PUBLIC LAW 108–458—DEC. 17, 2004

INTELLIGENCE REFORM AND TERRORISM

PREVENTION ACT OF 2004

118 STAT. 3638 PUBLIC LAW 108–458—DEC. 17, 2004

Public Law 108–458

108th Congress

An Act

To reform the intelligence community and the intelligence and intelligence-related

activities of the United States Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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.

Intelligence

Reform and

Terrorism

Prevention Act of

2004.

50 USC 401 note.

Dec. 17, 2004

[S. 2845]

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3639

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.

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.

118 STAT. 3640 PUBLIC LAW 108–458—DEC. 17, 2004

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.

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.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3641

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.

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.

118 STAT. 3642 PUBLIC LAW 108–458—DEC. 17, 2004

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. 7113. Pilot program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.

Sec. 7114. International Youth Opportunity Fund.

Sec. 7115. The use of economic policies to combat terrorism.

Sec. 7116. Middle East partnership initiative.

Sec. 7117. Comprehensive coalition strategy for fighting terrorism.

Sec. 7118. Financing of terrorism.

Sec. 7119. Designation of foreign terrorist organizations.

Sec. 7120. Report to Congress.

Sec. 7121. Case-Zablocki Act requirements.

Sec. 7122. 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.

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.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3643

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.

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:

50 USC 401 note.

National Security

Intelligence

Reform Act of

2004.

118 STAT. 3644 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘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 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

50 USC 403–1.

President.

Congress.

50 USC 403.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3645

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.

‘‘(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.

118 STAT. 3646 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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 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—

Reports.

Deadlines.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3647

‘‘(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.

‘‘(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

Notice.

Notification.

Reports.

118 STAT. 3648 PUBLIC LAW 108–458—DEC. 17, 2004

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;

‘‘(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

Notice.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3649

‘‘(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

‘‘(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.

Policies.

118 STAT. 3650 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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.

‘‘(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—

Procedures. ‘‘(1) implement policies and procedures—

Deadline.

Reports.

President.

Procedures.

Requirements.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3651

‘‘(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;

‘‘(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

Guidelines.

118 STAT. 3652 PUBLIC LAW 108–458—DEC. 17, 2004

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.

‘‘(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.

Regulations.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3653

‘‘(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

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).

118 STAT. 3654 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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).

‘‘(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:

President.

Reports.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3655

‘‘(A) The term ‘intelligence program’, with respect to the

acquisition of a major system, means a program that—

‘‘(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

Establishment.

50 USC 403–3.

118 STAT. 3656 PUBLIC LAW 108–458—DEC. 17, 2004

National Intelligence 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.

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

in a position specified in paragraph (2)—

President.

Congress.

50 USC 403–3a.

Effective date.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3657

‘‘(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.

‘‘(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

Requirements.

Establishment.

50 USC 403–3b.

118 STAT. 3658 PUBLIC LAW 108–458—DEC. 17, 2004

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 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

Government

organization.

50 USC 403–3d.

President.

Congress.

50 USC 403–3c.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3659

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;

‘‘(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 TECH- NOLOGY 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.

Government

organization.

Government

organization.

50 USC 403–3e.

118 STAT. 3660 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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;

‘‘(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

President.

Congress.

50 USC 403–4a.

50 USC 403–4.

Government

organization.

50 USC 403–3f.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3661

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.

(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;

50 USC 403–4b.

50 USC 403–4b

note.

118 STAT. 3662 PUBLIC LAW 108–458—DEC. 17, 2004

(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.’’.

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

50 USC 403–1

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3663

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 concurrence 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

Applicability.

50 USC 403–6.

118 STAT. 3664 PUBLIC LAW 108–458—DEC. 17, 2004

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:

‘‘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).

6 USC 485.

Applicability.

Applicability.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3665

(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

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;

President.

118 STAT. 3666 PUBLIC LAW 108–458—DEC. 17, 2004

(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 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.

President.

Deadline.

President.

Electronic

directory.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3667

(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.—

(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—

Deadline.

President.

Notification.

118 STAT. 3668 PUBLIC LAW 108–458—DEC. 17, 2004

(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 program

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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3669

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;

(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;

118 STAT. 3670 PUBLIC LAW 108–458—DEC. 17, 2004

(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 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:

50 USC 403 note.

Deadline.

Establishment.

Guidelines.

50 USC 403–1

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3671

(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

(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

Deadline.

50 USC 403–1a.

118 STAT. 3672 PUBLIC LAW 108–458—DEC. 17, 2004

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:

‘‘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.

President.

Congress.

50 USC 404o.

50 USC 403–1a

note.

Deadline.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3673

‘‘(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, 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

118 STAT. 3674 PUBLIC LAW 108–458—DEC. 17, 2004

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.

‘‘(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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3675

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

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.

Deadline.

President.

50 USC 404o–1.

Establishment.

Establishment.

118 STAT. 3676 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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

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

50 USC 404o–2.

President.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3677

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).’’.

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.

Establishment.

50 USC 402–1.

118 STAT. 3678 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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 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 CHAIR- MAN.—(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 recommendations 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—

50 USC 403–1b.

Procedures.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3679

(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 elements of the intelligence community.

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 crossdisciplinary 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

50 USC 441g–2.

50 USC 441g–1.

Notification.

Deadline.

Reports.

118 STAT. 3680 PUBLIC LAW 108–458—DEC. 17, 2004

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

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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3681

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 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

118 STAT. 3682 PUBLIC LAW 108–458—DEC. 17, 2004

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 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,

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3683

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

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.

50 USC 403–1c.

50 USC 403–1

note.

118 STAT. 3684 PUBLIC LAW 108–458—DEC. 17, 2004

(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.

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

5 USC 601 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3685

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 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;

118 STAT. 3686 PUBLIC LAW 108–458—DEC. 17, 2004

(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 request 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.

President.

Congress.

President.

Reports.

Deadline.

Notification.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3687

(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

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 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

118 STAT. 3688 PUBLIC LAW 108–458—DEC. 17, 2004

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, 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.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3689

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)).

(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)).

118 STAT. 3690 PUBLIC LAW 108–458—DEC. 17, 2004

(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)).

(D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it

appears.

(E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).

(F) 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 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’’:

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3691

(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

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’’.

50 USC 403–3

note.

50 USC 402a.

18 USC app. 9.

50 USC 403–4

note.

118 STAT. 3692 PUBLIC LAW 108–458—DEC. 17, 2004

(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’’.

(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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3693

(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))’’.

(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.

118 STAT. 3694 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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 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.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3695

‘‘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:

‘‘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

118 STAT. 3696 PUBLIC LAW 108–458—DEC. 17, 2004

(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.’’.

(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.

50 USC 401 note.

5 USC app. 105.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3697

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

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.

President.

50 USC 401 note.

50 USC 401 note.

50 USC 401 note.

50 USC 401 note.

118 STAT. 3698 PUBLIC LAW 108–458—DEC. 17, 2004

(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.

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.

President.

50 USC 401 note.

50 USC 401 note.

50 USC 401 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3699

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 attendance 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:

118 STAT. 3700 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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 those

to which such provision is held invalid shall not be affected thereby.

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,

28 USC 532 note.

50 USC 401 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3701

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.

(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.

118 STAT. 3702 PUBLIC LAW 108–458—DEC. 17, 2004

(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 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

INVESTIGATION.—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

INTELLIGENCE CAREER SERVICE.—The Director of the Federal

Bureau of Investigation may—

28 USC 532 note.

Government

organization.

28 USC 532 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3703

(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 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.

118 STAT. 3704 PUBLIC LAW 108–458—DEC. 17, 2004

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.’’.

(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—

Deadline.

Reports.

28 USC 509 note.

Applicability.

Termination

date.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3705

(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 fulltime, 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

(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’’.

50 USC 435b.

118 STAT. 3706 PUBLIC LAW 108–458—DEC. 17, 2004

(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.

(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);

Deadline.

President.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3707

(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 investigations 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

Deadline.

President.

118 STAT. 3708 PUBLIC LAW 108–458—DEC. 17, 2004

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 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 CLEARANCE 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;

Deadline.

Establishment.

Procedures.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3709

(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 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

Deadlines.

Deadline.

Reports.

118 STAT. 3710 PUBLIC LAW 108–458—DEC. 17, 2004

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.

(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 TRANSPORTATION

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).

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3711

‘‘(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.

‘‘(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

118 STAT. 3712 PUBLIC LAW 108–458—DEC. 17, 2004

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;

‘‘(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,

Deadline.

Guidelines.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3713

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—

‘‘(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.

Procedures.

Deadline.

118 STAT. 3714 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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

identification, 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:

Appropriation

authorization.

Appropriation

authorization.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3715

‘‘(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 appropriate 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

Establishment.

Procedures.

Deadlines.

118 STAT. 3716 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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

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

Applicability.

Deadline.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3717

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.— ‘‘(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—

(A) by striking ‘‘paragraph (5),’’ in paragraph (4) and

inserting ‘‘paragraphs (5) and (6),’’; and

(B) 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

Deadline.

118 STAT. 3718 PUBLIC LAW 108–458—DEC. 17, 2004

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

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

Public

information.

Public

information.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3719

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:

‘‘§ 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 walkthrough 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

Appropriation

authorization.

Deadline.

118 STAT. 3720 PUBLIC LAW 108–458—DEC. 17, 2004

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.’’.

(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

49 USC 44917

note.

Deadline.

Reports.

49 USC 44935

note.

49 USC 44925

note.

Deadline.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3721

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 Department 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

Deadline.

49 USC 44901

note.

118 STAT. 3722 PUBLIC LAW 108–458—DEC. 17, 2004

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 congressional 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

49 USC 44901

note.

49 USC 44923

note.

Deadline.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3723

year 2005 such sums as may be necessary to carry out this section.

Such sums shall remain available until expended.

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

Reports.

Deadline.

Standards.

49 USC 44703

note.

Deadline.

118 STAT. 3724 PUBLIC LAW 108–458—DEC. 17, 2004

committees on, the standards for effectiveness, administrability,

ease of compliance, and consistency with the requirements of

existing law.

(c) INTEGRATION OF FEDERAL AIRPORT WORKFORCE AND AVIA- TION 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

22 USC 2751

note.

Deadline.

49 USC 44913

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3725

component, 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

118 STAT. 3726 PUBLIC LAW 108–458—DEC. 17, 2004

annually 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:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means—

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3727

(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.

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’’.

118 STAT. 3728 PUBLIC LAW 108–458—DEC. 17, 2004

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 sum 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.

(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;

Appropriation

authorization.

49 USC 44901

note.

Deadline.

49 USC 44901

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3729

(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.

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

46 USC 70101

note.

Deadline.

Procedures.

118 STAT. 3730 PUBLIC LAW 108–458—DEC. 17, 2004

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.

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’’.

Guidelines.

Procedures.

Regulations.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3731

(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).

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.

49 USC 44901

note.

118 STAT. 3732 PUBLIC LAW 108–458—DEC. 17, 2004

(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

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

8 USC 1712 note.

8 USC 1712 note.

49 USC 114 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3733

(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;

(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;

Deadline.

8 USC 1701 note.

8 USC 1712 note.

8 USC 1712 note.

8 USC 1712 note.

118 STAT. 3734 PUBLIC LAW 108–458—DEC. 17, 2004

(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

positions 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

Effective date.

Effective date.

Effective date.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3735

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

‘‘(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,

118 STAT. 3736 PUBLIC LAW 108–458—DEC. 17, 2004

except such nationals who possess nationalities of countries

that are not designated as state sponsors of 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:

‘‘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.

8 USC 1155 note.

8 USC 1202 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3737

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, 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:

Deadline.

118 STAT. 3738 PUBLIC LAW 108–458—DEC. 17, 2004

(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.

(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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3739

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).

(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.

118 STAT. 3740 PUBLIC LAW 108–458—DEC. 17, 2004

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.

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:

8 USC 1182 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3741

‘‘(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE COM- MITTED 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 VIO- LATIONS 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).

‘‘(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

118 STAT. 3742 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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.

50 USC 1801

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3743

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:

‘‘TITLE VI—REPORTING REQUIREMENT

‘‘Sec. 601. Semiannual report of the Attorney General.

50 USC 1871

note.

50 USC 1801

note.

118 STAT. 3744 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘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.’’.

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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3745

(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)—

(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)—

31 USC 5311

note.

31 USC 5311

note.

31 USC 5311

note.

31 USC 5311

note.

115 Stat. 296.

International

Money

Laundering

Abatement and

Financial

Antiterrorism

Technical

Corrections Act

of 2004.

31 USC 5301

note.

118 STAT. 3746 PUBLIC LAW 108–458—DEC. 17, 2004

(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’’.

(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

31 USC 5331

note.

31 USC 5301.

31 USC 310 note.

22 USC 262p–4r.

12 USC 1953.

31 USC 5311

note.

12 USC 1842

note, 1828 note.

31 USC 5318.

31 USC 5312.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3747

(2) in the heading of paragraph (4), by striking ‘‘DEFINI- TION’’ 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’’.

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

12 USC 1828

note.

118 STAT. 3748 PUBLIC LAW 108–458—DEC. 17, 2004

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

submitted 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

Regulations.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3749

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, 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

118 STAT. 3750 PUBLIC LAW 108–458—DEC. 17, 2004

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

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

Certification.

Deadline.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3751

(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 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

Applicability.

118 STAT. 3752 PUBLIC LAW 108–458—DEC. 17, 2004

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

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

Notice.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3753

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

INSURED 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.

‘‘(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

Applicability.

118 STAT. 3754 PUBLIC LAW 108–458—DEC. 17, 2004

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.

‘‘(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.

12 USC 1786

note.

Notice.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3755

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;

(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

Private Security

Officer

Employment

Authorization

Act of 2004.

28 USC 534 note.

42 USC 5119a

note.

118 STAT. 3756 PUBLIC LAW 108–458—DEC. 17, 2004

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.

(ii) ACCESS.—An authorized employer shall provide

to the employee confidential access to any information

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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3757

(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;

(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—

Deadline.

Notification.

118 STAT. 3758 PUBLIC LAW 108–458—DEC. 17, 2004

(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

(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.

Deadline.

Reports.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3759

(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

non-criminal 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;

(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

Procedures.

118 STAT. 3760 PUBLIC LAW 108–458—DEC. 17, 2004

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

Rule 6(e)(3)(D) may use the information only consistent with such guidelines as the Attorney General 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)’’.

18 USC app.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3761

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

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

Material Support

to Terrorism

Prohibition

Enhancement

Act of 2004.

18 USC 2331

note.

118 STAT. 3762 PUBLIC LAW 108–458—DEC. 17, 2004

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,’’.

(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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3763

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 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.

118 STAT. 3764 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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

(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:

18 USC 1 note.

Stop Terrorist

and Military

Hoaxes Act of

2004.

18 USC 2339C.

18 USC 2339C.

18 USC 2332b

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3765

‘‘§ 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.

‘‘(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.

118 STAT. 3766 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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—

(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;

Weapons of Mass

Destruction

Prohibition

Improvement Act

of 2004.

18 USC 1 note.

Deadline.

28 USC 994 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3767

‘‘(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)’’;

(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 DESTRUC- TION OFFENSES.—Section 1961(1)(B) of title 18, United States Code,

Effective date.

18 USC 175b

note.

118 STAT. 3768 PUBLIC LAW 108–458—DEC. 17, 2004

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

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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3769

(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

dissemination. 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

18 USC 175c

note.

Prevention of

Terrorist Access

to Destructive

Weapons Act of

2004.

18 USC 1 note.

118 STAT. 3770 PUBLIC LAW 108–458—DEC. 17, 2004

(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).

‘‘(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.—

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3771

‘‘(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,’’;

(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

118 STAT. 3772 PUBLIC LAW 108–458—DEC. 17, 2004

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) 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

‘‘(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 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.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3773

‘‘(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;

‘‘(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.’’.

118 STAT. 3774 PUBLIC LAW 108–458—DEC. 17, 2004

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

(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);’’.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3775

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

(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.

22 USC 2656

note.

6 USC 101 note.

9/11 Commission

Implementation

Act of 2004.

18 USC 3141

note.

Pretrial

Detention of

Terrorists Act of

2004.

118 STAT. 3776 PUBLIC LAW 108–458—DEC. 17, 2004

(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.

(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

22 USC 2656f

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3777

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.—

(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

President.

50 USC app.

2405 note.

50 USC app.

2405 note.

118 STAT. 3778 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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 7120(b) of the

9/11 Commission Implementation Act of 2004.’’.

(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.

22 USC 2656f

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3779

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;

(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’’. 115 Stat. 405.

115 Stat. 404.

115 Stat. 403.

118 STAT. 3780 PUBLIC LAW 108–458—DEC. 17, 2004

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;

(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

Afghanistan

Freedom Support

Act Amendments

of 2004.

22 USC 7501

note.

22 USC 7511

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3781

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:

‘‘(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.—

Deadlines.

22 USC 7514

note.

118 STAT. 3782 PUBLIC LAW 108–458—DEC. 17, 2004

(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 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.

Deadline.

President.

22 USC 7555.

22 USC 7511

note.

22 USC 7513

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3783

‘‘(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;

‘‘(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

22 USC 7513

note.

President.

118 STAT. 3784 PUBLIC LAW 108–458—DEC. 17, 2004

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

Afghanistan, 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—

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3785

‘‘(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.

‘‘(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

118 STAT. 3786 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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).’’.

(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

President.

22 USC 7536

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3787

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.— (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

22 USC 7536a.

22 USC 7537,

7538.

118 STAT. 3788 PUBLIC LAW 108–458—DEC. 17, 2004

agencies, should expand cooperation with the Government of

Afghanistan and international organizations involved in

counter-drug 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

‘‘(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 SUPPORT ACT OF 2002.—

(1) EXTENSION OF REPORTS ON IMPLEMENTATION OF

STRATEGY.—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.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3789

(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

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 anti-Muslim.

(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, nonVerDate 11-MAY-2000 09:41 Feb 02, 2005 Jkt 039139 PO 00458 Frm 00153 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL458.108 APPS06 PsN: PUBL458
118 STAT. 3790 PUBLIC LAW 108–458—DEC. 17, 2004

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

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;

22 USC 1431

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3791

(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.

(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

118 STAT. 3792 PUBLIC LAW 108–458—DEC. 17, 2004

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 Educational 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

22 USC 2732.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3793

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

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

22 USC 3922b.

22 USC 2651a

note.

118 STAT. 3794 PUBLIC LAW 108–458—DEC. 17, 2004

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

(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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3795

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 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

22 USC 4029.

118 STAT. 3796 PUBLIC LAW 108–458—DEC. 17, 2004

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 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 peopleto-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

22 USC 2451

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3797

to carry out programs under this section, unless otherwise authorized by Congress.

SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICANSPONSORED 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

schools are located in more than 20 countries with predominantly 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 lowerincome 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

22 USC 2452

note.

118 STAT. 3798 PUBLIC LAW 108–458—DEC. 17, 2004

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.

SEC. 7114. 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. 7115. 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.

22 USC 2228.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3799

(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.

(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. 7116. 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. 7117. 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.

22 USC 2656

note.

118 STAT. 3800 PUBLIC LAW 108–458—DEC. 17, 2004

(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.— (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. 7118. 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—

President.

Establishment.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3801

(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.

SEC. 7119. 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).

Deadline.

118 STAT. 3802 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(III) PUBLICATION OF DETERMINATION.—A

determination made by the Secretary under this

clause shall be published in the Federal Register.

‘‘(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)—

Effective date.

Federal Register,

publication.

Applicability.

Federal Register,

publication.

Federal Register,

publication.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3803

(A) in paragraph (3)(B), by striking ‘‘subsection (b)’’

and inserting ‘‘subsection (c)’’;

(B) in paragraph (6)(A)—

(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. 7120. 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;

President.

Applicability.

8 USC 1189 note.

118 STAT. 3804 PUBLIC LAW 108–458—DEC. 17, 2004

(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

address 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;

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3805

(E) ways to promote greater tolerance and respect for

cultural and religious diversity in Saudi Arabia and

throughout the Islamic world; and

(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

118 STAT. 3806 PUBLIC LAW 108–458—DEC. 17, 2004

Muslim world in order to present those programs to a

much broader Muslim audience than is currently reached.

(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 PROGRAMS.— 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 7114(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.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3807

(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. 7121. 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’.

‘‘(2) The report described in paragraph (1) may be submitted

in classified form.’’.

Reports.

Public

information.

Deadline.

118 STAT. 3808 PUBLIC LAW 108–458—DEC. 17, 2004

(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. 7122. 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.

(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

8 USC 1776 note.

1 USC 112a note.

1 USC 112b note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3809

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);

(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;

50 USC 404o

note.

Deadline.

Reports.

118 STAT. 3810 PUBLIC LAW 108–458—DEC. 17, 2004

(E) the actions required to integrate current terrorist

mobility intelligence into military force protection measures;

(F) the additional assistance to be given to the interagency Human Smuggling and Trafficking Center for purposes of combatting terrorist travel, including further developing and expanding enforcement and operational capabilities that address terrorist travel;

(G) the actions to be taken to aid in the sharing of

information between the frontline border agencies of the

Department of Homeland Security, the Department of

State, and classified and unclassified sources of

counterterrorist travel intelligence and information elsewhere in the Federal Government, including the Human

Smuggling and Trafficking Center;

(H) the development and implementation of procedures

to enable the National Counterterrorism Center, or its

designee, to timely receive terrorist travel intelligence and

documentation obtained at consulates and ports of entry,

and by law enforcement officers and military personnel;

(I) the use of foreign and technical assistance to

advance border security measures and law enforcement

operations against terrorist travel facilitators;

(J) the feasibility of developing a program to provide

each consular, port of entry, and immigration benefits office

with a counterterrorist travel expert trained and authorized

to use the relevant authentication technologies and cleared

to access all appropriate immigration, law enforcement,

and intelligence databases;

(K) the feasibility of digitally transmitting suspect

passport information to a central cadre of specialists, either

as an interim measure until such time as experts described

under subparagraph (J) are available at consular, port

of entry, and immigration benefits offices, or otherwise;

(L) the development of a mechanism to ensure the

coordination and dissemination of terrorist travel intelligence and operational information among the Department

of Homeland Security, the Department of State, the

National Counterterrorism Center, and other appropriate

agencies;

(M) granting consular officers and immigration adjudicators, as appropriate, the security clearances necessary

to access law enforcement sensitive and intelligence databases; and

(N) how to integrate travel document screening for

terrorism indicators into border screening, and how to

integrate the intelligence community into a robust travel

document screening process to intercept terrorists.

(c) FRONTLINE COUNTERTERRORIST TRAVEL TECHNOLOGY AND

TRAINING.—

(1) TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.—

Not later than 180 days after the date of enactment of this

Act, the Secretary of Homeland Security, in conjunction with

the Secretary of State, shall submit to Congress a plan

describing how the Department of Homeland Security and the

Department of State can acquire and deploy, to the maximum

Deadline.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3811

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;

(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.

8 USC 1776.

118 STAT. 3812 PUBLIC LAW 108–458—DEC. 17, 2004

(3) IMPLEMENTATION.—

(A) DEPARTMENT OF HOMELAND SECURITY.—

(i) IN GENERAL.—The Secretary of Homeland Security shall provide all border and immigration officials

who inspect or review travel or identity documents

as part of their official duties with the training

described in paragraph (1)(C).

(ii) REPORT TO CONGRESS.—Not later than 12

months after the date of enactment of this Act, and

annually thereafter for a period of 3 years, the Secretary of Homeland Security shall submit a report

to Congress that—

(I) describes the number of border and

immigration officials who inspect or review

identity documents as part of their official duties,

and the proportion of whom have received the

revised training program described in paragraph

(1)(C)(i);

(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);

(III) provides a timetable for completion of

the training described in paragraph (1)(C)(i) for

those who have not received such training; and

(IV) describes the status of periodic retraining

of appropriate personnel described in paragraph

(1)(C)(ii).

(B) DEPARTMENT OF STATE.—

(i) IN GENERAL.—The Secretary of State shall provide all consular officers who inspect or review travel

or identity documents as part of their official duties

with the training described in paragraph (1)(C).

(ii) REPORT TO CONGRESS.—Not later than 12

months after the date of enactment of this Act, and

annually thereafter for a period of 3 years, the Secretary of State shall submit a report to Congress that—

(I) describes the number of consular officers

who inspect or review travel or identity documents

as part of their official duties, and the proportion

of whom have received the revised training program described in paragraph (1)(C)(i);

(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);

(III) provides a timetable for completion of

the training described in paragraph (1)(C)(i) for

those who have not received such training; and

(IV) describes the status of periodic retraining

of appropriate personnel described in paragraph

(1)(C)(ii).

(4) ASSISTANCE TO OTHERS.—The Secretary of Homeland

Security may assist States, Indian tribes, local governments,

and private organizations to establish training programs related

to terrorist travel intelligence.

(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary for

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3813

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.

(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.

Reports.

8 USC 1777.

50 USC 403–1

note.

118 STAT. 3814 PUBLIC LAW 108–458—DEC. 17, 2004

(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 antifraud 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

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,

22 USC 2656

note.

Deadline.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3815

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 TERRORIST TRAVEL.—

(1) INTERNATIONAL AGREEMENT ON LOST, STOLEN, OR FALSIFIED 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 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—

118 STAT. 3816 PUBLIC LAW 108–458—DEC. 17, 2004

(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.—

(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.

Certification.

President.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3817

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 IMMIGRATION 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 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.

8 USC 1365b.

Deadline.

Deadline.

118 STAT. 3818 PUBLIC LAW 108–458—DEC. 17, 2004

(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,

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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3819

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 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.—

Deadline.

Deadline.

118 STAT. 3820 PUBLIC LAW 108–458—DEC. 17, 2004

(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;

(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

PROCESS.—

(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

President.

Establishment.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3821

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;

(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—

118 STAT. 3822 PUBLIC LAW 108–458—DEC. 17, 2004

(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 INTERNATIONAL

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

(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;

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3823

(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)).

(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

Deadline.

8 USC 1185 note.

118 STAT. 3824 PUBLIC LAW 108–458—DEC. 17, 2004

(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;

(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

8 USC 1225a

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3825

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).

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

5 USC 301 note.

Deadline.

Establishment.

118 STAT. 3826 PUBLIC LAW 108–458—DEC. 17, 2004

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;

(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.

Deadline.

Regulations.

Effective date.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3827

(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.

(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.

49 USC 30301

note.

Effective date.

118 STAT. 3828 PUBLIC LAW 108–458—DEC. 17, 2004

(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

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;

Deadline.

Regulations.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3829

(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;

(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.

118 STAT. 3830 PUBLIC LAW 108–458—DEC. 17, 2004

(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 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

Deadlines.

42 USC 405 note.

Effective date.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3831

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—

(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.—

Deadline.

Establishment.

118 STAT. 3832 PUBLIC LAW 108–458—DEC. 17, 2004

(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).’’.

(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;

6 USC 123.

42 USC 405 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3833

(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

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;

22 USC 4807.

Deadline.

118 STAT. 3834 PUBLIC LAW 108–458—DEC. 17, 2004

(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.—

(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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3835

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.

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.—

49 USC 44901

note.

8 USC 1202 note.

118 STAT. 3836 PUBLIC LAW 108–458—DEC. 17, 2004

(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

(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

Deadline.

Deadline.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3837

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, not 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

equally between those favoring and those opposing the

resolution. 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, nor shall it be in order

118 STAT. 3838 PUBLIC LAW 108–458—DEC. 17, 2004

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;

(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

Deadline.

Deadline.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3839

(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 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

118 STAT. 3840 PUBLIC LAW 108–458—DEC. 17, 2004

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.

(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

42 USC 5196

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3841

(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 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

118 STAT. 3842 PUBLIC LAW 108–458—DEC. 17, 2004

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 extent 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

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3843

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);

(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

6 USC 194.

118 STAT. 3844 PUBLIC LAW 108–458—DEC. 17, 2004

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

(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

6 USC 321.

Deadline.

President.

Canada.

Mexico.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3845

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.—

(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

Deadline.

118 STAT. 3846 PUBLIC LAW 108–458—DEC. 17, 2004

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;

(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.—

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3847

(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—

(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

Deadline.

6 USC 194 note.

118 STAT. 3848 PUBLIC LAW 108–458—DEC. 17, 2004

(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.

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—

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3849

(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.

(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.

6 USC 194 note.

118 STAT. 3850 PUBLIC LAW 108–458—DEC. 17, 2004

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

Development 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 coordination 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.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3851

(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 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.

Establishment.

President.

Congress.

6 USC 112 note.

118 STAT. 3852 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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

Policy, 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;

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3853

‘‘(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 Department for the previous fiscal year. The review and evaluation

shall—

‘‘(A) describe the counternarcotics activities of the

Department and each subdivision of the Department

(whether individually or in cooperation with other subdivisions of the Department, or in cooperation with other

branches of the Federal Government or with State or local

agencies), including the methods, procedures, and systems

(including computer systems) for collecting, analyzing,

sharing, and disseminating information concerning narcotics activity within the Department and between the

Department and other Federal, State, and local agencies;

‘‘(B) describe the results of those activities, using quantifiable data whenever possible;

‘‘(C) state whether those activities were sufficient to

meet the responsibility of the Department to stop the entry

of illegal drugs into the United States, including a description of the performance measures of effectiveness that were

used in making that determination; and

‘‘(D) recommend, where appropriate, changes to those

activities to improve the performance of the Department

in meeting its responsibility to stop the entry of illegal

drugs into the United States.

‘‘(3) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMATION.—Any content of a review and evaluation described in

the reports required in this subsection that involves information

classified under criteria established by an Executive order,

or whose public disclosure, as determined by the Secretary,

would be detrimental to the law enforcement or national security activities of the Department or any other Federal, State,

or local agency, shall be presented to Congress separately from

the rest of the review and evaluation.’’.

(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.

Deadline.

118 STAT. 3854 PUBLIC LAW 108–458—DEC. 17, 2004

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, 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

6 USC 413.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3855

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.

(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

118 STAT. 3856 PUBLIC LAW 108–458—DEC. 17, 2004

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 Administration, 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:

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3857

‘‘(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 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 Presidentelect’s transition team.

(3) COMPLETION DATE.—Necessary background investigations and eligibility determinations to permit appropriate

prospective transition team members to have access to classified

50 USC 435b

note.

President.

118 STAT. 3858 PUBLIC LAW 108–458—DEC. 17, 2004

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.

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

31 USC 5311

note.

3 USC 102 note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3859

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

international financial institutions (IFIs), the FATF, and the

FATF-style 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

31 USC 5311

note.

118 STAT. 3860 PUBLIC LAW 108–458—DEC. 17, 2004

Comptroller of the Currency, and the Securities and Exchange

Commission that was announced in the Federal Register on

April 8, 2003.

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’’.

31 USC 5311

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3861

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 privatesector 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.—

Emergency

Securities

Response Act of

2004.

15 USC 78a note.

118 STAT. 3862 PUBLIC LAW 108–458—DEC. 17, 2004

(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:

‘‘(6) CONSULTATION.—Prior to taking any action described

in paragraph (1)(B), the Commission shall consult with and

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3863

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;

(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

118 STAT. 3864 PUBLIC LAW 108–458—DEC. 17, 2004

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.

(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

50 USC 403–1

note.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3865

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.

‘‘(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.

6 USC 343 note.

118 STAT. 3866 PUBLIC LAW 108–458—DEC. 17, 2004

‘‘(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 EGovernment 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.

‘‘(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.’’.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3867

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

General of the Department determines that any such complaint

or information should be investigated by the Inspector General.’’.

Homeland

Security Civil

Rights and Civil

Liberties

Protection Act of

2004.

6 USC 101 note.

118 STAT. 3868 PUBLIC LAW 108–458—DEC. 17, 2004

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—

(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;

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3869

(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 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.

28 USC 531 note.

6 USC 112 note.

118 STAT. 3870 PUBLIC LAW 108–458—DEC. 17, 2004

(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 REPORTS.—

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

APPOINTED 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

(E) any other information that the Office of Personnel

Management determines is useful in making appointments.

Deadline.

5 USC 1101 note.

Deadline.

Reports.

PUBLIC LAW 108–458—DEC. 17, 2004 118 STAT. 3871

(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.

Deadline.

Reports.

Deadline.

118 STAT. 3872 PUBLIC LAW 108–458—DEC. 17, 2004

LEGISLATIVE HISTORY—S. 2845 (H.R. 10):

HOUSE REPORTS: Nos. 108–724, Pt. 1 (Permanent Select Comm. on Intelligence),

Pt. 2 (Comm. on Armed Services), Pt. 3 (Comm. on Financial

Services), Pt. 4 (Comm. on Government Reform), and Pt. 5

(Comm. on the Judiciary) all accompanying H.R. 10, and

108–796 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 27–30, Oct. 1, 4–6, considered and passed Senate.

Oct. 16, considered and passed House pursuant to H. Res. 827.

Dec. 7, House agreed to conference report.

Dec. 8, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Dec. 17, Presidential remarks and statement.

Æ

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.’’.

Approved December 17, 2004.