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(B) Exception
The Secretary shall reimburse public safety agencies directly for costs incurred for expenditures related to achieving communications interoperability, if— (i) the public safety agency expended funds after September 11, 2001, and before the date of enactment of this subsection; and (ii) such expenditures are consistent with and supportive of the communications interoperability plan approved by the Secretary under paragraph (4)(A)(iii). (C) Termination of authority
The authority of the Secretary under subparagraph (B) shall terminate one year after the date on which the Department of Homeland Security first allocates grant funds for this program.
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(7) Authorization of appropriations
There are authorized to be appropriated to the Secretary $500,000,000 for fiscal year 2005, $750,000,000 for fiscal year 2006, $1,000,000,000 for fiscal year 2007, $1,250,000,000 for fiscal year 2008, $1,500,000,000 for fiscal year 2009, and such sums as are necessary each fiscal year thereafter, to carry out the purposes of this subsection.. 221.
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Short title
This subtitle may be cited as the Strengthening Homeland Innovation to Emphasize Liberty, Democracy, and Privacy Act or the SHIELD Privacy Act. 222. Findings
The Congress finds the following: (1) The protection of our Nation’s civil liberties and privacy is fundamental to the American way of life. (2) Strengthening our homeland security ensures that our way of life and the rights protected by the Constitution remain intact.
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(3) In developing homeland security initiatives, our Government must take care to protect fundamental constitutional rights and strive to minimize unnecessary impositions on the freedoms and privileges enjoyed in the United States. (4) As governments develop and employ new technologies and gather information from the private sector for homeland security efforts, they must ensure that our society’s constitutional guarantees relating to privacy, due process, and civil liberties are protected. 223.
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Chief Privacy Officer
(a) Designation
The President shall designate a senior official within the Office of Management and Budget as the Chief Privacy Officer, who shall have primary responsibility for privacy policy throughout the Federal Government. (b) Specific responsibilities
The responsibilities of the Chief Privacy Officer shall include the following: (1) Assuring that the technologies procured and use of technologies by the Federal Government sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personally identifiable information.
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(2) Assuring that personally identifiable information contained in systems of records (as that term is defined in section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974 ) is handled in full compliance with fair information practices required under that section. (3) Evaluating legislative and regulatory proposals involving collection, use, and disclosure of personally identifiable information by the Federal Government.
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(4) Exercising responsibility currently vested in the Director of the Office of Management and Budget with respect to privacy impact assessment rules, regulations, and oversight under section 208 of the E-Gov Act of 2002 ( 44 U.S.C. 3501 note). (5) Preparing an annual report to the Congress containing an agency-by-agency analysis of Federal activities that affect privacy, including complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, and other matters.
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(c) Agency information
The head of each Federal agency shall provide to the Chief Privacy Officer such information as the Chief Privacy Officer considers necessary for the completion of the annual reports under subsection (b)(5). (d) Report by Secretary of Homeland Security
Section 222(5) of the Homeland Security Act of 2002 ( 6 U.S.C. 142(5) ) is amended by striking Congress and inserting the chief Privacy Officer of the Office of Management and Budget. 224.
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Privacy policy of departments and independent agencies
(a) Officials responsible for privacy policy
The head of each department and each independent agency in the executive branch shall appoint a senior official of the department or independent agency, respectively, to assure primary responsibility for privacy policy, including the following: (1) Assuring that technologies procured and use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personally identifiable information.
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(2) Assuring that personally identifiable information contained in systems of records (as that term is defined in section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974 ) is handled in full compliance with fair information practices required under that section. (3) Evaluating legislative and regulatory proposals involving collection, use, and disclosure of personally identifiable information by the Federal Government. (4) Conducting privacy impact assessments under subsection (b). (5) Ensuring that the department or agency protects personally identifiable information and information systems from unauthorized access, use, disclosure, disruption,
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modification, or destruction in order to provide— (A) integrity, by— (i) guarding against improper information modification or destruction; and (ii) ensuring information nonrepudiation and authenticity; (B) confidentiality, by preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; (C) availability, by ensuring timely and reliable access to and use of that information; and (D) authentication, by utilizing digital credentials to assure the identity of users and validate their access.
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(6) Submitting an annual report to the Director of the Office of Management and Budget on activities of their agencies that affect privacy, including complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, and other matters.
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(b) Privacy impact assessments
(1) Requirement
The official appointed under subsection (a) for a department or independent agency shall— (A) assess the impact on privacy of each proposed action of the Department or agency that will require collecting, using, or accessing personally identifiable information from 10 or more persons; and (B) make the results of such assessments publicly available through the World Wide Web site of the Department.
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(2) Matters considered
Each assessment under this subsection regarding a proposed action shall consider the following: (A) The type of any personally identifiable information to be collected, used, or accessed by the Department. (B) Why such information will be collected, used, or accessed. (C) The intended use of such information. (D) The persons with whom such information will be shared. (E) What notice or consent will be provided to individuals regarding such information to be collected or accessed, and how that information will be shared. (F) How such information will be secured.
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(G) Whether a system of records will be created for purposes of section 552a of title 5, United States Code. (H) The method by which, extent to which, and rate at which such collected information will be destroyed or returned. 225. Commission on Privacy, Freedom, and Homeland Security
(a) Establishment
There is established a commission to be known as the Commission on Privacy, Freedom, and Homeland Security.
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(b) Duties of commission
(1) In general
The Commission shall conduct a comprehensive legal and factual study relating to United States efforts to further homeland security in a manner that protects privacy, civil liberties, and individual freedoms. (2) Matters to be studied
The matters studied by the Commission under paragraph (1) shall at a minimum include the following: (A) A review of whether Federal agencies are properly assessing the privacy implications of new homeland security technologies before implementing and deploying such technologies.
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(B) The impact of existing Federal and State privacy statutes and regulations, legislation pending before the Congress, and privacy protection efforts undertaken by the Federal Government, State governments, foreign governments, and international governing bodies on homeland security. (C) The impact of Federal legislation enacted since September 11, 2001, or pending before the Congress, on civil liberties. (D) The likely effectiveness of existing technologies for analyzing public and private sources of data and information to identify terrorists and prevent terrorist acts.
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(c) Field hearings
(1) In general
The Commission shall conduct at least 2 field hearings in each of the 5 geographical regions of the United States. (2) Determination of regions
For purposes of this subsection, the Commission may determine the boundaries of the 5 geographical regions of the United States. (d) Report
(1) In general
No later than 24 months after the date on which the Commission first meets, the Commission shall submit to the President and the Congress a comprehensive report of the Commission’s findings, recommendations, and conclusions.
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Such report shall include a summary of the report submitted to the Commission by the National Research Council under subsection (g)(9), and a summary of any other material relied on by the Commission in the preparation of its report. (2) Recommendations
The report under paragraph (1) shall include recommendations regarding the following: (A) Steps Federal agencies should take when considering new homeland security technologies to ensure that privacy implications are adequately considered before such technologies are implemented.
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(B) Whether additional legislation is necessary to reform or augment current laws and regulations relating to privacy and homeland security, including specific reform proposals and an analysis of the financial costs of any proposed changes. (C) Safeguards and protection that should be in place when the Federal Government uses an individual’s personally identifiable information obtained from a commercial database or a list for counterterrorism and homeland security purposes. (3) Additional report
The Commission shall submit to the Congress and the President, with the report under paragraph (1), any additional report of dissenting opinions or minority views by any member of the Commission.
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(4) Interim report
The Commission may submit to the Congress and the President interim reports approved by a majority of the members of the Commission. (e) Structure of Commission
(1) Member and appointment
The Commission shall be composed of 10 members appointed as follows: (A) 1 member appointed by the President, who shall be the chairperson of the Commission. (B) 1 member appointed jointly by the minority leader of the House of Representatives and the minority leader of the Senate, who shall be the vice chairperson of the Commission.
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(C) 2 members appointed by the majority leader of the House of Representatives. (D) 2 members appointed by the minority leader of the House of Representatives. (E) 2 members appointed by the majority leader of the Senate. (F) 2 members appointed by the minority leader of the Senate.
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(2) Qualifications of members
The appointing authorities under subsection (1) shall seek to ensure that the membership of the Commission has a diversity of views and experiences on the matters to be studied by the Commission, including views and knowledge of law, civil rights and liberties, privacy matters, homeland security, information technology, security, database integration, and law enforcement. (3) Date of appointment
The appointment of the members of the Commission shall be made not later than 30 days after the date of the enactment of this Act.
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(4) Terms
Each member of the Commission shall be appointed for the life of the Commission. (5) Vacancies
Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (6) Compensation; travel expenses
Members of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.
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(7) Quorum
A majority of the members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of conducting a hearing. (8) Meetings
(A) In general
The Commission shall meet at the call of the Chairperson or a majority of its members. (B) Initial meeting
Not later than 45 days after the date of the enactment of this Act, the Commission shall hold its initial meeting.
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(f) Director; Staff; Experts and Consultants
(1) Director
(A) Appointment
Not later than 60 days after the date of the enactment of this Act, the Commission shall appoint a Director, without regard to the provisions of title 5, United States Code, governing appointments to the competitive service. (B) Pay
The Director shall be paid at the rate payable for level III of the Executive Schedule established under section 5314 of such title.
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(2) Staff
(A) Appointment
The Director may appoint such staff as the Director determines appropriate, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (B) Pay
The staff of the Commission shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for grade GS–15 of the General Schedule under section 5332 of that title.
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(3) Experts and consultants
The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Detailees
(A) In general
Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out this Act. (B) Notice
Before making a request under this paragraph, the Director shall give notice of the request to each member of the Commission.
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(g) Powers of Commission
(1) Hearings and sessions
The Commission may, for the purpose of carrying out this subtitle, hold hearings, sit and act at times and places, take testimony, and receive evidence to carry out its duties under subsection (b). The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents
Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.
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(3) Obtaining official information
(A) Requirement to furnish
Except as provided in subparagraph (B), if the Commission submits a request to a Federal department or agency for information necessary to enable the Commission to carry out this subtitle, the head of that department or agency shall furnish that information to the Commission. (B) Exception for national security
If the head of a Federal department or agency determines that it is necessary to withhold requested information from disclosure to protect the national security interests of the United States, the department or agency head shall not furnish that information to the Commission.
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(4) Mails
The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services
Upon the request of the Director, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out this section. (6) Gifts and donations
The Commission may accept, use, and dispose of gifts or donations of services or property to carry out this Act, but only to the extent or in the amounts provided in advance in appropriation Acts.
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(7) Contracts
The Commission may contract with and compensate persons and government agencies for supplies and services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). (8) Subpoena power
(A) In general
If a Federal department or agency or any other person fails to supply information requested by the Commission, the Commission may require by subpoena the production of the information. The Commission shall transmit to the Attorney General a written notice at least 10 days in advance of the issuance of any such subpoena.
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A subpoena under this paragraph may require the production of materials from any place within the United States. (B) Interrogatories
The Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (A), issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), interrogatories from the Commission regarding such information. A complete recording or transcription shall be made of any deposition made under this paragraph.
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(C) Certification
Each person who submits materials or information to the Commission pursuant to a subpoena issued under subparagraph (A) or (B) shall certify to the Commission the authenticity and completeness of all materials or information submitted. (D) Treatment of subpoenas
Any subpoena issued by the Commission under subparagraph (A) or (B) shall comply with requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure.
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(E) Failure to obey a subpoena
If a person refuses to obey a subpoena issued by the Commission under subparagraph (A) or (B), the Commission may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt.
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(9) Arrangements with National Research Council
(A) In general
In carrying out its duties under subsection (b), the Commission shall arrange with the National Research Council of the National Academy of Sciences for assistance in conducting the studies required by the Commission under subsection (b)(2), including performance of the analysis required under subsection (b)(2)(C). (B) Report
The arrangements entered into under (A) shall require that the National Research Council submit a report to the Commission detailing the results of its efforts no later than 15 months after the date on which the Commission first meets.
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(C) Use of funds
Of amounts appropriated to carry out this section, up to $750,000 shall be available to the Commission to carry out this paragraph. (h) Budget Act compliance
Any new contract authority authorized by this section shall be effective only to the extent or in the amounts provided in advance in appropriation Acts.
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(i) Privacy protections
(1) Destruction or return of information required
Upon the conclusion of the matter or need for which individually identifiable information was disclosed to the Commission, the Commission shall either destroy the individually identifiable information or return it to the person or entity from which it was obtained, unless the individual that is the subject of the individually identifiable information has authorized its disclosure. (2) Disclosure of information prohibited
Any individual employed by an individual, entity, or organization under contract to the Commission shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code.
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(3) Proprietary business information and financial information
The Commission shall protect from improper use, and may not disclose to any person, proprietary business information and proprietary financial information that may be viewed or obtained by the Commission in the course of carrying out its duties under this section. (4) Individually identifiable information defined
For the purposes of this section, the term individually identifiable information means any information, whether oral or recorded in any form or medium, that identifies an individual, or with respect to which there is a reasonable basis to believe that the information can be used to identify an individual.
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(j) Termination of Commission
The Commission shall terminate 30 days after submitting a report under subsection (d)(1). (k) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Commission $4,750,000 to carry out this Act. (2) Availability
Any sums appropriated pursuant to the authorization in subsection (a) shall remain available until expended. 226. Privacy and Civil Liberties Oversight Board
(a) In general
There is established within the Executive Office of the President a Privacy and Civil Liberties Oversight Board (referred to in this title as the Board ).
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(b) Findings
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) In conducting the war on terrorism, the Government may need additional powers and may need to enhance the use of its existing powers. (2) This shift of power and authority to the Government calls for an enhanced system of checks and balances to protect the precious liberties that are vital to our way of life and to ensure that the Government uses its powers for the purposes for which the powers were given.
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(c) Purpose
The Board shall— (1) analyze and review actions the Executive Branch takes to protect the Nation from terrorism; and (2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism. (d) Functions
(1) Advice and counsel on policy development and implementation
The Board shall— (A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the development and adoption of information sharing guidelines under section 165; (B) review the implementation of new and existing legislation,
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regulations, and policies related to efforts to protect the Nation from terrorism, including the implementation of information sharing guidelines under section 165; (C) advise the President and Federal executive departments and agencies to ensure that privacy and civil liberties are appropriately considered in the development and implementation of such legislation, regulations, policies, and guidelines; and (D) in providing advice on proposals to retain or enhance a particular governmental power, consider whether the executive department or agency has explained— (i) that the power actually materially enhances security; and (ii) that there is adequate supervision of the executive’s use of the power to ensure protection of civil liberties.
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(2) Oversight
The Board shall continually review— (A) the regulations, policies, and procedures and the implementation of the regulations, policies, procedures, and related laws of Federal executive departments and agencies to ensure that privacy and civil liberties are protected; (B) the information sharing practices of Federal executive departments and agencies to determine whether they appropriately protect privacy and civil liberties and adhere to the information sharing guidelines promulgated under section 165 and to other governing laws, regulations, and policies regarding privacy and civil liberties;
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and (C) other actions by the Executive Branch related to efforts to protect the Nation from terrorism to determine whether such actions— (i) appropriately protect privacy and civil liberties; and (ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties. (3) Relationship with privacy and civil liberties officers
The Board shall review and assess the activities of privacy officers described in section 224 and, where appropriate, shall coordinate their activities.
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(e) Reports
(1) In general
The Board shall— (A) receive and review reports from privacy officers described in section 224; and (B) periodically submit, not less than semiannually, reports to Congress and the President. (2) Contents
Not less than 2 reports submitted each year under paragraph (1)(B) shall include— (A) a description of the major activities of the Board during the relevant period; and (B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d).
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(f) Informing the public
The Board shall hold public hearings, release public reports, and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law. (g) Access to information
(1) Authorization
If determined by the Board to be necessary to carry out its responsibilities under this section, the Board may— (A) secure directly from any Federal executive department or agency, or any Federal officer or employee, all relevant records, reports, audits, reviews, documents, papers, or recommendations, including classified information consistent with applicable law; (B) interview,
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take statements from, or take public testimony from personnel of any Federal executive department or agency or any Federal officer or employee; (C) request information or assistance from any State, tribal, or local government; and (D) require, by subpoena, persons other than Federal executive departments and agencies to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence.
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(2) Enforcement of subpoena
In the case of contumacy or failure to obey a subpoena issued under paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena. (h) Membership
(1) Members
The Board shall be composed of a chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate.
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(2) Qualifications
Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, and relevant experience, and without regard to political affiliation. (3) Incompatible office
An individual appointed to the Board may not, while serving on the Board, be an elected official, an officer, or an employee of the Federal Government, other than in the capacity as a member of the Board.
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(i) Compensation and travel expenses
(1) Compensation
(A) Chairman
The chairman shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay in effect for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code, for each day during which the chairman is engaged in the actual performance of the duties of the Board.
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(B) Members
Each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Board.
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(2) Travel expenses
Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently by the Government under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (j) Staff
(1) Appointment and compensation
The Chairman, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Board to carry out its functions,
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without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
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(2) Detailees
Any Federal employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of the detailee’s regular employment without interruption. (3) Consultant services
The Board may procure the temporary or intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.
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(k) Security clearances
The appropriate Federal executive departments and agencies shall cooperate with the Board to expeditiously provide the Board members and staff with appropriate security clearances to the extent possible under existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances.
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(l) Treatment as agency, not as advisory Committee
The Board— (1) is an agency (as defined in section 551(1) of title 5, United States Code); and (2) is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)). (m) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section. 231. Short title
This subtitle may be cited as the Homeland Security Civil Rights and Civil Liberties Protection Act of 2004.
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232. Mission of Department of Homeland Security
Section 101(b)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 111(b)(1) ) is amended— (1) in subparagraph (F), by striking and after the semicolon; (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following: (G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and. 233.
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Officer for Civil Rights and Civil Liberties
Section 705(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 345(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting report directly to the Secretary and shall after who shall ; (2) in paragraph (1)– (A) by striking alleging and inserting concerning ; (B) by striking racial and ethnic ; (C) by inserting on the basis of race, ethnicity, or religion, after profiling ; and (D) by striking and after the semicolon at the end;
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(3) in paragraph (2), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities; (4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department;
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(5) coordinate with the official appointed under section 222 to ensure that— (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) the Congress receives appropriate reports regarding such programs, policies, and procedures; and (6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General. 234.
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Protection of civil rights and civil liberties by Office of Inspector General
(a) Designation and functions of senior official
The Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after section 812 the following: 813.
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Protection of civil rights and civil liberties by Office of Inspector General
(a) Designation of senior official
The Inspector General of the Department of Homeland Security shall designate a senior official within the Office of Inspector General who is a career member of the civil service at the equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in subsection (b). (b) Functions
The senior official designated under subsection (a) shall–— (1) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties;
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(2) receive and review complaints and information from any source alleging abuses of civil rights and civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (3) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (4) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations;
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(5) consult with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security regarding— (A) alleged abuses of civil rights or civil liberties; and (B) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General; (6) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties; (7) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil Rights and Civil Liberties;
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(8) ensure that the Office of the Inspector General publicizes and provides convenient public access to information regarding— (A) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and (B) the status of investigations initiated in response to public complaints; and (9) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties. (b) Clerical amendment
The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 812 the following: Sec. 813.
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Protection of civil rights and civil liberties by Office of Inspector General. 813. Protection of civil rights and civil liberties by Office of Inspector General
(a) Designation of senior official
The Inspector General of the Department of Homeland Security shall designate a senior official within the Office of Inspector General who is a career member of the civil service at the equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in subsection (b).
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(b) Functions
The senior official designated under subsection (a) shall–— (1) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties; (2) receive and review complaints and information from any source alleging abuses of civil rights and civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (3) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department;
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(4) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations; (5) consult with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security regarding— (A) alleged abuses of civil rights or civil liberties; and (B) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General; (6) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties;
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(7) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil Rights and Civil Liberties; (8) ensure that the Office of the Inspector General publicizes and provides convenient public access to information regarding— (A) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and (B) the status of investigations initiated in response to public complaints; and (9) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties. 235.
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Privacy officer
Section 222 of the Homeland Security Act of 2002 ( 6 U.S.C. 142 ) is amended— (1) in the matter preceding paragraph (1), by inserting , who shall report directly to the Secretary, after in the Department ; (2) in paragraph (4), by striking and after the semicolon at the end; (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: (5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that— (A) programs, policies,
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and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) the Congress receives appropriate reports on such programs, policies, and procedures; and. 241. Role of Pakistan in countering terrorism
(a) Findings
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) The Government of Pakistan has a critical role to perform in the struggle against Islamist terrorism.
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(2) The endemic poverty, widespread corruption, and frequent ineffectiveness of government in Pakistan create opportunities for Islamist recruitment. (3) The poor quality of education in Pakistan is particularly worrying, as millions of families send their children to madrassahs, some of which have been used as incubators for violent extremism. (4) The vast unpoliced regions in Pakistan make the country attractive to extremists seeking refuge and recruits and also provide a base for operations against coalition forces in Afghanistan.
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(5) A stable Pakistan, with a government advocating enlightened moderation in the Muslim world, is critical to stability in the region. (6) There is a widespread belief among the people of Pakistan that the United States has long treated them as allies of convenience. (b) Sense of Congress
It is the sense of Congress that— (1) the United States should make a long-term commitment to assisting in ensuring a promising, stable, and secure future in Pakistan, as long as its leaders remain committed to combatting extremists and implementing a strategy of enlightened moderation ;
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(2) the United States aid to Pakistan should be fulsome and, at a minimum, sustained at the fiscal year 2004 levels; (3) the United States should support the Government of Pakistan with a comprehensive effort that extends from military aid to support for better education; and (4) the United States Government should devote particular attention and resources to assisting in the improvement of the quality of education in Pakistan.
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(c) Report on support for Pakistan
(1) Report required
Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the efforts of the United States Government to support Pakistan and encourage moderation in that country. (2) Content
The report required under this section shall include the following: (A) An examination of the desirability of establishing a Pakistan Education Fund to direct resources toward improving the quality of secondary schools in Pakistan. (B) Recommendations on the funding necessary to provide various levels of educational support.
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(C) An examination of the current composition and levels of United States military aid to Pakistan, together with any recommendations for changes in such levels and composition that the President considers appropriate. (D) An examination of other major types of United States financial support to Pakistan, together with any recommendations for changes in the levels and composition of such support that the President considers appropriate. 242.
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Aid to Afghanistan
(a) Findings
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) The United States and its allies in the international community have made progress in promoting economic and political reform within Afghanistan, including the establishment of a central government with a democratic constitution, a new currency, and a new army, the increase of personal freedom, and the elevation of the standard of living of many Afghans.
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(2) A number of significant obstacles must be overcome if Afghanistan is to become a secure and prosperous democracy, and such a transition depends in particular upon— (A) improving security throughout the country; (B) disarming and demobilizing militias; (C) curtailing the rule of the warlords; (D) promoting equitable economic development; (E) protecting the human rights of the people of Afghanistan; (F) holding elections for public office; and (G) ending the cultivation and trafficking of narcotics.
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(3) The United States and the international community must make a long-term commitment to addressing the deteriorating security situation in Afghanistan and the burgeoning narcotics trade, endemic poverty, and other serious problems in Afghanistan in order to prevent that country from relapsing into a sanctuary for international terrorism.
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(b) Policy
It shall be the policy of the United States to take the following actions with respect to Afghanistan: (1) Working with other nations to obtain long-term security, political, and financial commitments and fulfillment of pledges to the Government of Afghanistan to accomplish the objectives of the Afghanistan Freedom Support Act of 2002 ( 22 U.S.C. 7501 et seq. ), especially to ensure a secure, democratic, and prosperous Afghanistan that respects the rights of its citizens and is free of international terrorist organizations.
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(2) Using the voice and vote of the United States in relevant international organizations, including the North Atlantic Treaty Organization and the United Nations Security Council, to strengthen international commitments to assist the Government of Afghanistan in enhancing security, building national police and military forces, increasing counter-narcotics efforts, and expanding infrastructure and public services throughout the country. (3) Taking appropriate steps to increase the assistance provided under programs of the Department of State and the United States Agency for International Development throughout Afghanistan and to increase the number of personnel of those agencies in Afghanistan as necessary to support the increased assistance.
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(c) Authorization of appropriations
(1) Fiscal year 2005
There are authorized to be appropriated to the President for fiscal year 2005 for assistance for Afghanistan, in addition to any amounts otherwise available for the following purposes, the following amounts: (A) For Development Assistance to carry out the provisions of sections 103, 105, and 106 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151a , 2151c, and 2151d), $400,000,000.
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(B) For the Child Survival and Health Program Fund to carry out the provisions of section 104 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b ), $100,000,000. (C) For the Economic Support Fund to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2346 et seq. ), $550,000,000.
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(D) For International Narcotics and Law Enforcement to carry out the provisions of section 481 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291 ), $360,000,000. (E) For Nonproliferation, Anti-Terrorism, Demining, and Related Programs, $50,000,000. (F) For International Military Education and Training to carry out the provisions of section 541 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2347 ), $2,000,000.
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(G) For Foreign Military Financing Program grants to carry of the provision of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), $880,000,000. (H) For Peacekeeping Operations to carry out the provisions of section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ), $60,000,000.
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(2) Fiscal years 2006 through 2009
There are authorized to be appropriated to the President for each of fiscal years 2006 through 2009 such sums as may be necessary for financial and other assistance to Afghanistan. (3) Conditions for assistance
Assistance provided by the President under this subsection— (A) shall be consistent with the Afghanistan Freedom Support Act of 2002; and (B) shall be provided with reference to the Securing Afghanistan’s Future document published by the Government of Afghanistan.
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(d) Sense of Congress
It is the sense of Congress that Congress should, in consultation with the President, update and revise, as appropriate, the Afghanistan Freedom Support Act of 2002. (e) Strategy and support regarding United States aid to Afghanistan
(1) Requirement for strategy
Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a 5-year strategy for providing aid to Afghanistan.
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(2) Content
The strategy required under paragraph (1) shall describe the resources that will be needed during the next 5 years to achieve specific objectives in Afghanistan, including in the following areas: (A) Fostering economic development. (B) Curtailing the cultivation of opium. (C) Achieving internal security and stability. (D) Eliminating terrorist sanctuaries. (E) Increasing governmental capabilities. (F) Improving essential infrastructure and public services. (G) Improving public health services. (H) Establishing a broad-based educational system.
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(I) Promoting democracy and the rule of law. (J) Building national police and military forces. (3) Updates
Beginning not later than 1 year after the strategy is submitted to Congress under paragraph (1), the President shall submit to Congress an annual report— (A) updating the progress made toward achieving the goals outlined in the strategy under this subsection; and (B) identifying shortfalls in meeting those goals and the resources needed to fully achieve them. 243.
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The United States-Saudi Arabia relationship
(a) Findings
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) Despite a long history of friendly relations with the United States, Saudi Arabia has been a problematic ally in combating Islamic extremism. (2) Cooperation between the Governments of the United States and Saudi Arabia has traditionally been carried out in private. (3) The Government of Saudi Arabia has not always responded promptly and fully to United States requests for assistance in the global war on Islamist terrorism.
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(4) Counterterrorism cooperation between the Governments of the United States and Saudi Arabia has improved significantly since the terrorist bombing attacks in Riyadh, Saudi Arabia, on May 12, 2003. (5) The Government of Saudi Arabia is now aggressively pursuing al Qaeda and appears to be acting to build a domestic consensus for some internal reforms. (b) Sense of Congress
It is the sense of Congress that— (1) the problems in the relationship between the United States and Saudi Arabia must be confronted openly, and the opportunities for cooperation between the countries must be pursued openly by those governments;
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(2) both governments must build a relationship that they can publicly defend and that is based on other national interests in addition to their national interests in oil; (3) this relationship should include a shared commitment to political and economic reform in Saudi Arabia; and (4) this relationship should also include a shared interest in greater tolerance and respect for other cultures in Saudi Arabia and a commitment to fight the violent extremists who foment hatred in the Middle East.
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(c) Report
(1) Report required
Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a strategy for expanding collaboration with the Government of Saudi Arabia on subjects of mutual interest and of importance to the United States. (2) Scope
As part of this strategy, the President shall consider the utility of undertaking a periodic, formal, and visible high-level dialogue between senior United States Government officials of cabinet level or higher rank and their counterparts in the Government of Saudi Arabia to address challenges in the relationship between the 2 governments and to identify areas and mechanisms for cooperation.
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(3) Content
The strategy under this subsection shall encompass— (A) intelligence and security cooperation in the fight against Islamist terrorism; (B) ways to advance the Middle East peace process; (C) political and economic reform in Saudi Arabia and throughout the Middle East; and (D) the promotion of greater tolerance and respect for cultural and religious diversity in Saudi Arabia and throughout the Middle East. 244.
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Efforts to combat Islamic terrorism by engaging in the struggle of ideas in the Islamic world
(a) Findings
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) While support for the United States has plummeted in the Islamic world, many negative views are uninformed, at best, and, at worst, are informed by coarse stereotypes and caricatures. (2) Local newspapers in Islamic countries and influential broadcasters who reach Islamic audiences through satellite television often reinforce the idea that the people and Government of the United States are anti-Muslim.
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(b) Sense of Congress
It is the sense of Congress that— (1) the Government of the United States should offer an example of moral leadership in the world that includes a commitment to treat all people humanely, abide by the rule of law, and be generous and caring to the people and governments of other countries; (2) the United States should cooperate with governments of Islamic countries to foster agreement on respect for human dignity and opportunity, and to offer a vision of a better future that includes stressing life over death, individual educational and economic opportunity, widespread political participation, contempt for indiscriminate violence, respect for the rule of law,
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openness in discussing differences, and tolerance for opposing points of view; (3) the United States should encourage reform, freedom, democracy, and opportunity for Arabs and Muslims and promote moderation in the Islamic world; and (4) the United States should work to defeat extremist ideology in the Islamic world by providing assistance to moderate Arabs and Muslims to combat extremist ideas.
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(c) Report on the struggle of ideas in the Islamic world
(1) Report required
Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report that contains a cohesive long-term strategy for the United States Government to help win the struggle of ideas in the Islamic world. (2) Content
The report required under this section shall include the following: (A) A description of specific goals related to winning this struggle of ideas.
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(B) A description of the range of tools available to the United States Government to accomplish these goals and the manner in which such tools will be employed. (C) A list of benchmarks for measuring success and a plan for linking resources to the accomplishment of these goals. (D) A description of any additional resources that may be necessary to help win this struggle of ideas. (E) Any recommendations for the creation of, and United States participation in, international institutions for the promotion of democracy and economic diversification in the Islamic world, and intra-regional trade in the Middle East.
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