaluate
the implementation of the Network, both generally and, at its
discretion, within specific departments and agencies, to
determine the extent of compliance with the Network's
requirements and to assess the effectiveness of the Network
in improving information sharing and collaboration and in
protecting privacy and civil liberties, and shall report to
Congress on its findings.
(2) Inspectors general.--The Inspector General in any
Federal department or agency that possesses or uses terrorism
information or that otherwise participates in the Network
shall, at the discretion of the Inspector General--
(A) conduct audits or investigations to--
(i) determine the compliance of that department or agency
with the Network's requirements; and
(ii) assess the effectiveness of that department or agency
in improving information sharing and collaboration and in
protecting privacy and civil liberties; and
(B) issue reports on such audits and investigations.
(k) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) $50,000,000 to the Director of Management and Budget to
carry out this section for fiscal year 2005; and
(2) such sums as are necessary to carry out this section in
each fiscal year thereafter, to be disbursed and allocated in
accordance with the Network system design and implementation
plan required by subsection (f).
TITLE III--CONGRESSIONAL REFORM
SEC. 301. FINDINGS.
Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) The American people are not served well by current
congressional rules and resolutions governing intelligence
and homeland security oversight.
(2) A unified Executive Branch effort on fighting terrorism
will not be effective unless it is matched by a unified
effort in Congress, specifically a strong, stable, and
capable congressional committee structure to give the
intelligence agencies and Department of Homeland Security
sound oversight, support, and leadership.
(3) The intelligence committees of the Senate and the House
of Representatives are not organized to provide strong
leadership and oversight for intelligence and
counterterrorism.
(4) Jurisdiction over the Department of Homeland Security,
which is scattered among many committees in each chamber,
does not allow for the clear authority and responsibility
needed for effective congressional oversight.
(5) Congress should either create a new, joint Senate-House
intelligence authorizing committee modeled on the former
Joint
[[Page S8900]]
Committee on Atomic Energy, or establish new intelligence
committees in each chamber with combined authorization and
appropriations authority.
(6) Congress should establish a single, principal point of
oversight and review in each chamber for the Department of
Homeland Security and the report of the National Commission
on Terrorist Attacks Upon the United States stated that
``Congressional leaders are best able to judge what committee
should have jurisdiction over this department and its
duties.''.
(7) In August 2004, the joint Senate leadership created a
bipartisan working group to examine how best to implement the
Commission's recommendations with respect to reform of the
Senate's oversight of intelligence and homeland security, and
directed the working group to begin its work immediately and
to present its findings and recommendations to Senate
leadership as expeditiously as possible.
SEC. 302. REORGANIZATION OF CONGRESSIONAL JURISDICTION.
The 108th Congress shall not adjourn until each House of
Congress has adopted the necessary changes to its rules such
that, effective the start of the 109th Congress--
(1) jurisdiction over proposed legislation, messages,
petitions, memorials, and other matters relating to the
Department of Homeland Security shall be consolidated in a
single committee in each House and such committee shall have
a nonpartisan staff; and
(2) jurisdiction over proposed legislation, messages,
petitions, memorials, and other matters related to
intelligence shall reside in--
(A) either a joint Senate-House authorizing committee
modeled on the former Joint Committee on Atomic Energy, or a
committee in each chamber with combined authorization and
appropriations authority; and
(B) regardless of which committee structure is selected,
the intelligence committee or committees shall have--
(i) not more than 9 members in each House, who shall serve
without term limits and of which at least 1 each shall also
serve on a committee on Armed Services, Judiciary, and
Foreign Affairs and at least 1 on a Defense Appropriations
subcommittee;
(ii) authority to issue subpoenas;
(iii) majority party representation that does not exceed
minority party representation by more than 1 member in each
House, and a nonpartisan staff; and
(iv) a subcommittee devoted solely to oversight.
TITLE IV--PRESIDENTIAL TRANSITION
SEC. 401. PRESIDENTIAL TRANSITION.
(a) Services Provided President-Elect.--Section 3 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended--
(1) by adding after subsection (a)(8)(A)(iv) the following:
``(v) Activities under this paragraph shall include the
preparation of a detailed classified, compartmented summary
by the relevant outgoing executive branch officials of
specific operational threats to national security; major
military or covert operations; and pending decisions on
possible uses of military force. This summary shall be
provided to the President-elect as soon as possible after the
date of the general elections held to determine the electors
of President and Vice President under section 1 or 2 of title
3, United States Code.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by adding after subsection (e) the following:
``(f)(1) The President-elect should submit to the agency
designated by the President under section 401(d) of the 9/11
Commission Report Implementation Act of 2004 the names of
candidates for high level national security positions through
the level of undersecretary of cabinet departments as soon as
possible after the date of the general elections held to
determine the electors of President and Vice President under
section 1 or 2 of title 3, United States Code.
``(2) The Federal Bureau of Investigation, and any other
appropriate agency, shall undertake and complete as
expeditiously as possible the background investigations
necessary to provide appropriate security clearances to the
individuals who are candidates described under paragraph (1)
before the date of the inauguration of the President-elect as
President and the inauguration of the Vice-President-elect as
Vice President.''.
(b) Sense of the Senate Regarding Expedited Consideration
of National Security Nominees.--It is the sense of the Senate
that--
(1) the President-elect should submit the nominations of
candidates for high-level national security positions,
through the level of undersecretary of cabinet departments,
to the Senate by the date of the inauguration of the
President-elect as President; and
(2) for all national security nominees received by the date
of inauguration, the Senate committees to which these
nominations are referred should, to the fullest extent
possible, complete their consideration of these nominations,
and, if such nominations are reported by the committees, the
full Senate should vote to confirm or reject these
nominations, within 30 days of their submission.
(c) Security Clearances for Transition Team Members.--
(1) Definition.--In this section, the term ``major party''
shall have the meaning given under section 9002(6) of the
Internal Revenue Code of 1986.
(2) In general.--Each major party candidate for President,
except a candidate who is the incumbent President, may
submit, before the date of the general election, requests for
security clearances for prospective transition team members
who will have a need for access to classified information to
carry out their responsibilities as members of the President-
elect's transition team.
(3) Completion date.--Necessary background investigations
and eligibility determinations to permit appropriate
prospective transition team members to have access to
classified information shall be completed, to the fullest
extent practicable, by the day after the date of the general
election.
(d) Consolidation of Responsibility for Personnel Security
Investigations.--
(1) Consolidation.--
(A) In general.--Not later than 45 days after the date of
enactment of this Act, the President shall select a single
Federal agency to provide and maintain all security
clearances for Federal employees and Federal contractor
personnel who require access to classified information,
including conducting all investigation functions.
(B) Considerations.--In selecting an agency under this
paragraph, the President shall fully consider requiring the
transfer of investigation functions to the Office of
Personnel Management as described under section 906 of the
National Defense Authorization Act for Fiscal Year 2004 (5
U.S.C. 1101 note).
(C) Coordination and consolidation of responsibilities.--
The Federal agency selected under this paragraph shall--
(i) take all necessary actions to carry out the
responsibilities under this subsection, including entering
into a memorandum of understanding with any agency carrying
out such responsibilities before the date of enactment of
this Act; and
(ii) identify any legislative actions necessary to further
implement this subsection.
(D) Database.--The agency selected shall, as soon as
practicable, establish and maintain a single database for
tracking security clearance applications, investigations and
eligibility determinations and ensure that security clearance
investigations are conducted according to uniform standards,
including uniform security questionnaires and financial
disclosure requirements.
(E) Polygraphs.--The President shall direct the agency
selected under this paragraph to administer any polygraph
examinations on behalf of agencies that require them.
(2) Access.--The President, acting through the National
Intelligence Director, shall--
(A) establish uniform standards and procedures for the
grant of access to classified information to any officer or
employee of any agency or department of the United States and
to employees of contractors of those agencies and
departments;
(B) ensure the consistent implementation of those standards
and procedures throughout such agencies and departments; and
(C) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by such elements.
TITLE V--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE
WAR ON TERRORISM
SEC. 501. REPORT ON TERRORIST SANCTUARIES.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Complex terrorist operations require locations that
provide such operations sanctuary from interference by
government or law enforcement personnel.
(2) A terrorist sanctuary existed in Afghanistan before
September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided direct
and indirect value to members of al Qaeda who participated in
the terrorist attacks on the United States on September 11,
2001 and in other terrorist operations.
(4) Terrorist organizations have fled to some of the least
governed and most lawless places in the world to find
sanctuary.
(5) During the twenty-first century, terrorists are
focusing on remote regions and failing states as locations to
seek sanctuary.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should identify and
prioritize locations that are or that could be used as
terrorist sanctuaries;
(2) the United States Government should have a realistic
strategy that includes the use of all elements of national
power to keep possible terrorists from using a location as a
sanctuary; and
(3) the United States Government should reach out, listen
to, and work with countries in bilateral and multilateral
fora to prevent locations from becoming sanctuaries and to
prevent terrorists from using locations as sanctuaries.
(c) Strategy on Terrorist Sanctuaries.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report that describes a strategy for addressing
and, where possible, eliminating terrorist sanctuaries.
(2) Content.--The report required under this section shall
include the following:
(A) A description of actual and potential terrorist
sanctuaries, together with an assessment of the priorities of
addressing and eliminating such sanctuaries.
[[Page S8901]]
(B) An outline of strategies for disrupting or eliminating
the security provided to terrorists by such sanctuaries.
(C) A description of efforts by the United States
Government to work with other countries in bilateral and
multilateral fora to address or eliminate actual or potential
terrorist sanctuaries and disrupt or eliminate the security
provided to terrorists by such sanctuaries.
(D) A description of long-term goals and actions designed
to reduce the conditions that allow the formation of
terrorist sanctuaries, such as supporting and strengthening
host governments, reducing poverty, increasing economic
development, strengthening civil society, securing borders,
strengthening internal security forces, and disrupting
logistics and communications networks of terrorist groups.
SEC. 502. ROLE OF PAKISTAN IN COUNTERING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The Government of Pakistan has a critical role to
perform in the struggle against Islamist terrorism.
(2) The endemic poverty, widespread corruption, and
frequent ineffectiveness of government in Pakistan create
opportunities for Islamist recruitment.
(3) The poor quality of education in Pakistan is
particularly worrying, as millions of families send their
children to madrassahs, some of which have been used as
incubators for violent extremism.
(4) The vast unpoliced regions in Pakistan make the country
attractive to extremists seeking refuge and recruits and also
provide a base for operations against coalition forces in
Afghanistan.
(5) A stable Pakistan, with a government advocating
``enlightened moderation'' in the Muslim world, is critical
to stability in the region.
(6) There is a widespread belief among the people of
Pakistan that the United States has long treated them as
allies of convenience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should make a long-term commitment to
assisting in ensuring a promising, stable, and secure future
in Pakistan, as long as its leaders remain committed to
combatting extremists and implementing a strategy of
``enlightened moderation'';
(2) the United States aid to Pakistan should be fulsome
and, at a minimum, sustained at the fiscal year 2004 levels;
(3) the United States should support the Government of
Pakistan with a comprehensive effort that extends from
military aid to support for better education; and
(4) the United States Government should devote particular
attention and resources to assisting in the improvement of
the quality of education in Pakistan.
(c) Report on Support for Pakistan.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on the efforts of the United States
Government to support Pakistan and encourage moderation in
that country.
(2) Content.--The report required under this section shall
include the following:
(A) An examination of the desirability of establishing a
Pakistan Education Fund to direct resources toward improving
the quality of secondary schools in Pakistan.
(B) Recommendations on the funding necessary to provide
various levels of educational support.
(C) An examination of the current composition and levels of
United States military aid to Pakistan, together with any
recommendations for changes in such levels and composition
that the President considers appropriate.
(D) An examination of other major types of United States
financial support to Pakistan, together with any
recommendations for changes in the levels and composition of
such support that the President considers appropriate.
SEC. 503. AID TO AFGHANISTAN.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The United States and its allies in the international
community have made progress in promoting economic and
political reform within Afghanistan, including the
establishment of a central government with a democratic
constitution, a new currency, and a new army, the increase of
personal freedom, and the elevation of the standard of living
of many Afghans.
(2) A number of significant obstacles must be overcome if
Afghanistan is to become a secure and prosperous democracy,
and such a transition depends in particular upon--
(A) improving security throughout the country;
(B) disarming and demobilizing militias;
(C) curtailing the rule of the warlords;
(D) promoting equitable economic development;
(E) protecting the human rights of the people of
Afghanistan;
(F) holding elections for public office; and
(G) ending the cultivation and trafficking of narcotics.
(3) The United States and the international community must
make a long-term commitment to addressing the deteriorating
security situation in Afghanistan and the burgeoning
narcotics trade, endemic poverty, and other serious problems
in Afghanistan in order to prevent that country from
relapsing into a sanctuary for international terrorism.
(b) Policy.--It shall be the policy of the United States to
take the following actions with respect to Afghanistan:
(1) Working with other nations to obtain long-term
security, political, and financial commitments and
fulfillment of pledges to the Government of Afghanistan to
accomplish the objectives of the Afghanistan Freedom Support
Act of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a
secure, democratic, and prosperous Afghanistan that respects
the rights of its citizens and is free of international
terrorist organizations.
(2) Using the voice and vote of the United States in
relevant international organizations, including the North
Atlantic Treaty Organization and the United Nations Security
Council, to strengthen international commitments to assist
the Government of Afghanistan in enhancing security, building
national police and military forces, increasing counter-
narcotics efforts, and expanding infrastructure and public
services throughout the country.
(3) Taking appropriate steps to increase the assistance
provided under programs of the Department of State and the
United States Agency for International Development throughout
Afghanistan and to increase the number of personnel of those
agencies in Afghanistan as necessary to support the increased
assistance.
(c) Authorization of Appropriations.--
(1) Fiscal year 2005.--There are authorized to be
appropriated to the President for fiscal year 2005 for
assistance for Afghanistan, in addition to any amounts
otherwise available for the following purposes, the following
amounts:
(A) For Development Assistance to carry out the provisions
of sections 103, 105, and 106 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151a, 2151c, and 2151d), $400,000,000.
(B) For the Child Survival and Health Program Fund to carry
out the provisions of section 104 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151b), $100,000,000.
(C) For the Economic Support Fund to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.), $550,000,000.
(D) For International Narcotics and Law Enforcement to
carry out the provisions of section 481 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291), $360,000,000.
(E) For Nonproliferation, Anti-Terrorism, Demining, and
Related Programs, $50,000,000.
(F) For International Military Education and Training to
carry out the provisions of section 541 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347), $2,000,000.
(G) For Foreign Military Financing Program grants to carry
of the provision of section 23 of the Arms Export Control Act
(22 U.S.C. 2763), $880,000,000.
(H) For Peacekeeping Operations to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961 (22
U.S.C. 2348), $60,000,000.
(2) Fiscal years 2006 through 2009.--There are authorized
to be appropriated to the President for each of fiscal years
2006 through 2009 such sums as may be necessary for financial
and other assistance to Afghanistan.
(3) Conditions for assistance.--Assistance provided by the
President under this subsection--
(A) shall be consistent with the Afghanistan Freedom
Support Act of 2002; and
(B) shall be provided with reference to the ``Securing
Afghanistan's Future'' document published by the Government
of Afghanistan.
(d) Sense of Congress.--It is the sense of Congress that
Congress should, in consultation with the President, update
and revise, as appropriate, the Afghanistan Freedom Support
Act of 2002.
(e) Strategy and Support Regarding United States Aid to
Afghanistan.--
(1) Requirement for strategy.--Not later than 180 days
after the date of the enactment of this Act, the President
shall submit to Congress a 5-year strategy for providing aid
to Afghanistan.
(2) Content.--The strategy required under paragraph (1)
shall describe the resources that will be needed during the
next 5 years to achieve specific objectives in Afghanistan,
including in the following areas:
(A) Fostering economic development.
(B) Curtailing the cultivation of opium.
(C) Achieving internal security and stability.
(D) Eliminating terrorist sanctuaries.
(E) Increasing governmental capabilities.
(F) Improving essential infrastructure and public services.
(G) Improving public health services.
(H) Establishing a broad-based educational system.
(I) Promoting democracy and the rule of law.
(J) Building national police and military forces.
(3) Updates.--Beginning not later than 1 year after the
strategy is submitted to Congress under paragraph (1), the
President shall submit to Congress an annual report--
(A) updating the progress made toward achieving the goals
outlined in the strategy under this subsection; and
(B) identifying shortfalls in meeting those goals and the
resources needed to fully achieve them.
[[Page S8902]]
SEC. 504. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Despite a long history of friendly relations with the
United States, Saudi Arabia has been a problematic ally in
combating Islamic extremism.
(2) Cooperation between the Governments of the United
States and Saudi Arabia has traditionally been carried out in
private.
(3) The Government of Saudi Arabia has not always responded
promptly and fully to United States requests for assistance
in the global war on Islamist terrorism.
(4) Counterterrorism cooperation between the Governments of
the United States and Saudi Arabia has improved significantly
since the terrorist bombing attacks in Riyadh, Saudi Arabia,
on May 12, 2003.
(5) The Government of Saudi Arabia is now aggressively
pursuing al Qaeda and appears to be acting to build a
domestic consensus for some internal reforms.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the problems in the relationship between the United
States and Saudi Arabia must be confronted openly, and the
opportunities for cooperation between the countries must be
pursued openly by those governments;
(2) both governments must build a relationship that they
can publicly defend and that is based on other national
interests in addition to their national interests in oil;
(3) this relationship should include a shared commitment to
political and economic reform in Saudi Arabia; and
(4) this relationship should also include a shared interest
in greater tolerance and respect for other cultures in Saudi
Arabia and a commitment to fight the violent extremists who
foment hatred in the Middle East.
(c) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a strategy for expanding collaboration with the
Government of Saudi Arabia on subjects of mutual interest and
of importance to the United States.
(2) Scope.--As part of this strategy, the President shall
consider the utility of undertaking a periodic, formal, and
visible high-level dialogue between senior United States
Government officials of cabinet level or higher rank and
their counterparts in the Government of Saudi Arabia to
address challenges in the relationship between the 2
governments and to identify areas and mechanisms for
cooperation.
(3) Content.--The strategy under this subsection shall
encompass--
(A) intelligence and security cooperation in the fight
against Islamist terrorism;
(B) ways to advance the Middle East peace process;
(C) political and economic reform in Saudi Arabia and
throughout the Middle East; and
(D) the promotion of greater tolerance and respect for
cultural and religious diversity in Saudi Arabia and
throughout the Middle East.
SEC. 505. EFFORTS TO COMBAT ISLAMIC TERRORISM BY ENGAGING IN
THE STRUGGLE OF IDEAS IN THE ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While support for the United States has plummeted in
the Islamic world, many negative views are uninformed, at
best, and, at worst, are informed by coarse stereotypes and
caricatures.
(2) Local newspapers in Islamic countries and influential
broadcasters who reach Islamic audiences through satellite
television often reinforce the idea that the people and
Government of the United States are anti-Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a
commitment to treat all people humanely, abide by the rule of
law, and be generous and caring to the people and governments
of other countries;
(2) the United States should cooperate with governments of
Islamic countries to foster agreement on respect for human
dignity and opportunity, and to offer a vision of a better
future that includes stressing life over death, individual
educational and economic opportunity, widespread political
participation, contempt for indiscriminate violence, respect
for the rule of law, openness in discussing differences, and
tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Arabs and Muslims and promote
moderation in the Islamic world; and
(4) the United States should work to defeat extremist
ideology in the Islamic world by providing assistance to
moderate Arabs and Muslims to combat extremist ideas.
(c) Report on the Struggle of Ideas in the Islamic World.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report that contains a cohesive long-term
strategy for the United States Government to help win the
struggle of ideas in the Islamic world.
(2) Content.--The report required under this section shall
include the following:
(A) A description of specific goals related to winning this
struggle of ideas.
(B) A description of the range of tools available to the
United States Government to accomplish these goals and the
manner in which such tools will be employed.
(C) A list of benchmarks for measuring success and a plan
for linking resources to the accomplishment of these goals.
(D) A description of any additional resources that may be
necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and United
States participation in, international institutions for the
promotion of democracy and economic diversification in the
Islamic world, and intra-regional trade in the Middle East.
(F) An estimate of the level of United States financial
assistance that would be sufficient to convince United States
allies and people in the Islamic world that engaging in the
struggle of ideas in the Islamic world is a top priority of
the United States and that the United States intends to make
a substantial and sustained commitment toward winning this
struggle.
SEC. 506. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) Finding.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that short-term gains enjoyed by the United
States through cooperation with the world's most repressive
and brutal governments are too often outweighed by long-term
setbacks for the stature and interests of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the value
of life and the importance of individual educational and
economic opportunity, encourage widespread political
participation, condemn indiscriminate violence, and promote
respect for the rule of law, openness in discussing
differences among people, and tolerance for opposing points
of view; and
(2) the United States Government must prevail upon the
governments of all predominantly Muslim countries, including
those that are friends and allies of the United States, to
condemn indiscriminate violence, promote the value of life,
respect and promote the principles of individual education
and economic opportunity, encourage widespread political
participation, and promote the rule of law, openness in
discussing differences among people, and tolerance for
opposing points of view.
SEC. 507. PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST
MEDIA.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants and
criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq,
this message is not always clearly presented in the Islamic
world.
(2) If the United States does not act to vigorously define
its message in the Islamic world, the image of the United
States will be defined by Islamic extremists who seek to
demonize the United States.
(3) Recognizing that many Arab and Muslim audiences rely on
satellite television and radio, the United States Government
has launched promising initiatives in television and radio
broadcasting to the Arab world, Iran, and Afghanistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States must do more to defend and promote
its values and ideals to the broadest possible audience in
the Islamic world;
(2) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate
expressions of these values reach large audiences in the
Islamic world and should be robustly supported;
(3) the United States Government could and should do more
to engage the Muslim world in the struggle of ideas; and
(4) the United States Government should more intensively
employ existing broadcast media in the Islamic world as part
of this engagement.
(c) Report on Outreach Strategy.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on the strategy of the United States
Government for expanding its outreach to foreign Muslim
audiences through broadcast media.
(2) Content.--The report shall include the following:
(A) The initiatives of the Broadcasting Board of Governors
and the public diplomacy activities of the Department of
State with respect to outreach to foreign Muslim audiences.
(B) An outline of recommended actions that the United
States Government should take to more regularly and
comprehensively present a United States point of view through
indigenous broadcast media in countries with sizable Muslim
populations, including increasing appearances by United
States Government officials, experts, and citizens.
(C) An assessment of potential incentives for, and costs
associated with, encouraging United States broadcasters to
dub or subtitle into Arabic and other relevant languages
their news and public affairs programs broadcast in the
Muslim world in order to
[[Page S8903]]
present those programs to a much broader Muslim audience than
is currently reached.
(D) Any recommendations the President may have for
additional funding and legislation necessary to achieve the
objectives of the strategy.
(d) Authorizations of Appropriations.--There are authorized
to be appropriated to the President to carry out United
States Government broadcasting activities under the United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1431 et seq.), the United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), and the
Foreign Affairs Reform and Restructuring Act of 1998 (22
U.S.C. 6501 et seq.), and to carry out other activities under
this section consistent with the purposes of such Acts, the
following amounts:
(1) International broadcasting operations.--For
International Broadcasting Operations--
(A) $717,160,000 for fiscal year 2005; and
(B) such sums as may be necessary for each of the fiscal
years 2006 through 2009.
(2) Broadcasting capital improvements.--For Broadcasting
Capital Improvements--
(A) $11,040,000 for fiscal year 2005; and
(B) such sums as may be necessary for each of the fiscal
years 2006 through 2009.
SEC. 508. USE OF UNITED STATES SCHOLARSHIP AND EXCHANGE
PROGRAMS IN THE ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to promote
internationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values and
offer them knowledge and hope.
(b) Sense of Congress.--It is the sense of Congress that
the United States should expand its exchange, scholarship,
and library programs, especially those that benefit people in
the Arab and Muslim worlds.
(c) Definitions.--In this section:
(1) Eligible country.--The term ``eligible country'' means
a country or entity in Africa, the Middle East, Central Asia,
South Asia, or Southeast Asia that--
(A) has a sizable Muslim population; and
(B) is designated by the Secretary of State as eligible to
participate in programs under this section.
(2) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of State.
(3) United states entity.--The term ``United States
entity'' means an entity that is organized under the laws of
the United States, any State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
American Samoa, or any other territory or possession of the
United States.
(4) United states sponsoring organization.--The term
``United States sponsoring organization'' means a
nongovernmental organization that is--
(A) based in the United States; and
(B) controlled by a citizen of the United States or a
United States entity that is designated by the Secretary,
pursuant to regulations, to carry out a program authorized by
subsection (e).
(d) Expansion of Educational and Cultural Exchanges.--
(1) Purpose.--The purpose of this subsection is to provide
for the expansion of international educational and cultural
exchange programs between the United States and eligible
countries.
(2) Specific programs.--In carrying out this subsection,
the Secretary is authorized to conduct or initiate programs
in eligible countries as follows:
(A) Fulbright exchange program.--
(i) Increased number of awards.--The Secretary is
authorized to substantially increase the number of awards
under the J. William Fulbright Educational Exchange Program.
(ii) International support for fulbright program.--The
Secretary shall work to increase support for the J. William
Fulbright Educational Exchange Program in eligible countries
in order to enhance academic and scholarly exchanges with
those countries.
(B) Hubert h. humphrey fellowships.--The Secretary is
authorized to substantially increase the number of Hubert H.
Humphrey Fellowships awarded to candidates from eligible
countries.
(C) Sister institutions programs.--The Secretary is
authorized to facilitate the establishment of sister
institution programs between cities and municipalities and
other institutions in the United States and in eligible
countries in order to enhance mutual understanding at the
community level.
(D) Library training exchanges.--The Secretary is
authorized to develop a demonstration program, including
training in the library sciences, to assist governments in
eligible countries to establish or upgrade the public library
systems of such countries for the purpose of improving
literacy.
(E) International visitors program.--The Secretary is
authorized to expand the number of participants from eligible
countries in the International Visitors Program.
(F) Youth ambassadors.--
(i) In general.--The Secretary is authorized to establish a
youth ambassadors program for visits by middle and secondary
school students from eligible countries to the United States
to participate in activities, including cultural and
educational activities, that are designed to familiarize
participating students with United States society and values.
(ii) Visits.--The visits of students who are participating
in the youth ambassador program under clause (i) shall be
scheduled during the school holidays in the home countries of
the students and may not exceed 4 weeks.
(iii) Criteria.--Students selected to participate in the
youth ambassador program shall reflect the economic and
geographic diversity of eligible countries.
(G) Education reform.--The Secretary is authorized--
(i) to expand programs that seek to improve the quality of
primary and secondary school systems in eligible countries;
and
(ii) in order to foster understanding of the United States,
to promote civic education through teacher exchanges, teacher
training, textbook modernization, and other efforts.
(H) Promotion of religious freedom.--The Secretary is
authorized to establish a program to promote dialogue and
exchange among leaders and scholars of all faiths from the
United States and eligible countries.
(I) Bridging the digital divide.--The Secretary is
authorized to establish a program to help foster access to
information technology among underserved populations and by
civil society groups in eligible countries.
(J) People-to-people diplomacy.--The Secretary is
authorized to expand efforts to promote United States public
diplomacy interests in eligible countries through cultural,
arts, entertainment, sports and other exchanges.
(K) College scholarships.--
(i) In general.--The Secretary is authorized to establish a
program to offer scholarships to permit individuals to attend
eligible colleges and universities.
(ii) Eligibility for program.--To be eligible for the
scholarship program, an individual shall be a citizen or
resident of an eligible country who has graduated from a
secondary school in an eligible country.
(iii) Eligible college or university defined.--In this
subparagraph, the term ``eligible college or university''
means a college or university that is organized under the
laws of the United States, a State, or the District of
Columbia, accredited by an accrediting agency recognized by
the Secretary of Education, and primarily located in, but not
controlled by, an eligible country.
(L) Language training program.--The Secretary is authorized
to provide travel and subsistence funding for students who
are United States citizens to travel to eligible countries to
participate in immersion training programs in languages used
in such countries and to develop regulations governing the
provision of such funding.
(e) Secondary School Exchange Program.--
(1) In general.--The Secretary is authorized to establish
an international exchange visitor program, modeled on the
Future Leaders Exchange Program established under the FREEDOM
Support Act (22 U.S.C. 5801 et seq.), for eligible students
to--
(A) attend public secondary school in the United States;
(B) live with a host family in the United States; and
(C) participate in activities designed to promote a greater
understanding of United States and Islamic values and
culture.
(2) Eligible student defined.--In this subsection, the term
``eligible student'' means an individual who--
(A) is a national of an eligible country;
(B) is at least 15 years of age but not more than 18 years
and 6 months of age at the time of enrollment in the program;
(C) is enrolled in a secondary school in an eligible
country;
(D) has completed not more than 11 years of primary and
secondary education, exclusive of kindergarten;
(E) demonstrates maturity, good character, and scholastic
aptitude, and has the proficiency in the English language
necessary to participate in the program;
(F) has not previously participated in an exchange program
in the United States sponsored by the Government of the
United States; and
(G) is not prohibited from entering the United States under
any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) or any other provision of law related to
immigration and nationality.
(3) Compliance with visa requirements.--An eligible student
may not participate in the exchange visitor program
authorized by paragraph (1) unless the eligible student has
the status of nonimmigrant under section 101(a)(15)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)).
(4) Broad participation.--Whenever appropriate, the
Secretary shall make special provisions to ensure the
broadest possible participation in the exchange visitor
program authorized by paragraph (1), particularly among
females and less advantaged citizens of eligible countries.
(5) Designated exchange visitor program.--The exchange
visitor program authorized by paragraph (1) shall be a
designated exchange visitor program for the purposes of
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372).
(6) Regular reporting to the secretary.--If the Secretary
utilizes a United States sponsoring organization to carry out
[[Page S8904]]
the exchange visitor program authorized by paragraph (1),
such United States sponsoring organization shall report
regularly to the Secretary on the progress it has made to
implement such program.
(f) Report on Expediting Visas for Participants in
Exchange, Scholarship, and Visitors Programs.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary and the Secretary of
Homeland Security shall submit to Congress a report on
expediting the issuance of visas to individuals who are
entering the United States for the purpose of participating
in a scholarship, exchange, or visitor program authorized in
subsection (d) or (e) without compromising the security of
the United States.
(2) Recommendations.--The report required by paragraph (1)
shall include--
(A) the recommendations of the Secretary and the Secretary
of Homeland Security, if any, for methods to expedite the
processing of requests for such visas; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(g) Authorization of Appropriations.--Of the amounts
authorized to be appropriated for educational and cultural
exchange programs for fiscal year 2005, there is authorized
to be appropriated to the Department of State $60,000,000 to
carry out programs under this section.
SEC. 509. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a
key element in any global strategy to eliminate Islamist
terrorism.
(2) Education in the Middle East about the world outside
that region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting a
concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education
programs targeting women and girls and programs for adult
literacy, and by other means.
(5) To be effective, the effort to improve education in the
Middle East must also include--
(A) support for the provision of basic education tools,
such as textbooks that translate more of the world's
knowledge into local languages and local libraries to house
such materials; and
(B) more vocational education in trades and business
skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital divide that already have been
developed for other regions of the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--
(A) In general.--The President shall establish an
International Youth Opportunity Fund (hereafter in this
section referred to as the ``Fund'').
(B) International participation.--The President shall seek
the cooperation of the international community in
establishing and generously supporting the Fund.
(2) Purpose.--The purpose of the Fund shall be to provide
financial assistance for the improvement of public education
in the Middle East, including assistance for the construction
and operation of primary and secondary schools in countries
that have a sizable Muslim population and that commit to
sensibly investing their own financial resources in public
education.
(3) Eligibility for assistance.--
(A) Determination.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development, shall determine which countries
are eligible for assistance through the Fund.
(B) Criteria.--In determining whether a country is eligible
for assistance, the Secretary shall consider whether the
government of that country is sensibly investing financial
resources in public education and is committed to promoting a
system of education that teaches tolerance, the dignity and
value of each individual, and respect for different beliefs.
(4) Use of funds.--Financial assistance provided through
the Fund shall be used for expanding literacy programs,
providing textbooks, reducing the digital divide, expanding
vocational and business education, constructing and operating
public schools, establishing local libraries, training
teachers in modern education techniques, and promoting public
education that teaches tolerance, the dignity and value of
each individual, and respect for different beliefs.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State and the Administrator of the United States
Agency for International Development shall jointly prepare
and submit to Congress a report on the improvement of
education in the Middle East.
(2) Content.--Reports submitted under this subsection shall
include the following:
(A) A general strategy for working with eligible host
governments in the Middle East toward establishing the
International Youth Opportunity Fund and related programs.
(B) A listing of countries that are eligible for assistance
under such programs.
(C) A description of the specific programs initiated in
each eligible country and the amount expended in support of
such programs.
(D) A description of activities undertaken to close the
digital divide and expand vocational and business skills in
eligible countries.
(E) A listing of activities that could be undertaken if
additional funding were provided and the amount of funding
that would be necessary to carry out such activities.
(F) A strategy for garnering programmatic and financial
support from international organizations and other countries
in support of the Fund and activities related to the
improvement of public education in eligible countries.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the President for the establishment of
the International Youth Opportunity Fund, in addition to any
amounts otherwise available for such purpose, $40,000,000 for
fiscal year 2005 and such sums as may be necessary for fiscal
years 2006 through 2009.
SEC. 510. REPORT ON THE USE OF ECONOMIC POLICIES TO COMBAT
TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic
policies and repressive political regimes.
(2) Policies that support economic development and reform
also have political implications, as economic and political
liberties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist
between the United States and Israel and the United States
and Jordan.
(4) Existing and proposed free trade agreements between the
United States and Islamic countries are drawing interest from
other countries in the Middle East region, and Islamic
countries can become full participants in the rules-based
global trading system, as the United States considers
lowering its barriers to trade with the poorest Arab
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that encourage
development, open societies, and opportunities for people to
improve the lives of their families and to enhance prospects
for their children's future;
(2) 1 element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that
have a significant population of Arab or Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries
that have a significant population of Arab or Muslim
individuals, including efforts to integrate such countries
into the global trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United
States should devote an increased proportion of its
assistance to countries in the Middle East to the promotion
of the rule of law.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on the efforts of the United States
Government to encourage development and promote economic
reform in countries that have a significant population of
Arab or Muslim individuals.
(2) Content.--The report required under this subsection
shall describe--
(A) efforts to integrate countries with significant
populations of Arab or Muslim individuals into the global
trading system; and
(B) actions that the United States Government, acting alone
and in partnership with other governments in the Middle East,
can take to promote intra-regional trade and the rule of law
in the region.
SEC. 511. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2005 $200,000,000 for the
Middle East Partnership Initiative.
(b) Sense of Congress.--It is the sense of Congress that,
given the importance of the rule of law and economic reform
to development in the Middle East, a significant portion of
the funds authorized to be appropriated under subsection (a)
should be made available to promote the rule of law in the
Middle East.
SEC. 512. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING
TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Almost every aspect of the counterterrorism strategy of
the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign governments
concerning counterterrorism have expanded significantly, but
such contacts have often been ad hoc and not integrated as a
comprehensive and unified approach.
[[Page S8905]]
(b) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress that
the President--
(A) should seek to engage the leaders of the governments of
other countries in a process of advancing beyond separate and
uncoordinated national counterterrorism strategies to develop
with those other governments a comprehensive coalition
strategy to fight Islamist terrorism; and
(B) to that end, should seek to establish an international
counterterrorism policy contact group with the leaders of
governments providing leadership in global counterterrorism
efforts and governments of countries with sizable Muslim
populations, to be used as a ready and flexible international
means for discussing and coordinating the development of
important counterterrorism policies by the participating
governments.
(2) Authority.--The President is authorized to establish an
international counterterrorism policy contact group with the
leaders of governments referred to in paragraph (1) for
purposes as follows:
(A) To develop in common with such other countries
important policies and a strategy that address the various
components of international prosecution of the war on
terrorism, including policies and a strategy that address
military issues, law enforcement, the collection, analysis,
and dissemination of intelligence, issues relating to
interdiction of travel by terrorists, counterterrorism-
related customs issues, financial issues, and issues relating
to terrorist sanctuaries.
(B) To address, to the extent (if any) that the President
and leaders of other participating governments determine
appropriate, such long-term issues as economic and political
reforms that can contribute to strengthening stability and
security in the Middle East.
SEC. 513. DETENTION AND HUMANE TREATMENT OF CAPTURED
TERRORISTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Carrying out the global war on terrorism requires the
development of policies with respect to the detention and
treatment of captured international terrorists that is
adhered to by all coalition forces.
(2) Article 3 of the Convention Relative to the Treatment
of Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316) was specifically designed for cases in which the usual
rules of war do not apply, and the minimum standards of
treatment pursuant to such Article are generally accepted
throughout the world as customary international law.
(b) Definitions.--In this section:
(1) Cruel, inhuman, or degrading treatment or punishment.--
The term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the 5th amendment, 8th amendment,
or 14th amendment to the Constitution.
(2) Geneva conventions.--The term ``Geneva Conventions''
means--
(A) the Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field, done at
Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the Condition of
the Wounded, Sick, and Shipwrecked Members of Armed Forces at
Sea, done at Geneva August 12, 1949 (6 UST 3217);
(C) the Convention Relative to the Treatment of Prisoners
of War, done at Geneva August 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12, 1949 (6 UST
3516).
(3) Prisoner.--The term ``prisoner'' means a foreign
individual captured, detained, interned, or otherwise held in
the custody of the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(5) Torture.--The term ``torture'' has the meaning given
that term in section 2340 of title 18, United States Code.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the United States should engage countries that are
participating in the coalition to fight terrorism to develop
a common approach toward the detention and humane treatment
of captured international terrorists; and
(2) an approach toward the detention and humane treatment
of captured international terrorists developed by the
countries participating in the coalition to fight terrorism
could draw upon Article 3 of the Convention Relative to the
Treatment of Prisoners of War, the principles of which are
commonly accepted as minimum basic standards for humane
treatment of captured individuals.
(d) Policy.--It is the policy of the United States--
(1) to treat any prisoner humanely and in accordance with
standards that the Government of the United States would
determine to be consistent with international law if such
standards were applied to personnel of the United States
captured by an enemy in the war on terrorism;
(2) if there is any doubt as to whether a prisoner is
entitled to the protections afforded by the Geneva
Conventions, to provide the prisoner such protections until
the status of the prisoner is determined under the procedures
authorized by paragraph 1-6 of Army Regulation 190-8 (1997);
and
(3) to expeditiously prosecute cases of terrorism or other
criminal acts alleged to have been committed by prisoners in
the custody of the United States Armed Forces at Guantanamo
Bay, Cuba, in order to avoid the indefinite detention of such
prisoners.
(e) Prohibition on Torture or Cruel, Inhuman, or Degrading
Treatment or Punishment.--
(1) In general.--No prisoner shall be subject to torture or
cruel, inhuman, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the
United States.
(2) Relationship to geneva conventions.--Nothing in this
section shall affect the status of any person under the
Geneva Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(f) Rules, Regulations, and Guidelines.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe the
rules, regulations, or guidelines necessary to ensure
compliance with the prohibition in subsection (e)(1) by the
members of the Armed Forces of the United States and by any
person providing services to the Department of Defense on a
contract basis.
(2) Report to congress.--The Secretary shall submit to
Congress the rules, regulations, or guidelines prescribed
under paragraph (1), and any modifications to such rules,
regulations, or guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(g) Report on Possible Violations.--
(1) Requirement.--The Secretary shall submit, on a timely
basis and not less than twice each year, a report to Congress
on the circumstances surrounding any investigation of a
possible violation of the prohibition in subsection (e)(1) by
a member of the Armed Forces of the United States or by a
person providing services to the Department of Defense on a
contract basis.
(2) Form of report.--A report required under paragraph (1)
shall be submitted in a manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
involved in, or responsible for, a violation of the
prohibition in subsection (e)(1).
(h) Report on a Coalition Approach Toward the Detention and
Humane Treatment of Captured Terrorists.--Not later than 180
days after the date of the enactment of this Act, the
President shall submit to Congress a report describing the
efforts of the United States Government to develop an
approach toward the detention and humane treatment of
captured international terrorists that will be adhered to by
all countries that are members of the coalition against
terrorism.
SEC. 514. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Al Qaeda has tried to acquire or make weapons of mass
destruction since 1994 or earlier.
(2) The United States doubtless would be a prime target for
use of any such weapon by al Qaeda.
(3) Although the United States Government has redoubled its
international commitments to supporting the programs for
Cooperative Threat Reduction and other nonproliferation
assistance programs, nonproliferation experts continue to
express deep concern about the United States Government's
commitment and approach to securing the weapons of mass
destruction and related highly dangerous materials that are
still scattered among Russia and other countries of the
former Soviet Union.
(4) The cost of increased investment in the prevention of
proliferation of weapons of mass destruction and related
dangerous materials is greatly outweighed by the potentially
catastrophic cost to the United States of use of weapons of
mass destruction or related dangerous materials by the
terrorists who are so eager to acquire them.
(b) Sense of Congress.--It is the sense of Congress that--
(1) maximum effort to prevent the proliferation of weapons
of mass destruction, wherever such proliferation may occur,
is warranted; and
(2) the programs of the United States Government to prevent
or counter the proliferation of weapons of mass destruction,
including the Proliferation Security Initiative, the programs
for Cooperative Threat Reduction, and other nonproliferation
assistance programs, should be expanded, improved, and better
funded to address the global dimensions of the proliferation
threat.
(c) Requirement for Strategy.--Not later than 180 days
after the date of the enactment of this Act, the President
shall submit to Congress--
(1) a strategy for expanding and strengthening the
Proliferation Security Initiative, the programs for
Cooperative Threat Reduction, and other nonproliferation
assistance programs; and
(2) an estimate of the funding necessary to execute that
strategy.
[[Page S8906]]
(d) Report on Reforming the Cooperative Threat Reduction
Program and Other Non-Proliferation Assistance Programs.--Not
later than 180 days after the date of the enactment of this
Act, the President shall submit to Congress a report
evaluating whether the United States could more effectively
address the global threat of nuclear proliferation by--
(1) establishing a central coordinator for the programs for
Cooperative Threat Reduction;
(2) eliminating the requirement that the President spend no
more than $50,000,000 annually on programs for Cooperative
Threat Reduction and other non-proliferation assistance
programs carried out outside the former Soviet Union; or
(3) repealing the provisions of the Soviet Nuclear Threat
Reduction Act of 1991 (22 U.S.C. 2551 note) that place
conditions on assistance to the former Soviet Union unrelated
to bilateral cooperation on weapons dismantlement.
SEC. 515. FINANCING OF TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While efforts to designate and freeze the assets of
terrorist financiers have been relatively unsuccessful,
efforts to target the relatively small number of al Qaeda
financial facilitators have been valuable and successful.
(2) The death or capture of several important financial
facilitators has decreased the amount of money available to
al Qaeda, and has made it more difficult for al Qaeda to
raise and move money.
(3) The capture of al Qaeda financial facilitators has
provided a windfall of intelligence that can be used to
continue the cycle of disruption.
(4) The United States Government has rightly recognized
that information about terrorist money helps in understanding
terror networks, searching them out, and disrupting their
operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the primary weapon in the effort to stop terrorist
financing should be the targeting of terrorist financial
facilitators by intelligence and law enforcement agencies;
and
(2) efforts to track terrorist financing must be paramount
in United States counter-terrorism efforts.
(c) Report on Terrorist Financing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report evaluating the effectiveness of United
States efforts to curtail the international financing of
terrorism.
(2) Contents.--The report required by paragraph (1) shall
evaluate and make recommendations on--
(A) the effectiveness of efforts and methods to track
terrorist financing;
(B) ways to improve international governmental cooperation
in this effort;
(C) ways to improve performance of financial institutions
in this effort;
(D) the adequacy of agency coordination in this effort and
ways to improve that coordination; and
(E) recommendations for changes in law and additional
resources required to improve this effort.
TITLE VI--TERRORIST TRAVEL AND EFFECTIVE SCREENING
SEC. 601. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Travel documents are as important to terrorists as
weapons since terrorists must travel clandestinely to meet,
train, plan, case targets, and gain access to attack sites.
(2) International travel is dangerous for terrorists
because they must surface to pass through regulated channels,
present themselves to border security officials, or attempt
to circumvent inspection points.
(3) Terrorists use evasive, but detectable, methods to
travel, such as altered and counterfeit passports and visas,
specific travel methods and routes, liaisons with corrupt
government officials, human smuggling networks, supportive
travel agencies, and immigration and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If an
agency had done so, the agency could have discovered the ways
in which the terrorist predecessors to al Qaeda had been
systematically, but detectably, exploiting weaknesses in our
border security since the early 1990s.
(5) Many of the hijackers were potentially vulnerable to
interception by border authorities. Analyzing their
characteristic travel documents and travel patterns could
have allowed authorities to intercept some of the hijackers
and a more effective use of information available in
Government databases could have identified some of the
hijackers.
(6) The routine operations of our immigration laws and the
aspects of those laws not specifically aimed at protecting
against terrorism inevitably shaped al Qaeda's planning and
opportunities.
(7) New insights into terrorist travel gained since
September 11, 2001, have not been adequately integrated into
the front lines of border security.
(8) The small classified terrorist travel intelligence
collection and analysis program currently in place has
produced useful results and should be expanded.
(b) Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to Congress unclassified and classified versions
of a strategy for combining terrorist travel intelligence,
operations, and law enforcement into a cohesive effort to
intercept terrorists, find terrorist travel facilitators, and
constrain terrorist mobility domestically and
internationally. The report to Congress should include a
description of the actions taken to implement the strategy.
(2) Accountability.--The strategy submitted under paragraph
(1) shall--
(A) describe a program for collecting, analyzing,
disseminating, and utilizing information and intelligence
regarding terrorist travel tactics and methods; and
(B) outline which Federal intelligence, diplomatic, and law
enforcement agencies will be held accountable for
implementing each element of the strategy.
(3) Coordination.--The strategy shall be developed in
coordination with all relevant Federal agencies, including--
(A) the National Counterterrorism Center;
(B) the Department of Transportation;
(C) the Department of State;
(D) the Department of the Treasury;
(E) the Department of Justice;
(F) the Department of Defense;
(G) the Federal Bureau of Investigation;
(H) the Drug Enforcement Agency; and
(I) the agencies that comprise the intelligence community.
(4) Contents.--The strategy shall address--
(A) the intelligence and law enforcement collection,
analysis, operations, and reporting required to identify and
disrupt terrorist travel practices and trends, and the
terrorist travel facilitators, document forgers, human
smugglers, travel agencies, and corrupt border and
transportation officials who assist terrorists;
(B) the initial and ongoing training and training materials
required by consular, border, and immigration officials to
effectively detect and disrupt terrorist travel described
under subsection (c)(3);
(C) the new procedures required and actions to be taken to
integrate existing counterterrorist travel and mobility
intelligence into border security processes, including
consular, port of entry, border patrol, maritime, immigration
benefits, and related law enforcement activities;
(D) the actions required to integrate current terrorist
mobility intelligence into military force protection
measures;
(E) the additional assistance to be given to the
interagency Human Smuggling and Trafficking Center for
purposes of combatting terrorist travel, including further
developing and expanding enforcement and operational
capabilities that address terrorist travel;
(F) the additional resources to be given to the Directorate
of Information and Analysis and Infrastructure Protection to
aid in the sharing of information between the frontline
border agencies of the Department of Homeland Security and
classified and unclassified sources of counterterrorist
travel intelligence and information elsewhere in the Federal
Government, including the Human Smuggling and Trafficking
Center;
(G) the development and implementation of procedures to
enable the Human Smuggling and Trafficking Center to timely
receive terrorist travel intelligence and documentation
obtained at consulates and ports of entry, and by law
enforcement officers and military personnel;
(H) the use of foreign and technical assistance to advance
border security measures and law enforcement operations
against terrorist travel facilitators;
(I) the development of a program to provide each consular,
port of entry, and immigration benefits office with a
counterterrorist travel expert trained and authorized to use
the relevant authentication technologies and cleared to
access all appropriate immigration, law enforcement, and
intelligence databases;
(J) the feasibility of digitally transmitting passport
information to a central cadre of specialists until such time
as experts described under subparagraph (I) are available at
consular, port of entry, and immigration benefits offices;
and
(K) granting consular officers the security clearances
necessary to access law enforcement sensitive databases.
(c) Frontline Counterterrorist Travel Technology and
Training.--
(1) Technology acquisition and dissemination plan.--Not
later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in conjunction with the
Secretary of State, shall submit to Congress a plan
describing how the Department of Homeland Security and the
Department of State can acquire and deploy, to all
consulates, ports of entry, and immigration benefits offices,
technologies that facilitate document authentication and the
detection of potential terrorist indicators on travel
documents.
(2) Contents of plan.--The plan submitted under paragraph
(1) shall--
(A) outline the timetable needed to acquire and deploy the
authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these technologies; and
(ii) train personnel on use of these technologies; and
[[Page S8907]]
(C) address the feasibility of using these technologies to
screen every passport submitted for identification purposes
to a United States consular, border, or immigration official.
(3) Training program.--
(A) In general.--The Secretary of Homeland Security and the
Secretary of State shall develop and implement an initial and
annual training program for consular, border, and immigration
officials to teach such officials how to effectively detect
and disrupt terrorist travel. The Secretary may assist State,
local, and tribal governments, and private industry, in
establishing training programs related to terrorist travel
intelligence.
(B) Training topics.--The training developed under this
paragraph shall include training in--
(i) methods for identifying fraudulent documents;
(ii) detecting terrorist indicators on travel documents;
(iii) recognizing travel patterns, tactics, and behaviors
exhibited by terrorists;
(iv) the use of information contained in available
databases and data systems and procedures to maintain the
accuracy and integrity of such systems; and
(v) other topics determined necessary by the Secretary of
Homeland Security and the Secretary of State.
(C) Certification.--Not later than 1 year after the date of
enactment of this Act--
(i) the Secretary of Homeland Security shall certify to
Congress that all border and immigration officials have
received training under this paragraph; and
(ii) the Secretary of State shall certify to Congress that
all consular officers have received training under this
paragraph.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to
carry out the provisions of this subsection.
(d) Enhancing Classified Counterterrorist Travel Efforts.--
(1) In general.--The National Intelligence Director shall
significantly increase resources and personnel to the small
classified program that collects and analyzes intelligence on
terrorist travel.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this
subsection.
SEC. 602. INTEGRATED SCREENING SYSTEM.
(a) In General.--The Secretary of Homeland Security shall
develop a plan for a comprehensive integrated screening
system.
(b) Design.--The system planned under subsection (a) shall
be designed to--
(1) encompass an integrated network of screening points
that includes the Nation's border security system,
transportation system, and critical infrastructure or
facilities that the Secretary determines need to be protected
against terrorist attack;
(2) build upon existing border enforcement and security
activities, and to the extent practicable, private sector
security initiatives, in a manner that will enable the
utilization of a range of security check points in a
continuous and consistent manner throughout the Nation's
screening system;
(3) allow access to government databases to detect
terrorists; and
(4) utilize biometric identifiers that the Secretary
determines to be appropriate and feasible.
(c) Standards for Screening Procedures.--
(1) Authorization.--The Secretary may promulgate standards
for screening procedures for--
(A) entering and leaving the United States;
(B) accessing Federal facilities that the Secretary
determines need to be protected against terrorist attack;
(C) accessing critical infrastructure that the Secretary
determines need to be protected against terrorist attack; and
(D) accessing modes of transportation that the Secretary
determines need to be protected against terrorist attack.
(2) Scope.--Standards prescribed under this subsection may
address a range of factors, including technologies required
to be used in screening and requirements for secure
identification.
(3) Requirements.--In promulgating standards for screening
procedures, the Secretary shall--
(A) consider and incorporate appropriate civil liberties
and privacy protections;
(B) comply with the Administrative Procedure Act; and
(C) consult with other Federal, State, local, and tribal
governments, and other interested parties, as appropriate.
(4) Limitation.--This section does not confer to the
Secretary new statutory authority, or alter existing
authorities, over systems, critical infrastructure, and
facilities.
(5) Notification.--If the Secretary determines that
additional regulatory authority is needed to fully implement
the plan for an integrated screening system, the Secretary
shall immediately notify Congress.
(d) Compliance.--The Secretary may issue regulations to
ensure compliance with the standards promulgated under this
section.
(e) Consultation.--For those systems, critical
infrastructure, and facilities that the Secretary determines
need to be protected against terrorist attack, the Secretary
shall consult with other Federal agencies, State, local, and
tribal governments, and the private sector to ensure the
development of consistent standards and consistent
implementation of the integrated screening system.
(f) Biometric Identifiers.--In carrying out this section,
the Secretary shall continue to review biometric technologies
and existing Federal and State programs using biometric
identifiers. Such review shall consider the accuracy rate of
available technologies.
(g) Implementation.--
(1) Phase i.--The Secretary shall--
(A) issue standards for driver's licenses, personal
identification cards, and birth certificates, as required
under section 606;
(B) develop plans for, and begin implementation of, a
single program for registered travelers to expedite travel
across the border, as required under section 603(e);
(C) continue the implementation of a biometric exit and
entry data system that links to relevant databases and data
systems, as required by subsections (b) and (c) of section
603 and other existing authorities;
(D) centralize the ``no-fly'' and ``automatic-selectee''
lists, making use of improved terrorists watch lists, as
required by section 703;
(E) develop plans, in consultation with other relevant
agencies, for the sharing of terrorist information with
trusted governments, as required by section 605;
(F) initiate any other action determined appropriate by the
Secretary to facilitate the implementation of this paragraph;
and
(G) report to Congress on the implementation of phase I,
including--
(i) the effectiveness of actions taken, the efficacy of
resources expended, compliance with statutory provisions, and
safeguards for privacy and civil liberties; and
(ii) plans for the development and implementation of phases
II and III.
(2) Phase ii.--The Secretary shall--
(A) complete the implementation of a single program for
registered travelers to expedite travel across the border, as
required by section 603(e);
(B) complete the implementation of a biometric entry and
exit data system that links to relevant databases and data
systems, as required by subsections (b) and (c) of section
603, and other existing authorities;
(C) in cooperation with other relevant agencies, engage in
dialogue with foreign governments to develop plans for the
use of common screening standards;
(D) initiate any other action determined appropriate by the
Secretary to facilitate the implementation of this paragraph;
and
(E) report to Congress on the implementation of phase II,
including--
(i) the effectiveness of actions taken, the efficacy of
resources expended, compliance with statutory provisions, and
safeguards for privacy and civil liberties; and
(ii) the plans for the development and implementation of
phase III.
(3) Phase iii.--The Secretary shall--
(A) finalize and deploy the integrated screening system
required by subsection (a);
(B) in cooperation with other relevant agencies, promote
the implementation of common screening standards by foreign
governments; and
(C) report to Congress on the implementation of Phase III,
including--
(i) the effectiveness of actions taken, the efficacy of
resources expended, compliance with statutory provisions, and
safeguards for privacy and civil liberties; and
(ii) the plans for the ongoing operation of the integrated
screening system.
(h) Report.--After phase III has been implemented, the
Secretary shall submit a report to Congress every 3 years
that describes the ongoing operation of the integrated
screening system, including its effectiveness, efficient use
of resources, compliance with statutory provisions, and
safeguards for privacy and civil liberties.
(i) Authorizations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years
2005 through 2009, such sums as may be necessary to carry out
the provisions of this section.
SEC. 603. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that completing a biometric entry and exit
data system as expeditiously as possible is an essential
investment in efforts to protect the United States by
preventing the entry of terrorists.
(b) Plan and Report.--
(1) Development of plan.--The Secretary of Homeland
Security shall develop a plan to accelerate the full
implementation of an automated biometric entry and exit data
system required by applicable sections of--
(A) the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208);
(B) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106-205);
(C) the Visa Waiver Permanent Program Act (Public Law 106-
396);
(D) the Enhanced Border Security and Visa Entry Reform Act
of 2002 (Public Law 107-173); and
(E) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56).
[[Page S8908]]
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the plan developed under paragraph (1), which
shall contain--
(A) a description of the current functionality of the entry
and exit data system, including--
(i) a listing of ports of entry with biometric entry data
systems in use and whether such screening systems are located
at primary or secondary inspection areas;
(ii) a listing of ports of entry with biometric exit data
systems in use;
(iii) a listing of databases and data systems with which
the automated entry and exit data system are interoperable;
(iv) a description of--
(I) identified deficiencies concerning the accuracy or
integrity of the information contained in the entry and exit
data system;
(II) identified deficiencies concerning technology
associated with processing individuals through the system;
and
(III) programs or policies planned or implemented to
correct problems identified in subclause (I) or (II); and
(v) an assessment of the effectiveness of the entry and
exit data system in fulfilling its intended purposes,
including preventing terrorists from entering the United
States;
(B) a description of factors relevant to the accelerated
implementation of the biometric entry and exit system,
including--
(i) the earliest date on which the Secretary estimates that
full implementation of the biometric entry and exit data
system can be completed;
(ii) the actions the Secretary will take to accelerate the
full implementation of the biometric entry and exit data
system at all ports of entry through which all aliens must
pass that are legally required to do so; and
(iii) the resources and authorities required to enable the
Secretary to meet the implementation date described in clause
(i);
(C) a description of any improvements needed in the
information technology employed for the entry and exit data
system; and
(D) a description of plans for improved or added
interoperability with any other databases or data systems.
(c) Integration Requirement.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
integrate the biometric entry and exit data system with all
databases and data systems maintained by the United States
Citizenship and Immigration Services that process or contain
information on aliens.
(d) Maintaining Accuracy and Integrity of Entry and Exit
Data System.--
(1) In general.--The Secretary, in consultation with other
appropriate agencies, shall establish rules, guidelines,
policies, and operating and auditing procedures for
collecting, removing, and updating data maintained in, and
adding information to, the entry and exit data system, and
databases and data systems linked to the entry and exit data
system, that ensure the accuracy and integrity of the data.
(2) Requirements.--The rules, guidelines, policies, and
procedures established under paragraph (1) shall--
(A) incorporate a simple and timely method for--
(i) correcting errors; and
(ii) clarifying information known to cause false hits or
misidentification errors; and
(B) include procedures for individuals to seek corrections
of data contained in the data systems.
(e) Expediting Registered Travelers Across International
Borders.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(A) expediting the travel of previously screened and known
travelers across the borders of the United States should be a
high priority; and
(B) the process of expediting known travelers across the
border can permit inspectors to better focus on identifying
terrorists attempting to enter the United States.
(2) Definition.--The term ``registered traveler program''
means any program designed to expedite the travel of
previously screened and known travelers across the borders of
the United States.
(3) Registered travel plan.--
(A) In general.--As soon as is practicable, the Secretary
shall develop and implement a plan to expedite the processing
of registered travelers who enter and exit the United States
through a single registered traveler program.
(B) Integration.--The registered traveler program developed
under this paragraph shall be integrated into the automated
biometric entry and exit data system described in this
section.
(C) Review and evaluation.--In developing the program under
this paragraph, the Secretary shall--
(i) review existing programs or pilot projects designed to
expedite the travel of registered travelers across the
borders of the United States;
(ii) evaluate the effectiveness of the programs described
in clause (i), the costs associated with such programs, and
the costs to travelers to join such programs; and
(iii) increase research and development efforts to
accelerate the development and implementation of a single
registered traveler program.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the Department's progress on the
development and implementation of the plan required by this
subsection.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, for each of the fiscal
years 2005 through 2009, such sums as may be necessary to
carry out the provisions of this section.
SEC. 604. TRAVEL DOCUMENTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(1) existing procedures allow many individuals to enter the
United States by showing minimal identification or without
showing any identification;
(2) the planning for the terrorist attacks of September 11,
2001, demonstrates that terrorists study and exploit United
States vulnerabilities; and
(3) additional safeguards are needed to ensure that
terrorists cannot enter the United States.
(b) Biometric Passports.--
(1) Development of plan.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
develop and implement a plan as expeditiously as possible to
require biometric passports or other identification deemed by
the Secretary to be at least as secure as a biometric
passport, for all travel into the United States by United
States citizens and by categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(4)(B)).
(2) Requirement to produce documentation.--The plan
developed under paragraph (1) shall require all United States
citizens, and categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of such Act, to carry and produce the
documentation described in paragraph (1) when traveling from
foreign countries into the United States.
(c) Technical and Conforming Amendments.--After the
complete implementation of the plan described in subsection
(b)--
(1) the Secretary of State and the Attorney General may no
longer exercise discretion under section 212(d)(4)(B) of such
Act to waive documentary requirements for travel into the
United States; and
(2) the President may no longer exercise discretion under
section 215(b) of such Act to waive documentary requirements
for United States citizens departing from or entering, or
attempting to depart from or enter, the United States, unless
the Secretary of State determines that the alternative
documentation that is the basis for the waiver of the
documentary requirement is at least as secure as a biometric
passport.
(d) Transit Without Visa Program.--The Secretary of State
shall not use any authorities granted under section
212(d)(4)(C) of such Act until the Secretary, in conjunction
with the Secretary of Homeland Security, completely
implements a security plan to fully ensure secure transit
passage areas to prevent aliens proceeding in immediate and
continuous transit through the United States from illegally
entering the United States.
SEC. 605. EXCHANGE OF TERRORIST INFORMATION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(1) the exchange of terrorist information with other
countries, consistent with privacy requirements, along with
listings of lost and stolen passports, will have immediate
security benefits; and
(2) the further away from the borders of the United States
that screening occurs, the more security benefits the United
States will gain.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should exchange terrorist
information with trusted allies;
(2) the United States Government should move toward real-
time verification of passports with issuing authorities;
(3) where practicable the United States Government should
conduct screening before a passenger departs on a flight
destined for the United States;
(4) the United States Government should work with other
countries to ensure effective inspection regimes at all
airports;
(5) the United States Government should work with other
countries to improve passport standards and provide foreign
assistance to countries that need help making the transition
to the global standard for identification; and
(6) the Department of Homeland Security, in coordination
with the Department of State and other agencies, should
implement the initiatives called for in this subsection.
(c) Report Regarding the Exchange of Terrorist
Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and the
Secretary of Homeland Security, working with other agencies,
shall submit to the appropriate committees of Congress a
report on Federal efforts to collaborate with allies of the
United States in the exchange of terrorist information.
(2) Contents.--The report shall outline--
[[Page S8909]]
(A) strategies for increasing such collaboration and
cooperation;
(B) progress made in screening passengers before their
departure to the United States; and
(C) efforts to work with other countries to accomplish the
goals described under this section.
SEC. 606. MINIMUM STANDARDS FOR IDENTIFICATION-RELATED
DOCUMENTS.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:
``SEC. 890A. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
``(a) Definition.--In this section, the term `birth
certificate' means a certificate of birth--
``(1) for an individual (regardless of where born)--
``(A) who is a citizen or national of the United States at
birth; and
``(B) whose birth is registered in the United States; and
``(2) that--
``(A) is issued by a Federal, State, or local government
agency or authorized custodian of record and produced from
birth records maintained by such agency or custodian of
record; or
``(B) is an authenticated copy, issued by a Federal, State,
or local government agency or authorized custodian of record,
of an original certificate of birth issued by such agency or
custodian of record.
``(b) Standards for Acceptance by Federal Agencies.--
``(1) In general.--Beginning 2 years after the promulgation
of minimum standards under paragraph (2), no Federal agency
may accept a birth certificate for any official purpose
unless the certificate conforms to such standards.
``(2) Minimum standards.--Within 1 year after the date of
enactment of this section, the Secretary shall by regulation
establish minimum standards for birth certificates for use by
Federal agencies for official purposes that--
``(A) at a minimum, shall require certification of the
birth certificate by the State or local government custodian
of record that issued the certificate, and shall require the
use of safety paper, the seal of the issuing custodian of
record, and other features designed to prevent tampering,
counterfeiting, or otherwise duplicating the birth
certificate for fraudulent purposes;
``(B) shall establish requirements for proof and
verification of identity as a condition of issuance of a
birth certificate, with additional security measures for the
issuance of a birth certificate for a person who is not the
applicant;
``(C) may not require a single design to which birth
certificates issued by all States must conform; and
``(D) shall accommodate the differences between the States
in the manner and form in which birth records are stored and
birth certificates are produced from such records.
``(3) Consultation with government agencies.--In
promulgating the standards required by paragraph (2), the
Secretary shall consult with State vital statistics offices
and appropriate Federal agencies.
``(4) Extension of effective date.--The Secretary may
extend the 2-year date under paragraph (1) by up to 2
additional years for birth certificates issued before that 2-
year date if the Secretary determines that the States are
unable to comply with such date after making reasonable
efforts to do so.
``(c) Grants to States.--
``(1) Assistance in meeting federal standards.--
``(A) In general.--Beginning on the date a final regulation
is promulgated under subsection (b)(2), the Secretary shall
make grants to States to assist them in conforming to the
minimum standards for birth certificates set forth in the
regulation.
``(B) Allocation of grants.--The Secretary shall make
grants to States under this paragraph based on the proportion
that the estimated average annual number of birth
certificates issued by a State applying for a grant bears to
the estimated average annual number of birth certificates
issued by all States.
``(2) Assistance in matching birth and death records.--
``(A) In general.--The Secretary, in coordination with
other appropriate Federal agencies, shall make grants to
States to assist them in--
``(i) computerizing their birth and death records;
``(ii) developing the capability to match birth and death
records within each State and among the States; and
``(iii) noting the fact of death on the birth certificates
of deceased persons.
``(B) Allocation of grants.--The Secretary shall make
grants to States under this paragraph based on the proportion
that the estimated annual average number of birth and death
records created by a State applying for a grant bears to the
estimated annual average number of birth and death records
originated by all States.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for each of
the fiscal years 2005 through 2009 such sums as may be
necessary to carry out this section.
``SEC. 890B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
CARDS.
``(a) Definitions.--In this section:
``(1) Driver's license.--The term `driver's license' means
a motor vehicle operator's license as defined in section
30301(5) of title 49, United States Code.
``(2) Personal identification card.--The term `personal
identification card' means an identification document (as
defined in section 1028(d)(3) of title 18, United States
Code) issued by a State.
``(b) Standards for Acceptance by Federal Agencies.--
``(1) In general.--
``(A) Limitation on acceptance.--No Federal agency may
accept, for any official purpose, a driver's license or
personal identification card issued by a State more than 2
years after the promulgation of the minimum standards under
paragraph (2) unless the driver's license or personal
identification card conforms to such minimum standards.
``(B) Date for conformance.--The Secretary shall establish
a date after which no driver's license or personal
identification card shall be accepted by a Federal agency for
any official purpose unless such driver's license or personal
identification card conforms to the minimum standards
established under paragraph (2). The date shall be as early
as the Secretary determines it is practicable for the States
to comply with such date with reasonable efforts.
``(2) Minimum standards.--Within 1 year after the date of
enactment of this section, the Secretary shall by regulation
establish minimum standards for driver's licenses or personal
identification cards issued by a State for use by Federal
agencies for identification purposes that shall include--
``(A) standards for documentation required as proof of
identity of an applicant for a driver's license or
identification card;
``(B) standards for third-party verification of the
authenticity of documents used to obtain a driver's license
or identification card;
``(C) standards for the processing of applications for
driver's licenses and identification cards to prevent fraud;
``(D) security standards to ensure that driver's licenses
and identification cards are--
``(i) resistant to tampering, alteration, or
counterfeiting; and
``(ii) capable of accommodating a digital photograph or
other unique identifier; and
``(E) a requirement that a State confiscate a driver's
license or identification card if any component or security
feature of the license or identification card is compromised.
``(3) Content of regulations.--The regulations required by
paragraph (2)--
``(A) shall facilitate communication between the chief
driver licensing official of a State and an appropriate
official of a Federal agency to verify the authenticity of
documents issued by such Federal agency and presented to
prove the identity of an individual;
``(B) may not directly or indirectly infringe on a State's
power to set eligibility criteria for obtaining a driver's
license or identification card from that State; and
``(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes with
the full enforcement of such eligibility criteria by the
State.
``(4) Consultation with government agencies.--In
promulgating the standards required by paragraph (2), the
Secretary shall consult with the Department of
Transportation, the chief driver licensing official of each
State, any other State organization that issues personal
identification cards, and any organization, determined
appropriate by the Secretary, that represents the interests
of the States.
``(c) Grants to States.--
``(1) Assistance in meeting federal standards.--Beginning
on the date a final regulation is promulgated under
subsection (b)(2), the Secretary shall make grants to States
to assist them in conforming to the minimum standards for
driver's licenses and personal identification cards set forth
in the regulation.
``(2) Allocation of grants.--The Secretary shall make
grants to States under this subsection based on the
proportion that the estimated average annual number of
driver's licenses and personal identification cards issued by
a State applying for a grant bears to the average annual
number of such documents issued by all States.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for each of
the fiscal years 2005 through 2009, such sums as may be
necessary to carry out this section.
``SEC. 890C. SOCIAL SECURITY CARDS.
``(a) Security Enhancements.--The Commissioner of Social
Security shall--
``(1) within 180 days after the date of enactment of this
section, issue regulations to restrict the issuance of
multiple replacement social security cards to any individual
to minimize fraud;
``(2) within 1 year after the date of enactment of this
section, require independent verification of all records
provided by an applicant for an original social security
card, other than for purposes of enumeration at birth; and
``(3) within 18 months after the date of enactment of this
section, add death, fraud, and work authorization indicators
to the social security number verification system.
``(b) Interagency Security Task Force.--The Secretary and
the Commissioner of Social Security shall form an interagency
task force for the purpose of further improving the security
of social security cards and
[[Page S8910]]
numbers. Within 1 year after the date of enactment of this
section, the task force shall establish security
requirements, including--
``(1) standards for safeguarding social security cards from
counterfeiting, tampering, alteration, and theft;
``(2) requirements for verifying documents submitted for
the issuance of replacement cards; and
``(3) actions to increase enforcement against the
fraudulent use or issuance of social security numbers and
cards.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Commissioner of Social
Security for each of the fiscal years 2005 through 2009, such
sums as may be necessary to carry out this section.''.
(b) Technical and Conforming Amendments.--
(1) Section 656 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note) is
repealed.
(2) Section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 890 the following:
``Sec. 890A. Minimum standards for birth certificates.
``Sec. 890B. Driver's licenses and personal identification cards.
``Sec. 890C. Social security cards.''.
TITLE VII--TRANSPORTATION SECURITY
SEC. 701. DEFINITIONS.
In this title, the terms ``air carrier'', ``air
transportation'', ``aircraft'', ``airport'', ``cargo'',
``foreign air carrier'', and ``intrastate air
transportation'' have the meanings given such terms in
section 40102 of title 49, United States Code.
SEC. 702. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) Requirement for Strategy.--
(1) Responsibilities of secretary of homeland security.--
The Secretary of Homeland Security shall--
(A) develop and implement a National Strategy for
Transportation Security; and
(B) revise such strategy whenever necessary to improve or
to maintain the currency of the strategy or whenever the
Secretary otherwise considers it appropriate to do so.
(2) Consultation with secretary of transportation.--The
Secretary of Homeland Security shall consult with the
Secretary of Transportation in developing and revising the
National Strategy for Transportation Security under this
section.
(b) Content.--The National Strategy for Transportation
Security shall include the following matters:
(1) An identification and evaluation of the transportation
assets within the United States that, in the interests of
national security, must be protected from attack or
disruption by terrorist or other hostile forces, including
aviation, bridge and tunnel, commuter rail and ferry,
highway, maritime, pipeline, rail, urban mass transit, and
other public transportation infrastructure assets that could
be at risk of such an attack or disruption.
(2) The development of the risk-based priorities, and
realistic deadlines, for addressing security needs associated
with those assets.
(3) The most practical and cost-effective means of
defending those assets against threats to their security.
(4) A forward-looking strategic plan that assigns
transportation security roles and missions to departments and
agencies of the Federal Government (including the Armed
Forces), State governments (including the Army National Guard
and Air National Guard), local governments, and public
utilities, and establishes mechanisms for encouraging private
sector cooperation and participation in the implementation of
such plan.
(5) A comprehensive delineation of response and recovery
responsibilities and issues regarding threatened and executed
acts of terrorism within the United States.
(6) A prioritization of research and development objectives
that support transportation security needs, giving a higher
priority to research and development directed toward
protecting vital assets.
(7) A budget and recommendations for appropriate levels and
sources of funding to meet the objectives set forth in the
strategy.
(c) Submissions to Congress.--
(1) The national strategy.--
(A) Initial strategy.--The Secretary of Homeland Security
shall submit the National Strategy for Transportation
Security developed under this section to Congress not later
than April 1, 2005.
(B) Subsequent versions.--After 2005, the Secretary of
Homeland Security shall submit the National Strategy for
Transportation Security, including any revisions, to Congress
not less frequently than April 1 of each even-numbered year.
(2) Periodic progress report.--
(A) Requirement for report.--Each year, in conjunction with
the submission of the budget to Congress under section
1105(a) of title 31, United States Code, the Secretary of
Homeland Security shall submit to Congress an assessment of
the progress made on implementing the National Strategy for
Transportation Security.
(B) Content.--Each progress report under this paragraph
shall include, at a minimum, the following matters:
(i) An assessment of the adequacy of the resources
committed to meeting the objectives of the National Strategy
for Transportation Security.
(ii) Any recommendations for improving and implementing
that strategy that the Secretary, in consultation with the
Secretary of Transportation, considers appropriate.
(3) Classified material.--Any part of the National Strategy
for Transportation Security that involves information that is
properly classified under criteria established by Executive
order shall be submitted to Congress separately in classified
form.
(d) Priority Status.--
(1) In general.--The National Strategy for Transportation
Security shall be the governing document for Federal
transportation security efforts.
(2) Other plans and reports.--The National Strategy for
Transportation Security shall include, as an integral part or
as an appendix--
(A) the current National Maritime Transportation Security
Plan under section 70103 of title 46, United States Code;
(B) the report of the Secretary of Transportation under
section 44938 of title 49, United States Code; and
(C) any other transportation security plan or report that
the Secretary of Homeland Security determines appropriate for
inclusion.
SEC. 703. USE OF WATCHLISTS FOR PASSENGER AIR TRANSPORTATION
SCREENING.
(a) In General.--The Secretary of Homeland Security, acting
through the Transportation Security Administration, as soon
as practicable after the date of the enactment of this Act
but in no event later than 90 days after that date, shall--
(1) implement a procedure under which the Transportation
Security Administration compares information about passengers
who are to be carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation
or intrastate air transportation for flights and flight
segments originating in the United States with a
comprehensive, consolidated database containing information
about known or suspected terrorists and their associates; and
(2) use the information obtained by comparing the passenger
information with the information in the database to prevent
known or suspected terrorists and their associates from
boarding such flights or flight segments or to subject them
to specific additional security scrutiny, through the use of
``no fly'' and ``automatic selectee'' lists or other means.
(b) Air Carrier Cooperation.--The Secretary of Homeland
Security, in coordination with the Secretary of
Transportation, shall by order require air carriers to
provide the passenger information necessary to implement the
procedure required by subsection (a).
(c) Maintaining the Accuracy and Integrity of the ``No
Fly'' and ``Automatic Selectee'' Lists.--
(1) Watchlist database.--The Secretary of Homeland
Security, in consultation with the Director of the Federal
Bureau of Investigation, shall design guidelines, policies,
and operating procedures for the collection, removal, and
updating of data maintained, or to be maintained, in the
watchlist database described in subsection (a)(1) that are
designed to ensure the accuracy and integrity of the
database.
(2) Accuracy of entries.--In developing the ``no fly'' and
``automatic selectee'' lists under subsection (a)(2), the
Secretary of Homeland Security shall establish a simple and
timely method for correcting erroneous entries, for
clarifying information known to cause false hits or
misidentification errors, and for updating relevant
information that is dispositive in the passenger screening
process. The Secretary shall also establish a process to
provide individuals whose names are confused with, or similar
to, names in the database with a means of demonstrating that
they are not a person named in the database.
SEC. 704. ENHANCED PASSENGER AND CARGO SCREENING.
(a) Aircraft Passenger Screening at Checkpoints.--
(1) Detection of explosives.--
(A) Improvement of capabilities.--As soon as practicable
after the date of the enactment of this Act, the Secretary of
Homeland Security shall take such action as is necessary to
improve the capabilities at passenger screening checkpoints,
especially at commercial airports, to detect explosives
carried aboard aircraft by passengers or placed aboard
aircraft by passengers.
(B) Interim action.--Until measures are implemented that
enable the screening of all passengers for explosives, the
Secretary shall take immediate measures to require
Transportation Security Administration or other screeners to
screen for explosives any individual identified for
additional screening before that individual may board an
aircraft.
(2) Implementation report.--
(A) Requirement for report.--Within 90 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall transmit to the Senate and the House of
Representatives a report on how the Secretary intends to
achieve the objectives of the actions required under
paragraph (1). The report shall include an implementation
schedule.
(B) Classified information.--The Secretary may submit
separately in classified form any information in the report
under subparagraph (A) that involves information that is
properly classified under criteria established by Executive
order.
[[Page S8911]]
(b) Acceleration of Research and Development on, and
Deployment of, Detection of Explosives.--
(1) Required action.--The Secretary of Homeland Security,
in consultation with the Secretary of Transportation, shall
take such action as may be necessary to accelerate research
and development and deployment of technology for screening
aircraft passengers for explosives during or before the
aircraft boarding process.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as are
necessary to carry out this subsection for each of fiscal
years 2005 through 2009.
(c) Improvement of Screener Job Performance.--
(1) Required action.--The Secretary of Homeland Security
shall take such action as may be necessary to improve the job
performance of airport screening personnel.
(2) Human factors study.--In carrying out this subsection,
the Secretary shall, not later than 180 days after the date
of the enactment of this Act, conduct a human factors study
in order better to understand problems in screener
performance and to set attainable objectives for individual
screeners and screening checkpoints.
(d) Checked Baggage and Cargo.--
(1) In-line baggage screening.--The Secretary of Homeland
Security shall take such action as may be necessary to
expedite the installation and use of advanced in-line
baggage-screening equipment at commercial airports.
(2) Cargo security.--The Secretary shall take such action
as may be necessary to ensure that the Transportation
Security Administration increases and improves its efforts to
screen potentially dangerous cargo.
(3) Hardened containers.--The Secretary, in consultation
with the Secretary of Transportation, shall require air
carriers to deploy at least 1 hardened container for
containing baggage or cargo items in each passenger aircraft
that also carries cargo.
(e) Cost-Sharing.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with representatives of air
carriers, airport operators, and other interested parties,
shall submit to the Senate and the House of Representatives--
(1) a proposed formula for cost-sharing, for the advanced
in-line baggage screening equipment required by this title,
between and among the Federal Government, State and local
governments, and the private sector that reflects
proportionate national security benefits and private sector
benefits for such enhancement; and
(2) recommendations, including recommended legislation, for
an equitable, feasible, and expeditious system for defraying
the costs of the advanced in-line baggage screening equipment
required by this title, which may be based on the formula
proposed under paragraph (1).
TITLE VIII--NATIONAL PREPAREDNESS
SEC. 801. HOMELAND SECURITY ASSISTANCE.
(a) Definitions.--In this section:
(1) Community.--The term ``community'' means a State, local
government, or region.
(2) Homeland security assistance.--The term ``homeland
security assistance'' means grants or other financial
assistance provided by the Department of Homeland Security
under the State Homeland Security Grants Program, the Urban
Areas Security Initiative, or the Law Enforcement Terrorism
Prevention Program.
(3) Local government.--The term ``local government'' has
the meaning given that term in section 2(10) of the Homeland
Security Act of 2002 (6 U.S.C. 101(10)).
(4) Region.--The term ``region'' means any intrastate or
interstate consortium of local governments.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) State.--The term ``State'' has the meaning given that
term in section 2(14) of the Homeland Security Act of 2002 (6
U.S.C. 101(14)).
(7) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection.
(b) In General.--The Secretary shall allocate homeland
security assistance to communities based on--
(1) the level of threat faced by a community, as determined
by the Secretary through the Under Secretary, in consultation
with the National Intelligence Director;
(2) the critical infrastructure in the community, and the
risks to and vulnerability of that infrastructure, as
identified and assessed by the Secretary through the Under
Secretary;
(3) the community's population and population density;
(4) such other indicia of a community's risk and
vulnerability as the Secretary determines is appropriate;
(5) the benchmarks developed under subsection (d)(4)(A);
and
(6) the goal of achieving and enhancing essential emergency
preparedness and response capabilities throughout the Nation.
(c) Reallocation of Assistance.--A State receiving homeland
security assistance may reallocate such assistance, in whole
or in part, among local governments or other entities, only
if such reallocation is made on the basis of an assessment of
threats, risks, and vulnerabilities of the local governments
or other entities that is consistent with the criteria set
forth in subsection (b).
(d) Advisory Panel.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish an
advisory panel to assist the Secretary in determining how to
allocate homeland security assistance funds most effectively
among communities, consistent with the criteria set out in
subsection (b).
(2) Selection of members.--The Secretary shall appoint no
fewer than 10 individuals to serve on the advisory panel. The
individuals shall--
(A) be chosen on the basis of their knowledge,
achievements, and experience;
(B) be from diverse geographic and professional
backgrounds; and
(C) have demonstrated expertise in homeland security or
emergency preparedness and response.
(3) Term.--Each member of the advisory panel appointed by
the Secretary shall serve a term the length of which is to be
determined by the Secretary, but which shall not exceed 5
years.
(4) Responsibilities.--The advisory panel shall--
(A) develop benchmarks by which the needs and capabilities
of diverse communities throughout the Nation with respect to
potential terrorist attacks may be assessed, and review and
revise those benchmarks as appropriate; and
(B) advise the Secretary on means of establishing
appropriate priorities for the allocation of funding among
applicants for homeland security assistance.
(5) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the advisory
panel shall provide the Secretary and Congress with a report
on the benchmarks it has developed under paragraph (4)(A),
including any revisions or modifications to such benchmarks.
(6) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the advisory panel.
(7) Administrative support services.--The Secretary shall
provide administrative support services to the advisory
panel.
(e) Technical and Conforming Amendment.--Section 1014(c) of
the USA PATRIOT ACT of 2001 (42 U.S.C. 3714(c)) is amended by
striking paragraph (3).
SEC. 802. THE INCIDENT COMMAND SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The attacks on September 11, 2001, demonstrated that
even the most robust emergency response capabilities can be
overwhelmed if an attack is large enough.
(2) Teamwork, collaboration, and cooperation at an incident
site are critical to a successful response to a terrorist
attack.
(3) Key decision makers who are represented at the incident
command level help to ensure an effective response, the
efficient use of resources, and responder safety.
(4) Regular joint training at all levels is essential to
ensuring close coordination during an actual incident.
(5) Beginning with fiscal year 2005, the Department of
Homeland Security is requiring that entities adopt the
Incident Command System and other concepts of the National
Incident Management System in order to qualify for funds
distributed by the Office of State and Local Government
Coordination and Preparedness.
(b) Sense of Congress.--It is the sense of Congress that--
(1) emergency response agencies nationwide should adopt the
Incident Command System;
(2) when multiple agencies or multiple jurisdictions are
involved, they should follow a unified command system; and
(3) the Secretary of Homeland Security should require, as a
further condition of receiving homeland security preparedness
funds from the Office of State and Local Government
Coordination and Preparedness, that grant applicants document
measures taken to fully and aggressively implement the
Incident Command System and unified command procedures.
SEC. 803. NATIONAL CAPITAL REGION MUTUAL AID.
(a) Definitions.--In this section:
(1) Authorized representative of the federal government.--
The term ``authorized representative of the Federal
Government'' means any individual or individuals designated
by the President with respect to the executive branch, the
Chief Justice with respect to the Federal judiciary, or the
President of the Senate and Speaker of the House of
Representatives with respect to Congress, or their designees,
to request assistance under a Mutual Aid Agreement for an
emergency or public service event.
(2) Chief operating officer.--The term ``chief operating
officer'' means the official designated by law to declare an
emergency in and for the locality of that chief operating
officer.
(3) Emergency.--The term ``emergency'' means a major
disaster or emergency declared by the President, or a state
of emergency declared by the Mayor of the District of
Columbia, the Governor of the State of Maryland or the
Commonwealth of Virginia, or the declaration of a local
emergency by the chief operating officer of a locality, or
their designees, that triggers mutual aid under the terms of
a Mutual Aid Agreement.
(4) Employee.--The term ``employee'' means the employees of
the party, including
[[Page S8912]]
its agents or authorized volunteers, who are committed in a
Mutual Aid Agreement to prepare for or who respond to an
emergency or public service event.
(5) Locality.--The term ``locality'' means a county, city,
or town within the State of Maryland or the Commonwealth of
Virginia and within the National Capital Region.
(6) Mutual aid agreement.--The term ``Mutual Aid
Agreement'' means an agreement, authorized under subsection
(b) for the provision of police, fire, rescue and other
public safety and health or medical services to any party to
the agreement during a public service event, an emergency, or
pre-planned training event.
(7) National capital region or region.--The term ``National
Capital Region'' or ``Region'' means the area defined under
section 2674(f)(2) of title 10, United States Code, and those
counties with a border abutting that area and any
municipalities therein.
(8) Party.--The term ``party'' means the State of Maryland,
the Commonwealth of Virginia, the District of Columbia, and
any of the localities duly executing a Mutual Aid Agreement
under this section.
(9) Public service event.--The term ``public service
event''--
(A) means any undeclared emergency, incident or situation
in preparation for or response to which the Mayor of the
District of Columbia, an authorized representative of the
Federal Government, the Governor of the State of Maryland,
the Governor of the Commonwealth of Virginia, or the chief
operating officer of a locality in the National Capital
Region, or their designees, requests or provides assistance
under a Mutual Aid Agreement within the National Capital
Region; and
(B) includes Presidential inaugurations, public gatherings,
demonstrations and protests, and law enforcement, fire,
rescue, emergency health and medical services,
transportation, communications, public works and engineering,
mass care, and other support that require human resources,
equipment, facilities or services supplemental to or greater
than the requesting jurisdiction can provide.
(10) State.--The term ``State'' means the State of
Maryland, the Commonwealth of Virginia, and the District of
Columbia.
(11) Training.--The term ``training'' means emergency and
public service event-related exercises, testing, or other
activities using equipment and personnel to simulate
performance of any aspect of the giving or receiving of aid
by National Capital Region jurisdictions during emergencies
or public service events, such actions occurring outside
actual emergency or public service event periods.
(b) Mutual Aid Authorized.--
(1) In general.--The Mayor of the District of Columbia, any
authorized representative of the Federal Government, the
Governor of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating officer of a
locality, or their designees, acting within his or her
jurisdictional purview, may, subject to State law, enter
into, request or provide assistance under Mutual Aid
Agreements with localities, the Washington Metropolitan Area
Transit Authority, the Metropolitan Washington Airports
Authority, and any other governmental agency or authority
for--
(A) law enforcement, fire, rescue, emergency health and
medical services, transportation, communications, public
works and engineering, mass care, and resource support in an
emergency or public service event;
(B) preparing for, mitigating, managing, responding to or
recovering from any emergency or public service event; and
(C) training for any of the activities described under
subparagraphs (A) and (B).
(2) Facilitating localities.--The State of Maryland and the
Commonwealth of Virginia are encouraged to facilitate the
ability of localities to enter into interstate Mutual Aid
Agreements in the National Capital Region under this section.
(3) Application and effect.--This section--
(A) does not apply to law enforcement security operations
at special events of national significance under section
3056(e) of title 18, United States Code, or other law
enforcement functions of the United States Secret Service;
(B) does not diminish any authorities, express or implied,
of Federal agencies to enter into Mutual Aid Agreements in
furtherance of their Federal missions; and
(C) does not--
(i) preclude any party from entering into supplementary
Mutual Aid Agreements with fewer than all the parties, or
with another party; or
(ii) affect any other agreement in effect before the date
of enactment of this Act among the States and localities,
including the Emergency Management Assistance Compact.
(4) Rights described.--Other than as described in this
section, the rights and responsibilities of the parties to a
Mutual Aid Agreement entered into under this section shall be
as described in the Mutual Aid Agreement.
(c) District of Columbia.--
(1) In general.--The District of Columbia may purchase
liability and indemnification insurance or become self
insured against claims arising under a Mutual Aid Agreement
authorized under this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (1).
(d) Liability and Actions at Law.--
(1) In general.--Any responding party or its officers or
employees rendering aid or failing to render aid to the
District of Columbia, the Federal Government, the State of
Maryland, the Commonwealth of Virginia, or a locality, under
a Mutual Aid Agreement authorized under this section, and any
party or its officers or employees engaged in training
activities with another party under such a Mutual Aid
Agreement, shall be liable on account of any act or omission
of its officers or employees while so engaged or on account
of the maintenance or use of any related equipment,
facilities, or supplies, but only to the extent permitted
under the laws and procedures of the State of the party
rendering aid.
(2) Actions.--Any action brought against a party or its
officers or employees on account of an act or omission in the
rendering of aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, or failure to render such aid or on
account of the maintenance or use of any related equipment,
facilities, or supplies may be brought only under the laws
and procedures of the State of the party rendering aid and
only in the Federal or State courts located therein. Actions
against the United States under this section may be brought
only in Federal courts.
(3) Good faith exception.--
(A) Definition.--In this paragraph, the term ``good faith''
shall not include willful misconduct, gross negligence, or
recklessness.
(B) Exception.--No State or locality, or its officers or
employees, rendering aid to another party, or engaging in
training, under a Mutual Aid Agreement shall be liable under
Federal law on account of any act or omission performed in
good faith while so engaged, or on account of the maintenance
or use of any related equipment, facilities, or supplies
performed in good faith.
(4) Immunities.--This section shall not abrogate any other
immunities from liability that any party has under any other
Federal or State law.
(d) Workers Compensation.--
(1) Compensation.--Each party shall provide for the payment
of compensation and death benefits to injured members of the
emergency forces of that party and representatives of
deceased members of such forces if such members sustain
injuries or are killed while rendering aid to the District of
Columbia, the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a Mutual Aid
Agreement, or engaged in training activities under a Mutual
Aid Agreement, in the same manner and on the same terms as if
the injury or death were sustained within their own
jurisdiction.
(2) Other state law.--No party shall be liable under the
law of any State other than its own for providing for the
payment of compensation and death benefits to injured members
of the emergency forces of that party and representatives of
deceased members of such forces if such members sustain
injuries or are killed while rendering aid to the District of
Columbia, the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a Mutual Aid
Agreement or engaged in training activities under a Mutual
Aid Agreement.
(e) Licenses and Permits.--If any person holds a license,
certificate, or other permit issued by any responding party
evidencing the meeting of qualifications for professional,
mechanical, or other skills and assistance is requested by a
receiving jurisdiction, such person will be deemed licensed,
certified, or permitted by the receiving jurisdiction to
render aid involving such skill to meet a public service
event, emergency or training for any such events.
SEC. 804. ASSIGNMENT OF SPECTRUM FOR PUBLIC SAFETY.
Section 309(j)(14) of the Communications Act of 1934 (47
U.S.C. 309(j)(14)) is amended by adding at the end the
following:
``(E) Extensions not permitted for channels (63, 64, 68 and
69) reassigned for public safety services.--Notwithstanding
subparagraph (B), the Commission shall not grant any
extension under such subparagraph from the limitation of
subparagraph (A) with respect to the frequencies assigned,
under section 337(a)(1), for public safety services. The
Commission shall take all actions necessary to complete
assignment of the electromagnetic spectrum between 764 and
776 megahertz, inclusive, and between 794 and 806 megahertz,
inclusive, for public safety services and to permit
operations by public safety services on those frequencies
commencing not later than January 1, 2007.''.
SEC. 805. URBAN AREA COMMUNICATIONS CAPABILITIES.
(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end
the following:
``SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CAPABILITIES.
``The Secretary, in consultation with the Federal
Communications Commission and the Secretary of Defense, and
with appropriate governors, mayors, and other State and local
government officials, shall encourage and support the
establishment of consistent and effective communications
capabilities in the event of an emergency in urban areas
determined by the Secretary to
[[Page S8913]]
be at consistently high levels of risk from terrorist attack.
Such communications capabilities shall ensure the ability of
all levels of government agencies, including military
authorities, and of first responders, hospitals, and other
organizations with emergency response capabilities to
communicate with each other in the event of an emergency.
Additionally, the Secretary, in conjunction with the
Secretary of Defense, shall develop plans to provide back-up
and additional communications support in the event of an
emergency.''.
(b) Technical and Conforming Amendment.--Section 1(b) of
that Act is amended by inserting after the item relating to
section 509 the following:
``Sec. 510. High risk urban area communications capabilities.''.
SEC. 806. PRIVATE SECTOR PREPAREDNESS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Private sector organizations own 85 percent of the
Nation's critical infrastructure and employ the vast majority
of the Nation's workers.
(2) Unless a terrorist attack targets a military or other
secure government facility, the first people called upon to
respond will likely be civilians.
(3) Despite the exemplary efforts of some private entities,
the private sector remains largely unprepared for a terrorist
attack, due in part to the lack of a widely accepted standard
for private sector preparedness.
(4) Preparedness in the private sector and public sector
for rescue, restart and recovery of operations should
include--
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(5) The American National Standards Institute recommends a
voluntary national preparedness standard for the private
sector based on the existing American National Standard on
Disaster/Emergency Management and Business Continuity
Programs (NFPA 1600), with appropriate modifications. This
standard would establish a common set of criteria and
terminology for preparedness, disaster management, emergency
management, and business continuity programs.
(6) The mandate of the Department of Homeland Security
extends to working with the private sector, as well as
government entities.
(b) Private Sector Preparedness Program.--
(1) In general.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 805, is
amended by adding at the end the following:
``SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.
``The Secretary shall establish a program to promote
private sector preparedness for terrorism and other
emergencies, including promoting the adoption of a voluntary
national preparedness standard such as the private sector
preparedness standard developed by the American National
Standards Institute and based on the National Fire Protection
Association 1600 Standard on Disaster/Emergency Management
and Business Continuity Programs.''.
(2) Technical and conforming amendment.--Section 1(b) of
that Act, as amended by section 805, is amended by inserting
after the item relating to section 510 the following:
``Sec. 511. Private sector preparedness program.''.
(c) Sense of Congress.--It is the sense of Congress that
insurance and credit-rating industries should consider
compliance with the voluntary national preparedness standard,
the adoption of which is promoted by the Secretary of
Homeland Security under section 511 of the Homeland Security
Act of 2002, as added by subsection (b), in assessing
insurability and credit worthiness.
SEC. 807. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a) Findings.--Congress finds the following:
(1) Under section 201 of the Homeland Security Act of 2002
(6 U.S.C 121), the Department of Homeland Security, through
the Under Secretary for Information Analysis and
Infrastructure Protection, has the responsibility--
(A) to carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks posed
by particular types of terrorist attacks within the United
States;
(B) to identify priorities for protective and supportive
measures; and
(C) to develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States.
(2) Under Homeland Security Presidential Directive 7,
issued on December 17, 2003, the Secretary of Homeland
Security was given 1 year to develop a comprehensive plan to
identify, prioritize, and coordinate the protection of
critical infrastructure and key resources.
(3) Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, the Secretary of
Homeland Security should--
(A) identify those elements of the United States'
transportation, energy, communications, financial, and other
institutions that need to be protected;
(B) develop plans to protect that infrastructure; and
(C) exercise mechanisms to enhance preparedness.
(b) Reports on Risk Assessment and Readiness.--Not later
than 180 days after the date of enactment of this Act and
annually thereafter, the Secretary of Homeland Security shall
submit a report to Congress on--
(1) the Department of Homeland Security's progress in
completing vulnerability and risk assessments of the Nation's
critical infrastructure;
(2) the adequacy of the Government's plans to protect such
infrastructure; and
(3) the readiness of the Government to respond to threats
against the United States.
SEC. 808. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE
UNITED STATES HOMELAND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The primary responsibility for national defense is with
the Department of Defense and the secondary responsibility
for national defense is with the Department of Homeland
Security, and the 2 departments must have clear delineations
of responsibility.
(2) Before September 11, 2001, the North American Aerospace
Defense Command (hereafter in this section referred to as
``NORAD''), which had responsibility for defending United
States airspace on September 11, 2001--
(A) focused on threats coming from outside the borders of
the United States; and
(B) had not increased its focus on terrorism within the
United States, even though the intelligence community had
gathered intelligence on the possibility that terrorists
might turn to hijacking and even the use of airplanes as
missiles within the United States.
(3) The United States Northern Command has been established
to assume responsibility for defense within the United
States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should regularly assess the
adequacy of United States Northern Command's plans and
strategies with a view to ensuring that the United States
Northern Command is prepared to respond effectively to all
military and paramilitary threats within the United States;
and
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
should periodically review and assess the adequacy of such
plans and strategies.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report describing the United
States Northern Command's plans and strategies to defend the
United States against military and paramilitary threats
within the United States.
TITLE IX--PROTECTION OF CIVIL LIBERTIES
SEC. 901. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) In General.--There is established within the Executive
Office of the President a Privacy and Civil Liberties
Oversight Board (referred to in this title as the ``Board'').
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) In conducting the war on terrorism, the Government may
need additional powers and may need to enhance the use of its
existing powers.
(2) This shift of power and authority to the Government
calls for an enhanced system of checks and balances to
protect the precious liberties that are vital to our way of
life and to ensure that the Government uses its powers for
the purposes for which the powers were given.
(c) Purpose.--The Board shall--
(1) analyze and review actions the Executive Branch takes
to protect the Nation from terrorism; and
(2) ensure that liberty concerns are appropriately
considered in the development and implementation of laws,
regulations, and policies related to efforts to protect the
Nation against terrorism.
(d) Functions.--
(1) Advice and counsel on policy development and
implementation.--The Board shall--
(A) review proposed legislation, regulations, and policies
related to efforts to protect the Nation from terrorism,
including the development and adoption of information sharing
guidelines under section 201(e);
(B) review the implementation of new and existing
legislation, regulations, and policies related to efforts to
protect the Nation from terrorism, including the
implementation of information sharing guidelines under
section 201(e);
(C) advise the President and Federal executive departments
and agencies to ensure that privacy and civil liberties are
appropriately considered in the development and
implementation of such legislation, regulations, policies,
and guidelines; and
(D) in providing advice on proposals to retain or enhance a
particular governmental power, consider whether the executive
department or agency has explained--
[[Page S8914]]
(i) that the power actually materially enhances security;
and
(ii) that there is adequate supervision of the executive's
use of the power to ensure protection of civil liberties.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and procedures and the
implementation of the regulations, policies, procedures, and
related laws of Federal executive departments and agencies to
ensure that privacy and civil liberties are protected;
(B) the information sharing practices of Federal executive
departments and agencies to determine whether they
appropriately protect privacy and civil liberties and adhere
to the information sharing guidelines promulgated under
section 201(e) and to other governing laws, regulations, and
policies regarding privacy and civil liberties; and
(C) other actions by the Executive Branch related to
efforts to protect the Nation from terrorism to determine
whether such actions--
(i) appropriately protect privacy and civil liberties; and
(ii) are consistent with governing laws, regulations, and
policies regarding privacy and civil liberties.
(3) Relationship with privacy and civil liberties
officers.--The Board shall review and assess the activities
of privacy and civil liberties officers described in section
902 and, where appropriate, shall coordinate their
activities.
(e) Reports.--
(1) In general.--The Board shall--
(A) receive and review reports from privacy and civil
liberties officers described in section 902; and
(B) periodically submit, not less than semiannually,
reports to Congress and the President.
(2) Contents.--Not less than 2 reports submitted each year
under paragraph (1)(B) shall include--
(A) a description of the major activities of the Board
during the relevant period; and
(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice and
oversight functions under subsection (d).
(f) Informing the Public.--The Board shall hold public
hearings, release public reports, and otherwise inform the
public of its activities, as appropriate and in a manner
consistent with the protection of classified information and
applicable law.
(g) Access to Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this
section, the Board may--
(A) secure directly from any Federal executive department
or agency, or any Federal officer or employee, all relevant
records, reports, audits, reviews, documents, papers, or
recommendations, including classified information consistent
with applicable law;
(B) interview, take statements from, or take public
testimony from personnel of any Federal executive department
or agency or any Federal officer or employee;
(C) request information or assistance from any State,
tribal, or local government; and
(D) require, by subpoena, persons other than Federal
executive departments and agencies to produce any relevant
information, documents, reports, answers, records, accounts,
papers, and other documentary or testimonial evidence.
(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D), the
United States district court for the judicial district in
which the subpoenaed person resides, is served, or may be
found may issue an order requiring such person to produce the
evidence required by such subpoena.
(h) Membership.--
(1) Members.--The Board shall be composed of a chairman and
4 additional members, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(2) Qualifications.--Members of the Board shall be selected
solely on the basis of their professional qualifications,
achievements, public stature, and relevant experience, and
without regard to political affiliation.
(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, an officer, or an employee of the Federal
Government, other than in the capacity as a member of the
Board.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman.--The chairman shall be compensated at a rate
equal to the daily equivalent of the annual rate of basic pay
in effect for a position at level III of the Executive
Schedule under section 5314 of title 5, United States Code,
for each day during which the chairman is engaged in the
actual performance of the duties of the Board.
(B) Members.--Each member of the Board shall be compensated
at a rate equal to the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day during which that member is engaged
in the actual performance of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for persons employed intermittently by
the Government under section 5703(b) of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Board.
(j) Staff.--
(1) Appointment and compensation.--The Chairman, in
accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of an executive director and such
other personnel as may be necessary to enable the Board to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(2) Detailees.--Any Federal employee may be detailed to the
Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States
Code, at rates that do not exceed the daily rate paid a
person occupying a position at level IV of the Executive
Schedule under section 5315 of such title.
(k) Security Clearances.--The appropriate Federal executive
departments and agencies shall cooperate with the Board to
expeditiously provide the Board members and staff with
appropriate security clearances to the extent possible under
existing procedures and requirements, except that no person
shall be provided with access to classified information under
this section without the appropriate security clearances.
(l) Treatment as Agency, Not as Advisory Committee.--The
Board--
(1) is an agency (as defined in section 551(1) of title 5,
United States Code); and
(2) is not an advisory committee (as defined in section
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
(m) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 902. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) Designation and Functions.--The Attorney General,
Secretary of Defense, Secretary of Homeland Security,
Secretary of State, Secretary of the Treasury, Secretary of
Health and Human Services, National Intelligence Director,
Director of the Central Intelligence Agency, and the head of
any other executive department or agency designated by the
Privacy and Civil Liberties Oversight Board to be appropriate
for coverage under this section shall designate not less than
1 senior officer to--
(1) assist the department or agency head and other
department or agency officials in appropriately considering
privacy and civil liberties concerns when such officials are
proposing, developing, or implementing laws, regulations,
policies, procedures, or guidelines related to efforts to
protect the Nation against terrorism;
(2) periodically investigate and review department or
agency actions, policies, procedures, guidelines, and related
laws and their implementation to ensure that the department
or agency is adequately considering privacy and civil
liberties in its actions;
(3) ensure that the department or agency has adequate
procedures to receive, investigate, and respond to complaints
from individuals who allege the department or agency has
violated their privacy or civil liberties; and
(4) in providing advice on proposals to retain or enhance a
particular governmental power the officer shall consider
whether the department or agency has explained--
(i) that the power actually materially enhances security;
and
(ii) that there is adequate supervision of the department's
or agency's use of the power to ensure protection of civil
liberties.
(b) Exception To Designation Authority.--
(1) Privacy officers.--In any department or agency
referenced in subsection (a) or designated by the Board,
which has a statutorily created privacy officer, such officer
shall perform the functions specified in subsection (a) with
respect to privacy.
(2) Civil liberties officers.--In any department or agency
referenced in subsection (a) or designated by the Board,
which has a statutorily created civil liberties officer, such
officer shall perform the functions specified in subsection
(a) with respect to civil liberties.
(c) Supervision and Coordination.--Each privacy or civil
liberties officer described in subsection (a) or (b) shall--
(1) report directly to the department or agency head; and
(2) coordinate their activities with the Inspector General
of the agency to avoid duplication of effort.
(d) Agency Cooperation.--Each department or agency head
shall ensure that each privacy and civil liberties officer--
(1) has the information and material necessary to fulfill
the officer's functions;
(2) is advised of proposed policy changes;
(3) is consulted by decision makers; and
(4) is given access to material and personnel the officer
determines to be necessary to carry out the officer's
functions.
(e) Periodic Reports.--
[[Page S8915]]
(1) In general.--The privacy and civil liberties officers
of each department or agency referenced or designated under
subsection (a) shall periodically, but not less than
quarterly, submit a report on the officers' activities to
Congress, the department or agency head, and the Privacy and
Civil Liberties Oversight Board.
(2) Contents.--Each report submitted under paragraph (1)
shall include information on the discharge of each of the
officer's functions, including--
(A) information on the number and types of reviews
undertaken;
(B) the type of advice provided and the response given to
such advice;
(C) the number and nature of the complaints received by the
agency for alleged violations; and
(D) a summary of the disposition of such complaints, the
reviews and inquiries conducted, and the impact of the
officer's activities.
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