[transcriber's note: underscores denote italicized text, plus signs (+) denote bolded text.] national strategy for combating terrorism february national strategy for combating terrorism introduction the nature of the terrorist threat today _the structure of terror_ _the changing nature of terrorism_ _a new global environment_ _interconnected terrorist organizations_ _availability of weapons of mass destruction_ _summary_ strategic intent _victory in the war against terror_ goals and objectives _defeat terrorists and their organizations_ _deny sponsorship, support, and sanctuary to terrorists_ _diminish the underlying conditions that terrorists seek to exploit_ _defend u.s. citizens and interests at home and abroad_ conclusion introduction "_no group or nation should mistake america's intentions: we will not rest until terrorist groups of global reach have been found, have been stopped, and have been defeated._" president george w. bush november , the terrorist attacks of september , , in washington, d.c., new york city, and pennsylvania were acts of war against the united states of america and its allies, and against the very idea of civilized society. no cause justifies terrorism. the world must respond and fight this evil that is intent on threatening and destroying our basic freedoms and our way of life. freedom and fear are at war. the enemy is not one person. it is not a single political regime. certainly it is not a religion. the enemy is terrorism--premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents. those who employ terrorism, regardless of their specific secular or religious objectives, strive to subvert the rule of law and effect change through violence and fear. these terrorists also share the misguided belief that killing, kidnapping, extorting, robbing, and wreaking havoc to terrorize people are legitimate forms of political action. the struggle against international terrorism is different from any other war in our history. we will not triumph solely or even primarily through military might. we must fight terrorist networks, and all those who support their efforts to spread fear around the world, using every instrument of national power--diplomatic, economic, law enforcement, financial, information, intelligence, and military. progress will come through the persistent accumulation of successes--some seen, some unseen. and we will always remain vigilant against new terrorist threats. our goal will be reached when americans and other civilized people around the world can lead their lives free of fear from terrorist attacks. there will be no quick or easy end to this conflict. at the same time, the united states, will not allow itself to be held hostage by terrorists. combating terrorism and securing the u.s. homeland from future attacks are our top priorities. but they will not be our only priorities. this strategy supports the national security strategy of the united states. as the national security strategy highlights, we live in an age with tremendous opportunities to foster a world consistent with interests and values embraced by the united states and freedom-loving people around the world. and we will seize these opportunities. this combating terrorism strategy further elaborates on section iii of the the national security strategy by expounding on our need to destroy terrorist organizations, win the "war of ideas," and strengthen america's security at home and abroad. while the national strategy for homeland security focuses on preventing terrorist attacks within the united states, the national strategy for combating terrorism focuses on identifying and defusing threats before they reach our borders. while we appreciate the nature of the difficult challenge before us, our strategy is based on the belief that sometimes the most difficult tasks are accomplished by the most direct means. ours is a strategy of direct and continuous action against terrorist groups, the cumulative effect of which will initially disrupt, over time degrade, and ultimately destroy the terrorist organizations. the more frequently and relentlessly we strike the terrorists across all fronts, using all the tools of statecraft, the more effective we will be. the united states, with its unique ability to build partnerships and project power, will lead the fight against terrorist organizations of global reach. by striking constantly and ensuring that terrorists have no place to hide, we will compress their scope and reduce the capability of these organizations. by adapting old alliances and creating new partnerships, we will facilitate regional solutions that further isolate the spread of terrorism. concurrently, as the scope of terrorism becomes more localized, unorganized and relegated to the criminal domain, we will rely upon and assist other states to eradicate terrorism at its root. the united states will constantly strive to enlist the support of the international community in this fight against a common foe. if necessary, however, we will not hesitate to act alone, to exercise our right to self-defense, including acting preemptively against terrorists to prevent them from doing harm to our people and our country. the war on terrorism is asymmetric in nature but the advantage belongs to us, not the terrorists. we will fight this campaign using our strengths against the enemy's weaknesses. we will use the power of our values to shape a free and more prosperous world. we will employ the legitimacy of our government and our cause to craft strong and agile partnerships. our economic strength will help failing states and assist weak countries in ridding themselves of terrorism. our technology will help identify and locate terrorist organizations, and our global reach will eliminate them where they hide. and as always, we will rely on the strength of the american people to remain resolute in the face of adversity. we will never forget what we are ultimately fighting for--our fundamental democratic values and way of life. in leading the campaign against terrorism, we are forging new international relationships and redefining existing ones in terms suited to the transnational challenges of the st century. we seek to integrate nations and peoples into the mutually beneficial democratic relationships that protect against the forces of disorder and violence. by harnessing the power of humanity to defeat terrorism in all its forms, we promote a freer, more prosperous, and more secure world and give hope to our children and generations to come. ultimately, our fight against terrorism will help foster an international environment where our democratic interests are secure and the values of liberty are respected around the world. the nature of the terrorist threat today "_we have seen their kind before. they are the heirs of all the murderous ideologies of the th century. by sacrificing human life to serve their radical visions--by abandoning every value except the will to power--they follow in the path of fascism, and nazism, and totalitarianism. and they will follow that path all the way, to where it ends: in history's unmarked grave of discarded lies._" president george w. bush address to a joint session of congress and the american people september , americans know that terrorism did not begin on september , . regrettably, its history is long and all too familiar. the first major terrorist attack on new york city's financial district, for instance, did not occur on september , or even with the truck bombing of the world trade center. it occurred september , , when anarchists exploded a horse cart filled with dynamite near the intersections of wall and broad streets, taking lives and wounding about others. starting with the assassination of president william mckinley in and continuing with the bombings of the u.s. embassies in tanzania and kenya in and the uss cole in yemen in , american history in the th century was punctuated by terrorism. americans also understand that we are not alone in the struggle against terror. terrorists have left their mark in some way upon every country in the world. citizens from some countries died in the attacks of september . for decades, the united states and our friends abroad have waged the long struggle against the terrorist menace. we have learned much from these efforts. even as we experience success in the war on terrorism, new enemies may emerge. thus, the united states will confront the threat of terrorism for the foreseeable future. consequently, we must continue to take aggressive action to uncover individuals and groups engaged in terrorist activity, by analyzing the common characteristics of terrorists in order to understand where our enemies are weak and where they are strong. [illustration: _figure _: the structure of terror] +the structure of terror+ despite their diversity in motive, sophistication, and strength, terrorist organizations share a basic structure as depicted in _figure _. at the base, underlying conditions such as poverty, corruption, religious conflict and ethnic strife create opportunities for terrorists to exploit. some of these conditions are real and some manufactured. terrorists use these conditions to justify their actions and expand their support. the belief that terror is a legitimate means to address such conditions and effect political change is a fundamental problem enabling terrorism to develop and grow. the international environment defines the boundaries within which terrorists' strategies take shape. as a result of freer, more open borders this environment unwittingly provides access to havens, capabilities, and other support to terrorists. but access alone is not enough. terrorists must have a physical base from which to operate. whether through ignorance, inability, or intent, states around the world still offer havens--both physical (e.g., safe houses, training grounds) and virtual (e.g., reliable communication and financial networks)--that terrorists need to plan, organize, train, and conduct their operations. once entrenched in a safe operating environment, the organization can begin to solidify and expand. the terrorist organization's structure, membership, resources, and security determine its capabilities and reach. at the top of the structure, the terrorist leadership provides the overall direction and strategy that links all these factors and thereby breathes life into a terror campaign. the leadership becomes the catalyst for terrorist action. the loss of the leadership can cause many organizations to collapse. some groups, however, are more resilient and can promote new leadership should the original fall or fail. still others have adopted a more decentralized organization with largely autonomous cells, making our challenge even greater. +the changing nature of terrorism+ while retaining this basic structure, the terrorist challenge has changed considerably over the past decade and likely will continue to evolve. ironically, the particular nature of the terrorist threat we face today springs in large part from some of our past successes. in the s and s, the united states and its allies combated generally secular and nationalist terrorist groups, many of which depended upon active state sponsors. while problems of state sponsorship of terrorism continue, years of sustained counterterrorism efforts, including diplomatic and economic isolation, have convinced some governments to curtail or even abandon support for terrorism as a tool of statecraft. the collapse of the soviet union--which provided critical backing to terrorist groups and certain state sponsors-- accelerated the decline in state sponsorship. many terrorist organizations were effectively destroyed or neutralized, including the red army faction, direct action, and communist combatant cells in europe, and the japanese red army in asia. such past successes provide valuable lessons for the future. with the end of the cold war, we also saw dramatic improvements in the ease of transnational communication, commerce, and travel. unfortunately, the terrorists adapted to this new international environment and turned the advances of the th century into the destructive enablers of the st century. +a new global environment+ al-qaida exemplifies how terrorist networks have twisted the benefits and conveniences of our increasingly open, integrated, and modernized world to serve their destructive agenda. the al-qaida network is a multinational enterprise with operations in more than countries. its camps in afghanistan provided sanctuary and its bank accounts served as a trust fund for terrorism. its global activities are coordinated through the use of personal couriers and communication technologies emblematic of our era--cellular and satellite phones, encrypted e-mail, internet chat rooms, videotape, and cd-roms. like a skilled publicist, usama bin laden and al-qaida have exploited the international media to project his image and message worldwide. members of al-qaida have traveled from continent to continent with the ease of a vacationer or business traveler. despite our coalition's successes in afghanistan and around the world, some al-qaida operatives have escaped to plan additional terrorist attacks. in an age marked by unprecedented mobility and migration, they readily blend into communities wherever they move. they pay their way with funds raised through front businesses, drug trafficking, credit card fraud, extortion, and money from covert supporters. they use ostensibly charitable organizations and non-governmental organizations (ngos) for funding and recruitment. money for their operations is transferred surreptitiously through numerous banks, money exchanges, and alternate remittance systems (often known as "hawalas")--some legitimate and unwitting, others not. these terrorists are also transnational in another, more fundamental way--their victims. the september attacks murdered citizens from australia, brazil, china, egypt, el salvador, france, germany, india, israel, jordan, japan, pakistan, russia, south africa, switzerland, turkey, the united kingdom and scores of other countries. as the al-qaida network demonstrates, the terrorist threat today is mutating into something quite different from its predecessors. terrorists can now use the advantage of technology to disperse leadership, training, and logistics not just regionally but globally. establishing and moving cells in virtually any country is relatively easy in a world where more than million people live outside of their country of origin and millions of people cross international borders every day. furthermore, terrorist groups have become increasingly self-sufficient by exploiting the global environment to support their operations. whether it is the farc's involvement in the cocaine trade in colombia, al-qaida's profiting from the poppy fields in afghanistan, or abu sayyaf's kidnapping for profit in the philippines, terrorists are increasingly using criminal activities to support and fund their terror. in addition to finding sanctuary within the boundaries of a state sponsor, terrorists often seek out states where they can operate with impunity because the central government is unable to stop them. such areas are found in the americas, europe, the middle east, africa, and asia. more audaciously, foreign terrorists also establish cells in the very open, liberal, and tolerant societies that they plan to attack. +interconnected terrorist organizations+ the terrorist threat is a flexible, transnational network structure, enabled by modern technology and characterized by loose interconnectivity both within and between groups. in this environment, terrorists work together in funding, sharing intelligence, training, logistics, planning, and executing attacks. terrorist groups with objectives in one country or region can draw strength and support from groups in other countries or regions. for example, in , three members of the irish republican army were arrested in colombia, suspected of training the farc in how to conduct an urban bombing campaign. the connections between al-qaida and terrorist groups throughout southeast asia further highlight this reality. the terrorist threat today is both resilient and diffuse because of this mutually reinforcing, dynamic network structure. _figure _ is representative of how terrorists and terrorist organizations operate on three levels. at the first level are those terrorist organizations that operate primarily within a single country. their reach is limited, but in this global environment their actions can have international consequences. such state-level groups may expand geographically if their ambitions and capabilities are allowed to grow unchecked. at the next level are terrorist organizations that operate regionally. these regional operations transcend at least one international boundary. terrorist organizations with global reach comprise the third category. their operations span several regions and their ambitions can be transnational and even global. [illustration: _figure _: transnational terrorist networks] these three types of organizations are linked together in two ways. first, they can cooperate directly by sharing intelligence, personnel, expertise, resources, and safe havens. second, they can support each other in less direct ways, such as by promoting the same ideological agenda and reinforcing each other's efforts to cultivate a favorable international image for their "cause." by capitalizing on the very technological advances that we use within our country, terrorist organizations learn and share information garnered from our web sites, exploit vulnerabilities within our critical infrastructure, and communicate across the same internet paths we use each day. the interconnected nature of terrorist organizations necessitates that we pursue them across the geographic spectrum to ensure that all linkages between the strong and the weak organizations are broken, leaving each of them isolated, exposed, and vulnerable to defeat. +availability of weapons of mass destruction (wmd)+ weapons of mass destruction pose a direct and serious threat to the united states and the entire international community. the probability of a terrorist organization using a chemical, biological, radiological, or nuclear weapon, or high-yield explosives, has increased significantly during the past decade. the availability of critical technologies, the willingness of some scientists and others to cooperate with terrorists, and the ease of intercontinental transportation enable terrorist organizations to more easily acquire, manufacture, deploy, and initiate a wmd attack either on u.s. soil or abroad. while new instruments of terror such as cyber attacks are on the rise, and other conventional instruments of terror have not diminished, the availability and potential use of a wmd is in a category by itself. we know that some terrorist organizations have sought to develop the capability to use wmd to attack the united states and our friends and allies. motivated by extreme, even apocalyptic ideologies, some terrorists' ambitions to inflict mayhem seem unlimited. the aum shinrikyo's unsuccessful efforts to deploy biological weapons and its lethal sarin gas attack in the tokyo subway provided an early warning of such willingness to acquire and use wmd. in , usama bin laden proclaimed the acquisition of wmd a "religious duty," and evidence collected in afghanistan proves al-qaida sought to fulfill this "duty." the threat of terrorists acquiring and using wmd is a clear and present danger. a central goal must be to prevent terrorists from acquiring or manufacturing the wmd that would enable them to act on their worst ambitions. +summary+ while terrorism is not new, today's terrorist threat is different from that of the past. modern technology has enabled terrorists to plan and operate worldwide as never before. with advanced telecommunications they can coordinate their actions among dispersed cells while remaining in the shadows. today's terrorists increasingly enjoy a force-multiplier effect by establishing links with other like-minded organizations around the globe. now, with a wmd capability, they have the potential to magnify the effects of their actions many fold. the new global environment, with its resultant terrorist interconnectivity, and wmd are changing the nature of terrorism. our strategy's effectiveness ultimately depends upon how well we address these key facets of the terrorist threat. strategic intent "_we must take the battle to the enemy, disrupt his plans and confront the worst threats before they emerge. in the world we have entered, the only path to safety is the path of action. and this nation will act._" president george w. bush june , the intent of our national strategy is to stop terrorist attacks against the united states, its citizens, its interests, and our friends and allies around the world and ultimately, to create an international environment inhospitable to terrorists and all those who support them. to accomplish these tasks we will simultaneously act on four fronts. the united states and its partners will _defeat_ terrorist organizations of global reach by attacking their sanctuaries; leadership; command, control, and communications; material support; and finances. this approach will have a cascading effect across the larger terrorist landscape, disrupting the terrorists' ability to plan and operate. as a result, it will force these organizations to disperse and then attempt to reconsolidate along regional lines to improve their communications and cooperation. as this dispersion and organizational degradation occurs, we will work with regional partners to implement a coordinated effort to squeeze, tighten, and isolate the terrorists. once the regional campaign has localized the threat, we will help states develop the military, law enforcement, political, and financial tools necessary to finish the task (_figure _). however, this campaign need not be sequential to be effective; the cumulative effect across all geographic regions will help achieve the results we seek. we will _deny_ further sponsorship, support, and sanctuary to terrorists by ensuring other states accept their responsibilities to take action against these international threats within their sovereign territory. unscr and the un counterterrorism conventions and protocols establish high standards that we and our international partners expect others to meet in deed as well as word. where states are willing and able, we will reinvigorate old partnerships and forge new ones to combat terrorism and coordinate our actions to ensure that they are mutually reinforcing and cumulative. where states are weak but willing, we will support them vigorously in their efforts to build the institutions and capabilities needed to exercise authority over all their territory and fight terrorism where it exists. where states are reluctant, we will work with our partners to convince them to change course and meet their international obligations. where states are unwilling, we will act decisively to counter the threat they pose and, ultimately, to compel them to cease supporting terrorism. we will _diminish_ the underlying conditions that terrorist seek to exploit by enlisting the international community to focus its efforts and resources on the areas most at risk. we will maintain the momentum generated in response to the september attacks by working with our partners abroad and various international forums to keep combating terrorism at the forefront of the international agenda. most importantly, we will _defend_ the united states, our citizens, and our interests at home and abroad by both proactively protecting our homeland and extending our defenses to ensure we identify and neutralize the threat as early as possible. +victory in the war against terror+ victory against terrorism will not occur as a single, defining moment. it will not be marked by the likes of the surrender ceremony on the deck of the uss missouri that ended world war ii. however, through the sustained effort to compress the scope and capability of terrorist organizations, isolate them regionally, and destroy them within state borders, the united states and its friends and allies will secure a world in which our children can live free from fear and where the threat of terrorist attacks does not define our daily lives. victory, therefore, will be secured only as long as the united states and the international community maintain their vigilance and work tirelessly to prevent terrorists from inflicting horrors like those of september , . [illustration: _figure _: operationalizing the strategy] goals and objectives "_america is no longer protected by vast oceans. we are protected from attack only by vigorous action abroad, and increased vigilance at home._" president george w. bush january , +_goal_: defeat terrorists and their organizations+ the first tenet of the d strategy (defeat, deny, diminish and defend) calls for defeating terrorist organizations of global reach through the direct or indirect use of diplomatic, economic, information, law enforcement, military, financial, intelligence, and other instruments of power. the evolution of terrorist organizations into loose, flexible networks with small, informal groups compounds the challenges of combating them. the united states will use all its resources, including the ability to marshal and sustain international coalitions, to defeat networks and prevent the growth of new organizations. the united states and its partners will target the individuals, state sponsors, and transnational networks that enable terrorism to flourish. an analysis of the history of combating terrorism confirms that the best way to defeat terrorism is to isolate and localize its activities and then destroy it through intensive, sustained action. political pressures and economic sanctions have moderated some state sponsors, but have had little effect on individual groups that can sustain an independent presence. however, due to the broad expanse and sophistication of some of these global terrorist organizations, we must first act to reduce their scope and capability. this effort requires us to identify the terrorists, locate their sanctuaries, and destroy their ability to plan and operate. we cannot wait for terrorists to attack and then respond. the united states and its partners will disrupt and degrade the ability of terrorists to act, and compel supporters of terrorism to cease and desist. preventing terrorist groups from gaining access to technology, particularly that which supports wmd, will be one of our highest priorities. _objective: identify terrorists and terrorist organizations_. "know your enemy" is one of the most accepted maxims in warfare. unfortunately, our knowledge of the inner workings of some terrorist organizations remains incomplete. the intelligence community and law enforcement agencies will therefore continue their aggressive efforts to identify terrorists and their organizations, map their command and control and support infrastructure, and then ensure we have broad, but appropriate, distribution of the intelligence to federal, state, and local agencies as well as to our international allies. while we will not ignore regional or emerging threats, our operational efforts and intelligence will focus primarily upon the most dangerous groups, namely, those with global reach or aspirations to acquire and use wmd. we will prioritize our efforts based on the immediate threat and our national interests. based on this prioritization and mapping of terrorist organizations, we will determine where to position forces and collection assets to identify terrorist ground, air, maritime, and cyber activities. timely and advantageous positioning of these assets will be crucial for obtaining intelligence and developing options for decisive action. a key component of this force and asset alignment will be our ability to understand the terrorist intent through technical and document exploitation. this will require a dramatic increase in linguistic support. consequently, all government agencies will review their language programs to ensure adequate resources are available to meet this demand. the intelligence community will continue to enhance its collection on terrorist wmd capabilities, including bioterrorism threats against agriculture and the food supply. _objective: locate terrorists and their organizations_. the shadowy nature of terrorist organizations precludes an easy analysis of their capabilities or intent. the classic net assessment of the enemy based on the number of tanks, airplanes, or ships does not apply to these non-state actors. for intelligence to succeed in this war on terrorism, the united states must not only rely on technical intelligence, but renew its emphasis on other types of intelligence needed to get inside the organizations, locate their sanctuaries, and disrupt their plans and operations. the intelligence community will review its current capability to gather human and technical intelligence on terrorist organizations and make recommendations, as necessary, to expand its recruitment, training, and operations. the intelligence community will continue its comprehensive effort to acquire new reporting sources, then use those sources to penetrate designated terrorist organizations to provide information on leadership, plans, intentions, modus operandi, finances, communications, and recruitment. the law enforcement community, using the leverage provided by our criminal justice system, will continue its efforts to identify and locate terrorist organizations operating at home and abroad. our regional partners are often better poised than the united states to gain access to information and intelligence. therefore, the intelligence and law enforcement communities will continue to expand and improve their relations with their foreign counterparts in an effort to take better advantage of their source reporting. _objective: destroy terrorists and their organizations_. once we have identified and located the terrorists, the united states and its friends and allies will use every tool available to disrupt, dismantle, and destroy their capacity to conduct acts of terror. the final element to the defeat goal is an aggressive, offensive strategy to eliminate capabilities that allow terrorists to exist and operate--attacking their sanctuaries; leadership; command, control, and communications; material support; and finances. while divulging the details of this aspect of the strategy would be imprudent, we will focus our efforts on three pillars. first, we will expand our law enforcement effort to capture, detain, and prosecute known and suspected terrorists. second, america will focus decisive military power and specialized intelligence resources to defeat terrorist networks globally. finally, with the cooperation of its partners and appropriate international organizations, we will continue our aggressive plan to eliminate the sources of terrorist financing. to synchronize this effort, the department of state will take the lead in developing specific regional strategies for the defeat of terrorism. we will further leverage regional relationships, by ensuring appropriate allied participation with the regional combatant commanders as they prosecute the war on terrorism. +_goal_: deny sponsorship, support, and sanctuary to terrorists+ the national strategy's second front stresses denying terrorists the sponsorship, support, and sanctuary that enable them to exist, gain strength, train, plan, and execute their attacks. the united states has a long memory and is committed to holding terrorists and those who harbor them accountable for past crimes. the states that choose to harbor terrorists are like accomplices who provide shelter for criminals. they will be held accountable for the actions of their "guests." the strategy to deny sponsorship, support, and sanctuary is three-fold. first, it focuses on the responsibilities of all states to fulfill their obligations to combat terrorism both within their borders and internationally. second, it helps target u.s. assistance to those states who are willing to combat terrorism, but may not have the means. and finally, when states prove reluctant or unwilling to meet their international obligations to deny support and sanctuary to terrorists, the united states, in cooperation with friends and allies, or if necessary, acting independently, will take appropriate steps to convince them to change their policies. the goal of this front is to choke off the lifeblood of terrorist groups--their access to territory, funds, equipment, training, technology, and unimpeded transit. this approach will therefore weaken terrorist organizations and their ability to conduct operations. of particular importance is working to prevent terrorists from acquiring the capability to use chemical, biological, radiological, or nuclear weapons, or high-yield explosives. non-state actors play an important role in the international environment. nongovernmental organizations are important in combating international terrorism and we will work with them to prevent terrorists from taking advantage of their services. _objective: end the state sponsorship of terrorism_. the united states will assume a clear and pragmatic approach in prosecuting the campaign against terrorism. this will include incentives for ending state sponsorship. when a state chooses not to respond to such incentives, tough decisions will be confronted. at all times within this new dynamic we will balance a nation's near-term actions against the long-term implications and consequences. the united states currently lists seven state sponsors of terrorism: iran, iraq, syria, libya, cuba, north korea, and sudan. we are firmly committed to removing countries from the list once they have taken the necessary steps under our law and policy. a checkered past does not foreclose future membership in the coalition against terrorism. it is important for all countries to adopt a "zero tolerance" policy for terrorist activity within their borders. in the new global environment it is also important for states to understand how terrorists and their supporters may use legitimate means of communication, commerce, and transportation for illegal activities. each state that gets out of the business of sponsoring terrorism represents a significant step forward and offers a tangible measure of success. america will never seek to remove states from the sponsorship list by lowering the bar; instead, these states should be encouraged--or compelled--to clear the bar. we will not have a single, inflexible approach to handling the recognized state sponsors of terrorism. each case is unique, with different interests and legacy issues involved. each situation demands specifically tailored policies. we will be open to overtures from states that want to put their sponsorship of terrorism behind them, but we will not compromise on the essential principle that there are no "good" or "just" terrorists. we will be relentless in discrediting terrorism as a legitimate means of expressing discontent. to ensure we have a well orchestrated and synchronized policy, the department of state will take the lead in developing policy action plans that employ both incentives and disincentives to end state sponsorship of terrorism. all appropriate departments and agencies will engage key allies to develop common or complementary strategies to support the above plans. so that no state miscalculates u.s. resolve, we will articulate these policy goals through appropriate public and diplomatic channels. _objective: establish and maintain an international standard of accountability with regard to combating terrorism_. in addition to u.s. pressure to end state sponsorship, we will strongly support new, strict standards for all states to meet in the global war against terrorism. states that have sovereign rights also have sovereign responsibilities. unscr clearly establishes states' obligations for combating terrorism. this resolution calls upon all member states to cooperate to prevent terrorist attacks through a spectrum of activities, including suppressing and freezing terrorist financing, prohibiting their nationals from financially supporting terrorists, denying safe haven, and taking steps to prevent the movement of terrorists. additionally, the international counterterrorism conventions and protocols, together with unscr , set forth a compelling body of international obligations relating to counterterrorism. we will continue to press all states to become parties to and fully implement these conventions and protocols. together, unscr , the international counterterrorism conventions and protocols, and the inherent right under international law of individual and collective self-defense confirm the legitimacy of the international community's campaign to eradicate terrorism. we will use unscr and the international counterterrorism conventions and protocols to galvanize international cooperation and to rally support for holding accountable those states that do not meet their international responsibilities. this baseline level of commitment has four other basic advantages. first, it reaffirms the primacy of local efforts--the vital principle that each nation bears primary responsibility for fighting terrorism within its territory. second, it provides an internationally recognized baseline against which the efforts of all nations--including the united states--can be evaluated. third, this foundation does not prevent the formation of coalitions of willing nations for special tasks above and beyond the requirements of unscr and the international counterterrorism conventions and protocols. fourth, the united states remains free to emphasize reciprocity in its counterterrorism policies. while we will always meet our baseline responsibilities, u.s. efforts can prioritize support to our allies, protect vital interests, and assist those international partners who prove themselves most willing to cooperate in the campaign against terror. the steady increase in the number of countries that are fully implementing unscr will thus provide a tangible measure of progress in the years ahead. additionally, we will encourage international, regional, and subregional organizations to call upon their members to adopt and fully implement the counterterrorist conventions, protocols, and unscr , and subsequently we will support them in their effort. to help ensure compliance and maintain oversight, the u.s. government will support the establishment of a comprehensive plan to monitor and, when appropriate, publicize nations' counterterrorist activities. to maintain the momentum since september and keep the global war on terrorism in the forefront, all departments and agencies of the u.s. government will promote combating terrorism as a standard agenda item for their bilateral and multilateral discussions. _objective: strengthen and sustain the international effort to fight terrorism_. defeating terrorism is our nation's primary and immediate priority. it is "our calling," as president bush has said. but it is not our challenge alone. unlike the cold war, where two opposing camps led by superpower states vied for power, we are now engaged in a war between the civilized world and those that would destroy it. success will not come by always acting alone, but through a powerful coalition of nations maintaining a strong, united international front against terrorism. +working with willing and able states+: an essential element of our strategy remains working with others to reorient existing partnerships and create new mechanisms for cooperation among the willing and able states around the world. no support will be more important to success than that from the other nations that have the will and resources to combat terrorism with us at the state, regional, and even global level. in the aftermath of the september attacks we have reaped the rewards of the investments made in our major alliances during the past years. these rewards are evident in nato's unprecedented invocation of article v of the nato treaty, australia's invocation of article iv of the anzus treaty, and in the way both our nato and anzus allies have matched words with deeds on every front in the war against terrorism. military forces representing a broad coalition of countries from north america, europe, the middle east and oceania have participated in vital operations in afghanistan. japan has also provided historic support to the campaign against terrorism. our western hemispheric neighbors invoked the rio treaty and have shown a commitment to combat terrorism through a new inter-american convention against terrorism adopted in june . but these alliances cannot be taken for granted or remain static. we will strive to help them evolve to meet the demands of this new era. at the same time, through our common efforts against terrorism, we are recasting our relations with russia, china, pakistan, and india. the cooperation forged with these countries in the war on terrorism highlights how our future relations need not be constrained by past differences. ensuring that the current level of international cooperation is a lasting feature of our world will be a defining challenge of this era. +enabling weak states+: some countries are committed to fighting terrorism but lack the capacity to fulfill their sovereign responsibilities. some governments, for example, lack the legal framework, training, or technical capabilities needed to fight money laundering. others do not have the law enforcement, intelligence, or military capabilities to assert effective control over their entire territory. after september , we redoubled our efforts to develop programs that help them to acquire the necessary capabilities to fight terrorism through a variety of means, including improved legislation, technical assistance, new investigative techniques, intelligence sharing, and law enforcement and military training. for example, we are stepping up our efforts in the balkans to help governments secure their borders and refocusing our assistance to place increased priority on efforts to promote the rule of law. we are helping the armed forces of the philippines to build their capacity to fight terrorism through a robust training and professional education program. the united states will continue to develop comprehensive plans to build strong and agile partnerships, particularly in regions that historically have been difficult to engage. we will work together to develop programs to train foreign governments in tactics, techniques, and procedures to combat terrorism. we will review funding for international counterterrorism training and assistance programs and ensure adequate resources are available to strengthen the capabilities of key states. we will continue to negotiate extradition and mutual legal assistance treaties (mlats) and expand the international coalition that supports the war on terrorism. we will conduct an extensive review to determine the viability of establishing new institutions that may help combat terrorism. and at every opportunity we will continue to enhance international counterterrorism cooperation through the further expansion and sharing of intelligence and law enforcement information. while focusing on terrorism, this effort will strengthen our strategic alignments and transform the international environment. +persuading reluctant states+: in waging the campaign against terrorism, the united states will also confront difficult cases involving countries that, although capable, prove reluctant to comply with their responsibilities in the fight against terror. some countries will cooperate on some fronts but not others. this unwillingness can spring from many sources, such as external threats, internal schisms that enable one faction to use the state to extend tacit or active support to terrorists, or cultural or political differences that lead to disagreements over what constitutes "terrorist" or criminal activity. these cases will be the most delicate. the united states recognizes that some governments might place themselves in the crosshairs--and not just figuratively--by joining the war against terrorism. therefore, constructive engagement, with sustained diplomacy and targeted assistance will be used to persuade these regimes to become more willing and, eventually able, to meet their international obligations to combat terrorism. +compelling unwilling states+: the unwilling states are those that sponsor or actively provide sanctuary to terrorists. those states that continue to sponsor terrorist organizations will be held accountable for their actions. _objective: interdict and disrupt material support for terrorists_. a key component of any nation's sovereignty is control of its borders. every nation bears responsibility for the people and goods transiting its borders. while we expect states to fulfill their obligations, we will nevertheless be prepared to interdict terrorist ground, air, maritime, and cyber traffic by positioning forces and assets to deny terrorists access to new recruits, financing, equipment, arms, and information. as part of this undertaking, our national strategy to combat weapons of mass destruction addresses the most serious of these threats and outlines plans and policies to execute timely, effective interdiction efforts against wmd-related materials, technologies, and expertise. some irresponsible governments--or extremist factions within them--seeking to further their own agenda may provide terrorists access to wmd. such actions would be unacceptable to the united states. we are prepared to act decisively to stop terrorists from acquiring wmd or precursors. interdiction, whether against terrorist material support or wmd, will be carefully coordinated to ensure prioritization of intelligence, proper allocation of resources, and, when necessary, swift, decisive action. we will not permit the world's most dangerous regimes and terrorists to threaten us with the world's most destructive weapons. drug trafficking and protection schemes surrounding the drug trade also generate vast sums of money for international organized crime syndicates and terrorist organizations. laundered through the international financial system, this money then provides a huge source of virtually untraceable funds to corrupt officials, bypass established financial controls, and further other illegal activities, including arms trafficking and migrant smuggling. these activities ensure a steady supply of weapons and cash and ease the movement of operatives for terrorist organizations worldwide. breaking the nexus between drugs and terror is a key objective in our war on terrorism and the national drug control strategy outlines u.s. goals in this area. the united states will continue to work with our friends and allies to disrupt the financing of terrorism. we will identify and block the sources of funding, freeze the assets of terrorists and those who support them, deny terrorists access to the international financial system, protect legitimate charities from being abused by terrorists, and prevent the movement of terrorists' assets through alternative financial networks. sensitive technology in the hands of terrorists can be just as damaging to our war efforts as weapons and financing. therefore, we will continue to pursue an aggressive strategy that identifies sensitive information and technology and outlines appropriate steps to preclude terrorists from obtaining and exploiting them. _objective: eliminate terrorist sanctuaries and havens_. terrorism cannot have a place of refuge. it must be rooted out and destroyed. the united states and the international community must develop procedures and mechanisms that will eradicate terrorism wherever it exists. an essential part of this campaign will be the promotion of international standards of behavior and national legal systems to eliminate terrorist refuges. the united states will work in concert with our international and regional partners to ensure effective governance over ungoverned territory, which could provide sanctuary to terrorists. where there is a clear indication of terrorist activity in these areas, the united states, in conjunction with our friends and allies, will work to eliminate these terrorist sanctuaries and preclude any future access to these areas by terrorist organizations. the intelligence community, in conjunction with the department of defense, the department of state, and others, will conduct an annual review and assessment of international terrorist sanctuaries and subsequently develop plans that address the denial of these areas. +_goal_: diminish the underlying conditions that terrorists seek to exploit+ the third component of the d strategy is made up of the collective efforts to diminish conditions that terrorists can exploit. while we recognize that there are many countries and people living with poverty, deprivation, social disenfranchisement, and unresolved political and regional disputes, those conditions do not justify the use of terror. however, many terrorist organizations that have little in common with the poor and destitute masses exploit these conditions to their advantage. the september terrorists, for instance, came predominantly from the ranks of the educated and middle-class and served in an organization led by a millionaire murderer. these efforts to diminish underlying conditions have material as well as intangible dimensions. ongoing u.s. efforts to resolve regional disputes, foster economic, social, and political development, market-based economies, good governance, and the rule of law, while not necessarily focused on combating terrorism, contribute to the campaign by addressing underlying conditions that terrorists often seek to manipulate for their own advantage. additionally, diminishing these conditions requires the united states, with its friends and allies, to win the "war of ideas," to support democratic values, and to promote economic freedom. the united states does not propose to undertake this difficult challenge alone. the united states has neither the resources nor the expertise to be in every place in the world. moreover, the struggle against terrorism is not solely an american struggle. our friends and allies face many of the same threats. it is essential for america to work with its friends and allies in this campaign. _objective: partner with the international community to strengthen weak states and prevent the (re)emergence of terrorism_. weak states and failed ones are a source of international instability. often, these states may become a sanctuary for terrorism. therefore, we will ensure that efforts designed to identify and diminish conditions contributing to state weakness and failure are a central u.s. foreign policy goal. the principal objective of our collective response will be the rebuilding of a state that can look after its own people--their welfare, health, prosperity, and freedom--and control its borders. the united states is willing to assist the civilized world--governments, nongovernmental agencies, and public-private partnerships--in undertaking these efforts. we will continue to expand bilateral and multilateral efforts, such as the u.s.-middle east partnership initiative, to promote good governance, the rule of law, respect for human rights, and professionalization of local justice systems. in particular, we will broaden the scope and strength of international law enforcement academies, and combatant commands will address civil-military relations and humanitarian assistance in their theater security cooperation plans. additionally, the chiefs of mission will support and report on u.s. and local efforts to diminish underlying conditions of terrorism and encourage all nations to implement anti-corruption measures pursuant to multilateral, regional, or bilateral agreements. a state's stand on terrorism will be considered when providing aid to that country. _objective: win the war of ideas_. together with the international community, we will wage a war of ideas to make clear that all acts of terrorism are illegitimate, to ensure that the conditions and ideologies that promote terrorism do not find fertile ground in any nation, to diminish the underlying conditions that terrorists seek to exploit in areas most at risk, and to kindle the hopes and aspirations of freedom of those in societies ruled by the sponsors of global terrorism. we must use the full influence of the united states to delegitimize terrorism and make clear that all acts of terrorism will be viewed in the same light as slavery, piracy, or genocide: behavior that no respectable government can condone or support and all must oppose. in short, with our friends and allies, we aim to establish a new international norm regarding terrorism requiring non-support, non-tolerance, and active opposition to terrorists. the united states will seek to support moderate and modern governments, especially in the muslim world. we will continue assuring muslims that american values are not at odds with islam. indeed, the united states has come to the aid of many muslims in the past--in afghanistan, kuwait, bosnia, and kosovo, to name a few. the united states will work with such moderate and modern governments to reverse the spread of extremist ideology and those who seek to impose totalitarian ideologies on our muslim allies and friends. finding a solution to the israeli-palestinian conflict is a critical component to winning the war of ideas. no other issue has so colored the perception of the united states in the muslim world. the israeli-palestinian conflict is critical because of the toll of human suffering, because of america's close relationship with the state of israel and key arab states, and because of that region's importance to other global priorities of the united states. there can be no peace for either side without freedom for both sides. america stands committed to an independent and democratic palestine, living beside israel in peace and security. like all other people, palestinians deserve a government that serves their interests and listens to their voices. the united states will continue to encourage all parties to step up to their responsibilities as we seek a just and comprehensive settlement to the conflict. the united states can play a crucial role but, ultimately, lasting peace can only come when israelis and palestinians resolve the issues and end the conflict between them. we will also use effective, timely public diplomacy and government supported media to promote the free flow of information and ideas to kindle the hopes and aspiration for freedom of those in societies ruled by the sponsors of global terrorism. +_goal_: defend u.s. citizens and interests at home and abroad+ the final tenet of the d strategy encompasses our nation's collective efforts to defend the united states' sovereignty, territory, and its national interests, at home and abroad. this tenet includes the physical and cyber protection of the united states, its populace, property, and interests, as well as the protection of its democratic principles. we face an adaptive enemy. empowered by modern technology and emboldened by success, terrorists seek to dictate the timing of their actions while avoiding our strengths and exploiting our vulnerabilities. in an increasingly interconnected and technologically sophisticated world, where time and distance provide less and less protection, we must be prepared to defend our interests, as a nation and as citizens. embodied in this strategy is the old adage that the best defense is a good offense. by improving and coordinating our indications and threat warnings, we will be able to detect terrorist plans before they mature. through continuous law enforcement, intelligence community, and military pursuit of terrorist organizations, we will disrupt their ability to execute attacks both at home and abroad, and by expanding our physical and cyber protection and awareness, we will reduce the vulnerability of u.s. personnel, critical infrastructure, and other u.s. interests. our response to this complex mission requires a coordinated and focused effort from our entire society--the federal, state and local governments, the private sector, and the american people. this plan, in concert with the national strategy for homeland security, the national strategy to secure cyberspace, and the national strategy for the physical protection of critical infrastructures and key assets will help to prepare our nation for the work ahead. the attacks of september demonstrate that our adversaries will engage asymmetrically, within and across our borders. they will exploit global systems of commerce, transportation, communications, and other sectors to inflict fear, destruction, and death, to compromise our national security, and to diminish public confidence and weaken our will to fight. their attacks may be coordinated to counter our offensive activities abroad. because we are a free, open, and democratic society, we are, and will remain, vulnerable to these dangers. therefore, as we seek to engage globally, we must ensure a seamless web of defense across the spectrum of engagement to protect our citizens and interests both at home and abroad. _objective: implement the national strategy for homeland security_. the establishment of the new department of homeland security will help mobilize and organize our nation to secure the u.s. homeland from terrorist attacks. a key to this task will be the national strategy for homeland security. the recommendations of the national strategy for homeland security and the national strategy for combating terrorism compliment and reinforce each other. from enhancing the analytical capabilities of the fbi and recapitalizing the u.s. coast guard, to preventing terrorist use of wmd through better sensors and procedures and integrating information sharing across the federal government, the objectives in these national strategies are vital to our future success in the war on terrorism. _objective: attain domain awareness_. today's world is sharply defined by compression of both time and distance. key to defending our nation is the effective knowledge of all activities, events, and trends within any specified domain (air, land, sea, cyber) that could threaten the safety, security, or environment of the united states and its populace. this "domain awareness" enables identification of threats as early and as distant from our borders--including territories and overseas installations--as possible, to provide maximum time to determine the optimal course of action. domain awareness is dependent upon having access to detailed knowledge of our adversaries distilled through the fusion of intelligence, information, and data across all agencies. it means providing our operating forces--afloat, aloft, and ashore, foreign and domestic--with a single integrated operating matrix of relevant information within their specific domain of responsibility. domain awareness supports coordinated, integrated, and sustained engagement of the enemy across the full spectrum of u.s. instruments of power. the president has instructed the leaders of the fbi, central intelligence, homeland security, and the department of defense to develop a terrorist threat integration center, to merge and analyze all threat information in a single location. the center is being created because our government must have the very best information possible to make sure that the right people are in the right places to protect the american people. the national strategy for homeland security addresses information sharing and technology within the united states. the components of this information sharing apply equally well at home and abroad. those procedures and systems that facilitate interagency, intergovernmental, and private information sharing will be expanded to allow our overseas agencies to have access and input, as necessary. this initiative will include not only database alignment and the horizontal and vertical information flow; it will also optimize disclosure policy and establish a consistent reporting criteria across agencies and allies. additionally, implementation of both the domestic and international elements of the national strategy to secure cyberspace and the national strategy for the physical protection of critical infrastructures and key assets are designed to help ensure that all possible efforts are made to safeguard critical information networks whether located in the united states or abroad. _objective: enhance measures to ensure the integrity, reliability, and availability of critical physical and information-based infrastructures at home and abroad_. much of our strength as a nation is built upon expansive and efficient transportation, as well as logistic and information systems permitting unsurpassed participation in global commerce. infrastructures and systems that support our economy and national interests are fully integrated, often dependent upon those outside of our borders, and span the globe. during times of rapid, prolonged, and large-scale conflict, even our military forces must rely upon portions of the global infrastructure to support sustained operations abroad. protection of vital systems is a shared responsibility of the public and private sectors, working collectively with the owners, operators, and users of those systems. the integrity of critical infrastructures, permitting national security mobilization and global engagement during times of both peace and conflict, must be assured. in many cases u.s. enterprises overseas are linked or networked to domestic critical infrastructure, and a terrorist event overseas would have a cascading effect on domestic reliability. to reduce this possibility, the department of state will take the lead and, in conjunction with appropriate agencies, identify and prioritize critical infrastructure overseas and partner with industry to establish cost-effective best practices and standards to maximize security. where appropriate, we will coordinate with the host country to ensure its security and response network is adequate. sufficient defense is a balance between our need to accommodate the enhanced flow of "low risk, high volume" people and goods essential to our economic vitality, while at the same time focusing energy and resources on the criminal, hostile and fraudulent few. it places a premium on effective domain awareness activities, such as accurate identification of containerized goods before they depart for the united states. implementation of the u.s. smart borders initiatives with canada and mexico, as well as the third border initiative for the caribbean basin, address potential vulnerabilities in the many critical physical and information-based infrastructures shared with our two north american allies. moreover, the u.s. government's comprehensive border management strategy will greatly enhance the ability of the u.s. to screen, verify and process the entry of people and goods into the country. _objective: integrate measures to protect u.s. citizens abroad_. defense of our economic vitality must be matched by increased security of u.s. citizens abroad. the nature of the threat confronting our citizens has expanded. u.s. citizens living or traveling abroad may now be at greater risk as potential terrorist targets. protective measures must benefit facilities privately owned by u.s. interests as well as embassies and military installations abroad. similarly, u.s. travelers and citizens living abroad must be provided meaningful, up-to-date, and coordinated threat information. the department of state will work to enhance existing programs to inform u.s. citizens traveling or living abroad about the potential terrorist threats. as we continue to pursue terrorist organizations of global reach, there may be a rise in the number of hostages taken overseas. the new policy on u.s. citizens taken hostage abroad, which was promulgated by the department of state in february , ensures that each incident receives careful review at the federal level. the policy also calls for aggressive law enforcement efforts to apprehend, prosecute, and punish terrorists consistent with crisis resolution and force-protection efforts. all appropriate agencies should be prepared with adequate resources and authorities to assist in the rescue of u.s. citizens taken hostage abroad if the circumstances warrant. in an effort to ensure u.s. law enforcement interests are properly addressed between the embassy and the host country, the department of justice working with the department of state, will expand, where appropriate, its law enforcement presence abroad to further counterterrorism interdiction, investigation, and prosecution. additionally, in coordination with host governments, the u.s. government will enhance training of and assistance to host governments in building legal infrastructures to strengthen the rule of law. _objective: ensure an integrated incident management capability_. in the end, prevention of catastrophic terrorism is dependent upon interdiction of people and materials. however, solid plans, preparations, and immediate response remain key to mitigating acts of terrorism. unity of effort requires coordination not only at the apex of the federal government, but also at the operational/tactical level, where response and intervention actions may be taken by diverse authorities, acting independently or in coordination with each other. an effective, integrated response requires incident management planning, enhanced interoperability, and coordination, based on and supported by rapid and effective decision-making. in an effort to ensure rapid crisis response, the u.s. will coordinate with host governments and regional partners to develop plans for alerting, containing, and, if necessary, repelling an attack in progress while ensuring adequate resources are available to mitigate the damage. at the outset of a crisis, an interagency team capable of supporting the affected u.s. embassy with assessments and recommendations is essential. consequently, the department of state, the department of defense, and other relevant agencies shall ensure that adequate staffing, training, equipment, and transportation are available for the foreign emergency support team. all appropriate departments and agencies will review and, if necessary amend, their incident-management procedures for overseas terrorist incidents involving critical infrastructure and facilities of u.s. national security interest. conclusion political violence may be endemic to the human condition, but we cannot tolerate terrorists who seek to combine the powers of modern technology and wmd to threaten the very notion of civilized society. the war against terrorism, therefore, is not some sort of "clash of civilizations"; instead, it is a clash between civilization and those who would destroy it. given these stakes, we must persevere until the united states, together with its friends and allies, eliminates terrorism as a threat to our way of life. as our enemies exploit the benefits of our global environment to operate around the world, our approach must be global as well. when they run, we will follow. when they hide, we will find them. some battlefields will be known, others unknown. the campaign ahead will be long and arduous. in this different kind of war, we cannot expect an easy or definitive end to the conflict. this national strategy reflects the reality that success will only come through the sustained, steadfast, and systematic application of all the elements of national power--diplomatic, economic, information, financial, law enforcement, intelligence, and military--simultaneously across four fronts. we will _defeat_ terrorist organizations of global reach through relentless action. we will _deny_ terrorists the sponsorship, support, and sanctuary they need to survive. we will win the war of ideas and _diminish_ the underlying conditions that promote the despair and the destructive visions of political change that lead people to embrace, rather than shun, terrorism. and throughout, we will use all the means at our disposal to _defend_ against terrorist attacks on the united states, our citizens, and our interests around the world. we will also be resourceful. this strategy relies upon the ingenuity, innovation, and strength of the american people. we will rally others to this common cause. we will not only forge a diverse and powerful coalition to combat terrorism today, but work with our international partners to build lasting mechanisms for combating terrorism and for coordination and cooperation. working with states that are both willing and able to be full partners in the campaign, we will attack terrorist groups directly and indirectly, help the weak but willing states build their capabilities to fight terrorism, and persuade reluctant states to meet their obligations to the international community in this fight. we will use all our resources and resourcefulness to compel the unwilling states to cease support for terrorism. we will be resolute. others might flag in the face of the inevitable ebb and flow of the campaign against terrorism. but the american people will not. we understand that we cannot choose to disengage from the world, because in this globalized era, the world will engage us regardless. the choice is really about what kind of world we want to live in. in waging this war, therefore, we will be equally resolute in maintaining our commitment to our ultimate objective. the defeat of terror is a worthy and necessary goal in its own right. but ridding the world of terrorism is essential to a broader purpose. we strive to build an international order wheremore countries and peoples are integrated into a world consistent with the interests and values we share with our partners--values such as human dignity, rule of law, respect for individual liberties, open and free economies, and religious tolerance. we understand that a world in which these values are embraced as standards, not exceptions, will be the best antidote to the spread of terrorism. this is the world we must build today. <doc> [ house committee prints] [from the u.s. government printing office via gpo access] [docid: f: .wais] th congress committee nd session committee print print -c _______________________________________________________________________ compilation of the homeland security act of (updated with amendments made through p.l. - (october , )) __________ prepared for the use of the committee on homeland security of the house of representatives second session __________ [graphic not available in tiff format] __________ u.s. government printing office - washington : committee on homeland security bennie g. thompson, mississippi, chairman loretta sanchez, california, peter t. king, new york edward j. markey, massachusetts lamar smith, texas norman d. dicks, washington christopher shays, connecticut jane harman, california mark e. souder, indiana peter a. defazio, oregon tom davis, virginia nita m. lowey, new york daniel e. lungren, california eleanor holmes norton, district of mike rogers, alabama columbia david g. reichert, washington zoe lofgren, california michael t. mccaul, texas sheila jackson-lee, texas charles w. dent, pennsylvania donna m. christensen, u.s. virgin ginny brown-waite, florida islands gus m. bilirakis, florida bob etheridge, north carolina david davis, tennessee james r. langevin, rhode island paul c. broun, georgia henry cuellar, texas candice s. miller, michigan christopher p. carney, pennsylvania yvette d. clarke, new york al green, texas ed perlmutter, colorado bill pascrell, jr., colorado i. lanier avant, staff director rosaline cohen, chief counsel michael twinchek, chief clerk robert o'connor, minority staff director (ii) p r e f a c e this book is designed as a ready reference of the homeland security act of (public law - ), as amended through public law - . the information contained herein is current as of december . this document was prepared by the office of the legislative counsel. the committee is appreciative of their hard work and dedication. the committee would like to acknowledge the work of the staff of the office of the legislative counsel including: craig sterkx, pam griffiths, and tom meryweather. c o n t e n t s homeland security act of - amended through p.l. - title i-department of homeland security...................... title ii-information analysis and infrastructure protection.. subtitle a-information analysis and infrastructure protection; access to information...................... subtitle b-critical infrastructure information........... title iii-science and technology in support of homeland security................................................... title iv-directorate of border and transportation security... subtitle a-under secretary for border and transportation security............................................... subtitle b-united states customs service................. subtitle c-miscellaneous provisions...................... subtitle d-immigration enforcement functions............. subtitle e-citizenship and immigration services.......... subtitle f-general immigration provisions................ title v-national emergency management........................ title vi-treatment of charitable trusts for members of the armed forces of the united states and other governmental organizations.............................................. title vii-management......................................... title viii-coordination with non-federal entities; inspector general; united states secret servicel coast guard; general provisions................................................. subtitle a-coordination with non-federal entitites....... subtitle b-inspector general............................. subtitle c-united states secret service.................. subtitle d-acquisitions.................................. subtitle e-human resources management.................... subtitle f-federal emergency procurement flexibility..... subtitle g-support anti-terrorism by fostering effective technologies act of ............................... subtitle h-miscellaneous provisions...................... subtitle i-information sharing........................... subtitle j-secure handling of ammonium nitrate........... title ix-national homeland security council.................. title x-information security................................. title xi-department of justice divisions..................... subtitle a-executive office for immigration review....... subtitle b-transfer of the bureau of alcohol, tobacco and firearms to the department of justice.................. subtitle c-explosives.................................... title xii-airline war risk insurance legislation............. title xiii-federal workforce improvement..................... subtitle a-chief human cap[ital officers................. subtitle b-reforms relating to federal human capital management............................................. subtitle c-reforms relating to the senior executive service................................................ subtitle d-academic training............................. title xiv-arming pilots against terrorism.................... title xv-transition.......................................... subtitle a-reorganization plan........................... subtitle b-transitional provisions....................... title xvii-conformaing and technical amendments.............. title xviii-emergency communications......................... title xix-domestic nuclear detection office.................. title xx-homeland security grants............................ subtitle a-grants to states and high-risk urban areas.... subtitle b-grants administration......................... homeland security act of [as amended through p.l. - , enacted october , ] an act to establish the department of homeland security, and for other purposes. be it enacted by the senate and house of representatives of the united states of america in congress assembled, section . short title; table of contents. (a) [ u.s.c. ] short title.--this act may be cited as the ``homeland security act of ''. (b) table of contents.--the table of contents for this act is as follows: sec. . short title; table of contents. sec. . definitions. sec. . construction; severability. sec. . effective date. title i--department of homeland security sec. . executive department; mission. sec. . secretary; functions. sec. . other officers. title ii--information analysis and infrastructure protection subtitle a--information and analysis and infrastructure protection; access to information sec. . information and analysis and infrastructure protection. sec. . access to information. sec. . homeland security advisory system. sec. . homeland security information sharing. sec. . comprehensive information technology network architecture. sec. . coordination with information sharing environment. sec. . intelligence components. sec. . training for employees of intelligence components. sec. . intelligence training development for state and local government officials. sec. . information sharing incentives. sec. a. department of homeland security state, local, and regional information fusion center initiative. sec. b. homeland security information sharing fellows program. sec. c. rural policing institute. sec. d. interagency threat assessment and coordination group. sec. e. national asset database. subtitle b--critical infrastructure information sec. . short title. sec. . definitions. sec. . designation of critical infrastructure protection program. sec. . protection of voluntarily shared critical infrastructure information. sec. . no private right of action. subtitle c--information security sec. . procedures for sharing information. sec. . privacy officer. sec. . enhancement of non-federal cybersecurity. sec. . net guard. sec. . cyber security enhancement act of . subtitle d--office of science and technology sec. . establishment of office; director. sec. . mission of office; duties. sec. . definition of law enforcement technology. sec. . abolishment of office of science and technology of national institute of justice; transfer of functions. sec. . national law enforcement and corrections technology centers. sec. . coordination with other entities within department of justice. sec. . amendments relating to national institute of justice. title iii--science and technology in support of homeland security sec. . under secretary for science and technology. sec. . responsibilities and authorities of the under secretary for science and technology. sec. . functions transferred. sec. . conduct of certain public health-related activities. sec. . federally funded research and development centers. sec. . miscellaneous provisions. sec. . homeland security advanced research projects agency. sec. . conduct of research, development, demonstration, testing and evaluation. sec. . utilization of department of energy national laboratories and sites in support of homeland security activities. sec. . transfer of plum island animal disease center, department of agriculture. sec. . homeland security science and technology advisory committee. sec. . homeland security institute. sec. . technology clearinghouse to encourage and support innovative solutions to enhance homeland security. sec. . office for interoperability and compatibility. sec. . emergency communications interoperability research and development. sec. . national biosurveillance integration center. sec. . promoting antiterrorism through international cooperation program. title iv--directorate of border and transportation security subtitle a--under secretary for border and transportation security sec. . under secretary for border and transportation security. sec. . responsibilities. sec. . functions transferred. subtitle b--united states customs service sec. . establishment; commissioner of customs. sec. . retention of customs revenue functions by secretary of the treasury. sec. . preservation of customs funds. sec. . separate budget request for customs. sec. . definition. sec. . gao report to congress. sec. . allocation of resources by the secretary. sec. . reports to congress. sec. . customs user fees. subtitle c--miscellaneous provisions sec. . transfer of certain agricultural inspection functions of the department of agriculture. sec. . functions of administrator of general services. sec. . functions of transportation security administration. sec. . preservation of transportation security administration as a distinct entity. sec. . explosive detection systems. sec. . transportation security. sec. . coordination of information and information technology. sec. . visa issuance. sec. . information on visa denials required to be entered into electronic data system. sec. . office for domestic preparedness. sec. . office of cargo security policy. subtitle d--immigration enforcement functions sec. . transfer of functions to under secretary for border and transportation security. sec. . establishment of bureau of border security. sec. . professional responsibility and quality review. sec. . employee discipline. sec. . report on improving enforcement functions. sec. . sense of congress regarding construction of fencing near san diego, california. subtitle e--citizenship and immigration services sec. . establishment of bureau of citizenship and immigration services. sec. . citizenship and immigration services ombudsman. sec. . professional responsibility and quality review. sec. . employee discipline. sec. . effective date. sec. . transition. sec. . funding for citizenship and immigration services. sec. . backlog elimination. sec. . report on improving immigration services. sec. . report on responding to fluctuating needs. sec. . application of internet-based technologies. sec. . children's affairs. subtitle f--general immigration provisions sec. . abolishment of ins. sec. . voluntary separation incentive payments. sec. . authority to conduct a demonstration project relating to disciplinary action. sec. . sense of congress. sec. . director of shared services. sec. . separation of funding. sec. . reports and implementation plans. sec. . immigration functions. title v--national emergency management sec. . definitions. sec. . definition. sec. . federal emergency management agency. sec. . authorities and responsibilities. sec. . functions transferred. sec. . preserving the federal emergency management agency. sec. . regional offices. sec. . national advisory council. sec. . national integration center. sec. . credentialing and typing. sec. . the national infrastructure simulation and analysis center. sec. . evacuation plans and exercises. sec. . disability coordinator. sec. . department and agency officials. sec. . national operations center. sec. . chief medical officer. sec. . nuclear incident response. sec. . conduct of certain public health-related activities. sec. . use of national private sector networks in emergency response. sec. . use of commercially available technology, goods, and services. sec. . procurement of security countermeasures for strategic national stockpile. sec. . model standards and guidelines for critical infrastructure workers. sec. . guidance and recommendations. \ \ sec. . voluntary private sector preparedness accreditation and certification program. \ \ --------------------------------------------------------------------------- \ \ the placement of items relating to sections and in the table of contents in section (b) were added at the end of the items in title v in order to reflect the probable intent of congress. see amendment made by section (e) of public law - . --------------------------------------------------------------------------- title vi--treatment of charitable trusts for members of the armed forces of the united states and other governmental organizations sec. . treatment of charitable trusts for members of the armed forces of the united states and other governmental organizations. title vii--management sec. . under secretary for management. sec. . chief financial officer. sec. . chief information officer. sec. . chief human capital officer. sec. . establishment of officer for civil rights and civil liberties. sec. . consolidation and co-location of offices. sec. . quadrennial homeland security review. title viii--coordination with non-federal entities; inspector general; united states secret service; coast guard; general provisions subtitle a--coordination with non-federal entities sec. . office for state and local government coordination. subtitle b--inspector general sec. . authority of the secretary. sec. . law enforcement powers of inspector general agents. subtitle c--united states secret service sec. . functions transferred. subtitle d--acquisitions sec. . research and development projects. sec. . personal services. sec. . special streamlined acquisition authority. sec. . unsolicited proposals. sec. . prohibition on contracts with corporate expatriates. subtitle e--human resources management sec. . establishment of human resources management system. sec. . labor-management relations. sec. . use of counternarcotics enforcement activities in certain employee performance appraisals. sec. . homeland security rotation program. sec. . homeland security education program. subtitle f--federal emergency procurement flexibility sec. . definition. sec. . procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. sec. . increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations. sec. . increased micro-purchase threshold for certain procurements. sec. . application of certain commercial items authorities to certain procurements. sec. . use of streamlined procedures. sec. . review and report by comptroller general. sec. . identification of new entrants into the federal marketplace. subtitle g--support anti-terrorism by fostering effective technologies act of sec. . short title. sec. . administration. sec. . litigation management. sec. . risk management. sec. . definitions. subtitle h--miscellaneous provisions sec. . advisory committees. sec. . reorganization. sec. . use of appropriated funds. sec. . future year homeland security program. sec. . miscellaneous authorities. sec. . military activities. sec. . regulatory authority and preemption. sec. . counternarcotics officer. sec. . office of international affairs. sec. . prohibition of the terrorism information and prevention system. sec. . review of pay and benefit plans. sec. . office for national capital region coordination. sec. . requirement to comply with laws protecting equal employment opportunity and providing whistleblower protections. sec. . federal law enforcement training center. sec. . joint interagency task force. sec. . sense of congress reaffirming the continued importance and applicability of the posse comitatus act. sec. . coordination with the department of health and human services under the public health service act. sec. . preserving coast guard mission performance. sec. . homeland security funding analysis in president's budget. sec. . air transportation safety and system stabilization act. subtitle i--information sharing sec. . short title; findings; and sense of congress. sec. . facilitating homeland security information sharing procedures. sec. . report. sec. . authorization of appropriations. sec. . authority to share grand jury information. sec. . authority to share electronic, wire, and oral interception information. sec. . foreign intelligence information. sec. . information acquired from an electronic surveillance. sec. . information acquired from a physical search. subtitle j--secure handling of ammonium nitrate sec. a. definitions. sec. b. regulation of the sale and transfer of ammonium nitrate. sec. c. inspection and auditing of records. sec. d. administrative provisions. sec. e. theft reporting requirement. sec. f. prohibitions and penalty. sec. g. protection from civil liability. sec. h. preemption of other laws. sec. i. deadlines for regulations. sec. j. authorization of appropriations. title ix--national homeland security council sec. . national homeland security council. sec. . function. sec. . membership. sec. . other functions and activities. sec. . staff composition. sec. . relation to the national security council. title x--information security sec. . information security. sec. . management of information technology. sec. . national institute of standards and technology. sec. . information security and privacy advisory board. sec. . technical and conforming amendments. sec. . construction. title xi--department of justice divisions subtitle a--executive office for immigration review sec. . legal status of eoir. sec. . authorities of the attorney general. sec. . statutory construction. subtitle b--transfer of the bureau of alcohol, tobacco and firearms to the department of justice sec. . bureau of alcohol, tobacco, firearms, and explosives. sec. . technical and conforming amendments. sec. . powers of agents of the bureau of alcohol, tobacco, firearms, and explosives. sec. . explosives training and research facility. sec. . personnel management demonstration project. subtitle c--explosives sec. . short title. sec. . permits for purchasers of explosives. sec. . persons prohibited from receiving or possessing explosive materials. sec. . requirement to provide samples of explosive materials and ammonium nitrate. sec. . destruction of property of institutions receiving federal financial assistance. sec. . relief from disabilities. sec. . theft reporting requirement. sec. . authorization of appropriations. title xii--airline war risk insurance legislation sec. . air carrier liability for third party claims arising out of acts of terrorism. sec. . extension of insurance policies. sec. . correction of reference. sec. . report. title xiii--federal workforce improvement subtitle a--chief human capital officers sec. . short title. sec. . agency chief human capital officers. sec. . chief human capital officers council. sec. . strategic human capital management. sec. . effective date. subtitle b--reforms relating to federal human capital management sec. . inclusion of agency human capital strategic planning in performance plans and programs performance reports. sec. . reform of the competitive service hiring process. sec. . permanent extension, revision, and expansion of authorities for use of voluntary separation incentive pay and voluntary early retirement. sec. . student volunteer transit subsidy. subtitle c--reforms relating to the senior executive service sec. . repeal of recertification requirements of senior executives. sec. . adjustment of limitation on total annual compensation. subtitle d--academic training sec. . academic training. sec. . modifications to national security education program. title xiv--arming pilots against terrorism sec. . short title. sec. . federal flight deck officer program. sec. . crew training. sec. . commercial airline security study. sec. . authority to arm flight deck crew with less-than-lethal weapons. sec. . technical amendments. title xv--transition subtitle a--reorganization plan sec. . definitions. sec. . reorganization plan. sec. . review of congressional committee structures. subtitle b--transitional provisions sec. . transitional authorities. sec. . savings provisions. sec. . terminations. sec. . national identification system not authorized. sec. . continuity of inspector general oversight. sec. . incidental transfers. sec. . reference. title xvi--corrections to existing law relating to airline transportation security sec. . retention of security sensitive information authority at department of transportation. sec. . increase in civil penalties. sec. . allowing united states citizens and united states nationals as screeners. title xvii--conforming and technical amendments sec. . inspector general act of . sec. . executive schedule. sec. . united states secret service. sec. . coast guard. sec. . strategic national stockpile and smallpox vaccine development. sec. . transfer of certain security and law enforcement functions and authorities. sec. . transportation security regulations. sec. . national bio-weapons defense analysis center. sec. . collaboration with the secretary of homeland security. sec. . railroad safety to include railroad security. sec. . hazmat safety to include hazmat security. sec. . office of science and technology policy. sec. . national oceanographic partnership program. sec. . clarification of definition of manufacturer. sec. . clarification of definition of vaccine-related injury or death. sec. . clarification of definition of vaccine. sec. . effective date. title xviii--emergency communications sec. . office for emergency communications. sec. . national emergency communications plan. sec. . assessments and reports. sec. . coordination of federal emergency communications grant programs. sec. . regional emergency communications coordination. sec. . emergency communications preparedness center. sec. . urban and other high risk area communications capabilities. sec. . definition. sec. . interoperable emergency communications grant program. sec. . border interoperability demonstration project. title xix--domestic nuclear detection office sec. . domestic nuclear detection office. sec. . mission of office. sec. . hiring authority. sec. . testing authority. sec. . relationship to other department entities and federal agencies. sec. . contracting and grant making authorities. sec. . joint annual interagency review of global nuclear detection architecture. title xx--homeland security grants sec. . definitions. subtitle a--grants to states and high-risk urban areas sec. . homeland security grant programs. sec. . urban area security initiative. sec. . state homeland security grant program. sec. . grants to directly eligible tribes. sec. . terrorism prevention. sec. . prioritization. sec. . use of funds. subtitle b--grants administration sec. . administration and coordination. sec. . accountability. sec. . [ u.s.c. ] definitions. in this act, the following definitions apply: ( ) each of the terms ``american homeland'' and ``homeland'' means the united states. ( ) the term ``appropriate congressional committee'' means any committee of the house of representatives or the senate having legislative or oversight jurisdiction under the rules of the house of representatives or the senate, respectively, over the matter concerned. ( ) the term ``assets'' includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel). ( ) the term ``critical infrastructure'' has the meaning given that term in section (e) of public law - ( u.s.c. c(e)). ( ) the term ``department'' means the department of homeland security. ( ) the term ``emergency response providers'' includes federal, state, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities. ( ) the term ``executive agency'' means an executive agency and a military department, as defined, respectively, in sections and of title , united states code. ( ) the term ``functions'' includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities. ( ) the term ``intelligence component of the department'' means any element or entity of the department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section ( ) of the national security act of ( u.s.c. a( )), except-- (a) the united states secret service; and (b) the coast guard, when operating under the direct authority of the secretary of defense or secretary of the navy pursuant to section of title , united states code, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the commandant of the coast guard to command or control the coast guard as an armed force or the authority of the director of national intelligence with respect to the coast guard as an element of the intelligence community (as defined under section ( ) of the national security act of ( u.s.c. a( )). ( ) the term ``key resources'' means publicly or privately controlled resources essential to the minimal operations of the economy and government. ( ) the term ``local government'' means-- (a) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law), regional or interstate government entity, or agency or instrumentality of a local government; (b) an indian tribe or authorized tribal organization, or in alaska a native village or alaska regional native corporation; and (c) a rural community, unincorporated town or village, or other public entity. ( ) the term ``major disaster'' has the meaning given in section ( ) of the robert t. stafford disaster relief and emergency assistance act ( u.s.c. ). ( ) the term ``personnel'' means officers and employees. ( ) the term ``secretary'' means the secretary of homeland security. ( ) the term ``state'' means any state of the united states, the district of columbia, the commonwealth of puerto rico, the virgin islands, guam, american samoa, the commonwealth of the northern mariana islands, and any possession of the united states. ( ) the term ``terrorism'' means any activity that-- (a) involves an act that-- (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and (ii) is a violation of the criminal laws of the united states or of any state or other subdivision of the united states; and (b) appears to be intended-- (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping. ( )(a) the term ``united states'', when used in a geographic sense, means any state of the united states, the district of columbia, the commonwealth of puerto rico, the virgin islands, guam, american samoa, the commonwealth of the northern mariana islands, any possession of the united states, and any waters within the jurisdiction of the united states. (b) nothing in this paragraph or any other provision of this act shall be construed to modify the definition of ``united states'' for the purposes of the immigration and nationality act or any other immigration or nationality law. ( ) the term ``voluntary preparedness standards'' means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the american national standards institute's national fire protection association standard on disaster/emergency management and business continuity programs (ansi/nfpa ). sec. . [ u.s.c. ] construction; severability. any provision of this act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this act and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. sec. . [ u.s.c. note] effective date. this act shall take effect days after the date of enactment. title i--department of homeland security sec. . [ u.s.c. ] executive department; mission. (a) establishment.--there is established a department of homeland security, as an executive department of the united states within the meaning of title , united states code. (b) mission.-- ( ) in general.--the primary mission of the department is to-- (a) prevent terrorist attacks within the united states; (b) reduce the vulnerability of the united states to terrorism; (c) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the united states; (d) carry out all functions of entities transferred to the department, including by acting as a focal point regarding natural and manmade crises and emergency planning; (e) ensure that the functions of the agencies and subdivisions within the department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit act of congress; (f) ensure that the overall economic security of the united states is not diminished by efforts, activities, and programs aimed at securing the homeland; (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 (h) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking. ( ) responsibility for investigating and prosecuting terrorism.--except as specifically provided by law with respect to entities transferred to the department under this act, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the department, but rather in federal, state, and local law enforcement agencies with jurisdiction over the acts in question. sec. . [ u.s.c. ] secretary; functions. (a) secretary.-- ( ) in general.--there is a secretary of homeland security, appointed by the president, by and with the advice and consent of the senate. ( ) head of department.--the secretary is the head of the department and shall have direction, authority, and control over it. ( ) functions vested in secretary.--all functions of all officers, employees, and organizational units of the department are vested in the secretary. (b) functions.--the secretary-- ( ) except as otherwise provided by this act, may delegate any of the secretary's functions to any officer, employee, or organizational unit of the department; ( ) shall have the authority to make contracts, grants, and cooperative agreements, and to enter into agreements with other executive agencies, as may be necessary and proper to carry out the secretary's responsibilities under this act or otherwise provided by law; and ( ) shall take reasonable steps to ensure that information systems and databases of the department are compatible with each other and with appropriate databases of other departments. (c) coordination with non-federal entities.--with respect to homeland security, the secretary shall coordinate through the office of state and local coordination (established under section ) (including the provision of training and equipment) with state and local government personnel, agencies, and authorities, with the private sector, and with other entities, including by-- ( ) coordinating with state and local government personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities; ( ) coordinating and, as appropriate, consolidating, the federal government's communications and systems of communications relating to homeland security with state and local government personnel, agencies, and authorities, the private sector, other entities, and the public; and ( ) distributing or, as appropriate, coordinating the distribution of, warnings and information to state and local government personnel, agencies, and authorities and to the public. (d) meetings of national security council.--the secretary may, subject to the direction of the president, attend and participate in meetings of the national security council. (e) issuance of regulations.--the issuance of regulations by the secretary shall be governed by the provisions of chapter of title , united states code, except as specifically provided in this act, in laws granting regulatory authorities that are transferred by this act, and in laws enacted after the date of enactment of this act. (f) special assistant to the secretary.--the secretary shall appoint a special assistant to the secretary who shall be responsible for-- ( ) creating and fostering strategic communications with the private sector to enhance the primary mission of the department to protect the american homeland; ( ) advising the secretary on the impact of the department's policies, regulations, processes, and actions on the private sector; ( ) interfacing with other relevant federal agencies with homeland security missions to assess the impact of these agencies' actions on the private sector; ( ) creating and managing private sector advisory councils composed of representatives of industries and associations designated by the secretary to-- (a) advise the secretary on private sector products, applications, and solutions as they relate to homeland security challenges; (b) advise the secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations; and (c) advise the secretary on private sector preparedness issues, including effective methods for-- (i) promoting voluntary preparedness standards to the private sector; and (ii) assisting the private sector in adopting voluntary preparedness standards; ( ) working with federal laboratories, federally funded research and development centers, other federally funded organizations, academia, and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available technologies for homeland security missions; ( ) promoting existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; ( ) assisting in the development and promotion of private sector best practices to secure critical infrastructure; ( ) providing information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards; ( ) coordinating industry efforts, with respect to functions of the department of homeland security, to identify private sector resources and capabilities that could be effective in supplementing federal, state, and local government agency efforts to prevent or respond to a terrorist attack; ( ) coordinating with the directorate of border and transportation security and the assistant secretary for trade development of the department of commerce on issues related to the travel and tourism industries; and ( ) consulting with the office of state and local government coordination and preparedness on all matters of concern to the private sector, including the tourism industry. (g) standards policy.--all standards activities of the department shall be conducted in accordance with section (d) of the national technology transfer advancement act of ( u.s.c. note) and office of management and budget circular a- . sec. . [ u.s.c. ] other officers. (a) deputy secretary; under secretaries.--there are the following officers, appointed by the president, by and with the advice and consent of the senate: ( ) a deputy secretary of homeland security, who shall be the secretary's first assistant for purposes of subchapter iii of chapter of title , united states code. ( ) an under secretary for science and technology. ( ) an under secretary for border and transportation security. ( ) an administrator of the federal emergency management agency. ( ) a director of the bureau of citizenship and immigration services. ( ) an under secretary for management. ( ) a director of the office of counternarcotics enforcement. ( ) an under secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the department. ( ) not more than assistant secretaries. ( ) a general counsel, who shall be the chief legal officer of the department. (b) inspector general.--there shall be in the department an office of inspector general and an inspector general at the head of such office, as provided in the inspector general act of ( u.s.c. app.). (c) commandant of the coast guard.--to assist the secretary in the performance of the secretary's functions, there is a commandant of the coast guard, who shall be appointed as provided in section of title , united states code, and who shall report directly to the secretary. in addition to such duties as may be provided in this act and as assigned to the commandant by the secretary, the duties of the commandant shall include those required by section of title , united states code. (d) other officers.--to assist the secretary in the performance of the secretary's functions, there are the following officers, appointed by the president: ( ) a director of the secret service. ( ) a chief information officer. ( ) an officer for civil rights and civil liberties. ( ) a director for domestic nuclear detection. (f) performance of specific functions.--subject to the provisions of this act, every officer of the department shall perform the functions specified by law for the official's office or prescribed by the secretary. (e) chief financial officer.--there shall be in the department a chief financial officer, as provided in chapter of title , united states code. title ii--information analysis and infrastructure protection subtitle a--information and analysis and infrastructure protection; access to information sec. . [ u.s.c. ] information and analysis and infrastructure protection. (a) intelligence and analysis and infrastructure protection.--there shall be in the department an office of intelligence and analysis and an office of infrastructure protection. (b) under secretary for intelligence and analysis and assistant secretary for infrastructure protection.-- ( ) office of intelligence and analysis.--the office of intelligence and analysis shall be headed by an under secretary for intelligence and analysis, who shall be appointed by the president, by and with the advice and consent of the senate. ( ) chief intelligence officer.--the under secretary for intelligence and analysis shall serve as the chief intelligence officer of the department. ( ) office of infrastructure protection.--the office of infrastructure protection shall be headed by an assistant secretary for infrastructure protection, who shall be appointed by the president. (c) discharge of responsibilities.--the secretary shall ensure that the responsibilities of the department relating to information analysis and infrastructure protection, including those described in subsection (d), are carried out through the under secretary for intelligence and analysis or the assistant secretary for infrastructure protection, as appropriate. (d) responsibilities of secretary relating to intelligence and analysis and infrastructure protection.--the responsibilities of the secretary relating to intelligence and analysis and infrastructure protection shall be as follows: ( ) to access, receive, and analyze law enforcement information, intelligence information, and other information from agencies of the federal government, state and local government agencies (including law enforcement agencies), and private sector entities, and to integrate such information, in support of the mission responsibilities of the department and the functions of the national counterterrorism center established under section of the national security act of ( u.s.c. o), in order to-- (a) identify and assess the nature and scope of terrorist threats to the homeland; (b) detect and identify threats of terrorism against the united states; and (c) understand such threats in light of actual and potential vulnerabilities of the homeland. ( ) to carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the united states, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the united states (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such attacks). ( ) to integrate relevant information, analyses, and vulnerability assessments (whether such information, analyses, or assessments are provided or produced by the department or others) in order to identify priorities for protective and support measures by the department, other agencies of the federal government, state and local government agencies and authorities, the private sector, and other entities. ( ) to ensure, pursuant to section , the timely and efficient access by the department to all information necessary to discharge the responsibilities under this section, including obtaining such information from other agencies of the federal government. ( ) to develop a comprehensive national plan for securing the key resources and critical infrastructure of the united states, including power production, generation, and distribution systems, information technology and telecommunications systems (including satellites), electronic financial and property record storage and transmission systems, emergency preparedness communications systems, and the physical and technological assets that support such systems. ( ) to recommend measures necessary to protect the key resources and critical infrastructure of the united states in coordination with other agencies of the federal government and in cooperation with state and local government agencies and authorities, the private sector, and other entities. ( ) to review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information within the scope of the information sharing environment established under section of the intelligence reform and terrorism prevention act of ( u.s.c. ), including homeland security information, terrorism information, and weapons of mass destruction information, and any policies, guidelines, procedures, instructions, or standards established under that section. ( ) to disseminate, as appropriate, information analyzed by the department within the department, to other agencies of the federal government with responsibilities relating to homeland security, and to agencies of state and local governments and private sector entities with such responsibilities in order to assist in the deterrence, prevention, preemption of, or response to, terrorist attacks against the united states. ( ) to consult with the director of national intelligence and other appropriate intelligence, law enforcement, or other elements of the federal government to establish collection priorities and strategies for information, including law enforcement- related information, relating to threats of terrorism against the united states through such means as the representation of the department in discussions regarding requirements and priorities in the collection of such information. ( ) to consult with state and local governments and private sector entities to ensure appropriate exchanges of information, including law enforcement- related information, relating to threats of terrorism against the united states. ( ) to ensure that-- (a) any material received pursuant to this act is protected from unauthorized disclosure and handled and used only for the performance of official duties; and (b) any intelligence information under this act is shared, retained, and disseminated consistent with the authority of the director of national intelligence to protect intelligence sources and methods under the national security act of ( u.s.c. et seq.) and related procedures and, as appropriate, similar authorities of the attorney general concerning sensitive law enforcement information. ( ) to request additional information from other agencies of the federal government, state and local government agencies, and the private sector relating to threats of terrorism in the united states, or relating to other areas of responsibility assigned by the secretary, including the entry into cooperative agreements through the secretary to obtain such information. ( ) to establish and utilize, in conjunction with the chief information officer of the department, a secure communications and information technology infrastructure, including data-mining and other advanced analytical tools, in order to access, receive, and analyze data and information in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the department, as appropriate. ( ) to ensure, in conjunction with the chief information officer of the department, that any information databases and analytical tools developed or utilized by the department-- (a) are compatible with one another and with relevant information databases of other agencies of the federal government; and (b) treat information in such databases in a manner that complies with applicable federal law on privacy. ( ) to coordinate training and other support to the elements and personnel of the department, other agencies of the federal government, and state and local governments that provide information to the department, or are consumers of information provided by the department, in order to facilitate the identification and sharing of information revealed in their ordinary duties and the optimal utilization of information received from the department. ( ) to coordinate with elements of the intelligence community and with federal, state, and local law enforcement agencies, and the private sector, as appropriate. ( ) to provide intelligence and information analysis and support to other elements of the department. ( ) to coordinate and enhance integration among the intelligence components of the department, including through strategic oversight of the intelligence activities of such components. ( ) to establish the intelligence collection, processing, analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components of the department, consistent with any directions from the president and, as applicable, the director of national intelligence. ( ) to establish a structure and process to support the missions and goals of the intelligence components of the department. ( ) to ensure that, whenever possible, the department-- (a) produces and disseminates unclassified reports and analytic products based on open- source information; and (b) produces and disseminates such reports and analytic products contemporaneously with reports or analytic products concerning the same or similar information that the department produced and disseminated in a classified format. ( ) to establish within the office of intelligence and analysis an internal continuity of operations plan. ( ) based on intelligence priorities set by the president, and guidance from the secretary and, as appropriate, the director of national intelligence-- (a) to provide to the heads of each intelligence component of the department guidance for developing the budget pertaining to the activities of such component; and (b) to present to the secretary a recommendation for a consolidated budget for the intelligence components of the department, together with any comments from the heads of such components. ( ) to perform such other duties relating to such responsibilities as the secretary may provide. ( ) to prepare and submit to the committee on homeland security and governmental affairs of the senate and the committee on homeland security in the house of representatives, and to other appropriate congressional committees having jurisdiction over the critical infrastructure or key resources, for each sector identified in the national infrastructure protection plan, a report on the comprehensive assessments carried out by the secretary of the critical infrastructure and key resources of the united states, evaluating threat, vulnerability, and consequence, as required under this subsection. each such report-- (a) shall contain, if applicable, actions or countermeasures recommended or taken by the secretary or the head of another federal agency to address issues identified in the assessments; (b) shall be required for fiscal year and each subsequent fiscal year and shall be submitted not later than days after the last day of the fiscal year covered by the report; and (c) may be classified. (e) staff.-- ( ) in general.--the secretary shall provide the office of intelligence and analysis and the office of infrastructure protection with a staff of analysts having appropriate expertise and experience to assist such offices in discharging responsibilities under this section. ( ) private sector analysts.--analysts under this subsection may include analysts from the private sector. ( ) security clearances.--analysts under this subsection shall possess security clearances appropriate for their work under this section. (f) detail of personnel.-- ( ) in general.--in order to assist the office of intelligence and analysis and the office of infrastructure protection in discharging responsibilities under this section, personnel of the agencies referred to in paragraph ( ) may be detailed to the department for the performance of analytic functions and related duties. ( ) covered agencies.--the agencies referred to in this paragraph are as follows: (a) the department of state. (b) the central intelligence agency. (c) the federal bureau of investigation. (d) the national security agency. (e) the national imagery and mapping agency \ \. --------------------------------------------------------------------------- \ \ the reference to ``national imagery and mapping agency'' in subsection (f)( )(e) probably should be to ``national geospatial- intelligence agency''. section (b)( ) of public law - amends section (e)( ) by striking ``national imagery and mapping agency'' and inserting ``national geospatial-intelligence agency''. the amendment was not executed. --------------------------------------------------------------------------- (f) the defense intelligence agency. (g) any other agency of the federal government that the president considers appropriate. ( ) cooperative agreements.--the secretary and the head of the agency concerned may enter into cooperative agreements for the purpose of detailing personnel under this subsection. ( ) basis.--the detail of personnel under this subsection may be on a reimbursable or non-reimbursable basis. (g) functions transferred.--in accordance with title xv, there shall be transferred to the secretary, for assignment to the office of intelligence and analysis and the office of infrastructure protection under this section, the functions, personnel, assets, and liabilities of the following: ( ) the national infrastructure protection center of the federal bureau of investigation (other than the computer investigations and operations section), including the functions of the attorney general relating thereto. ( ) the national communications system of the department of defense, including the functions of the secretary of defense relating thereto. ( ) the critical infrastructure assurance office of the department of commerce, including the functions of the secretary of commerce relating thereto. ( ) the national infrastructure simulation and analysis center of the department of energy and the energy security and assurance program and activities of the department, including the functions of the secretary of energy relating thereto. ( ) the federal computer incident response center of the general services administration, including the functions of the administrator of general services relating thereto. * * * * * * * sec. . [ u.s.c. ] access to information. (a) in general.-- ( ) threat and vulnerability information.--except as otherwise directed by the president, the secretary shall have such access as the secretary considers necessary to all information, including reports, assessments, analyses, and unevaluated intelligence relating to threats of terrorism against the united states and to other areas of responsibility assigned by the secretary, and to all information concerning infrastructure or other vulnerabilities of the united states to terrorism, whether or not such information has been analyzed, that may be collected, possessed, or prepared by any agency of the federal government. ( ) other information.--the secretary shall also have access to other information relating to matters under the responsibility of the secretary that may be collected, possessed, or prepared by an agency of the federal government as the president may further provide. (b) manner of access.--except as otherwise directed by the president, with respect to information to which the secretary has access pursuant to this section-- ( ) the secretary may obtain such material upon request, and may enter into cooperative arrangements with other executive agencies to provide such material or provide department officials with access to it on a regular or routine basis, including requests or arrangements involving broad categories of material, access to electronic databases, or both; and ( ) regardless of whether the secretary has made any request or entered into any cooperative arrangement pursuant to paragraph ( ), all agencies of the federal government shall promptly provide to the secretary-- (a) all reports (including information reports containing intelligence which has not been fully evaluated), assessments, and analytical information relating to threats of terrorism against the united states and to other areas of responsibility assigned by the secretary; (b) all information concerning the vulnerability of the infrastructure of the united states, or other vulnerabilities of the united states, to terrorism, whether or not such information has been analyzed; (c) all other information relating to significant and credible threats of terrorism against the united states, whether or not such information has been analyzed; and (d) such other information or material as the president may direct. (c) treatment under certain laws.--the secretary shall be deemed to be a federal law enforcement, intelligence, protective, national defense, immigration, or national security official, and shall be provided with all information from law enforcement agencies that is required to be given to the director of central intelligence, under any provision of the following: ( ) the usa patriot act of (public law - ). ( ) section ( ) of title , united states code. ( ) rule (e)( )(c) of the federal rules of criminal procedure. (d) access to intelligence and other information.-- ( ) access by elements of federal government.-- nothing in this title shall preclude any element of the intelligence community (as that term is defined in section ( ) of the national security act of ( u.s.c. a( )), or any other element of the federal government with responsibility for analyzing terrorist threat information, from receiving any intelligence or other information relating to terrorism. ( ) sharing of information.--the secretary, in consultation with the director of central intelligence, shall work to ensure that intelligence or other information relating to terrorism to which the department has access is appropriately shared with the elements of the federal government referred to in paragraph ( ), as well as with state and local governments, as appropriate. sec. . [ u.s.c. ] homeland security advisory system. (a) requirement.--the secretary shall administer the homeland security advisory system in accordance with this section to provide advisories or warnings regarding the threat or risk that acts of terrorism will be committed on the homeland to federal, state, local, and tribal government authorities and to the people of the united states, as appropriate. the secretary shall exercise primary responsibility for providing such advisories or warnings. (b) required elements.--in administering the homeland security advisory system, the secretary shall-- ( ) establish criteria for the issuance and revocation of such advisories or warnings; ( ) develop a methodology, relying on the criteria established under paragraph ( ), for the issuance and revocation of such advisories or warnings; ( ) provide, in each such advisory or warning, specific information and advice regarding appropriate protective measures and countermeasures that may be taken in response to the threat or risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately; ( ) whenever possible, limit the scope of each such advisory or warning to a specific region, locality, or economic sector believed to be under threat or at risk; and ( ) not, in issuing any advisory or warning, use color designations as the exclusive means of specifying homeland security threat conditions that are the subject of the advisory or warning. sec. . [ u.s.c. a] homeland security information sharing. (a) information sharing.--consistent with section of the intelligence reform and terrorism prevention act of ( u.s.c. ), the secretary, acting through the under secretary for intelligence and analysis, shall integrate the information and standardize the format of the products of the intelligence components of the department containing homeland security information, terrorism information, weapons of mass destruction information, or national intelligence (as defined in section ( ) of the national security act of ( u.s.c. a( ))) except for any internal security protocols or personnel information of such intelligence components, or other administrative processes that are administered by any chief security officer of the department. (b) information sharing and knowledge management officers.--for each intelligence component of the department, the secretary shall designate an information sharing and knowledge management officer who shall report to the under secretary for intelligence and analysis regarding coordinating the different systems used in the department to gather and disseminate homeland security information or national intelligence (as defined in section ( ) of the national security act of ( u.s.c. a( ))). (c) state, local, and private-sector sources of information.-- ( ) establishment of business processes.--the secretary, acting through the under secretary for intelligence and analysis or the assistant secretary for infrastructure protection, as appropriate, shall-- (a) establish department-wide procedures for the review and analysis of information provided by state, local, and tribal governments and the private sector; (b) as appropriate, integrate such information into the information gathered by the department and other departments and agencies of the federal government; and (c) make available such information, as appropriate, within the department and to other departments and agencies of the federal government. ( ) feedback.--the secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of state, local, or tribal government or the private sector that provides such information to the department. (d) training and evaluation of employees.-- ( ) training.--the secretary, acting through the under secretary for intelligence and analysis or the assistant secretary for infrastructure protection, as appropriate, shall provide to employees of the department opportunities for training and education to develop an understanding of-- (a) the definitions of homeland security information and national intelligence (as defined in section ( ) of the national security act of ( u.s.c. a( ))); and (b) how information available to such employees as part of their duties-- (i) might qualify as homeland security information or national intelligence; and (ii) might be relevant to the office of intelligence and analysis and the intelligence components of the department. ( ) evaluations.--the under secretary for intelligence and analysis shall-- (a) on an ongoing basis, evaluate how employees of the office of intelligence and analysis and the intelligence components of the department are utilizing homeland security information or national intelligence, sharing information within the department, as described in this title, and participating in the information sharing environment established under section of the intelligence reform and terrorism prevention act of ( u.s.c. ); and (b) provide to the appropriate component heads regular reports regarding the evaluations under subparagraph (a). sec. . [ u.s.c. b] comprehensive information technology network architecture. (a) establishment.--the secretary, acting through the under secretary for intelligence and analysis, shall establish, consistent with the policies and procedures developed under section of the intelligence reform and terrorism prevention act of ( u.s.c. ), and consistent with the enterprise architecture of the department, a comprehensive information technology network architecture for the office of intelligence and analysis that connects the various databases and related information technology assets of the office of intelligence and analysis and the intelligence components of the department in order to promote internal information sharing among the intelligence and other personnel of the department. (b) comprehensive information technology network architecture defined.--the term ``comprehensive information technology network architecture'' means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the office of intelligence and analysis. sec. . [ u.s.c. c] coordination with information sharing environment. (a) guidance.--all activities to comply with sections , , and shall be-- ( ) consistent with any policies, guidelines, procedures, instructions, or standards established under section of the intelligence reform and terrorism prevention act of ( u.s.c. ); ( ) implemented in coordination with, as appropriate, the program manager for the information sharing environment established under that section; ( ) consistent with any applicable guidance issued by the director of national intelligence; and ( ) consistent with any applicable guidance issued by the secretary relating to the protection of law enforcement information or proprietary information. (b) consultation.--in carrying out the duties and responsibilities under this subtitle, the under secretary for intelligence and analysis shall take into account the views of the heads of the intelligence components of the department. sec. . [ u.s.c. d] intelligence components. subject to the direction and control of the secretary, and consistent with any applicable guidance issued by the director of national intelligence, the responsibilities of the head of each intelligence component of the department are as follows: ( ) to ensure that the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in section ( ) of the national security act of ( u.s.c. a( ))), are carried out effectively and efficiently in support of the intelligence mission of the department, as led by the under secretary for intelligence and analysis. ( ) to otherwise support and implement the intelligence mission of the department, as led by the under secretary for intelligence and analysis. ( ) to incorporate the input of the under secretary for intelligence and analysis with respect to performance appraisals, bonus or award recommendations, pay adjustments, and other forms of commendation. ( ) to coordinate with the under secretary for intelligence and analysis in developing policies and requirements for the recruitment and selection of intelligence officials of the intelligence component. ( ) to advise and coordinate with the under secretary for intelligence and analysis on any plan to reorganize or restructure the intelligence component that would, if implemented, result in realignments of intelligence functions. ( ) to ensure that employees of the intelligence component have knowledge of, and comply with, the programs and policies established by the under secretary for intelligence and analysis and other appropriate officials of the department and that such employees comply with all applicable laws and regulations. ( ) to perform such other activities relating to such responsibilities as the secretary may provide. sec. . [ u.s.c. e] training for employees of intelligence components. the secretary shall provide training and guidance for employees, officials, and senior executives of the intelligence components of the department to develop knowledge of laws, regulations, operations, policies, procedures, and programs that are related to the functions of the department relating to the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section ( ) of the national security act of ( u.s.c. a( ))). sec. . [ u.s.c. f] intelligence training development for state and local government officials. (a) curriculum.--the secretary, acting through the under secretary for intelligence and analysis, shall-- ( ) develop a curriculum for training state, local, and tribal government officials, including law enforcement officers, intelligence analysts, and other emergency response providers, in the intelligence cycle and federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and ( ) ensure that the curriculum includes executive level training for senior level state, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers. (b) training.--to the extent possible, the federal law enforcement training center and other existing federal entities with the capacity and expertise to train state, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. if such entities do not have the capacity, resources, or capabilities to conduct such training, the secretary may approve another entity to conduct such training. (c) consultation.--in carrying out the duties described in subsection (a), the under secretary for intelligence and analysis shall consult with the director of the federal law enforcement training center, the attorney general, the director of national intelligence, the administrator of the federal emergency management agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the federal government. sec. . [ u.s.c. g] information sharing incentives. (a) awards.--in making cash awards under chapter of title , united states code, the president or the head of an agency, in consultation with the program manager designated under section of the intelligence reform and terrorism prevention act of ( u.s.c. ), may consider the success of an employee in appropriately sharing information within the scope of the information sharing environment established under that section, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section ( ) of the national security act of ( u.s.c. a( )), in a manner consistent with any policies, guidelines, procedures, instructions, or standards established by the president or, as appropriate, the program manager of that environment for the implementation and management of that environment. (b) other incentives.--the head of each department or agency described in section (i) of the intelligence reform and terrorism prevention act of ( u.s.c. (i)), in consultation with the program manager designated under section of the intelligence reform and terrorism prevention act of ( u.s.c. ), shall adopt best practices regarding effective ways to educate and motivate officers and employees of the federal government to participate fully in the information sharing environment, including-- ( ) promotions and other nonmonetary awards; and ( ) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted. sec. a. [ u.s.c. h] department of homeland security state, local, and regional fusion center initiative. (a) establishment.--the secretary, in consultation with the program manager of the information sharing environment established under section of the intelligence reform and terrorism prevention act of ( u.s.c. ), the attorney general, the privacy officer of the department, the officer for civil rights and civil liberties of the department, and the privacy and civil liberties oversight board established under section of the intelligence reform and terrorism prevention act of ( u.s.c. note), shall establish a department of homeland security state, local, and regional fusion center initiative to establish partnerships with state, local, and regional fusion centers. (b) department support and coordination.--through the department of homeland security state, local, and regional fusion center initiative, and in coordination with the principal officials of participating state, local, or regional fusion centers and the officers designated as the homeland security advisors of the states, the secretary shall-- ( ) provide operational and intelligence advice and assistance to state, local, and regional fusion centers; ( ) support efforts to include state, local, and regional fusion centers into efforts to establish an information sharing environment; ( ) conduct tabletop and live training exercises to regularly assess the capability of individual and regional networks of state, local, and regional fusion centers to integrate the efforts of such networks with the efforts of the department; ( ) coordinate with other relevant federal entities engaged in homeland security-related activities; ( ) provide analytic and reporting advice and assistance to state, local, and regional fusion centers; ( ) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by state, local, and regional fusion centers, and to incorporate such information, as appropriate, into the department's own such information; ( ) provide management assistance to state, local, and regional fusion centers; ( ) serve as a point of contact to ensure the dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; ( ) facilitate close communication and coordination between state, local, and regional fusion centers and the department; ( ) provide state, local, and regional fusion centers with expertise on department resources and operations; ( ) provide training to state, local, and regional fusion centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the department; and ( ) carry out such other duties as the secretary determines are appropriate. (c) personnel assignment.-- ( ) in general.--the under secretary for intelligence and analysis shall, to the maximum extent practicable, assign officers and intelligence analysts from components of the department to participating state, local, and regional fusion centers. ( ) personnel sources.--officers and intelligence analysts assigned to participating fusion centers under this subsection may be assigned from the following department components, in coordination with the respective component head and in consultation with the principal officials of participating fusion centers: (a) office of intelligence and analysis. (b) office of infrastructure protection. (c) transportation security administration. (d) united states customs and border protection. (e) united states immigration and customs enforcement. (f) united states coast guard. (g) other components of the department, as determined by the secretary. ( ) qualifying criteria.-- (a) in general.--the secretary shall develop qualifying criteria for a fusion center to participate in the assigning of department officers or intelligence analysts under this section. (b) criteria.--any criteria developed under subparagraph (a) may include-- (i) whether the fusion center, through its mission and governance structure, focuses on a broad counterterrorism approach, and whether that broad approach is pervasive through all levels of the organization; (ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission; (iii) whether the fusion center has-- (i) access to relevant law enforcement, emergency response, private sector, open source, and national security data; and (ii) the ability to share and analytically utilize that data for lawful purposes; (iv) whether the fusion center is adequately funded by the state, local, or regional government to support its counterterrorism mission; and (v) the relevancy of the mission of the fusion center to the particular source component of department officers or intelligence analysts. ( ) prerequisite.-- (a) intelligence analysis, privacy, and civil liberties training.--before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo-- (i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with-- (i) standard training and education programs offered to department law enforcement and intelligence personnel; and (ii) the criminal intelligence systems operating policies under part of title , code of federal regulations (or any corresponding similar rule or regulation); (ii) appropriate privacy and civil liberties training that is developed, supported, or sponsored by the privacy officer appointed under section and the officer for civil rights and civil liberties of the department, in consultation with the privacy and civil liberties oversight board established under section of the intelligence reform and terrorism prevention act of ( u.s.c. note); and (iii) such other training prescribed by the under secretary for intelligence and analysis. (b) prior work experience in area.--in determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the under secretary for intelligence and analysis shall consider the familiarity of the officer or intelligence analyst with the state, locality, or region, as determined by such factors as whether the officer or intelligence analyst-- (i) has been previously assigned in the geographic area; or (ii) has previously worked with intelligence officials or law enforcement or other emergency response providers from that state, locality, or region. ( ) expedited security clearance processing.--the under secretary for intelligence and analysis-- (a) shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate security clearance to contribute effectively to the mission of the fusion center; and (b) may request that security clearance processing be expedited for each such officer or intelligence analyst and may use available funds for such purpose. ( ) further qualifications.--each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the under secretary for intelligence and analysis may prescribe. (d) responsibilities.--an officer or intelligence analyst assigned to a fusion center under this section shall-- ( ) assist law enforcement agencies and other emergency response providers of state, local, and tribal governments and fusion center personnel in using information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to develop a comprehensive and accurate threat picture; ( ) review homeland security-relevant information from law enforcement agencies and other emergency response providers of state, local, and tribal government; ( ) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the department; and ( ) assist in the dissemination of such products, as coordinated by the under secretary for intelligence and analysis, to law enforcement agencies and other emergency response providers of state, local, and tribal government, other fusion centers, and appropriate federal agencies. (e) border intelligence priority.-- ( ) in general.--the secretary shall make it a priority to assign officers and intelligence analysts under this section from united states customs and border protection, united states immigration and customs enforcement, and the coast guard to participating state, local, and regional fusion centers located in jurisdictions along land or maritime borders of the united states in order to enhance the integrity of and security at such borders by helping federal, state, local, and tribal law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security. ( ) border intelligence products.--when performing the responsibilities described in subsection (d), officers and intelligence analysts assigned to participating state, local, and regional fusion centers under this section shall have, as a primary responsibility, the creation of border intelligence products that-- (a) assist state, local, and tribal law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of mass destruction, and related contraband at land or maritime borders of the united states; (b) promote more consistent and timely sharing of border security-relevant information among jurisdictions along land or maritime borders of the united states; and (c) enhance the department's situational awareness of the threat of acts of terrorism at or involving the land or maritime borders of the united states. (f) database access.--in order to fulfill the objectives described under subsection (d), each officer or intelligence analyst assigned to a fusion center under this section shall have appropriate access to all relevant federal databases and information systems, consistent with any policies, guidelines, procedures, instructions, or standards established by the president or, as appropriate, the program manager of the information sharing environment for the implementation and management of that environment. (g) consumer feedback.-- ( ) in general.--the secretary shall create a voluntary mechanism for any state, local, or tribal law enforcement officer or other emergency response provider who is a consumer of the intelligence or other information products referred to in subsection (d) to provide feedback to the department on the quality and utility of such intelligence products. ( ) report.--not later than one year after the date of the enactment of the implementing recommendations of the / commission act of , and annually thereafter, the secretary shall submit to the committee on homeland security and governmental affairs of the senate and the committee on homeland security of the house of representatives a report that includes a description of the consumer feedback obtained under paragraph ( ) and, if applicable, how the department has adjusted its production of intelligence products in response to that consumer feedback. (h) rule of construction.-- ( ) in general.--the authorities granted under this section shall supplement the authorities granted under section (d) and nothing in this section shall be construed to abrogate the authorities granted under section (d). ( ) participation.--nothing in this section shall be construed to require a state, local, or regional government or entity to accept the assignment of officers or intelligence analysts of the department into the fusion center of that state, locality, or region. (i) guidelines.--the secretary, in consultation with the attorney general, shall establish guidelines for fusion centers created and operated by state and local governments, to include standards that any such fusion center shall-- ( ) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center; ( ) create a representative governance structure that includes law enforcement officers and other emergency response providers and, as appropriate, the private sector; ( ) create a collaborative environment for the sharing of intelligence and information among federal, state, local, and tribal government agencies (including law enforcement officers and other emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the president or, as appropriate, the program manager of the information sharing environment; ( ) leverage the databases, systems, and networks available from public and private sector entities, in accordance with all applicable laws, to maximize information sharing; ( ) develop, publish, and adhere to a privacy and civil liberties policy consistent with federal, state, and local law; ( ) provide, in coordination with the privacy officer of the department and the officer for civil rights and civil liberties of the department, appropriate privacy and civil liberties training for all state, local, tribal, and private sector representatives at the fusion center; ( ) ensure appropriate security measures are in place for the facility, data, and personnel; ( ) select and train personnel based on the needs, mission, goals, and functions of that fusion center; ( ) offer a variety of intelligence and information services and products to recipients of fusion center intelligence and information; and ( ) incorporate law enforcement officers, other emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process, consistent with the mission statement developed under paragraph ( ), either through full time representatives or liaison relationships with the fusion center to enable the receipt and sharing of information and intelligence. (j) definitions.--in this section-- ( ) the term ``fusion center'' means a collaborative effort of or more federal, state, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity; ( ) the term ``information sharing environment'' means the information sharing environment established under section of the intelligence reform and terrorism prevention act of ( u.s.c. ); ( ) the term ``intelligence analyst'' means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security; ( ) the term ``intelligence-led policing'' means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; and ( ) the term ``terrorism information'' has the meaning given that term in section of the intelligence reform and terrorism prevention act of ( u.s.c. ). (k) authorization of appropriations.--there is authorized to be appropriated $ , , for each of fiscal years through , to carry out this section, except for subsection (i), including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section. sec. b. [ u.s.c. i] homeland security information sharing fellows program. (a) establishment.-- ( ) in general.--the secretary, acting through the under secretary for intelligence and analysis, and in consultation with the chief human capital officer, shall establish a fellowship program in accordance with this section for the purpose of-- (a) detailing state, local, and tribal law enforcement officers and intelligence analysts to the department in accordance with subchapter vi of chapter of title , united states code, to participate in the work of the office of intelligence and analysis in order to become familiar with-- (i) the relevant missions and capabilities of the department and other federal agencies; and (ii) the role, programs, products, and personnel of the office of intelligence and analysis; and (b) promoting information sharing between the department and state, local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to-- (i) serve as a point of contact in the department to assist in the representation of state, local, and tribal information requirements; (ii) identify information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is of interest to state, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers; (iii) assist department analysts in preparing and disseminating products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to state, local, and tribal law enforcement officers and intelligence analysts and designed to prepare for and thwart acts of terrorism; and (iv) assist department analysts in preparing products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to state, local, and tribal emergency response providers and assist in the dissemination of such products through appropriate department channels. ( ) program name.--the program under this section shall be known as the ``homeland security information sharing fellows program''. (b) eligibility.-- ( ) in general.--in order to be eligible for selection as an information sharing fellow under the program under this section, an individual shall-- (a) have homeland security-related responsibilities; (b) be eligible for an appropriate security clearance; (c) possess a valid need for access to classified information, as determined by the under secretary for intelligence and analysis; (d) be an employee of an eligible entity; and (e) have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored by the privacy officer and the officer for civil rights and civil liberties, in consultation with the privacy and civil liberties oversight board established under section of the intelligence reform and terrorism prevention act of ( u.s.c. note). ( ) eligible entities.--in this subsection, the term ``eligible entity'' means-- (a) a state, local, or regional fusion center; (b) a state or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the secretary; (c) a state or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the secretary; (d) a tribal law enforcement or other authority; or (e) such other entity as the secretary determines is appropriate. (c) optional participation.--no state, local, or tribal law enforcement or other government entity shall be required to participate in the homeland security information sharing fellows program. (d) procedures for nomination and selection.-- ( ) in general.--the under secretary for intelligence and analysis shall establish procedures to provide for the nomination and selection of individuals to participate in the homeland security information sharing fellows program. ( ) limitations.--the under secretary for intelligence and analysis shall-- (a) select law enforcement officers and intelligence analysts representing a broad cross-section of state, local, and tribal agencies; and (b) ensure that the number of information sharing fellows selected does not impede the activities of the office of intelligence and analysis. sec. c. [ u.s.c. j] rural policing institute. (a) in general.--the secretary shall establish a rural policing institute, which shall be administered by the federal law enforcement training center, to target training to law enforcement agencies and other emergency response providers located in rural areas. the secretary, through the rural policing institute, shall-- ( ) evaluate the needs of law enforcement agencies and other emergency response providers in rural areas; ( ) develop expert training programs designed to address the needs of law enforcement agencies and other emergency response providers in rural areas as identified in the evaluation conducted under paragraph ( ), including training programs about intelligence-led policing and protections for privacy, civil rights, and civil liberties; ( ) provide the training programs developed under paragraph ( ) to law enforcement agencies and other emergency response providers in rural areas; and ( ) conduct outreach efforts to ensure that local and tribal governments in rural areas are aware of the training programs developed under paragraph ( ) so they can avail themselves of such programs. (b) curricula.--the training at the rural policing institute established under subsection (a) shall-- ( ) be configured in a manner so as not to duplicate or displace any law enforcement or emergency response program of the federal law enforcement training center or a local or tribal government entity in existence on the date of enactment of the implementing recommendations of the / commission act of ; and ( ) to the maximum extent practicable, be delivered in a cost-effective manner at facilities of the department, on closed military installations with adequate training facilities, or at facilities operated by the participants. (c) definition.--in this section, the term ``rural'' means an area that is not located in a metropolitan statistical area, as defined by the office of management and budget. (d) authorization of appropriations.--there are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)-- ( ) $ , , for fiscal year ; and ( ) $ , , for each of fiscal years through . sec. d. [ u.s.c. k] interagency threat assessment and coordination group. (a) in general.--to improve the sharing of information within the scope of the information sharing environment established under section of the intelligence reform and terrorism prevention act of ( u.s.c. ) with state, local, tribal, and private sector officials, the director of national intelligence, through the program manager for the information sharing environment, in coordination with the secretary, shall coordinate and oversee the creation of an interagency threat assessment and coordination group (referred to in this section as the ``itacg''). (b) composition of itacg.--the itacg shall consist of-- ( ) an itacg advisory council to set policy and develop processes for the integration, analysis, and dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and ( ) an itacg detail comprised of state, local, and tribal homeland security and law enforcement officers and intelligence analysts detailed to work in the national counterterrorism center with federal intelligence analysts for the purpose of integrating, analyzing, and assisting in the dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, through appropriate channels identified by the itacg advisory council. (c) responsibilities of program manager.--the program manager, in consultation with the information sharing council, shall-- ( ) monitor and assess the efficacy of the itacg; and ( ) not later than days after the date of the enactment of the implementing recommendations of the / commission act of , and at least annually thereafter, submit to the secretary, the attorney general, the director of national intelligence, the committee on homeland security and governmental affairs of the senate and the committee on homeland security of the house of representatives a report on the progress of the itacg. (d) responsibilities of secretary.--the secretary, or the secretary's designee, in coordination with the director of the national counterterrorism center and the itacg advisory council, shall-- ( ) create policies and standards for the creation of information products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are suitable for dissemination to state, local, and tribal governments and the private sector; ( ) evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to state, local, and tribal governments and the private sector; ( ) establish criteria and a methodology for indicating to state, local, and tribal governments and the private sector the reliability of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, disseminated to them; ( ) educate the intelligence community about the requirements of the state, local, and tribal homeland security, law enforcement, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; ( ) establish and maintain the itacg detail, which shall assign an appropriate number of state, local, and tribal homeland security and law enforcement officers and intelligence analysts to work in the national counterterrorism center who shall-- (a) educate and advise national counterterrorism center intelligence analysts about the requirements of the state, local, and tribal homeland security and law enforcement officers, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; (b) assist national counterterrorism center intelligence analysts in integrating, analyzing, and otherwise preparing versions of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information that are unclassified or classified at the lowest possible level and suitable for dissemination to state, local, and tribal homeland security and law enforcement agencies in order to help deter and prevent terrorist attacks; (c) implement, in coordination with national counterterrorism center intelligence analysts, the policies, processes, procedures, standards, and guidelines developed by the itacg advisory council; (d) assist in the dissemination of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to state, local, and tribal jurisdictions only through appropriate channels identified by the itacg advisory council; and (e) report directly to the senior intelligence official from the department under paragraph ( ); ( ) detail a senior intelligence official from the department of homeland security to the national counterterrorism center, who shall-- (a) manage the day-to-day operations of the itacg detail; (b) report directly to the director of the national counterterrorism center or the director's designee; and (c) in coordination with the director of the federal bureau of investigation, and subject to the approval of the director of the national counterterrorism center, select a deputy from the pool of available detailees from the federal bureau of investigation in the national counterterrorism center; and ( ) establish, within the itacg advisory council, a mechanism to select law enforcement officers and intelligence analysts for placement in the national counterterrorism center consistent with paragraph ( ), using criteria developed by the itacg advisory council that shall encourage participation from a broadly representative group of state, local, and tribal homeland security and law enforcement agencies. (e) membership.--the secretary, or the secretary's designee, shall serve as the chair of the itacg advisory council, which shall include-- ( ) representatives of-- (a) the department; (b) the federal bureau of investigation; (c) the national counterterrorism center; (d) the department of defense; (e) the department of energy; (f) the department of state; and (g) other federal entities as appropriate; ( ) the program manager of the information sharing environment, designated under section (f) of the intelligence reform and terrorism prevention act of ( u.s.c. (f)), or the program manager's designee; and ( ) executive level law enforcement and intelligence officials from state, local, and tribal governments. (f) criteria.--the secretary, in consultation with the director of national intelligence, the attorney general, and the program manager of the information sharing environment established under section of the intelligence reform and terrorism prevention act of ( u.s.c. ), shall-- ( ) establish procedures for selecting members of the itacg advisory council and for the proper handling and safeguarding of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by those members; and ( ) ensure that at least percent of the members of the itacg advisory council are from state, local, and tribal governments. (g) operations.-- ( ) in general.--beginning not later than days after the date of enactment of the implementing recommendations of the / commission act of , the itacg advisory council shall meet regularly, but not less than quarterly, at the facilities of the national counterterrorism center of the office of the director of national intelligence. ( ) management.--pursuant to section (f)(e) of the national security act of ( u.s.c. o(f)(e)), the director of the national counterterrorism center, acting through the senior intelligence official from the department of homeland security detailed pursuant to subsection (d)( ), shall ensure that-- (a) the products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, prepared by the national counterterrorism center and the itacg detail for distribution to state, local, and tribal homeland security and law enforcement agencies reflect the requirements of such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the itacg advisory council; (b) in consultation with the itacg advisory council and consistent with sections a(f)( )(b)(iii) and (f)(e) of the national security act of ( u.s.c. et seq.), all products described in subparagraph (a) are disseminated through existing channels of the department and the department of justice and other appropriate channels to state, local, and tribal government officials and other entities; (c) all detailees under subsection (d)( ) have appropriate access to all relevant information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, available at the national counterterrorism center in order to accomplish the objectives under that paragraph; (d) all detailees under subsection (d)( ) have the appropriate security clearances and are trained in the procedures for handling, processing, storing, and disseminating classified products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and (e) all detailees under subsection (d)( ) complete appropriate privacy and civil liberties training. (h) inapplicability of the federal advisory committee act.--the federal advisory committee act ( u.s.c. app.) shall not apply to the itacg or any subsidiary groups thereof. (i) authorization of appropriations.--there are authorized to be appropriated such sums as may be necessary for each of fiscal years through to carry out this section, including to obtain security clearances for the state, local, and tribal participants in the itacg. sec. e. [ u.s.c. l] national asset database. (a) establishment.-- ( ) national asset database.--the secretary shall establish and maintain a national database of each system or asset that-- (a) the secretary, in consultation with appropriate homeland security officials of the states, determines to be vital and the loss, interruption, incapacity, or destruction of which would have a negative or debilitating effect on the economic security, public health, or safety of the united states, any state, or any local government; or (b) the secretary determines is appropriate for inclusion in the database. ( ) prioritized critical infrastructure list.--in accordance with homeland security presidential directive- , as in effect on january , , the secretary shall establish and maintain a single classified prioritized list of systems and assets included in the database under paragraph ( ) that the secretary determines would, if destroyed or disrupted, cause national or regional catastrophic effects. (b) use of database.--the secretary shall use the database established under subsection (a)( ) in the development and implementation of department plans and programs as appropriate. (c) maintenance of database.-- ( ) in general.--the secretary shall maintain and annually update the database established under subsection (a)( ) and the list established under subsection (a)( ), including-- (a) establishing data collection guidelines and providing such guidelines to the appropriate homeland security official of each state; (b) regularly reviewing the guidelines established under subparagraph (a), including by consulting with the appropriate homeland security officials of states, to solicit feedback about the guidelines, as appropriate; (c) after providing the homeland security official of a state with the guidelines under subparagraph (a), allowing the official a reasonable amount of time to submit to the secretary any data submissions recommended by the official for inclusion in the database established under subsection (a)( ); (d) examining the contents and identifying any submissions made by such an official that are described incorrectly or that do not meet the guidelines established under subparagraph (a); and (e) providing to the appropriate homeland security official of each relevant state a list of submissions identified under subparagraph (d) for review and possible correction before the secretary finalizes the decision of which submissions will be included in the database established under subsection (a)( ). ( ) organization of information in database.--the secretary shall organize the contents of the database established under subsection (a)( ) and the list established under subsection (a)( ) as the secretary determines is appropriate. any organizational structure of such contents shall include the categorization of the contents-- (a) according to the sectors listed in national infrastructure protection plan developed pursuant to homeland security presidential directive- ; and (b) by the state and county of their location. ( ) private sector integration.--the secretary shall identify and evaluate methods, including the department's protected critical infrastructure information program, to acquire relevant private sector information for the purpose of using that information to generate any database or list, including the database established under subsection (a)( ) and the list established under subsection (a)( ). ( ) retention of classification.--the classification of information required to be provided to congress, the department, or any other department or agency under this section by a sector-specific agency, including the assignment of a level of classification of such information, shall be binding on congress, the department, and that other federal agency. (d) reports.-- ( ) report required.--not later than days after the date of the enactment of the implementing recommendations of the / commission act of , and annually thereafter, the secretary shall submit to the committee on homeland security and governmental affairs of the senate and the committee on homeland security of the house of representatives a report on the database established under subsection (a)( ) and the list established under subsection (a)( ). ( ) contents of report.--each such report shall include the following: (a) the name, location, and sector classification of each of the systems and assets on the list established under subsection (a)( ). (b) the name, location, and sector classification of each of the systems and assets on such list that are determined by the secretary to be most at risk to terrorism. (c) any significant challenges in compiling the list of the systems and assets included on such list or in the database established under subsection (a)( ). (d) any significant changes from the preceding report in the systems and assets included on such list or in such database. (e) if appropriate, the extent to which such database and such list have been used, individually or jointly, for allocating funds by the federal government to prevent, reduce, mitigate, or respond to acts of terrorism. (f) the amount of coordination between the department and the private sector, through any entity of the department that meets with representatives of private sector industries for purposes of such coordination, for the purpose of ensuring the accuracy of such database and such list. (g) any other information the secretary deems relevant. ( ) classified information.--the report shall be submitted in unclassified form but may contain a classified annex. (e) inspector general study.--by not later than two years after the date of enactment of the implementing recommendations of the / commission act of , the inspector general of the department shall conduct a study of the implementation of this section. (f) national infrastructure protection consortium.--the secretary may establish a consortium to be known as the ``national infrastructure protection consortium''. the consortium may advise the secretary on the best way to identify, generate, organize, and maintain any database or list of systems and assets established by the secretary, including the database established under subsection (a)( ) and the list established under subsection (a)( ). if the secretary establishes the national infrastructure protection consortium, the consortium may-- ( ) be composed of national laboratories, federal agencies, state and local homeland security organizations, academic institutions, or national centers of excellence that have demonstrated experience working with and identifying critical infrastructure and key resources; and ( ) provide input to the secretary on any request pertaining to the contents of such database or such list. subtitle b--critical infrastructure information sec. . [ u.s.c. note] short title. this subtitle may be cited as the ``critical infrastructure information act of ''. sec. . [ u.s.c. ] definitions. in this subtitle: ( ) agency.--the term ``agency'' has the meaning given it in section of title , united states code. ( ) covered federal agency.--the term ``covered federal agency'' means the department of homeland security. ( ) critical infrastructure information.--the term ``critical infrastructure information'' means information not customarily in the public domain and related to the security of critical infrastructure or protected systems-- (a) actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates federal, state, or local law, harms interstate commerce of the united states, or threatens public health or safety; (b) the ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk management planning, or risk audit; or (c) any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to such interference, compromise, or incapacitation. ( ) critical infrastructure protection program.-- the term ``critical infrastructure protection program'' means any component or bureau of a covered federal agency that has been designated by the president or any agency head to receive critical infrastructure information. ( ) information sharing and analysis organization.--the term ``information sharing and analysis organization'' means any formal or informal entity or collaboration created or employed by public or private sector organizations, for purposes of-- (a) gathering and analyzing critical infrastructure information in order to better understand security problems and interdependencies related to critical infrastructure and protected systems, so as to ensure the availability, integrity, and reliability thereof; (b) communicating or disclosing critical infrastructure information to help prevent, detect, mitigate, or recover from the effects of a interference, compromise, or a incapacitation problem related to critical infrastructure or protected systems; and (c) voluntarily disseminating critical infrastructure information to its members, state, local, and federal governments, or any other entities that may be of assistance in carrying out the purposes specified in subparagraphs (a) and (b). ( ) protected system.--the term ``protected system''-- (a) means any service, physical or computer-based system, process, or procedure that directly or indirectly affects the viability of a facility of critical infrastructure; and (b) includes any physical or computer-based system, including a computer, computer system, computer or communications network, or any component hardware or element thereof, software program, processing instructions, or information or data in transmission or storage therein, irrespective of the medium of transmission or storage. ( ) voluntary.-- (a) in general.--the term ``voluntary'', in the case of any submittal of critical infrastructure information to a covered federal agency, means the submittal thereof in the absence of such agency's exercise of legal authority to compel access to or submission of such information and may be accomplished by a single entity or an information sharing and analysis organization on behalf of itself or its members. (b) exclusions.--the term ``voluntary''-- (i) in the case of any action brought under the securities laws as is defined in section (a)( ) of the securities exchange act of ( u.s.c. c(a)( ))-- (i) does not include information or statements contained in any documents or materials filed with the securities and exchange commission, or with federal banking regulators, pursuant to section (i) of the securities exchange act of ( u.s.c. (i)); and (ii) with respect to the submittal of critical infrastructure information, does not include any disclosure or writing that when made accompanied the solicitation of an offer or a sale of securities; and (ii) does not include information or statements submitted or relied upon as a basis for making licensing or permitting determinations, or during regulatory proceedings. sec. . [ u.s.c. ] designation of critical infrastructure protection program. a critical infrastructure protection program may be designated as such by one of the following: ( ) the president. ( ) the secretary of homeland security. sec. . [ u.s.c. ] protection of voluntarily shared critical infrastructure information. (a) protection.-- ( ) in general.--notwithstanding any other provision of law, critical infrastructure information (including the identity of the submitting person or entity) that is voluntarily submitted to a covered federal agency for use by that agency regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purpose, when accompanied by an express statement specified in paragraph ( )-- (a) shall be exempt from disclosure under section of title , united states code (commonly referred to as the freedom of information act); (b) shall not be subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official; (c) shall not, without the written consent of the person or entity submitting such information, be used directly by such agency, any other federal, state, or local authority, or any third party, in any civil action arising under federal or state law if such information is submitted in good faith; (d) shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the united states for purposes other than the purposes of this subtitle, except-- (i) in furtherance of an investigation or the prosecution of a criminal act; or (ii) when disclosure of the information would be-- (i) to either house of congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint committee; or (ii) to the comptroller general, or any authorized representative of the comptroller general, in the course of the performance of the duties of the general accounting office. (e) shall not, if provided to a state or local government or government agency-- (i) be made available pursuant to any state or local law requiring disclosure of information or records; (ii) otherwise be disclosed or distributed to any party by said state or local government or government agency without the written consent of the person or entity submitting such information; or (iii) be used other than for the purpose of protecting critical infrastructure or protected systems, or in furtherance of an investigation or the prosecution of a criminal act; and (f) does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection. ( ) express statement.--for purposes of paragraph ( ), the term ``express statement'', with respect to information or records, means-- (a) in the case of written information or records, a written marking on the information or records substantially similar to the following: ``this information is voluntarily submitted to the federal government in expectation of protection from disclosure as provided by the provisions of the critical infrastructure information act of .''; or (b) in the case of oral information, a similar written statement submitted within a reasonable period following the oral communication. (b) limitation.--no communication of critical infrastructure information to a covered federal agency made pursuant to this subtitle shall be considered to be an action subject to the requirements of the federal advisory committee act ( u.s.c. app. ). (c) independently obtained information.--nothing in this section shall be construed to limit or otherwise affect the ability of a state, local, or federal government entity, agency, or authority, or any third party, under applicable law, to obtain critical infrastructure information in a manner not covered by subsection (a), including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law. (d) treatment of voluntary submittal of information.--the voluntary submittal to the government of information or records that are protected from disclosure by this subtitle shall not be construed to constitute compliance with any requirement to submit such information to a federal agency under any other provision of law. (e) procedures.-- ( ) in general.--the secretary of the department of homeland security shall, in consultation with appropriate representatives of the national security council and the office of science and technology policy, establish uniform procedures for the receipt, care, and storage by federal agencies of critical infrastructure information that is voluntarily submitted to the government. the procedures shall be established not later than days after the date of the enactment of this subtitle. ( ) elements.--the procedures established under paragraph ( ) shall include mechanisms regarding-- (a) the acknowledgement of receipt by federal agencies of critical infrastructure information that is voluntarily submitted to the government; (b) the maintenance of the identification of such information as voluntarily submitted to the government for purposes of and subject to the provisions of this subtitle; (c) the care and storage of such information; and (d) the protection and maintenance of the confidentiality of such information so as to permit the sharing of such information within the federal government and with state and local governments, and the issuance of notices and warnings related to the protection of critical infrastructure and protected systems, in such manner as to protect from public disclosure the identity of the submitting person or entity, or information that is proprietary, business sensitive, relates specifically to the submitting person or entity, and is otherwise not appropriately in the public domain. (f) penalties.--whoever, being an officer or employee of the united states or of any department or agency thereof, knowingly publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law, any critical infrastructure information protected from disclosure by this subtitle coming to him in the course of this employment or official duties or by reason of any examination or investigation made by, or return, report, or record made to or filed with, such department or agency or officer or employee thereof, shall be fined under title of the united states code, imprisoned not more than year, or both, and shall be removed from office or employment. (g) authority to issue warnings.--the federal government may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential threats to critical infrastructure as appropriate. in issuing a warning, the federal government shall take appropriate actions to protect from disclosure-- ( ) the source of any voluntarily submitted critical infrastructure information that forms the basis for the warning; or ( ) information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain. (h) authority to delegate.--the president may delegate authority to a critical infrastructure protection program, designated under section , to enter into a voluntary agreement to promote critical infrastructure security, including with any information sharing and analysis organization, or a plan of action as otherwise defined in section of the defense production act of ( u.s.c. app. ). sec. . [ u.s.c. ] no private right of action. nothing in this subtitle may be construed to create a private right of action for enforcement of any provision of this act. subtitle c--information security sec. . [ u.s.c. ] procedures for sharing information. the secretary shall establish procedures on the use of information shared under this title that-- ( ) limit the redissemination of such information to ensure that it is not used for an unauthorized purpose; ( ) ensure the security and confidentiality of such information; ( ) protect the constitutional and statutory rights of any individuals who are subjects of such information; and ( ) provide data integrity through the timely removal and destruction of obsolete or erroneous names and information. sec. . [ u.s.c. ] privacy officer. (a) appointment and responsibilities.--the secretary shall appoint a senior official in the department, who shall report directly to the secretary, to assume primary responsibility for privacy policy, including-- ( ) assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information; ( ) assuring that personal information contained in privacy act systems of records is handled in full compliance with fair information practices as set out in the privacy act of ; ( ) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the federal government; ( ) conducting a privacy impact assessment of proposed rules of the department or that of the department on the privacy of personal information, including the type of personal information collected and the number of people affected; ( ) coordinating with the officer for civil rights and civil liberties 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) congress receives appropriate reports on such programs, policies, and procedures; and ( ) preparing a report to congress on an annual basis on activities of the department that affect privacy, including complaints of privacy violations, implementation of the privacy act of , internal controls, and other matters. (b) authority to investigate.-- ( ) in general.--the senior official appointed under subsection (a) may-- (a) have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the department that relate to programs and operations with respect to the responsibilities of the senior official under this section; (b) make such investigations and reports relating to the administration of the programs and operations of the department as are, in the senior official's judgment, necessary or desirable; (c) subject to the approval of the secretary, require by subpoena the production, by any person other than a federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and (d) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section. ( ) enforcement of subpoenas.--any subpoena issued under paragraph ( )(c) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate united states district court. ( ) effect of oaths.--any oath, affirmation, or affidavit administered or taken under paragraph ( )(d) by or before an employee of the privacy office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office. (c) supervision and coordination.-- ( ) in general.--the senior official appointed under subsection (a) shall-- (a) report to, and be under the general supervision of, the secretary; and (b) coordinate activities with the inspector general of the department in order to avoid duplication of effort. ( ) coordination with the inspector general.-- (a) in general.--except as provided in subparagraph (b), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the department relevant to the purposes under this section. (b) coordination.-- (i) referral.--before initiating any investigation described under subparagraph (a), the senior official shall refer the matter and all related complaints, allegations, and information to the inspector general of the department. (ii) determinations and notifications by the inspector general.-- (i) in general.--not later than days after the receipt of a matter referred under clause (i), the inspector general shall-- (aa) make a determination regarding whether the inspector general intends to initiate an audit or investigation of the matter referred under clause (i); and (bb) notify the senior official of that determination. (ii) investigation not initiated.--if the inspector general notifies the senior official under subclause (i)(bb) that the inspector general intended to initiate an audit or investigation, but does not initiate that audit or investigation within days after providing that notification, the inspector general shall further notify the senior official that an audit or investigation was not initiated. the further notification under this subclause shall be made not later than days after the end of that -day period. (iii) investigation by senior official.--the senior official may investigate a matter referred under clause (i) if-- (i) the inspector general notifies the senior official under clause (ii)(i)(bb) that the inspector general does not intend to initiate an audit or investigation relating to that matter; or (ii) the inspector general provides a further notification under clause (ii)(ii) relating to that matter. (iv) privacy training.--any employee of the office of inspector general who audits or investigates any matter referred under clause (i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an entity approved by the inspector general in consultation with the senior official appointed under subsection (a). (d) notification to congress on removal.--if the secretary removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the department, the secretary shall-- ( ) promptly submit a written notification of the removal or transfer to houses of congress; and ( ) include in any such notification the reasons for the removal or transfer. (e) reports by senior official to congress.--the senior official appointed under subsection (a) shall-- ( ) submit reports directly to the congress regarding performance of the responsibilities of the senior official under this section, without any prior comment or amendment by the secretary, deputy secretary, or any other officer or employee of the department or the office of management and budget; and ( ) inform the committee on homeland security and governmental affairs of the senate and the committee on homeland security of the house of representatives not later than-- (a) days after the secretary disapproves the senior official's request for a subpoena under subsection (b)( )(c) or the secretary substantively modifies the requested subpoena; or (b) days after the senior official's request for a subpoena under subsection (b)( )(c), if that subpoena has not either been approved or disapproved by the secretary. sec. . [ u.s.c. ] enhancement of non-federal cybersecurity. in carrying out the responsibilities under section , the under secretary for intelligence and analysis, in cooperation with the assistant secretary for infrastructure protection shall-- ( ) as appropriate, provide to state and local government entities, and upon request to private entities that own or operate critical information systems-- (a) analysis and warnings related to threats to, and vulnerabilities of, critical information systems; and (b) in coordination with the under secretary for emergency preparedness and response, crisis management support in response to threats to, or attacks on, critical information systems; and ( ) as appropriate, provide technical assistance, upon request, to the private sector and other government entities, in coordination with the under secretary for emergency preparedness and response, with respect to emergency recovery plans to respond to major failures of critical information systems. sec. . [ u.s.c. ] net guard. the assistant secretary for infrastructure protection may establish a national technology guard, to be known as ``net guard'', comprised of local teams of volunteers with expertise in relevant areas of science and technology, to assist local communities to respond and recover from attacks on information systems and communications networks. sec. . [ u.s.c. ] cyber security enhancement act of . (a) short title.--this section may be cited as the ``cyber security enhancement act of ''. (b) amendment of sentencing guidelines relating to certain computer crimes.-- ( ) directive to the united states sentencing commission.--pursuant to its authority under section (p) of title , united states code, and in accordance with this subsection, the united states sentencing commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section of title , united states code. ( ) requirements.--in carrying out this subsection, the sentencing commission shall-- (a) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses described in paragraph ( ), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; (b) consider the following factors and the extent to which the guidelines may or may not account for them-- (i) the potential and actual loss resulting from the offense; (ii) the level of sophistication and planning involved in the offense; (iii) whether the offense was committed for purposes of commercial advantage or private financial benefit; (iv) whether the defendant acted with malicious intent to cause harm in committing the offense; (v) the extent to which the offense violated the privacy rights of individuals harmed; (vi) whether the offense involved a computer used by the government in furtherance of national defense, national security, or the administration of justice; (vii) whether the violation was intended to or had the effect of significantly interfering with or disrupting a critical infrastructure; and (viii) whether the violation was intended to or had the effect of creating a threat to public health or safety, or injury to any person; (c) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (d) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (e) make any necessary conforming changes to the sentencing guidelines; and (f) assure that the guidelines adequately meet the purposes of sentencing as set forth in section (a)( ) of title , united states code. (c) study and report on computer crimes.--not later than may , , the united states sentencing commission shall submit a brief report to congress that explains any actions taken by the sentencing commission in response to this section and includes any recommendations the commission may have regarding statutory penalties for offenses under section of title , united states code. (d) emergency disclosure exception.-- ( ) * * * * * * * * * * ( ) reporting of disclosures.--a government entity that receives a disclosure under section (b) of title , united states code, shall file, not later than days after such disclosure, a report to the attorney general stating the paragraph of that section under which the disclosure was made, the date of the disclosure, the entity to which the disclosure was made, the number of customers or subscribers to whom the information disclosed pertained, and the number of communications, if any, that were disclosed. the attorney general shall publish all such reports into a single report to be submitted to congress year after the date of enactment of this act. * * * * * * * subtitle d--office of science and technology sec. . [ u.s.c. ] establishment of office; director. (a) establishment.-- ( ) in general.--there is hereby established within the department of justice an office of science and technology (hereinafter in this title referred to as the ``office''). ( ) authority.--the office shall be under the general authority of the assistant attorney general, office of justice programs, and shall be established within the national institute of justice. (b) director.--the office shall be headed by a director, who shall be an individual appointed based on approval by the office of personnel management of the executive qualifications of the individual. sec. . [ u.s.c. ] mission of office; duties. (a) mission.--the mission of the office shall be-- ( ) to serve as the national focal point for work on law enforcement technology; and ( ) to carry out programs that, through the provision of equipment, training, and technical assistance, improve the safety and effectiveness of law enforcement technology and improve access to such technology by federal, state, and local law enforcement agencies. (b) duties.--in carrying out its mission, the office shall have the following duties: ( ) to provide recommendations and advice to the attorney general. ( ) to establish and maintain advisory groups (which shall be exempt from the provisions of the federal advisory committee act ( u.s.c. app.)) to assess the law enforcement technology needs of federal, state, and local law enforcement agencies. ( ) to establish and maintain performance standards in accordance with the national technology transfer and advancement act of (public law - ) for, and test and evaluate law enforcement technologies that may be used by, federal, state, and local law enforcement agencies. ( ) to establish and maintain a program to certify, validate, and mark or otherwise recognize law enforcement technology products that conform to standards established and maintained by the office in accordance with the national technology transfer and advancement act of (public law - ). the program may, at the discretion of the office, allow for supplier's declaration of conformity with such standards. ( ) to work with other entities within the department of justice, other federal agencies, and the executive office of the president to establish a coordinated federal approach on issues related to law enforcement technology. ( ) to carry out research, development, testing, evaluation, and cost-benefit analyses in fields that would improve the safety, effectiveness, and efficiency of law enforcement technologies used by federal, state, and local law enforcement agencies, including, but not limited to-- (a) weapons capable of preventing use by unauthorized persons, including personalized guns; (b) protective apparel; (c) bullet-resistant and explosion- resistant glass; (d) monitoring systems and alarm systems capable of providing precise location information; (e) wire and wireless interoperable communication technologies; (f) tools and techniques that facilitate investigative and forensic work, including computer forensics; (g) equipment for particular use in counterterrorism, including devices and technologies to disable terrorist devices; (h) guides to assist state and local law enforcement agencies; (i) dna identification technologies; and (j) tools and techniques that facilitate investigations of computer crime. ( ) to administer a program of research, development, testing, and demonstration to improve the interoperability of voice and data public safety communications. ( ) to serve on the technical support working group of the department of defense, and on other relevant interagency panels, as requested. ( ) to develop, and disseminate to state and local law enforcement agencies, technical assistance and training materials for law enforcement personnel, including prosecutors. ( ) to operate the regional national law enforcement and corrections technology centers and, to the extent necessary, establish additional centers through a competitive process. ( ) to administer a program of acquisition, research, development, and dissemination of advanced investigative analysis and forensic tools to assist state and local law enforcement agencies in combating cybercrime. ( ) to support research fellowships in support of its mission. ( ) to serve as a clearinghouse for information on law enforcement technologies. ( ) to represent the united states and state and local law enforcement agencies, as requested, in international activities concerning law enforcement technology. ( ) to enter into contracts and cooperative agreements and provide grants, which may require in- kind or cash matches from the recipient, as necessary to carry out its mission. ( ) to carry out other duties assigned by the attorney general to accomplish the mission of the office. (c) competition required.--except as otherwise expressly provided by law, all research and development carried out by or through the office shall be carried out on a competitive basis. (d) information from federal agencies.--federal agencies shall, upon request from the office and in accordance with federal law, provide the office with any data, reports, or other information requested, unless compliance with such request is otherwise prohibited by law. (e) publications.--decisions concerning publications issued by the office shall rest solely with the director of the office. (f) transfer of funds.--the office may transfer funds to other federal agencies or provide funding to non-federal entities through grants, cooperative agreements, or contracts to carry out its duties under this section: provided, that any such transfer or provision of funding shall be carried out in accordance with section of public law - . (g) annual report.--the director of the office shall include with the budget justification materials submitted to congress in support of the department of justice budget for each fiscal year (as submitted with the budget of the president under section (a) of title , united states code) a report on the activities of the office. each such report shall include the following: ( ) for the period of fiscal years beginning with the fiscal year for which the budget is submitted-- (a) the director's assessment of the needs of federal, state, and local law enforcement agencies for assistance with respect to law enforcement technology and other matters consistent with the mission of the office; and (b) a strategic plan for meeting such needs of such law enforcement agencies. ( ) for the fiscal year preceding the fiscal year for which such budget is submitted, a description of the activities carried out by the office and an evaluation of the extent to which those activities successfully meet the needs assessed under paragraph ( )(a) in previous reports. sec. . [ u.s.c. ] definition of law enforcement technology. for the purposes of this title, the term ``law enforcement technology'' includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process. sec. . [ u.s.c. ] abolishment of office of science and technology of national institute of justice; transfer of functions. (a) authority to transfer functions.--the attorney general may transfer to the office any other program or activity of the department of justice that the attorney general, in consultation with the committee on the judiciary of the senate and the committee on the judiciary of the house of representatives, determines to be consistent with the mission of the office. (b) transfer of personnel and assets.--with respect to any function, power, or duty, or any program or activity, that is established in the office, those employees and assets of the element of the department of justice from which the transfer is made that the attorney general determines are needed to perform that function, power, or duty, or for that program or activity, as the case may be, shall be transferred to the office: provided, that any such transfer shall be carried out in accordance with section of public law - . (c) report on implementation.--not later than year after the date of the enactment of this act, the attorney general shall submit to the committee on the judiciary of the senate and the committee on the judiciary of the house of representatives a report on the implementation of this title. the report shall-- ( ) provide an accounting of the amounts and sources of funding available to the office to carry out its mission under existing authorizations and appropriations, and set forth the future funding needs of the office; and ( ) include such other information and recommendations as the attorney general considers appropriate. sec. . [ u.s.c. ] national law enforcement and corrections technology centers. (a) in general.--the director of the office shall operate and support national law enforcement and corrections technology centers (hereinafter in this section referred to as ``centers'') and, to the extent necessary, establish new centers through a merit-based, competitive process. (b) purpose of centers.--the purpose of the centers shall be to-- ( ) support research and development of law enforcement technology; ( ) support the transfer and implementation of technology; ( ) assist in the development and dissemination of guidelines and technological standards; and ( ) provide technology assistance, information, and support for law enforcement, corrections, and criminal justice purposes. (c) annual meeting.--each year, the director shall convene a meeting of the centers in order to foster collaboration and communication between center participants. (d) report.--not later than months after the date of the enactment of this act, the director shall transmit to the congress a report assessing the effectiveness of the existing system of centers and identify the number of centers necessary to meet the technology needs of federal, state, and local law enforcement in the united states. * * * * * * * title iii--science and technology in support of homeland security sec. . [ u.s.c. ] under secretary for science and technology. there shall be in the department a directorate of science and technology headed by an under secretary for science and technology. sec. . [ u.s.c. ] responsibilities and authorities of the under secretary for science and technology. the secretary, acting through the under secretary for science and technology, shall have the responsibility for-- ( ) advising the secretary regarding research and development efforts and priorities in support of the department's missions; ( ) developing, in consultation with other appropriate executive agencies, a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the federal government's civilian efforts to identify and develop countermeasures to chemical, biological,, \ \ and other emerging terrorist threats, including the development of comprehensive, research-based definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the goals for such efforts; --------------------------------------------------------------------------- \ \ two commas so in law. see section (b)( )(a) of public law - ( stat. ). --------------------------------------------------------------------------- ( ) supporting the under secretary for intelligence and analysis and the assistant secretary for infrastructure protection, by assessing and testing homeland security vulnerabilities and possible threats; ( ) conducting basic and applied research, development, demonstration, testing, and evaluation activities that are relevant to any or all elements of the department, through both intramural and extramural programs, except that such responsibility does not extend to human health-related research and development activities; ( ) establishing priorities for, directing, funding, and conducting national research, development, test and evaluation, and procurement of technology and systems for-- (a) preventing the importation of chemical, biological,, \ \ and related weapons and material; and --------------------------------------------------------------------------- \ \ two commas so in law. see section (b)( )(b) of public law - ( stat. ). --------------------------------------------------------------------------- (b) detecting, preventing, protecting against, and responding to terrorist attacks; ( ) establishing a system for transferring homeland security developments or technologies to federal, state, local government, and private sector entities; ( ) entering into work agreements, joint sponsorships, contracts, or any other agreements with the department of energy regarding the use of the national laboratories or sites and support of the science and technology base at those facilities; ( ) collaborating with the secretary of agriculture and the attorney general as provided in section of the agricultural bioterrorism protection act of ( u.s.c. ), as amended by section (b); ( ) collaborating with the secretary of health and human services and the attorney general in determining any new biological agents and toxins that shall be listed as ``select agents'' in appendix a of part of title , code of federal regulations, pursuant to section a of the public health service act ( u.s.c. a); ( ) supporting united states leadership in science and technology; ( ) establishing and administering the primary research and development activities of the department, including the long-term research and development needs and capabilities for all elements of the department; ( ) coordinating and integrating all research, development, demonstration, testing, and evaluation activities of the department; ( ) coordinating with other appropriate executive agencies in developing and carrying out the science and technology agenda of the department to reduce duplication and identify unmet needs; and ( ) developing and overseeing the administration of guidelines for merit review of research and development projects throughout the department, and for the dissemination of research conducted or sponsored by the department. sec. . [ u.s.c. ] functions transferred. in accordance with title xv, there shall be transferred to the secretary the functions, personnel, assets, and liabilities of the following entities: ( ) the following programs and activities of the department of energy, including the functions of the secretary of energy relating thereto (but not including programs and activities relating to the strategic nuclear defense posture of the united states): (a) the chemical and biological national security and supporting programs and activities of the nonproliferation and verification research and development program. (b) the nuclear smuggling programs and activities within the proliferation detection program of the nonproliferation and verification research and development program. the programs and activities described in this subparagraph may be designated by the president either for transfer to the department or for joint operation by the secretary and the secretary of energy. (c) the nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program. (d) such life sciences activities of the biological and environmental research program related to microbial pathogens as may be designated by the president for transfer to the department. (e) the environmental measurements laboratory. (f) the advanced scientific computing research program and activities at lawrence livermore national laboratory. ( ) the national bio-weapons defense analysis center of the department of defense, including the functions of the secretary of defense related thereto. sec. . [ u.s.c. ] conduct of certain public health-related activities. (a) in general.--with respect to civilian human health- related research and development activities relating to countermeasures for chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the department of health and human services (including the public health service), the secretary of health and human services shall set priorities, goals, objectives, and policies and develop a coordinated strategy for such activities in collaboration with the secretary of homeland security to ensure consistency with the national policy and strategic plan developed pursuant to section ( ). (b) evaluation of progress.--in carrying out subsection (a), the secretary of health and human services shall collaborate with the secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection. * * * * * * * sec. . [ u.s.c. ] federally funded research and development centers. the secretary, acting through the under secretary for science and technology, shall have the authority to establish or contract with or more federally funded research and development centers to provide independent analysis of homeland security issues, or to carry out other responsibilities under this act, including coordinating and integrating both the extramural and intramural programs described in section . sec. . [ u.s.c. ] miscellaneous provisions. (a) classification.--to the greatest extent practicable, research conducted or supported by the department shall be unclassified. (b) construction.--nothing in this title shall be construed to preclude any under secretary of the department from carrying out research, development, demonstration, or deployment activities, as long as such activities are coordinated through the under secretary for science and technology. (c) regulations.--the secretary, acting through the under secretary for science and technology, may issue necessary regulations with respect to research, development, demonstration, testing, and evaluation activities of the department, including the conducting, funding, and reviewing of such activities. (d) notification of presidential life sciences designations.--not later than days before effecting any transfer of department of energy life sciences activities pursuant to section ( )(d) of this act, the president shall notify the appropriate congressional committees of the proposed transfer and shall include the reasons for the transfer and a description of the effect of the transfer on the activities of the department of energy. sec. . [ u.s.c. ] homeland security advanced research projects agency. (a) definitions.--in this section: ( ) fund.--the term ``fund'' means the acceleration fund for research and development of homeland security technologies established in subsection (c). ( ) homeland security research.--the term ``homeland security research'' means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism. ( ) hsarpa.--the term ``hsarpa'' means the homeland security advanced research projects agency established in subsection (b). ( ) under secretary.--the term ``under secretary'' means the under secretary for science and technology. (b) homeland security advanced research projects agency.-- ( ) establishment.--there is established the homeland security advanced research projects agency. ( ) director.--hsarpa shall be headed by a director, who shall be appointed by the secretary. the director shall report to the under secretary. ( ) responsibilities.--the director shall administer the fund to award competitive, merit- reviewed grants, cooperative agreements or contracts to public or private entities, including businesses, federally funded research and development centers, and universities. the director shall administer the fund to-- (a) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security; (b) advance the development, testing and evaluation, and deployment of critical homeland security technologies; and (c) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities. ( ) targeted competitions.--the director may solicit proposals to address specific vulnerabilities identified by the director. ( ) coordination.--the director shall ensure that the activities of hsarpa are coordinated with those of other relevant research agencies, and may run projects jointly with other agencies. ( ) personnel.--in hiring personnel for hsarpa, the secretary shall have the hiring and management authorities described in section of the strom thurmond national defense authorization act for fiscal year ( u.s.c. note; public law - ). the term of appointments for employees under subsection (c)( ) of that section may not exceed years before the granting of any extension under subsection (c)( ) of that section. ( ) demonstrations.--the director, periodically, shall hold homeland security technology demonstrations to improve contact among technology developers, vendors and acquisition personnel. (c) fund.-- ( ) establishment.--there is established the acceleration fund for research and development of homeland security technologies, which shall be administered by the director of hsarpa. ( ) authorization of appropriations.--there are authorized to be appropriated $ , , to the fund for fiscal year and such sums as may be necessary thereafter. ( ) coast guard.--of the funds authorized to be appropriated under paragraph ( ), not less than percent of such funds for each fiscal year through fiscal year shall be authorized only for the under secretary, through joint agreement with the commandant of the coast guard, to carry out research and development of improved ports, waterways and coastal security surveillance and perimeter protection capabilities for the purpose of minimizing the possibility that coast guard cutters, aircraft, helicopters, and personnel will be diverted from non- homeland security missions to the ports, waterways and coastal security mission. sec. . [ u.s.c. ] conduct of research, development, demonstration, testing and evaluation. (a) in general.--the secretary, acting through the under secretary for science and technology, shall carry out the responsibilities under section ( ) through both extramural and intramural programs. (b) extramural programs.-- ( ) in general.--the secretary, acting through the under secretary for science and technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to-- (a) ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the united states as practicable participate; (b) ensure that the research funded is of high quality, as determined through merit review processes developed under section ( ); and (c) distribute funds through grants, cooperative agreements, and contracts. ( ) university-based centers for homeland security.-- (a) designation.--the secretary, acting through the under secretary for science and technology, shall designate a university-based center or several university-based centers for homeland security. the purpose of the center or these centers shall be to establish a coordinated, university-based system to enhance the nation's homeland security. (b) criteria for designation.--criteria for the designation of colleges or universities as a center for homeland security, shall include, but are not limited to, demonstrated expertise in-- (i) the training of first responders. (ii) responding to incidents involving weapons of mass destruction and biological warfare. (iii) emergency and diagnostic medical services. (iv) chemical, biological, radiological, and nuclear countermeasures or detection. (v) animal and plant health and diagnostics. (vi) food safety. (vii) water and wastewater operations. (viii) port and waterway security. (ix) multi-modal transportation. (x) information security and information engineering. (xi) engineering. (xii) educational outreach and technical assistance. (xiii) border transportation and security. (xiv) the public policy implications and public dissemination of homeland security related research and development. (c) discretion of secretary.--to the extent that exercising such discretion is in the interest of homeland security, and with respect to the designation of any given university- based center for homeland security, the secretary may except certain criteria as specified in section (b)( )(b) and consider additional criteria beyond those specified in section (b)( )(b). upon designation of a university-based center for homeland security, the secretary shall that day publish in the federal register the criteria that were excepted or added in the selection process and the justification for the set of criteria that were used for that designation. (d) report to congress.--the secretary shall report annually, from the date of enactment, to congress concerning the implementation of this section. that report shall indicate which center or centers have been designated and how the designation or designations enhance homeland security, as well as report any decisions to revoke or modify such designations. (e) authorization of appropriations.--there are authorized to be appropriated such sums as may be necessary to carry out this paragraph. (c) intramural programs.-- ( ) consultation.--in carrying out the duties under section , the secretary, acting through the under secretary for science and technology, may draw upon the expertise of any laboratory of the federal government, whether operated by a contractor or the government. ( ) laboratories.--the secretary, acting through the under secretary for science and technology, may establish a headquarters laboratory for the department at any laboratory or site and may establish additional laboratory units at other laboratories or sites. ( ) criteria for headquarters laboratory.--if the secretary chooses to establish a headquarters laboratory pursuant to paragraph ( ), then the secretary shall do the following: (a) establish criteria for the selection of the headquarters laboratory in consultation with the national academy of sciences, appropriate federal agencies, and other experts. (b) publish the criteria in the federal register. (c) evaluate all appropriate laboratories or sites against the criteria. (d) select a laboratory or site on the basis of the criteria. (e) report to the appropriate congressional committees on which laboratory was selected, how the selected laboratory meets the published criteria, and what duties the headquarters laboratory shall perform. ( ) limitation on operation of laboratories.--no laboratory shall begin operating as the headquarters laboratory of the department until at least days after the transmittal of the report required by paragraph ( )(e). sec. . [ u.s.c. ] utilization of department of energy national laboratories and sites in support of homeland security activities. (a) authority to utilize national laboratories and sites.-- ( ) in general.--in carrying out the missions of the department, the secretary may utilize the department of energy national laboratories and sites through any or more of the following methods, as the secretary considers appropriate: (a) a joint sponsorship arrangement referred to in subsection (b). (b) a direct contract between the department and the applicable department of energy laboratory or site, subject to subsection (c). (c) any ``work for others'' basis made available by that laboratory or site. (d) any other method provided by law. ( ) acceptance and performance by labs and sites.-- notwithstanding any other law governing the administration, mission, use, or operations of any of the department of energy national laboratories and sites, such laboratories and sites are authorized to accept and perform work for the secretary, consistent with resources provided, and perform such work on an equal basis to other missions at the laboratory and not on a noninterference basis with other missions of such laboratory or site. (b) joint sponsorship arrangements.-- ( ) laboratories.--the department may be a joint sponsor, under a multiple agency sponsorship arrangement with the department of energy, of or more department of energy national laboratories in the performance of work. ( ) sites.--the department may be a joint sponsor of a department of energy site in the performance of work as if such site were a federally funded research and development center and the work were performed under a multiple agency sponsorship arrangement with the department. ( ) primary sponsor.--the department of energy shall be the primary sponsor under a multiple agency sponsorship arrangement referred to in paragraph ( ) or ( ). ( ) lead agent.--the secretary of energy shall act as the lead agent in coordinating the formation and performance of a joint sponsorship arrangement under this subsection between the department and a department of energy national laboratory or site. ( ) federal acquisition regulation.--any work performed by a department of energy national laboratory or site under a joint sponsorship arrangement under this subsection shall comply with the policy on the use of federally funded research and development centers under the federal acquisition regulations. ( ) funding.--the department shall provide funds for work at the department of energy national laboratories or sites, as the case may be, under a joint sponsorship arrangement under this subsection under the same terms and conditions as apply to the primary sponsor of such national laboratory under section (b)( )(c) of the federal property and administrative services act of ( u.s.c. (b)( )(c)) or of such site to the extent such section applies to such site as a federally funded research and development center by reason of this subsection. (c) separate contracting.--to the extent that programs or activities transferred by this act from the department of energy to the department of homeland security are being carried out through direct contracts with the operator of a national laboratory or site of the department of energy, the secretary of homeland security and the secretary of energy shall ensure that direct contracts for such programs and activities between the department of homeland security and such operator are separate from the direct contracts of the department of energy with such operator. (d) authority with respect to cooperative research and development agreements and licensing agreements.--in connection with any utilization of the department of energy national laboratories and sites under this section, the secretary may permit the director of any such national laboratory or site to enter into cooperative research and development agreements or to negotiate licensing agreements with any person, any agency or instrumentality, of the united states, any unit of state or local government, and any other entity under the authority granted by section of the stevenson-wydler technology innovation act of ( u.s.c. a). technology may be transferred to a non-federal party to such an agreement consistent with the provisions of sections and of that act ( u.s.c. , a). (e) reimbursement of costs.--in the case of an activity carried out by the operator of a department of energy national laboratory or site in connection with any utilization of such laboratory or site under this section, the department of homeland security shall reimburse the department of energy for costs of such activity through a method under which the secretary of energy waives any requirement for the department of homeland security to pay administrative charges or personnel costs of the department of energy or its contractors in excess of the amount that the secretary of energy pays for an activity carried out by such contractor and paid for by the department of energy. (f) laboratory directed research and development by the department of energy.--no funds authorized to be appropriated or otherwise made available to the department in any fiscal year may be obligated or expended for laboratory directed research and development activities carried out by the department of energy unless such activities support the missions of the department of homeland security. (g) office for national laboratories.--there is established within the directorate of science and technology an office for national laboratories, which shall be responsible for the coordination and utilization of the department of energy national laboratories and sites under this section in a manner to create a networked laboratory system for the purpose of supporting the missions of the department. (h) department of energy coordination on homeland security related research.--the secretary of energy shall ensure that any research, development, test, and evaluation activities conducted within the department of energy that are directly or indirectly related to homeland security are fully coordinated with the secretary to minimize duplication of effort and maximize the effective application of federal budget resources. sec. . [ u.s.c. ] transfer of plum island animal disease center, department of agriculture. (a) in general.--in accordance with title xv, the secretary of agriculture shall transfer to the secretary of homeland security the plum island animal disease center of the department of agriculture, including the assets and liabilities of the center. (b) continued department of agriculture access.--on completion of the transfer of the plum island animal disease center under subsection (a), the secretary of homeland security and the secretary of agriculture shall enter into an agreement to ensure that the department of agriculture is able to carry out research, diagnostic, and other activities of the department of agriculture at the center. (c) direction of activities.--the secretary of agriculture shall continue to direct the research, diagnostic, and other activities of the department of agriculture at the center described in subsection (b). (d) notification.-- ( ) in general.--at least days before any change in the biosafety level at the plum island animal disease center, the president shall notify congress of the change and describe the reasons for the change. ( ) limitation.--no change described in paragraph ( ) may be made earlier than days after the completion of the transition period (as defined in section ). sec. . [ u.s.c. ] homeland security science and technology advisory committee. (a) establishment.--there is established within the department a homeland security science and technology advisory committee (in this section referred to as the ``advisory committee''). the advisory committee shall make recommendations with respect to the activities of the under secretary for science and technology, including identifying research areas of potential importance to the security of the nation. (b) membership.-- ( ) appointment.--the advisory committee shall consist of members appointed by the under secretary for science and technology, which shall include emergency first-responders or representatives of organizations or associations of emergency first- responders. the advisory committee shall also include representatives of citizen groups, including economically disadvantaged communities. the individuals appointed as members of the advisory committee-- (a) shall be eminent in fields such as emergency response, research, engineering, new product development, business, and management consulting; (b) shall be selected solely on the basis of established records of distinguished service; (c) shall not be employees of the federal government; and (d) shall be so selected as to provide representation of a cross-section of the research, development, demonstration, and deployment activities supported by the under secretary for science and technology. ( ) national research council.--the under secretary for science and technology may enter into an arrangement for the national research council to select members of the advisory committee, but only if the panel used by the national research council reflects the representation described in paragraph ( ). (c) terms of office.-- ( ) in general.--except as otherwise provided in this subsection, the term of office of each member of the advisory committee shall be years. ( ) original appointments.--the original members of the advisory committee shall be appointed to three classes. one class of six shall have a term of year, one class of seven a term of years, and one class of seven a term of years. ( ) vacancies.--a member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term. (d) eligibility.--a person who has completed two consecutive full terms of service on the advisory committee shall thereafter be ineligible for appointment during the - year period following the expiration of the second such term. (e) meetings.--the advisory committee shall meet at least quarterly at the call of the chair or whenever one-third of the members so request in writing. each member shall be given appropriate notice of the call of each meeting, whenever possible not less than days before the meeting. (f) quorum.--a majority of the members of the advisory committee not having a conflict of interest in the matter being considered by the advisory committee shall constitute a quorum. (g) conflict of interest rules.--the advisory committee shall establish rules for determining when of its members has a conflict of interest in a matter being considered by the advisory committee. (h) reports.-- ( ) annual report.--the advisory committee shall render an annual report to the under secretary for science and technology for transmittal to congress on or before january of each year. such report shall describe the activities and recommendations of the advisory committee during the previous year. ( ) additional reports.--the advisory committee may render to the under secretary for transmittal to congress such additional reports on specific policy matters as it considers appropriate. (i) federal advisory committee act exemption.--section of the federal advisory committee act shall not apply to the advisory committee. (j) termination.--the department of homeland security science and technology advisory committee shall terminate on december , . sec. . [ u.s.c. ] homeland security institute. (a) establishment.--the secretary shall establish a federally funded research and development center to be known as the ``homeland security institute'' (in this section referred to as the ``institute''). (b) administration.--the institute shall be administered as a separate entity by the secretary. (c) duties.--the duties of the institute shall be determined by the secretary, and may include the following: ( ) systems analysis, risk analysis, and simulation and modeling to determine the vulnerabilities of the nation's critical infrastructures and the effectiveness of the systems deployed to reduce those vulnerabilities. ( ) economic and policy analysis to assess the distributed costs and benefits of alternative approaches to enhancing security. ( ) evaluation of the effectiveness of measures deployed to enhance the security of institutions, facilities, and infrastructure that may be terrorist targets. ( ) identification of instances when common standards and protocols could improve the interoperability and effective utilization of tools developed for field operators and first responders. ( ) assistance for federal agencies and departments in establishing testbeds to evaluate the effectiveness of technologies under development and to assess the appropriateness of such technologies for deployment. ( ) design of metrics and use of those metrics to evaluate the effectiveness of homeland security programs throughout the federal government, including all national laboratories. ( ) design of and support for the conduct of homeland security-related exercises and simulations. ( ) creation of strategic technology development plans to reduce vulnerabilities in the nation's critical infrastructure and key resources. (d) consultation on institute activities.--in carrying out the duties described in subsection (c), the institute shall consult widely with representatives from private industry, institutions of higher education, nonprofit institutions, other government agencies, and federally funded research and development centers. (e) use of centers.--the institute shall utilize the capabilities of the national infrastructure simulation and analysis center. (f) annual reports.--the institute shall transmit to the secretary and congress an annual report on the activities of the institute under this section. (g) termination.--the homeland security institute shall terminate years after its establishment. sec. . [ u.s.c. ] technology clearinghouse to encourage and support innovative solutions to enhance homeland security. (a) establishment of program.--the secretary, acting through the under secretary for science and technology, shall establish and promote a program to encourage technological innovation in facilitating the mission of the department (as described in section ). (b) elements of program.--the program described in subsection (a) shall include the following components: ( ) the establishment of a centralized federal clearinghouse for information relating to technologies that would further the mission of the department for dissemination, as appropriate, to federal, state, and local government and private sector entities for additional review, purchase, or use. ( ) the issuance of announcements seeking unique and innovative technologies to advance the mission of the department. ( ) the establishment of a technical assistance team to assist in screening, as appropriate, proposals submitted to the secretary (except as provided in subsection (c)( )) to assess the feasibility, scientific and technical merits, and estimated cost of such proposals, as appropriate. ( ) the provision of guidance, recommendations, and technical assistance, as appropriate, to assist federal, state, and local government and private sector efforts to evaluate and implement the use of technologies described in paragraph ( ) or ( ). ( ) the provision of information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would enhance homeland security, including information relating to federal funding, regulation, or acquisition. (c) miscellaneous provisions.-- ( ) in general.--nothing in this section shall be construed as authorizing the secretary or the technical assistance team established under subsection (b)( ) to set standards for technology to be used by the department, any other executive agency, any state or local government entity, or any private sector entity. ( ) certain proposals.--the technical assistance team established under subsection (b)( ) shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement. ( ) coordination.--in carrying out this section, the secretary shall coordinate with the technical support working group (organized under the april national security decision directive numbered ). sec. . office for interoperability and compatibility. (a) clarification of responsibilities.--the director of the office for interoperability and compatibility shall-- ( ) assist the secretary in developing and implementing the science and technology aspects of the program described in subparagraphs (d), (e), (f), and (g) of section (a)( ) of the intelligence reform and terrorism prevention act of ( u.s.c. (a)( )); ( ) in coordination with the federal communications commission, the national institute of standards and technology, and other federal departments and agencies with responsibility for standards, support the creation of national voluntary consensus standards for interoperable emergency communications; ( ) establish a comprehensive research, development, testing, and evaluation program for improving interoperable emergency communications; ( ) establish, in coordination with the director for emergency communications, requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the department, excluding any alert and warning device, technology, or system; ( ) carry out the department's responsibilities and authorities relating to research, development, testing, evaluation, or standards-related elements of the safecom program; ( ) evaluate and assess new technology in real- world environments to achieve interoperable emergency communications capabilities; ( ) encourage more efficient use of existing resources, including equipment, to achieve interoperable emergency communications capabilities; ( ) test public safety communications systems that are less prone to failure, support new nonvoice services, use spectrum more efficiently, and cost less than existing systems; ( ) coordinate with the private sector to develop solutions to improve emergency communications capabilities and achieve interoperable emergency communications capabilities; and ( ) conduct pilot projects, in coordination with the director for emergency communications, to test and demonstrate technologies, including data and video, that enhance-- (a) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; and (b) interoperable emergency communications capabilities. (b) coordination.--the director of the office for interoperability and compatibility shall coordinate with the director for emergency communications with respect to the safecom program. (c) sufficiency of resources.--the secretary shall provide the office for interoperability and compatibility the resources and staff necessary to carry out the responsibilities under this section. sec. . emergency communications interoperability research and development. (a) in general.--the under secretary for science and technology, acting through the director of the office for interoperability and compatibility, shall establish a comprehensive research and development program to support and promote-- ( ) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and ( ) interoperable emergency communications capabilities among emergency response providers and relevant government officials, including by-- (a) supporting research on a competitive basis, including through the directorate of science and technology and homeland security advanced research projects agency; and (b) considering the establishment of a center of excellence under the department of homeland security centers of excellence program focused on improving emergency response providers' communication capabilities. (b) purposes.--the purposes of the program established under subsection (a) include-- ( ) supporting research, development, testing, and evaluation on emergency communication capabilities; ( ) understanding the strengths and weaknesses of the public safety communications systems in use; ( ) examining how current and emerging technology can make emergency response providers more effective, and how federal, state, local, and tribal government agencies can use this technology in a coherent and cost-effective manner; ( ) investigating technologies that could lead to long-term advancements in emergency communications capabilities and supporting research on advanced technologies and potential systemic changes to dramatically improve emergency communications; and ( ) evaluating and validating advanced technology concepts, and facilitating the development and deployment of interoperable emergency communication capabilities. (c) definitions.--for purposes of this section, the term ``interoperable'', with respect to emergency communications, has the meaning given the term in section . sec. . [ u.s.c. b] national biosurveillance integration center. (a) establishment.--the secretary shall establish, operate, and maintain a national biosurveillance integration center (referred to in this section as the ``nbic''), which shall be headed by a directing officer, under an office or directorate of the department that is in existence as of the date of the enactment of this section. (b) primary mission.--the primary mission of the nbic is to-- ( ) enhance the capability of the federal government to-- (a) rapidly identify, characterize, localize, and track a biological event of national concern by integrating and analyzing data relating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and (b) disseminate alerts and other information to member agencies and, in coordination with (and where possible through) member agencies, to agencies of state, local, and tribal governments, as appropriate, to enhance the ability of such agencies to respond to a biological event of national concern; and ( ) oversee development and operation of the national biosurveillance integration system. (c) requirements.--the nbic shall detect, as early as possible, a biological event of national concern that presents a risk to the united states or the infrastructure or key assets of the united states, including by-- ( ) consolidating data from all relevant surveillance systems maintained by member agencies to detect biological events of national concern across human, animal, and plant species; ( ) seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps; ( ) using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national concern in as close to real-time as is practicable; ( ) providing the infrastructure for such integration, including information technology systems and space, and support for personnel from member agencies with sufficient expertise to enable analysis and interpretation of data; ( ) working with member agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the privacy officer of such efforts; and ( ) alerting member agencies and, in coordination with (and where possible through) member agencies, public health agencies of state, local, and tribal governments regarding any incident that could develop into a biological event of national concern. (d) responsibilities of the directing officer of the nbic.-- ( ) in general.--the directing officer of the nbic shall-- (a) on an ongoing basis, monitor the availability and appropriateness of surveillance systems used by the nbic and those systems that could enhance biological situational awareness or the overall performance of the nbic; (b) on an ongoing basis, review and seek to improve the statistical and other analytical methods used by the nbic; (c) receive and consider other relevant homeland security information, as appropriate; and (d) provide technical assistance, as appropriate, to all federal, regional, state, local, and tribal government entities and private sector entities that contribute data relevant to the operation of the nbic. ( ) assessments.--the directing officer of the nbic shall-- (a) on an ongoing basis, evaluate available data for evidence of a biological event of national concern; and (b) integrate homeland security information with nbic data to provide overall situational awareness and determine whether a biological event of national concern has occurred. ( ) information sharing.-- (a) in general.--the directing officer of the nbic shall-- (i) establish a method of real-time communication with the national operations center; (ii) in the event that a biological event of national concern is detected, notify the secretary and disseminate results of nbic assessments relating to that biological event of national concern to appropriate federal response entities and, in coordination with relevant member agencies, regional, state, local, and tribal governmental response entities in a timely manner; (iii) provide any report on nbic assessments to member agencies and, in coordination with relevant member agencies, any affected regional, state, local, or tribal government, and any private sector entity considered appropriate that may enhance the mission of such member agencies, governments, or entities or the ability of the nation to respond to biological events of national concern; and (iv) share nbic incident or situational awareness reports, and other relevant information, consistent with the information sharing environment established under section of the intelligence reform and terrorism prevention act of ( u.s.c. ) and any policies, guidelines, procedures, instructions, or standards established under that section. (b) consultation.--the directing officer of the nbic shall implement the activities described in subparagraph (a) consistent with the policies, guidelines, procedures, instructions, or standards established under section of the intelligence reform and terrorism prevention act of ( u.s.c. ) and in consultation with the director of national intelligence, the under secretary for intelligence and analysis, and other offices or agencies of the federal government, as appropriate. (e) responsibilities of the nbic member agencies.-- ( ) in general.--each member agency shall-- (a) use its best efforts to integrate biosurveillance information into the nbic, with the goal of promoting information sharing between federal, state, local, and tribal governments to detect biological events of national concern; (b) provide timely information to assist the nbic in maintaining biological situational awareness for accurate detection and response purposes; (c) enable the nbic to receive and use biosurveillance information from member agencies to carry out its requirements under subsection (c); (d) connect the biosurveillance data systems of that member agency to the nbic data system under mutually agreed protocols that are consistent with subsection (c)( ); (e) participate in the formation of strategy and policy for the operation of the nbic and its information sharing; (f) provide personnel to the nbic under an interagency personnel agreement and consider the qualifications of such personnel necessary to provide human, animal, and environmental data analysis and interpretation support to the nbic; and (g) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable. (f) administrative authorities.-- ( ) hiring of experts.--the directing officer of the nbic shall hire individuals with the necessary expertise to develop and operate the nbic. ( ) detail of personnel.--upon the request of the directing officer of the nbic, 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 department to assist the nbic in carrying out this section. (g) nbic interagency working group.--the directing officer of the nbic shall-- ( ) establish an interagency working group to facilitate interagency cooperation and to advise the directing officer of the nbic regarding recommendations to enhance the biosurveillance capabilities of the department; and ( ) invite member agencies to serve on that working group. (h) relationship to other departments and agencies.--the authority of the directing officer of the nbic under this section shall not affect any authority or responsibility of any other department or agency of the federal government with respect to biosurveillance activities under any program administered by that department or agency. (i) authorization of appropriations.--there are authorized to be appropriated such sums as are necessary to carry out this section. (j) definitions.--in this section: ( ) the terms ``biological agent'' and ``toxin'' have the meanings given those terms in section of title , united states code. ( ) the term ``biological event of national concern'' means-- (a) an act of terrorism involving a biological agent or toxin; or (b) a naturally occurring outbreak of an infectious disease that may result in a national epidemic. ( ) the term ``homeland security information'' has the meaning given that term in section . ( ) the term ``member agency'' means any federal department or agency that, at the discretion of the head of that department or agency, has entered a memorandum of understanding regarding participation in the nbic. ( ) the term ``privacy officer'' means the privacy officer appointed under section . sec. . [ u.s.c. c] promoting antiterrorism through international cooperation program. (a) definitions.--in this section: ( ) director.--the term ``director'' means the director selected under subsection (b)( ). ( ) international cooperative activity.--the term ``international cooperative activity'' includes-- (a) coordinated research projects, joint research projects, or joint ventures; (b) joint studies or technical demonstrations; (c) coordinated field exercises, scientific seminars, conferences, symposia, and workshops; (d) training of scientists and engineers; (e) visits and exchanges of scientists, engineers, or other appropriate personnel; (f) exchanges or sharing of scientific and technological information; and (g) joint use of laboratory facilities and equipment. (b) science and technology homeland security international cooperative programs office.-- ( ) establishment.--the under secretary shall establish the science and technology homeland security international cooperative programs office. ( ) director.--the office shall be headed by a director, who-- (a) shall be selected, in consultation with the assistant secretary for international affairs, by and shall report to the under secretary; and (b) may be an officer of the department serving in another position. ( ) responsibilities.-- (a) development of mechanisms.--the director shall be responsible for developing, in coordination with the department of state and, as appropriate, the department of defense, the department of energy, and other federal agencies, understandings and agreements to allow and to support international cooperative activity in support of homeland security. (b) priorities.--the director shall be responsible for developing, in coordination with the office of international affairs and other federal agencies, strategic priorities for international cooperative activity for the department in support of homeland security. (c) activities.--the director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (b) through mechanisms the under secretary considers appropriate, including grants, cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses (including small businesses and socially and economically disadvantaged small businesses (as those terms are defined in sections and of the small business act ( u.s.c. and ), respectively)), federally funded research and development centers, and universities. (d) identification of partners.--the director shall facilitate the matching of united states entities engaged in homeland security research with non-united states entities engaged in homeland security research so that they may partner in homeland security research activities. ( ) coordination.--the director shall ensure that the activities under this subsection are coordinated with the office of international affairs and the department of state and, as appropriate, the department of defense, the department of energy, and other relevant federal agencies or interagency bodies. the director may enter into joint activities with other federal agencies. (c) matching funding.-- ( ) in general.-- (a) equitability.--the director shall ensure that funding and resources expended in international cooperative activity will be equitably matched by the foreign partner government or other entity through direct funding, funding of complementary activities, or the provision of staff, facilities, material, or equipment. (b) grant matching and repayment.-- (i) in general.--the secretary may require a recipient of a grant under this section-- (i) to make a matching contribution of not more than percent of the total cost of the proposed project for which the grant is awarded; and (ii) to repay to the secretary the amount of the grant (or a portion thereof), interest on such amount at an appropriate rate, and such charges for administration of the grant as the secretary determines appropriate. (ii) maximum amount.--the secretary may not require that repayment under clause (i)(ii) be more than percent of the amount of the grant, adjusted for inflation on the basis of the consumer price index. ( ) foreign partners.--partners may include israel, the united kingdom, canada, australia, singapore, and other allies in the global war on terrorism as determined to be appropriate by the secretary of homeland security and the secretary of state. ( ) loans of equipment.--the director may make or accept loans of equipment for research and development and comparative testing purposes. (d) foreign reimbursements.--if the science and technology homeland security international cooperative programs office participates in an international cooperative activity with a foreign partner on a cost-sharing basis, any reimbursements or contributions received from that foreign partner to meet its share of the project may be credited to appropriate current appropriations accounts of the directorate of science and technology. (e) report to congress on international cooperative activities.--not later than one year after the date of enactment of this section, and every years thereafter, the under secretary, acting through the director, shall submit to congress a report containing-- ( ) a brief description of each grant, cooperative agreement, or contract made or entered into under subsection (b)( )(c), including the participants, goals, and amount and sources of funding; and ( ) a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding. (f) animal and zoonotic diseases.--as part of the international cooperative activities authorized in this section, the under secretary, in coordination with the chief medical officer, the department of state, and appropriate officials of the department of agriculture, the department of defense, and the department of health and human services, may enter into cooperative activities with foreign countries, including african nations, to strengthen american preparedness against foreign animal and zoonotic diseases overseas that could harm the nation's agricultural and public health sectors if they were to reach the united states. (g) construction; authorities of the secretary of state.-- nothing in this section shall be construed to alter or affect the following provisions of law: ( ) title v of the foreign relations authorization act, fiscal year ( u.s.c. a et seq.). ( ) section b(c) of title , united states code. ( ) section (e)( ) of the state department basic authorities act of ( u.s.c. a(e)( )). ( ) sections and of the arms export control act ( u.s.c. and u.s.c. ). ( ) section (c) of the foreign assistance act of ( u.s.c. (c)). (h) authorization of appropriations.--there are authorized to be appropriated to carry out this section such sums as are necessary. title iv--directorate of border and transportation security subtitle a--under secretary for border and transportation security sec. . [ u.s.c. ] under secretary for border and transportation security. there shall be in the department a directorate of border and transportation security headed by an under secretary for border and transportation security. sec. . [ u.s.c. ] responsibilities. the secretary, acting through the under secretary for border and transportation security, shall be responsible for the following: ( ) preventing the entry of terrorists and the instruments of terrorism into the united states. ( ) securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the united states, including managing and coordinating those functions transferred to the department at ports of entry. ( ) carrying out the immigration enforcement functions vested by statute in, or performed by, the commissioner of immigration and naturalization (or any officer, employee, or component of the immigration and naturalization service) immediately before the date on which the transfer of functions specified under section takes effect. ( ) establishing and administering rules, in accordance with section , governing the granting of visas or other forms of permission, including parole, to enter the united states to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the united states. ( ) establishing national immigration enforcement policies and priorities. ( ) except as provided in subtitle c, administering the customs laws of the united states. ( ) conducting the inspection and related administrative functions of the department of agriculture transferred to the secretary of homeland security under section . ( ) in carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce. sec. . [ u.s.c. ] functions transferred. in accordance with title xv (relating to transition provisions), there shall be transferred to the secretary the functions, personnel, assets, and liabilities of-- ( ) the united states customs service of the department of the treasury, including the functions of the secretary of the treasury relating thereto; ( ) the transportation security administration of the department of transportation, including the functions of the secretary of transportation, and of the under secretary of transportation for security, relating thereto; ( ) the federal protective service of the general services administration, including the functions of the administrator of general services relating thereto; ( ) the federal law enforcement training center of the department of the treasury; and ( ) the office for domestic preparedness of the office of justice programs, including the functions of the attorney general relating thereto. subtitle b--united states customs service sec. . [ u.s.c. ] establishment; commissioner of customs. (a) establishment.--there is established in the department the united states customs service, under the authority of the under secretary for border and transportation security, which shall be vested with those functions including, but not limited to those set forth in section ( ), and the personnel, assets, and liabilities attributable to those functions. (b) commissioner of customs.-- ( ) in general.--there shall be at the head of the customs service a commissioner of customs, who shall be appointed by the president, by and with the advice and consent of the senate. * * * * * * * ( ) continuation in office.--the individual serving as the commissioner of customs on the day before the effective date of this act may serve as the commissioner of customs on and after such effective date until a commissioner of customs is appointed under paragraph ( ). sec. . [ u.s.c. ] retention of customs revenue functions by secretary of the treasury. (a) retention of customs revenue functions by secretary of the treasury.-- ( ) retention of authority.--notwithstanding section (a)( ), authority related to customs revenue functions that was vested in the secretary of the treasury by law before the effective date of this act under those provisions of law set forth in paragraph ( ) shall not be transferred to the secretary by reason of this act, and on and after the effective date of this act, the secretary of the treasury may delegate any such authority to the secretary at the discretion of the secretary of the treasury. the secretary of the treasury shall consult with the secretary regarding the exercise of any such authority not delegated to the secretary. ( ) statutes.--the provisions of law referred to in paragraph ( ) are the following: the tariff act of ; section of the revised statutes of the united states ( u.s.c. ); section of the act of march , ( u.s.c. ); section of the consolidated omnibus budget reconciliation act of ( u.s.c. c); section of the revised statutes of the united states ( u.s.c. ); section of the act of june , ( u.s.c. ); the foreign trade zones act ( u.s.c. a et seq.); section of the act of march , ( u.s.c. ); the trade act of ; the trade agreements act of ; the north american free trade area implementation act; the uruguay round agreements act; the caribbean basin economic recovery act; the andean trade preference act; the african growth and opportunity act; and any other provision of law vesting customs revenue functions in the secretary of the treasury. (b) maintenance of customs revenue functions.-- ( ) maintenance of functions.--notwithstanding any other provision of this act, the secretary may not consolidate, discontinue, or diminish those functions described in paragraph ( ) performed by the united states customs service (as established under section ) on or after the effective date of this act, reduce the staffing level, or reduce the resources attributable to such functions, and the secretary shall ensure that an appropriate management structure is implemented to carry out such functions. ( ) functions.--the functions referred to in paragraph ( ) are those functions performed by the following personnel, and associated support staff, of the united states customs service on the day before the effective date of this act: import specialists, entry specialists, drawback specialists, national import specialist, fines and penalties specialists, attorneys of the office of regulations and rulings, customs auditors, international trade specialists, financial systems specialists. (c) new personnel.--the secretary of the treasury is authorized to appoint up to new personnel to work with personnel of the department in performing customs revenue functions. sec. . [ u.s.c. ] preservation of customs funds. notwithstanding any other provision of this act, no funds available to the united states customs service or collected under paragraphs ( ) through ( ) of section (a) of the consolidated omnibus budget reconciliation act of may be transferred for use by any other agency or office in the department. sec. . [ u.s.c. ] separate budget request for customs. the president shall include in each budget transmitted to congress under section of title , united states code, a separate budget request for the united states customs service. sec. . [ u.s.c. ] definition. in this subtitle, the term ``customs revenue function'' means the following: ( ) assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under safeguard provisions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for purposes of such assessment. ( ) processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties. ( ) detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the united states. ( ) enforcing section of the tariff act of and provisions relating to import quotas and the marking of imported merchandise, and providing customs recordations for copyrights, patents, and trademarks. ( ) collecting accurate import data for compilation of international trade statistics. ( ) enforcing reciprocal trade agreements. ( ) functions performed by the following personnel, and associated support staff, of the united states customs service on the day before the effective date of this act: import specialists, entry specialists, drawback specialists, national import specialist, fines and penalties specialists, attorneys of the office of regulations and rulings, customs auditors, international trade specialists, financial systems specialists. ( ) functions performed by the following offices, with respect to any function described in any of paragraphs ( ) through ( ), and associated support staff, of the united states customs service on the day before the effective date of this act: the office of information and technology, the office of laboratory services, the office of the chief counsel, the office of congressional affairs, the office of international affairs, and the office of training and development. sec. . [ u.s.c. ] gao report to congress. not later than months after the effective date of this act, the comptroller general of the united states shall submit to congress a report that sets forth all trade functions performed by the executive branch, specifying each agency that performs each such function. sec. . [ u.s.c. ] allocation of resources by the secretary. (a) in general.--the secretary shall ensure that adequate staffing is provided to assure that levels of customs revenue services provided on the day before the effective date of this act shall continue to be provided. (b) notification of congress.--the secretary shall notify the committee on ways and means of the house of representatives and the committee on finance of the senate at least days prior to taking any action which would-- ( ) result in any significant reduction in customs revenue services, including hours of operation, provided at any office within the department or any port of entry; ( ) eliminate or relocate any office of the department which provides customs revenue services; or ( ) eliminate any port of entry. (c) definition.--in this section, the term ``customs revenue services'' means those customs revenue functions described in paragraphs ( ) through ( ) and paragraph ( ) of section . sec. . [ u.s.c. ] reports to congress. (a) continuing reports.--the united states customs service shall, on and after the effective date of this act, continue to submit to the committee on ways and means of the house of representatives and the committee on finance of the senate any report required, on the day before such the effective date of this act, to be so submitted under any provision of law. (b) report on conforming amendments.--not later than days after the date of enactment of this act, the secretary of the treasury shall submit a report to the committee on finance of the senate and the committee on ways and means of the house of representatives of proposed conforming amendments to the statutes set forth under section (a)( ) in order to determine the appropriate allocation of legal authorities described under this subsection. the secretary of the treasury shall also identify those authorities vested in the secretary of the treasury that are exercised by the commissioner of customs on or before the effective date of this section. * * * * * * * subtitle c--miscellaneous provisions sec. . [ u.s.c. ] transfer of certain agricultural inspection functions of the department of agriculture. (a) transfer of agricultural import and entry inspection functions.--there shall be transferred to the secretary the functions of the secretary of agriculture relating to agricultural import and entry inspection activities under the laws specified in subsection (b). (b) covered animal and plant protection laws.--the laws referred to in subsection (a) are the following: ( ) the act commonly known as the virus-serum-toxin act (the eighth paragraph under the heading ``bureau of animal industry'' in the act of march , ; u.s.c. et seq.). ( ) section of the act of august , (commonly known as the honeybee act; u.s.c. ). ( ) title iii of the federal seed act ( u.s.c. et seq.). ( ) the plant protection act ( u.s.c. et seq.). ( ) the animal health protection act (subtitle e of title x of public law - ; u.s.c. et seq.). ( ) the lacey act amendments of ( u.s.c. et seq.). ( ) section of the endangered species act of ( u.s.c. ). (c) exclusion of quarantine activities.--for purposes of this section, the term ``functions'' does not include any quarantine activities carried out under the laws specified in subsection (b). (d) effect of transfer.-- ( ) compliance with department of agriculture regulations.--the authority transferred pursuant to subsection (a) shall be exercised by the secretary in accordance with the regulations, policies, and procedures issued by the secretary of agriculture regarding the administration of the laws specified in subsection (b). ( ) rulemaking coordination.--the secretary of agriculture shall coordinate with the secretary whenever the secretary of agriculture prescribes regulations, policies, or procedures for administering the functions transferred under subsection (a) under a law specified in subsection (b). ( ) effective administration.--the secretary, in consultation with the secretary of agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the department of homeland security to carry out the functions transferred pursuant to subsection (a). (e) transfer agreement.-- ( ) agreement required; revision.--before the end of the transition period, as defined in section , the secretary of agriculture and the secretary shall enter into an agreement to effectuate the transfer of functions required by subsection (a). the secretary of agriculture and the secretary may jointly revise the agreement as necessary thereafter. ( ) required terms.--the agreement required by this subsection shall specifically address the following: (a) the supervision by the secretary of agriculture of the training of employees of the secretary to carry out the functions transferred pursuant to subsection (a). (b) the transfer of funds to the secretary under subsection (f). ( ) cooperation and reciprocity.--the secretary of agriculture and the secretary may include as part of the agreement the following: (a) authority for the secretary to perform functions delegated to the animal and plant health inspection service of the department of agriculture regarding the protection of domestic livestock and plants, but not transferred to the secretary pursuant to subsection (a). (b) authority for the secretary of agriculture to use employees of the department of homeland security to carry out authorities delegated to the animal and plant health inspection service regarding the protection of domestic livestock and plants. (f) periodic transfer of funds to department of homeland security.-- ( ) transfer of funds.--out of funds collected by fees authorized under sections and of the food, agriculture, conservation, and trade act of ( u.s.c. , a), the secretary of agriculture shall transfer, from time to time in accordance with the agreement under subsection (e), to the secretary funds for activities carried out by the secretary for which such fees were collected. ( ) limitation.--the proportion of fees collected pursuant to such sections that are transferred to the secretary under this subsection may not exceed the proportion of the costs incurred by the secretary to all costs incurred to carry out activities funded by such fees. (g) transfer of department of agriculture employees.--not later than the completion of the transition period defined under section , the secretary of agriculture shall transfer to the secretary not more than , full-time equivalent positions of the department of agriculture. * * * * * * * sec. . [ u.s.c. ] functions of administrator of general services. (a) operation, maintenance, and protection of federal buildings and grounds.--nothing in this act may be construed to affect the functions or authorities of the administrator of general services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the federal government and under the jurisdiction, custody, or control of the administrator. except for the law enforcement and related security functions transferred under section ( ), the administrator shall retain all powers, functions, and authorities vested in the administrator under chapter of title , united states code, and other provisions of law that are necessary for the operation, maintenance, and protection of such buildings and grounds. (b) collection of rents and fees; federal buildings fund.-- ( ) statutory construction.--nothing in this act may be construed-- (a) to direct the transfer of, or affect, the authority of the administrator of general services to collect rents and fees, including fees collected for protective services; or (b) to authorize the secretary or any other official in the department to obligate amounts in the federal buildings fund established by section (f) of title , united states code. ( ) use of transferred amounts.--any amounts transferred by the administrator of general services to the secretary out of rents and fees collected by the administrator shall be used by the secretary solely for the protection of buildings or grounds owned or occupied by the federal government. sec. . [ u.s.c. ] functions of transportation security administration. (a) consultation with federal aviation administration.--the secretary and other officials in the department shall consult with the administrator of the federal aviation administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace. the secretary shall establish a liaison office within the department for the purpose of consulting with the administrator of the federal aviation administration. (b) report to congress.--not later than days after the date of enactment of this act, the secretary of transportation shall transmit to congress a report containing a plan for complying with the requirements of section (d) of title , united states code, as amended by section of this act. (c) limitations on statutory construction.-- ( ) grant of authority.--nothing in this act may be construed to vest in the secretary or any other official in the department any authority over transportation security that is not vested in the under secretary of transportation for security, or in the secretary of transportation under chapter of title , united states code, on the day before the date of enactment of this act. ( ) obligation of aip funds.--nothing in this act may be construed to authorize the secretary or any other official in the department to obligate amounts made available under section of title , united states code. sec. . [ u.s.c. ] preservation of transportation security administration as a distinct entity. (a) in general.--notwithstanding any other provision of this act, and subject to subsection (b), the transportation security administration shall be maintained as a distinct entity within the department under the under secretary for border transportation and security. (b) sunset.--subsection (a) shall cease to apply years after the date of enactment of this act. * * * * * * * sec. . [ u.s.c. ] coordination of information and information technology. (a) definition of affected agency.--in this section, the term ``affected agency'' means-- ( ) the department; ( ) the department of agriculture; ( ) the department of health and human services; and ( ) any other department or agency determined to be appropriate by the secretary. (b) coordination.--the secretary, in coordination with the secretary of agriculture, the secretary of health and human services, and the head of each other department or agency determined to be appropriate by the secretary, shall ensure that appropriate information (as determined by the secretary) concerning inspections of articles that are imported or entered into the united states, and are inspected or regulated by or more affected agencies, is timely and efficiently exchanged between the affected agencies. (c) report and plan.--not later than months after the date of enactment of this act, the secretary, in consultation with the secretary of agriculture, the secretary of health and human services, and the head of each other department or agency determined to be appropriate by the secretary, shall submit to congress-- ( ) a report on the progress made in implementing this section; and ( ) a plan to complete implementation of this section. sec. . [ u.s.c. ] visa issuance. (a) definition.--in this subsection, the term ``consular office'' has the meaning given that term under section (a)( ) of the immigration and nationality act ( u.s.c. (a)( )). (b) in general.--notwithstanding section (a) of the immigration and nationality act ( u.s.c. (a)) or any other provision of law, and except as provided in subsection (c) of this section, the secretary-- ( ) shall be vested exclusively with all authorities to issue regulations with respect to, administer, and enforce the provisions of such act, and of all other immigration and nationality laws, relating to the functions of consular officers of the united states in connection with the granting or refusal of visas, and shall have the authority to refuse visas in accordance with law and to develop programs of homeland security training for consular officers (in addition to consular training provided by the secretary of state), which authorities shall be exercised through the secretary of state, except that the secretary shall not have authority to alter or reverse the decision of a consular officer to refuse a visa to an alien; and ( ) shall have authority to confer or impose upon any officer or employee of the united states, with the consent of the head of the executive agency under whose jurisdiction such officer or employee is serving, any of the functions specified in paragraph ( ). (c) authority of the secretary of state.-- ( ) in general.--notwithstanding subsection (b), the secretary of state may direct a consular officer to refuse a visa to an alien if the secretary of state deems such refusal necessary or advisable in the foreign policy or security interests of the united states. ( ) construction regarding authority.--nothing in this section, consistent with the secretary of homeland security's authority to refuse visas in accordance with law, shall be construed as affecting the authorities of the secretary of state under the following provisions of law: (a) section (a)( )(a) of the immigration and nationality act ( u.s.c. (a)( )(a)). (b) section (d)( ) of the immigration and nationality act ( u.s.c. ) (as it will take effect upon the entry into force of the convention on protection of children and cooperation in respect to inter-country adoption). (c) section (a)( )(b)(i)(iv)(bb) of the immigration and nationality act ( u.s.c. (a)( )(b)(i)(iv)(bb)). (d) section (a)( )(b)(i)(vi) of the immigration and nationality act ( u.s.c. (a)( )(b)(i)(vi)). (e) section (a)( )(b)(vi)(ii) of the immigration and nationality act ( u.s.c. (a)( )(b)(vi)(ii)). (f) section (a)( )(c) of the immigration and nationality act ( u.s.c. (a)( )(c)). (g) section (a)( )(c) of the immigration and nationality act ( u.s.c. (a)( )(c)). (h) section (f) of the immigration and nationality act ( u.s.c. (f)). (i) section (a) of the immigration and nationality act ( u.s.c. (a)). (j) section (a)( )(c) of the immigration and nationality act ( u.s.c. (a)( )(c)). (k) section of the cuban liberty and democratic solidarity (libertad) act of ( u.s.c. ; public law - ). (l) section of the departments of commerce, justice, and state, the judiciary and related agencies appropriations act, (as contained in section (b) of division a of public law - ) (omnibus consolidated and emergency supplemental appropriations act, ); stat. ; h.r. (originally h.r. ) as amended by section of public law - . (m) section (f) of the chemical weapon convention implementation act of ( stat. - ). (n) section of h.r. , the admiral james w. nance and meg donovan foreign relations authorization act, fiscal years and , as enacted by reference in public law - . (o) section of the foreign operations, export financing, and related programs appropriations act, (public law - ). (p) section of the state department basic authorities act of ( u.s.c. ). (d) consular officers and chiefs of missions.-- ( ) in general.--nothing in this section may be construed to alter or affect-- (a) the employment status of consular officers as employees of the department of state; or (b) the authority of a chief of mission under section of the foreign service act of ( u.s.c. ). ( ) construction regarding delegation of authority.--nothing in this section shall be construed to affect any delegation of authority to the secretary of state by the president pursuant to any proclamation issued under section (f) of the immigration and nationality act ( u.s.c. (f)), consistent with the secretary of homeland security's authority to refuse visas in accordance with law. (e) assignment of homeland security employees to diplomatic and consular posts.-- ( ) in general.--the secretary is authorized to assign employees of the department to each diplomatic and consular post at which visas are issued, unless the secretary determines that such an assignment at a particular post would not promote homeland security. ( ) functions.--employees assigned under paragraph ( ) shall perform the following functions: (a) provide expert advice and training to consular officers regarding specific security threats relating to the adjudication of individual visa applications or classes of applications. (b) review any such applications, either on the initiative of the employee of the department or upon request by a consular officer or other person charged with adjudicating such applications. (c) conduct investigations with respect to consular matters under the jurisdiction of the secretary. ( ) evaluation of consular officers.--the secretary of state shall evaluate, in consultation with the secretary, as deemed appropriate by the secretary, the performance of consular officers with respect to the processing and adjudication of applications for visas in accordance with performance standards developed by the secretary for these procedures. ( ) report.--the secretary shall, on an annual basis, submit a report to congress that describes the basis for each determination under paragraph ( ) that the assignment of an employee of the department at a particular diplomatic post would not promote homeland security. ( ) permanent assignment; participation in terrorist lookout committee.--when appropriate, employees of the department assigned to perform functions described in paragraph ( ) may be assigned permanently to overseas diplomatic or consular posts with country-specific or regional responsibility. if the secretary so directs, any such employee, when present at an overseas post, shall participate in the terrorist lookout committee established under section of the enhanced border security and visa entry reform act of ( u.s.c. ). ( ) training and hiring.-- (a) in general.--the secretary shall ensure, to the extent possible, that any employees of the department assigned to perform functions under paragraph ( ) and, as appropriate, consular officers, shall be provided the necessary training to enable them to carry out such functions, including training in foreign languages, interview techniques, and fraud detection techniques, in conditions in the particular country where each employee is assigned, and in other appropriate areas of study. (b) use of center.--the secretary is authorized to use the national foreign affairs training center, on a reimbursable basis, to obtain the training described in subparagraph (a). ( ) report.--not later than year after the date of enactment of this act, the secretary and the secretary of state shall submit to congress-- (a) a report on the implementation of this subsection; and (b) any legislative proposals necessary to further the objectives of this subsection. ( ) effective date.--this subsection shall take effect on the earlier of-- (a) the date on which the president publishes notice in the federal register that the president has submitted a report to congress setting forth a memorandum of understanding between the secretary and the secretary of state governing the implementation of this section; or (b) the date occurring year after the date of enactment of this act. (f) no creation of private right of action.--nothing in this section shall be construed to create or authorize a private right of action to challenge a decision of a consular officer or other united states official or employee to grant or deny a visa. (g) study regarding use of foreign nationals.-- ( ) in general.--the secretary of homeland security shall conduct a study of the role of foreign nationals in the granting or refusal of visas and other documents authorizing entry of aliens into the united states. the study shall address the following: (a) the proper role, if any, of foreign nationals in the process of rendering decisions on such grants and refusals. (b) any security concerns involving the employment of foreign nationals. (c) whether there are cost-effective alternatives to the use of foreign nationals. ( ) report.--not later than year after the date of the enactment of this act, the secretary shall submit a report containing the findings of the study conducted under paragraph ( ) to the committee on the judiciary, the committee on international relations, and the committee on government reform of the house of representatives, and the committee on the judiciary, the committee on foreign relations, and the committee on government affairs of the senate. (h) report.--not later than days after the date of the enactment of this act, the director of the office of science and technology policy shall submit to congress a report on how the provisions of this section will affect procedures for the issuance of student visas. (i) visa issuance program for saudi arabia.-- notwithstanding any other provision of law, after the date of the enactment of this act all third party screening programs in saudi arabia shall be terminated. on-site personnel of the department of homeland security shall review all visa applications prior to adjudication. sec. . [ u.s.c. ] information on visa denials required to be entered into electronic data system. (a) in general.--whenever a consular officer of the united states denies a visa to an applicant, the consular officer shall enter the fact and the basis of the denial and the name of the applicant into the interoperable electronic data system implemented under section (a) of the enhanced border security and visa entry reform act of ( u.s.c. (a)). (b) prohibition.--in the case of any alien with respect to whom a visa has been denied under subsection (a)-- ( ) no subsequent visa may be issued to the alien unless the consular officer considering the alien's visa application has reviewed the information concerning the alien placed in the interoperable electronic data system, has indicated on the alien's application that the information has been reviewed, and has stated for the record why the visa is being issued or a waiver of visa ineligibility recommended in spite of that information; and ( ) the alien may not be admitted to the united states without a visa issued in accordance with the procedures described in paragraph ( ). sec. . [ u.s.c. ] office for domestic preparedness. (a) in general.--the office for domestic preparedness shall be within the directorate of border and transportation security. (b) director.--there shall be a director of the office for domestic preparedness, who shall be appointed by the president, by and with the advice and consent of the senate. the director of the office for domestic preparedness shall report directly to the under secretary for border and transportation security. (c) responsibilities.--the office for domestic preparedness shall have the primary responsibility within the executive branch of government for the preparedness of the united states for acts of terrorism, including-- ( ) coordinating preparedness efforts at the federal level, and working with all state, local, tribal, parish, and private sector emergency response providers on all matters pertaining to combating terrorism, including training, exercises, and equipment support; ( ) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland security at all levels of government; ( ) directing and supervising terrorism preparedness grant programs of the federal government (other than those programs administered by the department of health and human services) for all emergency response providers; ( ) incorporating the strategy priorities into planning guidance on an agency level for the preparedness efforts of the office for domestic preparedness; ( ) providing agency-specific training for agents and analysts within the department, other agencies, and state and local agencies and international entities; ( ) as the lead executive branch agency for preparedness of the united states for acts of terrorism, cooperating closely with the federal emergency management agency, which shall have the primary responsibility within the executive branch to prepare for and mitigate the effects of nonterrorist- related disasters in the united states; ( ) assisting and supporting the secretary, in coordination with other directorates and entities outside the department, in conducting appropriate risk analysis and risk management activities of state, local, and tribal governments consistent with the mission and functions of the directorate; ( ) those elements of the office of national preparedness of the federal emergency management agency which relate to terrorism, which shall be consolidated within the department in the office for domestic preparedness established under this section; and ( ) helping to ensure the acquisition of interoperable communication technology by state and local governments and emergency response providers. (d) fiscal years and .--during fiscal year and fiscal year , the director of the office for domestic preparedness established under this section shall manage and carry out those functions of the office for domestic preparedness of the department of justice (transferred under this section) before september , , under the same terms, conditions, policies, and authorities, and with the required level of personnel, assets, and budget before september , . sec. . [ u.s.c. ] office of cargo security policy. (a) establishment.--there is established within the department an office of cargo security policy (referred to in this section as the ``office''). (b) purpose.--the office shall-- ( ) coordinate all department policies relating to cargo security; and ( ) consult with stakeholders and coordinate with other federal agencies in the establishment of standards and regulations and to promote best practices. (c) director.-- ( ) appointment.--the office shall be headed by a director, who shall-- (a) be appointed by the secretary; and (b) report to the assistant secretary for policy. ( ) responsibilities.--the director shall-- (a) advise the assistant secretary for policy in the development of department-wide policies regarding cargo security; (b) coordinate all policies relating to cargo security among the agencies and offices within the department relating to cargo security; and (c) coordinate the cargo security policies of the department with the policies of other executive agencies. subtitle d--immigration enforcement functions sec. . [ u.s.c. ] transfer of functions to under secretary for border and transportation security. in accordance with title xv (relating to transition provisions), there shall be transferred from the commissioner of immigration and naturalization to the under secretary for border and transportation security all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs: ( ) the border patrol program. ( ) the detention and removal program. ( ) the intelligence program. ( ) the investigations program. ( ) the inspections program. sec. . [ u.s.c. ] establishment of bureau of border security. (a) establishment of bureau.-- ( ) in general.--there shall be in the department of homeland security a bureau to be known as the ``bureau of border security''. ( ) assistant secretary.--the head of the bureau of border security shall be the assistant secretary of the bureau of border security, who-- (a) shall report directly to the under secretary for border and transportation security; and (b) shall have a minimum of years professional experience in law enforcement, and a minimum of years of management experience. ( ) functions.--the assistant secretary of the bureau of border security-- (a) shall establish the policies for performing such functions as are-- (i) transferred to the under secretary for border and transportation security by section and delegated to the assistant secretary by the under secretary for border and transportation security; or (ii) otherwise vested in the assistant secretary by law; (b) shall oversee the administration of such policies; and (c) shall advise the under secretary for border and transportation security with respect to any policy or operation of the bureau of border security that may affect the bureau of citizenship and immigration services established under subtitle e, including potentially conflicting policies or operations. ( ) program to collect information relating to foreign students.--the assistant secretary of the bureau of border security shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section of the illegal immigration reform and immigrant responsibility act of ( u.s.c. ), including the student and exchange visitor information system established under that section, and shall use such information to carry out the enforcement functions of the bureau. ( ) managerial rotation program.-- (a) in general.--not later than year after the date on which the transfer of functions specified under section takes effect, the assistant secretary of the bureau of border security shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter of title , united states code, as a gs- or above, shall-- (i) gain some experience in all the major functions performed by such bureau; and (ii) work in at least one local office of such bureau. (b) report.--not later than years after the date on which the transfer of functions specified under section takes effect, the secretary shall submit a report to the congress on the implementation of such program. (b) chief of policy and strategy.-- ( ) in general.--there shall be a position of chief of policy and strategy for the bureau of border security. ( ) functions.--in consultation with bureau of border security personnel in local offices, the chief of policy and strategy shall be responsible for-- (a) making policy recommendations and performing policy research and analysis on immigration enforcement issues; and (b) coordinating immigration policy issues with the chief of policy and strategy for the bureau of citizenship and immigration services (established under subtitle e), as appropriate. (c) legal advisor.--there shall be a principal legal advisor to the assistant secretary of the bureau of border security. the legal advisor shall provide specialized legal advice to the assistant secretary of the bureau of border security and shall represent the bureau in all exclusion, deportation, and removal proceedings before the executive office for immigration review. sec. . [ u.s.c. ] professional responsibility and quality review. the under secretary for border and transportation security shall be responsible for-- ( ) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the bureau of border security that are not subject to investigation by the inspector general for the department; ( ) inspecting the operations of the bureau of border security and providing assessments of the quality of the operations of such bureau as a whole and each of its components; and ( ) providing an analysis of the management of the bureau of border security. sec. . [ u.s.c. ] employee discipline. the under secretary for border and transportation security may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the federal bureau of investigation, on any employee of the bureau of border security who willfully deceives the congress or agency leadership on any matter. sec. . [ u.s.c. ] report on improving enforcement functions. (a) in general.--the secretary, not later than year after being sworn into office, shall submit to the committees on appropriations and the judiciary of the house of representatives and of the senate a report with a plan detailing how the bureau of border security, after the transfer of functions specified under section takes effect, will enforce comprehensively, effectively, and fairly all the enforcement provisions of the immigration and nationality act ( u.s.c. et seq.) relating to such functions. (b) consultation.--in carrying out subsection (a), the secretary of homeland security shall consult with the attorney general, the secretary of state, the director of the federal bureau of investigation, the secretary of the treasury, the secretary of labor, the commissioner of social security, the director of the executive office for immigration review, and the heads of state and local law enforcement agencies to determine how to most effectively conduct enforcement operations. sec. . [ u.s.c. ] sense of congress regarding construction of fencing near san diego, california. it is the sense of the congress that completing the -mile border fence project required to be carried out under section (b) of the illegal immigration reform and immigrant responsibility act of ( u.s.c. note) should be a priority for the secretary. subtitle e--citizenship and immigration services sec. . [ u.s.c. ] establishment of bureau of citizenship and immigration services. (a) establishment of bureau.-- ( ) in general.--there shall be in the department a bureau to be known as the ``bureau of citizenship and immigration services''. ( ) director.--the head of the bureau of citizenship and immigration services shall be the director of the bureau of citizenship and immigration services, who-- (a) shall report directly to the deputy secretary; (b) shall have a minimum of years of management experience; and (c) shall be paid at the same level as the assistant secretary of the bureau of border security. ( ) functions.--the director of the bureau of citizenship and immigration services-- (a) shall establish the policies for performing such functions as are transferred to the director by this section or this act or otherwise vested in the director by law; (b) shall oversee the administration of such policies; (c) shall advise the deputy secretary with respect to any policy or operation of the bureau of citizenship and immigration services that may affect the bureau of border security of the department, including potentially conflicting policies or operations; (d) shall establish national immigration services policies and priorities; (e) shall meet regularly with the ombudsman described in section to correct serious service problems identified by the ombudsman; and (f) shall establish procedures requiring a formal response to any recommendations submitted in the ombudsman's annual report to congress within months after its submission to congress. ( ) managerial rotation program.-- (a) in general.--not later than year after the effective date specified in section , the director of the bureau of citizenship and immigration services shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter of title , united states code, as a gs- or above, shall-- (i) gain some experience in all the major functions performed by such bureau; and (ii) work in at least one field office and one service center of such bureau. (b) report.--not later than years after the effective date specified in section , the secretary shall submit a report to congress on the implementation of such program. ( ) pilot initiatives for backlog elimination.--the director of the bureau of citizenship and immigration services is authorized to implement innovative pilot initiatives to eliminate any remaining backlog in the processing of immigration benefit applications, and to prevent any backlog in the processing of such applications from recurring, in accordance with section (a) of the immigration services and infrastructure improvements act of ( u.s.c. (a)). such initiatives may include measures such as increasing personnel, transferring personnel to focus on areas with the largest potential for backlog, and streamlining paperwork. (b) transfer of functions from commissioner.--in accordance with title xv (relating to transition provisions), there are transferred from the commissioner of immigration and naturalization to the director of the bureau of citizenship and immigration services the following functions, and all personnel, infrastructure, and funding provided to the commissioner in support of such functions immediately before the effective date specified in section : ( ) adjudications of immigrant visa petitions. ( ) adjudications of naturalization petitions. ( ) adjudications of asylum and refugee applications. ( ) adjudications performed at service centers. ( ) all other adjudications performed by the immigration and naturalization service immediately before the effective date specified in section . (c) chief of policy and strategy.-- ( ) in general.--there shall be a position of chief of policy and strategy for the bureau of citizenship and immigration services. ( ) functions.--in consultation with bureau of citizenship and immigration services personnel in field offices, the chief of policy and strategy shall be responsible for-- (a) making policy recommendations and performing policy research and analysis on immigration services issues; and (b) coordinating immigration policy issues with the chief of policy and strategy for the bureau of border security of the department. (d) legal advisor.-- ( ) in general.--there shall be a principal legal advisor to the director of the bureau of citizenship and immigration services. ( ) functions.--the legal advisor shall be responsible for-- (a) providing specialized legal advice, opinions, determinations, regulations, and any other assistance to the director of the bureau of citizenship and immigration services with respect to legal matters affecting the bureau of citizenship and immigration services; and (b) representing the bureau of citizenship and immigration services in visa petition appeal proceedings before the executive office for immigration review. (e) budget officer.-- ( ) in general.--there shall be a budget officer for the bureau of citizenship and immigration services. ( ) functions.-- (a) in general.--the budget officer shall be responsible for-- (i) formulating and executing the budget of the bureau of citizenship and immigration services; (ii) financial management of the bureau of citizenship and immigration services; and (iii) collecting all payments, fines, and other debts for the bureau of citizenship and immigration services. (f) chief of office of citizenship.-- ( ) in general.--there shall be a position of chief of the office of citizenship for the bureau of citizenship and immigration services. ( ) functions.--the chief of the office of citizenship for the bureau of citizenship and immigration services shall be responsible for promoting instruction and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the united states, including the development of educational materials. (g) \ \ office of the fbi liaison.-- --------------------------------------------------------------------------- \ \ subsection (g) of section was added by section (a) of public law - . section of such public law provides: sec. . sunset provision. --------------------------------------------------------------------------- this act and the amendments made by this act are repealed on the date that is years after the date of the enactment of this act. [enactment date is october , ] --------------------------------------------------------------------------- ( ) in general.--there shall be an office of the fbi liaison in the department of homeland security. ( ) functions.--the office of the fbi liaison shall monitor the progress of the functions of the federal bureau of investigation in the naturalization process to assist in the expeditious completion of all such functions pertaining to naturalization applications filed by, or on behalf of-- (a) current or former members of the armed forces under section or of the immigration and nationality act ( u.s.c. and ); (b) current spouses of united states citizens who are currently serving on active duty in the armed forces, who qualify for naturalization under section (b) of the immigration and nationality act ( u.s.c. (b)), and surviving spouses and children who qualify for naturalization under section (d) of such act; or (c) a deceased individual who is eligible for posthumous citizenship under section a of the immigration and nationality act ( u.s.c. - ). ( ) authorization of appropriations.--there are authorized to be appropriated such sums as may be necessary to carry out this subsection. sec. . [ u.s.c. ] citizenship and immigration services ombudsman. (a) in general.--within the department, there shall be a position of citizenship and immigration services ombudsman (in this section referred to as the ``ombudsman''). the ombudsman shall report directly to the deputy secretary. the ombudsman shall have a background in customer service as well as immigration law. (b) functions.--it shall be the function of the ombudsman-- ( ) to assist individuals and employers in resolving problems with the bureau of citizenship and immigration services; ( ) to identify areas in which individuals and employers have problems in dealing with the bureau of citizenship and immigration services; and ( ) to the extent possible, to propose changes in the administrative practices of the bureau of citizenship and immigration services to mitigate problems identified under paragraph ( ). (c) annual reports.-- ( ) objectives.--not later than june of each calendar year, the ombudsman shall report to the committee on the judiciary of the house of representatives and the senate on the objectives of the office of the ombudsman for the fiscal year beginning in such calendar year. any such report shall contain full and substantive analysis, in addition to statistical information, and-- (a) shall identify the recommendations the office of the ombudsman has made on improving services and responsiveness of the bureau of citizenship and immigration services; (b) shall contain a summary of the most pervasive and serious problems encountered by individuals and employers, including a description of the nature of such problems; (c) shall contain an inventory of the items described in subparagraphs (a) and (b) for which action has been taken and the result of such action; (d) shall contain an inventory of the items described in subparagraphs (a) and (b) for which action remains to be completed and the period during which each item has remained on such inventory; (e) shall contain an inventory of the items described in subparagraphs (a) and (b) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and shall identify any official of the bureau of citizenship and immigration services who is responsible for such inaction; (f) shall contain recommendations for such administrative action as may be appropriate to resolve problems encountered by individuals and employers, including problems created by excessive backlogs in the adjudication and processing of immigration benefit petitions and applications; and (g) shall include such other information as the ombudsman may deem advisable. ( ) report to be submitted directly.--each report required under this subsection shall be provided directly to the committees described in paragraph ( ) without any prior comment or amendment from the secretary, deputy secretary, director of the bureau of citizenship and immigration services, or any other officer or employee of the department or the office of management and budget. (d) other responsibilities.--the ombudsman-- ( ) shall monitor the coverage and geographic allocation of local offices of the ombudsman; ( ) shall develop guidance to be distributed to all officers and employees of the bureau of citizenship and immigration services outlining the criteria for referral of inquiries to local offices of the ombudsman; ( ) shall ensure that the local telephone number for each local office of the ombudsman is published and available to individuals and employers served by the office; and ( ) shall meet regularly with the director of the bureau of citizenship and immigration services to identify serious service problems and to present recommendations for such administrative action as may be appropriate to resolve problems encountered by individuals and employers. (e) personnel actions.-- ( ) in general.--the ombudsman shall have the responsibility and authority-- (a) to appoint local ombudsmen and make available at least such ombudsman for each state; and (b) to evaluate and take personnel actions (including dismissal) with respect to any employee of any local office of the ombudsman. ( ) consultation.--the ombudsman may consult with the appropriate supervisory personnel of the bureau of citizenship and immigration services in carrying out the ombudsman's responsibilities under this subsection. (f) responsibilities of bureau of citizenship and immigration services.--the director of the bureau of citizenship and immigration services shall establish procedures requiring a formal response to all recommendations submitted to such director by the ombudsman within months after submission to such director. (g) operation of local offices.-- ( ) in general.--each local ombudsman-- (a) shall report to the ombudsman or the delegate thereof; (b) may consult with the appropriate supervisory personnel of the bureau of citizenship and immigration services regarding the daily operation of the local office of such ombudsman; (c) shall, at the initial meeting with any individual or employer seeking the assistance of such local office, notify such individual or employer that the local offices of the ombudsman operate independently of any other component of the department and report directly to congress through the ombudsman; and (d) at the local ombudsman's discretion, may determine not to disclose to the bureau of citizenship and immigration services contact with, or information provided by, such individual or employer. ( ) maintenance of independent communications.-- each local office of the ombudsman shall maintain a phone, facsimile, and other means of electronic communication access, and a post office address, that is separate from those maintained by the bureau of citizenship and immigration services, or any component of the bureau of citizenship and immigration services. sec. . [ u.s.c. ] professional responsibility and quality review. (a) in general.--the director of the bureau of citizenship and immigration services shall be responsible for-- ( ) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the bureau of citizenship and immigration services that are not subject to investigation by the inspector general for the department; ( ) inspecting the operations of the bureau of citizenship and immigration services and providing assessments of the quality of the operations of such bureau as a whole and each of its components; and ( ) providing an analysis of the management of the bureau of citizenship and immigration services. (b) special considerations.--in providing assessments in accordance with subsection (a)( ) with respect to a decision of the bureau of citizenship and immigration services, or any of its components, consideration shall be given to-- ( ) the accuracy of the findings of fact and conclusions of law used in rendering the decision; ( ) any fraud or misrepresentation associated with the decision; and ( ) the efficiency with which the decision was rendered. sec. . [ u.s.c. ] employee discipline. the director of the bureau of citizenship and immigration services may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the federal bureau of investigation, on any employee of the bureau of citizenship and immigration services who willfully deceives congress or agency leadership on any matter. sec. . [ u.s.c. note] effective date. notwithstanding section , sections through , and the amendments made by such sections, shall take effect on the date on which the transfer of functions specified under section takes effect. sec. . [ u.s.c. ] transition. (a) references.--with respect to any function transferred by this subtitle to, and exercised on or after the effective date specified in section by, the director of the bureau of citizenship and immigration services, any reference in any other federal law, executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a component of government from which such function is transferred-- ( ) to the head of such component is deemed to refer to the director of the bureau of citizenship and immigration services; or ( ) to such component is deemed to refer to the bureau of citizenship and immigration services. (b) other transition issues.-- ( ) exercise of authorities.--except as otherwise provided by law, a federal official to whom a function is transferred by this subtitle may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date specified in section . ( ) transfer and allocation of appropriations and personnel.--the personnel of the department of justice employed in connection with the functions transferred by this subtitle (and functions that the secretary determines are properly related to the functions of the bureau of citizenship and immigration services), and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the immigration and naturalization service in connection with the functions transferred by this subtitle, subject to section of the budget and accounting procedures act of , shall be transferred to the director of the bureau of citizenship and immigration services for allocation to the appropriate component of the department. unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. the secretary shall have the right to adjust or realign transfers of funds and personnel effected pursuant to this subtitle for a period of years after the effective date specified in section . * * * * * * * sec. . [ u.s.c. ] report on improving immigration services. (a) in general.--the secretary, not later than year after the effective date of this act, shall submit to the committees on the judiciary and appropriations of the house of representatives and of the senate a report with a plan detailing how the bureau of citizenship and immigration services, after the transfer of functions specified in this subtitle takes effect, will complete efficiently, fairly, and within a reasonable time, the adjudications described in paragraphs ( ) through ( ) of section (b). (b) contents.--for each type of adjudication to be undertaken by the director of the bureau of citizenship and immigration services, the report shall include the following: ( ) any potential savings of resources that may be implemented without affecting the quality of the adjudication. ( ) the goal for processing time with respect to the application. ( ) any statutory modifications with respect to the adjudication that the secretary considers advisable. (c) consultation.--in carrying out subsection (a), the secretary shall consult with the secretary of state, the secretary of labor, the assistant secretary of the bureau of border security of the department, and the director of the executive office for immigration review to determine how to streamline and improve the process for applying for and making adjudications described in section (b) and related processes. sec. . [ u.s.c. ] report on responding to fluctuating needs. not later than days after the date of the enactment of this act, the attorney general shall submit to congress a report on changes in law, including changes in authorizations of appropriations and in appropriations, that are needed to permit the immigration and naturalization service, and, after the transfer of functions specified in this subtitle takes effect, the bureau of citizenship and immigration services of the department, to ensure a prompt and timely response to emergent, unforeseen, or impending changes in the number of applications for immigration benefits, and otherwise to ensure the accommodation of changing immigration service needs. sec. . [ u.s.c. ] application of internet-based technologies. (a) establishment of tracking system.--the secretary, not later than year after the effective date of this act, in consultation with the technology advisory committee established under subsection (c), shall establish an internet-based system, that will permit a person, employer, immigrant, or nonimmigrant who has filings with the secretary for any benefit under the immigration and nationality act ( u.s.c. et seq.), access to online information about the processing status of the filing involved. (b) feasibility study for online filing and improved processing.-- ( ) online filing.--the secretary, in consultation with the technology advisory committee established under subsection (c), shall conduct a feasibility study on the online filing of the filings described in subsection (a). the study shall include a review of computerization and technology of the immigration and naturalization service relating to the immigration services and processing of filings related to immigrant services. the study shall also include an estimate of the timeframe and cost and shall consider other factors in implementing such a filing system, including the feasibility of fee payment online. ( ) report.--a report on the study under this subsection shall be submitted to the committees on the judiciary of the house of representatives and the senate not later than year after the effective date of this act. (c) technology advisory committee.-- ( ) establishment.--the secretary shall establish, not later than days after the effective date of this act, an advisory committee (in this section referred to as the ``technology advisory committee'') to assist the secretary in-- (a) establishing the tracking system under subsection (a); and (b) conducting the study under subsection (b). the technology advisory committee shall be established after consultation with the committees on the judiciary of the house of representatives and the senate. ( ) composition.--the technology advisory committee shall be composed of representatives from high technology companies capable of establishing and implementing the system in an expeditious manner, and representatives of persons who may use the tracking system described in subsection (a) and the online filing system described in subsection (b)( ). sec. . [ u.s.c. ] children's affairs. (a) transfer of functions.--there are transferred to the director of the office of refugee resettlement of the department of health and human services functions under the immigration laws of the united states with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the commissioner of immigration and naturalization (or any officer, employee, or component of the immigration and naturalization service) immediately before the effective date specified in subsection (d). (b) functions.-- ( ) in general.--pursuant to the transfer made by subsection (a), the director of the office of refugee resettlement shall be responsible for-- (a) coordinating and implementing the care and placement of unaccompanied alien children who are in federal custody by reason of their immigration status, including developing a plan to be submitted to congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each such child, consistent with the law regarding appointment of counsel that is in effect on the date of the enactment of this act; (b) ensuring that the interests of the child are considered in decisions and actions relating to the care and custody of an unaccompanied alien child; (c) making placement determinations for all unaccompanied alien children who are in federal custody by reason of their immigration status; (d) implementing the placement determinations; (e) implementing policies with respect to the care and placement of unaccompanied alien children; (f) identifying a sufficient number of qualified individuals, entities, and facilities to house unaccompanied alien children; (g) overseeing the infrastructure and personnel of facilities in which unaccompanied alien children reside; (h) reuniting unaccompanied alien children with a parent abroad in appropriate cases; (i) compiling, updating, and publishing at least annually a state-by-state list of professionals or other entities qualified to provide guardian and attorney representation services for unaccompanied alien children; (j) maintaining statistical information and other data on unaccompanied alien children for whose care and placement the director is responsible, which shall include-- (i) biographical information, such as a child's name, gender, date of birth, country of birth, and country of habitual residence; (ii) the date on which the child came into federal custody by reason of his or her immigration status; (iii) information relating to the child's placement, removal, or release from each facility in which the child has resided; (iv) in any case in which the child is placed in detention or released, an explanation relating to the detention or release; and (v) the disposition of any actions in which the child is the subject; (k) collecting and compiling statistical information from the department of justice, the department of homeland security, and the department of state on each department's actions relating to unaccompanied alien children; and (l) conducting investigations and inspections of facilities and other entities in which unaccompanied alien children reside. ( ) coordination with other entities; no release on own recognizance.--in making determinations described in paragraph ( )(c), the director of the office of refugee resettlement-- (a) shall consult with appropriate juvenile justice professionals, the director of the bureau of citizenship and immigration services, and the assistant secretary of the bureau of border security to ensure that such determinations ensure that unaccompanied alien children described in such subparagraph-- (i) are likely to appear for all hearings or proceedings in which they are involved; (ii) are protected from smugglers, traffickers, or others who might seek to victimize or otherwise engage them in criminal, harmful, or exploitive activity; and (iii) are placed in a setting in which they are not likely to pose a danger to themselves or others; and (b) shall not release such children upon their own recognizance. ( ) duties with respect to foster care.--in carrying out the duties described in paragraph ( )(g), the director of the office of refugee resettlement is encouraged to use the refugee children foster care system established pursuant to section (d) of the immigration and nationality act ( u.s.c. (d)) for the placement of unaccompanied alien children. (c) rule of construction.--nothing in this section may be construed to transfer the responsibility for adjudicating benefit determinations under the immigration and nationality act ( u.s.c. et seq.) from the authority of any official of the department of justice, the department of homeland security, or the department of state. (d) effective date.--notwithstanding section , this section shall take effect on the date on which the transfer of functions specified under section takes effect. (e) references.--with respect to any function transferred by this section, any reference in any other federal law, executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a component of government from which such function is transferred-- ( ) to the head of such component is deemed to refer to the director of the office of refugee resettlement; or ( ) to such component is deemed to refer to the office of refugee resettlement of the department of health and human services. (f) other transition issues.-- ( ) exercise of authorities.--except as otherwise provided by law, a federal official to whom a function is transferred by this section may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date specified in subsection (d). ( ) savings provisions.--subsections (a), (b), and (c) of section shall apply to a transfer of functions under this section in the same manner as such provisions apply to a transfer of functions under this act to the department of homeland security. ( ) transfer and allocation of appropriations and personnel.--the personnel of the department of justice employed in connection with the functions transferred by this section, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the immigration and naturalization service in connection with the functions transferred by this section, subject to section of the budget and accounting procedures act of , shall be transferred to the director of the office of refugee resettlement for allocation to the appropriate component of the department of health and human services. unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. (g) definitions.--as used in this section-- ( ) the term ``placement'' means the placement of an unaccompanied alien child in either a detention facility or an alternative to such a facility; and ( ) the term ``unaccompanied alien child'' means a child who-- (a) has no lawful immigration status in the united states; (b) has not attained years of age; and (c) with respect to whom-- (i) there is no parent or legal guardian in the united states; or (ii) no parent or legal guardian in the united states is available to provide care and physical custody. subtitle f--general immigration provisions sec. . [ u.s.c. ] abolishment of ins. (a) in general.--upon completion of all transfers from the immigration and naturalization service as provided for by this act, the immigration and naturalization service of the department of justice is abolished. (b) prohibition.--the authority provided by section may be used to reorganize functions or organizational units within the bureau of border security or the bureau of citizenship and immigration services, but may not be used to recombine the two bureaus into a single agency or otherwise to combine, join, or consolidate functions or organizational units of the two bureaus with each other. sec. . [ u.s.c. ] voluntary separation incentive payments. (a) definitions.--for purposes of this section-- ( ) the term ``employee'' means an employee (as defined by section of title , united states code) who-- (a) has completed at least years of current continuous service with or more covered entities; and (b) is serving under an appointment without time limitation, but does not include any person under subparagraphs (a)-(g) of section (a)( ) of public law - ( u.s.c. note); ( ) the term ``covered entity'' means-- (a) the immigration and naturalization service; (b) the bureau of border security of the department of homeland security; and (c) the bureau of citizenship and immigration services of the department of homeland security; and ( ) the term ``transfer date'' means the date on which the transfer of functions specified under section takes effect. (b) strategic restructuring plan.--before the attorney general or the secretary obligates any resources for voluntary separation incentive payments under this section, such official shall submit to the appropriate committees of congress a strategic restructuring plan, which shall include-- ( ) an organizational chart depicting the covered entities after their restructuring pursuant to this act; ( ) a summary description of how the authority under this section will be used to help carry out that restructuring; and ( ) the information specified in section (b)( ) of public law - ( u.s.c. note). as used in the preceding sentence, the ``appropriate committees of congress'' are the committees on appropriations, government reform, and the judiciary of the house of representatives, and the committees on appropriations, governmental affairs, and the judiciary of the senate. (c) authority.--the attorney general and the secretary may, to the extent necessary to help carry out their respective strategic restructuring plan described in subsection (b), make voluntary separation incentive payments to employees. any such payment-- ( ) shall be paid to the employee, in a lump sum, after the employee has separated from service; ( ) shall be paid from appropriations or funds available for the payment of basic pay of the employee; ( ) shall be equal to the lesser of-- (a) the amount the employee would be entitled to receive under section (c) of title , united states code; or (b) an amount not to exceed $ , , as determined by the attorney general or the secretary; ( ) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before the end of-- (a) the -month period beginning on the date on which such payment is offered or made available to such employee; or (b) the -year period beginning on the date of the enactment of this act, whichever occurs first; ( ) shall not be a basis for payment, and shall not be included in the computation, of any other type of government benefit; and ( ) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section of title , united states code, based on any other separation. (d) additional agency contributions to the retirement fund.-- ( ) in general.--in addition to any payments which it is otherwise required to make, the department of justice and the department of homeland security shall, for each fiscal year with respect to which it makes any voluntary separation incentive payments under this section, remit to the office of personnel management for deposit in the treasury of the united states to the credit of the civil service retirement and disability fund the amount required under paragraph ( ). ( ) amount required.--the amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (a) or (b), whichever is greater. (a) first method.--the amount under this subparagraph shall, for any fiscal year, be equal to the minimum amount necessary to offset the additional costs to the retirement systems under title , united states code (payable out of the civil service retirement and disability fund) resulting from the voluntary separation of the employees described in paragraph ( ), as determined under regulations of the office of personnel management. (b) second method.--the amount under this subparagraph shall, for any fiscal year, be equal to percent of the sum total of the final basic pay of the employees described in paragraph ( ). ( ) computations to be based on separations occurring in the fiscal year involved.--the employees described in this paragraph are those employees who receive a voluntary separation incentive payment under this section based on their separating from service during the fiscal year with respect to which the payment under this subsection relates. ( ) final basic pay defined.--in this subsection, the term ``final basic pay'' means, with respect to an employee, the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. (e) effect of subsequent employment with the government.-- an individual who receives a voluntary separation incentive payment under this section and who, within years after the date of the separation on which the payment is based, accepts any compensated employment with the government or works for any agency of the government through a personal services contract, shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment. such payment shall be made to the covered entity from which the individual separated or, if made on or after the transfer date, to the deputy secretary or the under secretary for border and transportation security (for transfer to the appropriate component of the department of homeland security, if necessary). (f) effect on employment levels.-- ( ) intended effect.--voluntary separations under this section are not intended to necessarily reduce the total number of full-time equivalent positions in any covered entity. ( ) use of voluntary separations.--a covered entity may redeploy or use the full-time equivalent positions vacated by voluntary separations under this section to make other positions available to more critical locations or more critical occupations. sec. . [ u.s.c. ] authority to conduct a demonstration project relating to disciplinary action. (a) in general.--the attorney general and the secretary may each, during a period ending not later than years after the date of the enactment of this act, conduct a demonstration project for the purpose of determining whether one or more changes in the policies or procedures relating to methods for disciplining employees would result in improved personnel management. (b) scope.--a demonstration project under this section-- ( ) may not cover any employees apart from those employed in or under a covered entity; and ( ) shall not be limited by any provision of chapter , , or of title , united states code. (c) procedures.--under the demonstration project-- ( ) the use of alternative means of dispute resolution (as defined in section of title , united states code) shall be encouraged, whenever appropriate; and ( ) each covered entity under the jurisdiction of the official conducting the project shall be required to provide for the expeditious, fair, and independent review of any action to which section or subchapter ii of chapter of such title would otherwise apply (except an action described in section ( ) of such title ). (d) actions involving discrimination.--notwithstanding any other provision of this section, if, in the case of any matter described in section (a)( )(b) of title , united states code, there is no judicially reviewable action under the demonstration project within days after the filing of an appeal or other formal request for review (referred to in subsection (c)( )), an employee shall be entitled to file a civil action to the same extent and in the same manner as provided in section (e)( ) of such title (in the matter following subparagraph (c) thereof). (e) certain employees.--employees shall not be included within any project under this section if such employees are-- ( ) neither managers nor supervisors; and ( ) within a unit with respect to which a labor organization is accorded exclusive recognition under chapter of title , united states code. notwithstanding the preceding sentence, an aggrieved employee within a unit (referred to in paragraph ( )) may elect to participate in a complaint procedure developed under the demonstration project in lieu of any negotiated grievance procedure and any statutory procedure (as such term is used in section of such title ). (f) reports.--the general accounting office shall prepare and submit to the committees on government reform and the judiciary of the house of representatives and the committees on governmental affairs and the judiciary of the senate periodic reports on any demonstration project conducted under this section, such reports to be submitted after the second and fourth years of its operation. upon request, the attorney general or the secretary shall furnish such information as the general accounting office may require to carry out this subsection. (g) definition.--in this section, the term ``covered entity'' has the meaning given such term in section (a)( ). sec. . [ u.s.c. ] sense of congress. it is the sense of congress that-- ( ) the missions of the bureau of border security and the bureau of citizenship and immigration services are equally important and, accordingly, they each should be adequately funded; and ( ) the functions transferred under this subtitle should not, after such transfers take effect, operate at levels below those in effect prior to the enactment of this act. sec. . [ u.s.c. ] director of shared services. (a) in general.--within the office of deputy secretary, there shall be a director of shared services. (b) functions.--the director of shared services shall be responsible for the coordination of resources for the bureau of border security and the bureau of citizenship and immigration services, including-- ( ) information resources management, including computer databases and information technology; ( ) records and file management; and ( ) forms management. sec. . [ u.s.c. ] separation of funding. (a) in general.--there shall be established separate accounts in the treasury of the united states for appropriated funds and other deposits available for the bureau of citizenship and immigration services and the bureau of border security. (b) separate budgets.--to ensure that the bureau of citizenship and immigration services and the bureau of border security are funded to the extent necessary to fully carry out their respective functions, the director of the office of management and budget shall separate the budget requests for each such entity. (c) fees.--fees imposed for a particular service, application, or benefit shall be deposited into the account established under subsection (a) that is for the bureau with jurisdiction over the function to which the fee relates. (d) fees not transferable.--no fee may be transferred between the bureau of citizenship and immigration services and the bureau of border security for purposes not authorized by section of the immigration and nationality act ( u.s.c. ). sec. . [ u.s.c. ] reports and implementation plans. (a) division of funds.--the secretary, not later than days after the effective date of this act, shall submit to the committees on appropriations and the judiciary of the house of representatives and of the senate a report on the proposed division and transfer of funds, including unexpended funds, appropriations, and fees, between the bureau of citizenship and immigration services and the bureau of border security. (b) division of personnel.--the secretary, not later than days after the effective date of this act, shall submit to the committees on appropriations and the judiciary of the house of representatives and of the senate a report on the proposed division of personnel between the bureau of citizenship and immigration services and the bureau of border security. (c) implementation plan.-- ( ) in general.--the secretary, not later than days after the effective date of this act, and every months thereafter until the termination of fiscal year , shall submit to the committees on appropriations and the judiciary of the house of representatives and of the senate an implementation plan to carry out this act. ( ) contents.--the implementation plan should include details concerning the separation of the bureau of citizenship and immigration services and the bureau of border security, including the following: (a) organizational structure, including the field structure. (b) chain of command. (c) procedures for interaction among such bureaus. (d) fraud detection and investigation. (e) the processing and handling of removal proceedings, including expedited removal and applications for relief from removal. (f) recommendations for conforming amendments to the immigration and nationality act ( u.s.c. et seq.). (g) establishment of a transition team. (h) methods to phase in the costs of separating the administrative support systems of the immigration and naturalization service in order to provide for separate administrative support systems for the bureau of citizenship and immigration services and the bureau of border security. (d) comptroller general studies and reports.-- ( ) status reports on transition.--not later than months after the date on which the transfer of functions specified under section takes effect, and every months thereafter, until full implementation of this subtitle has been completed, the comptroller general of the united states shall submit to the committees on appropriations and on the judiciary of the house of representatives and the senate a report containing the following: (a) a determination of whether the transfers of functions made by subtitles d and e have been completed, and if a transfer of functions has not taken place, identifying the reasons why the transfer has not taken place. (b) if the transfers of functions made by subtitles d and e have been completed, an identification of any issues that have arisen due to the completed transfers. (c) an identification of any issues that may arise due to any future transfer of functions. ( ) report on management.--not later than years after the date on which the transfer of functions specified under section takes effect, the comptroller general of the united states shall submit to the committees on appropriations and on the judiciary of the house of representatives and the senate a report, following a study, containing the following: (a) determinations of whether the transfer of functions from the immigration and naturalization service to the bureau of citizenship and immigration services and the bureau of border security have improved, with respect to each function transferred, the following: (i) operations. (ii) management, including accountability and communication. (iii) financial administration. (iv) recordkeeping, including information management and technology. (b) a statement of the reasons for the determinations under subparagraph (a). (c) any recommendations for further improvements to the bureau of citizenship and immigration services and the bureau of border security. ( ) report on fees.--not later than year after the date of the enactment of this act, the comptroller general of the united states shall submit to the committees on the judiciary of the house of representatives and of the senate a report examining whether the bureau of citizenship and immigration services is likely to derive sufficient funds from fees to carry out its functions in the absence of appropriated funds. sec. . [ u.s.c. ] immigration functions. (a) annual report.-- ( ) in general.--one year after the date of the enactment of this act, and each year thereafter, the secretary shall submit a report to the president, to the committees on the judiciary and government reform of the house of representatives, and to the committees on the judiciary and government affairs of the senate, on the impact the transfers made by this subtitle has had on immigration functions. ( ) matter included.--the report shall address the following with respect to the period covered by the report: (a) the aggregate number of all immigration applications and petitions received, and processed, by the department. (b) region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type. (c) the quantity of backlogged immigration applications and petitions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog. (d) the average processing period for immigration applications and petitions, disaggregated by application or petition type. (e) the number and types of immigration- related grievances filed with any official of the department of justice, and if those grievances were resolved. (f) plans to address grievances and improve immigration services. (g) whether immigration-related fees were used consistent with legal requirements regarding such use. (h) whether immigration-related questions conveyed by customers to the department (whether conveyed in person, by telephone, or by means of the internet) were answered effectively and efficiently. (b) sense of congress regarding immigration services.--it is the sense of congress that-- ( ) the quality and efficiency of immigration services rendered by the federal government should be improved after the transfers made by this subtitle take effect; and ( ) the secretary should undertake efforts to guarantee that concerns regarding the quality and efficiency of immigration services are addressed after such effective date. title v--national emergency management sec. . [ u.s.c. ] definitions. in this title-- ( ) the term ``administrator'' means the administrator of the agency; ( ) the term ``agency'' means the federal emergency management agency; ( ) the term ``catastrophic incident'' means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area; ( ) the terms ``credentialed'' and ``credentialing'' mean having provided, or providing, respectively, documentation that identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under section ; ( ) the term ``federal coordinating officer'' means a federal coordinating officer as described in section of the robert t. stafford disaster relief and emergency assistance act ( u.s.c. ); ( ) the term ``interoperable'' has the meaning given the term ``interoperable communications'' under section (g)( ) of the intelligence reform and terrorism prevention act of ( u.s.c. (g)( )); ( ) the term ``national incident management system'' means a system to enable effective, efficient, and collaborative incident management; ( ) the term ``national response plan'' means the national response plan or any successor plan prepared under section (a)( ); ( ) the term ``regional administrator'' means a regional administrator appointed under section ; ( ) the term ``regional office'' means a regional office established under section ; ( ) the term ``resources'' means personnel and major items of equipment, supplies, and facilities available or potentially available for responding to a natural disaster, act of terrorism, or other man-made disaster; ( ) the term ``surge capacity'' means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic incident; ( ) the term ``tribal government'' means the government of any entity described in section ( )(b); and ( ) the terms ``typed'' and ``typing'' mean having evaluated, or evaluating, respectively, a resource in accordance with standards created under section . sec. . [ u.s.c. ] definition. in this title, the term ``nuclear incident response team'' means a resource that includes-- ( ) those entities of the department of energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the radiation emergency assistance center/training site (reac/ts), radiological assistance functions, and related functions; and ( ) those entities of the environmental protection agency that perform such support functions (including radiological emergency response functions) and related functions. sec. . [ u.s.c. ] federal emergency management agency. (a) in general.--there is in the department the federal emergency management agency, headed by an administrator. (b) mission.-- ( ) primary mission.--the primary mission of the agency is to reduce the loss of life and property and protect the nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation. ( ) specific activities.--in support of the primary mission of the agency, the administrator shall-- (a) lead the nation's efforts to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other man- made disasters, including catastrophic incidents; (b) partner with state, local, and tribal governments and emergency response providers, with other federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the nation's resources to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; (c) develop a federal response capability that, when necessary and appropriate, can act effectively and rapidly to deliver assistance essential to saving lives or protecting or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made disaster; (d) integrate the agency's emergency preparedness, protection, response, recovery, and mitigation responsibilities to confront effectively the challenges of a natural disaster, act of terrorism, or other man-made disaster; (e) develop and maintain robust regional offices that will work with state, local, and tribal governments, emergency response providers, and other appropriate entities to identify and address regional priorities; (f) under the leadership of the secretary, coordinate with the commandant of the coast guard, the director of customs and border protection, the director of immigration and customs enforcement, the national operations center, and other agencies and offices in the department to take full advantage of the substantial range of resources in the department; (g) provide funding, training, exercises, technical assistance, planning, and other assistance to build tribal, local, state, regional, and national capabilities (including communications capabilities), necessary to respond to a natural disaster, act of terrorism, or other man-made disaster; and (h) develop and coordinate the implementation of a risk-based, all-hazards strategy for preparedness that builds those common capabilities necessary to respond to natural disasters, acts of terrorism, and other man-made disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest risk to our nation. (c) administrator.-- ( ) in general.--the administrator shall be appointed by the president, by and with the advice and consent of the senate. ( ) qualifications.--the administrator shall be appointed from among individuals who have-- (a) a demonstrated ability in and knowledge of emergency management and homeland security; and (b) not less than years of executive leadership and management experience in the public or private sector. ( ) reporting.--the administrator shall report to the secretary, without being required to report through any other official of the department. ( ) principal advisor on emergency management.-- (a) in general.--the administrator is the principal advisor to the president, the homeland security council, and the secretary for all matters relating to emergency management in the united states. (b) advice and recommendations.-- (i) in general.--in presenting advice with respect to any matter to the president, the homeland security council, or the secretary, the administrator shall, as the administrator considers appropriate, inform the president, the homeland security council, or the secretary, as the case may be, of the range of emergency preparedness, protection, response, recovery, and mitigation options with respect to that matter. (ii) advice on request.--the administrator, as the principal advisor on emergency management, shall provide advice to the president, the homeland security council, or the secretary on a particular matter when the president, the homeland security council, or the secretary requests such advice. (iii) recommendations to congress.--after informing the secretary, the administrator may make such recommendations to congress relating to emergency management as the administrator considers appropriate. ( ) cabinet status.-- (a) in general.--the president may designate the administrator to serve as a member of the cabinet in the event of natural disasters, acts of terrorism, or other man-made disasters. (b) retention of authority.--nothing in this paragraph shall be construed as affecting the authority of the secretary under this act. sec. . [ u.s.c. ] authority and responsibilities. (a) in general.--the administrator shall provide federal leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including-- ( ) helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and other emergencies; ( ) with respect to the nuclear incident response team (regardless of whether it is operating as an organizational unit of the department pursuant to this title)-- (a) establishing standards and certifying when those standards have been met; (b) conducting joint and other exercises and training and evaluating performance; and (c) providing funds to the department of energy and the environmental protection agency, as appropriate, for homeland security planning, exercises and training, and equipment; ( ) providing the federal government's response to terrorist attacks and major disasters, including-- (a) managing such response; (b) directing the domestic emergency support team, the national disaster medical system, \ \ and (when operating as an organizational unit of the department pursuant to this title) the nuclear incident response team; --------------------------------------------------------------------------- \ \ the phrase ``, the national disaster medical system,'' in subsection (a)( )(b) probably should not appear. section (c)( ) of public law - ( stat. ) provides for an amendment to the homeland security act of as follows: ( ) in section ( )(b), by striking ``, the national --------------------------------------------------------------------------- disaster medical system,''; and the amendment was not executed because section of the homeland security act of was redesignated as section by section ( ) of public law - ( stat ). --------------------------------------------------------------------------- (c) overseeing the metropolitan medical response system; and (d) coordinating other federal response resources, including requiring deployment of the strategic national stockpile, in the event of a terrorist attack or major disaster; ( ) aiding the recovery from terrorist attacks and major disasters; ( ) building a comprehensive national incident management system with federal, state, and local government personnel, agencies, and authorities, to respond to such attacks and disasters; ( ) consolidating existing federal government emergency response plans into a single, coordinated national response plan; ( ) helping ensure the acquisition of operable and interoperable communications capabilities by federal, state, local, and tribal governments and emergency response providers; ( ) assisting the president in carrying out the functions under the robert t. stafford disaster relief and emergency assistance act ( u.s.c. et seq.) and carrying out all functions and authorities given to the administrator under that act; ( ) carrying out the mission of the agency to reduce the loss of life and property and protect the nation from all hazards by leading and supporting the nation in a risk-based, comprehensive emergency management system of-- (a) mitigation, by taking sustained actions to reduce or eliminate long-term risks to people and property from hazards and their effects; (b) preparedness, by planning, training, and building the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from any hazard; (c) response, by conducting emergency operations to save lives and property through positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; and (d) recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards; ( ) increasing efficiencies, by coordinating efforts relating to preparedness, protection, response, recovery, and mitigation; ( ) helping to ensure the effectiveness of emergency response providers in responding to a natural disaster, act of terrorism, or other man-made disaster; ( ) supervising grant programs administered by the agency; ( ) administering and ensuring the implementation of the national response plan, including coordinating and ensuring the readiness of each emergency support function under the national response plan; ( ) coordinating with the national advisory council established under section ; ( ) preparing and implementing the plans and programs of the federal government for-- (a) continuity of operations; (b) continuity of government; and (c) continuity of plans; ( ) minimizing, to the extent practicable, overlapping planning and reporting requirements applicable to state, local, and tribal governments and the private sector; ( ) maintaining and operating within the agency the national response coordination center or its successor; ( ) developing a national emergency management system that is capable of preparing for, protecting against, responding to, recovering from, and mitigating against catastrophic incidents; ( ) assisting the president in carrying out the functions under the national preparedness goal and the national preparedness system and carrying out all functions and authorities of the administrator under the national preparedness system; ( ) carrying out all authorities of the federal emergency management agency and the directorate of preparedness of the department as transferred under section ; and ( ) otherwise carrying out the mission of the agency as described in section (b). (b) all-hazards approach.--in carrying out the responsibilities under this section, the administrator shall coordinate the implementation of a risk-based, all-hazards strategy that builds those common capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against natural disasters, acts of terrorism, and other man-made disasters, while also building the unique capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against the risks of specific types of incidents that pose the greatest risk to the nation. sec. . [ u.s.c. ] functions transferred. (a) in general.--except as provided in subsection (b), there are transferred to the agency the following: ( ) all functions of the federal emergency management agency, including existing responsibilities for emergency alert systems and continuity of operations and continuity of government plans and programs as constituted on june , , including all of its personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the under secretary for federal emergency management relating thereto. ( ) the directorate of preparedness, as constituted on june , , including all of its functions, personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the under secretary for preparedness relating thereto. (b) exceptions.--the following within the preparedness directorate shall not be transferred: ( ) the office of infrastructure protection. ( ) the national communications system. ( ) the national cybersecurity division. ( ) the office of the chief medical officer. ( ) the functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs ( ) through ( ). sec. . [ u.s.c. ] preserving the federal emergency management agency. (a) distinct entity.--the agency shall be maintained as a distinct entity within the department. (b) reorganization.--section shall not apply to the agency, including any function or organizational unit of the agency. (c) prohibition on changes to missions.-- ( ) in general.--the secretary may not substantially or significantly reduce the authorities, responsibilities, or functions of the agency or the capability of the agency to perform those missions, authorities, responsibilities, except as otherwise specifically provided in an act enacted after the date of enactment of the post-katrina emergency management reform act of . ( ) certain transfers prohibited.--no asset, function, or mission of the agency may be diverted to the principal and continuing use of any other organization, unit, or entity of the department, except for details or assignments that do not reduce the capability of the agency to perform its missions. (d) reprogramming and transfer of funds.--in reprogramming or transferring funds, the secretary shall comply with any applicable provisions of any act making appropriations for the department for fiscal year , or any succeeding fiscal year, relating to the reprogramming or transfer of funds. sec. . [ u.s.c. ] regional offices. (a) in general.--there are in the agency regional offices, as identified by the administrator. (b) management of regional offices.-- ( ) regional administrator.--each regional office shall be headed by a regional administrator who shall be appointed by the administrator, after consulting with state, local, and tribal government officials in the region. each regional administrator shall report directly to the administrator and be in the senior executive service. ( ) qualifications.-- (a) in general.--each regional administrator shall be appointed from among individuals who have a demonstrated ability in and knowledge of emergency management and homeland security. (b) considerations.--in selecting a regional administrator for a regional office, the administrator shall consider the familiarity of an individual with the geographical area and demographic characteristics of the population served by such regional office. (c) responsibilities.-- ( ) in general.--the regional administrator shall work in partnership with state, local, and tribal governments, emergency managers, emergency response providers, medical providers, the private sector, nongovernmental organizations, multijurisdictional councils of governments, and regional planning commissions and organizations in the geographical area served by the regional office to carry out the responsibilities of a regional administrator under this section. ( ) responsibilities.--the responsibilities of a regional administrator include-- (a) ensuring effective, coordinated, and integrated regional preparedness, protection, response, recovery, and mitigation activities and programs for natural disasters, acts of terrorism, and other man-made disasters (including planning, training, exercises, and professional development); (b) assisting in the development of regional capabilities needed for a national catastrophic response system; (c) coordinating the establishment of effective regional operable and interoperable emergency communications capabilities; (d) staffing and overseeing or more strike teams within the region under subsection (f), to serve as the focal point of the federal government's initial response efforts for natural disasters, acts of terrorism, and other man-made disasters within that region, and otherwise building federal response capabilities to respond to natural disasters, acts of terrorism, and other man-made disasters within that region; (e) designating an individual responsible for the development of strategic and operational regional plans in support of the national response plan; (f) fostering the development of mutual aid and other cooperative agreements; (g) identifying critical gaps in regional capabilities to respond to populations with special needs; (h) maintaining and operating a regional response coordination center or its successor; (i) coordinating with the private sector to help ensure private sector preparedness for natural disasters, acts of terrorism, and other man-made disasters; (j) assisting state, local, and tribal governments, where appropriate, to preidentify and evaluate suitable sites where a multijurisdictional incident command system may quickly be established and operated from, if the need for such a system arises; and (k) performing such other duties relating to such responsibilities as the administrator may require. ( ) training and exercise requirements.-- (a) training.--the administrator shall require each regional administrator to undergo specific training periodically to complement the qualifications of the regional administrator. such training, as appropriate, shall include training with respect to the national incident management system, the national response plan, and such other subjects as determined by the administrator. (b) exercises.--the administrator shall require each regional administrator to participate as appropriate in regional and national exercises. (d) area offices.-- ( ) in general.--there is an area office for the pacific and an area office for the caribbean, as components in the appropriate regional offices. ( ) alaska.--the administrator shall establish an area office in alaska, as a component in the appropriate regional office. (e) regional advisory council.-- ( ) establishment.--each regional administrator shall establish a regional advisory council. ( ) nominations.--a state, local, or tribal government located within the geographic area served by the regional office may nominate officials, including adjutants general and emergency managers, to serve as members of the regional advisory council for that region. ( ) responsibilities.--each regional advisory council shall-- (a) advise the regional administrator on emergency management issues specific to that region; (b) identify any geographic, demographic, or other characteristics peculiar to any state, local, or tribal government within the region that might make preparedness, protection, response, recovery, or mitigation more complicated or difficult; and (c) advise the regional administrator of any weaknesses or deficiencies in preparedness, protection, response, recovery, and mitigation for any state, local, and tribal government within the region of which the regional advisory council is aware. (f) regional office strike teams.-- ( ) in general.--in coordination with other relevant federal agencies, each regional administrator shall oversee multi-agency strike teams authorized under section of the robert t. stafford disaster relief and emergency assistance act ( u.s.c. ) that shall consist of-- (a) a designated federal coordinating officer; (b) personnel trained in incident management; (c) public affairs, response and recovery, and communications support personnel; (d) a defense coordinating officer; (e) liaisons to other federal agencies; (f) such other personnel as the administrator or regional administrator determines appropriate; and (g) individuals from the agencies with primary responsibility for each of the emergency support functions in the national response plan. ( ) other duties.--the duties of an individual assigned to a regional office strike team from another relevant agency when such individual is not functioning as a member of the strike team shall be consistent with the emergency preparedness activities of the agency that employs such individual. ( ) location of members.--the members of each regional office strike team, including representatives from agencies other than the department, shall be based primarily within the region that corresponds to that strike team. ( ) coordination.--each regional office strike team shall coordinate the training and exercises of that strike team with the state, local, and tribal governments and private sector and nongovernmental entities which the strike team shall support when a natural disaster, act of terrorism, or other man-made disaster occurs. ( ) preparedness.--each regional office strike team shall be trained as a unit on a regular basis and equipped and staffed to be well prepared to respond to natural disasters, acts of terrorism, and other man- made disasters, including catastrophic incidents. ( ) authorities.--if the administrator determines that statutory authority is inadequate for the preparedness and deployment of individuals in strike teams under this subsection, the administrator shall report to congress regarding the additional statutory authorities that the administrator determines are necessary. sec. . [ u.s.c. ] national advisory council. (a) establishment.--not later than days after the date of enactment of the post-katrina emergency management reform act of , the secretary shall establish an advisory body under section (a) to ensure effective and ongoing coordination of federal preparedness, protection, response, recovery, and mitigation for natural disasters, acts of terrorism, and other man-made disasters, to be known as the national advisory council. (b) responsibilities.-- ( ) in general.--the national advisory council shall advise the administrator on all aspects of emergency management. the national advisory council shall incorporate state, local, and tribal government and private sector input in the development and revision of the national preparedness goal, the national preparedness system, the national incident management system, the national response plan, and other related plans and strategies. ( ) consultation on grants.--to ensure input from and coordination with state, local, and tribal governments and emergency response providers, the administrator shall regularly consult and work with the national advisory council on the administration and assessment of grant programs administered by the department, including with respect to the development of program guidance and the development and evaluation of risk-assessment methodologies, as appropriate. (c) membership.-- ( ) in general.--the members of the national advisory council shall be appointed by the administrator, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of officials, emergency managers, and emergency response providers from state, local, and tribal governments, the private sector, and nongovernmental organizations, including as appropriate-- (a) members selected from the emergency management field and emergency response providers, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency management personnel, or organizations representing such individuals; (b) health scientists, emergency and inpatient medical providers, and public health professionals; (c) experts from federal, state, local, and tribal governments, and the private sector, representing standards-setting and accrediting organizations, including representatives from the voluntary consensus codes and standards development community, particularly those with expertise in the emergency preparedness and response field; (d) state, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation, including adjutants general; (e) elected state, local, and tribal government executives; (f) experts in public and private sector infrastructure protection, cybersecurity, and communications; (g) representatives of individuals with disabilities and other populations with special needs; and (h) such other individuals as the administrator determines to be appropriate. ( ) coordination with the departments of health and human services and transportation.--in the selection of members of the national advisory council who are health or emergency medical services professionals, the administrator shall work with the secretary of health and human services and the secretary of transportation. ( ) ex officio members.--the administrator shall designate or more officers of the federal government to serve as ex officio members of the national advisory council. ( ) terms of office.-- (a) in general.--except as provided in subparagraph (b), the term of office of each member of the national advisory council shall be years. (b) initial appointments.--of the members initially appointed to the national advisory council-- (i) one-third shall be appointed for a term of year; and (ii) one-third shall be appointed for a term of years. (d) applicability of federal advisory committee act.-- ( ) in general.--notwithstanding section (a) and subject to paragraph ( ), the federal advisory committee act ( u.s.c. app.), including subsections (a), (b), and (d) of section of such act, and section b(c) of title , united states code, shall apply to the national advisory council. ( ) termination.--section (a)( ) of the federal advisory committee act ( u.s.c. app.) shall not apply to the national advisory council. sec. . [ u.s.c. ] national integration center. (a) in general.--there is established in the agency a national integration center. (b) responsibilities.-- ( ) in general.--the administrator, through the national integration center, and in consultation with other federal departments and agencies and the national advisory council, shall ensure ongoing management and maintenance of the national incident management system, the national response plan, and any successor to such system or plan. ( ) specific responsibilities.--the national integration center shall periodically review, and revise as appropriate, the national incident management system and the national response plan, including-- (a) establishing, in consultation with the director of the corporation for national and community service, a process to better use volunteers and donations; (b) improving the use of federal, state, local, and tribal resources and ensuring the effective use of emergency response providers at emergency scenes; and (c) revising the catastrophic incident annex, finalizing and releasing the catastrophic incident supplement to the national response plan, and ensuring that both effectively address response requirements in the event of a catastrophic incident. (c) incident management.-- ( ) in general.-- (a) national response plan.--the secretary, acting through the administrator, shall ensure that the national response plan provides for a clear chain of command to lead and coordinate the federal response to any natural disaster, act of terrorism, or other man-made disaster. (b) administrator.--the chain of the command specified in the national response plan shall-- (i) provide for a role for the administrator consistent with the role of the administrator as the principal emergency management advisor to the president, the homeland security council, and the secretary under section (c)( ) and the responsibility of the administrator under the post-katrina emergency management reform act of , and the amendments made by that act, relating to natural disasters, acts of terrorism, and other man-made disasters; and (ii) provide for a role for the federal coordinating officer consistent with the responsibilities under section (b) of the robert t. stafford disaster relief and emergency assistance act ( u.s.c. (b)). ( ) principal federal official.--the principal federal official (or the successor thereto) shall not-- (a) direct or replace the incident command structure established at the incident; or (b) have directive authority over the senior federal law enforcement official, federal coordinating officer, or other federal and state officials. sec. . [ u.s.c. ] credentialing and typing. (a) in general.--the administrator shall enter into a memorandum of understanding with the administrators of the emergency management assistance compact, state, local, and tribal governments, and organizations that represent emergency response providers, to collaborate on developing standards for deployment capabilities, including for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to natural disasters, acts of terrorism, and other man-made disasters. (b) distribution.-- ( ) in general.--not later than year after the date of enactment of the implementing recommendations of the / commission act of , the administrator shall provide the standards developed under subsection (a), including detailed written guidance, to-- (a) each federal agency that has responsibilities under the national response plan to aid that agency with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster; and (b) state, local, and tribal governments, to aid such governments with credentialing and typing of state, local, and tribal incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster. ( ) assistance.--the administrator shall provide expertise and technical assistance to aid federal, state, local, and tribal government agencies with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster. (c) credentialing and typing of personnel.--not later than months after receiving the standards provided under subsection (b), each federal agency with responsibilities under the national response plan shall ensure that incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other manmade disaster are credentialed and typed in accordance with this section. (d) consultation on health care standards.--in developing standards for credentialing health care professionals under this section, the administrator shall consult with the secretary of health and human services. sec. . [ u.s.c. ] the national infrastructure simulation and analysis center. (a) definition.--in this section, the term ``national infrastructure simulation and analysis center'' means the national infrastructure simulation and analysis center established under section (d) of the usa patriot act ( u.s.c. c(d)). (b) authority.-- ( ) in general.--there is in the department the national infrastructure simulation and analysis center which shall serve as a source of national expertise to address critical infrastructure protection and continuity through support for activities related to-- (a) counterterrorism, threat assessment, and risk mitigation; and (b) a natural disaster, act of terrorism, or other man-made disaster. ( ) infrastructure modeling.-- (a) particular support.--the support provided under paragraph ( ) shall include modeling, simulation, and analysis of the systems and assets comprising critical infrastructure, in order to enhance preparedness, protection, response, recovery, and mitigation activities. (b) relationship with other agencies.--each federal agency and department with critical infrastructure responsibilities under homeland security presidential directive , or any successor to such directive, shall establish a formal relationship, including an agreement regarding information sharing, between the elements of such agency or department and the national infrastructure simulation and analysis center, through the department. (c) purpose.-- (i) in general.--the purpose of the relationship under subparagraph (b) shall be to permit each federal agency and department described in subparagraph (b) to take full advantage of the capabilities of the national infrastructure simulation and analysis center (particularly vulnerability and consequence analysis), consistent with its work load capacity and priorities, for real-time response to reported and projected natural disasters, acts of terrorism, and other man-made disasters. (ii) recipient of certain support.--modeling, simulation, and analysis provided under this subsection shall be provided to relevant federal agencies and departments, including federal agencies and departments with critical infrastructure responsibilities under homeland security presidential directive , or any successor to such directive. sec. . [ u.s.c. a] evacuation plans and exercises. (a) in general.--notwithstanding any other provision of law, and subject to subsection (d), grants made to states or local or tribal governments by the department through the state homeland security grant program or the urban area security initiative may be used to-- ( ) establish programs for the development and maintenance of mass evacuation plans under subsection (b) in the event of a natural disaster, act of terrorism, or other man-made disaster; ( ) prepare for the execution of such plans, including the development of evacuation routes and the purchase and stockpiling of necessary supplies and shelters; and ( ) conduct exercises of such plans. (b) plan development.--in developing the mass evacuation plans authorized under subsection (a), each state, local, or tribal government shall, to the maximum extent practicable-- ( ) establish incident command and decision making processes; ( ) ensure that state, local, and tribal government plans, including evacuation routes, are coordinated and integrated; ( ) identify primary and alternative evacuation routes and methods to increase evacuation capabilities along such routes such as conversion of two-way traffic to one-way evacuation routes; ( ) identify evacuation transportation modes and capabilities, including the use of mass and public transit capabilities, and coordinating and integrating evacuation plans for all populations including for those individuals located in hospitals, nursing homes, and other institutional living facilities; ( ) develop procedures for informing the public of evacuation plans before and during an evacuation, including individuals-- (a) with disabilities or other special needs, including the elderly; (b) with limited english proficiency; or (c) who might otherwise have difficulty in obtaining such information; and ( ) identify shelter locations and capabilities. (c) assistance.-- ( ) in general.--the administrator may establish any guidelines, standards, or requirements determined appropriate to administer this section and to ensure effective mass evacuation planning for state, local, and tribal areas. ( ) requested assistance.--the administrator shall make assistance available upon request of a state, local, or tribal government to assist hospitals, nursing homes, and other institutions that house individuals with special needs to establish, maintain, and exercise mass evacuation plans that are coordinated and integrated into the plans developed by that state, local, or tribal government under this section. (d) multipurpose funds.--nothing in this section may be construed to preclude a state, local, or tribal government from using grant funds in a manner that enhances preparedness for a natural or man-made disaster unrelated to an act of terrorism, if such use assists such government in building capabilities for terrorism preparedness. sec. . [ u.s.c. b] disability coordinator. (a) in general.--after consultation with organizations representing individuals with disabilities, the national council on disabilities, and the interagency coordinating council on preparedness and individuals with disabilities, established under executive order no. ( u.s.c. note), the administrator shall appoint a disability coordinator. the disability coordinator shall report directly to the administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. (b) responsibilities.--the disability coordinator shall be responsible for-- ( ) providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man- made disaster; ( ) interacting with the staff of the agency, the national council on disabilities, the interagency coordinating council on preparedness and individuals with disabilities established under executive order no. ( u.s.c. note), other agencies of the federal government, and state, local, and tribal government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; ( ) consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; ( ) ensuring the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities; ( ) ensuring the development of training materials and a curriculum for training of emergency response providers, state, local, and tribal government officials, and others on the needs of individuals with disabilities; ( ) promoting the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief; ( ) working to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities; ( ) ensuring the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; ( ) providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected; ( ) ensuring that meeting the needs of individuals with disabilities are included in the components of the national preparedness system established under section of the post-katrina emergency management reform act of ; and ( ) any other duties as assigned by the administrator. sec. . [ u.s.c. c] department and agency officials. (a) deputy administrators.--the president may appoint, by and with the advice and consent of the senate, not more than deputy administrators to assist the administrator in carrying out this title. (b) cybersecurity and communications.--there is in the department an assistant secretary for cybersecurity and communications. (c) united states fire administration.--the administrator of the united states fire administration shall have a rank equivalent to an assistant secretary of the department. sec. . [ u.s.c. d] national operations center. (a) definition.--in this section, the term ``situational awareness'' means information gathered from a variety of sources that, when communicated to emergency managers and decision makers, can form the basis for incident management decisionmaking. (b) establishment.--the national operations center is the principal operations center for the department and shall-- ( ) provide situational awareness and a common operating picture for the entire federal government, and for state, local, and tribal governments as appropriate, in the event of a natural disaster, act of terrorism, or other man-made disaster; and ( ) ensure that critical terrorism and disaster- related information reaches government decision-makers. (c) state and local fire service representation.-- ( ) establishment of position.--the secretary shall, in consultation with the administrator of the united states fire administration, establish a fire service position at the national operations center established under subsection (b) to ensure the effective sharing of information between the federal government and state and local fire services. ( ) designation of position.--the secretary shall designate, on a rotating basis, a state or local fire service official for the position described in paragraph ( ). ( ) management.--the secretary shall manage the position established pursuant to paragraph ( ) in accordance with such rules, regulations, and practices as govern other similar rotating positions at the national operations center. sec. . [ u.s.c. e] chief medical officer. (a) in general.--there is in the department a chief medical officer, who shall be appointed by the president, by and with the advice and consent of the senate. (b) qualifications.--the individual appointed as chief medical officer shall possess a demonstrated ability in and knowledge of medicine and public health. (c) responsibilities.--the chief medical officer shall have the primary responsibility within the department for medical issues related to natural disasters, acts of terrorism, and other man-made disasters, including-- ( ) serving as the principal advisor to the secretary and the administrator on medical and public health issues; ( ) coordinating the biodefense activities of the department; ( ) ensuring internal and external coordination of all medical preparedness and response activities of the department, including training, exercises, and equipment support; ( ) serving as the department's primary point of contact with the department of agriculture, the department of defense, the department of health and human services, the department of transportation, the department of veterans affairs, and other federal departments or agencies, on medical and public health issues; ( ) serving as the department's primary point of contact for state, local, and tribal governments, the medical community, and others within and outside the department, with respect to medical and public health matters; ( ) discharging, in coordination with the under secretary for science and technology, the responsibilities of the department related to project bioshield; and ( ) performing such other duties relating to such responsibilities as the secretary may require. sec. . [ u.s.c. f] nuclear incident response. (a) in general.--at the direction of the secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the united states), the nuclear incident response team shall operate as an organizational unit of the department. while so operating, the nuclear incident response team shall be subject to the direction, authority, and control of the secretary. (b) rule of construction.--nothing in this title shall be construed to limit the ordinary responsibility of the secretary of energy and the administrator of the environmental protection agency for organizing, training, equipping, and utilizing their respective entities in the nuclear incident response team, or (subject to the provisions of this title) from exercising direction, authority, and control over them when they are not operating as a unit of the department. sec. . [ u.s.c. g] conduct of certain public health-related activities. (a) in general.--with respect to all public health-related activities to improve state, local, and hospital preparedness and response to chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the department of health and human services (including the public health service), the secretary of health and human services shall set priorities and preparedness goals and further develop a coordinated strategy for such activities in collaboration with the secretary. (b) evaluation of progress.--in carrying out subsection (a), the secretary of health and human services shall collaborate with the secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection. sec. . [ u.s.c. h] use of national private sector networks in emergency response. to the maximum extent practicable, the secretary shall use national private sector networks and infrastructure for emergency response to chemical, biological, radiological, nuclear, or explosive disasters, and other major disasters. sec. . [ u.s.c. i] use of commercially available technology, goods, and services. it is the sense of congress that-- ( ) the secretary should, to the maximum extent possible, use off-the-shelf commercially developed technologies to ensure that the department's information technology systems allow the department to collect, manage, share, analyze, and disseminate information securely over multiple channels of communication; and ( ) in order to further the policy of the united states to avoid competing commercially with the private sector, the secretary should rely on commercial sources to supply the goods and services needed by the department. sec. . [ u.s.c. j] procurement of security countermeasures for strategic national stockpile. (a) authorization of appropriations.--for the procurement of security countermeasures under section f- (c) of the public health service act (referred to in this section as the ``security countermeasures program''), there is authorized to be appropriated up to $ , , , for the fiscal years through . of the amounts appropriated under the preceding sentence, not to exceed $ , , , may be obligated during the fiscal years through , of which not to exceed $ , , may be obligated during fiscal year . none of the funds made available under this subsection shall be used to procure countermeasures to diagnose, mitigate, prevent, or treat harm resulting from any naturally occurring infectious disease or other public health threat that are not security countermeasures under section f- (c)( )(b). \ \ --------------------------------------------------------------------------- \ \ the last sentence in section (a) was added to reflect the probable intent of congress. section (c) of public law - ( stat. ) provides as follows: (c) limitation on use of funds.--section (a) of the homeland security act of ( u.s.c. (a)) is amended by adding at the end the following: ``none of the funds made available under this subsection shall be used to procure countermeasures to diagnose, mitigate, prevent, or treat harm resulting from any naturally occurring infectious disease or other public health threat that are not security countermeasures under section f- (c)( )(b).''. section of the homeland security act of was redesignated as section by section ( ) of public law - ( stat. ). --------------------------------------------------------------------------- (b) special reserve fund.--for purposes of the security countermeasures program, the term ``special reserve fund'' means the ``biodefense countermeasures'' appropriations account or any other appropriation made under subsection (a). (c) availability.--amounts appropriated under subsection (a) become available for a procurement under the security countermeasures program only upon the approval by the president of such availability for the procurement in accordance with paragraph ( )(b) of such program. (d) related authorizations of appropriations.-- ( ) threat assessment capabilities.--for the purpose of carrying out the responsibilities of the secretary for terror threat assessment under the security countermeasures program, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years through , for the hiring of professional personnel within the office of intelligence and analysis, who shall be analysts responsible for chemical, biological, radiological, and nuclear threat assessment (including but not limited to analysis of chemical, biological, radiological, and nuclear agents, the means by which such agents could be weaponized or used in a terrorist attack, and the capabilities, plans, and intentions of terrorists and other non-state actors who may have or acquire such agents). all such analysts shall meet the applicable standards and qualifications for the performance of intelligence activities promulgated by the director of central intelligence pursuant to section of the national security act of . ( ) intelligence sharing infrastructure.--for the purpose of carrying out the acquisition and deployment of secure facilities (including information technology and physical infrastructure, whether mobile and temporary, or permanent) sufficient to permit the secretary to receive, not later than days after the date of enactment of the project bioshield act of , all classified information and products to which the under secretary for intelligence and analysis is entitled under subtitle a of title ii, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years through . sec. . [ u.s.c. k] model standards and guidelines for critical infrastructure workers. (a) in general.--not later than months after the date of enactment of the implementing recommendations of the / commission act of , and in coordination with appropriate national professional organizations, federal, state, local, and tribal government agencies, and private-sector and nongovernmental entities, the administrator shall establish model standards and guidelines for credentialing critical infrastructure workers that may be used by a state to credential critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other man-made disaster. (b) distribution and assistance.--the administrator shall provide the standards developed under subsection (a), including detailed written guidance, to state, local, and tribal governments, and provide expertise and technical assistance to aid such governments with credentialing critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other manmade disaster. sec. . [ u.s.c. l] guidance and recommendations. (a) in general.--consistent with their responsibilities and authorities under law, as of the day before the date of the enactment of this section, the administrator and the assistant secretary for infrastructure protection, in consultation with the private sector, may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in-- ( ) identifying potential hazards and assessing risks and impacts; ( ) mitigating the impact of a wide variety of hazards, including weapons of mass destruction; ( ) managing necessary emergency preparedness and response resources; ( ) developing mutual aid agreements; ( ) developing and maintaining emergency preparedness and response plans, and associated operational procedures; ( ) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures; ( ) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and ( ) developing procedures to respond to requests for information from the media or the public. (b) issuance and promotion.--any guidance or recommendations developed or best practices identified under subsection (a) shall be-- ( ) issued through the administrator; and ( ) promoted by the secretary to the private sector. (c) small business concerns.--in developing guidance or recommendations or identifying best practices under subsection (a), the administrator and the assistant secretary for infrastructure protection shall take into consideration small business concerns (under the meaning given that term in section of the small business act ( u.s.c. )), including any need for separate guidance or recommendations or best practices, as necessary and appropriate. (d) rule of construction.--nothing in this section may be construed to supersede any requirement established under any other provision of law. sec. . [ u.s.c. m] voluntary private sector preparedness accreditation and certification program. (a) establishment.-- ( ) in general.--the secretary, acting through the officer designated under paragraph ( ), shall establish and implement the voluntary private sector preparedness accreditation and certification program in accordance with this section. ( ) designation of officer.--the secretary shall designate an officer responsible for the accreditation and certification program under this section. such officer (hereinafter referred to in this section as the ``designated officer'') shall be one of the following: (a) the administrator, based on consideration of-- (i) the expertise of the administrator in emergency management and preparedness in the united states; and (ii) the responsibilities of the administrator as the principal advisor to the president for all matters relating to emergency management in the united states. (b) the assistant secretary for infrastructure protection, based on consideration of the expertise of the assistant secretary in, and responsibilities for-- (i) protection of critical infrastructure; (ii) risk assessment methodologies; and (iii) interacting with the private sector on the issues described in clauses (i) and (ii). (c) the under secretary for science and technology, based on consideration of the expertise of the under secretary in, and responsibilities associated with, standards. ( ) coordination.--in carrying out the accreditation and certification program under this section, the designated officer shall coordinate with-- (a) the other officers of the department referred to in paragraph ( ), using the expertise and responsibilities of such officers; and (b) the special assistant to the secretary for the private sector, based on consideration of the expertise of the special assistant in, and responsibilities for, interacting with the private sector. (b) voluntary private sector preparedness standards; voluntary accreditation and certification program for the private sector.-- ( ) accreditation and certification program.--not later than days after the date of enactment of the implementing recommendations of the / commission act of , the designated officer shall-- (a) begin supporting the development and updating, as necessary, of voluntary preparedness standards through appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards and voluntary consensus standards development organizations; and (b) in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, each private sector advisory council created under section (f)( ), appropriate representatives of state and local governments, including emergency management officials, and appropriate private sector advisory groups, such as sector coordinating councils and information sharing and analysis centers-- (i) develop and promote a program to certify the preparedness of private sector entities that voluntarily choose to seek certification under the program; and (ii) implement the program under this subsection through any entity with which the designated officer enters into an agreement under paragraph ( )(a), which shall accredit third parties to carry out the certification process under this section. ( ) program elements.-- (a) in general.-- (i) program.--the program developed and implemented under this subsection shall assess whether a private sector entity complies with voluntary preparedness standards. (ii) guidelines.--in developing the program under this subsection, the designated officer shall develop guidelines for the accreditation and certification processes established under this subsection. (b) standards.--the designated officer, in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, representatives of appropriate voluntary consensus standards development organizations, each private sector advisory council created under section (f)( ), appropriate representatives of state and local governments, including emergency management officials, and appropriate private sector advisory groups such as sector coordinating councils and information sharing and analysis centers-- (i) shall adopt one or more appropriate voluntary preparedness standards that promote preparedness, which may be tailored to address the unique nature of various sectors within the private sector, as necessary and appropriate, that shall be used in the accreditation and certification program under this subsection; and (ii) after the adoption of one or more standards under clause (i), may adopt additional voluntary preparedness standards or modify or discontinue the use of voluntary preparedness standards for the accreditation and certification program, as necessary and appropriate to promote preparedness. (c) submission of recommendations.--in adopting one or more standards under subparagraph (b), the designated officer may receive recommendations from any entity described in that subparagraph relating to appropriate voluntary preparedness standards, including appropriate sector specific standards, for adoption in the program. (d) small business concerns.--the designated officer and any entity with which the designated officer enters into an agreement under paragraph ( )(a) shall establish separate classifications and methods of certification for small business concerns (under the meaning given that term in section of the small business act ( u.s.c. )) for the program under this subsection. (e) considerations.--in developing and implementing the program under this subsection, the designated officer shall-- (i) consider the unique nature of various sectors within the private sector, including preparedness standards, business continuity standards, or best practices, established-- (i) under any other provision of federal law; or (ii) by any sector-specific agency, as defined under homeland security presidential directive- ; and (ii) coordinate the program, as appropriate, with-- (i) other department private sector related programs; and (ii) preparedness and business continuity programs in other federal agencies. ( ) accreditation and certification processes.-- (a) agreement.-- (i) in general.--not later than days after the date of enactment of the implementing recommendations of the / commission act of , the designated officer shall enter into one or more agreements with a highly qualified nongovernmental entity with experience or expertise in coordinating and facilitating the development and use of voluntary consensus standards and in managing or implementing accreditation and certification programs for voluntary consensus standards, or a similarly qualified private sector entity, to carry out accreditations and oversee the certification process under this subsection. an entity entering into an agreement with the designated officer under this clause (hereinafter referred to in this section as a ``selected entity'') shall not perform certifications under this subsection. (ii) contents.--a selected entity shall manage the accreditation process and oversee the certification process in accordance with the program established under this subsection and accredit qualified third parties to carry out the certification program established under this subsection. (b) procedures and requirements for accreditation and certification.-- (i) in general.--any selected entity shall collaborate to develop procedures and requirements for the accreditation and certification processes under this subsection, in accordance with the program established under this subsection and guidelines developed under paragraph ( )(a)(ii). (ii) contents and use.--the procedures and requirements developed under clause (i) shall-- (i) ensure reasonable uniformity in any accreditation and certification processes if there is more than one selected entity; and (ii) be used by any selected entity in conducting accreditations and overseeing the certification process under this subsection. (iii) disagreement.--any disagreement among selected entities in developing procedures under clause (i) shall be resolved by the designated officer. (c) designation.--a selected entity may accredit any qualified third party to carry out the certification process under this subsection. (d) disadvantaged business involvement.--in accrediting qualified third parties to carry out the certification process under this subsection, a selected entity shall ensure, to the extent practicable, that the third parties include qualified small, minority, women-owned, or disadvantaged business concerns when appropriate. the term ``disadvantaged business concern'' means a small business that is owned and controlled by socially and economically disadvantaged individuals, as defined in section of title , united states code of federal regulations. (e) treatment of other certifications.--at the request of any entity seeking certification, any selected entity may consider, as appropriate, other relevant certifications acquired by the entity seeking certification. if the selected entity determines that such other certifications are sufficient to meet the certification requirement or aspects of the certification requirement under this section, the selected entity may give credit to the entity seeking certification, as appropriate, to avoid unnecessarily duplicative certification requirements. (f) third parties.--to be accredited under subparagraph (c), a third party shall-- (i) demonstrate that the third party has the ability to certify private sector entities in accordance with the procedures and requirements developed under subparagraph (b); (ii) agree to perform certifications in accordance with such procedures and requirements; (iii) agree not to have any beneficial interest in or any direct or indirect control over-- (i) a private sector entity for which that third party conducts a certification under this subsection; or (ii) any organization that provides preparedness consulting services to private sector entities; (iv) agree not to have any other conflict of interest with respect to any private sector entity for which that third party conducts a certification under this subsection; (v) maintain liability insurance coverage at policy limits in accordance with the requirements developed under subparagraph (b); and (vi) enter into an agreement with the selected entity accrediting that third party to protect any proprietary information of a private sector entity obtained under this subsection. (g) monitoring.-- (i) in general.--the designated officer and any selected entity shall regularly monitor and inspect the operations of any third party conducting certifications under this subsection to ensure that the third party is complying with the procedures and requirements established under subparagraph (b) and all other applicable requirements. (ii) revocation.--if the designated officer or any selected entity determines that a third party is not meeting the procedures or requirements established under subparagraph (b), the selected entity shall-- (i) revoke the accreditation of that third party to conduct certifications under this subsection; and (ii) review any certification conducted by that third party, as necessary and appropriate. ( ) annual review.-- (a) in general.--the designated officer, in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, appropriate representatives of state and local governments, including emergency management officials, and each private sector advisory council created under section (f)( ), shall annually review the voluntary accreditation and certification program established under this subsection to ensure the effectiveness of such program (including the operations and management of such program by any selected entity and the selected entity's inclusion of qualified disadvantaged business concerns under paragraph ( )(d)) and make improvements and adjustments to the program as necessary and appropriate. (b) review of standards.--each review under subparagraph (a) shall include an assessment of the voluntary preparedness standard or standards used in the program under this subsection. ( ) voluntary participation.--certification under this subsection shall be voluntary for any private sector entity. ( ) public listing.--the designated officer shall maintain and make public a listing of any private sector entity certified as being in compliance with the program established under this subsection, if that private sector entity consents to such listing. (c) rule of construction.--nothing in this section may be construed as-- ( ) a requirement to replace any preparedness, emergency response, or business continuity standards, requirements, or best practices established-- (a) under any other provision of federal law; or (b) by any sector-specific agency, as those agencies are defined under homeland security presidential directive- ; or ( ) exempting any private sector entity seeking certification or meeting certification requirements under subsection (b) from compliance with all applicable statutes, regulations, directives, policies, and industry codes of practice. title vi--treatment of charitable trusts for members of the armed forces of the united states and other governmental organizations sec. . [ u.s.c. ] treatment of charitable trusts for members of the armed forces of the united states and other governmental organizations. (a) findings.--congress finds the following: ( ) members of the armed forces of the united states defend the freedom and security of our nation. ( ) members of the armed forces of the united states have lost their lives while battling the evils of terrorism around the world. ( ) personnel of the central intelligence agency (cia) charged with the responsibility of covert observation of terrorists around the world are often put in harm's way during their service to the united states. ( ) personnel of the central intelligence agency have also lost their lives while battling the evils of terrorism around the world. ( ) employees of the federal bureau of investigation (fbi) and other federal agencies charged with domestic protection of the united states put their lives at risk on a daily basis for the freedom and security of our nation. ( ) united states military personnel, cia personnel, fbi personnel, and other federal agents in the service of the united states are patriots of the highest order. ( ) cia officer johnny micheal spann became the first american to give his life for his country in the war on terrorism declared by president george w. bush following the terrorist attacks of september , . ( ) johnny micheal spann left behind a wife and children who are very proud of the heroic actions of their patriot father. ( ) surviving dependents of members of the armed forces of the united states who lose their lives as a result of terrorist attacks or military operations abroad receive a $ , death benefit, plus a small monthly benefit. ( ) the current system of compensating spouses and children of american patriots is inequitable and needs improvement. (b) designation of johnny micheal spann patriot trusts.-- any charitable corporation, fund, foundation, or trust (or separate fund or account thereof) which otherwise meets all applicable requirements under law with respect to charitable entities and meets the requirements described in subsection (c) shall be eligible to characterize itself as a ``johnny micheal spann patriot trust''. (c) requirements for the designation of johnny micheal spann patriot trusts.--the requirements described in this subsection are as follows: ( ) not taking into account funds or donations reasonably necessary to establish a trust, at least percent of all funds or donations (including any earnings on the investment of such funds or donations) received or collected by any johnny micheal spann patriot trust must be distributed to (or, if placed in a private foundation, held in trust for) surviving spouses, children, or dependent parents, grandparents, or siblings of or more of the following: (a) members of the armed forces of the united states; (b) personnel, including contractors, of elements of the intelligence community, as defined in section ( ) of the national security act of ; (c) employees of the federal bureau of investigation; and (d) officers, employees, or contract employees of the united states government, whose deaths occur in the line of duty and arise out of terrorist attacks, military operations, intelligence operations, or law enforcement operations or accidents connected with activities occurring after september , , and related to domestic or foreign efforts to curb international terrorism, including the authorization for use of military force (public law - ; stat. ). ( ) other than funds or donations reasonably necessary to establish a trust, not more than percent of all funds or donations (or percent of annual earnings on funds invested in a private foundation) may be used for administrative purposes. ( ) no part of the net earnings of any johnny micheal spann patriot trust may inure to the benefit of any individual based solely on the position of such individual as a shareholder, an officer or employee of such trust. ( ) none of the activities of any johnny micheal spann patriot trust shall be conducted in a manner inconsistent with any law that prohibits attempting to influence legislation. ( ) no johnny micheal spann patriot trust may participate in or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office, including by publication or distribution of statements. ( ) each johnny micheal spann patriot trust shall comply with the instructions and directions of the director of central intelligence, the attorney general, or the secretary of defense relating to the protection of intelligence sources and methods, sensitive law enforcement information, or other sensitive national security information, including methods for confidentially disbursing funds. ( ) each johnny micheal spann patriot trust that receives annual contributions totaling more than $ , , must be audited annually by an independent certified public accounting firm. such audits shall be filed with the internal revenue service, and shall be open to public inspection, except that the conduct, filing, and availability of the audit shall be consistent with the protection of intelligence sources and methods, of sensitive law enforcement information, and of other sensitive national security information. ( ) each johnny micheal spann patriot trust shall make distributions to beneficiaries described in paragraph ( ) at least once every calendar year, beginning not later than months after the formation of such trust, and all funds and donations received and earnings not placed in a private foundation dedicated to such beneficiaries must be distributed within months after the end of the fiscal year in which such funds, donations, and earnings are received. ( )(a) when determining the amount of a distribution to any beneficiary described in paragraph ( ), a johnny micheal spann patriot trust should take into account the amount of any collateral source compensation that the beneficiary has received or is entitled to receive as a result of the death of an individual described in paragraph ( ). (b) collateral source compensation includes all compensation from collateral sources, including life insurance, pension funds, death benefit programs, and payments by federal, state, or local governments related to the death of an individual described in paragraph ( ). (d) treatment of johnny micheal spann patriot trusts.--each johnny micheal spann patriot trust shall refrain from conducting the activities described in clauses (i) and (ii) of section ( )(a) of the federal election campaign act of so that a general solicitation of funds by an individual described in paragraph ( ) of section (e) of such act will be permissible if such solicitation meets the requirements of paragraph ( )(a) of such section. (e) notification of trust beneficiaries.--notwithstanding any other provision of law, and in a manner consistent with the protection of intelligence sources and methods and sensitive law enforcement information, and other sensitive national security information, the secretary of defense, the director of the federal bureau of investigation, or the director of central intelligence, or their designees, as applicable, may forward information received from an executor, administrator, or other legal representative of the estate of a decedent described in subparagraph (a), (b), (c), or (d) of subsection (c)( ), to a johnny micheal spann patriot trust on how to contact individuals eligible for a distribution under subsection (c)( ) for the purpose of providing assistance from such trust: provided, that, neither forwarding nor failing to forward any information under this subsection shall create any cause of action against any federal department, agency, officer, agent, or employee. (f) regulations.--not later than days after the date of enactment of this act, the secretary of defense, in coordination with the attorney general, the director of the federal bureau of investigation, and the director of central intelligence, shall prescribe regulations to carry out this section. title vii--management sec. . [ u.s.c. ] under secretary for management. (a) in general.--the under secretary for management shall serve as the chief management officer and principal advisor to the secretary on matters related to the management of the department, including management integration and transformation in support of homeland security operations and programs. the secretary, acting through the under secretary for management, shall be responsible for the management and administration of the department, including the following: ( ) the budget, appropriations, expenditures of funds, accounting, and finance. ( ) procurement. ( ) human resources and personnel. ( ) information technology and communications systems. ( ) facilities, property, equipment, and other material resources. ( ) security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources. ( ) strategic management planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the department. ( ) grants and other assistance management programs. ( ) the management integration and transformation process, as well as the transition process, to ensure an efficient and orderly consolidation of functions and personnel in the department and transition, including-- (a) the development of a management integration strategy for the department, and (b) before december of any year in which a presidential election is held, the development of a transition and succession plan, to be made available to the incoming secretary and under secretary for management, to guide the transition of management functions to a new administration. ( ) the conduct of internal audits and management analyses of the programs and activities of the department. ( ) any other management duties that the secretary may designate. (b) immigration.-- ( ) in general.--in addition to the responsibilities described in subsection (a), the under secretary for management shall be responsible for the following: (a) maintenance of all immigration statistical information of the bureau of border security and the bureau of citizenship and immigration services. such statistical information shall include information and statistics of the type contained in the publication entitled ``statistical yearbook of the immigration and naturalization service'' prepared by the immigration and naturalization service (as in effect immediately before the date on which the transfer of functions specified under section takes effect), including region-by-region statistics on the aggregate number of applications and petitions filed by an alien (or filed on behalf of an alien) and denied by such bureau, and the reasons for such denials, disaggregated by category of denial and application or petition type. (b) establishment of standards of reliability and validity for immigration statistics collected by such bureaus. ( ) transfer of functions.--in accordance with title xv, there shall be transferred to the under secretary for management all functions performed immediately before such transfer occurs by the statistics branch of the office of policy and planning of the immigration and naturalization service with respect to the following programs: (a) the border patrol program. (b) the detention and removal program. (c) the intelligence program. (d) the investigations program. (e) the inspections program. (f) adjudication of immigrant visa petitions. (g) adjudication of naturalization petitions. (h) adjudication of asylum and refugee applications. (i) adjudications performed at service centers. (j) all other adjudications performed by the immigration and naturalization service. (c) appointment and evaluation.--the under secretary for management shall-- ( ) be appointed by the president, by and with the advice and consent of the senate, from among persons who have-- (a) extensive executive level leadership and management experience in the public or private sector; (b) strong leadership skills; (c) a demonstrated ability to manage large and complex organizations; and (d) a proven record in achieving positive operational results; ( ) enter into an annual performance agreement with the secretary that shall set forth measurable individual and organizational goals; and ( ) be subject to an annual performance evaluation by the secretary, who shall determine as part of each such evaluation whether the under secretary for management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph ( ). sec. . [ u.s.c. ] chief financial officer. (a) in general.--the chief financial officer shall perform functions as specified in chapter of title , united states code, and, with respect to all such functions and other responsibilities that may be assigned to the chief financial officer from time to time, shall also report to the under secretary for management. (b) program analysis and evaluation function.-- ( ) establishment of office of program analysis and evaluation.--not later than days after the date of enactment of this subsection, the secretary shall establish an office of program analysis and evaluation within the department (in this section referred to as the ``office''). ( ) responsibilities.--the office shall perform the following functions: (a) analyze and evaluate plans, programs, and budgets of the department in relation to united states homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section (b)( ). (b) develop and perform analyses and evaluations of alternative plans, programs, personnel levels, and budget submissions for the department in relation to united states homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section (b)( ). (c) establish policies for, and oversee the integration of, the planning, programming, and budgeting system of the department. (d) review and ensure that the department meets performance-based budget requirements established by the office of management and budget. (e) provide guidance for, and oversee the development of, the future years homeland security program of the department, as specified under section . (f) ensure that the costs of department programs, including classified programs, are presented accurately and completely. (g) oversee the preparation of the annual performance plan for the department and the program and performance section of the annual report on program performance for the department, consistent with sections and , respectively, of title , united states code. (h) provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources. (i) any other responsibilities delegated by the secretary consistent with an effective program analysis and evaluation function. ( ) director of program analysis and evaluation.-- there shall be a director of program analysis and evaluation, who-- (a) shall be a principal staff assistant to the chief financial officer of the department for program analysis and evaluation; and (b) shall report to an official no lower than the chief financial officer. ( ) reorganization.-- (a) in general.--the secretary may allocate or reallocate the functions of the office, or discontinue the office, in accordance with section (a). (b) exemption from limitations.--section (b) shall not apply to any action by the secretary under this paragraph. (c) notification regarding transfer or reprogramming of funds.--in any case in which appropriations available to the department or any officer of the department are transferred or reprogrammed and notice of such transfer or reprogramming is submitted to the congress (including any officer, office, or committee of the congress), the chief financial officer of the department shall simultaneously submit such notice to the select committee on homeland security (or any successor to the jurisdiction of that committee) and the committee on government reform of the house of representatives, and to the committee on governmental affairs of the senate. sec. . [ u.s.c. ] chief information officer. (a) in general.--the chief information officer shall report to the secretary, or to another official of the department, as the secretary may direct. (b) geospatial information functions.-- ( ) definitions.--as used in this subsection: (a) geospatial information.--the term ``geospatial information'' means graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, remote sensing data, and images. (b) geospatial technology.--the term ``geospatial technology'' means any technology utilized by analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or engineers for the collection, storage, retrieval, or dissemination of geospatial information, including-- (i) global satellite surveillance systems; (ii) global position systems; (iii) geographic information systems; (iv) mapping equipment; (v) geocoding technology; and (vi) remote sensing devices. ( ) office of geospatial management.-- (a) establishment.--the office of geospatial management is established within the office of the chief information officer. (b) geospatial information officer.-- (i) appointment.--the office of geospatial management shall be administered by the geospatial information officer, who shall be appointed by the secretary and serve under the direction of the chief information officer. (ii) functions.--the geospatial information officer shall assist the chief information officer in carrying out all functions under this section and in coordinating the geospatial information needs of the department. (c) coordination of geospatial information.--the chief information officer shall establish and carry out a program to provide for the efficient use of geospatial information, which shall include-- (i) providing such geospatial information as may be necessary to implement the critical infrastructure protection programs; (ii) providing leadership and coordination in meeting the geospatial information requirements of those responsible for planning, prevention, mitigation, assessment and response to emergencies, critical infrastructure protection, and other functions of the department; and (iii) coordinating with users of geospatial information within the department to assure interoperability and prevent unnecessary duplication. (d) responsibilities.--in carrying out this subsection, the responsibilities of the chief information officer shall include-- (i) coordinating the geospatial information needs and activities of the department; (ii) implementing standards, as adopted by the director of the office of management and budget under the processes established under section of the e-government act of ( u.s.c. note), to facilitate the interoperability of geospatial information pertaining to homeland security among all users of such information within-- (i) the department; (ii) state and local government; and (iii) the private sector; (iii) coordinating with the federal geographic data committee and carrying out the responsibilities of the department pursuant to office of management and budget circular a- and executive order ; and (iv) making recommendations to the secretary and the executive director of the office for state and local government coordination and preparedness on awarding grants to-- (i) fund the creation of geospatial data; and (ii) execute information sharing agreements regarding geospatial data with state, local, and tribal governments. ( ) authorization of appropriations.--there are authorized to be appropriated such sums as may be necessary to carry out this subsection for each fiscal year. sec. . [ u.s.c. ] chief human capital officer. the chief human capital officer shall report to the secretary, or to another official of the department, as the secretary may direct and shall ensure that all employees of the department are informed of their rights and remedies under chapters and of title , united states code, by-- ( ) participating in the (c) certification program of the office of special counsel; ( ) achieving certification from the office of special counsel of the department's compliance with section (c) of title , united states code; and ( ) informing congress of such certification not later than months after the date of enactment of this act. sec. . [ u.s.c. ] establishment of officer for civil rights and civil liberties. (a) in general.--the officer for civil rights and civil liberties, who shall report directly to the secretary, shall-- ( ) review and assess information concerning abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the department; ( ) make public through the internet, radio, television, or newspaper advertisements information on the responsibilities and functions of, and how to contact, the officer; ( ) 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; ( ) 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; ( ) coordinate with the privacy officer 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) congress receives appropriate reports regarding such programs, policies, and procedures; and ( ) 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. (b) report.--the secretary shall submit to the president of the senate, the speaker of the house of representatives, and the appropriate committees and subcommittees of congress on an annual basis a report on the implementation of this section, including the use of funds appropriated to carry out this section, and detailing any allegations of abuses described under subsection (a)( ) and any actions taken by the department in response to such allegations. sec. . [ u.s.c. ] consolidation and co-location of offices. not later than year after the date of the enactment of this act, the secretary shall develop and submit to congress a plan for consolidating and co-locating-- ( ) any regional offices or field offices of agencies that are transferred to the department under this act, if such officers are located in the same municipality; and ( ) portions of regional and field offices of other federal agencies, to the extent such offices perform functions that are transferred to the secretary under this act. sec. . [ u.s.c. ] quadrennial homeland security review. (a) requirement.-- ( ) quadrennial reviews required.--in fiscal year , and every years thereafter, the secretary shall conduct a review of the homeland security of the nation (in this section referred to as a ``quadrennial homeland security review''). ( ) scope of reviews.--each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the nation, including recommendations regarding the long-term strategy and priorities of the nation for homeland security and guidance on the programs, assets, capabilities, budget, policies, and authorities of the department. ( ) consultation.--the secretary shall conduct each quadrennial homeland security review under this subsection in consultation with-- (a) the heads of other federal agencies, including the attorney general, the secretary of state, the secretary of defense, the secretary of health and human services, the secretary of the treasury, the secretary of agriculture, and the director of national intelligence; (b) key officials of the department; and (c) other relevant governmental and nongovernmental entities, including state, local, and tribal government officials, members of congress, private sector representatives, academics, and other policy experts. ( ) relationship with future years homeland security program.--the secretary shall ensure that each review conducted under this section is coordinated with the future years homeland security program required under section . (b) contents of review.--in each quadrennial homeland security review, the secretary shall-- ( ) delineate and update, as appropriate, the national homeland security strategy, consistent with appropriate national and department strategies, strategic plans, and homeland security presidential directives, including the national strategy for homeland security, the national response plan, and the department security strategic plan; ( ) outline and prioritize the full range of the critical homeland security mission areas of the nation; ( ) describe the interagency cooperation, preparedness of federal response assets, infrastructure, budget plan, and other elements of the homeland security program and policies of the nation associated with the national homeland security strategy, required to execute successfully the full range of missions called for in the national homeland security strategy described in paragraph ( ) and the homeland security mission areas outlined under paragraph ( ); ( ) identify the budget plan required to provide sufficient resources to successfully execute the full range of missions called for in the national homeland security strategy described in paragraph ( ) and the homeland security mission areas outlined under paragraph ( ); ( ) include an assessment of the organizational alignment of the department with the national homeland security strategy referred to in paragraph ( ) and the homeland security mission areas outlined under paragraph ( ); and ( ) review and assess the effectiveness of the mechanisms of the department for executing the process of turning the requirements developed in the quadrennial homeland security review into an acquisition strategy and expenditure plan within the department. (c) reporting.-- ( ) in general.--not later than december of the year in which a quadrennial homeland security review is conducted, the secretary shall submit to congress a report regarding that quadrennial homeland security review. ( ) contents of report.--each report submitted under paragraph ( ) shall include-- (a) the results of the quadrennial homeland security review; (b) a description of the threats to the assumed or defined national homeland security interests of the nation that were examined for the purposes of that review; (c) the national homeland security strategy, including a prioritized list of the critical homeland security missions of the nation; (d) a description of the interagency cooperation, preparedness of federal response assets, infrastructure, budget plan, and other elements of the homeland security program and policies of the nation associated with the national homeland security strategy, required to execute successfully the full range of missions called for in the applicable national homeland security strategy referred to in subsection (b)( ) and the homeland security mission areas outlined under subsection (b)( ); (e) an assessment of the organizational alignment of the department with the applicable national homeland security strategy referred to in subsection (b)( ) and the homeland security mission areas outlined under subsection (b)( ), including the department's organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure; (f) a discussion of the status of cooperation among federal agencies in the effort to promote national homeland security; (g) a discussion of the status of cooperation between the federal government and state, local, and tribal governments in preventing terrorist attacks and preparing for emergency response to threats to national homeland security; (h) an explanation of any underlying assumptions used in conducting the review; and (i) any other matter the secretary considers appropriate. ( ) public availability.--the secretary shall, consistent with the protection of national security and other sensitive matters, make each report submitted under paragraph ( ) publicly available on the internet website of the department. (d) authorization of appropriations.--there are authorized to be appropriated such sums as may be necessary to carry out this section. title viii--coordination with non-federal entities; inspector general; united states secret service; coast guard; general provisions subtitle a--coordination with non-federal entities sec. . [ u.s.c. ] office for state and local government coordination. (a) establishment.--there is established within the office of the secretary the office for state and local government coordination, to oversee and coordinate departmental programs for and relationships with state and local governments. (b) responsibilities.--the office established under subsection (a) shall-- ( ) coordinate the activities of the department relating to state and local government; ( ) assess, and advocate for, the resources needed by state and local government to implement the national strategy for combating terrorism; ( ) provide state and local government with regular information, research, and technical support to assist local efforts at securing the homeland; and ( ) develop a process for receiving meaningful input from state and local government to assist the development of the national strategy for combating terrorism and other homeland security activities. subtitle b--inspector general [sec. . repealed] * * * * * * * sec. . law enforcement powers of inspector general agents. (a) * * * * * * * * * * (b) [ u.s.c. app. note] promulgation of initial guidelines.-- ( ) definition.--in this subsection, the term ``memoranda of understanding'' means the agreements between the department of justice and the inspector general offices described under section (e)( ) of the inspector general act of ( u.s.c. app.) (as added by subsection (a) of this section) that-- (a) are in effect on the date of enactment of this act; and (b) authorize such offices to exercise authority that is the same or similar to the authority under section (e)( ) of such act. ( ) in general.--not later than days after the date of enactment of this act, the attorney general shall promulgate guidelines under section (e)( ) of the inspector general act of ( u.s.c. app.) (as added by subsection (a) of this section) applicable to the inspector general offices described under section (e)( ) of that act. ( ) minimum requirements.--the guidelines promulgated under this subsection shall include, at a minimum, the operational and training requirements in the memoranda of understanding. ( ) no lapse of authority.--the memoranda of understanding in effect on the date of enactment of this act shall remain in effect until the guidelines promulgated under this subsection take effect. (c) [ u.s.c. app. note] effective dates.-- ( ) in general.--subsection (a) shall take effect days after the date of enactment of this act. ( ) initial guidelines.--subsection (b) shall take effect on the date of enactment of this act. subtitle c--united states secret service sec. . [ u.s.c. ] functions transferred. in accordance with title xv, there shall be transferred to the secretary the functions, personnel, assets, and obligations of the united states secret service, which shall be maintained as a distinct entity within the department, including the functions of the secretary of the treasury relating thereto. subtitle d--acquisitions sec. . [ u.s.c. ] research and development projects. (a) authority.--until september , and subject to subsection (d), the secretary may carry out a pilot program under which the secretary may exercise the following authorities: ( ) in general.--when the secretary carries out basic, applied, and advanced research and development projects, including the expenditure of funds for such projects, the secretary may exercise the same authority (subject to the same limitations and conditions) with respect to such research and projects as the secretary of defense may exercise under section of title , united states code (except for subsections (b) and (f)), after making a determination that the use of a contract, grant, or cooperative agreement for such project is not feasible or appropriate. the annual report required under subsection (b) of this section, as applied to the secretary by this paragraph, shall be submitted to the president of the senate and the speaker of the house of representatives. ( ) prototype projects.--the secretary may, under the authority of paragraph ( ), carry out prototype projects in accordance with the requirements and conditions provided for carrying out prototype projects under section of the national defense authorization act for fiscal year (public law - ). in applying the authorities of that section , subsection (c) of that section shall apply with respect to prototype projects under this paragraph, and the secretary shall perform the functions of the secretary of defense under subsection (d) thereof. (b) report.--not later than years after the effective date of this act, and annually thereafter, the comptroller general shall report to the committee on government reform of the house of representatives and the committee on governmental affairs of the senate on-- ( ) whether use of the authorities described in subsection (a) attracts nontraditional government contractors and results in the acquisition of needed technologies; and ( ) if such authorities were to be made permanent, whether additional safeguards are needed with respect to the use of such authorities. (c) procurement of temporary and intermittent services.-- the secretary may-- ( ) procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with section (b) of title , united states code; and ( ) whenever necessary due to an urgent homeland security need, procure temporary (not to exceed year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section . (d) additional requirements.-- ( ) in general.--the authority of the secretary under this section shall terminate september , , unless before that date the secretary-- (a) issues policy guidance detailing the appropriate use of that authority; and (b) provides training to each employee that is authorized to exercise that authority. ( ) report.--the secretary shall provide an annual report to the committees on appropriations of the senate and the house of representatives, the committee on homeland security and governmental affairs of the senate, and the committee on homeland security of the house of representatives detailing the projects for which the authority granted by subsection (a) was used, the rationale for its use, the funds spent using that authority, the outcome of each project for which that authority was used, and the results of any audits of such projects. (e) definition of nontraditional government contractor.--in this section, the term ``nontraditional government contractor'' has the same meaning as the term ``nontraditional defense contractor'' as defined in section (e) of the national defense authorization act for fiscal year (public law - ; u.s.c. note). sec. . [ u.s.c. ] personal services. the secretary-- ( ) may procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with section of title , united states code; and ( ) may, whenever necessary due to an urgent homeland security need, procure temporary (not to exceed year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section . sec. . [ u.s.c. ] special streamlined acquisition authority. (a) authority.-- ( ) in general.--the secretary may use the authorities set forth in this section with respect to any procurement made during the period beginning on the effective date of this act and ending september , , if the secretary determines in writing that the mission of the department (as described in section ) would be seriously impaired without the use of such authorities. ( ) delegation.--the authority to make the determination described in paragraph ( ) may not be delegated by the secretary to an officer of the department who is not appointed by the president with the advice and consent of the senate. ( ) notification.--not later than the date that is days after the date of any determination under paragraph ( ), the secretary shall submit to the committee on government reform of the house of representatives and the committee on governmental affairs of the senate-- (a) notification of such determination; and (b) the justification for such determination. (b) increased micro-purchase threshold for certain procurements.-- ( ) in general.--the secretary may designate certain employees of the department to make procurements described in subsection (a) for which in the administration of section of the office of federal procurement policy act ( u.s.c. ) the amount specified in subsections (c), (d), and (f) of such section shall be deemed to be $ , . ( ) number of employees.--the number of employees designated under paragraph ( ) shall be-- (a) fewer than the number of employees of the department who are authorized to make purchases without obtaining competitive quotations, pursuant to section (c) of the office of federal procurement policy act ( u.s.c. (c)); (b) sufficient to ensure the geographic dispersal of the availability of the use of the procurement authority under such paragraph at locations reasonably considered to be potential terrorist targets; and (c) sufficiently limited to allow for the careful monitoring of employees designated under such paragraph. ( ) review.--procurements made under the authority of this subsection shall be subject to review by a designated supervisor on not less than a monthly basis. the supervisor responsible for the review shall be responsible for no more than employees making procurements under this subsection. (c) simplified acquisition procedures.-- ( ) in general.--with respect to a procurement described in subsection (a), the secretary may deem the simplified acquisition threshold referred to in section ( ) of the office of federal procurement policy act ( u.s.c. ( )) to be-- (a) in the case of a contract to be awarded and performed, or purchase to be made, within the united states, $ , ; and (b) in the case of a contract to be awarded and performed, or purchase to be made, outside of the united states, $ , . * * * * * * * (d) application of certain commercial items authorities.-- ( ) in general.--with respect to a procurement described in subsection (a), the secretary may deem any item or service to be a commercial item for the purpose of federal procurement laws. ( ) limitation.--the $ , , limitation provided in section (a)( ) of the office of federal procurement policy act ( u.s.c. (a)( )) and section (g)( )(b) of the federal property and administrative services act of ( u.s.c. (g)( )(b)) shall be deemed to be $ , , for purposes of property or services under the authority of this subsection. ( ) certain authority.--authority under a provision of law referred to in paragraph ( ) that expires under section (e) of the clinger-cohen act of (divisions d and e of public law - ; u.s.c. note) shall, notwithstanding such section, continue to apply for a procurement described in subsection (a). (e) report.--not later than days after the end of fiscal year , the comptroller general shall submit to the committee on governmental affairs of the senate and the committee on government reform of the house of representatives a report on the use of the authorities provided in this section. the report shall contain the following: ( ) an assessment of the extent to which property and services acquired using authorities provided under this section contributed to the capacity of the federal workforce to facilitate the mission of the department as described in section . ( ) an assessment of the extent to which prices for property and services acquired using authorities provided under this section reflected the best value. ( ) the number of employees designated by each executive agency under subsection (b)( ). ( ) an assessment of the extent to which the department has implemented subsections (b)( ) and (b)( ) to monitor the use of procurement authority by employees designated under subsection (b)( ). ( ) any recommendations of the comptroller general for improving the effectiveness of the implementation of the provisions of this section. sec. . [ u.s.c. ] unsolicited proposals. (a) regulations required.--within year of the date of enactment of this act, the federal acquisition regulation shall be revised to include regulations with regard to unsolicited proposals. (b) content of regulations.--the regulations prescribed under subsection (a) shall require that before initiating a comprehensive evaluation, an agency contact point shall consider, among other factors, that the proposal-- ( ) is not submitted in response to a previously published agency requirement; and ( ) contains technical and cost information for evaluation and overall scientific, technical or socioeconomic merit, or cost-related or price-related factors. sec. . [ u.s.c. ] prohibition on contracts with corporate expatriates. (a) in general.--the secretary may not enter into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation under subsection (b), or any subsidiary of such an entity. (b) inverted domestic corporation.--for purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- ( ) the entity completes before, on, or after the date of enactment of this act, the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; ( ) after the acquisition at least percent of the stock (by vote or value) of the entity is held-- (a) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (b) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and ( ) the expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. (c) definitions and special rules.-- ( ) rules for application of subsection (b).--in applying subsection (b) for purposes of subsection (a), the following rules shall apply: (a) certain stock disregarded.--there shall not be taken into account in determining ownership for purposes of subsection (b)( )-- (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)( ). (b) plan deemed in certain cases.--if a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the -year period beginning on the date which is years before the ownership requirements of subsection (b)( ) are met, such actions shall be treated as pursuant to a plan. (c) certain transfers disregarded.--the transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) special rule for related partnerships.--for purposes of applying subsection (b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section of the internal revenue code of ) shall be treated as i partnership. (e) treatment of certain rights.--the secretary shall prescribe such regulations as may be necessary to-- (i) treat warrants, options, contracts to acquire stock, convertible debt instruments, and other similar interests as stock; and (ii) treat stock as not stock. ( ) expanded affiliated group.--the term ``expanded affiliated group'' means an affiliated group as defined in section (a) of the internal revenue code of (without regard to section (b) of such code), except that section of such code shall be applied by substituting ``more than percent'' for ``at least percent'' each place it appears. ( ) foreign incorporated entity.--the term ``foreign incorporated entity'' means any entity which is, or but for subsection (b) would be, treated as a foreign corporation for purposes of the internal revenue code of . ( ) other definitions.--the terms ``person'', ``domestic'', and ``foreign'' have the meanings given such terms by paragraphs ( ), ( ), and ( ) of section (a) of the internal revenue code of , respectively. (d) waivers.--the secretary shall waive subsection (a) with respect to any specific contract if the secretary determines that the waiver is required in the interest of national security. * * * * * * * subtitle e--human resources management sec. . [ u.s.c. ] establishment of human resources management system. (a) authority.-- ( ) sense of congress.--it is the sense of congress that-- (a) it is extremely important that employees of the department be allowed to participate in a meaningful way in the creation of any human resources management system affecting them; (b) such employees have the most direct knowledge of the demands of their jobs and have a direct interest in ensuring that their human resources management system is conducive to achieving optimal operational efficiencies; (c) the st century human resources management system envisioned for the department should be one that benefits from the input of its employees; and (d) this collaborative effort will help secure our homeland. * * * * * * * (b) effect on personnel.-- ( ) nonseparation or nonreduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions.--except as otherwise provided in this act, the transfer under this act of full-time personnel (except special government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for year after the date of transfer to the department. ( ) positions compensated in accordance with executive schedule.--any person who, on the day preceding such person's date of transfer pursuant to this act, held a position compensated in accordance with the executive schedule prescribed in chapter of title , united states code, and who, without a break in service, is appointed in the department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such position, for the duration of the service of such person in such new position. ( ) coordination rule.--any exercise of authority under chapter of title , united states code (as amended by subsection (a)), including under any system established under such chapter, shall be in conformance with the requirements of this subsection. sec. . [ u.s.c. ] labor-management relations. (a) limitation on exclusionary authority.-- ( ) in general.--no agency or subdivision of an agency which is transferred to the department pursuant to this act shall be excluded from the coverage of chapter of title , united states code, as a result of any order issued under section (b)( ) of such title after june , , unless-- (a) the mission and responsibilities of the agency (or subdivision) materially change; and (b) a majority of the employees within such agency (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation. ( ) exclusions allowable.--nothing in paragraph ( ) shall affect the effectiveness of any order to the extent that such order excludes any portion of an agency or subdivision of an agency as to which-- (a) recognition as an appropriate unit has never been conferred for purposes of chapter of such title ; or (b) any such recognition has been revoked or otherwise terminated as a result of a determination under subsection (b)( ). (b) provisions relating to bargaining units.-- ( ) limitation relating to appropriate units.--each unit which is recognized as an appropriate unit for purposes of chapter of title , united states code, as of the day before the effective date of this act (and any subdivision of any such unit) shall, if such unit (or subdivision) is transferred to the department pursuant to this act, continue to be so recognized for such purposes, unless-- (a) the mission and responsibilities of such unit (or subdivision) materially change; and (b) a majority of the employees within such unit (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation. ( ) limitation relating to positions or employees.--no position or employee within a unit (or subdivision of a unit) as to which continued recognition is given in accordance with paragraph ( ) shall be excluded from such unit (or subdivision), for purposes of chapter of such title , unless the primary job duty of such position or employee-- (a) materially changes; and (b) consists of intelligence, counterintelligence, or investigative work directly related to terrorism investigation. in the case of any positions within a unit (or subdivision) which are first established on or after the effective date of this act and any employees first appointed on or after such date, the preceding sentence shall be applied disregarding subparagraph (a). (c) waiver.--if the president determines that the application of subsections (a), (b), and (d) would have a substantial adverse impact on the ability of the department to protect homeland security, the president may waive the application of such subsections days after the president has submitted to congress a written explanation of the reasons for such determination. (d) coordination rule.--no other provision of this act or of any amendment made by this act may be construed or applied in a manner so as to limit, supersede, or otherwise affect the provisions of this section, except to the extent that it does so by specific reference to this section. (e) rule of construction.--nothing in section (e) of title , united states code, shall be considered to apply with respect to any agency or subdivision of any agency, which is excluded from the coverage of chapter of title , united states code, by virtue of an order issued in accordance with section (b) of such title and the preceding provisions of this section (as applicable), or to any employees of any such agency or subdivision or to any individual or entity representing any such employees or any representatives thereof. sec. . [ u.s.c. ] use of counternarcotics enforcement activities in certain employee performance appraisals. (a) in general.--each subdivision of the department that is a national drug control program agency shall include as one of the criteria in its performance appraisal system, for each employee directly or indirectly involved in the enforcement of federal, state, or local narcotics laws, the performance of that employee with respect to the enforcement of federal, state, or local narcotics laws, relying to the greatest extent practicable on objective performance measures, including-- ( ) the contribution of that employee to seizures of narcotics and arrests of violators of federal, state, or local narcotics laws; and ( ) the degree to which that employee cooperated with or contributed to the efforts of other employees, either within the department or other federal, state, or local agencies, in counternarcotics enforcement. (b) definitions.--for purposes of this section-- ( ) the term ``national drug control program agency'' means-- (a) a national drug control program agency, as defined in section ( ) of the office of national drug control policy reauthorization act of (as last in effect); and (b) any subdivision of the department that has a significant counternarcotics responsibility, as determined by-- (i) the counternarcotics officer, appointed under section ; or (ii) if applicable, the counternarcotics officer's successor in function (as determined by the secretary); and ( ) the term ``performance appraisal system'' means a system under which periodic appraisals of job performance of employees are made, whether under chapter of title , united states code, or otherwise. sec. . homeland security rotation program. (a) establishment.-- ( ) in general.--not later than days after the date of enactment of this section, the secretary shall establish the homeland security rotation program (in this section referred to as the ``rotation program'') for employees of the department. the rotation program shall use applicable best practices, including those from the chief human capital officers council. ( ) goals.--the rotation program established by the secretary shall-- (a) be established in accordance with the human capital strategic plan of the department; (b) provide middle and senior level employees in the department the opportunity to broaden their knowledge through exposure to other components of the department; (c) expand the knowledge base of the department by providing for rotational assignments of employees to other components; (d) build professional relationships and contacts among the employees in the department; (e) invigorate the workforce with exciting and professionally rewarding opportunities; (f) incorporate department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the federal workforce of the department; and (g) complement and incorporate (but not replace) rotational programs within the department in effect on the date of enactment of this section. ( ) administration.-- (a) in general.--the chief human capital officer shall administer the rotation program. (b) responsibilities.--the chief human capital officer shall-- (i) provide oversight of the establishment and implementation of the rotation program; (ii) establish a framework that supports the goals of the rotation program and promotes cross-disciplinary rotational opportunities; (iii) establish eligibility for employees to participate in the rotation program and select participants from employees who apply; (iv) establish incentives for employees to participate in the rotation program, including promotions and employment preferences; (v) ensure that the rotation program provides professional education and training; (vi) ensure that the rotation program develops qualified employees and future leaders with broad-based experience throughout the department; (vii) provide for greater interaction among employees in components of the department; and (viii) coordinate with rotational programs within the department in effect on the date of enactment of this section. ( ) allowances, privileges, and benefits.--all allowances, privileges, rights, seniority, and other benefits of employees participating in the rotation program shall be preserved. ( ) reporting.--not later than days after the date of the establishment of the rotation program, the secretary shall submit a report on the status of the rotation program, including a description of the rotation program, the number of employees participating, and how the rotation program is used in succession planning and leadership development to the appropriate committees of congress. sec. . homeland security education program. (a) establishment.--the secretary, acting through the administrator, shall establish a graduate-level homeland security education program in the national capital region to provide educational opportunities to senior federal officials and selected state and local officials with homeland security and emergency management responsibilities. the administrator shall appoint an individual to administer the activities under this section. (b) leveraging of existing resources.--to maximize efficiency and effectiveness in carrying out the program, the administrator shall use existing department-reviewed master's degree curricula in homeland security, including curricula pending accreditation, together with associated learning materials, quality assessment tools, digital libraries, exercise systems and other educational facilities, including the national domestic preparedness consortium, the national fire academy, and the emergency management institute. the administrator may develop additional educational programs, as appropriate. (c) student enrollment.-- ( ) sources.--the student body of the program shall include officials from federal, state, local, and tribal governments, and from other sources designated by the administrator. ( ) enrollment priorities and selection criteria.-- the administrator shall establish policies governing student enrollment priorities and selection criteria that are consistent with the mission of the program. ( ) diversity.--the administrator shall take reasonable steps to ensure that the student body represents racial, gender, and ethnic diversity. (d) service commitment.-- ( ) in general.--before any employee selected for the program may be assigned to participate in the program, the employee shall agree in writing-- (a) to continue in the service of the agency sponsoring the employee during the - year period beginning on the date on which the employee completes the program, unless the employee is involuntarily separated from the service of that agency for reasons other than a reduction in force; and (b) to pay to the government the amount of the additional expenses incurred by the government in connection with the employee's education if the employee is voluntarily separated from the service to the agency before the end of the period described in subparagraph (a). ( ) payment of expenses.-- (a) exemption.--an employee who leaves the service of the sponsoring agency to enter into the service of another agency in any branch of the government shall not be required to make a payment under paragraph ( )(b), unless the head of the agency that sponsored the education of the employee notifies that employee before the date on which the employee enters the service of the other agency that payment is required under that paragraph. (b) amount of payment.--if an employee is required to make a payment under paragraph ( )(b), the agency that sponsored the education of the employee shall determine the amount of the payment, except that such amount may not exceed the pro rata share of the expenses incurred for the time remaining in the -year period. ( ) recovery of payment.--if an employee who is required to make a payment under this subsection does not make the payment, a sum equal to the amount of the expenses incurred by the government for the education of that employee is recoverable by the government from the employee or his estate by-- (a) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the government; or (b) such other method as is provided by lay for the recovery of amounts owing to the government. subtitle f--federal emergency procurement flexibility sec. . [ u.s.c. ] definition. in this subtitle, the term ``executive agency'' has the meaning given that term under section ( ) of the office of federal procurement policy act ( u.s.c. ( )). sec. . [ u.s.c. ] procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. the authorities provided in this subtitle apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack, but only if a solicitation of offers for the procurement is issued during the -year period beginning on the date of the enactment of this act. sec. . [ u.s.c. ] increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations. (a) temporary threshold amounts.--for a procurement referred to in section that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation, the simplified acquisition threshold definitions shall be applied as if the amount determined under the exception provided for such an operation in those definitions were-- ( ) in the case of a contract to be awarded and performed, or purchase to be made, inside the united states, $ , ; or ( ) in the case of a contract to be awarded and performed, or purchase to be made, outside the united states, $ , . (b) simplified acquisition threshold definitions.--in this section, the term ``simplified acquisition threshold definitions'' means the following: ( ) section ( ) of the office of federal procurement policy act ( u.s.c. ( )). ( ) section (d) of the federal property and administrative services act of ( u.s.c. (d)). ( ) section ( ) of title , united states code. (c) small business reserve.--for a procurement carried out pursuant to subsection (a), section (j) of the small business act ( u.s.c. (j)) shall be applied as if the maximum anticipated value identified therein is equal to the amounts referred to in subsection (a). sec. . [ u.s.c. ] increased micro-purchase threshold for certain procurements. in the administration of section of the office of federal procurement policy act ( u.s.c. ) with respect to a procurement referred to in section , the amount specified in subsections (c), (d), and (f) of such section shall be deemed to be $ , . sec. . [ u.s.c. ] application of certain commercial items authorities to certain procurements. (a) authority.-- ( ) in general.--the head of an executive agency may apply the provisions of law listed in paragraph ( ) to a procurement referred to in section without regard to whether the property or services are commercial items. ( ) commercial item laws.--the provisions of law referred to in paragraph ( ) are as follows: (a) sections and of the office of federal procurement policy act ( u.s.c. , ). (b) section (g) of title , united states code. (c) section (g) of the federal property and administrative services act of ( u.s.c. (g)). (b) inapplicability of limitation on use of simplified acquisition procedures.-- ( ) in general.--the $ , , limitation provided in section (a)( ) of the office of federal procurement policy act ( u.s.c. (a)( )), section (g)( )(b) of title , united states code, and section (g)( )(b) of the federal property and administrative services act of ( u.s.c. (g)( )(b)) shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section. ( ) omb guidance.--the director of the office of management and budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $ , , under the authority of this section. (c) continuation of authority for simplified purchase procedures.--authority under a provision of law referred to in subsection (a)( ) that expires under section (e) of the clinger-cohen act of (divisions d and e of public law - ; u.s.c. note) shall, notwithstanding such section, continue to apply for use by the head of an executive agency as provided in subsections (a) and (b). sec. . [ u.s.c. ] use of streamlined procedures. (a) required use.--the head of an executive agency shall, when appropriate, use streamlined acquisition authorities and procedures authorized by law for a procurement referred to in section , including authorities and procedures that are provided under the following provisions of law: ( ) federal property and administrative services act of .--in title iii of the federal property and administrative services act of : (a) paragraphs ( ), ( ), ( ), and ( ) of subsection (c) of section ( u.s.c. ), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (b) section j ( u.s.c. j), relating to orders under task and delivery order contracts. ( ) title , united states code.--in chapter of title , united states code: (a) paragraphs ( ), ( ), ( ), and ( ) of subsection (c) of section , relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (b) section c, relating to orders under task and delivery order contracts. ( ) office of federal procurement policy act.-- paragraphs ( )(b), ( )(d), and ( ) of section (c) of the office of federal procurement policy act ( u.s.c. (c)), relating to inapplicability of a requirement for procurement notice. (b) waiver of certain small business threshold requirements.--subclause (ii) of section (a)( )(d)(i) of the small business act ( u.s.c. (a)( )(d)(i)) and clause (ii) of section (b)( )(a) of such act ( u.s.c. a(b)( )(a)) shall not apply in the use of streamlined acquisition authorities and procedures referred to in paragraphs ( )(a) and ( )(a) of subsection (a) for a procurement referred to in section . sec. . [ u.s.c. ] review and report by comptroller general. (a) requirements.--not later than march , , the comptroller general shall-- ( ) complete a review of the extent to which procurements of property and services have been made in accordance with this subtitle; and ( ) submit a report on the results of the review to the committee on governmental affairs of the senate and the committee on government reform of the house of representatives. (b) content of report.--the report under subsection (a)( ) shall include the following matters: ( ) assessment.--the comptroller general's assessment of-- (a) the extent to which property and services procured in accordance with this title have contributed to the capacity of the workforce of federal government employees within each executive agency to carry out the mission of the executive agency; and (b) the extent to which federal government employees have been trained on the use of technology. ( ) recommendations.--any recommendations of the comptroller general resulting from the assessment described in paragraph ( ). (c) consultation.--in preparing for the review under subsection (a)( ), the comptroller shall consult with the committee on governmental affairs of the senate and the committee on government reform of the house of representatives on the specific issues and topics to be reviewed. the extent of coverage needed in areas such as technology integration, employee training, and human capital management, as well as the data requirements of the study, shall be included as part of the consultation. sec. . [ u.s.c. ] identification of new entrants into the federal marketplace. the head of each executive agency shall conduct market research on an ongoing basis to identify effectively the capabilities, including the capabilities of small businesses and new entrants into federal contracting, that are available in the marketplace for meeting the requirements of the executive agency in furtherance of defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. the head of the executive agency shall, to the maximum extent practicable, take advantage of commercially available market research methods, including use of commercial databases, to carry out the research. * * * * * * * subtitle g--support anti-terrorism by fostering effective technologies act of sec. . [ u.s.c. note] short title. this subtitle may be cited as the ``support anti-terrorism by fostering effective technologies act of '' or the ``safety act''. sec. . [ u.s.c. ] administration. (a) in general.--the secretary shall be responsible for the administration of this subtitle. (b) designation of qualified anti-terrorism technologies.-- the secretary may designate anti-terrorism technologies that qualify for protection under the system of risk management set forth in this subtitle in accordance with criteria that shall include, but not be limited to, the following: ( ) prior united states government use or demonstrated substantial utility and effectiveness. ( ) availability of the technology for immediate deployment in public and private settings. ( ) existence of extraordinarily large or extraordinarily unquantifiable potential third party liability risk exposure to the seller or other provider of such anti-terrorism technology. ( ) substantial likelihood that such anti-terrorism technology will not be deployed unless protections under the system of risk management provided under this subtitle are extended. ( ) magnitude of risk exposure to the public if such anti-terrorism technology is not deployed. ( ) evaluation of all scientific studies that can be feasibly conducted in order to assess the capability of the technology to substantially reduce risks of harm. ( ) anti-terrorism technology that would be effective in facilitating the defense against acts of terrorism, including technologies that prevent, defeat or respond to such acts. (c) regulations.--the secretary may issue such regulations, after notice and comment in accordance with section of title , united states code, as may be necessary to carry out this subtitle. sec. . [ u.s.c. ] litigation management. (a) federal cause of action.-- ( ) in general.--there shall exist a federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti- terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the seller. the substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the state in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by federal law. such federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers that provide qualified anti-terrorism technology to federal and non- federal government customers. ( ) jurisdiction.--such appropriate district court of the united states shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the seller. (b) special rules.--in an action brought under this section for damages the following provisions apply: ( ) punitive damages.--no punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment. ( ) noneconomic damages.-- (a) in general.--noneconomic damages may be awarded against a defendant only in an amount directly proportional to the percentage of responsibility of such defendant for the harm to the plaintiff, and no plaintiff may recover noneconomic damages unless the plaintiff suffered physical harm. (b) definition.--for purposes of subparagraph (a), the term ``noneconomic damages'' means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses. (c) collateral sources.--any recovery by a plaintiff in an action under this section shall be reduced by the amount of collateral source compensation, if any, that the plaintiff has received or is entitled to receive as a result of such acts of terrorism that result or may result in loss to the seller. (d) government contractor defense.-- ( ) in general.--should a product liability or other lawsuit be filed for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies approved by the secretary, as provided in paragraphs ( ) and ( ) of this subsection, have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the seller, there shall be a rebuttable presumption that the government contractor defense applies in such lawsuit. this presumption shall only be overcome by evidence showing that the seller acted fraudulently or with willful misconduct in submitting information to the secretary during the course of the secretary's consideration of such technology under this subsection. this presumption of the government contractor defense shall apply regardless of whether the claim against the seller arises from a sale of the product to federal government or non-federal government customers. ( ) exclusive responsibility.--the secretary will be exclusively responsible for the review and approval of anti-terrorism technology for purposes of establishing a government contractor defense in any product liability lawsuit for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies approved by the secretary, as provided in this paragraph and paragraph ( ), have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the seller. upon the seller's submission to the secretary for approval of anti- terrorism technology, the secretary will conduct a comprehensive review of the design of such technology and determine whether it will perform as intended, conforms to the seller's specifications, and is safe for use as intended. the seller will conduct safety and hazard analyses on such technology and will supply the secretary with all such information. ( ) certificate.--for anti-terrorism technology reviewed and approved by the secretary, the secretary will issue a certificate of conformance to the seller and place the anti-terrorism technology on an approved product list for homeland security. (e) exclusion.--nothing in this section shall in any way limit the ability of any person to seek any form of recovery from any person, government, or other entity that-- ( ) attempts to commit, knowingly participates in, aids and abets, or commits any act of terrorism, or any criminal act related to or resulting from such act of terrorism; or ( ) participates in a conspiracy to commit any such act of terrorism or any such criminal act. sec. . [ u.s.c. ] risk management. (a) in general.-- ( ) liability insurance required.--any person or entity that sells or otherwise provides a qualified anti-terrorism technology to federal and non-federal government customers (``seller'') shall obtain liability insurance of such types and in such amounts as shall be required in accordance with this section and certified by the secretary to satisfy otherwise compensable third-party claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act. ( ) maximum amount.--for the total claims related to such act of terrorism, the seller is not required to obtain liability insurance of more than the maximum amount of liability insurance reasonably available from private sources on the world market at prices and terms that will not unreasonably distort the sales price of seller's anti-terrorism technologies. ( ) scope of coverage.--liability insurance obtained pursuant to this subsection shall, in addition to the seller, protect the following, to the extent of their potential liability for involvement in the manufacture, qualification, sale, use, or operation of qualified anti-terrorism technologies deployed in defense against or response or recovery from an act of terrorism: (a) contractors, subcontractors, suppliers, vendors and customers of the seller. (b) contractors, subcontractors, suppliers, and vendors of the customer. ( ) third party claims.--such liability insurance under this section shall provide coverage against third party claims arising out of, relating to, or resulting from the sale or use of anti-terrorism technologies. (b) reciprocal waiver of claims.--the seller shall enter into a reciprocal waiver of claims with its contractors, subcontractors, suppliers, vendors and customers, and contractors and subcontractors of the customers, involved in the manufacture, sale, use or operation of qualified anti- terrorism technologies, under which each party to the waiver agrees to be responsible for losses, including business interruption losses, that it sustains, or for losses sustained by its own employees resulting from an activity resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act. (c) extent of liability.--notwithstanding any other provision of law, liability for all claims against a seller arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the seller, whether for compensatory or punitive damages or for contribution or indemnity, shall not be in an amount greater than the limits of liability insurance coverage required to be maintained by the seller under this section. sec. . [ u.s.c. ] definitions. for purposes of this subtitle, the following definitions apply: ( ) qualified anti-terrorism technology.--for purposes of this subtitle, the term ``qualified anti- terrorism technology'' means any product, equipment, service (including support services), device, or technology (including information technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause, that is designated as such by the secretary. ( ) act of terrorism.--(a) the term ``act of terrorism'' means any act that the secretary determines meets the requirements under subparagraph (b), as such requirements are further defined and specified by the secretary. (b) requirements.--an act meets the requirements of this subparagraph if the act-- (i) is unlawful; (ii) causes harm to a person, property, or entity, in the united states, or in the case of a domestic united states air carrier or a united states-flag vessel (or a vessel based principally in the united states on which united states income tax is paid and whose insurance coverage is subject to regulation in the united states), in or outside the united states; and (iii) uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the united states. ( ) insurance carrier.--the term ``insurance carrier'' means any corporation, association, society, order, firm, company, mutual, partnership, individual aggregation of individuals, or any other legal entity that provides commercial property and casualty insurance. such term includes any affiliates of a commercial insurance carrier. ( ) liability insurance.-- (a) in general.--the term ``liability insurance'' means insurance for legal liabilities incurred by the insured resulting from-- (i) loss of or damage to property of others; (ii) ensuing loss of income or extra expense incurred because of loss of or damage to property of others; (iii) bodily injury (including) to persons other than the insured or its employees; or (iv) loss resulting from debt or default of another. ( ) loss.--the term ``loss'' means death, bodily injury, or loss of or damage to property, including business interruption loss. ( ) non-federal government customers.--the term ``non-federal government customers'' means any customer of a seller that is not an agency or instrumentality of the united states government with authority under public law - to provide for indemnification under certain circumstances for third-party claims against its contractors, including but not limited to state and local authorities and commercial entities. subtitle h--miscellaneous provisions sec. . [ u.s.c. ] advisory committees. (a) in general.--the secretary may establish, appoint members of, and use the services of, advisory committees, as the secretary may deem necessary. an advisory committee established under this section may be exempted by the secretary from public law - , but the secretary shall publish notice in the federal register announcing the establishment of such a committee and identifying its purpose and membership. notwithstanding the preceding sentence, members of an advisory committee that is exempted by the secretary under the preceding sentence who are special government employees (as that term is defined in section of title , united states code) shall be eligible for certifications under subsection (b)( ) of section of title , united states code, for official actions taken as a member of such advisory committee. (b) termination.--any advisory committee established by the secretary shall terminate years after the date of its establishment, unless the secretary makes a written determination to extend the advisory committee to a specified date, which shall not be more than years after the date on which such determination is made. the secretary may make any number of subsequent extensions consistent with this subsection. sec. . [ u.s.c. ] reorganization. (a) reorganization.--the secretary may allocate or reallocate functions among the officers of the department, and may establish, consolidate, alter, or discontinue organizational units within the department, but only-- ( ) pursuant to section (b); or ( ) after the expiration of days after providing notice of such action to the appropriate congressional committees, which shall include an explanation of the rationale for the action. (b) limitations.-- ( ) in general.--authority under subsection (a)( ) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by this act. ( ) abolitions.--authority under subsection (a)( ) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by statute. sec. . [ u.s.c. ] use of appropriated funds. (a) disposal of property.-- ( ) strict compliance.--if specifically authorized to dispose of real property in this or any other act, the secretary shall exercise this authority in strict compliance with section of the federal property and administrative services act of ( u.s.c. ). ( ) deposit of proceeds.--the secretary shall deposit the proceeds of any exercise of property disposal authority into the miscellaneous receipts of the treasury in accordance with section (b) of title , united states code. (b) gifts.--except as authorized by section of title , united states code, and by section of title , united states code, gifts \ \ or donations of services or property of or for the department may not be accepted, used, or disposed of unless specifically permitted in advance in an appropriations act and only under the conditions and for the purposes specified in such appropriations act. --------------------------------------------------------------------------- \ \ section ( ) of public law - ( stat. ) amends subsection (b) by inserting ``except as authorized by section of title , united states code, and by section of title , united states code,'' before the word ``gifts'' in the second place it appears and by striking the letter ``g'' and inserting in lieu thereof ``g'' in the word ``gifts'' in the second place it appears. the word ``gifts'' appears once in the text, however, the amendments have been executed to reflect the probable intent of congress. --------------------------------------------------------------------------- (c) budget request.--under section of title , united states code, the president shall submit to congress a detailed budget request for the department for fiscal year , and for each subsequent fiscal year. sec. . [ u.s.c. ] future year homeland security program. (a) in general.--each budget request submitted to congress for the department under section of title , united states code, shall, at or about the same time, be accompanied by a future years homeland security program. (b) contents.--the future years homeland security program under subsection (a) shall-- ( ) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to congress by the secretary of defense under section of title , united states code; ( ) set forth the homeland security strategy of the department, which shall be developed and updated as appropriate annually by the secretary, that was used to develop program planning guidance for the future years homeland security program; and ( ) include an explanation of how the resource allocations included in the future years homeland security program correlate to the homeland security strategy set forth under paragraph ( ). (c) effective date.--this section shall take effect with respect to the preparation and submission of the fiscal year budget request for the department and for any subsequent fiscal year, except that the first future years homeland security program shall be submitted not later than days after the department's fiscal year budget request is submitted to congress. sec. . [ u.s.c. ] miscellaneous authorities. (a) seal.--the department shall have a seal, whose design is subject to the approval of the president. (b) participation of members of the armed forces.--with respect to the department, the secretary shall have the same authorities that the secretary of transportation has with respect to the department of transportation under section of title , united states code. (c) redelegation of functions.--unless otherwise provided in the delegation or by law, any function delegated under this act may be redelegated to any subordinate. sec. . [ u.s.c. ] military activities. nothing in this act shall confer upon the secretary any authority to engage in warfighting, the military defense of the united states, or other military activities, nor shall anything in this act limit the existing authority of the department of defense or the armed forces to engage in warfighting, the military defense of the united states, or other military activities. sec. . [ u.s.c. ] regulatory authority and preemption. (a) regulatory authority.--except as otherwise provided in sections (c), (c), and (b), this act vests no new regulatory authority in the secretary or any other federal official, and transfers to the secretary or another federal official only such regulatory authority as exists on the date of enactment of this act within any agency, program, or function transferred to the department pursuant to this act, or that on such date of enactment is exercised by another official of the executive branch with respect to such agency, program, or function. any such transferred authority may not be exercised by an official from whom it is transferred upon transfer of such agency, program, or function to the secretary or another federal official pursuant to this act. this act may not be construed as altering or diminishing the regulatory authority of any other executive agency, except to the extent that this act transfers such authority from the agency. (b) preemption of state or local law.--except as otherwise provided in this act, this act preempts no state or local law, except that any authority to preempt state or local law vested in any federal agency or official transferred to the department pursuant to this act shall be transferred to the department effective on the date of the transfer to the department of that federal agency or official. sec. . [ u.s.c. ] office of counternarcotics enforcement. (a) office.--there is established in the department an office of counternarcotics enforcement, which shall be headed by a director appointed by the president, by and with the advice and consent of the senate. (b) assignment of personnel.-- ( ) in general.--the secretary shall assign permanent staff to the office, consistent with effective management of department resources. ( ) liaisons.--the secretary shall designate senior employees from each appropriate subdivision of the department that has significant counternarcotics responsibilities to act as a liaison between that subdivision and the office of counternarcotics enforcement. (c) limitation on concurrent employment.--the director of the office of counternarcotics enforcement shall not be employed by, assigned to, or serve as the head of, any other branch of the federal government, any state or local government, or any subdivision of the department other than the office of counternarcotics enforcement. (d) responsibilities.--the secretary shall direct the director of the office of counternarcotics enforcement-- ( ) to coordinate policy and operations within the department, between the department and other federal departments and agencies, and between the department and state and local agencies with respect to stopping the entry of illegal drugs into the united states; ( ) to ensure the adequacy of resources within the department for stopping the entry of illegal drugs into the united states; ( ) to recommend the appropriate financial and personnel resources necessary to help the department better fulfill its responsibility to stop the entry of illegal drugs into the united states; ( ) within the joint terrorism task force construct to track and sever connections between illegal drug trafficking and terrorism; and ( ) to be a representative of the department on all task forces, committees, or other entities whose purpose is to coordinate the counternarcotics enforcement activities of the department and other federal, state or local agencies. (e) savings clause.--nothing in this section shall be construed to authorize direct control of the operations conducted by the directorate of border and transportation security, the coast guard, or joint terrorism task forces. (f) reports to congress.-- ( ) annual budget review.--the director of the office of counternarcotics enforcement shall, not later than days after the submission by the president to congress of any request for expenditures for the department, submit to the committees on appropriations and the authorizing committees of jurisdiction of the house of representatives and the senate a review and evaluation of such request. the review and evaluation shall-- (a) identify any request or subpart of any request that affects or may affect the counternarcotics activities of the department or any of its subdivisions, or that affects the ability of the department or any subdivision of the department to meet its responsibility to stop the entry of illegal drugs into the united states; (b) describe with particularity how such requested funds would be or could be expended in furtherance of counternarcotics activities; and (c) compare such requests with requests for expenditures and amounts appropriated by congress in the previous fiscal year. ( ) evaluation of counternarcotics activities.--the director of the office of counternarcotics enforcement shall, not later than february of each year, submit to the committees on appropriations and the authorizing committees of jurisdiction of the house of representatives and the senate a review and evaluation of the counternarcotics activities of the department for the previous fiscal year. the review and evaluation shall-- (a) describe the counternarcotics activities of the department and each subdivision of the department (whether individually or in cooperation with other subdivisions of the department, or in cooperation with other branches of the federal government or with state or local agencies), including the methods, procedures, and systems (including computer systems) for collecting, analyzing, sharing, and disseminating information concerning narcotics activity within the department and between the department and other federal, state, and local agencies; (b) describe the results of those activities, using quantifiable data whenever possible; (c) state whether those activities were sufficient to meet the responsibility of the department to stop the entry of illegal drugs into the united states, including a description of the performance measures of effectiveness that were used in making that determination; and (d) recommend, where appropriate, changes to those activities to improve the performance of the department in meeting its responsibility to stop the entry of illegal drugs into the united states. ( ) classified or law enforcement sensitive information.--any content of a review and evaluation described in the reports required in this subsection that involves information classified under criteria established by an executive order, or whose public disclosure, as determined by the secretary, would be detrimental to the law enforcement or national security activities of the department or any other federal, state, or local agency, shall be presented to congress separately from the rest of the review and evaluation. sec. . [ u.s.c. ] office of international affairs. (a) establishment.--there is established within the office of the secretary an office of international affairs. the office shall be headed by a director, who shall be a senior official appointed by the secretary. (b) duties of the director.--the director shall have the following duties: ( ) to promote information and education exchange with nations friendly to the united states in order to promote sharing of best practices and technologies relating to homeland security. such exchange shall include the following: (a) exchange of information on research and development on homeland security technologies. (b) joint training exercises of first responders. (c) exchange of expertise on terrorism prevention, response, and crisis management. ( ) to identify areas for homeland security information and training exchange where the united states has a demonstrated weakness and another friendly nation or nations have a demonstrated expertise. ( ) to plan and undertake international conferences, exchange programs, and training activities. ( ) to manage international activities within the department in coordination with other federal officials with responsibility for counter-terrorism matters. sec. . [ u.s.c. ] prohibition of the terrorism information and prevention system. any and all activities of the federal government to implement the proposed component program of the citizen corps known as operation tips (terrorism information and prevention system) are hereby prohibited. sec. . [ u.s.c. ] review of pay and benefit plans. notwithstanding any other provision of this act, the secretary shall, in consultation with the director of the office of personnel management, review the pay and benefit plans of each agency whose functions are transferred under this act to the department and, within days after the date of enactment, submit a plan to the president of the senate and the speaker of the house of representatives and the appropriate committees and subcommittees of congress, for ensuring, to the maximum extent practicable, the elimination of disparities in pay and benefits throughout the department, especially among law enforcement personnel, that are inconsistent with merit system principles set forth in section of title , united states code. sec. . [ u.s.c. ] office for national capital region coordination. (a) establishment.-- ( ) in general.--there is established within the office of the secretary the office of national capital region coordination, to oversee and coordinate federal programs for and relationships with state, local, and regional authorities in the national capital region, as defined under section (f)( ) of title , united states code. ( ) director.--the office established under paragraph ( ) shall be headed by a director, who shall be appointed by the secretary. ( ) cooperation.--the secretary shall cooperate with the mayor of the district of columbia, the governors of maryland and virginia, and other state, local, and regional officers in the national capital region to integrate the district of columbia, maryland, and virginia into the planning, coordination, and execution of the activities of the federal government for the enhancement of domestic preparedness against the consequences of terrorist attacks. (b) responsibilities.--the office established under subsection (a)( ) shall-- ( ) coordinate the activities of the department relating to the national capital region, including cooperation with the office for state and local government coordination; ( ) assess, and advocate for, the resources needed by state, local, and regional authorities in the national capital region to implement efforts to secure the homeland; ( ) provide state, local, and regional authorities in the national capital region with regular information, research, and technical support to assist the efforts of state, local, and regional authorities in the national capital region in securing the homeland; ( ) develop a process for receiving meaningful input from state, local, and regional authorities and the private sector in the national capital region to assist in the development of the homeland security plans and activities of the federal government; ( ) coordinate with federal agencies in the national capital region on terrorism preparedness, to ensure adequate planning, information sharing, training, and execution of the federal role in domestic preparedness activities; ( ) coordinate with federal, state, local, and regional agencies, and the private sector in the national capital region on terrorism preparedness to ensure adequate planning, information sharing, training, and execution of domestic preparedness activities among these agencies and entities; and ( ) serve as a liaison between the federal government and state, local, and regional authorities, and private sector entities in the national capital region to facilitate access to federal grants and other programs. (c) annual report.--the office established under subsection (a) shall submit an annual report to congress that includes-- ( ) the identification of the resources required to fully implement homeland security efforts in the national capital region; ( ) an assessment of the progress made by the national capital region in implementing homeland security efforts; and ( ) recommendations to congress regarding the additional resources needed to fully implement homeland security efforts in the national capital region. (d) limitation.--nothing contained in this section shall be construed as limiting the power of state and local governments. sec. . [ u.s.c. ] requirement to comply with laws protecting equal employment opportunity and providing whistleblower protections. nothing in this act shall be construed as exempting the department from requirements applicable with respect to executive agencies-- ( ) to provide equal employment protection for employees of the department (including pursuant to the provisions in section (b)( ) of title , united states code, and the notification and federal employee antidiscrimination and retaliation act of (public law - )); or ( ) to provide whistleblower protections for employees of the department (including pursuant to the provisions in section (b)( ) and ( ) of such title and the notification and federal employee antidiscrimination and retaliation act of ). sec. . [ u.s.c. ] federal law enforcement training center. (a) in general.--the transfer of an authority or an agency under this act to the department of homeland security does not affect training agreements already entered into with the federal law enforcement training center with respect to the training of personnel to carry out that authority or the duties of that transferred agency. (b) continuity of operations.--all activities of the federal law enforcement training center transferred to the department of homeland security under this act shall continue to be carried out at the locations such activities were carried out before such transfer. sec. . [ u.s.c. ] joint interagency task force. (a) establishment.--the secretary may establish and operate a permanent joint interagency homeland security task force composed of representatives from military and civilian agencies of the united states government for the purposes of anticipating terrorist threats against the united states and taking appropriate actions to prevent harm to the united states. (b) structure.--it is the sense of congress that the secretary should model the joint interagency homeland security task force on the approach taken by the joint interagency task forces for drug interdiction at key west, florida and alameda, california, to the maximum extent feasible and appropriate. sec. . [ u.s.c. ] sense of congress reaffirming the continued importance and applicability of the posse comitatus act. (a) findings.--congress finds the following: ( ) section of title , united states code (commonly known as the ``posse comitatus act''), prohibits the use of the armed forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the constitution or act of congress. ( ) enacted in , the posse comitatus act was expressly intended to prevent united states marshals, on their own initiative, from calling on the army for assistance in enforcing federal law. ( ) the posse comitatus act has served the nation well in limiting the use of the armed forces to enforce the law. ( ) nevertheless, by its express terms, the posse comitatus act is not a complete barrier to the use of the armed forces for a range of domestic purposes, including law enforcement functions, when the use of the armed forces is authorized by act of congress or the president determines that the use of the armed forces is required to fulfill the president's obligations under the constitution to respond promptly in time of war, insurrection, or other serious emergency. ( ) existing laws, including chapter of title , united states code (commonly known as the ``insurrection act''), and the robert t. stafford disaster relief and emergency assistance act ( u.s.c. et seq.), grant the president broad powers that may be invoked in the event of domestic emergencies, including an attack against the nation using weapons of mass destruction, and these laws specifically authorize the president to use the armed forces to help restore public order. (b) sense of congress.--congress reaffirms the continued importance of section of title , united states code, and it is the sense of congress that nothing in this act should be construed to alter the applicability of such section to any use of the armed forces as a posse comitatus to execute the laws. sec. . [ u.s.c. ] coordination with the department of health and human services under the public health service act. (a) in general.--the annual federal response plan developed by the department shall be consistent with section of the public health service act ( u.s.c. d). (b) disclosures among relevant agencies.-- ( ) in general.--full disclosure among relevant agencies shall be made in accordance with this subsection. ( ) public health emergency.--during the period in which the secretary of health and human services has declared the existence of a public health emergency under section (a) of the public health service act ( u.s.c. d(a)), the secretary of health and human services shall keep relevant agencies, including the department of homeland security, the department of justice, and the federal bureau of investigation, fully and currently informed. ( ) potential public health emergency.--in cases involving, or potentially involving, a public health emergency, but in which no determination of an emergency by the secretary of health and human services under section (a) of the public health service act ( u.s.c. d(a)), has been made, all relevant agencies, including the department of homeland security, the department of justice, and the federal bureau of investigation, shall keep the secretary of health and human services and the director of the centers for disease control and prevention fully and currently informed. sec. . [ u.s.c. ] preserving coast guard mission performance. (a) definitions.--in this section: ( ) non-homeland security missions.--the term ``non-homeland security missions'' means the following missions of the coast guard: (a) marine safety. (b) search and rescue. (c) aids to navigation. (d) living marine resources (fisheries law enforcement). (e) marine environmental protection. (f) ice operations. ( ) homeland security missions.--the term ``homeland security missions'' means the following missions of the coast guard: (a) ports, waterways and coastal security. (b) drug interdiction. (c) migrant interdiction. (d) defense readiness. (e) other law enforcement. (b) transfer.--there are transferred to the department the authorities, functions, personnel, and assets of the coast guard, which shall be maintained as a distinct entity within the department, including the authorities and functions of the secretary of transportation relating thereto. (c) maintenance of status of functions and assets.-- notwithstanding any other provision of this act, the authorities, functions, and capabilities of the coast guard to perform its missions shall be maintained intact and without significant reduction after the transfer of the coast guard to the department, except as specified in subsequent acts. (d) certain transfers prohibited.--no mission, function, or asset (including for purposes of this subsection any ship, aircraft, or helicopter) of the coast guard may be diverted to the principal and continuing use of any other organization, unit, or entity of the department, except for details or assignments that do not reduce the coast guard's capability to perform its missions. (e) changes to missions.-- ( ) prohibition.--the secretary may not substantially or significantly reduce the missions of the coast guard or the coast guard's capability to perform those missions, except as specified in subsequent acts. ( ) waiver.--the secretary may waive the restrictions under paragraph ( ) for a period of not to exceed days upon a declaration and certification by the secretary to congress that a clear, compelling, and immediate need exists for such a waiver. a certification under this paragraph shall include a detailed justification for the declaration and certification, including the reasons and specific information that demonstrate that the nation and the coast guard cannot respond effectively if the restrictions under paragraph ( ) are not waived. (f) annual review.-- ( ) in general.--the inspector general of the department shall conduct an annual review that shall assess thoroughly the performance by the coast guard of all missions of the coast guard (including non-homeland security missions and homeland security missions) with a particular emphasis on examining the non-homeland security missions. ( ) report.--the report under this paragraph shall be submitted to-- (a) the committee on governmental affairs of the senate; (b) the committee on government reform of the house of representatives; (c) the committees on appropriations of the senate and the house of representatives; (d) the committee on commerce, science, and transportation of the senate; and (e) the committee on transportation and infrastructure of the house of representatives. (g) direct reporting to secretary.--upon the transfer of the coast guard to the department, the commandant shall report directly to the secretary without being required to report through any other official of the department. (h) operation as a service in the navy.--none of the conditions and restrictions in this section shall apply when the coast guard operates as a service in the navy under section of title , united states code. (i) report on accelerating the integrated deepwater system.--not later than days after the date of enactment of this act, the secretary, in consultation with the commandant of the coast guard, shall submit a report to the committee on commerce, science, and transportation of the senate, the committee on transportation and infrastructure of the house of representatives, and the committees on appropriations of the senate and the house of representatives that-- ( ) analyzes the feasibility of accelerating the rate of procurement in the coast guard's integrated deepwater system from years to years; ( ) includes an estimate of additional resources required; ( ) describes the resulting increased capabilities; ( ) outlines any increases in the coast guard's homeland security readiness; ( ) describes any increases in operational efficiencies; and ( ) provides a revised asset phase-in time line. * * * * * * * sec. . homeland security funding analysis in president's budget. (a) * * * * * * * * * * (c) [ u.s.c. note] effective date.--this section and the amendment made by this section shall apply beginning with respect to the fiscal year budget submission. * * * * * * * subtitle i--information sharing sec. . [ u.s.c. ] short title; findings; and sense of congress. (a) short title.--this subtitle may be cited as the ``homeland security information sharing act''. (b) findings.--congress finds the following: ( ) the federal government is required by the constitution to provide for the common defense, which includes terrorist attack. ( ) the federal government relies on state and local personnel to protect against terrorist attack. ( ) the federal government collects, creates, manages, and protects classified and sensitive but unclassified information to enhance homeland security. ( ) some homeland security information is needed by the state and local personnel to prevent and prepare for terrorist attack. ( ) the needs of state and local personnel to have access to relevant homeland security information to combat terrorism must be reconciled with the need to preserve the protected status of such information and to protect the sources and methods used to acquire such information. ( ) granting security clearances to certain state and local personnel is one way to facilitate the sharing of information regarding specific terrorist threats among federal, state, and local levels of government. ( ) methods exist to declassify, redact, or otherwise adapt classified information so it may be shared with state and local personnel without the need for granting additional security clearances. ( ) state and local personnel have capabilities and opportunities to gather information on suspicious activities and terrorist threats not possessed by federal agencies. ( ) the federal government and state and local governments and agencies in other jurisdictions may benefit from such information. ( ) federal, state, and local governments and intelligence, law enforcement, and other emergency preparation and response agencies must act in partnership to maximize the benefits of information gathering and analysis to prevent and respond to terrorist attacks. ( ) information systems, including the national law enforcement telecommunications system and the terrorist threat warning system, have been established for rapid sharing of classified and sensitive but unclassified information among federal, state, and local entities. ( ) increased efforts to share homeland security information should avoid duplicating existing information systems. (c) sense of congress.--it is the sense of congress that federal, state, and local entities should share homeland security information to the maximum extent practicable, with special emphasis on hard-to-reach urban and rural communities. sec. . [ u.s.c. ] facilitating homeland security information sharing procedures. (a) procedures for determining extent of sharing of homeland security information.-- ( ) the president shall prescribe and implement procedures under which relevant federal agencies-- (a) share relevant and appropriate homeland security information with other federal agencies, including the department, and appropriate state and local personnel; (b) identify and safeguard homeland security information that is sensitive but unclassified; and (c) to the extent such information is in classified form, determine whether, how, and to what extent to remove classified information, as appropriate, and with which such personnel it may be shared after such information is removed. ( ) the president shall ensure that such procedures apply to all agencies of the federal government. ( ) such procedures shall not change the substantive requirements for the classification and safeguarding of classified information. ( ) such procedures shall not change the requirements and authorities to protect sources and methods. (b) procedures for sharing of homeland security information.-- ( ) under procedures prescribed by the president, all appropriate agencies, including the intelligence community, shall, through information sharing systems, share homeland security information with federal agencies and appropriate state and local personnel to the extent such information may be shared, as determined in accordance with subsection (a), together with assessments of the credibility of such information. ( ) each information sharing system through which information is shared under paragraph ( ) shall-- (a) have the capability to transmit unclassified or classified information, though the procedures and recipients for each capability may differ; (b) have the capability to restrict delivery of information to specified subgroups by geographic location, type of organization, position of a recipient within an organization, or a recipient's need to know such information; (c) be configured to allow the efficient and effective sharing of information; and (d) be accessible to appropriate state and local personnel. ( ) the procedures prescribed under paragraph ( ) shall establish conditions on the use of information shared under paragraph ( )-- (a) to limit the redissemination of such information to ensure that such information is not used for an unauthorized purpose; (b) to ensure the security and confidentiality of such information; (c) to protect the constitutional and statutory rights of any individuals who are subjects of such information; and (d) to provide data integrity through the timely removal and destruction of obsolete or erroneous names and information. ( ) the procedures prescribed under paragraph ( ) shall ensure, to the greatest extent practicable, that the information sharing system through which information is shared under such paragraph include existing information sharing systems, including, but not limited to, the national law enforcement telecommunications system, the regional information sharing system, and the terrorist threat warning system of the federal bureau of investigation. ( ) each appropriate federal agency, as determined by the president, shall have access to each information sharing system through which information is shared under paragraph ( ), and shall therefore have access to all information, as appropriate, shared under such paragraph. ( ) the procedures prescribed under paragraph ( ) shall ensure that appropriate state and local personnel are authorized to use such information sharing systems-- (a) to access information shared with such personnel; and (b) to share, with others who have access to such information sharing systems, the homeland security information of their own jurisdictions, which shall be marked appropriately as pertaining to potential terrorist activity. ( ) under procedures prescribed jointly by the director of central intelligence and the attorney general, each appropriate federal agency, as determined by the president, shall review and assess the information shared under paragraph ( ) and integrate such information with existing intelligence. (c) sharing of classified information and sensitive but unclassified information with state and local personnel.-- ( ) the president shall prescribe procedures under which federal agencies may, to the extent the president considers necessary, share with appropriate state and local personnel homeland security information that remains classified or otherwise protected after the determinations prescribed under the procedures set forth in subsection (a). ( ) it is the sense of congress that such procedures may include or more of the following means: (a) carrying out security clearance investigations with respect to appropriate state and local personnel. (b) with respect to information that is sensitive but unclassified, entering into nondisclosure agreements with appropriate state and local personnel. (c) increased use of information-sharing partnerships that include appropriate state and local personnel, such as the joint terrorism task forces of the federal bureau of investigation, the anti-terrorism task forces of the department of justice, and regional terrorism early warning groups. ( )(a) the secretary shall establish a program to provide appropriate training to officials described in subparagraph (b) in order to assist such officials in-- (i) identifying sources of potential terrorist threats through such methods as the secretary determines appropriate; (ii) reporting information relating to such potential terrorist threats to the appropriate federal agencies in the appropriate form and manner; (iii) assuring that all reported information is systematically submitted to and passed on by the department for use by appropriate federal agencies; and (iv) understanding the mission and roles of the intelligence community to promote more effective information sharing among federal, state, and local officials and representatives of the private sector to prevent terrorist attacks against the united states. (b) the officials referred to in subparagraph (a) are officials of state and local government agencies and representatives of private sector entities with responsibilities relating to the oversight and management of first responders, counterterrorism activities, or critical infrastructure. (c) the secretary shall consult with the attorney general to ensure that the training program established in subparagraph (a) does not duplicate the training program established in section of the usa patriot act (public law - ; u.s.c. note). (d) the secretary shall carry out this paragraph in consultation with the director of central intelligence and the attorney general. (d) responsible officials.--for each affected federal agency, the head of such agency shall designate an official to administer this act with respect to such agency. (e) federal control of information.--under procedures prescribed under this section, information obtained by a state or local government from a federal agency under this section shall remain under the control of the federal agency, and a state or local law authorizing or requiring such a government to disclose information shall not apply to such information. (f) definitions.--as used in this section: ( ) the term ``homeland security information'' means any information possessed by a federal, state, or local agency that-- (a) relates to the threat of terrorist activity; (b) relates to the ability to prevent, interdict, or disrupt terrorist activity; (c) would improve the identification or investigation of a suspected terrorist or terrorist organization; or (d) would improve the response to a terrorist act. ( ) the term ``intelligence community'' has the meaning given such term in section ( ) of the national security act of ( u.s.c. a( )). ( ) the term ``state and local personnel'' means any of the following persons involved in prevention, preparation, or response for terrorist attack: (a) state governors, mayors, and other locally elected officials. (b) state and local law enforcement personnel and firefighters. (c) public health and medical professionals. (d) regional, state, and local emergency management agency personnel, including state adjutant generals. (e) other appropriate emergency response agency personnel. (f) employees of private-sector entities that affect critical infrastructure, cyber, economic, or public health security, as designated by the federal government in procedures developed pursuant to this section. ( ) the term ``state'' includes the district of columbia and any commonwealth, territory, or possession of the united states. (g) construction.--nothing in this act shall be construed as authorizing any department, bureau, agency, officer, or employee of the federal government to request, receive, or transmit to any other government entity or personnel, or transmit to any state or local entity or personnel otherwise authorized by this act to receive homeland security information, any information collected by the federal government solely for statistical purposes in violation of any other provision of law relating to the confidentiality of such information. sec. . [ u.s.c. ] report. (a) report required.--not later than months after the date of the enactment of this act, the president shall submit to the congressional committees specified in subsection (b) a report on the implementation of section . the report shall include any recommendations for additional measures or appropriation requests, beyond the requirements of section , to increase the effectiveness of sharing of information between and among federal, state, and local entities. (b) specified congressional committees.--the congressional committees referred to in subsection (a) are the following committees: ( ) the permanent select committee on intelligence and the committee on the judiciary of the house of representatives. ( ) the select committee on intelligence and the committee on the judiciary of the senate. sec. . [ u.s.c. ] authorization of appropriations. there are authorized to be appropriated such sums as may be necessary to carry out section . * * * * * * * subtitle j--secure handling of ammonium nitrate sec. a. [ u.s.c. ] definitions. in this subtitle: ( ) ammonium nitrate.--the term ``ammonium nitrate'' means-- (a) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than percent nitrogen by weight; and (b) any mixture containing a percentage of ammonium nitrate that is equal to or greater than the percentage determined by the secretary under section b(b). ( ) ammonium nitrate facility.--the term ``ammonium nitrate facility'' means any entity that produces, sells or otherwise transfers ownership of, or provides application services for ammonium nitrate. ( ) ammonium nitrate purchaser.--the term ``ammonium nitrate purchaser'' means any person who purchases ammonium nitrate from an ammonium nitrate facility. sec. b. [ u.s.c. a] regulation of the sale and transfer of ammonium nitrate. (a) in general.--the secretary shall regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility in accordance with this subtitle to prevent the misappropriation or use of ammonium nitrate in an act of terrorism. (b) ammonium nitrate mixtures.--not later than days after the date of the enactment of this subtitle, the secretary, in consultation with the heads of appropriate federal departments and agencies (including the secretary of agriculture), shall, after notice and an opportunity for comment, establish a threshold percentage for ammonium nitrate in a substance. (c) registration of owners of ammonium nitrate facilities.-- ( ) registration.--the secretary shall establish a process by which any person that-- (a) owns an ammonium nitrate facility is required to register with the department; and (b) registers under subparagraph (a) is issued a registration number for purposes of this subtitle. ( ) registration information.--any person applying to register under paragraph ( ) shall submit to the secretary-- (a) the name, address, and telephone number of each ammonium nitrate facility owned by that person; (b) the name of the person designated by that person as the point of contact for each such facility, for purposes of this subtitle; and (c) such other information as the secretary may determine is appropriate. (d) registration of ammonium nitrate purchasers.-- ( ) registration.--the secretary shall establish a process by which any person that-- (a) intends to be an ammonium nitrate purchaser is required to register with the department; and (b) registers under subparagraph (a) is issued a registration number for purposes of this subtitle. ( ) registration information.--any person applying to register under paragraph ( ) as an ammonium nitrate purchaser shall submit to the secretary-- (a) the name, address, and telephone number of the applicant; and (b) the intended use of ammonium nitrate to be purchased by the applicant. (e) records.-- ( ) maintenance of records.--the owner of an ammonium nitrate facility shall-- (a) maintain a record of each sale or transfer of ammonium nitrate, during the two- year period beginning on the date of that sale or transfer; and (b) include in such record the information described in paragraph ( ). ( ) specific information required.--for each sale or transfer of ammonium nitrate, the owner of an ammonium nitrate facility shall-- (a) record the name, address, telephone number, and registration number issued under subsection (c) or (d) of each person that purchases ammonium nitrate, in a manner prescribed by the secretary; (b) if applicable, record the name, address, and telephone number of an agent acting on behalf of the person described in subparagraph (a), at the point of sale; (c) record the date and quantity of ammonium nitrate sold or transferred; and (d) verify the identity of the persons described in subparagraphs (a) and (b), as applicable, in accordance with a procedure established by the secretary. ( ) protection of information.--in maintaining records in accordance with paragraph ( ), the owner of an ammonium nitrate facility shall take reasonable actions to ensure the protection of the information included in such records. (f) exemption for explosive purposes.--the secretary may exempt from this subtitle a person producing, selling, or purchasing ammonium nitrate exclusively for use in the production of an explosive under a license or permit issued under chapter of title , united states code. (g) consultation.--in carrying out this section, the secretary shall consult with the secretary of agriculture, states, and appropriate private sector entities, to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened. (h) data confidentiality.-- ( ) in general.--notwithstanding section of title , united states code, or the usa patriot act (public law - ; stat. ), and except as provided in paragraph ( ), the secretary may not disclose to any person any information obtained under this subtitle. ( ) exception.--the secretary may disclose any information obtained by the secretary under this subtitle to-- (a) an officer or employee of the united states, or a person that has entered into a contract with the united states, who has a need to know the information to perform the duties of the officer, employee, or person; or (b) to a state agency under section d, under appropriate arrangements to ensure the protection of the information. (i) registration procedures and check of terrorist screening database.-- ( ) registration procedures.-- (a) generally.--the secretary shall establish procedures to efficiently receive applications for registration numbers under this subtitle, conduct the checks required under paragraph ( ), and promptly issue or deny a registration number. (b) initial six-month registration period.--the secretary shall take steps to maximize the number of registration applications that are submitted and processed during the six-month period described in section f(e). ( ) check of terrorist screening database.-- (a) check required.--the secretary shall conduct a check of appropriate identifying information of any person seeking to register with the department under subsection (c) or (d) against identifying information that appears in the terrorist screening database of the department. (b) authority to deny registration number.--if the identifying information of a person seeking to register with the department under subsection (c) or (d) appears in the terrorist screening database of the department, the secretary may deny issuance of a registration number under this subtitle. ( ) expedited review of applications.-- (a) in general.--following the six-month period described in section f(e), the secretary shall, to the extent practicable, issue or deny registration numbers under this subtitle not later than hours after the time the secretary receives a complete registration application, unless the secretary determines, in the interest of national security, that additional time is necessary to review an application. (b) notice of application status.--in all cases, the secretary shall notify a person seeking to register with the department under subsection (c) or (d) of the status of the application of that person not later than hours after the time the secretary receives a complete registration application. ( ) expedited appeals process.-- (a) requirement.-- (i) appeals process.--the secretary shall establish an expedited appeals process for persons denied a registration number under this subtitle. (ii) time period for resolution.-- the secretary shall, to the extent practicable, resolve appeals not later than hours after receiving a complete request for appeal unless the secretary determines, in the interest of national security, that additional time is necessary to resolve an appeal. (b) consultation.--the secretary, in developing the appeals process under subparagraph (a), shall consult with appropriate stakeholders. (c) guidance.--the secretary shall provide guidance regarding the procedures and information required for an appeal under subparagraph (a) to any person denied a registration number under this subtitle. ( ) restrictions on use and maintenance of information.-- (a) in general.--any information constituting grounds for denial of a registration number under this section shall be maintained confidentially by the secretary and may be used only for making determinations under this section. (b) sharing of information.-- notwithstanding any other provision of this subtitle, the secretary may share any such information with federal, state, local, and tribal law enforcement agencies, as appropriate. ( ) registration information.-- (a) authority to require information.--the secretary may require a person applying for a registration number under this subtitle to submit such information as may be necessary to carry out the requirements of this section. (b) requirement to update information.--the secretary may require persons issued a registration under this subtitle to update registration information submitted to the secretary under this subtitle, as appropriate. ( ) re-checks against terrorist screening database.-- (a) re-checks.--the secretary shall, as appropriate, recheck persons provided a registration number pursuant to this subtitle against the terrorist screening database of the department, and may revoke such registration number if the secretary determines such person may pose a threat to national security. (b) notice of revocation.--the secretary shall, as appropriate, provide prior notice to a person whose registration number is revoked under this section and such person shall have an opportunity to appeal, as provided in paragraph ( ). sec. c. [ u.s.c. b] inspection and auditing of records. the secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium nitrate facilities for the purpose of monitoring compliance with this subtitle or for the purpose of deterring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism. sec. d. [ u.s.c. c] administrative provisions. (a) cooperative agreements.--the secretary-- ( ) may enter into a cooperative agreement with the secretary of agriculture, or the head of any state department of agriculture or its designee involved in agricultural regulation, in consultation with the state agency responsible for homeland security, to carry out the provisions of this subtitle; and ( ) wherever possible, shall seek to cooperate with state agencies or their designees that oversee ammonium nitrate facility operations when seeking cooperative agreements to implement the registration and enforcement provisions of this subtitle. (b) delegation.-- ( ) authority.--the secretary may delegate to a state the authority to assist the secretary in the administration and enforcement of this subtitle. ( ) delegation required.--at the request of a governor of a state, the secretary shall delegate to that state the authority to carry out functions under sections b and c, if the secretary determines that the state is capable of satisfactorily carrying out such functions. ( ) funding.--subject to the availability of appropriations, if the secretary delegates functions to a state under this subsection, the secretary shall provide to that state sufficient funds to carry out the delegated functions. (c) provision of guidance and notification materials to ammonium nitrate facilities.-- ( ) guidance.--the secretary shall make available to each owner of an ammonium nitrate facility registered under section b(c)( ) guidance on-- (a) the identification of suspicious ammonium nitrate purchases or transfers or attempted purchases or transfers; (b) the appropriate course of action to be taken by the ammonium nitrate facility owner with respect to such a purchase or transfer or attempted purchase or transfer, including-- (i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium nitrate; and (ii) notifying appropriate law enforcement entities; and (c) additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism. ( ) use of materials and programs.--in providing guidance under this subsection, the secretary shall, to the extent practicable, leverage any relevant materials and programs. ( ) notification materials.-- (a) in general.--the secretary shall make available materials suitable for posting at locations where ammonium nitrate is sold. (b) design of materials.--materials made available under subparagraph (a) shall be designed to notify prospective ammonium nitrate purchasers of-- (i) the record-keeping requirements under section b; and (ii) the penalties for violating such requirements. sec. e. [ u.s.c. d] theft reporting requirement. any person who is required to comply with section b(e) who has knowledge of the theft or unexplained loss of ammonium nitrate shall report such theft or loss to the appropriate federal law enforcement authorities not later than calendar day of the date on which the person becomes aware of such theft or loss. upon receipt of such report, the relevant federal authorities shall inform state, local, and tribal law enforcement entities, as appropriate. sec. f. [ u.s.c. e] prohibitions and penalty. (a) prohibitions.-- ( ) taking possession.--no person shall purchase ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of section b, or is an agent of a person registered under subsection (c) or (d) of that section. ( ) transferring possession.--an owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or (d) of section b, or to any agent acting on behalf of an ammonium nitrate purchaser when such purchaser is not registered under subsection (c) or (d) of section b. ( ) other prohibitions.--no person shall-- (a) purchase ammonium nitrate without a registration number required under subsection (c) or (d) of section b; (b) own or operate an ammonium nitrate facility without a registration number required under section b(c); or (c) fail to comply with any requirement or violate any other prohibition under this subtitle. (b) civil penalty.--a person that violates this subtitle may be assessed a civil penalty by the secretary of not more than $ , per violation. (c) penalty considerations.--in determining the amount of a civil penalty under this section, the secretary shall consider-- ( ) the nature and circumstances of the violation; ( ) with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and ( ) any other matter that the secretary determines that justice requires. (d) notice and opportunity for a hearing.--no civil penalty may be assessed under this subtitle unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person. (e) delay in application of prohibition.--paragraphs ( ) and ( ) of subsection (a) shall apply on and after the date that is months after the date that the secretary issues a final rule implementing this subtitle. sec. g. [ u.s.c. f] protection from civil liability. (a) in general.--notwithstanding any other provision of law, an owner of an ammonium nitrate facility that in good faith refuses to sell or transfer ammonium nitrate to any person, or that in good faith discloses to the department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of ammonium nitrate, based upon a reasonable belief that the person seeking purchase or transfer of ammonium nitrate may use the ammonium nitrate to create an explosive device to be employed in an act of terrorism (as defined in section of title , united states code), or to use ammonium nitrate for any other unlawful purpose, shall not be liable in any civil action relating to that refusal to sell ammonium nitrate or that disclosure. (b) reasonable belief.--a reasonable belief that a person may use ammonium nitrate to create an explosive device to be employed in an act of terrorism under subsection (a) may not solely be based on the race, sex, national origin, creed, religion, status as a veteran, or status as a member of the armed forces of the united states of that person. sec. h. [ u.s.c. g] preemption of other laws. (a) other federal regulations.--except as provided in section g, nothing in this subtitle affects any regulation issued by any agency other than an agency of the department. (b) state law.--subject to section g, this subtitle preempts the laws of any state to the extent that such laws are inconsistent with this subtitle, except that this subtitle shall not preempt any state law that provides additional protection against the acquisition of ammonium nitrate by terrorists or the use of ammonium nitrate in explosives in acts of terrorism or for other illicit purposes, as determined by the secretary. sec. i. [ u.s.c. h] deadlines for regulations. the secretary-- ( ) shall issue a proposed rule implementing this subtitle not later than months after the date of the enactment of this subtitle; and ( ) issue a final rule implementing this subtitle not later than year after such date of enactment. sec. j. [ u.s.c. i] authorization of appropriations. there are authorized to be appropriated to the secretary-- ( ) $ , , for fiscal year ; and ( ) $ , , for each of fiscal years through . title ix--national homeland security council sec. . [ u.s.c. ] national homeland security council. there is established within the executive office of the president a council to be known as the ``homeland security council'' (in this title referred to as the ``council''). sec. . [ u.s.c. ] function. the function of the council shall be to advise the president on homeland security matters. sec. . [ u.s.c. ] membership. (a) members-- \ \the members of the council shall be the following: --------------------------------------------------------------------------- \ \ a period probably should appear prior to the dash in the heading for subsection (a) of section . --------------------------------------------------------------------------- ( ) the president. ( ) the vice president. ( ) the secretary of homeland security. ( ) the attorney general. ( ) the secretary of defense. ( ) such other individuals as may be designated by the president. (b) attendance of chairman of joint chiefs of staff at meetings.--the chairman of the joint chiefs of staff (or, in the absence of the chairman, the vice chairman of the joint chiefs of staff) may, in the role of the chairman of the joint chiefs of staff as principal military adviser to the council and subject to the direction of the president, attend and participate in meetings of the council. sec. . [ u.s.c. ] other functions and activities. for the purpose of more effectively coordinating the policies and functions of the united states government relating to homeland security, the council shall-- ( ) assess the objectives, commitments, and risks of the united states in the interest of homeland security and to make resulting recommendations to the president; ( ) oversee and review homeland security policies of the federal government and to make resulting recommendations to the president; and ( ) perform such other functions as the president may direct. sec. . [ u.s.c. ] staff composition. the council shall have a staff, the head of which shall be a civilian executive secretary, who shall be appointed by the president. the president is authorized to fix the pay of the executive secretary at a rate not to exceed the rate of pay payable to the executive secretary of the national security council. sec. . [ u.s.c. ] relation to the national security council. the president may convene joint meetings of the homeland security council and the national security council with participation by members of either council or as the president may otherwise direct. title x--information security sec. . information security. (a) [ u.s.c. note] short title.--this title may be cited as the ``federal information security management act of ''. * * * * * * * (c) [ u.s.c. ] information security responsibilities of certain agencies.-- ( ) national security responsibilities.--(a) nothing in this act (including any amendment made by this act) shall supersede any authority of the secretary of defense, the director of central intelligence, or other agency head, as authorized by law and as directed by the president, with regard to the operation, control, or management of national security systems, as defined by section ( ) of title , united states code. * * * * * * * ( ) atomic energy act of .--nothing in this act shall supersede any requirement made by or under the atomic energy act of ( u.s.c. et seq.). restricted data or formerly restricted data shall be handled, protected, classified, downgraded, and declassified in conformity with the atomic energy act of ( u.s.c. et seq.). * * * * * * * sec. . [ u.s.c. ] construction. nothing in this act, or the amendments made by this act, affects the authority of the national institute of standards and technology or the department of commerce relating to the development and promulgation of standards or guidelines under paragraphs ( ) and ( ) of section (a) of the national institute of standards and technology act ( u.s.c. g- (a)). title xi--department of justice divisions subtitle a--executive office for immigration review sec. . legal status of eoir. (a) [ u.s.c. ] existence of eoir.--there is in the department of justice the executive office for immigration review, which shall be subject to the direction and regulation of the attorney general under section (g) of the immigration and nationality act, as added by section . * * * * * * * sec. . [ u.s.c. ] statutory construction. nothing in this act, any amendment made by this act, or in section of the immigration and nationality act, as amended by section , shall be construed to limit judicial deference to regulations, adjudications, interpretations, orders, decisions, judgments, or any other actions of the secretary of homeland security or the attorney general. subtitle b--transfer of the bureau of alcohol, tobacco and firearms to the department of justice sec. . [ u.s.c. ] bureau of alcohol, tobacco, firearms, and explosives. (a) establishment.-- ( ) in general.--there is established within the department of justice under the general authority of the attorney general the bureau of alcohol, tobacco, firearms, and explosives (in this section referred to as the ``bureau''). ( ) director.--there shall be at the head of the bureau a director, bureau of alcohol, tobacco, firearms, and explosives (in this subtitle referred to as the ``director''). the director shall be appointed by the president, by and with the advice and consent of the senate and shall perform such functions as the attorney general shall direct. the director shall receive compensation at the rate prescribed by law under section of title v, united states code, for positions at level iii of the executive schedule. ( ) coordination.--the attorney general, acting through the director and such other officials of the department of justice as the attorney general may designate, shall provide for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the attorney general so as to assure maximum cooperation between and among any officer, employee, or agency of the department of justice involved in the performance of these and related functions. ( ) performance of transferred functions.--the attorney general may make such provisions as the attorney general determines appropriate to authorize the performance by any officer, employee, or agency of the department of justice of any function transferred to the attorney general under this section. (b) responsibilities.--subject to the direction of the attorney general, the bureau shall be responsible for investigating-- ( ) criminal and regulatory violations of the federal firearms, explosives, arson, alcohol, and tobacco smuggling laws; ( ) the functions transferred by subsection (c); and ( ) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the bureau by the attorney general. (c) transfer of authorities, functions, personnel, and assets to the department of justice.-- ( ) in general.--subject to paragraph ( ), but notwithstanding any other provision of law, there are transferred to the department of justice the authorities, functions, personnel, and assets of the bureau of alcohol, tobacco and firearms, which shall be maintained as a distinct entity within the department of justice, including the related functions of the secretary of the treasury. ( ) administration and revenue collection functions.--there shall be retained within the department of the treasury the authorities, functions, personnel, and assets of the bureau of alcohol, tobacco and firearms relating to the administration and enforcement of chapters and of the internal revenue code of , sections and of the internal revenue code of , and title , united states code. ( ) building prospectus.--prospectus pdc- w , giving the general services administration the authority for site acquisition, design, and construction of a new headquarters building for the bureau of alcohol, tobacco and firearms, is transferred, and deemed to apply, to the bureau of alcohol, tobacco, firearms, and explosives established in the department of justice under subsection (a). (d) tax and trade bureau.-- ( ) establishment.--there is established within the department of the treasury the tax and trade bureau. ( ) administrator.--the tax and trade bureau shall be headed by an administrator, who shall perform such duties as assigned by the under secretary for enforcement of the department of the treasury. the administrator shall occupy a career-reserved position within the senior executive service. ( ) responsibilities.--the authorities, functions, personnel, and assets of the bureau of alcohol, tobacco and firearms that are not transferred to the department of justice under this section shall be retained and administered by the tax and trade bureau. * * * * * * * sec. . [ u.s.c. ] explosives training and research facility. (a) establishment.--there is established within the bureau an explosives training and research facility at fort ap hill, fredericksburg, virginia. (b) purpose.--the facility established under subsection (a) shall be utilized to train federal, state, and local law enforcement officers to-- ( ) investigate bombings and explosions; ( ) properly handle, utilize, and dispose of explosive materials and devices; ( ) train canines on explosive detection; and ( ) conduct research on explosives. (c) authorization of appropriations.-- ( ) in general.--there are authorized to be appropriated such sums as may be necessary to establish and maintain the facility established under subsection (a). ( ) availability of funds.--any amounts appropriated pursuant to paragraph ( ) shall remain available until expended. sec. . [ u.s.c. ] personnel management demonstration project. notwithstanding any other provision of law, the personnel management demonstration project established under section of title i of division c of the omnibus consolidated and emergency supplemental appropriations act for fiscal year (public law - ; stat. - ) shall be transferred to the attorney general of the united states for continued use by the bureau of alcohol, tobacco, firearms, and explosives, department of justice, and the secretary of the treasury for continued use by the tax and trade bureau. subtitle c--explosives sec. . [ u.s.c. note] short title. this subtitle may be referred to as the ``safe explosives act''. sec. . permits for purchasers of explosives. (a) * * * * * * * * * * (i) [ u.s.c. note] effective date.-- ( ) in general.--the amendments made by this section shall take effect days after the date of enactment of this act. ( ) exception.--notwithstanding any provision of this act, a license or permit issued under section of title , united states code, before the date of enactment of this act, shall remain valid until that license or permit is revoked under section (d) or expires, or until a timely application for renewal is acted upon. * * * * * * * sec. . authorization of appropriations. there is authorized to be appropriated such sums as necessary to carry out this subtitle and the amendments made by this subtitle. title xii--airline war risk insurance legislation * * * * * * * sec. . report. not later than days after the date of enactment of this act, the secretary shall transmit to the committee on commerce, science, and transportation of the senate and the committee on transportation and infrastructure of the house of representatives a report that-- (a) evaluates the availability and cost of commercial war risk insurance for air carriers and other aviation entities for passengers and third parties; (b) analyzes the economic effect upon air carriers and other aviation entities of available commercial war risk insurance; and (c) describes the manner in which the department could provide an alternative means of providing aviation war risk reinsurance covering passengers, crew, and third parties through use of a risk-retention group or by other means. title xiii--federal workforce improvement subtitle a--chief human capital officers sec. . [ u.s.c. note] short title. this title may be cited as the ``chief human capital officers act of ''. * * * * * * * sec. . [ u.s.c. note] chief human capital officers council. (a) establishment.--there is established a chief human capital officers council, consisting of-- ( ) the director of the office of personnel management, who shall act as chairperson of the council; ( ) the deputy director for management of the office of management and budget, who shall act as vice chairperson of the council; and ( ) the chief human capital officers of executive departments and any other members who are designated by the director of the office of personnel management. (b) functions.--the chief human capital officers council shall meet periodically to advise and coordinate the activities of the agencies of its members on such matters as modernization of human resources systems, improved quality of human resources information, and legislation affecting human resources operations and organizations. (c) employee labor organizations at meetings.--the chief human capital officers council shall ensure that representatives of federal employee labor organizations are present at a minimum of meeting of the council each year. such representatives shall not be members of the council. (d) annual report.--each year the chief human capital officers council shall submit a report to congress on the activities of the council. * * * * * * * sec. . [ u.s.c. note] effective date. this subtitle shall take effect days after the date of enactment of this act. subtitle b--reforms relating to federal human capital management * * * * * * * sec. . permanent extension, revision, and expansion of authorities for use of voluntary separation incentive pay and voluntary early retirement. (a) voluntary separation incentive payments.-- ( ) * * * * * * * * * * ( ) [ u.s.c. note] administrative office of the united states courts.--the director of the administrative office of the united states courts may, by regulation, establish a program substantially similar to the program established under paragraph ( ) for individuals serving in the judicial branch. ( ) [ u.s.c. note] continuation of other authority.--any agency exercising any voluntary separation incentive authority in effect on the effective date of this subsection may continue to offer voluntary separation incentives consistent with that authority until that authority expires. ( ) [ u.s.c. note] effective date.--this subsection shall take effect days after the date of enactment of this act. * * * * * * * (b) federal employee voluntary early retirement.-- ( ) * * * * * * * * * * ( ) [ u.s.c. note] general accounting office authority.--the amendments made by this subsection shall not be construed to affect the authority under section of public law - ( u.s.c. note; state. ). * * * * * * * ( ) [ u.s.c. note] regulations.--the office of personnel management may prescribe regulations to carry out this subsection. (c) [ u.s.c. note] sense of congress.--it is the sense of congress that the implementation of this section is intended to reshape the federal workforce and not downsize the federal workforce. * * * * * * * subtitle c--reforms relating to the senior executive service * * * * * * * sec. . repeal of recertification requirements of senior executives. (a) * * * * * * * * * * (b) [ u.s.c. note] savings provision.-- notwithstanding the amendments made by subsection (a)( )(a), an appeal under the final sentence of section (a) of title , united states code, that is pending on the day before the effective date of this section-- ( ) shall not abate by reason of the enactment of the amendments made by subsection (a)( )(a); and ( ) shall continue as if such amendments had not been enacted. (c) [ u.s.c. note] application.--the amendment made by subsection (a)( )(b) shall not apply with respect to an individual who, before the effective date of this section, leaves the senior executive service for failure to be recertified as a senior executive under section a of title , united states code. * * * * * * * subtitle d--academic training * * * * * * * sec. . modifications to national security education program. (a) [ u.s.c. note] findings and policies.-- ( ) findings.--congress finds that-- (a) the united states government actively encourages and financially supports the training, education, and development of many united states citizens; (b) as a condition of some of those supports, many of those citizens have an obligation to seek either compensated or uncompensated employment in the federal sector; and (c) it is in the united states national interest to maximize the return to the nation of funds invested in the development of such citizens by seeking to employ them in the federal sector. ( ) policy.--it shall be the policy of the united states government to-- (a) establish procedures for ensuring that united states citizens who have incurred service obligations as the result of receiving financial support for education and training from the united states government and have applied for federal positions are considered in all recruitment and hiring initiatives of federal departments, bureaus, agencies, and offices; and (b) advertise and open all federal positions to united states citizens who have incurred service obligations with the united states government as the result of receiving financial support for education and training from the united states government. * * * * * * * title xiv--arming pilots against terrorism sec. . [ u.s.c. note] short title. this title may be cited as the ``arming pilots against terrorism act''. sec. . federal flight deck officer program. (a) * * * * * * * * * * (c) [ u.s.c. ] federal air marshal program.-- ( ) sense of congress.--it is the sense of congress that the federal air marshal program is critical to aviation security. ( ) limitation on statutory construction.--nothing in this act, including any amendment made by this act, shall be construed as preventing the under secretary of transportation for security from implementing and training federal air marshals. sec. . crew training. (a) * * * * * * * * * * (c) benefits and risks of providing flight attendants with nonlethal weapons.-- ( ) study.--the under secretary of transportation for security shall conduct a study to evaluate the benefits and risks of providing flight attendants with nonlethal weapons to aide in combating air piracy and criminal violence on commercial airlines. ( ) report.--not later than months after the date of enactment of this act, the under secretary shall transmit to congress a report on the results of the study. sec. . commercial airline security study. (a) study.--the secretary of transportation shall conduct a study of the following: ( ) the number of armed federal law enforcement officers (other than federal air marshals), who travel on commercial airliners annually and the frequency of their travel. ( ) the cost and resources necessary to provide such officers with supplemental training in aircraft anti-terrorism training that is comparable to the training that federal air marshals are provided. ( ) the cost of establishing a program at a federal law enforcement training center for the purpose of providing new federal law enforcement recruits with standardized training comparable to the training that federal air marshals are provided. ( ) the feasibility of implementing a certification program designed for the purpose of ensuring federal law enforcement officers have completed the training described in paragraph ( ) and track their travel over a -month period. ( ) the feasibility of staggering the flights of such officers to ensure the maximum amount of flights have a certified trained federal officer on board. (b) report.--not later than months after the date of enactment of this act, the secretary shall transmit to congress a report on the results of the study. the report may be submitted in classified and redacted form. * * * * * * * title xv--transition subtitle a--reorganization plan sec. . [ u.s.c. ] definitions. for purposes of this title: ( ) the term ``agency'' includes any entity, organizational unit, program, or function. ( ) the term ``transition period'' means the - month period beginning on the effective date of this act. sec. . [ u.s.c. ] reorganization plan. (a) submission of plan.--not later than days after the date of the enactment of this act, the president shall transmit to the appropriate congressional committees a reorganization plan regarding the following: ( ) the transfer of agencies, personnel, assets, and obligations to the department pursuant to this act. ( ) any consolidation, reorganization, or streamlining of agencies transferred to the department pursuant to this act. (b) plan elements.--the plan transmitted under subsection (a) shall contain, consistent with this act, such elements as the president deems appropriate, including the following: ( ) identification of any functions of agencies transferred to the department pursuant to this act that will not be transferred to the department under the plan. ( ) specification of the steps to be taken by the secretary to organize the department, including the delegation or assignment of functions transferred to the department among officers of the department in order to permit the department to carry out the functions transferred under the plan. ( ) specification of the funds available to each agency that will be transferred to the department as a result of transfers under the plan. ( ) specification of the proposed allocations within the department of unexpended funds transferred in connection with transfers under the plan. ( ) specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations of agencies transferred under the plan. ( ) specification of the proposed allocations within the department of the functions of the agencies and subdivisions that are not related directly to securing the homeland. (c) modification of plan.--the president may, on the basis of consultations with the appropriate congressional committees, modify or revise any part of the plan until that part of the plan becomes effective in accordance with subsection (d). (d) effective date.-- ( ) in general.--the reorganization plan described in this section, including any modifications or revisions of the plan under subsection (d), shall become effective for an agency on the earlier of-- (a) the date specified in the plan (or the plan as modified pursuant to subsection (d)), except that such date may not be earlier than days after the date the president has transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a); or (b) the end of the transition period. ( ) statutory construction.--nothing in this subsection may be construed to require the transfer of functions, personnel, records, balances of appropriations, or other assets of an agency on a single date. ( ) supersedes existing law.--paragraph ( ) shall apply notwithstanding section (b) of title , united states code. sec. . [ u.s.c. ] review of congressional committee structures. it is the sense of congress that each house of congress should review its committee structure in light of the reorganization of responsibilities within the executive branch by the establishment of the department. subtitle b--transitional provisions sec. . [ u.s.c. ] transitional authorities. (a) provision of assistance by officials.--until the transfer of an agency to the department, any official having authority over or functions relating to the agency immediately before the effective date of this act shall provide to the secretary such assistance, including the use of personnel and assets, as the secretary may request in preparing for the transfer and integration of the agency into the department. (b) services and personnel.--during the transition period, upon the request of the secretary, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to assist with the transition. (c) acting officials.--( ) during the transition period, pending the advice and consent of the senate to the appointment of an officer required by this act to be appointed by and with such advice and consent, the president may designate any officer whose appointment was required to be made by and with such advice and consent and who was such an officer immediately before the effective date of this act (and who continues in office) or immediately before such designation, to act in such office until the same is filled as provided in this act. while so acting, such officers shall receive compensation at the higher of-- (a) the rates provided by this act for the respective offices in which they act; or (b) the rates provided for the offices held at the time of designation. ( ) nothing in this act shall be understood to require the advice and consent of the senate to the appointment by the president to a position in the department of any officer whose agency is transferred to the department pursuant to this act and whose duties following such transfer are germane to those performed before such transfer. (d) transfer of personnel, assets, obligations, and functions.--upon the transfer of an agency to the department-- ( ) the personnel, assets, and obligations held by or available in connection with the agency shall be transferred to the secretary for appropriate allocation, subject to the approval of the director of the office of management and budget and in accordance with the provisions of section (a)( ) of title , united states code; and ( ) the secretary shall have all functions relating to the agency that any other official could by law exercise in relation to the agency immediately before such transfer, and shall have in addition all functions vested in the secretary by this act or other law. (e) prohibition on use of transportation trust funds.-- ( ) in general.--notwithstanding any other provision of this act, no funds derived from the highway trust fund, airport and airway trust fund, inland waterway trust fund, or harbor maintenance trust fund, may be transferred to, made available to, or obligated by the secretary or any other official in the department. ( ) limitation.--this subsection shall not apply to security-related funds provided to the federal aviation administration for fiscal years preceding fiscal year for (a) operations, (b) facilities and equipment, or (c) research, engineering, and development, and to any funds provided to the coast guard from the sport fish restoration and boating trust fund for boating safety programs. sec. . [ u.s.c. ] savings provisions. (a) completed administrative actions.--( ) completed administrative actions of an agency shall not be affected by the enactment of this act or the transfer of such agency to the department, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the united states or a court of competent jurisdiction, or by operation of law. ( ) for purposes of paragraph ( ), the term ``completed administrative action'' includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (b) pending proceedings.--subject to the authority of the secretary under this act-- ( ) pending proceedings in an agency, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue notwithstanding the enactment of this act or the transfer of the agency to the department, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance could have occurred if such enactment or transfer had not occurred; and ( ) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this act had not been enacted or the agency had not been transferred, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the united states or a court of competent jurisdiction, or by operation of law. (c) pending civil actions.--subject to the authority of the secretary under this act, pending civil actions shall continue notwithstanding the enactment of this act or the transfer of an agency to the department, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred. (d) references.--references relating to an agency that is transferred to the department in statutes, executive orders, rules, regulations, directives, or delegations of authority that precede such transfer or the effective date of this act shall be deemed to refer, as appropriate, to the department, to its officers, employees, or agents, or to its corresponding organizational units or functions. statutory reporting requirements that applied in relation to such an agency immediately before the effective date of this act shall continue to apply following such transfer if they refer to the agency by name. (e) employment provisions.--( ) notwithstanding the generality of the foregoing (including subsections (a) and (d)), in and for the department the secretary may, in regulations prescribed jointly with the director of the office of personnel management, adopt the rules, procedures, terms, and conditions, established by statute, rule, or regulation before the effective date of this act, relating to employment in any agency transferred to the department pursuant to this act; and ( ) except as otherwise provided in this act, or under authority granted by this act, the transfer pursuant to this act of personnel shall not alter the terms and conditions of employment, including compensation, of any employee so transferred. (f) statutory reporting requirements.--any statutory reporting requirement that applied to an agency, transferred to the department under this act, immediately before the effective date of this act shall continue to apply following that transfer if the statutory requirement refers to the agency by name. sec. . [ u.s.c. ] terminations. except as otherwise provided in this act, whenever all the functions vested by law in any agency have been transferred pursuant to this act, each position and office the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level ii, iii, iv, or v, of the executive schedule, shall terminate. sec. . [ u.s.c. ] national identification system not authorized. nothing in this act shall be construed to authorize the development of a national identification system or card. sec. . [ u.s.c. ] continuity of inspector general oversight. notwithstanding the transfer of an agency to the department pursuant to this act, the inspector general that exercised oversight of such agency prior to such transfer shall continue to exercise oversight of such agency during the period of time, if any, between the transfer of such agency to the department pursuant to this act and the appointment of the inspector general of the department of homeland security in accordance with section (b). sec. . [ u.s.c. ] incidental transfers. the director of the office of management and budget, in consultation with the secretary, is authorized and directed to make such additional incidental dispositions of personnel, assets, and liabilities held, used, arising from, available, or to be made available, in connection with the functions transferred by this act, as the director may determine necessary to accomplish the purposes of this act. sec. . [ u.s.c. ] reference. with respect to any function transferred by or under this act (including under a reorganization plan that becomes effective under section ) and exercised on or after the effective date of this act, reference in any other federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the secretary, other official, or component of the department to which such function is so transferred. * * * * * * * title xvii--conforming and technical amendments * * * * * * * sec. . executive schedule. (a) * * * * * * * * * * (b) [ u.s.c. note] special effective date.-- notwithstanding section , the amendment made by subsection (a)( ) shall take effect on the date on which the transfer of functions specified under section takes effect. sec. . united states secret service. (a) * * * (b) [ u.s.c. note] effective date.--the amendments made by this section shall take effect on the date of transfer of the united states secret service to the department. sec. . coast guard. (a) * * * * * * * * * * (g) [ u.s.c. note] effective date.--the amendments made by this section (other than subsection (f)) shall take effect on the date of transfer of the coast guard to the department. sec. . strategic national stockpile and smallpox vaccine development. (a) * * * * * * * * * * (b) [ u.s.c. d- b note] effective date.--the amendments made by this section shall take effect on the date of transfer of the strategic national stockpile of the department of health and human services to the department. sec. . transfer of certain security and law enforcement functions and authorities. (a) * * * * * * * * * * ( ) [ u.s.c. note] delegation of authority.--the secretary may delegate authority for the protection of specific buildings to another federal agency where, in the secretary's discretion, the secretary determines it necessary for the protection of that building. * * * * * * * sec. . [ u.s.c. note] national bio-weapons defense analysis center. there is established in the department of defense a national bio-weapons defense analysis center, whose mission is to develop countermeasures to potential attacks by terrorists using weapons of mass destruction. * * * * * * * sec. . [ u.s.c. ] notwithstanding any other provision of this act, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this act to be submitted to, or held with, the congress or any congressional committee shall also be submitted to, or held with, the committees on appropriations of the senate and the house of representatives under the same conditions and with the same restrictions as stipulated by this act. title xviii--emergency communications sec. . [ u.s.c. ] office of emergency communications. (a) in general.--there is established in the department an office of emergency communications. (b) director.--the head of the office shall be the director for emergency communications. the director shall report to the assistant secretary for cybersecurity and communications. (c) responsibilities.--the director for emergency communications shall-- ( ) assist the secretary in developing and implementing the program described in section (a)( ) of the intelligence reform and terrorism prevention act of ( u.s.c. (a)( )), except as provided in section ; ( ) administer the department's responsibilities and authorities relating to the safecom program, excluding elements related to research, development, testing, and evaluation and standards; ( ) administer the department's responsibilities and authorities relating to the integrated wireless network program; ( ) conduct extensive, nationwide outreach to support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; ( ) conduct extensive, nationwide outreach and foster the development of interoperable emergency communications capabilities by state, regional, local, and tribal governments and public safety agencies, and by regional consortia thereof; ( ) provide technical assistance to state, regional, local, and tribal government officials with respect to use of interoperable emergency communications capabilities; ( ) coordinate with the regional administrators regarding the activities of regional emergency communications coordination working groups under section ; ( ) promote the development of standard operating procedures and best practices with respect to use of interoperable emergency communications capabilities for incident response, and facilitate the sharing of information on such best practices for achieving, maintaining, and enhancing interoperable emergency communications capabilities for such response; ( ) coordinate, in cooperation with the national communications system, the establishment of a national response capability with initial and ongoing planning, implementation, and training for the deployment of communications equipment for relevant state, local, and tribal governments and emergency response providers in the event of a catastrophic loss of local and regional emergency communications services; ( ) assist the president, the national security council, the homeland security council, and the director of the office of management and budget in ensuring the continued operation of the telecommunications functions and responsibilities of the federal government, excluding spectrum management; ( ) establish, in coordination with the director of the office for interoperability and compatibility, requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the department, excluding any alert and warning device, technology, or system; ( ) review, in consultation with the assistant secretary for grants and training, all interoperable emergency communications plans of federal, state, local, and tribal governments, including statewide and tactical interoperability plans, developed pursuant to homeland security assistance administered by the department, but excluding spectrum allocation and management related to such plans; ( ) develop and update periodically, as appropriate, a national emergency communications plan under section ; ( ) perform such other duties of the department necessary to support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; and ( ) perform other duties of the department necessary to achieve the goal of and maintain and enhance interoperable emergency communications capabilities. (d) performance of previously transferred functions.--the secretary shall transfer to, and administer through, the director for emergency communications the following programs and responsibilities: ( ) the safecom program, excluding elements related to research, development, testing, and evaluation and standards. ( ) the responsibilities of the chief information officer related to the implementation of the integrated wireless network. ( ) the interoperable communications technical assistance program. (e) coordination.--the director for emergency communications shall coordinate-- ( ) as appropriate, with the director of the office for interoperability and compatibility with respect to the responsibilities described in section ; and ( ) with the administrator of the federal emergency management agency with respect to the responsibilities described in this title. (f) sufficiency of resources plan.-- ( ) report.--not later than days after the date of enactment of this section, the secretary shall submit to congress a report on the resources and staff necessary to carry out fully the responsibilities under this title. ( ) comptroller general review.--the comptroller general shall review the validity of the report submitted by the secretary under paragraph ( ). not later than days after the date on which such report is submitted, the comptroller general shall submit to congress a report containing the findings of such review. sec. . [ u.s.c. ] national emergency communications plan. (a) in general.--the secretary, acting through the director for emergency communications, and in cooperation with the department of national communications system (as appropriate), shall, in cooperation with state, local, and tribal governments, federal departments and agencies, emergency response providers, and the private sector, develop not later than days after the completion of the baseline assessment under section , and periodically update, a national emergency communications plan to provide recommendations regarding how the united states should-- ( ) support and promote the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and ( ) ensure, accelerate, and attain interoperable emergency communications nationwide. (b) coordination.--the emergency communications preparedness center under section shall coordinate the development of the federal aspects of the national emergency communications plan. (c) contents.--the national emergency communications plan shall-- ( ) include recommendations developed in consultation with the federal communications commission and the national institute of standards and technology for a process for expediting national voluntary consensus standards for emergency communications equipment for the purchase and use by public safety agencies of interoperable emergency communications equipment and technologies; ( ) identify the appropriate capabilities necessary for emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; ( ) identify the appropriate interoperable emergency communications capabilities necessary for federal, state, local, and tribal governments in the event of natural disasters, acts of terrorism, and other man-made disasters; ( ) recommend both short-term and long-term solutions for ensuring that emergency response providers and relevant government officials can continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; ( ) recommend both short-term and long-term solutions for deploying interoperable emergency communications systems for federal, state, local, and tribal governments throughout the nation, including through the provision of existing and emerging technologies; ( ) identify how federal departments and agencies that respond to natural disasters, acts of terrorism, and other man-made disasters can work effectively with state, local, and tribal governments, in all states, and with other entities; ( ) identify obstacles to deploying interoperable emergency communications capabilities nationwide and recommend short-term and long-term measures to overcome those obstacles, including recommendations for multijurisdictional coordination among federal, state, local, and tribal governments; ( ) recommend goals and timeframes for the deployment of emergency, command-level communications systems based on new and existing equipment across the united states and develop a timetable for the deployment of interoperable emergency communications systems nationwide; ( ) recommend appropriate measures that emergency response providers should employ to ensure the continued operation of relevant governmental communications infrastructure in the event of natural disasters, acts of terrorism, or other man-made disasters; and ( ) set a date, including interim benchmarks, as appropriate, by which state, local, and tribal governments, federal departments and agencies, and emergency response providers expect to achieve a baseline level of national interoperable communications, as that term is defined under section (g)( ) of the intelligence reform and terrorism prevention act of ( u.s.c. (g)( )). sec. . [ u.s.c. ] assessments and reports. (a) baseline assessment.--not later than year after the date of enactment of this section and not less than every years thereafter, the secretary, acting through the director for emergency communications, shall conduct an assessment of federal, state, local, and tribal governments that-- ( ) defines the range of capabilities needed by emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; ( ) defines the range of interoperable emergency communications capabilities needed for specific events; ( ) assesses the current available capabilities to meet such communications needs; ( ) identifies the gap between such current capabilities and defined requirements; and ( ) includes a national interoperable emergency communications inventory to be completed by the secretary of homeland security, the secretary of commerce, and the chairman of the federal communications commission that-- (a) identifies for each federal department and agency-- (i) the channels and frequencies used; (ii) the nomenclature used to refer to each channel or frequency used; and (iii) the types of communications systems and equipment used; and (b) identifies the interoperable emergency communications systems in use by public safety agencies in the united states. (b) classified annex.--the baseline assessment under this section may include a classified annex including information provided under subsection (a)( )(a). (c) savings clause.--in conducting the baseline assessment under this section, the secretary may incorporate findings from assessments conducted before, or ongoing on, the date of enactment of this title. (d) progress reports.--not later than one year after the date of enactment of this section and biennially thereafter, the secretary, acting through the director for emergency communications, shall submit to congress a report on the progress of the department in achieving the goals of, and carrying out its responsibilities under, this title, including-- ( ) a description of the findings of the most recent baseline assessment conducted under subsection (a); ( ) a determination of the degree to which interoperable emergency communications capabilities have been attained to date and the gaps that remain for interoperability to be achieved; ( ) an evaluation of the ability to continue to communicate and to provide and maintain interoperable emergency communications by emergency managers, emergency response providers, and relevant government officials in the event of-- (a) natural disasters, acts of terrorism, or other man-made disasters, including incidents of national significance declared by the secretary under the national response plan; and (b) a catastrophic loss of local and regional communications services; ( ) a list of best practices relating to the ability to continue to communicate and to provide and maintain interoperable emergency communications in the event of natural disasters, acts of terrorism, or other man-made disasters; and (a) an evaluation of the feasibility and desirability of the department developing, on its own or in conjunction with the department of defense, a mobile communications capability, modeled on the army signal corps, that could be deployed to support emergency communications at the site of natural disasters, acts of terrorism, or other man-made disasters. sec. . [ u.s.c. ] coordination of department emergency communications grant programs. (a) coordination of grants and standards programs.--the secretary, acting through the director for emergency communications, shall ensure that grant guidelines for the use of homeland security assistance administered by the department relating to interoperable emergency communications are coordinated and consistent with the goals and recommendations in the national emergency communications plan under section . (b) denial of eligibility for grants.-- ( ) in general.--the secretary, acting through the assistant secretary for grants and planning, and in consultation with the director for emergency communications, may prohibit any state, local, or tribal government from using homeland security assistance administered by the department to achieve, maintain, or enhance emergency communications capabilities, if-- (a) such government has not complied with the requirement to submit a statewide interoperable communications plan as required by section (f) of the intelligence reform and terrorism prevention act of ( u.s.c. (f)); (b) such government has proposed to upgrade or purchase new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards and has not provided a reasonable explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards; and (c) as of the date that is years after the date of the completion of the initial national emergency communications plan under section , national voluntary consensus standards for interoperable emergency communications capabilities have not been developed and promulgated. ( ) standards.--the secretary, in coordination with the federal communications commission, the national institute of standards and technology, and other federal departments and agencies with responsibility for standards, shall support the development, promulgation, and updating as necessary of national voluntary consensus standards for interoperable emergency communications. sec. . [ u.s.c. ] regional emergency communications coordination. (a) in general.--there is established in each regional office a regional emergency communications coordination working group (in this section referred to as an ``recc working group''). each recc working group shall report to the relevant regional administrator and coordinate its activities with the relevant regional advisory council. (b) membership.--each recc working group shall consist of the following: ( ) non-federal.--organizations representing the interests of the following: (a) state officials. (b) local government officials, including sheriffs. (c) state police departments. (d) local police departments. (e) local fire departments. (f) public safety answering points ( - - services). (g) state emergency managers, homeland security directors, or representatives of state administrative agencies. (h) local emergency managers or homeland security directors. (i) other emergency response providers as appropriate. ( ) federal.--representatives from the department, the federal communications commission, and other federal departments and agencies with responsibility for coordinating interoperable emergency communications with or providing emergency support services to state, local, and tribal governments. (c) coordination.--each recc working group shall coordinate its activities with the following: ( ) communications equipment manufacturers and vendors (including broadband data service providers). ( ) local exchange carriers. ( ) local broadcast media. ( ) wireless carriers. ( ) satellite communications services. ( ) cable operators. ( ) hospitals. ( ) public utility services. ( ) emergency evacuation transit services. ( ) ambulance services. ( ) ham and amateur radio operators. ( ) representatives from other private sector entities and nongovernmental organizations as the regional administrator determines appropriate. (d) duties.--the duties of each recc working group shall include-- ( ) assessing the survivability, sustainability, and interoperability of local emergency communications systems to meet the goals of the national emergency communications plan; ( ) reporting annually to the relevant regional administrator, the director for emergency communications, the chairman of the federal communications commission, and the assistant secretary for communications and information of the department of commerce on the status of its region in building robust and sustainable interoperable voice and data emergency communications networks and, not later than days after the completion of the initial national emergency communications plan under section , on the progress of the region in meeting the goals of such plan; ( ) ensuring a process for the coordination of effective multijurisdictional, multi-agency emergency communications networks for use during natural disasters, acts of terrorism, and other man-made disasters through the expanded use of emergency management and public safety communications mutual aid agreements; and ( ) coordinating the establishment of federal, state, local, and tribal support services and networks designed to address the immediate and critical human needs in responding to natural disasters, acts of terrorism, and other man-made disasters. sec. . [ u.s.c. ] emergency communications preparedness center. (a) establishment.--there is established the emergency communications preparedness center (in this section referred to as the ``center''). (b) operation.--the secretary, the chairman of the federal communications commission, the secretary of defense, the secretary of commerce, the attorney general of the united states, and the heads of other federal departments and agencies or their designees shall jointly operate the center in accordance with the memorandum of understanding entitled, ``emergency communications preparedness center (ecpc) charter''. (c) functions.--the center shall-- ( ) serve as the focal point for interagency efforts and as a clearinghouse with respect to all relevant intergovernmental information to support and promote (including specifically by working to avoid duplication, hindrances, and counteractive efforts among the participating federal departments and agencies)-- (a) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; and (b) interoperable emergency communications; ( ) prepare and submit to congress, on an annual basis, a strategic assessment regarding the coordination efforts of federal departments and agencies to advance-- (a) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man- made disasters; and (b) interoperable emergency communications; ( ) consider, in preparing the strategic assessment under paragraph ( ), the goals stated in the national emergency communications plan under section ; and ( ) perform such other functions as are provided in the emergency communications preparedness center (ecpc) charter described in subsection (b)( ). sec. . [ u.s.c. ] urban and other high risk area communications capabilities. (a) in general.--the secretary, in consultation with the chairman of the federal communications commission and the secretary of defense, and with appropriate state, local, and tribal government officials, shall provide technical guidance, training, and other assistance, as appropriate, to support the rapid establishment of consistent, secure, and effective interoperable emergency communications capabilities in the event of an emergency in urban and other areas determined by the secretary to be at consistently high levels of risk from natural disasters, acts of terrorism, and other man-made disasters. (b) minimum capabilities.--the interoperable emergency communications capabilities established under subsection (a) shall ensure the ability of all levels of government, emergency response providers, the private sector, and other organizations with emergency response capabilities-- ( ) to communicate with each other in the event of an emergency; ( ) to have appropriate and timely access to the information sharing environment described in section of the national security intelligence reform act of ( u.s.c. ); and ( ) to be consistent with any applicable state or urban area homeland strategy or plan. sec. . [ u.s.c. ] definition. in this title, the term ``interoperable'' has the meaning given the term ``interoperable communications'' under section (g)( ) of the intelligence reform and terrorism prevention act of ( u.s.c. (g)( )). sec. . [ u.s.c. ] interoperable emergency communications grant program. (a) establishment.--the secretary shall establish the interoperable emergency communications grant program to make grants to states to carry out initiatives to improve local, tribal, statewide, regional, national and, where appropriate, international interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism, and other man-made disasters. (b) policy.--the director for emergency communications shall ensure that a grant awarded to a state under this section is consistent with the policies established pursuant to the responsibilities and authorities of the office of emergency communications under this title, including ensuring that activities funded by the grant-- ( ) comply with the statewide plan for that state required by section (f) of the intelligence reform and terrorism prevention act of ( u.s.c. (f)); and ( ) comply with the national emergency communications plan under section , when completed. (c) administration.-- ( ) in general.--the administrator of the federal emergency management agency shall administer the interoperable emergency communications grant program pursuant to the responsibilities and authorities of the administrator under title v of the act. ( ) guidance.--in administering the grant program, the administrator shall ensure that the use of grants is consistent with guidance established by the director of emergency communications pursuant to section (a)( )(h) of the intelligence reform and terrorism prevention act of ( u.s.c. (a)( )(h)). (d) use of funds.--a state that receives a grant under this section shall use the grant to implement that state's statewide interoperability plan required under section (f) of the intelligence reform and terrorism prevention act of ( u.s.c. (f)) and approved under subsection (e), and to assist with activities determined by the secretary to be integral to interoperable emergency communications. (e) approval of plans.-- ( ) approval as condition of grant.--before a state may receive a grant under this section, the director of emergency communications shall approve the state's statewide interoperable communications plan required under section (f) of the intelligence reform and terrorism prevention act of ( u.s.c. (f)). ( ) plan requirements.--in approving a plan under this subsection, the director of emergency communications shall ensure that the plan-- (a) is designed to improve interoperability at the city, county, regional, state and interstate level; (b) considers any applicable local or regional plan; and (c) complies, to the maximum extent practicable, with the national emergency communications plan under section . ( ) approval of revisions.--the director of emergency communications may approve revisions to a state's plan if the director determines that doing so is likely to further interoperability. (f) limitations on uses of funds.-- ( ) in general.--the recipient of a grant under this section may not use the grant-- (a) to supplant state or local funds; (b) for any state or local government cost- sharing contribution; or (c) for recreational or social purposes. ( ) penalties.--in addition to other remedies currently available, the secretary may take such actions as necessary to ensure that recipients of grant funds are using the funds for the purpose for which they were intended. (g) limitations on award of grants.-- ( ) national emergency communications plan required.--the secretary may not award a grant under this section before the date on which the secretary completes and submits to congress the national emergency communications plan required under section . ( ) voluntary consensus standards.--the secretary may not award a grant to a state under this section for the purchase of equipment that does not meet applicable voluntary consensus standards, unless the state demonstrates that there are compelling reasons for such purchase. (h) award of grants.--in approving applications and awarding grants under this section, the secretary shall consider-- ( ) the risk posed to each state by natural disasters, acts of terrorism, or other manmade disasters, including-- (a) the likely need of a jurisdiction within the state to respond to such risk in nearby jurisdictions; (b) the degree of threat, vulnerability, and consequences related to critical infrastructure (from all critical infrastructure sectors) or key resources identified by the administrator or the state homeland security and emergency management plans, including threats to, vulnerabilities of, and consequences from damage to critical infrastructure and key resources in nearby jurisdictions; (c) the size of the population and density of the population of the state, including appropriate consideration of military, tourist, and commuter populations; (d) whether the state is on or near an international border; (e) whether the state encompasses an economically significant border crossing; and (f) whether the state has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters; and ( ) the anticipated effectiveness of the state's proposed use of grant funds to improve interoperability. (i) opportunity to amend applications.--in considering applications for grants under this section, the administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards. (j) minimum grant amounts.-- ( ) states.--in awarding grants under this section, the secretary shall ensure that for each fiscal year, except as provided in paragraph ( ), no state receives a grant in an amount that is less than the following percentage of the total amount appropriated for grants under this section for that fiscal year: (a) for fiscal year , . percent. (b) for fiscal year , . percent. (c) for fiscal year , . percent. (d) for fiscal year , . percent. (e) for fiscal year and each subsequent fiscal year, . percent. ( ) territories and possessions.--in awarding grants under this section, the secretary shall ensure that for each fiscal year, american samoa, the commonwealth of the northern mariana islands, guam, and the virgin islands each receive grants in amounts that are not less than . percent of the total amount appropriated for grants under this section for that fiscal year. (k) certification.--each state that receives a grant under this section shall certify that the grant is used for the purpose for which the funds were intended and in compliance with the state's approved statewide interoperable communications plan. (l) state responsibilities.-- ( ) availability of funds to local and tribal governments.--not later than days after receiving grant funds, any state that receives a grant under this section shall obligate or otherwise make available to local and tribal governments-- (a) not less than percent of the grant funds; (b) with the consent of local and tribal governments, eligible expenditures having a value of not less than percent of the amount of the grant; or (c) grant funds combined with other eligible expenditures having a total value of not less than percent of the amount of the grant. ( ) allocation of funds.--a state that receives a grant under this section shall allocate grant funds to tribal governments in the state to assist tribal communities in improving interoperable communications, in a manner consistent with the statewide interoperable communications plan. a state may not impose unreasonable or unduly burdensome requirements on a tribal government as a condition of providing grant funds or resources to the tribal government. ( ) penalties.--if a state violates the requirements of this subsection, in addition to other remedies available to the secretary, the secretary may terminate or reduce the amount of the grant awarded to that state or transfer grant funds previously awarded to the state directly to the appropriate local or tribal government. (m) reports.-- ( ) annual reports by state grant recipients.--a state that receives a grant under this section shall annually submit to the director of emergency communications a report on the progress of the state in implementing that state's statewide interoperable communications plans required under section (f) of the intelligence reform and terrorism prevention act of ( u.s.c. (f)) and achieving interoperability at the city, county, regional, state, and interstate levels. the director shall make the reports publicly available, including by making them available on the internet website of the office of emergency communications, subject to any redactions that the director determines are necessary to protect classified or other sensitive information. ( ) annual reports to congress.--at least once each year, the director of emergency communications shall submit to congress a report on the use of grants awarded under this section and any progress in implementing statewide interoperable communications plans and improving interoperability at the city, county, regional, state, and interstate level, as a result of the award of such grants. (n) rule of construction.--nothing in this section shall be construed or interpreted to preclude a state from using a grant awarded under this section for interim or long-term internet protocol-based interoperable solutions. (o) authorization of appropriations.--there are authorized to be appropriated for grants under this section-- ( ) for fiscal year , such sums as may be necessary; ( ) for each of fiscal years through , $ , , ; and ( ) for each subsequent fiscal year, such sums as may be necessary. sec. . [ u.s.c. ] border interoperability demonstration project. (a) in general.-- ( ) establishment.--the secretary, acting through the director of the office of emergency communications (referred to in this section as the ``director''), and in coordination with the federal communications commission and the secretary of commerce, shall establish an international border community interoperable communications demonstration project (referred to in this section as the ``demonstration project''). ( ) minimum number of communities.--the director shall select no fewer than communities to participate in a demonstration project. ( ) location of communities.--no fewer than of the communities selected under paragraph ( ) shall be located on the northern border of the united states and no fewer than of the communities selected under paragraph ( ) shall be located on the southern border of the united states. (b) conditions.--the director, in coordination with the federal communications commission and the secretary of commerce, shall ensure that the project is carried out as soon as adequate spectrum is available as a result of the megahertz rebanding process in border areas, and shall ensure that the border projects do not impair or impede the rebanding process, but under no circumstances shall funds be distributed under this section unless the federal communications commission and the secretary of commerce agree that these conditions have been met. (c) program requirements.--consistent with the responsibilities of the office of emergency communications under section , the director shall foster local, tribal, state, and federal interoperable emergency communications, as well as interoperable emergency communications with appropriate canadian and mexican authorities in the communities selected for the demonstration project. the director shall-- ( ) identify solutions to facilitate interoperable communications across national borders expeditiously; ( ) help ensure that emergency response providers can communicate with each other in the event of natural disasters, acts of terrorism, and other man-made disasters; ( ) provide technical assistance to enable emergency response providers to deal with threats and contingencies in a variety of environments; ( ) identify appropriate joint-use equipment to ensure communications access; ( ) identify solutions to facilitate communications between emergency response providers in communities of differing population densities; and ( ) take other actions or provide equipment as the director deems appropriate to foster interoperable emergency communications. (d) distribution of funds.-- ( ) in general.--the secretary shall distribute funds under this section to each community participating in the demonstration project through the state, or states, in which each community is located. ( ) other participants.--a state shall make the funds available promptly to the local and tribal governments and emergency response providers selected by the secretary to participate in the demonstration project. ( ) report.--not later than days after a state receives funds under this subsection the state shall report to the director on the status of the distribution of such funds to local and tribal governments. (e) maximum period of grants.--the director may not fund any participant under the demonstration project for more than years. (f) transfer of information and knowledge.--the director shall establish mechanisms to ensure that the information and knowledge gained by participants in the demonstration project are transferred among the participants and to other interested parties, including other communities that submitted applications to the participant in the project. (g) authorization of appropriations.--there is authorized to be appropriated for grants under this section such sums as may be necessary. title xix--domestic nuclear detection office sec. . [ u.s.c. ] domestic nuclear detection office. (a) establishment.--there shall be established in the department a domestic nuclear detection office (referred to in this title as the ``office''). the secretary may request that the secretary of defense, the secretary of energy, the secretary of state, the attorney general, the nuclear regulatory commission, and the directors of other federal agencies, including elements of the intelligence community, provide for the reimbursable detail of personnel with relevant expertise to the office. (b) director.--the office shall be headed by a director for domestic nuclear detection, who shall be appointed by the president. sec. . [ u.s.c. ] mission of office. (a) mission.--the office shall be responsible for coordinating federal efforts to detect and protect against the unauthorized importation, possession, storage, transportation, development, or use of a nuclear explosive device, fissile material, or radiological material in the united states, and to protect against attack using such devices or materials against the people, territory, or interests of the united states and, to this end, shall-- ( ) serve as the primary entity of the united states government to further develop, acquire, and support the deployment of an enhanced domestic system to detect and report on attempts to import, possess, store, transport, develop, or use an unauthorized nuclear explosive device, fissile material, or radiological material in the united states, and improve that system over time; ( ) enhance and coordinate the nuclear detection efforts of federal, state, local, and tribal governments and the private sector to ensure a managed, coordinated response; ( ) establish, with the approval of the secretary and in coordination with the attorney general, the secretary of defense, and the secretary of energy, additional protocols and procedures for use within the united states to ensure that the detection of unauthorized nuclear explosive devices, fissile material, or radiological material is promptly reported to the attorney general, the secretary, the secretary of defense, the secretary of energy, and other appropriate officials or their respective designees for appropriate action by law enforcement, military, emergency response, or other authorities; ( ) develop, with the approval of the secretary and in coordination with the attorney general, the secretary of state, the secretary of defense, and the secretary of energy, an enhanced global nuclear detection architecture with implementation under which-- (a) the office will be responsible for the implementation of the domestic portion of the global architecture; (b) the secretary of defense will retain responsibility for implementation of department of defense requirements within and outside the united states; and (c) the secretary of state, the secretary of defense, and the secretary of energy will maintain their respective responsibilities for policy guidance and implementation of the portion of the global architecture outside the united states, which will be implemented consistent with applicable law and relevant international arrangements; ( ) ensure that the expertise necessary to accurately interpret detection data is made available in a timely manner for all technology deployed by the office to implement the global nuclear detection architecture; ( ) conduct, support, coordinate, and encourage an aggressive, expedited, evolutionary, and transformational program of research and development to generate and improve technologies to detect and prevent the illicit entry, transport, assembly, or potential use within the united states of a nuclear explosive device or fissile or radiological material, and coordinate with the under secretary for science and technology on basic and advanced or transformational research and development efforts relevant to the mission of both organizations; ( ) carry out a program to test and evaluate technology for detecting a nuclear explosive device and fissile or radiological material, in coordination with the secretary of defense and the secretary of energy, as appropriate, and establish performance metrics for evaluating the effectiveness of individual detectors and detection systems in detecting such devices or material-- (a) under realistic operational and environmental conditions; and (b) against realistic adversary tactics and countermeasures; ( ) support and enhance the effective sharing and use of appropriate information generated by the intelligence community, law enforcement agencies, counterterrorism community, other government agencies, and foreign governments, as well as provide appropriate information to such entities; ( ) further enhance and maintain continuous awareness by analyzing information from all office mission-related detection systems; and ( ) perform other duties as assigned by the secretary. sec. . [ u.s.c. ] hiring authority. in hiring personnel for the office, the secretary shall have the hiring and management authorities provided in section of the strom thurmond national defense authorization act for fiscal year ( u.s.c. note). the term of appointments for employees under subsection (c)( ) of such section may not exceed years before granting any extension under subsection (c)( ) of such section. sec. . [ u.s.c. ] testing authority. (a) in general.--the director shall coordinate with the responsible federal agency or other entity to facilitate the use by the office, by its contractors, or by other persons or entities, of existing government laboratories, centers, ranges, or other testing facilities for the testing of materials, equipment, models, computer software, and other items as may be related to the missions identified in section . any such use of government facilities shall be carried out in accordance with all applicable laws, regulations, and contractual provisions, including those governing security, safety, and environmental protection, including, when applicable, the provisions of section . the office may direct that private sector entities utilizing government facilities in accordance with this section pay an appropriate fee to the agency that owns or operates those facilities to defray additional costs to the government resulting from such use. (b) confidentiality of test results.--the results of tests performed with services made available shall be confidential and shall not be disclosed outside the federal government without the consent of the persons for whom the tests are performed. (c) fees.--fees for services made available under this section shall not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the united states to provide for the testing. (d) use of fees.--fees received for services made available under this section may be credited to the appropriation from which funds were expended to provide such services. sec. . [ u.s.c. ] relationship to other department entities and federal agencies. the authority of the director under this title shall not affect the authorities or responsibilities of any officer of the department or of any officer of any other department or agency of the united states with respect to the command, control, or direction of the functions, personnel, funds, assets, and liabilities of any entity within the department or any federal department or agency. sec. . [ u.s.c. ] contracting and grant making authorities. the secretary, acting through the director for domestic nuclear detection, in carrying out the responsibilities under paragraphs ( ) and ( ) of section (a), shall-- ( ) operate extramural and intramural programs and distribute funds through grants, cooperative agreements, and other transactions and contracts; ( ) ensure that activities under paragraphs ( ) and ( ) of section (a) include investigations of radiation detection equipment in configurations suitable for deployment at seaports, which may include underwater or water surface detection equipment and detection equipment that can be mounted on cranes and straddle cars used to move shipping containers; and ( ) have the authority to establish or contract with or more federally funded research and development centers to provide independent analysis of homeland security issues and carry out other responsibilities under this title. sec. . [ u.s.c. a] joint annual interagency review of global nuclear detection architecture. (a) annual review.-- ( ) in general.--the secretary, the attorney general, the secretary of state, the secretary of defense, the secretary of energy, and the director of national intelligence shall jointly ensure interagency coordination on the development and implementation of the global nuclear detection architecture by ensuring that, not less frequently than once each year-- (a) each relevant agency, office, or entity-- (i) assesses its involvement, support, and participation in the development, revision, and implementation of the global nuclear detection architecture; and (ii) examines and evaluates components of the global nuclear detection architecture (including associated strategies and acquisition plans) relating to the operations of that agency, office, or entity, to determine whether such components incorporate and address current threat assessments, scenarios, or intelligence analyses developed by the director of national intelligence or other agencies regarding threats relating to nuclear or radiological weapons of mass destruction; and (b) each agency, office, or entity deploying or operating any nuclear or radiological detection technology under the global nuclear detection architecture-- (i) evaluates the deployment and operation of nuclear or radiological detection technologies under the global nuclear detection architecture by that agency, office, or entity; (ii) identifies performance deficiencies and operational or technical deficiencies in nuclear or radiological detection technologies deployed under the global nuclear detection architecture; and (iii) assesses the capacity of that agency, office, or entity to implement the responsibilities of that agency, office, or entity under the global nuclear detection architecture. ( ) technology.--not less frequently than once each year, the secretary shall examine and evaluate the development, assessment, and acquisition of radiation detection technologies deployed or implemented in support of the domestic portion of the global nuclear detection architecture. (b) annual report on joint interagency review.-- ( ) in general.--not later than march of each year, the secretary, the attorney general, the secretary of state, the secretary of defense, the secretary of energy, and the director of national intelligence, shall jointly submit a report regarding the implementation of this section and the results of the reviews required under subsection (a) to-- (a) the president; (b) the committee on appropriations, the committee on armed services, the select committee on intelligence, and the committee on homeland security and governmental affairs of the senate; and (c) the committee on appropriations, the committee on armed services, the permanent select committee on intelligence, the committee on homeland security, and the committee on science and technology of the house of representatives. ( ) form.--the annual report submitted under paragraph ( ) shall be submitted in unclassified form to the maximum extent practicable, but may include a classified annex. (c) definition.--in this section, the term ``global nuclear detection architecture'' means the global nuclear detection architecture developed under section . title xx--homeland security grants sec. . [ u.s.c. ] definitions. in this title, the following definitions shall apply: ( ) administrator.--the term ``administrator'' means the administrator of the federal emergency management agency. ( ) appropriate committees of congress.--the term ``appropriate committees of congress'' means-- (a) the committee on homeland security and governmental affairs of the senate; and (b) those committees of the house of representatives that the speaker of the house of representatives determines appropriate. ( ) critical infrastructure sectors.--the term ``critical infrastructure sectors'' means the following sectors, in both urban and rural areas: (a) agriculture and food. (b) banking and finance. (c) chemical industries. (d) commercial facilities. (e) commercial nuclear reactors, materials, and waste. (f) dams. (g) the defense industrial base. (h) emergency services. (i) energy. (j) government facilities. (k) information technology. (l) national monuments and icons. (m) postal and shipping. (n) public health and health care. (o) telecommunications. (p) transportation systems. (q) water. ( ) directly eligible tribe.--the term ``directly eligible tribe'' means-- (a) any indian tribe-- (i) that is located in the continental united states; (ii) that operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services; (iii)(i) that is located on or near an international border or a coastline bordering an ocean (including the gulf of mexico) or international waters; (ii) that is located within miles of a system or asset included on the prioritized critical infrastructure list established under section e(a)( ) or has such a system or asset within its territory; (iii) that is located within or contiguous to of the most populous metropolitan statistical areas in the united states; or (iv) the jurisdiction of which includes not less than , square miles of indian country, as that term is defined in section of title , united states code; and (iv) that certifies to the secretary that a state has not provided funds under section or to the indian tribe or consortium of indian tribes for the purpose for which direct funding is sought; and (b) a consortium of indian tribes, if each tribe satisfies the requirements of subparagraph (a). ( ) eligible metropolitan area.--the term ``eligible metropolitan area'' means any of the most populous metropolitan statistical areas in the united states. ( ) high-risk urban area.--the term ``high-risk urban area'' means a high-risk urban area designated under section (b)( )(a). ( ) indian tribe.--the term ``indian tribe'' has the meaning given that term in section (e) of the indian self-determination act ( u.s.c. b(e)). ( ) metropolitan statistical area.--the term ``metropolitan statistical area'' means a metropolitan statistical area, as defined by the office of management and budget. ( ) national special security event.--the term ``national special security event'' means a designated event that, by virtue of its political, economic, social, or religious significance, may be the target of terrorism or other criminal activity. ( ) population.--the term ``population'' means population according to the most recent united states census population estimates available at the start of the relevant fiscal year. ( ) population density.--the term ``population density'' means population divided by land area in square miles. ( ) qualified intelligence analyst.--the term ``qualified intelligence analyst'' means an intelligence analyst (as that term is defined in section a(j)), including law enforcement personnel-- (a) who has successfully completed training to ensure baseline proficiency in intelligence analysis and production, as determined by the secretary, which may include training using a curriculum developed under section ; or (b) whose experience ensures baseline proficiency in intelligence analysis and production equivalent to the training required under subparagraph (a), as determined by the secretary. ( ) target capabilities.--the term ``target capabilities'' means the target capabilities for federal, state, local, and tribal government preparedness for which guidelines are required to be established under section (a) of the post-katrina emergency management reform act of ( u.s.c. (a)). ( ) tribal government.--the term ``tribal government'' means the government of an indian tribe. subtitle a--grants to states and high-risk urban areas sec. . [ u.s.c. ] homeland security grant programs. (a) grants authorized.--the secretary, through the administrator, may award grants under sections and to state, local, and tribal governments. (b) programs not affected.--this subtitle shall not be construed to affect any of the following federal programs: ( ) firefighter and other assistance programs authorized under the federal fire prevention and control act of ( u.s.c. et seq.). ( ) grants authorized under the robert t. stafford disaster relief and emergency assistance act ( u.s.c. et seq.). ( ) emergency management performance grants under the amendments made by title ii of the implementing recommendations of the / commission act of . ( ) grants to protect critical infrastructure, including port security grants authorized under section of title , united states code, and the grants authorized under title xiv and xv of the implementing recommendations of the / commission act of and the amendments made by such titles. ( ) the metropolitan medical response system authorized under section of the post-katrina emergency management reform act of ( u.s.c. ). ( ) the interoperable emergency communications grant program authorized under title xviii. ( ) grant programs other than those administered by the department. (c) relationship to other laws.-- ( ) in general.--the grant programs authorized under sections and shall supercede all grant programs authorized under section of the usa patriot act ( u.s.c. ). ( ) allocation.--the allocation of grants authorized under section or shall be governed by the terms of this subtitle and not by any other provision of law. sec. . [ u.s.c. ] urban area security initiative. (a) establishment.--there is established an urban area security initiative to provide grants to assist high-risk urban areas in preventing, preparing for, protecting against, and responding to acts of terrorism. (b) assessment and designation of high-risk urban areas.-- ( ) in general.--the administrator shall designate high-risk urban areas to receive grants under this section based on procedures under this subsection. ( ) initial assessment.-- (a) in general.--for each fiscal year, the administrator shall conduct an initial assessment of the relative threat, vulnerability, and consequences from acts of terrorism faced by each eligible metropolitan area, including consideration of-- (i) the factors set forth in subparagraphs (a) through (h) and (k) of section (a)( ); and (ii) information and materials submitted under subparagraph (b). (b) submission of information by eligible metropolitan areas.--prior to conducting each initial assessment under subparagraph (a), the administrator shall provide each eligible metropolitan area with, and shall notify each eligible metropolitan area of, the opportunity to-- (i) submit information that the eligible metropolitan area believes to be relevant to the determination of the threat, vulnerability, and consequences it faces from acts of terrorism; and (ii) review the risk assessment conducted by the department of that eligible metropolitan area, including the bases for the assessment by the department of the threat, vulnerability, and consequences from acts of terrorism faced by that eligible metropolitan area, and remedy erroneous or incomplete information. ( ) designation of high-risk urban areas.-- (a) designation.-- (i) in general.--for each fiscal year, after conducting the initial assessment under paragraph ( ), and based on that assessment, the administrator shall designate high-risk urban areas that may submit applications for grants under this section. (ii) additional areas.-- notwithstanding paragraph ( ), the administrator may-- (i) in any case where an eligible metropolitan area consists of more than metropolitan division (as that term is defined by the office of management and budget) designate more than high-risk urban area within a single eligible metropolitan area; and (ii) designate an area that is not an eligible metropolitan area as a high-risk urban area based on the assessment by the administrator of the relative threat, vulnerability, and consequences from acts of terrorism faced by the area. (iii) rule of construction.-- nothing in this subsection may be construed to require the administrator to-- (i) designate all eligible metropolitan areas that submit information to the administrator under paragraph ( )(b)(i) as high-risk urban areas; or (ii) designate all areas within an eligible metropolitan area as part of the high-risk urban area. (b) jurisdictions included in high-risk urban areas.-- (i) in general.--in designating high-risk urban areas under subparagraph (a), the administrator shall determine which jurisdictions, at a minimum, shall be included in each high-risk urban area. (ii) additional jurisdictions.--a high-risk urban area designated by the administrator may, in consultation with the state or states in which such high- risk urban area is located, add additional jurisdictions to the high- risk urban area. (c) application.-- ( ) in general.--an area designated as a high-risk urban area under subsection (b) may apply for a grant under this section. ( ) minimum contents of application.--in an application for a grant under this section, a high-risk urban area shall submit-- (a) a plan describing the proposed division of responsibilities and distribution of funding among the local and tribal governments in the high-risk urban area; (b) the name of an individual to serve as a high-risk urban area liaison with the department and among the various jurisdictions in the high-risk urban area; and (c) such information in support of the application as the administrator may reasonably require. ( ) annual applications.--applicants for grants under this section shall apply or reapply on an annual basis. ( ) state review and transmission.-- (a) in general.--to ensure consistency with state homeland security plans, a high-risk urban area applying for a grant under this section shall submit its application to each state within which any part of that high-risk urban area is located for review before submission of such application to the department. (b) deadline.--not later than days after receiving an application from a high-risk urban area under subparagraph (a), a state shall transmit the application to the department. (c) opportunity for state comment.--if the governor of a state determines that an application of a high-risk urban area is inconsistent with the state homeland security plan of that state, or otherwise does not support the application, the governor shall-- (i) notify the administrator, in writing, of that fact; and (ii) provide an explanation of the reason for not supporting the application at the time of transmission of the application. ( ) opportunity to amend.--in considering applications for grants under this section, the administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards. (d) distribution of awards.-- ( ) in general.--if the administrator approves the application of a high-risk urban area for a grant under this section, the administrator shall distribute the grant funds to the state or states in which that high- risk urban area is located. ( ) state distribution of funds.-- (a) in general.--not later than days after the date that a state receives grant funds under paragraph ( ), that state shall provide the high-risk urban area awarded that grant not less than percent of the grant funds. any funds retained by a state shall be expended on items, services, or activities that benefit the high-risk urban area. (b) funds retained.--a state shall provide each relevant high-risk urban area with an accounting of the items, services, or activities on which any funds retained by the state under subparagraph (a) were expended. ( ) interstate urban areas.--if parts of a high- risk urban area awarded a grant under this section are located in or more states, the administrator shall distribute to each such state-- (a) a portion of the grant funds in accordance with the proposed distribution set forth in the application; or (b) if no agreement on distribution has been reached, a portion of the grant funds determined by the administrator to be appropriate. ( ) certifications regarding distribution of grant funds to high-risk urban areas.--a state that receives grant funds under paragraph ( ) shall certify to the administrator that the state has made available to the applicable high-risk urban area the required funds under paragraph ( ). (e) authorization of appropriations.--there are authorized to be appropriated for grants under this section-- ( ) $ , , for fiscal year ; ( ) $ , , for fiscal year ; ( ) $ , , , for fiscal year ; ( ) $ , , , for fiscal year ; ( ) $ , , , for fiscal year ; and ( ) such sums as are necessary for fiscal year , and each fiscal year thereafter. sec. . [ u.s.c. ] state homeland security grant program. (a) establishment.--there is established a state homeland security grant program to assist state, local, and tribal governments in preventing, preparing for, protecting against, and responding to acts of terrorism. (b) application.-- ( ) in general.--each state may apply for a grant under this section, and shall submit such information in support of the application as the administrator may reasonably require. ( ) minimum contents of application.--the administrator shall require that each state include in its application, at a minimum-- (a) the purpose for which the state seeks grant funds and the reasons why the state needs the grant to meet the target capabilities of that state; (b) a description of how the state plans to allocate the grant funds to local governments and indian tribes; and (c) a budget showing how the state intends to expend the grant funds. ( ) annual applications.--applicants for grants under this section shall apply or reapply on an annual basis. (c) distribution to local and tribal governments.-- ( ) in general.--not later than days after receiving grant funds, any state receiving a grant under this section shall make available to local and tribal governments, consistent with the applicable state homeland security plan-- (a) not less than percent of the grant funds; (b) with the consent of local and tribal governments, items, services, or activities having a value of not less than percent of the amount of the grant; or (c) with the consent of local and tribal governments, grant funds combined with other items, services, or activities having a total value of not less than percent of the amount of the grant. ( ) certifications regarding distribution of grant funds to local governments.--a state shall certify to the administrator that the state has made the distribution to local and tribal governments required under paragraph ( ). ( ) extension of period.--the governor of a state may request in writing that the administrator extend the period under paragraph ( ) for an additional period of time. the administrator may approve such a request if the administrator determines that the resulting delay in providing grant funding to the local and tribal governments is necessary to promote effective investments to prevent, prepare for, protect against, or respond to acts of terrorism. ( ) exception.--paragraph ( ) shall not apply to the district of columbia, the commonwealth of puerto rico, american samoa, the commonwealth of the northern mariana islands, guam, or the virgin islands. ( ) direct funding.--if a state fails to make the distribution to local or tribal governments required under paragraph ( ) in a timely fashion, a local or tribal government entitled to receive such distribution may petition the administrator to request that grant funds be provided directly to the local or tribal government. (d) multistate applications.-- ( ) in general.--instead of, or in addition to, any application for a grant under subsection (b), or more states may submit an application for a grant under this section in support of multistate efforts to prevent, prepare for, protect against, and respond to acts of terrorism. ( ) administration of grant.--if a group of states applies for a grant under this section, such states shall submit to the administrator at the time of application a plan describing-- (a) the division of responsibilities for administering the grant; and (b) the distribution of funding among the states that are parties to the application. (e) minimum allocation.-- ( ) in general.--in allocating funds under this section, the administrator shall ensure that-- (a) except as provided in subparagraph (b), each state receives, from the funds appropriated for the state homeland security grant program established under this section, not less than an amount equal to-- (i) . percent of the total funds appropriated for grants under this section and section in fiscal year ; (ii) . percent of the total funds appropriated for grants under this section and section in fiscal year ; (iii) . percent of the total funds appropriated for grants under this section and section in fiscal year ; (iv) . percent of the total funds appropriated for grants under this section and section in fiscal year ; and (v) . percent of the total funds appropriated for grants under this section and section in fiscal year and in each fiscal year thereafter; and (b) for each fiscal year, american samoa, the commonwealth of the northern mariana islands, guam, and the virgin islands each receive, from the funds appropriated for the state homeland security grant program established under this section, not less than an amount equal to . percent of the total funds appropriated for grants under this section and section . ( ) effect of multistate award on state minimum.-- any portion of a multistate award provided to a state under subsection (d) shall be considered in calculating the minimum state allocation under this subsection. (f) authorization of appropriations.--there are authorized to be appropriated for grants under this section-- ( ) $ , , for each of fiscal years through ; and ( ) such sums as are necessary for fiscal year , and each fiscal year thereafter. sec. . [ u.s.c. ] grants to directly eligible tribes. (a) in general.--notwithstanding section (b), the administrator may award grants to directly eligible tribes under section . (b) tribal applications.--a directly eligible tribe may apply for a grant under section by submitting an application to the administrator that includes, as appropriate, the information required for an application by a state under section (b). (c) consistency with state plans.-- ( ) in general.--to ensure consistency with any applicable state homeland security plan, a directly eligible tribe applying for a grant under section shall provide a copy of its application to each state within which any part of the tribe is located for review before the tribe submits such application to the department. ( ) opportunity for comment.--if the governor of a state determines that the application of a directly eligible tribe is inconsistent with the state homeland security plan of that state, or otherwise does not support the application, not later than days after the date of receipt of that application the governor shall-- (a) notify the administrator, in writing, of that fact; and (b) provide an explanation of the reason for not supporting the application. (d) final authority.--the administrator shall have final authority to approve any application of a directly eligible tribe. the administrator shall notify each state within the boundaries of which any part of a directly eligible tribe is located of the approval of an application by the tribe. (e) prioritization.--the administrator shall allocate funds to directly eligible tribes in accordance with the factors applicable to allocating funds among states under section . (f) distribution of awards to directly eligible tribes.--if the administrator awards funds to a directly eligible tribe under this section, the administrator shall distribute the grant funds directly to the tribe and not through any state. (g) minimum allocation.-- ( ) in general.--in allocating funds under this section, the administrator shall ensure that, for each fiscal year, directly eligible tribes collectively receive, from the funds appropriated for the state homeland security grant program established under section , not less than an amount equal to . percent of the total funds appropriated for grants under sections and . ( ) exception.--this subsection shall not apply in any fiscal year in which the administrator-- (a) receives fewer than applications under this section; or (b) does not approve at least applications under this section. (h) tribal liaison.--a directly eligible tribe applying for a grant under section shall designate an individual to serve as a tribal liaison with the department and other federal, state, local, and regional government officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism. (i) eligibility for other funds.--a directly eligible tribe that receives a grant under section may receive funds for other purposes under a grant from the state or states within the boundaries of which any part of such tribe is located and from any high-risk urban area of which it is a part, consistent with the homeland security plan of the state or high-risk urban area. (j) state obligations.-- ( ) in general.--states shall be responsible for allocating grant funds received under section to tribal governments in order to help those tribal communities achieve target capabilities not achieved through grants to directly eligible tribes. ( ) distribution of grant funds.--with respect to a grant to a state under section , an indian tribe shall be eligible for funding directly from that state, and shall not be required to seek funding from any local government. ( ) imposition of requirements.--a state may not impose unreasonable or unduly burdensome requirements on an indian tribe as a condition of providing the indian tribe with grant funds or resources under section . (k) rule of construction.--nothing in this section shall be construed to affect the authority of an indian tribe that receives funds under this subtitle. sec. . [ u.s.c. ] terrorism prevention. (a) law enforcement terrorism prevention program.-- ( ) in general.--the administrator shall ensure that not less than percent of the total combined funds appropriated for grants under sections and is used for law enforcement terrorism prevention activities. ( ) law enforcement terrorism prevention activities.--law enforcement terrorism prevention activities include-- (a) information sharing and analysis; (b) target hardening; (c) threat recognition; (d) terrorist interdiction; (e) overtime expenses consistent with a state homeland security plan, including for the provision of enhanced law enforcement operations in support of federal agencies, including for increased border security and border crossing enforcement; (f) establishing, enhancing, and staffing with appropriately qualified personnel state, local, and regional fusion centers that comply with the guidelines established under section a(i); (g) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts; (h) any other activity permitted under the fiscal year program guidance of the department for the law enforcement terrorism prevention program; and (i) any other terrorism prevention activity authorized by the administrator. ( ) participation of underrepresented communities in fusion centers.--the administrator shall ensure that grant funds described in paragraph ( ) are used to support the participation, as appropriate, of law enforcement and other emergency response providers from rural and other underrepresented communities at risk from acts of terrorism in fusion centers. (b) office for state and local law enforcement.-- ( ) establishment.--there is established in the policy directorate of the department an office for state and local law enforcement, which shall be headed by an assistant secretary for state and local law enforcement. ( ) qualifications.--the assistant secretary for state and local law enforcement shall have an appropriate background with experience in law enforcement, intelligence, and other counterterrorism functions. ( ) assignment of personnel.--the secretary shall assign to the office for state and local law enforcement permanent staff and, as appropriate and consistent with sections (c)( ), , and (d), other appropriate personnel detailed from other components of the department to carry out the responsibilities under this subsection. ( ) responsibilities.--the assistant secretary for state and local law enforcement shall-- (a) lead the coordination of department- wide policies relating to the role of state and local law enforcement in preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the united states; (b) serve as a liaison between state, local, and tribal law enforcement agencies and the department; (c) coordinate with the office of intelligence and analysis to ensure the intelligence and information sharing requirements of state, local, and tribal law enforcement agencies are being addressed; (d) work with the administrator to ensure that law enforcement and terrorism-focused grants to state, local, and tribal government agencies, including grants under sections and , the commercial equipment direct assistance program, and other grants administered by the department to support fusion centers and law enforcement-oriented programs, are appropriately focused on terrorism prevention activities; (e) coordinate with the science and technology directorate, the federal emergency management agency, the department of justice, the national institute of justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers; and (f) conduct, jointly with the administrator, a study to determine the efficacy and feasibility of establishing specialized law enforcement deployment teams to assist state, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disasters and report on the results of that study to the appropriate committees of congress. ( ) rule of construction.--nothing in this subsection shall be construed to diminish, supercede, or replace the responsibilities, authorities, or role of the administrator. sec. . [ u.s.c. ] prioritization. (a) in general.--in allocating funds among states and high- risk urban areas applying for grants under section or , the administrator shall consider, for each state or high- risk urban area-- ( ) its relative threat, vulnerability, and consequences from acts of terrorism, including consideration of-- (a) its population, including appropriate consideration of military, tourist, and commuter populations; (b) its population density; (c) its history of threats, including whether it has been the target of a prior act of terrorism; (d) its degree of threat, vulnerability, and consequences related to critical infrastructure (for all critical infrastructure sectors) or key resources identified by the administrator or the state homeland security plan, including threats, vulnerabilities, and consequences related to critical infrastructure or key resources in nearby jurisdictions; (e) the most current threat assessments available to the department; (f) whether the state has, or the high-risk urban area is located at or near, an international border; (g) whether it has a coastline bordering an ocean (including the gulf of mexico) or international waters; (h) its likely need to respond to acts of terrorism occurring in nearby jurisdictions; (i) the extent to which it has unmet target capabilities; (j) in the case of a high-risk urban area, the extent to which that high-risk urban area includes-- (i) those incorporated municipalities, counties, parishes, and indian tribes within the relevant eligible metropolitan area, the inclusion of which will enhance regional efforts to prevent, prepare for, protect against, and respond to acts of terrorism; and (ii) other local and tribal governments in the surrounding area that are likely to be called upon to respond to acts of terrorism within the high-risk urban area; and (k) such other factors as are specified in writing by the administrator; and ( ) the anticipated effectiveness of the proposed use of the grant by the state or high-risk urban area in increasing the ability of that state or high-risk urban area to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, and to otherwise reduce the overall risk to the high-risk urban area, the state, or the nation. (b) types of threat.--in assessing threat under this section, the administrator shall consider the following types of threat to critical infrastructure sectors and to populations in all areas of the united states, urban and rural: ( ) biological. ( ) chemical. ( ) cyber. ( ) explosives. ( ) incendiary. ( ) nuclear. ( ) radiological. ( ) suicide bombers. ( ) such other types of threat determined relevant by the administrator. sec. . [ u.s.c. ] use of funds. (a) permitted uses.--the administrator shall permit the recipient of a grant under section or to use grant funds to achieve target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism, consistent with a state homeland security plan and relevant local, tribal, and regional homeland security plans, through-- ( ) developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or mutual aid agreements; ( ) designing, conducting, and evaluating training and exercises, including training and exercises conducted under section of this act and section of the post-katrina emergency management reform act of ( u.s.c. ); ( ) protecting a system or asset included on the prioritized critical infrastructure list established under section e(a)( ); ( ) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software; ( ) ensuring operability and achieving interoperability of emergency communications; ( ) responding to an increase in the threat level under the homeland security advisory system, or to the needs resulting from a national special security event; ( ) establishing, enhancing, and staffing with appropriately qualified personnel state, local, and regional fusion centers that comply with the guidelines established under section a(i); ( ) enhancing school preparedness; ( ) supporting public safety answering points; ( ) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts, regardless of whether such analysts are current or new full-time employees or contract employees; ( ) paying expenses directly related to administration of the grant, except that such expenses may not exceed percent of the amount of the grant; ( ) any activity permitted under the fiscal year program guidance of the department for the state homeland security grant program, the urban area security initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the law enforcement terrorism prevention program; and ( ) any other appropriate activity, as determined by the administrator. (b) limitations on use of funds.-- ( ) in general.--funds provided under section or may not be used-- (a) to supplant state or local funds, except that nothing in this paragraph shall prohibit the use of grant funds provided to a state or high-risk urban area for otherwise permissible uses under subsection (a) on the basis that a state or high-risk urban area has previously used state or local funds to support the same or similar uses; or (b) for any state or local government cost- sharing contribution. ( ) personnel.-- (a) in general.--not more than percent of the amount awarded to a grant recipient under section or in any fiscal year may be used to pay for personnel, including overtime and backfill costs, in support of the permitted uses under subsection (a). (b) waiver.--at the request of the recipient of a grant under section or , the administrator may grant a waiver of the limitation under subparagraph (a). ( ) limitations on discretion.-- (a) in general.--with respect to the use of amounts awarded to a grant recipient under section or for personnel costs in accordance with paragraph ( ) of this subsection, the administrator may not-- (i) impose a limit on the amount of the award that may be used to pay for personnel, or personnel-related, costs that is higher or lower than the percent limit imposed in paragraph ( )(a); or (ii) impose any additional limitation on the portion of the funds of a recipient that may be used for a specific type, purpose, or category of personnel, or personnel-related, costs. (b) analysts.--if amounts awarded to a grant recipient under section or are used for paying salary or benefits of a qualified intelligence analyst under subsection (a)( ), the administrator shall make such amounts available without time limitations placed on the period of time that the analyst can serve under the grant. ( ) construction.-- (a) in general.--a grant awarded under section or may not be used to acquire land or to construct buildings or other physical facilities. (b) exceptions.-- (i) in general.--notwithstanding subparagraph (a), nothing in this paragraph shall prohibit the use of a grant awarded under section or to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making such buildings secure against acts of terrorism. (ii) requirements for exception.-- no grant awarded under section or may be used for a purpose described in clause (i) unless-- (i) specifically approved by the administrator; (ii) any construction work occurs under terms and conditions consistent with the requirements under section (j)( ) of the robert t. stafford disaster relief and emergency assistance act ( u.s.c. (j)( )); and (iii) the amount allocated for purposes under clause (i) does not exceed the greater of $ , , or percent of the grant award. ( ) recreation.--grants awarded under this subtitle may not be used for recreational or social purposes. (c) multiple-purpose funds.--nothing in this subtitle shall be construed to prohibit state, local, or tribal governments from using grant funds under sections and in a manner that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism. (d) reimbursement of costs.-- ( ) paid-on-call or volunteer reimbursement.--in addition to the activities described in subsection (a), a grant under section or may be used to provide a reasonable stipend to paid-on-call or volunteer emergency response providers who are not otherwise compensated for travel to or participation in training or exercises related to the purposes of this subtitle. any such reimbursement shall not be considered compensation for purposes of rendering an emergency response provider an employee under the fair labor standards act of ( u.s.c. et seq.). ( ) performance of federal duty.--an applicant for a grant under section or may petition the administrator to use the funds from its grants under those sections for the reimbursement of the cost of any activity relating to preventing, preparing for, protecting against, or responding to acts of terrorism that is a federal duty and usually performed by a federal agency, and that is being performed by a state or local government under agreement with a federal agency. (e) flexibility in unspent homeland security grant funds.-- upon request by the recipient of a grant under section or , the administrator may authorize the grant recipient to transfer all or part of the grant funds from uses specified in the grant agreement to other uses authorized under this section, if the administrator determines that such transfer is in the interests of homeland security. (f) equipment standards.--if an applicant for a grant under section or proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section of the post- katrina emergency management reform act of ( u.s.c. ), the applicant shall include in its application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards. subtitle b--grants administration sec. . [ u.s.c. ] administration and coordination. (a) regional coordination.--the administrator shall ensure that-- ( ) all recipients of grants administered by the department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section , title iv, or title v of the robert t. stafford disaster relief and emergency assistance act ( u.s.c. , et seq., and et seq.)) coordinate, as appropriate, their prevention, preparedness, and protection efforts with neighboring state, local, and tribal governments; and ( ) all high-risk urban areas and other recipients of grants administered by the department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section , title iv, or title v of the robert t. stafford disaster relief and emergency assistance act ( u.s.c. , et seq., and et seq.)) that include or substantially affect parts or all of more than state coordinate, as appropriate, across state boundaries, including, where appropriate, through the use of regional working groups and requirements for regional plans. (b) planning committees.-- ( ) in general.--any state or high-risk urban area receiving a grant under section or shall establish a planning committee to assist in preparation and revision of the state, regional, or local homeland security plan and to assist in determining effective funding priorities for grants under sections and . ( ) composition.-- (a) in general.--the planning committee shall include representatives of significant stakeholders, including-- (i) local and tribal government officials; and (ii) emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical response, and emergency managers. (b) geographic representation.--the members of the planning committee shall be a representative group of individuals from the counties, cities, towns, and indian tribes within the state or high-risk urban area, including, as appropriate, representatives of rural, high-population, and high-threat jurisdictions. ( ) existing planning committees.--nothing in this subsection may be construed to require that any state or high-risk urban area create a planning committee if that state or high-risk urban area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection. (c) interagency coordination.-- ( ) in general.--not later than months after the date of enactment of the implementing recommendations of the / commission act of , the secretary (acting through the administrator), the attorney general, the secretary of health and human services, and the heads of other agencies providing assistance to state, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man- made disasters, shall jointly-- (a) compile a comprehensive list of federal grant programs for state, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man- made disasters; (b) compile the planning, reporting, application, and other requirements and guidance for the grant programs described in subparagraph (a); (c) develop recommendations, as appropriate, to-- (i) eliminate redundant and duplicative requirements for state, local, and tribal governments, including onerous application and ongoing reporting requirements; (ii) ensure accountability of the programs to the intended purposes of such programs; (iii) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients; (iv) make the programs more accessible and user friendly to applicants; and (v) ensure the programs are coordinated to enhance the overall preparedness of the nation; (d) submit the information and recommendations under subparagraphs (a), (b), and (c) to the appropriate committees of congress; and (e) provide the appropriate committees of congress, the comptroller general, and any officer or employee of the government accountability office with full access to any information collected or reviewed in preparing the submission under subparagraph (d). ( ) scope of task.--nothing in this subsection shall authorize the elimination, or the alteration of the purposes, as delineated by statute, regulation, or guidance, of any grant program that exists on the date of the enactment of the implementing recommendations of the / commission act of , nor authorize the review or preparation of proposals on the elimination, or the alteration of such purposes, of any such grant program. (d) sense of congress.--it is the sense of congress that, in order to ensure that the nation is most effectively able to prevent, prepare for, protect against, and respond to all hazards, including natural disasters, acts of terrorism, and other man-made disasters-- ( ) the department should administer a coherent and coordinated system of both terrorism-focused and all- hazards grants; ( ) there should be a continuing and appropriate balance between funding for terrorism-focused and all- hazards preparedness, as reflected in the authorizations of appropriations for grants under the amendments made by titles i and ii, as applicable, of the implementing recommendations of the / commission act of ; and ( ) with respect to terrorism-focused grants, it is necessary to ensure both that the target capabilities of the highest risk areas are achieved quickly and that basic levels of preparedness, as measured by the attainment of target capabilities, are achieved nationwide. sec. . [ u.s.c. ] accountability. (a) audits of grant programs.-- ( ) compliance requirements.-- (a) audit requirement.--each recipient of a grant administered by the department that expends not less than $ , in federal funds during its fiscal year shall submit to the administrator a copy of the organization-wide financial and compliance audit report required under chapter of title , united states code. (b) access to information.--the department and each recipient of a grant administered by the department shall provide the comptroller general and any officer or employee of the government accountability office with full access to information regarding the activities carried out related to any grant administered by the department. (c) improper payments.--consistent with the improper payments information act of ( u.s.c. note), for each of the grant programs under sections and of this title and section of the post-katrina emergency management reform act of ( u.s.c. ), the administrator shall specify policies and procedures for-- (i) identifying activities funded under any such grant program that are susceptible to significant improper payments; and (ii) reporting any improper payments to the department. ( ) agency program review.-- (a) in general.--not less than once every years, the administrator shall conduct, for each state and high-risk urban area receiving a grant administered by the department, a programmatic and financial review of all grants awarded by the department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section , title iv, or title v of the robert t. stafford disaster relief and emergency assistance act ( u.s.c. , et seq., and et seq.). (b) contents.--each review under subparagraph (a) shall, at a minimum, examine-- (i) whether the funds awarded were used in accordance with the law, program guidance, and state homeland security plans or other applicable plans; and (ii) the extent to which funds awarded enhanced the ability of a grantee to prevent, prepare for, protect against, and respond to natural disasters, acts of terrorism, and other man-made disasters. (c) authorization of appropriations.--in addition to any other amounts authorized to be appropriated to the administrator, there are authorized to be appropriated to the administrator for reviews under this paragraph-- (i) $ , , for each of fiscal years , , and ; and (ii) such sums as are necessary for fiscal year , and each fiscal year thereafter. ( ) office of inspector general performance audits.-- (a) in general.--in order to ensure the effective and appropriate use of grants administered by the department, the inspector general of the department each year shall conduct audits of a sample of states and high- risk urban areas that receive grants administered by the department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section , title iv, or title v of the robert t. stafford disaster relief and emergency assistance act ( u.s.c. , et seq., and et seq.). (b) determining samples.--the sample selected for audits under subparagraph (a) shall be-- (i) of an appropriate size to-- (i) assess the overall integrity of the grant programs described in subparagraph (a); and (ii) act as a deterrent to financial mismanagement; and (ii) selected based on-- (i) the size of the grants awarded to the recipient; (ii) the past grant management performance of the recipient; (iii) concerns identified by the administrator, including referrals from the administrator; and (iv) such other factors as determined by the inspector general of the department. (c) comprehensive auditing.--during the - year period beginning on the date of enactment of the implementing recommendations of the / commission act of , the inspector general of the department shall conduct not fewer than audit of each state that receives funds under a grant under section or . (d) report by the inspector general.-- (i) in general.--the inspector general of the department shall submit to the appropriate committees of congress an annual consolidated report regarding the audits completed during the fiscal year before the date of that report. (ii) contents.--each report submitted under clause (i) shall describe, for the fiscal year before the date of that report-- (i) the audits conducted under subparagraph (a); (ii) the findings of the inspector general with respect to the audits conducted under subparagraph (a); (iii) whether the funds awarded were used in accordance with the law, program guidance, and state homeland security plans and other applicable plans; and (iv) the extent to which funds awarded enhanced the ability of a grantee to prevent, prepare for, protect against, and respond to natural disasters, acts of terrorism and other man-made disasters. (iii) deadline.--for each year, the report required under clause (i) shall be submitted not later than december . (e) public availability on website.--the inspector general of the department shall make each audit conducted under subparagraph (a) available on the website of the inspector general, subject to redaction as the inspector general determines necessary to protect classified and other sensitive information. (f) provision of information to administrator.--the inspector general of the department shall provide to the administrator any findings and recommendations from audits conducted under subparagraph (a). (g) evaluation of grants management and oversight.--not later than year after the date of enactment of the implementing recommendations of the / commission act of , the inspector general of the department shall review and evaluate the grants management and oversight practices of the federal emergency management agency, including assessment of and recommendations relating to-- (i) the skills, resources, and capabilities of the workforce; and (ii) any additional resources and staff necessary to carry out such management and oversight. (h) authorization of appropriations.--in addition to any other amounts authorized to be appropriated to the inspector general of the department, there are authorized to be appropriated to the inspector general of the department for audits under subparagraph (a)-- (i) $ , , for each of fiscal years , , and ; and (ii) such sums as are necessary for fiscal year , and each fiscal year thereafter. ( ) performance assessment.--in order to ensure that states and high-risk urban areas are using grants administered by the department appropriately to meet target capabilities and preparedness priorities, the administrator shall-- (a) ensure that any such state or high-risk urban area conducts or participates in exercises under section (b) of the post- katrina emergency management reform act of ( u.s.c. (b)); (b) use performance metrics in accordance with the comprehensive assessment system under section of the post-katrina emergency management reform act of ( u.s.c. ) and ensure that any such state or high-risk urban area regularly tests its progress against such metrics through the exercises required under subparagraph (a); (c) use the remedial action management program under section of the post-katrina emergency management reform act of ( u.s.c. ); and (d) ensure that each state receiving a grant administered by the department submits a report to the administrator on its level of preparedness, as required by section (c) of the post-katrina emergency management reform act of ( u.s.c. (c)). ( ) consideration of assessments.--in conducting program reviews and performance audits under paragraphs ( ) and ( ), the administrator and the inspector general of the department shall take into account the performance assessment elements required under paragraph ( ). ( ) recovery audits.--the administrator shall conduct a recovery audit (as that term is defined by the director of the office of management and budget under section of title , united states code) for any grant administered by the department with a total value of not less than $ , , , if the administrator finds that-- (a) a financial audit has identified improper payments that can be recouped; and (b) it is cost effective to conduct a recovery audit to recapture the targeted funds. ( ) remedies for noncompliance.-- (a) in general.--if, as a result of a review or audit under this subsection or otherwise, the administrator finds that a recipient of a grant under this title has failed to substantially comply with any provision of law or with any regulations or guidelines of the department regarding eligible expenditures, the administrator shall-- (i) reduce the amount of payment of grant funds to the recipient by an amount equal to the amount of grants funds that were not properly expended by the recipient; (ii) limit the use of grant funds to programs, projects, or activities not affected by the failure to comply; (iii) refer the matter to the inspector general of the department for further investigation; (iv) terminate any payment of grant funds to be made to the recipient; or (v) take such other action as the administrator determines appropriate. (b) duration of penalty.--the administrator shall apply an appropriate penalty under subparagraph (a) until such time as the administrator determines that the grant recipient is in full compliance with the law and with applicable guidelines or regulations of the department. (b) reports by grant recipients.-- ( ) quarterly reports on homeland security spending.-- (a) in general.--as a condition of receiving a grant under section or , a state, high-risk urban area, or directly eligible tribe shall, not later than days after the end of each federal fiscal quarter, submit to the administrator a report on activities performed using grant funds during that fiscal quarter. (b) contents.--each report submitted under subparagraph (a) shall at a minimum include, for the applicable state, high-risk urban area, or directly eligible tribe, and each subgrantee thereof-- (i) the amount obligated to that recipient under section or in that quarter; (ii) the amount of funds received and expended under section or by that recipient in that quarter; and (iii) a summary description of expenditures made by that recipient using such funds, and the purposes for which such expenditures were made. (c) end-of-year report.--the report submitted under subparagraph (a) by a state, high-risk urban area, or directly eligible tribe relating to the last quarter of any fiscal year shall include-- (i) the amount and date of receipt of all funds received under the grant during that fiscal year; (ii) the identity of, and amount provided to, any subgrantee for that grant during that fiscal year; (iii) the amount and the dates of disbursements of all such funds expended in compliance with section (a)( ) or under mutual aid agreements or other sharing arrangements that apply within the state, high-risk urban area, or directly eligible tribe, as applicable, during that fiscal year; and (iv) how the funds were used by each recipient or subgrantee during that fiscal year. ( ) annual report.--any state applying for a grant under section shall submit to the administrator annually a state preparedness report, as required by section (c) of the post-katrina emergency management reform act of ( u.s.c. (c)). (c) reports by the administrator.-- ( ) federal preparedness report.--the administrator shall submit to the appropriate committees of congress annually the federal preparedness report required under section (a) of the post-katrina emergency management reform act of ( u.s.c. (a)). ( ) risk assessment.-- (a) in general.--for each fiscal year, the administrator shall provide to the appropriate committees of congress a detailed and comprehensive explanation of the methodologies used to calculate risk and compute the allocation of funds for grants administered by the department, including-- (i) all variables included in the risk assessment and the weights assigned to each such variable; (ii) an explanation of how each such variable, as weighted, correlates to risk, and the basis for concluding there is such a correlation; and (iii) any change in the methodologies from the previous fiscal year, including changes in variables considered, weighting of those variables, and computational methods. (b) classified annex.--the information required under subparagraph (a) shall be provided in unclassified form to the greatest extent possible, and may include a classified annex if necessary. (c) deadline.--for each fiscal year, the information required under subparagraph (a) shall be provided on the earlier of-- (i) october ; or (ii) days before the issuance of any program guidance for grants administered by the department. ( ) tribal funding report.--at the end of each fiscal year, the administrator shall submit to the appropriate committees of congress a report setting forth the amount of funding provided during that fiscal year to indian tribes under any grant program administered by the department, whether provided directly or through a subgrant from a state or high- risk urban area. [transcriber's note: underscores denote italicized text, plus signs (+) denote bolded text.] national strategy for combating terrorism september table of contents overview of america's national strategy for combating terrorism today's realities in the war on terror _successes_ _challenges_ today's terrorist enemy strategic vision for the war on terror strategy for winning the war on terror _long-term approach: advancing effective democracy_ _over the short term: four priorities of action_ prevent attacks by terrorist networks deny wmd to rogue states and terrorist allies who seek to use them deny terrorists the support and sanctuary of rogue states deny terrorists control of any nation they would use as a base and launching pad for terror institutionalizing our strategy for long-term success conclusion +overview of america's national strategy for combating terrorism+ america is at war with a transnational terrorist movement fueled by a radical ideology of hatred, oppression, and murder. our national strategy for combating terrorism, first published in february , recognizes that we are at war and that protecting and defending the homeland, the american people, and their livelihoods remains our first and most solemn obligation. our strategy also recognizes that the war on terror is a different kind of war. from the beginning, it has been both a battle of arms and a battle of ideas. not only do we fight our terrorist enemies on the battlefield, we promote freedom and human dignity as alternatives to the terrorists' perverse vision of oppression and totalitarian rule. the paradigm for combating terrorism now involves the application of all elements of our national power and influence. not only do we employ military power, we use diplomatic, financial, intelligence, and law enforcement activities to protect the homeland and extend our defenses, disrupt terrorist operations, and deprive our enemies of what they need to operate and survive. we have broken old orthodoxies that once confined our counterterrorism efforts primarily to the criminal justice domain. this updated strategy sets the course for winning the war on terror. it builds directly from the national security strategy issued in march as well as the february national strategy for combating terrorism, and incorporates our increased understanding of the enemy. from the beginning, we understood that the war on terror involved more than simply finding and bringing to justice those who had planned and executed the terrorist attacks on september , . our strategy involved destroying the larger al-qaida network and also confronting the radical ideology that inspired others to join or support the terrorist movement. since / , we have made substantial progress in degrading the al-qaida network, killing or capturing key lieutenants, eliminating safehavens, and disrupting existing lines of support. through the freedom agenda, we also have promoted the best long-term answer to al-qaida's agenda: the freedom and dignity that comes when human liberty is protected by effective democratic institutions. in response to our efforts, the terrorists have adjusted, and so we must continue to refine our strategy to meet the evolving threat. today, we face a global terrorist movement and must confront the radical ideology that justifies the use of violence against innocents in the name of religion. as laid out in this strategy, to win the war on terror, we will: --advance effective democracies as the long-term antidote to the ideology of terrorism; --prevent attacks by terrorist networks; --deny weapons of mass destruction to rogue states and terrorist allies who seek to use them; --deny terrorists the support and sanctuary of rogue states; --deny terrorists control of any nation they would use as a base and launching pad for terror; and --lay the foundations and build the institutions and structures we need to carry the fight forward against terror and help ensure our ultimate success. +today's realities in the war on terror+ the terrorist attacks of september , , were acts of war against the united states, peaceful people throughout the world, and the very principles of liberty and human dignity. the united states, together with our coalition partners, has fought back and will win this war. we will hold the perpetrators accountable and work to prevent the recurrence of similar atrocities on any scale--whether at home or abroad. the war on terror extends beyond the current armed conflict that arose out of the attacks of september , , and embraces all facets of continuing u.s. efforts to bring an end to the scourge of terrorism. ultimately, we will win the long war to defeat the terrorists and their murderous ideology. +_successes_+ --we have deprived al-qaida of safehaven in afghanistan and helped a democratic government to rise in its place. once a terrorist sanctuary ruled by the repressive taliban regime, afghanistan is now a full partner in the war on terror. --a multinational coalition joined by the iraqis is aggressively prosecuting the war against the terrorists in iraq. together, we are working to secure a united, stable, and democratic iraq, now a new war on terror ally in the heart of the middle east. --we have significantly degraded the al-qaida network. most of those in the al-qaida network responsible for the september attacks, including the plot's mastermind khalid shaykh muhammad, have been captured or killed. we also have killed other key al-qaida members, such as abu musab al-zarqawi, the group's operational commander in iraq who led a campaign of terror that took the lives of countless american forces and innocent iraqis. --we have led an unprecedented international campaign to combat terrorist financing that has made it harder, costlier, and riskier for al-qaida and related terrorist groups to raise and move money. --there is a broad and growing global consensus that the deliberate targeting of innocents is never justified by any calling or cause. --many nations have rallied to fight terrorism, with unprecedented cooperation on law enforcement, intelligence, military, and diplomatic activity. --we have strengthened our ability to disrupt and help prevent future attacks in the homeland by enhancing our counterterrorism architecture through the creation of the department of homeland security, the office of director of national intelligence, and the national counterterrorism center. overall, the united states and our partners have disrupted several serious plots since september , including al-qaida plots to attack inside the united states. --numerous countries that were part of the problem before september are now increasingly becoming part of the solution--and this transformation has occurred without destabilizing friendly regimes in key regions. --the administration has worked with congress to adopt, implement, and renew key reforms like the usa patriot act that promote our security while also protecting our fundamental liberties. yet while america is safer, we are not yet safe. the enemy remains determined, and we face serious challenges at home and abroad. +_challenges_+ --terrorist networks today are more dispersed and less centralized. they are more reliant on smaller cells inspired by a common ideology and less directed by a central command structure. --while the united states government and its partners have thwarted many attacks, we have not been able to prevent them all. terrorists have struck in many places throughout the world, from bali to beslan to baghdad. --while we have substantially improved our air, land, sea, and border security, our homeland is not immune from attack. --terrorists have declared their intention to acquire and use weapons of mass destruction (wmd) to inflict even more catastrophic attacks against the united states, our allies, partners, and other interests around the world. --some states, such as syria and iran, continue to harbor terrorists at home and sponsor terrorist activity abroad. --the ongoing fight for freedom in iraq has been twisted by terrorist propaganda as a rallying cry. --increasingly sophisticated use of the internet and media has enabled our terrorist enemies to communicate, recruit, train, rally support, proselytize, and spread their propaganda without risking personal contact. +today's terrorist enemy+ the united states and our partners continue to pursue a significantly degraded but still dangerous al-qaida network. yet the enemy we face today in the war on terror is not the same enemy we faced on september . our effective counterterrorist efforts, in part, have forced the terrorists to evolve and modify their ways of doing business. our understanding of the enemy has evolved as well. today, the principal terrorist enemy confronting the united states is a transnational movement of extremist organizations, networks, and individuals--and their state and non-state supporters--which have in common that they exploit islam and use terrorism for ideological ends. this transnational movement is not monolithic. although al-qaida functions as the movement's vanguard and remains, along with its affiliate groups and those inspired by them, the most dangerous present manifestation of the enemy, the movement is not controlled by any single individual, group, or state. what unites the movement is a common vision, a common set of ideas about the nature and destiny of the world, and a common goal of ushering in totalitarian rule. what unites the movement is the ideology of oppression, violence, and hate. our terrorist enemies exploit islam to serve a violent political vision. fueled by a radical ideology and a false belief that the united states is the cause of most problems affecting muslims today, our enemies seek to expel western power and influence from the muslim world and establish regimes that rule according to a violent and intolerant distortion of islam. as illustrated by taliban-ruled afghanistan, such regimes would deny all political and religious freedoms and serve as sanctuaries for extremists to launch additional attacks against not only the united states, its allies and partners, but the muslim world itself. some among the enemy, particularly al-qaida, harbor even greater territorial and geopolitical ambitions and aim to establish a single, pan-islamic, totalitarian regime that stretches from spain to southeast asia. this enemy movement seeks to create and exploit a division between the muslim and non-muslim world and within the muslim world itself. the terrorists distort the idea of jihad into a call for violence and murder against those they regard as apostates or unbelievers, including all those who disagree with them. most of the terrorist attacks since september have occurred in muslim countries--and most of the victims have been muslims. in addition to this principal enemy, a host of other groups and individuals also use terror and violence against innocent civilians to pursue their political objectives. though their motives and goals may be different, and often include secular and more narrow territorial aims, they threaten our interests and those of our partners as they attempt to overthrow civil order and replace freedom with conflict and intolerance. their terrorist tactics ensure that they are enemies of humanity regardless of their goals and no matter where they operate. for our terrorist enemies, violence is not only justified, it is necessary and even glorified--judged the only means to achieve a world vision darkened by hate, fear, and oppression. they use suicide bombings, beheadings, and other atrocities against innocent people as a means to promote their creed. our enemy's demonstrated indifference to human life and desire to inflict catastrophic damage on the united states and its friends and allies around the world have fueled their desire for weapons of mass destruction. we cannot permit the world's most dangerous terrorists and their regime sponsors to threaten us with the world's most destructive weapons. for the enemy, there is no peaceful coexistence with those who do not subscribe to their distorted and violent view of the world. they accept no dissent and tolerate no alternative points of view. ultimately, the terrorist enemy we face threatens global peace, international security and prosperity, the rising tide of democracy, and the right of all people to live without fear of indiscriminate violence. +strategic vision for the war on terror+ from the beginning, the war on terror has been both a battle of arms and a battle of ideas--a fight against the terrorists and their murderous ideology. in the short run, the fight involves the application of all instruments of national power and influence to kill or capture the terrorists; deny them safehaven and control of any nation; prevent them from gaining access to wmd; render potential terrorist targets less attractive by strengthening security; and cut off their sources of funding and other resources they need to operate and survive. in the long run, winning the war on terror means winning the battle of ideas. ideas can transform the embittered and disillusioned either into murderers willing to kill innocents, or into free peoples living harmoniously in a diverse society. the battle of ideas helps to define the strategic intent of our national strategy for combating terrorism. the united states will continue to lead an expansive international effort in pursuit of a two-pronged vision: --the defeat of violent extremism as a threat to our way of life as a free and open society; and --the creation of a global environment inhospitable to violent extremists and all who support them. +strategy for winning the war on terror+ +_long-term approach: advancing effective democracy_+ the long-term solution for winning the war on terror is the advancement of freedom and human dignity through effective democracy. elections are the most visible sign of a free society and can play a critical role in advancing effective democracy. but elections alone are not enough. effective democracies honor and uphold basic human rights, including freedom of religion, conscience, speech, assembly, association, and press. they are responsive to their citizens, submitting to the will of the people. effective democracies exercise effective sovereignty and maintain order within their own borders, address causes of conflict peacefully, protect independent and impartial systems of justice, punish crime, embrace the rule of law, and resist corruption. effective democracies also limit the reach of government, protecting the institutions of civil society. in effective democracies, freedom is indivisible. they are the long-term antidote to the ideology of terrorism today. this is the battle of ideas. to wage the battle of ideas effectively, we must recognize what does and does not give rise to terrorism: --terrorism is not the inevitable by-product of poverty. many of the september hijackers were from middle-class backgrounds, and many terrorist leaders, like bin laden, are from privileged upbringings. --terrorism is not simply a result of hostility to u.s. policy in iraq. the united states was attacked on september and many years earlier, well before we toppled the saddam hussein regime. moreover, countries that did not participate in coalition efforts in iraq have not been spared from terror attacks. --terrorism is not simply a result of israeli-palestinian issues. al-qaida plotting for the september attacks began in the s, during an active period in the peace process. --terrorism is not simply a response to our efforts to prevent terror attacks. the al-qaida network targeted the united states long before the united states targeted al-qaida. indeed, the terrorists are emboldened more by perceptions of weakness than by demonstrations of resolve. terrorists lure recruits by telling them that we are decadent, easily intimidated, and will retreat if attacked. the terrorism we confront today springs from: --+_political alienation_+. transnational terrorists are recruited from populations with no voice in their own government and see no legitimate way to promote change in their own country. without a stake in the existing order, they are vulnerable to manipulation by those who advocate a perverse political vision based on violence and destruction. --+_grievances that can be blamed on others_+. the failures the terrorists feel and see are blamed both on others and on perceived injustices from the recent or sometimes distant past. the terrorists' rhetoric keeps wounds associated with this past fresh and raw, a potent motivation for revenge and terror. --+_subcultures of conspiracy and misinformation_+. terrorists recruit more effectively from populations whose information about the world is contaminated by falsehoods and corrupted by conspiracy theories. the distortions keep alive grievances and filter out facts that would challenge popular prejudices and self-serving propaganda. --+_an ideology that justifies murder_+. terrorism ultimately depends upon the appeal of an ideology that excuses or even glorifies the deliberate killing of innocents. islam has been twisted and made to serve an evil end, as in other times and places other religions have been similarly abused. defeating terrorism in the long run requires that each of these factors be addressed. effective democracy provides a counter to each, diminishing the underlying conditions terrorists seek to exploit. --in place of alienation, democracy offers an ownership stake in society, a chance to shape one's own future. --in place of festering grievances, democracy offers the rule of law, the peaceful resolution of disputes, and the habits of advancing interests through compromise. --in place of a culture of conspiracy and misinformation, democracy offers freedom of speech, independent media, and the marketplace of ideas, which can expose and discredit falsehoods, prejudices, and dishonest propaganda. --in place of an ideology that justifies murder, democracy offers a respect for human dignity that abhors the deliberate targeting of innocent civilians. democracy is the antithesis of terrorist tyranny, which is why the terrorists denounce it and are willing to kill the innocent to stop it. democracy is based on empowerment, while the terrorists' ideology is based on enslavement. democracies expand the freedom of their citizens, while the terrorists seek to impose a single set of narrow beliefs. democracy sees individuals as equal in worth and dignity, having an inherent potential to create, govern themselves, and exercise basic freedoms of speech and conscience. the terrorists see individuals as objects to be exploited, and then to be ruled and oppressed. democracies are not immune to terrorism. in some democracies, some ethnic or religious groups are unable or unwilling to grasp the benefits of freedom otherwise available in the society. such groups can evidence the same alienation and despair that the transnational terrorists exploit in undemocratic states. this accounts for the emergence in democratic societies of homegrown terrorists--even among second- and third-generation citizens. even in these cases, the long-term solution remains deepening the reach of democracy so that all citizens enjoy its benefits. we will continue to guard against the emergence of homegrown terrorists within our own homeland as well. the strategy to counter the lies behind the terrorists' ideology and deny them future recruits must empower the very people the terrorists most want to exploit: the faithful followers of islam. we will continue to support political reforms that empower peaceful muslims to practice and interpret their faith. we will work to undermine the ideological underpinnings of violent islamic extremism and gain the support of non-violent muslims around the world. the most vital work will be done within the islamic world itself, and jordan, morocco, and indonesia, among others, have begun to make important strides in this effort. responsible islamic leaders need to denounce an ideology that distorts and exploits islam to justify the murder of innocent people and defiles a proud religion. many of the muslim faith are already making this commitment at great personal risk. they realize they are a target of this ideology of terror. everywhere we have joined in the fight against terrorism, muslim allies have stood beside us, becoming partners in this vital cause. they know the stakes--the survival of their own liberty, the future of their own region, the justice and humanity of their own traditions--and the united states is proud to stand beside them. not only will we continue to support the efforts of our muslim partners overseas to reject violent extremism, we will continue to engage with and strengthen the efforts of muslims within the united states as well. through outreach programs and public diplomacy we will reveal the terrorists' violent extremist ideology for what it is--a form of totalitarianism following in the path of fascism and nazism. +_over the short term: four priorities of action_+ the advance of freedom, opportunity, and human dignity through democracy is the long-term solution to the transnational terror movement of today. to create the space and time for this long-term solution to take root, we are operating along four priorities of action in the short term. +prevent attacks by terrorist networks+. a government has no higher obligation than to protect the lives and livelihoods of its citizens. the hard core among our terrorist enemies cannot be reformed or deterred; they will be tracked down, captured, or killed. they will be cut off from the network of individuals, institutions, and other resources they depend on for support and that facilitate their activities. the network, in turn, will be deterred, disrupted, and disabled. working with committed partners across the globe, we continue to use a broad range of tools at home and abroad to take the fight to the terrorists, deny them entry to the united states, hinder their movement across international borders, and establish protective measures to further reduce our vulnerability to attack. --+_attack terrorists and their capacity to operate_+. the united states and our partners continue to take active and effective measures against our primary terrorist enemies and certain other violent extremist groups that also pose a serious and continuing threat. we are attacking these terrorists and their capacity to operate effectively at home and abroad. specifically, through the use of all elements of national power, we are denying or neutralizing what our terrorist enemies need to operate and survive: --leaders, who provide the vision that followers strive to realize. they also offer the necessary direction, discipline, and motivation for accomplishing a given goal or task. most terrorist organizations have a central figure who embodies the cause, in addition to several operational leaders and managers who provide guidance on a functional, regional, or local basis. the loss of a leader can degrade a group's cohesiveness and in some cases may trigger its collapse. other terrorist groups adapt by promoting experienced cadre or decentralizing their command structures, making our challenge in neutralizing terrorist leaders even greater. --foot soldiers, which include the operatives, facilitators, and trainers in a terrorist network. they are the lifeblood of a terrorist group--they make it run. technology and globalization have enhanced the ability of groups to recruit foot soldiers to their cause, including well-educated recruits. we and our partners will not only continue to capture and kill foot soldiers, but will work to halt the influx of recruits into terrorist organizations as well. without a continuing supply of personnel to facilitate and carry out attacks, these groups ultimately will cease to operate. --weapons, or the tools of terrorists and the means by which they murder to advance their cause. terrorists exploit many avenues to develop and acquire weapons, including through state sponsors, theft or capture, and black market purchases. our enemies employ existing technology--explosives, small arms, missiles and other devices--in both conventional and unconventional ways to terrorize and achieve mass effects. they also use non-weapon technologies as weapons, such as the airplanes on september . our greatest and gravest concern, however, is wmd in the hands of terrorists. preventing their acquisition and the dire consequences of their use is a key priority of this strategy. --funds, which provide the fungible, easily transportable means to secure all other forms of material support necessary to the survival and operation of terrorist organizations. our enemies raise funds through a variety of means, including soliciting contributions from supporters; operating businesses, ngos, and charitable fronts; and engaging in criminal activity such as fraud, extortion, and kidnapping for ransom. they transfer funds through several mechanisms, including the formal banking system, wire transfers, debit or "smart" cards, cash couriers, and hawalas, which are alternative remittance systems based on trust. effective disruption of funding sources and interdiction of transfer mechanisms can help our partners and us to starve terrorist networks of the material support they require. --communications, which allow terrorists the ability to receive, store, manipulate, and exchange information. the methods by which terrorists communicate are numerous and varied. our enemies rely on couriers and face-to-face contacts with associates and tend to use what is accessible in their local areas as well as what they can afford. they also use today's technologies with increasing acumen and sophistication. this is especially true with the internet, which they exploit to create and disseminate propaganda, recruit new members, raise funds and other material resources, provide instruction on weapons and tactics, and plan operations. without a communications ability, terrorist groups cannot effectively organize operations, execute attacks, or spread their ideology. we and our partners will continue to target the communication nodes of our enemy. --propaganda operations, which are used by terrorists to justify violent action as well as inspire individuals to support or join the movement. the ability of terrorists to exploit the internet and / worldwide media coverage allows them to bolster their prominence as well as feed a steady diet of radical ideology, twisted images, and conspiracy theories to potential recruits in all corners of the globe. besides a global reach, these technologies allow terrorists to propagate their message quickly, often before an effective counter to terrorist messages can be coordinated and distributed. these are force multipliers for our enemy. --+_deny terrorists entry to the united states and disrupt their travel internationally_+. denying our enemies the tools to travel internationally and across and within our borders significantly impedes their mobility and can inhibit their effectiveness. they rely on illicit networks to facilitate travel and often obtain false identification documents through theft or in-house forgery operations. we will continue to enhance the security of the american people through a layered system of protections along our borders, at our ports, on our roadways and railways, in our skies, and with our international partners. we will continue to develop and enhance security practices and technologies to reduce vulnerabilities in the dynamic transportation network, inhibit terrorists from crossing u.s. borders, and detect and prevent terrorist travel within the united states. our efforts will include improving all aspects of aviation security; promoting secure travel and identity documents; disrupting travel facilitation networks; improving border security and visa screening; and building international capacity and improving international information exchange to secure travel and combat terrorist travel. our national strategy to combat terrorist travel and our national strategy for maritime security will help guide our efforts. --+_defend potential targets of attack_+. our enemies are opportunistic, exploiting vulnerabilities and seeking alternatives to those targets with increased security measures. the targeting trend since at least september has been away from hardened sites, such as official government facilities with formidable security, and toward softer targets--schools, restaurants, places of worship, and nodes of public transportation--where innocent civilians gather and which are not always well secured. specific targets vary, but they tend to be symbolic and often selected because they will produce mass casualties, economic damage, or both. while it is impossible to protect completely all potential targets all the time, we can deter and disrupt attacks, as well as mitigate the effects of those that do occur, through strategic security improvements at sites both at home and overseas. among our most important defensive efforts is the protection of critical infrastructures and key resources--sectors such as energy, food and agriculture, water, telecommunications, public health, transportation, the defense industrial base, government facilities, postal and shipping, the chemical industry, emergency services, monuments and icons, information technology, dams, commercial facilities, banking and finance, and nuclear reactors, materials, and waste. these are systems and assets so vital that their destruction or incapacitation would have a debilitating effect on the security of our nation. we will also continue to protect various assets such as historical attractions or certain highprofile events whose destruction or attack would not necessarily debilitate our national security but could damage the morale and confidence of the american people. beyond the homeland, we will continue to protect and defend u.s. citizens, diplomatic missions, and military facilities overseas, as well as work with our partners to strengthen their ability to protect their populations and critical infrastructures. +deny wmd to rogue states and terrorist allies who seek to use them+. weapons of mass destruction in the hands of terrorists is one of the gravest threats we face. we have taken aggressive efforts to deny terrorists access to wmd-related materials, equipment, and expertise, but we will enhance these activities through an integrated effort at all levels of government and with the private sector and our foreign partners to stay ahead of this dynamic and evolving threat. in july , the united states and russia launched the global initiative to combat nuclear terrorism to establish an international framework to enhance cooperation, build capacity, and act to combat the global threat of nuclear terrorism. this initiative will help drive international focus and action to ensure the international community is doing everything possible to prevent nuclear weapons, materials, and knowledge from reaching the hands of terrorists. with regard to our own efforts, our comprehensive approach for addressing wmd terrorism hinges on six objectives, and we will work across all objectives simultaneously to maximize our ability to eliminate the threat. --+_determine terrorists' intentions, capabilities, and plans to develop or acquire wmd_+. we need to understand and assess the credibility of threat reporting and provide technical assessments of terrorists' wmd capabilities. --+_deny terrorists access to the materials, expertise, and other enabling capabilities required to develop wmd_+. we have an aggressive, global approach to deny our enemies access to wmdrelated materials (with a particular focus on weapons-usable fissile materials), fabrication expertise, methods of transport, sources of funds, and other capabilities that facilitate the execution of a wmd attack. in addition to building upon existing initiatives to secure materials, we are developing innovative approaches that blend classic counterproliferation, nonproliferation, and counterterrorism efforts. --+_deter terrorists from employing wmd_+. a new deterrence calculus combines the need to deter terrorists and supporters from contemplating a wmd attack and, failing that, to dissuade them from actually conducting an attack. traditional threats may not work because terrorists show a wanton disregard for the lives of innocents and in some cases for their own lives. we require a range of deterrence strategies that are tailored to the situation and the adversary. we will make clear that terrorists and those who aid or sponsor a wmd attack would face the prospect of an overwhelming response to any use of such weapons. we will seek to dissuade attacks by improving our ability to mitigate the effects of a terrorist attack involving wmd--to limit or prevent large-scale casualties, economic disruption, or panic. finally, we will ensure that our capacity to determine the source of any attack is well-known, and that our determination to respond overwhelmingly to any attack is never in doubt. --+_detect and disrupt terrorists' attempted movement of wmd-related materials, weapons, and personnel_+. we will expand our global capability for detecting illicit materials, weapons, and personnel transiting abroad or heading for the united states or u.s. interests overseas. we will use our global partnerships, international agreements, and ongoing border security and interdiction efforts. we also will continue to work with countries to enact and enforce strict penalties for wmd trafficking and other suspect wmd-related activities. --+_prevent and respond to a wmd-related terrorist attack_+. once the possibility of a wmd attack against the united states has been detected, we will seek to contain, interdict, and eliminate the threat. we will continue to develop requisite capabilities to eliminate the possibility of a wmd operation and to prevent a possible follow-on attack. we will prepare ourselves for possible wmd incidents by developing capabilities to manage the range of consequences that may result from such an attack against the united states or our interests around the world. --define the nature and source of a terrorist-employed wmd device. should a wmd terrorist attack occur, the rapid identification of the source and perpetrator of an attack will enable our response efforts and may be critical in disrupting follow-on attacks. we will develop the capability to assign responsibility for the intended or actual use of wmd via accurate attribution--the rapid fusion of technical forensic data with intelligence and law enforcement information. +deny terrorists the support and sanctuary of rogue states+. the united states and its allies and partners in the war on terror make no distinction between those who commit acts of terror and those who support and harbor terrorists. any government that chooses to be an ally of terror has chosen to be an enemy of freedom, justice, and peace. the world will hold those regimes to account. to break the bonds between rogue states and our terrorist enemies, we will work to disrupt the flow of resources from states to terrorists while simultaneously working to end state sponsorship of terrorism. --+_end state sponsorship of terrorism_+. state sponsors are a critical resource for our terrorist enemies, often providing funds, weapons, training, safe passage, and sanctuary. some of these countries have developed or have the capability to develop wmd and other destabilizing technologies that could fall into the hands of terrorists. the united states currently designates five state sponsors of terrorism: iran, syria, sudan, north korea, and cuba. we will maintain sanctions against them and promote their international isolation until they end their support for terrorists, including the provision of sanctuary. to further isolate these regimes and persuade other states not to sponsor terror, we will use a range of tools and efforts to delegitimate terrorism as an instrument of statecraft. any act of international terrorism, whether committed by a state or individual, is reprehensible, a threat to international peace and security, and should be unequivocally and uniformly rejected. similarly, states that harbor and assist terrorists are as guilty as the terrorists, and they will be held to account. iran remains the most active state sponsor of international terrorism. through its islamic revolutionary guard corps and ministry of intelligence and security, the regime in tehran plans terrorist operations and supports groups such as lebanese hizballah, hamas, and palestine islamic jihad (pij). iran also remains unwilling to account for and bring to justice senior al-qaida members it detained in . most troubling is the potential wmd-terrorism nexus that emanates from tehran. syria also is a significant state sponsor of terrorism and thus a priority for concern. the regime in damascus supports and provides haven to hizballah, hamas, and pij. we will continue to stand with the people of iran and syria against the regimes that oppress them at home and sponsor terror abroad. while iranian and syrian terrorist activities are especially worrisome, we are pressing all state sponsors to take the steps that are required to have state sponsorship designation rescinded. each case is unique, and our approach to each will be tailored accordingly. moreover, we never foreclose future membership in the coalition against tyranny and terror. the designation of iraq as a state sponsor was rescinded in as it transitioned to democracy, ceased its terrorist support, and became an ally in the war on terror. similarly, the united states in june rescinded the designation of libya, which has renounced terrorism and since september has provided excellent cooperation to the united states and other members of the international community in response to the new global threats we face. libya can serve as a model for states who wish to rejoin the community of nations by rejecting terror. --+_disrupt the flow of resources from rogue states to terrorists_+. until we can eliminate state sponsorship of terror, we will disrupt and deny the flow of support from states to terrorists. we will continue to create and strengthen international will to interdict material support, akin to our efforts in the proliferation security initiative--a global effort to stop shipments of wmd, their delivery systems, and related material. we will build international cooperation to financially isolate rogue states and their terrorist proxies. we also will continue to expose the vehicles and fronts that states use to support their terrorist surrogates. +deny terrorists control of any nation they would use as a base and launching pad for terror+. our terrorist enemies are striving to claim a strategic country as a haven for terror. from this base, they could destabilize the middle east and strike america and other free nations with everincreasing violence. this we can never allow. our enemies had established a sanctuary in afghanistan prior to operation enduring freedom, and today terrorists see iraq as the central front of their fight against the united states. this is why success in helping the afghan and iraqi peoples forge effective democracies is vital. we will continue to prevent terrorists from exploiting ungoverned or under-governed areas as safehavens--secure spaces that allow our enemies to plan, organize, train, and prepare for operations. ultimately, we will eliminate these havens altogether. --+_eliminate physical safehavens_+. physical sanctuaries can stretch across an entire sovereign state, be limited to specific ungoverned or ill-governed areas in an otherwise functioning state, or cross national borders. in some cases the government wants to exercise greater effective sovereignty over its lands and maintain control within its borders but lacks the necessary capacity. we will strengthen the capacity of such war on terror partners to reclaim full control of their territory through effective police, border, and other security forces as well as functioning systems of justice. to further counter terrorist exploitation of under-governed lands, we will promote effective economic development to help ensure long-term stability and prosperity. in failing states or states emerging from conflict, the risks are significant. spoilers can take advantage of instability to create conditions terrorists can exploit. we will continue to work with foreign partners and international organizations to help prevent conflict and respond to state failure by building foreign capacity for peace operations, reconstruction, and stabilization so that countries in transition can reach a sustainable path to peace, democracy, and prosperity. where physical havens cross national boundaries, we will continue to work with the affected countries to help establish effective cross-border control. yet some countries will be reluctant to fulfill their sovereign responsibilities to combat terrorist-related activities within their borders. in addition to cooperation and sustained diplomacy, we will continue to partner with the international community to persuade states to meet their obligations to combat terrorism and deny safehaven under u.n. security council resolution . yet safehavens are not just limited to geographic territories. they also can be non-physical or virtual, existing within legal, cyber, and financial systems. --+_legal safehavens_+. some legal systems lack adequate procedural, substantive, and international assistance laws that enable effective investigation, prosecution, and extradition of terrorists. such gaps offer a haven in which terrorists and their organizations can operate free from fear of prosecution. in the united states we have developed a domestic legal system that supports effective investigation and prosecution of terrorist activities while preserving individual privacy, the first amendment rights of association, religious freedom, free speech, and other civil rights. we will continue to work with foreign partners to build their legal capacity to investigate, prosecute, and assist in the foreign prosecution of the full range of terrorist activities--from provision of material support to conspiracy to operational planning to a completed act of terrorism. --+_cyber safehavens_+. the internet provides an inexpensive, anonymous, geographically unbounded, and largely unregulated virtual haven for terrorists. our enemies use the internet to develop and disseminate propaganda, recruit new members, raise and transfer funds, train members on weapons use and tactics, and plan operations. terrorist organizations can use virtual safehavens based anywhere in the world, regardless of where their members or operatives are located. use of the internet, however, creates opportunities for us to exploit. to counter terrorist use of the internet as a virtual sanctuary, we will discredit terrorist propaganda by promoting truthful and peaceful messages. we will seek ultimately to deny the internet to the terrorists as an effective safehaven for their propaganda, proselytizing, recruitment, fundraising, training, and operational planning. --+_financial safehavens_+. financial systems are used by terrorist organizations as a fiscal sanctuary in which to store and transfer the funds that support their survival and operations. terrorist organizations use a variety of financial systems, including formal banking, wire transfers, debit and other stored value cards, online value storage and value transfer systems, the informal hawala system, and cash couriers. terrorist organizations may be able to take advantage of such financial systems either as the result of willful complicity by financial institutions or as the result of poor oversight and monitoring practices. domestically, we have hardened our financial systems against terrorist abuse by promulgating effective regulations, requiring financial institutions to report suspicious transactions, and building effective public/private partnerships. we will continue to work with foreign partners to ensure they develop and implement similar regulations, requirements, and partnerships with their financial institutions. we also will continue to use the domestic and international designation and targeted sanctions regimes provided by, among other mechanisms, executive order , usa patriot act section , and united nations security council resolution and subsequent resolutions. these tools identify and isolate those actors who form part of terrorist networks or facilitate their activities. +institutionalizing our strategy for long-term success+ the war on terror will be a long war. yet we have mobilized to win other long wars, and we can and will win this one. during the cold war we created an array of domestic and international institutions and enduring partnerships to defeat the threat of communism. today, we require similar transformational structures to carry forward the fight against terror and to help ensure our ultimate success: --+_establish and maintain international standards of accountability_+. states that have sovereign rights also have sovereign responsibilities, including the responsibility to combat terrorism. the international community has developed a compelling body of international obligations relating to counterterrorism. twelve universal conventions and protocols in force against terrorism have been developed under the auspices of the united nations as well as various u.n. security council resolutions related to combating terror. these include unscr , which imposes binding obligations on all states to suppress and prevent terrorist financing, improve their border controls, enhance information sharing and law enforcement cooperation, suppress the recruitment of terrorists, and deny them sanctuary. the group of eight (g- ) along with other multilateral and regional bodies also have been instrumental in developing landmark counterterrorism standards and best practices that have been adopted by international standard-setting organizations. but our obligations are not static. we will collaborate with our partners to update and tailor international obligations to meet the evolving nature of the terrorist enemies and threats we face. we also will work to ensure that each country is both willing and able to meet its counterterrorist responsibilities. finally, we will not just continually monitor whether we and the community of nations are meeting these standards but will evaluate if we are achieving results both individually and collectively. --+_strengthen coalitions and partnerships_+. since september , most of our important successes against al-qaida and other terrorist organizations have been made possible through effective partnerships. continued success depends on the actions of a powerful coalition of nations maintaining a united front against terror. multilateral groups such as the international maritime organization and the international civil aviation organization, as well as regional organizations such as the asia-pacific economic cooperation, the organization of american states, nato, the european union, the african union, and the association of south east asia nations, among others, are essential elements of this front. we will ensure that such international cooperation is an enduring feature of the long war we will fight. we will continue to leverage the comparative advantage of these institutions and organizations--drawing on what each does best in counterterrorism, from setting standards to developing regional strategies to providing forums for training and education. indeed, a significant part of this effort includes expanding partnership capacity. we are building the capacity of foreign partners in all areas of counterterrorism activities, including strengthening their ability to conduct law enforcement, intelligence, and military counterterrorism operations. through the provision of training, equipment, and other assistance, the united states, along with a coalition of willing and able states and organizations, will enhance the ability of partners across the globe to attack and defeat terrorists, deny them funding and freedom of movement, secure their critical infrastructures, and deny terrorists access to wmd and safehavens. ultimately, it will be essential for our partners to come together to facilitate appropriate international, regional, and local solutions to the challenges of terrorism. --+_enhance government architecture and interagency collaboration_+. in the aftermath of september , we have enhanced our counterterrorism architecture and interagency collaboration by setting clear national priorities and transforming the government to achieve those priorities. we have established the department of homeland security, bringing under one authority federal entities with vital roles to play in preventing terrorist attacks within the homeland, reducing america's vulnerability to terrorism, and minimizing the damage and facilitating the recovery from attacks that do occur. we have reorganized the intelligence community. the director of national intelligence (dni) was created to better integrate the efforts of the community into a more unified, coordinated, and effective whole. the dni also launched a new open source center to coordinate open source intelligence and ensure this information is integrated into intelligence community products. in addition, a national counterterrorism center (nctc) was established to serve as a multiagency center analyzing and integrating all intelligence pertaining to terrorism, including threats to u.s. interests at home and abroad. nctc also is responsible for developing, implementing, and assessing the effectiveness of strategic operational planning efforts to achieve counterterrorism objectives. we similarly established a national counterproliferation center to manage and coordinate planning and activities in those areas. the transformation extends to the federal bureau of investigation, which, with the help of legislation such as the usa patriot act, is now more fully integrated with the intelligence community, has refocused its efforts on preventing terrorism, and has been provided important tools to pursue this mission. cia also has transformed to fulfill its role to provide overall direction for and coordination of overseas human intelligence operations of intelligence community elements. in addition, the department of the treasury created the office of terrorism and financial intelligence to arm ourselves for the long term with the intelligence and tools to undercut the financial underpinnings of terrorism around the world. the department of defense also is preparing to meet a wider range of asymmetric challenges by restructuring its capabilities, rearranging its global posture, and adapting its forces to be better positioned to fight the war on terror. this includes significantly expanding special operations forces, increasing the capabilities of its general purpose forces to conduct irregular warfare operations, and initiating the largest rearrangement of its global force posture since the end of world war ii. the department of state is implementing a new framework for foreign assistance to establish more integrated and coherent strategic direction and tactical plans to meet our current and longterm challenges, including terrorism. the state department also is repositioning its domestic and overseas staff to better promote america's policies and interests and have more direct local and regional impact. this transformational diplomacy positions state to work with partners around the world to build and sustain democratic, well-governed states that will respond to the needs of their people and conduct themselves responsibly in the international system. we will sustain the transformation already under way in these and other departments and agencies. moreover, we will continue to build and strengthen a unified team across the counterterrorism community, and a key component of this effort will be fostering "jointness." where practicable, we will increase interagency and intergovernmental assignments for personnel in counterterrorism-related positions. this will help to break down organizational stovepipes and advance the exchange of ideas and practices for more effective counterterrorism efforts. --+_foster intellectual and human capital_+. to better prepare ourselves for a generational struggle against terrorism and the extremist ideologies fueling it, we will create an expert community of counterterrorism professionals. we will continue to establish more systematic programs for the development and education of current professionals in counterterrorism-related fields. we will substantively expand our existing programs with curricula that includes not only training in counterterrorism policies, plans and planning, strategies, and legal authorities, but continuing education in appropriate area studies, religious philosophies, and languages. we also will ensure that personnel throughout all levels of government and in all fields related to combating terror are invited to participate. yet such development and education programs must not be restricted to current counterterrorism personnel. we will support multidisciplinary studies throughout our educational system to build a knowledgeable pool of counterterrorism recruits for the future. the recent national security language initiative is an essential step forward. it will help to expand u.s. foreign language education beginning in early childhood and continuing throughout formal schooling and into the workforce. our efforts to foster intellectual and human capital also will extend beyond our borders--to academic and non-governmental forums with our international partners to discuss and enhance our knowledge about the critical counterterrorism challenges we confront. in the war on terror, there is also a need for all elements of our nation--from federal, state, and local governments to the private sector to local communities and individual citizens--to help create and share responsibilities in a culture of preparedness. this culture of preparedness, which applies to all catastrophes and all hazards, natural or man-made, rests on four principles: a shared acknowledgement of the certainty of future catastrophes and that creating a prepared nation will be a continuing challenge; the importance of initiative and accountability at all levels of society; the role of citizen and community preparedness; and finally, the roles of each level of government and the private sector in creating a prepared nation. built upon a foundation of partnerships, common goals, and shared responsibility, the creation of a culture of preparedness will be among our most profound and enduring transformations in the broader effort to protect and defend the homeland. +conclusion+ since the september attacks, america is safer, but we are not yet safe. we have done much to degrade al-qaida and its affiliates and to undercut the perceived legitimacy of terrorism. our muslim partners are speaking out against those who seek to use their religion to justify violence and a totalitarian vision of the world. we have significantly expanded our counterterrorism coalition, transforming old adversaries into new and vital partners in the war on terror. we have liberated more than million afghans and iraqis from despotism, terrorism, and oppression, permitting the first free elections in recorded history for either nation. in addition, we have transformed our governmental institutions and framework to wage a generational struggle. there will continue to be challenges ahead, but along with our partners, we will attack terrorism and its ideology, and bring hope and freedom to the people of the world. this is how we will win the war on terror. terrorists and freedom fighters st edition sam vaknin, ph.d. editing and design: lidija rangelovska lidija rangelovska a narcissus publications imprint, skopje first published by central europe review not for sale! non-commercial edition. (c) copyright lidija rangelovska. all rights reserved. this book, or any part thereof, may not be used or reproduced in any manner without written permission from: lidija rangelovska - write to: palma@unet.com.mk or to vaknin@link.com.mk visit the author archive of dr. sam vaknin in "central europe review": http://www.ce- review.org/authorarchives/vaknin_archive/vaknin_main.html isbn: - - - http://samvak.tripod.com/guide.html http://economics.cjb.net http://samvak.tripod.com/after.html created by:	lidija rangelovska republic of macedonia c o n t e n t s i.	terrorists and freedom fighters ii.	macedonia to the macedonians iii.	the black hand iv.	the insurgents and the swastika v.	kla - the army of liberation vi.	appendix: pathological narcissism, group behaviour and terrorism vii.	appendix: the crescent and the cross viii.	the author ix.	about "after the rain" terrorists and freedom fighters "'unbounded' morality ultimately becomes counterproductive even in terms of the same moral principles being sought. the law of diminishing returns applies to morality." thomas sowell there's a story about robespierre that has the preeminent rabble- rouser of the french revolution leaping up from his chair as soon as he saw a mob assembling outside. "i must see which way the crowd is headed," he is reputed to have said: "for i am their leader." http://www.salon.com/tech/books/ / / /new_optimism/ people who exercise violence in the pursuit of what they hold to be just causes are alternately known as "terrorists" or "freedom fighters". they all share a few common characteristics: .	a hard core of idealists adopt a cause (in most cases, the freedom of a group of people). they base their claims on history - real or hastily concocted, on a common heritage, on a language shared by the members of the group and, most important, on hate and contempt directed at an "enemy". the latter is, almost invariably, the physical or cultural occupier of space the idealists claim as their own. .	the loyalties and alliances of these people shift effortlessly as ever escalating means justify an ever shrinking cause. the initial burst of grandiosity inherent in every such undertaking gives way to cynical and bitter pragmatism as both enemy and people tire of the conflict. .	an inevitable result of the realpolitik of terrorism is the collaboration with the less savoury elements of society. relegated to the fringes by the inexorable march of common sense, the freedom fighters naturally gravitate towards like minded non-conformists and outcasts. the organization is criminalized. drug dealing, bank robbing and other manner of organized and contumacious criminality become integral extensions of the struggle. a criminal corporatism emerges, structured but volatile and given to internecine donnybrooks. .	very often an un-holy co-dependence develops between the organization and its prey. it is the interest of the freedom fighters to have a contemptible and tyrannical regime as their opponent. if not prone to suppression and convulsive massacres by nature - acts of terror will deliberately provoke even the most benign rule to abhorrent ebullition. .	the terrorist organization will tend to emulate the very characteristics of its enemy it fulminates against the most. thus, all such groups are rebarbatively authoritarian, execrably violent, devoid of human empathy or emotions, suppressive, ostentatious, trenchant and often murderous. .	it is often the freedom fighters who compromise their freedom and the freedom of their people in the most egregious manner. this is usually done either by collaborating with the derided enemy against another, competing set of freedom fighters - or by inviting a foreign power to arbiter. thus, they often catalyse the replacement of one regime of oppressive horror with another, more terrible and entrenched. .	most freedom fighters are assimilated and digested by the very establishment they fought against or as the founders of new, privileged nomenklaturas. it is then that their true nature is exposed, mired in gulosity and superciliousness as they become. inveterate violators of basic human rights, they often transform into the very demons they helped to exorcise. most freedom fighters are disgruntled members of the middle classes or the intelligentsia. they bring to their affairs the merciless ruthlessness of sheltered lives. mistaking compassion for weakness, they show none as they unscrupulously pursue their self- aggrandizement, the ego trip of sending others to their death. they are the stuff martyrs are made of. borne on the crests of circumstantial waves, they lever their unbalanced personalities and project them to great effect. they are the footnotes of history that assume the role of text. and they rarely enjoy the unmitigated support of the very people they proffer to liberate. even the most harangued and subjugated people find it hard to follow or accept the vicissitudinal behaviour of their self-appointed liberators, their shifting friendships and enmities and their pasilaly of violence. in this series of articles, i will attempt to study four such groups which operated in the tortured region of the balkans. i will start with the imro (vmro) in macedonia and bulgaria, proceed to serbia and its union with death ("union or death", aka the black hand), study the ustasha in detail and end with the current mutation of balkan spasms, the kla (uck). return macedonia to the macedonians "two hundred and forty five bands were in the mountains. serbian and bulgarian comitadjis, greek andartes, albanians and vlachs... all waging a terrorist war" leon sciaky in "farewell to salonica: portrait of an era" "(goce delcev died) cloak flung over his left shoulder, his white fez, wrapped in a bluish scarf, pulled down and his gun slung across his left elbow" mihail chakov, who was nearby delcev at the moment of his death, quoted in "balkan ghosts" by robert d. kaplan "i will try and tell this story coldly, calmly, dispassionately ... one must tone the horrors down, for in their nakedness, they are unprintable..." a.g. hales reporting about the illinden uprising in the london "daily news" of october , "the internal macedonian revolutionary organization directs its eyes neither to the west, nor to the east,nor to anywhere else; it relies primarily on its own powers, does not turn into anybody's weapon, and will not allow anybody to use its name and prestige for personal and other purposes. it has demonstrated till now and will prove in the future that it establishes its activities on the interests and works for the ideals of struggling macedonia and the bulgarian race." todor alexandrov, the leader of the imro from to the treaty of berlin killed peter lazov. a turkish soldier first gouged his eyes out, some say with a spoon, others insist it was a knife. as the scream-imbued blood trickled down his face, the turk cut both his ears and the entirety of his nose with his sword. thus maimed and in debilitating agony, he was left to die for a few days. when he failed to do so, the turks disembowelled him to death and decapitated the writhing rump. the ottomans granted independence to bulgaria in the treaty of san stefano unwillingly, following a terminal defeat at the hands of a wrathful russian army. the newly re-invented nation incorporated a huge swathe of macedonia, not including thessaloniki and the chalcidice peninsula. another treaty followed, in berlin, restoring the "balance" by returning macedonia to turkish rule. turkey obligingly accepted a "one country, two systems" approach by agreeing to a christian administration of the region and by permitting education in foreign languages, by foreign powers in foreign-run and owned schools. then they set about a typical infandous ottoman orgy of shredded entrails, gang raped corpses of young girls and maiming and decapitation. the horrors this time transcended anything before. in ohrid, they buried people in pigsty mud for "not paying taxes". joined by turks who escaped the advancing russian armies in north bulgaria and by bosnian moslems, who fled the pincer movement of the forces of austro-hungary, they embarked on the faithful recreation of a bosch-like hell. feeble attempts at resistance (really, self defence) - such as the one organized by natanail, the bishop of ohrid - ended in the ever escalating ferocity of the occupiers. a collaboration emerged between the church and the less than holy members of society. natanail himself provided "chetis" (guerilla bands) with weapons and supplies. in october , an uprising took place in kresna. it was duly suppressed by the turks, though with some difficulty. it was not the first one, having been preceded by the razlovci uprising in . but it was more well organized and explicit in its goals. but no one - with the exception of the turks - was content with the situation and even they were paranoid and anxious. the flip-flop policies of the great powers turned macedonia into the focus of shattered national aspirations grounded in some historical precedent of at least three nations: the greeks, the bulgarians, and the serbs. each invoked ethnicity and history and all conjured up the apparition of the defunct treaty of san stefano. serbia colluded with the habsburgs: bosnia to the latter in return for a free hand in macedonia to the former. the wily austro-hungarians regarded the serbs as cannon fodder in the attrition war against the russians and the turks. in , bulgaria was at last united - north and formerly turk-occupied south - under the kremlin's pressure. the turks switched sides and allied with the serbs against the spectre of a great bulgaria. again, the battleground was macedonia and its bulgarian-leaning (and to many, pure bulgarian) inhabitants. further confusion awaited. in , following the crete uprising against the ottoman rule and in favour of greek enosis (unification), turkey (to prevent bulgaria from joining its greek enemy) encouraged king ferdinand to help the serbs fight the greeks. thus, the balkanian kaleidoscope of loyalties, alliances and everlasting friendship was tilted more savagely than ever before by the paranoia and the whims of nationalism gone berserk. in this world of self reflecting looking glasses, in this bedlam of geopolitics, in this seamless and fluid universe, devoid of any certainty but the certainty of void, an anomie inside an abnormality - a macedonian self identity, tentative and merely cultural at first, began to emerge. voivode gorgija pulevski published a poem "macedonian fairy" in . the young macedonian literary society was established in and started publishing "loza", its journal a year thereafter. krste misirkov, dimitrija cupovski, the vardar society and the macedonian club in belgrade founded the macedonian scholarly-literary society in (in russia). their "macedonian national program" demanded a recognition of a macedonian nation with its own language and culture. they stopped short of insisting on an independent state, settling instead for an autonomy and an independent church. misirkov went on to publish his seminal work, "on macedonian matters" in in sofia. it was a scathing critique of the numbing and off-handed mind games macedonia was subjected to by the big powers. misirkov believed in culture as an identity preserving force. and the purveyors and conveyors of culture were the teachers. "so the teacher in yugoslavia is often a hero and fanatic as well as a servant of the mind; but as they walked along the belgrade streets it could easily be seen that none of them had quite enough to eat or warm enough clothing or handsome lodgings or all the books they needed" - wrote dame rebecca west in her eternal "black lamb and grey falcon" in . goce delcev (gotse deltchev) was a teacher. he was born in in kukush (the bulgarian name of the town), north of thessaloniki (salonica, solun, saloniki). there is no doubt about his cultural background (as opposed to his convictions later in life) - it was bulgarian to the core. he studied at a bulgarian gymnasium in saloniki. he furthered his education at a military academy in sofia. he was a schoolteacher and a guerilla fighter and in both capacities he operated in the areas that are today north-central greece, southwestern bulgaria and the republic of macedonia. he felt equally comfortable in all three regions. he was shot to death by the turks in banitsa, then a bulgarian village, today, a greek one. it was in a spring day in may . the death of this sad but steely eyed, heavily moustached youth was sufficient to ignite the illinden uprising three months later. it erupted on the feast of saint illiya (sveti ilija). peasants sold their sacrificial bulls - the fruits of months of labour - and bought guns with the proceeds. it started rather innocuously in the hotbed of ethnic unrest, western macedonia - telegraph wires were cut, some tax registers incinerated. the imro collaborated in this with the pro-bulgarian organization vzhovits. in krusevo (krushevo) a republic was proclaimed, replete with "rules of the macedonian uprising committee" (aka the "constitution of the uprising"). this document dealt with the liberation of macedonia and the establishment of a macedonian state. a special chapter was dedicated to foreign affairs and neighbourly relationships. it was all heart- achingly naive and it lasted bloody days. crushed by trained soldiers and horse bound artillery, the outnumbered rebels surrendered. forty of them kissed each other goodbye and blew their brains out. the usual raping and blood thick massacres ensued. according to turkish records, these ill-planned and irresponsible moments of glory and freedom cost the lives of , civilians, "terrorists". the rape of , women was not documented. in northwestern macedonia, an adolescent girl was raped by soldiers and murdered afterwards. in another village, they cut a girl's arm to secure her bracelets. the more one is exposed to these atrocities, the more one is prone to subscribe to the view that the ottoman empire - its halting and half hearted efforts at reform notwithstanding - was the single most important agent of retardation and putrid stagnation in its colonies, a stifling influence of traumatic proportions, the cause of mass mental sickness amongst its subjects. as is usually the case in the bloodied geopolitical sandbox known as the balkans, an international peacekeeping force intervened. yet it was - again, habitually - too late, too little. what made delcev, rather his death, the trigger of such an outpouring of emotions was the imro (vmro in macedonian and in bulgarian). the illinden uprising was the funeral of a man who was a hope. it was the ululating grieving of a collective deprived of vengeance or recourse. it was a spasmodic breath taken in the most suffocating of environments. this is not to say that imro was monolithic or that delcev was an apostle (as some of his hagiographers would have him). it was not and he was far from it. but he and his two comrades, jane (yane) sandanski and damyan (dame) gruev had a vision. they had a dream. the imro is the story of a dream turned nightmare, of the absolute corruption of absolute power and of the dangers of inviting the fox to fight the wolf. the original "macedonian revolutionary organization" (mro) was established in sofia. the distinction between being a macedonian and being a macedonian-bulgarian was not sharp, to use a polite understatement. the bulgarians "proper" regarded the macedonians as second class, primitive and uncultured bulgarian relatives who inhabit a part of bulgaria to the east. the macedonians themselves were divided. some wished to be incorporated in bulgaria, the civilized and advanced society and culture. others wanted an independent state - though they, too, believed that the salvation of such an entity - both demographic and financial - lies abroad, with the diaspora and benevolent foreign powers. a third group (and delcev was, for a time, among them) wanted a federation of all states balkan with an equal standing for a macedonian polity (autonomy). the original mro opted for the bulgarian option and restricted its aims to the liberation and immediate annexation of what they solemnly considered to be a turkish-occupied bulgarian territory. to distinguish themselves from this mro, the founders of the macedonian version - all members of the intelligentsia - added the word "internal" to their name. thus, they became, in november , imro. a measure of the disputatiousness of all matters balkanian can be found in the widely and wildly differing versions about the circumstances of the establishment of imro. some say it was established in thessaloniki (this is the official version, thus supporting its "macedonian"-ness). others - like robert kaplan - say it was in stip (shtip) and the encyclopaedia britannica claims it was in ... resen (resana). let it be clear: this author harbours no sympathy towards the ottoman empire. the imro was fighting for lofty ideals (balkanian federation) and worthy goals (liberation from asphyxiating turkish rule). but to many outside observers (with the exception of journalists like john sonixen or john smith), the imro was indistinguishable in its methods of operation from the general landscape of mayhem, crime, disintegration of the social fabric, collapse of authority, social anomie, terror and banditry. from steven sowards' "twenty five lectures on modern balkan history, the balkans in an age of nationalism", available here: http://www.lib.msu.edu/sowards/balkan/lect .htm "meanwhile, the tanzimat reforms remained unfulfilled under abdul hamid's reactionary regime. how effective had all these reforms been by the turn of the century? how bad was life for christian peasants in the balkans? in a book called 'macedonia: its races and their future', h. n. brailsford, an english relief worker, describes lawless conditions in macedonia, the central balkan district between greece, serbia, albania and bulgaria. in the areas brailsford knew, the authorities had little power. he writes: 'an albanian went by night into a bulgarian village and fired into the house of a man whom he regarded as an enemy. ... the prefect...endeavored to arrest the murderer, but [his albanian] village took up his cause, and the gendarmes returned empty-handed. the prefect ... marched upon the offending village at the head of three hundred regular troops. ... the village did not resist, but it still refused to give evidence against the guilty man. the prefect returned to ochrida with forty or fifty prisoners, kept them in gaol for three or four days, and then released them all. ... to punish a simple outbreak of private passion in which no political element was involved [the prefect] had to mobilize the whole armed force of his district, and even then he failed.' robbers and brigands operated with impunity: 'riding one day upon the high-road ..., i came upon a brigand seated on a boulder ... in the middle of the road, smoking his cigarette, with his rifle across his knees, and calmly levying tribute from all the passers-by." extortionists, not police, were in control: "a wise village ... [has] its own resident brigands. ... they are known as rural guards. they are necessary because the christian population is absolutely unarmed and defenceless. to a certain extent they guarantee the village against robbers from outside, and in return they carry on a licensed and modified robbery of their own.' self-defense by orthodox peasants was dangerous: 'the government makes its presence felt ... when a 'flying column' saunters out to hunt an elusive rebel band, or ... to punish some flagrant act of defiance ... the village may have ... resented the violence of the tax-collector ... [or] harboured an armed band of insurgents ... or ... killed a neighbouring civilian turk who had assaulted some girl of the place ... at the very least all the men who can be caught will be mercilessly beaten, at the worst the village will be burned and some of its inhabitants massacred.' it was not surprising that peasants hated their rulers. 'one enters some hovel ... something ... stirs or groans in the gloomiest corner on the floor beneath a filthy blanket. is it fever, one asks, or smallpox? ... the answer comes ..., 'he is ill with fear.' ... looking back ... , a procession of ruined minds comes before the memory--an old priest lying beside a burning house speechless with terror ... a woman who had barked like a dog since the day her village was burned; a maiden who became an imbecile because her mother buried her in a hole under the floor to save her from the soldiers ... children who flee in terror at the sight of a stranger, crying 'turks! turks!' these are the human wreckage of the hurricane which usurps the functions of a government.' four things are worth noting in brailsford's account as we consider the prospects for a reform solution to balkan problems. first, revolutionary politics was not the foremost issue for the christian population: nationalism addressed the immediate problems in their daily lives only indirectly, by promising a potential better state. second, loyalties were still local and based on the family and the village, not on abstract national allegiances. if criminal abuses ended, the ottoman state might yet have invented an ottoman "nationalism" to compete with serbian, greek, romanian, or bulgarian nationalism. third, villagers did not cry out for new government departments or services, but only for relief from corruption and crime. the creation of new national institutions was not necessary, only the reform of existing institutions. fourth, and on the other hand, mistrust and violence between the two sides was habitual. so many decades of reform had failed by this time. the situation was so hopeless and extreme that few people on either side can have thought of reform as a realistic option." during the s, imro's main sources of income were voluntary (and later, less voluntary) taxation of the rural population, bank robberies, train robberies (which won handsome world media coverage) and kidnapping for ransom (like the kidnapping of the american protestant missionary ellen stone - quite a mysterious affair). the imro developed along predictable lines into an authoritarian and secretive organization - a necessity if it were to fight the turks effectively. it had its own tribunals which exercised - often fatal - authority over civilians who were deemed collaborators with the turkish enemy. it must be emphasized that this was not unusual or unique at that time. this was the modus operandi of all military- organized ideological and political groups. and, taking everything into account, the imro was fighting a just war against an abhorrent enemy. moreover, to some extent, its war was effective and resulted in reforms imposed on the sublime port (the turkish authorities) by the great powers of the day. we mentioned the peacekeeping force which replaced the local gendarmerie. but reforms were also enacted in education, religious rights and tolerance, construction, farm policy and other areas. the intractable and resource-consuming macedonian question led directly to the reform of turkey itself by the macedonia-born officer ataturk. and it facilitated the disintegration of the ottoman empire - thus, ironically, leading to the independence of almost everyone except its originators. the radicalization of imro and its transformation into the infamous organization it has come to be known as, started after the second balkan war ( ) and, more so, after the first world war ( ). it was then that disillusionment with big power politics replaced the naive trust in the inevitable triumph of a just claim. the macedonians were never worse off politically, having contributed no less - if not more - than any other nation to the re-distribution of the ottoman empire. the cynicism, the hypocrisy, the off-handedness, the ignorance, the vile interests, the ulterior motives - all conspired to transform the imro from a goal-orientated association to a power hungry mostrosity. in bulgaria, serbia, and greece - former bitter foes - formed the balkan league to confront an even more bitter foe, the ottoman empire on the thin pretext of an albanian uprising. the brotherhood strained in the treaty of london (may ) promptly deteriorated into internecine warfare over the spoils of a successful campaign - namely, over macedonia. serbs, greeks, montenegrins and romanians subdued bulgaria sufficiently to force it to sign a treaty in august in bucharest. "aegean macedonia" went to greece and "vardar macedonia" (today's republic of macedonia) went to serbia. the smaller "pirin macedonia" remained bulgarian. the bulgarian gamble in world war i went well for a while, as it occupied all three parts of macedonia. but the ensuing defeat and dismemberment of its allies, led to a re-definition of even "pirin macedonia" so as to minimize bulgaria's share. vardar macedonia became part of a new kingdom of the serbs, croats, and slovenes (later renamed yugoslavia). these political lego games led to enormous population shifts - the politically correct term for refugees brutally deprived of their land and livelihood. all of them were enshrined in solemn treaties. the treaty of lausanne ( ) led to the expulsion of , turks from aegean macedonia. , greek refugees from turkey replaced them. each of the actual occupiers and each of the potential ones opened its own schools to indoctrinate the future generations of the populace. conflicts erupted over ecclesiastical matters, the construction of railways and railway stations. guerilla fighters soon realized that being pawns on this mad hatter's chessboard could be a profitable vocation. the transformation from freedom fighters to mercenaries with no agenda was swift. and pecuniary considerations bred even more terror and terrorists where there were none before. in the meantime, greece enacted a land reform legislation in "aegean macedonia" - in effect, the confiscation of arable land by thousands of greek settlers, refugees from turkey. much of the land thus "re- distributed" was owned by turkish absentees, now refugees themselves. but a lot of land was simply impounded from its rightful, very much present and very macedonian owners. the serb authorities coerced the population to speak the serb language, changed macedonian names to serb ones in brutally carried campaigns and imposed a corrupt and incompetent bureaucracy upon the suffering multitudes. imro never gave up its proclaimed goal to liberate both occupied parts of macedonia - the aegean and the vardar ones. but, as time passed and as the nature of its organization and operation evolved, the perfunctoriness of its proclamations became more and more evident. the old idealists - the intellectuals and ideologues, the goce delcev types - were removed, died in battle, or left this mutation of their dream. the imro insignia - skull and crossbones - linked it firmly to the italian balckshirts and the nazi brown ones. the imro has developed into a fascist organization. it traded opium. it hired out the services of its skilled assassins (for dollars a contract). it recruited members among the macedonian population in the slums of sofia. finally, they openly collaborated with the fascists of mussolini (who also supported them financially), with the ustashe (similarly supported by italy) and with the nazis (under ivan mihailov, who became the nominal quisling ruler of vardar macedonia). it was an imro man ("vlado the chauffeur") who murdered king alexander of yugoslavia in . all this period, the imro continued to pursue its original agenda. imro terrorists murdered staff and pupils in yugoslav schools in vardar macedonia. in between - , it killed , people. tourists of the period describe the yugoslav-bulgarian frontier as the most fortified in europe with "entanglements, block houses, redoubts and searchlight posts". throughout the twenties and the thirties, the imro maintained a presence in europe, publishing propaganda incessantly and explaining its position eloquently (though not very convincingly). it was not very well liked by both bulgarians and macedonians who got increasingly agitated and exhausted by the extortion of ever increasing taxes and by the seemingly endless violence. but the imro was now a force to reckon with: organized, disciplined, lethal. its influence grew by the day and more than one contemporary describes it as a "state within a state". in bulgaria it collaborated with todor alexandrov in the overthrow and murder of the prime minister, alexandur stamboliyski (june ) and in the appointment of a right wing government headed by alexandur tsankov. stamboliyski tried to appease yugoslavia and, in the process, sacrifice inconvenient elements, such as the imro, as expediently as he could. he made too many powerful enemies too fast: the army (by cutting their inflated budget), the nationalists (by officially abandoning the goal of military expansion), the professional officers (by making them redundant), the great powers (by making them redundant as well) and the opposition (by winning the elections handsomely despite all the above). by signing the treaty of nis (allowing serb forces the right of hot pursuit within bulgarian territory), he in effect sealed his own death warrant. the imro teamed up with the military league (an organization of disgruntled officers, both active duty and reserve) and with the tacit blessing of tsar boris and the forming national alliance (later renamed the democratic alliance), they did away with the hated man. following the murder, the imro was given full control of the region of petric (petrich). it used it as a launching pad of its hit and run attacks against yugoslavia with the full - though clandestine - support of the bulgarian ministry of war and fascist italy. from pirin, they attacked greece as well. these were exactly the kind of international tensions the murdered prime minister was keen to terminate and the imro no less keen to foster. in the meanwhile, alexandrov came to an end typical of many a bulgarian politician and was assassinated only a year after the coup d'etat. the decade that followed did not smile upon the imro. it fragmented and its shreds fought each other in the streets of sofia, chicago- style. by , the imro was a full-fledged extortionist mafia organization. they ran protection rackets ("protecting" small shop- owners against other gangs and "insuring" them against their own violence). hotels in sofia always had free rooms for the imro. the tobacco industry paid the imro more than a million british pounds of that time in six years of "taxation". robberies and assassinations were daily occurrences. so were street shoot-outs and outright confiscation of goods. the imro had no support left anywhere. in , it was disbanded (together with other parties) by colonel kimron georgiev, the new prime minister of bulgaria and a senior figure in the zveno association of disgruntled citizenry. his rule was brief (ended the next year) but the imro never recovered. it brought its own demise upon itself. colonel velcev (velchev), the perpetrator of the coup, was swept to power on the promise to end all terrorist activities - a promise which he kept. the modern republic of macedonia is today ruled by a party called vmro-dpmne. it is one of a few political parties to carry this name and the biggest and weightiest amongst them by far. it is founded on the vision and ideals of goce delcev and has distanced itself from the "terrorist-imro". the picture of delcev adorns every office in both macedonia and bulgaria and he is the closest to a saint a secular regime can have. in , the greeks transferred his bones to bulgaria. stalin, in a last effort to placate tito, ordered bulgaria to transfer them to macedonia. even in his death he knew no peace. now he is buried in his final resting place, in the tranquil inner yard of the church of sveti spas (saint saviour). a marble slab bearing a simple inscription with his name under a tree, in a macedonia which now belongs to the macedonians. return the black hand "i live and shall die for federalism; it is the sole salvation for the monarchy, if anything can save it." archduke franz ferdinand of austria the imro was a populist organization established by intellectuals (as such groups often do) but staffed by peasant, lumpenproletariat and dwellers of the slums formed by macedonian refugees all over the balkans and especially in sofia. its members swore allegiance on a bible and a gun - two universally potent symbols. the nationalist- terrorist movement which bore the improbable by-name of "the black hand" was no such thing. it was elitist - only members of the officer corps and government officials could join. but the two shared an ethos and methods of operation. the imro sought to liberate the parts of macedonia which were under greek and serb control - and the black hand (official name: "union or death") sought to do the same for serbs under ottoman or habsburg rule. the black hand was the precursor of the great serbia dream. but whereas the imro - at least until - did not enjoy the support of the state and its mechanisms, the black hand was, for a long time, the long arm of the serb government and the serb state. to the generation of post-yugoslavia it is a familiar story. in human affairs, the dream of a greater serbia is no less a recurrent nightmare than the numerable german reichs and serbia erupted upon the world stage no less frequently and regularly than its northern equivalent. serbia, montenegro and russia fought a war against turkey in an effort to capitalize on a serb peasants' revolt in bosnia in . the latter were mightily and rather inhumanly oppressed by the local moslem nobility (enmity has long roots in the balkans). it was a holy war for the protection of holy (orthodox) mother church. it was this conflict that led to the turkish capitulation embedded in the san stefano treaty of . it was not the first time that balkan borders were re-drawn but, with the creation of bulgaria, extending all the way to lake ohrid, a few taboos were broken. a new state was created, russia was introduced as a major player and the sick man of europe (the ottoman empire) was in death throes. it also generated a new problem, the macedonian one. the treaty of berlin sought to restore the balance but to no avail. the inexorable germination of the nationalistic ideal has commenced. when the treaty placed bosnia-herzegovina under austro-hungarian administration and allowed habsburg garrisons to camp inside serbia (effectively severing it from montenegro) - the seeds of discontent blossomed into the evil flowers of violence. no one cared what the local populace had to say. the austrian brought roads and railways and modern mining and forestry and industry to this hitherto european backwater. reversing the ottoman infliction was no mean feat. yet, the austrians chose to rule by division, to motivate through hate and to buy the love of their subjects rather than to earn it. they befriended the moslem landlords and pitted the serbs against each across a denominational divide. this volatile state of affairs was only aggravated by the abolition in of the military frontier, which brought hundreds of thousands of serbs into the remit of an increasingly and virulently nationalistic croatia. the hungarians used this to their advantage by fanning croat-serb hostility. after all, they had a historical account to settle with the serbs who quashed an hungarian rebellion not years before (in - ) and were awarded with the half autonomous duchy of vojvodina, an integral part of the kingdom of hungary. the ausgleich of (which divided the loot between austria and hungary) deprived vojvodina of its autonomy. the magyars rushed back in with german and austrian settlers and immediately embarked upon a massive campaign of forced assimilation. thus, as vojvodina prospered with roads and railways and large commercial farms ("the breadbasket of the empire") - it became more hate-riven and explosive. in the balkans, affluence and commerce seem only to encourage envy and belligerence and neighbourly relations are no barrier to mutual slaughter. a self-appointed "guardian of all serbs", the serbian state willingly engaged in agitation and confronted both other ethnicities and the dual monarchy in its quest to safeguard the well-being, welfare, prosperity and equal treatment of the serbs, all noble goals, no doubt. yet instability is contagious, a lesson not learn by serb politicians. even as the bosnian uprising was in progress, king milan stuck an austrian knife unto its back. he agreed to not foment rebellion in bosnia-herzegovina, in return for a free hand in macedonia and some export concessions for some agricultural produce. in , he acted upon his grandiosity to disastrous outcome. four years later, he abdicated in disgrace. not till was order restored in the person of king alexander whose most important act was marrying his concubine, draga masin in . they were both massacred in june by disgruntled officers in their own palace and that was the end of one dynasty (the obrenovic's) and the beginning of another (the karadjordjevic's). a young officer, a member of the general staff of the army, by the name of dragutin dimitrijevic ("apis" - the "holy bull" was his endearing nickname, or, perhaps, the bee, from the latin root, as petrovic, the attache to the serbia legation in london has it in "black hand over europe" by heneri pozzi) planned it all in . remember this name, his role in our history has only just begun. as is usually the case, the honeymoon looked both passionate and auspicious. the new king was of the reforming kind and keen on economic progress and wealth formation. regretfully, his implementation fell short of his intentions. serbian agriculture lagged behind its more commercialized and industrialized competitors, the population grew relentlessly and rural debts buried the semi-feudal rustic peasantry under its increasing burden. it is against this background of mounting and mercurial discontent that the "black hand" was formed. attesting to the spreading of the rot throughout the karadjordjevicean state, was its cancerous metastasis through all levels of the army and the government. apis the regicide was appointed chief of intelligence of the general staff, no less. he later confessed to planning the murders of king nicholas of montenegro, king constantine of greece, the german kaiser and king ferdinand of bulgaria. how much of it was balkan delusions and how much reality is still open to debate - but the man relished death and firmly believed in its transforming and catalysing powers. the black hand became a state within a state (a feat later emulated by the imro). those bureaucrats and politicians not already members of the shady outfit, obeyed its express or perceived wishes out of terror, more imagined than exercised. the army was entirely in thrall. the accelerated advance of dimitrijevic through the ranks serves proof of the growing influence of his cankerous outfit. he became professor of tactics at the military academy where he taught subversion and terror more than military strategy. by , he was chief of intelligence, as we mentioned and by he was attained the rank of colonel at the age of . though formally established only in - the black hand cast its shadow long before. it engaged mostly in propaganda and in the seeding of armed bands in macedonia prior to the two balkan wars. its biggest achievement was probably the inception of numerous revolutionary cells among the serbs of bosnia. the longer and more thorough the meddling, the more the languid relationship between austria and serbia deteriorated. the former imposed tariffs on the exports of the latter in an aptly named "pig war". as serb subversion intensified in bosnia, austria annexed it and herzegovina outright discarding the pretence of autonomy it has maintained. stymied in one border - the serbs reverted to another. the illinden uprising ignited slav imagination. serbia has long hungered after its slice of a dismembered macedonia and thrace in a banquet attended by both bulgaria and greece. but the fresh atrocities - not devoid of religious and ethnic dimensions - endowed the whole endeavour with an aura of a holy war. this delirium was further stoked by the apparent disintegration of the ottoman empire following the revolution of the young turks in . yet, in its drang nach suden, serbia found itself once more entangled with the austrians who had their own designs on macedonia and novi pazar. the risk of losing kosovo and metohija was very real and the conflict assumed the robes of a crusade, both cultural and religious. to the serbs the very maintenance of their self-identity and civilization was at stake. this was the background to the onslaught of the balkan wars. serbia collaborated with the more potent of its potential enemies (greece, bulgaria) in the balkan league. to cleanse the balkans of all turks was the explicit goals of hush-hush treaties and clandestine encounters. the hidden agenda bespoke of austria. the initial triumphs against the turkish army (reversing a trend three centuries old) lent an air of inevitable invincibility and divine justice to the whole endeavour. it is interesting to mention that it was little montenegro which was the first to declare war in almost all balkan conflicts. whether as serbian proxies or because of the contentious nature of the montenegrins remains unclear. whatever the case may be, a second war among the winners of the first left serbia with its agenda fulfilled and with its territory almost doubled. it gained part of the sandzak, all kosovo and metohija and the bulk of macedonia. its tax paying population increased by half as much in less than two years. had it not been for austria's minacious insistence, albania would have never been born on serb occupied territory. the creation of this (artificial, so the serbs felt) albanian state deprived serbia - alone among the victors - from access to the sea. it had another cause for paranoid delusions and deepening sense of victimization at the hands of vast conspiracies. relegated to the geopolitical sidelines, denuded of their conquests, coerced by a big power, the serbs felt humiliated, stabbed in the back, discriminated against, inferior and wrathful. frustration breeds aggression we are taught and this true lesson was never more oft-repeated than in the balkans. the raging rivalry between an eastward-bound austria and a defiant serbia was bound to boil over. the black hand was there to provoke the parties into a final test of strengths and willpower. dame rebecca west voices her doubts regarding the true intent of the black handers in their involvement (which she does not dispute) in the events that followed. based on all manner of circumstantial evidence and the testimonies of mysterious friends of furtive conspirators she reaches the conclusion that they did not believe in the conspiracy to which they lent their support. the black hand went along with the planning and execution of the assassination of archduke, heir to the throne franz (francis) ferdinand in , disbelieving all the way both the skills and the commitment of the youthful would be assassins. perhaps so. yet there can be little doubt and, indeed, there is no dispute that the black hand was introduced to a cabal of plotters called "mlada bosna" (young bosnia), headed by one illich and that this introduction was effected by the year old influential bosnian revolutionary gacinovic (gachinovich) who lived in lausanne in switzerland. the black hander ciganovic (tsiganovitch) made contact with one gavrilo princip and chabrinovich and together with another bosnian, tankosic (tankosich). the latter - a self proclaimed sharpshooter - immediately set about testing the sniping skills of his co-schemers in a secluded wood. with the mild exception of princip, they were no good. despite this disheartening display of incompetence (princip claimed at his trial to have aimed at a general sitting next to the archduke), the black hand equipped them with bombs (of the wrong kind, points west correctly), pistols and suicidal prussic acid (which didn't work). they were smuggled to sarajevo by two collaborating border guards. as opposed to rumours, gavrilo princip was not a member of the black hand, nor was the black hand involved in his training. moreover, the connection between mlada bosna and crna ruka (black hand) was made only a short time before the eventful june , . it was a challenge and on serbia's national day at that. the austrians were elated having been handed the excuse to educate serbia and cut it to size. they issued an ultimatum and the rest is the history of the first truly global conflict, the first world war. in , in a surprising turn of events, alexander, the commander in chief of the expatriate serbian army in collusion with the serb premier, nikola pasic, arrested apis and of his collaborators, thus shattering the black hand irreversibly. it is always surprising how really brittle and vulnerable these apparently invincible organizations of terror are. the imro, after having terrorized bulgaria for decades and decimated its political elite, was reduced to rubble, bloodlessly, in a matter of a few weeks in . the same happened with the omnipotent and all-pervasive black hand. it vanished in a whimper. in may , dragutin dimitrijevic (apis) was executed together with or of his black hand colleagues. finally it was death, not union that caught up with them. the trial was closed to the public, opaque and hurried. the king apparently believed - or claimed he did - that the prisoners conspired on his life. west testifies in her great opus "black lamb grey falcon" that transcripts of the trial were banned and that it was forbidden to mention the mere historic fact either in speech or in print. the members of the black hand lived secretly and dies mysteriously and meaninglessly. but the black hand - like the imro - was a child of the times. the balkans was perceived to be the gate to the crumbling ottoman empire, the coveted prizes were not dirt poor macedonia or albania. it was the stepping stone and the springboard that they represented to much vaster territories, to the riches of the orient, to the exotic realms of asia. all big powers and would be big powers engaged in the pugilistics of self-positioning. the demise of the ottomans was imminent and this imminence exerted subtle but verifiable pressure on all the participant in this grubby grabbing game. additionally, in this fin de siecle, all involved felt doomed. the rumblings of counter-revolutionary russia, the drang nach osten of austria - all were attempts at self re-definition and self- preservation. perhaps this explains the outlandish and disproportionate reaction of austria to the needling of bosnian terrorism. assertive minorities constituted a direct threat to the very cohesion of empire. and serbia blocked the hitherto unhindered path to eastern territories - depriving austria of lebensraum and raison d'etre. faced with a limiting event horizon, austria imploded like a black hole, unto itself. the driving force behind it all was really austria and its growing existential angst. it struck a modus vivendi of mutual paralysis in the balkan with russia as early as . it lasted ten years in which only austria and russia stood still but history defied them both. to its horror, austria discovered that in its pursuit of glorious and condescending isolation, it was left only with germany as an ally, the very germany whose weltpolitik put it on a clear collusion course with the moribund sublime port. russia, on the other hand, teamed up with a rising power, with britain, at least implicitly. the abrupt and involuntary departure of the pliable and easily corruptible obrenovic's in serbia bode ill to the checks and balances austria so cultivated in its relationship with the recalcitrant serbs. karageorgevic was much less enamoured with austrian shenanigans. the final nail in the ever more crowded coffin of austrian foreign policy was hammered in in when the young turks effectively re-opened the question of the administration of bosnia-herzegovina by austria. these territories were always under turkish sovereignty, the austrians "discovered" to growing alarm. one solution was to annex the administered units, as austria's minister of foreign affairs suggested. he further offered a trade-off: recognition of russia's rights of passage through the dardanelles. the russians accepted only to be abandoned by the austrians in the crucial vote. austria annexed bosnia-herzegovina unilaterally - but russia was still prevented from crossing into the warm waters, its ambition and obsession. russia learned a lesson: always back your client (serbia), never back down. elsewhere, tensions between the big powers were growing and eroded their capability to institute a system of efficacious self- regulation. armed conflict erupted between germany and france in morocco more than once. britain and germany were engaged in a naval arms race which depleted the coffers and the social cohesion of both. italy declared war on turkey in and even invaded the dardanelles. serbia and bulgaria struck a bargain to expel the ottomans from europe (see above, the balkan wars). thus, with the field narrowing and getting more crowded, an austrian-serb armageddon was all but inevitable. the irony of it all is that austria presented the only viable solution to the problem of multi-ethnicity and muti-culturalism. the history of the balkans in the th century can be effectively summed up in terms of the contest between the serb and hungarian model of co-existence and its austrian anathema. the serbs and hungarians aspired to ethnically and culturally homogenous states and were willing to apply violence towards the achievement of this goal either by forced assimilation of minorities or by their expulsion or worse. the austrians proposed federalism. they envisaged a federation of politically, culturally and religiously autonomous entities. this peaceful vision constituted a direct threat on the likes of the black hand. peaceful, content citizens do not good rebels make. the encyclopaedia britannica says: "such is the logic of terrorism: its greatest enemies are the peacemakers". the black hand did not operate in empty space and was not alone. in serbia formed "the national defence". its main function was to agitate against the austrians and to conduct propaganda for the serb cause. there were other organizations but all of them were contemptuously labelled "intellectual" by apis, who craved violence. ironically, one of the original band of conspirators against king alexander in - was petar zivkovic (zhivkovitch). but he soon separated himself from the black hand and joined the white hand, another group of officers, more moderate, though no less authoritarian. another king alexander (who was also murdered but in ), king of the serbs, croats and slovenes (later renamed "yugoslavia"), appointed him commander of the palace guards in and prime minister eight years thereafter. zivkovic lost no time in disbanding all political parties and (elected) municipalities. he embarked upon an endless string of show trials of opponents of his dictatorship, communists and anti- monarchists. he introduced a one-party, government-controlled electoral system. thus, in an ironic twist of history, the black hand came to its own, after all. one of its former members a prime minister, a dictator, under a king installed by its slaughterous coup. black hand or white hand - the means disputed, the ends were always in consensus. a great serbia for the great serbian people. return the insurgents and the swastika "even going back ten years it was easy to see something gripping yugoslavia by the throat. but in the years since then the grip has been tightened, and tightened in my opinion by the dictatorship established by king alexander karageorgevitch. this dictatorship, however much it may claim a temporary success, must inevitably have the effect of poisoning all the yugoslav organism. whether the poisoning is incurable or not is the question for which i have sought an answer during two months in yugoslavia, bulgaria and central europe." "black hand over europe" by henri pozzi, the sin yugoslavia was born in sin and in sin it perished. the king of serbs, croats and slovenes, alexander i, a freshly self-proclaimed dictator, declared it on october . it was a union of east and west, the orthodox and the catholic, ottoman residues with austro- hungarian structures, the heart and the mind. inevitably, it stood no chance. the croats and the slovenes - formerly fiery proponents of a yugo (southern) slav federation - were mortified to find themselves in a serb-dominated "third world", byzantine polity. this was especially galling to the croats who fiercely denied both their geography and their race to cling to the delusion of being a part of "europe" rather than the "balkans". to this very day, they hold all things eastern (serbs, the orthodox version of christianity, belgrade, the ottoman empire, macedonia) with unmitigated contempt dipped in an all-pervasive feeling of superiority. this is a well known defence mechanism in nations peripheral. many a suburban folk wish to belong to the city with such heat and conviction, with such ridiculous emulation, that they end up being caricatures of the original. and what original! the bloated, bureaucracy-saddled, autocratic and sadistic habsburg empire. hitler's germany. mussolini's italy. unable to ignore the common ethnic roots of both serbs and croats - one tribe, one language - the croats chose to believe in a vast conspiracy imposed upon the serbs by corrupt and manipulative rulers. the gullible and self-delusional cardinal stepinac of zagreb wrote just before the second world war erupted, in a curious reversal of pan-serbist beliefs: "if there were more freedom... serbia would be catholic in twenty years. the most ideal thing would be for the serbs to return to the faith of their fathers. that is, to bow the head before christ's representative, the holy father. then we could at last breathe in this part of europe, for byzantium has played a frightful role ... in connection with the turks." the same turks that almost conquered croatia and, met by fierce and brave resistance of the latter, were confined to bosnia for years. the croats came to regard themselves as the last line of defence against an encroaching east - against the manifestations and transmutations of byzantium, of the turks, of a vile mix of orthodoxy and islam (though they collaborated with their moslem minority during the ustashe regime). besieged by this siege mentality, the back to the literal wall, desperate and phobic, the croats developed the paranoia typical of all small nations encircled by hostility and impending doom. it was impossible to reconcile their centrifugal tendency in favour of a weak central state in a federation of strong local entities - with the serb propensity to create a centralist and bureaucratic court. when the croat delegates of the peasant party withdrew from the fragmented constituent assembly in - serbia and the moslem members voted for the vidovdan constitution (june ) which was modelled on the pre-war serbian one. while a minority with limited popular appeal, the ustashe did not materialize ex nihilo. they were the logical and inescapable conclusion of a long and convoluted historical process. they were both its culmination and its mutation. and once formed, they were never exorcised by the croats, as the germans exorcised their nazi demon. in this, again, the croats, chose the path of unrepentant austria. croat fascism was not an isolated phenomenon. fascism (and, less so, nazism) were viable ideological alternatives in the s and s. variants of fascist ideology sprang all over the world, from iraq and egypt to norway and britain. even the jews in palestine had their own fascists (the stern group). and while croat fascism (such as it was, "tainted" by catholic religiosity and pagan nationalism) lasted four tumultuous years - it persisted for a quarter of a century in romania ("infected" by orthodox clericalism and peasant lores). while both branches of fascism - the croat and the romanian - shared a virulent type of anti-semitism and the constipated morality of the ascetic and the fanatic - codreanu's was more ambitious, aiming at a wholesale reform of romanian life and a re- definition of romanianism. the iron guard and the legion (of the archangel michael, no less) were, therefore and in their deranged way, a force for reform founded on blood-thirsty romanticism and masochistic sacrifices for the common good. moreover, the legion was crushed in by a military dictatorship which had nothing to do with fascism. it actually persecuted the fascists who found refuge in hitler's germany. fascism in hungary developed similarly. it was based on reactionary ideologies pre-dating fascism by centuries. miklos horty, the austro-hungarian admiral was consumed by grandiose fantasies of an hungarian empire. he had very little in common with the fascists of the "white terror" of in budapest (an anti-communist bloodshed). he did his best to tame the hungarian fascist government of gyula gombos ( ). the untimely death of the latter brought about the meteoric rise of ferenc szalasi and his brand of blood-pure racism. but all these sub-species of fascism, the romanian, the slovakian (tiso) and the hungarian (as opposed to the italian and the bulgarian) were atavistic, pagan, primal and romanticist - as was the croat. these were natural - though nefarious - reactions to dislocation, globalization, economic crisis and cultural pluralism. a set of compensatory mechanisms and reactions to impossible, humiliating and degrading circumstances of wrathful helplessness and frustration. "native fascism" attributed a divine mission or divine plan to the political unit of the nation, a part of a grand design. the leader was the embodiment, the conveyor, the conduit, the exclusive interpreter and the manifestation of this design (the fuhrerprinzip). proof of the existence of such a transcendental plan was the glorious past of the nation, its qualities and conduct (hence the tedious moralizing and historical nitpicking). the definition of the nation relied heavily of the existence of a demonized and dehumanized enemy (marxists, jews, serbs, gypsies, homosexuals, hungarians in romania, etc.). means justified the end and the end was stability and eternity ("the thousand years reich"). thus, as opposed to the original blueprint, these mutants of fascism were inert and aspired to a state of rest, to an equilibrium after a spurt of cleansing and restoration of the rightful balance. when serb domination (serb ubiquitous military, serbs in all senior government positions even in croatia) mushroomed into the "kingdom of serbs, croats and slovenes", it was only natural for dissenting and dissident croats to turn to their "roots". unable to differentiate themselves from the hated serbs racially - they appealed to religious heterogeneity. immediately after the political hybrid was formed, the croats expressed their discontent by handing election victories to the "croatian peasant party" headed by radic. the latter was a dour and devout anti-yugoslav. he openly agitated for an independent - rustic and pastoral - croatia. but radic was a pragmatist. he learned his lesson when - having boycotted the constituent assembly in belgrade - he facilitated the imposition of a pro-serb, pro-central government constitution. radic moderated his demands, if not his rhetoric. the goal was now a federated yugoslavia with croat autonomy within it. there is poetic justice in that his death - at the hand of a montenegrin deputy on the floor of the skupstina in - brought about the dictatorship that was to give rise to macek and the sporazum (croat autonomy). the irony is that a peasant-favouring land reform was being seriously implemented when a deadlock between peasant parties led to king alexander's fateful decision to abolish the parliamentary system. king alexander i was a good and worthy man forced by circumstances into the role of an abhorrent tyrant. he was a great believer in the power of symbols and education. he changed the name of his loose confederacy into a stricter "yugoslavia". in an attempt to defuse internal divisions, he appealed to natural features (like rivers and mountains) as internal borders. croatia vanished as a political entity, replaced by naturally-bounded districts and provinces. the majority of croats still believed in a federal solution, albeit less serb-biased. they believed in reform from the inside. the ustashe and pavelic were always a minority, the bolsheviks of croatia. but king alexander's authoritarian rule was hard to ignore: the torture of political opponents and their execution, the closure of patriotic sports societies, the flagrant interference in the work of the ostensibly independent judiciary, the censorship. there was bad blood growing between the king and more of his subjects by the day. the croats were not the only "minority" to be thus maltreated. the serbs maintained an armed presence in macedonia, kosovo, the sandzak and even in slovenia. they deported thousands of "turks" (actually, all manner of muslims) under the guise of a "re-patriation" scheme. they confiscated land from religious institutions, from the deportees, from big landowners, from the magyars in vojvodina and "re-distributed" it to the serbs. ethnic homogenization (later to become known as "ethnic cleansing") was common practise in that era. the turks, the bulgars, the germans, the greeks were all busily purifying the ethnic composition of their lands. but it made the king and the serbs no friends. the serbs seemed to have been bent on isolating themselves from within and on transforming their yugo slav brethren into sworn adversaries. this was true in the economic sphere as well as in the political realm. serbia declared a "danubian orientation" (in lieu of the "adriatic orientation") which benefited the economies of central and northern serbia at the expense of croatia and slovenia. while serbia was being industrialized and its agriculture reformed, croatia and slovenia did not share in the spoils of war, the reparations that yugoslavia received from the central powers. yugoslavia was protectionist which went against the interest of its trading compatriots. when war reparations ceased ( ) and germany's economy evaporated, yugoslavia was hurled into the economic crisis the world has been experiencing since . the nazi induced recovery of germany drew in yugoslavia and its firms. it was granted favourable export conditions by hitler's germany and many of its companies participated in cartels established by german corporate giants. king alexander i must have known he would be assassinated. someone tried to kill him as he was taking the oath to uphold the constitution on june , . for long years he had to endure a kaleidoscope of governments, a revolving door of ministers, violence in the assembly and ever-escalating croat demands for autonomy. after the hideous slaughter on the floor of parliament, all its remaining croat members withdrew. they refused to go back and parliament had to be dissolved. alexander went further, taking advantage of the constitutional crisis. he abolished the constitution of , outlawed all ethnically, religiously or nationally based political parties (which basically meant most political parties, especially the croat ones), re-organized the state administration, standardized the legal system, school syllabi and curricula and the national holidays. he was moulding a nation single handedly, carving it from the slab of mutual hatred and animosity. the croats regarded all this as yet another serb ploy, proof of serb power-madness and insatiable desire to dominate. in an effort to placate the bulk of his constituency, the peasantry, king alexander established rural credit unions and provided credit lines to small farmers and rural processing plants. to no avail. the insecurity of this hastily foisted regime was felt, its hesitation, the cruelty that is the outcome of fear. the scavengers were gathering. it was this basic shakiness that led the king to look for sustenance from neighbours. in rapid succession, he made his state a friend of bulgaria, czechoslovakia and romania (the last two in the frame of the little entente). another entente followed (the balkan one) with greece, turkey and romania. the king was frantically seeking to neutralize his enemies from without while ignoring the dangers from within. his death lurked in zagreb but he was travelling to marseilles to meet it. a vicious secret police, a burgeoning military, a new constitution to legalize his sanguinous regime conspired with a global economic crisis to make him a hated figure, even by serb democrats. days before his death, he earnestly considered to return to a parliamentary form of government. but it was too late and too little for those who sought his end. the ustasha movement ("insurgence" or "insurrection", officially the "croatian ustasha movement") was a product of the personal rebellion of ante pavelic and like-minded others. born in bosnia, he was a member of the croat minority there, in a serb-infused environment. he practised as a lawyer in zagreb and there joined the nationalist croatian party of rights. he progressed rapidly and by (at the age of ), he was alderman of zagreb city and county. he was a member of the skupstina when anti-croat sentiment peaked with the triple murder of the croat deputies. when alexander the king dissolved parliament and assumed dictatorial powers, he moved (or fled) to italy, there to establish a croat nationalist movement, the ustasha. their motto was "za dom spremny" ("ready for home" or "ready for the fatherland"). italy the fascist was a natural choice - both because of its ideological affinity and because it opposed yugoslavia's gradual drift towards germany. italy was worried about an ultimate anschluss ("unification or incorporation") between the reich and austria - which will have brought hitler's germany to austria's doorstep. thus, the ustasha established training centres (more like refugee camps, as they included the family members of the would be "warriors") in italy and hungary (later to be expelled from the latter as a result of yugoslav pressure). having mainly engaged in the dissemination of printed propaganda, they failed at provoking a peasant rebellion in north dalmatia (promised to italy by the ustasha). but they did better at assassinating their arch-foe, king alexander in (having failed earlier, in ). in this the ustasha was reputed to have collaborated with the fascist imro (internal macedonian revolutionary organization) under ivan mihailov in bulgaria. by joining forces with the imro, the ustasha has transformed itself into a link in the chain of terrorist organizations that engulfed the world in blood and flames prior to the onslaught of the greatest terrorist of all, of hitler. while some versions of the unholy alliance between the bulgarian- macedonian outfit and the croats are unsubstantiated (to put it gently), it is clear that some assistance was provided by both lower italian ranks and the imro. the actual murderer of the king was mihailov's macedonian chauffeur, vlado georgiev-kerin. the ustasha was also known for blowing trains and for attempting to do so on more than one occasion both in croatia and in slovenia. king alexander seemed to have ordered the systematic annihilation of the ustasha just before his own untimely ustasha-assisted annihilation. lt. colonel stevo duitch "committed suicide" in karlsbad and there were attempts - some successful, some less - on pavelic in munich, percevic in vienna, servaci (servatsi) in fiume and percec in budapest. it was made abundantly clear to the ustasha that it was an all-out war with no prisoners taken. the king had to go. it was a strange movement, the ustashe. claiming the continuous "rights of state" of the great croatian kingdom under peter kresimir and zvonimir in the th century - they nonetheless gave up slovenia and bosnia-herzegovina to italy and, later, accepted a german occupation of eastern croatia. composed of frugal ascetics and avaricious operators, merciless romanticists and hard nosed pragmatists, murderous sadists and refined intellectuals, nationalist croats and serb-haters who had no coherent national agenda bar the mass slaughter of the serbs. thus, it was a social movement of the dispossessed, a cesspool of discontent and rage, of aggression too long suppressed but never sublimated, of justified social and political grievances irradiated by racism, national chauvinism, militarism and sadism. a grassroots reaction turned cancerous, led by a second hand, third rate hitler-clone. a terrorist organization displaying the trappings of a state in the making. this is not to say that it lacked popular support. tensions ran so high between serbs and croats that daily brawls broke in pubs and restaurants, trains and public places between serb soldiers and croat citizens in croatia. the ustashe fed on real friction, were charged by escalating tensions, mushroomed on growing violence. prince paul, who acted as regent for years old peter ii, permitted the operation of political parties but did not reinstate parliament. all this time, a yugoslav opposition of democratic forces included croat as well as serb intellectuals and wannabe politicians. vladko macek himself - later, the epitome of croat separatism and the most successful promoter of this cause - was a member. in the elections, his party - the peasant party - won an astounding % of the votes in croatia. the regent, now much humbled by years of strife and paralysis - bowed to popular opinion so eloquently and convincingly expressed. he backed negotiations with macek which led to a declaration of croat independence in everything but name. the sporazum of august , a few days before the outbreak of world war ii, granted croatia self-government except in matters of national defence and foreign affairs. the serbs were now disgruntled. the serb democrats felt abandoned and betrayed by macek and his faustian deal with the dictatorship. all other serbs felt humiliated by what they regarded as a capitulation to irredentism, bound to have a disintegrative domino effect on the rest of serbia's possessions. it is a surrealistic thing, to read the transcripts of these vehement and sincere arguments just four days before the world as all the conversants knew it, came to a shrieking end. when german planes were pulverizing warsaw, yugoslavia declared its mock-neutrality. everybody knew that paul was pro-german. even king alexander before him signed a few secret pacts with the rising, ignore at your peril, central european force. the austrian national socialists who were implicated in the murder of the austrian prime minister, dolfus, in july , escaped to yugoslavia and resided openly (though disarmed by the yugoslav police) in army barracks in varadzin. in , a fascist movement was established in serbia ("zbor"). fascism and nazism were not without their attractions to serbs and croats alike. this is the great theatre of the absurd called the balkans. pavelic and the ustasha were actually closer in geopolitical orientation to the yugoslav monarchy (until paul was deposed by the yugoslav army) - than to mussolini's fascist italy. they were worried by the latter's tendency to block german designs on austria. in a region known for its indefinite historical memory and lack of statute of limitations, they recalled how the italians treated montenegrin refugees in (returning them to yugoslavia in cattle cars). they wondered if the precedent might be repeated, this time with croat passengers. the italians did, after all, arrest "longin" (kvaternik), jelic and others in torino following the assassination of the king. in the paranoid twilight zone of european big power sponsored terrorism, these half hearted actions and dim memories were enough to cast a pall of suspicion and of guilt over the italian regime. mussolini called pavelic his "balkan pawn" but in that he was mistaken. there are good reasons to believe that he was shocked by the murder of king alexander. in any event, the free movement of pavelic and the ustasha was afterwards severely restricted. on march , the crown council of yugoslavia decided to accede to the tripartite pact of the axis, though in a watered down form. yugoslavia maintained the prerogative to refuse the right of passage in its territory to foreign powers. yet, no one believed this would be the case if confronted with such a predicament. this decision - to give up yugoslavia's main asset and only protection - its neutrality - was taken under pressure from the croats in power at the time. the pact was already joined by romania, bulgaria and hungary. two days after the yugoslav prime minister (dragisa cvetkovic) and his foreign minister signed the pact in vienna - they were deposed together with the regent paul. the precocious peter was made king of yugoslavia by the rebellious officers, headed by general dusan simovic. the generals now in charge reverted to yugoslavia's neutrality and refused to join the british-greek naval treaty, for example. but what appeared to be spontaneous demonstrations in favour of the conspirators and against the tripartite pact erupted all over serbia. it was a challenge to germany which it could not ignore. the supreme command of the wehrmact (okw) issued "undertaking " (against yugoslavia) and "case marita" (against greece). the yugoslavs mobilized (albeit with a surprising procrastination), the germans invaded (on april , ) and, within days it was all over. the croats did their best to assist the new forces of occupation, disrupting and sabotaging the best they could army operations as well as civilian defence. it was clear that many of them (though by no means the majority) regarded the serbs as the real occupiers and the germans as long awaited liberators. on april , , six days into the invasion, the germans declared the independent state of croatia (ndh, after the initials of its name in croatian - nezavisna drzava hrvatska). vladimir mecak, leader of the peasant party and deputy prime minister of yugoslavia called on the people to collaborate with the new government. overnight, a fringe terrorist organization, (erroneously) considered to be more a puppet of italy that a true expression of croat nationalism, found itself at the helm of government in circumstances complicated by internecine rivalries, inter-ethnic tensions, an history of hate and mutual resentment, a paranoia stoked by sporadic violence. the serbs were evidently a fifth column and so were the jews. indeed, croatia's serbs wasted no time in joining resistance movements against the nazis and the ndh. anyhow, the vacuum created by macek's surprising passivity and by the church's abstention - was filled by the ustashe. the new state included a part of dalmatia (the rest went to italy), the region of srem and the entirety of bosnia herzegovina. it was the closest croatia ever got to re- creating great croatia of a millennium ago. fearful of croat encroachment, the slovenes hurried to discuss the declaration of their own state modelled after the ndh - only to discover that their country was split between italy and germany. in zagreb, the enthusiasm was great. the nor so returning ustashe were greeted back even by their political rivals. people thronged the streets, throwing flowers and rice at the advancing former terrorist and german convoys. the ndh existed for four years. it had governments - only of which were headed by ante pavelic. as opposed to popular opinion, the ustashe were not a puppet regime, far from it. both the italians and the germans express their continued frustration at being unable to control and manipulate the ustashe. despite their military presence and economic support - both axis powers lacked real leverage over the ever more frantic activities of the ustashe. even when it was clear that the croat ndh - in its genocidal activities - is alienating the serbs and adding to the ranks of resistance movements throughout yugoslavia, there was precious little the germans or italians could do. they held polite and less polite talks with the top echelons of their own creation but like the fabled dr. frankenstein found that the ndh had a life very much of its own and an agenda it pursued with vigour and conviction. it is impossible - nor is it desirable - to avoid the issue of the mass killings of serbs, jews and gypsies. some croats claim that "only" - , were killed in jasenovac and other camps. the very use of the word "only" in this context ought to send a frisson of repulsion down the spines of civilized men. the serbs, jewish scholars and many international scholars claim the number was between - , people. the reason for the disparity in numbers is that - despite their "german" pretensions, the croats acted like the least of the barbarous balkanians in their mass slaughters. this was no industrial affairs, replete with bureaucracy and statistics. the massacres were atavistic, primitive, the call of blood and guts and scattered brains. it was an orgy, not an operation. there is nothing much to tell about the ndh. the regime was busy enacting laws against deadly sins and minor vices (such as pornography). the collaboration with the catholic church proceeded smoothly. laws were passed against the jews. the ndh army fought the partisans and the allied forces. when it tried to surrender to the british army in - it refused to accept their capitulation and turned them over to the partisans. in a series of death marches army soldiers and civilian collaborators with the ustashe were deliberately exterminated. the balkans knows no mercy. victims become butchers and butchers victims in nauseating turns. by , the ndh lost half its territory either to the germans or to the partisans. the rump state survived somehow, its leaders deserting in droves. pavelic himself escaped to austria, from there to italy and argentina. he survived an attempt on his life in and then fled to paraguay and spain where he died in . the dead "after all, if the croat state wishes to be strong, a nationally intolerant policy must be pursued for fifty years, because too much tolerance on such issues can only do harm." adolf hitler to ante pavelic in their meeting, june , "for the rest - serbs, jews and gypsies - we have three million bullets. we shall kill one third of all serbs. we shall deport another third, and the rest of them will be forced to become roman catholic." mile budak, minister of education of croatia, july , "there are limits even to love... (it is) stupid and unworthy of christ's disciples to think that the struggle against evil could be waged in a noble way and with gloves on." archbishop of sarajevo, ivan saric, "croats no longer think that german troops are present merely to provide peace and security, but that they are here to support the ustasha regime [...] the ustashas promote the impression that they act not only in agreement with german instances, but actually on their orders. [...] there is here today a deep mistrust of germany, because it is supporting a regime that has no moral or political right to exist, which is regarded as the greatest calamity that could have happened to the croat people. that regime is based entirely on the recognition by the axis powers, it has no popular roots, and depends on the bayonets of robbers who do more evil in a day than the serbian regime had done in twenty years." captain haffner to general edmund glaise von horstenau, plenipotentiary of the wehrmacht in zagreb, croatia, "our troops have to be mute witnesses of such events; it does not reflect well on their otherwise high reputation... i am frequently told that german occupation troops would finally have to intervene against ustasha crimes. this may happen eventually. right now, with the available forces, i could not ask for such action ad hoc intervention in individual cases could make the german army look responsible for countless crimes which it could not prevent in the past." general edmund glaise von horstenau to the okw, july , "the horrors that the ustashi have committed over the serbian small girls is beyond all words. there are hundreds of photographs confirming these deeds because those of them who have survived the torture: bayonet stabs, pulling of tongues and teeth, nails and breast tips - all this after they were raped. survivors were taken in by our officers and transported to italian hospitals where these documents and facts were gathered." commander of the italian sassari division in croatia, "increased activity of the bands is chiefly due to atrocities carried out by ustasha units in croatia against the orthodox population. the ustashas committed their deeds in a bestial manner not only against males of conscript age, but especially against helpless old people, women and children. the number of the orthodox that the croats have massacred and sadistically tortured to death is about three hundred thousand." report to reichsfuhrer ss heinrich himmler from the geheime staatspolizei - gestapo - dated february , "from the founding [of the ndh] until now the persecution of serbs has not stopped, and even cautious estimates indicate that at least several hundred thousand people have been killed. the irresponsible elements have committed such atrocities that could be expected only from a rabid bolshevik horde." german foreign ministry plenipotentiary representative in belgrade felix benzler to joachim von ribbentrop, minister of foreign affairs of the reich " (in croatia under the ustasha) ...over half a million [serbs] were murdered, about a quarter of a million were expelled from the country, and another quarter of a million were forced to convert to catholicism." encyclopaedia of the holocaust (all quotes from "the real genocide in yugoslavia: independent croatia of revisited" by: srdja trifkovic, published in: www.rockfordinstitute.org and in: www.antiwar.com ) return kla - the army of liberation "(there is a growing tendency among foreign observers) to identify the criminal with the honest, the vandal with the civilized, the mafiosi with the nation.'' former albanian president sali berisha "they were terrorists in and now, because of politics, they're freedom fighters" jerry seper, quoting an anonymous "top drug official" who refers to a state department report, in the article "kla finances war with heroin sales", washington times, may , "the albanian villages are much better, much richer than the serbian ones. the serbs, even the rich ones, don't build fine houses in villages where there are albanians. if a serb has a two-story house he refrains from painting it so that it shan't look better than the albanian houses." leon trotsky, war correspondent for "pravda", reporting from the balkan wars, - "when spring comes, we will manure the plains of kosovo with the bones of serbs, for we, albanians, have suffered too much to forget." isa boletini, leaving the ambassadors conference in london, "instead of using their authority and impartiality to restrain terrorist gangs of albanian extremists, we face the situation in which the terrorism is taking place under their auspices, and even being financed by united nations means" milosevic, march "getting history wrong is an essential part of being a nation." ernest renan, french historian "we spent the 's worrying about a greater serbia. that's finished. we are going to spend time well into the next century worrying about a greater albania." christopher hill, ambassador to macedonia, "there is no excuse for that, even if the serbs in kosovo are very angry. i accept responsibility. one of the most important tasks of a democracy is to protect its minorities." milosevic to ambassador hill who reported to him about atrocities in kosovo "i am like a candle. i am melting away slowly, but i light the way for others." adem demaci, political representative of the kla before the founding fathers of the kla were ibrahim rugova, the pacifist president of the self-proclaimed "kosovo republic", established in - and slobodan milosevic, his belligerent yugoslav counterpart. the abysmal failure of the gandhiesque policies of the former to shelter his people from the recrudescently violent actions of the latter - revived the fledging kla outfit. contrary to typically shallow information in the media, the kla has been known to have operated in kosovo as early as the attack on policemen in glogovac in may . its epiphany, in the form of magnificently uniformed fighters, occurred only on november , (in the funeral of a teacher, a victim of serb zealousness) - but it existed long before. perhaps as long as the people's movement of kosovo, founded in . the historical and cultural roots of the conflict in kosovo were described elsewhere ("the bad blood of kosovo"). reading that article is essential as this one assumes prior acquaintance with it. kosovo is a land of great mineral wealth and commensurate agricultural poverty. it has always languished with decrepit infrastructure and irrelevant industry. kosovo's mineral riches were looted by yugoslavia for decades and both macedonia and kosovo were the poor relatives in the yugoslav federation. in kosovo, more than % of all those over years of age were illiterate (in ) and its per capita income was less than % of the national average. infant mortality was times that in slovenia. kosovo was an african enclave in an otherwise europe-aspiring country. caught in the pernicious spiral of declining commodity prices, kosovo relied on transfers from yugoslavia and from abroad for more than % of its income. inevitably, unemployment tripled from % in to % in . as a result, the federal government had to quell -months long, paralysing riots in . riots were nothing new to kosovo - the demonstrations of were arguably worse (and led to constitutional changes granting autonomy to kosovo in ). but this time, the authorities, reacted with tanks in scenes reminiscent of china's tiananmen square years later. the hotbed of hotheads was, as usual, the university in pristina. students there were more concerned with pedestrian issues such the quality of their food and the lack of facilities than with any eternal revolutionary or national truths. these mundane protests were hijacked by comrades with higher class consciousness and loftier motives of self- determination. such hijacking, though, would have petered out had the cesspool of rage and indignation not been festering so ebulliently. serb insensitivity backed by indiscriminate brutality led to escalation. as the years passed, calls for the restoration of the constitution (under which kosovo was granted political, financial, legal and cultural autonomy and institutions) - merged into a sonorous agenda of "great albania" and a "kosovo republic". the kosovar crowd was never above beatings, looting and burning. the hate was strong. yugoslavia's ruling party - the league of communists - was in the throes of its own transformation. with tito's demise and the implosion of the soviet bloc, the communists lacked both compass and leader. his natural successors were purged by tito in the s and s. the party wasn't sure whether to turn to gorbachev's east or to america's west. the communists panicked and embarked on a rampage of imprisonment, unjust dismissals of albanians (mainly of teachers, journalists, policemen and judges) and the occasional torture or murder. serb intellectuals regarded this as no more than the rectification of tito's anti-serb policies. serbia was the only republic within the federation, who was dismembered into autonomous regions (kosovo and vojvodina). "getting back at tito" was a strong motive, commensurate with serb "the world is against us" paranoia and siege mentality. milosevic, visibly ill at ease, surfed this tide of religion-tinged nationalism straight into kosovo, the historical heartland of serb-ism. oppression breeds resistance and serb oppression served only to streamline the stochastic nationalist movement into a compartmentalized, though factious, underground organization with roots wherever albanians resided: germany, switzerland, the usa, canada and australia. the ideology was an improbable mix of stalinism (enver hoxha-inspired), maoism and albanian chauvinism. this was before albania opened up to reveal its decrepitude and desolation to its kosovar visitors. all delusions of an albania- backed armed rebellion evaporated in the languor of albania proper. thus, the activities of the nationalists were more innocuous than their concocted doctrines. they defaced government buildings, shattered gravestones in serb cemeteries and overturned heroic monuments. the distribution of subversive (and fairly bromide) "literature" was rarely accompanied by acts of terror, either in kosovo or in europe. nationalism is refuge from uncertainty. as the old yugoslavia was crumbling, each of its constituents developed its own brand of escapism, replete with revenant nationalist leaders, mostly fictional "history", a newly discovered language and a pledge to fate to reconstitute a lost empire at its apex. thus, kosovar nationalism was qualitatively the kin and kith of the serb or croat sub-species. paradoxically, though rather predictably, they fed on each other. milosevic was as much a creation of kosovar nationalism as thaci was the outcome of milosevic's policies. the kla's stalinist-maoist inspiration was in emulation of the paranoid and omphaloskeptic regime in albania - but it owed its existence to belgrade's intransigence. the love-hate relationship between the kosovars and the albanians is explored elsewhere ("the myths of great albania -part i"). the serbs, in other words, were as terrified of kosovar irredentism as the kosovars were of serb dominion. their ever more pressing and menacing appeals to belgrade gave the regime the pretext it needed to intervene and milosevic the context he sought in which to flourish. in february , armed with a new constitution which abolished kosovo's autonomy (and, a year later, its stunned government), milosevic quelled a miners' hunger strike and proceeded to institute measures of discrimination against the albanians in the province. discrimination was nothing new to kosovo. the albanians themselves initiated such anti-serb measures following their new gained constitutional autonomy in . now the tide has turned and thousands of albanians who refused to sign new-fangled "loyalty vows" were summarily sacked and lost their pension rights (the most sacred possession of "homo socialismus"). albanian media were shuttered and schools vacated when teacher after teacher refused to abide by the serb curriculum. after a while, the serbs re-opened primary schools and re-hired albanian teachers, allowing them to teach in albanian. but secondary schools and universities remained closed. these acts of persecution did not meet with universal disapproval. greece, for instance, regarded the albanians as natural allies of the turks and, bonded by common enmity, of the macedonians and bulgarians. itself comprised of lands claimed by albania, greece favoured a harsh and final resolution of the albanian question. there can be little doubt that macedonia - feeling besieged by its albanian minority - regarded milosevic as the perfect antidote. macedonia actively assisted yugoslavia to break the embargo imposed on it by the western powers. milosevic was not, therefore, a pariah, as retroactive history would have it. rather, he was the only obstacle to a "great albania". within less than a year, in , the democratic league of kosovo (ldk) was able to claim a membership of , members. hashim thaci ("snake"), sulejman selimi ("sultan") and other leaders of the kla were then years of age. years of swiss education notwithstanding, they witnessed first hand kosovo's tumultuous transformation into the engine of disintegration of the yugoslav federation. it was a valuable lesson in the dialectic of history, later to be applied brilliantly. the leader of the ldk, the forever silk scarfed and mellifluous dr. ibrahim rugova, compared himself openly and blushlessly to vaclav havel and the kosovar struggle to the velvet revolution. this turgid and risible analogy deteriorated further as the kosovar velvet was stained by the blood of innocents. dr. rugova was an unfazed dreamer in a land of harsh nightmares. the sorbonne was never a good preparatory school to the academy of balkan reality. rugova's ideals were good and noble - gandhi-like passive resistance, market economics, constructive (though uncompromising and limited to the authorities) dialogue with the enemy. they might still prevail. and during the early s he was all the rage and the darling of the west. but he failed to translate his convictions into tangible achievements. his biggest failure might have been his inability to ally himself with a "big power" - as did the croats, the slovenes and the bosnians. this became painfully evident with the signature of the dayton accord in which almost completely ignored kosovo and the kosovars. true, the west conditioned the total removal of sanctions against yugoslavia on its humane treatment of its albanian citizens and encouraged the albanians, though circumspectly, to stand for their rights. but there was no explicit support even for the re- instatement of kosovo's status, let alone for the albanians' dreams of statehood. in the absence of such support - financial and diplomatic - kosovo remained an internal problem of yugoslavia, a renegade province, a colony of terror and drug trafficking. the kosovars felt betrayed as they have after the congress of berlin and the balkan wars. perhaps securing such a sponsor was a lost cause to start with (though the kla succeeded where rugova failed) - but then rugova misled his people into sanguinous devastation by declaring the "kosovo republic" prematurely. his choice of pacifism may have been dictated by the sobering sights from the killing fields of bosnia - and proved his pragmatism. but his decision to declare a "republic" was pre-mature, self-aggrandizing and in vacuo. the emergence of a political alternative - tough, realistic, methodical and structured - was not only a question of time but a welcome development. there is no desolation like the one inflicted by sincere idealists. in , rugova set about organizing a republic from a shabby office building and the opposite "cafe mimoza". his government constructed makeshift schools and hospitals, parallel networks of services staffed by the serb-dispossessed, capitalizing on a sweeping wave of volunteerism. albania recognized this nascent state immediately and international negotiators (such as lord owen and cyrus vance) conferred with its self-important figurehead (for instance, in september ). successive american administrations funnelled money into the province and warnings against "ethnic cleansing" were flung at yugoslavia as early as . internally, serb extremists in both belgrade and pristina prevented serb moderates (like then yugoslav prime minister milan panic) from re-opening the schools of kosovo and reducing the massive, northern-ireland-like serb military presence in it. an agreement signed in by both rugova and milosevic to abolish the parallel albanian education system and re- open all the educational facilities in kosovo was thus frustrated. kosovo fractured along ethnic lines with complete segregation of the serbs and the albanians. to avoid contact with the serbs was an unwritten rule, breached only by prominent intellectuals. the "kosovo republic" was far from advocating ethnic cleansing or even outright independence (there were powerful voices in favour of a federal solution within yugoslavia) - but not far from re-inventing an inverted version of apartheid. it faced the ubiquitous problem of all the other republics of former yugoslavia - not one of them was ethnically "pure". to achieve a tolerable level of homogeneity, they had to resort to force. rugova advocated the measured application of the insidious powers of discrimination and segregation. but, once the theme was set, variations were bound to arise. though dominant for some years, rugova and the ldk did not monopolize the kosovar political landscape. following a poll in , boycotted by all other political parties, which resulted in the re-election of rugova as president - the disenchanted and disillusioned had plenty of choice. some joined the kla, many more joined rexhep qosaj's (qosje) united democratic movement (lbd). the political scene in kosovo in the s and early s was vibrant and kaleidoscopic. adem demaci - the marxist ideologue of the kla, a long time political prisoner and the founder of the "revolutionary movement for the merger of albanians" in - established the parliamentary party of kosovo (ppk) before he handed it over to bajram kosumi, a dissident and another venerable political prisoner. the ppk was co-founded by veton surroi, the english-speaking, us- educated, son of a yugoslav diplomat and editor of koha ditore, the albanian language daily. the albanians are not a devout lot, but even islam had its political manifestations in kosovo. the demonstrations gave rise to the popular movement for kosovo (lpk). apparently, it gave rise to the kla, probably in , possibly in pristina. whatever the circumstances, the kla congregated in decani, the region surrounding pristina. two years after the golgovac attack - it tackled a serb border patrol (april) and a serb police station (august) in . light weapons and a crude bomb were used. the serbs were not impressed - but they were provoked into an escalating series of ever more hideous massacres of albanian villagers (the turning point might have been the slaughter by the serbs of the jashari clan in prekaz). machiavellian analysts ascribe to the kla a devilish plot to provoke the serbs into the ethnic cleansing that finally introduced the west to tortured kosovo. the author of this article, aware of the balkan's lack of propensity for long term planning and predilection for self- defeating vengeance - believes that, to the kla, it was all a serendipitous turn of events. whatever the case may be, the kla became sufficiently self-assured and popular to advertise itself on the bbc as responsible for some of the clashes - a rite of passage common to all self-respecting freedom fighters. the selection of targets by the kla is very telling. at first it concentrated its fiery intentions only upon military and law and order personnel. its reluctance to effect civilians was meritorious. a subtle shift occurred when the serbs began to re-populate kosovo with serbs displaced from the krajina region. alarmed by the intent - if not by the execution (only , serbs or so were settled in kosovo) - the kla reacted with a major drive to arm itself and by attacking serb settlements in klina, decani and djakovica and a refugee camp in baboloc. the kla attacks were militarily sophisticated and co-ordinated. serb policemen were ambushed on the road between glogovac and srbica. the serb counter-offensive resulted in dozens of albanian victims - civilians, men, women and children (the "drenica massacre"). the kla tried to defend villages aligned along a pec-djakovica line and thus disrupt the communications and logistics of serb military police and special (ministry of interior) police units. the main arena of fighting was a recurrent one - in the s, albanian guerillas, based in the hills, attacked the serbs in drenica. what finally transformed the kla from a wannabe ira into the fighting force that it has become was the disintegration of albania. history is the annals of irony. the break-up of the kla'a role model - led to the resurgence of its intellectual progeny. the kla absorbed thousands of weapons from the looted armouries of the albanian military and police. angry mobs attacked these ordnances following the collapse of pyramid investment schemes that robbed one third of the population of all their savings. the arms ended up in the trigger-happy hands of drug lords, mafiosi, pimps, smugglers and freedom fighters from tetovo in macedonia to durres in albania and from pristina in kosovo to the sandzak in serbia. the kla was so ill-equipped to cope with this fortuitous cornucopia - that it began to trade weapons, a gainful avocation it found hard to dislodge ever since. the convulsive dissolution of albania led to changes in high places. sali berisha was deposed and replaced by rexhep mejdani, an even more sympathetic ear to separatist demands. berisha himself later allowed the kla to use his property (around tropoja) as staging grounds and supported the cause (though not the "marxist- leninist" kla or its self-appointed government) unequivocally. at a certain stage, he even accused fatos nano, his rival and the prime minister of albania of being the enemy of the albanian people for not displaying the same unmitigated loyalty to the idea of an independent kosovo, under rugova and bujar bukoshi, rugova's money man (and prime minister in exile). the kla was able to expand its presence in albania, mainly in its training and operations centres near kukes, ljabinot (near tirana) and bajram curi. albania had a growing say in the affairs of the kla as it recomposed itself - it was instrumental in summoning the kla to rambouillet, for instance. this armed revelry coupled with the rising fortunes of separatism, led robert gelbard, the senior us envoy to the balkan to label the kla - "a terrorist organization". the serbs took this to mean a licence to kill, which they exercised dutifully in drenica. promptly, the usa changed course and the indomitable madeleine albright switched parties, saying: "we are not going to stand by and watch the serbian authorities do in kosovo what they can no longer get away with in bosnia". this stern consistency was followed by a tightening of the embargo against yugoslavia and by a threat of unilateral action. for the first time in history, the kosovars finally had a sponsor - and what a sponsor! the mightiest of all. as for milosevic, he felt nauseatingly betrayed. not only was he not rewarded for his role as the dayton peacemaker - he was faced with new sanctions, an ultimatum and a direct threat on the very perpetuation of his regime. the kla mushroomed not because it attacked serbs (very sporadically and to a minuscule effect). it ballooned because it delivered where rugova didn't even promise. it delivered an alliance with the usa against the hated serbs. it delivered weapons. it delivered hope and a plan. it delivered vengeance, the self-expression of the downtrodden. it was joined by near and far and, by its own reckoning, its ranks swelled to , warriors. more objective experts put the figure of active fighters at one fourth this number. still, it is an impressive number in a population of . million albanians. during the war, it was joined by overweight suburbanites from north america, albanian volunteers within an "atlantic brigade". it also absorbed albanians with rich military experience from serbia and croatia as well as foreign mercenaries and possibly "afghanis" (the devout moslem veterans of the wars in afghanistan, lebanon and bosnia). the influx of volunteers put pressure on the leadership - both organizational and pecuniary. the kla - an entrepreneurial start up of insurgency - had matured into a national brand of guerilla. it revamped itself, creating directorates, offices and officers, codes and procedures, a radio station and a news agency, an electronic communications interception unit, a word of mouth messenger service and a general military staff, headed since february by "sultan" and divided to seven operational zones. in short, it reacted to changing fortunes by creating a bureaucracy. concurrently, it armed itself to its teeth with more sophisticated weapons than ever before (though it was still short of medical supplies, ammunition and communications equipment). the kla now had shoulder-fired anti-tank rocket launchers (like the german "armburst"), mortars, recoilless rifles, anti-aircraft machine-guns and automatic assault rifles. some of the weapons were even bought from serb army officers or imported through hungary. all this required a financial phase transition. that the kla has benefited, directly and knowingly, from money tainted by drug trafficking and smuggling of both goods and people across borders - can be in little doubt. but i find the proposition that the kla itself has traded in drugs unlikely. the long-established albanian clans which control the "balkan route" - the same clans that faced down the fearsome turkish gangs on their own turf - would have never let an upstart such as the kla take over any of their territory and its incumbent profits. the kla might have traded weapons. it might have dabbled in smuggling. it might have received donations from drug lords. in this, it is no different from all major modern guerilla movements. but it did not peddle drugs - not because of moral scruples but because of the lethal competition it would have encountered. that the kla had to resort to such condemnable methods of financing is not surprising. rugova refused to share with it the funds abroad managed by bujar bukoshi on behalf of the "kosovar people". it had no other means of income and, as opposed to rugova, it could act only clandestinely and surreptitiously. the west was no great help either - contrary to the myth spun by the serbs. another source of income was the % "war tax" levied on , kosovar albanians and their businesses in the diaspora (though most of it ended up under bukoshi's and rugova's control). officially collected by the people's movement of kosovo, the ultimate use of the proceeds was the sustenance of the shadow republic. the kla made use of the voluntary and not so voluntary donations to the swiss- based fund "homeland calls" (or "motherland is calling"). the usa - the pragmatic superpower that it is - began to divert its attention from the bumbling and hapless rugova to the emerging kla. the likes of gelbard and, his senior, richard holbrooke, held talks with its youthful political director, hashim thaci - suave, togged up and earnest, he was just what the doctor ordered. to discern that a showdown in kosovo was near required no prophetic powers. the kla might come handy to espy the land and to divert the serb forces should the need arise. "the clinton administration has diligently put everything in place for intervention. in fact, by mid-july us-nato planners had completed contingency plans for intervention, including air strikes and the deployment of ground troops. all that was missing was a sufficiently brutal or tragic event to trigger the process. as a senior defence department official told reporters on july , 'if some levels of atrocities were reached that would be intolerable, that would probably be a trigger.'" - wrote gary dempsey from the cato institute in october . the author of this article published another one in the "middle east times" in august in which the kosovo conflict was delineated in reasonably accurate detail ("the plight of the kosovar"). the article was written in april - by which time the outline of things to come was plain. all along, the kla prepared itself to be a provisional government in-waiting. it occupied regions of kosovo, established roadblocks, administration, welfare offices. its members operated nocturnally. the serb reaction got ever harsher until finally it threatened not only to wipe the kla out of existence but also to depopulate the parts of the province controlled by it. in september , nato threatened air strikes against serbia, following reports of a massacre of women and children in the village of gornje obrinje. this led to the october th agreement with belgrade, which postulated a reduction in the levels of yugoslav troops in the province. the kla was all but ignored in these events. rugova was not. he was often consulted by the american negotiators and treated like a head of state. the message was deafeningly clear: the kla was a pawn on the chessboard of war. it had no place where the civilized and the responsible tread. it had no raison d'etre in peacetime. it reacted by hitting a number of "serb collaborators" (mostly of gorani extract - muslim slavs who speak a dialect of albanian). one of the disposed was enver maloku, rugova's close associate. on january , , in the village of racak, someone murdered scores of people and dumped them by the roadside. the kla blamed the serbs. the serbs blamed the kla and william walker, the head of the osce observer team. the media reports were inconclusive. while everyone was fighting over the smouldering bodies, nato was preparing to attack and walker withdrew his observer team from kosovo into an increasingly reluctant and enraged macedonia. faced with sovereignty-infringing and regime-destabilizing demands at rambouillet, the serbs declined. under pressure and after days of consultations, the albanian delegation accepted the dictated draft agreement hesitatingly. in the absence of the predicted serb capitulation, "operation allied forces" commenced. rambouillet was a turning point for the kla. evidently on the verge of war, the usa reverted to its preferences of yore. the kla, a more useful ally on the ground in battle, took over from the ldk as the us favourite. at the behest of the united states, kla representatives not only were present, but headed the kosovar negotiating team. thaci took some convincing and shuttling between rambouillet, switzerland and kosovo - but finally, in march, he accepted the terms of the agreement with a sombre rugova in tow. these public acts of statesmanship: negotiating, bargaining and, finally, accepting graciously - cemented the role and image of the kla as not only a military outfit but also a political organization with the talent and wherewithal to lead the kosovars. rugova's position was never more negligible and marginal. after "the kla will transform in many directions, not just a military guard. one part will become part of the police, one part will become civil administration, one part will become the army of kosovo, as a defence force. finally, a part will form a political party." agim ceku, kla cdr the western media hit a nadir of bias and unprofessional sycophancy during the kosovo crisis. it, therefore, remains unclear who pulled whose strings. the kla was seen to be more adept at spin doctoring than hubris-infested nato. it started the war as an outcast and ended it as an ally of nato on the ground and the real government of a future kosovo. it capitalized ingeniously on rugova's mysterious disappearance and then on his, even less comprehensible, refusal to visit the refugee camps and to return to liberated kosovo. it interfaced marvellously with both youthful prime ministers - albania's pandeli majko and macedonia's ljubco georgievski. this new-found camaraderie ended in a summit with the latter, organized by arben xhaferi (dzaferi), an influential albanian coalition partner in macedonia (and, many say, thaci's business partner in kosovo). georgievski, who did more for macedonia's regional integration and amicable relationships with its neighbours than all the previous governments of macedonia combined - did not hesitate to shake the hand of the political leader of an organization still decried by his own interior ministry as "terrorist". it was a gamble - bold and, in hindsight, farsighted - but still, a gamble. rugova himself was not accorded such an honour when he finally passed through macedonia, on his way to his demolished homeland. during the war, the kla absorbed new recruits from macedonia (many macedonian albanians died in battle in the fields of kosovo), from germany, switzerland, the usa, australia and some moslem countries. in other words, it was internationalized. it was equipped (though only niggardly) by the west. and it coped with the double task of diplomacy (thaci's famous televised discussions with madeleine albright, for instance) and political organization. it was engaged in field guerilla warfare and reconnaissance without the proper training for either. add to this tactical military co-ordination and the need to integrate a second, rugova and berisha sponsored armed forces of the republic of kosovo (fark) and the kla seems to have been taxed to its breaking point. cracks began to appear and it was downhill ever since. never before was such an enormous political capital wasted so thoroughly in so short a time by so few. one must not forget that victory was not assured until the last moment. the west's reluctance to commit ground troops to the escalating conflict - as mass expulsions cum sporadic massacres of the indigenous population by the serbs were taking place - was considered by many kla fighters to have been a violation of a "besa" (the sacred albanian vow) given to them by nato. opinions regarding the grand strategy of conducting the war differed strongly. the agreement with milosevic that ended the war did not mention any transition period at the end of which the kosovars will decide their fate in a referendum. it felt like betrayal. at the beginning, there was strong, grassroots resistance to disarmament. many kosovars felt that the advantage obtained should be pressed to the point of independence or at least, a transition period. then, when the dust settled, the spoils of war served to widen the rifts. internecine fighting erupted and is still afoot. the occasional murder served to delineate the territories of each commander and faction within the strained kla. everything was and is subject to fluid arrangements of power and profit sharing - from soft drink licences, through cigarette smuggling and weapons dealing and down to the allocation of funds (some of them still of dubious sources). the situation was further compounded by the invasion of criminal elements from albania proper. the kosovar crime clans were effected by the war (though their activities never really ceased) and into the vacuum gushed albanian organized and ruthless crime. but contrary to media-fostered popular images - crime was but one thread in the emerging tapestry of the new kosovo. other, no less critical issues were and are demilitarization and self-government. albanians and serbs have more in common than they care to admit. scattered among various political entities, both nations came up with a grandiose game plan - milosevic's "great serbia" and the kla's "great albania". the idea, in both cases, was to create an ethnically homogeneous state by shifting existing borders, incorporating hitherto excluded parts of the nation and excluding hitherto included minorities. whereas milosevic had at his disposal the might of the yugoslav army (or, so he thought) - the albanians had only impoverished and decomposing albania to back them. still, the emotional bond that formed, fostered by a common vision and shared hope - is intact. albanian flags fly over albanian municipalities in kosovo and in macedonia. the possession of weapons and self-government have always been emblematic of the anticipated statehood of kosovo. being disarmed and deprived of self-governance was, to the albanians, a humiliating and enraging experience, evocative of earlier, serb-inflicted, injuries. moreover, it was indicative of the perplexed muddle the west is mired in - officially, kosovo is part of yugoslavia. but it is also occupied by foreign forces and has its own customs, currency, bank licensing, entry visas and other insignia of sovereignty (shortly, even an internet domain, ko). this quandary is a typically anodyne european compromise which is bound to ferment into atrabilious discourse and worse. the kosovars - understandably - will never accept serb sovereignty or even serb propinquity willingly. ignoring the inevitable, tergiversating and equivocating have too often characterized the policies of the big powers - the kind of behaviour that turned the balkan into the morass that it is today. it is, therefore, inconceivable that the kla has disbanded and disarmed or transformed itself into the ill-conceived and ill- defined "kosovo protection corps" (headed by former kla commander and decorated croat lieutenant general, agim ceku and charged with fire fighting, rescue missions and the like). thousands of kla members found jobs (or scholarships, or seed money) through the international organization for migration (iom). but, in all likelihood, the kla still maintains clandestine arms depots (intermittently raided by kfor), strewn throughout kosovo and beyond. its chain of command, organizational structure, directorates, operational and assembly zones and general staff are all viable. i have no doubt - though little proof - that it still trains and prepares for war. it would be mad not to in this state of utter mayhem. the emergence of the "liberation army of presevo, medvedja and bujanovac" (all towns beyond kosovo's borders, in serbia, but with an albanian majority) is a harbinger. its soldiers even wear badges in the red, black and yellow kla colours. the enemies are numerous: the serbs (should kosovo ever be returned to them), nato and kfor (should they be charged with the task of reintegrating serbia), perhaps more moderate albanians with lesser national zeal or serb-collaborators (like zemail mustafi, the albanian vice president of the bujanovac branch of president slobodan milosevic's ruling socialist party, who was assassinated three months ago). moreover, the very borders of kosovo are in dispute. the territory known to its inhabitants as "eastern kosovo" now comprises , albanians, captives in a hostile serbia. yet, "eastern kosovo" was never part of the administrative province of kosovo. the war is far from over. in the meantime, life is gradually returning to normal in kosovo itself. former kla fighters engage in all manner of odd jobs - from shovelling snow in winter to burning bushes in summer. even the impossible joint administrative council (serbs, albanians and peacekeepers) with its departments, convenes from time to time. the periodic resignation of the overweening bernard kouchner aside, things are going well. a bank has been established, another one is on its way. electricity is being gradually restored and so are medical services and internet connections. downtown pristina is reconstructed by albanians from switzerland. such normalization can prove lethal to an organization like the kla, founded on strife and crisis as it is. if it does not transform itself into a political organization in a convincing manner - it might lose its members to the more alluring pastures of statecraft. the local and general elections so laboriously (and expensively) organized in kosovo are the kla's first real chance at transformation. it failed at its initial effort to establish a government (together with qosaj's democratic union movement, an umbrella organization of parties in opposition to rugova and with hashim thaci as its prime minister). overruled by unmik (united nations mission in kosovo), opposed by berisha's democratic party, recognized only by albania and the main albanian party in macedonia and bereft of finances, it was unable to imbue structure with content and provide the public goods a government is all about. the kla was so starved for cash that it was unable even to pay the salaries of its own personnel. many criminals caught in the act claimed to be kla members in dire financial straits. ineptitude and insolvency led to a dramatic resurgence in the popularity of the hitherto discarded rugova. the kla then failed to infiltrate existing structures of governance erected by the west (like the executive council) - or to duplicate them. thaci's quest to become deputy-kouchner was brusquely rebuffed. the ballot box seems now to be the kla's only exit strategy. the risk is that electoral loss will lead to alienation and thuggery if not to outright criminality. it is a fine balancing act between the virtuous ideals of democracy and the harsh constraints of realpolitik. at this stage and with elections looming, hashim thaci sounds conciliatory tones. he is talking about a common (albanian and serb) resolution of the division of mitrovica and the problem of missing persons. but even he knows that multi-ethnicity is dead and that the best that can be hoped for is tolerant co-existence. his words are, therefore, intended to curry favour with the west out of the misguided and naive belief that the key to kosovo's future lies there rather than in the will of the kosovar people. western aid is habit forming and creates dependence and the kla consumed a lot of it. politically, the kla has not yet pupated. recently, it has embarked on a spate of coalition-forming, initially with bardhyl mahmuti of the democratic progressive party of kosovo (ppdk) - the former kla representative in western europe. it seeks to marry its dwindling funds and seat at the west's banquet with the reputation and clout of the ppdk's local dignitaries. this coveted and negotiable access to western structures of government bears some elaboration. kosovar parties and individuals present at the rambouillet talks were entitled, according to the rambouillet agreement and un general resolution , to serve, together with unmik delegates, on a kosovo transitional council (ktc). thus, when ktc was formed in the wake of operation allied force, it was made of rugova's ldk, thaci's kla, and rexhep qosaj's (qosje) democratic union league. there was a token serb and two independents - the aforementioned veton surroi and blerim shala, editor-in-chief of the pristina weekly zeri. many newly-formed political parties, such as mahmuti's were left out of the ktc and the executive council (which is made of one representative of each of the four largest kosovar political parties plus four representatives from unmik). this - a seat at the cherished table - seems to be the only tangible asset of the kla. but it came at a dear price. the executive council virtually paralysed thaci's self-proclaimed and self-appointed government, absorbing many of its ministers and officials with lucrative offers of salaries and budgets. thaci himself had to give up a part of the plethora of his self-bestowed titles. this move again proves thaci's simplistic perception that to win elections in kosovo one needs to be seen to be a friend of the west. i have no doubt that this photo- opportunity brand of politics will backfire. the kla's popularity among the potential electorate is at a nadir and it is being accused of venality, incompetence and outright crime. a lasting transformation of such an image cannot be attained by terpsichorean supineness. to regain its position, the kla must regenerate itself and revert to its grassroots. it must dedicate equal time to diplomacy and to politics. it must identify its true constituency - and it is by no means unmik. above all, it must hone its skills of collaboration and compromise. politics - as opposed to warfare - are never a zero sum game. the operative principle is "live and let live" rather than "shoot first or die". a mental transformation is required, an adjustment of codes of conduct and principles of thought. should the kla find in itself the flexibility and intellectual resources - rare commodities in ideological movements - needed to achieve this transition, it might still compose the first government of an independent kosovo. if it were to remain intransigent and peevish - it is likely to end up being barely a bloody footnote in history. return narcissists, group behaviour, and terrorism interview with sam vaknin published in "the idler" sam vaknin is the author of 'malignant self love - narcissism revisited', owner of the narcissistic abuse study list, and webmaster of the narcissistic personality disorder topic in suite . he is also an economic and political analyst for united press international (upi). . what is pathological narcissism? all of us have narcissistic traits. some of us even develop a narcissistic personality. moreover, narcissism is a spectrum of behaviours - from the healthy to the utterly pathological (known as the narcissistic personality disorder, or npd). the dsm iv uses this language: "an all-pervasive pattern of grandiosity (in fantasy or behaviour), need for admiration or adulation and lack of empathy, usually beginning by early adulthood and present in various contexts." here are the criteria. having of these "qualifies" you as a narcissist... .	feels grandiose and self-importance (e.g., exaggerates achievements and talents to the point of lying, demands to be recognized as superior without commensurate achievements) .	is obsessed with fantasies of unlimited success, fame, fearsome power or omnipotence, unequalled brilliance (the cerebral narcissist), bodily beauty or sexual performance (the somatic narcissist), or ideal, everlasting, all-conquering love or passion .	firmly convinced that he or she is unique and, being special, can only be understood by, should only be treated by, or associate with, other special or unique, or high-status people (or institutions) .	requires excessive admiration, adulation, attention and affirmation - or, failing that, wishes to be feared and to be notorious (narcissistic supply). .	feels entitled. expects unreasonable or special and favourable priority treatment. demands automatic and full compliance with his or her expectations .	is "interpersonally exploitative", i.e., uses others to achieve his or her own ends .	devoid of empathy. is unable or unwilling to identify with or acknowledge the feelings and needs of others .	constantly envious of others or believes that they feel the same about him or her .	arrogant, haughty behaviours or attitudes coupled with rage when frustrated, contradicted, or confronted. the language in the criteria above is based on or summarized from: american psychiatric association. ( ). diagnostic and statistical manual of mental disorders, fourth edition (dsm iv). washington, dc: american psychiatric association. sam vaknin. ( , ). malignant self love - narcissism revisited, second, revised printing prague and skopje: narcissus publications. ("malignant self love - narcissism revisited" http://samvak.tripod.com/faq .html) more data about pathological narcissists o	most narcissists ( %) are men. o	npd (=the narcissistic personality disorder) is one of a "family" of personality disorders (formerly known as "cluster b"). other members: borderline pd, antisocial pd and histrionic pd. o	npd is often diagnosed with other mental health disorders ("co- morbidity") - or with substance abuse, or impulsive and reckless behaviours ("dual diagnosis"). o	npd is new ( ) mental health category in the diagnostic and statistics manual (dsm). o	there is only scant research regarding narcissism. but what there is has not demonstrated any ethnic, social, cultural, economic, genetic, or professional predilection to npd. o	it is estimated that . - % of the general population suffer from npd. o	pathological narcissism was first described in detail by freud. other major contributors are: klein, horney, kohut, kernberg, millon, roningstam, gunderson, hare. o	the onset of narcissism is in infancy, childhood and early adolescence. it is commonly attributed to childhood abuse and trauma inflicted by parents, authority figures, or even peers. o	there is a whole range of narcissistic reactions - from the mild, reactive and transient to the permanent personality disorder. o	narcissists are either "cerebral" (derive their narcissistic supply from their intelligence or academic achievements) - or "somatic" (derive their narcissistic supply from their physique, exercise, physical or sexual prowess and "conquests"). o	narcissists are either "classic" - see definition below - or they are "compensatory", or "inverted" - see definitions here: "the inverted narcissist". o	npd is treated in talk therapy (psychodynamic or cognitive- behavioural). the prognosis for an adult narcissist is poor, though his adaptation to life and to others can improve with treatment. medication is applied to side-effects and behaviours (such as mood or affect disorders and obsession-compulsion) - usually with some success. . human collectives (nations, professions, ethnic groups) and narcissism - stereotyping or racism? having lived in countries in continents now, i firmly believe in "mass psychopathology", or in ethnopsychology. the members of a group - if sufficiently cohesive - tend to react similarly to circumstances. by "cohesive" i mean, if they share the same mental world ("weltanschauung") - possibly the same history, the same language or dialect, the same hopes, folklore, fears, and aspirations ("agenda"), the same enemies and so on. thus, if recurrently traumatized or abused by external or internal forces, a group of people may develop the mass equivalent of pathological narcissism as a defence or compensatory mechanism. by "abuse" and "trauma" i mean any event, or series of events, or circumstances, which threaten the self identity, self image, sense of self worth, and self esteem of the collective consistently and constantly - though often arbitrarily and unpredictably. human collectives go through formation, individuation, separation - all the phases in individual psychological development. a disturbance in the natural and unhindered progression of these phases is likely to result in psychopathology of all the members of the collective. being subjugated to another nation, being exiled, enduring genocide, being destitute, being defeated in warfare - are all traumatic experiences with far reaching consequences. the members of the collective form a "condensate" (in physical terms) - a material in which all the atoms vibrate with the same frequency. under normal circumstances, group behaviour resembles diffuse light. subject to trauma and abuse - it forms a malignant laser - a strong, same wavelength, potentially destructive beam. the group becomes abusive to others, exploitative, detached from reality, bathed in grandiose fantasies, xenophobic, lacking empathy, prone to uncontrolled rages, over-sensitive, convinced of its superiority and entitlement. force and coercion are often required to disabuse such a group of its delusions. but, this of course, only cements its narcissism and justifies its distorted perception of the world. consider the case of the jews. the jews have been subjected to the kind of trauma and abuse i mentioned earlier on an unprecedented and never repeated scale. their formal scriptures, lore, and ethos are imbued with grandiose fantasies and a towering sense of superiority and "mission". yet, the inevitable contempt for their inferiors is tampered by the all- pervasive pragmatism the jews had to develop in order to survive. narcissists are not pragmatic. they live in a universe of their own making. they see no need to get along with others. jews are not like that. their creed is a practical survival guide which obliges them to accommodate others, to empathize with their needs and desires, to compromise, to admit errors, to share credit, to collaborate, and so on. israelis, on the other hand, are "unshackled" jews. they believe themselves to be the mirror image of the diaspora jew. they are physical ("somatic"), strong, productive, independent, in control. they, in short, are less bound by the need to perilously co-exist with baleful, predatory, majorities. they can allow themselves a full, unmitigated, expression of whatever defence mechanisms they evolved in response to millennia of virulent hatred and murderous persecutions. being an israeli, i gained privileged insight into this fascinating transformation from tortured slave to vengeful master. . narcissism and leadership are all politicians narcissists? the answer, surprisingly, is: not universally. the preponderance of narcissistic traits and personalities in politics is much less than in show business, for instance. moreover, while show business is concerned essentially (and almost exclusively) with the securing of narcissistic supply - politics is a much more complex and multi-faceted activity. rather, it is a spectrum. at the one end, we find the "actors" - politicians who regard politics as their venue and their conduit, an extended theatre with their constituency as an audience. at the other extreme, we find self-effacing and schizoid (crowd-hating) technocrats. most politicians are in the middle: somewhat self- enamoured, opportunistic and seeking modest doses of narcissistic supply - but mostly concerned with perks, self-preservation and the exercise of power. most narcissists are opportunistic and ruthless operators. but not all opportunistic and ruthless operators are narcissists. i am strongly opposed to remote diagnosis. i think it is a bad habit, exercised by charlatans and dilettantes (even if their names are followed by a psy.d.). please do not forget that only a qualified mental health diagnostician can determine whether someone suffers from npd and this, following lengthy tests and personal interviews. if the politician in question is also a narcissist (=suffers from npd), then, yes, he would do anything and everything to remain in power, or, while, in power, to secure his narcissistic supply. a common error is to think that "narcissistic supply" consists only of admiration, adulation and positive feedback. actually, being feared, or derided is also narcissistic supply. the main element is attention. so, the narcissistic politician cultivates sources of narcissistic supply (both primary and secondary) and refrains from nothing while doing so. often, politicians are nothing but a loyal reflection of their milieu, their culture, their society and their times (zeitgeist and leitkultur). this is the thesis of daniel goldhagen in "hitler's willing executioners". more about narcissists in positions of authority: http://samvak.tripod.com/faq .html http://samvak.tripod.com/msla .html . political and economic circumstances and emerging narcissistic group behaviours pathological narcissism is the result of individual upbringing (see: "the narcissist's mother" and "narcissists and schizoids" ) and, in this sense, it is universal and cuts across time and space. yet, the very process of socialization and education is heavily constrained by the prevailing culture and influenced by it. thus, culture, mores, history, myths, ethos, and even government policy (such as the "one child policy" in china) do create the conditions for pathologies of the personality. the ethnopsychologist george devereux ("basic problems of ethnopsychiatry", university of chicago press, ) suggested to divide the unconscious into the id (the part that was always instinctual and unconscious) and the "ethnic unconscious" (repressed material that was once conscious). the latter includes all our defence mechanisms and most of the superego. culture dictates what is to be repressed. mental illness is either idiosyncratic (cultural directives are not followed and the individual is unique and schizophrenic) - or conformist, abiding by the cultural dictates of what is allowed and disallowed. our culture, according to christopher lasch teaches us to withdraw into ourselves when we are confronted with stressful situations. it is a vicious circle. one of the main stressors of modern society is alienation and a pervasive sense of isolation. the solution our culture offers us - to further withdraw - only exacerbates the problem. richard sennett expounded on this theme in "the fall of public man: on the social psychology of capitalism" (vintage books, ). one of the chapters in devereux's aforementioned tome is entitled "schizophrenia: an ethnic psychosis, or schizophrenia without tears". to him, the whole usa is afflicted by what came later to be called a "schizoid disorder". c. fred alford (in "narcissism: socrates, the frankfurt school, and psychoanalytic theory", yale university press, ) enumerates the symptoms: "...withdrawal, emotional aloofness, hyporeactivity (emotional flatness), sex without emotional involvement, segmentation and partial involvement (lack of interest and commitment to things outside oneself), fixation on oral- stage issues, regression, infantilism and depersonalization. these, of course, are many of the same designations that lasch employs to describe the culture of narcissism. thus, it appears, that it is not misleading to equate narcissism with schizoid disorder." (page ). consider the balkan region, for instance: http://samvak.tripod.com/pp .html http://samvak.tripod.com/pp .html . christopher lasch, american "culture of narcissism" and the long term effects of the september atrocities lasch and his work are increasingly relevant in post september america. this is partly because the likes of bin laden hurl at america primitive and coarse versions of lasch's critique. they accuse america of being a failed civilization, not merely of meddling ignorantly and sacriligeously in the affairs of islam (and the rest of the world). they fervently believe that america exports this contagious failure to other cultures and societies (through its idolatrous mass media and inferior culture industries) and thus "infects" them with the virus of its own terminal decline. it is important to understand the left wing roots of this cancerous rendition of social criticism. lasch wrote: "the new narcissist is haunted not by guilt but by anxiety. he seeks not to inflict his own certainties on others but to find a meaning in life. liberated from the superstitions of the past, he doubts even the reality of his own existence. superficially relaxed and tolerant, he finds little use for dogmas of racial and ethnic purity but at the same time forfeits the security of group loyalties and regards everyone as a rival for the favors conferred by a paternalistic state. his sexual attitudes are permissive rather than puritanical, even though his emancipation from ancient taboos brings him no sexual peace. fiercely competitive in his demand for approval and acclaim, he distrusts competition because he associates it unconsciously with an unbridled urge to destroy. hence he repudiates the competitive ideologies that flourished at an earlier stage of capitalist development and distrusts even their limited expression in sports and games. he extols cooperation and teamwork while harboring deeply antisocial impulses. he praises respect for rules and regulations in the secret belief that they do not apply to himself. acquisitive in the sense that his cravings have no limits, he does not accumulate goods and provisions against the future, in the manner of the acquisitive individualist of nineteenth-century political economy, but demands immediate gratification and lives in a state of restless, perpetually unsatisfied desire." (christopher lasch - the culture of narcissism: american life in an age of diminishing expectations, ) there is no single lasch. this chronicler of culture, did so mainly by chronicling his inner turmoil, conflicting ideas and ideologies, emotional upheavals, and intellectual vicissitudes. in this sense, of (courageous) self-documentation, mr. lasch epitomized narcissism, was the quintessential narcissist, the better positioned to criticize the phenomenon. "narcissism" is a relatively well-defined psychological term. i expound upon it elsewhere ("malignant self love - narcissism re- visited"). the narcissistic personality disorder - the acute form of pathological narcissism - is the name given to a group of symptoms (see: dsm- ). they include: a grandiose self (illusions of grandeur coupled with an inflated, unrealistic sense of the self), inability to empathize with the other, the tendency to exploit and manipulate others, idealization of other people (in cycles of idealization and devaluation), rage attacks and so on. narcissism, therefore, has a clear clinical definition, etiology and prognosis. the use that lasch makes of this word has nothing to do with its usage in psychopathology. true, lasch did his best to sound "medicinal". he spoke of "(national) malaise" and accused the american society of lack of self-awareness. but choice of words does not a coherence make. "the culture of narcissism - american life in an age of diminishing expectations" was published in the last year of the unhappy presidency of jimmy carter ( ). the latter endorsed the book publicly (in his famous "national malaise" speech). the main thesis of the book is that the americans have created a self-absorbed (though not self aware), greedy and frivolous society which depended on consumerism, demographic studies, opinion polls and government to know and to define itself. what is the solution? lasch proposed a "return to basics": self-reliance, the family, nature, the community, and the protestant work ethic. to those who adhere, he promised an elimination of their feelings of alienation and despair. but the clinical term "narcissism" was abused by lasch in his books. it joined other words mistreated by this social preacher. the respect that this man gained in his lifetime (as a social scientist and historian of culture) makes one wonder whether he was right in criticizing the shallowness and lack of intellectual rigor of american society and of its elites. there is a detailed analysis here, in a reaction i wrote to roger kimball's "christopher lasch vs. the elites""new criterion", vol. , p. ( - - ): http://samvak.tripod.com/lasch.html . are all terrorists and serial killers narcissists? terrorists can be phenomenologically described as narcissists in a constant state of deficient narcissistic supply. the "grandiosity gap" - the painful and narcissistically injurious gap between their grandiose fantasies and their dreary and humiliating reality - becomes emotionally insupportable. they decompensate and act out. they bring "down to their level" (by destroying it) the object of their pathological envy, the cause of their seething frustration, the symbol of their dull achievements, always incommensurate with their inflated self-image. they seek omnipotence through murder, control (not least self control) through violence, prestige, fame and celebrity by defying figures of authorities, challenging them, and humbling them. unbeknownst to them, they seek self punishment. they are at heart suicidal. they aim to cast themselves as victims by forcing others to punish them. this is called "projective identification". they attribute evil and corruption to their enemies and foes. these forms of paranoia are called projection and splitting. these are all primitive, infantile, and often persecutory, defense mechanisms. when coupled with narcissism - the inability to empathize, the exploitativeness, the sense of entitlement, the rages, the dehumanization and devaluation of others - this mindset yields abysmal contempt. the overriding emotion of terrorists and serial killers, the amalgam and culmination of their tortured psyche - is deep seated disdain for everything human, the flip side of envy. it is cognitive dissonance gone amok. on the one hand the terrorist derides as "false", "meaningless", "dangerous", and "corrupt" common values, institutions, human intercourse, and society. on the other hand, he devotes his entire life (and often risks it) to the elimination and pulverization of these "insignificant" entities. to justify this apparent contradiction, the terrorists casts himself as an altruistic saviour of a group of people "endangered" by his foes. he is always self-appointed and self-proclaimed, rarely elected. the serial killer rationalizes and intellectualizes his murders similarly, by purporting to "liberate" or "deliver" his victims from a fate worse than death. the global reach, the secrecy, the impotence and growing panic of his victims, of the public, and of his pursuers, the damage he wreaks - all serve as external ego functions. the terrorist and serial killer regulate their sense of self esteem and self worth by feeding slavishly on the reactions to their heinous deeds. their cosmic significance is daily enhanced by newspaper headlines, ever increasing bounties, admiring imitators, successful acts of blackmail, the strength and size of their opponents, and the devastation of human life and property. appeasement works only to aggravate their drives and strengthen their appetites by emboldening them and by raising the threshold of excitation and "narcissistic supply". terrorists and killers are addicted to this drug of being acknowledged and reflected. they derive their sense of existence, parasitically, from the reactions of their (often captive) audience. appendix - responses in a correspondence following the publication of this interview zionism has always regarded itself as both a ( th century) national movement and a (colonial) civilizing force: see - herzl's butlers - http://samvak.tripod.com/pp .html the holocaust was a massive trauma not because of its dimensions - but because germans, the epitome of western civilization, have turned on the jews, the self-proclaimed missionaries of western civilization in the levant and arabia. it was the betrayal that mattered. rejected by east (as colonial stooges) and west (as agents of racial contamination) alike - the jews resorted to a series of narcissistic defences reified by the state of israel. the long term occupation of territories (metaphorical or physical) is a classic narcissistic trait (of "annexation" of the other). the six days war was a war of self defence - but the swift victory only exacerbated the narcissistic defences. mastery over the palestinians became an important component in the psychological makeup of the nation (especially the more rightwing and religious elements) because it constitutes "narcissistic supply". bin laden (and by extension islamic fundamentalism) is the narcissistic complement of the state of israel. his narcissistic defences are fuelled by unrequited humiliation (millon's "compensatory narcissism"). the humiliation is the outcome of a grandiosity gap between reality and grandiose fantasies, between actual inferiority and a delusional sense of superiority (and cosmic mission), between his sense of entitlement and his incommensurate achievements, skills, and accomplishments. when narcissists are faced with the disintegration of their narcissistic "infrastructure" (their false self) - they decompensate. i have outlined the possible psychodynamic reactions here: http://www.suite .com/article.cfm/npd/ narcissism is always concomitant with the "civilizing" components of colonialism ("white man's burden") - though not with the mercantilist elements. "pathological narcissism is a well defined (and phenomenological) mental health theoretical construct. no doubt, narcissists engage in anti-other discourse and other virulent and pernicious narratives. but the existence of such a discourse is not a determinant of pathological narcissism - merely its manifestation. what gives rise to the grandiosity gap is socio- economic reality. the gap is between the real and the ideal, between the actual and the (self- delusional and fantasized. socio-economic factors breed narcissistic injury and narcissistic rage. return the crescent and the cross introduction "there are two maxims for historians which so harmonise with what i know of history that i would like to claim them as my own, though they really belong to nineteenth-century historiography: first, that governments try to press upon the historian the key to all the drawers but one, and are anxious to spread the belief that this single one contains no secret of importance; secondly, that if the historian can only find the thing which the government does not want him to know, he will lay his hand upon something that is likely to be significant." herbert butterfield, "history and human relations", london, , p. the balkans as a region is a relatively novel way of looking at the discrete nation-states that emerged from the carcasses of the ottoman and habsburg empires and fought over their spoils. this sempiternal fight is a determinant of balkan identity. the nations of the balkan are defined more by ornery opposition than by cohesive identities. they derive sustenance and political-historical coherence from conflict. it is their afflatus. the more complex the axes of self-definition, the more multifaceted and intractable the conflicts. rabid nationalism against utopian regionalism, fascism (really, opportunism) versus liberalism, religion-tinted traditionalism (the local moribund edition of conservatism) versus "western" modernity. who wins is of crucial importance to world peace. the balkan is a relatively new political entity. formerly divided between the decrepit ottoman empire and the imploding austro- hungarian one - the countries of the balkans emerged as unique polities only during the th century. this was to be expected as a wave of nationalism swept europe and led to the formation of the modern, bureaucratic state as we know it. even so, the discrete entities that struggled to the surface of statehood did not feel that they shared a regional destiny or identity. all they did was fight ferociously, ruthlessly and mercilessly over the corrupted remnants of the sick men of europe (the above mentioned two residual empires). in this, they proved themselves to be the proper heirs of their former masters: murderous, suborned, byzantine and nearsighted. in an effort to justify their misdeeds and deeds, the various nations - true and concocted - conjured up histories, languages, cultures and documents, some real, mostly false. they staked claims to the same territories, donned common heritage where there was none, spoke languages artificially constructed and lauded a culture hastily assembled by "historians" and "philologists". these were the roots of the great evil - the overlapping claims, the resulting intolerance, the mortal, existential fear stoked by the kaleidoscopic conduct of the big powers. to recognize the existence of the macedonian identity - was to threaten the greek or bulgarian ones. to accept the antiquity of the albanians was to dismantle macedonia, serbia and greece. to countenance bulgarian demands was to inhumanly penalize its turk citizens. it was a zero-sum game played viciously by everyone involved. the prize was mere existence - the losers annihilated. it very nearly came to that during the two balkan wars of and . allies shifted their allegiance in accordance with the shifting fortunes of a most bewildering battlefield. when the dust settled, two treaties later, macedonia was dismembered by its neighbours, bulgaria bitterly contemplated the sour fruits of its delusional aggression and serbia and austro-hungary rejoiced. thus were the seeds of world war i sown. the yugoslav war of succession (or civil war) was a continuation of this mayhem by other means. yugoslavia was born in sin, in the dictatorship of king alexander i (later slain in france in ). it faced agitation, separatism and discontent from its inception. it was falling apart when the second world conflagration erupted. it took a second dictatorship - tito's - to hold it together for another years. the balkan as a whole - from hungary, through romania and down to bulgaria - was prone to authoritarianism and an atavistic, bloody form of racist, "peasant or native fascism". a primitive region of destitute farmers and vile politicians, it was exposed to world gaze by the collapse of communism. there are encouraging signs of awakening, of change and adaptation. there are dark omens of reactionary forces, of violence and wrath. it is a battle fought in the unconscious of humanity itself. it is a tug of war between memories and primordial drives repressed and the vitality of those still close to nature. the outcome of this fight is crucial to the world. both world wars started in central eastern and south-eastern europe. globalization is no guarantee against a third one. the world was more globalized than it is today at the beginning of the century - but it took only one shot in sarajevo to make this the most sanguineous century of all. an added problem is the simple-mindedness, abrasiveness and sheer historical ignorance of america, the current superpower. a nation of soundbites and black or white stereotypes, it is ill-suited to deal with the nuanced, multilayered and interactive mayhem that is the balkan. a mentality of western movies - good guys, bad guys, shoot'em up - is hardly conducive to a balkan resolution. the intricate and drawn out process required taxes american impatience and bullying tendencies to their explosive limits. in the camp of the good guys, the anglo-saxons place romania, greece, montenegro and slovenia (with macedonia, croatia, albania and bulgaria wandering in and out). serbia is the epitome of evil. milosevic is hitler. such uni-dimensional thinking sends a frisson of rubicund belligerence down american spines. it tends to ignore reality, though. montenegro is playing the liberal card deftly, no doubt - but it is also a haven of smuggling and worse. slovenia is the civilized facade that it so tediously presents to the world - but it also happened to have harboured one of the vilest fascist movements, comparable to the ustasha - the domobranci. it shares with croatia the narcissistic grandiose fantasy that it is not a part of the balkan - but rather an outpost of europe - and the disdain for its impoverished neighbours that comes with it. in this sense, it is more "balkanian" than many of them. greece is now an economically stable and mildly democratic country - but it used to be a dictatorship and it still is a banana republic in more than one respect. the albanians - ferociously suppressed by the serbs and (justly) succoured by the west - are industrious and shrewd people. but - fervent protestations to the contrary aside - they do seem to be intent on dismantling and recombining both yugoslavia (serbia) and macedonia, perhaps at a terrible cost to all involved. together with the turks, the serbs and the bulgarians, the albanians are the undisputed crime lords of the balkan (and beyond - witness their incarceration rates in switzerland). this is the balkan - a florilegium of contradictions within contraventions, the mawkish and the jaded, the charitable and the deleterious, the feckless and the bumptious, evanescent and exotic, a mystery wrapped in an enigma. in this article, i will attempt to study two axes of friction: islam versus christianity and fascism and nationalism versus liberalism. it is hard to do justice to these topics in the procrustean bed of weekly columns - i, therefore, beg the forgiveness of scholars and the understanding of frustrated readers. a first encounter "in accordance with this [right to act], whenever some one of the infidel parents or some other should oppose the giving up of his son for the janiccaries, he is immediately hanged from his doorsill, his blood being deemed unworthy." turkish firman, "...the turks have built several fortresses in my kingdom and are very kind to the country folk. they promise freedom to every peasant who converts to islam." bosnian king stefan tomasevic to pope pius ii "...the porte treated him (the patriarch) as part of the ottoman political apparatus. as a result, he had certain legally protected privileges. the patriarch travelled in 'great splendour' and police protection was provided by the janiccaries. his horse and saddle were fittingly embroidered, and at the saddle hung a small sword as a symbol of the powers bestowed on him by the sultan." dusan kasic, "the serbian church under the turks", belgrade, within the space of years, southeast europe has undergone two paradigmatic shifts. first, from christian independence to islamic subjugation (a gradual process which consumed two centuries) and then, in the th century, from self-determination through religious affiliation to nationalism. the christians of the balkan were easy prey. they were dispirited peasantry, fragmented, prone to internecine backstabbing and oppressive regimes. the new ottoman rulers treated both people and land as their property. they enslaved some of their prisoners of war (under the infamous "pencik" clause), exiled thousands and confiscated their lands and liquidated the secular political elites in thrace, bulgaria, serbia and albania. the resulting vacuum of leadership was filled by the church. thus, paradoxically, it was islam and its excesses that made the church the undisputed shepherd of the peoples of the balkan, a position it did not enjoy before. the new rulers did not encourage conversions to their faith for fear of reducing their tax base - non-moslem "zimmis" (the qur'an's "people of the book") paid special (and heavy) taxes to the treasury and often had to bribe corrupt officials to survive. still, compared to other ottoman exploits (in anatolia, for instance), the conquest of the balkan was a benign affair. cities remained intact, the lands were not depopulated and the indiscriminately ferocious nomadic tribesmen that usually accompanied the turkish forces largely stayed at home. the ottoman bureaucracy took over most aspects of daily life soon after the military victories, bringing with it the leaden stability that was its hallmark. indeed, populations were dislocated and re-settled as a matter of policy called "sorgun". yet such measures were intended mainly to quell plangent rebelliousness and were applied mainly to the urban minority (for instance, in constantinople). the church was an accomplice of the turkish occupiers. it was a part of the ottoman system of governance and enjoyed both its protection and its funding. it was leveraged by the turk sultans in their quest to pacify their subjects. mehmet ii bestowed upon the greek orthodox patriarchate, its bishops and clergy great powers. the trade off was made explicit in mehmet's edicts: the church accepted the earthly sovereignty of the sultan - and he, in turn, granted them tolerance, protection and even friendship. the ottoman religious-legal code, the seriat, recognized the christian's right to form their own religiously self-governing communities. these communities were not confined to the orderly provision of worship services. they managed communal property as well. mehmet's benevolence towards the indigents was so legendary that people wrongly attributed to him the official declaration of a "millet i rum" (roman, or greek, nation) and the appointment of gennadios as patriarch of the orthodox church (which only an episcopal synod could do). the ottoman empire was an amazing hybrid. as opposed to popular opinion it was not a religious entity. the ruling elite included members of all religions. thus, one could find christian "askeri " (military or civil officials) and muslim "reaya" ("flock" of taxpayers). it is true that christians paid the arbitrarily set "harac" (or, less commonly, "cizye") in lieu of military service. even the clergy were not exempt (they even assisted in tax collection). but both christians and muslims paid the land tax, for instance. and, as the fairness, transparency and predictability of the local taxmen deteriorated - both muslims and christians complained. the main problem of the ottoman empire was devolution - not centralization. local governors and tax collectors had too much power and the sultan was too remote and disinterested or too weak and ineffective. the population tried to get istanbul more involved - not less so. the population was financially fleeced as much by the orthodox church as it was by the sultan. a special church-tax was levied on the christian reaya and its proceeds served to secure the lavish lifestyles of the bishops and the patriarch. in true mob style, church functionaries divided the loot with ottoman officials in an arrangement known as "peskes". foreign powers contributed to the war chests of various candidates, thus mobilizing them to support pro- catholic or pro-protestant political stances and demands. the church was a thoroughly corrupt, usurious and politicized body which contributed greatly to the ever increasing misery of its flock. it was a collaborator in the worst sense of the word. but the behaviour of the church was one part of the common betrayal by the elite of the balkan lands. christian landowners volunteered to serve in the ottoman cavalry ("sipahis") in order to preserve their ownership. the ottoman rulers conveniently ignored the laws prohibiting "zimmis" to carry weapons. until , the "sipahis" constituted the bulk of the ottoman forces in the balkan and their mass conversion to islam was a natural continuation of their complicity. other christians guarded bridges or mountain passes for a tax exemption ("derbentci"). local, turkish-trained militias ("armatoles") fought mountain-based robber gangs (serbian "hayduks", bulgarian "haiduts", greek "klephts"). the robbers attacked turkish caravans with the same frequency and zeal that they sacked christian settlements. the "armatoles" resisted them by day and joined them by night. but it was perfectly acceptable to join turkish initiatives such as this. the balkan remained overwhelmingly christian throughout the ottoman period. muslim life was an urban phenomenon both for reasons of safety and because only the cities provided basic amenities. even in the cities, though, the communities lived segregated in "mahalles" (quarters). everyone collaborated in public life but the "mahalles" were self-sufficient affairs with the gamut of services - from hot baths to prayer services - available "in-quarter". gradually, the major cities, situated along the trade routes, became moslem. skopje, sarajevo and sofia all had sizeable moslem minorities. thus, at the beginning of the sixteenth century, the picture that emerges is one of an uneasy co-habitation in the cities and a christian rural landscape. the elites of the balkan - church, noblemen, warriors - all defected and collaborated with the former "enemy". the local populace was the victim of usurious taxes, coercively applied. the central administration shared the loot with its local representatives and with the indigenous elites - the church and the feudal landed gentry. it was a cosy and pragmatic arrangement that lasted for centuries. yet, the seeds of ottoman bestiality and future rebellion were sown from the very inception of this empire-extending conquest. the "devsirme" tax was an example of the fragility of the turkish veneer of humanity and enlightened rule. christian sons were kidnapped, forcibly converted to islam and trained as fighters in the fearsome janiccary corps (the palace guards). they were never to see their families and friends again. exemptions from this barbarous practice were offered only to select communities which somehow contributed to ottoman rule in the balkan. christian women were often abducted by local ottoman dignitaries. and the custom of the "kepin", allowed moslems to "buy" a christian daughter off her husband on a "temporary" basis. the results of such a union were raised as moslems. and then there were the mass conversions of christians to islam. these conversions were very rarely the results of coercion or barbarous conduct. on the contrary, by shrinking the tax base and the recruitment pool, conversion were unwelcome and closely scrutinized by the turks. but to convert was such an advantageous and appealing act that the movement bordered on mass hysteria. landowners converted to preserve their title to the land. "sipahis" converted to advance in the ranks of the military. christian officials converted to maintain their officialdom. ordinary folk converted to avoid onerous taxes. christian traders converted to islam to be able to testify in court in case of commercial litigation. converted moslems were allowed to speak arabic or their own language, rather than the cumbersome and elaborate formal turkish. christians willingly traded eternal salvation for earthly benefits. and, of course, death awaited those who recanted (like the orthodox "new martyrs", who discovered their christian origins, having been raised as moslems). perhaps this was because, in large swathes of the balkan, christianity never really took hold. it was adopted by the peasant as a folk religion - as was islam later. in bosnia, for instance, muslims and christians were virtually indistinguishable. they prayed in each other's shrines, celebrated each other's holidays and adopted the same customs. muslim mysticism (the sufi orders) appealed to many sophisticated urban christians. heretic cults (like the bogomils) converted en masse. intermarriage flourished, mainly between muslim men (who could not afford the dowry payable to a muslim woman) and christian women (who had to pay a dowry to her muslim husband's family). marrying a christian woman was a lucrative business proposition. and, then, of course, there was the moslem birth rate. with four women and a pecuniary preference for large families - moslem out- bred christians at all times. this trend is most pronounced today but it was always a prominent demographic fact. but the success of islam to conquer the balkan, rule it, convert its population and prevail in it - had to do more with the fatal flaws of balkan christianity than with the appeal and resilience of islam and its ottoman rendition. in the next chapter i will attempt to ponder the complex interaction between catholicism and orthodox christianity as it was manifested in croatia and bosnia, the border lands between the habsburg and the ottoman empires and between "rome" and "byzantium". i will then explore the variance in the ottoman attitudes towards various christian communities and the reasons underlying this diversity of treatment modalities. the communities of god "from the beginning, people of different languages and religions were permitted to live in christian lands and cities, namely jews, armenians, ismaelites, agarenes and others such as these, except that they do not mix with christians, but rather live separately. for this reason, places have been designated for these according to ethnic group, either within the city or without, so that they may be restricted to these and not extend their dwelling beyond them." bishop demetrios khomatianos of ohrid, late th century and early th century ad "the latins still have not been anathematized, nor has a great ecumenical council acted against them....and even to this day this continues, although it is said that they still wait for the repentance of the great roman church." "...do not overlook us, singing with deaf ears, but give us your understanding, according to sacred precepts, as you yourself inspired the apostles....you see, lord, the battle of many years of your churches. grant us humility, quiet the storm, so that we may know in each other your mercy, and we may not forget before the end the mystery of your love....may we coexist in unity with each other, and become wise also, so that we may live in you and in your eternal creator the father and in his only-begotten word. you are life, love, peace, truth, and sanctity...." east european studies occasional paper, number , "christianity and islam in southeastern europe - slavic orthodox attitudes toward other religions", eve levin, january "...you faced the serpent and the enemy of god's churches, having judged that it would have been unbearable for your heart to see the christians of your fatherland overwhelmed by the moslems (izmailteni); if you could not accomplish this, you would leave the glory of your kingdom on earth to perish, and having become purple with your blood, you would join the soldiers of the heavenly kingdom. in this way, your two wishes were fulfilled. you killed the serpent, and you received from god the wreath of martyrdom." mateja matejic and dragan milivojevic, "an anthology of medieval serbian literature in english", columbus, ohio: slavica, any effort to understand the modern quagmire that is the balkan must address religion and religious animosities and grievances. yet, the surprising conclusion of such a study is bound to be that the role of inter-faith hatred and conflict has been greatly exaggerated. the balkan was characterized more by religious tolerance than by religious persecution. it was a model of successful co-habitation and co-existence even of the bitterest enemies of the most disparate backgrounds. only the rise of the modern nation-state exacerbated long-standing and hitherto dormant tensions. actually, the modern state was established on a foundation of artificially fanned antagonism and xenophobia. religions in the balkan were never monolithic enterprises. competing influences, paranoia, xenophobia and adverse circumstances all conspired to fracture the religious landscape. thus, for instance, though officially owing allegiance to the patriarch in constantinople and the orthodox "oikumene", both serb and bulgarian churches collaborated with the rulers of the day against perceived byzantine (greek and russian) political encroachment in religious guise. the southern slav churches rejected both the theology and the secular teachings of the "hellenics" and the "romanians" (romans). in turn, the greek church held the slav church in disregard and treated the peasants of macedonia, serbia, bulgaria and albania to savage rounds of tax collection. the orthodox, as have all religions, berated other confessions and denominations. but orthodoxy was always benign - no "jihad", no bloodshed, no forced conversions and no mass expulsions - perhaps with the exception of the forcible treatment of the bogomils. it was all about power and money, of course. bishops and archbishops did not hesitate to co-opt the ottoman administration against their adversaries. they had their rivals arrested by the turks or ex- communicated them. such squabbles were common. but they never amounted to more than a balkanian comedia del-arte. even the jews - persecuted all over western europe - were tolerated and attained prominence and influence in the balkan. one bulgarian tsar divorced his wife to marry a jewess. southern orthodox christianity (as opposed to the virulent and vituperative byzantine species) has always been pragmatic. the minorities (jews, armenians, vlachs) were the economic and financial backbone of their societies. and the balkan was always a hodge-podge of ethnicities, cultures and religions. shifting political fortunes ensured a policy of "hedging one's bets". the two great competitors of orthodox christianity in the tight market of souls were catholicism and islam. the former co-sponsored with the orthodox church the educational efforts of cyril and methodius. even before the traumatic schism of , catholics and nascent orthodox were battling over (lucrative) religious turf in bulgaria. the schism was a telling affair. ostensibly, it revolved around obscure theological issues (who begat the holy spirit - the father alone or jointly with the son as well as which type of bread should be used in the eucharist). but really it was a clash of authorities and interests - the pope versus the patriarch of constantinople, the romans versus the greeks and slavs. matters of jurisdiction coalesced with political meddling in a confluence of ill-will that has simmered for at least two centuries. the southern (slav) orthodox churches contributed to the debate and supported the greek position. sects such as the hesychasts were more byzantine than the greeks and denounced wavering orthodox clergy. many a south orthodox pilloried the catholic stance as an heresy of armenian or apollinarian or arian origin - thus displaying their ignorance of the subtler points of the theological debate. they also got wrong the greek argumentation regarding the bread of the eucharist and the history of the schism. but zeal compensated for ignorance, as is often the case in the balkan. what started as a debate - however fervent - about abstract theology became an all out argument about derided customs and ceremonies. diet, dates and divine practices all starred in these grotesque exchanges. the latin ate unclean beasts. they used five fingers to cross themselves. they did not sing hallelujah. they allowed the consumption of dairy products in lent. the list was long and preposterous. the parties were spoiling for a fight. as is so often the case in this accursed swathe of the earth, identity and delusional superiority were secured through opposition and self- worth was attained through defiance. by relegating them to the role of malevolent heretics, the orthodox made the sins of the catholics unforgivable, their behaviour inexcusable, their fate sealed. at the beginning, the attacks were directed at the "latins" - foreigners from germany and france. local catholics were somehow dissociated and absolved from the diabolical attributes of their fellow-believers abroad. they used the same calendar as the orthodox (except for lent) and similarly prayed in church slavonic. the only visible difference was the recognition of papal authority by the catholics. catholicism presented a coherent and veteran alternative to orthodoxy's inchoate teachings. secular authorities were ambiguous about how to treat their catholic subjects and did not hesitate to collaborate with catholic authorities against the turks. thus, to preserve itself as a viable religious alternative, the orthodox church had to differentiate itself from the holy see. hence, the flaming debates and pejorative harangues. the second great threat was islam. still, it was a latecomer. catholicism and orthodoxy have been foes since the ninth century. four hundreds years later, byzantine wars against the moslems were a distant thunder and raised little curiosity and interest in the balkan. the orthodox church was acquainted with the tenets of islamic faith but did not bother to codify its knowledge or record it. islam was, to it, despite its impeccable monotheistic credentials, an exotic oriental off-shoot of tribal paganism. thus, the turkish invasion and the hardships of daily life under ottoman rule found orthodoxy unprepared. it reacted the way we all react to fear of the unknown: superstitions, curses, name calling. on the one hand, the turkish enemy was dehumanized and bedevilled. it was perceived to be god's punishment upon the unfaithful and the sinful. on the other hand, in a curious transformation or a cognitive dissonance, the turks became a divine instrument, the wrathful messengers of god. the christians of the balkan suffered from a post traumatic stress syndrome. they went through the classical phases of grief. they started by denying the defeat (in kosovo, for instance) and they proceeded through rage, sadness and acceptance. all four phases co-existed in balkan history. denial by the many who resorted to mysticism and delusional political thought. that the turks failed for centuries to subdue pockets of resistance (for instance in montenegro) served to rekindle these hopes and delusions periodically. thus, the turks (and, by extension, islam) served as a politically cohering factor and provided a cause to rally around. rage manifested through the acts against the occupying ottomans of individuals or rebellious groups. sadness was expressed in liturgy, in art and literature, in music and in dance. acceptance by conceiving of the turks as the very hand of god himself. but, gradually, the turks and their rule came to be regarded as the work of the devil as it was incurring the wrath of god. but again, this negative and annihilating attitude was reserved to outsiders and foreigners, the off-spring of ishmael and of hagar, the latins and the turks. moslem or catholic neighbours were rarely, if ever, the target of such vitriolic diatribes. external enemies - be they christian or moslem - were always to be cursed and resisted. neighbours of the same ethnicity were never to be punished or discriminated against for their religion or convictions - though half-hearted condemnations did occur. the geographical and ethnic community seems to have been a critical determinant of identity even when confronted with an enemy at the gates. members of an ethnic community could share the same religious faith as the invader or the heretic - yet this detracted none from their allegiance and place in their society as emanating from birth and long term residence. these tolerance and acceptance prevailed even in the face of ottoman segregation of religious communities in ethnically-mixed "millets". this principle was shattered finally by the advent of the modern nation-state and its defining parameters (history and language), real or (more often) invented. one could sometimes find members of the same nuclear family - but of different religious affiliation. secular rulers and artisans in guilds collaborated unhesitatingly with jews, turks and catholics. conversions to and fro were common practice, as ways to secure economic benefits. these phenomena were especially prevalent in the border areas of croatia and bosnia. but everyone, throughout the balkan, shared the same rituals, the way of life, the superstitions, the magic, the folklore, the customs and the habits regardless of religious persuasion. where religions co-existed, they fused syncretically. some sufi sects (mainly among the janiccary) adopted catholic rituals, made the sign of the cross, drank alcohol and ate pork. the followers of bedreddin were jews and christians, as well as moslems. everybody shared miraculous sites, icons, even prayers. orthodox slavs pilgrims to the holy places in palestine were titled "hadzi" and moslems were especially keen on easter eggs and holy water as talismans of health. calendars enumerated the holidays of all religions, side by side. muslim judges ("kadis") married muslim men to non-muslim women and inter-marriage was rife. they also married and divorced catholic couples, in contravention of the catholic faith. orthodox and catholic habitually intermarried and interbred. that this background yielded srebrenica and sarajevo, kosovo and krajina is astounding. it is the malignant growth of this century. it is the subject of our next instalment. return t h e a u t h o r shmuel (sam) vaknin curriculum vitae click on blue text to access relevant web sites - thank you. born in in qiryat-yam, israel. served in the israeli defence force ( - ) in training and education units. education graduated a few semesters in the technion - israel institute of technology, haifa. ph.d. in philosophy (major : philosophy of physics) - pacific western university, california. graduate of numerous courses in finance theory and international trading. certified e-commerce concepts analyst. certified in psychological counselling techniques. full proficiency in hebrew and in english. business experience to founder and co-owner of a chain of computerized information kiosks in tel-aviv, israel. to senior positions with the nessim d. gaon group of companies in geneva, paris and new-york (noga and aprofim sa): - chief analyst of edible commodities in the group's headquarters in switzerland. - manager of the research and analysis division - manager of the data processing division - project manager of the nigerian computerized census - vice president in charge of rnd and advanced technologies - vice president in charge of sovereign debt financing to represented canadian venture capital funds in israel. to general manager of ipe ltd. in london. the firm financed international multi-lateral countertrade and leasing transactions. to co-founder and director of "mikbats - tesuah", a portfolio management firm based in tel-aviv. activities included large-scale portfolio management, underwriting, forex trading and general financial advisory services. to present free-lance consultant to many of israel's blue-chip firms, mainly on issues related to the capital markets in israel, canada, the uk and the usa. consultant to foreign rnd ventures and to governments on macro- economic matters. president of the israel chapter of the professors world peace academy (pwpa) and (briefly) israel representative of the "washington times". to co-owner and director of many business enterprises: - the omega and energy air-conditioning concern - avp financial consultants - handiman legal services total annual turnover of the group: million usd. co-owner, director and finance manager of costi ltd. - israel's largest computerized information vendor and developer. raised funds through a series of private placements locally, in the usa, canada and london. to publisher and editor of a capital markets newsletter distributed by subscription only to dozens of subscribers countrywide. managed the internet and international news department of an israeli mass media group, "ha-tikshoret and namer". assistant in the law faculty in tel-aviv university (to prof. s.g. shoham). to financial consultant to leading businesses in macedonia, russia and the czech republic. collaborated with the agency of transformation of business with social capital. economic commentator in "nova makedonija", "dnevnik", "izvestia", "argumenti i fakti", "the middle east times", "makedonija denes", "the new presence", "central europe review" , and other periodicals and in the economic programs on various channels of macedonian television. chief lecturer in courses organized by the agency of transformation, by the macedonian stock exchange and by the ministry of trade. - economic advisor to the government of the republic of macedonia and to the ministry of finance. - senior business correspondent for united press international (upi) web and journalistic activities author of extensive websites in psychology ("malignant self love") - an open directory cool site philosophy ("philosophical musings") economics and geopolitics ("after the rain") owner of the narcissistic abuse announcement and study list and the narcissism revisited mailing list (more than members) editor of mental health disorders and central and eastern europe categories in web directories (open directory, suite , search europe). columnist and commentator in "the new presence", united press international (upi), internetcontent, ebookweb and "central europe review". web activities author of extensive websites in psychology ("malignant self love") - an open directory cool site philosophy ("philosophical musings") economics and geopolitics ("after the rain") owner of the narcissistic abuse announcement and study list and the narcissism revisited mailing list (more than members) editor of mental health disorders and central and eastern europe categories in web directories (open directory, suite , search europe). weekly columnist in "the new presence", united press international (upi), internetcontent, ebookweb.org and "central europe review". publications and awards "managing investment portfolios in states of uncertainty", limon publishers, tel-aviv, "the gambling industry", limon publishers., tel-aviv, "requesting my loved one - short stories", yedioth aharonot, tel- aviv, "the macedonian economy at a crossroads - on the way to a healthier economy" (with nikola gruevski), skopje, "malignant self love - narcissism revisited", narcissus publications, prague and skopje, , "the exporters' pocketbook", ministry of trade, republic of macedonia, skopje, "the suffering of being kafka" (electronic book of hebrew short fiction) "after the rain - how the west lost the east", narcissus publications in association with central europe review/ceenmi, prague and skopje, winner of numerous awards, among them the israeli education ministry prize (literature) , the rotary club award for social studies ( ) and the bilateral relations studies award of the american embassy in israel ( ). hundreds of professional articles in all fields of finances and the economy and numerous articles dealing with geopolitical and political economic issues published in both print and web periodicals in many countries. many appearances in the electronic media on subjects in philosophy and the sciences and concerning economic matters. contact details: palma@unet.com.mk vaknin@link.com.mk my web sites: economy / politics: http://ceeandbalkan.tripod.com/ psychology: http://samvak.tripod.com/index.html philosophy: http://philosophos.tripod.com/ poetry: http://samvak.tripod.com/contents.html return after the rain how the west lost the east the book this is a series of articles written and published in - in macedonia, in russia, in egypt and in the czech republic. how the west lost the east. the economics, the politics, the geopolitics, the conspiracies, the corruption, the old and the new, the plough and the internet - it is all here, in colourful and provocative prose. from "the mind of darkness": "'the balkans' - i say - 'is the unconscious of the world'. people stop to digest this metaphor and then they nod enthusiastically. it is here that the repressed memories of history, its traumas and fears and images reside. it is here that the psychodynamics of humanity - the tectonic clash between rome and byzantium, west and east, judeo-christianity and islam - is still easily discernible. we are seated at a new year's dining table, loaded with a roasted pig and exotic salads. i, the jew, only half foreign to this cradle of slavonics. four serbs, five macedonians. it is in the balkans that all ethnic distinctions fail and it is here that they prevail anachronistically and atavistically. contradiction and change the only two fixtures of this tormented region. the women of the balkan - buried under provocative mask-like make up, retro hairstyles and too narrow dresses. the men, clad in sepia colours, old fashioned suits and turn of the century moustaches. in the background there is the crying game that is balkanian music: liturgy and folk and elegy combined. the smells are heavy with muskular perfumes. it is like time travel. it is like revisiting one's childhood." the author sam vaknin was born in israel in . a financial consultant and columnist, he lived and published in countries. an author of short stories, the winner of many literary awards, an amateur philosopher - he is a controversial figure. this is his tenth book. the rd party by lee b. holum _a series of "incidents" had provoked a state of emergency between two great powers. the reason was obvious. but why a single chemist as bait--and who was the third party?... the th award winner in if's college science fiction contest._ [transcriber's note: this etext was produced from worlds of if science fiction, march . extensive research did not uncover any evidence that the u.s. copyright on this publication was renewed.] snow beat against the tall windows of the terminal building. the howling of the wind around the corners of the building and across the broad expanse of the rocket field went unheard by the thousands who streamed across the crowded floor. each was intent on his or her affairs, hurrying to board one of the tall spires out on the snow covered field, seeing someone off, or waiting for incoming friends. roger lorin and his wife waited near the entrances to the boarding tunnels for the announcement that would send them out under the field to their rocket. the shouts of porters and the voices of excited passengers mingled with the noises of the terminal. groups of people moved across the floor like the currents of the ocean. suddenly, the announcer's voice boomed out over the p. a. "all passengers for the arctic city rocket report to tunnel seven." "come on linda," roger said. "that's our ship." he hurried his wife toward the tunnel entrance. a few minutes later they stepped off the conveyer walk at the bottom of an elevator shaft. the gray uniformed attendant checked their tickets, before the glass cage lifted them to the lock entrance high on the side of the rocket. the wind sang its mournful song around the corners of the cage and fired volleys of snow against the glass. at the air lock entrance, a stewardess checked their tickets a second time. "couches and ? follow me, please." she led them up one deck and over to a pair of couches, one of which was next to a small eyeport. "take the one next to the port, honey," said roger. "the view's worth seeing." a moment later, a buzzer sounded, and a red light flashed on near the hatch to the deck above. the voice of the pilot came over the intercom system. "we are blasting off in five minutes. all passengers who have not strapped in will please do so immediately." three minutes went by, and the final warning buzzer sounded. after another two minutes, the rumble of the motors came from the tail of the ship. the rocket, a towering silver needle with orange flame spouting from its lower end, paused on the field as its motors warmed up. then it rose majestically on a column of fire and disappeared in the swirling snow. linda was surprised to find that the sound of the blast off was not as loud as she had expected. neither did she find the acceleration of two and a half gravities excessively uncomfortable. the brightly lighted compartment made the scene outside the eyeport seem dark; although it was only four-thirty in the afternoon. tiny pellets of snow streamed by the port during the few seconds it took the rocket to scream through the lower atmosphere. then the ship burst through the clouds. linda gave an exclamation of surprise and pleasure at the sheer beauty of the sight. the clouds rose like tumbled snowy mountain ranges under an ice blue winter sky. the setting sun painted their tops in brilliant hues of pink, orange, and violet. their eastern sides lay in blue shadow honeycombed with caves and grottos. "it's beautiful!" exclaimed linda. "i never dreamed it would be like this." "you have to see it to really appreciate it," roger said. "descriptions never do it justice." as the rocket continued to rise, the clouds flattened until they resembled pack ice on an arctic sea. more of earth became visible, and spots of green and brown appeared on the southwestern horizon. finally the blue of the pacific crept into view, brilliantly contrasted against the now black sky. "you may be able to see a few stars if you don't look toward earth or the sun," roger said to linda. linda followed roger's instructions; and, sure enough, a few stars appeared, unwinking points of light against black velvet. now over three hundred miles above earth, the rocket had crossed the frontier into outer space. the rocket passed the top of its arc and the scenery was forgotten; the natural fear of falling to which all humans are heir asserted itself. linda suddenly realized that there was no sensation of weight and that the rocket was falling steadily through space. "is ... is everything all right?" she asked in a weak voice. "don't worry dear," roger replied soothingly. "we'll be landing in another half hour. you won't have to go through much more of it." "thank goodness!" linda breathed a sigh of relief and laid her dark head on roger's shoulder. roger put his arm around her and held her until the rocket came in with a squeal of runners against hard packed snow. lights flashed by the eyeport as they slid along the runway. in the distance the lighted, slablike towers of arctic city loomed against the dark sky. the night was clear and bitterly cold. the rocket slid to a stop, and an electric tractor came to tow the ship to the top of an elevator shaft. a few minutes later the passengers streamed along a conveyer walk into the arctic city terminal. the sounds of hurried activity echoed through the tunnel. the rumble of heavy freight conveyers, the shouts of stevedores, the whine of heavily loaded electric motors, and the hum of conversation mingled in a medley of sounds that spoke of commerce and industry, of people busy at an almost endless array of tasks. "are you roger lorin?" the question came from a short, stocky, gray-haired individual. "yes, i am," roger replied. "i'm jacob darcy. i'm supposed to show you to your apartment and help you get oriented." "good," roger said. "you lead. we'll follow." darcy turned and led them to a small electric monorail car which sped them through a maze of underground streets past the windows of many shops and stores. after a ten minute ride in the monorail and a fast ascent in an elevator, the three of them entered a small apartment high in one of the slablike buildings. the apartment was comfortable and compact, though not luxuriously furnished. one transparent wall of the living room looked out over the city and the arctic landscape. "i thought things would be more primitive," said linda as she looked around her future home. "this doesn't seem like a frontier at all." "no," darcy replied with a smile. "arctic city is pretty well built up. conditions are a lot better here than they are in some of the mining centers farther north." he turned to roger. "i'll be around tomorrow morning to show you the labs. sometime around eight or eight thirty." "i'll be ready," replied roger. "it should be interesting to see the facilities here." "i suppose the high temperature work will be most interesting to you," said darcy. "i read your paper on molecular linkages. we'll sure be able to use you. we're having the devil's own time with the linings for the reaction chambers in the neutron pile." "i hope i can help," said roger. "the cooling problem should be quite a challenge without the extreme temperatures and high vacuum that we had at the moon labs." "that's right. you did work on the first neutron pile, didn't you?" darcy said as he prepared to leave. "that makes it much better. there are too few men with practical experience in neutron pile work." it had long been known by physicists that tremendous amounts of energy could be released if matter could be collapsed to form neutrons. this step had been achieved in a. d., at the lunar atomic laboratories. the arctic city pile was the first attempt to apply it to industrial uses. up to this time ( ), man had been barred from the planets by the lack of a fuel cheap enough to make trips across interplanetary space economically feasible. long, economical orbits could be used; but these brought on psychological problems resulting from living in cramped quarters for long periods of time, and problems of carrying enough supplies for such long trips. in shorter orbits, the profits would be burned up in excessive fuel consumption. the most efficient fuel was monatomic hydrogen, which is highly unstable unless dissolved in a catalyst to keep it from exploding at ordinary temperatures. the catalyst and the process for making the fuel were both expensive. moon colonies were maintained only because the moon was the best known source of germanium; and its vacuum was a valuable location for astronomical observatories and atomic research laboratories. the neutron pile applied to space travel would make an interplanetary civilization possible. the pile, releasing neutrons and ions at velocities approaching that of light, would make use of small amounts of inexpensive materials as fuels. it also had frightening potentialities for mass destruction. the ambassador of the south american republic thought of the destructive possibilities as he rode the small monorail car toward the government center in chicago, which was now the capital of the north american union. the shore of lake michigan was studded with tall skyscrapers connected by streets with transparent coverings. at ground level, a system of conveyer walks ranging from the hundred mile per hour strips in the center to five mile per hour strips on the edges, whisked brightly clad people about their business. on the second level, monorail tracks carried the high speed freight and passenger traffic of the city. the ambassador's car pulled in at a second level siding near the loading platform for the government tower. as he stepped from his car, he was met by two secret service agents who escorted him to the office of the secretary of state. the secretary sat behind a large desk in a comfortably furnished office on the eightieth floor. through the large window wall behind the secretary, the scattered towers of the city were somewhat obscured by flying snow and the gloom of a december morning. the distinguished looking man behind the desk had served his country well during the past thirty years. he knew the problems faced by such nations as the south american republic, the league of islam, the asian commonwealth, the decadent subject nations of western europe, and the tiny, constantly warring states that comprise what was left of the once mighty u.s.s.r. that morning he had sent a note refusing help to the baltic federation, which had accused the arctic league of aggression. the north american union had no desire to enter foreign wars that did not concern it. the secretary rose and extended his hand. "good morning," he greeted the ambassador as he shook hands with him. "have a seat." the secretary waved toward a comfortable chair near the desk. the ambassador seated himself with his overcoat across his knees. "i cannot get used to your cold weather," he said good naturedly. "i have spent too much time in the tropics." "we seem to be getting an unusually cold winter," the secretary replied. "i'll have to admit that chicago doesn't compare with rio as far as weather is concerned." "i wish that i were there now," the ambassador said in a more serious tone. "i would not have to discuss with you this trouble that has come up." "what trouble?" the secretary asked. "your note wasn't clear about what you wished to discuss with me." "as you probably know, there are groups in my country that fear the technical developments that have been going on during the past ten years," the ambassador replied. "they do not know your country as well as i do, and fear that you will use the neutron energy discovery as a weapon." "why should they fear our energy developments?" the secretary asked. "the lunar atomic laboratories are open for inspection at all times, and the pile being built in the arctic is no secret either. all the developments are private ventures. the idea of making neutron bombs hasn't even been raised in congress." "unfortunately my people do not know this," replied the ambassador. "these groups have used much propaganda and have thoroughly misled the masses. that the laboratories are located on the moon does not help. you know how rigid the requirements are for those who would travel in space. several men from my country have not been allowed to go for health reasons. this naturally feeds the suspicions of my people, who do not understand why such things must be done. to remedy this trouble my government has instructed me to arrange for a meeting between our presidents." "i think such a meeting would be possible," the secretary said. "i'm sure that the president will understand the situation. the memory of the twentieth century won't fade easily. i'll see if a trip to the lunar laboratories can be arranged. it would be good if some members of the dissatisfied groups were allowed to make the trip." "that would be very good," replied the ambassador. "it would help to counteract their propaganda. they are seeking power, and would gain it at the expense of good will between our nations. this will very effectively remove the source of their grievances." "i'll bring it up at the cabinet meeting this afternoon," the secretary said. "it would be wisest to get this business moving as fast as possible." the ambassador rose from his seat. "you will let me know the outcome of the meeting as soon as you can?" "yes," replied the secretary. "as soon as it's over." * * * * * the laboratories at arctic city were fairly new but already had the cluttered appearance of all research labs. electronic instruments, coils of wire, and various articles of chemical apparatus lay on the work benches. one room held the dial-studded face of a computer. another contained several induction and carbon arc furnaces used in high temperature work. men wearing white smocks or plastic aprons went quietly and efficiently about their tasks. roger and darcy entered a lab in which a man sat staring at the face of an oscilloscope, where weird figures danced in yellowish-green tracery. the bench was covered with a bewildering array of equipment. a row of gas discharge tubes glowed with varicolored light. from them a spaghetti-like arrangement of many colored wires led to various instruments scattered along the bench. "how's it coming, phil?" darcy asked. the man looked up from his work. "hi, jake," he said. "i might get somewhere if this oscillator would stop wandering all over the place. this thing doesn't seem to be very accurate at high frequencies." he indicated a piece of equipment connected to the oscilloscope. "i'll sure be glad when we get a good physical chemist to do this work. my business is ceramics, and i'm getting sick and tired of wrestling with his wiring." "well," said darcy, "you won't have to worry about this any more. this is roger lorin, our new physical chemist. roger, this is philip gordon, our ceramics expert." gordon grinned and extended his hand. "i'm glad to meet you," he said. "sorry i blew off like that. i just get disgusted sometimes." "it does get frustrating," roger agreed as they shook hands. "electronics is rather tricky." "you're right there," replied gordon. "especially when you don't know too much about it. what i learned about electronics in college has long since departed. take a look at this set up. it's about as poor a job of haywiring as you'll find anywhere." "i see you're using high frequency excitation to get your high temperatures," roger commented. "just what compounds are you working with?" "i've been working with some plastics, inert stuff, to see just what they'll react with, and how fast they'll react at high temperatures." "it isn't too easy," lorin said. "it never has been easy to find reaction rates. i'll get to work on these this afternoon. maybe i can get some of these finished tomorrow or the next day." "thanks," gordon said in a relieved voice. "it'll be good to get some results i can rely on." lorin and darcy left the lab and walked through a winding succession of corridors until they came to a large room. one wall was lined with catwalks linked by metal ladders. men in coveralls moved against the slate gray background like insects on the side of a building. through a door to their right lorin could see banks of instruments at which several men were working. "this is the south face of the pile," darcy said. "most of the instruments are located here. the klysten converters are mounted in that room over there." he indicated a door on their left. "i'd like to see those," roger said. "i hear that these are pretty large compared with what we had at the moon labs." "they're big enough all right," darcy said. "each one is four stories high. we had a deuce of a time evacuating them." as darcy said this, they stepped into a long high room. to their right stood six immense transparent tubes. each tube contained a grid of thick steel bars which was mounted so that it completely surrounded a coil of heavy copper bar in the center of the tube. the steel bars had been treated so that a magnetic field would build up rapidly when they were exposed to hard radiations. the radiation beams were passed into the grid in pulses, thus causing the magnetic field to build up and collapse rapidly producing current in the coils by induction. the tubes were generators with no moving parts except electrons and protons. the system used about seventy-five per cent of the energy produced by the pile. the residual radiation was released as greenish yellow light. "why are they transparent?" roger asked. "i should think that metals would be stronger and easier to manage." "the transparency helps us to maintain a more accurate control," darcy replied. "when the light shifts toward the blue, we know that more energy is being released as radiation, and can shut down the tube before it gets a chance to heat up too much." "good idea," said roger. "control was our worst trouble at the moon labs." "we'll use this until we find something better," said darcy as they left the pile area. * * * * * unknown to roger lorin, events which would shape the course of the next few weeks, and would ultimately change his whole life were taking place far to the south. a third party had entered the political stage of the western hemisphere. the league of islam had finally decided to do something about an incident which it had never forgiven. over thirty years earlier, the union had sent marines into the suez canal area to stop alleged assaults against american citizens. in a sense, the north american union had indicated that it thought of the league of islam as nothing more than a backward group, which could be pacified whenever trouble arose within its borders. the insult had never been forgotten by the fanatically nationalistic moslems. only the greater military might of the north american power had prevented a war at that time. now, the league had decided that the time was ripe to gain immunity from such insults forever by some shrewd political maneuvering. working through a small dissatisfied political party in south america, they used the north's development of neutron energy to create fear in the minds of the people of the southern republic. by stimulating this fear, the arabs hoped to weaken both powers through war, and thereby to gain power and prestige among the nations. the league hoped to gain through political devices what it could never get in open war. up to january , , the leaders of the western hemispheric powers did not realize what was actually taking place. but then reports began coming into the offices of the investigators of both nations which changed the picture. on january , an american oil well in the gulf of mexico had been blown up. the saboteur was not caught, since the bomb had been cleverly hidden sometime before the explosion. two days later, in the state of venezuela, an official of the south american government was shot and killed. although the assassin escaped after a grueling two day chase and was never really identified, there were plenty of rumor mongers to remind the people that the dead official had held opinions that were not favorable to the north american union. accompanied by such incidents friction between the two nations grew. the events that set the pot to boiling, and nearly caused it to boil over occurred at arctic city. up to this time, roger lorin had considered the reports of such incidents as news that seemed rather unreal, because of its distance from his immediate affairs. now, however, he found himself in the middle of the trouble between the two nations. although he scarcely knew it, he had become a key man on the neutron pile project. his research into the physics of interatomic and intermolecular forces had aided materially the work on the pile. it started, innocently enough, during the early afternoon of january , when a group of ten men ostensibly bound for a mining town farther north, took a guided tour of the pile area. about one sixth of the reaction cells into which the pile was divided for convenience, were in operation; and the six converter tubes were aglow with greenish yellow light. the entrance of the men into the central chamber was the signal. a previously planted bomb exploded with enough violence to shatter the tubes; filling the converter room with greenish yellow fire and hard radiations. a smoke bomb provided extra screening and the group hurried down a side tunnel under cover of the gray mantle. roger heard the sounds of confusion accompanied by the clangor of an alarm bell, announcing that hard radiations were loose somewhere in the plant. he stepped to the door of the lab, and a gas gun exploded in his face. he knew nothing more, until he awoke aboard a fast moving jet. the convertiplane winged through the arctic twilight for nearly two hours, and finally came down on a flat stretch of snow covered tundra, near the shore of the arctic ocean. a group of three dome huts stood at the base of a low cliff. otherwise, the scene was one of silent, dark desolation. one of the men handed roger a pair of insulated, electrically heated coveralls. roger put them on without argument. next, the man motioned toward the hatch with a machine pistol. "get movin'," he snapped. "make it quick. and don't try to run for it. you wouldn't get far." roger dropped through the hatch and waited quietly. when his captors finally dropped through the hatch, they steered him none too gently toward the middle hut. on his right as he entered, three men sat playing cards around a small table. to his left, a man lay on a cot reading a magazine by the light of a mining lantern. roger was shoved across the main room, through a passageway and into a room on the right. the metal door clanged shut behind him, and the bolt shot home with the finality of a prison gate. "well, i see i have company," a voice came out of the gloom. as roger's eyes grew accustomed to the dimness, he saw an old man sitting on the edge of a narrow cot. "who are you?" roger asked in a bewildered voice. "and just what's been going on? why should i be kidnapped and brought to this god forsaken spot?" "you must be the chemist they were talking about," the old man replied. "i heard them say something about one of the chief chemists at the neutron pile project. as for me, my name is dr. alexander nolan. i came up here in my plane about a month ago to write up some historical research i've been doing during the past five years. instead, your kidnappers came in and took over. but here i am rambling on about myself as usual. what's your name, young fellow?" "i'm roger lorin," roger replied. "i'm a chemist all right. i was working at arctic city on the neutron project, but i still can't figure out why i should be kidnapped. they couldn't get any ransom, and i don't have any information that would be useful to them. i just don't see it." "roger lorin, eh," the historian mused. "i think i see why you were kidnapped. you're more important than you think you are, which is unusual. most men think that they are more important than they really are. i suppose you've heard about the oil well that was blown up in the gulf of mexico and the man who was shot and killed down in venezuela. now, if some north american citizen were to be found dead, possibly tortured for information about the neutron pile, it might be just the spark that sets off the powder keg that's been building up during the past ten years." "but why should south america do anything like that?" roger asked nervously. "they have nothing to gain by such actions. we've shared the information on pile developments since the projects were started." "oh, but south america is not the power behind this business," nolan said gently. "i'll admit that the evidence seems to point to south america, but i have reasons to believe that another power is behind this." "but which one could it be?" asked roger. "indications point to the league of islam," replied nolan. "they are clever, but a student of political history can get some insight into their plans if he looks carefully enough. if you're interested, i can give you some background." "go ahead," roger said. "i'd like to find out what's behind this." "well," the historian began. "i guess that you could say that this story goes back years. the hatred between the jews and the arabs goes back that far, and it plays an important part in the present situation. actually the seeds of the present trouble were planted more than a hundred years ago, when the united states helped the jews set up a republic on land that the arabs considered theirs. when the republic of israel was established, many arabs were driven from their homes. added to this, american economic aid to israel didn't help our relations with the arab world. as a result, the fifties and sixties of the last century were a time of unrest throughout the middle east. "a short war between israel and the arab states lasted from to . the arabs lost out, but border incidents occurred intermittently until . after the united states and russia were involved in the two week chaos, the arab league moved against israel. the arabs had grown in strength during the preceding twenty years and were able to push the jews out of palestine or put them under their control. "under agreements made in the united nations, the united states sent an expeditionary force to the holy land. the whole affair was a debacle. america had been weakened by the atom bombing of many of her cities and military establishments. russia was also out of the running. after the death of malenkov in , one of the party leaders had tried to bring union by starting a war. after american retaliation with hydrogen and atom bombs, the growing resentment of the russian people against an undesirable system exploded into open revolt. the soviet union became a disorganized crazy-quilt pattern of small, constantly warring states. "on top of the destruction of atomic war, came the great economic collapse of . the financial structure of the united states and her allies fell apart, and with it the united nations went down into oblivion. the states of the arab league could now do much as they pleased without outside interference. "the two week chaos and the great collapse incapacitated the western powers for nearly thirty years. the arab states prospered and formed the league of islam in . the league covered the eastern end of the mediterranean and the coast of north africa. during this period, south america had formed the south american republic and became a world power. "the north american union, which was formed in , wished to take up where the united states had left off in the development of arabian oil. the arabs, who had developed the fields themselves with help from south america, had no desire for north american intervention. the americans, who had a long term lease signed in the late fifties, were not willing to give up so easily, and hard feeling developed. the suez incident of thirty years ago and the american control of the moon and the satellite stations didn't help matters any. "when the americans finished the first satellite station in and landed the first rocket on the moon in , the arabs became apprehensive and made known their wish to build a spaceport in the sahara desert. the north american union, which had a monopoly on rocket building facilities, refused to allow it, out of fear of the growing strength of the arabs. i think that that was a serious mistake. the sight of the satellites passing overhead, plus the knowledge that they belong to an unfriendly power doesn't help to create good will. the fact that the moon has an independent government makes it worse. the leaders of islam know that the lunar government wouldn't allow nationalism in space. i guess you know how the lunar citizens feel about the north american monopoly on space travel." "they don't like it," roger said. "they feel that they could be more independent if they were receiving supplies from more than one source. lunar government is nothing more than a form, set up by the north american union to keep up appearances. the moon isn't self sufficient enough to make its independence more than a form. if the lunar colonies could trade with more than one nation, they could maintain their independence by the moon's natural defensive position; and control of the satellite stations would help to ease international tensions. there's not much chance of a dictatorship being formed there, because the colonists are too individualistic and are interested in their government. it looks to me like both sides are at fault in this mess." "that's usually the case," the historian commented. "the arabs aren't free of blame either. some of their tactics in the holy land weren't exactly calculated to win the good will of the united states, and they have been rather violent in some of their dealings with our citizens." the conversation was interrupted when one of their captors opened the door a few inches and slid two cans of food concentrate through the crack. "i see dinner has arrived," nolan said as he stepped over to the door and picked up the containers. he handed one to roger, and the two men removed the tops. in a few minutes a coil in the sides of each container heated the contents, and the prisoners ate a warm if uninspiring meal. plastic spoons fastened to the sides of the cans served as utensils. after they had finished the food, the two prisoners sat and discussed various topics until late in the evening, when they finally turned in. outside, the temperature dropped to sixty degrees below zero. the stars sparkled with a brilliance that was reminiscent of outer space. once the frosty stillness was broken by the whine of the jets of a cargo plane, hauling a train of ore gliders from the mines on an island farther north. in the front room of the center hut a guard sat, watching a number of television screens which showed the area around the camp bathed in infra red light. in front of the hut lay the convertiplane, a shining, bluish silver dart with its needle nose and swept back wings and tail. near the cliffs back of the huts, nolan's small two seater lay with its channel wings folded into the fuselage. at six, roger was awakened roughly by one of the guards. he was given a can of concentrates which he ate quickly, his eyes straying now and then to the big machine pistol held by one of his captors. after roger had eaten, he was ordered out to the plane and strapped into a seat, an armed guard beside him. with screaming jets blowing air over its channel wings, the convertiplane lifted from the snow and, a few minutes later, streaked into the dark sky under the power of its main jets. three hours later they descended to the yard of a large house on the outskirts of denver. the scattered buildings of the city lay on a blinding white blanket of snow that sparkled in the winter sun like minute jewels. roger was hurried into the house and soon stood in the middle of a spacious living room, his hands held firmly by steel handcuffs. he faced a man with swarthy skin and dark hair, a typical latin type. "señor lorin," the south american said and motioned toward an easy chair. "please be seated. perhaps you are tired after your trip." "the trip was all right," roger replied coldly, "though i don't like traveling against my will. i trust that the arabs are paying you well for this little job." a momentary look of surprise crossed the man's handsome features, but he smiled quickly and said in an affable voice tinged with surprise. "arabs? what do they have to do with this? i do not know any arabs. you do me an injustice to think that i would work for any other country than my own." hoping that the results would justify his confidence, roger replied. "quit trying to bluff. south americans have no reason to kidnap me. they'd have absolutely nothing to gain and plenty to lose by such actions. even if they could fight a long drawn out war with us, they'd lose in the end. why most of your scientists and engineers receive their graduate schooling up here. i met quite a few of your countrymen during my school days." "you are an astute man," the south american smiled. "yes, i am actually working for the league of islam." he admitted it blandly without apparent conscience or remorse. "i can't say that i admire a man who'd sell his country, and not only that but the whole western hemisphere down the river. did they pay you thirty pieces of silver?" roger asked scornfully. "the stakes are much higher than that," the traitor replied, without apparently being affected by roger's scorn. "an empire awaits those who are bold, greater power and riches than any ruler has even known before." "i thought that we had left that behind with the twentieth century." "the desire for power is always with us," the traitor, whose name was manuel juarez, said. "if i do not get it, someone else will. the struggle never ends." "maybe that's true in some parts of the world," roger said, "but we don't do things that way here." "be that as it may," juarez said with finality. "we won't speak of it again." abruptly he turned his chair toward a blank wall and pressed a button on the arm of the chair. the whole wall lit up with stereo color, and the room resounded with the hum of a crowd of people. "skiing is an interesting sport," juarez commented. "i enjoy watching the skill with which the skiers perform in these tournaments." roger and juarez watched a symphony of graceful form and movement against a backdrop of snow, blue sky, and tall pines. both men sat in chairs that moulded automatically to the shape of the body. radiant heat bathed them in warmth that was a pleasant contrast to the wintry scene in the television wall. the instrument which showed them the ski tournament so clearly represented a force that had killed an entire industry eighty years earlier. the economic collapse and the development of good color stereo television had resulted in the complete destruction of the movie industry. although there was still much poor entertainment on the air, any person could usually find entertainment to suit his taste, whether it was for adventure stories or shakespeare, for popular music or the works of the great composers. * * * * * roger was held in the house for about a week and a half. although he did not know why he was held for such a long time, he knew that he was being watched with unceasing vigilance. he had no chance to escape. then suddenly the enforced inactivity was over. juarez and two guards entered his room. all three were dressed in outdoor clothing and were armed. "you will come with us peacefully," juarez warned. "if you try anything foolish, we will not hesitate to kill you. we have other plans for you, but your death here would serve our purpose." roger went. they left the house and prepared to enter a small channel winged plane. the craft had a tear shaped body flanked by two pontoon-like cylinders. each cylinder contained two small jet engines, one blowing a stream of air forward and the other blowing a stream backward across wing-like plates. the supersonic blasts gave the wings enough lift so that the plane could hover, rise vertically, or move forward or backward with equal ease. such planes could attain a speed of miles per hour. at this time, a small patrol plane of the same type was flying slowly through the area. both of its occupants were thoroughly bored, and one of them began to look around through a pair of light amplifying binoculars. he spotted the abduction scene taking place below. every detail, including roger's handcuffs, was crystal clear. the patrolman, his curiosity aroused, switched to ultraviolet sensitivity, but saw none of the code numbers that appeared on the bodies of all police planes. handcuffs and no police markings meant a check report to police headquarters. "patrol ," the policeman reported into the radio. "there's a prisoner being held in zone . the plane has no police markings. the prisoner is about five feet, eleven inches tall, has light hair, a rather large nose, and is wearing a green jacket over gray coveralls. one of the other men is dark, short, and stocky." "that sounds like roger lorin," came the reply. "he disappeared from arctic city about a week ago. there's a bulletin out on him. keep a long distance watch on that plane." about an hour after they had taken off, the fugitives, who were flying low, disappeared in the mountains and were lost to the police plane's radar. the sun set, and night settled its cold hand over the mountains. the stars glittered like icy diamonds in the almost black firmament. the moon bathed the world in cold silvery light. the mountains rose like walls against the cold, dark sky. the plane climbed out of a canyon and flew southwest along the side of a high peak. at treetop level, they flew through a high pass, and entered a valley where a small, ice-covered lake gleamed in the cold moonlight. the plane landed on the glittering ice. among the pines on the west side of the lake, stood a stately hunting lodge. the outside was faced with logs to give it a rustic look, but the interior was luxuriously furnished. two men from the lodge pushed the plane into a hangar on the lake shore, while roger and his captors climbed a short flight of stairs and entered the building. "now we wait," juarez said disgustedly. "i hope that gomez gets here soon, so that we can get this business over with and get out of here. i cannot be sure, but i thought i saw someone following us after we took off this morning." but he didn't get his wish. for the next three days, the men passed the time in various ways. some went fishing through the ice on the lake, others watched television, still others played cards or pool in the game room. during this time the police were not idle. they staked out the house in denver and waited. their patience was rewarded when, on the second night, a small plane came down out of the dark sky and hovered over the landing area. a man dropped to the ground and headed toward the house, and the plane rose into the night with blue flame dancing from the ends of the wing cylinders, and headed back toward the mountains. a large police plane high above traced the flight of the small ship with infra red detectors and spotted the hideout of the fugitives. on the third night miguel gomez arrived. he was a big, strapping man unusually light complected for a south american. his greetings were loud and boisterous. "well, juarez," he said loudly, "i see that you have our prisoner in good condition. but we can do nothing for awhile. a new plan has been developed. in one week, a rocket carrying high officials from our republic will take off from the chicago spaceport. these officials go to inspect the lunar atomic laboratories. that rocket will crash, and the north americans will be blamed. there will be evidence of general negligence with hints of sabotage. so! the fun will begin. if that does not work, we will use our friend, lorin, here to top it off." that night they listened to a late newscast before going to bed. the situation was tense. the presidents' meeting had been postponed until after the inspection of the moon laboratories by the south american officials. there was talk of a general mobilization and a tightening of discipline at the military stations along the mexican border and the gulf coast. * * * * * five hundred miles above the earth, the polar weather station wheeled silently through space. a sphere two hundred feet in diameter, it was girded by a ring deck that was home to forty men and women. the big observation room was the real reason for the space station's existence. here, the weathermen kept watch over the movements of earth's atmosphere. the fluffy white clouds that appeared on their screens told a tale of mass air movements that meant stormy or clear weather for the earth below. an almost blinding white mass of cloud over canada told of a cold front moving southward to collide with warm air from the gulf of mexico and unleash a blizzard over the plains of the midwest. tumbling clouds hid a storm that whipped the north atlantic into a raging fury of white water. clear areas showed where snow sparked under the winter sun or where soft tropical breezes ruffled the fronds of palm trees. the station was passing over the pampas of argentina on the day side of earth when the incident occurred. miriam andrews, on duty at the time, sat watching the progress of a small rain squall. suddenly a look of surprise crossed her rather plain features, and she turned the amplifier gain-knob of the light amplifying telescope to higher magnification. on the screen appeared a sprawling airport on which lay scores of large, box-like transport planes. into the huge, channel winged craft flowed lines of robot controlled armored vehicles. miriam, who had a keen mind and an interest in international affairs, recognized the dangerous possibilities of these preparations. she did not hesitate to call the station director. that individual was summoned from a deep sleep by the imperative buzzing of the intercom. he switched the instrument on, saw miriam's excited face, and came fully awake with a feeling of alarm. excitement on the part of station personnel was apt to mean deadly danger. he interrupted the excited girl. "repeat that again and slow down." miriam repeated her story. "i'll send a message when we get close enough to chicago to use a tight beam," he said. "there's no use spreading that news all over the western hemisphere." with that he broke the connection and called the radio room to give instructions about the message. the station swept around the earth untroubled by the gathering fury below. a rocket, a slender, blue steel, winged cone, blasted away from the station with a brief but brilliant display of its atomic jets. the watches changed, and the weathermen continued to receive data, analyze it, and send it to the coordinating centers on earth. although most of the men on the station heard the news with the detachment of those whose main interest lies in space and on the moon, the north american government was not so calm. it was not long before big formations of box-like transports were headed southward with heavy loads of flying armored equipment, technicians, and troops. flights of dart like interceptors patrolled the gulf area, ranging the blue skies at supersonic speeds. on the ground, rows of slim antiaircraft missiles stood like candles in a birthday cake. at the first flicker on a radar screen, they would scream skyward to intercept hydrogen and atom armed missiles at the borderline of space. both powers made good resolutions of nonaggression, but the rest of the world watched the preparations with a skeptical eye. the weapons that could unleash the horrors of nuclear warfare at the flick of a switch stood in frightening array on both sides of the gulf. meanwhile, the police prepared to close in on the mountain cabin. equipped with gas bombs, machine pistols and recoiless rifles, they came struggling through a snow clogged pass and down the mountain sides from hovering planes. unseen in the darkness, they crept through the woods toward the house. a rifle shot cracked as a guard sighted them with his sniperscope. one of the policemen fell, a bullet in his leg. the lights in the house went out, and gun flashes lanced through the windows. bullets, hunting their prey like angry wasps, snarled through the darkness. roger was locked in an upstairs bedroom with a guard before the door. during the next two hours, the roar of machine pistols and the crack of rifle fire split the mountain stillness and echoed from the hillsides. at the end of that time, the police withdrew to rearrange their strategy. juarez sat on the floor near a broken window and cleaned his machine pistol. "i think that it is time to kill lorin and get out of here," he said, as he placed a fresh clip in the magazine. "it will serve us to good advantage." "fool!" gomez exclaimed. "if they found us with a dead man on our hands, we wouldn't stand a chance. i have used this place enough to know that they have us pinned in. we can use lorin as a bargaining point. we will arrange to take him with us and drop him by parachute. but--the parachute will not open. a convertiplane, which i have called, will meet us above the clouds and take us away before they can stop us." "they will not trust our word," juarez said. "we cannot get away with it." "oh, but we can," gomez said. "the police know that lorin's death would have regrettable results. even the fact that he is a citizen of the north american union would be enough to start trouble, let alone his position as a key research man on the neutron project. they will do anything to see that he remains alive. the scheme will further enrage the north americans and might perhaps incite them to war." "i see," replied juarez. "an excellent plan. let's contact the police, and see what happens." * * * * * unseen by the guards around the house, four policemen crawled through the snow. wearing white uniforms, they blended so well with their background that even the sniperscope men didn't see them. their view was limited by the fact that most of the large lights that had flooded the area with infra red radiation had been shattered by gunfire. individual beams were insufficient to sweep the whole area. carrying thirty-shot rocket launchers and rocket powered gas bombs, they took positions around the house and aimed the slender guns. at a radio signal, streams of red fire shot from the tubes, and the small rockets tore through every window in the house. in a few minutes, the place was saturated with sleep gas. not a man moved throughout the building. policemen in gas masks converged on the house. roger awoke on a stretcher aboard a police plane. a police officer sitting beside the stretcher answered his dazed inquiries. "you're on a police plane. we gassed the place where you were being held, and then moved in and took over." he grinned. "you looked so peaceful that i didn't have the heart to give you stimulants." "how long has it been?" roger asked worriedly. "i'd like to call my wife as soon as i can. she's probably worried sick by now." "it's been close to three hours," the officer replied. "we had to buck a snowstorm when we came out of that valley. we knew it was coming, but we thought that we could move in ahead of it and get you out before it struck. unfortunately, they spotted us with those big infra red lights of theirs and threw our timing all out of kilter. we should be in denver in less than half an hour." twenty minutes later the plane set down on the landing stage at the top of police headquarters. roger was helped to his feet and led from the plane across the wind and snow lashed platform to an elevator. a few minutes later, he sat in the office of the federal police commissioner for the rocky mountain district. roger asked permission to use the desk viewphone and quickly put through a call to arctic city. in a few minutes, linda's face appeared on the screen. when she saw roger her face lit up with joy. "roger!" she exclaimed. "i've been so worried about you. i haven't been able to sleep for days, wondering what they might do to you." "i'm all right, honey," roger reassured her. "i'll be home in less than a day if the police don't detain me here." "better have her come to chicago," the commissioner interrupted. "you'll have to stay there until we get this mess straightened out." "i guess it would be better for you to come to chicago. the police say that it'll take a while to clear this business up. maybe you'd better take a jet. it would be more comfortable for you." "i'll take the evening rocket," linda replied determinedly. "ok," roger said with a grin. "i'll see you this evening then." "your wife seems anxious to see you," the officer remarked drily. "well, you may as well tell me about this business. i'll send you on the rocket this afternoon so that you can meet your wife. we're not sure just what was behind this kidnapping." roger narrated the events of the past two weeks explaining the part the arabs were playing in the troubles between north and south america. "the arabs, eh," the officer mused. "i'm sending the prisoners to chicago with you. i don't think that it will be too hard to get a cerebral analysis writ. at least i'm going to recommend such action." "cerebral analysis?" roger asked. "that must be something new." "it is," replied the officer. "this particular development of the encepholograph is so new that not many people know about it. the machine in chicago is the only one in existence. we use truth drug writs to make it legal and still keep it secret. it isn't exactly according to hoyle, but we have to be careful these days. it takes an expert to read the charts and, even then, only very clear thoughts can be picked up." "it sounds like something out of science fiction," roger commented. "so did a lot of things we now take for granted," replied the officer. late that afternoon, roger sat aboard a rocket that screamed through the upper atmosphere on the last leg of its flight to chicago. he watched through an eyeport as the ship lost altitude and circled the city, finally coming to rest with squealing tires on the concrete runway. as soon as the locks were opened, roger, accompanied by a police officer, left the ship and went through the boarding tunnel into the bustling terminal building. roger's eyes searched the crowd until they found linda. he hurried toward her, and in a few minutes they were in each other's arms. * * * * * after two days of quiet relaxation, a plainclothes man took them to the tower of the security building which housed the federal police. the place was an electronic wonderland, with banks of instruments lining the walls. gomez had been drugged and strapped into a large chair in the center of the room. his scalp was shaved, and several electrodes had been taped on. during the next hour and a half, the silence was broken only by the occasional click of a switch and the scratch of pens recording data. at the end of that time the electrodes were removed, and gomez was carried from the room to sleep off the anesthesia. one after another, the prisoners went through the same process. gradually the data added up and revealed the plan that was meant to plunge two nations into the horrors of atomic war. an officer gave quick orders. "i want all out going spaceships checked for sabotage. these men didn't know the technical details. the least obvious thing to do would be to tamper with the fuel in such a way that it would explode violently when it was heated in the motors. the nitric acid used in the booster stage would make the best reactant. the rocket would be too close to the ground to drop the booster. better check the fuel before the rocket carrying those south american officials blasts off." he turned to roger. "would you like to see how we stake out a place?" "sure," replied roger. "spaceports are always interesting." they left the building and rode to the rocket field. night had fallen and the spaceport lay stark and cold in the beams of large floodlights. three spaceships stood on the field, their bluish sides gleaming in the beams of the floodlights. to the south, a transcontinental rocket rose into the night like a spark from a chimney. the air was bitter with the temperature at eighteen below. "take a look," the police officer handed roger a pair of binoculars. roger placed the instrument to his eyes, and the side of the center rocket leaped toward him. he saw a man in the red overalls of a fuel technician climb the gantry alongside the center rocket and push something into a valve on the side of the booster stage, near its juncture with the main part of the ship. "do you see that mechanic on the center rocket?" roger asked. "let's see," the officer replied and looked toward that rocket. "yes, i see him now. a mechanic shouldn't be pushing anything into that valve. that particular valve is used to jettison fuel in an emergency. a blast of compressed air will usually clear anything out of it. if that doesn't work, the valve has to be taken apart to be cleaned. i'd like to know just what he shoved into that valve." the officer spoke briefly into his pocket radio. four policemen moved toward the entrances that led into the deep pit where the rocket stood. the technician closed the valve and climbed down the ladder. as soon as his feet touched the concrete floor of the pit, he was seized by the waiting policemen. a pistol shot cracked, and the prisoner sagged to the floor with a hole in his chest. instant confusion reigned in the pit, and in that confusion the assassin somehow escaped. when the officer and roger arrived, they found the policemen talking with a fuel technician. the technician left the group and climbed the ladder to the valve. he opened it and inserted a spring operated probe. "the valve's clean," he shouted down. "i'll take off some of the nitric acid." he did so, collecting the liquid in a small sample bottle which he carried on his belt. climbing down the ladder, he handed the bottle to the officer in charge, who handed it to roger. roger unscrewed the cap and cautiously sniffed the contents. "i can't be sure, but if it's what i think it is, you'd better not have the tanks drained until morning. give it a chance to dissolve. otherwise you'll have some left in the tanks. it doesn't react very rapidly at low temperatures." "just what do you think it is?" the officer asked. "well," roger replied, "it's probably some organic compound that would react with the nitric acid to form an explosive nitrate. of course, it could be an ammonium compound that would react to form ammonium nitrate. that would do the job just as well." * * * * * three weeks later the agents were brought to trial for espionage and conspiracy to start a war. the whole story of the arab plot came out. following the lead of the north american union, the south american republic carried out an investigation of its own, and discovered the part the arabs had played in various incidents on the southern continent. later that summer, the gibraltar conference met to settle grievances between the western powers and the league of islam. king ignatius ii of the restored spanish monarchy acted as a mediator. reluctantly the north american union agreed to let the arabs build a spaceport in the sahara, thus giving them a chance to trade directly with the lunar colonies. on their part, the arabs agreed to internationalize the suez canal area, on condition of free passage across the isthmus for arab traffic between egypt and palestine. the arabs refused flatly to allow a re-establishment of the republic of israel, but would allow jews to settle in the holy land under yearly quotas. despite reluctance and bitterness, a compromise was reached, and war was averted ... for the moment. about a week after the trial roger and linda sat at a table in the large spaceport restaurant. through the large window facing the rocket field, they could see clouds driven by an early march wind. intermittent flurries of rain splashed against the glass. roger happened to look up and see an elderly man approaching the table; his face lit up with recognition. "well, professor nolan," he said, offering his hand, "i'm glad to see you." "i'm glad to see that you got out of that trouble all right," nolan replied as they shook hands. "this is my wife, linda," roger said. "we're just about to order lunch. won't you join us?" "it would be a pleasure," replied nolan as he sat down. "i'd like to hear about what happened to you." roger talked as he had punched their order into the robot server, and through most of the meal that arrived a few moments later. when he had finished his story nolan asked him, "do you intend to go back to arctic city, now that this is over?" "no," roger answered, "the pile at arctic city is nearly completed. my part of the work is done anyway. i've been offered a job on the neutron rocket project at the lunar laboratories, and linda and i are leaving for the moon in about an hour. i enjoyed working there before. the moon colonists seem to have something that most earthmen lack.... i guess you'd call it a pioneering spirit, a desire to explore. they are willing to accept new ideas. "but that's enough about myself. i've been wondering how you got away." "simple enough," nolan replied. "the men who were left behind pulled out and left me at the camp when they heard about your rescue. they probably didn't care to kill me if they didn't have to. they left while i was asleep and probably went over the pole into russia. they took my ship, but i was able to call for help with the radio. what happens to them doesn't matter anyway. we'll probably never hear of them again. "i suppose it won't be long before we have colonies on all the planets with that neutron rocket you mentioned." "it'll be a while yet," roger said. "there are a lot of problems involved in the development of a neutron rocket, and as long as we have to use a fuel processed by passing hydrogen through an electric arc and into an expensive organic compound at low temperatures, space travel will be too expensive for anything more than the exploration expeditions that have been sent to mars and venus." the voice of the announcer interrupted them. "the spaceship _goddard_ is loading passengers from tunnel eleven. all passengers must be aboard in twenty minutes." roger and linda rose from the table. "that's our ship," roger said. "we'd better get aboard. goodbye, professor nolan. i hope we meet again." "goodbye, young fellow, and good luck." nolan gripped roger's hand. * * * * * thirty minutes later the professor stood at the window and watched the preparations for blast off. the tail gantry crane moved away from the rocket, and a siren blared forth its warning. the booster motors were started, splashing green flame into the pit and shaking the ground with their roar. the tall ship rose slowly at first, and then more rapidly as it climbed a column of green flame into the clearing sky. it grew small and disappeared. a few minutes later the ship's atomic drive came to life like a tiny new sun that was a beacon on the path to space. none copyright (c) by cory doctorow. licensed under a creative commons attribution-noncommercial-sharealike . license. little brother cory doctorow doctorow@craphound.com &&& read this first this book is distributed under a creative commons attribution-noncommercial-sharealike . license. that means: you are free: * to share � to copy, distribute and transmit the work * to remix � to adapt the work under the following conditions: * attribution. you must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). * noncommercial. you may not use this work for commercial purposes. 	* share alike. if you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one. * for any reuse or distribution, you must make clear to others the license terms of this work. the best way to do this is with a link http://craphound.com/littlebrother * any of the above conditions can be waived if you get my permission more info here: http://creativecommons.org/licenses/by-nc-sa/ . / see the end of this file for the complete legalese. &&& introduction i wrote little brother in a white-hot fury between may , and july , : exactly eight weeks from the day i thought it up to the day i finished it (alice, to whom this book is dedicated, had to put up with me clacking out the final chapter at am in our hotel in rome, where we were celebrating our anniversary). i'd always dreamed of having a book just materialize, fully formed, and come pouring out of my fingertips, no sweat and fuss -- but it wasn't nearly as much fun as i'd thought it would be. there were days when i wrote , words, hunching over my keyboard in airports, on subways, in taxis -- anywhere i could type. the book was trying to get out of my head, no matter what, and i missed so much sleep and so many meals that friends started to ask if i was unwell. when my dad was a young university student in the s, he was one of the few "counterculture" people who thought computers were a good thing. for most young people, computers represented the de-humanization of society. university students were reduced to numbers on a punchcard, each bearing the legend "do not bend, spindle, fold or mutilate," prompting some of the students to wear pins that said, "i am a student: do not bend, spindle, fold or mutilate me." computers were seen as a means to increase the ability of the authorities to regiment people and bend them to their will. when i was a , the world seemed like it was just going to get more free. the berlin wall was about to come down. computers -- which had been geeky and weird a few years before -- were everywhere, and the modem i'd used to connect to local bulletin board systems was now connecting me to the entire world through the internet and commercial online services like genie. my lifelong fascination with activist causes went into overdrive as i saw how the main difficulty in activism -- organizing -- was getting easier by leaps and bounds (i still remember the first time i switched from mailing out a newsletter with hand-written addresses to using a database with mail-merge). in the soviet union, communications tools were being used to bring information -- and revolution -- to the farthest-flung corners of the largest authoritarian state the earth had ever seen. but years later, things are very different. the computers i love are being co-opted, used to spy on us, control us, snitch on us. the national security agency has illegally wiretapped the entire usa and gotten away with it. car rental companies and mass transit and traffic authorities are watching where we go, sending us automated tickets, finking us out to busybodies, cops and bad guys who gain illicit access to their databases. the transport security administration maintains a "no-fly" list of people who'd never been convicted of any crime, but who are nevertheless considered too dangerous to fly. the list's contents are secret. the rule that makes it enforceable is secret. the criteria for being added to the list are secret. it has four-year-olds on it. and us senators. and decorated veterans -- actual war heroes. the year olds i know understand to a nicety just how dangerous a computer can be. the authoritarian nightmare of the s has come home for them. the seductive little boxes on their desks and in their pockets watch their every move, corral them in, systematically depriving them of those new freedoms i had enjoyed and made such good use of in my young adulthood. what's more, kids were clearly being used as guinea-pigs for a new kind of technological state that all of us were on our way to, a world where taking a picture was either piracy (in a movie theater or museum or even a starbucks), or terrorism (in a public place), but where we could be photographed, tracked and logged hundreds of times a day by every tin-pot dictator, cop, bureaucrat and shop-keeper. a world where any measure, including torture, could be justified just by waving your hands and shouting "terrorism! / ! terrorism!" until all dissent fell silent. we don't have to go down that road. if you love freedom, if you think the human condition is dignified by privacy, by the right to be left alone, by the right to explore your weird ideas provided you don't hurt others, then you have common cause with the kids whose web-browsers and cell phones are being used to lock them up and follow them around. if you believe that the answer to bad speech is more speech -- not censorship -- then you have a dog in the fight. if you believe in a society of laws, a land where our rulers have to tell us the rules, and have to follow them too, then you're part of the same struggle that kids fight when they argue for the right to live under the same bill of rights that adults have. this book is meant to be part of the conversation about what an information society means: does it mean total control, or unheard-of liberty? it's not just a noun, it's a verb, it's something you do. &&& do something this book is meant to be something you do, not just something you read. the technology in this book is either real or nearly real. you can build a lot of it. you can share it and remix it (see the copyright thing, below). you can use the ideas to spark important discussions with your friends and family. you can use those ideas to defeat censorship and get onto the free internet, even if your government, employer or school doesn't want you to. making stuff: the folks at instructables have put up some killer howtos for building the technology in this book. it's easy and incredibly fun. there's nothing so rewarding in this world as making stuff, especially stuff that makes you more free: http://www.instructables.com/member/w n t n/ discussions: there's an educator's manual for this book that my publisher, tor, has put together that has tons of ideas for classroom, reading group and home discussions of the ideas in it: http://www.tor-forge.com/static/little_brother_readers_guide.pdf defeat censorship: the afterword for this book has lots of resources for increasing your online freedom, blocking the snoops and evading the censorware blocks. the more people who know about this stuff, the better. your stories: i'm collecting stories of people who've used technology to get the upper hand when confronted with abusive authority. i'm going to be including the best of these in a special afterword to the uk edition (see below) of the book, and i'll be putting them online as well. send me your stories at doctorow@craphound.com, with the subject line "abuses of authority". &&& great britain i'm a canadian, and i've lived in lots of places (including san francisco, the setting for little brother), and now i live in london, england, with my wife alice and our little daughter, poesy. i've lived here (off and on) for five years now, and though i love it to tiny pieces, there's one thing that's always bugged me: my books aren't available here. some stores carried them as special items, imported from the usa, but it wasn't published by a british publisher. that's changed! harpercollins uk has bought the british rights to this book (along with my next young adult novel, for the win), and they're publishing it just a few months after the us edition, on november , (the day after i get back from my honeymoon!). update: november , : and it's on shelves now! the harpercollins edition's a knockout, too! i'm so glad about this, i could bust, honestly. not just because they're finally selling my books in my adopted homeland, but because *i'm raising a daughter here, dammit*, and the surveillance and control mania in this country is starting to scare me bloodless. it seems like the entire police and governance system in britain has fallen in love with dna-swabbing, fingerprinting and video-recording everyone, on the off chance that someday you might do something wrong. in early , the head of scotland yard seriously proposed taking dna from *five-year-olds* who display "offending traits" because they'll probably grow up to be criminals. the next week, the london police put up posters asking us all to turn in people who seem to be taking pictures of the ubiquitous cctv spy-cameras because anyone who pays too much attention to the surveillance machine is probably a terrorist. america isn't the only country that lost its mind this decade. britain's right there in the nuthouse with it, dribbling down its shirt front and pointing its finger at the invisible bogeymen and screaming until it gets its meds. we need to be having this conversation all over the planet. want to get a copy in the uk? sure thing! http://craphound.com/littlebrother/buy/#uk &&& other editions my agent, russell galen (and his sub-agent danny baror) did an amazing job of pre-selling rights to little brother in many languages and formats. here's the list as of today (may , ). i'll be updating it as more editions are sold, so feel free to grab another copy of this file (http://craphound.com/littlebrother/download) if there's an edition you're hoping to see, or see http://craphound.com/littlebrother/buy/ for links to buy all the currently shipping editions. * audiobook from random house: http://www.randomhouse.com/audio/littlebrotheraudiobook a condition of my deal with random house is that they're not allowed to release this on services that use "drm" (digital rights management) systems intended to control use and copying. that means that you won't find this book on audible or itunes, because audible refuses to sell books without drm (even if the author and publisher don't want drm), and itunes only carries audible audiobooks. however, you can buy the mp file direct from randomhouse or many other fine etailers, or through this widget: http://www.zipidee.com/zipidaudiopreview.aspx?aid=c a e -fd c- b e-a -f bba de * my foreign rights agent, danny baror, has presold a number of foreign editions: 	* greece: pataki 	* russia: ast publishing 	* france: universe poche 	* norway: det norske samlaget no publication dates yet for these, but i'll keep updating this file as more information is available. you can also subscribe to my mailing list for more info. &&& the copyright thing the creative commons license at the top of this file probably tipped you off to the fact that i've got some pretty unorthodox views about copyright. here's what i think of it, in a nutshell: a little goes a long way, and more than that is too much. i like the fact that copyright lets me sell rights to my publishers and film studios and so on. it's nice that they can't just take my stuff without permission and get rich on it without cutting me in for a piece of the action. i'm in a pretty good position when it comes to negotiating with these companies: i've got a great agent and a decade's experience with copyright law and licensing (including a stint as a delegate at wipo, the un agency that makes the world's copyright treaties). what's more, there's just not that many of these negotiations -- even if i sell fifty or a hundred different editions of little brother (which would put it in top millionth of a percentile for fiction), that's still only a hundred negotiations, which i could just about manage. i *hate* the fact that fans who want to do what readers have always done are expected to play in the same system as all these hotshot agents and lawyers. it's just *stupid* to say that an elementary school classroom should have to talk to a lawyer at a giant global publisher before they put on a play based on one of my books. it's ridiculous to say that people who want to "loan" their electronic copy of my book to a friend need to get a *license* to do so. loaning books has been around longer than any publisher on earth, and it's a fine thing. i recently saw neil gaiman give a talk at which someone asked him how he felt about piracy of his books. he said, "hands up in the audience if you discovered your favorite writer for free -- because someone loaned you a copy, or because someone gave it to you? now, hands up if you found your favorite writer by walking into a store and plunking down cash." overwhelmingly, the audience said that they'd discovered their favorite writers for free, on a loan or as a gift. when it comes to my favorite writers, there's no boundaries: i'll buy every book they publish, just to own it (sometimes i buy two or three, to give away to friends who *must* read those books). i pay to see them live. i buy t-shirts with their book-covers on them. i'm a customer for life. neil went on to say that he was part of the tribe of readers, the tiny minority of people in the world who read for pleasure, buying books because they love them. one thing he knows about everyone who downloads his books on the internet without permission is that they're *readers*, they're people who love books. people who study the habits of music-buyers have discovered something curious: the biggest pirates are also the biggest spenders. if you pirate music all night long, chances are you're one of the few people left who also goes to the record store (remember those?) during the day. you probably go to concerts on the weekend, and you probably check music out of the library too. if you're a member of the red-hot music-fan tribe, you do lots of *everything* that has to do with music, from singing in the shower to paying for black-market vinyl bootlegs of rare eastern european covers of your favorite death-metal band. same with books. i've worked in new bookstores, used bookstores and libraries. i've hung out in pirate ebook ("bookwarez") places online. i'm a stone used bookstore junkie, and i go to book fairs for fun. and you know what? it's the same people at all those places: book fans who do lots of everything that has to do with books. i buy weird, fugly pirate editions of my favorite books in china because they're weird and fugly and look great next to the eight or nine other editions that i paid full-freight for of the same books. i check books out of the library, google them when i need a quote, carry dozens around on my phone and hundreds on my laptop, and have (at this writing) more than , of them in storage lockers in london, los angeles and toronto. if i could loan out my physical books without giving up possession of them, i *would*. the fact that i can do so with digital files is not a bug, it's a feature, and a damned fine one. it's embarrassing to see all these writers and musicians and artists bemoaning the fact that art just got this wicked new feature: the ability to be shared without losing access to it in the first place. it's like watching restaurant owners crying down their shirts about the new free lunch machine that's feeding the world's starving people because it'll force them to reconsider their business-models. yes, that's gonna be tricky, but let's not lose sight of the main attraction: free lunches! universal access to human knowledge is in our grasp, for the first time in the history of the world. this is not a bad thing. in case that's not enough for you, here's my pitch on why giving away ebooks makes sense at this time and place: giving away ebooks gives me artistic, moral and commercial satisfaction. the commercial question is the one that comes up most often: how can you give away free ebooks and still make money? for me -- for pretty much every writer -- the big problem isn't piracy, it's obscurity (thanks to tim o'reilly for this great aphorism). of all the people who failed to buy this book today, the majority did so because they never heard of it, not because someone gave them a free copy. mega-hit best-sellers in science fiction sell half a million copies -- in a world where , attend the san diego comic con alone, you've got to figure that most of the people who "like science fiction" (and related geeky stuff like comics, games, linux, and so on) just don't really buy books. i'm more interested in getting more of that wider audience into the tent than making sure that everyone who's in the tent bought a ticket to be there. ebooks are verbs, not nouns. you copy them, it's in their nature. and many of those copies have a destination, a person they're intended for, a hand-wrought transfer from one person to another, embodying a personal recommendation between two people who trust each other enough to share bits. that's the kind of thing that authors (should) dream of, the proverbial sealing of the deal. by making my books available for free pass-along, i make it easy for people who love them to help other people love them. what's more, i don't see ebooks as substitute for paper books for most people. it's not that the screens aren't good enough, either: if you're anything like me, you already spend every hour you can get in front of the screen, reading text. but the more computer-literate you are, the less likely you are to be reading long-form works on those screens -- that's because computer-literate people do more things with their computers. we run im and email and we use the browser in a million diverse ways. we have games running in the background, and endless opportunities to tinker with our music libraries. the more you do with your computer, the more likely it is that you'll be interrupted after five to seven minutes to do something else. that makes the computer extremely poorly suited to reading long-form works off of, unless you have the iron self-discipline of a monk. the good news (for writers) is that this means that ebooks on computers are more likely to be an enticement to buy the printed book (which is, after all, cheap, easily had, and easy to use) than a substitute for it. you can probably read just enough of the book off the screen to realize you want to be reading it on paper. so ebooks sell print books. every writer i've heard of who's tried giving away ebooks to promote paper books has come back to do it again. that's the commercial case for doing free ebooks. now, onto the artistic case. it's the twenty-first century. copying stuff is never, ever going to get any harder than it is today (or if it does, it'll be because civilization has collapsed, at which point we'll have other problems). hard drives aren't going to get bulkier, more expensive, or less capacious. networks won't get slower or harder to access. if you're not making art with the intention of having it copied, you're not really making art for the twenty-first century. there's something charming about making work you don't want to be copied, in the same way that it's nice to go to a pioneer village and see the olde-timey blacksmith shoeing a horse at his traditional forge. but it's hardly, you know, *contemporary*. i'm a science fiction writer. it's my job to write about the future (on a good day) or at least the present. art that's not supposed to be copied is from the past. finally, let's look at the moral case. copying stuff is natural. it's how we learn (copying our parents and the people around us). my first story, written when i was six, was an excited re-telling of star wars, which i'd just seen in the theater. now that the internet -- the world's most efficient copying machine -- is pretty much everywhere, our copying instinct is just going to play out more and more. there's no way i can stop my readers, and if i tried, i'd be a hypocrite: when i was , i was making mix-tapes, photocopying stories, and generally copying in every way i could imagine. if the internet had been around then, i'd have been using it to copy as much as i possibly could. there's no way to stop it, and the people who try end up doing more harm than piracy ever did. the record industry's ridiculous holy war against file-sharers (more than , music fans sued and counting!) exemplifies the absurdity of trying to get the food-coloring out of the swimming pool. if the choice is between allowing copying or being a frothing bully lashing out at anything he can reach, i choose the former. &&& donations and a word to teachers and librarians every time i put a book online for free, i get emails from readers who want to send me donations for the book. i appreciate their generous spirit, but i'm not interested in cash donations, because my publishers are really important to me. they contribute immeasurably to the book, improving it, introducing it to audience i could never reach, helping me do more with my work. i have no desire to cut them out of the loop. but there has to be some good way to turn that generosity to good use, and i think i've found it. here's the deal: there are lots of teachers and librarians who'd love to get hard-copies of this book into their kids' hands, but don't have the budget for it (teachers in the us spend around $ , out of pocket each on classroom supplies that their budgets won't stretch to cover, which is why i sponsor a classroom at ivanhoe elementary in my old neighborhood in los angeles; you can adopt a class yourself here: http://www.adoptaclassroom.org/). there are generous people who want to send some cash my way to thank me for the free ebooks. i'm proposing that we put them together. if you're a teacher or librarian and you want a free copy of little brother, email freelittlebrother@gmail.com with your name and the name and address of your school. it'll be posted to http://craphound.com/littlebrother/category/donate/ by my fantastic helper, olga nunes, so that potential donors can see it. if you enjoyed the electronic edition of little brother and you want to donate something to say thanks, go to http://craphound.com/littlebrother/donate/ and find a teacher or librarian you want to support. then go to amazon, bn.com, or your favorite electronic bookseller and order a copy to the classroom, then email a copy of the receipt (feel free to delete your address and other personal info first!) to freelittlebrother@gmail.com so that olga can mark that copy as sent. if you don't want to be publicly acknowledged for your generosity, let us know and we'll keep you anonymous, otherwise we'll thank you on the donate page. i have no idea if this will end up with hundreds, dozens or just a few copies going out -- but i have high hopes! &&& dedication for alice, who makes me whole &&& quotes "a rousing tale of techno-geek rebellion, as necessary and dangerous as file sharing, free speech, and bottled water on a plane." scott westerfeld, author of uglies and extras # "i can talk about little brother in terms of its bravura political speculation or its brilliant uses of technology -- each of which make this book a must-read -- but, at the end of it all, i'm haunted by the universality of marcus's rite-of-passage and struggle, an experience any teen today is going to grasp: the moment when you choose what your life will mean and how to achieve it." steven c gould, author of jumper and reflex # i'd recommend little brother over pretty much any book i've read this year, and i'd want to get it into the hands of as many smart year olds, male and female, as i can. because i think it'll change lives. because some kids, maybe just a few, won't be the same after they've read it. maybe they'll change politically, maybe technologically. maybe it'll just be the first book they loved or that spoke to their inner geek. maybe they'll want to argue about it and disagree with it. maybe they'll want to open their computer and see what's in there. i don't know. it made me want to be again right now and reading it for the first time, and then go out and make the world better or stranger or odder. it's a wonderful, important book, in a way that renders its flaws pretty much meaningless. neil gaiman, author of anansi boys # little brother is a scarily realistic adventure about how homeland security technology could be abused to wrongfully imprison innocent americans. a teenage hacker-turned-hero pits himself against the government to fight for his basic freedoms. this book is action-packed with tales of courage, technology, and demonstrations of digital disobedience as the technophile's civil protest." bunnie huang, author of hacking the xbox # cory doctorow is a fast and furious storyteller who gets all the details of alternate reality gaming right, while offering a startling, new vision of how these games might play out in the high-stakes context of a terrorist attack. little brother is a brilliant novel with a bold argument: hackers and gamers might just be our country's best hope for the future. jane mcgonical, designer, i love bees # the right book at the right time from the right author -- and, not entirely coincidentally, cory doctorow's best novel yet. john scalzi, author of old man's war # it's about growing up in the near future where things have kept going on the way they've been going, and it's about hacking as a habit of mind, but mostly it's about growing up and changing and looking at the world and asking what you can do about that. the teenage voice is pitch-perfect. i couldn't put it down, and i loved it. jo walton, author of farthing # a worthy younger sibling to orwell's , cory doctorow's little brother is lively, precocious, and most importantly, a little scary. brian k vaughn, author of y: the last man # "little brother" sounds an optimistic warning. it extrapolates from current events to remind us of the ever-growing threats to liberty. but it also notes that liberty ultimately resides in our individual attitudes and actions. in our increasingly authoritarian world, i especially hope that teenagers and young adults will read it -- and then persuade their peers, parents and teachers to follow suit. dan gillmor, author of we, the media &&& about the bookstore dedications every chapter of this file has been dedicated to a different bookstore, and in each case, it's a store that i love, a store that's helped me discover books that opened my mind, a store that's helped my career along. the stores didn't pay me anything for this -- i haven't even told them about it -- but it seems like the right thing to do. after all, i'm hoping that you'll read this ebook and decide to buy the paper book, so it only makes sense to suggest a few places you can pick it up! &&& chapter [[this chapter is dedicated to bakkaphoenix books in toronto, canada. bakka is the oldest science fiction bookstore in the world, and it made me the mutant i am today. i wandered in for the first time around the age of and asked for some recommendations. tanya huff (yes, *the* tanya huff, but she wasn't a famous writer back then!) took me back into the used section and pressed a copy of h. beam piper's "little fuzzy" into my hands, and changed my life forever. by the time i was , i was working at bakka -- i took over from tanya when she retired to write full time -- and i learned life-long lessons about how and why people buy books. i think every writer should work at a bookstore (and plenty of writers have worked at bakka over the years! for the th anniversary of the store, they put together an anthology of stories by bakka writers that included work by michelle sagara (aka michelle west), tanya huff, nalo hopkinson, tara tallan --and me!)]] [[bakkaphoenix books: http://www.bakkaphoenixbooks.com/ queen street west, toronto on canada m j e , + ]] i'm a senior at cesar chavez high in san francisco's sunny mission district, and that makes me one of the most surveilled people in the world. my name is marcus yallow, but back when this story starts, i was going by w n t n. pronounced "winston." *not* pronounced "double-you-one-enn-five-tee-zero-enn" -- unless you're a clueless disciplinary officer who's far enough behind the curve that you still call the internet "the information superhighway." i know just such a clueless person, and his name is fred benson, one of three vice-principals at cesar chavez. he's a sucking chest wound of a human being. but if you're going to have a jailer, better a clueless one than one who's really on the ball. "marcus yallow," he said over the pa one friday morning. the pa isn't very good to begin with, and when you combine that with benson's habitual mumble, you get something that sounds more like someone struggling to digest a bad burrito than a school announcement. but human beings are good at picking their names out of audio confusion -- it's a survival trait. i grabbed my bag and folded my laptop three-quarters shut -- i didn't want to blow my downloads -- and got ready for the inevitable. "report to the administration office immediately." my social studies teacher, ms galvez, rolled her eyes at me and i rolled my eyes back at her. the man was always coming down on me, just because i go through school firewalls like wet kleenex, spoof the gait-recognition software, and nuke the snitch chips they track us with. galvez is a good type, anyway, never holds that against me (especially when i'm helping get with her webmail so she can talk to her brother who's stationed in iraq). my boy darryl gave me a smack on the ass as i walked past. i've known darryl since we were still in diapers and escaping from play-school, and i've been getting him into and out of trouble the whole time. i raised my arms over my head like a prizefighter and made my exit from social studies and began the perp-walk to the office. i was halfway there when my phone went. that was another no-no -- phones are muy prohibido at chavez high -- but why should that stop me? i ducked into the toilet and shut myself in the middle stall (the furthest stall is always grossest because so many people head straight for it, hoping to escape the smell and the squick -- the smart money and good hygiene is down the middle). i checked the phone -- my home pc had sent it an email to tell it that there was something new up on harajuku fun madness, which happens to be the best game ever invented. i grinned. spending fridays at school was teh suck anyway, and i was glad of the excuse to make my escape. i ambled the rest of the way to benson's office and tossed him a wave as i sailed through the door. "if it isn't double-you-one-enn-five-tee-zero-enn," he said. fredrick benson -- social security number - - , date of birth august , mother's maiden name di bona, hometown petaluma -- is a lot taller than me. i'm a runty ' ", while he stands ' ", and his college basketball days are far enough behind him that his chest muscles have turned into saggy man-boobs that were painfully obvious through his freebie dot-com polo-shirts. he always looks like he's about to slam-dunk your ass, and he's really into raising his voice for dramatic effect. both these start to lose their efficacy with repeated application. "sorry, nope," i said. "i never heard of this r d character of yours." "w n t n," he said, spelling it out again. he gave me a hairy eyeball and waited for me to wilt. of course it was my handle, and had been for years. it was the identity i used when i was posting on message-boards where i was making my contributions to the field of applied security research. you know, like sneaking out of school and disabling the minder-tracer on my phone. but he didn't know that this was my handle. only a small number of people did, and i trusted them all to the end of the earth. "um, not ringing any bells," i said. i'd done some pretty cool stuff around school using that handle -- i was very proud of my work on snitch-tag killers -- and if he could link the two identities, i'd be in trouble. no one at school ever called me w n t n or even winston. not even my pals. it was marcus or nothing. benson settled down behind his desk and tapped his class-ring nervously on his blotter. he did this whenever things started to go bad for him. poker players call stuff like this a "tell" -- something that let you know what was going on in the other guy's head. i knew benson's tells backwards and forwards. "marcus, i hope you realize how serious this is." "i will just as soon as you explain what this is, sir." i always say "sir" to authority figures when i'm messing with them. it's my own tell. he shook his head at me and looked down, another tell. any second now, he was going to start shouting at me. "listen, kiddo! it's time you came to grips with the fact that we know about what you've been doing, and that we're not going to be lenient about it. you're going to be lucky if you're not expelled before this meeting is through. do you want to graduate?" "mr benson, you still haven't explained what the problem is --" he slammed his hand down on the desk and then pointed his finger at me. "the *problem*, mr yallow, is that you've been engaged in criminal conspiracy to subvert this school's security system, and you have supplied security countermeasures to your fellow students. you know that we expelled graciella uriarte last week for using one of your devices." uriarte had gotten a bad rap. she'd bought a radio-jammer from a head-shop near the th street bart station and it had set off the countermeasures in the school hallway. not my doing, but i felt for her. "and you think i'm involved in that?" "we have reliable intelligence indicating that you are w n t n" -- again, he spelled it out, and i began to wonder if he hadn't figured out that the was an i and the was an s. "we know that this w n t n character is responsible for the theft of last year's standardized tests." that actually hadn't been me, but it was a sweet hack, and it was kind of flattering to hear it attributed to me. "and therefore liable for several years in prison unless you cooperate with me." "you have 'reliable intelligence'? i'd like to see it." he glowered at me. "your attitude isn't going to help you." "if there's evidence, sir, i think you should call the police and turn it over to them. it sounds like this is a very serious matter, and i wouldn't want to stand in the way of a proper investigation by the duly constituted authorities." "you want me to call the police." "and my parents, i think. that would be for the best." we stared at each other across the desk. he'd clearly expected me to fold the second he dropped the bomb on me. i don't fold. i have a trick for staring down people like benson. i look slightly to the left of their heads, and think about the lyrics to old irish folk songs, the kinds with three hundred verses. it makes me look perfectly composed and unworried. *and the wing was on the bird and the bird was on the egg and the egg was in the nest and the nest was on the leaf and the leaf was on the twig and the twig was on the branch and the branch was on the limb and the limb was in the tree and the tree was in the bog -- the bog down in the valley-oh! high-ho the rattlin' bog, the bog down in the valley-oh --* "you can return to class now," he said. "i'll call on you once the police are ready to speak to you." "are you going to call them now?" "the procedure for calling in the police is complicated. i'd hoped that we could settle this fairly and quickly, but since you insist --" "i can wait while you call them is all," i said. "i don't mind." he tapped his ring again and i braced for the blast. "*go!*" he yelled. "get the hell out of my office, you miserable little --" i got out, keeping my expression neutral. he wasn't going to call the cops. if he'd had enough evidence to go to the police with, he would have called them in the first place. he hated my guts. i figured he'd heard some unverified gossip and hoped to spook me into confirming it. i moved down the corridor lightly and sprightly, keeping my gait even and measured for the gait-recognition cameras. these had been installed only a year before, and i loved them for their sheer idiocy. beforehand, we'd had face-recognition cameras covering nearly every public space in school, but a court ruled that was unconstitutional. so benson and a lot of other paranoid school administrators had spent our textbook dollars on these idiot cameras that were supposed to be able to tell one person's walk from another. yeah, right. i got back to class and sat down again, ms galvez warmly welcoming me back. i unpacked the school's standard-issue machine and got back into classroom mode. the schoolbooks were the snitchiest technology of them all, logging every keystroke, watching all the network traffic for suspicious keywords, counting every click, keeping track of every fleeting thought you put out over the net. we'd gotten them in my junior year, and it only took a couple months for the shininess to wear off. once people figured out that these "free" laptops worked for the man -- and showed a never-ending parade of obnoxious ads to boot -- they suddenly started to feel very heavy and burdensome. cracking my schoolbook had been easy. the crack was online within a month of the machine showing up, and there was nothing to it -- just download a dvd image, burn it, stick it in the schoolbook, and boot it while holding down a bunch of different keys at the same time. the dvd did the rest, installing a whole bunch of hidden programs on the machine, programs that would stay hidden even when the board of ed did its daily remote integrity checks of the machines. every now and again i had to get an update for the software to get around the board's latest tests, but it was a small price to pay to get a little control over the box. i fired up imparanoid, the secret instant messenger that i used when i wanted to have an off-the-record discussion right in the middle of class. darryl was already logged in. > the game's afoot! something big is going down with harajuku fun madness, dude. you in? > no. freaking. way. if i get caught ditching a third time, i'm expelled. man, you know that. we'll go after school. > you've got lunch and then study-hall, right? that's two hours. plenty of time to run down this clue and get back before anyone misses us. i'll get the whole team out. harajuku fun madness is the best game ever made. i know i already said that, but it bears repeating. it's an arg, an alternate reality game, and the story goes that a gang of japanese fashion-teens discovered a miraculous healing gem at the temple in harajuku, which is basically where cool japanese teenagers invented every major subculture for the past ten years. they're being hunted by evil monks, the yakuza (aka the japanese mafia), aliens, tax-inspectors, parents, and a rogue artificial intelligence. they slip the players coded messages that we have to decode and use to track down clues that lead to more coded messages and more clues. imagine the best afternoon you've ever spent prowling the streets of a city, checking out all the weird people, funny hand-bills, street-maniacs, and funky shops. now add a scavenger hunt to that, one that requires you to research crazy old films and songs and teen culture from around the world and across time and space. and it's a competition, with the winning team of four taking a grand prize of ten days in tokyo, chilling on harajuku bridge, geeking out in akihabara, and taking home all the astro boy merchandise you can eat. except that he's called "atom boy" in japan. that's harajuku fun madness, and once you've solved a puzzle or two, you'll never look back. > no man, just no. no. don't even ask. > i need you d. you're the best i've got. i swear i'll get us in and out without anyone knowing it. you know i can do that, right? > i know you can do it > so you're in? > hell no > come on, darryl. you're not going to your deathbed wishing you'd spent more study periods sitting in school > i'm not going to go to my deathbed wishing i'd spent more time playing args either > yeah but don't you think you might go to your death-bed wishing you'd spent more time with vanessa pak? van was part of my team. she went to a private girl's school in the east bay, but i knew she'd ditch to come out and run the mission with me. darryl has had a crush on her literally for years -- even before puberty endowed her with many lavish gifts. darryl had fallen in love with her mind. sad, really. > you suck > you're coming? he looked at me and shook his head. then he nodded. i winked at him and set to work getting in touch with the rest of my team. # i wasn't always into arging. i have a dark secret: i used to be a larper. larping is live action role playing, and it's just about what it sounds like: running around in costume, talking in a funny accent, pretending to be a super-spy or a vampire or a medieval knight. it's like capture the flag in monster-drag, with a bit of drama club thrown in, and the best games were the ones we played in scout camps out of town in sonoma or down on the peninsula. those three-day epics could get pretty hairy, with all-day hikes, epic battles with foam-and-bamboo swords, casting spells by throwing beanbags and shouting "fireball!" and so on. good fun, if a little goofy. not nearly as geeky as talking about what your elf planned on doing as you sat around a table loaded with diet coke cans and painted miniatures, and more physically active than going into a mouse-coma in front of a massively multiplayer game at home. the thing that got me into trouble were the mini-games in the hotels. whenever a science fiction convention came to town, some larper would convince them to let us run a couple of six-hour mini-games at the con, piggybacking on their rental of the space. having a bunch of enthusiastic kids running around in costume lent color to the event, and we got to have a ball among people even more socially deviant than us. the problem with hotels is that they have a lot of non-gamers in them, too -- and not just sci-fi people. normal people. from states that begin and end with vowels. on holidays. and sometimes those people misunderstand the nature of a game. let's just leave it at that, ok? # class ended in ten minutes, and that didn't leave me with much time to prepare. the first order of business were those pesky gait-recognition cameras. like i said, they'd started out as face-recognition cameras, but those had been ruled unconstitutional. as far as i know, no court has yet determined whether these gait-cams are any more legal, but until they do, we're stuck with them. "gait" is a fancy word for the way you walk. people are pretty good at spotting gaits -- next time you're on a camping trip, check out the bobbing of the flashlight as a distant friend approaches you. chances are you can identify him just from the movement of the light, the characteristic way it bobs up and down that tells our monkey brains that this is a person approaching us. gait recognition software takes pictures of your motion, tries to isolate you in the pics as a silhouette, and then tries to match the silhouette to a database to see if it knows who you are. it's a biometric identifier, like fingerprints or retina-scans, but it's got a lot more "collisions" than either of those. a biometric "collision" is when a measurement matches more than one person. only you have your fingerprint, but you share your gait with plenty other people. not exactly, of course. your personal, inch-by-inch walk is yours and yours alone. the problem is your inch-by-inch walk changes based on how tired you are, what the floor is made of, whether you pulled your ankle playing basketball, and whether you've changed your shoes lately. so the system kind of fuzzes-out your profile, looking for people who walk kind of like you. there are a lot of people who walk kind of like you. what's more, it's easy not to walk kind of like you -- just take one shoe off. of course, you'll always walk like you-with-one-shoe-off in that case, so the cameras will eventually figure out that it's still you. which is why i prefer to inject a little randomness into my attacks on gait-recognition: i put a handful of gravel into each shoe. cheap and effective, and no two steps are the same. plus you get a great reflexology foot massage in the process (i kid. reflexology is about as scientifically useful as gait-recognition). the cameras used to set off an alert every time someone they didn't recognize stepped onto campus. this did *not* work. the alarm went off every ten minutes. when the mailman came by. when a parent dropped in. when the grounds-people went to work fixing up the basketball court. when a student showed up wearing new shoes. so now it just tries to keep track of who's where and when. if someone leaves by the school-gates during classes, their gait is checked to see if it kinda-sorta matches any student gait and if it does, whoop-whoop-whoop, ring the alarm! chavez high is ringed with gravel walkways. i like to keep a couple handsful of rocks in my shoulder-bag, just in case. i silently passed darryl ten or fifteen pointy little bastards and we both loaded our shoes. class was about to finish up -- and i realized that i still hadn't checked the harajuku fun madness site to see where the next clue was! i'd been a little hyper-focused on the escape, and hadn't bothered to figure out where we were escaping *to*. i turned to my schoolbook and hit the keyboard. the web-browser we used was supplied with the machine. it was a locked-down spyware version of internet explorer, microsoft's crashware turd that no one under the age of used voluntarily. i had a copy of firefox on the usb drive built into my watch, but that wasn't enough -- the schoolbook ran windows vista schools, an antique operating system designed to give school administrators the illusion that they controlled the programs their students could run. but vista schools is its own worst enemy. there are a lot of programs that vista schools doesn't want you to be able to shut down -- keyloggers, censorware -- and these programs run in a special mode that makes them invisible to the system. you can't quit them because you can't even see they're there. any program whose name starts with $sys$ is invisible to the operating system. it doesn't show up on listings of the hard drive, nor in the process monitor. so my copy of firefox was called $sys$firefox -- and as i launched it, it became invisible to windows, and so invisible to the network's snoopware. now i had an indie browser running, i needed an indie network connection. the school's network logged every click in and out of the system, which was bad news if you were planning on surfing over to the harajuku fun madness site for some extra-curricular fun. the answer is something ingenious called tor -- the onion router. an onion router is an internet site that takes requests for web-pages and passes them onto other onion routers, and on to other onion routers, until one of them finally decides to fetch the page and pass it back through the layers of the onion until it reaches you. the traffic to the onion-routers is encrypted, which means that the school can't see what you're asking for, and the layers of the onion don't know who they're working for. there are millions of nodes -- the program was set up by the us office of naval research to help their people get around the censorware in countries like syria and china, which means that it's perfectly designed for operating in the confines of an average american high school. tor works because the school has a finite blacklist of naughty addresses we aren't allowed to visit, and the addresses of the nodes change all the time -- no way could the school keep track of them all. firefox and tor together made me into the invisible man, impervious to board of ed snooping, free to check out the harajuku fm site and see what was up. there it was, a new clue. like all harajuku fun madness clues, it had a physical, online and mental component. the online component was a puzzle you had to solve, one that required you to research the answers to a bunch of obscure questions. this batch included a bunch of questions on the plots in dojinshi -- those are comic books drawn by fans of manga, japanese comics. they can be as big as the official comics that inspire them, but they're a lot weirder, with crossover story-lines and sometimes really silly songs and action. lots of love stories, of course. everyone loves to see their favorite toons hook up. i'd have to solve those riddles later, when i got home. they were easiest to solve with the whole team, downloading tons of dojinshi files and scouring them for answers to the puzzles. i'd just finished scrap-booking all the clues when the bell rang and we began our escape. i surreptitiously slid the gravel down the side of my short boots -- ankle-high blundstones from australia, great for running and climbing, and the easy slip-on/slip-off laceless design makes them convenient at the never-ending metal-detectors that are everywhere now. we also had to evade physical surveillance, of course, but that gets easier every time they add a new layer of physical snoopery -- all the bells and whistles lull our beloved faculty into a totally false sense of security. we surfed the crowd down the hallways, heading for my favorite side-exit. we were halfway along when darryl hissed, "crap! i forgot, i've got a library book in my bag." "you're kidding me," i said, and hauled him into the next bathroom we passed. library books are bad news. every one of them has an arphid -- radio frequency id tag -- glued into its binding, which makes it possible for the librarians to check out the books by waving them over a reader, and lets a library shelf tell you if any of the books on it are out of place. but it also lets the school track where you are at all times. it was another of those legal loopholes: the courts wouldn't let the schools track *us* with arphids, but they could track *library books*, and use the school records to tell them who was likely to be carrying which library book. i had a little faraday pouch in my bag -- these are little wallets lined with a mesh of copper wires that effectively block radio energy, silencing arphids. but the pouches were made for neutralizing id cards and toll-booth transponders, not books like -- "introduction to physics?" i groaned. the book was the size of a dictionary. &&& chapter [[this chapter is dedicated to amazon.com, the largest internet bookseller in the world. amazon is *amazing* -- a "store" where you can get practically any book ever published (along with practically everything else, from laptops to cheese-graters), where they've elevated recommendations to a high art, where they allow customers to directly communicate with each other, where they are constantly inventing new and better ways of connecting books with readers. amazon has always treated me like gold -- the founder, jeff bezos, even posted a reader-review for my first novel! -- and i shop there like crazy (looking at my spreadsheets, it appears that i buy something from amazon approximately every *six days*). amazon's in the process of reinventing what it means to be a bookstore in the twenty-first century and i can't think of a better group of people to be facing down that thorny set of problems.]] [[amazon: http://www.amazon.com/exec/obidos/asin/ /downandoutint- ]] "i'm thinking of majoring in physics when i go to berkeley," darryl said. his dad taught at the university of california at berkeley, which meant he'd get free tuition when he went. and there'd never been any question in darryl's household about whether he'd go. "fine, but couldn't you research it online?" "my dad said i should read it. besides, i didn't plan on committing any crimes today." "skipping school isn't a crime. it's an infraction. they're totally different." "what are we going to do, marcus?" "well, i can't hide it, so i'm going to have to nuke it." killing arphids is a dark art. no merchant wants malicious customers going for a walk around the shop-floor and leaving behind a bunch of lobotomized merchandise that is missing its invisible bar-code, so the manufacturers have refused to implement a "kill signal" that you can radio to an arphid to get it to switch off. you can reprogram arphids with the right box, but i hate doing that to library books. it's not exactly tearing pages out of a book, but it's still bad, since a book with a reprogrammed arphid can't be shelved and can't be found. it just becomes a needle in a haystack. that left me with only one option: nuking the thing. literally. seconds in a microwave will do in pretty much every arphid on the market. and because the arphid wouldn't answer at all when d checked it back in at the library, they'd just print a fresh one for it and recode it with the book's catalog info, and it would end up clean and neat back on its shelf. all we needed was a microwave. "give it another two minutes and the teacher's lounge will be empty," i said. darryl grabbed his book at headed for the door. "forget it, no way. i'm going to class." i snagged his elbow and dragged him back. "come on, d, easy now. it'll be fine." "the *teacher's lounge*? maybe you weren't listening, marcus. if i get busted *just once more*, i am *expelled.* you hear that? *expelled.*" "you won't get caught," i said. the one place a teacher wouldn't be after this period was the lounge. "we'll go in the back way." the lounge had a little kitchenette off to one side, with its own entrance for teachers who just wanted to pop in and get a cup of joe. the microwave -- which always reeked of popcorn and spilled soup -- was right in there, on top of the miniature fridge. darryl groaned. i thought fast. "look, the bell's *already rung*. if you go to study hall now, you'll get a late-slip. better not to show at all at this point. i can infiltrate and exfiltrate any room on this campus, d. you've seen me do it. i'll keep you safe, bro." he groaned again. that was one of darryl's tells: once he starts groaning, he's ready to give in. "let's roll," i said, and we took off. it was flawless. we skirted the classrooms, took the back stairs into the basement, and came up the front stairs right in front of the teachers' lounge. not a sound came from the door, and i quietly turned the knob and dragged darryl in before silently closing the door. the book just barely fit in the microwave, which was looking even less sanitary than it had the last time i'd popped in here to use it. i conscientiously wrapped it in paper towels before i set it down. "man, teachers are *pigs*," i hissed. darryl, white faced and tense, said nothing. the arphid died in a shower of sparks, which was really quite lovely (though not nearly as pretty as the effect you get when you nuke a frozen grape, which has to be seen to be believed). now, to exfiltrate the campus in perfect anonymity and make our escape. darryl opened the door and began to move out, me on his heels. a second later, he was standing on my toes, elbows jammed into my chest, as he tried to back-pedal into the closet-sized kitchen we'd just left. "get back," he whispered urgently. "quick -- it's charles!" charles walker and i don't get along. we're in the same grade, and we've known each other as long as i've known darryl, but that's where the resemblance ends. charles has always been big for his age, and now that he's playing football and on the juice, he's even bigger. he's got anger management problems -- i lost a milk-tooth to him in the third grade, and he's managed to keep from getting in trouble over them by becoming the most active snitch in school. it's a bad combination, a bully who also snitches, taking great pleasure in going to the teachers with whatever infractions he's found. benson *loved* charles. charles liked to let on that he had some kind of unspecified bladder problem, which gave him a ready-made excuse to prowl the hallways at chavez, looking for people to fink on. the last time charles had caught some dirt on me, it had ended with me giving up larping. i had no intention of being caught by him again. "what's he doing?" "he's coming this way is what he's doing," darryl said. he was shaking. "ok," i said. "ok, time for emergency countermeasures." i got my phone out. i'd planned this well in advance. charles would never get me again. i emailed my server at home, and it got into motion. a few seconds later, charles's phone spazzed out spectacularly. i'd had tens of thousands of simultaneous random calls and text messages sent to it, causing every chirp and ring it had to go off and keep on going off. the attack was accomplished by means of a botnet, and for that i felt bad, but it was in the service of a good cause. botnets are where infected computers spend their afterlives. when you get a worm or a virus, your computer sends a message to a chat channel on irc -- the internet relay chat. that message tells the botmaster -- the guy who deployed the worm -- that the computers are there ready to do his bidding. botnets are supremely powerful, since they can comprise thousands, even hundreds of thousands of computers, scattered all over the internet, connected to juicy high-speed connections and running on fast home pcs. those pcs normally function on behalf of their owners, but when the botmaster calls them, they rise like zombies to do his bidding. there are so many infected pcs on the internet that the price of hiring an hour or two on a botnet has crashed. mostly these things work for spammers as cheap, distributed spambots, filling your mailbox with come-ons for boner-pills or with new viruses that can infect you and recruit your machine to join the botnet. i'd just rented seconds' time on three thousand pcs and had each of them send a text message or voice-over-ip call to charles's phone, whose number i'd extracted from a sticky note on benson's desk during one fateful office-visit. needless to say, charles's phone was not equipped to handle this. first the smses filled the memory on his phone, causing it to start choking on the routine operations it needed to do things like manage the ringer and log all those incoming calls' bogus return numbers (did you know that it's *really easy* to fake the return number on a caller id? there are about fifty ways of doing it -- just google "spoof caller id"). charles stared at it dumbfounded, and jabbed at it furiously, his thick eyebrows knotting and wiggling as he struggled with the demons that had possessed his most personal of devices. the plan was working so far, but he wasn't doing what he was supposed to be doing next -- he was supposed to go find some place to sit down and try to figure out how to get his phone back. darryl shook me by the shoulder, and i pulled my eye away from the crack in the door. "what's he doing?" darryl whispered. "i totaled his phone, but he's just staring at it now instead of moving on." it wasn't going to be easy to reboot that thing. once the memory was totally filled, it would have a hard time loading the code it needed to delete the bogus messages -- and there was no bulk-erase for texts on his phone, so he'd have to manually delete all of the thousands of messages. darryl shoved me back and stuck his eye up to the door. a moment later, his shoulders started to shake. i got scared, thinking he was panicking, but when he pulled back, i saw that he was laughing so hard that tears were streaming down his cheeks. "galvez just totally busted him for being in the halls during class *and* for having his phone out -- you should have seen her tear into him. she was really enjoying it." we shook hands solemnly and snuck back out of the corridor, down the stairs, around the back, out the door, past the fence and out into the glorious sunlight of afternoon in the mission. valencia street had never looked so good. i checked my watch and yelped. "let's move! the rest of the gang is meeting us at the cable-cars in twenty minutes!" # van spotted us first. she was blending in with a group of korean tourists, which is one of her favorite ways of camouflaging herself when she's ditching school. ever since the truancy moblog went live, our world is full of nosy shopkeepers and pecksniffs who take it upon themselves to snap our piccies and put them on the net where they can be perused by school administrators. she came out of the crowd and bounded toward us. darryl has had a thing for van since forever, and she's sweet enough to pretend she doesn't know it. she gave me a hug and then moved onto darryl, giving him a quick sisterly kiss on the cheek that made him go red to the tops of his ears. the two of them made a funny pair: darryl is a little on the heavy side, though he wears it well, and he's got a kind of pink complexion that goes red in the cheeks whenever he runs or gets excited. he's been able to grow a beard since we were , but thankfully he started shaving after a brief period known to our gang as "the lincoln years." and he's tall. very, very tall. like basketball player tall. meanwhile, van is half a head shorter than me, and skinny, with straight black hair that she wears in crazy, elaborate braids that she researches on the net. she's got pretty coppery skin and dark eyes, and she loves big glass rings the size of radishes, which click and clack together when she dances. "where's jolu?" she said. "how are you, van?" darryl asked in a choked voice. he always ran a step behind the conversation when it came to van. "i'm great, d. how's your every little thing?" oh, she was a bad, bad person. darryl nearly fainted. jolu saved him from social disgrace by showing up just then, in an oversize leather baseball jacket, sharp sneakers, and a meshback cap advertising our favorite mexican masked wrestler, el santo junior. jolu is jose luis torrez, the completing member of our foursome. he went to a super-strict catholic school in the outer richmond, so it wasn't easy for him to get out. but he always did: no one exfiltrated like our jolu. he liked his jacket because it hung down low -- which was pretty stylish in parts of the city -- and covered up all his catholic school crap, which was like a bulls-eye for nosy jerks with the truancy moblog bookmarked on their phones. "who's ready to go?" i asked, once we'd all said hello. i pulled out my phone and showed them the map i'd downloaded to it on the bart. "near as i can work out, we wanna go up to the nikko again, then one block past it to o'farrell, then left up toward van ness. somewhere in there we should find the wireless signal." van made a face. "that's a nasty part of the tenderloin." i couldn't argue with her. that part of san francisco is one of the weird bits -- you go in through the hilton's front entrance and it's all touristy stuff like the cable-car turnaround and family restaurants. go through to the other side and you're in the 'loin, where every tracked out transvestite hooker, hard-case pimp, hissing drug dealer and cracked up homeless person in town was concentrated. what they bought and sold, none of us were old enough to be a part of (though there were plenty of hookers our age plying their trade in the 'loin.) "look on the bright side," i said. "the only time you want to go up around there is broad daylight. none of the other players are going to go near it until tomorrow at the earliest. this is what we in the arg business call a *monster head start.*" jolu grinned at me. "you make it sound like a good thing," he said. "beats eating uni," i said. "we going to talk or we going to win?" van said. after me, she was hands-down the most hardcore player in our group. she took winning very, very seriously. we struck out, four good friends, on our way to decode a clue, win the game -- and lose everything we cared about, forever. # the physical component of today's clue was a set of gps coordinates -- there were coordinates for all the major cities where harajuku fun madness was played -- where we'd find a wifi access-point's signal. that signal was being deliberately jammed by another, nearby wifi point that was hidden so that it couldn't be spotted by conventional wifinders, little key-fobs that told you when you were within range of someone's open access-point, which you could use for free. we'd have to track down the location of the "hidden" access point by measuring the strength of the "visible" one, finding the spot where it was most mysteriously weakest. there we'd find another clue -- last time it had been in the special of the day at anzu, the swanky sushi restaurant in the nikko hotel in the tenderloin. the nikko was owned by japan airlines, one of harajuku fun madness's sponsors, and the staff had all made a big fuss over us when we finally tracked down the clue. they'd given us bowls of miso soup and made us try uni, which is sushi made from sea urchin, with the texture of very runny cheese and a smell like very runny dog-droppings. but it tasted *really* good. or so darryl told me. i wasn't going to eat that stuff. i picked up the wifi signal with my phone's wifinder about three blocks up o'farrell, just before hyde street, in front of a dodgy "asian massage parlor" with a red blinking closed sign in the window. the network's name was harajukufm, so we knew we had the right spot. "if it's in there, i'm not going," darryl said. "you all got your wifinders?" i said. darryl and van had phones with built-in wifinders, while jolu, being too cool to carry a phone bigger than his pinky finger, had a separate little directional fob. "ok, fan out and see what we see. you're looking for a sharp drop off in the signal that gets worse the more you move along it." i took a step backward and ended up standing on someone's toes. a female voice said "oof" and i spun around, worried that some crack-ho was going to stab me for breaking her heels. instead, i found myself face to face with another kid my age. she had a shock of bright pink hair and a sharp, rodent-like face, with big sunglasses that were practically air-force goggles. she was dressed in striped tights beneath a black granny dress, with lots of little japanese decorer toys safety pinned to it -- anime characters, old world leaders, emblems from foreign soda-pop. she held up a camera and snapped a picture of me and my crew. "cheese," she said. "you're on candid snitch-cam." "no way," i said. "you wouldn't --" "i will," she said. "i will send this photo to truant watch in thirty seconds unless you four back off from this clue and let me and my friends here run it down. you can come back in one hour and it'll be all yours. i think that's more than fair." i looked behind her and noticed three other girls in similar garb -- one with blue hair, one with green, and one with purple. "who are you supposed to be, the popsicle squad?" "we're the team that's going to kick your team's ass at harajuku fun madness," she said. "and i'm the one who's *right this second* about to upload your photo and get you in *so much trouble* --" behind me i felt van start forward. her all-girls school was notorious for its brawls, and i was pretty sure she was ready to knock this chick's block off. then the world changed forever. we felt it first, that sickening lurch of the cement under your feet that every californian knows instinctively -- *earthquake*. my first inclination, as always, was to get away: "when in trouble or in doubt, run in circles, scream and shout." but the fact was, we were already in the safest place we could be, not in a building that could fall in on us, not out toward the middle of the road where bits of falling cornice could brain us. earthquakes are eerily quiet -- at first, anyway -- but this wasn't quiet. this was loud, an incredible roaring sound that was louder than anything i'd ever heard before. the sound was so punishing it drove me to my knees, and i wasn't the only one. darryl shook my arm and pointed over the buildings and we saw it then: a huge black cloud rising from the northeast, from the direction of the bay. there was another rumble, and the cloud of smoke spread out, that spreading black shape we'd all grown up seeing in movies. someone had just blown up something, in a big way. there were more rumbles and more tremors. heads appeared at windows up and down the street. we all looked at the mushroom cloud in silence. then the sirens started. i'd heard sirens like these before -- they test the civil defense sirens at noon on tuesdays. but i'd only heard them go off unscheduled in old war movies and video games, the kind where someone is bombing someone else from above. air raid sirens. the wooooooo sound made it all less real. "report to shelters immediately." it was like the voice of god, coming from all places at once. there were speakers on some of the electric poles, something i'd never noticed before, and they'd all switched on at once. "report to shelters immediately." shelters? we looked at each other in confusion. what shelters? the cloud was rising steadily, spreading out. was it nuclear? were we breathing in our last breaths? the girl with the pink hair grabbed her friends and they tore ass downhill, back toward the bart station and the foot of the hills. "report to shelters immediately." there was screaming now, and a lot of running around. tourists -- you can always spot the tourists, they're the ones who think california = warm and spend their san francisco holidays freezing in shorts and t-shirts -- scattered in every direction. "we should go!" darryl hollered in my ear, just barely audible over the shrieking of the sirens, which had been joined by traditional police sirens. a dozen sfpd cruisers screamed past us. "report to shelters immediately." "down to the bart station," i hollered. my friends nodded. we closed ranks and began to move quickly downhill. &&& chapter [[this chapter is dedicated to borderlands books, san francisco's magnificent independent science fiction bookstore. borderlands is basically located across the street from the fictional cesar chavez high depicted in little brother, and it's not just notorious for its brilliant events, signings, book clubs and such, but also for its amazing hairless egyptian cat, ripley, who likes to perch like a buzzing gargoyle on the computer at the front of the store. borderlands is about the friendliest bookstore you could ask for, filled with comfy places to sit and read, and staffed by incredibly knowledgeable clerks who know everything there is to know about science fiction. even better, they've always been willing to take orders for my book (by net or phone) and hold them for me to sign when i drop into the store, then they ship them within the us for free!]] [[borderland books: http://www.borderlands-books.com/ valencia ave, san francisco ca usa + ]] we passed a lot of people in the road on the way to the powell street bart. they were running or walking, white-faced and silent or shouting and panicked. homeless people cowered in doorways and watched it all, while a tall black tranny hooker shouted at two mustached young men about something. the closer we got to the bart, the worse the press of bodies became. by the time we reached the stairway down into the station, it was a mob-scene, a huge brawl of people trying to crowd their way down a narrow staircase. i had my face crushed up against someone's back, and someone else was pressed into my back. darryl was still beside me -- he was big enough that he was hard to shove, and jolu was right behind him, kind of hanging on to his waist. i spied vanessa a few yards away, trapped by more people. "screw you!" i heard van yell behind me. "pervert! get your hands off of me!" i strained around against the crowd and saw van looking with disgust at an older guy in a nice suit who was kind of smirking at her. she was digging in her purse and i knew what she was digging for. "don't mace him!" i shouted over the din. "you'll get us all too." at the mention of the word mace, the guy looked scared and kind of melted back, though the crowd kept him moving forward. up ahead, i saw someone, a middle-aged lady in a hippie dress, falter and fall. she screamed as she went down, and i saw her thrashing to get up, but she couldn't, the crowd's pressure was too strong. as i neared her, i bent to help her up, and was nearly knocked over her. i ended up stepping on her stomach as the crowd pushed me past her, but by then i don't think she was feeling anything. i was as scared as i'd ever been. there was screaming everywhere now, and more bodies on the floor, and the press from behind was as relentless as a bulldozer. it was all i could do to keep on my feet. we were in the open concourse where the turnstiles were. it was hardly any better here -- the enclosed space sent the voices around us echoing back in a roar that made my head ring, and the smell and feeling of all those bodies made me feel a claustrophobia i'd never known i was prone to. people were still cramming down the stairs, and more were squeezing past the turnstiles and down the escalators onto the platforms, but it was clear to me that this wasn't going to have a happy ending. "want to take our chances up top?" i said to darryl. "yes, hell yes," he said. "this is vicious." i looked to vanessa -- there was no way she'd hear me. i managed to get my phone out and i texted her. > we're getting out of here i saw her feel the vibe from her phone, then look down at it and then back at me and nod vigorously. darryl, meanwhile, had clued jolu in. "*what's the plan?* darryl shouted in my ear. "we're going to have to go back!" i shouted back, pointing at the remorseless crush of bodies. "it's impossible!" he said. "it's just going to get more impossible the longer we wait!" he shrugged. van worked her way over to me and grabbed hold of my wrist. i took darryl and darryl took jolu by the other hand and we pushed out. it wasn't easy. we moved about three inches a minute at first, then slowed down even more when we reached the stairway. the people we passed were none too happy about us shoving them out of the way, either. a couple people swore at us and there was a guy who looked like he'd have punched me if he'd been able to get his arms loose. we passed three more crushed people beneath us, but there was no way i could have helped them. by that point, i wasn't even thinking of helping anyone. all i could think of was finding the spaces in front of us to move into, of darryl's mighty straining on my wrist, of my death-grip on van behind me. we popped free like champagne corks an eternity later, blinking in the grey smoky light. the air raid sirens were still blaring, and the sound of emergency vehicles' sirens as they tore down market street was even louder. there was almost no one on the streets anymore -- just the people trying hopelessly to get underground. a lot of them were crying. i spotted a bunch of empty benches -- usually staked out by skanky winos -- and pointed toward them. we moved for them, the sirens and the smoke making us duck and hunch our shoulders. we got as far as the benches before darryl fell forward. we all yelled and vanessa grabbed him and turned him over. the side of his shirt was stained red, and the stain was spreading. she tugged his shirt up and revealed a long, deep cut in his pudgy side. "someone freaking *stabbed* him in the crowd," jolu said, his hands clenching into fists. "christ, that's vicious." darryl groaned and looked at us, then down at his side, then he groaned and his head went back again. vanessa took off her jean jacket and then pulled off the cotton hoodie she was wearing underneath it. she wadded it up and pressed it to darryl's side. "take his head," she said to me. "keep it elevated." to jolu she said, "get his feet up -- roll up your coat or something." jolu moved quickly. vanessa's mother is a nurse and she'd had first aid training every summer at camp. she loved to watch people in movies get their first aid wrong and make fun of them. i was so glad to have her with us. we sat there for a long time, holding the hoodie to darryl's side. he kept insisting that he was fine and that we should let him up, and van kept telling him to shut up and lie still before she kicked his ass. "what about calling ?" jolu said. i felt like an idiot. i whipped my phone out and punched . the sound i got wasn't even a busy signal -- it was like a whimper of pain from the phone system. you don't get sounds like that unless there's three million people all dialing the same number at once. who needs botnets when you've got terrorists? "what about wikipedia?" jolu said. "no phone, no data," i said. "what about them?" darryl said, and pointed at the street. i looked where he was pointing, thinking i'd see a cop or an paramedic, but there was no one there. "it's ok buddy, you just rest," i said. "no, you idiot, what about *them*, the cops in the cars? there!" he was right. every five seconds, a cop car, an ambulance or a firetruck zoomed past. they could get us some help. i was such an idiot. "come on, then," i said, "let's get you where they can see you and flag one down." vanessa didn't like it, but i figured a cop wasn't going to stop for a kid waving his hat in the street, not that day. they just might stop if they saw darryl bleeding there, though. i argued briefly with her and darryl settled it by lurching to his feet and dragging himself down toward market street. the first vehicle that screamed past -- an ambulance -- didn't even slow down. neither did the cop car that went past, nor the firetruck, nor the next three cop-cars. darryl wasn't in good shape -- he was white-faced and panting. van's sweater was soaked in blood. i was sick of cars driving right past me. the next time a car appeared down market street, i stepped right out into the road, waving my arms over my head, shouting "*stop*." the car slewed to a stop and only then did i notice that it wasn't a cop car, ambulance or fire-engine. it was a military-looking jeep, like an armored hummer, only it didn't have any military insignia on it. the car skidded to a stop just in front of me, and i jumped back and lost my balance and ended up on the road. i felt the doors open near me, and then saw a confusion of booted feet moving close by. i looked up and saw a bunch of military-looking guys in coveralls, holding big, bulky rifles and wearing hooded gas masks with tinted face-plates. i barely had time to register them before those rifles were pointed at me. i'd never looked down the barrel of a gun before, but everything you've heard about the experience is true. you freeze where you are, time stops, and your heart thunders in your ears. i opened my mouth, then shut it, then, very slowly, i held my hands up in front of me. the faceless, eyeless armed man above me kept his gun very level. i didn't even breathe. van was screaming something and jolu was shouting and i looked at them for a second and that was when someone put a coarse sack over my head and cinched it tight around my windpipe, so quick and so fiercely i barely had time to gasp before it was locked on me. i was pushed roughly but dispassionately onto my stomach and something went twice around my wrists and then tightened up as well, feeling like baling wire and biting cruelly. i cried out and my own voice was muffled by the hood. i was in total darkness now and i strained my ears to hear what was going on with my friends. i heard them shouting through the muffling canvas of the bag, and then i was being impersonally hauled to my feet by my wrists, my arms wrenched up behind my back, my shoulders screaming. i stumbled some, then a hand pushed my head down and i was inside the hummer. more bodies were roughly shoved in beside me. "guys?" i shouted, and earned a hard thump on my head for my trouble. i heard jolu respond, then felt the thump he was dealt, too. my head rang like a gong. "hey," i said to the soldiers. "hey, listen! we're just high school students. i wanted to flag you down because my friend was bleeding. someone stabbed him." i had no idea how much of this was making it through the muffling bag. i kept talking. "listen -- this is some kind of misunderstanding. we've got to get my friend to a hospital --" someone went upside my head again. it felt like they used a baton or something -- it was harder than anyone had ever hit me in the head before. my eyes swam and watered and i literally couldn't breathe through the pain. a moment later, i caught my breath, but i didn't say anything. i'd learned my lesson. who were these clowns? they weren't wearing insignia. maybe they were terrorists! i'd never really believed in terrorists before -- i mean, i knew that in the abstract there were terrorists somewhere in the world, but they didn't really represent any risk to me. there were millions of ways that the world could kill me -- starting with getting run down by a drunk burning his way down valencia -- that were infinitely more likely and immediate than terrorists. terrorists killed a lot fewer people than bathroom falls and accidental electrocutions. worrying about them always struck me as about as useful as worrying about getting hit by lightning. sitting in the back of that hummer, my head in a hood, my hands lashed behind my back, lurching back and forth while the bruises swelled up on my head, terrorism suddenly felt a lot riskier. the car rocked back and forth and tipped uphill. i gathered we were headed over nob hill, and from the angle, it seemed we were taking one of the steeper routes -- i guessed powell street. now we were descending just as steeply. if my mental map was right, we were heading down to fisherman's wharf. you could get on a boat there, get away. that fit with the terrorism hypothesis. why the hell would terrorists kidnap a bunch of high school students? we rocked to a stop still on a downslope. the engine died and then the doors swung open. someone dragged me by my arms out onto the road, then shoved me, stumbling, down a paved road. a few seconds later, i tripped over a steel staircase, bashing my shins. the hands behind me gave me another shove. i went up the stairs cautiously, not able to use my hands. i got up the third step and reached for the fourth, but it wasn't there. i nearly fell again, but new hands grabbed me from in front and dragged me down a steel floor and then forced me to my knees and locked my hands to something behind me. more movement, and the sense of bodies being shackled in alongside of me. groans and muffled sounds. laughter. then a long, timeless eternity in the muffled gloom, breathing my own breath, hearing my own breath in my ears. # i actually managed a kind of sleep there, kneeling with the circulation cut off to my legs, my head in canvas twilight. my body had squirted a year's supply of adrenalin into my bloodstream in the space of minutes, and while that stuff can give you the strength to lift cars off your loved ones and leap over tall buildings, the payback's always a bitch. i woke up to someone pulling the hood off my head. they were neither rough nor careful -- just...impersonal. like someone at mcdonald's putting together burgers. the light in the room was so bright i had to squeeze my eyes shut, but slowly i was able to open them to slits, then cracks, then all the way and look around. we were all in the back of a truck, a big -wheeler. i could see the wheel-wells at regular intervals down the length. but the back of this truck had been turned into some kind of mobile command-post/jail. steel desks lined the walls with banks of slick flat-panel displays climbing above them on articulated arms that let them be repositioned in a halo around the operators. each desk had a gorgeous office-chair in front of it, festooned with user-interface knobs for adjusting every millimeter of the sitting surface, as well as height, pitch and yaw. then there was the jail part -- at the front of the truck, furthest away from the doors, there were steel rails bolted into the sides of the vehicle, and attached to these steel rails were the prisoners. i spotted van and jolu right away. darryl might have been in the remaining dozen shackled up back here, but it was impossible to say -- many of them were slumped over and blocking my view. it stank of sweat and fear back there. vanessa looked at me and bit her lip. she was scared. so was i. so was jolu, his eyes rolling crazily in their sockets, the whites showing. i was scared. what's more, i had to piss like a *race-horse.* i looked around for our captors. i'd avoided looking at them up until now, the same way you don't look into the dark of a closet where your mind has conjured up a boogey-man. you don't want to know if you're right. but i had to get a better look at these jerks who'd kidnapped us. if they were terrorists, i wanted to know. i didn't know what a terrorist looked like, though tv shows had done their best to convince me that they were brown arabs with big beards and knit caps and loose cotton dresses that hung down to their ankles. not so our captors. they could have been half-time-show cheerleaders on the super bowl. they looked *american* in a way i couldn't exactly define. good jaw-lines, short, neat haircuts that weren't quite military. they came in white and brown, male and female, and smiled freely at one another as they sat down at the other end of the truck, joking and drinking coffees out of go-cups. these weren't ay-rabs from afghanistan: they looked like tourists from nebraska. i stared at one, a young white woman with brown hair who barely looked older than me, kind of cute in a scary office-power-suit way. if you stare at someone long enough, they'll eventually look back at you. she did, and her face slammed into a totally different configuration, dispassionate, even robotic. the smile vanished in an instant. "hey," i said. "look, i don't understand what's going on here, but i really need to take a leak, you know?" she looked right through me as if she hadn't heard. "i'm serious, if i don't get to a can soon, i'm going to have an ugly accident. it's going to get pretty smelly back here, you know?" she turned to her colleagues, a little huddle of three of them, and they held a low conversation i couldn't hear over the fans from the computers. she turned back to me. "hold it for another ten minutes, then you'll each get a piss-call." "i don't think i've got another ten minutes in me," i said, letting a little more urgency than i was really feeling creep into my voice. "seriously, lady, it's now or never." she shook her head and looked at me like i was some kind of pathetic loser. she and her friends conferred some more, then another one came forward. he was older, in his early thirties, and pretty big across the shoulders, like he worked out. he looked like he was chinese or korean -- even van can't tell the difference sometimes -- but with that bearing that said *american* in a way i couldn't put my finger on. he pulled his sports-coat aside to let me see the hardware strapped there: i recognized a pistol, a tazer and a can of either mace or pepper-spray before he let it fall again. "no trouble," he said. "none," i agreed. he touched something at his belt and the shackles behind me let go, my arms dropping suddenly behind me. it was like he was wearing batman's utility belt -- wireless remotes for shackles! i guessed it made sense, though: you wouldn't want to lean over your prisoners with all that deadly hardware at their eye-level -- they might grab your gun with their teeth and pull the trigger with their tongues or something. my hands were still lashed together behind me by the plastic strapping, and now that i wasn't supported by the shackles, i found that my legs had turned into lumps of cork while i was stuck in one position. long story short, i basically fell onto my face and kicked my legs weakly as they went pins-and-needles, trying to get them under me so i could rock up to my feet. the guy jerked me to my feet and i clown-walked to the very back of the truck, to a little boxed-in porta-john there. i tried to spot darryl on the way back, but he could have been any of the five or six slumped people. or none of them. "in you go," the guy said. i jerked my wrists. "take these off, please?" my fingers felt like purple sausages from the hours of bondage in the plastic cuffs. the guy didn't move. "look," i said, trying not to sound sarcastic or angry (it wasn't easy). "look. you either cut my wrists free or you're going to have to aim for me. a toilet visit is not a hands-free experience." someone in the truck sniggered. the guy didn't like me, i could tell from the way his jaw muscles ground around. man, these people were wired tight. he reached down to his belt and came up with a very nice set of multi-pliers. he flicked out a wicked-looking knife and sliced through the plastic cuffs and my hands were my own again. "thanks," i said. he shoved me into the bathroom. my hands were useless, like lumps of clay on the ends of my wrists. as i wiggled my fingers limply, they tingled, then the tingling turned to a burning feeling that almost made me cry out. i put the seat down, dropped my pants and sat down. i didn't trust myself to stay on my feet. as my bladder cut loose, so did my eyes. i wept, crying silently and rocking back and forth while the tears and snot ran down my face. it was all i could do to keep from sobbing -- i covered my mouth and held the sounds in. i didn't want to give them the satisfaction. finally, i was peed out and cried out and the guy was pounding on the door. i cleaned my face as best as i could with wads of toilet paper, stuck it all down the john and flushed, then looked around for a sink but only found a pump-bottle of heavy-duty hand-sanitizer covered in small-print lists of the bio-agents it worked on. i rubbed some into my hands and stepped out of the john. "what were you doing in there?" the guy said. "using the facilities," i said. he turned me around and grabbed my hands and i felt a new pair of plastic cuffs go around them. my wrists had swollen since the last pair had come off and the new ones bit cruelly into my tender skin, but i refused to give him the satisfaction of crying out. he shackled me back to my spot and grabbed the next person down, who, i saw now, was jolu, his face puffy and an ugly bruise on his cheek. "are you ok?" i asked him, and my friend with the utility belt abruptly put his hand on my forehead and shoved hard, bouncing the back of my head off the truck's metal wall with a sound like a clock striking one. "no talking," he said as i struggled to refocus my eyes. i didn't like these people. i decided right then that they would pay a price for all this. one by one, all the prisoners went to the can, and came back, and when they were done, my guard went back to his friends and had another cup of coffee -- they were drinking out of a big cardboard urn of starbucks, i saw -- and they had an indistinct conversation that involved a fair bit of laughter. then the door at the back of the truck opened and there was fresh air, not smoky the way it had been before, but tinged with ozone. in the slice of outdoors i saw before the door closed, i caught that it was dark out, and raining, with one of those san francisco drizzles that's part mist. the man who came in was wearing a military uniform. a us military uniform. he saluted the people in the truck and they saluted him back and that's when i knew that i wasn't a prisoner of some terrorists -- i was a prisoner of the united states of america. # they set up a little screen at the end of the truck and then came for us one at a time, unshackling us and leading us to the back of the truck. as close as i could work it -- counting seconds off in my head, one hippopotami, two hippopotami -- the interviews lasted about seven minutes each. my head throbbed with dehydration and caffeine withdrawal. i was third, brought back by the woman with the severe haircut. up close, she looked tired, with bags under her eyes and grim lines at the corners of her mouth. "thanks," i said, automatically, as she unlocked me with a remote and then dragged me to my feet. i hated myself for the automatic politeness, but it had been drilled into me. she didn't twitch a muscle. i went ahead of her to the back of the truck and behind the screen. there was a single folding chair and i sat in it. two of them -- severe haircut woman and utility belt man -- looked at me from their ergonomic super-chairs. they had a little table between them with the contents of my wallet and backpack spread out on it. "hello, marcus," severe haircut woman said. "we have some questions for you." "am i under arrest?" i asked. this wasn't an idle question. if you're not under arrest, there are limits on what the cops can and can't do to you. for starters, they can't hold you forever without arresting you, giving you a phone call, and letting you talk to a lawyer. and hoo-boy, was i ever going to talk to a lawyer. "what's this for?" she said, holding up my phone. the screen was showing the error message you got if you kept trying to get into its data without giving the right password. it was a bit of a rude message -- an animated hand giving a certain universally recognized gesture -- because i liked to customize my gear. "am i under arrest?" i repeated. they can't make you answer any questions if you're not under arrest, and when you ask if you're under arrest, they have to answer you. it's the rules. "you're being detained by the department of homeland security," the woman snapped. "am i under arrest?" "you're going to be more cooperative, marcus, starting right now." she didn't say, "or else," but it was implied. "i would like to contact an attorney," i said. "i would like to know what i've been charged with. i would like to see some form of identification from both of you." the two agents exchanged looks. "i think you should really reconsider your approach to this situation," severe haircut woman said. "i think you should do that right now. we found a number of suspicious devices on your person. we found you and your confederates near the site of the worst terrorist attack this country has ever seen. put those two facts together and things don't look very good for you, marcus. you can cooperate, or you can be very, very sorry. now, what is this for?" "you think i'm a terrorist? i'm seventeen years old!" "just the right age -- al qaeda loves recruiting impressionable, idealistic kids. we googled you, you know. you've posted a lot of very ugly stuff on the public internet." "i would like to speak to an attorney," i said. severe haircut lady looked at me like i was a bug. "you're under the mistaken impression that you've been picked up by the police for a crime. you need to get past that. you are being detained as a potential enemy combatant by the government of the united states. if i were you, i'd be thinking very hard about how to convince us that you are not an enemy combatant. very hard. because there are dark holes that enemy combatants can disappear into, very dark deep holes, holes where you can just vanish. forever. are you listening to me young man? i want you to unlock this phone and then decrypt the files in its memory. i want you to account for yourself: why were you out on the street? what do you know about the attack on this city?" "i'm not going to unlock my phone for you," i said, indignant. my phone's memory had all kinds of private stuff on it: photos, emails, little hacks and mods i'd installed. "that's private stuff." "what have you got to hide?" "i've got the right to my privacy," i said. "and i want to speak to an attorney." "this is your last chance, kid. honest people don't have anything to hide." "i want to speak to an attorney." my parents would pay for it. all the faqs on getting arrested were clear on this point. just keep asking to see an attorney, no matter what they say or do. there's no good that comes of talking to the cops without your lawyer present. these two said they weren't cops, but if this wasn't an arrest, what was it? in hindsight, maybe i should have unlocked my phone for them. &&& chapter [[this chapter is dedicated to barnes and noble, a us national chain of bookstores. as america's mom-and-pop bookstores were vanishing, barnes and noble started to build these gigantic temples to reading all across the land. stocking tens of thousands of titles (the mall bookstores and grocery-store spinner racks had stocked a small fraction of that) and keeping long hours that were convenient to families, working people and others potential readers, the b&n stores kept the careers of many writers afloat, stocking titles that smaller stores couldn't possibly afford to keep on their limited shelves. b&n has always had strong community outreach programs, and i've done some of my best-attended, best-organized signings at b&n stores, including the great events at the (sadly departed) b&n in union square, new york, where the mega-signing after the nebula awards took place, and the b&n in chicago that hosted the event after the nebs a few years later. best of all is that b&n's "geeky" buyers really get it when it comes to science fiction, comics and manga, games and similar titles. they're passionate and knowledgeable about the field and it shows in the excellent selection on display at the stores.]] [[barnes and noble, nationwide: http://search.barnesandnoble.com/little-brother/cory-doctorow/e/ /?itm= ]] they re-shackled and re-hooded me and left me there. a long time later, the truck started to move, rolling downhill, and then i was hauled back to my feet. i immediately fell over. my legs were so asleep they felt like blocks of ice, all except my knees, which were swollen and tender from all the hours of kneeling. hands grabbed my shoulders and feet and i was picked up like a sack of potatoes. there were indistinct voices around me. someone crying. someone cursing. i was carried a short distance, then set down and re-shackled to another railing. my knees wouldn't support me anymore and i pitched forward, ending up twisted on the ground like a pretzel, straining against the chains holding my wrists. then we were moving again, and this time, it wasn't like driving in a truck. the floor beneath me rocked gently and vibrated with heavy diesel engines and i realized i was on a ship! my stomach turned to ice. i was being taken off america's shores to somewhere *else*, and who the hell knew where that was? i'd been scared before, but this thought *terrified* me, left me paralyzed and wordless with fear. i realized that i might never see my parents again and i actually tasted a little vomit burn up my throat. the bag over my head closed in on me and i could barely breathe, something that was compounded by the weird position i was twisted into. but mercifully we weren't on the water for very long. it felt like an hour, but i know now that it was a mere fifteen minutes, and then i felt us docking, felt footsteps on the decking around me and felt other prisoners being unshackled and carried or led away. when they came for me, i tried to stand again, but couldn't, and they carried me again, impersonally, roughly. when they took the hood off again, i was in a cell. the cell was old and crumbled, and smelled of sea air. there was one window high up, and rusted bars guarded it. it was still dark outside. there was a blanket on the floor and a little metal toilet without a seat, set into the wall. the guard who took off my hood grinned at me and closed the solid steel door behind him. i gently massaged my legs, hissing as the blood came back into them and into my hands. eventually i was able to stand, and then to pace. i heard other people talking, crying, shouting. i did some shouting too: "jolu! darryl! vanessa!" other voices on the cell-block took up the cry, shouting out names, too, shouting out obscenities. the nearest voices sounded like drunks losing their minds on a street-corner. maybe i sounded like that too. guards shouted at us to be quiet and that just made everyone yell louder. eventually we were all howling, screaming our heads off, screaming our throats raw. why not? what did we have to lose? # the next time they came to question me, i was filthy and tired, thirsty and hungry. severe haircut lady was in the new questioning party, as were three big guys who moved me around like a cut of meat. one was black, the other two were white, though one might have been hispanic. they all carried guns. it was like a benneton's ad crossed with a game of counter-strike. they'd taken me from my cell and chained my wrists and ankles together. i paid attention to my surroundings as we went. i heard water outside and thought that maybe we were on alcatraz -- it was a prison, after all, even if it had been a tourist attraction for generations, the place where you went to see where al capone and his gangster contemporaries did their time. but i'd been to alcatraz on a school trip. it was old and rusted, medieval. this place felt like it dated back to world war two, not colonial times. there were bar-codes laser-printed on stickers and placed on each of the cell-doors, and numbers, but other than that, there was no way to tell who or what might be behind them. the interrogation room was modern, with fluorescent lights, ergonomic chairs -- not for me, though, i got a folding plastic garden-chair -- and a big wooden board-room table. a mirror lined one wall, just like in the cop shows, and i figured someone or other must be watching from behind it. severe haircut lady and her friends helped themselves to coffees from an urn on a side-table (i could have torn her throat out with my teeth and taken her coffee just then), and then set a styrofoam cup of water down next to me -- without unlocking my wrists from behind my back, so i couldn't reach it. hardy har har. "hello, marcus," severe haircut woman said. "how's your 'tude doing today?" i didn't say anything. "this isn't as bad as it gets you know," she said. "this is as *good* as it gets from now on. even once you tell us what we want to know, even if that convinces us that you were just in the wrong place at the wrong time, you're a marked man now. we'll be watching you everywhere you go and everything you do. you've acted like you've got something to hide, and we don't like that." it's pathetic, but all my brain could think about was that phrase, "convince us that you were in the wrong place at the wrong time." this was the worst thing that had ever happened to me. i had never, ever felt this bad or this scared before. those words, "wrong place at the wrong time," those six words, they were like a lifeline dangling before me as i thrashed to stay on the surface. "hello, marcus?" she snapped her fingers in front of my face. "over here, marcus." there was a little smile on her face and i hated myself for letting her see my fear. "marcus, it can be a lot worse than this. this isn't the worst place we can put you, not by a damned sight." she reached down below the table and came out with a briefcase, which she snapped open. from it, she withdrew my phone, my arphid sniper/cloner, my wifinder, and my memory keys. she set them down on the table one after the other. "here's what we want from you. you unlock the phone for us today. if you do that, you'll get outdoor and bathing privileges. you'll get a shower and you'll be allowed to walk around in the exercise yard. tomorrow, we'll bring you back and ask you to decrypt the data on these memory sticks. do that, and you'll get to eat in the mess hall. the day after, we're going to want your email passwords, and that will get you library privileges." the word "no" was on my lips, like a burp trying to come up, but it wouldn't come. "why?" is what came out instead. "we want to be sure that you're what you seem to be. this is about your security, marcus. say you're innocent. you might be, though why an innocent man would act like he's got so much to hide is beyond me. but say you are: you could have been on that bridge when it blew. your parents could have been. your friends. don't you want us to catch the people who attacked your home?" it's funny, but when she was talking about my getting "privileges" it scared me into submission. i felt like i'd done *something* to end up where i was, like maybe it was partially my fault, like i could do something to change it. but as soon as she switched to this bs about "safety" and "security," my spine came back. "lady," i said, "you're talking about attacking my home, but as far as i can tell, you're the only one who's attacked me lately. i thought i lived in a country with a constitution. i thought i lived in a country where i had *rights*. you're talking about defending my freedom by tearing up the bill of rights." a flicker of annoyance passed over her face, then went away. "so melodramatic, marcus. no one's attacked you. you've been detained by your country's government while we seek details on the worst terrorist attack ever perpetrated on our nation's soil. you have it within your power to help us fight this war on our nation's enemies. you want to preserve the bill of rights? help us stop bad people from blowing up your city. now, you have exactly thirty seconds to unlock that phone before i send you back to your cell. we have lots of other people to interview today." she looked at her watch. i rattled my wrists, rattled the chains that kept me from reaching around and unlocking the phone. yes, i was going to do it. she'd told me what my path was to freedom -- to the world, to my parents -- and that had given me hope. now she'd threatened to send me away, to take me off that path, and my hope had crashed and all i could think of was how to get back on it. so i rattled my wrists, wanting to get to my phone and unlock it for her, and she just looked at me coldly, checking her watch. "the password," i said, finally understanding what she wanted of me. she wanted me to say it out loud, here, where she could record it, where her pals could hear it. she didn't want me to just unlock the phone. she wanted me to submit to her. to put her in charge of me. to give up every secret, all my privacy. "the password," i said again, and then i told her the password. god help me, i submitted to her will. she smiled a little prim smile, which had to be her ice-queen equivalent of a touchdown dance, and the guards led me away. as the door closed, i saw her bend down over the phone and key the password in. i wish i could say that i'd anticipated this possibility in advance and created a fake password that unlocked a completely innocuous partition on my phone, but i wasn't nearly that paranoid/clever. you might be wondering at this point what dark secrets i had locked away on my phone and memory sticks and email. i'm just a kid, after all. the truth is that i had everything to hide, and nothing. between my phone and my memory sticks, you could get a pretty good idea of who my friends were, what i thought of them, all the goofy things we'd done. you could read the transcripts of the electronic arguments we'd carried out and the electronic reconciliations we'd arrived at. you see, i don't delete stuff. why would i? storage is cheap, and you never know when you're going to want to go back to that stuff. especially the stupid stuff. you know that feeling you get sometimes where you're sitting on the subway and there's no one to talk to and you suddenly remember some bitter fight you had, some terrible thing you said? well, it's usually never as bad as you remember. being able to go back and see it again is a great way to remind yourself that you're not as horrible a person as you think you are. darryl and i have gotten over more fights that way than i can count. and even that's not it. i know my phone is private. i know my memory sticks are private. that's because of cryptography -- message scrambling. the math behind crypto is good and solid, and you and me get access to the same crypto that banks and the national security agency use. there's only one kind of crypto that anyone uses: crypto that's public, open and can be deployed by anyone. that's how you know it works. there's something really liberating about having some corner of your life that's *yours*, that no one gets to see except you. it's a little like nudity or taking a dump. everyone gets naked every once in a while. everyone has to squat on the toilet. there's nothing shameful, deviant or weird about either of them. but what if i decreed that from now on, every time you went to evacuate some solid waste, you'd have to do it in a glass room perched in the middle of times square, and you'd be buck naked? even if you've got nothing wrong or weird with your body -- and how many of us can say that? -- you'd have to be pretty strange to like that idea. most of us would run screaming. most of us would hold it in until we exploded. it's not about doing something shameful. it's about doing something *private*. it's about your life belonging to you. they were taking that from me, piece by piece. as i walked back to my cell, that feeling of deserving it came back to me. i'd broken a lot of rules all my life and i'd gotten away with it, by and large. maybe this was justice. maybe this was my past coming back to me. after all, i had been where i was because i'd snuck out of school. i got my shower. i got to walk around the yard. there was a patch of sky overhead, and it smelled like the bay area, but beyond that, i had no clue where i was being held. no other prisoners were visible during my exercise period, and i got pretty bored with walking in circles. i strained my ears for any sound that might help me understand what this place was, but all i heard was the occasional vehicle, some distant conversations, a plane landing somewhere nearby. they brought me back to my cell and fed me, a half a pepperoni pie from goat hill pizza, which i knew well, up on potrero hill. the carton with its familiar graphic and phone number was a reminder that only a day before, i'd been a free man in a free country and that now i was a prisoner. i worried constantly about darryl and fretted about my other friends. maybe they'd been more cooperative and had been released. maybe they'd told my parents and they were frantically calling around. maybe not. the cell was fantastically spare, empty as my soul. i fantasized that the wall opposite my bunk was a screen, that i could be hacking right now, opening the cell-door. i fantasized about my workbench and the projects there -- the old cans i was turning into a ghetto surround-sound rig, the aerial photography kite-cam i was building, my homebrew laptop. i wanted to get out of there. i wanted to go home and have my friends and my school and my parents and my life back. i wanted to be able to go where i wanted to go, not be stuck pacing and pacing and pacing. # they took my passwords for my usb keys next. those held some interesting messages i'd downloaded from one online discussion group or another, some chat transcripts, things where people had helped me out with some of the knowledge i needed to do the things i did. there was nothing on there you couldn't find with google, of course, but i didn't think that would count in my favor. i got exercise again that afternoon, and this time there were others in the yard when i got there, four other guys and two women, of all ages and racial backgrounds. i guess lots of people were doing things to earn their "privileges." they gave me half an hour, and i tried to make conversation with the most normal-seeming of the other prisoners, a black guy about my age with a short afro. but when i introduced myself and stuck my hand out, he cut his eyes toward the cameras mounted ominously in the corners of the yard and kept walking without ever changing his facial expression. but then, just before they called my name and brought me back into the building, the door opened and out came -- vanessa! i'd never been more glad to see a friendly face. she looked tired and grumpy, but not hurt, and when she saw me, she shouted my name and ran to me. we hugged each other hard and i realized i was shaking. then i realized she was shaking, too. "are you ok?" she said, holding me at arms' length. "i'm ok," i said. "they told me they'd let me go if i gave them my passwords." "they keep asking me questions about you and darryl." there was a voice blaring over the loudspeaker, shouting at us to stop talking, to walk, but we ignored it. "answer them," i said, instantly. "anything they ask, answer them. if it'll get you out." "how are darryl and jolu?" "i haven't seen them." the door banged open and four big guards boiled out. two took me and two took vanessa. they forced me to the ground and turned my head away from vanessa, though i heard her getting the same treatment. plastic cuffs went around my wrists and then i was yanked to my feet and brought back to my cell. no dinner came that night. no breakfast came the next morning. no one came and brought me to the interrogation room to extract more of my secrets. the plastic cuffs didn't come off, and my shoulders burned, then ached, then went numb, then burned again. i lost all feeling in my hands. i had to pee. i couldn't undo my pants. i really, really had to pee. i pissed myself. they came for me after that, once the hot piss had cooled and gone clammy, making my already filthy jeans stick to my legs. they came for me and walked me down the long hall lined with doors, each door with its own bar code, each bar code a prisoner like me. they walked me down the corridor and brought me to the interrogation room and it was like a different planet when i entered there, a world where things were normal, where everything didn't reek of urine. i felt so dirty and ashamed, and all those feelings of deserving what i got came back to me. severe haircut lady was already sitting. she was perfect: coifed and with just a little makeup. i smelled her hair stuff. she wrinkled her nose at me. i felt the shame rise in me. "well, you've been a very naughty boy, haven't you? aren't you a filthy thing?" shame. i looked down at the table. i couldn't bear to look up. i wanted to tell her my email password and get gone. "what did you and your friend talk about in the yard?" i barked a laugh at the table. "i told her to answer your questions. i told her to cooperate." "so do you give the orders?" i felt the blood sing in my ears. "oh come on," i said. "we play a *game* together, it's called harajuku fun madness. i'm the *team captain*. we're not terrorists, we're high school students. i don't give her orders. i told her that we needed to be *honest* with you so that we could clear up any suspicion and get out of here." she didn't say anything for a moment. "how is darryl?" i said. "who?" "darryl. you picked us up together. my friend. someone had stabbed him in the powell street bart. that's why we were up on the surface. to get him help." "i'm sure he's fine, then," she said. my stomach knotted and i almost threw up. "you don't *know*? you haven't got him here?" "who we have here and who we don't have here is not something we're going to discuss with you, ever. that's not something you're going to know. marcus, you've seen what happens when you don't cooperate with us. you've seen what happens when you disobey our orders. you've been a little cooperative, and it's gotten you almost to the point where you might go free again. if you want to make that possibility into a reality, you'll stick to answering my questions." i didn't say anything. "you're learning, that's good. now, your email passwords, please." i was ready for this. i gave them everything: server address, login, password. this didn't matter. i didn't keep any email on my server. i downloaded it all and kept it on my laptop at home, which downloaded and deleted my mail from the server every sixty seconds. they wouldn't get anything out of my mail -- it got cleared off the server and stored on my laptop at home. back to the cell, but they cut loose my hands and they gave me a shower and a pair of orange prison pants to wear. they were too big for me and hung down low on my hips, like a mexican gang-kid in the mission. that's where the baggy-pants-down-your-ass look comes from you know that? from prison. i tell you what, it's less fun when it's not a fashion statement. they took away my jeans, and i spent another day in the cell. the walls were scratched cement over a steel grid. you could tell, because the steel was rusting in the salt air, and the grid shone through the green paint in red-orange. my parents were out that window, somewhere. they came for me again the next day. "we've been reading your mail for a day now. we changed the password so that your home computer couldn't fetch it." well, of course they had. i would have done the same, now that i thought of it. "we have enough on you now to put you away for a very long time, marcus. your possession of these articles --" she gestured at all my little gizmos -- "and the data we recovered from your phone and memory sticks, as well as the subversive material we'd no doubt find if we raided your house and took your computer. it's enough to put you away until you're an old man. do you understand that?" i didn't believe it for a second. there's no way a judge would say that all this stuff constituted any kind of real crime. it was free speech, it was technological tinkering. it wasn't a crime. but who said that these people would ever put me in front of a judge. "we know where you live, we know who your friends are. we know how you operate and how you think." it dawned on me then. they were about to let me go. the room seemed to brighten. i heard myself breathing, short little breaths. "we just want to know one thing: what was the delivery mechanism for the bombs on the bridge?" i stopped breathing. the room darkened again. "what?" "there were ten charges on the bridge, all along its length. they weren't in car-trunks. they'd been placed there. who placed them there, and how did they get there?" "what?" i said it again. "this is your last chance, marcus," she said. she looked sad. "you were doing so well until now. tell us this and you can go home. you can get a lawyer and defend yourself in a court of law. there are doubtless extenuating circumstances that you can use to explain your actions. just tell us this thing, and you're gone." "i don't know what you're talking about!" i was crying and i didn't even care. sobbing, blubbering. "i have *no idea what you're talking about*!" she shook her head. "marcus, please. let us help you. by now you know that we always get what we're after." there was a gibbering sound in the back of my mind. they were *insane*. i pulled myself together, working hard to stop the tears. "listen, lady, this is nuts. you've been into my stuff, you've seen it all. i'm a seventeen year old high school student, not a terrorist! you can't seriously think --" "marcus, haven't you figured out that we're serious yet?" she shook her head. "you get pretty good grades. i thought you'd be smarter than that." she made a flicking gesture and the guards picked me up by the armpits. back in my cell, a hundred little speeches occurred to me. the french call this "esprit d'escalier" -- the spirit of the staircase, the snappy rebuttals that come to you after you leave the room and slink down the stairs. in my mind, i stood and delivered, telling her that i was a citizen who loved my freedom, which made me the patriot and made her the traitor. in my mind, i shamed her for turning my country into an armed camp. in my mind, i was eloquent and brilliant and reduced her to tears. but you know what? none of those fine words came back to me when they pulled me out the next day. all i could think of was freedom. my parents. "hello, marcus," she said. "how are you feeling?" i looked down at the table. she had a neat pile of documents in front of her, and her ubiquitous go-cup of starbucks beside her. i found it comforting somehow, a reminder that there was a real world out there somewhere, beyond the walls. "we're through investigating you, for now." she let that hang there. maybe it meant that she was letting me go. maybe it meant that she was going to throw me in a pit and forget that i existed. "and?" i said finally. "and i want you to impress on you again that we are very serious about this. our country has experienced the worst attack ever committed on its soil. how many / s do you want us to suffer before you're willing to cooperate? the details of our investigation are secret. we won't stop at anything in our efforts to bring the perpetrators of these heinous crimes to justice. do you understand that?" "yes," i mumbled. "we are going to send you home today, but you are a marked man. you have not been found to be above suspicion -- we're only releasing you because we're done questioning you for now. but from now on, you *belong* to us. we will be watching you. we'll be waiting for you to make a misstep. do you understand that we can watch you closely, all the time?" "yes," i mumbled. "good. you will never speak of what happened here to anyone, ever. this is a matter of national security. do you know that the death penalty still holds for treason in time of war?" "yes," i mumbled. "good boy," she purred. "we have some papers here for you to sign." she pushed the stack of papers across the table to me. little post-its with sign here printed on them had been stuck throughout them. a guard undid my cuffs. i paged through the papers and my eyes watered and my head swam. i couldn't make sense of them. i tried to decipher the legalese. it seemed that i was signing a declaration that i had been voluntarily held and submitted to voluntary questioning, of my own free will. "what happens if i don't sign this?" i said. she snatched the papers back and made that flicking gesture again. the guards jerked me to my feet. "wait!" i cried. "please! i'll sign them!" they dragged me to the door. all i could see was that door, all i could think of was it closing behind me. i lost it. i wept. i begged to be allowed to sign the papers. to be so close to freedom and have it snatched away, it made me ready to do anything. i can't count the number of times i've heard someone say, "oh, i'd rather die than do something-or-other" -- i've said it myself now and again. but that was the first time i understood what it really meant. i would have rather died than go back to my cell. i begged as they took me out into the corridor. i told them i'd sign anything. she called out to the guards and they stopped. they brought me back. they sat me down. one of them put the pen in my hand. of course, i signed, and signed and signed. # my jeans and t-shirt were back in my cell, laundered and folded. they smelled of detergent. i put them on and washed my face and sat on my cot and stared at the wall. they'd taken everything from me. first my privacy, then my dignity. i'd been ready to sign anything. i would have signed a confession that said i'd assassinated abraham lincoln. i tried to cry, but it was like my eyes were dry, out of tears. they got me again. a guard approached me with a hood, like the hood i'd been put in when they picked us up, whenever that was, days ago, weeks ago. the hood went over my head and cinched tight at my neck. i was in total darkness and the air was stifling and stale. i was raised to my feet and walked down corridors, up stairs, on gravel. up a gangplank. on a ship's steel deck. my hands were chained behind me, to a railing. i knelt on the deck and listened to the thrum of the diesel engines. the ship moved. a hint of salt air made its way into the hood. it was drizzling and my clothes were heavy with water. i was outside, even if my head was in a bag. i was outside, in the world, moments from my freedom. they came for me and led me off the boat and over uneven ground. up three metal stairs. my wrists were unshackled. my hood was removed. i was back in the truck. severe haircut woman was there, at the little desk she'd sat at before. she had a ziploc bag with her, and inside it were my phone and other little devices, my wallet and the change from my pockets. she handed them to me wordlessly. i filled my pockets. it felt so weird to have everything back in its familiar place, to be wearing my familiar clothes. outside the truck's back door, i heard the familiar sounds of my familiar city. a guard passed me my backpack. the woman extended her hand to me. i just looked at it. she put it down and gave me a wry smile. then she mimed zipping up her lips and pointed to me, and opened the door. it was daylight outside, gray and drizzling. i was looking down an alley toward cars and trucks and bikes zipping down the road. i stood transfixed on the truck's top step, staring at freedom. my knees shook. i knew now that they were playing with me again. in a moment, the guards would grab me and drag me back inside, the bag would go over my head again, and i would be back on the boat and sent off to the prison again, to the endless, unanswerable questions. i barely held myself back from stuffing my fist in my mouth. then i forced myself to go down one stair. another stair. the last stair. my sneakers crunched down on the crap on the alley's floor, broken glass, a needle, gravel. i took a step. another. i reached the mouth of the alley and stepped onto the sidewalk. no one grabbed me. i was free. then strong arms threw themselves around me. i nearly cried. &&& chapter [[this chapter is dedicated to secret headquarters in los angeles, my drop-dead all-time favorite comic store in the world. it's small and selective about what it stocks, and every time i walk in, i walk out with three or four collections i'd never heard of under my arm. it's like the owners, dave and david, have the uncanny ability to predict exactly what i'm looking for, and they lay it out for me seconds before i walk into the store. i discovered about three quarters of my favorite comics by wandering into shq, grabbing something interesting, sinking into one of the comfy chairs, and finding myself transported to another world. when my second story-collection, overclocked, came out, they worked with local illustrator martin cenreda to do a free mini-comic based on printcrime, the first story in the book. i left la about a year ago, and of all the things i miss about it, secret headquarters is right at the top of the list.]] [[secret headquarters: http://www.thesecretheadquarters.com/ w. sunset boulevard, los angeles, ca + ]] but it was van, and she *was* crying, and hugging me so hard i couldn't breathe. i didn't care. i hugged her back, my face buried in her hair. "you're ok!" she said. "i'm ok," i managed. she finally let go of me and another set of arms wrapped themselves around me. it was jolu! they were both there. he whispered, "you're safe, bro," in my ear and hugged me even tighter than vanessa had. when he let go, i looked around. "where's darryl?" i asked. they both looked at each other. "maybe he's still in the truck," jolu said. we turned and looked at the truck at the alley's end. it was a nondescript white -wheeler. someone had already brought the little folding staircase inside. the rear lights glowed red, and the truck rolled backwards towards us, emitting a steady eep, eep, eep. "wait!" i shouted as it accelerated towards us. "wait! what about darryl?" the truck drew closer. i kept shouting. "what about darryl?" jolu and vanessa each had me by an arm and were dragging me away. i struggled against them, shouting. the truck pulled out of the alley's mouth and reversed into the street and pointed itself downhill and drove away. i tried to run after it, but van and jolu wouldn't let me go. i sat down on the sidewalk and put my arms around my knees and cried. i cried and cried and cried, loud sobs of the sort i hadn't done since i was a little kid. they wouldn't stop coming. i couldn't stop shaking. vanessa and jolu got me to my feet and moved me a little ways up the street. there was a muni bus stop with a bench and they sat me on it. they were both crying too, and we held each other for a while, and i knew we were crying for darryl, whom none of us ever expected to see again. # we were north of chinatown, at the part where it starts to become north beach, a neighborhood with a bunch of neon strip clubs and the legendary city lights counterculture bookstore, where the beat poetry movement had been founded back in the s. i knew this part of town well. my parents' favorite italian restaurant was here and they liked to take me here for big plates of linguine and huge italian ice-cream mountains with candied figs and lethal little espressos afterward. now it was a different place, a place where i was tasting freedom for the first time in what seemed like an eternity. we checked our pockets and found enough money to get a table at one of the italian restaurants, out on the sidewalk, under an awning. the pretty waitress lighted a gas-heater with a barbeque lighter, took our orders and went inside. the sensation of giving orders, of controlling my destiny, was the most amazing thing i'd ever felt. "how long were we in there?" i asked. "six days," vanessa said. "i got five," jolu said. "i didn't count." "what did they do to you?" vanessa said. i didn't want to talk about it, but they were both looking at me. once i started, i couldn't stop. i told them everything, even when i'd been forced to piss myself, and they took it all in silently. i paused when the waitress delivered our sodas and waited until she got out of earshot, then finished. in the telling, it receded into the distance. by the end of it, i couldn't tell if i was embroidering the truth or if i was making it all seem *less* bad. my memories swam like little fish that i snatched at, and sometimes they wriggled out of my grasp. jolu shook his head. "they were hard on you, dude," he said. he told us about his stay there. they'd questioned him, mostly about me, and he'd kept on telling them the truth, sticking to a plain telling of the facts about that day and about our friendship. they had gotten him to repeat it over and over again, but they hadn't played games with his head the way they had with me. he'd eaten his meals in a mess-hall with a bunch of other people, and been given time in a tv room where they were shown last year's blockbusters on video. vanessa's story was only slightly different. after she'd gotten them angry by talking to me, they'd taken away her clothes and made her wear a set of orange prison overalls. she'd been left in her cell for two days without contact, though she'd been fed regularly. but mostly it was the same as jolu: the same questions, repeated again and again. "they really hated you," jolu said. "really had it in for you. why?" i couldn't imagine why. then i remembered. *you can cooperate, or you can be very, very sorry.* "it was because i wouldn't unlock my phone for them, that first night. that's why they singled me out." i couldn't believe it, but there was no other explanation. it had been sheer vindictiveness. my mind reeled at the thought. they had done all that as a mere punishment for defying their authority. i had been scared. now i was angry. "those bastards," i said, softly. "they did it to get back at me for mouthing off." jolu swore and then vanessa cut loose in korean, something she only did when she was really, really angry. "i'm going to get them," i whispered, staring at my soda. "i'm going to get them." jolu shook his head. "you can't, you know. you can't fight back against that." # none of us much wanted to talk about revenge then. instead, we talked about what we would do next. we had to go home. our phones' batteries were dead and it had been years since this neighborhood had any payphones. we just needed to go home. i even thought about taking a taxi, but there wasn't enough money between us to make that possible. so we walked. on the corner, we pumped some quarters into a san francisco chronicle newspaper box and stopped to read the front section. it had been five days since the bombs went off, but it was still all over the front cover. severe haircut woman had talked about "the bridge" blowing up, and i'd just assumed that she was talking about the golden gate bridge, but i was wrong. the terrorists had blown up the *bay bridge*. "why the hell would they blow up the bay bridge?" i said. "the golden gate is the one on all the postcards." even if you've never been to san francisco, chances are you know what the golden gate looks like: it's that big orange suspension bridge that swoops dramatically from the old military base called the presidio to sausalito, where all the cutesy wine-country towns are with their scented candle shops and art galleries. it's picturesque as hell, and it's practically the symbol for the state of california. if you go to the disneyland california adventure park, there's a replica of it just past the gates, with a monorail running over it. so naturally i assumed that if you were going to blow up a bridge in san francisco, that's the one you'd blow. "they probably got scared off by all the cameras and stuff," jolu said. "the national guard's always checking cars at both ends and there's all those suicide fences and junk all along it." people have been jumping off the golden gate since it opened in -- they stopped counting after the thousandth suicide in . "yeah," vanessa said. "plus the bay bridge actually goes somewhere." the bay bridge goes from downtown san francisco to oakland and thence to berkeley, the east bay townships that are home to many of the people who live and work in town. it's one of the only parts of the bay area where a normal person can afford a house big enough to really stretch out in, and there's also the university and a bunch of light industry over there. the bart goes under the bay and connects the two cities, too, but it's the bay bridge that sees most of the traffic. the golden gate was a nice bridge if you were a tourist or a rich retiree living out in wine country, but it was mostly ornamental. the bay bridge is -- was -- san francisco's work-horse bridge. i thought about it for a minute. "you guys are right," i said. "but i don't think that's all of it. we keep acting like terrorists attack landmarks because they hate landmarks. terrorists don't hate landmarks or bridges or airplanes. they just want to screw stuff up and make people scared. to make terror. so of course they went after the bay bridge after the golden gate got all those cameras -- after airplanes got all metal-detectored and x-rayed." i thought about it some more, staring blankly at the cars rolling down the street, at the people walking down the sidewalks, at the city all around me. "terrorists don't hate airplanes or bridges. they love terror." it was so obvious i couldn't believe i'd never thought of it before. i guess that being treated like a terrorist for a few days was enough to clarify my thinking. the other two were staring at me. "i'm right, aren't i? all this crap, all the x-rays and id checks, they're all useless, aren't they?" they nodded slowly. "worse than useless," i said, my voice going up and cracking. "because they ended up with us in prison, with darryl --" i hadn't thought of darryl since we sat down and now it came back to me, my friend, missing, disappeared. i stopped talking and ground my jaws together. "we have to tell our parents," jolu said. "we should get a lawyer," vanessa said. i thought of telling my story. of telling the world what had become of me. of the videos that would no doubt come out, of me weeping, reduced to a groveling animal. "we can't tell them anything," i said, without thinking. "what do you mean?" van said. "we can't tell them anything," i repeated. "you heard her. if we talk, they'll come back for us. they'll do to us what they did to darryl." "you're joking," jolu said. "you want us to --" "i want us to fight back," i said. "i want to stay free so that i can do that. if we go out there and blab, they'll just say that we're kids, making it up. we don't even know where we were held! no one will believe us. then, one day, they'll come for us. "i'm telling my parents that i was in one of those camps on the other side of the bay. i came over to meet you guys there and we got stranded, and just got loose today. they said in the papers that people were still wandering home from them." "i can't do that," vanessa said. "after what they did to you, how can you even think of doing that?" "it happened to *me*, that's the point. this is me and them, now. i'll beat them, i'll get darryl. i'm not going to take this lying down. but once our parents are involved, that's it for us. no one will believe us and no one will care. if we do it my way, people will care." "what's your way?" jolu said. "what's your plan?" "i don't know yet," i admitted. "give me until tomorrow morning, give me that, at least." i knew that once they'd kept it a secret for a day, it would have to be a secret forever. our parents would be even more skeptical if we suddenly "remembered" that we'd been held in a secret prison instead of taken care of in a refugee camp. van and jolu looked at each other. "i'm just asking for a chance," i said. "we'll work out the story on the way, get it straight. give me one day, just one day." the other two nodded glumly and we set off downhill again, heading back towards home. i lived on potrero hill, vanessa lived in the north mission and jolu lived in noe valley -- three wildly different neighborhoods just a few minutes' walk from one another. we turned onto market street and stopped dead. the street was barricaded at every corner, the cross-streets reduced to a single lane, and parked down the whole length of market street were big, nondescript -wheelers like the one that had carried us, hooded, away from the ship's docks and to chinatown. each one had three steel steps leading down from the back and they buzzed with activity as soldiers, people in suits, and cops went in and out of them. the suits wore little badges on their lapels and the soldiers scanned them as they went in and out -- wireless authorization badges. as we walked past one, i got a look at it, and saw the familiar logo: department of homeland security. the soldier saw me staring and stared back hard, glaring at me. i got the message and moved on. i peeled away from the gang at van ness. we clung to each other and cried and promised to call each other. the walk back to potrero hill has an easy route and a hard route, the latter taking you over some of the steepest hills in the city, the kind of thing that you see car chases on in action movies, with cars catching air as they soar over the zenith. i always take the hard way home. it's all residential streets, and the old victorian houses they call "painted ladies" for their gaudy, elaborate paint-jobs, and front gardens with scented flowers and tall grasses. housecats stare at you from hedges, and there are hardly any homeless. it was so quiet on those streets that it made me wish i'd taken the *other* route, through the mission, which is... *raucous* is probably the best word for it. loud and vibrant. lots of rowdy drunks and angry crack-heads and unconscious junkies, and also lots of families with strollers, old ladies gossiping on stoops, lowriders with boom-cars going thumpa-thumpa-thumpa down the streets. there were hipsters and mopey emo art-students and even a couple old-school punk-rockers, old guys with pot bellies bulging out beneath their dead kennedys shirts. also drag queens, angry gang kids, graffiti artists and bewildered gentrifiers trying not to get killed while their real-estate investments matured. i went up goat hill and walked past goat hill pizza, which made me think of the jail i'd been held in, and i had to sit down on the bench out front of the restaurant until my shakes passed. then i noticed the truck up the hill from me, a nondescript -wheeler with three metal steps coming down from the back end. i got up and got moving. i felt the eyes watching me from all directions. i hurried the rest of the way home. i didn't look at the painted ladies or the gardens or the housecats. i kept my eyes down. both my parents' cars were in the driveway, even though it was the middle of the day. of course. dad works in the east bay, so he'd be stuck at home while they worked on the bridge. mom -- well, who knew why mom was home. they were home for me. even before i'd finished unlocking the door it had been jerked out of my hand and flung wide. there were both of my parents, looking gray and haggard, bug-eyed and staring at me. we stood there in frozen tableau for a moment, then they both rushed forward and dragged me into the house, nearly tripping me up. they were both talking so loud and fast all i could hear was a wordless, roaring gabble and they both hugged me and cried and i cried too and we just stood there like that in the little foyer, crying and making almost-words until we ran out of steam and went into the kitchen. i did what i always did when i came home: got myself a glass of water from the filter in the fridge and dug a couple cookies out of the "biscuit barrel" that mom's sister had sent us from england. the normalcy of this made my heart stop hammering, my heart catching up with my brain, and soon we were all sitting at the table. "where have you been?" they both said, more or less in unison. i had given this some thought on the way home. "i got trapped," i said. "in oakland. i was there with some friends, doing a project, and we were all quarantined." "for five days?" "yeah," i said. "yeah. it was really bad." i'd read about the quarantines in the chronicle and i cribbed shamelessly from the quotes they'd published. "yeah. everyone who got caught in the cloud. they thought we had been attacked with some kind of super-bug and they packed us into shipping containers in the docklands, like sardines. it was really hot and sticky. not much food, either." "christ," dad said, his fists balling up on the table. dad teaches in berkeley three days a week, working with a few grad students in the library science program. the rest of the time he consults for clients in city and down the peninsula, third-wave dotcoms that are doing various things with archives. he's a mild-mannered librarian by profession, but he'd been a real radical in the sixties and wrestled a little in high school. i'd seen him get crazy angry now and again -- i'd even made him that angry now and again -- and he could seriously lose it when he was hulking out. he once threw a swing-set from ikea across my granddad's whole lawn when it fell apart for the fiftieth time while he was assembling it. "barbarians," mom said. she's been living in america since she was a teenager, but she still comes over all british when she encounters american cops, health-care, airport security or homelessness. then the word is "barbarians," and her accent comes back strong. we'd been to london twice to see her family and i can't say as it felt any more civilized than san francisco, just more cramped. "but they let us go, and ferried us over today." i was improvising now. "are you hurt?" mom said. "hungry?" "sleepy?" "yeah, a little of all that. also dopey, doc, sneezy and bashful." we had a family tradition of seven dwarfs jokes. they both smiled a little, but their eyes were still wet. i felt really bad for them. they must have been out of their minds with worry. i was glad for a chance to change the subject. "i'd totally love to eat." "i'll order a pizza from goat hill," dad said. "no, not that," i said. they both looked at me like i'd sprouted antennae. i normally have a thing about goat hill pizza -- as in, i can normally eat it like a goldfish eats his food, gobbling until it either runs out or i pop. i tried to smile. "i just don't feel like pizza," i said, lamely. "let's order some curry, ok?" thank heaven that san francisco is take-out central. mom went to the drawer of take-out menus (more normalcy, feeling like a drink of water on a dry, sore throat) and riffled through them. we spent a couple of distracting minutes going through the menu from the halal pakistani place on valencia. i settled on a mixed tandoori grill and creamed spinach with farmer's cheese, a salted mango lassi (much better than it sounds) and little fried pastries in sugar syrup. once the food was ordered, the questions started again. they'd heard from van's, jolu's and darryl's families (of course) and had tried to report us missing. the police were taking names, but there were so many "displaced persons" that they weren't going to open files on anyone unless they were still missing after seven days. meanwhile, millions of have-you-seen sites had popped up on the net. a couple of the sites were old myspace clones that had run out of money and saw a new lease on life from all the attention. after all, some venture capitalists had missing family in the bay area. maybe if they were recovered, the site would attract some new investment. i grabbed dad's laptop and looked through them. they were plastered with advertising, of course, and pictures of missing people, mostly grad photos, wedding pictures and that sort of thing. it was pretty ghoulish. i found my pic and saw that it was linked to van's, jolu's, and darryl's. there was a little form for marking people found and another one for writing up notes about other missing people. i filled in the fields for me and jolu and van, and left darryl blank. "you forgot darryl," dad said. he didn't like darryl much -- once he'd figured out that a couple inches were missing out of one of the bottles in his liquor cabinet, and to my enduring shame i'd blamed it on darryl. in truth, of course, it had been both of us, just fooling around, trying out vodka-and-cokes during an all-night gaming session. "he wasn't with us," i said. the lie tasted bitter in my mouth. "oh my god," my mom said. she squeezed her hands together. "we just assumed when you came home that you'd all been together." "no," i said, the lie growing. "no, he was supposed to meet us but we never met up. he's probably just stuck over in berkeley. he was going to take the bart over." mom made a whimpering sound. dad shook his head and closed his eyes. "don't you know about the bart?" he said. i shook my head. i could see where this was going. i felt like the ground was rushing up to me. "they blew it up," dad said. "the bastards blew it up at the same time as the bridge." that hadn't been on the front page of the chronicle, but then, a bart blowout under the water wouldn't be nearly as picturesque as the images of the bridge hanging in tatters and pieces over the bay. the bart tunnel from the embarcadero in san francisco to the west oakland station was submerged. i went back to dad's computer and surfed the headlines. no one was sure, but the body count was in the thousands. between the cars that plummeted feet to the sea and the people drowned in the trains, the deaths were mounting. one reporter claimed to have interviewed an "identity counterfeiter" who'd helped "dozens" of people walk away from their old lives by simply vanishing after the attacks, getting new id made up, and slipping away from bad marriages, bad debts and bad lives. dad actually got tears in his eyes, and mom was openly crying. they each hugged me again, patting me with their hands as if to assure themselves that i was really there. they kept telling me they loved me. i told them i loved them too. we had a weepy dinner and mom and dad had each had a couple glasses of wine, which was a lot for them. i told them that i was getting sleepy, which was true, and mooched up to my room. i wasn't going to bed, though. i needed to get online and find out what was going on. i needed to talk to jolu and vanessa. i needed to get working on finding darryl. i crept up to my room and opened the door. i hadn't seen my old bed in what felt like a thousand years. i lay down on it and reached over to my bedstand to grab my laptop. i must have not plugged it in all the way -- the electrical adapter needed to be jiggled just right -- so it had slowly discharged while i was away. i plugged it back in and gave it a minute or two to charge up before trying to power it up again. i used the time to get undressed and throw my clothes in the trash -- i never wanted to see them again -- and put on a clean pair of boxers and a fresh t-shirt. the fresh-laundered clothes, straight out of my drawers, felt so familiar and comfortable, like getting hugged by my parents. i powered up my laptop and punched a bunch of pillows into place behind me at the top of the bed. i scooched back and opened my computer's lid and settled it onto my thighs. it was still booting, and man, those icons creeping across the screen looked *good*. it came all the way up and then it started giving me more low-power warnings. i checked the power-cable again and wiggled it and they went away. the power-jack was really flaking out. in fact, it was so bad that i couldn't actually get anything done. every time i took my hand off the power-cable it lost contact and the computer started to complain about its battery. i took a closer look at it. the whole case of my computer was slightly misaligned, the seam split in an angular gape that started narrow and widened toward the back. sometimes you look at a piece of equipment and discover something like this and you wonder, "was it always like that?" maybe you just never noticed. but with my laptop, that wasn't possible. you see, i built it. after the board of ed issued us all with schoolbooks, there was no way my parents were going to buy me a computer of my own, even though technically the schoolbook didn't belong to me, and i wasn't supposed to install software on it or mod it. i had some money saved -- odd jobs, christmases and birthdays, a little bit of judicious ebaying. put it all together and i had enough money to buy a totally crappy, five-year-old machine. so darryl and i built one instead. you can buy laptop cases just like you can buy cases for desktop pcs, though they're a little more specialized than plain old pcs. i'd built a couple pcs with darryl over the years, scavenging parts from craigslist and garage sales and ordering stuff from cheap cheap taiwanese vendors we found on the net. i figured that building a laptop would be the best way to get the power i wanted at the price i could afford. to build your own laptop, you start by ordering a "barebook" -- a machine with just a little hardware in it and all the right slots. the good news was, once i was done, i had a machine that was a whole pound lighter than the dell i'd had my eye on, ran faster, and cost a third of what i would have paid dell. the bad news was that assembling a laptop is like building one of those ships in a bottle. it's all finicky work with tweezers and magnifying glasses, trying to get everything to fit in that little case. unlike a full-sized pc -- which is mostly air -- every cubic millimeter of space in a laptop is spoken for. every time i thought i had it, i'd go to screw the thing back together and find that something was keeping the case from closing all the way, and it'd be back to the drawing board. so i knew *exactly* how the seam on my laptop was supposed to look when the thing was closed, and it was *not* supposed to look like this. i kept jiggling the power-adapter, but it was hopeless. there was no way i was going to get the thing to boot without taking it apart. i groaned and put it beside the bed. i'd deal with it in the morning. # that was the theory, anyway. two hours later, i was still staring at the ceiling, playing back movies in my head of what they'd done to me, what i should have done, all regrets and *esprit d'escalier.* i rolled out of bed. it had gone midnight and i'd heard my parents hit the sack at eleven. i grabbed the laptop and cleared some space on my desk and clipped the little led lamps to the temples of my magnifying glasses and pulled out a set of little precision screwdrivers. a minute later, i had the case open and the keyboard removed and i was staring at the guts of my laptop. i got a can of compressed air and blew out the dust that the fan had sucked in and looked things over. something wasn't right. i couldn't put my finger on it, but then it had been months since i'd had the lid off this thing. luckily, the third time i'd had to open it up and struggle to close it again, i'd gotten smart: i'd taken a photo of the guts with everything in place. i hadn't been totally smart: at first, i'd just left that pic on my hard drive, and naturally i couldn't get to it when i had the laptop in parts. but then i'd printed it out and stuck it in my messy drawer of papers, the dead-tree graveyard where i kept all the warranty cards and pin-out diagrams. i shuffled them -- they seemed messier than i remembered -- and brought out my photo. i set it down next to the computer and kind of unfocused my eyes, trying to find things that looked out of place. then i spotted it. the ribbon cable that connected the keyboard to the logic-board wasn't connected right. that was a weird one. there was no torque on that part, nothing to dislodge it in the course of normal operations. i tried to press it back down again and discovered that the plug wasn't just badly mounted -- there was something between it and the board. i tweezed it out and shone my light on it. there was something new in my keyboard. it was a little chunk of hardware, only a sixteenth of an inch thick, with no markings. the keyboard was plugged into it, and it was plugged into the board. it other words, it was perfectly situated to capture all the keystrokes i made while i typed on my machine. it was a bug. my heart thudded in my ears. it was dark and quiet in the house, but it wasn't a comforting dark. there were eyes out there, eyes and ears, and they were watching me. surveilling me. the surveillance i faced at school had followed me home, but this time, it wasn't just the board of education looking over my shoulder: the department of homeland security had joined them. i almost took the bug out. then i figured that who ever put it there would know that it was gone. i left it in. it made me sick to do it. i looked around for more tampering. i couldn't find any, but did that mean there hadn't been any? someone had broken into my room and planted this device -- had disassembled my laptop and reassembled it. there were lots of other ways to wiretap a computer. i could never find them all. i put the machine together with numb fingers. this time, the case wouldn't snap shut just right, but the power-cable stayed in. i booted it up and set my fingers on the keyboard, thinking that i would run some diagnostics and see what was what. but i couldn't do it. hell, maybe my room was wiretapped. maybe there was a camera spying on me now. i'd been feeling paranoid when i got home. now i was nearly out of my skin. it felt like i was back in jail, back in the interrogation room, stalked by entities who had me utterly in their power. it made me want to cry. only one thing for it. i went into the bathroom and took off the toilet-paper roll and replaced it with a fresh one. luckily, it was almost empty already. i unrolled the rest of the paper and dug through my parts box until i found a little plastic envelope full of ultra-bright white leds i'd scavenged out of a dead bike-lamp. i punched their leads through the cardboard tube carefully, using a pin to make the holes, then got out some wire and connected them all in series with little metal clips. i twisted the wires into the leads for a nine-volt battery and connected the battery. now i had a tube ringed with ultra-bright, directional leds, and i could hold it up to my eye and look through it. i'd built one of these last year as a science fair project and had been thrown out of the fair once i showed that there were hidden cameras in half the classrooms at chavez high. pinhead video-cameras cost less than a good restaurant dinner these days, so they're showing up everywhere. sneaky store clerks put them in changing rooms or tanning salons and get pervy with the hidden footage they get from their customers -- sometimes they just put it on the net. knowing how to turn a toilet-paper roll and three bucks' worth of parts into a camera-detector is just good sense. this is the simplest way to catch a spy-cam. they have tiny lenses, but they reflect light like the dickens. it works best in a dim room: stare through the tube and slowly scan all the walls and other places someone might have put a camera until you see the glint of a reflection. if the reflection stays still as you move around, that's a lens. there wasn't a camera in my room -- not one i could detect, anyway. there might have been audio bugs, of course. or better cameras. or nothing at all. can you blame me for feeling paranoid? i loved that laptop. i called it the salmagundi, which means anything made out of spare parts. once you get to naming your laptop, you know that you're really having a deep relationship with it. now, though, i felt like i didn't want to ever touch it again. i wanted to throw it out the window. who knew what they'd done to it? who knew how it had been tapped? i put it in a drawer with the lid shut and looked at the ceiling. it was late and i should be in bed. there was no way i was going to sleep now, though. i was tapped. everyone might be tapped. the world had changed forever. "i'll find a way to get them," i said. it was a vow, i knew it when i heard it, though i'd never made a vow before. i couldn't sleep after that. and besides, i had an idea. somewhere in my closet was a shrink-wrapped box containing one still-sealed, mint-in-package xbox universal. every xbox has been sold way below cost -- microsoft makes most of its money charging games companies money for the right to put out xbox games -- but the universal was the first xbox that microsoft decided to give away entirely for free. last christmas season, there'd been poor losers on every corner dressed as warriors from the halo series, handing out bags of these game-machines as fast as they could. i guess it worked -- everyone says they sold a whole butt-load of games. naturally, there were countermeasures to make sure you only played games from companies that had bought licenses from microsoft to make them. hackers blow through those countermeasures. the xbox was cracked by a kid from mit who wrote a best-selling book about it, and then the went down, and then the short-lived xbox portable (which we all called the "luggable" -- it weighed three pounds!) succumbed. the universal was supposed to be totally bulletproof. the high school kids who broke it were brazilian linux hackers who lived in a *favela* -- a kind of squatter's slum. never underestimate the determination of a kid who is time-rich and cash-poor. once the brazilians published their crack, we all went nuts on it. soon there were dozens of alternate operating systems for the xbox universal. my favorite was paranoidxbox, a flavor of paranoid linux. paranoid linux is an operating system that assumes that its operator is under assault from the government (it was intended for use by chinese and syrian dissidents), and it does everything it can to keep your communications and documents a secret. it even throws up a bunch of "chaff" communications that are supposed to disguise the fact that you're doing anything covert. so while you're receiving a political message one character at a time, paranoidlinux is pretending to surf the web and fill in questionnaires and flirt in chat-rooms. meanwhile, one in every five hundred characters you receive is your real message, a needle buried in a huge haystack. i'd burned a paranoidxbox dvd when they first appeared, but i'd never gotten around to unpacking the xbox in my closet, finding a tv to hook it up to and so on. my room is crowded enough as it is without letting microsoft crashware eat up valuable workspace. tonight, i'd make the sacrifice. it took about twenty minutes to get up and running. not having a tv was the hardest part, but eventually i remembered that i had a little overhead lcd projector that had standard tv rca connectors on the back. i connected it to the xbox and shone it on the back of my door and got paranoidlinux installed. now i was up and running, and paranoidlinux was looking for other xbox universals to talk to. every xbox universal comes with built-in wireless for multiplayer gaming. you can connect to your neighbors on the wireless link and to the internet, if you have a wireless internet connection. i found three different sets of neighbors in range. two of them had their xbox universals also connected to the internet. paranoidxbox loved that configuration: it could siphon off some of my neighbors' internet connections and use them to get online through the gaming network. the neighbors would never miss the packets: they were paying for flat-rate internet connections, and they weren't exactly doing a lot of surfing at am. the best part of all this is how it made me *feel*: in control. my technology was working for me, serving me, protecting me. it wasn't spying on me. this is why i loved technology: if you used it right, it could give you power and privacy. my brain was really going now, running like . there were lots of reasons to run paranoidxbox -- the best one was that anyone could write games for it. already there was a port of mame, the multiple arcade machine emulator, so you could play practically any game that had ever been written, all the way back to pong -- games for the apple ][+ and games for the colecovision, games for the nes and the dreamcast, and so on. even better were all the cool multiplayer games being built specifically for paranoidxbox -- totally free hobbyist games that anyone could run. when you combined it all, you had a free console full of free games that could get you free internet access. and the best part -- as far as i was concerned -- was that paranoidxbox was *paranoid*. every bit that went over the air was scrambled to within an inch of its life. you could wiretap it all you wanted, but you'd never figure out who was talking, what they were talking about, or who they were talking to. anonymous web, email and im. just what i needed. all i had to do now was convince everyone i knew to use it too. &&& chapter [[this chapter is dedicated to powell's books, the legendary "city of books" in portland, oregon. powell's is the largest bookstore in the world, an endless, multi-storey universe of papery smells and towering shelves. they stock new and used books on the same shelves -- something i've always loved -- and every time i've stopped in, they've had a veritable mountain of my books, and they've been incredibly gracious about asking me to sign the store-stock. the clerks are friendly, the stock is fabulous, and there's even a powell's at the portland airport, making it just about the best airport bookstore in the world for my money!]] [[powell's books: http://www.powells.com/cgi-bin/biblio?isbn= w burnside, portland, or usa + ]] believe it or not, my parents made me go to school the next day. i'd only fallen into feverish sleep at three in the morning, but at seven the next day, my dad was standing at the foot of my bed, threatening to drag me out by the ankles. i managed to get up -- something had died in my mouth after painting my eyelids shut -- and into the shower. i let my mom force a piece of toast and a banana into me, wishing fervently that my parents would let me drink coffee at home. i could sneak one on the way to school, but watching them sip down their black gold while i was drag-assing around the house, getting dressed and putting my books in my bag -- it was awful. i've walked to school a thousand times, but today it was different. i went up and over the hills to get down into the mission, and everywhere there were trucks. i saw new sensors and traffic cameras installed at many of the stop-signs. someone had a lot of surveillance gear lying around, waiting to be installed at the first opportunity. the attack on the bay bridge had been just what they needed. it all made the city seem more subdued, like being inside an elevator, embarrassed by the close scrutiny of your neighbors and the ubiquitous cameras. the turkish coffee shop on th street fixed me up good with a go-cup of turkish coffee. basically, turkish coffee is mud, pretending to be coffee. it's thick enough to stand a spoon up in, and it has way more caffeine than the kiddee-pops like red bull. take it from someone who's read the wikipedia entry: this is how the ottoman empire was won: maddened horsemen fueled by lethal jet-black coffee-mud. i pulled out my debit card to pay and he made a face. "no more debit," he said. "huh? why not?" i'd paid for my coffee habit on my card for years at the turk's. he used to hassle me all the time, telling me i was too young to drink the stuff, and he still refused to serve me at all during school hours, convinced that i was skipping class. but over the years, the turk and me have developed a kind of gruff understanding. he shook his head sadly. "you wouldn't understand. go to school, kid." there's no surer way to make me want to understand than to tell me i won't. i wheedled him, demanding that he tell me. he looked like he was going to throw me out, but when i asked him if he thought i wasn't good enough to shop there, he opened up. "the security," he said, looking around his little shop with its tubs of dried beans and seeds, its shelves of turkish groceries. "the government. they monitor it all now, it was in the papers. patriot act ii, the congress passed it yesterday. now they can monitor every time you use your card. i say no. i say my shop will not help them spy on my customers." my jaw dropped. "you think it's no big deal maybe? what is the problem with government knowing when you buy coffee? because it's one way they know where you are, where you been. why you think i left turkey? where you have government always spying on the people, is no good. i move here twenty years ago for freedom -- i no help them take freedom away." "you're going to lose so many sales," i blurted. i wanted to tell him he was a hero and shake his hand, but that was what came out. "everyone uses debit cards." "maybe not so much anymore. maybe my customers come here because they know i love freedom too. i am making sign for window. maybe other stores do the same. i hear the aclu will sue them for this." "you've got all my business from now on," i said. i meant it. i reached into my pocket. "um, i don't have any cash, though." he pursed his lips and nodded. "many peoples say the same thing. is ok. you give today's money to the aclu." in two minutes, the turk and i had exchanged more words than we had in all the time i'd been coming to his shop. i had no idea he had all these passions. i just thought of him as my friendly neighborhood caffeine dealer. now i shook his hand and when i left his store, i felt like he and i had joined a team. a secret team. # i'd missed two days of school but it seemed like i hadn't missed much class. they'd shut the school on one of those days while the city scrambled to recover. the next day had been devoted, it seemed, to mourning those missing and presumed dead. the newspapers published biographies of the lost, personal memorials. the web was filled with these capsule obituaries, thousands of them. embarrassingly, i was one of those people. i stepped into the schoolyard, not knowing this, and then there was a shout and a moment later there were a hundred people around me, pounding me on the back, shaking my hand. a couple girls i didn't even know kissed me, and they were more than friendly kisses. i felt like a rock star. my teachers were only a little more subdued. ms galvez cried as much as my mother had and hugged me three times before she let me go to my desk and sit down. there was something new at the front of the classroom. a camera. ms galvez caught me staring at it and handed me a permission slip on smeary xeroxed school letterhead. the board of the san francisco unified school district had held an emergency session over the weekend and unanimously voted to ask the parents of every kid in the city for permission to put closed circuit television cameras in every classroom and corridor. the law said they couldn't force us to go to school with cameras all over the place, but it didn't say anything about us *volunteering* to give up our constitutional rights. the letter said that the board were sure that they would get complete compliance from the city's parents, but that they would make arrangements to teach those kids' whose parents objected in a separate set of "unprotected" classrooms. why did we have cameras in our classrooms now? terrorists. of course. because by blowing up a bridge, terrorists had indicated that schools were next. somehow that was the conclusion that the board had reached anyway. i read this note three times and then i stuck my hand up. "yes, marcus?" "ms galvez, about this note?" "yes, marcus." "isn't the point of terrorism to make us afraid? that's why it's called *terror*ism, right?" "i suppose so." the class was staring at me. i wasn't the best student in school, but i did like a good in-class debate. they were waiting to hear what i'd say next. "so aren't we doing what the terrorists want from us? don't they win if we act all afraid and put cameras in the classrooms and all of that?" there was some nervous tittering. one of the others put his hand up. it was charles. ms galvez called on him. "putting cameras in makes us safe, which makes us less afraid." "safe from what?" i said, without waiting to be called on. "terrorism," charles said. the others were nodding their heads. "how do they do that? if a suicide bomber rushed in here and blew us all up --" "ms galvez, marcus is violating school policy. we're not supposed to make jokes about terrorist attacks --" "who's making jokes?" "thank you, both of you," ms galvez said. she looked really unhappy. i felt kind of bad for hijacking her class. "i think that this is a really interesting discussion, but i'd like to hold it over for a future class. i think that these issues may be too emotional for us to have a discussion about them today. now, let's get back to the suffragists, shall we?" so we spent the rest of the hour talking about suffragists and the new lobbying strategies they'd devised for getting four women into every congresscritter's office to lean on him and let him know what it would mean for his political future if he kept on denying women the vote. it was normally the kind of thing i really liked -- little guys making the big and powerful be honest. but today i couldn't concentrate. it must have been darryl's absence. we both liked social studies and we would have had our schoolbooks out and an im session up seconds after sitting down, a back-channel for talking about the lesson. i'd burned twenty paranoidxbox discs the night before and i had them all in my bag. i handed them out to people i knew were really, really into gaming. they'd all gotten an xbox universal or two the year before, but most of them had stopped using them. the games were really expensive and not a lot of fun. i took them aside between periods, at lunch and study hall, and sang the praises of the paranoidxbox games to the sky. free and fun -- addictive social games with lots of cool people playing them from all over the world. giving away one thing to sell another is what they call a "razor blade business" -- companies like gillette give you free razor-blade handles and then stiff you by charging you a small fortune for the blades. printer cartridges are the worst for that -- the most expensive champagne in the world is cheap when compared with inkjet ink, which costs all of a penny a gallon to make wholesale. razor-blade businesses depend on you not being able to get the "blades" from someone else. after all, if gillette can make nine bucks on a ten-dollar replacement blade, why not start a competitor that makes only four bucks selling an identical blade: an percent profit margin is the kind of thing that makes your average business-guy go all drooly and round-eyed. so razor-blade companies like microsoft pour a lot of effort into making it hard and/or illegal to compete with them on the blades. in microsoft's case, every xbox has had countermeasures to keep you from running software that was released by people who didn't pay the microsoft blood-money for the right to sell xbox programs. the people i met didn't think much about this stuff. they perked up when i told them that the games were unmonitored. these days, any online game you play is filled with all kinds of unsavory sorts. first there are the pervs who try to get you to come out to some remote location so they can go all weird and silence of the lambs on you. then there are the cops, who are pretending to be gullible kids so they can bust the pervs. worst of all, though, are the monitors who spend all their time spying on our discussions and snitching on us for violating their terms of service, which say, no flirting, no cussing, and no "clear or masked language which insultingly refers to any aspect of sexual orientation or sexuality." i'm no / horn-dog, but i'm a seventeen year old boy. sex does come up in conversation every now and again. but god help you if it came up in chat while you were gaming. it was a real buzz-kill. no one monitored the paranoidxbox games, because they weren't run by a company: they were just games that hackers had written for the hell of it. so these game-kids loved the story. they took the discs greedily, and promised to burn copies for all of their friends -- after all, games are most fun when you're playing them with your buddies. when i got home, i read that a group of parents were suing the school board over the surveillance cameras in the classrooms, but that they'd already lost their bid to get a preliminary injunction against them. # i don't know who came up with the name xnet, but it stuck. you'd hear people talking about it on the muni. van called me up to ask me if i'd heard of it and i nearly choked once i figured out what she was talking about: the discs i'd started distributing last week had been sneakernetted and copied all the way to oakland in the space of two weeks. it made me look over my shoulder -- like i'd broken a rule and now the dhs would come and take me away forever. they'd been hard weeks. the bart had completely abandoned cash fares now, switching them for arphid "contactless" cards that you waved at the turnstiles to go through. they were cool and convenient, but every time i used one, i thought about how i was being tracked. someone on xnet posted a link to an electronic frontier foundation white paper on the ways that these things could be used to track people, and the paper had tiny stories about little groups of people that had protested at the bart stations. i used the xnet for almost everything now. i'd set up a fake email address through the pirate party, a swedish political party that hated internet surveillance and promised to keep their mail accounts a secret from everyone, even the cops. i accessed it strictly via xnet, hopping from one neighbor's internet connection to the next, staying anonymous -- i hoped -- all the way to sweden. i wasn't using w n ton anymore. if benson could figure it out, anyone could. my new handle, come up with on the spur of the moment, was m k y, and i got a *lot* of email from people who heard in chat rooms and message boards that i could help them troubleshoot their xnet configurations and connections. i missed harajuku fun madness. the company had suspended the game indefinitely. they said that for "security reasons" they didn't think it would be a good idea to hide things and then send people off to find them. what if someone thought it was a bomb? what if someone put a bomb in the same spot? what if i got hit by lightning while walking with an umbrella? ban umbrellas! fight the menace of lightning! i kept on using my laptop, though i got a skin-crawly feeling when i used it. whoever had wiretapped it would wonder why i didn't use it. i figured i'd just do some random surfing with it every day, a little less each day, so that anyone watching would see me slowly changing my habits, not doing a sudden reversal. mostly i read those creepy obits -- all those thousands of my friends and neighbors dead at the bottom of the bay. truth be told, i *was* doing less and less homework every day. i had business elsewhere. i burned new stacks of paranoidxbox every day, fifty or sixty, and took them around the city to people i'd heard were willing to burn sixty of their own and hand them out to their friends. i wasn't too worried about getting caught doing this, because i had good crypto on my side. crypto is cryptography, or "secret writing," and it's been around since roman times (literally: augustus caesar was a big fan and liked to invent his own codes, some of which we use today for scrambling joke punchlines in email). crypto is math. hard math. i'm not going to try to explain it in detail because i don't have the math to really get my head around it, either -- look it up on wikipedia if you really want. but here's the cliff's notes version: some kinds of mathematical functions are really easy to do in one direction and really hard to do in the other direction. it's easy to multiply two big prime numbers together and make a giant number. it's really, really hard to take any given giant number and figure out which primes multiply together to give you that number. that means that if you can come up with a way of scrambling something based on multiplying large primes, unscrambling it without knowing those primes will be hard. wicked hard. like, a trillion years of all the computers ever invented working / won't be able to do it. there are four parts to any crypto message: the original message, called the "cleartext." the scrambled message, called the "ciphertext." the scrambling system, called the "cipher." and finally there's the key: secret stuff you feed into the cipher along with the cleartext to make ciphertext. it used to be that crypto people tried to keep all of this a secret. every agency and government had its own ciphers *and* its own keys. the nazis and the allies didn't want the other guys to know how they scrambled their messages, let alone the keys that they could use to descramble them. that sounds like a good idea, right? wrong. the first time anyone told me about all this prime factoring stuff, i immediately said, "no way, that's bs. i mean, *sure* it's hard to do this prime factorization stuff, whatever you say it is. but it used to be impossible to fly or go to the moon or get a hard-drive with more than a few kilobytes of storage. someone *must* have invented a way of descrambling the messages." i had visions of a hollow mountain full of national security agency mathematicians reading every email in the world and snickering. in fact, that's pretty much what happened during world war ii. that's the reason that life isn't more like castle wolfenstein, where i've spent many days hunting nazis. the thing is, ciphers are hard to keep secret. there's a lot of math that goes into one, and if they're widely used, then everyone who uses them has to keep them a secret too, and if someone changes sides, you have to find a new cipher. the nazi cipher was called enigma, and they used a little mechanical computer called an enigma machine to scramble and unscramble the messages they got. every sub and boat and station needed one of these, so it was inevitable that eventually the allies would get their hands on one. when they did, they cracked it. that work was led by my personal all-time hero, a guy named alan turing, who pretty much invented computers as we know them today. unfortunately for him, he was gay, so after the war ended, the stupid british government forced him to get shot up with hormones to "cure" his homosexuality and he killed himself. darryl gave me a biography of turing for my th birthday -- wrapped in twenty layers of paper and in a recycled batmobile toy, he was like that with presents -- and i've been a turing junkie ever since. now the allies had the enigma machine, and they could intercept lots of nazi radio-messages, which shouldn't have been that big a deal, since every captain had his own secret key. since the allies didn't have the keys, having the machine shouldn't have helped. here's where secrecy hurts crypto. the enigma cipher was flawed. once turing looked hard at it, he figured out that the nazi cryptographers had made a mathematical mistake. by getting his hands on an enigma machine, turing could figure out how to crack *any* nazi message, no matter what key it used. that cost the nazis the war. i mean, don't get me wrong. that's good news. take it from a castle wolfenstein veteran. you wouldn't want the nazis running the country. after the war, cryptographers spent a lot of time thinking about this. the problem had been that turing was smarter than the guy who thought up enigma. any time you had a cipher, you were vulnerable to someone smarter than you coming up with a way of breaking it. and the more they thought about it, the more they realized that *anyone* can come up with a security system that he can't figure out how to break. but *no one* can figure out what a smarter person might do. you have to publish a cipher to know that it works. you have to tell *as many people as possible* how it works, so that they can thwack on it with everything they have, testing its security. the longer you go without anyone finding a flaw, the more secure you are. which is how it stands today. if you want to be safe, you don't use crypto that some genius thought of last week. you use the stuff that people have been using for as long as possible without anyone figuring out how to break them. whether you're a bank, a terrorist, a government or a teenager, you use the same ciphers. if you tried to use your own cipher, there'd be the chance that someone out there had found a flaw you missed and was doing a turing on your butt, deciphering all your "secret" messages and chuckling at your dumb gossip, financial transactions and military secrets. so i knew that crypto would keep me safe from eavesdroppers, but i wasn't ready to deal with histograms. # i got off the bart and waved my card over the turnstile as i headed up to the th street station. as usual, there were lots of weirdos hanging out in the station, drunks and jesus freaks and intense mexican men staring at the ground and a few gang kids. i looked straight past them as i hit the stairs and jogged up to the surface. my bag was empty now, no longer bulging with the paranoidxbox discs i'd been distributing, and it made my shoulders feel light and put a spring in my step as i came up the street. the preachers were at work still, exhorting in spanish and english about jesus and so on. the counterfeit sunglass sellers were gone, but they'd been replaced by guys selling robot dogs that barked the national anthem and would lift their legs if you showed them a picture of osama bin laden. there was probably some cool stuff going on in their little brains and i made a mental note to pick a couple of them up and take them apart later. face-recognition was pretty new in toys, having only recently made the leap from the military to casinos trying to find cheats, to law enforcement. i started down th street toward potrero hill and home, rolling my shoulders and smelling the burrito smells wafting out of the restaurants and thinking about dinner. i don't know why i happened to glance back over my shoulder, but i did. maybe it was a little bit of subconscious sixth-sense stuff. i knew i was being followed. they were two beefy white guys with little mustaches that made me think of either cops or the gay bikers who rode up and down the castro, but gay guys usually had better haircuts. they had on windbreakers the color of old cement and blue-jeans, with their waistbands concealed. i thought of all the things a cop might wear on his waistband, of the utility-belt that dhs guy in the truck had worn. both guys were wearing bluetooth headsets. i kept walking, my heart thumping in my chest. i'd been expecting this since i started. i'd been expecting the dhs to figure out what i was doing. i took every precaution, but severe-haircut woman had told me that she'd be watching me. she'd told me i was a marked man. i realized that i'd been waiting to get picked up and taken back to jail. why not? why should darryl be in jail and not me? what did i have going for me? i hadn't even had the guts to tell my parents -- or his -- what had really happened to us. i quickened my steps and took a mental inventory. i didn't have anything incriminating in my bag. not too incriminating, anyway. my schoolbook was running the crack that let me im and stuff, but half the people in school had that. i'd changed the way i encrypted the stuff on my phone -- now i *did* have a fake partition that i could turn back into cleartext with one password, but all the good stuff was hidden, and needed another password to open up. that hidden section looked just like random junk -- when you encrypt data, it becomes indistinguishable from random noise -- and they'd never even know it was there. there were no discs in my bag. my laptop was free of incriminating evidence. of course, if they thought to look hard at my xbox, it was game over. so to speak. i stopped where i was standing. i'd done as good a job as i could of covering myself. it was time to face my fate. i stepped into the nearest burrito joint and ordered one with carnitas -- shredded pork -- and extra salsa. might as well go down with a full stomach. i got a bucket of horchata, too, an ice-cold rice drink that's like watery, semi-sweet rice-pudding (better than it sounds). i sat down to eat, and a profound calm fell over me. i was about to go to jail for my "crimes," or i wasn't. my freedom since they'd taken me in had been just a temporary holiday. my country was not my friend anymore: we were now on different sides and i'd known i could never win. the two guys came into the restaurant as i was finishing the burrito and going up to order some churros -- deep-fried dough with cinnamon sugar -- for dessert. i guess they'd been waiting outside and got tired of my dawdling. they stood behind me at the counter, boxing me in. i took my churro from the pretty granny and paid her, taking a couple of quick bites of the dough before i turned around. i wanted to eat at least a little of my dessert. it might be the last dessert i got for a long, long time. then i turned around. they were both so close i could see the zit on the cheek of the one on the left, the little booger up the nose of the other. "'scuse me," i said, trying to push past them. the one with the booger moved to block me. "sir," he said, "can you step over here with us?" he gestured toward the restaurant's door. "sorry, i'm eating," i said and moved again. this time he put his hand on my chest. he was breathing fast through his nose, making the booger wiggle. i think i was breathing hard too, but it was hard to tell over the hammering of my heart. the other one flipped down a flap on the front of his windbreaker to reveal a sfpd insignia. "police," he said. "please come with us." "let me just get my stuff," i said. "we'll take care of that," he said. the booger one stepped right up close to me, his foot on the inside of mine. you do that in some martial arts, too. it lets you feel if the other guy is shifting his weight, getting ready to move. i wasn't going to run, though. i knew i couldn't outrun fate. &&& chapter [[this chapter is dedicated to new york city's books of wonder, the oldest and largest kids' bookstore in manhattan. they're located just a few blocks away from tor books' offices in the flatiron building and every time i drop in to meet with the tor people, i always sneak away to books of wonder to peruse their stock of new, used and rare kids' books. i'm a heavy collector of rare editions of alice in wonderland, and books of wonder never fails to excite me with some beautiful, limited-edition alice. they have tons of events for kids and one of the most inviting atmospheres i've ever experienced at a bookstore.]] [[books of wonder http://www.booksofwonder.com/ west th st, new york, ny usa + ]] they took me outside and around the corner, to a waiting unmarked police car. it wasn't like anyone in that neighborhood would have had a hard time figuring out that it was a cop-car, though. only police drive big crown victorias now that gas had hit seven bucks a gallon. what's more, only cops could double-park in the middle of van ness street without getting towed by the schools of predatory tow-operators that circled endlessly, ready to enforce san francisco's incomprehensible parking regulations and collect a bounty for kidnapping your car. booger blew his nose. i was sitting in the back seat, and so was he. his partner was sitting in the front, typing with one finger on an ancient, ruggedized laptop that looked like fred flintstone had been its original owner. booger looked closely at my id again. "we just want to ask you a few routine questions." "can i see your badges?" i said. these guys were clearly cops, but it couldn't hurt to let them know i knew my rights. booger flashed his badge at me too fast for me to get a good look at it, but zit in the front seat gave me a long look at his. i got their division number and memorized the four-digit badge number. it was easy: is also the way hackers write "leet," or "elite." they were both being very polite and neither of them was trying to intimidate me the way that the dhs had done when i was in their custody. "am i under arrest?" "you've been momentarily detained so that we can ensure your safety and the general public safety," booger said. he passed my driver's license up to zit, who pecked it slowly into his computer. i saw him make a typo and almost corrected him, but figured it was better to just keep my mouth shut. "is there anything you want to tell me, marcus? do they call you marc?" "marcus is fine," i said. booger looked like he might be a nice guy. except for the part about kidnapping me into his car, of course. "marcus. anything you want to tell me?" "like what? am i under arrest?" "you're not under arrest right now," booger said. "would you like to be?" "no," i said. "good. we've been watching you since you left the bart. your fast pass says that you've been riding to a lot of strange places at a lot of funny hours." i felt something let go inside my chest. this wasn't about the xnet at all, then, not really. they'd been watching my subway use and wanted to know why it had been so freaky lately. how totally stupid. "so you guys follow everyone who comes out of the bart station with a funny ride-history? you must be busy." "not everyone, marcus. we get an alert when anyone with an uncommon ride profile comes out and that helps us assess whether we want to investigate. in your case, we came along because we wanted to know why a smart-looking kid like you had such a funny ride profile?" now that i knew i wasn't about to go to jail, i was getting pissed. these guys had no business spying on me -- christ, the bart had no business *helping* them to spy on me. where the hell did my subway pass get off on finking me out for having a "nonstandard ride pattern?" "i think i'd like to be arrested now," i said. booger sat back and raised his eyebrow at me. "really? on what charge?" "oh, you mean riding public transit in a nonstandard way isn't a crime?" zit closed his eyes and scrubbed them with his thumbs. booger sighed a put-upon sigh. "look, marcus, we're on your side here. we use this system to catch bad guys. to catch terrorists and drug dealers. maybe you're a drug dealer yourself. pretty good way to get around the city, a fast pass. anonymous." "what's wrong with anonymous? it was good enough for thomas jefferson. and by the way, am i under arrest?" "let's take him home," zit said. "we can talk to his parents." "i think that's a great idea," i said. "i'm sure my parents will be anxious to hear how their tax dollars are being spent --" i'd pushed it too far. booger had been reaching for the door handle but now he whirled on me, all hulked out and throbbing veins. "why don't you shut up right now, while it's still an option? after everything that's happened in the past two weeks, it wouldn't kill you to cooperate with us. you know what, maybe we *should* arrest you. you can spend a day or two in jail while your lawyer looks for you. a lot can happen in that time. a *lot*. how'd you like that?" i didn't say anything. i'd been giddy and angry. now i was scared witless. "i'm sorry," i managed, hating myself again for saying it. booger got in the front seat and zit put the car in gear, cruising up th street and over potrero hill. they had my address from my id. mom answered the door after they rang the bell, leaving the chain on. she peeked around it, saw me and said, "marcus? who are these men?" "police," booger said. he showed her his badge, letting her get a good look at it -- not whipping it away the way he had with me. "can we come in?" mom closed the door and took the chain off and let them in. they brought me in and mom gave the three of us one of her looks. "what's this about?" booger pointed at me. "we wanted to ask your son some routine questions about his movements, but he declined to answer them. we felt it might be best to bring him here." "is he under arrest?" mom's accent was coming on strong. good old mom. "are you a united states citizen, ma'am?" zit said. she gave him a look that could have stripped paint. "i shore am, hyuck," she said, in a broad southern accent. "am *i* under arrest?" the two cops exchanged a look. zit took the fore. "we seem to have gotten off to a bad start. we identified your son as someone with a nonstandard public transit usage pattern, as part of a new pro-active enforcement program. when we spot people whose travels are unusual, or that match a suspicious profile, we investigate further." "wait," mom said. "how do you know how my son uses the muni?" "the fast pass," he said. "it tracks voyages." "i see," mom said, folding her arms. folding her arms was a bad sign. it was bad enough she hadn't offered them a cup of tea -- in mom-land, that was practically like making them shout through the mail-slot -- but once she folded her arms, it was not going to end well for them. at that moment, i wanted to go and buy her a big bunch of flowers. "marcus here declined to tell us why his movements had been what they were." "are you saying you think my son is a terrorist because of how he rides the bus?" "terrorists aren't the only bad guys we catch this way," zit said. "drug dealers. gang kids. even shoplifters smart enough to hit a different neighborhood with every run." "you think my son is a drug dealer?" "we're not saying that --" zit began. mom clapped her hands at him to shut him up. "marcus, please pass me your backpack." i did. mom unzipped it and looked through it, turning her back to us first. "officers, i can now affirm that there are no narcotics, explosives, or shoplifted gewgaws in my son's bag. i think we're done here. i would like your badge numbers before you go, please." booger sneered at her. "lady, the aclu is suing three hundred cops on the sfpd, you're going to have to get in line." # mom made me a cup of tea and then chewed me out for eating dinner when i knew that she'd been making falafel. dad came home while we were still at the table and mom and i took turns telling him the story. he shook his head. "lillian, they were just doing their jobs." he was still wearing the blue blazer and khakis he wore on the days that he was consulting in silicon valley. "the world isn't the same place it was last week." mom set down her teacup. "drew, you're being ridiculous. your son is not a terrorist. his use of the public transit system is not cause for a police investigation." dad took off his blazer. "we do this all the time at my work. it's how computers can be used to find all kinds of errors, anomalies and outcomes. you ask the computer to create a profile of an average record in a database and then ask it to find out which records in the database are furthest away from average. it's part of something called bayesian analysis and it's been around for centuries now. without it, we couldn't do spam-filtering --" "so you're saying that you think the police should suck as hard as my spam filter?" i said. dad never got angry at me for arguing with him, but tonight i could see the strain was running high in him. still, i couldn't resist. my own father, taking the police's side! "i'm saying that it's perfectly reasonable for the police to conduct their investigations by starting with data-mining, and then following it up with leg-work where a human being actually intervenes to see why the abnormality exists. i don't think that a computer should be telling the police whom to arrest, just helping them sort through the haystack to find a needle." "but by taking in all that data from the transit system, they're *creating the haystack*," i said. "that's a gigantic mountain of data and there's almost nothing worth looking at there, from the police's point of view. it's a total waste." "i understand that you don't like that this system caused you some inconvenience, marcus. but you of all people should appreciate the gravity of the situation. there was no harm done, was there? they even gave you a ride home." *they threatened to send me to jail,* i thought, but i could see there was no point in saying it. "besides, you still haven't told us where the blazing hells you've been to create such an unusual traffic pattern." that brought me up short. "i thought you relied on my judgment, that you didn't want to spy on me." he'd said this often enough. "do you really want me to account for every trip i've ever taken?" # i hooked up my xbox as soon as i got to my room. i'd bolted the projector to the ceiling so that it could shine on the wall over my bed (i'd had to take down my awesome mural of punk rock handbills i'd taken down off telephone poles and glued to big sheets of white paper). i powered up the xbox and watched as it came onto the screen. i was going to email van and jolu to tell them about the hassles with the cops, but as i put my fingers to the keyboard, i stopped again. a feeling crept over me, one not unlike the feeling i'd had when i realized that they'd turned poor old salmagundi into a traitor. this time, it was the feeling that my beloved xnet might be broadcasting the location of every one of its users to the dhs. it was what dad had said: *you ask the computer to create a profile of an average record in a database and then ask it to find out which records in the database are furthest away from average.* the xnet was secure because its users weren't directly connected to the internet. they hopped from xbox to xbox until they found one that was connected to the internet, then they injected their material as undecipherable, encrypted data. no one could tell which of the internet's packets were xnet and which ones were just plain old banking and e-commerce and other encrypted communication. you couldn't find out who was tying the xnet, let alone who was using the xnet. but what about dad's "bayesian statistics?" i'd played with bayesian math before. darryl and i once tried to write our own better spam filter and when you filter spam, you need bayesian math. thomas bayes was an th century british mathematician that no one cared about until a couple hundred years after he died, when computer scientists realized that his technique for statistically analyzing mountains of data would be super-useful for the modern world's info-himalayas. here's some of how bayesian stats work. say you've got a bunch of spam. you take every word that's in the spam and count how many times it appears. this is called a "word frequency histogram" and it tells you what the probability is that any bag of words is likely to be spam. now, take a ton of email that's not spam -- in the biz, they call that "ham" -- and do the same. wait until a new email arrives and count the words that appear in it. then use the word-frequency histogram in the candidate message to calculate the probability that it belongs in the "spam" pile or the "ham" pile. if it turns out to be spam, you adjust the "spam" histogram accordingly. there are lots of ways to refine the technique -- looking at words in pairs, throwing away old data -- but this is how it works at core. it's one of those great, simple ideas that seems obvious after you hear about it. it's got lots of applications -- you can ask a computer to count the lines in a picture and see if it's more like a "dog" line-frequency histogram or a "cat" line-frequency histogram. it can find porn, bank fraud, and flamewars. useful stuff. and it was bad news for the xnet. say you had the whole internet wiretapped -- which, of course, the dhs has. you can't tell who's passing xnet packets by looking at the contents of those packets, thanks to crypto. what you *can* do is find out who is sending way, way more encrypted traffic out than everyone else. for a normal internet surfer, a session online is probably about percent cleartext, five percent ciphertext. if someone is sending out percent ciphertext, maybe you could dispatch the computer-savvy equivalents of booger and zit to ask them if they're terrorist drug-dealer xnet users. this happens all the time in china. some smart dissident will get the idea of getting around the great firewall of china, which is used to censor the whole country's internet connection, by using an encrypted connection to a computer in some other country. now, the party there can't tell what the dissident is surfing: maybe it's porn, or bomb-making instructions, or dirty letters from his girlfriend in the philippines, or political material, or good news about scientology. they don't have to know. all they have to know is that this guy gets way more encrypted traffic than his neighbors. at that point, they send him to a forced labor camp just to set an example so that everyone can see what happens to smart-asses. so far, i was willing to bet that the xnet was under the dhs's radar, but it wouldn't be the case forever. and after tonight, i wasn't sure that i was in any better shape than a chinese dissident. i was putting all the people who signed onto the xnet in jeopardy. the law didn't care if you were actually doing anything bad; they were willing to put you under the microscope just for being statistically abnormal. and i couldn't even stop it -- now that the xnet was running, it had a life of its own. i was going to have to fix it some other way. i wished i could talk to jolu about this. he worked at an internet service provider called pigspleen net that had hired him when he was twelve, and he knew way more about the net than i did. if anyone knew how to keep our butts out of jail, it would be him. luckily, van and jolu and i were planning to meet for coffee the next night at our favorite place in the mission after school. officially, it was our weekly harajuku fun madness team meeting, but with the game canceled and darryl gone, it was pretty much just a weekly weep-fest, supplemented by about six phone-calls and ims a day that went, "are you ok? did it really happen?" it would be good to have something else to talk about. # "you're out of your mind," vanessa said. "are you actually, totally, really, for-real crazy or what?" she had shown up in her girl's school uniform because she'd been stuck going the long way home, all the way down to the san mateo bridge then back up into the city, on a shuttle-bus service that her school was operating. she hated being seen in public in her gear, which was totally sailor moon -- a pleated skirt and a tunic and knee-socks. she'd been in a bad mood ever since she turned up at the cafe, which was full of older, cooler, mopey emo art students who snickered into their lattes when she turned up. "what do you want me to do, van?" i said. i was getting exasperated myself. school was unbearable now that the game wasn't on, now that darryl was missing. all day long, in my classes, i consoled myself with the thought of seeing my team, what was left of it. now we were fighting. "i want you to stop putting yourself at risk, m k y." the hairs on the back of my neck stood up. sure, we always used our team handles at team meetings, but now that my handle was also associated with my xnet use, it scared me to hear it said aloud in a public place. "don't use that name in public anymore," i snapped. van shook her head. "that's just what i'm talking about. you could end up going to jail for this, marcus, and not just you. lots of people. after what happened to darryl --" "i'm doing this for darryl!" art students swiveled to look at us and i lowered my voice. "i'm doing this because the alternative is to let them get away with it all." "you think you're going to stop them? you're out of your mind. they're the government." "it's still our country," i said. "we still have the right to do this." van looked like she was going to cry. she took a couple of deep breaths and stood up. "i can't do it, i'm sorry. i can't watch you do this. it's like watching a car-wreck in slow motion. you're going to destroy yourself, and i love you too much to watch it happen." she bent down and gave me a fierce hug and a hard kiss on the cheek that caught the edge of my mouth. "take care of yourself, marcus," she said. my mouth burned where her lips had pressed it. she gave jolu the same treatment, but square on the cheek. then she left. jolu and i stared at each other after she'd gone. i put my face in my hands. "dammit," i said, finally. jolu patted me on the back and ordered me another latte. "it'll be ok," he said. "you'd think van, of all people, would understand." half of van's family lived in north korea. her parents never forgot that they had all those people living under a crazy dictator, not able to escape to america, the way her parents had. jolu shrugged. "maybe that's why she's so freaked out. because she knows how dangerous it can get." i knew what he was talking about. two of van's uncles had gone to jail and had never reappeared. "yeah," i said. "so how come you weren't on xnet last night?" i was grateful for the distraction. i explained it all to him, the bayesian stuff and my fear that we couldn't go on using xnet the way we had been without getting nabbed. he listened thoughtfully. "i see what you're saying. the problem is that if there's too much crypto in someone's internet connection, they'll stand out as unusual. but if you don't encrypt, you'll make it easy for the bad guys to wiretap you." "yeah," i said. "i've been trying to figure it out all day. maybe we could slow the connection down, spread it out over more peoples' accounts --" "won't work," he said. "to get it slow enough to vanish into the noise, you'd have to basically shut down the network, which isn't an option." "you're right," i said. "but what else can we do?" "what if we changed the definition of normal?" and that was why jolu got hired to work at pigspleen when he was . give him a problem with two bad solutions and he'd figure out a third totally different solution based on throwing away all your assumptions. i nodded vigorously. "go on, tell me." "what if the average san francisco internet user had a *lot* more crypto in his average day on the internet? if we could change the split so it's more like fifty-fifty cleartext to ciphertext, then the users that supply the xnet would just look like normal." "but how do we do that? people just don't care enough about their privacy to surf the net through an encrypted link. they don't see why it matters if eavesdroppers know what they're googling for." "yeah, but web-pages are small amounts of traffic. if we got people to routinely download a few giant encrypted files every day, that would create as much ciphertext as thousands of web-pages." "you're talking about indienet," i said. "you got it," he said. indienet -- all lower case, always -- was the thing that made pigspleen net into one of the most successful independent isps in the world. back when the major record labels started suing their fans for downloading their music, a lot of the independent labels and their artists were aghast. how can you make money by suing your customers? pigspleen's founder had the answer: she opened up a deal for any act that wanted to work with their fans instead of fighting them. give pigspleen a license to distribute your music to its customers and it would give you a share of the subscription fees based on how popular your music was. for an indie artist, the big problem isn't piracy, it's obscurity: no one even cares enough about your tunes to steal 'em. it worked. hundreds of independent acts and labels signed up with pigspleen, and the more music there was, the more fans switched to getting their internet service from pigspleen, and the more money there was for the artists. inside of a year, the isp had a hundred thousand new customers and now it had a million -- more than half the broadband connections in the city. "an overhaul of the indienet code has been on my plate for months now," jolu said. "the original programs were written really fast and dirty and they could be made a lot more efficient with a little work. but i just haven't had the time. one of the high-marked to-do items has been to encrypt the connections, just because trudy likes it that way." trudy doo was the founder of pigspleen. she was an old time san francisco punk legend, the singer/front-woman of the anarcho-feminist band speedwhores, and she was crazy about privacy. i could totally believe that she'd want her music service encrypted on general principles. "will it be hard? i mean, how long would it take?" "well, there's tons of crypto code for free online, of course," jolu said. he was doing the thing he did when he was digging into a meaty code problem -- getting that faraway look, drumming his palms on the table, making the coffee slosh into the saucers. i wanted to laugh -- everything might be destroyed and crap and scary, but jolu would write that code. "can i help?" he looked at me. "what, you don't think i can manage it?" "what?" "i mean, you did this whole xnet thing without even telling me. without talking to me. i kind of thought that you didn't need my help with this stuff." i was brought up short. "what?" i said again. jolu was looking really steamed now. it was clear that this had been eating him for a long time. "jolu --" he looked at me and i could see that he was furious. how had i missed this? god, i was such an idiot sometimes. "look dude, it's not a big deal --" by which he clearly meant that it was a really big deal "-- it's just that you know, you never even *asked*. i hate the dhs. darryl was my friend too. i could have really helped with it." i wanted to stick my head between my knees. "listen jolu, that was really stupid of me. i did it at like two in the morning. i was just crazy when it was happening. i --" i couldn't explain it. yeah, he was right, and that was the problem. it had been two in the morning but i could have talked to jolu about it the next day or the next. i hadn't because i'd known what he'd say -- that it was an ugly hack, that i needed to think it through better. jolu was always figuring out how to turn my am ideas into real code, but the stuff that he came out with was always a little different from what i'd come up with. i'd wanted the project for myself. i'd gotten totally into being m k y. "i'm sorry," i said at last. "i'm really, really sorry. you're totally right. i just got freaked out and did something stupid. i really need your help. i can't make this work without you." "you mean it?" "of course i mean it," i said. "you're the best coder i know. you're a goddamned genius, jolu. i would be honored if you'd help me with this." he drummed his fingers some more. "it's just -- you know. you're the leader. van's the smart one. darryl was... he was your second-in-command, the guy who had it all organized, who watched the details. being the programmer, that was *my* thing. it felt like you were saying you didn't need me." "oh man, i am such an idiot. jolu, you're the best-qualified person i know to do this. i'm really, really, really --" "all right, already. stop. fine. i believe you. we're all really screwed up right now. so yeah, of course you can help. we can probably even pay you -- i've got a little budget for contract programmers." "really?" no one had ever paid me for writing code. "sure. you're probably good enough to be worth it." he grinned and slugged me in the shoulder. jolu's really easy-going most of the time, which is why he'd freaked me out so much. i paid for the coffees and we went out. i called my parents and let them know what i was doing. jolu's mom insisted on making us sandwiches. we locked ourselves in his room with his computer and the code for indienet and we embarked on one of the great all-time marathon programming sessions. once jolu's family went to bed around : , we were able to kidnap the coffee-machine up to his room and go iv with our magic coffee bean supply. if you've never programmed a computer, you should. there's nothing like it in the whole world. when you program a computer, it does *exactly* what you tell it to do. it's like designing a machine -- any machine, like a car, like a faucet, like a gas-hinge for a door -- using math and instructions. it's awesome in the truest sense: it can fill you with awe. a computer is the most complicated machine you'll ever use. it's made of billions of micro-miniaturized transistors that can be configured to run any program you can imagine. but when you sit down at the keyboard and write a line of code, those transistors do what you tell them to. most of us will never build a car. pretty much none of us will ever create an aviation system. design a building. lay out a city. those are complicated machines, those things, and they're off-limits to the likes of you and me. but a computer is like, ten times more complicated, and it will dance to any tune you play. you can learn to write simple code in an afternoon. start with a language like python, which was written to give non-programmers an easier way to make the machine dance to their tune. even if you only write code for one day, one afternoon, you have to do it. computers can control you or they can lighten your work -- if you want to be in charge of your machines, you have to learn to write code. we wrote a lot of code that night. &&& chapter [[this chapter is dedicated to borders, the global bookselling giant that you can find in cities all over the world -- i'll never forget walking into the gigantic borders on orchard road in singapore and discovering a shelf loaded with my novels! for many years, the borders in oxford street in london hosted pat cadigan's monthly science fiction evenings, where local and visiting authors would read their work, speak about science fiction and meet their fans. when i'm in a strange city (which happens a lot) and i need a great book for my next flight, there always seems to be a borders brimming with great choices -- i'm especially partial to the borders on union square in san francisco.]] [[borders worldwide http://www.bordersstores.com/locator/locator.jsp]] i wasn't the only one who got screwed up by the histograms. there are lots of people who have abnormal traffic patterns, abnormal usage patterns. abnormal is so common, it's practically normal. the xnet was full of these stories, and so were the newspapers and the tv news. husbands were caught cheating on their wives; wives were caught cheating on their husbands, kids were caught sneaking out with illicit girlfriends and boyfriends. a kid who hadn't told his parents he had aids got caught going to the clinic for his drugs. those were the people with something to hide -- not guilty people, but people with secrets. there were even more people with nothing to hide at all, but who nevertheless resented being picked up, and questioned. imagine if someone locked you in the back of a police car and demanded that you prove that you're *not* a terrorist. it wasn't just public transit. most drivers in the bay area have a fastrak pass clipped to their sun-visors. this is a little radio-based "wallet" that pays your tolls for you when you cross the bridges, saving you the hassle of sitting in a line for hours at the toll-plazas. they'd tripled the cost of using cash to get across the bridge (though they always fudged this, saying that fastrak was cheaper, not that anonymous cash was more expensive). whatever holdouts were left afterward disappeared after the number of cash-lanes was reduced to just one per bridge-head, so that the cash lines were even longer. so if you're a local, or if you're driving a rental car from a local agency, you've got a fastrak. it turns out that toll-plazas aren't the only place that your fastrak gets read, though. the dhs had put fastrak readers all over town -- when you drove past them, they logged the time and your id number, building an ever-more perfect picture of who went where, when, in a database that was augmented by "speeding cameras," "red light cameras" and all the other license-plate cameras that had popped up like mushrooms. no one had given it much thought. and now that people were paying attention, we were all starting to notice little things, like the fact that the fastrak doesn't have an off-switch. so if you drove a car, you were just as likely to be pulled over by an sfpd cruiser that wanted to know why you were taking so many trips to the home depot lately, and what was that midnight drive up to sonoma last week about? the little demonstrations around town on the weekend were growing. fifty thousand people marched down market street after a week of this monitoring. i couldn't care less. the people who'd occupied my city didn't care what the natives wanted. they were a conquering army. they knew how we felt about that. one morning i came down to breakfast just in time to hear dad tell mom that the two biggest taxi companies were going to give a "discount" to people who used special cards to pay their fares, supposedly to make drivers safer by reducing the amount of cash they carried. i wondered what would happen to the information about who took which cabs where. i realized how close i'd come. the new indienet client had been pushed out as an automatic update just as this stuff started to get bad, and jolu told me that percent of the traffic he saw at pigspleen was now encrypted. the xnet just might have been saved. dad was driving me nuts, though. "you're being paranoid, marcus," he told me over breakfast one day as i told him about the guys i'd seen the cops shaking down on bart the day before. "dad, it's ridiculous. they're not catching any terrorists, are they? it's just making people scared." "they may not have caught any terrorists yet, but they're sure getting a lot of scumbags off the streets. look at the drug dealers -- it says they've put dozens of them away since this all started. remember when those druggies robbed you? if we don't bust their dealers, it'll only get worse." i'd been mugged the year before. they'd been pretty civilized about it. one skinny guy who smelled bad told me he had a gun, the other one asked me for my wallet. they even let me keep my id, though they got my debit card and fast pass. it had still scared me witless and left me paranoid and checking my shoulder for weeks. "but most of the people they hold up aren't doing anything wrong, dad," i said. this was getting to me. my own father! "it's crazy. for every guilty person they catch, they have to punish thousands of innocent people. that's just not good." "innocent? guys cheating on their wives? drug dealers? you're defending them, but what about all the people who died? if you don't have anything to hide --" "so you wouldn't mind if they pulled *you* over?" my dad's histograms had proven to be depressingly normal so far. "i'd consider it my duty," he said. "i'd be proud. it would make me feel safer." easy for him to say. # vanessa didn't like me talking about this stuff, but she was too smart about it for me to stay away from the subject for long. we'd get together all the time, and talk about the weather and school and stuff, and then, somehow, i'd be back on this subject. vanessa was cool when it happened -- she didn't hulk out on me again -- but i could see it upset her. still. "so my dad says, 'i'd consider it my duty.' can you freaking *believe* it? i mean, god! i almost told him then about going to jail, asking him if he thought that was our 'duty'!" we were sitting in the grass in dolores park after school, watching the dogs chase frisbees. van had stopped at home and changed into an old t-shirt for one of her favorite brazilian tecno-brega bands, carioca proibidão -- the forbidden guy from rio. she'd gotten the shirt at a live show we'd all gone to two years before, sneaking out for a grand adventure down at the cow palace, and she'd sprouted an inch or two since, so it was tight and rode up her tummy, showing her flat little belly button. she lay back in the weak sun with her eyes closed behind her shades, her toes wiggling in her flip-flops. i'd known van since forever, and when i thought of her, i usually saw the little kid i'd known with hundreds of jangly bracelets made out of sliced-up soda cans, who played the piano and couldn't dance to save her life. sitting out there in dolores park, i suddenly saw her as she was. she was totally h wt -- that is to say, hot. it was like looking at that picture of a vase and noticing that it was also two faces. i could see that van was just van, but i could also see that she was hella pretty, something i'd never noticed. of course, darryl had known it all along, and don't think that i wasn't bummed out anew when i realized this. "you can't tell your dad, you know," she said. "you'd put us all at risk." her eyes were closed and her chest was rising up and down with her breath, which was distracting in a really embarrassing way. "yeah," i said, glumly. "but the problem is that i know he's just totally full of it. if you pulled my dad over and made him prove he wasn't a child-molesting, drug-dealing terrorist, he'd go berserk. totally off-the-rails. he hates being put on hold when he calls about his credit-card bill. being locked in the back of a car and questioned for an hour would give him an aneurism." "they only get away with it because the normals feel smug compared to the abnormals. if everyone was getting pulled over, it'd be a disaster. no one would ever get anywhere, they'd all be waiting to get questioned by the cops. total gridlock." woah. "van, you are a total genius," i said. "tell me about it," she said. she had a lazy smile and she looked at me through half-lidded eyes, almost romantic. "seriously. we can do this. we can mess up the profiles easily. getting people pulled over is easy." she sat up and pushed her hair off her face and looked at me. i felt a little flip in my stomach, thinking that she was really impressed with me. "it's the arphid cloners," i said. "they're totally easy to make. just flash the firmware on a ten-dollar radio shack reader/writer and you're done. what we do is go around and randomly swap the tags on people, overwriting their fast passes and fastraks with other people's codes. that'll make *everyone* skew all weird and screwy, and make everyone look guilty. then: total gridlock." van pursed her lips and lowered her shades and i realized she was so angry she couldn't speak. "good bye, marcus," she said, and got to her feet. before i knew it, she was walking away so fast she was practically running. "van!" i called, getting to my feet and chasing after her. "van! wait!" she picked up speed, making me run to catch up with her. "van, what the hell," i said, catching her arm. she jerked it away so hard i punched myself in the face. "you're psycho, marcus. you're going to put all your little xnet buddies in danger for their lives, and on top of it, you're going to turn the whole city into terrorism suspects. can't you stop before you hurt these people?" i opened and closed my mouth a couple times. "van, *i'm* not the problem, *they* are. i'm not arresting people, jailing them, making them disappear. the department of homeland security are the ones doing that. i'm fighting back to make them stop." "how, by making it worse?" "maybe it has to get worse to get better, van. isn't that what you were saying? if everyone was getting pulled over --" "that's not what i meant. i didn't mean you should get everyone arrested. if you want to protest, join the protest movement. do something positive. didn't you learn *anything* from darryl? *anything?*" "you're damned right i did," i said, losing my cool. "i learned that they can't be trusted. that if you're not fighting them, you're helping them. that they'll turn the country into a prison if we let them. what did you learn, van? to be scared all the time, to sit tight and keep your head down and hope you don't get noticed? you think it's going to get better? if we don't do anything, this is as *good as it's going to get*. it will only get worse and worse from now on. you want to help darryl? help me bring them down!" there it was again. my vow. not to get darryl free, but to bring down the entire dhs. that was crazy, even i knew it. but it was what i planned to do. no question about it. van shoved me hard with both hands. she was strong from school athletics -- fencing, lacrosse, field hockey, all the girls-school sports -- and i ended up on my ass on the disgusting san francisco sidewalk. she took off and i didn't follow. # > the important thing about security systems isn't how they work, it's how they fail. that was the first line of my first blog post on open revolt, my xnet site. i was writing as m k y, and i was ready to go to war. > maybe all the automatic screening is supposed to catch terrorists. maybe it will catch a terrorist sooner or later. the problem is that it catches *us* too, even though we're not doing anything wrong. > the more people it catches, the more brittle it gets. if it catches too many people, it dies. > get the idea? i pasted in my howto for building a arphid cloner, and some tips for getting close enough to people to read and write their tags. i put my own cloner in the pocket of my vintage black leather motocross jacket with the armored pockets and left for school. i managed to clone six tags between home and chavez high. it was war they wanted. it was war they'd get. # if you ever decide to do something as stupid as build an automatic terrorism detector, here's a math lesson you need to learn first. it's called "the paradox of the false positive," and it's a doozy. say you have a new disease, called super-aids. only one in a million people gets super-aids. you develop a test for super-aids that's percent accurate. i mean, percent of the time, it gives the correct result -- true if the subject is infected, and false if the subject is healthy. you give the test to a million people. one in a million people have super-aids. one in a hundred people that you test will generate a "false positive" -- the test will say he has super-aids even though he doesn't. that's what " percent accurate" means: one percent wrong. what's one percent of one million? , , / = , one in a million people has super-aids. if you test a million random people, you'll probably only find one case of real super-aids. but your test won't identify *one* person as having super-aids. it will identify * , * people as having it. your percent accurate test will perform with . percent *inaccuracy*. that's the paradox of the false positive. when you try to find something really rare, your test's accuracy has to match the rarity of the thing you're looking for. if you're trying to point at a single pixel on your screen, a sharp pencil is a good pointer: the pencil-tip is a lot smaller (more accurate) than the pixels. but a pencil-tip is no good at pointing at a single *atom* in your screen. for that, you need a pointer -- a test -- that's one atom wide or less at the tip. this is the paradox of the false positive, and here's how it applies to terrorism: terrorists are really rare. in a city of twenty million like new york, there might be one or two terrorists. maybe ten of them at the outside. / , , = . percent. one twenty-thousandth of a percent. that's pretty rare all right. now, say you've got some software that can sift through all the bank-records, or toll-pass records, or public transit records, or phone-call records in the city and catch terrorists percent of the time. in a pool of twenty million people, a percent accurate test will identify two hundred thousand people as being terrorists. but only ten of them are terrorists. to catch ten bad guys, you have to haul in and investigate two hundred thousand innocent people. guess what? terrorism tests aren't anywhere *close* to percent accurate. more like percent accurate. even percent accurate, sometimes. what this all meant was that the department of homeland security had set itself up to fail badly. they were trying to spot incredibly rare events -- a person is a terrorist -- with inaccurate systems. is it any wonder we were able to make such a mess? # i stepped out the front door whistling on a tuesday morning one week into the operation false positive. i was rockin' out to some new music i'd downloaded from the xnet the night before -- lots of people sent m k y little digital gifts to say thank you for giving them hope. i turned onto d street and carefully took the narrow stone steps cut into the side of the hill. as i descended, i passed mr wiener dog. i don't know mr wiener dog's real name, but i see him nearly every day, walking his three panting wiener dogs up the staircase to the little parkette. squeezing past them all on the stairs is pretty much impossible and i always end up tangled in a leash, knocked into someone's front garden, or perched on the bumper of one of the cars parked next to the curb. mr wiener dog is clearly someone important, because he has a fancy watch and always wears a nice suit. i had mentally assumed that he worked down in the financial district. today as i brushed up against him, i triggered my arphid cloner, which was already loaded in the pocket of my leather jacket. the cloner sucked down the numbers off his credit-cards and his car-keys, his passport and the hundred-dollar bills in his wallet. even as it was doing that, it was flashing some of them with new numbers, taken from other people i'd brushed against. it was like switching the license-plates on a bunch of cars, but invisible and instantaneous. i smiled apologetically at mr wiener dog and continued down the stairs. i stopped at three of the cars long enough to swap their fastrak tags with numbers taken off of all the cars i'd gone past the day before. you might think i was being a little aggro here, but i was cautious and conservative compared to a lot of the xnetters. a couple girls in the chemical engineering program at uc berkeley had figured out how to make a harmless substance out of kitchen products that would trip an explosive sniffer. they'd had a merry time sprinkling it on their profs' briefcases and jackets, then hiding out and watching the same profs try to get into the auditoriums and libraries on campus, only to get flying-tackled by the new security squads that had sprung up everywhere. other people wanted to figure out how to dust envelopes with substances that would test positive for anthrax, but everyone else thought they were out of their minds. luckily, it didn't seem like they'd be able to figure it out. i passed by san francisco general hospital and nodded with satisfaction as i saw the huge lines at the front doors. they had a police checkpoint too, of course, and there were enough xnetters working as interns and cafeteria workers and whatnot there that everyone's badges had been snarled up and swapped around. i'd read the security checks had tacked an hour onto everyone's work day, and the unions were threatening to walk out unless the hospital did something about it. a few blocks later, i saw an even longer line for the bart. cops were walking up and down the line pointing people out and calling them aside for questioning, bag-searches and pat-downs. they kept getting sued for doing this, but it didn't seem to be slowing them down. i got to school a little ahead of time and decided to walk down to nd street to get a coffee -- and i passed a police checkpoint where they were pulling over cars for secondary inspection. school was no less wild -- the security guards on the metal detectors were also wanding our school ids and pulling out students with odd movements for questioning. needless to say, we all had pretty weird movements. needless to say, classes were starting an hour or more later. classes were crazy. i don't think anyone was able to concentrate. i overheard two teachers talking about how long it had taken them to get home from work the day before, and planning to sneak out early that day. it was all i could do to keep from laughing. the paradox of the false positive strikes again! sure enough, they let us out of class early and i headed home the long way, circling through the mission to see the havoc. long lines of cars. bart stations lined up around the blocks. people swearing at atms that wouldn't dispense their money because they'd had their accounts frozen for suspicious activity (that's the danger of wiring your checking account straight into your fastrak and fast pass!). i got home and made myself a sandwich and logged into the xnet. it had been a good day. people from all over town were crowing about their successes. we'd brought the city of san francisco to a standstill. the news-reports confirmed it -- they were calling it the dhs gone haywire, blaming it all on the fake-ass "security" that was supposed to be protecting us from terrorism. the business section of the san francisco chronicle gave its whole front page to an estimate of the economic cost of the dhs security resulting from missed work hours, meetings and so on. according to the chronicle's economist, a week of this crap would cost the city more than the bay bridge bombing had. mwa-ha-ha-ha. the best part: dad got home that night late. very late. three *hours* late. why? because he'd been pulled over, searched, questioned. then it happened *again*. twice. twice! &&& chapter [[this chapter is dedicated to compass books/books inc, the oldest independent bookstore in the western usa. they've got stores up and down california, in san francisco, burlingame, mountain view and palo alto, but coolest of all is that they run a killer bookstore in the middle of disneyland's downtown disney in anaheim. i'm a stone disney park freak (see my first novel, down and out in the magic kingdom if you don't believe it), and every time i've lived in california, i've bought myself an annual disneyland pass, and on practically every visit, i drop by compass books in downtown disney. they stock a brilliant selection of unauthorized (and even critical) books about disney, as well as a great variety of kids books and science fiction, and the cafe next door makes a mean cappuccino.]] [[compass books/books inc: http://www.booksinc.net/nasapp/store/product;jsessionid=abcf-ch -pbu m zrrlr?s=showproduct&isbn= ]] he was so angry i thought he was going to pop. you know i said i'd only seen him lose his cool rarely? that night, he lost it more than he ever had. "you wouldn't believe it. this cop, he was like eighteen years old and he kept saying, 'but sir, why were you in berkeley yesterday if your client is in mountain view?' i kept explaining to him that i teach at berkeley and then he'd say, 'i thought you were a consultant,' and we'd start over again. it was like some kind of sitcom where the cops have been taken over by the stupidity ray. "what's worse was he kept insisting that i'd been in berkeley today as well, and i kept saying no, i hadn't been, and he said i had been. then he showed me my fastrak billing and it said i'd driven the san mateo bridge three times that day! "that's not all," he said, and drew in a breath that let me know he was really steamed. "they had information about where i'd been, places that *didn't have a toll plaza*. they'd been polling my pass just on the street, at random. and it was *wrong*! holy crap, i mean, they're spying on us all and they're not even competent!" i'd drifted down into the kitchen as he railed there, and now i was watching him from the doorway. mom met my eye and we both raised our eyebrows as if to say, *who's going to say 'i told you so' to him?* i nodded at her. she could use her spousular powers to nullify his rage in a way that was out of my reach as a mere filial unit. "drew," she said, and grabbed him by the arm to make him stop stalking back and forth in the kitchen, waving his arms like a street-preacher. "what?" he snapped. "i think you owe marcus an apology." she kept her voice even and level. dad and i are the spazzes in the household -- mom's a total rock. dad looked at me. his eyes narrowed as he thought for a minute. "all right," he said at last. "you're right. i was talking about competent surveillance. these guys were total amateurs. i'm sorry, son," he said. "you were right. that was ridiculous." he stuck his hand out and shook my hand, then gave me a firm, unexpected hug. "god, what are we doing to this country, marcus? your generation deserves to inherit something better than this." when he let me go, i could see the deep wrinkles in his face, lines i'd never noticed. i went back up to my room and played some xnet games. there was a good multiplayer thing, a clockwork pirate game where you had to quest every day or two to wind up your whole crew's mainsprings before you could go plundering and pillaging again. it was the kind of game i hated but couldn't stop playing: lots of repetitive quests that weren't all that satisfying to complete, a little bit of player-versus-player combat (scrapping to see who would captain the ship) and not that many cool puzzles that you had to figure out. mostly, playing this kind of game made me homesick for harajuku fun madness, which balanced out running around in the real world, figuring out online puzzles, and strategizing with your team. but today it was just what i needed. mindless entertainment. my poor dad. i'd done that to him. he'd been happy before, confident that his tax dollars were being spent to keep him safe. i'd destroyed that confidence. it was false confidence, of course, but it had kept him going. seeing him now, miserable and broken, i wondered if it was better to be clear-eyed and hopeless or to live in a fool's paradise. that shame -- the shame i'd felt since i gave up my passwords, since they'd broken me -- returned, leaving me listless and wanting to just get away from myself. my character was a swabbie on the pirate ship *zombie charger*, and he'd wound down while i'd been offline. i had to im all the other players on my ship until i found one willing to wind me up. that kept me occupied. i liked it, actually. there was something magic about a total stranger doing you a favor. and since it was the xnet, i knew that all the strangers were friends, in some sense. > where u located? the character who wound me up was called lizanator, and it was female, though that didn't mean that it was a girl. guys had some weird affinity for playing female characters. > san francisco i said. > no stupe, where you located in san fran? > why, you a pervert? that usually shut down that line of conversation. of course every gamespace was full of pedos and pervs, and cops pretending to be pedo- and perv-bait (though i sure hoped there weren't any cops on the xnet!). an accusation like that was enough to change the subject nine out of ten times. > mission? potrero hill? noe? east bay? > just wind me up k thx? she stopped winding. > you scared? > safe -- why do you care? > just curious i was getting a bad vibe off her. she was clearly more than just curious. call it paranoia. i logged off and shut down my xbox. # dad looked at me over the table the next morning and said, "it looks like it's going to get better, at least." he handed me a copy of the *chronicle* open to the third page. > a department of homeland security spokesman has confirmed that the san francisco office has requested a percent budget and personnel increase from dc what? > major general graeme sutherland, the commanding officer for northern california dhs operations, confirmed the request at a press conference yesterday, noting that a spike in suspicious activity in the bay area prompted the request. "we are tracking a spike in underground chatter and activity and believe that saboteurs are deliberately manufacturing false security alerts to undermine our efforts." my eyes crossed. no freaking way. > "these false alarms are potentially 'radar chaff' intended to disguise real attacks. the only effective way of combatting them is to step up staffing and analyst levels so that we can fully investigate every lead." > sutherland noted the delays experienced all over the city were "unfortunate" and committed to eliminating them. i had a vision of the city with four or five times as many dhs enforcers, brought in to make up for my own stupid ideas. van was right. the more i fought them, the worse it was going to get. dad pointed at the paper. "these guys may be fools, but they're methodical fools. they'll just keep throwing resources at this problem until they solve it. it's tractable, you know. mining all the data in the city, following up on every lead. they'll catch the terrorists." i lost it. "dad! are you *listening to yourself*? they're talking about investigating practically every person in the city of san francisco!" "yeah," he said, "that's right. they'll catch every alimony cheat, every dope dealer, every dirt-bag and every terrorist. you just wait. this could be the best thing that ever happened to this country." "tell me you're joking," i said. "i beg you. you think that that's what they intended when they wrote the constitution? what about the bill of rights?" "the bill of rights was written before data-mining," he said. he was awesomely serene, convinced of his rightness. "the right to freedom of association is fine, but why shouldn't the cops be allowed to mine your social network to figure out if you're hanging out with gangbangers and terrorists?" "because it's an invasion of my privacy!" i said. "what's the big deal? would you rather have privacy or terrorists?" agh. i hated arguing with my dad like this. i needed a coffee. "dad, come on. taking away our privacy isn't catching terrorists: it's just inconveniencing normal people." "how do you know it's not catching terrorists?" "where are the terrorists they've caught?" "i'm sure we'll see arrests in good time. you just wait." "dad, what the hell has happened to you since last night? you were ready to go nuclear on the cops for pulling you over --" "don't use that tone with me, marcus. what's happened since last night is that i've had the chance to think it over and to read *this*." he rattled his paper. "the reason they caught me is that the bad guys are actively jamming them. they need to adjust their techniques to overcome the jamming. but they'll get there. meanwhile the occasional road stop is a small price to pay. this isn't the time to be playing lawyer about the bill of rights. this is the time to make some sacrifices to keep our city safe." i couldn't finish my toast. i put the plate in the dishwasher and left for school. i had to get out of there. # the xnetters weren't happy about the stepped up police surveillance, but they weren't going to take it lying down. someone called a phone-in show on kqed and told them that the police were wasting their time, that we could monkeywrench the system faster than they could untangle it. the recording was a top xnet download that night. "this is california live and we're talking to an anonymous caller at a payphone in san francisco. he has his own information about the slowdowns we've been facing around town this week. caller, you're on the air." "yeah, yo, this is just the beginning, you know? i mean, like, we're just getting started. let them hire a billion pigs and put a checkpoint on every corner. we'll jam them all! and like, all this crap about terrorists? we're not terrorists! give me a break, i mean, really! we're jamming up the system because we hate the homeland security, and because we love our city. terrorists? i can't even spell jihad. peace out." he sounded like an idiot. not just the incoherent words, but also his gloating tone. he sounded like a kid who was indecently proud of himself. he *was* a kid who was indecently proud of himself. the xnet flamed out over this. lots of people thought he was an idiot for calling in, while others thought he was a hero. i worried that there was probably a camera aimed at the payphone he'd used. or an arphid reader that might have sniffed his fast pass. i hoped he'd had the smarts to wipe his fingerprints off the quarter, keep his hood up, and leave all his arphids at home. but i doubted it. i wondered if he'd get a knock on the door sometime soon. the way i knew when something big had happened on xnet was that i'd suddenly get a million emails from people who wanted m k y to know about the latest haps. it was just as i was reading about mr can't-spell-jihad that my mailbox went crazy. everyone had a message for me -- a link to a livejournal on the xnet -- one of the many anonymous blogs that were based on the freenet document publishing system that was also used by chinese democracy advocates. > close call > we were jamming at the embarcadero tonite and goofing around giving everyone a new car key or door key or fast pass or fastrak, tossing around a little fake gunpowder. there were cops everywhere but we were smarter than them; we're there pretty much every night and we never get caught. > so we got caught tonight. it was a stupid mistake we got sloppy we got busted. it was an undercover who caught my pal and then got the rest of us. they'd been watching the crowd for a long time and they had one of those trucks nearby and they took four of us in but missed the rest. > the truck was jammed like a can of sardines with every kind of person, old young black white rich poor all suspects, and there were two cops trying to ask us questions and the undercovers kept bringing in more of us. most people were trying to get to the front of the line to get through questioning so we kept on moving back and it was like hours in there and really hot and it was getting more crowded not less. > at like pm they changed shifts and two new cops came in and bawled out the two cops who were there all like wtf? aren't you doing anything here. they had a real fight and then the two old cops left and the new cops sat down at their desks and whispered to each other for a while. > then one cop stood up and started shouting everyone just go home jesus christ we've got better things to do than bother you with more questions if you've done something wrong just don't do it again and let this be a warning to you all. > a bunch of the suits got really pissed which was hilarious because i mean ten minutes before they were buggin about being held there and now they were wicked pissed about being let go, like make up your minds! > we split fast though and got out and came home to write this. there are undercovers everywhere, believe. if you're jamming, be open-eyed and get ready to run when problems happen. if you get caught try to wait it out they're so busy they'll maybe just let you go. > we made them that busy! all those people in that truck were there because we'd jammed them. so jam on! i felt like i was going to throw up. those four people -- kids i'd never met -- they nearly went away forever because of something i'd started. because of something i'd told them to do. i was no better than a terrorist. # the dhs got their budget requisition approved. the president went on tv with the governor to tell us that no price was too high for security. we had to watch it the next day in school at assembly. my dad cheered. he'd hated the president since the day he was elected, saying he wasn't any better than the last guy and the last guy had been a complete disaster, but now all he could do was talk about how decisive and dynamic the new guy was. "you have to take it easy on your father," mom said to me one night after i got home from school. she'd been working from home as much as possible. mom's a freelance relocation specialist who helps british people get settled in in san francisco. the uk high commission pays her to answer emails from mystified british people across the country who are totally confused by how freaky we americans are. she explains americans for a living, and she said that these days it was better to do that from home, where she didn't have to actually see any americans or talk to them. i don't have any illusions about britain. america may be willing to trash its constitution every time some jihadist looks cross-eyed at us, but as i learned in my ninth-grade social studies independent project, the brits don't even *have* a constitution. they've got laws there that would curl the hair on your toes: they can put you in jail for an entire year if they're really sure that you're a terrorist but don't have enough evidence to prove it. now, how sure can they be if they don't have enough evidence to prove it? how'd they get that sure? did they see you committing terrorist acts in a really vivid dream? and the surveillance in britain makes america look like amateur hour. the average londoner is photographed times a day, just walking around the streets. every license plate is photographed at every corner in the country. everyone from the banks to the public transit company is enthusiastic about tracking you and snitching on you if they think you're remotely suspicious. but mom didn't see it that way. she'd left britain halfway through high school and she'd never felt at home here, no matter that she'd married a boy from petaluma and raised a son here. to her, this was always the land of barbarians, and britain would always be home. "mom, he's just wrong. you of all people should know that. everything that makes this country great is being flushed down the toilet and he's going along with it. have you noticed that they haven't *caught any terrorists*? dad's all like, 'we need to be safe,' but he needs to know that most of us don't feel safe. we feel endangered all the time." "i know this all, marcus. believe me, i'm not fan of what's been happening to this country. but your father is --" she broke off. "when you didn't come home after the attacks, he thought --" she got up and made herself a cup of tea, something she did whenever she was uncomfortable or disconcerted. "marcus," she said. "marcus, we thought you were dead. do you understand that? we were mourning you for days. we were imagining you blown to bits, at the bottom of the ocean. dead because some bastard decided to kill hundreds of strangers to make some point." that sank in slowly. i mean, i understood that they'd been worried. lots of people died in the bombings -- four thousand was the present estimate -- and practically everyone knew someone who didn't come home that day. there were two people from my school who had disappeared. "your father was ready to kill someone. anyone. he was out of his mind. you've never seen him like this. i've never seen him like it either. he was out of his mind. he'd just sit at this table and curse and curse and curse. vile words, words i'd never heard him say. one day -- the third day -- someone called and he was sure it was you, but it was a wrong number and he threw the phone so hard it disintegrated into thousands of pieces." i'd wondered about the new kitchen phone. "something broke in your father. he loves you. we both love you. you are the most important thing in our lives. i don't think you realize that. do you remember when you were ten, when i went home to london for all that time? do you remember?" i nodded silently. "we were ready to get a divorce, marcus. oh, it doesn't matter why anymore. it was just a bad patch, the kind of thing that happens when people who love each other stop paying attention for a few years. he came and got me and convinced me to come back for you. we couldn't bear the thought of doing that to you. we fell in love again for you. we're together today because of you." i had a lump in my throat. i'd never known this. no one had ever told me. "so your father is having a hard time right now. he's not in his right mind. it's going to take some time before he comes back to us, before he's the man i love again. we need to understand him until then." she gave me a long hug, and i noticed how thin her arms had gotten, how saggy the skin on her neck was. i always thought of my mother as young, pale, rosy-cheeked and cheerful, peering shrewdly through her metal-rim glasses. now she looked a little like an old woman. i had done that to her. the terrorists had done that to her. the department of homeland security had done that to her. in a weird way, we were all on the same side, and mom and dad and all those people we'd spoofed were on the other side. # i couldn't sleep that night. mom's words kept running through my head. dad had been tense and quiet at dinner and we'd barely spoken, because i didn't trust myself not to say the wrong thing and because he was all wound up over the latest news, that al qaeda was definitely responsible for the bombing. six different terrorist groups had claimed responsibility for the attack, but only al qaeda's internet video disclosed information that the dhs said they hadn't disclosed to anyone. i lay in bed and listened to a late-night call-in radio show. the topic was sex problems, with this gay guy who i normally loved to listen to, he would give people such raw advice, but good advice, and he was really funny and campy. tonight i couldn't laugh. most of the callers wanted to ask what to do about the fact that they were having a hard time getting busy with their partners ever since the attack. even on sex-talk radio, i couldn't get away from the topic. i switched the radio off and heard a purring engine on the street below. my bedroom is in the top floor of our house, one of the painted ladies. i have a sloping attic ceiling and windows on both sides -- one overlooks the whole mission, the other looks out into the street in front of our place. there were often cars cruising at all hours of the night, but there was something different about this engine noise. i went to the street-window and pulled up my blinds. down on the street below me was a white, unmarked van whose roof was festooned with radio antennas, more antennas than i'd ever seen on a car. it was cruising very slowly down the street, a little dish on top spinning around and around. as i watched, the van stopped and one of the back doors popped open. a guy in a dhs uniform -- i could spot one from a hundred yards now -- stepped out into the street. he had some kind of handheld device, and its blue glow lit his face. he paced back and forth, first scouting my neighbors, making notes on his device, then heading for me. there was something familiar in the way he walked, looking down -- he was using a wifinder! the dhs was scouting for xnet nodes. i let go of the blinds and dove across my room for my xbox. i'd left it up while i downloaded some cool animations one of the xnetters had made of the president's no-price-too-high speech. i yanked the plug out of the wall, then scurried back to the window and cracked the blind a fraction of an inch. the guy was looking down into his wifinder again, walking back and forth in front of our house. a moment later, he got back into his van and drove away. i got out my camera and took as many pictures as i could of the van and its antennas. then i opened them in a free image-editor called the gimp and edited out everything from the photo except the van, erasing my street and anything that might identify me. i posted them to xnet and wrote down everything i could about the vans. these guys were definitely looking for the xnet, i could tell. now i really couldn't sleep. nothing for it but to play wind-up pirates. there'd be lots of players even at this hour. the real name for wind-up pirates was clockwork plunder, and it was a hobbyist project that had been created by teenaged death-metal freaks from finland. it was totally free to play, and offered just as much fun as any of the $ /month services like ender's universe and middle earth quest and discworld dungeons. i logged back in and there i was, still on the deck of the zombie charger, waiting for someone to wind me up. i hated this part of the game. > hey you i typed to a passing pirate. > wind me up? he paused and looked at me. > y should i? > we're on the same team. plus you get experience points. what a jerk. > where are you located? > san francisco this was starting to feel familiar. > where in san francisco? i logged out. there was something weird going on in the game. i jumped onto the livejournals and began to crawl from blog to blog. i got through half a dozen before i found something that froze my blood. livejournallers love quizzes. what kind of hobbit are you? are you a great lover? what planet are you most like? which character from some movie are you? what's your emotional type? they fill them in and their friends fill them in and everyone compares their results. harmless fun. but the quiz that had taken over the blogs of the xnet that night was what scared me, because it was anything but harmless: * what's your sex * what grade are you in? * what school do you go to? * where in the city do you live? the quizzes plotted the results on a map with colored pushpins for schools and neighborhoods, and made lame recommendations for places to buy pizza and stuff. but look at those questions. think about my answers: * male * * chavez high * potrero hill there were only two people in my whole school who matched that profile. most schools it would be the same. if you wanted to figure out who the xnetters were, you could use these quizzes to find them all. that was bad enough, but what was worse was what it implied: someone from the dhs was using the xnet to get at us. the xnet was compromised by the dhs. we had spies in our midst. # i'd given xnet discs to hundreds of people, and they'd done the same. i knew the people i gave the discs to pretty well. some of them i knew very well. i've lived in the same house all my life and i've made hundreds and hundreds of friends over the years, from people who went to daycare with me to people i played soccer with, people who larped with me, people i met clubbing, people i knew from school. my arg team were my closest friends, but there were plenty of people i knew and trusted enough to hand an xnet disc to. i needed them now. i woke jolu up by ringing his cell phone and hanging up after the first ring, three times in a row. a minute later, he was up on xnet and we were able to have a secure chat. i pointed him to my blog-post on the radio vans and he came back a minute later all freaked out. > you sure they're looking for us? in response i sent him to the quiz. > omg we're doomed > no it's not that bad but we need to figure out who we can trust > how? > that's what i wanted to ask you -- how many people can you totally vouch for like trust them to the ends of the earth? > um or or so > i want to get a bunch of really trustworthy people together and do a key-exchange web of trust thing web of trust is one of those cool crypto things that i'd read about but never tried. it was a nearly foolproof way to make sure that you could talk to the people you trusted, but that no one else could listen in. the problem is that it requires you to physically meet with the people in the web at least once, just to get started. > i get it sure. that's not bad. but how you going to get everyone together for the key-signing? > that's what i wanted to ask you about -- how can we do it without getting busted? jolu typed some words and erased them, typed more and erased them. > darryl would know i typed. > god, this was the stuff he was great at. jolu didn't type anything. then, > how about a party? he typed. > how about if we all get together somewhere like we're teenagers having a party and that way we'll have a ready-made excuse if anyone shows up asking us what we're doing there? > that would totally work! you're a genius, jolu. > i know it. and you're going to love this: i know just where to do it, too > where? > sutro baths! &&& chapter [[this chapter is dedicated to anderson's bookshops, chicago's legendary kids' bookstore. anderson's is an old, old family-run business, which started out as an old-timey drug-store selling some books on the side. today, it's a booming, multi-location kids' book empire, with some incredibly innovative bookselling practices that get books and kids together in really exciting ways. the best of these is the store's mobile book-fairs, in which they ship huge, rolling bookcases, already stocked with excellent kids' books, direct to schools on trucks -- voila, instant book-fair!]] [[anderson's bookshops http://www.andersonsbookshop.com/search.php?qkey =doctorow+little+brother&sid= &imagefield.x= &imagefield.y= west jefferson, naperville, il usa + ]] what would you do if you found out you had a spy in your midst? you could denounce him, put him up against the wall and take him out. but then you might end up with another spy in your midst, and the new spy would be more careful than the last one and maybe not get caught quite so readily. here's a better idea: start intercepting the spy's communications and feed him and his masters misinformation. say his masters instruct him to gather information on your movements. let him follow you around and take all the notes he wants, but steam open the envelopes that he sends back to hq and replace his account of your movements with a fictitious one. if you want, you can make him seem erratic and unreliable so they get rid of him. you can manufacture crises that might make one side or the other reveal the identities of other spies. in short, you own them. this is called the man-in-the-middle attack and if you think about it, it's pretty scary. someone who man-in-the-middles your communications can trick you in any of a thousand ways. of course, there's a great way to get around the man-in-the-middle attack: use crypto. with crypto, it doesn't matter if the enemy can see your messages, because he can't decipher them, change them, and re-send them. that's one of the main reasons to use crypto. but remember: for crypto to work, you need to have keys for the people you want to talk to. you and your partner need to share a secret or two, some keys that you can use to encrypt and decrypt your messages so that men-in-the-middle get locked out. that's where the idea of public keys comes in. this is a little hairy, but it's so unbelievably elegant too. in public key crypto, each user gets two keys. they're long strings of mathematical gibberish, and they have an almost magic property. whatever you scramble with one key, the other will unlock, and vice-versa. what's more, they're the *only* keys that can do this -- if you can unscramble a message with one key, you *know* it was scrambled with the other (and vice-versa). so you take either one of these keys (it doesn't matter which one) and you just *publish* it. you make it a total *non-secret*. you want anyone in the world to know what it is. for obvious reasons, they call this your "public key." the other key, you hide in the darkest reaches of your mind. you protect it with your life. you never let anyone ever know what it is. that's called your "private key." (duh.) now say you're a spy and you want to talk with your bosses. their public key is known by everyone. your public key is known by everyone. no one knows your private key but you. no one knows their private key but them. you want to send them a message. first, you encrypt it with your private key. you could just send that message along, and it would work pretty well, since they would know when the message arrived that it came from you. how? because if they can decrypt it with your public key, it can *only* have been encrypted with your private key. this is the equivalent of putting your seal or signature on the bottom of a message. it says, "i wrote this, and no one else. no one could have tampered with it or changed it." unfortunately, this won't actually keep your message a *secret*. that's because your public key is really well known (it has to be, or you'll be limited to sending messages to those few people who have your public key). anyone who intercepts the message can read it. they can't change it and make it seem like it came from you, but if you don't want people to know what you're saying, you need a better solution. so instead of just encrypting the message with your private key, you *also* encrypt it with your boss's public key. now it's been locked twice. the first lock -- the boss's public key -- only comes off when combined with your boss's private key. the second lock -- your private key -- only comes off with your public key. when your bosses receive the message, they unlock it with both keys and now they know for sure that: a) you wrote it and b) that only they can read it. it's very cool. the day i discovered it, darryl and i immediately exchanged keys and spent months cackling and rubbing our hands as we exchanged our military-grade secret messages about where to meet after school and whether van would ever notice him. but if you want to understand security, you need to consider the most paranoid possibilities. like, what if i tricked you into thinking that *my* public key was your boss's public key? you'd encrypt the message with your private key and my public key. i'd decrypt it, read it, re-encrypt it with your boss's *real* public key and send it on. as far as your boss knows, no one but you could have written the message and no one but him could have read it. and i get to sit in the middle, like a fat spider in a web, and all your secrets belong to me. now, the easiest way to fix this is to really widely advertise your public key. if it's *really* easy for anyone to know what your real key is, man-in-the-middle gets harder and harder. but you know what? making things well-known is just as hard as keeping them secret. think about it -- how many billions of dollars are spent on shampoo ads and other crap, just to make sure that as many people know about something that some advertiser wants them to know? there's a cheaper way of fixing man-in-the-middle: the web of trust. say that before you leave hq, you and your bosses sit down over coffee and actually tell each other your keys. no more man-in-the-middle! you're absolutely certain whose keys you have, because they were put into your own hands. so far, so good. but there's a natural limit to this: how many people can you physically meet with and swap keys? how many hours in the day do you want to devote to the equivalent of writing your own phone book? how many of those people are willing to devote that kind of time to you? thinking about this like a phonebook helps. the world was once a place with a lot of phonebooks, and when you needed a number, you could look it up in the book. but for many of the numbers that you wanted to refer to on a given day, you would either know it by heart, or you'd be able to ask someone else. even today, when i'm out with my cell-phone, i'll ask jolu or darryl if they have a number i'm looking for. it's faster and easier than looking it up online and they're more reliable, too. if jolu has a number, i trust him, so i trust the number, too. that's called "transitive trust" -- trust that moves across the web of our relationships. a web of trust is a bigger version of this. say i meet jolu and get his key. i can put it on my "keyring" -- a list of keys that i've signed with my private key. that means you can unlock it with my public key and know for sure that me -- or someone with my key, anyway -- says that "this key belongs to this guy." so i hand you my keyring and provided that you trust me to have actually met and verified all the keys on it, you can take it and add it to your keyring. now, you meet someone else and you hand the whole ring to him. bigger and bigger the ring grows, and provided that you trust the next guy in the chain, and he trusts the next guy in his chain and so on, you're pretty secure. which brings me to keysigning parties. these are *exactly* what they sound like: a party where everyone gets together and signs everyone else's keys. darryl and i, when we traded keys, that was kind of a mini-keysigning party, one with only two sad and geeky attendees. but with more people, you create the seed of the web of trust, and the web can expand from there. as everyone on your keyring goes out into the world and meets more people, they can add more and more names to the ring. you don't have to meet the new people, just trust that the signed key you get from the people in your web is valid. so that's why web of trust and parties go together like peanut butter and chocolate. # "just tell them it's a super-private party, invitational only," i said. "tell them not to bring anyone along or they won't be admitted." jolu looked at me over his coffee. "you're joking, right? you tell people that, and they'll bring *extra* friends." "argh," i said. i spent a night a week at jolu's these days, keeping the code up to date on indienet. pigspleen actually paid me a non-zero sum of money to do this, which was really weird. i never thought i'd be paid to write code. "so what do we do? we only want people we really trust there, and we don't want to mention why until we've got everyone's keys and can send them messages in secret." jolu debugged and i watched over his shoulder. this used to be called "extreme programming," which was a little embarrassing. now we just call it "programming." two people are much better at spotting bugs than one. as the cliche goes, "with enough eyeballs, all bugs are shallow." we were working our way through the bug reports and getting ready to push out the new rev. it all auto-updated in the background, so our users didn't really need to do anything, they just woke up once a week or so with a better program. it was pretty freaky to know that the code i wrote would be used by hundreds of thousands of people, *tomorrow*! "what do we do? man, i don't know. i think we just have to live with it." i thought back to our harajuku fun madness days. there were lots of social challenges involving large groups of people as part of that game. "ok, you're right. but let's at least try to keep this secret. tell them that they can bring a maximum of one person, and it has to be someone they've known personally for a minimum of five years." jolu looked up from the screen. "hey," he said. "hey, that would totally work. i can really see it. i mean, if you told me not to bring anyone, i'd be all, 'who the hell does he think he is?' but when you put it that way, it sounds like some awesome stuff." i found a bug. we drank some coffee. i went home and played a little clockwork plunder, trying not to think about key-winders with nosy questions, and slept like a baby. # sutro baths are san francisco's authentic fake roman ruins. when it opened in , it was the largest indoor bathing house in the world, a huge victorian glass solarium filled with pools and tubs and even an early water slide. it went downhill by the fifties, and the owners torched it for the insurance in . all that's left is a labyrinth of weathered stone set into the sere cliff-face at ocean beach. it looks for all the world like a roman ruin, crumbled and mysterious, and just beyond them is a set of caves that let out into the sea. in rough tides, the waves rush through the caves and over the ruins -- they've even been known to suck in and drown the occasional tourist. ocean beach is way out past golden gate park, a stark cliff lined with expensive, doomed houses, plunging down to a narrow beach studded with jellyfish and brave (insane) surfers. there's a giant white rock that juts out of the shallows off the shore. that's called seal rock, and it used to be the place where the sea lions congregated until they were relocated to the more tourist-friendly environs of fisherman's wharf. after dark, there's hardly anyone out there. it gets very cold, with a salt spray that'll soak you to your bones if you let it. the rocks are sharp and there's broken glass and the occasional junkie needle. it is an awesome place for a party. bringing along the tarpaulins and chemical glove-warmers was my idea. jolu figured out where to get the beer -- his older brother, javier, had a buddy who actually operated a whole underage drinking service: pay him enough and he'd back up to your secluded party spot with ice-chests and as many brews as you wanted. i blew a bunch of my indienet programming money, and the guy showed up right on time: pm, a good hour after sunset, and lugged the six foam ice-chests out of his pickup truck and down into the ruins of the baths. he even brought a spare chest for the empties. "you kids play safe now," he said, tipping his cowboy hat. he was a fat samoan guy with a huge smile, and a scary tank-top that you could see his armpit- and belly- and shoulder-hair escaping from. i peeled twenties off my roll and handed them to him -- his markup was percent. not a bad racket. he looked at my roll. "you know, i could just take that from you," he said, still smiling. "i'm a criminal, after all." i put my roll in my pocket and looked him levelly in the eye. i'd been stupid to show him what i was carrying, but i knew that there were times when you should just stand your ground. "i'm just messing with you," he said, at last. "but you be careful with that money. don't go showing it around." "thanks," i said. "homeland security'll get my back though." his smile got even bigger. "ha! they're not even real five-oh. those peckerwoods don't know nothin'." i looked over at his truck. prominently displayed in his windscreen was a fastrak. i wondered how long it would be until he got busted. "you got girls coming tonight? that why you got all the beer?" i smiled and waved at him as though he was walking back to his truck, which he should have been doing. he eventually got the hint and drove away. his smile never faltered. jolu helped me hide the coolers in the rubble, working with little white led torches on headbands. once the coolers were in place, we threw little white led keychains into each one, so it would glow when you took the styrofoam lids off, making it easier to see what you were doing. it was a moonless night and overcast, and the distant streetlights barely illuminated us. i knew we'd stand out like blazes on an infrared scope, but there was no chance that we'd be able to get a bunch of people together without being observed. i'd settle for being dismissed as a little drunken beach-party. i don't really drink much. there's been beer and pot and ecstasy at the parties i've been going to since i was , but i hated smoking (though i'm quite partial to a hash brownie every now and again), ecstasy took too long -- who's got a whole weekend to get high and come down -- and beer, well, it was all right, but i didn't see what the big deal was. my favorite was big, elaborate cocktails, the kind of thing served in a ceramic volcano, with six layers, on fire, and a plastic monkey on the rim, but that was mostly for the theater of it all. i actually like being drunk. i just don't like being hungover, and boy, do i ever get hungover. though again, that might have to do with the kind of drinks that come in a ceramic volcano. but you can't throw a party without putting a case or two of beer on ice. it's expected. it loosens things up. people do stupid things after too many beers, but it's not like my friends are the kind of people who have cars. and people do stupid things no matter what -- beer or grass or whatever are all incidental to that central fact. jolu and i each cracked beers -- anchor steam for him, a bud lite for me -- and clinked the bottles together, sitting down on a rock. "you told them pm?" "yeah," he said. "me too." we drank in silence. the bud lite was the least alcoholic thing in the ice-chest. i'd need a clear head later. "you ever get scared?" i said, finally. he turned to me. "no man, i don't get scared. i'm always scared. i've been scared since the minute the explosions happened. i'm so scared sometimes, i don't want to get out of bed." "then why do you do it?" he smiled. "about that," he said. "maybe i won't, not for much longer. i mean, it's been great helping you. great. really excellent. i don't know when i've done anything so important. but marcus, bro, i have to say. . ." he trailed off. "what?" i said, though i knew what was coming next. "i can't do it forever," he said at last. "maybe not even for another month. i think i'm through. it's too much risk. the dhs, you can't go to war on them. it's crazy. really actually crazy." "you sound like van," i said. my voice was much more bitter than i'd intended. "i'm not criticizing you, man. i think it's great that you've got the bravery to do this all the time. but i haven't got it. i can't live my life in perpetual terror." "what are you saying?" "i'm saying i'm out. i'm going to be one of those people who acts like it's all ok, like it'll all go back to normal some day. i'm going to use the internet like i always did, and only use the xnet to play games. i'm going to get out is what i'm saying. i won't be a part of your plans anymore." i didn't say anything. "i know that's leaving you on your own. i don't want that, believe me. i'd much rather you give up with me. you can't declare war on the government of the usa. it's not a fight you're going to win. watching you try is like watching a bird fly into a window again and again." he wanted me to say something. what *i* wanted to say was, *jesus jolu, thanks so very much for abandoning me! do you forget what it was like when they took us away? do you forget what the country used to be like before they took it over?* but that's not what he wanted me to say. what he wanted me to say was: "i understand, jolu. i respect your choice." he drank the rest of his bottle and pulled out another one and twisted off the cap. "there's something else," he said. "what?" "i wasn't going to mention it, but i want you to understand why i have to do this." "jesus, jolu, *what*?" "i hate to say it, but you're *white*. i'm not. white people get caught with cocaine and do a little rehab time. brown people get caught with crack and go to prison for twenty years. white people see cops on the street and feel safer. brown people see cops on the street and wonder if they're about to get searched. the way the dhs is treating you? the law in this country has always been like that for us." it was so unfair. i didn't ask to be white. i didn't think i was being braver just because i'm white. but i knew what jolu was saying. if the cops stopped someone in the mission and asked to see some id, chances were that person wasn't white. whatever risk i ran, jolu ran more. whatever penalty i'd pay, jolu would pay more. "i don't know what to say," i said. "you don't have to say anything," he said. "i just wanted you to know, so you could understand." i could see people walking down the side trail toward us. they were friends of jolu's, two mexican guys and a girl i knew from around, short and geeky, always wearing cute black buddy holly glasses that made her look like the outcast art-student in a teen movie who comes back as the big success. jolu introduced me and gave them beers. the girl didn't take one, but instead produced a small silver flask of vodka from her purse and offered me a drink. i took a swallow -- warm vodka must be an acquired taste -- and complimented her on the flask, which was embossed with a repeating motif of parappa the rapper characters. "it's japanese," she said as i played another led keyring over it. "they have all these great booze-toys based on kids' games. totally twisted." i introduced myself and she introduced herself. "ange," she said, and shook my hand with hers -- dry, warm, with short nails. jolu introduced me to his pals, whom he'd known since computer camp in the fourth grade. more people showed up -- five, then ten, then twenty. it was a seriously big group now. we'd told people to arrive by : sharp, and we gave it until : to see who all would show up. about three quarters were jolu's friends. i'd invited all the people i really trusted. either i was more discriminating than jolu or less popular. now that he'd told me he was quitting, it made me think that he was less discriminating. i was really pissed at him, but trying not to let it show by concentrating on socializing with other people. but he wasn't stupid. he knew what was going on. i could see that he was really bummed. good. "ok," i said, climbing up on a ruin, "ok, hey, hello?" a few people nearby paid attention to me, but the ones in the back kept on chatting. i put my arms in the air like a referee, but it was too dark. eventually i hit on the idea of turning my led keychain on and pointing it at each of the talkers in turn, then at me. gradually, the crowd fell quiet. i welcomed them and thanked them all for coming, then asked them to close in so i could explain why we were there. i could tell they were into the secrecy of it all, intrigued and a little warmed up by the beer. "so here it is. you all use the xnet. it's no coincidence that the xnet was created right after the dhs took over the city. the people who did that are an organization devoted to personal liberty, who created the network to keep us safe from dhs spooks and enforcers." jolu and i had worked this out in advance. we weren't going to cop to being behind it all, not to anyone. it was way too risky. instead, we'd put it out that we were merely lieutenants in "m k y"'s army, acting to organize the local resistance. "the xnet isn't pure," i said. "it can be used by the other side just as readily as by us. we know that there are dhs spies who use it now. they use social engineering hacks to try to get us to reveal ourselves so that they can bust us. if the xnet is going to succeed, we need to figure out how to keep them from spying on us. we need a network within the network." i paused and let this sink in. jolu had suggested that this might be a little heavy -- learning that you're about to be brought into a revolutionary cell. "now, i'm not here to ask you to do anything active. you don't have to go out jamming or anything. you've been brought here because we know you're cool, we know you're trustworthy. it's that trustworthiness i want to get you to contribute tonight. some of you will already be familiar with the web of trust and keysigning parties, but for the rest of you, i'll run it down quickly --" which i did. "now what i want from you tonight is to meet the people here and figure out how much you can trust them. we're going to help you generate key-pairs and share them with each other." this part was tricky. asking people to bring their own laptops wouldn't have worked out, but we still needed to do something hella complicated that wouldn't exactly work with paper and pencil. i held up a laptop jolu and i had rebuilt the night before, from the ground up. "i trust this machine. every component in it was laid by our own hands. it's running a fresh out-of-the-box version of paranoidlinux, booted off of the dvd. if there's a trustworthy computer left anywhere in the world, this might well be it. "i've got a key-generator loaded here. you come up here and give it some random input -- mash the keys, wiggle the mouse -- and it will use that as the seed to create a random public- and private key for you, which it will display on the screen. you can take a picture of the private key with your phone, and hit any key to make it go away forever -- it's not stored on the disk at all. then it will show you your public key. at that point, you call over all the people here you trust and who trust you, and *they* take a picture of the screen with you standing next to it, so they know whose key it is. "when you get home, you have to convert the photos to keys. this is going to be a lot of work, i'm afraid, but you'll only have to do it once. you have to be super-careful about typing these in -- one mistake and you're screwed. luckily, we've got a way to tell if you've got it right: beneath the key will be a much shorter number, called the 'fingerprint'. once you've typed in the key, you can generate a fingerprint from it and compare it to the fingerprint, and if they match, you've got it right." they all boggled at me. ok, so i'd asked them to do something pretty weird, it's true, but still. &&& chapter [[this chapter is dedicated to the university bookstore at the university of washington, whose science fiction section rivals many specialty stores, thanks to the sharp-eyed, dedicated science fiction buyer, duane wilkins. duane's a real science fiction fan -- i first met him at the world science fiction convention in toronto in -- and it shows in the eclectic and informed choices on display at the store. one great predictor of a great bookstore is the quality of the "shelf review" -- the little bits of cardboard stuck to the shelves with (generally hand-lettered) staff-reviews extolling the virtues of books you might otherwise miss. the staff at the university bookstore have clearly benefited from duane's tutelage, as the shelf reviews at the university bookstore are second to none.]] [[the university bookstore http://www .bookstore.washington.edu/_trade/showtitleubs.taf?actionarg=title&isbn= university way ne, seattle, wa usa + read]] jolu stood up. "this is where it starts, guys. this is how we know which side you're on. you might not be willing to take to the streets and get busted for your beliefs, but if you *have* beliefs, this will let us know it. this will create the web of trust that tells us who's in and who's out. if we're ever going to get our country back, we need to do this. we need to do something like this." someone in the audience -- it was ange -- had a hand up, holding a beer bottle. "so call me stupid but i don't understand this at all. why do you want us to do this?" jolu looked at me, and i looked back at him. it had all seemed so obvious when we were organizing it. "the xnet isn't just a way to play free games. it's the last open communications network in america. it's the last way to communicate without being snooped on by the dhs. for it to work we need to know that the person we're talking to isn't a snoop. that means that we need to know that the people we're sending messages to are the people we think they are. "that's where you come in. you're all here because we trust you. i mean, really trust you. trust you with our lives." some of the people groaned. it sounded melodramatic and stupid. i got back to my feet. "when the bombs went off," i said, then something welled up in my chest, something painful. "when the bombs went off, there were four of us caught up by market street. for whatever reason, the dhs decided that made us suspicious. they put bags over our heads, put us on a ship and interrogated us for days. they humiliated us. played games with our minds. then they let us go. "all except one person. my best friend. he was with us when they picked us up. he'd been hurt and he needed medical care. he never came out again. they say they never saw him. they say that if we ever tell anyone about this, they'll arrest us and make us disappear. "forever." i was shaking. the shame. the goddamned shame. jolu had the light on me. "oh christ," i said. "you people are the first ones i've told. if this story gets around, you can bet they'll know who leaked it. you can bet they'll come knocking on my door." i took some more deep breaths. "that's why i volunteered on the xnet. that's why my life, from now on, is about fighting the dhs. with every breath. every day. until we're free again. any one of you could put me in jail now, if you wanted to." ange put her hand up again. "we're not going to rat on you," she said. "no way. i know pretty much everyone here and i can promise you that. i don't know how to know who to trust, but i know who *not* to trust: old people. our parents. grownups. when they think of someone being spied on, they think of someone *else*, a bad guy. when they think of someone being caught and sent to a secret prison, it's someone *else* -- someone brown, someone young, someone foreign. "they forget what it's like to be our age. to be the object of suspicion *all the time*! how many times have you gotten on the bus and had every person on it give you a look like you'd been gargling turds and skinning puppies? "what's worse, they're turning into adults younger and younger out there. back in the day, they used to say 'never trust anyone over .' i say, 'don't trust any bastard over !'" that got a laugh, and she laughed too. she was pretty, in a weird, horsey way, with a long face and a long jaw. "i'm not really kidding, you know? i mean, think about it. who elected these ass-clowns? who let them invade our city? who voted to put the cameras in our classrooms and follow us around with creepy spyware chips in our transit passes and cars? it wasn't a -year-old. we may be dumb, we may be young, but we're not scum." "i want that on a t-shirt," i said. "it would be a good one," she said. we smiled at each other. "where do i go to get my keys?" she said, and pulled out her phone. "we'll do it over there, in the secluded spot by the caves. i'll take you in there and set you up, then you do your thing and take the machine around to your friends to get photos of your public key so they can sign it when they get home." i raised my voice. "oh! one more thing! jesus, i can't believe i forgot this. *delete those photos once you've typed in the keys*! the last thing we want is a flickr stream full of pictures of all of us conspiring together." there was some good-natured, nervous chuckling, then jolu turned out the light and in the sudden darkness i could see nothing. gradually, my eyes adjusted and i set off for the cave. someone was walking behind me. ange. i turned and smiled at her, and she smiled back, luminous teeth in the dark. "thanks for that," i said. "you were great." "you mean what you said about the bag on your head and everything?" "i meant it," i said. "it happened. i never told anyone, but it happened." i thought about it for a moment. "you know, with all the time that went by since, without saying anything, it started to feel like a bad dream. it was real though." i stopped and climbed up into the cave. "i'm glad i finally told people. any longer and i might have started to doubt my own sanity." i set up the laptop on a dry bit of rock and booted it from the dvd with her watching. "i'm going to reboot it for every person. this is a standard paranoidlinux disc, though i guess you'd have to take my word for it." "hell," she said. "this is all about trust, right?" "yeah," i said. "trust." i retreated some distance as she ran the key-generator, listening to her typing and mousing to create randomness, listening to the crash of the surf, listening to the party noises from over where the beer was. she stepped out of the cave, carrying the laptop. on it, in huge white luminous letters, were her public key and her fingerprint and email address. she held the screen up beside her face and waited while i got my phone out. "cheese," she said. i snapped her pic and dropped the camera back in my pocket. she wandered off to the revelers and let them each get pics of her and the screen. it was festive. fun. she really had a lot of charisma -- you didn't want to laugh at her, you just wanted to laugh *with* her. and hell, it *was* funny! we were declaring a secret war on the secret police. who the hell did we think we were? so it went, through the next hour or so, everyone taking pictures and making keys. i got to meet everyone there. i knew a lot of them -- some were my invitees -- and the others were friends of my pals or my pals' pals. we should all be buddies. we were, by the time the night was out. they were all good people. once everyone was done, jolu went to make a key, and then turned away, giving me a sheepish grin. i was past my anger with him, though. he was doing what he had to do. i knew that no matter what he said, he'd always be there for me. and we'd been through the dhs jail together. van too. no matter what, that would bind us together forever. i did my key and did the perp-walk around the gang, letting everyone snap a pic. then i climbed up on the high spot i'd spoken from earlier and called for everyone's attention. "so a lot of you have noted that there's a vital flaw in this procedure: what if this laptop can't be trusted? what if it's secretly recording our instructions? what if it's spying on us? what if jose-luis and i can't be trusted?" more good-natured chuckles. a little warmer than before, more beery. "i mean it," i said. "if we were on the wrong side, this could get all of us -- all of *you* -- into a heap of trouble. jail, maybe." the chuckles turned more nervous. "so that's why i'm going to do this," i said, and picked up a hammer i'd brought from my dad's toolkit. i set the laptop down beside me on the rock and swung the hammer, jolu following the swing with his keychain light. crash -- i'd always dreamt of killing a laptop with a hammer, and here i was doing it. it felt pornographically good. and bad. smash! the screen-panel fell off, shattered into millions of pieces, exposing the keyboard. i kept hitting it, until the keyboard fell off, exposing the motherboard and the hard-drive. crash! i aimed square for the hard-drive, hitting it with everything i had. it took three blows before the case split, exposing the fragile media inside. i kept hitting it until there was nothing bigger than a cigarette lighter, then i put it all in a garbage bag. the crowd was cheering wildly -- loud enough that i actually got worried that someone far above us might hear over the surf and call the law. "all right!" i called. "now, if you'd like to accompany me, i'm going to march this down to the sea and soak it in salt water for ten minutes." i didn't have any takers at first, but then ange came forward and took my arm in her warm hand and said, "that was beautiful," in my ear and we marched down to the sea together. it was perfectly dark by the sea, and treacherous, even with our keychain lights. slippery, sharp rocks that were difficult enough to walk on even without trying to balance six pounds of smashed electronics in a plastic bag. i slipped once and thought i was going to cut myself up, but she caught me with a surprisingly strong grip and kept me upright. i was pulled in right close to her, close enough to smell her perfume, which smelled like new cars. i love that smell. "thanks," i managed, looking into the big eyes that were further magnified by her mannish, black-rimmed glasses. i couldn't tell what color they were in the dark, but i guessed something dark, based on her dark hair and olive complexion. she looked mediterranean, maybe greek or spanish or italian. i crouched down and dipped the bag in the sea, letting it fill with salt water. i managed to slip a little and soak my shoe, and i swore and she laughed. we'd hardly said a word since we lit out for the ocean. there was something magical in our wordless silence. at that point, i had kissed a total of three girls in my life, not counting that moment when i went back to school and got a hero's welcome. that's not a gigantic number, but it's not a minuscule one, either. i have reasonable girl radar, and i think i could have kissed her. she wasn't h wt in the traditional sense, but there's something about a girl and a night and a beach, plus she was smart and passionate and committed. but i didn't kiss her, or take her hand. instead we had a moment that i can only describe as spiritual. the surf, the night, the sea and the rocks, and our breathing. the moment stretched. i sighed. this had been quite a ride. i had a lot of typing to do tonight, putting all those keys into my keychain, signing them and publishing the signed keys. starting the web of trust. she sighed too. "let's go," i said. "yeah," she said. back we went. it was a good night, that night. # jolu waited after for his brother's friend to come by and pick up his coolers. i walked with everyone else up the road to the nearest muni stop and got on board. of course, none of us was using an issued muni pass. by that point, xnetters habitually cloned someone else's muni pass three or four times a day, assuming a new identity for every ride. it was hard to stay cool on the bus. we were all a little drunk, and looking at our faces under the bright bus lights was kind of hilarious. we got pretty loud and the driver used his intercom to tell us to keep it down twice, then told us to shut up right now or he'd call the cops. that set us to giggling again and we disembarked in a mass before he did call the cops. we were in north beach now, and there were lots of buses, taxis, the bart at market street, neon-lit clubs and cafes to pull apart our grouping, so we drifted away. i got home and fired up my xbox and started typing in keys from my phone's screen. it was dull, hypnotic work. i was a little drunk, and it lulled me into a half-sleep. i was about ready to nod off when a new im window popped up. > herro! i didn't recognize the handle -- spexgril -- but i had an idea who might be behind it. > hi i typed, cautiously. > it's me, from tonight then she paste-bombed a block of crypto. i'd already entered her public key into my keychain, so i told the im client to try decrypting the code with the key. > it's me, from tonight it was her! > fancy meeting you here i typed, then encrypted it to my public key and mailed it off. > it was great meeting you i typed. > you too. i don't meet too many smart guys who are also cute and also socially aware. good god, man, you don't give a girl much of a chance. my heart hammered in my chest. > hello? tap tap? this thing on? i wasn't born here folks, but i'm sure dying here. don't forget to tip your waitresses, they work hard. i'm here all week. i laughed aloud. > i'm here, i'm here. laughing too hard to type is all > well at least my im comedy-fu is still mighty um. > it was really great to meet you too > yeah, it usually is. where are you taking me? > taking you? > on our next adventure? > i didn't really have anything planned > oki -- then i'll take you. saturday. dolores park. illegal open air concert. be there or be a dodecahedron > wait what? > don't you even read xnet? it's all over the place. you ever hear of the speedwhores? i nearly choked. that was trudy doo's band -- as in trudy doo, the woman who had paid me and jolu to update the indienet code. > yeah i've heard of them > they're putting on a huge show and they've got like fifty bands signed to play the bill, going to set up on the tennis courts and bring out their own amp trucks and rock out all night i felt like i'd been living under a rock. how had i missed that? there was an anarchist bookstore on valencia that i sometimes passed on the way to school that had a poster of an old revolutionary named emma goldman with the caption "if i can't dance, i don't want to be a part of your revolution." i'd been spending all my energies on figuring out how to use the xnet to organize dedicated fighters so they could jam the dhs, but this was so much cooler. a big concert -- i had no idea how to do one of those, but i was glad someone did. and now that i thought of it, i was damned proud that they were using the xnet to do it. # the next day i was a zombie. ange and i had chatted -- flirted -- until am. lucky for me, it was a saturday and i was able to sleep in, but between the hangover and the sleep-dep, i could barely put two thoughts together. by lunchtime, i managed to get up and get my ass out onto the streets. i staggered down toward the turk's to buy my coffee -- these days, if i was alone, i always bought my coffee there, like the turk and i were part of a secret club. on the way, i passed a lot of fresh graffiti. i liked mission graffiti; a lot of the times, it came in huge, luscious murals, or sarcastic art-student stencils. i liked that the mission's taggers kept right on going, under the nose of the dhs. another kind of xnet, i supposed -- they must have all kinds of ways of knowing what was going on, where to get paint, what cameras worked. some of the cameras had been spray-painted over, i noticed. maybe they used xnet! painted in ten-foot-high letters on the side of an auto-yard's fence were the drippy words: don't trust anyone over . i stopped. had someone left my "party" last night and come here with a can of paint? a lot of those people lived in the neighborhood. i got my coffee and had a little wander around town. i kept thinking i should be calling someone, seeing if they wanted to get a movie or something. that's how it used to be on a lazy saturday like this. but who was i going to call? van wasn't talking to me, i didn't think i was ready to talk to jolu, and darryl -- well, i couldn't call darryl. i got my coffee and went home and did a little searching around on the xnet's blogs. these anonablogs were untraceable to any author -- unless that author was stupid enough to put her name on it -- and there were a lot of them. most of them were apolitical, but a lot of them weren't. they talked about schools and the unfairness there. they talked about the cops. tagging. turned out there'd been plans for the concert in the park for weeks. it had hopped from blog to blog, turning into a full-blown movement without my noticing. and the concert was called don't trust anyone over . well, that explained where ange got it. it was a good slogan. # monday morning, i decided i wanted to check out that anarchist bookstore again, see about getting one of those emma goldman posters. i needed the reminder. i detoured down to th and mission on my way to school, then up to valencia and across. the store was shut, but i got the hours off the door and made sure they still had that poster up. as i walked down valencia, i was amazed to see how much of the don't trust anyone over stuff there was. half the shops had don't trust merch in the windows: lunchboxes, babydoll tees, pencil-boxes, trucker hats. the hipster stores have been getting faster and faster, of course. as new memes sweep the net in the course of a day or two, stores have gotten better at putting merch in the windows to match. some funny little youtube of a guy launching himself with jet-packs made of carbonated water would land in your inbox on monday and by tuesday you'd be able to buy t-shirts with stills from the video on it. but it was amazing to see something make the leap from xnet to the head shops. distressed designer jeans with the slogan written in careful high school ball-point ink. embroidered patches. good news travels fast. it was written on the black-board when i got to ms galvez's social studies class. we all sat at our desks, smiling at it. it seemed to smile back. there was something profoundly cheering about the idea that we could all trust each other, that the enemy could be identified. i knew it wasn't entirely true, but it wasn't entirely false either. ms galvez came in and patted her hair and set down her schoolbook on her desk and powered it up. she picked up her chalk and turned around to face the board. we all laughed. good-naturedly, but we laughed. she turned around and was laughing too. "inflation has hit the nation's slogan-writers, it seems. how many of you know where this phrase comes from?" we looked at each other. "hippies?" someone said, and we laughed. hippies are all over san francisco, both the old stoner kinds with giant skanky beards and tie-dyes, and the new kind, who are more into dress-up and maybe playing hacky-sack than protesting anything. "well, yes, hippies. but when we think of hippies these days, we just think of the clothes and the music. clothes and music were incidental to the main part of what made that era, the sixties, important. "you've heard about the civil rights movement to end segregation, white and black kids like you riding buses into the south to sign up black voters and protest against official state racism. california was one of the main places where the civil rights leaders came from. we've always been a little more political than the rest of the country, and this is also a part of the country where black people have been able to get the same union factory jobs as white people, so they were a little better off than their cousins in the southland. "the students at berkeley sent a steady stream of freedom riders south, and they recruited them from information tables on campus, at bancroft and telegraph avenue. you've probably seen that there are still tables there to this day. "well, the campus tried to shut them down. the president of the university banned political organizing on campus, but the civil rights kids wouldn't stop. the police tried to arrest a guy who was handing out literature from one of these tables, and they put him in a van, but , students surrounded the van and refused to let it budge. they wouldn't let them take this kid to jail. they stood on top of the van and gave speeches about the first amendment and free speech. "that galvanized the free speech movement. that was the start of the hippies, but it was also where more radical student movements came from. black power groups like the black panthers -- and later gay rights groups like the pink panthers, too. radical women's groups, even 'lesbian separatists' who wanted to abolish men altogether! and the yippies. anyone ever hear of the yippies?" "didn't they levitate the pentagon?" i said. i'd once seen a documentary about this. she laughed. "i forgot about that, but yes, that was them! yippies were like very political hippies, but they weren't serious the way we think of politics these days. they were very playful. pranksters. they threw money into the new york stock exchange. they circled the pentagon with hundreds of protestors and said a magic spell that was supposed to levitate it. they invented a fictional kind of lsd that you could spray onto people with squirt-guns and shot each other with it and pretended to be stoned. they were funny and they made great tv -- one yippie, a clown called wavy gravy, used to get hundreds of protestors to dress up like santa claus so that the cameras would show police officers arresting and dragging away santa on the news that night -- and they mobilized a lot of people. "their big moment was the democratic national convention in , where they called for demonstrations to protest the vietnam war. thousands of demonstrators poured into chicago, slept in the parks, and picketed every day. they had lots of bizarre stunts that year, like running a pig called pigasus for the presidential nomination. the police and the demonstrators fought in the streets -- they'd done that many times before, but the chicago cops didn't have the smarts to leave the reporters alone. they beat up the reporters, and the reporters retaliated by finally showing what really went on at these demonstrations, so the whole country watched their kids being really savagely beaten down by the chicago police. they called it a 'police riot.' "the yippies loved to say, 'never trust anyone over .' they meant that people who were born before a certain time, when america had been fighting enemies like the nazis, could never understand what it meant to love your country enough to refuse to fight the vietnamese. they thought that by the time you hit , your attitudes would be frozen and you couldn't ever understand why the kids of the day were taken to the streets, dropping out, freaking out. "san francisco was ground zero for this. revolutionary armies were founded here. some of them blew up buildings or robbed banks for their cause. a lot of those kids grew up to be more or less normal, while others ended up in jail. some of the university dropouts did amazing things -- for example, steve jobs and steve wozniak, who founded apple computers and invented the pc." i was really getting into this. i knew a little of it, but i'd never heard it told like this. or maybe it had never mattered as much as it did now. suddenly, those lame, solemn, grown-up street demonstrations didn't seem so lame after all. maybe there was room for that kind of action in the xnet movement. i put my hand up. "did they win? did the yippies win?" she gave me a long look, like she was thinking it over. no one said a word. we all wanted to hear the answer. "they didn't lose," she said. "they kind of imploded a little. some of them went to jail for drugs or other things. some of them changed their tunes and became yuppies and went on the lecture circuit telling everyone how stupid they'd been, talking about how good greed was and how dumb they'd been. "but they did change the world. the war in vietnam ended, and the kind of conformity and unquestioning obedience that people had called patriotism went out of style in a big way. black rights, women's rights and gay rights came a long way. chicano rights, rights for disabled people, the whole tradition of civil liberties was created or strengthened by these people. today's protest movement is the direct descendant of those struggles." "i can't believe you're talking about them like this," charles said. he was leaning so far in his seat he was half standing, and his sharp, skinny face had gone red. he had wet, large eyes and big lips, and when he got excited he looked a little like a fish. ms galvez stiffened a little, then said, "go on, charles." "you've just described terrorists. actual terrorists. they blew up buildings, you said. they tried to destroy the stock exchange. they beat up cops, and stopped cops from arresting people who were breaking the law. they attacked us!" ms galvez nodded slowly. i could tell she was trying to figure out how to handle charles, who really seemed like he was ready to pop. "charles raises a good point. the yippies weren't foreign agents, they were american citizens. when you say 'they attacked us,' you need to figure out who 'they' and 'us' are. when it's your fellow countrymen --" "crap!" he shouted. he was on his feet now. "we were at war then. these guys were giving aid and comfort to the enemy. it's easy to tell who's us and who's them: if you support america, you're us. if you support the people who are shooting at americans, you're *them*." "does anyone else want to comment on this?" several hands shot up. ms galvez called on them. some people pointed out that the reason that the vietnamese were shooting at americans is that the americans had flown to vietnam and started running around the jungle with guns. others thought that charles had a point, that people shouldn't be allowed to do illegal things. everyone had a good debate except charles, who just shouted at people, interrupting them when they tried to get their points out. ms galvez tried to get him to wait for his turn a couple times, but he wasn't having any of it. i was looking something up on my schoolbook, something i knew i'd read. i found it. i stood up. ms galvez looked expectantly at me. the other people followed her gaze and went quiet. even charles looked at me after a while, his big wet eyes burning with hatred for me. "i wanted to read something," i said. "it's short. 'governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.'" &&& chapter [[this chapter is dedicated to forbidden planet, the british chain of science fiction and fantasy books, comics, toys and videos. forbidden planet has stores up and down the uk, and also sports outposts in manhattan and dublin, ireland. it's dangerous to set foot in a forbidden planet -- rarely do i escape with my wallet intact. forbidden planet really leads the pack in bringing the gigantic audience for tv and movie science fiction into contact with science fiction books -- something that's absolutely critical to the future of the field.]] [[forbidden planet, uk, dublin and new york city: http://www.forbiddenplanet.co.uk]] ms galvez's smile was wide. "does anyone know what that comes from?" a bunch of people chorused, "the declaration of independence." i nodded. "why did you read that to us, marcus?" "because it seems to me that the founders of this country said that governments should only last for so long as we believe that they're working for us, and if we stop believing in them, we should overthrow them. that's what it says, right?" charles shook his head. "that was hundreds of years ago!" he said. "things are different now!" "what's different?" "well, for one thing, we don't have a king anymore. they were talking about a government that existed because some old jerk's great-great-great-grandfather believed that god put him in charge and killed everyone who disagreed with him. we have a democratically elected government --" "i didn't vote for them," i said. "so that gives you the right to blow up a building?" "what? who said anything about blowing up a building? the yippies and hippies and all those people believed that the government no longer listened to them -- look at the way people who tried to sign up voters in the south were treated! they were beaten up, arrested --" "some of them were killed," ms galvez said. she held up her hands and waited for charles and me to sit down. "we're almost out of time for today, but i want to commend you all on one of the most interesting classes i've ever taught. this has been an excellent discussion and i've learned much from you all. i hope you've learned from each other, too. thank you all for your contributions. "i have an extra-credit assignment for those of you who want a little challenge. i'd like you to write up a paper comparing the political response to the anti-war and civil rights movements in the bay area to the present day civil rights responses to the war on terror. three pages minimum, but take as long as you'd like. i'm interested to see what you come up with." the bell rang a moment later and everyone filed out of the class. i hung back and waited for ms galvez to notice me. "yes, marcus?" "that was amazing," i said. "i never knew all that stuff about the sixties." "the seventies, too. this place has always been an exciting place to live in politically charged times. i really liked your reference to the declaration -- that was very clever." "thanks," i said. "it just came to me. i never really appreciated what those words all meant before today." "well, those are the words every teacher loves to hear, marcus," she said, and shook my hand. "i can't wait to read your paper." # i bought the emma goldman poster on the way home and stuck it up over my desk, tacked over a vintage black-light poster. i also bought a never trust t-shirt that had a photoshop of grover and elmo kicking the grownups gordon and susan off sesame street. it made me laugh. i later found out that there had already been about six photoshop contests for the slogan online in places like fark and worth and b ta and there were hundreds of ready-made pics floating around to go on whatever merch someone churned out. mom raised an eyebrow at the shirt, and dad shook his head and lectured me about not looking for trouble. i felt a little vindicated by his reaction. ange found me online again and we im-flirted until late at night again. the white van with the antennas came back and i switched off my xbox until it had passed. we'd all gotten used to doing that. ange was really excited by this party. it looked like it was going to be monster. there were so many bands signed up they were talking about setting up a b-stage for the secondary acts. > how'd they get a permit to blast sound all night in that park? there's houses all around there > per-mit? what is "per-mit"? tell me more of your hu-man per-mit. > woah, it's illegal? > um, hello? *you're* worried about breaking the law? > fair point > lol i felt a little premonition of nervousness though. i mean, i was taking this perfectly awesome girl out on a date that weekend -- well, she was taking me, technically -- to an illegal rave being held in the middle of a busy neighborhood. it was bound to be interesting at least. # interesting. people started to drift into dolores park through the long saturday afternoon, showing up among the ultimate frisbee players and the dog-walkers. some of them played frisbee or walked dogs. it wasn't really clear how the concert was going to work, but there were a lot of cops and undercovers hanging around. you could tell the undercovers because, like zit and booger, they had castro haircuts and nebraska physiques: tubby guys with short hair and untidy mustaches. they drifted around, looking awkward and uncomfortable in their giant shorts and loose-fitting shirts that no-doubt hung down to cover the chandelier of gear hung around their midriffs. dolores park is pretty and sunny, with palm trees, tennis courts, and lots of hills and regular trees to run around on, or hang out on. homeless people sleep there at night, but that's true everywhere in san francisco. i met ange down the street, at the anarchist bookstore. that had been my suggestion. in hindsight, it was a totally transparent move to seem cool and edgy to this girl, but at the time i would have sworn that i picked it because it was a convenient place to meet up. she was reading a book called *up against the wall motherf_____r* when i got there. "nice," i said. "you kiss your mother with that mouth?" "your mama don't complain," she said. "actually, it's a history of a group of people like the yippies, but from new york. they all used that word as their last names, like 'ben m-f.' the idea was to have a group out there, making news, but with a totally unprintable name. just to screw around with the news-media. pretty funny, really." she put the book back on the shelf and now i wondered if i should hug her. people in california hug to say hello and goodbye all the time. except when they don't. and sometimes they kiss on the cheek. it's all very confusing. she settled it for me by grabbing me in a hug and tugging my head down to her, kissing me hard on the cheek, then blowing a fart on my neck. i laughed and pushed her away. "you want a burrito?" i asked. "is that a question or a statement of the obvious?" "neither. it's an order." i bought some funny stickers that said this phone is tapped which were the right size to put on the receivers on the pay phones that still lined the streets of the mission, it being the kind of neighborhood where you got people who couldn't necessarily afford a cellphone. we walked out into the night air. i told ange about the scene at the park when i left. "i bet they have a hundred of those trucks parked around the block," she said. "the better to bust you with." "um." i looked around. "i sort of hoped that you would say something like, 'aw, there's no chance they'll do anything about it.'" "i don't think that's really the idea. the idea is to put a lot of civilians in a position where the cops have to decide, are we going to treat these ordinary people like terrorists? it's a little like the jamming, but with music instead of gadgets. you jam, right?" sometimes i forget that all my friends don't know that marcus and m k y are the same person. "yeah, a little," i said. "this is like jamming with a bunch of awesome bands." "i see." mission burritos are an institution. they are cheap, giant and delicious. imagine a tube the size of a bazooka shell, filled with spicy grilled meat, guacamole, salsa, tomatoes, refried beans, rice, onions and cilantro. it has the same relationship to taco bell that a lamborghini has to a hot wheels car. there are about two hundred mission burrito joints. they're all heroically ugly, with uncomfortable seats, minimal decor -- faded mexican tourist office posters and electrified framed jesus and mary holograms -- and loud mariachi music. the thing that distinguishes them, mostly, is what kind of exotic meat they fill their wares with. the really authentic places have brains and tongue, which i never order, but it's nice to know it's there. the place we went to had both brains and tongue, which we didn't order. i got carne asada and she got shredded chicken and we each got a big cup of horchata. as soon as we sat down, she unrolled her burrito and took a little bottle out of her purse. it was a little stainless-steel aerosol canister that looked for all the world like a pepper-spray self-defense unit. she aimed it at her burrito's exposed guts and misted them with a fine red oily spray. i caught a whiff of it and my throat closed and my eyes watered. "what the hell are you doing to that poor, defenseless burrito?" she gave me a wicked smile. "i'm a spicy food addict," she said. "this is capsaicin oil in a mister." "capsaicin --" "yeah, the stuff in pepper spray. this is like pepper spray but slightly more dilute. and way more delicious. think of it as spicy cajun visine if it helps." my eyes burned just thinking of it. "you're kidding," i said. "you are so not going to eat that." her eyebrows shot up. "that sounds like a challenge, sonny. you just watch me." she rolled the burrito up as carefully as a stoner rolling up a joint, tucking the ends in, then re-wrapping it in tinfoil. she peeled off one end and brought it up to her mouth, poised with it just before her lips. right up to the time she bit into it, i couldn't believe that she was going to do it. i mean, that was basically an anti-personnel weapon she'd just slathered on her dinner. she bit into it. chewed. swallowed. gave every impression of having a delicious dinner. "want a bite?" she said, innocently. "yeah," i said. i like spicy food. i always order the curries with four chilies next to them on the menu at the pakistani places. i peeled back more foil and took a big bite. big mistake. you know that feeling you get when you take a big bite of horseradish or wasabi or whatever, and it feels like your sinuses are closing at the same time as your windpipe, filling your head with trapped, nuclear-hot air that tries to batter its way out through your watering eyes and nostrils? that feeling like steam is about to pour out of your ears like a cartoon character? this was a lot worse. this was like putting your hand on a hot stove, only it's not your hand, it's the entire inside of your head, and your esophagus all the way down to your stomach. my entire body sprang out in a sweat and i choked and choked. wordlessly, she passed me my horchata and i managed to get the straw into my mouth and suck hard on it, gulping down half of it in one go. "so there's a scale, the scoville scale, that we chili-fanciers use to talk about how spicy a pepper is. pure capsaicin is about million scovilles. tabasco is about , . pepper spray is a healthy three million. this stuff is a puny , , about as hot as a mild scotch bonnet pepper. i worked up to it in about a year. some of the real hardcore can get up to a million or so, twenty times hotter than tabasco. that's pretty freaking hot. at scoville temperatures like that, your brain gets totally awash in endorphins. it's a better body-stone than hash. and it's good for you." i was getting my sinuses back now, able to breathe without gasping. "of course, you get a ferocious ring of fire when you go to the john," she said, winking at me. yowch. "you are insane," i said. "fine talk from a man whose hobby is building and smashing laptops," she said. "touche," i said and touched my forehead. "want some?" she held out her mister. "pass," i said, quickly enough that we both laughed. when we left the restaurant and headed for dolores park, she put her arm around my waist and i found that she was just the right height for me to put my arm around her shoulders. that was new. i'd never been a tall guy, and the girls i'd dated had all been my height -- teenaged girls grow faster than guys, which is a cruel trick of nature. it was nice. it felt nice. we turned the corner on th street and walked up toward dolores. before we'd taken a single step, we could feel the buzz. it was like the hum of a million bees. there were lots of people streaming toward the park, and when i looked toward it, i saw that it was about a hundred times more crowded than it had been when i went to meet ange. that sight made my blood run hot. it was a beautiful cool night and we were about to party, really party, party like there was no tomorrow. "eat drink and be merry, for tomorrow we die." without saying anything we both broke into a trot. there were lots of cops, with tense faces, but what the hell were they going to do? there were a *lot* of people in the park. i'm not so good at counting crowds. the papers later quoted organizers as saying there were , people; the cops said , . maybe that means there were , . whatever. it was more people than i'd ever stood among, as part of an unscheduled, unsanctioned, *illegal* event. we were among them in an instant. i can't swear to it, but i don't think there was anyone over in that press of bodies. everyone was smiling. some young kids were there, or , and that made me feel better. no one would do anything too stupid with kids that little in the crowd. no one wanted to see little kids get hurt. this was just going to be a glorious spring night of celebration. i figured the thing to do was push in towards the tennis courts. we threaded our way through the crowd, and to stay together we took each other's hands. only staying together didn't require us to intertwine fingers. that was strictly for pleasure. it was very pleasurable. the bands were all inside the tennis courts, with their guitars and mixers and keyboards and even a drum kit. later, on xnet, i found a flickr stream of them smuggling all this stuff in, piece by piece, in gym bags and under their coats. along with it all were huge speakers, the kind you see in automotive supply places, and among them, a stack of...car batteries. i laughed. genius! that was how they were going to power their stacks. from where i stood, i could see that they were cells from a hybrid car, a prius. someone had gutted an eco-mobile to power the night's entertainment. the batteries continued outside the courts, stacked up against the fence, tethered to the main stack by wires threaded through the chain-link. i counted -- batteries! christ! those things weighed a ton, too. there's no way they organized this without email and wikis and mailing lists. and there's no way people this smart would have done that on the public internet. this had all taken place on the xnet, i'd bet my boots on it. we just kind of bounced around in the crowd for a while as the bands tuned up and conferred with one another. i saw trudy doo from a distance, in the tennis courts. she looked like she was in a cage, like a pro wrestler. she was wearing a torn wife-beater and her hair was in long, fluorescent pink dreads down to her waist. she was wearing army camouflage pants and giant gothy boots with steel over-toes. as i watched, she picked up a heavy motorcycle jacket, worn as a catcher's mitt, and put it on like armor. it probably was armor, i realized. i tried to wave to her, to impress ange i guess, but she didn't see me and i kind of looked like a spazz so i stopped. the energy in the crowd was amazing. you hear people talk about "vibes" and "energy" for big groups of people, but until you've experienced it, you probably think it's just a figure of speech. it's not. it's the smiles, infectious and big as watermelons, on every face. everyone bopping a little to an unheard rhythm, shoulders rocking. rolling walks. jokes and laughs. the tone of every voice tight and excited, like a firework about to go off. and you can't help but be a part of it. because you are. by the time the bands kicked off, i was utterly stoned on crowd-vibe. the opening act was some kind of serbian turbo-folk, which i couldn't figure out how to dance to. i know how to dance to exactly two kinds of music: trance (shuffle around and let the music move you) and punk (bash around and mosh until you get hurt or exhausted or both). the next act was oakland hip-hoppers, backed by a thrash metal band, which is better than it sounds. then some bubble-gum pop. then speedwhores took the stage, and trudy doo stepped up to the mic. "my name is trudy doo and you're an idiot if you trust me. i'm thirty two and it's too late for me. i'm lost. i'm stuck in the old way of thinking. i still take my freedom for granted and let other people take it away from me. you're the first generation to grow up in gulag america, and you know what your freedom is worth to the last goddamned cent!" the crowd roared. she was playing fast little skittery nervous chords on her guitar and her bass player, a huge fat girl with a dykey haircut and even bigger boots and a smile you could open beer bottles with was laying it down fast and hard already. i wanted to bounce. i bounced. ange bounced with me. we were sweating freely in the evening, which reeked of perspiration and pot smoke. warm bodies crushed in on all sides of us. they bounced too. "don't trust anyone over !" she shouted. we roared. we were one big animal throat, roaring. "don't trust anyone over !" "*don't trust anyone over !*" "don't trust anyone over !" "*don't trust anyone over !*" "don't trust anyone over !" "*don't trust anyone over !*" she banged some hard chords on her guitar and the other guitarist, a little pixie of a girl whose face bristled with piercings, jammed in, going wheedle-dee-wheedle-dee-dee up high, past the twelfth fret. "it's our goddamned city! it's our goddamned country. no terrorist can take it from us for so long as we're free. once we're not free, the terrorists win! take it back! take it back! you're young enough and stupid enough not to know that you can't possibly win, so you're the only ones who can lead us to victory! *take it back!" "take it back!" we roared. she jammed down hard on her guitar. we roared the note back and then it got really really loud. # i danced until i was so tired i couldn't dance another step. ange danced alongside of me. technically, we were rubbing our sweaty bodies against each other for several hours, but believe it or not, i totally wasn't being a horn-dog about it. we were dancing, lost in the godbeat and the thrash and the screaming -- take it back! take it back! when i couldn't dance anymore, i grabbed her hand and she squeezed mine like i was keeping her from falling off a building. she dragged me toward the edge of the crowd, where it got thinner and cooler. out there, on the edge of dolores park, we were in the cool air and the sweat on our bodies went instantly icy. we shivered and she threw her arms around my waist. "warm me," she commanded. i didn't need a hint. i hugged her back. her heart was an echo of the fast beats from the stage -- breakbeats now, fast and furious and wordless. she smelled of sweat, a sharp tang that smelled great. i knew i smelled of sweat too. my nose was pointed into the top of her head, and her face was right at my collarbone. she moved her hands to my neck and tugged. "get down here, i didn't bring a stepladder," is what she said and i tried to smile, but it's hard to smile when you're kissing. like i said, i'd kissed three girls in my life. two of them had never kissed anyone before. one had been dating since she was . she had issues. none of them kissed like ange. she made her whole mouth soft, like the inside of a ripe piece of fruit, and she didn't jam her tongue in my mouth, but slid it in there, and sucked my lips into her mouth at the same time, so it was like my mouth and hers were merging. i heard myself moan and i grabbed her and squeezed her harder. slowly, gently, we lowered ourselves to the grass. we lay on our sides and clutched each other, kissing and kissing. the world disappeared so there was only the kiss. my hands found her butt, her waist. the edge of her t-shirt. her warm tummy, her soft navel. they inched higher. she moaned too. "not here," she said. "let's move over there." she pointed across the street at the big white church that gives mission dolores park and the mission its name. holding hands, moving quickly, we crossed to the church. it had big pillars in front of it. she put my back up against one of them and pulled my face down to hers again. my hands went quickly and boldly back to her shirt. i slipped them up her front. "it undoes in the back," she whispered into my mouth. i had a boner that could cut glass. i moved my hands around to her back, which was strong and broad, and found the hook with my fingers, which were trembling. i fumbled for a while, thinking of all those jokes about how bad guys are at undoing bras. i was bad at it. then the hook sprang free. she gasped into my mouth. i slipped my hands around, feeling the wetness of her armpits -- which was sexy and not at all gross for some reason -- and then brushed the sides of her breasts. that's when the sirens started. they were louder than anything i'd ever heard. a sound like a physical sensation, like something blowing you off your feet. a sound as loud as your ears could process, and then louder. "disperse immediately," a voice said, like god rattling in my skull. "this is an illegal gathering. disperse immediately." the band had stopped playing. the noise of the crowd across the street changed. it got scared. angry. i heard a click as the pa system of car-speakers and car-batteries in the tennis courts powered up. "take it back!" it was a defiant yell, like a sound shouted into the surf or screamed off a cliff. "take it back!" the crowd *growled*, a sound that made the hairs on the back of my neck stand up. "*take it back*!" they chanted. "take it back take it back take it back!" the police moved in in lines, carrying plastic shields, wearing darth vader helmets that covered their faces. each one had a black truncheon and infra-red goggles. they looked like soldiers out of some futuristic war movie. they took a step forward in unison and every one of them banged his truncheon on his shield, a cracking noise like the earth splitting. another step, another crack. they were all around the park and closing in now. "disperse immediately," the voice of god said again. there were helicopters overhead now. no floodlights, though. the infrared goggles, right. of course. they'd have infrared scopes in the sky, too. i pulled ange back against the doorway of the church, tucking us back from the cops and the choppers. "take it back!" the pa roared. it was trudy doo's rebel yell and i heard her guitar thrash out some chords, then her drummer playing, then that big deep bass. "take it back!" the crowd answered, and they boiled out of the park at the police lines. i've never been in a war, but now i think i know what it must be like. what it must be like when scared kids charge across a field at an opposing force, knowing what's coming, running anyway, screaming, hollering. "disperse immediately," the voice of god said. it was coming from trucks parked all around the park, trucks that had swung into place in the last few seconds. that's when the mist fell. it came out of the choppers, and we just caught the edge of it. it made the top of my head feel like it was going to come off. it made my sinuses feel like they were being punctured with ice-picks. it made my eyes swell and water, and my throat close. pepper spray. not thousand scovilles. a million and a half. they'd gassed the crowd. i didn't see what happened next, but i heard it, over the sound of both me and ange choking and holding each other. first the choking, retching sounds. the guitar and drums and bass crashed to a halt. then coughing. then screaming. the screaming went on for a long time. when i could see again, the cops had their scopes up on their foreheads and the choppers were flooding dolores park with so much light it looked like daylight. everyone was looking at the park, which was good news, because when the lights went up like that, we were totally visible. "what do we do?" ange said. her voice was tight, scared. i didn't trust myself to speak for a moment. i swallowed a few times. "we walk away," i said. "that's all we can do. walk away. like we were just passing by. down to dolores and turn left and up towards th street. like we're just passing by. like this is none of our business." "that'll never work," she said. "it's all i've got." "you don't think we should try to run for it?" "no," i said. "if we run, they'll chase us. maybe if we walk, they'll figure we haven't done anything and let us alone. they have a lot of arrests to make. they'll be busy for a long time." the park was rolling with bodies, people and adults clawing at their faces and gasping. the cops dragged them by the armpits, then lashed their wrists with plastic cuffs and tossed them into the trucks like rag-dolls. "ok?" i said. "ok," she said. and that's just what we did. walked, holding hands, quickly and business-like, like two people wanting to avoid whatever trouble someone else was making. the kind of walk you adopt when you want to pretend you can't see a panhandler, or don't want to get involved in a street-fight. it worked. we reached the corner and turned and kept going. neither of us dared to speak for two blocks. then i let out a gasp of air i hadn't know i'd been holding in. we came to th street and turned down toward mission street. normally that's a pretty scary neighborhood at am on a saturday night. that night it was a relief -- same old druggies and hookers and dealers and drunks. no cops with truncheons, no gas. "um," i said as we breathed in the night air. "coffee?" "home," she said. "i think home for now. coffee later." "yeah," i agreed. she lived up in hayes valley. i spotted a taxi rolling by and i hailed it. that was a small miracle -- there are hardly any cabs when you need them in san francisco. "have you got cabfare home?" "yeah," she said. the cab-driver looked at us through his window. i opened the back door so he wouldn't take off. "good night," i said. she put her hands behind my head and pulled my face toward her. she kissed me hard on the mouth, nothing sexual in it, but somehow more intimate for that. "good night," she whispered in my ear, and slipped into the taxi. head swimming, eyes running, a burning shame for having left all those xnetters to the tender mercies of the dhs and the sfpd, i set off for home. # monday morning, fred benson was standing behind ms galvez's desk. "ms galvez will no longer be teaching this class," he said, once we'd taken our seats. he had a self-satisfied note that i recognized immediately. on a hunch, i checked out charles. he was smiling like it was his birthday and he'd been given the best present in the world. i put my hand up. "why not?" "it's board policy not to discuss employee matters with anyone except the employee and the disciplinary committee," he said, without even bothering to hide how much he enjoyed saying it. "we'll be beginning a new unit today, on national security. your schoolbooks have the new texts. please open them and turn to the first screen." the opening screen was emblazoned with a dhs logo and the title: what every american should know about homeland security. i wanted to throw my schoolbook on the floor. # i'd made arrangements to meet ange at a cafe in her neighborhood after school. i jumped on the bart and found myself sitting behind two guys in suits. they were looking at the san francisco chronicle, which featured a full-page post-mortem on the "youth riot" in mission dolores park. they were tutting and clucking over it. then one said to the other, "it's like they're brainwashed or something. christ, were we ever that stupid?" i got up and moved to another seat. &&& chapter [[this chapter is dedicated to books-a-million, a chain of gigantic bookstores spread across the usa. i first encountered books-a-million while staying at a hotel in terre haute, indiana (i was giving a speech at the rose hulman institute of technology later that day). the store was next to my hotel and i really needed some reading material -- i'd been on the road for a solid month and i'd read everything in my suitcase, and i had another five cities to go before i headed home. as i stared intently at the shelves, a clerk asked me if i needed any help. now, i've worked at bookstores before, and a knowledgeable clerk is worth her weight in gold, so i said sure, and started to describe my tastes, naming authors i'd enjoyed. the clerk smiled and said, "i've got just the book for you," and proceeded to take down a copy of my first novel, down and out in the magic kingdom. i busted out laughing, introduced myself, and had an absolutely lovely chat about science fiction that almost made me late to give my speech!]] [[books-a-million http://www.booksamillion.com/ncom/books?&isbn= ]] "they're total whores," ange said, spitting the word out. "in fact, that's an insult to hardworking whores everywhere. they're, they're *profiteers.*" we were looking at a stack of newspapers we'd picked up and brought to the cafe. they all contained "reporting" on the party in dolores park and to a one, they made it sound like a drunken, druggy orgy of kids who'd attacked the cops. *usa today* described the cost of the "riot" and included the cost of washing away the pepper-spray residue from the gas-bombing, the rash of asthma attacks that clogged the city's emergency rooms, and the cost of processing the eight hundred arrested "rioters." no one was telling our side. "well, the xnet got it right, anyway," i said. i'd saved a bunch of the blogs and videos and photostreams to my phone and i showed them to her. they were first-hand accounts from people who'd been gassed, and beaten up. the video showed us all dancing, having fun, showed the peaceful political speeches and the chant of "take it back" and trudy doo talking about us being the only generation that could believe in fighting for our freedoms. "we need to make people know about this," she said. "yeah," i said, glumly. "that's a nice theory." "well, why do you think the press doesn't ever publish our side?" "you said it, they're whores." "yeah, but whores do it for the money. they could sell more papers and commercials if they had a controversy. all they have now is a crime -- controversy is much bigger." "ok, point taken. so why don't they do it? well, reporters can barely search regular blogs, let alone keep track of the xnet. it's not as if that's a real adult-friendly place to be." "yeah," she said. "well, we can fix that, right?" "huh?" "write it all up. put it in one place, with all the links. a single place where you can go that's intended for the press to find it and get the whole picture. link it to the howtos for xnet. internet users can get to the xnet, provided they don't care about the dhs finding out what they've been surfing." "you think it'll work?" "well, even if it doesn't, it's something positive to do." "why would they listen to us, anyway?" "who wouldn't listen to m k y?" i put down my coffee. i picked up my phone and slipped it into my pocket. i stood up, turned on my heel, and walked out of the cafe. i picked a direction at random and kept going. my face felt tight, the blood gone into my stomach, which churned. *they know who you are,* i thought. *they know who m k y is.* that was it. if ange had figured it out, the dhs had too. i was doomed. i had known that since they let me go from the dhs truck, that someday they'd come and arrest me and put me away forever, send me to wherever darryl had gone. it was all over. she nearly tackled me as i reached market street. she was out of breath and looked furious. "what the *hell* is your problem, mister?" i shook her off and kept walking. it was all over. she grabbed me again. "stop it, marcus, you're scaring me. come on, talk to me." i stopped and looked at her. she blurred before my eyes. i couldn't focus on anything. i had a mad desire to jump into the path of a muni trolley as it tore past us, down the middle of the road. better to die than to go back. "marcus!" she did something i'd only seen people do in the movies. she slapped me, a hard crack across the face. "talk to me, dammit!" i looked at her and put my hand to my face, which was stinging hard. "no one is supposed to know who i am," i said. "i can't put it any more simply. if you know, it's all over. once other people know, it's all over." "oh god, i'm sorry. look, i only know because, well, because i blackmailed jolu. after the party i stalked you a little, trying to figure out if you were the nice guy you seemed to be or a secret axe-murderer. i've known jolu for a long time and when i asked him about you, he gushed like you were the second coming or something, but i could hear that there was something he wasn't telling me. i've known jolu for a long time. he dated my older sister at computer camp when he was a kid. i have some really good dirt on him. i told him i'd go public with it if he didn't tell me." "so he told you." "no," she said. "he told me to go to hell. then i told him something about me. something i'd never told anyone else." "what?" she looked at me. looked around. looked back at me. "ok. i won't swear you to secrecy because what's the point? either i can trust you or i can't. "last year, i --" she broke off. "last year, i stole the standardized tests and published them on the net. it was just a lark. i happened to be walking past the principal's office and i saw them in his safe, and the door was hanging open. i ducked into his office -- there were six sets of copies and i just put one into my bag and took off again. when i got home, i scanned them all and put them up on a pirate party server in denmark." "that was *you*?" i said. she blushed. "um. yeah." "holy crap!" i said. it had been huge news. the board of education said that its no child left behind tests had cost tens of millions of dollars to produce and that they'd have to spend it all over again now that they'd had the leak. they called it "edu-terrorism." the news had speculated endlessly about the political motivations of the leaker, wondering if it was a teacher's protest, or a student, or a thief, or a disgruntled government contractor. "that was you?" "it was me," she said. "and you told jolu this --" "because i wanted him to be sure that i would keep the secret. if he knew *my* secret, then he'd have something he could use to put me in jail if i opened my trap. give a little, get a little. quid pro quo, like in silence of the lambs." "and he told you." "no," she said. "he didn't." "but --" "then i told him how into you i was. how i was planning to totally make an idiot of myself and throw myself at you. *then* he told me." i couldn't think of anything to say then. i looked down at my toes. she grabbed my hands and squeezed them. "i'm sorry i squeezed it out of him. it was your decision to tell me, if you were going to tell me at all. i had no business --" "no," i said. now that i knew how she'd found out, i was starting to calm down. "no, it's good you know. *you*." "me," she said. "li'l ol' me." "ok, i can live with this. but there's one other thing." "what?" "there's no way to say this without sounding like a jerk, so i'll just say it. people who date each other -- or whatever it is we're doing now -- they split up. when they split up, they get angry at each other. sometimes even hate each other. it's really cold to think about that happening between us, but you know, we've got to think about it." "i solemnly promise that there is nothing you could ever do to me that would cause me to betray your secret. nothing. screw a dozen cheerleaders in my bed while my mother watches. make me listen to britney spears. rip off my laptop, smash it with hammers and soak it in sea-water. i promise. nothing. ever." i whooshed out some air. "um," i said. "now would be a good time to kiss me," she said, and turned her face up. # m k y's next big project on the xnet was putting together the ultimate roundup of reports of the don't trust party at dolores park. i put together the biggest, most bad-ass site i could, with sections showing the action by location, by time, by category -- police violence, dancing, aftermath, singing. i uploaded the whole concert. it was pretty much all i worked on for the rest of the night. and the next night. and the next. my mailbox overflowed with suggestions from people. they sent me dumps off their phones and their pocket-cameras. then i got an email from a name i recognized -- dr eeevil (three "e"s), one of the prime maintainers of paranoidlinux. > m k y > i have been watching your xnet experiment with great interest. here in germany, we have much experience with what happens with a government that gets out of control. > one thing you should know is that every camera has a unique "noise signature" that can be used to later connect a picture with a camera. that means that the photos you're republishing on your site could potentially be used to identify the photographers, should they later be picked up for something else. > luckily, it's not hard to strip out the signatures, if you care to. there's a utility on the paranoidlinux distro you're using that does this -- it's called photonomous, and you'll find it in /usr/bin. just read the man pages for documentation. it's simple though. > good luck with what you're doing. don't get caught. stay free. stay paranoid. > dr eeevil i de-fingerprintized all the photos i'd posted and put them back up, along with a note explaining what dr eeevil had told me, warning everyone else to do the same. we all had the same basic paranoidxbox install, so we could all anonymize our pictures. there wasn't anything i could do about the photos that had already been downloaded and cached, but from now on we'd be smarter. that was all the thought i gave the matter that night, until i got down to breakfast the next morning and mom had the radio on, playing the npr morning news. "arabic news agency al-jazeera is running pictures, video and first-hand accounts of last weekend's youth riot in mission dolores park," the announcer said as i was drinking a glass of orange juice. i managed not to spray it across the room, but i *did* choke a little. "al-jazeera reporters claim that these accounts were published on the so-called 'xnet,' a clandestine network used by students and al-quaeda sympathizers in the bay area. this network's existence has long been rumored, but today marks its first mainstream mention." mom shook her head. "just what we need," she said. "as if the police weren't bad enough. kids running around, pretending to be guerrillas and giving them the excuse to really crack down." "the xnet weblogs have carried hundreds of reports and multimedia files from young people who attended the riot and allege that they were gathered peacefully until the police attacked *them*. here is one of those accounts. "'all we were doing was dancing. i brought my little brother. bands played and we talked about freedom, about how we were losing it to these jerks who say they hate terrorists but who attack us though we're not terrorists we're americans. i think they hate freedom, not us. "we danced and the bands played and it was all fun and good and then the cops started shouting at us to disperse. we all shouted take it back! meaning take america back. the cops gassed us with pepper spray. my little brother is twelve. he missed three days of school. my stupid parents say it was my fault. how about the police? we pay them and they're supposed to protect us but they gassed us for no good reason, gassed us like they gas enemy soldiers.' "similar accounts, including audio and video, can be found on al-jazeera's website and on the xnet. you can find directions for accessing this xnet on npr's homepage." dad came down. "do you use the xnet?" he said. he looked intensely at my face. i felt myself squirm. "it's for video-games," i said. "that's what most people use it for. it's just a wireless network. it's what everyone did with those free xboxes they gave away last year." he glowered at me. "games? marcus, you don't realize it, but you're providing cover for people who plan on attacking and destroying this country. i don't want to see you using this xnet. not anymore. do i make myself clear?" i wanted to argue. hell, i wanted to shake him by the shoulders. but i didn't. i looked away. i said, "sure, dad." i went to school. # at first i was relieved when i discovered that they weren't going to leave mr benson in charge of my social studies class. but the woman they found to replace him was my worst nightmare. she was young, just about or , and pretty, in a wholesome kind of way. she was blonde and spoke with a soft southern accent when she introduced herself to us as mrs andersen. that set off alarm bells right away. i didn't know *any* women under the age of sixty that called themselves "mrs." but i was prepared to overlook it. she was young, pretty, she sounded nice. she would be ok. she wasn't ok. "under what circumstances should the federal government be prepared to suspend the bill of rights?" she said, turning to the blackboard and writing down a row of numbers, one through ten. "never," i said, not waiting to be called on. this was easy. "constitutional rights are absolute." "that's not a very sophisticated view." she looked at her seating-plan. "marcus. for example, say a policeman conducts an improper search -- he goes beyond the stuff specified in his warrant. he discovers compelling evidence that a bad guy killed your father. it's the only evidence that exists. should the bad guy go free?" i knew the answer to this, but i couldn't really explain it. "yes," i said, finally. "but the police shouldn't conduct improper searches --" "wrong," she said. "the proper response to police misconduct is disciplinary action against the police, not punishing all of society for one cop's mistake." she wrote "criminal guilt" under point one on the board. "other ways in which the bill of rights can be superseded?" charles put his hand up. "shouting fire in a crowded theater?" "very good --" she consulted the seating plan -- "charles. there are many instances in which the first amendment is not absolute. let's list some more of those." charles put his hand up again. "endangering a law enforcement officer." "yes, disclosing the identity of an undercover policeman or intelligence officer. very good." she wrote it down. "others?" "national security," charles said, not waiting for her to call on him again. "libel. obscenity. corruption of minors. child porn. bomb-making recipes." mrs andersen wrote these down fast, but stopped at child porn. "child porn is just a form of obscenity." i was feeling sick. this was not what i'd learned or believed about my country. i put my hand up. "yes, marcus?" "i don't get it. you're making it sound like the bill of rights is optional. it's the constitution. we're supposed to follow it absolutely." "that's a common oversimplification," she said, giving me a fake smile. "but the fact of the matter is that the framers of the constitution intended it to be a living document that was revised over time. they understood that the republic wouldn't be able to last forever if the government of the day couldn't govern according to the needs of the day. they never intended the constitution to be looked on like religious doctrine. after all, they came here fleeing religious doctrine." i shook my head. "what? no. they were merchants and artisans who were loyal to the king until he instituted policies that were against their interests and enforced them brutally. the religious refugees were way earlier." "some of the framers were descended from religious refugees," she said. "and the bill of rights isn't supposed to be something you pick and choose from. what the framers hated was tyranny. that's what the bill of rights is supposed to prevent. they were a revolutionary army and they wanted a set of principles that everyone could agree to. life, liberty and the pursuit of happiness. the right of people to throw off their oppressors." "yes, yes," she said, waving at me. "they believed in the right of people to get rid of their kings, but --" charles was grinning and when she said that, he smiled even wider. "they set out the bill of rights because they thought that having absolute rights was better than the risk that someone would take them away. like the first amendment: it's supposed to protect us by preventing the government from creating two kinds of speech, allowed speech and criminal speech. they didn't want to face the risk that some jerk would decide that the things that he found unpleasant were illegal." she turned and wrote, "life, liberty and the pursuit of happiness" on it. "we're getting a little ahead of the lesson, but you seem like an advanced group." the others laughed at this, nervously. "the role of government is to secure for citizens the rights of life, liberty and the pursuit of happiness. in that order. it's like a filter. if the government wants to do something that makes us a little unhappy, or takes away some of our liberty, it's ok, providing they're doing it to save our lives. that's why the cops can lock you up if they think you're a danger to yourself or others. you lose your liberty and happiness to protect life. if you've got life, you might get liberty and happiness later." some of the others had their hands up. "doesn't that mean that they can do anything they want, if they say it's to stop someone from hurting us in the future?" "yeah," another kid said. "this sounds like you're saying that national security is more important than the constitution." i was so proud of my fellow students then. i said, "how can you protect freedom by suspending the bill of rights?" she shook her head at us like we were being very stupid. "the 'revolutionary' founding fathers *shot traitors* and spies. they didn't believe in absolute freedom, not when it threatened the republic. now you take these xnet people --" i tried hard not to stiffen. "-- these so-called jammers who were on the news this morning. after this city was attacked by people who've declared war on this country, they set about sabotaging the security measures set up to catch the bad guys and prevent them from doing it again. they did this by endangering and inconveniencing their fellow citizens --" "they did it to show that our rights were being taken away in the name of protecting them!" i said. ok, i shouted. god, she had me so steamed. "they did it because the government was treating *everyone* like a suspected terrorist." "so they wanted to prove that they shouldn't be treated like terrorists," charles shouted back, "so they acted like terrorists? so they committed terrorism?" i boiled. "oh for christ's sake. committed terrorism? they showed that universal surveillance was more dangerous than terrorism. look at what happened in the park last weekend. those people were dancing and listening to music. how is *that* terrorism?" the teacher crossed the room and stood before me, looming over me until i shut up. "marcus, you seem to think that nothing has changed in this country. you need to understand that the bombing of the bay bridge changed everything. thousands of our friends and relatives lie dead at the bottom of the bay. this is a time for national unity in the face of the violent insult our country has suffered --" i stood up. i'd had enough of this "everything has changed" crapola. "national unity? the whole point of america is that we're the country where dissent is welcome. we're a country of dissidents and fighters and university dropouts and free speech people." i thought of ms galvez's last lesson and the thousands of berkeley students who'd surrounded the police-van when they tried to arrest a guy for distributing civil rights literature. no one tried to stop those trucks when they drove away with all the people who'd been dancing in the park. i didn't try. i was running away. maybe everything *had* changed. "i believe you know where mr benson's office is," she said to me. "you are to present yourself to him immediately. i will *not* have my classes disrupted by disrespectful behavior. for someone who claims to love freedom of speech, you're certainly willing to shout down anyone who disagrees with you." i picked up my schoolbook and my bag and stormed out. the door had a gas-lift, so it was impossible to slam, or i would have slammed it. i went fast to mr benson's office. cameras filmed me as i went. my gait was recorded. the arphids in my student id broadcast my identity to sensors in the hallway. it was like being in jail. "close the door, marcus," mr benson said. he turned his screen around so that i could see the video feed from the social studies classroom. he'd been watching. "what do you have to say for yourself?" "that wasn't teaching, it was *propaganda*. she told us that the constitution didn't matter!" "no, she said it wasn't religious doctrine. and you attacked her like some kind of fundamentalist, proving her point. marcus, you of all people should understand that everything changed when the bridge was bombed. your friend darryl --" "don't you say a goddamned word about him," i said, the anger bubbling over. "you're not fit to talk about him. yeah, i understand that everything's different now. we used to be a free country. now we're not." "marcus, do you know what 'zero-tolerance' means?" i backed down. he could expel me for "threatening behavior." it was supposed to be used against gang kids who tried to intimidate their teachers. but of course he wouldn't have any compunctions about using it on me. "yes," i said. "i know what it means." "i think you owe me an apology," he said. i looked at him. he was barely suppressing his sadistic smile. a part of me wanted to grovel. it wanted to beg for his forgiveness for all my shame. i tamped that part down and decided that i would rather get kicked out than apologize. "governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." i remembered it word for word. he shook his head. "remembering things isn't the same as understanding them, sonny." he bent over his computer and made some clicks. his printer purred. he handed me a sheet of warm board letterhead that said i'd been suspended for two weeks. "i'll email your parents now. if you are still on school property in thirty minutes, you'll be arrested for trespassing." i looked at him. "you don't want to declare war on me in my own school," he said. "you can't win that war. go!" i left. &&& chapter [[this chapter is dedicated to the incomparable mysterious galaxy in san diego, california. the mysterious galaxy folks have had me in to sign books every time i've been in san diego for a conference or to teach (the clarion writers' workshop is based at uc san diego in nearby la jolla, ca), and every time i show up, they pack the house. this is a store with a loyal following of die-hard fans who know that they'll always be able to get great recommendations and great ideas at the store. in summer , i took my writing class from clarion down to the store for the midnight launch of the final harry potter book and i've never seen such a rollicking, awesomely fun party at a store.]] [[mysterious galaxy http://mysteriousgalaxy.booksense.com/nasapp/store/product?s=showproduct&isbn= clairemont mesa blvd., suite # san diego, ca usa + ]] the xnet wasn't much fun in the middle of the school-day, when all the people who used it were in school. i had the piece of paper folded in the back pocket of my jeans, and i threw it on the kitchen table when i got home. i sat down in the living room and switched on the tv. i never watched it, but i knew that my parents did. the tv and the radio and the newspapers were where they got all their ideas about the world. the news was terrible. there were so many reasons to be scared. american soldiers were dying all over the world. not just soldiers, either. national guardsmen, who thought they were signing up to help rescue people from hurricanes, stationed overseas for years and years of a long and endless war. i flipped around the -hour news networks, one after another, a parade of officials telling us why we should be scared. a parade of photos of bombs going off around the world. i kept flipping and found myself looking at a familiar face. it was the guy who had come into the truck and spoken to severe-haircut woman when i was chained up in the back. wearing a military uniform. the caption identified him as major general graeme sutherland, regional commander, dhs. "i hold in my hands actual literature on offer at the so-called concert in dolores park last weekend." he held up a stack of pamphlets. there'd been lots of pamphleteers there, i remembered. wherever you got a group of people in san francisco, you got pamphlets. "i want you to look at these for a moment. let me read you their titles. without the consent of the governed: a citizen's guide to overthrowing the state. here's one, did the september th bombings really happen? and another, how to use their security against them. this literature shows us the true purpose of the illegal gathering on saturday night. this wasn't merely an unsafe gathering of thousands of people without proper precaution, or even toilets. it was a recruiting rally for the enemy. it was an attempt to corrupt children into embracing the idea that america shouldn't protect herself. "take this slogan, don't trust anyone over . what better way to ensure that no considered, balanced, adult discussion is ever injected into your pro-terrorist message than to exclude adults, limiting your group to impressionable young people? "when police came on the scene, they found a recruitment rally for america's enemies in progress. the gathering had already disrupted the nights of hundreds of residents in the area, none of whom had been consulted in the planning of this all night rave party. "they ordered these people to disperse -- that much is visible on all the video -- and when the revelers turned to attack them, egged on by the musicians on stage, the police subdued them using non-lethal crowd control techniques. "the arrestees were ring-leaders and provocateurs who had led the thousands of impressionistic young people there to charge the police lines. of them were taken into custody. many of these people had prior offenses. more than of them had outstanding warrants. they are still in custody. "ladies and gentlemen, america is fighting a war on many fronts, but nowhere is she in more grave danger than she is here, at home. whether we are being attacked by terrorists or those who sympathize with them." a reporter held up a hand and said, "general sutherland, surely you're not saying that these children were terrorist sympathizers for attending a party in a park?" "of course not. but when young people are brought under the influence of our country's enemies, it's easy for them to end up over their heads. terrorists would love to recruit a fifth column to fight the war on the home front for them. if these were my children, i'd be gravely concerned." another reporter chimed in. "surely this is just an open air concert, general? they were hardly drilling with rifles." the general produced a stack of photos and began to hold them up. "these are pictures that officers took with infra-red cameras before moving in." he held them next to his face and paged through them one at a time. they showed people dancing really rough, some people getting crushed or stepped on. then they moved into sex stuff by the trees, a girl with three guys, two guys necking together. "there were children as young as ten years old at this event. a deadly cocktail of drugs, propaganda and music resulted in dozens of injuries. it's a wonder there weren't any deaths." i switched the tv off. they made it look like it had been a riot. if my parents thought i'd been there, they'd have strapped me to my bed for a month and only let me out afterward wearing a tracking collar. speaking of which, they were going to be *pissed* when they found out i'd been suspended. # they didn't take it well. dad wanted to ground me, but mom and i talked him out of it. "you know that vice-principal has had it in for marcus for years," mom said. "the last time we met him you cursed him for an hour afterward. i think the word 'asshole' was mentioned repeatedly." dad shook his head. "disrupting a class to argue against the department of homeland security --" "it's a social studies class, dad," i said. i was beyond caring anymore, but i felt like if mom was going to stick up for me, i should help her out. "we were talking about the dhs. isn't debate supposed to be healthy?" "look, son," he said. he'd taking to calling me "son" a lot. it made me feel like he'd stopped thinking of me as a person and switched to thinking of me as a kind of half-formed larva that needed to be guided out of adolescence. i hated it. "you're going to have to learn to live with the fact that we live in a different world today. you have every right to speak your mind of course, but you have to be prepared for the consequences of doing so. you have to face the fact that there are people who are hurting, who aren't going to want to argue the finer points of constitutional law when their lives are at stake. we're in a lifeboat now, and once you're in the lifeboat, no one wants to hear about how mean the captain is being." i barely restrained myself from rolling my eyes. "i've been assigned two weeks of independent study, writing one paper for each of my subjects, using the city for my background -- a history paper, a social studies paper, an english paper, a physics paper. it beats sitting around at home watching television." dad looked hard at me, like he suspected i was up to something, then nodded. i said goodnight to them and went up to my room. i fired up my xbox and opened a word-processor and started to brainstorm ideas for my papers. why not? it really was better than sitting around at home. # i ended up iming with ange for quite a while that night. she was sympathetic about everything and told me she'd help me with my papers if i wanted to meet her after school the next night. i knew where her school was -- she went to the same school as van -- and it was all the way over in the east bay, where i hadn't visited since the bombs went. i was really excited at the prospect of seeing her again. every night since the party, i'd gone to bed thinking of two things: the sight of the crowd charging the police lines and the feeling of the side of her breast under her shirt as we leaned against the pillar. she was amazing. i'd never been with a girl as...aggressive as her before. it had always been me putting the moves on and them pushing me away. i got the feeling that ange was as much of a horn-dog as i was. it was a tantalizing notion. i slept soundly that night, with exciting dreams of me and ange and what we might do if we found ourselves in a secluded spot somewhere. the next day, i set out to work on my papers. san francisco is a good place to write about. history? sure, it's there, from the gold rush to the wwii shipyards, the japanese internment camps, the invention of the pc. physics? the exploratorium has the coolest exhibits of any museum i've ever been to. i took a perverse satisfaction in the exhibits on soil liquefaction during big quakes. english? jack london, beat poets, science fiction writers like pat murphy and rudy rucker. social studies? the free speech movement, cesar chavez, gay rights, feminism, anti-war movement... i've always loved just learning stuff for its own sake. just to be smarter about the world around me. i could do that just by walking around the city. i decided i'd do an english paper about the beats first. city lights books had a great library in an upstairs room where alan ginsberg and his buddies had created their radical druggy poetry. the one we'd read in english class was *howl* and i would never forget the opening lines, they gave me shivers down my back: i saw the best minds of my generation destroyed by madness, starving hysterical naked, dragging themselves through the negro streets at dawn looking for an angry fix, angelheaded hipsters burning for the ancient heavenly connection to the starry dynamo in the machinery of night... i liked the way he ran those words all together, "starving hysterical naked." i knew how that felt. and "best minds of my generation" made me think hard too. it made me remember the park and the police and the gas falling. they busted ginsberg for obscenity over howl -- all about a line about gay sex that would hardly have caused us to blink an eye today. it made me happy somehow, knowing that we'd made some progress. that things had been even more restrictive than this before. i lost myself in the library, reading these beautiful old editions of the books. i got lost in jack kerouac's *on the road*, a novel i'd been meaning to read for a long time, and a clerk who came up to check on me nodded approvingly and found me a cheap edition that he sold me for six bucks. i walked into chinatown and had dim sum buns and noodles with hot-sauce that i had previously considered to be pretty hot, but which would never seem anything like hot ever again, not now that i'd had an ange special. as the day wore on toward the afternoon, i got on the bart and switched to a san mateo bridge shuttle bus to bring me around to the east bay. i read my copy of *on the road* and dug the scenery whizzing past. *on the road* is a semi-autobiographical novel about jack kerouac, a druggy, hard-drinking writer who goes hitchhiking around america, working crummy jobs, howling through the streets at night, meeting people and parting ways. hipsters, sad-faced hobos, con-men, muggers, scumbags and angels. there's not really a plot -- kerouac supposedly wrote it in three weeks on a long roll of paper, stoned out of his mind -- only a bunch of amazing things, one thing happening after another. he makes friends with self-destructing people like dean moriarty, who get him involved in weird schemes that never really work out, but still it works out, if you know what i mean. there was a rhythm to the words, it was luscious, i could hear it being read aloud in my head. it made me want to lie down in the bed of a pickup truck and wake up in a dusty little town somewhere in the central valley on the way to la, one of those places with a gas station and a diner, and just walk out into the fields and meet people and see stuff and do stuff. it was a long bus ride and i must have dozed off a little -- staying up late iming with ange was hard on my sleep-schedule, since mom still expected me down for breakfast. i woke up and changed buses and before long, i was at ange's school. she came bounding out of the gates in her uniform -- i'd never seen her in it before, it was kind of cute in a weird way, and reminded me of van in her uniform. she gave me a long hug and a hard kiss on the cheek. "hello you!" she said. "hiya!" "whatcha reading?" i'd been waiting for this. i'd marked the passage with a finger. "listen: 'they danced down the streets like dingledodies, and i shambled after as i've been doing all my life after people who interest me, because the only people for me are the mad ones, the ones who are mad to live, mad to talk, mad to be saved, desirous of everything at the same time, the ones that never yawn or say a commonplace thing, but burn, burn, burn like fabulous yellow roman candles exploding like spiders across the stars and in the middle you see the blue centerlight pop and everybody goes "awww!"'" she took the book and read the passage again for herself. "wow, dingledodies! i love it! is it all like this?" i told her about the parts i'd read, walking slowly down the sidewalk back toward the bus-stop. once we turned the corner, she put her arm around my waist and i slung mine around her shoulder. walking down the street with a girl -- my girlfriend? sure, why not? -- talking about this cool book. it was heaven. made me forget my troubles for a little while. "marcus?" i turned around. it was van. in my subconscious i'd expected this. i knew because my conscious mind wasn't remotely surprised. it wasn't a big school, and they all got out at the same time. i hadn't spoken to van in weeks, and those weeks felt like months. we used to talk every day. "hey, van," i said. i suppressed the urge to take my arm off of ange's shoulders. van seemed surprised, but not angry, more ashen, shaken. she looked closely at the two of us. "angela?" "hey, vanessa," ange said. "what are you doing here?" "i came out to get ange," i said, trying to keep my tone neutral. i was suddenly embarrassed to be seen with another girl. "oh," van said. "well, it was nice to see you." "nice to see you too, vanessa," ange said, swinging me around, marching me back toward the bus-stop. "you know her?" ange said. "yeah, since forever." "was she your girlfriend?" "what? no! no way! we were just friends." "you *were* friends?" i felt like van was walking right behind us, listening in, though at the pace we were walking, she would have to be jogging to keep up. i resisted the temptation to look over my shoulder for as long as possible, then i did. there were lots of girls from the school behind us, but no van. "she was with me and jose-luis and darryl when we were arrested. we used to arg together. the four of us, we were kind of best friends." "and what happened?" i dropped my voice. "she didn't like the xnet," i said. "she thought we would get into trouble. that i'd get other people into trouble." "and that's why you stopped being friends?" "we just drifted apart." we walked a few steps. "you weren't, you know, boyfriend/girlfriend friends?" "no!" i said. my face was hot. i felt like i sounded like i was lying, even though i was telling the truth. ange jerked us to a halt and studied my face. "were you?" "no! seriously! just friends. darryl and her -- well, not quite, but darryl was so into her. there was no way --" "but if darryl hadn't been into her, you would have, huh?" "no, ange, no. please, just believe me and let it go. vanessa was a good friend and we're not anymore, and that upsets me, but i was never into her that way, all right? she slumped a little. "ok, ok. i'm sorry. i don't really get along with her is all. we've never gotten along in all the years we've known each other." oh ho, i thought. this would be how it came to be that jolu knew her for so long and i never met her; she had some kind of thing with van and he didn't want to bring her around. she gave me a long hug and we kissed, and a bunch of girls passed us going *woooo* and we straightened up and headed for the bus-stop. ahead of us walked van, who must have gone past while we were kissing. i felt like a complete jerk. of course, she was at the stop and on the bus and we didn't say a word to each other, and i tried to make conversation with ange all the way, but it was awkward. the plan was to stop for a coffee and head to ange's place to hang out and "study," i.e. take turns on her xbox looking at the xnet. ange's mom got home late on tuesdays, which was her night for yoga class and dinner with her girls, and ange's sister was going out with her boyfriend, so we'd have the place to ourselves. i'd been having pervy thoughts about it ever since we'd made the plan. we got to her place and went straight to her room and shut the door. her room was kind of a disaster, covered with layers of clothes and notebooks and parts of pcs that would dig into your stocking feet like caltrops. her desk was worse than the floor, piled high with books and comics, so we ended up sitting on her bed, which was ok by me. the awkwardness from seeing van had gone away somewhat and we got her xbox up and running. it was in the center of a nest of wires, some going to a wireless antenna she'd hacked into it and stuck to the window so she could tune in the neighbors' wifi. some went to a couple of old laptop screens she'd turned into standalone monitors, balanced on stands and bristling with exposed electronics. the screens were on both bedside tables, which was an excellent setup for watching movies or iming from bed -- she could turn the monitors sidewise and lie on her side and they'd be right-side-up, no matter which side she lay on. we both knew what we were really there for, sitting side by side propped against the bedside table. i was trembling a little and super-conscious of the warmth of her leg and shoulder against mine, but i needed to go through the motions of logging into xnet and seeing what email i'd gotten and so on. there was an email from a kid who liked to send in funny phone-cam videos of the dhs being really crazy -- the last one had been of them disassembling a baby's stroller after a bomb-sniffing dog had shown an interest in it, taking it apart with screwdrivers right on the street in the marina while all these rich people walked past, staring at them and marveling at how weird it was. i'd linked to the video and it had been downloaded like crazy. he'd hosted it on the internet archive's alexandria mirror in egypt, where they'd host anything for free so long as you'd put it under the creative commons license, which let anyone remix it and share it. the us archive -- which was down in the presidio, only a few minutes away -- had been forced to take down all those videos in the name of national security, but the alexandria archive had split away into its own organization and was hosting anything that embarrassed the usa. this kid -- his handle was kameraspie -- had sent me an even better video this time around. it was at the doorway to city hall in civic center, a huge wedding cake of a building covered with statues in little archways and gilt leaves and trim. the dhs had a secure perimeter around the building, and kameraspie's video showed a great shot of their checkpoint as a guy in an officer's uniform approached and showed his id and put his briefcase on the x-ray belt. it was all ok until one of the dhs people saw something he didn't like on the x-ray. he questioned the general, who rolled his eyes and said something inaudible (the video had been shot from across the street, apparently with a homemade concealed zoom lens, so the audio was mostly of people walking past and traffic noises). the general and the dhs guys got into an argument, and the longer they argued, the more dhs guys gathered around them. finally, the general shook his head angrily and waved his finger at the dhs guy's chest and picked up his briefcase and started to walk away. the dhs guys shouted at him, but he didn't slow. his body language really said, "i am totally, utterly pissed." then it happened. the dhs guys ran after the general. kameraspie slowed the video down here, so we could see, in frame-by-frame slo-mo, the general half-turning, his face all like, "no freaking way are you about to tackle me," then changing to horror as three of the giant dhs guards slammed into him, knocking him sideways, then catching him at the middle, like a career-ending football tackle. the general -- middle aged, steely grey hair, lined and dignified face -- went down like a sack of potatoes and bounced twice, his face slamming off the sidewalk and blood starting out of his nose. the dhs hog-tied the general, strapping him at ankles and wrists. the general was shouting now, really shouting, his face purpling under the blood streaming from his nose. legs swished by in the tight zoom. passing pedestrians looked at this guy in his uniform, getting tied up, and you could see from his face that this was the worst part, this was the ritual humiliation, the removal of dignity. the clip ended. "oh my dear sweet buddha," i said looking at the screen as it faded to black, starting the video again. i nudged ange and showed her the clip. she watched wordless, jaw hanging down to her chest. "post that," she said. "post that post that post that post that!" i posted it. i could barely type as i wrote it up, describing what i'd seen, adding a note to see if anyone could identify the military man in the video, if anyone knew anything about this. i hit publish. we watched the video. we watched it again. my email pinged. > i totally recognize that dude -- you can find his bio on wikipedia. he's general claude geist. he commanded the joint un peacekeeping mission in haiti. i checked the bio. there was a picture of the general at a press conference, and notes about his role in the difficult haiti mission. it was clearly the same guy. i updated the post. theoretically, this was ange's and my chance to make out, but that wasn't what we ended up doing. we crawled the xnet blogs, looking for more accounts of the dhs searching people, tackling people, invading them. this was a familiar task, the same thing i'd done with all the footage and accounts from the riots in the park. i started a new category on my blog for this, abusesofauthority, and filed them away. ange kept coming up with new search terms for me to try and by the time her mom got home, my new category had seventy posts, headlined by general geist's city hall takedown. # i worked on my beat paper all the next day at home, reading the kerouac and surfing the xnet. i was planning on meeting ange at school, but i totally wimped out at the thought of seeing van again, so i texted her an excuse about working on the paper. there were all kinds of great suggestions for abusesofauthority coming in; hundreds of little and big ones, pictures and audio. the meme was spreading. it spread. the next morning there were even more. someone started a new blog called abusesofauthority that collected hundreds more. the pile grew. we competed to find the juiciest stories, the craziest pictures. the deal with my parents was that i'd eat breakfast with them every morning and talk about the projects i was doing. they liked that i was reading kerouac. it had been a favorite book of both of theirs and it turned out there was already a copy on the bookcase in my parents' room. my dad brought it down and i flipped through it. there were passages marked up with pen, dog-eared pages, notes in the margin. my dad had really loved this book. it made me remember a better time, when my dad and i had been able to talk for five minutes without shouting at each other about terrorism, and we had a great breakfast talking about the way that the novel was plotted, all the crazy adventures. but the next morning at breakfast they were both glued to the radio. "abuses of authority -- it's the latest craze on san francisco's notorious xnet, and it's captured the world's attention. called a-oh-a, the movement is composed of 'little brothers' who watch back against the department of homeland security's anti-terrorism measures, documenting the failures and excesses. the rallying cry is a popular viral video clip of a general claude geist, a retired three-star general, being tackled by dhs officers on the sidewalk in front of city hall. geist hasn't made a statement on the incident, but commentary from young people who are upset with their own treatment has been fast and furious. "most notable has been the global attention the movement has received. stills from the geist video have appeared on the front pages of newspapers in korea, great britain, germany, egypt and japan, and broadcasters around the world have aired the clip on prime-time news. the issue came to a head last night, when the british broadcasting corporation's national news evening program ran a special report on the fact that no american broadcaster or news agency has covered this story. commenters on the bbc's website noted that bbc america's version of the news did not carry the report." they brought on a couple of interviews: british media watchdogs, a swedish pirate party kid who made jeering remarks about america's corrupt press, a retired american newscaster living in tokyo, then they aired a short clip from al-jazeera, comparing the american press record and the record of the national news-media in syria. i felt like my parents were staring at me, that they knew what i was doing. but when i cleared away my dishes, i saw that they were looking at each other. dad was holding his coffee cup so hard his hands were shaking. mom was looking at him. "they're trying to discredit us," dad said finally. "they're trying to sabotage the efforts to keep us safe." i opened my mouth, but my mom caught my eye and shook her head. instead i went up to my room and worked on my kerouac paper. once i'd heard the door slam twice, i fired up my xbox and got online. > hello m k y. this is colin brown. i'm a producer with the canadian broadcasting corporation's news programme the national. we're doing a story on xnet and have sent a reporter to san francisco to cover it from there. would you be interested in doing an interview to discuss your group and its actions? i stared at the screen. jesus. they wanted to *interview* me about "my group"? > um thanks no. i'm all about privacy. and it's not "my group." but thanks for doing the story! a minute later, another email. > we can mask you and ensure your anonymity. you know that the department of homeland security will be happy to provide their own spokesperson. i'm interested in getting your side. i filed the email. he was right, but i'd be crazy to do this. for all i knew, he *was* the dhs. i picked up more kerouac. another email came in. same request, different news-agency: kqed wanted to meet me and record a radio interview. a station in brazil. the australian broadcasting corporation. deutsche welle. all day, the press requests came in. all day, i politely turned them down. i didn't get much kerouac read that day. # "hold a press-conference," is what ange said, as we sat in the cafe near her place that evening. i wasn't keen on going out to her school anymore, getting stuck on a bus with van again. "what? are you crazy?" "do it in clockwork plunder. just pick a trading post where there's no pvp allowed and name a time. you can login from here." pvp is player-versus-player combat. parts of clockwork plunder were neutral ground, which meant that we could theoretically bring in a ton of noob reporters without worrying about gamers killing them in the middle of the press-conference. "i don't know anything about press conferences." "oh, just google it. i'm sure someone's written an article on holding a successful one. i mean, if the president can manage it, i'm sure you can. he looks like he can barely tie his shoes without help." we ordered more coffee. "you are a very smart woman," i said. "and i'm beautiful," she said. "that too," i said. &&& chapter [[this chapter is dedicated to chapters/indigo, the national canadian megachain. i was working at bakka, the independent science fiction bookstore, when chapters opened its first store in toronto and i knew that something big was going on right away, because two of our smartest, best-informed customers stopped in to tell me that they'd been hired to run the science fiction section. from the start, chapters raised the bar on what a big corporate bookstore could be, extending its hours, adding a friendly cafe and lots of seating, installing in-store self-service terminals and stocking the most amazing variety of titles.]] [[chapters/indigo: http://www.chapters.indigo.ca/books/little-brother-cory-doctorow/ -item.html]] i blogged the press-conference even before i'd sent out the invitations to the press. i could tell that all these writers wanted to make me into a leader or a general or a supreme guerrilla commandant, and i figured one way of solving that would be to have a bunch of xnetters running around answering questions too. then i emailed the press. the responses ranged from puzzled to enthusiastic -- only the fox reporter was "outraged" that i had the gall to ask her to play a game in order to appear on her tv show. the rest of them seemed to think that it would make a pretty cool story, though plenty of them wanted lots of tech support for signing onto the game i picked pm, after dinner. mom had been bugging me about all the evenings i'd been spending out of the house until i finally spilled the beans about ange, whereupon she came over all misty and kept looking at me like, my-little-boy's-growing-up. she wanted to meet ange, and i used that as leverage, promising to bring her over the next night if i could "go to the movies" with ange tonight. ange's mom and sister were out again -- they weren't real stay-at-homes -- which left me and ange alone in her room with her xbox and mine. i unplugged one of her bedside screens and attached my xbox to it so that we could both login at once. both xboxes were idle, logged into clockwork plunder. i was pacing. "it's going to be fine," she said. she glanced at her screen. "patcheye pete's market has players in it now!" we'd picked patcheye pete's because it was the market closest to the village square where new players spawned. if the reporters weren't already clockwork plunder players -- ha! -- then that's where they'd show up. in my blog post i'd asked people generally to hang out on the route between patcheye pete's and the spawn-gate and direct anyone who looked like a disoriented reporter over to pete's. "what the hell am i going to tell them?" "you just answer their questions -- and if you don't like a question, ignore it. someone else can answer it. it'll be fine." "this is insane." "this is perfect, marcus. if you want to really screw the dhs, you have to embarrass them. it's not like you're going to be able to out-shoot them. your only weapon is your ability to make them look like morons." i flopped on the bed and she pulled my head into her lap and stroked my hair. i'd been playing around with different haircuts before the bombing, dying it all kinds of funny colors, but since i'd gotten out of jail i couldn't be bothered. it had gotten long and stupid and shaggy and i'd gone into the bathroom and grabbed my clippers and buzzed it down to half an inch all around, which took zero effort to take care of and helped me to be invisible when i was out jamming and cloning arphids. i opened my eyes and stared into her big brown eyes behind her glasses. they were round and liquid and expressive. she could make them bug out when she wanted to make me laugh, or make them soft and sad, or lazy and sleepy in a way that made me melt into a puddle of horniness. that's what she was doing right now. i sat up slowly and hugged her. she hugged me back. we kissed. she was an amazing kisser. i know i've already said that, but it bears repeating. we kissed a lot, but for one reason or another we always stopped before it got too heavy. now i wanted to go farther. i found the hem of her t-shirt and tugged. she put her hands over her head and pulled back a few inches. i knew that she'd do that. i'd known since the night in the park. maybe that's why we hadn't gone farther -- i knew i couldn't rely on her to back off, which scared me a little. but i wasn't scared then. the impending press-conference, the fights with my parents, the international attention, the sense that there was a movement that was careening around the city like a wild pinball -- it made my skin tingle and my blood sing. and she was beautiful, and smart, and clever and funny, and i was falling in love with her. her shirt slid off, her arching her back to help me get it over her shoulders. she reached behind her and did something and her bra fell away. i stared goggle-eyed, motionless and breathless, and then she grabbed *my* shirt and pulled it over my head, grabbing me and pulling my bare chest to hers. we rolled on the bed and touched each other and ground our bodies together and groaned. she kissed all over my chest and i did the same to her. i couldn't breathe, i couldn't think, i could only move and kiss and lick and touch. we dared each other to go forward. i undid her jeans. she undid mine. i lowered her zipper, she did mine, and tugged my jeans off. i tugged off hers. a moment later we were both naked, except for my socks, which i peeled off with my toes. it was then that i caught sight of the bedside clock, which had long ago rolled onto the floor and lay there, glowing up at us. "crap!" i yelped. "it starts in two minutes!" i couldn't freaking believe that i was about to stop what i was about to stop doing, when i was about to stop doing it. i mean, if you'd asked me, "marcus, you are about to get laid for the firstest time evar, will you stop if i let off this nuclear bomb in the same room as you?" the answer would have been a resounding and unequivocal *no*. and yet we stopped for this. she grabbed me and pulled my face to hers and kissed me until i thought i would pass out, then we both grabbed our clothes and more or less dressed, grabbing our keyboards and mice and heading for patcheye pete's. # you could easily tell who the press were: they were the noobs who played their characters like staggering drunks, weaving back and forth and up and down, trying to get the hang of it all, occasionally hitting the wrong key and offering strangers all or part of their inventory, or giving them accidental hugs and kicks. the xnetters were easy to spot, too: we all played clockwork plunder whenever we had some spare time (or didn't feel like doing our homework), and we had pretty tricked-out characters with cool weapons and booby-traps on the keys sticking out of our backs that would cream anyone who tried to snatch them and leave us to wind down. when i appeared, a system status message displayed m k y has entered patcheye pete's -- welcome swabbie we offer fair trade for fine booty. all the players on the screen froze, then they crowded around me. the chat exploded. i thought about turning on my voice-paging and grabbing a headset, but seeing how many people were trying to talk at once, i realized how confusing that would be. text was much easier to follow and they couldn't misquote me (heh heh). i'd scouted the location before with ange -- it was great campaigning with her, since we could both keep each other wound up. there was a high-spot on a pile of boxes of salt-rations that i could stand on and be seen from anywhere in the market. > good evening and thank you all for coming. my name is m k y and i'm not the leader of anything. all around you are xnetters who have as much to say about why we're here as i do. i use the xnet because i believe in freedom and the constitution of the united states of america. i use xnet because the dhs has turned my city into a police-state where we're all suspected terrorists. i use xnet because i think you can't defend freedom by tearing up the bill of rights. i learned about the constitution in a california school and i was raised to love my country for its freedom. if i have a philosophy, it is this: > governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. > i didn't write that, but i believe it. the dhs does not govern with my consent. > thank you i'd written this the day before, bouncing drafts back and forth with ange. pasting it in only took a second, though it took everyone in the game a moment to read it. a lot of the xnetters cheered, big showy pirate "hurrah"s with raised sabers and pet parrots squawking and flying overhead. gradually, the journalists digested it too. the chat was running past fast, so fast you could barely read it, lots of xnetters saying things like "right on" and "america, love it or leave it" and "dhs go home" and "america out of san francisco," all slogans that had been big on the xnet blogosphere. > m k y, this is priya rajneesh from the bbc. you say you're not the leader of any movement, but do you believe there is a movement? is it called the xnet? lots of answers. some people said there wasn't a movement, some said there was and lots of people had ideas about what it was called: xnet, little brothers, little sisters, and my personal favorite, the united states of america. they were really cooking. i let them go, thinking of what i could say. once i had it, i typed, > i think that kind of answers your question, doesn't it? there may be one or more movements and they may be called xnet or not. > m k y, i'm doug christensen from the washington internet daily. what do you think the dhs should be doing to prevent another attack on san francisco, if what they're doing isn't successful. more chatter. lots of people said that the terrorists and the government were the same -- either literally, or just meaning that they were equally bad. some said the government knew how to catch terrorists but preferred not to because "war presidents" got re-elected. > i don't know i typed finally. > i really don't. i ask myself this question a lot because i don't want to get blown up and i don't want my city to get blown up. here's what i've figured out, though: if it's the dhs's job to keep us safe, they're failing. all the crap they've done, none of it would stop the bridge from being blown up again. tracing us around the city? taking away our freedom? making us suspicious of each other, turning us against each other? calling dissenters traitors? the point of terrorism is to terrify us. the dhs terrifies me. > i don't have any say in what the terrorists do to me, but if this is a free country then i should be able to at least say what my own cops do to me. i should be able to keep them from terrorizing me. > i know that's not a good answer. sorry. > what do you mean when you say that the dhs wouldn't stop terrorists? how do you know? > who are you? > i'm with the sydney morning herald. > i'm years old. i'm not a straight-a student or anything. even so, i figured out how to make an internet that they can't wiretap. i figured out how to jam their person-tracking technology. i can turn innocent people into suspects and turn guilty people into innocents in their eyes. i could get metal onto an airplane or beat a no-fly list. i figured this stuff out by looking at the web and by thinking about it. if i can do it, terrorists can do it. they told us they took away our freedom to make us safe. do you feel safe? > in australia? why yes i do the pirates all laughed. more journalists asked questions. some were sympathetic, some were hostile. when i got tired, i handed my keyboard to ange and let her be m k y for a while. it didn't really feel like m k y and me were the same person anymore anyway. m k y was the kind of kid who talked to international journalists and inspired a movement. marcus got suspended from school and fought with his dad and wondered if he was good enough for his kick-ass girlfriend. by pm i'd had enough. besides, my parents would be expecting me home soon. i logged out of the game and so did ange and we lay there for a moment. i took her hand and she squeezed hard. we hugged. she kissed my neck and murmured something. "what?" "i said i love you," she said. "what, you want me to send you a telegram?" "wow," i said. "you're that surprised, huh?" "no. um. it's just -- i was going to say that to you." "sure you were," she said, and bit the tip of my nose. "it's just that i've never said it before," i said. "so i was working up to it." "you still haven't said it, you know. don't think i haven't noticed. we girls pick upon these things." "i love you, ange carvelli," i said. "i love you too, marcus yallow." we kissed and nuzzled and i started to breathe hard and so did she. that's when her mom knocked on the door. "angela," she said, "i think it's time your friend went home, don't you?" "yes, mother," she said, and mimed swinging an axe. as i put my socks and shoes on, she muttered, "they'll say, that angela, she was such a good girl, who would have thought it, all the time she was in the back yard, helping her mother out by sharpening that hatchet." i laughed. "you don't know how easy you have it. there is *no way* my folks would leave us alone in my bedroom until o'clock." " : ," she said, checking her clock. "crap!" i yelped and tied my shoes. "go," she said, "run and be free! look both ways before crossing the road! write if you get work! don't even stop for a hug! if you're not out of here by the count of ten, there's going to be *trouble*, mister. one. two. three." i shut her up by leaping onto the bed, landing on her and kissing her until she stopped trying to count. satisfied with my victory, i pounded down the stairs, my xbox under my arm. her mom was at the foot of the stairs. we'd only met a couple times. she looked like an older, taller version of ange -- ange said her father was the short one -- with contacts instead of glasses. she seemed to have tentatively classed me as a good guy, and i appreciated it. "good night, mrs carvelli," i said. "good night, mr yallow," she said. it was one of our little rituals, ever since i'd called her mrs carvelli when we first met. i found myself standing awkwardly by the door. "yes?" she said. "um," i said. "thanks for having me over." "you're always welcome in our home, young man," she said. "and thanks for ange," i said finally, hating how lame it sounded. but she smiled broadly and gave me a brief hug. "you're very welcome," she said. the whole bus ride home, i thought over the press-conference, thought about ange naked and writhing with me on her bed, thought about her mother smiling and showing me the door. my mom was waiting up for me. she asked me about the movie and i gave her the response i'd worked out in advance, cribbing from the review it had gotten in the *bay guardian*. as i fell asleep, the press-conference came back. i was really proud of it. it had been so cool, to have all these big-shot journos show up in the game, to have them listen to me and to have them listen to all the people who believed in the same things as me. i dropped off with a smile on my lips. # i should have known better. xnet leader: i could get metal onto an airplane dhs doesn't have my consent to govern xnet kids: usa out of san francisco those were the *good* headlines. everyone sent me the articles to blog, but it was the last thing i wanted to do. i'd blown it, somehow. the press had come to my press-conference and concluded that we were terrorists or terrorist dupes. the worst was the reporter on fox news, who had apparently shown up anyway, and who devoted a ten-minute commentary to us, talking about our "criminal treason." her killer line, repeated on every news-outlet i found, was: "they say they don't have a name. i've got one for them. let's call these spoiled children cal-quaeda. they do the terrorists' work on the home front. when -- not if, but when -- california gets attacked again, these brats will be as much to blame as the house of saud." leaders of the anti-war movement denounced us as fringe elements. one guy went on tv to say that he believed we had been fabricated by the dhs to discredit them. the dhs had their own press-conference announcing that they would double the security in san francisco. they held up an arphid cloner they'd found somewhere and demonstrated it in action, using it to stage a car-theft, and warned everyone to be on their alert for young people behaving suspiciously, especially those whose hands were out of sight. they weren't kidding. i finished my kerouac paper and started in on a paper about the summer of love, the summer of when the anti-war movement and the hippies converged on san francisco. the guys who founded ben and jerry's -- old hippies themselves -- had founded a hippie museum in the haight, and there were other archives and exhibits to see around town. but it wasn't easy getting around. by the end of the week, i was getting frisked an average of four times a day. cops checked my id and questioned me about why i was out in the street, carefully eyeballing the letter from chavez saying that i was suspended. i got lucky. no one arrested me. but the rest of the xnet weren't so lucky. every night the dhs announced more arrests, "ringleaders" and "operatives" of xnet, people i didn't know and had never heard of, paraded on tv along with the arphid sniffers and other devices that had been in their pockets. they announced that the people were "naming names," compromising the "xnet network" and that more arrests were expected soon. the name "m k y" was often heard. dad loved this. he and i watched the news together, him gloating, me shrinking away, quietly freaking out. "you should see the stuff they're going to use on these kids," dad said. "i've seen it in action. they'll get a couple of these kids and check out their friends lists on im and the speed-dials on their phones, look for names that come up over and over, look for patterns, bringing in more kids. they're going to unravel them like an old sweater." i canceled ange's dinner at our place and started spending even more time there. ange's little sister tina started to call me "the house-guest," as in "is the house-guest eating dinner with me tonight?" i liked tina. all she cared about was going out and partying and meeting guys, but she was funny and utterly devoted to ange. one night as we were doing the dishes, she dried her hands and said, conversationally, "you know, you seem like a nice guy, marcus. my sister's just crazy about you and i like you too. but i have to tell you something: if you break her heart, i will track you down and pull your scrotum over your head. it's not a pretty sight." i assured her that i would sooner pull my own scrotum over my head than break ange's heart and she nodded. "so long as we're clear on that." "your sister is a nut," i said as we lay on ange's bed again, looking at xnet blogs. that is pretty much all we did: fool around and read xnet. "did she use the scrotum line on you? i hate it when she does that. she just loves the word 'scrotum,' you know. it's nothing personal." i kissed her. we read some more. "listen to this," she said. "police project four to six *hundred* arrests this weekend in what they say will be the largest coordinated raid on xnet dissidents to date." i felt like throwing up. "we've got to stop this," i said. "you know there are people who are doing *more* jamming to show that they're not intimidated? isn't that just *crazy?*" "i think it's brave," she said. "we can't let them scare us into submission." "what? no, ange, no. we can't let hundreds of people go to *jail*. you haven't been there. i have. it's worse than you think. it's worse than you can imagine." "i have a pretty fertile imagination," she said. "stop it, ok? be serious for a second. i won't do this. i won't send those people to jail. if i do, i'm the guy that van thinks i am." "marcus, i'm being serious. you think that these people don't know they could go to jail? they believe in the cause. you believe in it too. give them the credit to know what they're getting into. it's not up to you to decide what risks they can or can't take." "it's my responsibility because if i tell them to stop, they'll stop." "i thought you weren't the leader?" "i'm not, of course i'm not. but i can't help it if they look to me for guidance. and so long as they do, i have a responsibility to help them stay safe. you see that, right?" "all i see is you getting ready to cut and run at the first sign of trouble. i think you're afraid they're going to figure out who *you* are. i think you're afraid for *you*." "that's not fair," i said, sitting up, pulling away from her. "really? who's the guy who nearly had a heart attack when he thought that his secret identity was out?" "that was different," i said. "this isn't about me. you know it isn't. why are you being like this?" "why are *you* like this?" she said. "why aren't *you* willing to be the guy who was brave enough to get all this started?" "this isn't brave, it's suicide." "cheap teenage melodrama, m k y." "don't call me that!" "what, 'm k y'? why not, *m k y*?" i put my shoes on. i picked up my bag. i walked home. # > why i'm not jamming > i won't tell anyone else what to do, because i'm not anyone's leader, no matter what fox news thinks. > but i am going to tell you what *i* plan on doing. if you think that's the right thing to do, maybe you'll do it too. > i'm not jamming. not this week. maybe not next. it's not because i'm scared. it's because i'm smart enough to know that i'm better free than in prison. they figured out how to stop our tactic, so we need to come up with a new tactic. i don't care what the tactic is, but i want it to work. it's *stupid* to get arrested. it's only jamming if you get away with it. > there's another reason not to jam. if you get caught, they might use you to catch your friends, and their friends, and their friends. they might bust your friends even if they're not on xnet, because the dhs is like a maddened bull and they don't exactly worry if they've got the right guy. > i'm not telling you what to do. > but the dhs is dumb and we're smart. jamming proves that they can't fight terrorism because it proves that they can't even stop a bunch of kids. if you get caught, it makes them look like they're smarter than us. > they aren't smarter than us! we are smarter than them. let's be smart. let's figure out how to jam them, no matter how many goons they put on the streets of our city. i posted it. i went to bed. i missed ange. # ange and i didn't speak for the next four days, including the weekend, and then it was time to go back to school. i'd almost called her a million times, written a thousand unsent emails and ims. now i was back in social studies class, and mrs andersen greeted me with voluble, sarcastic courtesy, asking me sweetly how my "holiday" had been. i sat down and mumbled nothing. i could hear charles snicker. she taught us a class on manifest destiny, the idea that the americans were destined to take over the whole world (or at least that's how she made it seem) and seemed to be trying to provoke me into saying something so she could throw me out. i felt the eyes of the class on me, and it reminded me of m k y and the people who looked up to him. i was sick of being looked up to. i missed ange. i got through the rest of the day without anything making any kind of mark on me. i don't think i said eight words. finally it was over and i hit the doors, heading for the gates and the stupid mission and my pointless house. i was barely out the gate when someone crashed into me. he was a young homeless guy, maybe my age, maybe a little older. he wore a long, greasy overcoat, a pair of baggy jeans, and rotting sneakers that looked like they'd been through a wood-chipper. his long hair hung over his face, and he had a pubic beard that straggled down his throat into the collar of a no-color knit sweater. i took this all in as we lay next to each other on the sidewalk, people passing us and giving us weird looks. it seemed that he'd crashed into me while hurrying down valencia, bent over with the burden of a split backpack that lay beside him on the pavement, covered in tight geometric doodles in magic-marker. he got to his knees and rocked back and forth, like he was drunk or had hit his head. "sorry buddy," he said. "didn't see you. you hurt?" i sat up too. nothing felt hurt. "um. no, it's ok." he stood up and smiled. his teeth were shockingly white and straight, like an ad for an orthodontic clinic. he held his hand out to me and his grip was strong and firm. "i'm really sorry." his voice was also clear and intelligent. i'd expected him to sound like the drunks who talked to themselves as they roamed the mission late at night, but he sounded like a knowledgeable bookstore clerk. "it's no problem," i said. he stuck out his hand again. "zeb," he said. "marcus," i said. "a pleasure, marcus," he said. "hope to run into you again sometime!" laughing, he picked up his backpack, turned on his heel and hurried away. # i walked the rest of the way home in a bemused fug. mom was at the kitchen table and we had a little chat about nothing at all, the way we used to do, before everything changed. i took the stairs up to my room and flopped down in my chair. for once, i didn't want to login to the xnet. i'd checked in that morning before school to discover that my note had created a gigantic controversy among people who agreed with me and people who were righteously pissed that i was telling them to back off from their beloved sport. i had three thousand projects i'd been in the middle of when it had all started. i was building a pinhole camera out of legos, i'd been playing with aerial kite photography using an old digital camera with a trigger hacked out of silly putty that was stretched out at launch and slowly snapped back to its original shape, triggering the shutter at regular intervals. i had a vacuum tube amp i'd been building into an ancient, rusted, dented olive-oil tin that looked like an archaeological find -- once it was done, i'd planned to build in a dock for my phone and a set of . surround-sound speakers out of tuna-fish cans. i looked over my workbench and finally picked up the pinhole camera. methodically snapping legos together was just about my speed. i took off my watch and the chunky silver two-finger ring that showed a monkey and a ninja squaring off to fight and dropped them into the little box i used for all the crap i load into my pockets and around my neck before stepping out for the day: phone, wallet, keys, wifinder, change, batteries, retractable cables... i dumped it all out into the box, and found myself holding something i didn't remember putting in there in the first place. it was a piece of paper, grey and soft as flannel, furry at the edges where it had been torn away from some larger piece of paper. it was covered in the tiniest, most careful handwriting i'd ever seen. i unfolded it and held it up. the writing covered both sides, running down from the top left corner of one side to a crabbed signature at the bottom right corner of the other side. the signature read, simply: zeb. i picked it up and started to read. > dear marcus > you don't know me but i know you. for the past three months, since the bay bridge was blown up, i have been imprisoned on treasure island. i was in the yard on the day you talked to that asian girl and got tackled. you were brave. good on you. > i had a burst appendix the day afterward and ended up in the infirmary. in the next bed was a guy named darryl. we were both in recovery for a long time and by the time we got well, we were too much of an embarrassment to them to let go. > so they decided we must really be guilty. they questioned us every day. you've been through their questioning, i know. imagine it for months. darryl and i ended up cell-mates. we knew we were bugged, so we only talked about inconsequentialities. but at night, when we were in our cots, we would softly tap out messages to each other in morse code (i knew my ham radio days would come in useful sometime). > at first, their questions to us were just the same crap as ever, who did it, how'd they do it. but after a little while, they switched to asking us about the xnet. of course, we'd never heard of it. that didn't stop them asking. > darryl told me that they brought him arphid cloners, xboxes, all kinds of technology and demanded that he tell them who used them, where they learned to mod them. darryl told me about your games and the things you learned. > especially: the dhs asked us about our friends. who did we know? what were they like? did they have political feelings? had they been in trouble at school? with the law? > we call the prison gitmo-by-the-bay. it's been a week since i got out and i don't think that anyone knows that their sons and daughters are imprisoned in the middle of the bay. at night we could hear people laughing and partying on the mainland. > i got out last week. i won't tell you how, in case this falls into the wrong hands. maybe others will take my route. > darryl told me how to find you and made me promise to tell you what i knew when i got back. now that i've done that i'm out of here like last year. one way or another, i'm leaving this country. screw america. > stay strong. they're scared of you. kick them for me. don't get caught. > zeb there were tears in my eyes as i finished the note. i had a disposable lighter somewhere on my desk that i sometimes used to melt the insulation off of wires, and i dug it out and held it to the note. i knew i owed it to zeb to destroy it and make sure no one else ever saw it, in case it might lead them back to him, wherever he was going. i held the flame and the note, but i couldn't do it. darryl. with all the crap with the xnet and ange and the dhs, i'd almost forgotten he existed. he'd become a ghost, like an old friend who'd moved away or gone on an exchange program. all that time, they'd been questioning him, demanding that he rat me out, explain the xnet, the jammers. he'd been on treasure island, the abandoned military base that was halfway along the demolished span of the bay bridge. he'd been so close i could have swam to him. i put the lighter down and re-read the note. by the time it was done, i was weeping, sobbing. it all came back to me, the lady with the severe haircut and the questions she'd asked and the reek of piss and the stiffness of my pants as the urine dried them into coarse canvas. "marcus?" my door was ajar and my mother was standing in it, watching me with a worried look. how long had she been there? i armed the tears away from my face and snorted up the snot. "mom," i said. "hi." she came into my room and hugged me. "what is it? do you need to talk?" the note lay on the table. "is that from your girlfriend? is everything all right?" she'd given me an out. i could just blame it all on problems with ange and she'd leave my room and leave me alone. i opened my mouth to do just that, and then this came out: "i was in jail. after the bridge blew. i was in jail for that whole time." the sobs that came then didn't sound like my voice. they sounded like an animal noise, maybe a donkey or some kind of big cat noise in the night. i sobbed so my throat burned and ached with it, so my chest heaved. mom took me in her arms, the way she used to when i was a little boy, and she stroked my hair, and she murmured in my ear, and rocked me, and gradually, slowly, the sobs dissipated. i took a deep breath and mom got me a glass of water. i sat on the edge of my bed and she sat in my desk chair and i told her everything. everything. well, most of it. &&& chapter [[this chapter is dedicated to san francisco's booksmith, ensconced in the storied haight-ashbury neighborhood, just a few doors down from the ben and jerry's at the exact corner of haight and ashbury. the booksmith folks really know how to run an author event -- when i lived in san francisco, i used to go down all the time to hear incredible writers speak (william gibson was unforgettable). they also produce little baseball-card-style trading cards for each author -- i have two from my own appearances there.]] [[booksmith http://thebooksmith.booksense.com haight st. san francisco ca usa + ]] at first mom looked shocked, then outraged, and finally she gave up altogether and just let her jaw hang open as i took her through the interrogation, pissing myself, the bag over my head, darryl. i showed her the note. "why --?" in that single syllable, every recrimination i'd dealt myself in the night, every moment that i'd lacked the bravery to tell the world what it was really about, why i was really fighting, what had really inspired the xnet. i sucked in a breath. "they told me i'd go to jail if i talked about it. not just for a few days. forever. i was -- i was scared." mom sat with me for a long time, not saying anything. then, "what about darryl's father?" she might as well have stuck a knitting needle in my chest. darryl's father. he must have assumed that darryl was dead, long dead. and wasn't he? after the dhs has held you illegally for three months, would they ever let you go? but zeb got out. maybe darryl would get out. maybe me and the xnet could help get darryl out. "i haven't told him," i said. now mom was crying. she didn't cry easily. it was a british thing. it made her little hiccoughing sobs much worse to hear. "you will tell him," she managed. "you will." "i will." "but first we have to tell your father." # dad no longer had any regular time when he came home. between his consulting clients -- who had lots of work now that the dhs was shopping for data-mining startups on the peninsula -- and the long commute to berkeley, he might get home any time between pm and midnight. tonight mom called him and told him he was coming home *right now*. he said something and she just repeated it: *right now*. when he got there, we had arranged ourselves in the living room with the note between us on the coffee table. it was easier to tell, the second time. the secret was getting lighter. i didn't embellish, i didn't hide anything. i came clean. i'd heard of coming clean before but i'd never understood what it meant until i did it. holding in the secret had dirtied me, soiled my spirit. it had made me afraid and ashamed. it had made me into all the things that ange said i was. dad sat stiff as a ramrod the whole time, his face carved of stone. when i handed him the note, he read it twice and then set it down carefully. he shook his head and stood up and headed for the front door. "where are you going?" mom asked, alarmed. "i need a walk," was all he managed to gasp, his voice breaking. we stared awkwardly at each other, mom and me, and waited for him to come home. i tried to imagine what was going on in his head. he'd been such a different man after the bombings and i knew from mom that what had changed him were the days of thinking i was dead. he'd come to believe that the terrorists had nearly killed his son and it had made him crazy. crazy enough to do whatever the dhs asked, to line up like a good little sheep and let them control him, drive him. now he knew that it was the dhs that had imprisoned me, the dhs that had taken san francisco's children hostage in gitmo-by-the-bay. it made perfect sense, now that i thought of it. of course it had been treasure island where i'd been kept. where else was a ten-minute boat-ride from san francisco? when dad came back, he looked angrier than he ever had in his life. "you should have told me!" he roared. mom interposed herself between him and me. "you're blaming the wrong person," she said. "it wasn't marcus who did the kidnapping and the intimidation." he shook his head and stamped. "i'm not blaming marcus. i know *exactly* who's to blame. me. me and the stupid dhs. get your shoes on, grab your coats." "where are we going?" "to see darryl's father. then we're going to barbara stratford's place." # i knew the name barbara stratford from somewhere, but i couldn't remember where. i thought that maybe she was an old friend of my parents, but i couldn't exactly place her. meantime, i was headed for darryl's father's place. i'd never really felt comfortable around the old man, who'd been a navy radio operator and ran his household like a tight ship. he'd taught darryl morse code when he was a kid, which i'd always thought was cool. it was one of the ways i knew that i could trust zeb's letter. but for every cool thing like morse code, darryl's father had some crazy military discipline that seemed to be for its own sake, like insisting on hospital corners on the beds and shaving twice a day. it drove darryl up the wall. darryl's mother hadn't liked it much either, and had taken off back to her family in minnesota when darryl was ten -- darryl spent his summers and christmases there. i was sitting in the back of the car, and i could see the back of dad's head as he drove. the muscles in his neck were tense and kept jumping around as he ground his jaws. mom kept her hand on his arm, but no one was around to comfort me. if only i could call ange. or jolu. or van. maybe i would when the day was done. "he must have buried his son in his mind," dad said, as we whipped up through the hairpin curves leading up twin peaks to the little cottage that darryl and his father shared. the fog was on twin peaks, the way it often was at night in san francisco, making the headlamps reflect back on us. each time we swung around a corner, i saw the valleys of the city laid out below us, bowls of twinkling lights that shifted in the mist. "is this the one?" "yes," i said. "this is it." i hadn't been to darryl's in months, but i'd spent enough time here over the years to recognize it right off. the three of us stood around the car for a long moment, waiting to see who would go and ring the doorbell. to my surprise, it was me. i rang it and we all waited in held-breath silence for a minute. i rang it again. darryl's father's car was in the driveway, and we'd seen a light burning in the living room. i was about to ring a third time when the door opened. "marcus?" darryl's father wasn't anything like i remembered him. unshaven, in a housecoat and bare feet, with long toenails and red eyes. he'd gained weight, and a soft extra chin wobbled beneath the firm military jaw. his thin hair was wispy and disordered. "mr glover," i said. my parents crowded into the door behind me. "hello, ron," my mother said. "ron," my father said. "you too? what's going on?" "can we come in?" # his living room looked like one of those news-segments they show about abandoned kids who spend a month locked in before they're rescued by the neighbors: frozen meal boxes, empty beer cans and juice bottles, moldy cereal bowls and piles of newspapers. there was a reek of cat piss and litter crunched underneath our feet. even without the cat piss, the smell was incredible, like a bus-station toilet. the couch was made up with a grimy sheet and a couple of greasy pillows and the cushions had a dented, much-slept-upon look. we all stood there for a long silent moment, embarrassment overwhelming every other emotion. darryl's father looked like he wanted to die. slowly, he moved aside the sheets from the sofa and cleared the stacked, greasy food-trays off of a couple of the chairs, carrying them into the kitchen, and, from the sound of it, tossing them on the floor. we sat gingerly in the places he'd cleared, and then he came back and sat down too. "i'm sorry," he said vaguely. "i don't really have any coffee to offer you. i'm having more groceries delivered tomorrow so i'm running low --" "ron," my father said. "listen to us. we have something to tell you, and it's not going to be easy to hear." he sat like a statue as i talked. he glanced down at the note, read it without seeming to understand it, then read it again. he handed it back to me. he was trembling. "he's --" "darryl is alive," i said. "darryl is alive and being held prisoner on treasure island." he stuffed his fist in his mouth and made a horrible groaning sound. "we have a friend," my father said. "she writes for the *bay guardian*. an investigative reporter." that's where i knew the name from. the free weekly *guardian* often lost its reporters to bigger daily papers and the internet, but barbara stratford had been there forever. i had a dim memory of having dinner with her when i was a kid. "we're going there now," my mother said. "will you come with us, ron? will you tell her darryl's story?" he put his face in his hands and breathed deeply. dad tried to put his hand on his shoulders, but mr glover shook it off violently. "i need to clean myself up," he said. "give me a minute." mr glover came back downstairs a changed man. he'd shaved and gelled his hair back, and had put on a crisp military dress uniform with a row of campaign ribbons on the breast. he stopped at the foot of the stairs and kind of gestured at it. "i don't have much clean stuff that's presentable at the moment. and this seemed appropriate. you know, if she wanted to take pictures." he and dad rode up front and i got in the back, behind him. up close, he smelled a little of beer, like it was coming through his pores. # it was midnight by the time we rolled into barbara stratford's driveway. she lived out of town, down in mountain view, and as we sped down the , none of us said a word. the high-tech buildings alongside the highway streamed past us. this was a different bay area to the one i lived in, more like the suburban america i sometimes saw on tv. lots of freeways and subdivisions of identical houses, towns where there weren't any homeless people pushing shopping carts down the sidewalk -- there weren't even sidewalks! mom had phoned barbara stratford while we were waiting for mr glover to come downstairs. the journalist had been sleeping, but mom had been so wound up she forgot to be all british and embarrassed about waking her up. instead, she just told her, tensely, that she had something to talk about and that it had to be in person. when we rolled up to barbara stratford's house, my first thought was of the brady bunch place -- a low ranch house with a brick baffle in front of it and a neat, perfectly square lawn. there was a kind of abstract tile pattern on the baffle, and an old-fashioned uhf tv antenna rising from behind it. we wandered around to the entrance and saw that there were lights on inside already. the writer opened the door before we had a chance to ring the bell. she was about my parents' age, a tall thin woman with a hawk-like nose and shrewd eyes with a lot of laugh-lines. she was wearing a pair of jeans that were hip enough to be seen at one of the boutiques on valencia street, and a loose indian cotton blouse that hung down to her thighs. she had small round glasses that flashed in her hallway light. she smiled a tight little smile at us. "you brought the whole clan, i see," she said. mom nodded. "you'll understand why in a minute," she said. mr glover stepped from behind dad. "and you called in the navy?" "all in good time." we were introduced one at a time to her. she had a firm handshake and long fingers. her place was furnished in japanese minimalist style, just a few precisely proportioned, low pieces of furniture, large clay pots of bamboo that brushed the ceiling, and what looked like a large, rusted piece of a diesel engine perched on top of a polished marble plinth. i decided i liked it. the floors were old wood, sanded and stained, but not filled, so you could see cracks and pits underneath the varnish. i *really* liked that, especially as i walked over it in my stocking feet. "i have coffee on," she said. "who wants some?" we all put up our hands. i glared defiantly at my parents. "right," she said. she disappeared into another room and came back a moment later bearing a rough bamboo tray with a half-gallon thermos jug and six cups of precise design but with rough, sloppy decorations. i liked those too. "now," she said, once she'd poured and served. "it's very good to see you all again. marcus, i think the last time i saw you, you were maybe seven years old. as i recall, you were very excited about your new video games, which you showed me." i didn't remember it at all, but that sounded like what i'd been into at seven. i guessed it was my sega dreamcast. she produced a tape-recorder and a yellow pad and a pen, and twirled the pen. "i'm here to listen to whatever you tell me, and i can promise you that i'll take it all in confidence. but i can't promise that i'll do anything with it, or that it's going to get published." the way she said it made me realize that my mom had called in a pretty big favor getting this lady out of bed, friend or no friend. it must be kind of a pain in the ass to be a big-shot investigative reporter. there were probably a million people who would have liked her to take up their cause. mom nodded at me. even though i'd told the story three times that night, i found myself tongue-tied. this was different from telling my parents. different from telling darryl's father. this -- this would start a new move in the game. i started slowly, and watched barbara take notes. i drank a whole cup of coffee just explaining what arging was and how i got out of school to play. mom and dad and mr glover all listened intently to this part. i poured myself another cup and drank it on the way to explaining how we were taken in. by the time i'd run through the whole story, i'd drained the pot and i needed a piss like a race-horse. her bathroom was just as stark as the living-room, with a brown, organic soap that smelled like clean mud. i came back in and found the adults quietly watching me. mr glover told his story next. he didn't have anything to say about what had happened, but he explained that he was a veteran and that his son was a good kid. he talked about what it felt like to believe that his son had died, about how his ex-wife had had a collapse when she found out and ended up in a hospital. he cried a little, unashamed, the tears streaming down his lined face and darkening the collar of his dress-uniform. when it was all done, barbara went into a different room and came back with a bottle of irish whiskey. "it's a bushmills year old rum-cask aged blend," she said, setting down four small cups. none for me. "it hasn't been sold in ten years. i think this is probably an appropriate time to break it out." she poured them each a small glass of the liquor, then raised hers and sipped at it, draining half the glass. the rest of the adults followed suit. they drank again, and finished the glasses. she poured them new shots. "all right," she said. "here's what i can tell you right now. i believe you. not just because i know you, lillian. the story sounds right, and it ties in with other rumors i've heard. but i'm not going to be able to just take your word for it. i'm going to have to investigate every aspect of this, and every element of your lives and stories. i need to know if there's anything you're not telling me, anything that could be used to discredit you after this comes to light. i need everything. it could take weeks before i'm ready to publish. "you also need to think about your safety and this darryl's safety. if he's really an 'un-person' then bringing pressure to bear on the dhs could cause them to move him somewhere much further away. think syria. they could also do something much worse." she let that hang in the air. i knew she meant that they might kill him. "i'm going to take this letter and scan it now. i want pictures of the two of you, now and later -- we can send out a photographer, but i want to document this as thoroughly as i can tonight, too." i went with her into her office to do the scan. i'd expected a stylish, low-powered computer that fit in with her decor, but instead, her spare-bedroom/office was crammed with top-of-the-line pcs, big flat-panel monitors, and a scanner big enough to lay a whole sheet of newsprint on. she was fast with it all, too. i noted with some approval that she was running paranoidlinux. this lady took her job seriously. the computers' fans set up an effective white-noise shield, but even so, i closed the door and moved in close to her. "um, barbara?" "yes?" "about what you said, about what might be used to discredit me?" "yes?" "what i tell you, you can't be forced to tell anyone else, right?" "in theory. let me put it this way. i've gone to jail twice rather than rat out a source." "ok, ok. good. wow. jail. wow. ok." i took a deep breath. "you've heard of xnet? of m k y?" "yes?" "i'm m k y." "oh," she said. she worked the scanner and flipped the note over to get the reverse. she was scanning at some unbelievable resolution, , dots per inch or higher, and on-screen it was like the output of an electron-tunneling microscope. "well, that does put a different complexion on this." "yeah," i said. "i guess it does." "your parents don't know." "nope. and i don't know if i want them to." "that's something you're going to have to work out. i need to think about this. can you come by my office? i'd like to talk to you about what this means, exactly." "do you have an xbox universal? i could bring over an installer." "yes, i'm sure that can be arranged. when you come by, tell the receptionist that you're mr brown, to see me. they know what that means. no note will be taken of you coming, and all the security camera footage for the day will be automatically scrubbed and the cameras deactivated until you leave." "wow," i said. "you think like i do." she smiled and socked me in the shoulder. "kiddo, i've been at this game for a hell of a long time. so far, i've managed to spend more time free than behind bars. paranoia is my friend." # i was like a zombie the next day in school. i'd totaled about three hours of sleep, and even three cups of the turk's caffeine mud failed to jump-start my brain. the problem with caffeine is that it's too easy to get acclimated to it, so you have to take higher and higher doses just to get above normal. i'd spent the night thinking over what i had to do. it was like running though a maze of twisty little passages, all alike, every one leading to the same dead end. when i went to barbara, it would be over for me. that was the outcome, no matter how i thought about it. by the time the school day was over, all i wanted was to go home and crawl into bed. but i had an appointment at the *bay guardian*, down on the waterfront. i kept my eyes on my feet as i wobbled out the gate, and as i turned into th street, another pair of feet fell into step with me. i recognized the shoes and stopped. "ange?" she looked like i felt. sleep-deprived and raccoon-eyed, with sad brackets in the corners of her mouth. "hi there," she said. "surprise. i gave myself french leave from school. i couldn't concentrate anyway." "um," i said. "shut up and give me a hug, you idiot." i did. it felt good. better than good. it felt like i'd amputated part of myself and it had been reattached. "i love you, marcus yallow." "i love you, angela carvelli." "ok," she said breaking it off. "i liked your post about why you're not jamming. i can respect it. what have you done about finding a way to jam them without getting caught?" "i'm on my way to meet an investigative journalist who's going to publish a story about how i got sent to jail, how i started xnet, and how darryl is being illegally held by the dhs at a secret prison on treasure island." "oh." she looked around for a moment. "couldn't you think of anything, you know, ambitious?" "want to come?" "i am coming, yes. and i would like you to explain this in detail if you don't mind." after all the re-tellings, this one, told as we walked to potrero avenue and down to th street, was the easiest. she held my hand and squeezed it often. we took the stairs up to the *bay guardian*'s offices two at a time. my heart was pounding. i got to the reception desk and told the bored girl behind it, "i'm here to see barbara stratford. my name is mr green." "i think you mean mr brown?" "yeah," i said, and blushed. "mr brown." she did something at her computer, then said, "have a seat. barbara will be out in a minute. can i get you anything?" "coffee," we both said in unison. another reason to love ange: we were addicted to the same drug. the receptionist -- a pretty latina woman only a few years older than us, dressed in gap styles so old they were actually kind of hipster-retro -- nodded and stepped out and came back with a couple of cups bearing the newspaper's masthead. we sipped in silence, watching visitors and reporters come and go. finally, barbara came to get us. she was wearing practically the same thing as the night before. it suited her. she quirked an eyebrow at me when she saw that i'd brought a date. "hello," i said. "um, this is --" "ms brown," ange said, extending a hand. oh, yeah, right, our identities were supposed to be a secret. "i work with mr green." she elbowed me lightly. "let's go then," barbara said, and led us back to a board-room with long glass walls with their blinds drawn shut. she set down a tray of whole foods organic oreo clones, a digital recorder, and another yellow pad. "do you want to record this too?" she asked. hadn't actually thought of that. i could see why it would be useful if i wanted to dispute what barbara printed, though. still, if i couldn't trust her to do right by me, i was doomed anyway. "no, that's ok," i said. "right, let's go. young lady, my name is barbara stratford and i'm an investigative reporter. i gather you know why i'm here, and i'm curious to know why you're here." "i work with marcus on the xnet," she said. "do you need to know my name?" "not right now, i don't," barbara said. "you can be anonymous if you'd like. marcus, i asked you to tell me this story because i need to know how it plays with the story you told me about your friend darryl and the note you showed me. i can see how it would be a good adjunct; i could pitch this as the origin of the xnet. 'they made an enemy they'll never forget,' that sort of thing. but to be honest, i'd rather not have to tell that story if i don't have to. "i'd rather have a nice clean tale about the secret prison on our doorstep, without having to argue about whether the prisoners there are the sort of people likely to walk out the doors and establish an underground movement bent on destabilizing the federal government. i'm sure you can understand that." i did. if the xnet was part of the story, some people would say, see, they need to put guys like that in jail or they'll start a riot. "this is your show," i said. "i think you need to tell the world about darryl. when you do that, it's going to tell the dhs that i've gone public and they're going to go after me. maybe they'll figure out then that i'm involved with the xnet. maybe they'll connect me to m k y. i guess what i'm saying is, once you publish about darryl, it's all over for me no matter what. i've made my peace with that." "as good be hanged for a sheep as a lamb," she said. "right. well, that's settled. i want the two of you to tell me everything you can about the founding and operation of the xnet, and then i want a demonstration. what do you use it for? who else uses it? how did it spread? who wrote the software? everything." "this'll take a while," ange said. "i've got a while," barbara said. she drank some coffee and ate a fake oreo. "this could be the most important story of the war on terror. this could be the story that topples the government. when you have a story like this, you take it very carefully." &&& chapter [[this chapter is dedicated to waterstone's, the national uk bookselling chain. waterstone's is a chain of stores, but each one has the feel of a great independent store, with tons of personality, great stock (especially audiobooks!), and knowledgeable staff.]] [[waterstones http://www.waterstones.com]] so we told her. i found it really fun, actually. teaching people how to use technology is always exciting. it's so cool to watch people figure out how the technology around them can be used to make their lives better. ange was great too -- we made an excellent team. we'd trade off explaining how it all worked. barbara was pretty good at this stuff to begin with, of course. it turned out that she'd covered the crypto wars, the period in the early nineties when civil liberties groups like the electronic frontier foundation fought for the right of americans to use strong crypto. i dimly knew about that period, but barbara explained it in a way that made me get goose-pimples. it's unbelievable today, but there was a time when the government classed crypto as a munition and made it illegal for anyone to export or use it on national security grounds. get that? we used to have illegal *math* in this country. the national security agency were the real movers behind the ban. they had a crypto standard that they said was strong enough for bankers and their customers to use, but not so strong that the mafia would be able to keep its books secret from them. the standard, des- , was said to be practically unbreakable. then one of eff's millionaire co-founders built a $ , des- cracker that could break the cipher in two hours. still the nsa argued that it should be able to keep american citizens from possessing secrets it couldn't pry into. then eff dealt its death-blow. in , they represented a berkeley mathematics grad student called dan bernstein in court. bernstein had written a crypto tutorial that contained computer code that could be used to make a cipher stronger than des- . millions of times stronger. as far as the nsa was concerned, that made his article into a weapon, and therefore unpublishable. well, it may be hard to get a judge to understand crypto and what it means, but it turned out that the average appeals court judge isn't real enthusiastic about telling grad students what kind of articles they're allowed to write. the crypto wars ended with a victory for the good guys when the th circuit appellate division court ruled that code was a form of expression protected under the first amendment -- "congress shall make no law abridging the freedom of speech." if you've ever bought something on the internet, or sent a secret message, or checked your bank-balance, you used crypto that eff legalized. good thing, too: the nsa just isn't that smart. anything they know how to crack, you can be sure that terrorists and mobsters can get around too. barbara had been one of the reporters who'd made her reputation from covering the issue. she'd cut her teeth covering the tail end of the civil rights movement in san francisco, and she recognized the similarity between the fight for the constitution in the real world and the fight in cyberspace. so she got it. i don't think i could have explained this stuff to my parents, but with barbara it was easy. she asked smart questions about our cryptographic protocols and security procedures, sometimes asking stuff i didn't know the answer to -- sometimes pointing out potential breaks in our procedure. we plugged in the xbox and got it online. there were four open wifi nodes visible from the board room and i told it to change between them at random intervals. she got this too -- once you were actually plugged into the xnet, it was just like being on the internet, only some stuff was a little slower, and it was all anonymous and unsniffable. "so now what?" i said as we wound down. i'd talked myself dry and i had a terrible acid feeling from the coffee. besides, ange kept squeezing my hand under the table in a way that made me want to break away and find somewhere private to finish making up for our first fight. "now i do journalism. you go away and i research all the things you've told me and try to confirm them to the extent that i can. i'll let you see what i'm going to publish and i'll let you know when it's going to go live. i'd prefer that you *not* talk about this with anyone else now, because i want the scoop and because i want to make sure that i get the story before it goes all muddy from press speculation and dhs spin. "i *will* have to call the dhs for comment before i go to press, but i'll do that in a way that protects you to whatever extent possible. i'll also be sure to let you know before that happens. "one thing i need to be clear on: this isn't your story anymore. it's mine. you were very generous to give it to me and i'll try to repay the gift, but you don't get the right to edit anything out, to change it, or to stop me. this is now in motion and it won't stop. do you understand that?" i hadn't thought about it in those terms but once she said it, it was obvious. it meant that i had launched and i wouldn't be able to recall the rocket. it was going to fall where it was aimed, or it would go off course, but it was in the air and couldn't be changed now. sometime in the near future, i would stop being marcus -- i would be a public figure. i'd be the guy who blew the whistle on the dhs. i'd be a dead man walking. i guess ange was thinking along the same lines, because she'd gone a color between white and green. "let's get out of here," she said. # ange's mom and sister were out again, which made it easy to decide where we were going for the evening. it was past supper time, but my parents had known that i was meeting with barbara and wouldn't give me any grief if i came home late. when we got to ange's, i had no urge to plug in my xbox. i had had all the xnet i could handle for one day. all i could think about was ange, ange, ange. living without ange. knowing ange was angry with me. ange never going to talk to me again. ange never going to kiss me again. she'd been thinking the same. i could see it in her eyes as we shut the door to her bedroom and looked at each other. i was hungry for her, like you'd hunger for dinner after not eating for days. like you'd thirst for a glass of water after playing soccer for three hours straight. like none of that. it was more. it was something i'd never felt before. i wanted to eat her whole, devour her. up until now, she'd been the sexual one in our relationship. i'd let her set and control the pace. it was amazingly erotic to have *her* grab *me* and take off my shirt, drag my face to hers. but tonight i couldn't hold back. i wouldn't hold back. the door clicked shut and i reached for the hem of her t-shirt and yanked, barely giving her time to lift her arms as i pulled it over her head. i tore my own shirt over my head, listening to the cotton crackle as the stitches came loose. her eyes were shining, her mouth open, her breathing fast and shallow. mine was too, my breath and my heart and my blood all roaring in my ears. i took off the rest of our clothes with equal zest, throwing them into the piles of dirty and clean laundry on the floor. there were books and papers all over the bed and i swept them aside. we landed on the unmade bedclothes a second later, arms around one another, squeezing like we would pull ourselves right through one another. she moaned into my mouth and i made the sound back, and i felt her voice buzz in my vocal chords, a feeling more intimate than anything i'd ever felt before. she broke away and reached for the bedstand. she yanked open the drawer and threw a white pharmacy bag on the bed before me. i looked inside. condoms. trojans. one dozen spermicidal. still sealed. i smiled at her and she smiled back and i opened the box. # i'd thought about what it would be like for years. a hundred times a day i'd imagined it. some days, i'd thought of practically nothing else. it was nothing like i expected. parts of it were better. parts of it were lots worse. while it was going on, it felt like an eternity. afterwards, it seemed to be over in the blink of an eye. afterwards, i felt the same. but i also felt different. something had changed between us. it was weird. we were both shy as we put our clothes on and puttered around the room, looking away, not meeting each other's eyes. i wrapped the condom in a kleenex from a box beside the bed and took it into the bathroom and wound it with toilet paper and stuck it deep into the trash-can. when i came back in, ange was sitting up in bed and playing with her xbox. i sat down carefully beside her and took her hand. she turned to face me and smiled. we were both worn out, trembly. "thanks," i said. she didn't say anything. she turned her face to me. she was grinning hugely, but fat tears were rolling down her cheeks. i hugged her and she grabbed tightly onto me. "you're a good man, marcus yallow," she whispered. "thank you." i didn't know what to say, but i squeezed her back. finally, we parted. she wasn't crying any more, but she was still smiling. she pointed at my xbox, on the floor beside the bed. i took the hint. i picked it up and plugged it in and logged in. same old same old. lots of email. the new posts on the blogs i read streamed in. spam. god did i get a lot of spam. my swedish mailbox was repeatedly "joe-jobbed" -- used as the return address for spams sent to hundreds of millions of internet accounts, so that all the bounces and angry messages came back to me. i didn't know who was behind it. maybe the dhs trying to overwhelm my mailbox. maybe it was just people pranking. the pirate party had pretty good filters, though, and they gave anyone who wanted it gigabytes of email storage, so i wasn't likely to be drowned any time soon. i filtered it all out, hammering on the delete key. i had a separate mailbox for stuff that came in encrypted to my public key, since that was likely to be xnet-related and possibly sensitive. spammers hadn't figured out that using public keys would make their junk mail more plausible yet, so for now this worked well. there were a couple dozen encrypted messages from people in the web of trust. i skimmed them -- links to videos and pics of new abuses from the dhs, horror stories about near-escapes, rants about stuff i'd blogged. the usual. then i came to one that was only encrypted to my public key. that meant that no one else could read it, but i had no idea who had written it. it said it came from masha, which could either be a handle or a name -- i couldn't tell which. > m k y > you don't know me, but i know you. > i was arrested the day that the bridge blew. they questioned me. they decided i was innocent. they offered me a job: help them hunt down the terrorists who'd killed my neighbors. > it sounded like a good deal at the time. little did i realize that my actual job would turn out to be spying on kids who resented their city being turned into a police state. > i infiltrated xnet on the day it launched. i am in your web of trust. if i wanted to spill my identity, i could send you email from an address you'd trust. three addresses, actually. i'm totally inside your network as only another -year-old can be. some of the email you've gotten has been carefully chosen misinformation from me and my handlers. > they don't know who you are, but they're coming close. they continue to turn people, to compromise them. they mine the social network sites and use threats to turn kids into informants. there are hundreds of people working for the dhs on xnet right now. i have their names, handles and keys. private and public. > within days of the xnet launch, we went to work on exploiting paranoidlinux. the exploits so far have been small and insubstantial, but a break is inevitable. once we have a zero-day break, you're dead. > i think it's safe to say that if my handlers knew that i was typing this, my ass would be stuck in gitmo-by-the-bay until i was an old woman. > even if they don't break paranoidlinux, there are poisoned paranoidxbox distros floating around. they don't match the checksums, but how many people look at the checksums? besides me and you? plenty of kids are already dead, though they don't know it. > all that remains is for my handlers to figure out the best time to bust you to make the biggest impact in the media. that time will be sooner, not later. believe. > you're probably wondering why i'm telling you this. > i am too. > here's where i come from. i signed up to fight terrorists. instead, i'm spying on americans who believe things that the dhs doesn't like. not people who plan on blowing up bridges, but protestors. i can't do it anymore. > but neither can you, whether or not you know it. like i say, it's only a matter of time until you're in chains on treasure island. that's not if, that's when. > so i'm through here. down in los angeles, there are some people. they say they can keep me safe if i want to get out. > i want to get out. > i will take you with me, if you want to come. better to be a fighter than a martyr. if you come with me, we can figure out how to win together. i'm as smart as you. believe. > what do you say? > here's my public key. > masha # when in trouble or in doubt, run in circles, scream and shout. ever hear that rhyme? it's not good advice, but at least it's easy to follow. i leapt off the bed and paced back and forth. my heart thudded and my blood sang in a cruel parody of the way i'd felt when we got home. this wasn't sexual excitement, it was raw terror. "what?" ange said. "what?" i pointed at the screen on my side of the bed. she rolled over and grabbed my keyboard and scribed on the touchpad with her fingertip. she read in silence. i paced. "this has to be lies," she said. "the dhs is playing games with your head." i looked at her. she was biting her lip. she didn't look like she believed it. "you think?" "sure. they can't beat you, so they're coming after you using xnet." "yeah." i sat back down on the bed. i was breathing fast again. "chill out," she said. "it's just head-games. here." she never took my keyboard from me before, but now there was a new intimacy between us. she hit reply and typed, > nice try. she was writing as m k y now, too. we were together in a way that was different from before. "go ahead and sign it. we'll see what she says." i didn't know if that was the best idea, but i didn't have any better ones. i signed it and encrypted it with my private key and the public key masha had provided. the reply was instant. > i thought you'd say something like that. > here's a hack you haven't thought of. i can anonymously tunnel video over dns. here are some links to clips you might want to look at before you decide i'm full of it. these people are all recording each other, all the time, as insurance against a back-stab. it's pretty easy to snoop off them as they snoop on each other. > masha attached was source-code for a little program that appeared to do exactly what masha claimed: pull video over the domain name service protocol. let me back up a moment here and explain something. at the end of the day, every internet protocol is just a sequence of text sent back and forth in a prescribed order. it's kind of like getting a truck and putting a car in it, then putting a motorcycle in the car's trunk, then attaching a bicycle to the back of the motorcycle, then hanging a pair of rollerblades on the back of the bike. except that then, if you want, you can attach the truck to the rollerblades. for example, take simple mail transport protocol, or smtp, which is used for sending email. here's a sample conversation between me and my mail server, sending a message to myself: > helo littlebrother.com.se mail.pirateparty.org.se hello mail.pirateparty.org.se, pleased to meet you > mail from:m k y@littlebrother.com.se . . m k y@littlebrother.com.se... sender ok > rcpt to:m k y@littlebrother.com.se . . m k y@littlebrother.com.se... recipient ok > data enter mail, end with "." on a line by itself > when in trouble or in doubt, run in circles, scream and shout > . . . k smw xq message accepted for delivery quit . . mail.pirateparty.org.se closing connection connection closed by foreign host. this conversation's grammar was defined in by jon postel, one of the internet's heroic forefathers, who used to literally run the most important servers on the net under his desk at the university of southern california, back in the paleolithic era. now, imagine that you hooked up a mail-server to an im session. you could send an im to the server that said "helo littlebrother.com.se" and it would reply with " mail.pirateparty.org.se hello mail.pirateparty.org.se, pleased to meet you." in other words, you could have the same conversation over im as you do over smtp. with the right tweaks, the whole mail-server business could take place inside of a chat. or a web-session. or anything else. this is called "tunneling." you put the smtp inside a chat "tunnel." you could then put the chat back into an smtp tunnel if you wanted to be really weird, tunneling the tunnel in another tunnel. in fact, every internet protocol is susceptible to this process. it's cool, because it means that if you're on a network with only web access, you can tunnel your mail over it. you can tunnel your favorite p p over it. you can even tunnel xnet -- which itself is a tunnel for dozens of protocols -- over it. domain name service is an interesting and ancient internet protocol, dating back to . it's the way that your computer converts a computer's name -- like pirateparty.org.se -- to the ip number that computers actually use to talk to each other over the net, like . . . . it generally works like magic, even though it's got millions of moving parts -- every isp runs a dns server, as do most governments and lots of private operators. these dns boxes all talk to each other all the time, making and filling requests to each other so no matter how obscure the name is you feed to your computer, it will be able to turn it into a number. before dns, there was the hosts file. believe it or not, this was a single document that listed the name and address of *every single computer* connected to the internet. every computer had a copy of it. this file was eventually too big to move around, so dns was invented, and ran on a server that used to live under jon postel's desk. if the cleaners knocked out the plug, the entire internet lost its ability to find itself. seriously. the thing about dns today is that it's everywhere. every network has a dns server living on it, and all of those servers are configured to talk to each other and to random people all over the internet. what masha had done was figure out a way to tunnel a video-streaming system over dns. she was breaking up the video into billions of pieces and hiding each of them in a normal message to a dns server. by running her code, i was able to pull the video from all those dns servers, all over the internet, at incredible speed. it must have looked bizarre on the network histograms, like i was looking up the address of every computer in the world. but it had two advantages i appreciated at once: i was able to get the video with blinding speed -- as soon as i clicked the first link, i started to receive full-screen pictures, without any jitter or stuttering -- and i had no idea where it was hosted. it was totally anonymous. at first i didn't even clock the content of the video. i was totally floored by the cleverness of this hack. streaming video from dns? that was so smart and weird, it was practically *perverted*. gradually, what i was seeing began to sink in. it was a board-room table in a small room with a mirror down one wall. i knew that room. i'd sat in that room, while severe-haircut woman had made me speak my password aloud. there were five comfortable chairs around the table, each with a comfortable person, all in dhs uniform. i recognized major general graeme sutherland, the dhs bay area commander, along with severe haircut. the others were new to me. they all watched a video screen at the end of the table, on which there was an infinitely more familiar face. kurt rooney was known nationally as the president's chief strategist, the man who returned the party for its third term, and who was steaming towards a fourth. they called him "ruthless" and i'd seen a news report once about how tight a rein he kept his staffers on, calling them, iming them, watching their every motion, controlling every step. he was old, with a lined face and pale gray eyes and a flat nose with broad, flared nostrils and thin lips, a man who looked like he was smelling something bad all the time. he was the man on the screen. he was talking, and everyone else was focused on his screen, everyone taking notes as fast as they could type, trying to look smart. "-- say that they're angry with authority, but we need to show the country that it's terrorists, not the government, that they need to blame. do you understand me? the nation does not love that city. as far as they're concerned, it is a sodom and gomorrah of fags and atheists who deserve to rot in hell. the only reason the country cares what they think in san francisco is that they had the good fortune to have been blown to hell by some islamic terrorists. "these xnet children are getting to the point where they might start to be useful to us. the more radical they get, the more the rest of the nation understands that there are threats everywhere." his audience finished typing. "we can control that, i think," severe haircut lady said. "our people in the xnet have built up a lot of influence. the manchurian bloggers are running as many as fifty blogs each, flooding the chat channels, linking to each other, mostly just taking the party line set by this m k y. but they've already shown that they can provoke radical action, even when m k y is putting the brakes on." major general sutherland nodded. "we have been planning to leave them underground until about a month before the midterms." i guessed that meant the mid-term elections, not my exams. "that's per the original plan. but it sounds like --" "we've got another plan for the midterms," rooney said. "need-to-know, of course, but you should all probably not plan on traveling for the month before. cut the xnet loose now, as soon as you can. so long as they're moderates, they're a liability. keep them radical." the video cut off. ange and i sat on the edge of the bed, looking at the screen. ange reached out and started the video again. we watched it. it was worse the second time. i tossed the keyboard aside and got up. "i am *so sick* of being scared," i said. "let's take this to barbara and have her publish it all. put it all on the net. let them take me away. at least i'll know what's going to happen then. at least then i'll have a little *certainty* in my life." ange grabbed me and hugged me, soothed me. "i know baby, i know. it's all terrible. but you're focusing on the bad stuff and ignoring the good stuff. you've created a movement. you've outflanked the jerks in the white house, the crooks in dhs uniforms. you've put yourself in a position where you could be responsible for blowing the lid off of the entire rotten dhs thing. "sure they're out to get you. course they are. have you ever doubted it for a moment? i always figured they were. but marcus, *they don't know who you are*. think about that. all those people, money, guns and spies, and you, a seventeen year old high school kid -- you're still beating them. they don't know about barbara. they don't know about zeb. you've jammed them in the streets of san francisco and humiliated them before the world. so stop moping, all right? you're winning." "they're coming for me, though. you see that. they're going to put me in jail forever. not even jail. i'll just disappear, like darryl. maybe worse. maybe syria. why leave me in san francisco? i'm a liability as long as i'm in the usa." she sat down on the bed with me. "yeah," she said. "that." "that." "well, you know what you have to do, right?" "what?" she looked pointedly at my keyboard. i could see the tears rolling down her cheeks. "no! you're out of your mind. you think i'm going to run off with some nut off the internet? some spy?" "you got a better idea?" i kicked a pile of her laundry into the air. "whatever. fine. i'll talk to her some more." "you talk to her," ange said. "you tell her you and your girlfriend are getting out." "what?" "shut up, dickhead. you think you're in danger? i'm in just as much danger, marcus. it's called guilt by association. when you go, i go." she had her jaw thrust out at a mutinous angle. "you and i -- we're together now. you have to understand that." we sat down on the bed together. "unless you don't want me," she said, finally, in a small voice. "you're kidding me, right?" "do i look like i'm kidding?" "there's no way i would voluntarily go without you, ange. i could never have asked you to come, but i'm ecstatic that you offered." she smiled and tossed me my keyboard. "email this masha creature. let's see what this chick can do for us." i emailed her, encrypting the message, waiting for a reply. ange nuzzled me a little and i kissed her and we necked. something about the danger and the pact to go together -- it made me forget the awkwardness of having sex, made me freaking horny as hell. we were half naked again when masha's email arrived. > two of you? jesus, like it won't be hard enough already. > i don't get to leave except to do field intelligence after a big xnet hit. you get me? the handlers watch my every move, but i go off the leash when something big happens with xnetters. i get sent into the field then. > you do something big. i get sent to it. i get us both out. all three of us, if you insist. > make it fast, though. i can't send you a lot of email, understand? they watch me. they're closing in on you. you don't have a lot of time. weeks? maybe just days. > i need you to get me out. that's why i'm doing this, in case you're wondering. i can't escape on my own. i need a big xnet distraction. that's your department. don't fail me, m k y, or we're both dead. your girlie too. > masha my phone rang, making us both jump. it was my mom wanting to know when i was coming home. i told her i was on my way. she didn't mention barbara. we'd agreed that we wouldn't talk about any of this stuff on the phone. that was my dad's idea. he could be as paranoid as me. "i have to go," i said. "our parents will be --" "i know," i said. "i saw what happened to my parents when they thought i was dead. knowing that i'm a fugitive isn't going to be much better. but they'd rather i be a fugitive than a prisoner. that's what i think. anyway, once we disappear, barbara can publish without worrying about getting us into trouble." we kissed at the door of her room. not one of the hot, sloppy numbers we usually did when parting ways. a sweet kiss this time. a slow kiss. a goodbye kind of kiss. # bart rides are introspective. when the train rocks back and forth and you try not to make eye contact with the other riders and you try not to read the ads for plastic surgery, bail bondsmen and aids testing, when you try to ignore the graffiti and not look too closely at the stuff in the carpeting. that's when your mind starts to really churn and churn. you rock back and forth and your mind goes over all the things you've overlooked, plays back all the movies of your life where you're no hero, where you're a chump or a sucker. your brain comes up with theories like this one: *if the dhs wanted to catch m k y, what better way than to lure him into the open, panic him into leading some kind of big, public xnet event? wouldn't that be worth the chance of a compromising video leaking?* your brain comes up with stuff like that even when the train ride only lasts two or three stops. when you get off, and you start moving, the blood gets running and sometimes your brain helps you out again. sometimes your brain gives you solutions in addition to problems. &&& chapter [[this chapter is dedicated to vancouver's multilingual sophia books, a diverse and exciting store filled with the best of the strange and exciting pop culture worlds of many lands. sophia was around the corner from my hotel when i went to van to give a talk at simon fraser university, and the sophia folks emailed me in advance to ask me to drop in and sign their stock while i was in the neighborhood. when i got there, i discovered a treasure-trove of never-before-seen works in a dizzying array of languages, from graphic novels to thick academic treatises, presided over by good-natured (even slapstick) staff who so palpably enjoyed their jobs that it spread to every customer who stepped through the door.]] [[sophia books http://www.sophiabooks.com/ west hastings st., vancouver, bc canada v b l + ]] there was a time when my favorite thing in the world was putting on a cape and hanging out in hotels, pretending to be an invisible vampire whom everyone stared at. it's complicated, and not nearly as weird as it sounds. the live action role playing scene combines the best aspects of d&d with drama club with going to sci-fi cons. i understand that this might not make it sound as appealing to you as it was to me when i was . the best games were the ones at the scout camps out of town: a hundred teenagers, boys and girls, fighting the friday night traffic, swapping stories, playing handheld games, showing off for hours. then debarking to stand in the grass before a group of older men and women in bad-ass, home-made armor, dented and scarred, like armor must have been in the old days, not like it's portrayed in the movies, but like a soldier's uniform after a month in the bush. these people were nominally paid to run the games, but you didn't get the job unless you were the kind of person who'd do it for free. they'd have already divided us into teams based on the questionnaires we'd filled in beforehand, and we'd get our team assignments then, like being called up for baseball sides. then you'd get your briefing packages. these were like the briefings the spies get in the movies: here's your identity, here's your mission, here's the secrets you know about the group. from there, it was time for dinner: roaring fires, meat popping on spits, tofu sizzling on skillets (it's northern california, a vegetarian option is not optional), and a style of eating and drinking that can only be described as quaffing. already, the keen kids would be getting into character. my first game, i was a wizard. i had a bag of beanbags that represented spells -- when i threw one, i would shout the name of the spell i was casting -- fireball, magic missile, cone of light -- and the player or "monster" i threw it at would keel over if i connected. or not -- sometimes we had to call in a ref to mediate, but for the most part, we were all pretty good about playing fair. no one liked a dice lawyer. by bedtime, we were all in character. at , i wasn't super-sure what a wizard was supposed to sound like, but i could take my cues from the movies and novels. i spoke in slow, measured tones, keeping my face composed in a suitably mystical expression, and thinking mystical thoughts. the mission was complicated, retrieving a sacred relic that had been stolen by an ogre who was bent on subjugating the people of the land to his will. it didn't really matter a whole lot. what mattered was that i had a private mission, to capture a certain kind of imp to serve as my familiar, and that i had a secret nemesis, another player on the team who had taken part in a raid that killed my family when i was a boy, a player who didn't know that i'd come back, bent on revenge. somewhere, of course, there was another player with a similar grudge against me, so that even as i was enjoying the camaraderie of the team, i'd always have to keep an eye open for a knife in the back, poison in the food. for the next two days, we played it out. there were parts of the weekend that were like hide-and-seek, some that were like wilderness survival exercises, some that were like solving crossword puzzles. the game-masters had done a great job. and you really got to be friends with the other people on the mission. darryl was the target of my first murder, and i put my back into it, even though he was my pal. nice guy. shame i'd have to kill him. i fireballed him as he was seeking out treasure after we wiped out a band of orcs, playing rock-papers-scissors with each orc to determine who would prevail in combat. this is a lot more exciting than it sounds. it was like summer camp for drama geeks. we talked until late at night in tents, looked at the stars, jumped in the river when we got hot, slapped away mosquitos. became best friends, or lifelong enemies. i don't know why charles's parents sent him larping. he wasn't the kind of kid who really enjoyed that kind of thing. he was more the pulling-wings-off-flies type. oh, maybe not. but he just was not into being in costume in the woods. he spent the whole time mooching around, sneering at everyone and everything, trying to convince us all that we weren't having the good time we all felt like we were having. you've no doubt found that kind of person before, the kind of person who is compelled to ensure that everyone else has a rotten time. the other thing about charles was that he couldn't get the hang of simulated combat. once you start running around the woods and playing these elaborate, semi-military games, it's easy to get totally adrenalized to the point where you're ready to tear out someone's throat. this is not a good state to be in when you're carrying a prop sword, club, pike or other utensil. this is why no one is ever allowed to hit anyone, under any circumstances, in these games. instead, when you get close enough to someone to fight, you play a quick couple rounds of rock-paper-scissors, with modifiers based on your experience, armaments, and condition. the referees mediate disputes. it's quite civilized, and a little weird. you go running after someone through the woods, catch up with him, bare your teeth, and sit down to play a little roshambo. but it works -- and it keeps everything safe and fun. charles couldn't really get the hang of this. i think he was perfectly capable of understanding that the rule was no contact, but he was simultaneously capable of deciding that the rule didn't matter, and that he wasn't going to abide by it. the refs called him on it a bunch of times over the weekend, and he kept on promising to stick by it, and kept on going back. he was one of the bigger kids there already, and he was fond of "accidentally" tackling you at the end of a chase. not fun when you get tackled into the rocky forest floor. i had just mightily smote darryl in a little clearing where he'd been treasure-hunting, and we were having a little laugh over my extreme sneakiness. he was going to go monstering -- killed players could switch to playing monsters, which meant that the longer the game wore on, the more monsters there were coming after you, meaning that everyone got to keep on playing and the game's battles just got more and more epic. that was when charles came out of the woods behind me and tackled me, throwing me to the ground so hard that i couldn't breathe for a moment. "gotcha!" he yelled. i only knew him slightly before this, and i'd never thought much of him, but now i was ready for murder. i climbed slowly to my feet and looked at him, his chest heaving, grinning. "you're so dead," he said. "i totally got you." i smiled and something felt wrong and sore in my face. i touched my upper lip. it was bloody. my nose was bleeding and my lip was split, cut on a root i'd face-planted into when he tackled me. i wiped the blood on my pants-leg and smiled. i made like i thought that it was all in fun. i laughed a little. i moved towards him. charles wasn't fooled. he was already backing away, trying to fade into the woods. darryl moved to flank him. i took the other flank. abruptly, he turned and ran. darryl's foot hooked his ankle and sent him sprawling. we rushed him, just in time to hear a ref's whistle. the ref hadn't seen charles foul me, but he'd seen charles's play that weekend. he sent charles back to the camp entrance and told him he was out of the game. charles complained mightily, but to our satisfaction, the ref wasn't having any of it. once charles had gone, he gave *us* both a lecture, too, telling us that our retaliation was no more justified than charles's attack. it was ok. that night, once the games had ended, we all got hot showers in the scout dorms. darryl and i stole charles's clothes and towel. we tied them in knots and dropped them in the urinal. a lot of the boys were happy to contribute to the effort of soaking them. charles had been very enthusiastic about his tackles. i wish i could have watched him when he got out of his shower and discovered his clothes. it's a hard decision: do you run naked across the camp, or pick apart the tight, piss-soaked knots in your clothes and then put them on? he chose nudity. i probably would have chosen the same. we lined up along the route from the showers to the shed where the packs were stored and applauded him. i was at the front of the line, leading the applause. # the scout camp weekends only came three or four times a year, which left darryl and me -- and lots of other larpers -- with a serious larp deficiency in our lives. luckily, there were the wretched daylight games in the city hotels. wretched daylight is another larp, rival vampire clans and vampire hunters, and it's got its own quirky rules. players get cards to help them resolve combat skirmishes, so each skirmish involves playing a little hand of a strategic card game. vampires can become invisible by cloaking themselves, crossing their arms over their chests, and all the other players have to pretend they don't see them, continuing on with their conversations about their plans and so on. the true test of a good player is whether you're honest enough to go on spilling your secrets in front of an "invisible" rival without acting as though he was in the room. there were a couple of big wretched daylight games every month. the organizers of the games had a good relationship with the city's hotels and they let it be known that they'd take ten unbooked rooms on friday night and fill them with players who'd run around the hotel, playing low-key wretched daylight in the corridors, around the pool, and so on, eating at the hotel restaurant and paying for the hotel wifi. they'd close the booking on friday afternoon, email us, and we'd go straight from school to whichever hotel it was, bringing our knapsacks, sleeping six or eight to a room for the weekend, living on junk-food, playing until three am. it was good, safe fun that our parents could get behind. the organizers were a well-known literacy charity that ran kids' writing workshops, drama workshops and so on. they had been running the games for ten years without incident. everything was strictly booze- and drug-free, to keep the organizers from getting busted on some kind of corruption of minors rap. we'd draw between ten and a hundred players, depending on the weekend, and for the cost of a couple movies, you could have two and a half days' worth of solid fun. one day, though, they lucked into a block of rooms at the monaco, a hotel in the tenderloin that catered to arty older tourists, the kind of place where every room came with a goldfish bowl, where the lobby was full of beautiful old people in fine clothes, showing off their plastic surgery results. normally, the mundanes -- our word for non-players -- just ignored us, figuring that we were skylarking kids. but that weekend there happened to be an editor for an italian travel magazine staying, and he took an interest in things. he cornered me as i skulked in the lobby, hoping to spot the clan-master of my rivals and swoop in on him and draw his blood. i was standing against the wall with my arms folded over my chest, being invisible, when he came up to me and asked me, in accented english, what me and my friends were doing in the hotel that weekend? i tried to brush him off, but he wouldn't be put off. so i figured i'd just make something up and he'd go away. i didn't imagine that he'd print it. i really didn't imagine that it would get picked up by the american press. "we're here because our prince has died, and so we've had to come in search of a new ruler." "a prince?" "yes," i said, getting into it. "we're the old people. we came to america in the th century and have had our own royal family in the wilds of pennsylvania ever since. we live simply in the woods. we don't use modern technology. but the prince was the last of the line and he died last week. some terrible wasting disease took him. the young men of my clan have left to find the descendants of his great-uncle, who went away to join the modern people in the time of my grandfather. he is said to have multiplied, and we will find the last of his bloodline and bring them back to their rightful home." i read a lot of fantasy novels. this kind of thing came easily to me. "we found a woman who knew of these descendants. she told us one was staying in this hotel, and we've come to find him. but we've been tracked here by a rival clan who would keep us from bringing home our prince, to keep us weak and easy to dominate. thus it is vital we keep to ourselves. we do not talk to the new people when we can help it. talking to you now causes me great discomfort." he was watching me shrewdly. i had uncrossed my arms, which meant that i was now "visible" to rival vampires, one of whom had been slowly sneaking up on us. at the last moment, i turned and saw her, arms spread, hissing at us, vamping it up in high style. i threw my arms wide and hissed back at her, then pelted through the lobby, hopping over a leather sofa and deking around a potted plant, making her chase me. i'd scouted an escape route down through the stairwell to the basement health-club and i took it, shaking her off. i didn't see him again that weekend, but i *did* relate the story to some of my fellow larpers, who embroidered the tale and found lots of opportunities to tell it over the weekend. the italian magazine had a staffer who'd done her master's degree on amish anti-technology communities in rural pennsylvania, and she thought we sounded awfully interesting. based on the notes and taped interviews of her boss from his trip to san francisco, she wrote a fascinating, heart-wrenching article about these weird, juvenile cultists who were crisscrossing america in search of their "prince." hell, people will print anything these days. but the thing was, stories like that get picked up and republished. first it was italian bloggers, then a few american bloggers. people across the country reported "sightings" of the old people, though whether they were making it up, or whether others were playing the same game, i didn't know. it worked its way up the media food-chain all the way to the *new york times*, who, unfortunately, have an unhealthy appetite for fact-checking. the reporter they put on the story eventually tracked it down to the monaco hotel, who put them in touch with the larp organizers, who laughingly spilled the whole story. well, at that point, larping got a lot less cool. we became known as the nation's foremost hoaxers, as weird, pathological liars. the press who we'd inadvertently tricked into covering the story of the old people were now interested in redeeming themselves by reporting on how unbelievably weird we larpers were, and that was when charles let everyone in school know that darryl and i were the biggest larping weenies in the city. that was not a good season. some of the gang didn't mind, but we did. the teasing was merciless. charles led it. i'd find plastic fangs in my bag, and kids i passed in the hall would go "bleh, bleh" like a cartoon vampire, or they'd talk with fake transylvanian accents when i was around. we switched to arging pretty soon afterwards. it was more fun in some ways, and it was a lot less weird. every now and again, though, i missed my cape and those weekends in the hotel. # the opposite of esprit d'escalier is the way that life's embarrassments come back to haunt us even after they're long past. i could remember every stupid thing i'd ever said or done, recall them with picture-perfect clarity. any time i was feeling low, i'd naturally start to remember other times i felt that way, a hit-parade of humiliations coming one after another to my mind. as i tried to concentrate on masha and my impending doom, the old people incident kept coming back to haunt me. there'd been a similar, sick, sinking doomed feeling then, as more and more press outlets picked up the story, as the likelihood increased of someone figuring out that it had been me who'd sprung the story on the stupid italian editor in the designer jeans with crooked seams, the starched collarless shirt, and the oversized metal-rimmed glasses. there's an alternative to dwelling on your mistakes. you can learn from them. it's a good theory, anyway. maybe the reason your subconscious dredges up all these miserable ghosts is that they need to get closure before they can rest peacefully in humiliation afterlife. my subconscious kept visiting me with ghosts in the hopes that i would do something to let them rest in peace. all the way home, i turned over this memory and the thought of what i would do about "masha," in case she was playing me. i needed some insurance. and by the time i reached my house -- to be swept up into melancholy hugs from mom and dad -- i had it. # the trick was to time this so that it happened fast enough that the dhs couldn't prepare for it, but with a long enough lead time that the xnet would have time to turn out in force. the trick was to stage this so that there were too many present to arrest us all, but to put it somewhere that the press could see it and the grownups, so the dhs wouldn't just gas us again. the trick was to come up with something with the media friendliness of the levitation of the pentagon. the trick was to stage something that we could rally around, like , berkeley students refusing to let one of their number be taken away in a police van. the trick was to put the press there, ready to say what the police did, the way they had in in chicago. it was going to be some trick. i cut out of school an hour early the next day, using my customary techniques for getting out, not caring if it would trigger some kind of new dhs checker that would result in my parents getting a note. one way or another, my parents' last problem after tomorrow would be whether i was in trouble at school. i met ange at her place. she'd had to cut out of school even earlier, but she'd just made a big deal out of her cramps and pretended she was going to keel over and they sent her home. we started to spread the word on xnet. we sent it in email to trusted friends, and immed it to our buddy lists. we roamed the decks and towns of clockwork plunder and told our team-mates. giving everyone enough information to get them to show up but not so much as to tip our hand to the dhs was tricky, but i thought i had just the right balance: > vampmob tomorrow > if you're a goth, dress to impress. if you're not a goth, find a goth and borrow some clothes. think vampire. > the game starts at : am sharp. sharp. be there and ready to be divided into teams. the game lasts minutes, so you'll have plenty of time to get to school afterward. > location will be revealed tomorrow. email your public key to m k y@littlebrother.pirateparty.org.se and check your messages at am for the update. if that's too early for you, stay up all night. that's what we're going to do. > this is the most fun you will have all year, guaranteed. > believe. > m k y then i sent a short message to masha. > tomorrow > m k y a minute later, she emailed back: > i thought so. vampmob, huh? you work fast. wear a red hat. travel light. # what do you bring along when you go fugitive? i'd carried enough heavy packs around enough scout camps to know that every ounce you add cuts into your shoulders with all the crushing force of gravity with every step you take -- it's not just one ounce, it's one ounce that you carry for a million steps. it's a ton. "right," ange said. "smart. and you never take more than three days' worth of clothes, either. you can rinse stuff out in the sink. better to have a spot on your t-shirt than a suitcase that's too big and heavy to stash under a plane-seat." she'd pulled out a ballistic nylon courier bag that went across her chest, between her breasts -- something that made me get a little sweaty -- and slung diagonally across her back. it was roomy inside, and she'd set it down on the bed. now she was piling clothes next to it. "i figure that three t-shirts, a pair of pants, a pair of shorts, three changes of underwear, three pairs of socks and a sweater will do it." she dumped out her gym bag and picked out her toiletries. "i'll have to remember to stick my toothbrush in tomorrow morning before i head down to civic center." watching her pack was impressive. she was ruthless about it all. it was also freaky -- it made me realize that the next day, i was going to go away. maybe for a long time. maybe forever. "do i bring my xbox?" she asked. "i've got a ton of stuff on the hard-drive, notes and sketches and email. i wouldn't want it to fall into the wrong hands." "it's all encrypted," i said. "that's standard with paranoidxbox. but leave the xbox behind, there'll be plenty of them in la. just create a pirate party account and email an image of your hard-drive to yourself. i'm going to do the same when i get home." she did so, and queued up the email. it was going to take a couple hours for all the data to squeeze through her neighbor's wifi network and wing its way to sweden. then she closed the flap on the bag and tightened the compression straps. she had something the size of a soccer-ball slung over her back now, and i stared admiringly at it. she could walk down the street with that under her shoulder and no one would look twice -- she looked like she was on her way to school. "one more thing," she said, and went to her bedside table and took out the condoms. she took the strips of rubbers out of the box and opened the bag and stuck them inside, then gave me a slap on the ass. "now what?" i said. "now we go to your place and do your stuff. it's time i met your parents, no?" she left the bag amid the piles of clothes and junk all over the floor. she was ready to turn her back on all of it, walk away, just to be with me. just to support the cause. it made me feel brave, too. # mom was already home when i got there. she had her laptop open on the kitchen table and was answering email while talking into a headset connected to it, helping some poor yorkshireman and his family acclimate to living in louisiana. i came through the door and ange followed, grinning like mad, but holding my hand so tight i could feel the bones grinding together. i didn't know what she was so worried about. it wasn't like she was going to end up spending a lot of time hanging around with my parents after this, even if it went badly. mom hung up on the yorkshireman when we got in. "hello, marcus," she said, giving me a kiss on the cheek. "and who is this?" "mom, meet ange. ange, this is my mom, lillian." mom stood up and gave ange a hug. "it's very good to meet you, darling," she said, looking her over from top to bottom. ange looked pretty acceptable, i think. she dressed well, and low-key, and you could tell how smart she was just by looking at her. "a pleasure to meet you, mrs yallow," she said. she sounded very confident and self-assured. much better than i had when i'd met her mom. "it's lillian, love," she said. she was taking in every detail. "are you staying for dinner?" "i'd love that," she said. "do you eat meat?" mom's pretty acclimated to living in california. "i eat anything that doesn't eat me first," she said. "she's a hot-sauce junkie," i said. "you could serve her old tires and she'd eat 'em if she could smother them in salsa." ange socked me gently in the shoulder. "i was going to order thai," mom said. "i'll add a couple of their five-chili dishes to the order." ange thanked her politely and mom bustled around the kitchen, getting us glasses of juice and a plate of biscuits and asking three times if we wanted any tea. i squirmed a little. "thanks, mom," i said. "we're going to go upstairs for a while." mom's eyes narrowed for a second, then she smiled again. "of course," she said. "your father will be home in an hour, we'll eat then." i had my vampire stuff all stashed in the back of my closet. i let ange sort through it while i went through my clothes. i was only going as far as la. they had stores there, all the clothing i could need. i just needed to get together three or four favorite tees and a favorite pair of jeans, a tube of deodorant, a roll of dental floss. "money!" i said. "yeah," she said. "i was going to clean out my bank account on the way home at an atm. i've got maybe five hundred saved up." "really?" "what am i going to spend it on?" she said. "ever since the xnet, i haven't had to even pay any service charges." "i think i've got three hundred or so." "well, there you go. grab it on the way to civic center in the morning." i had a big book-bag i used when i was hauling lots of gear around town. it was less conspicuous than my camping pack. ange went through my piles mercilessly and culled them down to her favorites. once it was packed and under my bed, we both sat down. "we're going to have to get up really early tomorrow," she said. "yeah, big day." the plan was to get messages out with a bunch of fake vampmob locations tomorrow, sending people out to secluded spots within a few minutes' walk of civic center. we'd cut out a spray-paint stencil that just said vampmob civic center -> -> that we would spray-paint at those spots around am. that would keep the dhs from locking down the civic center before we got there. i had the mailbot ready to send out the messages at am -- i'd just leave my xbox running when i went out. "how long. . ." she trailed off. "that's what i've been wondering, too," i said. "it could be a long time, i suppose. but who knows? with barbara's article coming out --" i'd queued an email to her for the next morning, too -- "and all, maybe we'll be heroes in two weeks." "maybe," she said and sighed. i put my arm around her. her shoulders were shaking. "i'm terrified," i said. "i think that it would be crazy not to be terrified." "yeah," she said. "yeah." mom called us to dinner. dad shook ange's hand. he looked unshaved and worried, the way he had since we'd gone to see barbara, but on meeting ange, a little of the old dad came back. she kissed him on the cheek and he insisted that she call him drew. dinner was actually really good. the ice broke when ange took out her hot-sauce mister and treated her plate, and explained about scoville units. dad tried a forkful of her food and went reeling into the kitchen to drink a gallon of milk. believe it or not, mom still tried it after that and gave every impression of loving it. mom, it turned out, was an undiscovered spicy food prodigy, a natural. before she left, ange pressed the hot-sauce mister on mom. "i have a spare at home," she said. i'd watched her pack it in her backpack. "you seem like the kind of woman who should have one of these." &&& chapter [[this chapter is dedicated to the mit press bookshop, a store i've visited on every single trip to boston over the past ten years. mit, of course, is one of the legendary origin nodes for global nerd culture, and the campus bookstore lives up to the incredible expectations i had when i first set foot in it. in addition to the wonderful titles published by the mit press, the bookshop is a tour through the most exciting high-tech publications in the world, from hacker zines like to fat academic anthologies on video-game design. this is one of those stores where i have to ask them to ship my purchases home because they don't fit in my suitcase.]] [[mit press bookstore http://web.mit.edu/bookstore/www/ building e , massachusetts ave., cambridge, ma usa - + ]] here's the email that went out at am the next day, while ange and i were spray-painting vamp-mob civic center -> -> at strategic locations around town. > rules for vampmob > you are part of a clan of daylight vampires. you've discovered the secret of surviving the terrible light of the sun. the secret was cannibalism: the blood of another vampire can give you the strength to walk among the living. > you need to bite as many other vampires as you can in order to stay in the game. if one minute goes by without a bite, you're out. once you're out, turn your shirt around backwards and go referee -- watch two or three vamps to see if they're getting their bites in. > to bite another vamp, you have to say "bite!" five times before they do. so you run up to a vamp, make eye-contact, and shout "bite bite bite bite bite!" and if you get it out before she does, you live and she crumbles to dust. > you and the other vamps you meet at your rendezvous are a team. they are your clan. you derive no nourishment from their blood. > you can "go invisible" by standing still and folding your arms over your chest. you can't bite invisible vamps, and they can't bite you. > this game is played on the honor system. the point is to have fun and get your vamp on, not to win. > there is an end-game that will be passed by word of mouth as winners begin to emerge. the game-masters will start a whisper campaign among the players when the time comes. spread the whisper as quickly as you can and watch for the sign. > m k y > bite bite bite bite bite! we'd hoped that a hundred people would be willing to play vampmob. we'd sent out about two hundred invites each. but when i sat bolt upright at am and grabbed my xbox, there were * * replies there. four *hundred*. i fed the addresses to the bot and stole out of the house. i descended the stairs, listening to my father snore and my mom rolling over in their bed. i locked the door behind me. at : am, potrero hill was as quiet as the countryside. there were some distant traffic rumbles, and once, a car crawled past me. i stopped at an atm and drew out $ in twenties, rolled them up and put a rubber-band around them, and stuck the roll in a zip-up pocket low on the thigh of my vampire pants. i was wearing my cape again, and a ruffled shirt, and tuxedo pants that had been modded to have enough pockets to carry all my little bits and pieces. i had on pointed boots with silver-skull buckles, and i'd teased my hair into a black dandelion clock around my head. ange was bringing the white makeup and had promised to do my eyeliner and black nail-polish. why the hell not? when was the next time i was going to get to play dressup like this? ange met me in front of her house. she had her backpack on too, and fishnet tights, a ruffled gothic lolita maid's dress, white face-paint, elaborate kabuki eye-makeup, and her fingers and throat dripped with silver jewelry. "you look *great*!" we said to each other in unison, then laughed quietly and stole off through the streets, spray-paint cans in our pockets. # as i surveyed civic center, i thought about what it would look like once vampmobbers converged on it. i expected them in ten minutes, out front of city hall. already the big plaza teemed with commuters who neatly sidestepped the homeless people begging there. i've always hated civic center. it's a collection of huge wedding-cake buildings: court houses, museums, and civic buildings like city hall. the sidewalks are wide, the buildings are white. in the tourist guides to san francisco, they manage to photograph it so that it looks like epcot center, futuristic and austere. but on the ground, it's grimy and gross. homeless people sleep on all the benches. the district is empty by pm except for drunks and druggies, because with only one kind of building there, there's no legit reason for people to hang around after the sun goes down. it's more like a mall than a neighborhood, and the only businesses there are bail-bondsmen and liquor stores, places that cater to the families of crooks on trial and the bums who make it their nighttime home. i really came to understand all of this when i read an interview with an amazing old urban planner, a woman called jane jacobs who was the first person to really nail why it was wrong to slice cities up with freeways, stick all the poor people in housing projects, and use zoning laws to tightly control who got to do what where. jacobs explained that real cities are organic and they have a lot of variety -- rich and poor, white and brown, anglo and mex, retail and residential and even industrial. a neighborhood like that has all kinds of people passing through it at all hours of the day or night, so you get businesses that cater to every need, you get people around all the time, acting like eyes on the street. you've encountered this before. you go walking around some older part of some city and you find that it's full of the coolest looking stores, guys in suits and people in fashion-rags, upscale restaurants and funky cafes, a little movie theater maybe, houses with elaborate paint-jobs. sure, there might be a starbucks too, but there's also a neat-looking fruit market and a florist who appears to be three hundred years old as she snips carefully at the flowers in her windows. it's the opposite of a planned space, like a mall. it feels like a wild garden or even a woods: like it *grew*. you couldn't get any further from that than civic center. i read an interview with jacobs where she talked about the great old neighborhood they knocked down to build it. it had been just that kind of neighborhood, the kind of place that happened without permission or rhyme or reason. jacobs said that she predicted that within a few years, civic center would be one of the worst neighborhoods in the city, a ghost-town at night, a place that sustained a thin crop of weedy booze shops and flea-pit motels. in the interview, she didn't seem very glad to have been vindicated; she sounded like she was talking about a dead friend when she described what civic center had become. now it was rush hour and civic center was as busy as it could be. the civic center bart also serves as the major station for muni trolley lines, and if you need to switch from one to another, that's where you do it. at am, there were thousands of people coming up the stairs, going down the stairs, getting into and out of taxis and on and off buses. they got squeezed by dhs checkpoints by the different civic buildings, and routed around aggressive panhandlers. they all smelled like their shampoos and colognes, fresh out of the shower and armored in their work suits, swinging laptop bags and briefcases. at am, civic center was business central. and here came the vamps. a couple dozen coming down van ness, a couple dozen coming up market. more coming from the other side of market. more coming up from van ness. they slipped around the side of the buildings, wearing the white face-paint and the black eyeliner, black clothes, leather jackets, huge stompy boots. fishnet fingerless gloves. they began to fill up the plaza. a few of the business people gave them passing glances and then looked away, not wanting to let these weirdos into their personal realities as they thought about whatever crap they were about to wade through for another eight hours. the vamps milled around, not sure when the game was on. they pooled together in large groups, like an oil spill in reverse, all this black gathering in one place. a lot of them sported old-timey hats, bowlers and toppers. many of the girls were in full-on elegant gothic lolita maid costumes with huge platforms. i tried to estimate the numbers. . then, five minutes later, it was . . they were still streaming in. the vamps had brought friends. someone grabbed my ass. i spun around and saw ange, laughing so hard she had to hold her thighs, bent double. "look at them all, man, look at them all!" she gasped. the square was twice as crowded as it had been a few minutes ago. i had no idea how many xnetters there were, but easily of them had just showed up to my little party. christ. the dhs and sfpd cops were starting to mill around, talking into their radios and clustering together. i heard a far-away siren. "all right," i said, shaking ange by the arm. "all right, let's *go*." we both slipped off into the crowd and as soon as we encountered our first vamp, we both said, loudly, "bite bite bite bite bite!" my victim was a stunned -- but cute -- girl with spider-webs drawn on her hands and smudged mascara running down her cheeks. she said, "crap," and moved away, acknowledging that i'd gotten her. the call of "bite bite bite bite bite" had scrambled the other nearby vamps. some of them were attacking each other, others were moving for cover, hiding out. i had my victim for the minute, so i skulked away, using mundanes for cover. all around me, the cry of "bite bite bite bite bite!" and shouts and laughs and curses. the sound spread like a virus through the crowd. all the vamps knew the game was on now, and the ones who were clustered together were dropping like flies. they laughed and cussed and moved away, clueing the still-in vamps that the game was on. and more vamps were arriving by the second. : . it was time to bag another vamp. i crouched low and moved through the legs of the straights as they headed for the bart stairs. they jerked back with surprise and swerved to avoid me. i had my eyes laser-locked on a set of black platform boots with steel dragons over the toes, and so i wasn't expecting it when i came face to face with another vamp, a guy of about or , hair gelled straight back and wearing a pvc marilyn manson jacket draped with necklaces of fake tusks carved with intricate symbols. "bite bite bite --" he began, when one of the mundanes tripped over him and they both went sprawling. i leapt over to him and shouted "bite bite bite bite bite!" before he could untangle himself again. more vamps were arriving. the suits were really freaking out. the game overflowed the sidewalk and moved into van ness, spreading up toward market street. drivers honked, the trolleys made angry *ding*s. i heard more sirens, but now traffic was snarled in every direction. it was freaking *glorious*. bite bite bite bite bite! the sound came from all around me. there were so many vamps there, playing so furiously, it was like a roar. i risked standing up and looking around and found that i was right in the middle of a giant crowd of vamps that went as far as i could see in every direction. bite bite bite bite bite! this was even better than the concert in dolores park. that had been angry and rockin', but this was -- well, it was just *fun*. it was like going back to the playground, to the epic games of tag we'd play on lunch breaks when the sun was out, hundreds of people chasing each other around. the adults and the cars just made it more fun, more funny. that's what it was: it was *funny*. we were all laughing now. but the cops were really mobilizing now. i heard helicopters. any second now, it would be over. time for the endgame. i grabbed a vamp. "endgame: when the cops order us to disperse, pretend you've been gassed. pass it on. what did i just say?" the vamp was a girl, tiny, so short i thought she was really young, but she must have been or from her face and the smile. "oh, that's wicked," she said. "what did i say?" "endgame: when the cops order us to disperse, pretend you've been gassed. pass it on. what did i just say?" "right," i said. "pass it on." she melted into the crowd. i grabbed another vamp. i passed it on. he went off to pass it on. somewhere in the crowd, i knew ange was doing this too. somewhere in the crowd, there might be infiltrators, fake xnetters, but what could they do with this knowledge? it's not like the cops had a choice. they were going to order us to disperse. that was guaranteed. i had to get to ange. the plan was to meet at the founder's statue in the plaza, but reaching it was going to be hard. the crowd wasn't moving anymore, it was *surging*, like the mob had in the way down to the bart station on the day the bombs went off. i struggled to make my way through it just as the pa underneath the helicopter switched on. "this is the department of homeland security. you are ordered to disperse immediately." around me, hundreds of vamps fell to the ground, clutching their throats, clawing at their eyes, gasping for breath. it was easy to fake being gassed, we'd all had plenty of time to study the footage of the partiers in mission dolores park going down under the pepper-spray clouds. "disperse immediately." i fell to the ground, protecting my pack, reaching around to the red baseball hat folded into the waistband of my pants. i jammed it on my head and then grabbed my throat and made horrendous retching noises. the only ones still standing were the mundanes, the salarymen who'd been just trying to get to their jobs. i looked around as best as i could at them as i choked and gasped. "this is the department of homeland security. you are ordered to disperse immediately. disperse immediately." the voice of god made my bowels ache. i felt it in my molars and in my femurs and my spine. the salarymen were scared. they were moving as fast as they could, but in no particular direction. the helicopters seemed to be directly overhead no matter where you stood. the cops were wading into the crowd now, and they'd put on their helmets. some had shields. some had gas masks. i gasped harder. then the salarymen were running. i probably would have run too. i watched a guy whip a $ jacket off and wrap it around his face before heading south toward mission, only to trip up and go sprawling. his curses joined the choking sounds. this wasn't supposed to happen -- the choking was just supposed to freak people out and get them confused, not panic them into a stampede. there were screams now, screams i recognized all too well from the night in the park. that was the sound of people who were scared spitless, running into each other as they tried like hell to get away. and then the air-raid sirens began. i hadn't heard that sound since the bombs went off, but i would never forget it. it sliced through me and went straight into my balls, turning my legs into jelly on the way. it made me want to run away in a panic. i got to my feet, red cap on my head, thinking of only one thing: ange. ange and the founders' statue. everyone was on their feet now, running in all directions, screaming. i pushed people out of my way, holding onto my pack and my hat, heading for founders' statue. masha was looking for me, i was looking for ange. ange was out there. i pushed and cursed. elbowed someone. someone came down on my foot so hard i felt something go *crunch* and i shoved him so he went down. he tried to get up and someone stepped on him. i shoved and pushed. then i reached out my arm to shove someone else and strong hands grabbed my wrist and my elbow in one fluid motion and brought my arm back around behind my back. it felt like my shoulder was about to wrench out of its socket, and i instantly doubled over, hollering, a sound that was barely audible over the din of the crowd, the thrum of the choppers, the wail of the sirens. i was brought back upright by the strong hands behind me, which steered me like a marionette. the hold was so perfect i couldn't even think of squirming. i couldn't think of the noise or the helicopter or ange. all i could think of was moving the way that the person who had me wanted me to move. i was brought around so that i was face-to-face with the person. it was a girl whose face was sharp and rodent-like, half-hidden by a giant pair of sunglasses. over the sunglasses, a mop of bright pink hair, spiked out in all directions. "you!" i said. i knew her. she'd taken a picture of me and threatened to rat me out to truant watch. that had been five minutes before the alarms started. she'd been the one, ruthless and cunning. we'd both run from that spot in the tenderloin as the klaxon sounded behind us, and we'd both been picked up by the cops. i'd been hostile and they'd decided that i was an enemy. she -- masha -- became their ally. "hello, m k y," she hissed in my ear, close as a lover. a shiver went up my back. she let go of my arm and i shook it out. "christ," i said. "you!" "yes, me," she said. "the gas is gonna come down in about two minutes. let's haul ass." "ange -- my girlfriend -- is by the founders' statue." masha looked over the crowd. "no chance," she said. "we try to make it there, we're doomed. the gas is coming down in two minutes, in case you missed it the first time." i stopped moving. "i don't go without ange," i said. she shrugged. "suit yourself," she shouted in my ear. "your funeral." she began to push through the crowd, moving away, north, toward downtown. i continued to push for the founders' statue. a second later, my arm was back in the terrible lock and i was being swung around and propelled forward. "you know too much, jerk-off," she said. "you've seen my face. you're coming with me." i screamed at her, struggled till it felt like my arm would break, but she was pushing me forward. my sore foot was agony with every step, my shoulder felt like it would break. with her using me as a battering ram, we made good progress through the crowd. the whine of the helicopters changed and she gave me a harder push. "run!" she yelled. "here comes the gas!" the crowd noise changed, too. the choking sounds and scream sounds got much, much louder. i'd heard that pitch of sound before. we were back in the park. the gas was raining down. i held my breath and *ran*. we cleared the crowd and she let go of my arm. i shook it out. i limped as fast as i could up the sidewalk as the crowd thinned and thinned. we were heading towards a group of dhs cops with riot shields and helmets and masks. as we drew near them, they moved to block us, but masha held up a badge and they melted away like she was obi wan kenobi, saying "these aren't the droids you're looking for." "you goddamned *bitch*," i said as we sped up market street. "we have to go back for ange." she pursed her lips and shook her head. "i feel for you, buddy. i haven't seen my boyfriend in months. he probably thinks i'm dead. fortunes of war. we go back for your ange, we're dead. if we push on, we have a chance. so long as we have a chance, she has a chance. those kids aren't all going to gitmo. they'll probably take a few hundred in for questioning and send the rest home." we were moving up market street now, past the strip joints where the little encampments of bums and junkies sat, stinking like open toilets. masha guided me to a little alcove in the shut door of one of the strip places. she stripped off her jacket and turned it inside out -- the lining was a muted stripe pattern, and with the jacket's seams reversed, it hung differently. she produced a wool hat from her pocket and pulled it over her hair, letting it form a jaunty, off-center peak. then she took out some make-up remover wipes and went to work on her face and fingernails. in a minute, she was a different woman. "wardrobe change," she said. "now you. lose the shoes, lose the jacket, lose the hat." i could see her point. the cops would be looking very carefully at anyone who looked like they'd been a part of the vampmob. i ditched the hat entirely -- i'd never liked ball caps. then i jammed the jacket into my pack and got out a long-sleeved tee with a picture of rosa luxembourg on it and pulled it over my black tee. i let masha wipe my makeup off and clean my nails and a minute later, i was clean. "switch off your phone," she said. "you carrying any arphids?" i had my student card, my atm card, my fast pass. they all went into a silvered bag she held out, which i recognized as a radio-proof faraday pouch. but as she put them in her pocket, i realized i'd just turned my id over to her. if she was on the other side... the magnitude of what had just happened began to sink in. in my mind, i'd pictured having ange with me at this point. ange would make it two against one. ange would help me see if there was something amiss. if masha wasn't all she said she was. "put these pebbles in your shoes before you put them on --" "it's ok. i sprained my foot. no gait recognition program will spot me now." she nodded once, one pro to another, and slung her pack. i picked up mine and we moved. the total time for the changeover was less than a minute. we looked and walked like two different people. she looked at her watch and shook her head. "come on," she said. "we have to make our rendezvous. don't think of running, either. you've got two choices now. me, or jail. they'll be analyzing the footage from that mob for days, but once they're done, every face in it will go in a database. our departure will be noted. we are both wanted criminals now." # she got us off market street on the next block, swinging back into the tenderloin. i knew this neighborhood. this was where we'd gone hunting for an open wifi access-point back on the day, playing harajuku fun madness. "where are we going?" i said. "we're about to catch a ride," she said. "shut up and let me concentrate." we moved fast, and sweat streamed down my face from under my hair, coursed down my back and slid down the crack of my ass and my thighs. my foot was *really* hurting and i was seeing the streets of san francisco race by, maybe for the last time, ever. it didn't help that we were ploughing straight uphill, moving for the zone where the seedy tenderloin gives way to the nosebleed real-estate values of nob hill. my breath came in ragged gasps. she moved us mostly up narrow alleys, using the big streets just to get from one alley to the next. we were just stepping into one such alley, sabin place, when someone fell in behind us and said, "freeze right there." it was full of evil mirth. we stopped and turned around. at the mouth of the alley stood charles, wearing a halfhearted vampmob outfit of black t-shirt and jeans and white face-paint. "hello, marcus," he said. "you going somewhere?" he smiled a huge, wet grin. "who's your girlfriend?" "what do you want, charles?" "well, i've been hanging out on that traitorous xnet ever since i spotted you giving out dvds at school. when i heard about your vampmob, i thought i'd go along and hang around the edges, just to see if you showed up and what you did. you know what i saw?" i said nothing. he had his phone in his hand, pointed at us. recording. maybe ready to dial . beside me, masha had gone still as a board. "i saw you *leading* the damned thing. and i *recorded* it, marcus. so now i'm going to call the cops and we're going to wait right here for them. and then you're going to go to pound-you-in-the-ass prison, for a long, long time." masha stepped forward. "stop right there, chickie," he said. "i saw you get him away. i saw it all --" she took another step forward and snatched the phone out of his hand, reaching behind her with her other hand and bringing it out holding a wallet open. "dhs, dick-head," she said. "i'm dhs. i've been running this twerp back to his masters to see where he went. i *was* doing that. now you've blown it. we have a name for that. we call it 'obstruction of national security.' you're about to hear that phrase a lot more often." charles took a step backward, his hands held up in front of him. he'd gone even paler under his makeup. "what? no! i mean -- i didn't know! i was trying to *help*!" "the last thing we need is a bunch of high school junior g-men 'helping' buddy. you can tell it to the judge." he moved back again, but masha was fast. she grabbed his wrist and twisted him into the same judo hold she'd had me in back at civic center. her hand dipped back to her pockets and came out holding a strip of plastic, a handcuff strip, which she quickly wound around his wrists. that was the last thing i saw as i took off running. # i made it as far as the other end of the alley before she caught up with me, tackling me from behind and sending me sprawling. i couldn't move very fast, not with my hurt foot and the weight of my pack. i went down in a hard face-plant and skidded, grinding my cheek into the grimy asphalt. "jesus," she said. "you're a goddamned idiot. you didn't *believe* that, did you?" my heart thudded in my chest. she was on top of me and slowly she let me up. "do i need to cuff you, marcus?" i got to my feet. i hurt all over. i wanted to die. "come on," she said. "it's not far now." # 'it' turned out to be a moving van on a nob hill side-street, a sixteen-wheeler the size of one of the ubiquitous dhs trucks that still turned up on san francisco's street corners, bristling with antennas. this one, though, said "three guys and a truck moving" on the side, and the three guys were very much in evidence, trekking in and out of a tall apartment building with a green awning. they were carrying crated furniture, neatly labeled boxes, loading them one at a time onto the truck and carefully packing them there. she walked us around the block once, apparently unsatisfied with something, then, on the next pass, she made eye-contact with the man who was watching the van, an older black guy with a kidney-belt and heavy gloves. he had a kind face and he smiled at us as she led us quickly, casually up the truck's three stairs and into its depth. "under the big table," he said. "we left you some space there." the truck was more than half full, but there was a narrow corridor around a huge table with a quilted blanket thrown over it and bubble-wrap wound around its legs. masha pulled me under the table. it was stuffy and still and dusty under there, and i suppressed a sneeze as we scrunched in among the boxes. the space was so tight that we were on top of each other. i didn't think that ange would have fit in there. "bitch," i said, looking at masha. "shut up. you should be licking my boots thanking me. you would have ended up in jail in a week, two tops. not gitmo-by-the-bay. syria, maybe. i think that's where they sent the ones they really wanted to disappear." i put my head on my knees and tried to breathe deeply. "why would you do something so stupid as declaring war on the dhs anyway?" i told her. i told her about being busted and i told her about darryl. she patted her pockets and came up with a phone. it was charles's. "wrong phone." she came up with another phone. she turned it on and the glow from its screen filled our little fort. after fiddling for a second, she showed it to me. it was the picture she'd snapped of us, just before the bombs blew. it was the picture of jolu and van and me and -- darryl. i was holding in my hand proof that darryl had been with us minutes before we'd all gone into dhs custody. proof that he'd been alive and well and in our company. "you need to give me a copy of this," i said. "i need it." "when we get to la," she said, snatching the phone back. "once you've been briefed on how to be a fugitive without getting both our asses caught and shipped to syria. i don't want you getting rescue ideas about this guy. he's safe enough where he is -- for now." i thought about trying to take it from her by force, but she'd already demonstrated her physical skill. she must have been a black-belt or something. we sat there in the dark, listening to the three guys load the truck with box after box, tying things down, grunting with the effort of it. i tried to sleep, but couldn't. masha had no such problem. she snored. there was still light shining through the narrow, obstructed corridor that led to the fresh air outside. i stared at it, through the gloom, and thought of ange. my ange. her hair brushing her shoulders as she turned her head from side to side, laughing at something i'd done. her face when i'd seen her last, falling down in the crowd at vampmob. all those people at vampmob, like the people in the park, down and writhing, the dhs moving in with truncheons. the ones who disappeared. darryl. stuck on treasure island, his side stitched up, taken out of his cell for endless rounds of questioning about the terrorists. darryl's father, ruined and boozy, unshaven. washed up and in his uniform, "for the photos." weeping like a little boy. my own father, and the way that he had been changed by my disappearance to treasure island. he'd been just as broken as darryl's father, but in his own way. and his face, when i told him where i'd been. that was when i knew that i couldn't run. that was when i knew that i had to stay and fight. # masha's breathing was deep and regular, but when i reached with glacial slowness into her pocket for her phone, she snuffled a little and shifted. i froze and didn't even breathe for a full two minutes, counting one hippopotami, two hippopotami. slowly, her breath deepened again. i tugged the phone free of her jacket-pocket one millimeter at a time, my fingers and arm trembling with the effort of moving so slowly. then i had it, a little candy-bar shaped thing. i turned to head for the light, when i had a flash of memory: charles, holding out his phone, waggling it at us, taunting us. it had been a candy-bar-shaped phone, silver, plastered in the logos of a dozen companies that had subsidized the cost of the handset through the phone company. it was the kind of phone where you had to listen to a commercial every time you made a call. it was too dim to see the phone clearly in the truck, but i could feel it. were those company decals on its sides? yes? yes. i had just stolen *charles's* phone from masha. i turned back around slowly, slowly, and slowly, slowly, *slowly*, i reached back into her pocket. *her* phone was bigger and bulkier, with a better camera and who knew what else? i'd been through this once before -- that made it a little easier. millimeter by millimeter again, i teased it free of her pocket, stopping twice when she snuffled and twitched. i had the phone free of her pocket and i was beginning to back away when her hand shot out, fast as a snake, and grabbed my wrist, hard, fingertips grinding away at the small, tender bones below my hand. i gasped and stared into masha's wide-open, staring eyes. "you are such an idiot," she said, conversationally, taking the phone from me, punching at its keypad with her other hand. "how did you plan on unlocking this again?" i swallowed. i felt bones grind against each other in my wrist. i bit my lip to keep from crying out. she continued to punch away with her other hand. "is this what you thought you'd get away with?" she showed me the picture of all of us, darryl and jolu, van and me. "this picture?" i didn't say anything. my wrist felt like it would shatter. "maybe i should just delete it, take temptation out of your way." her free hand moved some more. her phone asked her if she was sure and she had to look at it to find the right button. that's when i moved. i had charles's phone in my other hand still, and i brought it down on her crushing hand as hard as i could, banging my knuckles on the table overhead. i hit her hand so hard the phone shattered and she yelped and her hand went slack. i was still moving, reaching for her other hand, for her now-unlocked phone with her thumb still poised over the ok key. her fingers spasmed on the empty air as i snatched the phone out of her hand. i moved down the narrow corridor on hands and knees, heading for the light. i felt her hands slap at my feet and ankles twice, and i had to shove aside some of the boxes that had walled us in like a pharaoh in a tomb. a few of them fell down behind me, and i heard masha grunt again. the rolling truck door was open a crack and i dove for it, slithering out under it. the steps had been removed and i found myself hanging over the road, sliding headfirst into it, clanging my head off the blacktop with a thump that rang my ears like a gong. i scrambled to my feet, holding the bumper, and desperately dragged down on the door-handle, slamming it shut. masha screamed inside -- i must have caught her fingertips. i felt like throwing up, but i didn't. i padlocked the truck instead. &&& chapter [[this chapter is dedicated to the tattered cover, denver's legendary independent bookstore. i happened upon the tattered cover quite by accident: alice and i had just landed in denver, coming in from london, and it was early and cold and we needed coffee. we drove in aimless rental-car circles, and that's when i spotted it, the tattered cover's sign. something about it tingled in my hindbrain -- i knew i'd heard of this place. we pulled in (got a coffee) and stepped into the store -- a wonderland of dark wood, homey reading nooks, and miles and miles of bookshelves.]] [[the tattered cover http://www.tatteredcover.com/nasapp/store/product?s=showproduct&isbn= th st., denver, co usa + ]] none of the three guys were around at the moment, so i took off. my head hurt so much i thought i must be bleeding, but my hands came away dry. my twisted ankle had frozen up in the truck so that i ran like a broken marionette, and i stopped only once, to cancel the photo-deletion on masha's phone. i turned off its radio -- both to save battery and to keep it from being used to track me -- and set the sleep timer to two hours, the longest setting available. i tried to set it to not require a password to wake from sleep, but that required a password itself. i was just going to have to tap the keypad at least once every two hours until i could figure out how to get the photo off of the phone. i would need a charger, then. i didn't have a plan. i needed one. i needed to sit down, to get online -- to figure out what i was going to do next. i was sick of letting other people do my planning for me. i didn't want to be acting because of what masha did, or because of the dhs, or because of my dad. or because of ange? well, maybe i'd act because of ange. that would be just fine, in fact. i'd just been slipping downhill, taking alleys when i could, merging with the tenderloin crowds. i didn't have any destination in mind. every few minutes, i put my hand in my pocket and nudged one of the keys on masha's phone to keep it from going asleep. it made an awkward bulge, unfolded there in my jacket. i stopped and leaned against a building. my ankle was killing me. where was i, anyway? o'farrell, at hyde street. in front of a dodgy "asian massage parlor." my traitorous feet had taken me right back to the beginning -- taken me back to where the photo on masha's phone had been taken, seconds before the bay bridge blew, before my life changed forever. i wanted to sit down on the sidewalk and bawl, but that wouldn't solve my problems. i had to call barbara stratford, tell her what had happened. show her the photo of darryl. what was i thinking? i had to show her the video, the one that masha had sent me -- the one where the president's chief of staff gloated at the attacks on san francisco and admitted that he knew when and where the next attacks would happen and that he wouldn't stop them because they'd help his man get re-elected. that was a plan, then: get in touch with barbara, give her the documents, and get them into print. the vampmob had to have really freaked people out, made them think that we really were a bunch of terrorists. of course, when i'd been planning it, i had been thinking of how good a distraction it would be, not how it would look to some nascar dad in nebraska. i'd call barbara, and i'd do it smart, from a payphone, putting my hood up so that the inevitable cctv wouldn't get a photo of me. i dug a quarter out of my pocket and polished it on my shirt-tail, getting the fingerprints off it. i headed downhill, down and down to the bart station and the payphones there. i made it to the trolley-car stop when i spotted the cover of the week's *bay guardian*, stacked in a high pile next to a homeless black guy who smiled at me. "go ahead and read the cover, it's free -- it'll cost you fifty cents to look inside, though." the headline was set in the biggest type i'd seen since / : inside gitmo-by-the-bay beneath it, in slightly smaller type: "how the dhs has kept our children and friends in secret prisons on our doorstep. "by barbara stratford, special to the bay guardian" the newspaper seller shook his head. "can you believe that?" he said. "right here in san francisco. man, the government *sucks*." theoretically, the *guardian* was free, but this guy appeared to have cornered the local market for copies of it. i had a quarter in my hand. i dropped it into his cup and fished for another one. i didn't bother polishing the fingerprints off of it this time. "we're told that the world changed forever when the bay bridge was blown up by parties unknown. thousands of our friends and neighbors died on that day. almost none of them have been recovered; their remains are presumed to be resting in the city's harbor. "but an extraordinary story told to this reporter by a young man who was arrested by the dhs minutes after the explosion suggests that our own government has illegally held many of those thought dead on treasure island, which had been evacuated and declared off-limits to civilians shortly after the bombing..." i sat down on a bench -- the same bench, i noted with a prickly hair-up-the-neck feeling, where we'd rested darryl after escaping from the bart station -- and read the article all the way through. it took a huge effort not to burst into tears right there. barbara had found some photos of me and darryl goofing around together and they ran alongside the text. the photos were maybe a year old, but i looked so much *younger* in them, like i was or . i'd done a lot of growing up in the past couple months. the piece was beautifully written. i kept feeling outraged on behalf of the poor kids she was writing about, then remembering that she was writing about *me*. zeb's note was there, his crabbed handwriting reproduced in large, a half-sheet of the newspaper. barbara had dug up more info on other kids who were missing and presumed dead, a long list, and asked how many had been stuck there on the island, just a few miles from their parents' doorsteps. i dug another quarter out of my pocket, then changed my mind. what was the chance that barbara's phone wasn't tapped? there was no way i was going to be able to call her now, not directly. i needed some intermediary to get in touch with her and get her to meet me somewhere south. so much for plans. what i really, really needed was the xnet. how the hell was i going to get online? my phone's wifinder was blinking like crazy -- there was wireless all around me, but i didn't have an xbox and a tv and a paranoidxbox dvd to boot from. wifi, wifi everywhere... that's when i spotted them. two kids, about my age, moving among the crowd at the top of the stairs down into the bart. what caught my eye was the way they were moving, kind of clumsy, nudging up against the commuters and the tourists. each had a hand in his pocket, and whenever they met one another's eye, they snickered. they couldn't have been more obvious jammers, but the crowd was oblivious to them. being down in that neighborhood, you expect to be dodging homeless people and crazies, so you don't make eye contact, don't look around at all if you can help it. i sidled up to one. he seemed really young, but he couldn't have been any younger than me. "hey," i said. "hey, can you guys come over here for a second?" he pretended not to hear me. he looked right through me, the way you would a homeless person. "come on," i said. "i don't have a lot of time." i grabbed his shoulder and hissed in his ear. "the cops are after me. i'm from xnet." he looked scared now, like he wanted to run away, and his friend was moving toward us. "i'm serious," i said. "just hear me out." his friend came over. he was taller, and beefy -- like darryl. "hey," he said. "something wrong?" his friend whispered in his ear. the two of them looked like they were going to bolt. i grabbed my copy of the *bay guardian* from under my arm and rattled it in front of them. "just turn to page , ok?" they did. they looked at the headline. the photo. me. "oh, dude," the first one said. "we are *so* not worthy." he grinned at me like crazy, and the beefier one slapped me on the back. "no *way* --" he said. "you're m --" i put a hand over his mouth. "come over here, ok?" i brought them back to my bench. i noticed that there was something old and brown staining the sidewalk underneath it. darryl's blood? it made my skin pucker up. we sat down. "i'm marcus," i said, swallowing hard as i gave my real name to these two who already knew me as m k y. i was blowing my cover, but the *bay guardian* had already made the connection for me. "nate," the small one said. "liam," the bigger one said. "dude, it is *such* an honor to meet you. you're like our all-time hero --" "don't say that," i said. "don't say that. you two are like a flashing advertisement that says, 'i am jamming, please put my ass in gitmo-by-the-bay. you couldn't be more obvious." liam looked like he might cry. "don't worry, you didn't get busted. i'll give you some tips, later." he brightened up again. what was becoming weirdly clear was that these two really *did* idolize m k y, and that they'd do anything i said. they were grinning like idiots. it made me uncomfortable, sick to my stomach. "listen, i need to get on xnet, now, without going home or anywhere near home. do you two live near here?" "i do," nate said. "up at the top of california street. it's a bit of a walk -- steep hills." i'd just walked all the way down them. masha was somewhere up there. but still, it was better than i had any right to expect. "let's go," i said. # nate loaned me his baseball hat and traded jackets with me. i didn't have to worry about gait-recognition, not with my ankle throbbing the way it was -- i limped like an extra in a cowboy movie. 	 nate lived in a huge four-bedroom apartment at the top of nob hill. the building had a doorman, in a red overcoat with gold brocade, and he touched his cap and called nate, "mr nate" and welcomed us all there. the place was spotless and smelled of furniture polish. i tried not to gawp at what must have been a couple million bucks' worth of condo. "my dad," he explained. "he was an investment banker. lots of life insurance. he died when i was and we got it all. they'd been divorced for years, but he left my mom as beneficiary." from the floor-to-ceiling window, you could see a stunning view of the other side of nob hill, all the way down to fisherman's wharf, to the ugly stub of the bay bridge, the crowd of cranes and trucks. through the mist, i could just make out treasure island. looking down all that way, it gave me a crazy urge to jump. i got online with his xbox and a huge plasma screen in the living room. he showed me how many open wifi networks were visible from his high vantage point -- twenty, thirty of them. this was a good spot to be an xnetter. there was a *lot* of email in my m k y account. , new messages since ange and i had left her place that morning. lots of it was from the press, asking for followup interviews, but most of it was from the xnetters, people who'd seen the *guardian* story and wanted to tell me that they'd do anything to help me, anything i needed. that did it. tears started to roll down my cheeks. nate and liam exchanged glances. i tried to stop, but it was no good. i was sobbing now. nate went to an oak book-case on one wall and swung a bar out of one of its shelves, revealing gleaming rows of bottles. he poured me a shot of something golden brown and brought it to me. "rare irish whiskey," he said. "mom's favorite." it tasted like fire, like gold. i sipped at it, trying not to choke. i didn't really like hard liquor, but this was different. i took several deep breaths. "thanks, nate," i said. he looked like i'd just pinned a medal on him. he was a good kid. "all right," i said, and picked up the keyboard. the two boys watched in fascination as i paged through my mail on the gigantic screen. what i was looking for, first and foremost, was email from ange. there was a chance that she'd just gotten away. there was always that chance. i was an idiot to even hope. there was nothing from her. i started going through the mail as fast as i could, picking apart the press requests, the fan mail, the hate mail, the spam... and that's when i found it: a letter from zeb. "it wasn't nice to wake up this morning and find the letter that i thought you would destroy in the pages of the newspaper. not nice at all. made me feel -- hunted. "but i've come to understand why you did it. i don't know if i can approve of your tactics, but it's easy to see that your motives were sound. "if you're reading this, that means that there's a good chance you've gone underground. it's not easy. i've been learning that. i've been learning a lot more. "i can help you. i should do that for you. you're doing what you can for me. (even if you're not doing it with my permission.) "reply if you get this, if you're on the run and alone. or reply if you're in custody, being run by our friends on gitmo, looking for a way to make the pain stop. if they've got you, you'll do what they tell you. i know that. i'll take that risk. "for you, m k y." "wooooah," liam breathed. "duuuuude." i wanted to smack him. i turned to say something awful and cutting to him, but he was staring at me with eyes as big as saucers, looking like he wanted to drop to his knees and worship me. "can i just say," nate said, "can i just say that it is the biggest honor of my entire life to help you? can i just say that?" i was blushing now. there was nothing for it. these two were totally star-struck, even though i wasn't any kind of star, not in my own mind at least. "can you guys --" i swallowed. "can i have some privacy here?" they slunk out of the room like bad puppies and i felt like a tool. i typed fast. "i got away, zeb. and i'm on the run. i need all the help i can get. i want to end this now." i remembered to take masha's phone out of my pocket and tickle it to keep it from going to sleep. they let me use the shower, gave me a change of clothes, a new backpack with half their earthquake kit in it -- energy bars, medicine, hot and cold packs, and an old sleeping-bag. they even slipped a spare xbox universal already loaded with paranoidxbox on it into there. that was a nice touch. i had to draw the line at a flaregun. i kept on checking my email to see if zeb had replied. i answered the fan mail. i answered the mail from the press. i deleted the hate mail. i was half-expecting to see something from masha, but chances were she was halfway to la by now, her fingers hurt, and in no position to type. i tickled her phone again. they encouraged me to take a nap and for a brief, shameful moment, i got all paranoid like maybe these guys were thinking of turning me in once i was asleep. which was idiotic -- they could have turned me in just as easily when i was awake. i just couldn't compute the fact that they thought *so much* of me. i had known, intellectually, that there were people who would follow m k y. i'd met some of those people that morning, shouting bite bite bite and vamping it up at civic center. but these two were more personal. they were just nice, goofy guys, they coulda been any of my friends back in the days before the xnet, just two pals who palled around having teenage adventures. they'd volunteered to join an army, my army. i had a responsibility to them. left to themselves, they'd get caught, it was only a matter of time. they were too trusting. "guys, listen to me for a second. i have something serious i need to talk to you about." they almost stood at attention. it would have been funny if it wasn't so scary. "here's the thing. now that you've helped me, it's really dangerous. if you get caught, i'll get caught. they'll get anything you know out of you --" i held up my hand to forestall their protests. "no, stop. you haven't been through it. everyone talks. everyone breaks. if you're ever caught, you tell them everything, right away, as fast as you can, as much as you can. they'll get it all eventually anyway. that's how they work. "but you won't get caught, and here's why: you're not jammers anymore. you are retired from active duty. you're a --" i fished in my memory for vocabulary words culled from spy thrillers -- "you're a sleeper cell. stand down. go back to being normal kids. one way or another, i'm going to break this thing, break it wide open, end it. or it will get me, finally, do me in. if you don't hear from me within hours, assume that they got me. do whatever you want then. but for the next three days -- and forever, if i do what i'm trying to do -- stand down. will you promise me that?" they promised with all solemnity. i let them talk me into napping, but made them swear to rouse me once an hour. i'd have to tickle masha's phone and i wanted to know as soon as zeb got back in touch with me. # the rendezvous was on a bart car, which made me nervous. they're full of cameras. but zeb knew what he was doing. he had me meet him in the last car of a certain train departing from powell street station, at a time when that car was filled with the press of bodies. he sidled up to me in the crowd, and the good commuters of san francisco cleared a space for him, the hollow that always surrounds homeless people. "nice to see you again," he muttered, facing into the doorway. looking into the dark glass, i could see that there was no one close enough to eavesdrop -- not without some kind of high-efficiency mic rig, and if they knew enough to show up here with one of those, we were dead anyway. "you too, brother," i said. "i'm -- i'm sorry, you know?" "shut up. don't be sorry. you were braver than i am. are you ready to go underground now? ready to disappear?" "about that." "yes?" "that's not the plan." "oh," he said. "listen, ok? i have -- i have pictures, video. stuff that really *proves* something." i reached into my pocket and tickled masha's phone. i'd bought a charger for it in union square on the way down, and had stopped and plugged it in at a cafe for long enough to get the battery up to four out of five bars. "i need to get it to barbara stratford, the woman from the *guardian*. but they're going to be watching her -- watching to see if i show up." "you don't think that they'll be watching for me, too? if your plan involves me going within a mile of that woman's home or office --" "i want you to get van to come and meet me. did darryl ever tell you about van? the girl --" "he told me. yes, he told me. you don't think they'll be watching her? all of you who were arrested?" "i think they will. i don't think they'll be watching her as hard. and van has totally clean hands. she never cooperated with any of my --" i swallowed. "with my projects. so they might be a little more relaxed about her. if she calls the bay guardian to make an appointment to explain why i'm just full of crap, maybe they'll let her keep it." he stared at the door for a long time. "you know what happens when they catch us again." it wasn't a question. i nodded. "are you sure? some of the people that were on treasure island with us got taken away in helicopters. they got taken *offshore*. there are countries where america can outsource its torture. countries where you will rot forever. countries where you wish they would just get it over with, have you dig a trench and then shoot you in the back of the head as you stand over it." i swallowed and nodded. "is it worth the risk? we can go underground for a long, long time here. someday we might get our country back. we can wait it out." i shook my head. "you can't get anything done by doing nothing. it's our *country*. they've taken it from us. the terrorists who attack us are still free -- but *we're not*. i can't go underground for a year, ten years, my whole life, waiting for freedom to be handed to me. freedom is something you have to take for yourself." # that afternoon, van left school as usual, sitting in the back of the bus with a tight knot of her friends, laughing and joking the way she always did. the other riders on the bus took special note of her, she was so loud, and besides, she was wearing that stupid, giant floppy hat, something that looked like a piece out of a school play about renaissance sword fighters. at one point they all huddled together, then turned away to look out the back of the bus, pointing and giggling. the girl who wore the hat now was the same height as van, and from behind, it could be her. no one paid any attention to the mousy little asian girl who got off a few stops before the bart. she was dressed in a plain old school uniform, and looking down shyly as she stepped off. besides, at that moment, the loud korean girl let out a whoop and her friends followed along, laughing so loudly that even the bus driver slowed down, twisted in his seat and gave them a dirty look. van hurried away down the street with her head down, her hair tied back and dropped down the collar of her out-of-style bubble jacket. she had slipped lifts into her shoes that made her two wobbly, awkward inches taller, and had taken her contacts out and put on her least-favored glasses, with huge lenses that took up half her face. although i'd been waiting in the bus-shelter for her and knew when to expect her, i hardly recognized her. i got up and walked along behind her, across the street, trailing by half a block. the people who passed me looked away as quickly as possible. i looked like a homeless kid, with a grubby cardboard sign, street-grimy overcoat, huge, overstuffed knapsack with duct-tape over its rips. no one wants to look at a street-kid, because if you meet his eye, he might ask you for some spare change. i'd walked around oakland all afternoon and the only person who'd spoken to me was a jehovah's witness and a scientologist, both trying to convert me. it felt gross, like being hit on by a pervert. van followed the directions i'd written down carefully. zeb had passed them to her the same way he'd given me the note outside school -- bumping into her as she waited for the bus, apologizing profusely. i'd written the note plainly and simply, just laying it out for her: i know you don't approve. i understand. but this is it, this is the most important favor i've ever asked of you. please. please. she'd come. i knew she would. we had a lot of history, van and i. she didn't like what had happened to the world, either. besides, an evil, chuckling voice in my head had pointed out, she was under suspicion now that barbara's article was out. we walked like that for six or seven blocks, looking at who was near us, what cars went past. zeb told me about five-person trails, where five different undercovers traded off duties following you, making it nearly impossible to spot them. you had to go somewhere totally desolate, where anyone at all would stand out like a sore thumb. the overpass for the was just a few blocks from the coliseum bart station, and even with all the circling van did, it didn't take long to reach it. the noise from overhead was nearly deafening. no one else was around, not that i could tell. i'd visited the site before i suggested it to van in the note, taking care to check for places where someone could hide. there weren't any. once she stopped at the appointed place, i moved quickly to catch up to her. she blinked owlishly at me from behind her glasses. "marcus," she breathed, and tears swam in her eyes. i found that i was crying too. i'd make a really rotten fugitive. too sentimental. she hugged me so hard i couldn't breathe. i hugged her back even harder. then she kissed me. not on the cheek, not like a sister. full on the lips, a hot, wet, steamy kiss that seemed to go on forever. i was so overcome with emotion -- no, that's bull. i knew exactly what i was doing. i kissed her back. then i stopped and pulled away, nearly shoved her away. "van," i gasped. "oops," she said. "van," i said again. "sorry," she said. "i --" something occurred to me just then, something i guess i should have seen a long, long time before. "you *like* me, don't you?" she nodded miserably. "for years," she said. oh, god. darryl, all these years, so in love with her, and the whole time she was looking at me, secretly wanting me. and then i ended up with ange. ange said that she'd always fought with van. and i was running around, getting into so much trouble. "van," i said. "van, i'm so sorry." "forget it," she said, looking away. "i know it can't be. i just wanted to do that once, just in case i never --" she bit down on the words. "van, i need you to do something for me. something important. i need you to meet with the journalist from the bay guardian, barbara stratford, the one who wrote the article. i need you to give her something." i explained about masha's phone, told her about the video that masha had sent me. "what good will this do, marcus? what's the point?" "van, you were right, at least partly. we can't fix the world by putting other people at risk. i need to solve the problem by telling what i know. i should have done that from the start. should have walked straight out of their custody and to darryl's father's house and told him what i knew. now, though, i have evidence. this stuff -- it could change the world. this is my last hope. the only hope for getting darryl out, for getting a life that i don't spend underground, hiding from the cops. and you're the only person i can trust to do this." "why me?" "you're kidding, right? look at how well you handled getting here. you're a pro. you're the best at this of any of us. you're the only one i can trust. that's why you." "why not your friend angie?" she said the name without any inflection at all, like it was a block of cement. i looked down. "i thought you knew. they arrested her. she's in gitmo -- on treasure island. she's been there for days now." i had been trying not to think about this, not to think about what might be happening to her. now i couldn't stop myself and i started to sob. i felt a pain in my stomach, like i'd been kicked, and i pushed my hands into my middle to hold myself in. i folded there, and the next thing i knew, i was on my side in the rubble under the freeway, holding myself and crying. van knelt down by my side. "give me the phone," she said, her voice an angry hiss. i fished it out of my pocket and passed it to her. embarrassed, i stopped crying and sat up. i knew that snot was running down my face. van was giving me a look of pure revulsion. "you need to keep it from going to sleep," i said. "i have a charger here." i rummaged in my pack. i hadn't slept all the way through the night since i acquired it. i set the phone's alarm to go off every minutes and wake me up so that i could keep it from going to sleep. "don't fold it shut, either." "and the video?" "that's harder," i said. "i emailed a copy to myself, but i can't get onto the xnet anymore." in a pinch, i could have gone back to nate and liam and used their xbox again, but i didn't want to risk it. "look, i'm going to give you my login and password for the pirate party's mail-server. you'll have to use tor to access it -- homeland security is bound to be scanning for people logging into p-party mail." "your login and password," she said, looking a little surprised. "i trust you, van. i know i can trust you." she shook her head. "you *never* give out your passwords, marcus." "i don't think it matters anymore. either you succeed or i -- or it's the end of marcus yallow. maybe i'll get a new identity, but i don't think so. i think they'll catch me. i guess i've known all along that they'd catch me, some day." she looked at me, furious now. "what a waste. what was it all for, anyway?" of all the things she could have said, nothing could have hurt me more. it was like another kick in the stomach. what a waste, all of it, futile. darryl and ange, gone. i might never see my family again. and still, homeland security had my city and my country caught in a massive, irrational shrieking freak-out where anything could be done in the name of stopping terrorism. van looked like she was waiting for me to say something, but i had nothing to say to that. she left me there. # zeb had a pizza for me when i got back "home" -- to the tent under a freeway overpass in the mission that he'd staked out for the night. he had a pup tent, military surplus, stenciled with san francisco local homeless coordinating board. the pizza was a dominos, cold and clabbered, but delicious for all that. "you like pineapple on your pizza?" zeb smiled condescendingly at me. "freegans can't be choosy," he said. "freegans?" "like vegans, but we only eat free food." "free food?" he grinned again. "you know -- *free* food. from the free food store?" "you stole this?" "no, dummy. it's from the other store. the little one out behind the store? made of blue steel? kind of funky smelling?" "you got this out of the garbage?" he flung his head back and cackled. "yes indeedy. you should *see* your face. dude, it's ok. it's not like it was rotten. it was fresh -- just a screwed up order. they threw it out in the box. they sprinkle rat poison over everything at closing-time, but if you get there quick, you're ok. you should see what grocery stores throw out! wait until breakfast. i'm going to make you a fruit salad you won't believe. as soon as one strawberry in the box goes a little green and fuzzy, the whole thing is out --" i tuned him out. the pizza was fine. it wasn't as if sitting in the dumpster would infect it or something. if it was gross, that was only because it came from domino's -- the worst pizza in town. i'd never liked their food, and i'd given it up altogether when i found out that they bankrolled a bunch of ultra-crazy politicians who thought that global warming and evolution were satanic plots. it was hard to shake the feeling of grossness, though. but there *was* another way to look at it. zeb had showed me a secret, something i hadn't anticipated: there was a whole hidden world out there, a way of getting by without participating in the system. "freegans, huh?" "yogurt, too," he said, nodding vigorously. "for the fruit salad. they throw it out the day after the best-before date, but it's not as if it goes green at midnight. it's yogurt, i mean, it's basically just rotten milk to begin with." i swallowed. the pizza tasted funny. rat poison. spoiled yogurt. furry strawberries. this would take some getting used to. i ate another bite. actually, domino's pizza sucked a little less when you got it for free. liam's sleeping bag was warm and welcoming after a long, emotionally exhausting day. van would have made contact with barbara by now. she'd have the video and the picture. i'd call her in the morning and find out what she thought i should do next. i'd have to come in once she published, to back it all up. i thought about that as i closed my eyes, thought about what it would be like to turn myself in, the cameras all rolling, following the infamous m k y into one of those big, columnated buildings in civic center. the sound of the cars screaming by overhead turned into a kind of ocean sound as i drifted away. there were other tents nearby, homeless people. i'd met a few of them that afternoon, before it got dark and we all retreated to huddle near our own tents. they were all older than me, rough looking and gruff. none of them looked crazy or violent, though. just like people who'd had bad luck, or made bad decisions, or both. i must have fallen asleep, because i don't remember anything else until a bright light was shined into my face, so bright it was blinding. "that's him," said a voice behind the light. "bag him," said another voice, one i'd heard before, one i'd heard over and over again in my dreams, lecturing to me, demanding my passwords. severe-haircut-woman. the bag went over my head quickly and was cinched so tight at the throat that i choked and threw up my freegan pizza. as i spasmed and choked, hard hands bound my wrists, then my ankles. i was rolled onto a stretcher and hoisted, then carried into a vehicle, up a couple of clanging metal steps. they dropped me into a padded floor. there was no sound at all in the back of the vehicle once they closed the doors. the padding deadened everything except my own choking. "well, hello again," she said. i felt the van rock as she crawled in with me. i was still choking, trying to gasp in a breath. vomit filled my mouth and trickled down my windpipe. "we won't let you die," she said. "if you stop breathing, we'll make sure you start again. so don't worry about it." i choked harder. i sipped at air. some was getting through. deep, wracking coughs shook my chest and back, dislodging some more of the puke. more breath. "see?" she said. "not so bad. welcome home, m k y. we've got somewhere very special to take you." i relaxed onto my back, feeling the van rock. the smell of used pizza was overwhelming at first, but as with all strong stimuli, my brain gradually grew accustomed to it, filtered it out until it was just a faint aroma. the rocking of the van was almost comforting. that's when it happened. an incredible, deep calm that swept over me like i was lying on the beach and the ocean had swept in and lifted me as gently as a parent, held me aloft and swept me out onto a warm sea under a warm sun. after everything that had happened, i was caught, but it didn't matter. i had gotten the information to barbara. i had organized the xnet. i had won. and if i hadn't won, i had done everything i could have done. more than i ever thought i could do. i took a mental inventory as i rode, thinking of everything that i had accomplished, that *we* had accomplished. the city, the country, the world was full of people who wouldn't live the way dhs wanted us to live. we'd fight forever. they couldn't jail us all. i sighed and smiled. she'd been talking all along, i realized. i'd been so far into my happy place that she'd just gone away. "-- smart kid like you. you'd think that you'd know better than to mess with us. we've had an eye on you since the day you walked out. we would have caught you even if you hadn't gone crying to your lesbo journalist traitor. i just don't get it -- we had an understanding, you and me..." we rumbled over a metal plate, the van's shocks rocking, and then the rocking changed. we were on water. heading to treasure island. hey, ange was there. darryl, too. maybe. # the hood didn't come off until i was in my cell. they didn't bother with the cuffs at my wrists and ankles, just rolled me off the stretcher and onto the floor. it was dark, but by the moonlight from the single, tiny, high window, i could see that the mattress had been taken off the cot. the room contained me, a toilet, a bed-frame, and a sink, and nothing else. i closed my eyes and let the ocean lift me. i floated away. somewhere, far below me, was my body. i could tell what would happen next. i was being left to piss myself. again. i knew what that was like. i'd pissed myself before. it smelled bad. it itched. it was humiliating, like being a baby. but i'd survived it. i laughed. the sound was weird, and it drew me back into my body, back to the present. i laughed and laughed. i'd had the worst that they could throw at me, and i'd survived it, and i'd *beaten them*, beaten them for months, showed them up as chumps and despots. i'd *won*. i let my bladder cut loose. it was sore and full anyway, and no time like the present. the ocean swept me away. # when morning came, two efficient, impersonal guards cut the bindings off of my wrists and ankles. i still couldn't walk -- when i stood, my legs gave way like a stringless marionette's. too much time in one position. the guards pulled my arms over their shoulders and half-dragged/half-carried me down the familiar corridor. the bar codes on the doors were curling up and dangling now, attacked by the salt air. i got an idea. "ange!" i yelled. "darryl!" i yelled. my guards yanked me along faster, clearly disturbed but not sure what to do about it. "guys, it's me, marcus! stay free!" behind one of the doors, someone sobbed. someone else cried out in what sounded like arabic. then it was cacophony, a thousand different shouting voices. they brought me to a new room. it was an old shower-room, with the shower-heads still present in the mould tiles. "hello, m k y," severe haircut said. "you seem to have had an eventful morning." she wrinkled her nose pointedly. "i pissed myself," i said, cheerfully. "you should try it." "maybe we should give you a bath, then," she said. she nodded, and my guards carried me to another stretcher. this one had restraining straps running its length. they dropped me onto it and it was ice-cold and soaked through. before i knew it, they had the straps across my shoulders, hips and ankles. a minute later, three more straps were tied down. a man's hands grabbed the railings by my head and released some catches, and a moment later i was tilted down, my head below my feet. "let's start with something simple," she said. i craned my head to see her. she had turned to a desk with an xbox on it, connected to an expensive-looking flat-panel tv. "i'd like you to tell me your login and password for your pirate party email, please?" i closed my eyes and let the ocean carry me off the beach. "do you know what waterboarding is, m k y?" her voice reeled me in. "you get strapped down like this, and we pour water over your head, up your nose and down your mouth. you can't suppress the gag reflex. they call it a simulated execution, and from what i can tell from this side of the room, that's a fair assessment. you won't be able to fight the feeling that you're dying." i tried to go away. i'd heard of waterboarding. this was it, real torture. and this was just the beginning. i couldn't go away. the ocean didn't sweep in and lift me. there was a tightness in my chest, my eyelids fluttered. i could feel clammy piss on my legs and clammy sweat in my hair. my skin itched from the dried puke. she swam into view above me. "let's start with the login," she said. i closed my eyes, squeezed them shut. "give him a drink," she said. i heard people moving. i took a deep breath and held it. the water started as a trickle, a ladleful of water gently poured over my chin, my lips. up my upturned nostrils. it went back into my throat, starting to choke me, but i wouldn't cough, wouldn't gasp and suck it into my lungs. i held onto my breath and squeezed my eyes harder. there was a commotion from outside the room, a sound of chaotic boots stamping, angry, outraged shouts. the dipper was emptied into my face. i heard her mutter something to someone in the room, then to me she said, "just the login, marcus. it's a simple request. what could i do with your login, anyway?" this time, it was a bucket of water, all at once, a flood that didn't stop, it must have been gigantic. i couldn't help it. i gasped and aspirated the water into my lungs, coughed and took more water in. i knew they wouldn't kill me, but i couldn't convince my body of that. in every fiber of my being, i knew i was going to die. i couldn't even cry -- the water was still pouring over me. then it stopped. i coughed and coughed and coughed, but at the angle i was at, the water i coughed up dribbled back into my nose and burned down my sinuses. the coughs were so deep they hurt, hurt my ribs and my hips as i twisted against them. i hated how my body was betraying me, how my mind couldn't control my body, but there was nothing for it. finally, the coughing subsided enough for me to take in what was going on around me. people were shouting and it sounded like someone was scuffling, wrestling. i opened my eyes and blinked into the bright light, then craned my neck, still coughing a little. the room had a lot more people in it than it had had when we started. most of them seemed to be wearing body armor, helmets, and smoked-plastic visors. they were shouting at the treasure island guards, who were shouting back, necks corded with veins. "stand down!" one of the body-armors said. "stand down and put your hands in the air. you are under arrest!" severe haircut woman was talking on her phone. one of the body armors noticed her and he moved swiftly to her and batted her phone away with a gloved hand. everyone fell silent as it sailed through the air in an arc that spanned the small room, clattering to the ground in a shower of parts. the silence broke and the body-armors moved into the room. two grabbed each of my torturers. i almost managed a smile at the look on severe haircut's face when two men grabbed her by the shoulders, turned her around, and yanked a set of plastic handcuffs around her wrists. one of the body-armors moved forward from the doorway. he had a video camera on his shoulder, a serious rig with blinding white light. he got the whole room, circling me twice while he got me. i found myself staying perfectly still, as though i was sitting for a portrait. it was ridiculous. "do you think you could get me off of this thing?" i managed to get it all out with only a little choking. two more body armors moved up to me, one a woman, and began to unstrap me. they flipped their visors up and smiled at me. they had red crosses on their shoulders and helmets. beneath the red crosses was another insignia: chp. california highway patrol. they were state troopers. i started to ask what they were doing there, and that's when i saw barbara stratford. she'd evidently been held back in the corridor, but now she came in pushing and shoving. "there you are," she said, kneeling beside me and grabbing me in the longest, hardest hug of my life. that's when i knew it -- guantanamo by the bay was in the hands of its enemies. i was saved. &&& chapter [[this chapter is dedicated to pages books in toronto, canada. long a fixture on the bleedingly trendy queen street west strip, pages is located over the road from citytv and just a few doors down from the old bakka store where i worked. we at bakka loved having pages down the street from us: what we were to science fiction, they were to everything else: hand-picked material representing the stuff you'd never find elsewhere, the stuff you didn't know you were looking for until you saw it there. pages also has one of the best news-stands i've ever seen, row on row of incredible magazines and zines from all over the world.]] [[pages books http://pagesbooks.ca/ queen st w, toronto, on m v z canada + ]] they left me and barbara alone in the room then, and i used the working shower head to rinse off -- i was suddenly embarrassed to be covered in piss and barf. when i finished, barbara was in tears. "your parents --" she began. i felt like i might throw up again. god, my poor folks. what they must have gone through. "are they here?" "no," she said. "it's complicated," she said. "what?" "you're still under arrest, marcus. everyone here is. they can't just sweep in and throw open the doors. everyone here is going to have to be processed through the criminal justice system. it could take, well, it could take months." "i'm going to have to stay here for *months*?" she grabbed my hands. "no, i think we're going to be able to get you arraigned and released on bail pretty fast. but pretty fast is a relative term. i wouldn't expect anything to happen today. and it's not going to be like those people had it. it will be humane. there will be real food. no interrogations. visits from your family. "just because the dhs is out, it doesn't mean that you get to just walk out of here. what's happened here is that we're getting rid of the bizarro-world version of the justice system they'd instituted and replacing it with the old system. the system with judges, open trials and lawyers. "so we can try to get you transferred to a juvie facility on the mainland, but marcus, those places can be really rough. really, really rough. this might be the best place for you until we get you bailed out." bailed out. of course. i was a criminal -- i hadn't been charged yet, but there were bound to be plenty of charges they could think of. it was practically illegal just to think impure thoughts about the government. she gave my hands another squeeze. "it sucks, but this is how it has to be. the point is, it's *over*. the governor has thrown the dhs out of the state, dismantled every checkpoint. the attorney general has issued warrants for any law-enforcement officers involved in 'stress interrogations' and secret imprisonments. they'll go to jail, marcus, and it's because of what you did." i was numb. i heard the words, but they hardly made sense. somehow, it was over, but it wasn't over. "look," she said. "we probably have an hour or two before this all settles down, before they come back and put you away again. what do you want to do? walk on the beach? get a meal? these people had an incredible staff room -- we raided it on the way in. gourmet all the way." at last a question i could answer. "i want to find ange. i want to find darryl." # i tried to use a computer i found to look up their cell-numbers, but it wanted a password, so we were reduced to walking the corridors, calling out their names. behind the cell-doors, prisoners screamed back at us, or cried, or begged us to let them go. they didn't understand what had just happened, couldn't see their former guards being herded onto the docks in plastic handcuffs, taken away by california state swat teams. "ange!" i called over the din, "ange carvelli! darryl glover! it's marcus!" we'd walked the whole length of the cell-block and they hadn't answered. i felt like crying. they'd been shipped overseas -- they were in syria or worse. i'd never see them again. i sat down and leaned against the corridor wall and put my face in my hands. i saw severe haircut woman's face, saw her smirk as she asked me for my login. she had done this. she would go to jail for it, but that wasn't enough. i thought that when i saw her again, i might kill her. she deserved it. "come on," barbara said, "come on, marcus. don't give up. there's more around here, come on." she was right. all the doors we'd passed in the cellblock were old, rusting things that dated back to when the base was first built. but at the very end of the corridor, sagging open, was a new high-security door as thick as a dictionary. we pulled it open and ventured into the dark corridor within. there were four more cell-doors here, doors without bar codes. each had a small electronic keypad mounted on it. "darryl?" i said. "ange?" "marcus?" it was ange, calling out from behind the furthest door. ange, my ange, my angel. "ange!" i cried. "it's me, it's me!" "oh god, marcus," she choked out, and then it was all sobs. i pounded on the other doors. "darryl! darryl, are you here?" "i'm here." the voice was very small, and very hoarse. "i'm here. i'm very, very sorry. please. i'm very sorry." he sounded... broken. shattered. "it's me, d," i said, leaning on his door. "it's marcus. it's over -- they arrested the guards. they kicked the department of homeland security out. we're getting trials, open trials. and we get to testify against *them*." "i'm sorry," he said. "please, i'm so sorry." the california patrolmen came to the door then. they still had their camera rolling. "ms stratford?" one said. he had his faceplate up and he looked like any other cop, not like my savior. like someone come to lock me up. "captain sanchez," she said. "we've located two of the prisoners of interest here. i'd like to see them released and inspect them for myself." "ma'am, we don't have access codes for those doors yet," he said. she held up her hand. "that wasn't the arrangement. i was to have complete access to this facility. that came direct from the governor, sir. we aren't budging until you open these cells." her face was perfectly smooth, without a single hint of give or flex. she meant it. the captain looked like he needed sleep. he grimaced. "i'll see what i can do," he said. # they did manage to open the cells, finally, about half an hour later. it took three tries, but they eventually got the right codes entered, matching them to the arphids on the id badges they'd taken off the guards they'd arrested. they got into ange's cell first. she was dressed in a hospital gown, open at the back, and her cell was even more bare than mine had been -- just padding all over, no sink or bed, no light. she emerged blinking into the corridor and the police camera was on her, its bright lights in her face. barbara stepped protectively between us and it. ange stepped tentatively out of her cell, shuffling a little. there was something wrong with her eyes, with her face. she was crying, but that wasn't it. "they drugged me," she said. "when i wouldn't stop screaming for a lawyer." that's when i hugged her. she sagged against me, but she squeezed back, too. she smelled stale and sweaty, and i smelled no better. i never wanted to let go. that's when they opened darryl's cell. he had shredded his paper hospital gown. he was curled up, naked, in the back of the cell, shielding himself from the camera and our stares. i ran to him. "d," i whispered in his ear. "d, it's me. it's marcus. it's over. the guards have been arrested. we're going to get bail, we're going home." he trembled and squeezed his eyes shut. "i'm sorry," he whispered, and turned his face away. they took me away then, a cop in body-armor and barbara, took me back to my cell and locked the door, and that's where i spent the night. # i don't remember much about the trip to the courthouse. they had me chained to five other prisoners, all of whom had been in for a lot longer than me. one only spoke arabic -- he was an old man, and he trembled. the others were all young. i was the only white one. once we had been gathered on the deck of the ferry, i saw that nearly everyone on treasure island had been one shade of brown or another. i had only been inside for one night, but it was too long. there was a light drizzle coming down, normally the sort of thing that would make me hunch my shoulders and look down, but today i joined everyone else in craning my head back at the infinite gray sky, reveling in the stinging wet as we raced across the bay to the ferry-docks. they took us away in buses. the shackles made climbing into the buses awkward, and it took a long time for everyone to load. no one cared. when we weren't struggling to solve the geometry problem of six people, one chain, narrow bus-aisle, we were just looking around at the city around us, up the hill at the buildings. all i could think of was finding darryl and ange, but neither were in evidence. it was a big crowd and we weren't allowed to move freely through it. the state troopers who handled us were gentle enough, but they were still big, armored and armed. i kept thinking i saw darryl in the crowd, but it was always someone else with that same beaten, hunched look that he'd had in his cell. he wasn't the only broken one. at the courthouse, they marched us into interview rooms in our shackle group. an aclu lawyer took our information and asked us a few questions -- when she got to me, she smiled and greeted me by name -- and then led us into the courtroom before the judge. he wore an actual robe, and seemed to be in a good mood. the deal seemed to be that anyone who had a family member to post bail could go free, and everyone else got sent to prison. the aclu lawyer did a lot of talking to the judge, asking for a few more hours while the prisoners' families were rounded up and brought to the court-house. the judge was pretty good about it, but when i realized that some of these people had been locked up since the bridge blew, taken for dead by their families, without trial, subjected to interrogation, isolation, torture -- i wanted to just break the chains myself and set everyone free. when i was brought before the judge, he looked down at me and took off his glasses. he looked tired. the aclu lawyer looked tired. the bailiffs looked tired. behind me, i could hear a sudden buzz of conversation as my name was called by the bailiff. the judge rapped his gavel once, without looking away from me. he scrubbed at his eyes. "mr yallow," he said, "the prosecution has identified you as a flight risk. i think they have a point. you certainly have more, shall we say, *history*, than the other people here. i am tempted to hold you over for trial, no matter how much bail your parents are prepared to post." my lawyer started to say something, but the judge silenced her with a look. he scrubbed at his eyes. "do you have anything to say?" "i had the chance to run," i said. "last week. someone offered to take me away, get me out of town, help me build a new identity. instead i stole her phone, escaped from our truck, and ran away. i turned over her phone -- which had evidence about my friend, darryl glover, on it -- to a journalist and hid out here, in town." "you stole a phone?" "i decided that i couldn't run. that i had to face justice -- that my freedom wasn't worth anything if i was a wanted man, or if the city was still under the dhs. if my friends were still locked up. that freedom for me wasn't as important as a free country." "but you did steal a phone." i nodded. "i did. i plan on giving it back, if i ever find the young woman in question." "well, thank you for that speech, mr yallow. you are a very well spoken young man." he glared at the prosecutor. "some would say a very brave man, too. there was a certain video on the news this morning. it suggested that you had some legitimate reason to evade the authorities. in light of that, and of your little speech here, i will grant bail, but i will also ask the prosecutor to add a charge of misdemeanor petty theft to the count, as regards the matter of the phone. for this, i expect another $ , in bail." he banged his gavel again, and my lawyer gave my hand a squeeze. he looked down at me again and re-seated his glasses. he had dandruff, there on the shoulders of his robe. a little more rained down as his glasses touched his wiry, curly hair. "you can go now, young man. stay out of trouble." # i turned to go and someone tackled me. it was dad. he literally lifted me off my feet, hugging me so hard my ribs creaked. he hugged me the way i remembered him hugging me when i was a little boy, when he'd spin me around and around in hilarious, vomitous games of airplane that ended with him tossing me in the air and catching me and squeezing me like that, so hard it almost hurt. a set of softer hands pried me gently out of his arms. mom. she held me at arm's length for a moment, searching my face for something, not saying anything, tears streaming down her face. she smiled and it turned into a sob and then she was holding me too, and dad's arm encircled us both. when they let go, i managed to finally say something. "darryl?" "his father met me somewhere else. he's in the hospital." "when can i see him?" "it's our next stop," dad said. he was grim. "he doesn't --" he stopped. "they say he'll be ok," he said. his voice was choked. "how about ange?" "her mother took her home. she wanted to wait here for you, but..." i understood. i felt full of understanding now, for how all the families of all the people who'd been locked away must feel. the courtroom was full of tears and hugs, and even the bailiffs couldn't stop it. "let's go see darryl," i said. "and let me borrow your phone?" i called ange on the way to the hospital where they were keeping darryl -- san francisco general, just down the street from us -- and arranged to see her after dinner. she talked in a hurried whisper. her mom wasn't sure whether to punish her or not, but ange didn't want to tempt fate. there were two state troopers in the corridor where darryl was being held. they were holding off a legion of reporters who stood on tiptoe to see around them and get pictures. the flashes popped in our eyes like strobes, and i shook my head to clear it. my parents had brought me clean clothes and i'd changed in the back seat, but i still felt gross, even after scrubbing myself in the court-house bathrooms. some of the reporters called my name. oh yeah, that's right, i was famous now. the state troopers gave me a look, too -- either they'd recognized my face or my name when the reporters called it out. darryl's father met us at the door of his hospital room, speaking in a whisper too low for the reporters to hear. he was in civvies, the jeans and sweater i normally thought of him wearing, but he had his service ribbons pinned to his breast. "he's sleeping," he said. "he woke up a little while ago and he started crying. he couldn't stop. they gave him something to help him sleep." he led us in, and there was darryl, his hair clean and combed, sleeping with his mouth open. there was white stuff at the corners of his mouth. he had a semi-private room, and in the other bed there was an older arab-looking guy, in his s. i realized it was the guy i'd been chained to on the way off of treasure island. we exchanged embarrassed waves. then i turned back to darryl. i took his hand. his nails had been chewed to the quick. he'd been a nail-biter when he was a kid, but he'd kicked the habit when we got to high school. i think van talked him out of it, telling him how gross it was for him to have his fingers in his mouth all the time. i heard my parents and darryl's dad take a step away, drawing the curtains around us. i put my face down next to his on the pillow. he had a straggly, patchy beard that reminded me of zeb. "hey, d," i said. "you made it. you're going to be ok." he snored a little. i almost said, "i love you," a phrase i'd only said to one non-family-member ever, a phrase that was weird to say to another guy. in the end, i just gave his hand another squeeze. poor darryl. &&& epilogue [[this chapter is dedicated to hudson booksellers, the booksellers that are in practically every airport in the usa. most of the hudson stands have just a few titles (though those are often surprisingly diverse), but the big ones, like the one in the aa terminal at chicago's o'hare, are as good as any neighborhood store. it takes something special to bring a personal touch to an airport, and hudson's has saved my mind on more than one long chicago layover.]] [[hudson booksellers http://www.hudsongroup.com/hudsonbooksellers_s.html]] barbara called me at the office on july th weekend. i wasn't the only one who'd come into work on the holiday weekend, but i was the only one whose excuse was that my day-release program wouldn't let me leave town. in the end, they convicted me of stealing masha's phone. can you believe that? the prosecution had done a deal with my lawyer to drop all charges related to "electronic terrorism" and "inciting riots" in exchange for my pleading guilty to the misdemeanor petty theft charge. i got three months in a day-release program with a half-way house for juvenile offenders in the mission. i slept at the halfway house, sharing a dorm with a bunch of actual criminals, gang kids and druggie kids, a couple of real nuts. during the day, i was "free" to go out and work at my "job." "marcus, they're letting her go," she said. "who?" "johnstone, carrie johnstone," she said. "the closed military tribunal cleared her of any wrongdoing. the file is sealed. she's being returned to active duty. they're sending her to iraq." carrie johnstone was severe haircut woman's name. it came out in the preliminary hearings at the california superior court, but that was just about all that came out. she wouldn't say a word about who she took orders from, what she'd done, who had been imprisoned and why. she just sat, perfectly silent, day after day, in the courthouse. the feds, meanwhile, had blustered and shouted about the governor's "unilateral, illegal" shut-down of the treasure island facility, and the mayor's eviction of fed cops from san francisco. a lot of those cops had ended up in state prisons, along with the guards from gitmo-by-the-bay. then, one day, there was no statement from the white house, nothing from the state capitol. and the next day, there was a dry, tense press-conference held jointly on the steps of the governor's mansion, where the head of the dhs and the governor announced their "understanding." the dhs would hold a closed, military tribunal to investigate "possible errors in judgment" committed after the attack on the bay bridge. the tribunal would use every tool at its disposal to ensure that criminal acts were properly punished. in return, control over dhs operations in california would go through the state senate, which would have the power to shut down, inspect, or re-prioritize all homeland security in the state. the roar of the reporters had been deafening and barbara had gotten the first question in. "mr governor, with all due respect: we have incontrovertible video evidence that marcus yallow, a citizen of this state, native born, was subjected to a simulated execution by dhs officers, apparently acting on orders from the white house. is the state really willing to abandon any pretense of justice for its citizens in the face of illegal, barbaric *torture*?" her voice trembled, but didn't crack. the governor spread his hands. "the military tribunals will accomplish justice. if mr yallow -- or any other person who has cause to fault the department of homeland security -- wants further justice, he is, of course, entitled to sue for such damages as may be owing to him from the federal government." that's what i was doing. over twenty thousand civil lawsuits were filed against the dhs in the week after the governor's announcement. mine was being handled by the aclu, and they'd filed motions to get at the results of the closed military tribunals. so far, the courts were pretty sympathetic to this. but i hadn't expected this. "she got off totally scot-free?" "the press release doesn't say much. 'after a thorough examination of the events in san francisco and in the special anti-terror detention center on treasure island, it is the finding of this tribunal that ms johnstone's actions do not warrant further discipline.' there's that word, 'further' -- like they've already punished her." i snorted. i'd dreamed of carrie johnstone nearly every night since i was released from gitmo-by-the-bay. i'd seen her face looming over mine, that little snarly smile as she told the man to give me a "drink." "marcus --" barbara said, but i cut her off. "it's fine. it's fine. i'm going to do a video about this. get it out over the weekend. mondays are big days for viral video. everyone'll be coming back from the holiday weekend, looking for something funny to forward around school or the office." i saw a shrink twice a week as part of my deal at the halfway house. once i'd gotten over seeing that as some kind of punishment, it had been good. he'd helped me focus on doing constructive things when i was upset, instead of letting it eat me up. the videos helped. "i have to go," i said, swallowing hard to keep the emotion out of my voice. "take care of yourself, marcus," barbara said. ange hugged me from behind as i hung up the phone. "i just read about it online," she said. she read a million newsfeeds, pulling them with a headline reader that sucked up stories as fast as they ended up on the wire. she was our official blogger, and she was good at it, snipping out the interesting stories and throwing them online like a short order cook turning around breakfast orders. i turned around in her arms so that i was hugging her from in front. truth be told, we hadn't gotten a lot of work done that day. i wasn't allowed to be out of the halfway house after dinner time, and she couldn't visit me there. we saw each other around the office, but there were usually a lot of other people around, which kind of put a crimp in our cuddling. being alone in the office for a day was too much temptation. it was hot and sultry, too, which meant we were both in tank-tops and shorts, a lot of skin-to-skin contact as we worked next to each other. "i'm going to make a video," i said. "i want to release it today." "good," she said. "let's do it." ange read the press-release. i did a little monologue, synched over that famous footage of me on the water-board, eyes wild in the harsh light of the camera, tears streaming down my face, hair matted and flecked with barf. "this is me. i am on a waterboard. i am being tortured in a simulated execution. the torture is supervised by a woman called carrie johnstone. she works for the government. you might remember her from this video." i cut in the video of johnstone and kurt rooney. "that's johnstone and secretary of state kurt rooney, the president's chief strategist." *"the nation does not love that city. as far as they're concerned, it is a sodom and gomorrah of fags and atheists who deserve to rot in hell. the only reason the country cares what they think in san francisco is that they had the good fortune to have been blown to hell by some islamic terrorists."* "he's talking about the city where i live. at last count, , of my neighbors were killed on the day he's talking about. but some of them may not have been killed. some of them disappeared into the same prison where i was tortured. some mothers and fathers, children and lovers, brothers and sisters will never see their loved ones again -- because they were secretly imprisoned in an illegal jail right here in the san francisco bay. they were shipped overseas. the records were meticulous, but carrie johnstone has the encryption keys." i cut back to carrie johnstone, the footage of her sitting at the board table with rooney, laughing. i cut in the footage of johnstone being arrested. "when they arrested her, i thought we'd get justice. all the people she broke and disappeared. but the president --" i cut to a still of him laughing and playing golf on one of his many holidays "-- and his chief strategist --" now a still of rooney shaking hands with an infamous terrorist leader who used to be on "our side" "-- intervened. they sent her to a secret military tribunal and now that tribunal has cleared her. somehow, they saw nothing wrong with all of this." i cut in a photomontage of the hundreds of shots of prisoners in their cells that barbara had published on the bay guardian's site the day we were released. "we elected these people. we pay their salaries. they're supposed to be on our side. they're supposed to defend our freedoms. but these people --" a series of shots of johnstone and the others who'd been sent to the tribunal "-- betrayed our trust. the election is four months away. that's a lot of time. enough for you to go out and find five of your neighbors -- five people who've given up on voting because their choice is 'none of the above.' "talk to your neighbors. make them promise to vote. make them promise to take the country back from the torturers and thugs. the people who laughed at my friends as they lay fresh in their graves at the bottom of the harbor. make them promise to talk to their neighbors. "most of us choose none of the above. it's not working. you have to choose -- choose freedom. "my name is marcus yallow. i was tortured by my country, but i still love it here. i'm seventeen years old. i want to grow up in a free country. i want to live in a free country." i faded out to the logo of the website. ange had built it, with help from jolu, who got us all the free hosting we could ever need on pigspleen. the office was an interesting place. technically we were called coalition of voters for a free america, but everyone called us the xnetters. the organization -- a charitable nonprofit -- had been co-founded by barbara and some of her lawyer friends right after the liberation of treasure island. the funding was kicked off by some tech millionaires who couldn't believe that a bunch of hacker kids had kicked the dhs's ass. sometimes, they'd ask us to go down the peninsula to sand hill road, where all the venture capitalists were, and give a little presentation on xnet technology. there were about a zillion startups who were trying to make a buck on the xnet. whatever -- i didn't have to have anything to do with it, and i got a desk and an office with a storefront, right there on valencia street, where we gave away paranoidxbox cds and held workshops on building better wifi antennas. a surprising number of average people dropped in to make personal donations, both of hardware (you can run paranoidlinux on just about anything, not just xbox universals) and cash money. they loved us. the big plan was to launch our own arg in september, just in time for the election, and to really tie it in with signing up voters and getting them to the polls. only percent of americans showed up at the polls for the last election -- nonvoters had a huge majority. i kept trying to get darryl and van to one of our planning sessions, but they kept on declining. they were spending a lot of time together, and van insisted that it was totally nonromantic. darryl wouldn't talk to me much at all, though he sent me long emails about just about everything that wasn't about van or terrorism or prison. ange squeezed my hand. "god, i hate that woman," she said. i nodded. "just one more rotten thing this country's done to iraq," i said. "if they sent her to my town, i'd probably become a terrorist." "you did become a terrorist when they sent her to your town." "so i did," i said. "are you going to ms galvez's hearing on monday?" "totally." i'd introduced ange to ms galvez a couple weeks before, when my old teacher invited me over for dinner. the teacher's union had gotten a hearing for her before the board of the unified school district to argue for getting her old job back. they said that fred benson was coming out of (early) retirement to testify against her. i was looking forward to seeing her again. "do you want to go get a burrito?" "totally." "let me get my hot-sauce," she said. i checked my email one more time -- my pirateparty email, which still got a dribble of messages from old xnetters who hadn't found my coalition of voters address yet. the latest message was from a throwaway email address from one of the new brazilian anonymizers. > found her, thanks. you didn't tell me she was so h wt. "who's *that* from?" i laughed. "zeb," i said. "remember zeb? i gave him masha's email address. i figured, if they're both underground, might as well introduce them to one another." "he thinks masha is *cute*?" "give the guy a break, he's clearly had his mind warped by circumstances." "and you?" "me?" "yeah -- was your mind warped by circumstances?" i held ange out at arm's length and looked her up and down and up and down. i held her cheeks and stared through her thick-framed glasses into her big, mischievous tilted eyes. i ran my fingers through her hair. "ange, i've never thought more clearly in my whole life." she kissed me then, and i kissed her back, and it was some time before we went out for that burrito. &&& afterword by bruce schneier i'm a security technologist. my job is making people secure. i think about security systems and how to break them. then, how to make them more secure. computer security systems. surveillance systems. airplane security systems and voting machines and rfid chips and everything else. cory invited me into the last few pages of his book because he wanted me to tell you that security is fun. it's incredibly fun. it's cat and mouse, who can outsmart whom, hunter versus hunted fun. i think it's the most fun job you can possibly have. if you thought it was fun to read about marcus outsmarting the gait-recognition cameras with rocks in his shoes, think of how much more fun it would be if you were the first person in the world to think of that. working in security means knowing a lot about technology. it might mean knowing about computers and networks, or cameras and how they work, or the chemistry of bomb detection. but really, security is a mindset. it's a way of thinking. marcus is a great example of that way of thinking. he's always looking for ways a security system fails. i'll bet he couldn't walk into a store without figuring out a way to shoplift. not that he'd do it -- there's a difference between knowing how to defeat a security system and actually defeating it -- but he'd know he could. it's how security people think. we're constantly looking at security systems and how to get around them; we can't help it. this kind of thinking is important no matter what side of security you're on. if you've been hired to build a shoplift-proof store, you'd better know how to shoplift. if you're designing a camera system that detects individual gaits, you'd better plan for people putting rocks in their shoes. because if you don't, you're not going to design anything good. so when you're wandering through your day, take a moment to look at the security systems around you. look at the cameras in the stores you shop at. (do they prevent crime, or just move it next door?) see how a restaurant operates. (if you pay after you eat, why don't more people just leave without paying?) pay attention at airport security. (how could you get a weapon onto an airplane?) watch what the teller does at a bank. (bank security is designed to prevent tellers from stealing just as much as it is to prevent you from stealing.) stare at an anthill. (insects are all about security.) read the constitution, and notice all the ways it provides people with security against government. look at traffic lights and door locks and all the security systems on television and in the movies. figure out how they work, what threats they protect against and what threats they don't, how they fail, and how they can be exploited. spend enough time doing this, and you'll find yourself thinking differently about the world. you'll start noticing that many of the security systems out there don't actually do what they claim to, and that much of our national security is a waste of money. you'll understand privacy as essential to security, not in opposition. you'll stop worrying about things other people worry about, and start worrying about things other people don't even think about. sometimes you'll notice something about security that no one has ever thought about before. and maybe you'll figure out a new way to break a security system. it was only a few years ago that someone invented phishing. i'm frequently amazed how easy it is to break some pretty big-name security systems. there are a lot of reasons for this, but the big one is that it's impossible to prove that something is secure. all you can do is try to break it -- if you fail, you know that it's secure enough to keep *you* out, but what about someone who's smarter than you? anyone can design a security system so strong he himself can't break it. think about that for a second, because it's not obvious. no one is qualified to analyze their own security designs, because the designer and the analyzer will be the same person, with the same limits. someone else has to analyze the security, because it has to be secure against things the designers didn't think of. this means that all of us have to analyze the security that other people design. and surprisingly often, one of us breaks it. marcus's exploits aren't far-fetched; that kind of thing happens all the time. go onto the net and look up "bump key" or "bic pen kryptonite lock"; you'll find a couple of really interesting stories about seemingly strong security defeated by pretty basic technology. and when that happens, be sure to publish it on the internet somewhere. secrecy and security aren't the same, even though it may seem that way. only bad security relies on secrecy; good security works even if all the details of it are public. and publishing vulnerabilities forces security designers to design better security, and makes us all better consumers of security. if you buy a kryptonite bike lock and it can be defeated with a bic pen, you're not getting very good security for your money. and, likewise, if a bunch of smart kids can defeat the dhs's antiterrorist technologies, then it's not going to do a very good job against real terrorists. trading privacy for security is stupid enough; not getting any actual security in the bargain is even stupider. so close the book and go. the world is full of security systems. hack one of them. bruce schneier http://www.schneier.com &&& afterword by andrew "bunnie" huang, xbox hacker   hackers are explorers, digital pioneers. it's in a hacker's nature to question conventions and be tempted by intricate problems. any complex system is sport for a hacker; a side effect of this is the hacker's natural affinity for problems involving security. society is a large and complex system, and is certainly not off limits to a little hacking. as a result, hackers are often stereotyped as iconoclasts and social misfits, people who defy social norms for the sake of defiance. when i hacked the xbox in while at mit, i wasn�t doing it to rebel or to cause harm; i was just following a natural impulse, the same impulse that leads to fixing a broken ipod or exploring the roofs and tunnels at mit.    unfortunately, the combination of not complying with social norms and knowing �threatening� things like how to read the arphid on your credit card or how to pick locks causes some people to fear hackers. however, the motivations of a hacker are typically as simple as �i�m an engineer because i like to design things.� people often ask me, �why did you hack the xbox security system?� and my answer is simple: first, i own the things that i buy. if someone can tell me what i can and can�t run on my hardware, then i don�t own it. second, because it�s there. it�s a system of sufficient complexity to make good sport. it was a great diversion from the late nights working on my phd.   i was lucky. the fact that i was a graduate student at mit when i hacked the xbox legitimized the activity in the eyes of the right people. however, the right to hack shouldn�t only be extended to academics. i got my start on hacking when i was just a boy in elementary school, taking apart every electronic appliance i could get my hands on, much to my parents� chagrin. my reading collection included books on model rocketry, artillery, nuclear weaponry and explosives manufacture -- books that i borrowed from my school library (i think the cold war influenced the reading selection in public schools). i also played with my fair share of ad-hoc fireworks and roamed the open construction sites of houses being raised in my midwestern neighborhood. while not the wisest of things to do, these were important experiences in my coming of age and i grew up to be a free thinker because of the social tolerance and trust of my community.   current events have not been so kind to aspiring hackers. little brother shows how we can get from where we are today to a world where social tolerance for new and different thoughts dies altogether. a recent event highlights exactly how close we are to crossing the line into the world of little brother. i had the fortune of reading an early draft of little brother back in november . fast forward two months to the end of january , when boston police found suspected explosive devices and shut down the city for a day. these devices turned out to be nothing more than circuit boards with flashing leds, promoting a show for the cartoon network. the artists who placed this urban graffiti were taken in as suspected terrorists and ultimately charged with felony; the network producers had to shell out a $ million settlement, and the head of the cartoon network resigned over the fallout.  have the terrorists already won? have we given in to fear, such that artists, hobbyists, hackers, iconoclasts, or perhaps an unassuming group of kids playing harajuku fun madness, could be so trivially implicated as terrorists? there is a term for this dysfunction -- it is called an autoimmune disease, where an organism's defense system goes into overdrive so much that it fails to recognize itself and attacks its own cells. ultimately, the organism self-destructs. right now, america is on the verge of going into anaphylactic shock over its own freedoms, and we need to inoculate ourselves against this. technology is no cure for this paranoia; in fact, it may enhance the paranoia: it turns us into prisoners of our own device. coercing millions of people to strip off their outer garments and walk barefoot through metal detectors every day is no solution either. it only serves to remind the population every day that they have a reason to be afraid, while in practice providing only a flimsy barrier to a determined adversary. the truth is that we can't count on someone else to make us feel free, and m k y won�t come and save us the day our freedoms are lost to paranoia. that's because m k y is in you and in me--little brother is a reminder that no matter how unpredictable the future may be, we don't win freedom through security systems, cryptography, interrogations and spot searches. we win freedom by having the courage and the conviction to live every day freely and to act as a free society, no matter how great the threats are on the horizon. be like m k y: step out the door and dare to be free. &&& bibliography no writer creates from scratch -- we all engage in what isaac newton called "standing on the shoulders of giants." we borrow, plunder and remix the art and culture created by those around us and by our literary forebears. if you liked this book and want to learn more, there are plenty of sources to turn to, online and at your local library or bookstore. hacking is a great subject. all science relies on telling other people what you've done so that they can verify it, learn from it, and improve on it, and hacking is all about that process, so there's plenty published on the subject. start with andrew "bunnie" huang's "hacking the xbox," (no starch press, ) a wonderful book that tells the story of how bunnie, then a student at mit, reverse-engineered the xbox's anti-tampering mechanisms and opened the way for all the subsequent cool hacks for the platform. in telling the story, bunnie has also created a kind of bible for reverse engineering and hardware hacking. bruce schneier's "secrets and lies" (wiley, ) and "beyond fear" (copernicus, ) are the definitive lay-person's texts on understanding security and thinking critically about it, while his "applied cryptography" (wiley, ) remains the authoritative source for understanding crypto. bruce maintains an excellent blog and mailing list at schneier.com/blog. crypto and security are the realm of the talented amateur, and the "cypherpunk" movement is full of kids, home-makers, parents, lawyers, and every other stripe of person, hammering away on security protocols and ciphers. there are several great magazines devoted to this subject, but the two best ones are : the hacker quarterly, which is full of pseudonymous, boasting accounts of hacks accomplished, and o'reilly's make magazine, which features solid howtos for making your own hardware projects at home. the online world overflows with material on this subject, of course. ed felten and alex j halderman's freedom to tinker (www.freedom-to-tinker.com) is a blog maintained by two fantastic princeton engineering profs who write lucidly about security, wiretapping, anti-copying technology and crypto. don't miss natalie jeremijenko's "feral robotics" at uc san diego (xdesign.ucsd.edu/feralrobots/). natalie and her students rewire toy robot dogs from toys r us and turn them into bad-ass toxic-waste detectors. they unleash them on public parks where big corporations have dumped their waste and demonstrate in media-friendly fashion how toxic the ground is. like many of the hacks in this book, the tunneling-over-dns stuff is real. dan kaminsky, a tunneling expert of the first water, published details in (www.doxpara.com/bo .ppt). the guru of "citizen journalism" is dan gillmor, who is presently running center for citizen media at harvard and uc berkeley -- he also wrote a hell of a book on the subject, "we, the media" (o'reilly, ). if you want to learn more about hacking arphids, start with annalee newitz's wired magazine article "the rfid hacking underground" (www.wirednews.com/wired/archive/ . /rfid.html). adam greenfield's "everyware" (new riders press, ) is a chilling look at the dangers of a world of arphids. neal gershenfeld's fab lab at mit (fab.cba.mit.edu) is hacking out the world's first real, cheap " d printers" that can pump out any object you can dream of. this is documented in gershenfeld's excellent book on the subject, "fab" (basic books, ). bruce sterling's "shaping things" (mit press, ) shows how arphids and fabs could be used to force companies to build products that don't poison the world. speaking of bruce sterling, he wrote the first great book on hackers and the law, "the hacker crackdown" (bantam, ), which is also the first book published by a major publisher that was released on the internet at the same time (copies abound; see stuff.mit.edu/hacker/hacker.html for one). it was reading this book that turned me on to the electronic frontier foundation, where i was privileged to work for four years. the electronic frontier foundation (www.eff.org) is a charitable membership organization with a student rate. they spend the money that private individuals give them to keep the internet safe for personal liberty, free speech, due process, and the rest of the bill of rights. they're the internet's most effective freedom fighters, and you can join the struggle just by signing up for their mailing list and writing to your elected officials when they're considering selling you out in the name of fighting terrorism, piracy, the mafia, or whatever bogeyman has caught their attention today. eff also helps maintain tor, the onion router, which is a real technology you can use *right now* to get out of your government, school or library's censoring firewall (tor.eff.org). eff has a huge, deep website with amazing information aimed at a general audience, as do the american civil liberties union (aclu.org), public knowledge (publicknowledge.org), freeculture (freeculture.org), creative commons (creativecommons.org) -- all of which also are worthy of your support. freeculture is an international student movement that actively recruits kids to found their own local chapters at their high schools and universities. it's a great way to get involved and make a difference. a lot of websites chronicle the fight for cyberliberties, but few go at it with the verve of slashdot, "news for nerds, stuff that matters" (slashdot.org). and of course, you *have to* visit wikipedia, the collaborative, net-authored encyclopedia that anyone can edit, with more than , , entries in english alone. wikipedia covers hacking and counterculture in astonishing depth and with amazing, up-to-the-nanosecond currency. one caution: you can't just look at the entries in wikipedia. it's really important to look at the "history" and "discussion" links at the top of every wikipedia page to see how the current version of the truth was arrived at, get an appreciation for the competing points-of-view there, and decide for yourself whom you trust. if you want to get at some *real* forbidden knowledge, have a skim around cryptome (cryptome.org), the world's most amazing archive of secret, suppressed and liberated information. cryptome's brave publishers collect material that's been pried out of the state by freedom of information act requests or leaked by whistle-blowers and publishes it. the best fictional account of the history of crypto is, hands-down, neal stephenson's cryptonomicon (avon, ). stephenson tells the story of alan turing and the nazi enigma machine, turning it into a gripping war-novel that you won't be able to put down. the pirate party mentioned in little brother is real and thriving in sweden (www.piratpartiet.se), denmark, the usa and france at the time of this writing (july, ). they're a little out-there, but a movement takes all kinds. speaking of out-there, abbie hoffman and the yippies did indeed try to levitate the pentagon, throw money into the stock exchange, and work with a group called the up against the wall motherf_____ers. abbie hoffman's classic book on ripping off the system, "steal this book," is back in print (four walls eight windows, ) and it's also online as a collaborative wiki for people who want to try to update it (stealthiswiki.nine pages.com). hoffman's autobiography, "soon to be a major motion picture" (also in print from four walls eight windows) is one of my favorite memoirs ever, even if it is highly fictionalized. hoffman was an incredible storyteller and had great activist instincts. if you want to know how he really lived his life, though, try larry sloman's "steal this dream" (doubleday, ). more counterculture fun: jack kerouac's "on the road" can be had in practically any used bookstore for a buck or two. allan ginsberg's "howl" is online in many places, and you can hear him read it if you search for the mp at archive.org. for bonus points, track down the album "tenderness junction" by the fugs, which includes the audio of allan ginsberg and abbie hoffman's levitation ceremony at the pentagon. this book couldn't have been written if not for george orwell's magnificent, world-changing " ," the best novel ever published on how societies go wrong. i read this book when i was and have read it or times since, and every time, i get something new out of it. orwell was a master of storytelling and was clearly sick over the totalitarian state that emerged in the soviet union. holds up today as a genuinely frightening work of science fiction, and it is one of the novels that literally changed the world. today, "orwellian" is synonymous with a state of ubiquitous surveillance, doublethink, and torture. many novelists have tackled parts of the story in little brother. daniel pinkwater's towering comic masterpiece, "alan mendelsohn: the boy from mars" (presently in print as part of the omnibus " novels," farrar, straus and giroux, ) is a book that every geek needs to read. if you've ever felt like an outcast for being too smart or weird, read this book. it changed my life. on a more contemporary front, there's scott westerfeld's "so yesterday" (razorbill, ), which follows the adventures of cool hunters and counterculture jammers. scott and his wife justine larbalestier were my partial inspiration to write a book for young adults -- as was kathe koja. thanks, guys. &&& acknowledgments this book owes a tremendous debt to many writers, friends, mentors, and heroes who made it possible. for the hackers and cypherpunks: bunnie huang, seth schoen, ed felten, alex halderman, gweeds, natalie jeremijenko, emmanuel goldstein, aaron swartz for the heroes: mitch kapor, john gilmore, john perry barlow, larry lessig, shari steele, cindy cohn, fred von lohmann, jamie boyle, george orwell, abbie hoffman, joe trippi, bruce schneier, ross dowson, harry kopyto, tim o'reilly for the writers: bruce sterling, kathe koja, scott westerfeld, justine larbalestier, pat york, annalee newitz, dan gillmor, daniel pinkwater, kevin pouslen, wendy grossman, jay lake, ben rosenbaum for the friends: fiona romeo, quinn norton, danny o'brien, jon gilbert, danah boyd, zak hanna, emily hurson, grad conn, john henson, amanda foubister, xeni jardin, mark frauenfelder, david pescovitz, john battelle, karl levesque, kate miles, neil and tara-lee doctorow, rael dornfest, ken snider for the mentors: judy merril, roz and gord doctorow, harriet wolff, jim kelly, damon knight, scott edelman thank you all for giving me the tools to think and write about these ideas. &&&$ creative commons creative commons legal code attribution-noncommercial-sharealike . unported creative commons corporation is not a law firm and does not provide legal services. distribution of this license does not create an attorney-client relationship. creative commons provides this information on an "as-is" basis. creative commons makes no warranties regarding the information provided, and disclaims liability for damages resulting from its 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