Public Law 108-458, Section 7303

PUBLIC LAW 108-458-DEC. 17, 2004

INTELLIGENCE REFORM AND TERRORISM

PREVENTION ACT OF 2004

PUBLIC LAW 108-458-DEC. 17, 2004

118 STAT. 3642
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7107.
7108.
7109.
7110.
7111.
7112.

Sec. 7113.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7114.
7115.
7116.
7117.
7118.
7119.
7120.
7121.
7122.

Sec.
Sec.
Sec.
Sec.

7201.
7202.
7203.
7204.

Sec. 7205.
Sec.
Sec.
Sec.
Sec.
Sec.

7206.
7207.
7208.
7209.
7210.

Sec.
Sec.
Sec.
Sec.

7211.
7212.
7213.
7214.

Sec.
Sec.
Sec.
Sec.

7215.
7216.
7217.
7218.

Sec. 7219.
Sec. 7220.
Sec.
Sec.
...... Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7301.
7302.
7303.
7304.
7305.
7306.
7307.
7308.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7401.
7402.
7403.
7404.
7405.
7406.
7407.
7408.

United States policy toward dictatorships.
Promotion of free media and other American values.
Public diplomacy responsibilities of the Department of State.
Public diplomacy traming.
Promoting democracy and human rights at international organizations.
Expansion of United States scholarship and exchange programs in the
Islamic world.
Pilot program to provide grants to American·sponsored schools in pre­
dominantly Muslim countries to provide scholarships.
International Youth Opportunity Fund.
The use of economic policies to combat terrorism.
Middle East partnership initiative.
Comprehensive coalition strategy for fighting terrorism.
Financin~ of terrorism.
DesignatlOn of foreign terrorist organizations.
Report to Congress.
Case-Zablocki Act requirements.
Effective date.
Subtitle B-Terrorist Travel and Effective Screening
Counterterrorist travel intelligence.

Establishment of human smuggling and trafficking center.

Responsibilities and functions of consular officers.

International agreements to track and curtail terrorist travel through

the use of fraudulently obtained documents.

International standards for transliteration of names into the Roman al­

phabet for international travel documents and name-based watchlist
systems.
Immigration security initiative.
Certification regarding technology for visa waiver participants.
Biometric entry and exit data system.
Travel documents.
Exchange of terrorist information and increased preinspection at foreign
airports.
Minimum standards for birth certificates.
Driver's licenses and personal identification cards.
Social security cards and numbers.
Prohibition of the display of social security account numbers on driver's
licenses or motor vehicle registrations.
Terrorist travel program.
Increase in penalties for fraud and related activity.
Study on allegedly lost or stolen passports.
Establishment of visa and passport security program in the Department
of State.
Effective date.
Identification standards.
Subtitle C-National Preparedness
The incident command system.

National capital region mutual aid .

Enhancement of public safety communications interoperability.
Regional model strategic plan pilot projects.
Private sector preparedness.
Critical infrastructure and readiness assessments.
Northern command and defense of the United States homeland.
Effective date.
Subtitle D-Homeland Security
Sense of Congress on first responder funding.

Coordination of industry efforts.

Study regarding nationwide emergency notification system.

Pilot study to move warning systems into the modern digital age.

Required coordination.

Emergency preparedness compacts.

Responsibilities of counternarcotics office.

Use of counternarcotics enforcement activities in certain employee per­

formance appraisals.

Subtitle E-Public Safety Spectrum
Sec. 7501. Digital television conversion deadline.
Sec. 7502. Studies on telecommunications capabilities and requirements.

PUBLIC LAW 108-458-DEC. 17,2004

118 STAT. 3843

members of the emergency forces of that party and representa­
tives of deceased members of such forces if such members
sustain injuries or are killed while rendering aid to the District
of Columbia, the Federal Government, the State of Maryland,
the Commonwealth of Virginia, or a locality, under a mutual
aid agreement or engaged in training activities under a mutual
aid agreement.
(f) LICENSES AND PERMITS.-If any person holds a license, cer­

tificate, or other permit issued by any responding party evidencing

the meeting of qualifications for professional, mechanical, or other

skills and assistance is requested by a receiving jurisdiction, such

person will be deemed licensed, certified, or permitted by the

receiving jurisdiction to render aid involving such skill to meet

a public service event, emergency or training for any such events.

..,. SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS
INTEROPERABfLITY.

(a) COORDINATION OF PUBLIC SAFETY INTEROPERABLE COMMU­

NICATIONS PROGRAMS.­
(1) PROGRAM.-The Secretary of Homeland Security, in con­
sultation with the Secretary of Commerce and the Chairman
of the Federal Communications Commission, shall establish
a program to enhance public safety interoperable communica­
tions at all levels of government. Such program shall­
(A) establish a comprehensive national approach to
achieving public safety interoperable communications;
(B) coordinate with other Federal agencies in carrying
out subparagraph (A);
(C) develop, in consultation with other appropriate Fed­
eral agencies and State and local authorities, appropriate
minimum capabilities for communications interoperability
for Federal, State, and local public safety agencies;
(D) accelerate, in consultation with other Federal agen­
cies, including the National Institute of Standards and
Technology, the private sector, and nationally recognized
standards organizations as appropriate, the development
of national voluntary consensus standards for public safety
interoperable communications, recognizing­
(i) the value, life cycle, and technical capabilities
of existing communications infrastructure;
(ii) the need for cross-border interoperability
between States and nations;
(iii) the unique needs of small, rural communities;
and
(iv) the interoperability needs for daily operations
and catastrophic events;
(E) encourage the development and implementation
of flexible and open architectures incorporating, where pos­
sible, technologies that currently are commercially avail­
able, with appropriate levels of security, for short-term
and long-term solutions to public safety communications
interoperability;
(F) assist other Federal agencies in identifying prior­
ities for research, development, and testing and evaluation
with regard to public safety interoperable communications;
(G) identify priorities within the Department of Home­
land Security for research, development, and testing and

6 USC 194.

118 STAT. 3844

Deadline.
President.
Canada.

Mexico.

6

USC 321.

PUBLIC LAW 108-458-DEC. 17,2004

evaluation with regard to public safety interoperable
communications;
(H) establish coordinated guidance for Federal grant
programs for public safety interoperable communications;
(I) provide technical assistance to State and local public
safety agencies regarding planning, acquisition strategies,
interoperability architectures, training, and other functions
necessary to achieve public safety communications inter­
operability;
(J) develop and disseminate best practices to improve
public safety communications interoperability; and
(K) develop appropriate performance
easures and
milestones to systematically measure the Nation's progress
toward achieving public safety communications interoper­
ability, including the development of nation I voluntary
consensus standards.
(2) OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.­
(A) ESTABLISHMENT OF OFFICE.-The Secretary may
establish an Office for Interoperability and Compatibility
within the Directorate of Science and Techn logy to carry
out this subsection.
(B) FUNCTIONS.-If the Secretary establishes such
office, the Secretary shall, through such office­
(i) carry out Department of Homel nd Security
responsibilities and authorities relaf g to the
SAFECOM Program; and
(ii) carry out section 510 of the Homeland Security
Act of 2002, as added by subsection (d).
(3) AUTHORIZATION OF APPROPRlATIONS.-There are author­
ized to be appropriated to the Secretary to carry out this
subsection­
(A) $22,105,000 for fiscal year 2005;
(B) $22,768,000 for fiscal year 2006;
(C) $23,451,000 for fiscal year 2007;
(D) $24,155,000 for fiscal year 2008; and
(E) $24,879,000 for fiscal year 2009.
(b) REPORT.-Not later than 120 days after the date of enact­
ment of this Act, the Secretary shall report to the Congress on
Department of Homeland Security plans for accelerating the
development of national voluntary consensus standards for public
safety interoperable communications, a schedule of milestones for
such development, and achievements of such development.
(c) INTERNATIONAL INTEROPERABILITY.-Not later than 18
months after the date of enactment of this Act, the President
shall establish a mechanism for coordinating cross-border interoper­
ability issues between­
(1) the United States and Canada; and
(2) the United States and Mexico.
(d) HIGH RISK AREA COMMUNICATIONS CAPABILITIES.-Title V
of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is
amended by adding at the end the following:
"SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS
CAPABILITillS.

"(a) IN GENERAL.-The Secretary, in consultation with the Fed­
eral Communications Commission and the Secretary of Defense,
and with appropriate governors, mayors, and other State and local