Winning the War on Terror Act of 2004 - Provides for increases in the numbers of U.S. special operations forces.
Provides counter-proliferation measures, including a Global Threat Reduction Initiative (to secure nuclear and radiological materials outside the United States) and radiological material threat assessments. Requires elimination of the U.S. chemical stockpile no later than the end of 2012.
Establishes a Terrorist Screening Center in the Federal Bureau of Investigation (FBI).
Secure Borders Act - Institutes, or modifies, measures related to: (1) border infrastructure and monitoring, transportation workers and cargo containers, and public and tribal lands; (2) identification document standards; (3) U.S. Immigration and Customs Enforcement staffing, detention and removal operations, informant aliens, and alien smuggling penalties; (4) Department of Homeland Security (DHS) foreign coordination, visa security, and the visa waiver program; and (5) immigration benefit functions, including identification techniques.
Authorizes the Secretary of Homeland Security (the Secretary) to make grants for public transportation security. Directs the Secretary to develop public transportation best practices, public awareness, and security plans.
Requires a Memorandum of Agreement between the Secretaries of Homeland Security and of Transportation concerning their respective roles in public transportation security matters.
Secure Containers from Overseas and Seaports from Terrorism Act or Secure COAST Act - Requires establishment of security standards and verification procedures for maritime cargo containers moving within the intermodal transportation system. Imposes validation and inspection requirements, including deployment of radiation detection portal equipment at all ports of entry and a staffing assessment.
Authorizes appropriations for port security grants and requires funding for an information sharing and analysis capability within the maritime industry.
Increases funding for Coast Guard components associated with the Integrated Deepwater System. Increases authorized Coast Guard active duty personnel levels.
Requires aviation security measures that include provision of checked baggage screening for explosives, phaseout of passenger "bag-matching" programs, technology assessment, a shipping companies database, wireless flight crew communications, a national transportation security strategy, and passenger watchlists.
Private Sector Preparedness Act of 2004 - Requires the Secretary of Homeland Security to develop and implement a private sector emergency preparedness program.
Sets forth requirements for promoting the sharing of intelligence and homeland security information.
Requires the Secretary to develop: (1) a plan for security critical infrastructure; and (2) a national biodefense strategy.
Rapid Pathogen Identification to Delivery of Cures Act - Requires a strategy and research programs to expedite the development and approval of countermeasures against novel or unknown pathogens or toxins.
Chemical Security Improvement Act of 2004 - Establishes procedures for assessment of the vulnerability of chemical sources to terrorist release and planning to address security concerns.
Authorizes establishment of a program to fund cybersecurity professional development programs. Creates a National Cybersecurity Office in DHS.
Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004 - Establishes an Office of Wireless Public Safety Interoperable Communications and a program to fund communications interoperability improvements.
Strengthening Homeland Innovation to Emphasize Liberty, Democracy, and Privacy Act or the SHIELD Privacy Act - Requires designation of a Chief Privacy Officer within the Office of Management and Budget and of an official primarily responsible for privacy policy in each executive branch agency.
Establishes a Commission on Privacy, Freedom, and Homeland Security and a Privacy and Civil Liberties Oversight Board.
Homeland Security Civil Rights and Civil Liberties Protection Act of 2004 - Revises DHS organizational provisions to institute certain civil rights and civil liberties safeguards.
Sets forth policies (and measures) regarding prevention of future international terrorism, including concerning: (1) the role of Pakistan; (2) the future of Afghanistan; (3) the U.S.-Saudi relationship; (4) politics, culture, and education in the Islamic world; and (5) the use of economic and trade policies as part of a comprehensive counterterrorism strategy.
Urges a comprehensive coalition strategy to fight Islamist terrorism.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5291 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5291
To win the war on terror.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2004
Mr. Turner of Texas (for himself, Ms. Loretta Sanchez of California,
Ms. Norton, Ms. McCarthy of Missouri, Ms. Jackson-Lee of Texas, Mrs.
Christensen, and Mr. Langevin) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committees on Armed Services, International Relations,
Judiciary, Ways and Means, Select Intelligence (Permanent Select),
Energy and Commerce, Government Reform, Science, and Select Homeland
Security, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To win the war on terror.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Winning the War on
Terror Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INCREASING SPECIAL FORCES
Sec. 2. Increase in special operations forces assigned to special
operations command.
Sec. 3. Annual report on special operations forces retention.
Sec. 4. Report on active and reserve mix for special operations forces
and special forces transformation.
TITLE II--STRENGTHENING COUNTER-PROLIFERATION
Sec. 11. Sense of Congress on counterproliferation programs.
Sec. 12. Global Threat Reduction Initiative.
Sec. 13. Cooperative Threat Reduction Initiative.
Sec. 14. Sense of Congress on Proliferation Security Initiative.
Sec. 15. Threat assessments on sources of radiological materials.
Sec. 16. Elimination of United States chemical stockpile.
TITLE III--IMPROVING THE TERRORIST SCREENING CENTER
Sec. 21. Targeting terrorist travel.
TITLE IV--IMPROVING BORDER SECURITY
Sec. 30. Short title.
Subtitle A--Securing Our Borders
Chapter 1--Infrastructure Enhancements
Sec. 31. Establishment of Land Border Infrastructure Improvement Fund.
Sec. 32. Requiring a vulnerability assessment of land ports of entry.
Sec. 33. Enhancing SENTRI, FAST, and NEXUS preenrollment programs.
Chapter 2--Enhancing Border Monitoring Technology
Sec. 35. Deployment of surveillance systems along the U.S.-Mexico
border.
Sec. 36. Deployment of surveillance systems along the U.S.-Canadian
border.
Sec. 37. Level of K-9 units.
Chapter 3--Ensuring Sufficient Well-Trained Personnel at Our Borders
Sec. 41. Double the number of CBP personnel.
Sec. 42. Assessing staffing needs at our borders.
Sec. 43. Additional and continuous training for inspectors.
Sec. 44. Requiring report on the ``One Face at the Border Initiative''.
Chapter 4--Establishing a Comprehensive Border Security Strategy
Sec. 51. Land border security strategy.
Sec. 52. Improved information sharing.
Sec. 53. Creation of northern and southern border coordinators.
Sec. 54. Smart Border Accord implementation.
Sec. 55. Sense of Congress on the period of admission for border
crossing card holders.
Chapter 5--Enhancing Border Security Programs
Sec. 61. Creating a more effective entry-exit system.
Sec. 62. Transportation worker identification card.
Sec. 63. Standards and verification procedures for the security of
intermodal cargo containers.
Sec. 64. Sense of Congress on the need for additional staff for the
United States Consulate-General in Mexico.
Chapter 6--Securing our Tribal and Federal Lands and Territories
Sec. 65. Office of Tribal Security.
Sec. 66. Transfer of ``Shadow Wolves'' from CPB to ICE.
Sec. 67. DHS and DOI coordination on border security; provision of
temporary authority to DHS to transfer
funds.
Subtitle B--Securing Identification Documents
Sec. 71. State identification document standards.
Sec. 72. Training in fraud detection and prevention for officers in
divisions of motor vehicles.
Subtitle C--Securing the Interior; Tools for Border Security
Chapter 1--Increase in Staff for ICE
Sec. 81. Personnel increase.
Sec. 82. ICE strategy and staffing assessment.
Chapter 2--Increase in Detention Space
Sec. 85. Increase in detention space.
Sec. 86. Sense of Congress regarding processing of criminal aliens
while incarcerated.
Sec. 87. Sense of Congress regarding increase in prosecutors and
immigration judges.
Chapter 3--Enhancing Law Enforcement Access to Informants
Sec. 91. New class of nonimmigrant aliens.
Sec. 92. Adjustment of status of nonimmigrant to that of person
admitted for permanent residence.
Chapter 4--Increased Penalties for Smuggling
Sec. 95. Combating aggravated alien smuggling.
Sec. 96. Increased criminal sentences and fines for alien smuggling.
Sec. 97. Increased penalty for smuggling.
Subtitle D--Beyond our Borders (International)
Chapter 1--Coordinating DHS Mission Overseas
Sec. 101. Office of International Affairs; effective and efficient
management and coordination of
international assignments.
Sec. 102. Creation of an Office of Overseas Service.
Chapter 2--Implementing a More Effective Visa Security Program
Sec. 105. Implementing a more effective visa security program.
Chapter 3--Securing the Visa Waiver Program
Sec. 106. Visa waiver program passenger screening; biographical checks.
Sec. 107. Defining security responsibilities of the Visa Waiver Program
Office.
Sec. 108. Additional and continuous training for inspectors in fraud
and imposter detection.
Sec. 109. Authorization of funds.
Subtitle E--Securing the Immigration Benefits Process
Sec. 111. Immigration ombudsman.
Sec. 112. CIS workflow, technology, and staffing assessment.
Sec. 113. Study on biometrics.
Sec. 114. Digitizing immigration functions.
Sec. 115. Study on digitizing immigration benefit applications.
TITLE V--STRENGTHENING RAIL SECURITY
Sec. 121. Public transportation system grants and training.
Sec. 122. Public transportation security plan, best practices, and
awareness.
Sec. 123. Memorandum of Agreement.
TITLE VI--STRENGTHENING PORT SECURITY
Sec. 130. Short title.
Subtitle A--Bureau of Customs and Border Protection security programs
Sec. 131. Amendments to the Homeland Security Act of 2002.
Subtitle B--Port Security
Sec. 135. Port security grant funding.
Sec. 136. Funding for collaborative program for development of maritime
information sharing and analysis
capability.
Sec. 137. Appropriate congressional committees defined.
Subtitle C--Strengthening the Coast Guard
Sec. 141. Acceleration of integrated deepwater program.
Sec. 142. Increase in authorized Coast Guard personnel.
Sec. 143. Sense of the Congress regarding naming new vessels under the
Deepwater Program for cities of the United
States.
TITLE VII--STRENGTHENING AVIATION SECURITY
Sec. 151. Passenger and baggage screening operations.
Sec. 152. Checked baggage security screening.
Sec. 153. Aviation security capital fund.
Sec. 154. Elimination of bag-match program as acceptable alternative
for checked baggage.
Sec. 155. Aviation security technologies.
Sec. 156. Inspection of cargo carried aboard passenger aircraft.
Sec. 157. Database on known shipping companies.
Sec. 158. Flight crew communication systems.
Sec. 159. National Strategy for Transportation Security.
Sec. 160. Use of watchlists for passenger air transportation screening.
TITLE VIII--IMPROVING PRIVATE SECTOR PREPAREDNESS
Sec. 161. Short title.
Sec. 162. Findings.
Sec. 163. Private sector emergency preparedness program.
TITLE IX--INCREASING INFORMATION SHARING
Sec. 165. Information sharing.
TITLE X--PROTECTING CRITICAL INFRASTRUCTURE
Sec. 171. Critical infrastructure evaluation and prioritization
program.
Sec. 172. Deadline for comprehensive national plan to secure critical
infrastructure and key assets.
Sec. 173. Regulatory authority.
Sec. 174. Best practices.
TITLE XI--DEFENDING AGAINST BIOTERRORISM
Subtitle A--National Biodefense Strategy
Sec. 181. National biodefense strategy.
Subtitle B--Development of Medical Countermeasures
Sec. 184. Short title.
Sec. 185. Findings and policy.
Sec. 186. Rapid biodefense countermeasures development national
strategy.
Sec. 187. Clinical research under emergency conditions.
Sec. 188. Interagency working group.
Sec. 189. Developing the capability for rapid biodefense countermeasure
development.
TITLE XII--CHEMICAL SECURITY IMPROVEMENT
Sec. 191. Short title.
Sec. 192. Definitions.
Sec. 193. Vulnerability assessments and site security plans.
Sec. 194. Whistleblower protection.
Sec. 195. Enforcement.
Sec. 196. Interagency technical support and cooperation.
Sec. 197. Penalties.
Sec. 198. No effect on requirements under other law.
TITLE XIII--IMPROVING CYBERSECURITY
Sec. 201. Cybersecurity training programs and equipment.
Sec. 202. Assistant Secretary for Cybersecurity.
TITLE XIV--ENABLING COMMUNICATIONS INTEROPERABILITY
Sec. 211. Short title.
Sec. 212. Findings; purposes.
Sec. 213. Establishment of the Office of Wireless Public Safety
Interoperable Communications.
Sec. 214. Interoperable communications technology grant program.
TITLE XV--STRENGTHENING PRIVACY PROTECTIONS WITHIN THE DEPARTMENT OF
HOMELAND SECURITY
Subtitle A--SHIELD Privacy Act
Sec. 221. Short title.
Sec. 222. Findings.
Sec. 223. Chief Privacy Officer.
Sec. 224. Privacy policy of departments and independent agencies.
Sec. 225. Commission on Privacy, Freedom, and Homeland Security.
Sec. 226. Privacy and Civil Liberties Oversight Board.
Subtitle B--Civil Rights and Civil Liberties
Sec. 231. Short title.
Sec. 232. Mission of Department of Homeland Security.
Sec. 233. Officer for Civil Rights and Civil Liberties.
Sec. 234. Protection of civil rights and civil liberties by Office of
Inspector General.
Sec. 235. Privacy officer.
TITLE XVI--PREVENTING THE RISE OF FUTURE TERRORISTS
Sec. 241. Role of Pakistan in countering terrorism.
Sec. 242. Aid to Afghanistan.
Sec. 243. The United States-Saudi Arabia relationship.
Sec. 244. Efforts to combat Islamic terrorism by engaging in the
struggle of ideas in the Islamic world.
Sec. 245. United States policy toward dictatorships.
Sec. 246. Promotion of United States values through broadcast media.
Sec. 247. Use of United States scholarship and exchange programs in the
Islamic world.
Sec. 248. International Youth Opportunity Fund.
Sec. 249. Report on the use of economic policies to combat terrorism.
Sec. 250. Middle East Partnership Initiative.
Sec. 251. Comprehensive coalition strategy for fighting terrorism.
TITLE I--INCREASING SPECIAL FORCES
SEC. 2. INCREASE IN SPECIAL OPERATIONS FORCES ASSIGNED TO SPECIAL
OPERATIONS COMMAND.
By the end of fiscal year 2014, the number of special operations
forces in the Armed Forces shall be increased by 50,000, which
represents a 50-percent increase over the number of special operations
forces in effect on September 30, 2004. Of the increased number of
personnel, half shall be active or reserve members who are directly
assigned to the unified combatant command for special operations
required by section 167 of title 10, United States Code, and the other
half shall be members of the Marine Corps who have completed special
operations training. There are authorized to be appropriated such sums
as are necessary to carry out this section.
SEC. 3. ANNUAL REPORT ON SPECIAL OPERATIONS FORCES RETENTION.
Section 167 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(l) Annual Report on Special Operations Forces Retention.--Not
later than March 1 of each year, the Secretary of Defense shall submit
to Congress a report specifying retention levels for members of the
armed forces serving as special operations forces and containing the
strategy of the Department of Defense for improving retention rates, in
particular among members who have completed between 10 and 14 years of
service and members with more than 20 years of service.''.
SEC. 4. REPORT ON ACTIVE AND RESERVE MIX FOR SPECIAL OPERATIONS FORCES
AND SPECIAL FORCES TRANSFORMATION.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
containing the recommendations of the Secretary regarding--
(1) the appropriate mix of active and reserve forces for
special operations forces, including civil affairs forces and
psychological operations forces, to reduce the need for long-
term deployments of reservists; and
(2) the transformation of the special operations forces to
develop a more ethnically diverse intelligence cadre capable of
locating and infiltrating sophisticated terrorist networks.
TITLE II--STRENGTHENING COUNTER-PROLIFERATION
SEC. 11. SENSE OF CONGRESS ON COUNTERPROLIFERATION PROGRAMS.
(a) In General.--It is the sense of Congress that the United States
must strengthen the nonproliferation programs of the Department of
Energy, expand the Proliferation Security Initiative of the Department
of State, and support Cooperative Threat Reduction programs of the
Department of Defense.
(b) Funding.--It is the sense of Congress that the United States
should increase its spending on the counterproliferation programs
described in subsection (a) such that, as of fiscal year 2010, the
aggregate annual spending of the United States on those
counterproliferation programs is not less than $3,000,000,000.
SEC. 12. GLOBAL THREAT REDUCTION INITIATIVE.
(a) Initiative Required.--From amounts made available to carry out
this section, the Secretary of Energy shall carry out a program, to be
known as the Global Threat Reduction Initiative, under which the
Secretary provides for the securing, removing, or disposing of nuclear
and radiological materials outside the United States that are
vulnerable to theft. In carrying out the program, the Secretary shall
seek to secure, remove, or dispose of nuclear and radiological
materials at the 24 most vulnerable reactor sites in foreign countries,
as determined by the Secretary of State, by 2009.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy to carry out this section
$4,500,000,000 for each of fiscal years 2005 through 2014.
SEC. 13. COOPERATIVE THREAT REDUCTION INITIATIVE.
(a) Resolution of Liability and Access Problems.--The President
shall work to resolve the liability and access problems that continue
to be roadblocks to the Cooperative Threat Reduction programs.
(b) Definition.--In this section, the term ``Cooperative Threat
Reduction programs'' means programs specified in section 1501(b) of the
National Defense Authorization Act of Fiscal year 1997 (Public Law 104-
201; 110 Stat. 2731; 50 U.S.C. 2362 note).
SEC. 14. SENSE OF CONGRESS ON PROLIFERATION SECURITY INITIATIVE.
It is the sense of Congress that the People's Republic of China
should be encouraged to participate in the Proliferation Security
Initiative of the Department of State in order to assist in efforts to
prevent the export of weapons of mass destruction by the Government of
North Korea.
SEC. 15. THREAT ASSESSMENTS ON SOURCES OF RADIOLOGICAL MATERIALS.
(a) Assessments Required.--The Secretary of Energy shall carry out
threat assessments on the most likely sources of radiological material
that could be used in making a ``dirty bomb''.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the threat assessments carried out under subsection (a).
SEC. 16. ELIMINATION OF UNITED STATES CHEMICAL STOCKPILE.
The President shall ensure that the chemical stockpile of the
United States is eliminated not later than the end of 2012.
TITLE III--IMPROVING THE TERRORIST SCREENING CENTER
SEC. 21. TARGETING TERRORIST TRAVEL.
(a) Codification of the Establishment of the Terrorist Screening
Center.--There is established within the Federal Bureau of
Investigation the Terrorist Screening Center under the direction of the
Director of the Federal Bureau of Investigation.
(b) Mission.--The Terrorist Screening Center shall--
(1) establish and operate a single consolidated terrorist
database consisting of terrorist information from all
watchlists compiled by the agencies and departments of the
United States;
(2) provide operational support for terrorist screeners
throughout the United States and around the world 24 hours of
each day;
(3) ensure that terrorist screeners use the same unified,
comprehensive set of anti-terrorist information; and
(4) ensure that terrorist screeners have access to
information and expertise that will permit rapid response when
a suspected terrorist is screened or stopped.
(c) Deadline for Operation of Database.--The Terrorist Screening
Center shall complete and begin operation of a comprehensive terrorist
screening database by not later than December 31, 2004.
(d) Access to Database.--(1) The Terrorist Screening Center shall
take such steps as are required to provide electronic access to the
comprehensive terrorist screening database as soon as possible.
(2) The Director of the Federal Bureau of Investigation shall
submit to Congress semiannual reports on the progress made to carry out
paragraph (1).
(e) Assistance From NCTC.--The head of the National
Counterterrorism Center shall expand existing programs relating to
terrorist travel intelligence collection and analysis to assist the
Terrorist Screening Center.
(f) Terrorist Screener Defined.--In this section, the term
``terrorist screener'' means individuals who are investigators,
screeners, and agents with an official duty related to the
identification, tracking, or apprehension of suspected terrorists,
including the following:
(1) Personnel of the intelligence community.
(2) Federal personnel who screen individuals entering the
United States.
(3) Federal, State and local law enforcement personnel.
(4) Federal personnel that consider visa applications.
(5) Personnel of authorized private sector operators of
critical infrastructure.
(6) Authorized personnel of certain foreign governments
that have entered into immigration agreements with the United
States or that are engaged in the global war on terrorism as
partners of the United States.
(7) Any other individuals whose duties and responsibilities
reasonably require timely access to the terrorist screening
database, as determined by the Director of the Federal Bureau
of Investigation.
TITLE IV--IMPROVING BORDER SECURITY
SEC. 30. SHORT TITLE.
This title may be cited as the ``Secure Borders Act''.
Subtitle A--Securing Our Borders
CHAPTER 1--INFRASTRUCTURE ENHANCEMENTS
SEC. 31. ESTABLISHMENT OF LAND BORDER INFRASTRUCTURE IMPROVEMENT FUND.
(a) In General.--There is established in the general fund of the
Treasury a separate account which shall be known as the ``Land Border
Infrastructure Improvement Fund''. Amounts deposited in such fund shall
remain available to the Secretary of Homeland Security until expended,
subject to the provisions of appropriations Acts, to carry out
infrastructure and technology improvement projects at our nation's
ports of entry, as assessed in section 32, to reduce and prevent the
nation's land border vulnerability to terrorist attack, and penetration
by terrorists and criminals, while effectively facilitating the
movement of goods, services, and legitimate travelers.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000,000 to carry out the projects described in
subsection (c).
(c) Projects Described.--The Secretary of Homeland Security may
carry out infrastructure and technology improvement projects
recommended in the report submitted under section 32 in order to reduce
the vulnerability of ports of entry.
SEC. 32. REQUIRING A VULNERABILITY ASSESSMENT OF LAND PORTS OF ENTRY.
(a) Initial Assessment.--
(1) In general.--The Secretary of Homeland Security shall
conduct an assessment of the vulnerability of each United
States land port of entry to penetration by terrorists and
criminals or terrorist attack. In carrying out assessments
under this paragraph, the Secretary shall categorize the
vulnerability of each port of entry as ``high'', ``medium'', or
``low'' and shall prioritize the vulnerability of each port of
entry within each such category. In conducting the assessment,
the Secretary of Homeland Security shall consult with
appropriate State, local, and private sector representatives.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall prepare and submit
to the appropriate congressional committees (as that term is
defined in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)) a report that contains--
(A) the results of the assessment conducted under
paragraph (1);
(B) with respect to each port of entry categorized
under paragraph (1) as either a ``high'' or ``medium''
vulnerability port of entry, descriptions of--
(i) infrastructure and technology
improvement projects required for the port of
entry in order to reduce its vulnerability;
(ii) the resources required to make such
improvements; and
(C) a description of how the funds will be used to
implement technology and infrastructure improvement
projects.
(b) Follow-Up Assessments.--The Secretary of Homeland Security
shall conduct follow-up assessments of land border ports of entry every
2 years and shall submit such reports to the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)).
SEC. 33. ENHANCING SENTRI, FAST, AND NEXUS PREENROLLMENT PROGRAMS.
(a) Sense of Congress.--It is the sense of the Congress that
preenrollment programs should be expanded to all major ports of entry
because these programs assist our frontline officers in the fight
against terrorism. These programs allow inspectors to focus more
closely on unknown travelers by subjecting participants to in depth
background and watch list checks.
(b) Permanent Authorization.--
(1) In general.--The Secretary of Homeland Security shall
make permanent pre-enrollment programs that subject
participants who are aliens, and citizens of the United States,
to criminal and watch list screenings and fingerprint checks
prior to enrolling in order to gain expedited inspections at
ports of entry.
(2) Specific programs.--The programs described in paragraph
(1) shall include, at a minimum, the following:
(A) The Free and Secure Trade, or ``FAST'', program
authorized under subpart B of title IV of the Tariff
Act of 1930 (19 U.S.C 1411 et seq).
(B) The Secure Electronic Network for Travelers
Rapid Inspection, or ``SENTRI'', program authorized
under section 286(q) of the Immigration and Nationality
Act (8 U.S.C. 1356(q)).
(C) The ``NEXUS'' program authorized under section
286(q) of the Immigration and Nationality Act (8 U.S.C.
1356(q)).
(D) Successor programs to the programs described in
subparagraphs (A) through (C).
(c) Authorization of Funds Necessary to Build Adequate
Infrastructure to Render Programs Effective.--There are authorized to
be appropriated such funds as may be necessary to improve
infrastructure to enhance access to pre-enrollment lanes, and to
accomplish all the other purposes outlined in this section, in order to
facilitate inspections and expedite the flow of travel and commerce.
(d) Reduction of Program Fees.--The Secretary of Homeland Security
may reduce the enrollment fees for the programs described in subsection
(a) if necessary to encourage participation.
(e) Creation of Remote Enrollment Centers.--The Secretary shall
create a minimum of 4 remote enrollment centers, away from the borders
of the United States, for such programs in major population centers
where there is a demand for such a service.
(f) Creation of Appeals Process.--The Secretary of Homeland
Security must establish a process to review actions that terminate the
participation of travelers in pre-enrollment programs.
(g) Report on Budget, Program Use, and Enforcement.--The Secretary
of Homeland Security annually shall submit to the appropriate
congressional committees (as defined in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101)) a report on the programs described
in subsection (a). The report should include a review of costs
associated with the programs, including--
(1) areas of program expansion within a port-of-entry, to
other ports-of-entry and to other modes of travel including
air, mass transit, bicycle and pedestrians;
(2) the cost of upgrade and maintenance needs;
(3) update on status and expansion of enrollment centers;
(4) infrastructure needs on the US, Canadian, and Mexican
sides of the border to enhance the programs;
(5) universal access through ports;
(6) technology and database enhancements to link watch
lists to the programs;
(7) the feasibility of incorporating radio frequency
enabled travel documents into the programs, such as passports,
alien registration cards, and other documents;
(8) the cost of enabling all inspection lanes with pre-
enrollment technology;
(9) public information campaign and relevant associated
costs; and
(10) for each pre-enrollment location--
(A) total vehicles processed per month;
(B) total pre-enrolled vehicles processed per
month;
(C) total pre-enrolled vehicles processed per day;
(D) total nonenrolled vehicles processed per month;
(E) total nonenrolled vehicles processed per day;
(F) completed compliance checks performed per
month;
(G) duration of inspections;
(H) number of passengers per vehicle;
(I) basis for apprehension of violator;
(J) types of violation; and
(K) enforcement actions.
CHAPTER 2--ENHANCING BORDER MONITORING TECHNOLOGY
SEC. 35. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG THE U.S.-MEXICO
BORDER.
(a) Plan.--Not later than September 30, 2005, the Secretary of
Homeland Security shall develop a comprehensive plan to fully deploy
technological surveillance systems along the U.S.-Mexico border.
Surveillance systems included in the deployment plan must--
(1) ensure continuous monitoring of every mile of the U.S.-
Mexico border;
(2) to the extent practicable, be fully interoperable with
existing surveillance systems, such as the Integrated
Surveillance Intelligence Systems already in use by the
Department of Homeland Security.
Additionally, the deployment plan should include, but not be limited
to, the following elements:
(3) A description of the specific technology to be
deployed.
(4) An assessment of the success of existing technologies
to determine if one technology is better than another, or
whether there is a way to combine the capabilities of various
detection devices into a single device.
(5) A description of the technological features of
surveillance systems allowing for compatibility, if
practicable, with existing surveillance technologies.
(6) A description of how the U.S. Border Patrol is working,
or will work, with the Directorate of Science and Technology to
analyze high altitude monitoring technologies (such as unmanned
aerial vehicles and tethered aerostat radar systems) for use
with land-based monitoring technologies.
(7) A description of how radiation portal monitors will be
deployed to ports of entry along the U.S.-Mexico border, and
other border locations, consistent with section 39.
(8) A description of how K-9 detection units will be
increased along the U.S.-Mexico border, consistent with section
37.
(9) A description of how surveillance technology will
provide for continuous monitoring of the border.
(10) The identification of any obstacles that may impede
full implementation of the deployment plan.
(11) A detailed estimate of all costs associated with the
implementation of the deployment plan.
(b) Deployment.--Not later than September 30, 2006, the Secretary
of Homeland Security shall fully implement the plan described in
subsection (a).
(c) Report.--Not later than September 30, 2005, the Secretary of
Homeland Security shall submit the plan described in subsection (a) to
the appropriate congressional committee (as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2005 and 2006, and such sums as may be necessary for each
succeeding fiscal year.
SEC. 36. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG THE U.S.-CANADIAN
BORDER.
Not later than September 30, 2005, the Secretary of Homeland
Security shall develop a plan to install surveillance systems along the
U.S.-Canadian border and provide the appropriate congressional
committees (as defined by section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)) with a cost estimate and deployment schedule
designed to implement such plan.
SEC. 37. LEVEL OF K-9 UNITS.
(a) In General.--The Secretary of Homeland Security shall increase
the number of K-9 units working within U.S. Customs and Border
Protection, including adding infrastructure, officers ,and support
staff necessary for each unit, by 20 percent above levels in existence
at the end of fiscal year 2004.
(b) Use of New Units.--The K-9 units added under subsection (a)
shall be distributed proportionately to both the U.S.-Mexico border and
the U.S.-Canadian border, and be used only for bomb, passenger, and
currency detection purposes.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
CHAPTER 3--ENSURING SUFFICIENT WELL-TRAINED PERSONNEL AT OUR BORDERS
SEC. 41. DOUBLE THE NUMBER OF CBP PERSONNEL.
(a) Temporary Increase in Personnel.--Pending congressional
consideration of the study described in section 42, there are
authorized to be appropriated to the Secretary of Homeland Security
such sums as may be necessary--
(1) to double, as compared to the number of such positions
which existed at the end of fiscal year 2004, the number of
positions for U.S. Customs and Border Protection personnel
(including support personnel) at and between our nation's ports
of entry;
(2) to establish, not later than September 30, 2005, at
least one Border Patrol unit for the Virgin Islands of the
United States; and
(3) to establish facilities in which the additional
personnel described in paragraph (1) may work.
(b) Waiver of Limitation.--The Secretary of Homeland Security is
authorized to waive any limitation on the number of full-time
equivalent personnel assigned to the Department of Homeland Security to
fulfill the requirements of subsection (a).
SEC. 42. ASSESSING STAFFING NEEDS AT OUR BORDERS.
The Secretary of Homeland Security shall contract with an
independent entity to undertake a study to determine the necessary
level and allocation of personnel, including support staff, at United
States ports of entry and border patrol sectors. The study shall take
into account, at a minimum, the overall mission of U.S. Customs and
Border Protection, threat and vulnerability information pertaining to
the nation's borders and ports of entry, the impact of new border
security programs, policies and technologies, and an analysis of
traffic volumes and wait times at ports of entry. The study is to be
provided to the appropriate congressional committees, as defined in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), not
later than 1 year after the date of the enactment of this Act.
SEC. 43. ADDITIONAL AND CONTINUOUS TRAINING FOR INSPECTORS.
(a) In General.--The Secretary of Homeland Security shall provide
appropriate training for inspectors, and associated support staff on an
ongoing basis to utilize new technologies and to ensure that the
proficiency levels of such personnel are acceptable to protect the
borders of the United States.
(b) Language Training.--The Secretary of Homeland Security ensure
that inspectors assigned to the southern border are proficient in
Spanish language, and shall provide training to inspectors in Spanish
and other languages determined to be necessary in carrying out anti-
terrorism and law enforcement functions. The Secretary of Homeland
Security shall provide, where necessary, appropriate language training
to inspectors and border patrol agents on the northern border.
(c) Retention and Development of Experts.--Not later than 6 months
after the date of the enactment of this Act, the Secretary of Homeland
Security shall make recommendations to the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)) on how the current Department of Homeland Security
personnel system should be modified to allow for the retention and
development of immigration and customs experts, to include the creation
of new positions.
SEC. 44. REQUIRING REPORT ON THE ``ONE FACE AT THE BORDER INITIATIVE''.
(a) In General.--Not later than September 30 of each of the
calendar years 2005 and 2006, the Commissioner of Customs shall prepare
and submit to Congress a report--
(1) describing and analyzing the goals, success, and
shortfalls of the One Face at the Border Initiative at
enhancing security and facilitating travel;
(2) providing a breakdown of the number of personnel of
U.S. Customs and Border Protection that were personnel of the
United States Customs Service prior to the establishment of the
Department of Homeland Security, that were personnel of the
Immigration and Naturalization Service prior to the
establishment of the Department of Homeland Security, and that
were hired after the establishment of the Department of
Homeland Security;
(3) describing the training time provided to each employee
on an annual basis for the various training components of the
One Face at the Border Initiative;
(4) outlining the steps taken by U.S. Customs and Border
Protection to ensure that expertise is retained with respect to
customs, immigration, and agriculture inspection functions
under the One Face at the Border Initiative; and
(5) reviewing whether the missions of customs, agriculture,
and immigration are equally emphasized.
(b) Assessment of Report.--The Comptroller General of the United
States shall the review the reports submitted under subsection (a) and
shall provide an assessment to the appropriate congressional committees
(as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)) regarding the effectiveness of the One Face at the Border
Initiative.
CHAPTER 4--ESTABLISHING A COMPREHENSIVE BORDER SECURITY STRATEGY
SEC. 51. LAND BORDER SECURITY STRATEGY.
(a) In General.--The Secretary of Homeland Security, in
consultation with the heads of all other Federal agencies with border-
related functions or with facilities or lands on or along the border,
shall submit to the appropriate congressional committees (as defined in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101))
unclassified and classified versions of a unified, comprehensive
strategy to secure the land borders of the United States not later than
6 months after the date of the enactment of this Act. The submission
should include a description of the actions already taken to implement
the strategy.
(b) Contents.--The report shall cover the following areas:
(1) Personnel.
(2) Infrastructure.
(3) Technology.
(4) Coordination of intelligence among agencies.
(5) Legal responsibilities.
(6) Criminal statutes.
(7) Apprehension goals.
(8) Prosecutorial guidelines.
(9) Economic impact.
(10) Flow of commerce.
(c) Consultation.--In creating the strategy described in subsection
(a), the Federal agencies described in such subsection shall consult
private sector organizations and nongovernmental organizations with
national security, privacy, agriculture, immigration, customs,
transportation, technology, legal, and business expertise.
(d) Implementation.--The Secretary shall implement the strategy not
later than 12 months after the date of the enactment of this Act.
(e) Evaluation.--The Comptroller General of the United States shall
track, monitor, and evaluate such strategy to secure our borders to
determine its efficacy.
(f) Report.--Not later than 15 months after the date of the
enactment of this Act, and every year thereafter for the succeeding 5
years, the Comptroller General of the United States shall submit a
report to the Congress on the results of the activities undertaken
under subsection (a) during the previous year. Each such report shall
include an analysis of the degree to which the border security strategy
has been effective in securing our borders. Each such report shall
include a collection and systematic analysis of data, including
workload indicators, related to activities to improve and increase
border security.
SEC. 52. IMPROVED INFORMATION SHARING.
The Secretary of Homeland Security shall, not later than October 1,
2005--
(1) integrate the IDENT and IAFIS databases; and
(2) make interoperable databases used by inspectors in
secondary inspections.
SEC. 53. CREATION OF NORTHERN AND SOUTHERN BORDER COORDINATORS.
(a) In General.--Title IV of the Homeland Security Act of 2002 (6
U.S.C. 201 seq.) is amended--
(1) in section 402, by redesignating paragraph (8) as
paragraph (9) and by inserting after paragraph (7) the
following:
``(8) Increasing the security of the United States at the
ports of entry located along the northern and southern borders,
and improving the coordination among the agencies responsible
for maintaining that security.''; and
(2) in subtitle C, by adding at the end the following:
``SEC. 431. BORDER COORDINATORS.
``(a) In General.--There shall be within the Directorate of Border
and Transportation Security the positions of Northern Border
Coordinator and Southern Border Coordinator, who shall be appointed by
the Secretary and who shall report directly to the Under Secretary for
Border and Transportation Security.
``(b) Responsibilities.--The Northern Border Coordinator and the
Southern Border Coordinator shall undertake the following
responsibilities along the northern and southern borders,
respectively--
``(1) serve as the primary official of the Department
responsible for coordinating all Federal security activities
along the border, especially at land border ports of entry;
``(2) provide enhanced communication and data-sharing
between Federal, State, local, and tribal agencies on law
enforcement, emergency response, or security-related
responsibilities for areas on or adjacent to the borders of the
United States with Canada or Mexico;
``(3) work to improve the communications systems within the
Department to facilitate the integration of communications of
matters relating to border security;
``(4) oversee the implementation of the pertinent bilateral
agreement (the United States-Canada `Smart Border' Declaration
applicable to the northern border and the United States-Mexico
Partnership Agreement applicable to the southern border) to
improve border functions, ensure security, and promote trade
and tourism;
``(5) consistent with section 102, assess all land border
ports of entry along the appropriate border and develop a list
of infrastructure and technology improvement projects for
submission to the Secretary based on the ability of a project
to fulfill immediate security requirements and facilitate trade
across the borders of the United States; and
``(6) serve as a liaison to the foreign agencies with
responsibility for the appropriate border with the United
States.''.
(b) Clerical Amendment.--Section 1(b) of such Act is amended in the
table of contents by inserting after the item relating to section 430
the following:
``Sec. 431. Border coordinators.''.
SEC. 54. SMART BORDER ACCORD IMPLEMENTATION.
The President shall submit to the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)) information about the ongoing progress on
implementation of the Smart Border Accords through quarterly updates on
meetings of the Smart Border Working Group.
SEC. 55. SENSE OF CONGRESS ON THE PERIOD OF ADMISSION FOR BORDER
CROSSING CARD HOLDERS.
(a) Sense of Congress.--It is the sense of the Congress that
citizens and nationals of Mexico should be treated with parity in
relation to citizens and nationals of Canada in establishing the
periods of time they are lawfully permitted to remain in the United
States.
(b) Modification to Documentary Requirements.--Notwithstanding any
other provision of law, once section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is
fully implemented, the period of admission for an alien entering the
United States under a border crossing card shall be 6 months.
CHAPTER 5--ENHANCING BORDER SECURITY PROGRAMS
SEC. 61. CREATING A MORE EFFECTIVE ENTRY-EXIT SYSTEM.
(a) Creation of a US-VISIT Outreach Office.--
(1) In general.--The Secretary of Homeland Security shall
create an ``Office of US-VISIT Outreach'' that will inform on a
regular basis local border officials, residents, and businesses
about developments in the US-VISIT program. Specifically, this
office shall provide information to local border officials,
residents, and businesses, and seek guidance from such persons
and entities about, the practical effects to border communities
of the implementation of US-VISIT.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Task Force on Integrated Entry and Exit System.--
(1) Sense of congress.--It is the sense of the Congress
that the work of the task force established under section 3 of
the Immigration and Naturalization Service Data Management
Improvement Act of 2000 (8 U.S.C. 1365a note) was prematurely
terminated, robbing the Department of Homeland Security of the
very expertise needed to properly set the requirements for, and
validate the work of, contractors on information technology
programs, particularly the US-VISIT program.
(2) Termination.--Section 3(i) of the Immigration and
Naturalization Service Data Management Improvement Act of 2000
(8 U.S.C. 1365a note) is amended to read as follows:
``(i) Termination.--The Task Force shall terminate on a date
designated by the Secretary of Homeland Security as the date on which
the work of the Task Force has been completed, except that such
designated date may not be earlier than December 21, 2008.''.
(c) Electronic Arrival/Departure Records.--
(1) Not later than December 31, 2005, the Secretary of
Homeland Security--
(A) shall ensure that the functions served by
Department of Homeland Security paper Form Number I-94
(Arrival/Departure Record) and Form Number I-94W (NIV
Waiver Arrival/Departure Record) are being carried out
by electronic means; and
(B) shall eliminate such forms.
(2) Implementation plan.--Not later than December 31, 2004,
the Secretary of Homeland Security shall submit to the
appropriate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C.101)) a plan
describing the measures the Secretary is taking to carry out
subsection (c) before the deadline described in such
subsection.
SEC. 62. TRANSPORTATION WORKER IDENTIFICATION CARD.
(a) In General.--The Secretary of Homeland Security shall submit a
report to the Congress not later than December 31, 2004, regarding the
development and distribution of a transportation worker identification
card.
(b) Contents.-- The report described in subsection (a) shall
include information on--
(1) the plan for distribution of the card;
(2) the eligibility of Canadian and Mexican truck drivers
who are certified under the Free and Secure Trade (``FAST'')
initiative;
(3) selected biometric feature and other security features
of the card; and
(4) the cost of, and deployment schedule for, card-reading
equipment.
SEC. 63. STANDARDS AND VERIFICATION PROCEDURES FOR THE SECURITY OF
INTERMODAL CARGO CONTAINERS.
(a) Standards and Verification Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Homeland
Security, acting through the Under Secretary for Border and
Transportation Security, shall establish standards and verification
procedures for the security of intermodal cargo containers moving
within the intermodal transportation system, including standards for
sealing and procedures for seal verifications for cargo containers at
loading.
(b) Requirements.--The standards and verification procedures
established pursuant to subsection (a) shall be consistent with the
cargo container security recommendations of the Interagency Container
Working Group and the Smart and Secure Trade Lane program and shall
meet the following additional requirements:
(1) Seal standards.--Intermodal cargo containers shall at a
minimum be affixed with a security seal equivalent to the level
``D'' high security seal (as certified by the International
Organization for Standardization (ISO); Certification No.
17712) at loading.
(2) Seal verification.--Procedures shall be established for
the verification of security seals described in paragraph (1),
including procedures to determine which individuals and
entities in the intermodal transportation system are
responsible for sealing intermodal cargo containers, recording
of seal numbers, changes to such numbers if a container is
opened, and anomalies to security seals.
SEC. 64. SENSE OF CONGRESS ON THE NEED FOR ADDITIONAL STAFF FOR THE
UNITED STATES CONSULATE-GENERAL IN MEXICO.
It is the sense of the Congress that--
(1) the United States Mission to Mexico plays an important
part in ensuring the security of our southern border;
(2) this mission must have sufficient staff in order to
adequately fulfill their consular responsibilities, an
important part of a comprehensive strategy to secure our
border;
(3) the level of staffing has not kept pace with rising
consular workloads; and
(4) therefore, appropriations should be authorized for a 25
percent staff increase for the United States mission to Mexico.
CHAPTER 6--SECURING OUR TRIBAL AND FEDERAL LANDS AND TERRITORIES
SEC. 65. OFFICE OF TRIBAL SECURITY.
(a) Establishment.--There is established within the Department of
Homeland Security the Office of Tribal Security.
(b) Director.--The Office of Tribal Security shall be administered
by a Director, who shall be appointed by the President by and with the
advice and consent of the Senate. The Director shall report directly to
the Secretary of Homeland Security.
(c) Duties.--The Director shall be responsible for coordinating
relations between the Federal Government and federally recognized
Indian tribes on issues relating to homeland security, which shall
include the following duties:
(1) Providing a point of contact within Department of
Homeland Security which shall be responsible for--
(A) meeting the broad and complex Federal
responsibilities owed to federally recognized Indian
tribes by the Department of Homeland Security; and
(B) soliciting and, where appropriate, addressing
the homeland security concerns of federally recognized
Indian tribes and other parties interested in Indian
affairs.
(2) Communicating relevant policies of the Department of
Homeland Security to federally recognized Indian tribes and the
public.
(3) Promoting internal uniformity of Department of Homeland
Security policies relating to Indian country (as defined in
section 1151 of title 18, United States Code).
(4) Coordinating with the Directorate of Border and
Transportation Security and tribal governments to develop a
comprehensive border security policy that addresses law
enforcement, personnel, and funding issues in Indian country
(as defined in section 1151 of title 18, United States Code) on
the United States borders with Canada and with Mexico.
(5) Coordinating with the Directorate for Information
Analysis and Infrastructure Protection and tribal governments
to develop appropriate policies for infrastructure protection
on Indian lands, as well as information sharing mechanisms with
tribal governments.
(6) Coordinating with the Directorate of Emergency
Preparedness and Response and the Office of State and Local
Government Coordination and Preparedness to help ensure that
tribal governments are fully informed of, have access to, and
may apply for all Department of Homeland Security grant
opportunities for emergency response providers, and to develop
and achieve preparedness goals for tribal governments that are
consistent with national goals for terrorism preparedness, as
determined by the Department.
(7) Coordinating with the Director of Science and
Technology to identify opportunities to conduct research and
development of homeland security technologies or scientific
understanding for tribal universities or private sector
entities.
(8) Coordinating with the Office of Citizenship and
Immigration Services and other relevant offices within the
Department of Homeland Security with immigration service and
enforcement related functions to develop policies on issues
related to citizenship and the movement of members of federally
recognized Indian tribes across the United States border,
taking into consideration the unique characteristics of certain
federally recognized Indian tribes with jurisdiction over lands
adjacent to the Canadian and Mexican borders.
(9) Coordinating with other offices within the Department
of Homeland Security to develop and implement sound policies
regarding Indian country (as defined in section 1151 of title
18, United States Code) and tribal governments.
SEC. 66. TRANSFER OF ``SHADOW WOLVES'' FROM CPB TO ICE.
(a) Transfer of Existing Unit.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland Security
shall transfer to the Immigration and Customs Enforcement all functions
(including the personnel, assets, and obligations held by or available
in connection with such functions) of the Customs Patrol Officers unit
of U.S. Customs and Border Protection operating on the Tohono O'odham
Indian reservation (commonly known as the ``Shadow Wolves'' unit).
(b) Establishment of New Units.--The Secretary is authorized to
establish within U.S. Immigration and Customs Enforcement additional
units of Customs Patrol Officers in accordance with this section.
(c) Duties.--The Customs Patrol Officer unit transferred pursuant
to subsection (a) and the additional units established pursuant to
subsection (b) shall enforce the customs laws of the United States on
Indian lands by preventing the smuggling of narcotics, weapons of mass
destruction, and other contraband.
(d) Basic Pay for Journeyman Officers.--The rate of basic pay for a
journeyman Customs Patrol Officer in a unit described in this section
shall be not greater than the rate of basic pay for GS-13 of the
General Schedule.
SEC. 67. DHS AND DOI COORDINATION ON BORDER SECURITY; PROVISION OF
TEMPORARY AUTHORITY TO DHS TO TRANSFER FUNDS.
(a) In General.--Until the completion and implementation of the
border security strategy described in section 51 of this Act, the
Secretary of Homeland Security is authorized to transfer appropriated
funds to the Secretary of Interior in accordance with the memorandum of
understanding described in subsection (b) to support the security needs
of the Department of the Interior, its bureaus, and tribal entities,
including, the protection of border lands, critical infrastructure, and
key resources.
(b) Memorandum.--The Secretary of Homeland Security and the
Secretary of Interior shall enter into a memorandum of understanding
regarding the funds described in subsection (a). This memorandum
shall--
(1) establish criteria for Department of Interior projects
to receive such funding;
(2) establish priorities among such projects; and
(3) include a description of the scope of activities for
such projects, including equipment, recurring maintenance,
construction of facilities, recapitalization of facilities, and
operations.
(c) Report.--The appropriate congressional committees (as defined
in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) shall
be notified 15 days prior to any transfer of funds. Not later than
September 30, 2005, the Secretary of Interior shall submit to the
appropriate congressional committees (as so defined) a copy of the
memorandum of understanding described in subsection (b).
Subtitle B--Securing Identification Documents
SEC. 71. STATE IDENTIFICATION DOCUMENT STANDARDS.
(a) Standards for Acceptance by Federal Agencies.--
(1) In general.--A Federal agency may not accept for any
identification-related purpose a driver's license or other
comparable identification document issued by a State or
subdivision thereof, including a birth certificate, unless the
license or document is in a form that is consistent with
requirements set forth in regulations promulgated by the
Secretary of Homeland Security after consultation with the
Department of Transportation, the chief driver's license
officials of each State, and any other organization determined
appropriate by the Secretary that represents the States. The
form shall contain security features designed to limit
tampering, counterfeiting, photocopying, or otherwise
duplicating the license or document for fraudulent purposes and
to limit use of the license or document by impostors. States or
subdivisions thereof may use a biometric identifier in addition
to these standards if they already do so, or choose to do so.
(2) No national identification card.--Nothing in this
section shall be construed to authorize, directly or
indirectly, the establishment, issuance, or use of a national
identification card.
(3) Deadline.--The Secretary of Homeland Security shall
promulgate the regulations referred to in paragraph (1) not
later than 6 months after the date of the enactment of this
Act.
(b) Grants to State and Local Governments.--
(1) Grants to states.--Beginning on the date final
regulations are promulgated under subsection (b), the Secretary
of Homeland Security shall make grants to States to assist them
in issuing driver's licenses and other comparable
identification documents that satisfy the requirements under
that subsection.
(2) Grants to local governments.--Beginning on the date
final regulations are promulgated under subsection (b), the
Secretary of Homeland Security shall make grants to local
governments to assist them in issuing birth certificates and
other comparable identification documents that satisfy the
requirements under that subsection.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(c) Effective Dates and Application.--
(1) In general.--Except as otherwise provided in this
subsection, this section shall take effect on the date of the
enactment of this Act.
(2) Prohibition on federal agencies.--Subsection (b)(1)--
(A) shall take effect beginning on October 1, 2006;
and
(B) shall apply only to--
(i) a license or document issued to an
individual for the first time; and
(ii) a replacement or renewal license or
document issued according to State or local
law.
SEC. 72. TRAINING IN FRAUD DETECTION AND PREVENTION FOR OFFICERS IN
DIVISIONS OF MOTOR VEHICLES.
The Federal Law Enforcement Training Center shall create a program
to train employees of U.S. Immigration and Customs Enforcement to
provide, in the States, training in fraud detection and prevention to
State and local law enforcement officers stationed, or intended to be
stationed, in divisions of motor vehicles.
Subtitle C--Securing the Interior; Tools for Border Security
CHAPTER 1--INCREASE IN STAFF FOR ICE
SEC. 81. PERSONNEL INCREASE.
(a) Authorization.--There are authorized to be appropriated to the
Secretary of Homeland Security such sums as may be necessary so as to
increase by 225 the number of positions for full-time special agents of
U.S. Immigration and Customs Enforcement carrying out duties related to
border security above the number of such positions which existed at the
end of fiscal year 2004.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) since U.S. Immigration and Customs Enforcement plays a
key role in the fight against terrorism and in securing the
borders, the Secretary of Homeland Security should work
expeditiously to ensure all special agents and national
security analytical support staff receive a Top Secret security
clearance; and
(2) maintenance of Top Secret security clearance must be a
requirement of continued employment as a special agent.
SEC. 82. ICE STRATEGY AND STAFFING ASSESSMENT.
(a) In General.--Not later than December 31 of each year, the
Secretary of Homeland Security shall submit to the Government
Accountability Office and the appropriate congressional committees (as
defined by section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)) a written report describing its strategy for deploying human
resources (including investigators and support personnel) to accomplish
its border security mission.
(b) Review.--Not later than 90 days after receiving any report
under subsection (a), the Government Accountability Office shall submit
to each appropriate congressional committee (as defined by section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101)) a written evaluation
of such report, including recommendations pertaining to how U.S.
Immigration and Customs Enforcement could better deploy human resources
to achieve its border security mission through legislative or
administrative action.
CHAPTER 2--INCREASE IN DETENTION SPACE
SEC. 85. INCREASE IN DETENTION SPACE.
(a) Funding Increase.--There are authorized to be appropriated to
the Secretary of Homeland Security such sums as may be necessary to
ensure an average daily bed occupancy rate of 22,500 for detention and
removal operations of U.S. Immigration and Customs Enforcement.
(b) Personnel Increase.--There are authorized to be appropriated to
the Secretary of Homeland Security such sums as may be necessary so as
to increase by 541 the number of positions for full-time employees of
U.S. Immigration and Customs Enforcement carrying out duties in
detention and removal operations above the number of such positions
which existed at the end of fiscal year 2004.
(c) Sense of Congress.--It is the sense of the Congress that the
Office of Detention and Removal Operation should be placed under the
operational control of the Commissioner of U.S. Customs and Border
Protection, since the largest client of such office is the Border
Patrol. The Secretary of Homeland Security is directed to move the
Office of Detention and Removal Operations from U.S. Immigration and
Customs Enforcement to U.S. Customs and Border Protection.
(d) Report on Homeland Security Detention Needs.--The Secretary of
Homeland Security shall submit to the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)) a report on detention and removal operations,
detailing the amount of additional detention space and resources
required to detain all persons presenting a possible threat to homeland
security. This report shall include information on alternatives to
detention including electronic monitoring, telephone and voice
recognition programs for those on bond, and conducting deportation
proceedings prior to prisoners release from Federal, State, and local
prisons. Additionally the report should provide information on
countries to which removal is problematic.
SEC. 86. SENSE OF CONGRESS REGARDING PROCESSING OF CRIMINAL ALIENS
WHILE INCARCERATED.
It is the sense of the Congress that immigration cases involving
incarcerated criminal aliens should be processed while the criminal
alien is in prison. In order to maximize the use of existing detention
space, the Department of Homeland Security should work with prisons in
which criminal aliens are incarcerated to complete their removal or
deportation proceeding before such aliens are released from prison and
sent to Federal detention.
SEC. 87. SENSE OF CONGRESS REGARDING INCREASE IN PROSECUTORS AND
IMMIGRATION JUDGES.
It is the sense of the Congress that--
(1) prosecutors and immigration judges are critical for the
prompt and proper enforcement of our immigration laws, and are
an important part of a comprehensive strategy;
(2) an insufficient number of prosecutors and immigration
judges currently exists to enforce the immigration laws of the
United States; and
(3) therefore, appropriations should be authorized for
appropriate staff increases for judicial and prosecutorial
offices, commensurate with other personnel increases directed
in this Act.
CHAPTER 3--ENHANCING LAW ENFORCEMENT ACCESS TO INFORMANTS
SEC. 91. NEW CLASS OF NONIMMIGRANT ALIENS.
(a) In General.--Section 101(a)(15)(S) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(S)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the comma at the end and
inserting ``; or'';
(3) by inserting after clause (ii) the following:
``(iii) who the Secretary of Homeland Security, the
Secretary of State, or the Attorney General
determines--
``(I) is in possession of critical reliable
information concerning a commercial alien
smuggling organization or enterprise;
``(II) is willing to supply or has supplied
such information to a Federal or State court;
and
``(III) whose presence in the United States
the Secretary of Homeland Security, the
Secretary of State, or the Attorney General
determines is essential to the success of an
authorized criminal investigation, the
successful prosecution of an individual
involved in the commercial alien smuggling
organization or enterprise, or the disruption
of such organization or enterprise,'';
(4) by inserting ``, or with respect to clause (iii), the
Secretary of Homeland Security, the Secretary of State, or the
Attorney General'' after ``jointly''; and
(5) by striking ``(i) or (ii)'' and inserting ``(i), (ii),
or (iii)''.
(b) Admission of Nonimmigrants.--Section 214(k) of the Immigration
and Nationality Act (8 U.S.C. 1184(k)) is amended--
(1) by adding at the end of paragraph (1) the following:
``The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal
year may not exceed 400.''; and
(2) by adding at the end the following:
``(5) If the Secretary of Homeland Security, the Secretary of
State, or the Attorney General determines that the identity of a
nonimmigrant described in clause (iii) of section 101(a)(15)(S), or
that of any family member of such a nonimmigrant who is provided
nonimmigrant status pursuant to such section, must be protected, such
official may take such lawful action as the official considers
necessary to effect such protection.''.
SEC. 92. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON
ADMITTED FOR PERMANENT RESIDENCE.
Section 245(j) of the Immigration and Nationality Act (8 U.S.C.
1255(j)) is amended--
(1) in paragraph (3), by striking ``(1) or (2),'' and
inserting ``(1), (2), (3), or (4),'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) If, in the opinion of the Secretary of Homeland Security, the
Secretary of State, or the Attorney General--
``(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(iii) has supplied information described
in subclause (I) of such section; and
``(B) the provision of such information has substantially
contributed to the success of a commercial alien smuggling
investigation, the disruption of a commercial alien smuggling
operation, or the prosecution of an individual described in
subclause (III) of that section,
the Secretary of Homeland Security may adjust the status of the alien
(and the spouse, married and unmarried sons and daughters, and parents
of the alien if admitted under that section) to that of an alien
lawfully admitted for permanent residence if the alien is not described
in section 212(a)(3)(E).
``(4) The Secretary of Homeland Security may adjust the status of a
nonimmigrant admitted into the United States under section
101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and
daughters, and parents of the nonimmigrant if admitted under that
section) to that of an alien lawfully admitted for permanent residence
on the basis of a recommendation of the Secretary of State or the
Attorney General.''; and
(4) by adding at the end the following:
``(6) If the Secretary of Homeland Security, the Secretary of
State, or the Attorney General determines that the identity of a person
whose status is adjusted under this subsection must be protected, such
official may take such lawful action as the official considers
necessary to effect such protection.''.
CHAPTER 4--INCREASED PENALTIES FOR SMUGGLING
SEC. 95. COMBATING AGGRAVATED ALIEN SMUGGLING.
(a) Criminal Penalties.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the
following:
``(4) In the case of a person who has brought aliens into the
United States in violation of this subsection, the sentence otherwise
provided for may be increased by up to 10 years if--
``(A) the offense was part of an ongoing commercial
organization or enterprise;
``(B) aliens were transported in groups of 10 or more;
``(C) aliens were transported in a manner that endangered
their lives or the aliens presented a life-threatening health
risk to people in the United States; or
``(D) aliens were transported for purposes of prostitution
or involuntary servitude.''.
(b) Rewards Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) is amended by adding at the end the
following:
``(e) Rewards Program.--
``(1) Purpose.--The rewards program shall be designed to
assist in the elimination of aggravated alien smuggling.
``(2) Definition.--For purposes of this subsection, the
term `aggravated alien smuggling' means a violation for which
increased penalties are provided under subsection (a)(4).
``(3) Administration.--The rewards program shall be
administered by the Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State.
``(4) Rewards authorized.--In the sole discretion of the
Secretary of Homeland Security, such Secretary, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, may pay a reward to any individual who
furnishes information or testimony leading to--
``(A) the arrest or conviction of any individual
conspiring or attempting to commit an act of aggravated
alien smuggling;
``(B) the arrest or conviction of any individual
committing such an act;
``(C) the arrest or conviction of any individual
aiding or abetting the commission of such an act;
``(D) the prevention, frustration, or favorable
resolution of such an act, including the dismantling of
an aggravated alien smuggling organization in whole or
in significant part; or
``(E) the identification or location of an
individual who holds a key leadership position in an
aggravated alien smuggling operation.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection. Amounts appropriated under this
paragraph shall remain available until expended.
``(6) Ineligibility.--An officer or employee of any
Federal, State, local, or foreign government who, while in
performance of his or her official duties, furnishes
information described in paragraph (4) shall not be eligible
for a reward under this subsection for such furnishing.
``(7) Protection measures.--If the Secretary of Homeland
Security, the Secretary of State, or the Attorney General
determines that the identity of an individual who furnishes
information or testimony described in paragraph (4), or the
identity of any spouse, parent, son, or daughter of such an
individual, must be protected, such official may take such
lawful action as the official considers necessary to effect
such protection.
``(8) Limitations and certification.--
``(A) Maximum amount.--No reward under this
subsection may exceed $100,000, except as personally
authorized by the Secretary of Homeland Security if
such Secretary determines, in consultation, as
appropriate, with the Attorney General and the
Secretary of State, that the offer or payment of an
award of a larger amount is necessary to combat a
aggravated alien smuggling operation.
``(B) Approval.--Any reward under this subsection
exceeding $50,000 shall be personally approved by the
Secretary of Homeland Security.
``(C) Certification for payment.--Any reward
granted under this subsection shall be certified for
payment by the Secretary of Homeland Security.''.
(c) Outreach Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (b), is
further amended by adding at the end the following:
``(f) Outreach Program.--The Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, shall develop and implement an outreach program to
educate the public in the United States and abroad about--
``(1) the penalties for bringing in and harboring aliens in
violation of this section; and
``(2) the financial rewards and other incentives available
under subsection (e) for assisting in the investigation,
disruption, or prosecution of an aggravated alien smuggling
operation.''.
SEC. 96. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.
(a) In General.--Subject to subsection (b), pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for smuggling,
transporting, harboring, or inducing aliens under sections 274(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as
to--
(1) triple the minimum term of imprisonment under that
section for offenses involving the smuggling, transporting,
harboring, or inducing of--
(A) 1 to 5 aliens from 10 months to 30 months;
(B) 6 to 24 aliens from 18 months to 54 months;
(C) 25 to 100 aliens from 27 months to 81 months;
and
(D) 101 aliens or more from 37 months to 111
months;
(2) increase the minimum level of fines for each of the
offenses described in subparagraphs (A) through (D) of
paragraph (1) to the greater of $25,000 per alien or 3 times
the amount the defendant received or expected to receive as
compensation for the illegal activity;
(3) increase by at least 2 offense levels above the
applicable enhancement in effect on the date of the enactment
of this Act the sentencing enhancements for intentionally or
recklessly creating a substantial risk of serious bodily injury
or causing bodily injury, serious injury, or permanent or life
threatening injury;
(4) for actions causing death, increase the offense level
to be equivalent to that for involuntary manslaughter under
section 1112 of title 18, United States Code; and
(5) for corporations or other business entities that
knowingly benefit from such offenses, increase the minimum
level of fines for each of the offenses described in
subparagraphs (A) through (D) of paragraph (1) to $50,000 per
alien employed directly, or indirectly through contract, by the
corporation or entity.
(b) Exception.--Subsection (a) shall not apply to an offense that
involved the smuggling, transporting, or harboring only of the
defendant's spouse or child (or both the defendant's spouse and child).
(c) Deadline.--The United States Sentencing Commission shall carry
out subsection (a) not later than the date that is 6 months after the
date of the enactment of this Act.
SEC. 97. INCREASED PENALTY FOR SMUGGLING.
(a) In General.--The third undesignated paragraph of section 545 of
title 18, United States Code, is amended by striking ``five years'' and
inserting ``20 years''.
(b) Enhanced Penalty for Causing Death.--Pursuant to its authority
under section 994 of title 28, United States Code, the United States
Sentencing Commission shall amend the Federal sentencing guidelines to
provide sentencing enhancements for an offense under section 545 of
title 18, United States Code, as amended by subsection (a), that
results in the death of a person.
(c) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission--
(1) shall ensure that there is reasonable consistency with
other Federal sentencing guidelines; and
(2) shall avoid duplicative punishments for substantially
the same offense.
Subtitle D--Beyond Our Borders (International)
CHAPTER 1--COORDINATING DHS MISSION OVERSEAS
SEC. 101. OFFICE OF INTERNATIONAL AFFAIRS; EFFECTIVE AND EFFICIENT
MANAGEMENT AND COORDINATION OF INTERNATIONAL ASSIGNMENTS.
Section 879(b) of the Homeland Security Act of 2002 (6 U.S.C.
459(b)) is amended by adding at the end the following:
``(5) To manage all overseas assignments of personnel of
the Department, including by coordinating with the Department
of State with respect to such assignments and related support
matters.''.
SEC. 102. CREATION OF AN OFFICE OF OVERSEAS SERVICE.
Section 879 of the Homeland Security Act of 2002 (6 U.S.C. 459) is
amended by adding at the end the following:
``(c) Office of Overseas Service.--
``(1) In general.--The Secretary shall create an Office of
Overseas Service within the Office of International Affairs
similar to the Foreign Agricultural Service of the Department
of Agriculture and the United States and Foreign Commercial
Service of the Department of Commerce. The Director of the
Office of International Affairs shall be responsible for
administering the Office of Overseas Service.
``(2) Functions.--The Office of Overseas Service shall be
responsible for the following functions:
``(A) Serving as the contact for the Department of
Homeland Security with the State Department to
coordinate overseas assignments.
``(B) Recruitment of personnel for overseas
service.
``(C) Retention of personnel for overseas service.
``(D) Oversight of training of personnel for
overseas service.
``(3) Study and report.--
``(A) Study.--Prior to creating the Office of
Overseas Service, the Secretary shall direct the
Director of the Office of International Affairs to
conduct a study on how best to create a foreign service
component for the Department for the purpose of
adequately recruiting and retaining personnel who are
willing and able to serve in the Department in an
overseas capacity.
``(B) Report.--Not later than January 1, 2005, the
Director of the Office of International Affairs shall
prepare and submit to the appropriate congressional
committees (as defined by section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101)) a report that
contains the results of the study on creating an Office
of Overseas Service conducted pursuant to subparagraph
(A) and an implementation plan for carrying out such
study's recommendations.''.
CHAPTER 2--IMPLEMENTING A MORE EFFECTIVE VISA SECURITY PROGRAM
SEC. 105. IMPLEMENTING A MORE EFFECTIVE VISA SECURITY PROGRAM.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Congress a report--
(1) outlining how the Department of Homeland Security will
implement the recommendations of the report issued in August
2004 by the Office of the Inspector General of the Department
of Homeland Security entitled ``An Evaluation of DHS Activities
to Implement Section 428 of the Homeland Security Act of
2002'';
(2) detailing such department's progress in implementing
each of the recommendations described in paragraph (1); and
(3) examining the visa security program's effectiveness as
a counter-terrorism program.
(b) Consultation.--In preparing the report described in subsection
(a), the Secretary of Homeland Security shall consult with the
Secretary of State.
(c) Contents.--The report shall also include the following:
(1) Overseas placement of visa security officers.--The
report shall assess the criteria used in deciding where to
station or not to station visa security officers
(2) Qualifications of visa security officers.--The report
shall assess the skills required of a visa security officer,
including required foreign language skills.
(3) Duties.--The report shall contain both the model visa
security officer position description and the current duties of
the visa security officers stationed overseas.
(4) Placement within department.--The report shall contain
a recommendation on the proper location of the program within
Department of Homeland Security to maximize its value as a
counter-terrorism program.
CHAPTER 3--SECURING THE VISA WAIVER PROGRAM
SEC. 106. VISA WAIVER PROGRAM PASSENGER SCREENING; BIOGRAPHICAL CHECKS.
(a) In General.--The Secretary of Homeland Security shall
establish, as part of the integrated entry and exit data system
required under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic
system through which an alien seeking to enter the United States
without a visa under the visa waiver program described in section 217
of the Immigration and Nationality Act (8 U.S.C. 1187) is required to
submit biographical information prior to embarkation.
(b) Elements.--The electronic system required to be established
under subsection (a) shall satisfy the following requirements:
(1) Electronic determination of eligibility.--The system
shall include a method for an electronic determination to be
made, and an electronic response to be provided, in 30 minutes
or less, as to whether or not an alien submitting information
as described in subsection (a) is eligible to be admitted to
the United States as a nonimmigrant visitor described in
section 101(a)(15)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(B)).
(2) Carrier obligations.--The system shall include a method
for requiring--
(A) carriers and other corporations described in
section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to
inquire electronically, prior to an alien passenger's
embarkation without a visa, whether the alien has been
determined, using the system described in this section,
to be eligible for such an admission; and
(B) the electronic response to such inquiry to be
provided in 90 seconds or less.
(3) Deployment.--The system shall be deployed as soon as
possible after the date of the enactment of this Act.
(4) Fee.--The Secretary of Homeland Security shall
establish a fee to be charged to aliens described in subsection
(a) that is set at a level that will ensure the recovery of the
full costs of establishing and operating the system.
(c) Consultation.--In developing the system, the Secretary of
Homeland Security shall consult with, and allow for the system's review
by, a private sector group consisting of individuals with expertise in
immigration, travel, tourism, privacy, national security, or computer
security issues.
SEC. 107. DEFINING SECURITY RESPONSIBILITIES OF THE VISA WAIVER PROGRAM
OFFICE.
(a) In General.--The Secretary of Homeland Security shall create a
Visa Waiver Program Office.
(b) Functions.-- The functions of the head of the Visa Waiver
Program Office shall include the following:
(1) Developing a plan to submit the annual report required
under section 110(e) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note).
(2) Developing protocols and a plan to conduct biennial
country reviews.
(3) Determining funding levels necessary to support the
conduct of country reviews and to carry out the other
responsibilities of the office.
(4) Developing a process to comprehensively check all lost
and stolen passport data provided countries designated as visa
waiver program countries under section 217 of the Immigration
and Nationality Act (8 U.S.C. 1187) against entry and exit data
in information systems of the United States.
(5) Developing procedures to collect and analyze data
concerning the fraudulent use of visa waiver program passports.
(6) Including in the country review protocols provisions to
review document manufacturing and issuing security practices.
(7) Coordinating with the Department of State to establish
standard operating procedure for systemic and proactive
collection of lost and stolen passport information.
(8) Requiring that inventory control numbers and passport
numbers be queried in lookout systems.
(9) Reviewing policies that allow the return of fraudulent
travel documents to those who presented them when they are sent
back to their countries of origin.
SEC. 108. ADDITIONAL AND CONTINUOUS TRAINING FOR INSPECTORS IN FRAUD
AND IMPOSTER DETECTION.
(a) Fraud Detection.--The Secretary of Homeland Security shall
provide inspectors conducting inspections of aliens entering the United
States pursuant to the visa waiver program described in section 217 of
the Immigration and Nationality Act (8 U.S.C. 1187) with enhanced and
continuous training in detecting imposters and in passport and document
fraud detection. Additional training should be provided when any
program country designated under such section makes changes in its
passports. The Secretary shall report to the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)) on the amount and the type of training received
such inspectors on detecting and handling fraudulent documents.
(b) Foreign Languages.--The Secretary of Homeland Security shall
provide inspectors described in subsection (a) with foreign language
training in languages determined to be necessary to carrying out the
anti-terrorism and law enforcement functions of such inspectors.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such funds as may be necessary to develop the capability
to scan fraudulent documents and to transmit a high quality color image
to the forensic document laboratory. The Secretary of Homeland Security
shall ensure that staff is available in the Forensic Document
Laboratory on a 24-hour basis to assist in determining the validity of
the scanned document.
SEC. 109. AUTHORIZATION OF FUNDS.
There are authorized to be appropriated such sums as may be
necessary to carry out the functions described in this subchapter.
Subtitle E--Securing the Immigration Benefits Process
SEC. 111. IMMIGRATION OMBUDSMAN.
(a) Extension of Authority to All Immigration Functions.--Section
452 of the Homeland Security Act of 2002 (6 U.S.C. 272) is amended--
(1) in subsection (a), by striking ``Citizenship and
Immigration Services'' and inserting ``Immigration'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``the Bureau of
Citizenship and Immigration Services'' and inserting
``U.S. Citizenship and Immigration Services, U.S.
Immigration and Customs Enforcement, or U.S. Customs
and Border Protection''; and
(B) in each of paragraphs (2) and (3), by striking
``the Bureau of Citizenship and Immigration Services''
each place such term appears and inserting ``such
entities'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``the Bureau of
Citizenship and Immigration Services'' each place such
term appears and inserting ``the entities described in
subsection (b)''; and
(B) in paragraph (2), by striking ``Director of the
Bureau of Citizenship and Immigration Services,'' and
inserting ``Director of U.S. Citizenship and
Immigration Services, Assistant Secretary for U.S.
Immigration and Customs Enforcement, U.S. Customs and
Border Protection Commissioner'';
(4) in subsection (d)--
(A) in paragraph (2), by striking ``the Bureau of
Citizenship and Immigration Services'' and inserting
``the entities described in subsection (b)''; and
(B) in paragraph (4), by striking ``Director of the
Bureau of Citizenship and Immigration Services,'' and
inserting ``Director of U.S. Citizenship and
Immigration Services, Assistant Secretary for U.S.
Immigration and Customs Enforcement, and U.S. Customs
and Border Protection Commissioner'';
(5) in subsection (e)(2), by striking ``the Bureau of
Citizenship and Immigration Services'' and inserting ``the
entities described in subsection (b)'';
(6) in subsection (f)--
(A) by amending the subsection heading to read as
follows: ``Responsibilities.--'';
(B) by striking ``Director of the Bureau of
Citizenship and Immigration Services,'' and inserting
``Director of U.S. Citizenship and Immigration
Services, Assistant Secretary for U.S. Immigration and
Customs Enforcement, and the U.S. Customs and Border
Protection Commissioner''; and
(C) by striking ``director'' each place such term
appears and inserting ``person''; and
(7) in subsection (g), by striking ``the Bureau of
Citizenship and Immigration Services'' each place such term
appears and inserting ``the entities described in subsection
(b)''.
(b) Public Information Campaign; Private Sector Input.--
(1) In general.--Section 452(d) of the Homeland Security
Act of 2002 (6 U.S.C. 272(d)) is amended--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(5) shall launch a public information campaign; and
``(6) shall establish a group, which shall consist of
private individuals, and Federal, State, and local government
officials, with expertise in migration, travel, trade, or
national security issues, to provide the Ombudsman with private
sector input.''.
(2) Authorization of appropriations.--There are authorized
to be appropriated for such sums as may be necessary to carry
out the amendments made by paragraph (1).
(c) Additional Reporting Requirements.--Section 452(c) of the
Homeland Security Act of 2002 (6 U.S.C. 272(c)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (I);
and
(3) by inserting after subparagraph (F) the following:
``(G) shall state the percentage of complaints that
can be traced to delays in benefits processing; and
``(H) shall describe the extent to which delays in
benefits processing are attributable to entities
outside of the Department, particularly government
agencies conducting background checks.''.
SEC. 112. CIS WORKFLOW, TECHNOLOGY, AND STAFFING ASSESSMENT.
(a) In General.--The Comptroller General of the United States shall
conduct a comprehensive assessment of U.S. Citizenship and Immigration
Services within the Department of Homeland Security. Such assessment
shall include study of personnel, administrative and technical support
positions, technology, training, and facilities.
(b) Workflow.--As part of the study, the Comptroller General shall
examine all elements of such unit's workflow, in order to determine the
most efficient way to handle its work without compromising security.
Any obstacles associated with security matters should be identified and
recommendations should be made on ways to minimize such obstacles
without compromising security. The Comptroller General should assess
the division of work, adequacy of infrastructure (particularly
information technology), as well as personnel needs.
(c) Interactions With Other Organizations.--As part of the study,
the Comptroller General shall examine the unit's interactions with
other government organizations. Specifically, the Comptroller General
shall determine whether existing memoranda of understanding and
divisions of responsibility, especially any which pre-date the
establishment of the Department of Homeland Security, need to be
revised in order to improve the bureau's service delivery.
(d) Backlog Cost.--As part of the study, the Comptroller General
shall assess the current cost of maintaining the backlog (as defined in
section 203 of the Immigration Services and Infrastructure Improvements
Act of 2000 (8 U.S.C. 1572)).
(e) Interviews.--The Comptroller General may interview any front-
line personnel, without supervisors present, to determine priorities
and needs.
(f) Information Technology.--Aspects of this study related to
information technology should be coordinated with the Chief Information
Officer for the Department of Homeland Security and should build on the
findings of the task force established by section 3 of the Immigration
and Naturalization Service Data Management Improvement Act of 2000
(Public Law 106-215).
(g) Submission.--The study should be completed not later than
January 1, 2005, and shall be submitted to the Secretary of Homeland
Security, the Secretary of State, and the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)). It shall include recommendations for resource
allocation.
SEC. 113. STUDY ON BIOMETRICS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Director of the National Institute of Standards
and Technology, shall conduct a study of all biometric identifiers that
might be collected for purposes of processing and adjudicating
applications and petitions for immigration benefits, and shall
determine which among these identifiers would be most appropriate for
the purposes described in subsection (b). The Secretary shall provide
the resources necessary properly to conduct the study.
(b) Uses.--In carrying out subsection (a), the Secretary shall
consider the use of a biometric identifier--
(1) to register or catalogue a petition or application for
an immigration benefit upon submission to the appropriate
Federal agency;
(2) to check the petitioner or applicant against watch
lists;
(3) as part of the integrated entry and exit data system
required under section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a); and
(4) to conduct background checks with Federal intelligence
agencies.
(c) Factors.--The Secretary shall consider the following factors in
making the determination under subsection (a):
(1) Accuracy
(2) The technology available.
(3) Economic considerations.
(4) Storage.
(5) Efficiency.
(d) Submission.--The study should be completed within one year of
enactment, and shall be submitted to the Secretary of State and the
appropriate congressional committees (as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)).
SEC. 114. DIGITIZING IMMIGRATION FUNCTIONS.
(a) Digitized Fingerprints.--Not later than January 1, 2005, all
fingerprints taken for purposes of adjudicating an application or
petition for an immigration benefit shall be digitized.
(b) Registering Applications by Biometric.--Not later than January
1, 2005, all applications and petitions for an immigration benefit
shall be registered or catalogued by the receiving agency using a
biometric identifier. Initially, such biometric identifier shall be a
fingerprint. Subsequently, the Secretary of Homeland Security may
select one or more alternative biometric identifiers to be used for
such purposes, taking into account factors such as efficiency,
accuracy, the technology available, economic considerations, and
storage requirements.
SEC. 115. STUDY ON DIGITIZING IMMIGRATION BENEFIT APPLICATIONS.
(a) In General.--The Comptroller General of the United States shall
conduct a comprehensive study on digitizing all applications and
petitions for an immigration benefit, including digital storage,
cataloguing, and the ability to apply for all types of immigration
benefits through digital means. The study should consider costs for
both the Federal Government and the applicant or petitioner, as well as
the feasibility for all types of persons to apply by digital means.
(b) Submission.--The study should be completed not later than
January 1, 2005, and shall be submitted to the Secretary of Homeland
Security, the Secretary of State, and the appropriate congressional
committees (as defined in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101)).
TITLE V--STRENGTHENING RAIL SECURITY
SEC. 121. PUBLIC TRANSPORTATION SYSTEM GRANTS AND TRAINING.
(a) Homeland Security Public Transportation Grants.--
(1) Authorization.--The Secretary of Homeland Security is
authorized to make grants for the purpose of improving the
security of public transportation systems against acts of
terrorism. The grant program shall be administered by the Under
Secretary for Border and Transportation Security--
(A) in consultation with the Director of the Office
of Domestic Preparedness, to ensure that the program is
consistent with other Department of Homeland Security
grant programs;
(B) with the Assistant Secretary for Infrastructure
Protection to ensure that grant awards are consistent
with critical infrastructure risk assessments and
protective priorities as they relate to public
transportation; and
(C) with the Under Secretary for Science and
Technology to ensure that technology aspects of grant
proposals are feasible and generally consistent with
existing technologies and standards.
(2) Considerations.--Among the considerations on which
grants shall be awarded are the following:
(A) Risk of terrorism, including threat assessment,
vulnerabilities of public transportation systems,
potential effects of acts of terrorism against public
transportation systems, and past acts of terrorism
against modes of transportation.
(B) Merits of the proposed projects to increase
national security, based on a consideration of--
(i) threats;
(ii) vulnerabilities;
(iii) consequences, including human
casualties and economic impacts;
(iv) consequence management;
(v) the likelihood that such projects would
have been pursued in the normal course of
business and in the absence of national
security considerations; and
(vi) feasibility, based on the technical
and operational merits of the projects.
(3) Allowable use of funds.--Grants made under this
subsection shall be used for the purposes of--
(A) support for increased capital investments in
cameras, close-circuit television, and other
surveillance systems;
(B) increased capital investment in command,
control, and communications systems, including
investments for redundancy and interoperability and for
improved situational awareness, such as emergency call
boxes and vehicle locator systems;
(C) increased training, including for carrying out
exercises under subsection (b), and technical support
for public transportation employees, especially for
security awareness, prevention, emergency response,
including evacuation, and decontamination;
(D) expanded deployment of equipment and other
measures, including canine detection teams, for the
detection of explosives and chemical, biological,
radiological, and nuclear agents;
(E) capital improvements and operating activities,
including personnel expenditures, to increase the
physical security of stations, vehicles, bridges, and
tunnels;
(F) capital improvements and operating activities
to improve passenger survivability in the event of an
attack, including improvements in ventilation,
drainage, fire safety technology, emergency
communications systems, lighting systems, passenger
egress, and accessibility by emergency response
personnel;
(G) acquisition of emergency response and support
equipment, including fire suppression and
decontamination equipment; and
(H) expansion of employee education and public
awareness campaigns regarding security on public
transportation systems.
(4) Eligible recipients.--Grants shall be made available
under this subsection directly to owners, operators, and
providers of public transportation systems. Owners, operators,
and providers of infrastructure over which public
transportation operates, but which is not primarily used for
public transportation, may also be eligible for grants at the
discretion of the Secretary.
(5) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made under
this subsection are expended in accordance with the purposes of
this section and the priorities and other criteria developed by
the Secretary. If the Secretary determines that a recipient has
used any portion of the grant funds received under this
subsection for a purpose other than the allowable uses
specified for that grant under this subsection, the grantee
shall return any amount so used to the Treasury of the United
States.
(6) Procedures for grant award.--The Secretary shall
prescribe procedures and schedules for the awarding of grants
under this subsection, including application and qualification
procedures, and a record of decision on applicant eligibility.
The Secretary shall issue a final rule establishing the
procedures not later than 90 days after the date of enactment
of this Act.
(7) Cost share.--Grants made under this subsection shall
account for no more than--
(A) 85 percent for fiscal year 2005;
(B) 80 percent for fiscal year 2006; and
(C) 75 percent for fiscal year 2007,
of the expense of the purposes for which the grants are used.
(8) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out the purposes
of this subsection--
(A) $1,200,000,000 for fiscal year 2005;
(B) $900,000,000 for fiscal year 2006; and
(C) $700,000,000 for fiscal year 2007.
Amounts appropriated pursuant to this paragraph shall remain
available until expended.
(b) Training Exercises.--
(1) Guidelines.--Not later than 4 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
publish guidelines for the conduct by recipients of grants
under subsection (a) of appropriate exercises for emergency
response and public transportation employee training purposes.
(2) Plans.--Not later than 6 months after receipt of a
grant under subsection (a), the recipient of such grant shall
transmit to the Secretary its emergency response plan as well
as a plan for conducting exercises for emergency response and
public transportation employee training purposes pursuant to
the guidelines published under paragraph (1).
(3) Exercises.--
(A) Requirement.--Not later than 1 year after
receipt of a grant under subsection (a), the recipient
of such grant shall conduct an exercise pursuant to the
plan for conducting exercises transmitted under
paragraph (2).
(B) Exemptions.--The Secretary may exempt a grant
recipient from the requirement under subparagraph (A)
if the recipient has recently conducted an equivalent
exercise.
(C) Notice and report.--Not later than 30 days
after conducting an exercise under subparagraph (A) or
as described in subparagraph (B), the recipient shall
notify the Secretary that such exercise has been
completed, including a description of the results of
the exercise and findings and lessons learned from the
exercise, and shall make recommendations for changes,
if necessary, to existing emergency response plans. If
the recipient revises an emergency response plan as a
result of an exercise under this paragraph, the
recipient shall transmit the revised plan to the
Secretary not later than 6 months after the exercise.
(4) Technical assistance.--The Secretary shall provide
technical assistance in the design, preparation for, and
conduct of emergency response exercises.
(5) Use of plans.--The Secretary shall ensure that
information submitted to the Secretary under this subsection is
protected from any form of disclosure that might compromise
public transportation security or trade secrets.
Notwithstanding the preceding sentence, the Secretary may use
such information, on a nonattributed basis unless otherwise
agreed to by the source of the information, to aid in
developing recommendations, best practices, and materials for
use by public transportation authorities to improve security
practices and emergency response capabilities.
(c) Definition.--For the purposes of this section--
(1) the term ``public transportation employees'' means
security personnel, dispatchers, vehicle and vessel operators,
other onboard employees, maintenance and support personnel, and
other appropriate employees of owners, operators, and providers
of public transportation systems; and
(2) the term ``public transportation systems'' means
passenger, commuter, and light rail, including Amtrak and
subways, buses, commuter ferries, and other modes of public
transit.
SEC. 122. PUBLIC TRANSPORTATION SECURITY PLAN, BEST PRACTICES, AND
AWARENESS.
(a) Security Best Practices.--The Secretary of Homeland Security
shall, not later than 120 days after the date of enactment of this Act,
develop, disseminate to appropriate owners, operators, and providers of
public transportation systems, public transportation employees and
employee representatives, and Federal, State, and local officials, and
transmit to the Congress a report containing best practices for the
security of public transportation systems. In developing best
practices, the Secretary shall be responsible for consulting with and
collecting input from owners, operators, and providers of public
transportation systems, public transportation employee representatives,
first responders, industry associations, private sector experts,
academic experts, and appropriate Federal, State, and local officials.
(b) Public Awareness.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security shall develop
a national plan for public outreach and awareness. Such plan shall be
designed to increase awareness of measures that the general public,
public transportation passengers, and public transportation employees
can take to increase public transportation system security. Such plan
shall also provide outreach to owners, operators, providers, and
employees of public transportation systems to improve their awareness
of available technologies, ongoing research and development efforts,
and available Federal funding sources to improve public transportation
security. Not later than 9 months after the date of enactment of this
Act, the Secretary shall implement the plan developed under this
subsection.
(c) Security Plan.--
(1) Requirement.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Secretary of Transportation, shall
develop a strategic plan for the security of the Nation's
public transportation systems and transmit to Congress a report
containing a summary of that plan. Such plan shall--
(A) include a comprehensive assessment of risks to
the Nation's public transportation systems, including
an assessment of threats of terrorist attack,
vulnerabilities against terrorist attack, and human,
economic, and national security consequences of
terrorist attack;
(B) take into account actions taken or planned by
both public and private entities to address identified
security issues;
(C) describe measures for prevention, protection,
and preparedness, including recommended actions and
best practices (as described in subsection (a));
(D) make prioritized recommendations for improving
public transportation system security;
(E) identify specific actions the Federal
Government should take to provide increased security
support for public transportation systems, both
generally and in periods of high or severe threat
levels of alert;
(F) identify measures for coordinating initiatives
undertaken by the public and private sectors to
increase security of public transportation systems;
(G) contain an estimate of the cost to implement
measures, recommendations, and best practices, and
other actions contained within the plan;
(H) identify milestones and timeframes for
implementing measures, recommendations, and best
practices, and other actions contained within the plan;
and
(I) identify methods for measuring progress against
the plan and communicating such progress to owners,
operators, and providers of public transportation
systems and to Congress.
(2) Implementation.--The Secretary shall begin
implementation of the plan not later than 3 months after its
development.
(3) Consultation; use of existing resources.--In developing
the plan under this subsection, the Secretary shall be
responsible for consulting with and collecting input from
owners, operators, and providers of public transportation
systems, public transportation employee representatives, first
responders, industry associations, private sector experts,
academic experts, and appropriate Federal, State, and local
officials.
(4) Format.--The Secretary may submit the report in both
classified and unclassified formats if the Secretary considers
that such action is appropriate or necessary.
(5) 2-year updates.--The Secretary, in consultation with
the Secretary of Transportation, shall update the plan every 2
years, as necessary, and transmit such updated report to
Congress.
(d) Definition.--For the purposes of this section--
(1) the term ``public transportation employees'' means
security personnel, dispatchers, vehicle and vessel operators,
other onboard employees, maintenance and support personnel, and
other appropriate employees of owners, operators, and providers
of public transportation systems; and
(2) the term ``public transportation systems'' means
passenger, commuter, and light rail, including Amtrak and
subways, buses, commuter ferries, and other modes of public
transit.
SEC. 123. MEMORANDUM OF AGREEMENT.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Homeland Security and the Secretary of
Transportation shall execute a Memorandum of Agreement governing the
roles and responsibilities of the Department of Homeland Security and
the Department of Transportation, respectively, in addressing security
matters for public transportation systems, including the process the
departments will follow to promote communications, efficiency, and
nonduplication of effort. Such Memorandum of Agreement shall also
establish a formal mechanism to ensure coordination and the timely
sharing of expertise and information between the Department of Homeland
Security and the Department of Transportation, as appropriate, in
public transportation security.
(b) Definition.--For the purposes of this section the term ``public
transportation systems'' means passenger, commuter, and light rail,
including Amtrak and subways, buses, commuter ferries, and other modes
of public transit.
TITLE VI--STRENGTHENING PORT SECURITY
SEC. 130. SHORT TITLE.
This title may be cited as the ``Secure Containers from Overseas
and Seaports from Terrorism Act'' or the ``Secure COAST Act''.
Subtitle A--Bureau of Customs and Border Protection Security Programs
SEC. 131. AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
(a) In General.--Title IV of the Homeland Security Act of 2002 (6
U.S.C. 201 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle G--Bureau of Customs and Border Protection Security Programs
``SEC. 481. STANDARDS AND VERIFICATION PROCEDURES FOR THE SECURITY OF
MARITIME CARGO CONTAINERS.
``(a) Standards and Verification Procedures.--Not later than 180
days after the date of the enactment of the Secure COAST Act, the
Secretary, acting through the Under Secretary for Border and
Transportation Security, shall establish standards and verification
procedures for the security of maritime cargo containers moving within
the intermodal transportation system, including standards for sealing
and procedures for seal verifications for cargo containers at loading.
``(b) Requirements.--The standards and verification procedures
established pursuant to subsection (a) shall be consistent with the
cargo container security recommendations of Operation Safe Commerce,
the interagency Container Working Group, and the Smart and Secure Trade
Lane program and shall meet the following additional requirements:
``(1) Seal standards.--Maritime cargo containers shall at a
minimum be affixed with a security seal equivalent to the level
`D' high security seal (as certified by the International
Organization for Standardization (ISO); Certification No.
17712) at loading.
``(2) Seal verification.--Procedures shall be established
for the verification of security seals described in paragraph
(1), including procedures to determine which individuals and
entities in the intermodal transportation system are
responsible for sealing maritime cargo containers, recording of
seal numbers, changes to such numbers if a container is opened,
and anomalies relating to security seals.
``(c) Evaluation of Container Tracking Technologies, Container
Targeting, and Security of Empty Containers.--
``(1) Evaluation.--The Secretary, acting through the Under
Secretary for Border and Transportation Security, shall carry
out the following:
``(A) Container tracking technologies.--The
Secretary shall evaluate the security benefits of
existing technology for container tracking from the
point of loading to its final destination, such as
electronic seals or intrusion detection devices that
can detect a physical breach of a container. In
addition to determining the security benefits, the
Secretary shall determine the costs, infrastructure,
communication system, required to deploy such
technology in the intermodal transportation system,
including incentives for investment in such technology.
``(B) Container targeting.--The Secretary shall
evaluate trade information, in addition to cargo
manifest information, such as purchase orders, port of
origin data, and transshipment data, which would
improve the ability of the Bureau of Customs and Border
Protection to carry out risk analysis of containers.
``(2) Report.--Not later than 180 days after the date of
the enactment of the Secure COAST Act, the Secretary shall
prepare and submit to the appropriate congressional committees
a report that contains the results of the evaluations carried
out under paragraph (1), including any recommendations thereto.
``SEC. 482. VALIDATION OF SECURITY MEASURES UNDER THE C-TPAT PROGRAM.
``(a) General Validation.--Not later than September 30, 2005, and
on an annual basis thereafter, the Commissioner of the Bureau of
Customs and Border Protection shall conduct on site validations of each
individual and entity participating in the C-TPAT program to ensure
that the individual or entity is implementing appropriate security
measures under the program. The Commissioner may certify private
security companies to carry out the validation process described in the
preceding sentence.
``(b) Specific Validation.--The Commissioner shall establish
inspection teams under the C-TPAT program to evaluate the program's
security requirements and, as circumstances warrant, to carry out
unannounced inspections of individuals and entities participating in
the program to ensure compliance with the security requirements.
``(c) Penalties for Non-Compliance.--The Commissioner shall
establish penalties for non-compliance with the requirements of the C-
TPAT program by individuals and entities participating in the program,
including probation or expulsion from the program, as appropriate.
``SEC. 483. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT;
INTEGRATED CARGO INSPECTION SYSTEM.
``(a) Deployment of Radiation Detection Portal Equipment.--
``(1) Deployment.--Not later than September 30, 2005, the
Commissioner of the Bureau of Customs and Border Protection
shall deploy radiation detection portal equipment at all United
States seaports, other United States ports of entry, and major
facilities as determined by the Secretary.
``(2) Report.--Not later than December 31, 2004, the
Commissioner shall submit to the appropriate congressional
committees a report on the implementation of the requirement
under paragraph (1).
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Commissioner $290,000,000 for fiscal
year 2005 to carry out this subsection.
``(b) Integrated Cargo Inspection System.--
``(1) Plan.--The Commissioner of the Bureau of Customs and
Border Protection shall develop a plan to integrate radiation
detection portal equipment with gamma-ray inspection technology
equipment at United States seaports and foreign seaports that
are participating the Container Security Initiative in order to
facilitate the detection of nuclear weapons in maritime cargo
containers. Such plan shall include methods for automatic
identification of containers and vehicles for inspection in a
timely manner and a data sharing network capable of
transmitting gamma-ray images and cargo data among relevant
ports and the National Targeting Center of the Bureau of
Customs and Border Protection.
``(2) Report.--Not later than 180 days after the date of
the enactment of the Secure COAST Act, the Commissioner shall
prepare and submit to the appropriate congressional committees
a report that contains--
``(A) a description of the plan developed under
paragraph (1), including any infrastructure
improvements required at the seaports involved;
``(B) an estimate of the costs associated with
implementation of the plan; and
``(C) an estimate of the timeframe for
implementation of the plan.
``SEC. 484. STAFFING ASSESSMENT OF SEAPORT SECURITY MISSIONS.
``(a) Study.--The Commissioner of the Bureau of Customs and Border
Protection shall conduct a study to determine the number of Bureau
inspectors and other appropriate personnel that should be stationed at
United States seaports and foreign seaports that are participating in
the Container Security Initiative (CSI) to support increased
inspections of low risk cargo, deployment of personnel at foreign
seaports for a period of at least one year, and the manning of
radiation portal monitors installed at such seaports. In determining
such number of Bureau inspectors, the Commissioner shall take into
account the requirements contained in the other sections of this
subtitle.
``(b) Report.--Not later than 180 days after the date of the
enactment of the Secure COAST Act, the Commissioner shall prepare and
submit to the appropriate congressional committees a report that
contains the results of the study conducted under subsection (a).
``SEC. 485. CSI REPORT.
``Not later than 180 days after the date of the enactment of the
Secure COAST Act, and on an annual basis thereafter, the Secretary,
acting through the Commissioner of the Bureau of Customs and Border
Protection, shall prepare and submit to the appropriate congressional
committees a report that contains all cargo inspection data at foreign
seaports participating in the Container Security Initiative (CSI) for
the prior year. The initial report shall include the plan for the
`strategic port' phase of the CSI.
``SEC. 486. DEFINITIONS.
``In this subtitle:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Appropriations, the
Committee on Ways and Means, the Select Committee on
Homeland Security (or any successor committee), and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
``(B) the Committee on Appropriations, the
Committee on Finance, the Committee on Commerce,
Science, and Transportation, and the Committee on
Governmental Affairs of the Senate.
``(2) Bureau of customs and border protection or bureau.--
The term `Bureau of Customs and Border Protection' or `Bureau'
means the Bureau of Customs and Border Protection of the
Department.
``(3) Commissioner.--The term `Commissioner' means the
Commissioner of the Bureau of Customs and Border Protection.
``(4) Container security initiative or csi.--The term
`Container Security Initiative' or `CSI' means the program
carried out by the Bureau of Customs and Border Protection
under which Bureau personnel are deployed to major seaports
outside the United States to work with their host country
counterparts to--
``(A) establish security criteria to identify high-
risk maritime cargo containers bound for the United
States based on advance information;
``(B) identify and pre-screen such maritime cargo
containers for chemical, biological, or nuclear weapons
through examination or inspection; and
``(C) develop secure or `smart' maritime cargo
containers.
``(5) C-TPAT program.--The term `C-TPAT program' means the
Customs-Trade Partnership Against Terrorism program carried out
by the Bureau of Customs and Border Protection under which
importers, brokers, air, sea, and land carriers, and other
individuals and entities in the intermodal transportation
system voluntarily enter into partnerships with the Bureau to
establish and carry out a validation process to ensure that
participants are implementing appropriate security measures to
protect the system from being compromised by individual
terrorists and terrorist organizations.
``(6) Interagency container working group.--The term
`Interagency Container Working Group' means the working group
consisting of representatives of the former United States
Customs Service and the National Infrastructure Security
Committee of the Department of Transportation that provided
recommendations relating to the security of intermodal cargo
containers to the Office of Homeland Security in the Executive
Office of the President.
``(7) Operation safe commerce.--The term `Operation Safe
Commerce' means the program carried out by the Department of
Transportation and the Bureau of Customs and Border Protection
to fund business initiatives designed to enhance security for
maritime cargo containers moving within the intermodal
transportation system.
``(8) Smart and secure trade lane program.--The term `Smart
and Secure Trade Lane Program' means the program carried out by
the intermodal transportation industry to provide security and
ensure efficiency throughout the intermodal transportation
system, specifically by developing technology to improve the
security of intermodal cargo containers and to improve
information sharing within the industry relating to such
security and efficiency.''
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the items
relating to subtitle F of title IV the following new items:
``Subtitle G--Bureau of Customs and Border Protection Security Programs
``Sec. 481. Standards for the security of maritime cargo containers.
``Sec. 482. Validation of security measures under the C-TPAT program.
``Sec. 483. Deployment of radiation detection portal equipment;
integrated cargo inspection system.
``Sec. 484. Staffing assessment of seaport security missions.
``Sec. 485. CSI report.
``Sec. 486. Definitions.''.
Subtitle B--Port Security
SEC. 135. PORT SECURITY GRANT FUNDING.
Section 70107(h) of title 46, United States Code, is amended to
read as follows:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out subsections (a) through
(g)--
``(1) $537,000,000 for fiscal year 2005; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
SEC. 136. FUNDING FOR COLLABORATIVE PROGRAM FOR DEVELOPMENT OF MARITIME
INFORMATION SHARING AND ANALYSIS CAPABILITY.
(a) Fiscal Year 2005.--Of the amounts authorized to be appropriated
to the Department of Homeland Security, $3,000,000 shall be available
for a grant to assist the maritime industry to develop and operare a
colloaborative maritime information sharing and analysis capability.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should include in budget requests
submitted for fiscal years 2006 and 2007 sufficient funds to
ensure that such a maritime information sharing and analysis
capability is fully operational before fiscal year 2008; and
(2) the maritime industry should pay at least half of the
operating costs of such capability incurred in fiscal year 2008
and thereafter.
SEC. 137. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title the term ``appropriate congressional committees''
means the Committee on Transportation and Infrastructure, the Select
Committee on Homeland Security, and the Committee on Appropriations of
the House of Representatives and the Committee on Commerce, Science and
Transportation and the Committee on Appropriations of the Senate.
Subtitle C--Strengthening the Coast Guard
SEC. 141. ACCELERATION OF INTEGRATED DEEPWATER PROGRAM.
In addition to any other amounts authorized, there is authorized to
be appropriated to the Secretary of Homeland Security $1,892,000,000
for fiscal year 2005 for the acquisition and construction of vessels,
aircraft, shore and offshore facilities and other components associated
with the Integrated Deepwater System in accordance with the report
required by section 888 of the Homeland Security Act of 2002 (116 Stat.
2250).
SEC. 142. INCREASE IN AUTHORIZED COAST GUARD PERSONNEL.
The Coast Guard is authorized an end-of-year strength for active
duty personnel of 50,000 as of September 30 of each of 2005 and 2006.
SEC. 143. SENSE OF THE CONGRESS REGARDING NAMING NEW VESSELS UNDER THE
DEEPWATER PROGRAM FOR CITIES OF THE UNITED STATES.
It is the sense of the Congress that the Coast Guard should
consider including in its naming protocols for new vessels constructed
under the Deepwater Program the names of cities of the United States,
in recognition of their support and friendly relationship to the Coast
Guard and the challenge to cities in the United States from terrorism.
TITLE VII--STRENGTHENING AVIATION SECURITY
SEC. 151. PASSENGER AND BAGGAGE SCREENING OPERATIONS.
(a) Study.--The Secretary of Homeland Security shall conduct a
study on the workforce size needed to adequately conduct passenger and
baggage screening operations. The study shall include an analysis of
the optimal screener workforce for security purposes, taking into
account the following: passenger demand for air travel, number of
airports and screening checkpoints, number of screeners required to
operate each checkpoint, risk assessments, acceptable average peak wait
times, and use of currently existing and near-term technologies
(including inline explosive detection systems for baggage screening).
The study shall cover all screeners, whether employed by the
Transportation Security Administration or private companies.
(b) Report.--As soon as practicable, the Secretary shall transmit
to the Congress a report on the results of the study, including
assessments of full time versus part time screeners, and
recommendations on appropriate ratio of supervisors, lead screeners,
and screeners. The Secretary shall include in the report a description
of the assumptions used for determining acceptable passenger wait times
at screening checkpoints and how different lengths of expected wait
times would influence the analysis.
(c) Sense of Congress.--It is the sense of the Congress that
following the receipt of the report under subsection (b), Congress
should provide the Transportation Security Administration with the
resources necessary to maintain the workforce size required according
to the study in subsection (a).
SEC. 152. CHECKED BAGGAGE SECURITY SCREENING.
(a) In General.--Subchapter I of chapter 449 of title 49 United
States Code, is amended by adding at the end the following:
``Sec. 44925. Authority to enter into multi-year contracts for the
provision of electronic explosive detection system images
for checked baggage and related items
``(a) General Authority.--Not later than 60 days after the date of
enactment of this section, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall establish a program to
enter into multi-year contracts of not more than 10 years with airport
operators or other non-Federal entities to provide electronic explosive
detection system images of checked baggage for screening purposes.
``(b) Required Findings.--The Assistant Secretary may enter into a
contract for the provision of images under this section at an airport
only if the Assistant Secretary finds that the average annual cost of
the contract is less than the total estimated average annual cost for
the Transportation Security Administration to acquire such images
through the operation of stand alone explosive detection systems at
that airport.
``(c) Ending Contract.--A contract made under this section shall be
contingent on the availability of annual appropriations and shall be
ended if amounts are not made available to continue the contract in
subsequent fiscal years. The Assistant Secretary may not terminate a
contract made under this section to the extent annual appropriations
are available, except when the Assistant Secretary finds cause for
termination.
``(d) Contract Provisions.--A contract made under this section--
``(1) may include any cost associated with providing
electronic explosive detection system images, including
``(A) maintenance;
``(B) financing;
``(C) reasonable management fees; and
``(D) other items or services the Assistant
Secretary deems necessary;
``(2) may specify the manner in which the electronic
explosive detection system images may be acquired and any other
operational requirements the Assistant Secretary deems
necessary;
``(3) may specify ownership rights of the electronic
explosive detection system images; and
``(4) may be made with multiple parties.
``(e) System Design.--Prior to entering into a contract under this
section with respect to an airport, the Assistant Secretary shall
consult with the operator and users of the airport to ensure that the
provision of electronic explosive detection system images under this
section takes into consideration the operational needs of the airport
and its users.
``(f) Priority Consideration.--The Assistant Secretary shall give
priority under this section to entering into contracts that--
``(1) will expedite the installation of integrated in-line
explosive detection systems at air carrier airports (as defined
in section 47102) that have approved plans on the date of
enactment of this section; and
``(2) have not met the requirement of section 44901(d) of
title 49, United States Code, to screen all checked baggage
with explosive detection systems.
``(g) Scoring.--Notwithstanding any other provision of law, any
contract entered into under this section shall be treated and scored as
an operating lease as defined in the Office of Management and Budget
Circular A-11.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 44924 the following:
``44925. Authority to enter into multi-year contracts for the provision
of electronic explosive detection system
images for checked baggage and related
items.''.
SEC. 153. AVIATION SECURITY CAPITAL FUND.
(a) In General.--Section 44923(h)(1) of title 49, United States
Code, is amended--
(1) by striking ``in each of fiscal years 2004'' and
inserting ``in fiscal year 2004 and the first $500,000,000
derived from such fees in each of fiscal years 2005''; and
(2) by striking ``in each of such fiscal years'' and
inserting ``in fiscal year 2004 and at least $500,000,000 in
each of fiscal years 2005 through 2007''.
(b) Discretionary Grants.--Section 44923(h)(3) of such title is
amended by inserting after ``$125,000,000'' the following: ``for fiscal
year 2004 and $375,000,000 for each of fiscal years 2005 through
2007''.
SEC. 154. ELIMINATION OF BAG-MATCH PROGRAM AS ACCEPTABLE ALTERNATIVE
FOR CHECKED BAGGAGE.
(a) In General.--The only approved methods for ensuring that
checked baggage on passenger aircraft do not contain dangerous
materials shall be one or more of the use explosive detection
technology, manual search, and search by canine explosive units.
(b) Bag-Match Program Phase-out.--The reliance on matching baggage
to passengers onboard the air-craft shall be phased-out over a 6-month
period after the date of enactment of this Act. The Secretary of
Homeland Security shall develop a plan for the phase-out and may
authorize further use of the bag-match program following the phase-out
period where necessary in case of an emergency or other extenuating
circumstance as determined by the Secretary.
(c) Limitation on Statutory Construction.--Nothing in this section
shall be construed to prevent the Transportation Security
Administration from using the bag-match program as a supplemental means
of securing checked baggage.
SEC. 155. AVIATION SECURITY TECHNOLOGIES.
(a) Report- Not later than six months after the date of the
enactment of this section, the Secretary of Homeland Security shall
transmit to the Congress a report on--
(1) the status and technical maturity of aviation security
technologies (including technologies for detecting explosive,
chemical, biological, or radiological materials on or in
passengers, carry-on or checked baggage, or air cargo;
improving resolution and readability of explosive detection
systems; integrating the threat imaging projection system into
checked baggage detection systems; site access security for
airport facilities; and such other technologies as the
Secretary deems appropriate);
(2) for those technologies where possible, the planned
schedule for deployment of such technologies;
(3) the expected future costs for development, testing,
evaluation, procurement, and installation, and projected annual
costs for operation and maintenance, of such technologies;
(4) potential deployment problems in an airport setting;
and
(5) methods of deploying security technologies to airports
in a manner that maximizes the number of technologies that
Federal and airport security personnel can effectively operate.
SEC. 156. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
Subtitle A of title IV of the Homeland Security Act of 2002 (6
U.S.C. 201-203) is amended by adding at the end the following:
``SEC. 404. AIR CARGO ON PASSENGER AIRCRAFT.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall establish and begin to
implement a system to screen or inspect all cargo that is to be
transported in passenger aircraft operated by an air carrier or foreign
air carrier in air transportation or intrastate air transportation (as
such terms are defined in section 40102 of title 49, United States
Code). The system shall require the use of equipment, technology, and
personnel to screen and inspect cargo that meet the same standards as
those established by the Secretary for equipment, technology, and
personnel used to screen passenger baggage.
``(b) Report.--Not later than 210 days after the date of the
enactment of this section, the Secretary shall transmit to the Congress
a report describing the system under subsection (a).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 157. DATABASE ON KNOWN SHIPPING COMPANIES.
(a) In General.--Not later than April 1, 2005, the Secretary of
Homeland Security shall complete, and make available as appropriate to
personnel of the Transportation Security Administration, freight
forwarders, airport authorities, air carriers, and other relevant
entities a database containing the names and other relevant information
of all known shipping companies. In making such database available to
nongovernmental entities, the Secretary shall ensure that sensitive
security information and company proprietary information is adequately
protected.
(b) Report.--Not later than the 30th day following the date of the
completion of the database under subsection (a), the Secretary shall
transmit to Congress a report on the number of known shipping companies
in the database, the number of known shipping companies for whom the
Administration has conducted physical inspections of facilities and
paperwork of such companies to determine compliance with security
regulations that apply to those companies, the number of companies that
have applied to the Secretary for known shipping company status and
been denied, and the number of known shipping companies that have been
removed from the database as a result of findings by the Administration
that such companies have failed to comply with appropriate security
regulations.
SEC. 158. FLIGHT CREW COMMUNICATION SYSTEMS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Homeland Security shall
require, to the greatest extent technically feasible, air carriers (as
defined in section 40102 of title 49, United States Code) to provide
flight attendants with a discreet and wireless method of communicating
with pilots that meet such standards as the Secretary may establish by
regulation. Such a system must be accessible by any Federal air marshal
on a flight of an air carrier and appropriate Government security
officials and personnel of the air carrier.
(b) Deadline for Regulations.--The Secretary shall issue
regulations to carry out this section not later than the 90th day
following the date of the enactment of this Act.
SEC. 159. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) Requirement for Strategy.--
(1) Responsibilities of secretary of homeland security.--
The Secretary of Homeland Security shall--
(A) develop and implement a National Strategy for
Transportation Security; and
(B) revise such strategy whenever necessary to
improve or to maintain the currency of the strategy or
whenever the Secretary otherwise considers it
appropriate to do so.
(2) Consultation with secretary of transportation.--The
Secretary of Homeland Security shall consult with the Secretary
of Transportation in developing and revising the National
Strategy for Transportation Security under this section.
(b) Content.--The National Strategy for Transportation Security
shall include the following matters:
(1) An identification and evaluation of the transportation
assets within the United States that, in the interests of
national security, must be protected from attack or disruption
by terrorist or other hostile forces, including aviation,
bridge and tunnel, commuter rail and ferry, highway, maritime,
pipeline, rail, urban mass transit, and other public
transportation infrastructure assets that could be at risk of
such an attack or disruption.
(2) The development of the risk-based priorities, and
realistic deadlines, for addressing security needs associated
with those assets.
(3) The most practical and cost-effective means of
defending those assets against threats to their security.
(4) A forward-looking strategic plan that assigns
transportation security roles and missions to departments and
agencies of the Federal Government (including the Armed
Forces), State governments (including the Army National Guard
and Air National Guard), local governments, and public
utilities, and establishes mechanisms for encouraging private
sector cooperation and participation in the implementation of
such plan.
(5) A comprehensive delineation of response and recovery
responsibilities and issues regarding threatened and executed
acts of terrorism within the United States.
(6) A prioritization of research and development objectives
that support transportation security needs, giving a higher
priority to research and development directed toward protecting
vital assets.
(7) A budget and recommendations for appropriate levels and
sources of funding to meet the objectives set forth in the
strategy.
(c) Submissions to Congress.--
(1) The national strategy.--
(A) Initial strategy.--The Secretary of Homeland
Security shall submit the National Strategy for
Transportation Security developed under this section to
Congress not later than April 1, 2005.
(B) Subsequent versions.--After 2005, the Secretary
of Homeland Security shall submit the National Strategy
for Transportation Security, including any revisions,
to Congress not less frequently than April 1 of each
even-numbered year.
(2) Periodic progress report.--
(A) Requirement for report.--Each year, in
conjunction with the submission of the budget to
Congress under section 1105(a) of title 31, United
States Code, the Secretary of Homeland Security shall
submit to Congress an assessment of the progress made
on implementing the National Strategy for
Transportation Security.
(B) Content.--Each progress report under this
paragraph shall include, at a minimum, the following
matters:
(i) An assessment of the adequacy of the
resources committed to meeting the objectives
of the National Strategy for Transportation
Security.
(ii) Any recommendations for improving and
implementing that strategy that the Secretary,
in consultation with the Secretary of
Transportation, considers appropriate.
(3) Classified material.--Any part of the National Strategy
for Transportation Security that involves information that is
properly classified under criteria established by Executive
order shall be submitted to Congress separately in classified
form.
(d) Priority Status.--
(1) In general.--The National Strategy for Transportation
Security shall be the governing document for Federal
transportation security efforts.
(2) Other plans and reports.--The National Strategy for
Transportation Security shall include, as an integral part or
as an appendix--
(A) the current National Maritime Transportation
Security Plan under section 70103 of title 46, United
States Code;
(B) the report of the Secretary of Transportation
under section 44938 of title 49, United States Code;
and
(C) any other transportation security plan or
report that the Secretary of Homeland Security
determines appropriate for inclusion.
SEC. 160. USE OF WATCHLISTS FOR PASSENGER AIR TRANSPORTATION SCREENING.
(a) In General.--The Secretary of Homeland Security, acting through
the Transportation Security Administration, as soon as practicable
after the date of the enactment of this Act but in no event later than
90 days after that date, shall--
(1) implement a procedure under which the Transportation
Security Administration compares information about passengers
who are to be carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation or
intrastate air transportation for flights and flight segments
originating in the United States with a comprehensive,
consolidated database containing information about known or
suspected terrorists and their associates; and
(2) use the information obtained by comparing the passenger
information with the information in the database to prevent
known or suspected terrorists and their associates from
boarding such flights or flight segments or to subject them to
specific additional security scrutiny, through the use of ``no
fly'' and ``automatic selectee'' lists or other means.
(b) Air Carrier Cooperation.--The Secretary of Homeland Security,
in coordination with the Secretary of Transportation, shall by order
require air carriers to provide the passenger information necessary to
implement the procedure required by subsection (a).
(c) Maintaining the Accuracy and Integrity of the ``No Fly'' and
``Automatic Selectee'' Lists.--
(1) Watchlist database.--The Secretary of Homeland
Security, in consultation with the Director of the Federal
Bureau of Investigation, shall design guidelines, policies, and
operating procedures for the collection, removal, and updating
of data maintained, or to be maintained, in the watchlist
database described in subsection (a)(1) that are designed to
ensure the accuracy and integrity of the database.
(2) Accuracy of entries.--In developing the ``no fly'' and
``automatic selectee'' lists under subsection (a)(2), the
Secretary of Homeland Security shall establish a simple and
timely method for correcting erroneous entries, for clarifying
information known to cause false hits or misidentification
errors, and for updating relevant information that is
dispositive in the passenger screening process. The Secretary
shall also establish a process to provide individuals whose
names are confused with, or similar to, names in the database
with a means of demonstrating that they are not a person named
in the database.
TITLE VIII--IMPROVING PRIVATE SECTOR PREPAREDNESS
SEC. 161. SHORT TITLE.
This title may be cited as the ``Private Sector Preparedness Act of
2004''.
SEC. 162. FINDINGS.
Congress finds the following:
(1) Private sector organizations own 85 percent of the
Nation``s infrastructure facilities and employ the vast
majority of the Nation''s employees. The resources of these
organizations, including property and personnel, can be
coordinated in an emergency situation more efficiently than the
population in general.
(2) Private sector organizations are often unprepared for
emergencies, whether resulting from a natural disaster or a
terrorist incident. Although there have been exemplary efforts
by select private sector organizations, emergency preparedness
is not generally a priority for these organizations.
(3) The hearings of and testimony before the National
Commission on Terrorist Attacks Upon the United States
demonstrated that the lack of emergency preparedness and
evacuation planning, training, and exercises by private sector
organizations may have contributed to additional casualties at
the World Trade Center on September 11, 2001.
(4) Although there may be an interest in promoting
emergency preparedness within private sector organizations,
there remains uncertainty and confusion as to the definition of
appropriate and adequate preparedness and what actions these
organizations should take.
(5) Identifying standards and best practices is necessary
to promote emergency preparedness by private sector
organizations, in addition to educational activities to
effectively communicate such standards and best practices.
SEC. 163. PRIVATE SECTOR EMERGENCY PREPAREDNESS PROGRAM.
(a) Establishment of Preparedness Program.--Title V of the Homeland
Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the
end the following:
``SEC. 510. PRIVATE SECTOR EMERGENCY PREPAREDNESS PROGRAM.
``(a) Preparedness Program.--Not later than 90 days after the date
of enactment of this section, the Secretary shall develop and implement
a program to enhance private sector preparedness for emergencies and
disasters, including emergencies resulting from acts of terrorism.
``(b) Program Elements.--In carrying out the program, the Secretary
shall develop guidance and identify best practices to assist or foster
action by the private sector in
``(1) identifying hazards and assessing risks and impacts;
``(2) mitigating the impacts of a wide variety of hazards,
including weapons of mass destruction;
``(3) managing necessary emergency preparedness and
response resources;
``(4) developing mutual aid agreements;
``(5) developing and maintaining emergency preparedness and
response plans, as well as associated operational procedures;
``(6) developing and maintaining communications and warning
systems;
``(7) developing and conducting training and exercises to
support and evaluate emergency preparedness and response plans
and operational procedures;
``(8) developing and conducting training programs for
security guards to implement emergency preparedness and
response plans and operations procedures; and
``(9) developing procedures to respond to external requests
for information from the media and the public.
``(c) Standards.--
``(1) In general.--The Secretary shall support the
development of, promulgate, and regularly update as necessary
national voluntary consensus standards for private sector
emergency preparedness that will enable private sector
organizations to achieve optimal levels of emergency
preparedness as soon as practicable. Such standards include the
National Fire Protection Association 1600 Standard on Disaster/
Emergency Management and Business Continuity Programs.
``(2) Consultation.--The Secretary shall carry out
paragraph (1) in consultation with the Under Secretary for
Emergency Preparedness and Response, the Under Secretary for
Science and Technology, the Under Secretary for Information
Analysis and Infrastructure Protection, and the Special
Assistant to the Secretary for the Private Sector.
``(d) Coordination.--The Secretary shall coordinate the program
with, and utilize to the maximum extent practicable
``(1) the voluntary standards for disaster and emergency
management and business continuity programs developed by the
American National Standards Institute and the National Fire
Protection Association; and
``(2) any existing private sector emergency preparedness
guidance or best practices developed by private sector industry
associations or other organizations.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of such Act (116 Stat. 2135) is amended by inserting after
the item relating to section 509 the following:
``Sec. 510. Private sector emergency preparedness program.''.
TITLE IX--INCREASING INFORMATION SHARING
SEC. 165. INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Executive council.--The term ``Executive Council''
means the Executive Council on Information Sharing established
under subsection (h).
(2) Homeland security information.--The term ``homeland
security information'' means all information, whether
collected, produced, or distributed by intelligence, law
enforcement, military, homeland security, or other activities
relating to--
(A) the existence, organization, capabilities,
plans, intentions, vulnerabilities, means of finance or
material support, or activities of foreign or
international terrorist groups or individuals, or of
domestic groups or individuals involved in
transnational terrorism;
(B) threats posed by such groups or individuals to
the United States, United States persons, or United
States interests, or to those of other nations;
(C) communications of or by such groups or
individuals; or
(D) groups or individuals reasonably believed to be
assisting or associated with such groups or
individuals.
(3) Network.--The term ``Network'' means the Information
Sharing Network described under subsection (c).
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks upon the United States, Congress makes
the following findings:
(1) The effective use of information, from all available
sources, is essential to the fight against terror and the
protection of our homeland. The biggest impediment to all-
source analysis, and to a greater likelihood of ``connecting
the dots'', is resistance to sharing information.
(2) The United States Government has access to a vast
amount of information, including not only traditional
intelligence but also other government databases, such as those
containing customs or immigration information. However, the
United States Government has a weak system for processing and
using the information it has.
(3) In the period preceding September 11, 2001, there were
instances of potentially helpful information that was available
but that no person knew to ask for; information that was
distributed only in compartmented channels, and information
that was requested but could not be shared.
(4) Current security requirements nurture over-
classification and excessive compartmentalization of
information among agencies. Each agency"s incentive structure
opposes sharing, with risks, including criminal, civil, and
administrative sanctions, but few rewards for sharing
information.
(5) The current system, in which each intelligence agency
has its own security practices, requires a demonstrated ``need
to know'' before sharing. This approach assumes that it is
possible to know, in advance, who will need to use the
information. An outgrowth of the cold war, such a system
implicitly assumes that the risk of inadvertent disclosure
outweighs the benefits of wider sharing. Such assumptions are
no longer appropriate. Although counterintelligence concerns
are still real, the costs of not sharing information are also
substantial. The current ``need-to-know'' culture of
information protection needs to be replaced with a ``need-to-
share'' culture of integration.
(6) A new approach to the sharing of intelligence and
homeland security information is urgently needed. An important
conceptual model for a new ``trusted information network'' is
the Systemwide Homeland Analysis and Resource Exchange (SHARE)
Network proposed by a task force of leading professionals
assembled by the Markle Foundation and described in reports
issued in October 2002 and December 2003.
(7) No single agency can create a meaningful information
sharing system on its own. Alone, each agency can only
modernize stovepipes, not replace them. Presidential leadership
is required to bring about governmentwide change.
(c) Information Sharing Network.--
(1) Establishment.--The President shall establish a trusted
information network and secure information sharing environment
to promote sharing of intelligence and homeland security
information in a manner consistent with national security and
the protection of privacy and civil liberties, and based on
clearly defined and consistently applied policies and
procedures, and valid investigative, analytical or operational
requirements.
(2) Attributes.--The Network shall promote coordination,
communication and collaboration of people and information among
all relevant Federal departments and agencies, State, tribal,
and local authorities, and relevant private sector entities,
including owners and operators of critical infrastructure, by
using policy guidelines and technologies that support--
(A) a decentralized, distributed, and coordinated
environment that connects existing systems where
appropriate and allows users to share information among
agencies, between levels of government, and, as
appropriate, with the private sector;
(B) the sharing of information in a form and manner
that facilitates its use in analysis, investigations
and operations;
(C) building upon existing systems capabilities
currently in use across the Government;
(D) utilizing industry best practices, including
minimizing the centralization of data and seeking to
use common tools and capabilities whenever possible;
(E) employing an information access management
approach that controls access to data rather than to
just networks;
(F) facilitating the sharing of information at and
across all levels of security by using policy
guidelines and technologies that support writing
information that can be broadly shared;
(G) providing directory services for locating
people and information;
(H) incorporating protections for individuals'
privacy and civil liberties;
(I) incorporating strong mechanisms for information
security and privacy and civil liberties guideline
enforcement in order to enhance accountability and
facilitate oversight, including--
(i) multifactor authentication and access
control;
(ii) strong encryption and data protection;
(iii) immutable audit capabilities;
(iv) automated policy enforcement;
(v) perpetual, automated screening for
abuses of network and intrusions; and
(vi) uniform classification and handling
procedures;
(J) compliance with requirements of applicable law
and guidance with regard to the planning, design,
acquisition, operation, and management of information
systems; and
(K) permitting continuous system upgrades to
benefit from advances in technology while preserving
the integrity of stored data.
(d) Immediate Actions.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Executive Council, shall--
(1) submit to the President and to Congress a description
of the technological, legal, and policy issues presented by the
creation of the Network described in subsection (c), and the
way in which these issues will be addressed;
(2) establish electronic directory services to assist in
locating in the Federal Government intelligence and homeland
security information and people with relevant knowledge about
intelligence and homeland security information; and
(3) conduct a review of relevant current Federal agency
capabilities, including--
(A) a baseline inventory of current Federal systems
that contain intelligence or homeland security
information;
(B) the money currently spent to maintain those
systems; and
(C) identification of other information that should
be included in the Network.
(e) Guidelines and Requirements.--As soon as possible, but in no
event later than 180 days after the date of the enactment of this Act,
the President shall--
(1) in consultation with the Executive Council, issue
guidelines--
(A) for acquiring, accessing, sharing, and using
information, including guidelines to ensure that
information is provided in its most shareable form,
such as by separating out data from the sources and
methods by which that data are obtained; and
(B) on classification policy and handling
procedures across Federal agencies, including commonly
accepted processing and access controls;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 226, that--
(A) protect privacy and civil liberties in the
development and use of the Network; and
(B) shall be made public, unless, and only to the
extent that, nondisclosure is clearly necessary to
protect national security; and
(3) require the heads of Federal departments and agencies
to promote a culture of information sharing by--
(A) reducing disincentives to information sharing,
including overclassification of information and
unnecessary requirements for originator approval; and
(B) providing affirmative incentives for
information sharing, such as the incorporation of
information sharing performance measures into agency
and managerial evaluations, and employee awards for
promoting innovative information sharing practices.
(f) Enterprise Architecture and Implementation Plan.--Not later
than 270 days after the date of the enactment of this Act, the Director
of Management and Budget shall submit to the President and to Congress
an enterprise architecture and implementation plan for the Network. The
enterprise architecture and implementation plan shall be prepared by
the Director of Management and Budget, in consultation with the
Executive Council, and shall include--
(1) a description of the parameters of the proposed
Network, including functions, capabilities, and resources;
(2) a delineation of the roles of the Federal departments
and agencies that will participate in the development of the
Network, including identification of any agency that will build
the infrastructure needed to operate and manage the Network (as
distinct from the individual agency components that are to be
part of the Network), with the delineation of roles to be
consistent with--
(A) the authority of the National Intelligence
Director under this Act to set standards for
information sharing and information technology
throughout the intelligence community; and
(B) the authority of the Secretary of Homeland
Security and the role of the Department of Homeland
Security in coordinating with State, tribal, and local
officials and the private sector;
(3) a description of the technological requirements to
appropriately link and enhance existing networks and a
description of the system design that will meet these
requirements;
(4) an enterprise architecture that--
(A) is consistent with applicable laws and guidance
with regard to planning, design, acquisition,
operation, and management of information systems;
(B) will be used to guide and define the
development and implementation of the Network; and
(C) addresses the existing and planned enterprise
architectures of the departments and agencies
participating in the Network;
(5) a description of how privacy and civil liberties will
be protected throughout the design and implementation of the
Network;
(6) objective, systemwide performance measures to enable
the assessment of progress toward achieving full implementation
of the Network;
(7) a plan, including a time line, for the development and
phased implementation of the Network;
(8) total budget requirements to develop and implement the
Network, including the estimated annual cost for each of the 5
years following the date of the enactment of this Act; and
(9) proposals for any legislation that the Director of
Management and Budget determines necessary to implement the
Network.
(g) Director of Management and Budget Responsible for Information
Sharing Across the Federal Government.--
(1) Additional duties and responsibilities.--
(A) In general.--The Director of Management and
Budget, in consultation with the Executive Council,
shall--
(i) implement and manage the Network;
(ii) develop and implement policies,
procedures, guidelines, rules, and standards as
appropriate to foster the development and
proper operation of the Network; and
(iii) assist, monitor, and assess the
implementation of the Network by Federal
departments and agencies to ensure adequate
progress, technological consistency and policy
compliance; and regularly report the findings
to the President and to Congress.
(B) Content of policies, procedures, guidelines,
rules, and standards.--The policies, procedures,
guidelines, rules, and standards under subparagraph
(A)(ii) shall--
(i) take into account the varying missions
and security requirements of agencies
participating in the Network;
(ii) address development, implementation,
and oversight of technical standards and
requirements;
(iii) address and facilitate information
sharing between and among departments and
agencies of the intelligence community, the
Department of Defense, the homeland security
community and the law enforcement community;
(iv) address and facilitate information
sharing between Federal departments and
agencies and State, tribal and local
governments;
(v) address and facilitate, as appropriate,
information sharing between Federal departments
and agencies and the private sector;
(vi) address and facilitate, as
appropriate, information sharing between
Federal departments and agencies with foreign
partners and allies; and
(vii) ensure the protection of privacy and
civil liberties.
(2) Appointment of principal officer.--Not later than 30
days after the date of the enactment of this Act, the Director
of Management and Budget shall appoint, with approval of the
President, a principal officer in the Office of Management and
Budget whose primary responsibility shall be to carry out the
day-to-day duties of the Director specified in this section.
The officer shall report directly to the Director of Management
and Budget, have the rank of a Deputy Director and shall be
paid at the rate of pay payable for a position at level III of
the Executive Schedule under section 5314 of title 5, United
States Code.
(h) Executive Council on Information Sharing.--
(1) Establishment.--There is established an Executive
Council on Information Sharing that shall assist the Director
of Management and Budget in the execution of the Director's
duties under this Act concerning information sharing.
(2) Membership.--The members of the Executive Council shall
be--
(A) the Director of Management and Budget, who
shall serve as Chairman of the Executive Council;
(B) the Secretary of Homeland Security or his
designee;
(C) the Secretary of Defense or his designee;
(D) the Attorney General or his designee;
(E) the Secretary of State or his designee;
(F) the Director of the Federal Bureau of
Investigation or his designee;
(G) the National Intelligence Director or his
designee;
(H) such other Federal officials as the President
shall designate;
(I) representatives of State, tribal, and local
governments, to be appointed by the President; and
(J) individuals who are employed in private
businesses or nonprofit organizations that own or
operate critical infrastructure, to be appointed by the
President.
(3) Responsibilities.--The Executive Council shall assist
the Director of Management and Budget in--
(A) implementing and managing the Network;
(B) developing policies, procedures, guidelines,
rules, and standards necessary to establish and
implement the Network;
(C) ensuring there is coordination among
departments and agencies participating in the Network
in the development and implementation of the Network;
(D) reviewing, on an ongoing basis, policies,
procedures, guidelines, rules, and standards related to
the implementation of the Network;
(E) establishing a dispute resolution process to
resolve disagreements among departments and agencies
about whether particular information should be shared
and in what manner; and
(F) considering such reports as are submitted by
the Advisory Board on Information Sharing under
subsection (i)(2).
(4) Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Director of
Management and Budget, in the capacity of Chair of the
Executive Council, shall submit a report to the President and
to Congress that shall include--
(A) a description of the activities and
accomplishments of the Council in the preceding year;
and
(B) the number and dates of the meetings held by
the Council and a list of attendees at each meeting.
(5) Informing the public.--The Executive Council shall--
(A) make its reports to Congress available to the
public to the greatest extent that is consistent with
the protection of classified information and applicable
law; and
(B) otherwise inform the public of its activities,
as appropriate and in a manner consistent with the
protection of classified information and applicable
law.
(i) Reports.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and semiannually thereafter, the
President through the Director of Management and Budget shall
submit a report to Congress on the state of the Network and of
information sharing across the Federal Government.
(2) Content.--Each report under this subsection shall
include--
(A) a progress report on the extent to which the
Network has been implemented, including how the Network
has fared on the government-wide and agency-specific
performance measures and whether the performance goals
set in the preceding year have been met;
(B) objective systemwide performance goals for the
following year;
(C) an accounting of how much was spent on the
Network in the preceding year;
(D) actions taken to ensure that agencies procure
new technology that is consistent with the Network and
information on whether new systems and technology are
consistent with the Network;
(E) the extent to which, in appropriate
circumstances, all terrorism watch lists are available
for combined searching in real time through the Network
and whether there are consistent standards for placing
individuals on, and removing individuals from, the
watch lists, including the availability of processes
for correcting errors;
(F) the extent to which unnecessary roadblocks,
impediments, or disincentives to information sharing,
including the inappropriate use of paper-only
intelligence products and requirements for originator
approval, have been eliminated;
(G) the extent to which positive incentives for
information sharing have been implemented;
(H) the extent to which classified information is
also made available through the Network, in whole or in
part, in unclassified form;
(I) the extent to which State, tribal, and local
officials--
(i) are participating in the Network;
(ii) have systems which have become
integrated into the Network;
(iii) are providing as well as receiving
information; and
(iv) are using the Network to communicate
with each other;
(J) the extent to which--
(i) private sector data, including
information from owners and operators of
critical infrastructure, is incorporated in the
Network; and
(ii) the private sector is both providing
and receiving information;
(K) where private sector data has been used by the
Government or has been incorporated into the Network--
(i) the measures taken to protect sensitive
business information; and
(ii) where the data involves information
about individuals, the measures taken to ensure
the accuracy of such data;
(L) the measures taken by the Federal Government to
ensure the accuracy of other information on the Network
and, in particular, the accuracy of information about
individuals;
(M) an assessment of the Network``s privacy and
civil liberties protections, including actions taken in
the preceding year to implement or enforce privacy and
civil liberties protections and a report of complaints
received about interference with an individual''s
privacy or civil liberties; and
(N) an assessment of the security protections of
the Network.
(j) Agency Responsibilities.--The head of each department or agency
possessing or using intelligence or homeland security information or
otherwise participating in the Network shall--
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines, rules,
and standards established for the Network under subsections (c)
and (g);
(2) ensure the provision of adequate resources for systems
and activities supporting operation of and participation in the
Network; and
(3) ensure full agency or department cooperation in the
development of the Network and associated enterprise
architecture to implement governmentwide information sharing,
and in the management and acquisition of information technology
consistent with applicable law.
(k) Agency Plans and Reports.--Each Federal department or agency
that possesses or uses intelligence and homeland security information,
operates a system in the Network or otherwise participates, or expects
to participate, in the Network, shall submit to the Director of
Management and Budget--
(1) not later than 1 year after the date of the enactment
of this Act, a report including--
(A) a strategic plan for implementation of the
Network's requirements within the department or agency;
(B) objective performance measures to assess the
progress and adequacy of the department or agency's
information sharing efforts; and
(C) budgetary requirements to integrate the agency
into the Network, including projected annual
expenditures for each of the following 5 years
following the submission of the report; and
(2) annually thereafter, reports including--
(A) an assessment of the progress of the department
or agency in complying with the Network's requirements,
including how well the agency has performed on the
objective measures developed under paragraph (1)(B);
(B) the agency's expenditures to implement and
comply with the Network's requirements in the preceding
year; and
(C) the agency's or department's plans for further
implementation of the Network in the year following the
submission of the report.
(l) Periodic Assessments.--
(1) Comptroller general.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, and periodically
thereafter, the Comptroller General shall evaluate the
implementation of the Network, both generally and, at
the discretion of the Comptroller General, within
specific departments and agencies, to determine the
extent of compliance with the Network's requirements
and to assess the effectiveness of the Network in
improving information sharing and collaboration and in
protecting privacy and civil liberties, and shall
report to Congress on the findings of the Comptroller
General.
(B) Information available to the comptroller
general.--Upon request by the Comptroller General,
information relevant to an evaluation under subsection
(a) shall be made available to the Comptroller General
under section 716 of title 31, United States Code.
(C) Consultation with congressional committees.--If
a record is not made available to the Comptroller
General within a reasonable time, before the
Comptroller General files a report under section
716(b)(1) of title 31, United States Code, the
Comptroller General shall consult with the Select
Committee on Intelligence of the Senate, the Permanent
Select Committee on Intelligence of the House of
Representatives, the Committee on Governmental Affairs
of the Senate, and the Committee on Government Reform
of the House of Representatives concerning the
Comptroller's intent to file a report.
(2) Inspectors general.--The Inspector General in any
Federal department or agency that possesses or uses
intelligence or homeland security information or that otherwise
participates in the Network shall, at the discretion of the
Inspector General--
(A) conduct audits or investigations to--
(i) determine the compliance of that
department or agency with the Network's
requirements; and
(ii) assess the effectiveness of that
department or agency in improving information
sharing and collaboration and in protecting
privacy and civil liberties; and
(B) issue reports on such audits and
investigations.
(3) Chief privacy officers.--The Chief Privacy Officers
established under section 5092 in any Federal department or
agency that possesses or uses intelligence or homeland security
information or that otherwise participates in the Network
shall, at the discretion of the Chief Privacy Officer--
(A) conduct audits or investigations to ensure that
the network, or the use of the network by that
department or agency, does not erode privacy
protections; and
(B) issue reports on such audits and
investigations.
(m) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $50,000,000 to the Director of Management and Budget to
carry out this section for fiscal year 2005; and
(2) such sums as are necessary to carry out this section in
each fiscal year thereafter, to be disbursed and allocated in
accordance with the Network implementation plan required by
subsection (f).
(n) Section 1017.--Section 1017 of this Act shall have no force or
effect.
TITLE X--PROTECTING CRITICAL INFRASTRUCTURE
SEC. 171. CRITICAL INFRASTRUCTURE EVALUATION AND PRIORITIZATION
PROGRAM.
(a) Program.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
develop, in cooperation with other relevant Federal agencies, State and
local governments, and the private sector, as appropriate, a
prioritized list of national critical infrastructure and key assets,
based on the degree to which destruction or significant disruption of
such infrastructure or assets would result in--
(1) substantial human casualties;
(2) a substantial adverse impact on the national economy;
or
(3) a substantial adverse impact on national security.
(b) Security Plan.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in coordination with
other relevant Federal agencies, State and local governments,
and the private sector, as appropriate, shall--
(A) review existing plans for securing the critical
infrastructure and key assets included in the list
under subsection (a);
(B) recommend changes to existing plans and develop
additional plans for securing such infrastructure and
assets that the Secretary determines necessary; and
(C) coordinate or contribute to protective efforts
of other agencies as directed in Homeland Security
Presidential Directive 7.
(2) Contents of plans.--Recommendations under paragraph (1)
shall include--
(A) recommendations on necessary protective
measures to secure such infrastructure and assets,
including suggested milestones and timeframes for
implementation; and
(B) to the extent practicable, performance measures
to evaluate the benefits to national and economic
security from the implementation of such protective
measures.
(c) Implementation Report.--
(1) In general.--Within one year after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees (as that term is
defined in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)) on the implementation of subsection (b). Such
report shall detail--
(A) the Secretary's review, development, and
coordination of security plans under such subsection;
and
(B) the Secretary's oversight of the execution and
effectiveness of such security plans
(2) Update.--The Secretary shall provide an updated report
under this subsection to the appropriate congressional
committees one year after the submission of the report under
paragraph (1).
(d) Protection of Information.--Information that is generated,
compiled, or disseminated by the Department of Homeland Security in
carrying out this section--
(1) is exempt from disclosure under section 552 of title 5,
United States Code; and
(2) shall not, if provided by the Department to a State or
local government or government agency--
(A) be made available pursuant to any State or
local law requiring disclosure of information or
records;
(B) otherwise be disclosed or distributed to any
person by such State or local government or government
agency without the written consent of the Secretary; or
(C) be used other than for the purpose of
protecting critical infrastructure or protected
systems, or in furtherance of an investigation or the
prosecution of a criminal act.
SEC. 172. DEADLINE FOR COMPREHENSIVE NATIONAL PLAN TO SECURE CRITICAL
INFRASTRUCTURE AND KEY ASSETS.
Within one year after the date of the enactment of this Act, the
Secretary of Homeland Security shall develop a comprehensive national
plan for securing critical infrastructure and key assets and recommend
protective measures for such infrastructures and assets, as required by
paragraphs (5) and (6) of subsection 201(d) of the Homeland Security
Act of 2002 (6 U.S.C. 121(d)).
SEC. 173. REGULATORY AUTHORITY.
(a) In General.--The Secretary of Homeland Security may promulgate
such regulations as the Secretary determines to be necessary to enhance
protection of critical infrastructure in accordance with the plans
developed under the sections _171 and _172 of this Act and the
requirements of paragraphs (5) and (6) of section 201(d) of the
Homeland Security Act of 2002 (6 U.S.C. 121(d)).
(b) Conforming Amendment.--Section 877(a) of the Homeland Security
Act of 2002 (6 U.S.C. 457(a)) is amended by inserting ``paragraphs (5)
and (6) of section 201(d) and'' after ``Except as otherwise provided
in''.
SEC. 174. BEST PRACTICES.
Within one year after the date of the enactment of this Act, the
Secretary of Homeland Security shall--
(1) develop, in collaboration with the heads of other
appropriate Federal agencies and in consultation with the
private sector, security-related best practices for each
critical infrastructure sector identified by the President;
(2) ensure the broad dissemination of such best practices
to appropriate public and private sector entities and
authorities; and
(3) encourage the adoption of such best practices by such
entities and authorities.
TITLE XI--DEFENDING AGAINST BIOTERRORISM
Subtitle A--National Biodefense Strategy
SEC. 181. NATIONAL BIODEFENSE STRATEGY.
(a) Strategy.--
(1) In general.--Consistent with the provisions of section
505 of the Homeland Security Act of 2002 (6 U.S.C. 315) and
subsections (a) and (b) of section 304 of such Act (6 U.S.C.
184), the Secretary of Homeland Security, in consultation with
the heads of other appropriate Federal agencies, shall develop
a comprehensive national biodefense strategy (in this section
referred to as the ``biodefense strategy'') for meeting the
requirements, responsibilities, and authorities of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), including sections
201(d)(1), 302(2), and 502(3) of such Act, with respect to the
biodefense mission of the Department.
(2) Deadlines.--The Secretary shall
(A) develop the biodefense strategy not later than
one year after the date of the enactment of this Act;
and
(B) regularly update such strategy as necessary,
but not less than every four years.
(b) Contents.--The biodefense strategy shall set forth the
following:
(1) The objectives, missions, and priorities, including how
such objectives, missions, and priorities were established and
will be updated.
(2) A description of the biological threats to and
vulnerabilities of the Nation, including a prioritization of
such threats in terms of risk.
(3) A specification of each Federal agency with research
and development responsibilities regarding such objectives,
missions, and priorities, and a description of such
responsibilities.
(4) A specification of each Federal agency with other
responsibilities regarding such objectives, missions, and
priorities (including surveillance, threat and risk analysis,
and incident response), and a description of such
responsibilities.
(5) The mechanisms by which coordination among the Federal
agencies described in paragraphs (3) and (4) will be achieved.
(6) The role of State and local governments and private
sector institutions in the biodefense strategy, as identified
by the Federal agencies described in paragraphs (3) and (4)
with the responsibility and mission to coordinate and
communicate with State and local governments and private sector
institutions.
(7) The mechanisms by which the Federal agencies referred
to in paragraph (6) coordinate and communicate with State and
local governments and private sector institutions.
(8) Performance benchmarks to measure progress in achieving
the objectives of the biodefense strategy, including a
specification of expected timeframes for implementation.
(c) Other Agency Responsibilities.--The Secretary shall obtain the
concurrence of the relevant Federal agency head with respect to such
other agency's responsibilities or activities covered by this section.
(d) Submission.--Upon its completion, the Secretary shall transmit
a copy of the biodefense strategy to the Congress in an unclassified
form with a classified annex as appropriate.
Subtitle B--Development of Medical Countermeasures
SEC. 184. SHORT TITLE.
This subtitle may be cited as the ``Rapid Pathogen Identification
to Delivery of Cures Act''.
SEC. 185. FINDINGS AND POLICY.
(a) Findings.--The Congress finds as follows:
(1) The possibility exists today that terrorists or others
who intend harm to United States forces deployed abroad or to
the homeland will use techniques in biotechnology to enhance
the transmissibility, stability, virulence, or host range of a
biological agent, or to render existing diagnostic,
therapeutic, and vaccine strategies or innate immune responses
against a biological agent less effective.
(2) This possibility will likely grow over time as such
techniques develop, improve, and spread as an inevitable result
of biotechnology innovation.
(3) Natural processes can also lead to the emergence of
previously unknown and harmful pathogens or render known
pathogens resistant to existing diagnostic, therapeutic, or
adaptive immune approaches.
(4) Long delays in developing new and effective responses
to pathogens are typical. The discovery, development, and
approval process for new drugs and vaccines typically requires
10 to 20 years and costs an average of $800 million. These
constraints reflect the long, costly research and development
process, including the failure of most drug or vaccine
candidates to demonstrate favorable characteristics in pre-
clinical testing, as well as the expensive, time-consuming
clinical trials required to prove the safety and effectiveness
of new treatments.
(5) Congress has already authorized the abridgement of the
long testing and approval process required to ensure safety and
efficacy under the emergency conditions of a severe outbreak of
a harmful pathogen. However, it will likely still take years
for even an experimental treatment or vaccine to become
available.
(6) There is no coordinated, focused research and
development program or overall national strategy to achieve
significant and dramatic reductions in the timeframe from the
identification of a pathogen to the development and emergency
approval for human use of reasonably safe and effective new
biodefense medical countermeasures against a previously unknown
or engineered pathogen or toxin.
(7) Even utilizing existing technologies, there is no
organized capability in the public or private sector to rapidly
screen drug candidates for potential therapeutic activity
against pathogens, develop and manufacture drug, biological, or
medical device products, or test already approved treatments
for efficacy against a previously unknown or engineered
biological threat that puts our deployed armed forces or the
homeland at risk.
(8) In the area of infectious disease in particular,
private sector firms are abandoning all types of innovation and
research and development in favor of investments in more
profitable medical markets.
(9) Tremendous potential exists for benefits to health by
concerted, targeted public-private investment to dramatically
reduce the timeframe for the development of new
countermeasures. The pharmaceutical and biotechnology
industries are fundamentally innovative and are quick to
integrate new technologies. Useful and important discoveries
and technological advances will be rapidly absorbed by the
private sector, leading to faster delivery of new medicines and
reductions in the costs of drug development.
(b) Policy.--The Congress hereby declares it to be the national
policy of the United States to promote technological advancements that
will dramatically reduce the timeframe for the development of new
medical countermeasures to treat or prevent disease caused by
infectious disease agents or toxins that, through natural processes or
intentional introduction, may pose a significant risk to public health
now or in the future.
SEC. 186. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL
STRATEGY.
Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.) (Public Law 107-296) is amended by inserting after section 304
the following section:
``SEC. 304A. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL
STRATEGY.
``(a) National Strategy for Shortening the Medical Countermeasure
Development Timeframe.--Not later than 180 days after the date of the
enactment of the Rapid Pathogen Identification to Delivery of Cures
Act, the Secretaries of Homeland Security, Health and Human Services,
and Defense shall submit to Congress a report setting forth a strategy
to achieve dramatic reductions in the timeframe from pathogen
identification to the development and emergency approval for human use
of reasonably safe and effective priority countermeasure against a
novel or unknown pathogen or toxin.
``(b) Elements.--The report under subsection (a) shall include the
following:
``(1) The identification of the technical impediments to
reductions in the timeframe from pathogen identification to
priority countermeasure development and approval under
emergency conditions.
``(2) The identification of the research, development, and
technology needs and clinical research needs to address these
impediments.
``(3) The identification of existing research and
development efforts in Federal agencies, academia and industry
that are addressing the needs identified in subsection (c)(2).
``(4) The identification of facilities, programs and
resources that can be utilized to address these research,
development, and technology needs and clinical research needs
among--
``(A) Federal agencies;
``(B) colleges and universities;
``(C) not-for-profit institutions;
``(D) industry, including information technology,
software, robotics, pharmaceutical and biotechnology
companies and their consortia; and
``(E) foreign research and technological
institutions.
``(5) A proposal for the establishment of a coordinated and
integrated federal program to address these research,
development, and technology needs, including--
``(A) the application of Federal Government
resources, including recommendations for the allocation
and prioritization of Federal funds;
``(B) interagency management and coordination
mechanisms;
``(C) the establishment of partnerships between
private corporations and Federal agencies or Federally
funded entities;
``(D) information and technology sharing and
coordination mechanisms among public, private,
academic, not-for-profit, and international
institutions;
``(E) the use of incentives to promote private
sector participation; and
``(F) the adjustment of Federal regulatory
requirements to promote private sector innovation.
``(6) The identification of potential liability concerns
stemming from distribution of rapidly-developed priority
countermeasures under emergency conditions and a proposal for
regulatory or legislative approaches to eliminating these
concerns.
``(7) A proposal for managing the transfer of new
technologies and associated intellectual property rights.
``(c) Considerations.--In developing the national strategy under
subsection (a), the Secretaries shall consider--
``(1) The research, development, and technology needs and
clinical research needs of the entire pathogen identification
to priority countermeasures discovery, development, production,
and Approval process, including--
``(A) initial identification and characterization
of a pathogen or toxin, including the identification of
any genetic or other manipulations;
``(B) priority countermeasures discovery;
``(C) pre-clinical testing and evaluation of
priority countermeasures;
``(D) safety and efficacy animal testing, including
the needs for approval under emergency conditions and
accelerated approval of new priority countermeasure
under the final rule `New Drug and Biological Drug
Products; Evidence Needed to Demonstrate Effectiveness
of New Drugs When Human Efficacy Studies Are Not
Ethical or Feasible' published in the Federal Register
on May 31, 2002 (67 Fed. Reg. 37988);
``(E) safety and efficacy human testing, including
mechanisms for the conduct of clinical trials under
emergency conditions;
``(F) research-scale and full production-scale
manufacturing, including biologics manufacturing
sciences; and
``(G) the approval of priority countermeasure under
emergency conditions;
``(2) the potential importance of advanced technologies
such as automation, computer modeling and simulation,
bioinformatics, pharmacogenomics, and bioengineering techniques
for manufacturing;
``(3) the availability of sufficient manufacturing capacity
for priority countermeasures production to meet potential
public demand under emergency conditions; and
``(4) the current state of national and international
collaborative research networks and applications to facilitate
and encourage the rapid and coordinated development and sharing
of laboratory and clinical research planning and results.
``(d) Authority to Contract.--The Secretary of Homeland Security,
after consultation with the Secretaries of Health and Human Services
and Defense and the working group established under section 319F(a) of
the Public Health Service Act, may contract with any one or more for-
profit or non-profit firm or institution to conduct the necessary
research and analysis needed to complete any one or more of the
elements described in subsection (b) of the report required in this
section, provided the considerations described in subsection (c) are
met.
``(e) Definitions.--In this section:
``(1) The term `emergency conditions' refers to a
declaration of emergency under section 564 of the Federal Food,
Drug, and Cosmetic Act.
``(2) The term `pathogen identification' means the point in
time in which a specific agent that can be reasonably assumed
to be the cause of (or has the potential to be the cause of) an
infectious disease or toxin-induced syndrome has been
identified and partially or wholly characterized
scientifically.
``(3) The term `priority countermeasure' has the same
meaning given such term in section 319F(h) of the Public Health
Service Act.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $10,000,000
for fiscal year 2005.''.
SEC. 187. CLINICAL RESEARCH UNDER EMERGENCY CONDITIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish a system for the rapid establishment of clinical research
programs to examine the safety and efficacy of new or existing
treatments for novel, unknown, or bioengineered pathogens or toxins.
The Secretary shall also provide the means for rapid dissemination of
results and recommendations to clinicians nationwide.
(b) Emergency Fund.--A fund is authorized to be established for
use, at the discretion of the Secretary, solely for the support of
clinical research as described in subsection (a).
SEC. 188. INTERAGENCY WORKING GROUP.
Section 319F(a) of the Public Health Service Act, as amended by
Public Law 107-188, is amended--
(1) by inserting ``the Secretary of Homeland Security,''
after ``in coordination with the'';
(2) by redesignating subparagraphs (D) through (L) as
subparagraphs (E) through (M), respectively; and
(3) by inserting after subparagraph (C) the following
subparagraph:
``(D) development of a national strategy to achieve
dramatic reductions in the timeframe from the
identification of a pathogen to the development and
approval for human use under emergency conditions of
priority countermeasures against a novel, unknown, or
engineered pathogen or toxin;''.
SEC. 189. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE COUNTERMEASURE
DEVELOPMENT.
(a) Research.--Section 319F(h)(1) of the Public Health Service Act,
as amended by Public Law 107-188, is amended
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following
subparagraph:
``(D) the development of a capability to rapidly
identify, develop, produce, and approve for human use
under emergency conditions priority countermeasures
against a novel, unknown, or engineered pathogen or
toxin; and''.
(b) Research and Development at the Department of Defense.--Section
1601(a) of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136) is amended by adding at the end the following:
``The program shall also include research, development, and procurement
to provide the Federal Government with the capability to rapidly
identify, develop, produce, and approve for human use under emergency
conditions priority countermeasures against a novel, unknown, or
engineered pathogen or toxin, and for which no existing countermeasure
has been determined to be safe or efficacious.''.
(c) Research and Development at the Department of Homeland
Security.--Title III of the Homeland Security Act of 2002, as amended
by section 186 of this Act, is amended by inserting after section 304A
the following section:
``SEC. 304B. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE
COUNTERMEASURE DEVELOPMENT.
``The Secretary, in collaboration with the Secretaries of Defense
and Health and Human Services, shall carry out a program for research,
development, and procurement to provide the Federal Government with the
capability to rapidly identify, develop, produce, and approve for human
use under emergency conditions priority countermeasures against a
novel, unknown, or engineered pathogen or toxin, and for which no
existing countermeasure has been determined to be safe or
efficacious.''.
TITLE XII--CHEMICAL SECURITY IMPROVEMENT
SEC. 191. SHORT TITLE.
This title may be cited as the ``Chemical Security Improvement Act
of 2004''.
SEC. 192. DEFINITIONS.
In this title:
(1) Alternative approaches.--The term ``alternative
approach'' means an approach that significantly reduces or
eliminates the threat or consequences of a terrorist release
from a chemical source, including an approach that--
(A) uses smaller quantities, nonhazardous forms, or
less hazardous forms of dangerous substances;
(B) replaces a dangerous substance with a
nonhazardous or less hazardous substance; or
(C) uses nonhazardous or less hazardous conditions
or processes.
(2) Chemical source.--The term ``chemical source'' means a
non-Federal facility listed by the Secretary under section
193(e) as a chemical source.
(3) Dangerous substance.--The term ``dangerous substance''
means a substance present at a chemical source that--
(A) can cause death, injury, or serious adverse
effects to human health or the environment; or
(B) could harm critical infrastructure or national
security.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Environment.--The term ``environment'' means--
(A) the navigable waters, the waters of the
contiguous zone, and the ocean waters of which the
natural resources are under the exclusive management
authority of the United States; and
(B) any other surface water, ground water, drinking
water supply, land surface or subsurface strata, or
ambient air within the United States or under the
jurisdiction of the United States.
(6) Full consideration.--The term ``full consideration''
includes an analysis of--
(A) alternative approaches, including the benefits
and risks of such approaches;
(B) the potential of the alternative approaches to
prevent or reduce the threat or consequences of a
terrorist release;
(C) the cost and technical feasibility of
alternative approaches; and
(D) the effect of alternative approaches on product
quality, product cost, and employee safety.
(7) Owner or operator.--The term ``owner or operator''
means any person who owns, leases, operates, controls, or
supervises a chemical source.
(8) Release.--The term ``release'' means any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the
environment (including the abandonment or discarding of
barrels, containers, and other closed receptacles containing
any hazardous substance or pollutant or contaminant), but
excludes--
(A) any release which results in exposure to
persons solely within a workplace, with respect to a
claim which such persons may assert against the
employer of such persons;
(B) emissions from the engine exhaust of a motor
vehicle, rolling stock, aircraft, vessel, or pipeline
pumping station engine; or
(C) the normal application of fertilizer.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(10) Security measure.--
(A) In general.--The term ``security measure''
means an action carried out to ensure or enhance the
security of a chemical source.
(B) Inclusions.--The term ``security measure'',
with respect to a chemical source, includes measures
such as--
(i) employee training and background
checks;
(ii) the limitation and prevention of
access to controls of the chemical source;
(iii) the protection of the perimeter of
the chemical source, including the deployment
of armed physical security personnel;
(iv) the installation and operation of
intrusion detection sensors;
(v) the implementation of measures to
increase computer or computer network security;
(vi) the installation of measures to
protect against long-range weapons;
(vii) the installation of measures and
controls to protect against or reduce the
consequences of a terrorist attack; and
(viii) the implementation of any other
security-related measures or the conduct of any
similar security-related activity, as
determined by the Secretary.
(11) Terrorism.--The term ``terrorism'' has the meaning
given to that term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(12) Terrorist release.--The term ``terrorist release''
means--
(A) a release from a chemical source into the
environment of a dangerous substance that is caused by
an act of terrorism; and
(B) the theft of a dangerous substance by a person
for off-site release in furtherance of an act of
terrorism.
SEC. 193. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.
(a) Requirement.--
(1) In general.--Not later than 1 year after the date of
the enactment of this subtitle, the Secretary shall promulgate
regulations that--
(A) require the owner or operator of each chemical
source--
(i) to conduct an assessment of the
vulnerability of the chemical source to a
terrorist release; and
(ii) to prepare and implement a site
security plan that addresses the results of the
vulnerability assessment; and
(B) establish procedures, protocols, and standards
for vulnerability assessments and site security plans.
(2) Contents of vulnerability assessment.--A vulnerability
assessment required under the regulations promulgated under
paragraph (1) or any assessment determined substantially
equivalent by the Secretary under subsection (c) shall include
the identification and evaluation of--
(A) critical assets and infrastructures;
(B) hazards that may result from a terrorist
release; and
(C) weaknesses in--
(i) physical security;
(ii) structural integrity of containment,
processing, and other critical infrastructure;
(iii) protection systems;
(iv) procedural and employment policies;
(v) communication systems;
(vi) transportation infrastructure in the
proximity of the chemical source;
(vii) utilities;
(viii) contingency response; and
(ix) other areas as determined by the
Secretary.
(3) Contents of site security plan.--A site security plan
required under the regulations promulgated under paragraph (1)
or any plan submitted to the Secretary under subsection (c)--
(A) shall include security measures to
significantly reduce the vulnerability of the chemical
source covered by the plan to a terrorist release;
(B) shall describe, at a minimum, particular
equipment, plans, and procedures that could be
implemented or used by or at the chemical source in the
event of a terrorist release;
(C) shall include full consideration and, where
practicable in the judgment of the owner or operator of
the chemical source, implementation of options to
reduce the threat of a terrorist release through the
use of alternative approaches; and
(D) shall be developed in consultation with local
law enforcement and first responders.
(4) Security exercises.--Not later than 1 year after the
date of the enactment of this subtitle, the Secretary shall
promulgate regulations establishing procedures, protocols, and
standards for the conduct of security exercises, including--
(A) the performance of force-on-force exercises
that--
(i) involve physical security personnel
employed by the owner or operator of the
chemical source to act as the force designated
to defend the facility;
(ii) involve personnel designated by the
Secretary to act as the force designated to
simulate a terrorist attempt to attack the
chemical source to cause a terrorist release;
(iii) are designed, overseen, and evaluated
by the Department; and
(iv) are conducted at least once every 3
years; and
(B) the performance of all other such exercises at
periodic intervals necessary to ensure the optimal
performance of security measures.
(5) Guidance to small entities.--Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall publish guidance to assist small entities in complying
with paragraphs (2) and (3).
(6) Threat information.--To the maximum extent practicable
under applicable authority and in the interests of national
security, the Secretary shall provide to an owner or operator
of a chemical source required to prepare a vulnerability
assessment and site security plan threat information that is
relevant to the chemical source.
(7) Coordinated assessments and plans.--The regulations
promulgated under paragraph (1) shall permit the development
and implementation of coordinated vulnerability assessments and
site security plans in any case in which more than 1 chemical
source is operating at a single location or at contiguous
locations, including cases in which a chemical source is under
the control of more than 1 owner or operator.
(b) Certification and Submission.--
(1) In general.--Except as provided in subsection (c), each
owner or operator of a chemical source shall certify in writing
to the Secretary that the owner or operator has completed a
vulnerability assessment and has developed and implemented (or
is implementing) a site security plan in accordance with this
title, including--
(A) regulations promulgated under subsection
(a)(1); and
(B) any existing vulnerability assessment or
security plan endorsed by the Secretary under
subsection (c)(1).
(2) Submission.--
(A) In general.--Not later than 18 months after the
date of the promulgation of regulations under
subsection (a)(1), an owner or operator of a chemical
source shall provide to the Secretary copies of the
vulnerability assessment and site security plan of the
chemical source for review.
(B) Certification.--
(i) In general.--Not later than 2 years
after the date on which the Secretary receives
copies of the vulnerability assessment and site
security plan of a chemical source under
subparagraph (A), the Secretary shall determine
whether the chemical source is in compliance
with the requirements of this title,
including--
(I) paragraph (1);
(II) regulations promulgated under
subsections (a)(1) and (a)(3); and
(III) any existing vulnerability
assessment or site security plan
endorsed by the Secretary under
subsection (c)(1).
(ii) Certificate.--If the Secretary
determines that the chemical source is in
compliance with the requirements of this title,
the Secretary shall provide to the chemical
source and make available for public inspection
a certificate of approval that contains the
following statement (in which statement the
bracketed space shall be the name of the
chemical source): ``[____] is in compliance
with the Chemical Security Improvement Act of
2004.''.
(iii) Determination of noncompliance.--If
the Secretary determines under clause (i) that
a chemical source is not in compliance with the
requirements of this title, the Secretary shall
exercise the authority provided in section 195.
(iv) Report to congress.--Not later than 1
year after the promulgation of regulations in
subsection (a)(1) and for every year
afterwards, the Secretary shall submit to the
Congress a report outlining the number of
facilities that have provided vulnerability
assessments and site security plans to the
Secretary, what portion of these submissions
have been reviewed by the Secretary, and what
portion of these submissions are in compliance
with clause (i).
(3) Oversight.--
(A) In general.--The Secretary shall, at such times
and places as the Secretary determines to be
appropriate, conduct or require the conduct of
vulnerability assessments and other activities
(including qualified third-party audits) to ensure and
evaluate compliance with this title (including
regulations promulgated under subsection (a)(1) and
(c)(1)).
(B) Right of entry.--In carrying out this title,
the Secretary (or a designee), on presentation of
credentials, shall have a right of entry to, on, or
through any premises of an owner or operator of a
chemical source.
(C) Requests for records.--In carrying out this
title, the Secretary (or a designee) may require the
submission of, or, on presentation of credentials, may
at reasonable times seek access to and copy any
documentation necessary for--
(i) review or analysis of a vulnerability
assessment or site security plan; or
(ii) implementation of a site security
plan.
(D) Compliance.--If the Secretary determines that
an owner or operator of a chemical source is not
maintaining, producing, or permitting access to the
premises of a chemical source or records as required by
this paragraph, the Secretary may issue an order
requiring compliance with the relevant provisions of
this section.
(E) Qualified third-party audits.--The Secretary
shall establish standards as to the qualifications of
third-party auditors. Such standards shall ensure the
qualifications of the third-party auditor provide
sufficient expertise in--
(i) chemical site security vulnerabilities;
(ii) chemical site security measures; and
(iv) such other areas as the Secretary
determines to be appropriate and necessary.
(4) Submission of changes.--The owner or operator of a
chemical source shall provide to the Secretary a description of
any significant change that is made to the vulnerability
assessment or site security plan required for the chemical
source under this section, not later than 90 days after the
date the change is made.
(c) Existing Vulnerability Assessments and Security Plans.--Upon
submission of a petition by an owner or operator of a chemical source
to the Secretary in conjunction with a submission under subsection
(b)(2)(A), the Secretary--
(1) may endorse any vulnerability assessment or security
plan--
(A) that was conducted, developed, or required by--
(i) industry;
(ii) State or local authorities; or
(iii) other applicable law;
(B) that was conducted before, on, or after the
date of enactment of this title; and
(C) the contents of which the Secretary determines
meet the standards established under the requirements
of subsections (a)(1), (a)(2), and (a)(3); and
(2) may make an endorsement of an existing vulnerability
assessment or security plan under paragraph (1) contingent on
modification of the vulnerability assessment or security plan
to address--
(A) a particular threat or type of threat; or
(B) a requirement under (a)(2) or (a)(3).
(d) Regulatory Criteria.--In exercising the authority under
subsections (a), (b), (c), or (e) with respect to a chemical source,
the Secretary shall consider--
(1) the likelihood that a chemical source will be the
target of terrorism;
(2) the potential extent of death, injury, or serious
adverse effects to human health or the environment that would
result from a terrorist release;
(3) the potential harm to critical infrastructure and
national security from a terrorist release; and
(4) such other security-related factors as the Secretary
determines to be appropriate and necessary to protect the
public health and welfare, critical infrastructure, and
national security.
(e) List of Chemical Sources.--
(1) In general.--Not later than 180 days after the date of
the enactment of this title, the Secretary shall develop a list
of chemical sources in existence as of that date.
(2) Considerations.--In developing the list under paragraph
(1), the Secretary shall take into consideration the criteria
specified in subsection (d).
(3) Prioritization.--In developing the list under paragraph
(1), the Secretary shall determine the potential extent of
death, injury, or severe adverse effects to human health that
would result from a terrorist release of dangerous substances
from a chemical source.
(4) Scope.--In developing the list under paragraph (1), the
Secretary shall include at least those facilities that pose a
risk of potential death, injury, or severe adverse effects to
not fewer than 1000 individuals.
(5) Future determinations.--Not later than 3 years after
the date of the promulgation of regulations under subsection
(a)(1), and every 3 years thereafter, the Secretary shall,
after considering the criteria described in subsection (d)--
(A) determine whether additional facilities
(including, as of the date of the determination,
facilities that are operational and facilities that
will become operational in the future) shall be
considered to be a chemical source under this title;
(B) determine whether any chemical source
identified on the most recent list under paragraph (1)
no longer presents a risk sufficient to justify
retention of classification as a chemical source under
this title; and
(C) update the list as appropriate.
(f) 5-Year Review.--Not later than 5 years after the date of the
certification of a vulnerability assessment and a site security plan
under subsection (b)(1), and not less often than every 5 years
thereafter (or on such a schedule as the Secretary may establish by
regulation), the owner or operator of the chemical source covered by
the vulnerability assessment or site security plan shall--
(1) ensure the vulnerability assessment and site security
plan meet the most recent regulatory standards issued under
subsection (a)(1); and
(2)(A) certify to the Secretary that the chemical source
has completed the review and implemented any modifications to
the site security plan; and
(B) submit to the Secretary a description of any changes to
the vulnerability assessment or site security plan.
(g) Protection of Information.--
(1) Critical infrastructure information.--Except with
respect to certifications specified in subsections (b)(1),
(b)(2), and (f)(2)(A), vulnerability assessments and site
security plans obtained in accordance with this title, and all
information derived from those vulnerability assessments and
site security plans that could pose a risk to a particular
chemical source, shall be deemed critical infrastructure
information as defined in section 212 of the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), and subject to all
protections under sections 213 and 214 of that Act.
(2) Exceptions to penalties.--Section 214(f) of the
Homeland Security Act of 2002 (6 U.S.C. 133(f)) shall not apply
to a person described in that section that discloses
information described in paragraph (1)--
(A) for use in any administrative or judicial
proceeding to impose a penalty for failure to comply
with a requirement of this title; or
(B) for the purpose of making a disclosure
evidencing government, owner or operator, or employee
activities that threaten the security of a chemical
source or are inconsistent with the requirements of
this title.
(3) Rule of construction.--Nothing in this subsection shall
be construed to authorize the withholding of information from
members of Congress acting in their official capacity.
SEC. 194. WHISTLEBLOWER PROTECTION.
(a) In General.--No person employed at a chemical source may be
discharged, demoted, suspended, threatened, harassed, or in any other
manner discriminated against because of any lawful act done by the
person--
(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct which the person reasonably believes constitutes a
violation of any law, rule or regulation related to the
security of the chemical source, or any other threat to the
security of the chemical source, when the information or
assistance is provided to or the investigation is conducted
by--
(A) a Federal regulatory or law enforcement agency;
(B) any member or committee of the Congress; or
(C) a person with supervisory authority over the
person (or such other person who has the authority to
investigate, discover, or terminate misconduct); or
(2) to file, cause to be filed, testify in, participate in,
or otherwise assist in a proceeding or action filed or about to
be filed relating to a violation of any law, rule, or
regulation related to the security of a chemical source or any
other threat to the security of a chemical source; or
(3) to refuse to violate or assist in the violation of any
law, rule, or regulation related to the security of chemical
sources.
(b) Enforcement Action.--
(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may
seek relief under subsection (c) by--
(A) filing a complaint with the Secretary of Labor;
or
(B) if the Secretary of Labor has not issued a
final decision within 180 days of the filing of the
complaint and there is no showing that such delay is
due to the bad faith of the claimant, bringing an
action at law or equity for de novo review in the
appropriate district court of the United States, which
shall have jurisdiction over such an action without
regard to the amount in controversy.
(2) Procedure.--
(A) In general.--An action under paragraph (1)(A)
shall be governed under the rules and procedures set
forth in section 42121(b) of title 49, United States
Code.
(B) Exception.--Notification made under section
42121(b)(1) of title 49, United States Code, shall be
made to the person named in the complaint and to the
person's employer.
(C) Burdens of proof.--An action brought under
paragraph (1)(B) shall be governed by the legal burdens
of proof set forth in section 42121(b) of title 49,
United States Code.
(D) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 90 days
after the date on which the violation occurs.
(c) Remedies.--
(1) In general.--A person prevailing in any action under
subsection (b)(1) shall be entitled to all relief necessary to
make the person whole.
(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
(A) reinstatement with the same seniority status
that the person would have had, but for the
discrimination;
(B) the amount of back pay, with interest; and
(C) compensation for any special damages sustained
as a result of the discrimination, including litigation
costs, expert witness fees, and reasonable attorney
fees.
(d) Rights Retained by Person.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any person
under any Federal or State law, or under any collective bargaining
agreement.
SEC. 195. ENFORCEMENT.
(a) Failure to Comply.--If an owner or operator of a chemical
source fails to certify or submit a vulnerability assessment or site
security plan in accordance with this title, the Secretary may issue an
order requiring the certification and submission of a vulnerability
assessment or site security plan in accordance with section 193(b).
(b) Disapproval.--The Secretary may disapprove under subsection (a)
a vulnerability assessment or site security plan submitted under
section 193(b) or (c) if the Secretary determines that--
(1) the vulnerability assessment or site security plan does
not comply with regulations promulgated under section
193(a)(1), or the procedure, protocol, or standard endorsed or
recognized under section 193(c); or
(2) the site security plan, or the implementation of the
site security plan, is insufficient to address--
(A) the results of a vulnerability assessment of a
chemical source; or
(B) a threat of a terrorist release.
(c) Compliance.--If the Secretary disapproves a vulnerability
assessment or site security plan of a chemical source under subsection
(b), the Secretary shall--
(1) provide the owner or operator of the chemical source a
written notification of the determination that includes a clear
explanation of deficiencies in the vulnerability assessment,
site security plan, or implementation of the assessment or
plan;
(2) consult with the owner or operator of the chemical
source to identify appropriate steps to achieve compliance; and
(3) if, following that consultation, the owner or operator
of the chemical source does not achieve compliance by such date
as the Secretary determines to be appropriate under the
circumstances, issue an order requiring the owner or operator
to correct specified deficiencies.
(d) Protection of Information.--Any determination of disapproval or
order made or issued under this section shall be exempt from
disclosure--
(1) under section 552 of title 5, United States Code;
(2) under any State or local law providing for public
access to information; and
(3) except as provided in section 193(g)(2), in any Federal
or State civil or administrative proceeding.
SEC. 196. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.
The Secretary--
(1) in addition to such consultation as is required in this
title, shall consult with Federal agencies with relevant
expertise, and may request those Federal agencies to provide
technical and analytical support, in implementing this title;
and
(2) may provide reimbursement for such technical and
analytical support received as the Secretary determines to be
appropriate.
SEC. 197. PENALTIES.
(a) Judicial Relief.--In a civil action brought in United States
district court, any owner or operator of a chemical source that
violates or fails to comply with any order issued by the Secretary
under this subtitle or a site security plan submitted to the Secretary
under this subtitle or recognized by the Secretary, for each day on
which the violation occurs or the failure to comply continues, may be
subject to--
(1) an order for injunctive relief; and
(2) a civil penalty of not more than $50,000.
(b) Administrative Penalties.--
(1) Penalty orders.--The Secretary may issue an
administrative penalty of not more than $250,000 for failure to
comply with an order issued by the Secretary under this
subtitle.
(2) Notice and hearing.--Before issuing an order described
in paragraph (1), the Secretary shall provide to the person
against whom the penalty is to be assessed--
(A) written notice of the proposed order; and
(B) the opportunity to request, not later than 30
days after the date on which the person receives the
notice, a hearing on the proposed order.
(3) Procedures.--The Secretary may promulgate regulations
outlining the procedures for administrative hearings and
appropriate review under this subsection, including necessary
deadlines.
SEC. 198. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.
Nothing in this subtitle affects any duty or other requirement
imposed under any other Federal or State law.
TITLE XIII--IMPROVING CYBERSECURITY
SEC. 201. CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT.
(a) In General.--The Secretary of Homeland Security, acting through
the Assistant Secretary for Cybersecurity, may establish, in
conjunction with the National Science Foundation, a program to award
grants to institutions of higher education (and consortia thereof)
for--
(1) the establishment or expansion of cybersecurity
professional development programs;
(2) the establishment or expansion of associate degree
programs in cybersecurity; and
(3) the purchase of equipment to provide training in
cybersecurity for either professional development programs or
degree programs.
(b) Roles.--
(1) Department of homeland security.--The Secretary, acting
through the Assistant Secretary for Cybersecurity and in
consultation with the Director of the National Science
Foundation, shall establish the goals for the program under
this section and the criteria for awarding grants under the
program.
(2) National science foundation.--The Director of the
National Science Foundation shall operate the program
established under this section consistent with the goals and
criteria established under paragraph (1), including soliciting
applicants, reviewing applications, and making and
administering grant awards. The Director may consult with the
Assistant Secretary for Cybersecurity in selecting awardees.
(3) Funding.--The Secretary shall transfer to the National
Science Foundation the funds necessary to carry out this
section.
(c) Grant Awards.--
(1) Peer review.--All grant awards under this section shall
be made on a competitive, merit reviewed basis.
(2) Focus.--In making grant awards under this section, the
Director shall, to the extent practicable, ensure geographic
diversity and the participation of women and underrepresented
minorities.
(3) Preference.--In making grant awards under this section,
the Director shall give preference to applications submitted by
consortia of institutions to encourage as many students and
professionals as possible to benefit from this program.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for carrying out this section $3,700,000
for fiscal year 2005.
(e) Definitions.--In this section, the term institution of higher
education has the meaning given that term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 202. ASSISTANT SECRETARY FOR CYBERSECURITY.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY.
``(a) In General.--There shall be in the Directorate for
Information Analysis and Infrastructure Protection a National
Cybersecurity Office headed by an Assistant Secretary for Cybersecurity
(in this section referred to as the `Assistant Secretary'), who shall
assist the Secretary in promoting cybersecurity for the Nation.
``(b) General Authority.--The Assistant Secretary, subject to the
direction and control of the Secretary, shall have primary authority
within the Department for all cybersecurity-related critical
infrastructure protection programs of the Department, including with
respect to policy formulation and program management.
``(c) Responsibilities.--The responsibilities of the Assistant
Secretary shall include the following:
``(1) To establish and manage--
``(A) a national cybersecurity response system that
includes the ability to--
``(i) analyze the effect of cybersecurity
threat information on national critical
infrastructure; and
``(ii) aid in the detection and warning of
attacks on, and in the restoration of,
cybersecurity infrastructure in the aftermath
of such attacks;
``(B) a national cybersecurity threat and
vulnerability reduction program that identifies
cybersecurity vulnerabilities that would have a
national effect on critical infrastructure, performs
vulnerability assessments on information technologies,
and coordinates the mitigation of such vulnerabilities;
``(C) a national cybersecurity awareness and
training program that promotes cybersecurity awareness
among the public and the private sectors and promotes
cybersecurity training and education programs;
``(D) a government cybersecurity program to
coordinate and consult with Federal, State, and local
governments to enhance their cybersecurity programs;
and
``(E) a national security and international
cybersecurity cooperation program to help foster
Federal efforts to enhance international cybersecurity
awareness and cooperation.
``(2) To coordinate with the private sector on the program
under paragraph (1) as appropriate, and to promote
cybersecurity information sharing, vulnerability assessment,
and threat warning regarding critical infrastructure.
``(3) To coordinate with other directorates and offices
within the Department on the cybersecurity aspects of their
missions.
``(4) To coordinate with the Under Secretary for Emergency
Preparedness and Response to ensure that the National Response
Plan developed pursuant to section 502(6) of the Homeland
Security Act of 2002 (6 U.S.C. 312(6)) includes appropriate
measures for the recovery of the cybersecurity elements of
critical infrastructure.
``(5) To develop processes for information sharing with the
private sector, consistent with section 214, that--
``(A) promote voluntary cybersecurity best
practices, standards, and benchmarks that are
responsive to rapid technology changes and to the
security needs of critical infrastructure; and
``(B) consider roles of Federal, State, local, and
foreign governments and the private sector, including
the insurance industry and auditors.
``(6) To coordinate with the Chief Information Officer of
the Department in establishing a secure information sharing
architecture and information sharing processes, including with
respect to the Department's operation centers.
``(7) To consult with the Electronic Crimes Task Force of
the United States Secret Service on private sector outreach and
information activities.
``(8) To consult with the Office for Domestic Preparedness
to ensure that realistic cybersecurity scenarios are
incorporated into tabletop and recovery exercises.
``(9) To consult and coordinate, as appropriate, with other
Federal agencies on cybersecurity-related programs, policies,
and operations.
``(10) To consult and coordinate within the Department and,
where appropriate, with other relevant Federal agencies, on
security of digital control systems, such as Supervisory
Control and Data Acquisition (SCADA) systems.
``(d) Authority Over the National Communications System.--The
Assistant Secretary shall have primary authority within the Department
over the National Communications System.''.
(b) Clerical Amendments.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to
subtitle A of title II the following:
``Sec. 203. Assistant Secretary for Cybersecurity.''.
(c) Cybersecurity Defined.--Section 2 of the Homeland Security Act
of 2002 (6 U.S.C. 101) is amended by adding at the end the following:
``(17)(A) The term `cybersecurity' means the prevention of
damage to, the protection of, and the restoration of computers,
electronic communications systems, electronic communication
services, wire communication, and electronic communication,
including information contained therein, to ensure its
availability, integrity, authentication, confidentiality, and
nonrepudiation.
``(B) In this paragraph--
``(i) each of the terms `damage' and `computer' has
the meaning that term has in section 1030 of title 18,
United States Code; and
``(ii) each of the terms `electronic communications
system', `electronic communication', `wire
communication', and `electronic communication' has the
meaning that term has in section 2510 of title 18,
United States Code.''.
TITLE XIV--ENABLING COMMUNICATIONS INTEROPERABILITY
SEC. 211. SHORT TITLE.
This subtitle may be cited as ``Connecting the Operations of
National Networks of Emergency Communications Technologies for First
Responders Act of 2004''.
SEC. 212. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Throughout the United States, public safety agencies--
law enforcement, firefighters, emergency technicians, public
health officials, and others--in the same jurisdictions cannot
now communicate effectively with one another, with agencies in
neighboring jurisdictions, or with other public safety agencies
at the Federal and State level, when responding to emergencies
or participating in major deployment.
(2) The inability of public safety agencies in the United
States to communicate with one another within and across
jurisdictions and disciplines is a long-recognized and complex
problem that threatens the public's safety and security and
often results in unnecessary loss of lives and property.
(3) The lack of interoperability was at least partially
responsible for the deaths of 343 firefighters in New York City
on September 11, 2001, when police could not communicate
effectively with firefighters prior to the collapse of the Twin
Towers.
(4) In the immediate aftermath of the Oklahoma City bombing
in 1995, studies showed that emergency responders had to use
runners to carry messages from one command center to another
because the responding agencies used different emergency radio
channels, different frequencies, and different radio systems.
(5) In Littleton, Colorado, 46 public safety agencies
responded to the shooting spree inside Columbine High School in
1999. Precious minutes were lost because command personnel were
forced to send runners to communicate crucial information.
Incompatible radio communication systems were a significant
factor, according to the Columbine Review Commission.
(6) There are more than 50,000 State and local public
safety agencies. Many of these agencies are small or volunteer
organizations with limited budgets, and little or no
engineering expertise. State and local agencies consistently
cite lack of funding as a critical obstacle to
interoperability.
(7) State and local budget crises have made funding public
safety communications even more difficult, and competition with
other critical homeland security needs, such as personnel,
physical facilities, protective gear, and other kinds of
equipment reduce the available funding for mission-critical
communications infrastructures and equipment.
(8) Funding is needed for all phases of the communications
system life cycle: planning, system design and engineering,
procurement and installation, operations and maintenance, and
testing and technology development. There is clear need for a
dedicated and consistent Federal funding source that is
sufficient to finance comprehensive interoperable
communications solutions. The role of Federal, State, and local
governments and agencies in funding interoperable
communications must be clear.
(9) Achieving nationwide interoperability will require a
significant financial commitment at all levels of government.
In 1998, the Public Safety Wireless Network estimated that
developing interoperable communications nationwide could cost
$18,000,000,000. According to the Office of Wireless Public
Safety Interoperable Communications, the umbrella program in
the Department of Homeland Security designed to lead and
coordinate interoperability efforts that is commonly known as
Project SAFECOM, that estimate is now outdated and includes
only part of the total cost of upgrades.
(10) An Independent Task Force sponsored by the Council on
Foreign Relations stated that ``among other things, additional
funds are desperately needed . . . to foster interoperable
communications systems for emergency responders across the
country so that those on the front lines can communicate with
each other while at the scene of attack''. The Task Force
recommended, ``conservatively'', that $6,800,000,000 over 5
years is needed for interoperability as well as public alert
and information systems programs.
(11) Numerous Federal agencies provide information or
grants that can be used in the development of interoperable
communications systems. However, without common guidance and
standards, funding and grants are often used in isolation of
broader, regional communications needs and capacities. There is
a need to better coordinate these disparate grant programs, and
to provide unified and consistent leadership and funding from
the Federal Government.
(12) The partnership between the private and public sectors
has developed numerous solutions to significantly improve
communications interoperability that can be implemented
immediately. These solutions include deployable vehicles that
contain crosspatch capabilities that allow radio users on
separate frequencies to talk to each other; communications
system overlay software and hardware that allow multiple
disparate communications networks to act as one network; and
the Project 25 standard for the manufacturing of interoperable
digital two-way wireless communications products.
(13) Current approaches to achieving communications
interoperability are also hampered by the fact that in many
jurisdictions--
(A) the existing radio communications
infrastructure is old and outdated;
(B) planning for interoperability is limited and
fragmented among multiple agencies;
(C) the necessary coordination and cooperation
within and among jurisdictions is difficult to achieve;
and
(D) there is limited and fragmented amount of radio
spectrum available to public safety organizations.
(14) The lack of universally recognized, fully open, and
implementable standards for public safety agency needs has
limited the cost efficiencies of interoperability, and has
delayed the adoption of new technologies by public safety
agencies.
(15) Solutions can only be achieved through cooperation
among all levels of government, and the Federal Government,
through the Department of Homeland Security, must provide
nationwide leadership, coordination, and a substantial share of
resources necessary to purchase appropriate technologies and
create seamless communications among United States public
safety agencies.
(16) In April 2004, the General Accounting Office found
that in Project SAFECOM's 2 year history, the program has made
very little progress in addressing its overall objective of
achieving national wireless communications interoperability
among first responders and public safety systems at all levels
of government, principally due to--
(A) a lack of consistent executive commitment and
support; and
(B) an inadequate level of interagency
collaboration.
(17) Project SAFECOM lacks the statutory authority and
dedicated resources necessary to coordinate Federal programs or
accomplish other tasks required to make the achievement of
interoperability a national priority, and a realistic goal for
the Nation.
(b) Purposes.--The purposes of this subtitle are to--
(1) require the Department of Homeland Security to provide
effective leadership, coordination, and technical assistance
for the purposes of enhancing communications interoperability,
and to establish and implement a strategy to ensure the
achievement of communications interoperability for public
safety agencies throughout the United States;
(2) authorize appropriations for interoperable
communications grants to State and local governments and public
safety agencies; and
(3) support the effective acquisition, installation, and
maintenance of short-term and long-term interoperable
communications equipment for homeland security at all levels of
government.
SEC. 213. ESTABLISHMENT OF THE OFFICE OF WIRELESS PUBLIC SAFETY
INTEROPERABLE COMMUNICATIONS.
(a) Amendment.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding after section 313 the following:
``SEC. 314. OFFICE OF WIRELESS PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS.
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Communications interoperability.--The term
`communications interoperability' means the ability of public
safety service and support providers, including emergency
response providers, to communicate with other responding
agencies and Federal agencies if necessary, through information
technology systems and radio communications systems, and to
exchange voice, data, or video with one another on demand, in
real time, as necessary.
``(2) Director.--The term `Director' means the Director of
Wireless Public Safety Interoperable Communications.
``(3) Office.--The term `Office' means the Office of
Wireless Public Safety Interoperable Communications established
under subsection (c).
``(4) Public safety agencies.--The term `public safety
agencies' includes emergency response providers and any other
persons that the Secretary determines must communicate
effectively with one another to respond to emergencies.
``(b) Sense of Congress Regarding Project SAFECOM.--It is the Sense
of Congress that--
``(1) after more than 2 years, Project SAFECOM has made
very limited progress in addressing its overall objective of
achieving communications interoperability among entities at all
levels of government;
``(2) a principal impediment to progress has been the
failure to effectively collaborate with, and to obtain
consistent funding from, other Federal agencies involved with
SAFECOM; and
``(3) in order to accelerate progress in achieving
communications interoperability among entities at all levels of
government, all Federal funding and program management to
achieve this goal should reside within the Department of
Homeland Security.
``(c) Establishment.--
``(1) In general.--There is established the Office of
Wireless Public Safety Interoperable Communications within the
Directorate of Science and Technology, which shall be headed by
a Director of Wireless Public Safety Interoperable
Communications appointed by the Secretary.
``(2) Administration.--The Secretary shall provide the
Office with the resources and staff necessary to carry out the
purposes of this section, including sufficient staff to provide
support to each State. Support under this paragraph shall
include outreach, coordination, and technical assistance.
``(3) Duties.--
``(A) Technical assistance.--
``(i) Assistance through director.--The
Secretary, acting through the Director, shall--
``(I) provide leadership and
coordination among all other Federal
agencies that provide funding,
research, technology development, or
other support for communications
interoperability;
``(II) accelerate, in consultation
with other nationally recognized
standards organizations as appropriate,
the development of national voluntary
consensus standards for communications
interoperability, including the Project
25 standard, and establish a schedule
of milestones to be achieved in
developing such standards;
``(III) provide technical
assistance to Federal, State, and local
governments and public safety agencies
on planning, interoperability
architectures, acquisition strategies,
and other functions necessary to
achieve communications
interoperability;
``(IV) participate in the review
and final approval of funding for grant
applications for the purposes of
administering the grant program
established under section 430(e); and
``(V) provide direct technical
assistance to State and local
governments and public safety agencies
for the purposes of administering the
grant program established under section
430(e).
``(ii) Assistance by director and under
secretary for science and technology.--The
Director, under the direction of the Under
Secretary for Science and Technology, shall--
``(I) conduct and otherwise provide
for research, development, testing, and
evaluation for public safety
communications technologies and
equipment;
``(II) evaluate and validate new
technology concepts, including systems
engineering and development, and
promote the deployment of advanced
broadband communications technologies;
and
``(III) encourage the development
of flexible and open architectures and
standards, with appropriate levels of
security, for short-term and long-term
solutions to interoperability.
``(B) Outreach and coordination.--The Secretary,
acting through both the Director and the Office of
State and Local Government Coordination established
under section 801, shall take such steps as are
necessary to enable public safety agencies to achieve
more effective and efficient interoperable
communications, and shall collaborate with other
Federal agencies, the leadership of public safety
agencies, and State and local governments to--
``(i) develop and maintain a task force
that represents the broad customer base of
State and local public safety agencies, as well
as Federal agencies, involved in public safety
agency disciplines, in order to receive input
and coordinate efforts to achieve
communications interoperability;
``(ii) develop and implement a national
strategy to achieve communications
interoperability;
``(iii) facilitate collaborative planning
and partnerships among local, State, and
Federal government agencies;
``(iv) coordinate, execute, and align all
Federal public safety wireless communications
activities, to include the development of
common guidance for grant programs, and any
programs conducting demonstration projects,
technical assistance, outreach, testing and
evaluation, or research and development to
enhance public safety wireless communications
and interoperability;
``(v) share best practices, and provide
outreach and coordination to State and local
governments and public safety agencies, to
implement short-term and long-term solutions to
achieve communications interoperability, and to
include commercially available equipment that
facilitates interoperability, coordination, and
integration among existing emergency
communications systems;
``(vi) identify and work to overcome the
political, institutional, and geographic
barriers within the public safety community
that can impede interoperability among public
safety agencies, including among Federal
agencies;
``(vii) develop appropriate performance
measures and systematically measure the
Nation's progress towards interoperability; and
``(viii) monitor the availability of, and
make recommendations to Congress to address
problems associated with the availability and
more efficient use of, radio spectrum for
public safety.
``(d) National Strategy.--
``(1) In general.--The Secretary, acting through the
Director, shall, in cooperation with State and local
governments, Federal agencies, public safety agencies, the
private sector, and the task force established under subsection
(c)(3)(B)(i), develop a national strategy to achieve
communications interoperability, which shall--
``(A) provide for the development of national
voluntary standards for the purchase and use by public
safety agencies of interoperable communications
equipment and technologies;
``(B) identify the appropriate interoperable
communications capabilities necessary for Federal,
State, and local public safety agencies to adequately
protect the people of the United States;
``(C) address both short-term and long-term
solutions to achieving Federal, State and local
communications interoperability, including provision of
commercially available equipment that facilitates
interoperability, coordination, and integration among
existing emergency communications systems;
``(D) identify how the Federal Government can work
effectively with State and local governments, public
safety agencies in all States, and such other entities
as are necessary to implement the strategy;
``(E) include measures to identify and overcome all
obstacles to achieving interoperability; and
``(F) set goals and establish time frames for the
achievement of communications interoperability across
the United States, and develop performance measures to
determine whether these goals are being met.
``(2) Report.--Not later than 6 months after the date of
enactment of the Connecting the Operations of National Networks
of Emergency Communications Technologies for First Responders
Act of 2004, and each year thereafter, the Secretary shall
submit a report to the Congress--
``(A) detailing the progress of the Department in
carrying out the purposes of this section;
``(B) detailing the progress in achieving
communications interoperability; and
``(C) making any recommendations necessary to
expedite the fulfillment of the purposes of this
section.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $50,000,000 for fiscal year 2005, and
such sums as are necessary each fiscal year thereafter, for the
operations of the Office, and for other entities within the Department
whose activities facilitate the purposes of the Connecting the
Operations of National Networks of Emergency Communications
Technologies for First Responders Act of 2004.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended by inserting after the item relating to section 313 the
following:
``314. Office of Wireless Public Safety Interoperable
Communications.''.
SEC. 214. INTEROPERABLE COMMUNICATIONS TECHNOLOGY GRANT PROGRAM.
Section 430 of the Homeland Security Act of 2002 (6 U.S.C. 238) is
amended by adding at the end the following:
``(e) Interoperable Communications Grants.--
``(1) Definitions.--In this subsection, the following
definitions shall apply:
``(A) Communications interoperability.--The term
`communications interoperability' means the ability of
public safety service and support providers, including
emergency response providers, to communicate with other
responding agencies and Federal agencies if necessary,
through information technology systems and radio
communications systems, and to exchange voice, data, or
video with one another on demand, in real time, as
necessary.
``(B) Eligible state.--The term `eligible State'
means a State that--
``(i) has submitted a plan under paragraph
(4); and
``(ii) the Secretary determines has not
achieved adequate statewide communications
interoperability.
``(C) Public safety agencies.--The term `public
safety agencies' includes emergency response providers
and any other persons that the Secretary determines
must communicate effectively with one another to
respond to emergencies.
``(2) In general.--The Secretary shall--
``(A) make grants on a competitive basis directly
to local governments (including a consortium of local
governments) and public safety agencies within eligible
States, in consultation with the chief executives of
the State or States, for the purpose of assisting in
the development of interoperable communications systems
at any stage, including--
``(i) planning, system design, and
engineering;
``(ii) procurement and installation of
equipment;
``(iii) operations and maintenance of
equipment; and
``(iv) testing and technology development;
and
``(B) make grants to eligible States for
initiatives necessary to achieve communications
interoperability within each State, including--
``(i) statewide communications planning;
``(ii) system design and engineering;
``(iii) procurement and installation of
equipment;
``(iv) operations and maintenance of
equipment; and
``(v) testing and technology development
initiatives.
``(3) Coordination.--
``(A) In general.--The Secretary shall ensure that
grants administered under this subsection are
coordinated with the activities of other entities of
the Department and other Federal entities so that
grants awarded under this subsection, and other grant
programs related to homeland security, facilitate the
achievement of the strategy developed under section
314(c), and the purposes of the Connecting the
Operations of National Networks of Emergency
Communications Technologies for First Responders Act of
2004.
``(B) Relationship to existing grant programs.--
Nothing in this Act shall provide for the combination
of grant funds among the grant program established
under this subsection and any other grant programs
administered by the Department of Homeland Security,
including the State Homeland Security Grant Program of
the Department, or any successor to such grant program,
and the Urban Area Security Initiative of the
Department, or any successor to such grant program.
``(4) Eligibility.--
``(A) Submission of plan.--To be eligible to
receive a grant under this subsection, each eligible
State, or local governments or public safety agencies
within an eligible State or States, shall submit a
communications interoperability plan to the Secretary
that--
``(i) addresses any stage of the
development of interoperable communications
systems, including planning, system design and
engineering, procurement and installation,
operations and maintenance, and testing and
technology development;
``(ii) if the applicant is not a State,
includes a description of how the applicant
addresses the goals specified in any applicable
State plan or plans submitted under this
section; and
``(iii) is approved by the Secretary.
``(B) Incorporation and consistency.--A plan
submitted under subparagraph (A) may be part of, and
shall be consistent with, any other homeland security
plans required of the submitting party by the
Department.
``(5) Award of grants.--
``(A) Considerations.--In approving plans and
awarding grants under this subsection, the Secretary
shall consider--
``(i) the nature of the threat to the
eligible State or local jurisdiction;
``(ii) the location, risk, or vulnerability
of critical infrastructure and key national
assets;
``(iii) the number, as well as the density,
of persons who will be served by interoperable
communications systems;
``(iv) the extent of the partnerships,
existing or planned, established between local
jurisdictions and agencies participating in the
development of interoperable communications
systems, and their coordination with Federal
and State agencies;
``(v) the level of communications
interoperability already achieved by the
jurisdictions;
``(vi) the extent to which the
communications interoperability plan submitted
under paragraph (4) adequately addresses steps
necessary to implement short-term or long-term
solutions to communications interoperability;
``(vii) the extent to which eligible States
and local governments, in light of their
financial capability, demonstrate their
commitment to expeditiously achieving
communications interoperability by
supplementing Federal funds with non-Federal
funds;
``(viii) the extent to which grants will
expedite the achievement of interoperability in
the relevant jurisdiction with Federal, State,
and local agencies; and
``(ix) the extent to which grants will be
utilized to implement advanced communications
technologies to promote interoperability.
``(B) Cost sharing.--
``(i) In general.--The Federal share of the
costs of an activity carried out with a grant
to an applicant awarded under this section
shall not exceed 75 percent.
``(ii) In-kind matching.--Each recipient of
a covered grant may meet the matching
requirement under clause (i) by making in-kind
contributions of goods or services that are
directly linked with the purpose for which the
grant is made, including personnel overtime,
contractor services, administrative costs,
equipment fuel and maintenance, and rental
space.
``(6) Reimbursement.--
``(A) In general.--Unless otherwise requested by
the recipient of a grant under this subsection, grants
shall not be awarded to reimburse the recipient for
prior expenditures related to achieving communications
interoperability.
``(B) Exception.--The Secretary shall reimburse
public safety agencies directly for costs incurred for
expenditures related to achieving communications
interoperability, if--
``(i) the public safety agency expended
funds after September 11, 2001, and before the
date of enactment of this subsection; and
``(ii) such expenditures are consistent
with and supportive of the communications
interoperability plan approved by the Secretary
under paragraph (4)(A)(iii).
``(C) Termination of authority.--The authority of
the Secretary under subparagraph (B) shall terminate
one year after the date on which the Department of
Homeland Security first allocates grant funds for this
program.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary $500,000,000 for
fiscal year 2005, $750,000,000 for fiscal year 2006,
$1,000,000,000 for fiscal year 2007, $1,250,000,000 for fiscal
year 2008, $1,500,000,000 for fiscal year 2009, and such sums
as are necessary each fiscal year thereafter, to carry out the
purposes of this subsection.''.
TITLE XV--STRENGTHENING PRIVACY PROTECTIONS WITHIN THE DEPARTMENT OF
HOMELAND SECURITY
Subtitle A--SHIELD Privacy Act
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ``Strengthening Homeland
Innovation to Emphasize Liberty, Democracy, and Privacy Act'' or the
``SHIELD Privacy Act''.
SEC. 222. FINDINGS.
The Congress finds the following:
(1) The protection of our Nation's civil liberties and
privacy is fundamental to the American way of life.
(2) Strengthening our homeland security ensures that our
way of life and the rights protected by the Constitution remain
intact.
(3) In developing homeland security initiatives, our
Government must take care to protect fundamental constitutional
rights and strive to minimize unnecessary impositions on the
freedoms and privileges enjoyed in the United States.
(4) As governments develop and employ new technologies and
gather information from the private sector for homeland
security efforts, they must ensure that our society's
constitutional guarantees relating to privacy, due process, and
civil liberties are protected.
SEC. 223. CHIEF PRIVACY OFFICER.
(a) Designation.--The President shall designate a senior official
within the Office of Management and Budget as the Chief Privacy
Officer, who shall have primary responsibility for privacy policy
throughout the Federal Government.
(b) Specific Responsibilities.--The responsibilities of the Chief
Privacy Officer shall include the following:
(1) Assuring that the technologies procured and use of
technologies by the Federal Government sustain, and do not
erode, privacy protections relating to the use, collection, and
disclosure of personally identifiable information.
(2) Assuring that personally identifiable information
contained in systems of records (as that term is defined in
section 552a of title 5, United States Code, popularly known as
the ``Privacy Act of 1974'') is handled in full compliance with
fair information practices required under that section.
(3) Evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personally
identifiable information by the Federal Government.
(4) Exercising responsibility currently vested in the
Director of the Office of Management and Budget with respect to
privacy impact assessment rules, regulations, and oversight
under section 208 of the E-Gov Act of 2002 (44 U.S.C. 3501
note).
(5) Preparing an annual report to the Congress containing
an agency-by-agency analysis of Federal activities that affect
privacy, including complaints of privacy violations,
implementation of section 552a of title 5, United States Code,
internal controls, and other matters.
(c) Agency Information.--The head of each Federal agency shall
provide to the Chief Privacy Officer such information as the Chief
Privacy Officer considers necessary for the completion of the annual
reports under subsection (b)(5).
(d) Report by Secretary of Homeland Security.--Section 222(5) of
the Homeland Security Act of 2002 (6 U.S.C. 142(5)) is amended by
striking ``Congress'' and inserting ``the chief Privacy Officer of the
Office of Management and Budget''.
SEC. 224. PRIVACY POLICY OF DEPARTMENTS AND INDEPENDENT AGENCIES.
(a) Officials Responsible for Privacy Policy.--The head of each
department and each independent agency in the executive branch shall
appoint a senior official of the department or independent agency,
respectively, to assure primary responsibility for privacy policy,
including the following:
(1) Assuring that technologies procured and use of
technologies sustain, and do not erode, privacy protections
relating to the use, collection, and disclosure of personally
identifiable information.
(2) Assuring that personally identifiable information
contained in systems of records (as that term is defined in
section 552a of title 5, United States Code, popularly known as
the ``Privacy Act of 1974'') is handled in full compliance with
fair information practices required under that section.
(3) Evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personally
identifiable information by the Federal Government.
(4) Conducting privacy impact assessments under subsection
(b).
(5) Ensuring that the department or agency protects
personally identifiable information and information systems
from unauthorized access, use, disclosure, disruption,
modification, or destruction in order to provide--
(A) integrity, by--
(i) guarding against improper information
modification or destruction; and
(ii) ensuring information nonrepudiation
and authenticity;
(B) confidentiality, by preserving authorized
restrictions on access and disclosure, including means
for protecting personal privacy and proprietary
information;
(C) availability, by ensuring timely and reliable
access to and use of that information; and
(D) authentication, by utilizing digital
credentials to assure the identity of users and
validate their access.
(6) Submitting an annual report to the Director of the
Office of Management and Budget on activities of their agencies
that affect privacy, including complaints of privacy
violations, implementation of section 552a of title 5, United
States Code, internal controls, and other matters.
(b) Privacy Impact Assessments.--
(1) Requirement.--The official appointed under subsection
(a) for a department or independent agency shall--
(A) assess the impact on privacy of each proposed
action of the Department or agency that will require
collecting, using, or accessing personally identifiable
information from 10 or more persons; and
(B) make the results of such assessments publicly
available through the World Wide Web site of the
Department.
(2) Matters considered.--Each assessment under this
subsection regarding a proposed action shall consider the
following:
(A) The type of any personally identifiable
information to be collected, used, or accessed by the
Department.
(B) Why such information will be collected, used,
or accessed.
(C) The intended use of such information.
(D) The persons with whom such information will be
shared.
(E) What notice or consent will be provided to
individuals regarding such information to be collected
or accessed, and how that information will be shared.
(F) How such information will be secured.
(G) Whether a system of records will be created for
purposes of section 552a of title 5, United States
Code.
(H) The method by which, extent to which, and rate
at which such collected information will be destroyed
or returned.
SEC. 225. COMMISSION ON PRIVACY, FREEDOM, AND HOMELAND SECURITY.
(a) Establishment.--There is established a commission to be known
as the ``Commission on Privacy, Freedom, and Homeland Security''.
(b) Duties of Commission.--
(1) In general.--The Commission shall conduct a
comprehensive legal and factual study relating to United States
efforts to further homeland security in a manner that protects
privacy, civil liberties, and individual freedoms.
(2) Matters to be studied.--The matters studied by the
Commission under paragraph (1) shall at a minimum include the
following:
(A) A review of whether Federal agencies are
properly assessing the privacy implications of new
homeland security technologies before implementing and
deploying such technologies.
(B) The impact of existing Federal and State
privacy statutes and regulations, legislation pending
before the Congress, and privacy protection efforts
undertaken by the Federal Government, State
governments, foreign governments, and international
governing bodies on homeland security.
(C) The impact of Federal legislation enacted since
September 11, 2001, or pending before the Congress, on
civil liberties.
(D) The likely effectiveness of existing
technologies for analyzing public and private sources
of data and information to identify terrorists and
prevent terrorist acts.
(c) Field Hearings.--
(1) In general.--The Commission shall conduct at least 2
field hearings in each of the 5 geographical regions of the
United States.
(2) Determination of regions.--For purposes of this
subsection, the Commission may determine the boundaries of the
5 geographical regions of the United States.
(d) Report.--
(1) In general.--No later than 24 months after the date on
which the Commission first meets, the Commission shall submit
to the President and the Congress a comprehensive report of the
Commission's findings, recommendations, and conclusions. Such
report shall include a summary of the report submitted to the
Commission by the National Research Council under subsection
(g)(9), and a summary of any other material relied on by the
Commission in the preparation of its report.
(2) Recommendations.--The report under paragraph (1) shall
include recommendations regarding the following:
(A) Steps Federal agencies should take when
considering new homeland security technologies to
ensure that privacy implications are adequately
considered before such technologies are implemented.
(B) Whether additional legislation is necessary to
reform or augment current laws and regulations relating
to privacy and homeland security, including specific
reform proposals and an analysis of the financial costs
of any proposed changes.
(C) Safeguards and protection that should be in
place when the Federal Government uses an individual's
personally identifiable information obtained from a
commercial database or a list for counterterrorism and
homeland security purposes.
(3) Additional report.--The Commission shall submit to the
Congress and the President, with the report under paragraph
(1), any additional report of dissenting opinions or minority
views by any member of the Commission.
(4) Interim report.--The Commission may submit to the
Congress and the President interim reports approved by a
majority of the members of the Commission.
(e) Structure of Commission.--
(1) Member and appointment.--The Commission shall be
composed of 10 members appointed as follows:
(A) 1 member appointed by the President, who shall
be the chairperson of the Commission.
(B) 1 member appointed jointly by the minority
leader of the House of Representatives and the minority
leader of the Senate, who shall be the vice chairperson
of the Commission.
(C) 2 members appointed by the majority leader of
the House of Representatives.
(D) 2 members appointed by the minority leader of
the House of Representatives.
(E) 2 members appointed by the majority leader of
the Senate.
(F) 2 members appointed by the minority leader of
the Senate.
(2) Qualifications of members.--The appointing authorities
under subsection (1) shall seek to ensure that the membership
of the Commission has a diversity of views and experiences on
the matters to be studied by the Commission, including views
and knowledge of law, civil rights and liberties, privacy
matters, homeland security, information technology, security,
database integration, and law enforcement.
(3) Date of appointment.--The appointment of the members of
the Commission shall be made not later than 30 days after the
date of the enactment of this Act.
(4) Terms.--Each member of the Commission shall be
appointed for the life of the Commission.
(5) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner in which the original appointment was
made.
(6) Compensation; travel expenses.--Members of the
Commission shall serve without pay, but shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(7) Quorum.--A majority of the members of the Commission
shall constitute a quorum for purposes of conducting business,
except that 2 members of the Commission shall constitute a
quorum for purposes of conducting a hearing.
(8) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chairperson or a majority of its members.
(B) Initial meeting.--Not later than 45 days after
the date of the enactment of this Act, the Commission
shall hold its initial meeting.
(f) Director; Staff; Experts and Consultants.--
(1) Director.--
(A) Appointment.--Not later than 60 days after the
date of the enactment of this Act, the Commission shall
appoint a Director, without regard to the provisions of
title 5, United States Code, governing appointments to
the competitive service.
(B) Pay.--The Director shall be paid at the rate
payable for level III of the Executive Schedule
established under section 5314 of such title.
(2) Staff.--
(A) Appointment.--The Director may appoint such
staff as the Director determines appropriate, without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service.
(B) Pay.--The staff of the Commission shall be paid
in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification and General Schedule
pay rates, but at rates not in excess of the maximum
rate for grade GS-15 of the General Schedule under
section 5332 of that title.
(3) Experts and consultants.--The Director may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(4) Detailees.--
(A) In general.--Upon request of the Director, the
head of any Federal department or agency may detail, on
a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in
carrying out this Act.
(B) Notice.--Before making a request under this
paragraph, the Director shall give notice of the
request to each member of the Commission.
(g) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this subtitle, hold hearings, sit and
act at times and places, take testimony, and receive evidence
to carry out its duties under subsection (b). The Commission
may administer oaths or affirmations to witnesses appearing
before it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official information.--
(A) Requirement to furnish.--Except as provided in
subparagraph (B), if the Commission submits a request
to a Federal department or agency for information
necessary to enable the Commission to carry out this
subtitle, the head of that department or agency shall
furnish that information to the Commission.
(B) Exception for national security.--If the head
of a Federal department or agency determines that it is
necessary to withhold requested information from
disclosure to protect the national security interests
of the United States, the department or agency head
shall not furnish that information to the Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Director, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out this section.
(6) Gifts and donations.--The Commission may accept, use,
and dispose of gifts or donations of services or property to
carry out this Act, but only to the extent or in the amounts
provided in advance in appropriation Acts.
(7) Contracts.--The Commission may contract with and
compensate persons and government agencies for supplies and
services, without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5).
(8) Subpoena power.--
(A) In general.--If a Federal department or agency
or any other person fails to supply information
requested by the Commission, the Commission may require
by subpoena the production of the information. The
Commission shall transmit to the Attorney General a
written notice at least 10 days in advance of the
issuance of any such subpoena. A subpoena under this
paragraph may require the production of materials from
any place within the United States.
(B) Interrogatories.--The Commission may, with
respect only to information necessary to understand any
materials obtained through a subpoena under paragraph
(A), issue a subpoena requiring the person producing
such materials to answer, either through a sworn
deposition or through written answers provided under
oath (at the election of the person upon whom the
subpoena is served), interrogatories from the
Commission regarding such information. A complete
recording or transcription shall be made of any
deposition made under this paragraph.
(C) Certification.--Each person who submits
materials or information to the Commission pursuant to
a subpoena issued under subparagraph (A) or (B) shall
certify to the Commission the authenticity and
completeness of all materials or information submitted.
(D) Treatment of subpoenas.--Any subpoena issued by
the Commission under subparagraph (A) or (B) shall
comply with requirements for subpoenas issued by a
United States district court under the Federal Rules of
Civil Procedure.
(E) Failure to obey a subpoena.--If a person
refuses to obey a subpoena issued by the Commission
under subparagraph (A) or (B), the Commission may apply
to a United States district court for an order
requiring that person to comply with such subpoena. The
application may be made within the judicial district in
which that person is found, resides, or transacts
business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(9) Arrangements with national research council.--
(A) In general.--In carrying out its duties under
subsection (b), the Commission shall arrange with the
National Research Council of the National Academy of
Sciences for assistance in conducting the studies
required by the Commission under subsection (b)(2),
including performance of the analysis required under
subsection (b)(2)(C).
(B) Report.--The arrangements entered into under
(A) shall require that the National Research Council
submit a report to the Commission detailing the results
of its efforts no later than 15 months after the date
on which the Commission first meets.
(C) Use of funds.--Of amounts appropriated to carry
out this section, up to $750,000 shall be available to
the Commission to carry out this paragraph.
(h) Budget Act Compliance.--Any new contract authority authorized
by this section shall be effective only to the extent or in the amounts
provided in advance in appropriation Acts.
(i) Privacy Protections.--
(1) Destruction or return of information required.--Upon
the conclusion of the matter or need for which individually
identifiable information was disclosed to the Commission, the
Commission shall either destroy the individually identifiable
information or return it to the person or entity from which it
was obtained, unless the individual that is the subject of the
individually identifiable information has authorized its
disclosure.
(2) Disclosure of information prohibited.--Any individual
employed by an individual, entity, or organization under
contract to the Commission shall be considered an employee of
the Commission for the purposes of section 1905 of title 18,
United States Code.
(3) Proprietary business information and financial
information.--The Commission shall protect from improper use,
and may not disclose to any person, proprietary business
information and proprietary financial information that may be
viewed or obtained by the Commission in the course of carrying
out its duties under this section.
(4) Individually identifiable information defined.--For the
purposes of this section, the term ``individually identifiable
information'' means any information, whether oral or recorded
in any form or medium, that identifies an individual, or with
respect to which there is a reasonable basis to believe that
the information can be used to identify an individual.
(j) Termination of Commission.--The Commission shall terminate 30
days after submitting a report under subsection (d)(1).
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Commission $4,750,000 to carry out this Act.
(2) Availability.--Any sums appropriated pursuant to the
authorization in subsection (a) shall remain available until
expended.
SEC. 226. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) In General.--There is established within the Executive Office
of the President a Privacy and Civil Liberties Oversight Board
(referred to in this title as the ``Board'').
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) In conducting the war on terrorism, the Government may
need additional powers and may need to enhance the use of its
existing powers.
(2) This shift of power and authority to the Government
calls for an enhanced system of checks and balances to protect
the precious liberties that are vital to our way of life and to
ensure that the Government uses its powers for the purposes for
which the powers were given.
(c) Purpose.--The Board shall--
(1) analyze and review actions the Executive Branch takes
to protect the Nation from terrorism; and
(2) ensure that liberty concerns are appropriately
considered in the development and implementation of laws,
regulations, and policies related to efforts to protect the
Nation against terrorism.
(d) Functions.--
(1) Advice and counsel on policy development and
implementation.--The Board shall--
(A) review proposed legislation, regulations, and
policies related to efforts to protect the Nation from
terrorism, including the development and adoption of
information sharing guidelines under section 165;
(B) review the implementation of new and existing
legislation, regulations, and policies related to
efforts to protect the Nation from terrorism, including
the implementation of information sharing guidelines
under section 165;
(C) advise the President and Federal executive
departments and agencies to ensure that privacy and
civil liberties are appropriately considered in the
development and implementation of such legislation,
regulations, policies, and guidelines; and
(D) in providing advice on proposals to retain or
enhance a particular governmental power, consider
whether the executive department or agency has
explained--
(i) that the power actually materially
enhances security; and
(ii) that there is adequate supervision of
the executive's use of the power to ensure
protection of civil liberties.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and procedures and
the implementation of the regulations, policies,
procedures, and related laws of Federal executive
departments and agencies to ensure that privacy and
civil liberties are protected;
(B) the information sharing practices of Federal
executive departments and agencies to determine whether
they appropriately protect privacy and civil liberties
and adhere to the information sharing guidelines
promulgated under section 165 and to other governing
laws, regulations, and policies regarding privacy and
civil liberties; and
(C) other actions by the Executive Branch related
to efforts to protect the Nation from terrorism to
determine whether such actions--
(i) appropriately protect privacy and civil
liberties; and
(ii) are consistent with governing laws,
regulations, and policies regarding privacy and
civil liberties.
(3) Relationship with privacy and civil liberties
officers.--The Board shall review and assess the activities of
privacy officers described in section 224 and, where
appropriate, shall coordinate their activities.
(e) Reports.--
(1) In general.--The Board shall--
(A) receive and review reports from privacy
officers described in section 224; and
(B) periodically submit, not less than
semiannually, reports to Congress and the President.
(2) Contents.--Not less than 2 reports submitted each year
under paragraph (1)(B) shall include--
(A) a description of the major activities of the
Board during the relevant period; and
(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice
and oversight functions under subsection (d).
(f) Informing the Public.--The Board shall hold public hearings,
release public reports, and otherwise inform the public of its
activities, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
(g) Access to Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this section,
the Board may--
(A) secure directly from any Federal executive
department or agency, or any Federal officer or
employee, all relevant records, reports, audits,
reviews, documents, papers, or recommendations,
including classified information consistent with
applicable law;
(B) interview, take statements from, or take public
testimony from personnel of any Federal executive
department or agency or any Federal officer or
employee;
(C) request information or assistance from any
State, tribal, or local government; and
(D) require, by subpoena, persons other than
Federal executive departments and agencies to produce
any relevant information, documents, reports, answers,
records, accounts, papers, and other documentary or
testimonial evidence.
(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D), the
United States district court for the judicial district in which
the subpoenaed person resides, is served, or may be found may
issue an order requiring such person to produce the evidence
required by such subpoena.
(h) Membership.--
(1) Members.--The Board shall be composed of a chairman and
4 additional members, who shall be appointed by the President,
by and with the advice and consent of the Senate.
(2) Qualifications.--Members of the Board shall be selected
solely on the basis of their professional qualifications,
achievements, public stature, and relevant experience, and
without regard to political affiliation.
(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, an officer, or an employee of the Federal Government,
other than in the capacity as a member of the Board.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman.--The chairman shall be compensated at
a rate equal to the daily equivalent of the annual rate
of basic pay in effect for a position at level III of
the Executive Schedule under section 5314 of title 5,
United States Code, for each day during which the
chairman is engaged in the actual performance of the
duties of the Board.
(B) Members.--Each member of the Board shall be
compensated at a rate equal to the daily equivalent of
the annual rate of basic pay in effect for a position
at level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
during which that member is engaged in the actual
performance of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the
Government under section 5703(b) of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Board.
(j) Staff.--
(1) Appointment and compensation.--The Chairman, in
accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of an executive director and such
other personnel as may be necessary to enable the Board to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Detailees.--Any Federal employee may be detailed to the
Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States Code,
at rates that do not exceed the daily rate paid a person
occupying a position at level IV of the Executive Schedule
under section 5315 of such title.
(k) Security Clearances.--The appropriate Federal executive
departments and agencies shall cooperate with the Board to
expeditiously provide the Board members and staff with appropriate
security clearances to the extent possible under existing procedures
and requirements, except that no person shall be provided with access
to classified information under this section without the appropriate
security clearances.
(l) Treatment as Agency, not as Advisory Committee.--The Board--
(1) is an agency (as defined in section 551(1) of title 5,
United States Code); and
(2) is not an advisory committee (as defined in section
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
(m) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
Subtitle B--Civil Rights and Civil Liberties
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Homeland Security Civil Rights
and Civil Liberties Protection Act of 2004''.
SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C.
111(b)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) ensure that the civil rights and civil
liberties of persons are not diminished by efforts,
activities, and programs aimed at securing the
homeland; and''.
SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
345(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``report directly to the Secretary and shall'' after ``who
shall'';
(2) in paragraph (1)-
(A) by striking ``alleging'' and inserting
``concerning'';
(B) by striking ``racial and ethnic'';
(C) by inserting ``on the basis of race, ethnicity,
or religion,'' after ``profiling''; and
(D) by striking ``and'' after the semicolon at the
end;
(3) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(3) assist the Secretary, directorates, and offices of
the Department to develop, implement, and periodically review
Department policies and procedures to ensure that the
protection of civil rights and civil liberties is appropriately
incorporated into Department programs and activities;
``(4) oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the
civil rights and civil liberties of individuals affected by the
programs and activities of the Department;
``(5) coordinate with the official appointed under section
222 to ensure that--
``(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy
considerations are addressed in an integrated and
comprehensive manner; and
``(B) the Congress receives appropriate reports
regarding such programs, policies, and procedures; and
``(6) investigate complaints and information indicating
possible abuses of civil rights or civil liberties, unless the
Inspector General of the Department determines that any such
complaint or information should be investigated by the
Inspector General.''.
SEC. 234. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF
INSPECTOR GENERAL.
(a) Designation and Functions of Senior Official.--The Homeland
Security Act of 2002 (Public Law 107-296) is amended by inserting after
section 812 the following:
``SEC. 813. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF
INSPECTOR GENERAL.
``(a) Designation of Senior Official.--The Inspector General of the
Department of Homeland Security shall designate a senior official
within the Office of Inspector General who is a career member of the
civil service at the equivalent to the GS-15 level or a career member
of the Senior Executive Service, to perform the functions described in
subsection (b).
``(b) Functions.--The senior official designated under subsection
(a) shall---
``(1) coordinate the activities of the Office of Inspector
General with respect to investigations of abuses of civil
rights or civil liberties;
``(2) receive and review complaints and information from
any source alleging abuses of civil rights and civil liberties
by employees or officials of the Department of Homeland
Security or by employees or officials of independent
contractors or grantees of the Department;
``(3) initiate investigations of alleged abuses of civil
rights or civil liberties by employees or officials of the
Department of Homeland Security or by employees or officials of
independent contractors or grantees of the Department;
``(4) ensure that personnel within the Office of Inspector
General receive sufficient training to conduct effective civil
rights and civil liberties investigations;
``(5) consult with the Officer for Civil Rights and Civil
Liberties of the Department of Homeland Security regarding--
``(A) alleged abuses of civil rights or civil
liberties; and
``(B) any policy recommendations regarding civil
rights and civil liberties that may be founded upon an
investigation by the Office of Inspector General;
``(6) provide the Officer for Civil Rights and Civil
Liberties with information regarding the outcome of
investigations of alleged abuses of civil rights and civil
liberties;
``(7) refer civil rights and civil liberties matters that
the Inspector General decides not to investigate to the Officer
for Civil Rights and Civil Liberties;
``(8) ensure that the Office of the Inspector General
publicizes and provides convenient public access to information
regarding--
``(A) the procedure to file complaints or comments
concerning civil rights and civil liberties matters;
and
``(B) the status of investigations initiated in
response to public complaints; and
``(9) inform the Officer for Civil Rights and Civil
Liberties of any weaknesses, problems, and deficiencies within
the Department relating to civil rights or civil liberties.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 812
the following:
``Sec. 813. Protection of civil rights and civil liberties by Office of
Inspector General.''.
SEC. 235. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``,
who shall report directly to the Secretary,'' after ``in the
Department'';
(2) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
``(5) coordinating with the Officer for Civil Rights and
Civil Liberties to ensure that--
``(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy
considerations are addressed in an integrated and
comprehensive manner; and
``(B) the Congress receives appropriate reports on
such programs, policies, and procedures; and''.
TITLE XVI--PREVENTING THE RISE OF FUTURE TERRORISTS
SEC. 241. ROLE OF PAKISTAN IN COUNTERING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The Government of Pakistan has a critical role to
perform in the struggle against Islamist terrorism.
(2) The endemic poverty, widespread corruption, and
frequent ineffectiveness of government in Pakistan create
opportunities for Islamist recruitment.
(3) The poor quality of education in Pakistan is
particularly worrying, as millions of families send their
children to madrassahs, some of which have been used as
incubators for violent extremism.
(4) The vast unpoliced regions in Pakistan make the country
attractive to extremists seeking refuge and recruits and also
provide a base for operations against coalition forces in
Afghanistan.
(5) A stable Pakistan, with a government advocating
``enlightened moderation'' in the Muslim world, is critical to
stability in the region.
(6) There is a widespread belief among the people of
Pakistan that the United States has long treated them as allies
of convenience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should make a long-term commitment to
assisting in ensuring a promising, stable, and secure future in
Pakistan, as long as its leaders remain committed to combatting
extremists and implementing a strategy of ``enlightened
moderation'';
(2) the United States aid to Pakistan should be fulsome
and, at a minimum, sustained at the fiscal year 2004 levels;
(3) the United States should support the Government of
Pakistan with a comprehensive effort that extends from military
aid to support for better education; and
(4) the United States Government should devote particular
attention and resources to assisting in the improvement of the
quality of education in Pakistan.
(c) Report on Support for Pakistan.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on the efforts of the United States
Government to support Pakistan and encourage moderation in that
country.
(2) Content.--The report required under this section shall
include the following:
(A) An examination of the desirability of
establishing a Pakistan Education Fund to direct
resources toward improving the quality of secondary
schools in Pakistan.
(B) Recommendations on the funding necessary to
provide various levels of educational support.
(C) An examination of the current composition and
levels of United States military aid to Pakistan,
together with any recommendations for changes in such
levels and composition that the President considers
appropriate.
(D) An examination of other major types of United
States financial support to Pakistan, together with any
recommendations for changes in the levels and
composition of such support that the President
considers appropriate.
SEC. 242. AID TO AFGHANISTAN.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The United States and its allies in the international
community have made progress in promoting economic and
political reform within Afghanistan, including the
establishment of a central government with a democratic
constitution, a new currency, and a new army, the increase of
personal freedom, and the elevation of the standard of living
of many Afghans.
(2) A number of significant obstacles must be overcome if
Afghanistan is to become a secure and prosperous democracy, and
such a transition depends in particular upon--
(A) improving security throughout the country;
(B) disarming and demobilizing militias;
(C) curtailing the rule of the warlords;
(D) promoting equitable economic development;
(E) protecting the human rights of the people of
Afghanistan;
(F) holding elections for public office; and
(G) ending the cultivation and trafficking of
narcotics.
(3) The United States and the international community must
make a long-term commitment to addressing the deteriorating
security situation in Afghanistan and the burgeoning narcotics
trade, endemic poverty, and other serious problems in
Afghanistan in order to prevent that country from relapsing
into a sanctuary for international terrorism.
(b) Policy.--It shall be the policy of the United States to take
the following actions with respect to Afghanistan:
(1) Working with other nations to obtain long-term
security, political, and financial commitments and fulfillment
of pledges to the Government of Afghanistan to accomplish the
objectives of the Afghanistan Freedom Support Act of 2002 (22
U.S.C. 7501 et seq.), especially to ensure a secure,
democratic, and prosperous Afghanistan that respects the rights
of its citizens and is free of international terrorist
organizations.
(2) Using the voice and vote of the United States in
relevant international organizations, including the North
Atlantic Treaty Organization and the United Nations Security
Council, to strengthen international commitments to assist the
Government of Afghanistan in enhancing security, building
national police and military forces, increasing counter-
narcotics efforts, and expanding infrastructure and public
services throughout the country.
(3) Taking appropriate steps to increase the assistance
provided under programs of the Department of State and the
United States Agency for International Development throughout
Afghanistan and to increase the number of personnel of those
agencies in Afghanistan as necessary to support the increased
assistance.
(c) Authorization of Appropriations.--
(1) Fiscal year 2005.--There are authorized to be
appropriated to the President for fiscal year 2005 for
assistance for Afghanistan, in addition to any amounts
otherwise available for the following purposes, the following
amounts:
(A) For Development Assistance to carry out the
provisions of sections 103, 105, and 106 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, and
2151d), $400,000,000.
(B) For the Child Survival and Health Program Fund
to carry out the provisions of section 104 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b),
$100,000,000.
(C) For the Economic Support Fund to carry out the
provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.),
$550,000,000.
(D) For International Narcotics and Law Enforcement
to carry out the provisions of section 481 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291),
$360,000,000.
(E) For Nonproliferation, Anti-Terrorism, Demining,
and Related Programs, $50,000,000.
(F) For International Military Education and
Training to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347),
$2,000,000.
(G) For Foreign Military Financing Program grants
to carry of the provision of section 23 of the Arms
Export Control Act (22 U.S.C. 2763), $880,000,000.
(H) For Peacekeeping Operations to carry out the
provisions of section 551 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2348), $60,000,000.
(2) Fiscal years 2006 through 2009.--There are authorized
to be appropriated to the President for each of fiscal years
2006 through 2009 such sums as may be necessary for financial
and other assistance to Afghanistan.
(3) Conditions for assistance.--Assistance provided by the
President under this subsection--
(A) shall be consistent with the Afghanistan
Freedom Support Act of 2002; and
(B) shall be provided with reference to the
``Securing Afghanistan's Future'' document published by
the Government of Afghanistan.
(d) Sense of Congress.--It is the sense of Congress that Congress
should, in consultation with the President, update and revise, as
appropriate, the Afghanistan Freedom Support Act of 2002.
(e) Strategy and Support Regarding United States Aid to
Afghanistan.--
(1) Requirement for strategy.--Not later than 180 days
after the date of the enactment of this Act, the President
shall submit to Congress a 5-year strategy for providing aid to
Afghanistan.
(2) Content.--The strategy required under paragraph (1)
shall describe the resources that will be needed during the
next 5 years to achieve specific objectives in Afghanistan,
including in the following areas:
(A) Fostering economic development.
(B) Curtailing the cultivation of opium.
(C) Achieving internal security and stability.
(D) Eliminating terrorist sanctuaries.
(E) Increasing governmental capabilities.
(F) Improving essential infrastructure and public
services.
(G) Improving public health services.
(H) Establishing a broad-based educational system.
(I) Promoting democracy and the rule of law.
(J) Building national police and military forces.
(3) Updates.--Beginning not later than 1 year after the
strategy is submitted to Congress under paragraph (1), the
President shall submit to Congress an annual report--
(A) updating the progress made toward achieving the
goals outlined in the strategy under this subsection;
and
(B) identifying shortfalls in meeting those goals
and the resources needed to fully achieve them.
SEC. 243. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Despite a long history of friendly relations with the
United States, Saudi Arabia has been a problematic ally in
combating Islamic extremism.
(2) Cooperation between the Governments of the United
States and Saudi Arabia has traditionally been carried out in
private.
(3) The Government of Saudi Arabia has not always responded
promptly and fully to United States requests for assistance in
the global war on Islamist terrorism.
(4) Counterterrorism cooperation between the Governments of
the United States and Saudi Arabia has improved significantly
since the terrorist bombing attacks in Riyadh, Saudi Arabia, on
May 12, 2003.
(5) The Government of Saudi Arabia is now aggressively
pursuing al Qaeda and appears to be acting to build a domestic
consensus for some internal reforms.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the problems in the relationship between the United
States and Saudi Arabia must be confronted openly, and the
opportunities for cooperation between the countries must be
pursued openly by those governments;
(2) both governments must build a relationship that they
can publicly defend and that is based on other national
interests in addition to their national interests in oil;
(3) this relationship should include a shared commitment to
political and economic reform in Saudi Arabia; and
(4) this relationship should also include a shared interest
in greater tolerance and respect for other cultures in Saudi
Arabia and a commitment to fight the violent extremists who
foment hatred in the Middle East.
(c) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a strategy for expanding collaboration with the
Government of Saudi Arabia on subjects of mutual interest and
of importance to the United States.
(2) Scope.--As part of this strategy, the President shall
consider the utility of undertaking a periodic, formal, and
visible high-level dialogue between senior United States
Government officials of cabinet level or higher rank and their
counterparts in the Government of Saudi Arabia to address
challenges in the relationship between the 2 governments and to
identify areas and mechanisms for cooperation.
(3) Content.--The strategy under this subsection shall
encompass--
(A) intelligence and security cooperation in the
fight against Islamist terrorism;
(B) ways to advance the Middle East peace process;
(C) political and economic reform in Saudi Arabia
and throughout the Middle East; and
(D) the promotion of greater tolerance and respect
for cultural and religious diversity in Saudi Arabia
and throughout the Middle East.
SEC. 244. EFFORTS TO COMBAT ISLAMIC TERRORISM BY ENGAGING IN THE
STRUGGLE OF IDEAS IN THE ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While support for the United States has plummeted in
the Islamic world, many negative views are uninformed, at best,
and, at worst, are informed by coarse stereotypes and
caricatures.
(2) Local newspapers in Islamic countries and influential
broadcasters who reach Islamic audiences through satellite
television often reinforce the idea that the people and
Government of the United States are anti-Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a
commitment to treat all people humanely, abide by the rule of
law, and be generous and caring to the people and governments
of other countries;
(2) the United States should cooperate with governments of
Islamic countries to foster agreement on respect for human
dignity and opportunity, and to offer a vision of a better
future that includes stressing life over death, individual
educational and economic opportunity, widespread political
participation, contempt for indiscriminate violence, respect
for the rule of law, openness in discussing differences, and
tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Arabs and Muslims and promote
moderation in the Islamic world; and
(4) the United States should work to defeat extremist
ideology in the Islamic world by providing assistance to
moderate Arabs and Muslims to combat extremist ideas.
(c) Report on the Struggle of Ideas in the Islamic World.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report that contains a cohesive long-term
strategy for the United States Government to help win the
struggle of ideas in the Islamic world.
(2) Content.--The report required under this section shall
include the following:
(A) A description of specific goals related to
winning this struggle of ideas.
(B) A description of the range of tools available
to the United States Government to accomplish these
goals and the manner in which such tools will be
employed.
(C) A list of benchmarks for measuring success and
a plan for linking resources to the accomplishment of
these goals.
(D) A description of any additional resources that
may be necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and
United States participation in, international
institutions for the promotion of democracy and
economic diversification in the Islamic world, and
intra-regional trade in the Middle East.
(F) An estimate of the level of United States
financial assistance that would be sufficient to
convince United States allies and people in the Islamic
world that engaging in the struggle of ideas in the
Islamic world is a top priority of the United States
and that the United States intends to make a
substantial and sustained commitment toward winning
this struggle.
SEC. 245. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) Finding.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress finds that short-
term gains enjoyed by the United States through cooperation with the
world's most repressive and brutal governments are too often outweighed
by long-term setbacks for the stature and interests of the United
States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the value
of life and the importance of individual educational and
economic opportunity, encourage widespread political
participation, condemn indiscriminate violence, and promote
respect for the rule of law, openness in discussing differences
among people, and tolerance for opposing points of view; and
(2) the United States Government must prevail upon the
governments of all predominantly Muslim countries, including
those that are friends and allies of the United States, to
condemn indiscriminate violence, promote the value of life,
respect and promote the principles of individual education and
economic opportunity, encourage widespread political
participation, and promote the rule of law, openness in
discussing differences among people, and tolerance for opposing
points of view.
SEC. 246. PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST MEDIA.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants and
criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq,
this message is not always clearly presented in the Islamic
world.
(2) If the United States does not act to vigorously define
its message in the Islamic world, the image of the United
States will be defined by Islamic extremists who seek to
demonize the United States.
(3) Recognizing that many Arab and Muslim audiences rely on
satellite television and radio, the United States Government
has launched promising initiatives in television and radio
broadcasting to the Arab world, Iran, and Afghanistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States must do more to defend and promote
its values and ideals to the broadest possible audience in the
Islamic world;
(2) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate
expressions of these values reach large audiences in the
Islamic world and should be robustly supported;
(3) the United States Government could and should do more
to engage the Muslim world in the struggle of ideas; and
(4) the United States Government should more intensively
employ existing broadcast media in the Islamic world as part of
this engagement.
(c) Report on Outreach Strategy.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on the strategy of the United States
Government for expanding its outreach to foreign Muslim
audiences through broadcast media.
(2) Content.--The report shall include the following:
(A) The initiatives of the Broadcasting Board of
Governors and the public diplomacy activities of the
Department of State with respect to outreach to foreign
Muslim audiences.
(B) An outline of recommended actions that the
United States Government should take to more regularly
and comprehensively present a United States point of
view through indigenous broadcast media in countries
with sizable Muslim populations, including increasing
appearances by United States Government officials,
experts, and citizens.
(C) An assessment of potential incentives for, and
costs associated with, encouraging United States
broadcasters to dub or subtitle into Arabic and other
relevant languages their news and public affairs
programs broadcast in the Muslim world in order to
present those programs to a much broader Muslim
audience than is currently reached.
(D) Any recommendations the President may have for
additional funding and legislation necessary to achieve
the objectives of the strategy.
(d) Authorizations of Appropriations.--There are authorized to be
appropriated to the President to carry out United States Government
broadcasting activities under the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United
States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.),
and the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C.
6501 et seq.), and to carry out other activities under this section
consistent with the purposes of such Acts, the following amounts:
(1) International broadcasting operations.--For
International Broadcasting Operations--
(A) $717,160,000 for fiscal year 2005; and
(B) such sums as may be necessary for each of the
fiscal years 2006 through 2009.
(2) Broadcasting capital improvements.--For Broadcasting
Capital Improvements--
(A) $11,040,000 for fiscal year 2005; and
(B) such sums as may be necessary for each of the
fiscal years 2006 through 2009.
SEC. 247. USE OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE
ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to promote
internationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values and
offer them knowledge and hope.
(b) Sense of Congress.--It is the sense of Congress that the United
States should expand its exchange, scholarship, and library programs,
especially those that benefit people in the Arab and Muslim worlds.
(c) Definitions.--In this section:
(1) Eligible country.--The term ``eligible country'' means
a country or entity in Africa, the Middle East, Central Asia,
South Asia, or Southeast Asia that--
(A) has a sizable Muslim population; and
(B) is designated by the Secretary of State as
eligible to participate in programs under this section.
(2) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of State.
(3) United states entity.--The term ``United States
entity'' means an entity that is organized under the laws of
the United States, any State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
American Samoa, or any other territory or possession of the
United States.
(4) United states sponsoring organization.--The term
``United States sponsoring organization'' means a
nongovernmental organization that is--
(A) based in the United States; and
(B) controlled by a citizen of the United States or
a United States entity that is designated by the
Secretary, pursuant to regulations, to carry out a
program authorized by subsection (e).
(d) Expansion of Educational and Cultural Exchanges.--
(1) Purpose.--The purpose of this subsection is to provide
for the expansion of international educational and cultural
exchange programs between the United States and eligible
countries.
(2) Specific programs.--In carrying out this subsection,
the Secretary is authorized to conduct or initiate programs in
eligible countries as follows:
(A) Fulbright exchange program.--
(i) Increased number of awards.--The
Secretary is authorized to substantially
increase the number of awards under the J.
William Fulbright Educational Exchange Program.
(ii) International support for fulbright
program.--The Secretary shall work to increase
support for the J. William Fulbright
Educational Exchange Program in eligible
countries in order to enhance academic and
scholarly exchanges with those countries.
(B) Hubert h. humphrey fellowships.--The Secretary
is authorized to substantially increase the number of
Hubert H. Humphrey Fellowships awarded to candidates
from eligible countries.
(C) Sister institutions programs.--The Secretary is
authorized to facilitate the establishment of sister
institution programs between cities and municipalities
and other institutions in the United States and in
eligible countries in order to enhance mutual
understanding at the community level.
(D) Library training exchanges.--The Secretary is
authorized to develop a demonstration program,
including training in the library sciences, to assist
governments in eligible countries to establish or
upgrade the public library systems of such countries
for the purpose of improving literacy.
(E) International visitors program.--The Secretary
is authorized to expand the number of participants from
eligible countries in the International Visitors
Program.
(F) Youth ambassadors.--
(i) In general.--The Secretary is
authorized to establish a youth ambassadors
program for visits by middle and secondary
school students from eligible countries to the
United States to participate in activities,
including cultural and educational activities,
that are designed to familiarize participating
students with United States society and values.
(ii) Visits.--The visits of students who
are participating in the youth ambassador
program under clause (i) shall be scheduled
during the school holidays in the home
countries of the students and may not exceed 4
weeks.
(iii) Criteria.--Students selected to
participate in the youth ambassador program
shall reflect the economic and geographic
diversity of eligible countries.
(G) Education reform.--The Secretary is
authorized--
(i) to expand programs that seek to improve
the quality of primary and secondary school
systems in eligible countries; and
(ii) in order to foster understanding of
the United States, to promote civic education
through teacher exchanges, teacher training,
textbook modernization, and other efforts.
(H) Promotion of religious freedom.--The Secretary
is authorized to establish a program to promote
dialogue and exchange among leaders and scholars of all
faiths from the United States and eligible countries.
(I) Bridging the digital divide.--The Secretary is
authorized to establish a program to help foster access
to information technology among underserved populations
and by civil society groups in eligible countries.
(J) People-to-people diplomacy.--The Secretary is
authorized to expand efforts to promote United States
public diplomacy interests in eligible countries
through cultural, arts, entertainment, sports and other
exchanges.
(K) College scholarships.--
(i) In general.--The Secretary is
authorized to establish a program to offer
scholarships to permit individuals to attend
eligible colleges and universities.
(ii) Eligibility for program.--To be
eligible for the scholarship program, an
individual shall be a citizen or resident of an
eligible country who has graduated from a
secondary school in an eligible country.
(iii) Eligible college or university
defined.--In this subparagraph, the term
``eligible college or university'' means a
college or university that is organized under
the laws of the United States, a State, or the
District of Columbia, accredited by an
accrediting agency recognized by the Secretary
of Education, and primarily located in, but not
controlled by, an eligible country.
(L) Language training program.--The Secretary is
authorized to provide travel and subsistence funding
for students who are United States citizens to travel
to eligible countries to participate in immersion
training programs in languages used in such countries
and to develop regulations governing the provision of
such funding.
(e) Secondary School Exchange Program.--
(1) In general.--The Secretary is authorized to establish
an international exchange visitor program, modeled on the
Future Leaders Exchange Program established under the FREEDOM
Support Act (22 U.S.C. 5801 et seq.), for eligible students
to--
(A) attend public secondary school in the United
States;
(B) live with a host family in the United States;
and
(C) participate in activities designed to promote a
greater understanding of United States and Islamic
values and culture.
(2) Eligible student defined.--In this subsection, the term
``eligible student'' means an individual who--
(A) is a national of an eligible country;
(B) is at least 15 years of age but not more than
18 years and 6 months of age at the time of enrollment
in the program;
(C) is enrolled in a secondary school in an
eligible country;
(D) has completed not more than 11 years of primary
and secondary education, exclusive of kindergarten;
(E) demonstrates maturity, good character, and
scholastic aptitude, and has the proficiency in the
English language necessary to participate in the
program;
(F) has not previously participated in an exchange
program in the United States sponsored by the
Government of the United States; and
(G) is not prohibited from entering the United
States under any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) or any other
provision of law related to immigration and
nationality.
(3) Compliance with visa requirements.--An eligible student
may not participate in the exchange visitor program authorized
by paragraph (1) unless the eligible student has the status of
nonimmigrant under section 101(a)(15)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(J)).
(4) Broad participation.--Whenever appropriate, the
Secretary shall make special provisions to ensure the broadest
possible participation in the exchange visitor program
authorized by paragraph (1), particularly among females and
less advantaged citizens of eligible countries.
(5) Designated exchange visitor program.--The exchange
visitor program authorized by paragraph (1) shall be a
designated exchange visitor program for the purposes of section
641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372).
(6) Regular reporting to the secretary.--If the Secretary
utilizes a United States sponsoring organization to carry out
the exchange visitor program authorized by paragraph (1), such
United States sponsoring organization shall report regularly to
the Secretary on the progress it has made to implement such
program.
(f) Report on Expediting Visas for Participants in Exchange,
Scholarship, and Visitors Programs.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary and the Secretary of
Homeland Security shall submit to Congress a report on
expediting the issuance of visas to individuals who are
entering the United States for the purpose of participating in
a scholarship, exchange, or visitor program authorized in
subsection (d) or (e) without compromising the security of the
United States.
(2) Recommendations.--The report required by paragraph (1)
shall include--
(A) the recommendations of the Secretary and the
Secretary of Homeland Security, if any, for methods to
expedite the processing of requests for such visas; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(g) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for educational and cultural exchange programs for
fiscal year 2005, there is authorized to be appropriated to the
Department of State $60,000,000 to carry out programs under this
section.
SEC. 248. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a key
element in any global strategy to eliminate Islamist terrorism.
(2) Education in the Middle East about the world outside
that region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting a
concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education
programs targeting women and girls and programs for adult
literacy, and by other means.
(5) To be effective, the effort to improve education in the
Middle East must also include--
(A) support for the provision of basic education
tools, such as textbooks that translate more of the
world's knowledge into local languages and local
libraries to house such materials; and
(B) more vocational education in trades and
business skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital divide that already have been
developed for other regions of the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--
(A) In general.--The President shall establish an
International Youth Opportunity Fund (hereafter in this
section referred to as the ``Fund'').
(B) International participation.--The President
shall seek the cooperation of the international
community in establishing and generously supporting the
Fund.
(2) Purpose.--The purpose of the Fund shall be to provide
financial assistance for the improvement of public education in
the Middle East, including assistance for the construction and
operation of primary and secondary schools in countries that
have a sizable Muslim population and that commit to sensibly
investing their own financial resources in public education.
(3) Eligibility for assistance.--
(A) Determination.--The Secretary of State, in
coordination with the Administrator of the United
States Agency for International Development, shall
determine which countries are eligible for assistance
through the Fund.
(B) Criteria.--In determining whether a country is
eligible for assistance, the Secretary shall consider
whether the government of that country is sensibly
investing financial resources in public education and
is committed to promoting a system of education that
teaches tolerance, the dignity and value of each
individual, and respect for different beliefs.
(4) Use of funds.--Financial assistance provided through
the Fund shall be used for expanding literacy programs,
providing textbooks, reducing the digital divide, expanding
vocational and business education, constructing and operating
public schools, establishing local libraries, training teachers
in modern education techniques, and promoting public education
that teaches tolerance, the dignity and value of each
individual, and respect for different beliefs.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State and the Administrator of the United States
Agency for International Development shall jointly prepare and
submit to Congress a report on the improvement of education in
the Middle East.
(2) Content.--Reports submitted under this subsection shall
include the following:
(A) A general strategy for working with eligible
host governments in the Middle East toward establishing
the International Youth Opportunity Fund and related
programs.
(B) A listing of countries that are eligible for
assistance under such programs.
(C) A description of the specific programs
initiated in each eligible country and the amount
expended in support of such programs.
(D) A description of activities undertaken to close
the digital divide and expand vocational and business
skills in eligible countries.
(E) A listing of activities that could be
undertaken if additional funding were provided and the
amount of funding that would be necessary to carry out
such activities.
(F) A strategy for garnering programmatic and
financial support from international organizations and
other countries in support of the Fund and activities
related to the improvement of public education in
eligible countries.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the President for the establishment of the
International Youth Opportunity Fund, in addition to any amounts
otherwise available for such purpose, $40,000,000 for fiscal year 2005
and such sums as may be necessary for fiscal years 2006 through 2009.
SEC. 249. REPORT ON THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic policies
and repressive political regimes.
(2) Policies that support economic development and reform
also have political implications, as economic and political
liberties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist between
the United States and Israel and the United States and Jordan.
(4) Existing and proposed free trade agreements between the
United States and Islamic countries are drawing interest from
other countries in the Middle East region, and Islamic
countries can become full participants in the rules-based
global trading system, as the United States considers lowering
its barriers to trade with the poorest Arab countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that encourage
development, open societies, and opportunities for people to
improve the lives of their families and to enhance prospects
for their children's future;
(2) 1 element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that have
a significant population of Arab or Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries
that have a significant population of Arab or Muslim
individuals, including efforts to integrate such countries into
the global trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United
States should devote an increased proportion of its assistance
to countries in the Middle East to the promotion of the rule of
law.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on the efforts of the United States
Government to encourage development and promote economic reform
in countries that have a significant population of Arab or
Muslim individuals.
(2) Content.--The report required under this subsection
shall describe--
(A) efforts to integrate countries with significant
populations of Arab or Muslim individuals into the
global trading system; and
(B) actions that the United States Government,
acting alone and in partnership with other governments
in the Middle East, can take to promote intra-regional
trade and the rule of law in the region.
SEC. 250. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2005 $200,000,000 for the Middle East
Partnership Initiative.
(b) Sense of Congress.--It is the sense of Congress that, given the
importance of the rule of law and economic reform to development in the
Middle East, a significant portion of the funds authorized to be
appropriated under subsection (a) should be made available to promote
the rule of law in the Middle East.
SEC. 251. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Almost every aspect of the counterterrorism strategy of
the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign governments
concerning counterterrorism have expanded significantly, but
such contacts have often been ad hoc and not integrated as a
comprehensive and unified approach.
(b) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress that
the President--
(A) should seek to engage the leaders of the
governments of other countries in a process of
advancing beyond separate and uncoordinated national
counterterrorism strategies to develop with those other
governments a comprehensive coalition strategy to fight
Islamist terrorism; and
(B) to that end, should seek to establish an
international counterterrorism policy contact group
with the leaders of governments providing leadership in
global counterterrorism efforts and governments of
countries with sizable Muslim populations, to be used
as a ready and flexible international means for
discussing and coordinating the development of
important counterterrorism policies by the
participating governments.
(2) Authority.--The President is authorized to establish an
international counterterrorism policy contact group with the
leaders of governments referred to in paragraph (1) for
purposes as follows:
(A) To develop in common with such other countries
important policies and a strategy that address the
various components of international prosecution of the
war on terrorism, including policies and a strategy
that address military issues, law enforcement, the
collection, analysis, and dissemination of
intelligence, issues relating to interdiction of travel
by terrorists, counterterrorism-related customs issues,
financial issues, and issues relating to terrorist
sanctuaries.
(B) To address, to the extent (if any) that the
President and leaders of other participating
governments determine appropriate, such long-term
issues as economic and political reforms that can
contribute to strengthening stability and security in
the Middle East.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Armed Services, International Relations, the Judiciary, Ways and Means, Intelligence (Permanent Select), Energy and Commerce, Government Reform, Science, and Homeland Security (Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Telecommunications and the Internet, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.