I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Winning the War on Terror Act of 2004’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 
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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
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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. 
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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 
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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 
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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.

1 TITLE I—INCREASING SPECIAL 

2 FORCES 

3 SEC. 2. INCREASE IN SPECIAL OPERATIONS FORCES AS4 SIGNED TO SPECIAL OPERATIONS COMMAND. 

5 By the end of fiscal year 2014, the number of special 

6 operations forces in the Armed Forces shall be increased 

7 by 50,000, which represents a 50-percent increase over the 

8 number of special operations forces in effect on September 

9 30, 2004. Of the increased number of personnel, half shall 

10 be active or reserve members who are directly assigned 
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1 to the unified combatant command for special operations 

2 required by section 167 of title 10, United States Code, 

3 and the other half shall be members of the Marine Corps 

4 who have completed special operations training. There are 

5 authorized to be appropriated such sums as are necessary 

6 to carry out this section. 

7 SEC. 3. ANNUAL REPORT ON SPECIAL OPERATIONS 

8 FORCES RETENTION. 

9 Section 167 of title 10, United States Code, is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(l) ANNUAL REPORT ON SPECIAL OPERATIONS

13 FORCES RETENTION.—Not later than March 1 of each 

14 year, the Secretary of Defense shall submit to Congress 

15 a report specifying retention levels for members of the 

16 armed forces serving as special operations forces and con17 taining the strategy of the Department of Defense for im18 proving retention rates, in particular among members who 

19 have completed between 10 and 14 years of service and 

20 members with more than 20 years of service.’’. 

21 SEC. 4. REPORT ON ACTIVE AND RESERVE MIX FOR SPE22 CIAL OPERATIONS FORCES AND SPECIAL 

23 FORCES TRANSFORMATION. 

24 Not later than one year after the date of the enact25 ment of this Act, the Secretary of Defense shall submit 
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1 to Congress a report containing the recommendations of 

2 the Secretary regarding—

3 (1) the appropriate mix of active and reserve 

4 forces for special operations forces, including civil af5 fairs forces and psychological operations forces, to 

6 reduce the need for long-term deployments of reserv7 ists; and 

8 (2) the transformation of the special operations 

9 forces to develop a more ethnically diverse intel10 ligence cadre capable of locating and infiltrating so11 phisticated terrorist networks. 

12 TITLE II—STRENGTHENING 

13 COUNTER-PROLIFERATION 

14 SEC. 11. SENSE OF CONGRESS ON 

15 COUNTERPROLIFERATION PROGRAMS. 

16 (a) IN GENERAL.—It is the sense of Congress that 

17 the United States must strengthen the nonproliferation 

18 programs of the Department of Energy, expand the Pro19 liferation Security Initiative of the Department of State, 

20 and support Cooperative Threat Reduction programs of 

21 the Department of Defense. 

22 (b) FUNDING.—It is the sense of Congress that the 

23 United States should increase its spending on the 

24 counterproliferation programs described in subsection (a) 

25 such that, as of fiscal year 2010, the aggregate annual 
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1 spending of the United States on those 

2 counterproliferation programs is not less than 

3 $3,000,000,000. 

4 SEC. 12. GLOBAL THREAT REDUCTION INITIATIVE. 

5 (a) INITIATIVE REQUIRED.—From amounts made 

6 available to carry out this section, the Secretary of Energy 

7 shall carry out a program, to be known as the Global 

8 Threat Reduction Initiative, under which the Secretary 

9 provides for the securing, removing, or disposing of nu10 clear and radiological materials outside the United States 

11 that are vulnerable to theft. In carrying out the program, 

12 the Secretary shall seek to secure, remove, or dispose of 

13 nuclear and radiological materials at the 24 most vulner14 able reactor sites in foreign countries, as determined by 

15 the Secretary of State, by 2009. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary of En18 ergy to carry out this section $4,500,000,000 for each of 

19 fiscal years 2005 through 2014. 

20 SEC. 13. COOPERATIVE THREAT REDUCTION INITIATIVE. 

21 (a) RESOLUTION OF LIABILITY AND ACCESS PROB22 LEMS.—The President shall work to resolve the liability 

23 and access problems that continue to be roadblocks to the 

24 Cooperative Threat Reduction programs. 
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1 (b) DEFINITION.—In this section, the term ‘‘Cooper2 ative Threat Reduction programs’’ means programs speci3 fied in section 1501(b) of the National Defense Authoriza4 tion Act of Fiscal year 1997 (Public Law 104–201; 110 

5 Stat. 2731; 50 U.S.C. 2362 note). 

6 SEC. 14. SENSE OF CONGRESS ON PROLIFERATION SECU7 RITY INITIATIVE. 

8 It is the sense of Congress that the People’s Republic 

9 of China should be encouraged to participate in the Pro10 liferation Security Initiative of the Department of State 

11 in order to assist in efforts to prevent the export of weap12 ons of mass destruction by the Government of North 

13 Korea. 

14 SEC. 15. THREAT ASSESSMENTS ON SOURCES OF RADIO15 LOGICAL MATERIALS. 

16 (a) ASSESSMENTS REQUIRED.—The Secretary of En17 ergy shall carry out threat assessments on the most likely 

18 sources of radiological material that could be used in mak19 ing a ‘‘dirty bomb’’. 

20 (b) REPORT.—Not later than 6 months after the date 

21 of the enactment of this Act, the Secretary shall submit 

22 to Congress a report on the threat assessments carried 

23 out under subsection (a). 
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1 SEC. 16. ELIMINATION OF UNITED STATES CHEMICAL 

2 STOCKPILE. 

3 The President shall ensure that the chemical stock4 pile of the United States is eliminated not later than the 

5 end of 2012. 

6 TITLE III—IMPROVING THE 

7 TERRORIST SCREENING CENTER 

8 SEC. 21. TARGETING TERRORIST TRAVEL. 

9 (a) CODIFICATION OF THE ESTABLISHMENT OF THE

10 TERRORIST SCREENING CENTER.—There is established 

11 within the Federal Bureau of Investigation the Terrorist 

12 Screening Center under the direction of the Director of 

13 the Federal Bureau of Investigation. 

14 (b) MISSION.—The Terrorist Screening Center 

15 shall—

16 (1) establish and operate a single consolidated 

17 terrorist database consisting of terrorist information 

18 from all watchlists compiled by the agencies and de19 partments of the United States; 

20 (2) provide operational support for terrorist 

21 screeners throughout the United States and around 

22 the world 24 hours of each day; 

23 (3) ensure that terrorist screeners use the same 

24 unified, comprehensive set of anti-terrorist informa25 tion; and 
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1 (4) ensure that terrorist screeners have access 

2 to information and expertise that will permit rapid 

3 response when a suspected terrorist is screened or 

4 stopped. 

5 (c) DEADLINE FOR OPERATION OF DATABASE.—The 

6 Terrorist Screening Center shall complete and begin oper7 ation of a comprehensive terrorist screening database by 

8 not later than December 31, 2004. 

9 (d) ACCESS TO DATABASE.—(1) The Terrorist 

10 Screening Center shall take such steps as are required to 

11 provide electronic access to the comprehensive terrorist 

12 screening database as soon as possible. 

13 (2) The Director of the Federal Bureau of Investiga14 tion shall submit to Congress semiannual reports on the 

15 progress made to carry out paragraph (1). 

16 (e) ASSISTANCE FROM NCTC.—The head of the Na17 tional Counterterrorism Center shall expand existing pro18 grams relating to terrorist travel intelligence collection 

19 and analysis to assist the Terrorist Screening Center. 

20 (f) TERRORIST SCREENER DEFINED.—In this sec21 tion, the term ‘‘terrorist screener’’ means individuals who 

22 are investigators, screeners, and agents with an official 

23 duty related to the identification, tracking, or apprehen24 sion of suspected terrorists, including the following: 

25 (1) Personnel of the intelligence community. 
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1 (2) Federal personnel who screen individuals 

2 entering the United States. 

3 (3) Federal, State and local law enforcement 

4 personnel. 

5 (4) Federal personnel that consider visa appli6 cations. 

7 (5) Personnel of authorized private sector oper8 ators of critical infrastructure. 

9 (6) Authorized personnel of certain foreign gov10 ernments that have entered into immigration agree11 ments with the United States or that are engaged in 

12 the global war on terrorism as partners of the 

13 United States. 

14 (7) Any other individuals whose duties and re15 sponsibilities reasonably require timely access to the 

16 terrorist screening database, as determined by the 

17 Director of the Federal Bureau of Investigation. 

18 TITLE IV—IMPROVING BORDER 

19 SECURITY 

20 SEC. 30. SHORT TITLE. 

21 This title may be cited as the ‘‘Secure Borders Act’’. 
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1 Subtitle A—Securing Our Borders 

2 CHAPTER 1—INFRASTRUCTURE 

3 ENHANCEMENTS 

4 SEC. 31. ESTABLISHMENT OF LAND BORDER INFRASTRUC5 TURE IMPROVEMENT FUND. 

6 (a) IN GENERAL.—There is established in the general 

7 fund of the Treasury a separate account which shall be 

8 known as the ‘‘Land Border Infrastructure Improvement 

9 Fund’’. Amounts deposited in such fund shall remain 

10 available to the Secretary of Homeland Security until ex11 pended, subject to the provisions of appropriations Acts, 

12 to carry out infrastructure and technology improvement 

13 projects at our nation’s ports of entry, as assessed in sec14 tion 32, to reduce and prevent the nation’s land border 

15 vulnerability to terrorist attack, and penetration by terror16 ists and criminals, while effectively facilitating the move17 ment of goods, services, and legitimate travelers. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated $1,000,000,000 to carry 

20 out the projects described in subsection (c). 

21 (c) PROJECTS DESCRIBED.—The Secretary of Home22 land Security may carry out infrastructure and technology 

23 improvement projects recommended in the report sub24 mitted under section 32 in order to reduce the vulner25 ability of ports of entry. 
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1 SEC. 32. REQUIRING A VULNERABILITY ASSESSMENT OF 

2 LAND PORTS OF ENTRY. 

3 (a) INITIAL ASSESSMENT.—

4 (1) IN GENERAL.—The Secretary of Homeland 

5 Security shall conduct an assessment of the vulner6 ability of each United States land port of entry to 

7 penetration by terrorists and criminals or terrorist 

8 attack. In carrying out assessments under this para9 graph, the Secretary shall categorize the vulner10 ability of each port of entry as ‘‘high’’, ‘‘medium’’, 

11 or ‘‘low’’ and shall prioritize the vulnerability of each 

12 port of entry within each such category. In con13 ducting the assessment, the Secretary of Homeland 

14 Security shall consult with appropriate State, local, 

15 and private sector representatives. 

16 (2) REPORT.—Not later than one year after the 

17 date of the enactment of this Act, the Secretary 

18 shall prepare and submit to the appropriate congres19 sional committees (as that term is defined in section 

20 2 of the Homeland Security Act of 2002 (6 U.S.C. 

21 101)) a report that contains—

22 (A) the results of the assessment con23 ducted under paragraph (1); 

24 (B) with respect to each port of entry cat25 egorized under paragraph (1) as either a 
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1 ‘‘high’’ or ‘‘medium’’ vulnerability port of entry, 

2 descriptions of—

3 (i) infrastructure and technology im4 provement projects required for the port of 

5 entry in order to reduce its vulnerability; 

6 (ii) the resources required to make 

7 such improvements; and 

8 (C) a description of how the funds will be 

9 used to implement technology and infrastruc10 ture improvement projects. 

11 (b) FOLLOW-UP ASSESSMENTS.—The Secretary of 

12 Homeland Security shall conduct follow-up assessments of 

13 land border ports of entry every 2 years and shall submit 

14 such reports to the appropriate congressional committees 

15 (as defined in section 2 of the Homeland Security Act of 

16 2002 (6 U.S.C. 101)). 

17 SEC. 33. ENHANCING SENTRI, FAST, AND NEXUS 

18 PREENROLLMENT PROGRAMS. 

19 (a) SENSE OF CONGRESS.—It is the sense of the Con20 gress that preenrollment programs should be expanded to 

21 all major ports of entry because these programs assist our 

22 frontline officers in the fight against terrorism. These pro23 grams allow inspectors to focus more closely on unknown 

24 travelers by subjecting participants to in depth back25 ground and watch list checks. 
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1 (b) PERMANENT AUTHORIZATION.—

2 (1) IN GENERAL.—The Secretary of Homeland 

3 Security shall make permanent pre-enrollment pro4 grams that subject participants who are aliens, and 

5 citizens of the United States, to criminal and watch 

6 list screenings and fingerprint checks prior to enroll7 ing in order to gain expedited inspections at ports 

8 of entry. 

9 (2) SPECIFIC PROGRAMS.—The programs de10 scribed in paragraph (1) shall include, at a min11 imum, the following: 

12 (A) The Free and Secure Trade, or 

13 ‘‘FAST’’, program authorized under subpart B 

14 of title IV of the Tariff Act of 1930 (19 U.S.C 

15 1411 et seq). 

16 (B) The Secure Electronic Network for 

17 Travelers Rapid Inspection, or ‘‘SENTRI’’, pro18 gram authorized under section 286(q) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1356(q)). 

21 (C) The ‘‘NEXUS’’ program authorized 

22 under section 286(q) of the Immigration and 

23 Nationality Act (8 U.S.C. 1356(q)). 

24 (D) Successor programs to the programs 

25 described in subparagraphs (A) through (C). 
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1 (c) AUTHORIZATION OF FUNDS NECESSARY TO

2 BUILD ADEQUATE INFRASTRUCTURE TO RENDER PRO3 GRAMS EFFECTIVE.—There are authorized to be appro4 priated such funds as may be necessary to improve infra5 structure to enhance access to pre-enrollment lanes, and 

6 to accomplish all the other purposes outlined in this sec7 tion, in order to facilitate inspections and expedite the flow 

8 of travel and commerce. 

9 (d) REDUCTION OF PROGRAM FEES.—The Secretary 

10 of Homeland Security may reduce the enrollment fees for 

11 the programs described in subsection (a) if necessary to 

12 encourage participation. 

13 (e) CREATION OF REMOTE ENROLLMENT CEN14 TERS.—The Secretary shall create a minimum of 4 remote 

15 enrollment centers, away from the borders of the United 

16 States, for such programs in major population centers 

17 where there is a demand for such a service. 

18 (f) CREATION OF APPEALS PROCESS.—The Sec19 retary of Homeland Security must establish a process to 

20 review actions that terminate the participation of travelers 

21 in pre-enrollment programs. 

22 (g) REPORT ON BUDGET, PROGRAM USE, AND EN23 FORCEMENT.—The Secretary of Homeland Security annu24 ally shall submit to the appropriate congressional commit25 tees (as defined in section 2 of the Homeland Security 
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1 Act of 2002 (6 U.S.C. 101)) a report on the programs 

2 described in subsection (a). The report should include a 

3 review of costs associated with the programs, including—

4 (1) areas of program expansion within a port5 of-entry, to other ports-of-entry and to other modes 

6 of travel including air, mass transit, bicycle and pe7 destrians; 

8 (2) the cost of upgrade and maintenance needs; 

9 (3) update on status and expansion of enroll10 ment centers; 

11 (4) infrastructure needs on the US, Canadian, 

12 and Mexican sides of the border to enhance the pro13 grams; 

14 (5) universal access through ports; 

15 (6) technology and database enhancements to 

16 link watch lists to the programs; 

17 (7) the feasibility of incorporating radio fre18 quency enabled travel documents into the programs, 

19 such as passports, alien registration cards, and other 

20 documents; 

21 (8) the cost of enabling all inspection lanes with 

22 pre-enrollment technology; 

23 (9) public information campaign and relevant 

24 associated costs; and 

25 (10) for each pre-enrollment location—
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1 (A) total vehicles processed per month; 

2 (B) total pre-enrolled vehicles processed 

3 per month; 

4 (C) total pre-enrolled vehicles processed 

5 per day; 

6 (D) total nonenrolled vehicles processed 

7 per month; 

8 (E) total nonenrolled vehicles processed 

9 per day; 

10 (F) completed compliance checks per11 formed per month; 

12 (G) duration of inspections; 

13 (H) number of passengers per vehicle; 

14 (I) basis for apprehension of violator; 

15 (J) types of violation; and 

16 (K) enforcement actions. 

17 CHAPTER 2—ENHANCING BORDER 

18 MONITORING TECHNOLOGY 

19 SEC. 35. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG 

20 THE U.S.-MEXICO BORDER. 

21 (a) PLAN.—Not later than September 30, 2005, the 

22 Secretary of Homeland Security shall develop a com23 prehensive plan to fully deploy technological surveillance 

24 systems along the U.S.-Mexico border. Surveillance sys25 tems included in the deployment plan must—
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1 (1) ensure continuous monitoring of every mile 

2 of the U.S.-Mexico border; 

3 (2) to the extent practicable, be fully interoper4 able with existing surveillance systems, such as the 

5 Integrated Surveillance Intelligence Systems already 

6 in use by the Department of Homeland Security. 

7 Additionally, the deployment plan should include, but not 

8 be limited to, the following elements: 

9 (3) A description of the specific technology to 

10 be deployed. 

11 (4) An assessment of the success of existing 

12 technologies to determine if one technology is better 

13 than another, or whether there is a way to combine 

14 the capabilities of various detection devices into a 

15 single device. 

16 (5) A description of the technological features 

17 of surveillance systems allowing for compatibility, if 

18 practicable, with existing surveillance technologies. 

19 (6) A description of how the U.S. Border Patrol 

20 is working, or will work, with the Directorate of 

21 Science and Technology to analyze high altitude 

22 monitoring technologies (such as unmanned aerial 

23 vehicles and tethered aerostat radar systems) for use 

24 with land-based monitoring technologies. 
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1 (7) A description of how radiation portal mon2 itors will be deployed to ports of entry along the 

3 U.S.-Mexico border, and other border locations, con4 sistent with section 39. 

5 (8) A description of how K–9 detection units 

6 will be increased along the U.S.-Mexico border, con7 sistent with section 37. 

8 (9) A description of how surveillance technology 

9 will provide for continuous monitoring of the border. 

10 (10) The identification of any obstacles that 

11 may impede full implementation of the deployment 

12 plan. 

13 (11) A detailed estimate of all costs associated 

14 with the implementation of the deployment plan. 

15 (b) DEPLOYMENT.—Not later than September 30, 

16 2006, the Secretary of Homeland Security shall fully im17 plement the plan described in subsection (a). 

18 (c) REPORT.—Not later than September 30, 2005, 

19 the Secretary of Homeland Security shall submit the plan 

20 described in subsection (a) to the appropriate congres21 sional committee (as defined in section 2 of the Homeland 

22 Security Act of 2002 (6 U.S.C. 101)). 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section 

25 $200,000,000 for each of fiscal years 2005 and 2006, and 
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1 such sums as may be necessary for each succeeding fiscal 

2 year. 

3 SEC. 36. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG 

4 THE U.S.–CANADIAN BORDER. 

5 Not later than September 30, 2005, the Secretary of 

6 Homeland Security shall develop a plan to install surveil7 lance systems along the U.S.-Canadian border and provide 

8 the appropriate congressional committees (as defined by 

9 section 2 of the Homeland Security Act of 2002 (6 U.S.C. 

10 101)) with a cost estimate and deployment schedule de11 signed to implement such plan. 

12 SEC. 37. LEVEL OF K–9 UNITS. 

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity shall increase the number of K–9 units working within 

15 U.S. Customs and Border Protection, including adding in16 frastructure, officers ,and support staff necessary for each 

17 unit, by 20 percent above levels in existence at the end 

18 of fiscal year 2004. 

19 (b) USE OF NEW UNITS.—The K–9 units added 

20 under subsection (a) shall be distributed proportionately 

21 to both the U.S.-Mexico border and the U.S.-Canadian 

22 border, and be used only for bomb, passenger, and cur23 rency detection purposes. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 CHAPTER 3—ENSURING SUFFICIENT 

5 WELL-TRAINED PERSONNEL AT OUR 

6 BORDERS 

7 SEC. 41. DOUBLE THE NUMBER OF CBP PERSONNEL. 

8 (a) TEMPORARY INCREASE IN PERSONNEL.—Pend9 ing congressional consideration of the study described in 

10 section 42, there are authorized to be appropriated to the 

11 Secretary of Homeland Security such sums as may be nec12 essary—

13 (1) to double, as compared to the number of 

14 such positions which existed at the end of fiscal year 

15 2004, the number of positions for U.S. Customs and 

16 Border Protection personnel (including support per17 sonnel) at and between our nation’s ports of entry; 

18 (2) to establish, not later than September 30, 

19 2005, at least one Border Patrol unit for the Virgin 

20 Islands of the United States; and 

21 (3) to establish facilities in which the additional 

22 personnel described in paragraph (1) may work. 

23 (b) WAIVER OF LIMITATION.—The Secretary of 

24 Homeland Security is authorized to waive any limitation 

25 on the number of full-time equivalent personnel assigned 
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1 to the Department of Homeland Security to fulfill the re2 quirements of subsection (a). 

3 SEC. 42. ASSESSING STAFFING NEEDS AT OUR BORDERS. 

4 The Secretary of Homeland Security shall contract 

5 with an independent entity to undertake a study to deter6 mine the necessary level and allocation of personnel, in7 cluding support staff, at United States ports of entry and 

8 border patrol sectors. The study shall take into account, 

9 at a minimum, the overall mission of U.S. Customs and 

10 Border Protection, threat and vulnerability information 

11 pertaining to the nation’s borders and ports of entry, the 

12 impact of new border security programs, policies and tech13 nologies, and an analysis of traffic volumes and wait times 

14 at ports of entry. The study is to be provided to the appro15 priate congressional committees, as defined in section 2 

16 of the Homeland Security Act of 2002 (6 U.S.C. 101), 

17 not later than 1 year after the date of the enactment of 

18 this Act. 

19 SEC. 43. ADDITIONAL AND CONTINUOUS TRAINING FOR IN20 SPECTORS. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity shall provide appropriate training for inspectors, and 

23 associated support staff on an ongoing basis to utilize new 

24 technologies and to ensure that the proficiency levels of 
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1 such personnel are acceptable to protect the borders of the 

2 United States. 

3 (b) LANGUAGE TRAINING.—The Secretary of Home4 land Security ensure that inspectors assigned to the south5 ern border are proficient in Spanish language, and shall 

6 provide training to inspectors in Spanish and other lan7 guages determined to be necessary in carrying out anti8 terrorism and law enforcement functions. The Secretary 

9 of Homeland Security shall provide, where necessary, ap10 propriate language training to inspectors and border pa11 trol agents on the northern border. 

12 (c) RETENTION AND DEVELOPMENT OF EXPERTS.—

13 Not later than 6 months after the date of the enactment 

14 of this Act, the Secretary of Homeland Security shall 

15 make recommendations to the appropriate congressional 

16 committees (as defined in section 2 of the Homeland Secu17 rity Act of 2002 (6 U.S.C. 101)) on how the current De18 partment of Homeland Security personnel system should 

19 be modified to allow for the retention and development of 

20 immigration and customs experts, to include the creation 

21 of new positions. 

22 SEC. 44. REQUIRING REPORT ON THE ‘‘ONE FACE AT THE 

23 BORDER INITIATIVE’’. 

24 (a) IN GENERAL.—Not later than September 30 of 

25 each of the calendar years 2005 and 2006, the Commis-
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1 sioner of Customs shall prepare and submit to Congress 

2 a report—

3 (1) describing and analyzing the goals, success, 

4 and shortfalls of the One Face at the Border Initia5 tive at enhancing security and facilitating travel; 

6 (2) providing a breakdown of the number of 

7 personnel of U.S. Customs and Border Protection 

8 that were personnel of the United States Customs 

9 Service prior to the establishment of the Department 

10 of Homeland Security, that were personnel of the 

11 Immigration and Naturalization Service prior to the 

12 establishment of the Department of Homeland Secu13 rity, and that were hired after the establishment of 

14 the Department of Homeland Security; 

15 (3) describing the training time provided to 

16 each employee on an annual basis for the various 

17 training components of the One Face at the Border 

18 Initiative; 

19 (4) outlining the steps taken by U.S. Customs 

20 and Border Protection to ensure that expertise is re21 tained with respect to customs, immigration, and ag22 riculture inspection functions under the One Face at 

23 the Border Initiative; and 
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1 (5) reviewing whether the missions of customs, 

2 agriculture, and immigration are equally empha3 sized. 

4 (b) ASSESSMENT OF REPORT.—The Comptroller 

5 General of the United States shall the review the reports 

6 submitted under subsection (a) and shall provide an as7 sessment to the appropriate congressional committees (as 

8 defined in section 2 of the Homeland Security Act of 2002 

9 (6 U.S.C. 101)) regarding the effectiveness of the One 

10 Face at the Border Initiative. 

11 CHAPTER 4—ESTABLISHING A COM12 PREHENSIVE BORDER SECURITY 

13 STRATEGY 

14 SEC. 51. LAND BORDER SECURITY STRATEGY. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity, in consultation with the heads of all other Federal 

17 agencies with border-related functions or with facilities or 

18 lands on or along the border, shall submit to the appro19 priate congressional committees (as defined in section 2 

20 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 

21 unclassified and classified versions of a unified, com22 prehensive strategy to secure the land borders of the 

23 United States not later than 6 months after the date of 

24 the enactment of this Act. The submission should include 
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1 a description of the actions already taken to implement 

2 the strategy. 

3 (b) CONTENTS.—The report shall cover the following 

4 areas: 

5 (1) Personnel. 

6 (2) Infrastructure. 

7 (3) Technology. 

8 (4) Coordination of intelligence among agencies. 

9 (5) Legal responsibilities. 

10 (6) Criminal statutes. 

11 (7) Apprehension goals. 

12 (8) Prosecutorial guidelines. 

13 (9) Economic impact. 

14 (10) Flow of commerce. 

15 (c) CONSULTATION.—In creating the strategy de16 scribed in subsection (a), the Federal agencies described 

17 in such subsection shall consult private sector organiza18 tions and nongovernmental organizations with national se19 curity, privacy, agriculture, immigration, customs, trans20 portation, technology, legal, and business expertise. 

21 (d) IMPLEMENTATION.—The Secretary shall imple22 ment the strategy not later than 12 months after the date 

23 of the enactment of this Act. 
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1 (e) EVALUATION.—The Comptroller General of the 

2 United States shall track, monitor, and evaluate such 

3 strategy to secure our borders to determine its efficacy. 

4 (f) REPORT.—Not later than 15 months after the 

5 date of the enactment of this Act, and every year there6 after for the succeeding 5 years, the Comptroller General 

7 of the United States shall submit a report to the Congress 

8 on the results of the activities undertaken under sub9 section (a) during the previous year. Each such report 

10 shall include an analysis of the degree to which the border 

11 security strategy has been effective in securing our bor12 ders. Each such report shall include a collection and sys13 tematic analysis of data, including workload indicators, re14 lated to activities to improve and increase border security. 

15 SEC. 52. IMPROVED INFORMATION SHARING. 

16 The Secretary of Homeland Security shall, not later 

17 than October 1, 2005—

18 (1) integrate the IDENT and IAFIS databases; 

19 and 

20 (2) make interoperable databases used by in21 spectors in secondary inspections. 

22 SEC. 53. CREATION OF NORTHERN AND SOUTHERN BOR23 DER COORDINATORS. 

24 (a) IN GENERAL.—Title IV of the Homeland Secu25 rity Act of 2002 (6 U.S.C. 201 seq.) is amended—
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1 (1) in section 402, by redesignating paragraph 

2 (8) as paragraph (9) and by inserting after para3 graph (7) the following: 

4 ‘‘(8) Increasing the security of the United 

5 States at the ports of entry located along the north6 ern and southern borders, and improving the coordi7 nation among the agencies responsible for maintain8 ing that security.’’; and 

9 (2) in subtitle C, by adding at the end the fol10 lowing: 

11 ‘‘SEC. 431. BORDER COORDINATORS. 

12 ‘‘(a) IN GENERAL.—There shall be within the Direc13 torate of Border and Transportation Security the posi14 tions of Northern Border Coordinator and Southern Bor15 der Coordinator, who shall be appointed by the Secretary 

16 and who shall report directly to the Under Secretary for 

17 Border and Transportation Security. 

18 ‘‘(b) RESPONSIBILITIES.—The Northern Border Co19 ordinator and the Southern Border Coordinator shall un20 dertake the following responsibilities along the northern 

21 and southern borders, respectively—

22 ‘‘(1) serve as the primary official of the Depart23 ment responsible for coordinating all Federal secu24 rity activities along the border, especially at land 

25 border ports of entry; 
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1 ‘‘(2) provide enhanced communication and 

2 data-sharing between Federal, State, local, and trib3 al agencies on law enforcement, emergency response, 

4 or security-related responsibilities for areas on or ad5 jacent to the borders of the United States with Can6 ada or Mexico; 

7 ‘‘(3) work to improve the communications sys8 tems within the Department to facilitate the integra9 tion of communications of matters relating to border 

10 security; 

11 ‘‘(4) oversee the implementation of the perti12 nent bilateral agreement (the United States-Canada 

13 ‘Smart Border’ Declaration applicable to the north14 ern border and the United States-Mexico Partner15 ship Agreement applicable to the southern border) to 

16 improve border functions, ensure security, and pro17 mote trade and tourism; 

18 ‘‘(5) consistent with section 102, assess all land 

19 border ports of entry along the appropriate border 

20 and develop a list of infrastructure and technology 

21 improvement projects for submission to the Sec22 retary based on the ability of a project to fulfill im23 mediate security requirements and facilitate trade 

24 across the borders of the United States; and 
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1 ‘‘(6) serve as a liaison to the foreign agencies 

2 with responsibility for the appropriate border with 

3 the United States.’’. 

4 (b) CLERICAL AMENDMENT.—Section 1(b) of such 

5 Act is amended in the table of contents by inserting after 

6 the item relating to section 430 the following:

‘‘Sec. 431. Border coordinators.’’.

7 SEC. 54. SMART BORDER ACCORD IMPLEMENTATION. 

8 The President shall submit to the appropriate con9 gressional committees (as defined in section 2 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 101)) informa11 tion about the ongoing progress on implementation of the 

12 Smart Border Accords through quarterly updates on meet13 ings of the Smart Border Working Group. 

14 SEC. 55. SENSE OF CONGRESS ON THE PERIOD OF ADMIS15 SION FOR BORDER CROSSING CARD HOLD16 ERS. 

17 (a) SENSE OF CONGRESS.—It is the sense of the Con18 gress that citizens and nationals of Mexico should be treat19 ed with parity in relation to citizens and nationals of Can20 ada in establishing the periods of time they are lawfully 

21 permitted to remain in the United States. 

22 (b) MODIFICATION TO DOCUMENTARY REQUIRE23 MENTS.—Notwithstanding any other provision of law, 

24 once section 110 of the Illegal Immigration Reform and 

25 Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 
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1 note) is fully implemented, the period of admission for an 

2 alien entering the United States under a border crossing 

3 card shall be 6 months. 

4 CHAPTER 5—ENHANCING BORDER 

5 SECURITY PROGRAMS 

6 SEC. 61. CREATING A MORE EFFECTIVE ENTRY-EXIT SYS7 TEM. 

8 (a) CREATION OF A US–VISIT OUTREACH OF9 FICE.—

10 (1) IN GENERAL.—The Secretary of Homeland 

11 Security shall create an ‘‘Office of US–VISIT Out12 reach’’ that will inform on a regular basis local bor13 der officials, residents, and businesses about develop14 ments in the US–VISIT program. Specifically, this 

15 office shall provide information to local border offi16 cials, residents, and businesses, and seek guidance 

17 from such persons and entities about, the practical 

18 effects to border communities of the implementation 

19 of US–VISIT. 

20 (2) AUTHORIZATION OF APPROPRIATIONS.—

21 There are authorized to be appropriated such sums 

22 as may be necessary to carry out this subsection. 

23 (b) TASK FORCE ON INTEGRATED ENTRY AND EXIT

24 SYSTEM.—
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1 (1) SENSE OF CONGRESS.—It is the sense of 

2 the Congress that the work of the task force estab3 lished under section 3 of the Immigration and Natu4 ralization Service Data Management Improvement 

5 Act of 2000 (8 U.S.C. 1365a note) was prematurely 

6 terminated, robbing the Department of Homeland 

7 Security of the very expertise needed to properly set 

8 the requirements for, and validate the work of, con9 tractors on information technology programs, par10 ticularly the US–VISIT program. 

11 (2) TERMINATION.—Section 3(i) of the Immi12 gration and Naturalization Service Data Manage13 ment Improvement Act of 2000 (8 U.S.C. 1365a 

14 note) is amended to read as follows: 

15 ‘‘(i) TERMINATION.—The Task Force shall terminate 

16 on a date designated by the Secretary of Homeland Secu17 rity as the date on which the work of the Task Force has 

18 been completed, except that such designated date may not 

19 be earlier than December 21, 2008.’’. 

20 (c) ELECTRONIC ARRIVAL/DEPARTURE RECORDS.—

21 (1) Not later than December 31, 2005, the Sec22 retary of Homeland Security—

23 (A) shall ensure that the functions served 

24 by Department of Homeland Security paper 

25 Form Number I–94 (Arrival/Departure Record) 
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1 and Form Number I–94W (NIV Waiver Ar2 rival/Departure Record) are being carried out 

3 by electronic means; and 

4 (B) shall eliminate such forms. 

5 (2) IMPLEMENTATION PLAN.—Not later than 

6 December 31, 2004, the Secretary of Homeland Se7 curity shall submit to the appropriate congressional 

8 committees (as defined in section 2 of the Homeland 

9 Security Act of 2002 (6 U.S.C.101)) a plan describ10 ing the measures the Secretary is taking to carry 

11 out subsection (c) before the deadline described in 

12 such subsection. 

13 SEC. 62. TRANSPORTATION WORKER IDENTIFICATION 

14 CARD. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity shall submit a report to the Congress not later than 

17 December 31, 2004, regarding the development and dis18 tribution of a transportation worker identification card. 

19 (b) CONTENTS.— The report described in subsection 

20 (a) shall include information on—

21 (1) the plan for distribution of the card; 

22 (2) the eligibility of Canadian and Mexican 

23 truck drivers who are certified under the Free and 

24 Secure Trade (‘‘FAST’’) initiative; 
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1 (3) selected biometric feature and other security 

2 features of the card; and 

3 (4) the cost of, and deployment schedule for, 

4 card-reading equipment. 

5 SEC. 63. STANDARDS AND VERIFICATION PROCEDURES 

6 FOR THE SECURITY OF INTERMODAL CARGO 

7 CONTAINERS. 

8 (a) STANDARDS AND VERIFICATION PROCEDURES.—

9 Not later than 180 days after the date of the enactment 

10 of this Act, the Secretary of Homeland Security, acting 

11 through the Under Secretary for Border and Transpor12 tation Security, shall establish standards and verification 

13 procedures for the security of intermodal cargo containers 

14 moving within the intermodal transportation system, in15 cluding standards for sealing and procedures for seal 

16 verifications for cargo containers at loading. 

17 (b) REQUIREMENTS.—The standards and verification 

18 procedures established pursuant to subsection (a) shall be 

19 consistent with the cargo container security recommenda20 tions of the Interagency Container Working Group and 

21 the Smart and Secure Trade Lane program and shall meet 

22 the following additional requirements: 

23 (1) SEAL STANDARDS.—Intermodal cargo con24 tainers shall at a minimum be affixed with a secu25 rity seal equivalent to the level ‘‘D’’ high security 
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1 seal (as certified by the International Organization 

2 for Standardization (ISO); Certification No. 17712) 

3 at loading. 

4 (2) SEAL VERIFICATION.—Procedures shall be 

5 established for the verification of security seals de6 scribed in paragraph (1), including procedures to de7 termine which individuals and entities in the inter8 modal transportation system are responsible for seal9 ing intermodal cargo containers, recording of seal 

10 numbers, changes to such numbers if a container is 

11 opened, and anomalies to security seals. 

12 SEC. 64. SENSE OF CONGRESS ON THE NEED FOR ADDI13 TIONAL STAFF FOR THE UNITED STATES 

14 CONSULATE-GENERAL IN MEXICO. 

15 It is the sense of the Congress that—

16 (1) the United States Mission to Mexico plays 

17 an important part in ensuring the security of our 

18 southern border; 

19 (2) this mission must have sufficient staff in 

20 order to adequately fulfill their consular responsibil21 ities, an important part of a comprehensive strategy 

22 to secure our border; 

23 (3) the level of staffing has not kept pace with 

24 rising consular workloads; and 
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1 (4) therefore, appropriations should be author2 ized for a 25 percent staff increase for the United 

3 States mission to Mexico. 

4 CHAPTER 6—SECURING OUR TRIBAL AND 

5 FEDERAL LANDS AND TERRITORIES 

6 SEC. 65. OFFICE OF TRIBAL SECURITY. 

7 (a) ESTABLISHMENT.—There is established within 

8 the Department of Homeland Security the Office of Tribal 

9 Security. 

10 (b) DIRECTOR.—The Office of Tribal Security shall 

11 be administered by a Director, who shall be appointed by 

12 the President by and with the advice and consent of the 

13 Senate. The Director shall report directly to the Secretary 

14 of Homeland Security. 

15 (c) DUTIES.—The Director shall be responsible for 

16 coordinating relations between the Federal Government 

17 and federally recognized Indian tribes on issues relating 

18 to homeland security, which shall include the following du19 ties: 

20 (1) Providing a point of contact within Depart21 ment of Homeland Security which shall be respon22 sible for—

23 (A) meeting the broad and complex Fed24 eral responsibilities owed to federally recognized 
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1 Indian tribes by the Department of Homeland 

2 Security; and 

3 (B) soliciting and, where appropriate, ad4 dressing the homeland security concerns of fed5 erally recognized Indian tribes and other parties 

6 interested in Indian affairs. 

7 (2) Communicating relevant policies of the De8 partment of Homeland Security to federally recog9 nized Indian tribes and the public. 

10 (3) Promoting internal uniformity of Depart11 ment of Homeland Security policies relating to In12 dian country (as defined in section 1151 of title 18, 

13 United States Code). 

14 (4) Coordinating with the Directorate of Border 

15 and Transportation Security and tribal governments 

16 to develop a comprehensive border security policy 

17 that addresses law enforcement, personnel, and 

18 funding issues in Indian country (as defined in sec19 tion 1151 of title 18, United States Code) on the 

20 United States borders with Canada and with Mexico. 

21 (5) Coordinating with the Directorate for Infor22 mation Analysis and Infrastructure Protection and 

23 tribal governments to develop appropriate policies 

24 for infrastructure protection on Indian lands, as well 
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1 as information sharing mechanisms with tribal gov2 ernments. 

3 (6) Coordinating with the Directorate of Emer4 gency Preparedness and Response and the Office of 

5 State and Local Government Coordination and Pre6 paredness to help ensure that tribal governments are 

7 fully informed of, have access to, and may apply for 

8 all Department of Homeland Security grant oppor9 tunities for emergency response providers, and to de10 velop and achieve preparedness goals for tribal gov11 ernments that are consistent with national goals for 

12 terrorism preparedness, as determined by the De13 partment. 

14 (7) Coordinating with the Director of Science 

15 and Technology to identify opportunities to conduct 

16 research and development of homeland security tech17 nologies or scientific understanding for tribal univer18 sities or private sector entities. 

19 (8) Coordinating with the Office of Citizenship 

20 and Immigration Services and other relevant offices 

21 within the Department of Homeland Security with 

22 immigration service and enforcement related func23 tions to develop policies on issues related to citizen24 ship and the movement of members of federally rec25 ognized Indian tribes across the United States bor-
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1 der, taking into consideration the unique character2 istics of certain federally recognized Indian tribes 

3 with jurisdiction over lands adjacent to the Canadian 

4 and Mexican borders. 

5 (9) Coordinating with other offices within the 

6 Department of Homeland Security to develop and 

7 implement sound policies regarding Indian country 

8 (as defined in section 1151 of title 18, United States 

9 Code) and tribal governments. 

10 SEC. 66. TRANSFER OF ‘‘SHADOW WOLVES’’ FROM CPB TO 

11 ICE. 

12 (a) TRANSFER OF EXISTING UNIT.—Not later than 

13 180 days after the date of the enactment of this Act, the 

14 Secretary of Homeland Security shall transfer to the Im15 migration and Customs Enforcement all functions (includ16 ing the personnel, assets, and obligations held by or avail17 able in connection with such functions) of the Customs 

18 Patrol Officers unit of U.S. Customs and Border Protec19 tion operating on the Tohono O’odham Indian reservation 

20 (commonly known as the ‘‘Shadow Wolves’’ unit). 

21 (b) ESTABLISHMENT OF NEW UNITS.—The Sec22 retary is authorized to establish within U.S. Immigration 

23 and Customs Enforcement additional units of Customs 

24 Patrol Officers in accordance with this section. 
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1 (c) DUTIES.—The Customs Patrol Officer unit trans2 ferred pursuant to subsection (a) and the additional units 

3 established pursuant to subsection (b) shall enforce the 

4 customs laws of the United States on Indian lands by pre5 venting the smuggling of narcotics, weapons of mass de6 struction, and other contraband. 

7 (d) BASIC PAY FOR JOURNEYMAN OFFICERS.—The 

8 rate of basic pay for a journeyman Customs Patrol Officer 

9 in a unit described in this section shall be not greater than 

10 the rate of basic pay for GS–13 of the General Schedule. 

11 SEC. 67. DHS AND DOI COORDINATION ON BORDER SECU12 RITY; PROVISION OF TEMPORARY AUTHOR13 ITY TO DHS TO TRANSFER FUNDS. 

14 (a) IN GENERAL.—Until the completion and imple15 mentation of the border security strategy described in sec16 tion 51 of this Act, the Secretary of Homeland Security 

17 is authorized to transfer appropriated funds to the Sec18 retary of Interior in accordance with the memorandum of 

19 understanding described in subsection (b) to support the 

20 security needs of the Department of the Interior, its bu21 reaus, and tribal entities, including, the protection of bor22 der lands, critical infrastructure, and key resources. 

23 (b) MEMORANDUM.—The Secretary of Homeland Se24 curity and the Secretary of Interior shall enter into a 
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1 memorandum of understanding regarding the funds de2 scribed in subsection (a). This memorandum shall—

3 (1) establish criteria for Department of Interior 

4 projects to receive such funding; 

5 (2) establish priorities among such projects; 

6 and 

7 (3) include a description of the scope of activi8 ties for such projects, including equipment, recurring 

9 maintenance, construction of facilities, recapitaliza10 tion of facilities, and operations. 

11 (c) REPORT.—The appropriate congressional com12 mittees (as defined in section 2 of the Homeland Security 

13 Act of 2002 (6 U.S.C. 101)) shall be notified 15 days prior 

14 to any transfer of funds. Not later than September 30, 

15 2005, the Secretary of Interior shall submit to the appro16 priate congressional committees (as so defined) a copy of 

17 the memorandum of understanding described in sub18 section (b). 

19 Subtitle B—Securing Identification 

20 Documents 

21 SEC. 71. STATE IDENTIFICATION DOCUMENT STANDARDS. 

22 (a) STANDARDS FOR ACCEPTANCE BY FEDERAL

23 AGENCIES.—

24 (1) IN GENERAL.—A Federal agency may not 

25 accept for any identification-related purpose a driv-
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1 er’s license or other comparable identification docu2 ment issued by a State or subdivision thereof, in3 cluding a birth certificate, unless the license or docu4 ment is in a form that is consistent with require5 ments set forth in regulations promulgated by the 

6 Secretary of Homeland Security after consultation 

7 with the Department of Transportation, the chief 

8 driver’s license officials of each State, and any other 

9 organization determined appropriate by the Sec10 retary that represents the States. The form shall 

11 contain security features designed to limit tam12 pering, counterfeiting, photocopying, or otherwise 

13 duplicating the license or document for fraudulent 

14 purposes and to limit use of the license or document 

15 by impostors. States or subdivisions thereof may use 

16 a biometric identifier in addition to these standards 

17 if they already do so, or choose to do so. 

18 (2) NO NATIONAL IDENTIFICATION CARD.—

19 Nothing in this section shall be construed to author20 ize, directly or indirectly, the establishment, 

21 issuance, or use of a national identification card. 

22 (3) DEADLINE.—The Secretary of Homeland 

23 Security shall promulgate the regulations referred to 

24 in paragraph (1) not later than 6 months after the 

25 date of the enactment of this Act. 
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1 (b) GRANTS TO STATE AND LOCAL GOVERN2 MENTS.—

3 (1) GRANTS TO STATES.—Beginning on the 

4 date final regulations are promulgated under sub5 section (b), the Secretary of Homeland Security 

6 shall make grants to States to assist them in issuing 

7 driver’s licenses and other comparable identification 

8 documents that satisfy the requirements under that 

9 subsection. 

10 (2) GRANTS TO LOCAL GOVERNMENTS.—Begin11 ning on the date final regulations are promulgated 

12 under subsection (b), the Secretary of Homeland Se13 curity shall make grants to local governments to as14 sist them in issuing birth certificates and other com15 parable identification documents that satisfy the re16 quirements under that subsection. 

17 (3) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out this subsection. 

20 (c) EFFECTIVE DATES AND APPLICATION.—

21 (1) IN GENERAL.—Except as otherwise pro22 vided in this subsection, this section shall take effect 

23 on the date of the enactment of this Act. 

24 (2) PROHIBITION ON FEDERAL AGENCIES.—

25 Subsection (b)(1)—
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1 (A) shall take effect beginning on October 

2 1, 2006; and 

3 (B) shall apply only to—

4 (i) a license or document issued to an 

5 individual for the first time; and 

6 (ii) a replacement or renewal license 

7 or document issued according to State or 

8 local law. 

9 SEC. 72. TRAINING IN FRAUD DETECTION AND PREVEN10 TION FOR OFFICERS IN DIVISIONS OF MOTOR 

11 VEHICLES. 

12 The Federal Law Enforcement Training Center shall 

13 create a program to train employees of U.S. Immigration 

14 and Customs Enforcement to provide, in the States, train15 ing in fraud detection and prevention to State and local 

16 law enforcement officers stationed, or intended to be sta17 tioned, in divisions of motor vehicles. 

18 Subtitle C—Securing the Interior; 

19 Tools for Border Security 

20 CHAPTER 1—INCREASE IN STAFF FOR ICE 

21 SEC. 81. PERSONNEL INCREASE. 

22 (a) AUTHORIZATION.—There are authorized to be ap23 propriated to the Secretary of Homeland Security such 

24 sums as may be necessary so as to increase by 225 the 

25 number of positions for full-time special agents of U.S. 
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1 Immigration and Customs Enforcement carrying out du2 ties related to border security above the number of such 

3 positions which existed at the end of fiscal year 2004. 

4 (b) SENSE OF CONGRESS.—It is the sense of the 

5 Congress that—

6 (1) since U.S. Immigration and Customs En7 forcement plays a key role in the fight against ter8 rorism and in securing the borders, the Secretary of 

9 Homeland Security should work expeditiously to en10 sure all special agents and national security analyt11 ical support staff receive a Top Secret security clear12 ance; and 

13 (2) maintenance of Top Secret security clear14 ance must be a requirement of continued employ15 ment as a special agent. 

16 SEC. 82. ICE STRATEGY AND STAFFING ASSESSMENT. 

17 (a) IN GENERAL.—Not later than December 31 of 

18 each year, the Secretary of Homeland Security shall sub19 mit to the Government Accountability Office and the ap20 propriate congressional committees (as defined by section 

21 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 

22 a written report describing its strategy for deploying 

23 human resources (including investigators and support per24 sonnel) to accomplish its border security mission. 
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1 (b) REVIEW.—Not later than 90 days after receiving 

2 any report under subsection (a), the Government Account3 ability Office shall submit to each appropriate congres4 sional committee (as defined by section 2 of the Homeland 

5 Security Act of 2002 (6 U.S.C. 101)) a written evaluation 

6 of such report, including recommendations pertaining to 

7 how U.S. Immigration and Customs Enforcement could 

8 better deploy human resources to achieve its border secu9 rity mission through legislative or administrative action. 

10 CHAPTER 2—INCREASE IN DETENTION 

11 SPACE 

12 SEC. 85. INCREASE IN DETENTION SPACE. 

13 (a) FUNDING INCREASE.—There are authorized to be 

14 appropriated to the Secretary of Homeland Security such 

15 sums as may be necessary to ensure an average daily bed 

16 occupancy rate of 22,500 for detention and removal oper17 ations of U.S. Immigration and Customs Enforcement. 

18 (b) PERSONNEL INCREASE.—There are authorized to 

19 be appropriated to the Secretary of Homeland Security 

20 such sums as may be necessary so as to increase by 541 

21 the number of positions for full-time employees of U.S. 

22 Immigration and Customs Enforcement carrying out du23 ties in detention and removal operations above the number 

24 of such positions which existed at the end of fiscal year 

25 2004. 
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1 (c) SENSE OF CONGRESS.—It is the sense of the Con2 gress that the Office of Detention and Removal Operation 

3 should be placed under the operational control of the Com4 missioner of U.S. Customs and Border Protection, since 

5 the largest client of such office is the Border Patrol. The 

6 Secretary of Homeland Security is directed to move the 

7 Office of Detention and Removal Operations from U.S. 

8 Immigration and Customs Enforcement to U.S. Customs 

9 and Border Protection. 

10 (d) REPORT ON HOMELAND SECURITY DETENTION

11 NEEDS.—The Secretary of Homeland Security shall sub12 mit to the appropriate congressional committees (as de13 fined in section 2 of the Homeland Security Act of 2002 

14 (6 U.S.C. 101)) a report on detention and removal oper15 ations, detailing the amount of additional detention space 

16 and resources required to detain all persons presenting a 

17 possible threat to homeland security. This report shall in18 clude information on alternatives to detention including 

19 electronic monitoring, telephone and voice recognition pro20 grams for those on bond, and conducting deportation pro21 ceedings prior to prisoners release from Federal, State, 

22 and local prisons. Additionally the report should provide 

23 information on countries to which removal is problematic. 
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1 SEC. 86. SENSE OF CONGRESS REGARDING PROCESSING OF 

2 CRIMINAL ALIENS WHILE INCARCERATED. 

3 It is the sense of the Congress that immigration cases 

4 involving incarcerated criminal aliens should be processed 

5 while the criminal alien is in prison. In order to maximize 

6 the use of existing detention space, the Department of 

7 Homeland Security should work with prisons in which 

8 criminal aliens are incarcerated to complete their removal 

9 or deportation proceeding before such aliens are released 

10 from prison and sent to Federal detention. 

11 SEC. 87. SENSE OF CONGRESS REGARDING INCREASE IN 

12 PROSECUTORS AND IMMIGRATION JUDGES. 

13 It is the sense of the Congress that—

14 (1) prosecutors and immigration judges are 

15 critical for the prompt and proper enforcement of 

16 our immigration laws, and are an important part of 

17 a comprehensive strategy; 

18 (2) an insufficient number of prosecutors and 

19 immigration judges currently exists to enforce the 

20 immigration laws of the United States; and 

21 (3) therefore, appropriations should be author22 ized for appropriate staff increases for judicial and 

23 prosecutorial offices, commensurate with other per24 sonnel increases directed in this Act. 
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1 CHAPTER 3—ENHANCING LAW 

2 ENFORCEMENT ACCESS TO INFORMANTS 

3 SEC. 91. NEW CLASS OF NONIMMIGRANT ALIENS. 

4 (a) IN GENERAL.—Section 101(a)(15)(S) of the Im5 migration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) 

6 is amended—

7 (1) in clause (i), by striking ‘‘or’’ at the end; 

8 (2) in clause (ii), by striking the comma at the 

9 end and inserting ‘‘; or’’; 

10 (3) by inserting after clause (ii) the following: 

11 ‘‘(iii) who the Secretary of Homeland Se12 curity, the Secretary of State, or the Attorney 

13 General determines—

14 ‘‘(I) is in possession of critical reliable 

15 information concerning a commercial alien 

16 smuggling organization or enterprise; 

17 ‘‘(II) is willing to supply or has sup18 plied such information to a Federal or 

19 State court; and 

20 ‘‘(III) whose presence in the United 

21 States the Secretary of Homeland Secu22 rity, the Secretary of State, or the Attor23 ney General determines is essential to the 

24 success of an authorized criminal investiga25 tion, the successful prosecution of an indi-
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•HR 5291 IH 

1 vidual involved in the commercial alien 

2 smuggling organization or enterprise, or 

3 the disruption of such organization or en4 terprise,’’; 

5 (4) by inserting ‘‘, or with respect to clause 

6 (iii), the Secretary of Homeland Security, the Sec7 retary of State, or the Attorney General’’ after 

8 ‘‘jointly’’; and 

9 (5) by striking ‘‘(i) or (ii)’’ and inserting ‘‘(i), 

10 (ii), or (iii)’’. 

11 (b) ADMISSION OF NONIMMIGRANTS.—Section 

12 214(k) of the Immigration and Nationality Act (8 U.S.C. 

13 1184(k)) is amended—

14 (1) by adding at the end of paragraph (1) the 

15 following: ‘‘The number of aliens who may be pro16 vided a visa as nonimmigrants under section 

17 101(a)(15)(S)(iii) in any fiscal year may not exceed 

18 400.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(5) If the Secretary of Homeland Security, the Sec21 retary of State, or the Attorney General determines that 

22 the identity of a nonimmigrant described in clause (iii) of 

23 section 101(a)(15)(S), or that of any family member of 

24 such a nonimmigrant who is provided nonimmigrant sta25 tus pursuant to such section, must be protected, such offi-
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•HR 5291 IH 

1 cial may take such lawful action as the official considers 

2 necessary to effect such protection.’’. 

3 SEC. 92. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO 

4 THAT OF PERSON ADMITTED FOR PERMA5 NENT RESIDENCE. 

6 Section 245(j) of the Immigration and Nationality 

7 Act (8 U.S.C. 1255(j)) is amended—

8 (1) in paragraph (3), by striking ‘‘(1) or (2),’’ 

9 and inserting ‘‘(1), (2), (3), or (4),’’; 

10 (2) by redesignating paragraph (3) as para11 graph (5); 

12 (3) by inserting after paragraph (2) the fol13 lowing: 

14 ‘‘(3) If, in the opinion of the Secretary of Homeland 

15 Security, the Secretary of State, or the Attorney Gen16 eral—

17 ‘‘(A) a nonimmigrant admitted into the United 

18 States under section 101(a)(15)(S)(iii) has supplied 

19 information described in subclause (I) of such sec20 tion; and 

21 ‘‘(B) the provision of such information has sub22 stantially contributed to the success of a commercial 

23 alien smuggling investigation, the disruption of a 

24 commercial alien smuggling operation, or the pros-
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•HR 5291 IH 

1 ecution of an individual described in subclause (III) 

2 of that section, 

3 the Secretary of Homeland Security may adjust the status 

4 of the alien (and the spouse, married and unmarried sons 

5 and daughters, and parents of the alien if admitted under 

6 that section) to that of an alien lawfully admitted for per7 manent residence if the alien is not described in section 

8 212(a)(3)(E). 

9 ‘‘(4) The Secretary of Homeland Security may adjust 

10 the status of a nonimmigrant admitted into the United 

11 States under section 101(a)(15)(S)(iii) (and the spouse, 

12 married and unmarried sons and daughters, and parents 

13 of the nonimmigrant if admitted under that section) to 

14 that of an alien lawfully admitted for permanent residence 

15 on the basis of a recommendation of the Secretary of State 

16 or the Attorney General.’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(6) If the Secretary of Homeland Security, the Sec19 retary of State, or the Attorney General determines that 

20 the identity of a person whose status is adjusted under 

21 this subsection must be protected, such official may take 

22 such lawful action as the official considers necessary to 

23 effect such protection.’’. 
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1 CHAPTER 4—INCREASED PENALTIES FOR 

2 SMUGGLING 

3 SEC. 95. COMBATING AGGRAVATED ALIEN SMUGGLING. 

4 (a) CRIMINAL PENALTIES.—Section 274(a) of the 

5 Immigration and Nationality Act (8 U.S.C. 1324(a)) is 

6 amended by adding at the end the following: 

7 ‘‘(4) In the case of a person who has brought aliens 

8 into the United States in violation of this subsection, the 

9 sentence otherwise provided for may be increased by up 

10 to 10 years if—

11 ‘‘(A) the offense was part of an ongoing com12 mercial organization or enterprise; 

13 ‘‘(B) aliens were transported in groups of 10 or 

14 more; 

15 ‘‘(C) aliens were transported in a manner that 

16 endangered their lives or the aliens presented a life17 threatening health risk to people in the United 

18 States; or 

19 ‘‘(D) aliens were transported for purposes of 

20 prostitution or involuntary servitude.’’. 

21 (b) REWARDS PROGRAM.—Section 274 of the Immi22 gration and Nationality Act (8 U.S.C. 1324) is amended 

23 by adding at the end the following: 

24 ‘‘(e) REWARDS PROGRAM.—
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1 ‘‘(1) PURPOSE.—The rewards program shall be 

2 designed to assist in the elimination of aggravated 

3 alien smuggling. 

4 ‘‘(2) DEFINITION.—For purposes of this sub5 section, the term ‘aggravated alien smuggling’ 

6 means a violation for which increased penalties are 

7 provided under subsection (a)(4). 

8 ‘‘(3) ADMINISTRATION.—The rewards program 

9 shall be administered by the Secretary of Homeland 

10 Security, in consultation, as appropriate, with the 

11 Attorney General and the Secretary of State. 

12 ‘‘(4) REWARDS AUTHORIZED.—In the sole dis13 cretion of the Secretary of Homeland Security, such 

14 Secretary, in consultation, as appropriate, with the 

15 Attorney General and the Secretary of State, may 

16 pay a reward to any individual who furnishes infor17 mation or testimony leading to—

18 ‘‘(A) the arrest or conviction of any indi19 vidual conspiring or attempting to commit an 

20 act of aggravated alien smuggling; 

21 ‘‘(B) the arrest or conviction of any indi22 vidual committing such an act; 

23 ‘‘(C) the arrest or conviction of any indi24 vidual aiding or abetting the commission of 

25 such an act; 
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•HR 5291 IH 

1 ‘‘(D) the prevention, frustration, or favor2 able resolution of such an act, including the dis3 mantling of an aggravated alien smuggling or4 ganization in whole or in significant part; or 

5 ‘‘(E) the identification or location of an in6 dividual who holds a key leadership position in 

7 an aggravated alien smuggling operation. 

8 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated such sums 

10 as may be necessary to carry out this subsection. 

11 Amounts appropriated under this paragraph shall 

12 remain available until expended. 

13 ‘‘(6) INELIGIBILITY.—An officer or employee of 

14 any Federal, State, local, or foreign government 

15 who, while in performance of his or her official du16 ties, furnishes information described in paragraph 

17 (4) shall not be eligible for a reward under this sub18 section for such furnishing. 

19 ‘‘(7) PROTECTION MEASURES.—If the Secretary 

20 of Homeland Security, the Secretary of State, or the 

21 Attorney General determines that the identity of an 

22 individual who furnishes information or testimony 

23 described in paragraph (4), or the identity of any 

24 spouse, parent, son, or daughter of such an indi25 vidual, must be protected, such official may take 
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•HR 5291 IH 

1 such lawful action as the official considers necessary 

2 to effect such protection. 

3 ‘‘(8) LIMITATIONS AND CERTIFICATION.—

4 ‘‘(A) MAXIMUM AMOUNT.—No reward 

5 under this subsection may exceed $100,000, ex6 cept as personally authorized by the Secretary 

7 of Homeland Security if such Secretary deter8 mines, in consultation, as appropriate, with the 

9 Attorney General and the Secretary of State, 

10 that the offer or payment of an award of a larg11 er amount is necessary to combat a aggravated 

12 alien smuggling operation. 

13 ‘‘(B) APPROVAL.—Any reward under this 

14 subsection exceeding $50,000 shall be person15 ally approved by the Secretary of Homeland Se16 curity. 

17 ‘‘(C) CERTIFICATION FOR PAYMENT.—Any 

18 reward granted under this subsection shall be 

19 certified for payment by the Secretary of Home20 land Security.’’. 

21 (c) OUTREACH PROGRAM.—Section 274 of the Immi22 gration and Nationality Act (8 U.S.C. 1324), as amended 

23 by subsection (b), is further amended by adding at the 

24 end the following: 
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1 ‘‘(f) OUTREACH PROGRAM.—The Secretary of Home2 land Security, in consultation, as appropriate, with the At3 torney General and the Secretary of State, shall develop 

4 and implement an outreach program to educate the public 

5 in the United States and abroad about—

6 ‘‘(1) the penalties for bringing in and harboring 

7 aliens in violation of this section; and 

8 ‘‘(2) the financial rewards and other incentives 

9 available under subsection (e) for assisting in the in10 vestigation, disruption, or prosecution of an aggra11 vated alien smuggling operation.’’. 

12 SEC. 96. INCREASED CRIMINAL SENTENCES AND FINES 

13 FOR ALIEN SMUGGLING. 

14 (a) IN GENERAL.—Subject to subsection (b), pursu15 ant to its authority under section 994(p) of title 28, 

16 United States Code, the United States Sentencing Com17 mission shall promulgate sentencing guidelines or amend 

18 existing sentencing guidelines for smuggling, transporting, 

19 harboring, or inducing aliens under sections 274(a)(1)(A) 

20 of the Immigration and Nationality Act (8 U.S.C. 

21 1324(a)(1)(A)) so as to—

22 (1) triple the minimum term of imprisonment 

23 under that section for offenses involving the smug24 gling, transporting, harboring, or inducing of—
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1 (A) 1 to 5 aliens from 10 months to 30 

2 months; 

3 (B) 6 to 24 aliens from 18 months to 54 

4 months; 

5 (C) 25 to 100 aliens from 27 months to 81 

6 months; and 

7 (D) 101 aliens or more from 37 months to 

8 111 months; 

9 (2) increase the minimum level of fines for each 

10 of the offenses described in subparagraphs (A) 

11 through (D) of paragraph (1) to the greater of 

12 $25,000 per alien or 3 times the amount the defend13 ant received or expected to receive as compensation 

14 for the illegal activity; 

15 (3) increase by at least 2 offense levels above 

16 the applicable enhancement in effect on the date of 

17 the enactment of this Act the sentencing enhance18 ments for intentionally or recklessly creating a sub19 stantial risk of serious bodily injury or causing bod20 ily injury, serious injury, or permanent or life 

21 threatening injury; 

22 (4) for actions causing death, increase the of23 fense level to be equivalent to that for involuntary 

24 manslaughter under section 1112 of title 18, United 

25 States Code; and 
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•HR 5291 IH 

1 (5) for corporations or other business entities 

2 that knowingly benefit from such offenses, increase 

3 the minimum level of fines for each of the offenses 

4 described in subparagraphs (A) through (D) of para5 graph (1) to $50,000 per alien employed directly, or 

6 indirectly through contract, by the corporation or 

7 entity. 

8 (b) EXCEPTION.—Subsection (a) shall not apply to 

9 an offense that involved the smuggling, transporting, or 

10 harboring only of the defendant’s spouse or child (or both 

11 the defendant’s spouse and child). 

12 (c) DEADLINE.—The United States Sentencing Com13 mission shall carry out subsection (a) not later than the 

14 date that is 6 months after the date of the enactment of 

15 this Act. 

16 SEC. 97. INCREASED PENALTY FOR SMUGGLING. 

17 (a) IN GENERAL.—The third undesignated para18 graph of section 545 of title 18, United States Code, is 

19 amended by striking ‘‘five years’’ and inserting ‘‘20 

20 years’’. 

21 (b) ENHANCED PENALTY FOR CAUSING DEATH.—

22 Pursuant to its authority under section 994 of title 28, 

23 United States Code, the United States Sentencing Com24 mission shall amend the Federal sentencing guidelines to 

25 provide sentencing enhancements for an offense under sec-
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•HR 5291 IH 

1 tion 545 of title 18, United States Code, as amended by 

2 subsection (a), that results in the death of a person. 

3 (c) CONSISTENCY WITH OTHER GUIDELINES.—In 

4 carrying out this section, the United States Sentencing 

5 Commission—

6 (1) shall ensure that there is reasonable consist7 ency with other Federal sentencing guidelines; and 

8 (2) shall avoid duplicative punishments for sub9 stantially the same offense. 

10 Subtitle D—Beyond Our Borders 

11 (International) 

12 CHAPTER 1—COORDINATING DHS 

13 MISSION OVERSEAS 

14 SEC. 101. OFFICE OF INTERNATIONAL AFFAIRS; EFFECTIVE 

15 AND EFFICIENT MANAGEMENT AND COORDI16 NATION OF INTERNATIONAL ASSIGNMENTS. 

17 Section 879(b) of the Homeland Security Act of 2002 

18 (6 U.S.C. 459(b)) is amended by adding at the end the 

19 following: 

20 ‘‘(5) To manage all overseas assignments of 

21 personnel of the Department, including by coordi22 nating with the Department of State with respect to 

23 such assignments and related support matters.’’. 
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1 SEC. 102. CREATION OF AN OFFICE OF OVERSEAS SERVICE. 

2 Section 879 of the Homeland Security Act of 2002 

3 (6 U.S.C. 459) is amended by adding at the end the fol4 lowing: 

5 ‘‘(c) OFFICE OF OVERSEAS SERVICE.—

6 ‘‘(1) IN GENERAL.—The Secretary shall create 

7 an Office of Overseas Service within the Office of 

8 International Affairs similar to the Foreign Agricul9 tural Service of the Department of Agriculture and 

10 the United States and Foreign Commercial Service 

11 of the Department of Commerce. The Director of 

12 the Office of International Affairs shall be respon13 sible for administering the Office of Overseas Serv14 ice. 

15 ‘‘(2) FUNCTIONS.—The Office of Overseas 

16 Service shall be responsible for the following func17 tions: 

18 ‘‘(A) Serving as the contact for the De19 partment of Homeland Security with the State 

20 Department to coordinate overseas assignments. 

21 ‘‘(B) Recruitment of personnel for overseas 

22 service. 

23 ‘‘(C) Retention of personnel for overseas 

24 service. 

25 ‘‘(D) Oversight of training of personnel for 

26 overseas service. 
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1 ‘‘(3) STUDY AND REPORT.—

2 ‘‘(A) STUDY.—Prior to creating the Office 

3 of Overseas Service, the Secretary shall direct 

4 the Director of the Office of International Af5 fairs to conduct a study on how best to create 

6 a foreign service component for the Department 

7 for the purpose of adequately recruiting and re8 taining personnel who are willing and able to 

9 serve in the Department in an overseas capac10 ity. 

11 ‘‘(B) REPORT.—Not later than January 1, 

12 2005, the Director of the Office of Inter13 national Affairs shall prepare and submit to the 

14 appropriate congressional committees (as de15 fined by section 2 of the Homeland Security 

16 Act of 2002 (6 U.S.C. 101)) a report that con17 tains the results of the study on creating an Of18 fice of Overseas Service conducted pursuant to 

19 subparagraph (A) and an implementation plan 

20 for carrying out such study’s recommenda21 tions.’’. 
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1 CHAPTER 2—IMPLEMENTING A MORE 

2 EFFECTIVE VISA SECURITY PROGRAM 

3 SEC. 105. IMPLEMENTING A MORE EFFECTIVE VISA SECU4 RITY PROGRAM. 

5 (a) IN GENERAL.—Not later than 120 days after the 

6 date of the enactment of this Act, the Secretary of Home7 land Security shall submit to the Congress a report—

8 (1) outlining how the Department of Homeland 

9 Security will implement the recommendations of the 

10 report issued in August 2004 by the Office of the 

11 Inspector General of the Department of Homeland 

12 Security entitled ‘‘An Evaluation of DHS Activities 

13 to Implement Section 428 of the Homeland Security 

14 Act of 2002’’; 

15 (2) detailing such department’s progress in im16 plementing each of the recommendations described 

17 in paragraph (1); and 

18 (3) examining the visa security program’s effec19 tiveness as a counter-terrorism program. 

20 (b) CONSULTATION.—In preparing the report de21 scribed in subsection (a), the Secretary of Homeland Secu22 rity shall consult with the Secretary of State. 

23 (c) CONTENTS.—The report shall also include the fol24 lowing: 
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1 (1) OVERSEAS PLACEMENT OF VISA SECURITY

2 OFFICERS.—The report shall assess the criteria used 

3 in deciding where to station or not to station visa se4 curity officers 

5 (2) QUALIFICATIONS OF VISA SECURITY OFFI6 CERS.—The report shall assess the skills required of 

7 a visa security officer, including required foreign 

8 language skills. 

9 (3) DUTIES.—The report shall contain both the 

10 model visa security officer position description and 

11 the current duties of the visa security officers sta12 tioned overseas. 

13 (4) PLACEMENT WITHIN DEPARTMENT.—The 

14 report shall contain a recommendation on the proper 

15 location of the program within Department of 

16 Homeland Security to maximize its value as a 

17 counter-terrorism program. 

18 CHAPTER 3—SECURING THE VISA WAIVER 

19 PROGRAM 

20 SEC. 106. VISA WAIVER PROGRAM PASSENGER SCREENING; 

21 BIOGRAPHICAL CHECKS. 

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity shall establish, as part of the integrated entry and 

24 exit data system required under section 110 of the Illegal 

25 Immigration Reform and Immigrant Responsibility Act of 
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1 1996 (8 U.S.C. 1365a), an electronic system through 

2 which an alien seeking to enter the United States without 

3 a visa under the visa waiver program described in section 

4 217 of the Immigration and Nationality Act (8 U.S.C. 

5 1187) is required to submit biographical information prior 

6 to embarkation. 

7 (b) ELEMENTS.—The electronic system required to 

8 be established under subsection (a) shall satisfy the fol9 lowing requirements: 

10 (1) ELECTRONIC DETERMINATION OF ELIGI11 BILITY.—The system shall include a method for an 

12 electronic determination to be made, and an elec13 tronic response to be provided, in 30 minutes or less, 

14 as to whether or not an alien submitting information 

15 as described in subsection (a) is eligible to be admit16 ted to the United States as a nonimmigrant visitor 

17 described in section 101(a)(15)(B) of the Immigra18 tion and Nationality Act (8 U.S.C. 1101(a)(15)(B)). 

19 (2) CARRIER OBLIGATIONS.—The system shall 

20 include a method for requiring—

21 (A) carriers and other corporations de22 scribed in section 217(a)(5) of such Act (8 

23 U.S.C. 1187(a)(5)) to inquire electronically, 

24 prior to an alien passenger’s embarkation with25 out a visa, whether the alien has been deter-
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1 mined, using the system described in this sec2 tion, to be eligible for such an admission; and 

3 (B) the electronic response to such inquiry 

4 to be provided in 90 seconds or less. 

5 (3) DEPLOYMENT.—The system shall be de6 ployed as soon as possible after the date of the en7 actment of this Act. 

8 (4) FEE.—The Secretary of Homeland Security 

9 shall establish a fee to be charged to aliens described 

10 in subsection (a) that is set at a level that will en11 sure the recovery of the full costs of establishing and 

12 operating the system. 

13 (c) CONSULTATION.—In developing the system, the 

14 Secretary of Homeland Security shall consult with, and 

15 allow for the system’s review by, a private sector group 

16 consisting of individuals with expertise in immigration, 

17 travel, tourism, privacy, national security, or computer se18 curity issues. 

19 SEC. 107. DEFINING SECURITY RESPONSIBILITIES OF THE 

20 VISA WAIVER PROGRAM OFFICE. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity shall create a Visa Waiver Program Office. 

23 (b) FUNCTIONS.— The functions of the head of the 

24 Visa Waiver Program Office shall include the following: 
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1 (1) Developing a plan to submit the annual re2 port required under section 110(e) of the Illegal Im3 migration Reform and Immigrant Responsibility Act 

4 of 1996 (8 U.S.C. 1221 note). 

5 (2) Developing protocols and a plan to conduct 

6 biennial country reviews. 

7 (3) Determining funding levels necessary to 

8 support the conduct of country reviews and to carry 

9 out the other responsibilities of the office. 

10 (4) Developing a process to comprehensively 

11 check all lost and stolen passport data provided 

12 countries designated as visa waiver program coun13 tries under section 217 of the Immigration and Na14 tionality Act (8 U.S.C. 1187) against entry and exit 

15 data in information systems of the United States. 

16 (5) Developing procedures to collect and ana17 lyze data concerning the fraudulent use of visa waiv18 er program passports. 

19 (6) Including in the country review protocols 

20 provisions to review document manufacturing and 

21 issuing security practices. 

22 (7) Coordinating with the Department of State 

23 to establish standard operating procedure for sys24 temic and proactive collection of lost and stolen 

25 passport information. 
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1 (8) Requiring that inventory control numbers 

2 and passport numbers be queried in lookout systems. 

3 (9) Reviewing policies that allow the return of 

4 fraudulent travel documents to those who presented 

5 them when they are sent back to their countries of 

6 origin. 

7 SEC. 108. ADDITIONAL AND CONTINUOUS TRAINING FOR 

8 INSPECTORS IN FRAUD AND IMPOSTER DE9 TECTION. 

10 (a) FRAUD DETECTION.—The Secretary of Home11 land Security shall provide inspectors conducting inspec12 tions of aliens entering the United States pursuant to the 

13 visa waiver program described in section 217 of the Immi14 gration and Nationality Act (8 U.S.C. 1187) with en15 hanced and continuous training in detecting imposters and 

16 in passport and document fraud detection. Additional 

17 training should be provided when any program country 

18 designated under such section makes changes in its pass19 ports. The Secretary shall report to the appropriate con20 gressional committees (as defined in section 2 of the 

21 Homeland Security Act of 2002 (6 U.S.C. 101)) on the 

22 amount and the type of training received such inspectors 

23 on detecting and handling fraudulent documents. 

24 (b) FOREIGN LANGUAGES.—The Secretary of Home25 land Security shall provide inspectors described in sub-
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1 section (a) with foreign language training in languages de2 termined to be necessary to carrying out the anti-ter3 rorism and law enforcement functions of such inspectors. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such funds as may be 

6 necessary to develop the capability to scan fraudulent doc7 uments and to transmit a high quality color image to the 

8 forensic document laboratory. The Secretary of Homeland 

9 Security shall ensure that staff is available in the Forensic 

10 Document Laboratory on a 24-hour basis to assist in de11 termining the validity of the scanned document. 

12 SEC. 109. AUTHORIZATION OF FUNDS. 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out the functions described 

15 in this subchapter. 

16 Subtitle E—Securing the 

17 Immigration Benefits Process 

18 SEC. 111. IMMIGRATION OMBUDSMAN. 

19 (a) EXTENSION OF AUTHORITY TO ALL IMMIGRA20 TION FUNCTIONS.—Section 452 of the Homeland Security 

21 Act of 2002 (6 U.S.C. 272) is amended—

22 (1) in subsection (a), by striking ‘‘Citizenship 

23 and Immigration Services’’ and inserting ‘‘Immigra24 tion’’; 

25 (2) in subsection (b)—
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•HR 5291 IH 

1 (A) in paragraph (1), by striking ‘‘the Bu2 reau of Citizenship and Immigration Services’’ 

3 and inserting ‘‘U.S. Citizenship and Immigra4 tion Services, U.S. Immigration and Customs 

5 Enforcement, or U.S. Customs and Border Pro6 tection’’; and 

7 (B) in each of paragraphs (2) and (3), by 

8 striking ‘‘the Bureau of Citizenship and Immi9 gration Services’’ each place such term appears 

10 and inserting ‘‘such entities’’; 

11 (3) in subsection (c)—

12 (A) in paragraph (1), by striking ‘‘the Bu13 reau of Citizenship and Immigration Services’’ 

14 each place such term appears and inserting 

15 ‘‘the entities described in subsection (b)’’; and 

16 (B) in paragraph (2), by striking ‘‘Director 

17 of the Bureau of Citizenship and Immigration 

18 Services,’’ and inserting ‘‘Director of U.S. Citi19 zenship and Immigration Services, Assistant 

20 Secretary for U.S. Immigration and Customs 

21 Enforcement, U.S. Customs and Border Protec22 tion Commissioner’’; 

23 (4) in subsection (d)—

24 (A) in paragraph (2), by striking ‘‘the Bu25 reau of Citizenship and Immigration Services’’ 
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1 and inserting ‘‘the entities described in sub2 section (b)’’; and 

3 (B) in paragraph (4), by striking ‘‘Director 

4 of the Bureau of Citizenship and Immigration 

5 Services,’’ and inserting ‘‘Director of U.S. Citi6 zenship and Immigration Services, Assistant 

7 Secretary for U.S. Immigration and Customs 

8 Enforcement, and U.S. Customs and Border 

9 Protection Commissioner’’; 

10 (5) in subsection (e)(2), by striking ‘‘the Bu11 reau of Citizenship and Immigration Services’’ and 

12 inserting ‘‘the entities described in subsection (b)’’; 

13 (6) in subsection (f)—

14 (A) by amending the subsection heading to 

15 read as follows: ‘‘RESPONSIBILITIES.—’’; 

16 (B) by striking ‘‘Director of the Bureau of 

17 Citizenship and Immigration Services,’’ and in18 serting ‘‘Director of U.S. Citizenship and Immi19 gration Services, Assistant Secretary for U.S. 

20 Immigration and Customs Enforcement, and 

21 the U.S. Customs and Border Protection Com22 missioner’’; and 

23 (C) by striking ‘‘director’’ each place such 

24 term appears and inserting ‘‘person’’; and 
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1 (7) in subsection (g), by striking ‘‘the Bureau 

2 of Citizenship and Immigration Services’’ each place 

3 such term appears and inserting ‘‘the entities de4 scribed in subsection (b)’’. 

5 (b) PUBLIC INFORMATION CAMPAIGN; PRIVATE SEC6 TOR INPUT.—

7 (1) IN GENERAL.—Section 452(d) of the Home8 land Security Act of 2002 (6 U.S.C. 272(d)) is 

9 amended—

10 (A) in paragraph (3), by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (4), by striking the pe13 riod at the end and inserting a semicolon; and 

14 (C) by adding at the end the following: 

15 ‘‘(5) shall launch a public information cam16 paign; and 

17 ‘‘(6) shall establish a group, which shall consist 

18 of private individuals, and Federal, State, and local 

19 government officials, with expertise in migration, 

20 travel, trade, or national security issues, to provide 

21 the Ombudsman with private sector input.’’. 

22 (2) AUTHORIZATION OF APPROPRIATIONS.—

23 There are authorized to be appropriated for such 

24 sums as may be necessary to carry out the amend25 ments made by paragraph (1). 
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1 (c) ADDITIONAL REPORTING REQUIREMENTS.—Sec2 tion 452(c) of the Homeland Security Act of 2002 (6 

3 U.S.C. 272(c)) is amended—

4 (1) in subparagraph (F), by striking ‘‘and’’ at 

5 the end; 

6 (2) by redesignating subparagraph (G) as sub7 paragraph (I); and 

8 (3) by inserting after subparagraph (F) the fol9 lowing: 

10 ‘‘(G) shall state the percentage of com11 plaints that can be traced to delays in benefits 

12 processing; and 

13 ‘‘(H) shall describe the extent to which 

14 delays in benefits processing are attributable to 

15 entities outside of the Department, particularly 

16 government agencies conducting background 

17 checks.’’. 

18 SEC. 112. CIS WORKFLOW, TECHNOLOGY, AND STAFFING 

19 ASSESSMENT. 

20 (a) IN GENERAL.—The Comptroller General of the 

21 United States shall conduct a comprehensive assessment 

22 of U.S. Citizenship and Immigration Services within the 

23 Department of Homeland Security. Such assessment shall 

24 include study of personnel, administrative and technical 

25 support positions, technology, training, and facilities. 
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1 (b) WORKFLOW.—As part of the study, the Comp2 troller General shall examine all elements of such unit’s 

3 workflow, in order to determine the most efficient way to 

4 handle its work without compromising security. Any obsta5 cles associated with security matters should be identified 

6 and recommendations should be made on ways to mini7 mize such obstacles without compromising security. The 

8 Comptroller General should assess the division of work, 

9 adequacy of infrastructure (particularly information tech10 nology), as well as personnel needs. 

11 (c) INTERACTIONS WITH OTHER ORGANIZATIONS.—

12 As part of the study, the Comptroller General shall exam13 ine the unit’s interactions with other government organi14 zations. Specifically, the Comptroller General shall deter15 mine whether existing memoranda of understanding and 

16 divisions of responsibility, especially any which pre-date 

17 the establishment of the Department of Homeland Secu18 rity, need to be revised in order to improve the bureau’s 

19 service delivery. 

20 (d) BACKLOG COST.—As part of the study, the 

21 Comptroller General shall assess the current cost of main22 taining the backlog (as defined in section 203 of the Immi23 gration Services and Infrastructure Improvements Act of 

24 2000 (8 U.S.C. 1572)). 
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1 (e) INTERVIEWS.—The Comptroller General may 

2 interview any front-line personnel, without supervisors 

3 present, to determine priorities and needs. 

4 (f) INFORMATION TECHNOLOGY.—Aspects of this 

5 study related to information technology should be coordi6 nated with the Chief Information Officer for the Depart7 ment of Homeland Security and should build on the find8 ings of the task force established by section 3 of the Immi9 gration and Naturalization Service Data Management Im10 provement Act of 2000 (Public Law 106–215). 

11 (g) SUBMISSION.—The study should be completed 

12 not later than January 1, 2005, and shall be submitted 

13 to the Secretary of Homeland Security, the Secretary of 

14 State, and the appropriate congressional committees (as 

15 defined in section 2 of the Homeland Security Act of 2002 

16 (6 U.S.C. 101)). It shall include recommendations for re17 source allocation. 

18 SEC. 113. STUDY ON BIOMETRICS. 

19 (a) IN GENERAL.—The Secretary of Homeland Secu20 rity, in consultation with the Director of the National In21 stitute of Standards and Technology, shall conduct a 

22 study of all biometric identifiers that might be collected 

23 for purposes of processing and adjudicating applications 

24 and petitions for immigration benefits, and shall deter25 mine which among these identifiers would be most appro-
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1 priate for the purposes described in subsection (b). The 

2 Secretary shall provide the resources necessary properly 

3 to conduct the study. 

4 (b) USES.—In carrying out subsection (a), the Sec5 retary shall consider the use of a biometric identifier—

6 (1) to register or catalogue a petition or appli7 cation for an immigration benefit upon submission 

8 to the appropriate Federal agency; 

9 (2) to check the petitioner or applicant against 

10 watch lists; 

11 (3) as part of the integrated entry and exit data 

12 system required under section 110 of the Illegal Im13 migration Reform and Immigrant Responsibility Act 

14 of 1996 (8 U.S.C. 1365a); and 

15 (4) to conduct background checks with Federal 

16 intelligence agencies. 

17 (c) FACTORS.—The Secretary shall consider the fol18 lowing factors in making the determination under sub19 section (a): 

20 (1) Accuracy 

21 (2) The technology available. 

22 (3) Economic considerations. 

23 (4) Storage. 

24 (5) Efficiency. 
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1 (d) SUBMISSION.—The study should be completed 

2 within one year of enactment, and shall be submitted to 

3 the Secretary of State and the appropriate congressional 

4 committees (as defined in section 2 of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 101)). 

6 SEC. 114. DIGITIZING IMMIGRATION FUNCTIONS. 

7 (a) DIGITIZED FINGERPRINTS.—Not later than Jan8 uary 1, 2005, all fingerprints taken for purposes of adjudi9 cating an application or petition for an immigration ben10 efit shall be digitized. 

11 (b) REGISTERING APPLICATIONS BY BIOMETRIC.—

12 Not later than January 1, 2005, all applications and peti13 tions for an immigration benefit shall be registered or 

14 catalogued by the receiving agency using a biometric iden15 tifier. Initially, such biometric identifier shall be a finger16 print. Subsequently, the Secretary of Homeland Security 

17 may select one or more alternative biometric identifiers to 

18 be used for such purposes, taking into account factors 

19 such as efficiency, accuracy, the technology available, eco20 nomic considerations, and storage requirements. 

21 SEC. 115. STUDY ON DIGITIZING IMMIGRATION BENEFIT 

22 APPLICATIONS. 

23 (a) IN GENERAL.—The Comptroller General of the 

24 United States shall conduct a comprehensive study on 

25 digitizing all applications and petitions for an immigration 
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1 benefit, including digital storage, cataloguing, and the 

2 ability to apply for all types of immigration benefits 

3 through digital means. The study should consider costs for 

4 both the Federal Government and the applicant or peti5 tioner, as well as the feasibility for all types of persons 

6 to apply by digital means. 

7 (b) SUBMISSION.—The study should be completed 

8 not later than January 1, 2005, and shall be submitted 

9 to the Secretary of Homeland Security, the Secretary of 

10 State, and the appropriate congressional committees (as 

11 defined in section 2 of the Homeland Security Act of 2002 

12 (6 U.S.C. 101)). 

13 TITLE V—STRENGTHENING RAIL 

14 SECURITY 

15 SEC. 121. PUBLIC TRANSPORTATION SYSTEM GRANTS AND 

16 TRAINING. 

17 (a) HOMELAND SECURITY PUBLIC TRANSPORTATION

18 GRANTS.—

19 (1) AUTHORIZATION.—The Secretary of Home20 land Security is authorized to make grants for the 

21 purpose of improving the security of public transpor22 tation systems against acts of terrorism. The grant 

23 program shall be administered by the Under Sec24 retary for Border and Transportation Security—
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1 (A) in consultation with the Director of the 

2 Office of Domestic Preparedness, to ensure that 

3 the program is consistent with other Depart4 ment of Homeland Security grant programs; 

5 (B) with the Assistant Secretary for Infra6 structure Protection to ensure that grant 

7 awards are consistent with critical infrastruc8 ture risk assessments and protective priorities 

9 as they relate to public transportation; and 

10 (C) with the Under Secretary for Science 

11 and Technology to ensure that technology as12 pects of grant proposals are feasible and gen13 erally consistent with existing technologies and 

14 standards. 

15 (2) CONSIDERATIONS.—Among the consider16 ations on which grants shall be awarded are the fol17 lowing: 

18 (A) Risk of terrorism, including threat as19 sessment, vulnerabilities of public transpor20 tation systems, potential effects of acts of ter21 rorism against public transportation systems, 

22 and past acts of terrorism against modes of 

23 transportation. 
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1 (B) Merits of the proposed projects to in2 crease national security, based on a consider3 ation of—

4 (i) threats; 

5 (ii) vulnerabilities; 

6 (iii) consequences, including human 

7 casualties and economic impacts; 

8 (iv) consequence management; 

9 (v) the likelihood that such projects 

10 would have been pursued in the normal 

11 course of business and in the absence of 

12 national security considerations; and 

13 (vi) feasibility, based on the technical 

14 and operational merits of the projects. 

15 (3) ALLOWABLE USE OF FUNDS.—Grants made 

16 under this subsection shall be used for the purposes 

17 of—

18 (A) support for increased capital invest19 ments in cameras, close-circuit television, and 

20 other surveillance systems; 

21 (B) increased capital investment in com22 mand, control, and communications systems, in23 cluding investments for redundancy and inter24 operability and for improved situational aware-
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1 ness, such as emergency call boxes and vehicle 

2 locator systems; 

3 (C) increased training, including for car4 rying out exercises under subsection (b), and 

5 technical support for public transportation em6 ployees, especially for security awareness, pre7 vention, emergency response, including evacu8 ation, and decontamination; 

9 (D) expanded deployment of equipment 

10 and other measures, including canine detection 

11 teams, for the detection of explosives and chem12 ical, biological, radiological, and nuclear agents; 

13 (E) capital improvements and operating 

14 activities, including personnel expenditures, to 

15 increase the physical security of stations, vehi16 cles, bridges, and tunnels; 

17 (F) capital improvements and operating 

18 activities to improve passenger survivability in 

19 the event of an attack, including improvements 

20 in ventilation, drainage, fire safety technology, 

21 emergency communications systems, lighting 

22 systems, passenger egress, and accessibility by 

23 emergency response personnel; 
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1 (G) acquisition of emergency response and 

2 support equipment, including fire suppression 

3 and decontamination equipment; and 

4 (H) expansion of employee education and 

5 public awareness campaigns regarding security 

6 on public transportation systems. 

7 (4) ELIGIBLE RECIPIENTS.—Grants shall be 

8 made available under this subsection directly to own9 ers, operators, and providers of public transportation 

10 systems. Owners, operators, and providers of infra11 structure over which public transportation operates, 

12 but which is not primarily used for public transpor13 tation, may also be eligible for grants at the discre14 tion of the Secretary. 

15 (5) ACCOUNTABILITY.—The Secretary shall 

16 adopt necessary procedures, including audits, to en17 sure that grants made under this subsection are ex18 pended in accordance with the purposes of this sec19 tion and the priorities and other criteria developed 

20 by the Secretary. If the Secretary determines that a 

21 recipient has used any portion of the grant funds re22 ceived under this subsection for a purpose other 

23 than the allowable uses specified for that grant 

24 under this subsection, the grantee shall return any 
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1 amount so used to the Treasury of the United 

2 States. 

3 (6) PROCEDURES FOR GRANT AWARD.—The 

4 Secretary shall prescribe procedures and schedules 

5 for the awarding of grants under this subsection, in6 cluding application and qualification procedures, and 

7 a record of decision on applicant eligibility. The Sec8 retary shall issue a final rule establishing the proce9 dures not later than 90 days after the date of enact10 ment of this Act. 

11 (7) COST SHARE.—Grants made under this 

12 subsection shall account for no more than—

13 (A) 85 percent for fiscal year 2005; 

14 (B) 80 percent for fiscal year 2006; and 

15 (C) 75 percent for fiscal year 2007, 

16 of the expense of the purposes for which the grants 

17 are used. 

18 (8) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to the Sec20 retary to carry out the purposes of this subsection—

21 (A) $1,200,000,000 for fiscal year 2005; 

22 (B) $900,000,000 for fiscal year 2006; and 

23 (C) $700,000,000 for fiscal year 2007. 

24 Amounts appropriated pursuant to this paragraph 

25 shall remain available until expended. 
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1 (b) TRAINING EXERCISES.—

2 (1) GUIDELINES.—Not later than 4 months 

3 after the date of enactment of this Act, the Sec4 retary of Homeland Security shall publish guidelines 

5 for the conduct by recipients of grants under sub6 section (a) of appropriate exercises for emergency 

7 response and public transportation employee train8 ing purposes. 

9 (2) PLANS.—Not later than 6 months after re10 ceipt of a grant under subsection (a), the recipient 

11 of such grant shall transmit to the Secretary its 

12 emergency response plan as well as a plan for con13 ducting exercises for emergency response and public 

14 transportation employee training purposes pursuant 

15 to the guidelines published under paragraph (1). 

16 (3) EXERCISES.—

17 (A) REQUIREMENT.—Not later than 1 

18 year after receipt of a grant under subsection 

19 (a), the recipient of such grant shall conduct an 

20 exercise pursuant to the plan for conducting ex21 ercises transmitted under paragraph (2). 

22 (B) EXEMPTIONS.—The Secretary may ex23 empt a grant recipient from the requirement 

24 under subparagraph (A) if the recipient has re25 cently conducted an equivalent exercise. 
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1 (C) NOTICE AND REPORT.—Not later than 

2 30 days after conducting an exercise under sub3 paragraph (A) or as described in subparagraph 

4 (B), the recipient shall notify the Secretary that 

5 such exercise has been completed, including a 

6 description of the results of the exercise and 

7 findings and lessons learned from the exercise, 

8 and shall make recommendations for changes, if 

9 necessary, to existing emergency response 

10 plans. If the recipient revises an emergency re11 sponse plan as a result of an exercise under this 

12 paragraph, the recipient shall transmit the re13 vised plan to the Secretary not later than 6 

14 months after the exercise. 

15 (4) TECHNICAL ASSISTANCE.—The Secretary 

16 shall provide technical assistance in the design, prep17 aration for, and conduct of emergency response exer18 cises. 

19 (5) USE OF PLANS.—The Secretary shall en20 sure that information submitted to the Secretary 

21 under this subsection is protected from any form of 

22 disclosure that might compromise public transpor23 tation security or trade secrets. Notwithstanding the 

24 preceding sentence, the Secretary may use such in25 formation, on a nonattributed basis unless otherwise 
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1 agreed to by the source of the information, to aid in 

2 developing recommendations, best practices, and ma3 terials for use by public transportation authorities to 

4 improve security practices and emergency response 

5 capabilities. 

6 (c) DEFINITION.—For the purposes of this section—

7 (1) the term ‘‘public transportation employees’’ 

8 means security personnel, dispatchers, vehicle and 

9 vessel operators, other onboard employees, mainte10 nance and support personnel, and other appropriate 

11 employees of owners, operators, and providers of 

12 public transportation systems; and 

13 (2) the term ‘‘public transportation systems’’ 

14 means passenger, commuter, and light rail, including 

15 Amtrak and subways, buses, commuter ferries, and 

16 other modes of public transit. 

17 SEC. 122. PUBLIC TRANSPORTATION SECURITY PLAN, BEST 

18 PRACTICES, AND AWARENESS. 

19 (a) SECURITY BEST PRACTICES.—The Secretary of 

20 Homeland Security shall, not later than 120 days after 

21 the date of enactment of this Act, develop, disseminate 

22 to appropriate owners, operators, and providers of public 

23 transportation systems, public transportation employees 

24 and employee representatives, and Federal, State, and 

25 local officials, and transmit to the Congress a report con-
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1 taining best practices for the security of public transpor2 tation systems. In developing best practices, the Secretary 

3 shall be responsible for consulting with and collecting 

4 input from owners, operators, and providers of public 

5 transportation systems, public transportation employee 

6 representatives, first responders, industry associations, 

7 private sector experts, academic experts, and appropriate 

8 Federal, State, and local officials. 

9 (b) PUBLIC AWARENESS.—Not later than 90 days 

10 after the date of enactment of this Act, the Secretary of 

11 Homeland Security shall develop a national plan for public 

12 outreach and awareness. Such plan shall be designed to 

13 increase awareness of measures that the general public, 

14 public transportation passengers, and public transpor15 tation employees can take to increase public transpor16 tation system security. Such plan shall also provide out17 reach to owners, operators, providers, and employees of 

18 public transportation systems to improve their awareness 

19 of available technologies, ongoing research and develop20 ment efforts, and available Federal funding sources to im21 prove public transportation security. Not later than 9 

22 months after the date of enactment of this Act, the Sec23 retary shall implement the plan developed under this sub24 section. 

25 (c) SECURITY PLAN.—
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1 (1) REQUIREMENT.—Not later than 1 year 

2 after the date of enactment of this Act, the Sec3 retary of Homeland Security, in coordination with 

4 the Secretary of Transportation, shall develop a 

5 strategic plan for the security of the Nation’s public 

6 transportation systems and transmit to Congress a 

7 report containing a summary of that plan. Such plan 

8 shall—

9 (A) include a comprehensive assessment of 

10 risks to the Nation’s public transportation sys11 tems, including an assessment of threats of ter12 rorist attack, vulnerabilities against terrorist at13 tack, and human, economic, and national secu14 rity consequences of terrorist attack; 

15 (B) take into account actions taken or 

16 planned by both public and private entities to 

17 address identified security issues; 

18 (C) describe measures for prevention, pro19 tection, and preparedness, including rec20 ommended actions and best practices (as de21 scribed in subsection (a)); 

22 (D) make prioritized recommendations for 

23 improving public transportation system secu24 rity; 
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1 (E) identify specific actions the Federal 

2 Government should take to provide increased 

3 security support for public transportation sys4 tems, both generally and in periods of high or 

5 severe threat levels of alert; 

6 (F) identify measures for coordinating ini7 tiatives undertaken by the public and private 

8 sectors to increase security of public transpor9 tation systems; 

10 (G) contain an estimate of the cost to im11 plement measures, recommendations, and best 

12 practices, and other actions contained within 

13 the plan; 

14 (H) identify milestones and timeframes for 

15 implementing measures, recommendations, and 

16 best practices, and other actions contained 

17 within the plan; and 

18 (I) identify methods for measuring 

19 progress against the plan and communicating 

20 such progress to owners, operators, and pro21 viders of public transportation systems and to 

22 Congress. 

23 (2) IMPLEMENTATION.—The Secretary shall 

24 begin implementation of the plan not later than 3 

25 months after its development. 
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1 (3) CONSULTATION; USE OF EXISTING RE2 SOURCES.—In developing the plan under this sub3 section, the Secretary shall be responsible for con4 sulting with and collecting input from owners, opera5 tors, and providers of public transportation systems, 

6 public transportation employee representatives, first 

7 responders, industry associations, private sector ex8 perts, academic experts, and appropriate Federal, 

9 State, and local officials. 

10 (4) FORMAT.—The Secretary may submit the 

11 report in both classified and unclassified formats if 

12 the Secretary considers that such action is appro13 priate or necessary. 

14 (5) 2-YEAR UPDATES.—The Secretary, in con15 sultation with the Secretary of Transportation, shall 

16 update the plan every 2 years, as necessary, and 

17 transmit such updated report to Congress. 

18 (d) DEFINITION.—For the purposes of this section— 

19 (1) the term ‘‘public transportation employees’’ 

20 means security personnel, dispatchers, vehicle and 

21 vessel operators, other onboard employees, mainte22 nance and support personnel, and other appropriate 

23 employees of owners, operators, and providers of 

24 public transportation systems; and 
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1 (2) the term ‘‘public transportation systems’’ 

2 means passenger, commuter, and light rail, including 

3 Amtrak and subways, buses, commuter ferries, and 

4 other modes of public transit. 

5 SEC. 123. MEMORANDUM OF AGREEMENT. 

6 (a) IN GENERAL.—Not later than 60 days after the 

7 date of enactment of this Act, the Secretary of Homeland 

8 Security and the Secretary of Transportation shall execute 

9 a Memorandum of Agreement governing the roles and re10 sponsibilities of the Department of Homeland Security 

11 and the Department of Transportation, respectively, in ad12 dressing security matters for public transportation sys13 tems, including the process the departments will follow to 

14 promote communications, efficiency, and nonduplication of 

15 effort. Such Memorandum of Agreement shall also estab16 lish a formal mechanism to ensure coordination and the 

17 timely sharing of expertise and information between the 

18 Department of Homeland Security and the Department 

19 of Transportation, as appropriate, in public transportation 

20 security. 

21 (b) DEFINITION.—For the purposes of this section 

22 the term ‘‘public transportation systems’’ means pas23 senger, commuter, and light rail, including Amtrak and 

24 subways, buses, commuter ferries, and other modes of 

25 public transit. 
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1 TITLE VI—STRENGTHENING 

2 PORT SECURITY 

3 SEC. 130. SHORT TITLE. 

4 This title may be cited as the ‘‘Secure Containers 

5 from Overseas and Seaports from Terrorism Act’’ or the 

6 ‘‘Secure COAST Act’’. 

7 Subtitle A—Bureau of Customs and 

8 Border Protection Security Pro9 grams 

10 SEC. 131. AMENDMENTS TO THE HOMELAND SECURITY ACT 

11 OF 2002. 

12 (a) IN GENERAL.—Title IV of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 201 et seq.) is amended by 

14 adding at the end the following new subtitle: 

15 ‘‘Subtitle G—Bureau of Customs 

16 and Border Protection Security 

17 Programs 

18 ‘‘SEC. 481. STANDARDS AND VERIFICATION PROCEDURES 

19 FOR THE SECURITY OF MARITIME CARGO 

20 CONTAINERS. 

21 ‘‘(a) STANDARDS AND VERIFICATION PROCE22 DURES.—Not later than 180 days after the date of the 

23 enactment of the Secure COAST Act, the Secretary, act24 ing through the Under Secretary for Border and Trans25 portation Security, shall establish standards and 
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1 verification procedures for the security of maritime cargo 

2 containers moving within the intermodal transportation 

3 system, including standards for sealing and procedures for 

4 seal verifications for cargo containers at loading. 

5 ‘‘(b) REQUIREMENTS.—The standards and 

6 verification procedures established pursuant to subsection 

7 (a) shall be consistent with the cargo container security 

8 recommendations of Operation Safe Commerce, the inter9 agency Container Working Group, and the Smart and Se10 cure Trade Lane program and shall meet the following 

11 additional requirements: 

12 ‘‘(1) SEAL STANDARDS.—Maritime cargo con13 tainers shall at a minimum be affixed with a secu14 rity seal equivalent to the level ‘D’ high security seal 

15 (as certified by the International Organization for 

16 Standardization (ISO); Certification No. 17712) at 

17 loading. 

18 ‘‘(2) SEAL VERIFICATION.—Procedures shall be 

19 established for the verification of security seals de20 scribed in paragraph (1), including procedures to de21 termine which individuals and entities in the inter22 modal transportation system are responsible for seal23 ing maritime cargo containers, recording of seal 

24 numbers, changes to such numbers if a container is 

25 opened, and anomalies relating to security seals. 
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1 ‘‘(c) EVALUATION OF CONTAINER TRACKING TECH2 NOLOGIES, CONTAINER TARGETING, AND SECURITY OF

3 EMPTY CONTAINERS.—

4 ‘‘(1) EVALUATION.—The Secretary, acting 

5 through the Under Secretary for Border and Trans6 portation Security, shall carry out the following: 

7 ‘‘(A) CONTAINER TRACKING TECH8 NOLOGIES.—The Secretary shall evaluate the 

9 security benefits of existing technology for con10 tainer tracking from the point of loading to its 

11 final destination, such as electronic seals or in12 trusion detection devices that can detect a phys13 ical breach of a container. In addition to deter14 mining the security benefits, the Secretary shall 

15 determine the costs, infrastructure, communica16 tion system, required to deploy such technology 

17 in the intermodal transportation system, includ18 ing incentives for investment in such tech19 nology. 

20 ‘‘(B) CONTAINER TARGETING.—The Sec21 retary shall evaluate trade information, in addi22 tion to cargo manifest information, such as pur23 chase orders, port of origin data, and trans24 shipment data, which would improve the ability 
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1 of the Bureau of Customs and Border Protec2 tion to carry out risk analysis of containers. 

3 ‘‘(2) REPORT.—Not later than 180 days after 

4 the date of the enactment of the Secure COAST 

5 Act, the Secretary shall prepare and submit to the 

6 appropriate congressional committees a report that 

7 contains the results of the evaluations carried out 

8 under paragraph (1), including any recommenda9 tions thereto. 

10 ‘‘SEC. 482. VALIDATION OF SECURITY MEASURES UNDER 

11 THE C–TPAT PROGRAM. 

12 ‘‘(a) GENERAL VALIDATION.—Not later than Sep13 tember 30, 2005, and on an annual basis thereafter, the 

14 Commissioner of the Bureau of Customs and Border Pro15 tection shall conduct on site validations of each individual 

16 and entity participating in the C–TPAT program to en17 sure that the individual or entity is implementing appro18 priate security measures under the program. The Commis19 sioner may certify private security companies to carry out 

20 the validation process described in the preceding sentence. 

21 ‘‘(b) SPECIFIC VALIDATION.—The Commissioner 

22 shall establish inspection teams under the C–TPAT pro23 gram to evaluate the program’s security requirements and, 

24 as circumstances warrant, to carry out unannounced in25 spections of individuals and entities participating in the 
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1 program to ensure compliance with the security require2 ments. 

3 ‘‘(c) PENALTIES FOR NON-COMPLIANCE.—The Com4 missioner shall establish penalties for non-compliance with 

5 the requirements of the C–TPAT program by individuals 

6 and entities participating in the program, including proba7 tion or expulsion from the program, as appropriate. 

8 ‘‘SEC. 483. DEPLOYMENT OF RADIATION DETECTION POR9 TAL EQUIPMENT; INTEGRATED CARGO IN10 SPECTION SYSTEM. 

11 ‘‘(a) DEPLOYMENT OF RADIATION DETECTION POR12 TAL EQUIPMENT.—

13 ‘‘(1) DEPLOYMENT.—Not later than September 

14 30, 2005, the Commissioner of the Bureau of Cus15 toms and Border Protection shall deploy radiation 

16 detection portal equipment at all United States sea17 ports, other United States ports of entry, and major 

18 facilities as determined by the Secretary. 

19 ‘‘(2) REPORT.—Not later than December 31, 

20 2004, the Commissioner shall submit to the appro21 priate congressional committees a report on the im22 plementation of the requirement under paragraph 

23 (1). 

24 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

25 There is authorized to be appropriated to the Com-
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1 missioner $290,000,000 for fiscal year 2005 to carry 

2 out this subsection. 

3 ‘‘(b) INTEGRATED CARGO INSPECTION SYSTEM.—

4 ‘‘(1) PLAN.—The Commissioner of the Bureau 

5 of Customs and Border Protection shall develop a 

6 plan to integrate radiation detection portal equip7 ment with gamma-ray inspection technology equip8 ment at United States seaports and foreign seaports 

9 that are participating the Container Security Initia10 tive in order to facilitate the detection of nuclear 

11 weapons in maritime cargo containers. Such plan 

12 shall include methods for automatic identification of 

13 containers and vehicles for inspection in a timely 

14 manner and a data sharing network capable of 

15 transmitting gamma-ray images and cargo data 

16 among relevant ports and the National Targeting 

17 Center of the Bureau of Customs and Border Pro18 tection. 

19 ‘‘(2) REPORT.—Not later than 180 days after 

20 the date of the enactment of the Secure COAST 

21 Act, the Commissioner shall prepare and submit to 

22 the appropriate congressional committees a report 

23 that contains—

24 ‘‘(A) a description of the plan developed 

25 under paragraph (1), including any infrastruc-
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1 ture improvements required at the seaports in2 volved; 

3 ‘‘(B) an estimate of the costs associated 

4 with implementation of the plan; and 

5 ‘‘(C) an estimate of the timeframe for im6 plementation of the plan. 

7 ‘‘SEC. 484. STAFFING ASSESSMENT OF SEAPORT SECURITY 

8 MISSIONS. 

9 ‘‘(a) STUDY.—The Commissioner of the Bureau of 

10 Customs and Border Protection shall conduct a study to 

11 determine the number of Bureau inspectors and other ap12 propriate personnel that should be stationed at United 

13 States seaports and foreign seaports that are participating 

14 in the Container Security Initiative (CSI) to support in15 creased inspections of low risk cargo, deployment of per16 sonnel at foreign seaports for a period of at least one year, 

17 and the manning of radiation portal monitors installed at 

18 such seaports. In determining such number of Bureau in19 spectors, the Commissioner shall take into account the re20 quirements contained in the other sections of this subtitle. 

21 ‘‘(b) REPORT.—Not later than 180 days after the 

22 date of the enactment of the Secure COAST Act, the Com23 missioner shall prepare and submit to the appropriate con24 gressional committees a report that contains the results 

25 of the study conducted under subsection (a). 
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1 ‘‘SEC. 485. CSI REPORT. 

2 ‘‘Not later than 180 days after the date of the enact3 ment of the Secure COAST Act, and on an annual basis 

4 thereafter, the Secretary, acting through the Commis5 sioner of the Bureau of Customs and Border Protection, 

6 shall prepare and submit to the appropriate congressional 

7 committees a report that contains all cargo inspection data 

8 at foreign seaports participating in the Container Security 

9 Initiative (CSI) for the prior year. The initial report shall 

10 include the plan for the ‘strategic port’ phase of the CSI. 

11 ‘‘SEC. 486. DEFINITIONS. 

12 ‘‘In this subtitle: 

13 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘appropriate congressional com15 mittees’ means—

16 ‘‘(A) the Committee on Appropriations, the 

17 Committee on Ways and Means, the Select 

18 Committee on Homeland Security (or any suc19 cessor committee), and the Committee on 

20 Transportation and Infrastructure of the House 

21 of Representatives; and 

22 ‘‘(B) the Committee on Appropriations, the 

23 Committee on Finance, the Committee on Com24 merce, Science, and Transportation, and the 

25 Committee on Governmental Affairs of the Sen26 ate. 
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1 ‘‘(2) BUREAU OF CUSTOMS AND BORDER PRO2 TECTION OR BUREAU.—The term ‘Bureau of Cus3 toms and Border Protection’ or ‘Bureau’ means the 

4 Bureau of Customs and Border Protection of the 

5 Department. 

6 ‘‘(3) COMMISSIONER.—The term ‘Commis7 sioner’ means the Commissioner of the Bureau of 

8 Customs and Border Protection. 

9 ‘‘(4) CONTAINER SECURITY INITIATIVE OR

10 CSI.—The term ‘Container Security Initiative’ or 

11 ‘CSI’ means the program carried out by the Bureau 

12 of Customs and Border Protection under which Bu13 reau personnel are deployed to major seaports out14 side the United States to work with their host coun15 try counterparts to—

16 ‘‘(A) establish security criteria to identify 

17 high-risk maritime cargo containers bound for 

18 the United States based on advance informa19 tion; 

20 ‘‘(B) identify and pre-screen such maritime 

21 cargo containers for chemical, biological, or nu22 clear weapons through examination or inspec23 tion; and 

24 ‘‘(C) develop secure or ‘smart’ maritime 

25 cargo containers. 
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1 ‘‘(5) C–TPAT PROGRAM.—The term ‘C–TPAT 

2 program’ means the Customs-Trade Partnership 

3 Against Terrorism program carried out by the Bu4 reau of Customs and Border Protection under which 

5 importers, brokers, air, sea, and land carriers, and 

6 other individuals and entities in the intermodal 

7 transportation system voluntarily enter into partner8 ships with the Bureau to establish and carry out a 

9 validation process to ensure that participants are im10 plementing appropriate security measures to protect 

11 the system from being compromised by individual 

12 terrorists and terrorist organizations. 

13 ‘‘(6) INTERAGENCY CONTAINER WORKING

14 GROUP.—The term ‘Interagency Container Working 

15 Group’ means the working group consisting of rep16 resentatives of the former United States Customs 

17 Service and the National Infrastructure Security 

18 Committee of the Department of Transportation 

19 that provided recommendations relating to the secu20 rity of intermodal cargo containers to the Office of 

21 Homeland Security in the Executive Office of the 

22 President. 

23 ‘‘(7) OPERATION SAFE COMMERCE.—The term 

24 ‘Operation Safe Commerce’ means the program car25 ried out by the Department of Transportation and 
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1 the Bureau of Customs and Border Protection to 

2 fund business initiatives designed to enhance secu3 rity for maritime cargo containers moving within the 

4 intermodal transportation system. 

5 ‘‘(8) SMART AND SECURE TRADE LANE PRO6 GRAM.—The term ‘Smart and Secure Trade Lane 

7 Program’ means the program carried out by the 

8 intermodal transportation industry to provide secu9 rity and ensure efficiency throughout the intermodal 

10 transportation system, specifically by developing 

11 technology to improve the security of intermodal 

12 cargo containers and to improve information sharing 

13 within the industry relating to such security and ef14 ficiency.’’ 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of the Homeland Security Act of 2002 is 

17 amended by adding after the items relating to subtitle F 

18 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.’’. 
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1 Subtitle B—Port Security 

2 SEC. 135. PORT SECURITY GRANT FUNDING. 

3 Section 70107(h) of title 46, United States Code, is 

4 amended to read as follows: 

5 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to the Secretary to carry 

7 out subsections (a) through (g)—

8 ‘‘(1) $537,000,000 for fiscal year 2005; and 

9 ‘‘(2) such sums as are necessary for each subse10 quent fiscal year.’’. 

11 SEC. 136. FUNDING FOR COLLABORATIVE PROGRAM FOR 

12 DEVELOPMENT OF MARITIME INFORMATION 

13 SHARING AND ANALYSIS CAPABILITY. 

14 (a) FISCAL YEAR 2005.—Of the amounts authorized 

15 to be appropriated to the Department of Homeland Secu16 rity, $3,000,000 shall be available for a grant to assist 

17 the maritime industry to develop and operare a 

18 colloaborative maritime information sharing and analysis 

19 capability. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that—

22 (1) the President should include in budget re23 quests submitted for fiscal years 2006 and 2007 suf24 ficient funds to ensure that such a maritime infor-
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1 mation sharing and analysis capability is fully oper2 ational before fiscal year 2008; and 

3 (2) the maritime industry should pay at least 

4 half of the operating costs of such capability in5 curred in fiscal year 2008 and thereafter. 

6 SEC. 137. APPROPRIATE CONGRESSIONAL COMMITTEES 

7 DEFINED. 

8 In this title the term ‘‘appropriate congressional com9 mittees’’ means the Committee on Transportation and In10 frastructure, the Select Committee on Homeland Security, 

11 and the Committee on Appropriations of the House of 

12 Representatives and the Committee on Commerce, Science 

13 and Transportation and the Committee on Appropriations 

14 of the Senate. 

15 Subtitle C—Strengthening the 

16 Coast Guard 

17 SEC. 141. ACCELERATION OF INTEGRATED DEEPWATER 

18 PROGRAM. 

19 In addition to any other amounts authorized, there 

20 is authorized to be appropriated to the Secretary of Home21 land Security $1,892,000,000 for fiscal year 2005 for the 

22 acquisition and construction of vessels, aircraft, shore and 

23 offshore facilities and other components associated with 

24 the Integrated Deepwater System in accordance with the 
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1 report required by section 888 of the Homeland Security 

2 Act of 2002 (116 Stat. 2250). 

3 SEC. 142. INCREASE IN AUTHORIZED COAST GUARD PER4 SONNEL. 

5 The Coast Guard is authorized an end-of-year 

6 strength for active duty personnel of 50,000 as of Sep7 tember 30 of each of 2005 and 2006. 

8 SEC. 143. SENSE OF THE CONGRESS REGARDING NAMING 

9 NEW VESSELS UNDER THE DEEPWATER PRO10 GRAM FOR CITIES OF THE UNITED STATES. 

11 It is the sense of the Congress that the Coast Guard 

12 should consider including in its naming protocols for new 

13 vessels constructed under the Deepwater Program the 

14 names of cities of the United States, in recognition of their 

15 support and friendly relationship to the Coast Guard and 

16 the challenge to cities in the United States from terrorism. 

17 TITLE VII—STRENGTHENING 

18 AVIATION SECURITY 

19 SEC. 151. PASSENGER AND BAGGAGE SCREENING OPER20 ATIONS. 

21 (a) STUDY.—The Secretary of Homeland Security 

22 shall conduct a study on the workforce size needed to ade23 quately conduct passenger and baggage screening oper24 ations. The study shall include an analysis of the optimal 

25 screener workforce for security purposes, taking into ac-
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1 count the following: passenger demand for air travel, num2 ber of airports and screening checkpoints, number of 

3 screeners required to operate each checkpoint, risk assess4 ments, acceptable average peak wait times, and use of cur5 rently existing and near-term technologies (including 

6 inline explosive detection systems for baggage screening). 

7 The study shall cover all screeners, whether employed by 

8 the Transportation Security Administration or private 

9 companies. 

10 (b) REPORT.—As soon as practicable, the Secretary 

11 shall transmit to the Congress a report on the results of 

12 the study, including assessments of full time versus part 

13 time screeners, and recommendations on appropriate ratio 

14 of supervisors, lead screeners, and screeners. The Sec15 retary shall include in the report a description of the as16 sumptions used for determining acceptable passenger wait 

17 times at screening checkpoints and how different lengths 

18 of expected wait times would influence the analysis. 

19 (c) SENSE OF CONGRESS.—It is the sense of the Con20 gress that following the receipt of the report under sub21 section (b), Congress should provide the Transportation 

22 Security Administration with the resources necessary to 

23 maintain the workforce size required according to the 

24 study in subsection (a). 
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1 SEC. 152. CHECKED BAGGAGE SECURITY SCREENING. 

2 (a) IN GENERAL.—Subchapter I of chapter 449 of 

3 title 49 United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘§ 44925. Authority to enter into multi-year contracts 

6 for the provision of electronic explosive 

7 detection system images for checked bag8 gage and related items 

9 ‘‘(a) GENERAL AUTHORITY.—Not later than 60 days 

10 after the date of enactment of this section, the Assistant 

11 Secretary of Homeland Security (Transportation Security 

12 Administration) shall establish a program to enter into 

13 multi-year contracts of not more than 10 years with air14 port operators or other non-Federal entities to provide 

15 electronic explosive detection system images of checked 

16 baggage for screening purposes. 

17 ‘‘(b) REQUIRED FINDINGS.—The Assistant Secretary 

18 may enter into a contract for the provision of images 

19 under this section at an airport only if the Assistant Sec20 retary finds that the average annual cost of the contract 

21 is less than the total estimated average annual cost for 

22 the Transportation Security Administration to acquire 

23 such images through the operation of stand alone explosive 

24 detection systems at that airport. 

25 ‘‘(c) ENDING CONTRACT.—A contract made under 

26 this section shall be contingent on the availability of an-
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1 nual appropriations and shall be ended if amounts are not 

2 made available to continue the contract in subsequent fis3 cal years. The Assistant Secretary may not terminate a 

4 contract made under this section to the extent annual ap5 propriations are available, except when the Assistant Sec6 retary finds cause for termination. 

7 ‘‘(d) CONTRACT PROVISIONS.—A contract made 

8 under this section—

9 ‘‘(1) may include any cost associated with pro10 viding electronic explosive detection system images, 

11 including 

12 ‘‘(A) maintenance; 

13 ‘‘(B) financing; 

14 ‘‘(C) reasonable management fees; and 

15 ‘‘(D) other items or services the Assistant 

16 Secretary deems necessary; 

17 ‘‘(2) may specify the manner in which the elec18 tronic explosive detection system images may be ac19 quired and any other operational requirements the 

20 Assistant Secretary deems necessary; 

21 ‘‘(3) may specify ownership rights of the elec22 tronic explosive detection system images; and 

23 ‘‘(4) may be made with multiple parties. 

24 ‘‘(e) SYSTEM DESIGN.—Prior to entering into a con25 tract under this section with respect to an airport, the As-
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1 sistant Secretary shall consult with the operator and users 

2 of the airport to ensure that the provision of electronic 

3 explosive detection system images under this section takes 

4 into consideration the operational needs of the airport and 

5 its users. 

6 ‘‘(f) PRIORITY CONSIDERATION.—The Assistant Sec7 retary shall give priority under this section to entering into 

8 contracts that—

9 ‘‘(1) will expedite the installation of integrated 

10 in-line explosive detection systems at air carrier air11 ports (as defined in section 47102) that have ap12 proved plans on the date of enactment of this sec13 tion; and 

14 ‘‘(2) have not met the requirement of section 

15 44901(d) of title 49, United States Code, to screen 

16 all checked baggage with explosive detection systems. 

17 ‘‘(g) SCORING.—Notwithstanding any other provision 

18 of law, any contract entered into under this section shall 

19 be treated and scored as an operating lease as defined in 

20 the Office of Management and Budget Circular A–11.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for such 

22 chapter is amended by inserting after the item relating 

23 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.’’.
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1 SEC. 153. AVIATION SECURITY CAPITAL FUND. 

2 (a) IN GENERAL.—Section 44923(h)(1) of title 49, 

3 United States Code, is amended—

4 (1) by striking ‘‘in each of fiscal years 2004’’ 

5 and inserting ‘‘in fiscal year 2004 and the first 

6 $500,000,000 derived from such fees in each of fis7 cal years 2005’’; and 

8 (2) by striking ‘‘in each of such fiscal years’’ 

9 and inserting ‘‘in fiscal year 2004 and at least 

10 $500,000,000 in each of fiscal years 2005 through 

11 2007’’. 

12 (b) DISCRETIONARY GRANTS.—Section 44923(h)(3) 

13 of such title is amended by inserting after 

14 ‘‘$125,000,000’’ the following: ‘‘for fiscal year 2004 and 

15 $375,000,000 for each of fiscal years 2005 through 

16 2007’’. 

17 SEC. 154. ELIMINATION OF BAG-MATCH PROGRAM AS AC18 CEPTABLE ALTERNATIVE FOR CHECKED 

19 BAGGAGE. 

20 (a) IN GENERAL.—The only approved methods for 

21 ensuring that checked baggage on passenger aircraft do 

22 not contain dangerous materials shall be one or more of 

23 the use explosive detection technology, manual search, and 

24 search by canine explosive units. 

25 (b) BAG-MATCH PROGRAM PHASE-OUT.—The reli26 ance on matching baggage to passengers onboard the air-
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1 craft shall be phased-out over a 6-month period after the 

2 date of enactment of this Act. The Secretary of Homeland 

3 Security shall develop a plan for the phase-out and may 

4 authorize further use of the bag-match program following 

5 the phase-out period where necessary in case of an emer6 gency or other extenuating circumstance as determined by 

7 the Secretary. 

8 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

9 Nothing in this section shall be construed to prevent the 

10 Transportation Security Administration from using the 

11 bag-match program as a supplemental means of securing 

12 checked baggage. 

13 SEC. 155. AVIATION SECURITY TECHNOLOGIES. 

14 (a) Report- Not later than six months after the date 

15 of the enactment of this section, the Secretary of Home16 land Security shall transmit to the Congress a report on—

17 (1) the status and technical maturity of avia18 tion security technologies (including technologies for 

19 detecting explosive, chemical, biological, or radio20 logical materials on or in passengers, carry-on or 

21 checked baggage, or air cargo; improving resolution 

22 and readability of explosive detection systems; inte23 grating the threat imaging projection system into 

24 checked baggage detection systems; site access secu-
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1 rity for airport facilities; and such other technologies 

2 as the Secretary deems appropriate); 

3 (2) for those technologies where possible, the 

4 planned schedule for deployment of such tech5 nologies; 

6 (3) the expected future costs for development, 

7 testing, evaluation, procurement, and installation, 

8 and projected annual costs for operation and mainte9 nance, of such technologies; 

10 (4) potential deployment problems in an airport 

11 setting; and 

12 (5) methods of deploying security technologies 

13 to airports in a manner that maximizes the number 

14 of technologies that Federal and airport security 

15 personnel can effectively operate. 

16 SEC. 156. INSPECTION OF CARGO CARRIED ABOARD PAS17 SENGER AIRCRAFT. 

18 Subtitle A of title IV of the Homeland Security Act 

19 of 2002 (6 U.S.C. 201–203) is amended by adding at the 

20 end the following: 

21 ‘‘SEC. 404. AIR CARGO ON PASSENGER AIRCRAFT. 

22 ‘‘(a) IN GENERAL.—Not later than 180 days after 

23 the date of the enactment of this section, the Secretary 

24 shall establish and begin to implement a system to screen 

25 or inspect all cargo that is to be transported in passenger 
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1 aircraft operated by an air carrier or foreign air carrier 

2 in air transportation or intrastate air transportation (as 

3 such terms are defined in section 40102 of title 49, United 

4 States Code). The system shall require the use of equip5 ment, technology, and personnel to screen and inspect 

6 cargo that meet the same standards as those established 

7 by the Secretary for equipment, technology, and personnel 

8 used to screen passenger baggage. 

9 ‘‘(b) REPORT.—Not later than 210 days after the 

10 date of the enactment of this section, the Secretary shall 

11 transmit to the Congress a report describing the system 

12 under subsection (a). 

13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as may be 

15 necessary to carry out this section.’’. 

16 SEC. 157. DATABASE ON KNOWN SHIPPING COMPANIES. 

17 (a) IN GENERAL.—Not later than April 1, 2005, the 

18 Secretary of Homeland Security shall complete, and make 

19 available as appropriate to personnel of the Transpor20 tation Security Administration, freight forwarders, airport 

21 authorities, air carriers, and other relevant entities a data22 base containing the names and other relevant information 

23 of all known shipping companies. In making such database 

24 available to nongovernmental entities, the Secretary shall 
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1 ensure that sensitive security information and company 

2 proprietary information is adequately protected. 

3 (b) REPORT.—Not later than the 30th day following 

4 the date of the completion of the database under sub5 section (a), the Secretary shall transmit to Congress a re6 port on the number of known shipping companies in the 

7 database, the number of known shipping companies for 

8 whom the Administration has conducted physical inspec9 tions of facilities and paperwork of such companies to de10 termine compliance with security regulations that apply to 

11 those companies, the number of companies that have ap12 plied to the Secretary for known shipping company status 

13 and been denied, and the number of known shipping com14 panies that have been removed from the database as a 

15 result of findings by the Administration that such compa16 nies have failed to comply with appropriate security regu17 lations. 

18 SEC. 158. FLIGHT CREW COMMUNICATION SYSTEMS. 

19 (a) IN GENERAL.—Not later than one year after the 

20 date of enactment of this Act, the Secretary of Homeland 

21 Security shall require, to the greatest extent technically 

22 feasible, air carriers (as defined in section 40102 of title 

23 49, United States Code) to provide flight attendants with 

24 a discreet and wireless method of communicating with pi25 lots that meet such standards as the Secretary may estab-
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1 lish by regulation. Such a system must be accessible by 

2 any Federal air marshal on a flight of an air carrier and 

3 appropriate Government security officials and personnel of 

4 the air carrier. 

5 (b) DEADLINE FOR REGULATIONS.—The Secretary 

6 shall issue regulations to carry out this section not later 

7 than the 90th day following the date of the enactment of 

8 this Act. 

9 SEC. 159. NATIONAL STRATEGY FOR TRANSPORTATION SE10 CURITY. 

11 (a) REQUIREMENT FOR STRATEGY.—

12 (1) RESPONSIBILITIES OF SECRETARY OF

13 HOMELAND SECURITY.—The Secretary of Homeland 

14 Security shall—

15 (A) develop and implement a National 

16 Strategy for Transportation Security; and 

17 (B) revise such strategy whenever nec18 essary to improve or to maintain the currency 

19 of the strategy or whenever the Secretary other20 wise considers it appropriate to do so. 

21 (2) CONSULTATION WITH SECRETARY OF

22 TRANSPORTATION.—The Secretary of Homeland Se23 curity shall consult with the Secretary of Transpor24 tation in developing and revising the National Strat25 egy for Transportation Security under this section. 
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1 (b) CONTENT.—The National Strategy for Transpor2 tation Security shall include the following matters: 

3 (1) An identification and evaluation of the 

4 transportation assets within the United States that, 

5 in the interests of national security, must be pro6 tected from attack or disruption by terrorist or other 

7 hostile forces, including aviation, bridge and tunnel, 

8 commuter rail and ferry, highway, maritime, pipe9 line, rail, urban mass transit, and other public trans10 portation infrastructure assets that could be at risk 

11 of such an attack or disruption. 

12 (2) The development of the risk-based prior13 ities, and realistic deadlines, for addressing security 

14 needs associated with those assets. 

15 (3) The most practical and cost-effective means 

16 of defending those assets against threats to their se17 curity. 

18 (4) A forward-looking strategic plan that as19 signs transportation security roles and missions to 

20 departments and agencies of the Federal Govern21 ment (including the Armed Forces), State govern22 ments (including the Army National Guard and Air 

23 National Guard), local governments, and public utili24 ties, and establishes mechanisms for encouraging 
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1 private sector cooperation and participation in the 

2 implementation of such plan. 

3 (5) A comprehensive delineation of response 

4 and recovery responsibilities and issues regarding 

5 threatened and executed acts of terrorism within the 

6 United States. 

7 (6) A prioritization of research and development 

8 objectives that support transportation security 

9 needs, giving a higher priority to research and devel10 opment directed toward protecting vital assets. 

11 (7) A budget and recommendations for appro12 priate levels and sources of funding to meet the ob13 jectives set forth in the strategy. 

14 (c) SUBMISSIONS TO CONGRESS.—

15 (1) THE NATIONAL STRATEGY.—

16 (A) INITIAL STRATEGY.—The Secretary of 

17 Homeland Security shall submit the National 

18 Strategy for Transportation Security developed 

19 under this section to Congress not later than 

20 April 1, 2005. 

21 (B) SUBSEQUENT VERSIONS.—After 2005, 

22 the Secretary of Homeland Security shall sub23 mit the National Strategy for Transportation 

24 Security, including any revisions, to Congress 
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1 not less frequently than April 1 of each even2 numbered year. 

3 (2) PERIODIC PROGRESS REPORT.—

4 (A) REQUIREMENT FOR REPORT.—Each 

5 year, in conjunction with the submission of the 

6 budget to Congress under section 1105(a) of 

7 title 31, United States Code, the Secretary of 

8 Homeland Security shall submit to Congress an 

9 assessment of the progress made on imple10 menting the National Strategy for Transpor11 tation Security. 

12 (B) CONTENT.—Each progress report 

13 under this paragraph shall include, at a min14 imum, the following matters: 

15 (i) An assessment of the adequacy of 

16 the resources committed to meeting the ob17 jectives of the National Strategy for 

18 Transportation Security. 

19 (ii) Any recommendations for improv20 ing and implementing that strategy that 

21 the Secretary, in consultation with the Sec22 retary of Transportation, considers appro23 priate. 

24 (3) CLASSIFIED MATERIAL.—Any part of the 

25 National Strategy for Transportation Security that 
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1 involves information that is properly classified under 

2 criteria established by Executive order shall be sub3 mitted to Congress separately in classified form. 

4 (d) PRIORITY STATUS.—

5 (1) IN GENERAL.—The National Strategy for 

6 Transportation Security shall be the governing docu7 ment for Federal transportation security efforts. 

8 (2) OTHER PLANS AND REPORTS.—The Na9 tional Strategy for Transportation Security shall in10 clude, as an integral part or as an appendix—

11 (A) the current National Maritime Trans12 portation Security Plan under section 70103 of 

13 title 46, United States Code; 

14 (B) the report of the Secretary of Trans15 portation under section 44938 of title 49, 

16 United States Code; and 

17 (C) any other transportation security plan 

18 or report that the Secretary of Homeland Secu19 rity determines appropriate for inclusion. 

20 SEC. 160. USE OF WATCHLISTS FOR PASSENGER AIR 

21 TRANSPORTATION SCREENING. 

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity, acting through the Transportation Security Adminis24 tration, as soon as practicable after the date of the enact-
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1 ment of this Act but in no event later than 90 days after 

2 that date, shall—

3 (1) implement a procedure under which the 

4 Transportation Security Administration compares 

5 information about passengers who are to be carried 

6 aboard a passenger aircraft operated by an air car7 rier or foreign air carrier in air transportation or 

8 intrastate air transportation for flights and flight 

9 segments originating in the United States with a 

10 comprehensive, consolidated database containing in11 formation about known or suspected terrorists and 

12 their associates; and 

13 (2) use the information obtained by comparing 

14 the passenger information with the information in 

15 the database to prevent known or suspected terror16 ists and their associates from boarding such flights 

17 or flight segments or to subject them to specific ad18 ditional security scrutiny, through the use of ‘‘no 

19 fly’’ and ‘‘automatic selectee’’ lists or other means. 

20 (b) AIR CARRIER COOPERATION.—The Secretary of 

21 Homeland Security, in coordination with the Secretary of 

22 Transportation, shall by order require air carriers to pro23 vide the passenger information necessary to implement the 

24 procedure required by subsection (a). 
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1 (c) MAINTAINING THE ACCURACY AND INTEGRITY OF

2 THE ‘‘NO FLY’’ AND ‘‘AUTOMATIC SELECTEE’’ LISTS.—

3 (1) WATCHLIST DATABASE.—The Secretary of 

4 Homeland Security, in consultation with the Direc5 tor of the Federal Bureau of Investigation, shall de6 sign guidelines, policies, and operating procedures 

7 for the collection, removal, and updating of data 

8 maintained, or to be maintained, in the watchlist 

9 database described in subsection (a)(1) that are de10 signed to ensure the accuracy and integrity of the 

11 database. 

12 (2) ACCURACY OF ENTRIES.—In developing the 

13 ‘‘no fly’’ and ‘‘automatic selectee’’ lists under sub14 section (a)(2), the Secretary of Homeland Security 

15 shall establish a simple and timely method for cor16 recting erroneous entries, for clarifying information 

17 known to cause false hits or misidentification errors, 

18 and for updating relevant information that is dis19 positive in the passenger screening process. The Sec20 retary shall also establish a process to provide indi21 viduals whose names are confused with, or similar 

22 to, names in the database with a means of dem23 onstrating that they are not a person named in the 

24 database. 
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1 TITLE VIII—IMPROVING PRI2 VATE SECTOR PREPARED3 NESS 

4 SEC. 161. SHORT TITLE. 

5 This title may be cited as the ‘‘Private Sector Pre6 paredness Act of 2004’’. 

7 SEC. 162. FINDINGS. 

8 Congress finds the following: 

9 (1) Private sector organizations own 85 percent 

10 of the Nation‘‘s infrastructure facilities and employ 

11 the vast majority of the Nation’’s employees. The re12 sources of these organizations, including property 

13 and personnel, can be coordinated in an emergency 

14 situation more efficiently than the population in gen15 eral. 

16 (2) Private sector organizations are often un17 prepared for emergencies, whether resulting from a 

18 natural disaster or a terrorist incident. Although 

19 there have been exemplary efforts by select private 

20 sector organizations, emergency preparedness is not 

21 generally a priority for these organizations. 

22 (3) The hearings of and testimony before the 

23 National Commission on Terrorist Attacks Upon the 

24 United States demonstrated that the lack of emer25 gency preparedness and evacuation planning, train-
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1 ing, and exercises by private sector organizations 

2 may have contributed to additional casualties at the 

3 World Trade Center on September 11, 2001. 

4 (4) Although there may be an interest in pro5 moting emergency preparedness within private sector 

6 organizations, there remains uncertainty and confu7 sion as to the definition of appropriate and adequate 

8 preparedness and what actions these organizations 

9 should take. 

10 (5) Identifying standards and best practices is 

11 necessary to promote emergency preparedness by 

12 private sector organizations, in addition to edu13 cational activities to effectively communicate such 

14 standards and best practices. 

15 SEC. 163. PRIVATE SECTOR EMERGENCY PREPAREDNESS 

16 PROGRAM. 

17 (a) ESTABLISHMENT OF PREPAREDNESS PRO18 GRAM.—Title V of the Homeland Security Act of 2002 

19 (6 U.S.C. 311 et seq.) is amended by adding at the end 

20 the following: 

21 ‘‘SEC. 510. PRIVATE SECTOR EMERGENCY PREPAREDNESS 

22 PROGRAM. 

23 ‘‘(a) PREPAREDNESS PROGRAM.—Not later than 90 

24 days after the date of enactment of this section, the Sec25 retary shall develop and implement a program to enhance 
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1 private sector preparedness for emergencies and disasters, 

2 including emergencies resulting from acts of terrorism. 

3 ‘‘(b) PROGRAM ELEMENTS.—In carrying out the pro4 gram, the Secretary shall develop guidance and identify 

5 best practices to assist or foster action by the private sec6 tor in 

7 ‘‘(1) identifying hazards and assessing risks 

8 and impacts; 

9 ‘‘(2) mitigating the impacts of a wide variety of 

10 hazards, including weapons of mass destruction; 

11 ‘‘(3) managing necessary emergency prepared12 ness and response resources; 

13 ‘‘(4) developing mutual aid agreements; 

14 ‘‘(5) developing and maintaining emergency 

15 preparedness and response plans, as well as associ16 ated operational procedures; 

17 ‘‘(6) developing and maintaining communica18 tions and warning systems; 

19 ‘‘(7) developing and conducting training and ex20 ercises to support and evaluate emergency prepared21 ness and response plans and operational procedures; 

22 ‘‘(8) developing and conducting training pro23 grams for security guards to implement emergency 

24 preparedness and response plans and operations pro25 cedures; and 
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1 ‘‘(9) developing procedures to respond to exter2 nal requests for information from the media and the 

3 public. 

4 ‘‘(c) STANDARDS.—

5 ‘‘(1) IN GENERAL.—The Secretary shall sup6 port the development of, promulgate, and regularly 

7 update as necessary national voluntary consensus 

8 standards for private sector emergency preparedness 

9 that will enable private sector organizations to 

10 achieve optimal levels of emergency preparedness as 

11 soon as practicable. Such standards include the Na12 tional Fire Protection Association 1600 Standard on 

13 Disaster/Emergency Management and Business Con14 tinuity Programs. 

15 ‘‘(2) CONSULTATION.—The Secretary shall 

16 carry out paragraph (1) in consultation with the 

17 Under Secretary for Emergency Preparedness and 

18 Response, the Under Secretary for Science and 

19 Technology, the Under Secretary for Information 

20 Analysis and Infrastructure Protection, and the Spe21 cial Assistant to the Secretary for the Private Sec22 tor. 

23 ‘‘(d) COORDINATION.—The Secretary shall coordi24 nate the program with, and utilize to the maximum extent 

25 practicable 
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1 ‘‘(1) the voluntary standards for disaster and 

2 emergency management and business continuity pro3 grams developed by the American National Stand4 ards Institute and the National Fire Protection As5 sociation; and 

6 ‘‘(2) any existing private sector emergency pre7 paredness guidance or best practices developed by 

8 private sector industry associations or other organi9 zations.’’. 

10 (b) CONFORMING AMENDMENT.—The table of con11 tents contained in section 1(b) of such Act (116 Stat. 

12 2135) is amended by inserting after the item relating to 

13 section 509 the following:

‘‘Sec. 510. Private sector emergency preparedness program.’’.

14 TITLE IX—INCREASING 

15 INFORMATION SHARING 

16 SEC. 165. INFORMATION SHARING. 

17 (a) DEFINITIONS.—In this section: 

18 (1) EXECUTIVE COUNCIL.—The term ‘‘Execu19 tive Council’’ means the Executive Council on Infor20 mation Sharing established under subsection (h). 

21 (2) HOMELAND SECURITY INFORMATION.—The 

22 term ‘‘homeland security information’’ means all in23 formation, whether collected, produced, or distrib24 uted by intelligence, law enforcement, military, 

25 homeland security, or other activities relating to—
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1 (A) the existence, organization, capabili2 ties, plans, intentions, vulnerabilities, means of 

3 finance or material support, or activities of for4 eign or international terrorist groups or individ5 uals, or of domestic groups or individuals in6 volved in transnational terrorism; 

7 (B) threats posed by such groups or indi8 viduals to the United States, United States per9 sons, or United States interests, or to those of 

10 other nations; 

11 (C) communications of or by such groups 

12 or individuals; or 

13 (D) groups or individuals reasonably be14 lieved to be assisting or associated with such 

15 groups or individuals. 

16 (3) NETWORK.—The term ‘‘Network’’ means 

17 the Information Sharing Network described under 

18 subsection (c). 

19 (b) FINDINGS.—Consistent with the report of the Na20 tional Commission on Terrorist Attacks upon the United 

21 States, Congress makes the following findings: 

22 (1) The effective use of information, from all 

23 available sources, is essential to the fight against 

24 terror and the protection of our homeland. The big25 gest impediment to all-source analysis, and to a 
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1 greater likelihood of ‘‘connecting the dots’’, is resist2 ance to sharing information. 

3 (2) The United States Government has access 

4 to a vast amount of information, including not only 

5 traditional intelligence but also other government 

6 databases, such as those containing customs or im7 migration information. However, the United States 

8 Government has a weak system for processing and 

9 using the information it has. 

10 (3) In the period preceding September 11, 

11 2001, there were instances of potentially helpful in12 formation that was available but that no person 

13 knew to ask for; information that was distributed 

14 only in compartmented channels, and information 

15 that was requested but could not be shared. 

16 (4) Current security requirements nurture over17 classification and excessive compartmentalization of 

18 information among agencies. Each agency′′s incen19 tive structure opposes sharing, with risks, including 

20 criminal, civil, and administrative sanctions, but few 

21 rewards for sharing information. 

22 (5) The current system, in which each intel23 ligence agency has its own security practices, re24 quires a demonstrated ‘‘need to know’’ before shar25 ing. This approach assumes that it is possible to 
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1 know, in advance, who will need to use the informa2 tion. An outgrowth of the cold war, such a system 

3 implicitly assumes that the risk of inadvertent dis4 closure outweighs the benefits of wider sharing. 

5 Such assumptions are no longer appropriate. Al6 though counterintelligence concerns are still real, the 

7 costs of not sharing information are also substantial. 

8 The current ‘‘need-to-know’’ culture of information 

9 protection needs to be replaced with a ‘‘need-to10 share’’ culture of integration. 

11 (6) A new approach to the sharing of intel12 ligence and homeland security information is ur13 gently needed. An important conceptual model for a 

14 new ‘‘trusted information network’’ is the System15 wide Homeland Analysis and Resource Exchange 

16 (SHARE) Network proposed by a task force of lead17 ing professionals assembled by the Markle Founda18 tion and described in reports issued in October 2002 

19 and December 2003. 

20 (7) No single agency can create a meaningful 

21 information sharing system on its own. Alone, each 

22 agency can only modernize stovepipes, not replace 

23 them. Presidential leadership is required to bring 

24 about governmentwide change. 

25 (c) INFORMATION SHARING NETWORK.—
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1 (1) ESTABLISHMENT.—The President shall es2 tablish a trusted information network and secure in3 formation sharing environment to promote sharing 

4 of intelligence and homeland security information in 

5 a manner consistent with national security and the 

6 protection of privacy and civil liberties, and based on 

7 clearly defined and consistently applied policies and 

8 procedures, and valid investigative, analytical or 

9 operational requirements. 

10 (2) ATTRIBUTES.—The Network shall promote 

11 coordination, communication and collaboration of 

12 people and information among all relevant Federal 

13 departments and agencies, State, tribal, and local 

14 authorities, and relevant private sector entities, in15 cluding owners and operators of critical infrastruc16 ture, by using policy guidelines and technologies that 

17 support—

18 (A) a decentralized, distributed, and co19 ordinated environment that connects existing 

20 systems where appropriate and allows users to 

21 share information among agencies, between lev22 els of government, and, as appropriate, with the 

23 private sector; 
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1 (B) the sharing of information in a form 

2 and manner that facilitates its use in analysis, 

3 investigations and operations; 

4 (C) building upon existing systems capa5 bilities currently in use across the Government; 

6 (D) utilizing industry best practices, in7 cluding minimizing the centralization of data 

8 and seeking to use common tools and capabili9 ties whenever possible; 

10 (E) employing an information access man11 agement approach that controls access to data 

12 rather than to just networks; 

13 (F) facilitating the sharing of information 

14 at and across all levels of security by using pol15 icy guidelines and technologies that support 

16 writing information that can be broadly shared; 

17 (G) providing directory services for locat18 ing people and information; 

19 (H) incorporating protections for individ20 uals’ privacy and civil liberties; 

21 (I) incorporating strong mechanisms for 

22 information security and privacy and civil lib23 erties guideline enforcement in order to enhance 

24 accountability and facilitate oversight, includ25 ing—
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1 (i) multifactor authentication and ac2 cess control; 

3 (ii) strong encryption and data protec4 tion; 

5 (iii) immutable audit capabilities; 

6 (iv) automated policy enforcement; 

7 (v) perpetual, automated screening for 

8 abuses of network and intrusions; and 

9 (vi) uniform classification and han10 dling procedures; 

11 (J) compliance with requirements of appli12 cable law and guidance with regard to the plan13 ning, design, acquisition, operation, and man14 agement of information systems; and 

15 (K) permitting continuous system up16 grades to benefit from advances in technology 

17 while preserving the integrity of stored data. 

18 (d) IMMEDIATE ACTIONS.—Not later than 90 days 

19 after the date of the enactment of this Act, the Director 

20 of the Office of Management and Budget, in consultation 

21 with the Executive Council, shall—

22 (1) submit to the President and to Congress a 

23 description of the technological, legal, and policy 

24 issues presented by the creation of the Network de-
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1 scribed in subsection (c), and the way in which these 

2 issues will be addressed; 

3 (2) establish electronic directory services to as4 sist in locating in the Federal Government intel5 ligence and homeland security information and peo6 ple with relevant knowledge about intelligence and 

7 homeland security information; and 

8 (3) conduct a review of relevant current Federal 

9 agency capabilities, including—

10 (A) a baseline inventory of current Federal 

11 systems that contain intelligence or homeland 

12 security information; 

13 (B) the money currently spent to maintain 

14 those systems; and 

15 (C) identification of other information that 

16 should be included in the Network. 

17 (e) GUIDELINES AND REQUIREMENTS.—As soon as 

18 possible, but in no event later than 180 days after the 

19 date of the enactment of this Act, the President shall—

20 (1) in consultation with the Executive Council, 

21 issue guidelines—

22 (A) for acquiring, accessing, sharing, and 

23 using information, including guidelines to en24 sure that information is provided in its most 

25 shareable form, such as by separating out data 
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1 from the sources and methods by which that 

2 data are obtained; and 

3 (B) on classification policy and handling 

4 procedures across Federal agencies, including 

5 commonly accepted processing and access con6 trols; 

7 (2) in consultation with the Privacy and Civil 

8 Liberties Oversight Board established under section 

9 226, that—

10 (A) protect privacy and civil liberties in the 

11 development and use of the Network; and 

12 (B) shall be made public, unless, and only 

13 to the extent that, nondisclosure is clearly nec14 essary to protect national security; and 

15 (3) require the heads of Federal departments 

16 and agencies to promote a culture of information 

17 sharing by—

18 (A) reducing disincentives to information 

19 sharing, including overclassification of informa20 tion and unnecessary requirements for origi21 nator approval; and 

22 (B) providing affirmative incentives for in23 formation sharing, such as the incorporation of 

24 information sharing performance measures into 

25 agency and managerial evaluations, and em-
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1 ployee awards for promoting innovative infor2 mation sharing practices. 

3 (f) ENTERPRISE ARCHITECTURE AND IMPLEMENTA4 TION PLAN.—Not later than 270 days after the date of 

5 the enactment of this Act, the Director of Management 

6 and Budget shall submit to the President and to Congress 

7 an enterprise architecture and implementation plan for the 

8 Network. The enterprise architecture and implementation 

9 plan shall be prepared by the Director of Management and 

10 Budget, in consultation with the Executive Council, and 

11 shall include—

12 (1) a description of the parameters of the pro13 posed Network, including functions, capabilities, and 

14 resources; 

15 (2) a delineation of the roles of the Federal de16 partments and agencies that will participate in the 

17 development of the Network, including identification 

18 of any agency that will build the infrastructure need19 ed to operate and manage the Network (as distinct 

20 from the individual agency components that are to 

21 be part of the Network), with the delineation of roles 

22 to be consistent with—

23 (A) the authority of the National Intel24 ligence Director under this Act to set standards 

25 for information sharing and information tech-
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1 nology throughout the intelligence community; 

2 and 

3 (B) the authority of the Secretary of 

4 Homeland Security and the role of the Depart5 ment of Homeland Security in coordinating 

6 with State, tribal, and local officials and the 

7 private sector; 

8 (3) a description of the technological require9 ments to appropriately link and enhance existing 

10 networks and a description of the system design that 

11 will meet these requirements; 

12 (4) an enterprise architecture that—

13 (A) is consistent with applicable laws and 

14 guidance with regard to planning, design, acqui15 sition, operation, and management of informa16 tion systems; 

17 (B) will be used to guide and define the 

18 development and implementation of the Net19 work; and 

20 (C) addresses the existing and planned en21 terprise architectures of the departments and 

22 agencies participating in the Network; 

23 (5) a description of how privacy and civil lib24 erties will be protected throughout the design and 

25 implementation of the Network; 
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1 (6) objective, systemwide performance measures 

2 to enable the assessment of progress toward achiev3 ing full implementation of the Network; 

4 (7) a plan, including a time line, for the devel5 opment and phased implementation of the Network; 

6 (8) total budget requirements to develop and 

7 implement the Network, including the estimated an8 nual cost for each of the 5 years following the date 

9 of the enactment of this Act; and 

10 (9) proposals for any legislation that the Direc11 tor of Management and Budget determines nec12 essary to implement the Network. 

13 (g) DIRECTOR OF MANAGEMENT AND BUDGET RE14 SPONSIBLE FOR INFORMATION SHARING ACROSS THE

15 FEDERAL GOVERNMENT.—

16 (1) ADDITIONAL DUTIES AND RESPONSIBIL17 ITIES.—

18 (A) IN GENERAL.—The Director of Man19 agement and Budget, in consultation with the 

20 Executive Council, shall—

21 (i) implement and manage the Net22 work; 

23 (ii) develop and implement policies, 

24 procedures, guidelines, rules, and stand25 ards as appropriate to foster the develop-
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1 ment and proper operation of the Network; 

2 and 

3 (iii) assist, monitor, and assess the 

4 implementation of the Network by Federal 

5 departments and agencies to ensure ade6 quate progress, technological consistency 

7 and policy compliance; and regularly report 

8 the findings to the President and to Con9 gress. 

10 (B) CONTENT OF POLICIES, PROCEDURES, 

11 GUIDELINES, RULES, AND STANDARDS.—The 

12 policies, procedures, guidelines, rules, and 

13 standards under subparagraph (A)(ii) shall—

14 (i) take into account the varying mis15 sions and security requirements of agencies 

16 participating in the Network; 

17 (ii) address development, implementa18 tion, and oversight of technical standards 

19 and requirements; 

20 (iii) address and facilitate information 

21 sharing between and among departments 

22 and agencies of the intelligence community, 

23 the Department of Defense, the homeland 

24 security community and the law enforce25 ment community; 
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1 (iv) address and facilitate information 

2 sharing between Federal departments and 

3 agencies and State, tribal and local govern4 ments; 

5 (v) address and facilitate, as appro6 priate, information sharing between Fed7 eral departments and agencies and the pri8 vate sector; 

9 (vi) address and facilitate, as appro10 priate, information sharing between Fed11 eral departments and agencies with foreign 

12 partners and allies; and 

13 (vii) ensure the protection of privacy 

14 and civil liberties. 

15 (2) APPOINTMENT OF PRINCIPAL OFFICER.—

16 Not later than 30 days after the date of the enact17 ment of this Act, the Director of Management and 

18 Budget shall appoint, with approval of the Presi19 dent, a principal officer in the Office of Management 

20 and Budget whose primary responsibility shall be to 

21 carry out the day-to-day duties of the Director speci22 fied in this section. The officer shall report directly 

23 to the Director of Management and Budget, have 

24 the rank of a Deputy Director and shall be paid at 

25 the rate of pay payable for a position at level III of 
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1 the Executive Schedule under section 5314 of title 

2 5, United States Code. 

3 (h) EXECUTIVE COUNCIL ON INFORMATION SHAR4 ING.—

5 (1) ESTABLISHMENT.—There is established an 

6 Executive Council on Information Sharing that shall 

7 assist the Director of Management and Budget in 

8 the execution of the Director’s duties under this Act 

9 concerning information sharing. 

10 (2) MEMBERSHIP.—The members of the Execu11 tive Council shall be—

12 (A) the Director of Management and 

13 Budget, who shall serve as Chairman of the Ex14 ecutive Council; 

15 (B) the Secretary of Homeland Security or 

16 his designee; 

17 (C) the Secretary of Defense or his des18 ignee; 

19 (D) the Attorney General or his designee; 

20 (E) the Secretary of State or his designee; 

21 (F) the Director of the Federal Bureau of 

22 Investigation or his designee; 

23 (G) the National Intelligence Director or 

24 his designee; 
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1 (H) such other Federal officials as the 

2 President shall designate; 

3 (I) representatives of State, tribal, and 

4 local governments, to be appointed by the Presi5 dent; and 

6 (J) individuals who are employed in private 

7 businesses or nonprofit organizations that own 

8 or operate critical infrastructure, to be ap9 pointed by the President. 

10 (3) RESPONSIBILITIES.—The Executive Council 

11 shall assist the Director of Management and Budget 

12 in—

13 (A) implementing and managing the Net14 work; 

15 (B) developing policies, procedures, guide16 lines, rules, and standards necessary to estab17 lish and implement the Network; 

18 (C) ensuring there is coordination among 

19 departments and agencies participating in the 

20 Network in the development and implementa21 tion of the Network; 

22 (D) reviewing, on an ongoing basis, poli23 cies, procedures, guidelines, rules, and stand24 ards related to the implementation of the Net25 work; 
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1 (E) establishing a dispute resolution proc2 ess to resolve disagreements among depart3 ments and agencies about whether particular 

4 information should be shared and in what man5 ner; and 

6 (F) considering such reports as are sub7 mitted by the Advisory Board on Information 

8 Sharing under subsection (i)(2). 

9 (4) REPORTS.—Not later than 1 year after the 

10 date of the enactment of this Act, and annually 

11 thereafter, the Director of Management and Budget, 

12 in the capacity of Chair of the Executive Council, 

13 shall submit a report to the President and to Con14 gress that shall include—

15 (A) a description of the activities and ac16 complishments of the Council in the preceding 

17 year; and 

18 (B) the number and dates of the meetings 

19 held by the Council and a list of attendees at 

20 each meeting. 

21 (5) INFORMING THE PUBLIC.—The Executive 

22 Council shall—

23 (A) make its reports to Congress available 

24 to the public to the greatest extent that is con-
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1 sistent with the protection of classified informa2 tion and applicable law; and 

3 (B) otherwise inform the public of its ac4 tivities, as appropriate and in a manner con5 sistent with the protection of classified informa6 tion and applicable law. 

7 (i) REPORTS.—

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of the enactment of this Act, and semiannu10 ally thereafter, the President through the Director of 

11 Management and Budget shall submit a report to 

12 Congress on the state of the Network and of infor13 mation sharing across the Federal Government. 

14 (2) CONTENT.—Each report under this sub15 section shall include—

16 (A) a progress report on the extent to 

17 which the Network has been implemented, in18 cluding how the Network has fared on the gov19 ernment-wide and agency-specific performance 

20 measures and whether the performance goals 

21 set in the preceding year have been met; 

22 (B) objective systemwide performance 

23 goals for the following year; 

24 (C) an accounting of how much was spent 

25 on the Network in the preceding year; 
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1 (D) actions taken to ensure that agencies 

2 procure new technology that is consistent with 

3 the Network and information on whether new 

4 systems and technology are consistent with the 

5 Network; 

6 (E) the extent to which, in appropriate cir7 cumstances, all terrorism watch lists are avail8 able for combined searching in real time 

9 through the Network and whether there are 

10 consistent standards for placing individuals on, 

11 and removing individuals from, the watch lists, 

12 including the availability of processes for cor13 recting errors; 

14 (F) the extent to which unnecessary road15 blocks, impediments, or disincentives to infor16 mation sharing, including the inappropriate use 

17 of paper-only intelligence products and require18 ments for originator approval, have been elimi19 nated; 

20 (G) the extent to which positive incentives 

21 for information sharing have been implemented; 

22 (H) the extent to which classified informa23 tion is also made available through the Net24 work, in whole or in part, in unclassified form; 
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1 (I) the extent to which State, tribal, and 

2 local officials—

3 (i) are participating in the Network; 

4 (ii) have systems which have become 

5 integrated into the Network; 

6 (iii) are providing as well as receiving 

7 information; and 

8 (iv) are using the Network to commu9 nicate with each other; 

10 (J) the extent to which—

11 (i) private sector data, including infor12 mation from owners and operators of crit13 ical infrastructure, is incorporated in the 

14 Network; and 

15 (ii) the private sector is both pro16 viding and receiving information; 

17 (K) where private sector data has been 

18 used by the Government or has been incor19 porated into the Network—

20 (i) the measures taken to protect sen21 sitive business information; and 

22 (ii) where the data involves informa23 tion about individuals, the measures taken 

24 to ensure the accuracy of such data; 
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1 (L) the measures taken by the Federal 

2 Government to ensure the accuracy of other in3 formation on the Network and, in particular, 

4 the accuracy of information about individuals; 

5 (M) an assessment of the Network‘‘s pri6 vacy and civil liberties protections, including ac7 tions taken in the preceding year to implement 

8 or enforce privacy and civil liberties protections 

9 and a report of complaints received about inter10 ference with an individual’’s privacy or civil lib11 erties; and 

12 (N) an assessment of the security protec13 tions of the Network. 

14 (j) AGENCY RESPONSIBILITIES.—The head of each 

15 department or agency possessing or using intelligence or 

16 homeland security information or otherwise participating 

17 in the Network shall—

18 (1) ensure full department or agency compli19 ance with information sharing policies, procedures, 

20 guidelines, rules, and standards established for the 

21 Network under subsections (c) and (g); 

22 (2) ensure the provision of adequate resources 

23 for systems and activities supporting operation of 

24 and participation in the Network; and 
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1 (3) ensure full agency or department coopera2 tion in the development of the Network and associ3 ated enterprise architecture to implement govern4 mentwide information sharing, and in the manage5 ment and acquisition of information technology con6 sistent with applicable law. 

7 (k) AGENCY PLANS AND REPORTS.—Each Federal 

8 department or agency that possesses or uses intelligence 

9 and homeland security information, operates a system in 

10 the Network or otherwise participates, or expects to par11 ticipate, in the Network, shall submit to the Director of 

12 Management and Budget—

13 (1) not later than 1 year after the date of the 

14 enactment of this Act, a report including—

15 (A) a strategic plan for implementation of 

16 the Network’s requirements within the depart17 ment or agency; 

18 (B) objective performance measures to as19 sess the progress and adequacy of the depart20 ment or agency’s information sharing efforts; 

21 and 

22 (C) budgetary requirements to integrate 

23 the agency into the Network, including pro24 jected annual expenditures for each of the fol-
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1 lowing 5 years following the submission of the 

2 report; and 

3 (2) annually thereafter, reports including—

4 (A) an assessment of the progress of the 

5 department or agency in complying with the 

6 Network’s requirements, including how well the 

7 agency has performed on the objective measures 

8 developed under paragraph (1)(B); 

9 (B) the agency’s expenditures to imple10 ment and comply with the Network’s require11 ments in the preceding year; and 

12 (C) the agency’s or department’s plans for 

13 further implementation of the Network in the 

14 year following the submission of the report. 

15 (l) PERIODIC ASSESSMENTS.—

16 (1) COMPTROLLER GENERAL.—

17 (A) IN GENERAL.—Not later than 1 year 

18 after the date of the enactment of this Act, and 

19 periodically thereafter, the Comptroller General 

20 shall evaluate the implementation of the Net21 work, both generally and, at the discretion of 

22 the Comptroller General, within specific depart23 ments and agencies, to determine the extent of 

24 compliance with the Network’s requirements 

25 and to assess the effectiveness of the Network 
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1 in improving information sharing and collabora2 tion and in protecting privacy and civil liberties, 

3 and shall report to Congress on the findings of 

4 the Comptroller General. 

5 (B) INFORMATION AVAILABLE TO THE

6 COMPTROLLER GENERAL.—Upon request by the 

7 Comptroller General, information relevant to an 

8 evaluation under subsection (a) shall be made 

9 available to the Comptroller General under sec10 tion 716 of title 31, United States Code. 

11 (C) CONSULTATION WITH CONGRESSIONAL

12 COMMITTEES.—If a record is not made avail13 able to the Comptroller General within a rea14 sonable time, before the Comptroller General 

15 files a report under section 716(b)(1) of title 

16 31, United States Code, the Comptroller Gen17 eral shall consult with the Select Committee on 

18 Intelligence of the Senate, the Permanent Se19 lect Committee on Intelligence of the House of 

20 Representatives, the Committee on Govern21 mental Affairs of the Senate, and the Com22 mittee on Government Reform of the House of 

23 Representatives concerning the Comptroller’s 

24 intent to file a report. 
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1 (2) INSPECTORS GENERAL.—The Inspector 

2 General in any Federal department or agency that 

3 possesses or uses intelligence or homeland security 

4 information or that otherwise participates in the 

5 Network shall, at the discretion of the Inspector 

6 General—

7 (A) conduct audits or investigations to—

8 (i) determine the compliance of that 

9 department or agency with the Network’s 

10 requirements; and 

11 (ii) assess the effectiveness of that de12 partment or agency in improving informa13 tion sharing and collaboration and in pro14 tecting privacy and civil liberties; and 

15 (B) issue reports on such audits and inves16 tigations. 

17 (3) CHIEF PRIVACY OFFICERS.—The Chief Pri18 vacy Officers established under section 5092 in any 

19 Federal department or agency that possesses or uses 

20 intelligence or homeland security information or that 

21 otherwise participates in the Network shall, at the 

22 discretion of the Chief Privacy Officer—

23 (A) conduct audits or investigations to en24 sure that the network, or the use of the net-
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1 work by that department or agency, does not 

2 erode privacy protections; and 

3 (B) issue reports on such audits and inves4 tigations. 

5 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated—

7 (1) $50,000,000 to the Director of Management 

8 and Budget to carry out this section for fiscal year 

9 2005; and 

10 (2) such sums as are necessary to carry out this 

11 section in each fiscal year thereafter, to be disbursed 

12 and allocated in accordance with the Network imple13 mentation plan required by subsection (f). 

14 (n) SECTION 1017.—Section 1017 of this Act shall 

15 have no force or effect. 

16 TITLE X—PROTECTING 

17 CRITICAL INFRASTRUCTURE 

18 SEC. 171. CRITICAL INFRASTRUCTURE EVALUATION AND 

19 PRIORITIZATION PROGRAM. 

20 (a) PROGRAM.—Not later than 90 days after the date 

21 of the enactment of this Act, the Secretary of Homeland 

22 Security shall develop, in cooperation with other relevant 

23 Federal agencies, State and local governments, and the 

24 private sector, as appropriate, a prioritized list of national 

25 critical infrastructure and key assets, based on the degree 
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1 to which destruction or significant disruption of such in2 frastructure or assets would result in—

3 (1) substantial human casualties; 

4 (2) a substantial adverse impact on the national 

5 economy; or 

6 (3) a substantial adverse impact on national se7 curity. 

8 (b) SECURITY PLAN.—

9 (1) REQUIREMENT.—Not later than 180 days 

10 after the date of the enactment of this Act, the Sec11 retary, in coordination with other relevant Federal 

12 agencies, State and local governments, and the pri13 vate sector, as appropriate, shall—

14 (A) review existing plans for securing the 

15 critical infrastructure and key assets included 

16 in the list under subsection (a); 

17 (B) recommend changes to existing plans 

18 and develop additional plans for securing such 

19 infrastructure and assets that the Secretary de20 termines necessary; and 

21 (C) coordinate or contribute to protective 

22 efforts of other agencies as directed in Home23 land Security Presidential Directive 7. 

24 (2) CONTENTS OF PLANS.—Recommendations 

25 under paragraph (1) shall include—
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1 (A) recommendations on necessary protec2 tive measures to secure such infrastructure and 

3 assets, including suggested milestones and time4 frames for implementation; and 

5 (B) to the extent practicable, performance 

6 measures to evaluate the benefits to national 

7 and economic security from the implementation 

8 of such protective measures. 

9 (c) IMPLEMENTATION REPORT.—

10 (1) IN GENERAL.—Within one year after the 

11 date of the enactment of this Act, the Secretary 

12 shall submit a report to the appropriate congres13 sional committees (as that term is defined in section 

14 2 of the Homeland Security Act of 2002 (6 U.S.C. 

15 101)) on the implementation of subsection (b). Such 

16 report shall detail—

17 (A) the Secretary’s review, development, 

18 and coordination of security plans under such 

19 subsection; and 

20 (B) the Secretary’s oversight of the execu21 tion and effectiveness of such security plans 

22 (2) UPDATE.—The Secretary shall provide an 

23 updated report under this subsection to the appro24 priate congressional committees one year after the 

25 submission of the report under paragraph (1). 
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1 (d) PROTECTION OF INFORMATION.—Information 

2 that is generated, compiled, or disseminated by the De3 partment of Homeland Security in carrying out this sec4 tion—

5 (1) is exempt from disclosure under section 552 

6 of title 5, United States Code; and 

7 (2) shall not, if provided by the Department to 

8 a State or local government or government agency—

9 (A) be made available pursuant to any 

10 State or local law requiring disclosure of infor11 mation or records; 

12 (B) otherwise be disclosed or distributed to 

13 any person by such State or local government 

14 or government agency without the written con15 sent of the Secretary; or 

16 (C) be used other than for the purpose of 

17 protecting critical infrastructure or protected 

18 systems, or in furtherance of an investigation or 

19 the prosecution of a criminal act. 

20 SEC. 172. DEADLINE FOR COMPREHENSIVE NATIONAL 

21 PLAN TO SECURE CRITICAL INFRASTRUC22 TURE AND KEY ASSETS. 

23 Within one year after the date of the enactment of 

24 this Act, the Secretary of Homeland Security shall develop 

25 a comprehensive national plan for securing critical infra-
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1 structure and key assets and recommend protective meas2 ures for such infrastructures and assets, as required by 

3 paragraphs (5) and (6) of subsection 201(d) of the Home4 land Security Act of 2002 (6 U.S.C. 121(d)). 

5 SEC. 173. REGULATORY AUTHORITY. 

6 (a) IN GENERAL.—The Secretary of Homeland Secu7 rity may promulgate such regulations as the Secretary de8 termines to be necessary to enhance protection of critical 

9 infrastructure in accordance with the plans developed 

10 under the sections l171 and l172 of this Act and the 

11 requirements of paragraphs (5) and (6) of section 201(d) 

12 of the Homeland Security Act of 2002 (6 U.S.C. 121(d)). 

13 (b) CONFORMING AMENDMENT.—Section 877(a) of 

14 the Homeland Security Act of 2002 (6 U.S.C. 457(a)) is 

15 amended by inserting ‘‘paragraphs (5) and (6) of section 

16 201(d) and’’ after ‘‘Except as otherwise provided in’’. 

17 SEC. 174. BEST PRACTICES. 

18 Within one year after the date of the enactment of 

19 this Act, the Secretary of Homeland Security shall—

20 (1) develop, in collaboration with the heads of 

21 other appropriate Federal agencies and in consulta22 tion with the private sector, security-related best 

23 practices for each critical infrastructure sector iden24 tified by the President; 
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1 (2) ensure the broad dissemination of such best 

2 practices to appropriate public and private sector en3 tities and authorities; and 

4 (3) encourage the adoption of such best prac5 tices by such entities and authorities. 

6 TITLE XI—DEFENDING AGAINST 

7 BIOTERRORISM 

8 Subtitle A—National Biodefense 

9 Strategy 

10 SEC. 181. NATIONAL BIODEFENSE STRATEGY. 

11 (a) STRATEGY.—

12 (1) IN GENERAL.—Consistent with the provi13 sions of section 505 of the Homeland Security Act 

14 of 2002 (6 U.S.C. 315) and subsections (a) and (b) 

15 of section 304 of such Act (6 U.S.C. 184), the Sec16 retary of Homeland Security, in consultation with 

17 the heads of other appropriate Federal agencies, 

18 shall develop a comprehensive national biodefense 

19 strategy (in this section referred to as the ‘‘bio20 defense strategy’’) for meeting the requirements, re21 sponsibilities, and authorities of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 101 et seq.), including 

23 sections 201(d)(1), 302(2), and 502(3) of such Act, 

24 with respect to the biodefense mission of the Depart25 ment. 
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1 (2) DEADLINES.—The Secretary shall 

2 (A) develop the biodefense strategy not 

3 later than one year after the date of the enact4 ment of this Act; and 

5 (B) regularly update such strategy as nec6 essary, but not less than every four years. 

7 (b) CONTENTS.—The biodefense strategy shall set 

8 forth the following: 

9 (1) The objectives, missions, and priorities, in10 cluding how such objectives, missions, and priorities 

11 were established and will be updated. 

12 (2) A description of the biological threats to 

13 and vulnerabilities of the Nation, including a 

14 prioritization of such threats in terms of risk. 

15 (3) A specification of each Federal agency with 

16 research and development responsibilities regarding 

17 such objectives, missions, and priorities, and a de18 scription of such responsibilities. 

19 (4) A specification of each Federal agency with 

20 other responsibilities regarding such objectives, mis21 sions, and priorities (including surveillance, threat 

22 and risk analysis, and incident response), and a de23 scription of such responsibilities. 
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1 (5) The mechanisms by which coordination 

2 among the Federal agencies described in paragraphs 

3 (3) and (4) will be achieved. 

4 (6) The role of State and local governments and 

5 private sector institutions in the biodefense strategy, 

6 as identified by the Federal agencies described in 

7 paragraphs (3) and (4) with the responsibility and 

8 mission to coordinate and communicate with State 

9 and local governments and private sector institu10 tions. 

11 (7) The mechanisms by which the Federal 

12 agencies referred to in paragraph (6) coordinate and 

13 communicate with State and local governments and 

14 private sector institutions. 

15 (8) Performance benchmarks to measure 

16 progress in achieving the objectives of the biodefense 

17 strategy, including a specification of expected time18 frames for implementation. 

19 (c) OTHER AGENCY RESPONSIBILITIES.—The Sec20 retary shall obtain the concurrence of the relevant Federal 

21 agency head with respect to such other agency’s respon22 sibilities or activities covered by this section. 

23 (d) SUBMISSION.—Upon its completion, the Sec24 retary shall transmit a copy of the biodefense strategy to 
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1 the Congress in an unclassified form with a classified 

2 annex as appropriate. 

3 Subtitle B—Development of 

4 Medical Countermeasures 

5 SEC. 184. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Rapid Pathogen 

7 Identification to Delivery of Cures Act’’. 

8 SEC. 185. FINDINGS AND POLICY. 

9 (a) FINDINGS.—The Congress finds as follows: 

10 (1) The possibility exists today that terrorists 

11 or others who intend harm to United States forces 

12 deployed abroad or to the homeland will use tech13 niques in biotechnology to enhance the trans14 missibility, stability, virulence, or host range of a bi15 ological agent, or to render existing diagnostic, 

16 therapeutic, and vaccine strategies or innate immune 

17 responses against a biological agent less effective. 

18 (2) This possibility will likely grow over time as 

19 such techniques develop, improve, and spread as an 

20 inevitable result of biotechnology innovation. 

21 (3) Natural processes can also lead to the emer22 gence of previously unknown and harmful pathogens 

23 or render known pathogens resistant to existing di24 agnostic, therapeutic, or adaptive immune ap25 proaches. 
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1 (4) Long delays in developing new and effective 

2 responses to pathogens are typical. The discovery, 

3 development, and approval process for new drugs 

4 and vaccines typically requires 10 to 20 years and 

5 costs an average of $800 million. These constraints 

6 reflect the long, costly research and development 

7 process, including the failure of most drug or vac8 cine candidates to demonstrate favorable characteris9 tics in pre-clinical testing, as well as the expensive, 

10 time-consuming clinical trials required to prove the 

11 safety and effectiveness of new treatments. 

12 (5) Congress has already authorized the 

13 abridgement of the long testing and approval process 

14 required to ensure safety and efficacy under the 

15 emergency conditions of a severe outbreak of a 

16 harmful pathogen. However, it will likely still take 

17 years for even an experimental treatment or vaccine 

18 to become available. 

19 (6) There is no coordinated, focused research 

20 and development program or overall national strat21 egy to achieve significant and dramatic reductions in 

22 the timeframe from the identification of a pathogen 

23 to the development and emergency approval for 

24 human use of reasonably safe and effective new bio-
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1 defense medical countermeasures against a pre2 viously unknown or engineered pathogen or toxin. 

3 (7) Even utilizing existing technologies, there is 

4 no organized capability in the public or private sec5 tor to rapidly screen drug candidates for potential 

6 therapeutic activity against pathogens, develop and 

7 manufacture drug, biological, or medical device prod8 ucts, or test already approved treatments for efficacy 

9 against a previously unknown or engineered biologi10 cal threat that puts our deployed armed forces or 

11 the homeland at risk. 

12 (8) In the area of infectious disease in par13 ticular, private sector firms are abandoning all types 

14 of innovation and research and development in favor 

15 of investments in more profitable medical markets. 

16 (9) Tremendous potential exists for benefits to 

17 health by concerted, targeted public-private invest18 ment to dramatically reduce the timeframe for the 

19 development of new countermeasures. The pharma20 ceutical and biotechnology industries are fundamen21 tally innovative and are quick to integrate new tech22 nologies. Useful and important discoveries and tech23 nological advances will be rapidly absorbed by the 

24 private sector, leading to faster delivery of new 
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1 medicines and reductions in the costs of drug devel2 opment. 

3 (b) POLICY.—The Congress hereby declares it to be 

4 the national policy of the United States to promote techno5 logical advancements that will dramatically reduce the 

6 timeframe for the development of new medical counter7 measures to treat or prevent disease caused by infectious 

8 disease agents or toxins that, through natural processes 

9 or intentional introduction, may pose a significant risk to 

10 public health now or in the future. 

11 SEC. 186. RAPID BIODEFENSE COUNTERMEASURES DEVEL12 OPMENT NATIONAL STRATEGY. 

13 Title III of the Homeland Security Act of 2002 (6 

14 U.S.C. 181 et seq.) (Public Law 107–296) is amended by 

15 inserting after section 304 the following section: 

16 ‘‘SEC. 304A. RAPID BIODEFENSE COUNTERMEASURES DE17 VELOPMENT NATIONAL STRATEGY. 

18 ‘‘(a) NATIONAL STRATEGY FOR SHORTENING THE

19 MEDICAL COUNTERMEASURE DEVELOPMENT TIME20 FRAME.—Not later than 180 days after the date of the 

21 enactment of the Rapid Pathogen Identification to Deliv22 ery of Cures Act, the Secretaries of Homeland Security, 

23 Health and Human Services, and Defense shall submit to 

24 Congress a report setting forth a strategy to achieve dra25 matic reductions in the timeframe from pathogen identi-
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1 fication to the development and emergency approval for 

2 human use of reasonably safe and effective priority coun3 termeasure against a novel or unknown pathogen or toxin. 

4 ‘‘(b) ELEMENTS.—The report under subsection (a) 

5 shall include the following: 

6 ‘‘(1) The identification of the technical impedi7 ments to reductions in the timeframe from pathogen 

8 identification to priority countermeasure develop9 ment and approval under emergency conditions. 

10 ‘‘(2) The identification of the research, develop11 ment, and technology needs and clinical research 

12 needs to address these impediments. 

13 ‘‘(3) The identification of existing research and 

14 development efforts in Federal agencies, academia 

15 and industry that are addressing the needs identified 

16 in subsection (c)(2). 

17 ‘‘(4) The identification of facilities, programs 

18 and resources that can be utilized to address these 

19 research, development, and technology needs and 

20 clinical research needs among—

21 ‘‘(A) Federal agencies; 

22 ‘‘(B) colleges and universities; 

23 ‘‘(C) not-for-profit institutions; 

24 ‘‘(D) industry, including information tech25 nology, software, robotics, pharmaceutical and 
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1 biotechnology companies and their consortia; 

2 and 

3 ‘‘(E) foreign research and technological in4 stitutions. 

5 ‘‘(5) A proposal for the establishment of a co6 ordinated and integrated federal program to address 

7 these research, development, and technology needs, 

8 including—

9 ‘‘(A) the application of Federal Govern10 ment resources, including recommendations for 

11 the allocation and prioritization of Federal 

12 funds; 

13 ‘‘(B) interagency management and coordi14 nation mechanisms; 

15 ‘‘(C) the establishment of partnerships be16 tween private corporations and Federal agencies 

17 or Federally funded entities; 

18 ‘‘(D) information and technology sharing 

19 and coordination mechanisms among public, 

20 private, academic, not-for-profit, and inter21 national institutions; 

22 ‘‘(E) the use of incentives to promote pri23 vate sector participation; and 
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1 ‘‘(F) the adjustment of Federal regulatory 

2 requirements to promote private sector innova3 tion. 

4 ‘‘(6) The identification of potential liability con5 cerns stemming from distribution of rapidly-devel6 oped priority countermeasures under emergency con7 ditions and a proposal for regulatory or legislative 

8 approaches to eliminating these concerns. 

9 ‘‘(7) A proposal for managing the transfer of 

10 new technologies and associated intellectual property 

11 rights. 

12 ‘‘(c) CONSIDERATIONS.—In developing the national 

13 strategy under subsection (a), the Secretaries shall con14 sider—

15 ‘‘(1) The research, development, and technology 

16 needs and clinical research needs of the entire 

17 pathogen identification to priority countermeasures 

18 discovery, development, production, and Approval 

19 process, including—

20 ‘‘(A) initial identification and characteriza21 tion of a pathogen or toxin, including the iden22 tification of any genetic or other manipulations; 

23 ‘‘(B) priority countermeasures discovery; 

24 ‘‘(C) pre-clinical testing and evaluation of 

25 priority countermeasures; 
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1 ‘‘(D) safety and efficacy animal testing, in2 cluding the needs for approval under emergency 

3 conditions and accelerated approval of new pri4 ority countermeasure under the final rule ‘New 

5 Drug and Biological Drug Products; Evidence 

6 Needed to Demonstrate Effectiveness of New 

7 Drugs When Human Efficacy Studies Are Not 

8 Ethical or Feasible’ published in the Federal 

9 Register on May 31, 2002 (67 Fed. Reg. 

10 37988); 

11 ‘‘(E) safety and efficacy human testing, in12 cluding mechanisms for the conduct of clinical 

13 trials under emergency conditions; 

14 ‘‘(F) research-scale and full production15 scale manufacturing, including biologics manu16 facturing sciences; and 

17 ‘‘(G) the approval of priority counter18 measure under emergency conditions; 

19 ‘‘(2) the potential importance of advanced tech20 nologies such as automation, computer modeling and 

21 simulation, bioinformatics, pharmacogenomics, and 

22 bioengineering techniques for manufacturing; 

23 ‘‘(3) the availability of sufficient manufacturing 

24 capacity for priority countermeasures production to 
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1 meet potential public demand under emergency con2 ditions; and 

3 ‘‘(4) the current state of national and inter4 national collaborative research networks and applica5 tions to facilitate and encourage the rapid and co6 ordinated development and sharing of laboratory and 

7 clinical research planning and results. 

8 ‘‘(d) AUTHORITY TO CONTRACT.—The Secretary of 

9 Homeland Security, after consultation with the Secre10 taries of Health and Human Services and Defense and 

11 the working group established under section 319F(a) of 

12 the Public Health Service Act, may contract with any one 

13 or more for-profit or non-profit firm or institution to con14 duct the necessary research and analysis needed to com15 plete any one or more of the elements described in sub16 section (b) of the report required in this section, provided 

17 the considerations described in subsection (c) are met. 

18 ‘‘(e) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘emergency conditions’ refers to 

20 a declaration of emergency under section 564 of the 

21 Federal Food, Drug, and Cosmetic Act. 

22 ‘‘(2) The term ‘pathogen identification’ means 

23 the point in time in which a specific agent that can 

24 be reasonably assumed to be the cause of (or has the 

25 potential to be the cause of) an infectious disease or 
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1 toxin-induced syndrome has been identified and par2 tially or wholly characterized scientifically. 

3 ‘‘(3) The term ‘priority countermeasure’ has 

4 the same meaning given such term in section 

5 319F(h) of the Public Health Service Act. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

7 purpose of carrying out this section, there is authorized 

8 to be appropriated $10,000,000 for fiscal year 2005.’’. 

9 SEC. 187. CLINICAL RESEARCH UNDER EMERGENCY CONDI10 TIONS. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of the enactment of this Act, the Secretary of Health 

13 and Human Services shall establish a system for the rapid 

14 establishment of clinical research programs to examine the 

15 safety and efficacy of new or existing treatments for novel, 

16 unknown, or bioengineered pathogens or toxins. The Sec17 retary shall also provide the means for rapid dissemination 

18 of results and recommendations to clinicians nationwide. 

19 (b) EMERGENCY FUND.—A fund is authorized to be 

20 established for use, at the discretion of the Secretary, sole21 ly for the support of clinical research as described in sub22 section (a). 

23 SEC. 188. INTERAGENCY WORKING GROUP. 

24 Section 319F(a) of the Public Health Service Act, as 

25 amended by Public Law 107–188, is amended—
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1 (1) by inserting ‘‘the Secretary of Homeland 

2 Security,’’ after ‘‘in coordination with the’’; 

3 (2) by redesignating subparagraphs (D) 

4 through (L) as subparagraphs (E) through (M), re5 spectively; and 

6 (3) by inserting after subparagraph (C) the fol7 lowing subparagraph: 

8 ‘‘(D) development of a national strategy to 

9 achieve dramatic reductions in the timeframe 

10 from the identification of a pathogen to the de11 velopment and approval for human use under 

12 emergency conditions of priority counter13 measures against a novel, unknown, or engi14 neered pathogen or toxin;’’. 

15 SEC. 189. DEVELOPING THE CAPABILITY FOR RAPID BIO16 DEFENSE COUNTERMEASURE DEVELOP17 MENT. 

18 (a) RESEARCH.—Section 319F(h)(1) of the Public 

19 Health Service Act, as amended by Public Law 107–188, 

20 is amended 

21 (1) in subparagraph (C), by striking ‘‘and’’ 

22 after the semicolon; 

23 (2) by redesignating subparagraph (D) as sub24 paragraph (E); and 
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1 (3) by inserting after subparagraph (C) the fol2 lowing subparagraph: 

3 ‘‘(D) the development of a capability to 

4 rapidly identify, develop, produce, and approve 

5 for human use under emergency conditions pri6 ority countermeasures against a novel, un7 known, or engineered pathogen or toxin; and’’. 

8 (b) RESEARCH AND DEVELOPMENT AT THE DEPART9 MENT OF DEFENSE.—Section 1601(a) of the National 

10 Defense Authorization Act for Fiscal Year 2004 (Public 

11 Law 108–136) is amended by adding at the end the fol12 lowing: ‘‘The program shall also include research, develop13 ment, and procurement to provide the Federal Govern14 ment with the capability to rapidly identify, develop, 

15 produce, and approve for human use under emergency 

16 conditions priority countermeasures against a novel, un17 known, or engineered pathogen or toxin, and for which no 

18 existing countermeasure has been determined to be safe 

19 or efficacious.’’. 

20 (c) RESEARCH AND DEVELOPMENT AT THE DEPART21 MENT OF HOMELAND SECURITY.—Title III of the Home22 land Security Act of 2002, as amended by section 186 of 

23 this Act, is amended by inserting after section 304A the 

24 following section: 
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1 ‘‘SEC. 304B. DEVELOPING THE CAPABILITY FOR RAPID BIO2 DEFENSE COUNTERMEASURE DEVELOP3 MENT. 

4 ‘‘The Secretary, in collaboration with the Secretaries 

5 of Defense and Health and Human Services, shall carry 

6 out a program for research, development, and procure7 ment to provide the Federal Government with the capa8 bility to rapidly identify, develop, produce, and approve for 

9 human use under emergency conditions priority counter10 measures against a novel, unknown, or engineered patho11 gen or toxin, and for which no existing countermeasure 

12 has been determined to be safe or efficacious.’’. 

13 TITLE XII—CHEMICAL SECURITY 

14 IMPROVEMENT 

15 SEC. 191. SHORT TITLE. 

16 This title may be cited as the ‘‘Chemical Security Im17 provement Act of 2004’’. 

18 SEC. 192. DEFINITIONS. 

19 In this title: 

20 (1) ALTERNATIVE APPROACHES.—The term 

21 ‘‘alternative approach’’ means an approach that sig22 nificantly reduces or eliminates the threat or con23 sequences of a terrorist release from a chemical 

24 source, including an approach that—
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1 (A) uses smaller quantities, nonhazardous 

2 forms, or less hazardous forms of dangerous 

3 substances; 

4 (B) replaces a dangerous substance with a 

5 nonhazardous or less hazardous substance; or 

6 (C) uses nonhazardous or less hazardous 

7 conditions or processes. 

8 (2) CHEMICAL SOURCE.—The term ‘‘chemical 

9 source’’ means a non-Federal facility listed by the 

10 Secretary under section 193(e) as a chemical source. 

11 (3) DANGEROUS SUBSTANCE.—The term ‘‘dan12 gerous substance’’ means a substance present at a 

13 chemical source that—

14 (A) can cause death, injury, or serious ad15 verse effects to human health or the environ16 ment; or 

17 (B) could harm critical infrastructure or 

18 national security. 

19 (4) DEPARTMENT.—The term ‘‘Department’’ 

20 means the Department of Homeland Security. 

21 (5) ENVIRONMENT.—The term ‘‘environment’’ 

22 means—

23 (A) the navigable waters, the waters of the 

24 contiguous zone, and the ocean waters of which 

25 the natural resources are under the exclusive 
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1 management authority of the United States; 

2 and 

3 (B) any other surface water, ground water, 

4 drinking water supply, land surface or sub5 surface strata, or ambient air within the United 

6 States or under the jurisdiction of the United 

7 States. 

8 (6) FULL CONSIDERATION.—The term ‘‘full 

9 consideration’’ includes an analysis of—

10 (A) alternative approaches, including the 

11 benefits and risks of such approaches; 

12 (B) the potential of the alternative ap13 proaches to prevent or reduce the threat or con14 sequences of a terrorist release; 

15 (C) the cost and technical feasibility of al16 ternative approaches; and 

17 (D) the effect of alternative approaches on 

18 product quality, product cost, and employee 

19 safety. 

20 (7) OWNER OR OPERATOR.—The term ‘‘owner 

21 or operator’’ means any person who owns, leases, op22 erates, controls, or supervises a chemical source. 

23 (8) RELEASE.—The term ‘‘release’’ means any 

24 spilling, leaking, pumping, pouring, emitting, 

25 emptying, discharging, injecting, escaping, leaching, 
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1 dumping, or disposing into the environment (includ2 ing the abandonment or discarding of barrels, con3 tainers, and other closed receptacles containing any 

4 hazardous substance or pollutant or contaminant), 

5 but excludes—

6 (A) any release which results in exposure 

7 to persons solely within a workplace, with re8 spect to a claim which such persons may assert 

9 against the employer of such persons; 

10 (B) emissions from the engine exhaust of 

11 a motor vehicle, rolling stock, aircraft, vessel, or 

12 pipeline pumping station engine; or 

13 (C) the normal application of fertilizer. 

14 (9) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Homeland Security. 

16 (10) SECURITY MEASURE.—

17 (A) IN GENERAL.—The term ‘‘security 

18 measure’’ means an action carried out to ensure 

19 or enhance the security of a chemical source. 

20 (B) INCLUSIONS.—The term ‘‘security 

21 measure’’, with respect to a chemical source, in22 cludes measures such as—

23 (i) employee training and background 

24 checks; 
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1 (ii) the limitation and prevention of 

2 access to controls of the chemical source; 

3 (iii) the protection of the perimeter of 

4 the chemical source, including the deploy5 ment of armed physical security personnel; 

6 (iv) the installation and operation of 

7 intrusion detection sensors; 

8 (v) the implementation of measures to 

9 increase computer or computer network se10 curity; 

11 (vi) the installation of measures to 

12 protect against long-range weapons; 

13 (vii) the installation of measures and 

14 controls to protect against or reduce the 

15 consequences of a terrorist attack; and 

16 (viii) the implementation of any other 

17 security-related measures or the conduct of 

18 any similar security-related activity, as de19 termined by the Secretary. 

20 (11) TERRORISM.—The term ‘‘terrorism’’ has 

21 the meaning given to that term in section 2 of the 

22 Homeland Security Act of 2002 (6 U.S.C. 101). 

23 (12) TERRORIST RELEASE.—The term ‘‘ter24 rorist release’’ means—
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1 (A) a release from a chemical source into 

2 the environment of a dangerous substance that 

3 is caused by an act of terrorism; and 

4 (B) the theft of a dangerous substance by 

5 a person for off-site release in furtherance of an 

6 act of terrorism. 

7 SEC. 193. VULNERABILITY ASSESSMENTS AND SITE SECU8 RITY PLANS. 

9 (a) REQUIREMENT.—

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of the enactment of this subtitle, the Sec12 retary shall promulgate regulations that—

13 (A) require the owner or operator of each 

14 chemical source—

15 (i) to conduct an assessment of the 

16 vulnerability of the chemical source to a 

17 terrorist release; and 

18 (ii) to prepare and implement a site 

19 security plan that addresses the results of 

20 the vulnerability assessment; and 

21 (B) establish procedures, protocols, and 

22 standards for vulnerability assessments and site 

23 security plans. 

24 (2) CONTENTS OF VULNERABILITY ASSESS25 MENT.—A vulnerability assessment required under 
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1 the regulations promulgated under paragraph (1) or 

2 any assessment determined substantially equivalent 

3 by the Secretary under subsection (c) shall include 

4 the identification and evaluation of—

5 (A) critical assets and infrastructures; 

6 (B) hazards that may result from a ter7 rorist release; and 

8 (C) weaknesses in—

9 (i) physical security; 

10 (ii) structural integrity of contain11 ment, processing, and other critical infra12 structure; 

13 (iii) protection systems; 

14 (iv) procedural and employment poli15 cies; 

16 (v) communication systems; 

17 (vi) transportation infrastructure in 

18 the proximity of the chemical source; 

19 (vii) utilities; 

20 (viii) contingency response; and 

21 (ix) other areas as determined by the 

22 Secretary. 

23 (3) CONTENTS OF SITE SECURITY PLAN.—A 

24 site security plan required under the regulations pro-
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1 mulgated under paragraph (1) or any plan sub2 mitted to the Secretary under subsection (c)—

3 (A) shall include security measures to sig4 nificantly reduce the vulnerability of the chem5 ical source covered by the plan to a terrorist re6 lease; 

7 (B) shall describe, at a minimum, par8 ticular equipment, plans, and procedures that 

9 could be implemented or used by or at the 

10 chemical source in the event of a terrorist re11 lease; 

12 (C) shall include full consideration and, 

13 where practicable in the judgment of the owner 

14 or operator of the chemical source, implementa15 tion of options to reduce the threat of a ter16 rorist release through the use of alternative ap17 proaches; and 

18 (D) shall be developed in consultation with 

19 local law enforcement and first responders. 

20 (4) SECURITY EXERCISES.—Not later than 1 

21 year after the date of the enactment of this subtitle, 

22 the Secretary shall promulgate regulations estab23 lishing procedures, protocols, and standards for the 

24 conduct of security exercises, including—
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1 (A) the performance of force-on-force exer2 cises that—

3 (i) involve physical security personnel 

4 employed by the owner or operator of the 

5 chemical source to act as the force des6 ignated to defend the facility; 

7 (ii) involve personnel designated by 

8 the Secretary to act as the force des9 ignated to simulate a terrorist attempt to 

10 attack the chemical source to cause a ter11 rorist release; 

12 (iii) are designed, overseen, and evalu13 ated by the Department; and 

14 (iv) are conducted at least once every 

15 3 years; and 

16 (B) the performance of all other such exer17 cises at periodic intervals necessary to ensure 

18 the optimal performance of security measures. 

19 (5) GUIDANCE TO SMALL ENTITIES.—Not later 

20 than 1 year after the date of the enactment of this 

21 Act, the Secretary shall publish guidance to assist 

22 small entities in complying with paragraphs (2) and 

23 (3). 

24 (6) THREAT INFORMATION.—To the maximum 

25 extent practicable under applicable authority and in 
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1 the interests of national security, the Secretary shall 

2 provide to an owner or operator of a chemical source 

3 required to prepare a vulnerability assessment and 

4 site security plan threat information that is relevant 

5 to the chemical source. 

6 (7) COORDINATED ASSESSMENTS AND PLANS.—

7 The regulations promulgated under paragraph (1) 

8 shall permit the development and implementation of 

9 coordinated vulnerability assessments and site secu10 rity plans in any case in which more than 1 chemical 

11 source is operating at a single location or at contig12 uous locations, including cases in which a chemical 

13 source is under the control of more than 1 owner or 

14 operator. 

15 (b) CERTIFICATION AND SUBMISSION.—

16 (1) IN GENERAL.—Except as provided in sub17 section (c), each owner or operator of a chemical 

18 source shall certify in writing to the Secretary that 

19 the owner or operator has completed a vulnerability 

20 assessment and has developed and implemented (or 

21 is implementing) a site security plan in accordance 

22 with this title, including—

23 (A) regulations promulgated under sub24 section (a)(1); and 
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1 (B) any existing vulnerability assessment 

2 or security plan endorsed by the Secretary 

3 under subsection (c)(1). 

4 (2) SUBMISSION.—

5 (A) IN GENERAL.—Not later than 18 

6 months after the date of the promulgation of 

7 regulations under subsection (a)(1), an owner 

8 or operator of a chemical source shall provide to 

9 the Secretary copies of the vulnerability assess10 ment and site security plan of the chemical 

11 source for review. 

12 (B) CERTIFICATION.—

13 (i) IN GENERAL.—Not later than 2 

14 years after the date on which the Secretary 

15 receives copies of the vulnerability assess16 ment and site security plan of a chemical 

17 source under subparagraph (A), the Sec18 retary shall determine whether the chem19 ical source is in compliance with the re20 quirements of this title, including—

21 (I) paragraph (1); 

22 (II) regulations promulgated 

23 under subsections (a)(1) and (a)(3); 

24 and 
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1 (III) any existing vulnerability 

2 assessment or site security plan en3 dorsed by the Secretary under sub4 section (c)(1). 

5 (ii) CERTIFICATE.—If the Secretary 

6 determines that the chemical source is in 

7 compliance with the requirements of this 

8 title, the Secretary shall provide to the 

9 chemical source and make available for 

10 public inspection a certificate of approval 

11 that contains the following statement (in 

12 which statement the bracketed space shall 

13 be the name of the chemical source): 

14 ‘‘[llll] is in compliance with the 

15 Chemical Security Improvement Act of 

16 2004.’’. 

17 (iii) DETERMINATION OF NONCOMPLI18 ANCE.—If the Secretary determines under 

19 clause (i) that a chemical source is not in 

20 compliance with the requirements of this 

21 title, the Secretary shall exercise the au22 thority provided in section 195. 

23 (iv) REPORT TO CONGRESS.—Not 

24 later than 1 year after the promulgation of 

25 regulations in subsection (a)(1) and for 
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1 every year afterwards, the Secretary shall 

2 submit to the Congress a report outlining 

3 the number of facilities that have provided 

4 vulnerability assessments and site security 

5 plans to the Secretary, what portion of 

6 these submissions have been reviewed by 

7 the Secretary, and what portion of these 

8 submissions are in compliance with clause 

9 (i). 

10 (3) OVERSIGHT.—

11 (A) IN GENERAL.—The Secretary shall, at 

12 such times and places as the Secretary deter13 mines to be appropriate, conduct or require the 

14 conduct of vulnerability assessments and other 

15 activities (including qualified third-party audits) 

16 to ensure and evaluate compliance with this 

17 title (including regulations promulgated under 

18 subsection (a)(1) and (c)(1)). 

19 (B) RIGHT OF ENTRY.—In carrying out 

20 this title, the Secretary (or a designee), on pres21 entation of credentials, shall have a right of 

22 entry to, on, or through any premises of an 

23 owner or operator of a chemical source. 

24 (C) REQUESTS FOR RECORDS.—In car25 rying out this title, the Secretary (or a des-
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1 ignee) may require the submission of, or, on 

2 presentation of credentials, may at reasonable 

3 times seek access to and copy any documenta4 tion necessary for—

5 (i) review or analysis of a vulnerability 

6 assessment or site security plan; or 

7 (ii) implementation of a site security 

8 plan. 

9 (D) COMPLIANCE.—If the Secretary deter10 mines that an owner or operator of a chemical 

11 source is not maintaining, producing, or permit12 ting access to the premises of a chemical source 

13 or records as required by this paragraph, the 

14 Secretary may issue an order requiring compli15 ance with the relevant provisions of this section. 

16 (E) QUALIFIED THIRD-PARTY AUDITS.—

17 The Secretary shall establish standards as to 

18 the qualifications of third-party auditors. Such 

19 standards shall ensure the qualifications of the 

20 third-party auditor provide sufficient expertise 

21 in—

22 (i) chemical site security 

23 vulnerabilities; 

24 (ii) chemical site security measures; 

25 and 
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1 (iv) such other areas as the Secretary 

2 determines to be appropriate and nec3 essary. 

4 (4) SUBMISSION OF CHANGES.—The owner or 

5 operator of a chemical source shall provide to the 

6 Secretary a description of any significant change 

7 that is made to the vulnerability assessment or site 

8 security plan required for the chemical source under 

9 this section, not later than 90 days after the date 

10 the change is made. 

11 (c) EXISTING VULNERABILITY ASSESSMENTS AND

12 SECURITY PLANS.—Upon submission of a petition by an 

13 owner or operator of a chemical source to the Secretary 

14 in conjunction with a submission under subsection 

15 (b)(2)(A), the Secretary—

16 (1) may endorse any vulnerability assessment or 

17 security plan—

18 (A) that was conducted, developed, or re19 quired by—

20 (i) industry; 

21 (ii) State or local authorities; or 

22 (iii) other applicable law; 

23 (B) that was conducted before, on, or after 

24 the date of enactment of this title; and 
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1 (C) the contents of which the Secretary de2 termines meet the standards established under 

3 the requirements of subsections (a)(1), (a)(2), 

4 and (a)(3); and 

5 (2) may make an endorsement of an existing 

6 vulnerability assessment or security plan under para7 graph (1) contingent on modification of the vulner8 ability assessment or security plan to address—

9 (A) a particular threat or type of threat; or 

10 (B) a requirement under (a)(2) or (a)(3). 

11 (d) REGULATORY CRITERIA.—In exercising the au12 thority under subsections (a), (b), (c), or (e) with respect 

13 to a chemical source, the Secretary shall consider—

14 (1) the likelihood that a chemical source will be 

15 the target of terrorism; 

16 (2) the potential extent of death, injury, or seri17 ous adverse effects to human health or the environ18 ment that would result from a terrorist release; 

19 (3) the potential harm to critical infrastructure 

20 and national security from a terrorist release; and 

21 (4) such other security-related factors as the 

22 Secretary determines to be appropriate and nec23 essary to protect the public health and welfare, crit24 ical infrastructure, and national security. 

25 (e) LIST OF CHEMICAL SOURCES.—
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this title, the Sec3 retary shall develop a list of chemical sources in ex4 istence as of that date. 

5 (2) CONSIDERATIONS.—In developing the list 

6 under paragraph (1), the Secretary shall take into 

7 consideration the criteria specified in subsection (d). 

8 (3) PRIORITIZATION.—In developing the list 

9 under paragraph (1), the Secretary shall determine 

10 the potential extent of death, injury, or severe ad11 verse effects to human health that would result from 

12 a terrorist release of dangerous substances from a 

13 chemical source. 

14 (4) SCOPE.—In developing the list under para15 graph (1), the Secretary shall include at least those 

16 facilities that pose a risk of potential death, injury, 

17 or severe adverse effects to not fewer than 1000 in18 dividuals. 

19 (5) FUTURE DETERMINATIONS.—Not later than 

20 3 years after the date of the promulgation of regula21 tions under subsection (a)(1), and every 3 years 

22 thereafter, the Secretary shall, after considering the 

23 criteria described in subsection (d)—

24 (A) determine whether additional facilities 

25 (including, as of the date of the determination, 
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1 facilities that are operational and facilities that 

2 will become operational in the future) shall be 

3 considered to be a chemical source under this 

4 title; 

5 (B) determine whether any chemical source 

6 identified on the most recent list under para7 graph (1) no longer presents a risk sufficient to 

8 justify retention of classification as a chemical 

9 source under this title; and 

10 (C) update the list as appropriate. 

11 (f) 5-YEAR REVIEW.—Not later than 5 years after 

12 the date of the certification of a vulnerability assessment 

13 and a site security plan under subsection (b)(1), and not 

14 less often than every 5 years thereafter (or on such a 

15 schedule as the Secretary may establish by regulation), the 

16 owner or operator of the chemical source covered by the 

17 vulnerability assessment or site security plan shall—

18 (1) ensure the vulnerability assessment and site 

19 security plan meet the most recent regulatory stand20 ards issued under subsection (a)(1); and 

21 (2)(A) certify to the Secretary that the chemical 

22 source has completed the review and implemented 

23 any modifications to the site security plan; and 
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1 (B) submit to the Secretary a description of 

2 any changes to the vulnerability assessment or site 

3 security plan. 

4 (g) PROTECTION OF INFORMATION.—

5 (1) CRITICAL INFRASTRUCTURE INFORMA6 TION.—Except with respect to certifications specified 

7 in subsections (b)(1), (b)(2), and (f)(2)(A), vulner8 ability assessments and site security plans obtained 

9 in accordance with this title, and all information de10 rived from those vulnerability assessments and site 

11 security plans that could pose a risk to a particular 

12 chemical source, shall be deemed critical infrastruc13 ture information as defined in section 212 of the 

14 Homeland Security Act of 2002 (6 U.S.C. 101 et 

15 seq.), and subject to all protections under sections 

16 213 and 214 of that Act. 

17 (2) EXCEPTIONS TO PENALTIES.—Section 

18 214(f) of the Homeland Security Act of 2002 (6 

19 U.S.C. 133(f)) shall not apply to a person described 

20 in that section that discloses information described 

21 in paragraph (1)—

22 (A) for use in any administrative or judi23 cial proceeding to impose a penalty for failure 

24 to comply with a requirement of this title; or 
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1 (B) for the purpose of making a disclosure 

2 evidencing government, owner or operator, or 

3 employee activities that threaten the security of 

4 a chemical source or are inconsistent with the 

5 requirements of this title. 

6 (3) RULE OF CONSTRUCTION.—Nothing in this 

7 subsection shall be construed to authorize the with8 holding of information from members of Congress 

9 acting in their official capacity. 

10 SEC. 194. WHISTLEBLOWER PROTECTION. 

11 (a) IN GENERAL.—No person employed at a chemical 

12 source may be discharged, demoted, suspended, threat13 ened, harassed, or in any other manner discriminated 

14 against because of any lawful act done by the person—

15 (1) to provide information, cause information to 

16 be provided, or otherwise assist in an investigation 

17 regarding any conduct which the person reasonably 

18 believes constitutes a violation of any law, rule or 

19 regulation related to the security of the chemical 

20 source, or any other threat to the security of the 

21 chemical source, when the information or assistance 

22 is provided to or the investigation is conducted by—

23 (A) a Federal regulatory or law enforce24 ment agency; 
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1 (B) any member or committee of the Con2 gress; or 

3 (C) a person with supervisory authority 

4 over the person (or such other person who has 

5 the authority to investigate, discover, or termi6 nate misconduct); or 

7 (2) to file, cause to be filed, testify in, partici8 pate in, or otherwise assist in a proceeding or action 

9 filed or about to be filed relating to a violation of 

10 any law, rule, or regulation related to the security of 

11 a chemical source or any other threat to the security 

12 of a chemical source; or 

13 (3) to refuse to violate or assist in the violation 

14 of any law, rule, or regulation related to the security 

15 of chemical sources. 

16 (b) ENFORCEMENT ACTION.—

17 (1) IN GENERAL.—A person who alleges dis18 charge or other discrimination by any person in vio19 lation of subsection (a) may seek relief under sub20 section (c) by—

21 (A) filing a complaint with the Secretary of 

22 Labor; or 

23 (B) if the Secretary of Labor has not 

24 issued a final decision within 180 days of the 

25 filing of the complaint and there is no showing 
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1 that such delay is due to the bad faith of the 

2 claimant, bringing an action at law or equity 

3 for de novo review in the appropriate district 

4 court of the United States, which shall have ju5 risdiction over such an action without regard to 

6 the amount in controversy. 

7 (2) PROCEDURE.—

8 (A) IN GENERAL.—An action under para9 graph (1)(A) shall be governed under the rules 

10 and procedures set forth in section 42121(b) of 

11 title 49, United States Code. 

12 (B) EXCEPTION.—Notification made under 

13 section 42121(b)(1) of title 49, United States 

14 Code, shall be made to the person named in the 

15 complaint and to the person’s employer. 

16 (C) BURDENS OF PROOF.—An action 

17 brought under paragraph (1)(B) shall be gov18 erned by the legal burdens of proof set forth in 

19 section 42121(b) of title 49, United States 

20 Code. 

21 (D) STATUTE OF LIMITATIONS.—An action 

22 under paragraph (1) shall be commenced not 

23 later than 90 days after the date on which the 

24 violation occurs. 

25 (c) REMEDIES.—
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1 (1) IN GENERAL.—A person prevailing in any 

2 action under subsection (b)(1) shall be entitled to all 

3 relief necessary to make the person whole. 

4 (2) COMPENSATORY DAMAGES.—Relief for any 

5 action under paragraph (1) shall include—

6 (A) reinstatement with the same seniority 

7 status that the person would have had, but for 

8 the discrimination; 

9 (B) the amount of back pay, with interest; 

10 and 

11 (C) compensation for any special damages 

12 sustained as a result of the discrimination, in13 cluding litigation costs, expert witness fees, and 

14 reasonable attorney fees. 

15 (d) RIGHTS RETAINED BY PERSON.—Nothing in this 

16 section shall be deemed to diminish the rights, privileges, 

17 or remedies of any person under any Federal or State law, 

18 or under any collective bargaining agreement. 

19 SEC. 195. ENFORCEMENT. 

20 (a) FAILURE TO COMPLY.—If an owner or operator 

21 of a chemical source fails to certify or submit a vulner22 ability assessment or site security plan in accordance with 

23 this title, the Secretary may issue an order requiring the 

24 certification and submission of a vulnerability assessment 

25 or site security plan in accordance with section 193(b). 
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1 (b) DISAPPROVAL.—The Secretary may disapprove 

2 under subsection (a) a vulnerability assessment or site se3 curity plan submitted under section 193(b) or (c) if the 

4 Secretary determines that—

5 (1) the vulnerability assessment or site security 

6 plan does not comply with regulations promulgated 

7 under section 193(a)(1), or the procedure, protocol, 

8 or standard endorsed or recognized under section 

9 193(c); or 

10 (2) the site security plan, or the implementation 

11 of the site security plan, is insufficient to address—

12 (A) the results of a vulnerability assess13 ment of a chemical source; or 

14 (B) a threat of a terrorist release. 

15 (c) COMPLIANCE.—If the Secretary disapproves a 

16 vulnerability assessment or site security plan of a chemical 

17 source under subsection (b), the Secretary shall—

18 (1) provide the owner or operator of the chem19 ical source a written notification of the determina20 tion that includes a clear explanation of deficiencies 

21 in the vulnerability assessment, site security plan, or 

22 implementation of the assessment or plan; 

23 (2) consult with the owner or operator of the 

24 chemical source to identify appropriate steps to 

25 achieve compliance; and 
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1 (3) if, following that consultation, the owner or 

2 operator of the chemical source does not achieve 

3 compliance by such date as the Secretary determines 

4 to be appropriate under the circumstances, issue an 

5 order requiring the owner or operator to correct 

6 specified deficiencies. 

7 (d) PROTECTION OF INFORMATION.—Any determina8 tion of disapproval or order made or issued under this sec9 tion shall be exempt from disclosure—

10 (1) under section 552 of title 5, United States 

11 Code; 

12 (2) under any State or local law providing for 

13 public access to information; and 

14 (3) except as provided in section 193(g)(2), in 

15 any Federal or State civil or administrative pro16 ceeding. 

17 SEC. 196. INTERAGENCY TECHNICAL SUPPORT AND CO18 OPERATION. 

19 The Secretary—

20 (1) in addition to such consultation as is re21 quired in this title, shall consult with Federal agen22 cies with relevant expertise, and may request those 

23 Federal agencies to provide technical and analytical 

24 support, in implementing this title; and 
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1 (2) may provide reimbursement for such tech2 nical and analytical support received as the Sec3 retary determines to be appropriate. 

4 SEC. 197. PENALTIES. 

5 (a) JUDICIAL RELIEF.—In a civil action brought in 

6 United States district court, any owner or operator of a 

7 chemical source that violates or fails to comply with any 

8 order issued by the Secretary under this subtitle or a site 

9 security plan submitted to the Secretary under this sub10 title or recognized by the Secretary, for each day on which 

11 the violation occurs or the failure to comply continues, 

12 may be subject to—

13 (1) an order for injunctive relief; and 

14 (2) a civil penalty of not more than $50,000. 

15 (b) ADMINISTRATIVE PENALTIES.—

16 (1) PENALTY ORDERS.—The Secretary may 

17 issue an administrative penalty of not more than 

18 $250,000 for failure to comply with an order issued 

19 by the Secretary under this subtitle. 

20 (2) NOTICE AND HEARING.—Before issuing an 

21 order described in paragraph (1), the Secretary shall 

22 provide to the person against whom the penalty is to 

23 be assessed—

24 (A) written notice of the proposed order; 

25 and 
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1 (B) the opportunity to request, not later 

2 than 30 days after the date on which the per3 son receives the notice, a hearing on the pro4 posed order. 

5 (3) PROCEDURES.—The Secretary may promul6 gate regulations outlining the procedures for admin7 istrative hearings and appropriate review under this 

8 subsection, including necessary deadlines. 

9 SEC. 198. NO EFFECT ON REQUIREMENTS UNDER OTHER 

10 LAW. 

11 Nothing in this subtitle affects any duty or other re12 quirement imposed under any other Federal or State law. 

13 TITLE XIII—IMPROVING 

14 CYBERSECURITY 

15 SEC. 201. CYBERSECURITY TRAINING PROGRAMS AND 

16 EQUIPMENT. 

17 (a) IN GENERAL.—The Secretary of Homeland Secu18 rity, acting through the Assistant Secretary for 

19 Cybersecurity, may establish, in conjunction with the Na20 tional Science Foundation, a program to award grants to 

21 institutions of higher education (and consortia thereof) 

22 for—

23 (1) the establishment or expansion of 

24 cybersecurity professional development programs; 
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1 (2) the establishment or expansion of associate 

2 degree programs in cybersecurity; and 

3 (3) the purchase of equipment to provide train4 ing in cybersecurity for either professional develop5 ment programs or degree programs. 

6 (b) ROLES.—

7 (1) DEPARTMENT OF HOMELAND SECURITY.—

8 The Secretary, acting through the Assistant Sec9 retary for Cybersecurity and in consultation with the 

10 Director of the National Science Foundation, shall 

11 establish the goals for the program under this sec12 tion and the criteria for awarding grants under the 

13 program. 

14 (2) NATIONAL SCIENCE FOUNDATION.—The Di15 rector of the National Science Foundation shall op16 erate the program established under this section 

17 consistent with the goals and criteria established 

18 under paragraph (1), including soliciting applicants, 

19 reviewing applications, and making and admin20 istering grant awards. The Director may consult 

21 with the Assistant Secretary for Cybersecurity in se22 lecting awardees. 

23 (3) FUNDING.—The Secretary shall transfer to 

24 the National Science Foundation the funds nec25 essary to carry out this section. 
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1 (c) GRANT AWARDS.—

2 (1) PEER REVIEW.—All grant awards under 

3 this section shall be made on a competitive, merit re4 viewed basis. 

5 (2) FOCUS.—In making grant awards under 

6 this section, the Director shall, to the extent prac7 ticable, ensure geographic diversity and the partici8 pation of women and underrepresented minorities. 

9 (3) PREFERENCE.—In making grant awards 

10 under this section, the Director shall give preference 

11 to applications submitted by consortia of institutions 

12 to encourage as many students and professionals as 

13 possible to benefit from this program. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Secretary for car16 rying out this section $3,700,000 for fiscal year 2005. 

17 (e) DEFINITIONS.—In this section, the term institu18 tion of higher education has the meaning given that term 

19 in section 101(a) of the Higher Education Act of 1965 

20 (20 U.S.C. 1001(a)). 

21 SEC. 202. ASSISTANT SECRETARY FOR CYBERSECURITY. 

22 (a) IN GENERAL.—Subtitle A of title II of the Home23 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend24 ed by adding at the end the following: 
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1 ‘‘SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY. 

2 ‘‘(a) IN GENERAL.—There shall be in the Directorate 

3 for Information Analysis and Infrastructure Protection a 

4 National Cybersecurity Office headed by an Assistant Sec5 retary for Cybersecurity (in this section referred to as the 

6 ‘Assistant Secretary’), who shall assist the Secretary in 

7 promoting cybersecurity for the Nation. 

8 ‘‘(b) GENERAL AUTHORITY.—The Assistant Sec9 retary, subject to the direction and control of the Sec10 retary, shall have primary authority within the Depart11 ment for all cybersecurity-related critical infrastructure 

12 protection programs of the Department, including with re13 spect to policy formulation and program management. 

14 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

15 Assistant Secretary shall include the following: 

16 ‘‘(1) To establish and manage—

17 ‘‘(A) a national cybersecurity response sys18 tem that includes the ability to—

19 ‘‘(i) analyze the effect of cybersecurity 

20 threat information on national critical in21 frastructure; and 

22 ‘‘(ii) aid in the detection and warning 

23 of attacks on, and in the restoration of, 

24 cybersecurity infrastructure in the after25 math of such attacks; 
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1 ‘‘(B) a national cybersecurity threat and 

2 vulnerability reduction program that identifies 

3 cybersecurity vulnerabilities that would have a 

4 national effect on critical infrastructure, per5 forms vulnerability assessments on information 

6 technologies, and coordinates the mitigation of 

7 such vulnerabilities; 

8 ‘‘(C) a national cybersecurity awareness 

9 and training program that promotes 

10 cybersecurity awareness among the public and 

11 the private sectors and promotes cybersecurity 

12 training and education programs; 

13 ‘‘(D) a government cybersecurity program 

14 to coordinate and consult with Federal, State, 

15 and local governments to enhance their 

16 cybersecurity programs; and 

17 ‘‘(E) a national security and international 

18 cybersecurity cooperation program to help fos19 ter Federal efforts to enhance international 

20 cybersecurity awareness and cooperation. 

21 ‘‘(2) To coordinate with the private sector on 

22 the program under paragraph (1) as appropriate, 

23 and to promote cybersecurity information sharing, 

24 vulnerability assessment, and threat warning regard25 ing critical infrastructure. 
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1 ‘‘(3) To coordinate with other directorates and 

2 offices within the Department on the cybersecurity 

3 aspects of their missions. 

4 ‘‘(4) To coordinate with the Under Secretary 

5 for Emergency Preparedness and Response to en6 sure that the National Response Plan developed pur7 suant to section 502(6) of the Homeland Security 

8 Act of 2002 (6 U.S.C. 312(6)) includes appropriate 

9 measures for the recovery of the cybersecurity ele10 ments of critical infrastructure. 

11 ‘‘(5) To develop processes for information shar12 ing with the private sector, consistent with section 

13 214, that—

14 ‘‘(A) promote voluntary cybersecurity best 

15 practices, standards, and benchmarks that are 

16 responsive to rapid technology changes and to 

17 the security needs of critical infrastructure; and 

18 ‘‘(B) consider roles of Federal, State, local, 

19 and foreign governments and the private sector, 

20 including the insurance industry and auditors. 

21 ‘‘(6) To coordinate with the Chief Information 

22 Officer of the Department in establishing a secure 

23 information sharing architecture and information 

24 sharing processes, including with respect to the De25 partment’s operation centers. 
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1 ‘‘(7) To consult with the Electronic Crimes 

2 Task Force of the United States Secret Service on 

3 private sector outreach and information activities. 

4 ‘‘(8) To consult with the Office for Domestic 

5 Preparedness to ensure that realistic cybersecurity 

6 scenarios are incorporated into tabletop and recovery 

7 exercises. 

8 ‘‘(9) To consult and coordinate, as appropriate, 

9 with other Federal agencies on cybersecurity-related 

10 programs, policies, and operations. 

11 ‘‘(10) To consult and coordinate within the De12 partment and, where appropriate, with other rel13 evant Federal agencies, on security of digital control 

14 systems, such as Supervisory Control and Data Ac15 quisition (SCADA) systems. 

16 ‘‘(d) AUTHORITY OVER THE NATIONAL COMMUNICA17 TIONS SYSTEM.—The Assistant Secretary shall have pri18 mary authority within the Department over the National 

19 Communications System.’’. 

20 (b) CLERICAL AMENDMENTS.—The table of contents 

21 in section 1(b) of such Act is amended by adding at the 

22 end of the items relating to subtitle A of title II the fol23 lowing:

‘‘Sec. 203. Assistant Secretary for Cybersecurity.’’.
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1 (c) CYBERSECURITY DEFINED.—Section 2 of the 

2 Homeland Security Act of 2002 (6 U.S.C. 101) is amend3 ed by adding at the end the following: 

4 ‘‘(17)(A) The term ‘cybersecurity’ means the 

5 prevention of damage to, the protection of, and the 

6 restoration of computers, electronic communications 

7 systems, electronic communication services, wire 

8 communication, and electronic communication, in9 cluding information contained therein, to ensure its 

10 availability, integrity, authentication, confidentiality, 

11 and nonrepudiation. 

12 ‘‘(B) In this paragraph—

13 ‘‘(i) each of the terms ‘damage’ and ‘com14 puter’ has the meaning that term has in section 

15 1030 of title 18, United States Code; and 

16 ‘‘(ii) each of the terms ‘electronic commu17 nications system’, ‘electronic communication’, 

18 ‘wire communication’, and ‘electronic commu19 nication’ has the meaning that term has in sec20 tion 2510 of title 18, United States Code.’’. 
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1 TITLE XIV—ENABLING COMMU2 NICATIONS INTEROPER3 ABILITY 

4 SEC. 211. SHORT TITLE. 

5 This subtitle may be cited as ‘‘Connecting the Oper6 ations of National Networks of Emergency Communica7 tions Technologies for First Responders Act of 2004’’. 

8 SEC. 212. FINDINGS; PURPOSES. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) Throughout the United States, public safety 

11 agencies—law enforcement, firefighters, emergency 

12 technicians, public health officials, and others—in 

13 the same jurisdictions cannot now communicate ef14 fectively with one another, with agencies in neigh15 boring jurisdictions, or with other public safety 

16 agencies at the Federal and State level, when re17 sponding to emergencies or participating in major 

18 deployment. 

19 (2) The inability of public safety agencies in the 

20 United States to communicate with one another 

21 within and across jurisdictions and disciplines is a 

22 long-recognized and complex problem that threatens 

23 the public’s safety and security and often results in 

24 unnecessary loss of lives and property. 
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1 (3) The lack of interoperability was at least 

2 partially responsible for the deaths of 343 fire3 fighters in New York City on September 11, 2001, 

4 when police could not communicate effectively with 

5 firefighters prior to the collapse of the Twin Towers. 

6 (4) In the immediate aftermath of the Okla7 homa City bombing in 1995, studies showed that 

8 emergency responders had to use runners to carry 

9 messages from one command center to another be10 cause the responding agencies used different emer11 gency radio channels, different frequencies, and dif12 ferent radio systems. 

13 (5) In Littleton, Colorado, 46 public safety 

14 agencies responded to the shooting spree inside Col15 umbine High School in 1999. Precious minutes were 

16 lost because command personnel were forced to send 

17 runners to communicate crucial information. Incom18 patible radio communication systems were a signifi19 cant factor, according to the Columbine Review 

20 Commission. 

21 (6) There are more than 50,000 State and local 

22 public safety agencies. Many of these agencies are 

23 small or volunteer organizations with limited budg24 ets, and little or no engineering expertise. State and 
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1 local agencies consistently cite lack of funding as a 

2 critical obstacle to interoperability. 

3 (7) State and local budget crises have made 

4 funding public safety communications even more dif5 ficult, and competition with other critical homeland 

6 security needs, such as personnel, physical facilities, 

7 protective gear, and other kinds of equipment reduce 

8 the available funding for mission-critical communica9 tions infrastructures and equipment. 

10 (8) Funding is needed for all phases of the 

11 communications system life cycle: planning, system 

12 design and engineering, procurement and installa13 tion, operations and maintenance, and testing and 

14 technology development. There is clear need for a 

15 dedicated and consistent Federal funding source 

16 that is sufficient to finance comprehensive interoper17 able communications solutions. The role of Federal, 

18 State, and local governments and agencies in fund19 ing interoperable communications must be clear. 

20 (9) Achieving nationwide interoperability will 

21 require a significant financial commitment at all lev22 els of government. In 1998, the Public Safety Wire23 less Network estimated that developing interoperable 

24 communications nationwide could cost 

25 $18,000,000,000. According to the Office of Wire-
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1 less Public Safety Interoperable Communications, 

2 the umbrella program in the Department of Home3 land Security designed to lead and coordinate inter4 operability efforts that is commonly known as 

5 Project SAFECOM, that estimate is now outdated 

6 and includes only part of the total cost of upgrades. 

7 (10) An Independent Task Force sponsored by 

8 the Council on Foreign Relations stated that 

9 ‘‘among other things, additional funds are des10 perately needed . . . to foster interoperable commu11 nications systems for emergency responders across 

12 the country so that those on the front lines can com13 municate with each other while at the scene of at14 tack’’. The Task Force recommended, ‘‘conserv15 atively’’, that $6,800,000,000 over 5 years is needed 

16 for interoperability as well as public alert and infor17 mation systems programs. 

18 (11) Numerous Federal agencies provide infor19 mation or grants that can be used in the develop20 ment of interoperable communications systems. 

21 However, without common guidance and standards, 

22 funding and grants are often used in isolation of 

23 broader, regional communications needs and capac24 ities. There is a need to better coordinate these dis25 parate grant programs, and to provide unified and 
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1 consistent leadership and funding from the Federal 

2 Government. 

3 (12) The partnership between the private and 

4 public sectors has developed numerous solutions to 

5 significantly improve communications interoper6 ability that can be implemented immediately. These 

7 solutions include deployable vehicles that contain 

8 crosspatch capabilities that allow radio users on sep9 arate frequencies to talk to each other; communica10 tions system overlay software and hardware that 

11 allow multiple disparate communications networks to 

12 act as one network; and the Project 25 standard for 

13 the manufacturing of interoperable digital two-way 

14 wireless communications products. 

15 (13) Current approaches to achieving commu16 nications interoperability are also hampered by the 

17 fact that in many jurisdictions—

18 (A) the existing radio communications in19 frastructure is old and outdated; 

20 (B) planning for interoperability is limited 

21 and fragmented among multiple agencies; 

22 (C) the necessary coordination and co23 operation within and among jurisdictions is dif24 ficult to achieve; and 
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1 (D) there is limited and fragmented 

2 amount of radio spectrum available to public 

3 safety organizations. 

4 (14) The lack of universally recognized, fully 

5 open, and implementable standards for public safety 

6 agency needs has limited the cost efficiencies of 

7 interoperability, and has delayed the adoption of new 

8 technologies by public safety agencies. 

9 (15) Solutions can only be achieved through co10 operation among all levels of government, and the 

11 Federal Government, through the Department of 

12 Homeland Security, must provide nationwide leader13 ship, coordination, and a substantial share of re14 sources necessary to purchase appropriate tech15 nologies and create seamless communications among 

16 United States public safety agencies. 

17 (16) In April 2004, the General Accounting Of18 fice found that in Project SAFECOM’s 2 year his19 tory, the program has made very little progress in 

20 addressing its overall objective of achieving national 

21 wireless communications interoperability among first 

22 responders and public safety systems at all levels of 

23 government, principally due to—

24 (A) a lack of consistent executive commit25 ment and support; and 
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1 (B) an inadequate level of interagency col2 laboration. 

3 (17) Project SAFECOM lacks the statutory au4 thority and dedicated resources necessary to coordi5 nate Federal programs or accomplish other tasks re6 quired to make the achievement of interoperability a 

7 national priority, and a realistic goal for the Nation. 

8 (b) PURPOSES.—The purposes of this subtitle are 

9 to—

10 (1) require the Department of Homeland Secu11 rity to provide effective leadership, coordination, and 

12 technical assistance for the purposes of enhancing 

13 communications interoperability, and to establish 

14 and implement a strategy to ensure the achievement 

15 of communications interoperability for public safety 

16 agencies throughout the United States; 

17 (2) authorize appropriations for interoperable 

18 communications grants to State and local govern19 ments and public safety agencies; and 

20 (3) support the effective acquisition, installa21 tion, and maintenance of short-term and long-term 

22 interoperable communications equipment for home23 land security at all levels of government. 
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1 SEC. 213. ESTABLISHMENT OF THE OFFICE OF WIRELESS 

2 PUBLIC SAFETY INTEROPERABLE COMMU3 NICATIONS. 

4 (a) AMENDMENT.—The Homeland Security Act of 

5 2002 (6 U.S.C. 101 et seq.) is amended by adding after 

6 section 313 the following: 

7 ‘‘SEC. 314. OFFICE OF WIRELESS PUBLIC SAFETY INTER8 OPERABLE COMMUNICATIONS. 

9 ‘‘(a) DEFINITIONS.—In this section, the following 

10 definitions shall apply: 

11 ‘‘(1) COMMUNICATIONS INTEROPERABILITY.—

12 The term ‘communications interoperability’ means 

13 the ability of public safety service and support pro14 viders, including emergency response providers, to 

15 communicate with other responding agencies and 

16 Federal agencies if necessary, through information 

17 technology systems and radio communications sys18 tems, and to exchange voice, data, or video with one 

19 another on demand, in real time, as necessary. 

20 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

21 the Director of Wireless Public Safety Interoperable 

22 Communications. 

23 ‘‘(3) OFFICE.—The term ‘Office’ means the Of24 fice of Wireless Public Safety Interoperable Commu25 nications established under subsection (c). 
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1 ‘‘(4) PUBLIC SAFETY AGENCIES.—The term 

2 ‘public safety agencies’ includes emergency response 

3 providers and any other persons that the Secretary 

4 determines must communicate effectively with one 

5 another to respond to emergencies. 

6 ‘‘(b) SENSE OF CONGRESS REGARDING PROJECT

7 SAFECOM.—It is the Sense of Congress that—

8 ‘‘(1) after more than 2 years, Project 

9 SAFECOM has made very limited progress in ad10 dressing its overall objective of achieving commu11 nications interoperability among entities at all levels 

12 of government; 

13 ‘‘(2) a principal impediment to progress has 

14 been the failure to effectively collaborate with, and 

15 to obtain consistent funding from, other Federal 

16 agencies involved with SAFECOM; and 

17 ‘‘(3) in order to accelerate progress in achieving 

18 communications interoperability among entities at 

19 all levels of government, all Federal funding and 

20 program management to achieve this goal should re21 side within the Department of Homeland Security. 

22 ‘‘(c) ESTABLISHMENT.—

23 ‘‘(1) IN GENERAL.—There is established the 

24 Office of Wireless Public Safety Interoperable Com25 munications within the Directorate of Science and 
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1 Technology, which shall be headed by a Director of 

2 Wireless Public Safety Interoperable Communica3 tions appointed by the Secretary. 

4 ‘‘(2) ADMINISTRATION.—The Secretary shall 

5 provide the Office with the resources and staff nec6 essary to carry out the purposes of this section, in7 cluding sufficient staff to provide support to each 

8 State. Support under this paragraph shall include 

9 outreach, coordination, and technical assistance. 

10 ‘‘(3) DUTIES.—

11 ‘‘(A) TECHNICAL ASSISTANCE.—

12 ‘‘(i) ASSISTANCE THROUGH DIREC13 TOR.—The Secretary, acting through the 

14 Director, shall—

15 ‘‘(I) provide leadership and co16 ordination among all other Federal 

17 agencies that provide funding, re18 search, technology development, or 

19 other support for communications 

20 interoperability; 

21 ‘‘(II) accelerate, in consultation 

22 with other nationally recognized 

23 standards organizations as appro24 priate, the development of national 

25 voluntary consensus standards for 
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1 communications interoperability, in2 cluding the Project 25 standard, and 

3 establish a schedule of milestones to 

4 be achieved in developing such stand5 ards; 

6 ‘‘(III) provide technical assist7 ance to Federal, State, and local gov8 ernments and public safety agencies 

9 on planning, interoperability architec10 tures, acquisition strategies, and other 

11 functions necessary to achieve commu12 nications interoperability; 

13 ‘‘(IV) participate in the review 

14 and final approval of funding for 

15 grant applications for the purposes of 

16 administering the grant program es17 tablished under section 430(e); and 

18 ‘‘(V) provide direct technical as19 sistance to State and local govern20 ments and public safety agencies for 

21 the purposes of administering the 

22 grant program established under sec23 tion 430(e). 

24 ‘‘(ii) ASSISTANCE BY DIRECTOR AND

25 UNDER SECRETARY FOR SCIENCE AND
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1 TECHNOLOGY.—The Director, under the 

2 direction of the Under Secretary for 

3 Science and Technology, shall—

4 ‘‘(I) conduct and otherwise pro5 vide for research, development, test6 ing, and evaluation for public safety 

7 communications technologies and 

8 equipment; 

9 ‘‘(II) evaluate and validate new 

10 technology concepts, including systems 

11 engineering and development, and 

12 promote the deployment of advanced 

13 broadband communications tech14 nologies; and 

15 ‘‘(III) encourage the development 

16 of flexible and open architectures and 

17 standards, with appropriate levels of 

18 security, for short-term and long-term 

19 solutions to interoperability. 

20 ‘‘(B) OUTREACH AND COORDINATION.—

21 The Secretary, acting through both the Director 

22 and the Office of State and Local Government 

23 Coordination established under section 801, 

24 shall take such steps as are necessary to enable 

25 public safety agencies to achieve more effective 
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1 and efficient interoperable communications, and 

2 shall collaborate with other Federal agencies, 

3 the leadership of public safety agencies, and 

4 State and local governments to—

5 ‘‘(i) develop and maintain a task force 

6 that represents the broad customer base of 

7 State and local public safety agencies, as 

8 well as Federal agencies, involved in public 

9 safety agency disciplines, in order to re10 ceive input and coordinate efforts to 

11 achieve communications interoperability; 

12 ‘‘(ii) develop and implement a national 

13 strategy to achieve communications inter14 operability; 

15 ‘‘(iii) facilitate collaborative planning 

16 and partnerships among local, State, and 

17 Federal government agencies; 

18 ‘‘(iv) coordinate, execute, and align all 

19 Federal public safety wireless communica20 tions activities, to include the development 

21 of common guidance for grant programs, 

22 and any programs conducting demonstra23 tion projects, technical assistance, out24 reach, testing and evaluation, or research 

25 and development to enhance public safety 
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1 wireless communications and interoper2 ability; 

3 ‘‘(v) share best practices, and provide 

4 outreach and coordination to State and 

5 local governments and public safety agen6 cies, to implement short-term and long7 term solutions to achieve communications 

8 interoperability, and to include commer9 cially available equipment that facilitates 

10 interoperability, coordination, and integra11 tion among existing emergency commu12 nications systems; 

13 ‘‘(vi) identify and work to overcome 

14 the political, institutional, and geographic 

15 barriers within the public safety commu16 nity that can impede interoperability 

17 among public safety agencies, including 

18 among Federal agencies; 

19 ‘‘(vii) develop appropriate perform20 ance measures and systematically measure 

21 the Nation’s progress towards interoper22 ability; and 

23 ‘‘(viii) monitor the availability of, and 

24 make recommendations to Congress to ad25 dress problems associated with the avail-
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1 ability and more efficient use of, radio 

2 spectrum for public safety. 

3 ‘‘(d) NATIONAL STRATEGY.—

4 ‘‘(1) IN GENERAL.—The Secretary, acting 

5 through the Director, shall, in cooperation with 

6 State and local governments, Federal agencies, pub7 lic safety agencies, the private sector, and the task 

8 force established under subsection (c)(3)(B)(i), de9 velop a national strategy to achieve communications 

10 interoperability, which shall—

11 ‘‘(A) provide for the development of na12 tional voluntary standards for the purchase and 

13 use by public safety agencies of interoperable 

14 communications equipment and technologies; 

15 ‘‘(B) identify the appropriate interoperable 

16 communications capabilities necessary for Fed17 eral, State, and local public safety agencies to 

18 adequately protect the people of the United 

19 States; 

20 ‘‘(C) address both short-term and long21 term solutions to achieving Federal, State and 

22 local communications interoperability, including 

23 provision of commercially available equipment 

24 that facilitates interoperability, coordination, 
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1 and integration among existing emergency com2 munications systems; 

3 ‘‘(D) identify how the Federal Government 

4 can work effectively with State and local gov5 ernments, public safety agencies in all States, 

6 and such other entities as are necessary to im7 plement the strategy; 

8 ‘‘(E) include measures to identify and 

9 overcome all obstacles to achieving interoper10 ability; and 

11 ‘‘(F) set goals and establish time frames 

12 for the achievement of communications inter13 operability across the United States, and de14 velop performance measures to determine 

15 whether these goals are being met. 

16 ‘‘(2) REPORT.—Not later than 6 months after 

17 the date of enactment of the Connecting the Oper18 ations of National Networks of Emergency Commu19 nications Technologies for First Responders Act of 

20 2004, and each year thereafter, the Secretary shall 

21 submit a report to the Congress—

22 ‘‘(A) detailing the progress of the Depart23 ment in carrying out the purposes of this sec24 tion; 
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1 ‘‘(B) detailing the progress in achieving 

2 communications interoperability; and 

3 ‘‘(C) making any recommendations nec4 essary to expedite the fulfillment of the pur5 poses of this section. 

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary 

8 $50,000,000 for fiscal year 2005, and such sums as are 

9 necessary each fiscal year thereafter, for the operations 

10 of the Office, and for other entities within the Department 

11 whose activities facilitate the purposes of the Connecting 

12 the Operations of National Networks of Emergency Com13 munications Technologies for First Responders Act of 

14 2004.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.—

16 The table of contents in section 1(b) of the Homeland Se17 curity Act of 2002 (6 U.S.C. 101) is amended by inserting 

18 after the item relating to section 313 the following:

‘‘314. Office of Wireless Public Safety Interoperable Communications.’’.

19 SEC. 214. INTEROPERABLE COMMUNICATIONS TECH20 NOLOGY GRANT PROGRAM. 

21 Section 430 of the Homeland Security Act of 2002 

22 (6 U.S.C. 238) is amended by adding at the end the fol23 lowing: 

24 ‘‘(e) INTEROPERABLE COMMUNICATIONS GRANTS.—
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1 ‘‘(1) DEFINITIONS.—In this subsection, the fol2 lowing definitions shall apply: 

3 ‘‘(A) COMMUNICATIONS INTEROPER4 ABILITY.—The term ‘communications interoper5 ability’ means the ability of public safety service 

6 and support providers, including emergency re7 sponse providers, to communicate with other re8 sponding agencies and Federal agencies if nec9 essary, through information technology systems 

10 and radio communications systems, and to ex11 change voice, data, or video with one another on 

12 demand, in real time, as necessary. 

13 ‘‘(B) ELIGIBLE STATE.—The term ‘eligible 

14 State’ means a State that—

15 ‘‘(i) has submitted a plan under para16 graph (4); and 

17 ‘‘(ii) the Secretary determines has not 

18 achieved adequate statewide communica19 tions interoperability. 

20 ‘‘(C) PUBLIC SAFETY AGENCIES.—The 

21 term ‘public safety agencies’ includes emergency 

22 response providers and any other persons that 

23 the Secretary determines must communicate ef24 fectively with one another to respond to emer25 gencies. 
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1 ‘‘(2) IN GENERAL.—The Secretary shall—

2 ‘‘(A) make grants on a competitive basis 

3 directly to local governments (including a con4 sortium of local governments) and public safety 

5 agencies within eligible States, in consultation 

6 with the chief executives of the State or States, 

7 for the purpose of assisting in the development 

8 of interoperable communications systems at any 

9 stage, including—

10 ‘‘(i) planning, system design, and en11 gineering; 

12 ‘‘(ii) procurement and installation of 

13 equipment; 

14 ‘‘(iii) operations and maintenance of 

15 equipment; and 

16 ‘‘(iv) testing and technology develop17 ment; and 

18 ‘‘(B) make grants to eligible States for ini19 tiatives necessary to achieve communications 

20 interoperability within each State, including—

21 ‘‘(i) statewide communications plan22 ning; 

23 ‘‘(ii) system design and engineering; 

24 ‘‘(iii) procurement and installation of 

25 equipment; 
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1 ‘‘(iv) operations and maintenance of 

2 equipment; and 

3 ‘‘(v) testing and technology develop4 ment initiatives. 

5 ‘‘(3) COORDINATION.—

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 ensure that grants administered under this sub8 section are coordinated with the activities of 

9 other entities of the Department and other Fed10 eral entities so that grants awarded under this 

11 subsection, and other grant programs related to 

12 homeland security, facilitate the achievement of 

13 the strategy developed under section 314(c), 

14 and the purposes of the Connecting the Oper15 ations of National Networks of Emergency 

16 Communications Technologies for First Re17 sponders Act of 2004. 

18 ‘‘(B) RELATIONSHIP TO EXISTING GRANT

19 PROGRAMS.—Nothing in this Act shall provide 

20 for the combination of grant funds among the 

21 grant program established under this subsection 

22 and any other grant programs administered by 

23 the Department of Homeland Security, includ24 ing the State Homeland Security Grant Pro25 gram of the Department, or any successor to 
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•HR 5291 IH 

1 such grant program, and the Urban Area Secu2 rity Initiative of the Department, or any suc3 cessor to such grant program. 

4 ‘‘(4) ELIGIBILITY.—

5 ‘‘(A) SUBMISSION OF PLAN.—To be eligi6 ble to receive a grant under this subsection, 

7 each eligible State, or local governments or pub8 lic safety agencies within an eligible State or 

9 States, shall submit a communications inter10 operability plan to the Secretary that—

11 ‘‘(i) addresses any stage of the devel12 opment of interoperable communications 

13 systems, including planning, system design 

14 and engineering, procurement and installa15 tion, operations and maintenance, and test16 ing and technology development; 

17 ‘‘(ii) if the applicant is not a State, 

18 includes a description of how the applicant 

19 addresses the goals specified in any appli20 cable State plan or plans submitted under 

21 this section; and 

22 ‘‘(iii) is approved by the Secretary. 

23 ‘‘(B) INCORPORATION AND CONSIST24 ENCY.—A plan submitted under subparagraph 

25 (A) may be part of, and shall be consistent 
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1 with, any other homeland security plans re2 quired of the submitting party by the Depart3 ment. 

4 ‘‘(5) AWARD OF GRANTS.—

5 ‘‘(A) CONSIDERATIONS.—In approving 

6 plans and awarding grants under this sub7 section, the Secretary shall consider—

8 ‘‘(i) the nature of the threat to the eli9 gible State or local jurisdiction; 

10 ‘‘(ii) the location, risk, or vulnerability 

11 of critical infrastructure and key national 

12 assets; 

13 ‘‘(iii) the number, as well as the den14 sity, of persons who will be served by inter15 operable communications systems; 

16 ‘‘(iv) the extent of the partnerships, 

17 existing or planned, established between 

18 local jurisdictions and agencies partici19 pating in the development of interoperable 

20 communications systems, and their coordi21 nation with Federal and State agencies; 

22 ‘‘(v) the level of communications 

23 interoperability already achieved by the ju24 risdictions; 
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•HR 5291 IH 

1 ‘‘(vi) the extent to which the commu2 nications interoperability plan submitted 

3 under paragraph (4) adequately addresses 

4 steps necessary to implement short-term or 

5 long-term solutions to communications 

6 interoperability; 

7 ‘‘(vii) the extent to which eligible 

8 States and local governments, in light of 

9 their financial capability, demonstrate their 

10 commitment to expeditiously achieving 

11 communications interoperability by 

12 supplementing Federal funds with non13 Federal funds; 

14 ‘‘(viii) the extent to which grants will 

15 expedite the achievement of interoperability 

16 in the relevant jurisdiction with Federal, 

17 State, and local agencies; and 

18 ‘‘(ix) the extent to which grants will 

19 be utilized to implement advanced commu20 nications technologies to promote inter21 operability. 

22 ‘‘(B) COST SHARING.—

23 ‘‘(i) IN GENERAL.—The Federal share 

24 of the costs of an activity carried out with 
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1 a grant to an applicant awarded under this 

2 section shall not exceed 75 percent. 

3 ‘‘(ii) IN-KIND MATCHING.—Each re4 cipient of a covered grant may meet the 

5 matching requirement under clause (i) by 

6 making in-kind contributions of goods or 

7 services that are directly linked with the 

8 purpose for which the grant is made, in9 cluding personnel overtime, contractor 

10 services, administrative costs, equipment 

11 fuel and maintenance, and rental space. 

12 ‘‘(6) REIMBURSEMENT.—

13 ‘‘(A) IN GENERAL.—Unless otherwise re14 quested by the recipient of a grant under this 

15 subsection, grants shall not be awarded to reim16 burse the recipient for prior expenditures re17 lated to achieving communications interoper18 ability. 

19 ‘‘(B) EXCEPTION.—The Secretary shall re20 imburse public safety agencies directly for costs 

21 incurred for expenditures related to achieving 

22 communications interoperability, if—

23 ‘‘(i) the public safety agency expended 

24 funds after September 11, 2001, and be-
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1 fore the date of enactment of this sub2 section; and 

3 ‘‘(ii) such expenditures are consistent 

4 with and supportive of the communications 

5 interoperability plan approved by the Sec6 retary under paragraph (4)(A)(iii). 

7 ‘‘(C) TERMINATION OF AUTHORITY.—The 

8 authority of the Secretary under subparagraph 

9 (B) shall terminate one year after the date on 

10 which the Department of Homeland Security 

11 first allocates grant funds for this program. 

12 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to the Sec14 retary $500,000,000 for fiscal year 2005, 

15 $750,000,000 for fiscal year 2006, $1,000,000,000 

16 for fiscal year 2007, $1,250,000,000 for fiscal year 

17 2008, $1,500,000,000 for fiscal year 2009, and such 

18 sums as are necessary each fiscal year thereafter, to 

19 carry out the purposes of this subsection.’’. 
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1 TITLE XV—STRENGTHENING 

2 PRIVACY PROTECTIONS 

3 WITHIN THE DEPARTMENT 

4 OF HOMELAND SECURITY 

5 Subtitle A—SHIELD Privacy Act 

6 SEC. 221. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Strengthening 

8 Homeland Innovation to Emphasize Liberty, Democracy, 

9 and Privacy Act’’ or the ‘‘SHIELD Privacy Act’’. 

10 SEC. 222. FINDINGS. 

11 The Congress finds the following: 

12 (1) The protection of our Nation’s civil liberties 

13 and privacy is fundamental to the American way of 

14 life. 

15 (2) Strengthening our homeland security en16 sures that our way of life and the rights protected 

17 by the Constitution remain intact. 

18 (3) In developing homeland security initiatives, 

19 our Government must take care to protect funda20 mental constitutional rights and strive to minimize 

21 unnecessary impositions on the freedoms and privi22 leges enjoyed in the United States. 

23 (4) As governments develop and employ new 

24 technologies and gather information from the private 

25 sector for homeland security efforts, they must en-
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1 sure that our society’s constitutional guarantees re2 lating to privacy, due process, and civil liberties are 

3 protected. 

4 SEC. 223. CHIEF PRIVACY OFFICER. 

5 (a) DESIGNATION.—The President shall designate a 

6 senior official within the Office of Management and Budg7 et as the Chief Privacy Officer, who shall have primary 

8 responsibility for privacy policy throughout the Federal 

9 Government. 

10 (b) SPECIFIC RESPONSIBILITIES.—The responsibil11 ities of the Chief Privacy Officer shall include the fol12 lowing: 

13 (1) Assuring that the technologies procured and 

14 use of technologies by the Federal Government sus15 tain, and do not erode, privacy protections relating 

16 to the use, collection, and disclosure of personally 

17 identifiable information. 

18 (2) Assuring that personally identifiable infor19 mation contained in systems of records (as that term 

20 is defined in section 552a of title 5, United States 

21 Code, popularly known as the ‘‘Privacy Act of 

22 1974’’) is handled in full compliance with fair infor23 mation practices required under that section. 

24 (3) Evaluating legislative and regulatory pro25 posals involving collection, use, and disclosure of 
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1 personally identifiable information by the Federal 

2 Government. 

3 (4) Exercising responsibility currently vested in 

4 the Director of the Office of Management and Budg5 et with respect to privacy impact assessment rules, 

6 regulations, and oversight under section 208 of the 

7 E-Gov Act of 2002 (44 U.S.C. 3501 note). 

8 (5) Preparing an annual report to the Congress 

9 containing an agency-by-agency analysis of Federal 

10 activities that affect privacy, including complaints of 

11 privacy violations, implementation of section 552a of 

12 title 5, United States Code, internal controls, and 

13 other matters. 

14 (c) AGENCY INFORMATION.—The head of each Fed15 eral agency shall provide to the Chief Privacy Officer such 

16 information as the Chief Privacy Officer considers nec17 essary for the completion of the annual reports under sub18 section (b)(5). 

19 (d) REPORT BY SECRETARY OF HOMELAND SECU20 RITY.—Section 222(5) of the Homeland Security Act of 

21 2002 (6 U.S.C. 142(5)) is amended by striking ‘‘Con22 gress’’ and inserting ‘‘the chief Privacy Officer of the Of23 fice of Management and Budget’’. 
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1 SEC. 224. PRIVACY POLICY OF DEPARTMENTS AND INDE2 PENDENT AGENCIES. 

3 (a) OFFICIALS RESPONSIBLE FOR PRIVACY POL4 ICY.—The head of each department and each independent 

5 agency in the executive branch shall appoint a senior offi6 cial of the department or independent agency, respectively, 

7 to assure primary responsibility for privacy policy, includ8 ing the following: 

9 (1) Assuring that technologies procured and use 

10 of technologies sustain, and do not erode, privacy 

11 protections relating to the use, collection, and disclo12 sure of personally identifiable information. 

13 (2) Assuring that personally identifiable infor14 mation contained in systems of records (as that term 

15 is defined in section 552a of title 5, United States 

16 Code, popularly known as the ‘‘Privacy Act of 

17 1974’’) is handled in full compliance with fair infor18 mation practices required under that section. 

19 (3) Evaluating legislative and regulatory pro20 posals involving collection, use, and disclosure of 

21 personally identifiable information by the Federal 

22 Government. 

23 (4) Conducting privacy impact assessments 

24 under subsection (b). 

25 (5) Ensuring that the department or agency 

26 protects personally identifiable information and in-
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•HR 5291 IH 

1 formation systems from unauthorized access, use, 

2 disclosure, disruption, modification, or destruction in 

3 order to provide—

4 (A) integrity, by—

5 (i) guarding against improper infor6 mation modification or destruction; and 

7 (ii) ensuring information nonrepudi8 ation and authenticity; 

9 (B) confidentiality, by preserving author10 ized restrictions on access and disclosure, in11 cluding means for protecting personal privacy 

12 and proprietary information; 

13 (C) availability, by ensuring timely and re14 liable access to and use of that information; and 

15 (D) authentication, by utilizing digital cre16 dentials to assure the identity of users and vali17 date their access. 

18 (6) Submitting an annual report to the Director 

19 of the Office of Management and Budget on activi20 ties of their agencies that affect privacy, including 

21 complaints of privacy violations, implementation of 

22 section 552a of title 5, United States Code, internal 

23 controls, and other matters. 

24 (b) PRIVACY IMPACT ASSESSMENTS.—
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1 (1) REQUIREMENT.—The official appointed 

2 under subsection (a) for a department or inde3 pendent agency shall—

4 (A) assess the impact on privacy of each 

5 proposed action of the Department or agency 

6 that will require collecting, using, or accessing 

7 personally identifiable information from 10 or 

8 more persons; and 

9 (B) make the results of such assessments 

10 publicly available through the World Wide Web 

11 site of the Department. 

12 (2) MATTERS CONSIDERED.—Each assessment 

13 under this subsection regarding a proposed action 

14 shall consider the following: 

15 (A) The type of any personally identifiable 

16 information to be collected, used, or accessed by 

17 the Department. 

18 (B) Why such information will be collected, 

19 used, or accessed. 

20 (C) The intended use of such information. 

21 (D) The persons with whom such informa22 tion will be shared. 

23 (E) What notice or consent will be pro24 vided to individuals regarding such information 
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•HR 5291 IH 

1 to be collected or accessed, and how that infor2 mation will be shared. 

3 (F) How such information will be secured. 

4 (G) Whether a system of records will be 

5 created for purposes of section 552a of title 5, 

6 United States Code. 

7 (H) The method by which, extent to which, 

8 and rate at which such collected information 

9 will be destroyed or returned. 

10 SEC. 225. COMMISSION ON PRIVACY, FREEDOM, AND HOME11 LAND SECURITY. 

12 (a) ESTABLISHMENT.—There is established a com13 mission to be known as the ‘‘Commission on Privacy, 

14 Freedom, and Homeland Security’’. 

15 (b) DUTIES OF COMMISSION.—

16 (1) IN GENERAL.—The Commission shall con17 duct a comprehensive legal and factual study relat18 ing to United States efforts to further homeland se19 curity in a manner that protects privacy, civil lib20 erties, and individual freedoms. 

21 (2) MATTERS TO BE STUDIED.—The matters 

22 studied by the Commission under paragraph (1) 

23 shall at a minimum include the following: 

24 (A) A review of whether Federal agencies 

25 are properly assessing the privacy implications 
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1 of new homeland security technologies before 

2 implementing and deploying such technologies. 

3 (B) The impact of existing Federal and 

4 State privacy statutes and regulations, legisla5 tion pending before the Congress, and privacy 

6 protection efforts undertaken by the Federal 

7 Government, State governments, foreign gov8 ernments, and international governing bodies on 

9 homeland security. 

10 (C) The impact of Federal legislation en11 acted since September 11, 2001, or pending be12 fore the Congress, on civil liberties. 

13 (D) The likely effectiveness of existing 

14 technologies for analyzing public and private 

15 sources of data and information to identify ter16 rorists and prevent terrorist acts. 

17 (c) FIELD HEARINGS.—

18 (1) IN GENERAL.—The Commission shall con19 duct at least 2 field hearings in each of the 5 geo20 graphical regions of the United States. 

21 (2) DETERMINATION OF REGIONS.—For pur22 poses of this subsection, the Commission may deter23 mine the boundaries of the 5 geographical regions of 

24 the United States. 

25 (d) REPORT.—
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1 (1) IN GENERAL.—No later than 24 months 

2 after the date on which the Commission first meets, 

3 the Commission shall submit to the President and 

4 the Congress a comprehensive report of the Commis5 sion’s findings, recommendations, and conclusions. 

6 Such report shall include a summary of the report 

7 submitted to the Commission by the National Re8 search Council under subsection (g)(9), and a sum9 mary of any other material relied on by the Commis10 sion in the preparation of its report. 

11 (2) RECOMMENDATIONS.—The report under 

12 paragraph (1) shall include recommendations re13 garding the following: 

14 (A) Steps Federal agencies should take 

15 when considering new homeland security tech16 nologies to ensure that privacy implications are 

17 adequately considered before such technologies 

18 are implemented. 

19 (B) Whether additional legislation is nec20 essary to reform or augment current laws and 

21 regulations relating to privacy and homeland se22 curity, including specific reform proposals and 

23 an analysis of the financial costs of any pro24 posed changes. 
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1 (C) Safeguards and protection that should 

2 be in place when the Federal Government uses 

3 an individual’s personally identifiable informa4 tion obtained from a commercial database or a 

5 list for counterterrorism and homeland security 

6 purposes. 

7 (3) ADDITIONAL REPORT.—The Commission 

8 shall submit to the Congress and the President, with 

9 the report under paragraph (1), any additional re10 port of dissenting opinions or minority views by any 

11 member of the Commission. 

12 (4) INTERIM REPORT.—The Commission may 

13 submit to the Congress and the President interim 

14 reports approved by a majority of the members of 

15 the Commission. 

16 (e) STRUCTURE OF COMMISSION.—

17 (1) MEMBER AND APPOINTMENT.—The Com18 mission shall be composed of 10 members appointed 

19 as follows: 

20 (A) 1 member appointed by the President, 

21 who shall be the chairperson of the Commis22 sion. 

23 (B) 1 member appointed jointly by the mi24 nority leader of the House of Representatives 
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1 and the minority leader of the Senate, who shall 

2 be the vice chairperson of the Commission. 

3 (C) 2 members appointed by the majority 

4 leader of the House of Representatives. 

5 (D) 2 members appointed by the minority 

6 leader of the House of Representatives. 

7 (E) 2 members appointed by the majority 

8 leader of the Senate. 

9 (F) 2 members appointed by the minority 

10 leader of the Senate. 

11 (2) QUALIFICATIONS OF MEMBERS.—The ap12 pointing authorities under subsection (1) shall seek 

13 to ensure that the membership of the Commission 

14 has a diversity of views and experiences on the mat15 ters to be studied by the Commission, including 

16 views and knowledge of law, civil rights and liberties, 

17 privacy matters, homeland security, information 

18 technology, security, database integration, and law 

19 enforcement. 

20 (3) DATE OF APPOINTMENT.—The appointment 

21 of the members of the Commission shall be made not 

22 later than 30 days after the date of the enactment 

23 of this Act. 

24 (4) TERMS.—Each member of the Commission 

25 shall be appointed for the life of the Commission. 
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1 (5) VACANCIES.—Any vacancy in the Commis2 sion shall be filled in the same manner in which the 

3 original appointment was made. 

4 (6) COMPENSATION; TRAVEL EXPENSES.—

5 Members of the Commission shall serve without pay, 

6 but shall receive travel expenses, including per diem 

7 in lieu of subsistence, in accordance with sections 

8 5702 and 5703 of title 5, United States Code. 

9 (7) QUORUM.—A majority of the members of 

10 the Commission shall constitute a quorum for pur11 poses of conducting business, except that 2 members 

12 of the Commission shall constitute a quorum for 

13 purposes of conducting a hearing. 

14 (8) MEETINGS.—

15 (A) IN GENERAL.—The Commission shall 

16 meet at the call of the Chairperson or a major17 ity of its members. 

18 (B) INITIAL MEETING.—Not later than 45 

19 days after the date of the enactment of this 

20 Act, the Commission shall hold its initial meet21 ing. 

22 (f) DIRECTOR; STAFF; EXPERTS AND CONSULT23 ANTS.—

24 (1) DIRECTOR.—
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1 (A) APPOINTMENT.—Not later than 60 

2 days after the date of the enactment of this 

3 Act, the Commission shall appoint a Director, 

4 without regard to the provisions of title 5, 

5 United States Code, governing appointments to 

6 the competitive service. 

7 (B) PAY.—The Director shall be paid at 

8 the rate payable for level III of the Executive 

9 Schedule established under section 5314 of such 

10 title. 

11 (2) STAFF.—

12 (A) APPOINTMENT.—The Director may 

13 appoint such staff as the Director determines 

14 appropriate, without regard to the provisions of 

15 title 5, United States Code, governing appoint16 ments in the competitive service. 

17 (B) PAY.—The staff of the Commission 

18 shall be paid in accordance with the provisions 

19 of chapter 51 and subchapter III of chapter 53 

20 of title 5, United States Code, relating to classi21 fication and General Schedule pay rates, but at 

22 rates not in excess of the maximum rate for 

23 grade GS–15 of the General Schedule under 

24 section 5332 of that title. 
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1 (3) EXPERTS AND CONSULTANTS.—The Direc2 tor may procure temporary and intermittent services 

3 under section 3109(b) of title 5, United States Code. 

4 (4) DETAILEES.—

5 (A) IN GENERAL.—Upon request of the 

6 Director, the head of any Federal department 

7 or agency may detail, on a reimbursable basis, 

8 any of the personnel of that department or 

9 agency to the Commission to assist it in car10 rying out this Act. 

11 (B) NOTICE.—Before making a request 

12 under this paragraph, the Director shall give 

13 notice of the request to each member of the 

14 Commission. 

15 (g) POWERS OF COMMISSION.—

16 (1) HEARINGS AND SESSIONS.—The Commis17 sion may, for the purpose of carrying out this sub18 title, hold hearings, sit and act at times and places, 

19 take testimony, and receive evidence to carry out its 

20 duties under subsection (b). The Commission may 

21 administer oaths or affirmations to witnesses ap22 pearing before it. 

23 (2) POWERS OF MEMBERS AND AGENTS.—Any 

24 member or agent of the Commission may, if author-
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1 ized by the Commission, take any action which the 

2 Commission is authorized to take by this section. 

3 (3) OBTAINING OFFICIAL INFORMATION.—

4 (A) REQUIREMENT TO FURNISH.—Except 

5 as provided in subparagraph (B), if the Com6 mission submits a request to a Federal depart7 ment or agency for information necessary to en8 able the Commission to carry out this subtitle, 

9 the head of that department or agency shall 

10 furnish that information to the Commission. 

11 (B) EXCEPTION FOR NATIONAL SECU12 RITY.—If the head of a Federal department or 

13 agency determines that it is necessary to with14 hold requested information from disclosure to 

15 protect the national security interests of the 

16 United States, the department or agency head 

17 shall not furnish that information to the Com18 mission. 

19 (4) MAILS.—The Commission may use the 

20 United States mails in the same manner and under 

21 the same conditions as other departments and agen22 cies of the United States. 

23 (5) ADMINISTRATIVE SUPPORT SERVICES.—

24 Upon the request of the Director, the Administrator 

25 of General Services shall provide to the Commission, 
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1 on a reimbursable basis, the administrative support 

2 services necessary for the Commission to carry out 

3 this section. 

4 (6) GIFTS AND DONATIONS.—The Commission 

5 may accept, use, and dispose of gifts or donations of 

6 services or property to carry out this Act, but only 

7 to the extent or in the amounts provided in advance 

8 in appropriation Acts. 

9 (7) CONTRACTS.—The Commission may con10 tract with and compensate persons and government 

11 agencies for supplies and services, without regard to 

12 section 3709 of the Revised Statutes (41 U.S.C. 5). 

13 (8) SUBPOENAPOWER.—

14 (A) IN GENERAL.—If a Federal depart15 ment or agency or any other person fails to 

16 supply information requested by the Commis17 sion, the Commission may require by subpoena 

18 the production of the information. The Commis19 sion shall transmit to the Attorney General a 

20 written notice at least 10 days in advance of 

21 the issuance of any such subpoena. A subpoena 

22 under this paragraph may require the produc23 tion of materials from any place within the 

24 United States. 
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•HR 5291 IH 

1 (B) INTERROGATORIES.—The Commission 

2 may, with respect only to information necessary 

3 to understand any materials obtained through a 

4 subpoena under paragraph (A), issue a sub5 poena requiring the person producing such ma6 terials to answer, either through a sworn depo7 sition or through written answers provided 

8 under oath (at the election of the person upon 

9 whom the subpoena is served), interrogatories 

10 from the Commission regarding such informa11 tion. A complete recording or transcription shall 

12 be made of any deposition made under this 

13 paragraph. 

14 (C) CERTIFICATION.—Each person who 

15 submits materials or information to the Com16 mission pursuant to a subpoena issued under 

17 subparagraph (A) or (B) shall certify to the 

18 Commission the authenticity and completeness 

19 of all materials or information submitted. 

20 (D) TREATMENT OF SUBPOENAS.—Any 

21 subpoena issued by the Commission under sub22 paragraph (A) or (B) shall comply with require23 ments for subpoenas issued by a United States 

24 district court under the Federal Rules of Civil 

25 Procedure. 
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1 (E) FAILURE TO OBEY A SUBPOENA.—If a 

2 person refuses to obey a subpoena issued by the 

3 Commission under subparagraph (A) or (B), 

4 the Commission may apply to a United States 

5 district court for an order requiring that person 

6 to comply with such subpoena. The application 

7 may be made within the judicial district in 

8 which that person is found, resides, or transacts 

9 business. Any failure to obey the order of the 

10 court may be punished by the court as civil con11 tempt. 

12 (9) ARRANGEMENTS WITH NATIONAL RE13 SEARCH COUNCIL.—

14 (A) IN GENERAL.—In carrying out its du15 ties under subsection (b), the Commission shall 

16 arrange with the National Research Council of 

17 the National Academy of Sciences for assist18 ance in conducting the studies required by the 

19 Commission under subsection (b)(2), including 

20 performance of the analysis required under sub21 section (b)(2)(C). 

22 (B) REPORT.—The arrangements entered 

23 into under (A) shall require that the National 

24 Research Council submit a report to the Com25 mission detailing the results of its efforts no 
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1 later than 15 months after the date on which 

2 the Commission first meets. 

3 (C) USE OF FUNDS.—Of amounts appro4 priated to carry out this section, up to 

5 $750,000 shall be available to the Commission 

6 to carry out this paragraph. 

7 (h) BUDGET ACT COMPLIANCE.—Any new contract 

8 authority authorized by this section shall be effective only 

9 to the extent or in the amounts provided in advance in 

10 appropriation Acts. 

11 (i) PRIVACY PROTECTIONS.—

12 (1) DESTRUCTION OR RETURN OF INFORMA13 TION REQUIRED.—Upon the conclusion of the mat14 ter or need for which individually identifiable infor15 mation was disclosed to the Commission, the Com16 mission shall either destroy the individually identifi17 able information or return it to the person or entity 

18 from which it was obtained, unless the individual 

19 that is the subject of the individually identifiable in20 formation has authorized its disclosure. 

21 (2) DISCLOSURE OF INFORMATION PROHIB22 ITED.—Any individual employed by an individual, 

23 entity, or organization under contract to the Com24 mission shall be considered an employee of the Com-
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1 mission for the purposes of section 1905 of title 18, 

2 United States Code. 

3 (3) PROPRIETARY BUSINESS INFORMATION AND

4 FINANCIAL INFORMATION.—The Commission shall 

5 protect from improper use, and may not disclose to 

6 any person, proprietary business information and 

7 proprietary financial information that may be viewed 

8 or obtained by the Commission in the course of car9 rying out its duties under this section. 

10 (4) INDIVIDUALLY IDENTIFIABLE INFORMATION

11 DEFINED.—For the purposes of this section, the 

12 term ‘‘individually identifiable information’’ means 

13 any information, whether oral or recorded in any 

14 form or medium, that identifies an individual, or 

15 with respect to which there is a reasonable basis to 

16 believe that the information can be used to identify 

17 an individual. 

18 (j) TERMINATION OF COMMISSION.—The Commis19 sion shall terminate 30 days after submitting a report 

20 under subsection (d)(1). 

21 (k) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) IN GENERAL.—There is authorized to be 

23 appropriated to the Commission $4,750,000 to carry 

24 out this Act. 
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1 (2) AVAILABILITY.—Any sums appropriated 

2 pursuant to the authorization in subsection (a) shall 

3 remain available until expended. 

4 SEC. 226. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

5 BOARD. 

6 (a) IN GENERAL.—There is established within the 

7 Executive Office of the President a Privacy and Civil Lib8 erties Oversight Board (referred to in this title as the 

9 ‘‘Board’’). 

10 (b) FINDINGS.—Consistent with the report of the Na11 tional Commission on Terrorist Attacks Upon the United 

12 States, Congress makes the following findings: 

13 (1) In conducting the war on terrorism, the 

14 Government may need additional powers and may 

15 need to enhance the use of its existing powers. 

16 (2) This shift of power and authority to the 

17 Government calls for an enhanced system of checks 

18 and balances to protect the precious liberties that 

19 are vital to our way of life and to ensure that the 

20 Government uses its powers for the purposes for 

21 which the powers were given. 

22 (c) PURPOSE.—The Board shall—

23 (1) analyze and review actions the Executive 

24 Branch takes to protect the Nation from terrorism; 

25 and 
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1 (2) ensure that liberty concerns are appro2 priately considered in the development and imple3 mentation of laws, regulations, and policies related 

4 to efforts to protect the Nation against terrorism. 

5 (d) FUNCTIONS.—

6 (1) ADVICE AND COUNSEL ON POLICY DEVEL7 OPMENT AND IMPLEMENTATION.—The Board 

8 shall—

9 (A) review proposed legislation, regula10 tions, and policies related to efforts to protect 

11 the Nation from terrorism, including the devel12 opment and adoption of information sharing 

13 guidelines under section 165; 

14 (B) review the implementation of new and 

15 existing legislation, regulations, and policies re16 lated to efforts to protect the Nation from ter17 rorism, including the implementation of infor18 mation sharing guidelines under section 165; 

19 (C) advise the President and Federal exec20 utive departments and agencies to ensure that 

21 privacy and civil liberties are appropriately con22 sidered in the development and implementation 

23 of such legislation, regulations, policies, and 

24 guidelines; and 
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1 (D) in providing advice on proposals to re2 tain or enhance a particular governmental 

3 power, consider whether the executive depart4 ment or agency has explained—

5 (i) that the power actually materially 

6 enhances security; and 

7 (ii) that there is adequate supervision 

8 of the executive’s use of the power to en9 sure protection of civil liberties. 

10 (2) OVERSIGHT.—The Board shall continually 

11 review—

12 (A) the regulations, policies, and proce13 dures and the implementation of the regula14 tions, policies, procedures, and related laws of 

15 Federal executive departments and agencies to 

16 ensure that privacy and civil liberties are pro17 tected; 

18 (B) the information sharing practices of 

19 Federal executive departments and agencies to 

20 determine whether they appropriately protect 

21 privacy and civil liberties and adhere to the in22 formation sharing guidelines promulgated under 

23 section 165 and to other governing laws, regu24 lations, and policies regarding privacy and civil 

25 liberties; and 
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•HR 5291 IH 

1 (C) other actions by the Executive Branch 

2 related to efforts to protect the Nation from 

3 terrorism to determine whether such actions—

4 (i) appropriately protect privacy and 

5 civil liberties; and 

6 (ii) are consistent with governing 

7 laws, regulations, and policies regarding 

8 privacy and civil liberties. 

9 (3) RELATIONSHIP WITH PRIVACY AND CIVIL

10 LIBERTIES OFFICERS.—The Board shall review and 

11 assess the activities of privacy officers described in 

12 section 224 and, where appropriate, shall coordinate 

13 their activities. 

14 (e) REPORTS.—

15 (1) IN GENERAL.—The Board shall—

16 (A) receive and review reports from privacy 

17 officers described in section 224; and 

18 (B) periodically submit, not less than semi19 annually, reports to Congress and the Presi20 dent. 

21 (2) CONTENTS.—Not less than 2 reports sub22 mitted each year under paragraph (1)(B) shall in23 clude—

24 (A) a description of the major activities of 

25 the Board during the relevant period; and 
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1 (B) information on the findings, conclu2 sions, and recommendations of the Board re3 sulting from its advice and oversight functions 

4 under subsection (d). 

5 (f) INFORMING THE PUBLIC.—The Board shall hold 

6 public hearings, release public reports, and otherwise in7 form the public of its activities, as appropriate and in a 

8 manner consistent with the protection of classified infor9 mation and applicable law. 

10 (g) ACCESS TO INFORMATION.—

11 (1) AUTHORIZATION.—If determined by the 

12 Board to be necessary to carry out its responsibil13 ities under this section, the Board may—

14 (A) secure directly from any Federal exec15 utive department or agency, or any Federal of16 ficer or employee, all relevant records, reports, 

17 audits, reviews, documents, papers, or rec18 ommendations, including classified information 

19 consistent with applicable law; 

20 (B) interview, take statements from, or 

21 take public testimony from personnel of any 

22 Federal executive department or agency or any 

23 Federal officer or employee; 

24 (C) request information or assistance from 

25 any State, tribal, or local government; and 
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1 (D) require, by subpoena, persons other 

2 than Federal executive departments and agen3 cies to produce any relevant information, docu4 ments, reports, answers, records, accounts, pa5 pers, and other documentary or testimonial evi6 dence. 

7 (2) ENFORCEMENT OF SUBPOENA.—In the case 

8 of contumacy or failure to obey a subpoena issued 

9 under paragraph (1)(D), the United States district 

10 court for the judicial district in which the subpoe11 naed person resides, is served, or may be found may 

12 issue an order requiring such person to produce the 

13 evidence required by such subpoena. 

14 (h) MEMBERSHIP.—

15 (1) MEMBERS.—The Board shall be composed 

16 of a chairman and 4 additional members, who shall 

17 be appointed by the President, by and with the ad18 vice and consent of the Senate. 

19 (2) QUALIFICATIONS.—Members of the Board 

20 shall be selected solely on the basis of their profes21 sional qualifications, achievements, public stature, 

22 and relevant experience, and without regard to polit23 ical affiliation. 

24 (3) INCOMPATIBLE OFFICE.—An individual ap25 pointed to the Board may not, while serving on the 
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1 Board, be an elected official, an officer, or an em2 ployee of the Federal Government, other than in the 

3 capacity as a member of the Board. 

4 (i) COMPENSATION AND TRAVEL EXPENSES.—

5 (1) COMPENSATION.—

6 (A) CHAIRMAN.—The chairman shall be 

7 compensated at a rate equal to the daily equiva8 lent of the annual rate of basic pay in effect for 

9 a position at level III of the Executive Schedule 

10 under section 5314 of title 5, United States 

11 Code, for each day during which the chairman 

12 is engaged in the actual performance of the du13 ties of the Board. 

14 (B) MEMBERS.—Each member of the 

15 Board shall be compensated at a rate equal to 

16 the daily equivalent of the annual rate of basic 

17 pay in effect for a position at level IV of the 

18 Executive Schedule under section 5315 of title 

19 5, United States Code, for each day during 

20 which that member is engaged in the actual 

21 performance of the duties of the Board. 

22 (2) TRAVEL EXPENSES.—Members of the 

23 Board shall be allowed travel expenses, including per 

24 diem in lieu of subsistence, at rates authorized for 

25 persons employed intermittently by the Government 
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1 under section 5703(b) of title 5, United States Code, 

2 while away from their homes or regular places of 

3 business in the performance of services for the 

4 Board. 

5 (j) STAFF.—

6 (1) APPOINTMENT AND COMPENSATION.—The 

7 Chairman, in accordance with rules agreed upon by 

8 the Board, shall appoint and fix the compensation of 

9 an executive director and such other personnel as 

10 may be necessary to enable the Board to carry out 

11 its functions, without regard to the provisions of 

12 title 5, United States Code, governing appointments 

13 in the competitive service, and without regard to the 

14 provisions of chapter 51 and subchapter III of chap15 ter 53 of such title relating to classification and 

16 General Schedule pay rates, except that no rate of 

17 pay fixed under this subsection may exceed the 

18 equivalent of that payable for a position at level V 

19 of the Executive Schedule under section 5316 of title 

20 5, United States Code. 

21 (2) DETAILEES.—Any Federal employee may 

22 be detailed to the Board without reimbursement 

23 from the Board, and such detailee shall retain the 

24 rights, status, and privileges of the detailee’s regular 

25 employment without interruption. 
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1 (3) CONSULTANT SERVICES.—The Board may 

2 procure the temporary or intermittent services of ex3 perts and consultants in accordance with section 

4 3109 of title 5, United States Code, at rates that do 

5 not exceed the daily rate paid a person occupying a 

6 position at level IV of the Executive Schedule under 

7 section 5315 of such title. 

8 (k) SECURITY CLEARANCES.—The appropriate Fed9 eral executive departments and agencies shall cooperate 

10 with the Board to expeditiously provide the Board mem11 bers and staff with appropriate security clearances to the 

12 extent possible under existing procedures and require13 ments, except that no person shall be provided with access 

14 to classified information under this section without the ap15 propriate security clearances. 

16 (l) TREATMENT AS AGENCY, NOT AS ADVISORY COM17 MITTEE.—The Board—

18 (1) is an agency (as defined in section 551(1) 

19 of title 5, United States Code); and 

20 (2) is not an advisory committee (as defined in 

21 section 3(2) of the Federal Advisory Committee Act 

22 (5 U.S.C. App.)). 

23 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as may be 

25 necessary to carry out this section. 
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1 Subtitle B—Civil Rights and Civil 

2 Liberties 

3 SEC. 231. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Homeland Security 

5 Civil Rights and Civil Liberties Protection Act of 2004’’. 

6 SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECU7 RITY. 

8 Section 101(b)(1) of the Homeland Security Act of 

9 2002 (6 U.S.C. 111(b)(1)) is amended—

10 (1) in subparagraph (F), by striking ‘‘and’’ 

11 after the semicolon; 

12 (2) by redesignating subparagraph (G) as sub13 paragraph (H); and 

14 (3) by inserting after subparagraph (F) the fol15 lowing: 

16 ‘‘(G) ensure that the civil rights and civil 

17 liberties of persons are not diminished by ef18 forts, activities, and programs aimed at secur19 ing the homeland; and’’. 

20 SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB21 ERTIES. 

22 Section 705(a) of the Homeland Security Act of 2002 

23 (6 U.S.C. 345(a)) is amended—
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1 (1) in the matter preceding paragraph (1), by 

2 inserting ‘‘report directly to the Secretary and shall’’ 

3 after ‘‘who shall’’; 

4 (2) in paragraph (1)–

5 (A) by striking ‘‘alleging’’ and inserting 

6 ‘‘concerning’’; 

7 (B) by striking ‘‘racial and ethnic’’; 

8 (C) by inserting ‘‘on the basis of race, eth9 nicity, or religion,’’ after ‘‘profiling’’; and 

10 (D) by striking ‘‘and’’ after the semicolon 

11 at the end; 

12 (3) in paragraph (2), by striking the period at 

13 the end and inserting a semicolon; and 

14 (4) by adding at the end the following: 

15 ‘‘(3) assist the Secretary, directorates, and of16 fices of the Department to develop, implement, and 

17 periodically review Department policies and proce18 dures to ensure that the protection of civil rights 

19 and civil liberties is appropriately incorporated into 

20 Department programs and activities; 

21 ‘‘(4) oversee compliance with constitutional, 

22 statutory, regulatory, policy, and other requirements 

23 relating to the civil rights and civil liberties of indi24 viduals affected by the programs and activities of 

25 the Department; 
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•HR 5291 IH 

1 ‘‘(5) coordinate with the official appointed 

2 under section 222 to ensure that—

3 ‘‘(A) programs, policies, and procedures in4 volving civil rights, civil liberties, and privacy 

5 considerations are addressed in an integrated 

6 and comprehensive manner; and 

7 ‘‘(B) the Congress receives appropriate re8 ports regarding such programs, policies, and 

9 procedures; and 

10 ‘‘(6) investigate complaints and information in11 dicating possible abuses of civil rights or civil lib12 erties, unless the Inspector General of the Depart13 ment determines that any such complaint or infor14 mation should be investigated by the Inspector Gen15 eral.’’. 

16 SEC. 234. PROTECTION OF CIVIL RIGHTS AND CIVIL LIB17 ERTIES BY OFFICE OF INSPECTOR GENERAL. 

18 (a) DESIGNATION AND FUNCTIONS OF SENIOR OFFI19 CIAL.—The Homeland Security Act of 2002 (Public Law 

20 107–296) is amended by inserting after section 812 the 

21 following: 

22 ‘‘SEC. 813. PROTECTION OF CIVIL RIGHTS AND CIVIL LIB23 ERTIES BY OFFICE OF INSPECTOR GENERAL. 

24 ‘‘(a) DESIGNATION OF SENIOR OFFICIAL.—The In25 spector General of the Department of Homeland Security 
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1 shall designate a senior official within the Office of Inspec2 tor General who is a career member of the civil service 

3 at the equivalent to the GS–15 level or a career member 

4 of the Senior Executive Service, to perform the functions 

5 described in subsection (b). 

6 ‘‘(b) FUNCTIONS.—The senior official designated 

7 under subsection (a) shall–—

8 ‘‘(1) coordinate the activities of the Office of 

9 Inspector General with respect to investigations of 

10 abuses of civil rights or civil liberties; 

11 ‘‘(2) receive and review complaints and infor12 mation from any source alleging abuses of civil 

13 rights and civil liberties by employees or officials of 

14 the Department of Homeland Security or by employ15 ees or officials of independent contractors or grant16 ees of the Department; 

17 ‘‘(3) initiate investigations of alleged abuses of 

18 civil rights or civil liberties by employees or officials 

19 of the Department of Homeland Security or by em20 ployees or officials of independent contractors or 

21 grantees of the Department; 

22 ‘‘(4) ensure that personnel within the Office of 

23 Inspector General receive sufficient training to con24 duct effective civil rights and civil liberties investiga25 tions; 
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1 ‘‘(5) consult with the Officer for Civil Rights 

2 and Civil Liberties of the Department of Homeland 

3 Security regarding—

4 ‘‘(A) alleged abuses of civil rights or civil 

5 liberties; and 

6 ‘‘(B) any policy recommendations regard7 ing civil rights and civil liberties that may be 

8 founded upon an investigation by the Office of 

9 Inspector General; 

10 ‘‘(6) provide the Officer for Civil Rights and 

11 Civil Liberties with information regarding the out12 come of investigations of alleged abuses of civil 

13 rights and civil liberties; 

14 ‘‘(7) refer civil rights and civil liberties matters 

15 that the Inspector General decides not to investigate 

16 to the Officer for Civil Rights and Civil Liberties; 

17 ‘‘(8) ensure that the Office of the Inspector 

18 General publicizes and provides convenient public ac19 cess to information regarding—

20 ‘‘(A) the procedure to file complaints or 

21 comments concerning civil rights and civil lib22 erties matters; and 

23 ‘‘(B) the status of investigations initiated 

24 in response to public complaints; and 
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1 ‘‘(9) inform the Officer for Civil Rights and 

2 Civil Liberties of any weaknesses, problems, and de3 ficiencies within the Department relating to civil 

4 rights or civil liberties.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of such Act is amended by inserting after 

7 the item relating to section 812 the following:

‘‘Sec. 813. Protection of civil rights and civil liberties by Office of Inspector 

General.’’.

8 SEC. 235. PRIVACY OFFICER. 

9 Section 222 of the Homeland Security Act of 2002 

10 (6 U.S.C. 142) is amended—

11 (1) in the matter preceding paragraph (1), by 

12 inserting ‘‘, who shall report directly to the Sec13 retary,’’ after ‘‘in the Department’’; 

14 (2) in paragraph (4), by striking ‘‘and’’ after 

15 the semicolon at the end; 

16 (3) by redesignating paragraph (5) as para17 graph (6); and 

18 (4) by inserting after paragraph (4) the fol19 lowing: 

20 ‘‘(5) coordinating with the Officer for Civil 

21 Rights and Civil Liberties to ensure that—

22 ‘‘(A) programs, policies, and procedures in23 volving civil rights, civil liberties, and privacy 
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1 considerations are addressed in an integrated 

2 and comprehensive manner; and 

3 ‘‘(B) the Congress receives appropriate re4 ports on such programs, policies, and proce5 dures; and’’. 

6 TITLE XVI—PREVENTING THE 

7 RISE OF FUTURE TERRORISTS 

8 SEC. 241. ROLE OF PAKISTAN IN COUNTERING TERRORISM. 

9 (a) FINDINGS.—Consistent with the report of the Na10 tional Commission on Terrorist Attacks Upon the United 

11 States, Congress makes the following findings: 

12 (1) The Government of Pakistan has a critical 

13 role to perform in the struggle against Islamist ter14 rorism. 

15 (2) The endemic poverty, widespread corrup16 tion, and frequent ineffectiveness of government in 

17 Pakistan create opportunities for Islamist recruit18 ment. 

19 (3) The poor quality of education in Pakistan 

20 is particularly worrying, as millions of families send 

21 their children to madrassahs, some of which have 

22 been used as incubators for violent extremism. 

23 (4) The vast unpoliced regions in Pakistan 

24 make the country attractive to extremists seeking 
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1 refuge and recruits and also provide a base for oper2 ations against coalition forces in Afghanistan. 

3 (5) A stable Pakistan, with a government advo4 cating ‘‘enlightened moderation’’ in the Muslim 

5 world, is critical to stability in the region. 

6 (6) There is a widespread belief among the peo7 ple of Pakistan that the United States has long 

8 treated them as allies of convenience. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that—

11 (1) the United States should make a long-term 

12 commitment to assisting in ensuring a promising, 

13 stable, and secure future in Pakistan, as long as its 

14 leaders remain committed to combatting extremists 

15 and implementing a strategy of ‘‘enlightened mod16 eration’’; 

17 (2) the United States aid to Pakistan should be 

18 fulsome and, at a minimum, sustained at the fiscal 

19 year 2004 levels; 

20 (3) the United States should support the Gov21 ernment of Pakistan with a comprehensive effort 

22 that extends from military aid to support for better 

23 education; and 

24 (4) the United States Government should de25 vote particular attention and resources to assisting 
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1 in the improvement of the quality of education in 

2 Pakistan. 

3 (c) REPORT ON SUPPORT FOR PAKISTAN.—

4 (1) REPORT REQUIRED.—Not later than 180 

5 days after the date of the enactment of this Act, the 

6 President shall submit to Congress a report on the 

7 efforts of the United States Government to support 

8 Pakistan and encourage moderation in that country. 

9 (2) CONTENT.—The report required under this 

10 section shall include the following: 

11 (A) An examination of the desirability of 

12 establishing a Pakistan Education Fund to di13 rect resources toward improving the quality of 

14 secondary schools in Pakistan. 

15 (B) Recommendations on the funding nec16 essary to provide various levels of educational 

17 support. 

18 (C) An examination of the current com19 position and levels of United States military aid 

20 to Pakistan, together with any recommenda21 tions for changes in such levels and composition 

22 that the President considers appropriate. 

23 (D) An examination of other major types 

24 of United States financial support to Pakistan, 

25 together with any recommendations for changes 
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1 in the levels and composition of such support 

2 that the President considers appropriate. 

3 SEC. 242. AID TO AFGHANISTAN. 

4 (a) FINDINGS.—Consistent with the report of the Na5 tional Commission on Terrorist Attacks Upon the United 

6 States, Congress makes the following findings: 

7 (1) The United States and its allies in the 

8 international community have made progress in pro9 moting economic and political reform within Afghan10 istan, including the establishment of a central gov11 ernment with a democratic constitution, a new cur12 rency, and a new army, the increase of personal 

13 freedom, and the elevation of the standard of living 

14 of many Afghans. 

15 (2) A number of significant obstacles must be 

16 overcome if Afghanistan is to become a secure and 

17 prosperous democracy, and such a transition de18 pends in particular upon—

19 (A) improving security throughout the 

20 country; 

21 (B) disarming and demobilizing militias; 

22 (C) curtailing the rule of the warlords; 

23 (D) promoting equitable economic develop24 ment; 
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1 (E) protecting the human rights of the 

2 people of Afghanistan; 

3 (F) holding elections for public office; and 

4 (G) ending the cultivation and trafficking 

5 of narcotics. 

6 (3) The United States and the international 

7 community must make a long-term commitment to 

8 addressing the deteriorating security situation in Af9 ghanistan and the burgeoning narcotics trade, en10 demic poverty, and other serious problems in Af11 ghanistan in order to prevent that country from re12 lapsing into a sanctuary for international terrorism. 

13 (b) POLICY.—It shall be the policy of the United 

14 States to take the following actions with respect to Af15 ghanistan: 

16 (1) Working with other nations to obtain long17 term security, political, and financial commitments 

18 and fulfillment of pledges to the Government of Af19 ghanistan to accomplish the objectives of the Af20 ghanistan Freedom Support Act of 2002 (22 U.S.C. 

21 7501 et seq.), especially to ensure a secure, demo22 cratic, and prosperous Afghanistan that respects the 

23 rights of its citizens and is free of international ter24 rorist organizations. 
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1 (2) Using the voice and vote of the United 

2 States in relevant international organizations, in3 cluding the North Atlantic Treaty Organization and 

4 the United Nations Security Council, to strengthen 

5 international commitments to assist the Government 

6 of Afghanistan in enhancing security, building na7 tional police and military forces, increasing counter8 narcotics efforts, and expanding infrastructure and 

9 public services throughout the country. 

10 (3) Taking appropriate steps to increase the as11 sistance provided under programs of the Department 

12 of State and the United States Agency for Inter13 national Development throughout Afghanistan and 

14 to increase the number of personnel of those agen15 cies in Afghanistan as necessary to support the in16 creased assistance. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—

18 (1) FISCAL YEAR 2005.—There are authorized 

19 to be appropriated to the President for fiscal year 

20 2005 for assistance for Afghanistan, in addition to 

21 any amounts otherwise available for the following 

22 purposes, the following amounts: 

23 (A) For Development Assistance to carry 

24 out the provisions of sections 103, 105, and 

25 106 of the Foreign Assistance Act of 1961 (22 
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1 U.S.C. 2151a, 2151c, and 2151d), 

2 $400,000,000. 

3 (B) For the Child Survival and Health 

4 Program Fund to carry out the provisions of 

5 section 104 of the Foreign Assistance Act of 

6 1961 (22 U.S.C. 2151b), $100,000,000. 

7 (C) For the Economic Support Fund to 

8 carry out the provisions of chapter 4 of part II 

9 of the Foreign Assistance Act of 1961 (22 

10 U.S.C. 2346 et seq.), $550,000,000. 

11 (D) For International Narcotics and Law 

12 Enforcement to carry out the provisions of sec13 tion 481 of the Foreign Assistance Act of 1961 

14 (22 U.S.C. 2291), $360,000,000. 

15 (E) For Nonproliferation, Anti-Terrorism, 

16 Demining, and Related Programs, $50,000,000. 

17 (F) For International Military Education 

18 and Training to carry out the provisions of sec19 tion 541 of the Foreign Assistance Act of 1961 

20 (22 U.S.C. 2347), $2,000,000. 

21 (G) For Foreign Military Financing Pro22 gram grants to carry of the provision of section 

23 23 of the Arms Export Control Act (22 U.S.C. 

24 2763), $880,000,000. 
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1 (H) For Peacekeeping Operations to carry 

2 out the provisions of section 551 of the Foreign 

3 Assistance Act of 1961 (22 U.S.C. 2348), 

4 $60,000,000. 

5 (2) FISCAL YEARS 2006 THROUGH 2009.—There 

6 are authorized to be appropriated to the President 

7 for each of fiscal years 2006 through 2009 such 

8 sums as may be necessary for financial and other as9 sistance to Afghanistan. 

10 (3) CONDITIONS FOR ASSISTANCE.—Assistance 

11 provided by the President under this subsection—

12 (A) shall be consistent with the Afghani13 stan Freedom Support Act of 2002; and 

14 (B) shall be provided with reference to the 

15 ‘‘Securing Afghanistan’s Future’’ document 

16 published by the Government of Afghanistan. 

17 (d) SENSE OF CONGRESS.—It is the sense of Con18 gress that Congress should, in consultation with the Presi19 dent, update and revise, as appropriate, the Afghanistan 

20 Freedom Support Act of 2002. 

21 (e) STRATEGY AND SUPPORT REGARDING UNITED

22 STATES AID TO AFGHANISTAN.—

23 (1) REQUIREMENT FOR STRATEGY.—Not later 

24 than 180 days after the date of the enactment of 
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1 this Act, the President shall submit to Congress a 

2 5-year strategy for providing aid to Afghanistan. 

3 (2) CONTENT.—The strategy required under 

4 paragraph (1) shall describe the resources that will 

5 be needed during the next 5 years to achieve specific 

6 objectives in Afghanistan, including in the following 

7 areas: 

8 (A) Fostering economic development. 

9 (B) Curtailing the cultivation of opium. 

10 (C) Achieving internal security and sta11 bility. 

12 (D) Eliminating terrorist sanctuaries. 

13 (E) Increasing governmental capabilities. 

14 (F) Improving essential infrastructure and 

15 public services. 

16 (G) Improving public health services. 

17 (H) Establishing a broad-based edu18 cational system. 

19 (I) Promoting democracy and the rule of 

20 law. 

21 (J) Building national police and military 

22 forces. 

23 (3) UPDATES.—Beginning not later than 1 year 

24 after the strategy is submitted to Congress under 
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1 paragraph (1), the President shall submit to Con2 gress an annual report—

3 (A) updating the progress made toward 

4 achieving the goals outlined in the strategy 

5 under this subsection; and 

6 (B) identifying shortfalls in meeting those 

7 goals and the resources needed to fully achieve 

8 them. 

9 SEC. 243. THE UNITED STATES-SAUDI ARABIA RELATION10 SHIP. 

11 (a) FINDINGS.—Consistent with the report of the Na12 tional Commission on Terrorist Attacks Upon the United 

13 States, Congress makes the following findings: 

14 (1) Despite a long history of friendly relations 

15 with the United States, Saudi Arabia has been a 

16 problematic ally in combating Islamic extremism. 

17 (2) Cooperation between the Governments of 

18 the United States and Saudi Arabia has traditionally 

19 been carried out in private. 

20 (3) The Government of Saudi Arabia has not 

21 always responded promptly and fully to United 

22 States requests for assistance in the global war on 

23 Islamist terrorism. 

24 (4) Counterterrorism cooperation between the 

25 Governments of the United States and Saudi Arabia 
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1 has improved significantly since the terrorist bomb2 ing attacks in Riyadh, Saudi Arabia, on May 12, 

3 2003. 

4 (5) The Government of Saudi Arabia is now ag5 gressively pursuing al Qaeda and appears to be act6 ing to build a domestic consensus for some internal 

7 reforms. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that—

10 (1) the problems in the relationship between the 

11 United States and Saudi Arabia must be confronted 

12 openly, and the opportunities for cooperation be13 tween the countries must be pursued openly by those 

14 governments; 

15 (2) both governments must build a relationship 

16 that they can publicly defend and that is based on 

17 other national interests in addition to their national 

18 interests in oil; 

19 (3) this relationship should include a shared 

20 commitment to political and economic reform in 

21 Saudi Arabia; and 

22 (4) this relationship should also include a 

23 shared interest in greater tolerance and respect for 

24 other cultures in Saudi Arabia and a commitment to 
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1 fight the violent extremists who foment hatred in the 

2 Middle East. 

3 (c) REPORT.—

4 (1) REPORT REQUIRED.—Not later than 180 

5 days after the date of the enactment of this Act, the 

6 President shall submit to Congress a strategy for ex7 panding collaboration with the Government of Saudi 

8 Arabia on subjects of mutual interest and of impor9 tance to the United States. 

10 (2) SCOPE.—As part of this strategy, the Presi11 dent shall consider the utility of undertaking a peri12 odic, formal, and visible high-level dialogue between 

13 senior United States Government officials of cabinet 

14 level or higher rank and their counterparts in the 

15 Government of Saudi Arabia to address challenges 

16 in the relationship between the 2 governments and 

17 to identify areas and mechanisms for cooperation. 

18 (3) CONTENT.—The strategy under this sub19 section shall encompass—

20 (A) intelligence and security cooperation in 

21 the fight against Islamist terrorism; 

22 (B) ways to advance the Middle East peace 

23 process; 

24 (C) political and economic reform in Saudi 

25 Arabia and throughout the Middle East; and 
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1 (D) the promotion of greater tolerance and 

2 respect for cultural and religious diversity in 

3 Saudi Arabia and throughout the Middle East. 

4 SEC. 244. EFFORTS TO COMBAT ISLAMIC TERRORISM BY 

5 ENGAGING IN THE STRUGGLE OF IDEAS IN 

6 THE ISLAMIC WORLD. 

7 (a) FINDINGS.—Consistent with the report of the Na8 tional Commission on Terrorist Attacks Upon the United 

9 States, Congress makes the following findings: 

10 (1) While support for the United States has 

11 plummeted in the Islamic world, many negative 

12 views are uninformed, at best, and, at worst, are in13 formed by coarse stereotypes and caricatures. 

14 (2) Local newspapers in Islamic countries and 

15 influential broadcasters who reach Islamic audiences 

16 through satellite television often reinforce the idea 

17 that the people and Government of the United 

18 States are anti-Muslim. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that—

21 (1) the Government of the United States should 

22 offer an example of moral leadership in the world 

23 that includes a commitment to treat all people hu24 manely, abide by the rule of law, and be generous 
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1 and caring to the people and governments of other 

2 countries; 

3 (2) the United States should cooperate with 

4 governments of Islamic countries to foster agree5 ment on respect for human dignity and opportunity, 

6 and to offer a vision of a better future that includes 

7 stressing life over death, individual educational and 

8 economic opportunity, widespread political participa9 tion, contempt for indiscriminate violence, respect 

10 for the rule of law, openness in discussing dif11 ferences, and tolerance for opposing points of view; 

12 (3) the United States should encourage reform, 

13 freedom, democracy, and opportunity for Arabs and 

14 Muslims and promote moderation in the Islamic 

15 world; and 

16 (4) the United States should work to defeat ex17 tremist ideology in the Islamic world by providing 

18 assistance to moderate Arabs and Muslims to com19 bat extremist ideas. 

20 (c) REPORT ON THE STRUGGLE OF IDEAS IN THE

21 ISLAMIC WORLD.—

22 (1) REPORT REQUIRED.—Not later than 180 

23 days after the date of the enactment of this Act, the 

24 President shall submit to Congress a report that 

25 contains a cohesive long-term strategy for the 
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1 United States Government to help win the struggle 

2 of ideas in the Islamic world. 

3 (2) CONTENT.—The report required under this 

4 section shall include the following: 

5 (A) A description of specific goals related 

6 to winning this struggle of ideas. 

7 (B) A description of the range of tools 

8 available to the United States Government to 

9 accomplish these goals and the manner in which 

10 such tools will be employed. 

11 (C) A list of benchmarks for measuring 

12 success and a plan for linking resources to the 

13 accomplishment of these goals. 

14 (D) A description of any additional re15 sources that may be necessary to help win this 

16 struggle of ideas. 

17 (E) Any recommendations for the creation 

18 of, and United States participation in, inter19 national institutions for the promotion of de20 mocracy and economic diversification in the Is21 lamic world, and intra-regional trade in the 

22 Middle East. 

23 (F) An estimate of the level of United 

24 States financial assistance that would be suffi25 cient to convince United States allies and peo-
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1 ple in the Islamic world that engaging in the 

2 struggle of ideas in the Islamic world is a top 

3 priority of the United States and that the 

4 United States intends to make a substantial 

5 and sustained commitment toward winning this 

6 struggle. 

7 SEC. 245. UNITED STATES POLICY TOWARD DICTATOR8 SHIPS. 

9 (a) FINDING.—Consistent with the report of the Na10 tional Commission on Terrorist Attacks Upon the United 

11 States, Congress finds that short-term gains enjoyed by 

12 the United States through cooperation with the world’s 

13 most repressive and brutal governments are too often out14 weighed by long-term setbacks for the stature and inter15 ests of the United States. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that—

18 (1) United States foreign policy should promote 

19 the value of life and the importance of individual 

20 educational and economic opportunity, encourage 

21 widespread political participation, condemn indis22 criminate violence, and promote respect for the rule 

23 of law, openness in discussing differences among 

24 people, and tolerance for opposing points of view; 

25 and 
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1 (2) the United States Government must prevail 

2 upon the governments of all predominantly Muslim 

3 countries, including those that are friends and allies 

4 of the United States, to condemn indiscriminate vio5 lence, promote the value of life, respect and promote 

6 the principles of individual education and economic 

7 opportunity, encourage widespread political partici8 pation, and promote the rule of law, openness in dis9 cussing differences among people, and tolerance for 

10 opposing points of view. 

11 SEC. 246. PROMOTION OF UNITED STATES VALUES 

12 THROUGH BROADCAST MEDIA. 

13 (a) FINDINGS.—Consistent with the report of the Na14 tional Commission on Terrorist Attacks Upon the United 

15 States, Congress makes the following findings: 

16 (1) Although the United States has dem17 onstrated and promoted its values in defending Mus18 lims against tyrants and criminals in Somalia, Bos19 nia, Kosovo, Afghanistan, and Iraq, this message is 

20 not always clearly presented in the Islamic world. 

21 (2) If the United States does not act to vigor22 ously define its message in the Islamic world, the 

23 image of the United States will be defined by Is24 lamic extremists who seek to demonize the United 

25 States. 
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1 (3) Recognizing that many Arab and Muslim 

2 audiences rely on satellite television and radio, the 

3 United States Government has launched promising 

4 initiatives in television and radio broadcasting to the 

5 Arab world, Iran, and Afghanistan. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that—

8 (1) the United States must do more to defend 

9 and promote its values and ideals to the broadest 

10 possible audience in the Islamic world; 

11 (2) United States efforts to defend and promote 

12 these values and ideals are beginning to ensure that 

13 accurate expressions of these values reach large au14 diences in the Islamic world and should be robustly 

15 supported; 

16 (3) the United States Government could and 

17 should do more to engage the Muslim world in the 

18 struggle of ideas; and 

19 (4) the United States Government should more 

20 intensively employ existing broadcast media in the 

21 Islamic world as part of this engagement. 

22 (c) REPORT ON OUTREACH STRATEGY.—

23 (1) REPORT REQUIRED.—Not later than 180 

24 days after the date of the enactment of this Act, the 

25 President shall submit to Congress a report on the 
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1 strategy of the United States Government for ex2 panding its outreach to foreign Muslim audiences 

3 through broadcast media. 

4 (2) CONTENT.—The report shall include the 

5 following: 

6 (A) The initiatives of the Broadcasting 

7 Board of Governors and the public diplomacy 

8 activities of the Department of State with re9 spect to outreach to foreign Muslim audiences. 

10 (B) An outline of recommended actions 

11 that the United States Government should take 

12 to more regularly and comprehensively present 

13 a United States point of view through indige14 nous broadcast media in countries with sizable 

15 Muslim populations, including increasing ap16 pearances by United States Government offi17 cials, experts, and citizens. 

18 (C) An assessment of potential incentives 

19 for, and costs associated with, encouraging 

20 United States broadcasters to dub or subtitle 

21 into Arabic and other relevant languages their 

22 news and public affairs programs broadcast in 

23 the Muslim world in order to present those pro24 grams to a much broader Muslim audience than 

25 is currently reached. 
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1 (D) Any recommendations the President 

2 may have for additional funding and legislation 

3 necessary to achieve the objectives of the strat4 egy. 

5 (d) AUTHORIZATIONS OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the President to carry 

7 out United States Government broadcasting activities 

8 under the United States Information and Educational Ex9 change Act of 1948 (22 U.S.C. 1431 et seq.), the United 

10 States International Broadcasting Act of 1994 (22 U.S.C. 

11 6201 et seq.), and the Foreign Affairs Reform and Re12 structuring Act of 1998 (22 U.S.C. 6501 et seq.), and to 

13 carry out other activities under this section consistent with 

14 the purposes of such Acts, the following amounts: 

15 (1) INTERNATIONAL BROADCASTING OPER16 ATIONS.—For International Broadcasting Oper17 ations—

18 (A) $717,160,000 for fiscal year 2005; and 

19 (B) such sums as may be necessary for 

20 each of the fiscal years 2006 through 2009. 

21 (2) BROADCASTING CAPITAL IMPROVEMENTS.—

22 For Broadcasting Capital Improvements—

23 (A) $11,040,000 for fiscal year 2005; and 

24 (B) such sums as may be necessary for 

25 each of the fiscal years 2006 through 2009. 
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1 SEC. 247. USE OF UNITED STATES SCHOLARSHIP AND EX2 CHANGE PROGRAMS IN THE ISLAMIC WORLD. 

3 (a) FINDINGS.—Consistent with the report of the Na4 tional Commission on Terrorist Attacks Upon the United 

5 States, Congress makes the following findings: 

6 (1) Exchange, scholarship, and library pro7 grams are effective ways for the United States Gov8 ernment to promote internationally the values and 

9 ideals of the United States. 

10 (2) Exchange, scholarship, and library pro11 grams can expose young people from other countries 

12 to United States values and offer them knowledge 

13 and hope. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the United States should expand its exchange, 

16 scholarship, and library programs, especially those that 

17 benefit people in the Arab and Muslim worlds. 

18 (c) DEFINITIONS.—In this section: 

19 (1) ELIGIBLE COUNTRY.—The term ‘‘eligible 

20 country’’ means a country or entity in Africa, the 

21 Middle East, Central Asia, South Asia, or Southeast 

22 Asia that—

23 (A) has a sizable Muslim population; and 

24 (B) is designated by the Secretary of State 

25 as eligible to participate in programs under this 

26 section. 
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1 (2) SECRETARY.—Except as otherwise specifi2 cally provided, the term ‘‘Secretary’’ means the Sec3 retary of State. 

4 (3) UNITED STATES ENTITY.—The term 

5 ‘‘United States entity’’ means an entity that is orga6 nized under the laws of the United States, any 

7 State, the District of Columbia, the Commonwealth 

8 of Puerto Rico, Guam, the United States Virgin Is9 lands, the Commonwealth of the Northern Mariana 

10 Islands, American Samoa, or any other territory or 

11 possession of the United States. 

12 (4) UNITED STATES SPONSORING ORGANIZA13 TION.—The term ‘‘United States sponsoring organi14 zation’’ means a nongovernmental organization that 

15 is—

16 (A) based in the United States; and 

17 (B) controlled by a citizen of the United 

18 States or a United States entity that is des19 ignated by the Secretary, pursuant to regula20 tions, to carry out a program authorized by 

21 subsection (e). 

22 (d) EXPANSION OF EDUCATIONAL AND CULTURAL

23 EXCHANGES.—

24 (1) PURPOSE.—The purpose of this subsection 

25 is to provide for the expansion of international edu-
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1 cational and cultural exchange programs between 

2 the United States and eligible countries. 

3 (2) SPECIFIC PROGRAMS.—In carrying out this 

4 subsection, the Secretary is authorized to conduct or 

5 initiate programs in eligible countries as follows: 

6 (A) FULBRIGHT EXCHANGE PROGRAM.—

7 (i) INCREASED NUMBER OF

8 AWARDS.—The Secretary is authorized to 

9 substantially increase the number of 

10 awards under the J. William Fulbright 

11 Educational Exchange Program. 

12 (ii) INTERNATIONAL SUPPORT FOR

13 FULBRIGHT PROGRAM.—The Secretary 

14 shall work to increase support for the J. 

15 William Fulbright Educational Exchange 

16 Program in eligible countries in order to 

17 enhance academic and scholarly exchanges 

18 with those countries. 

19 (B) HUBERT H. HUMPHREY FELLOW20 SHIPS.—The Secretary is authorized to sub21 stantially increase the number of Hubert H. 

22 Humphrey Fellowships awarded to candidates 

23 from eligible countries. 

24 (C) SISTER INSTITUTIONS PROGRAMS.—

25 The Secretary is authorized to facilitate the es-
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1 tablishment of sister institution programs be2 tween cities and municipalities and other insti3 tutions in the United States and in eligible 

4 countries in order to enhance mutual under5 standing at the community level. 

6 (D) LIBRARY TRAINING EXCHANGES.—The 

7 Secretary is authorized to develop a demonstra8 tion program, including training in the library 

9 sciences, to assist governments in eligible coun10 tries to establish or upgrade the public library 

11 systems of such countries for the purpose of im12 proving literacy. 

13 (E) INTERNATIONAL VISITORS PRO14 GRAM.—The Secretary is authorized to expand 

15 the number of participants from eligible coun16 tries in the International Visitors Program. 

17 (F) YOUTH AMBASSADORS.—

18 (i) IN GENERAL.—The Secretary is 

19 authorized to establish a youth ambas20 sadors program for visits by middle and 

21 secondary school students from eligible 

22 countries to the United States to partici23 pate in activities, including cultural and 

24 educational activities, that are designed to 
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1 familiarize participating students with 

2 United States society and values. 

3 (ii) VISITS.—The visits of students 

4 who are participating in the youth ambas5 sador program under clause (i) shall be 

6 scheduled during the school holidays in the 

7 home countries of the students and may 

8 not exceed 4 weeks. 

9 (iii) CRITERIA.—Students selected to 

10 participate in the youth ambassador pro11 gram shall reflect the economic and geo12 graphic diversity of eligible countries. 

13 (G) EDUCATION REFORM.—The Secretary 

14 is authorized—

15 (i) to expand programs that seek to 

16 improve the quality of primary and sec17 ondary school systems in eligible countries; 

18 and 

19 (ii) in order to foster understanding of 

20 the United States, to promote civic edu21 cation through teacher exchanges, teacher 

22 training, textbook modernization, and 

23 other efforts. 

24 (H) PROMOTION OF RELIGIOUS FREE25 DOM.—The Secretary is authorized to establish 
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1 a program to promote dialogue and exchange 

2 among leaders and scholars of all faiths from 

3 the United States and eligible countries. 

4 (I) BRIDGING THE DIGITAL DIVIDE.—The 

5 Secretary is authorized to establish a program 

6 to help foster access to information technology 

7 among underserved populations and by civil so8 ciety groups in eligible countries. 

9 (J) PEOPLE-TO-PEOPLE DIPLOMACY.—The 

10 Secretary is authorized to expand efforts to 

11 promote United States public diplomacy inter12 ests in eligible countries through cultural, arts, 

13 entertainment, sports and other exchanges. 

14 (K) COLLEGE SCHOLARSHIPS.—

15 (i) IN GENERAL.—The Secretary is 

16 authorized to establish a program to offer 

17 scholarships to permit individuals to attend 

18 eligible colleges and universities. 

19 (ii) ELIGIBILITY FOR PROGRAM.—To 

20 be eligible for the scholarship program, an 

21 individual shall be a citizen or resident of 

22 an eligible country who has graduated 

23 from a secondary school in an eligible 

24 country. 
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1 (iii) ELIGIBLE COLLEGE OR UNIVER2 SITY DEFINED.—In this subparagraph, the 

3 term ‘‘eligible college or university’’ means 

4 a college or university that is organized 

5 under the laws of the United States, a 

6 State, or the District of Columbia, accred7 ited by an accrediting agency recognized by 

8 the Secretary of Education, and primarily 

9 located in, but not controlled by, an eligible 

10 country. 

11 (L) LANGUAGE TRAINING PROGRAM.—The 

12 Secretary is authorized to provide travel and 

13 subsistence funding for students who are 

14 United States citizens to travel to eligible coun15 tries to participate in immersion training pro16 grams in languages used in such countries and 

17 to develop regulations governing the provision 

18 of such funding. 

19 (e) SECONDARY SCHOOL EXCHANGE PROGRAM.—

20 (1) IN GENERAL.—The Secretary is authorized 

21 to establish an international exchange visitor pro22 gram, modeled on the Future Leaders Exchange 

23 Program established under the FREEDOM Support 

24 Act (22 U.S.C. 5801 et seq.), for eligible students 

25 to—
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1 (A) attend public secondary school in the 

2 United States; 

3 (B) live with a host family in the United 

4 States; and 

5 (C) participate in activities designed to 

6 promote a greater understanding of United 

7 States and Islamic values and culture. 

8 (2) ELIGIBLE STUDENT DEFINED.—In this sub9 section, the term ‘‘eligible student’’ means an indi10 vidual who—

11 (A) is a national of an eligible country; 

12 (B) is at least 15 years of age but not 

13 more than 18 years and 6 months of age at the 

14 time of enrollment in the program; 

15 (C) is enrolled in a secondary school in an 

16 eligible country; 

17 (D) has completed not more than 11 years 

18 of primary and secondary education, exclusive 

19 of kindergarten; 

20 (E) demonstrates maturity, good char21 acter, and scholastic aptitude, and has the pro22 ficiency in the English language necessary to 

23 participate in the program; 

24 (F) has not previously participated in an 

25 exchange program in the United States spon-
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1 sored by the Government of the United States; 

2 and 

3 (G) is not prohibited from entering the 

4 United States under any provision of the Immi5 gration and Nationality Act (8 U.S.C. 1101 et 

6 seq.) or any other provision of law related to 

7 immigration and nationality. 

8 (3) COMPLIANCE WITH VISA REQUIREMENTS.—

9 An eligible student may not participate in the ex10 change visitor program authorized by paragraph (1) 

11 unless the eligible student has the status of non12 immigrant under section 101(a)(15)(J) of the Immi13 gration and Nationality Act (8 U.S.C. 

14 1101(a)(15)(J)). 

15 (4) BROAD PARTICIPATION.—Whenever appro16 priate, the Secretary shall make special provisions to 

17 ensure the broadest possible participation in the ex18 change visitor program authorized by paragraph (1), 

19 particularly among females and less advantaged citi20 zens of eligible countries. 

21 (5) DESIGNATED EXCHANGE VISITOR PRO22 GRAM.—The exchange visitor program authorized by 

23 paragraph (1) shall be a designated exchange visitor 

24 program for the purposes of section 641 of the Ille-
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1 gal Immigration Reform and Immigrant Responsi2 bility Act of 1996 (8 U.S.C. 1372). 

3 (6) REGULAR REPORTING TO THE SEC4 RETARY.—If the Secretary utilizes a United States 

5 sponsoring organization to carry out the exchange 

6 visitor program authorized by paragraph (1), such 

7 United States sponsoring organization shall report 

8 regularly to the Secretary on the progress it has 

9 made to implement such program. 

10 (f) REPORT ON EXPEDITING VISAS FOR PARTICI11 PANTS IN EXCHANGE, SCHOLARSHIP, AND VISITORS PRO12 GRAMS.—

13 (1) REQUIREMENT.—Not later than 180 days 

14 after the date of the enactment of this Act, the Sec15 retary and the Secretary of Homeland Security shall 

16 submit to Congress a report on expediting the 

17 issuance of visas to individuals who are entering the 

18 United States for the purpose of participating in a 

19 scholarship, exchange, or visitor program authorized 

20 in subsection (d) or (e) without compromising the 

21 security of the United States. 

22 (2) RECOMMENDATIONS.—The report required 

23 by paragraph (1) shall include—

24 (A) the recommendations of the Secretary 

25 and the Secretary of Homeland Security, if any, 
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1 for methods to expedite the processing of re2 quests for such visas; and 

3 (B) a proposed schedule for implementing 

4 any recommendations described in subpara5 graph (A). 

6 (g) AUTHORIZATION OF APPROPRIATIONS.—Of the 

7 amounts authorized to be appropriated for educational 

8 and cultural exchange programs for fiscal year 2005, there 

9 is authorized to be appropriated to the Department of 

10 State $60,000,000 to carry out programs under this sec11 tion. 

12 SEC. 248. INTERNATIONAL YOUTH OPPORTUNITY FUND. 

13 (a) FINDINGS.—Consistent with the report of the Na14 tional Commission on Terrorist Attacks Upon the United 

15 States, Congress makes the following findings: 

16 (1) Education that teaches tolerance, the dig17 nity and value of each individual, and respect for 

18 different beliefs is a key element in any global strat19 egy to eliminate Islamist terrorism. 

20 (2) Education in the Middle East about the 

21 world outside that region is weak. 

22 (3) The United Nations has rightly equated lit23 eracy with freedom. 

24 (4) The international community is moving to25 ward setting a concrete goal of reducing by half the 
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1 illiteracy rate in the Middle East by 2010, through 

2 the implementation of education programs targeting 

3 women and girls and programs for adult literacy, 

4 and by other means. 

5 (5) To be effective, the effort to improve edu6 cation in the Middle East must also include—

7 (A) support for the provision of basic edu8 cation tools, such as textbooks that translate 

9 more of the world’s knowledge into local lan10 guages and local libraries to house such mate11 rials; and 

12 (B) more vocational education in trades 

13 and business skills. 

14 (6) The Middle East can benefit from some of 

15 the same programs to bridge the digital divide that 

16 already have been developed for other regions of the 

17 world. 

18 (b) INTERNATIONAL YOUTH OPPORTUNITY FUND.—

19 (1) ESTABLISHMENT.—

20 (A) IN GENERAL.—The President shall es21 tablish an International Youth Opportunity 

22 Fund (hereafter in this section referred to as 

23 the ‘‘Fund’’). 

24 (B) INTERNATIONAL PARTICIPATION.—

25 The President shall seek the cooperation of the 
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1 international community in establishing and 

2 generously supporting the Fund. 

3 (2) PURPOSE.—The purpose of the Fund shall 

4 be to provide financial assistance for the improve5 ment of public education in the Middle East, includ6 ing assistance for the construction and operation of 

7 primary and secondary schools in countries that 

8 have a sizable Muslim population and that commit 

9 to sensibly investing their own financial resources in 

10 public education. 

11 (3) ELIGIBILITY FOR ASSISTANCE.—

12 (A) DETERMINATION.—The Secretary of 

13 State, in coordination with the Administrator of 

14 the United States Agency for International De15 velopment, shall determine which countries are 

16 eligible for assistance through the Fund. 

17 (B) CRITERIA.—In determining whether a 

18 country is eligible for assistance, the Secretary 

19 shall consider whether the government of that 

20 country is sensibly investing financial resources 

21 in public education and is committed to pro22 moting a system of education that teaches toler23 ance, the dignity and value of each individual, 

24 and respect for different beliefs. 
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1 (4) USE OF FUNDS.—Financial assistance pro2 vided through the Fund shall be used for expanding 

3 literacy programs, providing textbooks, reducing the 

4 digital divide, expanding vocational and business 

5 education, constructing and operating public schools, 

6 establishing local libraries, training teachers in mod7 ern education techniques, and promoting public edu8 cation that teaches tolerance, the dignity and value 

9 of each individual, and respect for different beliefs. 

10 (c) REPORT.—

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of the enactment of this Act, and an13 nually thereafter, the Secretary of State and the Ad14 ministrator of the United States Agency for Inter15 national Development shall jointly prepare and sub16 mit to Congress a report on the improvement of edu17 cation in the Middle East. 

18 (2) CONTENT.—Reports submitted under this 

19 subsection shall include the following: 

20 (A) A general strategy for working with el21 igible host governments in the Middle East to22 ward establishing the International Youth Op23 portunity Fund and related programs. 

24 (B) A listing of countries that are eligible 

25 for assistance under such programs. 
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1 (C) A description of the specific programs 

2 initiated in each eligible country and the 

3 amount expended in support of such programs. 

4 (D) A description of activities undertaken 

5 to close the digital divide and expand vocational 

6 and business skills in eligible countries. 

7 (E) A listing of activities that could be un8 dertaken if additional funding were provided 

9 and the amount of funding that would be nec10 essary to carry out such activities. 

11 (F) A strategy for garnering programmatic 

12 and financial support from international organi13 zations and other countries in support of the 

14 Fund and activities related to the improvement 

15 of public education in eligible countries. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the President for the 

18 establishment of the International Youth Opportunity 

19 Fund, in addition to any amounts otherwise available for 

20 such purpose, $40,000,000 for fiscal year 2005 and such 

21 sums as may be necessary for fiscal years 2006 through 

22 2009. 
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1 SEC. 249. REPORT ON THE USE OF ECONOMIC POLICIES TO 

2 COMBAT TERRORISM. 

3 (a) FINDINGS.—Consistent with the report of the Na4 tional Commission on Terrorist Attacks Upon the United 

5 States, Congress makes the following findings: 

6 (1) While terrorism is not caused by poverty, 

7 breeding grounds for terrorism are created by back8 ward economic policies and repressive political re9 gimes. 

10 (2) Policies that support economic development 

11 and reform also have political implications, as eco12 nomic and political liberties are often linked. 

13 (3) The United States is working toward cre14 ating a Middle East Free Trade Area by 2013 and 

15 implementing a free trade agreement with Bahrain, 

16 and free trade agreements exist between the United 

17 States and Israel and the United States and Jordan. 

18 (4) Existing and proposed free trade agree19 ments between the United States and Islamic coun20 tries are drawing interest from other countries in 

21 the Middle East region, and Islamic countries can 

22 become full participants in the rules-based global 

23 trading system, as the United States considers low24 ering its barriers to trade with the poorest Arab 

25 countries. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that—

3 (1) a comprehensive United States strategy to 

4 counter terrorism should include economic policies 

5 that encourage development, open societies, and op6 portunities for people to improve the lives of their 

7 families and to enhance prospects for their children’s 

8 future; 

9 (2) 1 element of such a strategy should encom10 pass the lowering of trade barriers with the poorest 

11 countries that have a significant population of Arab 

12 or Muslim individuals; 

13 (3) another element of such a strategy should 

14 encompass United States efforts to promote eco15 nomic reform in countries that have a significant 

16 population of Arab or Muslim individuals, including 

17 efforts to integrate such countries into the global 

18 trading system; and 

19 (4) given the importance of the rule of law in 

20 promoting economic development and attracting in21 vestment, the United States should devote an in22 creased proportion of its assistance to countries in 

23 the Middle East to the promotion of the rule of law. 

24 (c) REPORT.—
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the 

3 President shall submit to Congress a report on the 

4 efforts of the United States Government to encour5 age development and promote economic reform in 

6 countries that have a significant population of Arab 

7 or Muslim individuals. 

8 (2) CONTENT.—The report required under this 

9 subsection shall describe—

10 (A) efforts to integrate countries with sig11 nificant populations of Arab or Muslim individ12 uals into the global trading system; and 

13 (B) actions that the United States Govern14 ment, acting alone and in partnership with 

15 other governments in the Middle East, can take 

16 to promote intra-regional trade and the rule of 

17 law in the region. 

18 SEC. 250. MIDDLE EAST PARTNERSHIP INITIATIVE. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated for fiscal year 2005 

21 $200,000,000 for the Middle East Partnership Initiative. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that, given the importance of the rule of law and 

24 economic reform to development in the Middle East, a sig25 nificant portion of the funds authorized to be appropriated 
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1 under subsection (a) should be made available to promote 

2 the rule of law in the Middle East. 

3 SEC. 251. COMPREHENSIVE COALITION STRATEGY FOR 

4 FIGHTING TERRORISM. 

5 (a) FINDINGS.—Consistent with the report of the Na6 tional Commission on Terrorist Attacks Upon the United 

7 States, Congress makes the following findings: 

8 (1) Almost every aspect of the counterterrorism 

9 strategy of the United States relies on international 

10 cooperation. 

11 (2) Since September 11, 2001, the number and 

12 scope of United States Government contacts with 

13 foreign governments concerning counterterrorism 

14 have expanded significantly, but such contacts have 

15 often been ad hoc and not integrated as a com16 prehensive and unified approach. 

17 (b) INTERNATIONAL CONTACT GROUP ON

18 COUNTERTERRORISM.—

19 (1) SENSE OF CONGRESS.—It is the sense of 

20 Congress that the President—

21 (A) should seek to engage the leaders of 

22 the governments of other countries in a process 

23 of advancing beyond separate and uncoordi24 nated national counterterrorism strategies to 

25 develop with those other governments a com-
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1 prehensive coalition strategy to fight Islamist 

2 terrorism; and 

3 (B) to that end, should seek to establish 

4 an international counterterrorism policy contact 

5 group with the leaders of governments pro6 viding leadership in global counterterrorism ef7 forts and governments of countries with sizable 

8 Muslim populations, to be used as a ready and 

9 flexible international means for discussing and 

10 coordinating the development of important 

11 counterterrorism policies by the participating 

12 governments. 

13 (2) AUTHORITY.—The President is authorized 

14 to establish an international counterterrorism policy 

15 contact group with the leaders of governments re16 ferred to in paragraph (1) for purposes as follows: 

17 (A) To develop in common with such other 

18 countries important policies and a strategy that 

19 address the various components of international 

20 prosecution of the war on terrorism, including 

21 policies and a strategy that address military 

22 issues, law enforcement, the collection, analysis, 

23 and dissemination of intelligence, issues relating 

24 to interdiction of travel by terrorists, 

25 counterterrorism-related customs issues, finan-
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1 cial issues, and issues relating to terrorist sanc2 tuaries. 

3 (B) To address, to the extent (if any) that 

4 the President and leaders of other participating 

5 governments determine appropriate, such long6 term issues as economic and political reforms 

7 that can contribute to strengthening stability 

8 and security in the Middle East.

Æ