97–107 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–796 

INTELLIGENCE REFORM AND TERRORISM PREVENTION 

ACT OF 2004 

DECEMBER 7, 2004.—Ordered to be printed 

Mr. HOEKSTRA, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany S. 2845] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the House to the bill (S. 2845), 

to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for 

other purposes, having met, after full and free conference, have 

agreed to recommend and do recommend to their respective Houses 

as follows: 

That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the House 

amendment, insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence 

Reform and Terrorism Prevention Act of 2004’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is 

as follows: 

TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY 

Sec. 1001. Short title. 

Subtitle A—Establishment of Director of National Intelligence 

Sec. 1011. Reorganization and improvement of management of intelligence community. 

Sec. 1012. Revised definition of national intelligence. 

Sec. 1013. Joint procedures for operational coordination between Department of Defense and Central Intelligence Agency. 

Sec. 1014. Role of Director of National Intelligence in appointment of certain officials responsible for intelligence-related activities. 

Sec. 1015. Executive Schedule matters. 

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Sec. 1016. Information sharing. 

Sec. 1017. Alternative analysis of intelligence by the intelligence community. 

Sec. 1018. Presidential guidelines on implementation and preservation of authorities. 

Sec. 1019. Assignment of responsibilities relating to analytic integrity. 

Sec. 1020. Safeguard of objectivity in intelligence analysis. 

Subtitle B—National Counterterrorism Center, National Counter Proliferation 

Center, and National Intelligence Centers 

Sec. 1021. National Counterterrorism Center. 

Sec. 1022. National Counter Proliferation Center. 

Sec. 1023. National intelligence centers. 

Subtitle C—Joint Intelligence Community Council 

Sec. 1031. Joint Intelligence Community Council. 

Subtitle D—Improvement of Education for the Intelligence Community 

Sec. 1041. Additional education and training requirements. 

Sec. 1042. Cross-disciplinary education and training. 

Sec. 1043. Intelligence Community Scholarship Program. 

Subtitle E—Additional Improvements of Intelligence Activities 

Sec. 1051. Service and national laboratories and the intelligence community. 

Sec. 1052. Open-source intelligence. 

Sec. 1053. National Intelligence Reserve Corps. 

Subtitle F—Privacy and Civil Liberties 

Sec. 1061. Privacy and Civil Liberties Oversight Board. 

Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers. 

Subtitle G—Conforming and Other Amendments 

Sec. 1071. Conforming amendments relating to roles of Director of National Intelligence and Director of the Central Intelligence Agency. 

Sec. 1072. Other conforming amendments. 

Sec. 1073. Elements of intelligence community under National Security Act of 1947. 

Sec. 1074. Redesignation of National Foreign Intelligence Program as National Intelligence Program. 

Sec. 1075. Repeal of superseded authority. 

Sec. 1076. Clerical amendments to National Security Act of 1947. 

Sec. 1077. Conforming amendments relating to prohibiting dual service of the Director of the Central Intelligence Agency. 

Sec. 1078. Authority to establish inspector general for the Office of the Director of 

National Intelligence. 

Sec. 1079. Ethics matters. 

Sec. 1080. Construction of authority of Director of National Intelligence to acquire 

and manage property and services. 

Sec. 1081. General references. 

Subtitle H—Transfer, Termination, Transition, and Other Provisions 

Sec. 1091. Transfer of Community Management Staff. 

Sec. 1092. Transfer of Terrorist Threat Integration Center. 

Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence. 

Sec. 1094. Implementation plan. 

Sec. 1095. Director of National Intelligence report on implementation of intelligence 

community reform. 

Sec. 1096. Transitional authorities. 

Sec. 1097. Effective dates. 

Subtitle I—Other Matters 

Sec. 1101. Study of promotion and professional military education school selection 

rates for military intelligence officers. 

Sec. 1102. Extension and improvement of authorities of Public Interest Declassification Board. 

Sec. 1103. Severability. 

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TITLE II—FEDERAL BUREAU OF INVESTIGATION 

Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Investigation. 

Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation. 

Sec. 2003. Federal Bureau of Investigation intelligence career service. 

Sec. 2004. Federal Bureau of Investigation Reserve Service. 

Sec. 2005. Federal Bureau of Investigation mandatory separation age. 

Sec. 2006. Federal Bureau of Investigation use of translators. 

TITLE III—SECURITY CLEARANCES 

Sec. 3001. Security clearances. 

TITLE IV—TRANSPORTATION SECURITY 

Subtitle A—National Strategy for Transportation Security 

Sec. 4001. National Strategy for Transportation Security. 

Subtitle B—Aviation Security 

Sec. 4011. Provision for the use of biometric or other technology. 

Sec. 4012. Advanced airline passenger prescreening. 

Sec. 4013. Deployment and use of detection equipment at airport screening checkpoints. 

Sec. 4014. Advanced airport checkpoint screening devices. 

Sec. 4015. Improvement of screener job performance. 

Sec. 4016. Federal air marshals. 

Sec. 4017. International agreements to allow maximum deployment of Federal air 

marshals. 

Sec. 4018. Foreign air marshal training. 

Sec. 4019. In-line checked baggage screening. 

Sec. 4020. Checked baggage screening area monitoring. 

Sec. 4021. Wireless communication. 

Sec. 4022. Improved pilot licenses. 

Sec. 4023. Aviation security staffing. 

Sec. 4024. Improved explosive detection systems. 

Sec. 4025. Prohibited items list. 

Sec. 4026. Man-Portable Air Defense Systems (MANPADs). 

Sec. 4027. Technical corrections. 

Sec. 4028. Report on secondary flight deck barriers. 

Sec. 4029. Extension of authorization of aviation security funding. 

Subtitle C—Air Cargo Security 

Sec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage containers. 

Sec. 4052. Air cargo security. 

Sec. 4053. Air cargo security regulations. 

Sec. 4054. Report on international air cargo threats. 

Subtitle D—Maritime Security 

Sec. 4071. Watch lists for passengers aboard vessels. 

Sec. 4072. Deadlines for completion of certain plans, reports, and assessments. 

Subtitle E—General Provisions 

Sec. 4081. Definitions. 

Sec. 4082. Effective date. 

TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS 

Subtitle A—Advanced Technology Northern Border Security Pilot Program 

Sec. 5101. Establishment. 

Sec. 5102. Program requirements. 

Sec. 5103. Administrative provisions. 

Sec. 5104. Report. 

Sec. 5105. Authorization of appropriations. 

Subtitle B—Border and Immigration Enforcement 

Sec. 5201. Border surveillance. 

Sec. 5202. Increase in full-time Border Patrol agents. 

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Sec. 5203. Increase in full-time immigration and customs enforcement investigators. 

Sec. 5204. Increase in detention bed space. 

Subtitle C—Visa Requirements 

Sec. 5301. In person interviews of visa applicants. 

Sec. 5302. Visa application requirements. 

Sec. 5303. Effective date. 

Sec. 5304. Revocation of visas and other travel documentation. 

Subtitle D—Immigration Reform 

Sec. 5401. Bringing in and harboring certain aliens. 

Sec. 5402. Deportation of aliens who have received military-type training from terrorist organizations. 

Sec. 5403. Study and report on terrorists in the asylum system. 

Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, 

or Other Atrocities Abroad 

Sec. 5501. Inadmissibility and deportability of aliens who have committed acts of 

torture or extrajudicial killings abroad. 

Sec. 5502. Inadmissibility and deportability of foreign government officials who 

have committed particularly severe violations of religious freedom. 

Sec. 5503. Waiver of inadmissibility. 

Sec. 5504. Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severe violations of religious freedom. 

Sec. 5505. Establishment of the Office of Special Investigations. 

Sec. 5506. Report on implementation. 

TITLE VI—TERRORISM PREVENTION 

Subtitle A—Individual Terrorists as Agents of Foreign Powers 

Sec. 6001. Individual terrorists as agents of foreign powers. 

Sec. 6002. Additional semiannual reporting requirements under the Foreign Intelligence Surveillance Act of 1978. 

Subtitle B—Money Laundering and Terrorist Financing 

Sec. 6101. Additional authorization for finCEN. 

Sec. 6102. Money laundering and financial crimes strategy reauthorization. 

Subtitle C—Money Laundering Abatement and Financial Antiterrorism Technical 

Corrections 

Sec. 6201. Short title. 

Sec. 6202. Technical corrections to Public Law 107–56. 

Sec. 6203. Technical corrections to other provisions of law. 

Sec. 6204. Repeal of review. 

Sec. 6205. Effective date. 

Subtitle D—Additional Enforcement Tools 

Sec. 6301. Bureau of Engraving and Printing security printing. 

Sec. 6302. Reporting of certain cross-border transmittal of funds. 

Sec. 6303. Terrorism financing. 

Subtitle E—Criminal History Background Checks 

Sec. 6401. Protect Act. 

Sec. 6402. Reviews of criminal records of applicants for private security officer employment. 

Sec. 6403. Criminal history background checks. 

Subtitle F—Grand Jury Information Sharing 

Sec. 6501. Grand jury information sharing. 

Subtitle G—Providing Material Support to Terrorism 

Sec. 6601. Short title. 

Sec. 6602. Receiving military-type training from a foreign terrorist organization. 

Sec. 6603. Additions to offense of providing material support to terrorism. 

Sec. 6604. Financing of terrorism. 

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Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004 

Sec. 6701. Short title. 

Sec. 6702. Hoaxes and recovery costs. 

Sec. 6703. Obstruction of justice and false statements in terrorism cases. 

Sec. 6704. Clarification of definition. 

Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004 

Sec. 6801. Short title. 

Sec. 6802. Weapons of mass destruction. 

Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the 

United States. 

Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004 

Sec. 6901. Short title. 

Sec. 6902. Findings and purpose. 

Sec. 6903. Missile systems designed to destroy aircraft. 

Sec. 6904. Atomic weapons. 

Sec. 6905. Radiological dispersal devices. 

Sec. 6906. Variola virus. 

Sec. 6907. Interception of communications. 

Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code. 

Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United States Code. 

Sec. 6910. Export licensing process. 

Sec. 6911. Clerical amendments. 

Subtitle K—Pretrial Detention of Terrorists 

Sec. 6951. Short title. 

Sec. 6952. Presumption for pretrial detention in cases involving terrorism. 

TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS 

Sec. 7001. Short title. 

Subtitle A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism 

Sec. 7101. Findings. 

Sec. 7102. Terrorist sanctuaries. 

Sec. 7103. United States commitment to the future of Pakistan. 

Sec. 7104. Assistance for Afghanistan. 

Sec. 7105. The relationship between the United States and Saudi Arabia. 

Sec. 7106. Efforts to combat Islamist terrorism. 

Sec. 7107. United States policy toward dictatorships. 

Sec. 7108. Promotion of free media and other American values. 

Sec. 7109. Public diplomacy responsibilities of the Department of State. 

Sec. 7110. Public diplomacy training. 

Sec. 7111. Promoting democracy and human rights at international organizations. 

Sec. 7112. Expansion of United States scholarship and exchange programs in the Islamic world. 

Sec. 7112. Pilot program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships. 

Sec. 7113. International Youth Opportunity Fund. 

Sec. 7114. The use of economic policies to combat terrorism. 

Sec. 7115. Middle East partnership initiative. 

Sec. 7116. Comprehensive coalition strategy for fighting terrorism. 

Sec. 7117. Financing of terrorism. 

Sec. 7118. Designation of foreign terrorist organizations. 

Sec. 7119. Report to Congress. 

Sec. 7120. Case-Zablocki Act requirements. 

Sec. 7121. Effective date. 

Subtitle B—Terrorist Travel and Effective Screening 

Sec. 7201. Counterterrorist travel intelligence. 

Sec. 7202. Establishment of human smuggling and trafficking center. 

Sec. 7203. Responsibilities and functions of consular officers. 

Sec. 7204. International agreements to track and curtail terrorist travel through the 

use of fraudulently obtained documents. 

Sec. 7205. International standards for transliteration of names into the Roman alphabet for international travel documents and name-based watchlist 

systems. 

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Sec. 7206. Immigration security initiative. 

Sec. 7207. Certification regarding technology for visa waiver participants. 

Sec. 7208. Biometric entry and exit data system. 

Sec. 7209. Travel documents. 

Sec. 7210. Exchange of terrorist information and increased preinspection at foreign 

airports. 

Sec. 7211. Minimum standards for birth certificates. 

Sec. 7212. Driver’s licenses and personal identification cards. 

Sec. 7213. Social security cards and numbers. 

Sec. 7214. Prohibition of the display of social security account numbers on driver’s 

licenses or motor vehicle registrations. 

Sec. 7215. Terrorist travel program. 

Sec. 7216. Increase in penalties for fraud and related activity. 

Sec. 7217. Study on allegedly lost or stolen passports. 

Sec. 7218. Establishment of visa and passport security program in the Department 

of State. 

Sec. 7219. Effective date. 

Sec. 7220. Identification standards. 

Subtitle C—National Preparedness 

Sec. 7301. The incident command system. 

Sec. 7302. National capital region mutual aid. 

Sec. 7303. Enhancement of public safety communications interoperability. 

Sec. 7304. Regional model strategic plan pilot projects. 

Sec. 7305. Private sector preparedness. 

Sec. 7306. Critical infrastructure and readiness assessments. 

Sec. 7307. Northern command and defense of the United States homeland. 

Sec. 7308. Effective date. 

Subtitle D—Homeland Security 

Sec. 7401. Sense of Congress on first responder funding. 

Sec. 7402. Coordination of industry efforts. 

Sec. 7403. Study regarding nationwide emergency notification system. 

Sec. 7404. Pilot study to move warning systems into the modern digital age. 

Sec. 7405. Required coordination. 

Sec. 7406. Emergency preparedness compacts. 

Sec. 7407. Responsibilities of counternarcotics office. 

Sec. 7408. Use of counternarcotics enforcement activities in certain employee performance appraisals. 

Subtitle E—Public Safety Spectrum 

Sec. 7501. Digital television conversion deadline. 

Sec. 7502. Studies on telecommunications capabilities and requirements. 

Subtitle F—Presidential Transition 

Sec. 7601. Presidential transition. 

Subtitle G—Improving International Standards and Cooperation to Fight Terrorist 

Financing 

Sec. 7701. Improving international standards and cooperation to fight terrorist financing. 

Sec. 7702. Definitions. 

Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the 

Treasury. 

Sec. 7704. Coordination of United States Government efforts. 

Subtitle H—Emergency Financial Preparedness 

Sec. 7801. Delegation authority of the Secretary of the Treasury. 

Sec. 7802. Treasury support for financial services industry preparedness and response and consumer education. 

Sec. 7803. Emergency Securities Response Act of 2004. 

Sec. 7804. Private sector preparedness. 

TITLE VIII—OTHER MATTERS 

Subtitle A—Intelligence Matters 

Sec. 8101. Intelligence community use of National Infrastructure Simulation and 

Analysis Center. 

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Subtitle B—Department of Homeland Security Matters 

Sec. 8201. Homeland security geospatial information. 

Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection 

Sec. 8301. Short title. 

Sec. 8302. Mission of Department of Homeland Security. 

Sec. 8303. Officer for Civil Rights and Civil Liberties. 

Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector General. 

Sec. 8305. Privacy officer. 

Sec. 8306. Protections for human research subjects of the Department of Homeland 

Security. 

Subtitle D—Other Matters 

Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency planning 

for information security needs. 

Sec. 8402. Enterprise architecture. 

Sec. 8403. Financial disclosure and records. 

Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended 

air passenger service. 

TITLE I—REFORM OF THE 

INTELLIGENCE COMMUNITY 

SEC. 1001. SHORT TITLE. 

This title may be cited as the ‘‘National Security Intelligence 

Reform Act of 2004’’. 

Subtitle A—Establishment of Director of 

National Intelligence 

SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT 

OF INTELLIGENCE COMMUNITY. 

(a) IN GENERAL.—Title I of the National Security Act of 1947 

(50 U.S.C. 402 et seq.) is amended by striking sections 102 through 

104 and inserting the following new sections: 

‘‘DIRECTOR OF NATIONAL INTELLIGENCE

‘‘SEC. 102. (a) DIRECTOR OF NATIONAL INTELLIGENCE.—(1) 

There is a Director of National Intelligence who shall be appointed 

by the President, by and with the advice and consent of the Senate. 

Any individual nominated for appointment as Director of National 

Intelligence shall have extensive national security expertise. 

‘‘(2) The Director of National Intelligence shall not be located 

within the Executive Office of the President. 

‘‘(b) PRINCIPAL RESPONSIBILITY.—Subject to the authority, direction, and control of the President, the Director of National Intelligence shall— 

‘‘(1) serve as head of the intelligence community; 

‘‘(2) act as the principal adviser to the President, to the National Security Council, and the Homeland Security Council for 

intelligence matters related to the national security; and 

‘‘(3) consistent with section 1018 of the National Security 

Intelligence Reform Act of 2004, oversee and direct the implementation of the National Intelligence Program. 

‘‘(c) PROHIBITION ON DUAL SERVICE.—The individual serving in 

the position of Director of National Intelligence shall not, while so 

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serving, also serve as the Director of the Central Intelligence Agency 

or as the head of any other element of the intelligence community. 

‘‘RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL

INTELLIGENCE

‘‘SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1) The Director 

of National Intelligence shall be responsible for ensuring that national intelligence is provided— 

‘‘(A) to the President; 

‘‘(B) to the heads of departments and agencies of the executive branch; 

‘‘(C) to the Chairman of the Joint Chiefs of Staff and senior 

military commanders; 

‘‘(D) to the Senate and House of Representatives and the 

committees thereof; and 

‘‘(E) to such other persons as the Director of National Intelligence determines to be appropriate. 

‘‘(2) Such national intelligence should be timely, objective, independent of political considerations, and based upon all sources 

available to the intelligence community and other appropriate entities. 

‘‘(b) ACCESS TO INTELLIGENCE.—Unless otherwise directed by 

the President, the Director of National Intelligence shall have access 

to all national intelligence and intelligence related to the national 

security which is collected by any Federal department, agency, or 

other entity, except as otherwise provided by law or, as appropriate, 

under guidelines agreed upon by the Attorney General and the Director of National Intelligence. 

‘‘(c) BUDGET AUTHORITIES.—(1) With respect to budget requests 

and appropriations for the National Intelligence Program, the Director of National Intelligence shall— 

‘‘(A) based on intelligence priorities set by the President, 

provide to the heads of departments containing agencies or organizations within the intelligence community, and to the heads 

of such agencies and organizations, guidance for developing the 

National Intelligence Program budget pertaining to such agencies and organizations; 

‘‘(B) based on budget proposals provided to the Director of 

National Intelligence by the heads of agencies and organizations within the intelligence community and the heads of their 

respective departments and, as appropriate, after obtaining the 

advice of the Joint Intelligence Community Council, develop 

and determine an annual consolidated National Intelligence 

Program budget; and 

‘‘(C) present such consolidated National Intelligence Program budget, together with any comments from the heads of departments containing agencies or organizations within the intelligence community, to the President for approval. 

‘‘(2) In addition to the information provided under paragraph 

(1)(B), the heads of agencies and organizations within the intelligence community shall provide the Director of National Intelligence such other information as the Director shall request for the 

purpose of determining the annual consolidated National Intelligence Program budget under that paragraph. 

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‘‘(3)(A) The Director of National Intelligence shall participate in 

the development by the Secretary of Defense of the annual budgets 

for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities. 

‘‘(B) The Director of National Intelligence shall provide guidance for the development of the annual budget for each element of 

the intelligence community that is not within the National Intelligence Program. 

‘‘(4) The Director of National Intelligence shall ensure the effective execution of the annual budget for intelligence and intelligencerelated activities. 

‘‘(5)(A) The Director of National Intelligence shall be responsible 

for managing appropriations for the National Intelligence Program 

by directing the allotment or allocation of such appropriations 

through the heads of the departments containing agencies or organizations within the intelligence community and the Director of the 

Central Intelligence Agency, with prior notice (including the provision of appropriate supporting information) to the head of the department containing an agency or organization receiving any such 

allocation or allotment or the Director of the Central Intelligence 

Agency. 

‘‘(B) Notwithstanding any other provision of law, pursuant to 

relevant appropriations Acts for the National Intelligence Program, 

the Director of the Office of Management and Budget shall exercise 

the authority of the Director of the Office of Management and Budget to apportion funds, at the exclusive direction of the Director of 

National Intelligence, for allocation to the elements of the intelligence community through the relevant host executive departments 

and the Central Intelligence Agency. Department comptrollers or appropriate budget execution officers shall allot, allocate, reprogram, 

or transfer funds appropriated for the National Intelligence Program in an expeditious manner. 

‘‘(C) The Director of National Intelligence shall monitor the implementation and execution of the National Intelligence Program by 

the heads of the elements of the intelligence community that manage 

programs and activities that are part of the National Intelligence 

Program, which may include audits and evaluations. 

‘‘(6) Apportionment and allotment of funds under this subsection shall be subject to chapter 13 and section 1517 of title 31, 

United States Code, and the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.). 

‘‘(7)(A) The Director of National Intelligence shall provide a 

semi-annual report, beginning April 1, 2005, and ending April 1, 

2007, to the President and the Congress regarding implementation 

of this section. 

‘‘(B) The Director of National Intelligence shall report to the 

President and the Congress not later than 15 days after learning of 

any instance in which a departmental comptroller acts in a manner 

inconsistent with the law (including permanent statutes, authorization Acts, and appropriations Acts), or the direction of the Director 

of National Intelligence, in carrying out the National Intelligence 

Program. 

‘‘(d) ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN TRANSFER AND REPROGRAMMING OF FUNDS.—(1)(A) No funds made available under the National Intelligence Program may be transferred or 

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reprogrammed without the prior approval of the Director of National Intelligence, except in accordance with procedures prescribed 

by the Director of National Intelligence. 

‘‘(B) The Secretary of Defense shall consult with the Director of 

National Intelligence before transferring or reprogramming funds 

made available under the Joint Military Intelligence Program. 

‘‘(2) Subject to the succeeding provisions of this subsection, the 

Director of National Intelligence may transfer or reprogram funds 

appropriated for a program within the National Intelligence Program to another such program. 

‘‘(3) The Director of National Intelligence may only transfer or 

reprogram funds referred to in subparagraph (A)— 

‘‘(A) with the approval of the Director of the Office of Management and Budget; and 

‘‘(B) after consultation with the heads of departments containing agencies or organizations within the intelligence community to the extent such agencies or organizations are affected, 

and, in the case of the Central Intelligence Agency, after consultation with the Director of the Central Intelligence Agency. 

‘‘(4) The amounts available for transfer or reprogramming in 

the National Intelligence Program in any given fiscal year, and the 

terms and conditions governing such transfers and 

reprogrammings, are subject to the provisions of annual appropriations Acts and this subsection. 

‘‘(5)(A) A transfer or reprogramming of funds or personnel may 

be made under this subsection only if— 

‘‘(i) the funds are being transferred to an activity that is a 

higher priority intelligence activity; 

‘‘(ii) the transfer or reprogramming supports an emergent 

need, improves program effectiveness, or increases efficiency; 

‘‘(iii) the transfer or reprogramming does not involve a 

transfer or reprogramming of funds to a Reserve for Contingencies of the Director of National Intelligence or the Reserve 

for Contingencies of the Central Intelligence Agency; 

‘‘(iv) the transfer or reprogramming results in a cumulative 

transfer or reprogramming of funds out of any department or 

agency, as appropriate, funded in the National Intelligence Program in a single fiscal year— 

‘‘(I) that is less than $150,000,000, and 

‘‘(II) that is less than 5 percent of amounts available to 

a department or agency under the National Intelligence 

Program; and 

‘‘(v) the transfer or reprogramming does not terminate an 

acquisition program. 

‘‘(B) A transfer or reprogramming may be made without regard 

to a limitation set forth in clause (iv) or (v) of subparagraph (A) if 

the transfer has the concurrence of the head of the department involved or the Director of the Central Intelligence Agency (in the case 

of the Central Intelligence Agency). The authority to provide such 

concurrence may only be delegated by the head of the department 

or agency involved to the deputy of such officer. 

‘‘(6) Funds transferred or reprogrammed under this subsection 

shall remain available for the same period as the appropriations account to which transferred or reprogrammed. 

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‘‘(7) Any transfer or reprogramming of funds under this subsection shall be carried out in accordance with existing procedures 

applicable to reprogramming notifications for the appropriate congressional committees. Any proposed transfer or reprogramming for 

which notice is given to the appropriate congressional committees 

shall be accompanied by a report explaining the nature of the proposed transfer or reprogramming and how it satisfies the requirements of this subsection. In addition, the congressional intelligence 

committees shall be promptly notified of any transfer or reprogramming of funds made pursuant to this subsection in any case in 

which the transfer or reprogramming would not have otherwise required reprogramming notification under procedures in effect as of 

the date of the enactment of this subsection. 

‘‘(e) TRANSFER OF PERSONNEL.—(1)(A) In addition to any other 

authorities available under law for such purposes, in the first twelve 

months after establishment of a new national intelligence center, the 

Director of National Intelligence, with the approval of the Director 

of the Office of Management and Budget and in consultation with 

the congressional committees of jurisdiction referred to in subparagraph (B), may transfer not more than 100 personnel authorized for 

elements of the intelligence community to such center. 

‘‘(B) The Director of National Intelligence shall promptly provide notice of any transfer of personnel made pursuant to this paragraph to— 

‘‘(i) the congressional intelligence committees; 

‘‘(ii) the Committees on Appropriations of the Senate and 

the House of Representatives; 

‘‘(iii) in the case of the transfer of personnel to or from the 

Department of Defense, the Committees on Armed Services of 

the Senate and the House of Representatives; and 

‘‘(iv) in the case of the transfer of personnel to or from the 

Department of Justice, to the Committees on the Judiciary of 

the Senate and the House of Representatives. 

‘‘(C) The Director shall include in any notice under subparagraph (B) an explanation of the nature of the transfer and how it 

satisfies the requirements of this subsection. 

‘‘(2)(A) The Director of National Intelligence, with the approval 

of the Director of the Office of Management and Budget and in accordance with procedures to be developed by the Director of National Intelligence and the heads of the departments and agencies 

concerned, may transfer personnel authorized for an element of the 

intelligence community to another such element for a period of not 

more than 2 years. 

‘‘(B) A transfer of personnel may be made under this paragraph 

only if— 

‘‘(i) the personnel are being transferred to an activity that 

is a higher priority intelligence activity; and 

‘‘(ii) the transfer supports an emergent need, improves program effectiveness, or increases efficiency. 

‘‘(C) The Director of National Intelligence shall promptly provide notice of any transfer of personnel made pursuant to this paragraph to— 

‘‘(i) the congressional intelligence committees; 

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‘‘(ii) in the case of the transfer of personnel to or from the 

Department of Defense, the Committees on Armed Services of 

the Senate and the House of Representatives; and 

‘‘(iii) in the case of the transfer of personnel to or from the 

Department of Justice, to the Committees on the Judiciary of 

the Senate and the House of Representatives. 

‘‘(D) The Director shall include in any notice under subparagraph (C) an explanation of the nature of the transfer and how it 

satisfies the requirements of this paragraph. 

‘‘(3) It is the sense of Congress that— 

‘‘(A) the nature of the national security threats facing the 

United States will continue to challenge the intelligence community to respond rapidly and flexibly to bring analytic resources 

to bear against emerging and unforeseen requirements; 

‘‘(B) both the Office of the Director of National Intelligence 

and any analytic centers determined to be necessary should be 

fully and properly supported with appropriate levels of personnel resources and that the President’s yearly budget requests 

adequately support those needs; and 

‘‘(C) the President should utilize all legal and administrative discretion to ensure that the Director of National Intelligence and all other elements of the intelligence community 

have the necessary resources and procedures to respond promptly and effectively to emerging and unforeseen national security 

challenges. 

‘‘(f) TASKING AND OTHER AUTHORITIES.—(1)(A) The Director of 

National Intelligence shall— 

‘‘(i) establish objectives, priorities, and guidance for the intelligence community to ensure timely and effective collection, 

processing, analysis, and dissemination (including access by 

users to collected data consistent with applicable law and, as 

appropriate, the guidelines referred to in subsection (b) and 

analytic products generated by or within the intelligence community) of national intelligence; 

‘‘(ii) determine requirements and priorities for, and manage 

and direct the tasking of, collection, analysis, production, and 

dissemination of national intelligence by elements of the intelligence community, including— 

‘‘(I) approving requirements (including those requirements responding to needs provided by consumers) for collection and analysis; and 

‘‘(II) resolving conflicts in collection requirements and 

in the tasking of national collection assets of the elements 

of the intelligence community; and 

‘‘(iii) provide advisory tasking to intelligence elements of 

those agencies and departments not within the National Intelligence Program. 

‘‘(B) The authority of the Director of National Intelligence under 

subparagraph (A) shall not apply— 

‘‘(i) insofar as the President so directs; 

‘‘(ii) with respect to clause (ii) of subparagraph (A), insofar 

as the Secretary of Defense exercises tasking authority under 

plans or arrangements agreed upon by the Secretary of Defense 

and the Director of National Intelligence; or 

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‘‘(iii) to the direct dissemination of information to State 

government and local government officials and private sector 

entities pursuant to sections 201 and 892 of the Homeland Security Act of 2002 (6 U.S.C. 121, 482). 

‘‘(2) The Director of National Intelligence shall oversee the National Counterterrorism Center and may establish such other national intelligence centers as the Director determines necessary. 

‘‘(3)(A) The Director of National Intelligence shall prescribe, in 

consultation with the heads of other agencies or elements of the intelligence community, and the heads of their respective departments, 

personnel policies and programs applicable to the intelligence community that— 

‘‘(i) encourage and facilitate assignments and details of personnel to national intelligence centers, and between elements of 

the intelligence community; 

‘‘(ii) set standards for education, training, and career development of personnel of the intelligence community; 

‘‘(iii) encourage and facilitate the recruitment and retention 

by the intelligence community of highly qualified individuals 

for the effective conduct of intelligence activities; 

‘‘(iv) ensure that the personnel of the intelligence community are sufficiently diverse for purposes of the collection and 

analysis of intelligence through the recruitment and training of 

women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds; 

‘‘(v) make service in more than one element of the intelligence community a condition of promotion to such positions 

within the intelligence community as the Director shall specify; 

and 

‘‘(vi) ensure the effective management of intelligence community personnel who are responsible for intelligence community-wide matters. 

‘‘(B) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies otherwise applicable to members of the uniformed services. 

‘‘(4) The Director of National Intelligence shall ensure compliance with the Constitution and laws of the United States by the 

Central Intelligence Agency and shall ensure such compliance by 

other elements of the intelligence community through the host executive departments that manage the programs and activities that are 

part of the National Intelligence Program. 

‘‘(5) The Director of National Intelligence shall ensure the elimination of waste and unnecessary duplication within the intelligence 

community. 

‘‘(6) The Director of National Intelligence shall establish requirements and priorities for foreign intelligence information to be 

collected under the Foreign Intelligence Surveillance Act of 1978 (50 

U.S.C. 1801 et seq.), and provide assistance to the Attorney General 

to ensure that information derived from electronic surveillance or 

physical searches under that Act is disseminated so it may be used 

efficiently and effectively for national intelligence purposes, except 

that the Director shall have no authority to direct or undertake electronic surveillance or physical search operations pursuant to that 

Act unless authorized by statute or Executive order. 

14 

‘‘(7) The Director of National Intelligence shall perform such 

other functions as the President may direct. 

‘‘(8) Nothing in this title shall be construed as affecting the role 

of the Department of Justice or the Attorney General under the Foreign Intelligence Surveillance Act of 1978. 

‘‘(g) INTELLIGENCE INFORMATION SHARING.—(1) The Director of 

National Intelligence shall have principal authority to ensure maximum availability of and access to intelligence information within 

the intelligence community consistent with national security requirements. The Director of National Intelligence shall— 

‘‘(A) establish uniform security standards and procedures; 

‘‘(B) establish common information technology standards, 

protocols, and interfaces; 

‘‘(C) ensure development of information technology systems 

that include multi-level security and intelligence integration capabilities; 

‘‘(D) establish policies and procedures to resolve conflicts 

between the need to share intelligence information and the need 

to protect intelligence sources and methods; 

‘‘(E) develop an enterprise architecture for the intelligence 

community and ensure that elements of the intelligence community comply with such architecture; and 

‘‘(F) have procurement approval authority over all enterprise architecture-related information technology items funded 

in the National Intelligence Program. 

‘‘(2) The President shall ensure that the Director of National Intelligence has all necessary support and authorities to fully and effectively implement paragraph (1). 

‘‘(3) Except as otherwise directed by the President or with the 

specific written agreement of the head of the department or agency 

in question, a Federal agency or official shall not be considered to 

have met any obligation to provide any information, report, assessment, or other material (including unevaluated intelligence information) to that department or agency solely by virtue of having provided that information, report, assessment, or other material to the 

Director of National Intelligence or the National Counterterrorism 

Center. 

‘‘(4) Not later than February 1 of each year, the Director of National Intelligence shall submit to the President and to the Congress 

an annual report that identifies any statute, regulation, policy, or 

practice that the Director believes impedes the ability of the Director 

to fully and effectively implement paragraph (1). 

‘‘(h) ANALYSIS.—To ensure the most accurate analysis of intelligence is derived from all sources to support national security 

needs, the Director of National Intelligence shall— 

‘‘(1) implement policies and procedures— 

‘‘(A) to encourage sound analytic methods and 

tradecraft throughout the elements of the intelligence community; 

‘‘(B) to ensure that analysis is based upon all sources 

available; and 

‘‘(C) to ensure that the elements of the intelligence community regularly conduct competitive analysis of analytic 

products, whether such products are produced by or disseminated to such elements; 

15 

‘‘(2) ensure that resource allocation for intelligence analysis 

is appropriately proportional to resource allocation for intelligence collection systems and operations in order to maximize 

analysis of all collected data; 

‘‘(3) ensure that differences in analytic judgment are fully 

considered and brought to the attention of policymakers; and 

‘‘(4) ensure that sufficient relationships are established between intelligence collectors and analysts to facilitate greater 

understanding of the needs of analysts. 

‘‘(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS.— (1) The Director of National Intelligence shall protect intelligence 

sources and methods from unauthorized disclosure. 

‘‘(2) Consistent with paragraph (1), in order to maximize the 

dissemination of intelligence, the Director of National Intelligence 

shall establish and implement guidelines for the intelligence community for the following purposes: 

‘‘(A) Classification of information under applicable law, Executive orders, or other Presidential directives. 

‘‘(B) Access to and dissemination of intelligence, both in 

final form and in the form when initially gathered. 

‘‘(C) Preparation of intelligence products in such a way that 

source information is removed to allow for dissemination at the 

lowest level of classification possible or in unclassified form to 

the extent practicable. 

‘‘(3) The Director may only delegate a duty or authority given 

the Director under this subsection to the Principal Deputy Director 

of National Intelligence. 

‘‘(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED INFORMATION.—The Director of National Intelligence, subject to the 

direction of the President, shall— 

‘‘(1) establish uniform standards and procedures for the 

grant of access to sensitive compartmented information to any 

officer or employee of any agency or department of the United 

States and to employees of contractors of those agencies or departments; 

‘‘(2) ensure the consistent implementation of those standards and procedures throughout such agencies and departments; 

‘‘(3) ensure that security clearances granted by individual 

elements of the intelligence community are recognized by all elements of the intelligence community, and under contracts entered into by those agencies; and 

‘‘(4) ensure that the process for investigation and adjudication of an application for access to sensitive compartmented information is performed in the most expeditious manner possible 

consistent with applicable standards for national security. 

‘‘(k) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the 

direction of the President and in a manner consistent with section 

207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director 

of National Intelligence shall oversee the coordination of the relationships between elements of the intelligence community and the 

intelligence or security services of foreign governments or international organizations on all matters involving intelligence related 

to the national security or involving intelligence acquired through 

clandestine means. 

16 

‘‘(l) ENHANCED PERSONNEL MANAGEMENT.—(1)(A) The Director 

of National Intelligence shall, under regulations prescribed by the 

Director, provide incentives for personnel of elements of the intelligence community to serve— 

‘‘(i) on the staff of the Director of National Intelligence; 

‘‘(ii) on the staff of the national intelligence centers; 

‘‘(iii) on the staff of the National Counterterrorism Center; 

and 

‘‘(iv) in other positions in support of the intelligence community management functions of the Director. 

‘‘(B) Incentives under subparagraph (A) may include financial 

incentives, bonuses, and such other awards and incentives as the 

Director considers appropriate. 

‘‘(2)(A) Notwithstanding any other provision of law, the personnel of an element of the intelligence community who are assigned 

or detailed under paragraph (1)(A) to service under the Director of 

National Intelligence shall be promoted at rates equivalent to or better than personnel of such element who are not so assigned or detailed. 

‘‘(B) The Director may prescribe regulations to carry out this 

section. 

‘‘(3)(A) The Director of National Intelligence shall prescribe 

mechanisms to facilitate the rotation of personnel of the intelligence 

community through various elements of the intelligence community 

in the course of their careers in order to facilitate the widest possible 

understanding by such personnel of the variety of intelligence requirements, methods, users, and capabilities. 

‘‘(B) The mechanisms prescribed under subparagraph (A) may 

include the following: 

‘‘(i) The establishment of special occupational categories involving service, over the course of a career, in more than one 

element of the intelligence community. 

‘‘(ii) The provision of rewards for service in positions undertaking analysis and planning of operations involving two or 

more elements of the intelligence community. 

‘‘(iii) The establishment of requirements for education, 

training, service, and evaluation for service involving more than 

one element of the intelligence community. 

‘‘(C) It is the sense of Congress that the mechanisms prescribed 

under this subsection should, to the extent practical, seek to duplicate for civilian personnel within the intelligence community the 

joint officer management policies established by chapter 38 of title 

10, United States Code, and the other amendments made by title IV 

of the Goldwater–Nichols Department of Defense Reorganization Act 

of 1986 (Public Law 99–433). 

‘‘(4)(A) Except as provided in subparagraph (B) and subparagraph (D), this subsection shall not apply with respect to personnel 

of the elements of the intelligence community who are members of 

the uniformed services. 

‘‘(B) Mechanisms that establish requirements for education and 

training pursuant to paragraph (3)(B)(iii) may apply with respect to 

members of the uniformed services who are assigned to an element 

of the intelligence community funded through the National Intelligence Program, but such mechanisms shall not be inconsistent 

17 

with personnel policies and education and training requirements 

otherwise applicable to members of the uniformed services. 

‘‘(C) The personnel policies and programs developed and implemented under this subsection with respect to law enforcement officers (as that term is defined in section 5541(3) of title 5, United 

States Code) shall not affect the ability of law enforcement entities 

to conduct operations or, through the applicable chain of command, 

to control the activities of such law enforcement officers. 

‘‘(D) Assignment to the Office of the Director of National Intelligence of commissioned officers of the Armed Forces shall be considered a joint-duty assignment for purposes of the joint officer 

management policies prescribed by chapter 38 of title 10, United 

States Code, and other provisions of that title. 

‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL.— 

(1) In addition to the authorities under subsection (f)(3), the Director of National Intelligence may exercise with respect to the personnel of the Office of the Director of National Intelligence any authority of the Director of the Central Intelligence Agency with respect to the personnel of the Central Intelligence Agency under the 

Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), 

and other applicable provisions of law, as of the date of the enactment of this subsection to the same extent, and subject to the same 

conditions and limitations, that the Director of the Central Intelligence Agency may exercise such authority with respect to personnel 

of the Central Intelligence Agency. 

‘‘(2) Employees and applicants for employment of the Office of 

the Director of National Intelligence shall have the same rights and 

protections under the Office of the Director of National Intelligence 

as employees of the Central Intelligence Agency have under the Central Intelligence Agency Act of 1949, and other applicable provisions 

of law, as of the date of the enactment of this subsection. 

‘‘(n) ACQUISITION AUTHORITIES.—(1) In carrying out the responsibilities and authorities under this section, the Director of National 

Intelligence may exercise the acquisition and appropriations authorities referred to in the Central Intelligence Agency Act of 1949 

(50 U.S.C. 403a et seq.) other than the authorities referred to in section 8(b) of that Act (50 U.S.C. 403j(b)). 

‘‘(2) For the purpose of the exercise of any authority referred to 

in paragraph (1), a reference to the head of an agency shall be 

deemed to be a reference to the Director of National Intelligence or 

the Principal Deputy Director of National Intelligence. 

‘‘(3)(A) Any determination or decision to be made under an authority referred to in paragraph (1) by the head of an agency may 

be made with respect to individual purchases and contracts or with 

respect to classes of purchases or contracts, and shall be final. 

‘‘(B) Except as provided in subparagraph (C), the Director of 

National Intelligence or the Principal Deputy Director of National 

Intelligence may, in such official’s discretion, delegate to any officer 

or other official of the Office of the Director of National Intelligence 

any authority to make a determination or decision as the head of 

the agency under an authority referred to in paragraph (1). 

‘‘(C) The limitations and conditions set forth in section 3(d) of 

the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d)) shall 

apply to the exercise by the Director of National Intelligence of an 

authority referred to in paragraph (1). 

18 

‘‘(D) Each determination or decision required by an authority 

referred to in the second sentence of section 3(d) of the Central Intelligence Agency Act of 1949 shall be based upon written findings 

made by the official making such determination or decision, which 

findings shall be final and shall be available within the Office of 

the Director of National Intelligence for a period of at least six years 

following the date of such determination or decision. 

‘‘(o) CONSIDERATION OF VIEWS OF ELEMENTS OF INTELLIGENCE

COMMUNITY.—In carrying out the duties and responsibilities under 

this section, the Director of National Intelligence shall take into account the views of a head of a department containing an element 

of the intelligence community and of the Director of the Central Intelligence Agency. 

‘‘(p) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE

REGARDING NATIONAL INTELLIGENCE PROGRAM BUDGET CONCERNING THE DEPARTMENT OF DEFENSE.—Subject to the direction of 

the President, the Director of National Intelligence shall, after consultation with the Secretary of Defense, ensure that the National Intelligence Program budgets for the elements of the intelligence community that are within the Department of Defense are adequate to 

satisfy the national intelligence needs of the Department of Defense, 

including the needs of the Chairman of the Joint Chiefs of Staff and 

the commanders of the unified and specified commands, and wherever such elements are performing Government-wide functions, the 

needs of other Federal departments and agencies. 

‘‘(q) ACQUISITIONS OF MAJOR SYSTEMS.—(1) For each intelligence program within the National Intelligence Program for the 

acquisition of a major system, the Director of National Intelligence 

shall— 

‘‘(A) require the development and implementation of a program management plan that includes cost, schedule, and performance goals and program milestone criteria, except that with 

respect to Department of Defense programs the Director shall 

consult with the Secretary of Defense; 

‘‘(B) serve as exclusive milestone decision authority, except 

that with respect to Department of Defense programs the Director shall serve as milestone decision authority jointly with the 

Secretary of Defense or the designee of the Secretary; and 

‘‘(C) periodically— 

‘‘(i) review and assess the progress made toward the 

achievement of the goals and milestones established in such 

plan; and 

‘‘(ii) submit to Congress a report on the results of such 

review and assessment. 

‘‘(2) If the Director of National Intelligence and the Secretary of 

Defense are unable to reach an agreement on a milestone decision 

under paragraph (1)(B), the President shall resolve the conflict. 

‘‘(3) Nothing in this subsection may be construed to limit the 

authority of the Director of National Intelligence to delegate to any 

other official any authority to perform the responsibilities of the Director under this subsection. 

‘‘(4) In this subsection: 

‘‘(A) The term ‘intelligence program’, with respect to the acquisition of a major system, means a program that— 

19 

‘‘(i) is carried out to acquire such major system for an 

element of the intelligence community; and 

‘‘(ii) is funded in whole out of amounts available for 

the National Intelligence Program. 

‘‘(B) The term ‘major system’ has the meaning given such 

term in section 4(9) of the Federal Property and Administrative 

Services Act of 1949 (41 U.S.C. 403(9)). 

‘‘(r) PERFORMANCE OF COMMON SERVICES.—The Director of National Intelligence shall, in consultation with the heads of departments and agencies of the United States Government containing elements within the intelligence community and with the Director of 

the Central Intelligence Agency, coordinate the performance by the 

elements of the intelligence community within the National Intelligence Program of such services as are of common concern to the 

intelligence community, which services the Director of National Intelligence determines can be more efficiently accomplished in a consolidated manner. 

‘‘OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

‘‘SEC. 103. (a) OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.—There is an Office of the Director of National Intelligence. 

‘‘(b) FUNCTION.—The function of the Office of the Director of 

National Intelligence is to assist the Director of National Intelligence in carrying out the duties and responsibilities of the Director 

under this Act, the National Security Act of 1947 (50 U.S.C. 401 et 

seq.), and other applicable provisions of law, and to carry out such 

other duties as may be prescribed by the President or by law. 

‘‘(c) COMPOSITION.—The Office of the Director of National Intelligence is composed of the following: 

‘‘(1) The Director of National Intelligence. 

‘‘(2) The Principal Deputy Director of National Intelligence. 

‘‘(3) Any Deputy Director of National Intelligence appointed 

under section 103A. 

‘‘(4) The National Intelligence Council. 

‘‘(5) The General Counsel. 

‘‘(6) The Civil Liberties Protection Officer. 

‘‘(7) The Director of Science and Technology. 

‘‘(8) The National Counterintelligence Executive (including 

the Office of the National Counterintelligence Executive). 

‘‘(9) Such other offices and officials as may be established 

by law or the Director may establish or designate in the Office, 

including national intelligence centers. 

‘‘(d) STAFF.—(1) To assist the Director of National Intelligence 

in fulfilling the duties and responsibilities of the Director, the Director shall employ and utilize in the Office of the Director of National 

Intelligence a professional staff having an expertise in matters relating to such duties and responsibilities, and may establish permanent positions and appropriate rates of pay with respect to that 

staff. 

‘‘(2) The staff of the Office of the Director of National Intelligence under paragraph (1) shall include the staff of the Office of 

the Deputy Director of Central Intelligence for Community Management that is transferred to the Office of the Director of National InVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
20 

telligence under section 1091 of the National Security Intelligence 

Reform Act of 2004. 

‘‘(e) LIMITATION ON CO-LOCATION WITH OTHER ELEMENTS OF

INTELLIGENCE COMMUNITY.—Commencing as of October 1, 2008, 

the Office of the Director of National Intelligence may not be co-located with any other element of the intelligence community. 

‘‘DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE

‘‘SEC. 103A. (a) PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE.—(1) There is a Principal Deputy Director of National 

Intelligence who shall be appointed by the President, by and with 

the advice and consent of the Senate. 

‘‘(2) In the event of a vacancy in the position of Principal Deputy Director of National Intelligence, the Director of National Intelligence shall recommend to the President an individual for appointment as Principal Deputy Director of National Intelligence. 

‘‘(3) Any individual nominated for appointment as Principal 

Deputy Director of National Intelligence shall have extensive national security experience and management expertise. 

‘‘(4) The individual serving as Principal Deputy Director of National Intelligence shall not, while so serving, serve in any capacity 

in any other element of the intelligence community. 

‘‘(5) The Principal Deputy Director of National Intelligence 

shall assist the Director of National Intelligence in carrying out the 

duties and responsibilities of the Director. 

‘‘(6) The Principal Deputy Director of National Intelligence 

shall act for, and exercise the powers of, the Director of National Intelligence during the absence or disability of the Director of National Intelligence or during a vacancy in the position of Director 

of National Intelligence. 

‘‘(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE.—(1) 

There may be not more than four Deputy Directors of National Intelligence who shall be appointed by the Director of National Intelligence. 

‘‘(2) Each Deputy Director of National Intelligence appointed 

under this subsection shall have such duties, responsibilities, and 

authorities as the Director of National Intelligence may assign or 

are specified by law. 

‘‘(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE AND PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE.—(1) Not more than one of the individuals serving in the 

positions specified in paragraph (2) may be a commissioned officer 

of the Armed Forces in active status. 

‘‘(2) The positions referred to in this paragraph are the following: 

‘‘(A) The Director of National Intelligence. 

‘‘(B) The Principal Deputy Director of National Intelligence. 

‘‘(3) It is the sense of Congress that, under ordinary circumstances, it is desirable that one of the individuals serving in the 

positions specified in paragraph (2)— 

‘‘(A) be a commissioned officer of the Armed Forces, in active status; or 

‘‘(B) have, by training or experience, an appreciation of 

military intelligence activities and requirements. 

21 

‘‘(4) A commissioned officer of the Armed Forces, while serving 

in a position specified in paragraph (2)— 

‘‘(A) shall not be subject to supervision or control by the 

Secretary of Defense or by any officer or employee of the Department of Defense; 

‘‘(B) shall not exercise, by reason of the officer’s status as 

a commissioned officer, any supervision or control with respect 

to any of the military or civilian personnel of the Department 

of Defense except as otherwise authorized by law; and 

‘‘(C) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of that officer. 

‘‘(5) Except as provided in subparagraph (A) or (B) of paragraph (4), the appointment of an officer of the Armed Forces to a 

position specified in paragraph (2) shall not affect the status, position, rank, or grade of such officer in the Armed Forces, or any 

emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade. 

‘‘(6) A commissioned officer of the Armed Forces on active duty 

who is appointed to a position specified in paragraph (2), while 

serving in such position and while remaining on active duty, shall 

continue to receive military pay and allowances and shall not receive the pay prescribed for such position. Funds from which such 

pay and allowances are paid shall be reimbursed from funds available to the Director of National Intelligence. 

‘‘NATIONAL INTELLIGENCE COUNCIL

‘‘SEC. 103B. (a) NATIONAL INTELLIGENCE COUNCIL.—There is a 

National Intelligence Council. 

‘‘(b) COMPOSITION.—(1) The National Intelligence Council shall 

be composed of senior analysts within the intelligence community 

and substantive experts from the public and private sector, who 

shall be appointed by, report to, and serve at the pleasure of, the 

Director of National Intelligence. 

‘‘(2) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition 

of service on the Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence 

sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary 

for this purpose. 

‘‘(c) DUTIES AND RESPONSIBILITIES.—(1) The National Intelligence Council shall— 

‘‘(A) produce national intelligence estimates for the United 

States Government, including alternative views held by elements of the intelligence community and other information as 

specified in paragraph (2); 

‘‘(B) evaluate community-wide collection and production of 

intelligence by the intelligence community and the requirements 

and resources of such collection and production; and 

‘‘(C) otherwise assist the Director of National Intelligence in 

carrying out the responsibilities of the Director under section 

102A. 

22 

‘‘(2) The Director of National Intelligence shall ensure that the 

Council satisfies the needs of policymakers and other consumers of 

intelligence. 

‘‘(d) SERVICE AS SENIOR INTELLIGENCE ADVISERS.—Within their 

respective areas of expertise and under the direction of the Director 

of National Intelligence, the members of the National Intelligence 

Council shall constitute the senior intelligence advisers of the intelligence community for purposes of representing the views of the intelligence community within the United States Government. 

‘‘(e) AUTHORITY TO CONTRACT.—Subject to the direction and 

control of the Director of National Intelligence, the National Intelligence Council may carry out its responsibilities under this section 

by contract, including contracts for substantive experts necessary to 

assist the Council with particular assessments under this section. 

‘‘(f) STAFF.—The Director of National Intelligence shall make 

available to the National Intelligence Council such staff as may be 

necessary to permit the Council to carry out its responsibilities 

under this section. 

‘‘(g) AVAILABILITY OF COUNCIL AND STAFF.—(1) The Director of 

National Intelligence shall take appropriate measures to ensure that 

the National Intelligence Council and its staff satisfy the needs of 

policymaking officials and other consumers of intelligence. 

‘‘(2) The Council shall be readily accessible to policymaking officials and other appropriate individuals not otherwise associated 

with the intelligence community. 

‘‘(h) SUPPORT.—The heads of the elements of the intelligence 

community shall, as appropriate, furnish such support to the National Intelligence Council, including the preparation of intelligence 

analyses, as may be required by the Director of National Intelligence. 

‘‘(i) NATIONAL INTELLIGENCE COUNCIL PRODUCT.—For purposes 

of this section, the term ‘National Intelligence Council product’ includes a National Intelligence Estimate and any other intelligence 

community assessment that sets forth the judgment of the intelligence community as a whole on a matter covered by such product. 

‘‘GENERAL COUNSEL

‘‘SEC. 103C. (a) GENERAL COUNSEL.—There is a General Counsel of the Office of the Director of National Intelligence who shall 

be appointed by the President, by and with the advice and consent 

of the Senate. 

‘‘(b) PROHIBITION ON DUAL SERVICE AS GENERAL COUNSEL OF

ANOTHER AGENCY.—The individual serving in the position of General Counsel may not, while so serving, also serve as the General 

Counsel of any other department, agency, or element of the United 

States Government. 

‘‘(c) SCOPE OF POSITION.—The General Counsel is the chief legal 

officer of the Office of the Director of National Intelligence. 

‘‘(d) FUNCTIONS.—The General Counsel shall perform such 

functions as the Director of National Intelligence may prescribe. 

‘‘CIVIL LIBERTIES PROTECTION OFFICER

‘‘SEC. 103D. (a) CIVIL LIBERTIES PROTECTION OFFICER.—(1) 

Within the Office of the Director of National Intelligence, there is a 

23 

Civil Liberties Protection Officer who shall be appointed by the Director of National Intelligence. 

‘‘(2) The Civil Liberties Protection Officer shall report directly 

to the Director of National Intelligence. 

‘‘(b) DUTIES.—The Civil Liberties Protection Officer shall— 

‘‘(1) ensure that the protection of civil liberties and privacy 

is appropriately incorporated in the policies and procedures developed for and implemented by the Office of the Director of National Intelligence and the elements of the intelligence community within the National Intelligence Program; 

‘‘(2) oversee compliance by the Office and the Director of 

National Intelligence with requirements under the Constitution 

and all laws, regulations, Executive orders, and implementing 

guidelines relating to civil liberties and privacy; 

‘‘(3) review and assess complaints and other information indicating possible abuses of civil liberties and privacy in the administration of the programs and operations of the Office and 

the Director of National Intelligence and, as appropriate, investigate any such complaint or information; 

‘‘(4) ensure that the use of technologies sustain, and do not 

erode, privacy protections relating to the use, collection, and 

disclosure of personal information; 

‘‘(5) ensure that personal information contained in a system 

of records subject to section 552a of title 5, United States Code 

(popularly referred to as the ‘Privacy Act’), is handled in full 

compliance with fair information practices as set out in that 

section; 

‘‘(6) conduct privacy impact assessments when appropriate 

or as required by law; and 

‘‘(7) perform such other duties as may be prescribed by the 

Director of National Intelligence or specified by law. 

‘‘(c) USE OF AGENCY INSPECTORS GENERAL.—When appropriate, 

the Civil Liberties Protection Officer may refer complaints to the Office of Inspector General having responsibility for the affected element of the department or agency of the intelligence community to 

conduct an investigation under paragraph (3) of subsection (b). 

‘‘DIRECTOR OF SCIENCE AND TECHNOLOGY

‘‘SEC. 103E. (a) DIRECTOR OF SCIENCE AND TECHNOLOGY.— 

There is a Director of Science and Technology within the Office of 

the Director of National Intelligence who shall be appointed by the 

Director of National Intelligence. 

‘‘(b) REQUIREMENT RELATING TO APPOINTMENT.—An individual 

appointed as Director of Science and Technology shall have a professional background and experience appropriate for the duties of 

the Director of Science and Technology. 

‘‘(c) DUTIES.—The Director of Science and Technology shall— 

‘‘(1) act as the chief representative of the Director of National Intelligence for science and technology; 

‘‘(2) chair the Director of National Intelligence Science and 

Technology Committee under subsection (d); 

‘‘(3) assist the Director in formulating a long-term strategy 

for scientific advances in the field of intelligence; 

24 

‘‘(4) assist the Director on the science and technology elements of the budget of the Office of the Director of National Intelligence; and 

‘‘(5) perform other such duties as may be prescribed by the 

Director of National Intelligence or specified by law. 

‘‘(d) DIRECTOR OF NATIONAL INTELLIGENCE SCIENCE AND TECHNOLOGY COMMITTEE.—(1) There is within the Office of the Director 

of Science and Technology a Director of National Intelligence 

Science and Technology Committee. 

‘‘(2) The Committee shall be composed of the principal science 

officers of the National Intelligence Program. 

‘‘(3) The Committee shall— 

‘‘(A) coordinate advances in research and development related to intelligence; and 

‘‘(B) perform such other functions as the Director of Science 

and Technology shall prescribe. 

‘‘NATIONAL COUNTERINTELLIGENCE EXECUTIVE

‘‘SEC. 103F. (a) NATIONAL COUNTERINTELLIGENCE EXECUTIVE.—The National Counterintelligence Executive under section 

902 of the Counterintelligence Enhancement Act of 2002 (title IX of 

Public Law 107–306; 50 U.S.C. 402b et seq.) is a component of the 

Office of the Director of National Intelligence. 

‘‘(b) DUTIES.—The National Counterintelligence Executive shall 

perform the duties provided in the Counterintelligence Enhancement 

Act of 2002 and such other duties as may be prescribed by the Director of National Intelligence or specified by law. 

‘‘CENTRAL INTELLIGENCE AGENCY

‘‘SEC. 104. (a) CENTRAL INTELLIGENCE AGENCY.—There is a 

Central Intelligence Agency. 

‘‘(b) FUNCTION.—The function of the Central Intelligence Agency 

is to assist the Director of the Central Intelligence Agency in carrying out the responsibilities specified in section 104A(c). 

‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

‘‘SEC. 104A. (a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY.—There is a Director of the Central Intelligence Agency who 

shall be appointed by the President, by and with the advice and 

consent of the Senate. 

‘‘(b) SUPERVISION.—The Director of the Central Intelligence 

Agency shall report to the Director of National Intelligence regarding the activities of the Central Intelligence Agency. 

‘‘(c) DUTIES.—The Director of the Central Intelligence Agency 

shall— 

‘‘(1) serve as the head of the Central Intelligence Agency; 

and 

‘‘(2) carry out the responsibilities specified in subsection (d). 

‘‘(d) RESPONSIBILITIES.—The Director of the Central Intelligence 

Agency shall— 

‘‘(1) collect intelligence through human sources and by 

other appropriate means, except that the Director of the Central 

Intelligence Agency shall have no police, subpoena, or law enforcement powers or internal security functions; 

25 

‘‘(2) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such 

intelligence; 

‘‘(3) provide overall direction for and coordination of the 

collection of national intelligence outside the United States 

through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other departments, agencies, or elements of the United 

States Government which are authorized to undertake such collection, ensure that the most effective use is made of resources 

and that appropriate account is taken of the risks to the United 

States and those involved in such collection; and 

‘‘(4) perform such other functions and duties related to intelligence affecting the national security as the President or the 

Director of National Intelligence may direct. 

‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES.—(1) 

Notwithstanding the provisions of any other law, the Director of the 

Central Intelligence Agency may, in the discretion of the Director, 

terminate the employment of any officer or employee of the Central 

Intelligence Agency whenever the Director deems the termination of 

employment of such officer or employee necessary or advisable in the 

interests of the United States. 

‘‘(2) Any termination of employment of an officer or employee 

under paragraph (1) shall not affect the right of the officer or employee to seek or accept employment in any other department, agency, or element of the United States Government if declared eligible 

for such employment by the Office of Personnel Management. 

‘‘(f) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the 

direction of the Director of National Intelligence and in a manner 

consistent with section 207 of the Foreign Service Act of 1980 (22 

U.S.C. 3927), the Director of the Central Intelligence Agency shall 

coordinate the relationships between elements of the intelligence 

community and the intelligence or security services of foreign governments or international organizations on all matters involving intelligence related to the national security or involving intelligence 

acquired through clandestine means.’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the human intelligence officers of the intelligence community have performed admirably and honorably in the face of 

great personal dangers; 

(2) during an extended period of unprecedented investment 

and improvements in technical collection means, the human intelligence capabilities of the United States have not received the 

necessary and commensurate priorities; 

(3) human intelligence is becoming an increasingly important capability to provide information on the asymmetric 

threats to the national security of the United States; 

(4) the continued development and improvement of a robust 

and empowered and flexible human intelligence work force is 

critical to identifying, understanding, and countering the plans 

and intentions of the adversaries of the United States; and 

(5) an increased emphasis on, and resources applied to, enhancing the depth and breadth of human intelligence capabilities of the United States intelligence community must be among 

the top priorities of the Director of National Intelligence. 

26 

(c) TRANSFORMATION OF CENTRAL INTELLIGENCE AGENCY.—The 

Director of the Central Intelligence Agency shall, in accordance with 

standards developed by the Director in consultation with the Director of National Intelligence— 

(1) enhance the analytic, human intelligence, and other capabilities of the Central Intelligence Agency; 

(2) develop and maintain an effective language program 

within the Agency; 

(3) emphasize the hiring of personnel of diverse backgrounds for purposes of improving the capabilities of the Agency; 

(4) establish and maintain effective relationships between 

human intelligence and signals intelligence within the Agency 

at the operational level; and 

(5) achieve a more effective balance within the Agency with 

respect to unilateral operations and liaison operations. 

(d) REPORT.—(1) Not later than 180 days after the date of the 

enactment of this Act, the Director of the Central Intelligence Agency 

shall submit to the Director of National Intelligence and the congressional intelligence committees a report setting forth the following: 

(A) A strategy for improving the conduct of analysis (including strategic analysis) by the Central Intelligence Agency, 

and the progress of the Agency in implementing that strategy. 

(B) A strategy for improving the human intelligence and 

other capabilities of the Agency, and the progress of the Agency 

in implementing that strategy. 

(2)(A) The information in the report under paragraph (1) on the 

strategy referred to in paragraph (1)(B) shall— 

(i) identify the number and types of personnel required to 

implement that strategy; 

(ii) include a plan for the recruitment, training, equipping, 

and deployment of such personnel; and 

(iii) set forth an estimate of the costs of such activities. 

(B) If as of the date of the report under paragraph (1), a proper 

balance does not exist between unilateral operations and liaison operations, such report shall set forth the steps to be taken to achieve 

such balance. 

SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE. 

Paragraph (5) of section 3 of the National Security Act of 1947 

(50 U.S.C. 401a) is amended to read as follows: 

‘‘(5) The terms ‘national intelligence’ and ‘intelligence related to national security’ refer to all intelligence, regardless of 

the source from which derived and including information gathered within or outside the United States, that— 

‘‘(A) pertains, as determined consistent with any guidance issued by the President, to more than one United 

States Government agency; and 

‘‘(B) that involves— 

‘‘(i) threats to the United States, its people, property, or interests; 

‘‘(ii) the development, proliferation, or use of weapons of mass destruction; or 

‘‘(iii) any other matter bearing on United States 

national or homeland security.’’. 

27 

SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION 

BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY. 

(a) DEVELOPMENT OF PROCEDURES.—The Director of National 

Intelligence, in consultation with the Secretary of Defense and the 

Director of the Central Intelligence Agency, shall develop joint procedures to be used by the Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction of 

operations that involve elements of both the Armed Forces and the 

Central Intelligence Agency consistent with national security and 

the protection of human intelligence sources and methods. Those 

procedures shall, at a minimum, provide the following: 

(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and 

sustainment of operations, including, as a minimum— 

(A) information exchange between senior officials of the 

Central Intelligence Agency and senior officers and officials 

of the Department of Defense when planning for such an 

operation commences by either organization; and 

(B) exchange of information between the Secretary and 

the Director of the Central Intelligence Agency to ensure 

that senior operational officials in both the Department of 

Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other. 

(2) When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, a mutual agreement on the tactical and strategic objectives for the region and 

a clear delineation of operational responsibilities to prevent conflict and duplication of effort. 

(b) IMPLEMENTATION REPORT.—Not later than 180 days after 

the date of the enactment of the Act, the Director of National Intelligence shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) and the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7))) a report describing 

the procedures established pursuant to subsection (a) and the status 

of the implementation of those procedures. 

SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE FOR 

INTELLIGENCE-RELATED ACTIVITIES. 

Section 106 of the National Security Act of 1947 (50 U.S.C. 

403–6) is amended by striking all after the heading and inserting 

the following: 

‘‘(a) RECOMMENDATION OF DNI IN CERTAIN APPOINTMENTS.— (1) In the event of a vacancy in a position referred to in paragraph 

(2), the Director of National Intelligence shall recommend to the 

President an individual for nomination to fill the vacancy. 

‘‘(2) Paragraph (1) applies to the following positions: 

‘‘(A) The Principal Deputy Director of National Intelligence. 

‘‘(B) The Director of the Central Intelligence Agency. 

‘‘(b) CONCURRENCE OF DNI IN APPOINTMENTS TO POSITIONS IN

THE INTELLIGENCE COMMUNITY.—(1) In the event of a vacancy in a 

position referred to in paragraph (2), the head of the department or 

agency having jurisdiction over the position shall obtain the concurVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00027 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
28 

rence of the Director of National Intelligence before appointing an 

individual to fill the vacancy or recommending to the President an 

individual to be nominated to fill the vacancy. If the Director does 

not concur in the recommendation, the head of the department or 

agency concerned may not fill the vacancy or make the recommendation to the President (as the case may be). In the case in which the 

Director does not concur in such a recommendation, the Director 

and the head of the department or agency concerned may advise the 

President directly of the intention to withhold concurrence or to 

make a recommendation, as the case may be. 

‘‘(2) Paragraph (1) applies to the following positions: 

‘‘(A) The Director of the National Security Agency. 

‘‘(B) The Director of the National Reconnaissance Office. 

‘‘(C) The Director of the National Geospatial-Intelligence 

Agency. 

‘‘(D) The Assistant Secretary of State for Intelligence and 

Research. 

‘‘(E) The Director of the Office of Intelligence of the Department of Energy. 

‘‘(F) The Director of the Office of Counterintelligence of the 

Department of Energy. 

‘‘(G) The Assistant Secretary for Intelligence and Analysis 

of the Department of the Treasury. 

‘‘(H) The Executive Assistant Director for Intelligence of the 

Federal Bureau of Investigation or any successor to that position. 

‘‘(I) The Assistant Secretary of Homeland Security for Information Analysis. 

‘‘(c) CONSULTATION WITH DNI IN CERTAIN POSITIONS.—(1) In 

the event of a vacancy in a position referred to in paragraph (2), the 

head of the department or agency having jurisdiction over the position shall consult with the Director of National Intelligence before 

appointing an individual to fill the vacancy or recommending to the 

President an individual to be nominated to fill the vacancy. 

‘‘(2) Paragraph (1) applies to the following positions: 

‘‘(A) The Director of the Defense Intelligence Agency. 

‘‘(B) The Assistant Commandant of the Coast Guard for Intelligence.’’. 

SEC. 1015. EXECUTIVE SCHEDULE MATTERS. 

(a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 of title 5, 

United States Code, is amended by adding at the end the following 

new item: 

‘‘Director of National Intelligence.’’. 

(b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 of title 5, 

United States Code, is amended by adding at the end the following 

new items: 

‘‘Principal Deputy Director of National Intelligence. 

‘‘Director of the National Counterterrorism Center. 

‘‘Director of the National Counter Proliferation Center.’’. 

(c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, 

United States Code, is amended— 

(1) by striking the item relating to the Assistant Directors 

of Central Intelligence; and 

(2) by adding at the end the following new item: 

29 

‘‘General Counsel of the Office of the National Intelligence 

Director.’’. 

SEC. 1016. INFORMATION SHARING. 

(a) DEFINITIONS.—In this section: 

(1) INFORMATION SHARING COUNCIL.—The term ‘‘Information Sharing Council’’ means the Information Systems Council 

established by Executive Order 13356, or any successor body 

designated by the President, and referred to under subsection 

(g). 

(2) INFORMATION SHARING ENVIRONMENT; ISE.—The terms 

‘‘information sharing environment’’ and ‘‘ISE’’ mean an approach that facilitates the sharing of terrorism information, 

which approach may include any methods determined necessary 

and appropriate for carrying out this section. 

(3) PROGRAM MANAGER.—The term ‘‘program manager’’ 

means the program manager designated under subsection (f). 

(4) TERRORISM INFORMATION.—The term ‘‘terrorism information’’ means all information, whether collected, produced, or 

distributed by intelligence, law enforcement, military, homeland 

security, or other activities relating to— 

(A) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or international terrorist groups 

or individuals, or of domestic groups or individuals involved in transnational terrorism; 

(B) threats posed by such groups or individuals to the 

United States, United States persons, or United States interests, or to those of other nations; 

(C) communications of or by such groups or individuals; or 

(D) groups or individuals reasonably believed to be assisting or associated with such groups or individuals. 

(b) INFORMATION SHARING ENVIRONMENT.— 

(1) ESTABLISHMENT.—The President shall— 

(A) create an information sharing environment for the 

sharing of terrorism information in a manner consistent 

with national security and with applicable legal standards 

relating to privacy and civil liberties; 

(B) designate the organizational and management 

structures that will be used to operate and manage the ISE; 

and 

(C) determine and enforce the policies, directives, and 

rules that will govern the content and usage of the ISE. 

(2) ATTRIBUTES.—The President shall, through the structures described in subparagraphs (B) and (C) of paragraph (1), 

ensure that the ISE provides and facilitates the means for sharing terrorism information among all appropriate Federal, State, 

local, and tribal entities, and the private sector through the use 

of policy guidelines and technologies. The President shall, to the 

greatest extent practicable, ensure that the ISE provides the 

functional equivalent of, or otherwise supports, a decentralized, 

distributed, and coordinated environment that— 

(A) connects existing systems, where appropriate, provides no single points of failure, and allows users to share 

30 

information among agencies, between levels of government, 

and, as appropriate, with the private sector; 

(B) ensures direct and continuous online electronic access to information; 

(C) facilitates the availability of information in a form 

and manner that facilitates its use in analysis, investigations and operations; 

(D) builds upon existing systems capabilities currently 

in use across the Government; 

(E) employs an information access management approach that controls access to data rather than just systems 

and networks, without sacrificing security; 

(F) facilitates the sharing of information at and across 

all levels of security; 

(G) provides directory services, or the functional equivalent, for locating people and information; 

(H) incorporates protections for individuals’ privacy 

and civil liberties; and 

(I) incorporates strong mechanisms to enhance accountability and facilitate oversight, including audits, authentication, and access controls. 

(c) PRELIMINARY REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the program manager shall, in 

consultation with the Information Sharing Council— 

(1) submit to the President and Congress a description of 

the technological, legal, and policy issues presented by the creation of the ISE, and the way in which these issues will be addressed; 

(2) establish an initial capability to provide electronic directory services, or the functional equivalent, to assist in locating in the Federal Government intelligence and terrorism information and people with relevant knowledge about intelligence 

and terrorism information; and 

(3) conduct a review of relevant current Federal agency capabilities, databases, and systems for sharing information. 

(d) GUIDELINES AND REQUIREMENTS.—As soon as possible, but 

in no event later than 270 days after the date of the enactment of 

this Act, the President shall— 

(1) leverage all ongoing efforts consistent with establishing 

the ISE and issue guidelines for acquiring, accessing, sharing, 

and using information, including guidelines to ensure that information is provided in its most shareable form, such as by 

using tearlines to separate out data from the sources and methods by which the data are obtained; 

(2) in consultation with the Privacy and Civil Liberties 

Oversight Board established under section 1061, issue guidelines that— 

(A) protect privacy and civil liberties in the development and use of the ISE; and 

(B) shall be made public, unless nondisclosure is clearly necessary to protect national security; and 

(3) require the heads of Federal departments and agencies 

to promote a culture of information sharing by— 

(A) reducing disincentives to information sharing, including over-classification of information and unnecessary 

31 

requirements for originator approval, consistent with applicable laws and regulations; and 

(B) providing affirmative incentives for information 

sharing. 

(e) IMPLEMENTATION PLAN REPORT.—Not later than one year 

after the date of the enactment of this Act, the President shall, with 

the assistance of the program manager, submit to Congress a report 

containing an implementation plan for the ISE. The report shall include the following: 

(1) A description of the functions, capabilities, resources, 

and conceptual design of the ISE, including standards. 

(2) A description of the impact on enterprise architectures 

of participating agencies. 

(3) A budget estimate that identifies the incremental costs 

associated with designing, testing, integrating, deploying, and 

operating the ISE. 

(4) A project plan for designing, testing, integrating, deploying, and operating the ISE. 

(5) The policies and directives referred to in subsection 

(b)(1)(C), as well as the metrics and enforcement mechanisms 

that will be utilized. 

(6) Objective, systemwide performance measures to enable 

the assessment of progress toward achieving the full implementation of the ISE. 

(7) A description of the training requirements needed to ensure that the ISE will be adequately implemented and properly 

utilized. 

(8) A description of the means by which privacy and civil 

liberties will be protected in the design and operation of the 

ISE. 

(9) The recommendations of the program manager, in consultation with the Information Sharing Council, regarding 

whether, and under what conditions, the ISE should be expanded to include other intelligence information. 

(10) A delineation of the roles of the Federal departments 

and agencies that will participate in the ISE, including an 

identification of the agencies that will deliver the infrastructure 

needed to operate and manage the ISE (as distinct from individual department or agency components that are part of the 

ISE), with such delineation of roles to be consistent with— 

(A) the authority of the Director of National Intelligence under this title, and the amendments made by this 

title, to set standards for information sharing throughout 

the intelligence community; and 

(B) the authority of the Secretary of Homeland Security 

and the Attorney General, and the role of the Department 

of Homeland Security and the Attorney General, in coordinating with State, local, and tribal officials and the private 

sector. 

(11) The recommendations of the program manager, in consultation with the Information Sharing Council, for a future 

management structure for the ISE, including whether the position of program manager should continue to remain in existence. 

(f) PROGRAM MANAGER.— 

32 

(1) DESIGNATION.—Not later than 120 days after the date 

of the enactment of this Act, with notification to Congress, the 

President shall designate an individual as the program manager responsible for information sharing across the Federal 

Government. The individual designated as the program manager shall serve as program manager during the two-year period beginning on the date of designation under this paragraph 

unless sooner removed from service and replaced by the President (at the President’s sole discretion). The program manager 

shall have and exercise governmentwide authority. 

(2) DUTIES AND RESPONSIBILITIES.— (A) IN GENERAL.—The program manager shall, in consultation with the Information Sharing Council— 

(i) plan for and oversee the implementation of, and 

manage, the ISE; 

(ii) assist in the development of policies, procedures, guidelines, rules, and standards as appropriate 

to foster the development and proper operation of the 

ISE; and 

(iii) assist, monitor, and assess the implementation 

of the ISE by Federal departments and agencies to ensure adequate progress, technological consistency and 

policy compliance; and regularly report the findings to 

Congress. 

(B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES, RULES, AND STANDARDS.—The policies, procedures, guidelines, rules, and standards under subparagraph (A)(ii) 

shall— 

(i) take into account the varying missions and security requirements of agencies participating in the 

ISE; 

(ii) address development, implementation, and 

oversight of technical standards and requirements; 

(iii) take into account ongoing and planned efforts 

that support development, implementation and management of the ISE; 

(iv) address and facilitate information sharing between and among departments and agencies of the intelligence community, the Department of Defense, the 

homeland security community and the law enforcement 

community; 

(v) address and facilitate information sharing between Federal departments and agencies and State, 

tribal, and local governments; 

(vi) address and facilitate, as appropriate, information sharing between Federal departments and 

agencies and the private sector; 

(vii) address and facilitate, as appropriate, information sharing between Federal departments and 

agencies with foreign partners and allies; and 

(viii) ensure the protection of privacy and civil liberties. 

(g) INFORMATION SHARING COUNCIL.— 

(1) ESTABLISHMENT.—There is established an Information 

Sharing Council that shall assist the President and the proVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00032 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
33 

gram manager in their duties under this section. The Information Sharing Council shall serve during the two-year period beginning on the date of the initial designation of the program 

manager by the President under subsection (f)(1), unless sooner 

removed from service and replaced by the President (at the sole 

discretion of the President) with a successor body. 

(2) SPECIFIC DUTIES.—In assisting the President and the 

program manager in their duties under this section, the Information Sharing Council shall— 

(A) advise the President and the program manager in 

developing policies, procedures, guidelines, roles, and 

standards necessary to establish, implement, and maintain 

the ISE; 

(B) work to ensure coordination among the Federal departments and agencies participating in the ISE in the 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 Federal 

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 Information Sharing Council shall consider input from persons and entities outside the Federal Government having significant experience and expertise in policy, technical matters, and operational 

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 Government. 

(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; 

34 

(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; 

(G) the extent to which private sector data, including 

information from owners and operators of critical infrastructure, is incorporated in the ISE, and the extent to 

which individuals and entities outside the government are 

receiving information through the ISE; 

(H) the measures taken by the Federal government to 

ensure the accuracy of information in the ISE, in particular 

the accuracy of information about individuals; 

(I) an assessment of the privacy and civil liberties protections of the ISE, including actions taken in the preceding 

year to implement or enforce privacy and civil liberties protections; and 

(J) an assessment of the security protections used in the 

ISE. 

(i) AGENCY RESPONSIBILITIES.—The head of each department or 

agency that possesses or uses intelligence or terrorism information, 

operates a system in the ISE, or otherwise participates (or expects 

to participate) in the ISE shall— 

(1) ensure full department or agency compliance with information sharing policies, procedures, guidelines, rules, and 

standards established under subsections (b) and (f); 

(2) ensure the provision of adequate resources for systems 

and activities supporting operation of and participation in the 

ISE; 

(3) ensure full department or agency cooperation in the development of the ISE to implement governmentwide information 

sharing; and 

(4) submit, at the request of the President or the program 

manager, any reports on the implementation of the requirements of the ISE within such department or agency. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $20,000,000 for each of fiscal years 2005 and 2006. 

SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE COMMUNITY. 

(a) IN GENERAL.—Not later than 180 days after the effective 

date of this Act, the Director of National Intelligence shall establish 

a process and assign an individual or entity the responsibility for 

ensuring that, as appropriate, elements of the intelligence community conduct alternative analysis (commonly referred to as ‘‘red-team 

35 

analysis’’) of the information and conclusions in intelligence products. 

(b) REPORT.—Not later than 270 days after the effective date of 

this Act, the Director of National Intelligence shall provide a report 

to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of the House of Representatives on the implementation of subsection (a). 

SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND 

PRESERVATION OF AUTHORITIES. 

The President shall issue guidelines to ensure the effective implementation and execution within the executive branch of the authorities granted to the Director of National Intelligence by this title 

and the amendments made by this title, in a manner that respects 

and does not abrogate the statutory responsibilities of the heads of 

the departments of the United States Government concerning such 

departments, including, but not limited to: 

(1) the authority of the Director of the Office of Management and Budget; and 

(2) the authority of the principal officers of the executive departments as heads of their respective departments, including, 

but not limited to, under— 

(A) section 199 of the Revised Statutes (22 U.S.C. 

2651); 

(B) title II of the Department of Energy Organization 

Act (42 U.S.C. 7131 et seq.); 

(C) the State Department Basic Authorities Act of 1956; 

(D) section 102(a) of the Homeland Security Act of 

2002 (6 U.S.C. 112(a)); and 

(E) sections 301 of title 5, 113(b) and 162(b) of title 10, 

503 of title 28, and 301(b) of title 31, United States Code. 

SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC INTEGRITY. 

(a) ASSIGNMENT OF RESPONSIBILITIES.—For purposes of carrying out section 102A(h) of the National Security Act of 1947 (as 

added by section 1011(a)), the Director of National Intelligence 

shall, not later than 180 days after the date of the enactment of this 

Act, assign an individual or entity to be responsible for ensuring 

that finished intelligence products produced by any element or elements of the intelligence community are timely, objective, independent of political considerations, based upon all sources of available intelligence, and employ the standards of proper analytic 

tradecraft. 

(b) RESPONSIBILITIES.—(1) The individual or entity assigned responsibility under subsection (a)— 

(A) may be responsible for general oversight and management of analysis and production, but may not be directly responsible for, or involved in, the specific production of any finished intelligence product; 

(B) shall perform, on a regular basis, detailed reviews of 

finished intelligence product or other analytic products by an 

element or elements of the intelligence community covering a 

particular topic or subject matter; 

(C) shall be responsible for identifying on an annual basis 

functional or topical areas of analysis for specific review under 

subparagraph (B); and 

36 

(D) upon completion of any review under subparagraph (B), 

may draft lessons learned, identify best practices, or make recommendations for improvement to the analytic tradecraft employed in the production of the reviewed product or products. 

(2) Each review under paragraph (1)(B) should— 

(A) include whether the product or products concerned were 

based on all sources of available intelligence, properly describe 

the quality and reliability of underlying sources, properly caveat and express uncertainties or confidence in analytic judgments, properly distinguish between underlying intelligence and 

the assumptions and judgments of analysts, and incorporate, 

where appropriate, alternative analyses; and 

(B) ensure that the analytic methodologies, tradecraft, and 

practices used by the element or elements concerned in the production of the product or products concerned meet the standards set forth in subsection (a). 

(3) Information drafted under paragraph (1)(D) should, as appropriate, be included in analysis teaching modules and case studies for use throughout the intelligence community. 

(c) ANNUAL REPORTS.—Not later than December 1 each year, 

the Director of National Intelligence shall submit to the congressional intelligence committees, the heads of the relevant elements of 

the intelligence community, and the heads of analytic training departments a report containing a description, and the associated 

findings, of each review under subsection (b)(1)(B) during such year. 

(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In 

this section, the term ‘‘congressional intelligence committees’’ 

means— 

(1) the Select Committee on Intelligence of the Senate; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives. 

SEC. 1020. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS. 

(a) IN GENERAL.—Not later than 180 days after the effective 

date of this Act, the Director of National Intelligence shall identify 

an individual within the Office of the Director of National Intelligence who shall be available to analysts within the Office of the 

Director of National Intelligence to counsel, conduct arbitration, 

offer recommendations, and, as appropriate, initiate inquiries into 

real or perceived problems of analytic tradecraft or politicization, biased reporting, or lack of objectivity in intelligence analysis. 

(b) REPORT.—Not later than 270 days after the effective date of 

this Act, the Director of National Intelligence shall provide a report 

to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives on the implementation of subsection (a). 

Subtitle B—National Counterterrorism 

Center, National Counter Proliferation 

Center, and National Intelligence Centers 

SEC. 1021. NATIONAL COUNTERTERRORISM CENTER. 

Title I of the National Security Act of 1947 (50 U.S.C. 402 et 

seq.) is amended by adding at the end the following new section: 

37 

‘‘NATIONAL COUNTERTERRORISM CENTER

‘‘SEC. 119. (a) ESTABLISHMENT OF CENTER.—There is within 

the Office of the Director of National Intelligence a National 

Counterterrorism Center. 

‘‘(b) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER.—(1) 

There is a Director of the National Counterterrorism Center, who 

shall be the head of the National Counterterrorism Center, and who 

shall be appointed by the President, by and with the advice and 

consent of the Senate. 

‘‘(2) The Director of the National Counterterrorism Center may 

not simultaneously serve in any other capacity in the executive 

branch. 

‘‘(c) REPORTING.—(1) The Director of the National 

Counterterrorism Center shall report to the Director of National Intelligence with respect to matters described in paragraph (2) and the 

President with respect to matters described in paragraph (3). 

‘‘(2) The matters described in this paragraph are as follows: 

‘‘(A) The budget and programs of the National 

Counterterrorism Center. 

‘‘(B) The activities of the Directorate of Intelligence of 

the National Counterterrorism Center under subsection (h). 

‘‘(C) The conduct of intelligence operations implemented by other elements of the intelligence community; 

and 

‘‘(3) The matters described in this paragraph are the planning and progress of joint counterterrorism operations (other 

than intelligence operations). 

‘‘(d) PRIMARY MISSIONS.—The primary missions of the National 

Counterterrorism Center shall be as follows: 

‘‘(1) To serve as the primary organization in the United 

States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government 

pertaining to terrorism and counterterrorism, excepting intelligence pertaining exclusively to domestic terrorists and domestic counterterrorism. 

‘‘(2) To conduct strategic operational planning for 

counterterrorism activities, integrating all instruments of national power, including diplomatic, financial, military, intelligence, homeland security, and law enforcement activities within and among agencies. 

‘‘(3) To assign roles and responsibilities as part of its strategic operational planning duties to lead Departments or agencies, as appropriate, for counterterrorism activities that are consistent with applicable law and that support counterterrorism 

strategic operational plans, but shall not direct the execution of 

any resulting operations. 

‘‘(4) To ensure that agencies, as appropriate, have access to 

and receive all-source intelligence support needed to execute 

their counterterrorism plans or perform independent, alternative analysis. 

‘‘(5) To ensure that such agencies have access to and receive 

intelligence needed to accomplish their assigned activities. 

‘‘(6) To serve as the central and shared knowledge bank on 

known and suspected terrorists and international terror groups, 

38 

as well as their goals, strategies, capabilities, and networks of 

contacts and support. 

‘‘(e) DOMESTIC COUNTERTERRORISM INTELLIGENCE.—(1) The 

Center may, consistent with applicable law, the direction of the 

President, and the guidelines referred to in section 102A(b), receive 

intelligence pertaining exclusively to domestic counterterrorism from 

any Federal, State, or local government or other source necessary to 

fulfill its responsibilities and retain and disseminate such intelligence. 

‘‘(2) Any agency authorized to conduct counterterrorism activities may request information from the Center to assist it in its responsibilities, consistent with applicable law and the guidelines referred to in section 102A(b). 

‘‘(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—(1) The Director of the National Counterterrorism Center shall— 

‘‘(A) serve as the principal adviser to the Director of National Intelligence on intelligence operations relating to 

counterterrorism; 

‘‘(B) provide strategic operational plans for the civilian and 

military counterterrorism efforts of the United States Government and for the effective integration of counterterrorism intelligence and operations across agency boundaries, both inside 

and outside the United States; 

‘‘(C) advise the Director of National Intelligence on the extent to which the counterterrorism program recommendations 

and budget proposals of the departments, agencies, and elements of the United States Government conform to the priorities 

established by the President; 

‘‘(D) disseminate terrorism information, including current 

terrorism threat analysis, to the President, the Vice President, 

the Secretaries of State, Defense, and Homeland Security, the 

Attorney General, the Director of the Central Intelligence Agency, and other officials of the executive branch as appropriate, 

and to the appropriate committees of Congress; 

‘‘(E) support the Department of Justice and the Department 

of Homeland Security, and other appropriate agencies, in fulfillment of their responsibilities to disseminate terrorism information, consistent with applicable law, guidelines referred to in 

section 102A(b), Executive orders and other Presidential guidance, to State and local government officials, and other entities, 

and coordinate dissemination of terrorism information to foreign governments as approved by the Director of National Intelligence; 

‘‘(F) develop a strategy for combining terrorist travel intelligence operations and law enforcement planning and operations into a cohesive effort to intercept terrorists, find terrorist 

travel facilitators, and constrain terrorist mobility; 

‘‘(G) have primary responsibility within the United States 

Government for conducting net assessments of terrorist threats; 

‘‘(H) consistent with priorities approved by the President, 

assist the Director of National Intelligence in establishing requirements for the intelligence community for the collection of 

terrorism information; and 

‘‘(I) perform such other duties as the Director of National 

Intelligence may prescribe or are prescribed by law. 

39 

‘‘(2) Nothing in paragraph (1)(G) shall limit the authority of the 

departments and agencies of the United States to conduct net assessments. 

‘‘(g) LIMITATION.—The Director of the National 

Counterterrorism Center may not direct the execution of 

counterterrorism operations. 

‘‘(h) RESOLUTION OF DISPUTES.—The Director of National Intelligence shall resolve disagreements between the National 

Counterterrorism Center and the head of a department, agency, or 

element of the United States Government on designations, assignments, plans, or responsibilities under this section. The head of such 

a department, agency, or element may appeal the resolution of the 

disagreement by the Director of National Intelligence to the President. 

‘‘(i) DIRECTORATE OF INTELLIGENCE.—The Director of the National Counterterrorism Center shall establish and maintain within 

the National Counterterrorism Center a Directorate of Intelligence 

which shall have primary responsibility within the United States 

Government for analysis of terrorism and terrorist organizations 

(except for purely domestic terrorism and domestic terrorist organizations) from all sources of intelligence, whether collected inside or 

outside the United States. 

‘‘(j) DIRECTORATE OF STRATEGIC OPERATIONAL PLANNING.—(1) 

The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a 

Directorate of Strategic Operational Planning which shall provide 

strategic operational plans for counterterrorism operations conducted by the United States Government. 

‘‘(2) Strategic operational planning shall include the mission, 

objectives to be achieved, tasks to be performed, interagency coordination of operational activities, and the assignment of roles and responsibilities. 

‘‘(3) The Director of the National Counterterrorism Center shall 

monitor the implementation of strategic operational plans, and 

shall obtain information from each element of the intelligence community, and from each other department, agency, or element of the 

United States Government relevant for monitoring the progress of 

such entity in implementing such plans. 

SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER. 

Title I of the National Security Act of 1947, as amended by section 1021 of this Act, is further amended by adding at the end the 

following new section: 

‘‘NATIONAL COUNTER PROLIFERATION CENTER

‘‘SEC. 119A. (a) ESTABLISHMENT.—Not later than 18 months 

after the date of the enactment of the National Security Intelligence 

Reform Act of 2004, the President shall establish a National 

Counter Proliferation Center, taking into account all appropriate 

government tools to prevent and halt the proliferation of weapons of 

mass destruction, their delivery systems, and related materials and 

technologies. 

‘‘(b) MISSIONS AND OBJECTIVES.—In establishing the National 

Counter Proliferation Center, the President shall address the following missions and objectives to prevent and halt the proliferation 

40 

of weapons of mass destruction, their delivery systems, and related 

materials and technologies: 

‘‘(1) Establishing a primary organization within the United 

States Government for analyzing and integrating all intelligence possessed or acquired by the United States pertaining to 

proliferation. 

‘‘(2) Ensuring that appropriate agencies have full access to 

and receive all-source intelligence support needed to execute 

their counter proliferation plans or activities, and perform independent, alternative analyses. 

‘‘(3) Establishing a central repository on known and suspected proliferation activities, including the goals, strategies, 

capabilities, networks, and any individuals, groups, or entities 

engaged in proliferation. 

‘‘(4) Disseminating proliferation information, including proliferation threats and analyses, to the President, to the appropriate departments and agencies, and to the appropriate committees of Congress. 

‘‘(5) Conducting net assessments and warnings about the 

proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies. 

‘‘(6) Coordinating counter proliferation plans and activities 

of the various departments and agencies of the United States 

Government to prevent and halt the proliferation of weapons of 

mass destruction, their delivery systems, and related materials 

and technologies. 

‘‘(7) Conducting strategic operational counter proliferation 

planning for the United States Government to prevent and halt 

the proliferation of weapons of mass destruction, their delivery 

systems, and related materials and technologies. 

‘‘(c) NATIONAL SECURITY WAIVER.—The President may waive 

the requirements of this section, and any parts thereof, if the President determines that such requirements do not materially improve 

the ability of the United States Government to prevent and halt the 

proliferation of weapons of mass destruction, their delivery systems, 

and related materials and technologies. Such waiver shall be made 

in writing to Congress and shall include a description of how the 

missions and objectives in subsection (b) are being met. 

‘‘(d) REPORT TO CONGRESS.—(1) Not later than nine months 

after the implementation of this Act, the President shall submit to 

Congress, in classified form if necessary, the findings and recommendations of the President’s Commission on Weapons of Mass 

Destruction established by Executive Order in February 2004, together with the views of the President regarding the establishment 

of a National Counter Proliferation Center. 

‘‘(2) If the President decides not to exercise the waiver authority 

granted by subsection (c), the President shall submit to Congress 

from time to time updates and plans regarding the establishment of 

a National Counter Proliferation Center. 

‘‘(e) SENSE OF CONGRESS.—It is the sense of Congress that a 

central feature of counter proliferation activities, consistent with the 

President’s Proliferation Security Initiative, should include the 

physical interdiction, by air, sea, or land, of weapons of mass destruction, their delivery systems, and related materials and technologies, and enhanced law enforcement activities to identify and 

41 

disrupt proliferation networks, activities, organizations, and persons.’’. 

SEC. 1023. NATIONAL INTELLIGENCE CENTERS. 

Title I of the National Security Act of 1947, as amended by section 1022 of this Act, is further amended by adding at the end the 

following new section: 

‘‘NATIONAL INTELLIGENCE CENTERS

‘‘SEC. 119B. (a) AUTHORITY TO ESTABLISH.—The Director of 

National Intelligence may establish one or more national intelligence centers to address intelligence priorities, including, but not 

limited to, regional issues. 

‘‘(b) RESOURCES OF DIRECTORS OF CENTERS.—(1) The Director 

of National Intelligence shall ensure that the head of each national 

intelligence center under subsection (a) has appropriate authority, 

direction, and control of such center, and of the personnel assigned 

to such center, to carry out the assigned mission of such center. 

‘‘(2) The Director of National Intelligence shall ensure that each 

national intelligence center has appropriate personnel to accomplish 

effectively the mission of such center. 

‘‘(c) INFORMATION SHARING.—The Director of National Intelligence shall, to the extent appropriate and practicable, ensure that 

each national intelligence center under subsection (a) and the other 

elements of the intelligence community share information in order 

to facilitate the mission of such center. 

‘‘(d) MISSION OF CENTERS.—Pursuant to the direction of the Director of National Intelligence, each national intelligence center 

under subsection (a) may, in the area of intelligence responsibility 

assigned to such center— 

‘‘(1) have primary responsibility for providing all-source 

analysis of intelligence based upon intelligence gathered both 

domestically and abroad; 

‘‘(2) have primary responsibility for identifying and proposing to the Director of National Intelligence intelligence collection and analysis and production requirements; and 

‘‘(3) perform such other duties as the Director of National 

Intelligence shall specify. 

‘‘(e) REVIEW AND MODIFICATION OF CENTERS.—The Director of 

National Intelligence shall determine on a regular basis whether— 

‘‘(1) the area of intelligence responsibility assigned to each 

national intelligence center under subsection (a) continues to 

meet appropriate intelligence priorities; and 

‘‘(2) the staffing and management of such center remains 

appropriate for the accomplishment of the mission of such center. 

‘‘(f) TERMINATION.—The Director of National Intelligence may 

terminate any national intelligence center under subsection (a). 

‘‘(g) SEPARATE BUDGET ACCOUNT.—The Director of National Intelligence shall, as appropriate, include in the National Intelligence 

Program budget a separate line item for each national intelligence 

center under subsection (a).’’. 

42 

Subtitle C—Joint Intelligence Community 

Council 

SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL. 

Title I of the National Security Act of 1947 (50 U.S.C. 402 et 

seq.) is amended by inserting after section 101 the following new 

section: 

‘‘JOINT INTELLIGENCE COMMUNITY COUNCIL

‘‘SEC. 101A. (a) JOINT INTELLIGENCE COMMUNITY COUNCIL.— There is a Joint Intelligence Community Council. 

‘‘(b) MEMBERSHIP.—The Joint Intelligence Community Council 

shall consist of the following: 

‘‘(1) The Director of National Intelligence, who shall chair 

the Council. 

‘‘(2) The Secretary of State. 

‘‘(3) The Secretary of the Treasury. 

‘‘(4) The Secretary of Defense. 

‘‘(5) The Attorney General. 

‘‘(6) The Secretary of Energy. 

‘‘(7) The Secretary of Homeland Security. 

‘‘(8) Such other officers of the United States Government as 

the President may designate from time to time. 

‘‘(c) FUNCTIONS.—The Joint Intelligence Community Council 

shall assist the Director of National Intelligence to in developing 

and implementing a joint, unified national intelligence effort to protect national security by— 

‘‘(1) advising the Director on establishing requirements, developing budgets, financial management, and monitoring and 

evaluating the performance of the intelligence community, and 

on such other matters as the Director may request; and 

‘‘(2) ensuring the timely execution of programs, policies, and 

directives established or developed by the Director. 

‘‘(d) MEETINGS.—The Director of National Intelligence shall 

convene regular meetings of the Joint Intelligence Community Council. 

‘‘(e) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.—(1) A member of the Joint Intelligence Community Council 

(other than the Chairman) may submit to the Chairman advice or 

an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Director of National Intelligence 

to the President or the National Security Council, in the role of the 

Chairman as Chairman of the Joint Intelligence Community Council. If a member submits such advice or opinion, the Chairman 

shall present the advice or opinion of such member at the same time 

the Chairman presents the advice of the Chairman to the President 

or the National Security Council, as the case may be. 

‘‘(2) The Chairman shall establish procedures to ensure that the 

presentation of the advice of the Chairman to the President or the 

National Security Council is not unduly delayed by reason of the 

submission of the individual advice or opinion of another member 

of the Council. 

‘‘(f) RECOMMENDATIONS TO CONGRESS.—Any member of the 

Joint Intelligence Community Council may make such recommendaVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00042 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
43 

tions to Congress relating to the intelligence community as such 

member considers appropriate.’’. 

Subtitle D—Improvement of Education for 

the Intelligence Community 

SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Foreign language education is essential for the development of a highly-skilled workforce for the intelligence community. 

(2) Since September 11, 2001, the need for language proficiency levels to meet required national security functions has 

been raised, and the ability to comprehend and articulate technical and scientific information in foreign languages has become critical. 

(b) LINGUISTIC REQUIREMENTS.—(1) The Director of National 

Intelligence shall— 

(A) identify the linguistic requirements for the Office of the 

Director of National Intelligence; 

(B) identify specific requirements for the range of linguistic 

skills necessary for the intelligence community, including proficiency in scientific and technical vocabularies of critical foreign languages; and 

(C) develop a comprehensive plan for the Office to meet 

such requirements through the education, recruitment, and 

training of linguists. 

(2) In carrying out activities under paragraph (1), the Director 

shall take into account education grant programs of the Department 

of Defense and the Department of Education that are in existence 

as of the date of the enactment of this Act. 

(3) Not later than one year after the date of the enactment of 

this Act, and annually thereafter, the Director shall submit to Congress a report on the requirements identified under paragraph (1), 

including the success of the Office of the Director of National Intelligence in meeting such requirements. Each report shall notify Congress of any additional resources determined by the Director to be 

required to meet such requirements. 

(4) Each report under paragraph (3) shall be in unclassified 

form, but may include a classified annex. 

(c) PROFESSIONAL INTELLIGENCE TRAINING.—The Director of 

National Intelligence shall require the head of each element and 

component within the Office of the Director of National Intelligence 

who has responsibility for professional intelligence training to periodically review and revise the curriculum for the professional intelligence training of the senior and intermediate level personnel of 

such element or component in order to— 

(1) strengthen the focus of such curriculum on the integration of intelligence collection and analysis throughout the Office; and 

(2) prepare such personnel for duty with other departments, 

agencies, and element of the intelligence community. 

44 

SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING. 

Title X of the National Security Act of 1947 (50 U.S.C. 441g) 

is amended by adding at the end the following new section: 

‘‘FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING

‘‘SEC. 1002. The Director of National Intelligence shall establish 

an integrated framework that brings together the educational components of the intelligence community in order to promote a more 

effective and productive intelligence community through cross-disciplinary education and joint training.’’. 

SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM. 

Title X of the National Security Act of 1947, as amended by section 1042 of this Act, is further amended by adding at the end the 

following new section: 

‘‘INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM

‘‘SEC. 1003. (a) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—The Director of National Intelligence, in 

consultation with the head of each agency of the intelligence 

community, shall establish a scholarship program (to be known 

as the ‘Intelligence Community Scholarship Program’) to award 

scholarships to individuals that is designed to recruit and prepare students for civilian careers in the intelligence community 

to meet the critical needs of the intelligence community agencies. 

‘‘(2) SELECTION OF RECIPIENTS.— 

‘‘(A) MERIT AND AGENCY NEEDS.—Individuals shall be 

selected to receive scholarships under this section through 

a competitive process primarily on the basis of academic 

merit and the needs of the agency. 

‘‘(B) DEMONSTRATED COMMITMENT.—Individuals selected under this section shall have a demonstrated commitment to the field of study for which the scholarship is 

awarded. 

‘‘(3) CONTRACTUAL AGREEMENTS.—To carry out the Program the head of each agency shall enter into contractual agreements with individuals selected under paragraph (2) under 

which the individuals agree to serve as full-time employees of 

the agency, for the period described in subsection (g)(1), in positions needed by the agency and for which the individuals are 

qualified, in exchange for receiving a scholarship. 

‘‘(b) ELIGIBILITY.—In order to be eligible to participate in the 

Program, an individual shall— 

‘‘(1) be enrolled or accepted for enrollment as a full-time 

student at an institution of higher education and be pursuing 

or intend to pursue undergraduate or graduate education in an 

academic field or discipline described in the list made available 

under subsection (d); 

‘‘(2) be a United States citizen; and 

‘‘(3) at the time of the initial scholarship award, not be an 

employee (as defined under section 2105 of title 5, United States 

Code). 

‘‘(c) APPLICATION.— An individual seeking a scholarship under 

this section shall submit an application to the Director of National 

45 

Intelligence at such time, in such manner, and containing such information, agreements, or assurances as the Director may require. 

‘‘(d) PROGRAMS AND FIELDS OF STUDY.—The Director of National Intelligence shall— 

‘‘(1) make publicly available a list of academic programs 

and fields of study for which scholarships under the Program 

may be used; and 

‘‘(2) update the list as necessary. 

‘‘(e) SCHOLARSHIPS.— 

‘‘(1) IN GENERAL.—The Director of National Intelligence 

may provide a scholarship under the Program for an academic 

year if the individual applying for the scholarship has submitted to the Director, as part of the application required under 

subsection (c), a proposed academic program leading to a degree in a program or field of study on the list made available 

under subsection (d). 

‘‘(2) LIMITATION ON YEARS.—An individual may not receive 

a scholarship under this section for more than 4 academic 

years, unless the Director of National Intelligence grants a 

waiver. 

‘‘(3) STUDENT RESPONSIBILITIES.—Scholarship recipients 

shall maintain satisfactory academic progress. 

‘‘(4) AMOUNT.—The dollar amount of a scholarship under 

this section for an academic year shall be determined under 

regulations issued by the Director of National Intelligence, but 

shall in no case exceed the cost of tuition, fees, and other authorized expenses as established by the Director. 

‘‘(5) USE OF SCHOLARSHIPS.—A scholarship provided under 

this section may be expended for tuition, fees, and other authorized expenses as established by the Director of National Intelligence by regulation. 

‘‘(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION.—The 

Director of National Intelligence may enter into a contractual 

agreement with an institution of higher education under which 

the amounts provided for a scholarship under this section for 

tuition, fees, and other authorized expenses are paid directly to 

the institution with respect to which the scholarship is provided. 

‘‘(f) SPECIAL CONSIDERATION FOR CURRENT EMPLOYEES.— 

‘‘(1) SET ASIDE OF SCHOLARSHIPS.—Notwithstanding paragraphs (1) and (3) of subsection (b), 10 percent of the scholarships awarded under this section shall be set aside for individuals who are employees of agencies on the date of enactment of 

this section to enhance the education of such employees in areas 

of critical needs of agencies. 

‘‘(2) FULL- OR PART-TIME EDUCATION.—Employees who are 

awarded scholarships under paragraph (1) shall be permitted 

to pursue undergraduate or graduate education under the 

scholarship on a full-time or part-time basis. 

‘‘(g) EMPLOYEE SERVICE.— 

‘‘(1) PERIOD OF SERVICE.—Except as provided in subsection 

(i)(2), the period of service for which an individual shall be obligated to serve as an employee of the agency is 24 months for 

each academic year for which a scholarship under this section 

46 

is provided. Under no circumstances shall the total period of 

obligated service be more than 8 years. 

‘‘(2) BEGINNING OF SERVICE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), obligated service under paragraph (1) shall begin not 

later than 60 days after the individual obtains the educational degree for which the scholarship was provided. 

‘‘(B) DEFERRAL.—In accordance with regulations established by the Director of National Intelligence, the Director 

or designee may defer the obligation of an individual to 

provide a period of service under paragraph (1) if the Director or designee determines that such a deferral is appropriate. 

‘‘(h) REPAYMENT.— 

‘‘(1) IN GENERAL.—Scholarship recipients who fail to maintain a high level of academic standing, as defined by the Director of National Intelligence, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily 

terminate academic training before graduation from the educational program for which the scholarship was awarded, shall 

be in breach of their contractual agreement and, in lieu of any 

service obligation arising under such agreement, shall be liable 

to the United States for repayment within 1 year after the date 

of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, 

except as provided in subsection (i)(2). The repayment period 

may be extended by the Director when determined to be necessary, as established by regulation. 

‘‘(2) LIABILITY.—Scholarship recipients who, for any reason, 

fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and 

conditions of deferment established by the Director of National 

Intelligence under subsection (i)(2)(B), shall be in breach of 

their contractual agreement. When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal 

to— 

‘‘(A) the total amount of scholarships received by such 

individual under this section; and 

‘‘(B) the interest on the amounts of such awards which 

would be payable if at the time the awards were received 

they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United 

States, multiplied by 3. 

‘‘(i) CANCELLATION, WAIVER, OR SUSPENSION OF OBLIGATION.— 

‘‘(1) CANCELLATION.—Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death 

of the individual. 

‘‘(2) WAIVER OR SUSPENSION.—The Director of National Intelligence shall prescribe regulations to provide for the partial 

or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the 

47 

individual, or if enforcement of such obligation with respect to 

the individual would be contrary to the best interests of the 

Government. 

‘‘(j) REGULATIONS.—The Director of National Intelligence shall 

prescribe regulations necessary to carry out this section. 

‘‘(k) DEFINITIONS.—In this section: 

‘‘(1) AGENCY.—The term ‘agency’ means each element of the 

intelligence community as determined by the Director of National Intelligence. 

‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given that term 

under section 101 of the Higher Education Act of 1965 (20 

U.S.C. 1001). 

‘‘(3) PROGRAM.—The term ‘Program’ means the Intelligence 

Community Scholarship Program established under subsection 

(a).’’. 

Subtitle E—Additional Improvements of 

Intelligence Activities 

SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE COMMUNITY. 

The Director of National Intelligence, in cooperation with the 

Secretary of Defense and the Secretary of Energy, should seek to ensure that each service laboratory of the Department of Defense and 

each national laboratory of the Department of Energy may, acting 

through the relevant Secretary and in a manner consistent with the 

missions and commitments of the laboratory— 

(1) assist the Director of National Intelligence in all aspects 

of technical intelligence, including research, applied sciences, 

analysis, technology evaluation and assessment, and any other 

aspect that the relevant Secretary considers appropriate; and 

(2) make available to the intelligence community, on a community-wide basis— 

(A) the analysis and production services of the service 

and national laboratories, in a manner that maximizes the 

capacity and services of such laboratories; and 

(B) the facilities and human resources of the service 

and national laboratories, in a manner that improves the 

technological capabilities of the intelligence community. 

SEC. 1052. OPEN-SOURCE INTELLIGENCE. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Director of National Intelligence should establish an 

intelligence center for the purpose of coordinating the collection, 

analysis, production, and dissemination of open source intelligence to elements of the intelligence community; 

(2) open source intelligence is a valuable source that must 

be integrated into the intelligence cycle to ensure that United 

States policymakers are fully and completely informed; and 

(3) the intelligence center should ensure that each element 

of the intelligence community uses open source intelligence consistent with the mission of such element. 

(b) REQUIREMENT FOR EFFICIENT USE BY INTELLIGENCE COMMUNITY OF OPEN-SOURCE INTELLIGENCE.—The Director of National 

48 

Intelligence shall ensure that the intelligence community makes efficient and effective use of open-source information and analysis. 

(c) REPORT.—Not later than June 30, 2005, the Director of National Intelligence shall submit to the congressional intelligence 

committees a report containing the decision of the Director as to 

whether an open source intelligence center will be established. If the 

Director decides not to establish an open source intelligence center, 

such report shall also contain a description of how the intelligence 

community will use open source intelligence and effectively integrate 

open source intelligence into the national intelligence cycle. 

(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In 

this section, the term ‘‘congressional intelligence committees’’ 

means— 

(1) the Select Committee on Intelligence of the Senate; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives. 

SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS. 

(a) ESTABLISHMENT.—The Director of National Intelligence may 

provide for the establishment and training of a National Intelligence Reserve Corps (in this section referred to as ‘‘National Intelligence Reserve Corps’’) for the temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during periods of emergency, as determined by the Director. 

(b) ELIGIBLE INDIVIDUALS.—An individual may participate in 

the National Intelligence Reserve Corps only if the individual previously served as a full time employee of an element of the intelligence community. 

(c) TERMS OF PARTICIPATION.—The Director of National Intelligence shall prescribe the terms and conditions under which eligible individuals may participate in the National Intelligence Reserve 

Corps. 

(d) EXPENSES.—The Director of National Intelligence may provide members of the National Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of participating in any training that relates to service as a member of the Reserve Corps. 

(e) TREATMENT OF ANNUITANTS.—(1) If an annuitant receiving 

an annuity from the Civil Service Retirement and Disability Fund 

becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. 

(2) An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84 of title 5, United States 

Code. 

(f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE PERSONNEL CEILING.—A member of the National Intelligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling 

applicable to the Office of the Director of National Intelligence. 

49 

Subtitle F—Privacy and Civil Liberties 

SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) In conducting the war on terrorism, the Federal Government may need additional powers and may need to enhance the 

use of its existing powers. 

(2) This potential shift of power and authority to the Federal Government calls for an enhanced system of checks and 

balances to protect the precious liberties that are vital to our 

way of life. 

(b) ESTABLISHMENT OF BOARD.—There is established within the 

Executive Office of the President a Privacy and Civil Liberties Oversight Board (referred to in this section as the ‘‘Board’’). 

(c) FUNCTIONS.— 

(1) ADVICE AND COUNSEL ON DEVELOPMENT AND IMPLEMENTATION OF POLICY.—For the purpose of providing advice to the 

President or to the head of any department or agency of the executive branch, the Board shall— 

(A) review proposed regulations and executive branch 

policies related to efforts to protect the Nation from terrorism, including the development and adoption of information sharing guidelines under subsections (d) and (f) of 

section 1016; 

(B) review the implementation of laws, regulations, and 

executive branch policies related to efforts to protect the Nation from terrorism, including the implementation of information sharing guidelines under subsections (d) and (f) of 

section 1016; 

(C) advise the President and the head of any department or agency of the executive branch to ensure that privacy and civil liberties are appropriately considered in the 

development and implementation of such regulations and 

executive branch policies; and 

(D) in providing advice on proposals to retain or enhance a particular governmental power, consider whether 

the department, agency, or element of the executive branch 

concerned has explained— 

(i) that there is adequate supervision of the use by 

the executive branch of the power to ensure protection 

of privacy and civil liberties; 

(ii) that there are adequate guidelines and oversight to properly confine the use of the power; and 

(iii) that the need for the power, including the risk 

presented to the national security if the Federal Government does not take certain actions, is balanced with 

the need to protect privacy and civil liberties. 

(2) OVERSIGHT.—The Board shall continually review— 

(A) regulations, executive branch policies, and procedures (including the implementation of such regulations, 

policies, and procedures), related laws pertaining to efforts 

to protect the Nation from terrorism, and other actions by 

50 

the executive branch related to efforts to protect the Nation 

from terrorism to ensure that privacy and civil liberties are 

protected; and 

(B) the information sharing practices of the departments, agencies, and elements of the executive branch to determine whether or not such practices appropriately protect 

privacy and civil liberties and adhere to the information 

sharing guidelines under subsections (d) and (f) of section 

1016 and to other applicable laws, regulations, and executive branch policies regarding the protection of privacy and 

civil liberties. 

(3) SCOPE.—The Board shall ensure that concerns with respect to privacy and civil liberties are appropriately considered 

in the implementation of laws, regulations, and executive 

branch policies related to efforts to protect the Nation against 

terrorism. 

(4) REPORTS TO CONGRESS.—Not less frequently than annually, the Board shall prepare a report to Congress, unclassified 

to the greatest extent possible (with a classified annex, if necessary), on the Board’s major activities during the preceding period. 

(d) ACCESS TO INFORMATION.— (1) AUTHORIZATION.—If determined by the Board to be necessary to carry out its responsibilities under this section, the 

Board is authorized, to the extent permitted by law, to— 

(A) have access from any department or agency of the 

executive branch, or any Federal officer or employee of any 

such department or agency, to all relevant records, reports, 

audits, reviews, documents, papers, recommendations, or 

other relevant material, including classified information 

consistent with applicable law; 

(B) interview or take statements from officers of any department or agency of the executive branch; 

(C) request information or assistance from any State, 

tribal, or local government; and 

(D)(i) request that persons (other than departments, 

agencies, and elements of the executive branch) produce for 

the Board relevant information, documents, reports, answers, records, accounts, papers, and other documentary 

and testimonial evidence; and 

(ii) if the person to whom such a request is directed 

does not comply with the request within 45 days of receipt 

of such request, notify the Attorney General of such person’s 

failure to comply with such request, which notice shall include all relevant information. 

(2) PRODUCTION OF INFORMATION AND EVIDENCE.— 

(A) EXPLANATION OF NONCOMPLIANCE.—Upon receiving 

notification under paragraph (1)(D)(ii) regarding a request, 

the Attorney General shall provide an opportunity for the 

person subject to the request to explain the reasons for not 

complying with the request. 

(B) ACTION BY ATTORNEY GENERAL.—Upon receiving 

notification under paragraph (1)(D)(ii) regarding a request, 

the Attorney General shall review the request and may take 

such steps as appropriate to ensure compliance with the reVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00050 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
51 

quest for the information, documents, reports, answers, 

records, accounts, papers, and other documentary and testimonial evidence covered by the request. 

(3) AGENCY COOPERATION.—Whenever information or assistance requested under subparagraph (A) or (B) of paragraph 

(1) is, in the judgment of the Board, unreasonably refused or 

not provided, the Board shall report the circumstances to the 

head of the department or agency concerned without delay. If 

the requested information or assistance may be provided to the 

Board in accordance with applicable law, the head of the department or agency concerned shall ensure compliance with 

such request. 

(4) EXCEPTIONS FOR NATIONAL SECURITY.— 

(A) IN GENERAL.—If the National Intelligence Director, 

in consultation with the Attorney General, determines that 

it is necessary to withhold information requested under 

paragraph (3) to protect the national security interests of 

the United States, the head of the department or agency 

concerned shall not furnish such information to the Board. 

(B) CERTAIN INFORMATION.—If the Attorney General 

determines that it is necessary to withhold information requested under paragraph (3) from disclosure to protect sensitive law enforcement or counterterrorism information or 

ongoing operations, the head of the department or agency 

concerned shall not furnish such information to the Board. 

(e) MEMBERSHIP.— (1) MEMBERS.— (A) IN GENERAL.—The Board shall be composed of a 

chairman, a vice chairman, and three additional members 

appointed by the President. 

(B) CHAIRMAN AND VICE CHAIRMAN.—The chairman 

and vice chairman shall each be appointed by the President, by and with the advice and consent of the Senate. 

(C) APPOINTMENT REQUIREMENTS.—Any individual appointed to the Board shall be appointed from among trustworthy and distinguished citizens outside the Federal Government who are qualified on the basis of achievement, experience, and independence. 

(D) FULL-TIME SERVICE OF CHAIRMAN.—The chairman 

may serve on a full-time basis. 

(E) SERVICE AT PLEASURE OF PRESIDENT.—The chairman, vice chairman, and other members of the Board shall 

each serve at the pleasure of the President. 

(2) INCOMPATIBLE OFFICE.—An individual appointed to the 

Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than 

in the capacity as a member of the Board. 

(3) QUORUM AND MEETINGS.—The Board shall meet upon 

the call of the chairman or a majority of its members. Three 

members of the Board shall constitute a quorum. 

(f) COMPENSATION AND TRAVEL EXPENSES.— (1) COMPENSATION.— (A) CHAIRMAN ON FULL-TIME BASIS.—If the chairman 

serves on a full-time basis, the rate of pay for the chairman 

shall be the annual rate of basic pay in effect for a position 

52 

at level III of the Executive Schedule under section 5314 of 

title 5, United States Code. 

(B) CHAIRMAN AND VICE CHAIRMAN ON PART-TIME

BASIS.—The chairman, if serving on a part-time basis, and 

the vice chairman shall be compensated at a rate equal to 

the daily equivalent of the annual rate of basic pay in effect 

for a position at level III of the Executive Schedule under 

section 5314 of title 5, United States Code, for each day 

during which the such official is engaged in the actual performance of the duties of the Board. 

(C) MEMBERS.—Each member of the Board shall be 

compensated at a rate equal to the daily equivalent of the 

annual rate of basic pay in effect for a position at level IV 

of the Executive Schedule under section 5315 of title 5, 

United States Code, for each day during which that member is engaged in the actual performance of the duties of 

the Board. 

(2) TRAVEL EXPENSES.—Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, 

at rates authorized for persons employed intermittently by the 

Federal Government under section 5703(b) of title 5, United 

States Code, while away from their homes or regular places of 

business in the performance of services for the Board. 

(g) STAFF.— 

(1) APPOINTMENT AND COMPENSATION.—The chairman, in 

accordance with rules agreed upon by the Board, shall appoint 

and fix the compensation of an executive director and such 

other personnel as may be necessary to enable the Board to 

carry out its functions, without regard to the provisions of title 

5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 

and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of 

pay fixed under this subsection may exceed the equivalent of 

that payable for a position at level V of the Executive Schedule 

under section 5316 of title 5, United States Code. 

(2) DETAILEES.—Federal employees may be detailed to the 

Board without reimbursement from the Board, and such 

detailee shall retain the rights, status, and privileges of the 

detailee’s regular employment without interruption. 

(3) CONSULTANT SERVICES.—The Board may procure the 

temporary or intermittent services of experts and consultants in 

accordance with section 3109 of title 5, United States Code, at 

rates that do not exceed the daily rate paid a person occupying 

a position at level IV of the Executive Schedule under section 

5315 of such title. 

(h) SECURITY CLEARANCES.—The appropriate departments and 

agencies of the executive branch shall cooperate with the Board to 

expeditiously provide Board members and staff with appropriate security clearances to the extent possible under applicable procedures 

and requirements. Promptly upon commencing its work, the Board 

shall adopt, after consultation with the Secretary of Defense, the Attorney General, and the National Intelligence Director, rules and 

procedures of the Board for physical, communications, computer, 

53 

document, personnel, and other security in relation to the work of 

the Board. 

(i) APPLICABILITY OF CERTAIN LAWS.— 

(1) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect 

to the Board and its activities. 

(2) FREEDOM OF INFORMATION ACT.—For purposes of the 

Freedom of Information Act, the Board shall be treated as an 

agency (as that term is defined in section 551(1) of title 5, 

United States Code). 

(j) CONSTRUCTION.—Except as otherwise provided in this section, nothing in this section shall be construed to require any consultation with the Board by any department or agency of the executive branch or any Federal officer or employee, or any waiting period that must be observed by any department or agency of the executive branch or any Federal officer or employee, before developing, 

proposing, or implementing any legislation, law, regulation, policy, 

or guideline related to efforts to protect the Nation from terrorism. 

(k) PRESIDENTIAL RESPONSIBILITY.—The Board shall perform 

its functions within the executive branch and under the general supervision of the President. 

(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as may be necessary to carry out this 

section. 

SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND 

CIVIL LIBERTIES OFFICERS. 

It is the sense of Congress that each executive department or 

agency with law enforcement or antiterrorism functions should designate a privacy and civil liberties officer. 

Subtitle G—Conforming and Other 

Amendments 

SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF NATIONAL INTELLIGENCE AND DIRECTOR OF 

THE CENTRAL INTELLIGENCE AGENCY. 

(a) NATIONAL SECURITY ACT OF 1947.—(1) The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by striking ‘‘Director of Central Intelligence’’ each place it appears in the following 

provisions and inserting ‘‘Director of National Intelligence’’: 

(A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)). 

(B) Section 101(h)(5) (50 U.S.C. 402(h)(5)). 

(C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)). 

(D) Section 101(j) (50 U.S.C. 402(j)). 

(E) Section 105(a) (50 U.S.C. 403–5(a)). 

(F) Section 105(b)(6)(A) (50 U.S.C. 403–5(b)(6)(A)). 

(G) Section 105B(a)(1) (50 U.S.C. 403–5b(a)(1)). 

(H) Section 105B(b) (50 U.S.C. 403–5b(b)), the first place it 

appears. 

(I) Section 110(b) (50 U.S.C. 404e(b)). 

(J) Section 110(c) (50 U.S.C. 404e(c)). 

(K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)). 

(L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)). 

(M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)). 

54 

(N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)). 

(O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)). 

(P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)). 

(Q) Section 115(b) (50 U.S.C. 404j(b)). 

(R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)). 

(S) Section 116(a) (50 U.S.C. 404k(a)). 

(T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)). 

(U) Section 303(a) (50 U.S.C. 405(a)), both places it appears. 

(V) Section 501(d) (50 U.S.C. 413(d)). 

(W) Section 502(a) (50 U.S.C. 413a(a)). 

(X) Section 502(c) (50 U.S.C. 413a(c)). 

(Y) Section 503(b) (50 U.S.C. 413b(b)). 

(Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)). 

(AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)). 

(BB) Section 506A(a)(1) (50 U.S.C. 415a–1(a)(1)). 

(CC) Section 603(a) (50 U.S.C. 423(a)). 

(DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)). 

(EE) Section 702(a)(6)(B)(viii) (50 U.S.C. 432(a)(6)(B)(viii)). 

(FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places it 

appears. 

(GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)). 

(HH) Section 703(a)(6)(B)(viii) (50 U.S.C. 

432a(a)(6)(B)(viii)). 

(II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places it 

appears. 

(JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)). 

(KK) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)). 

(LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places 

it appears. 

(MM) Section 1001(a) (50 U.S.C. 441g(a)). 

(NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)). 

(OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)). 

(PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)). 

(QQ) Section 1102(d) (50 U.S.C. 442a(d)). 

(2) That Act is further amended by striking ‘‘of Central Intelligence’’ each place it appears in the following provisions: 

(A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). 

(B) Section 105B(a)(2) (50 U.S.C. 403–5b(a)(2)). 

(C) Section 105B(b) (50 U.S.C. 403–5b(b)), the second place 

it appears. 

(3) That Act is further amended by striking ‘‘Director’’ each 

place it appears in the following provisions and inserting ‘‘Director 

of National Intelligence’’: 

(A) Section 114(c) (50 U.S.C. 404i(c)). 

(B) Section 116(b) (50 U.S.C. 404k(b)). 

(C) Section 1001(b) (50 U.S.C. 441g(b)). 

(C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it appears. 

(D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)). 

(E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it appears. 

(4) Section 114A of that Act (50 U.S.C. 404i–1) is amended by 

striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of 

55 

National Intelligence, the Director of the Central Intelligence Agency’’ 

(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of the Central Intelligence Agency’’. 

(6) Section 701 of that Act (50 U.S.C. 431) is amended— 

(A) in subsection (a), by striking ‘‘Operational files of the 

Central Intelligence Agency may be exempted by the Director of 

Central Intelligence’’ and inserting ‘‘The Director of the Central 

Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central 

Intelligence Agency’’; and 

(B) in subsection (g)(1), by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of the Central Intelligence 

Agency and the Director of National Intelligence’’. 

(7) The heading for section 114 of that Act (50 U.S.C. 404i) is 

amended to read as follows: 

‘‘ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL

INTELLIGENCE’’. 

(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—(1) The 

Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is 

amended by striking ‘‘Director of Central Intelligence’’ each place it 

appears in the following provisions and inserting ‘‘Director of National Intelligence’’: 

(A) Section 6 (50 U.S.C. 403g). 

(B) Section 17(f) (50 U.S.C. 403q(f)), both places it appears. 

(2) That Act is further amended by striking ‘‘of Central Intelligence’’ in each of the following provisions: 

(A) Section 2 (50 U.S.C. 403b). 

(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)). 

(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)). 

(D) Section 20(c) (50 U.S.C. 403t(c)). 

(3) That Act is further amended by striking ‘‘Director of Central 

Intelligence’’ each place it appears in the following provisions and 

inserting ‘‘Director of the Central Intelligence Agency’’: 

(A) Section 14(b) (50 U.S.C. 403n(b)). 

(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)). 

(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it 

appears. 

(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)). 

(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)). 

(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—Section 

101 of the Central Intelligence Agency Retirement Act (50 U.S.C. 

2001) is amended by striking paragraph (2) and inserting the following new paragraph (2): 

‘‘(2) DIRECTOR.—The term ‘Director’ means the Director of 

the Central Intelligence Agency.’’. 

(d) CIA VOLUNTARY SEPARATION PAY ACT.—Subsection (a)(1) of 

section 2 of the Central Intelligence Agency Voluntary Separation 

Pay Act (50 U.S.C. 2001 note) is amended to read as follows: 

‘‘(1) the term ‘Director’ means the Director of the Central Intelligence Agency;’’. 

(e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.—(1) 

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 

56 

et seq.) is amended by striking ‘‘Director of Central Intelligence’’ 

each place it appears and inserting ‘‘Director of National Intelligence’’. 

(f) CLASSIFIED INFORMATION PROCEDURES ACT.—Section 9(a) of 

the Classified Information Procedures Act (5 U.S.C. App.) is amended by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of National Intelligence’’. 

(g) INTELLIGENCE AUTHORIZATION ACTS.— 

(1) PUBLIC LAW 103–359.—Section 811(c)(6)(C) of the Counterintelligence and Security Enhancements Act of 1994 (title 

VIII of Public Law 103–359) is amended by striking ‘‘Director 

of Central Intelligence’’ and inserting ‘‘Director of National Intelligence’’. 

(2) PUBLIC LAW 107–306.—(A) The Intelligence Authorization 

Act for Fiscal Year 2003 (Public Law 107–306) is amended by 

striking ‘‘Director of Central Intelligence, acting as the head of 

the intelligence community,’’ each place it appears in the following provisions and inserting ‘‘Director of National Intelligence’’: 

(i) Section 313(a) (50 U.S.C. 404n(a)). 

(ii) Section 343(a)(1) (50 U.S.C. 404n–2(a)(1)) 

(B) That Act is further amended by striking ‘‘Director of 

Central Intelligence’’ each place it appears in the following provisions and inserting ‘‘Director of National Intelligence’’: 

(i) Section 904(e)(4) (50 U.S.C. 402c(e)(4)). 

(ii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)). 

(iii) Section 904(h) (50 U.S.C. 402c(h)), each place it 

appears. 

(iv) Section 904(m) (50 U.S.C. 402c(m)). 

(C) Section 341 of that Act (50 U.S.C. 404n–1) is amended 

by striking ‘‘Director of Central Intelligence, acting as the head 

of the intelligence community, shall establish in the Central Intelligence Agency’’ and inserting ‘‘Director of National Intelligence shall establish within the Central Intelligence Agency’’. 

(D) Section 352(b) of that Act (50 U.S.C. 404–3 note) is 

amended by striking ‘‘Director’’ and inserting ‘‘Director of National Intelligence’’. 

(3) PUBLIC LAW 108–177.—(A) The Intelligence Authorization 

Act for Fiscal Year 2004 (Public Law 108–177) is amended by 

striking ‘‘Director of Central Intelligence’’ each place it appears 

in the following provisions and inserting ‘‘Director of National 

Intelligence’’: 

(i) Section 317(a) (50 U.S.C. 403–3 note). 

(ii) Section 317(h)(1). 

(iii) Section 318(a) (50 U.S.C. 441g note). 

(iv) Section 319(b) (50 U.S.C. 403 note). 

(v) Section 341(b) (28 U.S.C. 519 note). 

(vi) Section 357(a) (50 U.S.C. 403 note). 

(vii) Section 504(a) (117 Stat. 2634), both places it appears. 

(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is 

amended by striking ‘‘Director’’ the first place it appears and inserting ‘‘Director of National Intelligence’’. 

57 

(C) Section 404 of that Act (18 U.S.C. 4124 note) is amended by striking ‘‘Director of Central Intelligence’’ and inserting 

‘‘Director of the Central Intelligence Agency’’. 

SEC. 1072. OTHER CONFORMING AMENDMENTS 

(a) NATIONAL SECURITY ACT OF 1947.—(1) Section 101(j) of the 

National Security Act of 1947 (50 U.S.C. 402(j)) is amended by 

striking ‘‘Deputy Director of Central Intelligence’’ and inserting 

‘‘Principal Deputy Director of National Intelligence’’. 

(2) Section 105(a) of that Act (50 U.S.C. 403–5(a)) is amended 

by striking ‘‘The Secretary’’ in the matter preceding paragraph (1) 

and inserting ‘‘Consistent with sections 102 and 102A, the Secretary’’. 

(3) Section 105(b) of that Act (50 U.S.C. 403–5(b)) is amended 

by striking ‘‘103 and 104’’ in the matter preceding paragraph (1) 

and inserting ‘‘102 and 102A’’. 

(4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is 

amended by striking ‘‘section 103(c)(6) of this Act’’ and inserting 

‘‘section 102A(i) of this Act’’. 

(5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended 

by striking ‘‘to the Deputy Director of Central Intelligence, or with 

respect to employees of the Central Intelligence Agency, the Director 

may delegate such authority to the Deputy Director for Operations’’ 

and inserting ‘‘to the Principal Deputy Director of National Intelligence, or with respect to employees of the Central Intelligence 

Agency, to the Director of the Central Intelligence Agency’’. 

(6) Section 506A(b)(1) of that Act (50 U.S.C. 415a–1(b)(1)) is 

amended by striking ‘‘Office of the Deputy Director of Central Intelligence’’ and inserting ‘‘Office of the Director of National Intelligence’’. 

(7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended by striking ‘‘Office of the Director of Central Intelligence’’ and inserting ‘‘Office of the Director of National Intelligence’’. 

(8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended 

by striking ‘‘Assistant Director of Central Intelligence for Administration’’ and inserting ‘‘Office of the Director of National Intelligence’’. 

(b) CENTRAL INTELLIGENCE ACT OF 1949.—Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by 

striking ‘‘section 103(c)(7) of the National Security Act of 1947 (50 

U.S.C. 403–3(c)(7))’’ and inserting ‘‘section 102A(i) of the National 

Security Act of 1947’’. 

(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—Section 

201(c) of the Central Intelligence Agency Retirement Act (50 U.S.C. 

2011(c)) is amended by striking ‘‘paragraph (6) of section 103(c) of 

the National Security Act of 1947 (50 U.S.C. 403–3(c)) that the Director of Central Intelligence’’ and inserting ‘‘section 102A(i) of the 

National Security Act of 1947 (50 U.S.C. 403–3(c)(1)) that the Director of National Intelligence’’. 

(d) INTELLIGENCE AUTHORIZATION ACTS.— 

(1) PUBLIC LAW 107–306.—(A) Section 343(c) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 

107–306; 50 U.S.C. 404n–2(c)) is amended by striking ‘‘section 

103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403– 

3((c)(6))’’ and inserting ‘‘section 102A(i) of the National Security 

Act of 1947 (50 U.S.C. 403–3(c)(1))’’. 

58 

(B)(i) Section 902 of that Act (also known as the Counterintelligence Enhancements Act of 2002) (50 U.S.C. 402b) is 

amended by striking ‘‘President’’ each place it appears and inserting ‘‘Director of National Intelligence’’. 

(ii) Section 902(a)(2) of that Act is amended by striking 

‘‘Director of Central Intelligence’’ and inserting ‘‘Director of the 

Central Intelligence Agency’’. 

(C) Section 904 of that Act (50 U.S.C. 402c) is amended— 

(i) in subsection (c), by striking ‘‘Office of the Director 

of Central Intelligence’’ and inserting ‘‘Office of the Director 

of National Intelligence’’; and 

(ii) in subsection (l), by striking ‘‘Office of the Director 

of Central Intelligence’’ and inserting ‘‘Office of the Director 

of National Intelligence’’. 

(2) PUBLIC LAW 108–177.—(A) Section 317 of the Intelligence 

Authorization Act for Fiscal Year 2004 (Public Law 108–177; 

50 U.S.C. 403–3 note) is amended— 

(i) in subsection (g), by striking ‘‘Assistant Director of 

Central Intelligence for Analysis and Production’’ and inserting ‘‘Deputy Director of National Intelligence’’; and 

(ii) in subsection (h)(2)(C), by striking ‘‘Assistant Director’’ and inserting ‘‘Deputy Director of National Intelligence’’. 

(B) Section 318(e) of that Act (50 U.S.C. 441g note) is 

amended by striking ‘‘Assistant Director of Central Intelligence 

for Analysis and Production’’ and inserting ‘‘Deputy Director of 

National Intelligence’’. 

SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY ACT OF 1947. 

Paragraph (4) of section 3 of the National Security Act of 1947 

(50 U.S.C. 401a) is amended to read as follows: 

‘‘(4) The term ‘intelligence community’ includes the following: 

‘‘(A) The Office of the Director of National Intelligence. 

‘‘(B) The Central Intelligence Agency. 

‘‘(C) The National Security Agency. 

‘‘(D) The Defense Intelligence Agency. 

‘‘(E) The National Geospatial-Intelligence Agency. 

‘‘(F) The National Reconnaissance Office. 

‘‘(G) Other offices within the Department of Defense for 

the collection of specialized national intelligence through 

reconnaissance programs. 

‘‘(H) The intelligence elements of the Army, the Navy, 

the Air Force, the Marine Corps, the Federal Bureau of Investigation, and the Department of Energy. 

‘‘(I) The Bureau of Intelligence and Research of the Department of State. 

‘‘(J) The Office of Intelligence and Analysis of the Department of the Treasury. 

‘‘(K) The elements of the Department of Homeland Security concerned with the analysis of intelligence information, including the Office of Intelligence of the Coast Guard. 

‘‘(L) Such other elements of any other department or 

agency as may be designated by the President, or designated jointly by the Director of National Intelligence and 

59 

the head of the department or agency concerned, as an element of the intelligence community.’’. 

SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE 

PROGRAM AS NATIONAL INTELLIGENCE PROGRAM. 

(a) REDESIGNATION.—Paragraph (6) of section 3 of the National 

Security Act of 1947 (50 U.S.C. 401a) is amended by striking ‘‘Foreign’’. 

(b) CONFORMING AMENDMENTS.—(1)(A) Section 506 of the National Security Act of 1947 (50 U.S.C. 415a) is amended— 

(i) in subsection (a), by striking ‘‘National Foreign Intelligence Program’’ and inserting ‘‘National Intelligence Program’’; and 

(ii) in the section heading, by striking ‘‘FOREIGN’’. 

(B) Section 105 of that Act (50 U.S.C. 403–5) is amended— 

(i) in paragraphs (2) and (3) of subsection (a), by striking 

‘‘National Foreign Intelligence Program’’ and inserting ‘‘National Intelligence Program’’; and 

(ii) in the section heading, by striking ‘‘FOREIGN’’. 

(2) Section 17(f) of the Central Intelligence Agency Act of 1949 

(50 U.S.C. 403q(f)) is amended by striking ‘‘National Foreign Intelligence Program’’ and inserting ‘‘National Intelligence Program’’. 

SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY. 

Section 111 of the National Security Act of 1947 (50 U.S.C. 

404f) is repealed. 

SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 

1947. 

The table of contents in the first section of the National Security 

Act of 1947 is amended— 

(1) by striking the items relating to sections 102 through 

105 and inserting the following new items: 

‘‘Sec. 101A. Joint Intelligence Community Council. 

‘‘Sec. 102. Director of National Intelligence. 

‘‘Sec. 102A. Responsibilities and authorities of the Director of National Intelligence. 

‘‘Sec. 103. Office of the Director of National Intelligence. 

‘‘Sec. 103A. Deputy Directors of National Intelligence. 

‘‘Sec. 103B. National Intelligence Council. 

‘‘Sec. 103C. General Counsel. 

‘‘Sec. 103D. Civil Liberties Protection Officer. 

‘‘Sec. 103E. Director of Science and Technology. 

‘‘Sec. 103F. National Counterintelligence Executive. 

‘‘Sec. 104. Central Intelligence Agency. 

‘‘Sec. 104A. Director of the Central Intelligence Agency. 

‘‘Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National 

Intelligence Program.’’; 

(2) by striking the item relating to section 111; 

(3) by striking the item relating to section 114 and inserting 

the following new item: 

‘‘Sec. 114. Additional annual reports from the Director of National Intelligence.’’; 

(4) by inserting after the item relating to section 118 the following new items: 

‘‘Sec. 119. National Counterterrorism Center. 

‘‘Sec. 119A. National Counter Proliferation Center. 

‘‘Sec. 119B. National intelligence centers. 

(5) by striking the item relating to section 506 and inserting 

the following new item: 

60 

‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for 

counterterrorism, counterproliferation, counternarcotics, and counterintelligence.’’; 

and 

(6) by inserting after the item relating to section 1001 the 

following new items: 

‘‘Sec. 1002. Framework for cross-disciplinary education and training. 

‘‘Sec. 1003. Intelligence Community Scholarship Program.’’. 

SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING 

DUAL SERVICE OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY. 

Section 1 of the Central Intelligence Agency Act of 1949 (50 

U.S.C. 403a) is amended— 

(1) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively; and 

(2) by striking paragraph (2), as so redesignated, and inserting the following new paragraph (2): 

‘‘(2) ‘Director’ means the Director of the Central Intelligence 

Agency; and’’. 

SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE 

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. 

The Inspector General Act of 1978 (5 U.S.C. App.) is amended 

by inserting after section 8J the following new section: 

‘‘AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF

THE DIRECTOR OF NATIONAL INTELLIGENCE

‘‘SEC. 8K. If the Director of National Intelligence determines 

that an Office of Inspector General would be beneficial to improving 

the operations and effectiveness of the Office of the Director of National Intelligence, the Director of National Intelligence is authorized to establish, with any of the duties, responsibilities, and authorities set forth in this Act, an Office of Inspector General.’’. 

SEC. 1079. ETHICS MATTERS. 

(a) POLITICAL SERVICE OF PERSONNEL.—Section 7323(b)(2)(B)(i) 

of title 5, United States Code, is amended— 

(1) in subclause (XII), by striking ‘‘or’’ at the end; and 

(2) by inserting after subclause (XIII) the following new 

subclause: 

‘‘(XIV) the Office of the Director of National Intelligence; or’’. 

(b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS.—Section 

7342(f)(4) of title 5, United States Code, is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

(2) in subparagraph (A), as so designated, by striking ‘‘the 

Director of Central Intelligence’’ and inserting ‘‘the Director of 

the Central Intelligence Agency’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) In transmitting such listings for the Office of the Director 

of National Intelligence, the Director of National Intelligence may 

delete the information described in subparagraphs (A) and (C) of 

paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources.’’. 

61 

(c) EXEMPTION FROM FINANCIAL DISCLOSURES.—Section 

105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) is amended by inserting ‘‘the Office of the Director of National Intelligence,’’ 

before ‘‘the Central Intelligence Agency’’. 

SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE TO ACQUIRE AND MANAGE PROPERTY AND SERVICES. 

Section 113(e) of title 40, United States Code, is amended— 

(1) in paragraph (18), by striking ‘‘or’’ at the end; 

(2) in paragraph (19), by striking the period at the end and 

inserting ‘‘; or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(20) the Office of the Director of National Intelligence.’’. 

SEC. 1081. GENERAL REFERENCES. 

(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF INTELLIGENCE COMMUNITY.—Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the 

Director’s capacity as the head of the intelligence community in any 

law, regulation, document, paper, or other record of the United 

States shall be deemed to be a reference to the Director of National 

Intelligence. 

(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA.— 

Any reference to the Director of Central Intelligence or the Director 

of the Central Intelligence Agency in the Director’s capacity as the 

head of the Central Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be deemed 

to be a reference to the Director of the Central Intelligence Agency. 

(c) COMMUNITY MANAGEMENT STAFF.—Any reference to the 

Community Management Staff in any law, regulation, document, 

paper, or other record of the United States shall be deemed to be 

a reference to the staff of the Office of the Director of National Intelligence. 

Subtitle H—Transfer, Termination, 

Transition, and Other Provisions 

SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF. 

(a) TRANSFER.—There shall be transferred to the Office of the 

Director of National Intelligence such staff of the Community Management Staff as of the date of the enactment of this Act as the Director of National Intelligence determines to be appropriate, including all functions and activities discharged by the Community Management Staff as of that date. 

(b) ADMINISTRATION.—The Director of National Intelligence 

shall administer the Community Management Staff after the date 

of the enactment of this Act as a component of the Office of the Director of National Intelligence under section 103 of the National Security Act of 1947, as amended by section 1011(a) of this Act. 

SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER. 

(a) TRANSFER.—There shall be transferred to the National 

Counterterrorism Center the Terrorist Threat Integration Center 

(TTIC) or its successor entity, including all functions and activities 

62 

discharged by the Terrorist Threat Integration Center or its successor entity as of the date of the enactment of this Act. 

(b) ADMINISTRATION.—The Director of the National 

Counterterrorism Center shall administer the Terrorist Threat Integration Center after the date of the enactment of this Act as a component of the Directorate of Intelligence of the National 

Counterterrorism Center under section 119(i) of the National Security Act of 1947, as added by section 1021(a) of this Act. 

SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF 

CENTRAL INTELLIGENCE. 

(a) TERMINATION.—The positions referred to in subsection (b) 

are hereby abolished. 

(b) COVERED POSITIONS.—The positions referred to in this subsection are as follows: 

(1) The Assistant Director of Central Intelligence for Collection. 

(2) The Assistant Director of Central Intelligence for Analysis and Production. 

(3) The Assistant Director of Central Intelligence for Administration. 

SEC. 1094. IMPLEMENTATION PLAN. 

The President shall transmit to Congress a plan for the implementation of this title and the amendments made by this title. The 

plan shall address, at a minimum, the following: 

(1) The transfer of personnel, assets, and obligations to the 

Director of National Intelligence pursuant to this title. 

(2) Any consolidation, reorganization, or streamlining of activities transferred to the Director of National Intelligence pursuant to this title. 

(3) The establishment of offices within the Office of the Director of National Intelligence to implement the duties and responsibilities of the Director of National Intelligence as described in this title. 

(4) Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations to 

be transferred to the Director of National Intelligence. 

(5) Recommendations for additional legislative or administrative action as the President considers appropriate. 

SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM. 

(a) REPORT.—Not later than one year after the effective date of 

this Act, the Director of National Intelligence shall submit to the 

congressional intelligence committees a report on the progress made 

in the implementation of this title, including the amendments made 

by this title. The report shall include a comprehensive description 

of the progress made, and may include such recommendations for 

additional legislative or administrative action as the Director considers appropriate. 

(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In 

this section, the term ‘‘congressional intelligence committees’’ 

means— 

(1) the Select Committee on Intelligence of the Senate; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives. 

63 

SEC. 1096. TRANSITIONAL AUTHORITIES. 

(a) IN GENERAL.—Upon the request of the Director of National 

Intelligence, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to the Director of National Intelligence. 

(b) TRANSFER OF PERSONNEL.—In addition to any other authorities available under law for such purposes, in the fiscal year 

after the effective date of this Act, the Director of National Intelligence— 

(1) is authorized within the Office of the Director of National Intelligence 500 new personnel billets; and 

(2) with the approval of the Director of the Office of Management and Budget, may detail not more than 150 personnel 

funded within the National Intelligence Program to the Office 

of the Director of National Intelligence for a period of not more 

than 2 years. 

SEC. 1097. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as otherwise expressly provided in this 

Act, this title and the amendments made by this title shall take effect not later than six months after the date of the enactment of this 

Act. 

(b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not later than 60 days 

after the date of the appointment of the first Director of National 

Intelligence, the Director of National Intelligence shall first appoint 

individuals to positions within the Office of the Director of National 

Intelligence. 

(B) Subparagraph (A) shall not apply with respect to the Principal Deputy Director of National Intelligence. 

(2) Not later than 180 days after the effective date of this Act, 

the President shall transmit to Congress the implementation plan 

required by section 1094. 

(3) Not later than one year after the date of the enactment of 

this Act, the Director of National Intelligence shall prescribe regulations, policies, procedures, standards, and guidelines required under 

section 102A of the National Security Act of 1947, as amended by 

section 1011(a) of this Act. 

Subtitle I—Other Matters 

SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE OFFICERS. 

(a) STUDY.—The Secretary of Defense shall conduct a study of 

the promotion selection rates, and the selection rates for attendance 

at professional military education schools, of intelligence officers of 

the Armed Forces, particularly in comparison to the rates for other 

officers of the same Armed Force who are in the same grade and 

competitive category. 

(b) REPORT.—The Secretary shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report 

providing the Secretary’s findings resulting from the study under 

subsection (a) and the Secretary’s recommendations (if any) for such 

changes in law as the Secretary considers needed to ensure that intelligence officers, as a group, are selected for promotion, and for atVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00063 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
64 

tendance at professional military education schools, at rates not less 

than the rates for all line (or the equivalent) officers of the same 

Armed Force (both in the zone and below the zone) in the same 

grade. The report shall be submitted not later than April 1, 2005. 

SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC INTEREST DECLASSIFICATION BOARD. 

(a) DIRECTION.—Section 703(a) of the Public Interest Declassification Act of 2000 (title VII of Public Law 106–567; 114 Stat. 

2856; 50 U.S.C. 435 note) is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘ESTABLISHMENT.—’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Board shall report directly to the President or, upon 

designation by the President, the Vice President, the Attorney General, or other designee of the President. The other designee of the 

President under this paragraph may not be an agency head or official authorized to classify information under Executive Order 

12958, or any successor order.’’. 

(b) PURPOSES.—Section 703(b) of that Act (114 Stat. 2856) is 

amended by adding at the end the following new paragraph: 

‘‘(5) To review and make recommendations to the President 

in a timely manner with respect to any congressional request, 

made by the committee of jurisdiction, to declassify certain 

records or to reconsider a declination to declassify specific 

records.’’. 

(c) RECOMMENDATIONS ON SPECIAL SEARCHES.—Section 

704(c)(2)(A) of that Act (114 Stat. 2860) is amended by inserting before the period the following: ‘‘, and also including specific requests 

for the declassification of certain records or for the reconsideration 

of declinations to declassify specific records’’. 

(d) DECLASSIFICATION REVIEWS.—Section 704 of that Act (114 

Stat. 2859) is further amended by adding at the end the following 

new subsection: 

‘‘(e) DECLASSIFICATION REVIEWS.—If requested by the President, 

the Board shall review in a timely manner certain records or declinations to declassify specific records, the declassification of which 

has been the subject of specific congressional request described in 

section 703(b)(5).’’. 

(e) NOTIFICATION OF REVIEW.—Section 706 of that Act (114 

Stat. 2861) is amended by adding at the end the following new subsection: 

‘‘(f) NOTIFICATION OF REVIEW.—In response to a specific congressional request for declassification review described in section 

703(b)(5), the Board shall advise the originators of the request in a 

timely manner whether the Board intends to conduct such review.’’. 

(f) EXTENSION.—Section 710(b) of that Act (114 Stat. 2864) is 

amended by striking ‘‘4 years’’ and inserting ‘‘8 years’’. 

SEC. 1103. SEVERABILITY. 

If any provision of this Act, or an amendment made by this Act, 

or the application of such provision to any person or circumstance 

is held invalid, the remainder of this Act, or the application of such 

provision to persons or circumstances other than those to which 

such provision is held invalid shall not be affected thereby. 

65 

TITLE II—FEDERAL BUREAU OF 

INVESTIGATION 

SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE 

FEDERAL BUREAU OF INVESTIGATION. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The National Commission on Terrorist Attacks Upon 

the United States in its final report stated that, under Director 

Robert Mueller, the Federal Bureau of Investigation has made 

significant progress in improving its intelligence capabilities. 

(2) In the report, the members of the Commission also 

urged that the Federal Bureau of Investigation fully institutionalize the shift of the Bureau to a preventive 

counterterrorism posture. 

(b) IMPROVEMENT OF INTELLIGENCE CAPABILITIES.—The Director of the Federal Bureau of Investigation shall continue efforts to 

improve the intelligence capabilities of the Federal Bureau of Investigation and to develop and maintain within the Bureau a national 

intelligence workforce. 

(c) NATIONAL INTELLIGENCE WORKFORCE.—(1) In developing 

and maintaining a national intelligence workforce under subsection 

(b), the Director of the Federal Bureau of Investigation shall, develop and maintain a specialized and integrated national intelligence workforce consisting of agents, analysts, linguists, and surveillance specialists who are recruited, trained, and rewarded in a 

manner which ensures the existence within the Federal Bureau of 

Investigation an institutional culture with substantial expertise in, 

and commitment to, the intelligence mission of the Bureau. 

(2) Each agent employed by the Bureau after the date of the enactment of this Act shall receive basic training in both criminal justice matters and national intelligence matters. 

(3) Each agent employed by the Bureau after the date of the enactment of this Act shall, to the maximum extent practicable, be 

given the opportunity to undergo, during such agent’s early service 

with the Bureau, meaningful assignments in criminal justice matters and in national intelligence matters. 

(4) The Director shall— 

(A) establish career positions in national intelligence matters for agents, analysts, and related personnel of the Bureau; 

and 

(B) in furtherance of the requirement under subparagraph 

(A) and to the maximum extent practicable, afford agents, analysts, and related personnel of the Bureau the opportunity to 

work in the career specialty selected by such agents, analysts, 

and related personnel over their entire career with the Bureau. 

(5) The Director shall carry out a program to enhance the capacity of the Bureau to recruit and retain individuals with backgrounds in intelligence, international relations, language, technology, and other skills relevant to the intelligence mission of the 

Bureau. 

(6) The Director shall, to the maximum extent practicable, afford the analysts of the Bureau training and career opportunities 

commensurate with the training and career opportunities afforded 

analysts in other elements of the intelligence community. 

66 

(7) Commencing as soon as practicable after the date of the enactment of this Act, each direct supervisor of a Field Intelligence 

Group, and each Bureau Operational Manager at the Section Chief 

and Assistant Special Agent in Charge (ASAC) level and above, 

shall be a certified intelligence officer. 

(8) The Director shall, to the maximum extent practicable, ensure that the successful discharge of advanced training courses, and 

of one or more assignments to another element of the intelligence 

community, is a precondition to advancement to higher level intelligence assignments within the Bureau. 

(d) FIELD OFFICE MATTERS.—(1) In improving the intelligence 

capabilities of the Federal Bureau of Investigation under subsection 

(b), the Director of the Federal Bureau of Investigation shall ensure 

that each Field Intelligence Group reports directly to a field office 

senior manager responsible for intelligence matters. 

(2) The Director shall provide for such expansion of the secure 

facilities in the field offices of the Bureau as is necessary to ensure 

the discharge by the field offices of the intelligence mission of the 

Bureau. 

(3) The Director shall require that each Field Intelligence Group 

manager ensures the integration of analysts, agents, linguists, and 

surveillance personnel in the field. 

(e) DISCHARGE OF IMPROVEMENTS.—(1) The Director of the Federal Bureau of Investigation shall carry out subsections (b) through 

(d) through the head of the Directorate of Intelligence of the Federal 

Bureau of Investigation. 

(2) The Director of the Federal Bureau of Investigation shall 

carry out subsections (b) through (d) under the joint guidance of the 

Attorney General and the National Intelligence Director in a manner consistent with section 112(e). 

(f) BUDGET MATTERS.—The Director of the Federal Bureau of 

Investigation shall, establish a budget structure of the Federal Bureau of Investigation to reflect the four principal missions of the Bureau as follows: 

(1) Intelligence. 

(2) Counterterrorism and counterintelligence. 

(3) Criminal Enterprises/Federal Crimes. 

(4) Criminal justice services. 

(g) REPORTS.—(1) Not later than 180 days after the date of the 

enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to Congress a report on the progress made as 

of the date of such report in carrying out the requirements of this 

section. 

(2) The Director shall include in each annual program review 

of the Federal Bureau of Investigation that is submitted to Congress 

a report on the progress made by each field office of the Bureau during the period covered by such review in addressing Bureau and national program priorities. 

(3) Not later than 180 days after the date of the enactment of 

this Act, and every 12 months thereafter, the Director shall submit 

to Congress a report assessing the qualifications, status, and roles 

of analysts at Bureau headquarters and in the field offices of the 

Bureau. 

(4) Not later than 180 days after the date of the enactment of 

this Act, and every 12 months thereafter, the Director shall submit 

67 

to Congress a report on the progress of the Bureau in implementing 

information-sharing principles. 

SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU 

OF INVESTIGATION. 

(a) DIRECTORATE OF INTELLIGENCE OF FEDERAL BUREAU OF IN- VESTIGATION.—The element of the Federal Bureau of Investigation 

known as of the date of the enactment of this Act as the Office of 

Intelligence is hereby redesignated as the Directorate of Intelligence 

of the Federal Bureau of Investigation. 

(b) HEAD OF DIRECTORATE.—The head of the Directorate of Intelligence shall be the Executive Assistant Director for Intelligence 

of the Federal Bureau of Investigation. 

(c) RESPONSIBILITIES.—The Directorate of Intelligence shall be 

responsible for the following: 

(1) Supervision of all national intelligence programs, 

projects, and activities of the Bureau. 

(2) The discharge by the Bureau of the requirements in section 105B of the National Security Act of 1947 (50 U.S.C. 403– 

5b). 

(3) The oversight of Bureau field intelligence operations. 

(4) Coordinating human source development and management by the Bureau. 

(5) Coordinating collection by the Bureau against nationally-determined intelligence requirements. 

(6) Strategic analysis. 

(7) Intelligence program and budget management. 

(8) The intelligence workforce. 

(9) Any other responsibilities specified by the Director of the 

Federal Bureau of Investigation or specified by law. 

(d) STAFF.—The Directorate of Intelligence shall consist of such 

staff as the Director of the Federal Bureau of Investigation considers 

appropriate for the activities of the Directorate. 

SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE. 

(a) ESTABLISHMENT OF FEDERAL BUREAU OF INVESTIGATION IN- TELLIGENCE CAREER SERVICE.—The Director of the Federal Bureau 

of Investigation may— 

(1) in consultation with the Director of the Office of Personnel Management— 

(A) establish positions for intelligence analysts, and 

prescribe standards and procedures for establishing and 

classifying such positions, without regard to chapter 51 of 

title 5, United States Code; and 

(B) fix the rate of basic pay for such positions, without 

regard to subchapter III of chapter 53 of title 5, United 

States Code, if the rate of pay is not greater than the rate 

of basic pay payable for level IV of the Executive Schedule; 

(2) appoint individuals to such positions; and 

(3) establish a performance management system for such 

individuals with at least one level of performance above a retention standard. 

(b) REPORTING REQUIREMENT.—Not less than 60 days before 

the date of the implementation of authorities authorized under this 

section, the Director of the Federal Bureau of Investigation shall 

submit an operating plan describing the Director’s intended use of 

68 

the authorities under this section to the appropriate committees of 

Congress. 

(c) ANNUAL REPORT.—Not later than December 31, 2005, and 

annually thereafter for 4 years, the Director of the Federal Bureau 

of Investigation shall submit an annual report of the use of the permanent authorities provided under this section during the preceding 

fiscal year to the appropriate committees of Congress. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress means’’— 

(1) the Committees on Appropriations, Homeland Security 

and Governmental Affairs, and the Judiciary and the Select 

Committee on Intelligence of the Senate; and 

(2) the Committees on Appropriations, Government Reform, 

and the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives. 

SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE. 

(a) IN GENERAL.—Chapter 35 of title 5, United States Code, is 

amended by adding at the end the following: 

‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED 

EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION 

‘‘§ 3598. Federal Bureau of Investigation Reserve Service 

‘‘(a) ESTABLISHMENT.—The Director of the Federal Bureau of 

Investigation may provide for the establishment and training of a 

Federal Bureau of Investigation Reserve Service (hereinafter in this 

section referred to as the ‘FBI Reserve Service’) for temporary reemployment of employees in the Bureau during periods of emergency, 

as determined by the Director. 

‘‘(b) MEMBERSHIP.—Membership in the FBI Reserve Service 

shall be limited to individuals who previously served as full-time 

employees of the Bureau. 

‘‘(c) ANNUITANTS.—If an individual receiving an annuity from 

the Civil Service Retirement and Disability Fund on the basis of 

such individual’s service becomes temporarily reemployed pursuant 

to this section, such annuity shall not be discontinued thereby. An 

individual so reemployed shall not be considered an employee for 

the purposes of chapter 83 or 84. 

‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEILING.—FBI Reserve 

Service members reemployed on a temporary basis pursuant to this 

section shall not count against any personnel ceiling applicable to 

the Bureau. 

‘‘(e) EXPENSES.—The Director may provide members of the FBI 

Reserve Service transportation and per diem in lieu of subsistence, 

in accordance with applicable provisions of this title, for the purpose 

of participating in any training that relates to service as a member 

of the FBI Reserve Service. 

‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of the FBI Reserve Service is not to exceed 500 members at any given time. 

‘‘(g) LIMITATION ON DURATION OF SERVICE.—An individual may 

not be reemployed under this section for more than 180 days in connection with any particular emergency unless, in the judgment of 

the Director, the public interest so requires.’’. 

69 

(b) CLERICAL AMENDMENT.—The analysis for chapter 35 of title 

5, United States Code, is amended by adding at the end the following: 

‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL

BUREAU OF INVESTIGATION

‘‘3598. Federal Bureau of Investigation Reserve Service.’’. 

SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPARATION AGE. 

(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8335(b) of 

title 5, United States Code, is amended— 

(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and 

(2) by adding at the end the following: 

‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied 

by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the preceding 

sentence, and the authority to grant such exemptions shall cease 

to be available after September 30, 2007.’’. 

(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 

8425(b) of title 5, United States Code, is amended— 

(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and 

(2) by adding at the end the following: 

‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied 

by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the preceding 

sentence, and the authority to grant such exemptions shall cease 

to be available after September 30, 2007.’’. 

SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANSLATORS. 

Not later than 30 days after the date of the enactment of this 

Act, and annually thereafter, the Attorney General of the United 

States shall submit to the Committee on the Judiciary of the Senate 

and the Committee on the Judiciary of the House of Representatives 

a report that contains, with respect to each preceding 12-month period— 

(1) the number of translators employed, or contracted for, 

by the Federal Bureau of Investigation or other components of 

the Department of Justice; 

(2) any legal or practical impediments to using translators 

employed by the Federal, State, or local agencies on a full-time, 

part-time, or shared basis; 

(3) the needs of the Federal Bureau of Investigation for the 

specific translation services in certain languages, and recommendations for meeting those needs; 

(4) the status of any automated statistical reporting system, 

including implementation and future viability; 

(5) the storage capabilities of the digital collection system 

or systems utilized; 

(6) a description of the establishment and compliance with 

audio retention policies that satisfy the investigative and intelligence goals of the Federal Bureau of Investigation; and 

70 

(7) a description of the implementation of quality control 

procedures and mechanisms for monitoring compliance with 

quality control procedures. 

TITLE III—SECURITY CLEARANCES 

SEC. 3001. SECURITY CLEARANCES. 

(a) DEFINITIONS.—In this section: 

(1) The term ‘‘agency’’ means— 

(A) an executive agency (as that term is defined in section 105 of title 5, United States Code); 

(B) a military department (as that term is defined in 

section 102 of title 5, United States Code); and 

(C) an element of the intelligence community. 

(2) The term ‘‘authorized investigative agency’’ means an 

agency designated by the head of the agency selected pursuant 

to subsection (b) to conduct a counterintelligence investigation 

or investigation of persons who are proposed for access to classified information to ascertain whether such persons satisfy the 

criteria for obtaining and retaining access to such information. 

(3) The term ‘‘authorized adjudicative agency’’ means an 

agency authorized by law, regulation, or direction of the Director of National Intelligence to determine eligibility for access to 

classified information in accordance with Executive Order 

12968. 

(4) The term ‘‘highly sensitive program’’ means— 

(A) a government program designated as a Special Access Program (as that term is defined in section 4.1(h) of 

Executive Order 12958 or any successor Executive order); or 

(B) a government program that applies restrictions required for— 

(i) restricted data (as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 

2014(y)); or 

(ii) other information commonly referred to as 

‘‘sensitive compartmented information’’. 

(5) The term ‘‘current investigation file’’ means, with respect 

to a security clearance, a file on an investigation or adjudication that has been conducted during— 

(A) the 5-year period beginning on the date the security 

clearance was granted, in the case of a Top Secret Clearance, or the date access was granted to a highly sensitive 

program; 

(B) the 10-year period beginning on the date the security clearance was granted in the case of a Secret Clearance; and 

(C) the 15-year period beginning on the date the security clearance was granted in the case of a Confidential 

Clearance. 

(6) The term ‘‘personnel security investigation’’ means any 

investigation required for the purpose of determining the eligibility of any military, civilian, or government contractor personnel to access classified information. 

71 

(7) The term ‘‘periodic reinvestigations’’ means investigations conducted for the purpose of updating a previously completed background investigation— 

(A) every 5 years in the case of a top secret clearance 

or access to a highly sensitive program; 

(B) every 10 years in the case of a secret clearance; or 

(C) every 15 years in the case of a Confidential Clearance. 

(8) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Permanent Select Committee on Intelligence 

and the Committees on Armed Services, Homeland Security, Government Reform, and the Judiciary of the House 

of Representatives; and 

(B) the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security and Governmental Affairs, and the Judiciary of the Senate. 

(b) SELECTION OF ENTITY.—Not later than 90 days after the 

date of the enactment of this Act, the President shall select a single 

department, agency, or element of the executive branch to be responsible for— 

(1) directing day-to-day oversight of investigations and adjudications for personnel security clearances, including for 

highly sensitive programs, throughout the United States Government; 

(2) developing and implementing uniform and consistent 

policies and procedures to ensure the effective, efficient, and 

timely completion of security clearances and determinations for 

access to highly sensitive programs, including the standardization of security questionnaires, financial disclosure requirements for security clearance applicants, and polygraph policies 

and procedures; 

(3) serving as the final authority to designate an authorized 

investigative agency or authorized adjudicative agency; 

(4) ensuring reciprocal recognition of access to classified information among the agencies of the United States Government, 

including acting as the final authority to arbitrate and resolve 

disputes involving the reciprocity of security clearances and access to highly sensitive programs pursuant to subsection (d); 

(5) ensuring, to the maximum extent practicable, that sufficient resources are available in each agency to achieve clearance 

and investigative program goals; and 

(6) reviewing and coordinating the development of tools 

and techniques for enhancing the conduct of investigations and 

granting of clearances. 

(c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS.— 

(1) Notwithstanding any other provision of law, not later than 180 

days after the date of the enactment of this Act, the President shall, 

in consultation with the head of the entity selected pursuant to subsection (b), select a single agency of the executive branch to conduct, 

to the maximum extent practicable, security clearance investigations 

of employees and contractor personnel of the United States Government who require access to classified information and to provide 

and maintain all security clearances of such employees and contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to conduct such investigaVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00071 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
72 

tions if the head of the entity selected pursuant to subsection (b) considers it appropriate for national security and efficiency purposes. 

(2) The agency selected under paragraph (1) shall— 

(A) take all necessary actions to carry out the requirements 

of this section, including entering into a memorandum of understanding with any agency carrying out responsibilities relating to security clearances or security clearance investigations 

before the date of the enactment of this Act; 

(B) as soon as practicable, integrate reporting of security 

clearance applications, security clearance investigations, and 

determinations of eligibility for security clearances, with the 

database required by subsection (e); and 

(C) ensure that security clearance investigations are conducted in accordance with uniform standards and requirements 

established under subsection (b), including uniform security 

questionnaires and financial disclosure requirements. 

(d) RECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETERMINATIONS.—(1) All security clearance background investigations 

and determinations completed by an authorized investigative agency 

or authorized adjudicative agency shall be accepted by all agencies. 

(2) All security clearance background investigations initiated by 

an authorized investigative agency shall be transferable to any other 

authorized investigative agency. 

(3)(A) An authorized investigative agency or authorized adjudicative agency may not establish additional investigative or adjudicative requirements (other than requirements for the conduct of a 

polygraph examination) that exceed requirements specified in Executive Orders establishing security requirements for access to classified information without the approval of the head of the entity selected pursuant to subsection (b). 

(B) Notwithstanding subparagraph (A), the head of the entity 

selected pursuant to subsection (b) may establish such additional requirements as the head of such entity considers necessary for national security purposes. 

(4) An authorized investigative agency or authorized adjudicative agency may not conduct an investigation for purposes of determining whether to grant a security clearance to an individual where 

a current investigation or clearance of equal level already exists or 

has been granted by another authorized adjudicative agency. 

(5) The head of the entity selected pursuant to subsection (b) 

may disallow the reciprocal recognition of an individual security 

clearance by an agency under this section on a case-by-case basis if 

the head of the entity selected pursuant to subsection (b) determines 

that such action is necessary for national security purposes. 

(6) The head of the entity selected pursuant to subsection (b) 

shall establish a review procedure by which agencies can seek review of actions required under this section. 

(e) DATABASE ON SECURITY CLEARANCES.—(1) Not later than 12 

months after the date of the enactment of this Act, the Director of 

the Office of Personnel Management shall, in cooperation with the 

heads of the entities selected pursuant to subsections (b) and (c), establish and commence operating and maintaining an integrated, secure, database into which appropriate data relevant to the granting, 

denial, or revocation of a security clearance or access pertaining to 

73 

military, civilian, or government contractor personnel shall be entered from all authorized investigative and adjudicative agencies. 

(2) The database under this subsection shall function to integrate information from existing Federal clearance tracking systems 

from other authorized investigative and adjudicative agencies into 

a single consolidated database. 

(3) Each authorized investigative or adjudicative agency shall 

check the database under this subsection to determine whether an 

individual the agency has identified as requiring a security clearance has already been granted or denied a security clearance, or has 

had a security clearance revoked, by any other authorized investigative or adjudicative agency. 

(4) The head of the entity selected pursuant to subsection (b) 

shall evaluate the extent to which an agency is submitting information to, and requesting information from, the database under this 

subsection as part of a determination of whether to certify the agency as an authorized investigative agency or authorized adjudicative 

agency. 

(5) The head of the entity selected pursuant to subsection (b) 

may authorize an agency to withhold information about certain individuals from the database under this subsection if the head of the 

entity considers it necessary for national security purposes. 

(f) EVALUATION OF USE OF AVAILABLE TECHNOLOGY IN CLEAR- ANCE INVESTIGATIONS AND ADJUDICATIONS.—(1) The head of the entity selected pursuant to subsection (b) shall evaluate the use of 

available information technology and databases to expedite investigative and adjudicative processes for all and to verify standard information submitted as part of an application for a security clearance. 

(2) The evaluation shall assess the application of the technologies described in paragraph (1) for— 

(A) granting interim clearances to applicants at the secret, 

top secret, and special access program levels before the completion of the appropriate full investigation; 

(B) expediting investigations and adjudications of security 

clearances, including verification of information submitted by 

the applicant; 

(C) ongoing verification of suitability of personnel with security clearances in effect for continued access to classified information; 

(D) use of such technologies to augment periodic reinvestigations; 

(E) assessing the impact of the use of such technologies on 

the rights of applicants to verify, correct, or challenge information obtained through such technologies; and 

(F) such other purposes as the head of the entity selected 

pursuant to subsection (b) considers appropriate. 

(3) An individual subject to verification utilizing the technology 

described in paragraph (1) shall be notified of such verification, 

shall provide consent to such use, and shall have access to data 

being verified in order to correct errors or challenge information the 

individual believes is incorrect. 

(4) Not later than one year after the date of the enactment of 

this Act, the head of the entity selected pursuant to subsection (b) 

shall submit to the President and the appropriate committees of 

74 

Congress a report on the results of the evaluation, including recommendations on the use of technologies described in paragraph 

(1). 

(g) REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE PROCESS.—(1) The head of the entity selected pursuant to subsection (b) shall, within 90 days of selection under that subsection, 

develop, in consultation with the appropriate committees of Congress and each authorized adjudicative agency, a plan to reduce the 

length of the personnel security clearance process. 

(2)(A) To the extent practical the plan under paragraph (1) 

shall require that each authorized adjudicative agency make a determination on at least 90 percent of all applications for a personnel 

security clearance within an average of 60 days after the date of receipt of the completed application for a security clearance by an authorized investigative agency. Such 60-day average period shall include— 

(i) a period of not longer than 40 days to complete the investigative phase of the clearance review; and 

(ii) a period of not longer than 20 days to complete the adjudicative phase of the clearance review. 

(B) Determinations on clearances not made within 60 days 

shall be made without delay. 

(3)(A) The plan under paragraph (1) shall take effect 5 years 

after the date of the enactment of this Act. 

(B) During the period beginning on a date not later than 2 

years after the date after the enactment of this Act and ending on 

the date on which the plan under paragraph (1) takes effect, each 

authorized adjudicative agency shall make a determination on at 

least 80 percent of all applications for a personnel security clearance 

pursuant to this section within an average of 120 days after the date 

of receipt of the application for a security clearance by an authorized investigative agency. Such 120-day average period shall include— 

(i) a period of not longer than 90 days to complete the investigative phase of the clearance review; and 

(ii) a period of not longer than 30 days to complete the adjudicative phase of the clearance review. 

(h) REPORTS.—(1) Not later than February 15, 2006, and annually thereafter through 2011, the head of the entity selected pursuant to subsection (b) shall submit to the appropriate committees of 

Congress a report on the progress made during the preceding year 

toward meeting the requirements of this section. 

(2) Each report shall include, for the period covered by such report— 

(A) the periods of time required by the authorized investigative agencies and authorized adjudicative agencies for conducting investigations, adjudicating cases, and granting clearances, from date of submission to ultimate disposition and notification to the subject and the subject’s employer; 

(B) a discussion of any impediments to the smooth and 

timely functioning of the requirements of this section; and 

(C) such other information or recommendations as the head 

of the entity selected pursuant to subsection (b) considers appropriate. 

75 

(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated such sums as may be necessary for fiscal year 2005 

and each fiscal year thereafter for the implementation, maintenance, 

and operation of the database required by subsection (e). 

TITLE IV—TRANSPORTATION SECURITY 

Subtitle A—National Strategy for 

Transportation Security 

SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY. 

(a) IN GENERAL.—Section 114 of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘(t) TRANSPORTATION SECURITY STRATEGIC PLANNING.— ‘‘(1) IN GENERAL.—The Secretary of Homeland Security 

shall develop, prepare, implement, and update, as needed— 

‘‘(A) a National Strategy for Transportation Security; 

and 

‘‘(B) transportation modal security plans. 

‘‘(2) ROLE OF SECRETARY OF TRANSPORTATION.—The Secretary of Homeland Security shall work jointly with the Secretary of Transportation in developing, revising, and updating 

the documents required by paragraph (1). 

‘‘(3) CONTENTS OF NATIONAL STRATEGY FOR TRANSPOR- TATION SECURITY.—The National Strategy for Transportation 

Security shall include the following: 

‘‘(A) An identification and evaluation of the transportation assets in the United States that, in the interests of 

national security and commerce, must be protected from attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, 

rail, mass transit, over-the-road bus, and other public 

transportation infrastructure assets that could be at risk of 

such an attack or disruption. 

‘‘(B) The development of risk-based priorities across all 

transportation modes and realistic deadlines for addressing 

security needs associated with those assets referred to in 

subparagraph (A). 

‘‘(C) The most appropriate, practical, and cost-effective 

means of defending those assets against threats to their security. 

‘‘(D) A forward-looking strategic plan that sets forth 

the agreed upon roles and missions of Federal, state, regional, and local authorities and establishes mechanisms 

for encouraging private sector cooperation and participation in the implementation of such plan. 

‘‘(E) A comprehensive delineation of response and recovery responsibilities and issues regarding threatened and 

executed acts of terrorism within the United States. 

‘‘(F) A prioritization of research and development objectives that support transportation security needs, giving a 

higher priority to research and development directed toward protecting vital transportation assets. 

76 

‘‘(4) SUBMISSIONS OF PLANS TO CONGRESS.— 

‘‘(A) INITIAL STRATEGY.—The Secretary of Homeland 

Security shall submit the National Strategy for Transportation Security, including the transportation modal security 

plans, developed under this subsection to the appropriate 

congressional committees not later than April 1, 2005. 

‘‘(B) SUBSEQUENT VERSIONS.—After December 31, 2005, 

the Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the 

transportation modal security plans and any revisions to 

the National Strategy for Transportation Security and the 

transportation modal security plans, to appropriate congressional committees not less frequently than April 1 of 

each even-numbered year. 

‘‘(C) PERIODIC PROGRESS REPORT.— 

‘‘(i) REQUIREMENT FOR REPORT.—Each year, in 

conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States 

Code, the Secretary of Homeland Security shall submit 

to the appropriate congressional committees an assessment of the progress made on implementing the National Strategy for Transportation Security. 

‘‘(ii) CONTENT.—Each progress report under this 

subparagraph shall include, at a minimum, recommendations for improving and implementing the 

National Strategy for Transportation Security and the 

transportation modal security plans that the Secretary, 

in consultation with the Secretary of Transportation, 

considers appropriate. 

‘‘(D) CLASSIFIED MATERIAL.—Any part of the National 

Strategy for Transportation Security or the transportation 

modal security plans that involve information that is properly classified under criteria established by Executive order 

shall be submitted to the appropriate congressional committees separately in a classified format. 

‘‘(E) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term ‘‘appropriate congressional committees’’ means the Committee on Transportation 

and Infrastructure and the Select Committee on Homeland 

Security of the House of Representatives and the Committee 

on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of 

the Senate. 

‘‘(5) PRIORITY STATUS.— 

‘‘(A) IN GENERAL.—The National Strategy for Transportation Security shall be the governing document for Federal 

transportation security efforts. 

‘‘(B) OTHER PLANS AND REPORTS.—The National Strategy for Transportation Security shall include, as an integral part or as an appendix— 

‘‘(i) the current National Maritime Transportation 

Security Plan under section 70103 of title 46; 

‘‘(ii) the report required by section 44938 of this 

title; 

77 

‘‘(iii) transportation modal security plans required 

under this section; and 

‘‘(iv) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.’’. 

(b) AVIATION SECURITY PLANNING; OPERATIONAL CRITERIA.— 

Section 44904 of title 49, United States Code, is amended— 

(1) by redesignating subsection (c) as subsection (e); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) MODAL SECURITY PLAN FOR AVIATION.—In addition to the 

requirements set forth in subparagraphs (B) through (F) of section 

114(t)(3), the modal security plan for aviation prepared under section 114(t) shall— 

‘‘(1) establish a damage mitigation and recovery plan for 

the aviation system in the event of a terrorist attack; and 

‘‘(2) include a threat matrix document that outlines each 

threat to the United States civil aviation system and the corresponding layers of security in place to address such threat. 

‘‘(d) OPERATIONAL CRITERIA.—Not later than 90 days after the 

date of the submission of the National Strategy for Transportation 

Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue 

operational criteria to protect airport infrastructure and operations 

against the threats identified in the plans prepared under section 

114(t)(1) and shall approve best practices guidelines for airport assets.’’. 

Subtitle B—Aviation Security 

SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY. 

(a) USE OF BIOMETRIC IDENTIFIER TECHNOLOGY.—Section 

44903(h) of title 49, United States Code, is amended— 

(1) in paragraph (4)(E) by striking ‘‘may provide for’’ and 

inserting ‘‘shall issue, not later than March 31, 2005, guidance 

for’’; and 

(2) by adding at the end the following: 

‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS

CONTROL SYSTEMS.—In issuing guidance under paragraph 

(4)(E), the Assistant Secretary of Homeland Security (Transportation Security Administration) in consultation with representatives of the aviation industry, the biometric identifier industry, 

and the National Institute of Standards and Technology, shall 

establish, at a minimum— 

‘‘(A) comprehensive technical and operational system 

requirements and performance standards for the use of biometric identifier technology in airport access control systems (including airport perimeter access control systems) to 

ensure that the biometric identifier systems are effective, reliable, and secure; 

‘‘(B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A); 

‘‘(C) procedures for implementing biometric identifier 

systems— 

78 

‘‘(i) to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and 

‘‘(ii) to resolve failures to enroll, false matches, and 

false non-matches; and 

‘‘(D) best practices for incorporating biometric identifier 

technology into airport access control systems in the most 

effective manner, including a process to best utilize existing 

airport access control systems, facilities, and equipment 

and existing data networks connecting airports. 

‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW ENFORCEMENT OFFICER TRAVEL.— 

‘‘(A) IN GENERAL.—Not later than 120 days after the 

date of enactment of this paragraph, the Assistant Secretary, in consultation with the Attorney General, shall— 

‘‘(i) establish a law enforcement officer travel credential that incorporates biometric identifier technology and is uniform across all Federal, State, local, 

tribal, and territorial government law enforcement 

agencies; 

‘‘(ii) establish a process by which the travel credential will be used to verify the identity of a Federal, 

State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board an aircraft, 

without unnecessarily disclosing to the public that the 

individual is a law enforcement officer; 

‘‘(iii) establish procedures— 

‘‘(I) to ensure that only Federal, State, local, 

tribal, and territorial government law enforcement 

officers are issued a law enforcement travel credential; 

‘‘(II) to resolve failures to enroll, false matches, 

and false non-matches relating to use of the law 

enforcement travel credential; and 

‘‘(III) to invalidate any law enforcement travel 

credential that is lost, stolen, or no longer authorized for use; 

‘‘(iv) begin issuance of the travel credential to each 

Federal, State, local, tribal, or territorial government 

law enforcement officer authorized by the Assistant 

Secretary to carry a weapon on board an aircraft; and 

‘‘(v) take such other actions with respect to the 

travel credential as the Assistant Secretary considers 

appropriate. 

‘‘(B) FUNDING.—There is authorized to be appropriated 

such sums as may be necessary to carry out this paragraph. 

‘‘(7) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) BIOMETRIC IDENTIFIER INFORMATION.—The term 

‘biometric identifier information’ means the distinct physical or behavioral characteristics of an individual that are 

used for unique identification, or verification of the identity, of an individual. 

‘‘(B) BIOMETRIC IDENTIFIER.—The term ‘biometric identifier’ means a technology that enables the automated idenVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00078 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
79 

tification, or verification of the identity, of an individual 

based on biometric information. 

‘‘(C) FAILURE TO ENROLL.—The term ‘failure to enroll’ 

means the inability of an individual to enroll in a biometric identifier system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide 

the biometric sample, a system design that makes it difficult to provide consistent biometric identifier information, 

or other factors. 

‘‘(D) FALSE MATCH.—The term ‘false match’ means the 

incorrect matching of one individual’s biometric identifier 

information to another individual’s biometric identifier information by a biometric identifier system. 

‘‘(E) FALSE NON-MATCH.—The term ‘false non-match’ 

means the rejection of a valid identity by a biometric identifier system. 

‘‘(F) SECURE AREA OF AN AIRPORT.—The term ‘secure 

area of an airport’ means the sterile area and the Secure 

Identification Display Area of an airport (as such terms are 

defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).’’. 

(b) AVIATION SECURITY RESEARCH AND DEVELOPMENT.—There 

is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration 

$20,000,000, in addition to any amounts otherwise authorized by 

law, for research and development of advanced biometric technology 

applications to aviation security, including mass identification technology. 

(c) SENSE OF CONGRESS ON TRANSFER OF TECHNOLOGY.—It is 

the sense of Congress that the national intelligence community and 

the Department of Homeland Security should share information on 

and technological advancements to biometric systems, biometric 

technology, and biometric identifier systems obtained through research and development programs conducted by various Federal 

agencies. 

(d) BIOMETRIC CENTER OF EXCELLENCE.—There is authorized 

to be appropriated $1,000,000, in addition to any amounts otherwise authorized by law, for the establishment of a competitive center 

of excellence that will develop and expedite the Federal Government’s use of biometric identifiers. 

SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING. 

(a) IN GENERAL.— 

(1) DOMESTIC FLIGHTS.—Section 44903(j)(2) of title 49, 

United States Code, is amended by adding at the end the following: 

‘‘(C) ADVANCED AIRLINE PASSENGER PRESCREENING.— 

‘‘(i) COMMENCEMENT OF TESTING.—Not later than 

January 1, 2005, the Assistant Secretary of Homeland 

Security (Transportation Security Administration), or 

the designee of the Assistant Secretary, shall commence 

testing of an advanced passenger prescreening system 

that will allow the Department of Homeland Security 

to assume the performance of comparing passenger information, as defined by the Assistant Secretary, to the 

automatic selectee and no fly lists, utilizing all approVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00079 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
80 

priate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government. 

‘‘(ii) ASSUMPTION OF FUNCTION.—Not later than 

180 days after completion of testing under clause (i), 

the Assistant Secretary, or the designee of the Assistant 

Secretary, shall begin to assume the performance of the 

passenger prescreening function of comparing passenger information to the automatic selectee and no fly 

lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by 

the Federal Government in performing that function. 

‘‘(iii) REQUIREMENTS.—In assuming performance 

of the function under clause (ii), the Assistant Secretary shall— 

‘‘(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger 

prescreening system determined that they might 

pose a security threat, to appeal such determination and correct information contained in the system; 

‘‘(II) ensure that Federal Government databases that will be used to establish the identity of 

a passenger under the system will not produce a 

large number of false positives; 

‘‘(III) establish an internal oversight board to 

oversee and monitor the manner in which the system is being implemented; 

‘‘(IV) establish sufficient operational safeguards to reduce the opportunities for abuse; 

‘‘(V) implement substantial security measures 

to protect the system from unauthorized access; 

‘‘(VI) adopt policies establishing effective oversight of the use and operation of the system; and 

‘‘(VII) ensure that there are no specific privacy 

concerns with the technological architecture of the 

system. 

‘‘(iv) PASSENGER INFORMATION.—Not later than 

180 days after the completion of the testing of the advanced passenger prescreening system, the Assistant 

Secretary, by order or interim final rule— 

‘‘(I) shall require air carriers to supply to the 

Assistant Secretary the passenger information 

needed to begin implementing the advanced passenger prescreening system; and 

‘‘(II) shall require entities that provide systems 

and services to air carriers in the operation of air 

carrier reservations systems to provide to air carriers passenger information in possession of such 

entities, but only to the extent necessary to comply 

with subclause (I). 

‘‘(D) SCREENING OF EMPLOYEES AGAINST WATCHLIST.— 

The Assistant Secretary of Homeland Security (Transportation Security Administration), in coordination with the 

81 

Secretary of Transportation and the Administrator of the 

Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the 

consolidated and integrated terrorist watchlist maintained 

by the Federal Government before— 

‘‘(i) being certificated by the Federal Aviation Administration; 

‘‘(ii) being granted unescorted access to the secure 

area of an airport; or 

‘‘(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, 

Code of Federal Regulations, or any successor regulation to such section) of an airport. 

‘‘(E) AIRCRAFT CHARTER CUSTOMER AND LESSEE

PRESCREENING.— 

‘‘(i) IN GENERAL.—Not later than 90 days after the 

date on which the Assistant Secretary assumes the performance of the advanced passenger prescreening function under subparagraph (C)(ii), the Assistant Secretary shall establish a process by which operators of 

aircraft to be used in charter air transportation with a 

maximum takeoff weight greater than 12,500 pounds 

and lessors of aircraft with a maximum takeoff weight 

greater than 12,500 pounds may— 

‘‘(I) request the Department of Homeland Security to use the advanced passenger prescreening 

system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, 

any passenger proposed to be transported aboard 

such aircraft, and any individual seeking to lease 

an aircraft with a maximum takeoff weight greater 

than 12,500 pounds to the automatic selectee and 

no fly lists, utilizing all appropriate records in the 

consolidated and integrated terrorist watchlist 

maintained by the Federal Government; and 

‘‘(II) refuse to charter or lease an aircraft with 

a maximum takeoff weight greater than 12,500 

pounds to or transport aboard such aircraft any 

persons identified on such watch list. 

‘‘(ii) REQUIREMENTS.—The requirements of subparagraph (C)(iii) shall apply to this subparagraph. 

‘‘(iii) NO FLY AND AUTOMATIC SELECTEE LISTS.— 

The Secretary of Homeland Security, in consultation 

with the Terrorist Screening Center, shall design and 

review, as necessary, guidelines, policies, and operating 

procedures for the collection, removal, and updating of 

data maintained, or to be maintained, in the no fly 

and automatic selectee lists. 

‘‘(F) APPLICABILITY.—Section 607 of the Vision 100— 

Century of Aviation Reauthorization Act (49 U.S.C. 44903 

note; 117 Stat. 2568) shall not apply to the advanced passenger prescreening system established under subparagraph (C). 

‘‘(G) APPEAL PROCEDURES.— 

82 

‘‘(i) IN GENERAL.—The Assistant Secretary shall establish a timely and fair process for individuals identified as a threat under one or more of subparagraphs 

(C), (D), and (E) to appeal to the Transportation Security Administration the determination and correct any 

erroneous information. 

‘‘(ii) RECORDS.—The process shall include the establishment of a method by which the Assistant Secretary will be able to maintain a record of air passengers and other individuals who have been 

misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Transportation Security Administration record shall contain information 

determined by the Assistant Secretary to authenticate 

the identity of such a passenger or individual. 

‘‘(H) DEFINITION.—In this paragraph, the term ‘secure 

area of an airport’ means the sterile area and the Secure 

Identification Display Area of an airport (as such terms are 

defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).’’. 

(2) INTERNATIONAL FLIGHTS.—Section 44909(c) of title 49, 

United States Code, is amended— 

(i) by striking ‘‘paragraph (5),’’ in paragraph (4) 

and inserting ‘‘paragraphs (5) and (6),’’; and 

(ii) by adding at the end the following: 

‘‘(6) PRESCREENING INTERNATIONAL PASSENGERS.— ‘‘(A) IN GENERAL.—Not later than 60 days after date of 

enactment of this paragraph, the Secretary of Homeland 

Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow the Department 

of Homeland Security to compare passenger information for 

any international flight to or from the United States 

against the consolidated and integrated terrorist watchlist 

maintained by the Federal Government before departure of 

the flight. 

‘‘(B) APPEAL PROCEDURES.— ‘‘(i) IN GENERAL.—The Secretary of Homeland Security shall establish a timely and fair process for individuals identified as a threat under subparagraph (A) 

to appeal to the Department of Homeland Security the 

determination and correct any erroneous information. 

‘‘(ii) RECORDS.—The process shall include the establishment of a method by which the Secretary will be 

able to maintain a record of air passengers and other 

individuals who have been misidentified and have corrected erroneous information. To prevent repeated 

delays of misidentified passengers and other individuals, the Department of Homeland Security record 

shall contain information determined by the Secretary 

to authenticate the identity of such a passenger or individual.’’. 

(b) REPORT ON EFFECTS ON PRIVACY AND CIVIL LIBERTIES.— 

(1) REQUIREMENT FOR REPORT.—Not later than 180 days 

after the date of the enactment of this Act, the Security Privacy 

83 

Officer of the Department of Homeland Security shall submit a 

report assessing the impact of the automatic selectee and no fly 

lists on privacy and civil liberties to the Committee on the Judiciary, the Committee on Homeland Security and Governmental 

Affairs, and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on the Judiciary, the 

Committee on Government Reform, the Committee on Transportation and Infrastructure, and the Select Committee on Homeland Security of the House of Representatives. 

(2) CONTENT.—The report submitted under paragraph (1) 

shall include— 

(A) any recommendations for practices, procedures, regulations, or legislation that the Security Privacy Officer 

considers necessary to minimize adverse effects of automatic selectee and no fly lists on privacy, discrimination, 

due process, and other civil liberties; 

(B) a discussion of the implications of applying those 

lists to other modes of transportation; and 

(C) the effect that implementation of the recommendations would have on the effectiveness of the use of such lists 

to protect the United States against terrorist attacks. 

(3) FORM.—To the greatest extent consistent with the protection of law enforcement-sensitive information and classified information, and the administration of applicable law, the report 

shall be submitted in unclassified form and shall be available 

to the public. The report may contain a classified annex if necessary. 

(c) REPORT ON CRITERIA FOR CONSOLIDATED TERRORIST WATCH

LIST.— 

(1) IN GENERAL.—Within 180 days after the date of enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Homeland Security, the Secretary of State, and the Attorney General, shall submit to Congress a report on the Terrorist Screening Center consolidated 

screening watch list. 

(2) CONTENTS.—The report shall include— 

(A) the criteria for placing the name of an individual 

on the watch list; 

(B) the minimum standards for reliability and accuracy of identifying information; 

(C) the degree of information certainty and the range 

of threat levels that are to be identified for an individual; 

and 

(D) the range of applicable consequences that are to 

apply to an individual, if located. 

(3) FORM.—To the greatest extent consistent with the protection of law enforcement-sensitive information and classified information and the administration of applicable law, the report 

shall be submitted in unclassified form and shall be available 

to the public. The report may contain a classified annex if necessary. 

SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS. 

(a) IN GENERAL.—Subchapter I of chapter 449, of title 49, 

United States Code, is amended by adding at the end the following: 

84 

‘‘§ 44925. Deployment and use of detection equipment at airport screening checkpoints. 

‘‘(a) WEAPONS AND EXPLOSIVES.—The Secretary of Homeland 

Security shall give a high priority to developing, testing, improving, 

and deploying, at airport screening checkpoints, equipment that detects nonmetallic, chemical, biological, and radiological weapons, 

and explosives, in all forms, on individuals and in their personal 

property. The Secretary shall ensure that the equipment alone, or as 

part of an integrated system, can detect under realistic operating 

conditions the types of weapons and explosives that terrorists would 

likely try to smuggle aboard an air carrier aircraft. 

‘‘(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE

DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.— 

‘‘(1) IN GENERAL.—Not later than 90 days after the date of 

enactment of this section, the Assistant Secretary of Homeland 

Security (Transportation Security Administration) shall submit 

to the appropriate congressional committees a strategic plan to 

promote the optimal utilization and deployment of explosive detection equipment at airports to screen individuals and their 

personal property. Such equipment includes walk-through explosive detection portals, document scanners, shoe scanners, 

and backscatter x-ray scanners. The plan may be submitted in 

a classified format. 

‘‘(2) CONTENT.—The strategic plan shall include, at minimum— 

‘‘(A) a description of current efforts to detect explosives 

in all forms on individuals and in their personal property; 

‘‘(B) a description of the operational applications of explosive detection equipment at airport screening checkpoints; 

‘‘(C) a deployment schedule and a description of the 

quantities of equipment needed to implement the plan; 

‘‘(D) a description of funding needs to implement the 

plan, including a financing plan that provides for 

leveraging of non-Federal funding; 

‘‘(E) a description of the measures taken and anticipated to be taken in carrying out subsection (d); and 

‘‘(F) a description of any recommended legislative actions. 

‘‘(c) PORTAL DETECTION SYSTEMS.—There is authorized to be 

appropriated to the Secretary of Homeland Security for the use of 

the Transportation Security Administration $250,000,000, in addition to any amounts otherwise authorized by law, for research, development, and installation of detection systems and other devices 

for the detection of biological, chemical, radiological, and explosive 

materials. 

‘‘(d) INTERIM ACTION.—Until measures are implemented that 

enable the screening of all passengers for explosives, the Assistant 

Secretary shall provide, by such means as the Assistant Secretary 

considers appropriate, explosives detection screening for all passengers identified for additional screening and their personal property that will be carried aboard a passenger aircraft operated by an 

air carrier or foreign air carrier in air transportation or intrastate 

air transportation.’’. 

85 

(b) CONFORMING AMENDMENT.—The analysis for chapter 449 of 

title 49, United States Code, is amended by inserting after the item 

relating to section 44924 the following: 

‘‘44925. Deployment and use of detection equipment at airport screening checkpoints.’’. 

SEC. 4014. ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES. 

(a) ADVANCED INTEGRATED AIRPORT CHECKPOINT SCREENING

SYSTEM PILOT PROGRAM.—Not later than March 31, 2005, the Assistant Secretary of Homeland Security (Transportation Security 

Administration) shall develop and initiate a pilot program to deploy 

and test advanced airport checkpoint screening devices and technology as an integrated system at not less than 5 airports in the 

United States. 

(b) FUNDING.—Of the amounts appropriated pursuant to section 

48301(a) of title 49, United States Code, for each of fiscal years 

2005 and 2006, not more than $150,000,000 shall be available to 

carry out subsection (a). 

SEC. 4015. IMPROVEMENT OF SCREENER JOB PERFORMANCE. 

(a) REQUIRED ACTION.—The Assistant Secretary of Homeland 

Security (Transportation Security Administration) shall take such 

action as may be necessary to improve the job performance of airport screening personnel. 

(b) HUMAN FACTORS STUDY.—In carrying out this section, the 

Assistant Secretary shall provide, not later than 180 days after the 

date of the enactment of this Act, to the appropriate congressional 

committees a report on the results of any human factors study conducted by the Department of Homeland Security to better understand problems in screener performance and to improve screener 

performance. 

SEC. 4016. FEDERAL AIR MARSHALS. 

(a) FEDERAL AIR MARSHAL ANONYMITY.—The Director of the 

Federal Air Marshal Service of the Department of Homeland Security shall continue operational initiatives to protect the anonymity 

of Federal air marshals. 

(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—There is 

authorized to be appropriated to the Secretary of Homeland Security 

for the use of the Bureau of Immigration and Customs Enforcement, 

in addition to any amounts otherwise authorized by law, for the deployment of Federal air marshals under section 44917 of title 49, 

United States Code, $83,000,000 for the 3 fiscal-year period beginning with fiscal year 2005. Such sums shall remain available until 

expended. 

(c) FEDERAL LAW ENFORCEMENT COUNTERTERRORISM TRAINING.— 

(1) AVAILABILITY OF INFORMATION.—The Assistant Secretary for Immigration and Customs Enforcement and the Director of Federal Air Marshal Service of the Department of 

Homeland Security, shall make available, as practicable, appropriate information on in-flight counterterrorism and weapons handling procedures and tactics training to Federal law enforcement officers who fly while in possession of a firearm. 

(2) IDENTIFICATION OF FRAUDULENT DOCUMENTS.—The Assistant Secretary for Immigration and Customs Enforcement 

and the Director of Federal Air Marshal Service of the DepartVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00085 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
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ment of Homeland Security, in coordination with the Assistant 

Secretary of Homeland Security (Transportation Security Administration), shall ensure that Transportation Security Administration screeners and Federal air marshals receive training in identifying fraudulent identification documents, including fraudulent or expired visas and passports. Such training 

shall also be made available to other Federal law enforcement 

agencies and local law enforcement agencies located in a State 

that borders Canada or Mexico. 

SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF FEDERAL AIR MARSHALS. 

The President is encouraged to pursue aggressively international agreements with foreign governments to allow the maximum deployment of Federal air marshals on international flights. 

SEC. 4018. FOREIGN AIR MARSHAL TRAINING. 

Section 44917 of title 49, United States Code, is amended by 

adding at the end the following: 

‘‘(d) TRAINING FOR FOREIGN LAW ENFORCEMENT PERSONNEL.— 

‘‘(1) IN GENERAL.—The Assistant Secretary for Immigration 

and Customs Enforcement of the Department of Homeland Security, after consultation with the Secretary of State, may direct 

the Federal Air Marshal Service to provide appropriate air 

marshal training to law enforcement personnel of foreign countries. 

‘‘(2) WATCHLIST SCREENING.—The Federal Air Marshal 

Service may only provide appropriate air marshal training to 

law enforcement personnel of foreign countries after comparing 

the identifying information and records of law enforcement personnel of foreign countries against all appropriate records in 

the consolidated and integrated terrorist watchlists maintained 

by the Federal Government. 

‘‘(3) FEES.—The Assistant Secretary shall establish reasonable fees and charges to pay expenses incurred in carrying out 

this subsection. Funds collected under this subsection shall be 

credited to the account in the Treasury from which the expenses 

were incurred and shall be available to the Assistant Secretary 

for purposes for which amounts in such account are available.’’. 

SEC. 4019. IN-LINE CHECKED BAGGAGE SCREENING. 

(a) IN-LINE BAGGAGE SCREENING EQUIPMENT.—The Assistant 

Secretary of Homeland Security (Transportation Security Administration) shall take such action as may be necessary to expedite the 

installation and use of in-line baggage screening equipment at airports at which screening is required by section 44901 of title 49, 

United States Code. 

(b) SCHEDULE.—Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall submit to the appropriate congressional committees a schedule to expedite the installation and use of in-line baggage screening equipment at such airports, with an estimate of the impact that such equipment, facility 

modification, and baggage conveyor placement will have on staffing 

needs and levels related to aviation security. 

(c) REPLACEMENT OF TRACE-DETECTION EQUIPMENT.—Not later 

than 180 days after the date of enactment of this Act, the Assistant 

Secretary shall establish and submit to the appropriate congresVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00086 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
87 

sional committees a schedule for replacing trace-detection equipment, as soon as practicable and where appropriate, with explosive 

detection system equipment. 

(d) COST-SHARING STUDY.—The Secretary of Homeland Security, in consultation with representatives of air carriers, airport operators, and other interested parties, shall submit to the appropriate 

congressional committees, in conjunction with the submission of the 

budget for fiscal year 2006 to Congress under section 1105(a) of title 

31, United States Code— 

(1) a proposed formula for cost-sharing among the Federal 

Government, State and local governments, and the private sector for projects to install in-line baggage screening equipment 

that reflects the benefits that each of such entities derive from 

such projects, including national security benefits and labor 

and other cost savings; 

(2) recommendations, including recommended legislation, 

for an equitable, feasible, and expeditious system for defraying 

the costs of the in-line baggage screening equipment authorized 

by this title; and 

(3) the results of a review of innovative financing approaches and possible cost savings associated with the installation of in-line baggage screening equipment at airports. 

(e) AUTHORIZATION FOR EXPIRING AND NEW LOIS.— 

(1) IN GENERAL.—Section 44923(i) of title 49, United States 

Code, is amended by striking ‘‘$250,000,000 for each of fiscal 

years 2004 through 2007.’’ and inserting ‘‘$400,000,000 for each 

of fiscal years 2005, 2006, and 2007.’’. 

(2) PERIOD OF REIMBURSEMENT.—Notwithstanding any 

other provision of law, the Secretary may provide that the period of reimbursement under any letter of intent may extend for 

a period not to exceed 10 years after the date that the Secretary 

issues such letter, subject to the availability of appropriations. 

This paragraph applies to letters of intent issued under section 

44923 of title 49, United States Code, and letters of intent 

issued under section 367 of the Department of Transportation 

and Related Agencies Appropriation Act, 2003 (49 U.S.C. 47110 

note). 

SEC. 4020. CHECKED BAGGAGE SCREENING AREA MONITORING. 

(a) IN GENERAL.—The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall 

provide, subject to the availability of funds, assistance to airports at 

which screening is required by section 44901 of title 49, United 

States Code, and that have checked baggage screening areas that 

are not open to public view in the acquisition and installation of security monitoring cameras for surveillance of such areas in order to 

deter theft from checked baggage and to aid in the speedy resolution 

of liability claims against the Transportation Security Administration. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary of Homeland Security for fiscal 

year 2005 such sums as may be necessary to carry out this section. 

Such sums shall remain available until expended. 

88 

SEC. 4021. WIRELESS COMMUNICATION. 

(a) STUDY.—The Assistant Secretary of Homeland Security 

(Transportation Security Administration), in consultation with the 

Administrator of the Federal Aviation Administration, shall conduct a study to determine the viability of providing devices or methods, including wireless methods, to enable a flight crew to discreetly 

notify the pilot in the case of a security breach or safety issue occurring in the cabin. 

(b) MATTERS TO BE CONSIDERED.—In conducting the study, the 

Transportation Security Administration and the Federal Aviation 

Administration shall consider technology that is readily available 

and can be quickly integrated and customized for use aboard aircraft for flight crew communication. 

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the Transportation Security Administration shall 

submit to the appropriate congressional committees a report on the 

results of the study. 

SEC. 4022. IMPROVED PILOT LICENSES. 

(a) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall begin to issue improved pilot licenses consistent 

with the requirements of title 49, United States Code, and title 14, 

Code of Federal Regulations. 

(b) REQUIREMENTS.—Improved pilots licenses issued under subsection (a) shall— 

(1) be resistant to tampering, alteration, and counterfeiting; 

(2) include a photograph of the individual to whom the license is issued; and 

(3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique identifier that the Administrator considers necessary. 

(c) TAMPERING.—To the extent practical, the Administrator 

shall develop methods to determine or reveal whether any component or security feature of a license issued under subsection (a) has 

been tampered, altered, or counterfeited. 

(d) USE OF DESIGNEES.—The Administrator may use designees 

to carry out subsection (a) to the extent feasible in order to minimize 

the burdens on pilots. 

SEC. 4023. AVIATION SECURITY STAFFING. 

(a) AVIATION SECURITY STAFFING.—Not later than 90 days after 

the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop and submit to the appropriate congressional committees 

standards for determining the aviation security staffing for all airports at which screening is required under section 44901 of title 49, 

United States Code, necessary to— 

(1) provide necessary levels of aviation security; and 

(2) ensure that the average aviation security-related delay 

experienced by airline passengers is minimized. 

(b) GAO ANALYSIS.—As soon as practicable after the date on 

which the Assistant Secretary has developed standards under subsection (a), the Comptroller General shall conduct an expedited 

analysis of, and submit a report to the appropriate congressional 

committees on, the standards for effectiveness, administrability, ease 

89 

of compliance, and consistency with the requirements of existing 

law. 

(c) INTEGRATION OF FEDERAL AIRPORT WORKFORCE AND AVIATION SECURITY.—The Secretary of Homeland Security shall conduct 

a study of the feasibility of combining operations of Federal employees involved in screening at commercial airports and aviation security-related functions under the authority of the Department of 

Homeland Security in order to coordinate security-related activities, 

increase the efficiency and effectiveness of those activities, and increase commercial air transportation security. 

SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS. 

(a) PLAN AND GUIDELINES.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop a plan and guidelines for implementing improved explosive 

detection system equipment. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary of Homeland Security for the use 

of the Transportation Security Administration $100,000,000, in addition to any amounts otherwise authorized by law, for the purpose 

of research and development of improved explosive detection systems 

for aviation security under section 44913 of title 49, United States 

Code. 

SEC. 4025. PROHIBITED ITEMS LIST. 

Not later than 60 days after the date of enactment of this Act, 

the Assistant Secretary for Homeland Security (Transportation Security Administration) shall complete a review of the list of items 

prohibited from being carried aboard a passenger aircraft operated 

by an air carrier or foreign air carrier in air transportation or 

intrastate air transportation set forth in section 1540 of title 49, 

Code of Federal Regulations, and shall release a revised list that includes— 

(1) butane lighters; and 

(2) any other modification that the Assistant Secretary considers appropriate. 

SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS). 

(a) UNITED STATES POLICY ON NONPROLIFERATION AND EXPORT

CONTROL.— 

(1) TO LIMIT AVAILABILITY AND TRANSFER OF MANPADS.— 

The President shall pursue, on an urgent basis, further strong 

international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to 

limit the availability, transfer, and proliferation of MANPADSs 

worldwide. 

(2) TO LIMIT THE PROLIFERATION OF MANPADS.—The President is encouraged to seek to enter into agreements with the 

governments of foreign countries that, at a minimum, would— 

(A) prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production 

agreement, other than the entry into force of a manufacturing license or co-production agreement with a country 

that is party to such an agreement; 

(B) prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any compoVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00089 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
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nent, part, accessory, or attachment thereof, without an individual validated license; and 

(C) prohibit the reexport or retransfer of a MANPADS, 

including any component, part, accessory, or attachment 

thereof, to a third person, organization, or government unless the written consent of the government that approved 

the original export or transfer is first obtained. 

(3) TO ACHIEVE DESTRUCTION OF MANPADS.—The President 

should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction 

of excess, obsolete, and illicit stocks of MANPADSs worldwide. 

(4) REPORTING AND BRIEFING REQUIREMENT.— 

(A) PRESIDENT’S REPORT.—Not later than 180 days 

after the date of enactment of this Act, the President shall 

transmit to the appropriate congressional committees a report that contains a detailed description of the status of 

diplomatic efforts under paragraphs (1), (2), and (3) and of 

efforts by the appropriate United States agencies to comply 

with the recommendations of the General Accounting Office 

set forth in its report GAO–04–519, entitled ‘‘Nonproliferation: Further Improvements Needed in U.S. Efforts to 

Counter Threats from Man-Portable Air Defense Systems’’. 

(B) ANNUAL BRIEFINGS.—Annually after the date of 

submission of the report under subparagraph (A) and until 

completion of the diplomatic and compliance efforts referred to in subparagraph (A), the Secretary of State shall 

brief the appropriate congressional committees on the status of such efforts. 

(b) FAA AIRWORTHINESS CERTIFICATION OF MISSILE DEFENSE

SYSTEMS FOR COMMERCIAL AIRCRAFT.— (1) IN GENERAL.—As soon as practicable, but not later than 

the date of completion of Phase II of the Department of Homeland Security’s counter-man-portable air defense system 

(MANPADS) development and demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the 

Administrator that such systems can be safely integrated into 

aircraft systems and ensure airworthiness and aircraft system 

integrity. 

(2) CERTIFICATION ACCEPTANCE.—Under the process, the 

Administrator shall accept the certification of the Department of 

Homeland Security that a missile defense system is effective 

and functional to defend commercial aircraft against 

MANPADSs. 

(3) EXPEDITIOUS CERTIFICATION.—Under the process, the 

Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft certified by the Department of Homeland Security. 

(4) REPORTS.—Not later than 90 days after the first airworthiness and safety certification for a missile defense system 

for commercial aircraft is issued by the Administrator, and anVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00090 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
91 

nually thereafter until December 31, 2008, the Federal Aviation 

Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of 

the Senate a report that contains a detailed description of each 

airworthiness and safety certification issued for a missile defense system for commercial aircraft. 

(c) PROGRAMS TO REDUCE MANPADS.— 

(1) IN GENERAL.—The President is encouraged to pursue 

strong programs to reduce the number of MANPADSs worldwide so that fewer MANPADSs will be available for trade, proliferation, and sale. 

(2) REPORTING AND BRIEFING REQUIREMENTS.—Not later 

than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees 

a report that contains a detailed description of the status of the 

programs being pursued under subsection (a). Annually thereafter until the programs are no longer needed, the Secretary of 

State shall brief the appropriate congressional committees on 

the status of programs. 

(3) FUNDING.—There is authorized to be appropriated such 

sums as may be necessary to carry out this section. 

(d) MANPADS VULNERABILITY ASSESSMENTS REPORT.— 

(1) IN GENERAL.—Not later than one year after the date of 

enactment of this Act, the Secretary of Homeland Security shall 

transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a report 

describing the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports against MANPADSs attacks. 

(2) MATTERS TO BE ADDRESSED.—The Secretary’s report 

shall address, at a minimum, the following: 

(A) The status of the Department’s efforts to conduct 

MANPADSs vulnerability assessments at United States airports at which the Department is conducting assessments. 

(B) How intelligence is shared between the United 

States intelligence agencies and Federal, State, and local 

law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing. 

(C) Contingency plans that the Department has developed in the event that it receives intelligence indicating a 

high threat of a MANPADS attack on aircraft at or near 

United States airports. 

(D) The feasibility and effectiveness of implementing 

public education and neighborhood watch programs in 

areas surrounding United States airports in cases in which 

intelligence reports indicate there is a high risk of 

MANPADS attacks on aircraft. 

(E) Any other issues that the Secretary deems relevant. 

(3) FORMAT.—The report required by this subsection may be 

submitted in a classified format. 

(e) DEFINITIONS.—In this section, the following definitions 

apply: 

92 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services, the Committee 

on International Relations, and the Committee on Transportation and Infrastructure of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Commerce, 

Science, and Transportation of the Senate. 

(2) MANPADS.—The term ‘‘MANPADS’’ means— 

(A) a surface-to-air missile system designed to be manportable and carried and fired by a single individual; and 

(B) any other surface-to-air missile system designed to 

be operated and fired by more than one individual acting 

as a crew and portable by several individuals. 

SEC. 4027. TECHNICAL CORRECTIONS. 

(a) ADMINISTRATIVE IMPOSITION OF PENALTIES.—Section 

46301(d) of title 49, United States Code, is amended— 

(1) in the first sentence of paragraph (2) by striking ‘‘46302, 

46303,’’ and inserting ‘‘46302 (for a violation relating to section 

46504),’’; 

(2) in the second sentence of paragraph (2)— 

(A) by striking ‘‘Under Secretary of Transportation for 

Security’’ and inserting ‘‘Secretary of Homeland Security’’; 

and 

(B) by striking ‘‘44909)’’ and inserting ‘‘44909), 46302 

(except for a violation relating to section 46504), 46303,’’; 

(3) in paragraphs (2), (3), and (4) by striking ‘‘Under Secretary or’’ each place it occurs and inserting ‘‘Secretary of 

Homeland Security or’’; and 

(4) in paragraph (4)(A) by moving clauses (i), (ii), and (iii) 

2 ems to the left. 

(b) COMPROMISE AND SETOFF FOR FALSE INFORMATION.—Section 46302(b)(1) of title 49, United States Code, is amended by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation,’’. 

(c) CARRYING A WEAPON.—Section 46303 of title 49, United 

States Code, is amended— 

(1) in subsection (b)(1) by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of Homeland Security’’; and 

(2) in subsection (c)(2) by striking ‘‘Under Secretary of 

Transportation for Security’’ and inserting ‘‘Secretary of Homeland Security’’. 

SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS. 

Not later than 6 months after the date of the enactment of this 

Act, the Assistant Secretary of Homeland Security (Transportation 

Security Administration) shall submit to the appropriate congressional committees a report on the costs and benefits associated with 

the use of secondary flight deck barriers, including the recommendation of the Assistant Secretary whether or not the use of 

such barriers should be mandated for all air carriers. The report 

may be submitted in a classified form. 

93 

SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY 

FUNDING. 

Section 48301(a) of title 49, United States Code, is amended by 

striking ‘‘and 2005’’ and inserting ‘‘2005, and 2006’’. 

Subtitle C—Air Cargo Security 

SEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT 

CARGO AND BAGGAGE CONTAINERS. 

(a) IN GENERAL.—Beginning not later than 180 days after the 

date of enactment of this Act, the Assistant Secretary of Homeland 

Security (Transportation Security Administration) shall carry out a 

pilot program to evaluate the use of blast-resistant containers for 

cargo and baggage on passenger aircraft to minimize the potential 

effects of detonation of an explosive device. 

(b) INCENTIVES FOR PARTICIPATION IN PILOT PROGRAM.— 

(1) IN GENERAL.—As part of the pilot program, the Assistant Secretary shall provide incentives to air carriers to volunteer to test the use of blast-resistant containers for cargo and 

baggage on passenger aircraft. 

(2) APPLICATIONS.—To volunteer to participate in the incentive program, an air carrier shall submit to the Assistant Secretary an application that is in such form and contains such information as the Assistant Secretary requires. 

(3) TYPES OF INCENTIVES.—Incentives provided by the Assistant Secretary to air carriers that volunteer to participate in 

the pilot program shall include the use of, and financial assistance to cover increased costs to the carriers associated with the 

use and maintenance of, blast-resistant containers, including 

increased fuel costs. 

(c) TECHNOLOGICAL IMPROVEMENTS.—The Secretary of Homeland Security, in cooperation with the Secretary of Transportation, 

shall support efforts to explore alternative technologies for minimizing the potential effects of detonation of an explosive device on 

cargo and passenger aircraft. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out subsections (a) and (b) $2,000,000. 

Such sums shall remain available until expended. 

SEC. 4052. AIR CARGO SECURITY. 

(a) AIR CARGO SCREENING TECHNOLOGY.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop technology to better identify, track, and screen 

air cargo. 

(b) IMPROVED AIR CARGO AND AIRPORT SECURITY.—There is authorized to be appropriated to the Secretary of Homeland Security 

for the use of the Transportation Security Administration, in addition to any amounts otherwise authorized by law, for the purpose 

of improving aviation security related to the transportation of cargo 

on both passenger aircraft and all-cargo aircraft— 

(1) $200,000,000 for fiscal year 2005; 

(2) $200,000,000 for fiscal year 2006; and 

(3) $200,000,000 for fiscal year 2007. 

Such sums shall remain available until expended. 

94 

(c) RESEARCH, DEVELOPMENT, AND DEPLOYMENT.—To carry out 

subsection (a), there is authorized to be appropriated to the Secretary, in addition to any amounts otherwise authorized by law, for 

research and development related to enhanced air cargo security 

technology as well as for deployment and installation of enhanced 

air cargo security technology— 

(1) $100,000,000 for fiscal year 2005; 

(2) $100,000,000 for fiscal year 2006; and 

(3) $100,000,000 for fiscal year 2007. 

Such sums shall remain available until expended. 

(d) ADVANCED CARGO SECURITY GRANTS.— 

(1) IN GENERAL.—The Secretary shall establish and carry 

out a program to issue competitive grants to encourage the development of advanced air cargo security technology, including 

use of innovative financing or other means of funding such activities. The Secretary may make available funding for this purpose from amounts appropriated pursuant to subsection (c). 

(2) ELIGIBILITY CRITERIA, ETC.—The Secretary shall establish such eligibility criteria, establish such application and administrative procedures, and provide for such matching funding 

requirements, if any, as may be necessary and appropriate to 

ensure that the technology is deployed as fully and rapidly as 

possible. 

SEC. 4053. AIR CARGO SECURITY REGULATIONS. 

Not later than 240 days after the date of enactment of this Act, 

the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue a final rule in Docket Number 

TSA–2004–19515 to amend transportation security regulations to 

enhance and improve the security of air cargo transported in both 

passenger and all-cargo aircraft. 

SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS. 

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Administrator of the Federal Aviation Administration, shall submit to the Committee on 

Commerce, Science, and Transportation and the Committee on 

Homeland Security and Governmental Affairs of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report that contains the following: 

(1) A description of the current procedures in place to address the threat of an inbound all-cargo aircraft from outside 

the United States that intelligence sources indicate could carry 

explosive, incendiary, chemical, biological, or nuclear devices. 

(2) An analysis of the potential for establishing secure facilities along established international aviation routes for the 

purposes of diverting and securing aircraft described in paragraph (1). 

(b) REPORT FORMAT.—The Secretary may submit all, or part, of 

the report required by this section in such a classified and redacted 

format as the Secretary determines appropriate or necessary. 

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Subtitle D—Maritime Security 

SEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS. 

(a) WATCH LISTS.— 

(1) IN GENERAL.—As soon as practicable but not later than 

180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall— 

(A) implement a procedure under which the Department of Homeland Security compares information about 

passengers and crew who are to be carried aboard a cruise 

ship with a comprehensive, consolidated database containing information about known or suspected terrorists 

and their associates; 

(B) use the information obtained by comparing the passenger and crew information with the information in the 

database to prevent known or suspected terrorists and their 

associates from boarding such ships or to subject them to 

specific additional security scrutiny, through the use of ‘‘no 

transport’’ and ‘‘automatic selectee’’ lists or other means. 

(2) WAIVER.—The Secretary may waive the requirement in 

paragraph (1)(B) with respect to cruise ships embarking at foreign ports if the Secretary determines that the application of 

such requirement to such cruise ships is impracticable. 

(b) COOPERATION FROM OPERATORS OF CRUISE SHIPS.—The 

Secretary of Homeland Security shall by rulemaking require operators of cruise ships to provide the passenger and crew information 

necessary to implement the procedure required by subsection (a). 

(c) MAINTENANCE OF ACCURACY AND INTEGRITY OF ‘‘NO TRANSPORT’’ AND ‘‘AUTOMATIC SELECTEE’’ LISTS.— 

(1) WATCH LIST DATABASE.—The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, 

shall develop guidelines, policies, and operating procedures for 

the collection, removal, and updating of data maintained, or to 

be maintained, in the ‘‘no transport’’ and ‘‘automatic selectee’’ 

lists described in subsection (a)(1) that are designed to ensure 

the accuracy and integrity of the lists. 

(2) ACCURACY OF ENTRIES.—In developing the ‘‘no transport’’ and ‘‘automatic selectee’’ lists under subsection (a)(1)(B), 

the Secretary shall establish a simple and timely method for 

correcting erroneous entries, for clarifying information known to 

cause false hits or misidentification errors, and for updating 

relevant information that is dispositive in the passenger and 

crew screening process. The Secretary shall also establish a 

process to provide an individual whose name is confused with, 

or similar to, a name in the watch list database with a means 

of demonstrating that such individual is not the person named 

in the database. 

(d) CRUISE SHIP DEFINED.—In this section, the term ‘‘cruise 

ship’’ means a vessel on an international voyage that embarks or 

disembarks passengers at a port of United States jurisdiction to 

which subpart C of part 160 of title 33, Code of Federal Regulations, applies and that provides overnight accommodations. 

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SEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND ASSESSMENTS. 

(a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.— 

Section 70103(a)(1) of title 46, United States Code, is amended by 

striking ‘‘The Secretary’’ and inserting ‘‘Not later than April 1, 2005, 

the Secretary’’. 

(b) FACILITY AND VESSEL VULNERABILITY ASSESSMENTS.—Section 70102(b)(1) of title 46, United States Code, is amended by striking ‘‘, the Secretary’’ and inserting ‘‘and by not later than December 

31, 2004, the Secretary’’. 

(c) STRATEGIC PLAN REPORTS.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of the department 

in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and 

the Committee on Transportation and Infrastructure of the House of 

Representatives— 

(1) a comprehensive program management plan that identifies specific tasks to be completed, and deadlines for completion, 

for the transportation security card program under section 

70105 of title 46, United States Code, that incorporates best 

practices for communicating, coordinating, and collaborating 

with the relevant stakeholders to resolve relevant issues, such as 

background checks; 

(2) a report on the status of negotiations under section 

103(a) of the Maritime Transportation Security Act of 2002 (46 

U.S.C. 70111); 

(3) the report required by section 107(b) of the Maritime 

Transportation Security Act of 2002 (33 U.S.C. 1226 note); and 

(4) a report on the status of the development of the system 

and standards required by section 111 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70116 note). 

(d) OTHER REPORTS.—Not later than 90 days after the date of 

the enactment of this Act— 

(1) the Secretary of Homeland Security shall submit to the 

appropriate congressional committees— 

(A) a report on the establishment of the National Maritime Security Advisory Committee under section 70112 of 

title 46, United States Code; and 

(B) a report on the status of the program required by 

section 70116 of title 46, United States Code, to evaluate 

and certify secure systems of international intermodal 

transportation; 

(2) the Secretary of Transportation shall submit to the appropriate congressional committees the annual report required 

by section 905 of the International Maritime and Port Security 

Act (46 U.S.C. App. 1802) that includes information that 

should have been included in the last preceding annual report 

that was due under that section; and 

(3) the Commandant of the United States Coast Guard 

shall submit to the appropriate congressional committees the report required by section 110(b) of the Maritime Transportation 

Security Act of 2002 (46 U.S.C. 70101 note). 

97 

Subtitle E—General Provisions 

SEC. 4081. DEFINITIONS. 

In this title (other than in sections 4001 and 4026), the following definitions apply: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Commerce, Science, and Transportation of the Senate and 

the Committee on Transportation and Infrastructure of the 

House of Representatives. 

(2) AVIATION DEFINITIONS.—The terms ‘‘air carrier’’, ‘‘air 

transportation’’, ‘‘aircraft’’, ‘‘airport’’, ‘‘cargo’’, ‘‘foreign air carrier’’, and ‘‘intrastate air transportation’’ have the meanings 

given such terms in section 40102 of title 49, United States 

Code. 

(3) SECURE AREA OF AN AIRPORT.—The term ‘‘secure area of 

an airport’’ means the sterile area and the Secure Identification 

Display Area of an airport (as such terms are defined in section 

1540.5 of title 49, Code of Federal Regulations, or any successor 

regulations). 

SEC. 4082. EFFECTIVE DATE. 

This title shall take effect on the date of enactment of this Act. 

TITLE V—BORDER PROTECTION, 

IMMIGRATION, AND VISA MATTERS 

Subtitle A—Advanced Technology Northern 

Border Security Pilot Program 

SEC. 5101. ESTABLISHMENT. 

The Secretary of Homeland Security may carry out a pilot program to test various advanced technologies that will improve border 

security between ports of entry along the northern border of the 

United States. 

SEC. 5102. PROGRAM REQUIREMENTS. 

(a) REQUIRED FEATURES.—The Secretary of Homeland Security 

shall design the pilot program under this subtitle to have the following features: 

(1) Use of advanced technological systems, including sensors, video, and unmanned aerial vehicles, for border surveillance. 

(2) Use of advanced computing and decision integration 

software for— 

(A) evaluation of data indicating border incursions; 

(B) assessment of threat potential; and 

(C) rapid real-time communication, monitoring, intelligence gathering, deployment, and response. 

(3) Testing of advanced technology systems and software to 

determine best and most cost-effective uses of advanced technology to improve border security. 

(4) Operation of the program in remote stretches of border 

lands with long distances between 24-hour ports of entry with 

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a relatively small presence of United States border patrol officers. 

(5) Capability to expand the program upon a determination 

by the Secretary that expansion would be an appropriate and 

cost-effective means of improving border security. 

(b) COORDINATION WITH OTHER AGENCIES.—The Secretary of 

Homeland Security shall ensure that the operation of the pilot program under this subtitle— 

(1) is coordinated among United States, State, local, and 

Canadian law enforcement and border security agencies; and 

(2) includes ongoing communication among such agencies. 

SEC. 5103. ADMINISTRATIVE PROVISIONS. 

(a) PROCUREMENT OF ADVANCED TECHNOLOGY.—The Secretary 

of Homeland Security may enter into contracts for the procurement 

or use of such advanced technologies as the Secretary determines 

appropriate for the pilot program under this subtitle. 

(b) PROGRAM PARTNERSHIPS.—In carrying out the pilot program under this subtitle, the Secretary of Homeland Security may 

provide for the establishment of cooperative arrangements for participation in the pilot program by such participants as law enforcement and border security agencies referred to in section 5102(b), institutions of higher education, and private sector entities. 

SEC. 5104. REPORT. 

(a) REQUIREMENT FOR REPORT.—Not later than 1 year after the 

date of enactment of this Act, the Secretary of Homeland Security 

shall submit to Congress a report on the pilot program under this 

subtitle. 

(b) CONTENT.—The report under subsection (a) shall include the 

following matters: 

(1) A discussion of the implementation of the pilot program, 

including the experience under the pilot program. 

(2) A recommendation regarding whether to expand the 

pilot program along the entire northern border of the United 

States and a timeline for the implementation of the expansion. 

SEC. 5105. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated such sums as may be 

necessary to carry out the pilot program under this subtitle. 

Subtitle B—Border and Immigration 

Enforcement 

SEC. 5201. BORDER SURVEILLANCE. 

(a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the President and the appropriate committees of Congress a 

comprehensive plan for the systematic surveillance of the southwest 

border of the United States by remotely piloted aircraft. 

(b) CONTENTS.—The plan submitted under subsection (a) shall 

include— 

(1) recommendations for establishing command and control 

centers, operations sites, infrastructure, maintenance, and procurement; 

99 

(2) cost estimates for the implementation of the plan and 

ongoing operations; 

(3) recommendations for the appropriate agent within the 

Department of Homeland Security to be the executive agency for 

remotely piloted aircraft operations; 

(4) the number of remotely piloted aircraft required for the 

plan; 

(5) the types of missions the plan would undertake, including— 

(A) protecting the lives of people seeking illegal entry 

into the United States; 

(B) interdicting illegal movement of people, weapons, 

and other contraband across the border; 

(C) providing investigative support to assist in the dismantling of smuggling and criminal networks along the 

border; 

(D) using remotely piloted aircraft to serve as platforms 

for the collection of intelligence against smugglers and 

criminal networks along the border; and 

(E) further validating and testing of remotely piloted 

aircraft for airspace security missions; 

(6) the equipment necessary to carry out the plan; and 

(7) a recommendation regarding whether to expand the 

pilot program along the entire southwest border. 

(c) IMPLEMENTATION.—The Secretary of Homeland Security 

shall implement the plan submitted under subsection (a) as a pilot 

program as soon as sufficient funds are appropriated and available 

for this purpose. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as may be necessary to carry out the 

provisions of this section. 

SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS. 

In each of the fiscal years 2006 through 2010, the Secretary of 

Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 2,000 the number 

of positions for full-time active-duty border patrol agents within the 

Department of Homeland Security above the number of such positions for which funds were allotted for the preceding fiscal year. In 

each of the fiscal years 2006 through 2010, in addition to the border 

patrol agents assigned along the northern border of the United 

States during the previous fiscal year, the Secretary shall assign a 

number of border patrol agents equal to not less than 20 percent of 

the net increase in border patrol agents during each such fiscal 

year. 

SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS. 

In each of fiscal years 2006 through 2010, the Secretary of 

Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 800 the number of 

positions for full-time active duty investigators within the Department of Homeland Security investigating violations of immigration 

laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)) above the number of such posiVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00099 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
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tions for which funds were made available during the preceding fiscal year. 

SEC. 5204. INCREASE IN DETENTION BED SPACE. 

(a) IN GENERAL.—Subject to the availability of appropriated 

funds, the Secretary of Homeland Security shall increase by not less 

than 8,000, in each of the fiscal years 2006 through 2010, the number of beds available for immigration detention and removal operations of the Department of Homeland Security above the number 

for which funds were allotted for the preceding fiscal year. 

(b) PRIORITY.—The Secretary shall give priority for the use of 

these additional beds to the detention of individuals charged with 

removability under section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) or inadmissibility under section 

212(a)(3) of that Act (8 U.S.C. 1182(a)(3)). 

Subtitle C—Visa Requirements 

SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS. 

(a) REQUIREMENT FOR INTERVIEWS.—Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding 

at the end the following new subsection: 

‘‘(h) Notwithstanding any other provision of this Act, the Secretary of State shall require every alien applying for a nonimmigrant visa— 

‘‘(1) who is at least 14 years of age and not more than 79 

years of age to submit to an in person interview with a consular 

officer unless the requirement for such interview is waived— 

‘‘(A) by a consular official and such alien is— 

‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15); 

‘‘(ii) within the NATO visa category; 

‘‘(iii) within that class of nonimmigrants enumerated in section 101(a)(15)(C)(iii) (referred to as the ‘C– 

3 visa’ category); or 

‘‘(iv) granted a diplomatic or official visa on a diplomatic or official passport or on the equivalent thereof; 

‘‘(B) by a consular official and such alien is applying 

for a visa— 

‘‘(i) not more than 12 months after the date on 

which such alien’s prior visa expired; 

‘‘(ii) for the visa classification for which such prior 

visa was issued; 

‘‘(iii) from the consular post located in the country 

of such alien’s usual residence, unless otherwise prescribed in regulations that require an applicant to 

apply for a visa in the country of which such applicant 

is a national; and 

‘‘(iv) the consular officer has no indication that 

such alien has not complied with the immigration laws 

and regulations of the United States; or 

‘‘(C) by the Secretary of State if the Secretary determines that such waiver is— 

‘‘(i) in the national interest of the United States; or 

101 

‘‘(ii) necessary as a result of unusual or emergent 

circumstances; and 

‘‘(2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien— 

‘‘(A) is not a national or resident of the country in 

which such alien is applying for a visa; 

‘‘(B) was previously refused a visa, unless such refusal 

was overcome or a waiver of ineligibility has been obtained; 

‘‘(C) is listed in the Consular Lookout and Support System (or successor system at the Department of State); 

‘‘(D) is a national of a country officially designated by 

the Secretary of State as a state sponsor of terrorism, except 

such nationals who possess nationalities of countries that 

are not designated as state sponsors or terrorism; 

‘‘(E) requires a security advisory opinion or other Department of State clearance, unless such alien is— 

‘‘(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15); 

‘‘(ii) within the NATO visa category; 

‘‘(iii) within that class of nonimmigrants enumerated in section 101(a)(15)(C)(iii) (referred to as the ‘C– 

3 visa’ category); or 

‘‘(iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or 

‘‘(F) is identified as a member of a group or sector that 

the Secretary of State determines— 

‘‘(i) poses a substantial risk of submitting inaccurate information in order to obtain a visa; 

‘‘(ii) has historically had visa applications denied 

at a rate that is higher than the average rate of such 

denials; or 

‘‘(iii) poses a security threat to the United States.’’. 

SEC. 5302. VISA APPLICATION REQUIREMENTS. 

Section 222(c) of the Immigration and Nationality Act (8 U.S.C. 

1202(c)) is amended by inserting ‘‘The alien shall provide complete 

and accurate information in response to any request for information 

contained in the application.’’ after the second sentence. 

SEC. 5303. EFFECTIVE DATE. 

Notwithstanding section 1086 or any other provision of this Act, 

sections 5301 and 5302 shall take effect 90 days after the date of 

enactment of this Act. 

SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION. 

(a) LIMITATION ON REVIEW.—Section 221(i) of the Immigration 

and Nationality Act (8 U.S.C. 1201(i)) is amended by adding at the 

end the following: ‘‘There shall be no means of judicial review (including review pursuant to section 2241 of title 28, United States 

Code, or any other habeas corpus provision, and sections 1361 and 

1651 of such title) of a revocation under this subsection, except in 

the context of a removal proceeding if such revocation provides the 

sole ground for removal under section 237(a)(1)(B).’’. 

(b) CLASSES OF DEPORTABLE ALIENS.—Section 237(a)(1)(B) of 

the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is 

amended by striking ‘‘United States is’’ and inserting the following: 

102 

‘‘United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i), is’’. 

(c) REVOCATION OF PETITIONS.—Section 205 of the Immigration 

and Nationality Act (8 U.S.C. 1155) is amended— 

(1) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary 

of Homeland Security’’; and 

(2) by striking the final two sentences. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of enactment of this Act and shall apply 

to revocations under sections 205 and 221(i) of the Immigration and 

Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after 

such date. 

Subtitle D—Immigration Reform 

SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS. 

(a) CRIMINAL PENALTIES.—Section 274(a) of the Immigration 

and Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the 

end the following: 

‘‘(4) In the case of a person who has brought aliens into the 

United States in violation of this subsection, the sentence otherwise 

provided for may be increased by up to 10 years if— 

‘‘(A) the offense was part of an ongoing commercial organization or enterprise; 

‘‘(B) aliens were transported in groups of 10 or more; and 

‘‘(C)(i) aliens were transported in a manner that endangered their lives; or 

‘‘(ii) the aliens presented a life-threatening health risk to 

people in the United States.’’. 

(b) OUTREACH PROGRAM.—Section 274 of the Immigration and 

Nationality Act (8 U.S.C. 1324), as amended by subsection (a), is 

further amended by adding at the end the following: 

‘‘(e) OUTREACH PROGRAM.—The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of 

State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about 

the penalties for bringing in and harboring aliens in violation of 

this section.’’. 

SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARYTYPE TRAINING FROM TERRORIST ORGANIZATIONS. 

Section 237(a)(4) of the Immigration and Nationality Act (8 

U.S.C. 1227(a)(4)) is amended by adding at the end the following: 

‘‘(E) RECIPIENT OF MILITARY-TYPE TRAINING.— 

‘‘(i) IN GENERAL.—Any alien who has received military-type training from or on behalf of any organization that, at the time the training was received, was a 

terrorist organization (as defined in subclause (I) or 

(II) of section 212(a)(3)(B)(vi)), is deportable. 

‘‘(ii) DEFINITION.—As used in this subparagraph, 

the term ‘military-type training’ includes training in 

means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, 

103 

storage, production, or assembly of any explosive, firearm, or other weapon, including any weapon of mass 

destruction (as defined in section 2332a(c)(2) of title 18, 

United States Code).’’. 

SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM. 

(a) STUDY.—Commencing not later than 30 days after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall conduct a study to evaluate the extent to which weaknesses in the United States asylum system and withholding of removal system have been or could be exploited by aliens connected 

to, charged in connection with, or tied to terrorist activity. 

(b) ELEMENTS.—The study under subsection (a) shall address, 

but not be limited to, the following: 

(1) The number of aliens connected to, tied to, charged in 

connection with, or who claim to have been accused of or 

charged in connection with terrorist activity who have applied 

for, been granted, or been denied asylum. 

(2) The number of aliens connected to, tied to, charged in 

connection with, or who claim to have been accused of or 

charged in connection with terrorist activity who have applied 

for, been granted, or been denied release from detention. 

(3) The number of aliens connected to, tied to, charged in 

connection with, or who claim to have been accused of or 

charged in connection with terrorist activity who have been denied asylum but who remain at large in the United States. 

(4) The effect of the confidentiality provisions of section 

208.6 of title 8, Code of Federal Regulations, on the ability of 

the United States Government to establish that an alien is connected to or tied to terrorist activity, such that the alien is 

barred from asylum or withholding of removal, is removable 

from the United States, or both. 

(5) The effect that precedential decisions, if any, holding 

that the extrajudicial punishment of an individual connected to 

terrorism, or guerrilla or militant activity abroad, or threats of 

such punishment, constitute persecution on account of political 

opinion as defined in section 101(a)(42) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(42)), have had on the ability 

of the United States Government to remove aliens whom the 

United States Government believes are connected to or have ties 

to terrorism, 

(6) The extent to which court precedents have affected the 

ability of the United States Government to determine or prove 

that an alien the United States Government believes to be connected to or tied to terrorism is in fact so connected or tied, including— 

(A) so-called ‘‘imputed political opinion’’; 

(B) judicial review, reversal, or both of the credibility 

determinations of immigration judges; and 

(C) the need to use classified information in removal 

proceedings against aliens suspected of connections or ties 

to terrorism. 

(7) The likelihood that an alien connected to or with ties to 

terrorism has been granted asylum or withholding of removal. 

104 

(8) The likelihood that an alien connected to or with ties to 

terrorism has used the United States asylum system to enter or 

remain in the United States in order to plan, conspire, or carry 

out, or attempt to plan, conspire, or carry out, an act of terrorism. 

(c) CONSIDERATION AND ASSESSMENT.—Solely for purposes of 

conducting the study under subsection (a), the Comptroller General 

shall consider the possibility, and assess the likelihood, that an 

alien whom the United States Government accuses or has accused 

of having a connection to or ties to terrorism is in fact connected to 

or tied to terrorism, notwithstanding any administrative or judicial 

determination to the contrary. 

(d) SCOPE.—In conducting the study under subsection (a), the 

Comptroller General shall seek information from the Department of 

Homeland Security, the Federal Bureau of Investigation, the Central Intelligence Agency, the Department of Justice, foreign governments, experts in the field of alien terrorists, and any other appropriate source. 

(e) PRIVACY.— 

(1) IN GENERAL.—Notwithstanding section 208.6 of title 8, 

Code of Federal Regulations, the Comptroller General shall, for 

purposes of the study under subsection (a), have access to the 

applications and administrative and judicial records of alien 

applicants for asylum and withholding of removal. Except for 

purposes of preparing the reports under subsection (f), such information shall not be further disclosed or disseminated, nor 

shall the names or personal identifying information of any applicant be released. 

(2) SECURITY OF RECORDS.—The Comptroller General shall 

ensure that records received pursuant to this section are appropriately secured to prevent their inadvertent disclosure. 

(f) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than 270 days after the date of 

the enactment of this Act, the Comptroller General shall submit 

to the appropriate committees of Congress and the Secretary of 

Homeland Security a report on the findings and recommendations of the Comptroller General under the study under subsection (a). 

(2) ELEMENTS.—The report under paragraph (1) shall include the following: 

(A) The assessment of the Comptroller General on each 

matter specified in subsection (b). 

(B) Any recommendations of the Comptroller General 

for such administrative action on any matter specified in 

subsection (a) as the Comptroller General considers necessary to better protect the national security of the United 

States. 

(C) Any recommendations of the Comptroller General 

for such legislative action on any matter specified in subsection (a) as the Comptroller General considers necessary 

to better protect the national security of the United States. 

(3) FORM.—If necessary, the Comptroller General may submit a classified and unclassified version of the report under 

paragraph (1). 

105 

(g) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select 

Committee on Intelligence of the Senate; and 

(2) the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives. 

Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial 

Killings, or Other Atrocities Abroad 

SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO 

HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL 

KILLINGS ABROAD. 

(a) INADMISSIBILITY.—Section 212(a)(3)(E) of the Immigration 

and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended— 

(1) in clause (ii), by striking ‘‘has engaged in conduct that 

is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is inadmissible’’ and inserting ‘‘ordered, incited, assisted, or otherwise participated in conduct outside the United States that would, if 

committed in the United States or by a United States national, 

be genocide, as defined in section 1091(a) of title 18, United 

States Code, is inadmissible’’; 

(2) by adding at the end the following: 

‘‘(iii) COMMISSION OF ACTS OF TORTURE OR

EXTRAJUDICIAL KILLINGS.—Any alien who, outside the 

United States, has committed, ordered, incited, assisted, or otherwise participated in the commission of— 

‘‘(I) any act of torture, as defined in section 

2340 of title 18, United States Code; or 

‘‘(II) under color of law of any foreign nation, 

any extrajudicial killing, as defined in section 3(a) 

of the Torture Victim Protection Act of 1991 (28 

U.S.C. 1350 note), 

is inadmissible.’’; and 

(3) in the subparagraph heading, by striking ‘‘PARTICIPANTS IN NAZI PERSECUTION OR GENOCIDE’’ and inserting ‘‘PARTICIPANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. 

(b) DEPORTABILITY.—Section 237(a)(4)(D) of such Act (8 U.S.C. 

1227(a)(4)(D)) is amended— 

(1) by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), 

(ii), or (iii)’’; and 

(2) in the subparagraph heading, by striking ‘‘ASSISTED IN

NAZI PERSECUTION OR ENGAGED IN GENOCIDE’’ and inserting 

‘‘PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to offenses committed before, on, or after the date of enactment of this Act. 

106 

SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. 

(a) GROUND OF INADMISSIBILITY.—Section 212(a)(2)(G) of the 

Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to read as follows: 

‘‘(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS

FREEDOM.—Any alien who, while serving as a foreign government official, was responsible for or directly carried out, 

at any time, particularly severe violations of religious freedom, as defined in section 3 of the International Religious 

Freedom Act of 1998 (22 U.S.C. 6402), is inadmissible.’’. 

(b) GROUND OF DEPORTABILITY.—Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by 

adding at the end the following: 

‘‘(E) PARTICIPATED IN THE COMMISSION OF SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.—Any alien described in 

section 212(a)(2)(G) is deportable.’’. 

SEC. 5503. WAIVER OF INADMISSIBILITY. 

Section 212(d)(3) of the Immigration and Nationality Act (8 

U.S.C. 1182(d)(3)) is amended— 

(1) in subparagraph (A), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’; and 

(2) in subparagraph (B), by striking ‘‘and 3(E)’’ and inserting ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’. 

SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE 

COMMITTED ACTS OF TORTURE, EXTRAJUDICIAL 

KILLINGS, OR SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. 

Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 

1101(f)) is amended— 

(1) by striking the period at the end of paragraph (8) and 

inserting ‘‘; or’’; and 

(2) by adding at the end the following: 

‘‘(9) one who at any time has engaged in conduct described 

in section 212(a)(3)(E) (relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture 

or extrajudicial killings) or 212(a)(2)(G) (relating to severe violations of religious freedom).’’. 

SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS. 

(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.— 

Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 

is amended by adding at the end the following: 

‘‘(h)(1) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of Special Investigations with the authority to detect and investigate, and, where 

appropriate, to take legal action to denaturalize any alien described 

in section 212(a)(3)(E). 

‘‘(2) The Attorney General shall consult with the Secretary of 

Homeland Security in making determinations concerning the criminal prosecution or extradition of aliens described in section 

212(a)(3)(E). 

107 

‘‘(3) In determining the appropriate legal action to take against 

an alien described in section 212(a)(3)(E), consideration shall be 

given to— 

‘‘(A) the availability of criminal prosecution under the laws 

of the United States for any conduct that may form the basis 

for removal and denaturalization; or 

‘‘(B) the availability of extradition of the alien to a foreign 

jurisdiction that is prepared to undertake a prosecution for such 

conduct.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There are authorized to be appropriated 

to the Department of Justice such sums as may be necessary to 

carry out the additional duties established under section 103(h) 

of the Immigration and Nationality Act (as added by this subtitle) in order to ensure that the Office of Special Investigations 

fulfills its continuing obligations regarding Nazi war criminals. 

(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to paragraph (1) are authorized to remain available until 

expended. 

SEC. 5506. REPORT ON IMPLEMENTATION. 

Not later than 180 days after the date of enactment of this Act, 

the Attorney General, in consultation with the Secretary of Homeland Security, shall submit to the Committees on the Judiciary of 

the Senate and the House of Representatives a report on implementation of this subtitle that includes a description of— 

(1) the procedures used to refer matters to the Office of Special Investigations and other components within the Department of Justice and the Department of Homeland Security in 

a manner consistent with the amendments made by this subtitle; 

(2) the revisions, if any, made to immigration forms to reflect changes in the Immigration and Nationality Act made by 

the amendments contained in this subtitle; and 

(3) the procedures developed, with adequate due process 

protection, to obtain sufficient evidence to determine whether an 

alien may be inadmissible under the terms of the amendments 

made by this subtitle. 

TITLE VI—TERRORISM PREVENTION 

Subtitle A—Individual Terrorists as Agents 

of Foreign Powers 

SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS. 

(a) IN GENERAL.—Section 101(b)(1) of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end the following new subparagraph: 

‘‘(C) engages in international terrorism or activities in 

preparation therefore; or’’. 

(b) SUNSET.—The amendment made by subsection (a) shall be 

subject to the sunset provision in section 224 of Public Law 107–56 

(115 Stat. 295), including the exception provided in subsection (b) 

of such section 224. 

108 

SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS 

UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 

OF 1978. 

(a) ADDITIONAL REPORTING REQUIREMENTS.—The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 

amended— 

(1) by redesignating— 

(A) title VI as title VII; and 

(B) section 601 as section 701; and 

(2) by inserting after title V the following new title: 

‘‘TITLE VI—REPORTING REQUIREMENT 

‘‘SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL. 

‘‘(a) REPORT.—On a semiannual basis, the Attorney General 

shall submit to the Permanent Select Committee on Intelligence of 

the House of Representatives, the Select Committee on Intelligence 

of the Senate, and the committees on the Judiciary of the House of 

Representatives and the Senate, in a manner consistent with the 

protection of the national security, a report setting forth with respect 

to the preceding 6-month period— 

‘‘(1) the aggregate number of persons targeted for orders 

issued under this Act, including a breakdown of those targeted 

for— 

‘‘(A) electronic surveillance under section 105; 

‘‘(B) physical searches under section 304; 

‘‘(C) pen registers under section 402; and 

‘‘(D) access to records under section 501; 

‘‘(2) the number of individuals covered by an order issued 

pursuant to section 101(b)(1)(C); 

‘‘(3) the number of times that the Attorney General has authorized that information obtained under this Act may be used 

in a criminal proceeding or any information derived therefrom 

may be used in a criminal proceeding; 

‘‘(4) a summary of significant legal interpretations of this 

Act involving matters before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of 

Review, including interpretations presented in applications or 

pleadings filed with the Foreign Intelligence Surveillance Court 

or the Foreign Intelligence Surveillance Court of Review by the 

Department of Justice; and 

‘‘(5) copies of all decisions (not including orders) or opinions of the Foreign Intelligence Surveillance Court or Foreign 

Intelligence Surveillance Court of Review that include significant construction or interpretation of the provisions of this Act. 

‘‘(b) FREQUENCY.—The first report under this section shall be 

submitted not later than 6 months after the date of enactment of 

this section. Subsequent reports under this section shall be submitted semi-annually thereafter.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Foreign Intelligence Act of 1978 (50 U.S.C. 1801 et seq.) is amended by 

striking the items relating to title VI and inserting the following 

new items: 

109 

‘‘TITLE VI—REPORTING REQUIREMENT 

‘‘Sec. 601. Semiannual report of the Attorney General. 

‘‘TITLE VII—EFFECTIVE DATE 

‘‘Sec. 701. Effective date.’’. 

Subtitle B—Money Laundering and 

Terrorist Financing 

SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN. 

Subsection (d) of section 310 of title 31, United States Code, is 

amended— 

(1) by striking ‘‘APPROPRIATIONS.—There are authorized’’ 

and inserting ‘‘APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There are authorized’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) AUTHORIZATION FOR FUNDING KEY TECHNOLOGICAL IMPROVEMENTS IN MISSION-CRITICAL FINCEN SYSTEMS.—There are 

authorized to be appropriated for fiscal year 2005 the following 

amounts, which are authorized to remain available until expended: 

‘‘(A) BSA DIRECT.—For technological improvements to 

provide authorized law enforcement and financial regulatory agencies with Web-based access to FinCEN data, to 

fully develop and implement the highly secure network required under section 362 of Public Law 107–56 to expedite 

the filing of, and reduce the filing costs for, financial institution reports, including suspicious activity reports, collected by FinCEN under chapter 53 and related provisions 

of law, and enable FinCEN to immediately alert financial 

institutions about suspicious activities that warrant immediate and enhanced scrutiny, and to provide and upgrade 

advanced information-sharing technologies to materially 

improve the Government’s ability to exploit the information 

in the FinCEN data banks, $16,500,000. 

‘‘(B) ADVANCED ANALYTICAL TECHNOLOGIES.—To provide advanced analytical tools needed to ensure that the 

data collected by FinCEN under chapter 53 and related 

provisions of law are utilized fully and appropriately in 

safeguarding financial institutions and supporting the war 

on terrorism, $5,000,000. 

‘‘(C) DATA NETWORKING MODERNIZATION.—To improve 

the telecommunications infrastructure to support the improved capabilities of the FinCEN systems, $3,000,000. 

‘‘(D) ENHANCED COMPLIANCE CAPABILITY.—To improve 

the effectiveness of the Office of Compliance in FinCEN, 

$3,000,000. 

‘‘(E) DETECTION AND PREVENTION OF FINANCIAL CRIMES

AND TERRORISM.—To provide development of, and training 

in the use of, technology to detect and prevent financial 

crimes and terrorism within and without the United States, 

$8,000,000.’’. 

110 

SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY 

REAUTHORIZATION. 

(a) PROGRAM.—Section 5341(a)(2) of title 31, United States 

Code, is amended— 

(1) by striking ‘‘February 1’’ and inserting ‘‘August 1’’; and 

(2) by striking ‘‘and 2003,’’ and inserting ‘‘2003, 2005, and 

2007,’’. 

(b) REAUTHORIZATION OF APPROPRIATIONS.—Section 5355 of 

title 31, United States Code, is amended by adding at the end the 

following: 

‘‘2004 ...................................................... $15,000,000. 

‘‘2005 ...................................................... $15,000,000.’’. 

Subtitle C—Money Laundering Abatement 

and Financial Antiterrorism Technical 

Corrections 

SEC. 6201. SHORT TITLE. 

This subtitle may be cited as the ‘‘International Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004’’. 

SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107–56. 

(a) The heading of title III of Public Law 107–56 is amended 

to read as follows: 

‘‘TITLE III—INTERNATIONAL MONEY 

LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF 

2001’’. 

(b) The table of contents for Public Law 107–56 is amended by 

striking the item relating to title III and inserting the following: 

‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND 

FINANCIAL ANTITERRORISM ACT OF 2001’’. 

(c) Section 302 of Public Law 107–56 is amended— 

(1) in subsection (a)(4), by striking the comma after ‘‘movement of criminal funds’’; 

(2) in subsection (b)(7), by inserting ‘‘or types of accounts’’ 

after ‘‘classes of international transactions’’; and 

(3) in subsection (b)(10), by striking ‘‘subchapters II and 

III’’ and inserting ‘‘subchapter II’’. 

(d) Section 303(a) of Public Law 107–56 is amended by striking 

‘‘Anti-Terrorist Financing Act’’ and inserting ‘‘Financial 

Antiterrorism Act’’. 

(e) The heading for section 311 of Public Law 107–56 is amended by striking ‘‘OR INTERNATIONAL TRANSACTIONS’’ and 

inserting ‘‘INTERNATIONAL TRANSACTIONS, OR TYPES OF 

ACCOUNTS’’. 

(f) Section 314 of Public Law 107–56 is amended— 

(1) in paragraph (1)— 

111 

(A) by inserting a comma after ‘‘organizations engaged 

in’’; and 

(B) by inserting a comma after ‘‘credible evidence of engaging in’’; 

(2) in paragraph (2)(A)— 

(A) by striking ‘‘and’’ after ‘‘nongovernmental organizations,’’; and 

(B) by inserting a comma after ‘‘unwittingly involved in 

such finances’’; 

(3) in paragraph (3)(A)— 

(A) by striking ‘‘to monitor accounts of’’ and inserting 

‘‘monitor accounts of,’’; and 

(B) by striking the comma after ‘‘organizations identified’’; and 

(4) in paragraph (3)(B), by inserting ‘‘financial’’ after ‘‘size, 

and nature of the’’. 

(g) Section 321(a) of Public Law 107–56 is amended by striking 

‘‘5312(2)’’ and inserting ‘‘5312(a)(2)’’. 

(h) Section 325 of Public Law 107–56 is amended by striking 

‘‘as amended by section 202 of this title,’’ and inserting ‘‘as amended 

by section 352,’’. 

(i) Subsections (a)(2) and (b)(2) of section 327 of Public Law 

107–56 are each amended by striking ‘‘2001’’ and all that follows 

and inserting a period. 

(j) Section 356(c)(4) of Public Law 107–56 is amended by striking ‘‘or business or other grantor trust’’ and inserting ‘‘, business 

trust, or other grantor trust’’. 

(k) Section 358(e) of Public Law 107–56 is amended— 

(1) by striking ‘‘Section 123(a)’’ and inserting ‘‘That portion 

of section 123(a)’’; 

(2) by striking ‘‘is amended to read’’ and inserting ‘‘that 

precedes paragraph (1) of such section is amended to read’’; and 

(3) in the amendment made in that subsection (e), by striking ‘‘person.’’ and inserting the following: ‘‘person—’’. 

(l) Section 360 of Public Law 107–56 is amended— 

(1) in subsection (a), by inserting ‘‘the’’ after ‘‘utilization of 

the funds of’’; and 

(2) in subsection (b), by striking ‘‘at such institutions’’ and 

inserting ‘‘at such institution’’. 

(m) Section 362(a)(1) of Public Law 107–56 is amended by 

striking ‘‘subchapter II or III’’ and inserting ‘‘subchapter II’’. 

(n) Section 365 of Public Law 107–56 is amended— 

(1) by redesignating the second of the 2 subsections designated as subsection (c) (relating to a clerical amendment) as 

subsection (d); and 

(2) by redesignating subsection (f) as subsection (e). 

(o) Section 365(d) of Public Law 107–56 (as so redesignated by 

subsection (n) of this section) is amended by striking ‘‘section 5332 

(as added by section 112 of this title)’’ and inserting ‘‘section 5330’’. 

SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW. 

(a) Section 310(c) of title 31, United States Code, is amended 

by striking ‘‘the Network’’ each place such term appears and inserting ‘‘FinCEN’’. 

112 

(b) Section 5312(a)(3)(C) of title 31, United States Code, is 

amended by striking ‘‘sections 5333 and 5316’’ and inserting ‘‘sections 5316 and 5331’’. 

(c) Section 5318(i) of title 31, United States Code, is amended— 

(1) in paragraph (3)(B), by inserting a comma after ‘‘foreign 

political figure’’ the second place such term appears; and 

(2) in the heading of paragraph (4), by striking ‘‘DEFINITION’’ and inserting ‘‘DEFINITIONS’’. 

(d) Section 5318(k)(1)(B) of title 31, United States Code, is 

amended by striking ‘‘section 5318A(f)(1)(B)’’ and inserting ‘‘section 

5318A(e)(1)(B)’’. 

(e) The heading for section 5318A of title 31, United States 

Code, is amended to read as follows: 

‘‘§ 5318A. Special measures for jurisdictions, financial institutions, international transactions, or types of accounts of primary money laundering concern’’. 

(f) Section 5318A of title 31, United States Code, is amended— 

(1) in subsection (a)(4)(A), by striking ‘‘, as defined in section 3 of the Federal Deposit Insurance Act,’’ and inserting ‘‘(as 

defined in section 3 of the Federal Deposit Insurance Act)’’; 

(2) in subsection (a)(4)(B)(iii), by striking ‘‘or class of transactions’’ and inserting ‘‘class of transactions, or type of account’’; 

(3) in subsection (b)(1)(A), by striking ‘‘or class of transactions to be’’ and inserting ‘‘class of transactions, or type of account to be’’; and 

(4) in subsection (e)(3), by inserting ‘‘or subsection (i) or (j) 

of section 5318’’ after ‘‘identification of individuals under this 

section’’. 

(g) Section 5324(b) of title 31, United States Code, is amended 

by striking ‘‘5333’’ each place such term appears and inserting 

‘‘5331’’. 

(h) Section 5332 of title 31, United States Code, is amended— 

(1) in subsection (b)(2), by striking ‘‘, subject to subsection 

(d) of this section’’; and 

(2) in subsection (c)(1), by striking ‘‘, subject to subsection 

(d) of this section,’’. 

(i) The table of sections for subchapter II of chapter 53 of title 

31, United States Code, is amended by striking the item relating to 

section 5318A and inserting the following: 

‘‘5318A. Special measures for jurisdictions, financial institutions, international 

transactions, or types of accounts of primary money laundering concern.’’. 

(j) Section 18(w)(3) of the Federal Deposit Insurance Act (12 

U.S.C. 1828(w)(3)) is amended by inserting a comma after ‘‘agent of 

such institution’’. 

(k) Section 21(a)(2) of the Federal Deposit Insurance Act (12 

U.S.C. 1829b(a)(2)) is amended by striking ‘‘recognizes that’’ and inserting ‘‘recognizing that’’. 

(l) Section 626(e) of the Fair Credit Reporting Act (15 U.S.C. 

1681v(e)) is amended by striking ‘‘governmental agency’’ and inserting ‘‘government agency’’. 

113 

SEC. 6204. REPEAL OF REVIEW. 

Title III of Public Law 107–56 is amended by striking section 

303 (31 U.S.C. 5311 note). 

SEC. 6205. EFFECTIVE DATE. 

The amendments made by this subchapter to Public Law 107– 

56, the United States Code, the Federal Deposit Insurance Act, and 

any other provision of law shall take effect as if such amendments 

had been included in Public Law 107–56, as of the date of enactment of such Public Law, and no amendment made by such Public 

Law that is inconsistent with an amendment made by this subchapter shall be deemed to have taken effect. 

Subtitle D—Additional Enforcement Tools 

SEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING. 

(a) PRODUCTION OF DOCUMENTS.—Section 5114(a) of title 31, 

United States Code (relating to engraving and printing currency 

and security documents), is amended— 

(1) by striking ‘‘(a) The Secretary of the Treasury’’ and inserting: 

‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.— 

‘‘(1) IN GENERAL.—The Secretary of the Treasury’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(2) ENGRAVING AND PRINTING FOR OTHER GOVERNMENTS.— 

The Secretary of the Treasury may produce currency, postage 

stamps, and other security documents for foreign governments 

if— 

‘‘(A) the Secretary of the Treasury determines that such 

production will not interfere with engraving and printing 

needs of the United States; and 

‘‘(B) the Secretary of State determines that such production would be consistent with the foreign policy of the 

United States. 

‘‘(3) PROCUREMENT GUIDELINES.—Articles, material, and 

supplies procured for use in the production of currency, postage 

stamps, and other security documents for foreign governments 

pursuant to paragraph (2) shall be treated in the same manner 

as articles, material, and supplies procured for public use within the United States for purposes of title III of the Act of March 

3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as the Buy 

American Act).’’. 

(b) REIMBURSEMENT.—Section 5143 of title 31, United States 

Code (relating to payment for services of the Bureau of Engraving 

and Printing), is amended— 

(1) in the first sentence, by inserting ‘‘or to a foreign government under section 5114’’ after ‘‘agency’’; 

(2) in the second sentence, by inserting ‘‘and other’’ after 

‘‘including administrative’’; and 

(3) in the last sentence, by inserting ‘‘, and the Secretary 

shall take such action, in coordination with the Secretary of 

State, as may be appropriate to ensure prompt payment by a 

foreign government of any invoice or statement of account subVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00113 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
114 

mitted by the Secretary with respect to services rendered under 

section 5114’’ before the period at the end. 

SEC. 6302. REPORTING OF CERTAIN CROSS-BORDER TRANSMITTAL OF 

FUNDS. 

Section 5318 of title 31, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(n) REPORTING OF CERTAIN CROSS-BORDER TRANSMITTALS OF

FUNDS.— 

‘‘(1) IN GENERAL.—Subject to paragraphs (3) and (4), the 

Secretary shall prescribe regulations requiring such financial 

institutions as the Secretary determines to be appropriate to report to the Financial Crimes Enforcement Network certain 

cross-border electronic transmittals of funds, if the Secretary determines that reporting of such transmittals is reasonably necessary to conduct the efforts of the Secretary against money 

laundering and terrorist financing. 

‘‘(2) LIMITATION ON REPORTING REQUIREMENTS.—Information required to be reported by the regulations prescribed under 

paragraph (1) shall not exceed the information required to be 

retained by the reporting financial institution pursuant to section 21 of the Federal Deposit Insurance Act and the regulations promulgated thereunder, unless— 

‘‘(A) the Board of Governors of the Federal Reserve System and the Secretary jointly determine that a particular 

item or items of information are not currently required to 

be retained under such section or such regulations; and 

‘‘(B) the Secretary determines, after consultation with 

the Board of Governors of the Federal Reserve System, that 

the reporting of such information is reasonably necessary to 

conduct the efforts of the Secretary to identify cross-border 

money laundering and terrorist financing. 

‘‘(3) FORM AND MANNER OF REPORTS.—In prescribing the 

regulations required under paragraph (1), the Secretary shall, 

subject to paragraph (2), determine the appropriate form, manner, content, and frequency of filing of the required reports. 

‘‘(4) FEASIBILITY REPORT.— 

‘‘(A) IN GENERAL.—Before prescribing the regulations 

required under paragraph (1), and as soon as is practicable 

after the date of enactment of the National Intelligence Reform Act of 2004, the Secretary shall submit a report to the 

Committee on Banking, Housing, and Urban Affairs of the 

Senate and the Committee on Financial Services of the 

House of Representatives that— 

‘‘(i) identifies the information in cross-border electronic transmittals of funds that may be found in particular cases to be reasonably necessary to conduct the 

efforts of the Secretary to identify money laundering 

and terrorist financing, and outlines the criteria to be 

used by the Secretary to select the situations in which 

reporting under this subsection may be required; 

‘‘(ii) outlines the appropriate form, manner, content, and frequency of filing of the reports that may be 

required under such regulations; 

‘‘(iii) identifies the technology necessary for the Financial Crimes Enforcement Network to receive, keep, 

115 

exploit, protect the security of, and disseminate information from reports of cross-border electronic transmittals of funds to law enforcement and other entities engaged in efforts against money laundering and terrorist financing; and 

‘‘(iv) discusses the information security protections 

required by the exercise of the Secretary’s authority 

under this subsection. 

‘‘(B) CONSULTATION.—In reporting the feasibility report 

under subparagraph (A), the Secretary may consult with 

the Bank Secrecy Act Advisory Group established by the 

Secretary, and any other group considered by the Secretary 

to be relevant. 

‘‘(5) REGULATIONS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

regulations required by paragraph (1) shall be prescribed 

in final form by the Secretary, in consultation with the 

Board of Governors of the Federal Reserve System, before 

the end of the 3-year period beginning on the date of enactment of the National Intelligence Reform Act of 2004. 

‘‘(B) TECHNOLOGICAL FEASIBILITY.—No regulations 

shall be prescribed under this subsection before the Secretary certifies to the Congress that the Financial Crimes 

Enforcement Network has the technological systems in 

place to effectively and efficiently receive, keep, exploit, protect the security of, and disseminate information from reports of cross-border electronic transmittals of funds to law 

enforcement and other entities engaged in efforts against 

money laundering and terrorist financing.’’. 

SEC. 6303. TERRORISM FINANCING. 

(a) REPORT ON TERRORIST FINANCING.— 

(1) IN GENERAL.—Not later than 270 days after the date of 

enactment of this Act, the President, acting through the Secretary of the Treasury, shall submit to Congress a report evaluating the current state of United States efforts to curtail the 

international financing of terrorism. 

(2) CONTENTS.—The report required by paragraph (1) shall 

evaluate and make recommendations on— 

(A) the effectiveness and efficiency of current United 

States governmental efforts and methods to detect, track, 

disrupt, and stop terrorist financing; 

(B) the relationship between terrorist financing and 

money laundering, including how the laundering of proceeds related to illegal narcotics or foreign political corruption may contribute to terrorism or terrorist financing; 

(C) the nature, effectiveness, and efficiency of current 

efforts to coordinate intelligence and agency operations 

within the United States Government to detect, track, disrupt, and stop terrorist financing, including identifying 

who, if anyone, has primary responsibility for developing 

priorities, assigning tasks to agencies, and monitoring the 

implementation of policy and operations; 

(D) the effectiveness and efficiency of efforts to protect 

the critical infrastructure of the United States financial 

116 

system, and ways to improve the effectiveness of financial 

institutions; 

(E) ways to improve multilateral and international 

governmental cooperation on terrorist financing, including 

the adequacy of agency coordination within the United 

States related to participating in international cooperative 

efforts and implementing international treaties and compacts; and 

(F) ways to improve the setting of priorities and coordination of United States efforts to detect, track, disrupt, and 

stop terrorist financing, including recommendations for 

changes in executive branch organization or procedures, 

legislative reforms, additional resources, or use of appropriated funds. 

(b) POSTEMPLOYMENT RESTRICTION FOR CERTAIN BANK AND

THRIFT EXAMINERS.—Section 10 of the Federal Deposit Insurance 

Act (12 U.S.C. 1820) is amended by adding at the end the following: 

‘‘(k) ONE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF FINANCIAL INSTITUTIONS.— 

‘‘(1) IN GENERAL.—In addition to other applicable restrictions set forth in title 18, United States Code, the penalties set 

forth in paragraph (6) of this subsection shall apply to any person who— 

‘‘(A) was an officer or employee (including any special 

Government employee) of a Federal banking agency or a 

Federal reserve bank; 

‘‘(B) served 2 or more months during the final 12 

months of his or her employment with such agency or entity 

as the senior examiner (or a functionally equivalent position) of a depository institution or depository institution 

holding company with continuing, broad responsibility for 

the examination (or inspection) of that depository institution or depository institution holding company on behalf of 

the relevant agency or Federal reserve bank; and 

‘‘(C) within 1 year after the termination date of his or 

her service or employment with such agency or entity, 

knowingly accepts compensation as an employee, officer, director, or consultant from— 

‘‘(i) such depository institution, any depository institution holding company that controls such depository institution, or any other company that controls 

such depository institution; or 

‘‘(ii) such depository institution holding company 

or any depository institution that is controlled by such 

depository institution holding company. 

‘‘(2) DEFINITIONS.—For purposes of this subsection— 

‘‘(A) the term ‘depository institution’ includes an uninsured branch or agency of a foreign bank, if such branch 

or agency is located in any State; and 

‘‘(B) the term ‘depository institution holding company’ 

includes any foreign bank or company described in section 

8(a) of the International Banking Act of 1978. 

‘‘(3) RULES OF CONSTRUCTION.—For purposes of this subsection, a foreign bank shall be deemed to control any branch 

or agency of the foreign bank, and a person shall be deemed to 

117 

act as a consultant for a depository institution, depository institution holding company, or other company, only if such person 

directly works on matters for, or on behalf of, such depository 

institution, depository institution holding company, or other 

company. 

‘‘(4) REGULATIONS.— ‘‘(A) IN GENERAL.—Each Federal banking agency shall 

prescribe rules or regulations to administer and carry out 

this subsection, including rules, regulations, or guidelines 

to define the scope of persons referred to in paragraph 

(1)(B). 

‘‘(B) CONSULTATION REQUIRED.—The Federal banking 

agencies shall consult with each other for the purpose of assuring that the rules and regulations issued by the agencies 

under subparagraph (A) are, to the extent possible, consistent, comparable, and practicable, taking into account 

any differences in the supervisory programs utilized by the 

agencies for the supervision of depository institutions and 

depository institution holding companies. 

‘‘(5) WAIVER.— 

‘‘(A) AGENCY AUTHORITY.—A Federal banking agency 

may grant a waiver, on a case by case basis, of the restriction imposed by this subsection to any officer or employee 

(including any special Government employee) of that agency, and the Board of Governors of the Federal Reserve System may grant a waiver of the restriction imposed by this 

subsection to any officer or employee of a Federal reserve 

bank, if the head of such agency certifies in writing that 

granting the waiver would not affect the integrity of the supervisory program of the relevant Federal banking agency. 

‘‘(B) DEFINITION.—For purposes of this paragraph, the 

head of an agency is— 

‘‘(i) the Comptroller of the Currency, in the case of 

the Office of the Comptroller of the Currency; 

‘‘(ii) the Chairman of the Board of Governors of the 

Federal Reserve System, in the case of the Board of 

Governors of the Federal Reserve System; 

‘‘(iii) the Chairperson of the Board of Directors, in 

the case of the Corporation; and 

‘‘(iv) the Director of the Office of Thrift Supervision, in the case of the Office of Thrift Supervision. 

‘‘(6) PENALTIES.— 

‘‘(A) IN GENERAL.—In addition to any other administrative, civil, or criminal remedy or penalty that may otherwise apply, whenever a Federal banking agency determines 

that a person subject to paragraph (1) has become associated, in the manner described in paragraph (1)(C), with a 

depository institution, depository institution holding company, or other company for which such agency serves as the 

appropriate Federal banking agency, the agency shall impose upon such person one or more of the following penalties: 

‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.—The Federal banking agency shall serve a written notice or 

order in accordance with and subject to the provisions 

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of section 8(e)(4) for written notices or orders under 

paragraph (1) or (2) of section 8(e), upon such person 

of the intention of the agency— 

‘‘(I) to remove such person from office or to 

prohibit such person from further participation in 

the conduct of the affairs of the depository institution, depository institution holding company, or 

other company for a period of up to 5 years; and 

‘‘(II) to prohibit any further participation by 

such person, in any manner, in the conduct of the 

affairs of any insured depository institution for a 

period of up to 5 years. 

‘‘(ii) CIVIL MONETARY PENALTY.—The Federal 

banking agency may, in an administrative proceeding 

or civil action in an appropriate United States district 

court, impose on such person a civil monetary penalty 

of not more than $250,000. Any administrative proceeding under this clause shall be conducted in accordance with section 8(i). In lieu of an action by the Federal banking agency under this clause, the Attorney 

General of the United States may bring a civil action 

under this clause in the appropriate United States district court. 

‘‘(B) SCOPE OF PROHIBITION ORDER.—Any person subject to an order issued under subparagraph (A)(i) shall be 

subject to paragraphs (6) and (7) of section 8(e) in the same 

manner and to the same extent as a person subject to an 

order issued under such section. 

‘‘(C) DEFINITIONS.—Solely for purposes of this paragraph, the ‘appropriate Federal banking agency’ for a company that is not a depository institution or depository institution holding company shall be the Federal banking agency on whose behalf the person described in paragraph (1) 

performed the functions described in paragraph (1)(B).’’. 

(c) POSTEMPLOYMENT RESTRICTION FOR CERTAIN CREDIT UNION

EXAMINERS.—Section 206 of the Federal Credit Union Act (12 

U.S.C. 1786) is amended by adding at the end the following: 

‘‘(w) ONE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF IN- SURED CREDIT UNIONS.— ‘‘(1) IN GENERAL.—In addition to other applicable restrictions set forth in title 18, United States Code, the penalties set 

forth in paragraph (5) of this subsection shall apply to any person who— 

‘‘(A) was an officer or employee (including any special 

Government employee) of the Administration; 

‘‘(B) served 2 or more months during the final 12 

months of his or her employment with the Administration 

as the senior examiner (or a functionally equivalent position) of an insured credit union with continuing, broad responsibility for the examination (or inspection) of that insured credit union on behalf of the Administration; and 

‘‘(C) within 1 year after the termination date of his or 

her service or employment with the Administration, knowingly accepts compensation as an employee, officer, director, 

or consultant from such insured credit union. 

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‘‘(2) RULE OF CONSTRUCTION.—For purposes of this subsection, a person shall be deemed to act as a consultant for an 

insured credit union only if such person directly works on matters for, or on behalf of, such insured credit union. 

‘‘(3) REGULATIONS.— 

‘‘(A) IN GENERAL.—The Board shall prescribe rules or 

regulations to administer and carry out this subsection, including rules, regulations, or guidelines to define the scope 

of persons referred to in paragraph (1)(B). 

‘‘(B) CONSULTATION.—In prescribing rules or regulations under this paragraph, the Board shall, to the extent 

it deems necessary, consult with the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act) on regulations issued by such agencies in carrying out section 10(k) of the Federal Deposit Insurance 

Act. 

‘‘(4) WAIVER.—The Board may grant a waiver, on a case by 

case basis, of the restriction imposed by this subsection to any 

officer or employee (including any special Government employee) of the Administration if the Chairman certifies in writing that granting the waiver would not affect the integrity of 

the supervisory program of the Administration. 

‘‘(5) PENALTIES.— 

‘‘(A) IN GENERAL.—In addition to any other administrative, civil, or criminal remedy or penalty that may otherwise apply, whenever the Board determines that a person 

subject to paragraph (1) has become associated, in the manner described in paragraph (1)(C), with an insured credit 

union, the Board shall impose upon such person one or 

more of the following penalties: 

‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.—The 

Board shall serve a written notice or order in accordance with and subject to the provisions of subsection 

(g)(4) for written notices or orders under paragraph (1) 

or (2) of subsection (g), upon such person of the intention of the Board— 

‘‘(I) to remove such person from office or to 

prohibit such person from further participation in 

the conduct of the affairs of the insured credit 

union for a period of up to 5 years; and 

‘‘(II) to prohibit any further participation by 

such person, in any manner, in the conduct of the 

affairs of any insured credit union for a period of 

up to 5 years. 

‘‘(ii) CIVIL MONETARY PENALTY.—The Board may, 

in an administrative proceeding or civil action in an 

appropriate United States district court, impose on 

such person a civil monetary penalty of not more than 

$250,000. Any administrative proceeding under this 

clause shall be conducted in accordance with subsection (k). In lieu of an action by the Board under this 

clause, the Attorney General of the United States may 

bring a civil action under this clause in the appropriate United States district court. 

120 

‘‘(B) SCOPE OF PROHIBITION ORDER.—Any person subject to an order issued under this subparagraph (A)(i) shall 

be subject to paragraphs (5) and (7) of subsection (g) in the 

same manner and to the same extent as a person subject to 

an order issued under subsection (g).’’. 

(d) EFFECTIVE DATE.—Notwithstanding any other effective date 

established pursuant to this Act, subsection (a) shall become effective on the date of enactment of this Act, and the amendments made 

by subsections (b) and (c) shall become effective at the end of the 12- 

month period beginning on the date of enactment of this Act, whether or not final regulations are issued in accordance with the amendments made by this section as of that date of enactment. 

Subtitle E—Criminal History Background 

Checks 

SEC. 6401. PROTECT ACT. 

Public Law 108–21 is amended— 

(1) in section 108(a)(2)(A) by striking ‘‘an 18 month’’ and 

inserting ‘‘a 30-month’’; and 

(2) in section 108(a)(3)(A) by striking ‘‘an 18-month’’ and 

inserting ‘‘a 30-month’’. 

SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY OFFICER EMPLOYMENT. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Private Security Officer Employment Authorization Act of 2004’’. 

(b) FINDINGS.—Congress finds that— 

(1) employment of private security officers in the United 

States is growing rapidly; 

(2) private security officers function as an adjunct to, but 

not a replacement for, public law enforcement by helping to reduce and prevent crime; 

(3) such private security officers protect individuals, property, and proprietary information, and provide protection to 

such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace 

contractors, high technology businesses, nuclear power plants, 

chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities, 

and others; 

(4) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and 

are supplemented by private security officers; 

(5) the threat of additional terrorist attacks requires cooperation between public and private sectors and demands professional, reliable, and responsible security officers for the protection of people, facilities, and institutions; 

(6) the trend in the Nation toward growth in such security 

services has accelerated rapidly; 

(7) such growth makes available more public sector law enforcement officers to combat serious and violent crimes, including terrorism; 

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(8) the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to 

sworn law enforcement officers; and 

(9) private security officers and applicants for private security officer positions should be thoroughly screened and trained. 

(c) DEFINITIONS.—In this section: 

(1) EMPLOYEE.—The term ‘‘employee’’ includes both a current employee and an applicant for employment as a private security officer. 

(2) AUTHORIZED EMPLOYER.—The term ‘‘authorized employer’’ means any person that— 

(A) employs private security officers; and 

(B) is authorized by regulations promulgated by the Attorney General to request a criminal history record information search of an employee through a State identification 

bureau pursuant to this section. 

(3) PRIVATE SECURITY OFFICER.—The term ‘‘private security 

officer’’— 

(A) means an individual other than an employee of a 

Federal, State, or local government, whose primary duty is 

to perform security services, full or part time, for consideration, whether armed or unarmed and in uniform or plain 

clothes (except for services excluded from coverage under 

this Act if the Attorney General determines by regulation 

that such exclusion would serve the public interest); but 

(B) does not include— 

(i) employees whose duties are primarily internal 

audit or credit functions; 

(ii) employees of electronic security system companies acting as technicians or monitors; or 

(iii) employees whose duties primarily involve the 

secure movement of prisoners. 

(4) SECURITY SERVICES.—The term ‘‘security services’’ 

means acts to protect people or property as defined by regulations promulgated by the Attorney General. 

(5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identification bureau’’ means the State entity designated by the Attorney General for the submission and receipt of criminal history record information. 

(d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.— 

(1) IN GENERAL.— 

(A) SUBMISSION OF FINGERPRINTS.—An authorized employer may submit to the State identification bureau of a 

participating State, fingerprints or other means of positive 

identification, as determined by the Attorney General, of an 

employee of such employer for purposes of a criminal history record information search pursuant to this Act. 

(B) EMPLOYEE RIGHTS.— 

(i) PERMISSION.—An authorized employer shall obtain written consent from an employee to submit to the 

State identification bureau of the participating State 

the request to search the criminal history record information of the employee under this Act. 

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122 

tion relating to the employee received by the authorized 

employer pursuant to this Act. 

(C) PROVIDING INFORMATION TO THE STATE IDENTIFICATION BUREAU.—Upon receipt of a request for a criminal history record information search from an authorized employer pursuant to this Act, submitted through the State 

identification bureau of a participating State, the Attorney 

General shall— 

(i) search the appropriate records of the Criminal 

Justice Information Services Division of the Federal 

Bureau of Investigation; and 

(ii) promptly provide any resulting identification 

and criminal history record information to the submitting State identification bureau requesting the information. 

(D) USE OF INFORMATION.— 

(i) IN GENERAL.—Upon receipt of the criminal history record information from the Attorney General by 

the State identification bureau, the information shall 

be used only as provided in clause (ii). 

(ii) TERMS.—In the case of— 

(I) a participating State that has no State 

standards for qualification to be a private security 

officer, the State shall notify an authorized employer as to the fact of whether an employee has 

been— 

(aa) convicted of a felony, an offense involving dishonesty or a false statement if the 

conviction occurred during the previous 10 

years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years; or 

(bb) charged with a criminal felony for 

which there has been no resolution during the 

preceding 365 days; or 

(II) a participating State that has State standards for qualification to be a private security officer, the State shall use the information received 

pursuant to this Act in applying the State standards and shall only notify the employer of the results of the application of the State standards. 

(E) FREQUENCY OF REQUESTS.—An authorized employer may request a criminal history record information 

search for an employee only once every 12 months of continuous employment by that employee unless the authorized 

employer has good cause to submit additional requests. 

(2) REGULATIONS.—Not later than 180 days after the date 

of enactment of this Act, the Attorney General shall issue such 

final or interim final regulations as may be necessary to carry 

out this Act, including— 

(A) measures relating to the security, confidentiality, 

accuracy, use, submission, dissemination, destruction of information and audits, and record keeping; 

123 

(B) standards for qualification as an authorized employer; and 

(C) the imposition of reasonable fees necessary for conducting the background checks. 

(3) CRIMINAL PENALTIES FOR USE OF INFORMATION.—Whoever knowingly and intentionally uses any information obtained 

pursuant to this Act other than for the purpose of determining 

the suitability of an individual for employment as a private security officer shall be fined under title 18, United States Code, 

or imprisoned for not more than 2 years, or both. 

(4) USER FEES.— 

(A) IN GENERAL.—The Director of the Federal Bureau 

of Investigation may— 

(i) collect fees to process background checks provided for by this Act; and 

(ii) establish such fees at a level to include an additional amount to defray expenses for the automation 

of fingerprint identification and criminal justice information services and associated costs. 

(B) LIMITATIONS.—Any fee collected under this subsection— 

(i) shall, consistent with Public Law 101–515 and 

Public Law 104–99, be credited to the appropriation to 

be used for salaries and other expenses incurred 

through providing the services described in such Public 

Laws and in subparagraph (A); 

(ii) shall be available for expenditure only to pay 

the costs of such activities and services; and 

(iii) shall remain available until expended. 

(C) STATE COSTS.—Nothing in this Act shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State 

of administering this Act. 

(5) STATE OPT OUT.—A State may decline to participate in 

the background check system authorized by this Act by enacting 

a law or issuing an order by the Governor (if consistent with 

State law) providing that the State is declining to participate 

pursuant to this subsection. 

SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS. 

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Attorney General shall report to the Judiciary Committee of the Senate and the Judiciary Committee of the 

House of Representatives regarding all statutory requirements for 

criminal history record checks that are required to be conducted by 

the Department of Justice or any of its components. 

(b) DEFINITIONS.—As used in this section— 

(1) the terms ‘‘criminal history information’’ and ‘‘criminal 

history records’’ include— 

(A) an identifying description of the individual to 

whom the information or records pertain; 

(B) notations of arrests, detentions, indictments, or 

other formal criminal charges pertaining to such individual; and 

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(C) any disposition to a notation described in subparagraph (B), including acquittal, sentencing, correctional supervision, or release; and 

(2) the term ‘‘IAFIS’’ means the Integrated Automated Fingerprint Identification System of the Federal Bureau of Allocation, which serves as the national depository for fingerprint, biometric, and criminal history information, through which fingerprints are processed electronically. 

(c) IDENTIFICATION OF INFORMATION.—The Attorney General 

shall identify— 

(1) the number of criminal history record checks requested, 

including the type of information requested; 

(2) the usage of different terms and definitions regarding 

criminal history information; and 

(3) the variation in fees charged for such information and 

who pays such fees. 

(d) RECOMMENDATIONS.—The Attorney General shall make recommendations to Congress for improving, standardizing, and consolidating the existing statutory authorization, programs, and procedures for the conduct of criminal history record checks for noncriminal justice purposes. In making these recommendations to Congress, the Attorney General shall consider— 

(1) the effectiveness and efficiency of utilizing commercially 

available databases as a supplement to IAFIS criminal history 

information checks; 

(2) any security concerns created by the existence of these 

commercially available databases concerning their ability to 

provide sensitive information that is not readily available about 

law enforcement or intelligence officials, including their identity, residence, and financial status; 

(3) the effectiveness of utilizing State databases; 

(4) any feasibility studies by the Department of Justice of 

the resources and structure of the Federal Bureau of Investigation to establish a system to provide criminal history information; 

(5) privacy rights and other employee protections, including— 

(A) employee consent; 

(B) access to the records used if employment was denied; 

(C) the disposition of the fingerprint submissions after 

the records are searched; 

(D) an appeal mechanism; and 

(E) penalties for misuse of the information; 

(6) the scope and means of processing background checks 

for private employers utilizing data maintained by the Federal 

Bureau of Investigation that the Attorney General should be allowed to authorize in cases where the authority for such checks 

is not available at the State level; 

(7) any restrictions that should be placed on the ability of 

an employer to charge an employee or prospective employee for 

the cost associated with the background check; 

(8) which requirements should apply to the handling of incomplete records; 

125 

(9) the circumstances under which the criminal history information should be disseminated to the employer; 

(10) the type of restrictions that should be prescribed for the 

handling of criminal history information by an employer; 

(11) the range of Federal and State fees that might apply 

to such background check requests; 

(12) any requirements that should be imposed concerning 

the time for responding to such background check requests; 

(13) any infrastructure that may need to be developed to 

support the processing of such checks, including— 

(A) the means by which information is collected and 

submitted in support of the checks; and 

(B) the system capacity needed to process such checks 

at the Federal and State level; 

(14) the role that States should play; and 

(15) any other factors that the Attorney General determines 

to be relevant to the subject of the report. 

(e) CONSULTATION.—In developing the report under this section, 

the Attorney General shall consult with representatives of State 

criminal history record repositories, the National Crime Prevention 

and Privacy Compact Council, appropriate representatives of private 

industry, and representatives of labor, as determined appropriate by 

the Attorney General. 

Subtitle F—Grand Jury Information 

Sharing 

SEC. 6501. GRAND JURY INFORMATION SHARING. 

(a) RULE AMENDMENTS.—Rule 6(e) of the Federal Rules of 

Criminal Procedure is amended— 

(1) in paragraph (3)— 

(A) in subparagraph (A)(ii), by striking ‘‘or state subdivision or of an Indian tribe’’ and inserting ‘‘, state subdivision, Indian tribe, or foreign government’’; 

(B) in subparagraph (D)— 

(i) by inserting after the first sentence the following: ‘‘An attorney for the government may also disclose any grand jury matter involving, within the 

United States or elsewhere, a threat of attack or other 

grave hostile acts of a foreign power or its agent, a 

threat of domestic or international sabotage or terrorism, or clandestine intelligence gathering activities 

by an intelligence service or network of a foreign power 

or by its agent, to any appropriate Federal, State, State 

subdivision, Indian tribal, or foreign government official, for the purpose of preventing or responding to 

such threat or activities.’’; and 

(ii) in clause (i)— 

(I) by striking ‘‘federal’’; and 

(II) by adding at the end the following: ‘‘Any 

State, State subdivision, Indian tribal, or foreign 

government official who receives information under 

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126 

eral and the Director of National Intelligence shall 

jointly issue.’’; and 

(C) in subparagraph (E)— 

(i) by redesignating clauses (iii) and (iv) as clauses 

(iv) and (v), respectively; 

(ii) by inserting after clause (ii) the following: 

‘‘(iii) at the request of the government, when sought 

by a foreign court or prosecutor for use in an official 

criminal investigation;’’; and 

(iii) in clause (iv), as redesignated— 

(I) by striking ‘‘state or Indian tribal’’ and inserting ‘‘State, Indian tribal, or foreign’’; and 

(II) by striking ‘‘or Indian tribal official’’ and 

inserting ‘‘Indian tribal, or foreign government official’’; and 

(2) in paragraph (7), by inserting ‘‘, or of guidelines jointly 

issued by the Attorney General and the Director of National Intelligence pursuant to Rule 6,’’ after ‘‘Rule 6’’. 

(b) CONFORMING AMENDMENT.—Section 203(c) of Public Law 

107–56 (18 U.S.C. 2517 note) is amended by striking ‘‘Rule 

6(e)(3)(C)(i)(V) and (VI)’’ and inserting ‘‘Rule 6(e)(3)(D)’’. 

Subtitle G—Providing Material Support to 

Terrorism 

SEC. 6601. SHORT TITLE. 

This subtitle may be cited as the ‘‘Material Support to Terrorism Prohibition Enhancement Act of 2004’’. 

SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN 

TERRORIST ORGANIZATION. 

Chapter 113B of title 18, United States Code, is amended by 

adding after section 2339C the following new section: 

‘‘§ 2339D. Receiving military-type training from a foreign terrorist organization 

‘‘(a) OFFENSE.—Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of 

the training by the Secretary of State under section 219(a)(1) of the 

Immigration and Nationality Act as a foreign terrorist organization 

shall be fined under this title or imprisoned for ten years, or both. 

To violate this subsection, a person must have knowledge that the 

organization is a designated terrorist organization (as defined in 

subsection (c)(4)), that the organization has engaged or engages in 

terrorist activity (as defined in section 212 of the Immigration and 

Nationality Act), or that the organization has engaged or engages 

in terrorism (as defined in section 140(d)(2) of the Foreign Relations 

Authorization Act, Fiscal Years 1988 and 1989). 

‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial 

Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— 

‘‘(1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or 

an alien lawfully admitted for permanent residence in the 

127 

United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); 

‘‘(2) an offender is a stateless person whose habitual residence is in the United States; 

‘‘(3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the 

conduct required for the offense occurs outside the United 

States; 

‘‘(4) the offense occurs in whole or in part within the United 

States; 

‘‘(5) the offense occurs in or affects interstate or foreign 

commerce; or 

‘‘(6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense 

under subsection (a) or conspires with any person over whom 

jurisdiction exists under this paragraph to commit an offense 

under subsection (a). 

‘‘(c) DEFINITIONS.—As used in this section— 

‘‘(1) the term ‘military-type training’ includes training in 

means or methods that can cause death or serious bodily injury, 

destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any 

weapon of mass destruction (as defined in section 2232a(c)(2)); 

‘‘(2) the term ‘serious bodily injury’ has the meaning given 

that term in section 1365(h)(3); 

‘‘(3) the term ‘critical infrastructure’ means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or 

privately owned; examples of critical infrastructure include gas 

and oil production, storage, or delivery systems, water supply 

systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and 

‘‘(4) the term ‘foreign terrorist organization’ means an organization designated as a terrorist organization under section 

219(a)(1) of the Immigration and Nationality Act.’’. 

SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORISM. 

(a) IN GENERAL.—Chapter 113B of title 18, United States Code, 

is amended— 

(1) in section 2332b(g)(5)(B)(i)— 

(A) by inserting ‘‘1361 (relating to government property 

or contracts),’’ before ‘‘1362’’; and 

(B) by inserting ‘‘2156 (relating to national defense material, premises, or utilities),’’ before ‘‘2280’’; and 

(2) in section 2339A— 

(A) by striking ‘‘or’’ before ‘‘section 46502’’; and 

(B) by inserting ‘‘or any offense listed in section 

2332b(g)(5)(B) (except for sections 2339A and 2339B)’’ after 

‘‘section 60123(b) of title 49,’’. 

128 

(b) DEFINITIONS.—Section 2339A(b) of title 18, United States 

Code, is amended to read as follows: 

‘‘(b) DEFINITIONS.—As used in this section— 

‘‘(1) the term ‘material support or resources’ means any 

property, tangible or intangible, or service, including currency 

or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, 

false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), 

and transportation, except medicine or religious materials; 

‘‘(2) the term ‘training’ means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and 

‘‘(3) the term ‘expert advice or assistance’ means advice or 

assistance derived from scientific, technical or other specialized 

knowledge.’’. 

(c) ADDITION TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO

TERRORIST ORGANIZATIONS.—Section 2339B(a)(1) of title 18, United 

States Code, is amended— 

(1) by striking ‘‘, within the United States or subject to the 

jurisdiction of the United States,’’; and 

(2) by adding at the end the following: ‘‘To violate this 

paragraph, a person must have knowledge that the organization 

is a designated terrorist organization (as defined in subsection 

(g)(6)), that the organization has engaged or engages in terrorist 

activity (as defined in section 212(a)(3)(B) of the Immigration 

and Nationality Act), or that the organization has engaged or 

engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 

1989).’’. 

(d) FEDERAL AUTHORITY.—Section 2339B(d) of title 18 is 

amended by striking ‘‘There’’ and inserting the following: 

‘‘(1) IN GENERAL.—There is jurisdiction over an offense 

under subsection (a) if— 

‘‘(A) an offender is a national of the United States (as 

defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully 

admitted for permanent residence in the United States (as 

defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))); 

‘‘(B) an offender is a stateless person whose habitual 

residence is in the United States; 

‘‘(C) after the conduct required for the offense occurs an 

offender is brought into or found in the United States, even 

if the conduct required for the offense occurs outside the 

United States; 

‘‘(D) the offense occurs in whole or in part within the 

United States; 

‘‘(E) the offense occurs in or affects interstate or foreign 

commerce; or 

‘‘(F) an offender aids or abets any person over whom 

jurisdiction exists under this paragraph in committing an 

offense under subsection (a) or conspires with any person 

129 

over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).’’. 

‘‘(2) EXTRATERRITORIAL JURISDICTION.—There’’. 

(e) DEFINITION.—Section 2339B(g)(4) of title 18, United States 

Code, is amended to read as follows: 

‘‘(4) the term ‘material support or resources’ has the same 

meaning given that term in section 2339A (including the definitions of ‘training’ and ‘expert advice or assistance’ in that section);’’. 

(f) ADDITIONAL PROVISIONS.—Section 2339B of title 18, United 

States Code, is amended by adding at the end the following: 

‘‘(h) PROVISION OF PERSONNEL.—No person may be prosecuted 

under this section in connection with the term ‘personnel’ unless 

that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to 

be working under the foreign terrorist organization’s direction and 

control. 

‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United 

States. 

‘‘(j) EXCEPTION.—No person may be prosecuted under this section in connection with the term ‘personnel’, ‘training’, or ‘expert advice or assistance’ if the provision of that material support or resources to a foreign terrorist organization was approved by the Secretary of State with the concurrence of the Attorney General. The 

Secretary of State may not approve the provision of any material 

support that may be used to carry out terrorist activity (as defined 

in section 212(a)(3)(B)(iii) of the Immigration and Nationality 

Act).’’. 

(g) SUNSET PROVISION.— (1) IN GENERAL.—Except as provided in paragraph (2), this 

section and the amendments made by this section shall cease to 

be effective on December 31, 2006. 

(2) EXCEPTION.—This section and the amendments made by 

this section shall continue in effect with respect to any particular offense that— 

(A) is prohibited by this section or amendments made 

by this section; and 

(B) began or occurred before December 31, 2006. 

SEC. 6604. FINANCING OF TERRORISM. 

(a) FINANCING TERRORISM.—Section 2339c(c)(2) of title 18, 

United States Code, is amended— 

(1) by striking ‘‘, resources, or funds’’ and inserting ‘‘or resources, or any funds or proceeds of such funds’’; 

(2) in subparagraph (A), by striking ‘‘were provided’’ and 

inserting ‘‘are to be provided, or knowing that the support or resources were provided,’’; and 

(3) in subparagraph (B)— 

(A) by striking ‘‘or any proceeds of such funds’’; and 

130 

(B) by striking ‘‘were provided or collected’’ and inserting ‘‘are to be provided or collected, or knowing that the 

funds were provided or collected,’’. 

(b) DEFINITIONS.—Section 2339c(e) of title 18, United States 

Code, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (12); 

(2) by redesignating paragraph (13) as paragraph (14); and 

(3) by inserting after paragraph (12) the following: 

‘‘(13) the term ‘material support or resources’ has the same 

meaning given that term in section 2339B(g)(4) of this title; 

and’’. 

Subtitle H—Stop Terrorist and Military 

Hoaxes Act of 2004 

SEC. 6701. SHORT TITLE. 

This subtitle may be cited as the ‘‘Stop Terrorist and Military 

Hoaxes Act of 2004’’. 

SEC. 6702. HOAXES AND RECOVERY COSTS. 

(a) PROHIBITION ON HOAXES.—Chapter 47 of title 18, United 

States Code, is amended by inserting after section 1037 the following: 

‘‘§ 1038. False information and hoaxes 

‘‘(a) CRIMINAL VIOLATION.— 

‘‘(1) IN GENERAL.—Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed 

and where such information indicates that an activity has 

taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, 

section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), 

or section 46502, the second sentence of section 46504, section 

46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall— 

‘‘(A) be fined under this title or imprisoned not more 

than 5 years, or both; 

‘‘(B) if serious bodily injury results, be fined under this 

title or imprisoned not more than 20 years, or both; and 

‘‘(C) if death results, be fined under this title or imprisoned for any number of years up to life, or both. 

‘‘(2) ARMED FORCES.—Any person who makes a false statement, with intent to convey false or misleading information, 

about the death, injury, capture, or disappearance of a member 

of the Armed Forces of the United States during a war or 

armed conflict in which the United States is engaged— 

‘‘(A) shall be fined under this title, imprisoned not 

more than 5 years, or both; 

‘‘(B) if serious bodily injury results, shall be fined 

under this title, imprisoned not more than 20 years, or 

both; and 

‘‘(C) if death results, shall be fined under this title, imprisoned for any number of years or for life, or both. 

131 

‘‘(b) CIVIL ACTION.—Whoever engages in any conduct with intent to convey false or misleading information under circumstances 

where such information may reasonably be believed and where such 

information indicates that an activity has taken, is taking, or will 

take place that would constitute a violation of chapter 2, 10, 11B, 

39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505 (b)(3) or (c), section 46506 if 

homicide or attempted homicide is involved, or section 60123(b) of 

title 49 is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct, 

for those expenses. 

‘‘(c) REIMBURSEMENT.— 

‘‘(1) IN GENERAL.—The court, in imposing a sentence on a 

defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any state or 

local government, or private not-for-profit organization that 

provides fire or rescue service incurring expenses incident to any 

emergency or investigative response to that conduct, for those 

expenses. 

‘‘(2) LIABILITY.—A person ordered to make reimbursement 

under this subsection shall be jointly and severally liable for 

such expenses with each other person, if any, who is ordered to 

make reimbursement under this subsection for the same expenses. 

‘‘(3) CIVIL JUDGMENT.—An order of reimbursement under 

this subsection shall, for the purposes of enforcement, be treated 

as a civil judgment. 

‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This section does not 

prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a 

State, or political subdivision of a State, or of an intelligence agency 

of the United States.’’. 

(b) CLERICAL AMENDMENT.—The table of sections as the beginning of chapter 47 of title 18, United States Code, is amended by 

adding after the item for section 1037 the following: 

‘‘1038. False information and hoaxes.’’. 

SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN 

TERRORISM CASES. 

(a) ENHANCED PENALTY.—Section 1001(a) and the third undesignated paragraph of section 1505 of title 18, United States Code, 

are amended by striking ‘‘be fined under this title or imprisoned not 

more than 5 years, or both’’ and inserting ‘‘be fined under this title, 

imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both’’. 

(b) SENTENCING GUIDELINES.—Not later than 30 days of the enactment of this section, the United States Sentencing Commission 

shall amend the Sentencing Guidelines to provide for an increased 

offense level for an offense under sections 1001(a) and 1505 of title 

18, United States Code, if the offense involves international or domestic terrorism, as defined in section 2331 of such title. 

SEC. 6704. CLARIFICATION OF DEFINITION. 

Section 1958 of title 18, United States Code, is amended— 

132 

(1) in subsection (a), by striking ‘‘facility in’’ and inserting 

‘‘facility of’’; and 

(2) in subsection (b)(2), by inserting ‘‘or foreign’’ after ‘‘interstate’’. 

Subtitle I—Weapons of Mass Destruction 

Prohibition Improvement Act of 2004 

SEC. 6801. SHORT TITLE. 

This subtitle may be cited as the ‘‘Weapons of Mass Destruction 

Prohibition Improvement Act of 2004’’. 

SEC. 6802. WEAPONS OF MASS DESTRUCTION. 

(a) EXPANSION OF JURISDICTIONAL BASES AND SCOPE.—Section 

2332a of title 18, United States Code, is amended— 

(1) so that paragraph (2) of subsection (a) reads as follows: 

‘‘(2) against any person or property within the United 

States, and 

‘‘(A) the mail or any facility of interstate or foreign 

commerce is used in furtherance of the offense; 

‘‘(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign 

commerce; 

‘‘(C) any perpetrator travels in or causes another to 

travel in interstate or foreign commerce in furtherance of 

the offense; or 

‘‘(D) the offense, or the results of the offense, affect 

interstate or foreign commerce, or, in the case of a threat, 

attempt, or conspiracy, would have affected interstate or 

foreign commerce;’’; 

(2) in paragraph (3) of subsection (a), by striking the 

comma at the end and inserting ‘‘; or’’; 

(3) in subsection (a), by adding the following at the end: 

‘‘(4) against any property within the United States that is 

owned, leased, or used by a foreign government,’’; 

(4) at the end of subsection (c)(1), by striking ‘‘and’’; 

(5) in subsection (c)(2), by striking the period at the end 

and inserting ‘‘; and’’; and 

(6) in subsection (c), by adding at the end the following: 

‘‘(3) the term ‘property’ includes all real and personal property.’’. 

(b) RESTORATION OF THE COVERAGE OF CHEMICAL WEAPONS.— 

Section 2332a of title 18, United States Code, as amended by subsection (a), is further amended— 

(1) in the section heading, by striking ‘‘certain’’; 

(2) in subsection (a), by striking ‘‘(other than a chemical 

weapon as that term is defined in section 229F)’’; and 

(3) in subsection (b), by striking ‘‘(other than a chemical 

weapon (as that term is defined in section 229F))’’. 

(c) EXPANSION OF CATEGORIES OF RESTRICTED PERSONS SUBJECT TO PROHIBITIONS RELATING TO SELECT AGENTS.—Section 

175b(d)(2) of title 18, United States Code, is amended— 

(1) in subparagraph (G) by— 

(A) inserting ‘‘(i)’’ after ‘‘(G)’’; 

133 

(B) inserting ‘‘, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or 

official of a country described in this subparagraph’’ after 

‘‘terrorism’’; and 

(C) striking ‘‘or’’ after the semicolon. 

(2) in subparagraph (H) by striking the period and inserting ‘‘; or’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(I) is a member of, acts for or on behalf of, or operates 

subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’. 

(d) CONFORMING AMENDMENT TO REGULATIONS.— 

(1) Section 175b(a)(1) of title 18, United States Code, is 

amended by striking ‘‘as a select agent in Appendix A’’ and all 

that follows and inserting the following: ‘‘as a non-overlap or 

overlap select biological agent or toxin in sections 73.4 and 73.5 

of title 42, Code of Federal Regulations, pursuant to section 

351A of the Public Health Service Act, and is not excluded 

under sections 73.4 and 73.5 or exempted under section 73.6 of 

title 42, Code of Federal Regulations.’’. 

(2) The amendment made by paragraph (1) shall take effect 

at the same time that sections 73.4, 73.5, and 73.6 of title 42, 

Code of Federal Regulations, become effective. 

(e) ENHANCING PROSECUTION OF WEAPONS OF MASS DESTRUCTION OFFENSES.—Section 1961(1)(B) of title 18, United States Code, 

is amended by adding at the end the following: ‘‘sections 175–178 

(relating to biological weapons), sections 229–229F (relating to 

chemical weapons), section 831 (relating to nuclear materials),’’. 

SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION THREATS TO THE UNITED STATES. 

(a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 

2077(b)) is amended by striking ‘‘in the production of any special 

nuclear material’’ and inserting ‘‘or participate in the development 

or production of any special nuclear material’’. 

(b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 

2122) is amended— 

(1) by inserting ‘‘, inside or outside of the United States,’’ 

after ‘‘for any person’’; and 

(2) by inserting ‘‘participate in the development of,’’ after 

‘‘interstate or foreign commerce,’’. 

(c) Title 18, United States Code, is amended— 

(1) in the table of sections at the beginning of chapter 39, 

by inserting after the item relating to section 831 the following: 

‘‘832. Participation in nuclear and weapons of mass destruction threats to the United 

States.’’; 

(2) by inserting after section 831 the following: 

‘‘§ 832. Participation in nuclear and weapons of mass destruction threats to the United States 

‘‘(a) Whoever, within the United States or subject to the jurisdiction of the United States, willfully participates in or knowingly provides material support or resources (as defined in section 2339A) to 

a nuclear weapons program or other weapons of mass destruction 

134 

program of a foreign terrorist power, or attempts or conspires to do 

so, shall be imprisoned for not more than 20 years. 

‘‘(b) There is extraterritorial Federal jurisdiction over an offense 

under this section. 

‘‘(c) Whoever without lawful authority develops, possesses, or attempts or conspires to develop or possess a radiological weapon, or 

threatens to use or uses a radiological weapon against any person 

within the United States, or a national of the United States while 

such national is outside of the United States or against any property that is owned, leased, funded, or used by the United States, 

whether that property is within or outside of the United States, 

shall be imprisoned for any term of years or for life. 

‘‘(d) As used in this section— 

‘‘(1) ‘nuclear weapons program’ means a program or plan 

for the development, acquisition, or production of any nuclear 

weapon or weapons; 

‘‘(2) ‘weapons of mass destruction program’ means a program or plan for the development, acquisition, or production of 

any weapon or weapons of mass destruction (as defined in section 2332a(c)); 

‘‘(3) ‘foreign terrorist power’ means a terrorist organization 

designated under section 219 of the Immigration and Nationality Act, or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 or section 

620A of the Foreign Assistance Act of 1961; and 

‘‘(4) ‘nuclear weapon’ means any weapon that contains or 

uses nuclear material as defined in section 831(f)(1).’’; and 

(3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear 

materials),’’ the following: ‘‘832 (relating to participation in nuclear and weapons of mass destruction threats to the United 

States)’’. 

Subtitle J—Prevention of Terrorist Access 

to Destructive Weapons Act of 2004 

SEC. 6901. SHORT TITLE. 

This subtitle may be cited as the ‘‘Prevention of Terrorist Access 

to Destructive Weapons Act of 2004’’. 

SEC. 6902. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The criminal use of man-portable air defense systems 

(referred to in this section as ‘‘MANPADS’’) presents a serious 

threat to civil aviation worldwide, especially in the hands of 

terrorists or foreign states that harbor them. 

(2) Atomic weapons or weapons designed to release radiation (commonly known as ‘‘dirty bombs’’) could be used by terrorists to inflict enormous loss of life and damage to property 

and the environment. 

(3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes fatal disease. 

Variola virus is classified as a Category A agent by the Centers 

for Disease Control and Prevention, meaning that it is believed 

to pose the greatest potential threat for adverse public health 

impact and has a moderate to high potential for large-scale disVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00134 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
135 

semination. The last case of smallpox in the United States was 

in 1949. The last naturally occurring case in the world was in 

Somalia in 1977. Although smallpox has been officially eradicated after a successful worldwide vaccination program, there 

remain two official repositories of the variola virus for research 

purposes. Because it is so dangerous, the variola virus may appeal to terrorists. 

(4) The use, or even the threatened use, of MANPADS, 

atomic or radiological weapons, or the variola virus, against 

the United States, its allies, or its people, poses a grave risk to 

the security, foreign policy, economy, and environment of the 

United States. Accordingly, the United States has a compelling 

national security interest in preventing unlawful activities that 

lead to the proliferation or spread of such items, including their 

unauthorized production, construction, acquisition, transfer, 

possession, import, or export. All of these activities markedly increase the chances that such items will be obtained by terrorist 

organizations or rogue states, which could use them to attack 

the United States, its allies, or United States nationals or corporations. 

(5) There is no legitimate reason for a private individual or 

company, absent explicit government authorization, to produce, 

construct, otherwise acquire, transfer, receive, possess, import, 

export, or use MANPADS, atomic or radiological weapons, or 

the variola virus. 

(b) PURPOSE.—The purpose of this subtitle is to combat the potential use of weapons that have the ability to cause widespread 

harm to United States persons and the United States economy (and 

that have no legitimate private use) and to threaten or harm the national security or foreign relations of the United States. 

SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT. 

Chapter 113B of title 18, United States Code, is amended by 

adding after section 2332f the following: 

‘‘§ 2332g. Missile systems designed to destroy aircraft 

‘‘(a) UNLAWFUL CONDUCT.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (3), it 

shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, 

possess, import, export, or use, or possess and threaten to use— 

‘‘(A) an explosive or incendiary rocket or missile that is 

guided by any system designed to enable the rocket or missile to— 

‘‘(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating 

an aircraft; or 

‘‘(ii) otherwise direct or guide the rocket or missile 

to an aircraft; 

‘‘(B) any device designed or intended to launch or guide 

a rocket or missile described in subparagraph (A); or 

‘‘(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B). 

136 

‘‘(2) NONWEAPON.—Paragraph (1)(A) does not apply to any 

device that is neither designed nor redesigned for use as a 

weapon. 

‘‘(3) EXCLUDED CONDUCT.—This subsection does not apply 

with respect to— 

‘‘(A) conduct by or under the authority of the United 

States or any department or agency thereof or of a State or 

any department or agency thereof; or 

‘‘(B) conduct pursuant to the terms of a contract with 

the United States or any department or agency thereof or 

with a State or any department or agency thereof. 

‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 

within the jurisdiction of the United States if— 

‘‘(1) the offense occurs in or affects interstate or foreign 

commerce; 

‘‘(2) the offense occurs outside of the United States and is 

committed by a national of the United States; 

‘‘(3) the offense is committed against a national of the 

United States while the national is outside the United States; 

‘‘(4) the offense is committed against any property that is 

owned, leased, or used by the United States or by any department or agency of the United States, whether the property is 

within or outside the United States; or 

‘‘(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense 

under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense 

under this section. 

‘‘(c) CRIMINAL PENALTIES.— ‘‘(1) IN GENERAL.—Any person who violates, or attempts or 

conspires to violate, subsection (a) shall be fined not more than 

$2,000,000 and shall be sentenced to a term of imprisonment 

not less than 25 years or to imprisonment for life. 

‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the 

course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or 

items described in subsection (a), shall be fined not more than 

$2,000,000 and imprisoned for not less than 30 years or imprisoned for life. 

‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection (a), the person shall 

be fined not more than $2,000,000 and punished by imprisonment for life. 

‘‘(d) DEFINITION.—As used in this section, the term ‘aircraft’ has 

the definition set forth in section 40102(a)(6) of title 49, United 

States Code.’’. 

SEC. 6904. ATOMIC WEAPONS. 

(a) PROHIBITIONS.—Section 92 of the Atomic Energy Act of 1954 

(42 U.S.C. 2122) is amended— 

(1) by inserting at the beginning ‘‘a.’’ before ‘‘It’’; 

(2) by inserting ‘‘knowingly’’ after ‘‘for any person to’’; 

(3) by striking ‘‘or’’ before ‘‘export’’; 

(4) by striking ‘‘transfer or receive in interstate or foreign 

commerce,’’ before ‘‘manufacture’’; 

(5) by inserting ‘‘receive,’’ after ‘‘acquire,’’; 

137 

(6) by inserting ‘‘, or use, or possess and threaten to use,’’ 

before ‘‘any atomic weapon’’; and 

(7) by inserting at the end the following: 

‘‘b. Conduct prohibited by subsection a. is within the jurisdiction of the United States if— 

‘‘(1) the offense occurs in or affects interstate or foreign 

commerce; the offense occurs outside of the United States and 

is committed by a national of the United States; 

‘‘(2) the offense is committed against a national of the 

United States while the national is outside the United States; 

‘‘(3) the offense is committed against any property that is 

owned, leased, or used by the United States or by any department or agency of the United States, whether the property is 

within or outside the United States; or 

‘‘(4) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense 

under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense 

under this section.’’. 

(b) VIOLATIONS.—Section 222 of the Atomic Energy Act of 1954 

(42 U.S.C. 2272) is amended by— 

(1) inserting at the beginning ‘‘a.’’ before ‘‘Whoever’’; 

(2) striking ‘‘, 92,’’; and 

(3) inserting at the end the following: 

‘‘b. Any person who violates, or attempts or conspires to violate, 

section 92 shall be fined not more than $2,000,000 and sentenced 

to a term of imprisonment not less than 25 years or to imprisonment 

for life. Any person who, in the course of a violation of section 92, 

uses, attempts or conspires to use, or possesses and threatens to use, 

any atomic weapon shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life. If the 

death of another results from a person’s violation of section 92, the 

person shall be fined not more than $2,000,000 and punished by 

imprisonment for life.’’. 

SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES. 

Chapter 113B of title 18, United States Code, is amended by 

adding after section 2332g the following: 

‘‘§ 2332h. Radiological dispersal devices 

‘‘(a) UNLAWFUL CONDUCT.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it 

shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, 

possess, import, export, or use, or possess and threaten to use— 

‘‘(A) any weapon that is designed or intended to release 

radiation or radioactivity at a level dangerous to human 

life; or 

‘‘(B) or any device or other object that is capable of and 

designed or intended to endanger human life through the 

release of radiation or radioactivity. 

‘‘(2) EXCEPTION.—This subsection does not apply with respect to— 

‘‘(A) conduct by or under the authority of the United 

States or any department or agency thereof; or 

138 

‘‘(B) conduct pursuant to the terms of a contract with 

the United States or any department or agency thereof. 

‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 

within the jurisdiction of the United States if— 

‘‘(1) the offense occurs in or affects interstate or foreign 

commerce; 

‘‘(2) the offense occurs outside of the United States and is 

committed by a national of the United States; 

‘‘(3) the offense is committed against a national of the 

United States while the national is outside the United States; 

‘‘(4) the offense is committed against any property that is 

owned, leased, or used by the United States or by any department or agency of the United States, whether the property is 

within or outside the United States; or 

‘‘(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense 

under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense 

under this section. 

‘‘(c) CRIMINAL PENALTIES.— 

‘‘(1) IN GENERAL.—Any person who violates, or attempts or 

conspires to violate, subsection (a) shall be fined not more than 

$2,000,000 and shall sentenced to a term of imprisonment not 

less than 25 years or to imprisonment for life. 

‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the 

course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or 

items described in subsection (a), shall be fined not more than 

$2,000,000 and imprisoned for not less than 30 years or imprisoned for life. 

‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection (a), the person shall 

be fined not more than $2,000,000 and punished by imprisonment for life.’’. 

SEC. 6906. VARIOLA VIRUS. 

Chapter 10 of title 18, United States Code, is amended by inserting after section 175b the following: 

‘‘§ 175c. Variola virus 

‘‘(a) UNLAWFUL CONDUCT.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it 

shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, 

possess, import, export, or use, or possess and threaten to use, 

variola virus. 

‘‘(2) EXCEPTION.—This subsection does not apply to conduct 

by, or under the authority of, the Secretary of Health and 

Human Services. 

‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 

within the jurisdiction of the United States if— 

‘‘(1) the offense occurs in or affects interstate or foreign 

commerce; 

‘‘(2) the offense occurs outside of the United States and is 

committed by a national of the United States; 

139 

‘‘(3) the offense is committed against a national of the 

United States while the national is outside the United States; 

‘‘(4) the offense is committed against any property that is 

owned, leased, or used by the United States or by any department or agency of the United States, whether the property is 

within or outside the United States; or 

‘‘(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense 

under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense 

under this section. 

‘‘(c) CRIMINAL PENALTIES.— 

‘‘(1) IN GENERAL.—Any person who violates, or attempts or 

conspires to violate, subsection (a) shall be fined not more than 

$2,000,000 and shall be sentenced to a term of imprisonment 

not less than 25 years or to imprisonment for life. 

‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the 

course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or 

items described in subsection (a), shall be fined not more than 

$2,000,000 and imprisoned for not less than 30 years or imprisoned for life. 

‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another results from a person’s violation of subsection (a), the person shall 

be fined not more than $2,000,000 and punished by imprisonment for life. 

‘‘(d) DEFINITION.—As used in this section, the term ‘variola 

virus’ means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent 

of the gene sequence of the variola major virus or the variola minor 

virus.’’. 

SEC. 6907. INTERCEPTION OF COMMUNICATIONS. 

Section 2516(1) of title 18, United States Code, is amended— 

(1) in paragraph (a), by inserting ‘‘2122 and’’ after ‘‘sections’’; 

(2) in paragraph (c), by inserting ‘‘section 175c (relating to 

variola virus),’’ after ‘‘section 175 (relating to biological weapons),’’; and 

(3) in paragraph (q), by inserting ‘‘2332g, 2332h,’’ after 

‘‘2332f,’’. 

SEC. 6908. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18, 

UNITED STATES CODE. 

Section 2332b(g)(5)(B) of title 18, United States Code, is amended— 

(1) in clause (i)— 

(A) by inserting before ‘‘2339 (relating to harboring terrorists)’’ the following: ‘‘2332g (relating to missile systems 

designed to destroy aircraft), 2332h (relating to radiological 

dispersal devices),’’; and 

(B) by inserting ‘‘175c (relating to variola virus),’’ after 

‘‘175 or 175b (relating to biological weapons),’’; and 

(2) in clause (ii)— 

(A) by striking ‘‘section’’ and inserting ‘‘sections 92 (relating to prohibitions governing atomic weapons) or’’; and 

140 

(B) by inserting ‘‘2122 or’’ before ‘‘2284’’. 

SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, 

UNITED STATES CODE. 

Section 1956(c)(7)(D), title 18, United States Code, is amended— 

(1) by inserting after ‘‘section 152 (relating to concealment 

of assets; false oaths and claims; bribery),’’ the following: ‘‘section 175c (relating to the variola virus),’’; 

(2) by inserting after ‘‘section 2332(b) (relating to international terrorist acts transcending national boundaries),’’ the 

following: ‘‘section 2332g (relating to missile systems designed 

to destroy aircraft), section 2332h (relating to radiological dispersal devices),’’; and 

(3) striking ‘‘or’’ after ‘‘any felony violation of the Foreign 

Agents Registration Act of 1938,’’ and after ‘‘any felony violation 

of the Foreign Corrupt Practices Act’’, striking ‘‘;’’ and inserting 

‘‘, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 

2122) (relating to prohibitions governing atomic weapons)’’. 

SEC. 6910. EXPORT LICENSING PROCESS. 

Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 

2778) is amended— 

(1) by striking ‘‘or’’ before ‘‘(xi)’’; and 

(2) by inserting after clause (xi) the following: ‘‘or (xii) section 3, 4, 5, and 6 of the Prevention of Terrorist Access to Destructive Weapons Act of 2004, relating to missile systems designed to destroy aircraft (18 U.S.C. 2332g), prohibitions governing atomic weapons (42 U.S.C. 2122), radiological dispersal 

devices (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175b);’’. 

SEC. 6911. CLERICAL AMENDMENTS. 

(a) CHAPTER 113B.—The table of sections for chapter 113B of 

title 18, United States Code, is amended by inserting the following 

after the item for section 2332f: 

‘‘2332g. Missile systems designed to destroy aircraft. 

‘‘2332h. Radiological dispersal devices.’’. 

(b) CHAPTER 10.—The table of sections for chapter 10 of title 18, 

United States Code, is amended by inserting the following item 

after the item for section 175b: 

‘‘175c. Variola virus.’’. 

Subtitle K—Pretrial Detention of Terrorists 

SEC. 6951. SHORT TITLE. 

This subtitle may be cited as the ‘‘Pretrial Detention of Terrorists Act of 2004’’. 

SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING TERRORISM. 

Section 3142 of title 18, United States Code, is amended— 

(1) in subsection (e)— 

(A) by inserting ‘‘or’’ before ‘‘the Maritime’’; and 

(B) by inserting ‘‘or an offense listed in section 

2332b(g)(5)(B) of title 18, United States Code, for which a 

maximum term of imprisonment of 10 years or more is prescribed’’ after ‘‘or 2332b of this title,’’; and 

141 

(2) in subsections (f)(1)(A) and (g)(1), by inserting ‘‘, or an 

offense listed in section 2332b(g)(5)(B) for which a maximum 

term of imprisonment of 10 years or more is prescribed’’ after 

‘‘violence’’ each place such term appears. 

TITLE VII—IMPLEMENTATION OF 9/11 

COMMISSION RECOMMENDATIONS 

SEC. 7001. SHORT TITLE. 

This title may be cited as the ‘‘9/11 Commission Implementation Act of 2004’’. 

Subtitle A—Diplomacy, Foreign Aid, and 

the Military in the War on Terrorism 

SEC. 7101. FINDINGS. 

Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: 

(1) Long-term success in the war on terrorism demands the 

use of all elements of national power, including diplomacy, 

military action, intelligence, covert action, law enforcement, economic policy, foreign aid, public diplomacy, and homeland defense. 

(2) To win the war on terrorism, the United States must assign to economic and diplomatic capabilities the same strategic 

priority that is assigned to military capabilities. 

(3) The legislative and executive branches of the Government of the United States must commit to robust, long-term investments in all of the tools necessary for the foreign policy of 

the United States to successfully accomplish the goals of the 

United States. 

(4) The investments referred to in paragraph (3) will require increased funding to United States foreign affairs programs in general, and to priority areas as described in this title 

in particular. 

SEC. 7102. TERRORIST SANCTUARIES. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) Complex terrorist operations require locations that provide such operations sanctuary from interference by Government or law enforcement personnel. 

(2) A terrorist sanctuary existed in Afghanistan before September 11, 2001. 

(3) The terrorist sanctuary in Afghanistan provided direct 

and indirect value to members of al Qaeda who participated in 

the terrorist attacks on the United States on September 11, 

2001, and in other terrorist operations. 

(4) Terrorist organizations have fled to some of the least 

governed and most lawless places in the world to find sanctuary. 

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(5) During the 21st century, terrorists are often focusing on 

remote regions and failing states as locations to seek sanctuary. 

(b) SENSE OF CONGRESS ON UNITED STATES POLICY ON TERRORIST SANCTUARIES.—It is the sense of Congress that it should be 

the policy of the United States— 

(1) to identify foreign countries that are being used as terrorist sanctuaries; 

(2) to assess current United States resources and tools 

being used to assist foreign governments to eliminate such sanctuaries; 

(3) to develop and implement a coordinated strategy to prevent terrorists from using such foreign countries as sanctuaries; 

and 

(4) to work in bilateral and multilateral fora to elicit the 

cooperation needed to identify and address terrorist sanctuaries 

that may exist today, but, so far, remain unknown to governments. 

(c) AMENDMENTS TO EXISTING LAW TO INCLUDE TERRORIST

SANCTUARIES.— 

(1) IN GENERAL.—Section 6(j) of the Export Administration 

Act of 1979 (50 U.S.C. App. 2405(j)) is amended— 

(A) by redesignating paragraph (5) as paragraph (6); 

and 

(B) by inserting after paragraph (4) the following: 

‘‘(5)(A) As used in paragraph (1), the term ‘repeatedly provided support for acts of international terrorism’ shall include 

the recurring use of any part of the territory of the country as 

a sanctuary for terrorists or terrorist organizations. 

‘‘(B) In this paragraph— 

‘‘(i) the term ‘territory of a country’ means the land, waters, and airspace of the country; and 

‘‘(ii) the term ‘sanctuary’ means an area in the territory 

of a country— 

‘‘(I) that is used by a terrorist or terrorist organization— 

‘‘(aa) to carry out terrorist activities, including 

training, financing, and recruitment; or 

‘‘(bb) as a transit point; and 

‘‘(II) the government of which expressly consents to, 

or with knowledge, allows, tolerates, or disregards such 

use of its territory.’’. 

(2) RULE OF CONSTRUCTION.—Nothing in this subsection or 

the amendments made by this subsection shall be construed as 

affecting any determination made by the Secretary of State pursuant to section 6(j) of the Export Administration Act of 1979 

with respect to a country prior to the date of enactment of this 

Act. 

(3) IMPLEMENTATION.—The President shall implement the 

amendments made by paragraph (1) by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 

(d) AMENDMENTS TO GLOBAL PATTERNS OF TERRORISM REPORT.— 

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(1) IN GENERAL.—Section 140(a)(1) of the Foreign Relations 

Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

2656f(a)(1)) is amended— 

(A) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’; 

(B) by redesignating subparagraphs (A) through (C) as 

clauses (i) through (iii), respectively; 

(C) in subparagraph (A)(iii) (as redesignated), by adding ‘‘and’’ at the end; and 

(D) by adding at the end the following: 

‘‘(B) detailed assessments with respect to each foreign 

country whose territory is being used as a sanctuary for terrorists or terrorist organizations;’’. 

(2) CONTENTS.—Section 140(b) of such Act (22 U.S.C. 

2656f(b)) is amended— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection 

(a)(1)(A)’’; and 

(ii) by striking ‘‘and’’ at the end; 

(B) by redesignating paragraph (2) as paragraph (3); 

(C) by inserting after paragraph (1) the following: 

‘‘(2) with respect to subsection (a)(1)(B)— 

‘‘(A) the extent of knowledge by the government of the 

country with respect to terrorist activities in the territory of 

the country; and 

‘‘(B) the actions by the country— 

‘‘(i) to eliminate each terrorist sanctuary in the territory of the country; 

‘‘(ii) to cooperate with United States antiterrorism 

efforts; and 

‘‘(iii) to prevent the proliferation of and trafficking 

in weapons of mass destruction in and through the territory of the country;’’; 

(D) in paragraph (3), as redesignated, by striking the 

period at the end and inserting a semicolon; and 

(E) by inserting after paragraph (3) the following: 

‘‘(4) a strategy for addressing, and where possible eliminating, terrorist sanctuaries that shall include— 

‘‘(A) a description of terrorist sanctuaries, together with 

an assessment of the priorities of addressing and eliminating such sanctuaries; 

‘‘(B) an outline of strategies for disrupting or eliminating the security provided to terrorists by such sanctuaries; 

‘‘(C) a description of efforts by the United States to 

work with other countries in bilateral and multilateral fora 

to address or eliminate terrorist sanctuaries and disrupt or 

eliminate the security provided to terrorists by such sanctuaries; and 

‘‘(D) a description of long-term goals and actions designed to reduce the conditions that allow the formation of 

terrorist sanctuaries; and 

‘‘(5) an update of the information contained in the report 

required to be transmitted to Congress under 7119(b) of the 

9/11 Commission Implementation Act of 2004.’’. 

144 

(3) DEFINITIONS.—Section 140(d) of the Foreign Relations 

Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

2656f(d)) is amended— 

(A) in paragraph (2), by striking ‘‘and’’ at the end; 

(B) in paragraph (3), by striking the period at the end 

and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(4) the terms ‘territory’ and ‘territory of the country’ mean 

the land, waters, and airspace of the country; and 

‘‘(5) the terms ‘terrorist sanctuary’ and ‘sanctuary’ mean an 

area in the territory of the country— 

‘‘(A) that is used by a terrorist or terrorist organization— 

‘‘(i) to carry out terrorist activities, including training, fundraising, financing, and recruitment; or 

‘‘(ii) as a transit point; and 

‘‘(B) the government of which expressly consents to, or 

with knowledge, allows, tolerates, or disregards such use of 

its territory and is not subject to a determination under— 

‘‘(i) section 6(j)(1)(A) of the Export Administration 

Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)); 

‘‘(ii) section 620A(a) of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2371(a)); or 

‘‘(iii) section 40(d) of the Arms Export Control Act 

(22 U.S.C. 2780(d)).’’. 

(4) EFFECTIVE DATE.—The amendments made by this subsection apply with respect to the report required to be transmitted under section 140 of the Foreign Relations Authorization 

Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), by April 30, 

2006, and by April 30 of each subsequent year. 

SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) The Government of Pakistan has a critical role to perform in the struggle against terrorism. 

(2) Due to its location, topography, social conditions, and 

other factors, Pakistan can be attractive to extremists seeking 

refuge or opportunities to recruit or train, or a place from which 

to operate against Coalition Forces in Afghanistan. 

(3) A stable Pakistan, with a moderate, responsible government that serves as a voice of tolerance in the Muslim world, 

is critical to stability in the region. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

United States should— 

(1) help to ensure a promising, stable, and secure future for 

Pakistan over the long term; 

(2) provide a comprehensive program of assistance to encourage and enable Pakistan— 

(A) to continue and improve upon its commitment to 

combating extremists; 

(B) to seek to resolve any outstanding difficulties with 

its neighbors and other countries in its region; 

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(C) to continue to make efforts to fully control its territory and borders; 

(D) to progress toward becoming a more effective and 

participatory democracy; 

(E) to participate more vigorously in the global marketplace and to continue to modernize its economy; 

(F) to take all necessary steps to halt the spread of 

weapons of mass destruction; 

(G) to improve and expand access to education for all 

citizens; and 

(H) to increase the number and level of exchanges between the Pakistani people and the American people; and 

(3) continue to provide assistance to Pakistan at not less 

than the overall levels requested by the President for fiscal year 

2005. 

(c) EXTENSION OF PAKISTAN WAIVERS.—The Act entitled ‘‘An 

Act to authorize the President to exercise waivers of foreign assistance restrictions with respect to Pakistan through September 30, 

2003, and for other purposes’’, approved October 27, 2001 (Public 

Law 107–57; 115 Stat. 403), as amended by section 2213 of the 

Emergency Supplemental Appropriations Act for Defense and for the 

Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–106; 

117 Stat. 1232), is further amended— 

(1) in section 1(b)— 

(A) in the heading, by striking ‘‘FISCAL YEAR 2004’’ 

and inserting ‘‘FISCAL YEARS 2005 and 2006’’; and 

(B) in paragraph (1), by striking ‘‘2004’’ and inserting 

‘‘2005 or 2006’’; 

(2) in section 3(2), by striking ‘‘and 2004,’’ and inserting 

‘‘2004, 2005, and 2006’’; and 

(3) in section 6, by striking ‘‘2004’’ and inserting ‘‘2006’’. 

SEC. 7104. ASSISTANCE FOR AFGHANISTAN. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Afghanistan Freedom Support Act Amendments of 2004’’. 

(b) COORDINATION OF ASSISTANCE.— 

(1) FINDINGS.—Consistent with the report of the National 

Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: 

(A) The United States and its allies in the international community have made progress in promoting economic and political reform within Afghanistan, including 

the establishment of a central government with a democratic constitution, a new currency, and a new army, the 

increase of personal freedom, and the elevation of the 

standard of living of many Afghans. 

(B) A number of significant obstacles must be overcome 

if Afghanistan is to become a secure and prosperous democracy, and such a transition depends in particular upon— 

(i) improving security throughout the country; 

(ii) disarming and demobilizing militias; 

(iii) curtailing the rule of the warlords; 

(iv) promoting equitable economic development; 

(v) protecting the human rights of the people of Afghanistan; 

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(vi) continuing to hold elections for public officials; 

and 

(vii) ending the cultivation, production, and trafficking of narcotics. 

(C) The United States and the international community must make a long-term commitment to addressing the 

unstable security situation in Afghanistan and the burgeoning narcotics trade, endemic poverty, and other serious 

problems in Afghanistan in order to prevent that country 

from relapsing into a sanctuary for international terrorism. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States Government should take, with respect to Afghanistan, the following actions: 

(A) Work with other nations to obtain long-term security, political, and financial commitments and fulfillment 

of pledges to the Government of Afghanistan to accomplish 

the objectives of the Afghanistan Freedom Support Act of 

2002 (22 U.S.C. 7501 et seq.), especially to ensure a secure, 

democratic, and prosperous Afghanistan that respects the 

rights of its citizens and is free of international terrorist organizations. 

(B) Use the voice and vote of the United States in relevant international organizations, including the North Atlantic Treaty Organization and the United Nations Security Council, to strengthen international commitments to 

assist the Government of Afghanistan in enhancing security, building national police and military forces, increasing counter-narcotics efforts, and expanding infrastructure 

and public services throughout the country. 

(C) Take appropriate steps to increase the assistance 

provided under programs of the Department of State and 

the United States Agency for International Development 

throughout Afghanistan and to increase the number of personnel of those agencies in Afghanistan as necessary to support the increased assistance. 

(c) COORDINATOR FOR ASSISTANCE.— (1) FINDINGS.—Congress makes the following findings: 

(A) The Final Report of the National Commission on 

Terrorist Attacks Upon the United States criticized the provision of United States assistance to Afghanistan for being 

too inflexible. 

(B) The Afghanistan Freedom Support Act of 2002 (22 

U.S.C. 7501 et seq.) contains provisions that provide for 

flexibility in the provision of assistance for Afghanistan 

and are not subject to the requirements of typical foreign 

assistance programs and provide for the designation of a 

coordinator to oversee United States assistance for Afghanistan. 

(2) DESIGNATION OF COORDINATOR.—Section 104(a) of the 

Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a)) 

is amended in the matter preceding paragraph (1) by striking 

‘‘is strongly urged to’’ and inserting ‘‘shall’’. 

(d) ASSISTANCE PLAN; INTERNATIONAL COORDINATION.—Section 

104 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 

7514) is amended by adding at the end the following: 

147 

‘‘(c) ASSISTANCE PLAN.— ‘‘(1) SUBMISSION TO CONGRESS.—The coordinator designated under subsection (a) shall annually submit the Afghanistan assistance plan of the Administration to— 

‘‘(A) the Committee on Foreign Relations of the Senate; 

‘‘(B) the Committee on International Relations of the 

House of Representatives; 

‘‘(C) the Committee on Appropriations of the Senate; 

and 

‘‘(D) the Committee on Appropriations of the House of 

Representatives. 

‘‘(2) CONTENTS.—The assistance plan submitted under 

paragraph (1) shall describe— 

‘‘(A) how the plan relates to the strategy provided pursuant to section 304; and 

‘‘(B) how the plan builds upon United States assistance 

provided to Afghanistan since 2001. 

‘‘(d) COORDINATION WITH INTERNATIONAL COMMUNITY.— ‘‘(1) IN GENERAL.—The coordinator designated under subsection (a) shall work with the international community and the 

Government of Afghanistan to ensure that assistance to Afghanistan is implemented in a coherent, consistent, and efficient 

manner to prevent duplication and waste. 

‘‘(2) INTERNATIONAL FINANCIAL INSTITUTIONS.—The coordinator designated under subsection (a), under the direction of 

the Secretary of State, shall work through the Secretary of the 

Treasury and the United States Executive Directors at the international financial institutions (as defined in section 1701(c)(2) 

of the International Financial Institutions Act (22 U.S.C. 

262r(c)(2))) to coordinate United States assistance for Afghanistan with international financial institutions. 

(e) GENERAL PROVISIONS RELATING TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002.— 

(1) ASSISTANCE TO PROMOTE ECONOMIC, POLITICAL AND SOCIAL DEVELOPMENT.— (A) DECLARATION OF POLICY.—Congress reaffirms the 

authorities contained in title I of the Afghanistan Freedom 

Support Act of 2002 (22 U.S.C. 7501 et seq.), relating to 

economic and democratic development assistance for Afghanistan. 

(B) PROVISION OF ASSISTANCE.—Section 103(a) of such 

Act (22 U.S.C. 7513(a)) is amended in the matter preceding 

paragraph (1) by striking ‘‘section 512 of Public Law 107– 

115 or any other similar’’ and inserting ‘‘any other’’. 

(2) DECLARATIONS OF GENERAL POLICY.—Congress makes 

the following declarations: 

(A) The United States reaffirms the support that it and 

other countries expressed for the report entitled ‘‘Securing 

Afghanistan’s Future’’ in their Berlin Declaration of April 

2004. The United States should help enable the growth 

needed to create an economically sustainable Afghanistan 

capable of the poverty reduction and social development 

foreseen in the report. 

(B) The United States supports the parliamentary elections to be held in Afghanistan by April 2005 and will help 

148 

ensure that such elections are not undermined, including 

by warlords or narcotics traffickers. 

(C) The United States continues to urge North Atlantic 

Treaty Organization members and other friendly countries 

to make much greater military contributions toward securing the peace in Afghanistan. 

(3) FORM OF REPORTS.—Section 304 of the Afghanistan 

Freedom Support Act of 2002 (22 U.S.C. 7554) is amended— 

(A) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary’’; 

(B) by striking ‘‘The first report’’ and inserting the following: 

‘‘(b) DEADLINE FOR SUBMISSION.—The first report’’; and 

(C) by adding at the end the following: 

‘‘(c) FORM OF REPORTS.—Any report or other matter that is required to be submitted to Congress (including a committee of Congress) by this Act may contain a classified annex.’’. 

(4) LONG-TERM STRATEGY.— 

(A) STRATEGY.—Title III of the Afghanistan Freedom 

Support Act of 2002 (22 U.S.C. 7551 et seq.) is amended by 

adding at the end the following: 

‘‘SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN. 

‘‘(a) STRATEGY.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this section, the President shall formulate a 5- 

year strategy for Afghanistan and submit such strategy to— 

‘‘(A) the Committee on Foreign Relations of the Senate; 

‘‘(B) the Committee on International Relations of the 

House of Representatives; 

‘‘(C) the Committee on Appropriations of the Senate; 

and 

‘‘(D) the Committee on Appropriations of the House of 

Representatives. 

‘‘(2) CONTENTS.—The strategy formulated under paragraph 

(1) shall include specific and measurable goals for addressing 

the long-term development and security needs of Afghanistan, 

including sectors such as agriculture and irrigation, parliamentary and democratic development, the judicial system and rule 

of law, human rights, education, health, telecommunications, 

electricity, women’s rights, counternarcotics, police, border security, anti-corruption, and other law-enforcement activities, as 

well as the anticipated costs and time frames associated with 

achieving those goals. 

‘‘(b) MONITORING.— 

‘‘(1) ANNUAL REPORT.—The President shall transmit on an 

annual basis through 2010 a report describing the progress 

made toward the implementation of the strategy required by 

subsection (a) and any changes to the strategy since the date of 

the submission of the last report to— 

‘‘(A) the Committee on Foreign Relations of the Senate; 

‘‘(B) the Committee on International Relations of the 

House of Representatives; 

149 

‘‘(C) the Committee on Appropriations of the Senate; 

and 

‘‘(D) the Committee on Appropriations of the House of 

Representatives.’’. 

(B) CLERICAL AMENDMENT.—The table of contents for 

such Act (22 U.S.C. 7501 note) is amended by adding after 

the item relating to section 303 the following new item: 

‘‘Sec. 305. Formulation of long-term strategy for Afghanistan.’’. 

(f) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.— 

(1) DECLARATION OF POLICY.—Congress declares that, although Afghanistan has adopted a new constitution and made 

progress on primary education, the United States must invest 

in a concerted effort in Afghanistan to improve the rule of law, 

good governance, and effective policing, to accelerate work on 

secondary and university education systems, and to establish 

new initiatives to increase the capacity of civil society. 

(2) AMENDMENT.—Section 103(a)(5) of the Afghanistan 

Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)) is amended 

to read as follows: 

‘‘(5) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.— 

‘‘(A) EDUCATION.—To assist in the development of the 

capacity of the Government of Afghanistan to provide education to the people of Afghanistan, including assistance 

such as— 

‘‘(i) support for an educated citizenry through improved access to basic education, with particular emphasis on basic education for children, especially orphans; 

‘‘(ii) programs to enable the Government of Afghanistan to recruit and train teachers, with special 

focus on the recruitment and training of female teachers; 

‘‘(iii) programs to enable the Government of Afghanistan to develop school curricula that incorporate 

relevant information such as landmine awareness, food 

security and agricultural education, civic education, 

and human rights education, including education relating to religious freedom; 

‘‘(iv) programs to construct, renovate, or rebuild, 

and to equip and provide teacher training, for primary 

schools, secondary schools, and universities; and 

‘‘(v) programs to increase educational exchanges 

and partnerships between the United States and Afghanistan. 

‘‘(B) RULE OF LAW.—To assist in the development of the 

rule of law and good governance and reduced corruption in 

Afghanistan, including assistance such as— 

‘‘(i) support for the activities of the Government of 

Afghanistan to implement its constitution, to develop 

modern legal codes and court rules, to provide for the 

creation of legal assistance programs, and other initiatives to promote the rule of law in Afghanistan; 

‘‘(ii) support for improvements in the capacity and 

physical infrastructure of the justice system in AfghaniVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00149 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
150 

stan, such as for professional training (including for 

women) to improve the administration of justice, for 

programs to enhance prosecutorial and judicial capabilities and to protect participants in judicial cases, for 

improvements in the instruction of law enforcement 

personnel (including human rights training), and for 

the promotion of civilian police roles that support democracy; 

‘‘(iii) support for rehabilitation and rebuilding of 

courthouses and detention facilities; 

‘‘(iv) support for the effective administration of justice at the national, regional, and local levels, including programs to improve penal institutions and the rehabilitation of prisoners, and to establish a responsible 

and community-based police force; 

‘‘(v) support to increase the transparency, accountability, and participatory nature of governmental institutions, including programs designed to combat corruption and other programs for the promotion of good 

governance, such as the development of regulations relating to financial disclosure for public officials, political parties, and candidates for public office, and 

transparent budgeting processes and financial management systems; 

‘‘(vi) support for establishment of a central bank 

and central budgeting authority; 

‘‘(vii) support for international organizations that 

provide civil advisers to the Government of Afghanistan; and 

‘‘(viii) support for Afghan and international efforts 

to investigate human rights atrocities committed in Afghanistan by the Taliban regime, opponents of such regime, and terrorist groups operating in Afghanistan, 

including the collection of forensic evidence relating to 

such atrocities. 

‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the 

development of democratic institutions in Afghanistan, including assistance for— 

‘‘(i) international monitoring and observing of, and 

the promotion of, free and fair elections; 

‘‘(ii) strengthening democratic political parties; 

‘‘(iii) international exchanges and professional 

training for members or officials of government, political, and civic or other nongovernmental entities; 

‘‘(iv) national, regional, and local elections and political party development; 

‘‘(v) an independent media; 

‘‘(vi) programs that support the expanded participation of women and members of all ethnic groups in 

government at national, regional, and local levels; and 

‘‘(vii) programs to strengthen civil society organizations that promote human rights, including religious 

freedom, freedom of expression, and freedom of association, and support human rights monitoring. 

151 

‘‘(D) PROTECTION OF SITES.—To provide for the protection of Afghanistan’s culture, history, and national identity, 

including the rehabilitation of Afghanistan’s museums and 

sites of cultural significance.’’. 

(3) CONFORMING AMENDMENT.—Section 103(a)(4) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(4)) 

is amended— 

(A) in subparagraph (K), by striking ‘‘and’’ at the end; 

(B) in subparagraph (L), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(M) assistance in identifying and surveying key road 

and rail routes that are essential for economic renewal in 

Afghanistan and the region and support for the establishment of a customs service and training for customs officers.’’. 

(g) MONITORING OF ASSISTANCE FOR AFGHANISTAN.—Section 

103 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 

7513), is amended by adding at the end the following: 

‘‘(d) MONITORING OF ASSISTANCE FOR AFGHANISTAN.— 

‘‘(1) REPORT.— ‘‘(A) IN GENERAL.—The Secretary of State, in consultation with the Administrator for the United States Agency 

for International Development, shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report on the obligations of United States assistance for Afghanistan from all United States Government 

departments and agencies. 

‘‘(B) CONTENTS.—Each such report shall set forth, for 

the preceding annual period and cumulatively, a description of— 

‘‘(i) the activities and the purposes for which funds 

were obligated; 

‘‘(ii) the source of the funds stated specifically by 

fiscal year, agency, and program; 

‘‘(iii) the participation of each United States Government department or agency; and 

‘‘(iv) such other information as the Secretary considers appropriate to fully inform Congress on such 

matters. 

‘‘(C) ADDITIONAL REQUIREMENTS.—The first report submitted under this paragraph shall include a cumulative account of information described in subparagraph (B) from 

all prior periods beginning with fiscal year 2001. The first 

report under this paragraph shall be submitted not later 

than March 15, 2005. Subsequent reports shall be submitted every 12 months thereafter and may be included in 

the report required under section 206(c)(2). 

‘‘(2) SUBMISSION OF INFORMATION FOR REPORT.—The head 

of each United States Government agency referred to in paragraph (1) shall provide on a timely basis to the Secretary of 

State such information as the Secretary may reasonably require 

to allow the Secretary to prepare and submit the report required 

under paragraph (1).’’. 

152 

(h) UNITED STATES POLICY TO SUPPORT DISARMAMENT OF PRIVATE MILITIAS AND EXPANSION OF INTERNATIONAL PEACEKEEPING

AND SECURITY OPERATIONS IN AFGHANISTAN.— 

(1) UNITED STATES POLICY RELATING TO DISARMAMENT OF

PRIVATE MILITIAS.— 

(A) IN GENERAL.—It shall be the policy of the United 

States to take immediate steps to provide active support for 

the disarmament, demobilization, and reintegration of 

armed soldiers, particularly child soldiers, in Afghanistan, 

in close consultation with the President of Afghanistan. 

(B) REPORT.—The report required under section 

206(c)(2) of the Afghanistan Freedom Support Act of 2002 

(22 U.S.C. 7536(c)(2)) shall include a description of the 

progress to implement paragraph (1). 

(2) INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS.—Section 206 of such Act (22 U.S.C. 7536) is amended 

by adding at the end the following: 

‘‘(e) UNITED STATES POLICY RELATING TO INTERNATIONAL

PEACEKEEPING AND SECURITY OPERATIONS.—It shall be the policy of 

the United States to make every effort to support the expansion of 

international peacekeeping and security operations in Afghanistan 

in order to— 

‘‘(1) increase the area in which security is provided and undertake vital tasks related to promoting security, such as disarming warlords, militias, and irregulars, and disrupting 

opium production; and 

‘‘(2) safeguard highways in order to allow the free flow of 

commerce and to allow material assistance to the people of Afghanistan, and aid personnel in Afghanistan, to move more 

freely.’’. 

(i) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND

SECURITY OPERATIONS IN AFGHANISTAN.—Section 206(d)(1) of the 

Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1)) is 

amended to read as follows: 

‘‘(1) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING

AND SECURITY OPERATIONS IN AFGHANISTAN.— 

‘‘(A) EFFORTS.—The President shall encourage, and, as 

authorized by law, enable other countries to actively participate in expanded international peacekeeping and security operations in Afghanistan, especially through the provision of military personnel for extended periods of time. 

‘‘(B) REPORTS.—The President shall prepare and transmit a report on the efforts carried out pursuant to subparagraph (A) to the Committee on Foreign Relations of the 

Senate and the Committee on International Relations of the 

House of Representatives. The first report under this subparagraph shall be transmitted not later than 60 days after 

the date of the enactment of the Afghanistan Freedom Support Act Amendments of 2004 and subsequent reports shall 

be transmitted every 6 months thereafter and may be included in the report required by subsection (c)(2).’’. 

(j) PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN

AFGHANISTAN.— 

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(1) AUTHORIZATION OF ASSISTANCE.—Section 103(a)(3)(A) of 

the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 

7513(a)(3)(A)) is amended— 

(A) in clause (i), by striking ‘‘establish crop substitution 

programs,’’ and inserting ‘‘promote alternatives to poppy 

cultivation, including the introduction of high value crops 

that are suitable for export and the provision of appropriate 

technical assistance and credit mechanisms for farmers,’’; 

(B) in clause (ii), by inserting before the semicolon at 

the end the following: ‘‘, and to create special counternarcotics courts, prosecutors, and places of incarceration’’; 

(C) in clause (iii), by inserting before the semicolon at 

the end the following: ‘‘, in particular, notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2420), by providing non-lethal equipment, training (including training in internationally recognized standards of 

human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy), and 

payments, during fiscal years 2005 through 2008, for salaries for special counternarcotics police and supporting 

units’’; 

(D) in clause (iv), by striking ‘‘and’’ at the end; 

(E) in clause (v), by striking the period at the end and 

inserting ‘‘; and’’; and 

(F) by adding after clause (v) the following: 

‘‘(vi) assist the Afghan National Army with respect 

to any of the activities under this paragraph.’’. 

(2) SENSE OF CONGRESS AND REPORT.—Title II of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7531 et seq.) 

is amended— 

(A) by redesignating sections 207 and 208 as sections 

208 and 209, respectively; and 

(B) by inserting after section 206 the following: 

‘‘SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTERDRUG EFFORTS IN AFGHANISTAN. 

‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

‘‘(1) the President should make the substantial reduction of 

illegal drug production and trafficking in Afghanistan a priority in the Global War on Terrorism; 

‘‘(2) the Secretary of Defense, in coordination with the Secretary of State and the heads of other appropriate Federal agencies, should expand cooperation with the Government of Afghanistan and international organizations involved in counterdrug activities to assist in providing a secure environment for 

counter-drug personnel in Afghanistan; and 

‘‘(3) the United States, in conjunction with the Government 

of Afghanistan and coalition partners, should undertake additional efforts to reduce illegal drug trafficking and related activities that provide financial support for terrorist organizations 

in Afghanistan and neighboring countries. 

‘‘(b) REPORT REQUIRED.—(1) The Secretary of Defense and the 

Secretary of State shall jointly prepare a report that describes— 

‘‘(A) the progress made toward substantially reducing 

poppy cultivation and heroin production capabilities in Afghanistan; and 

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‘‘(B) the extent to which profits from illegal drug activity in 

Afghanistan are used to financially support terrorist organizations and groups seeking to undermine the Government of Afghanistan. 

‘‘(2) The report required by this subsection shall be submitted 

to Congress not later than 120 days after the date of the enactment 

of the 9/11 Recommendations Implementation Act.’’. 

(3) CLERICAL AMENDMENT.—The table of contents for such 

Act (22 U.S.C. 7501 note) is amended by striking the items relating to sections 207 and 208 and inserting the following: 

‘‘Sec. 207. Sense of Congress and report regarding counter-drug efforts in Afghanistan. 

‘‘Sec. 208. Relationship to other authority. 

‘‘Sec. 209. Authorization of appropriations.’’. 

(k) ADDITIONAL AMENDMENTS TO AFGHANISTAN FREEDOM SUP- PORT ACT OF 2002.— 

(1) EXTENSION OF REPORTS ON IMPLEMENTATION OF STRAT- EGY.—Section 206(c)(2) of the Afghanistan Freedom Support 

Act of 2002 (22 U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph (A) by striking ‘‘2007’’ and inserting 

‘‘2010’’. 

(2) TECHNICAL AMENDMENT.—Section 103(a)(7)(A)(xii) of 

such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is amended by striking 

‘‘National’’ and inserting ‘‘Afghan Independent’’. 

(l) REPEAL OF PROHIBITION ON ASSISTANCE.—Section 620D of 

the Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating to prohibition on assistance to Afghanistan) is repealed. 

(m) AUTHORIZATION OF APPROPRIATIONS.—Section 108(a) of the 

Afghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a)) is 

amended by striking ‘‘$1,825,000,000 for fiscal year 2004’’ and all 

that follows and inserting ‘‘such sums as may be necessary for each 

of the fiscal years 2005 and 2006.’’. 

SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND 

SAUDI ARABIA. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) Despite a long history of friendly relations with the 

United States, there have been problems in cooperation between 

the United States and Saudi Arabia. 

(2) The Government of Saudi Arabia has not always responded promptly or fully to United States requests for assistance in the global war on Islamist terrorism. 

(3) The Government of Saudi Arabia has not done all it 

can to prevent financial or other support from being provided 

to, or reaching, extremist organizations in Saudi Arabia or 

other countries. 

(4) Counterterrorism cooperation between the Governments 

of the United States and Saudi Arabia has improved significantly since the terrorist bombing attacks in Riyadh, Saudi 

Arabia, on May 12, 2003, and the Government of Saudi Arabia 

is now pursuing al Qaeda and other terror groups operating inside Saudi Arabia. 

(5) The United States must enhance its cooperation and 

strong relationship with Saudi Arabia based upon a shared 

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and public commitment to political and economic reform, greater tolerance and respect for religious and cultural diversity and 

joint efforts to prevent funding for and support of extremist organizations in Saudi Arabia and elsewhere. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that there 

should be a more robust dialogue between the people and Government of the United States and the people and Government of Saudi 

Arabia in order to improve the relationship between the United 

States and Saudi Arabia. 

SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) While support for the United States has plummeted in 

the Islamic world, many negative views are uninformed, at best, 

and, at worst, are informed by coarse stereotypes and caricatures. 

(2) Local newspapers in countries with predominantly Muslim populations and influential broadcasters who reach Muslim 

audiences through satellite television often reinforce the idea 

that the people and Government of the United States are antiMuslim. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Government of the United States should offer an example of moral leadership in the world that includes a commitment to treat all people humanely, abide by the rule of law, and 

be generous to the people and governments of other countries; 

(2) the United States should cooperate with governments of 

countries with predominantly Muslim populations to foster 

agreement on respect for human dignity and opportunity, and 

to offer a vision of a better future that includes stressing life 

over death, individual educational and economic opportunity, 

widespread political participation, contempt for violence, respect 

for the rule of law, openness in discussing differences, and tolerance for opposing points of view; 

(3) the United States should encourage reform, freedom, democracy, and opportunity for Muslims; and 

(4) the United States should work to defeat extremism in 

all its form, especially in nations with predominantly Muslim 

populations by providing assistance to governments, non-governmental organizations, and individuals who promote modernization. 

SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS. 

(a) FINDING.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

finds that short-term gains enjoyed by the United States through cooperation with repressive dictatorships have often been outweighed 

by long-term setbacks for the stature and interests of the United 

States. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) United States foreign policy should promote the importance of individual educational and economic opportunity, encourage widespread political participation, condemn violence, 

and promote respect for the rule of law, openness in discussing 

156 

differences among people, and tolerance for opposing points of 

view; and 

(2) the United States Government must encourage the governments of all countries with predominantly Muslim populations, including those that are friends and allies of the United 

States, to promote the value of life and the importance of individual education and economic opportunity, encourage widespread political participation, condemn violence and promote 

the rule of law, openness in discussing differences among people, and tolerance for opposing points of view. 

SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES. 

(a) PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST MEDIA.— 

(1) FINDINGS.—Consistent with the report of the National 

Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: 

(A) Although the United States has demonstrated and 

promoted its values in defending Muslims against tyrants 

and criminals in Somalia, Bosnia, Kosovo, Afghanistan, 

and Iraq, this message is neither convincingly presented 

nor widely understood. 

(B) If the United States does not act to vigorously define its message in countries with predominantly Muslim 

populations, the image of the United States will be defined 

by Islamic extremists who seek to demonize the United 

States. 

(C) Recognizing that many Muslim audiences rely on 

satellite television and radio, the United States Government 

has launched promising initiatives in television and radio 

broadcasting to the Islamic world, including Iran and Afghanistan. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that— 

(A) the United States must do more to defend and promote its values and ideals to the broadest possible audience 

in countries with predominantly Muslim populations; 

(B) United States efforts to defend and promote these 

values and ideals are beginning to ensure that accurate expressions of these values reach large Muslim audiences and 

should be robustly supported; 

(C) the United States Government could and should do 

more to engage Muslim audiences in the struggle of ideas; 

and 

(D) the United States Government should more intensively employ existing broadcast media in the Islamic world 

as part of this engagement. 

(b) ENHANCING FREE AND INDEPENDENT MEDIA.— 

(1) FINDINGS.—Congress makes the following findings: 

(A) Freedom of speech and freedom of the press are 

fundamental human rights. 

(B) The United States has a national interest in promoting these freedoms by supporting free media abroad, 

which is essential to the development of free and democratic societies consistent with our own. 

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(C) Free media is undermined, endangered, or nonexistent in many repressive and transitional societies 

around the world, including in Eurasia, Africa, and the 

Middle East. 

(D) Individuals lacking access to a plurality of free 

media are vulnerable to misinformation and propaganda 

and are potentially more likely to adopt anti-United States 

views. 

(E) Foreign governments have a responsibility to actively and publicly discourage and rebut unprofessional 

and unethical media while respecting journalistic integrity 

and editorial independence. 

(2) STATEMENT OF POLICY.—It shall be the policy of the 

United States, acting through the Secretary of State, to— 

(A) ensure that the promotion of freedom of the press 

and freedom of media worldwide is a priority of United 

States foreign policy and an integral component of United 

States public diplomacy; 

(B) respect the journalistic integrity and editorial independence of free media worldwide; and 

(C) ensure that widely accepted standards for professional and ethical journalistic and editorial practices are 

employed when assessing international media. 

(c) ESTABLISHMENT OF MEDIA NETWORK.— (1) GRANTS FOR ESTABLISHMENT OF NETWORK.—The Secretary of State shall, utilizing amounts authorized to be appropriated by subsection (e)(2), make grants to the National Endowment for Democracy (NED) under the National Endowment 

for Democracy Act (22 U.S.C. 4411 et seq.) for utilization by the 

Endowment to provide funding to a private sector group to establish and manage a free and independent media network as 

specified in paragraph (2). 

(2) MEDIA NETWORK.—The media network established using 

funds under paragraph (1) shall provide an effective forum to 

convene a broad range of individuals, organizations, and governmental participants involved in journalistic activities and 

the development of free and independent media in order to— 

(A) fund a clearinghouse to collect and share information concerning international media development and 

training; 

(B) improve research in the field of media assistance 

and program evaluation to better inform decisions regarding funding and program design for government and private donors; 

(C) explore the most appropriate use of existing means 

to more effectively encourage the involvement of the private 

sector in the field of media assistance; and 

(D) identify effective methods for the development of a 

free and independent media in societies in transition. 

(d) AUTHORIZATIONS OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated 

for each of fiscal years 2005 and 2006, unless otherwise authorized by Congress, such sums as may be necessary to carry out 

United States Government broadcasting activities consistent 

with this section under the United States Information and EduVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00157 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
158 

cational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the 

United States International Broadcasting Act of 1994 (22 

U.S.C. 6201 et seq.), and the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6501 et seq.), and to carry 

out other activities under this section consistent with the purposes of such Acts, unless otherwise authorized by Congress. 

(2) GRANTS FOR MEDIA NETWORK.—In addition to the 

amounts authorized to be appropriated under paragraph (1), 

there are authorized to be appropriated for each of fiscal years 

2005 and 2006, unless otherwise authorized by Congress, such 

sums as may be necessary for grants under subsection (c)(1) for 

the establishment of the media network described in subsection 

(c)(2). 

SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE. 

(a) IN GENERAL.—The State Department Basic Authorities Act 

of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting after section 59 the following new section: 

‘‘SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE. 

‘‘(a) INTEGRAL COMPONENT.—The Secretary of State shall make 

public diplomacy an integral component in the planning and execution of United States foreign policy. 

‘‘(b) COORDINATION AND DEVELOPMENT OF STRATEGY.—The Secretary shall make every effort to— 

‘‘(1) coordinate, subject to the direction of the President, the 

public diplomacy activities of Federal agencies; and 

‘‘(2) coordinate with the Broadcasting Board of Governors 

to— 

‘‘(A) develop a comprehensive and coherent strategy for 

the use of public diplomacy resources; and 

‘‘(B) develop and articulate long-term measurable objectives for United States public diplomacy. 

‘‘(c) OBJECTIVES.—The strategy developed pursuant to subsection (b) shall include public diplomacy efforts targeting developed 

and developing countries and select and general audiences, using 

appropriate media to properly explain the foreign policy of the 

United States to the governments and populations of such countries, 

with the objectives of increasing support for United States policies 

and providing news and information. The Secretary shall, through 

the most effective mechanisms, counter misinformation and propaganda concerning the United States. The Secretary shall continue to 

articulate the importance of freedom, democracy, and human rights 

as fundamental principles underlying United States foreign policy 

goals. 

‘‘(d) IDENTIFICATION OF UNITED STATES FOREIGN ASSISTANCE.—In cooperation with the United States Agency for International Development (USAID) and other public and private assistance organizations and agencies, the Secretary should ensure that 

information relating to foreign assistance provided by the United 

States, nongovernmental organizations, and private entities of the 

United States is disseminated widely, and particularly, to the extent 

practicable, within countries and regions that receive such assistance. The Secretary should ensure that, to the extent practicable, 

projects funded by USAID not involving commodities, including 

159 

projects implemented by private voluntary organizations, are identified as provided by the people of the United States.’’. 

(b) FUNCTIONS OF THE UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.— 

(1) AMENDMENT.—Section 1(b)(3) of such Act (22 U.S.C. 

2651a(b)(3)) is amended by adding at the end the following new 

sentence: ‘‘The Under Secretary for Public Diplomacy shall— 

‘‘(A) prepare an annual strategic plan for public diplomacy in collaboration with overseas posts and in consultation with the regional and functional bureaus of the Department; 

‘‘(B) ensure the design and implementation of appropriate program evaluation methodologies; 

‘‘(C) provide guidance to Department personnel in the 

United States and overseas who conduct or implement public diplomacy policies, programs, and activities; 

‘‘(D) assist the United States Agency for International 

Development and the Broadcasting Board of Governors to 

present the policies of the United States clearly and effectively; and 

‘‘(E) submit statements of United States policy and editorial material to the Broadcasting Board of Governors for 

broadcast consideration.’’. 

(2) CONSULTATION.—The Under Secretary of State for Public Diplomacy, in carrying out the responsibilities described in 

section 1(b)(3) of such Act (as amended by paragraph (1)), shall 

consult with public diplomacy officers operating at United 

States overseas posts and in the regional bureaus of the Department of State. 

SEC. 7110. PUBLIC DIPLOMACY TRAINING. 

(a) STATEMENT OF POLICY.—The following should be the policy 

of the United States: 

(1) The Foreign Service should recruit individuals with expertise and professional experience in public diplomacy. 

(2) United States chiefs of mission should have a prominent 

role in the formulation of public diplomacy strategies for the 

countries and regions to which they are assigned and should be 

accountable for the operation and success of public diplomacy 

efforts at their posts. 

(3) Initial and subsequent training of Foreign Service officers should be enhanced to include information and training on 

public diplomacy and the tools and technology of mass communication. 

(b) PERSONNEL.— 

(1) QUALIFICATIONS.—In the recruitment, training, and assignment of members of the Foreign Service, the Secretary of 

State— 

(A) should emphasize the importance of public diplomacy and applicable skills and techniques; 

(B) should consider the priority recruitment into the 

Foreign Service, including at middle-level entry, of individuals with expertise and professional experience in public diplomacy, mass communications, or journalism; and 

160 

(C) shall give special consideration to individuals with 

language facility and experience in particular countries 

and regions. 

(2) LANGUAGES OF SPECIAL INTEREST.—The Secretary of 

State shall seek to increase the number of Foreign Service officers proficient in languages spoken in countries with predominantly Muslim populations. Such increase should be accomplished through the recruitment of new officers and incentives 

for officers in service. 

(c) PUBLIC DIPLOMACY SUGGESTED FOR PROMOTION IN FOREIGN

SERVICE.—Section 603(b) of the Foreign Service Act of 1980 (22 

U.S.C. 4003(b)) is amended by adding at the end the following: 

‘‘The precepts for selection boards shall include, whether the member of the Service or the member of the Senior Foreign Service, as 

the case may be, has demonstrated— 

(1) a willingness and ability to explain United States policies in person and through the media when occupying positions 

for which such willingness and ability is, to any degree, an element of the member’s duties, or 

(2) other experience in public diplomacy. 

SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL ORGANIZATIONS. 

(a) SUPPORT AND EXPANSION OF DEMOCRACY CAUCUS.— (1) IN GENERAL.—The President, acting through the Secretary of State and the relevant United States chiefs of mission, 

should— 

(A) continue to strongly support and seek to expand the 

work of the democracy caucus at the United Nations General Assembly and the United Nations Human Rights Commission; and 

(B) seek to establish a democracy caucus at the United 

Nations Conference on Disarmament and at other broadbased international organizations. 

(2) PURPOSES OF THE CAUCUS.—A democracy caucus at an 

international organization should— 

(A) forge common positions, including, as appropriate, 

at the ministerial level, on matters of concern before the organization and work within and across regional lines to 

promote agreed positions; 

(B) work to revise an increasingly outmoded system of 

membership selection, regional voting, and decisionmaking; 

and 

(C) establish a rotational leadership agreement to provide member countries an opportunity, for a set period of 

time, to serve as the designated president of the caucus, responsible for serving as its voice in each organization. 

(b) LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS.—The President, acting through the Secretary of State, the 

relevant United States chiefs of mission, and, where appropriate, 

the Secretary of the Treasury, should use the voice, vote, and influence of the United States to— 

(1) where appropriate, reform the criteria for leadership 

and, in appropriate cases, for membership, at all United Nations bodies and at other international organizations and multilateral institutions to which the United States is a member so 

161 

as to exclude countries that violate the principles of the specific 

organization; 

(2) make it a policy of the United Nations and other international organizations and multilateral institutions of which 

the United States is a member that a member country may not 

stand in nomination for membership or in nomination or in rotation for a significant leadership position in such bodies if the 

member country is subject to sanctions imposed by the United 

Nations Security Council; and 

(3) work to ensure that no member country stand in nomination for membership, or in nomination or in rotation for a 

significant leadership position in such organizations, or for 

membership on the United Nations Security Council, if the government of the member country has been determined by the Secretary of State to have repeatedly provided support for acts of 

international terrorism. 

(c) INCREASED TRAINING IN MULTILATERAL DIPLOMACY.— 

(1) STATEMENT OF POLICY.—It shall be the policy of the 

United States that training courses should be established for 

Foreign Service Officers and civil service employees of the State 

Department, including appropriate chiefs of mission, on the 

conduct of multilateral diplomacy, including the conduct of negotiations at international organizations and multilateral institutions, negotiating skills that are required at multilateral settings, coalition-building techniques, and lessons learned from 

previous United States multilateral negotiations. 

(2) PERSONNEL.— (A) IN GENERAL.—The Secretary shall ensure that the 

training described in paragraph (1) is provided at various 

stages of the career of members of the Service. 

(B) ACTIONS OF THE SECRETARY.—The Secretary shall 

ensure that— 

(i) officers of the Service receive training on the 

conduct of diplomacy at international organizations 

and other multilateral institutions and at broad-based 

multilateral negotiations of international instruments 

as part of their training upon entry into the Service; 

and 

(ii) officers of the Service, including chiefs of mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C., to positions that have as 

their primary responsibility formulation of policy toward such organizations and institutions or toward 

participation in broad-based multilateral negotiations 

of international instruments, receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving 

such training at that time is not practical, within the 

first year of beginning such assignment. 

(3) TRAINING FOR CIVIL SERVICE EMPLOYEES.—The Secretary shall ensure that employees of the Department of State 

who are members of the civil service and who are assigned to 

positions described in paragraph (2) receive training described 

162 

in paragraph (1) prior to the beginning of service for such assignment or, if receiving such training at such time is not practical, within the first year of beginning such assignment. 

SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE ISLAMIC WORLD. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) Exchange, scholarship, and library programs are effective ways for the United States Government to promote internationally the values and ideals of the United States. 

(2) Exchange, scholarship, and library programs can expose 

young people from other countries to United States values and 

offer them knowledge and hope. 

(b) DECLARATION OF POLICY.—Consistent with the report of the 

National Commission on Terrorist Attacks Upon the United States, 

Congress declares that— 

(1) the United States should commit to a long-term and 

sustainable investment in promoting engagement with people of 

all levels of society in countries with predominantly Muslim 

populations, particularly with youth and those who influence 

youth; 

(2) such an investment should make use of the talents and 

resources in the private sector and should include programs to 

increase the number of people who can be exposed to the United 

States and its fundamental ideas and values in order to dispel 

misconceptions; and 

(3) such programs should include youth exchange programs, young ambassadors programs, international visitor programs, academic and cultural exchange programs, American 

Corner programs, library programs, journalist exchange programs, sister city programs, and other programs related to people-to-people diplomacy. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that the 

United States should significantly increase its investment in the 

people-to-people programs described in subsection (b). 

(d) AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL EXCHANGES.—The President is authorized to substantially expand the 

exchange, scholarship, and library programs of the United States, 

especially such programs that benefit people in the Muslim world. 

(e) AVAILABILITY OF FUNDS.—Of the amounts authorized to be 

appropriated in each of the fiscal years 2005 and 2006 for educational and cultural exchange programs, there shall be available 

to the Secretary of State such sums as may be necessary to carry 

out programs under this section, unless otherwise authorized by 

Congress. 

SEC. 7112. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) During the 2003–2004 school year, the Office of Overseas Schools of the Department of State is financially assisting 

189 elementary and secondary schools in foreign countries. 

(2) United States-sponsored elementary and secondary 

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163 

nantly Muslim populations in the Near East, Africa, South 

Asia, Central Asia, and East Asia. 

(3) United States-sponsored elementary and secondary 

schools provide an American-style education in English, with 

curricula that typically include an emphasis on the development of critical thinking and analytical skills. 

(b) STATEMENT OF POLICY.—The United States has an interest 

in increasing the level of financial support provided to United 

States-sponsored elementary and secondary schools in countries 

with predominantly Muslim populations in order to— 

(1) increase the number of students in such countries who 

attend such schools; 

(2) increase the number of young people who may thereby 

gain at any early age an appreciation for the culture, society, 

and history of the United States; and 

(3) increase the number of young people who may thereby 

improve their proficiency in the English language. 

(c) PILOT PROGRAM.—The Secretary of State, acting through the 

Director of the Office of Overseas Schools of the Department of 

State, may conduct a pilot program to make grants to United 

States-sponsored elementary and secondary schools in countries 

with predominantly Muslim populations for the purpose of providing full or partial merit-based scholarships to students from 

lower-income and middle-income families of such countries to attend such schools. 

(d) DETERMINATION OF ELIGIBLE STUDENTS.—For purposes of 

the pilot program, a United States-sponsored elementary and secondary school that receives a grant under the pilot program may establish criteria to be implemented by such school to determine what 

constitutes lower-income and middle-income families in the country 

(or region of the country, if regional variations in income levels in 

the country are significant) in which such school is located. 

(e) RESTRICTION ON USE OF FUNDS.—Amounts appropriated to 

the Secretary of State pursuant to the authorization of appropriations in subsection (h) shall be used for the sole purpose of making 

grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State or 

for any other activity of the Office. 

(f) VOLUNTARY PARTICIPATION.—Nothing in this section shall be 

construed to require participation in the pilot program by a United 

States-sponsored elementary or secondary school in a predominantly 

Muslim country. 

(g) REPORT.—Not later than April 15, 2006, the Secretary of 

State shall submit to the Committee on International Relations of 

the House of Representatives and the Committee on Foreign Relations of the Senate a report on the pilot program. The report shall 

assess the success of the program, examine any obstacles encountered in its implementation, and address whether it should be continued, and if so, provide recommendations to increase its effectiveness. 

(h) FUNDING.—There are authorized to be appropriated to the 

Secretary of State for each of the fiscal years 2005 and 2006, unless 

otherwise authorized by Congress, such sums as necessary to implement the pilot program under this section. 

164 

SEC. 7113. INTERNATIONAL YOUTH OPPORTUNITY FUND. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) Education that teaches tolerance, the dignity and value 

of each individual, and respect for different beliefs is a key element in any global strategy to eliminate terrorism. 

(2) Education in the Middle East about the world outside 

that region is weak. 

(3) The United Nations has rightly equated literacy with 

freedom. 

(4) The international community is moving toward setting 

a concrete goal of reducing by half the illiteracy rate in the 

Middle East by 2010, through the implementation of education 

programs targeting women and girls and programs for adult 

literacy, and by other means. 

(5) To be effective, efforts to improve education in the Middle East must also include— 

(A) support for the provision of basic education tools, 

such as textbooks that translate more of the world’s knowledge into local languages and local libraries to house such 

materials; and 

(B) more vocational education in trades and business 

skills. 

(6) The Middle East can benefit from some of the same programs to bridge the digital divide that already have been developed for other regions of the world. 

(b) INTERNATIONAL YOUTH OPPORTUNITY FUND.— 

(1) ESTABLISHMENT.—The Secretary of State is authorized 

to establish through an existing international organization, 

such as the United Nations Educational, Science and Cultural 

Organization (UNESCO) or other similar body, an International Youth Opportunity Fund to provide financial assistance for the improvement of public education in the Middle 

East and other countries of strategic interest with predominantly Muslim populations. 

(2) INTERNATIONAL PARTICIPATION.—The Secretary should 

seek the cooperation of the international community in establishing and generously supporting the Fund. 

SEC. 7114. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) While terrorism is not caused by poverty, breeding 

grounds for terrorism are created by backward economic policies and repressive political regimes. 

(2) Policies that support economic development and reform 

also have political implications, as economic and political liberties are often linked. 

(3) The United States is working toward creating a Middle 

East Free Trade Area by 2013 and implementing a free trade 

agreement with Bahrain, and free trade agreements exist between the United States and Israel and the United States and 

Jordan. 

165 

(4) Existing and proposed free trade agreements between 

the United States and countries with predominantly Muslim 

populations are drawing interest from other countries in the 

Middle East region, and countries with predominantly Muslim 

populations can become full participants in the rules-based 

global trading system, as the United States considers lowering 

its barriers to trade. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) a comprehensive United States strategy to counter terrorism should include economic policies that encourage development, open societies, and opportunities for people to improve the 

lives of their families and to enhance prospects for their children’s future; 

(2) one element of such a strategy should encompass the 

lowering of trade barriers with the poorest countries that have 

a significant population of Muslim individuals; 

(3) another element of such a strategy should encompass 

United States efforts to promote economic reform in countries 

that have a significant population of Muslim individuals, including efforts to integrate such countries into the global trading system; and 

(4) given the importance of the rule of law in promoting 

economic development and attracting investment, the United 

States should devote an increased proportion of its assistance to 

countries in the Middle East to the promotion of the rule of law. 

SEC. 7115. MIDDLE EAST PARTNERSHIP INITIATIVE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for each of fiscal years 2005 and 2006, (unless 

otherwise authorized by Congress) such sums as may be necessary 

for the Middle East Partnership Initiative. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that, given 

the importance of the rule of law and economic reform to development in the Middle East, a significant portion of the funds authorized to be appropriated under subsection (a) should be made available to promote the rule of law in the Middle East. 

SEC. 7116. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING 

TERRORISM. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) Almost every aspect of the counterterrorism strategy of 

the United States relies on international cooperation. 

(2) Since September 11, 2001, the number and scope of 

United States Government contacts with foreign governments 

concerning counterterrorism have expanded significantly, but 

such contacts have often been ad hoc and not integrated as a 

comprehensive and unified approach to counterterrorism. 

(b) IN GENERAL.—The Secretary of State is authorized in consultation with relevant United States Government agencies, to negotiate on a bilateral or multilateral basis, as appropriate, international agreements under which parties to an agreement work in 

partnership to address and interdict acts of international terrorism. 

(c) INTERNATIONAL CONTACT GROUP ON COUNTERTERRORISM.— 

166 

(1) SENSE OF CONGRESS.—It is the sense of Congress that 

the President— 

(A) should seek to engage the leaders of the governments of other countries in a process of advancing beyond 

separate and uncoordinated national counterterrorism 

strategies to develop with those other governments a comprehensive multilateral strategy to fight terrorism; and 

(B) to that end, should seek to establish an international counterterrorism policy contact group with the 

leaders of governments providing leadership in global 

counterterrorism efforts and governments of countries with 

sizable Muslim populations, to be used as a ready and 

flexible international means for discussing and coordinating the development of important counterterrorism policies by the participating governments. 

(2) AUTHORITY.—The President is authorized to establish 

an international counterterrorism policy contact group with the 

leaders of governments referred to in paragraph (1) for the following purposes: 

(A) To meet annually, or more frequently as the President determines appropriate, to develop in common with 

such other governments important policies and a strategy 

that address the various components of international prosecution of the war on terrorism, including policies and a 

strategy that address military issues, law enforcement, the 

collection, analysis, and dissemination of intelligence, 

issues relating to interdiction of travel by terrorists, 

counterterrorism-related customs issues, financial issues, 

and issues relating to terrorist sanctuaries. 

(B) To address, to the extent (if any) that the President 

and leaders of other participating governments determine 

appropriate, long-term issues that can contribute to 

strengthening stability and security in the Middle East. 

SEC. 7117. FINANCING OF TERRORISM. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) The death or capture of several important financial 

facilitators has decreased the amount of money available to al 

Qaeda, and has made it more difficult for al Qaeda to raise 

and move money. 

(2) The capture of al Qaeda financial facilitators has provided a windfall of intelligence that can be used to continue the 

cycle of disruption. 

(3) The United States Government has rightly recognized 

that information about terrorist money helps in understanding 

terror networks, searching them out, and disrupting their operations. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) a critical weapon in the effort to stop terrorist financing 

should be the targeting of terrorist financial facilitators by intelligence and law enforcement agencies; and 

(2) efforts to track terrorist financing must be paramount 

in United States counterterrorism efforts. 

167 

SEC. 7118. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS. 

(a) PERIOD OF DESIGNATION.—Section 219(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘Subject to paragraphs (5) and (6), a’’ 

and inserting ‘‘A’’; and 

(B) by striking ‘‘for a period of 2 years beginning on the 

effective date of the designation under paragraph (2)(B)’’ 

and inserting ‘‘until revoked under paragraph (5) or (6) or 

set aside pursuant to subsection (c)’’; 

(2) by striking subparagraph (B) and inserting the following: 

‘‘(B) REVIEW OF DESIGNATION UPON PETITION.— 

‘‘(i) IN GENERAL.—The Secretary shall review the 

designation of a foreign terrorist organization under 

the procedures set forth in clauses (iii) and (iv) if the 

designated organization files a petition for revocation 

within the petition period described in clause (ii). 

‘‘(ii) PETITION PERIOD.—For purposes of clause 

(i)— 

‘‘(I) if the designated organization has not previously filed a petition for revocation under this 

subparagraph, the petition period begins 2 years 

after the date on which the designation was made; 

or 

‘‘(II) if the designated organization has previously filed a petition for revocation under this 

subparagraph, the petition period begins 2 years 

after the date of the determination made under 

clause (iv) on that petition. 

‘‘(iii) PROCEDURES.—Any foreign terrorist organization that submits a petition for revocation under this 

subparagraph must provide evidence in that petition 

that the relevant circumstances described in paragraph 

(1) are sufficiently different from the circumstances 

that were the basis for the designation such that a revocation with respect to the organization is warranted. 

‘‘(iv) DETERMINATION.— 

‘‘(I) IN GENERAL.—Not later than 180 days 

after receiving a petition for revocation submitted 

under this subparagraph, the Secretary shall make 

a determination as to such revocation. 

‘‘(II) CLASSIFIED INFORMATION.—The Secretary 

may consider classified information in making a 

determination in response to a petition for revocation. Classified information shall not be subject to 

disclosure for such time as it remains classified, 

except that such information may be disclosed to a 

court ex parte and in camera for purposes of judicial review under subsection (c). 

‘‘(III) PUBLICATION OF DETERMINATION.—A determination made by the Secretary under this 

clause shall be published in the Federal Register. 

168 

‘‘(IV) PROCEDURES.—Any revocation by the 

Secretary shall be made in accordance with paragraph (6).’’; and 

(3) by adding at the end the following: 

‘‘(C) OTHER REVIEW OF DESIGNATION.— 

‘‘(i) IN GENERAL.—If in a 5-year period no review 

has taken place under subparagraph (B), the Secretary 

shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6). 

‘‘(ii) PROCEDURES.—If a review does not take place 

pursuant to subparagraph (B) in response to a petition 

for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures 

shall not be reviewable in any court. 

‘‘(iii) PUBLICATION OF RESULTS OF REVIEW.—The 

Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.’’. 

(b) ALIASES.—Section 219 of the Immigration and Nationality 

Act (8 U.S.C. 1189) is amended— 

(1) by redesignating subsections (b) and (c) as subsections 

(c) and (d), respectively; and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) AMENDMENTS TO A DESIGNATION.— 

‘‘(1) IN GENERAL.—The Secretary may amend a designation 

under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and 

then reconstituted itself under a different name or names, or 

merged with another organization. 

‘‘(2) PROCEDURE.—Amendments made to a designation in 

accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such 

publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of 

subsection (a) shall also apply to an amended designation. 

‘‘(3) ADMINISTRATIVE RECORD.—The administrative record 

shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. 

‘‘(4) CLASSIFIED INFORMATION.—The Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not 

be subject to disclosure for such time as it remains classified, 

except that such information may be disclosed to a court ex 

parte and in camera for purposes of judicial review under subsection (c).’’. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 219 of 

the Immigration and Nationality Act (8 U.S.C. 1189) is amended— 

(1) in subsection (a)— 

(A) in paragraph (3)(B), by striking ‘‘subsection (b)’’ 

and inserting ‘‘subsection (c)’’; 

(B) in paragraph (6)(A)— 

169 

(i) in the matter preceding clause (i), by striking 

‘‘or a redesignation made under paragraph (4)(B)’’ and 

inserting ‘‘at any time, and shall revoke a designation 

upon completion of a review conducted pursuant to 

subparagraphs (B) and (C) of paragraph (4)’’; and 

(ii) in clause (i), by striking ‘‘or redesignation’’; 

(C) in paragraph (7), by striking ‘‘, or the revocation of 

a redesignation under paragraph (6),’’; and 

(D) in paragraph (8)— 

(i) by striking ‘‘, or if a redesignation under this 

subsection has become effective under paragraph 

(4)(B),’’; and 

(ii) by striking ‘‘or redesignation’’; and 

(2) in subsection (c), as so redesignated— 

(A) in paragraph (1), by striking ‘‘of the designation in 

the Federal Register,’’ and all that follows through ‘‘review 

of the designation’’ and inserting ‘‘in the Federal Register 

of a designation, an amended designation, or a determination in response to a petition for revocation, the designated 

organization may seek judicial review’’; 

(B) in paragraph (2), by inserting ‘‘, amended designation, or determination in response to a petition for revocation’’ after ‘‘designation’’; 

(C) in paragraph (3), by inserting ‘‘, amended designation, or determination in response to a petition for revocation’’ after ‘‘designation’’; and 

(D) in paragraph (4), by inserting ‘‘, amended designation, or determination in response to a petition for revocation’’ after ‘‘designation’’ each place that term appears. 

(d) SAVINGS PROVISION.—For purposes of applying section 219 

of the Immigration and Nationality Act on or after the date of enactment of this Act, the term ‘‘designation’’, as used in that section, 

includes all redesignations made pursuant to section 219(a)(4)(B) of 

the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior 

to the date of enactment of this Act, and such redesignations shall 

continue to be effective until revoked as provided in paragraph (5) 

or (6) of section 219(a) of the Immigration and Nationality Act (8 

U.S.C. 1189(a)). 

SEC. 7119. REPORT TO CONGRESS. 

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the President shall submit to Congress a report 

on the activities of the Government of the United States to carry out 

the provisions of this subtitle. 

(b) CONTENTS.—The report required under this section shall include the following: 

(1) TERRORIST SANCTUARIES.—A description of the strategy 

of the United States to address and, where possible, eliminate 

terrorist sanctuaries, including— 

(A) a description of the terrorist sanctuaries that exist; 

(B) an outline of strategies, tactics, and tools for disrupting or eliminating the security provided to terrorists by 

such sanctuaries; 

(C) a description of efforts by the United States Government to work with other countries in bilateral and multilateral fora to elicit the cooperation needed to identify and adVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00169 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
170 

dress terrorist sanctuaries that may exist unknown to governments; and 

(D) a description of long-term goals and actions designed to reduce the conditions that allow the formation of 

terrorist sanctuaries, such as supporting and strengthening 

host governments, reducing poverty, increasing economic 

development, strengthening civil society, securing borders, 

strengthening internal security forces, and disrupting logistics and communications networks of terrorist groups. 

(2) SUPPORT FOR PAKISTAN.—A description of a United 

States strategy to engage with Pakistan and to support it over 

the long term, including— 

(A) recommendations on the composition and levels of 

assistance required in future years, with special consideration of the proper balance between security assistance and 

other forms of assistance; 

(B) a description of the composition and levels of assistance, other than security assistance, at present and in 

the recent past, structured to permit a comparison of current and past practice with that recommended for the future; 

(C) measures that could be taken to ensure that all 

forms of foreign assistance to Pakistan have the greatest 

possible long-term positive impact on the welfare of the 

Pakistani people and on the ability of Pakistan to cooperate 

in global efforts against terror; and 

(D) measures that could be taken to alleviate difficulties, misunderstandings, and complications in the relationship between the United States and Pakistan. 

(3) COLLABORATION WITH SAUDI ARABIA.—A description of 

the strategy of the United States for expanding collaboration 

with the Government of Saudi Arabia on subjects of mutual interest and of importance, including a description of— 

(A) steps that could usefully be taken to institutionalize 

and make more transparent government to government relationships between the United States and Saudi Arabia, 

including the utility of undertaking periodic, formal, and 

visible high-level dialogues between government officials of 

both countries to address challenges in the relationship between the 2 governments and to identify areas and mechanisms for cooperation; 

(B) intelligence and security cooperation between the 

United States and Saudi Arabia in the fight against 

Islamist terrorism; 

(C) ways to increase the contribution of Saudi Arabia 

to the stability of the Middle East and the Islamic world, 

particularly to the Middle East peace process, by eliminating support from or within Saudi Arabia for extremist 

groups or tendencies; 

(D) political and economic reform in Saudi Arabia and 

throughout the Islamic world; 

(E) ways to promote greater tolerance and respect for 

cultural and religious diversity in Saudi Arabia and 

throughout the Islamic world; and 

171 

(F) ways to assist the Government of Saudi Arabia in 

reversing the impact of any financial, moral, intellectual, or 

other support provided in the past from Saudi sources to 

extremist groups in Saudi Arabia and other countries, and 

to prevent this support from continuing in the future. 

(4) STRUGGLE OF IDEAS IN THE ISLAMIC WORLD.—A description of a cohesive, long-term strategy of the United States to 

help win the struggle of ideas in the Islamic world, including 

the following: 

(A) A description of specific goals related to winning 

this struggle of ideas. 

(B) A description of the range of tools available to the 

United States Government to accomplish such goals and 

the manner in which such tools will be employed. 

(C) A list of benchmarks for measuring success and a 

plan for linking resources to the accomplishment of such 

goals. 

(D) A description of any additional resources that may 

be necessary to help win this struggle of ideas. 

(E) Any recommendations for the creation of, and 

United States participation in, international institutions 

for the promotion of democracy and economic diversification in the Islamic world, and intraregional trade in the 

Middle East. 

(F) An estimate of the level of United States financial 

assistance that would be sufficient to convince United 

States allies and people in the Islamic world that engaging 

in the struggle of ideas in the Islamic world is a top priority of the United States and that the United States intends to make a substantial and sustained commitment toward winning this struggle. 

(5) OUTREACH THROUGH BROADCAST MEDIA.—A description 

of a cohesive, long-term strategy of the United States to expand 

its outreach to foreign Muslim audiences through broadcast 

media, including the following: 

(A) The initiatives of the Broadcasting Board of Governors with respect to outreach to foreign Muslim audiences. 

(B) An outline of recommended actions that the United 

States Government should take to more regularly and comprehensively present a United States point of view through 

indigenous broadcast media in countries with predominantly Muslim populations, including increasing appearances by United States Government officials, experts, and 

citizens. 

(C) An assessment of the major themes of biased or 

false media coverage of the United States in foreign countries and the actions taken to address this type of media 

coverage. 

(D) An assessment of potential incentives for, and costs 

associated with, encouraging United States broadcasters to 

dub or subtitle into Arabic and other relevant languages 

their news and public affairs programs broadcast in the 

Muslim world in order to present those programs to a 

much broader Muslim audience than is currently reached. 

172 

(E) Any recommendations the President may have for 

additional funding and legislation necessary to achieve the 

objectives of the strategy. 

(6) VISAS FOR PARTICIPANTS IN UNITED STATES PRO- GRAMS.—A description of— 

(A) any recommendations for expediting the issuance of 

visas to individuals who are entering the United States for 

the purpose of participating in a scholarship, exchange, or 

visitor program described in section 7111(b) without compromising the security of the United States; and 

(B) a proposed schedule for implementing any recommendations described in subparagraph (A). 

(7) BASIC EDUCATION IN MUSLIM COUNTRIES.—A description 

of a strategy, that was developed after consultation with nongovernmental organizations and individuals involved in education assistance programs in developing countries, to promote 

free universal basic education in the countries of the Middle 

East and in other countries with predominantly Muslim populations designated by the President. The strategy shall include 

the following elements: 

(A) A description of the manner in which the resources 

of the United States and the international community shall 

be used to help achieve free universal basic education in 

such countries, including— 

(i) efforts of the United States to coordinate an 

international effort; 

(ii) activities of the United States to leverage contributions from members of the Group of Eight or other 

donors; and 

(iii) assistance provided by the United States to leverage contributions from the private sector and civil 

society organizations. 

(B) A description of the efforts of the United States to 

coordinate with other donors to reduce duplication and 

waste at the global and country levels and to ensure efficient coordination among all relevant departments and 

agencies of the Government of the United States. 

(C) A description of the strategy of the United States to 

assist efforts to overcome challenges to achieving free universal basic education in such countries, including strategies to target hard to reach populations to promote education. 

(D) A listing of countries that the President determines 

might be eligible for assistance under the International 

Youth Opportunity Fund described in section 7113(b) and 

related programs. 

(E) A description of the efforts of the United States to 

encourage countries in the Middle East and other countries 

with predominantly Muslim populations designated by the 

President to develop and implement a national education 

plan. 

(F) A description of activities that could be carried out 

as part of the International Youth Opportunity Fund to 

help close the digital divide and expand vocational and 

business skills in such countries. 

173 

(G) An estimate of the funds needed to achieve free universal basic education by 2015 in each country described in 

subparagraph (D), and an estimate of the amount that has 

been expended by the United States and by each such country during the previous fiscal year. 

(H) A description of the United States strategy for garnering programmatic and financial support from countries 

in the Middle East and other countries with predominantly 

Muslim populations designated by the President, international organizations, and other countries that share the 

objectives of the International Youth Opportunity Fund. 

(8) ECONOMIC REFORM.—A description of the efforts of the 

United States Government to encourage development and promote economic reform in countries that have a predominantly 

Muslim population, including a description of— 

(A) efforts to integrate countries with predominantly 

Muslim populations into the global trading system; and 

(B) actions that the United States Government, acting 

alone and in partnership with governments in the Middle 

East, can take to promote intraregional trade and the rule 

of law in the region. 

(c) FORM OF REPORT.—Any report or other matter that is required to be submitted to Congress (including a committee of Congress) under this section may contain a classified annex. 

SEC. 7120. CASE-ZABLOCKI ACT REQUIREMENTS. 

(a) AVAILABILITY OF TREATIES AND INTERNATIONAL AGREEMENTS.—Section 112a of title 1, United States Code, is amended by 

adding at the end the following: 

‘‘(d) The Secretary of State shall make publicly available 

through the Internet website of the Department of State each treaty 

or international agreement proposed to be published in the compilation entitled ‘United States Treaties and Other International Agreements’ not later than 180 days after the date on which the treaty 

or agreement enters into force.’’. 

(b) TRANSMISSION TO CONGRESS.—Section 112b(a) of title 1, 

United States Code, is amended by striking ‘‘Committee on Foreign 

Affairs’’ and inserting ‘‘Committee on International Relations’’. 

(c) REPORT.—Section 112b of title 1, United States Code, is 

amended— 

(1) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; and 

(2) by inserting after subsection (c) the following: 

‘‘(d)(1) The Secretary of State shall annually submit to Congress 

a report that contains an index of all international agreements, listed by country, date, title, and summary of each such agreement (including a description of the duration of activities under the agreement and the agreement itself), that the United States— 

‘‘(A) has signed, proclaimed, or with reference to which any 

other final formality has been executed, or that has been extended or otherwise modified, during the preceding calendar 

year; and 

‘‘(B) has not been published, or is not proposed to be published, in the compilation entitled ‘United States Treaties and 

Other International Agreements’. 

174 

‘‘(2) The report described in paragraph (1) may be submitted in 

classified form.’’. 

(d) DETERMINATION OF INTERNATIONAL AGREEMENT.—Subsection (e) of section 112b of title 1, United States Code, as redesignated, is amended— 

(1) by striking ‘‘(e) The Secretary of State’’ and inserting the 

following: 

‘‘(e)(1) Subject to paragraph (2), the Secretary of State’’; and 

(2) by adding at the end the following: 

‘‘(2)(A) An arrangement shall constitute an international agreement within the meaning of this section (other than subsection (c)) 

irrespective of the duration of activities under the arrangement or 

the arrangement itself. 

‘‘(B) Arrangements that constitute an international agreement 

within the meaning of this section (other than subsection (c)) include the following: 

‘‘(i) A bilateral or multilateral counterterrorism agreement. 

‘‘(ii) A bilateral agreement with a country that is subject to 

a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 

620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2371(a)), or section 40(d) of the Arms Export Control Act (22 

U.S.C. 2780(d)).’’. 

(e) ENFORCEMENT OF REQUIREMENTS.—Section 139(b) of the 

Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 is 

amended to read as follows: 

‘‘(b) EFFECTIVE DATE.—Subsection (a) shall take effect 60 days 

after the date of enactment of the 911 Commission Implementation 

Act of 2004 and shall apply during fiscal years 2005, 2006, and 

2007.’’. 

SEC. 7121. EFFECTIVE DATE. 

Notwithstanding any other provision of this Act, this subtitle 

shall take effect on the date of enactment of this Act. 

Subtitle B—Terrorist Travel and Effective 

Screening 

SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) Travel documents are as important to terrorists as 

weapons since terrorists must travel clandestinely to meet, 

train, plan, case targets, and gain access to attack sites. 

(2) International travel is dangerous for terrorists because 

they must surface to pass through regulated channels, present 

themselves to border security officials, or attempt to circumvent 

inspection points. 

(3) Terrorists use evasive, but detectable, methods to travel, 

such as altered and counterfeit passports and visas, specific 

travel methods and routes, liaisons with corrupt government officials, human smuggling networks, supportive travel agencies, 

and immigration and identity fraud. 

175 

(4) Before September 11, 2001, no Federal agency systematically analyzed terrorist travel strategies. If an agency had 

done so, the agency could have discovered the ways in which 

the terrorist predecessors to al Qaeda had been systematically, 

but detectably, exploiting weaknesses in our border security 

since the early 1990s. 

(5) Many of the hijackers were potentially vulnerable to 

interception by border authorities. Analyzing their characteristic travel documents and travel patterns could have allowed authorities to intercept some of the hijackers and a more 

effective use of information available in government databases 

could have identified some of the hijackers. 

(6) The routine operations of our immigration laws and the 

aspects of those laws not specifically aimed at protecting 

against terrorism inevitably shaped al Qaeda’s planning and 

opportunities. 

(7) New insights into terrorist travel gained since September 11, 2001, have not been adequately integrated into the 

front lines of border security. 

(8) The small classified terrorist travel intelligence collection and analysis program currently in place has produced useful results and should be expanded. 

(b) STRATEGY.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Director of the National 

Counterterrorism Center shall submit to Congress unclassified 

and classified versions of a strategy for combining terrorist 

travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, 

and constrain terrorist mobility domestically and internationally. The report to Congress should include a description of the 

actions taken to implement the strategy and an assessment regarding vulnerabilities within the United States and foreign 

travel systems that may be exploited by international terrorists, 

human smugglers and traffickers, and their facilitators. 

(2) COORDINATION.—The strategy shall be developed in coordination with all relevant Federal agencies. 

(3) CONTENTS.—The strategy may address— 

(A) a program for collecting, analyzing, disseminating, 

and utilizing information and intelligence regarding terrorist travel tactics and methods, and outline which Federal intelligence, diplomatic, and law enforcement agencies 

will be held accountable for implementing each element of 

the strategy; 

(B) the intelligence and law enforcement collection, 

analysis, operations, and reporting required to identify and 

disrupt terrorist travel tactics, practices, patterns, and 

trends, and the terrorist travel facilitators, document forgers, human smugglers, travel agencies, and corrupt border 

and transportation officials who assist terrorists; 

(C) the training and training materials required by 

consular, border, and immigration officials to effectively detect and disrupt terrorist travel described under subsection 

(c)(3); 

176 

(D) the new technology and procedures required and 

actions to be taken to integrate existing counterterrorist 

travel document and mobility intelligence into border security processes, including consular, port of entry, border patrol, maritime, immigration benefits, and related law enforcement activities; 

(E) the actions required to integrate current terrorist 

mobility intelligence into military force protection measures; 

(F) the additional assistance to be given to the interagency Human Smuggling and Trafficking Center for purposes of combatting terrorist travel, including further developing and expanding enforcement and operational capabilities that address terrorist travel; 

(G) the actions to be taken to aid in the sharing of information between the frontline border agencies of the Department of Homeland Security, the Department of State, 

and classified and unclassified sources of counterterrorist 

travel intelligence and information elsewhere in the Federal 

Government, including the Human Smuggling and Trafficking Center; 

(H) the development and implementation of procedures 

to enable the National Counterterrorism Center, or its designee, to timely receive terrorist travel intelligence and documentation obtained at consulates and ports of entry, and 

by law enforcement officers and military personnel; 

(I) the use of foreign and technical assistance to advance border security measures and law enforcement operations against terrorist travel facilitators; 

(J) the feasibility of developing a program to provide 

each consular, port of entry, and immigration benefits office 

with a counterterrorist travel expert trained and authorized 

to use the relevant authentication technologies and cleared 

to access all appropriate immigration, law enforcement, 

and intelligence databases; 

(K) the feasibility of digitally transmitting suspect 

passport information to a central cadre of specialists, either 

as an interim measure until such time as experts described 

under subparagraph (J) are available at consular, port of 

entry, and immigration benefits offices, or otherwise; 

(L) the development of a mechanism to ensure the coordination and dissemination of terrorist travel intelligence 

and operational information among the Department of 

Homeland Security, the Department of State, the National 

Counterterrorism Center, and other appropriate agencies; 

(M) granting consular officers and immigration adjudicators, as appropriate, the security clearances necessary 

to access law enforcement sensitive and intelligence databases; and 

(N) how to integrate travel document screening for terrorism indicators into border screening, and how to integrate the intelligence community into a robust travel document screening process to intercept terrorists. 

(c) FRONTLINE COUNTERTERRORIST TRAVEL TECHNOLOGY AND

TRAINING.— 

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(1) TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.— 

Not later than 180 days after the date of enactment of this Act, 

the Secretary of Homeland Security, in conjunction with the 

Secretary of State, shall submit to Congress a plan describing 

how the Department of Homeland Security and the Department 

of State can acquire and deploy, to the maximum extent feasible, to all consulates, ports of entry, and immigration benefits 

offices, technologies that facilitate document authentication and 

the detection of potential terrorist indicators on travel documents. To the extent possible, technologies acquired and deployed under this plan shall be compatible with systems used 

by the Department of Homeland Security to detect fraudulent 

documents and identify genuine documents. 

(2) CONTENTS OF PLAN.—The plan submitted under paragraph (1) shall— 

(A) outline the timetable needed to acquire and deploy 

the authentication technologies; 

(B) identify the resources required to— 

(i) fully disseminate these technologies; and 

(ii) train personnel on use of these technologies; 

and 

(C) address the feasibility of using these technologies to 

screen every passport or other documentation described in 

section 7209(b) submitted for identification purposes to a 

United States consular, border, or immigration official. 

(d) TRAINING PROGRAM.— 

(1) REVIEW, EVALUATION, AND REVISION OF EXISTING TRAINING PROGRAMS.—The Secretary of Homeland Security shall— 

(A) review and evaluate the training regarding travel 

and identity documents, and techniques, patterns, and 

trends associated with terrorist travel that is provided to 

personnel of the Department of Homeland Security; 

(B) in coordination with the Secretary of State, review 

and evaluate the training described in subparagraph (A) 

that is provided to relevant personnel of the Department of 

State; and 

(C) in coordination with the Secretary of State, develop 

and implement an initial training and periodic retraining 

program— 

(i) to teach border, immigration, and consular officials (who inspect or review travel or identity documents as part of their official duties) how to effectively 

detect, intercept, and disrupt terrorist travel; and 

(ii) to ensure that the officials described in clause 

(i) regularly receive the most current information on 

such matters and are periodically retrained on the 

matters described in paragraph (2). 

(2) REQUIRED TOPICS OF REVISED PROGRAMS.—The training 

program developed under paragraph (1)(C) shall include training in— 

(A) methods for identifying fraudulent and genuine 

travel documents; 

(B) methods for detecting terrorist indicators on travel 

documents and other relevant identity documents; 

178 

(C) recognition of travel patterns, tactics, and behaviors exhibited by terrorists; 

(D) effective utilization of information contained in 

databases and data systems available to the Department of 

Homeland Security; and 

(E) other topics determined to be appropriate by the 

Secretary of Homeland Security, in consultation with the 

Secretary of State or the Director of National Intelligence. 

(3) IMPLEMENTATION.— 

(A) DEPARTMENT OF HOMELAND SECURITY.— 

(i) IN GENERAL.—The Secretary of Homeland Security shall provide all border and immigration officials 

who inspect or review travel or identity documents as 

part of their official duties with the training described 

in paragraph (1)(C). 

(ii) REPORT TO CONGRESS.—Not later than 12 

months after the date of enactment of this Act, and annually thereafter for a period of 3 years, the Secretary 

of Homeland Security shall submit a report to Congress that— 

(I) describes the number of border and immigration officials who inspect or review identity documents as part of their official duties, and the proportion of whom have received the revised training 

program described in paragraph (1)(C)(i); 

(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i); 

(III) provides a timetable for completion of the 

training described in paragraph (1)(C)(i) for those 

who have not received such training; and 

(IV) describes the status of periodic retraining 

of appropriate personnel described in paragraph 

(1)(C)(ii). 

(B) DEPARTMENT OF STATE.— 

(i) IN GENERAL.—The Secretary of State shall provide all consular officers who inspect or review travel 

or identity documents as part of their official duties 

with the training described in paragraph (1)(C). 

(ii) REPORT TO CONGRESS.—Not later than 12 

months after the date of enactment of this Act, and annually thereafter for a period of 3 years, the Secretary 

of State shall submit a report to Congress that— 

(I) describes the number of consular officers 

who inspect or review travel or identity documents 

as part of their official duties, and the proportion 

of whom have received the revised training program described in paragraph (1)(C)(i); 

(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i); 

(III) provides a timetable for completion of the 

training described in paragraph (1)(C)(i) for those 

who have not received such training; and 

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(IV) describes the status of periodic retraining 

of appropriate personnel described in paragraph 

(1)(C)(ii). 

(4) ASSISTANCE TO OTHERS.—The Secretary of Homeland 

Security may assist States, Indian tribes, local governments, 

and private organizations to establish training programs related to terrorist travel intelligence. 

(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary for each 

of the fiscal years 2005 through 2009 to carry out the provisions 

of this subsection. 

(e) ENHANCING CLASSIFIED COUNTERTERRORIST TRAVEL EFFORTS.— 

(1) IN GENERAL.—The Director of National Intelligence 

shall significantly increase resources and personnel to the small 

classified program that collects and analyzes intelligence on terrorist travel. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for each of the fiscal years 2005 through 

2009 such sums as may be necessary to carry out this subsection. 

SEC. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAFFICKING CENTER. 

(a) ESTABLISHMENT.—There is established a Human Smuggling 

and Trafficking Center (referred to in this section as the ‘‘Center’’). 

(b) OPERATION.—The Secretary of State, the Secretary of Homeland Security, and the Attorney General shall operate the Center in 

accordance with the Memorandum of Understanding entitled, 

‘‘Human Smuggling and Trafficking Center (HSTC), Charter’’. 

(c) FUNCTIONS.—In addition to such other responsibilities as 

the President may assign, the Center shall— 

(1) serve as the focal point for interagency efforts to address 

terrorist travel; 

(2) serve as a clearinghouse with respect to all relevant information from all Federal Government agencies in support of 

the United States strategy to prevent separate, but related, 

issues of clandestine terrorist travel and facilitation of migrant 

smuggling and trafficking of persons; 

(3) ensure cooperation among all relevant policy, law enforcement, diplomatic, and intelligence agencies of the Federal 

Government to improve effectiveness and to convert all information available to the Federal Government relating to clandestine 

terrorist travel and facilitation, migrant smuggling, and trafficking of persons into tactical, operational, and strategic intelligence that can be used to combat such illegal activities; and 

(4) prepare and submit to Congress, on an annual basis, a 

strategic assessment regarding vulnerabilities in the United 

States and foreign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their 

facilitators. 

(d) REPORT.—Not later than 180 days after the date of enactment of this Act, the President shall transmit to Congress a report 

regarding the implementation of this section, including a description of the staffing and resource needs of the Center. 

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(e) RELATIONSHIP TO THE NCTC.—As part of its mission to 

combat terrorist travel, the Center shall work to support the efforts 

of the National Counterterrorism Center. 

SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS. 

(a) INCREASED NUMBER OF CONSULAR OFFICERS.—The Secretary of State, in each of fiscal years 2006 through 2009, may increase by 150 the number of positions for consular officers above the 

number of such positions for which funds were allotted for the preceding fiscal year. 

(b) LIMITATION ON USE OF FOREIGN NATIONALS FOR VISA

SCREENING.— (1) IMMIGRANT VISAS.—Section 222(b) of the Immigration 

and Nationality Act (8 U.S.C. 1202(b)) is amended by adding 

at the end the following: ‘‘All immigrant visa applications shall 

be reviewed and adjudicated by a consular officer.’’. 

(2) NONIMMIGRANT VISAS.—Section 222(d) of the Immigration and Nationality Act (8 U.S.C. 1202(d)) is amended by adding at the end the following: ‘‘All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.’’. 

(c) TRAINING FOR CONSULAR OFFICERS IN DETECTION OF

FRAUDULENT DOCUMENTS.—Section 305(a) of the Enhanced Border 

Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is 

amended by adding at the end the following: ‘‘In accordance with 

section 7201(d) of the 9/11 Commission Implementation Act of 

2004, and as part of the consular training provided to such officers 

by the Secretary of State, such officers shall also receive training in 

detecting fraudulent documents and general document forensics and 

shall be required as part of such training to work with immigration 

officers conducting inspections of applicants for admission into the 

United States at ports of entry.’’. 

(d) ASSIGNMENT OF ANTI-FRAUD SPECIALISTS.— (1) SURVEY REGARDING DOCUMENT FRAUD.—The Secretary 

of State, in coordination with the Secretary of Homeland Security, shall conduct a survey of each diplomatic and consular 

post at which visas are issued to assess the extent to which 

fraudulent documents are presented by visa applicants to consular officers at such posts. 

(2) REQUIREMENT FOR SPECIALIST.— 

(A) IN GENERAL.—Not later than July 31, 2005, the 

Secretary of State, in coordination with the Secretary of 

Homeland Security, shall identify the diplomatic and consular posts at which visas are issued that experience the 

greatest frequency of presentation of fraudulent documents 

by visa applicants. The Secretary of State shall assign or 

designate at each such post at least 1 full-time anti-fraud 

specialist employed by the Department of State to assist the 

consular officers at each such post in the detection of such 

fraud. 

(B) EXCEPTIONS.—The Secretary of State is not required to assign or designate a specialist under subparagraph (A) at a diplomatic or consular post if an employee 

of the Department of Homeland Security, who has sufficient 

training and experience in the detection of fraudulent documents, is assigned on a full-time basis to such post under 

181 

section 428 of the Homeland Security Act of 2002 (6 U.S.C. 

236). 

SEC. 7204. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL 

TERRORIST TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED DOCUMENTS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) International terrorists travel across international borders to raise funds, recruit members, train for operations, escape capture, communicate, and plan and carry out attacks. 

(2) The international terrorists who planned and carried 

out the attack on the World Trade Center on February 26, 1993, 

the attack on the embassies of the United States in Kenya and 

Tanzania on August 7, 1998, the attack on the USS Cole on October 12, 2000, and the attack on the World Trade Center and 

the Pentagon on September 11, 2001, traveled across international borders to plan and carry out these attacks. 

(3) The international terrorists who planned other attacks 

on the United States, including the plot to bomb New York City 

landmarks in 1993, the plot to bomb the New York City subway 

in 1997, and the millennium plot to bomb Los Angeles International Airport on December 31, 1999, traveled across international borders to plan and carry out these attacks. 

(4) Many of the international terrorists who planned and 

carried out large-scale attacks against foreign targets, including 

the attack in Bali, Indonesia, on October 11, 2002, and the attack in Madrid, Spain, on March 11, 2004, traveled across 

international borders to plan and carry out these attacks. 

(5) Throughout the 1990s, international terrorists, including those involved in the attack on the World Trade Center on 

February 26, 1993, the plot to bomb New York City landmarks 

in 1993, and the millennium plot to bomb Los Angeles International Airport on December 31, 1999, traveled on fraudulent 

passports and often had more than 1 passport. 

(6) Two of the September 11, 2001, hijackers were carrying 

passports that had been manipulated in a fraudulent manner. 

(7) The National Commission on Terrorist Attacks Upon 

the United States, (commonly referred to as the 9/11 Commission), stated that ‘‘Targeting travel is at least as powerful a 

weapon against terrorists as targeting their money.’’. 

(b) INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TER- RORIST TRAVEL.— (1) INTERNATIONAL AGREEMENT ON LOST, STOLEN, OR FAL- SIFIED DOCUMENTS.—The President should lead efforts to track 

and curtail the travel of terrorists by supporting the drafting, 

adoption, and implementation of international agreements, and 

relevant United Nations Security Council resolutions to track 

and stop international travel by terrorists and other criminals 

through the use of lost, stolen, or falsified documents to augment United Nations and other international anti-terrorism efforts. 

(2) CONTENTS OF INTERNATIONAL AGREEMENT.—The President should seek, as appropriate, the adoption or full implementation of effective international measures to— 

(A) share information on lost, stolen, and fraudulent 

passports and other travel documents for the purposes of 

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preventing the undetected travel of persons using such 

passports and other travel documents that were obtained 

improperly; 

(B) establish and implement a real-time verification 

system of passports and other travel documents with 

issuing authorities; 

(C) share with officials at ports of entry in any such 

country information relating to lost, stolen, and fraudulent 

passports and other travel documents; 

(D) encourage countries— 

(i) to criminalize— 

(I) the falsification or counterfeiting of travel 

documents or breeder documents for any purpose; 

(II) the use or attempted use of false documents to obtain a visa or cross a border for any 

purpose; 

(III) the possession of tools or implements used 

to falsify or counterfeit such documents; 

(IV) the trafficking in false or stolen travel 

documents and breeder documents for any purpose; 

(V) the facilitation of travel by a terrorist; and 

(VI) attempts to commit, including conspiracies to commit, the crimes specified in subclauses 

(I) through (V); 

(ii) to impose significant penalties to appropriately 

punish violations and effectively deter the crimes specified in clause (i); and 

(iii) to limit the issuance of citizenship papers, 

passports, identification documents, and similar documents to persons— 

(I) whose identity is proven to the issuing authority; 

(II) who have a bona fide entitlement to or 

need for such documents; and 

(III) who are not issued such documents principally on account of a disproportional payment 

made by them or on their behalf to the issuing authority; 

(E) provide technical assistance to countries to help 

them fully implement such measures; and 

(F) permit immigration and border officials— 

(i) to confiscate a lost, stolen, or falsified passport 

at ports of entry; 

(ii) to permit the traveler to return to the sending 

country without being in possession of the lost, stolen, 

or falsified passport; and 

(iii) to detain and investigate such traveler upon 

the return of the traveler to the sending country. 

(3) INTERNATIONAL CIVIL AVIATION ORGANIZATION.—The 

United States shall lead efforts to track and curtail the travel 

of terrorists by supporting efforts at the International Civil 

Aviation Organization to continue to strengthen the security features of passports and other travel documents. 

(c) REPORT.— 

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(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and at least annually thereafter, the President shall submit to the appropriate congressional committees 

a report on progress toward achieving the goals described in 

subsection (b). 

(2) TERMINATION.—Paragraph (1) shall cease to be effective 

when the President certifies to the Committee on International 

Relations of the House of Representatives and the Committee on 

Foreign Relations of the Senate that the goals described in subsection (b) have been fully achieved. 

SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF 

NAMES INTO THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND NAME-BASED 

WATCHLIST SYSTEMS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The current lack of a single convention for translating 

Arabic names enabled some of the 19 hijackers of aircraft used 

in the terrorist attacks against the United States that occurred 

on September 11, 2001, to vary the spelling of their names to 

defeat name-based terrorist watchlist systems and to make more 

difficult any potential efforts to locate them. 

(2) Although the development and utilization of terrorist 

watchlist systems using biometric identifiers will be helpful, the 

full development and utilization of such systems will take several years, and name-based terrorist watchlist systems will always be useful. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

President should seek to enter into an international agreement to 

modernize and improve standards for the transliteration of names 

into the Roman alphabet in order to ensure 1 common spelling for 

such names for international travel documents and name-based 

watchlist systems. 

SEC. 7206. IMMIGRATION SECURITY INITIATIVE. 

(a) IN GENERAL.—Section 235A(b) of the Immigration and Nationality Act (8 U.S.C. 1225a(b)) is amended— 

(1) in the subsection heading, by inserting ‘‘AND IMMIGRA- TION SECURITY INITIATIVE’’ after ‘‘PROGRAM’’; 

(2) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary 

of Homeland Security’’; and 

(3) by adding at the end the following: ‘‘Beginning not later 

than December 31, 2006, the number of airports selected for an 

assignment under this subsection shall be at least 50.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Homeland Security to carry 

out the amendments made by subsection (a)— (1) $25,000,000 for fiscal year 2005; 

(2) $40,000,000 for fiscal year 2006; and 

(3) $40,000,000 for fiscal year 2007. 

SEC. 7207. CERTIFICATION REGARDING TECHNOLOGY FOR VISA WAIVER PARTICIPANTS. 

Not later than October 26, 2006, the Secretary of State shall 

certify to Congress which of the countries designated to participate 

in the visa waiver program established under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) are developing a program to issue to individuals seeking to enter that country pursuant 

184 

to a visa issued by that country, a machine readable visa document 

that is tamper-resistant and incorporates biometric identification information that is verifiable at its port of entry. 

SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 

(a) FINDING.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

finds that completing a biometric entry and exit data system as expeditiously as possible is an essential investment in efforts to protect 

the United States by preventing the entry of terrorists. 

(b) DEFINITION.—In this section, the term ‘‘entry and exit data 

system’’ means the entry and exit system required by applicable sections of— 

(1) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208); 

(2) the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–205); 

(3) the Visa Waiver Permanent Program Act (Public Law 

106–396); 

(4) the Enhanced Border Security and Visa Entry Reform 

Act of 2002 (Public Law 107–173); and 

(5) the Uniting and Strengthening America by Providing 

Appropriate Tools Required to Intercept and Obstruct Terrorism 

(USA PATRIOT ACT) Act of 2001 (Public Law 107–56). 

(c) PLAN AND REPORT.— (1) DEVELOPMENT OF PLAN.—The Secretary of Homeland 

Security shall develop a plan to accelerate the full implementation of an automated biometric entry and exit data system. 

(2) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report to Congress on the plan developed under paragraph (1), which shall 

contain— 

(A) a description of the current functionality of the 

entry and exit data system, including— 

(i) a listing of ports of entry and other Department 

of Homeland Security and Department of State locations with biometric entry data systems in use and 

whether such screening systems are located at primary 

or secondary inspection areas; 

(ii) a listing of ports of entry and other Department 

of Homeland Security and Department of State locations with biometric exit data systems in use; 

(iii) a listing of databases and data systems with 

which the entry and exit data system are interoperable; 

(iv) a description of— 

(I) identified deficiencies concerning the accuracy or integrity of the information contained in 

the entry and exit data system; 

(II) identified deficiencies concerning technology associated with processing individuals 

through the system; and 

(III) programs or policies planned or implemented to correct problems identified in subclause 

(I) or (II); and 

(v) an assessment of the effectiveness of the entry 

and exit data system in fulfilling its intended purposes, 

185 

including preventing terrorists from entering the 

United States; 

(B) a description of factors relevant to the accelerated 

implementation of the biometric entry and exit data system, 

including— 

(i) the earliest date on which the Secretary estimates that full implementation of the biometric entry 

and exit data system can be completed; 

(ii) the actions the Secretary will take to accelerate 

the full implementation of the biometric entry and exit 

data system at all ports of entry through which all 

aliens must pass that are legally required to do so; and 

(iii) the resources and authorities required to enable the Secretary to meet the implementation date described in clause (i); 

(C) a description of any improvements needed in the information technology employed for the biometric entry and 

exit data system; 

(D) a description of plans for improved or added interoperability with any other databases or data systems; and 

(E) a description of the manner in which the Department of Homeland Security’s US–VISIT program— 

(i) meets the goals of a comprehensive entry and 

exit screening system, including both entry and exit biometric; and 

(ii) fulfills the statutory obligations under subsection (b). 

(d) COLLECTION OF BIOMETRIC EXIT DATA.—The entry and exit 

data system shall include a requirement for the collection of biometric exit data for all categories of individuals who are required to 

provide biometric entry data, regardless of the port of entry where 

such categories of individuals entered the United States. 

(e) INTEGRATION AND INTEROPERABILITY.— (1) INTEGRATION OF DATA SYSTEM.—Not later than 2 years 

after the date of enactment of this Act, the Secretary shall fully 

integrate all databases and data systems that process or contain information on aliens, which are maintained by— 

(A) the Department of Homeland Security, at— 

(i) the United States Immigration and Customs 

Enforcement; 

(ii) the United States Customs and Border Protection; and 

(iii) the United States Citizenship and Immigration Services; 

(B) the Department of Justice, at the Executive Office 

for Immigration Review; and 

(C) the Department of State, at the Bureau of Consular 

Affairs. 

(2) INTEROPERABLE COMPONENT.—The fully integrated data 

system under paragraph (1) shall be an interoperable component of the entry and exit data system. 

(3) INTEROPERABLE DATA SYSTEM.—Not later than 2 years 

after the date of enactment of this Act, the Secretary shall fully 

implement an interoperable electronic data system, as required 

by section 202 of the Enhanced Border Security and Visa Entry 

186 

Reform Act (8 U.S.C. 1722) to provide current and immediate 

access to information in the databases of Federal law enforcement agencies and the intelligence community that is relevant 

to determine— 

(A) whether to issue a visa; or 

(B) the admissibility or deportability of an alien. 

(f) MAINTAINING ACCURACY AND INTEGRITY OF ENTRY AND EXIT

DATA SYSTEM.— 

(1) POLICIES AND PROCEDURES.— 

(A) ESTABLISHMENT.—The Secretary of Homeland Security shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and 

updating data maintained in, and adding information to, 

the entry and exit data system that ensure the accuracy and 

integrity of the data. 

(B) TRAINING.—The Secretary shall develop training on 

the rules, guidelines, policies, and procedures established 

under subparagraph (A), and on immigration law and procedure. All personnel authorized to access information 

maintained in the databases and data system shall receive 

such training. 

(2) DATA COLLECTED FROM FOREIGN NATIONALS.—The Secretary of Homeland Security, the Secretary of State, and the Attorney General, after consultation with directors of the relevant 

intelligence agencies, shall standardize the information and 

data collected from foreign nationals, and the procedures utilized to collect such data, to ensure that the information is consistent and valuable to officials accessing that data across multiple agencies. 

(3) DATA MAINTENANCE PROCEDURES.—Heads of agencies 

that have databases or data systems linked to the entry and exit 

data system shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and updating data maintained in, and adding information to, such 

databases or data systems that ensure the accuracy and integrity of the data and for limiting access to the information in the 

databases or data systems to authorized personnel. 

(4) REQUIREMENTS.—The rules, guidelines, policies, and 

procedures established under this subsection shall— 

(A) incorporate a simple and timely method for— 

(i) correcting errors in a timely and effective manner; 

(ii) determining which government officer provided 

data so that the accuracy of the data can be 

ascertained; and 

(iii) clarifying information known to cause false 

hits or misidentification errors; 

(B) include procedures for individuals to— 

(i) seek corrections of data contained in the databases or data systems; and 

(ii) appeal decisions concerning data contained in 

the databases or data systems; 

(C) strictly limit the agency personnel authorized to 

enter data into the system; 

187 

(D) identify classes of information to be designated as 

temporary or permanent entries, with corresponding expiration dates for temporary entries; and 

(E) identify classes of prejudicial information requiring 

additional authority of supervisory personnel before entry. 

(5) CENTRALIZING AND STREAMLINING CORRECTION PROC- ESS.— (A) IN GENERAL.—The President, or agency director 

designated by the President, shall establish a clearinghouse 

bureau in the Department of Homeland Security, to centralize and streamline the process through which members 

of the public can seek corrections to erroneous or inaccurate 

information contained in agency databases, which is related to immigration status, or which otherwise impedes 

lawful admission to the United States. 

(B) TIME SCHEDULES.—The process described in subparagraph (A) shall include specific time schedules for reviewing data correction requests, rendering decisions on 

such requests, and implementing appropriate corrective action in a timely manner. 

(g) INTEGRATED BIOMETRIC ENTRY-EXIT SCREENING SYSTEM.— The biometric entry and exit data system shall facilitate efficient 

immigration benefits processing by— 

(1) ensuring that the system’s tracking capabilities encompass data related to all immigration benefits processing, including— 

(A) visa applications with the Department of State; 

(B) immigration related filings with the Department of 

Labor; 

(C) cases pending before the Executive Office for Immigration Review; and 

(D) matters pending or under investigation before the 

Department of Homeland Security; 

(2) utilizing a biometric based identity number tied to an 

applicant’s biometric algorithm established under the entry and 

exit data system to track all immigration related matters concerning the applicant; 

(3) providing that— 

(A) all information about an applicant’s immigration 

related history, including entry and exit history, can be 

queried through electronic means; and 

(B) database access and usage guidelines include stringent safeguards to prevent misuse of data; 

(4) providing real-time updates to the information described in paragraph (3)(A), including pertinent data from all 

agencies referred to in paragraph (1); and 

(5) providing continuing education in counterterrorism 

techniques, tools, and methods for all Federal personnel employed in the evaluation of immigration documents and immigration-related policy. 

(h) ENTRY-EXIT SYSTEM GOALS.—The Department of Homeland 

Security shall operate the biometric entry and exit system so that 

it— 

(1) serves as a vital counterterrorism tool; 

(2) screens travelers efficiently and in a welcoming manner; 

188 

(3) provides inspectors and related personnel with adequate 

real-time information; 

(4) ensures flexibility of training and security protocols to 

most effectively comply with security mandates; 

(5) integrates relevant databases and plans for database 

modifications to address volume increase and database usage; 

and 

(6) improves database search capacities by utilizing language algorithms to detect alternate names. 

(i) DEDICATED SPECIALISTS AND FRONT LINE PERSONNEL

TRAINING.—In implementing the provisions of subsections (g) and 

(h), the Department of Homeland Security and the Department of 

State shall— 

(1) develop cross-training programs that focus on the scope 

and procedures of the entry and exit data system; 

(2) provide extensive community outreach and education on 

the entry and exit data system’s procedures; 

(3) provide clear and consistent eligibility guidelines for applicants in low-risk traveler programs; and 

(4) establish ongoing training modules on immigration law 

to improve adjudications at our ports of entry, consulates, and 

embassies. 

(j) COMPLIANCE STATUS REPORTS.—Not later than 1 year after 

the date of enactment of this Act, the Secretary of Homeland Security, the Secretary of State, the Attorney General, and the head of 

any other department or agency subject to the requirements of this 

section, shall issue individual status reports and a joint status report detailing the compliance of the department or agency with each 

requirement under this section. 

(k) EXPEDITING REGISTERED TRAVELERS ACROSS INTER- NATIONAL BORDERS.— (1) FINDINGS.—Consistent with the report of the National 

Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: 

(A) Expediting the travel of previously screened and 

known travelers across the borders of the United States 

should be a high priority. 

(B) The process of expediting known travelers across 

the borders of the United States can permit inspectors to 

better focus on identifying terrorists attempting to enter the 

United States. 

(2) DEFINITION.—In this subsection, the term ‘‘registered 

traveler program’’ means any program designed to expedite the 

travel of previously screened and known travelers across the 

borders of the United States. 

(3) REGISTERED TRAVEL PROGRAM.— 

(A) IN GENERAL.—As soon as is practicable, the Secretary shall develop and implement a registered traveler 

program to expedite the processing of registered travelers 

who enter and exit the United States. 

(B) PARTICIPATION.—The registered traveler program 

shall include as many participants as practicable by— 

(i) minimizing the cost of enrollment; 

(ii) making program enrollment convenient and 

easily accessible; and 

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(iii) providing applicants with clear and consistent 

eligibility guidelines. 

(C) INTEGRATION.—The registered traveler program 

shall be integrated into the automated biometric entry and 

exit data system described in this section. 

(D) REVIEW AND EVALUATION.—In developing the registered traveler program, the Secretary shall— 

(i) review existing programs or pilot projects designed to expedite the travel of registered travelers 

across the borders of the United States; 

(ii) evaluate the effectiveness of the programs described in clause (i), the costs associated with such programs, and the costs to travelers to join such programs; 

(iii) increase research and development efforts to 

accelerate the development and implementation of a 

single registered traveler program; and 

(iv) review the feasibility of allowing participants 

to enroll in the registered traveler program at consular 

offices. 

(4) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the Department’s progress on the development 

and implementation of the registered traveler program. 

(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary, for each of the fiscal years 2005 

through 2009, such sums as may be necessary to carry out the provisions of this section. 

SEC. 7209. TRAVEL DOCUMENTS. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) Existing procedures allow many individuals to enter the 

United States by showing minimal identification or without 

showing any identification. 

(2) The planning for the terrorist attacks of September 11, 

2001, demonstrates that terrorists study and exploit United 

States vulnerabilities. 

(3) Additional safeguards are needed to ensure that terrorists cannot enter the United States. 

(b) PASSPORTS.— (1) DEVELOPMENT OF PLAN.—The Secretary of Homeland 

Security, in consultation with the Secretary of State, shall develop and implement a plan as expeditiously as possible to require a passport or other document, or combination of documents, deemed by the Secretary of Homeland Security to be sufficient to denote identity and citizenship, for all travel into the 

United States by United States citizens and by categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)). This plan 

shall be implemented not later than January 1, 2008, and shall 

seek to expedite the travel of frequent travelers, including those 

who reside in border communities, and in doing so, shall make 

readily available a registered traveler program (as described in 

section 7208(k)). 

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(2) REQUIREMENT TO PRODUCE DOCUMENTATION.—The plan 

developed under paragraph (1) shall require all United States 

citizens, and categories of individuals for whom documentation 

requirements have previously been waived under section 

212(d)(4)(B) of such Act, to carry and produce the documentation described in paragraph (1) when traveling from foreign 

countries into the United States. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.—After the complete implementation of the plan described in subsection (b)— 

(1) neither the Secretary of State nor the Secretary of Homeland Security may exercise discretion under section 212(d)(4)(B) 

of such Act to waive documentary requirements for travel into 

the United States; and 

(2) the President may not exercise discretion under section 

215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary requirements for United States citizens departing from or entering, or attempting to depart from or enter, the United States except— 

(A) where the Secretary of Homeland Security determines that the alternative documentation that is the basis 

for the waiver of the documentary requirement is sufficient 

to denote identity and citizenship; 

(B) in the case of an unforeseen emergency in individual cases; or 

(C) in the case of humanitarian or national interest 

reasons in individual cases. 

(d) TRANSIT WITHOUT VISA PROGRAM.—The Secretary of State 

shall not use any authorities granted under section 212(d)(4)(C) of 

such Act until the Secretary, in conjunction with the Secretary of 

Homeland Security, completely implements a security plan to fully 

ensure secure transit passage areas to prevent aliens proceeding in 

immediate and continuous transit through the United States from 

illegally entering the United States. 

SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED 

PREINSPECTION AT FOREIGN AIRPORTS. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) The exchange of terrorist information with other countries, consistent with privacy requirements, along with listings 

of lost and stolen passports, will have immediate security benefits. 

(2) The further away from the borders of the United States 

that screening occurs, the more security benefits the United 

States will gain. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Federal Government should exchange terrorist information with trusted allies; 

(2) the Federal Government should move toward real-time 

verification of passports with issuing authorities; 

(3) where practicable, the Federal Government should conduct screening before a passenger departs on a flight destined 

for the United States; 

(4) the Federal Government should work with other countries to ensure effective inspection regimes at all airports; 

191 

(5) the Federal Government should work with other countries to improve passport standards and provide foreign assistance to countries that need help making the transition to the 

global standard for identification; and 

(6) the Department of Homeland Security, in coordination 

with the Department of State and other Federal agencies, 

should implement the initiatives called for in this subsection. 

(c) REPORT REGARDING THE EXCHANGE OF TERRORIST INFORMATION.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary of State and the Secretary 

of Homeland Security, working with other Federal agencies, 

shall submit to the appropriate committees of Congress a report 

on Federal efforts to collaborate with allies of the United States 

in the exchange of terrorist information. 

(2) CONTENTS.—The report shall outline— 

(A) strategies for increasing such collaboration and cooperation; 

(B) progress made in screening passengers before their 

departure to the United States; and 

(C) efforts to work with other countries to accomplish 

the goals described under this section. 

(d) PREINSPECTION AT FOREIGN AIRPORTS.— 

(1) IN GENERAL.—Section 235A(a)(4) of the Immigration 

and Nationality Act (8 U.S.C. 1225a(a)(4)) is amended to read 

as follows: 

‘‘(4) Subject to paragraph (5), not later than January 1, 

2008, the Secretary of Homeland Security, in consultation with 

the Secretary of State, shall establish preinspection stations in 

at least 25 additional foreign airports, which the Secretary of 

Homeland Security, in consultation with the Secretary of State, 

determines, based on the data compiled under paragraph (3) 

and such other information as may be available, would most effectively facilitate the travel of admissible aliens and reduce the 

number of inadmissible aliens, especially aliens who are potential terrorists, who arrive from abroad by air at points of entry 

within the United States. Such preinspection stations shall be 

in addition to those established before September 30, 1996, or 

pursuant to paragraph (1).’’. 

(2) REPORT.—Not later than June 30, 2006, the Secretary 

of Homeland Security and the Secretary of State shall submit 

a report on the progress being made in implementing the 

amendment made by paragraph (1) to— 

(A) the Committee on the Judiciary of the Senate; 

(B) the Committee on the Judiciary of the House of 

Representatives; 

(C) the Committee on Foreign Relations of the Senate; 

(D) the Committee on International Relations of the 

House of Representatives; 

(E) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(F) the Select Committee on Homeland Security of the 

House of Representatives (or any successor committee). 

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SEC. 7211. MINIMUM STANDARDS FOR BIRTH CERTIFICATES. 

(a) DEFINITION.—In this section, the term ‘‘birth certificate’’ 

means a certificate of birth— 

(1) for an individual (regardless of where born)— 

(A) who is a citizen or national of the United States at 

birth; and 

(B) whose birth is registered in the United States; and 

(2) that— 

(A) is issued by a Federal, State, or local government 

agency or authorized custodian of record and produced 

from birth records maintained by such agency or custodian 

of record; or 

(B) is an authenticated copy, issued by a Federal, 

State, or local government agency or authorized custodian 

of record, of an original certificate of birth issued by such 

agency or custodian of record. 

(b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.— 

(1) IN GENERAL.—Beginning 2 years after the promulgation 

of minimum standards under paragraph (3), no Federal agency 

may accept a birth certificate for any official purpose unless the 

certificate conforms to such standards. 

(2) STATE CERTIFICATION.— 

(A) IN GENERAL.—Each State shall certify to the Secretary of Health and Human Services that the State is in 

compliance with the requirements of this section. 

(B) FREQUENCY.—Certifications under subparagraph 

(A) shall be made at such intervals and in such a manner 

as the Secretary of Health and Human Services, with the 

concurrence of the Secretary of Homeland Security and the 

Commissioner of Social Security, may prescribe by regulation. 

(C) COMPLIANCE.—Each State shall ensure that units 

of local government and other authorized custodians of 

records in the State comply with this section. 

(D) AUDITS.—The Secretary of Health and Human 

Services may conduct periodic audits of each State’s compliance with the requirements of this section. 

(3) MINIMUM STANDARDS.—Not later than 1 year after the 

date of enactment of this Act, the Secretary of Health and 

Human Services shall by regulation establish minimum standards for birth certificates for use by Federal agencies for official 

purposes that— 

(A) at a minimum, shall require certification of the 

birth certificate by the State or local government custodian 

of record that issued the certificate, and shall require the 

use of safety paper or an alternative, equally secure medium, the seal of the issuing custodian of record, and other 

features designed to prevent tampering, counterfeiting, or 

otherwise duplicating the birth certificate for fraudulent 

purposes; 

(B) shall establish requirements for proof and 

verification of identity as a condition of issuance of a birth 

certificate, with additional security measures for the 

issuance of a birth certificate for a person who is not the 

applicant; 

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(C) shall establish standards for the processing of birth 

certificate applications to prevent fraud; 

(D) may not require a single design to which birth certificates issued by all States must conform; and 

(E) shall accommodate the differences between the 

States in the manner and form in which birth records are 

stored and birth certificates are produced from such 

records. 

(4) CONSULTATION WITH GOVERNMENT AGENCIES.—In promulgating the standards required under paragraph (3), the Secretary of Health and Human Services shall consult with— 

(A) the Secretary of Homeland Security; 

(B) the Commissioner of Social Security; 

(C) State vital statistics offices; and 

(D) other appropriate Federal agencies. 

(5) EXTENSION OF EFFECTIVE DATE.—The Secretary of 

Health and Human Services may extend the date specified 

under paragraph (1) for up to 2 years for birth certificates 

issued by a State if the Secretary determines that the State 

made reasonable efforts to comply with the date under paragraph (1) but was unable to do so. 

(c) GRANTS TO STATES.— (1) ASSISTANCE IN MEETING FEDERAL STANDARDS.— (A) IN GENERAL.—Beginning on the date a final regulation is promulgated under subsection (b)(3), the Secretary 

of Health and Human Services shall award grants to 

States to assist them in conforming to the minimum standards for birth certificates set forth in the regulation. 

(B) ALLOCATION OF GRANTS.—The Secretary shall 

award grants to States under this paragraph based on the 

proportion that the estimated average annual number of 

birth certificates issued by a State applying for a grant 

bears to the estimated average annual number of birth certificates issued by all States. 

(C) MINIMUM ALLOCATION.—Notwithstanding subparagraph (B), each State shall receive not less than 0.5 percent 

of the grant funds made available under this paragraph. 

(2) ASSISTANCE IN MATCHING BIRTH AND DEATH RECORDS.— (A) IN GENERAL.—The Secretary of Health and Human 

Services, in coordination with the Commissioner of Social 

Security and other appropriate Federal agencies, shall 

award grants to States, under criteria established by the 

Secretary, to assist States in— 

(i) computerizing their birth and death records; 

(ii) developing the capability to match birth and 

death records within each State and among the States; 

and 

(iii) noting the fact of death on the birth certificates of deceased persons. 

(B) ALLOCATION OF GRANTS.—The Secretary shall 

award grants to qualifying States under this paragraph 

based on the proportion that the estimated annual average 

number of birth and death records created by a State applying for a grant bears to the estimated annual average 

number of birth and death records originated by all States. 

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(C) MINIMUM ALLOCATION.—Notwithstanding subparagraph (B), each State shall receive not less than 0.5 percent 

of the grant funds made available under this paragraph. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for each of the fiscal years 2005 

through 2009 such sums as may be necessary to carry out this section. 

(e) TECHNICAL AND CONFORMING AMENDMENT.—Section 656 of 

the Illegal Immigration Reform and Immigrant Responsibility Act 

of 1996 (5 U.S.C. 301 note) is repealed. 

SEC. 7212. DRIVER’S LICENSES AND PERSONAL IDENTIFICATION 

CARDS. 

(a) DEFINITIONS.—In this section: 

(1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means a 

motor vehicle operator’s license as defined in section 30301(5) of 

title 49, United States Code. 

(2) PERSONAL IDENTIFICATION CARD.—The term ‘‘personal 

identification card’’ means an identification document (as defined in section 1028(d)(3) of title 18, United States Code) 

issued by a State. 

(b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.— (1) IN GENERAL.— (A) LIMITATION ON ACCEPTANCE.—No Federal agency 

may accept, for any official purpose, a driver’s license or 

personal identification card newly issued by a State more 

than 2 years after the promulgation of the minimum standards under paragraph (2) unless the driver’s license or personal identification card conforms to such minimum standards. 

(B) DATE FOR CONFORMANCE.—The Secretary of Transportation, in consultation with the Secretary of Homeland 

Security, shall establish a date after which no driver’s license or personal identification card shall be accepted by a 

Federal agency for any official purpose unless such driver’s 

license or personal identification card conforms to the minimum standards established under paragraph (2). The date 

shall be as early as the Secretary determines it is practicable for the States to comply with such date with reasonable efforts. 

(C) STATE CERTIFICATION.— 

(i) IN GENERAL.—Each State shall certify to the 

Secretary of Transportation that the State is in compliance with the requirements of this section. 

(ii) FREQUENCY.—Certifications under clause (i) 

shall be made at such intervals and in such a manner 

as the Secretary of Transportation, with the concurrence of the Secretary of Homeland Security, may prescribe by regulation. 

(iii) AUDITS.—The Secretary of Transportation 

may conduct periodic audits of each State’s compliance 

with the requirements of this section. 

(2) MINIMUM STANDARDS.—Not later than 18 months after 

the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, 

shall by regulation, establish minimum standards for driver’s 

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licenses or personal identification cards issued by a State for 

use by Federal agencies for identification purposes that shall 

include— 

(A) standards for documentation required as proof of 

identity of an applicant for a driver’s license or personal 

identification card; 

(B) standards for the verifiability of documents used to 

obtain a driver’s license or personal identification card; 

(C) standards for the processing of applications for 

driver’s licenses and personal identification cards to prevent fraud; 

(D) standards for information to be included on each 

driver’s license or personal identification card, including— 

(i) the person’s full legal name; 

(ii) the person’s date of birth; 

(iii) the person’s gender; 

(iv) the person’s driver’s license or personal identification card number; 

(v) a digital photograph of the person; 

(vi) the person’s address of principal residence; 

and 

(vii) the person’s signature; 

(E) standards for common machine-readable identity 

information to be included on each driver’s license or personal identification card, including defined minimum data 

elements; 

(F) security standards to ensure that driver’s licenses 

and personal identification cards are— 

(i) resistant to tampering, alteration, or counterfeiting; and 

(ii) capable of accommodating and ensuring the security of a digital photograph or other unique identifier; and 

(G) a requirement that a State confiscate a driver’s license or personal identification card if any component or 

security feature of the license or identification card is compromised. 

(3) CONTENT OF REGULATIONS.—The regulations required 

by paragraph (2)— 

(A) shall facilitate communication between the chief 

driver licensing official of a State, an appropriate official 

of a Federal agency and other relevant officials, to verify 

the authenticity of documents, as appropriate, issued by 

such Federal agency or entity and presented to prove the 

identity of an individual; 

(B) may not infringe on a State’s power to set criteria 

concerning what categories of individuals are eligible to obtain a driver’s license or personal identification card from 

that State; 

(C) may not require a State to comply with any such 

regulation that conflicts with or otherwise interferes with 

the full enforcement of State criteria concerning the categories of individuals that are eligible to obtain a driver’s 

license or personal identification card from that State; 

196 

(D) may not require a single design to which driver’s 

licenses or personal identification cards issued by all States 

must conform; and 

(E) shall include procedures and requirements to protect the privacy rights of individuals who apply for and 

hold driver’s licenses and personal identification cards. 

(4) NEGOTIATED RULEMAKING.— 

(A) IN GENERAL.—Before publishing the proposed regulations required by paragraph (2) to carry out this title, the 

Secretary of Transportation shall establish a negotiated 

rulemaking process pursuant to subchapter IV of chapter 5 

of title 5, United States Code (5 U.S.C. 561 et seq.). 

(B) REPRESENTATION ON NEGOTIATED RULEMAKING

COMMITTEE.—Any negotiated rulemaking committee established by the Secretary of Transportation pursuant to subparagraph (A) shall include representatives from— 

(i) among State offices that issue driver’s licenses 

or personal identification cards; 

(ii) among State elected officials; 

(iii) the Department of Homeland Security; and 

(iv) among interested parties. 

(C) TIME REQUIREMENT.—The process described in subparagraph (A) shall be conducted in a timely manner to ensure that— 

(i) any recommendation for a proposed rule or report is provided to the Secretary of Transportation not 

later than 9 months after the date of enactment of this 

Act and shall include an assessment of the benefits and 

costs of the recommendation; and 

(ii) a final rule is promulgated not later than 18 

months after the date of enactment of this Act. 

(c) GRANTS TO STATES.— 

(1) ASSISTANCE IN MEETING FEDERAL STANDARDS.—Beginning on the date a final regulation is promulgated under subsection (b)(2), the Secretary of Transportation shall award 

grants to States to assist them in conforming to the minimum 

standards for driver’s licenses and personal identification cards 

set forth in the regulation. 

(2) ALLOCATION OF GRANTS.—The Secretary of Transportation shall award grants to States under this subsection based 

on the proportion that the estimated average annual number of 

driver’s licenses and personal identification cards issued by a 

State applying for a grant bears to the average annual number 

of such documents issued by all States. 

(3) MINIMUM ALLOCATION.—Notwithstanding paragraph 

(2), each State shall receive not less than 0.5 percent of the 

grant funds made available under this subsection. 

(d) EXTENSION OF EFFECTIVE DATE.—The Secretary of Transportation may extend the date specified under subsection (b)(1)(A) 

for up to 2 years for driver’s licenses issued by a State if the Secretary determines that the State made reasonable efforts to comply 

with the date under such subsection but was unable to do so. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Transportation for each of the 

197 

fiscal years 2005 through 2009, such sums as may be necessary to 

carry out this section. 

SEC. 7213. SOCIAL SECURITY CARDS AND NUMBERS. 

(a) SECURITY ENHANCEMENTS.—The Commissioner of Social 

Security shall— 

(1) not later than 1 year after the date of enactment of this 

Act— 

(A) restrict the issuance of multiple replacement social 

security cards to any individual to 3 per year and 10 for 

the life of the individual, except that the Commissioner may 

allow for reasonable exceptions from the limits under this 

paragraph on a case-by-case basis in compelling circumstances; 

(B) establish minimum standards for the verification of 

documents or records submitted by an individual to establish eligibility for an original or replacement social security 

card, other than for purposes of enumeration at birth; and 

(C) require independent verification of any birth record 

submitted by an individual to establish eligibility for a social security account number, other than for purposes of 

enumeration at birth, except that the Commissioner may 

allow for reasonable exceptions from the requirement for 

independent verification under this subparagraph on a case 

by case basis in compelling circumstances; and 

(2) notwithstanding section 205(r) of the Social Security Act 

(42 U.S.C. 405(r)) and any agreement entered into thereunder, 

not later than 18 months after the date of enactment of this Act 

with respect to death indicators and not later than 36 months 

after the date of enactment of this Act with respect to fraud indicators, add death and fraud indicators to the social security 

number verification systems for employers, State agencies 

issuing driver’s licenses and identity cards, and other 

verification routines that the Commissioner determines to be appropriate. 

(b) INTERAGENCY SECURITY TASK FORCE.—The Commissioner 

of Social Security, in consultation with the Secretary of Homeland 

Security, shall form an interagency task force for the purpose of further improving the security of social security cards and numbers. 

Not later than 18 months after the date of enactment of this Act, 

the task force shall establish, and the Commissioner shall provide 

for the implementation of, security requirements, including— 

(1) standards for safeguarding social security cards from 

counterfeiting, tampering, alteration, and theft; 

(2) requirements for verifying documents submitted for the 

issuance of replacement cards; and 

(3) actions to increase enforcement against the fraudulent 

use or issuance of social security numbers and cards. 

(c) ENUMERATION AT BIRTH.— 

(1) IMPROVEMENT OF APPLICATION PROCESS.—As soon as 

practicable after the date of enactment of this Act, the Commissioner of Social Security shall undertake to make improvements 

to the enumeration at birth program for the issuance of social 

security account numbers to newborns. Such improvements 

shall be designed to prevent— 

198 

(A) the assignment of social security account numbers 

to unnamed children; 

(B) the issuance of more than 1 social security account 

number to the same child; and 

(C) other opportunities for fraudulently obtaining a social security account number. 

(2) REPORT TO CONGRESS.—Not later than 1 year after the 

date of enactment of this Act, the Commissioner shall transmit 

to each House of Congress a report specifying in detail the extent to which the improvements required under paragraph (1) 

have been made. 

(d) STUDY REGARDING PROCESS FOR ENUMERATION AT BIRTH.— 

(1) IN GENERAL.—As soon as practicable after the date of 

enactment of this Act, the Commissioner of Social Security shall 

conduct a study to determine the most efficient options for ensuring the integrity of the process for enumeration at birth. This 

study shall include an examination of available methods for 

reconciling hospital birth records with birth registrations submitted to agencies of States and political subdivisions thereof 

and with information provided to the Commissioner as part of 

the process for enumeration at birth. 

(2) REPORT.— (A) IN GENERAL.—Not later than 18 months after the 

date of enactment of this Act, the Commissioner shall submit a report to the Committee on Ways and Means of the 

House of Representatives and the Committee on Finance of 

the Senate regarding the results of the study conducted 

under paragraph (1). 

(B) CONTENTS.—The report submitted under subparagraph (A) shall contain such recommendations for legislative changes as the Commissioner considers necessary to 

implement needed improvements in the process for enumeration at birth. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Commissioner of Social Security for each 

of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section. 

SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON DRIVER’S LICENSES OR MOTOR VEHICLE REGISTRATIONS. 

(a) IN GENERAL.—Section 205(c)(2)(C)(vi) of the Social Security 

Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended— 

(1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and 

(2) by adding at the end the following new subclause: 

‘‘(II) Any State or political subdivision thereof (and any person 

acting as an agent of such an agency or instrumentality), in the administration of any driver’s license or motor vehicle registration law 

within its jurisdiction, may not display a social security account 

number issued by the Commissioner of Social Security (or any derivative of such number) on any driver’s license, motor vehicle registration, or personal identification card (as defined in section 

7212(a)(2) of the 9/11 Commission Implementation Act of 2004), or 

include, on any such license, registration, or personal identification 

card, a magnetic strip, bar code, or other means of communication 

which conveys such number (or derivative thereof).’’. 

199 

(b) EFFECTIVE DATE.—The amendment made by subsection 

(a)(2) shall apply with respect to licenses, registrations, and identification cards issued or reissued 1 year after the date of enactment 

of this Act. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Commissioner of Social Security for each 

of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section. 

SEC. 7215. TERRORIST TRAVEL PROGRAM. 

The Secretary of Homeland Security, in consultation with the 

Director of the National Counterterrorism Center, and consistent 

with the strategy developed under section 7201, shall establish a 

program to oversee the implementation of the Department’s responsibilities with respect to terrorist travel, including the analysis, coordination, and dissemination of terrorist travel intelligence and 

operational information— 

(1) among appropriate subdivisions of the Department of 

Homeland Security, including— 

(A) the Bureau of Customs and Border Protection; 

(B) United States Immigration and Customs Enforcement; 

(C) United States Citizenship and Immigration Services; 

(D) the Transportation Security Administration; and 

(E) any other subdivision, as determined by the Secretary; and 

(2) between the Department of Homeland Security and 

other appropriate Federal agencies. 

SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY. 

Section 1028(b)(4) of title 18, United States Code, is amended 

by striking ‘‘25 years’’ and inserting ‘‘30 years’’. 

SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS. 

(a) IN GENERAL.—Not later than May 31, 2005, the Secretary 

of State, in consultation with the Secretary of Homeland Security, 

shall submit a report, containing the results of a study on the subjects described in subsection (b), to— 

(1) the Committee on the Judiciary of the Senate; 

(2) the Committee on the Judiciary of the House of Representatives; 

(3) the Committee on Foreign Relations of the Senate; 

(4) the Committee on International Relations of the House 

of Representatives; 

(5) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(6) the Select Committee on Homeland Security of the 

House of Representatives (or any successor committee). 

(b) CONTENTS.—The study referred to in subsection (a) shall examine the feasibility, cost, potential benefits, and relative importance to the objectives of tracking suspected terrorists’ travel, and 

apprehending suspected terrorists, of establishing a system, in coordination with other countries, through which border and visa 

issuance officials have access in real-time to information on newly 

200 

issued passports to persons whose previous passports were allegedly 

lost or stolen. 

(c) INCENTIVES.—The study described in subsection (b) shall 

make recommendations on incentives that might be offered to encourage foreign nations to participate in the initiatives described in 

subsection (b). 

SEC. 7218. ESTABLISHMENT OF VISA AND PASSPORT SECURITY PROGRAM IN THE DEPARTMENT OF STATE. 

(a) ESTABLISHMENT.—There is established, within the Bureau 

of Diplomatic Security of the Department of State, the Visa and 

Passport Security Program (in this section referred to as the ‘‘Program’’). 

(b) PREPARATION OF STRATEGIC PLAN.— 

(1) IN GENERAL.—The Assistant Secretary for Diplomatic 

Security, in coordination with the appropriate officials of the 

Bureau of Consular Affairs, the coordinator for 

counterterrorism, the National Counterterrorism Center, and 

the Department of Homeland Security, and consistent with the 

strategy mandated by section 7201, shall ensure the preparation 

of a strategic plan to target and disrupt individuals and organizations, within the United States and in foreign countries, 

that are involved in the fraudulent production, distribution, 

use, or other similar activity— 

(A) of a United States visa or United States passport; 

(B) of documents intended to help fraudulently procure 

a United States visa or United States passport, or other 

documents intended to gain unlawful entry into the United 

States; or 

(C) of passports and visas issued by foreign countries 

intended to gain unlawful entry into the United States. 

(2) EMPHASIS.—The strategic plan shall— 

(A) focus particular emphasis on individuals and organizations that may have links to domestic terrorist organizations or foreign terrorist organizations (as such term is 

defined in section 219 of the Immigration and Nationality 

Act (8 U.S.C. 1189)); 

(B) require the development of a strategic training 

course under the Antiterrorism Assistance Training (ATA) 

program of the Department of State (or any successor or related program) under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions of law) to train participants in the identification of fraudulent documents and the forensic detection 

of such documents which may be used to obtain unlawful 

entry into the United States; and 

(C) determine the benefits and costs of providing technical assistance to foreign governments to ensure the security of passports, visas, and related documents and to investigate, arrest, and prosecute individuals who facilitate 

travel by the creation of false passports and visas, documents to obtain such passports and visas, and other types 

of travel documents. 

(c) PROGRAM.— 

(1) INDIVIDUAL IN CHARGE.— 

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(A) DESIGNATION.—The Assistant Secretary for Diplomatic Security shall designate an individual to be in 

charge of the Program. 

(B) QUALIFICATION.—The individual designated under 

subparagraph (A) shall have expertise and experience in the 

investigation and prosecution of visa and passport fraud. 

(2) PROGRAM COMPONENTS.—The Program shall include 

the following: 

(A) ANALYSIS OF METHODS.—Analyze, in coordination 

with other appropriate government agencies, methods used 

by terrorists to travel internationally, particularly the use 

of false or altered travel documents to illegally enter foreign 

countries and the United States, and consult with the Bureau of Consular Affairs and the Secretary of Homeland 

Security on recommended changes to the visa issuance 

process that could combat such methods, including the introduction of new technologies into such process. 

(B) IDENTIFICATION OF INDIVIDUALS AND DOCUMENTS.—Identify, in cooperation with the Human Trafficking and Smuggling Center, individuals who facilitate 

travel by the creation of false passports and visas, documents used to obtain such passports and visas, and other 

types of travel documents, and ensure that the appropriate 

agency is notified for further investigation and prosecution 

or, in the case of such individuals abroad for which no further investigation or prosecution is initiated, ensure that all 

appropriate information is shared with foreign governments in order to facilitate investigation, arrest, and prosecution of such individuals. 

(C) IDENTIFICATION OF FOREIGN COUNTRIES NEEDING

ASSISTANCE.—Identify foreign countries that need technical 

assistance, such as law reform, administrative reform, 

prosecutorial training, or assistance to police and other investigative services, to ensure passport, visa, and related 

document security and to investigate, arrest, and prosecute 

individuals who facilitate travel by the creation of false 

passports and visas, documents used to obtain such passports and visas, and other types of travel documents. 

(D) INSPECTION OF APPLICATIONS.—Randomly inspect 

visa and passport applications for accuracy, efficiency, and 

fraud, especially at high terrorist threat posts, in order to 

prevent a recurrence of the issuance of visas to those who 

submit incomplete, fraudulent, or otherwise irregular or incomplete applications. 

(d) REPORT.—Not later than 90 days after the date on which 

the strategy required under section 7201 is submitted to Congress, 

the Assistant Secretary for Diplomatic Security shall submit to Congress a report containing— 

(1) a description of the strategic plan prepared under subsection (b); and 

(2) an evaluation of the feasibility of establishing civil service positions in field offices of the Bureau of Diplomatic Security to investigate visa and passport fraud, including an evaluation of whether to allow diplomatic security agents to convert 

to civil service officers to fill such positions. 

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SEC. 7219. EFFECTIVE DATE. 

Notwithstanding any other provision of this Act, this subtitle 

shall take effect on the date of enactment of this Act. 

SEC. 7220. IDENTIFICATION STANDARDS. 

(a) PROPOSED STANDARDS.— (1) IN GENERAL.—The Secretary of Homeland Security— 

(A) shall propose minimum standards for identification 

documents required of domestic commercial airline passengers for boarding an aircraft; and 

(B) may, from time to time, propose minimum standards amending or replacing standards previously proposed 

and transmitted to Congress and approved under this section. 

(2) SUBMISSION TO CONGRESS.—Not later than 6 months 

after the date of enactment of this Act, the Secretary shall submit the standards under paragraph (1)(A) to the Senate and the 

House of Representatives on the same day while each House is 

in session. 

(3) EFFECTIVE DATE.—Any proposed standards submitted to 

Congress under this subsection shall take effect when an approval resolution is passed by the House and the Senate under 

the procedures described in subsection (b) and becomes law. 

(b) CONGRESSIONAL APPROVAL PROCEDURES.— (1) RULEMAKING POWER.—This subsection is enacted by 

Congress— 

(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as 

such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure 

to be followed in that House in the case of such approval 

resolutions; and it supersedes other rules only to the extent 

that they are inconsistent therewith; and 

(B) with full recognition of the constitutional right of 

either House to change the rules (so far as relating to the 

procedure of that House) at any time, in the same manner 

and to the same extent as in the case of any other rule of 

that House. 

(2) APPROVAL RESOLUTION.—For the purpose of this subsection, the term ‘‘approval resolution’’ means a joint resolution 

of Congress, the matter after the resolving clause of which is as 

follows: ‘‘That the Congress approves the proposed standards 

issued under section 7220 of the 9/11 Commission Implementation Act of 2004, transmitted by the President to the Congress 

on llllll’’, the blank space being filled in with the appropriate date. 

(3) INTRODUCTION.—Not later than the first day of session 

following the day on which proposed standards are transmitted 

to the House of Representatives and the Senate under subsection (a), an approval resolution— 

(A) shall be introduced (by request) in the House by the 

Majority Leader of the House of Representatives, for himself 

or herself and the minority leader of the House of Representatives, or by Members of the House of Representatives 

designated by the Majority Leader and Minority Leader of 

the House; and 

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(B) shall be introduced (by request) in the Senate by 

the Majority Leader of the Senate, for himself or herself 

and the Minority Leader of the Senate, or by Members of 

the Senate designated by the Majority Leader and Minority 

Leader of the Senate. 

(4) PROHIBITIONS.— (A) AMENDMENTS.—No amendment to an approval resolution shall be in order in either the House of Representatives or the Senate. 

(B) MOTIONS TO SUSPEND.—No motion to suspend the 

application of this paragraph shall be in order in either 

House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this paragraph by unanimous consent. 

(5) REFERRAL.— 

(A) IN GENERAL.—An approval resolution shall be referred to the committees of the House of Representatives 

and of the Senate with jurisdiction. Each committee shall 

make its recommendations to the House of Representatives 

or the Senate, as the case may be, within 45 days after its 

introduction. Except as provided in subparagraph (B), if a 

committee to which an approval resolution has been referred has not reported it at the close of the 45th day after 

its introduction, such committee shall be automatically discharged from further consideration of the resolution and it 

shall be placed on the appropriate calendar. 

(B) FINAL PASSAGE.—A vote on final passage of the resolution shall be taken in each House on or before the close 

of the 15th day after the resolution is reported by the committee or committees of that House to which it was referred, 

or after such committee or committees have been discharged 

from further consideration of the resolution. 

(C) COMPUTATION OF DAYS.—For purposes of this paragraph, in computing a number of days in either House, 

there shall be excluded any day on which that House is not 

in session. 

(6) COORDINATION WITH ACTION OF OTHER HOUSE.—If prior 

to the passage by one House of an approval resolution of that 

House, that House receives the same approval resolution from 

the other House, then the procedure in that House shall be the 

same as if no approval resolution has been received from the 

other House, but the vote on final passage shall be on the approval resolution of the other House. 

(7) FLOOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.— 

(A) MOTION TO PROCEED.—A motion in the House of 

Representatives to proceed to the consideration of an approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, 

nor shall it be in order to move to reconsider the vote by 

which the motion is agreed to or disagreed to. 

(B) DEBATE.—Debate in the House of Representatives 

on an implementing bill or approval resolution shall be 

limited to not more than 4 hours, which shall be divided 

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204 

lution. A motion to further limit debate shall not be debatable. It shall not be in order to move to recommit an approval resolution or to move to reconsider the vote by which 

an approval resolution is agreed to or disagreed to. 

(C) MOTION TO POSTPONE.—Motions to postpone made 

in the House of Representatives with respect to the consideration of an approval resolution and motions to proceed to 

the consideration of other business shall be decided without 

debate. 

(D) APPEALS.—All appeals from the decisions of the 

Chair relating to the application of the Rules of the House 

of Representatives to the procedure relating to an approval 

resolution shall be decided without debate. 

(E) RULES OF THE HOUSE OF REPRESENTATIVES.—Except to the extent specifically provided in subparagraphs 

(A) through (D), consideration of an approval resolution 

shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances. 

(8) FLOOR CONSIDERATION IN THE SENATE.— 

(A) MOTION TO PROCEED.—A motion in the Senate to 

proceed to the consideration of an approval resolution shall 

be privileged and not debatable. An amendment to the motion shall not be in order, not shall it be in order to move 

to reconsider the vote by which the motion is agreed to or 

disagreed to. 

(B) DEBATE ON RESOLUTION.—Debate in the Senate on 

an approval resolution, and appeals in connection therewith, shall be limited to not more than 10 hours, which 

shall be equally divided between, and controlled by, the 

Majority Leader and the Minority Leader, or their designees. 

(C) DEBATE ON MOTIONS AND APPEALS.—Debate in the 

Senate on any debatable motion or appeal in connection 

with an approval resolution shall be limited to not more 

than 1 hour, which shall be equally divided between, and 

controlled by, the mover and the manager of the resolution, 

except that in the event the manager of the resolution is in 

favor of any such motion or appeal, the time in opposition 

thereto, shall be controlled by the Minority Leader or designee. Such leaders, or either of them, may, from time 

under their control on the passage of an approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. 

(D) LIMIT ON DEBATE.—A motion in the Senate to further limit debate is not debatable. A motion to recommit an 

approval resolution is not in order. 

(c) DEFAULT STANDARDS.— 

(1) IN GENERAL.—If the standards proposed under subsection (a)(1)(A) are not approved pursuant to the procedures 

described in subsection (b), then not later than 1 year after rejection by a vote of either House of Congress, domestic commercial airline passengers seeking to board an aircraft shall 

present, for identification purposes— 

(A) a valid, unexpired passport; 

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(B) domestically issued documents that the Secretary of 

Homeland Security designates as reliable for identification 

purposes; 

(C) any document issued by the Attorney General or the 

Secretary of Homeland Security under the authority of 1 of 

the immigration laws (as defined under section 101(a)(17) 

of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(17)); or 

(D) a document issued by the country of nationality of 

any alien not required to possess a passport for admission 

to the United States that the Secretary designates as reliable for identifications purposes 

(2) EXCEPTION.—The documentary requirements described 

in paragraph (1)— 

(A) shall not apply to individuals below the age of 17, 

or such other age as determined by the Secretary of Homeland Security; 

(B) may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency. 

(d) RECOMMENDATION TO CONGRESS.—Not later than 1 year 

after the date of enactment of this Act, the Secretary of Homeland 

Security shall recommend to Congress— 

(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack and requiring minimum 

identification standards for access to such facilities; and 

(2) appropriate minimum identification standards to gain 

access to those facilities. 

Subtitle C—National Preparedness 

SEC. 7301. THE INCIDENT COMMAND SYSTEM. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) The attacks on September 11, 2001, demonstrated that 

even the most robust emergency response capabilities can be 

overwhelmed if an attack is large enough. 

(2) Teamwork, collaboration, and cooperation at an incident site are critical to a successful response to a terrorist attack. 

(3) Key decisionmakers who are represented at the incident 

command level help to ensure an effective response, the efficient 

use of resources, and responder safety. 

(4) The incident command system also enables emergency 

managers and first responders to manage, generate, receive, 

evaluate, share, and use information. 

(5) Regular joint training at all levels is essential to ensuring close coordination during an actual incident. 

(6) In Homeland Security Presidential Directive 5, the 

President directed the Secretary of Homeland Security to develop an incident command system, to be known as the National Incident Management System (NIMS), and directed all 

Federal agencies to make the adoption of NIMS a condition for 

the receipt of Federal emergency preparedness assistance by 

206 

States, territories, tribes, and local governments beginning in 

fiscal year 2005. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States needs to implement the recommendations of the National Commission on Terrorist Attacks Upon the 

United States by adopting a unified incident command system 

and significantly enhancing communications connectivity between and among all levels of government agencies, emergency 

response providers (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), and other organizations with 

emergency response capabilities; 

(2) the unified incident command system should enable 

emergency managers and first responders to manage, generate, 

receive, evaluate, share, and use information in the event of a 

terrorist attack or a significant national disaster; 

(3) emergency response agencies nationwide should adopt 

the Incident Command System known as NIMS; 

(4) when multiple agencies or multiple jurisdictions are involved, they should follow a unified command system based on 

NIMS; 

(5) the regular use of, and training in, NIMS by States 

and, to the extent practicable, territories, tribes, and local governments, should be a condition for receiving Federal preparedness assistance; and 

(6) the Secretary of Homeland Security should require, as 

a further condition of receiving homeland security preparedness 

funds from the Office of State and Local Government Coordination and Preparedness, that grant applicants document measures taken to fully and aggressively implement the Incident 

Command System and unified command procedures. 

SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID. 

(a) DEFINITIONS.—In this section: 

(1) AUTHORIZED REPRESENTATIVE OF THE FEDERAL GOVERN- MENT.—The term ‘‘authorized representative of the Federal Government’’ means any individual or individuals designated by 

the President with respect to the executive branch, the Chief 

Justice with respect to the Federal judiciary, or the President 

of the Senate and Speaker of the House of Representatives with 

respect to Congress, or their designees, to request assistance 

under a mutual aid agreement for an emergency or public service event. 

(2) CHIEF OPERATING OFFICER.—The term ‘‘chief operating 

officer’’ means the official designated by law to declare an emergency in and for the locality of that chief operating officer. 

(3) EMERGENCY.—The term ‘‘emergency’’ means a major 

disaster or emergency declared by the President, or a state of 

emergency declared by the mayor of the District of Columbia, 

the Governor of the State of Maryland or the Commonwealth of 

Virginia, or the declaration of a local emergency by the chief operating officer of a locality, or their designees, that triggers mutual aid under the terms of a mutual aid agreement. 

(4) EMPLOYEE.—The term ‘‘employee’’ means the employees 

of the party, including its agents or authorized volunteers, who 

are committed in a mutual aid agreement to prepare for or who 

respond to an emergency or public service event. 

207 

(5) LOCALITY.—The term ‘‘locality’’ means a county, city, or 

town within the State of Maryland or the Commonwealth of 

Virginia and within the National Capital Region. 

(6) MUTUAL AID AGREEMENT.—The term ‘‘mutual aid agreement’’ means an agreement, authorized under subsection (b), for 

the provision of police, fire, rescue and other public safety and 

health or medical services to any party to the agreement during 

a public service event, an emergency, or pre-planned training 

event. 

(7) NATIONAL CAPITAL REGION OR REGION.—The term ‘‘National Capital Region’’ or ‘‘Region’’ means the area defined 

under section 2674(f)(2) of title 10, United States Code, and 

those counties with a border abutting that area and any municipalities therein. 

(8) PARTY.—The term ‘‘party’’ means the State of Maryland, 

the Commonwealth of Virginia, the District of Columbia, and 

any of the localities duly executing a Mutual Aid Agreement 

under this section. 

(9) PUBLIC SERVICE EVENT.—The term ‘‘public service 

event’’— 

(A) means any undeclared emergency, incident or situation in preparation for or response to which the mayor of 

the District of Columbia, an authorized representative of 

the Federal Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the 

chief operating officer of a locality in the National Capital 

Region, or their designees, requests or provides assistance 

under a Mutual Aid Agreement within the National Capital Region; and 

(B) includes Presidential inaugurations, public gatherings, demonstrations and protests, and law enforcement, 

fire, rescue, emergency health and medical services, transportation, communications, public works and engineering, 

mass care, and other support that require human resources, 

equipment, facilities or services supplemental to or greater 

than the requesting jurisdiction can provide. 

(10) STATE.—The term ‘‘State’’ means the State of Maryland, the Commonwealth of Virginia, and the District of Columbia. 

(11) TRAINING.—The term ‘‘training’’ means emergency and 

public service event-related exercises, testing, or other activities 

using equipment and personnel to simulate performance of any 

aspect of the giving or receiving of aid by National Capital Region jurisdictions during emergencies or public service events, 

such actions occurring outside actual emergency or public service event periods. 

(b) MUTUAL AID AUTHORIZED.— 

(1) IN GENERAL.—The mayor of the District of Columbia, 

any authorized representative of the Federal Government, the 

Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the chief operating officer of a locality, or their designees, acting within his or her jurisdictional 

purview, may, in accordance with State law, enter into, request 

or provide assistance under mutual aid agreements with localities, the Washington Metropolitan Area Transit Authority, the 

208 

Metropolitan Washington Airports Authority, and any other 

governmental agency or authority for— 

(A) law enforcement, fire, rescue, emergency health and 

medical services, transportation, communications, public 

works and engineering, mass care, and resource support in 

an emergency or public service event; 

(B) preparing for, mitigating, managing, responding to 

or recovering from any emergency or public service event; 

and 

(C) training for any of the activities described under 

subparagraphs (A) and (B). 

(2) FACILITATING LOCALITIES.—The State of Maryland and 

the Commonwealth of Virginia are encouraged to facilitate the 

ability of localities to enter into interstate mutual aid agreements in the National Capital Region under this section. 

(3) APPLICATION AND EFFECT.—This section— 

(A) does not apply to law enforcement security operations at special events of national significance under section 3056(e) of title 18, United States Code, or other law enforcement functions of the United States Secret Service; 

(B) does not diminish any authorities, express or implied, of Federal agencies to enter into mutual aid agreements in furtherance of their Federal missions; and 

(C) does not— 

(i) preclude any party from entering into supplementary Mutual Aid Agreements with fewer than all 

the parties, or with another party; or 

(ii) affect any other agreement in effect before the 

date of enactment of this Act among the States and localities, including the Emergency Management Assistance Compact. 

(4) RIGHTS DESCRIBED.—Other than as described in this 

section, the rights and responsibilities of the parties to a mutual 

aid agreement entered into under this section shall be as described in the mutual aid agreement. 

(c) DISTRICT OF COLUMBIA.— 

(1) IN GENERAL.—The District of Columbia may purchase 

liability and indemnification insurance or become self insured 

against claims arising under a mutual aid agreement authorized under this section. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry 

out paragraph (1). 

(d) LIABILITY AND ACTIONS AT LAW.— 

(1) IN GENERAL.—Any responding party or its officers or 

employees rendering aid or failing to render aid to the District 

of Columbia, the Federal Government, the State of Maryland, 

the Commonwealth of Virginia, or a locality, under a mutual 

aid agreement authorized under this section, and any party or 

its officers or employees engaged in training activities with another party under such a mutual aid agreement, shall be liable 

on account of any act or omission of its officers or employees 

while so engaged or on account of the maintenance or use of 

any related equipment, facilities, or supplies, but only to the exVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00208 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
209 

tent permitted under the laws and procedures of the State of the 

party rendering aid. 

(2) ACTIONS.—Any action brought against a party or its officers or employees on account of an act or omission in the rendering of aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or 

a locality, or failure to render such aid or on account of the 

maintenance or use of any related equipment, facilities, or supplies may be brought only under the laws and procedures of the 

State of the party rendering aid and only in the Federal or 

State courts located therein. Actions against the United States 

under this section may be brought only in Federal courts. 

(3) IMMUNITIES.—This section shall not abrogate any other 

immunities from liability that any party has under any other 

Federal or State law. 

(e) WORKERS COMPENSATION.— (1) COMPENSATION.—Each party shall provide for the payment of compensation and death benefits to injured members of 

the emergency forces of that party and representatives of deceased members of such forces if such members sustain injuries 

or are killed while rendering aid to the District of Columbia, 

the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement, 

or engaged in training activities under a mutual aid agreement, 

in the same manner and on the same terms as if the injury or 

death were sustained within their own jurisdiction. 

(2) OTHER STATE LAW.—No party shall be liable under the 

law of any State other than its own for providing for the payment of compensation and death benefits to injured members of 

the emergency forces of that party and representatives of deceased members of such forces if such members sustain injuries 

or are killed while rendering aid to the District of Columbia, 

the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement 

or engaged in training activities under a mutual aid agreement. 

(f) LICENSES AND PERMITS.—If any person holds a license, certificate, or other permit issued by any responding party evidencing 

the meeting of qualifications for professional, mechanical, or other 

skills and assistance is requested by a receiving jurisdiction, such 

person will be deemed licensed, certified, or permitted by the receiving jurisdiction to render aid involving such skill to meet a public 

service event, emergency or training for any such events. 

SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS 

INTEROPERABILITY. 

(a) COORDINATION OF PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS PROGRAMS.— 

(1) PROGRAM.—The Secretary of Homeland Security, in 

consultation with the Secretary of Commerce and the Chairman 

of the Federal Communications Commission, shall establish a 

program to enhance public safety interoperable communications 

at all levels of government. Such program shall— 

(A) establish a comprehensive national approach to 

achieving public safety interoperable communications; 

(B) coordinate with other Federal agencies in carrying 

out subparagraph (A); 

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(C) develop, in consultation with other appropriate 

Federal agencies and State and local authorities, appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety agencies; 

(D) accelerate, in consultation with other Federal agencies, including the National Institute of Standards and 

Technology, the private sector, and nationally recognized 

standards organizations as appropriate, the development of 

national voluntary consensus standards for public safety 

interoperable communications, recognizing— 

(i) the value, life cycle, and technical capabilities of 

existing communications infrastructure; 

(ii) the need for cross-border interoperability between States and nations; 

(iii) the unique needs of small, rural communities; 

and 

(iv) the interoperability needs for daily operations 

and catastrophic events; 

(E) encourage the development and implementation of 

flexible and open architectures incorporating, where possible, technologies that currently are commercially available, with appropriate levels of security, for short-term and 

long-term solutions to public safety communications interoperability; 

(F) assist other Federal agencies in identifying priorities for research, development, and testing and evaluation 

with regard to public safety interoperable communications; 

(G) identify priorities within the Department of Homeland Security for research, development, and testing and 

evaluation with regard to public safety interoperable communications; 

(H) establish coordinated guidance for Federal grant 

programs for public safety interoperable communications; 

(I) provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other 

functions necessary to achieve public safety communications interoperability; 

(J) develop and disseminate best practices to improve 

public safety communications interoperability; and 

(K) develop appropriate performance measures and 

milestones to systematically measure the Nation’s progress 

toward achieving public safety communications interoperability, including the development of national voluntary 

consensus standards. 

(2) OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.— 

(A) ESTABLISHMENT OF OFFICE.—The Secretary may establish an Office for Interoperability and Compatibility 

within the Directorate of Science and Technology to carry 

out this subsection. 

(B) FUNCTIONS.—If the Secretary establishes such office, the Secretary shall, through such office— 

(i) carry out Department of Homeland Security responsibilities and authorities relating to the 

SAFECOM Program; and 

211 

(ii) carry out section 510 of the Homeland Security 

Act of 2002, as added by subsection (d). 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to carry out this subsection— 

(A) $22,105,000 for fiscal year 2005; 

(B) $22,768,000 for fiscal year 2006; 

(C) $23,451,000 for fiscal year 2007; 

(D) $24,155,000 for fiscal year 2008; and 

(E) $24,879,000 for fiscal year 2009. 

(b) REPORT.—Not later than 120 days after the date of enactment of this Act, the Secretary shall report to the Congress on Department of Homeland Security plans for accelerating the development of national voluntary consensus standards for public safety 

interoperable communications, a schedule of milestones for such development, and achievements of such development. 

(c) INTERNATIONAL INTEROPERABILITY.—Not later than 18 

months after the date of enactment of this Act, the President shall 

establish a mechanism for coordinating cross-border interoperability 

issues between— 

(1) the United States and Canada; and 

(2) the United States and Mexico. 

(d) HIGH RISK AREA COMMUNICATIONS CAPABILITIES.—Title V 

of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is 

amended by adding at the end the following: 

‘‘SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES. 

‘‘(a) IN GENERAL.—The Secretary, in consultation with the Federal Communications Commission and the Secretary of Defense, 

and with appropriate governors, mayors, and other State and local 

government officials, shall provide technical guidance, training, and 

other assistance, as appropriate, to support the rapid establishment 

of consistent, secure, and effective interoperable 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 terrorist attack. 

‘‘(b) MINIMUM CAPABILITIES.—The interoperable communications capabilities established under subsection (a) shall ensure the 

ability of all levels of government agencies, emergency response providers (as defined in section 2 of the Homeland Security Act of 2002 

(6 U.S.C. 101)), and other organizations with emergency response 

capabilities— 

‘‘(1) to communicate with each other in the event of an 

emergency; and 

‘‘(2) to have appropriate and timely access to the Information Sharing Environment described in section 1016 of the National Security Intelligence Reform Act of 2004.’’. 

(e) MULTIYEAR INTEROPERABILITY GRANTS.— 

(1) MULTIYEAR COMMITMENTS.—In awarding grants to any 

State, region, local government, or Indian tribe for the purposes 

of enhancing interoperable communications capabilities for 

emergency response providers, the Secretary may commit to obligate Federal assistance beyond the current fiscal year, subject 

to the limitations and restrictions in this subsection. 

(2) RESTRICTIONS.— 

212 

(A) TIME LIMIT.—No multiyear interoperability commitment may exceed 3 years in duration. 

(B) AMOUNT OF COMMITTED FUNDS.—The total amount 

of assistance the Secretary has committed to obligate for 

any future fiscal year under paragraph (1) may not exceed 

$150,000,000. 

(3) LETTERS OF INTENT.— 

(A) ISSUANCE.—Pursuant to paragraph (1), the Secretary may issue a letter of intent to an applicant committing to obligate from future budget authority an amount, 

not more than the Federal Government’s share of the 

project’s cost, for an interoperability communications 

project (including interest costs and costs of formulating 

the project). 

(B) SCHEDULE.—A letter of intent under this paragraph shall establish a schedule under which the Secretary 

will reimburse the applicant for the Federal Government’s 

share of the project’s costs, as amounts become available, if 

the applicant, after the Secretary issues the letter, carries 

out the project before receiving amounts under a grant 

issued by the Secretary. 

(C) NOTICE TO SECRETARY.—An applicant that is 

issued a letter of intent under this subsection shall notify 

the Secretary of the applicant’s intent to carry out a project 

pursuant to the letter before the project begins. 

(D) NOTICE TO CONGRESS.—The Secretary shall transmit a written notification to the Congress no later than 3 

days before the issuance of a letter of intent under this section. 

(E) LIMITATIONS.—A letter of intent issued under this 

section is not an obligation of the Government under section 1501 of title 31, United States Code, and is not deemed 

to be an administrative commitment for financing. An obligation or administrative commitment may be made only as 

amounts are provided in authorization and appropriations 

laws. 

(F) STATUTORY CONSTRUCTION.—Nothing in this subsection shall be construed— 

(i) to prohibit the obligation of amounts pursuant 

to a letter of intent under this subsection in the same 

fiscal year as the letter of intent is issued; or 

(ii) to apply to, or replace, Federal assistance intended for interoperable communications that is not 

provided pursuant to a commitment under this subsection. 

(f) INTEROPERABLE COMMUNICATIONS PLANS.—Any applicant 

requesting funding assistance from the Secretary for interoperable 

communications for emergency response providers shall submit an 

Interoperable Communications Plan to the Secretary for approval. 

Such a plan shall— 

(1) describe the current state of communications interoperability in the applicable jurisdictions among Federal, State, 

and local emergency response providers and other relevant private resources; 

213 

(2) describe the available and planned use of public safety 

frequency spectrum and resources for interoperable communications within such jurisdictions; 

(3) describe how the planned use of spectrum and resources 

for interoperable communications is compatible with surrounding capabilities and interoperable communications plans 

of Federal, State, and local governmental entities, military installations, foreign governments, critical infrastructure, and 

other relevant entities; 

(4) include a 5-year plan for the dedication of Federal, 

State, and local government and private resources to achieve a 

consistent, secure, and effective interoperable communications 

system, including planning, system design and engineering, 

testing and technology development, procurement and installation, training, and operations and maintenance; and 

(5) describe how such 5-year plan meets or exceeds any applicable standards and grant requirements established by the 

Secretary. 

(g) DEFINITIONS.—In this section: 

(1) INTEROPERABLE COMMUNICATIONS.—The term ‘‘interoperable communications’’ means the ability of emergency response providers and relevant Federal, State, and local government agencies to communicate with each other as necessary, 

through a dedicated public safety network utilizing information 

technology systems and radio communications systems, and to 

exchange voice, data, or video with one another on demand, in 

real time, as necessary. 

(2) EMERGENCY RESPONSE PROVIDERS.—The term ‘‘emergency response providers’’ has the meaning that term has under 

section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). 

(h) CLARIFICATION OF RESPONSIBILITY FOR INTEROPERABLE

COMMUNICATIONS.— 

(1) UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND

RESPONSE.—Section 502(7) of the Homeland Security Act of 

2002 (6 U.S.C. 312(7)) is amended— 

(A) by striking ‘‘developing comprehensive programs for 

developing interoperative communications technology, and’’; 

and 

(B) by striking ‘‘such’’ and inserting ‘‘interoperable 

communications’’. 

(2) OFFICE FOR DOMESTIC PREPAREDNESS.—Section 430(c) 

of such Act (6 U.S.C. 238(c)) is amended— 

(A) in paragraph (7) by striking ‘‘and’’ after the semicolon; 

(B) in paragraph (8) by striking the period and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(9) helping to ensure the acquisition of interoperable communication technology by State and local governments and 

emergency response providers.’’. 

(i) SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.— 

(1) FINDING.—The Congress finds that— 

214 

(A) many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and 

(B) their inability to do so threatens the public’s safety 

and may result in unnecessary loss of lives and property. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that 

interoperable emergency communications systems and radios 

should continue to be deployed as soon as practicable for use by 

the first responder community, and that upgraded and new digital communications systems and new digital radios must meet 

prevailing national, voluntary consensus standards for interoperability. 

SEC. 7304. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS. 

(a) PILOT PROJECTS.—Consistent with sections 302 and 430 of 

the Homeland Security Act of 2002 (6 U.S.C. 182, 238), not later 

than 90 days after the date of enactment of this Act, the Secretary 

of Homeland Security shall establish not fewer than 2 pilot projects 

in high threat urban areas or regions that are likely to implement 

a national model strategic plan. 

(b) PURPOSES.—The purposes of the pilot projects required by 

this section shall be to develop a regional strategic plan to foster 

interagency communication in the area in which it is established 

and coordinate the gathering of all Federal, State, and local first 

responders in that area, consistent with the national strategic plan 

developed by the Department of Homeland Security. 

(c) SELECTION CRITERIA.—In selecting urban areas for the location of pilot projects under this section, the Secretary shall consider— 

(1) the level of risk to the area, as determined by the Department of Homeland Security; 

(2) the number of Federal, State, and local law enforcement 

agencies located in the area; 

(3) the number of potential victims from a large scale terrorist attack in the area; and 

(4) such other criteria reflecting a community’s risk and 

vulnerability as the Secretary determines is appropriate. 

(d) INTERAGENCY ASSISTANCE.—The Secretary of Homeland Security shall consult with the Secretary of Defense as necessary for 

the development of the pilot projects required by this section, including examining relevant standards, equipment, and protocols in 

order to improve interagency communication among first responders. 

(e) REPORTS TO CONGRESS.—The Secretary of Homeland Security shall submit to Congress— 

(1) an interim report regarding the progress of the interagency communications pilot projects required by this section 6 

months after the date of enactment of this Act; and 

(2) a final report 18 months after that date of enactment. 

(f) FUNDING.—There are authorized to be made available to the 

Secretary of Homeland Security, such sums as may be necessary to 

carry out this section. 

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SEC. 7305. PRIVATE SECTOR PREPAREDNESS. 

(a) FINDINGS.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

(1) Private sector organizations own 85 percent of the Nation’s critical infrastructure and employ the vast majority of the 

Nation’s workers. 

(2) Preparedness in the private sector and public sector for 

rescue, restart and recovery of operations should include, as appropriate— 

(A) a plan for evacuation; 

(B) adequate communications capabilities; and 

(C) a plan for continuity of operations. 

(3) The American National Standards Institute recommends a voluntary national preparedness standard for the 

private sector based on the existing American National Standard on Disaster/Emergency Management and Business Continuity Programs (NFPA 1600), with appropriate modifications. 

This standard establishes a common set of criteria and terminology for preparedness, disaster management, emergency management, and business continuity programs. 

(4) The mandate of the Department of Homeland Security 

extends to working with the private sector, as well as government entities. 

(b) SENSE OF CONGRESS ON PRIVATE SECTOR PREPAREDNESS.— 

It is the sense of Congress that the Secretary of Homeland Security 

should promote, where appropriate, the adoption of voluntary national preparedness standards such as the private sector preparedness standard developed by the American National Standards Institute and based on the National Fire Protection Association 1600 

Standard on Disaster/Emergency Management and Business Continuity Programs. 

SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Under section 201 of the Homeland Security Act of 2002 

(6 U.S.C 121), the Department of Homeland Security, through 

the Under Secretary for Information Analysis and Infrastructure Protection, has the responsibility— 

(A) 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; 

(B) to identify priorities for protective and supportive 

measures; and 

(C) to develop a comprehensive national plan for securing the key resources and critical infrastructure of the 

United States. 

(2) Under Homeland Security Presidential Directive 7, 

issued on December 17, 2003, the Secretary of Homeland Security was given 1 year to develop a comprehensive plan to identify, prioritize, and coordinate the protection of critical infrastructure and key resources. 

216 

(3) The report of the National Commission on Terrorist Attacks Upon the United States recommended that the Secretary 

of Homeland Security should— 

(A) identify those elements of the United States’ transportation, energy, communications, financial, and other institutions that need to be protected; 

(B) develop plans to protect that infrastructure; and 

(C) exercise mechanisms to enhance preparedness. 

(b) REPORTS ON RISK ASSESSMENT AND READINESS.—Not later 

than 180 days after the date of enactment of this Act, and in conjunction with the reporting requirements of Public Law 108–330, the 

Secretary of Homeland Security shall submit a report to Congress 

on— 

(1) the Department of Homeland Security’s progress in completing vulnerability and risk assessments of the Nation’s critical infrastructure; 

(2) the adequacy of the Government’s plans to protect such 

infrastructure; and 

(3) the readiness of the Government to respond to threats 

against the United States. 

SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED 

STATES HOMELAND. 

It is the sense of Congress that the Secretary of Defense should 

regularly assess the adequacy of the plans and strategies of the 

United States Northern Command with a view to ensuring that the 

United States Northern Command is prepared to respond effectively 

to all military and paramilitary threats within the United States, 

should it be called upon to do so by the President. 

SEC. 7308. EFFECTIVE DATE. 

Notwithstanding any other provision of this Act, this subtitle 

shall take effect on the date of enactment of this Act. 

Subtitle D—Homeland Security 

SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING. 

It is the sense of Congress that Congress must pass legislation 

in the first session of the 109th Congress to reform the system for 

distributing grants to enhance State and local government prevention of, preparedness for, and response to acts of terrorism. 

SEC. 7402. COORDINATION OF INDUSTRY EFFORTS. 

Section 102(f) of the Homeland Security Act of 2002 (Public 

Law 107–296; 6 U.S.C. 112(f)) is amended— 

(1) in paragraph (6), by striking ‘‘and’’ at the end; 

(2) in paragraph (7), by striking the period at the end and 

inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(8) 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; 

‘‘(9) coordinating with the Directorate of Border and Transportation Security and the Assistant Secretary for Trade DevelVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00216 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
217 

opment of the Department of Commerce on issues related to the 

travel and tourism industries; and 

‘‘(10) 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.’’. 

SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM. 

(a) STUDY.—The Secretary of Homeland Security, in 

cooordination with the Chairman of the Federal Communications 

Commission, and in consultation with the heads of other appropriate Federal agencies and representatives of providers and participants in the telecommunications industry, shall conduct a study to 

determine whether it is cost-effective, efficient, and feasible to establish and implement an emergency telephonic alert notification system that will— 

(1) alert persons in the United States of imminent or current hazardous events caused by acts of terrorism; and 

(2) provide information to individuals regarding appropriate measures that may be undertaken to alleviate or minimize threats to their safety and welfare posed by such events. 

(b) TECHNOLOGIES TO CONSIDER.—In conducting the study, the 

Secretary shall consider the use of the telephone, wireless communications, and other existing communications networks to provide 

such notification. 

(c) REPORT.—Not later than 9 months after the date of enactment of this Act, the Secretary shall submit to Congress a report regarding the conclusions of the study. 

SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL AGE. 

(a) PILOT STUDY.—The Secretary of Homeland Security, from 

funds made available for improving the national system to notify 

the general public in the event of a terrorist attack, and in consultation with the Attorney General, the Secretary of Transportation, the 

heads of other appropriate Federal agencies, the National Association of State Chief Information Officers, and other stakeholders with 

respect to public warning systems, shall conduct a pilot study under 

which the Secretary of Homeland Security may issue public warnings regarding threats to homeland security using a warning system 

that is similar to the AMBER Alert communications network. 

(b) REPORT.—Not later than 9 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit 

to Congress a report regarding the findings, conclusions, and recommendations of the pilot study. 

(c) PROHIBITION ON USE OF HIGHWAY TRUST FUND.—No funds 

derived from the Highway Trust Fund may be transferred to, made 

available to, or obligated by the Secretary of Homeland Security to 

carry out this section. 

SEC. 7405. REQUIRED COORDINATION. 

The Secretary of Homeland Security shall ensure that there is 

effective and ongoing coordination of Federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disasters 

and emergencies among the divisions of the Department of Homeland Security, including the Directorate of Emergency Preparedness 

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and Response and the Office for State and Local Government Coordination and Preparedness. 

SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS. 

Section 611(h) of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5196(h)) is amended— 

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; 

(2) by indenting paragraph (2) (as so redesignated); and 

(3) by striking the subsection designation and heading and 

inserting the following: 

‘‘(h) EMERGENCY PREPAREDNESS COMPACTS.—(1) The Director 

shall establish a program supporting the development of emergency 

preparedness compacts for acts of terrorism, disasters, and emergencies throughout the Nation, by— 

‘‘(A) identifying and cataloging existing emergency preparedness compacts for acts of terrorism, disasters, and emergencies at the State and local levels of government; 

‘‘(B) disseminating to State and local governments examples of best practices in the development of emergency preparedness compacts and models of existing emergency preparedness 

compacts, including agreements involving interstate jurisdictions; and 

‘‘(C) completing an inventory of Federal response capabilities for acts of terrorism, disasters, and emergencies, making 

such inventory available to appropriate Federal, State, and 

local government officials, and ensuring that such inventory is 

as current and accurate as practicable.’’. 

SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE. 

(a) AMENDMENT.—Section 878 of the Homeland Security Act of 

2002 (6 U.S.C. 458) is amended to read as follows: 

‘‘SEC. 878. 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.— 

‘‘(1) IN GENERAL.—The Secretary shall assign permanent 

staff to the Office, consistent with effective management of Department resources. 

‘‘(2) 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.—Except as provided in subsection (d), 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) ELIGIBILITY TO SERVE AS THE UNITED STATES INTERDICTION COORDINATOR.—The Director of the Office of Counternarcotics 

Enforcement may be appointed as the United States Interdiction Coordinator by the Director of the Office of National Drug Control PolVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00218 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
219 

icy, and shall be the only person at the Department eligible to be 

so appointed. 

‘‘(e) RESPONSIBILITIES.—The Secretary shall direct the Director 

of the Office of Counternarcotics Enforcement— 

‘‘(1) 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; 

‘‘(2) to ensure the adequacy of resources within the Department for stopping the entry of illegal drugs into the United 

States; 

‘‘(3) 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; 

‘‘(4) within the Joint Terrorism Task Force construct to 

track and sever connections between illegal drug trafficking and 

terrorism; and 

‘‘(5) 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. 

‘‘(f) 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. 

‘‘(g) REPORTS TO CONGRESS.— 

‘‘(1) ANNUAL BUDGET REVIEW.—The Director of the Office of 

Counternarcotics Enforcement shall, not later than 30 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. 

‘‘(2) EVALUATION OF COUNTERNARCOTICS ACTIVITIES.—The 

Director of the Office of Counternarcotics Enforcement shall, not 

later than February 1 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 DepartVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00219 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
220 

ment 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. 

‘‘(3) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMA- TION.—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.’’. 

(b) CONFORMING AMENDMENTS.—Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended— 

(1) by redesignating paragraphs (8) and (9) as paragraphs 

(9) and (10), respectively; and 

(2) by inserting after paragraph (7) the following: 

‘‘(8) A Director of the Office of Counternarcotics Enforcement.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts appropriated for the Department of Homeland Security for Departmental management and operations for fiscal year 2005, there is authorized up to $6,000,000 to carry out section 878 of the Department 

of Homeland Security Act of 2002. 

SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN 

CERTAIN EMPLOYEE PERFORMANCE APPRAISALS. 

(a) IN GENERAL.—Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the 

end the following: 

‘‘SEC. 843. 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, 

221 

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— 

‘‘(1) the contribution of that employee to seizures of narcotics and arrests of violators of Federal, State, or local narcotics laws; and 

‘‘(2) 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— 

‘‘(1) the term ‘National Drug Control Program Agency’ 

means— 

‘‘(A) a National Drug Control Program Agency, as defined in section 702(7) of the Office of National Drug Control Policy Reauthorization Act of 1998 (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 878; or 

‘‘(ii) if applicable, the counternarcotics officer’s successor in function (as determined by the Secretary); 

and 

‘‘(2) the term ‘performance appraisal system’ means a system under which periodic appraisals of job performance of employees are made, whether under chapter 43 of title 5, United 

States Code, or otherwise.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Homeland Security Act of 2002 is amended by inserting after the item relating to section 842 the following: 

‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee performance appraisals.’’. 

Subtitle E—Public Safety Spectrum 

SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE. 

(a) FINDINGS.—Congress finds the following: 

(1) Congress granted television broadcasters additional 6 

megahertz blocks of spectrum to transmit digital broadcasts simultaneously with the analog broadcasts they submit on their 

original 6 megahertz blocks of spectrum. 

(2) Section 309(j)(14) of the Communications Act of 1934 

(47 U.S.C. 309(j)(14)) requires each television broadcaster to 

cease analog transmissions and return 6 megahertz of spectrum 

not later than— 

(A) December 31, 2006; or 

(B) the date on which more than 85 percent of the television households in the market of such broadcaster can 

view digital broadcast television channels using a digital 

television, a digital-to-analog converter box, cable service, 

or satellite service. 

222 

(3) Twenty-four megahertz of spectrum occupied by television broadcasters has been earmarked for use by first responders as soon as the television broadcasters return the spectrum broadcasters being used to provide analog transmissions. 

This spectrum would be ideal to provide first responders with 

interoperable communications channels. 

(4) Large parts of the vacated spectrum could be auctioned 

for advanced commercial services, such as wireless broadband. 

(5) The 85 percent penetration test described in paragraph 

(2)(B) could delay the termination of analog television broadcasts and the return of spectrum well beyond 2007, hindering 

the use of that spectrum for these important public safety and 

advanced commercial uses. 

(6) While proposals to require broadcasters to return, on a 

date certain, the spectrum earmarked for future public safety 

use may improve the ability of public safety entities to begin 

planning for use of this spectrum, such proposals have certain 

deficiencies. The proposals would require the dislocation of up 

to 75 broadcast stations, which also serve a critical public safety function by broadcasting weather, traffic, disaster, and other 

safety alerts. Such disparate treatment of broadcasters would be 

unfair to the broadcasters and their respective viewers. Requiring the return of all analog broadcast spectrum by a date certain would have the benefit of addressing the digital television 

transition in a comprehensive fashion that treats all broadcasters and viewers equally, while freeing spectrum for advanced commercial services. 

(7) The Federal Communications Commission should consider all regulatory means available to expedite the return of 

the analog spectrum. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) Congress must act to pass legislation in the first session 

of the 109th Congress that establishes a comprehensive approach to the timely return of analog broadcast spectrum as 

early as December 31, 2006; and 

(2) any delay in the adoption of the legislation described in 

paragraph (1) will delay the ability of public safety entities to 

begin planning to use this needed spectrum. 

SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND 

REQUIREMENTS. 

(a) ALLOCATIONS OF SPECTRUM FOR EMERGENCY RESPONSE

PROVIDERS.—The Federal Communications Commission shall, in 

consultation with the Secretary of Homeland Security and the National Telecommunications and Information Administration, conduct a study to assess short-term and long-term needs for allocations of additional portions of the electromagnetic spectrum for Federal, State, and local emergency response providers, including 

whether or not an additional allocation of spectrum in the 700 

megahertz band should be granted by Congress to such emergency 

response providers. 

(b) STRATEGIES TO MEET PUBLIC SAFETY TELECOMMUNICATIONS REQUIREMENTS.—The Secretary of Homeland Security 

shall, in consultation with the Federal Communications Commission and the National Telecommunications and Information AdminVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00222 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
223 

istration, conduct a study to assess strategies that may be used to 

meet public safety telecommunications needs, including— 

(1) the need and efficacy of deploying nationwide interoperable communications networks (including the potential technical and operational standards and protocols for nationwide 

interoperable broadband mobile communications networks that 

may be used by Federal, State, regional, and local governmental and nongovernmental public safety, homeland security, 

and other emergency response personnel); 

(2) the capacity of public safety entities to utilize wireless 

broadband applications; and 

(3) the communications capabilities of all emergency response providers, including hospitals and health care workers, 

and current efforts to promote communications coordination 

and training among emergency response providers. 

(c) STUDY REQUIREMENTS.—In conducting the studies required 

by subsections (a) and (b), the Secretary of Homeland Security and 

the Federal Communications Commission shall— 

(1) seek input from Federal, State, local, and regional emergency response providers regarding the operation and administration of a potential nationwide interoperable broadband mobile communications network; and 

(2) consider the use of commercial wireless technologies to 

the greatest extent practicable. 

(d) REPORTS.—(1) Not later than one year after the date of enactment of this Act, the Federal Communications Commission (in 

the case of the study required by subsection (a)) and the Secretary 

of Homeland Security (in the case of the study required by subsection (b)) shall submit to the appropriate committees of Congress 

a report on such study, including the findings of such study. 

(2) In this subsection, the term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(B) the Committee on Energy and Commerce and the Select 

Committee on Homeland Security of the House of Representatives. 

Subtitle F—Presidential Transition 

SEC. 7601. PRESIDENTIAL TRANSITION. 

(a) SERVICES PROVIDED PRESIDENT-ELECT.—Section 3 of the 

Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended— 

(1) by adding after subsection (a)(8)(A)(iv) the following: 

‘‘(v) Activities under this paragraph shall include 

the preparation of a detailed classified, compartmented 

summary by the relevant outgoing executive branch officials of specific operational threats to national security; major military or covert operations; and pending 

decisions on possible uses of military force. This summary shall be provided to the President-elect as soon as 

possible after the date of the general elections held to 

224 

determine the electors of President and Vice President 

under section 1 or 2 of title 3, United States Code.’’; 

(2) by redesignating subsection (f) as subsection (g); and 

(3) by adding after subsection (e) the following: 

‘‘(f)(1) The President-elect should submit to the Federal Bureau 

of Investigation or other appropriate agency and then, upon taking 

effect and designation, to the agency designated by the President 

under section 115(b) of the National Intelligence Reform Act of 

2004, the names of candidates for high level national security positions through the level of undersecretary of cabinet departments as 

soon as possible after the date of the general elections held to determine the electors of President and Vice President under section 1 or 

2 of title 3, United States Code. 

‘‘(2) The responsible agency or agencies shall undertake and 

complete as expeditiously as possible the background investigations 

necessary to provide appropriate security clearances to the individuals who are candidates described under paragraph (1) before the 

date of the inauguration of the President-elect as President and the 

inauguration of the Vice-President-elect as Vice President.’’. 

(b) SENSE OF THE SENATE REGARDING EXPEDITED CONSIDERATION OF NATIONAL SECURITY NOMINEES.—It is the sense of the 

Senate that— 

(1) the President-elect should submit the nominations of 

candidates for high-level national security positions, through 

the level of undersecretary of cabinet departments, to the Senate 

by the date of the inauguration of the President-elect as President; and 

(2) for all such national security nominees received by the 

date of inauguration, the Senate committees to which these 

nominations are referred should, to the fullest extent possible, 

complete their consideration of these nominations, and, if such 

nominations are reported by the committees, the full Senate 

should vote to confirm or reject these nominations, within 30 

days of their submission. 

(c) SECURITY CLEARANCES FOR TRANSITION TEAM MEMBERS.— 

(1) DEFINITION.—In this section, the term ‘‘major party’’ 

shall have the meaning given under section 9002(6) of the Internal Revenue Code of 1986. 

(2) IN GENERAL.—Each major party candidate for President 

may submit, before the date of the general election, requests for 

security clearances for prospective transition team members who 

will have a need for access to classified information to carry out 

their responsibilities as members of the President-elect’s transition team. 

(3) COMPLETION DATE.—Necessary background investigations and eligibility determinations to permit appropriate prospective transition team members to have access to classified information shall be completed, to the fullest extent practicable, 

by the day after the date of the general election. 

(d) EFFECTIVE DATE.—Notwithstanding section 351, this section 

and the amendments made by this section shall take effect on the 

date of enactment of this Act. 

225 

Subtitle G—Improving International 

Standards and Cooperation to Fight Terrorist Financing 

SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO FIGHT TERRORIST FINANCING. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The global war on terrorism and cutting off terrorist financing is a policy priority for the United States and its partners, working bilaterally and multilaterally through the United 

Nations, the United Nations Security Council and its committees, such as the 1267 and 1373 Committees, the Financial Action Task Force (FATF), and various international financial institutions, including the International Monetary Fund (IMF), 

the International Bank for Reconstruction and Development 

(IBRD), and the regional multilateral development banks, and 

other multilateral fora. 

(2) The international financial community has become engaged in the global fight against terrorist financing. The Financial Action Task Force has focused on the new threat posed by 

terrorist financing to the international financial system, resulting in the establishment of the FATF’s Eight Special Recommendations on Terrorist Financing as the international 

standard on combating terrorist financing. The Group of Seven 

and the Group of Twenty Finance Ministers are developing action plans to curb the financing of terror. In addition, other economic and regional fora, such as the Asia-Pacific Economic Cooperation (APEC) Forum, and the Western Hemisphere Financial Ministers, have been used to marshal political will and actions in support of combating the financing of terrorism (CFT) 

standards. 

(3) FATF’s Forty Recommendations on Money Laundering 

and the Eight Special Recommendations on Terrorist Financing 

are the recognized global standards for fighting money laundering and terrorist financing. The FATF has engaged in an 

assessment process for jurisdictions based on their compliance 

with these standards. 

(4) In March 2004, the IMF and IBRD Boards agreed to 

make permanent a pilot program of collaboration with the 

FATF to assess global compliance with the FATF Forty Recommendations on Money Laundering and the Eight Special 

Recommendations on Terrorist Financing. As a result, antimoney laundering (AML) and combating the financing of terrorism (CFT) assessments are now a regular part of their Financial Sector Assessment Program (FSAP) and Offshore Financial Center assessments, which provide for a comprehensive 

analysis of the strength of a jurisdiction’s financial system. 

These reviews assess potential systemic vulnerabilities, consider 

sectoral development needs and priorities, and review the state 

of implementation of and compliance with key financial codes 

and regulatory standards, among them the AML and CFT 

standards. 

(5) To date, 70 FSAPs have been conducted, with over 24 

of those incorporating AML and CFT assessments. The interVerDate Aug 04 2004 09:32 Dec 10, 2004 Jkt 097107 PO 00000 Frm 00225 Fmt 6659 Sfmt 6603 E:\HR\OC\HR796.XXX HR796
226 

national financial institutions (IFIs), the FATF, and the FATFstyle regional bodies together are expected to assess AML and 

CFT regimes in up to 40 countries or jurisdictions per year. 

This will help countries and jurisdictions identify deficiencies 

in their AML and CFT regimes and help focus technical assistance efforts. 

(6) Technical assistance programs from the United States 

and other nations, coordinated with the Department of State 

and other departments and agencies, are playing an important 

role in helping countries and jurisdictions address shortcomings in their AML and CFT regimes and bringing their regimes into conformity with international standards. Training is 

coordinated within the United States Government, which 

leverages multilateral organizations and bodies and international financial institutions to internationalize the conveyance of technical assistance. 

(7) In fulfilling its duties in advancing incorporation of 

AML and CFT standards into the IFIs as part of the IFIs’ work 

on protecting the integrity of the international monetary system, 

the Department of the Treasury, under the guidance of the Secretary of the Treasury, has effectively brought together all of the 

key United States Government agencies. In particular, United 

States Government agencies continue to work together to foster 

broad support for this important undertaking in various multilateral fora, and United States Government agencies recognize 

the need for close coordination and communication within our 

own Government. 

(b) SENSE OF CONGRESS REGARDING SUCCESS IN MULTILATERAL ORGANIZATIONS.—It is the sense of Congress that the Secretary 

of the Treasury should continue to promote the dissemination of 

international AML and CFT standards, and to press for full implementation of the FATF 40 + 8 Recommendations by all countries in 

order to curb financial risks and hinder terrorist financing around 

the globe. The efforts of the Secretary in this regard should include, 

where necessary or appropriate, multilateral action against countries whose counter-money laundering regimes and efforts against 

the financing of terrorism fall below recognized international standards. 

SEC. 7702. DEFINITIONS. 

In this subtitle— 

(1) the term ‘‘international financial institutions’’ has the 

same meaning as in section 1701(c)(2) of the International Financial Institutions Act; 

(2) the term ‘‘Financial Action Task Force’’ means the international policy-making and standard-setting body dedicated to 

combating money laundering and terrorist financing that was 

created by the Group of Seven in 1989; and 

(3) the terms ‘‘Interagency Paper on Sound Practices to 

Strengthen the Resilience of the U.S. Financial System’’ and 

‘‘Interagency Paper’’ mean the interagency paper prepared by 

the Board of Governors of the Federal Reserve System, the 

Comptroller of the Currency, and the Securities and Exchange 

Commission that was announced in the Federal Register on 

April 8, 2003. 

227 

SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS 

FOR THE SECRETARY OF THE TREASURY. 

(a) REPORTING REQUIREMENTS.—Section 1503(a) of the International Financial Institutions Act (22 U.S.C. 262o–2(a)) is amended by adding at the end the following: 

‘‘(15) Work with the International Monetary Fund to— 

‘‘(A) foster strong global anti-money laundering (AML) 

and combat the financing of terrorism (CFT) regimes; 

‘‘(B) ensure that country performance under the Financial Action Task Force anti-money laundering and 

counterterrorist financing standards is effectively and comprehensively monitored; 

‘‘(C) ensure note is taken of AML and CFT issues in 

Article IV reports, International Monetary Fund programs, 

and other regular reviews of country progress; 

‘‘(D) ensure that effective AML and CFT regimes are 

considered to be indispensable elements of sound financial 

systems; and 

‘‘(E) emphasize the importance of sound AML and CFT 

regimes to global growth and development.’’. 

(b) TESTIMONY.—Section 1705(b) of the International Financial 

Institutions Act (22 U.S.C. 262r–4(b)) is amended— 

(1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(4) the status of implementation of international antimoney laundering and counterterrorist financing standards by 

the International Monetary Fund, the multilateral development 

banks, and other multilateral financial policymaking bodies.’’. 

SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS. 

The Secretary of the Treasury, or the designee of the Secretary, 

as the lead United States Government official to the Financial Action Task Force (FATF), shall continue to convene the interagency 

United States Government FATF working group. This group, which 

includes representatives from all relevant Federal agencies, shall 

meet at least once a year to advise the Secretary on policies to be 

pursued by the United States regarding the development of common 

international AML and CFT standards, to assess the adequacy and 

implementation of such standards, and to recommend to the Secretary improved or new standards, as necessary. 

Subtitle H—Emergency Financial 

Preparedness 

SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE 

TREASURY. 

Section 306(d) of title 31, United States Code, is amended by 

inserting ‘‘or employee’’ after ‘‘another officer’’. 

228 

SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY 

PREPAREDNESS AND RESPONSE AND CONSUMER EDUCATION. 

(a) FINDINGS.—Congress finds that the Secretary of the Treasury— 

(1) has successfully communicated and coordinated with 

the private-sector financial services industry about financial infrastructure preparedness and response issues; 

(2) has successfully reached out to State and local governments and regional public-private partnerships, such as 

ChicagoFIRST, that protect employees and critical infrastructure by enhancing communication and coordinating plans for 

disaster preparedness and business continuity; and 

(3) has set an example for the Department of Homeland Security and other Federal agency partners, whose active participation is vital to the overall success of the activities described 

in paragraphs (1) and (2). 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of the Treasury, in consultation with the Secretary of 

Homeland Security, other Federal agency partners, and private-sector financial organization partners, should— 

(1) furnish sufficient personnel and technological and financial resources to educate consumers and employees of the financial services industry about domestic counterterrorist financing activities, particularly about— 

(A) how the public and private sector organizations involved in such activities can combat terrorism while protecting and preserving the lives and civil liberties of consumers and employees of the financial services industry; 

and 

(B) how the consumers and employees of the financial 

services industry can assist the public and private sector 

organizations involved in such activities; and 

(2) submit annual reports to Congress on efforts to accomplish subparagraphs (A) and (B) of paragraph (1). 

(c) REPORT ON PUBLIC-PRIVATE PARTNERSHIPS.—Before the end 

of the 6-month period beginning on the date of enactment of this 

Act, the Secretary of the Treasury shall submit a report to the Committee on Financial Services of the House of Representatives and the 

Committee on Banking, Housing, and Urban Affairs of the Senate 

containing— 

(1) information on the efforts that the Department of the 

Treasury has made to encourage the formation of public-private 

partnerships to protect critical financial infrastructure and the 

type of support that the Department has provided to such partnerships; and 

(2) recommendations for administrative or legislative action 

regarding such partnerships, as the Secretary may determine to 

be appropriate. 

SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Emergency 

Securities Response Act of 2004’’. 

(b) EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECURITIES AND EXCHANGE COMMISSION.— 

229 

(1) EXTENSION OF AUTHORITY.—Section 12(k)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended 

to read as follows: 

‘‘(2) EMERGENCY ORDERS.— 

‘‘(A) IN GENERAL.—The Commission, in an emergency, 

may by order summarily take such action to alter, supplement, suspend, or impose requirements or restrictions with 

respect to any matter or action subject to regulation by the 

Commission or a self-regulatory organization under the securities laws, as the Commission determines is necessary in 

the public interest and for the protection of investors— 

‘‘(i) to maintain or restore fair and orderly securities markets (other than markets in exempted securities); 

‘‘(ii) to ensure prompt, accurate, and safe clearance 

and settlement of transactions in securities (other than 

exempted securities); or 

‘‘(iii) to reduce, eliminate, or prevent the substantial disruption by the emergency of— 

‘‘(I) securities markets (other than markets in 

exempted securities), investment companies, or any 

other significant portion or segment of such markets; or 

‘‘(II) the transmission or processing of securities transactions (other than transactions in exempted securities). 

‘‘(B) EFFECTIVE PERIOD.—An order of the Commission 

under this paragraph shall continue in effect for the period 

specified by the Commission, and may be extended. Except 

as provided in subparagraph (C), an order of the Commission under this paragraph may not continue in effect for 

more than 10 business days, including extensions. 

‘‘(C) EXTENSION.—An order of the Commission under 

this paragraph may be extended to continue in effect for 

more than 10 business days if, at the time of the extension, 

the Commission finds that the emergency still exists and 

determines that the continuation of the order beyond 10 

business days is necessary in the public interest and for the 

protection of investors to attain an objective described in 

clause (i), (ii), or (iii) of subparagraph (A). In no event shall 

an order of the Commission under this paragraph continue 

in effect for more than 30 calendar days. 

‘‘(D) SECURITY FUTURES.—If the actions described in 

subparagraph (A) involve a security futures product, the 

Commission shall consult with and consider the views of 

the Commodity Futures Trading Commission. 

‘‘(E) EXEMPTION.—In exercising its authority under this 

paragraph, the Commission shall not be required to comply 

with the provisions of— 

‘‘(i) section 19(c); or 

‘‘(ii) section 553 of title 5, United States Code.’’. 

(c) CONSULTATION; DEFINITION OF EMERGENCY.—Section 

12(k)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(6)) 

is amended to read as follows: 

230 

‘‘(6) CONSULTATION.—Prior to taking any action described 

in paragraph (1)(B), the Commission shall consult with and 

consider the views of the Secretary of the Treasury, the Board 

of Governors of the Federal Reserve System, and the Commodity 

Futures Trading Commission, unless such consultation is impracticable in light of the emergency. 

‘‘(7) DEFINITIONS.—For purposes of this subsection— 

‘‘(A) the term ‘emergency’ means— 

‘‘(i) a major market disturbance characterized by 

or constituting— 

‘‘(I) sudden and excessive fluctuations of securities prices generally, or a substantial threat 

thereof, that threaten fair and orderly markets; or 

‘‘(II) a substantial disruption of the safe or efficient operation of the national system for clearance and settlement of transactions in securities, 

or a substantial threat thereof; or 

‘‘(ii) a major disturbance that substantially disrupts, or threatens to substantially disrupt— 

‘‘(I) the functioning of securities markets, investment companies, or any other significant portion or segment of the securities markets; or 

‘‘(II) the transmission or processing of securities transactions; and 

‘‘(B) notwithstanding section 3(a)(47), the term ‘securities laws’ does not include the Public Utility Holding Company Act of 1935.’’. 

(d) PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY

WITH RESPECT TO GOVERNMENT SECURITIES.—Section 15C of the 

Securities Exchange Act of 1934 (15 U.S.C. 78o–5) is amended by 

adding at the end the following: 

‘‘(h) EMERGENCY AUTHORITY.—The Secretary may, by order, 

take any action with respect to a matter or action subject to regulation by the Secretary under this section, or the rules of the Secretary 

under this section, involving a government security or a market 

therein (or significant portion or segment of that market), that the 

Commission may take under section 12(k)(2) with respect to transactions in securities (other than exempted securities) or a market 

therein (or significant portion or segment of that market).’’. 

(e) JOINT REPORT ON IMPLEMENTATION OF FINANCIAL SYSTEM

RESILIENCE RECOMMENDATIONS.— 

(1) REPORT REQUIRED.—Not later than April 30, 2006, the 

Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Securities and Exchange Commission shall prepare and submit to the Committee on Financial Services of the House of Representatives and the Committee 

on Banking, Housing, and Urban Affairs of the Senate a joint 

report on the efforts of the private sector to implement the Interagency Paper on Sound Practices to Strengthen the Resilience 

of the U.S. Financial System. 

(2) CONTENTS OF REPORT.—The report required by paragraph (1) shall— 

(A) examine the efforts to date of private sector financial services firms covered by the Interagency Paper to implement enhanced business continuity plans; 

231 

(B) examine the extent to which the implementation of 

such business continuity plans has been done in a geographically dispersed manner, including an analysis of the 

extent to which such firms have located their main and 

backup facilities in separate electrical networks, in different 

watersheds, in independent transportation systems, and 

using separate telecommunications centers, and the cost 

and technological implications of further dispersal; 

(C) examine the need to cover a larger range of private 

sector financial services firms that play significant roles in 

critical financial markets than those covered by the Interagency Paper; and 

(D) recommend legislative and regulatory changes that 

will— 

(i) expedite the effective implementation of the 

Interagency Paper by all covered financial services entities; and 

(ii) optimize the effective implementation of business continuity planning by the financial services industry. 

(3) CONFIDENTIALITY.—Any information provided to the 

Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or the Securities and Exchange Commission for the purposes of the preparation and submission of the 

report required by paragraph (1) shall be treated as privileged 

and confidential. For purposes of section 552 of title 5, United 

States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section 552. 

(4) DEFINITION.—As used in this subsection, the terms 

‘‘Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System’’ and ‘‘Interagency Paper’’ 

mean the interagency paper prepared by the Board of Governors 

of the Federal Reserve System, the Comptroller of the Currency, 

and the Securities and Exchange Commission that was announced in the Federal Register on April 8, 2003. 

SEC. 7804. PRIVATE SECTOR PREPAREDNESS. 

It is the sense of Congress that the insurance industry and credit-rating agencies, where relevant, should carefully consider a company’s compliance with standards for private sector disaster and 

emergency preparedness in assessing insurability and creditworthiness, to ensure that private sector investment in disaster and emergency preparedness is appropriately encouraged. 

TITLE VIII—OTHER MATTERS 

Subtitle A—Intelligence Matters 

SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER. 

(a) IN GENERAL.—The Director of National Intelligence shall establish a formal relationship, including information sharing, between the elements of the intelligence community and the National 

Infrastructure Simulation and Analysis Center. 

232 

(b) PURPOSE.—The purpose of the relationship under subsection 

(a) shall be to permit the intelligence community to take full advantage of the capabilities of the National Infrastructure Simulation 

and Analysis Center, particularly vulnerability and consequence 

analysis, for real time response to reported threats and long term 

planning for projected threats. 

Subtitle B—Department of Homeland 

Security Matters 

SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Geospatial technologies and geospatial data improve 

government capabilities to detect, plan for, prepare for, and respond to disasters in order to save lives and protect property. 

(2) Geospatial data improves the ability of information 

technology applications and systems to enhance public security 

in a cost-effective manner. 

(3) Geospatial information preparedness in the United 

States, and specifically in the Department of Homeland Security, is insufficient because of— 

(A) inadequate geospatial data compatibility; 

(B) insufficient geospatial data sharing; and 

(C) technology interoperability barriers. 

(b) HOMELAND SECURITY GEOSPATIAL INFORMATION.—Section 

703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Chief Information’’; and 

(2) by adding at the end the following: 

‘‘(b) GEOSPATIAL INFORMATION FUNCTIONS.— ‘‘(1) 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. 

‘‘(2) OFFICE OF GEOSPATIAL MANAGEMENT.— 

‘‘(A) ESTABLISHMENT.—The Office of Geospatial Management is established within the Office of the Chief Information Officer. 

233 

‘‘(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 216 of 

the E-Government Act of 2002 (44 U.S.C. 3501 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–16 and Executive Order 12906; 

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. 

234 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to 

carry out this subsection for each fiscal year.’’. 

Subtitle C—Homeland Security Civil Rights 

and Civil Liberties Protection 

SEC. 8301. SHORT TITLE. 

This subtitle may be cited as the ‘‘Homeland Security Civil 

Rights and Civil Liberties Protection Act of 2004’’. 

SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY. 

Section 101(b)(1) of the Homeland Security Act of 2002 (6 

U.S.C. 111(b)(1)) is amended— 

(1) in subparagraph (F), by striking ‘‘and’’ after the semicolon; 

(2) by redesignating subparagraph (G) as subparagraph 

(H); and 

(3) by inserting after subparagraph (F) the following: 

‘‘(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’’. 

SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. 

Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C. 

345(a)) is amended— 

(1) by amending the matter preceding paragraph (1) to 

read as follows: 

‘‘(a) IN GENERAL.—The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall—’’; 

(2) by amending paragraph (1) to read as follows: 

‘‘(1) 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;’’; 

(3) in paragraph (2), by striking the period at the end and 

inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(3) 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; 

‘‘(4) 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; 

‘‘(5) 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 

‘‘(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector 

235 

General of the Department determines that any such complaint 

or information should be investigated by the Inspector General.’’. 

SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF INSPECTOR GENERAL. 

Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) 

is amended by adding at the end the following: 

‘‘(f)(1) The Inspector General of the Department of Homeland 

Security shall designate a senior official within the Office of Inspector General, who shall be a career member of the civil service at the 

equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in paragraph (2). 

‘‘(2) The senior official designated under paragraph (1) shall— 

‘‘(A) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or 

civil liberties; 

‘‘(B) receive and review complaints and information from 

any source alleging abuses of civil rights and civil liberties by 

employees or officials of the Department and employees or officials of independent contractors or grantees of the Department; 

‘‘(C) initiate investigations of alleged abuses of civil rights 

or civil liberties by employees or officials of the Department and 

employees or officials of independent contractors or grantees of 

the Department; 

‘‘(D) ensure that personnel within the Office of Inspector 

General receive sufficient training to conduct effective civil 

rights and civil liberties investigations; 

‘‘(E) consult with the Officer for Civil Rights and Civil Liberties regarding— 

‘‘(i) alleged abuses of civil rights or civil liberties; and 

‘‘(ii) any policy recommendations regarding civil rights 

and civil liberties that may be founded upon an investigation by the Office of Inspector General; 

‘‘(F) provide the Officer for Civil Rights and Civil Liberties 

with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties; 

‘‘(G) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil 

Rights and Civil Liberties; 

‘‘(H) ensure that the Office of the Inspector General publicizes and provides convenient public access to information regarding— 

‘‘(i) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and 

‘‘(ii) the status of corrective actions taken by the Department in response to Office of the Inspector General reports; and 

‘‘(I) inform the Officer for Civil Rights and Civil Liberties 

of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties.’’. 

SEC. 8305. PRIVACY OFFICER. 

Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 

142) is amended— 

236 

(1) in the matter preceding paragraph (1), by inserting ‘‘, 

who shall report directly to the Secretary,’’ after ‘‘in the Department’’; 

(2) in paragraph (4), by striking ‘‘and’’ at the end; 

(3) by redesignating paragraph (5) as paragraph (6); and 

(4) by inserting after paragraph (4) the following: 

‘‘(5) 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’’. 

SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE 

DEPARTMENT OF HOMELAND SECURITY. 

The Secretary of Homeland Security shall ensure that the Department of Homeland Security complies with the protections for 

human research subjects, as described in part 46 of title 45, Code 

of Federal Regulations, or in equivalent regulations as promulgated 

by such Secretary, with respect to research that is conducted or supported by the Department. 

Subtitle D—Other Matters 

SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO ENHANCE AGENCY PLANNING FOR INFORMATION SECURITY 

NEEDS. 

Chapter 113 of title 40, United States Code, is amended— 

(1) in section 11302(b), by inserting ‘‘security,’’ after ‘‘use,’’; 

(2) in section 11302(c), by inserting ‘‘, including information security risks,’’ after ‘‘risks’’ both places it appears; 

(3) in section 11312(b)(1), by striking ‘‘information technology investments’’ and inserting ‘‘investments in information 

technology (including information security needs)’’; and 

(4) in section 11315(b)(2), by inserting ‘‘, secure,’’ after 

‘‘sound’’. 

SEC. 8402. ENTERPRISE ARCHITECTURE. 

(a) ENTERPRISE ARCHITECTURE DEFINED.—In this section, the 

term ‘‘enterprise architecture’’ means a detailed outline or blueprint 

of the information technology of the Federal Bureau of Investigation 

that will satisfy the ongoing mission and goals of the Federal Bureau of Investigation and that sets forth specific and identifiable 

benchmarks. 

(b) ENTERPRISE ARCHITECTURE.—The Federal Bureau of Investigation shall— 

(1) continually maintain and update an enterprise architecture; and 

(2) maintain a state of the art and up to date information 

technology infrastructure that is in compliance with the enterprise architecture of the Federal Bureau of Investigation. 

(c) REPORT.—Subject to subsection (d), the Director of the Federal Bureau of Investigation shall, on an annual basis, submit to 

the Committees on the Judiciary of the Senate and House of Representatives a report on whether the major information technology 

237 

investments of the Federal Bureau of Investigation are in compliance with the enterprise architecture of the Federal Bureau of Investigation and identify any inability or expectation of inability to meet 

the terms set forth in the enterprise architecture. 

(d) FAILURE TO MEET TERMS.—If the Director of the Federal 

Bureau of Investigation identifies any inability or expectation of inability to meet the terms set forth in the enterprise architecture in 

a report under subsection (c), the report under subsection (c) shall— 

(1) be twice a year until the inability is corrected; 

(2) include a statement as to whether the inability or expectation of inability to meet the terms set forth in the enterprise 

architecture is substantially related to resources; and 

(3) if the inability or expectation of inability is substantially related to resources, include a request for additional 

funding that would resolve the problem or a request to reprogram funds that would resolve the problem. 

(e) ENTERPRISE ARCHITECTURE, AGENCY PLANS AND RE- PORTS.—This section shall be carried out in compliance with the requirements set forth in section 1016 (e) and (h). 

SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS. 

(a) STUDY.—Not later than 90 days after the date of enactment 

of this Act, the Office of Government Ethics shall submit to Congress a report— 

(1) evaluating the financial disclosure process for employees 

of the executive branch of Government; and 

(2) making recommendations for improving that process. 

(b) TRANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY AP- POINTED POSITIONS TO PRESIDENTIAL CANDIDATES.— (1) DEFINITION.—In this section, the term ‘‘major party’’ has 

the meaning given that term under section 9002(6) of the Internal Revenue Code of 1986. 

(2) TRANSMITTAL.— (A) IN GENERAL.—Not later than 15 days after the date 

on which a major party nominates a candidate for President, the Office of Personnel Management shall transmit an 

electronic record to that candidate on Presidentially appointed positions. 

(B) OTHER CANDIDATES.—After making transmittals 

under subparagraph (A), the Office of Personnel Management may transmit an electronic record on Presidentially 

appointed positions to any other candidate for President. 

(3) CONTENT.—The record transmitted under this subsection shall provide— 

(A) all positions which are appointed by the President, 

including the title and description of the duties of each position; 

(B) the name of each person holding a position described under subparagraph (A); 

(C) any vacancy in the positions described under subparagraph (A), and the period of time any such position 

has been vacant; 

(D) the date on which an appointment made after the 

applicable Presidential election for any position described 

under subparagraph (A) is necessary to ensure effective operation of the Government; and 

238 

(E) any other information that the Office of Personnel 

Management determines is useful in making appointments. 

(c) REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH

SENATE CONFIRMATION.— 

(1) DEFINITION.—In this subsection, the term ‘‘agency’’ 

means an Executive agency as defined under section 105 of title 

5, United States Code. 

(2) REDUCTION PLAN.— 

(A) IN GENERAL.—Not later than 180 days after the 

date of enactment of this Act, the head of each agency shall 

submit a Presidential appointment reduction plan to— 

(i) the President; 

(ii) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(iii) the Committee on Government Reform of the 

House of Representatives. 

(B) CONTENT.—The plan under this paragraph shall 

provide for the reduction of— 

(i) the number of positions within that agency that 

require an appointment by the President, by and with 

the advice and consent of the Senate; and 

(ii) the number of levels of such positions within 

that agency. 

(d) OFFICE OF GOVERNMENT ETHICS REVIEW OF CONFLICT OF

INTEREST LAW.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Director of the Office of Government 

Ethics, in consultation with the Attorney General of the United 

States, shall conduct a comprehensive review of conflict of interest laws relating to executive branch employment and submit a 

report to— 

(A) the President; 

(B) the Committees on Homeland Security and Governmental Affairs and the Judiciary of the Senate; 

(C) the Committees on Government Reform and the Judiciary of the House of Representatives. 

(2) CONTENTS.—The report under this subsection shall examine sections 203, 205, 207, and 208 of title 18, United States 

Code. 

SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO 

HONOR TICKETS FOR SUSPENDED AIR PASSENGER SERVICE. 

Section 145(c) of the Aviation and Transportation Security Act 

(49 U.S.C. 40101 note) is amended by striking ‘‘more than’’ and all 

that follows and inserting ‘‘after November 19, 2005.’’. 

And the House agree to the same. 

PETER HOEKSTRA, 

DAVID DREIER, 

HENRY HYDE, 

DUNCAN HUNTER, 

JANE HARMAN, 

ROBERT MENENDEZ, 

IKE SKELTON, 

Managers on the Part of the House. 

239 

SUSAN M. COLLINS, JOE LIEBERMAN, TRENT LOTT, RICHARD J. DURBIN, MIKE DEWINE, PAT ROBERTS, JOHN D. ROCKEFELLER, IV, 

GEORGE V. VOINOVICH, JOHN E. SUNUNU, BOB GRAHAM, FRANK R. LAUTENBERG, NORM COLEMAN, 

Managers on the Part of the Senate. 

(241) 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

THE CONFERENCE 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the House to the bill (S. 2845), to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes, 

submit the following joint statement to the House and the Senate 

in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report. 

The House amendment struck all of the Senate bill after the 

enacting clause and inserted a substitute text. The Senate recedes 

from its disagreement to the amendment of the House with an 

amendment that is a substitute for the Senate bill and the House 

amendment. 

A summary of the substitute agreed to in conference is set 

forth below: 

This legislation in part implements the recommendations of 

the National Commission on Terrorist Attacks Upon the United 

States (the ‘‘9/11 Commission’’) but also responds to other studies 

and related commissions which focused on intelligence reform for 

protecting the United State against acts of terrorism. In July 2004, 

the 9/11 Commission released a comprehensive report chronicling 

the circumstances leading up to the terrorist attacks of September 

11, 2001. The Commission made over forty recommendations to 

strengthen the United States’s ability to prevent future terrorist attacks. These recommendations included reorganization of the U.S. 

Intelligence Community by creating an empowered Director of National Intelligence (DNI) and a National Counterterrorism Center 

(NCTC). The recommendations also spanned a variety of other 

areas such as foreign policy and transportation security. This conference report makes a number of necessary changes in government structure, law enforcement, and security arrangements to 

protect the American people better. 

Intelligence 

DNI. A number of past studies have found that the current Director of Central Intelligence lacks sufficient authority to steward 

the Intelligence Community and transform it into an agile network 

to fight terrorist networks. In response, and as envisioned by the 

Senate bill and the House amendment, the conference report creates a DNI appointed by the President, confirmed by the Senate, 

and without the responsibility of directing the Central Intelligence 

Agency. Also as envisioned by the Senate bill and the House 

amendment, the DNI would head the Intelligence Community; 

serve as the principal intelligence adviser to the President; and 

242 

oversee and direct the implementation of the National Intelligence 

Program. 

The conference report’s formulation of the DNI’s authorities is 

a composite of the authorities in the Senate bill and the House 

amendment. For example, relying on various House and Senate 

provisions, the conference report gives the DNI strong authority 

concerning the National Intelligence Program, such as unambiguous authority to task collection and analysis. The conference report does not expand authority under which information is classified, which is pursuant to Executive Order or other Presidential directive, but rather directs the DNI to establish and implement 

guidelines for the intelligence community for the purpose of such 

classification of information. In addition, the Conferees recognize 

the need to provide the DNI with enhanced personnel transfer 

flexibility in order to maximize the Intelligence Community’s 

functionality. The Conferees encourage the DNI to consult with the 

Committees of the Congress enumerated by this provision to establish mutually agreeable procedures to fulfill the notice requirements in this provision. 

NCTC. The NCTC is an innovation designed to achieve horizontal integration or ‘‘matrix management’’ for the Executive 

Branch—meaning seamless coordination across departmental lines 

against interdisciplinary problems epitomized by terrorism. Once 

again fusing perspectives from the Senate bill and the House 

amendment, the NCTC would be the primary Executive Branch organization for counterterrorism intelligence and strategic operational planning. 

Security Clearances and FBI Restructuring. The conference report rationalizes the Executive Branch’s security clearance process, 

which currently cannot satisfy the demand for clearances in government and the private sector. Merging visions articulated in the 

Senate bill and the House amendment, the conference report seeks 

to bring greater efficiency, speed, and interagency reciprocity to the 

security clearance process while maintaining the highest standards. Finally, the conference report contains a series of provisions, 

taken from the Senate bill and the House amendment, to restructure and buttress the FBI’s intelligence capability. 

Information Sharing. In order to help the government better 

‘‘connect the dots,’’ the conference report requires that the President establish an Information Sharing Environment to facilitate 

the sharing of terrorism information, through the use of policy 

guidelines and technologies. 

Other issues 

Intelligence reorganization, while critical, is only one part of 

the larger task of protecting the United States against terrorism 

and combating the root causes of terrorism. Indeed, the 

transnational threat of terrorism cuts across a disparate array of 

issues: e.g., diplomacy, economic development, immigration, and 

transportation. Thus the conference report focuses not only on intelligence reform but also on a spectrum of other reforms designed 

to protect Americans. 

Foreign Relations. The conference report has a number of provisions concerning relations between the United States and key 

243 

Middle Eastern and South Asian countries as well as to improve 

the manner in which the United States conducts its foreign relations. For example, the conference report attempts to improve U.S. 

public diplomacy, educational and cultural exchange programs, and 

foreign media outreach in order to build good will and promote democracy and prosperity in the Middle East. The conference report 

also includes provisions designed to strengthen United States policy to develop and implement a strategy to eliminate terrorist sanctuaries. 

Transportation Security. The conference report blends House 

and Senate language on similar concerns. The conference report requires a national transportation security strategy, improves the use 

of passenger watchlists, and otherwise enhances the safety of aviation and other forms of travel. Additionally, the conference report 

includes House provisions relating to the use of biometric technology to regulate access to secure areas of airports and Senate 

provisions relating to air cargo and general aviation security. 

Terrorist Travel and Effective Screening. These sections include an array of measures to disrupt terrorist travel and intercept 

terrorists. For instance, the conference report would improve intelligence collection and analysis on terrorist travel. Also, it would 

tighten security standards for key identification documents including driver’s licenses, birth certificates, and social security numbers. 

Border Protection, Immigration, and Visa Matters. These provisions are designed to enhance security of U.S. borders and the 

enforcement of border and immigration laws. For example, the conference report blends House and Senate provisions that call for an 

increase in the number of full-time border patrol agents. The conference report also includes Senate provisions that permit the Secretary of Homeland Security to carry out a pilot program to test 

advanced technologies that will improve border security between 

ports of entry along the northern border of the United States. And 

it includes a House provision that increases detention bed space 

available for immigration detention and removal. 

Terrorism Prevention. These sections include measures to provide additional enforcement tools against terrorist activity, e.g. 

money laundering and terrorist financing laws. The conference report adopts a House provision to amend the Foreign Intelligence 

Surveillance Act concerning ‘‘lone wolf’’ terrorists; a similar provision had previously passed the Senate. 

Diplomacy, Foreign Aid, and the Military in the War on Terrorism. In these provisions, the conference report guides the Executive Branch concerning the use of all elements of national power— 

including diplomacy, military action, intelligence, law enforcement, 

economic policy, foreign aid, public diplomacy, and homeland defense—to win the war on terrorism. The conference report adopts 

Senate language on U.S.-Saudi relations and efforts to combat 

Islamist terrorism. In addition, it includes House language on terrorist sanctuaries and U.S. assistance to Afghanistan and Pakistan. 

National Preparedness. The conference report consolidates several sections on the Incident Command System and interoperable 

communications from the Senate bill and the House amendment. It 

244 

includes a Senate provision authorizing mutual aid for first responders in the National Capital Region. 

Civil liberties and privacy 

The conference report creates a Privacy and Civil Liberties 

Oversight Board that is charged with ensuring that privacy and 

civil liberties concerns are appropriately considered in the implementation of laws, regulations, and policies of the government related to efforts to protect the Nation against terrorism. The conference report also expresses a sense of the Congress that a civil 

liberties and privacy officer should be designated for each department and agency that carries out law enforcement or anti-terrorism 

functions. 

The task of protecting the United States against terrorism 

poses a daunting challenge. This conference report is a significant 

step in the right direction for America. 

PETER HOEKSTRA, 

DAVID DREIER, 

HENRY HYDE, 

DUNCAN HUNTER, 

JANE HARMAN, 

ROBERT MENENDEZ, 

IKE SKELTON, 

Managers on the Part of the House. 

SUSAN M. COLLINS, JOE LIEBERMAN, TRENT LOTT, RICHARD J. DURBIN, 

MIKE DEWINE, 

PAT ROBERTS, JOHN D. ROCKEFELLER, IV, 

GEORGE V. VOINOVICH, JOHN E. SUNUNU, 

BOB GRAHAM, FRANK R. LAUTENBERG, NORM COLEMAN, Managers on the Part of the Senate. 

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