708 
LECT AGENTS.—Section 175b(d)(2) of title 18, United 
States Code, is amended— 
(1) in subparagraph (G) by— 
(A) inserting ‘‘(i)’’ after ‘‘(G)’’; 
(B) inserting ‘‘, or (ii) acts for or on behalf 
of, or operates subject to the direction or con-
trol of, a government or official of a country de-
scribed
in
this
subparagraph’’
after
‘‘ter-
rorism’’; and 
(C) striking ‘‘or’’ after the semicolon. 
(2) in subparagraph (H) by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(I) is a member of, acts for or on behalf 
of, or operates subject to the direction or con-
trol of, a terrorist organization as defined in 
section 212(a)(3)(B)(vi) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’. 
(d) CONFORMING AMENDMENT TO REGULATIONS.— 
(1) Section 175b(a)(1) of title 18, United 
States Code, is amended by striking ‘‘as a select 
agent in Appendix A’’ and all that follows and in-
serting the following: ‘‘as a non-overlap or overlap 
select biological agent or toxin in sections 73.4 and
709 
73.5 of title 42, Code of Federal Regulations, pursu-
ant to section 351A of the Public Health Service 
Act, and is not excluded under sections 73.4 and 
73.5 or exempted under section 73.6 of title 42, 
Code of Federal Regulations.’’. 
(2) The amendment made by paragraph (1) 
shall take effect at the same time that sections 73.4, 
73.5, and 73.6 of title 42, Code of Federal Regula-
tions, become effective. 
SEC. 2053. PARTICIPATION IN NUCLEAR AND WEAPONS OF 
MASS
DESTRUCTION
THREATS
TO
THE 
UNITED STATES. 
(a) Section 57(b) of the Atomic Energy Act of 1954 
(42 U.S.C. 2077(b)) is amended by striking ‘‘in the pro-
duction of any special nuclear material’’ and inserting ‘‘or 
participate in the development or production of any special 
nuclear material or atomic weapon’’. 
(b) Title 18, United States Code, is amended— 
(1) in the table of sections at the beginning of 
chapter 39, by inserting after the item relating to 
section 831 the following: 
‘‘832. Participation in nuclear and weapons of mass destruction threats to the 
United States.’’; 
(2) by inserting after section 831 the following:
710 
‘‘§ 832. Participation in nuclear and weapons of mass 
destruction threats to the United States 
‘‘(a) Whoever, within the United States or subject to 
the jurisdiction of the United States, willfully participates 
in or provides material support or resources (as defined 
in section 2339A) to a nuclear weapons program or other 
weapons of mass destruction program of a foreign ter-
rorist power, or attempts or conspires to do so, shall be 
imprisoned for not more than 20 years. 
‘‘(b) There is extraterritorial Federal jurisdiction 
over an offense under this section. 
‘‘(c) As used in this section— 
‘‘(1) ‘nuclear weapons program’ means a pro-
gram or plan for the development, acquisition, or 
production of any nuclear weapon or weapons; 
‘‘(2) ‘weapons of mass destruction program’ 
means a program or plan for the development, ac-
quisition, or production of any weapon or weapons 
of mass destruction (as defined in section 2332a(c)); 
‘‘(3) ‘foreign terrorist power’ means a terrorist 
organization designated under section 219 of the 
Immigration and Nationality Act, or a state sponsor 
of terrorism designated under section 6(j) of the Ex-
port Administration Act of 1979 or section 620A of 
the Foreign Assistance Act of 1961; and
711 
‘‘(4) ‘nuclear weapon’ means any weapon that 
contains or uses nuclear material as defined in sec-
tion 831(f)(1).’’; and 
(3) in section 2332b(g)(5)(B)(i), by inserting 
after ‘‘nuclear materials),’’ the following: ‘‘832 (re-
lating to participation in nuclear and weapons of 
mass destruction threats to the United States)’’. 
Subtitle E—Money Laundering and 
Terrorist Financing 
CHAPTER
1—FUNDING
TO
COMBAT
FI-
NANCIAL
CRIMES
INCLUDING
TER-
RORIST FINANCING 
SEC. 2101. ADDITIONAL AUTHORIZATION FOR FINCEN. 
Subsection
(d) of section 310 of title 31, United 
States Code, is amended— 
(1) by striking ‘‘APPROPRIATIONS.—There are 
authorized’’ and inserting ‘‘APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) AUTHORIZATION FOR FUNDING KEY TECH-
NOLOGICAL
IMPROVEMENTS
IN
MISSION-CRITICAL 
FINCEN SYSTEMS.—There are authorized to be ap-
propriated
for
fiscal
year
2005
the
following
712 
amounts, which are authorized to remain available 
until expended: 
‘‘(A) BSA DIRECT.—For technological im-
provements to provide authorized law enforce-
ment and financial regulatory agencies with 
Web-based access to FinCEN data, to fully de-
velop and implement the highly secure network 
required under section 362 of Public Law 107– 
56 to expedite the filing of, and reduce the fil-
ing costs for, financial institution reports, in-
cluding suspicious activity reports, collected by 
FinCEN under chapter 53 and related provi-
sions of law, and enable FinCEN to imme-
diately alert financial institutions about sus-
picious activities that warrant immediate and 
enhanced scrutiny, and to provide and upgrade 
advanced information-sharing technologies to 
materially improve the Government’s ability to 
exploit
the
information
in
the
FinCEN 
databanks $16,500,000. 
‘‘(B)
ADVANCED
ANALYTICAL
TECH-
NOLOGIES.—To
provide
advanced
analytical 
tools needed to ensure that the data collected 
by FinCEN under chapter 53 and related provi-
sions of law are utilized fully and appropriately
713 
in safeguarding financial institutions and sup-
porting the war on terrorism, $5,000,000. 
‘‘(C)
DATA
NETWORKING
MODERNIZA-
TION.—To improve the telecommunications in-
frastructure to support the improved capabili-
ties of the FinCEN systems, $3,000,000. 
‘‘(D)
ENHANCED
COMPLIANCE
CAPA-
BILITY.—To improve the effectiveness of the 
Office of Compliance in FinCEN, $3,000,000. 
‘‘(E) DETECTION AND PREVENTION OF FI-
NANCIAL CRIMES AND TERRORISM.—To provide 
development of, and training in the use of, tech-
nology to detect and prevent financial crimes 
and terrorism within and without the United 
States, $8,000,000.’’. 
SEC. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES 
STRATEGY REAUTHORIZATION. 
(a)
PROGRAM.—Section
5341(a)(2)
of
title
31, 
United States Code, is amended by striking ‘‘and 2003,’’ 
and inserting ‘‘2003, and 2005,’’. 
(b) REAUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 5355 of title 31, United States Code, is amended by 
adding at the end the following: 
‘‘Fiscal year 2004 .....................................................................
$15,000,000
Fiscal year 2005 .......................................................................
$15,000,000’’.
714 
CHAPTER
2—ENFORCEMENT
TOOLS
TO 
COMBAT FINANCIAL CRIMES INCLUD-
ING TERRORIST FINANCING 
Subchapter
A—Money
Laundering
Abate-
ment and Financial Antiterrorism Tech-
nical Corrections 
SEC. 2111. SHORT TITLE. 
This subtitle may be cited as the ‘‘Money Laundering 
Abatement and Financial Antiterrorism Technical Correc-
tions Act of 2004’’. 
SEC. 2112. TECHNICAL CORRECTIONS TO PUBLIC LAW 107– 
56. 
(a) The heading of title III of Public Law 107–56 
is amended to read as follows: 
‘‘TITLE
III—INTERNATIONAL 
MONEY LAUNDERING ABATE-
MENT
AND
FINANCIAL 
ANTITERRORISM
ACT
OF 
2001’’. 
(b) The table of contents of Public Law 107–56 is 
amended by striking the item relating to title III and in-
serting the following new item: 
‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT 
AND FINANCIAL ANTITERRORISM ACT OF 2001’’. 
(c) Section 302 of Public Law 107–56 is amended—
715 
(1) in subsection (a)(4), by striking the comma 
after ‘‘movement of criminal funds’’; 
(2) in subsection (b)(7), by inserting ‘‘or types 
of accounts’’ after ‘‘classes of international trans-
actions’’; and 
(3) in subsection (b)(10), by striking ‘‘sub-
chapters II and III’’ and inserting ‘‘subchapter II’’. 
(d) Section 303(a) of Public Law 107–56 is amended 
by striking ‘‘Anti-Terrorist Financing Act’’ and inserting 
‘‘Financial Antiterrorism Act’’. 
(e) The heading for section 311 of Public Law 107– 
is
amended
by
striking
‘‘OR
INTERNATIONAL 
TRANSACTIONS’’
and
inserting
‘‘INTERNATIONAL 
TRANSACTIONS, OR TYPES OF ACCOUNTS’’. 
(f) Section 314 of Public Law 107–56 is amended— 
(1) in paragraph (1)— 
(A) by inserting a comma after ‘‘organiza-
tions engaged in’’; and 
(B) by inserting a comma after ‘‘credible 
evidence of engaging in’’; 
(2) in paragraph (2)(A)— 
(A) by striking ‘‘and’’ after ‘‘nongovern-
mental organizations,’’; and 
(B) by inserting a comma after ‘‘unwit-
tingly involved in such finances’’;
716 
(3) in paragraph (3)(A)— 
(A) by striking ‘‘to monitor accounts of’’ 
and inserting ‘‘monitor accounts of,’’; and 
(B) by striking the comma after ‘‘organiza-
tions identified’’; and 
(4) in paragraph (3)(B), by inserting ‘‘finan-
cial’’ after ‘‘size, and nature of the’’. 
(g) Section 321 of Public Law 107–56 is amended 
by striking ‘‘5312(2)’’ and inserting ‘‘5312(a)(2)’’. 
(h) Section 325 of Public Law 107–56 is amended 
by striking ‘‘as amended by section 202 of this title,’’ and 
inserting ‘‘as amended by section 352,’’. 
(i) Subsections (a)(2) and (b)(2) of section 327 of 
Public Law 107–56 are each amended by inserting a pe-
riod after ‘‘December 31, 2001’’ and striking all that fol-
lows through the period at the end of each such sub-
section. 
(j) Section 356(c)(4) of Public Law 107–56 is 
amended by striking ‘‘or business or other grantor trust’’ 
and inserting ‘‘, business trust, or other grantor trust’’. 
(k) Section 358(e) of Public Law 107–56 is amend-
ed— 
(1) by striking ‘‘Section 123(a)’’ and inserting 
‘‘That portion of section 123(a)’’;
717 
(2) by striking ‘‘is amended to read’’ and in-
serting ‘‘that precedes paragraph (1) of such section 
is amended to read’’; and 
(3) by striking ‘‘.’.’’ at the end of such section 
and inserting ‘‘—’ ’’. 
(l) Section 360 of Public Law 107–56 is amended— 
(1) in subsection (a), by inserting ‘‘the’’ after 
‘‘utilization of the funds of’’; and 
(2) in subsection (b), by striking ‘‘at such insti-
tutions’’ and inserting ‘‘at such institution’’. 
(m) Section 362(a)(1) of Public Law 107–56 is 
amended by striking ‘‘subchapter II or III’’ and inserting 
‘‘subchapter II’’. 
(n) Section 365 of Public Law 107—56 is amended 
— 
(1) by redesignating the 2nd of the 2 sub-
sections designated as subsection (c) (relating to a 
clerical amendment) as subsection (d); and 
(2) by redesignating subsection (f) as sub-
section (e). 
(o) Section 365(d) of Public Law 107–56 (as so re-
designated by subsection (n) of this section) is amended 
by striking ‘‘section 5332 (as added by section 112 of this 
title)’’ and inserting ‘‘section 5330’’.
718 
SEC. 2113. TECHNICAL CORRECTIONS TO OTHER PROVI-
SIONS OF LAW. 
(a) Section 310(c) of title 31, United States Code, 
is amended by striking ‘‘the Network’’ each place such 
term appears and inserting ‘‘FinCEN’’. 
(b) Section 5312(a)(3)(C) of title 31, United States 
Code, is amended by striking ‘‘sections 5333 and 5316’’ 
and inserting ‘‘sections 5316 and 5331’’. 
(c) Section 5318(i) of title 31, United States Code, 
is amended— 
(1) in paragraph (3)(B), by inserting a comma 
after ‘‘foreign political figure’’ the 2nd place such 
term appears; and 
(2) in the heading of paragraph (4), by striking 
‘‘DEFINITION’’ and inserting ‘‘DEFINITIONS’’. 
(d) Section 5318(k)(1)(B) of title 31, United States 
Code, is amended by striking ‘‘section 5318A(f)(1)(B)’’ 
and inserting ‘‘section 5318A(e)(1)(B)’’. 
(e) The heading for section 5318A of title 31, United 
States Code, is amended to read as follows: 
‘‘§ 5318A Special measures for jurisdictions, financial 
institutions,
international
transactions, 
or types of accounts of primary money 
laundering concern’’. 
(f) Section 5318A of title 31, United States Code, 
is amended—
719 
(1) in subsection (a)(4)(A), by striking ‘‘, as de-
fined in section 3 of the Federal Deposit Insurance 
Act,’’ and inserting ‘‘ (as defined in section 3 of the 
Federal Deposit Insurance Act)’’; 
(2) in subsection (a)(4)(B)(iii), by striking ‘‘or 
class of transactions’’ and inserting ‘‘class of trans-
actions, or type of account’’; 
(3) in subsection (b)(1)(A), by striking ‘‘or 
class of transactions to be’’ and inserting ‘‘class of 
transactions, or type of account to be’’; and 
(4) in subsection (e)(3), by inserting ‘‘or sub-
section (i) or (j) of section 5318’’ after ‘‘identifica-
tion of individuals under this section’’. 
(g) Section 5324(b) of title 31, United States Code, 
is amended by striking ‘‘5333’’ each place such term ap-
pears and inserting ‘‘5331’’. 
(h) Section 5332 of title 31, United States Code, is 
amended— 
(1) in subsection (b)(2), by striking ‘‘, subject 
to subsection (d) of this section’’; and 
(2) in subsection (c)(1), by striking ‘‘, subject 
to subsection (d) of this section,’’. 
(i) The table of sections for subchapter II of chapter 
53 of title 31, United States Code, is amended by striking
720 
the item relating to section 5318A and inserting the fol-
lowing new item: 
‘‘5318A. Special measures for jurisdictions, financial institutions, international 
transactions, or types of accounts of primary money laundering 
concern.’’. 
(j) Section 18(w)(3) of the Federal Deposit Insurance 
Act (12 U.S.C. 1828(w)(3)) is amended by inserting a 
comma after ‘‘agent of such institution’’. 
(k) Section 21(a)(2) of the Federal Deposit Insur-
ance Act (12 U.S.C. 1829b(a)(2)) is amended by striking 
‘‘recognizes that’’ and inserting ‘‘recognizing that’’. 
(l) Section 626(e) of the Fair Credit Reporting Act 
(15 U.S.C. 1681v(e)) is amended by striking ‘‘govern-
mental agency’’ and inserting ‘‘government agency’’. 
SEC. 2114. REPEAL OF REVIEW. 
Title III of Public Law 107–56 is amended by strik-
ing section 303 (31 U.S.C. 5311 note). 
SEC. 2115. EFFECTIVE DATE. 
The amendments made by this subtitle to Public Law 
107–56, the United States Code, the Federal Deposit In-
surance Act, and any other provision of law shall take ef-
fect as if such amendments had been included in Public 
Law 107–56, as of the date of the enactment of such Pub-
lic Law, and no amendment made by such Public Law that 
is inconsistent with an amendment made by this subtitle 
shall be deemed to have taken effect.
721 
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 
Treasury’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(2) ENGRAVING
AND
PRINTING
FOR
OTHER 
GOVERNMENTS.—The
Secretary
of
the
Treasury 
may produce currency, postage stamps, and other 
security documents for foreign governments if— 
‘‘(A) the Secretary of the Treasury 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.
722 
‘‘(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 pub-
lic use within the United States for purposes of title 
III of the Act of March 3, 1933 (41 U.S.C. 10a et 
seq.; commonly referred to as the Buy American 
Act).’’. 
(b) REIMBURSEMENT.—Section 5143 of title 31, 
United States Code (relating to payment for services of 
the Bureau of Engraving and Printing), is amended— 
(1) in the first sentence, by inserting ‘‘or to a 
foreign
government
under
section
5114’’
after 
‘‘agency’’; 
(2) in the second sentence, by inserting ‘‘and 
other’’ after ‘‘including administrative’’; and 
(3) in the last sentence, by inserting ‘‘, and the 
Secretary shall take such action, in coordination 
with the Secretary of State, as may be appropriate 
to ensure prompt payment by a foreign government 
of any invoice or statement of account submitted by 
the Secretary with respect to services rendered 
under section 5114’’ before the period at the end.
723 
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 securi-
ties and obligations, except under the authority of the Sec-
retary of the Treasury; or’’. 
(b) FOREIGN OBLIGATIONS AND SECURITIES.—Sec-
tion 481 of title 18, United States Code, is amended by 
inserting after the paragraph beginning ‘‘Whoever, with 
intent 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 
security 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.—Sec-
tion 474A(b) of title 18, United States Code, is amended
724 
by striking ‘‘any essentially identical’’ and inserting ‘‘any 
thing or material made after or in the similitude of any’’. 
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 fol-
lowing: 
‘‘(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 suitable 
for certain employment positions.
725 
‘‘(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 
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 Inves-
tigation 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 
results 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 revealed 
in subparagraph (B), including acquittal, sen-
tencing, correctional supervision, or release.
726 
‘‘(B) the term ‘Integrated Automated Finger-
print Identification System of the Federal Bureau of 
Investigation (IAFIS)’ means the national deposi-
tory for fingerprint, biometric, and criminal history 
information, through which fingerprints are proc-
essed electronically. 
‘‘(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 
section 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 At-
torney General shall report to the appropriate com-
mittees of Congress regarding all statutory require-
ments for criminal history record checks that are re-
quired 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
727 
requested, usage of different terms and definitions 
regarding criminal history information, and the vari-
ation in 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 Sec-
retary of Homeland Security (Transportation Secu-
729 
control systems, facilities, and equipment and 
existing data networks connecting airports. 
‘‘(6) USE
OF
BIOMETRIC
TECHNOLOGY
FOR 
LAW ENFORCEMENT OFFICER TRAVEL.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of enactment of this 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 gov-
ernment 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 trav-
el credential;
730 
‘‘(II) to resolve failures to enroll, 
false matches, and false non-matches 
relating to use of the travel credential; 
and 
‘‘(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 au-
thorized 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 
physical or behavioral characteristics that are 
used for identification, or verification of the 
identity, of an individual.
731 
‘‘(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. 
‘‘(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 
difficult to provide consistent biometric infor-
mation, or other factors. 
‘‘(D)
FALSE
MATCH.—The
term
‘false 
match’ means the incorrect matching of one in-
dividual’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 ster-
ile area and the Secure Identification Display 
Area of an airport (as such terms are defined 
in section 1540.5 of title 49, Code of Federal
732 
Regulations, or any successor regulation to such 
section).’’. 
(b) FUNDING FOR USE OF BIOMETRIC TECHNOLOGY 
IN AIRPORT ACCESS CONTROL SYSTEMS.— 
(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 
striking ‘‘$250,000,000 for each of fiscal years 2004 
through 2007’’ and inserting ‘‘$250,000,000 for fis-
cal year 2004, $345,000,000 for fiscal year 2005, 
and $250,000,000 for each of fiscal years 2006 and 
2007’’.
733 
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: 
‘‘(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 transpor-
tation modal security plans in accordance with this 
section. 
‘‘(2) CONTENTS.—At a minimum, the modal se-
curity 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;
734 
‘‘(D) establish a damage mitigation and re-
covery 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 
thereafter, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report containing the plans prepared under 
paragraph (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.’’.
735 
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 As-
sistant Secretary of Homeland Security 
(Transportation Security Administration), 
or the designee of the Assistant Secretary, 
shall commence testing of a next genera-
tion passenger prescreening system that 
will allow the Department of Homeland Se-
curity to assume the performance of com-
paring
passenger
name
records
to
the 
automatic selectee and no fly lists, utilizing 
all appropriate records in the consolidated 
and integrated terrorist watchlist main-
tained by the Federal Government. 
‘‘(ii) ASSUMPTION
OF
FUNCTION.— 
Not later than 180 days after completion 
of testing under clause (i), the Assistant 
Secretary, or the designee of the Assistant 
Secretary, shall assume the performance of
736 
the
passenger
prescreening
function
of 
comparing passenger name records to the 
automatic selectee and no fly lists and uti-
lize all appropriate records in the consoli-
dated and integrated terrorist watchlist 
maintained by the Federal Government in 
performing that function. 
‘‘(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 
passenger prescreening system deter-
mined that they might pose a security 
threat, to appeal such determination 
and correct information contained in 
the system; 
‘‘(II) ensure that Federal Gov-
ernment databases that will be used 
to establish the identity of a pas-
senger
under
the
system
will
not 
produce
a
large
number
of
false 
positives;
737 
‘‘(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 op-
portunities for abuse; 
‘‘(V) implement substantial secu-
rity measures to protect the system 
from unauthorized access; 
‘‘(VI) adopt policies establishing 
effective oversight of the use and op-
eration of the system; and 
‘‘(VII) ensure that there are no 
specific
privacy
concerns
with
the 
technological architecture of the sys-
tem. 
‘‘(iv) PASSENGER NAME RECORDS.— 
Not later than 60 days after the comple-
tion of the testing of the next generation 
passenger prescreening system, the Assist-
ant Secretary shall require air carriers to 
supply to the Assistant Secretary the pas-
senger name records needed to begin im-
738 
plementing the next generation passenger 
prescreening system. 
‘‘(D) SCREENING OF EMPLOYEES AGAINST 
WATCHLIST.—The
Assistant
Secretary
of 
Homeland
Security
(Transportation
Security 
Administration), in coordination with the Sec-
retary of Transportation and the Administrator 
of the Federal Aviation Administration, shall 
ensure that individuals are screened against all 
appropriate records in the consolidated and in-
tegrated terrorist watchlist maintained by the 
Federal Government before— 
‘‘(i) being certificated by the Federal 
Aviation Administration; 
‘‘(ii) being issued a credential for ac-
cess to the secure area of an airport; or 
‘‘(iii) being issued a credential for ac-
cess to the air operations area (as defined 
in section 1540.5 of title 49, Code of Fed-
eral Regulations, or any successor regula-
tion to such section) of an airport. 
‘‘(E) APPEAL PROCEDURES.—The Assist-
ant Secretary shall establish a timely and fair 
process for individuals identified as a threat 
under subparagraph (D) to appeal the deter-
739 
mination and correct any erroneous informa-
tion. 
‘‘(F) DEFINITION.—In this paragraph, the 
term ‘secure area of an airport’ means the ster-
ile area and the Secure Identification Display 
Area of an airport (as such terms are defined 
in section 1540.5 of title 49, Code of Federal 
Regulations, or any successor regulation to such 
section).’’. 
(b) GAO REPORT.— 
(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 General shall submit to the appro-
priate congressional committees a report on the as-
sumption of such function. The report may be sub-
mitted in a classified format. 
(2) CONTENTS.—The report under paragraph 
(1) shall address— 
(A) whether a system exists in the next 
generation
passenger
prescreening
system 
whereby
aviation
passengers,
determined
to
740 
pose a threat and either delayed or prohibited 
from boarding their scheduled flights by the 
Transportation Security Administration, may 
appeal such a decision and correct erroneous in-
formation; 
(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 system in a significant number of 
passengers being treated as a threat mistakenly 
or in security 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 
Homeland Security to monitor the next genera-
tion 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
741 
prescreening database from unauthorized ac-
cess; 
(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 sys-
tem. 
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 
Homeland Security (Transportation Security Administra-
tion) shall give priority to developing, testing, improving, 
and deploying technology at screening checkpoints at air-
ports 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 sys-
tem, can detect under realistic operating conditions the
742 
types of nonmetallic weapons and explosives that terrorists 
would likely try to smuggle aboard an air carrier aircraft. 
(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE 
OF EXPLOSIVE DETECTION EQUIPMENT
AT AIRPORT 
SCREENING CHECKPOINTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Assistant Sec-
retary shall transmit to the appropriate congres-
sional committees a strategic plan to promote the 
optimal utilization and deployment of explosive de-
tection systems at airports to screen individuals and 
their carry-on baggage or personal property, includ-
ing walk-through explosive detection portals, docu-
ment scanners, shoe scanners, and any other explo-
sive detection equipment for use at a screening 
checkpoint. The plan may be transmitted in a classi-
fied 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.
743 
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 evalu-
ate the use of blast-resistant containers for cargo and bag-
gage on passenger aircraft to minimize the potential ef-
fects 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 incen-
tives to air carriers to volunteer to test the use of 
blast-resistant containers for cargo and baggage on 
passenger aircraft. 
(2) APPLICATIONS.—To volunteer to participate 
in the incentive program, an air carrier shall submit 
to the Assistant Secretary an application that is in 
such form and contains such information as the As-
sistant 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-
744 
cial assistance to cover increased costs to the car-
riers associated with the use and maintenance of the 
containers, including increased fuel costs. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Assistant Secretary shall 
submit 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. 
SEC. 2176. AIR CARGO SCREENING TECHNOLOGY. 
The Transportation Security Administration shall de-
velop 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
745 
section 44923(h), the next $30,000,000 derived from 
fees received under subsection (a)(1) shall be avail-
able 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.’’. 
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 secu-
rity checkpoint screening technology at not less than 5 air-
ports 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).
746 
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 Fed-
eral Regulations, is liable to the Government for a 
civil penalty of not more than $25,000 for each vio-
lation, by the pilot in command of an aircraft owned 
or operated by such person, of any Federal regula-
tion that requires that the flight deck door be closed 
and locked when the aircraft is being operated.’’. 
(b) TECHNICAL CORRECTIONS.— 
(1) COMPROMISE AND SETOFF FOR FALSE IN-
FORMATION.—Section
46302(b)
of
such
title
is 
amended by striking ‘‘Secretary of Transportation’’ 
and inserting ‘‘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
747 
(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 amend-
ed— 
(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)— 
(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.
748 
SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY. 
The Director of the Federal Air Marshal Service of 
the Department of Homeland Security shall continue to 
develop 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 Mar-
shal Service of the Department of Homeland Security, in 
coordination with the Assistant Secretary of Homeland 
Security (Transportation Security Administration), shall 
make available appropriate in-flight counterterrorism pro-
cedures 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 pro-
cedures that the Assistant Secretary determines necessary 
to ensure safety and maximize weapon retention.
749 
(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 
program 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 pi-
lots carrying firearms on aircraft, the Assistant Secretary 
shall allow all pilots participating in the Federal flight 
deck officer program the option of carrying their firearm 
on their person subject to such requirements as the Assist-
ant Secretary determines appropriate. 
SEC. 2183. REGISTERED TRAVELER PROGRAM. 
The Transportation Security Administration shall ex-
pedite implementation of the registered traveler program. 
SEC. 2184. WIRELESS COMMUNICATION. 
(a) STUDY.—The Transportation Security Adminis-
tration, in consultation with the Federal Aviation Admin-
istration, shall conduct a study to determine the viability 
of providing devices or methods, including wireless meth-
ods, to enable a flight crew to discreetly notify the pilot 
in the case of a security breach or safety issue occurring 
in the cabin.
750 
(b) MATTERS TO BE CONSIDERED.—In conducting 
the study, the Transportation Security Administration 
and the Federal Aviation Administration shall consider 
technology that is readily available and can be quickly in-
tegrated 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. 
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 Sec-
retary 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’’.
751 
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 enforce-
ment authorities, shall develop and submit to the appro-
priate congressional committee a report on airport perim-
eter security. 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 
identifying individuals prior to entry into secure 
areas of airports, and provide best practices for en-
hanced perimeter access control techniques; and 
(2) an assessment of the feasibility of physically 
screening all individuals prior to entry into secure 
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-
752 
mittees’’ means the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation 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 suc-
cessor regulation to such section). 
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 sentence 
the following: ‘‘An attorney for the govern-
753 
ment may also disclose any grand-jury 
matter involving a threat of actual or po-
tential 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-
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 
information only consistent with such 
guidelines as the Attorney General
754 
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— 
(I) by striking ‘‘state or Indian 
tribal’’ and inserting ‘‘State, Indian 
tribal, or foreign’’; and 
(II) by striking ‘‘or Indian tribal 
official’’ and inserting ‘‘Indian tribal, 
or foreign government official’’; and 
(2) in paragraph (7), by inserting ‘‘, or of 
guidelines jointly issued by the Attorney General and 
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
755 
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 
developed and implemented by section 202(a)(2) of 
the Enhanced Border Security and Visa Entry Re-
form 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 
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.
756 
(5) Both the interim system, and the fully func-
tional Chimera system, should be designed so that 
intelligence officers, Federal law enforcement agen-
cies (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 Security 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 
with the intelligence community (as defined in sec-
tion 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 ca-
pabilities 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
757 
data and intelligence exchange with the agencies of 
the intelligence 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 Di-
rector shall establish an interim interoperable intel-
ligence data exchange system that will connect the 
data systems operated independently by the entities 
in the intelligence community and by the National 
counterterrorism Center, so as to permit automated 
data exchange among all of these entities. Imme-
diately upon assuming office, the National Intel-
ligence Director shall begin the plans necessary to 
establish such interim system. 
‘‘(2) CHIMERA SYSTEM.—Not later than Sep-
tember 11, 2007, the National Intelligence Director 
shall establish a fully functional interoperable law 
enforcement and intelligence electronic data system
758 
within the National counterterrorism Center to pro-
vide immediate access to information in databases of 
Federal law enforcement agencies and the intel-
ligence community that is necessary to identify ter-
rorists, and organizations and individuals that sup-
port terrorism. The system established under this 
paragraph shall referred to as the ‘Chimera system’. 
’’; 
(ii) in paragraph (3)— 
(I) by striking ‘‘President’’ and 
inserting ‘‘National Intelligence Direc-
tor’’; and 
(II) by striking ‘‘the data sys-
tem’’ and inserting ‘‘the interim sys-
tem described in paragraph (1) and 
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)—
759 
(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 fol-
lowing: 
‘‘(D) to any Federal law enforcement or 
intelligence officer authorized to assist in the 
investigation, identification, or prosecution of 
terrorists, alleged terrorists, individuals sup-
porting terrorist activities, and individuals al-
leged 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-
760 
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 Chi-
mera
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: 
‘‘(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’’;
761 
(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. 
SEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILITIES 
OF THE FEDERAL BUREAU OF INVESTIGA-
TION. 
(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
762 
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 great-
est extent permitted by applicable law, to the Presi-
dent, the Vice President, and other officials in the 
Executive Branch, all terrorism information and 
other information necessary to safeguard our people 
and advance our national and homeland security in-
terests. 
(4) The Federal Bureau of Investigation must 
move towards full and seamless coordination and co-
operation with all other elements of the Intelligence 
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 shar-
ing 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-
763 
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 Investiga-
tion 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; 
(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 valida-
tion,
new
source
development,
and
performance 
measures;
764 
(5) field intelligence operations, including staff-
ing and infrastructure, management processes, pri-
orities, 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 information 
across Federal, state, and local governments, with 
the private sector, and with foreign partners as pro-
vided by law or by guidelines of the Attorney Gen-
eral. 
(c) INTELLIGENCE DIRECTORATE.—The Director of 
the Federal Bureau of Investigation shall establish an In-
telligence Directorate within the FBI. The Intelligence Di-
rectorate shall have the authority to manage and direct 
the intelligence operations of all FBI headquarters and 
field components. The Intelligence Directorate shall have 
responsibility for all components and functions of the FBI 
necessary for— 
(1) oversight of FBI field intelligence oper-
ations; 
(2) FBI human source development and man-
agement;
765 
(3) FBI collection against nationally-determined 
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 
Special Agents, analysts, linguists, and surveillance spe-
cialists in a manner which creates and sustains within the 
FBI a workforce with substantial expertise in, and com-
mitment to, the intelligence mission of the FBI. The Di-
rector 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; 
(2) establish intelligence cadre requirements 
for— 
(A) training; 
(B) career development and certification; 
(C) recruitment, hiring, and selection; 
(D) integrating field intelligence teams; 
and
766 
(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 
intelligence mission of the FBI; 
(5) ensure that all Special Agents and analysts 
employed by the FBI after the date of the enact-
ment of this Act shall receive basic training in both 
criminal justice matters and intelligence matters; 
(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
767 
are afforded the opportunity to work on intelligence 
matters 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 compo-
nents. The Director shall— 
(1) ensure that each FBI field office has an of-
ficial at the level of Assistant Special Agent in 
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.
768 
(g) 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. 
(h) 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 Bu-
reau of Investigation shall submit to Congress a re-
port on the progress made as of the date of such re-
port in carrying out the requirements of this section. 
(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 
components. 
(2) In each annual report required by para-
graph (1)(A) the director shall include—
769 
(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 head-
quarters 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 
report; and 
(B) in unclassified form, but may include 
a classified annex. 
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.—
770 
(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 
citizen 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 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 individ-
ually or in conjunction with another document, to 
establish that the bearer is a citizen or national of
771 
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. 
‘‘(5) A document may not be designated under para-
graph (4) (whether alone or in combination with other 
documents) 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 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.— 
(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, ei-
ther individually or in conjunction with another 
document, to establish that the bearer is a cit-
izen or national of the United States for pur-
772 
poses 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 
President, notwithstanding section 215(b) of the Im-
migration 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 depart from or enter, or attempt to 
depart from or enter, the United States from any 
country other than foreign contiguous territory, un-
less the citizen bears a document (or combination of 
documents) designated under paragraph (1)(A). 
(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 
determines 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.
773 
(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 CON-
TIGUOUS TERRITORIES AND ADJACENT IS-
LANDS. 
(a) IN GENERAL.—Section 212(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C.1182(d)(4)) is 
amended— 
(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: 
‘‘Either or both of the requirements of such para-
graph may also be waived by the Secretary of Home-
land Security and the Secretary of State, acting 
jointly and on the basis of reciprocity, with respect 
to nationals of foreign contiguous territory or of ad-
jacent islands, but only if such nationals are re-
quired, in order to be admitted into the United 
States, to be in possession of identification deemed
774 
by the Secretary of Homeland Security to be se-
cure.’’. 
(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 
border patrol agents within the Department of Homeland 
Security above the number of such positions for which 
funds were allotted for the preceding fiscal year. 
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 in-
vestigators within the Department of Homeland Security 
investigating violations of immigration laws (as defined in 
section 101(a)(17) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(17)) above the number of such posi-
tions for which funds were allotted for the preceding fiscal 
year. At least half of these additional investigators shall 
be designated to investigate potential violations of section 
274A of the Immigration and Nationality Act (8 U.S.C
775 
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 Fed-
eral 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 Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(17)), no 
other document may be presented for those purposes.’’. 
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 immigration 
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
776 
into the United States and has not been 
physically present in the United States 
continuously for the 5-year period imme-
diately prior to the date of the determina-
tion of inadmissibility under this para-
graph,
is
inadmissible
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 inten-
tion to apply for asylum under section 
208 or a fear of persecution and the 
officer determines that the alien has 
been physically present in the United 
States for less than 1 year. 
‘‘(ii) CLAIMS FOR ASYLUM.—If an im-
migration officer determines that an alien 
(other than an alien described in subpara-
graph (F)) who is arriving in the United 
States, or who has not been admitted or
777 
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 deter-
mination
of
inadmissibility
under
this 
paragraph, is inadmissible under section 
212(a)(6)(C) or 212(a)(7), and the alien 
indicates either an intention to apply for 
asylum under section 208 or a fear of per-
secution, the officer shall refer the alien 
for an interview by an asylum officer under 
subparagraph (B) if the officer determines 
that the alien has been physically present 
in the United States for less than 1 year.’’. 
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 Attorney 
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:
778 
‘‘(B) BURDEN OF PROOF.—The burden of 
proof is on the applicant to establish that the 
applicant is a refugee within the meaning of 
section 101(a)(42)(A). To establish that the ap-
plicant is a refugee within the meaning of this 
Act, the applicant must establish that race, reli-
gion, 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 suffi-
cient to sustain such burden without corrobora-
tion, 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 cor-
roborating evidence for certain alleged facts 
pertaining to the specifics of the applicant’s 
claim, such evidence must be provided unless a 
reasonable explanation is given as to why such 
information is not provided. The credibility de-
termination of the trier of fact may be based, 
in addition to other factors, on the demeanor, 
candor, or responsiveness of the applicant or 
witness, the consistency between the applicant’s 
or witness’s written and oral statements, wheth-
779 
er 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 statements with the 
country conditions in the country from which 
the applicant claims asylum (as presented by 
the Department of State) and any inaccuracies 
or falsehoods in such statements. These factors 
may
be
considered
individually
or
cumula-
tively.’’. 
(b) STANDARD OF REVIEW FOR ORDERS OF RE-
MOVAL.—Section 242(b)(4) of the Immigration and Na-
tionality 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 adjudi-
cator with respect to the availability of corroborating evi-
dence as described 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.
780 
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 per-
son otherwise shall have jurisdiction to consider any claim 
challenging 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’’. 
(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
781 
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 
(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 pe-
titions for review filed in accordance with this 
section. Notwithstanding any other provision of 
law (statutory and nonstatutory), including sec-
782 
tion 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 peti-
tions 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 sec-
tion 2241 of title 28, United States Code, or any 
other habeas corpus provision, and sections 1361 
and 1651 of title 28, United States Code, a petition 
for review by the circuit courts of appeals filed in ac-
cordance 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 Punishment. 
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—The ju-
dicial 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-
783 
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 jurisdiction, 
by habeas corpus under section 2241 of title 
28, United States Code, or any other habeas 
corpus provision, by section 1361 or 1651 of 
title 28, United States Code, or by any other 
provision of law (statutory or nonstatutory), to 
hear any cause or claim subject to these con-
solidation provisions.’’; 
(3) in subsection (f)(2), by inserting ‘‘or stay, 
by temporary or permanent order, including stays
784 
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 
provision, and sections 1361 and 1651 of title 28, 
United States Code’’ after ‘‘notwithstanding any 
other provision 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. 
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 ‘‘para-
graph (4)(B) or (4)(D) of section 237(a)’’; and 
(2) in clause (iii), by striking ‘‘or’’;
785 
(3) in clause (iv), by striking the period and in-
serting ‘‘; or’’ ; 
(4) by inserting after clause (iv) and following: 
‘‘(v) the alien is described in sub-
clause (I), (II), (III), (IV), or (VI) of sec-
tion
212(a)(3)(B)(i)
or
section 
237(a)(4)(B), unless, in the case only of 
an alien described in subclause (IV) of sec-
tion
212(a)(3)(B)(i),
the
Secretary
of 
Homeland Security determines, in the Sec-
retary’s discretion, that there are not rea-
sonable grounds for regarding the alien as 
a danger to the security of the United 
States.’’; and 
(5) by striking the last sentence. 
(b) EXCEPTIONS.—Section 208(b)(2)(A)(v) of the 
Immigration
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—
786 
(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 reg-
ulations prescribed by the Secretary to implement 
the United Nations Convention Against Torture and 
Other Forms of Cruel, Inhuman or Degrading 
Treatment or Punishment, done at New York on 
December 10, 1984. 
(2) EXCLUSION OF CERTAIN ALIENS.—The re-
vision— 
(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
787 
(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. 
(b) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, no court shall have jurisdiction to review 
the regulations adopted to implement this section, and 
nothing 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 
Immigration and Nationality Act (8 U.S.C. 1252).
788 
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 
Homeland Security, removing the alien to such 
country 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 
Homeland Security shall remove the alien to— 
‘‘(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 
prevents the alien from entering the coun-
try upon the alien’s removal there; or 
‘‘(ii) any country whose government 
will accept the alien into that country.’’; 
and 
(2) in paragraph (2)—
789 
(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, 
unless— 
‘‘(i) such country physically prevents 
the alien from entering the country upon 
the alien’s removal there; or 
‘‘(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 enact-
790 
ment of this Act and shall apply to any deportation, exclu-
sion, or removal on or after such date pursuant to any 
deportation, 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 
defined in section 30301 of title 49, United States 
Code. 
(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, Puer-
to Rico, the Virgin Islands, Guam, American Samoa,
791 
the Northern Mariana Islands, the Trust Territory 
of the Pacific Islands, and any other territory or 
possession 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 per-
son 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 
manner as the Secretary, in consultation with the 
Secretary of Transportation, may prescribe by regu-
lation. 
(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet 
the requirements of this section, a State shall include, at 
a minimum, the following information and features on
792 
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 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.— 
(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.
793 
(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 num-
ber. 
(D) Documentation showing the person’s 
name and address of principal residence. 
(2) VERIFICATION OF DOCUMENTS.—To meet 
the requirements of this section, a State shall imple-
ment the following procedures: 
(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 
paragraph (1). 
(B) The State shall not accept any foreign 
document, other than an official passport, to 
satisfy a requirement of paragraph (1). 
(d) OTHER REQUIREMENTS.—To meet the require-
ments of this section, a State shall adopt the following 
practices in the issuance of drivers’ licenses and identifica-
tion cards:
794 
(1) Employ technology to capture digital images 
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 docu-
ments 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 
number. In the event that a social security account 
number is already registered to or associated with 
another person to which any State has issued a driv-
er’s license or identification card, the State shall re-
solve 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 driv-
er’s license.
795 
(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 identi-
fication 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 en-
gaged in the issuance of drivers’ licenses and identi-
fication 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 
compact 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.
796 
(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 may make grants 
to a State to assist the State in conforming to the min-
imum 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
797 
requirements of section 3052(a)(1) if the State provides 
adequate justification for noncompliance. 
CHAPTER 2—IMPROVED SECURITY FOR 
BIRTH CERTIFICATES 
SEC. 3061. DEFINITIONS. 
(a) APPLICABILITY
OF DEFINITIONS.—Except as 
otherwise 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 cus-
todian of record; or
798 
(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 sepa-
rate 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
799 
not accept, for any official purpose, a birth certifi-
cate 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 
manner as the Secretary, in consultation with the 
Secretary of Health and Human Services, may pre-
scribe 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 
necessary to prevent tampering, counterfeiting, and other-
wise duplicating the birth certificate for fraudulent pur-
poses. 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:
800 
(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 
require 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 Sec-
retary of Health and Human Services and the 
States,
shall
establish
minimum
standards
for 
issuance of a birth certificate to specific family 
members, their authorized representatives, and oth-
ers who demonstrate that the certificate is needed 
for the protection of the requestor’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.
801 
(5) APPLICATIONS BY ELECTRONIC MEANS.— 
To meet the requirements of this section, for appli-
cations 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 requestor. 
(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 building 
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 agree-
ment. 
(3) Subject all persons with access to vital 
records to appropriate security clearance require-
ments.
802 
(4) Establish fraudulent document recognition 
training programs for appropriate employees en-
gaged in the issuance process. 
(5) Establish and implement internal operating 
system standards for paper and for electronic sys-
tems. 
(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
803 
electronic birth registration systems and death reg-
istration 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 
government 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 Ad-
ministration, regarding deaths of United States mili-
tary personnel and the birth and death of their de-
pendents. 
(7) Not later than 1 year after the date of en-
actment of this Act, establish a process with the De-
804 
partment of State to improve registration, notifica-
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 ad-
dress 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
805 
response from the participating vital records jurisdiction 
as to whether there 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 may make grants 
to a State to assist the State in conforming to the min-
imum 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 Sec-
retary of Health and Human Services and in consultation 
with State vital statistics offices and appropriate Federal 
agencies. 
(b) EXTENSIONS
OF DEADLINES.—The Secretary 
may grant to a State an extension of time to meet the
806 
requirements of section 3063(a)(1) if the State provides 
adequate justification for noncompliance. 
Chapter
3—Measures
To
Enhance
Privacy 
and Integrity of Social Security Account 
Numbers 
SEC. 3071. PROHIBITION OF THE DISPLAY OF SOCIAL SECU-
RITY 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 
amended— 
(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 polit-
ical subdivision to an individual for purposes of identifica-
tion of such individual or include on any such licence, reg-
807 
istration, or other document a magnetic strip, bar code, 
or other 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 Secu-
rity 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 Commis-
808 
sioner
determines
there
is
minimal
opportunity
for 
fraud.’’. 
(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 RE-
PLACEMENT 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 de-
velopment of appropriate electronic processes for 
third party verification of any such identification 
documents which are issued by agencies and instru-
mentalities 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
809 
the study undertaken under paragraph (1). Such re-
port shall contain such recommendations for legisla-
tive changes as the Commissioner considers nec-
essary to implement needed improvements in the 
process for verifying identification documents sub-
mitted by applicants 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 
improvements to the enumeration at birth program 
for the issuance of social security account numbers 
to newborns. Such improvements shall be designed 
to prevent— 
(A) the assignment of social security 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 ob-
taining 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
810 
of the Congress a report specifying in detail the ex-
tent to which the improvements required under 
paragraph (1) have been made. 
(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 
methods for reconciling hospital birth records with 
birth registrations submitted to agencies of States 
and political subdivisions thereof and with informa-
tion provided 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 
Committee on Finance of the Senate regarding the 
results of the study undertaken under paragraph 
(1). Such report shall contain such recommendations 
for legislative changes as the Commissioner con-
811 
siders necessary to implement needed improvements 
in the process for enumeration at birth. 
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 
Social 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 
social security account number, or for a replacement 
social security card, and of providing for reasonable 
exceptions to any requirement for photographic iden-
tification 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 insur-
ance program would be enhanced.
812 
(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 
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 rec-
ommendations for legislative changes as the Commissioner 
considers necessary relating to requirements for photo-
graphic identification 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 
social 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
813 
to such amendment shall take effect upon the earlier of 
the issuance of such regulations or the end of such 1-year 
period. 
SEC. 3076. STUDY RELATING TO MODIFICATION OF THE SO-
CIAL SECURITY ACCOUNT NUMBERING SYS-
TEM TO SHOW WORK AUTHORIZATION STA-
TUS. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Commissioner of 
Social Security, in consultation with the Secretary of 
Homeland Security, shall undertake a study to examine 
the best method of modifying the social security account 
number assigned 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 authorization 
to work or such restrictions on such an authorization. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Commissioner shall re-
port to the Committee on Ways and Means of the House 
of Representatives and the Committee on Finance of the
814 
Senate regarding the results of the study undertaken 
under this section. Such report shall include the Commis-
sioner’s recommendations of feasible options for modifying 
the social security account number in the manner de-
scribed in subsection (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 Com-
mittee on International Relations of the House of Rep-
resentatives, and the Committee on Foreign Relations of 
the Senate the results of a separate study on the subjects 
described in subsection (c). 
(b) STUDY.—The study submitted by the Secretary 
of State under subsection (a) shall be completed by the 
Office 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,
815 
and relative importance to the objectives of tracking sus-
pected terrorists’ travel, and apprehending suspected ter-
rorists, of each of the following: 
(1) Requiring nationals of all countries to 
present
machine-readable,
tamper-resistant
pass-
ports that incorporate biometric and document au-
thentication 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 sub-
section (a) shall also make recommendations on incentives 
that might be offered to encourage foreign nations to par-
ticipate 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—
816 
(1) by striking ‘‘October 31, 2000,’’ and insert-
ing ‘‘January 1, 2008,’’; 
(2) by striking ‘‘5 additional’’ and inserting ‘‘up 
to 25 additional’’; 
(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 
Homeland Security’’. 
(b) REPORT.—Not later than June 30, 2006, the 
Secretary 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 Com-
mittee on International Relations of the House of Rep-
resentatives, 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 
Homeland Security to carry out the amendments made by 
subsection (a)— 
(1) $24,000,000 for fiscal year 2005;
817 
(2) $48,000,000 for fiscal year 2006; and 
(3) $97,000,000 for fiscal year 2007. 
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 num-
ber of airports selected for an assignment under this sub-
section shall be at least 50.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Homeland Security to carry out the amendments made by 
subsection (a)— 
(1) $25,000,000 for fiscal year 2005; 
(2) $40,000,000 for fiscal year 2006; and 
(3) $40,000,000 for fiscal year 2007. 
SEC. 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 posi-
tions for consular officers above the number of such posi-
818 
tions 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
the
Immigration
and
Nationality
Act
(8
U.S.C. 
1202(d)) is amended by adding at the end the following: 
‘‘All nonimmigrant visa applications shall be reviewed and 
adjudicated by a consular officer.’’. 
(c) TRAINING FOR CONSULAR OFFICERS IN 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 pro-
vided to such officers by the Secretary of State, such offi-
cers shall also receive training in detecting fraudulent doc-
uments and general document forensics and shall be re-
quired as part of such training to work with immigration 
officers conducting inspections of applicants for admission 
into the United States at ports of entry.’’. 
(d) ASSIGNMENT OF ANTI-FRAUD SPECIALISTS.— 
(1) SURVEY REGARDING DOCUMENT FRAUD.— 
The Secretary of State, in coordination with the 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
819 
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-
tion with the Secretary of Homeland Security, iden-
tify 100 of such posts that experience the greatest 
frequency 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’’;
820 
(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 
(5) in subsection (c)(1), by inserting after 
‘‘United
States’’
the
following:
‘‘Government,
a 
State, political subdivision of a State, a foreign gov-
ernment, political subdivision of a foreign govern-
ment, an international governmental or an inter-
national 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 sub-
section (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
821 
to subsection (b), that the Antiterrorism Assistance Train-
ing (ATA) program of the Department of State (or any 
successor or related program) under chapter 8 of part II 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa 
et seq.) (or other relevant provisions of law) is carried out 
primarily to provide training to host nation security serv-
ices for the specific purpose of ensuring the physical secu-
rity and safety of United States Government facilities and 
personnel abroad (as well as foreign dignitaries and train-
ing related to the protection of such dignitaries), including 
security 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 
notification 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
822 
(2) the Committee on Foreign Relations and 
the Committee on the Judiciary of the Senate. 
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 Cen-
ter on February 26, 1993, the attack on the embas-
sies of the United States in Kenya and Tanzania on 
August 7, 1998, the attack on the USS Cole on Oc-
tober 12, 2000, and the attack on the World Trade 
Center and the Pentagon on September 11, 2001, 
traveled across international borders to plan and 
carry out these attacks. 
(3) The international terrorists who planned 
other attacks on the United States, including the 
plot to bomb New York City landmarks in 1993, the 
plot to bomb the New York City subway in 1997, 
and the millennium plot to bomb Los Angeles Inter-
823 
national Airport on December 31, 1999, traveled 
across international borders to plan and carry out 
these attacks. 
(4) Many of the international terrorists who 
planned and carried out large-scale attacks against 
foreign targets, including the attack in Bali, Indo-
nesia, on October 11, 2002, and the attack in Ma-
drid, Spain, on March 11, 2004, traveled across 
international borders to plan and carry out these at-
tacks. 
(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 fraudu-
lent passports and often had more than one pass-
port. 
(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 manipu-
lated.
824 
(7) The National Commission on Terrorist At-
tacks upon the United States, (commonly referred to 
as the 9/11 Commission), stated that ‘‘Targeting 
travel is at least as powerful a weapon against ter-
rorists as targeting their money.’’. 
(b) INTERNATIONAL AGREEMENTS TO TRACK AND 
CURTAIL TERRORIST TRAVEL.— 
(1)
INTERNATIONAL
AGREEMENT
ON
LOST, 
STOLEN,
OR
FALSIFIED
DOCUMENTS.—The Presi-
dent shall lead efforts to track and curtail the travel 
of terrorists by supporting the drafting, adoption, 
and implementation 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 falsified documents to augment exist-
ing United Nations and other international anti-ter-
rorism 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 
passports and other travel documents for the
825 
purposes of preventing the undetected travel of 
persons using such passports and other travel 
documents that were obtained improperly; 
(B) the establishment and implementation 
of a real-time verification system of passports 
and other travel documents with issuing au-
thorities; 
(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, sto-
len, 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;
826 
(IV) the trafficking in false or 
stolen travel documents and breeder 
documents for any purpose; 
(V) the facilitation of travel by a 
terrorist; and 
(VI) attempts to commit, 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 citizenship 
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 obliga-
tions under the convention; 
(F) the establishment and implementation 
of a system of self-assessments and peer re-
827 
views to examine the degree of compliance with 
the convention; and 
(G) an agreement that would permit immi-
gration and border officials to confiscate a lost, 
stolen, or falsified passport at ports of entry 
and permit the traveler to return to the sending 
country without being in possession of the lost, 
stolen, or falsified passport, and for the deten-
tion and investigation of such traveler upon the 
return 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 
passports 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
828 
Committee on International Relations of the House 
of Representatives and the Committee on Foreign 
Relations of the Senate that the goals described in 
subsection (b) have been fully achieved. 
SEC. 3089. INTERNATIONAL STANDARDS FOR TRANSLATION 
OF NAMES INTO THE ROMAN ALPHABET FOR 
INTERNATIONAL TRAVEL DOCUMENTS AND 
NAME-BASED WATCHLIST SYSTEMS. 
(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 Sep-
tember 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 identi-
fiers will be helpful, the full development and utiliza-
tion 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 Con-
gress that the President should seek to enter into an inter-
829 
national 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 
international travel documents and name-based watchlist 
systems. 
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 accel-
erate the full implementation of an automated bio-
metric entry and exit data system required by appli-
cable sections 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);
830 
(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 
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 bio-
metric 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 bio-
metric exit data systems in use; 
(iii) a listing of databases and data 
systems with which the automated entry 
and exit data system are interoperable;
831 
(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 
processing
individuals
through
the 
system; and 
(III)
programs
or
policies 
planned or implemented to correct 
problems identified in subclause (I) or 
(II); and 
(v) an assessment of the effectiveness 
of the entry and exit data system in 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;
832 
(ii) the actions the Secretary will take 
to accelerate the full implementation of the 
biometric entry and exit data system at all 
ports of entry through which all aliens 
must pass that are legally required to do 
so; and 
(iii) the resources and authorities 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 
system with all databases and data systems maintained 
by the United States Citizenship and Immigration Serv-
ices that process or contain information on aliens. 
(d) MAINTAINING ACCURACY
AND INTEGRITY
OF 
ENTRY AND EXIT DATA SYSTEM.—
833 
(1) IN GENERAL.—The Secretary, in consulta-
tion with other appropriate agencies, shall establish 
rules, guidelines, policies, and operating and audit-
ing procedures for collecting, removing, and updat-
ing 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 sys-
tem, that ensure the accuracy and integrity of the 
data. 
(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.—
834 
(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 bor-
ders of the United States should be a high pri-
ority; 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. 
(2) DEFINITION.—The term ‘‘registered trav-
eler program’’ means any program designed to expe-
dite 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 trav-
eler program developed under this paragraph 
shall be integrated into the automated biometric
835 
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 
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 
Department’s progress on the development and im-
plementation of the plan required by this subsection. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary, for
836 
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 indi-
viduals who help facilitate terrorist travel by cre-
ating false passports, visas, documents used to ob-
tain such travel documents, and other documents are 
fully shared within the United States Government 
and, to the extent possible, with and from foreign 
governments, 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 fol-
lowing: 
‘‘(C) ADDITIONAL
DUTIES
RELATING
TO 
TERRORIST TRAVEL.—In addition to the prin-
837 
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 Government agencies, the Human Traf-
ficking and Smuggling Center, and foreign gov-
ernments.’’. 
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 
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 
individual who shall have the rank and status of 
Deputy Assistant Secretary of State for Diplomatic 
Security (in this section referred to as the ‘‘Deputy 
Assistant Secretary’’).
838 
(2) RECRUITMENT.—The Under Secretary of 
State for Management shall chose the Deputy As-
sistant Secretary from among individuals who are 
Diplomatic Security Agents. 
(3) QUALIFICATIONS.—The Diplomatic Security 
Agent chosen to serve as the Deputy Assistant Sec-
retary shall have expertise and experience in inves-
tigating 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 
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
839 
(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 Im-
migration 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 Assist-
ance Act of 1961 (22 U.S.C. 2349aa et 
seq.) (or other relevant provisions of law) 
to train participants in the identification of 
fraudulent documents and the forensic de-
tection of such documents which may be 
used to obtain unlawful entry into the 
United States; and
840 
(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 meth-
ods, including the introduction of new tech-
nologies into such process. 
(B) IDENTIFICATION OF INDIVIDUALS AND 
DOCUMENTS.—Identify, in cooperation with the 
Human Trafficking and Smuggling Center, in-
dividuals who facilitate travel by the creation of 
false passports and visas, documents used to
841 
obtain such passports and visas, and other 
types of travel documents, and ensure that the 
appropriate agency is notified for further inves-
tigation and prosecution or, in the case of such 
individuals abroad for which no further inves-
tigation or prosecution is initiated, ensure that 
all appropriate information is shared with for-
eign governments in order to facilitate inves-
tigation, arrest, and prosecution of such individ-
uals. 
(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 
related document security and to investigate, 
arrest, and prosecute individuals who facilitate 
travel by the creation of false passports and 
visas, documents used to obtain such passports 
and visas, and other types of travel documents. 
(D) INSPECTION OF APPLICATIONS.—Ran-
domly inspect visa and passport applications for 
accuracy, efficiency, and fraud, especially at 
high terrorist threat posts, in order to prevent
842 
a recurrence of the issuance of visas to those 
who submit incomplete, fraudulent, or otherwise 
irregular or incomplete applications. 
(3) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Deputy As-
sistant Secretary shall submit to Congress a report 
containing— 
(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 inves-
tigate visa and passport fraud, including an 
evaluation of whether to allow diplomatic secu-
rity agents to convert to civil service officers to 
fill such positions. 
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 
Bureau of Customs and Border Protection, the Bu-
843 
reau of Immigration and Customs Enforcement, the 
Bureau 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 
(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 immigration benefits offices, and, in coordination 
with the Secretary of State, to appropriate individ-
uals at United States embassies and consulates. 
SEC. 3103. TRAINING PROGRAM. 
(a) REVIEW, EVALUATION, AND REVISION OF EXIST-
ING TRAINING PROGRAMS.—The Secretary of Homeland 
Security shall—
844 
(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 effec-
tively 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: 
(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.
845 
(5) Other topics determined to be appropriate 
by the Secretary of Homeland Security in consulta-
tion with the Secretary of State or the National In-
telligence 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 
Homeland Security, in consultation with the Secretary of 
State, shall submit to the Congress a plan to ensure that 
the Department of Homeland Security and the Depart-
ment 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 terrorist indicators on travel documents. 
(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 identify fraudulent documents and genuine docu-
ments. 
(c) PASSPORT SCREENING.—The plan shall address 
the feasibility of using such technologies to screen pass-
ports submitted for identification purposes to a United 
States consular, border, or immigration official.
846 
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 insert-
ing ‘‘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 insert-
ing ‘‘and by not later than December 31, 2004, the Sec-
retary’’. 
(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’’.
847 
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 sanc-
tuaries; 
(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 for-
eign 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.—
848 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President 
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 set-
backs, by the United States to work with other 
countries 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.
849 
(b) SUBSEQUENT REPORTS.— 
(1)
REQUIREMENT
OF
REPORTS.—Section 
140(a)(1) of the Foreign Relations Authorization 
Act,
Fiscal
Years
1988
and
1989
(22
U.S.C. 
2656f(a)(1)) is amended— 
(A)
by
striking
‘‘(1)’’
and
inserting 
‘‘(1)(A)’’; 
(B) by redesignating subparagraphs (A) 
through (C) as clauses (i) through (iii), 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 terror-
ists 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;
850 
(B) by redesignating paragraph (2) as 
paragraph (3); 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) with respect to subsection (a)(1)(B)— 
‘‘(A) the extent of knowledge by the 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 de-
struction 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—
851 
‘‘(A) a description of actual and potential 
terrorist sanctuaries, together with an assess-
ment of the priorities of addressing and elimi-
nating such sanctuaries; 
‘‘(B) an outline of strategies for disrupting 
or eliminating the security provided to terrorists 
by such sanctuaries; 
‘‘(C) a description of efforts by the United 
States to work with other countries in bilateral 
and multilateral fora to address or eliminate ac-
tual or potential terrorist sanctuaries and dis-
rupt or eliminate the security provided to ter-
rorists 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 
pursuant to section 4002(a)(2) of the 9/11 Rec-
ommendations 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
852 
‘‘(7) an analysis, as appropriate, relating to 
trends in international terrorism, including changes 
in technology used, methods and targets of attacks, 
demographic 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.’’.
853 
(4) EFFECTIVE DATE.—The amendments made 
by paragraphs (1), (2), and (3) apply with respect 
to the report required to be transmitted under sec-
tion 140 of the Foreign Relations Authorization Act, 
Fiscal 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);
854 
(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 
President submits to the Speaker of the House of Rep-
resentatives and the chairman of the Committee on Bank-
ing, Housing, and Urban Affairs and the chairman of the 
Committee on Foreign Relations of the Senate before the 
proposed rescission would take effect a report certifying 
that the government of the country concerned — 
‘‘(A) is taking concrete, verifiable steps to elimi-
nate 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 prevent 
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 redesig-
nated) the following: 
‘‘(7) In this subsection— 
‘‘(A) the term ‘territory of the country’ means 
the land, waters, and airspace of the country; and
855 
‘‘(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— 
‘‘(i) to carry out terrorist activities, includ-
ing training, fundraising, financing, recruit-
ment, and education activities; or 
‘‘(ii) to provide transit through the coun-
try.’’. 
(b) IMPLEMENTATION.—The President shall imple-
ment the amendments made by subsection (a) by exer-
cising the authorities the President has under the Inter-
national Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.). 
CHAPTER 2—OTHER PROVISIONS 
SEC. 4011. APPOINTMENTS TO FILL VACANCIES IN ARMS 
CONTROL
AND
NONPROLIFERATION
ADVI-
SORY BOARD. 
(a) REQUIREMENT.—Not later than December 31, 
2004, the Secretary of State shall appoint individuals to 
the Arms Control and Nonproliferation Advisory Board to 
fill all vacancies in the membership of the Board that exist 
on the date of the enactment of this Act. 
(b) CONSULTATION.—Appointments to the Board 
under subsection (a) shall be made in consultation with
856 
the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Rela-
tions of the Senate. 
SEC. 4012. REVIEW OF UNITED STATES POLICY ON PRO-
LIFERATION
OF
WEAPONS
OF
MASS
DE-
STRUCTION
AND
CONTROL
OF
STRATEGIC 
WEAPONS. 
(a) REVIEW.— 
(1) IN GENERAL.—The Undersecretary of State 
for Arms Control and International Security shall 
instruct the Arms Control and Nonproliferation Ad-
visory Board (in this section referred to as the ‘‘Ad-
visory Board’’) to carry out a review of existing poli-
cies of the United States relating to the proliferation 
of weapons of mass destruction and the control of 
strategic weapons. 
(2) COMPONENTS.—The review required under 
this subsection shall contain at a minimum the fol-
lowing: 
(A) An identification of all major defi-
ciencies in existing United States policies relat-
ing to the proliferation of weapons of mass de-
struction and the control of strategic weapons. 
(B) Proposals that contain a range of op-
tions that if implemented would adequately ad-
857 
dress any significant threat deriving from the 
deficiencies in existing United States policies 
described in subparagraph (A). 
(b) REPORTS.— 
(1) INTERIM REPORT.—Not later than June 15, 
2005, the Advisory Board shall prepare and submit 
to the Undersecretary of State for Arms Control and 
International Security an interim report that con-
tains the initial results of the review carried out pur-
suant to subsection (a). 
(2) FINAL REPORT.—Not later than December 
1, 2005, the Advisory Board shall prepare and sub-
mit to the Undersecretary of State for Arms Control 
and International Security, and to the Committee on 
International Relations of the House of Representa-
tives and the Committee on Foreign Relations of the 
Senate, a final report that contains the comprehen-
sive results of the review carried out pursuant to 
subsection (a). 
(c) EXPERTS AND CONSULTANTS.— In carrying out 
this section, the Advisory Board may procure temporary 
and intermittent services of experts and consultants, in-
cluding experts and consultants from nongovernmental or-
ganizations, under section 3109(b) of title 5, United 
States Code.
858 
(d) FUNDING AND OTHER RESOURCES.—The Sec-
retary of State shall provide to the Advisory Board an ap-
propriate amount of funding and other resources to enable 
the Advisory Board to carry out this section. 
SEC. 4013. INTERNATIONAL AGREEMENTS TO INTERDICT 
ACTS OF INTERNATIONAL TERRORISM. 
Section 1(e)(2) of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2651a(e)(2)), as amend-
ed by section 3091(b), is further amended by adding at 
the end the following: 
‘‘(D) ADDITIONAL
DUTIES
RELATING
TO 
INTERNATIONAL
AGREEMENTS
TO
INTERDICT 
ACTS OF INTERNATIONAL TERRORISM.— 
‘‘(i) IN GENERAL.—In addition to the 
principal duties of the Coordinator de-
scribed in subparagraph (B), the Coordi-
nator, in consultation with relevant United 
States Government agencies, shall seek to 
negotiate on a bilateral basis international 
agreements
under
which
parties
to
an 
agreement work in partnership to address 
and interdict acts of international ter-
rorism.
859 
‘‘(ii)
TERMS
OF
INTERNATIONAL 
AGREEMENT.—It is the sense of Congress 
that— 
‘‘(I)
each
party
to
an
inter-
national
agreement
referred
to
in 
clause (i)— 
‘‘(aa) should be in full com-
pliance with United Nations Se-
curity Council Resolution 1373 
(September 28, 2001), other ap-
propriate
international
agree-
ments relating to antiterrorism 
measures, and such other appro-
priate
criteria
relating
to 
antiterrorism measures; 
‘‘(bb) should sign and ad-
here
to
a
‘counterterrorism 
Pledge’ and a list of ‘Interdiction 
Principles’, to be determined by 
the parties to the agreement; 
‘‘(cc) should identify assets 
and agree to multilateral efforts 
that
maximizes
the
country’s 
strengths and resources to ad-
dress and interdict acts of inter-
860 
national terrorism or the financ-
ing of such acts; 
‘‘(dd) should agree to joint 
training
exercises
among
the 
other parties to the agreement; 
and 
‘‘(ee) should agree to the ne-
gotiation and implementation of 
other
relevant
international 
agreements and consensus-based 
international standards; and 
‘‘(II) an international agreement 
referred to in clause (i) should contain 
provisions that require the parties to 
the agreement— 
‘‘(aa)
to
identify
regions 
throughout the world that are 
emerging terrorist threats; 
‘‘(bb) to establish terrorism 
interdiction centers in such re-
gions and other regions, as ap-
propriate; 
‘‘(cc)
to
deploy
terrorism 
prevention teams to such regions,
861 
including
United
States-led 
teams; and 
‘‘(dd)
to
integrate
intel-
ligence, military, and law enforce-
ment personnel from countries 
that are parties to the agreement 
in order to work directly with the 
regional centers described in item 
(bb)
and
regional
teams
de-
scribed in item (cc).’’. 
SEC. 4014. EFFECTIVE COALITION APPROACH TOWARD DE-
TENTION AND HUMANE TREATMENT OF CAP-
TURED TERRORISTS. 
It is the sense of Congress that the President should 
pursue by all appropriate diplomatic means with countries 
that are participating in the Coalition to fight terrorism 
the development of an effective approach toward the de-
tention and humane treatment of captured terrorists. The 
effective approach referred to in this section may, as ap-
propriate, draw on Article 3 of the Convention Relative 
to the Treatment of Prisoners of War, done at Geneva 
on August 12, 1949 (6 UST 3316).
862 
SEC. 4015. SENSE OF CONGRESS AND REPORT REGARDING 
COUNTER-DRUG EFFORTS IN AFGHANISTAN. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the President should make the substantial 
reduction of illegal drug production and trafficking 
in Afghanistan a priority in the Global War on Ter-
rorism; 
(2) the Secretary of Defense, in coordination 
with the Secretary of State and the heads of other 
appropriate Federal agencies, should expand co-
operation with the Government of Afghanistan and 
international organizations involved in counter-drug 
activities to assist in providing a secure environment 
for counter-drug personnel in Afghanistan; and 
(3) the United States, in conjunction with the 
Government of Afghanistan and coalition partners, 
should undertake additional efforts to reduce illegal 
drug trafficking and related activities that provide 
financial support for terrorist organizations in Af-
ghanistan and neighboring countries. 
(b) REPORT REQUIRED.—(1) The Secretary of De-
fense and the Secretary of State shall jointly prepare a 
report that describes—
863 
(A) the progress made towards substantially re-
ducing poppy cultivation and heroin production ca-
pabilities in Afghanistan; and 
(B) the extent to which profits from illegal drug 
activity in Afghanistan are used to financially sup-
port terrorist organizations and groups seeking to 
undermine the Government of Afghanistan. 
(2) The report required by this subsection shall be 
submitted to Congress not later than 120 days after the 
date of the enactment of this Act. 
Subtitle B—Prevent the Continued 
Growth of Terrorism 
CHAPTER 1—UNITED STATES PUBLIC 
DIPLOMACY 
SEC. 4021. ANNUAL REVIEW AND ASSESSMENT OF PUBLIC 
DIPLOMACY STRATEGY. 
(a) IN GENERAL.—The Secretary of State, in coordi-
nation with all appropriate Federal agencies, shall submit 
to the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Rela-
tions of the Senate an annual assessment of the impact 
of public diplomacy efforts on target audiences. Each as-
sessment shall review the United States public diplomacy 
strategy worldwide and by region, including an examina-
tion of the allocation of resources and an evaluation and
864 
assessment of the progress in, and barriers to, achieving 
the goals set forth under previous plans submitted under 
this section. Not later than March 15 of every year, the 
Secretary shall submit the assessment required by this 
subsection. 
(b) FURTHER ACTION.— On the basis of such review, 
the Secretary, in coordination with all appropriate Federal 
agencies, shall submit, as part of the annual budget sub-
mission, a public diplomacy strategy plan which specifies 
goals, agency responsibilities, and necessary resources and 
mechanisms for achieving such goals during the next fiscal 
year. The plan may be submitted in classified form. 
SEC. 4022. PUBLIC DIPLOMACY TRAINING. 
(a) STATEMENT OF POLICY.—It should be the policy 
of the United States: 
(1) The Foreign Service should recruit individ-
uals with expertise and professional experience in 
public diplomacy. 
(2) United States chiefs of mission should have 
a prominent role in the formulation of public diplo-
macy strategies for the countries and regions to 
which they are assigned and should be accountable 
for the operation and success of public diplomacy ef-
forts at their posts.
865 
(3) Initial and subsequent training of Foreign 
Service officers should be enhanced to include infor-
mation and training on public diplomacy and the 
tools and technology of mass communication. 
(b) PERSONNEL.— 
(1)
QUALIFICATIONS.—In
the
recruitment, 
training, and assignment of members of the Foreign 
Service, the Secretary of State shall emphasize the 
importance of public diplomacy and applicable skills 
and techniques. The Secretary shall consider the pri-
ority recruitment into the Foreign Service, at mid-
dle-level entry, of individuals with expertise and pro-
fessional experience in public diplomacy, mass com-
munications, or journalism. The Secretary shall give 
special consideration to individuals with language fa-
cility and experience in particular countries and re-
gions. 
(2) LANGUAGES OF SPECIAL INTEREST.—The 
Secretary of State shall seek to increase the number 
of Foreign Service officers proficient in languages 
spoken in predominantly Muslim countries. Such in-
crease shall be accomplished through the recruit-
ment of new officers and incentives for officers in 
service.
866 
SEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUSLIM 
COUNTRIES. 
(a) DECLARATION OF POLICY.—Congress declares 
that the United States should commit to a long-term and 
sustainable investment in promoting engagement with peo-
ple of all levels of society in countries with predominantly 
Muslim populations, particularly with youth and those who 
influence youth. Such an investment should make use of 
the talents and resources in the private sector and should 
include programs to increase the number of people who 
can be exposed to the United States and its fundamental 
ideas and values in order to dispel misconceptions. Such 
programs should include youth exchange programs, young 
ambassadors programs, international visitor programs, 
academic and cultural exchange programs, American Cor-
ner programs, library programs, journalist exchange pro-
grams, sister city programs, and other programs related 
to people-to-people diplomacy. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should significantly increase 
its investment in the people-to-people programs described 
in subsection (a). 
SEC.
4024.
PUBLIC
DIPLOMACY
REQUIRED
FOR
PRO-
MOTION IN FOREIGN SERVICE. 
(a) IN GENERAL.—Section 603(b) of the Foreign 
Service Act of 1980 (22 U.S.C. 4003(b)) is amended by
867 
adding at the end the following new sentences: ‘‘The pre-
cepts for such selection boards shall also consider whether 
the member of the Service or the member of the Senior 
Foreign Service, as the case may be, has served in at least 
one position in which the primary responsibility of such 
member was related to public diplomacy. A member may 
not be promoted into or within the Senior Foreign Service 
if such member has not served in at least one such posi-
tion.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on January 1, 2009. 
CHAPTER 2—UNITED STATES 
MULTILATERAL DIPLOMACY 
SEC. 4031. PURPOSE. 
It is the purpose of this chapter to strengthen United 
States leadership and effectiveness at international organi-
zations and multilateral institutions. 
SEC. 4032. SUPPORT AND EXPANSION OF DEMOCRACY CAU-
CUS. 
(a) IN GENERAL.—The President, acting through the 
Secretary of State and the relevant United States chiefs 
of mission, shall— 
(1) continue to strongly support and seek to ex-
pand the work of the democracy caucus at the
868 
United Nations General Assembly and the United 
Nations Human Rights Commission; and 
(2) seek to establish a democracy caucus at the 
United Nations Conference on Disarmament and at 
other broad-based international organizations. 
(b) PURPOSES OF THE CAUCUS.—A democracy cau-
cus at an international organization should— 
(1) forge common positions, including, as ap-
propriate, at the ministerial level, on matters of con-
cern before the organization and work within and 
across regional lines to promote agreed positions; 
(2) work to revise an increasingly outmoded 
system of membership selection, regional voting, and 
decision making; and 
(3) establish a rotational leadership agreement 
to provide member countries an opportunity, for a 
set period of time, to serve as the designated presi-
dent of the caucus, responsible for serving as its 
voice in each organization. 
SEC.
4033.
LEADERSHIP
AND
MEMBERSHIP
OF
INTER-
NATIONAL ORGANIZATIONS. 
(a) UNITED STATES POLICY.—The President, acting 
through the Secretary of State and the relevant United 
States chiefs of mission, shall use the voice, vote, and in-
fluence of the United States to—
869 
(1) where appropriate, reform the criteria for 
leadership and, in appropriate cases, for member-
ship, at all United Nations bodies and at other inter-
national organizations and multilateral institutions 
to which the United States is a member so as to ex-
clude countries that violate the principles of the spe-
cific organization; 
(2) make it a policy of the United Nations and 
other international organizations and multilateral in-
stitutions of which the United States is a member 
that a member country may not stand in nomination 
for membership or in nomination or in rotation for 
a leadership position in such bodies if the member 
country is subject to sanctions imposed by the 
United Nations Security Council; and 
(3) work to ensure that no member country 
stand in nomination for membership, or in nomina-
tion or in rotation for a leadership position in such 
organizations, or for membership on the United Na-
tions Security Council, if the member country is sub-
ject to a determination under section 6(j)(1)(A) of 
the Export Administration Act of 1979 (50 U.S.C. 
App. 2405(j)(1)(A)), section 620A(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2371(a)), or sec-
870 
tion 40(d) of the Arms Export Control Act (22 
U.S.C. 2780(d)). 
(b) REPORT TO CONGRESS.—Not later than 15 days 
after a country subject to a determination under one or 
more of the provisions of law specified in subsection (a)(3) 
is selected for membership or a leadership post in an inter-
national organization of which the United States is a 
member or for membership on the United Nations Secu-
rity Council, the Secretary of State shall submit to the 
Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations 
of the Senate a report on any steps taken pursuant to 
subsection (a)(3). 
SEC. 4034. INCREASED TRAINING IN MULTILATERAL DIPLO-
MACY. 
(a) TRAINING PROGRAMS.—Section 708 of the For-
eign Service Act of 1980 (22 U.S.C. 4028) is amended 
by adding at the end the following new subsection: 
‘‘(c) TRAINING IN MULTILATERAL DIPLOMACY.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a series of training courses for officers of the 
Service, including appropriate chiefs of mission, on 
the conduct of diplomacy at international organiza-
tions and other multilateral institutions and at
871 
broad-based
multilateral
negotiations
of
inter-
national instruments. 
‘‘(2) PARTICULAR PROGRAMS.—The Secretary 
shall ensure that the training described in paragraph 
(1) is provided at various stages of the career of 
members of the service. In particular, the Secretary 
shall ensure that after January 1, 2006— 
‘‘(A) officers of the Service receive training 
on the conduct of diplomacy at international or-
ganizations and other multilateral institutions 
and at broad-based multilateral negotiations of 
international instruments as part of their train-
ing upon entry into the Service; and 
‘‘(B)
officers
of
the
Service,
including 
chiefs of mission, who are assigned to United 
States missions representing the United States 
to international organizations and other multi-
lateral institutions or who are assigned in 
Washington, D.C., to positions that have as 
their primary responsibility formulation of pol-
icy towards such organizations and institutions 
or towards participation in broad-based multi-
lateral
negotiations
of
international
instru-
ments, receive specialized training in the areas 
described in paragraph (1) prior to beginning of
872 
service for such assignment or, if receiving such 
training at that time is not practical, within the 
first year of beginning such assignment.’’. 
(b) TRAINING FOR CIVIL SERVICE EMPLOYEES.— 
The Secretary shall ensure that employees of the Depart-
ment of State who are members of the civil service and 
who are assigned to positions described in section 708(c) 
of the Foreign Service Act of 1980 (as amended by sub-
section (a)) receive training described in such section. 
(c) CONFORMING AMENDMENTS.—Section 708 of 
such Act is further amended— 
(1) in subsection (a), by striking ‘‘(a) The’’ and 
inserting ‘‘(a) TRAINING
ON HUMAN RIGHTS.— 
The’’; and 
(2) in subsection (b), by striking ‘‘(b) The’’ and 
inserting ‘‘(b) TRAINING
ON REFUGEE LAW
AND 
RELIGIOUS PERSECUTION.—The’’. 
SEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF OF-
FICE ON MULTILATERAL NEGOTIATIONS. 
(a) ESTABLISHMENT OF OFFICE.—The Secretary of 
State is authorized to establish, within the Bureau of 
International Organizational Affairs, an Office on Multi-
lateral Negotiations to be headed by a Special Representa-
tive for Multilateral Negotiations (in this section referred 
to as the ‘‘Special Representative’’).
873 
(b)
APPOINTMENT.—The
Special
Representative 
shall be appointed by the President and shall have the 
rank of Ambassador-at-Large. At the discretion of the 
President another official at the Department may serve 
as the Special Representative. 
(c) STAFFING.—The Special Representative shall 
have a staff of Foreign Service and civil service officers 
skilled in multilateral diplomacy. 
(d) DUTIES.—The Special Representative shall have 
the following responsibilities: 
(1) IN GENERAL.—The primary responsibility 
of the Special Representative shall be to assist in the 
organization of, and preparation for, United States 
participation in multilateral negotiations, including 
advocacy efforts undertaken by the Department of 
State and other United States Government agencies. 
(2) CONSULTATIONS.—The Special Representa-
tive shall consult with Congress, international orga-
nizations, nongovernmental organizations, and the 
private sector on matters affecting multilateral nego-
tiations. 
(3) ADVISORY ROLE.—The Special Representa-
tive shall advise the Assistant Secretary for Inter-
national Organizational Affairs and, as appropriate, 
the Secretary of State, regarding advocacy at inter-
874 
national organizations, multilateral institutions, and 
negotiations, and shall make recommendations re-
garding— 
(A) effective strategies (and tactics) to 
achieve United States policy objectives at multi-
lateral negotiations; 
(B) the need for and timing of high level 
intervention by the President, the Secretary of 
State, the Deputy Secretary of State, and other 
United States officials to secure support from 
key foreign government officials for United 
States positions at such organizations, institu-
tions, and negotiations; and 
(C) the composition of United States dele-
gations to multilateral negotiations. 
(4) ANNUAL DIPLOMATIC MISSIONS OF MULTI-
LATERAL
ISSUES.—The Special Representative, in 
coordination with the Assistant Secretary for Inter-
national Organizational Affairs, shall organize an-
nual
diplomatic
missions
to
appropriate
foreign 
countries to conduct consultations between principal 
officers responsible for advising the Secretary of 
State on international organizations and high-level 
representatives of the governments of such foreign 
countries to promote the United States agenda at
875 
the United Nations General Assembly and other key 
international fora (such as the United Nations 
Human Rights Commission). 
(5) LEADERSHIP AND MEMBERSHIP OF INTER-
NATIONAL ORGANIZATIONS.—The Special Represent-
ative, in coordination with the Assistant Secretary of 
International Organizational Affairs, shall direct the 
efforts of the United States to reform the criteria 
for leadership of and membership in international 
organizations as described in section 4033. 
(6) PARTICIPATION
IN
MULTILATERAL
NEGO-
TIATIONS.—The Secretary of State may direct the 
Special Representative to serve as a member of a 
United States delegation to any multilateral negotia-
tion. 
CHAPTER 3—OTHER PROVISIONS 
SEC. 4041. PILOT PROGRAM TO PROVIDE GRANTS TO AMER-
ICAN-SPONSORED
SCHOOLS
IN
PREDOMI-
NANTLY
MUSLIM
COUNTRIES
TO
PROVIDE 
SCHOLARSHIPS. 
(a) FINDINGS.—Congress finds the following: 
(1) During the 2003–2004 school year, the Of-
fice of Overseas Schools of the Department of State 
is financially assisting 189 elementary and sec-
ondary schools in foreign countries.
876 
(2) American-sponsored elementary and sec-
ondary schools are located in more than 20 countries 
with significant Muslim populations in the Near 
East, Africa, South Asia, Central Asia, and East 
Asia. 
(3) American-sponsored elementary and sec-
ondary schools provide an American-style education 
in English, with curricula that typically include an 
emphasis on the development of critical thinking and 
analytical skills. 
(b) PURPOSE.—The United States has an interest in 
increasing the level of financial support provided to Amer-
ican-sponsored elementary and secondary schools in pre-
dominantly Muslim countries, in order to— 
(1) increase the number of students in such 
countries who attend such schools; 
(2) increase the number of young people who 
may thereby gain at any early age an appreciation 
for the culture, society, and history of the United 
States; and 
(3) increase the number of young people who 
may thereby improve their proficiency in the English 
language. 
(c) PILOT PROGRAM AUTHORIZED.—The Secretary 
of State, acting through the Director of the Office of Over-
877 
seas Schools of the Department of State, may conduct a 
pilot program to make grants to American-sponsored ele-
mentary and secondary schools in predominantly Muslim 
countries for the purpose of providing full or partial merit- 
based scholarships to students from lower- and middle-in-
come families of such countries to attend such schools. 
(d) DETERMINATION OF ELIGIBLE STUDENTS.—For 
purposes of expending grant funds, an American-spon-
sored elementary and secondary school that receives a 
grant under subsection (c) is authorized to establish cri-
teria to be implemented by such school to determine what 
constitutes lower- and middle-income families in the coun-
try (or region of the country, if regional variations in in-
come levels in the country are significant) in which such 
school is located. 
(e) RESTRICTION ON USE OF FUNDS.—Amounts ap-
propriated to the Secretary of State pursuant to the au-
thorization of appropriations in subsection (h) shall be 
used for the sole purpose of making grants under this sec-
tion, and may not be used for the administration of the 
Office of Overseas Schools of the Department of State or 
for any other activity of the Office. 
(f) VOLUNTARY PARTICIPATION.—Nothing in this 
section shall be construed to require participation in the
878 
pilot program by an American-sponsored elementary or 
secondary school in a predominantly Muslim country. 
(g) REPORT.—Not later than April 15, 2006, the 
Secretary shall submit to the Committee on International 
Relations of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate a report on the 
pilot program. The report shall assess the success of the 
program, examine any obstacles encountered in its imple-
mentation, and address whether it should be continued, 
and if so, provide recommendations to increase its effec-
tiveness. 
(h) FUNDING.—There are authorized to be appro-
priated to the Secretary of State such sums as may be 
necessary for each of fiscal years 2005, 2006, and 2007 
to carry out this section. 
SEC. 4042. ENHANCING FREE AND INDEPENDENT MEDIA. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Freedom of speech and freedom of the press 
are fundamental human rights. 
(2) The United States has a national interest in 
promoting these freedoms by supporting free media 
abroad, which is essential to the development of free 
and democratic societies consistent with our own.
879 
(3) Free media is undermined, endangered, or 
nonexistent in many repressive and transitional soci-
eties around the world, including in Eurasia, Africa, 
and the Middle East. 
(4) Individuals lacking access to a plurality of 
free media are vulnerable to misinformation and 
propaganda and are potentially more likely to adopt 
anti-American views. 
(5) Foreign governments have a responsibility 
to actively and publicly discourage and rebut unpro-
fessional and unethical media while respecting jour-
nalistic integrity and editorial independence. 
(b) STATEMENTS OF POLICY.—It shall be the policy 
of the United States, acting through the Secretary of 
State, to— 
(1) ensure that the promotion of press freedoms 
and free media worldwide is a priority of United 
States foreign policy and an integral component of 
United States public diplomacy; 
(2) respect the journalistic integrity and edi-
torial independence of free media worldwide; and 
(3) ensure that widely accepted standards for 
professional and ethical journalistic and editorial 
practices are employed when assessing international 
media.
880 
(c) GRANTS TO PRIVATE SECTOR GROUP TO ESTAB-
LISH MEDIA NETWORK.— 
(1) IN GENERAL.—Grants made available to the 
National Endowment for Democracy (NED) pursu-
ant to paragraph (3) shall be used by NED to pro-
vide funding to a private sector group to establish 
and manage a free and independent media network 
in accordance with paragraph (2). 
(2) PURPOSE.—The purpose of the network 
shall be to provide an effective forum to convene a 
broad range of individuals, organizations, and gov-
ernmental participants involved in journalistic activi-
ties and the development of free and independent 
media to— 
(A) fund a clearinghouse to collect and 
share
information
concerning
international 
media development and training; 
(B) improve research in the field of media 
assistance and program evaluation to better in-
form decisions regarding funding and program 
design for government and private donors; 
(C) explore the most appropriate use of ex-
isting means to more effectively encourage the 
involvement of the private sector in the field of 
media assistance; and
881 
(D) identify effective methods for the de-
velopment of a free and independent media in 
societies in transition. 
(3) FUNDING.—For grants made by the De-
partment of State to NED as authorized by the Na-
tional Endowment for Democracy Act (Pub. L. 98– 
164, 97 Stat. 1039), there are authorized to be ap-
propriated to the Secretary of State such sums as 
may be necessary for each of fiscal years 2005, 
2006, and 2007 to carry out this section. 
SEC. 4043. COMBATING BIASED OR FALSE FOREIGN MEDIA 
COVERAGE OF THE UNITED STATES. 
(a) FINDINGS.—Congress finds the following: 
(1) Biased or false media coverage of the 
United States and its allies is a significant factor en-
couraging terrorist acts against the people of the 
United States. 
(2) Public diplomacy efforts designed to encour-
age an accurate understanding of the people of the 
United States and the policies of the United States 
are unlikely to succeed if foreign publics are sub-
jected to unrelenting biased or false local media cov-
erage of the United States. 
(3) Where freedom of the press exists in foreign 
countries the United States can combat biased or
882 
false media coverage by responding in the foreign 
media
or
by
communicating
directly
to
foreign 
publics in such countries. 
(4) Foreign governments which encourage bi-
ased or false media coverage of the United States 
bear a significant degree of responsibility for cre-
ating a climate within which terrorism can flourish. 
Such governments are responsible for encouraging 
biased or false media coverage if they— 
(A) issue direct or indirect instructions to 
the media to publish biased or false information 
regarding the United States; 
(B)
make
deliberately
biased
or
false 
charges expecting that such charges will be dis-
seminated; or 
(C) so severely constrain the ability of the 
media to express criticism of any such govern-
ment that one of the few means of political ex-
pression available is criticism of the United 
States. 
(b) STATEMENTS OF POLICY.— 
(1) FOREIGN GOVERNMENTS.—It shall be the 
policy of the United States to regard foreign govern-
ments as knowingly engaged in unfriendly acts to-
ward the United States if such governments—
883 
(A) instruct their state-owned or influ-
enced media to include content that is anti- 
American or prejudicial to the foreign and secu-
rity policies of the United States; or 
(B) make deliberately false charges regard-
ing the United States or permit false or biased 
charges against the United States to be made 
while constraining normal political discourse. 
(2) SEEKING MEDIA ACCESS; RESPONDING TO 
FALSE
CHARGES.—It shall be the policy of the 
United States to— 
(A) seek access to the media in foreign 
countries on terms no less favorable than those 
afforded any other foreign entity or on terms 
available to the foreign country in the United 
States; and 
(B) combat biased or false media coverage 
in foreign countries of the United States and its 
allies by responding in the foreign media or by 
communicating directly to foreign publics. 
(c)
RESPONSIBILITIES
REGARDING
BIASED
OR 
FALSE MEDIA COVERAGE.— 
(1) SECRETARY OF STATE.—The Secretary of 
State shall instruct chiefs of mission to report on 
and combat biased or false media coverage origi-
884 
nating in or received in foreign countries to which 
such chiefs are posted. Based on such reports and 
other information available to the Secretary, the 
Secretary shall prioritize efforts to combat such 
media coverage, giving special attention to audiences 
where fostering popular opposition to terrorism is 
most important and such media coverage is most 
prevalent. 
(2) CHIEFS
OF
MISSION.—Chiefs of mission 
shall have the following responsibilities: 
(A) Chiefs of mission shall give strong pri-
ority to combatting biased or false media re-
ports in foreign countries to which such chiefs 
are posted regarding the United States. 
(B) Chiefs of mission posted to foreign 
countries in which freedom of the press exists 
shall inform the governments of such countries 
of the policies of the United States regarding 
biased or false media coverage of the United 
States, and shall make strong efforts to per-
suade such governments to change policies that 
encourage such media coverage. 
(d) REPORTS.—Not later than 120 days after the 
date of the enactment of this Act and at least annually 
thereafter until January 1, 2015, the Secretary shall sub-
885 
mit to the Committee on International Relations of the 
House of Representatives and the Committee on Foreign 
Relations of the Senate a report regarding the major 
themes of biased or false media coverage of the United 
States in foreign countries, the actions taken to persuade 
foreign governments to change policies that encourage 
such media coverage (and the results of such actions), and 
any other actions taken to combat such media coverage 
in foreign countries. 
SEC. 4044. REPORT ON BROADCAST OUTREACH STRATEGY. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the President shall transmit 
to the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Rela-
tions of the Senate a report on the strategy of the United 
States to expand its outreach to foreign Muslim audiences 
through broadcast media. 
(b) CONTENT.—The report required under subsection 
(a) shall contain the following: 
(1) An assessment of the Broadcasting Board 
of Governors and the public diplomacy activities of 
the Department of State with respect to outreach to 
foreign Muslim audiences through broadcast media. 
(2) An outline of recommended actions that the 
United States should take to more regularly and
886 
comprehensively present a United States point of 
view through indigenous broadcast media in coun-
tries with sizeable Muslim populations, including in-
creasing appearances by United States Government 
officials, experts, and citizens. 
(3) An assessment of potential incentives for, 
and
costs
associated
with,
encouraging
United 
States broadcasters to dub or subtitle into Arabic 
and other relevant languages their news and public 
affairs programs broadcast in Muslim countries in 
order to present those programs to a much broader 
Muslim audience than is currently reached. 
(4) An assessment of providing a training pro-
gram in media and press affairs for members of the 
Foreign Service. 
SEC. 4045. OFFICE RELOCATION. 
As soon as practicable after the date of the enactment 
of this Act, the Secretary of State shall take such actions 
as are necessary to consolidate within the Harry S. Tru-
man Building all offices of the Department of State that 
are responsible for the conduct of public diplomacy, in-
cluding the Bureau of Educational and Cultural Affairs.
887 
SEC. 4046. STRENGTHENING THE COMMUNITY OF DEMOC-
RACIES FOR MUSLIM COUNTRIES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States— 
(1) should work with the Community of Democ-
racies to discuss, develop, and refine policies and as-
sistance programs to support and promote political, 
economic, judicial, educational, and social reforms in 
Muslim countries; 
(2) should, as part of that effort, secure sup-
port to require countries seeking membership in the 
Community of Democracies to be in full compliance 
with the Community’s criteria for participation, as 
established by the Community’s Convening Group, 
should work to ensure that the criteria are part of 
a legally binding document, and should urge other 
donor countries to use compliance with the criteria 
as a basis for determining diplomatic and economic 
relations (including assistance programs) with such 
participating countries; and 
(3) should seek support for international con-
tributions to the Community of Democracies and 
should seek authority for the Community’s Con-
vening Group to oversee adherence and compliance 
of participating countries with the criteria.
888 
(b) MIDDLE EAST PARTNERSHIP INITIATIVE AND 
BROADER MIDDLE EAST AND NORTH AFRICA INITIATIVE 
.—Amounts made available to carry out the Middle East 
Partnership Initiative and the Broader Middle East and 
North Africa Initiative may be made available to the Com-
munity of Democracies in order to strengthen and expand 
its work with Muslim countries. 
(c) REPORT.—The Secretary of State shall include in 
the annual report entitled ‘‘Supporting Human Rights and 
Democracy: The U.S. Record’’ a description of efforts by 
the Community of Democracies to support and promote 
political, economic, judicial, educational, and social re-
forms in Muslim countries and the extent to which such 
countries meet the criteria for participation in the Com-
munity of Democracies. 
Subtitle C—Reform of Designation 
of Foreign Terrorist Organizations 
SEC. 4051. DESIGNATION OF FOREIGN TERRORIST ORGANI-
ZATIONS. 
(a) PERIOD OF DESIGNATION.—Section 219(a)(4) of 
the
Immigration
and
Nationality
Act
(8
U.S.C. 
1189(a)(4)) is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘Subject to paragraphs (5) 
and (6), a’’ and inserting ‘‘A’’; and
889 
(B) by striking ‘‘for a period of 2 years be-
ginning on the effective date of the designation 
under paragraph (2)(B)’’ and inserting ‘‘until 
revoked under paragraph (5) or (6) or set aside 
pursuant to subsection (c)’’; 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) REVIEW OF DESIGNATION UPON PE-
TITION.— 
‘‘(i)
IN
GENERAL.—The
Secretary 
shall review the designation of a foreign 
terrorist organization under the procedures 
set forth in clauses (iii) and (iv) if the des-
ignated organization files a petition for 
revocation within the petition period de-
scribed in clause (ii). 
‘‘(ii)
PETITION
PERIOD.—For
pur-
poses of clause (i)— 
‘‘(I) if the designated organiza-
tion has not previously filed a petition 
for revocation under this subpara-
graph, the petition period begins 2 
years after the date on which the des-
ignation was made; or
890 
‘‘(II) if the designated organiza-
tion has previously filed a petition for 
revocation under this subparagraph, 
the petition period begins 2 years 
after the date of the determination 
made under clause (iv) on that peti-
tion. 
‘‘(iii) PROCEDURES.—Any foreign ter-
rorist organization that submits a petition 
for revocation under this subparagraph 
must provide evidence in that petition that 
the relevant circumstances described in 
paragraph (1) have changed in such a 
manner as to warrant revocation with re-
spect to the organization. 
‘‘(iv) DETERMINATION.— 
‘‘(I)
IN
GENERAL.—Not
later 
than 180 days after receiving a peti-
tion for revocation submitted under 
this subparagraph, the Secretary shall 
make a determination as to such rev-
ocation. 
‘‘(II)
CLASSIFIED
INFORMA-
TION.—The Secretary may consider 
classified information in making a de-
891 
termination in response to a petition 
for revocation. Classified information 
shall not be subject to disclosure for 
such time as it remains classified, ex-
cept that such information may be 
disclosed to a court ex parte and in 
camera for purposes of judicial review 
under subsection (c). 
‘‘(III) PUBLICATION OF DETER-
MINATION.—A determination made by 
the Secretary under this clause shall 
be published in the Federal Register. 
‘‘(IV)
PROCEDURES.—Any
rev-
ocation
by
the
Secretary
shall
be 
made in accordance with paragraph 
(6).’’; and 
(3) by adding at the end the following: 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 6-year pe-
riod no review has taken place under sub-
paragraph (B), the Secretary shall review 
the designation of the foreign terrorist or-
ganization in order to determine whether 
such designation should be revoked pursu-
ant to paragraph (6).
892 
‘‘(ii) PROCEDURES.—If a review does 
not take place pursuant to subparagraph 
(B) in response to a petition for revocation 
that is filed in accordance with that sub-
paragraph, then the review shall be con-
ducted pursuant to procedures established 
by the Secretary. The results of such re-
view and the applicable procedures shall 
not be reviewable in any court. 
‘‘(iii) PUBLICATION OF RESULTS OF 
REVIEW.—The Secretary shall publish any 
determination made pursuant to this sub-
paragraph in the Federal Register.’’. 
(b) ALIASES.—Section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189) is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) AMENDMENTS TO A DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary may amend 
a designation under this subsection if the Secretary 
finds that the organization has changed its name, 
adopted a new alias, dissolved and then reconsti-