Sec. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE
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## SEC. 7201 COUNTERTERRORIST TRAVEL INTELLIGENCE ###
(a)Findings **[**[8 U.S.C. 1776 note](/us/usc/t8/s1776)**]** Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: ####
(1)Travel documents are as important to terrorists as weapons since terrorists must travel clandestinely to meet, train, plan, case targets, and gain access to attack sites. ####
(2)International travel is dangerous for terrorists because they must surface to pass through regulated channels, present themselves to border security officials, or attempt to circumvent inspection points. ####
(3)Terrorists use evasive, but detectable, methods to travel, such as altered and counterfeit passports and visas, specific travel methods and routes, liaisons with corrupt government officials, human smuggling networks, supportive travel agencies, and immigration and identity fraud. ####
(4)Before September 11, 2001, no Federal agency systematically analyzed terrorist travel strategies. If an agency had done so, the agency could have discovered the ways in which the terrorist predecessors to al Qaeda had been systematically, but detectably, exploiting weaknesses in our border security since the early 1990s. ####
(5)Many of the hijackers were potentially vulnerable to interception by border authorities. Analyzing their characteristic travel documents and travel patterns could have allowed authorities to intercept some of the hijackers and a more effective use of information available in government databases could have identified some of the hijackers. ####
(6)The routine operations of our immigration laws and the aspects of those laws not specifically aimed at protecting against terrorism inevitably shaped al Qaeda's planning and opportunities. ####
(7)New insights into terrorist travel gained since September 11, 2001, have not been adequately integrated into the front lines of border security. ####
(8)The small classified terrorist travel intelligence collection and analysis program currently in place has produced useful results and should be expanded. ###
(b)Strategy ####
(1)In general **[**[50 U.S.C. 3056 note](/us/usc/t50/s3056)**]** Not later than 1 year after the date of enactment of this Act, the Director of the National Counterterrorism Center shall submit to Congress unclassified and classified versions of a strategy for combining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility domestically and internationally. The report to Congress should include a description of the actions taken to implement the strategy and an assessment regarding vulnerabilities within the United States and foreign travel systems that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators. ####
(2)Coordination The strategy shall be developed in coordination with all relevant Federal agencies. ####
(3)Contents The strategy may address— #####
(A)a program for collecting, analyzing, disseminating, and utilizing information and intelligence regarding terrorist travel tactics and methods, and outline which Federal intelligence, diplomatic, and law enforcement agencies will be held accountable for implementing each element of the strategy; #####
(B)the intelligence and law enforcement collection, analysis, operations, and reporting required to identify and disrupt terrorist travel tactics, practices, patterns, and trends, and the terrorist travel facilitators, document forgers, human smugglers, travel agencies, and corrupt border and transportation officials who assist terrorists; #####
(C)the training and training materials required by consular, border, and immigration officials to effectively detect and disrupt terrorist travel described under subsection (c)(3); #####
(D)the new technology and procedures required and actions to be taken to integrate existing counterterrorist travel document and mobility intelligence into border security processes, including consular, port of entry, border patrol, maritime, immigration benefits, and related law enforcement activities; #####
(E)the actions required to integrate current terrorist mobility intelligence into military force protection measures; #####
(F)the additional assistance to be given to the interagency Human Smuggling and Trafficking Center for purposes of combatting terrorist travel, including further developing and expanding enforcement and operational capabilities that address terrorist travel; #####
(G)the actions to be taken to aid in the sharing of information between the frontline border agencies of the Department of Homeland Security, the Department of State, and classified and unclassified sources of counterterrorist travel intelligence and information elsewhere in the Federal Government, including the Human Smuggling and Trafficking Center; #####
(H)the development and implementation of procedures to enable the National Counterterrorism Center, or its designee, to timely receive terrorist travel intelligence and documentation obtained at consulates and ports of entry, and by law enforcement officers and military personnel; #####
(I)the use of foreign and technical assistance to advance border security measures and law enforcement operations against terrorist travel facilitators; #####
(J)the feasibility of developing a program to provide each consular, port of entry, and immigration benefits office with a counterterrorist travel expert trained and authorized to use the relevant authentication technologies and cleared to access all appropriate immigration, law enforcement, and intelligence databases; #####
(K)the feasibility of digitally transmitting suspect passport information to a central cadre of specialists, either as an interim measure until such time as experts described under subparagraph
(J)are available at consular, port of entry, and immigration benefits offices, or otherwise; #####
(L)the development of a mechanism to ensure the coordination and dissemination of terrorist travel intelligence and operational information among the Department of Homeland Security, the Department of State, the National Counterterrorism Center, and other appropriate agencies; #####
(M)granting consular officers and immigration adjudicators, as appropriate, the security clearances necessary to access law enforcement sensitive and intelligence databases; and #####
(N)how to integrate travel document screening for terrorism indicators into border screening, and how to integrate the intelligence community into a robust travel document screening process to intercept terrorists. ###
(c)Frontline Counterterrorist Travel Technology and Training ####
(1)Technology acquisition and dissemination plan Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in conjunction with the Secretary of State, shall submit to Congress a plan describing how the Department of Homeland Security and the Department of State can acquire and deploy, to the maximum extent feasible, to all consulates, ports of entry, and immigration benefits offices, technologies that facilitate document authentication and the detection of potential terrorist indicators on travel documents. To the extent possible, technologies acquired and deployed under this plan shall be compatible with systems used by the Department of Homeland Security to detect fraudulent documents and identify genuine documents. ####
(2)Contents of plan The plan submitted under paragraph
(1)shall— #####
(A)outline the timetable needed to acquire and deploy the authentication technologies; #####
(B)identify the resources required to— ######
(i)fully disseminate these technologies; and ######
(ii)train personnel on use of these technologies; and #####
(C)address the feasibility of using these technologies to screen every passport or other documentation described in section 7209(b) submitted for identification purposes to a United States consular, border, or immigration official. ###
(d)Training Program **[**[8 U.S.C. 1776](/us/usc/t8/s1776)**]** ####
(1)Review, evaluation, and revision of existing training programs The Secretary of Homeland Security shall— #####
(A)review and evaluate the training regarding travel and identity documents, and techniques, patterns, and trends associated with terrorist travel that is provided to personnel of the Department of Homeland Security; #####
(B)in coordination with the Secretary of State, review and evaluate the training described in subparagraph
(A)that is provided to relevant personnel of the Department of State; and #####
(C)in coordination with the Secretary of State, develop and implement an initial training and periodic retraining program— ######
(i)to teach border, immigration, and consular officials (who inspect or review travel or identity documents as part of their official duties) how to effectively detect, intercept, and disrupt terrorist travel; and ######
(ii)to ensure that the officials described in clause
(i)regularly receive the most current information on such matters and are periodically retrained on the matters described in paragraph (2). ####
(2)Required topics of revised programs The training program developed under paragraph (1)(C) shall include training in— #####
(A)methods for identifying fraudulent and genuine travel documents; #####
(B)methods for detecting terrorist indicators on travel documents and other relevant identity documents; #####
(C)recognition of travel patterns, tactics, and behaviors exhibited by terrorists; #####
(D)effective utilization of information contained in databases and data systems available to the Department of Homeland Security; and #####
(E)other topics determined to be appropriate by the Secretary of Homeland Security, in consultation with the Secretary of State or the Director of National Intelligence. ####
(3)Implementation #####
(A)Department of homeland security ######
(i)In general The Secretary of Homeland Security shall provide all border and immigration officials who inspect or review travel or identity documents as part of their official duties with the training described in paragraph (1)(C). ######
(ii)Report to congress Not later than 12 months after the date of enactment of this Act, and annually thereafter for a period of 3 years, the Secretary of Homeland Security shall submit a report to Congress that— ######
(I)describes the number of border and immigration officials who inspect or review identity documents as part of their official duties, and the proportion of whom have received the revised training program described in paragraph (1)(C)(i); ######
(II)explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i); ######
(III)provides a timetable for completion of the training described in paragraph (1)(C)(i) for those who have not received such training; and ######
(IV)describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii). #####
(B)Department of state ######
(i)In general The Secretary of State shall provide all consular officers who inspect or review travel or identity documents as part of their official duties with the training described in paragraph (1)(C). ######
(ii)Report to congress Not later than 12 months after the date of enactment of this Act, and annually thereafter for a period of 3 years, the Secretary of State shall submit a report to Congress that— ######
(I)describes the number of consular officers who inspect or review travel or identity documents as part of their official duties, and the proportion of whom have received the revised training program described in paragraph (1)(C)(i); ######
(II)explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i); ######
(III)provides a timetable for completion of the training described in paragraph (1)(C)(i) for those who have not received such training; and ######
(IV)describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii). ####
(4)Assistance to others The Secretary of Homeland Security may assist States, Indian tribes, local governments, and private organizations to establish training programs related to terrorist travel intelligence. ####
(5)Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009 to carry out the provisions of this subsection. ###
(e)Enhancing Classified Counterterrorist Travel Efforts **[**[50 U.S.C. 3024 note](/us/usc/t50/s3024)**]** ####
(1)In general The Director of National Intelligence shall significantly increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel. ####
(2)Authorization of appropriations There are authorized to be appropriated for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this subsection.
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