2840 
ity of security screening personnel at 
screening checkpoints to detect explo-
sives.’’. 
øSEC. 2178. NEXT GENERATION SECURITY CHECKPOINT. 
ø(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. 
ø(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). 
øSEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT 
DOOR. 
ø(a) CIVIL PENALTY.—Section 46301(a) of 
title 49, United States Code, is amended by 
adding at the end the following: 
ø‘‘(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
2841 
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.’’. 
ø(b) TECHNICAL CORRECTIONS.— 
ø(1) COMPROMISE
AND
SETOFF
FOR 
FALSE
INFORMATION.—Section 46302(b) of 
such title is amended by striking ‘‘Sec-
retary of Transportation’’ and inserting 
‘‘Secretary of the Department of Home-
land Security and, for a violation relating 
to section 46504, the Secretary of Trans-
portation,’’. 
ø(2) 
CARRYING
A
WEAPON.—Section 
46303 of such title is amended— 
ø(A) in subsection (b) by striking 
‘‘Secretary of Transportation’’ and in-
serting ‘‘Secretary of Homeland Secu-
rity’’; and 
ø(B) in subsection (c)(2) by strik-
ing ‘‘Under Secretary of Transpor-
tation for Security’’ and inserting 
‘‘Secretary of Homeland Security’’.
2842 
ø(3) ADMINISTRATIVE
IMPOSITION
OF 
PENALTIES.—Section 46301(d) of such title 
is amended— 
ø(A) in the first sentence of para-
graph (2) by striking ‘‘46302, 46303,’’ 
and inserting ‘‘46302 (for a violation 
relating to section 46504),’’; and 
ø(B) in the second sentence of 
paragraph (2)— 
ø(i) by striking ‘‘Under Sec-
retary of Transportation for Secu-
rity’’ and inserting ‘‘Secretary of 
Homeland Security’’; and 
ø(ii) by striking ‘‘44909)’’ and 
inserting ‘‘44909), 46302 (except 
for a violation relating to section 
46504), 46303,’’; 
ø(C) in each of paragraphs (2), (3), 
and (4) by striking ‘‘Under Secretary 
or’’ and inserting ‘‘Secretary of Home-
land Security’’; and 
ø(D) in paragraph (4)(A) by mov-
ing clauses (i), (ii), and (iii) 2 ems to 
the left.
2843 
øSEC. 2180. FEDERAL AIR MARSHAL ANONYMITY. 
øThe 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. 
øSEC. 2181. FEDERAL LAW ENFORCEMENT counterterrorism 
TRAINING. 
ø(a) The Assistant Secretary for Immigra-
tion and Customs Enforcement and the Direc-
tor of Federal Air Marshal Service of the De-
partment of Homeland Security, in coordina-
tion with the Assistant Secretary of Homeland 
Security (Transportation Security Adminis-
tration), shall make available appropriate in- 
flight counterterrorism and weapons han-
dling procedures and tactics training to Fed-
eral law enforcement officers who fly while on 
duty. 
ø(b) The Assistant Secretary for Immigra-
tion and Customs Enforcement and the Direc-
tor of Federal Air Marshal Service of the De-
partment of Homeland Security, in coordina-
tion with the Assistant Secretary of Homeland 
Security (Transportation Security Adminis-
tration), shall ensure that Transportation Se-
2844 
curity Administration screeners and Federal 
Air Marshals receive training in identifying 
fraudulent identification documents, includ-
ing fraudulent or expired Visas and Pass-
ports. Such training shall also be made avail-
able to other Federal law enforcement agen-
cies and local law enforcement agencies lo-
cated in border states. 
øSEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CAR-
RIAGE PILOT PROGRAM. 
ø(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), 
with the concurrence of the Attorney General, 
shall implement a pilot program to allow pi-
lots participating in the Federal flight deck 
officer program to transport their firearms on 
their persons. The Assistant Secretary, in con-
sultation with the Attorney General, may pre-
scribe any training, equipment, or procedures 
including procedures for reporting of missing, 
lost or stolen firearms, that the Assistant Sec-
retary determines necessary to ensure safety 
and maximize weapon retention.
2845 
ø(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. 
ø(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. 
øSEC. 2183. REGISTERED TRAVELER PROGRAM. 
øThe Transportation Security Administra-
tion shall expedite implementation of the reg-
istered traveler program. 
øSEC. 2184. WIRELESS COMMUNICATION. 
ø(a) STUDY.—The Transportation Security 
Administration, in consultation with the Fed-
2846 
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. 
ø(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. 
ø(c) REPORT.—Not later than 180 days 
after the date of enactment of this Act, the 
Transportation Security Administration shall 
submit to the appropriate congressional com-
mittees a report on the results of the study. 
øSEC. 2185. SECONDARY FLIGHT DECK BARRIERS. 
øNot 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
2847 
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. 
øSEC. 2186. EXTENSION. 
øSection 48301(a) of title 49, United States 
Code, is amended by striking ‘‘and 2005’’ and 
inserting ‘‘2005, and 2006’’. 
øSEC. 2187. PERIMETER SECURITY. 
ø(a) REPORT.—Not later than 180 days 
after the date of enactment of this Act, the As-
sistant 
Secretary 
of 
Homeland 
Security 
(Transportation Security Administration), in 
consultation with airport operators and law 
enforcement authorities, shall develop and 
submit to the appropriate congressional com-
mittee a report on airport perimeter security. 
The report may be submitted in a classified 
format. 
ø(b) 
CONTENTS.—The 
report 
shall 
in-
clude— 
ø(1) an examination of the feasibility 
of access control technologies and proce-
dures, including the use of biometrics
2848 
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 
ø(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. 
øSEC. 2188. EXTREMELY HAZARDOUS MATERIALS TRANS-
PORTATION SECURITY. 
ø(a) RULEMAKING.— 
ø(1) IN GENERAL.—Not later than 180 
days after the date of enactment of this 
Act, the Secretary of Homeland Security, 
in consultation with the Attorney Gen-
eral and the heads of other appropriate 
Federal, State, and local government en-
tities, security experts, representatives of 
the hazardous materials shipping indus-
try and labor unions representing per-
sons who work in the hazardous mate-
2849 
rials shipping industry, and other inter-
ested persons, shall issue, after notice 
and opportunity for public comment, reg-
ulations concerning the shipping of ex-
tremely hazardous materials. 
ø(2) PURPOSES
OF
REGULATIONS.—The 
regulations shall be consistent, to the ex-
tent the Secretary determines appro-
priate, with and not duplicative of other 
Federal regulations and international 
agreements relating to the shipping of ex-
tremely hazardous materials and shall re-
quire— 
ø(A) physical security measures 
for such shipments, such as the use of 
passive secondary containment of 
tanker 
valves, 
additional 
security 
force 
personnel, 
and 
surveillance 
technologies and barriers; 
ø(B) concerned Federal, State, 
and local law enforcement authorities 
(including, if applicable, transit, rail-
road, or port authority police agen-
cies) to be informed before an ex-
tremely hazardous material is trans-
2850 
ported within, through, or near an 
area of concern; 
ø(C) coordination with Federal, 
State, and local law enforcement au-
thorities to create response plans for 
a terrorist attack on a shipment of ex-
tremely hazardous materials; 
ø(D) the use of currently available 
technologies and systems to ensure 
effective and immediate communica-
tion 
between 
transporters 
of 
ex-
tremely hazardous materials, law en-
forcement authorities and first re-
sponders; 
ø(E) comprehensive and appro-
priate training in the area of ex-
tremely hazardous materials trans-
portation security for all individuals 
who transport, load, unload, or are 
otherwise involved in the shipping of 
extremely 
hazardous 
materials 
or 
who would respond to an accident or 
incident involving a shipment of ex-
tremely hazardous material or would 
have to repair transportation equip-
2851 
ment and facilities in the event of 
such an accident or incident; and 
ø(F) for the transportation of ex-
tremely hazardous materials through 
or near an area of concern, the Sec-
retary to determine whether or not 
the transportation could be made by 
one or more alternate routes at lower 
security risk and, if the Secretary de-
termines the transportation could be 
made by an alternate route, the use of 
such alternate route, except when the 
origination or destination of the ship-
ment is located within the area of 
concern. 
ø(b) JUDICIAL RELIEF.—A person (other 
than an individual) who transports, loads, un-
loads, or is otherwise involved in the shipping 
of hazardous materials and violates or fails to 
comply with a regulation issued by the Sec-
retary under subsection (a) may be subject, in 
a civil action brought in United States district 
court, for each shipment with respect to 
which the violation occurs—
2852 
ø(1) to an order for injunctive relief; 
or 
ø(2) to a civil penalty of not more 
than $100,000. 
ø(c) ADMINISTRATIVE PENALTIES.— 
ø(1) PENALTY ORDERS.—The Secretary 
may issue an order imposing an adminis-
trative 
penalty 
of 
not 
more 
than 
$1,000,000 for failure by a person (other 
than 
an 
individual) 
who 
transports, 
loads, unloads, or is otherwise involved 
in the shipping of hazardous materials to 
comply with a regulation issued by the 
Secretary under subsection (a). 
ø(2) 
NOTICE
AND
HEARING.—Before 
issuing an order described in paragraph 
(1), the Secretary shall provide to the 
person against whom the penalty is to be 
assessed— 
ø(A) written notice of the pro-
posed order; and 
ø(B) the opportunity to request, 
not later than 30 days after the date 
on which the person receives the no-
tice, a hearing on the proposed order.
2853 
ø(3) PROCEDURES.—The Secretary may 
issue regulations establishing procedures 
for administrative hearings and appro-
priate review of penalties issued under 
this 
subsection, 
including 
necessary 
deadlines. 
ø(d) WHISTLEBLOWER PROTECTION.— 
ø(1) IN GENERAL.—No person involved 
in the shipping of extremely hazardous 
materials may be discharged, demoted, 
suspended, threatened, harassed, or in 
any other manner discriminated against 
because of any lawful act done by the 
person— 
ø(A) to provide information, cause 
information to be provided, or other-
wise assist in an investigation regard-
ing any conduct which the person 
reasonably believes constitutes a vio-
lation of any law, rule or regulation 
related to the security of shipments 
of extremely hazardous materials, or 
any other threat to the security of 
shipments of extremely hazardous 
materials, when the information or
2854 
assistance is provided to or the inves-
tigation is conducted by— 
ø(i) a Federal regulatory or 
law enforcement agency; 
ø(ii) any Member of Congress 
or any committee of Congress; or 
ø(iii) a person with super-
visory authority over the person 
(or such other person who has the 
authority to investigate, discover, 
or terminate misconduct); or 
ø(B) to file, cause to be filed, tes-
tify, participate in, or otherwise as-
sist in a proceeding or action filed or 
about to be filed relating to a viola-
tion of any law, rule or regulation re-
lated to the security of shipments of 
extremely hazardous materials or any 
other threat to the security of ship-
ments of extremely hazardous mate-
rials. 
ø(C) to refuse to violate or assist 
in the violation of any law, rule, or 
regulation related to the security of
2855 
shipments of extremely hazardous 
materials. 
ø(2) ENFORCEMENT ACTION.— 
ø(A) IN
GENERAL.—A person who 
alleges discharge or other discrimina-
tion by any person in violation of 
paragraph (1) may seek relief under 
paragraph (3), by— 
ø(i) filing a complaint with 
the Secretary of Labor; or 
ø(ii) if the Secretary has not 
issued a final decision within 180 
days of the filing of the complaint 
and there is no showing that such 
delay is due to the bad faith of 
the claimant, bringing an action 
at law or equity for de novo re-
view in the appropriate district 
court of the United States, which 
shall have jurisdiction over such 
an action without regard to the 
amount in controversy. 
ø(B) PROCEDURE.— 
ø(i) IN
GENERAL.— An action 
under subparagraph (A)(i) shall
2856 
be governed under the rules and 
procedures set forth in section 
42121(b) of title 49, United States 
Code. 
ø(ii) EXCEPTION.—Notification 
made under section 42121(b)(1) of 
title 49, United States Code, shall 
be made to the person named in 
the complaint and to the person’s 
employer. 
ø(iii) BURDENS OF PROOF.—An 
action brought under subpara-
graph (A)(ii) shall be governed by 
the legal burdens of proof set 
forth in section 42121(b) of title 
49, United States Code. 
ø(iv) 
STATUTE
OF
LIMITA-
TIONS.—An action under subpara-
graph (A) shall be commenced not 
later than 90 days after the date 
on which the violation occurs. 
ø(3) REMEDIES.— 
ø(A) IN
GENERAL.—A person pre-
vailing in any action under para-
graph (2)(A) shall be entitled to all re-
2857 
lief necessary to make the person 
whole. 
ø(B) COMPENSATORY DAMAGES.—Re-
lief for any action under subpara-
graph (A) shall include— 
ø(i) reinstatement with the 
same seniority status that the 
person would have had, but for 
the discrimination; 
ø(ii) the amount of any back 
pay, with interest; and 
ø(iii) compensation for any 
special damages sustained as a re-
sult of the discrimination, includ-
ing litigation costs, expert witness 
fees, 
and 
reasonable 
attorney 
fees. 
ø(4) RIGHTS
RETAINED
BY
PERSON.— 
Nothing 
in 
this 
subsection 
shall 
be 
deemed to diminish the rights, privileges, 
or remedies of any person under any Fed-
eral or State law, or under any collective 
bargaining agreement. 
ø(e) DEFINITIONS.—In this section, the fol-
lowing definitions apply:
2858 
ø(1) 
EXTREMELY
HAZARDOUS
MATE-
RIAL.—The term ‘‘extremely hazardous 
material’’ means— 
ø(A) a material that is toxic by in-
halation; 
ø(B) a material that is extremely 
flammable; 
ø(C) a material that is highly ex-
plosive; and 
ø(D) 
any 
other 
material 
des-
ignated by the Secretary to be ex-
tremely hazardous. 
ø(2) AREA
OF
CONCERN.—The term 
‘‘area of concern’’ means an area that the 
Secretary determines could pose a par-
ticular interest to terrorists. 
øSEC. 2189. DEFINITIONS. 
øIn this title, the following definitions 
apply: 
ø(1) APPROPRIATE CONGRESSIONAL COM-
MITTEE.—The term ‘‘appropriate congres-
sional committees’’ means the Committee 
on Transportation and Infrastructure 
and the Committee on the Judiciary of 
the House of Representatives and the
2859 
Committee on Commerce, Science, and 
Transportation of the Senate. 
ø(2) AIR CARRIER.—The term ‘‘air car-
rier’’ has the meaning such term has 
under section 40102 of title 49, United 
States Code. 
ø(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). 
øSubtitle H—Other Matters 
øSEC. 2191. GRAND JURY INFORMATION SHARING. 
ø(a) RULE AMENDMENTS.—Rule 6(e) of the 
Federal Rules of Criminal Procedure is 
amended— 
ø(1) in paragraph (3)— 
ø(A) in subparagraph (A)(ii), by 
striking ‘‘or state subdivision or of an 
Indian tribe’’ and inserting ‘‘, state 
subdivision, Indian tribe, or foreign 
government’’; 
ø(B) in subparagraph (D)—
2860 
ø(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 
ø(ii) in clause (i)— 
ø(I) by striking ‘‘federal’’; 
and
2861 
ø(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 Intelligence Di-
rector shall jointly issue.’’; 
and 
ø(C) in subparagraph (E)— 
ø(i) by redesignating clauses 
(iii) and (iv) as clauses (iv) and 
(v), respectively; 
ø(ii) by inserting after clause 
(ii) the following: 
ø‘‘(iii) at the request of the 
government, when sought by a 
foreign court or prosecutor for 
use in an official criminal inves-
tigation;’’; and 
ø(iii) in clause (iv), as redesig-
nated—
2862 
ø(I) by striking ‘‘state or 
Indian tribal’’ and inserting 
‘‘State, Indian tribal, or for-
eign’’; and 
ø(II) by striking ‘‘or In-
dian tribal official’’ and in-
serting ‘‘Indian tribal, or for-
eign government official’’; and 
ø(2) in paragraph (7), by inserting ‘‘, 
or of guidelines jointly issued by the At-
torney General and Director of Central 
Intelligence pursuant to Rule 6,’’ after 
‘‘Rule 6’’. 
ø(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)’’. 
øSEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND IN-
TELLIGENCE DATA SYSTEM. 
ø(a) FINDINGS.—The Congress finds as fol-
lows: 
ø(1) The interoperable electronic data 
system know as the ‘‘Chimera system’’, 
and required to be developed and imple-
2863 
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. 
ø(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. 
ø(3) It is advisable, therefore, to as-
sign such responsibility to the National 
Intelligence Director. 
ø(4) The National Intelligence Direc-
tor 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. 
ø(5) Both the interim system, and the 
fully functional Chimera system, should 
be designed so that intelligence officers,
2864 
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. 
ø(b) PURPOSES.—The purposes of this sec-
tion are as follows: 
ø(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)). 
ø(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.
2865 
ø(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). 
ø(c) AMENDMENTS.— 
ø(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— 
ø(A) in section 202(a)— 
ø(i) by amending paragraphs 
(1) and (2) to read as follows: 
ø‘‘(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
2866 
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. 
ø‘‘(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’. ’’; 
ø(ii) in paragraph (3)— 
ø(I) 
by 
striking 
‘‘Presi-
dent’’ and inserting ‘‘National 
Intelligence Director’’; and 
ø(II) by striking ‘‘the data 
system’’ and inserting ‘‘the in-
2867 
terim 
system 
described 
in 
paragraph (1) and the Chi-
mera 
system 
described 
in 
paragraph (2)’’; 
ø(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)’’; 
ø(iv) in paragraph (5)— 
ø(I) in the matter pre-
ceding subparagraph (A), by 
striking ‘‘data system under 
this subsection’’ and inserting 
‘‘Chimera system described in 
paragraph (2)’’; 
ø(II) in subparagraph (B), 
by striking ‘‘and’’ at the end; 
ø(III) in subparagraph (C), 
by striking the period at the 
end and inserting ‘‘; and’’; and 
ø(IV) by adding at the end 
the following:
2868 
ø‘‘(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 
ø(v) in paragraph (6)— 
ø(I) 
by 
striking 
‘‘Presi-
dent’’ and inserting ‘‘National 
Intelligence Director’’; 
ø(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)’’; 
ø(B) in section 202(b)— 
ø(i) in paragraph (1), by strik-
ing ‘‘The interoperable’’ and all 
that follows through ‘‘subsection 
(a)’’ and inserting ‘‘the Chimera
2869 
system described in subsection 
(a)(2)’’; 
ø(ii) in paragraph (2), by strik-
ing 
‘‘interoperable 
electronic 
database’’ and inserting ‘‘Chimera 
system described in subsection 
(a)(2)’’; and 
ø(iii) by amending paragraph 
(4) to read as follows: 
ø‘‘(4) 
INTERIM
REPORTS.—Not 
later 
than 6 months after assuming office, the 
National Intelligence Director shall sub-
mit a report to the appropriate commit-
tees of Congress on the progress in imple-
menting each requirement of this sec-
tion.’’; 
ø(C) in section 204— 
ø(i) by striking ‘‘Attorney Gen-
eral’’ each place such term ap-
pears and inserting ‘‘National In-
telligence Director’’; 
ø(ii) in subsection (d)(1), by 
striking ‘‘Attorney General’s’’ and 
inserting ‘‘National Intelligence 
Director’s’’; and
2870 
ø(D) by striking section 203 and 
redesignating section 204 as section 
203. 
ø(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— 
ø(A) by striking the item relating 
to section 203; and 
ø(B) by redesignating the item re-
lating to section 204 as relating to 
section 203. 
øSEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILI-
TIES OF THE FEDERAL BUREAU OF INVES-
TIGATION. 
ø(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: 
ø(1) The Federal Bureau of Investiga-
tion has made significant progress in im-
proving its intelligence capabilities. 
ø(2) The Federal Bureau of Investiga-
tion must further enhance and fully insti-
2871 
tutionalize its ability to prevent, pre-
empt, and disrupt terrorist threats to our 
homeland, our people, our allies, and our 
interests. 
ø(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. 
ø(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. 
ø(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-
2872 
ment agencies to ensure the necessary 
sharing 
of 
information 
for 
counter-
terrorism and criminal law enforcement 
purposes. 
ø(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. 
ø(b) IMPROVEMENT OF INTELLIGENCE CAPA-
BILITIES.—The Director of the Federal Bureau 
of Investigation shall establish a comprehen-
sive intelligence program for— 
ø(1) intelligence analysis, including 
recruitment and hiring of analysts, ana-
lyst training, priorities and status for 
analysis, and analysis performance meas-
ures; 
ø(2) intelligence production, includ-
ing product standards, production prior-
ities, information sharing and dissemina-
tion, and customer satisfaction measures;
2873 
ø(3) production of intelligence that is 
responsive to national intelligence re-
quirements 
and 
priorities, 
including 
measures of the degree to which each 
FBI headquarters and field component is 
collecting 
and 
providing 
such 
intel-
ligence; 
ø(4) intelligence sources, including 
source validation, new source develop-
ment, and performance measures; 
ø(5) field intelligence operations, in-
cluding staffing and infrastructure, man-
agement processes, priorities, and per-
formance measures; 
ø(6) full and seamless coordination 
and cooperation with the other compo-
nents of the Intelligence Community, con-
sistent with their responsibilities; and 
ø(7) sharing of FBI intelligence and 
information across Federal, state, and 
local governments, with the private sec-
tor, and with foreign partners as pro-
vided by law or by guidelines of the At-
torney General.
2874 
ø(c) INTELLIGENCE DIRECTORATE.—The Di-
rector of the Federal Bureau of Investigation 
shall establish an Intelligence Directorate 
within the FBI. The Intelligence Directorate 
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— 
ø(1) oversight of FBI field intelligence 
operations; 
ø(2) FBI human source development 
and management; 
ø(3) FBI collection against nationally- 
determined intelligence requirements; 
ø(4) language services; 
ø(5) strategic analysis; 
ø(6) intelligence program and budget 
management; and 
ø(7) the intelligence workforce. 
ø(d) NATIONAL SECURITY WORKFORCE.—The 
Director of the Federal Bureau of Investiga-
tion shall establish a specialized, integrated 
intelligence 
cadre 
composed 
of 
Special
2875 
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 
intelligence mission of the FBI. The Director 
shall— 
ø(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; 
ø(2) establish intelligence cadre re-
quirements for— 
ø(A) training; 
ø(B) career development and cer-
tification; 
ø(C) recruitment, hiring, and se-
lection; 
ø(D) integrating field intelligence 
teams; and 
ø(E) senior level field manage-
ment; 
ø(3) establish intelligence officer cer-
tification 
requirements, 
including 
re-
quirements for training courses and as-
signments to other intelligence, national
2876 
security, or homeland security compo-
nents of the Executive branch, in order to 
advance to senior operational manage-
ment positions in the FBI; 
ø(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; 
ø(5) ensure that all Special Agents 
and analysts employed by the FBI after 
the date of the enactment of this Act 
shall receive basic training in both crimi-
nal justice matters and intelligence mat-
ters; 
ø(6) ensure that all Special Agents 
employed by the FBI after the date of the 
enactment of this Act, to the maximum 
extent practicable, be given an oppor-
tunity to undergo, during their early 
service with the FBI, meaningful assign-
ments in criminal justice matters and in 
intelligence matters;
2877 
ø(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 
over the remainder of their career with 
the FBI; and 
ø(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. 
ø(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— 
ø(1) ensure that each FBI field office 
has an official at the level of Assistant 
Special Agent in Charge or higher with
2878 
responsibility for the FBI field intel-
ligence component; and 
ø(2) to the extent practicable, provide 
for such expansion of special compart-
mented information facilities in FBI field 
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. 
ø(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: 
ø(1) Intelligence. 
ø(2) counterterrorism and counter-
intelligence. 
ø(3) 
Criminal 
enterprise/Federal 
crimes. 
ø(4) Criminal justice services. 
ø(g) REPORTS.— 
ø(1)(A) Not later than 180 days after 
the date of the enactment of this Act, and
2879 
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 
report in carrying out the requirements 
of this section. 
ø(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. 
ø(2) In each annual report required 
by paragraph (1)(A) the director shall in-
clude— 
ø(A) a report on the progress 
made by each FBI field office during 
the period covered by such review in 
addressing FBI and national intel-
ligence priorities; 
ø(B) a report assessing the quali-
fications, status, and roles of analysts 
at FBI headquarters and in FBI field 
offices; and
2880 
ø(C) a report on the progress of 
the FBI in implementing information- 
sharing principles. 
ø(3) A report required by this sub-
section shall be submitted— 
ø(A) to each committee of Con-
gress that has jurisdiction over the 
subject matter of such report; and 
ø(B) in unclassified form, but may 
include a classified annex. 
øSEC. 2194. NUCLEAR FACILITY THREATS. 
ø(a) STUDY.—The President, in consulta-
tion with the Nuclear Regulatory Commission 
and other appropriate Federal, State, and 
local agencies and private entities, shall con-
duct a study to identify the types of threats 
that pose an appreciable risk to the security 
of the various classes of facilities licensed by 
the Nuclear Regulatory Commission under 
the Atomic Energy Act of 1954. Such study 
shall take into account, but not be limited to— 
ø(1) the events of September 11, 2001; 
ø(2) an assessment of physical, cyber, 
biochemical, and other terrorist threats;
2881 
ø(3) the potential for attack on facili-
ties by multiple coordinated teams of a 
large number of individuals; 
ø(4) the potential for assistance in an 
attack from several persons employed at 
the facility; 
ø(5) the potential for suicide attacks; 
ø(6) the potential for water-based and 
air-based threats; 
ø(7) the potential use of explosive de-
vices of considerable size and other mod-
ern weaponry; 
ø(8) the potential for attacks by per-
sons with a sophisticated knowledge of 
facility operations; 
ø(9) the potential for fires, especially 
fires of long duration; and 
ø(10) the potential for attacks on 
spent fuel shipments by multiple coordi-
nated teams of a large number of individ-
uals. 
ø(b) SUMMARY
AND
CLASSIFICATION
RE-
PORT.—Not later than 180 days after the date 
of the enactment of this Act, the President
2882 
shall transmit to the Congress and the Nu-
clear Regulatory Commission a report— 
ø(1) summarizing the types of threats 
identified under subsection (a); and 
ø(2) classifying each type of threat 
identified under subsection (a), in accord-
ance with existing laws and regulations, 
as either— 
ø(A) involving attacks and de-
structive acts, including sabotage, di-
rected against the facility by an 
enemy of the United States, whether 
a foreign government or other per-
son, or otherwise falling under the re-
sponsibilities of the Federal Govern-
ment; or 
ø(B) involving the type of risks 
that Nuclear Regulatory Commission 
licensees should be responsible for 
guarding against. 
ø(c) FEDERAL ACTION REPORT.—Not later 
than 90 days after the date on which a report 
is transmitted under subsection (b), the Presi-
dent shall transmit to the Congress a report 
on actions taken, or to be taken, to address
2883 
the types of threats identified under sub-
section (b)(2)(A). Such report may include a 
classified annex as appropriate. 
ø(d) REGULATIONS.—Not later than 270 
days after the date on which a report is trans-
mitted under subsection (b), the Nuclear Reg-
ulatory Commission shall issue regulations, 
including changes to the design basis threat, 
to ensure that licensees address the threats 
identified under subsection (b)(2)(B). 
ø(e) PHYSICAL
SECURITY
PROGRAM.—The 
Nuclear Regulatory Commission shall estab-
lish an operational safeguards response eval-
uation program that ensures that the physical 
protection capability and operational safe-
guards response for sensitive nuclear facili-
ties, as determined by the Commission con-
sistent with the protection of public health 
and the common defense and security, shall 
be tested periodically through Commission 
designed, observed, and evaluated force-on- 
force exercises to determine whether the abil-
ity to defeat the design basis threat is being 
maintained. The exercises shall be conducted 
by a mock terrorist team consisting of Com-
2884 
mission personnel with advanced knowledge 
of special weapons and tactics comparable to 
special operations forces of the Armed Forces. 
For purposes of this subsection, the term 
‘‘sensitive nuclear facilities’’ includes at a 
minimum commercial nuclear power plants, 
including associated spent fuel storage facili-
ties, spent fuel storage pools and dry cask 
storage at closed reactors, independent spent 
fuel storage facilities and geologic repository 
operations areas, category I fuel cycle facili-
ties, and gaseous diffusion plants. There are 
authorized to be appropriated to the Nuclear 
Regulatory Commission $3,000,000 for the 
purposes of carrying out this subsection. 
ø(f) CONTROL
OF
INFORMATION.—In car-
rying out this section, the President and the 
Nuclear Regulatory Commission shall control 
the dissemination of restricted data, safe-
guards information, and other classified na-
tional security information in a manner so as 
to ensure the common defense and security, 
consistent with chapter 12 of the Atomic En-
ergy Act of 1954.
2885 
øSEC. 2195. AUTHORIZATION AND CHANGE OF COPS PRO-
GRAM TO SINGLE GRANT PROGRAM. 
ø(a) IN GENERAL.—Section 1701 of title I of 
the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796dd) is amended— 
ø(1) by amending subsection (a) to 
read as follows: 
ø‘‘(a) GRANT AUTHORIZATION.—The Attor-
ney General shall carry out a single grant pro-
gram under which the Attorney General 
makes grants to States, units of local govern-
ment, Indian tribal governments, other public 
and private entities, and multi-jurisdictional 
or regional consortia for the purposes de-
scribed in subsection (b).’’; 
ø(2) by striking subsections (b) and 
(c); 
ø(3) by redesignating subsection (d) 
as subsection (b), and in that sub-
section— 
ø(A) 
by 
striking 
‘‘ADDITIONAL 
GRANT
PROJECTS.—Grants 
made 
under subsection (a) may include pro-
grams, projects, and other activities 
to—’’ and inserting ‘‘USES
OF GRANT 
AMOUNTS.—The purposes for which
2886 
grants made under subsection (a) 
may be made are—’’; 
ø(B) by redesignating paragraphs 
(1) through (12) as paragraphs (6) 
through (17), respectively; 
ø(C) by inserting before para-
graph (5) (as so redesignated) the fol-
lowing new paragraphs: 
ø‘‘(1) rehire law enforcement officers 
who have been laid off as a result of State 
and local budget reductions for deploy-
ment in community-oriented policing; 
ø‘‘(2) hire and train new, additional 
career law enforcement officers for de-
ployment in community-oriented policing 
across the Nation; 
ø‘‘(3) procure equipment, technology, 
or support systems, or pay overtime, to 
increase the number of officers deployed 
in community-oriented policing; 
ø‘‘(4) improve security at schools and 
on school grounds in the jurisdiction of 
the grantee through—
2887 
ø‘‘(A) placement and use of metal 
detectors, locks, lighting, and other 
deterrent measures; 
ø‘‘(B) security assessments; 
ø‘‘(C) security training of per-
sonnel and students; 
ø‘‘(D) coordination with local law 
enforcement; and 
ø‘‘(E) any other measure that, in 
the determination of the Attorney 
General, may provide a significant 
improvement in security; 
ø‘‘(5) pay for officers hired to perform 
intelligence, anti-terror, or homeland se-
curity duties exclusively;’’; and 
ø(D) by amending paragraph (9) 
(as so redesignated) to read as fol-
lows: 
ø‘‘(8) develop new technologies, in-
cluding 
interoperable 
communications 
technologies, modernized criminal record 
technology, and forensic technology, to 
assist State and local law enforcement 
agencies in reorienting the emphasis of 
their activities from reacting to crime to
2888 
preventing crime and to train law en-
forcement officers to use such tech-
nologies;’’; 
ø(4) by redesignating subsections (e) 
through (k) as subsections (c) through (i), 
respectively; 
ø(5) in subsection (c) (as so redesig-
nated) by striking ‘‘subsection (i)’’ and in-
serting ‘‘subsection (g)’’; and 
ø(6) by adding at the end the fol-
lowing new subsection: 
ø‘‘(j) MATCHING FUNDS FOR SCHOOL SECU-
RITY GRANTS.—Notwithstanding subsection (i), 
in the case of a grant under subsection (a) for 
the purposes described in subsection (b)(4)— 
ø‘‘(1) the portion of the costs of a pro-
gram provided by that grant may not ex-
ceed 50 percent; 
ø‘‘(2) any funds appropriated by Con-
gress for the activities of any agency of 
an Indian tribal government or the Bu-
reau of Indian Affairs performing law en-
forcement functions on any Indian lands 
may be used to provide the non-Federal
2889 
share of a matching requirement funded 
under this subsection; and 
ø‘‘(3) the Attorney General may pro-
vide, in the guidelines implementing this 
section, for the requirement of paragraph 
(1) to be waived or altered in the case of 
a recipient with a financial need for such 
a waiver or alteration.’’. 
ø(b) 
CONFORMING
AMENDMENT.—Section 
1702 of title I of such Act (42 U.S.C. 3796dd– 
1) is amended in subsection (d)(2) by striking 
‘‘section 
1701(d)’’ 
and 
inserting 
‘‘section 
1701(b)’’. 
ø(c) AUTHORIZATION OF APPROPRIATIONS.— 
Section 1001(a)(11) of title I of such Act (42 
U.S.C. 3793(a)(11)) is amended— 
ø(1) in subparagraph (A) by striking 
clause (i) and all that follows through the 
period at the end and inserting the fol-
lowing: 
ø‘‘(i) $1,007,624,000 for fiscal year 
2005; 
ø‘‘(ii) $1,027,176,000 for fiscal year 
2006; and
2890 
ø‘‘(iii) $1,047,119,000 for fiscal year 
2007.’’; and 
ø(2) in subparagraph (B)— 
ø(A) by striking ‘‘section 1701(f)’’ 
and inserting ‘‘section 1701(d)’’; and 
ø(B) by striking the third sen-
tence. 
øSubtitle I—Police Badges 
øSEC. 2201. SHORT TITLE. 
øThis subtitle may be cited as the ‘‘Badge 
Security Enhancement Act of 2004’’ . 
øSEC. 2202. POLICE BADGES. 
øSection 716 of title 18, United States 
Code, is amended in subsection (b)— 
ø(1) by striking paragraphs (2) and 
(4); and 
ø(2) by redesignating paragraph (3) as 
paragraph (2).
2891 
øTITLE III—BORDER SECURITY 
AND TERRORIST TRAVEL 
øSubtitle A—Immigration Reform 
in the National Interest 
øCHAPTER 1—GENERAL PROVISIONS 
øSEC. 3001. ELIMINATING THE ‘‘WESTERN HEMISPHERE’’ 
EXCEPTION FOR CITIZENS. 
ø(a) IN GENERAL.— 
ø(1) IN
GENERAL.—Section 215(b) of 
the Immigration and Nationality Act (8 
U.S.C. 1185(b)) is amended to read as fol-
lows: 
ø‘‘(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. 
ø‘‘(2) Subject to such limitations and ex-
ceptions as the President may authorize and 
prescribe, the President may waive the appli-
cation of paragraph (1) in the case of a citizen 
departing the United States to, or entering 
the United States from, foreign contiguous 
territory.
2892 
ø‘‘(3) The President, if waiving the appli-
cation of paragraph (1) pursuant to para-
graph (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). 
ø‘‘(4) The Secretary of Homeland Secu-
rity— 
ø‘‘(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 
ø‘‘(B) shall publish a list of those doc-
uments in the Federal Register. 
ø‘‘(5) A document may not be designated 
under paragraph (4) (whether alone or in 
combination with other documents) unless
2893 
the Secretary of Homeland Security deter-
mines that the document— 
ø‘‘(A) may be relied upon for the pur-
poses of this subsection; and 
ø‘‘(B) may not be issued to an alien 
unlawfully present in the United States.’’. 
ø(2) EFFECTIVE
DATE.—The 
amend-
ment made by paragraph (1) shall take ef-
fect on October 1, 2006. 
ø(b) INTERIM RULE.— 
ø(1) IN
GENERAL.—Not later than 60 
days after the date of the enactment of 
this Act, the Secretary of Homeland Secu-
rity— 
ø(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 
bearer is a citizen or national of the 
United States for purposes of lawfully 
departing 
from 
or 
entering 
the 
United States; and
2894 
ø(B) shall publish a list of those 
documents in the Federal Register. 
ø(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). 
ø(3) CRITERIA
FOR
DESIGNATION.—A 
document may not be designated under 
paragraph (1)(A) (whether alone or in 
combination with other documents) un-
less the Secretary of Homeland Security 
determines that the document— 
ø(A) may be relied upon for the 
purposes of this subsection; and
2895 
ø(B) may not be issued to an alien 
unlawfully present in the United 
States. 
ø(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. 
øSEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH 
RESPECT 
TO 
DOCUMENTATION 
REQUIRE-
MENTS FOR NATIONALS OF FOREIGN CON-
TIGUOUS TERRITORIES AND ADJACENT IS-
LANDS. 
ø(a) IN GENERAL.—Section 212(d)(4) of the 
Immigration and Nationality Act (8 U.S.C. 
1182(d)(4)) is amended— 
ø(1) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; 
ø(2) by striking ‘‘on the basis of reci-
procity’’ and all that follows through ‘‘or 
(C)’’; and 
ø(3) by adding at the end the fol-
lowing: 
‘‘Either or both of the requirements of 
such paragraph may also be waived by
2896 
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.’’. 
ø(b) EFFECTIVE
DATE.—The amendment 
made by subsection (a) shall take effect on De-
cember 31, 2006. 
øSEC. 3003. INCREASE IN FULL-TIME BORDER PATROL 
AGENTS. 
øThe 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-
tions for which funds were allotted for the 
preceding fiscal year.
2897 
øSEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND 
CUSTOMS ENFORCEMENT INVESTIGATORS. 
øThe 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. 
øSEC. 3005. ALIEN IDENTIFICATION STANDARDS. 
øSection 211 of the Immigration and Na-
tionality Act (8 U.S.C. 1181) is amended by 
adding at the end the following: 
ø‘‘(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-
2898 
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.’’. 
øSEC. 3006. EXPEDITED REMOVAL. 
øSection 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: 
ø‘‘(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 
and 
has 
not 
been 
physically 
present in the United States con-
tinuously for the 5-year period 
immediately prior to the date of
2899 
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— 
ø‘‘(I) the alien has been 
charged with a crime, is in 
criminal proceedings, or is 
serving a criminal sentence; 
or 
ø‘‘(II) the alien indicates 
an intention to apply for asy-
lum under section 208 or a 
fear of persecution and the of-
ficer 
determines 
that 
the 
alien 
has 
been 
physically 
present in the United States 
for less than 1 year. 
ø‘‘(ii) CLAIMS
FOR
ASYLUM.—If 
an 
immigration 
officer 
deter-
mines that an alien (other than 
an alien described in subpara-
2900 
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.’’.
2901 
øSEC. 3007. PREVENTING TERRORISTS FROM OBTAINING 
ASYLUM. 
ø(a) CONDITIONS FOR GRANTING ASYLUM.— 
Section 208(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(b)) is amended— 
ø(1) in paragraph (1), by striking ‘‘The 
Attorney General’’ and inserting the fol-
lowing: 
ø‘‘(A) ELIGIBILITY.—The Secretary 
of Homeland Security or the Attorney 
General’’; and 
ø(2) by adding at the end the fol-
lowing: 
ø‘‘(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
2902 
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
2903 
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.’’. 
ø(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.’’. 
ø(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.
2904 
øSEC. 3008. REVOCATION OF VISAS AND OTHER TRAVEL 
DOCUMENTATION. 
ø(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.’’. 
ø(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’’. 
ø(c) REVOCATION
OF
PETITIONS.—Section 
205 of the Immigration and Nationality Act (8 
U.S.C. 1155) is amended— 
ø(1) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; and
2905 
ø(2) by striking the final two sen-
tences. 
ø(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. 
øSEC. 3009. JUDICIAL REVIEW OF ORDERS OF REMOVAL. 
ø(a) IN GENERAL.—Section 242 of the Immi-
gration and Nationality Act (8 U.S.C. 1252) is 
amended— 
ø(1) in subsection (a)— 
ø(A) in paragraph (2)— 
ø(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 
ø(ii) by adding at the end the 
following:
2906 
ø‘‘(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 
ø(B) by adding at the end the fol-
lowing: 
ø‘‘(4) CLAIMS
UNDER
THE
UNITED
NA-
TIONS CONVENTION.—Notwithstanding any 
other provision of law (statutory and