S 410 IS

108th CONGRESS

1st Session

S. 410

To establish the Homeland Intelligence Agency, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 13, 2003

Mr. EDWARDS introduced the following bill; which was read twice and referred to the Select Committee on Intelligence


A BILL

To establish the Homeland Intelligence Agency, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--HOMELAND INTELLIGENCE AGENCY

Subtitle A--Establishment

Subtitle B--Authorities

Subtitle C--Transfer of Functions

Subtitle D--Conforming Amendments

TITLE II--FEDERAL BUREAU OF INVESTIGATION

TITLE III--SURVEILLANCE MATTERS

Subtitle A--Foreign Intelligence Surveillance Reports

Subtitle B--Participation in Religious and Political Groups for Foreign Intelligence and International Terrorism Purposes

Subtitle C--Effective Date

TITLE IV--EFFECTIVE DATE

SEC. 2. FINDINGS AND PURPOSE.

TITLE I--HOMELAND INTELLIGENCE AGENCY

SEC. 101. SHORT TITLE.

SEC. 102. DEFINITIONS.

Subtitle A--Establishment

SEC. 111. HOMELAND INTELLIGENCE AGENCY.

SEC. 112. MISSION.

SEC. 113. OFFICERS.

SEC. 114. INSPECTOR GENERAL.

SEC. 115. OFFICE OF PRIVACY AND CIVIL LIBERTIES PROTECTION.

which oath, affirmation, or affidavit when administered or taken by or before an employee of the Director designated by the Director shall have the same force and effect as if administered or taken by or before an officer having a seal.

SEC. 116. OFFICE OF FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT COORDINATION.

SEC. 117. SEAL.

Subtitle B--Authorities

SEC. 121. PERSONNEL TRAINING.

SEC. 122. DISSEMINATION OF INFORMATION.

SEC. 123. GUIDELINES ON COLLECTION OF FOREIGN INTELLIGENCE AND COUNTERINTELLIGENCE INSIDE THE UNITED STATES.

SEC. 124. COORDINATION WITH CENTRAL INTELLIGENCE AGENCY OVERSEAS.

SEC. 125. TREATMENT AS ELEMENT OF INTELLIGENCE COMMUNITY.

SEC. 126. INCLUSION WITHIN NATIONAL FOREIGN INTELLIGENCE PROGRAM.

SEC. 127. FOREIGN INTELLIGENCE SURVEILLANCE ACTIVITIES.

SEC. 128. ANNUAL REPORTS.

Subtitle C--Transfer of Functions

SEC. 141. TRANSFER OF FUNCTIONS.

SEC. 142. REORGANIZATION.

SEC. 143. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

SEC. 144. INCIDENTAL TRANSFERS.

SEC. 145. EFFECT ON PERSONNEL.

SEC. 146. SAVINGS PROVISIONS.

SEC. 147. TRANSITION.

SEC. 148. REFERENCES.

Subtitle D--Conforming Amendments

SEC. 151. EXECUTIVE SCHEDULE.

SEC. 152. DEPARTMENT OF HOMELAND SECURITY ACT.

SEC. 153. NATIONAL SECURITY ACT OF 1947.

TITLE II--FEDERAL BUREAU OF INVESTIGATION

SEC. 201. TERMINATION OF FUNCTIONS AND RESPONSIBILITIES OF FEDERAL BUREAU OF INVESTIGATION AS ELEMENT OF THE INTELLIGENCE COMMUNITY.

`INTELLIGENCE FUNCTIONS AND RESPONSIBILITIES OF FEDERAL BUREAU OF INVESTIGATION

SEC. 202. OFFICE OF FOREIGN INTELLIGENCE COORDINATION.

SEC. 203. IMPROVEMENT OF COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.

TITLE III--SURVEILLANCE MATTERS

Subtitle A--Foreign Intelligence Surveillance Reports

SEC. 301. SHORT TITLE.

SEC. 302. ADDITIONAL MATTERS IN ANNUAL REPORTS ON SURVEILLANCE UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

`ANNUAL REPORTS'.

Subtitle B--Participation in Religious and Political Groups for Foreign Intelligence and International Terrorism Purposes

SEC. 311. PARTICIPATION IN RELIGIOUS AND POLITICAL GROUPS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM PURPOSES.

`TITLE VI--PARTICIPATION IN RELIGIOUS AND POLITICAL GROUPS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM PURPOSES

`DEFINITIONS

`UNDISCLOSED PARTICIPATION IN RELIGIOUS OR POLITICAL GROUPS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM PURPOSES

`AUTHORIZATION DURING EMERGENCIES

`AUTHORIZATION DURING TIME OF WAR

`USE OF INFORMATION

or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from the undisclosed participation of an official of the Homeland Intelligence Agency, or an agent acting on behalf of the Agency, in the activities of a religious or political group or organization pursuant to this title, the United States shall, before the trial, hearing, or the other proceeding or at a reasonable time before an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.

courts of the United States and the several States except a United States Court of Appeals or the Supreme Court.

`CONGRESSIONAL OVERSIGHT

`TITLE VI--PARTICIPATION IN RELIGIOUS AND POLITICAL GROUPS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM PURPOSES

Subtitle C--Effective Date

SEC. 321. EFFECTIVE DATE.

TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

END