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108th Congress                                            Rept. 108-724
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     Part VI
_______________________________________________________________________

                                     


                         9/11 RECOMMENDATIONS 
                           IMPLEMENTATION ACT

                               ----------                              

                          SUPPLEMENTAL REPORT

                                 of the

                       COMMITTEE ON THE JUDICIARY
                        HOUSE OF REPRESENTATIVES

                              to accompany

                                H.R. 10


                             together with

               DISSENTING AND ADDITIONAL DISSENTING VIEWS




               November 16, 2004.--Ordered to be printed
                9/11 RECOMMENDATIONS IMPLEMENTATION ACT


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108th Congress 
 2d Session             HOUSE OF REPRESENTATIVES          Rept. 108-724
                                                                Part VI
_______________________________________________________________________

                                     


                         9/11 RECOMMENDATIONS 
                           IMPLEMENTATION ACT

                               __________

                          SUPPLEMENTAL REPORT

                                 of the

                       COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES

                              to accompany

                                H.R. 10


                             together with

               DISSENTING AND ADDITIONAL DISSENTING VIEWS




               November 16, 2004.--Ordered to be printed


108th Congress                                            Rept. 108-724
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     Part VI

======================================================================



 
                9/11 RECOMMENDATIONS IMPLEMENTATION ACT

                                _______
                                

               November 16, 2004.--Ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                          SUPPLEMENTAL REPORT

                             together with

               DISSENTING AND ADDITIONAL DISSENTING VIEWS

                         [To accompany H.R. 10]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 10) to provide for reform of the intelligence community, 
terrorism prevention and prosecution, border security, and 
international cooperation and coordination, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................   163
Background and Need for the Legislation..........................   164
Amendments Adopted in Committee..................................   200
Hearings.........................................................   203
Committee Consideration..........................................   203
Vote of the Committee............................................   203
Committee Oversight Findings.....................................   213
New Budget Authority and Tax Expenditures........................   213
Congressional Budget Office Cost Estimate........................   213
Performance Goals and Objectives.................................   231
Constitutional Authority Statement...............................   231
Section-by-Section Analysis and Discussion.......................   231
Changes in Existing Law Made by the Bill, as Reported............   245
Markup Transcript................................................   245
Dissenting Views.................................................   811
Additional Dissenting Views......................................   845

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

   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.

              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.

             TITLE II--TERRORISM PREVENTION AND PROSECUTION

     Subtitle A--Individual Terrorists as Agents of Foreign Powers

Sec. 2001. Presumption that certain non-United States persons engaging 
in international terrorism are agents of foreign powers for purposes of 
the Foreign Intelligence Surveillance Act of 1978.

       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.
Sec. 2054. Proliferation of weapons of mass destruction.
Sec. 2055. Sense of Congress regarding international 
counterproliferation efforts.
Sec. 2056. Removal of potential nuclear weapons materials from 
vulnerable sites worldwide.

          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.

             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.

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. Extremely hazardous materials transportation security.
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. Nuclear facility threats.
Sec. 2195. Authorization and Change of COPS Program to single Grant 
Program.

                       Subtitle I--Police Badges

Sec. 2201. Short title.
Sec. 2202. Police badges.

            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. Alien identification standards.
Sec. 3006. Expedited removal.
Sec. 3007. Preventing terrorists from obtaining asylum.
Sec. 3008. Revocation of visas and other travel documentation.
Sec. 3009. Judicial review of orders of removal.

    Chapter 2--Deportation of Terrorists and Supporters of Terrorism

Sec. 3031. Expanded inapplicability of restriction on removal.
Sec. 3032. Exception to restriction on removal for terrorists and 
criminals.
Sec. 3033. Additional removal authorities.

            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. Biometric entry-exit screening system.
Sec. 3092. Enhanced responsibilities of the Coordinator for 
Counterterrorism.
Sec. 3093. 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.

          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.
Sec. 4015. Sense of Congress and report regarding counter-drug efforts 
in Afghanistan.

         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 requirement for the Secretary of the 
Treasury.
Sec. 4113. International Terrorist Finance Coordinating Council.
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. Modification of homeland security advisory system.
Sec. 5005. Coordination of industry efforts.
Sec. 5006. Superseded provision.
Sec. 5007. Sense of Congress regarding interoperable communications.
Sec. 5008. Sense of Congress regarding citizen corps councils.
Sec. 5009. Study regarding nationwide emergency notification system.
Sec. 5010. Required coordination.

            Subtitle B--Government Reorganization Authority

Sec. 5021. Authorization of intelligence community reorganization 
plans.
Sec. 5022. Authority to enter into contracts and issue Federal loan 
guarantees.

   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.

            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--Management Authority

Sec. 5061. Management authority.

              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

Sec. 5081. Delegation authority of the Secretary of the Treasury.
Sec. 5082. Extension of emergency order authority of the securities and 
exchange commission.
Sec. 5083. Parallel authority of the Secretary of the Treasury with 
respect to government securities.

                       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.
Sec. 5093. Data-mining report.
Sec. 5094. Privacy and civil liberties oversight board.

            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.

                    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.

             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.
Nothing in this Act 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 National Intelligence Council.
            ``(I) The General Counsel to the National Intelligence 
        Director.
            ``(J) 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) 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.
    ``(j) National Intelligence Council.--(1) Within the Office of the 
Deputy National Intelligence Director for Operations, 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 
and report to the Deputy National Intelligence Director for Operations.
    ``(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, which shall include as a part of such 
        estimates in their entirety, alternative views, if any, 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 responsibility of the National Intelligence 
        Director to provide national intelligence.
    ``(4) Within their respective areas of expertise and under the 
direction of the Deputy National Intelligence Director for Operations, 
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 Deputy National 
Intelligence Director for Operations, the National Intelligence Council 
may carry out its responsibilities under this section by contract, 
including contracts for substantive experts necessary to assist the 
Council with particular assessments under this subsection.
    ``(6) The Deputy National Intelligence Director for Operations 
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 section.
    ``(7) 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.
    ``(k) 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.
    ``(l) 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) assist the Deputy National Intelligence Director for 
        Community Management and Resources in developing and 
        implementing an integrated information technology network;
            ``(B) develop an enterprise architecture for the 
        intelligence community and assist the Deputy National 
        Intelligence Director for Community Management and Resources in 
        ensuring that elements of the intelligence community comply 
        with such architecture;
            ``(C) have procurement approval authority over all 
        enterprise architecture-related information technology items 
        funded in the National Intelligence Program;
            ``(D) 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;
            ``(E) 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;
            ``(F) 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;
            ``(G) ensure that within and between the elements of the 
        National Intelligence Program, duplicative and unnecessary 
        information technology and national security systems are 
        eliminated; and
            ``(H) 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
            ``(I) 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.
                     ``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 of 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).
    ``(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 that officer's 
        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 National Intelligence Director as of the date of the enactment of 
this Act.
    (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.

   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 
        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 support operational responsibilities assigned to 
        lead agencies for counterterrorism activities by ensuring that 
        such agencies have access to and receive intelligence needed to 
        accomplish their assigned activities.
            ``(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.
    ``(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.''.

              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).

             TITLE II--TERRORISM PREVENTION AND PROSECUTION

     Subtitle A--Individual Terrorists as Agents of Foreign Powers

SEC. 2001. PRESUMPTION THAT CERTAIN NON-UNITED STATES PERSONS ENGAGING 
                    IN INTERNATIONAL TERRORISM ARE AGENTS OF FOREIGN 
                    POWERS FOR PURPOSES OF THE FOREIGN INTELLIGENCE 
                    SURVEILLANCE ACT OF 1978.

    (a) Presumption.--(1) The Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) is amended by inserting after section 101 
the following new section:
``presumption of treatment of certain non-united states persons engaged 
         in international terrorism as agents of foreign powers
    ``Sec. 101A. Upon application by the Federal official applying for 
an order under this Act, the court may presume that a non-United States 
person who is knowingly engaged in sabotage or international terrorism, 
or activities that are in preparation therefor, is an agent of a 
foreign power under section 101(b)(2)(C).''.
    (2) The table of contents for that Act is amended by inserting 
after the item relating to section 101 the following new item:

``Sec. 101A. Presumption of treatment of certain non-United States 
persons engaged in international terrorism as agents of foreign 
powers.''.
    (b) Sunset.--The amendments made by subsection (a) shall be subject 
to the sunset provision in section 224 of the USA PATRIOT Act of 2001 
(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)''.

SEC. 2054. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Al Qaeda has tried to acquire or make weapons of mass 
        destruction since 1994 or earlier.
            (2) The United States doubtless would be a prime target for 
        use of any such weapon by al Qaeda.
            (3) Although the United States Government has redoubled its 
        international commitments to supporting the programs for 
        Cooperative Threat Reduction and other nonproliferation 
        assistance programs, nonproliferation experts continue to 
        express deep concern about the United States Government's 
        commitment and approach to securing the weapons of mass 
        destruction and related highly dangerous materials that are 
        still scattered among Russia and other countries of the former 
        Soviet Union.
            (4) The cost of increased investment in the prevention of 
        proliferation of weapons of mass destruction and related 
        dangerous materials is greatly outweighed by the potentially 
        catastrophic cost to the United States of use of weapons of 
        mass destruction or related dangerous materials by the 
        terrorists who are so eager to acquire them.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) maximum effort to prevent the proliferation of weapons 
        of mass destruction, wherever such proliferation may occur, is 
        warranted; and
            (2) the programs of the United States Government to prevent 
        or counter the proliferation of weapons of mass destruction, 
        including the Proliferation Security Initiative, the programs 
        for Cooperative Threat Reduction, and other nonproliferation 
        assistance programs, should be expanded, improved, and better 
        funded to address the global dimensions of the proliferation 
        threat.
    (c) Requirement for Strategy.--Not later than 180 days after the 
date of the enactment of this Act, the President shall submit to 
Congress--
            (1) a strategy for expanding and strengthening the 
        Proliferation Security Initiative, the programs for Cooperative 
        Threat Reduction, and other nonproliferation assistance 
        programs; and
            (2) an estimate of the funding necessary to execute that 
        strategy.
    (d) Report on Reforming the Cooperative Threat Reduction Program 
and Other Non-proliferation Assistance Programs.--Not later than 180 
days after the date of the enactment of this Act, the President shall 
submit to Congress a report evaluating whether the United States could 
more effectively address the global threat of nuclear proliferation 
by--
            (1) establishing a central coordinator for the programs for 
        Cooperative Threat Reduction;
            (2) eliminating the requirement that the President spend no 
        more than $50,000,000 annually on programs for Cooperative 
        Threat Reduction and other non-proliferation assistance 
        programs carried out outside the former Soviet Union; or
            (3) repealing the provisions of the Soviet Nuclear Threat 
        Reduction Act of 1991 (22 U.S.C. 2551 note) that place 
        conditions on assistance to the former Soviet Union unrelated 
        to bilateral cooperation on weapons dismantlement.

SEC. 2055. SENSE OF CONGRESS REGARDING INTERNATIONAL 
                    COUNTERPROLIFERATION EFFORTS.

    It is the sense of Congress that the United States should work with 
the international community to develop laws and an international legal 
regime with universal jurisdiction to enable the interdiction of 
nuclear material and technology, and the capture, interdiction, and 
prosecution of individuals or entities involved in the smuggling or 
transfer of nuclear material or technology to any state in the world 
where they do not fully disclose the nature of their nuclear program.

SEC. 2056. REMOVAL OF POTENTIAL NUCLEAR WEAPONS MATERIALS FROM 
                    VULNERABLE SITES WORLDWIDE.

    (a) Sense of Congress.--It is the sense of Congress that removing 
potential nuclear weapons materials from vulnerable sites around the 
world would reduce the possibility that such materials could fall into 
the hands of al Qaeda or other groups and states hostile to the United 
States, and should be a top priority for achieving the national 
security of the United States. Several actions may be taken to reduce 
the risk that nuclear weapons materials may end up in terrorist hands, 
including--
            (1) transporting such materials from such sites to secure 
        facilities;
            (2) providing interim security upgrades for such materials 
        pending their removal from their current sites;
            (3) managing such materials after their arrival at secure 
        facilities;
            (4) purchasing such materials;
            (5) converting such sites to the use of low-enriched 
        uranium fuels;
            (6) assisting in the closure and decommissioning of such 
        sites;
            (7) providing incentives to facilitate the removal of such 
        materials from vulnerable facilities;
            (8) arranging for the shipment of potential nuclear weapons 
        materials to the United States, or to other countries willing 
        to accept such materials and able to provide high levels of 
        security for such materials, and dispose of such materials, in 
        order to ensure that United States national security objectives 
        are accomplished as quickly and effectively as possible; and
            (9) providing funds to upgrade security and accounting at 
        sites where potential nuclear weapons materials will remain for 
        an extended period in order to ensure that such materials are 
        secure against plausible potential threats, and will remain so 
        in the future.
    (b) Report.--
            (1) Not later than 30 days after the submittal to Congress 
        of the budget of the President for fiscal year 2006 pursuant to 
        section 1105(a) of title 31, United States Code, the 
        administration shall submit to Congress a report that includes 
        the following:
                    (A) A list of the sites determined to be of the 
                highest priorities for removal of potential nuclear 
                weapons materials, based on the quantity and 
                attractiveness of such materials at such sites and the 
                risk of theft or diversion of such materials for 
                weapons purposes.
                    (B) An inventory of all sites worldwide where 
                highly-enriched uranium or separated plutonium is 
                located, including, to the extent practicable, a 
                prioritized assessment of the terrorism and 
                proliferation risk posed by such materials at each such 
                site, based on the quantity of such materials, the 
                attractiveness of such materials for use in nuclear 
                weapons, the current level of security and accounting 
                for such materials, and the level of threat (including 
                the effects of terrorist or criminal activity and the 
                pay and morale of personnel and guards) in the country 
                or region where such sites are located.
                    (C) A strategic plan, including measurable 
                milestones and metrics.
                    (D) An estimate of the funds required to secure 
                these materials.
                    (E) The recommendations of the Administration on 
                whether any further legislative actions or 
                international agreements are necessary to facilitate 
                the accomplishment of the objective.
            (2) The report shall be submitted in unclassified form, but 
        may include a classified annex.
    (c) Potential Nuclear Weapons Material Defined.--In this section, 
the term ``potential nuclear weapons material'' means plutonium, 
highly-enriched uranium, or other material capable of sustaining an 
explosive nuclear chain reaction, including irradiated materials if the 
radiation field from such materials is not sufficient to prevent the 
theft and use of such materials for an explosive nuclear chain 
reaction.

          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:


 
 
 
``Fiscal year 2004....................................      $15,000,000
Fiscal year 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 subtitle 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