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Smart Nation Act of 2004 Draft 1.3 dated 27 September 2004 Posted 3 Nov 05
108th Congress
2nd Session
H. R. NNNN
To enact the Smart Nation Act of 2004, establishing the Open Source Agency (OSA) as recommended on page 413, Chapter 13, of the Report of the National Commission on Terrorist Attacks Upon the United States (9-11 Commission), as published 26 July 2004, while also enhancing State sovereignty over the National Guard and creating intelligence sub-committees in every Congressional jurisdiction.
IN THE HOUSE OF REPRESENTATIVES
Date to be Entered by Staff
Mr. X introduced the following bill; which was read twice and referred to the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Governmental Reform, the Committee on the Judiciary and the Permanent Select Committee on Intelligence.
A BILL
To enact the Smart Nation Act of 2004, establishing the Open Source Agency (OSA) as recommended on page 413, Chapter 13, of the Report of the National Commission on Terrorist Attacks Upon the United States (9-11 Commission), as published 26 July 2004 while also enhancing State sovereignty over the National Guard and creating intelligence sub-committees in every Congressional jurisdiction.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS
(a) SHORT TITLE.—This Act may be cited as the “Smart Nation Act of 2004”.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I—ESTABLISHMENT OF A NEW PROGRAM
Sub-Title A—Committee Jurisdiction
Sec. 101. Committee on Government Reform/Committee on Government Operations
Sec. 102. Other Directly Affected Committees
Sec. 103. Establishment of the Non-Partisan Open Source Caucus
Sub-Title B—Establishment of the Open Source Agency (OSA)
Sec. 201. Appointment of the Director, Open Source Agency (DOSA)
Sec. 202. Appointment of the Deputy Director for Homeland Security Support
Sec. 203. Appointment of the Deputy Director for Military Support
Sec. 204. Appointment of the Deputy Director for Executive Decision Support
Sec. 205. Appointment of the Deputy Director for Business Liaison
Sec. 206. Appointment of the Deputy Director for Academic Liaison
Sec. 207. Appointment of the Deputy Director for Non-Governmental Liaison
Sec. 208. Appointment of the Deputy Director for Media Liaison
Sec. 209. Appointment of the Deputy Director for Civil & Religious Society Liaison
Sec. 210. Appointment of the Deputy Director for Congressional Liaison
Sub-Title C—Establishment of Generic Global Coverage Capabilities
Sec. 301. Authorization of a Digital History Program
Sec. 302. Authorization of a Non-Governmental Organization Data Warehouse
Sec. 303. Authorization of a Global Coverage Network of Virtual Task Forces
Sec. 304. Authorization of a Generic Open Source Information Training Program
Sec. 305. Authorization of a Generic “Smart Nation” Analytic Toolkit
Sec. 306. Authorization of Regional Open Source Information Networks
Sec. 307. Authorization of International Trade & Commerce Network
Sec. 308. Authorization of Digital Marshall Plan
Sec. 309. Authorization of University of the Republic
Sec. 310 Authorization of the Open Source Information System-External (OSIS-X)
Sub-Title D—Establishment of Community Open Source Centers
Sec. 401. Authorization of Centers in Each State and Commonwealth
Sec. 402. Establishment of State Intelligence Officer (SIO) Positions
Sec. 403. Preference for National Guard Selection for SIO Positions
Sec. 404 Establishment of State Primacy Over National Guard Deployments
TITLE II—INTER-AGENCY OPERATIONS
Sub-Title A—Congress Desires
Sec. 501. Open Source Information as Foundation for Inter-Agency Operations
Sec. 502. Open Source Requirements Management System
Sec. 503. Open Source Information Financial Management
Sec. 504. Open Source Information Data Tagging and Retention
Sec. 505. Competitive Open Source Information for the American People
Sec. 506. Generic Open Source Information for Improved Multilateral Liaison
Sec. 507. Defense Open Source Information Program (DOSIP) as executive agent
Sub-Title B—Congress Prohibits
Sec. 601. Open Source Agency Funds May Not Be Reduced Without Consent
Sec. 602. All Open Source Agency Personnel Will Be Overt
TITLE III—ESTABLISHMENT OF UNIFORM JOINT CONGRESSIONAL OVERSIGHT OVER INTELLIGENCE OPERATIONS IN ALL AGENICES
Sec. 701. Establishment of Intelligence Sub-Committees Within All Existing Committees
Sec. 702. Establishment of Congressional Intelligence Caucus
TITLE IV—EFFECTIVE DATE
Sec. 801. Effective Date.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress makes the following findings:
(1) As recommended on page 413 within Chapter 13 of the Final Report of National Commission on Terrorist Attacks Upon the United States (9-11 Commission), as published 26 July 2004, an Open Source Agency, a new Agency, is required.
(2) Congress does not concur with the 9-11 Commission’s recommendation that this new Agency be subordinate to the Director of Central Intelligence, but rather believes that it must be a sister Agency to the Broadcasting Board of Governors (BBG) as established by the 1998 Foreign Affairs Reform and Restructuring Act (Public Law 105-277). The purpose of this independence is to foster the greatest possible legal, ethical, and overt access to information from all over the world, information that might not be as forthcoming to a U.S. Intelligence or Defense entity.
(3) The Open Source Agency will “harness the distributed intelligence of the Whole Earth” and in so doing, foster a “Smart Nation” characterized by the internationalization of education at all levels in every state and commonwealth, by the full availability of “Global Coverage” to both our national security agencies and services and theaters, and to the engines of our prosperity, the U.S. business community, U.S. research enterprises, and all other U.S. organizations such as labor unions and citizen associations, for whom a better understanding of the world is, as Thomas Jefferson put it, “our best defense.”
SEC. 3. DEFINITIONS.
(1) The term “intelligence”
(A) means information deliberately discovered, discriminated, distilled, and delivered to a specific policy-maker, acquisition manager, or operational commander, elements of their supporting staff, or decision-makers in the private sector or international community, with the specific purpose of supporting a strategic, operational, tactical, or technical decision on behalf of the citizens of the United States of America; and
(B) is not synonymous with secrets, secrecy, classified information, covert action, espionage, or any other terms traditionally associated with clandestine, covert, and secret operations.
(2) The Open Source Agency is authorized use of the term Open Source Intelligence (OSINT), but the preferred definition of what it does is Open Source Information Gathering in Support of Open Source Decision Support.
(3) Only the U.S. Intelligence Community may produce “validated” Open Source Intelligence (OSINT-V).
TITLE I—ESTABLISHMENT OF A NEW PROGRAM
SUB-TITLE A—COMMITTEE JURISDICTION
SEC. 101. COMMITTEE ON GOVERNMENT REFORM/COMMITTEE ON GOVERNMENT OPERATIONS
This new program is primarily a means of effecting Government Reform and enhancing Government Operations across all jurisdictions, and shall be authorized by these respective committees, in close coordination with all other Committees having their own jurisdictions, this program being a “service of common concern” seeking to enhance all other programs.
SEC. 102. OTHER DIRECTLY AFFECTED COMMITTEES
The Appropriations, Armed Services, Commerce, Foreign Affairs, Intelligence, and Judiciary Committees shall have concurrent jurisdiction over the Open Source Agency, above and beyond their own authorizations for Open Source Information investments within their respective budgets. Any hearings or materials dealing with the Open Source Agency will be immediately shared with these Committees as desired.
SEC. 103. ESTABLISHMENT OF THE NON-PARTISAN OPEN SOURCE CAUCUS
The Open Source Agency is expected to prove especially beneficial to those jurisdictions that have not in the past qualified for clandestine or covert intelligence support, and that have the most to gain from this new capability to gather and exploit legal and ethical overt sources of information. In order to accelerate the delivery of valuable information to all other Congressional jurisdictions, a non-partisan Open Source Caucus will be sponsored by the Government Reform/ Government Operations Committees, and deliberate care will be taken in the early months of the new Agency’s operations to ensure that environmental, medical, and other legislative concerns generally falling outside the routine purview of the U.S. Intelligence Community are taken into account.
SUB-TITLE B—ESTABLISHMENT OF
THE OPEN SOURCE AGENCY (OSA)
There is established an Open Source Agency (OSA) for the purpose on ensuring that all elements of the Federal government, including Congress and the Judiciary, have the fullest possible access to all necessary and relevant information available from legal and ethical overt or open sources in all languages, on a 24/7 basis. This organization specifically does not compete with nor duplicate the services of the Foreign Broadcast Information Service (FBIS), which shall remain a part of the Central Intelligence Agency.
SEC. 201. APPOINTMENT OF THE DIRECTOR, OPEN SOURCE AGENCY (DOSA)
There shall be a Director, Open Source Agency (DOSA), who shall be appointed by the President, by and with the advice and consent of the Senate—
(a) who shall serve as the head of the Open Source Agency for a period of ten years, eligible for reappointment with confirmation, unless resigned or retired at their request.
(b) who shall be responsible for implementing such projects as may be authorized and approved within the independent budget of the Open Source Agency.
(c) who shall be responsible for managing the Open Source Requirements System, which shall coordinate all requirements for open source information in any language and any medium funded by the U.S. taxpayer, including both those sources purchased under the authority of the Open Source Agency, and those sources purchased under the authority of any other Federal agency, service, or theater. The sole purpose of this requirements system will be to avoid duplicative purchases and ensure the fullest possible benefit from the taxpayer dollar—the Open Source Agency will not have veto power over the internal funds of any other government organization.
SEC. 202. APPOINTMENT OF THE DEPUTY DIRECTOR FOR HOMELAND SECURITY SUPPORT
There shall be a Deputy Director for Homeland Security, nominated with the advice and consent of the Secretary of the Department of Homeland Security, who shall be responsible for ensuring that the Open Source Agency is fully responsive to the needs of this Department and its state and local programs.
SEC. 203. APPOINTMENT OF THE DEPUTY DIRECTOR FOR MILITARY SUPPORT
There shall be a Deputy Director for Military Support, nominated with the advice and consent of the Secretary of Defense, who shall be responsible for ensuring that the Open Source Agency is fully responsive to the needs of this Department and its state and local programs.
SEC. 204. APPOINTMENT OF THE DEPUTY DIRECTOR FOR EXECUTIVE DECISION SUPPORT
There shall be a Deputy Director for Executive Decision Support, nominated with the advice and consent of the Director of Central Intelligence, who shall be responsible for ensuring that the Open Source Agency is fully responsive to the needs this Community.
SEC. 205. APPOINTMENT OF THE DEPUTY DIRECTOR FOR BUSINESS LIAISON
There shall be a Deputy Director for Business Liaison, nominated with the advice and consent of the Secretary of Commerce, who shall be responsible for ensuring that the Open Source Agency is fully responsive to the needs of this Department and its state and local programs, while also creating a new open source information sharing network helpful to the U.S. business community and foreign businessees based in the U.S.
SEC. 206. APPOINTMENT OF THE DEPUTY DIRECTOR FOR ACADEMIC LIAISON
There shall be a Deputy Director for Academic Liaison, nominated with the advice and consent of the Secretary of Education, who shall be responsible for ensuring that the Open Source Agency is fully responsive to the needs of this Department and its state and local programs, while also creating a new open source information sharing network helpful to the U.S. academic and research programs.
SEC. 207. APPOINTMENT OF THE DEPUTY DIRECTOR FOR NON-GOVERNMENTAL LIAISON
There shall be a Deputy Director for Non-Governmental Liaison, nominated with the advice and consent of the Secretary of State, who shall be responsible for ensuring that the Open Source Agency is fully responsive to the needs of this Department and its varied foreign affairs and international multilateral endeavors.
SEC. 208. APPOINTMENT OF THE DEPUTY DIRECTOR FOR MEDIA LIAISON
There shall be a Deputy Director for Media Liaison, who shall be responsible for devising new means of enabling that all journalists and all news organizations to monetize the knowledge they are not able to publish.
SEC. 209. APPOINTMENT OF THE DEPUTY DIRECTOR FOR CIVIL & RELIGIOUS SOCIETY LIAISON
There shall be a Deputy Director for Civil & Religious Liaison, who shall be responsible for devising new means of understanding and sharing legal, ethical, overt information among civil & religious organizations, with a particular emphasis on supporting faith-based diplomacy and cultural outreach.
SEC. 210. APPOINTMENT OF THE DEPUTY DIRECTOR FOR CONGRESSIONAL LIAISON
There shall be a Deputy Director for Congressional Liaison, who shall be responsible for evaluating, when invited, the degree to which each Congressional jurisdiction’s needs for original overt information gathering are being met. Working closely with the Congressional Research Service (CRS), this individual shall serve as a collection manager to improve both direct information services to Congressional Members and their staffs, and indirect information services via the CRS.
SUB-TITLE C—ESTABLISHMENT OF GENERIC GLOBAL COVERAGE CAPABILITIES
SEC. 301. AUTHORIZATION OF A DIGITAL HISTORY PROGRAM
A Digital History Program is authorized, which will, within one year, digitize essential Chinese, Islamic, and such other foreign historical, political, economic, social, ideological, cultural, technical, demographic, natural, and geographic information as may be helpful in prosecuting the Global War on Terrorism (GWOT) and furthering the national security and national prosperity interests of the U.S.
SEC. 302. AUTHORIZATION OF A NON-GOVERNMENTAL ORGANIZATION DATA WAREHOUSE
A Non-Governmental Data Warehouse and Network is authorized, whose purpose is to create an overt, legal, ethical means for gaining access to “ground truth” reports from such organizations as are present around the world but unwilling to share information with U.S. Intelligence Agencies or the Department of Defense. In return, those organizations that contribute to this “information commons” will be given full and complete access to such open source information as is available from the Open Source Agency and relevant to their needs.
SEC. 303. AUTHORIZATION OF A GLOBAL COVERAGE NETWORK OF VIRTUAL TASK FORCES
A Global Coverage Network of Virtual Task Forces is authorized. This network, beginning with the creation of a global directory of the top 100 published and top 100 unpublished experts spanning all countries and all topics (each), will establish virtual task forces that are both inter-agency and multi-cultural in nature, able to fulfill both current monitoring and early warning or estimative decision support.
SEC. 304. AUTHORIZATION OF A GENERIC OPEN SOURCE INFORMATION TRAINING PROGRAM
A generic Open Source Information (OSIF) Training Program is authorized. This program will create distance learning modules available to all U.S. citizens as well as all members of the Armed Service and all members of the U.S. as well as state & local governments, and will also field Mobile Training Teams that will, within the year, visit every Embassy, every U.S. Major Command, and every U.S. Statehouse. In the second year, training will be extended to the business, academic, NGO-media, and civil associations.
SEC. 305. AUTHORIZATION OF A GENERIC “SMART NATION” ANALYTIC TOOLKIT
Building upon the world of the Joint Forces Command and other elements of the U.S. Government, the Open Source Agency will immediately establish a “skunk works” for the purpose of producing, as quickly as possible, a set of “good enough” softwares and “good enough” data meta-tagging standards, such that a generic “Smart Nation” analytic toolkit can be defined and adopted voluntarily. In general terms, this analytic toolkit will further the integration of open spectrum access, open source software, and open source information in all languages.
SEC. 306. AUTHORIZATION OF REGIONAL OPEN SOURCE INFORMATION NETWORKS
Five regional Open Source Information Networks are authorized, one each for the Americas, Asia-Pacific, Africa, Central Asia, Europe & Russia. The Director of the Open Source Agency may at his option establish each center in association with a foreign government, a U.S. military theater commander, or an academic center of excellence. It is anticipated that each center will serve as a multinational service of common concern to allied and coalition governments, with the U.S. providing the money and data processing capabilities, while the indigenous allies provide direct access for data gathering, and first-echelon translation and analysis;.
SEC. 307. AUTHORIZATION OF INTERNATIONAL TRADE & COMMERCE NETWORK
A dedicated International Trade & Commerce Network of modest proportions is authorized, with the intent of establishing an Internet-based means of optimizing U.S. business access to relevant regulatory, taxation, and risk information that comes into the hands of the U.S. Government at taxpayer expense.
SEC. 308. AUTHORIZATION OF DIGITAL MARSHALL PLAN
A Digital Marshall Plan is authorized to provide appropriate incentives, in both cash and kind, to accelerate inexpensive high-speed connectivity between the U.S. and specific countries of concern where the U.S. is impaired in its understanding of the local situation by language or other barriers to all relevant information. The utilization of abandoned DoD satellites is recommended for consideration, together with the creation of a Civil Affairs Division with one battalion of specialists based around each regional center, subject to the concurrence of the Secretary of Defense.