S 2845 EAH
In the House of Representatives, U. S.,
October 16, 2004. Resolved, That the bill from the Senate (S. 2845) entitled `An Act to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the `9/11 Recommendations Implementation Act'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
Sec. 1001. Short title.
Subtitle A--Establishment of National Intelligence Director
Sec. 1011. Reorganization and improvement of management of intelligence community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of National Intelligence Director in appointment of certain officials responsible for intelligence-related activities.
Sec. 1015. Initial appointment of the National Intelligence Director.
Sec. 1016. Executive schedule matters.
Sec. 1017. Information sharing.
Sec. 1018. Report on integration of Drug Enforcement Agency into the intelligence community.
Subtitle B--National Counterterrorism Center and Civil Liberties Protections
Sec. 1021. National Counterterrorism Center.
Sec. 1022. Civil Liberties Protection Officer.
Subtitle C--Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D--Improvement of Human Intelligence (HUMINT)
Sec. 1041. Human intelligence as an increasingly critical component of the intelligence community.
Sec. 1042. Improvement of human intelligence capacity.
Subtitle E--Improvement of Education for the Intelligence Community
Sec. 1051. Modification of obligated service requirements under National Security Education Program.
Sec. 1052. Improvements to the National Flagship Language Initiative.
Sec. 1053. Establishment of scholarship program for English language studies for heritage community citizens of the United States within the National Security Education Program.
Sec. 1054. Sense of Congress with respect to language and education for the intelligence community; reports.
Sec. 1055. Advancement of foreign languages critical to the intelligence community.
Sec. 1056. Pilot project for Civilian Linguist Reserve Corps.
Sec. 1057. Codification of establishment of the National Virtual Translation Center.
Sec. 1058. Report on recruitment and retention of qualified instructors of the Defense Language Institute.
Subtitle F--Additional Improvements of Intelligence Activities
Sec. 1061. Permanent extension of Central Intelligence Agency Voluntary Separation Incentive Program.
Sec. 1062. National Security Agency Emerging Technologies Panel.
Sec. 1063. Service and National Laboratories and the intelligence community.
Sec. 1064. Improvement in translation and delivery of suspected terrorist communications.
Sec. 1065. Sense of Congress and report regarding open source intelligence.
Subtitle G--Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of National Intelligence Director and Director of the Central Intelligence Agency.
Sec. 1072. Other conforming amendments
Sec. 1073. Elements of intelligence community under National Security Act of 1947.
Sec. 1074. Redesignation of National Foreign Intelligence Program as National Intelligence Program.
Sec. 1075. Repeal of superseded authorities.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service of the Director of the Central Intelligence Agency.
Sec. 1078. Access to Inspector General protections.
Sec. 1079. General references.
Sec. 1080. Application of other laws.
Subtitle H--Transfer, Termination, Transition and Other Provisions
Sec. 1091. Transfer of community management staff.
Sec. 1092. Transfer of terrorist threat integration center.
Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence.
Sec. 1094. Implementation plan.
Sec. 1095. Transitional authorities.
Sec. 1096. Effective dates.
Subtitle I--Other Matters
Sec. 1101. Study of promotion and professional military education school selection rates for military intelligence officers.
TITLE II--TERRORISM PREVENTION AND PROSECUTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
Sec. 2001. Individual terrorists as agents of foreign powers.
Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004
Sec. 2021. Short title.
Sec. 2022. Hoaxes and recovery costs.
Sec. 2023. Obstruction of justice and false statements in terrorism cases.
Sec. 2024. Clarification of definition.
Subtitle C--Material Support to Terrorism Prohibition Enhancement Act of 2004
Sec. 2041. Short title.
Sec. 2042. Receiving military-type training from a foreign terrorist organization.
Sec. 2043. Providing material support to terrorism.
Sec. 2044. Financing of terrorism.
Subtitle D--Weapons of Mass Destruction Prohibition Improvement Act of 2004
Sec. 2051. Short title.
Sec. 2052. Weapons of mass destruction.
Sec. 2053. Participation in nuclear and weapons of mass destruction threats to the United States.
Subtitle E--Money Laundering and Terrorist Financing
Chapter 1--Funding to Combat Financial Crimes Including Terrorist Financing
Sec. 2101. Additional authorization for FinCEN.
Sec. 2102. Money laundering and financial crimes strategy reauthorization.
Chapter 2--Enforcement Tools to Combat Financial Crimes Including Terrorist Financing
SUBCHAPTER A--MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM TECHNICAL CORRECTIONS
Sec. 2111. Short title.
Sec. 2112. Technical corrections to Public Law 107-56.
Sec. 2113. Technical corrections to other provisions of law.
Sec. 2114. Repeal of review.
Sec. 2115. Effective date.
SUBCHAPTER B--ADDITIONAL ENFORCEMENT TOOLS
Sec. 2121. Bureau of Engraving and Printing security printing.
Sec. 2122. Conduct in aid of counterfeiting.
Sec. 2123. Reporting of cross-border transmittal of funds.
Sec. 2124. Enhanced effectiveness of examinations, including anti-money laundering programs.
Subtitle F--Criminal History Background Checks
Sec. 2141. Short title.
Sec. 2142. Criminal history background checks.
Sec. 2143. Protect Act.
Sec. 2144. Reviews of criminal records of applicants for private security officer employment.
Sec. 2145. Task force on clearinghouse for IAFIS criminal history records.
Sec. 2146. Clarification of purpose.
Subtitle G--Protection of United States Aviation System From Terrorist Attacks
Sec. 2171. Provision for the use of biometric or other technology.
Sec. 2172. Transportation security strategic planning.
Sec. 2173. Next generation airline passenger prescreening.
Sec. 2174. Deployment and use of explosive detection equipment at airport screening checkpoints.
Sec. 2175. Pilot program to evaluate use of blast-resistant cargo and baggage containers.
Sec. 2176. Air cargo screening technology.
Sec. 2177. Airport checkpoint screening explosive detection.
Sec. 2178. Next generation security checkpoint.
Sec. 2179. Penalty for failure to secure cockpit door.
Sec. 2180. Federal air marshal anonymity.
Sec. 2181. Federal law enforcement counterterrorism training.
Sec. 2182. Federal flight deck officer weapon carriage pilot program.
Sec. 2183. Registered traveler program.
Sec. 2184. Wireless communication.
Sec. 2185. Secondary flight deck barriers.
Sec. 2186. Extension.
Sec. 2187. Perimeter Security.
Sec. 2188. In-line checked baggage screening.
Sec. 2189. Definitions.
Subtitle H--Other Matters
Sec. 2191. Grand jury information sharing.
Sec. 2192. Interoperable law enforcement and intelligence data system.
Sec. 2193. Improvement of intelligence capabilities of the Federal Bureau of Investigation.
Sec. 2194. Authorization and change of COPS program to single grant program.
Subtitle I--Police Badges
Sec. 2201. Short title.
Sec. 2202. Police badges.
Subtitle J--Railroad Carriers and Mass Transportation Protection Act of 20004
Sec. 2301. Short title.
Sec. 2302. Attacks against railroad carriers and mass transportation systems.
Subtitle K--Prevention of Terrorist Access to Destructive Weapons Act of 2004
Sec. 2401. Short title.
Sec. 2402. Findings and purpose.
Sec. 2403. Missile systems designed to destroy aircraft.
Sec. 2404. Atomic weapons.
Sec. 2405. Radiological dispersal devices.
Sec. 2406. Variola virus.
Sec. 2407. Interception of communications.
Sec. 2408. Amendments to section 2332b(g)(5)(b) of title 18, United States Code.
Sec. 2409. Amendments to section 1956(c)(7)(d) of title 18, United States Code.
Sec. 2410. Export licensing process.
Sec. 2411. Clerical amendments.
Subtitle L--Terrorist Penalties Enhancement Act of 2004
Sec. 2501. Short title.
Sec. 2502. Penalties for terrorist offenses resulting in death; denial of Federal benefits to terrorists.
Sec. 2503. Death penalty in certain air piracy cases occurring before enactment of the Federal death penalty act of 1994.
Subtitle M--Pretrial Detention and Postrelease Supervision of Terrorists
Sec. 2601. Short title.
Sec. 2602. Presumption for pretrial detention in cases involving terrorism.
Sec. 2603. Postrelease supervision of terrorists.
TITLE III--BORDER SECURITY AND TERRORIST TRAVEL
Subtitle A--Immigration Reform in the National Interest
Chapter 1--General Provisions
Sec. 3001. Eliminating the `Western Hemisphere' exception for citizens.
Sec. 3002. Modification of waiver authority with respect to documentation requirements for nationals of foreign contiguous territories and adjacent islands.
Sec. 3003. Increase in full-time border patrol agents.
Sec. 3004. Increase in full-time immigration and customs enforcement investigators.
Sec. 3005. Increase in detention bed space.
Sec. 3006. Alien identification standards.
Sec. 3007. Expedited removal.
Sec. 3008. Preventing terrorists from obtaining asylum.
Sec. 3009. Revocation of visas and other travel documentation.
Sec. 3010. Judicial review of orders of removal.
Chapter 2--Removal of Terrorists and Supporters of Terrorism
Sec. 3031. Expanded inapplicability of restriction on removal.
Sec. 3032. Detention of aliens barred from restriction on removal pending removal.
Sec. 3033. Additional removal authorities.
Sec. 3034. Inadmissibility due to terrorist and terrorist-related activities.
Sec. 3035. Deportability of terrorists.
Chapter 3--Preventing Commercial Alien Smuggling
Sec. 3041. Bringing in and harboring certain aliens.
Subtitle B--Identity Management Security
Chapter 1--Improved Security for Drivers' Licenses and Personal Identification Cards
Sec. 3051. Definitions.
Sec. 3052. Minimum document requirements and issuance standards for federal recognition.
Sec. 3053. Linking of databases.
Sec. 3054. Trafficking in authentication features for use in false identification documents.
Sec. 3055. Grants to States.
Sec. 3056. Authority.
Chapter 2--Improved Security for Birth Certificates
Sec. 3061. Definitions.
Sec. 3062. Applicability of minimum standards to local governments.
Sec. 3063. Minimum standards for Federal recognition.
Sec. 3064. Establishment of electronic birth and death registration systems.
Sec. 3065. Electronic verification of vital events.
Sec. 3066. Grants to States.
Sec. 3067. Authority.
Chapter 3--Measures To Enhance Privacy and Integrity of Social Security Account Numbers
Sec. 3071. Prohibition of the display of social security account numbers on driver's licenses or motor vehicle registrations.
Sec. 3072. Independent verification of birth records provided in support of applications for social security account numbers.
Sec. 3073. Enumeration at birth.
Sec. 3074. Study relating to use of photographic identification in connection with applications for benefits, social security account numbers, and social security cards.
Sec. 3075. Restrictions on issuance of multiple replacement social security cards.
Sec. 3076. Study relating to modification of the social security account numbering system to show work authorization status.
Subtitle C--Targeting Terrorist Travel
Sec. 3081. Studies on machine-readable passports and travel history database.
Sec. 3082. Expanded preinspection at foreign airports.
Sec. 3083. Immigration security initiative.
Sec. 3084. Responsibilities and functions of consular officers.
Sec. 3085. Increase in penalties for fraud and related activity.
Sec. 3086. Criminal penalty for false claim to citizenship.
Sec. 3087. Antiterrorism assistance training of the Department of State.
Sec. 3088. International agreements to track and curtail terrorist travel through the use of fraudulently obtained documents.
Sec. 3089. International standards for translation of names into the Roman alphabet for international travel documents and name-based watchlist systems.
Sec. 3090. Biometric entry and exit data system.
Sec. 3091. Enhanced responsibilities of the coordinator for counterterrorism.
Sec. 3092. Establishment of Office of Visa and Passport Security in the Department of State.
Subtitle D--Terrorist Travel
Sec. 3101. Information sharing and coordination.
Sec. 3102. Terrorist travel program.
Sec. 3103. Training program.
Sec. 3104. Technology acquisition and dissemination plan.
Subtitle E--Maritime Security Requirements
Sec. 3111. Deadlines for implementation of maritime security requirements.
Subtitle F--Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
Sec. 3121. Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killings abroad.
Sec. 3122. Inadmissibility and deportability of foreign government officials who have committed particularly severe violations of religious freedom.
Sec. 3123. Waiver of inadmissibility.
Sec. 3124. Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severe violations of religious freedom.
Sec. 3125. Establishment of the office of special investigations.
Sec. 3126. Report on implementation.
Subtitle G--Security Barriers
Sec. 3131. Expedited completion of security barriers.
TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION
Subtitle A--Attack Terrorists and Their Organizations
Chapter 1--Provisions Relating to terrorist sanctuaries
Sec. 4001. United States policy on terrorist sanctuaries.
Sec. 4002. Reports on terrorist sanctuaries.
Sec. 4003. Amendments to existing law to include terrorist sanctuaries.
Chapter 2--Other Provisions
Sec. 4011. Appointments to fill vacancies in Arms Control and Nonproliferation Advisory Board.
Sec. 4012. Review of United States policy on proliferation of weapons of mass destruction and control of strategic weapons.
Sec. 4013. International agreements to interdict acts of international terrorism.
Sec. 4014. Effective Coalition approach toward detention and humane treatment of captured terrorists.
Subtitle B--Prevent the Continued Growth of Terrorism
Chapter 1--United States Public Diplomacy
Sec. 4021. Annual review and assessment of public diplomacy strategy.
Sec. 4022. Public diplomacy training.
Sec. 4023. Promoting direct exchanges with Muslim countries.
Sec. 4024. Public diplomacy required for promotion in Foreign Service.
Chapter 2--United States Multilateral Diplomacy
Sec. 4031. Purpose.
Sec. 4032. Support and expansion of Democracy Caucus.
Sec. 4033. Leadership and membership of international organizations.
Sec. 4034. Increased training in multilateral diplomacy.
Sec. 4035. Implementation and establishment of Office on Multilateral Negotiations.
Chapter 3--Other provisions
Sec. 4041. Pilot program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.
Sec. 4042. Enhancing free and independent media.
Sec. 4043. Combating biased or false foreign media coverage of the United States.
Sec. 4044. Report on broadcast outreach strategy.
Sec. 4045. Office relocation.
Sec. 4046. Strengthening the Community of Democracies for Muslim countries.
Subtitle C--Reform of Designation of Foreign Terrorist Organizations
Sec. 4051. Designation of foreign terrorist organizations.
Sec. 4052. Inclusion in annual Department of State country reports on terrorism of information on terrorist groups that seek weapons of mass destruction and groups that have been designated as foreign terrorist organizations.
Subtitle D--Afghanistan Freedom Support Act Amendments of 2004
Sec. 4061. Short title.
Sec. 4062. Coordination of assistance for Afghanistan.
Sec. 4063. General provisions relating to the Afghanistan Freedom Support Act of 2002.
Sec. 4064. Rule of law and related issues.
Sec. 4065. Monitoring of assistance.
Sec. 4066. United States policy to support disarmament of private militias and to support expansion of international peacekeeping and security operations in Afghanistan.
Sec. 4067. Efforts to expand international peacekeeping and security operations in Afghanistan.
Sec. 4068. Provisions relating to counternarcotics efforts in Afghanistan.
Sec. 4069. Additional amendments to the Afghanistan Freedom Support Act of 2002.
Sec. 4070. Repeal.
Subtitle E--Provisions Relating to Saudi Arabia and Pakistan
Sec. 4081. New United States strategy for relationship with Saudi Arabia.
Sec. 4082. United States commitment to the future of Pakistan.
Sec. 4083. Extension of Pakistan waivers.
Subtitle F--Oversight Provisions
Sec. 4091. Case-Zablocki Act requirements.
Subtitle G--Additional Protections of United States Aviation System from Terrorist Attacks
Sec. 4101. International agreements to allow maximum deployment of Federal flight deck officers.
Sec. 4102. Federal air marshal training.
Sec. 4103. Man-portable air defense systems (MANPADS).
Subtitle H--Improving International Standards and Cooperation to Fight Terrorist Financing
Sec. 4111. Sense of the Congress regarding success in multilateral organizations.
Sec. 4112. Expanded reporting and testimony requirements for the Secretary of the Treasury.
Sec. 4113. Coordination of United States Government efforts.
Sec. 4114. Definitions.
TITLE V--GOVERNMENT RESTRUCTURING
Subtitle A--Faster and Smarter Funding for First Responders
Sec. 5001. Short title.
Sec. 5002. Findings.
Sec. 5003. Faster and smarter funding for first responders.
Sec. 5004. Coordination of industry efforts.
Sec. 5005. Superseded provision.
Sec. 5006. Sense of Congress regarding interoperable communications.
Sec. 5007. Sense of Congress regarding citizen corps councils.
Sec. 5008. Study regarding nationwide emergency notification system.
Sec. 5009. Required coordination.
Sec. 5010. Study of expansion of area of jurisdiction of Office of National Capital Region Coordination.
Sec. 5011. Digital television conversion deadline.
Subtitle B--Government Reorganization Authority
Sec. 5021. Authorization of intelligence community reorganization plans.
Subtitle C--Restructuring Relating to the Department of Homeland Security and Congressional Oversight
Sec. 5025. Responsibilities of Counternarcotics Office.
Sec. 5026. Use of counternarcotics enforcement activities in certain employee performance appraisals.
Sec. 5027. Sense of the House of Representatives on addressing homeland security for the American people.
Sec. 5028. Assistant Secretary for Cybersecurity.
Sec. 5029. Integrating security screening systems and enhancing information sharing by Department of Homeland Security.
Sec. 5030. Under Secretary for the Private Sector and Tourism.
Subtitle D--Improvements to Information Security
Sec. 5031. Amendments to Clinger-Cohen provisions to enhance agency planning for information security needs.
Subtitle E--Personnel Management Improvements
Chapter 1--Appointments Process Reform
Sec. 5041. Appointments to national security positions.
Sec. 5042. Presidential inaugural transitions.
Sec. 5043. Public financial disclosure for the intelligence community.
Sec. 5044. Reduction of positions requiring appointment with Senate confirmation.
Sec. 5045. Effective dates.
Chapter 2--Federal Bureau of Investigation Revitalization
Sec. 5051. Mandatory separation age.
Sec. 5052. Retention and relocation bonuses.
Sec. 5053. Federal Bureau of Investigation Reserve Service.
Sec. 5054. Critical positions in the Federal Bureau of Investigation intelligence directorate.
CHAPTER 3--REPORTING REQUIREMENT
Sec. 5061. Reporting requirement.
Subtitle F--Security Clearance Modernization
Sec. 5071. Definitions.
Sec. 5072. Security clearance and investigative programs oversight and administration.
Sec. 5073. Reciprocity of security clearance and access determinations.
Sec. 5074. Establishment of national database .
Sec. 5075. Use of available technology in clearance investigations.
Sec. 5076. Reduction in length of personnel security clearance process.
Sec. 5077. Security clearances for presidential transition.
Sec. 5078. Reports.
Subtitle G--Emergency Financial Preparedness
Chapter 1--Emergency Preparedness for Fiscal Authorities
Sec. 5081. Delegation authority of the Secretary of the Treasury.
Sec. 5082. Treasury support for financial services industry preparedness and response.
Chapter 2--Market Preparedness
Sec. 5084. Short title.
Sec. 5085. Extension of emergency order authority of the Securities and Exchange Commission.
Sec. 5086. Parallel authority of the Secretary of the Treasury with respect to government securities.
Sec. 5087. Joint report on implementation of financial system resilience recommendations.
Sec. 5088. Private sector preparedness.
Sec. 5089. Report on public/private partnerships.
Subtitle H--Other Matters
Chapter 1--Privacy Matters
Sec. 5091. Requirement that agency rulemaking take into consideration impacts on individual privacy.
Sec. 5092. Chief privacy officers for agencies with law enforcement or anti-terrorism functions.
Chapter 2--Mutual Aid and Litigation Management
Sec. 5101. Short title.
Sec. 5102. Mutual aid authorized.
Sec. 5103. Litigation management agreements.
Sec. 5104. Additional provisions.
Sec. 5105. Definitions.
Sec. 5106. Emergency preparedness compacts.
Chapter 3--Miscellaneous Matters
Sec. 5131. Enhancement of public safety communications interoperability.
Sec. 5132. Sense of Congress regarding the incident command system.
Sec. 5133. Sense of Congress regarding United States Northern Command plans and strategies.
Sec. 5134. Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies.
Sec. 5135. Pilot study to move warning systems into the modern digital age.
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY SEC. 1001. SHORT TITLE.
This title may be cited as the `National Security Intelligence Improvement Act of 2004'.
Subtitle A--Establishment of National Intelligence Director SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.
(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:
`NATIONAL INTELLIGENCE DIRECTOR
`SEC. 102. (a) NATIONAL INTELLIGENCE DIRECTOR- (1) There is a National Intelligence Director who shall be appointed by the President, by and with the advice and consent of the Senate.
`(2) The National Intelligence Director shall not be located within the Executive Office of the President.
`(b) PRINCIPAL RESPONSIBILITY- Subject to the authority, direction, and control of the President, the National Intelligence Director shall--
`(1) serve as head of the intelligence community;
`(2) act as the principal adviser to the President, to the National Security Council, and the Homeland Security Council for intelligence matters related to the national security; and
`(3) through the heads of the departments containing elements of the intelligence community, and the Central Intelligence Agency, manage and oversee the execution of the National Intelligence Program and direct the National Intelligence Program.
`(c) PROHIBITION ON DUAL SERVICE- The individual serving in the position of National Intelligence Director shall not, while so serving, also serve as the Director of the Central Intelligence Agency or as the head of any other element of the intelligence community.
`RESPONSIBILITIES AND AUTHORITIES OF THE NATIONAL INTELLIGENCE DIRECTOR
`SEC. 102A. (a) PROVISION OF INTELLIGENCE- (1) Under the direction of the President, the National Intelligence Director shall be responsible for ensuring that national intelligence is provided--
`(A) to the President;
`(B) to the heads of departments and agencies of the executive branch;
`(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
`(D) where appropriate, to the Senate and House of Representatives and the committees thereof; and
`(E) to such other persons as the National Intelligence Director determines to be appropriate.
`(2) Such national intelligence should be timely, objective, independent of political considerations, and based upon all sources available to the intelligence community and other appropriate entities.
`(b) ACCESS TO INTELLIGENCE- To the extent approved by the President, the National Intelligence Director shall have access to all national intelligence and intelligence related to the national security which is collected by any Federal department, agency, or other entity, except as otherwise provided by law or, as appropriate, under guidelines agreed upon by the Attorney General and the National Intelligence Director.
`(c) BUDGET AUTHORITIES- (1)(A) The National Intelligence Director shall develop and present to the President on an annual basis a budget for intelligence and intelligence-related activities of the United States.
`(B) In carrying out subparagraph (A) for any fiscal year for the components of the budget that comprise the National Intelligence Program, the National Intelligence Director shall provide guidance to the heads of departments containing elements of the intelligence community, and to the heads of the elements of the intelligence community, for development of budget inputs to the National Intelligence Director.
`(2)(A) The National Intelligence Director shall participate in the development by the Secretary of Defense of the annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities.
`(B) The National Intelligence Director shall provide guidance for the development of the annual budget for each element of the intelligence community that is not within the National Intelligence Program.
`(3) In carrying out paragraphs (1) and (2), the National Intelligence Director may, as appropriate, obtain the advice of the Joint Intelligence Community Council.
`(4) The National Intelligence Director shall ensure the effective execution of the annual budget for intelligence and intelligence-related activities.
`(5)(A) The National Intelligence Director shall facilitate the management and execution of funds appropriated for the National Intelligence Program.
`(B) Notwithstanding any other provision of law, in receiving funds pursuant to relevant appropriations Acts for the National Intelligence Program, the Office of Management and Budget shall apportion funds appropriated for the National Intelligence Program to the National Intelligence Director for allocation to the elements of the intelligence community through the host executive departments that manage programs and activities that are part of the National Intelligence Program.
`(C) The National Intelligence Director shall monitor the implementation and execution of the National Intelligence Program by the heads of the elements of the intelligence community that manage programs and activities that are part of the National Intelligence Program, which may include audits and evaluations, as necessary and feasible.
`(6) Apportionment and allotment of funds under this subsection shall be subject to chapter 13 and section 1517 of title 31, United States Code, and the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
`(7)(A) The National Intelligence Director shall provide a quarterly report, beginning April 1, 2005, and ending April 1, 2007, to the President and the Congress regarding implementation of this section.
`(B) The National Intelligence Director shall report to the President and the Congress not later than 5 days after learning of any instance in which a departmental comptroller acts in a manner inconsistent with the law (including permanent statutes, authorization Acts, and appropriations Acts), or the direction of the National Intelligence Director, in carrying out the National Intelligence Program.
`(d) ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN REPROGRAMMING- (1) No funds made available under the National Intelligence Program may be transferred or reprogrammed without the prior approval of the National Intelligence Director, except in accordance with procedures prescribed by the National Intelligence Director.
`(2) The Secretary of Defense shall consult with the National Intelligence Director before transferring or reprogramming funds made available under the Joint Military Intelligence Program.
`(e) TRANSFER OF FUNDS OR PERSONNEL WITHIN NATIONAL INTELLIGENCE PROGRAM- (1) In addition to any other authorities available under law for such purposes, the National Intelligence Director, with the approval of the Director of the Office of Management and Budget--
`(A) may transfer funds appropriated for a program within the National Intelligence Program to another such program; and
`(B) 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 for periods up to one year.
`(2) The amounts available for transfer in the National Intelligence Program in any given fiscal year, and the terms and conditions governing such transfers, are subject to the provisions of annual appropriations Acts and this subsection.
`(3)(A) A transfer of funds or personnel may be made under this subsection only if--
`(i) the funds or personnel are being transferred to an activity that is a higher priority intelligence activity;
`(ii) the need for funds or personnel for such activity is based on unforeseen requirements;
`(iii) the transfer does not involve a transfer of funds to the Reserve for Contingencies of the Central Intelligence Agency;
`(iv) in the case of a transfer of funds, the transfer results in a cumulative transfer of funds out of any department or agency, as appropriate, funded in the National Intelligence Program in a single fiscal year--
`(I) that is less than $100,000,000, and
`(II) that is less than 5 percent of amounts available to a department or agency under the National Intelligence Program; and
`(v) the transfer does not terminate a program.
`(B) A transfer may be made without regard to a limitation set forth in clause (iv) or (v) of subparagraph (A) if the transfer has the concurrence of the head of the department or agency involved. The authority to provide such concurrence may only be delegated by the head of the department or agency involved to the deputy of such officer.
`(4) Funds transferred under this subsection shall remain available for the same period as the appropriations account to which transferred.
`(5) Any transfer of funds under this subsection shall be carried out in accordance with existing procedures applicable to reprogramming notifications for the appropriate congressional committees. Any proposed transfer for which notice is given to the appropriate congressional committees shall be accompanied by a report explaining the nature of the proposed transfer and how it satisfies the requirements of this subsection. In addition, the congressional intelligence committees shall be promptly notified of any transfer of funds made pursuant to this subsection in any case in which the transfer would not have otherwise required reprogramming notification under procedures in effect as of the date of the enactment of this subsection.
`(6)(A) The National Intelligence Director shall promptly submit to--
`(i) the congressional intelligence committees,
`(ii) 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, and
`(iii) in the case of the transfer of personnel to or from the Department of Justice, to the Committees on the Judiciary of the Senate and the House of Representatives,
a report on any transfer of personnel made pursuant to this subsection.
`(B) 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.
`(f) TASKING AND OTHER AUTHORITIES- (1)(A) The National Intelligence Director shall--
`(i) develop collection objectives, priorities, and guidance for the intelligence community to ensure timely and effective collection, processing, analysis, and dissemination (including access by users to collected data consistent with applicable law and, as appropriate, the guidelines referred to in subsection (b) and analytic products generated by or within the intelligence community) of national intelligence;
`(ii) determine and establish requirements and priorities for, and manage and direct the tasking of, collection, analysis, production, and dissemination of national intelligence by elements of the intelligence community, including--
`(I) approving requirements for collection and analysis, and
`(II) resolving conflicts in collection requirements and in the tasking of national collection assets of the elements of the intelligence community; and
`(iii) provide advisory tasking to intelligence elements of those agencies and departments not within the National Intelligence Program.
`(B) The authority of the National Intelligence Director under subparagraph (A) shall not apply--
`(i) insofar as the President so directs;
`(ii) with respect to clause (ii) of subparagraph (A), insofar as the Secretary of Defense exercises tasking authority under plans or arrangements agreed upon by the Secretary of Defense and the National Intelligence Director; or
`(iii) to the direct dissemination of information to State government and local government officials and private sector entities pursuant to sections 201 and 892 of the Homeland Security Act of 2002 (6 U.S.C. 121, 482).
`(2) The National Intelligence Director shall oversee the National Counterterrorism Center and may establish such other national intelligence centers as the Director determines necessary.
`(3)(A) The National Intelligence Director shall prescribe community-wide personnel policies that--
`(i) facilitate assignments across community elements and to the intelligence centers;
`(ii) establish overarching standards for intelligence education and training; and
`(iii) promote the most effective analysis and collection of intelligence by ensuring a diverse workforce, including the recruitment and training of women, minorities, and individuals with diverse, ethnic, and linguistic backgrounds.
`(B) In developing the policies prescribed under subparagraph (A), the National Intelligence Director shall consult with the heads of the departments containing the elements of the intelligence community.
`(C) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies otherwise applicable to members of the uniformed services.
`(4) The National Intelligence Director shall ensure compliance with the Constitution and laws of the United States by the Central Intelligence Agency and shall ensure such compliance by other elements of the intelligence community through the host executive departments that manage the programs and activities that are part of the National Intelligence Program.
`(5) The National Intelligence Director shall ensure the elimination of waste and unnecessary duplication within the intelligence community.
`(6) The National Intelligence Director shall perform such other functions as the President may direct.
`(7) Nothing in this title shall be construed as affecting the role of the Department of Justice or the Attorney General with respect to applications under the Foreign Intelligence Surveillance Act of 1978.
`(g) INTELLIGENCE INFORMATION SHARING- (1) The National Intelligence Director shall have principal authority to ensure maximum availability of and access to intelligence information within the intelligence community consistent with national security requirements. The National Intelligence Director shall--
`(A) establish uniform security standards and procedures;
`(B) establish common information technology standards, protocols, and interfaces;
`(C) ensure development of information technology systems that include multi-level security and intelligence integration capabilities; and
`(D) establish policies and procedures to resolve conflicts between the need to share intelligence information and the need to protect intelligence sources and methods.
`(2) The President shall ensure that the National Intelligence Director has all necessary support and authorities to fully and effectively implement paragraph (1).
`(3) Except as otherwise directed by the President or with the specific written agreement of the head of the department or agency in question, a Federal agency or official shall not be considered to have met any obligation to provide any information, report, assessment, or other material (including unevaluated intelligence information) to that department or agency solely by virtue of having provided that information, report, assessment, or other material to the National Intelligence Director or the National Counterterrorism Center.
`(4) Not later than February 1 of each year, the National Intelligence Director shall submit to the President and to the Congress an annual report that identifies any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively implement paragraph (1).
`(h) ANALYSIS- (1) The National Intelligence Director shall ensure that all elements of the intelligence community strive for the most accurate analysis of intelligence derived from all sources to support national security needs.
`(2) The National Intelligence Director shall ensure that intelligence analysis generally receives the highest priority when distributing resources within the intelligence community and shall carry out duties under this subsection in a manner that--
`(A) develops all-source analysis techniques;
`(B) ensures competitive analysis;
`(C) ensures that differences in judgment are fully considered and brought to the attention of policymakers; and
`(D) builds relationships between intelligence collectors and analysts to facilitate greater understanding of the needs of analysts.
`(i) 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 National Intelligence Director shall establish and implement guidelines for the intelligence community for the following purposes:
`(A) Classification of information.
`(B) Access to and dissemination of intelligence, both in final form and in the form when initially gathered.
`(C) Preparation of intelligence products in such a way that source information is removed to allow for dissemination at the lowest level of classification possible or in unclassified form to the extent practicable.
`(2) The Director may only delegate a duty or authority given the Director under this subsection to the Deputy National Intelligence Director.
`(j) 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 agency or department of the United States and to employees of contractors of those agencies or departments;
`(2) ensure the consistent implementation of those standards and procedures throughout such agencies and departments;
`(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 those agencies; and
`(4) ensure that the process for investigation and adjudication of an application for access to sensitive compartmented information is performed in the most expeditious manner possible consistent with applicable standards for national security.
`(k) COORDINATION WITH FOREIGN GOVERNMENTS- Under the direction of the President and in a manner consistent with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the National Intelligence Director shall oversee the coordination of 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.
`(l) ENHANCED PERSONNEL MANAGEMENT- (1)(A) The National Intelligence Director shall, under regulations prescribed by the Director, provide incentives for personnel of elements of the intelligence community to serve--
`(i) on the staff of the National Intelligence Director;
`(ii) on the staff of the national intelligence centers;
`(iii) on the staff of the National Counterterrorism Center; and
`(iv) in other positions in support of the intelligence community management functions of the Director.
`(B) Incentives under subparagraph (A) may include financial incentives, bonuses, and such other awards and incentives as the Director considers appropriate.
`(2)(A) Notwithstanding any other provision of law, the personnel of an element of the intelligence community who are assigned or detailed under paragraph (1)(A) 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.
`(B) The Director may prescribe regulations to carry out this section.
`(3)(A) 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, users, and capabilities.
`(B) The mechanisms prescribed under subparagraph (A) may include the following:
`(i) The establishment of special occupational categories involving service, over the course of a career, in more than one element of the intelligence community.
`(ii) The provision of rewards for service in positions undertaking analysis and planning of operations involving two or more elements of the intelligence community.
`(iii) The establishment of requirements for education, training, service, and evaluation that involve service in more than one element of the intelligence community.
`(C) It is the sense of Congress that the mechanisms prescribed under this subsection should, to the extent practical, seek to duplicate for civilian personnel within the intelligence community the joint officer management policies established by chapter 38 of title 10, United States Code, and the other amendments made by title IV of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433).
`(4)(A) This subsection shall not apply with respect to personnel of the elements of the intelligence community who are members of the uniformed services or law enforcement officers (as that term is defined in section 5541(3) of title 5, United States Code).
`(B) Assignment to the Office of the National Intelligence Director of commissioned officers of the Armed Forces shall be considered a joint-duty assignment for purposes of the joint officer management policies prescribed by chapter 38 of title 10, United States Code, and other provisions of that title.
`(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL- (1) In addition to the authorities under subsection (f)(3), the National Intelligence Director may exercise with respect to the personnel of the Office of the National Intelligence Director 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 subsection 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.
`(2) Employees and applicants for employment of the Office of the National Intelligence Director shall have the same rights and protections under the Office of the National Intelligence Director 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 subsection.
`(n) ACQUISITION AUTHORITIES- (1) In carrying out the responsibilities and authorities under this section, the National Intelligence Director may exercise the acquisition authorities referred to in the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.).
`(2) For the purpose of the exercise of any authority referred to in paragraph (1), 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.
`(3)(A) Any determination or decision to be made under an authority referred to in paragraph (1) 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.
`(B) Except as provided in subparagraph (C), 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 Office of the National Intelligence Director any authority to make a determination or decision as the head of the agency under an authority referred to in paragraph (1).
`(C) 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 Director of an authority referred to in paragraph (1).
`(D) 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 Office of the National Intelligence Director for a period of at least six years following the date of such determination or decision.
`(o) CONSIDERATION OF VIEWS OF ELEMENTS OF THE INTELLIGENCE COMMUNITY- In carrying out the duties and responsibilities under this section, the National Intelligence Director shall take into account the views of a head of a department containing an element of the intelligence community and of the Director of the Central Intelligence Agency.
`OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR
`SEC. 103. (a) ESTABLISHMENT OF OFFICE; FUNCTION- (1) There is an Office of the National Intelligence Director. The Office of the National Intelligence Director shall not be located within the Executive Office of the President.
`(2) The function of the Office is to assist the National Intelligence Director in carrying out the duties and responsibilities of the Director under this Act and to carry out such other duties as may be prescribed by the President or by law.
`(3) Any authority, power, or function vested by law in any officer, employee, or part of the Office of the National Intelligence Director is vested in, or may be exercised by, the National Intelligence Director.
`(4) Exemptions, exceptions, and exclusions for the Central Intelligence Agency or for personnel, resources, or activities of such Agency from otherwise applicable laws, other than the exception contained in section 104A(c)(1) shall apply in the same manner to the Office of the National Intelligence Director and the personnel, resources, or activities of such Office.
`(b) OFFICE OF NATIONAL INTELLIGENCE DIRECTOR- (1) The Office of the National Intelligence Director is composed of the following:
`(A) The National Intelligence Director.
`(B) The Deputy National Intelligence Director.
`(C) The Deputy National Intelligence Director for Operations.
`(D) The Deputy National Intelligence Director for Community Management and Resources.
`(E) The Associate National Intelligence Director for Military Support.
`(F) The Associate National Intelligence Director for Domestic Security.
`(G) The Associate National Intelligence Director for Diplomatic Affairs.
`(H) The Associate National Intelligence Director for Science and Technology.
`(I) The National Intelligence Council.
`(J) The General Counsel to the National Intelligence Director.
`(K) Such other offices and officials as may be established by law or the National Intelligence Director may establish or designate in the Office.
`(2) 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 staff having expertise in matters relating to such duties and responsibilities and may establish permanent positions and appropriate rates of pay with respect to such staff.
`(c) 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) The Deputy National Intelligence Director shall assist the National Intelligence Director in carrying out the responsibilities of the National Intelligence Director under this Act.
`(3) 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 the National Intelligence Director.
`(4) The Deputy National Intelligence Director takes precedence in the Office of the National Intelligence Director immediately after the National Intelligence Director.
`(d) DEPUTY NATIONAL INTELLIGENCE DIRECTOR FOR OPERATIONS- (1) There is a Deputy National Intelligence Director for Operations.
`(2) The Deputy National Intelligence Director for Operations shall--
`(A) assist the National Intelligence Director in all aspects of intelligence operations, including intelligence tasking, requirements, collection, and analysis;
`(B) assist the National Intelligence Director in overseeing the national intelligence centers; and
`(C) perform such other duties and exercise such powers as National Intelligence Director may prescribe.
`(e) DEPUTY NATIONAL INTELLIGENCE DIRECTOR FOR COMMUNITY MANAGEMENT AND RESOURCES- (1) There is a Deputy National Intelligence Director for Community Management and Resources.
`(2) The Deputy National Intelligence Director for Community Management and Resources shall--
`(A) assist the National Intelligence Director in all aspects of management and resources, including administration, budgeting, information security, personnel, training, and programmatic functions; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(f) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR MILITARY SUPPORT- (1) There is an Associate National Intelligence Director for Military Support who shall be appointed by the National Intelligence Director, in consultation with the Secretary of Defense.
`(2) The Associate National Intelligence Director for Military Support shall--
`(A) ensure that the intelligence needs of the Department of Defense are met; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(g) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR DOMESTIC SECURITY- (1) There is an Associate National Intelligence Director for Domestic Security who shall be appointed by the National Intelligence Director in consultation with the Attorney General and the Secretary of Homeland Security.
`(2) The Associate National Intelligence Director for Domestic Security shall--
`(A) ensure that the intelligence needs of the Department of Justice, the Department of Homeland Security, and other relevant executive departments and agencies are met; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe, except that the National Intelligence Director may not make such officer responsible for disseminating any domestic or homeland security information to State government or local government officials or any private sector entity.
`(h) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR DIPLOMATIC AFFAIRS- (1) There is an Associate National Intelligence Director for Diplomatic Affairs who shall be appointed by the National Intelligence Director in consultation with the Secretary of State.
`(2) The Associate National Intelligence Director for Diplomatic Affairs shall--
`(A) ensure that the intelligence needs of the Department of State are met; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(i) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR SCIENCE AND TECHNOLOGY- (1) There is an Associate National Intelligence Director for Science and Technology who shall be appointed by the National Intelligence Director.
`(2) The Associate National Intelligence Director for Science and Technology shall--
`(A) advise the National Intelligence Director regarding research and development efforts and priorities in support of the intelligence mission, to ensure that the science and technology needs of the National Intelligence Program will be met;
`(B) develop in consultation with appropriate agencies and the Associate National Intelligence Directors for Military Support, Domestic Security, and Diplomatic Affairs a strategic plan to support United States leadership in science and technology to facilitate intelligence missions; and
`(C) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(j) MILITARY STATUS OF DIRECTOR AND DEPUTY DIRECTORS- (1) Not more than one of the individuals serving in the positions specified in paragraph (2) may be a commissioned officer of the Armed Forces in active status.
`(2) The positions referred to in this paragraph are the following:
`(A) The National Intelligence Director.
`(B) The Deputy National Intelligence Director.
`(3) It is the sense of Congress that, under ordinary circumstances, it is desirable that one of the individuals serving in the positions specified in paragraph (2)--
`(A) be a commissioned officer of the Armed Forces, in active status; or
`(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
`(4) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)--
`(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.
`(5) Except as provided in subparagraph (A) or (B) of paragraph (4), the appointment of an officer of the Armed Forces to a position specified in paragraph (2) 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.
`(6) A commissioned officer of the Armed Forces on active duty who is appointed to a position specified in paragraph (2), 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 National Intelligence Director.
`(k) NATIONAL INTELLIGENCE COUNCIL- (1) There is a National Intelligence Council.
`(2)(A) 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.
`(B) 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.
`(3) 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 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.
`(4) 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.
`(5) Subject to the direction and control of the National Intelligence Director, the National Intelligence Council may carry out its responsibilities under this subsection by contract, including contracts for substantive experts necessary to assist the Council with particular assessments under this subsection.
`(6) The National Intelligence Director shall make available to the National Intelligence Council such personnel as may be necessary to permit the Council to carry out its responsibilities under this subsection.
`(7)(A) 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.
`(B) The Council shall be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the intelligence community.
`(8) 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.
`(l) GENERAL COUNSEL TO THE NATIONAL INTELLIGENCE DIRECTOR- (1) There is a General Counsel to the National Intelligence Director.
`(2) The individual serving in the position of General Counsel to the National Intelligence Director may not, while so serving, also serve as the General Counsel of any other agency or department of the United States.
`(3) The General Counsel to the National Intelligence Director is the chief legal officer for the National Intelligence Director.
`(4) The General Counsel to the National Intelligence Director shall perform such functions as the National Intelligence Director may prescribe.
`(m) INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY OFFICER- (1) There is an Intelligence Community Information Technology Officer who shall be appointed by the National Intelligence Director.
`(2) The mission of the Intelligence Community Information Technology Officer is to assist the National Intelligence Director in ensuring the sharing of information in the fullest and most prompt manner between and among elements of the intelligence community consistent with section 102A(g).
`(3) The Intelligence Community Information Technology Officer shall--
`(A) consult with the National Intelligence Director who shall provide guidance to the heads of the department containing elements of the intelligence community and heads of the elements of the intelligence community as appropriate;
`(B) assist the Deputy National Intelligence Director for Community Management and Resources in developing and implementing the Information Sharing Environment (ISE) established under section 1017 of the 9/11 Recommendations Implementation Act;
`(C) develop an enterprise architecture for the intelligence community and assist the National Intelligence Director through the Deputy National Intelligence Director for Community Management and Resources in ensuring that elements of the intelligence community comply with such architecture;
`(D) have procurement approval authority over all enterprise architecture-related information technology items funded in the National Intelligence Program;
`(E) ensure that all such elements have the most direct and continuous electronic access to all information (including unevaluated intelligence consistent with existing laws and the guidelines referred to in section 102A(b)) necessary for appropriately cleared analysts to conduct comprehensive all-source analysis and for appropriately cleared policymakers to perform their duties--
`(i) directly, in the case of the elements of the intelligence community within the National Intelligence Program, and
`(ii) in conjunction with the Secretary of Defense and other applicable heads of departments with intelligence elements outside the National Intelligence Program;
`(F) review and provide recommendations to the Deputy National Intelligence Director for Community Management and Resources on National Intelligence Program budget requests for information technology and national security systems;
`(G) assist the Deputy National Intelligence Director for Community Management and Resources in promulgating and enforcing standards on information technology and national security systems that apply throughout the elements of the intelligence community;
`(H) ensure that within and between the elements of the National Intelligence Program, duplicative and unnecessary information technology and national security systems are eliminated; and
`(I) pursuant to the direction of the National Intelligence Director, consult with the Director of the Office of Management and Budget to ensure that the Office of the National Intelligence Director coordinates and complies with national security requirements consistent with applicable law, Executive orders, and guidance; and
`(J) perform such other duties with respect to the information systems and information technology of the Office of the National Intelligence Director as may be prescribed by the Deputy National Intelligence Director for Community Management and Resources or specified by law.
`(n) COUNTERINTELLIGENCE OFFICER TO THE NATIONAL INTELLIGENCE DIRECTOR- (1) There is a Counterintelligence Officer to the National Intelligence Director who shall be appointed by the National Intelligence Director.
`(2) The mission of the Counterintelligence Officer to the National Intelligence Director is to assist the National Intelligence Director in reducing the threats of disclosure or loss of classified or sensitive information or penetration of national intelligence functions that may be potentiated by increased information sharing, enterprise architectures, or other activities under this Act.
`(3) The Counterintelligence Officer to the National Intelligence Director shall--
`(A) assist the Deputy National Intelligence Director for Community Management and Resources in developing and implementing counterintelligence policies for the functions of the Office of the National Intelligence Director, in consultation with the Associate National Intelligence Directors;
`(B) ensure that policies under subparagraph (A) and the implementation of those policies are coordinated with counterintelligence activities of appropriate agencies and elements of the National Intelligence Program, and with the activities of the Intelligence Community Information Officer;
`(C) review resource requirements to support the mission of the Counterintelligence Officer under this subsection and make recommendations to the Deputy National Intelligence Director for Community Management and Resources with respect to those requirements; and
`(D) perform such other duties as the National Intelligence Director shall prescribe.
`CENTRAL INTELLIGENCE AGENCY
`SEC. 104. (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 104A(c).
`DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
`SEC. 104A. (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. The Director shall be under the authority, direction, and control of the National Intelligence Director, except as otherwise determined by the President.
`(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) provide overall direction for the collection of national intelligence overseas or outside the United States through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other agencies of the Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that the risks to the United States and those involved in such collection are minimized;
`(3) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence;
`(4) 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
`(5) perform such other functions and duties related to intelligence affecting the national security as the President or the National Intelligence Director may direct.
`(d) DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY- There is a Deputy Director of the Central Intelligence Agency who shall be appointed by the President. The Deputy Director shall perform such functions as the Director may prescribe and shall perform the duties of the Director during the Director's absence or disability or during a vacancy in the position of the Director of the Central Intelligence Agency.
`(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES- (1) Notwithstanding the provisions of any other law, the Director of the Central Intelligence Agency may, in the discretion of the Director, terminate the employment of any officer or employee of the Central Intelligence Agency whenever the Director considers the termination of employment of such officer or employee necessary or advisable in the interests of the United States.
`(2) Any termination of employment of an officer or employee under paragraph (1) shall not affect the right of the officer or employee to seek or accept employment in any other department, agency, or element of the United States Government if declared eligible for such employment by the Office of Personnel Management.'.
(b) FIRST DIRECTOR- (1) When the Senate receives the nomination of a person for the initial appointment by the President for the position of National Intelligence Director, it shall consider and dispose of such nomination within a period of 30 legislative days.
(2) If the Senate does not dispose of such nomination referred to in paragraph (1) within such period--
(A) Senate confirmation is not required; and
(B) the appointment of such nominee as National Intelligence Director takes effect upon administration of the oath of office.
(3) For the purposes of this subsection, the term `legislative day' means a day on which the Senate is in session.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
`(5) The terms `national intelligence' and `intelligence related to national security' refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that--
`(A) pertains, as determined consistent with any guidance issued by the President, to more than one United States Government agency; and
`(B) that involves--
`(i) threats to the United States, its people, property, or interests;
`(ii) the development, proliferation, or use of weapons of mass destruction; or
`(iii) any other matter bearing on United States national or homeland security.'.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY.
(a) Development of Procedures- The National Intelligence Director, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall develop joint procedures to be used by the Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction of operations that involve elements of both the Armed Forces and the Central Intelligence Agency consistent with national security and the protection of human intelligence sources and methods. Those procedures shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and sustainment of operations, including, as a minimum--
(A) information exchange between senior officials of the Central Intelligence Agency and senior officers and officials of the Department of Defense when planning for such an operation commences by either organization; and
(B) exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure that senior operational officials in both the Department of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other.
(2) When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, mutual agreement on the tactical and strategic objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication of effort.
(b) Implementation Report- Not later than 180 days after the date of the enactment of the Act, the National Intelligence Director shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) and the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7))) a report describing the procedures established pursuant to subsection (a) and the status of the implementation of those procedures.
SEC. 1014. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES.
Section 106 of the National Security Act of 1947 (50 U.S.C. 403-6) is amended by striking all after the heading and inserting the following:
`(a) RECOMMENDATION OF NID IN CERTAIN APPOINTMENTS- (1) In the event of a vacancy in a position referred to in paragraph (2), 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 Director of the Central Intelligence Agency.
`(b) CONCURRENCE OF NID IN APPOINTMENTS TO POSITIONS IN THE INTELLIGENCE COMMUNITY- (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 not fill the vacancy or make the recommendation to the President (as the case may be). In the case in which the National Intelligence Director does not concur in such a recommendation, the Director and the head of the department or agency concerned may advise the President directly of the intention to withhold concurrence or to make a recommendation, as the case may be.
`(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) CONSULTATION WITH NATIONAL INTELLIGENCE DIRECTOR IN CERTAIN POSITIONS- (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 consult with 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.
`(2) Paragraph (1) applies to the following positions:
`(A) The Director of the Defense Intelligence Agency.
`(B) The Assistant Secretary of State for Intelligence and Research.
`(C) The Director of the Office of Intelligence of the Department of Energy.
`(D) The Director of the Office of Counterintelligence of the Department of Energy.
`(E) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.
`(F) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or successor.
`(G) The Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection.
`(H) The Deputy Assistant Commandant of the Coast Guard for Intelligence.
SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE DIRECTOR.
(a) INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE DIRECTOR- Notwithstanding section 102(a)(1) of the National Security Act of 1947, as added by section 1011(a), the individual serving as the Director of Central Intelligence on the date immediately preceding the date of the enactment of this Act may, at the discretion of the President, become the initial National Intelligence Director.
(b) GENERAL REFERENCES- (1) 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 National Intelligence Director.
(2) 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.
(3) 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 National Intelligence Director.
(4) Any reference to the Deputy Director of Central Intelligence for Community Management in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Deputy National Intelligence Director for Community Management and Resources.
SEC. 1016. 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. 1017. INFORMATION SHARING.
(a) FINDINGS- 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.
(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.
(3) In the period preceding September 11, 2001, there were instances of potentially helpful information that was available but that no person knew to ask for; information that was distributed only in compartmented channels, and information that was requested but could not be shared.
(4) The current system, in which each intelligence agency has its own security practices, requires a demonstrated `need to know' before sharing.
(5) The National Intelligence Director should pursue setting an executable government-wide security mode policy of `right-to-share,' one based on a proven blend of both integrity and access control models and supported by applicable law. No single agency can create a meaningful government-wide information sharing system on its own.
(b) ESTABLISHMENT OF INFORMATION SHARING ENVIRONMENT- The President shall establish a secure information sharing environment (ISE) for the sharing of intelligence and related information in a manner consistent with national security and the protection of privacy and civil liberties. The information sharing environment (ISE) shall be based on clearly defined and consistently applied policies and procedures, and valid investigative, analytical, and operational requirements.
SEC. 1018. REPORT ON INTEGRATION OF DRUG ENFORCEMENT AGENCY INTO THE INTELLIGENCE COMMUNITY.
(a) REPORT- Not later than 120 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report on the practicality of integrating the Drug Enforcement Administration into the intelligence community.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this section, the term `appropriate congressional committees' means--
(1) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and
(2) the Committees on the Judiciary of the House of Representatives and the Senate.
Subtitle B--National Counterterrorism Center and Civil Liberties Protections SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
(a) IN GENERAL- Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section:
`NATIONAL COUNTERTERRORISM CENTER
`SEC. 119. (a) ESTABLISHMENT OF CENTER- There is within the Office of the National Intelligence Director a National Counterterrorism Center.
`(b) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER- There is a Director of the National Counterterrorism Center, who shall be the head of the National Counterterrorism Center, who shall be appointed by National Intelligence Director.
`(c) SUPERVISION- The Director of the National Counterterrorism Center shall report to the National Intelligence Director on--
`(1) the budget and programs of the National Counterterrorism Center;
`(2) the activities of the Directorate of Intelligence of the National Counterterrorism Center under subsection (h);
`(3) the conduct of intelligence operations implemented by other elements of the intelligence community; and
`(4) the planning and progress of joint counterterrorism operations (other than intelligence operations).
The National Intelligence Director shall carry out this section through the Deputy National Intelligence Director for Operations.
`(d) PRIMARY MISSIONS- The primary missions of the National Counterterrorism Center shall be as follows:
`(1) To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to terrorism and counterterrorism, excepting intelligence pertaining exclusively to domestic terrorists and domestic counterterrorism.
`(2) To conduct strategic operational planning for counterterrorism activities, integrating all instruments of national power, including diplomatic, financial, military, intelligence, homeland security, and law enforcement activities within and among agencies.
`(3) To assign roles and missions responsibilities as part of the its strategic operational planning duties to lead Departments or agencies, as appropriate, for counterterrorism activities that are consistent with applicable law and that support counterterrorism strategic plans, but shall not direct the execution of any resulting operations.
`(4) To ensure that agencies, as appropriate, have access to and receive all-source intelligence support needed to execute their counterterrorism plans or perform independent, alternative analysis.
`(5) To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned activities.
`(6) To serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups, as well as their goals, strategies, capabilities, and networks of contacts and support.
`(e) Domestic Counterterrorism Intelligence- (1) The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in section 102A(b), receive intelligence pertaining exclusively to domestic counterterrorism from any Federal, State, or local government or other source necessary to fulfill its responsibilities and retain and disseminate such intelligence.
`(2) Any agency authorized to conduct counterterrorism activities may request information from the Center to assist it in its responsibilities, consistent with applicable law and the guidelines referred to in section 102A(b).
`(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR- The Director of the National Counterterrorism Center shall--
`(1) serve as the principal adviser to the National Intelligence Director on intelligence operations relating to counterterrorism;
`(2) provide strategic guidance and plans 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 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;
`(4) disseminate terrorism information, including current terrorism threat analysis, to the President, the Vice President, the Secretaries of State, Defense, and Homeland Security, the Attorney General, the Director of the Central Intelligence Agency, and other officials of the executive branch as appropriate, and to the appropriate committees of Congress;
`(5) support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in fulfillment of their responsibilities to disseminate terrorism information, consistent with applicable law, guidelines referred to in section 102A(b), Executive orders and other Presidential guidance, to State and local government officials, and other entities, and coordinate dissemination of terrorism information to foreign governments as approved by the National Intelligence Director;
`(6) consistent with priorities approved by the President, assist the National Intelligence Director in establishing requirements for the intelligence community for the collection of terrorism information; and
`(7) perform such other duties as the National Intelligence Director may prescribe or are prescribed by law.
`(g) LIMITATION- The Director of the National Counterterrorism Center may not direct the execution of counterterrorism operations.
`(h) RESOLUTION OF DISPUTES- The National Intelligence Director shall resolve disagreements between the National Counterterrorism Center and the head of a department, agency, or element of the United States Government on designations, assignments, plans, or responsibilities. The head of such a department, agency, or element may appeal the resolution of the disagreement by the National Intelligence Director to the President.
`(i) DIRECTORATE OF INTELLIGENCE- The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a Directorate of Intelligence which shall have primary responsibility within the United States Government for analysis of terrorism and terrorist organizations (except for purely domestic terrorism and domestic terrorist organizations) from all sources of intelligence, whether collected inside or outside the United States.
`(j) DIRECTORATE OF STRATEGIC PLANNING- The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a Directorate of Strategic Planning which shall provide strategic guidance and plans for counterterrorism operations conducted by the United States Government.'.
(b) CLERICAL AMENDMENT- The table of sections for the National Security Act of 1947 is amended by inserting after the item relating to section 118 the following new item:
`Sec. 119. National Counterterrorism Center.'.
SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER.
(a) CIVIL LIBERTIES PROTECTION OFFICER- (1) Within the Office of the National Intelligence Director, there is a Civil Liberties Protection Officer who shall be appointed by the National Intelligence Director.
(2) The Civil Liberties Protection Officer shall report directly to the National Intelligence Director.
(b) Duties- The Civil Liberties Protection Officer shall--
(1) ensure that the protection of civil liberties and privacy is appropriately incorporated in the policies and procedures developed for and implemented by the Office of the National Intelligence Director and the elements of the intelligence community within the National Intelligence Program;
(2) oversee compliance by the Office and the National Intelligence Director with requirements under the Constitution and all laws, regulations, Executive orders, and implementing guidelines relating to civil liberties and privacy;
(3) review and assess complaints and other information indicating possible abuses of civil liberties and privacy in the administration of the programs and operations of the Office and the National Intelligence Director and, as appropriate, investigate any such complaint or information;
(4) ensure that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;
(5) ensure that personal information contained in a system of records subject to section 552a of title 5, United States Code (popularly referred to as the `Privacy Act'), is handled in full compliance with fair information practices as set out in that section;
(6) conduct privacy impact assessments when appropriate or as required by law; and
(7) perform such other duties as may be prescribed by the National Intelligence Director or specified by law.
(c) USE OF AGENCY INSPECTORS GENERAL- When appropriate, the Civil Liberties Protection Officer may refer complaints to the Office of Inspector General having responsibility for the affected element of the department or agency of the intelligence community to conduct an investigation under paragraph (3) of subsection (b).
Subtitle C--Joint Intelligence Community Council SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) ESTABLISHMENT- (1) There is hereby established a Joint Intelligence Community Council.
(b) FUNCTIONS- (1) The Joint Intelligence Community Council shall provide advice to the National Intelligence Director as appropriate.
(2) The National Intelligence Director shall consult with the Joint Intelligence Community Council in developing guidance for the development of the annual National Intelligence Program budget.
(c) MEMBERSHIP- The Joint Intelligence Community Council shall consist of the following:
(1) The National Intelligence Director, who shall chair the Council.
(2) The Secretary of State.
(3) The Secretary of the Treasury.
(4) The Secretary of Defense.
(5) The Attorney General.
(6) The Secretary of Energy.
(7) The Secretary of Homeland Security.
(8) Such other officials of the executive branch as the President may designate.
Subtitle D--Improvement of Human Intelligence (HUMINT) SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY CRITICAL COMPONENT OF THE INTELLIGENCE COMMUNITY.
It is a sense of Congress that--
(1) the human intelligence officers of the intelligence community have performed admirably and honorably in the face of great personal dangers;
(2) during an extended period of unprecedented investment and improvements in technical collection means, the human intelligence capabilities of the United States have not received the necessary and commensurate priorities;
(3) human intelligence is becoming an increasingly important capability to provide information on the asymmetric threats to the national security of the United States;
(4) the continued development and improvement of a robust and empowered and flexible human intelligence work force is critical to identifying, understanding, and countering the plans and intentions of the adversaries of the United States; and
(5) an increased emphasis on, and resources applied to, enhancing the depth and breadth of human intelligence capabilities of the United States intelligence community must be among the top priorities of the National Intelligence Director.
SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CAPACITY.
Not later than 6 months after the date of the enactment of this Act, the National Intelligence Director shall submit to Congress a report on existing human intelligence (HUMINT) capacity which shall include a plan to implement changes, as necessary, to accelerate improvements to, and increase the capacity of, HUMINT across the intelligence community.
Subtitle E--Improvement of Education for the Intelligence Community SEC. 1051. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER NATIONAL SECURITY EDUCATION PROGRAM.
(a) In General- (1) Subsection (b)(2) of section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended to read as follows:
`(2) will meet the requirements for obligated service described in subsection (j); and'.
(2) Such section is further amended by adding at the end the following new subsection:
`(j) REQUIREMENTS FOR OBLIGATED SERVICE IN THE GOVERNMENT- (1) Each recipient of a scholarship or a fellowship under the program shall work in a specified national security position. In this subsection, the term `specified national security position' means a position of a department or agency of the United States that the Secretary certifies is appropriate to use the unique language and region expertise acquired by the recipient pursuant to the study for which scholarship or fellowship assistance (as the case may be) was provided under the program.
`(2) Each such recipient shall commence work in a specified national security position as soon as practicable but in no case later than two years after the completion by the recipient of the study for which scholarship or fellowship assistance (as the case may be) was provided under the program.
`(3) Each such recipient shall work in a specified national security position for a period specified by the Secretary, which period shall include--
`(A) in the case of a recipient of a scholarship, one year of service for each year, or portion thereof, for which such scholarship assistance was provided, and
`(B) in the case of a recipient of a fellowship, not less than one nor more than three years for each year, or portion thereof, for which such fellowship assistance was provided.
`(4) Recipients shall seek specified national security positions as follows:
`(A) In the Department of Defense or in any element of the intelligence community.
`(B) In the Department of State or in the Department of Homeland Security, if the recipient demonstrates to the Secretary that no position is available in the Department of Defense or in any element of the intelligence community.
`(C) In any other Federal department or agency not referred to in subparagraphs (A) and (B), if the recipient demonstrates to the Secretary that no position is available in a Federal department or agency specified in such paragraphs.'.
(b) Regulations- The Secretary of Defense shall prescribe regulations to carry out subsection (j) of section 802 of the David L. Boren National Security Education Act of 1991, as added by subsection (a). In prescribing such regulations, the Secretary shall establish standards that recipients of scholarship and fellowship assistance under the program under section 802 of the David L. Boren National Security Education Act of 1991 are required to demonstrate in order to satisfy the requirement of a good faith effort to gain employment as required under such subsection.
(c) Applicability- (1) The amendments made by subsection (a) shall apply with respect to service agreements entered into under the David L. Boren National Security Education Act of 1991 on or after the date of the enactment of this Act.
(2) The amendments made by subsection (a) shall not affect the force, validity, or terms of any service agreement entered into under the David L. Boren National Security Education Act of 1991 before the date of the enactment of this Act that is in force as of that date.
SEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
(a) INCREASE IN ANNUAL AUTHORIZATION OF APPROPRIATIONS- (1) Title VIII of the Intelligence Authorization Act for Fiscal Year 1992 (Public Law 102-183; 105 Stat. 1271), as amended by section 311(c) of the Intelligence Authorization Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2037) and by section 333(b) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2397), is amended in subsection (a) of section 811 by striking `there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2003, $10,000,000,' and inserting `there is authorized to be appropriated to the Secretary for each of fiscal years 2003 and 2004, $10,000,000, and for fiscal year 2005 and each subsequent fiscal year, $12,000,000,'.
(2) Subsection (b) of such section is amended by inserting `for fiscal years 2003 and 2004 only' after `authorization of appropriations under subsection (a)'.
(b) REQUIREMENT FOR EMPLOYMENT AGREEMENTS- (1) Section 802(i) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(i)) is amended by adding at the end the following new paragraph:
`(5)(A) In the case of an undergraduate or graduate student that participates in training in programs under paragraph (1), the student shall enter into an agreement described in subsection (b), other than such a student who has entered into such an agreement pursuant to subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
`(B) In the case of an employee of an agency or department of the Federal Government that participates in training in programs under paragraph (1), the employee shall agree in writing--
`(i) to continue in the service of the agency or department of the Federal Government employing the employee for the period of such training;
`(ii) to continue in the service of such agency or department employing the employee following completion of such training for a period of two years for each year, or part of the year, of such training;
`(iii) to reimburse the United States for the total cost of such training (excluding the employee's pay and allowances) provided to the employee if, before the completion by the employee of the training, the employment of the employee by the agency or department is terminated due to misconduct by the employee or by the employee voluntarily; and
`(iv) to reimburse the United States if, after completing such training, the employment of the employee by the agency or department is terminated either by the agency or department due to misconduct by the employee or by the employee voluntarily, before the completion by the employee of the period of service required in clause (ii), in an amount that bears the same ratio to the total cost of the training (excluding the employee's pay and allowances) provided to the employee as the unserved portion of such period of service bears to the total period of service under clause (ii).
`(C) Subject to subparagraph (D), the obligation to reimburse the United States under an agreement under subparagraph (A) is for all purposes a debt owing the United States.
`(D) The head of an element of the intelligence community may release an employee, in whole or in part, from the obligation to reimburse the United States under an agreement under subparagraph (A) when, in the discretion of the head of the element, the head of the element determines that equity or the interests of the United States so require.'.
(2) The amendment made by paragraph (1) shall apply to training that begins on or after the date that is 90 days after the date of the enactment of this Act.
(c) INCREASE IN THE NUMBER OF PARTICIPATING EDUCATIONAL INSTITUTIONS- The Secretary of Defense shall take such steps as the Secretary determines will increase the number of qualified educational institutions that receive grants under the National Flagship Language Initiative to establish, operate, or improve activities designed to train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical in the interests of the national security of the United States.
(d) CLARIFICATION OF AUTHORITY TO SUPPORT STUDIES ABROAD- Educational institutions that receive grants under the National Flagship Language Initiative may support students who pursue total immersion foreign language studies overseas of foreign languages that are critical to the national security of the United States.
SEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED STATES- (1) Subsection (a)(1) of section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended--
(A) by striking `and' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and inserting `; and'; and
(C) by adding at the end the following new subparagraph:
`(E) awarding scholarships to students who--
`(i) are United States citizens who--
`(I) are native speakers (commonly referred to as heritage community residents) of a foreign language that is identified as critical to the national security interests of the United States who should be actively recruited for employment by Federal security agencies with a need for linguists; and
`(II) are not proficient at a professional level in the English language with respect to reading, writing, and interpersonal skills required to carry out the national security interests of the United States, as determined by the Secretary,
to enable such students to pursue English language studies at an institution of higher education of the United States to attain proficiency in those skills; and
`(ii) enter into an agreement to work in a national security position or work in the field of education in the area of study for which the scholarship was awarded in a similar manner (as determined by the Secretary) as agreements entered into pursuant to subsection (b)(2)(A).'.
(2) The matter following subsection (a)(2) of such section is amended--
(A) in the first sentence, by inserting `or for the scholarship program under paragraph (1)(E)' after `under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i)'; and
(B) by adding at the end the following: `For the authorization of appropriations for the scholarship program under paragraph (1)(E), see section 812.'.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is amended by inserting before the period the following: `and section 802(a)(1)(E) (relating to scholarship programs for advanced English language studies by heritage community residents)'.
(b) FUNDING- The David L. Boren National Security Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the following new section:
`SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN HERITAGE COMMUNITY RESIDENTS.
`There is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2005, $4,000,000, to carry out the scholarship programs for English language studies by certain heritage community residents under section 802(a)(1)(E).
SEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LANGUAGE AND EDUCATION FOR THE INTELLIGENCE COMMUNITY; REPORTS.
(a) SENSE OF CONGRESS- It is the sense of Congress that there should be within the Office of the National Intelligence Director a senior official responsible to assist the National Intelligence Director in carrying out the Director's responsibilities for establishing policies and procedure for foreign language education and training of the intelligence community. The duties of such official should include the following:
(1) Overseeing and coordinating requirements for foreign language education and training of the intelligence community.
(2) Establishing policy, standards, and priorities relating to such requirements.
(3) Identifying languages that are critical to the capability of the intelligence community to carry out national security activities of the United States.
(4) Monitoring the allocation of resources for foreign language education and training in order to ensure the requirements of the intelligence community with respect to foreign language proficiency are met.
(b) REPORTS- Not later than one year after the date of the enactment of this Act, the National Intelligence Director shall submit to Congress the following reports:
(1) A report that identifies--
(A) skills and processes involved in learning a foreign language; and
(B) characteristics and teaching techniques that are most effective in teaching foreign languages.
(2)(A) A report that identifies foreign language heritage communities, particularly such communities that include speakers of languages that are critical to the national security of the United States.
(B) For purposes of subparagraph (A), the term `foreign language heritage community' means a community of residents or citizens of the United States--
(i) who are native speakers of, or who have fluency in, a foreign language; and
(ii) who should be actively recruited for employment by Federal security agencies with a need for linguists.
(3) A report on--
(A) the estimated cost of establishing a program under which the heads of elements of the intelligence community agree to repay employees of the intelligence community for any student loan taken out by that employee for the study of foreign languages critical for the national security of the United States; and
(B) the effectiveness of such a program in recruiting and retaining highly qualified personnel in the intelligence community.
SEC. 1055. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE COMMUNITY.
(a) IN GENERAL- Title X of the National Security Act of 1947 (50 U.S.C.) is amended--
(1) by inserting before section 1001 (50 U.S.C. 441g) the following:
`Subtitle A--Science and Technology';
and
(2) by adding at the end the following new subtitles:
`Subtitle B--Foreign Languages Program `PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE COMMUNITY
`SEC. 1011. (a) ESTABLISHMENT OF PROGRAM- The Secretary of Defense and the National Intelligence Director may jointly establish a program to advance foreign languages skills in languages that are critical to the capability of the intelligence community to carry out national security activities of the United States (hereinafter in this subtitle referred to as the `Foreign Languages Program').
`(b) IDENTIFICATION OF REQUISITE ACTIONS- In order to carry out the Foreign Languages Program, the Secretary of Defense and the National Intelligence Director shall jointly determine actions required to improve the education of personnel in the intelligence community in foreign languages that are critical to the capability of the intelligence community to carry out national security activities of the United States to meet the long-term intelligence needs of the United States.
`EDUCATION PARTNERSHIPS
`SEC. 1012. (a) IN GENERAL- In carrying out the Foreign Languages Program, the head of a department or agency containing an element of an intelligence community entity may enter into one or more education partnership agreements with educational institutions in the United States in order to encourage and enhance the study of foreign languages that are critical to the capability of the intelligence community to carry out national security activities of the United States in educational institutions.
`(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL PARTNERSHIP AGREEMENTS- Under an educational partnership agreement entered into with an educational institution pursuant to this section, the head of an element of an intelligence community entity may provide the following assistance to the educational institution:
`(1) The loan of equipment and instructional materials of the element of the intelligence community entity to the educational institution for any purpose and duration that the head determines to be appropriate.
`(2) Notwithstanding any other provision of law relating to transfers of surplus property, the transfer to the educational institution of any computer equipment, or other equipment, that is--
`(A) commonly used by educational institutions;
`(B) surplus to the needs of the entity; and
`(C) determined by the head of the element to be appropriate for support of such agreement.
`(3) The provision of dedicated personnel to the educational institution--
`(A) to teach courses in foreign languages that are critical to the capability of the intelligence community to carry out national security activities of the United States; or
`(B) to assist in the development of such courses and materials for the institution.
`(4) The involvement of faculty and students of the educational institution in research projects of the element of the intelligence community entity.
`(5) Cooperation with the educational institution in developing a program under which students receive academic credit at the educational institution for work on research projects of the element of the intelligence community entity.
`(6) The provision of academic and career advice and assistance to students of the educational institution.
`(7) The provision of cash awards and other items that the head of the element of the intelligence community entity determines to be appropriate.
`VOLUNTARY SERVICES
`SEC. 1013. (a) AUTHORITY TO ACCEPT SERVICES- Notwithstanding section 1342 of title 31, United States Code, and subject to subsection (b), the Foreign Languages Program under section 1011 shall include authority for the head of an element of an intelligence community entity to accept from any individual who is dedicated personnel (as defined in section 1016(3)) voluntary services in support of the activities authorized by this subtitle.
`(b) REQUIREMENTS AND LIMITATIONS- (1) In accepting voluntary services from an individual under subsection (a), the head of the element shall--
`(A) supervise the individual to the same extent as the head of the element would supervise a compensated employee of that element providing similar services; and
`(B) ensure that the individual is licensed, privileged, has appropriate educational or experiential credentials, or is otherwise qualified under applicable law or regulations to provide such services.
`(2) In accepting voluntary services from an individual under subsection (a), the head of an element of the intelligence community entity may not--
`(A) place the individual in a policymaking position, or other position performing inherently government functions; or
`(B) compensate the individual for the provision of such services.
`(c) AUTHORITY TO RECRUIT AND TRAIN INDIVIDUALS PROVIDING SERVICES- The head of an element of an intelligence community entity may recruit and train individuals to provide voluntary services accepted under subsection (a).
`(d) STATUS OF INDIVIDUALS PROVIDING SERVICES- (1) Subject to paragraph (2), while providing voluntary services accepted under subsection (a) or receiving training under subsection (c), an individual shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:
`(A) Section 552a of title 5, United States Code (relating to maintenance of records on individuals).
`(B) Chapter 11 of title 18, United States Code (relating to conflicts of interest).
`(2)(A) With respect to voluntary services accepted under paragraph (1) provided by an individual that are within the scope of the services so accepted, the individual is deemed to be a volunteer of a governmental entity or nonprofit institution for purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
`(B) In the case of any claim against such an individual with respect to the provision of such services, section 4(d) of such Act (42 U.S.C. 14503(d)) shall not apply.
`(3) Acceptance of voluntary services under this section shall have no bearing on the issuance or renewal of a security clearance.
`(e) REIMBURSEMENT OF INCIDENTAL EXPENSES- (1) The head of an element of the intelligence community entity may reimburse an individual for incidental expenses incurred by the individual in providing voluntary services accepted under subsection (a). The head of an element of the intelligence community entity shall determine which expenses are eligible for reimbursement under this subsection.
`(2) Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.
`(f) AUTHORITY TO INSTALL EQUIPMENT- (1) The head of an element of the intelligence community may install telephone lines and any necessary telecommunication equipment in the private residences of individuals who provide voluntary services accepted under subsection (a).
`(2) The head of an element of the intelligence community may pay the charges incurred for the use of equipment installed under paragraph (1) for authorized purposes.
`(3) Notwithstanding section 1348 of title 31, United States Code, the head of an element of the intelligence community entity may use appropriated funds or nonappropriated funds of the element in carrying out this subsection.
`REGULATIONS
`SEC. 1014. (a) IN GENERAL- The Secretary of Defense and the National Intelligence Director jointly shall promulgate regulations necessary to carry out the Foreign Languages Program authorized under this subtitle.
`(b) ELEMENTS OF THE INTELLIGENCE COMMUNITY- Each head of an element of an intelligence community entity shall prescribe regulations to carry out sections 1012 and 1013 with respect to that element including the following:
`(1) Procedures to be utilized for the acceptance of voluntary services under section 1013.
`(2) Procedures and requirements relating to the installation of equipment under section 1013(g).
`DEFINITIONS
`SEC. 1015. In this subtitle:
`(1) The term `intelligence community entity' means an agency, office, bureau, or element referred to in subparagraphs (B) through (K) of section 3(4).
`(2) The term `educational institution' means--
`(A) a local educational agency (as that term is defined in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26))),
`(B) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) other than institutions referred to in subsection (a)(1)(C) of such section), or
`(C) any other nonprofit institution that provides instruction of foreign languages in languages that are critical to the capability of the intelligence community to carry out national security activities of the United States.
`(3) The term `dedicated personnel' means employees of the intelligence community and private citizens (including former civilian employees of the Federal Government who have been voluntarily separated, and members of the United States Armed Forces who have been honorably discharged or generally discharged under honorable circumstances, and rehired on a voluntary basis specifically to perform the activities authorized under this subtitle).
`Subtitle C--Additional Education Provisions `ASSIGNMENT OF INTELLIGENCE COMMUNITY PERSONNEL AS LANGUAGE STUDENTS
`SEC. 1021. (a) IN GENERAL- (1) The National Intelligence Director, acting through the heads of the elements of the intelligence community, may provide for the assignment of military and civilian personnel described in paragraph (2) as students at accredited professional, technical, or other institutions of higher education for training at the graduate or undergraduate level in foreign languages required for the conduct of duties and responsibilities of such positions.
`(2) Personnel referred to in paragraph (1) are personnel of the elements of the intelligence community who serve in analysts positions in such elements and who require foreign language expertise required for the conduct of duties and responsibilities of such positions.
`(b) AUTHORITY FOR REIMBURSEMENT OF COSTS OF TUITION AND TRAINING- (1) The Director may reimburse an employee assigned under subsection (a) for the total cost of the training described in subsection (a), including costs of educational and supplementary reading materials.
`(2) The authority under paragraph (1) shall apply to employees who are assigned on a full-time or part-time basis.
`(3) Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.
`(c) RELATIONSHIP TO COMPENSATION AS AN ANALYST- Reimbursement under this section to an employee who is an analyst is in addition to any benefits, allowances, travels, or other compensation the employee is entitled to by reason of serving in such an analyst position.'.
(b) CLERICAL AMENDMENT- The table of contents for the National Security Act of 1947 is amended by striking the item relating to section 1001 and inserting the following new items:
`Subtitle A--Science and Technology
`Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science and technology.
`Subtitle B--Foreign Languages Program
`Sec. 1011. Program on advancement of foreign languages critical to the intelligence community.
`Sec. 1012. Education partnerships.
`Sec. 1013. Voluntary services.
`Sec. 1014. Regulations.
`Sec. 1015. Definitions.
`Subtitle C--Additional Education Provisions
`Sec. 1021. Assignment of intelligence community personnel as language students.'.
SEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.
(a) PILOT PROJECT- The National Intelligence Director shall conduct a pilot project to establish a Civilian Linguist Reserve Corps comprised of United States citizens with advanced levels of proficiency in foreign languages who would be available upon a call of the President to perform such service or duties with respect to such foreign languages in the Federal Government as the President may specify.
(b) CONDUCT OF PROJECT- Taking into account the findings and recommendations contained in the report required under section 325 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2393), in conducting the pilot project under subsection (a) the National Intelligence Director shall--
(1) identify several foreign languages that are critical for the national security of the United States;
(2) identify United States citizens with advanced levels of proficiency in those foreign languages who would be available to perform the services and duties referred to in subsection (a); and
(3) implement a call for the performance of such services and duties.
(c) DURATION OF PROJECT- The pilot project under subsection (a) shall be conducted for a three-year period.
(d) AUTHORITY TO ENTER INTO CONTRACTS- The National Intelligence Director may enter into contracts with appropriate agencies or entities to carry out the pilot project under subsection (a).
(e) REPORTS- (1) The National Intelligence Director shall submit to Congress an initial and a final report on the pilot project conducted under subsection (a).
(2) Each report required under paragraph (1) shall contain information on the operation of the pilot project, the success of the pilot project in carrying out the objectives of the establishment of a Civilian Linguist Reserve Corps, and recommendations for the continuation or expansion of the pilot project.
(3) The final report shall be submitted not later than 6 months after the completion of the project.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the National Intelligence Director such sums as are necessary for each of fiscal years 2005, 2006, and 2007 in order to carry out the pilot project under subsection (a).
SEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL VIRTUAL TRANSLATION CENTER.
(a) IN GENERAL- Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.), as amended by section 1021(a), is further amended by adding at the end the following new section:
`NATIONAL VIRTUAL TRANSLATION CENTER
`SEC. 120. (a) IN GENERAL- There is an element of the intelligence community known as the National Virtual Translation Center under the direction of the National Intelligence Director.
`(b) FUNCTION- The National Virtual Translation Center shall provide for timely and accurate translations of foreign intelligence for all other elements of the intelligence community.
`(c) FACILITATING ACCESS TO TRANSLATIONS- In order to minimize the need for a central facility for the National Virtual Translation Center, the Center shall--
`(1) use state-of-the-art communications technology;
`(2) integrate existing translation capabilities in the intelligence community; and
`(3) use remote-connection capacities.
`(d) USE OF SECURE FACILITIES- Personnel of the National Virtual Translation Center may carry out duties of the Center at any location that--
`(1) has been certified as a secure facility by an agency or department of the United States; and
`(2) the National Intelligence Director determines to be appropriate for such purpose.'.
(b) CLERICAL AMENDMENT- The table of sections for that Act, as amended by section 1021(b), is further amended by inserting after the item relating to section 119 the following new item:
`Sec. 120. National Virtual Translation Center.'.
SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS OF THE DEFENSE LANGUAGE INSTITUTE.
(a) STUDY- The Secretary of Defense shall conduct a study on methods to improve the recruitment and retention of qualified foreign language instructors at the Foreign Language Center of the Defense Language Institute. In conducting the study, the Secretary shall consider, in the case of a foreign language instructor who is an alien, to expeditiously adjust the status of the alien from a temporary status to that of an alien lawfully admitted for permanent residence.
(b) REPORT- (1) Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the study conducted under subsection (a), and shall include in that report recommendations for such changes in legislation and regulation as the Secretary determines to be appropriate.
(2) DEFINITION- In this subsection, the term `appropriate congressional committees' means the following:
(A) The Select Committee on Intelligence and the Committee on Armed Services of the Senate.
(B) The Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives.
Subtitle F--Additional Improvements of Intelligence Activities SEC. 1061. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY SEPARATION INCENTIVE PROGRAM.
(a) EXTENSION OF PROGRAM- Section 2 of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.
(b) TERMINATION OF FUNDS REMITTANCE REQUIREMENT- (1) Section 2 of such Act (50 U.S.C. 403-4 note) is further amended by striking subsection (i).
(2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note) is amended by striking `, or section 2 of the Central Intelligence Agency Voluntary Separation Pay Act (Public Law 103-36; 107 Stat. 104)'.
SEC. 1062. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES PANEL.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by adding at the end the following new section:
`SEC. 19. (a) There is established the National Security Agency Emerging Technologies Panel. The panel is a standing panel of the National Security Agency. The panel shall be appointed by, and shall report directly to, the Director.
`(b) The National Security Agency Emerging Technologies Panel shall study and assess, and periodically advise the Director on, the research, development, and application of existing and emerging science and technology advances, advances on encryption, and other topics.
`(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the National Security Agency Emerging Technologies Panel.'.
SEC. 1063. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE COMMUNITY.
The National Intelligence Director, in cooperation with the Secretary of Defense and the Secretary of Energy, should seek to ensure that each service laboratory of the Department of Defense and each national laboratory of the Department of Energy may, acting through the relevant Secretary and in a manner consistent with the missions and commitments of the laboratory--
(1) assist the National Intelligence Director in all aspects of technical intelligence, including research, applied sciences, analysis, technology evaluation and assessment, and any other aspect that the relevant Secretary considers appropriate; and
(2) make available to the intelligence community, on a community-wide basis--
(A) the analysis and production services of the service and national laboratories, in a manner that maximizes the capacity and services of such laboratories; and
(B) the facilities and human resources of the service and national laboratories, in a manner that improves the technological capabilities of the intelligence community.
SEC. 1064. IMPROVEMENT IN TRANSLATION AND DELIVERY OF SUSPECTED TERRORIST COMMUNICATIONS.
(a) Requirement for Prompt Translation and Transmission- The National Intelligence Director shall develop and transmit to the appropriate agencies guidelines to ensure that all suspected terrorist communications, including transmissions, are translated and delivered in a manner consistent with timelines contained in regulations of the Federal Bureau of Investigations to the extent practicable.
(b) Prevention of Deletion of Terrorist Communications- The National Intelligence Director shall take such steps as are necessary to ensure that terrorist communications are not deleted or discarded before those communications are translated.
SEC. 1065. SENSE OF CONGRESS AND REPORT REGARDING OPEN SOURCE INTELLIGENCE.
(a) Sense of Congress- It is the sense of Congress that--
(1) the National Intelligence Director should establish an intelligence center for the purpose of coordinating the collection, analysis, production, and dissemination of open source intelligence to elements of the intelligence community;
(2) open source intelligence is a valuable source that must be integrated into the intelligence cycle to ensure that United States policymakers are fully and completely informed; and
(3) the intelligence center should ensure that each element of the intelligence community uses open source intelligence consistent with the mission of such element.
(b) Report- Not later than June 30, 2005, the National Intelligence Director shall submit to the congressional intelligence committees a report containing the decision of the National Intelligence Director as to whether an open source intelligence center will be established. If the National Intelligence Director decides not to establish an open source intelligence center, such report shall also contain a description of how the intelligence community will use open source intelligence and effectively integrate open source intelligence into the national intelligence cycle.
Subtitle G--Conforming and Other Amendments SEC. 1071. 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 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).
(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)).
(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. 1072. 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 102A(g) of this Act'.
(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 102A(g) of the National Security Act of 1947'.
(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 102A(g) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(1)) 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 102A(g) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(1))'.
(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. 1073. 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 Office of the National Intelligence Director.
`(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. 1074. 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 by striking `Foreign'.
(b) CONFORMING AMENDMENTS- (1) Section 506(a) of the National Security Act of 1947 (50 U.S.C. 415a(a)) is amended by striking `National Foreign Intelligence Program' and inserting `National Intelligence Program'.
(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 AMENDMENT- The heading of section 506 of that Act is amended by striking `FOREIGN'.
SEC. 1075. 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. 1076. 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. National Intelligence Director.
`Sec. 102A. Responsibilities and authorities of National Intelligence Director.
`Sec. 103. Office of the National Intelligence Director.
`Sec. 104. Central Intelligence Agency.
`Sec. 104A. Director of the Central Intelligence Agency.'; and
(2) 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
(3) 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. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE OF THE DIRECTOR OF THE 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'.
SEC. 1078. ACCESS TO INSPECTOR GENERAL PROTECTIONS.
Section 17(a)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(a)(1)) is amended by inserting before the semicolon at the end the following: `and to programs and operations of the Office of the National Intelligence Director'.
SEC. 1079. 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.
SEC. 1080. APPLICATION OF OTHER LAWS.
(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 Office of the National Intelligence Director; 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 Office of the National Intelligence Director, 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 Office of the National Intelligence Director,' before `the Central Intelligence Agency'.
Subtitle H--Transfer, Termination, Transition and Other Provisions SEC. 1091. 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 103(b) of the National Security Act of 1947, as amended by section 1011(a).
SEC. 1092. 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 119(i) of the National Security Act of 1947, as added by section 1021(a).
SEC. 1093. 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. 1094. IMPLEMENTATION PLAN.
(a) Submission of Plan- The President shall transmit to Congress a plan for the implementation of this title and the amendments made by this title. The plan shall address, at a minimum, the following:
(1) The transfer of personnel, assets, and obligations to the National Intelligence Director pursuant to this title.
(2) Any consolidation, reorganization, or streamlining of activities transferred to the National Intelligence Director pursuant to this title.
(3) The establishment of offices within the Office of the National Intelligence Director to implement the duties and responsibilities of the National Intelligence Director as described in this title.
(4) Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations to be transferred to the National Intelligence Director.
(5) Recommendations for additional legislative or administrative action as the Director considers appropriate.
(b) SENSE OF CONGRESS- It is the sense of Congress that the permanent location for the headquarters for the Office of the National Intelligence Director, should be at a location other than the George Bush Center for Intelligence in Langley, Virginia.
SEC. 1095. TRANSITIONAL AUTHORITIES.
Upon the request of the National Intelligence Director, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to the National Intelligence Director.
SEC. 1096. EFFECTIVE DATES.
(a) IN GENERAL- Except as otherwise expressly provided in this Act, this title and the amendments made by this title shall take effect on the date of the enactment of this Act.
(b) SPECIFIC EFFECTIVE DATES- (1)(A) Not later than 60 days after the date of the enactment of this Act, the National Intelligence Director shall first appoint individuals to positions within the Office of the National Intelligence Director.
(B) Subparagraph (A) shall not apply with respect to the Deputy National Intelligence Director.
(2) Not later than 180 days after the date of the enactment of this Act, the President shall transmit to Congress the implementation plan required under section 1904.
(3) Not later than one year after the date of the enactment of this Act, the National Intelligence Director shall prescribe regulations, policies, procedures, standards, and guidelines required under section 102A of the National Security Act of 1947, as amended by section 1011(a).
Subtitle I--Other Matters SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE OFFICERS.
(a) STUDY- The Secretary of Defense shall conduct a study of the promotion selection rates, and the selection rates for attendance at professional military education schools, of intelligence officers of the Armed Forces, particularly in comparison to the rates for other officers of the same Armed Force who are in the same grade and competitive category.
(b) REPORT- The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report providing the Secretary's findings resulting from the study under subsection (a) and the Secretary's recommendations (if any) for such changes in law as the Secretary considers needed to ensure that intelligence officers, as a group, are selected for promotion, and for attendance at professional military education schools, at rates not less than the rates for all line (or the equivalent) officers of the same Armed Force (both in the zone and below the zone) in the same grade. The report shall be submitted not later than April 1, 2005.
TITLE II--TERRORISM PREVENTION AND PROSECUTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers SEC. 2001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
(a) IN GENERAL- Section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end the following new subparagraph:
`(C) engages in international terrorism or activities in preparation therefor; or'.
(b) SUNSET- The amendment made by subsection (a) shall be subject to the sunset provision in section 224 of Public Law 107-56 (115 Stat. 295), including the exception provided in subsection (b) of such section 224.
Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004 SEC. 2021. SHORT TITLE.
This subtitle may be cited as the `Stop Terrorist and Military Hoaxes Act of 2004'.
SEC. 2022. HOAXES AND RECOVERY COSTS.
(a) Prohibition on Hoaxes- Chapter 47 of title 18, United States Code, is amended by inserting after section 1037 the following:
`Sec. 1038. False information and hoaxes
`(a) Criminal Violation-
`(1) IN GENERAL- Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49 shall--
`(A) be fined under this title or imprisoned not more than 5 years, or both;
`(B) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both; and
`(C) if death results, be fined under this title or imprisoned for any number of years up to life, or both.
`(2) ARMED FORCES- Whoever, without lawful authority, makes a false statement, with intent to convey false or misleading information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United States during a war or armed conflict in which the United States is engaged, shall--
`(A) be fined under this title or imprisoned not more than 5 years, or both;
`(B) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both; and
`(C) if death results, be fined under this title or imprisoned for any number of years up to life, or both.
`(b) Civil Action- Whoever knowingly engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.
`(c) Reimbursement-
`(1) IN GENERAL- The court, in imposing a sentence on a defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any state or local government, or private not-for-profit organization that provides fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.
`(2) LIABILITY- A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.
`(3) CIVIL JUDGMENT- An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment.
`(d) Activities of Law Enforcement- This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States.'.
(b) Clerical Amendment- The table of sections as the beginning of chapter 47 of title 18, United States Code, is amended by adding after the item for section 1037 the following:
`1038. False information and hoaxes.'.
SEC. 2023. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM CASES.
(a) Enhanced Penalty- Section 1001(a) and the third undesignated paragraph of section 1505 of title 18, United States Code, are amended by striking `be fined under this title or imprisoned not more than 5 years, or both' and inserting `be fined under this title, imprisoned not more than 5 years or, if the matter relates to international or domestic terrorism (as defined in section 2331), imprisoned not more than 10 years, or both'.
(b) Sentencing Guidelines- Not later than 30 days of the enactment of this section, the United States Sentencing Commission shall amend the Sentencing Guidelines to provide for an increased offense level for an offense under sections 1001(a) and 1505 of title 18, United States Code, if the offense involves a matter relating to international or domestic terrorism, as defined in section 2331 of such title.
SEC. 2024. CLARIFICATION OF DEFINITION.
Section 1958 of title 18, United States Code, is amended--
(1) in subsection (a), by striking `facility in' and inserting `facility of'; and
(2) in subsection (b)(2), by inserting `or foreign' after `interstate'.
Subtitle C--Material Support to Terrorism Prohibition Enhancement Act of 2004 SEC. 2041. SHORT TITLE.
This subtitle may be cited as the `Material Support to Terrorism Prohibition Enhancement Act of 2004'.
SEC. 2042. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new section:
`Sec. 2339D. Receiving military-type training from a foreign terrorist organization
`(a) Offense- Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).
`(b) Extraterritorial Jurisdiction- There is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if--
`(1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act);
`(2) an offender is a stateless person whose habitual residence is in the United States;
`(3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;
`(4) the offense occurs in whole or in part within the United States;
`(5) the offense occurs in or affects interstate or foreign commerce;
`(6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).
`(c) Definitions- As used in this section--
`(1) the term `military-type training' includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2));
`(2) the term `serious bodily injury' has the meaning given that term in section 1365(h)(3);
`(3) the term `critical infrastructure' means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and
`(4) the term `foreign terrorist organization' means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.'.
SEC. 2043. PROVIDING MATERIAL SUPPORT TO TERRORISM.
(a) Additions to Offense of Providing Material Support to Terrorists- Section 2339A(a) of title 18, United States Code, is amended--
(1) by designating the first sentence as paragraph (1);
(2) by designating the second sentence as paragraph (3);
(3) by inserting after paragraph (1) as so designated by this subsection the following:
`(2) (A) Whoever in a circumstance described in subparagraph (B) provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of international or domestic terrorism (as defined in section 2331), or in preparation for, or in carrying out, the concealment or escape from the commission of any such act, or attempts or conspires to do so, shall be punished as provided under paragraph (1) for an offense under that paragraph.
`(B) The circumstances referred to in subparagraph (A) are any of the following:
`(i) The offense occurs in or affects interstate or foreign commerce.
`(ii) The act of terrorism is an act of international or domestic terrorism that violates the criminal law of the United States.
`(iii) The act of terrorism is an act of domestic terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government.
`(iv) An offender, acting within the United States or outside the territorial jurisdiction of the United States, is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act, an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act , or a stateless person whose habitual residence is in the United States, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government.
`(v) An offender, acting within the United States, is an alien, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government.
`(vi) An offender, acting outside the territorial jurisdiction of the United States, is an alien and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy of, or affect the conduct of, the Government of the United States.
`(vii) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under this paragraph or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under this paragraph.'; and
(4) by inserting `act or' after `underlying'.
(b) Definitions- Section 2339A(b) of title 18, United States Code, is amended--
(1) by striking `In this' and inserting `(1) In this';
(2) by inserting `any property, tangible or intangible, or service, including' after `means';
(3) by inserting `(one or more individuals who may be or include oneself)' after `personnel';
(4) by inserting `and' before `transportation';
(5) by striking `and other physical assets'; and
(6) by adding at the end the following:
`(2) As used in this subsection, the term `training' means instruction or teaching designed to impart a specific skill, as opposed to general knowledge, and the term `expert advice or assistance' means advice or assistance derived from scientific, technical or other specialized knowledge.'.
(c) Addition to Offense of Providing Material Support to Terrorist Organizations- Section 2339B(a)(1) of title 18, United States Code, is amended--
(1) by striking `, within the United States or subject to the jurisdiction of the United States,' and inserting `in a circumstance described in paragraph (2)' ; and
(2) by adding at the end the following: `To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act, or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989.'.
(d) Federal Authority- Section 2339B(d) of title 18 is amended--
(1) by inserting `(1)' before `There'; and
(2) by adding at the end the following:
`(2) The circumstances referred to in paragraph (1) are any of the following:
`(A) An offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act.
`(B) An offender is a stateless person whose habitual residence is in the United States.
`(C) After the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States.
`(D) The offense occurs in whole or in part within the United States.
`(E) The offense occurs in or affects interstate or foreign commerce.
`(F) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).'.
(e) Definition- Paragraph (4) of section 2339B(g) of title 18, United States Code, is amended to read as follows:
`(4) the term `material support or resources' has the same meaning given that term in section 2339A;'.
(f) Additional Provisions- Section 2339B of title 18, United States Code, is amended by adding at the end the following:
`(h) Provision of Personnel- No person may be prosecuted under this section in connection with the term `personnel' unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with one or more individuals (who may be or include himself) to work under that terrorist organization's direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization's direction and control.
`(i) Rule of Construction- Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.'.
SEC. 2044. FINANCING OF TERRORISM.
(a) Financing Terrorism- Section 2339c(c)(2) of title 18, United States Code, is amended--
(1) by striking `, resources, or funds' and inserting `or resources, or any funds or proceeds of such funds';
(2) in subparagraph (A), by striking `were provided' and inserting `are to be provided, or knowing that the support or resources were provided,'; and
(3) in subparagraph (B)--
(A) by striking `or any proceeds of such funds'; and
(B) by striking `were provided or collected' and inserting `are to be provided or collected, or knowing that the funds were provided or collected,'.
(b) Definitions- Section 2339c(e) of title 18, United States Code, is amended--
(1) by striking `and' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
`(13) the term `material support or resources' has the same meaning given that term in section 2339B(g)(4) of this title; and'.
Subtitle D--Weapons of Mass Destruction Prohibition Improvement Act of 2004 SEC. 2051. SHORT TITLE.
This subtitle may be cited as the `Weapons of Mass Destruction Prohibition Improvement Act of 2004'.
SEC. 2052. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope- Section 2332a of title 18, United States Code, is amended--
(1) so that paragraph (2) of subsection (a) reads as follows:
`(2) against any person or property within the United States, and
`(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
`(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
`(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or
`(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;';
(2) in paragraph (3) of subsection (a), by striking the comma at the end and inserting `; or';
(3) in subsection (a), by adding the following at the end:
`(4) against any property within the United States that is owned, leased, or used by a foreign government,';
(4) at the end of subsection (c)(1), by striking `and';
(5) in subsection (c)(2), by striking the period at the end and inserting `; and'; and
(6) in subsection (c), by adding at the end the following:
`(3) the term `property' includes all real and personal property.'.
(b) Restoration of the Coverage of Chemical Weapons- Section 2332a of title 18, United States Code, as amended by subsection (a), is further amended--
(1) in the section heading, by striking `certain';
(2) in subsection (a), by striking `(other than a chemical weapon as that term is defined in section 229F)'; and
(3) in subsection (b), by striking `(other than a chemical weapon (as that term is defined in section 229F))'.
(c) Expansion of Categories of Restricted Persons Subject to Prohibitions Relating to Select Agents- Section 175b(d)(2) of title 18, United States Code, is amended--
(1) in subparagraph (G) by--
(A) inserting `(i)' after `(G)';
(B) inserting `, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph' after `terrorism'; and
(C) striking `or' after the semicolon.
(2) in subparagraph (H) by striking the period and inserting `; or'; and
(3) by adding at the end the following new subparagraph:
`(I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).'.
(d) Conforming Amendment to Regulations-
(1) Section 175b(a)(1) of title 18, United States Code, is amended by striking `as a select agent in Appendix A' and all that follows and inserting the following: `as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations.'.
(2) The amendment made by paragraph (1) shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective.
(e) ENHANCING PROSECUTION OF WEAPONS OF MASS DESTRUCTION OFFENSES- Section 1961(1)(B) of title 18, United States Code, is amended by adding at the end the following: `sections 175-178 (relating to biological weapons), sections 229-229F (relating to chemical weapons), section 831 (relating to nuclear materials),'.
SEC. 2053. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION THREATS TO THE UNITED STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) is amended by striking `in the production of any special nuclear material' and inserting `or participate in the development or production of any special nuclear material or atomic weapon'.
(b) Title 18, United States Code, is amended--
(1) in the table of sections at the beginning of chapter 39, by inserting after the item relating to section 831 the following:
`832. Participation in nuclear and weapons of mass destruction threats to the United States.';
(2) by inserting after section 831 the following:
`Sec. 832. Participation in nuclear and weapons of mass destruction threats to the United States
`(a) Whoever, within the United States or subject to the jurisdiction of the United States, willfully participates in or provides material support or resources (as defined in section 2339A) to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.
`(b) There is extraterritorial Federal jurisdiction over an offense under this section.
`(c) Whoever without lawful authority develops, possesses, or attempts or conspires to develop or possess a radiological weapon, or threatens to use or uses a radiological weapon against any person within the United States, or a national of the United States while such national is outside the United States or against any property that is owned, leased, funded or used by the United States, whether that property is within or outside the United States, shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.
`(d) As used in this section--
`(1) `nuclear weapons program' means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons;
`(2) `weapons of mass destruction program' means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));
`(3) `foreign terrorist power' means a terrorist organization designated under section 219 of the Immigration and Nationality Act, or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and
`(4) `nuclear weapon' means any weapon that contains or uses nuclear material as defined in section 831(f)(1).'; and
(3) in section 2332b(g)(5)(B)(i), by inserting after `nuclear materials),' the following: `832 (relating to participation in nuclear and weapons of mass destruction threats to the United States)'.
Subtitle E--Money Laundering and Terrorist Financing CHAPTER 1--FUNDING TO COMBAT FINANCIAL CRIMES INCLUDING TERRORIST FINANCING
SEC. 2101. ADDITIONAL AUTHORIZATION FOR FINCEN.
Subsection (d) of section 310 of title 31, United States Code, is amended--
(1) by striking `APPROPRIATIONS- There are authorized' and inserting `APPROPRIATIONS-
`(1) IN GENERAL- There are authorized'; and
(2) by adding at the end the following new paragraph:
`(2) AUTHORIZATION FOR FUNDING KEY TECHNOLOGICAL IMPROVEMENTS IN MISSION-CRITICAL FINCEN SYSTEMS- There are authorized to be appropriated for fiscal year 2005 the following amounts, which are authorized to remain available until expended:
`(A) BSA DIRECT- For technological improvements to provide authorized law enforcement and financial regulatory agencies with Web-based access to FinCEN data, to fully develop and implement the highly secure network required under section 362 of Public Law 107-56 to expedite the filing of, and reduce the filing costs for, financial institution reports, including suspicious activity reports, collected by FinCEN under chapter 53 and related provisions of law, and enable FinCEN to immediately alert financial institutions about suspicious activities that warrant immediate and enhanced scrutiny, and to provide and upgrade advanced information-sharing technologies to materially improve the Government's ability to exploit the information in the FinCEN databanks, $16,500,000.
`(B) ADVANCED ANALYTICAL TECHNOLOGIES- To provide advanced analytical tools needed to ensure that the data collected by FinCEN under chapter 53 and related provisions of law are utilized fully and appropriately in safeguarding financial institutions and supporting the war on terrorism, $5,000,000.
`(C) DATA NETWORKING MODERNIZATION- To improve the telecommunications infrastructure to support the improved capabilities of the FinCEN systems, $3,000,000.
`(D) ENHANCED COMPLIANCE CAPABILITY- To improve the effectiveness of the Office of Compliance in FinCEN, $3,000,000.
`(E) DETECTION AND PREVENTION OF FINANCIAL CRIMES AND TERRORISM- To provide development of, and training in the use of, technology to detect and prevent financial crimes and terrorism within and without the United States, $8,000,000.'.
SEC. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY REAUTHORIZATION.
(a) PROGRAM- Section 5341(a)(2) of title 31, United States Code, is amended by striking `and 2003,' and inserting `2003, and 2005,'.
(b) REAUTHORIZATION OF APPROPRIATIONS- Section 5355 of title 31, United States Code, is amended by adding at the end the following:
`2004
$15,000,000.
`2005
$15,000,000.'.
CHAPTER 2--ENFORCEMENT TOOLS TO COMBAT FINANCIAL CRIMES INCLUDING TERRORIST FINANCING
Subchapter A--Money laundering abatement and financial antiterrorism technical corrections
SEC. 2111. SHORT TITLE.
This subchapter may be cited as the `Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004'.
SEC. 2112. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56.
(a) The heading of title III of Public Law 107-56 is amended to read as follows:
`TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF 2001'. (b) The table of contents of Public Law 107-56 is amended by striking the item relating to title III and inserting the following new item:
`TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF 2001'.
(c) Section 302 of Public Law 107-56 is amended--
(1) in subsection (a)(4), by striking the comma after `movement of criminal funds';
(2) in subsection (b)(7), by inserting `or types of accounts' after `classes of international transactions'; and
(3) in subsection (b)(10), by striking `subchapters II and III' and inserting `subchapter II'.
(d) Section 303(a) of Public Law 107-56 is amended by striking `Anti-Terrorist Financing Act' and inserting `Financial Antiterrorism Act'.
(e) The heading for section 311 of Public Law 107-56 is amended by striking `or international transactions' and inserting `international transactions, or types of accounts'.
(f) Section 314 of Public Law 107-56 is amended--
(1) in paragraph (1)--
(A) by inserting a comma after `organizations engaged in'; and
(B) by inserting a comma after `credible evidence of engaging in';
(2) in paragraph (2)(A)--
(A) by striking `and' after `nongovernmental organizations,'; and
(B) by inserting a comma after `unwittingly involved in such finances';
(3) in paragraph (3)(A)--
(A) by striking `to monitor accounts of' and inserting `monitor accounts of,'; and
(B) by striking the comma after `organizations identified'; and
(4) in paragraph (3)(B), by inserting `financial' after `size, and nature of the'.
(g) Section 321 of Public Law 107-56 is amended by striking `5312(2)' and inserting `5312(a)(2)'.
(h) Section 325 of Public Law 107-56 is amended by striking `as amended by section 202 of this title,' and inserting `as amended by section 352,'.
(i) Subsections (a)(2) and (b)(2) of section 327 of Public Law 107-56 are each amended by inserting a period after `December 31, 2001' and striking all that follows through the period at the end of each such subsection.
(j) Section 356(c)(4) of Public Law 107-56 is amended by striking `or business or other grantor trust' and inserting `, business trust, or other grantor trust'.
(k) Section 358(e) of Public Law 107-56 is amended--
(1) by striking `Section 123(a)' and inserting `That portion of section 123(a)';
(2) by striking `is amended to read' and inserting `that precedes paragraph (1) of such section is amended to read'; and
(3) by striking `.'.' at the end of such section and inserting `--'.
(l) Section 360 of Public Law 107-56 is amended--
(1) in subsection (a), by inserting `the' after `utilization of the funds of'; and
(2) in subsection (b), by striking `at such institutions' and inserting `at such institution'.
(m) Section 362(a)(1) of Public Law 107-56 is amended by striking `subchapter II or III' and inserting `subchapter II'.
(n) Section 365 of Public Law 107--56 is amended --
(1) by redesignating the 2nd of the 2 subsections designated as subsection (c) (relating to a clerical amendment) as subsection (d); and
(2) by redesignating subsection (f) as subsection (e).
(o) Section 365(d) of Public Law 107-56 (as so redesignated by subsection (n) of this section) is amended by striking `section 5332 (as added by section 112 of this title)' and inserting `section 5330'.
SEC. 2113. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
(a) Section 310(c) of title 31, United States Code, is amended by striking `the Network' each place such term appears and inserting `FinCEN'.
(b) Section 5312(a)(3)(C) of title 31, United States Code, is amended by striking `sections 5333 and 5316' and inserting `sections 5316 and 5331'.
(c) Section 5318(i) of title 31, United States Code, is amended--
(1) in paragraph (3)(B), by inserting a comma after `foreign political figure' the 2nd place such term appears; and
(2) in the heading of paragraph (4), by striking `DEFINITION' and inserting `DEFINITIONS'.
(d) Section 5318(k)(1)(B) of title 31, United States Code, is amended by striking `section 5318A(f)(1)(B)' and inserting `section 5318A(e)(1)(B)'.
(e) The heading for section 5318A of title 31, United States Code, is amended to read as follows:
`Sec. 5318A. Special measures for jurisdictions, financial institutions, international transactions, or types of accounts of primary money laundering concern'.
(f) Section 5318A of title 31, United States Code, is amended--
(1) in subsection (a)(4)(A), by striking `, as defined in section 3 of the Federal Deposit Insurance Act,' and inserting ` (as defined in section 3 of the Federal Deposit Insurance Act)';
(2) in subsection (a)(4)(B)(iii), by striking `or class of transactions' and inserting `class of transactions, or type of account';
(3) in subsection (b)(1)(A), by striking `or class of transactions to be' and inserting `class of transactions, or type of account to be'; and
(4) in subsection (e)(3), by inserting `or subsection (i) or (j) of section 5318' after `identification of individuals under this section'.
(g) Section 5324(b) of title 31, United States Code, is amended by striking `5333' each place such term appears and inserting `5331'.
(h) Section 5332 of title 31, United States Code, is amended--
(1) in subsection (b)(2), by striking `, subject to subsection (d) of this section'; and
(2) in subsection (c)(1), by striking `, subject to subsection (d) of this section,'.
(i) The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by striking the item relating to section 5318A and inserting the following new item:
`5318A. Special measures for jurisdictions, financial institutions, international transactions, or types of accounts of primary money laundering concern.'.
(j) Section 18(w)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1828(w)(3)) is amended by inserting a comma after `agent of such institution'.
(k) Section 21(a)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1829b(a)(2)) is amended by striking `recognizes that' and inserting `recognizing that'.
(l) Section 626(e) of the Fair Credit Reporting Act (15 U.S.C. 1681v(e)) is amended by striking `governmental agency' and inserting `government agency'.
SEC. 2114. REPEAL OF REVIEW.
Title III of Public Law 107-56 is amended by striking section 303 (31 U.S.C. 5311 note).
SEC. 2115. EFFECTIVE DATE.
The amendments made by this subchapter to Public Law 107-56, the United States Code, the Federal Deposit Insurance Act, and any other provision of law shall take effect as if such amendments had been included in Public Law 107-56, as of the date of the enactment of such Public Law, and no amendment made by such Public Law that is inconsistent with an amendment made by this subchapter shall be deemed to have taken effect.
Subchapter B--Additional enforcement tools
SEC. 2121. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING.
(a) PRODUCTION OF DOCUMENTS- Section 5114(a) of title 31, United States Code (relating to engraving and printing currency and security documents), is amended--
(1) by striking `(a) The Secretary of the Treasury' and inserting:
`(a) AUTHORITY TO ENGRAVE AND PRINT-
`(1) IN GENERAL- The Secretary of the Treasury'; and
(2) by adding at the end the following new paragraphs:
`(2) ENGRAVING AND PRINTING FOR OTHER GOVERNMENTS- The Secretary of the Treasury may produce currency, postage stamps, and other security documents for foreign governments if--
`(A) the Secretary of the Treasury determines that such production will not interfere with engraving and printing needs of the United States; and
`(B) the Secretary of State determines that such production would be consistent with the foreign policy of the United States.
`(3) PROCUREMENT GUIDELINES- Articles, material, and supplies procured for use in the production of currency, postage stamps, and other security documents for foreign governments pursuant to paragraph (2) shall be treated in the same manner as articles, material, and supplies procured for public use within the United States for purposes of title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as the Buy American Act).'.
(b) REIMBURSEMENT- Section 5143 of title 31, United States Code (relating to payment for services of the Bureau of Engraving and Printing), is amended--
(1) in the first sentence, by inserting `or to a foreign government under section 5114' after `agency';
(2) in the second sentence, by inserting `and other' after `including administrative'; and
(3) in the last sentence, by inserting `, and the Secretary shall take such action, in coordination with the Secretary of State, as may be appropriate to ensure prompt payment by a foreign government of any invoice or statement of account submitted by the Secretary with respect to services rendered under section 5114' before the period at the end.
SEC. 2122. CONDUCT IN AID OF COUNTERFEITING.
(a) IN GENERAL- Section 474(a) of title 18, United States Code, is amended by inserting after the paragraph beginning `Whoever has in his control, custody, or possession any plate' the following:
` Whoever, with intent to defraud, has in his custody, control, or possession any material that can be used to make, alter, forge or counterfeit any obligations and other securities of the United States or any part of such securities and obligations, except under the authority of the Secretary of the Treasury; or'.
(b) FOREIGN OBLIGATIONS AND SECURITIES- Section 481 of title 18, United States Code, is amended by inserting after the paragraph beginning `Whoever, with intent to defraud' the following:
` Whoever, with intent to defraud, has in his custody, control, or possession any material that can be used to make, alter, forge or counterfeit any obligation or other security of any foreign government, bank or corporation; or'.
(c) COUNTERFEIT ACTS- Section 470 of title 18, United States Code, is amended by striking `or 474' and inserting `474, or 474A'.
(d) MATERIALS USED IN COUNTERFEITING- Section 474A(b) of title 18, United States Code, is amended by striking `any essentially identical' and inserting `any thing or material made after or in the similitude of any'.
SEC. 2123. REPORTING OF CROSS-BORDER TRANSMITTAL OF FUNDS.
Section 5318 of title 31, United States Code, is amended by adding at the end the following new subsection:
`(n) Reporting of Cross-Border Transmittal of Funds-
`(1) IN GENERAL- Subject to paragraph (3), the Secretary shall prescribe regulations requiring such financial institutions as the Secretary determines to be appropriate to report to the Financial Crimes Enforcement Network certain cross-border electronic transmittals of funds relevant to efforts of the Secretary against money laundering and terrorist financing.
`(2) FORM AND MANNER OF REPORTS- In prescribing the regulations required under paragraph (1), the Secretary shall determine the appropriate form, manner, content and frequency of filing of the required reports.
`(3) FEASIBILITY REPORT- Before prescribing the regulations required under paragraph (1), and as soon as is practicable after the date of enactment of the 9/11 Recommendations Implementation Act, the Secretary shall delegate to the Bank Secrecy Act Advisory Group established by the Secretary the task of producing a report for the Secretary and the Congress that--
`(A) identifies the information in cross-border electronic transmittals of funds that is relevant to efforts against money laundering and terrorist financing;
`(B) makes recommendations regarding the appropriate form, manner, content and frequency of filing of the required reports; and
`(C) identifies the technology necessary for the Financial Crimes Enforcement Network to receive, keep, exploit and disseminate information from reports of cross-border electronic transmittals of funds to law enforcement and other entities engaged in efforts against money laundering and terrorist financing.
The report shall be submitted to the Secretary and the Congress no later than the end of the 1-year period beginning on the date of enactment of such Act.
`(4) REGULATIONS-
`(A) IN GENERAL- Subject to subparagraph (B), the regulations required by paragraph (1) shall be prescribed in final form by the Secretary, in consultation with the Board of Governors of the Federal Reserve System, before the end of the 3-year period beginning on the date of the enactment of the 9/11 Recommendations Implementation Act.
`(B) TECHNOLOGICAL FEASIBILITY- No regulations shall be prescribed under this subsection before the Secretary certifies to the Congress that the Financial Crimes Enforcement Network has the technological systems in place to effectively and efficiently receive, keep, exploit, and disseminate information from reports of cross-border electronic transmittals of funds to law enforcement and other entities engaged in efforts against money laundering and terrorist financing.
`(5) RECORDKEEPING- No financial institution required to submit reports on certain cross-border electronic transmittals of funds to the Financial Crimes Enforcement Network under this subsection shall be subject to the recordkeeping requirement under section 21(b)(3) of the Federal Deposit Insurance Act with respect to such transmittals of funds.'.
SEC. 2124. ENHANCED EFFECTIVENESS OF EXAMINATIONS, INCLUDING ANTI-MONEY LAUNDERING PROGRAMS.
(a) DEPOSITORY INSTITUTIONS AND DEPOSITORY INSTITUTION HOLDING COMPANIES- Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is amended by adding at the end the following new subsection:
`(k) POST-EMPLOYMENT LIMITATIONS ON LEADING BANK EXAMINERS-
`(1) IN GENERAL- In the case of any person who--
`(A) was an officer or employee (including any special Government employee) of a Federal banking agency or a Federal reserve bank; and
`(B) served 2 or more months during the final 18 months of such person's employment with such agency or entity as the examiner-in-charge (or a functionally equivalent position) of a depository institution or depository institution holding company with dedicated, overall, continuous, and ongoing responsibility for the examination (or inspection) and supervision of that depository institution or depository institution holding company,
such person may not hold any office, position, or employment at any such depository institution or depository institution holding company, become a controlling shareholder in, a consultant for, a joint-venture partner with, or an independent contractor for (including as attorney, appraiser, or accountant) any such depository institution or holding company, or any other company that controls such depository institution, or otherwise participate in the conduct of the affairs of any such depository institution or holding company, during the 1-year period beginning on the date such person ceases to be an officer or employee (including any special Government employee) of the Federal banking agency or Federal reserve bank.
`(2) VIOLATORS SUBJECT TO INDUSTRY-WIDE PROHIBITION ORDERS-
`(A) IN GENERAL- In addition to any other penalty which may apply, whenever a Federal banking agency determines that a person subject to paragraph (1) has violated the prohibition in such paragraph by becoming associated with any insured depository institution, depository institution holding company, or other company for which such agency serves as the appropriate Federal banking agency, the agency shall serve a written notice or order, in accordance with and subject to the provisions of section 8(e)(4) for written notices or orders under paragraphs (1) or (2) of section 8(e), upon such person of the agency's intention to--
`(i) remove such person from office in any capacity described in paragraph (1) for a period of 5 years; and
`(ii) prohibit any further participation by such person, in any manner, in the conduct of the affairs of any insured depository institution, depository institution holding company, or other company that controls an insured depository institution for a period of 5 years.
`(B) SCOPE OF PROHIBITION ORDER- Any person subject to an order issued under this subsection shall be subject to paragraphs (6) and (7) of section 8(e) in the same manner and to the same extent as a person subject to an order issued under such section and subsections (i) and (j) of section 8 and any other provision of this Act applicable to orders issued under subsection (e) shall apply with respect to such order.
`(3) REGULATIONS-
`(A) IN GENERAL- The Federal banking agencies shall prescribe regulations to implement this subsection, to determine which persons are referred to in paragraph (1)(B) taking into account--
`(i) the manner in which examiners and other persons who participate in the regulation, examination, or monitoring of depository institutions or depository institution holding companies are distributed among such institutions or companies by such agency, including the number of examiners and other persons assigned to each institution or holding company, the depth and structure of any group so assigned within such distribution, and the factors giving rise to that distribution;
`(ii) the number of institutions or companies each such examiner or other person is so involved with in any given period of assignment;
`(iii) the period of time for which each such examiner or other person is assigned to an institution or company, or a group of institutions or companies, before reassignment;
`(iv) the size of the institutions or holding companies for which each such person is responsible and the amount of time devoted to each such institution or holding company during each examination period; and
`(v) such other factors as the agency determines to be appropriate.
`(B) DETERMINATION OF APPLICABILITY- The regulations prescribed or orders issued under this subparagraph by an appropriate Federal banking agency shall include a process, initiated by application or otherwise, for determining whether any person who ceases to be, or intends to cease to be, an examiner of insured depository institutions or depository institution holding companies for or on behalf of such agency is subject to the limitations of this subsection with respect to any particular insured depository institution or depository institution holding company.
`(C) CONSULTATION- The Federal banking agencies shall consult with each other for the purpose of assuring that the rules and regulations issued by the agencies under subparagraph (A) are, to the extent possible, consistent, comparable, and practicable, taking into account any differences in the supervisory programs utilized by the agencies for the supervision of depository institutions and depository institution holding companies.
`(4) WAIVER- A Federal banking agency may waive, on a case-by-case basis, the restrictions imposed by this subsection if--
`(A) the head of the agency certifies in writing that the grant of such waiver would not be inconsistent with the public interest; and
`(B) the waiver is provided in advance before the person becomes affiliated in any way with the depository institution, depository institution holding company, or other company.
`(5) DEFINITIONS AND RULES OF CONSTRUCTION- For purposes of this subsection, the following definitions and rules shall apply:
`(A) DEPOSITORY INSTITUTION- The term `depository institution' includes an uninsured branch or agency of a foreign bank if such branch or agency is located in any State.
`(B) DEPOSITORY INSTITUTION HOLDING COMPANY- The term `depository institution holding company' includes any foreign bank or company described in section 8(a) of the International Banking Act of 1978.
`(C) HEAD OF THE AGENCY- The term `the head of the agency' means--
`(i) the Comptroller of the Currency, in the case of the Office of the Comptroller of the Currency;
`(ii) the Chairman of the Board of Governors of the Federal Reserve System, in the case of the Board of Governors of the Federal Reserve System;
`(iii) the Chairperson of the Board of Directors, in the case of the Federal Deposit Insurance Corporation; and
`(iv) the Director, in the case of the Office of Thrift Supervision.
`(D) RULE OF CONSTRUCTION FOR CONSULTANTS AND INDEPENDENT CONTRACTORS- A person shall be deemed to act as a consultant or independent contractor (including as an attorney, appraiser, or accountant) for a depository institution, depository holding company, or other company only if such person directly works on matters for, or on behalf of, such depository institution, depository holding company, or other company.
`(E) APPROPRIATE AGENCY FOR CERTAIN OTHER COMPANIES- The term `appropriate Federal banking agency' means, with respect to a company that is not a depository institution or depository institution holding company, the Federal banking agency on whose behalf the person described in paragraph (1) performed the functions described in paragraph (1)(B), as implemented by regulations prescribed under paragraph (3).'.
(b) Credit Unions- Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended by adding at the end the following new subsection:
`(w) Post-Employment Limitations on Examiners-
`(1) REGULATIONS REQUIRED- The Board shall consult with the Federal banking agencies and prescribe regulations imposing the same limitations on persons employed by or on behalf of the Board as leading examiners of, or functionally equivalent positions with respect to, credit unions as are applicable under section 10(k) of the Federal Deposit Insurance Act, taking into account all the requirements and factors described in paragraphs (3) and (4) of such section.
`(2) ENFORCEMENT- The Board shall issue orders under subsection (g) with respect to any person who violates any regulation prescribed pursuant to paragraph (1) to--
`(A) remove such person from office in any capacity with respect to a credit union; and
`(B) prohibit any further participation by such person, in any manner, in the conduct of the affairs of any credit union for a period of 5 years.
`(3) SCOPE OF PROHIBITION ORDER- Any person subject to an order issued under this subsection shall be subject to paragraphs (5) and (7) of subsection (g) in the same manner and to the same extent as a person subject to an order issued under such subsection and subsection (l) and any other provision of this Act applicable to orders issued under subsection (g) shall apply with respect to such order.'.
(c) Study of Examiner Hiring and Retention-
(1) STUDY REQUIRED- The Board of Directors of the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Board of Governors of the Federal Reserve System, and the National Credit Union Administration Board, acting through the Financial Institutions Examination Council, shall conduct a study of efforts and proposals for--
(A) retaining the services of experienced and highly qualified examiners and supervisors already employed by such agencies; and
(B) continuing to attract such examiners and supervisors on an-ongoing basis to the extent necessary to fulfill the agencies' obligations to maintain the safety and soundness of the Nation's depository institutions.
(2) REPORT- Before the end of the 1-year period beginning on the date of the enactment of this Act, the agencies conducting the study under paragraph (1) shall submit a report containing the findings and conclusions of such agencies with respect to such study, together with such recommendations for administrative or legislative changes as the agencies determine to be appropriate.
Subtitle F--Criminal History Background Checks SEC. 2141. SHORT TITLE.
This subtitle may be cited as the `Criminal History Access Means Protection of Infrastructures and Our Nation Act'.
SEC. 2142. CRIMINAL HISTORY BACKGROUND CHECKS.
(a) In General- Section 534 of title 28, United States Code, is amended by adding at the end the following:
`(f)(1) Under rules prescribed by the Attorney General, the Attorney General shall, within 60 days after the date of enactment, initiate a 180-day pilot program to establish and maintain a system for providing to an employer criminal history information that--
`(A) is in the possession of the Attorney General; and
`(B) is requested by an employer as part of an employee criminal history investigation that has been authorized by the State where the employee works or where the employer has their principal place of business;
in order to ensure that a prospective employee is suitable for certain employment positions.
`(2) The Attorney General shall require that an employer seeking criminal history information of an employee request such information and submit fingerprints or other biometric identifiers as approved by the Attorney General to provide a positive and reliable identification of such prospective employee.
`(3) The Director of the Federal Bureau of Investigation may require an employer to pay a reasonable fee for such information.
`(4) Upon receipt of fingerprints or other biometric identifiers, the Attorney General shall conduct an Integrated Fingerprint Identification System of the Federal Bureau of Investigation (IAFIS) check and provide the results of such check to the requester.
`(5) As used in this subsection,
`(A) the term `criminal history information' and `criminal history records' includes--
`(i) an identifying description of the individual to whom it pertains;
`(ii) notations of arrests, detentions, indictments, or other formal criminal charges pertaining to such individual; and
`(iii) any disposition to a notation revealed in subparagraph (B), including acquittal, sentencing, correctional supervision, or release.
`(B) the term `Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (IAFIS)' means the national depository for fingerprint, biometric, and criminal history information, through which fingerprints are processed electronically.
`(6) Nothing in this subsection shall preclude the Attorney General from authorizing or requiring criminal history record checks on individuals employed or seeking employment in positions vital to the Nation's critical infrastructure or key resources as those terms are defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)) and section 2(9) of the Homeland Security Act of 2002 (6 U.S.C. 101(9)), if pursuant to a law or Executive order.'.
(b) Report to Congress-
(1) IN GENERAL- Not later than 60 days after the conclusion of the pilot program, the Attorney General shall report to the appropriate committees of Congress regarding all statutory requirements for criminal history record checks that are required to be conducted by the Department of Justice or any of its components.
(2) IDENTIFICATION OF INFORMATION- The Attorney General shall identify the number of records requested, including the type of information requested, usage of different terms and definitions regarding criminal history information, and the variation in fees charged for such information and who pays such fees.
(3) RECOMMENDATIONS- The Attorney General shall make recommendations for consolidating the existing procedures into a unified procedure consistent with that provided in section 534(f) of title 28, United States Code, as amended by this subtitle. In making the recommendations to Congress, the Attorney General shall consider--
(A) the effectiveness of utilizing commercially available databases as a supplement to IAFIS criminal history information checks;
(B) the effectiveness of utilizing State databases as a supplement to IAFIS criminal history information checks;
(C) any feasibility studies by the Department of Justice of the FBI's resources and structure to establish a system to provide criminal history information; and
(D) privacy rights and other employee protections to include employee consent, access to the records used if employment was denied, an appeal mechanism, and penalties for misuse of the information.
SEC. 2143. PROTECT ACT.
Public law 108-21 is amended--
(1) in section 108(a)(2)(A) by striking `an 18 month' and inserting `a 30-month'; and
(2) in section 108(a)(3)(A) by striking `an 18-month' and inserting `a 30-month'.
SEC. 2144. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY OFFICER EMPLOYMENT.
(a) SHORT TITLE- This section may be cited as the `Private Security Officer Employment Authorization Act of 2004'.
(b) FINDINGS- Congress finds that--
(1) employment of private security officers in the United States is growing rapidly;
(2) private security officers function as an adjunct to, but not a replacement for, public law enforcement by helping to reduce and prevent crime;
(3) such private security officers protect individuals, property, and proprietary information, and provide protection to such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power plants, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities, and others;
(4) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires cooperation between public and private sectors and demands professional, reliable, and responsible security officers for the protection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security services has accelerated rapidly;
(7) such growth makes available more public sector law enforcement officers to combat serious and violent crimes, including terrorism;
(8) the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to sworn law enforcement officers; and
(9) private security officers and applicants for private security officer positions should be thoroughly screen and trained.
(c) DEFINITIONS- In this Act:
(1) EMPLOYEE- The term `employee' includes both a current employee and an applicant for employment as a private security officer.
(2) AUTHORIZED EMPLOYER- The term `authorized employer' means any person that--
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the Attorney General to request a criminal history record information search of an employee through a State identification bureau pursuant to this section.
(3) PRIVATE SECURITY OFFICER- The term `private security officer'--
(A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is to perform security services, full- or part-time, for consideration, whether armed or unarmed and in uniform or plain clothes (except for services excluded from coverage under this Act if the Attorney General determines by regulation that such exclusion would serve the public interest); but
(B) does not include--
(i) employees whose duties are primarily internal audit or credit functions;
(ii) employees of electronic security system companies acting as technicians or monitors; or
(iii) employees whose duties primarily involve the secure movement of prisoners.
(4) SECURITY SERVICES- The term `security services' means acts to protect people or property as defined by regulations promulgated by the Attorney General.
(5) STATE IDENTIFICATION BUREAU- The term `State identification bureau' means the State entity designated by the Attorney General for the submission and receipt of criminal history record information.
(d) CRIMINAL HISTORY RECORD INFORMATION SEARCH-
(1) IN GENERAL-
(A) SUBMISSION OF FINGERPRINTS- An authorized employer may submit to the State identification bureau of a participating State, fingerprints or other means of positive identification, as determined by the Attorney General, of an employee of such employer for purposes of a criminal history record information search pursuant to this Act.
(B) EMPLOYEE RIGHTS-
(i) PERMISSION- An authorized employer shall obtain written consent from an employee to submit to the State identification bureau of a participating State the request to search the criminal history record information of the employee under this Act.
(ii) ACCESS- An authorized employer shall provide to the employee confidential access to any information relating to the employee received by the authorized employer pursuant to this Act.
(C) PROVIDING INFORMATION TO THE STATE IDENTIFICATION BUREAU- Upon receipt of a request for a criminal history record information search from an authorized employer pursuant to this Act, submitted through the State identification bureau of a participating State, the Attorney General shall--
(i) search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation; and
(ii) promptly provide any resulting identification and criminal history record information to the submitting State identification bureau requesting the information.
(D) USE OF INFORMATION-
(i) IN GENERAL- Upon receipt of the criminal history record information from the Attorney General by the State identification bureau, the information shall be used only as provided in clause (ii).
(ii) TERMS- In the case of--
(I) a participating State that has no State standards for qualification to be a private security officer, the State shall notify an authorized employer as to the fact of whether an employee has been--
(aa) convicted of a felony, an offense involving dishonesty or a false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years; or
(bb) charged with a criminal felony for which there has been no resolution during the preceding 365 days; or
(II) a participating State that has State standards for qualification to be a private security officer, the State shall use the information received pursuant to this Act in applying the State standards and shall only notify the employer of the results of the application of the State standards.
(E) FREQUENCY OF REQUESTS- An authorized employer may request a criminal history record information search for an employee only once every 12 months of continuous employment by that employee unless the authorized employer has good cause to submit additional requests.
(2) REGULATIONS- Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such final or interim final regulations as may be necessary to carry out this Act, including--
(A) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, destruction of information and audits, and record keeping;
(B) standards for qualification as an authorized employer; and
(C) the imposition of reasonable fees necessary for conducting the background checks.
(3) CRIMINAL PENALTIES FOR USE OF INFORMATION- Whoever knowingly and intentionally uses any information obtained pursuant to this Act other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both.
(4) USER FEES-
(A) IN GENERAL- The Director of the Federal Bureau of Investigation may--
(i) collect fees to process background checks provided for by this Act; and
(ii) establish such fees at a level to include an additional amount to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs.
(B) LIMITATIONS- Any fee collected under this subsection--
(i) shall, consistent with Public Law 101-515 and Public Law 104-99, be credited to the appropriation to be used for salaries and other expenses incurred through providing the services described in such Public Laws and in subparagraph (A);
(ii) shall be available for expenditure only to pay the costs of such activities and services; and
(iii) shall remain available until expended.
(C) STATE COSTS- Nothing in this Act shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State of administering this Act.
(5) STATE OPT OUT- A State may decline to participate in the background check system authorized by this Act by enacting a law or issuing an order by the Governor (if consistent with State law) providing that the State is declining to participate pursuant to this subsection.
SEC. 2145. TASK FORCE ON CLEARINGHOUSE FOR IAFIS CRIMINAL HISTORY RECORDS.
Not later than 60 days after the date of enactment of this Act, the Attorney General shall establish a task force to examine the establishment of a national clearinghouse to process IAFIS criminal history record requests received directly from employers providing private security guard services with respect to critical infrastructure (as defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e))) and other private security guard services. Members of this task force shall include representatives of the Department of Justice and the Federal Bureau of Investigation, in consultation with representatives of the security guard industry. Not later than 90 days after the establishment of the task force, the Attorney General shall submit to Congress a report outlining how the national clearinghouse shall be established, and specifying a date certain (within one year of the enactment of this Act) by which the national clearinghouse will begin operations.
SEC. 2146. CLARIFICATION OF PURPOSE.
The clearinghouse described in section 2145 shall only process criminal history record requests pertaining to employees or prospective employees of the private security guard service making the request pursuant to that section.
Subtitle G--Protection of United States Aviation System From Terrorist Attacks SEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.
(a) Use of Biometric Technology- Section 44903(h) of title 49, United States Code, is amended--
(1) in paragraph (4)(E) by striking `may provide for' and inserting `shall issue, not later than 120 days after the date of enactment of paragraph (5), guidance for'; and
(2) by adding at the end the following:
`(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS CONTROL SYSTEMS- In issuing guidance under paragraph (4)(E), the Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with the Attorney General, representatives of the aviation industry, the biometrics industry, and the National Institute of Standards and Technology, shall establish, at a minimum--
`(A) comprehensive technical and operational system requirements and performance standards for the use of biometrics in airport access control systems (including airport perimeter access control systems) to ensure that the biometric systems are effective, reliable, and secure;
`(B) a list of products and vendors that meet such requirements and standards;
`(C) procedures for implementing biometric systems--
`(i) to ensure that individuals do not use an assumed identity to enroll in a biometric system; and
`(ii) to resolve failures to enroll, false matches, and false non-matches; and
`(D) best practices for incorporating biometric technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports.
`(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW ENFORCEMENT OFFICER TRAVEL-
`(A) IN GENERAL- Not later than 120 days after the date of enactment of this paragraph, the Assistant Secretary in consultation with the Attorney General shall--
`(i) establish a law enforcement officer travel credential that incorporates biometrics and is uniform across all Federal, State, and local government law enforcement agencies;
`(ii) establish a process by which the travel credential will be used to verify the identity of a Federal, State, or local government law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer;
`(iii) establish procedures--
`(I) to ensure that only Federal, State, and local government law enforcement officers are issued the travel credential;
`(II) to resolve failures to enroll, false matches, and false non-matches relating to use of the travel credential; and
`(III) to invalidate any travel credential that is lost, stolen, or no longer authorized for use;
`(iv) begin issuance of the travel credential to each Federal, State, and local government law enforcement officer authorized by the Assistant Secretary to carry a weapon on board an aircraft; and
`(v) take such other actions with respect to the travel credential as the Secretary considers appropriate.
`(B) FUNDING- There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
`(7) DEFINITIONS- In this subsection, the following definitions apply:
`(A) BIOMETRIC INFORMATION- The term `biometric information' means the distinct physical or behavioral characteristics that are used for identification, or verification of the identity, of an individual.
`(B) BIOMETRICS- The term `biometrics' means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information.
`(C) FAILURE TO ENROLL- The term `failure to enroll' means the inability of an individual to enroll in a biometric system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric information, or other factors.
`(D) FALSE MATCH- The term `false match' means the incorrect matching of one individual's biometric information to another individual's biometric information by a biometric system.
`(E) FALSE NON-MATCH- The term `false non-match' means the rejection of a valid identity by a biometric system.
`(F) SECURE AREA OF AN AIRPORT- The term `secure area of an airport' means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).'.
(b) Funding for Use of Biometric Technology in Airport Access Control Systems-
(1) GRANT AUTHORITY- Section 44923(a) of title 49, United States Code, is amended--
(A) by striking `and' at the end of paragraph (3);
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
`(4) for projects to implement biometric technologies in accordance with guidance issued under section 44903(h)(4)(E); and'.
(2) AUTHORIZATION OF APPROPRIATIONS- Section 44923(i)(1) of such title is amended by striking `$250,000,000 for each of fiscal years 2004 through 2007' and inserting `$250,000,000 for fiscal year 2004, $345,000,000 for fiscal year 2005, and $250,000,000 for each of fiscal years 2006 and 2007'.
SEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLANNING.
Section 44904 of title 49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
`(c) Transportation Security Strategic Planning-
`(1) IN GENERAL- The Secretary of Homeland Security shall prepare and update, as needed, a transportation sector specific plan and transportation modal security plans in accordance with this section.
`(2) CONTENTS- At a minimum, the modal security plan for aviation prepared under paragraph (1) shall--
`(A) set risk-based priorities for defending aviation assets;
`(B) select the most practical and cost-effective methods for defending aviation assets;
`(C) assign roles and missions to Federal, State, regional, and local authorities and to stakeholders;
`(D) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and
`(E) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat.
`(3) REPORTS- Not later than 180 days after the date of enactment of the subsection and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the plans prepared under paragraph (1), including any updates to the plans. The report may be submitted in a classified format.
`(d) Operational Criteria- Not later than 90 days after the date of submission of the report under subsection (c)(3), the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue operational criteria to protect airport infrastructure and operations against the threats identified in the plans prepared under subsection (c)(1) and shall approve best practices guidelines for airport assets.'.
SEC. 2173. NEXT GENERATION AIRLINE PASSENGER PRESCREENING.
(a) In General- Section 44903(j)(2) of title 49, United States Code, is amended by adding at the end the following:
`(C) NEXT GENERATION AIRLINE PASSENGER PRESCREENING-
`(i) COMMENCEMENT OF TESTING- Not later than November 1, 2004, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary, shall commence testing of a next generation passenger prescreening system that will allow the Department of Homeland Security to assume the performance of comparing passenger name records to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government.
`(ii) ASSUMPTION OF FUNCTION- Not later than 180 days after completion of testing under clause (i), the Assistant Secretary, or the designee of the Assistant Secretary, shall assume the performance of the passenger prescreening function of comparing passenger name records to the automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that function.
`(iii) REQUIREMENTS- In assuming performance of the function under clause (i), the Assistant Secretary shall--
`(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the next generation passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system;
`(II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives;
`(III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;
`(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;
`(V) implement substantial security measures to protect the system from unauthorized access;
`(VI) adopt policies establishing effective oversight of the use and operation of the system; and
`(VII) ensure that there are no specific privacy concerns with the technological architecture of the system.
`(iv) PASSENGER NAME RECORDS- Not later than 60 days after the completion of the testing of the next generation passenger prescreening system, the Assistant Secretary shall require air carriers to supply to the Assistant Secretary the passenger name records needed to begin implementing the next generation passenger prescreening system.
`(D) PRESCREENING INTERNATIONAL PASSENGERS- Not later than 60 days after date of enactment of this subparagraph, the Secretary of Homeland Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow the Department of Homeland Security to compare passenger name records for any international flight to or from the United States against the consolidated and integrated terrorist watchlist maintained by the Federal Government before departure of the flight.
`(E) SCREENING OF EMPLOYEES AGAINST WATCHLIST- The Assistant Secretary of Homeland Security (Transportation Security Administration), in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government before--
`(i) being certificated by the Federal Aviation Administration;
`(ii) being issued a credential for access to the secure area of an airport; or
`(iii) being issued a credential for access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport.
`(F) APPEAL PROCEDURES-
`(i) IN GENERAL- The Assistant Secretary shall establish a timely and fair process for individuals identified as a threat under one or more of subparagraphs (C), (D), and (E) to appeal to the Transportation Security Administration the determination and correct any erroneous information.
`(ii) RECORDS- The process shall include the establishment of a method by which the Assistant Secretary will be able to maintain a record of air passengers who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers, the Transportation Security Administration record shall contain information determined by the Assistant Secretary to authenticate the identity of such a passenger.
`(G) DEFINITION- In this paragraph, the term `secure area of an airport' means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).'.
(b) GAO Report-
(1) IN GENERAL- Not later than 90 days after the date on which the Assistant Secretary of Homeland Security (Transportation Security Administration) assumes performance of the passenger prescreening function under section 44903(j)(2)(C)(ii) of title 49, United States Code, the Comptroller General shall submit to the appropriate congressional committees a report on the assumption of such function. The report may be submitted in a classified format.
(2) CONTENTS- The report under paragraph (1) shall address--
(A) whether a system exists in the next generation passenger prescreening system whereby aviation passengers, determined to pose a threat and either delayed or prohibited from boarding their scheduled flights by the Transportation Security Administration, may appeal such a decision and correct erroneous information;
(B) the sufficiency of identifying information contained in passenger name records and any government databases for ensuring that a large number of false positives will not result under the next generation passenger prescreening system in a significant number of passengers being treated as a threat mistakenly or in security resources being diverted;
(C) whether the Transportation Security Administration stress tested the next generation passenger prescreening system;
(D) whether an internal oversight board has been established in the Department of Homeland Security to monitor the next generation passenger prescreening system;
(E) whether sufficient operational safeguards have been established to prevent the opportunities for abuse of the system;
(F) whether substantial security measures are in place to protect the passenger prescreening database from unauthorized access;
(G) whether policies have been adopted for the effective oversight of the use and operation of the system;
(H) whether specific privacy concerns still exist with the system; and
(I) whether appropriate life cycle cost estimates have been developed, and a benefit and cost analysis has been performed, for the system.
SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.
(a) Nonmetallic Weapons and Explosives- In order to improve security, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall give priority to developing, testing, improving, and deploying technology at screening checkpoints at airports that will detect nonmetallic weapons and explosives on the person of individuals, in their clothing, or in their carry-on baggage or personal property and shall ensure that the equipment alone, or as part of an integrated system, can detect under realistic operating conditions the types of nonmetallic weapons and explosives that terrorists would likely try to smuggle aboard an air carrier aircraft.
(b) Strategic Plan for Deployment and Use of Explosive Detection Equipment at Airport Screening Checkpoints-
(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Assistant Secretary shall transmit to the appropriate congressional committees a strategic plan to promote the optimal utilization and deployment of explosive detection devices at airports to screen individuals and their carry-on baggage or personal property, including walk-through explosive detection portals, document scanners, shoe scanners, backscatter x-ray scanners, and any other explosive detection equipment for use at a screening checkpoint. The plan may be transmitted in a classified format.
(2) CONTENTS- The strategic plan shall include descriptions of the operational applications of explosive detection equipment at airport screening checkpoints, a deployment schedule and quantities of equipment needed to implement the plan, and funding needs for implementation of the plan, including a financing plan that provides for leveraging non-Federal funding.
SEC. 2175. PILOT PROGRAM TO EVALUATE USE OF BLAST-RESISTANT CARGO AND BAGGAGE CONTAINERS.
(a) In General- Beginning not later than 180 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device.
(b) Incentives for Participation in Pilot Program-
(1) IN GENERAL- As part of the pilot program, the Assistant Secretary shall provide incentives to air carriers to volunteer to test the use of blast-resistant containers for cargo and baggage on passenger aircraft.
(2) APPLICATIONS- To volunteer to participate in the incentive program, an air carrier shall submit to the Assistant Secretary an application that is in such form and contains such information as the Assistant Secretary requires.
(3) TYPES OF ASSISTANCE- Assistance provided by the Assistant Secretary to air carriers that volunteer to participate in the pilot program shall include the use of blast-resistant containers and financial assistance to cover increased costs to the carriers associated with the use and maintenance of the containers, including increased fuel costs.
(c) Report- Not later than one year after the date of enactment of this Act, the Assistant Secretary shall submit to appropriate congressional committees a report on the results of the pilot program.
(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $2,000,000. Such sums shall remain available until expended.
SEC. 2176. AIR CARGO SCREENING TECHNOLOGY.
The Transportation Security Administration shall develop technology to better identify, track, and screen air cargo.
SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.
Section 44940 of title 49, United States Code, is amended by adding at the end the following:
`(i) Checkpoint Screening Security Fund-
`(1) ESTABLISHMENT- There is established in the Department of Homeland Security a fund to be known as the `Checkpoint Screening Security Fund'.
`(2) DEPOSITS- In each of fiscal years 2005 and 2006, after amounts are made available under section 44923(h), the next $30,000,000 derived from fees received under subsection (a)(1) shall be available to be deposited in the Fund.
`(3) FEES- The Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect at least $30,000,000 in each of fiscal years 2005 and 2006 for deposit into the Fund.
`(4) AVAILABILITY OF AMOUNTS- Amounts in the Fund shall be available for the purchase, deployment, and installation of equipment to improve the ability of security screening personnel at screening checkpoints to detect explosives.'.
SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT.
(a) Pilot Program- The Transportation Security Administration shall develop, not later than 120 days after the date of enactment of this Act, and conduct a pilot program to test, integrate, and deploy next generation security checkpoint screening technology at not less than 5 airports in the United States.
(b) Human Factor Studies- The Administration shall conduct human factors studies to improve screener performance as part of the pilot program under subsection (a).
SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT DOOR.
(a) Civil Penalty- Section 46301(a) of title 49, United States Code, is amended by adding at the end the following:
`(6) PENALTY FOR FAILURE TO SECURE FLIGHT DECK DOOR- Any person holding a part 119 certificate under part of title 14, Code of Federal Regulations, is liable to the Government for a civil penalty of not more than $25,000 for each violation, by the pilot in command of an aircraft owned or operated by such person, of any Federal regulation that requires that the flight deck door be closed and locked when the aircraft is being operated.'.
(b) Technical Corrections-
(1) COMPROMISE AND SETOFF FOR FALSE INFORMATION- Section 46302(b)(1) of such title is amended by striking `Secretary of Transportation' and inserting `Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation,'.
(2) CARRYING A WEAPON- Section 46303 of such title is amended--
(A) in subsection (b)(1) by striking `Secretary of Transportation' and inserting `Secretary of Homeland Security'; and
(B) in subsection (c)(2) by striking `Under Secretary of Transportation for Security' and inserting `Secretary of Homeland Security'.
(3) ADMINISTRATIVE IMPOSITION OF PENALTIES- Section 46301(d) of such title is amended--
(A) in the first sentence of paragraph (2) by striking `46302, 46303,' and inserting `46302 (for a violation relating to section 46504),';
(B) in the second sentence of paragraph (2)--
(i) by striking `Under Secretary of Transportation for Security' and inserting `Secretary of Homeland Security'; and
(ii) by striking `44909)' and inserting `44909), 46302 (except for a violation relating to section 46504), 46303,';
(C) in each of paragraphs (2), (3), and (4) by striking `Under Secretary or' and inserting `Secretary of Homeland Security or'; and
(D) in paragraph (4)(A) by moving clauses (i), (ii), and (iii) 2 ems to the left.
SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY.
The Director of the Federal Air Marshal Service of the Department of Homeland Security shall continue to develop operational initiatives to protect the anonymity of Federal air marshals.
SEC. 2181. FEDERAL LAW ENFORCEMENT COUNTERTERRORISM TRAINING.
(a) The Assistant Secretary for Immigration and Customs Enforcement and the Director of Federal Air Marshal Service of the Department of Homeland Security, in coordination with the Assistant Secretary of Homeland Security (Transportation Security Administration), shall make available appropriate in-flight counterterrorism and weapons handling procedures and tactics training to Federal law enforcement officers who fly while on duty.
(b) The Assistant Secretary for Immigration and Customs Enforcement and the Director of Federal Air Marshal Service of the Department of Homeland Security, in coordination with the Assistant Secretary of Homeland Security (Transportation Security Administration), shall ensure that Transportation Security Administration screeners and Federal Air Marshals receive training in identifying fraudulent identification documents, including fraudulent or expired Visas and Passports. Such training shall also be made available to other Federal law enforcement agencies and local law enforcement agencies located in border states.
SEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CARRIAGE PILOT PROGRAM.
(a) In General- Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall implement a pilot program to allow pilots participating in the Federal flight deck officer program to transport their firearms on their persons. The Assistant Secretary may prescribe any training, equipment, or procedures including procedures for reporting of missing, lost or stolen firearms, that the Assistant Secretary determines necessary to ensure safety and maximize weapon retention.
(b) Review- Not later than 1 year after the date of initiation of the pilot program, the Assistant Secretary shall conduct a review of the safety record of the pilot program and transmit a report on the results of the review to the appropriate congressional committees.
(c) Option- If the Assistant Secretary as part of the review under subsection (b) determines that the safety level obtained under the pilot program is comparable to the safety level determined under existing methods of pilots carrying firearms on aircraft, the Assistant Secretary shall allow all pilots participating in the Federal flight deck officer program the option of carrying their firearm on their person subject to such requirements as the Assistant Secretary determines appropriate.
SEC. 2183. REGISTERED TRAVELER PROGRAM.
The Transportation Security Administration shall expedite implementation of the registered traveler program.
SEC. 2184. WIRELESS COMMUNICATION.
(a) Study- The Transportation Security Administration, in consultation with the Federal Aviation Administration, shall conduct a study to determine the viability of providing devices or methods, including wireless methods, to enable a flight crew to discreetly notify the pilot in the case of a security breach or safety issue occurring in the cabin.
(b) Matters to Be Considered- In conducting the study, the Transportation Security Administration and the Federal Aviation Administration shall consider technology that is readily available and can be quickly integrated and customized for use aboard aircraft for flight crew communication.
(c) Report- Not later than 180 days after the date of enactment of this Act, the Transportation Security Administration shall submit to the appropriate congressional committees a report on the results of the study.
SEC. 2185. SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall transmit to the appropriate congressional committees a report on the costs and benefits associated with the use of secondary flight deck barriers and whether the use of such barriers should be mandated for all air carriers. The Assistant Secretary may transmit the report in a classified format.
SEC. 2186. EXTENSION.
Section 48301(a) of title 49, United States Code, is amended by striking `and 2005' and inserting `2005, and 2006'.
SEC. 2187. PERIMETER SECURITY.
(a) Report- Not later than 180 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with airport operators and law enforcement authorities, shall develop and submit to the appropriate congressional committee a report on airport perimeter security. The report may be submitted in a classified format.
(b) Contents- The report shall include--
(1) an examination of the feasibility of access control technologies and procedures, including the use of biometrics and other methods of positively identifying individuals prior to entry into secure areas of airports, and provide best practices for enhanced perimeter access control techniques; and
(2) an assessment of the feasibility of physically screening all individuals prior to entry into secure areas of an airport and additional methods for strengthening the background vetting process for all individuals credentialed to gain access to secure areas of airports.
SEC. 2188. IN-LINE CHECKED 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.
SEC. 2189. DEFINITIONS.
In this title, the following definitions apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEE- The term `appropriate congressional committees' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2) AIR CARRIER- The term `air carrier' has the meaning such term has under section 40102 of title 49, United States Code.
(3) SECURE AREA OF AN AIRPORT- The term `secure area of an airport' means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).
Subtitle H--Other Matters SEC. 2191. GRAND JURY INFORMATION SHARING.
(a) Rule Amendments- Rule 6(e) of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii), by striking `or state subdivision or of an Indian tribe' and inserting `, state subdivision, Indian tribe, or foreign government';
(B) in subparagraph (D)--
(i) by inserting after the first sentence the following: `An attorney for the government may also disclose any grand-jury matter involving a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, to any appropriate Federal, State, state subdivision, Indian tribal, or foreign government official for the purpose of preventing or responding to such a threat.'; and
(ii) in clause (i)--
(I) by striking `federal'; and
(II) by adding at the end the following: `Any State, state subdivision, Indian tribal, or foreign government official who receives information under Rule 6(e)(3)(D) may use the information only consistent with such guidelines as the Attorney General and the National Intelligence Director shall jointly issue.'; and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively;
(ii) by inserting after clause (ii) the following:
`(iii) at the request of the government, when sought by a foreign court or prosecutor for use in an official criminal investigation;'; and
(iii) in clause (iv), as redesignated--
(I) by striking `state or Indian tribal' and inserting `State, Indian tribal, or foreign'; and
(II) by striking `or Indian tribal official' and inserting `Indian tribal, or foreign government official'; and
(2) in paragraph (7), by inserting `, or of guidelines jointly issued by the Attorney General and Director of Central Intelligence pursuant to Rule 6,' after `Rule 6'.
(b) Conforming Amendment- Section 203(c) of Public Law 107-56 (18 U.S.C. 2517 note) is amended by striking `Rule 6(e)(3)(C)(i)(V) and (VI)' and inserting `Rule 6(e)(3)(D)'.
SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM.
(a) Findings- The Congress finds as follows:
(1) The interoperable electronic data system know as the `Chimera system', and required to be developed and implemented by section 202(a)(2) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)(2)), has not in any way been implemented.
(2) Little progress has been made since the enactment of such Act with regard to establishing a process to connect existing trusted systems operated independently by the respective intelligence agencies.
(3) It is advisable, therefore, to assign such responsibility to the National Intelligence Director.
(4) The National Intelligence Director should, pursuant to the amendments made by subsection (c), begin systems planning immediately upon assuming office to deliver an interim system not later than 1 year after the date of the enactment of this Act, and to deliver the fully functional Chimera system not later than September 11, 2007.
(5) Both the interim system, and the fully functional Chimera system, should be designed so that intelligence officers, Federal law enforcement agencies (as defined in section 2 of such Act (8 U.S.C. 1701)), operational counter-terror support center personnel, consular officers, and Department of Homeland Security enforcement officers have access to them.
(b) Purposes- The purposes of this section are as follows:
(1) To provide the National Intelligence Director with the necessary authority and resources to establish both an interim data system and, subsequently, a fully functional Chimera system, to collect and share intelligence and operational information with the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) To require the National Intelligence Director to establish a state-of-the-art Chimera system with both biometric identification and linguistic capabilities satisfying the best technology standards.
(3) To ensure that the National Intelligence Center will have a fully functional capability, not later than September 11, 2007, for interoperable data and intelligence exchange with the agencies of the intelligence community (as so defined).
(c) Amendments-
(1) IN GENERAL- Title II of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1721 et seq.) is amended--
(A) in section 202(a)--
(i) by amending paragraphs (1) and (2) to read as follows:
`(1) INTERIM INTEROPERABLE INTELLIGENCE DATA EXCHANGE SYSTEM- Not later than 1 year after assuming office, the National Intelligence Director shall establish an interim interoperable intelligence data exchange system that will connect the data systems operated independently by the entities in the intelligence community and by the National Counterterrorism Center, so as to permit automated data exchange among all of these entities. Immediately upon assuming office, the National Intelligence Director shall begin the plans necessary to establish such interim system.
`(2) CHIMERA SYSTEM- Not later than September 11, 2007, the National Intelligence Director shall establish a fully functional interoperable law enforcement and intelligence electronic data system within the National Counterterrorism Center to provide immediate access to information in databases of Federal law enforcement agencies and the intelligence community that is necessary to identify terrorists, and organizations and individuals that support terrorism. The system established under this paragraph shall referred to as the `Chimera system'. ';
(ii) in paragraph (3)--
(I) by striking `President' and inserting `National Intelligence Director'; and
(II) by striking `the data system' and inserting `the interim system described in paragraph (1) and the Chimera system described in paragraph (2)';
(iii) in paragraph (4)(A), by striking `The data system' and all that follows through `(2),' and inserting `The interim system described in paragraph (1) and the Chimera system described in paragraph (2)';
(iv) in paragraph (5)--
(I) in the matter preceding subparagraph (A), by striking `data system under this subsection' and inserting `Chimera system described in paragraph (2)';
(II) in subparagraph (B), by striking `and' at the end;
(III) in subparagraph (C), by striking the period at the end and inserting `; and'; and
(IV) by adding at the end the following:
`(D) to any Federal law enforcement or intelligence officer authorized to assist in the investigation, identification, or prosecution of terrorists, alleged terrorists, individuals supporting terrorist activities, and individuals alleged to support terrorist activities. '; and
(v) in paragraph (6)--
(I) by striking `President' and inserting `National Intelligence Director';
(II) by striking `the data system' and all that follows through `(2),' and inserting `the interim system described in paragraph (1) and the Chimera system described in paragraph (2)';
(B) in section 202(b)--
(i) in paragraph (1), by striking `The interoperable' and all that follows through `subsection (a)' and inserting `the Chimera system described in subsection (a)(2)';
(ii) in paragraph (2), by striking `interoperable electronic database' and inserting `Chimera system described in subsection (a)(2)'; and
(iii) by amending paragraph (4) to read as follows:
`(4) INTERIM REPORTS- Not later than 6 months after assuming office, the National Intelligence Director shall submit a report to the appropriate committees of Congress on the progress in implementing each requirement of this section.';
(C) in section 204--
(i) by striking `Attorney General' each place such term appears and inserting `National Intelligence Director';
(ii) in subsection (d)(1), by striking `Attorney General's' and inserting `National Intelligence Director's'; and
(D) by striking section 203 and redesignating section 204 as section 203.
(2) CLERICAL AMENDMENT- The table of contents for the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1701 et seq.) is amended--
(A) by striking the item relating to section 203; and
(B) by redesignating the item relating to section 204 as relating to section 203.
SEC. 2193. 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 and to meet the intelligence needs of 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 further enhance and fully institutionalize its ability to prevent, preempt, and disrupt terrorist threats to our homeland, our people, our allies, and our interests.
(3) The Federal Bureau of Investigation must collect, process, share, and disseminate, to the greatest extent permitted by applicable law, to the President, the Vice President, and other officials in the Executive Branch, all terrorism information and other information necessary to safeguard our people and advance our national and homeland security interests.
(4) The Federal Bureau of Investigation must move towards full and seamless coordination and cooperation with all other elements of the Intelligence Community, including full participation in, and support to, the National Counterterrorism Center.
(5) The Federal Bureau of Investigation must strengthen its pivotal role in coordination and cooperation with Federal, State, tribal, and local law enforcement agencies to ensure the necessary sharing of information for counterterrorism and criminal law enforcement purposes.
(6) The Federal Bureau of Investigation must perform its vital intelligence functions in a manner consistent with both with national intelligence priorities and respect for privacy and other civil liberties under the Constitution and laws of the United States.
(b) Improvement of Intelligence Capabilities- The Director of the Federal Bureau of Investigation shall establish a comprehensive intelligence program for--
(1) intelligence analysis, including recruitment and hiring of analysts, analyst training, priorities and status for analysis, and analysis performance measures;
(2) intelligence production, including product standards, production priorities, information sharing and dissemination, and customer satisfaction measures;
(3) production of intelligence that is responsive to national intelligence requirements and priorities, including measures of the degree to which each FBI headquarters and field component is collecting and providing such intelligence;
(4) intelligence sources, including source validation, new source development, and performance measures;
(5) field intelligence operations, including staffing and infrastructure, management processes, priorities, and performance measures;
(6) full and seamless coordination and cooperation with the other components of the Intelligence Community, consistent with their responsibilities; and
(7) sharing of FBI intelligence and information across Federal, state, and local governments, with the private sector, and with foreign partners as provided by law or by guidelines of the Attorney General.
(c) Intelligence Directorate- The Director of the Federal Bureau of Investigation shall establish an Intelligence Directorate within the FBI. The Intelligence Directorate shall have the authority to manage and direct the intelligence operations of all FBI headquarters and field components. The Intelligence Directorate shall have responsibility for all components and functions of the FBI necessary for--
(1) oversight of FBI field intelligence operations;
(2) FBI human source development and management;
(3) FBI collection against nationally-determined intelligence requirements;
(4) language services;
(5) strategic analysis;
(6) intelligence program and budget management; and
(7) the intelligence workforce.
(d) National Security Workforce- The Director of the Federal Bureau of Investigation shall establish a specialized, integrated intelligence cadre composed of Special Agents, analysts, linguists, and surveillance specialists in a manner which creates and sustains within the FBI a workforce with substantial expertise in, and commitment to, the intelligence mission of the FBI. The Director shall--
(1) ensure that these FBI employees may make their career, including promotion to the most senior positions in the FBI, within this career track;
(2) establish intelligence cadre requirements for--
(A) training;
(B) career development and certification;
(C) recruitment, hiring, and selection;
(D) integrating field intelligence teams; and
(E) senior level field management;
(3) establish intelligence officer certification requirements, including requirements for training courses and assignments to other intelligence, national security, or homeland security components of the Executive branch, in order to advance to senior operational management positions in the FBI;
(4) ensure that the FBI's recruitment and training program enhances its ability to attract individuals with educational and professional backgrounds in intelligence, international relations, language, technology, and other skills relevant to the intelligence mission of the FBI;
(5) ensure that all Special Agents and analysts employed by the FBI after the date of the enactment of this Act shall receive basic training in both criminal justice matters and intelligence matters;
(6) ensure that all Special Agents employed by the FBI after the date of the enactment of this Act, to the maximum extent practicable, be given an opportunity to undergo, during their early service with the FBI, meaningful assignments in criminal justice matters and in intelligence matters;
(7) ensure that, to the maximum extent practical, Special Agents who specialize in intelligence are afforded the opportunity to work on intelligence matters over the remainder of their career with the FBI; and
(8) ensure that, to the maximum extent practical, analysts are afforded FBI training and career opportunities commensurate with the training and career opportunities afforded analysts in other elements of the intelligence community.
(e) Field Office Matters- The Director of the Federal Bureau of Investigation shall take appropriate actions to ensure the integration of analysis, Special Agents, linguists, and surveillance personnel in FBI field intelligence components and to provide effective leadership and infrastructure to support FBI field intelligence components. The Director shall--
(1) ensure that each FBI field office has an official at the level of Assistant Special Agent in Charge or higher with responsibility for the FBI field intelligence component; and
(2) to the extent practicable, provide for such expansion of special compartmented information facilities in FBI field offices as is necessary to ensure the discharge by the field intelligence components of the national security and criminal intelligence mission of the FBI.
(g) 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 FBI in order to organize the budget according to its four main programs as follows:
(1) Intelligence.
(2) Counterterrorism and counterintelligence.
(3) Criminal enterprise/Federal crimes.
(4) Criminal justice services.
(h) Reports-
(1)(A) Not later than 180 days after the date of the enactment of this Act, and every twelve months thereafter, 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 Director shall include in the first report required by subparagraph (A) an estimate of the resources required to complete the expansion of special compartmented information facilities to carry out the intelligence mission of FBI field intelligence components.
(2) In each annual report required by paragraph (1)(A) the director shall include--
(A) a report on the progress made by each FBI field office during the period covered by such review in addressing FBI and national intelligence priorities;
(B) a report assessing the qualifications, status, and roles of analysts at FBI headquarters and in FBI field offices; and
(C) a report on the progress of the FBI in implementing information-sharing principles.
(3) 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 unclassified form, but may include a classified annex.
SEC. 2194. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE GRANT PROGRAM.
(a) IN GENERAL- Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
`(a) GRANT AUTHORIZATION- The Attorney General shall carry out a single grant program under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection (b).';
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b), and in that subsection--
(A) by striking `ADDITIONAL GRANT PROJECTS- Grants made under subsection (a) may include programs, projects, and other activities to--' and inserting `USES OF GRANT AMOUNTS- The purposes for which grants made under subsection (a) may be made are--';
(B) by redesignating paragraphs (1) through (12) as paragraphs (6) through (17), respectively;
(C) by inserting before paragraph (5) (as so redesignated) the following new paragraphs:
`(1) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment in community-oriented policing;
`(2) hire and train new, additional career law enforcement officers for deployment in community-oriented policing across the Nation;
`(3) procure equipment, technology, or support systems, or pay overtime, to increase the number of officers deployed in community-oriented policing;
`(4) improve security at schools and on school grounds in the jurisdiction of the grantee through--
`(A) placement and use of metal detectors, locks, lighting, and other deterrent measures;
`(B) security assessments;
`(C) security training of personnel and students;
`(D) coordination with local law enforcement; and
`(E) any other measure that, in the determination of the Attorney General, may provide a significant improvement in security;
`(5) pay for officers hired to perform intelligence, anti-terror, or homeland security duties exclusively;'; and
(D) by amending paragraph (9) (as so redesignated) to read as follows:
`(8) develop new technologies, including interoperable communications technologies, modernized criminal record technology, and forensic technology, to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies;';
(4) by redesignating subsections (e) through (k) as subsections (c) through (i), respectively;
(5) in subsection (c) (as so redesignated) by striking `subsection (i)' and inserting `subsection (g)'; and
(6) by adding at the end the following new subsection:
`(j) MATCHING FUNDS FOR SCHOOL SECURITY GRANTS- Notwithstanding subsection (i), in the case of a grant under subsection (a) for the purposes described in subsection (b)(4)--
`(1) the portion of the costs of a program provided by that grant may not exceed 50 percent;
`(2) any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection; and
`(3) the Attorney General may provide, in the guidelines implementing this section, for the requirement of paragraph (1) to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration.'.
(b) CONFORMING AMENDMENT- Section 1702 of title I of such Act (42 U.S.C. 3796dd-1) is amended in subsection (d)(2) by striking `section 1701(d)' and inserting `section 1701(b)'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a)(11) of title I of such Act (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A) by striking clause (i) and all that follows through the period at the end and inserting the following:
`(i) $1,007,624,000 for fiscal year 2005;
`(ii) $1,027,176,000 for fiscal year 2006; and
`(iii) $1,047,119,000 for fiscal year 2007.'; and
(2) in subparagraph (B)--
(A) by striking `section 1701(f)' and inserting `section 1701(d)'; and
(B) by striking the third sentence.
Subtitle I--Police Badges SEC. 2201. SHORT TITLE.
This subtitle may be cited as the `Badge Security Enhancement Act of 2004' .
SEC. 2202. POLICE BADGES.
Section 716 of title 18, United States Code, is amended in subsection (b)--
(1) by striking paragraphs (2) and (4); and
(2) by redesignating paragraph (3) as paragraph (2).
Subtitle J--Railroad Carriers and Mass Transportation Protection Act of 20004 SEC. 2301. SHORT TITLE.
This subtitle may be cited as the `Railroad Carriers and Mass Transportation Protection Act of 2004'.
SEC. 2302. ATTACKS AGAINST RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS.
(a) In General- Chapter 97 of title 18, United States Code, is amended by striking sections 1992 through 1993 and inserting the following:
`Sec. 1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air
`(a) General Prohibitions- Whoever, in a circumstance described in subsection (c), knowingly--
`(1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass transportation vehicle;
`(2) with intent to endanger the safety of any person, or with a reckless disregard for the safety of human life, and without the authorization of the railroad carrier or mass transportation provider--
`(A) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle; or
`(B) releases a hazardous material or a biological agent or toxin on or near any property described in subparagraph (A) or (B) of paragraph (3);
`(3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any--
`(A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without the authorization of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck railroad on-track equipment;
`(B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, without the authorization of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; or
`(4) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal, without authorization from the railroad carrier or mass transportation provider;
`(5) with intent to endanger the safety of any person, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining railroad on-track equipment or a mass transportation vehicle;
`(6) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on property described in subparagraph (A) or (B) of paragraph (3), except that this subparagraph shall not apply to rail police officers in acting the course of their law enforcement duties under section 28101 of title 49, United States Code;
`(7) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to engage in a violation of this subsection; or
`(8) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than 20 years, or both.
`(b) Aggravated Offense- Whoever commits an offense under subsection (a) of this section in a circumstance in which--
`(1) the railroad on-track equipment or mass transportation vehicle was carrying a passenger or employee at the time of the offense;
`(2) the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense;
`(3) the railroad on-track equipment or mass transportation vehicle was carrying a hazardous material at the time of the offense that--
`(A) was required to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations; and
`(B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group I or packing group II, or class number 1, 2, or 7 under the hazardous materials table of section 172.101 of title 49, Code of Federal Regulations; or
`(4) the offense results in the death of any person;
shall be fined under this title or imprisoned for any term of years or life, or both. In the case of a violation described in paragraph (2) of this subsection, the term of imprisonment shall be not less than 30 years; and, in the case of a violation described in paragraph (4) of this subsection, the offender shall be fined under this title and imprisoned for life and be subject to the death penalty.
`(c) Circumstances Required for Offense- A circumstance referred to in subsection (a) is any of the following:
`(1) Any of the conduct required for the offense is, or, in the case of an attempt, threat, or conspiracy to engage in conduct, the conduct required for the completed offense would be, engaged in, on, against, or affecting a mass transportation provider or railroad carrier engaged in or affecting interstate or foreign commerce.
`(2) Any person travels or communicates across a State line in order to commit the offense, or transports materials across a State line in aid of the commission of the offense.
`(d) Definitions- In this section--
`(1) the term `biological agent' has the meaning given to that term in section 178(1);
`(2) the term `dangerous weapon' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 2 1/2 inches in length and a box cutter;
`(3) the term `destructive device' has the meaning given to that term in section 921(a)(4);
`(4) the term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term `radioactive device' does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes;
`(5) the term `hazardous material' has the meaning given to that term in chapter 51 of title 49;
`(6) the term `high-level radioactive waste' has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12));
`(7) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, except that the term includes school bus, charter, and sightseeing transportation;
`(8) the term `on-track equipment' means a carriage or other contrivance that runs on rails or electromagnetic guideways;
`(9) the term `railroad on-track equipment' means a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier;
`(10) the term `railroad' has the meaning given to that term in chapter 201 of title 49;
`(11) the term `railroad carrier' has the meaning given to that term in chapter 201 of title 49;
`(12) the term `serious bodily injury' has the meaning given to that term in section 1365;
`(13) the term `spent nuclear fuel' has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23));
`(14) the term `State' has the meaning given to that term in section 2266;
`(15) the term `toxin' has the meaning given to that term in section 178(2); and
`(16) the term `vehicle' means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air.'.
(b) Conforming Amendments-
(1) The table of sections at the beginning of chapter 97 of title 18, United States Code, is amended--
(A) by striking `RAILROADS' in the chapter heading and inserting `RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR';
(B) by striking the items relating to sections 1992 and 1993; and
(C) by inserting after the item relating to section 1991 the following:
`1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.'.
(2) The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following:
--1991'.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking `1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems),' and inserting `1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),';
(B) in section 2339A, by striking `1993,'; and
(C) in section 2516(1)(c) by striking `1992 (relating to wrecking trains),' and inserting `1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),'.
Subtitle K--Prevention of Terrorist Access to Destructive Weapons Act of 2004 SEC. 2401. SHORT TITLE.
This subtitle may be cited as the `Prevention of Terrorist Access to Destructive Weapons Act of 2004'.
SEC. 2402. FINDINGS AND PURPOSE.
(a) Findings- Congress finds the following:
(1) The criminal use of man-portable air defense systems (MANPADS) presents a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that harbor them.
(2) Atomic weapons or weapons designed to release radiation (`dirty bombs') could be used by terrorists to inflict enormous loss of life and damage to property and the environment.
(3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention, meaning that it is believed to pose the greatest potential threat for adverse public health impact and has a moderate to high potential for large-scale dissemination. The last case of smallpox in the United States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox has been officially eradicated after a successful worldwide vaccination program, there remain two official repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal to terrorists.
(4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign policy, economy, and environment of the United States. Accordingly, the United States has a compelling national security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including their unauthorized production, construction, acquisition, transfer, possession, import, or export. All of these activities markedly increase the chances that such items will be obtained by terrorist organizations or rogue states, which could use them to attack the United States, its allies, or United States nationals or corporations.
(5) There is no legitimate reason for a private individual or company, absent explicit government authorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use MANPADS, atomic or radiological weapons, or the variola virus.
(b) Purpose- The purpose of this subtitle is to combat the potential use of weapons that have the ability to cause widespread harm to United States persons and the United States economy (and that have no legitimate private use) and to threaten or harm the national security or foreign relations of the United States.
SEC. 2403. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended by adding after section 2332f the following:
`Sec. 2332g. Missile systems designed to destroy aircraft
`(a) Unlawful Conduct-
`(1) IN GENERAL- Except as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use--
`(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to--
`(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or
`(ii) otherwise direct or guide the rocket or missile to an aircraft;
`(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or
`(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B).
`(2) NONWEAPON- Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon.
`(3) EXCLUDED CONDUCT- This subsection does not apply with respect to--
`(A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or
`(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof.
`(b) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce;
`(2) the offense occurs outside of the United States and is committed by a national of the United States;
`(3) the offense is committed against a national of the United States while the national is outside the United States;
`(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
`(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
`(c) Criminal Penalties-
`(1) IN GENERAL- Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life.
`(2) LIFE IMPRISONMENT- Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life.
`(3) DEATH PENALTY- If the death of another results from a person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.
`(d) Definition- As used in this section, the term `aircraft' has the definition set forth in section 40102(a)(6) of title 49, United States Code.'.
SEC. 2404. ATOMIC WEAPONS.
(a) Prohibitions- Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended by--
(1) inserting at the beginning `a.' before `It';
(2) inserting `knowingly' after `for any person to';
(3) striking `or' before `export';
(4) striking `transfer or receive in interstate or foreign commerce,' before `manufacture';
(5) inserting `receive,' after `acquire,';
(6) inserting `, or use, or possess and threaten to use,' before `any atomic weapon';
(7) inserting at the end the following:
`b. Conduct prohibited by subsection a. is within the jurisdiction of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce; the offense occurs outside of the United States and is committed by a national of the United States;
`(2) the offense is committed against a national of the United States while the national is outside the United States;
`(3) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
`(4) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.'.
(b) Violations- Section 222 of the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by--
(1) inserting at the beginning `a.' before `Whoever';
(2) striking `, 92,'; and
(3) inserting at the end the following:
`b. Any person who violates, or attempts or conspires to violate, section 92 shall be fined not more than $2,000,000 and sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. Any person who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 and imprisoned for life. If the death of another results from a person's violation of section 92, the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.'.
SEC. 2405. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended by adding after section 2332g the following:
`Sec. 2332h. Radiological dispersal devices
`(a) Unlawful Conduct-
`(1) IN GENERAL- Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use--
`(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or
`(B) or any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity.
`(2) EXCEPTION- This subsection does not apply with respect to--
`(A) conduct by or under the authority of the United States or any department or agency thereof; or
`(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof.
`(b) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce;
`(2) the offense occurs outside of the United States and is committed by a national of the United States;
`(3) the offense is committed against a national of the United States while the national is outside the United States;
`(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
`(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
`(c) Criminal Penalties-
`(1) IN GENERAL- Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall sentenced to a term of imprisonment not less than 30 years or to imprisonment for life.
`(2) LIFE IMPRISONMENT- Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life.
`(3) DEATH PENALTY- If the death of another results from a person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.'.
SEC. 2406. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by inserting after section 175b the following:
`Sec. 175c. Variola virus
`(a) Unlawful Conduct-
`(1) IN GENERAL- Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus.
`(2) EXCEPTION- This subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services.
`(b) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce;
`(2) the offense occurs outside of the United States and is committed by a national of the United States;
`(3) the offense is committed against a national of the United States while the national is outside the United States;
`(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
`(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
`(c) Criminal Penalties-
`(1) IN GENERAL- Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life.
`(2) LIFE IMPRISONMENT- Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life.
`(3) DEATH PENALTY- If the death of another results from a person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.
`(d) Definition- As used in this section, the term `variola virus' means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus.'.
SEC. 2407. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (a), by inserting `2122 and' after `sections';
(2) in paragraph (c), by inserting `section 175c (relating to variola virus),' after `section 175 (relating to biological weapons),'; and
(3) in paragraph (q), by inserting `2332g, 2332h,' after `2332f,'.
SEC. 2408. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18, UNITED STATES CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is amended--
(1) in clause (i)--
(A) by inserting before `2339 (relating to harboring terrorists)' the following: `2332g (relating to missile systems designed to destroy aircraft), 2332h (relating to radiological dispersal devices),'; and
(B) by inserting `175c (relating to variola virus),' after `175 or 175b (relating to biological weapons),'; and
(2) in clause (ii)--
(A) by striking `section' and inserting `sections 92 (relating to prohibitions governing atomic weapons) or'; and
(B) by inserting `2122 or' before `2284'.
SEC. 2409. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, UNITED STATES CODE.
Section 1956(c)(7)(D), title 18, United States Code, is amended--
(1) by inserting after `section 152 (relating to concealment of assets; false oaths and claims; bribery),' the following: `section 175c (relating to the variola virus),';
(2) by inserting after `section 2332(b) (relating to international terrorist acts transcending national boundaries),' the following: `section 2332g (relating to missile systems designed to destroy aircraft), section 2332h (relating to radiological dispersal devices),'; and
(3) striking `or' after `any felony violation of the Foreign Agents Registration Act of 1938,' and after `any felony violation of the Foreign Corrupt Practices Act', striking `;' and inserting `, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions governing atomic weapons)'.
SEC. 2410. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778) is amended--
(1) by striking `or' before `(xi)'; and
(2) by inserting after clause (xi) the following: `or (xii) section 3, 4, 5, and 6 of the Prevention of Terrorist Access to Destructive Weapons Act of 2004, relating to missile systems designed to destroy aircraft (18 U.S.C. 2332g), prohibitions governing atomic weapons (42 U.S.C. 2122), radiological dispersal devices (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175b);'.
SEC. 2411. CLERICAL AMENDMENTS.
(a) Chapter 113B- The table of sections for chapter 113B of title 18, United States Code, is amended by inserting the following after the item for section 2332f:
`2332g. Missile systems designed to destroy aircraft.
`2332h. Radiological dispersal devices.'.
(b) Chapter 10- The table of sections for chapter 10 of title 18, United States Code, is amended by inserting the following item after the item for section 175b:
`175c. Variola virus.'.
Subtitle L--Terrorist Penalties Enhancement Act of 2004 SEC. 2501. SHORT TITLE.
This subtitle may be cited as the `Terrorist Penalties Enhancement Act of 2004'.
SEC. 2502. PENALTIES FOR TERRORIST OFFENSES RESULTING IN DEATH; DENIAL OF FEDERAL BENEFITS TO TERRORISTS.
(a) In General- Chapter 113B of title 18, United States Code, is amended by adding at the end the following:
`Sec. 2339E. Terrorist offenses resulting in death
`(a) Whoever, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.
`(b) As used in this section, the term `terrorist offense' means--
`(1) a Federal felony offense that is--
`(A) a Federal crime of terrorism as defined in section 2332b(g) except to the extent such crime is an offense under section 1363; or
`(B) an offense under this chapter, section 175, 175b, 229, or 831, or section 236 of the Atomic Energy Act of 1954; or
`(2) a Federal offense that is an attempt or conspiracy to commit an offense described in paragraph (1).
`Sec. 2339F. Denial of Federal benefits to terrorists
`(a) An individual or corporation who is convicted of a terrorist offense (as defined in section 2339E) shall, as provided by the court on motion of the Government, be ineligible for any or all Federal benefits for any term of years or for life.
`(b) As used in this section, the term `Federal benefit' has the meaning given that term in section 421(d) of the Controlled Substances Act, and also includes any assistance or benefit described in section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, with the same limitations and to the same extent as provided in section 115 of that Act with respect to denials of benefits and assistance to which that section applies.'.
(b) Conforming Amendment to Table of Sections- The table of sections at the beginning of the chapter 113B of title 18, United States Code, is amended by adding at the end the following new items:
`2339E. Terrorist offenses resulting in death.
`2339F. Denial of federal benefits to terrorists.'.
(c) Aggravating Factor in Death Penalty Cases- Section 3592(c)(1) of title 18, United States Code, is amended by inserting `section 2339E (terrorist offenses resulting in death),' after `destruction),'.
SEC. 2503. DEATH PENALTY IN CERTAIN AIR PIRACY CASES OCCURRING BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY ACT OF 1994.
Section 60003 of the Violent Crime Control and Law Enforcement Act of 1994, (Public Law 103-322), is amended, as of the time of its enactment, by adding at the end the following:
`(c) DEATH PENALTY PROCEDURES FOR CERTAIN PREVIOUS AIRCRAFT PIRACY VIOLATIONS- An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), but after the enactment of the Antihijacking Act of 1974 (Public Law 93-366), it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term `especially heinous, cruel, or depraved', as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language `in that it involved torture or serious physical abuse to the victim', and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code.'.
Subtitle M--Pretrial Detention and Postrelease Supervision of Terrorists SEC. 2601. SHORT TITLE.
This subtitle may be cited as the `Pretrial Detention and Lifetime Supervision of Terrorists Act of 2004'.
SEC. 2602. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING TERRORISM.
Section 3142 of title 18, United States Code, is amended--
(1) in subsection (e)--
(A) by inserting `or' before `the Maritime'; and
(B) by inserting after `or 2332b of title 18 of the United States Code' the following: `, or an offense listed in section 2332b(g)(5)(B) of title 18 of the United States Code, if the Attorney General certifies that the offense appears by its nature or context to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnaping, or an offense involved in or related to domestic or international terrorism as defined in section 2331 of title 18 of the United States Code'; and
(2) in subsections (f)(1)(A) and (g)(1), by inserting after `violence' the following: `, or an offense listed in section 2332b(g)(5)(B) of title 18 of the United States Code, if the Attorney General certifies that the offense appears by its nature or context to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnaping, or an offense involved in or related to domestic or international terrorism as defined in section 2331 of title 18 of the United States Code'.
SEC. 2603. POSTRELEASE SUPERVISION OF TERRORISTS.
Section 3583(j) of title 18, United States Code, is amended in subsection (j), by striking `, the commission' and all that follows through `person,'.
TITLE III--BORDER SECURITY AND TERRORIST TRAVEL
Subtitle A--Immigration Reform in the National Interest CHAPTER 1--GENERAL PROVISIONS
SEC. 3001. ELIMINATING THE `WESTERN HEMISPHERE' EXCEPTION FOR CITIZENS.
(a) IN GENERAL-
(1) IN GENERAL- Section 215(b) of the Immigration and Nationality Act (8 U.S.C. 1185(b)) is amended to read as follows:
`(b)(1) Except as otherwise provided in this subsection, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless the citizen bears a valid United States passport.
`(2) Subject to such limitations and exceptions as the President may authorize and prescribe, the President may waive the application of paragraph (1) in the case of a citizen departing the United States to, or entering the United States from, foreign contiguous territory.
`(3) The President, if waiving the application of paragraph (1) pursuant to paragraph (2), shall require citizens departing the United States to, or entering the United States from, foreign contiguous territory to bear a document (or combination of documents) designated by the Secretary of Homeland Security under paragraph (4).
`(4) The Secretary of Homeland Security--
`(A) shall designate documents that are sufficient to denote identity and citizenship in the United States such that they may be used, either individually or in conjunction with another document, to establish that the bearer is a citizen or national of the United States for purposes of lawfully departing from or entering the United States; and
`(B) shall publish a list of those documents in the Federal Register.
`(5) A document or documents may not be designated under paragraph (4) unless the Secretary of Homeland Security determines that the document or documents adequately identifies or identify the bearer as a citizen of the United States. If a single document is designated, it must be a document that may not be issued to an alien. In no event may a combination of documents be accepted for this purpose unless the Secretary of Homeland Security determines that at least one of those documents could not be issued to an alien.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on October 1, 2006.
(b) INTERIM RULE-
(1) IN GENERAL- Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security--
(A) shall designate documents that are sufficient to denote identity and citizenship in the United States such that they may be used, either individually or in conjunction with another document, to establish that the bearer is a citizen or national of the United States for purposes of lawfully departing from or entering the United States; and
(B) shall publish a list of those documents in the Federal Register.
(2) LIMITATION ON PRESIDENTIAL AUTHORITY- Beginning on the date that is 90 days after the publication described in paragraph (1)(B), the President, notwithstanding section 215(b) of the Immigration and Nationality Act (8 U.S.C. 1185(b)), may not exercise the President's authority under such section so as to permit any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States from any country other than foreign contiguous territory, unless the citizen bears a document (or combination of documents) designated under paragraph (1)(A).
(3) CRITERIA FOR DESIGNATION- A document or documents may not be designated under paragraph (1)(A) unless the Secretary of Homeland Security determines that the document or documents adequately identifies or identify the bearer as a citizen of the United States. If a single document is designated, it must be a document that may not be issued to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))). In no event may a combination of documents be accepted for this purpose unless the Secretary of Homeland Security determines that at least one of those documents could not be issued to an alien (as so defined).
(4) EFFECTIVE DATE- This subsection shall take effect on the date of the enactment of this Act and shall cease to be effective on September 30, 2006.
SEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH RESPECT TO DOCUMENTATION REQUIREMENTS FOR NATIONALS OF FOREIGN CONTIGUOUS TERRITORIES AND ADJACENT ISLANDS.
(a) In General- Section 212(d)(4) of the Immigration and Nationality Act (8 U.S.C.1182(d)(4)) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland Security';
(2) by striking `on the basis of reciprocity' and all that follows through `or (C)'; and
(3) by adding at the end the following:
`Either or both of the requirements of such paragraph may also be waived by the Secretary of Homeland Security and the Secretary of State, acting jointly and on the basis of reciprocity, with respect to nationals of foreign contiguous territory or of adjacent islands, but only if such nationals are required, in order to be admitted into the United States, to be in possession of identification deemed by the Secretary of Homeland Security to be secure.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect on December 31, 2006.
SEC. 3003. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
The Secretary of Homeland Security, in each of fiscal years 2006 through 2010, shall increase by not less than 2,000 the number of positions for full-time active-duty border patrol agents within the Department of Homeland Security above the number of such positions for which funds were allotted for the preceding fiscal year.
SEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS.
The Secretary of Homeland Security, in each of fiscal years 2006 through 2010, shall increase by not less than 800 the number of positions for full-time active-duty investigators within the Department of Homeland Security investigating violations of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)) above the number of such positions for which funds were allotted for the preceding fiscal year. At least half of these additional investigators shall be designated to investigate potential violations of section 274A of the Immigration and Nationality Act (8 U.S.C 1324a). Each State shall be allotted at least 3 of these additional investigators.
SEC. 3005. INCREASE IN DETENTION BED SPACE.
Subject to the availability of appropriated funds, the Secretary of Homeland Security shall increase by not less than 2,500, in each of fiscal years 2006 and 2007, the number of beds available for immigration detention and removal operations of the Department of Homeland Security above the number for which funds were allotted for the preceding fiscal year.
SEC. 3006. ALIEN IDENTIFICATION STANDARDS.
Section 211 of the Immigration and Nationality Act (8 U.S.C. 1181) is amended by adding at the end the following:
`(d) For purposes of establishing identity to any Federal employee, an alien present in the United States may present any document issued by the Attorney General or the Secretary of Homeland Security under the authority of one of the immigration laws (as defined in section 101(a)(17)), a domestically issued document that the Secretary of Homeland Security designates as reliable for this purpose and that cannot be issued to an alien unlawfully present in the United States, or an unexpired, lawfully issued foreign passport as determined by the Secretary of State. Subject to the limitations and exceptions in the immigration laws (as so defined), no other document may be presented for such purposes.'.
SEC. 3007. EXPEDITED REMOVAL.
Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) and inserting the following:
`(i) IN GENERAL- If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 5-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review, unless the alien indicates an intention to apply for asylum under section 208 or a fear of persecution.
`(ii) CLAIMS FOR ASYLUM- If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 5-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), and the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B).'.
SEC. 3008. PREVENTING TERRORISTS FROM OBTAINING ASYLUM.
(a) Conditions for Granting Asylum- Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
(1) in paragraph (1), by striking `The Attorney General' and inserting the following:
`(A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General'; and
(2) by adding at the end the following:
`(B) BURDEN OF PROOF-
`(i) IN GENERAL- The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 101(a)(42)(A).
`(ii) SPECIAL RULE- The applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the central reason for persecuting the applicant if the applicant claims that the applicant has been or would be subjected to persecution because the applicant--
`(I) has been accused of being or is believed to be a member of, or has been accused of supporting, a guerrilla, militant, or terrorist organization; or
`(II) has been accused of engaging in or supporting guerrilla, militant, or terrorist activities, or is believed to have engaged in or supported such activities.
`(iii) SUSTAINING BURDEN- The testimony of the applicant may be sufficient to sustain the applicant's burden without corroboration, but only if it is credible, is persuasive, and refers to specific facts that demonstrate that the applicant is a refugee. Where the trier of fact finds that it is reasonable to expect corroborating evidence for certain alleged facts pertaining to the specifics of the applicant's claim, such evidence must be provided unless a reasonable explanation is given as to why such information is not provided. It is reasonable to expect the applicant to provide corroborating evidence if the applicant has, or has access to, the evidence or could reasonably obtain the evidence without departing from the United States.
`(iv) CREDIBILITY DETERMINATION- The credibility determination of the trier of fact may be based, in addition to other factors, on the demeanor, candor, or responsiveness of the applicant or witness, the consistency between the applicant's or witness's written and oral statements, whether or not under oath, made at any time to any officer, agent, or employee of the United States, the internal consistency of each such statement, the consistency of such statements with the country conditions in the country from which the applicant claims asylum (as presented by the Department of State) and any inaccuracies or falsehoods in such statements. These factors may be considered individually or cumulatively.'.
(b) Standard of Review for Orders of Removal- Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by adding after subparagraph (D) the following flush language: `No court shall reverse a determination made by an adjudicator with respect to the availability of corroborating evidence as described in section 208(b)(1)(B), unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.'.
(c) Effective Date- The amendment made by subsection (b) shall take effect upon the date of the enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of the enactment of this Act.
SEC. 3009. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.
(a) Limitation on Review- Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by adding at the end the following: `There shall be no means of judicial review (including review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title) of a revocation under this subsection, and no court shall have jurisdiction to consider any claim challenging the validity of such a revocation.'.
(b) Classes of Deportable Aliens- Section 237(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is amended by striking `United States is' and inserting the following: `United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i), is'.
(c) Revocation of Petitions- Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland Security'; and
(2) by striking the final two sentences.
(d) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to revocations under sections 205 and 221(i) of the Immigration and Nationality Act made before, on, or after such date.
SEC. 3010. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) In General- Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraphs (A), (B), and (C), by inserting `(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title' after `Notwithstanding any other provision of law'; and
(ii) by adding at the end the following:
`(D) JUDICIAL REVIEW OF CERTAIN LEGAL CLAIMS- Nothing in this paragraph shall be construed as precluding consideration by the circuit courts of appeals of constitutional claims or pure questions of law raised upon petitions for review filed in accordance with this section. Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or, except as provided in subsection (e), any other habeas corpus provision, and sections 1361 and 1651 of such title, such petitions for review shall be the sole and exclusive means of raising any and all claims with respect to orders of removal entered or issued under any provision of this Act.'; and
(B) by adding at the end the following:
`(4) CLAIMS UNDER THE UNITED NATIONS CONVENTION- Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a petition for review by the circuit courts of appeals filed in accordance with this section is the sole and exclusive means of judicial review of claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment.
`(5) EXCLUSIVE MEANS OF REVIEW- The judicial review specified in this subsection shall be the sole and exclusive means for review by any court of an order of removal entered or issued under any provision of this Act. For purposes of this title, in every provision that limits or eliminates judicial review or jurisdiction to review, the terms `judicial review' and `jurisdiction to review' include habeas corpus review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, sections 1361 and 1651 of such title, and review pursuant to any other provision of law.';
(2) in subsection (b)--
(A) in paragraph (3)(B), by inserting `pursuant to subsection (f)' after `unless'; and
(B) in paragraph (9), by adding at the end the following: `Except as otherwise provided in this subsection, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28, United States Code, or any other habeas corpus provision, by section 1361 or 1651 of such title, or by any other provision of law (statutory or nonstatutory), to hear any cause or claim subject to these consolidation provisions.';
(3) in subsection (f)(2), by inserting `or stay, by temporary or permanent order, including stays pending judicial review,' after `no court shall enjoin'; and
(4) in subsection (g), by inserting `(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title' after `notwithstanding any other provision of law'.
(b) Effective Date- The amendments made by subsection (a) shall take effect upon the date of the enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of the enactment of this Act.
(c) TRANSFER OF CASES- If an alien's case, brought under section 2241 of title 28, United States Code, and challenging a final administrative removal order, is pending in a district court on the date of the enactment of this Act, then the district court shall transfer the case (or part of the case that challenges the removal order) to the court of appeals for the circuit in which a petition for review could have been properly filed under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this Act. The court of appeals shall treat the transferred case as if it had been brought pursuant to a petition for review under such section 242.
CHAPTER 2--REMOVAL OF TERRORISTS AND SUPPORTERS OF TERRORISM
SEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION ON REMOVAL.
(a) In General- Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--
(1) in clause (iii), by striking `or';
(2) in clause (iv), by striking the period at the end and inserting `; or';
(3) by inserting after clause (iv) the following:
`(v) the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section 237(a)(4)(B), unless, in the case only of an alien described in section 212(a)(3)(B)(i)(IV), the Secretary of Homeland Security determines, in the Secretary's discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States.'; and
(4) by striking the last sentence.
(b) Exceptions- Section 208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended--
(1) by striking `inadmissible under' each place such term appears and inserting `described in'; and
(2) by striking `removable under'.
(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to--
(1) removal proceedings instituted before, on, or after the date of the enactment of this Act; and
(2) acts and conditions constituting a ground for inadmissibility or removal occurring or existing before, on, or after such date.
SEC. 3032. DETENTION OF ALIENS BARRED FROM RESTRICTION ON REMOVAL PENDING REMOVAL.
(a) In General- Section 241 of Immigration and Nationality Act (8 U.S.C. 1231) is amended by adding at the end the following:
`(j) Detention of Aliens Barred From Restriction on Removal Pending Removal-
`(1) IN GENERAL- In order to protect the United States from those aliens who would threaten the national security or endanger the lives and safety of the American people, the Secretary of Homeland Security may, in the Secretary's unreviewable discretion, determine that any alien who has been ordered removed from the United States and who is described in subsection (b)(3)(B) is a specially dangerous alien and should be detained until removed. This determination shall be reviewed every six months until the alien is removed. In making this determination, the Secretary shall consider the length of sentence and severity of the offense, the loss and injury to the victim, and the future risk the alien poses to the community.
`(2) ALIENS GRANTED PROTECTION RESTRICTING REMOVAL- Any alien described in paragraph (1) who has been ordered removed, and who has been granted any other protection under the immigration law, as defined in section 101(a)(17), restricting the alien's removal, shall be detained. The Secretary of State shall seek diplomatic assurances that such alien shall be protected if removed from the United States.'.
(b) Severability- If any amendment, or part of any amendment, made by subsection (a), or the application of any amendment or part of any amendment to any person or circumstance, is held to be unconstitutional--
(1) the Secretary of Homeland Security shall continue to seek the removal of any alien described in section 241(j)(1) of the Immigration and Nationality Act, as amended by this Act, consistent with any protection described in section 241(j)(2) of such Act; and
(2) the Secretary of State shall continue to seek diplomatic assurances that any alien described in section 241(j)(2) of the Immigration and Nationality Act, as amended by this Act, would be protected upon removal.
SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES.
(a) In General- Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended--
(1) in paragraph (1)--
(A) in each of subparagraphs (A) and (B), by striking the period at the end and inserting `unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.'; and
(B) by amending subparagraph (C) to read as follows:
`(C) ALTERNATIVE COUNTRIES- If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security shall remove the alien to--
`(i) the country of which the alien is a citizen, subject, or national, where the alien was born, or where the alien has a residence, unless the country physically prevents the alien from entering the country upon the alien's removal there; or
`(ii) any country whose government will accept the alien into that country.'; and
(2) in paragraph (2)--
(A) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security';
(B) by amending subparagraph (D) to read as follows:
`(D) ALTERNATIVE COUNTRIES- If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security shall remove the alien to a country of which the alien is a subject, national, or citizen, or where the alien has a residence, unless--
`(i) such country physically prevents the alien from entering the country upon the alien's removal there; or
`(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.'; and
(C) by amending subparagraph (E)(vii) to read as follows:
`(vii) Any country whose government will accept the alien into that country.'.
(b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date.
SEC. 3034. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED ACTIVITIES.
(a) In General- Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended to read as follows:
`(i) IN GENERAL- Any alien who--
`(I) has engaged in a terrorist activity;
`(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv));
`(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;
`(IV) is a representative (as defined in clause (v)) of--
`(aa) a terrorist organization; or
`(bb) a political, social, or other group that endorses or espouses terrorist activity;
`(V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi);
`(VI) is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization;
`(VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization;
`(VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization under section 212(a)(3)(B)(vi); or
`(IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years,
is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity.'.
(b) Engage in Terrorist Activity Defined- Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows:
`(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED- As used in this subparagraph, the term `engage in terrorist activity' means, in an individual capacity or as a member of an organization--
`(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;
`(II) to prepare or plan a terrorist activity;
`(III) to gather information on potential targets for terrorist activity;
`(IV) to solicit funds or other things of value for--
`(aa) a terrorist activity;
`(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or
`(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization;
`(V) to solicit any individual--
`(aa) to engage in conduct otherwise described in this clause;
`(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or
`(cc) for membership in a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; or
`(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training--
`(aa) for the commission of a terrorist activity;
`(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;
`(cc) to a terrorist organization described in subclause (I) or (II) of clause (vi); or
`(dd) to a terrorist organization described in clause (vi)(III), unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the organization was a terrorist organization.'. (c) Terrorist Organization Defined- Section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:
`(vi) TERRORIST ORGANIZATION DEFINED- As used in this section, the term `terrorist organization' means an organization--
`(I) designated under section 219;
`(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or
`(III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).'.
(d) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to--
(1) removal proceedings instituted before, on, or after the date of the enactment of this Act; and
(2) acts and conditions constituting a ground for inadmissibility occurring or existing before, on, or after such date.
SEC. 3035. DEPORTABILITY OF TERRORISTS.
(a) In General- Section 237(a)(4)(B) (8 U.S.C. 1227(a)(4)(B)) is amended to read as follows:
`(B) TERRORIST ACTIVITIES- Any alien who would be considered inadmissible pursuant to subparagraph (B) or (F) of section 212(a)(3) is deportable.'.
(b) Deportation of Aliens Who Have Received Military-Type Training From Terrorist Organizations- Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following:
`(E) RECIPIENT OF MILITARY-TYPE TRAINING- Any alien who has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization, as defined in section 212(a)(3)(B)(vi), is deportable.'.
(c) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to acts and conditions constituting a ground for removal occurring or existing before, on, or after such date.
CHAPTER 3--PREVENTING COMMERCIAL ALIEN SMUGGLING
SEC. 3041. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) Criminal Penalties- Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the following:
`(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if--
`(A) the offense was part of an ongoing commercial organization or enterprise;
`(B) aliens were transported in groups of 10 or more;
`(C) aliens were transported in a manner that endangered their lives; or
`(D) the aliens presented a life-threatening health risk to people in the United States.'.
(b) Outreach Program- Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as amended by subsection (a), is further amended by adding at the end the following:
`(f) Outreach Program- The Secretary of Homeland Security, in consultation as appropriate with the Attorney General and the Secretary of State, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.
Subtitle B--Identity Management Security CHAPTER 1--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL IDENTIFICATION CARDS
SEC. 3051. DEFINITIONS.
In this chapter, the following definitions apply:
(1) DRIVER'S LICENSE- The term `driver's license' means a motor vehicle operator's license, as defined in section 30301 of title 49, United States Code.
(2) IDENTIFICATION CARD- The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.
(3) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
(4) STATE- The term `State' means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
SEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use-
(1) IN GENERAL- Beginning 3 years after the date of the enactment of this Act, a Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a State to any person unless the State is meeting the requirements of this section.
(2) STATE CERTIFICATIONS- The Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary. Such certifications shall be made at such times and in such manner as the Secretary, in consultation with the Secretary of Transportation, may prescribe by regulation.
(b) MINIMUM DOCUMENT REQUIREMENTS- To meet the requirements of this section, a State shall include, at a minimum, the following information and features on each driver's license and identification card issued to a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver license or identification card number.
(5) A digital photograph of the person.
(6) The person's address of principal residence.
(7) The person's signature.
(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.
(9) A common machine-readable technology, with defined minimum data elements.
(c) Minimum Issuance Standards-
(1) IN GENERAL- To meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following information before issuing a driver's license or identification card to a person:
(A) A photo identity document, except that a non-photo identity document is acceptable if it includes both the person's full legal name and date of birth.
(B) Documentation showing the person's date of birth.
(C) Proof of the person's social security account number or verification that the person is not eligible for a social security account number.
(D) Documentation showing the person's name and address of principal residence.
(2) SPECIAL REQUIREMENTS-
(A) IN GENERAL- To meet the requirements of this section, a State shall comply with the minimum standards of this paragraph.
(B) EVIDENCE OF LEGAL STATUS- A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person--
(i) is a citizen of the United States;
(ii) is an alien lawfully admitted for permanent or temporary residence in the United States;
(iii) has conditional permanent resident status in the United States;
(iv) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
(v) has a pending or approved application for asylum in the United States;
(vi) has entered into the United States in refugee status;
(vii) has a pending or approved application for temporary protected status in the United States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
(C) TEMPORARY DRIVERS' LICENSES AND IDENTIFICATION CARDS-
(i) IN GENERAL- If a person presents evidence under any of clauses (iv) through (ix) of subparagraph (B), the State may only issue a temporary driver's license or temporary identification card to the person.
(ii) EXPIRATION DATE- A temporary driver's license or temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant's authorized stay in the United States or if there is no definite end to the period of authorized stay a period of one year.
(iii) DISPLAY OF EXPIRATION DATE- A temporary driver's license or temporary identification card issued pursuant to this subparagraph shall clearly indicate that it is temporary and shall state the date on which it expires.
(iv) RENEWAL- A temporary driver's license or temporary identification card issued pursuant to this subparagraph may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary driver's license or temporary identification card has been extended by the Secretary of Homeland Security.
(3) APPLICATIONS FOR RENEWAL, DUPLICATION, OR REISSUANCE-
(A) PRESUMPTION- For purposes of paragraphs (1) and (2), a State shall presume that any driver's license or identification card for which an application has been made for renewal, duplication, or reissuance has been issued in accordance with the provisions of such paragraphs if, at the time the application is made, the driver's license or identification card has not expired or been canceled, suspended, or revoked.
(B) LIMITATION- Subparagraph (A) shall not apply to a renewal, duplication, or reissuance if the State is notified by a local, State, or Federal government agency that the person seeking such renewal, duplication, or reissuance is neither a citizen of the United States nor legally in the United States.
(4) VERIFICATION OF DOCUMENTS- To meet the requirements of this section, a State shall implement the following procedures:
(A) Before issuing a driver's license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1) or (2).
(C) Not later than September 11, 2005, the State shall enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-664), to verify the legal presence status of a person, other than a United States citizen, applying for a driver's license or identification card.
(d) OTHER REQUIREMENTS- To meet the requirements of this section, a State shall adopt the following practices in the issuance of drivers' licenses and identification cards:
(1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years.
(3) Subject each person applying for a driver's license or identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a renewing applicant's information.
(5) Confirm with the Social Security Administration a social security account number presented by a person using the full social security account number. In the event that a social security account number is already registered to or associated with another person to which any State has issued a driver's license or identification card, the State shall resolve the discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or identification card to a person holding a driver's license issued by another State without confirmation that the person is terminating or has terminated the driver's license.
(7) Ensure the physical security of locations where drivers' licenses and identification cards are produced and the security of document materials and papers from which drivers' licenses and identification cards are produced.
(8) Subject all persons authorized to manufacture or produce drivers' licenses and identification cards to appropriate security clearance requirements.
(9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of drivers' licenses and identification cards.
SEC. 3053. LINKING OF DATABASES.
(a) In General- To be eligible to receive any grant or other type of financial assistance made available under this subtitle, a State shall participate in the interstate compact regarding sharing of driver license data, known as the `Driver License Agreement', in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States.
(b) Requirements for Information- A State motor vehicle database shall contain, at a minimum, the following information:
(1) All data fields printed on drivers' licenses and identification cards issued by the State.
(2) Motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses.
SEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.
Section 1028(a)(8) of title 18, United States Code, is amended by striking `false authentication features' and inserting `false or actual authentication features'.
SEC. 3055. GRANTS TO STATES.
(a) In General- The Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this chapter.
(b) 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 chapter.
SEC. 3056. AUTHORITY.
(a) PARTICIPATION OF SECRETARY OF TRANSPORTATION AND STATES- All authority to issue regulations, certify standards, and issue grants under this chapter shall be carried out by the Secretary, in consultation with the Secretary of Transportation and the States.
(b) EXTENSIONS OF DEADLINES- The Secretary may grant to a State an extension of time to meet the requirements of section 3052(a)(1) if the State provides adequate justification for noncompliance.
CHAPTER 2--IMPROVED SECURITY FOR BIRTH CERTIFICATES
SEC. 3061. DEFINITIONS.
(a) APPLICABILITY OF DEFINITIONS- Except as otherwise specifically provided, the definitions contained in section 3051 apply to this chapter.
(b) OTHER DEFINITIONS- In this chapter, the following definitions apply:
(1) BIRTH CERTIFICATE- The term `birth certificate' means a certificate of birth--
(A) for an individual (regardless of where born)--
(i) who is a citizen or national of the United States at birth; and
(ii) whose birth is registered in the United States; and
(B) that--
(i) 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
(ii) 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.
(2) REGISTRANT- The term `registrant' means, with respect to a birth certificate, the person whose birth is registered on the certificate.
(3) STATE- The term `State' shall have the meaning given such term in section 3051; except that New York City shall be treated as a State separate from New York.
SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO LOCAL GOVERNMENTS.
The minimum standards in this chapter applicable to birth certificates issued by a State shall also apply to birth certificates issued by a local government in the State. It shall be the responsibility of the State to ensure that local governments in the State comply with the minimum standards.
SEC. 3063. MINIMUM STANDARDS FOR FEDERAL RECOGNITION.
(a) MINIMUM STANDARDS FOR FEDERAL USE-
(1) IN GENERAL- Beginning 3 years after the date of the enactment of this Act, a Federal agency may not accept, for any official purpose, a birth certificate issued by a State to any person unless the State is meeting the requirements of this section.
(2) STATE CERTIFICATIONS- The Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary. Such certifications shall be made at such times and in such manner as the Secretary, in consultation with the Secretary of Health and Human Services, may prescribe by regulation.
(b) MINIMUM DOCUMENT STANDARDS- To meet the requirements of this section, a State shall include, on each birth certificate issued to a person by the State, the use of safety paper, the seal of the issuing custodian of record, and such other features as the Secretary may determine necessary to prevent tampering, counterfeiting, and otherwise duplicating the birth certificate for fraudulent purposes. The Secretary may not require a single design to which birth certificates issued by all States must conform.
(c) MINIMUM ISSUANCE STANDARDS-
(1) IN GENERAL- To meet the requirements of this section, a State shall require and verify the following information from the requestor before issuing an authenticated copy of a birth certificate:
(A) The name on the birth certificate.
(B) The date and location of the birth.
(C) The mother's maiden name.
(D) Substantial proof of the requestor's identity.
(2) ISSUANCE TO PERSONS NOT NAMED ON BIRTH CERTIFICATE- To meet the requirements of this section, in the case of a request by a person who is not named on the birth certificate, a State must require the presentation of legal authorization to request the birth certificate before issuance.
(3) ISSUANCE TO FAMILY MEMBERS- Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services and the States, shall establish minimum standards for issuance of a birth certificate to specific family members, their authorized representatives, and others who demonstrate that the certificate is needed for the protection of the requestor's personal or property rights.
(4) WAIVERS- A State may waive the requirements set forth in subparagraphs (A) through (C) of subsection (c)(1) in exceptional circumstances, such as the incapacitation of the registrant.
(5) APPLICATIONS BY ELECTRONIC MEANS- To meet the requirements of this section, for applications by electronic means, through the mail or by phone or fax, a State shall employ third party verification, or equivalent verification, of the identity of the requestor.
(6) VERIFICATION OF DOCUMENTS- To meet the requirements of this section, a State shall verify the documents used to provide proof of identity of the requestor.
(d) OTHER REQUIREMENTS- To meet the requirements of this section, a State shall adopt, at a minimum, the following practices in the issuance and administration of birth certificates:
(1) Establish and implement minimum building security standards for State and local vital record offices.
(2) Restrict public access to birth certificates and information gathered in the issuance process to ensure that access is restricted to entities with which the State has a binding privacy protection agreement.
(3) Subject all persons with access to vital records to appropriate security clearance requirements.
(4) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance process.
(5) Establish and implement internal operating system standards for paper and for electronic systems.
(6) Establish a central database that can provide interoperative data exchange with other States and with Federal agencies, subject to privacy restrictions and confirmation of the authority and identity of the requestor.
(7) Ensure that birth and death records are matched in a comprehensive and timely manner, and that all electronic birth records and paper birth certificates of decedents are marked `deceased'.
(8) Cooperate with the Secretary in the implementation of electronic verification of vital events under section 3065.
SEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION SYSTEMS.
In consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, the Secretary shall take the following actions:
(1) Work with the States to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems.
(2) Coordinate requirements for such systems to align with a national model.
(3) Ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data, the issuance of birth certificates, and the exchange of data among government agencies.
(4) Ensure that electronic systems for issuing birth certificates, in the form of printed abstracts of birth records or digitized images, employ a common format of the certified copy, so that those requiring such documents can quickly confirm their validity.
(5) Establish uniform field requirements for State birth registries.
(6) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of Defense that will result in the sharing of data, with the States and the Social Security Administration, regarding deaths of United States military personnel and the birth and death of their dependents.
(7) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of State to improve registration, notification, and the sharing of data with the States and the Social Security Administration, regarding births and deaths of United States citizens abroad.
(8) Not later than 3 years after the date of establishment of databases provided for under this section, require States to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants.
(9) Not later than 6 months after the date of the enactment of this Act, submit to Congress, a report on whether there is a need for Federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced.
SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS.
(a) LEAD AGENCY- The Secretary shall lead the implementation of electronic verification of a person's birth and death.
(b) REGULATIONS- In carrying out subsection (a), the Secretary shall issue regulations to establish a means by which authorized Federal and State agency users with a single interface will be able to generate an electronic query to any participating vital records jurisdiction throughout the Nation to verify the contents of a paper birth certificate. Pursuant to the regulations, an electronic response from the participating vital records jurisdiction as to whether there is a birth record in their database that matches the paper birth certificate will be returned to the user, along with an indication if the matching birth record has been flagged `deceased'. The regulations shall take effect not later than 5 years after the date of the enactment of this Act.
SEC. 3066. GRANTS TO STATES.
(a) IN GENERAL- The Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this chapter.
(b) 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 chapter.
SEC. 3067. AUTHORITY.
(a) PARTICIPATION WITH FEDERAL AGENCIES AND STATES- All authority to issue regulations, certify standards, and issue grants under this chapter shall be carried out by the Secretary, with the concurrence of the Secretary of Health and Human Services and in consultation with State vital statistics offices and appropriate Federal agencies.
(b) EXTENSIONS OF DEADLINES- The Secretary may grant to a State an extension of time to meet the requirements of section 3063(a)(1) if the State provides adequate justification for noncompliance.
CHAPTER 3--MEASURES TO ENHANCE PRIVACY AND INTEGRITY OF SOCIAL SECURITY ACCOUNT NUMBERS
SEC. 3071. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON DRIVER'S LICENSES OR MOTOR VEHICLE REGISTRATIONS.
(a) In General- Section 205(c)(2)(C)(vi) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
(1) by inserting `(I)' after `(vi)'; and
(2) by adding at the end the following new subclause:
`(II) Any State or political subdivision thereof (and any person acting as an agent of such an agency or instrumentality), in the administration of any driver's license or motor vehicle registration law within its jurisdiction, may not display a social security account number issued by the Commissioner of Social Security (or any derivative of such number) on any driver's license or motor vehicle registration or any other document issued by such State or political subdivision to an individual for purposes of identification of such individual or include on any such license, registration, or other document a magnetic strip, bar code, or other means of communication which conveys such number (or derivative thereof).'.
(b) Effective Date- The amendments made by this section shall apply with respect to licenses, registrations, and other documents issued or reissued after 1 year after the date of the enactment of this Act.
SEC. 3072. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.
(a) Applications for Social Security Account Numbers- Section 205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended--
(1) by inserting `(I)' after `(ii)'; and
(2) by adding at the end the following new subclause:
`(II) With respect to an application for a social security account number for an individual, other than for purposes of enumeration at birth, the Commissioner shall require independent verification of any birth record provided by the applicant in support of the application. The Commissioner may provide by regulation for reasonable exceptions from the requirement for independent verification under this subclause in any case in which the Commissioner determines there is minimal opportunity for fraud.'.
(b) Effective Date- The amendment made by subsection (a) shall apply with respect to applications filed after 270 days after the date of the enactment of this Act.
(c) Study Regarding Applications for Replacement Social Security Cards-
(1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall undertake a study to test the feasibility and cost effectiveness of verifying all identification documents submitted by an applicant for a replacement social security card. As part of such study, the Commissioner shall determine the feasibility of, and the costs associated with, the development of appropriate electronic processes for third party verification of any such identification documents which are issued by agencies and instrumentalities of the Federal Government and of the States (and political subdivisions thereof).
(2) REPORT- Not later than 2 years after the date of the enactment of this Act, the Commissioner shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the results of the study undertaken under paragraph (1). Such report shall contain such recommendations for legislative changes as the Commissioner considers necessary to implement needed improvements in the process for verifying identification documents submitted by applicants for replacement social security cards.
SEC. 3073. ENUMERATION AT BIRTH.
(a) Improvement of Application Process-
(1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall undertake to make improvements to the enumeration at birth program for the issuance of social security account numbers to newborns. Such improvements shall be designed to prevent--
(A) the assignment of social security account numbers to unnamed children;
(B) the issuance of more than 1 social security account number to the same child; and
(C) other opportunities for fraudulently obtaining a social security account number.
(2) REPORT TO THE CONGRESS- Not later than 1 year after the date of the enactment of this Act, the Commissioner shall transmit to each House of the Congress a report specifying in detail the extent to which the improvements required under paragraph (1) have been made.
(b) Study Regarding Process for Enumeration at Birth-
(1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall undertake a study to determine the most efficient options for ensuring the integrity of the process for enumeration at birth. Such study shall include an examination of available methods for reconciling hospital birth records with birth registrations submitted to agencies of States and political subdivisions thereof and with information provided to the Commissioner as part of the process for enumeration at birth.
(2) REPORT- Not later than 18 months after the date of the enactment of this Act, the Commissioner shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the results of the study undertaken under paragraph (1). Such report shall contain such recommendations for legislative changes as the Commissioner considers necessary to implement needed improvements in the process for enumeration at birth.
SEC. 3074. STUDY RELATING TO USE OF PHOTOGRAPHIC IDENTIFICATION IN CONNECTION WITH APPLICATIONS FOR BENEFITS, SOCIAL SECURITY ACCOUNT NUMBERS, AND SOCIAL SECURITY CARDS.
(a) In General- As soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall undertake a study to--
(1) determine the best method of requiring and obtaining photographic identification of applicants for old-age, survivors, and disability insurance benefits under title II of the Social Security Act, for a social security account number, or for a replacement social security card, and of providing for reasonable exceptions to any requirement for photographic identification of such applicants that may be necessary to promote efficient and effective administration of such title, and
(2) evaluate the benefits and costs of instituting such a requirement for photographic identification, including the degree to which the security and integrity of the old-age, survivors, and disability insurance program would be enhanced.
(b) Report- Not later than 18 months after the date of the enactment of this Act, the Commissioner shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the results of the study undertaken under subsection (a). Such report shall contain such recommendations for legislative changes as the Commissioner considers necessary relating to requirements for photographic identification of applicants described in subsection (a).
SEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE REPLACEMENT SOCIAL SECURITY CARDS.
(a) In General- Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is amended by adding at the end the following new sentence: `The Commissioner shall restrict the issuance of multiple replacement social security cards to any individual to 3 per year and to 10 for the life of the individual, except in any case in which the Commissioner determines there is minimal opportunity for fraud.'.
(b) Regulations and Effective Date- The Commissioner of Social Security shall issue regulations under the amendment made by subsection (a) not later than 1 year after the date of the enactment of this Act. Systems controls developed by the Commissioner pursuant to such amendment shall take effect upon the earlier of the issuance of such regulations or the end of such 1-year period.
SEC. 3076. STUDY RELATING TO MODIFICATION OF THE SOCIAL SECURITY ACCOUNT NUMBERING SYSTEM TO SHOW WORK AUTHORIZATION STATUS.
(a) In General- As soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall undertake a study to examine the best method of modifying the social security account number assigned to individuals who--
(1) are not citizens of the United States,
(2) have not been admitted for permanent residence, and
(3) are not authorized by the Secretary of Homeland Security to work in the United States, or are so authorized subject to one or more restrictions,
so as to include an indication of such lack of authorization to work or such restrictions on such an authorization.
(b) Report- Not later than 1 year after the date of the enactment of this Act, the Commissioner shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the results of the study undertaken under this section. Such report shall include the Commissioner's recommendations of feasible options for modifying the social security account number in the manner described in subsection (a).
Subtitle C--Targeting Terrorist Travel SEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS AND TRAVEL HISTORY DATABASE.
(a) In General- Not later than May 31, 2005, the Comptroller General of the United States, the Secretary of State, and the Secretary of Homeland Security each shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate the results of a separate study on the subjects described in subsection (c).
(b) Study- The study submitted by the Secretary of State under subsection (a) shall be completed by the Office of Visa and Passport Control of the Department of State, in coordination with the appropriate officials of the Department of Homeland Security.
(c) Contents- The studies described in subsection (a) shall examine the feasibility, cost, potential benefits, and relative importance to the objectives of tracking suspected terrorists' travel, and apprehending suspected terrorists, of each of the following:
(1) Requiring nationals of all countries to present machine-readable, tamper-resistant passports that incorporate biometric and document authentication identifiers.
(2) Creation of a database containing information on the lifetime travel history of each foreign national or United States citizen who might seek to enter the United States or another country at any time, in order that border and visa issuance officials may ascertain the travel history of a prospective entrant by means other than a passport.
(d) Incentives- The studies described in subsection (a) shall also make recommendations on incentives that might be offered to encourage foreign nations to participate in the initiatives described in paragraphs (1) and (2) of subsection (c).
SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General- Section 235A(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)) is amended--
(1) by striking `October 31, 2000,' and inserting `January 1, 2008,';
(2) by striking `5 additional' and inserting `at least 15 and up to 25 additional';
(3) by striking `number of aliens' and inserting `number of inadmissible aliens, especially aliens who are potential terrorists,';
(4) by striking `who are inadmissible to the United States.' and inserting a period; and
(5) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security'.
(b) Report- Not later than June 30, 2006, the Secretary of Homeland Security and the Secretary of State shall report to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate on the progress being made in implementing the amendments made by subsection (a).
(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security to carry out the amendments made by subsection (a)--
(1) $24,000,000 for fiscal year 2005;
(2) $48,000,000 for fiscal year 2006; and
(3) $97,000,000 for fiscal year 2007.
SEC. 3083. IMMIGRATION SECURITY INITIATIVE.
(a) In General- Section 235A(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended--
(1) in the subsection heading, by inserting `and Immigration Security Initiative' after `Program'; and
(2) by adding at the end the following:
`Beginning not later than December 31, 2006, the number of airports selected for an assignment under this subsection shall be at least 50.'.
(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security to carry out the amendments made by subsection (a)--
(1) $25,000,000 for fiscal year 2005;
(2) $40,000,000 for fiscal year 2006; and
(3) $40,000,000 for fiscal year 2007.
SEC. 3084. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.
(a) Increased Number of Consular Officers- The Secretary of State, in each of fiscal years 2006 through 2009, may increase by 150 the number of positions for consular officers above the number of such positions for which funds were allotted for the preceding fiscal year.
(b) Limitation on Use of Foreign Nationals for Nonimmigrant Visa Screening- Section 222(d) of the Immigration and Nationality Act (8 U.S.C. 1202(d)) is amended by adding at the end the following:
`All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.'.
(c) Training for Consular Officers in Detection of Fraudulent Documents- Section 305(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at the end the following: `As part of the consular training provided to such officers by the Secretary of State, such officers shall also receive training in detecting fraudulent documents and general document forensics and shall be required as part of such training to work with immigration officers conducting inspections of applicants for admission into the United States at ports of entry.'.
(d) Assignment of Anti-Fraud Specialists-
(1) SURVEY REGARDING DOCUMENT FRAUD- The Secretary of State, in coordination with the Secretary of Homeland Security, shall conduct a survey of each diplomatic and consular post at which visas are issued to assess the extent to which fraudulent documents are presented by visa applicants to consular officers at such posts.
(2) PLACEMENT OF SPECIALIST- Not later than July 31, 2005, the Secretary shall, in coordination with the Secretary of Homeland Security, identify 100 of such posts that experience the greatest frequency of presentation of fraudulent documents by visa applicants. The Secretary shall place in each such post at least one full-time anti-fraud specialist employed by the Department of State to assist the consular officers at each such post in the detection of such fraud.
SEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.
Section 1028 of title 18, United States Code, relating to penalties for fraud and related activity in connection with identification documents and information, is amended--
(1) in subsection (b)(1)(A)(i), by striking `issued by or under the authority of the United States' and inserting the following: `as described in subsection (d)';
(2) in subsection (b)(2), by striking `three years' and inserting `six years';
(3) in subsection (b)(3), by striking `20 years' and inserting `25 years';
(4) in subsection (b)(4), by striking `25 years' and inserting `30 years'; and
(5) in subsection (c)(1), by inserting after `United States' the following: `Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization,'.
SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18, United States Code, is amended--
(1) by striking the dash at the end of subsection (f) and inserting `; or'; and
(2) by inserting after subsection (f) the following:
`(g) Whoever knowingly makes any false statement or claim that he is a citizen of the United States in order to enter into, or remain in, the United States--'.
SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF THE DEPARTMENT OF STATE.
(a) Limitation- Notwithstanding any other provision of law, the Secretary of State shall ensure, subject to subsection (b), that the Antiterrorism Assistance Training (ATA) program of the Department of State (or any successor or related program) under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions of law) is carried out primarily to provide training to host nation security services for the specific purpose of ensuring the physical security and safety of United States Government facilities and personnel abroad (as well as foreign dignitaries and training related to the protection of such dignitaries), including security detail training and offenses related to passport or visa fraud.
(b) Exception- The limitation contained in subsection (a) shall not apply, and the Secretary of State may expand the ATA program to include other types of antiterrorism assistance training, if the Secretary first obtains the approval of the Attorney General and provides written notification of such proposed expansion to the appropriate congressional committees.
(c) Definition- In this section, the term `appropriate congressional committees' means--
(1) the Committee on International Relations and the Committee on the Judiciary of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.
SEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED DOCUMENTS.
(a) Findings- Congress finds the following:
(1) International terrorists travel across international borders to raise funds, recruit members, train for operations, escape capture, communicate, and plan and carry out attacks.
(2) The international terrorists who planned and carried out the attack on the World Trade Center on February 26, 1993, the attack on the embassies of the United States in Kenya and Tanzania on August 7, 1998, the attack on the USS Cole on October 12, 2000, and the attack on the World Trade Center and the Pentagon on September 11, 2001, traveled across international borders to plan and carry out these attacks.
(3) The international terrorists who planned other attacks on the United States, including the plot to bomb New York City landmarks in 1993, the plot to bomb the New York City subway in 1997, and the millennium plot to bomb Los Angeles International Airport on December 31, 1999, traveled across international borders to plan and carry out these attacks.
(4) Many of the international terrorists who planned and carried out large-scale attacks against foreign targets, including the attack in Bali, Indonesia, on October 11, 2002, and the attack in Madrid, Spain, on March 11, 2004, traveled across international borders to plan and carry out these attacks.
(5) Throughout the 1990s, international terrorists, including those involved in the attack on the World Trade Center on February 26, 1993, the plot to bomb New York City landmarks in 1993, and the millennium plot to bomb Los Angeles International Airport on December 31, 1999, traveled on fraudulent passports and often had more than one passport.
(6) Two of the September 11, 2001, hijackers were carrying passports that had been manipulated in a fraudulent manner and several other hijackers whose passports did not survive the attacks on the World Trade Center and Pentagon were likely to have carried passports that were similarly manipulated.
(7) The National Commission on Terrorist Attacks upon the United States, (commonly referred to as the 9/11 Commission), stated that `Targeting travel is at least as powerful a weapon against terrorists as targeting their money.'.
(b) International Agreements to Track and Curtail Terrorist Travel-
(1) INTERNATIONAL AGREEMENT ON LOST, STOLEN, OR FALSIFIED DOCUMENTS- The President shall lead efforts to track and curtail the travel of terrorists by supporting the drafting, adoption, and implementation of international agreements, and by supporting the expansion of existing international agreements, to track and stop international travel by terrorists and other criminals through the use of lost, stolen, or falsified documents to augment existing United Nations and other international anti-terrorism efforts.
(2) CONTENTS OF INTERNATIONAL AGREEMENT- The President shall seek, in the appropriate fora, the drafting, adoption, and implementation of an effective international agreement requiring--
(A) the establishment of a system to share information on lost, stolen, and fraudulent passports and other travel documents for the purposes of preventing the undetected travel of persons using such passports and other travel documents that were obtained improperly;
(B) the establishment and implementation of a real-time verification system of passports and other travel documents with issuing authorities;
(C) the assumption of an obligation by countries that are parties to the agreement to share with officials at ports of entry in any such country information relating to lost, stolen, and fraudulent passports and other travel documents;
(D) the assumption of an obligation by countries that are parties to the agreement--
(i) to criminalize--
(I) the falsification or counterfeiting of travel documents or breeder documents for any purpose;
(II) the use or attempted use of false documents to obtain a visa or cross a border for any purpose;
(III) the possession of tools or implements used to falsify or counterfeit such documents;
(IV) the trafficking in false or stolen travel documents and breeder documents for any purpose;
(V) the facilitation of travel by a terrorist; and
(VI) attempts to commit, including conspiracies to commit, the crimes specified above;
(ii) to impose significant penalties so as to appropriately punish violations and effectively deter these crimes; and
(iii) to limit the issuance of citizenship papers, passports, identification documents, and the like to persons whose identity is proven to the issuing authority, who have a bona fide entitlement to or need for such documents, and who are not issued such documents principally on account of a disproportional payment made by them or on their behalf to the issuing authority;
(E) the provision of technical assistance to State Parties to help them meet their obligations under the convention;
(F) the establishment and implementation of a system of self-assessments and peer reviews to examine the degree of compliance with the convention; and
(G) an agreement that would permit immigration and border officials to confiscate a lost, stolen, or falsified passport at ports of entry and permit the traveler to return to the sending country without being in possession of the lost, stolen, or falsified passport, and for the detention and investigation of such traveler upon the return of the traveler to the sending country.
(3) INTERNATIONAL CIVIL AVIATION ORGANIZATION- The United States shall lead efforts to track and curtail the travel of terrorists by supporting efforts at the International Civil Aviation Organization to continue to strengthen the security features of passports and other travel documents.
(c) Report-
(1) IN GENERAL- Not later than one year after the date of the enactment of this Act, and at least annually thereafter, the President shall submit to the appropriate congressional committees a report on progress toward achieving the goals described in subsection (b).
(2) TERMINATION- Paragraph (1) shall cease to be effective when the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the goals described in subsection (b) have been fully achieved.
SEC. 3089. INTERNATIONAL STANDARDS FOR TRANSLATION OF NAMES INTO THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND NAME-BASED WATCHLIST SYSTEMS.
(a) Findings- Congress finds that--
(1) the current lack of a single convention for translating Arabic names enabled some of the 19 hijackers of aircraft used in the terrorist attacks against the United States that occurred on September 11, 2001, to vary the spelling of their names to defeat name-based terrorist watchlist systems and to make more difficult any potential efforts to locate them; and
(2) although the development and utilization of terrorist watchlist systems using biometric identifiers will be helpful, the full development and utilization of such systems will take several years, and name-based terrorist watchlist systems will always be useful.
(b) Sense of Congress- It is the sense of Congress that the President should seek to enter into an international agreement to modernize and improve standards for the translation of names into the Roman alphabet in order to ensure one common spelling for such names for international travel documents and name-based watchlist systems.
SEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Finding- Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, the 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 Act of 2001 (Public Law 107-56).
(2) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security 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 the enactment of this Act, the Secretary of Homeland Security shall integrate the biometric entry and exit data system with all databases and data systems maintained by U.S. 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 of Homeland Security, 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, the 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- For purposes of this section, 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 of Homeland Security 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 of Homeland Security 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 the enactment of this Act, the Secretary of Homeland Security shall submit to the Congress a report describing the Department of Homeland Security's progress on the development and implementation of the plan required by this subsection.
(f) INTEGRATED BIOMETRIC ENTRY-EXIT SCREENING SYSTEM- With respect to the biometric entry and exit data system referred to in subsections (a) and (b), such system shall accomplish the following:
(1) Ensure that the system's tracking capabilities encompass data related to all immigration benefits processing, including visa applications with the Department of State, immigration related filings with the Department of Labor, cases pending before the Executive Office for Immigration review, and matters pending or under investigation before the Department of Homeland Security.
(2) Utilize a biometric based identity number tied to an applicant's biometric algorithm established under the entry and exit data system to track all immigration related matters concerning the applicant.
(3) Provide that all information about an applicant's immigration related history, including entry and exit history, can be queried through electronic means. Database access and usage guidelines shall include stringent safeguards to prevent misuse of data.
(4) Provide real-time updates to the information described in paragraph (3), including pertinent data from all agencies referenced in paragraph (1).
(5) Limit access to the information described in paragraph (4) (and any other database used for tracking immigration related processing or entry and exit) to personnel explicitly authorized to do so, and ensure that any such access may be ascertained by authorized persons by review of the person's access authorization code or number.
(6) Provide continuing education in counterterrorism techniques, tools, and methods for all Federal personnel employed in the evaluation of immigration documents and immigration-related policy.
(g) ENTRY-EXIT SYSTEM GOALS- The Department of Homeland Security shall continue to implement the system described in subsections (a) and (b) in such a manner that it fulfills the following goals:
(1) Serves as a vital counterterrorism tool.
(2) Screens travelers efficiently and in a welcoming manner.
(3) Provides inspectors and related personnel with adequate real-time information.
(4) Ensures flexibility of training and security protocols to most effectively comply with security mandates.
(5) Integrates relevant databases and plans for database modifications to address volume increase and database usage.
(6) Improves database search capacities by utilizing language algorithms to detect alternate names.
(h) DEDICATED SPECIALISTS AND FRONT LINE PERSONNEL TRAINING- In implementing the provisions of subsections (f) and (g), the Department of Homeland Security and the Department of State shall--
(1) develop cross-training programs that focus on the scope and procedures of the entry and exit data system;
(2) provide extensive community outreach and education on the entry and exit data system's procedures;
(3) provide clear and consistent eligibility guidelines for applicants in low-risk traveler programs; and
(4) establish ongoing training modules on immigration law to improve adjudications at our ports of entry, consulates, and embassies.
(i) INFORMATION ACCURACY STANDARDS-
(1) AUTHORIZED OFFICERS- Any information placed in the entry and exit data system shall be entered by authorized officers in compliance with established procedures that guarantee the identification of the person placing the information.
(2) DATA COLLECTED FROM FOREIGN NATIONALS- The Secretary of Homeland Security, the Secretary of State, and the Attorney General, after consultation with directors of the relevant intelligence agencies, shall standardize the information and data collected from foreign nationals as well as the procedures utilized to collect such data to ensure that the information is consistent and of value to officials accessing that data across multiple agencies.
(j) ACCESSIBILITY- The Secretary of Homeland Security, the Secretary of State, the Attorney General, and the head of any other department or agency that possesses authority to enter data related to the immigration status of foreign nationals, including lawful permanent resident aliens, or where such information could serve to impede lawful admission of United States citizens to the United States, shall each establish guidelines related to data entry procedures. Such guidelines shall--
(1) strictly limit the agency personnel authorized to enter data into the system;
(2) identify classes of information to be designated as temporary or permanent entries, with corresponding expiration dates for temporary entries; and
(3) identify classes of prejudicial information requiring additional authority of supervisory personnel prior to entry.
(k) SYSTEM ADAPTABILITY-
(1) IN GENERAL- Each agency authorized to enter data related to the immigration status of any persons identified in subsection (f) shall develop and implement system protocols to--
(A) correct erroneous data entries in a timely and effective manner;
(B) clarify information known to cause false hits or misidentification errors; and
(C) update all relevant information that is dispositive to the adjudicatory or admission process.
(2) CENTRALIZING AND STREAMLINING CORRECTION PROCESS- The President or agency director so designated by the President shall establish a clearinghouse bureau as part of the Department of Homeland Security to centralize and streamline the process through which members of the public can seek corrections to erroneous or inaccurate information related to immigration status, or which otherwise impedes lawful admission to the United States, contained in agency databases. Such process shall include specific time schedules for reviewing data correction requests, rendering decisions on such requests, and implementing appropriate corrective action in a timely manner.
(l) TRAINING- Agency personnel authorized to enter data pursuant to subsection (i)(1) shall undergo extensive training in immigration law and procedure.
(m) IMPLEMENTATION AUDIT- The Secretary of the Department of Homeland Security shall submit a report to the Congress not later than 6 months after the date of the enactment of this Act. The report shall detail activities undertaken to date to develop the biometric entry and exit data system, areas in which the system currently does not achieve the mandates set forth in this section, and the funding, infrastructure, technology and other factors needed to complete the system, as well as a detailed time frame in which the completion of the system will be achieved.
(n) REPORTS-
(1) JOINT BIANNUAL REPORTS- The Secretaries of the Departments of State and Homeland Security jointly shall report biannually to the Congress on the following:
(A) Current infrastructure and staffing at each port of entry and each consular post.
(B) The numbers of immigrant and nonimmigrant visas issued.
(C) the numbers of individuals subject to expedited removal at the ports of entry, as well as within 100 miles of the United States border.
(D) The plan for enhanced database review at entry.
(E) The number of suspected terrorists and criminals intercepted utilizing the biometric entry and exit data system.
(F) The funds spent in the preceding fiscal year to achieve the mandates of this section.
(G) Areas in which they failed to achieve these mandates, and the steps they are taking to address these deficiencies.
(2) PORTS OF ENTRY- For ports of entry, similar information shall be provided including the number of I-94s issued, immigrant visa admissions made, and nonimmigrant admissions.
(3) STATUS REPORT ON COMPLIANCE WITH ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT- Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of State, after consultation with the Director of the National Institute of Standards and Technology and the Commission on Interoperable Data Sharing, shall issue a report addressing the following:
(A) The status of agency compliance with the mandates set forth in section 202 of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1722).
(B) The status of agency compliance with section 201(c)(3) of such Act (8 U.S.C. 1721(c)(3)).
(4) STATUS REPORT ON COMPLIANCE WITH SECTION- Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, the Secretary of State, the Attorney General, and the head of any other department or agency bound by the mandates in this section, shall issue both individual status reports and a joint status report detailing compliance with each mandate contained in this section.
(o) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security, for each of the fiscal years 2005 through 2009, such sums as may be necessary to carry out the provisions of this section.
SEC. 3091. ENHANCED RESPONSIBILITIES OF THE COORDINATOR FOR COUNTERTERRORISM.
(a) DECLARATION OF UNITED STATES POLICY- Congress declares that it shall be the policy of the United States to--
(1) make combating terrorist travel and those who assist them a priority for the United States counterterrorism policy; and
(2) ensure that the information relating to individuals who help facilitate terrorist travel by creating false passports, visas, documents used to obtain such travel documents, and other documents are fully shared within the United States Government and, to the extent possible, with and from foreign governments, in order to initiate United States and foreign prosecutions of such individuals.
(b) AMENDMENT- Section 1(e)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)) is amended by adding at the end the following:
`(C) ADDITIONAL DUTIES RELATING TO TERRORIST TRAVEL- In addition to the principal duties of the Coordinator described in subparagraph (B), the Coordinator shall analyze methods used by terrorists to travel internationally, develop policies with respect to curtailing terrorist travel, and coordinate such policies with the appropriate bureaus and other entities of the Department of State, other United States Government agencies, the Human Trafficking and Smuggling Center, and foreign governments.'.
SEC. 3092. ESTABLISHMENT OF OFFICE OF VISA AND PASSPORT SECURITY IN THE DEPARTMENT OF STATE.
(a) Establishment- There is established within the Bureau of Diplomatic Security of the Department of State an Office of Visa and Passport Security (in this section referred to as the `Office').
(b) Head of Office-
(1) IN GENERAL- Notwithstanding any other provision of law, the head of the Office shall be an individual who shall have the rank and status of Deputy Assistant Secretary of State for Diplomatic Security (in this section referred to as the `Deputy Assistant Secretary').
(2) RECRUITMENT- The Under Secretary of State for Management shall chose the Deputy Assistant Secretary from among individuals who are Diplomatic Security Agents.
(3) QUALIFICATIONS- The Diplomatic Security Agent chosen to serve as the Deputy Assistant Secretary shall have expertise and experience in investigating and prosecuting visa and passport fraud.
(c) Duties-
(1) PREPARATION OF STRATEGIC PLAN-
(A) IN GENERAL- The Deputy Assistant Secretary, in coordination with the appropriate officials of the Department of Homeland Security, shall ensure the preparation of a strategic plan to target and disrupt individuals and organizations at home and in foreign countries that are involved in the fraudulent production, distribution, use, or other similar activity--
(i) of a United States visa or United States passport;
(ii) of documents intended to help fraudulently procure a United States visa or United States passport, or other documents intended to gain unlawful entry into the United States; or
(iii) of passports and visas issued by foreign countries intended to gain unlawful entry into the United States.
(B) EMPHASIS- Such plan shall--
(i) focus particular emphasis on individuals and organizations that may have links to domestic terrorist organizations or foreign terrorist organizations (as such term is defined in Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189));
(ii) require the development of a strategic training course under the Antiterrorism Assistance Training (ATA) program of the Department of State (or any successor or related program) under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions of law) to train participants in the identification of fraudulent documents and the forensic detection of such documents which may be used to obtain unlawful entry into the United States; and
(iii) determine the benefits and costs of providing technical assistance to foreign governments to ensure the security of passports, visas, and related documents and to investigate, arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas, documents to obtain such passports and visas, and other types of travel documents.
(2) DUTIES OF OFFICE- The Office shall have the following duties:
(A) ANALYSIS OF METHODS- Analyze methods used by terrorists to travel internationally, particularly the use of false or altered travel documents to illegally enter foreign countries and the United States, and advise the Bureau of Consular Affairs and the Secretary of Homeland Security on recommended changes to the visa issuance process that could combat such methods, including the introduction of new technologies into such process.
(B) IDENTIFICATION OF INDIVIDUALS AND DOCUMENTS- Identify, in cooperation with the Human Trafficking and Smuggling Center, individuals who facilitate travel by the creation of false passports and visas, documents used to obtain such passports and visas, and other types of travel documents, and ensure that the appropriate agency is notified for further investigation and prosecution or, in the case of such individuals abroad for which no further investigation or prosecution is initiated, ensure that all appropriate information is shared with foreign governments in order to facilitate investigation, arrest, and prosecution of such individuals.
(C) IDENTIFICATION OF FOREIGN COUNTRIES NEEDING ASSISTANCE- Identify foreign countries that need technical assistance, such as law reform, administrative reform, prosecutorial training, or assistance to police and other investigative services, to ensure passport, visa, and related document security and to investigate, arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas, documents used to obtain such passports and visas, and other types of travel documents.
(D) INSPECTION OF APPLICATIONS- Randomly inspect visa and passport applications for accuracy, efficiency, and fraud, especially at high terrorist threat posts, in order to prevent a recurrence of the issuance of visas to those who submit incomplete, fraudulent, or otherwise irregular or incomplete applications.
(3) REPORT- Not later than 90 days after the date of the enactment of this Act, the Deputy Assistant Secretary shall submit to Congress a report containing--
(A) a description of the strategic plan prepared under paragraph (1); and
(B) an evaluation of the feasibility of establishing civil service positions in field offices of the Bureau of Diplomatic Security to investigate visa and passport fraud, including an evaluation of whether to allow diplomatic security agents to convert to civil service officers to fill such positions.
Subtitle D--Terrorist Travel SEC. 3101. INFORMATION SHARING AND COORDINATION.
The Secretary of Homeland Security shall establish a mechanism to--
(1) ensure the coordination and dissemination of terrorist travel intelligence and operational information among the appropriate agencies within the Department of Homeland Security, including the Bureau of Customs and Border Protection, the Bureau of Immigration and Customs Enforcement, the Bureau of Citizenship and Immigration Services, the Transportation Security Administration, the Coast Guard, and other agencies as directed by the Secretary; and
(2) ensure the sharing of terrorist travel intelligence and operational information with the Department of State, the National Counterterrorism Center, and other appropriate Federal agencies.
SEC. 3102. TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center, shall establish a program to--
(1) analyze and utilize information and intelligence regarding terrorist travel tactics, patterns, trends, and practices; and
(2) disseminate that information to all front-line Department of Homeland Security personnel who are at ports of entry or between ports of entry, to immigration benefits offices, and, in coordination with the Secretary of State, to appropriate individuals at United States embassies and consulates.
SEC. 3103. TRAINING PROGRAM.
(a) Review, Evaluation, and Revision of Existing Training Programs- The Secretary of Homeland Security shall--
(1) review and evaluate the training currently provided to Department of Homeland Security personnel and, in consultation with the Secretary of State, relevant Department of State personnel with respect to travel and identity documents, and techniques, patterns, and trends associated with terrorist travel; and
(2) develop and implement a revised training program for border, immigration, and consular officials in order to teach such officials how to effectively detect, intercept, and disrupt terrorist travel.
(b) Required Topics of Revised Programs- The training program developed under subsection (a)(2) shall include training in the following areas:
(1) Methods for identifying fraudulent and genuine travel documents.
(2) Methods for detecting terrorist indicators on travel documents and other relevant identity documents.
(3) Recognizing travel patterns, tactics, and behaviors exhibited by terrorists.
(4) Effectively utilizing information contained in databases and data systems available to the Department of Homeland Security.
(5) Other topics determined to be appropriate by the Secretary of Homeland Security in consultation with the Secretary of State or the National Intelligence Director.
SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.
(a) Plan Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Congress a plan to ensure that the Department of Homeland Security and the Department of State 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.
(b) Interoperability Requirement- To the extent possible, technologies to be acquired and deployed under the plan shall be compatible with current systems used by the Department of Homeland Security to detect and identify fraudulent documents and genuine documents.
(c) Passport Screening- The plan shall address the feasibility of using such technologies to screen passports submitted for identification purposes to a United States consular, border, or immigration official.
Subtitle E--Maritime Security Requirements SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARITIME SECURITY REQUIREMENTS.
(a) National Maritime Transportation Security Plan- Section 70103(a) of the 46, United States Code, is amended by striking `The Secretary' and inserting `Not later than December 31, 2004, the Secretary'.
(b) Facility and Vessel Vulnerability Assessments- Section 70102(b)(1) of the 46, United States Code, is amended by striking `, the Secretary' and inserting `and by not later than December 31, 2004, the Secretary'.
(c) Transportation Security Card Regulations- Section 70105(a) of the 46, United States Code, is amended by striking `The Secretary' and inserting `Not later than December 31, 2004, the Secretary'.
Subtitle F--Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad SEC. 3121. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD.
(a) INADMISSIBILITY- Section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
(1) in clause (ii), by striking `has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is inadmissible' and inserting `ordered, incited, assisted, or otherwise participated in conduct outside the United States that would, if committed in the United States or by a United States national, be genocide, as defined in section 1091(a) of title 18, United States Code, is inadmissible';
(2) by adding at the end the following:
`(iii) COMMISSION OF ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS- Any alien who, outside the United States, has committed, ordered, incited, assisted, or otherwise participated in the commission of--
`(I) any act of torture, as defined in section 2340 of title 18, United States Code; or
`(II) under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note);
is inadmissible.'; and
(3) in the subparagraph heading, by striking `PARTICIPANTS IN NAZI PERSECUTION OR GENOCIDE' and inserting `PARTICIPANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING'.
(b) DEPORTABILITY- Section 237(a)(4)(D) of such Act (8 U.S.C. 1227(a)(4)(D)) is amended--
(1) by striking `clause (i) or (ii)' and inserting `clause (i), (ii), or (iii)'; and
(2) in the subparagraph heading, by striking `ASSISTED IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE' and inserting `PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to offenses committed before, on, or after the date of the enactment of this Act.
SEC. 3122. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
(a) GROUND OF INADMISSIBILITY- Section 212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to read as follows:
`(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM- Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402), is inadmissible.'.
(b) GROUND OF DEPORTABILITY- Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following:
`(E) PARTICIPATED IN THE COMMISSION OF SEVERE VIOLATIONS OF RELIGIOUS FREEDOM- Any alien described in section 212(a)(2)(G) is deportable.'.
SEC. 3123. WAIVER OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)) is amended--
(1) in subparagraph (A), by striking `and 3(E)' and inserting `and clauses (i) and (ii) of paragraph (3)(E)'; and
(2) in subparagraph (B), by striking `and 3(E)' and inserting `and clauses (i) and (ii) of paragraph (3)(E)'.
SEC. 3124. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended--
(1) by striking the period at the end of paragraph (8) and inserting `; and'; and
(2) by adding at the end the following:
`(9) one who at any time has engaged in conduct described in section 212(a)(3)(E) (relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture or extrajudicial killings) or 212(a)(2)(G) (relating to severe violations of religious freedom).'.
SEC. 3125. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT- Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following:
`(h)(1) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of Special Investigations with the authority to detect and investigate, and, where appropriate, to take legal action to denaturalize any alien described in section 212(a)(3)(E).
`(2) The Attorney General shall consult with the Secretary of the Department of Homeland Security in making determinations concerning the criminal prosecution or extradition of aliens described in section 212(a)(3)(E).
`(3) In determining the appropriate legal action to take against an alien described in section 212(a)(3)(E), consideration shall be given to--
`(A) the availability of criminal prosecution under the laws of the United States for any conduct that may form the basis for removal and denaturalization; or
`(B) the availability of extradition of the alien to a foreign jurisdiction that is prepared to undertake a prosecution for such conduct.'.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated to the Department of Justice such sums as may be necessary to carry out the additional duties established under section 103(h) of the Immigration and Nationality Act (as added by this subtitle) in order to ensure that the Office of Special Investigations fulfills its continuing obligations regarding Nazi war criminals.
(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
SEC. 3126. REPORT ON IMPLEMENTATION.
Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Homeland Security, shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on implementation of this subtitle that includes a description of--
(1) the procedures used to refer matters to the Office of Special Investigations and other components within the Department of Justice and the Department of Homeland Security in a manner consistent with the amendments made by this subtitle;
(2) the revisions, if any, made to immigration forms to reflect changes in the Immigration and Nationality Act made by the amendments contained in this subtitle; and
(3) the procedures developed, with adequate due process protection, to obtain sufficient evidence to determine whether an alien may be inadmissible under the terms of the amendments made by this subtitle.
Subtitle G--Security Barriers SEC. 3131. EXPEDITED COMPLETION OF SECURITY BARRIERS.
(a) In General- In order to construct the physical barriers and roads described in section 102 of the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208, div. C), the tracts of land described in subsection (b) shall be exempt from the requirements of the provisions listed in subsection (c).
(b) Legal Description- The tracts of land referred to in subsection (a) are as follows:
(1) ZONE WEST- A tract of land situated within Section 2, 3, 4, 5, 7, 8, 9, 10, and 11, Township 19 South, Range 2 West of the San Bernadino Meridian, within the County of San Diego, State of California, more particularly described as follows: Beginning at the Southwest corner of Fractional Section 7, T19S, R2W; said Point-of-Beginning being on the United States/Mexico International Boundary Line and also being a point of mean sea level of the Pacific Ocean (at Borderfield State Park); thence, N 02«3100 W, a distance of approximately 800.00 feet to a point. Thence, N 84«4408 E, a distance of approximately 1,845.12 feet to a point. Said point being on the Section line common to Section 7 and 8, T19S, R2W. Thence, S 01«0510 W, along said Section line, a distance of approximately 270.62 feet to a point. Thence, S 89«4943 E, a distance of approximately 1,356.50 feet to a point. Thence, N 45«3458 E, a distance of approximately 1,901.75 feet to a point. Said point being on the Section line common to Sections 5 and 8, T19S, R2W. Thence, N 00«0000 E, a distance of approximately 300.00 feet to a point. Thence, S 89«5453 E, a distance of approximately 1,322.05 feet to a point. Thence, S 00«2527 W, a distance of approximately 300.00 feet to a point. Said point being on the Section line common to Sections 5 and 8, T19S, R2W. Thence, S 89«3709 E, along the Section line common to Section 4, 5, 8, and 9, T19S, R2W, a distance of approximately 5,361.32 feet to a point. Thence, N 00«1259 E, a distance of approximately 400.00 feet to a point. Thence, N 90«0000 E, a distance of approximately 1,349.81 feet to a point. Said point being on the Section line common to Sections 3 and 4, T19S, R2W. Thence, S 00«3002 W, a distance of approximately 410.37 feet to a point. Said point being the Section corner common to Sections 3, 4, 9, and 10, T19S, R2W. Thence, S 89«3611 E, along the Section line common to Sections 2, 3, 10, and 11, T19S, R2W, a distance of approximately 6,129.36 feet to a point. Thence, along the arc of a curve to the left, having a radius of 518.88 feet, and a distance of 204.96 feet to a point. Thence, S 89«5941 E, a distance of approximately 258.66 feet to a point. Thence, S 00«0000 E, a distance of approximately 111.74 feet to a point. Said point being within the NW 1/4 of fractional section 11, T19S, R2W, on the United States/Mexico International Boundary. Thence, S 84«4120 W, along said United States/Mexico International Boundary, a distance of approximately 19,210.48 feet to the Point-of-Beginning. Said tract of land containing an area of 396.61 acre, more or less.
(2) ZONE EAST- A tract of land situated within Section 32 and 33, Township 18 South, Range 1 East of the San Bernadino Meridian, County of San Diego, State of California, and being described as follows: Beginning at the 1/4 Section line of Section 32, T18S, R1E. Said Point-of-Beginning being on the United States/Mexico International Boundary Line and having a coordinate value of X = 6360877.25 Y = 1781730.88. Thence, N 00«3202 W, a distance of approximately 163.56 feet to a point. Thence, N 78«3317 E, a distance of approximately 1,388.23 feet to a point. Thence, N 84«3731 E, a distance of approximately 1,340.20 feet to a point. Thence, N 75«0000 E, a distance of approximately 1,000.00 feet to a point. Thence, S 88«0607 E, a distance of approximately 1,806.81 feet to a point. Thence, N 80«0000 E, a distance of approximately 1,050.00 feet to a point. Thence, N 87«0000 E, a distance of approximately 1,100.00 feet to a point. Thence, S 00«0000 W, a distance of approximately 300.00 feet to a point. Said point being on the United States/Mexico International boundary. Thence, S 84«4409 W, along said boundary, a distance of approximately 7,629.63 to the Point-of-Beginning. Said tract of land having an area of approximately 56.60 acres more or less.
(c) Exemption From Certain Requirements- The provisions referred to in subsection (a) areas as follows:
(1) Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), as amended by Quiet Communities of 1978 (P.L. 95-609).
(2) Clean Air Act and amendments of 1990 (42 U.S.C. 7401-7671q).
(3) Clean Water Act of 1977 (33 U.S.C. 1342).
(4) Executive Order No. 11988 (Floodplain Management), as amended by Executive Order No. 12608.
(5) Executive Order No. 11990 (Protection of Wetlands), as amended by Executive Order No. 12608.
(6) Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)).
(7) Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901-6992k) as amended by Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616; 98 Stat. 3221).
(8) Comprehensive, Environmental Response, Compensation, Liability Act of 1980 (42 U.S.C. 9601-9675), as amended by Emergency Planning and Community Right-To-Know-Act of 1986 (42 U.S.C. 11001 et seq.).
(9) Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.).
(10) Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1544).
(11) Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712).
(12) Bald and Golden Eagle Act of 1940, as amended (16 U.S.C. 688-688d).
(13) National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), as amended Executive Order No. 13007--Sacred Sites Presidential Memorandum regarding government to Government Relations (April 29, 1994).
(14) Native American Graves Protection and Repatriation Act (43 CFR Part 10).
(15) Archeological Resources Protection Act of 1979 (16 U.S.C. 470aa-470ii).
(16) Executive Order No. 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) of 1994.
TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION
Subtitle A--Attack Terrorists and Their Organizations CHAPTER 1--PROVISIONS RELATING TO TERRORIST SANCTUARIES
SEC. 4001. UNITED STATES POLICY ON TERRORIST SANCTUARIES.
It is the sense of Congress that it should be the policy of the United States--
(1) to identify and prioritize foreign countries that are or that could be used as terrorist sanctuaries;
(2) to assess current United States resources being provided to such foreign countries;
(3) to develop and implement a coordinated strategy to prevent terrorists from using such foreign countries as sanctuaries; and
(4) to work in bilateral and multilateral fora to prevent foreign countries from being used as terrorist sanctuaries.
SEC. 4002. REPORTS ON TERRORIST SANCTUARIES.
(a) Initial Report-
(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the President shall transmit to Congress a report that describes a strategy for addressing and, where possible, eliminating terrorist sanctuaries.
(2) CONTENT- The report required under this subsection shall include the following:
(A) A list that prioritizes each actual and potential terrorist sanctuary and a description of activities in the actual and potential sanctuaries.
(B) An outline of strategies for preventing the use of, disrupting, or ending the use of such sanctuaries.
(C) A detailed description of efforts, including an assessment of successes and setbacks, by the United States to work with other countries in bilateral and multilateral fora to address or eliminate each actual or potential terrorist sanctuary and disrupt or eliminate the security provided to terrorists by each such sanctuary.
(D) A description of long-term goals and actions designed to reduce the conditions that allow the formation of terrorist sanctuaries.
(b) Subsequent Reports-
(1) REQUIREMENT OF REPORTS- Section 140(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)(1)) is amended--