1265 
cumstances where such information may rea-
sonably be believed and where such informa-
tion indicates that an activity has taken, is 
taking, or will take place that would con-
stitute a violation of chapter 2, 10, 11B, 39, 40, 
44, 111, or 113B of this title, section 236 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2284), or 
section 46502, the second sentence of section 
46504, section 46505 (b)(3) or (c), section 46506 
if homicide or attempted homicide is in-
volved, or section 60123(b) of title 49 is liable 
in a civil action to any party incurring ex-
penses incident to any emergency or inves-
tigative response to that conduct, for those 
expenses. 
‘‘(c) REIMBURSEMENT.— 
‘‘(1) IN GENERAL.—The court, in impos-
ing a sentence on a defendant who has 
been convicted of an offense under sub-
section (a), shall order the defendant to 
reimburse any state or local government, 
or private not-for-profit organization that 
provides fire or rescue service incurring 
expenses incident to any emergency or
1266 
investigative response to that conduct, 
for those expenses. 
‘‘(2) LIABILITY.—A person ordered to 
make reimbursement under this sub-
section shall be jointly and severally lia-
ble for such expenses with each other 
person, if any, who is ordered to make re-
imbursement under this subsection for 
the same expenses. 
‘‘(3) CIVIL JUDGMENT.—An order of re-
imbursement under this subsection shall, 
for the purposes of enforcement, be treat-
ed as a civil judgment. 
‘‘(d) ACTIVITIES
OF LAW ENFORCEMENT.— 
This section does not prohibit any lawfully 
authorized investigative, protective, or intel-
ligence activity of a law enforcement agency 
of the United States, a State, or political sub-
division of a State, or of an intelligence agen-
cy of the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of 
sections as the beginning of chapter 47 of title 
18, United States Code, is amended by adding 
after the item for section 1037 the following: 
‘‘1038. False information and hoaxes.’’.
1267 
SEC. 2023. OBSTRUCTION OF JUSTICE AND FALSE STATE-
MENTS IN TERRORISM CASES. 
(a) ENHANCED PENALTY.—Section 1001(a) 
and the third undesignated paragraph of sec-
tion 1505 of title 18, United States Code, are 
amended by striking ‘‘be fined under this title 
or imprisoned not more than 5 years, or both’’ 
and inserting ‘‘be fined under this title, im-
prisoned not more than 5 years or, if the mat-
ter relates to international or domestic ter-
rorism (as defined in section 2331), impris-
oned not more than 10 years, or both’’. 
(b) SENTENCING
GUIDELINES.—Not later 
than 30 days of the enactment of this section, 
the United States Sentencing Commission 
shall amend the Sentencing Guidelines to pro-
vide for an increased offense level for an of-
fense under sections 1001(a) and 1505 of title 
18, United States Code, if the offense involves 
a matter relating to international or domestic 
terrorism, as defined in section 2331 of such 
title. 
SEC. 2024. CLARIFICATION OF DEFINITION. 
Section 1958 of title 18, United States 
Code, is amended—
1268 
(1) in subsection (a), by striking ‘‘fa-
cility in’’ and inserting ‘‘facility of’’; and 
(2) in subsection (b)(2), by inserting 
‘‘or foreign’’ after ‘‘interstate’’. 
Subtitle C—Material Support to 
Terrorism Prohibition Enhance-
ment Act of 2004 
SEC. 2041. SHORT TITLE. 
This subtitle may be cited as the ‘‘Material 
Support to Terrorism Prohibition Enhance-
ment Act of 2004’’. 
SEC. 2042. RECEIVING MILITARY-TYPE TRAINING FROM A 
FOREIGN TERRORIST ORGANIZATION. 
Chapter 113B of title 18, United States 
Code, is amended by adding after section 
2339C the following new section: 
‘‘§ 2339D. Receiving military-type training from a for-
eign terrorist organization 
‘‘(a) OFFENSE.—Whoever knowingly re-
ceives military-type training from or on be-
half of any organization designated at the 
time of the training by the Secretary of State 
under section 219(a)(1) of the Immigration 
and Nationality Act as a foreign terrorist or-
ganization shall be fined under this title or
1269 
imprisoned for ten years, or both. To violate 
this subsection, a person must have knowl-
edge that the organization is a designated ter-
rorist organization (as defined in subsection 
(c)(4)), that the organization has engaged or 
engages in terrorist activity (as defined in 
section 212 of the Immigration and Nation-
ality Act), or that the organization has en-
gaged or engages in terrorism (as defined in 
section 140(d)(2) of the Foreign Relations Au-
thorization Act, Fiscal Years 1988 and 1989). 
‘‘(b) 
EXTRATERRITORIAL
JURISDICTION.— 
There is extraterritorial Federal jurisdiction 
over an offense under this section. There is ju-
risdiction over an offense under subsection 
(a) if— 
‘‘(1) an offender is a national of the 
United States (as defined in 101(a)(22) of 
the Immigration and Nationality Act) or 
an alien lawfully admitted for permanent 
residence in the United States (as defined 
in section 101(a)(20) of the Immigration 
and Nationality Act);
1270 
‘‘(2) an offender is a stateless person 
whose habitual residence is in the United 
States; 
‘‘(3) after the conduct required for the 
offense occurs an offender is brought into 
or found in the United States, even if the 
conduct required for the offense occurs 
outside the United States; 
‘‘(4) the offense occurs in whole or in 
part within the United States; 
‘‘(5) the offense occurs in or affects 
interstate or foreign commerce; 
‘‘(6) an offender aids or abets any per-
son over whom jurisdiction exists under 
this paragraph in committing an offense 
under subsection (a) or conspires with 
any person over whom jurisdiction exists 
under this paragraph to commit an of-
fense under subsection (a). 
‘‘(c) DEFINITIONS.—As used in this sec-
tion— 
‘‘(1) the term ‘military-type training’ 
includes training in means or methods 
that can cause death or serious bodily in-
jury, destroy or damage property, or dis-
1271 
rupt services to critical infrastructure, or 
training on the use, storage, production, 
or assembly of any explosive, firearm or 
other weapon, including any weapon of 
mass destruction (as defined in section 
2232a(c)(2)); 
‘‘(2) the term ‘serious bodily injury’ 
has the meaning given that term in sec-
tion 1365(h)(3); 
‘‘(3) the term ‘critical infrastructure’ 
means systems and assets vital to na-
tional defense, national security, eco-
nomic security, public health or safety in-
cluding both regional and national infra-
structure. Critical infrastructure may be 
publicly or privately owned; examples of 
critical infrastructure include gas and oil 
production, storage, or delivery systems, 
water 
supply 
systems, 
telecommuni-
cations networks, electrical power gen-
eration or delivery systems, financing 
and banking systems, emergency services 
(including medical, police, fire, and res-
cue services), and transportation systems
1272 
and services (including highways, mass 
transit, airlines, and airports); and 
‘‘(4) the term ‘foreign terrorist organi-
zation’ means an organization designated 
as a terrorist organization under section 
219(a)(1) of the Immigration and Nation-
ality Act.’’. 
SEC. 2043. PROVIDING MATERIAL SUPPORT TO TER-
RORISM. 
(a) ADDITIONS TO OFFENSE OF PROVIDING 
MATERIAL SUPPORT
TO TERRORISTS.—Section 
2339A(a) of title 18, United States Code, is 
amended— 
(1) by designating the first sentence 
as paragraph (1); 
(2) by designating the second sen-
tence as paragraph (3); 
(3) by inserting after paragraph (1) as 
so designated by this subsection the fol-
lowing: 
‘‘(2)(A) Whoever in a circumstance de-
scribed in subparagraph (B) provides ma-
terial support or resources or conceals or 
disguises the nature, location, source, or 
ownership of material support or re-
1273 
sources, knowing or intending that they 
are to be used in preparation for, or in 
carrying out, an act of international or 
domestic terrorism (as defined in section 
2331), or in preparation for, or in car-
rying out, the concealment or escape 
from the commission of any such act, or 
attempts or conspires to do so, shall be 
punished as provided under paragraph 
(1) for an offense under that paragraph. 
‘‘(B) The circumstances referred to in 
subparagraph (A) are any of the fol-
lowing: 
‘‘(i) The offense occurs in or af-
fects interstate or foreign commerce. 
‘‘(ii) The act of terrorism is an act 
of 
international 
or 
domestic 
ter-
rorism that violates the criminal law 
of the United States. 
‘‘(iii) The act of terrorism is an 
act of domestic terrorism that ap-
pears to be intended to influence the 
policy, or affect the conduct, of the 
Government of the United States or a 
foreign government.
1274 
‘‘(iv) An offender, acting within 
the United States or outside the terri-
torial 
jurisdiction 
of 
the 
United 
States, is a national of the United 
States 
(as 
defined 
in 
section 
101(a)(22) of the Immigration and Na-
tionality Act), an alien lawfully ad-
mitted for permanent residence in 
the United States (as defined in sec-
tion 101(a)(20) of the Immigration and 
Nationality Act), or a stateless person 
whose habitual residence is in the 
United States, and the act of ter-
rorism is an act of international ter-
rorism that appears to be intended to 
influence the policy, or affect the con-
duct, of the Government of the United 
States or a foreign government. 
‘‘(v) An offender, acting within 
the United States, is an alien, and the 
act of terrorism is an act of inter-
national terrorism that appears to be 
intended to influence the policy, or 
affect the conduct, of the Government
1275 
of the United States or a foreign gov-
ernment. 
‘‘(vi) An offender, acting outside 
the territorial jurisdiction of the 
United States, is an alien and the act 
of terrorism is an act of international 
terrorism that appears to be intended 
to influence the policy of, or affect 
the conduct of, the Government of the 
United States. 
‘‘(vii) An offender aids or abets 
any person over whom jurisdiction 
exists under this paragraph in com-
mitting an offense under this para-
graph or conspires with any person 
over whom jurisdiction exists under 
this paragraph to commit an offense 
under this paragraph.’’; and 
(4) by inserting ‘‘act or’’ after ‘‘under-
lying’’. 
(b) DEFINITIONS.—Section 2339A(b) of title 
18, United States Code, is amended— 
(1) by striking ‘‘In this’’ and inserting 
‘‘(1) In this’’;
1276 
(2) by inserting ‘‘any property, tan-
gible or intangible, or service, including’’ 
after ‘‘means’’; 
(3) by inserting ‘‘(one or more individ-
uals who may be or include oneself)’’ 
after ‘‘personnel’’; 
(4) by inserting ‘‘and’’ before ‘‘trans-
portation’’; 
(5) by striking ‘‘and other physical as-
sets’’; and 
(6) by adding at the end the fol-
lowing: 
‘‘(2) As used in this subsection, the term 
‘training’ means instruction or teaching de-
signed to impart a specific skill, as opposed to 
general knowledge, and the term ‘expert ad-
vice or assistance’ means advice or assistance 
derived from scientific, technical or other 
specialized knowledge.’’. 
(c) ADDITION TO OFFENSE OF PROVIDING MA-
TERIAL
SUPPORT
TO
TERRORIST
ORGANIZA-
TIONS.—Section 2339B(a)(1) of title 18, United 
States Code, is amended— 
(1) by striking ‘‘, within the United 
States or subject to the jurisdiction of the
1277 
United States,’’ and inserting ‘‘in a cir-
cumstance described in paragraph (2)’’ ; 
and 
(2) by adding at the end the fol-
lowing: ‘‘To violate this paragraph, a per-
son must have knowledge that the orga-
nization is a designated terrorist organi-
zation (as defined in subsection (g)(6)), 
that the organization has engaged or en-
gages in terrorist activity (as defined in 
section 212(a)(3)(B) of the Immigration 
and Nationality Act, or that the organiza-
tion has engaged or engages in terrorism 
(as defined in section 140(d)(2) of the For-
eign Relations Authorization Act, Fiscal 
Years 1988 and 1989.’’. 
(d) FEDERAL AUTHORITY.—Section 2339B(d) 
of title 18 is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘There’’; 
and 
(2) by adding at the end the fol-
lowing: 
‘‘(2) The circumstances referred to in 
paragraph (1) are any of the following:
1278 
‘‘(A) An offender is a national of the 
United States (as defined in section 
101(a)(22) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(22)) or an alien 
lawfully admitted for permanent resi-
dence in the United States (as defined in 
section 101(a)(20) of the Immigration and 
Nationality Act. 
‘‘(B) An offender is a stateless person 
whose habitual residence is in the United 
States. 
‘‘(C) After the conduct required for 
the offense occurs an offender is brought 
into or found in the United States, even if 
the conduct required for the offense oc-
curs outside the United States. 
‘‘(D) The offense occurs in whole or in 
part within the United States. 
‘‘(E) The offense occurs in or affects 
interstate or foreign commerce. 
‘‘(F) An offender aids or abets any 
person over whom jurisdiction exists 
under this paragraph in committing an 
offense under subsection (a) or conspires 
with any person over whom jurisdiction
1279 
exists under this paragraph to commit an 
offense under subsection (a).’’. 
(e) DEFINITION.—Paragraph (4) of section 
2339B(g) of title 18, United States Code, is 
amended to read as follows: 
‘‘(4) the term ‘material support or re-
sources’ has the same meaning given that 
term in section 2339A;’’. 
(f) ADDITIONAL PROVISIONS.—Section 2339B 
of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(h) PROVISION OF PERSONNEL.—No person 
may be prosecuted under this section in con-
nection with the term ‘personnel’ unless that 
person has knowingly provided, attempted to 
provide, or conspired to provide a foreign ter-
rorist organization with one or more individ-
uals (who may be or include himself) to work 
under that terrorist organization’s direction 
or control or to organize, manage, supervise, 
or otherwise direct the operation of that orga-
nization. Individuals who act entirely inde-
pendently of the foreign terrorist organiza-
tion to advance its goals or objectives shall 
not be considered to be working under the
1280 
foreign terrorist organization’s direction and 
control. 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed or applied so 
as to abridge the exercise of rights guaran-
teed under the First Amendment to the Con-
stitution of the United States.’’. 
SEC. 2044. FINANCING OF TERRORISM. 
(a) 
FINANCING
TERRORISM.—Section 
2339c(c)(2) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘, resources, or funds’’ 
and inserting ‘‘or resources, or any funds 
or proceeds of such funds’’; 
(2) in subparagraph (A), by striking 
‘‘were provided’’ and inserting ‘‘are to be 
provided, or knowing that the support or 
resources were provided,’’; and 
(3) in subparagraph (B)— 
(A) by striking ‘‘or any proceeds 
of such funds’’; and 
(B) by striking ‘‘were provided or 
collected’’ and inserting ‘‘are to be 
provided or collected, or knowing
1281 
that the funds were provided or col-
lected,’’. 
(b) DEFINITIONS.—Section 2339c(e) of title 
18, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of 
paragraph (12); 
(2) by redesignating paragraph (13) as 
paragraph (14); and 
(3) by inserting after paragraph (12) 
the following: 
‘‘(13) the term ‘material support or re-
sources’ has the same meaning given that 
term in section 2339B(g)(4) of this title; 
and’’. 
Subtitle D—Weapons of Mass De-
struction Prohibition Improve-
ment Act of 2004 
SEC. 2051. SHORT TITLE. 
This subtitle may be cited as the ‘‘Weap-
ons of Mass Destruction Prohibition Improve-
ment Act of 2004’’. 
SEC. 2052. WEAPONS OF MASS DESTRUCTION. 
(a) EXPANSION
OF JURISDICTIONAL BASES 
AND SCOPE.—Section 2332a of title 18, United 
States Code, is amended—
1282 
(1) so that paragraph (2) of subsection 
(a) reads as follows: 
‘‘(2) against any person or property 
within the United States, and 
‘‘(A) the mail or any facility of 
interstate or foreign commerce is 
used in furtherance of the offense; 
‘‘(B) such property is used in 
interstate or foreign commerce or in 
an activity that affects interstate or 
foreign commerce; 
‘‘(C) any perpetrator travels in or 
causes another to travel in interstate 
or foreign commerce in furtherance 
of the offense; or 
‘‘(D) the offense, or the results of 
the offense, affect interstate or for-
eign commerce, or, in the case of a 
threat, attempt, or conspiracy, would 
have affected interstate or foreign 
commerce;’’; 
(2) in paragraph (3) of subsection (a), 
by striking the comma at the end and in-
serting ‘‘; or’’;
1283 
(3) in subsection (a), by adding the 
following at the end: 
‘‘(4) against any property within the 
United States that is owned, leased, or 
used by a foreign government,’’; 
(4) at the end of subsection (c)(1), by 
striking ‘‘and’’; 
(5) in subsection (c)(2), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(6) in subsection (c), by adding at the 
end the following: 
‘‘(3) the term ‘property’ includes all 
real and personal property.’’. 
(b) RESTORATION
OF
THE
COVERAGE
OF 
CHEMICAL WEAPONS.—Section 2332a of title 18, 
United States Code, as amended by subsection 
(a), is further amended— 
(1) in the section heading, by striking 
‘‘certain’’; 
(2) in subsection (a), by striking 
‘‘(other than a chemical weapon as that 
term is defined in section 229F)’’; and
1284 
(3) in subsection (b), by striking 
‘‘(other than a chemical weapon (as that 
term is defined in section 229F))’’. 
(c) EXPANSION
OF
CATEGORIES
OF
RE-
STRICTED PERSONS SUBJECT
TO PROHIBITIONS 
RELATING
TO
SELECT
AGENTS.—Section 
175b(d)(2) of title 18, United States Code, is 
amended— 
(1) in subparagraph (G) by— 
(A) inserting ‘‘(i)’’ after ‘‘(G)’’; 
(B) inserting ‘‘, or (ii) acts for or 
on behalf of, or operates subject to 
the direction or control of, a govern-
ment or official of a country de-
scribed in this subparagraph’’ after 
‘‘terrorism’’; and 
(C) striking ‘‘or’’ after the semi-
colon. 
(2) in subparagraph (H) by striking 
the period and inserting ‘‘; or’’; and 
(3) by adding at the end the following 
new subparagraph: 
‘‘(I) is a member of, acts for or on 
behalf of, or operates subject to the 
direction or control of, a terrorist or-
1285 
ganization 
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 REGULA-
TIONS.— 
(1) Section 175b(a)(1) of title 18, 
United States Code, is amended by strik-
ing ‘‘as a select agent in Appendix A’’ and 
all that follows and inserting the fol-
lowing: ‘‘as a non-overlap or overlap se-
lect biological agent or toxin in sections 
73.4 and 73.5 of title 42, Code of Federal 
Regulations, pursuant to section 351A of 
the Public Health Service Act, and is not 
excluded under sections 73.4 and 73.5 or 
exempted under section 73.6 of title 42, 
Code of Federal Regulations.’’. 
(2) The amendment made by para-
graph (1) shall take effect at the same 
time that sections 73.4, 73.5, and 73.6 of 
title 42, Code of Federal Regulations, be-
come effective.
1286 
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 strik-
ing ‘‘in the production of any special nuclear 
material’’ and inserting ‘‘or participate in the 
development or production of any special nu-
clear material or atomic weapon’’. 
(b) Title 18, United States Code, is amend-
ed— 
(1) in the table of sections at the be-
ginning of chapter 39, by inserting after 
the item relating to section 831 the fol-
lowing: 
‘‘832. Participation in nuclear and weapons of mass destruction 
threats to the United States.’’; 
(2) by inserting after section 831 the 
following: 
‘‘§ 832. Participation in nuclear and weapons of mass 
destruction threats to the United States 
‘‘(a) Whoever, within the United States or 
subject to the jurisdiction of the United 
States, willfully participates in or provides 
material support or resources (as defined in 
section 2339A) to a nuclear weapons program
1287 
or other weapons of mass destruction pro-
gram of a foreign terrorist power, or attempts 
or conspires to do so, shall be imprisoned for 
not more than 20 years. 
‘‘(b) There is extraterritorial Federal ju-
risdiction over an offense under this section. 
‘‘(c) As used in this section— 
‘‘(1) ‘nuclear weapons program’ means 
a program or plan for the development, 
acquisition, or production of any nuclear 
weapon or weapons; 
‘‘(2) ‘weapons of mass destruction pro-
gram’ means a program or plan for the 
development, acquisition, or production 
of any weapon or weapons of mass de-
struction (as defined in section 2332a(c)); 
‘‘(3) ‘foreign terrorist power’ means a 
terrorist organization designated under 
section 219 of the Immigration and Na-
tionality Act, or a state sponsor of ter-
rorism designated under section 6(j) of 
the Export Administration Act of 1979 or 
section 620A of the Foreign Assistance 
Act of 1961; and
1288 
‘‘(4) 
‘nuclear 
weapon’ 
means 
any 
weapon that contains or uses nuclear ma-
terial as defined in section 831(f)(1).’’; and 
(3) in section 2332b(g)(5)(B)(i), by in-
serting after ‘‘nuclear materials),’’ the fol-
lowing: ‘‘832 (relating 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 ‘‘AP-
PROPRIATIONS.— 
‘‘(1) IN
GENERAL.—There are author-
ized’’; and 
(2) by adding at the end the following 
new paragraph: 
‘‘(2) AUTHORIZATION FOR FUNDING KEY 
TECHNOLOGICAL IMPROVEMENTS IN MISSION-
1289 
CRITICAL FINCEN SYSTEMS.—There are au-
thorized to be appropriated for fiscal 
year 2005 the following amounts, which 
are authorized to remain available until 
expended: 
‘‘(A) 
BSA 
DIRECT.—For 
techno-
logical improvements to provide au-
thorized law enforcement and finan-
cial regulatory agencies with Web- 
based access to FinCEN data, to fully 
develop and implement the highly se-
cure network required under section 
362 of Public Law 107–56 to expedite 
the filing of, and reduce the filing 
costs for, financial institution reports, 
including suspicious activity reports, 
collected by FinCEN under chapter 
53 and related provisions of law, and 
enable FinCEN to immediately alert 
financial 
institutions 
about 
sus-
picious activities that warrant imme-
diate and enhanced scrutiny, and to 
provide and upgrade advanced infor-
mation-sharing technologies to mate-
rially improve the Government’s abil-
1290 
ity to exploit the information in the 
FinCEN databanks $16,500,000. 
‘‘(B) ADVANCED
ANALYTICAL
TECH-
NOLOGIES.—To provide advanced ana-
lytical tools needed to ensure that the 
data 
collected 
by 
FinCEN 
under 
chapter 53 and related provisions of 
law are utilized fully and appro-
priately in safeguarding financial in-
stitutions and supporting the war on 
terrorism, $5,000,000. 
‘‘(C) DATA NETWORKING MODERNIZA-
TION.—To improve the telecommuni-
cations infrastructure to support the 
improved capabilities 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 FINANCIAL CRIMES AND TERRORISM.— 
To provide development of, and train-
ing in the use of, technology to detect 
and prevent financial crimes and ter-
1291 
rorism 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 strik-
ing ‘‘and 2003,’’ and inserting ‘‘2003, and 
2005,’’. 
(b) 
REAUTHORIZATION
OF
APPROPRIA-
TIONS.—Section 5355 of title 31, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘Fiscal year 2004 .........................................................
$15,000,000
Fiscal year 2005 ..........................................................
$15,000,000’’. 
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 Corrections Act of 
2004’’.
1292 
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 relat-
ing to title III and inserting the following new 
item: 
‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATE-
MENT AND FINANCIAL ANTITERRORISM ACT OF 2001’’. 
(c) Section 302 of Public Law 107–56 is 
amended— 
(1) in subsection (a)(4), by striking 
the comma after ‘‘movement of criminal 
funds’’; 
(2) in subsection (b)(7), by inserting 
‘‘or types of accounts’’ after ‘‘classes of 
international transactions’’; and 
(3) in subsection (b)(10), by striking 
‘‘subchapters II and III’’ and inserting 
‘‘subchapter II’’.
1293 
(d) Section 303(a) of Public Law 107–56 is 
amended by striking ‘‘Anti-Terrorist Financ-
ing 
Act’’ 
and 
inserting 
‘‘Financial 
Antiterrorism Act’’. 
(e) The heading for section 311 of Public 
Law 107–56 is amended by striking ‘‘OR INTER-
NATIONAL TRANSACTIONS’’ and inserting ‘‘INTER-
NATIONAL
TRANSACTIONS, 
OR
TYPES
OF
AC-
COUNTS’’. 
(f) Section 314 of Public Law 107–56 is 
amended— 
(1) in paragraph (1)— 
(A) by inserting a comma after 
‘‘organizations engaged in’’; and 
(B) by inserting a comma after 
‘‘credible evidence of engaging in’’; 
(2) in paragraph (2)(A)— 
(A) by striking ‘‘and’’ after ‘‘non-
governmental organizations,’’; and 
(B) by inserting a comma after 
‘‘unwittingly 
involved 
in 
such 
fi-
nances’’; 
(3) in paragraph (3)(A)—
1294 
(A) by striking ‘‘to monitor ac-
counts of’’ and inserting ‘‘monitor ac-
counts of,’’; and 
(B) by striking the comma after 
‘‘organizations identified’’; and 
(4) in paragraph (3)(B), by inserting 
‘‘financial’’ after ‘‘size, and nature of the’’. 
(g) Section 321 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 period after ‘‘December 31, 
2001’’ and striking all that follows through the 
period at the end of each such subsection. 
(j) Section 356(c)(4) of Public Law 107–56 
is amended by striking ‘‘or business or other 
grantor trust’’ and inserting ‘‘, business trust, 
or other grantor trust’’. 
(k) Section 358(e) of Public Law 107–56 is 
amended—
1295 
(1) by striking ‘‘Section 123(a)’’ and 
inserting ‘‘That portion of section 123(a)’’; 
(2) by striking ‘‘is amended to read’’ 
and inserting ‘‘that precedes paragraph 
(1) of such section is amended to read’’; 
and 
(3) 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 institutions’’ and inserting ‘‘at such 
institution’’. 
(m) Section 362(a)(1) of Public Law 107–56 
is amended by striking ‘‘subchapter II or III’’ 
and inserting ‘‘subchapter II’’. 
(n) Section 365 of Public Law 107–56 is 
amended— 
(1) by redesignating the 2nd of the 2 
subsections designated as subsection (c) 
(relating to a clerical amendment) as sub-
section (d); and
1296 
(2) by redesignating subsection (f) as 
subsection (e). 
(o) Section 365(d) of Public Law 107–56 (as 
so redesignated by subsection (n) of this sec-
tion) is amended by striking ‘‘section 5332 (as 
added by section 112 of this title)’’ and insert-
ing ‘‘section 5330’’. 
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 ‘‘DEFI-
NITIONS’’.
1297 
(d) Section 5318(k)(1)(B) of title 31, United 
States Code, is amended by striking ‘‘section 
5318A(f)(1)(B)’’ 
and 
inserting 
‘‘section 
5318A(e)(1)(B)’’. 
(e) The heading for section 5318A of title 
31, United States Code, is amended to read as 
follows: 
‘‘§ 5318A Special measures for jurisdictions, financial 
institutions, international transactions, 
or types of accounts of primary money 
laundering concern’’. 
(f) Section 5318A of title 31, United States 
Code, is amended— 
(1) in subsection (a)(4)(A), by striking 
‘‘, as defined in section 3 of the Federal 
Deposit Insurance Act,’’ and inserting 
‘‘(as defined in section 3 of the Federal 
Deposit Insurance Act)’’; 
(2) in subsection (a)(4)(B)(iii), by 
striking ‘‘or class of transactions’’ and in-
serting ‘‘class of transactions, or type of 
account’’; 
(3) in subsection (b)(1)(A), by striking 
‘‘or class of transactions to be’’ and in-
1298 
serting ‘‘class of transactions, or type of 
account to be’’; and 
(4) in subsection (e)(3), by inserting 
‘‘or subsection (i) or (j) of section 5318’’ 
after ‘‘identification of individuals under 
this section’’. 
(g) Section 5324(b) of title 31, United 
States Code, is amended by striking ‘‘5333’’ 
each place such term appears and inserting 
‘‘5331’’. 
(h) Section 5332 of title 31, United States 
Code, is amended— 
(1) in subsection (b)(2), by striking 
‘‘, subject to subsection (d) of this sec-
tion’’; and 
(2) in subsection (c)(1), by striking 
‘‘, subject to subsection (d) of this sec-
tion,’’. 
(i) The table of sections for subchapter II 
of chapter 53 of title 31, United States Code, 
is amended by striking the item relating to 
section 5318A and inserting the following new 
item: 
‘‘5318A. Special measures for jurisdictions, financial institu-
tions, international transactions, or types of ac-
counts of primary money laundering concern.’’.
1299 
(j) Section 18(w)(3) of the Federal Deposit 
Insurance Act (12 U.S.C. 1828(w)(3)) is amend-
ed by inserting a comma after ‘‘agent of such 
institution’’. 
(k) Section 21(a)(2) of the Federal Deposit 
Insurance Act (12 U.S.C. 1829b(a)(2)) is 
amended by striking ‘‘recognizes that’’ and in-
serting ‘‘recognizing that’’. 
(l) Section 626(e) of the Fair Credit Re-
porting Act (15 U.S.C. 1681v(e)) is amended by 
striking ‘‘governmental agency’’ and inserting 
‘‘government agency’’. 
SEC. 2114. REPEAL OF REVIEW. 
Title III of Public Law 107–56 is amended 
by striking 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 Insurance Act, and any 
other provision of law shall take effect as if 
such amendments had been included in Pub-
lic Law 107–56, as of the date of the enactment 
of such Public Law, and no amendment made 
by such Public Law that is inconsistent with
1300 
an amendment made by this subtitle shall be 
deemed to have taken effect. 
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 (relat-
ing to engraving and printing currency and 
security documents), is amended— 
(1) by striking ‘‘(a) The Secretary of 
the Treasury’’ and inserting: 
‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.— 
‘‘(1) IN GENERAL.—The Secretary of the 
Treasury’’; and 
(2) by adding at the end the following 
new paragraphs: 
‘‘(2) ENGRAVING
AND
PRINTING
FOR 
OTHER
GOVERNMENTS.—The Secretary of 
the Treasury may produce currency, 
postage stamps, and other security docu-
ments for foreign governments if— 
‘‘(A) the Secretary of the Treasury 
determines that such production will 
not interfere with engraving and
1301 
printing needs of the United States; 
and 
‘‘(B) the Secretary of State deter-
mines that such production would be 
consistent with the foreign policy of 
the United States. 
‘‘(3) PROCUREMENT
GUIDELINES.—Arti-
cles, material, and supplies procured for 
use in the production of currency, post-
age stamps, and other security docu-
ments for foreign governments pursuant 
to paragraph (2) shall be treated in the 
same manner as articles, material, and 
supplies procured for public use within 
the United States for purposes of title III 
of the Act of March 3, 1933 (41 U.S.C. 10a 
et seq.; commonly referred to as the Buy 
American Act).’’. 
(b) REIMBURSEMENT.—Section 5143 of title 
31, United States Code (relating to payment 
for services of the Bureau of Engraving and 
Printing), is amended— 
(1) in the first sentence, by inserting 
‘‘or to a foreign government under sec-
tion 5114’’ after ‘‘agency’’;
1302 
(2) in the second sentence, by insert-
ing ‘‘and other’’ after ‘‘including adminis-
trative’’; and 
(3) in the last sentence, by inserting 
‘‘, and the Secretary shall take such ac-
tion, in coordination with the Secretary 
of State, as may be appropriate to ensure 
prompt payment by a foreign government 
of any invoice or statement of account 
submitted by the Secretary with respect 
to services rendered under section 5114’’ 
before the period at the end. 
SEC. 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 possession any 
plate’’ the following: 
‘‘Whoever, with intent to defraud, has in 
his custody, control, or possession any mate-
rial that can be used to make, alter, forge or 
counterfeit any obligations and other securi-
ties of the United States or any part of such 
securities and obligations, except under the
1303 
authority of the Secretary of the Treasury; 
or’’. 
(b) FOREIGN
OBLIGATIONS
AND
SECURI-
TIES.—Section 481 of title 18, United States 
Code, is amended by inserting after the para-
graph beginning ‘‘Whoever, with intent to de-
fraud’’ the following: 
‘‘Whoever, with intent to defraud, has in 
his custody, control, or possession any mate-
rial 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 strik-
ing ‘‘or 474’’ and inserting ‘‘474, or 474A’’. 
(d) MATERIALS USED IN COUNTERFEITING.— 
Section 474A(b) of title 18, United States Code, 
is amended by striking ‘‘any essentially iden-
tical’’ and inserting ‘‘any thing or material 
made after or in the similitude of any’’.
1304 
Subtitle F—Criminal History 
Background Checks 
SEC. 2141. SHORT TITLE. 
This subtitle may be cited as the ‘‘Crimi-
nal History Access Means Protection of Infra-
structures and Our Nation’’. 
SEC. 2142. CRIMINAL HISTORY INFORMATION CHECKS. 
(a) IN GENERAL.—Section 534 of title 28, 
United States Code, is amended by adding at 
the end the following: 
‘‘(f)(1) Under rules prescribed by the At-
torney General, the Attorney General shall es-
tablish and maintain a system for providing 
to an employer criminal history information 
that— 
‘‘(A) is in the possession of the Attor-
ney General; and 
‘‘(B) is requested by an employer as 
part of an employee criminal history in-
vestigation that has been authorized by 
the State where the employee works or 
where the employer has their principal 
place of business;
1305 
in order to ensure that a prospective em-
ployee is suitable for certain employment po-
sitions. 
‘‘(2) The Attorney General shall require 
that an employer seeking criminal history in-
formation of an employee request such infor-
mation and submit fingerprints or other bio-
metric identifiers as approved by the Attor-
ney General to provide a positive and reliable 
identification of such prospective employee. 
‘‘(3) The Director of the Federal Bureau of 
Investigation 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 Integrated Fingerprint Iden-
tification System of the Federal Bureau of In-
vestigation (IAFIS) check and provide the re-
sults of such check to the requester. 
‘‘(5) As used in this subsection, 
‘‘(A) the term ‘criminal history infor-
mation’ and ‘criminal history records’ in-
cludes— 
‘‘(i) an identifying description of 
the individual to whom it pertains;
1306 
‘‘(ii) notations of arrests, deten-
tions, indictments, or other formal 
criminal charges pertaining to such 
individual; and 
‘‘(iii) any disposition to a notation 
revealed in subparagraph (B), includ-
ing acquittal, sentencing, correctional 
supervision, or release. 
‘‘(B) the term ‘Integrated Automated 
Fingerprint Identification System of the 
Federal Bureau of Investigation (IAFIS)’ 
means the national depository for finger-
print, biometric, and criminal history in-
formation, through which fingerprints 
are processed electronically. 
‘‘(6) Nothing in this subsection shall pre-
clude the Attorney General from authorizing 
or requiring criminal history record checks 
on individuals employed or seeking employ-
ment in positions vital to the Nation’s critical 
infrastructure 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)).’’.
1307 
(b) REPORT TO CONGRESS.— 
(1) IN
GENERAL.—Not later than 120 
days after the date of the enactment of 
this Act, the Attorney General shall re-
port to the appropriate committees of 
Congress regarding all statutory require-
ments for criminal history record checks 
that are required to be conducted by the 
Department of Justice or any of its com-
ponents. 
(2) IDENTIFICATION OF INFORMATION.— 
The Attorney General shall identify the 
number of records requested, including 
the type of information requested, usage 
of different terms and definitions regard-
ing criminal history information, and the 
variation in fees charged for such infor-
mation and who pays such fees. 
(3) RECOMMENDATIONS.—The Attorney 
General shall make recommendations for 
consolidating the existing procedures 
into a unified procedure consistent with 
that provided in section 534(f) of title 28, 
United States Code, as amended by this 
subtitle.
1308 
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.—Sec-
tion 44903(h) of title 49, United States Code, 
is amended— 
(1) in paragraph (4)(E) by striking 
‘‘may provide for’’ and inserting ‘‘shall 
issue, not later than 120 days after the 
date of enactment of paragraph (5), guid-
ance for’’; and 
(2) by adding at the end the fol-
lowing: 
‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN 
AIRPORT
ACCESS
CONTROL
SYSTEMS.—In 
issuing guidance under paragraph (4)(E), 
the Assistant Secretary of Homeland Se-
curity (Transportation Security Adminis-
tration), in consultation with representa-
tives of the aviation industry, the bio-
metrics industry, and the National Insti-
tute of Standards and Technology, shall 
establish, at a minimum—
1309 
‘‘(A) comprehensive technical and 
operational system requirements and 
performance standards for the use of 
biometrics in airport access control 
systems (including airport perimeter 
access control systems) to ensure that 
the biometric systems are effective, 
reliable, and secure; 
‘‘(B) a list of products and ven-
dors that meet such requirements 
and standards; 
‘‘(C) procedures for implementing 
biometric systems— 
‘‘(i) to ensure that individuals 
do not use an assumed identity to 
enroll in a biometric system; and 
‘‘(ii) to resolve failures to en-
roll, false matches, and false non- 
matches; and 
‘‘(D) 
best 
practices 
for 
incor-
porating biometric technology into 
airport access control systems in the 
most effective manner, including a 
process to best utilize existing airport 
access control systems, facilities, and
1310 
equipment and existing data net-
works connecting airports. 
‘‘(6) USE
OF
BIOMETRIC
TECHNOLOGY 
FOR LAW ENFORCEMENT OFFICER TRAVEL.— 
‘‘(A) IN GENERAL.—Not later than 
120 days after the date of enactment 
of this paragraph, the Assistant Sec-
retary shall— 
‘‘(i) establish a law enforce-
ment officer travel credential that 
incorporates biometrics and is 
uniform across all Federal, State, 
and local government law en-
forcement agencies; 
‘‘(ii) establish a process by 
which the travel credential will 
be used to verify the identity of a 
Federal, State, or local govern-
ment 
law 
enforcement 
officer 
seeking to carry a weapon on 
board an aircraft, without unnec-
essarily disclosing to the public 
that the individual is a law en-
forcement officer; 
‘‘(iii) establish procedures—
1311 
‘‘(I) to ensure that only 
Federal, State, and local gov-
ernment law enforcement offi-
cers are issued the travel cre-
dential; 
‘‘(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 author-
ized for use; 
‘‘(iv) begin issuance of the 
travel credential to each Federal, 
State, and local government law 
enforcement officer authorized by 
the Assistant Secretary to carry a 
weapon on board an aircraft; and 
‘‘(v) take such other actions 
with respect to the travel creden-
tial as the Secretary considers ap-
propriate.
1312 
‘‘(B) FUNDING.—There are author-
ized to be appropriated such sums as 
may be necessary to carry out this 
paragraph. 
‘‘(7) DEFINITIONS.—In this subsection, 
the following definitions apply: 
‘‘(A) BIOMETRIC INFORMATION.—The 
term ‘biometric information’ means 
the distinct physical or behavioral 
characteristics that are used for iden-
tification, or verification of the iden-
tity, of an individual. 
‘‘(B) BIOMETRICS.—The term ‘bio-
metrics’ means a technology that en-
ables the automated identification, or 
verification of the identity, of an indi-
vidual based on biometric informa-
tion. 
‘‘(C) 
FAILURE
TO
ENROLL.—The 
term ‘failure to enroll’ means the in-
ability of an individual to enroll in a 
biometric system due to an insuffi-
ciently distinctive biometric sample, 
the lack of a body part necessary to 
provide the biometric sample, a sys-
1313 
tem design that makes it difficult to 
provide consistent biometric informa-
tion, or other factors. 
‘‘(D) 
FALSE
MATCH.—The 
term 
‘false match’ means the incorrect 
matching of one individual’s biomet-
ric information to another individ-
ual’s biometric information by a bio-
metric system. 
‘‘(E) FALSE NON-MATCH.—The term 
‘false non-match’ means the rejection 
of a valid identity by a biometric sys-
tem. 
‘‘(F) SECURE AREA OF AN AIRPORT.— 
The term ‘secure area of an airport’ 
means the sterile area and the Secure 
Identification Display Area of an air-
port (as such terms are defined in 
section 1540.5 of title 49, Code of Fed-
eral Regulations, or any successor 
regulation to such section).’’. 
(b) FUNDING FOR USE OF BIOMETRIC TECH-
NOLOGY
IN
AIRPORT
ACCESS
CONTROL
SYS-
TEMS.—
1314 
(1) 
GRANT
AUTHORITY.—Section 
44923(a)(4) of title 49, United States Code, 
is amended— 
(A) by striking ‘‘and’’ at the end of 
paragraph (3); 
(B) by redesignating paragraph 
(4) as paragraph (5); and 
(C) by inserting after paragraph 
(3) the following: 
‘‘(4) for projects to implement biomet-
ric technologies in accordance with guid-
ance issued under section 44903(h)(4)(E); 
and’’. 
(2) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—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 fiscal year 
2004, $345,000,000 for fiscal year 2005, and 
$250,000,000 for each of fiscal years 2006 
and 2007’’. 
SEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLAN-
NING. 
Section 44904 of title 49, United States 
Code, is amended—
1315 
(1) by redesignating subsection (c) as 
subsection (e); and 
(2) by inserting after subsection (b) 
the following: 
‘‘(c) TRANSPORTATION SECURITY STRATEGIC 
PLANNING.— 
‘‘(1) IN
GENERAL.—The Secretary of 
Homeland Security shall prepare and up-
date, as needed, a transportation sector 
specific plan and transportation modal 
security plans in accordance with this 
section. 
‘‘(2) CONTENTS.—At a minimum, the 
modal security plan for aviation pre-
pared under paragraph (1) shall— 
‘‘(A) set risk-based priorities for 
defending aviation assets; 
‘‘(B) select the most practical and 
cost-effective methods for defending 
aviation assets; 
‘‘(C) assign roles and missions to 
Federal, State, regional, and local au-
thorities and to stakeholders; 
‘‘(D) establish a damage mitiga-
tion and recovery plan for the avia-
1316 
tion system in the event of a terrorist 
attack; and 
‘‘(E) include a threat matrix docu-
ment that outlines each threat to the 
United States civil aviation system 
and the corresponding layers of secu-
rity 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 Committee 
on Transportation and Infrastructure of 
the House of Representatives and the 
Committee on Commerce, Science, and 
Transportation of the Senate 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 subsection (c)(3), the Assist-
ant Secretary of Homeland Security (Trans-
portation Security Administration) shall issue 
operational criteria to protect airport infra-
1317 
structure and operations against the threats 
identified in the plans prepared under sub-
section (c)(1) and shall approve best practices 
guidelines for airport assets.’’. 
SEC. 
2173. 
NEXT 
GENERATION 
AIRLINE 
PASSENGER 
PRESCREENING. 
(a) IN
GENERAL.—Section 44903(j)(2) of 
title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(C) NEXT GENERATION AIRLINE PAS-
SENGER PRESCREENING.— 
‘‘(i) COMMENCEMENT
OF
TEST-
ING.—Not later than November 1, 
2004, the Assistant Secretary of 
Homeland 
Security 
(Transpor-
tation Security Administration), 
or the designee of the Assistant 
Secretary, shall commence testing 
of a next generation passenger 
prescreening 
system 
that 
will 
allow the Department of Home-
land Security to assume the per-
formance of comparing passenger 
name records to the automatic se-
lectee and no fly lists, utilizing all
1318 
appropriate records in the con-
solidated and integrated terrorist 
watchlist maintained by the Fed-
eral Government. 
‘‘(ii) 
ASSUMPTION
OF
FUNC-
TION.—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 per-
formance 
of 
the 
passenger 
prescreening 
function 
of 
com-
paring passenger name records to 
the automatic selectee and no fly 
lists and utilize all appropriate 
records in the consolidated and 
integrated 
terrorist 
watchlist 
maintained by the Federal Gov-
ernment in performing that func-
tion. 
‘‘(iii) 
REQUIREMENTS.—In 
as-
suming performance of the func-
tion under clause (i), the Assist-
ant Secretary shall—
1319 
‘‘(I) establish a procedure 
to enable airline passengers, 
who are delayed or prohibited 
from boarding a flight be-
cause 
the 
next 
generation 
passenger prescreening sys-
tem 
determined 
that 
they 
might pose a security threat, 
to appeal such determination 
and correct information con-
tained in the system; 
‘‘(II) ensure that Federal 
Government 
databases 
that 
will be used to establish the 
identity of a passenger under 
the system will not produce a 
large 
number 
of 
false 
positives; 
‘‘(III) establish an internal 
oversight board to oversee 
and monitor the manner in 
which the system is being im-
plemented; 
‘‘(IV) establish sufficient 
operational safeguards to re-
1320 
duce the opportunities for 
abuse; 
‘‘(V) implement substan-
tial security measures to pro-
tect the system from unau-
thorized access; 
‘‘(VI) adopt policies estab-
lishing effective oversight of 
the use and operation of the 
system; and 
‘‘(VII) ensure that there 
are no specific privacy con-
cerns with the technological 
architecture of the system. 
‘‘(iv) 
PASSENGER
NAME 
RECORDS.—Not later than 60 days 
after the completion 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 passenger name 
records needed to begin imple-
menting the next generation pas-
senger prescreening system.
1321 
‘‘(D) 
SCREENING
OF
EMPLOYEES 
AGAINST
WATCHLIST.—The 
Assistant 
Secretary 
of 
Homeland 
Security 
(Transportation Security Administra-
tion), in coordination with the Sec-
retary of Transportation and the Ad-
ministrator of the Federal Aviation 
Administration, shall ensure that in-
dividuals are screened against all ap-
propriate records in the consolidated 
and 
integrated 
terrorist 
watchlist 
maintained by the Federal Govern-
ment before— 
‘‘(i) being certificated by the 
Federal Aviation Administration; 
‘‘(ii) being issued a credential 
for access to the secure area of an 
airport; or 
‘‘(iii) being issued a credential 
for access to the air operations 
area (as defined in section 1540.5 
of title 49, Code of Federal Regu-
lations, or any successor regula-
tion to such section) of an airport.
1322 
‘‘(E) APPEAL PROCEDURES.—The As-
sistant Secretary shall establish a 
timely and fair process for individ-
uals identified as a threat under sub-
paragraph (D) to appeal the deter-
mination and correct any erroneous 
information. 
‘‘(F) DEFINITION.—In this para-
graph, the term ‘secure area of an air-
port’ means the sterile area and the 
Secure Identification Display Area of 
an airport (as such terms are defined 
in section 1540.5 of title 49, Code of 
Federal Regulations, or any successor 
regulation to such section).’’. 
(b) GAO REPORT.— 
(1) IN
GENERAL.—Not later than 90 
days after the date on which the Assist-
ant 
Secretary 
of 
Homeland 
Security 
(Transportation Security Administration) 
assumes performance of the passenger 
prescreening 
function 
under 
section 
44903(j)(2)(C)(ii) of title 49, United States 
Code, the Comptroller General shall sub-
mit to the appropriate congressional
1323 
committees a report on the assumption 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 avia-
tion passengers, determined to pose a 
threat and either delayed or prohib-
ited from boarding their scheduled 
flights by the Transportation Security 
Administration, may appeal such a 
decision and correct erroneous infor-
mation; 
(B) the sufficiency of identifying 
information contained in passenger 
name records and any government 
databases for ensuring that a large 
number of false positives will not re-
sult under the next generation pas-
senger prescreening system in a sig-
nificant number of passengers being 
treated as a threat mistakenly or in 
security resources being diverted;
1324 
(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 De-
partment of Homeland Security to 
monitor the next generation pas-
senger prescreening system; 
(E) whether sufficient operational 
safeguards have been established to 
prevent the opportunities for abuse 
of the system; 
(F) whether substantial security 
measures are in place to protect the 
passenger 
prescreening 
database 
from unauthorized access; 
(G) whether policies have been 
adopted for the effective oversight of 
the use and operation of the system; 
(H) whether specific privacy con-
cerns still exist with the system; and 
(I) whether appropriate life cycle 
cost estimates have been developed,
1325 
and a benefit and cost analysis has 
been performed, for the system. 
SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETEC-
TION EQUIPMENT AT AIRPORT SCREENING 
CHECKPOINTS. 
(a) NONMETALLIC
WEAPONS
AND
EXPLO-
SIVES.—In order to improve security, the As-
sistant 
Secretary 
of 
Homeland 
Security 
(Transportation 
Security 
Administration) 
shall give priority to developing, testing, im-
proving, and deploying technology at screen-
ing checkpoints at airports that will detect 
nonmetallic weapons and explosives on the 
person of individuals, in their clothing, or in 
their carry-on baggage or personal property 
and shall ensure that the equipment alone, or 
as part of an integrated system, can detect 
under realistic operating conditions the types 
of 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.—
1326 
(1) IN
GENERAL.—Not later than 90 
days after the date of enactment of this 
Act, the Assistant Secretary shall trans-
mit to the appropriate congressional 
committees a strategic plan to promote 
the optimal utilization and deployment of 
explosive detection systems at airports to 
screen individuals and their carry-on 
baggage or personal property, including 
walk-through explosive detection portals, 
document scanners, shoe scanners, and 
any other explosive detection equipment 
for use at a screening checkpoint. The 
plan may be transmitted in a classified 
format. 
(2) 
CONTENTS.—The 
strategic 
plan 
shall include descriptions of the oper-
ational applications of explosive detec-
tion 
equipment 
at 
airport 
screening 
checkpoints, a deployment schedule and 
quantities of equipment needed to imple-
ment the plan, and funding needs for im-
plementation of the plan, including a fi-
nancing plan that provides for leveraging 
non-Federal funding.
1327 
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 Se-
curity (Transportation Security Administra-
tion) shall carry out a pilot program to evalu-
ate the use of blast-resistant containers for 
cargo and baggage on passenger aircraft to 
minimize the potential effects of detonation of 
an explosive device. 
(b) INCENTIVES FOR PARTICIPATION IN PILOT 
PROGRAM.— 
(1) IN GENERAL.—As part of the pilot 
program, the Assistant Secretary shall 
provide incentives to air carriers to vol-
unteer to test the use of blast-resistant 
containers for cargo and baggage on pas-
senger aircraft. 
(2) APPLICATIONS.—To volunteer to 
participate in the incentive program, an 
air carrier shall submit to the Assistant 
Secretary an application that is in such 
form and contains such information as 
the Assistant Secretary requires.
1328 
(3) TYPES
OF
ASSISTANCE.—Assistance 
provided by the Assistant Secretary to air 
carriers that volunteer to participate in 
the pilot program shall include the use of 
blast-resistant containers and financial 
assistance to cover increased costs to the 
carriers 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 Assist-
ant Secretary shall submit to appropriate con-
gressional 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 expended. 
SEC. 2176. AIR CARGO SCREENING TECHNOLOGY. 
The Transportation Security Administra-
tion shall develop technology to better iden-
tify, track, and screen air cargo.
1329 
SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE 
DETECTION. 
Section 44940 of title 49, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(i) 
CHECKPOINT
SCREENING
SECURITY 
FUND.— 
‘‘(1) ESTABLISHMENT.—There is estab-
lished in the Department of Homeland 
Security a fund to be known as the 
‘Checkpoint Screening Security Fund’. 
‘‘(2) DEPOSITS.—In each of fiscal years 
2005 and 2006, after amounts are made 
available under section 44923(h), the next 
$30,000,000 derived from fees received 
under subsection (a)(1) shall be available 
to be deposited in the Fund. 
‘‘(3) FEES.—The Secretary of Home-
land Security shall impose the fee author-
ized 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, deployment, and instal-
lation of equipment to improve the abil-
1330 
ity of security screening personnel at 
screening checkpoints to detect explo-
sives.’’. 
SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT. 
(a) PILOT PROGRAM.—The Transportation 
Security Administration shall develop, not 
later than 120 days after the date of enact-
ment of this Act, and conduct a pilot program 
to test, integrate, and deploy next generation 
security checkpoint screening technology at 
not less than 5 airports in the United States. 
(b) HUMAN FACTOR STUDIES.— The Admin-
istration shall conduct human factors studies 
to improve screener performance as part of 
the pilot program under subsection (a). 
SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT 
DOOR. 
(a) CIVIL PENALTY.—Section 46301(a) of 
title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(6) PENALTY FOR FAILURE TO SECURE 
FLIGHT DECK DOOR.—Any person holding a 
part 119 certificate under part of title 14, 
Code of Federal Regulations, is liable to 
the Government for a civil penalty of not
1331 
more than $25,000 for each violation, by 
the pilot in command of an aircraft 
owned or operated by such person, of any 
Federal regulation that requires that the 
flight deck door be closed and locked 
when the aircraft is being operated.’’. 
(b) TECHNICAL CORRECTIONS.— 
(1) COMPROMISE AND SETOFF FOR FALSE 
INFORMATION.—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 
‘‘Secretary of Transportation’’ and in-
serting ‘‘Secretary of Homeland Secu-
rity’’; and 
(B) in subsection (c)(2) by striking 
‘‘Under Secretary of Transportation 
for Security’’ and inserting ‘‘Secretary 
of Homeland Security’’.
1332 
(3) ADMINISTRATIVE IMPOSITION OF PEN-
ALTIES.—Section 46301(d) of such title is 
amended— 
(A) in the first sentence of para-
graph (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 Sec-
retary of Transportation for Secu-
rity’’ and inserting ‘‘Secretary of 
Homeland Security’’; and 
(ii) by striking ‘‘44909)’’ and 
inserting ‘‘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 Home-
land Security’’; and 
(D) in paragraph (4)(A) by moving 
clauses (i), (ii), and (iii) 2 ems to the 
left.
1333 
SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY. 
The Director of the Federal Air Marshal 
Service of the Department of Homeland Secu-
rity shall continue to develop operational ini-
tiatives to protect the anonymity of Federal 
air marshals. 
SEC. 
2181. 
FEDERAL 
LAW 
ENFORCEMENT 
IN-FLIGHT 
counterterrorism TRAINING. 
The Assistant Secretary for Immigration 
and Customs Enforcement and the Director of 
Federal Air Marshal Service of the Depart-
ment of Homeland Security, in coordination 
with the Assistant Secretary of Homeland Se-
curity (Transportation Security Administra-
tion), shall make available appropriate in- 
flight counterterrorism procedures and tac-
tics training to Federal law enforcement offi-
cers 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 As-
sistant 
Secretary 
of 
Homeland 
Security 
(Transportation 
Security 
Administration) 
shall implement a pilot program to allow pi-
lots participating in the Federal flight deck
1334 
officer program to transport their firearms on 
their persons. The Assistant Secretary may 
prescribe any training, equipment, or proce-
dures that the Assistant Secretary determines 
necessary to ensure safety and maximize 
weapon retention. 
(b) REVIEW.—Not later than 1 year after 
the date of initiation of the pilot program, the 
Assistant Secretary shall conduct a review of 
the safety record of the pilot 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) deter-
mines that the safety level obtained under the 
pilot program is comparable to the safety 
level determined under existing methods of 
pilots carrying firearms on aircraft, the As-
sistant Secretary shall allow all pilots partici-
pating in the Federal flight deck officer pro-
gram the option of carrying their firearm on 
their person subject to such requirements as 
the Assistant Secretary determines appro-
priate.
1335 
SEC. 2183. REGISTERED TRAVELER PROGRAM. 
The Transportation Security Administra-
tion shall expedite implementation of the reg-
istered traveler program. 
SEC. 2184. WIRELESS COMMUNICATION. 
(a) STUDY.—The Transportation Security 
Administration, in consultation with the Fed-
eral Aviation Administration, 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. 
(b) MATTERS TO BE CONSIDERED.—In con-
ducting the study, the Transportation Secu-
rity Administration and the Federal Aviation 
Administration shall consider technology that 
is readily available and can be quickly inte-
grated and customized for use aboard aircraft 
for flight crew communication. 
(c) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Trans-
portation Security Administration shall sub-
mit to the appropriate congressional commit-
tees a report on the results of the study.
1336 
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 Secu-
rity Administration) shall transmit to the ap-
propriate congressional committees a report 
on the costs and benefits associated with the 
use of secondary flight deck barriers and 
whether the use of such barriers should be 
mandated for all air carriers. The Assistant 
Secretary may transmit the report in a classi-
fied format. 
SEC. 2186. EXTENSION. 
Section 48301(a) of title 49, United States 
Code, is amended by striking ‘‘and 2005’’ and 
inserting ‘‘2005, and 2006’’. 
SEC. 2187. PERIMETER SECURITY. 
(a) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Assist-
ant Secretary of Homeland Security (Trans-
portation Security Administration), in con-
sultation with airport operators and law en-
forcement authorities, shall develop and sub-
mit to the appropriate congressional com-
mittee a report on airport perimeter security.
1337 
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 proce-
dures, including the use of biometrics 
and other methods of positively identi-
fying individuals prior to entry into se-
cure areas of airports, and provide best 
practices for enhanced 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 in-
dividuals 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 congres-
sional committees’’ means the Committee 
on Transportation and Infrastructure of
1338 
the House of Representatives and the 
Committee on Commerce, Science, and 
Transportation of the Senate. 
(2) AIR CARRIER.—The term ‘‘air car-
rier’’ 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 Identifica-
tion 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). 
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’’;
1339 
(B) in subparagraph (D)— 
(i) by inserting after the first 
sentence the following: ‘‘An attor-
ney for the government may also 
disclose any grand-jury matter in-
volving a threat of actual or po-
tential attack or other grave hos-
tile acts of a foreign power or an 
agent of a foreign power, domes-
tic or international sabotage, do-
mestic or international terrorism, 
or clandestine intelligence gath-
ering activities by an intelligence 
service or network of a foreign 
power or by an agent of a foreign 
power, within the United States 
or elsewhere, to any appropriate 
Federal, State, state subdivision, 
Indian tribal, or foreign govern-
ment official for the purpose of 
preventing or responding to such 
a threat.’’; and 
(ii) in clause (i)— 
(I) by striking ‘‘federal’’; 
and
1340 
(II) by adding at the end 
the 
following: 
‘‘Any 
State, 
state subdivision, Indian trib-
al, or foreign government offi-
cial who receives information 
under Rule 6(e)(3)(D) may use 
the 
information 
only 
con-
sistent with such guidelines 
as the Attorney General and 
the National Intellience Direc-
tor 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 gov-
ernment, when sought by a for-
eign court or prosecutor for use 
in an official criminal investiga-
tion;’’; and 
(iii) in clause (iv), as redesig-
nated—
1341 
(I) by striking ‘‘state or In-
dian 
tribal’’ 
and 
inserting 
‘‘State, Indian tribal, or for-
eign’’; and 
(II) by striking ‘‘or Indian 
tribal official’’ and inserting 
‘‘Indian tribal, or foreign gov-
ernment official’’; and 
(2) in paragraph (7), by inserting ‘‘, or 
of guidelines jointly issued by the Attor-
ney General and Director of Central In-
telligence pursuant to Rule 6,’’ after 
‘‘Rule 6’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
203(c) of Public Law 107–56 (18 U.S.C. 2517 
note) 
is 
amended 
by 
striking 
‘‘Rule 
6(e)(3)(C)(i)(V) and (VI)’’ and inserting ‘‘Rule 
6(e)(3)(D)’’. 
SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND IN-
TELLIGENCE DATA SYSTEM. 
(a) FINDINGS.—The Congress finds as fol-
lows: 
(1) The interoperable electronic data 
system know as the ‘‘Chimera system’’, 
and required to be developed and imple-
1342 
mented by section 202(a)(2) of the En-
hanced Border Security and Visa Entry 
Reform Act of 2002 (8 U.S.C. 1722(a)(2)), 
has not in any way been implemented. 
(2) Little progress has been made 
since the enactment of such Act with re-
gard to establishing a process to connect 
existing trusted systems operated inde-
pendently by the respective intelligence 
agencies. 
(3) It is advisable, therefore, to assign 
such responsibility to the National Intel-
ligence Director. 
(4) The National Intelligence Director 
should, pursuant to the amendments 
made by subsection (c), begin systems 
planning immediately upon assuming of-
fice to deliver an interim system not later 
than 1 year after the date of the enact-
ment of this Act, and to deliver the fully 
functional Chimera system not later than 
September 11, 2007. 
(5) Both the interim system, and the 
fully functional Chimera system, should 
be designed so that intelligence officers,
1343 
Federal law enforcement agencies (as de-
fined in section 2 of such Act (8 U.S.C. 
1701)), operational counter-terror sup-
port center personnel, consular officers, 
and Department of Homeland Security 
enforcement officers have access to them. 
(b) PURPOSES.—The purposes of this sec-
tion are as follows: 
(1) To provide the National Intel-
ligence Director with the necessary au-
thority and resources to establish both an 
interim data system and, subsequently, a 
fully functional Chimera system, to col-
lect and share intelligence and oper-
ational information with the intelligence 
community (as defined in section 3(4) of 
the National Security Act of 1947 (50 
U.S.C. 401a(4)). 
(2) To require the National Intel-
ligence Director to establish a state-of- 
the-art Chimera system with both biomet-
ric identification and linguistic capabili-
ties satisfying the best technology stand-
ards.
1344 
(3) To ensure that the National Intel-
ligence Center will have a fully func-
tional capability, not later than Sep-
tember 11, 2007, for interoperable data 
and intelligence exchange with the agen-
cies of the intelligence community (as so 
defined). 
(c) AMENDMENTS.— 
(1) IN
GENERAL.—Title II of the En-
hanced 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
INTEL-
LIGENCE
DATA
EXCHANGE
SYSTEM.—Not 
later than 1 year after assuming office, 
the National Intelligence Director shall 
establish an interim interoperable intel-
ligence data exchange system that will 
connect the data systems operated inde-
pendently by the entities in the intel-
ligence community and by the National 
counterterrorism Center, so as to permit
1345 
automated data exchange among all of 
these entities. Immediately upon assum-
ing office, the National Intelligence Di-
rector shall begin the plans necessary to 
establish such interim system. 
‘‘(2) CHIMERA SYSTEM.—Not later than 
September 11, 2007, the National Intel-
ligence Director shall establish a fully 
functional interoperable law enforcement 
and intelligence electronic data system 
within 
the 
National 
counterterrorism 
Center to provide immediate access to in-
formation in databases of Federal law en-
forcement agencies and the intelligence 
community that is necessary to identify 
terrorists, and organizations and individ-
uals that support 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 Intel-
ligence Director’’; and 
(II) by striking ‘‘the data 
system’’ and inserting ‘‘the in-
1346 
terim 
system 
described 
in 
paragraph (1) and the Chi-
mera 
system 
described 
in 
paragraph (2)’’; 
(iii) in paragraph (4)(A), by 
striking ‘‘The data system’’ and all 
that follows through ‘‘(2),’’ and in-
serting ‘‘The interim system de-
scribed in paragraph (1) and the 
Chimera 
system 
described 
in 
paragraph (2)’’; 
(iv) in paragraph (5)— 
(I) 
in 
the 
matter 
pre-
ceding subparagraph (A), by 
striking ‘‘data system under 
this subsection’’ and inserting 
‘‘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 inserting ‘‘; and’’; and 
(IV) by adding at the end 
the following:
1347 
‘‘(D) to any Federal law enforce-
ment or intelligence officer author-
ized to assist in the investigation, 
identification, or prosecution of ter-
rorists, alleged terrorists, individuals 
supporting terrorist activities, and in-
dividuals alleged to support terrorist 
activities. ’’; and 
(v) in paragraph (6)— 
(I) by striking ‘‘President’’ 
and inserting ‘‘National Intel-
ligence Director’’; 
(II) by striking ‘‘the data 
system’’ and all that follows 
through ‘‘(2),’’ and inserting 
‘‘the interim system described 
in paragraph (1) and the Chi-
mera 
system 
described 
in 
paragraph (2)’’; 
(B) in section 202(b)— 
(i) in paragraph (1), by strik-
ing ‘‘The interoperable’’ and all 
that follows through ‘‘subsection 
(a)’’ and inserting ‘‘the Chimera
1348 
system described in subsection 
(a)(2)’’; 
(ii) in paragraph (2), by strik-
ing 
‘‘interoperable 
electronic 
database’’ and inserting ‘‘Chimera 
system described in subsection 
(a)(2)’’; and 
(iii) by amending paragraph 
(4) to read as follows: 
‘‘(4) INTERIM REPORTS.—Not later than 
6 months after assuming office, the Na-
tional Intelligence Director shall submit 
a report to the appropriate committees of 
Congress on 
the 
progress 
in 
imple-
menting each requirement of this sec-
tion.’’; 
(C) in section 204— 
(i) by striking ‘‘Attorney Gen-
eral’’ each place such term ap-
pears and inserting ‘‘National In-
telligence Director’’; 
(ii) in subsection (d)(1), by 
striking ‘‘Attorney General’s’’ and 
inserting ‘‘National Intelligence 
Director’s’’; and
1349 
(D) by striking section 203 and re-
designating section 204 as section 
203. 
(2) CLERICAL
AMENDMENT.—The table 
of contents for the Enhanced Border Se-
curity 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 re-
lating 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 National Commission on Terrorist At-
tacks Upon the United States and to meet the 
intelligence needs of the United States, Con-
gress makes the following findings: 
(1) The Federal Bureau of Investiga-
tion has made significant progress in im-
proving its intelligence capabilities. 
(2) The Federal Bureau of Investiga-
tion must further enhance and fully insti-
1350 
tutionalize its ability to prevent, pre-
empt, and disrupt terrorist threats to our 
homeland, our people, our allies, and our 
interests. 
(3) The Federal Bureau of Investiga-
tion must collect, process, share, and dis-
seminate, to the greatest extent per-
mitted by applicable law, to the Presi-
dent, the Vice President, and other offi-
cials in the Executive Branch, all ter-
rorism information and other informa-
tion necessary to safeguard our people 
and advance our national and homeland 
security interests. 
(4) The Federal Bureau of Investiga-
tion must move towards full and seamless 
coordination and cooperation with all 
other elements of the Intelligence Com-
munity, including full participation in, 
and support to, the National counter-
terrorism Center. 
(5) The Federal Bureau of Investiga-
tion must strengthen its pivotal role in 
coordination and cooperation with Fed-
eral, State, tribal, and local law enforce-
1351 
ment agencies to ensure the necessary 
sharing 
of 
information 
for 
counter-
terrorism and criminal law enforcement 
purposes. 
(6) The Federal Bureau of Investiga-
tion must perform its vital intelligence 
functions in a manner consistent with 
both with national intelligence priorities 
and respect for privacy and other civil 
liberties under the Constitution and laws 
of the United States. 
(b) IMPROVEMENT OF INTELLIGENCE CAPA-
BILITIES.—The Director of the Federal Bureau 
of Investigation shall establish a comprehen-
sive intelligence program for— 
(1) intelligence analysis, including re-
cruitment and hiring of analysts, analyst 
training, priorities and status for anal-
ysis, and analysis performance measures; 
(2) intelligence production, including 
product standards, production priorities, 
information sharing and dissemination, 
and customer satisfaction measures; 
(3) production of intelligence that is 
responsive to national intelligence re-
1352 
quirements 
and 
priorities, 
including 
measures of the degree to which each 
FBI headquarters and field component is 
collecting 
and 
providing 
such 
intel-
ligence; 
(4) 
intelligence 
sources, 
including 
source validation, new source develop-
ment, and performance measures; 
(5) field intelligence operations, in-
cluding staffing and infrastructure, man-
agement processes, priorities, and per-
formance measures; 
(6) full and seamless coordination and 
cooperation with the other components 
of the Intelligence Community, consistent 
with their responsibilities; and 
(7) sharing of FBI intelligence and in-
formation across Federal, state, and local 
governments, with the private sector, and 
with foreign partners as provided by law 
or by guidelines of the Attorney General. 
(c) INTELLIGENCE DIRECTORATE.—The Di-
rector of the Federal Bureau of Investigation 
shall establish an Intelligence Directorate 
within the FBI. The Intelligence Directorate
1353 
shall have the authority to manage and direct 
the intelligence operations of all FBI head-
quarters and field components. The Intel-
ligence Directorate shall have responsibility 
for all components and functions of the FBI 
necessary for— 
(1) oversight of FBI field intelligence 
operations; 
(2) FBI human source development 
and management; 
(3) FBI collection against nationally- 
determined intelligence requirements; 
(4) language services; 
(5) strategic analysis; 
(6) intelligence program and budget 
management; and 
(7) the intelligence workforce. 
(d) NATIONAL SECURITY WORKFORCE.—The 
Director of the Federal Bureau of Investiga-
tion shall establish a specialized, integrated 
intelligence 
cadre 
composed 
of 
Special 
Agents, analysts, linguists, and surveillance 
specialists in a manner which creates and sus-
tains within the FBI a workforce with sub-
stantial expertise in, and commitment to, the
1354 
intelligence mission of the FBI. The Director 
shall— 
(1) ensure that these FBI employees 
may make their career, including pro-
motion to the most senior positions in the 
FBI, within this career track; 
(2) establish intelligence cadre re-
quirements for— 
(A) training; 
(B) career development and cer-
tification; 
(C) recruitment, hiring, and selec-
tion; 
(D) integrating field intelligence 
teams; and 
(E) senior level field management; 
(3) establish intelligence officer cer-
tification 
requirements, 
including 
re-
quirements for training courses and as-
signments to other intelligence, national 
security, or homeland security compo-
nents of the Executive branch, in order to 
advance to senior operational manage-
ment positions in the FBI;
1355 
(4) ensure that the FBI’s recruitment 
and training program enhances its ability 
to attract individuals with educational 
and professional backgrounds in intel-
ligence, international relations, language, 
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 enactment of this Act shall re-
ceive basic training in both criminal jus-
tice matters and intelligence matters; 
(6) ensure that all Special Agents em-
ployed by the FBI after the date of the 
enactment of this Act, to the maximum 
extent practicable, be given an oppor-
tunity to undergo, during their early 
service with the FBI, meaningful assign-
ments in criminal justice matters and in 
intelligence matters; 
(7) ensure that, to the maximum ex-
tent practical, Special Agents who spe-
cialize in intelligence are afforded the op-
portunity to work on intelligence matters
1356 
over the remainder of their career with 
the FBI; and 
(8) ensure that, to the maximum ex-
tent practical, analysts are afforded FBI 
training and career opportunities com-
mensurate with the training and career 
opportunities afforded analysts in other 
elements of the intelligence community. 
(e) FIELD OFFICE MATTERS.—The Director 
of the Federal Bureau of Investigation shall 
take appropriate actions to ensure the inte-
gration of analysis, Special Agents, linguists, 
and surveillance personnel in FBI field intel-
ligence components and to provide effective 
leadership and infrastructure to support FBI 
field intelligence components. The Director 
shall— 
(1) ensure that each FBI field office 
has an official at the level of Assistant 
Special Agent in Charge or higher with 
responsibility for the FBI field intel-
ligence component; and 
(2) to the extent practicable, provide 
for such expansion of special compart-
mented information facilities in FBI field
1357 
offices as is necessary to ensure the dis-
charge by the field intelligence compo-
nents of the national security and crimi-
nal intelligence mission of the FBI. 
(f) BUDGET MATTERS.—The Director of the 
Federal Bureau of Investigation shall, in con-
sultation with the Director 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 counter-
intelligence. 
(3) 
Criminal 
enterprise/Federal 
crimes. 
(4) Criminal justice services. 
(g) REPORTS.— 
(1)(A) Not later than 180 days after 
the date of the enactment of this Act, and 
every twelve months thereafter, the Di-
rector of the Federal Bureau of Investiga-
tion shall submit to Congress a report on 
the progress made as of the date of such
1358 
report in carrying out the requirements 
of this section. 
(B) The Director shall include in the 
first report required by subparagraph (A) 
an estimate of the resources required to 
complete the expansion of special com-
partmented 
information 
facilities 
to 
carry out the intelligence mission of FBI 
field intelligence components. 
(2) In each annual report required by 
paragraph (1)(A) the director shall in-
clude— 
(A) a report on the progress made 
by each FBI field office during the pe-
riod covered by such review in ad-
dressing 
FBI 
and 
national 
intel-
ligence priorities; 
(B) a report assessing the quali-
fications, status, and roles of analysts 
at FBI headquarters and in FBI field 
offices; and 
(C) a report on the progress of the 
FBI in implementing information- 
sharing principles.
1359 
(3) A report required by this sub-
section 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.— 
(1) IN GENERAL.—Section 215(b) of the 
Immigration and Nationality Act (8 U.S.C. 
1185(b)) is amended to read as follows: 
‘‘(b)(1) Except as otherwise provided in 
this subsection, 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.
1360 
‘‘(2) Subject to such limitations and excep-
tions as the President may authorize and pre-
scribe, the President may waive the applica-
tion 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 applica-
tion 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 docu-
ments) designated by the Secretary of Home-
land Security under paragraph (4). 
‘‘(4) The Secretary of Homeland Security— 
‘‘(A) shall designate documents that 
are sufficient to denote identity and citi-
zenship in the United States such that 
they may be used, either individually or 
in conjunction with another document, to 
establish that the bearer is a citizen or 
national of the United States for pur-
poses of lawfully departing from or enter-
ing the United States; and
1361 
‘‘(B) shall publish a list of those docu-
ments in the Federal Register. 
‘‘(5) A document may not be designated 
under paragraph (4) (whether alone or in 
combination with other documents) unless 
the Secretary of Homeland Security deter-
mines that the document— 
‘‘(A) may be relied upon for the pur-
poses of this subsection; and 
‘‘(B) may not be issued to an alien un-
lawfully 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 Secu-
rity— 
(A) 
shall 
designate 
documents 
that are sufficient to denote identity 
and citizenship in the United States 
such that they may be used, either in-
dividually or in conjunction with an-
other document, to establish that the
1362 
bearer is a citizen or national of the 
United States for purposes of lawfully 
departing 
from 
or 
entering 
the 
United States; and 
(B) shall publish a list of those 
documents in the Federal Register. 
(2) LIMITATION
ON
PRESIDENTIAL
AU-
THORITY.—Beginning on the date that is 
90 days after the publication described in 
paragraph (1)(B), the President, notwith-
standing section 215(b) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1185(b)), may not exercise the President’s 
authority under such section so as to per-
mit any citizen of the United States to de-
part from or enter, or attempt to depart 
from or enter, the United States from any 
country other than foreign contiguous 
territory, unless the citizen bears a docu-
ment (or combination of documents) des-
ignated under paragraph (1)(A). 
(3) CRITERIA FOR DESIGNATION.—A doc-
ument may not be designated under para-
graph (1)(A) (whether alone or in com-
bination with other documents) unless
1363 
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. 
(4) EFFECTIVE DATE.—This subsection 
shall take effect on the date of the enact-
ment of this Act and shall cease to be ef-
fective 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 
Immigration and Nationality Act (8 U.S.C. 
1182(d)(4)) is amended— 
(1) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) by striking ‘‘on the basis of reci-
procity’’ and all that follows through ‘‘or 
(C)’’; and
1364 
(3) by adding at the end the fol-
lowing: 
‘‘Either or both of the requirements of 
such paragraph may also be waived by 
the Secretary of Homeland Security and 
the Secretary of State, acting jointly and 
on the basis of reciprocity, with respect 
to nationals of foreign contiguous terri-
tory or of adjacent islands, but only if 
such nationals are required, in order to 
be admitted into the United States, to be 
in possession of identification deemed by 
the Secretary of Homeland Security to be 
secure.’’. 
(b) EFFECTIVE
DATE.—The amendment 
made by subsection (a) shall take effect on De-
cember 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 pa-
trol agents within the Department of Home-
land Security above the number of such posi-
1365 
tions 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 investiga-
tors within the Department of Homeland Se-
curity 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 ad-
ditional investigators shall be designated to 
investigate potential violations of section 
274A of the Immigration and Nationality Act 
(8 U.S.C 1324a). Each State shall be allotted at 
least 3 of these additional investigators. 
SEC. 3005. ALIEN IDENTIFICATION STANDARDS. 
Section 211 of the Immigration and Na-
tionality Act (8 U.S.C. 1181) is amended by 
adding at the end the following:
1366 
‘‘(d) For purposes of establishing identity 
to any Federal employee, an alien present in 
the United States may present any document 
issued by the Attorney General or the Sec-
retary of Homeland Security under the au-
thority of one of the immigration laws (as de-
fined in section 101(a)(17)), or an unexpired 
lawfully issued foreign passport. Subject to 
the limitations and exceptions in immigration 
laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(17)), no other document may be pre-
sented for those purposes.’’. 
SEC. 3006. EXPEDITED REMOVAL. 
Section 235(b)(1)(A) of the Immigration 
and Nationality 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 immi-
gration officer determines that an 
alien (other than an alien de-
scribed in subparagraph (F)) who 
is arriving in the United States, 
or who has not been admitted or 
paroled into the United States
1367 
and 
has 
not 
been 
physically 
present in the United States con-
tinuously for the 5-year period 
immediately prior to the date of 
the 
determination 
of 
inadmis-
sibility under this paragraph, is 
inadmissible 
under 
section 
212(a)(6)(C) or 212(a)(7), the offi-
cer shall order the alien removed 
from the United States without 
further hearing or review, un-
less— 
‘‘(I) the alien has been 
charged with a crime, is in 
criminal proceedings, or is 
serving a criminal sentence; 
or 
‘‘(II) the alien indicates an 
intention 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.
1368 
‘‘(ii) CLAIMS
FOR
ASYLUM.—If 
an 
immigration 
officer 
deter-
mines 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 paroled into the 
United States and has not been 
physically present in the United 
States continuously for the 5-year 
period immediately prior to the 
date of the determination of inad-
missibility 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 persecution, the 
officer shall refer the alien for an 
interview by an asylum officer 
under subparagraph (B) if the of-
ficer determines that the alien 
has been physically present in the 
United States for less than 1 
year.’’.
1369 
SEC. 3007. PREVENTING TERRORISTS FROM OBTAINING 
ASYLUM. 
(a) CONDITIONS
FOR GRANTING ASYLUM.— 
Section 208(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(b)) is amended— 
(1) in paragraph (1), by striking ‘‘The 
Attorney General’’ and inserting the fol-
lowing: 
‘‘(A) ELIGIBILITY.—The Secretary 
of Homeland Security or the Attorney 
General’’; and 
(2) by adding at the end the fol-
lowing: 
‘‘(B) BURDEN OF PROOF.—The bur-
den of proof is on the applicant to es-
tablish 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 mean-
ing of this Act, the applicant must es-
tablish that race, religion, nation-
ality, membership in a particular so-
cial group, or political opinion was or 
will be the central motive for perse-
cuting the applicant. The testimony 
of the applicant may be sufficient to
1370 
sustain such burden without corrobo-
ration, but only if it is credible, is 
persuasive, and refers to specific 
facts that demonstrate that the appli-
cant is a refugee. Where the trier of 
fact finds that it is reasonable to ex-
pect corroborating evidence for cer-
tain alleged facts pertaining to the 
specifics of the applicant’s claim, 
such evidence must be provided un-
less a reasonable explanation is given 
as to why such information is not 
provided. The credibility determina-
tion 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 con-
sistency between the applicant’s or 
witness’s written and oral statements, 
whether or not under oath, made at 
any time to any officer, agent, or em-
ployee of the United States, the inter-
nal consistency of each such state-
ment, the consistency of such state-
ments with the country conditions in
1371 
the country from which the applicant 
claims asylum (as presented by the 
Department of State) and any inac-
curacies or falsehoods in such state-
ments. These factors may be consid-
ered individually or cumulatively.’’. 
(b) STANDARD OF REVIEW FOR ORDERS OF 
REMOVAL.—Section 242(b)(4) of the Immigra-
tion and Nationality 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 cor-
roborating evidence as described in section 
208(b)(1)(B), unless the court finds that a rea-
sonable adjudicator is compelled to conclude 
that such corroborating evidence is unavail-
able.’’. 
(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 administra-
tive removal order was issued before, on, or 
after the date of enactment of this Act.
1372 
SEC. 3008. REVOCATION OF VISAS AND OTHER TRAVEL 
DOCUMENTATION. 
(a) LIMITATION ON REVIEW.—Section 221(i) 
of the Immigration and Nationality Act (8 
U.S.C. 1201(i)) is amended by adding at the 
end the following: ‘‘There shall be no means 
of administrative or judicial review of a rev-
ocation under this subsection, and no court or 
other person otherwise shall have jurisdiction 
to consider any claim challenging the validity 
of such a revocation.’’. 
(b) CLASSES OF DEPORTABLE ALIENS.—Sec-
tion 237(a)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)(1)(B)) is amend-
ed by striking ‘‘United States is’’ and inserting 
the following: ‘‘United States, or whose non-
immigrant visa (or other documentation au-
thorizing admission into the United States as 
a nonimmigrant) has been revoked under sec-
tion 221(i), is’’. 
(c) REVOCATION OF PETITIONS.—Section 205 
of the Immigration and Nationality Act (8 
U.S.C. 1155) is amended— 
(1) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; and
1373 
(2) by striking the final two sen-
tences. 
(d) EFFECTIVE
DATE.—The amendments 
made by this section shall take effect on the 
date of the enactment of this Act and shall 
apply to revocations under sections 205 and 
221(i) of the Immigration and Nationality Act 
made before, on, or after such date. 
SEC. 3009. JUDICIAL REVIEW OF ORDERS OF REMOVAL. 
(a) IN GENERAL.—Section 242 of the Immi-
gration 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 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’’ after ‘‘Notwithstanding any 
other provision of law’’; and 
(ii) by adding at the end the 
following:
1374 
‘‘(D) JUDICIAL REVIEW OF CERTAIN 
LEGAL CLAIMS.—Nothing in this para-
graph shall be construed as pre-
cluding consideration by the circuit 
courts of appeals of constitutional 
claims or pure questions of law raised 
upon petitions for review filed in ac-
cordance with this section. Notwith-
standing any other provision of law 
(statutory and nonstatutory), includ-
ing section 2241 of title 28, United 
States Code, or, except as provided in 
subsection (e), any other habeas cor-
pus provision, and sections 1361 and 
1651 of title 28, United States Code, 
such petitions for review shall be the 
sole and exclusive means of raising 
any and all claims with respect to or-
ders of removal entered or issued 
under any provision of this Act.’’; and 
(B) by adding at the end the fol-
lowing: 
‘‘(4) CLAIMS UNDER THE UNITED NATIONS 
CONVENTION.—Notwithstanding any other 
provision of law (statutory and nonstatu-
1375 
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, a pe-
tition for review by the circuit courts of 
appeals filed in accordance with this sec-
tion is the sole and exclusive means of ju-
dicial review of claims arising under the 
United Nations Convention Against Tor-
ture and Other Forms of Cruel, Inhuman, 
or Degrading Treatment or Punishment. 
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—The 
judicial review specified in this sub-
section shall be the sole and exclusive 
means for review by any court of an 
order of removal entered or issued under 
any provision 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,
1376 
and review pursuant to any other provi-
sion of law.’’; 
(2) in subsection (b)— 
(A) in paragraph (3)(B), by insert-
ing ‘‘pursuant to subsection (f)’’ after 
‘‘unless’’; and 
(B) in paragraph (9), by adding at 
the end the following: ‘‘Except as oth-
erwise provided in this subsection, no 
court shall have jurisdiction, by ha-
beas 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 provi-
sion of law (statutory or nonstatu-
tory), to hear any cause or claim sub-
ject to these consolidation provi-
sions.’’; 
(3) in subsection (f)(2), by inserting 
‘‘or stay, by temporary or permanent 
order, including stays pending judicial 
review,’’ after ‘‘no court shall enjoin’’; and 
(4) in subsection (g), by inserting 
‘‘(statutory and nonstatutory), including
1377 
section 2241 of title 28, United States 
Code, or any other habeas corpus provi-
sion, and sections 1361 and 1651 of title 
28, United States Code’’ after ‘‘notwith-
standing 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 administra-
tive 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 striking ‘‘section 237(a)(4)(D)’’ and in-
serting ‘‘paragraph (4)(B) or (4)(D) of sec-
tion 237(a)’’; and 
(2) in clause (iii), by striking ‘‘or’’; 
(3) in clause (iv), by striking the pe-
riod and inserting ‘‘; or’’ ;
1378 
(4) by inserting after clause (iv) and 
following: 
‘‘(v) the alien is described in 
subclause (I), (II), (III), (IV), or 
(VI) of section 212(a)(3)(B)(i) or 
section 237(a)(4)(B), unless, in the 
case only of an alien described in 
subclause 
(IV) 
of 
section 
212(a)(3)(B)(i), the Secretary of 
Homeland Security determines, in 
the Secretary’s discretion, that 
there are not reasonable grounds 
for regarding the alien as a dan-
ger 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 insert-
ing ‘‘described in’’; and 
(2) by striking ‘‘removable under’’. 
(c) EFFECTIVE
DATE.—The amendments 
made by this section shall take effect on the
1379 
date of the enactment of this Act and shall 
apply to— 
(1) removal proceedings instituted be-
fore, on, or after the date of the enact-
ment of this Act; and 
(2) acts and conditions constituting a 
ground for inadmissibility or removal oc-
curring 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 enact-
ment of this Act, the Secretary of Home-
land Security shall revise the regulations 
prescribed by the Secretary to implement 
the United Nations Convention Against 
Torture and Other Forms of Cruel, Inhu-
man or Degrading Treatment or Punish-
ment, done at New York on December 10, 
1984. 
(2) EXCLUSION
OF
CERTAIN
ALIENS.— 
The revision—
1380 
(A) shall exclude from the protec-
tion of such regulations aliens de-
scribed in section 241(b)(3)(B) of the 
Immigration and Nationality Act (8 
U.S.C. 1231(b)(3)(B)) (as amended by 
this title), including rendering such 
aliens ineligible for withholding or 
deferral of removal under the Con-
vention; and 
(B) shall ensure that the revised 
regulations operate so as to— 
(i) allow for the reopening of 
determinations made under the 
regulations before the effective 
date of the revision; and 
(ii) apply to acts and condi-
tions constituting a ground for in-
eligibility for the protection of 
such regulations, as revised, re-
gardless of when such acts or con-
ditions occurred. 
(3) BURDEN
OF
PROOF.—The revision 
shall also ensure that the burden of proof 
is on the applicant for withholding or de-
ferral of removal under the Convention
1381 
to establish by clear and convincing evi-
dence that he or she would be tortured if 
removed to the proposed country of re-
moval. 
(b) 
JUDICIAL
REVIEW.—Notwithstanding 
any other provision of law, no court shall 
have jurisdiction to review the regulations 
adopted to implement this section, and noth-
ing in this section shall be construed as pro-
viding 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). 
SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES. 
(a) IN GENERAL.—Section 241(b) of the Im-
migration 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
1382 
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 Secu-
rity shall remove the alien to— 
‘‘(i) the country of which the 
alien is a citizen, subject, or na-
tional, where the alien was born, 
or where the alien has a resi-
dence, unless the country phys-
ically prevents the alien from en-
tering 
the 
country 
upon 
the 
alien’s removal there; or 
‘‘(ii) any country whose gov-
ernment will accept the alien into 
that country.’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘Attorney General’’ 
each place such term appears and in-
serting ‘‘Secretary of Homeland Secu-
rity’’;
1383 
(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 Se-
curity shall remove the alien to a 
country of which the alien is a sub-
ject, 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 re-
moval there; or 
‘‘(ii) in the opinion of the Sec-
retary of Homeland Security, re-
moving 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 gov-
ernment will accept the alien into 
that country.’’.
1384 
(b) EFFECTIVE
DATE.—The amendments 
made by subsection (a) shall take effect on the 
date of the enactment of this Act and shall 
apply to any deportation, exclusion, or re-
moval on or after such date pursuant to any 
deportation, exclusion, or removal order, re-
gardless of whether such order is administra-
tively 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 ‘‘driv-
er’s license’’ means a motor vehicle oper-
ator’s license, as defined in section 30301 
of title 49, United States Code. 
(2) IDENTIFICATION
CARD.—The term 
‘‘identification card’’ means a personal 
identification card, as defined in section 
1028(d) of title 18, United States Code, 
issued by a State.
1385 
(3) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Homeland Secu-
rity. 
(4) STATE.—The term ‘‘State’’ means a 
State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, the North-
ern Mariana Islands, the Trust Territory 
of the Pacific Islands, and any other ter-
ritory 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 person unless the State is meeting 
the requirements of this section. 
(2) STATE
CERTIFICATIONS.—The Sec-
retary shall determine whether a State is 
meeting the requirements of this section
1386 
based on certifications made by the State 
to the Secretary. Such certifications shall 
be made at such times and in such man-
ner as the Secretary, in consultation with 
the Secretary of Transportation, may pre-
scribe by regulation. 
(b) MINIMUM DOCUMENT REQUIREMENTS.— 
To meet the requirements of this section, a 
State shall include, at a minimum, the fol-
lowing information and features on each driv-
er’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 de-
signed to prevent tampering, counter-
feiting, or duplication of the document 
for fraudulent purposes.
1387 
(9) A common machine-readable tech-
nology, with defined minimum data ele-
ments. 
(c) MINIMUM ISSUANCE STANDARDS.— 
(1) IN GENERAL.—To meet the require-
ments of this section, a State shall re-
quire, at a minimum, presentation and 
verification of the following information 
before issuing a driver’s license or identi-
fication card to a person: 
(A) A photo identity document, 
except that a non-photo identity doc-
ument is acceptable if it includes 
both the person’s full legal name and 
date of birth. 
(B) Documentation showing the 
person’s date of birth. 
(C) Proof of the person’s social se-
curity account number or verification 
that the person is not eligible for a 
social security account number. 
(D) Documentation showing the 
person’s name and address of prin-
cipal residence.
1388 
(2) VERIFICATION
OF
DOCUMENTS.—To 
meet the requirements of this section, a 
State shall implement the following pro-
cedures: 
(A) Before issuing a driver’s li-
cense or identification card to a per-
son, the State shall verify, with the 
issuing agency, the issuance, validity, 
and completeness of each document 
required to be presented by the per-
son under paragraph (1). 
(B) The State shall not accept any 
foreign document, other than an offi-
cial passport, to satisfy a requirement 
of paragraph (1). 
(d) OTHER REQUIREMENTS.—To meet the re-
quirements of this section, a State shall adopt 
the following practices in the issuance of driv-
ers’ licenses and identification cards: 
(1) Employ technology to capture dig-
ital images of identity source documents 
so that the images can be retained in 
electronic storage in a transferable for-
mat.
1389 
(2) Retain paper copies of source doc-
uments for a minimum of 7 years or im-
ages of source documents presented for a 
minimum of 10 years. 
(3) Subject each person applying for a 
driver’s license or identification card to 
mandatory facial image capture. 
(4) Establish an effective procedure 
to confirm or verify a renewing appli-
cant’s information. 
(5) Confirm with the Social Security 
Administration 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 associ-
ated with another person to which any 
State has issued a driver’s license or 
identification card, the State shall re-
solve the discrepancy and take appro-
priate action. 
(6) Refuse to issue a driver’s license 
or identification card to a person holding 
a driver’s license issued by another State 
without confirmation that the person is
1390 
terminating or has terminated the driv-
er’s license. 
(7) Ensure the physical security of lo-
cations where drivers’ licenses and iden-
tification cards are produced and the se-
curity of document materials and papers 
from which drivers’ licenses and identi-
fication cards are produced. 
(8) Subject all persons authorized to 
manufacture or produce drivers’ licenses 
and identification cards to appropriate 
security clearance requirements. 
(9) Establish fraudulent document 
recognition training programs for appro-
priate employees engaged in the issuance 
of drivers’ licenses and identification 
cards. 
SEC. 3053. LINKING OF DATABASES. 
(a) IN GENERAL.—To be eligible to receive 
any grant or other type of financial assistance 
made available under this subtitle, a State 
shall participate in the interstate compact re-
garding sharing of driver license data, known 
as the ‘‘Driver License Agreement’’, in order 
to provide electronic access by a State to in-
1391 
formation 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. 
(2) Motor vehicle drivers’ histories, 
including motor vehicle violations, sus-
pensions, 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 authen-
tication features’’ and inserting ‘‘false or ac-
tual authentication features’’. 
SEC. 3055. GRANTS TO STATES. 
(a) IN GENERAL.—The Secretary may make 
grants to a State to assist the State in con-
forming to the minimum standards set forth 
in this chapter. 
(b) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to
1392 
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 TRANS-
PORTATION 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 Sec-
retary of Transportation and the States. 
(b) EXTENSIONS
OF DEADLINES.—The Sec-
retary may grant to a State an extension of 
time to meet the requirements of section 
3052(a)(1) if the State provides adequate jus-
tification for noncompliance. 
CHAPTER 2—IMPROVED SECURITY FOR 
BIRTH CERTIFICATES 
SEC. 3061. DEFINITIONS. 
(a) APPLICABILITY OF DEFINITIONS.—Except 
as otherwise specifically provided, the defini-
tions contained in section 3051 apply to this 
chapter. 
(b) OTHER DEFINITIONS.—In this chapter, 
the following definitions apply:
1393 
(1) 
BIRTH
CERTIFICATE.—The 
term 
‘‘birth certificate’’ 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 custodian of record 
and produced from birth records 
maintained by such agency or 
custodian of record; or 
(ii) is an authenticated copy, 
issued by a Federal, State, or 
local government agency or au-
thorized custodian of record, of 
an original certificate of birth 
issued by such agency or custo-
dian of record. 
(2) 
REGISTRANT.—The 
term 
‘‘reg-
istrant’’ means, with respect to a birth
1394 
certificate, the person whose birth is reg-
istered on the certificate. 
(3) STATE.—The term ‘‘State’’ shall 
have the meaning given such term in sec-
tion 3051; except that New York City 
shall be treated as a State separate from 
New York. 
SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO 
LOCAL GOVERNMENTS. 
The minimum standards in this chapter 
applicable to birth certificates issued by a 
State shall also apply to birth certificates 
issued by a local government in the State. It 
shall be the responsibility of the State to en-
sure that local governments in the State com-
ply with the minimum standards. 
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 not accept, for any 
official purpose, a birth certificate issued 
by a State to any person unless the State
1395 
is meeting the requirements of this sec-
tion. 
(2) STATE
CERTIFICATIONS.—The Sec-
retary shall determine whether a State is 
meeting the requirements of this section 
based on certifications made by the State 
to the Secretary. Such certifications shall 
be made at such times and in such man-
ner as the Secretary, in consultation with 
the Secretary of Health and Human Serv-
ices, may prescribe by regulation. 
(b) MINIMUM DOCUMENT STANDARDS.—To 
meet the requirements of this section, a State 
shall include, on each birth certificate issued 
to a person by the State, the use of safety 
paper, the seal of the issuing custodian of 
record, and such other features as the Sec-
retary may determine necessary to prevent 
tampering, counterfeiting, and otherwise du-
plicating the birth certificate for fraudulent 
purposes. The Secretary may not require a 
single design to which birth certificates 
issued by all States must conform. 
(c) MINIMUM ISSUANCE STANDARDS.—
1396 
(1) IN GENERAL.—To meet the require-
ments of this section, a State shall re-
quire and verify the following informa-
tion from the requestor before issuing an 
authenticated copy of a birth certificate: 
(A) The name on the birth certifi-
cate. 
(B) The date and location of the 
birth. 
(C) The mother’s maiden name. 
(D) Substantial proof of the re-
questor’s identity. 
(2) ISSUANCE
TO
PERSONS
NOT
NAMED 
ON
BIRTH
CERTIFICATE.—To meet the re-
quirements of this section, in the case of 
a request by a person who is not named 
on the birth certificate, a State must re-
quire the presentation of legal authoriza-
tion to request the birth certificate be-
fore issuance. 
(3) ISSUANCE TO FAMILY MEMBERS.—Not 
later than one year after the date of en-
actment of this Act, the Secretary, in con-
sultation with the Secretary of Health 
and Human Services and the States, shall
1397 
establish 
minimum 
standards 
for 
issuance of a birth certificate to specific 
family members, their authorized rep-
resentatives, and others who demonstrate 
that the certificate is needed for the pro-
tection of the requestor’s personal or 
property rights. 
(4) WAIVERS.—A State may waive the 
requirements set forth in subparagraphs 
(A) through (C) of subsection (c)(1) in ex-
ceptional circumstances, such as the in-
capacitation of the registrant. 
(5) 
APPLICATIONS
BY
ELECTRONIC 
MEANS.—To meet the requirements of this 
section, for applications by electronic 
means, through the mail or by phone or 
fax, a State shall employ third party 
verification, or equivalent verification, of 
the identity of the 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 re-
quirements of this section, a State shall adopt,
1398 
at a minimum, the following practices in the 
issuance and administration of birth certifi-
cates: 
(1) Establish and implement min-
imum building security standards for 
State and local vital record offices. 
(2) Restrict public access to birth cer-
tificates and information gathered in the 
issuance process to ensure that access is 
restricted to entities with which the 
State has a binding privacy protection 
agreement. 
(3) Subject all persons with access to 
vital records to appropriate security 
clearance requirements. 
(4) Establish fraudulent document 
recognition training programs for appro-
priate employees engaged in the issuance 
process. 
(5) Establish and implement internal 
operating system standards for paper and 
for electronic systems. 
(6) Establish a central database that 
can provide interoperative data exchange 
with other States and with Federal agen-
1399 
cies, subject to privacy restrictions and 
confirmation of the authority and iden-
tity of the requestor. 
(7) Ensure that birth and death 
records are matched in a comprehensive 
and timely manner, and that all elec-
tronic birth records and paper birth cer-
tificates of decedents are marked ‘‘de-
ceased’’. 
(8) Cooperate with the Secretary in 
the 
implementation 
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 Commis-
sioner of Social Security, the Secretary shall 
take the following actions: 
(1) Work with the States to establish 
a common data set and common data ex-
change protocol for electronic birth reg-
istration systems and death registration 
systems.
1400 
(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 cer-
tificates, 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 for-
mat of the certified copy, so that those re-
quiring such documents can quickly con-
firm their validity. 
(5) Establish uniform field require-
ments for State birth registries. 
(6) Not later than 1 year after the 
date of enactment of this Act, establish a 
process with the Department of Defense 
that will result in the sharing of data, 
with the States and the Social Security 
Administration, 
regarding 
deaths 
of 
United States military personnel and the 
birth and death of their dependents.
1401 
(7) Not later than 1 year after the 
date of enactment of this Act, establish a 
process with the Department of State to 
improve registration, notification, and 
the sharing of data with the States and 
the Social Security Administration, re-
garding births and deaths of United 
States citizens abroad. 
(8) Not later than 3 years after the 
date of establishment of databases pro-
vided for under this section, require 
States to record and retain electronic 
records of pertinent identification infor-
mation collected from requestors who are 
not the registrants. 
(9) Not later than 6 months after the 
date of enactment of this Act, submit to 
Congress, a report on whether there is a 
need for Federal laws to address pen-
alties for fraud and misuse of vital 
records and whether violations are suffi-
ciently enforced.
1402 
SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS. 
(a) LEAD
AGENCY.—The Secretary shall 
lead 
the 
implementation 
of 
electronic 
verification of a person’s birth and death. 
(b) REGULATIONS.—In carrying out sub-
section (a), the Secretary shall issue regula-
tions to establish a means by which author-
ized 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 certifi-
cate. Pursuant to the regulations, an elec-
tronic 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 ‘‘de-
ceased’’. 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 con-
1403 
forming to the minimum standards set forth 
in this chapter. 
(b) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to 
the Secretary for each of the fiscal years 2005 
through 2009 such sums as may be necessary 
to carry out this chapter. 
SEC. 3067. AUTHORITY. 
(a) PARTICIPATION WITH FEDERAL AGENCIES 
AND STATES.—All authority to issue regula-
tions, certify standards, 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 Sec-
retary may grant to a State an extension of 
time to meet the requirements of section 
3063(a)(1) if the State provides adequate jus-
tification for noncompliance.
1404 
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 subclause: 
‘‘(II) Any State or political subdivision 
thereof (and any person acting as an agent of 
such an agency or instrumentality), in the ad-
ministration of any driver’s license or motor 
vehicle registration law within its jurisdic-
tion, 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 reg-
istration or any other document issued by 
such State or political subdivision to an indi-
vidual for purposes of identification of such
1405 
individual or include on any such licence, reg-
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, registrations, and other docu-
ments 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 AC-
COUNT
NUMBERS.—Section 205(c)(2)(B)(ii) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
405(c)(2)(B)(ii)) is amended— 
(1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 
(2) by adding at the end the following 
new subclause: 
‘‘(II) With respect to an application for a 
social security account number for an indi-
vidual, other than for purposes of enumera-
tion at birth, the Commissioner shall require
1406 
independent verification of any birth record 
provided by the applicant in support of the 
application. The Commissioner may provide 
by regulation for reasonable exceptions from 
the requirement for independent verification 
under this subclause in any case in which the 
Commissioner determines there is minimal 
opportunity for fraud.’’. 
(b) EFFECTIVE
DATE.—The amendment 
made by subsection (a) shall apply with re-
spect to applications filed after 270 days after 
the date of the enactment of this Act. 
(c) STUDY REGARDING APPLICATIONS
FOR 
REPLACEMENT SOCIAL SECURITY CARDS.— 
(1) IN
GENERAL.—As soon as prac-
ticable after the date of the enactment of 
this Act, the Commissioner of Social Se-
curity shall undertake a study to test the 
feasibility 
and 
cost 
effectiveness 
of 
verifying all identification documents 
submitted by an applicant for a replace-
ment social security card. As part of such 
study, the Commissioner shall determine 
the feasibility of, and the costs associated 
with, the development of appropriate
1407 
electronic 
processes 
for 
third 
party 
verification of any such identification 
documents which are issued by agencies 
and instrumentalities of the Federal Gov-
ernment 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 Com-
mittee on Finance of the Senate regard-
ing the results of the study undertaken 
under paragraph (1). Such report shall 
contain such recommendations for legis-
lative changes as the Commissioner con-
siders necessary to implement needed im-
provements in the process for verifying 
identification documents submitted by 
applicants for replacement social secu-
rity cards. 
SEC. 3073. ENUMERATION AT BIRTH. 
(a) IMPROVEMENT
OF APPLICATION PROC-
ESS.—
1408 
(1) IN
GENERAL.—As soon as prac-
ticable after the date of the enactment of 
this Act, the Commissioner of Social Se-
curity shall undertake to make improve-
ments to the enumeration at birth pro-
gram for the issuance of social security 
account numbers to newborns. Such im-
provements shall be designed to pre-
vent— 
(A) the assignment of social secu-
rity account numbers to unnamed 
children; 
(B) the issuance of more than 1 
social security account number to the 
same child; and 
(C) other opportunities for fraud-
ulently obtaining a social security ac-
count number. 
(2) REPORT
TO
THE
CONGRESS.—Not 
later than 1 year after the date of the en-
actment of this Act, the Commissioner 
shall transmit to each House of the Con-
gress a report specifying in detail the ex-
tent to which the improvements required 
under paragraph (1) have been made.
1409 
(b) STUDY REGARDING PROCESS FOR ENU-
MERATION AT BIRTH.— 
(1) IN
GENERAL.—As soon as prac-
ticable after the date of the enactment of 
this Act, the Commissioner of Social Se-
curity shall undertake a study to deter-
mine the most efficient options for ensur-
ing the integrity of the process for enu-
meration at birth. Such study shall in-
clude an examination of available meth-
ods for reconciling hospital birth records 
with birth registrations submitted to 
agencies of States and political subdivi-
sions thereof and with information pro-
vided to the Commissioner as part of the 
process for enumeration at birth. 
(2) REPORT.—Not later than 18 months 
after the date of the enactment of this 
Act, the Commissioner shall report to the 
Committee on Ways and Means of the 
House of Representatives and the Com-
mittee on Finance of the Senate regard-
ing the results of the study undertaken 
under paragraph (1). Such report shall 
contain such recommendations for legis-
1410 
lative changes as the Commissioner con-
siders necessary to implement needed im-
provements in the process for enumera-
tion 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 under-
take a study to— 
(1) determine the best method of re-
quiring and obtaining photographic iden-
tification of applicants for old-age, sur-
vivors, and disability insurance benefits 
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 excep-
tions to any requirement for photo-
graphic identification of such applicants 
that may be necessary to promote effi-
1411 
cient and effective administration of such 
title, and 
(2) evaluate the benefits and costs of 
instituting such a requirement for photo-
graphic identification, including the de-
gree to which the security and integrity 
of the old-age, survivors, and disability 
insurance program would be enhanced. 
(b) REPORT.—Not later than 18 months 
after the date of the enactment of this Act, the 
Commissioner shall report to the Committee 
on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of 
the Senate regarding the results of the study 
undertaken under subsection (a). Such report 
shall contain such recommendations for legis-
lative 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 adding at the end the following
1412 
new sentence: ‘‘The Commissioner shall re-
strict the issuance of multiple replacement so-
cial security cards to any individual to 3 per 
year and to 10 for the life of the individual, 
except in any case in which the Commissioner 
determines there is minimal opportunity 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 pur-
suant to such amendment shall take effect 
upon the earlier of the issuance of such regu-
lations 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 consulta-
tion with the Secretary of Homeland Security, 
shall undertake a study to examine the best
1413 
method of modifying the social security ac-
count number assigned to individuals who— 
(1) are not citizens of the United 
States, 
(2) have not been admitted for perma-
nent residence, and 
(3) are not authorized by the Sec-
retary 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 Com-
missioner shall report to the Committee on 
Ways and Means of the House of Representa-
tives and the Committee on Finance of the 
Senate regarding the results of the study un-
dertaken under this section. Such report shall 
include the Commissioner’s recommendations 
of feasible options for modifying the social se-
curity account number in the manner de-
scribed in subsection (a).
1414 
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 Sec-
retary of Homeland Security each shall sub-
mit to the Committees on the Judiciary of the 
House of Representatives and of the Senate, 
the Committee on International Relations of 
the House of Representatives, and the Com-
mittee on Foreign Relations of the Senate the 
results of a separate study on the subjects de-
scribed 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 Pass-
port Control of the Department of State, in co-
ordination with the appropriate officials of 
the Department of Homeland Security. 
(c) CONTENTS.—The studies described in 
subsection (a) shall examine the feasibility, 
cost, potential benefits, and relative impor-
tance to the objectives of tracking suspected
1415 
terrorists’ travel, and apprehending sus-
pected terrorists, of each of the following: 
(1) Requiring nationals of all coun-
tries to present machine-readable, tam-
per-resistant passports that incorporate 
biometric and document authentication 
identifiers. 
(2) Creation of a database containing 
information on the lifetime travel history 
of each foreign national 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 trav-
el history of a prospective entrant by 
means other than a passport. 
(d) INCENTIVES.—The studies described in 
subsection (a) shall also make recommenda-
tions on incentives that might be offered to 
encourage foreign nations to participate in 
the initiatives described in paragraphs (1) 
and (2) of subsection (c).
1416 
SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIR-
PORTS. 
(a) IN GENERAL.—Section 235A(a)(4) of the 
Immigration and Nationality Act (8 U.S.C. 
1225(a)(4)) is amended— 
(1) by striking ‘‘October 31, 2000,’’ and 
inserting ‘‘January 1, 2008,’’; 
(2) by striking ‘‘5 additional’’ and in-
serting ‘‘up to 25 additional’’; 
(3) by striking ‘‘number of aliens’’ and 
inserting ‘‘number of inadmissible aliens, 
especially aliens who are potential ter-
rorists,’’; 
(4) by striking ‘‘who are inadmissible 
to the United States.’’ and inserting a pe-
riod; and 
(5) by striking ‘‘Attorney General’’ 
each place such term appears and insert-
ing ‘‘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 Commit-
tees on the Judiciary of the House of Rep-
resentatives and of the Senate, the Committee 
on International Relations of the House of 
Representatives, and the Committee on For-
1417 
eign 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; 
(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 
Immigration and Nationality Act (8 U.S.C. 
1225(b)) is amended— 
(1) in the subsection heading, by in-
serting ‘‘AND IMMIGRATION SECURITY INI-
TIATIVE’’ after ‘‘PROGRAM’’; and 
(2) by adding at the end the fol-
lowing: 
‘‘Beginning not later than December 31, 2006, 
the number of airports selected for an assign-
ment under this subsection shall be at least 
50.’’.
1418 
(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 OFFI-
CERS.—The Secretary of State, in each of fiscal 
years 2006 through 2009, may increase by 150 
the number of positions for consular officers 
above the number of such positions for which 
funds were allotted for the preceding fiscal 
year. 
(b) LIMITATION ON USE OF FOREIGN NATION-
ALS FOR NONIMMIGRANT VISA SCREENING.—Sec-
tion 222(d) of the Immigration and Nation-
ality Act (8 U.S.C. 1202(d)) is amended by add-
ing at the end the following: 
‘‘All nonimmigrant visa applications shall be 
reviewed and adjudicated by a consular offi-
cer.’’.
1419 
(c) TRAINING
FOR CONSULAR OFFICERS
IN 
DETECTION OF FRAUDULENT DOCUMENTS.—Sec-
tion 305(a) of the Enhanced Border Security 
and Visa Entry Reform Act of 2002 (8 U.S.C. 
1734(a)) is amended by adding at the end the 
following: ‘‘As part of the consular training 
provided to such officers by the Secretary of 
State, such officers shall also receive training 
in detecting fraudulent documents and gen-
eral document forensics and shall be required 
as part of such training to work with immi-
gration officers conducting inspections of ap-
plicants for admission into the United States 
at ports of entry.’’. 
(d) ASSIGNMENT
OF ANTI-FRAUD SPECIAL-
ISTS.— 
(1) 
SURVEY
REGARDING
DOCUMENT 
FRAUD.—The Secretary of State, in coordi-
nation with the Secretary of Homeland 
Security, shall conduct a survey of each 
diplomatic and consular post at which 
visas are issued to assess the extent to 
which fraudulent documents are pre-
sented by visa applicants to consular offi-
cers at such posts.
1420 
(2) PLACEMENT
OF
SPECIALIST.—Not 
later than July 31, 2005, the Secretary 
shall, in coordination with the Secretary 
of Homeland Security, identify 100 of 
such posts that experience the greatest 
frequency of presentation of fraudulent 
documents by visa applicants. The Sec-
retary 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 re-
lated activity in connection with identifica-
tion documents and information, is amend-
ed— 
(1) in subsection (b)(1)(A)(i), by strik-
ing ‘‘issued by or under the authority of 
the United States’’ and inserting the fol-
lowing: ‘‘as described in subsection (d)’’; 
(2) in subsection (b)(2), by striking 
‘‘three years’’ and inserting ‘‘six years’’;
1421 
(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: ‘‘Gov-
ernment, a State, political subdivision of 
a State, a foreign government, political 
subdivision of a foreign government, an 
international governmental or an inter-
national 
quasi-governmental 
organiza-
tion,’’. 
SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITI-
ZENSHIP. 
Section 1015 of title 18, United States 
Code, is amended— 
(1) by striking the dash at the end of 
subsection (f) and inserting ‘‘; or’’; and 
(2) by inserting after subsection (f) 
the following: 
‘‘(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—’’.
1422 
SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF THE 
DEPARTMENT OF STATE. 
(a) 
LIMITATION.—Notwithstanding 
any 
other provision of law, the Secretary of State 
shall ensure, subject to subsection (b), that 
the Antiterrorism Assistance Training (ATA) 
program of the Department of State (or any 
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 rel-
evant provisions of law) is carried out pri-
marily to provide training to host nation secu-
rity services for the specific purpose of ensur-
ing the physical security and safety of United 
States Government facilities and personnel 
abroad (as well as foreign dignitaries and 
training related to the protection of such dig-
nitaries), including security detail training 
and offenses related to passport or visa fraud. 
(b) EXCEPTION.—The limitation contained 
in subsection (a) shall not apply, and the Sec-
retary of State may expand the ATA program 
to include other types of antiterrorism assist-
ance training, if the Secretary first consults 
with the Attorney General and provides writ-
1423 
ten notification of such proposed expansion 
to the appropriate congressional committees. 
(c) DEFINITION.—In this section, the term 
‘‘appropriate 
congressional 
committees’’ 
means— 
(1) the Committee on International 
Relations and the Committee on the Judi-
ciary of the House of Representatives; 
and 
(2) the Committee on Foreign Rela-
tions 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 fol-
lowing: 
(1) 
International 
terrorists 
travel 
across international borders to raise 
funds, recruit members, train for oper-
ations, escape capture, communicate, and 
plan and carry out attacks. 
(2) The international terrorists who 
planned and carried out the attack on
1424 
the World Trade Center on February 26, 
1993, the attack on the embassies of the 
United States in Kenya and Tanzania on 
August 7, 1998, the attack on the USS 
Cole on October 12, 2000, and the attack 
on the World Trade Center and the Pen-
tagon 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 An-
geles International Airport on December 
31, 1999, traveled across international 
borders to plan and carry out these at-
tacks. 
(4) Many of the international terror-
ists who planned and carried out large- 
scale attacks against foreign targets, in-
cluding the attack in Bali, Indonesia, on 
October 11, 2002, and the attack in Ma-
drid, Spain, on March 11, 2004, traveled
1425 
across international borders to plan and 
carry out these attacks. 
(5) 
Throughout 
the 
1990s, 
inter-
national terrorists, including those in-
volved 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 An-
geles International Airport on December 
31, 1999, traveled on fraudulent passports 
and often had more than one passport. 
(6) Two of the September 11, 2001, hi-
jackers were carrying passports that had 
been manipulated in a fraudulent man-
ner and several other hijackers whose 
passports did not survive the attacks on 
the World Trade Center and Pentagon 
were likely to have carried passports that 
were similarly manipulated. 
(7) The National Commission on Ter-
rorist Attacks upon the United States, 
(commonly referred to as the 9/11 Com-
mission), stated that ‘‘Targeting travel is 
at least as powerful a weapon against ter-
rorists as targeting their money.’’.
1426 
(b) INTERNATIONAL AGREEMENTS TO TRACK 
AND CURTAIL TERRORIST TRAVEL.— 
(1) 
INTERNATIONAL
AGREEMENT
ON 
LOST, STOLEN, OR FALSIFIED DOCUMENTS.— 
The President shall lead efforts to track 
and curtail the travel of terrorists by sup-
porting the drafting, adoption, and imple-
mentation of international agreements, 
and by supporting the expansion of exist-
ing international agreements, to track 
and stop international travel by terror-
ists and other criminals through the use 
of lost, stolen, or falsified documents to 
augment existing United Nations and 
other international anti-terrorism efforts. 
(2) 
CONTENTS
OF
INTERNATIONAL 
AGREEMENT.—The President shall seek, in 
the appropriate fora, the drafting, adop-
tion, 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 purposes of 
preventing the undetected travel of
1427 
persons using such passports and 
other travel documents that were ob-
tained improperly; 
(B) the establishment and imple-
mentation of a real-time verification 
system of passports and other travel 
documents with issuing authorities; 
(C) the assumption of an obliga-
tion by countries that are parties to 
the agreement to share with officials 
at ports of entry in any such country 
information relating to lost, stolen, 
and fraudulent passports and other 
travel documents; 
(D) the assumption of an obliga-
tion by countries that are parties to 
the agreement— 
(i) to criminalize— 
(I) 
the 
falsification 
or 
counterfeiting of travel docu-
ments or breeder documents 
for any purpose; 
(II) the use or attempted 
use of false documents to ob-
1428 
tain a visa or cross a border 
for any purpose; 
(III) 
the 
possession 
of 
tools or implements used to 
falsify 
or 
counterfeit 
such 
documents; 
(IV) 
the 
trafficking 
in 
false or stolen travel docu-
ments and breeder documents 
for any purpose; 
(V) the facilitation of trav-
el by a terrorist; and 
(VI) attempts to commit, 
including conspiracies to com-
mit, 
the 
crimes 
specified 
above; 
(ii) to impose significant pen-
alties so as to appropriately pun-
ish 
violations 
and 
effectively 
deter these crimes; and 
(iii) to limit the issuance of 
citizenship 
papers, 
passports, 
identification documents, and the 
like to persons whose identity is 
proven to the issuing authority,
1429 
who have a bona fide entitlement 
to or need for such documents, 
and who are not issued such doc-
uments principally on account of 
a disproportional payment made 
by them or on their behalf to the 
issuing authority; 
(E) the provision of technical as-
sistance to State Parties to help them 
meet their obligations under the con-
vention; 
(F) the establishment and imple-
mentation of a system of self-assess-
ments and peer reviews to examine 
the degree of compliance with the 
convention; and 
(G) an agreement that would per-
mit immigration 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 pass-
port, and for the detention and inves-
tigation of such traveler upon the re-
1430 
turn of the traveler to the sending 
country. 
(3) INTERNATIONAL CIVIL AVIATION OR-
GANIZATION.—The United States shall lead 
efforts to track and curtail the travel of 
terrorists by supporting efforts at the 
International Civil Aviation Organization 
to continue to strengthen the security 
features of passports and other travel 
documents. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than one 
year after the date of the enactment of 
this Act, and at least annually thereafter, 
the President shall submit to the appro-
priate congressional committees a report 
on progress toward achieving the goals 
described in subsection (b). 
(2) TERMINATION.—Paragraph (1) shall 
cease to be effective when the President 
certifies to the Committee on Inter-
national Relations of the House of Rep-
resentatives and the Committee on For-
eign Relations of the Senate that the
1431 
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 con-
vention for translating Arabic names en-
abled some of the 19 hijackers 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 ter-
rorist watchlist systems and to make 
more difficult any potential efforts to lo-
cate them; and 
(2) although the development and uti-
lization of terrorist watchlist systems 
using biometric identifiers will be help-
ful, the full development and utilization 
of such systems will take several years, 
and name-based terrorist watchlist sys-
tems will always be useful.
1432 
(b) SENSE OF CONGRESS.—It is the sense of 
Congress that the President should seek to 
enter into an international agreement to mod-
ernize and improve standards for the trans-
lation 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 National Commission on Terrorist At-
tacks Upon the United States, Congress finds 
that completing a biometric entry and exit 
data system as expeditiously as possible is an 
essential investment in efforts to protect the 
United States by preventing the entry of ter-
rorists. 
(b) PLAN AND REPORT.— 
(1) DEVELOPMENT OF PLAN.—The Sec-
retary of Homeland Security shall de-
velop a plan to accelerate the full imple-
mentation of an automated biometric 
entry and exit data system required by 
applicable sections of—
1433 
(A) the Illegal Immigration Re-
form and Immigrant Responsibility 
Act of 1996 (Public Law 104–208); 
(B) the Immigration and Natu-
ralization Service Data Management 
Improvement Act of 2000 (Public Law 
106–205); 
(C) the Visa Waiver Permanent 
Program Act (Public Law 106–396); 
(D) the Enhanced Border Security 
and Visa Entry Reform Act of 2002 
(Public Law 107–173); and 
(E) the Uniting and Strengthening 
America by Providing Appropriate 
Tools Required to Intercept and Ob-
struct 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 developed under 
paragraph (1), which shall contain— 
(A) a description of the current 
functionality of the entry and exit 
data system, including—
1434 
(i) a listing of ports of entry 
with biometric entry data systems 
in use and whether such screen-
ing systems are located at pri-
mary 
or 
secondary 
inspection 
areas; 
(ii) a listing of ports of entry 
with biometric exit data systems 
in use; 
(iii) a listing of databases and 
data systems with which the auto-
mated entry and exit data system 
are interoperable; 
(iv) a description of— 
(I) identified deficiencies 
concerning the accuracy or 
integrity of the information 
contained in the entry and 
exit data system; 
(II) identified deficiencies 
concerning technology associ-
ated with processing individ-
uals through the system; and 
(III) programs or policies 
planned or implemented to
1435 
correct problems identified in 
subclause (I) or (II); and 
(v) an assessment of the effec-
tiveness of the entry and exit data 
system in fulfilling its intended 
purposes, 
including 
preventing 
terrorists 
from 
entering 
the 
United States; 
(B) a description of factors rel-
evant to the accelerated implementa-
tion of the biometric entry and exit 
system, including— 
(i) the earliest date on which 
the Secretary estimates that full 
implementation of the biometric 
entry and exit data system can be 
completed; 
(ii) the actions the Secretary 
will take to accelerate the full im-
plementation 
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
1436 
(iii) the resources and au-
thorities required to enable the 
Secretary to meet the implemen-
tation date described in clause (i); 
(C) a description of any improve-
ments needed in the information 
technology employed for the entry 
and exit data system; and 
(D) a description of plans for im-
proved 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 Secretary shall integrate the 
biometric entry and exit data system with all 
databases and data systems maintained by 
the United States Citizenship and Immigra-
tion Services that process or contain informa-
tion on aliens. 
(d) MAINTAINING ACCURACY AND INTEGRITY 
OF ENTRY AND EXIT DATA SYSTEM.— 
(1) IN
GENERAL.—The Secretary, in 
consultation 
with 
other 
appropriate 
agencies, shall establish rules, guidelines, 
policies, and operating and auditing pro-
1437 
cedures for collecting, removing, and up-
dating data maintained in, and adding in-
formation to, the entry and exit data sys-
tem, and databases and data systems 
linked to the entry and exit data system, 
that ensure the accuracy and integrity of 
the data. 
(2) REQUIREMENTS.—The rules, guide-
lines, policies, and procedures estab-
lished under paragraph (1) shall— 
(A) incorporate a simple and time-
ly method for— 
(i) correcting errors; and 
(ii) 
clarifying 
information 
known to cause false hits or 
misidentification errors; and 
(B) include procedures for indi-
viduals to seek corrections of data 
contained in the data systems. 
(e) EXPEDITING
REGISTERED
TRAVELERS 
ACROSS INTERNATIONAL BORDERS.— 
(1) FINDINGS.—Consistent with the re-
port of the National Commission on Ter-
rorist Attacks Upon the United States, 
Congress finds that—
1438 
(A) expediting the travel of pre-
viously screened and known travelers 
across the borders of the United 
States should be a high priority; and 
(B) the process of expediting 
known travelers across the border 
can permit inspectors to better focus 
on identifying terrorists attempting 
to enter the United States. 
(2) DEFINITION.—The term ‘‘registered 
traveler program’’ means any program 
designed to expedite the travel of pre-
viously screened and known travelers 
across the borders of the United States. 
(3) REGISTERED TRAVEL PLAN.— 
(A) IN
GENERAL.—As soon as is 
practicable, the Secretary shall de-
velop and implement a plan to expe-
dite the processing of registered trav-
elers who enter and exit the United 
States through a single registered 
traveler program. 
(B) INTEGRATION.—The registered 
traveler program developed under 
this paragraph shall be integrated
1439 
into the automated biometric entry 
and exit data system described in this 
section. 
(C) REVIEW
AND
EVALUATION.—In 
developing the program under this 
paragraph, the Secretary shall— 
(i) review existing programs 
or pilot projects designed to expe-
dite the travel of registered trav-
elers 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 pro-
grams; and 
(iii) increase research and de-
velopment efforts to accelerate 
the development and implementa-
tion 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
1440 
Congress a report describing the Depart-
ment’s progress on the development and 
implementation of the plan required by 
this subsection. 
(f) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to 
the Secretary, for each of the fiscal years 2005 
through 2009, such sums as may be necessary 
to carry out the provisions of this section. 
SEC. 3091. ENHANCED RESPONSIBILITIES OF THE COORDI-
NATOR FOR counterterrorism. 
(a) DECLARATION OF UNITED STATES POL-
ICY.—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 pol-
icy; and 
(2) ensure that the information relat-
ing to individuals who help facilitate ter-
rorist travel by creating false passports, 
visas, documents used to obtain such 
travel documents, and other documents 
are fully shared within the United States 
Government and, to the extent possible,
1441 
with and from foreign governments, in 
order to initiate United States and for-
eign prosecutions of such individuals. 
(b) AMENDMENT.—Section 1(e)(2) of the 
State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a(e)(2)) is amended by 
adding at the end the following: 
‘‘(C) ADDITIONAL
DUTIES
RELATING 
TO TERRORIST TRAVEL.—In addition to 
the principal duties of the Coordi-
nator described in subparagraph (B), 
the Coordinator shall analyze meth-
ods used by terrorists to travel inter-
nationally, develop policies with re-
spect to curtailing terrorist travel, 
and coordinate such policies with the 
appropriate bureaus and other enti-
ties of the Department of State, other 
United States Government agencies, 
the Human Trafficking and Smug-
gling Center, and foreign govern-
ments.’’.
1442 
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 section referred to 
as the ‘‘Office’’). 
(b) HEAD OF OFFICE.— 
(1) IN GENERAL.—Notwithstanding any 
other provision of law, the head of the Of-
fice shall be an individual who shall have 
the rank and status of Deputy Assistant 
Secretary of State for Diplomatic Secu-
rity (in this section referred to as the 
‘‘Deputy Assistant Secretary’’). 
(2) RECRUITMENT.—The Under Sec-
retary of State for Management shall 
chose the Deputy Assistant Secretary 
from among individuals who are Diplo-
matic Security Agents. 
(3) QUALIFICATIONS.—The Diplomatic 
Security Agent chosen to serve as the 
Deputy Assistant Secretary shall have ex-
pertise and experience in investigating 
and prosecuting visa and passport fraud.
1443 
(c) DUTIES.— 
(1) PREPARATION OF STRATEGIC PLAN.— 
(A) IN GENERAL.—The Deputy As-
sistant 
Secretary, 
in 
coordination 
with the appropriate officials of the 
Department of Homeland Security, 
shall ensure the preparation of a stra-
tegic plan to target and disrupt indi-
viduals and organizations at home 
and in foreign countries that are in-
volved in the fraudulent production, 
distribution, use, or other similar ac-
tivity— 
(i) of a United States visa or 
United States passport; 
(ii) of documents intended to 
help 
fraudulently 
procure 
a 
United 
States 
visa 
or 
United 
States passport, or other docu-
ments intended to gain unlawful 
entry into the United States; or 
(iii) of passports and visas 
issued by foreign countries in-
tended to gain unlawful entry 
into the United States.
1444 
(B) EMPHASIS.—Such plan shall— 
(i) focus particular emphasis 
on individuals and organizations 
that may have links to domestic 
terrorist organizations or foreign 
terrorist organizations (as such 
term is defined in Section 219 of 
the Immigration and Nationality 
Act (8 U.S.C. 1189)); 
(ii) require the development 
of a strategic training course 
under the Antiterrorism Assist-
ance Training (ATA) program of 
the Department of State (or any 
successor 
or 
related 
program) 
under chapter 8 of part II of the 
Foreign Assistance Act of 1961 (22 
U.S.C. 2349aa et seq.) (or other 
relevant provisions of law) to 
train participants in the identi-
fication of fraudulent documents 
and the forensic detection of such 
documents which may be used to 
obtain unlawful entry into the 
United States; and
1445 
(iii) determine the benefits 
and costs of providing technical 
assistance to foreign governments 
to ensure the security of pass-
ports, visas, and related docu-
ments and to investigate, arrest, 
and prosecute individuals who fa-
cilitate travel by the creation of 
false passports and visas, docu-
ments to obtain such passports 
and visas, and other types of trav-
el documents. 
(2) DUTIES
OF
OFFICE.—The Office 
shall have the following duties: 
(A) ANALYSIS
OF
METHODS.—Ana-
lyze methods used by terrorists to 
travel 
internationally, 
particularly 
the use of false or altered travel docu-
ments to illegally enter foreign coun-
tries and the United States, and ad-
vise the Bureau of Consular Affairs 
on changes to the visa issuance proc-
ess that could combat such methods, 
including the introduction of new 
technologies into such process.
1446 
(B) IDENTIFICATION OF INDIVIDUALS 
AND DOCUMENTS.—Identify, in coopera-
tion with the Human Trafficking and 
Smuggling Center, individuals who 
facilitate travel by the creation of 
false passports and visas, documents 
used to obtain such passports and 
visas, and other types of travel docu-
ments, and ensure that the appro-
priate agency is notified for further 
investigation and prosecution or, in 
the case of such individuals abroad 
for which no further investigation or 
prosecution is initiated, ensure that 
all appropriate information is shared 
with foreign governments in order to 
facilitate investigation, arrest, and 
prosecution of such individuals. 
(C) 
IDENTIFICATION
OF
FOREIGN 
COUNTRIES NEEDING ASSISTANCE.—Iden-
tify foreign countries that need tech-
nical assistance, such as law reform, 
administrative reform, prosecutorial 
training, or assistance to police and 
other investigative services, to ensure
1447 
passport, visa, and related document 
security and to investigate, arrest, 
and prosecute individuals who facili-
tate travel by the creation of false 
passports and visas, documents used 
to obtain such passports and visas, 
and other types of travel documents. 
(D) INSPECTION OF APPLICATIONS.— 
Randomly inspect visa and passport 
applications for accuracy, efficiency, 
and fraud, especially at high terrorist 
threat posts, in order to prevent a re-
currence of the issuance of visas to 
those who submit incomplete, fraudu-
lent, or otherwise irregular or incom-
plete applications. 
(3) REPORT.—Not later than 90 days 
after the date of the enactment of this 
Act, the Deputy Assistant Secretary shall 
submit to Congress a report containing— 
(A) a description of the strategic 
plan prepared under paragraph (1); 
and 
(B) an evaluation of the feasibility 
of establishing civil service positions
1448 
in field offices of the Bureau of Diplo-
matic Security to investigate visa and 
passport fraud, including an evalua-
tion of whether to allow diplomatic 
security 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 dis-
semination of terrorist travel intelligence 
and operational information among the 
appropriate agencies within the Depart-
ment of Homeland Security, including the 
Bureau of Customs and Border Protec-
tion, the Bureau of Immigration and Cus-
toms Enforcement, the Bureau of Citizen-
ship 
and 
Immigration 
Services, 
the 
Transportation Security Administration, 
the Coast Guard, and other agencies as 
directed by the Secretary; and 
(2) ensure the sharing of terrorist 
travel intelligence and operational infor-
mation with the Department of State, the
1449 
National counterterrorism Center, and 
other appropriate Federal agencies. 
SEC. 3102. TERRORIST TRAVEL PROGRAM. 
The Secretary of Homeland Security, in 
consultation with the Director of the National 
counterterrorism Center, shall establish a 
program to— 
(1) analyze and utilize information 
and intelligence regarding terrorist trav-
el tactics, patterns, trends, and practices; 
and 
(2) disseminate that information to all 
front-line Department of Homeland Secu-
rity 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 in-
dividuals at United States embassies and 
consulates. 
SEC. 3103. TRAINING PROGRAM. 
(a) REVIEW, EVALUATION, AND REVISION OF 
EXISTING TRAINING PROGRAMS.—The Secretary 
of Homeland Security shall— 
(1) review and evaluate the training 
currently provided to Department of
1450 
Homeland Security personnel and, in 
consultation with the Secretary of State, 
relevant Department of State personnel 
with respect to travel and identity docu-
ments, and techniques, patterns, and 
trends associated with terrorist travel; 
and 
(2) develop and implement a revised 
training program for border, immigra-
tion, and consular officials in order to 
teach such officials how to effectively de-
tect, intercept, and disrupt terrorist trav-
el. 
(b) REQUIRED
TOPICS
OF
REVISED
PRO-
GRAMS.—The 
training 
program 
developed 
under subsection (a)(2) shall include training 
in the following areas: 
(1) Methods for identifying fraudulent 
and genuine travel documents. 
(2) Methods for detecting terrorist in-
dicators on travel documents and other 
relevant identity documents. 
(3) Recognizing travel patterns, tac-
tics, and behaviors exhibited by terror-
ists.
1451 
(4) Effectively utilizing information 
contained in databases and data systems 
available to the Department of Homeland 
Security. 
(5) Other topics determined to be ap-
propriate by the Secretary of Homeland 
Security in consultation with the Sec-
retary of State or the National Intel-
ligence Director. 
SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINA-
TION PLAN. 
(a) PLAN REQUIRED.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary of 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 
Department of State acquire and deploy, to all 
consulates, ports of entry, and immigration 
benefits offices, technologies that facilitate 
document authentication and the detection of 
potential terrorist indicators on travel docu-
ments. 
(b) INTEROPERABILITY
REQUIREMENT.—To 
the extent possible, technologies to be ac-
1452 
quired 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 gen-
uine documents. 
(c) PASSPORT SCREENING.—The plan shall 
address the feasibility of using such tech-
nologies to screen passports submitted for 
identification purposes to a United States 
consular, border, or immigration official. 
Subtitle E—Maritime Security 
Requirements 
SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARI-
TIME SECURITY REQUIREMENTS. 
(a) NATIONAL MARITIME TRANSPORTATION 
SECURITY PLAN.—Section 70103(a) of the 46, 
United States Code, is amended by striking 
‘‘The Secretary’’ and inserting ‘‘Not later than 
December 31, 2004, the Secretary’’. 
(b) FACILITY AND VESSEL VULNERABILITY AS-
SESSMENTS.—Section 70102(b)(1) of the 46, 
United States Code, is amended by striking ‘‘, 
the Secretary’’ and inserting ‘‘and by not later 
than December 31, 2004, the Secretary’’.
1453 
(c) TRANSPORTATION SECURITY CARD REGU-
LATIONS.—Section 70105(a) of the 46, United 
States Code, is amended by striking ‘‘The Sec-
retary’’ and inserting ‘‘Not later than Decem-
ber 31, 2004, the Secretary’’. 
TITLE IV—INTERNATIONAL CO-
OPERATION AND COORDINA-
TION 
Subtitle A—Attack Terrorists and 
Their Organizations 
CHAPTER 1—PROVISIONS RELATING TO 
TERRORIST SANCTUARIES 
SEC. 4001. UNITED STATES POLICY ON TERRORIST SANC-
TUARIES. 
It is the sense of Congress that it should 
be the policy of the United States— 
(1) to identify and prioritize foreign 
countries that are or that could be used 
as terrorist sanctuaries; 
(2) to assess current United States re-
sources being provided to such foreign 
countries; 
(3) to develop and implement a co-
ordinated strategy to prevent terrorists
1454 
from using such foreign countries as 
sanctuaries; and 
(4) to work in bilateral and multilat-
eral fora to prevent foreign countries 
from being used as terrorist sanctuaries. 
SEC. 4002. REPORTS ON TERRORIST SANCTUARIES. 
(a) INITIAL REPORT.— 
(1) IN
GENERAL.—Not later than 90 
days after the date of the enactment of 
this Act, the President shall transmit to 
Congress a report that describes a strat-
egy for addressing and, where possible, 
eliminating terrorist sanctuaries. 
(2) CONTENT.—The report required 
under this subsection shall include the 
following: 
(A) A list that prioritizes each ac-
tual and potential terrorist sanctuary 
and a description of activities in the 
actual and potential sanctuaries. 
(B) An outline of strategies for 
preventing the use of, disrupting, or 
ending the use of such sanctuaries. 
(C) A detailed description of ef-
forts, including an assessment of suc-
1455 
cesses and setbacks, 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 dis-
rupt or eliminate the security pro-
vided to terrorists by each such sanc-
tuary. 
(D) A description of long-term 
goals and actions designed to reduce 
the conditions that allow the forma-
tion of terrorist sanctuaries. 
(b) SUBSEQUENT REPORTS.— 
(1) REQUIREMENT
OF
REPORTS.—Sec-
tion 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 
subpara-
graphs (A) through (C) as clauses (i) 
through (iii), respectively; 
(C) in subparagraph (A)(iii) (as re-
designated), by adding ‘‘and’’ at the 
end; and
1456 
(D) by adding at the end the fol-
lowing: 
‘‘(B) detailed assessments with re-
spect to each foreign country whose ter-
ritory is being used or could potentially 
be used as a sanctuary for terrorists or 
terrorist organizations;’’. 
(2) PROVISIONS TO BE INCLUDED IN RE-
PORT.—Section 140(b) of such Act (22 
U.S.C. 2656f(b)) is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding 
subparagraph 
(A), 
by 
striking 
‘‘subsection (a)(1)’’ and inserting 
‘‘subsection (a)(1)(A)’’; and 
(ii) by striking ‘‘and’’ at the 
end; 
(B) by redesignating paragraph 
(2) as paragraph (3); 
(C) by inserting after paragraph 
(1) the following: 
‘‘(2) 
with 
respect 
to 
subsection 
(a)(1)(B)— 
‘‘(A) the extent of knowledge by 
the government of the country with
1457 
respect to terrorist activities in the 
territory of the country; and 
‘‘(B) the actions by the country— 
‘‘(i) to eliminate each terrorist 
sanctuary in the territory of the 
country; 
‘‘(ii) to cooperate with United 
States antiterrorism efforts; and 
‘‘(iii) to prevent the prolifera-
tion of and trafficking in weapons 
of 
mass 
destruction 
in 
and 
through the territory of the coun-
try;’’; 
(D) by striking the period at the 
end of paragraph (3) (as redesig-
nated) and inserting a semicolon; and 
(E) by inserting after paragraph 
(3) (as redesignated) the following: 
‘‘(4) a strategy for addressing and, 
where 
possible, 
eliminating 
terrorist 
sanctuaries that shall include— 
‘‘(A) a description of actual and 
potential terrorist sanctuaries, to-
gether with an assessment of the pri-
1458 
orities of addressing and eliminating 
such sanctuaries; 
‘‘(B) an outline of strategies for 
disrupting or eliminating the security 
provided to terrorists by such sanc-
tuaries; 
‘‘(C) a description of efforts by the 
United States to work with other 
countries in bilateral and multilateral 
fora to address or eliminate actual or 
potential terrorist sanctuaries and 
disrupt or eliminate the security pro-
vided to terrorists by such sanc-
tuaries; and 
‘‘(D) a description of long-term 
goals and actions designed to reduce 
the conditions that allow the forma-
tion of terrorist sanctuaries; 
‘‘(5) an update of the information con-
tained in the report required to be trans-
mitted to Congress pursuant to section 
4002(a)(2) of the 9/11 Recommendations 
Implementation Act; 
‘‘(6) to the extent practicable, com-
plete statistical information on the num-
1459 
ber 
of 
individuals, 
including 
United 
States citizens and dual nationals, killed, 
injured, or kidnapped by each terrorist 
group during the preceding calendar 
year; and 
‘‘(7) an analysis, as appropriate, relat-
ing to trends in international terrorism, 
including changes in technology used, 
methods and targets of attacks, demo-
graphic information on terrorists, and 
other appropriate 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 period at the end and inserting a 
semicolon; and 
(C) by adding at the end the fol-
lowing: 
‘‘(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 
‘sanctuary’ means an area in the territory
1460 
of a country that is used by a terrorist 
group with the express or implied con-
sent of the government of the country— 
‘‘(A) to carry out terrorist activi-
ties, including training, fundraising, 
financing, recruitment, and education 
activities; or 
‘‘(B) to provide transit through 
the country.’’. 
(4) EFFECTIVE DATE.—The amendments 
made by paragraphs (1), (2), and (3) apply 
with respect to the report required to be 
transmitted under section 140 of the For-
eign 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 Ex-
port Administration Act of 1979 (50 U.S.C. 
App. 2405(j)) is amended— 
(1) in paragraph (1)— 
(A) 
by 
redesignating 
subpara-
graph (B) as subparagraph (C); and
1461 
(B) by inserting after subpara-
graph (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 ‘‘sub-
paragraph (A) or (B) of paragraph (1)’’; 
(3) by redesignating paragraph (5) as 
paragraph (6); 
(4) by inserting after paragraph (4) 
the following: 
‘‘(5) A determination made by the Sec-
retary of State under paragraph (1)(B) may 
not be rescinded unless the President submits 
to the Speaker of the House of Representa-
tives and the chairman of the Committee on 
Banking, Housing, and Urban Affairs and the 
chairman of the Committee on Foreign Rela-
tions of the Senate before the proposed rescis-
sion would take effect a report certifying that 
the government of the country concerned — 
‘‘(A) is taking concrete, verifiable 
steps to eliminate each terrorist sanc-
tuary in the territory of the country;
1462 
‘‘(B) is cooperating with United States 
antiterrorism efforts; and 
‘‘(C) is taking all appropriate actions 
to prevent the proliferation of and traf-
ficking in weapons of mass destruction in 
and through the territory of the coun-
try.’’; and 
(5) by inserting after paragraph (6) 
(as redesignated) the following: 
‘‘(7) In this subsection— 
‘‘(A) the term ‘territory of the country’ 
means the land, waters, and airspace of 
the country; and 
‘‘(B) the term ‘terrorist sanctuary’ or 
‘sanctuary’ means an area in the territory 
of a country that is used by a terrorist 
group with the express or implied con-
sent of the government of the country— 
‘‘(i) to carry out terrorist activi-
ties, including training, fundraising, 
financing, recruitment, and education 
activities; or 
‘‘(ii) to provide transit through 
the country.’’.
1463 
(b) IMPLEMENTATION.—The President shall 
implement the amendments made by sub-
section (a) by exercising the authorities the 
President has under the International Emer-
gency 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 Decem-
ber 31, 2004, the Secretary of State shall ap-
point individuals to the Arms Control and 
Nonproliferation Advisory Board to fill all va-
cancies 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 the Committee on Inter-
national Relations of the House of Represent-
atives and the Committee on Foreign Rela-
tions of the Senate.
1464 
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 Inter-
national Security shall instruct the Arms 
Control and Nonproliferation Advisory 
Board (in this section referred to as the 
‘‘Advisory Board’’) to carry out a review 
of existing policies of the United States 
relating to the proliferation of weapons 
of mass destruction and the control of 
strategic weapons. 
(2) 
COMPONENTS.—The 
review 
re-
quired under this subsection shall con-
tain at a minimum the following: 
(A) An identification of all major 
deficiencies in existing United States 
policies relating to the proliferation 
of weapons of mass destruction and 
the control of strategic weapons. 
(B) 
Proposals 
that 
contain 
a 
range of options that if implemented 
would adequately address any signifi-
1465 
cant threat deriving from the defi-
ciencies 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 Undersecre-
tary of State for Arms Control and Inter-
national Security an interim report that 
contains the initial results of the review 
carried out pursuant to subsection (a). 
(2) FINAL REPORT.—Not later than De-
cember 1, 2005, the Advisory Board shall 
prepare and submit to the Undersecre-
tary of State for Arms Control and Inter-
national Security, and to the Committee 
on International Relations of the House 
of Representatives and the Committee on 
Foreign Relations of the Senate, a final 
report that contains the comprehensive 
results of the review carried out pursu-
ant to subsection (a). 
(c) EXPERTS
AND CONSULTANTS.—In car-
rying out this section, the Advisory Board
1466 
may procure temporary and intermittent 
services of experts and consultants, including 
experts and consultants from nongovern-
mental organizations, under section 3109(b) of 
title 5, United States Code. 
(d) FUNDING AND OTHER RESOURCES.—The 
Secretary of State shall provide to the Advi-
sory Board an appropriate 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 Authorities Act of 1956 (22 U.S.C. 
2651a(e)(2)), as amended by section 3091(b), is 
further amended by adding at the end the fol-
lowing: 
‘‘(D) ADDITIONAL
DUTIES
RELATING 
TO
INTERNATIONAL
AGREEMENTS
TO 
INTERDICT ACTS OF INTERNATIONAL TER-
RORISM.— 
‘‘(i) IN
GENERAL.—In addition 
to the principal duties of the Co-
ordinator described in subpara-
graph (B), the Coordinator, in
1467 
consultation with relevant United 
States Government agencies, shall 
seek to negotiate on a bilateral 
basis 
international 
agreements 
under which parties to an agree-
ment work in partnership to ad-
dress and interdict acts of inter-
national terrorism. 
‘‘(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 
compliance with United 
Nations Security Council 
Resolution 
1373 
(Sep-
tember 28, 2001), other ap-
propriate 
international 
agreements 
relating 
to 
antiterrorism 
measures, 
and 
such 
other 
appro-
priate criteria relating to 
antiterrorism measures;
1468 
‘‘(bb) should sign and 
adhere 
to 
a 
‘counter-
terrorism Pledge’ and a 
list of ‘Interdiction Prin-
ciples’, to be determined 
by 
the 
parties 
to 
the 
agreement; 
‘‘(cc) should identify 
assets and agree to multi-
lateral efforts that maxi-
mizes 
the 
country’s 
strengths and resources to 
address and interdict acts 
of international terrorism 
or the financing of such 
acts; 
‘‘(dd) should agree to 
joint 
training 
exercises 
among the other parties to 
the agreement; and 
‘‘(ee) should agree to 
the negotiation and imple-
mentation of other rel-
evant international agree-
ments 
and 
consensus-
1469 
based international stand-
ards; and 
‘‘(II) 
an 
international 
agreement 
referred 
to 
in 
clause (i) should contain pro-
visions that require the par-
ties to the agreement— 
‘‘(aa) to identify re-
gions 
throughout 
the 
world that are emerging 
terrorist threats; 
‘‘(bb) to establish ter-
rorism interdiction cen-
ters in such regions and 
other regions, as appro-
priate; 
‘‘(cc) 
to 
deploy 
ter-
rorism prevention teams 
to such regions, including 
United States-led teams; 
and 
‘‘(dd) to integrate in-
telligence, 
military, 
and 
law 
enforcement 
per-
sonnel from countries that
1470 
are parties to the agree-
ment in order to work di-
rectly with the regional 
centers described in item 
(bb) and regional teams 
described 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 Presi-
dent should pursue by all appropriate diplo-
matic means with countries that are partici-
pating in the Coalition to fight terrorism the 
development of an effective approach toward 
the detention and humane treatment of cap-
tured terrorists. The effective approach re-
ferred to in this section may, as appropriate, 
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). 
SEC. 4015. SENSE OF CONGRESS AND REPORT REGARDING 
COUNTER-DRUG EFFORTS IN AFGHANISTAN. 
(a) SENSE OF CONGRESS.—It is the sense of 
Congress that—
1471 
(1) the President should make the 
substantial reduction of illegal drug pro-
duction and trafficking in Afghanistan a 
priority in the Global War on Terrorism; 
(2) the Secretary of Defense, in co-
ordination with the Secretary of State 
and the heads of other appropriate Fed-
eral agencies, should expand cooperation 
with the Government of Afghanistan and 
international organizations involved in 
counter-drug activities to assist in pro-
viding 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 ad-
ditional efforts to reduce illegal drug 
trafficking and related activities that 
provide financial support for terrorist or-
ganizations in Afghanistan and neigh-
boring countries. 
(b) REPORT REQUIRED.—(1) The Secretary 
of Defense and the Secretary of State shall 
jointly prepare a report that describes—
1472 
(A) the progress made towards sub-
stantially reducing poppy cultivation and 
heroin production capabilities in Afghan-
istan; and 
(B) the extent to which profits from 
illegal drug activity in Afghanistan are 
used to financially support terrorist orga-
nizations and groups seeking to under-
mine 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 coordination with all appropriate Federal 
agencies, shall submit to the Committee on 
International Relations of the House of Rep-
resentatives and the Committee on Foreign 
Relations of the Senate an annual assessment
1473 
of the impact of public diplomacy efforts on 
target audiences. Each assessment shall re-
view the United States public diplomacy 
strategy worldwide and by region, including 
an examination of the allocation of resources 
and an evaluation and assessment of the 
progress in, and barriers to, achieving the 
goals set forth under previous plans sub-
mitted under this section. Not later than 
March 15 of every year, the Secretary shall 
submit the assessment required by this sub-
section. 
(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 submis-
sion, 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:
1474 
(1) The Foreign Service should re-
cruit individuals with expertise and pro-
fessional experience in public diplomacy. 
(2) United States chiefs of mission 
should have a prominent role in the for-
mulation of public diplomacy strategies 
for the countries and regions to which 
they are assigned and should be account-
able for the operation and success of pub-
lic diplomacy efforts at their posts. 
(3) Initial and subsequent training of 
Foreign Service officers should be en-
hanced to include information and train-
ing on public diplomacy and the tools 
and technology of mass communication. 
(b) PERSONNEL.— 
(1) QUALIFICATIONS.—In the recruit-
ment, training, and assignment of mem-
bers of the Foreign Service, the Secretary 
of State shall emphasize the importance 
of public diplomacy and applicable skills 
and techniques. The Secretary shall con-
sider the priority recruitment into the 
Foreign Service, at middle-level entry, of 
individuals with expertise and profes-
1475 
sional experience in public diplomacy, 
mass communications, or journalism. The 
Secretary shall give special consideration 
to individuals with language facility and 
experience in particular countries and 
regions. 
(2) LANGUAGES OF SPECIAL INTEREST.— 
The Secretary of State shall seek to in-
crease the number of Foreign Service of-
ficers proficient in languages spoken in 
predominantly Muslim countries. Such 
increase shall be accomplished through 
the recruitment of new officers and in-
centives for officers in service. 
SEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUSLIM 
COUNTRIES. 
(a) DECLARATION OF POLICY.—Congress de-
clares that the United States should commit 
to a long-term and sustainable investment in 
promoting engagement with people of all lev-
els of society in countries with predominantly 
Muslim populations, particularly with youth 
and those who influence youth. Such an in-
vestment should make use of the talents and 
resources in the private sector and should in-
1476 
clude 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 pro-
grams should include youth exchange pro-
grams, young ambassadors programs, inter-
national visitor programs, academic and cul-
tural exchange programs, American Corner 
programs, library programs, journalist ex-
change programs, sister city programs, and 
other programs related to people-to-people di-
plomacy. 
(b) SENSE OF CONGRESS.—It is the sense of 
Congress that the United States should sig-
nificantly increase its investment in the peo-
ple-to-people programs described in sub-
section (a). 
SEC. 4024. PUBLIC DIPLOMACY REQUIRED FOR PRO-
MOTION IN FOREIGN SERVICE. 
(a) IN GENERAL.—Section 603(b) of the For-
eign Service Act of 1980 (22 U.S.C. 4003(b)) is 
amended by adding at the end the following 
new sentences: ‘‘The precepts for such selec-
tion boards shall also consider whether the 
member of the Service or the member of the
1477 
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 Sen-
ior Foreign Service if such member has not 
served in at least one such position.’’. 
(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 ef-
fectiveness at international organizations 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 rel-
evant United States chiefs of mission, shall— 
(1) continue to strongly support and 
seek to expand the work of the democ-
racy caucus at the United Nations Gen-
1478 
eral Assembly and the United Nations 
Human Rights Commission; and 
(2) seek to establish a democracy cau-
cus at the United Nations Conference on 
Disarmament and at other broad-based 
international organizations. 
(b) PURPOSES OF THE CAUCUS.—A democ-
racy caucus at an international organization 
should— 
(1) forge common positions, includ-
ing, as appropriate, at the ministerial 
level, on matters of concern before the 
organization and work within and across 
regional lines to promote agreed posi-
tions; 
(2) work to revise an increasingly out-
moded 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 president of 
the caucus, responsible for serving as its 
voice in each organization.
1479 
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 influence of the 
United States to— 
(1) where appropriate, reform the cri-
teria for leadership and, in appropriate 
cases, for membership, at all United Na-
tions bodies and at other international 
organizations and multilateral institu-
tions to which the United States is a 
member so as to exclude countries that 
violate the principles of the specific orga-
nization; 
(2) make it a policy of the United Na-
tions and other international organiza-
tions and multilateral institutions of 
which the United States is a member that 
a member country may not stand in nom-
ination for membership or in nomination 
or in rotation for a leadership position in 
such bodies if the member country is sub-
ject to sanctions imposed by the United 
Nations Security Council; and
1480 
(3) work to ensure that no member 
country stand in nomination for member-
ship, or in nomination or in rotation for 
a leadership position in such organiza-
tions, or for membership on the United 
Nations Security Council, if the member 
country is subject to a determination 
under section 6(j)(1)(A) of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 
2405(j)(1)(A)), section 620A(a) of the For-
eign Assistance Act of 1961 (22 U.S.C. 
2371(a)), or section 40(d) of the Arms Ex-
port Control Act (22 U.S.C. 2780(d)). 
(b) REPORT TO CONGRESS.—Not later than 
15 days after a country subject to a deter-
mination under one or more of the provisions 
of law specified in subsection (a)(3) is selected 
for membership or a leadership post in an 
international 
organization 
of 
which 
the 
United States is a member or for membership 
on the United Nations Security Council, the 
Secretary of State shall submit to the Com-
mittee on International Relations of the 
House of Representatives and the Committee
1481 
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 Foreign Service Act of 1980 (22 U.S.C. 
4028) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(c) TRAINING
IN
MULTILATERAL
DIPLO-
MACY.— 
‘‘(1) IN GENERAL.—The Secretary shall 
establish a series of training courses for 
officers of the Service, including appro-
priate chiefs of mission, on the conduct of 
diplomacy at international organizations 
and other multilateral institutions and at 
broad-based multilateral negotiations of 
international instruments. 
‘‘(2) PARTICULAR PROGRAMS.—The Sec-
retary shall ensure that the training de-
scribed in paragraph (1) is provided at 
various stages of the career of members 
of the service. In particular, the Sec-
retary shall ensure that after January 1, 
2006—
1482 
‘‘(A) officers of the Service receive 
training on the conduct of diplomacy 
at international organizations and 
other multilateral institutions and at 
broad-based multilateral negotiations 
of international instruments as part 
of their training upon entry into the 
Service; and 
‘‘(B) officers of the Service, in-
cluding chiefs of mission, who are as-
signed to United States missions rep-
resenting the United States to inter-
national organizations and other mul-
tilateral institutions or who are as-
signed in Washington, D.C., to posi-
tions that have as their primary re-
sponsibility formulation of policy to-
wards such organizations and institu-
tions or towards participation in 
broad-based multilateral negotiations 
of international instruments, receive 
specialized training in the areas de-
scribed in paragraph (1) prior to be-
ginning of service for such assign-
ment or, if receiving such training at
1483 
that time is not practical, within the 
first year of beginning such assign-
ment.’’. 
(b) TRAINING FOR CIVIL SERVICE EMPLOY-
EES.—The Secretary shall ensure that employ-
ees of the Department of State who are mem-
bers 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 
subsection (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 REF-
UGEE LAW AND RELIGIOUS PERSECUTION.— 
The’’. 
SEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF OF-
FICE ON MULTILATERAL NEGOTIATIONS. 
(a) ESTABLISHMENT OF OFFICE.—The Sec-
retary of State is authorized to establish, 
within the Bureau of International Organiza-
1484 
tional Affairs, an Office on Multilateral Nego-
tiations to be headed by a Special Representa-
tive for Multilateral Negotiations (in this sec-
tion referred to as the ‘‘Special Representa-
tive’’). 
(b) APPOINTMENT.—The Special Represent-
ative shall be appointed by the President and 
shall have the rank of Ambassador-at-Large. 
At the discretion of the President another of-
ficial at the Department may serve as the Spe-
cial Representative. 
(c) STAFFING.—The Special Representative 
shall have a staff of Foreign Service and civil 
service officers skilled in multilateral diplo-
macy. 
(d) DUTIES.—The Special Representative 
shall have the following responsibilities: 
(1) IN GENERAL.—The primary respon-
sibility of the Special Representative 
shall be to assist in the organization of, 
and preparation for, United States par-
ticipation in multilateral negotiations, in-
cluding advocacy efforts undertaken by 
the Department of State and other United 
States Government agencies.