118 STAT. 3669 PUBLIC LAW 108–458—DEC. 17, 2004 establishment, implementation, and maintenance of the ISE; (C) identify and, as appropriate, recommend the consolidation and elimination of current programs, systems, and processes used by Federal departments and agencies to share information, and recommend, as appropriate, the redirection of existing resources to support the ISE; (D) identify gaps, if any, between existing technologies, programs and systems used by Federal departments and agencies to share information and the parameters of the proposed information sharing environment; (E) recommend solutions to address any gaps identified under subparagraph (D); (F) recommend means by which the ISE can be extended to allow interchange of information between Fed- eral departments and agencies and appropriate authorities of State and local governments; and (G) recommend whether or not, and by which means, the ISE should be expanded so as to allow future expansion encompassing other relevant categories of information. (3) CONSULTATION.—In performing its duties, the Informa- tion Sharing Council shall consider input from persons and entities outside the Federal Government having significant experience and expertise in policy, technical matters, and oper- ational matters relating to the ISE. (4) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The Information Sharing Council shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (h) PERFORMANCE MANAGEMENT REPORTS.— (1) IN GENERAL.—Not later than two years after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on the state of the ISE and of information sharing across the Federal Govern- ment. (2) CONTENT.—Each report under this subsection shall include— (A) a progress report on the extent to which the ISE has been implemented, including how the ISE has fared on the performance measures and whether the performance goals set in the preceding year have been met; (B) objective system-wide performance goals for the following year; (C) an accounting of how much was spent on the ISE in the preceding year; (D) actions taken to ensure that procurement of and investments in systems and technology are consistent with the implementation plan for the ISE; (E) the extent to which all terrorism watch lists are available for combined searching in real time through the ISE and whether there are consistent standards for placing individuals on, and removing individuals from, the watch lists, including the availability of processes for correcting errors; (F) the extent to which State, tribal, and local officials are participating in the ISE; VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00203 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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