148 
∆Subchapter B—Additional Enforcement 
Tools 
∆SEC. 2121. BUREAU OF ENGRAVING AND PRINTING SECU-
RITY 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 Treas-
ury’’ and inserting: 
∆‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.— 
∆‘‘(1) IN GENERAL.—The Secretary of the Treas-
ury’’; 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 deter-
mines 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.
149 
∆‘‘(3) 
PROCUREMENT
GUIDELINES.—Articles, 
material, and supplies procured for use in the pro-
duction of currency, postage stamps, and other secu-
rity 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 ‘‘agen-
cy’’; 
∆(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 en-
sure prompt payment by a foreign government of any 
invoice or statement of account submitted by the Sec-
retary with respect to services rendered under section 
5114’’ before the period at the end.
150 
∆SEC. 2122. CONDUCT IN AID OF COUNTERFEITING. 
∆(a) IN GENERAL.—Section 474(a) of title 18, United 
States Code, is amended by inserting after the paragraph 
beginning ‘‘Whoever has in his control, custody, or posses-
sion any plate’’ the following: 
∆‘‘ Whoever, with intent to defraud, has in his custody, 
control, or possession any material that can be used to 
make, alter, forge or counterfeit any obligations and other 
securities of the United States or any part of such securities 
and obligations, except under the authority of the Secretary 
of the Treasury; or’’. 
∆(b) FOREIGN OBLIGATIONS AND SECURITIES.—Sec-
tion 481 of title 18, United States Code, is amended by in-
serting after the paragraph beginning ‘‘Whoever, with in-
tent to defraud’’ the following: 
∆‘‘ Whoever, with intent to defraud, has in his custody, 
control, or possession any material that can be used to 
make, alter, forge or counterfeit any obligation or other se-
curity of any foreign government, bank or corporation; or’’. 
∆(c) COUNTERFEIT ACTS.—Section 470 of title 18, 
United States Code, is amended by striking ‘‘or 474’’ and 
inserting ‘‘474, or 474A’’. 
∆(d) MATERIALS USED IN COUNTERFEITING.—Section 
474A(b) of title 18, United States Code, is amended by 
striking ‘‘any essentially identical’’ and inserting ‘‘any 
thing or material made after or in the similitude of any’’.
151 
∆Subtitle F—Criminal History 
Background Checks 
∆SEC. 2141. SHORT TITLE. 
∆This subtitle may be cited as the ‘‘Criminal History 
Access Means Protection of Infrastructures and Our Na-
tion’’. 
∆SEC. 2142. CRIMINAL HISTORY INFORMATION CHECKS. 
∆(a) IN GENERAL.—Section 534 of title 28, United 
States Code, is amended by adding at the end the following: 
∆‘‘(f)(1) Under rules prescribed by the Attorney Gen-
eral, the Attorney General shall establish and maintain a 
system for providing to an employer criminal history infor-
mation that— 
∆‘‘(A) is in the possession of the Attorney Gen-
eral; and 
∆‘‘(B) is requested by an employer as part of an 
employee criminal history investigation that has been 
authorized by the State where the employee works or 
where the employer has their principal place of busi-
ness; 
∆in order to ensure that a prospective employee is suit-
able for certain employment positions. 
∆‘‘(2) The Attorney General shall require that an em-
ployer seeking criminal history information of an employee 
request such information and submit fingerprints or other
152 
biometric identifiers as approved by the Attorney General 
to provide a positive and reliable identification of such pro-
spective employee. 
∆‘‘(3) The Director of the Federal Bureau of Investiga-
tion may require an employer to pay a reasonable fee for 
such information. 
∆‘‘(4) Upon receipt of fingerprints or other biometric 
identifiers, the Attorney General shall conduct an Inte-
grated Fingerprint Identification System of the Federal 
Bureau of Investigation (IAFIS) check and provide the re-
sults of such check to the requester. 
∆‘‘(5) As used in this subsection, 
∆‘‘(A) the term ‘criminal history information’ 
and ‘criminal history records’ includes— 
∆‘‘(i) an identifying description of the indi-
vidual to whom it pertains; 
∆‘‘(ii) notations of arrests, detentions, in-
dictments, or other formal criminal charges per-
taining to such individual; and 
∆‘‘(iii) any disposition to a notation re-
vealed in subparagraph (B), including acquittal, 
sentencing, correctional supervision, or release. 
∆‘‘(B) the term ‘Integrated Automated Finger-
print Identification System of the Federal Bureau of 
Investigation (IAFIS)’ means the national depository
153 
for fingerprint, biometric, and criminal history infor-
mation, through which fingerprints are processed elec-
tronically. 
∆‘‘(6) Nothing in this subsection shall preclude the At-
torney General from authorizing or requiring criminal his-
tory record checks on individuals employed or seeking em-
ployment in positions vital to the Nation’s critical infra-
structure or key resources as those terms are defined in sec-
tion 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)) 
and section 2(9) of the Homeland Security Act of 2002 (6 
U.S.C. 101(9)).’’. 
∆(b) REPORT TO CONGRESS.— 
∆(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Attor-
ney General shall report to the appropriate commit-
tees of Congress 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. 
∆(2) IDENTIFICATION
OF
INFORMATION.—The 
Attorney General shall identify the number of records 
requested, including the type of information requested, 
usage of different terms and definitions regarding 
criminal history information, and the variation in
154 
fees charged for such information and who pays such 
fees. 
∆(3) RECOMMENDATIONS.—The Attorney Gen-
eral shall make recommendations for consolidating the 
existing procedures into a unified procedure con-
sistent with that provided in section 534(f) of title 28, 
United States Code, as amended by this subtitle. 
∆Subtitle G—Protection of United 
States Aviation System From 
Terrorist Attacks 
∆SEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR 
OTHER TECHNOLOGY. 
∆(a) USE
OF
BIOMETRIC
TECHNOLOGY.—Section 
44903(h) of title 49, United States Code, is amended— 
∆(1) in paragraph (4)(E) by striking ‘‘may pro-
vide for’’ and inserting ‘‘shall issue, not later than 
120 days after the date of enactment of paragraph 
(5), guidance for’’; and 
∆(2) by adding at the end the following: 
∆‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN AIR-
PORT ACCESS CONTROL SYSTEMS.—In issuing guid-
ance under paragraph (4)(E), the Assistant Secretary 
of Homeland Security (Transportation Security Ad-
ministration), in consultation with representatives of 
the aviation industry, the biometrics industry, and
155 
the National Institute of Standards and Technology, 
shall establish, at a minimum— 
∆‘‘(A) comprehensive technical and oper-
ational system requirements and performance 
standards for the use of biometrics in airport ac-
cess control systems (including airport perimeter 
access control systems) to ensure that the biomet-
ric systems are effective, reliable, and secure; 
∆‘‘(B) a list of products and vendors that 
meet such requirements and standards; 
∆‘‘(C) procedures for implementing biomet-
ric systems— 
∆‘‘(i) to ensure that individuals do not 
use an assumed identity to enroll in a bio-
metric system; and 
∆‘‘(ii) to resolve failures to enroll, false 
matches, and false non-matches; and 
∆‘‘(D) best practices for incorporating bio-
metric technology into airport access control sys-
tems in the most effective manner, including a 
process to best utilize existing airport access con-
trol systems, facilities, and equipment and exist-
ing data networks connecting airports. 
∆‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW 
ENFORCEMENT OFFICER TRAVEL.—
156 
∆‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of this para-
graph, the Assistant Secretary shall— 
∆‘‘(i) establish a law enforcement offi-
cer travel credential that incorporates bio-
metrics and is uniform across all Federal, 
State, and local government law enforce-
ment agencies; 
∆‘‘(ii) establish a process by which the 
travel credential will be used to verify the 
identity of a Federal, State, or local govern-
ment law enforcement officer seeking to 
carry a weapon on board an aircraft, with-
out unnecessarily disclosing to the public 
that the individual is a law enforcement of-
ficer; 
∆‘‘(iii) establish procedures— 
∆‘‘(I) to ensure that only Federal, 
State, and local government law en-
forcement officers are issued the travel 
credential; 
∆‘‘(II) to resolve failures to enroll, 
false matches, and false non-matches 
relating to use of the travel credential; 
and
157 
∆‘‘(III) to invalidate any travel 
credential that is lost, stolen, or no 
longer authorized for use; 
∆‘‘(iv) begin issuance of the travel cre-
dential to each Federal, State, and local 
government law enforcement officer author-
ized by the Assistant Secretary to carry a 
weapon on board an aircraft; and 
∆‘‘(v) take such other actions with re-
spect to the travel credential as the Sec-
retary considers appropriate. 
∆‘‘(B) FUNDING.—There are authorized to 
be appropriated such sums as may be necessary 
to carry out this paragraph. 
∆‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
∆‘‘(A) BIOMETRIC INFORMATION.—The term 
‘biometric information’ means the distinct phys-
ical or behavioral characteristics that are used 
for identification, or verification of the identity, 
of an individual. 
∆‘‘(B) BIOMETRICS.—The term ‘biometrics’ 
means a technology that enables the automated 
identification, or verification of the identity, of 
an individual based on biometric information.
158 
∆‘‘(C) FAILURE
TO
ENROLL.—The term 
‘failure to enroll’ means the inability of an indi-
vidual to enroll in a biometric system due to an 
insufficiently distinctive biometric sample, the 
lack of a body part necessary to provide the bio-
metric sample, a system design that makes it dif-
ficult to provide consistent biometric informa-
tion, or other factors. 
∆‘‘(D) FALSE
MATCH.—The term ‘false 
match’ means the incorrect matching of one indi-
vidual’s biometric information to another indi-
vidual’s biometric information by a biometric 
system. 
∆‘‘(E) FALSE NON-MATCH.—The term ‘false 
non-match’ means the rejection of a valid iden-
tity by a biometric 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 sec-
tion 1540.5 of title 49, Code of Federal Regula-
tions, or any successor regulation to such sec-
tion).’’. 
∆(b) FUNDING FOR USE OF BIOMETRIC TECHNOLOGY 
IN AIRPORT ACCESS CONTROL SYSTEMS.—
159 
∆(1) GRANT
AUTHORITY.—Section 44923(a)(4) 
of title 49, United States Code, is amended— 
∆(A) by striking ‘‘and’’ at the end of para-
graph (3); 
∆(B) by redesignating paragraph (4) as 
paragraph (5); and 
∆(C) by inserting after paragraph (3) the 
following: 
∆‘‘(4) for projects to implement biometric tech-
nologies in accordance with guidance issued under 
section 44903(h)(4)(E); and’’. 
∆(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Section 44923(i)(1) of such title is amended by strik-
ing ‘‘$250,000,000 for each of fiscal years 2004 
through 2007’’ and inserting ‘‘$250,000,000 for fiscal 
year 2004, $345,000,000 for fiscal year 2005, and 
$250,000,000 for each of fiscal years 2006 and 2007’’. 
∆SEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLAN-
NING. 
∆Section 44904 of title 49, United States Code, is 
amended— 
∆(1) by redesignating subsection (c) as sub-
section (e); and 
∆(2) by inserting after subsection (b) the fol-
lowing:
160 
∆‘‘(c) TRANSPORTATION SECURITY STRATEGIC PLAN-
NING.— 
∆‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall prepare and update, as needed, a 
transportation sector specific plan and transportation 
modal security plans in accordance with this section. 
∆‘‘(2) CONTENTS.—At a minimum, the modal 
security plan for aviation prepared under paragraph 
(1) shall— 
∆‘‘(A) set risk-based priorities for defending 
aviation assets; 
∆‘‘(B) select the most practical and cost-ef-
fective methods for defending aviation assets; 
∆‘‘(C) assign roles and missions to Federal, 
State, regional, and local authorities and to 
stakeholders; 
∆‘‘(D) establish a damage mitigation and 
recovery plan for the aviation system in the 
event of a terrorist attack; and 
∆‘‘(E) include a threat matrix document 
that outlines each threat to the United States 
civil aviation system and the corresponding lay-
ers of security in place to address such threat. 
∆‘‘(3) REPORTS.—Not later than 180 days after 
the date of enactment of the subsection and annually
161 
thereafter, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a 
report containing the plans prepared under para-
graph (1), including any updates to the plans. The 
report may be submitted in a classified format. 
∆‘‘(d) OPERATIONAL CRITERIA.—Not later than 90 
days after the date of submission of the report under sub-
section (c)(3), the Assistant Secretary of Homeland Secu-
rity (Transportation Security Administration) shall issue 
operational criteria to protect airport infrastructure and 
operations against the threats identified in the plans pre-
pared under subsection (c)(1) and shall approve best prac-
tices guidelines for airport assets.’’. 
∆SEC. 
2173. 
NEXT 
GENERATION 
AIRLINE 
PASSENGER 
PRESCREENING. 
∆(a) IN GENERAL.—Section 44903(j)(2) of title 49, 
United States Code, is amended by adding at the end the 
following: 
∆‘‘(C) NEXT
GENERATION
AIRLINE
PAS-
SENGER PRESCREENING.— 
∆‘‘(i) COMMENCEMENT OF TESTING.— 
Not later than November 1, 2004, the Assist-
ant 
Secretary 
of 
Homeland 
Security
162 
(Transportation Security Administration), 
or the designee of the Assistant Secretary, 
shall commence testing of a next generation 
passenger prescreening system that will 
allow the Department of Homeland Secu-
rity to assume the performance of com-
paring passenger name records to the auto-
matic 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 Sec-
retary, or the designee of the Assistant Sec-
retary, shall assume the performance of the 
passenger prescreening function of com-
paring passenger name records to the auto-
matic 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.
163 
∆‘‘(iii) REQUIREMENTS.—In assuming 
performance of the function under clause 
(i), the Assistant Secretary shall— 
∆‘‘(I) establish a procedure to en-
able airline passengers, who are de-
layed or prohibited from boarding a 
flight because the next generation pas-
senger prescreening system determined 
that they might pose a security threat, 
to appeal such determination and cor-
rect information contained in the sys-
tem; 
∆‘‘(II) ensure that Federal Gov-
ernment 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 over-
sight board to oversee and monitor the 
manner in which the system is being 
implemented; 
∆‘‘(IV) establish sufficient oper-
ational safeguards to reduce the oppor-
tunities for abuse;
164 
∆‘‘(V) implement substantial secu-
rity measures to protect the system 
from unauthorized access; 
∆‘‘(VI) adopt policies establishing 
effective oversight of the use and oper-
ation of the system; and 
∆‘‘(VII) ensure that there are no 
specific privacy concerns with the tech-
nological architecture of the system. 
∆‘‘(iv) PASSENGER NAME RECORDS.— 
Not later than 60 days after the completion 
of the testing of the next generation pas-
senger prescreening system, the Assistant 
Secretary shall require air carriers to sup-
ply to the Assistant Secretary the passenger 
name records needed to begin implementing 
the next generation passenger prescreening 
system. 
∆‘‘(D) SCREENING OF EMPLOYEES AGAINST 
WATCHLIST.—The Assistant Secretary of Home-
land Security (Transportation Security Admin-
istration), in coordination with the Secretary of 
Transportation and the Administrator of the 
Federal Aviation Administration, shall ensure 
that individuals are screened against all appro-
166 
∆(1) IN GENERAL.—Not later than 90 days after 
the date on which the Assistant Secretary of Home-
land Security (Transportation Security Administra-
tion) 
assumes 
performance 
of 
the 
passenger 
prescreening function under section 44903(j)(2)(C)(ii) 
of title 49, United States Code, the Comptroller Gen-
eral shall submit to the appropriate congressional 
committees a report on the assumption of such func-
tion. The report may be submitted in a classified for-
mat. 
∆(2) CONTENTS.—The report under paragraph 
(1) shall address— 
∆(A) whether a system exists in the next 
generation passenger prescreening system where-
by aviation passengers, determined to pose a 
threat and either delayed or prohibited from 
boarding their scheduled flights by the Transpor-
tation Security Administration, may appeal 
such a decision and correct erroneous informa-
tion; 
∆(B) the sufficiency of identifying informa-
tion contained in passenger name records and 
any government databases for ensuring that a 
large number of false positives will not result 
under the next generation passenger prescreening
167 
system in a significant number of passengers 
being treated as a threat mistakenly or in secu-
rity resources being diverted; 
∆(C) whether the Transportation Security 
Administration stress tested the next generation 
passenger prescreening system; 
∆(D) whether an internal oversight board 
has been established in the Department of Home-
land Security to monitor the next generation 
passenger prescreening system; 
∆(E) whether sufficient operational safe-
guards have been established to prevent the op-
portunities for abuse of the system; 
∆(F) whether substantial security measures 
are in place to protect the passenger prescreening 
database from unauthorized access; 
∆(G) whether policies have been adopted for 
the effective oversight of the use and operation of 
the system; 
∆(H) whether specific privacy concerns still 
exist with the system; and 
∆(I) whether appropriate life cycle cost esti-
mates have been developed, and a benefit and 
cost analysis has been performed, for the system.
168 
∆SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETEC-
TION EQUIPMENT AT AIRPORT SCREENING 
CHECKPOINTS. 
∆(a) NONMETALLIC WEAPONS AND EXPLOSIVES.—In 
order to improve security, the Assistant Secretary of Home-
land Security (Transportation Security Administration) 
shall give priority to developing, testing, improving, and 
deploying technology at screening checkpoints at airports 
that will detect nonmetallic weapons and explosives on the 
person of individuals, in their clothing, or in their carry- 
on baggage or personal property and shall ensure that the 
equipment alone, or as part of an integrated system, can 
detect under realistic operating conditions the types of non-
metallic 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 SCREEN-
ING CHECKPOINTS.— 
∆(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Assistant Sec-
retary shall transmit to the appropriate congressional 
committees a strategic plan to promote the optimal 
utilization and deployment of explosive detection sys-
tems at airports to screen individuals and their 
carry-on baggage or personal property, including 
walk-through explosive detection portals, document
169 
scanners, shoe scanners, and any other explosive de-
tection equipment for use at a screening checkpoint. 
The plan may be transmitted in a classified format. 
∆(2) CONTENTS.—The strategic plan shall in-
clude descriptions of the operational applications of 
explosive detection equipment at airport screening 
checkpoints, a deployment schedule and quantities of 
equipment needed to implement the plan, and fund-
ing needs for implementation of the plan, including 
a financing plan that provides for leveraging non- 
Federal funding. 
∆SEC. 2175. PILOT PROGRAM TO EVALUATE USE OF BLAST- 
RESISTANT 
CARGO 
AND 
BAGGAGE 
CON-
TAINERS. 
∆(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 PRO-
GRAM.— 
∆(1) IN GENERAL.—As part of the pilot pro-
gram, the Assistant Secretary shall provide incentives
170 
to air carriers to volunteer to test the use of blast-re-
sistant containers for cargo and baggage on passenger 
aircraft. 
∆(2) APPLICATIONS.—To volunteer to partici-
pate 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
ASSISTANCE.—Assistance pro-
vided by the Assistant Secretary to air carriers that 
volunteer to participate in the pilot program shall in-
clude the use of blast-resistant containers and finan-
cial assistance to cover increased costs to the carriers 
associated with the use and maintenance of the con-
tainers, including increased fuel costs. 
∆(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Assistant Secretary shall sub-
mit to appropriate congressional committees a report on the 
results of the pilot program. 
∆(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$2,000,000. Such sums shall remain available until ex-
pended.
171 
∆SEC. 2176. AIR CARGO SCREENING TECHNOLOGY. 
∆The Transportation Security Administration shall 
develop technology to better identify, track, and screen air 
cargo. 
∆SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE 
DETECTION. 
∆Section 44940 of title 49, United States Code, is 
amended by adding at the end the following: 
∆‘‘(i) CHECKPOINT SCREENING SECURITY FUND.— 
∆‘‘(1) ESTABLISHMENT.—There is established in 
the Department of Homeland Security a fund to be 
known as the ‘Checkpoint Screening Security Fund’. 
∆‘‘(2) DEPOSITS.—In each of fiscal years 2005 
and 2006, after amounts are made available under 
section 44923(h), the next $30,000,000 derived from 
fees received under subsection (a)(1) shall be available 
to be deposited in the Fund. 
∆‘‘(3) FEES.—The Secretary of Homeland Secu-
rity shall impose the fee authorized by subsection 
(a)(1) so as to collect at least $30,000,000 in each of 
fiscal years 2005 and 2006 for deposit into the Fund. 
∆‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in 
the Fund shall be available for the purchase, deploy-
ment, and installation of equipment to improve the 
ability of security screening personnel at screening 
checkpoints to detect explosives.’’.
172 
∆SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT. 
∆(a) PILOT PROGRAM.—The Transportation Security 
Administration shall develop, not later than 120 days after 
the date of enactment of this Act, and conduct a pilot pro-
gram to test, integrate, and deploy next generation security 
checkpoint screening technology at not less than 5 airports 
in the United States. 
∆(b) HUMAN FACTOR STUDIES.— The Administration 
shall conduct human factors studies to improve screener 
performance as part of the pilot program under subsection 
(a). 
∆SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT 
DOOR. 
∆(a) CIVIL PENALTY.—Section 46301(a) of title 49, 
United States Code, is amended by adding at the end the 
following: 
∆‘‘(6) PENALTY
FOR
FAILURE
TO
SECURE 
FLIGHT DECK DOOR.—Any person holding a part 119 
certificate under part of title 14, Code of Federal Reg-
ulations, is liable to the Government for a civil pen-
alty of not more than $25,000 for each violation, by 
the pilot in command of an aircraft owned or oper-
ated by such person, of any Federal regulation that 
requires that the flight deck door be closed and locked 
when the aircraft is being operated.’’. 
∆(b) TECHNICAL CORRECTIONS.—
173 
∆(1) COMPROMISE AND SETOFF FOR FALSE IN-
FORMATION.—Section 46302(b) of such title is amend-
ed by striking ‘‘Secretary of Transportation’’ and in-
serting ‘‘Secretary of the Department of Homeland 
Security and, for a violation relating to section 
46504, the Secretary of Transportation,’’. 
∆(2) CARRYING A WEAPON.—Section 46303 of 
such title is amended— 
∆(A) in subsection (b) by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
∆(B) in subsection (c)(2) by striking 
‘‘Under Secretary of Transportation for Secu-
rity’’ and inserting ‘‘Secretary of Homeland Se-
curity’’. 
∆(3) ADMINISTRATIVE
IMPOSITION
OF
PEN-
ALTIES.—Section 46301(d) of such title is amended— 
∆(A) in the first sentence of paragraph (2) 
by striking ‘‘46302, 46303,’’ and inserting 
‘‘46302 (for a violation relating to section 
46504),’’; and 
∆(B) in the second sentence of paragraph 
(2)—
174 
∆(i) by striking ‘‘Under Secretary of 
Transportation for Security’’ and inserting 
‘‘Secretary of Homeland Security’’; and 
∆(ii) by striking ‘‘44909)’’ and insert-
ing ‘‘44909), 46302 (except for a violation 
relating to section 46504), 46303,’’; 
∆(C) in each of paragraphs (2), (3), and (4) 
by striking ‘‘Under Secretary or’’ and inserting 
‘‘Secretary of Homeland Security’’; and 
∆(D) in paragraph (4)(A) by moving 
clauses (i), (ii), and (iii) 2 ems to the left. 
∆SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY. 
∆The Director of the Federal Air Marshal Service of 
the Department of Homeland Security shall continue to de-
velop operational initiatives to protect the anonymity of 
Federal air marshals. 
∆SEC. 
2181. 
FEDERAL 
LAW 
ENFORCEMENT 
IN-FLIGHT 
counterterrorism TRAINING. 
∆The Assistant Secretary for Immigration and Cus-
toms Enforcement and the Director of Federal Air Marshal 
Service of the Department of Homeland Security, in coordi-
nation with the Assistant Secretary of Homeland Security 
(Transportation Security Administration), shall make 
available appropriate in-flight counterterrorism procedures
175 
and tactics training to Federal law enforcement officers who 
fly while on duty. 
∆SEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CAR-
RIAGE PILOT PROGRAM. 
∆(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Assistant Secretary of 
Homeland Security (Transportation Security Administra-
tion) shall implement a pilot program to allow pilots par-
ticipating in the Federal flight deck officer program to 
transport their firearms on their persons. The Assistant 
Secretary may prescribe any training, equipment, or proce-
dures that the Assistant Secretary determines necessary to 
ensure safety and maximize weapon retention. 
∆(b) REVIEW.—Not later than 1 year after the date 
of initiation of the pilot program, the Assistant Secretary 
shall conduct a review of the safety record of the pilot pro-
gram and transmit a report on the results of the review 
to the appropriate congressional committees. 
∆(c) OPTION.—If the Assistant Secretary as part of 
the review under subsection (b) determines that the safety 
level obtained under the pilot program is comparable to the 
safety level determined under existing methods of pilots car-
rying firearms on aircraft, the Assistant Secretary shall 
allow all pilots participating in the Federal flight deck offi-
cer program the option of carrying their firearm on their
176 
person subject to such requirements as the Assistant Sec-
retary determines appropriate. 
∆SEC. 2183. REGISTERED TRAVELER PROGRAM. 
∆The Transportation Security Administration shall 
expedite implementation of the registered traveler program. 
∆SEC. 2184. WIRELESS COMMUNICATION. 
∆(a) STUDY.—The Transportation Security Adminis-
tration, in consultation with the Federal Aviation Adminis-
tration, 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 tech-
nology that is readily available and can be quickly inte-
grated 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 Ad-
ministration shall submit to the appropriate congressional 
committees a report on the results of the study.
177 
∆SEC. 2185. SECONDARY FLIGHT DECK BARRIERS. 
∆Not later than 6 months after the date of enactment 
of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall transmit to 
the appropriate congressional committees a report on the 
costs and benefits associated with the use of secondary flight 
deck barriers and whether the use of such barriers should 
be mandated for all air carriers. The Assistant Secretary 
may transmit the report in a classified format. 
∆SEC. 2186. EXTENSION. 
∆Section 48301(a) of title 49, United States Code, is 
amended by striking ‘‘and 2005’’ and inserting ‘‘2005, and 
2006’’. 
∆SEC. 2187. PERIMETER SECURITY. 
∆(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Assistant Secretary of Home-
land Security (Transportation Security Administration), 
in consultation with airport operators and law enforcement 
authorities, shall develop and submit to the appropriate 
congressional committee a report on airport perimeter secu-
rity. The report may be submitted in a classified format. 
∆(b) CONTENTS.—The report shall include— 
∆(1) an examination of the feasibility of access 
control technologies and procedures, including the use 
of biometrics and other methods of positively identi-
fying individuals prior to entry into secure areas of
178 
airports, and provide best practices for enhanced pe-
rimeter access control techniques; and 
∆(2) an assessment of the feasibility of phys-
ically screening all individuals prior to entry into se-
cure areas of an airport and additional methods for 
strengthening the background vetting process for all 
individuals credentialed to gain access to secure areas 
of airports. 
∆SEC. 2188. DEFINITIONS. 
∆In this title, the following definitions apply: 
∆(1) 
APPROPRIATE
CONGRESSIONAL
COM-
MITTEE.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
∆(2) AIR CARRIER.—The term ‘‘air carrier’’ has 
the meaning such term has under 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 air-
port (as such terms are defined in section 1540.5 of 
title 49, Code of Federal Regulations, or any successor 
regulation to such section).
179 
∆Subtitle H—Other Matters 
∆SEC. 2191. 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 sen-
tence the following: ‘‘An attorney for the 
government may also disclose any grand- 
jury matter involving a threat of actual or 
potential attack or other grave hostile acts 
of a foreign power or an agent of a foreign 
power, domestic or international sabotage, 
domestic or international terrorism, or 
clandestine intelligence gathering activities 
by an intelligence service or network of a 
foreign power or by an agent of a foreign 
power, within the United States or else-
where, to any appropriate Federal, State, 
state subdivision, Indian tribal, or foreign 
government official for the purpose of pre-
180 
venting or responding to such a threat.’’; 
and 
∆(ii) in clause (i)— 
∆(I) by striking ‘‘federal’’; and 
∆(II) by adding at the end the fol-
lowing: ‘‘Any State, state subdivision, 
Indian tribal, or foreign government 
official who receives information under 
Rule 6(e)(3)(D) may use the informa-
tion only consistent with such guide-
lines as the Attorney General and the 
National 
Intellience 
Director 
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 govern-
ment, when sought by a foreign court or 
prosecutor for use in an official criminal 
investigation;’’; and 
∆(iii) in clause (iv), as redesignated—
181 
∆(I) by striking ‘‘state or Indian 
tribal’’ and inserting ‘‘State, Indian 
tribal, or foreign’’; and 
∆(II) by striking ‘‘or Indian trib-
al official’’ and inserting ‘‘Indian trib-
al, or foreign government official’’; and 
∆(2) in paragraph (7), by inserting ‘‘, or of 
guidelines jointly issued by the Attorney General and 
Director of Central 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)’’. 
∆SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND IN-
TELLIGENCE DATA SYSTEM. 
∆(a) FINDINGS.—The Congress finds as follows: 
∆(1) The interoperable electronic data system 
know as the ‘‘Chimera system’’, and required to be de-
veloped and implemented by section 202(a)(2) of the 
Enhanced Border Security and Visa Entry Reform 
Act of 2002 (8 U.S.C. 1722(a)(2)), has not in any 
way been implemented. 
∆(2) Little progress has been made since the en-
actment of such Act with regard to establishing a
182 
process to connect existing trusted systems operated 
independently by the respective intelligence agencies. 
∆(3) It is advisable, therefore, to assign such re-
sponsibility to the National Intelligence Director. 
∆(4) The National Intelligence Director should, 
pursuant to the amendments made by subsection (c), 
begin systems planning immediately upon assuming 
office to deliver an interim system not later than 1 
year after the date of the enactment of this Act, and 
to deliver the fully functional Chimera system not 
later than September 11, 2007. 
∆(5) Both the interim system, and the fully func-
tional Chimera system, should be designed so that in-
telligence officers, Federal law enforcement agencies 
(as defined in section 2 of such Act (8 U.S.C. 1701)), 
operational counter-terror support center personnel, 
consular officers, and Department of Homeland Secu-
rity enforcement officers have access to them. 
∆(b) PURPOSES.—The purposes of this section are as 
follows: 
∆(1) To provide the National Intelligence Direc-
tor with the necessary authority and resources to es-
tablish both an interim data system and, subse-
quently, a fully functional Chimera system, to collect 
and share intelligence and operational information
183 
with the intelligence community (as defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)). 
∆(2) To require the National Intelligence Direc-
tor to establish a state-of-the-art Chimera system with 
both biometric identification and linguistic capabili-
ties satisfying the best technology standards. 
∆(3) To ensure that the National Intelligence 
Center will have a fully functional capability, not 
later than September 11, 2007, for interoperable data 
and intelligence exchange with the agencies of the in-
telligence community (as so defined). 
∆(c) AMENDMENTS.— 
∆(1) IN
GENERAL.—Title II of the Enhanced 
Border Security and Visa Entry Reform Act of 2002 
(8 U.S.C. 1721 et seq.) is amended— 
∆(A) in section 202(a)— 
∆(i) by amending paragraphs (1) and 
(2) to read as follows: 
∆‘‘(1) INTERIM INTEROPERABLE INTELLIGENCE 
DATA
EXCHANGE
SYSTEM.—Not later than 1 year 
after assuming office, the National Intelligence Direc-
tor shall establish an interim interoperable intel-
ligence data exchange system that will connect the 
data systems operated independently by the entities
185 
the Chimera system described in para-
graph (2)’’; 
∆(iii) in paragraph (4)(A), by striking 
‘‘The data system’’ and all that follows 
through ‘‘(2),’’ and inserting ‘‘The interim 
system described in paragraph (1) and the 
Chimera system described in paragraph 
(2)’’; 
∆(iv) in paragraph (5)— 
∆(I) in the matter preceding sub-
paragraph (A), by striking ‘‘data sys-
tem under this subsection’’ and insert-
ing ‘‘Chimera system described in 
paragraph (2)’’; 
∆(II) in subparagraph (B), by 
striking ‘‘and’’ at the end; 
∆(III) in subparagraph (C), by 
striking the period at the end and in-
serting ‘‘; and’’; and 
∆(IV) by adding at the end the 
following: 
∆‘‘(D) to any Federal law enforcement or 
intelligence officer authorized to assist in the in-
vestigation, identification, or prosecution of ter-
rorists, alleged terrorists, individuals supporting
186 
terrorist activities, and individuals alleged to 
support terrorist activities. ’’; and 
∆(v) in paragraph (6)— 
∆(I) by striking ‘‘President’’ and 
inserting ‘‘National Intelligence Direc-
tor’’; 
∆(II) by striking ‘‘the data sys-
tem’’ and all that follows through 
‘‘(2),’’ and inserting ‘‘the interim sys-
tem described in paragraph (1) and 
the Chimera system described in para-
graph (2)’’; 
∆(B) in section 202(b)— 
∆(i) in paragraph (1), by striking 
‘‘The interoperable’’ and all that follows 
through ‘‘subsection (a)’’ and inserting ‘‘the 
Chimera system described in subsection 
(a)(2)’’; 
∆(ii) in paragraph (2), by striking 
‘‘interoperable electronic database’’ and in-
serting ‘‘Chimera system described in sub-
section (a)(2)’’; and 
∆(iii) by amending paragraph (4) to 
read as follows:
187 
∆‘‘(4) INTERIM
REPORTS.—Not later than 6 
months after assuming office, the National Intel-
ligence Director shall submit a report to the appro-
priate committees of Congress on the progress in im-
plementing each requirement of this section.’’; 
∆(C) in section 204— 
∆(i) by striking ‘‘Attorney General’’ 
each place such term appears and inserting 
‘‘National Intelligence Director’’; 
∆(ii) in subsection (d)(1), by striking 
‘‘Attorney General’s’’ and inserting ‘‘Na-
tional Intelligence Director’s’’; and 
∆(D) by striking section 203 and redesig-
nating section 204 as section 203. 
∆(2) CLERICAL AMENDMENT.—The table of con-
tents for the Enhanced Border Security and Visa 
Entry Reform Act of 2002 (8 U.S.C. 1701 et seq.) is 
amended— 
∆(A) by striking the item relating to section 
203; and 
∆(B) by redesignating the item relating to 
section 204 as relating to section 203.
188 
∆SEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILI-
TIES OF THE FEDERAL BUREAU OF INVES-
TIGATION. 
∆(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States and to meet the intelligence needs of the United 
States, Congress makes the following findings: 
∆(1) The Federal Bureau of Investigation has 
made significant progress in improving its intel-
ligence capabilities. 
∆(2) The Federal Bureau of Investigation must 
further enhance and fully institutionalize its ability 
to prevent, preempt, and disrupt terrorist threats to 
our homeland, our people, our allies, and our inter-
ests. 
∆(3) The Federal Bureau of Investigation must 
collect, process, share, and disseminate, to the greatest 
extent permitted by applicable law, to the President, 
the Vice President, and other officials in the Execu-
tive Branch, all terrorism information and other in-
formation necessary to safeguard our people and ad-
vance our national and homeland security interests. 
∆(4) The Federal Bureau of Investigation must 
move towards full and seamless coordination and co-
operation with all other elements of the Intelligence
189 
Community, including full participation in, and sup-
port to, the National counterterrorism Center. 
∆(5) The Federal Bureau of Investigation must 
strengthen its pivotal role in coordination and co-
operation with Federal, State, tribal, and local law 
enforcement agencies to ensure the necessary sharing 
of information for counterterrorism and criminal law 
enforcement purposes. 
∆(6) The Federal Bureau of Investigation must 
perform its vital intelligence functions in a manner 
consistent with both with national intelligence prior-
ities and respect for privacy and other civil liberties 
under the Constitution and laws of the United States. 
∆(b) IMPROVEMENT
OF
INTELLIGENCE
CAPABILI-
TIES.—The Director of the Federal Bureau of Investigation 
shall establish a comprehensive intelligence program for— 
∆(1) intelligence analysis, including recruitment 
and hiring of analysts, analyst training, priorities 
and status for analysis, and analysis performance 
measures; 
∆(2) intelligence production, including product 
standards, production priorities, information sharing 
and dissemination, and customer satisfaction meas-
ures;
190 
∆(3) production of intelligence that is responsive 
to national intelligence requirements and priorities, 
including measures of the degree to which each FBI 
headquarters and field component is collecting and 
providing such intelligence; 
∆(4) intelligence sources, including source vali-
dation, new source development, and performance 
measures; 
∆(5) field intelligence operations, including staff-
ing and infrastructure, management processes, prior-
ities, and performance measures; 
∆(6) full and seamless coordination and coopera-
tion with the other components of the Intelligence 
Community, consistent with their responsibilities; 
and 
∆(7) sharing of FBI intelligence and informa-
tion across Federal, state, and local governments, 
with the private sector, and with foreign partners as 
provided by law or by guidelines of the Attorney Gen-
eral. 
∆(c) INTELLIGENCE DIRECTORATE.—The Director of 
the Federal Bureau of Investigation shall establish an Intel-
ligence Directorate within the FBI. The Intelligence Direc-
torate shall have the authority to manage and direct the 
intelligence operations of all FBI headquarters and field
191 
components. The Intelligence Directorate shall have respon-
sibility for all components and functions of the FBI nec-
essary for— 
∆(1) oversight of FBI field intelligence oper-
ations; 
∆(2) FBI human source development and man-
agement; 
∆(3) FBI collection against nationally-deter-
mined intelligence requirements; 
∆(4) language services; 
∆(5) strategic analysis; 
∆(6) intelligence program and budget manage-
ment; and 
∆(7) the intelligence workforce. 
∆(d) NATIONAL SECURITY WORKFORCE.—The Direc-
tor of the Federal Bureau of Investigation shall establish 
a specialized, integrated intelligence cadre composed of Spe-
cial Agents, analysts, linguists, and surveillance specialists 
in a manner which creates and sustains within the FBI 
a workforce with substantial expertise in, and commitment 
to, the intelligence mission of the FBI. The Director shall— 
∆(1) ensure that these FBI employees may make 
their career, including promotion to the most senior 
positions in the FBI, within this career track;
192 
∆(2) establish intelligence cadre requirements 
for— 
∆(A) training; 
∆(B) career development and certification; 
∆(C) recruitment, hiring, and selection; 
∆(D) integrating field intelligence teams; 
and 
∆(E) senior level field management; 
∆(3) establish intelligence officer certification re-
quirements, including requirements for training 
courses and assignments to other intelligence, na-
tional security, or homeland security components of 
the Executive branch, in order to advance to senior 
operational management positions in the FBI; 
∆(4) ensure that the FBI’s recruitment and 
training program enhances its ability to attract indi-
viduals with educational and professional back-
grounds in intelligence, international relations, lan-
guage, technology, and other skills relevant to the in-
telligence mission of the FBI; 
∆(5) ensure that all Special Agents and analysts 
employed by the FBI after the date of the enactment 
of this Act shall receive basic training in both crimi-
nal justice matters and intelligence matters;
193 
∆(6) ensure that all Special Agents employed by 
the FBI after the date of the enactment of this Act, 
to the maximum extent practicable, be given an op-
portunity to undergo, during their early service with 
the FBI, meaningful assignments in criminal justice 
matters and in intelligence matters; 
∆(7) ensure that, to the maximum extent prac-
tical, Special Agents who specialize in intelligence are 
afforded the opportunity to work on intelligence mat-
ters over the remainder of their career with the FBI; 
and 
∆(8) ensure that, to the maximum extent prac-
tical, analysts are afforded FBI training and career 
opportunities commensurate with the training and 
career opportunities afforded analysts in other ele-
ments of the intelligence community. 
∆(e) FIELD OFFICE MATTERS.—The Director of the 
Federal Bureau of Investigation shall take appropriate ac-
tions to ensure the integration of analysis, Special Agents, 
linguists, and surveillance personnel in FBI field intel-
ligence components and to provide effective leadership and 
infrastructure to support FBI field intelligence components. 
The Director shall— 
∆(1) ensure that each FBI field office has an of-
ficial at the level of Assistant Special Agent in
194 
Charge or higher with responsibility for the FBI field 
intelligence component; and 
∆(2) to the extent practicable, provide for such 
expansion of special compartmented information fa-
cilities in FBI field offices as is necessary to ensure 
the discharge by the field intelligence components of 
the national security and criminal intelligence mis-
sion of the FBI. 
∆(f) BUDGET MATTERS.—The Director of the Federal 
Bureau of Investigation shall, in consultation with the Di-
rector of the Office of Management and Budget, modify the 
budget structure of the FBI in order to organize the budget 
according to its four main programs as follows: 
∆(1) Intelligence. 
∆(2) counterterrorism and counterintelligence. 
∆(3) Criminal enterprise/Federal crimes. 
∆(4) Criminal justice services. 
∆(g) REPORTS.— 
∆(1)(A) Not later than 180 days after the date 
of the enactment of this Act, and every twelve months 
thereafter, the Director of the Federal Bureau of In-
vestigation shall submit to Congress a report on the 
progress made as of the date of such report in car-
rying out the requirements of this section.
195 
∆(B) The Director shall include in the first re-
port required by subparagraph (A) an estimate of the 
resources required to complete the expansion of special 
compartmented information facilities to carry out the 
intelligence mission of FBI field intelligence compo-
nents. 
∆(2) In each annual report required by para-
graph (1)(A) the director shall include— 
∆(A) a report on the progress made by each 
FBI field office during the period covered by 
such review in addressing FBI and national in-
telligence priorities; 
∆(B) a report assessing the qualifications, 
status, and roles of analysts at FBI headquarters 
and in FBI field offices; and 
∆(C) a report on the progress of the FBI in 
implementing information-sharing principles. 
∆(3) A report required by this subsection shall be 
submitted— 
∆(A) to each committee of Congress that has 
jurisdiction over the subject matter of such re-
port; and 
∆(B) in unclassified form, but may include 
a classified annex.
196 
∆TITLE III—BORDER SECURITY 
AND TERRORIST TRAVEL 
∆Subtitle A—Immigration Reform 
in the National Interest 
∆CHAPTER 1—GENERAL PROVISIONS 
∆SEC. 3001. ELIMINATING THE ‘‘WESTERN HEMISPHERE’’ EX-
CEPTION FOR CITIZENS. 
∆(a) IN GENERAL.— 
∆(1) IN GENERAL.—Section 215(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1185(b)) is 
amended to read as follows: 
∆‘‘(b)(1) Except as otherwise provided in this sub-
section, it shall be unlawful for any citizen of the United 
States to depart from or enter, or attempt to depart from 
or enter, the United States unless the citizen bears a valid 
United States passport. 
∆‘‘(2) Subject to such limitations and exceptions as the 
President may authorize and prescribe, the President may 
waive the application of paragraph (1) in the case of a cit-
izen departing the United States to, or entering the United 
States from, foreign contiguous territory. 
∆‘‘(3) The President, if waiving the application of 
paragraph (1) pursuant to paragraph (2), shall require 
citizens departing the United States to, or entering the 
United States from, foreign contiguous territory to bear a
197 
document (or combination of documents) designated by the 
Secretary of Homeland Security under paragraph (4). 
∆‘‘(4) The Secretary of Homeland Security— 
∆‘‘(A) shall designate documents that are suffi-
cient to denote identity and citizenship in the United 
States such that they may be used, either individually 
or in conjunction with another document, to establish 
that the bearer is a citizen or national of the United 
States for purposes of lawfully departing from or en-
tering the United States; and 
∆‘‘(B) shall publish a list of those documents in 
the Federal Register. 
∆‘‘(5) A document may not be designated under para-
graph (4) (whether alone or in combination with other doc-
uments) unless the Secretary of Homeland Security deter-
mines that the document— 
∆‘‘(A) may be relied upon for the purposes of 
this subsection; and 
∆‘‘(B) may not be issued to an alien unlawfully 
present in the United States.’’. 
∆(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on October 1, 2006. 
∆(b) INTERIM RULE.—
198 
∆(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security— 
∆(A) shall designate documents that are suf-
ficient to denote identity and citizenship in the 
United States such that they may be used, either 
individually or in conjunction with another doc-
ument, to establish that the bearer is a citizen or 
national of the United States for purposes of 
lawfully departing from or entering the United 
States; and 
∆(B) shall publish a list of those documents 
in the Federal Register. 
∆(2) LIMITATION
ON
PRESIDENTIAL
AUTHOR-
ITY.—Beginning on the date that is 90 days after the 
publication described in paragraph (1)(B), the Presi-
dent, notwithstanding section 215(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1185(b)), may not 
exercise the President’s authority under such section 
so as to permit any citizen of the United States to de-
part from or enter, or attempt to depart from or 
enter, the United States from any country other than 
foreign contiguous territory, unless the citizen bears a 
document (or combination of documents) designated 
under paragraph (1)(A).
199 
∆(3) CRITERIA FOR DESIGNATION.—A document 
may not be designated under paragraph (1)(A) 
(whether alone or in combination with other docu-
ments) unless the Secretary of Homeland Security de-
termines that the document— 
∆(A) may be relied upon for the purposes of 
this subsection; and 
∆(B) may not be issued to an alien unlaw-
fully present in the United States. 
∆(4) EFFECTIVE
DATE.—This subsection shall 
take effect on the date of the enactment of this Act 
and shall cease to be effective on September 30, 2006. 
∆SEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH 
RESPECT 
TO 
DOCUMENTATION 
REQUIRE-
MENTS FOR NATIONALS OF FOREIGN CONTIG-
UOUS TERRITORIES AND ADJACENT ISLANDS. 
∆(a) IN GENERAL.—Section 212(d)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(d)(4)) is amend-
ed— 
∆(1) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’; 
∆(2) by striking ‘‘on the basis of reciprocity’’ 
and all that follows through ‘‘or (C)’’; and 
∆(3) by adding at the end the following:
200 
∆‘‘Either or both of the requirements of such 
paragraph may also be waived by the Secretary of 
Homeland Security and the Secretary of State, acting 
jointly and on the basis of reciprocity, with respect to 
nationals of foreign contiguous territory or of adja-
cent islands, but only if such nationals are required, 
in order to be admitted into the United States, to be 
in possession of identification deemed by the Sec-
retary of Homeland Security to be secure.’’. 
∆(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on December 31, 2006. 
∆SEC. 3003. INCREASE IN FULL-TIME BORDER PATROL 
AGENTS. 
∆The Secretary of Homeland Security, in each of fiscal 
years 2006 through 2010, shall increase by not less than 
2,000 the number of positions for full-time active-duty bor-
der patrol agents within the Department of Homeland Se-
curity above the number of such positions for which funds 
were allotted for the preceding fiscal year. 
∆SEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND 
CUSTOMS ENFORCEMENT INVESTIGATORS. 
∆The Secretary of Homeland Security, in each of fiscal 
years 2006 through 2010, shall increase by not less than 
800 the number of positions for full-time active-duty inves-
tigators within the Department of Homeland Security in-
201 
vestigating 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 allotted for the preceding fiscal year. 
At least half of these additional investigators shall be des-
ignated to investigate potential violations of section 274A 
of the Immigration and Nationality Act (8 U.S.C 1324a). 
Each State shall be allotted at least 3 of these additional 
investigators. 
∆SEC. 3005. ALIEN IDENTIFICATION STANDARDS. 
∆Section 211 of the Immigration and Nationality Act 
(8 U.S.C. 1181) is amended by adding at the end the fol-
lowing: 
∆‘‘(d) For purposes of establishing identity to any 
Federal employee, an alien present in the United States 
may present any document issued by the Attorney General 
or the Secretary of Homeland Security under the authority 
of one of the immigration laws (as defined in section 
101(a)(17)), or an unexpired lawfully issued foreign pass-
port. Subject to the limitations and exceptions in immigra-
tion laws (as defined in section 101(a)(17) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(17)), no other 
document may be presented for those purposes.’’.
202 
∆SEC. 3006. EXPEDITED REMOVAL. 
∆Section 235(b)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking 
clauses (i) through (iii) and inserting the following: 
∆‘‘(i) IN GENERAL.—If an immigra-
tion officer determines that an alien (other 
than an alien described in subparagraph 
(F)) who is arriving in the United States, 
or who has not been admitted or paroled 
into the United States and has not been 
physically present in the United States con-
tinuously for the 5-year period immediately 
prior to the date of the determination of in-
admissibility under this paragraph, is in-
admissible under section 212(a)(6)(C) or 
212(a)(7), the officer shall order the alien 
removed from the United States without 
further hearing or review, unless— 
∆‘‘(I) the alien has been charged 
with a crime, is in criminal pro-
ceedings, or is serving a criminal sen-
tence; or 
∆‘‘(II) the alien indicates an in-
tention to apply for asylum under sec-
tion 208 or a fear of persecution and 
the officer determines that the alien has
203 
been physically present in the United 
States for less than 1 year. 
∆‘‘(ii) CLAIMS
FOR
ASYLUM.—If an 
immigration officer determines that an 
alien (other than an alien described in sub-
paragraph (F)) who is arriving in the 
United States, or who has not been admit-
ted or paroled into the United States and 
has not been physically present in the 
United States continuously for the 5-year 
period immediately prior to the date of the 
determination of inadmissibility under this 
paragraph, is inadmissible under section 
212(a)(6)(C) or 212(a)(7), and the alien in-
dicates either an intention to apply for asy-
lum under section 208 or a fear of persecu-
tion, the officer shall refer the alien for an 
interview by an asylum officer under sub-
paragraph (B) if the officer determines that 
the alien has been physically present in the 
United States for less than 1 year.’’.
204 
∆SEC. 3007. PREVENTING TERRORISTS FROM OBTAINING 
ASYLUM. 
∆(a) CONDITIONS FOR GRANTING ASYLUM.—Section 
208(b) of the Immigration and Nationality Act (8 U.S.C. 
1158(b)) is amended— 
∆(1) in paragraph (1), by striking ‘‘The Attor-
ney General’’ and inserting the following: 
∆‘‘(A) 
ELIGIBILITY.—The 
Secretary 
of 
Homeland Security or the Attorney General’’; 
and 
∆(2) by adding at the end the following: 
∆‘‘(B) BURDEN OF PROOF.—The burden of 
proof is on the applicant to establish that the ap-
plicant is a refugee within the meaning of sec-
tion 101(a)(42)(A). To establish that the appli-
cant is a refugee within the meaning of this Act, 
the applicant must establish that race, religion, 
nationality, membership in a particular social 
group, or political opinion was or will be the 
central motive for persecuting the applicant. The 
testimony of the applicant may be sufficient to 
sustain such burden without corroboration, but 
only if it is credible, is persuasive, and refers to 
specific facts that demonstrate that the applicant 
is a refugee. Where the trier of fact finds that it 
is reasonable to expect corroborating evidence for
205 
certain alleged facts pertaining to the specifics of 
the applicant’s claim, such evidence must be pro-
vided unless a reasonable explanation is given as 
to why such information is not provided. The 
credibility determination of the trier of fact may 
be based, in addition to other factors, on the de-
meanor, candor, or responsiveness of the appli-
cant or witness, the consistency between the ap-
plicant’s or witness’s written and oral state-
ments, whether or not under oath, made at any 
time to any officer, agent, or employee of the 
United States, the internal consistency of each 
such statement, the consistency of such state-
ments with the country conditions in the country 
from which the applicant claims asylum (as pre-
sented by the Department of State) and any in-
accuracies or falsehoods in such statements. 
These factors may be considered individually or 
cumulatively.’’. 
∆(b) STANDARD OF REVIEW FOR ORDERS OF RE-
MOVAL.—Section 242(b)(4) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(b)(4)) is amended by adding after 
subparagraph (D) the following flush language: ‘‘No court 
shall reverse a determination made by an adjudicator with 
respect to the availability of corroborating evidence as de-
206 
scribed in section 208(b)(1)(B), unless the court finds that 
a reasonable adjudicator is compelled to conclude that such 
corroborating evidence is unavailable.’’. 
∆(c) EFFECTIVE DATE.—The amendment made by 
subsection (b) shall take effect upon the date of enactment 
of this Act and shall apply to cases in which the final ad-
ministrative removal order was issued before, on, or after 
the date of enactment of this Act. 
∆SEC. 3008. 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 administrative or judicial review of a rev-
ocation under this subsection, and no court or other person 
otherwise shall have jurisdiction to consider any claim chal-
lenging the validity of such a revocation.’’. 
∆(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 author-
izing admission into the United States as a nonimmigrant) 
has been revoked under section 221(i), is’’.
207 
∆(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 insert-
ing ‘‘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 the enactment 
of this Act and shall apply to revocations under sections 
205 and 221(i) of the Immigration and Nationality Act 
made before, on, or after such date. 
∆SEC. 3009. JUDICIAL REVIEW OF ORDERS OF REMOVAL. 
∆(a) IN GENERAL.—Section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252) is amended— 
∆(1) in subsection (a)— 
∆(A) in paragraph (2)— 
∆(i) in subparagraphs (A), (B), and 
(C), by inserting ‘‘(statutory and nonstatu-
tory), including section 2241 of title 28, 
United States Code, or any other habeas 
corpus provision, and sections 1361 and 
1651 of title 28, United States Code’’ after 
‘‘Notwithstanding any other provision of 
law’’; and
208 
∆(ii) by adding at the end the fol-
lowing: 
∆‘‘(D) JUDICIAL
REVIEW
OF
CERTAIN 
LEGAL
CLAIMS.—Nothing in this paragraph 
shall be construed as precluding consideration by 
the circuit courts of appeals of constitutional 
claims or pure questions of law raised upon peti-
tions for review filed in accordance with this sec-
tion. Notwithstanding any other provision of law 
(statutory and nonstatutory), including section 
2241 of title 28, United States Code, or, except 
as provided in subsection (e), any other habeas 
corpus provision, and sections 1361 and 1651 of 
title 28, United States Code, such petitions for 
review shall be the sole and exclusive means of 
raising any and all claims with respect to orders 
of removal entered or issued under any provision 
of this Act.’’; and 
∆(B) by adding at the end the following: 
∆‘‘(4) CLAIMS
UNDER
THE
UNITED
NATIONS 
CONVENTION.—Notwithstanding any other provision 
of law (statutory and nonstatutory), including section 
2241 of title 28, United States Code, or any other ha-
beas corpus provision, and sections 1361 and 1651 of 
title 28, United States Code, a petition for review by
209 
the circuit courts of appeals filed in accordance with 
this section is the sole and exclusive means of judicial 
review of claims arising under the United Nations 
Convention Against Torture and Other Forms of 
Cruel, Inhuman, or Degrading Treatment or Punish-
ment. 
∆‘‘(5) EXCLUSIVE MEANS OF REVIEW.—The judi-
cial review specified in this subsection shall be the 
sole and exclusive means for review by any court of 
an order of removal entered or issued under any pro-
vision of this Act. For purposes of this title, in every 
provision that limits or eliminates judicial review or 
jurisdiction to review, the terms ‘judicial review’ and 
‘jurisdiction to review’ include habeas corpus review 
pursuant to section 2241 of title 28, United States 
Code, or any other habeas corpus provision, sections 
1361 and 1651 of title 28, United States Code, and 
review pursuant to any other provision of law.’’; 
∆(2) in subsection (b)— 
∆(A) in paragraph (3)(B), by inserting 
‘‘pursuant to subsection (f)’’ after ‘‘unless’’; and 
∆(B) in paragraph (9), by adding at the 
end the following: ‘‘Except as otherwise provided 
in this subsection, no court shall have jurisdic-
tion, by habeas corpus under section 2241 of title
210 
28, United States Code, or any other habeas cor-
pus provision, by section 1361 or 1651 of title 
28, United States Code, or by any other provi-
sion of law (statutory or nonstatutory), to hear 
any cause or claim subject to these consolidation 
provisions.’’; 
∆(3) in subsection (f)(2), by inserting ‘‘or stay, 
by temporary or permanent order, including stays 
pending judicial review,’’ after ‘‘no court shall en-
join’’; and 
∆(4) in subsection (g), by inserting ‘‘(statutory 
and nonstatutory), including section 2241 of title 28, 
United States Code, or any other habeas corpus provi-
sion, and sections 1361 and 1651 of title 28, United 
States Code’’ after ‘‘notwithstanding any other provi-
sion of law’’. 
∆(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect upon the date of enactment 
of this Act and shall apply to cases in which the final ad-
ministrative removal order was issued before, on, or after 
the date of enactment of this Act.
211 
∆CHAPTER 2—DEPORTATION OF TERROR-
ISTS 
AND 
SUPPORTERS 
OF 
TER-
RORISM 
∆SEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION 
ON REMOVAL. 
∆(a) IN GENERAL.—Section 241(b)(3)(B) (8 U.S.C. 
1231(b)(3)(B)) is amended— 
∆(1) in the matter preceding clause (i), by strik-
ing ‘‘section 237(a)(4)(D)’’ and inserting ‘‘paragraph 
(4)(B) or (4)(D) of section 237(a)’’; and 
∆(2) in clause (iii), by striking ‘‘or’’; 
∆(3) in clause (iv), by striking the period and 
inserting ‘‘; or’’ ; 
∆(4) by inserting after clause (iv) and following: 
∆‘‘(v) the alien is described in sub-
clause (I), (II), (III), (IV), or (VI) of section 
212(a)(3)(B)(i) or section 237(a)(4)(B), un-
less, in the case only of an alien described 
in subclause (IV) of section 212(a)(3)(B)(i), 
the Secretary of Homeland Security deter-
mines, in the Secretary’s discretion, that 
there are not reasonable grounds for regard-
ing the alien as a danger to the security of 
the United States.’’; and 
∆(5) by striking the last sentence.
212 
∆(b) EXCEPTIONS.—Section 208(b)(2)(A)(v) of the Im-
migration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) 
is amended— 
∆(1) by striking ‘‘inadmissible under’’ each place 
such term appears and inserting ‘‘described in’’; and 
∆(2) by striking ‘‘removable under’’. 
∆(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to— 
∆(1) removal proceedings instituted before, on, or 
after the date of the enactment of this Act; and 
∆(2) acts and conditions constituting a ground 
for inadmissibility or removal occurring or existing 
before, on, or after such date. 
∆SEC. 3032. EXCEPTION TO RESTRICTION ON REMOVAL FOR 
TERRORISTS AND CRIMINALS. 
∆(a) REGULATIONS.— 
∆(1) REVISION DEADLINE.—Not later than 120 
days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall revise the regu-
lations prescribed by the Secretary to implement the 
United Nations Convention Against Torture and 
Other Forms of Cruel, Inhuman or Degrading Treat-
ment or Punishment, done at New York on December 
10, 1984.
213 
∆(2) EXCLUSION OF CERTAIN ALIENS.—The revi-
sion— 
∆(A) shall exclude from the protection of 
such regulations aliens described in section 
241(b)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1231(b)(3)(B)) (as amended 
by this title), including rendering such aliens in-
eligible for withholding or deferral of removal 
under the Convention; and 
∆(B) shall ensure that the revised regula-
tions operate so as to— 
∆(i) allow for the reopening of deter-
minations made under the regulations be-
fore the effective date of the revision; and 
∆(ii) apply to acts and conditions con-
stituting a ground for ineligibility for the 
protection of such regulations, as revised, 
regardless of when such acts or conditions 
occurred. 
∆(3) BURDEN
OF
PROOF.—The revision shall 
also ensure that the burden of proof is on the appli-
cant for withholding or deferral of removal under the 
Convention to establish by clear and convincing evi-
dence that he or she would be tortured if removed to 
the proposed country of removal.
214 
∆(b) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, no court shall have jurisdiction to review 
the regulations adopted to implement this section, and noth-
ing in this section shall be construed as providing any court 
jurisdiction to consider or review claims raised under the 
Convention or this section, except as part of the review of 
a final order of removal pursuant to section 242 of the Im-
migration and Nationality Act (8 U.S.C. 1252). 
∆SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES. 
∆(a) IN GENERAL.—Section 241(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(b)) is amended— 
∆(1) in paragraph (1)— 
∆(A) in each of subparagraphs (A) and (B), 
by striking the period at the end and inserting 
‘‘unless, in the opinion of the Secretary of Home-
land Security, removing the alien to such coun-
try would be prejudicial to the United States.’’; 
and 
∆(B) by amending subparagraph (C) to 
read as follows: 
∆‘‘(C) ALTERNATIVE
COUNTRIES.—If the 
alien is not removed to a country designated in 
subparagraph (A) or (B), the Secretary of Home-
land Security shall remove the alien to—
215 
∆‘‘(i) the country of which the alien is 
a citizen, subject, or national, where the 
alien was born, or where the alien has a 
residence, unless the country physically pre-
vents the alien from entering the country 
upon the alien’s removal there; or 
∆‘‘(ii) any country whose government 
will accept the alien into that country.’’; 
and 
∆(2) in paragraph (2)— 
∆(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; 
∆(B) by amending subparagraph (D) to 
read as follows: 
∆‘‘(D) ALTERNATIVE
COUNTRIES.—If the 
alien is not removed to a country designated 
under subparagraph (A)(i), the Secretary of 
Homeland Security shall remove the alien to a 
country of which the alien is a subject, national, 
or citizen, or where the alien has a residence, un-
less— 
∆‘‘(i) such country physically prevents 
the alien from entering the country upon 
the alien’s removal there; or
216 
∆‘‘(ii) in the opinion of the Secretary 
of Homeland Security, removing the alien 
to the country would be prejudicial to the 
United States.’’; and 
∆(C) by amending subparagraph (E)(vii) to 
read as follows: 
∆‘‘(vii) Any country whose government 
will accept the alien into that country.’’. 
∆(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enactment 
of this Act and shall apply to any deportation, exclusion, 
or removal on or after such date pursuant to any deporta-
tion, exclusion, or removal order, regardless of whether such 
order is administratively final before, on, or after such date. 
∆Subtitle B—Identity Management 
Security 
∆CHAPTER 1—IMPROVED SECURITY FOR 
DRIVERS’ LICENSES AND PERSONAL 
IDENTIFICATION CARDS 
∆SEC. 3051. DEFINITIONS. 
∆In this chapter, the following definitions apply: 
∆(1) DRIVER’S LICENSE.—The term ‘‘driver’s li-
cense’’ means a motor vehicle operator’s license, as de-
fined in section 30301 of title 49, United States Code.
217 
∆(2) IDENTIFICATION CARD.—The term ‘‘identi-
fication card’’ means a personal identification card, 
as defined in section 1028(d) of title 18, United 
States Code, issued by a State. 
∆(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
∆(4) STATE.—The term ‘‘State’’ means a State 
of the United States, the District of Columbia, Puerto 
Rico, the Virgin Islands, Guam, American Samoa, 
the Northern Mariana Islands, the Trust Territory of 
the Pacific Islands, and any other territory or posses-
sion of the United States. 
∆SEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND 
ISSUANCE STANDARDS FOR FEDERAL REC-
OGNITION. 
∆(a) MINIMUM STANDARDS FOR FEDERAL USE.— 
∆(1) IN GENERAL.—Beginning 3 years after the 
date of enactment of this Act, a Federal agency may 
not accept, for any official purpose, a driver’s license 
or identification card issued by a State to any person 
unless the State is meeting the requirements of this 
section. 
∆(2) STATE
CERTIFICATIONS.—The Secretary 
shall determine whether a State is meeting the re-
quirements of this section based on certifications
218 
made by the State to the Secretary. Such certifi-
cations shall be made at such times and in such man-
ner as the Secretary, in consultation with the Sec-
retary of Transportation, may prescribe by regula-
tion. 
∆(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet 
the requirements of this section, a State shall include, at 
a minimum, the following information and features on each 
driver’s license and identification card issued to a person 
by the State: 
∆(1) The person’s full legal name. 
∆(2) The person’s date of birth. 
∆(3) The person’s gender. 
∆(4) The person’s driver license or identification 
card number. 
∆(5) A digital photograph of the person. 
∆(6) The person’s address of principal residence. 
∆(7) The person’s signature. 
∆(8) Physical security features designed to pre-
vent tampering, counterfeiting, or duplication of the 
document for fraudulent purposes. 
∆(9) A common machine-readable technology, 
with defined minimum data elements. 
∆(c) MINIMUM ISSUANCE STANDARDS.—
219 
∆(1) IN GENERAL.—To meet the requirements of 
this section, a State shall require, at a minimum, 
presentation and verification of the following infor-
mation before issuing a driver’s license or identifica-
tion card to a person: 
∆(A) A photo identity document, except 
that a non-photo identity document is acceptable 
if it includes both the person’s full legal name 
and date of birth. 
∆(B) Documentation showing the person’s 
date of birth. 
∆(C) Proof of the person’s social security 
account number or verification that the person is 
not eligible for a social security account number. 
∆(D) Documentation showing the person’s 
name and address of principal residence. 
∆(2) SPECIAL REQUIREMENTS.— 
∆(A) IN GENERAL.—To meet the require-
ments of this section, a State shall comply with 
the minimum standards of this paragraph. 
∆(B) EVIDENCE
OF
LEGAL
STATUS.—A 
State shall require, before issuing a driver’s li-
cense or identification card to a person, valid 
documentary evidence that the person— 
∆(i) is a citizen of the United States;
220 
∆(ii) is an alien lawfully admitted for 
permanent or temporary residence in the 
United States; 
∆(iii) has conditional permanent resi-
dent status in the United States; 
∆(iv) has a valid, unexpired non-
immigrant visa or nonimmigrant visa sta-
tus for entry into the United States; 
∆(v) has a pending or approved appli-
cation for asylum in the United States; 
∆(vi) has entered into the United 
States in refugee status; 
∆(vii) has a pending or approved ap-
plication for temporary protected status in 
the United States; 
∆(viii) has approved deferred action 
status; or 
∆(ix) has a pending application for 
adjustment of status to that of an alien law-
fully admitted for permanent residence in 
the United States or conditional permanent 
resident status in the United States. 
∆(C) TEMPORARY DRIVERS’ LICENSES AND 
IDENTIFICATION CARDS.—
221 
∆(i) IN GENERAL.—If a person pre-
sents evidence under any of clauses (iv) 
through (ix) of subparagraph (B), the State 
may only issue a temporary driver’s license 
or temporary identification card to the per-
son. 
∆(ii) 
EXPIRATION
DATE.—A 
tem-
porary driver’s license or temporary identi-
fication card issued pursuant to this sub-
paragraph shall be valid only during the 
period of time of the applicant’s authorized 
stay in the United States or if there is no 
definite end to the period of authorized stay 
a period of one year. 
∆(iii) 
DISPLAY
OF
EXPIRATION 
DATE.—A temporary driver’s license or 
temporary identification card issued pursu-
ant to this subparagraph shall clearly indi-
cate that it is temporary and shall state the 
date on which it expires. 
∆(iv) RENEWAL.—A temporary driv-
er’s license or temporary identification card 
issued pursuant to this subparagraph may 
be renewed only upon presentation of valid 
documentary evidence that the status by
222 
which the applicant qualified for the tem-
porary driver’s license or temporary identi-
fication card has been extended by the Sec-
retary of Homeland Security. 
∆(3) APPLICATIONS
FOR
RENEWAL, DUPLICA-
TION, OR REISSUANCE.— 
∆(A) 
PRESUMPTION.—For 
purposes 
of 
paragraphs (1) and (2), a State shall presume 
that any driver’s license or identification card 
for which an application has been made for re-
newal, duplication, or reissuance has been issued 
in accordance with the provisions of such para-
graphs if, at the time the application is made, 
the driver’s license or identification card has not 
expired or been canceled, suspended, or revoked. 
∆(B) LIMITATION.—Subparagraph (A) shall 
not apply to a renewal, duplication, or 
reissuance if the State is notified by a local, 
State, or Federal government agency that the 
person seeking such renewal, duplication, or 
reissuance is neither a citizen of the United 
States nor legally in the United States. 
∆(4) VERIFICATION
OF
DOCUMENTS.—To meet 
the requirements of this section, a State shall imple-
ment the following procedures:
223 
∆(A) Before issuing a driver’s license or 
identification card to a person, the State shall 
verify, with the issuing agency, the issuance, va-
lidity, and completeness of each document re-
quired to be presented by the person under para-
graph (1) or (2). 
∆(B) The State shall not accept any foreign 
document, other than an official passport, to sat-
isfy a requirement of paragraph (1) or (2). 
∆(C) Not later than September 11, 2005, 
the State shall enter into a memorandum of un-
derstanding with the Secretary of Homeland Se-
curity to routinely utilize the automated system 
known as Systematic Alien Verification for Enti-
tlements, as provided for by section 404 of the Il-
legal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (110 Stat. 3009–664), to 
verify the legal presence status of a person, other 
than a United States citizen, applying for a 
driver’s license or identification card. 
∆(d) OTHER REQUIREMENTS.—To meet the require-
ments of this section, a State shall adopt the following prac-
tices in the issuance of drivers’ licenses and identification 
cards:
224 
∆(1) Employ technology to capture digital im-
ages of identity source documents so that the images 
can be retained in electronic storage in a transferable 
format. 
∆(2) Retain paper copies of source documents for 
a minimum of 7 years or images of source documents 
presented for a minimum of 10 years. 
∆(3) Subject each person applying for a driver’s 
license or identification card to mandatory facial 
image capture. 
∆(4) Establish an effective procedure to confirm 
or verify a renewing applicant’s information. 
∆(5) Confirm with the Social Security Adminis-
tration a social security account number presented by 
a person using the full social security account num-
ber. In the event that a social security account num-
ber is already registered to or associated with another 
person to which any State has issued a driver’s li-
cense or identification card, the State shall resolve the 
discrepancy and take appropriate action. 
∆(6) Refuse to issue a driver’s license or identi-
fication card to a person holding a driver’s license 
issued by another State without confirmation that the 
person is terminating or has terminated the driver’s 
license.
225 
∆(7) Ensure the physical security of locations 
where drivers’ licenses and identification cards are 
produced and the security of document materials and 
papers from which drivers’ licenses and identification 
cards are produced. 
∆(8) Subject all persons authorized to manufac-
ture or produce drivers’ licenses and identification 
cards to appropriate security clearance requirements. 
∆(9) Establish fraudulent document recognition 
training programs for appropriate employees engaged 
in the issuance of drivers’ licenses and identification 
cards. 
∆SEC. 3053. LINKING OF DATABASES. 
∆(a) IN GENERAL.—To be eligible to receive any grant 
or other type of financial assistance made available under 
this subtitle, a State shall participate in the interstate com-
pact regarding sharing of driver license data, known as the 
‘‘Driver License Agreement’’, in order to provide electronic 
access by a State to information contained in the motor 
vehicle databases of all other States. 
∆(b) REQUIREMENTS
FOR INFORMATION.—A State 
motor vehicle database shall contain, at a minimum, the 
following information: 
∆(1) All data fields printed on drivers’ licenses 
and identification cards issued by the State.
226 
∆(2) Motor vehicle drivers’ histories, including 
motor vehicle violations, suspensions, and points on 
licenses. 
∆SEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES 
FOR USE IN FALSE IDENTIFICATION DOCU-
MENTS. 
∆Section 1028(a)(8) of title 18, United States Code, 
is amended by striking ‘‘false authentication features’’ and 
inserting ‘‘false or actual authentication features’’. 
∆SEC. 3055. GRANTS TO STATES. 
∆(a) IN GENERAL.—The Secretary shall make avail-
able grants to a State to assist the State in conforming to 
the minimum standards set forth in this chapter. 
∆(b) 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 chapter. 
∆SEC. 3056. AUTHORITY. 
∆(a) PARTICIPATION OF SECRETARY OF TRANSPOR-
TATION AND STATES.—All authority to issue regulations, 
certify standards, and issue grants under this chapter shall 
be carried out by the Secretary, in consultation with the 
Secretary of Transportation and the States. 
∆(b) EXTENSIONS
OF DEADLINES.—The Secretary 
may grant to a State an extension of time to meet the re-
227 
quirements of section 3052(a)(1) if the State provides ade-
quate justification for noncompliance. 
∆CHAPTER 2—IMPROVED SECURITY FOR 
BIRTH CERTIFICATES 
∆SEC. 3061. DEFINITIONS. 
∆(a) APPLICABILITY OF DEFINITIONS.—Except as oth-
erwise specifically provided, the definitions contained in 
section 3051 apply to this chapter. 
∆(b) OTHER DEFINITIONS.—In this chapter, the fol-
lowing definitions apply: 
∆(1) BIRTH CERTIFICATE.—The term ‘‘birth cer-
tificate’’ means a certificate of birth— 
∆(A) for an individual (regardless of where 
born)— 
∆(i) who is a citizen or national of the 
United States at birth; and 
∆(ii) whose birth is registered in the 
United States; and 
∆(B) that— 
∆(i) is issued by a Federal, State, or 
local government agency or authorized cus-
todian of record and produced from birth 
records maintained by such agency or custo-
dian of record; or
228 
∆(ii) is an authenticated copy, issued 
by a Federal, State, or local government 
agency or authorized custodian of record, of 
an original certificate of birth issued by 
such agency or custodian of record. 
∆(2) 
REGISTRANT.—The 
term 
‘‘registrant’’ 
means, with respect to a birth certificate, the person 
whose birth is registered on the certificate. 
∆(3) STATE.—The term ‘‘State’’ shall have the 
meaning given such term in section 3051; except that 
New York City shall be treated as a State separate 
from New York. 
∆SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO 
LOCAL GOVERNMENTS. 
∆The minimum standards in this chapter applicable 
to birth certificates issued by a State shall also apply to 
birth certificates issued by a local government in the State. 
It shall be the responsibility of the State to ensure that local 
governments in the State comply with the minimum stand-
ards. 
∆SEC. 3063. MINIMUM STANDARDS FOR FEDERAL RECOGNI-
TION. 
∆(a) MINIMUM STANDARDS FOR FEDERAL USE.— 
∆(1) IN GENERAL.—Beginning 3 years after the 
date of enactment of this Act, a Federal agency may
229 
not accept, for any official purpose, a birth certificate 
issued by a State to any person unless the State is 
meeting the requirements of this section. 
∆(2) STATE
CERTIFICATIONS.—The Secretary 
shall determine whether a State is meeting the re-
quirements of this section based on certifications 
made by the State to the Secretary. Such certifi-
cations shall be made at such times and in such man-
ner as the Secretary, in consultation with the Sec-
retary of Health and Human Services, may prescribe 
by regulation. 
∆(b) MINIMUM DOCUMENT STANDARDS.—To meet the 
requirements of this section, a State shall include, on each 
birth certificate issued to a person by the State, the use of 
safety paper, the seal of the issuing custodian of record, and 
such other features as the Secretary may determine nec-
essary to prevent tampering, counterfeiting, and otherwise 
duplicating the birth certificate for fraudulent purposes. 
The Secretary may not require a single design to which 
birth certificates issued by all States must conform. 
∆(c) MINIMUM ISSUANCE STANDARDS.— 
∆(1) IN GENERAL.—To meet the requirements of 
this section, a State shall require and verify the fol-
lowing information from the requestor before issuing 
an authenticated copy of a birth certificate:
230 
∆(A) The name on the birth certificate. 
∆(B) The date and location of the birth. 
∆(C) The mother’s maiden name. 
∆(D) Substantial proof of the requestor’s 
identity. 
∆(2) ISSUANCE
TO
PERSONS
NOT
NAMED
ON 
BIRTH CERTIFICATE.—To meet the requirements of 
this section, in the case of a request by a person who 
is not named on the birth certificate, a State must re-
quire the presentation of legal authorization to re-
quest the birth certificate before issuance. 
∆(3) ISSUANCE TO FAMILY MEMBERS.—Not later 
than one year after the date of enactment of this Act, 
the Secretary, in consultation with the Secretary of 
Health and Human Services and the States, shall es-
tablish minimum standards for issuance of a birth 
certificate to specific family members, their author-
ized representatives, and others who demonstrate that 
the certificate is needed for the protection of the re-
questor’s personal or property rights. 
∆(4) WAIVERS.—A State may waive the require-
ments set forth in subparagraphs (A) through (C) of 
subsection (c)(1) in exceptional circumstances, such as 
the incapacitation of the registrant.
231 
∆(5) APPLICATIONS BY ELECTRONIC MEANS.—To 
meet the requirements of this section, for applications 
by electronic means, through the mail or by phone or 
fax, a State shall employ third party verification, or 
equivalent verification, of the identity of the re-
questor. 
∆(6) VERIFICATION
OF
DOCUMENTS.—To meet 
the requirements of this section, a State shall verify 
the documents used to provide proof of identity of the 
requestor. 
∆(d) OTHER REQUIREMENTS.—To meet the require-
ments of this section, a State shall adopt, at a minimum, 
the following practices in the issuance and administration 
of birth certificates: 
∆(1) Establish and implement minimum build-
ing security standards for State and local vital record 
offices. 
∆(2) Restrict public access to birth certificates 
and information gathered in the issuance process to 
ensure that access is restricted to entities with which 
the State has a binding privacy protection agreement. 
∆(3) Subject all persons with access to vital 
records to appropriate security clearance require-
ments.
232 
∆(4) Establish fraudulent document recognition 
training programs for appropriate employees engaged 
in the issuance process. 
∆(5) Establish and implement internal oper-
ating system standards for paper and for electronic 
systems. 
∆(6) Establish a central database that can pro-
vide interoperative data exchange with other States 
and with Federal agencies, subject to privacy restric-
tions and confirmation of the authority and identity 
of the requestor. 
∆(7) Ensure that birth and death records are 
matched in a comprehensive and timely manner, and 
that all electronic birth records and paper birth cer-
tificates of decedents are marked ‘‘deceased’’. 
∆(8) Cooperate with the Secretary in the imple-
mentation of electronic verification of vital events 
under section 3065. 
∆SEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS. 
∆In consultation with the Secretary of Health and 
Human Services and the Commissioner of Social Security, 
the Secretary shall take the following actions: 
∆(1) Work with the States to establish a common 
data set and common data exchange protocol for elec-
233 
tronic birth registration systems and death registra-
tion systems. 
∆(2) Coordinate requirements for such systems to 
align with a national model. 
∆(3) Ensure that fraud prevention is built into 
the design of electronic vital registration systems in 
the collection of vital event data, the issuance of birth 
certificates, and the exchange of data among govern-
ment agencies. 
∆(4) Ensure that electronic systems for issuing 
birth certificates, in the form of printed abstracts of 
birth records or digitized images, employ a common 
format of the certified copy, so that those requiring 
such documents can quickly confirm their validity. 
∆(5) Establish uniform field requirements for 
State birth registries. 
∆(6) Not later than 1 year after the date of en-
actment of this Act, establish a process with the De-
partment of Defense that will result in the sharing of 
data, with the States and the Social Security Admin-
istration, regarding deaths of United States military 
personnel and the birth and death of their dependents. 
∆(7) Not later than 1 year after the date of en-
actment of this Act, establish a process with the De-
partment of State to improve registration, notifica-
234 
tion, and the sharing of data with the States and the 
Social Security Administration, regarding births and 
deaths of United States citizens abroad. 
∆(8) Not later than 3 years after the date of es-
tablishment of databases provided for under this sec-
tion, require States to record and retain electronic 
records of pertinent identification information col-
lected from requestors who are not the registrants. 
∆(9) Not later than 6 months after the date of 
enactment of this Act, submit to Congress, a report on 
whether there is a need for Federal laws to address 
penalties for fraud and misuse of vital records and 
whether violations are sufficiently enforced. 
∆SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS. 
∆(a) LEAD AGENCY.—The Secretary shall lead the im-
plementation of electronic verification of a person’s birth 
and death. 
∆(b) REGULATIONS.—In carrying out subsection (a), 
the Secretary shall issue regulations to establish a means 
by which authorized Federal and State agency users with 
a single interface will be able to generate an electronic query 
to any participating vital records jurisdiction throughout 
the Nation to verify the contents of a paper birth certificate. 
Pursuant to the regulations, an electronic response from the 
participating vital records jurisdiction as to whether there
235 
is a birth record in their database that matches the paper 
birth certificate will be returned to the user, along with an 
indication if the matching birth record has been flagged 
‘‘deceased’’. The regulations shall take effect not later than 
5 years after the date of enactment of this Act. 
∆SEC. 3066. GRANTS TO STATES. 
∆(a) IN GENERAL.—The Secretary shall make avail-
able grants to a State to assist the State in conforming to 
the minimum standards set forth in this chapter. 
∆(b) 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 chapter. 
∆SEC. 3067. AUTHORITY. 
∆(a) PARTICIPATION WITH FEDERAL AGENCIES AND 
STATES.—All authority to issue regulations, certify stand-
ards, and issue grants under this chapter shall be carried 
out by the Secretary, with the concurrence of the Secretary 
of Health and Human Services and in consultation with 
State vital statistics offices and appropriate Federal agen-
cies. 
∆(b) EXTENSIONS
OF DEADLINES.—The Secretary 
may grant to a State an extension of time to meet the re-
quirements of section 3063(a)(1) if the State provides ade-
quate justification for noncompliance.
236 
∆CHAPTER 3—MEASURES TO ENHANCE 
PRIVACY AND INTEGRITY OF SOCIAL 
SECURITY ACCOUNT NUMBERS 
∆SEC. 3071. PROHIBITION OF THE DISPLAY OF SOCIAL SE-
CURITY ACCOUNT NUMBERS ON DRIVER’S LI-
CENSES 
OR 
MOTOR 
VEHICLE 
REGISTRA-
TIONS. 
∆(a) IN GENERAL.—Section 205(c)(2)(C)(vi) of the 
Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amend-
ed— 
∆(1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and 
∆(2) by adding at the end the following new sub-
clause: 
∆‘‘(II) Any State or political subdivision thereof (and 
any person acting as an agent of such an agency or instru-
mentality), 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 or motor vehicle registra-
tion or any other document issued by such State or political 
subdivision to an individual for purposes of identification 
of such individual or include on any such licence, registra-
tion, or other document a magnetic strip, bar code, or other
237 
means of communication which conveys such number (or 
derivative thereof).’’. 
∆(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to licenses, registra-
tions, and other documents issued or reissued after 1 year 
after the date of the enactment of this Act. 
∆SEC. 
3072. 
INDEPENDENT 
VERIFICATION 
OF 
BIRTH 
RECORDS PROVIDED IN SUPPORT OF APPLI-
CATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS. 
∆(a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS.—Section 205(c)(2)(B)(ii) of the Social Security 
Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended— 
∆(1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 
∆(2) by adding at the end the following new sub-
clause: 
∆‘‘(II) With respect to an application for a social secu-
rity account number for an individual, other than for pur-
poses of enumeration at birth, the Commissioner shall re-
quire independent verification of any birth record provided 
by the applicant in support of the application. The Com-
missioner may provide by regulation for reasonable excep-
tions from the requirement for independent verification 
under this subclause in any case in which the Commissioner 
determines there is minimal opportunity for fraud.’’.
238 
∆(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to applications filed 
after 270 days after the date of the enactment of this Act. 
∆(c) STUDY REGARDING APPLICATIONS FOR REPLACE-
MENT SOCIAL SECURITY CARDS.— 
∆(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Commis-
sioner of Social Security shall undertake a study to 
test the feasibility and cost effectiveness of verifying 
all identification documents submitted by an appli-
cant for a replacement social security card. As part 
of such study, the Commissioner shall determine the 
feasibility of, and the costs associated with, the devel-
opment of appropriate electronic processes for third 
party verification of any such identification docu-
ments which are issued by agencies and instrumental-
ities of the Federal Government and of the States 
(and political subdivisions thereof). 
∆(2) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Commissioner 
shall 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 undertaken under paragraph (1). Such report 
shall contain such recommendations for legislative
239 
changes as the Commissioner considers necessary to 
implement needed improvements in the process for 
verifying identification documents submitted by ap-
plicants for replacement social security cards. 
∆SEC. 3073. ENUMERATION AT BIRTH. 
∆(a) IMPROVEMENT OF APPLICATION PROCESS.— 
∆(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Commis-
sioner of Social Security shall undertake to make im-
provements 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 ac-
count numbers to unnamed children; 
∆(B) the issuance of more than 1 social se-
curity account number to the same child; and 
∆(C) other opportunities for fraudulently 
obtaining a social security account number. 
∆(2) REPORT
TO
THE
CONGRESS.—Not later 
than 1 year after the date of the enactment of this 
Act, the Commissioner shall transmit to each House 
of the Congress a report specifying in detail the extent 
to which the improvements required under paragraph 
(1) have been made.
240 
∆(b) STUDY REGARDING PROCESS FOR ENUMERATION 
AT BIRTH.— 
∆(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Commis-
sioner of Social Security shall undertake a study to 
determine the most efficient options for ensuring the 
integrity of the process for enumeration at birth. Such 
study shall include an examination of available meth-
ods for reconciling hospital birth records with birth 
registrations submitted to agencies of States and po-
litical subdivisions thereof and with information pro-
vided to the Commissioner as part of the process for 
enumeration at birth. 
∆(2) REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Commis-
sioner shall report to the Committee on Ways and 
Means of the House of Representatives and the Com-
mittee on Finance of the Senate regarding the results 
of the study undertaken under paragraph (1). Such 
report shall contain such recommendations for legisla-
tive changes as the Commissioner considers necessary 
to implement needed improvements in the process for 
enumeration at birth.
241 
∆SEC. 3074. STUDY RELATING TO USE OF PHOTOGRAPHIC 
IDENTIFICATION IN CONNECTION WITH AP-
PLICATIONS FOR BENEFITS, SOCIAL SECU-
RITY ACCOUNT NUMBERS, AND SOCIAL SECU-
RITY CARDS. 
∆(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Commissioner of So-
cial Security shall undertake a study to— 
∆(1) determine the best method of requiring and 
obtaining photographic identification of applicants 
for old-age, survivors, and disability insurance bene-
fits under title II of the Social Security Act, for a so-
cial security account number, or for a replacement so-
cial security card, and of providing for reasonable ex-
ceptions to any requirement for photographic identi-
fication of such applicants that may be necessary to 
promote efficient and effective administration of such 
title, and 
∆(2) evaluate the benefits and costs of instituting 
such a requirement for photographic identification, 
including the degree to which the security and integ-
rity of the old-age, survivors, and disability insurance 
program would be enhanced. 
∆(b) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Commissioner shall 
report to the Committee on Ways and Means of the House
242 
of Representatives and the Committee on Finance of the 
Senate regarding the results of the study undertaken under 
subsection (a). Such report shall contain such recommenda-
tions for legislative changes as the Commissioner considers 
necessary relating to requirements for photographic identi-
fication of applicants described in subsection (a). 
∆SEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE RE-
PLACEMENT SOCIAL SECURITY CARDS. 
∆(a) IN GENERAL.—Section 205(c)(2)(G) of the Social 
Security Act (42 U.S.C. 405(c)(2)(G)) is amended by add-
ing at the end the following new sentence: ‘‘The Commis-
sioner shall restrict the issuance of multiple replacement so-
cial security cards to any individual to 3 per year and 
to 10 for the life of the individual, except in any case in 
which the Commissioner determines there is minimal op-
portunity for fraud.’’. 
∆(b) REGULATIONS
AND
EFFECTIVE
DATE.—The 
Commissioner of Social Security shall issue regulations 
under the amendment made by subsection (a) not later than 
1 year after the date of the enactment of this Act. Systems 
controls developed by the Commissioner pursuant to such 
amendment shall take effect upon the earlier of the issuance 
of such regulations or the end of such 1-year period.
243 
∆SEC. 3076. STUDY RELATING TO MODIFICATION OF THE 
SOCIAL 
SECURITY 
ACCOUNT 
NUMBERING 
SYSTEM TO SHOW WORK AUTHORIZATION 
STATUS. 
∆(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Commissioner of So-
cial Security, in consultation with the Secretary of Home-
land Security, shall undertake a study to examine the best 
method of modifying the social security account number as-
signed to individuals who— 
∆(1) are not citizens of the United States, 
∆(2) have not been admitted for permanent resi-
dence, and 
∆(3) are not authorized by the Secretary of 
Homeland Security to work in the United States, or 
are so authorized subject to one or more restrictions, 
∆so as to include an indication of such lack of author-
ization to work or such restrictions on such an authoriza-
tion. 
∆(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Commissioner shall report 
to the Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate 
regarding the results of the study undertaken under this sec-
tion. Such report shall include the Commissioner’s rec-
ommendations of feasible options for modifying the social
244 
security account number in the manner described in sub-
section (a). 
∆Subtitle C—Targeting Terrorist 
Travel 
∆SEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS 
AND TRAVEL HISTORY DATABASE. 
∆(a) IN GENERAL.—Not later than May 31, 2005, the 
Comptroller General of the United States, the Secretary of 
State, and the Secretary of Homeland Security each shall 
submit to the Committees on the Judiciary of the House 
of Representatives and of the Senate, the Committee on 
International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate the 
results of a separate study on the subjects described in sub-
section (c). 
∆(b) STUDY.—The study submitted by the Secretary 
of State under subsection (a) shall be completed by the Of-
fice of Visa and Passport Control of the Department of 
State, in coordination with the appropriate officials of the 
Department of Homeland Security. 
∆(c) CONTENTS.—The studies described in subsection 
(a) shall examine the feasibility, cost, potential benefits, 
and relative importance to the objectives of tracking sus-
pected terrorists’ travel, and apprehending suspected terror-
ists, of each of the following:
245 
∆(1) Requiring nationals of all countries to 
present machine-readable, tamper-resistant passports 
that incorporate biometric and document authentica-
tion identifiers. 
∆(2) Creation of a database containing informa-
tion on the lifetime travel history of each foreign na-
tional or United States citizen who might seek to 
enter the United States or another country at any 
time, in order that border and visa issuance officials 
may ascertain the travel history of a prospective en-
trant by means other than a passport. 
∆(d) INCENTIVES.—The studies described in subsection 
(a) shall also make recommendations on incentives that 
might be offered to encourage foreign nations to participate 
in the initiatives described in paragraphs (1) and (2) of 
subsection (c). 
∆SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIR-
PORTS. 
∆(a) IN GENERAL.—Section 235A(a)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1225(a)(4)) is 
amended— 
∆(1) by striking ‘‘October 31, 2000,’’ and insert-
ing ‘‘January 1, 2008,’’; 
∆(2) by striking ‘‘5 additional’’ and inserting 
‘‘up to 25 additional’’;
246 
∆(3) by striking ‘‘number of aliens’’ and insert-
ing ‘‘number of inadmissible aliens, especially aliens 
who are potential terrorists,’’; 
∆(4) by striking ‘‘who are inadmissible to the 
United States.’’ and inserting a period; and 
∆(5) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of Home-
land Security’’. 
∆(b) REPORT.—Not later than June 30, 2006, the Sec-
retary of Homeland Security and the Secretary of State 
shall report to the Committees on the Judiciary of the House 
of Representatives and of the Senate, the Committee on 
International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate on 
the progress being made in implementing the amendments 
made by subsection (a). 
∆(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of Home-
land Security to carry out the amendments made by sub-
section (a)— 
∆(1) $24,000,000 for fiscal year 2005; 
∆(2) $48,000,000 for fiscal year 2006; and 
∆(3) $97,000,000 for fiscal year 2007.
247 
∆SEC. 3083. IMMIGRATION SECURITY INITIATIVE. 
∆(a) IN GENERAL.—Section 235A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(b)) is amended— 
∆(1) in the subsection heading, by inserting 
‘‘AND
IMMIGRATION
SECURITY
INITIATIVE’’ after 
‘‘PROGRAM’’; and 
∆(2) 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 Home-
land Security to carry out the amendments made by sub-
section (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. 3084. RESPONSIBILITIES AND FUNCTIONS OF CON-
SULAR 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 con-
sular officers above the number of such positions for which 
funds were allotted for the preceding fiscal year. 
∆(b) LIMITATION ON USE OF FOREIGN NATIONALS 
FOR NONIMMIGRANT VISA SCREENING.—Section 222(d) of
248 
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 re-
viewed and adjudicated by a consular officer.’’. 
∆(c) TRAINING FOR CONSULAR OFFICERS IN DETEC-
TION 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: ‘‘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 con-
ducting 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 Sec-
retary 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 con-
sular officers at such posts. 
∆(2) PLACEMENT
OF
SPECIALIST.—Not later 
than July 31, 2005, the Secretary shall, in coordina-
249 
tion with the Secretary of Homeland Security, iden-
tify 100 of such posts that experience the greatest fre-
quency of presentation of fraudulent documents by 
visa applicants. The Secretary shall place in each 
such post at least one full-time anti-fraud specialist 
employed by the Department of State to assist the 
consular officers at each such post in the detection of 
such fraud. 
∆SEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RE-
LATED ACTIVITY. 
∆Section 1028 of title 18, United States Code, relating 
to penalties for fraud and related activity in connection 
with identification documents and information, is amend-
ed— 
∆(1) in subsection (b)(1)(A)(i), by striking 
‘‘issued by or under the authority of the United 
States’’ and inserting the following: ‘‘as described in 
subsection (d)’’; 
∆(2) in subsection (b)(2), by striking ‘‘three 
years’’ and inserting ‘‘six years’’; 
∆(3) in subsection (b)(3), by striking ‘‘20 years’’ 
and inserting ‘‘25 years’’; 
∆(4) in subsection (b)(4), by striking ‘‘25 years’’ 
and inserting ‘‘30 years’’; and
250 
∆(5) in subsection (c)(1), by inserting after 
‘‘United States’’ the following: ‘‘Government, a State, 
political subdivision of a State, a foreign government, 
political subdivision of a foreign government, an 
international governmental or an international 
quasi-governmental organization,’’. 
∆SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITI-
ZENSHIP. 
∆Section 1015 of title 18, United States Code, is 
amended— 
∆(1) by striking the dash at the end of subsection 
(f) and inserting ‘‘; or’’; and 
∆(2) by inserting after subsection (f) the fol-
lowing: 
∆‘‘(g) Whoever knowingly makes any false statement 
or claim that he is a citizen of the United States in order 
to enter into, or remain in, the United States—’’. 
∆SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF 
THE DEPARTMENT OF STATE. 
∆(a) LIMITATION.—Notwithstanding any other provi-
sion of law, the Secretary of State shall ensure, subject to 
subsection (b), that the Antiterrorism Assistance Training 
(ATA) program of the Department of State (or any suc-
cessor or related program) under chapter 8 of part II of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et
251 
seq.) (or other relevant provisions of law) is carried out pri-
marily to provide training to host nation security services 
for the specific purpose of ensuring the physical security 
and safety of United States Government facilities and per-
sonnel abroad (as well as foreign dignitaries and training 
related to the protection of such dignitaries), including se-
curity detail training and offenses related to passport or 
visa fraud. 
∆(b) EXCEPTION.—The limitation contained in sub-
section (a) shall not apply, and the Secretary of State may 
expand the ATA program to include other types of 
antiterrorism assistance training, if the Secretary first 
consults with the Attorney General and provides written no-
tification of such proposed expansion to the appropriate 
congressional committees. 
∆(c) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
∆(1) the Committee on International Relations 
and the Committee on the Judiciary of the House of 
Representatives; and 
∆(2) the Committee on Foreign Relations and 
the Committee on the Judiciary of the Senate.
252 
∆SEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND 
CURTAIL TERRORIST TRAVEL THROUGH THE 
USE OF FRAUDULENTLY OBTAINED DOCU-
MENTS. 
∆(a) FINDINGS.—Congress finds the following: 
∆(1) International terrorists travel across inter-
national borders to raise funds, recruit members, 
train for operations, escape capture, communicate, 
and plan and carry out attacks. 
∆(2) The international terrorists who planned 
and carried out the attack on the World Trade Center 
on February 26, 1993, the attack on the embassies of 
the United States in Kenya and Tanzania on August 
7, 1998, the attack on the USS Cole on October 12, 
2000, and the attack on the World Trade Center and 
the Pentagon on September 11, 2001, traveled across 
international borders to plan and carry out these at-
tacks. 
∆(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 inter-
national borders to plan and carry out these attacks.
253 
∆(4) Many of the international terrorists who 
planned and carried out large-scale attacks against 
foreign targets, including the attack in Bali, Indo-
nesia, on October 11, 2002, and the attack in Madrid, 
Spain, on March 11, 2004, traveled across inter-
national borders to plan and carry out these attacks. 
∆(5) Throughout the 1990s, international terror-
ists, 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 one passport. 
∆(6) Two of the September 11, 2001, hijackers 
were carrying passports that had been manipulated 
in a fraudulent manner and several other hijackers 
whose passports did not survive the attacks on the 
World Trade Center and Pentagon were likely to have 
carried passports that were similarly manipulated. 
∆(7) The National Commission on Terrorist At-
tacks upon the United States, (commonly referred to 
as the 9/11 Commission), stated that ‘‘Targeting trav-
el is at least as powerful a weapon against terrorists 
as targeting their money.’’.
254 
∆(b) INTERNATIONAL AGREEMENTS TO TRACK AND 
CURTAIL TERRORIST TRAVEL.— 
∆(1) INTERNATIONAL AGREEMENT ON LOST, STO-
LEN, OR FALSIFIED DOCUMENTS.—The President shall 
lead efforts to track and curtail the travel of terrorists 
by supporting the drafting, adoption, and implemen-
tation of international agreements, and by supporting 
the expansion of existing international agreements, to 
track and stop international travel by terrorists and 
other criminals through the use of lost, stolen, or fal-
sified documents to augment existing United Nations 
and other international anti-terrorism efforts. 
∆(2) CONTENTS
OF
INTERNATIONAL
AGREE-
MENT.—The President shall seek, in the appropriate 
fora, the drafting, adoption, and implementation of 
an effective international agreement requiring— 
∆(A) the establishment of a system to share 
information on lost, stolen, and fraudulent pass-
ports and other travel documents for the pur-
poses of preventing the undetected travel of per-
sons using such passports and other travel docu-
ments that were obtained improperly; 
∆(B) the establishment and implementation 
of a real-time verification system of passports
255 
and other travel documents with issuing authori-
ties; 
∆(C) the assumption of an obligation by 
countries that are parties to the agreement to 
share with officials at ports of entry in any such 
country information relating to lost, stolen, and 
fraudulent passports and other travel documents; 
∆(D) the assumption of an obligation by 
countries that are parties to the agreement— 
∆(i) to criminalize— 
∆(I) the falsification or counter-
feiting 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 counter-
feit 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
256 
∆(VI) attempts to commit, includ-
ing conspiracies to commit, the crimes 
specified above; 
∆(ii) to impose significant penalties so 
as to appropriately punish violations and 
effectively deter these crimes; and 
∆(iii) to limit the issuance of citizen-
ship papers, passports, identification docu-
ments, and the like to persons whose iden-
tity is proven to the issuing authority, who 
have a bona fide entitlement to or need for 
such documents, and 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) the provision of technical assistance to 
State Parties to help them meet their obligations 
under the convention; 
∆(F) the establishment and implementation 
of a system of self-assessments and peer reviews 
to examine the degree of compliance with the 
convention; and 
∆(G) an agreement that would permit im-
migration and border officials to confiscate a 
lost, stolen, or falsified passport at ports of entry
257 
and permit the traveler to return to the sending 
country without being in possession of the lost, 
stolen, or falsified passport, and for the detention 
and investigation of such traveler upon the re-
turn of the traveler to the sending country. 
∆(3) INTERNATIONAL CIVIL AVIATION ORGANIZA-
TION.—The United States shall lead efforts to track 
and curtail the travel of terrorists by supporting ef-
forts at the International Civil Aviation Organization 
to continue to strengthen the security features of pass-
ports and other travel documents. 
∆(c) REPORT.— 
∆(1) IN
GENERAL.—Not later than one year 
after the date of the 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 Com-
mittee on International Relations of the House of 
Representatives and the Committee on Foreign Rela-
tions of the Senate that the goals described in sub-
section (b) have been fully achieved.
258 
∆SEC. 3089. INTERNATIONAL STANDARDS FOR TRANS-
LATION OF NAMES INTO THE ROMAN ALPHA-
BET FOR INTERNATIONAL TRAVEL DOCU-
MENTS AND NAME-BASED WATCHLIST SYS-
TEMS. 
∆(a) FINDINGS.—Congress finds that— 
∆(1) the current lack of a single convention for 
translating Arabic names enabled some of the 19 hi-
jackers 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; 
and 
∆(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 
translation of names into the Roman alphabet in order to 
ensure one common spelling for such names for inter-
national travel documents and name-based watchlist sys-
tems.
259 
∆SEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 
∆(a) FINDINGS.—Consistent with the report of the Na-
tional 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 es-
sential investment in efforts to protect the United States 
by preventing the entry of terrorists. 
∆(b) 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 required by applicable sec-
tions of— 
∆(A) the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public 
Law 104–208); 
∆(B) the Immigration and Naturalization 
Service Data Management Improvement Act of 
2000 (Public Law 106–205); 
∆(C) the Visa Waiver Permanent Program 
Act (Public Law 106–396); 
∆(D) the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (Public Law 
107–173); and 
∆(E) the Uniting and Strengthening Amer-
ica by Providing Appropriate Tools Required to
260 
Intercept and Obstruct Terrorism Act of 2001 
(Public Law 107–56). 
∆(2) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
shall submit a report to Congress on the plan devel-
oped 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 with bi-
ometric 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 with 
biometric exit data systems in use; 
∆(iii) a listing of databases and data 
systems with which the automated entry 
and exit data system are interoperable; 
∆(iv) a description of— 
∆(I) identified deficiencies con-
cerning the accuracy or integrity of the 
information contained in the entry 
and exit data system; 
∆(II) identified deficiencies con-
cerning technology associated with
261 
processing individuals through the sys-
tem; 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 ful-
filling its intended purposes, including pre-
venting terrorists from entering the United 
States; 
∆(B) a description of factors relevant to the 
accelerated implementation of the biometric 
entry and exit system, including— 
∆(i) the earliest date on which the Sec-
retary estimates that full implementation of 
the biometric entry and exit data system 
can be completed; 
∆(ii) the actions the Secretary will 
take to accelerate the full implementation of 
the biometric entry and exit data system at 
all ports of entry through which all aliens 
must pass that are legally required to do so; 
and
262 
∆(iii) the resources and authorities re-
quired 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 entry and exit data system; and 
∆(D) a description of plans for improved or 
added interoperability with any other databases 
or data systems. 
∆(c) INTEGRATION REQUIREMENT.—Not later than 2 
years after the date of the enactment of this Act, the Sec-
retary shall integrate the biometric entry and exit data sys-
tem with all databases and data systems maintained by the 
United States Citizenship and Immigration Services that 
process or contain information on aliens. 
∆(d) MAINTAINING ACCURACY
AND INTEGRITY
OF 
ENTRY AND EXIT DATA SYSTEM.— 
∆(1) IN GENERAL.—The Secretary, in consulta-
tion with other appropriate agencies, 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, and databases and data 
systems linked to the entry and exit data system, that 
ensure the accuracy and integrity of the data.
263 
∆(2) REQUIREMENTS.—The rules, guidelines, 
policies, and procedures established under paragraph 
(1) shall— 
∆(A) incorporate a simple and timely meth-
od for— 
∆(i) correcting errors; and 
∆(ii) clarifying information known to 
cause false hits or misidentification errors; 
and 
∆(B) include procedures for individuals to 
seek corrections of data contained in the data 
systems. 
∆(e) EXPEDITING REGISTERED TRAVELERS ACROSS 
INTERNATIONAL BORDERS.— 
∆(1) FINDINGS.—Consistent with the report of 
the National Commission on Terrorist Attacks Upon 
the United States, Congress finds that— 
∆(A) expediting the travel of previously 
screened and known travelers across the borders 
of the United States should be a high priority; 
and 
∆(B) the process of expediting known trav-
elers across the border can permit inspectors to 
better focus on identifying terrorists attempting 
to enter the United States.
264 
∆(2) DEFINITION.—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 PLAN.— 
∆(A) IN
GENERAL.—As soon as is prac-
ticable, the Secretary shall develop and imple-
ment a plan to expedite the processing of reg-
istered travelers who enter and exit the United 
States through a single registered traveler pro-
gram. 
∆(B) INTEGRATION.—The registered traveler 
program developed under this paragraph shall be 
integrated into the automated biometric entry 
and exit data system described in this section. 
∆(C) REVIEW AND EVALUATION.—In devel-
oping the program under this paragraph, 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
265 
associated with such programs, and the 
costs to travelers to join such programs; and 
∆(iii) increase research and develop-
ment efforts to accelerate the development 
and implementation of a single registered 
traveler program. 
∆(4) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary shall 
submit to the Congress a report describing the De-
partment’s progress on the development and imple-
mentation of the plan required by this subsection. 
∆(f) 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. 3091. ENHANCED RESPONSIBILITIES OF THE COORDI-
NATOR FOR counterterrorism. 
∆(a) DECLARATION OF UNITED STATES POLICY.— 
Congress declares that it shall be the policy of the United 
States to— 
∆(1) make combating terrorist travel and those 
who assist them a priority for the United States 
counterterrorism policy; and 
∆(2) ensure that the information relating to in-
dividuals who help facilitate terrorist travel by cre-
266 
ating false passports, visas, documents used to obtain 
such travel documents, and other documents are fully 
shared within the United States Government and, to 
the extent possible, with and from foreign govern-
ments, in order to initiate United States and foreign 
prosecutions of such individuals. 
∆(b) AMENDMENT.—Section 1(e)(2) of the State De-
partment Basic Authorities Act of 1956 (22 U.S.C. 
2651a(e)(2)) is amended by adding at the end the following: 
∆‘‘(C) ADDITIONAL
DUTIES
RELATING
TO 
TERRORIST TRAVEL.—In addition to the prin-
cipal duties of the Coordinator described in sub-
paragraph (B), the Coordinator shall analyze 
methods used by terrorists to travel internation-
ally, develop policies with respect to curtailing 
terrorist travel, and coordinate such policies with 
the appropriate bureaus and other entities of the 
Department of State, other United States Gov-
ernment agencies, the Human Trafficking and 
Smuggling Center, and foreign governments.’’. 
∆SEC. 3092. ESTABLISHMENT OF OFFICE OF VISA AND PASS-
PORT SECURITY IN THE DEPARTMENT OF 
STATE. 
∆(a) ESTABLISHMENT.—There is established within 
the Bureau of Diplomatic Security of the Department of
267 
State an Office of Visa and Passport Security (in this sec-
tion referred to as the ‘‘Office’’). 
∆(b) HEAD OF OFFICE.— 
∆(1) IN GENERAL.—Notwithstanding any other 
provision of law, the head of the Office shall be an in-
dividual who shall have the rank and status of Dep-
uty Assistant Secretary of State for Diplomatic Secu-
rity (in this section referred to as the ‘‘Deputy Assist-
ant Secretary’’). 
∆(2) RECRUITMENT.—The Under Secretary of 
State for Management shall chose the Deputy Assist-
ant Secretary from among individuals who are Diplo-
matic Security Agents. 
∆(3) QUALIFICATIONS.—The Diplomatic Secu-
rity Agent chosen to serve as the Deputy Assistant 
Secretary shall have expertise and experience in in-
vestigating and prosecuting visa and passport fraud. 
∆(c) DUTIES.— 
∆(1) PREPARATION OF STRATEGIC PLAN.— 
∆(A) IN GENERAL.—The Deputy Assistant 
Secretary, in coordination with the appropriate 
officials of the Department of Homeland Secu-
rity, shall ensure the preparation of a strategic 
plan to target and disrupt individuals and orga-
nizations at home and in foreign countries that
268 
are involved in the fraudulent production, dis-
tribution, use, or other similar activity— 
∆(i) of a United States visa or United 
States passport; 
∆(ii) of documents intended to help 
fraudulently procure a United States visa 
or United States passport, or other docu-
ments intended to gain unlawful entry into 
the United States; or 
∆(iii) of passports and visas issued by 
foreign countries intended to gain unlawful 
entry into the United States. 
∆(B) EMPHASIS.—Such plan shall— 
∆(i) focus particular emphasis on indi-
viduals and organizations that may have 
links to domestic terrorist organizations or 
foreign terrorist organizations (as such term 
is defined in Section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189)); 
∆(ii) require the development of a stra-
tegic 
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
269 
of 1961 (22 U.S.C. 2349aa et seq.) (or other 
relevant provisions of law) to train partici-
pants in the identification of fraudulent 
documents and the forensic detection of such 
documents which may be used to obtain un-
lawful entry into the United States; and 
∆(iii) determine the benefits and costs 
of providing technical assistance to foreign 
governments to ensure the security of pass-
ports, visas, and related documents and to 
investigate, arrest, and prosecute individ-
uals who facilitate travel by the creation of 
false passports and visas, documents to ob-
tain such passports and visas, and other 
types of travel documents. 
∆(2) DUTIES OF OFFICE.—The Office shall have 
the following duties: 
∆(A) ANALYSIS
OF
METHODS.—Analyze 
methods used by terrorists to travel internation-
ally, particularly the use of false or altered trav-
el documents to illegally enter foreign countries 
and the United States, and advise the Bureau of 
Consular Affairs on changes to the visa issuance 
process that could combat such methods, includ-
270 
ing the introduction of new technologies into 
such process. 
∆(B) IDENTIFICATION OF INDIVIDUALS AND 
DOCUMENTS.—Identify, in cooperation with the 
Human Trafficking and Smuggling Center, indi-
viduals who facilitate travel by the creation of 
false passports and visas, documents used to ob-
tain such passports and visas, and other types of 
travel documents, and ensure that the appro-
priate agency is notified for further investigation 
and prosecution or, in the case of such individ-
uals abroad for which no further investigation or 
prosecution is initiated, ensure that all appro-
priate information is shared with foreign govern-
ments in order to facilitate investigation, arrest, 
and prosecution of such individuals. 
∆(C) IDENTIFICATION
OF
FOREIGN
COUN-
TRIES
NEEDING
ASSISTANCE.—Identify foreign 
countries that need technical assistance, such as 
law reform, administrative reform, prosecutorial 
training, or assistance to police and other inves-
tigative services, to ensure passport, visa, and re-
lated document security and to investigate, ar-
rest, and prosecute individuals who facilitate 
travel by the creation of false passports and
271 
visas, documents used to obtain such passports 
and visas, and other types of travel documents. 
∆(D) INSPECTION OF APPLICATIONS.—Ran-
domly 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 ir-
regular or incomplete applications. 
∆(3) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Deputy Assist-
ant Secretary shall submit to Congress a report con-
taining— 
∆(A) a description of the strategic plan pre-
pared under paragraph (1); and 
∆(B) an evaluation of the feasibility of es-
tablishing 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 posi-
tions.
272 
∆Subtitle D—Terrorist Travel 
∆SEC. 3101. INFORMATION SHARING AND COORDINATION. 
∆The Secretary of Homeland Security shall establish 
a mechanism to— 
∆(1) ensure the coordination and dissemination 
of terrorist travel intelligence and operational infor-
mation among the appropriate agencies within the 
Department of Homeland Security, including the Bu-
reau of Customs and Border Protection, the Bureau 
of Immigration and Customs Enforcement, the Bu-
reau of Citizenship and Immigration Services, the 
Transportation Security Administration, the Coast 
Guard, and other agencies as directed by the Sec-
retary; and 
∆(2) ensure the sharing of terrorist travel intel-
ligence and operational information with the Depart-
ment of State, the National counterterrorism Center, 
and other appropriate Federal agencies. 
∆SEC. 3102. TERRORIST TRAVEL PROGRAM. 
∆The Secretary of Homeland Security shall establish 
a program to— 
∆(1) analyze and utilize information and intel-
ligence regarding terrorist travel tactics, patterns, 
trends, and practices; and
273 
∆(2) disseminate that information to all front- 
line Department of Homeland Security personnel who 
are at ports of entry or between ports of entry, to im-
migration benefits offices, and, in coordination with 
the Secretary of State, to appropriate individuals at 
United States embassies and consulates. 
∆SEC. 3103. TRAINING PROGRAM. 
∆(a) REVIEW, EVALUATION, AND REVISION OF EXIST-
ING TRAINING PROGRAMS.—The Secretary of Homeland Se-
curity shall— 
∆(1) review and evaluate the training currently 
provided to Department of Homeland Security per-
sonnel and, in consultation with the Secretary of 
State, relevant Department of State personnel with 
respect to travel and identity documents, and tech-
niques, patterns, and trends associated with terrorist 
travel; and 
∆(2) develop and implement a revised training 
program for border, immigration, and consular offi-
cials in order to teach such officials how to effectively 
detect, intercept, and disrupt terrorist travel. 
∆(b) REQUIRED TOPICS OF REVISED PROGRAMS.— 
The training program developed under subsection (a)(2) 
shall include training in the following areas:
274 
∆(1) Methods for identifying fraudulent and gen-
uine travel documents. 
∆(2) Methods for detecting terrorist indicators on 
travel documents and other relevant identity docu-
ments. 
∆(3) Recognizing travel patterns, tactics, and be-
haviors exhibited by terrorists. 
∆(4) Effectively utilizing information contained 
in databases and data systems available to the De-
partment of Homeland Security. 
∆(5) Other topics determined to be appropriate 
by the Secretary of Homeland Security in consulta-
tion with the Secretary of State or the National Intel-
ligence Director. 
∆SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINA-
TION PLAN. 
∆(a) PLAN REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Home-
land Security, in consultation with the Secretary of State, 
shall submit to the Congress a plan to ensure that the De-
partment of Homeland Security and the Department of 
State acquire and deploy, to all consulates, ports of entry, 
and immigration benefits offices, technologies that facilitate 
document authentication and the detection of potential ter-
rorist indicators on travel documents.
275 
∆(b) INTEROPERABILITY REQUIREMENT.—To the ex-
tent possible, technologies to be acquired and deployed under 
the plan shall be compatible with current systems used by 
the Department of Homeland Security to detect and iden-
tify fraudulent documents and genuine documents. 
∆(c) PASSPORT SCREENING.—The plan shall address 
the feasibility of using such technologies to screen passports 
submitted for identification purposes to a United States 
consular, border, or immigration official. 
∆Subtitle E—Maritime Security 
Requirements 
∆SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARI-
TIME SECURITY REQUIREMENTS. 
∆(a) NATIONAL MARITIME TRANSPORTATION SECU-
RITY PLAN.—Section 70103(a) of the 46, United States 
Code, is amended by striking ‘‘The Secretary’’ and inserting 
‘‘Not later than December 31, 2004, the Secretary’’. 
∆(b) FACILITY AND VESSEL VULNERABILITY ASSESS-
MENTS.—Section 70102(b)(1) of the 46, United States Code, 
is amended by striking ‘‘, the Secretary’’ and inserting 
‘‘and by not later than December 31, 2004, the Secretary’’. 
∆(c) TRANSPORTATION
SECURITY
CARD
REGULA-
TIONS.—Section 70105(a) of the 46, United States Code, is 
amended by striking ‘‘The Secretary’’ and inserting ‘‘Not 
later than December 31, 2004, the Secretary’’.
276 
∆TITLE IV—INTERNATIONAL CO-
OPERATION AND COORDINA-
TION 
∆Subtitle A—Attack Terrorists and 
Their Organizations 
∆CHAPTER 1—PROVISIONS RELATING TO 
TERRORIST SANCTUARIES 
∆SEC. 4001. UNITED STATES POLICY ON TERRORIST SANC-
TUARIES. 
∆It is the sense of Congress that it should be the policy 
of the United States— 
∆(1) to identify and prioritize foreign countries 
that are or that could be used as terrorist sanctuaries; 
∆(2) to assess current United States resources 
being provided to such foreign countries; 
∆(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 prevent foreign countries from being used as ter-
rorist sanctuaries. 
∆SEC. 4002. REPORTS ON TERRORIST SANCTUARIES. 
∆(a) INITIAL REPORT.— 
∆(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President
277 
shall transmit to Congress a report that describes a 
strategy for addressing and, where possible, elimi-
nating terrorist sanctuaries. 
∆(2) CONTENT.—The report required under this 
subsection shall include the following: 
∆(A) A list that prioritizes each actual and 
potential terrorist sanctuary and a description 
of activities in the actual and potential sanc-
tuaries. 
∆(B) An outline of strategies for preventing 
the use of, disrupting, or ending the use of such 
sanctuaries. 
∆(C) A detailed description of efforts, in-
cluding an assessment of successes and setbacks, 
by the United States to work with other coun-
tries in bilateral and multilateral fora to address 
or eliminate each actual or potential terrorist 
sanctuary and disrupt or eliminate the security 
provided to terrorists by each such sanctuary. 
∆(D) A description of long-term goals and 
actions designed to reduce the conditions that 
allow the formation of terrorist sanctuaries. 
∆(b) SUBSEQUENT REPORTS.— 
∆(1) 
REQUIREMENT
OF
REPORTS.—Section 
140(a)(1) of the Foreign Relations Authorization Act,
278 
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), respec-
tively; 
∆(C) in subparagraph (A)(iii) (as redesig-
nated), 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 or could 
potentially be used as a sanctuary for terrorists or 
terrorist organizations;’’. 
∆(2) PROVISIONS
TO
BE
INCLUDED
IN
RE-
PORT.—Section 140(b) of such Act (22 U.S.C. 
2656f(b)) is amended— 
∆(A) in paragraph (1)— 
∆(i) in the matter preceding subpara-
graph (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);
279 
∆(C) by inserting after paragraph (1) the 
following: 
∆‘‘(2) with respect to subsection (a)(1)(B)— 
∆‘‘(A) the extent of knowledge by the gov-
ernment 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 sanc-
tuary in the territory of the country; 
∆‘‘(ii) to cooperate with United States 
antiterrorism efforts; and 
∆‘‘(iii) to prevent the proliferation of 
and trafficking in weapons of mass destruc-
tion in and through the territory of the 
country;’’; 
∆(D) by striking the period at the end of 
paragraph (3) (as redesignated) and inserting a 
semicolon; and 
∆(E) by inserting after paragraph (3) (as 
redesignated) the following: 
∆‘‘(4) a strategy for addressing and, where pos-
sible, eliminating terrorist sanctuaries that shall in-
clude— 
∆‘‘(A) a description of actual and potential 
terrorist sanctuaries, together with an assessment
280 
of the priorities of addressing and eliminating 
such sanctuaries; 
∆‘‘(B) an outline of strategies for dis-
rupting 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 ac-
tual or potential terrorist sanctuaries and dis-
rupt or eliminate the security provided to terror-
ists 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; 
∆‘‘(5) an update of the information contained in 
the report required to be transmitted to Congress pur-
suant to section 4002(a)(2) of the 9/11 Recommenda-
tions Implementation Act; 
∆‘‘(6) to the extent practicable, complete statis-
tical information on the number of individuals, in-
cluding United States citizens and dual nationals, 
killed, injured, or kidnapped by each terrorist group 
during the preceding calendar year; and 
∆‘‘(7) an analysis, as appropriate, relating to 
trends in international terrorism, including changes
281 
in technology used, methods and targets of attacks, de-
mographic information on terrorists, and other ap-
propriate information.’’. 
∆(3) DEFINITIONS.—Section 140(d) of such Act 
(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 pe-
riod at the end and inserting a semicolon; and 
∆(C) by adding at the end the following: 
∆‘‘(4) the term ‘territory’ and ‘territory of the 
country’ means the land, waters, and airspace of the 
country; and 
∆‘‘(5) the term ‘terrorist sanctuary’ or ‘sanc-
tuary’ means an area in the territory of a country 
that is used by a terrorist group with the express or 
implied consent of the government of the country— 
∆‘‘(A) to carry out terrorist activities, in-
cluding training, fundraising, financing, recruit-
ment, and education activities; or 
∆‘‘(B) to provide transit through the coun-
try.’’. 
∆(4) EFFECTIVE DATE.—The amendments made 
by paragraphs (1), (2), and (3) apply with respect to 
the report required to be transmitted under section
282 
140 of the Foreign Relations Authorization Act, Fis-
cal Years 1988 and 1989, by April 30, 2006, and by 
April 30 of each subsequent year. 
∆SEC. 4003. AMENDMENTS TO EXISTING LAW TO INCLUDE 
TERRORIST SANCTUARIES. 
∆(a) AMENDMENTS.—Section 6(j) of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 2405(j)) is 
amended— 
∆(1) in paragraph (1)— 
∆(A) by redesignating subparagraph (B) as 
subparagraph (C); and 
∆(B) by inserting after subparagraph (A) 
the following: 
∆‘‘(B) Any part of the territory of the country 
is being used as a sanctuary for terrorists or terrorist 
organizations.’’; 
∆(2) in paragraph (3), by striking ‘‘paragraph 
(1)(A)’’ and inserting ‘‘subparagraph (A) or (B) of 
paragraph (1)’’; 
∆(3) by redesignating paragraph (5) as para-
graph (6); 
∆(4) by inserting after paragraph (4) the fol-
lowing: 
∆‘‘(5) A determination made by the Secretary of State 
under paragraph (1)(B) may not be rescinded unless the
283 
President submits to the Speaker of the House of Represent-
atives and the chairman of the Committee on Banking, 
Housing, and Urban Affairs and the chairman of the Com-
mittee on Foreign Relations of the Senate before the pro-
posed rescission would take effect a report certifying that 
the government of the country concerned — 
∆‘‘(A) is taking concrete, verifiable steps to 
eliminate each terrorist sanctuary in the territory of 
the country; 
∆‘‘(B) 
is 
cooperating 
with 
United 
States 
antiterrorism efforts; and 
∆‘‘(C) is taking all appropriate actions to pre-
vent the proliferation of and trafficking in weapons 
of mass destruction in and through the territory of the 
country.’’; and 
∆(5) by inserting after paragraph (6) (as redes-
ignated) the following: 
∆‘‘(7) In this subsection— 
∆‘‘(A) the term ‘territory of the country’ means 
the land, waters, and airspace of the country; and 
∆‘‘(B) the term ‘terrorist sanctuary’ or ‘sanc-
tuary’ means an area in the territory of a country 
that is used by a terrorist group with the express or 
implied consent of the government of the country—
467 
∆‘‘(9)(A) A reporting individual described in sub-
section (a), (b), or (c) of section 301 shall not be required 
to report the assets or sources of income of any publicly 
available investment fund if— 
∆‘‘(i) the identity of such assets and sources of 
income is not provided to investors; 
∆‘‘(ii) the reporting individual neither exercises 
control over nor has the ability to exercise control 
over the fund; and 
∆‘‘(iii) the reporting individual— 
∆‘‘(I) does not otherwise have knowledge of 
the individual assets of the fund and provides 
written certification by the fund manager that 
individual assets of the fund are not disclosed to 
investors; or 
∆‘‘(II) has executed a written ethics agree-
ment that contains a commitment to divest the 
interest in the investment fund no later than 90 
days after the date of the agreement. 
∆The reporting individual shall file the written certifi-
cation by the fund manager as an attachment to the report 
filed pursuant to section 301. 
∆‘‘(B) The provisions of subparagraph (A) shall apply 
to an individual described in subsection (d) or (e) of section 
301 if—