2918 
øSubtitle B—Identity Management 
Security 
øCHAPTER 1—IMPROVED SECURITY FOR 
DRIVERS’ LICENSES AND PERSONAL 
IDENTIFICATION CARDS 
øSEC. 3051. DEFINITIONS. 
øIn this chapter, the following definitions 
apply: 
ø(1) 
DRIVER’S
LICENSE.—The 
term 
‘‘driver’s license’’ means a motor vehicle 
operator’s license, as defined in section 
30301 of title 49, United States Code. 
ø(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. 
ø(3) 
SECRETARY.—The 
term 
‘‘Sec-
retary’’ means the Secretary of Homeland 
Security. 
ø(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
2919 
of the Pacific Islands, and any other ter-
ritory or possession of the United States. 
øSEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND 
ISSUANCE STANDARDS FOR FEDERAL REC-
OGNITION. 
ø(a) MINIMUM
STANDARDS
FOR
FEDERAL 
USE.— 
ø(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. 
ø(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 Transportation, may pre-
scribe by regulation. 
ø(b) MINIMUM DOCUMENT REQUIREMENTS.— 
To meet the requirements of this section, a
2920 
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: 
ø(1) The person’s full legal name. 
ø(2) The person’s date of birth. 
ø(3) The person’s gender. 
ø(4) The person’s driver license or 
identification card number. 
ø(5) A photograph of the person. 
ø(6) The person’s address of principal 
residence. 
ø(7) The person’s signature. 
ø(8) Physical security features de-
signed to prevent tampering, counter-
feiting, or duplication of the document 
for fraudulent purposes. 
ø(9) 
A 
common 
machine-readable 
technology, with defined minimum data 
elements. 
ø(c) MINIMUM ISSUANCE STANDARDS.— 
ø(1) IN
GENERAL.—To meet the re-
quirements of this section, a State shall 
require, at a minimum, presentation and 
verification of the following information
2921 
before issuing a driver’s license or identi-
fication card to a person: 
ø(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. 
ø(B) Documentation showing the 
person’s date of birth. 
ø(C) Proof of the person’s social 
security 
account 
number 
or 
verification that the person is not eli-
gible for a social security account 
number. 
ø(D) Documentation showing the 
person’s name and address of prin-
cipal residence. 
ø(2) VERIFICATION OF DOCUMENTS.—To 
meet the requirements of this section, a 
State shall implement the following pro-
cedures: 
ø(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,
2922 
and completeness of each document 
required to be presented by the per-
son under paragraph (1). 
ø(B) The State shall not accept 
any foreign document, other than an 
official passport, to satisfy a require-
ment of paragraph (1). 
ø(d) OTHER REQUIREMENTS.—To meet the 
requirements of this section, a State shall 
adopt the following practices in the issuance 
of drivers’ licenses and identification cards: 
ø(1) Employ technology to capture 
digital images of identity source docu-
ments so that the images can be retained 
in electronic storage in a transferable 
format. 
ø(2) Retain paper copies of source 
documents for a minimum of 7 years or 
images of source documents presented 
for a minimum of 10 years. 
ø(3) Subject each person applying for 
a driver’s license or identification card to 
mandatory facial image capture.
2923 
ø(4) Establish an effective procedure 
to confirm or verify a renewing appli-
cant’s information. 
ø(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. 
ø(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 
terminating or has terminated the driv-
er’s license. 
ø(7) Ensure the physical security of 
locations where drivers’ licenses and 
identification cards are produced and the 
security of document materials and pa-
2924 
pers from which drivers’ licenses and 
identification cards are produced. 
ø(8) Subject all persons authorized to 
manufacture or produce drivers’ licenses 
and identification cards to appropriate 
security clearance requirements. 
ø(9) Establish fraudulent document 
recognition training programs for appro-
priate employees engaged in the issuance 
of drivers’ licenses and identification 
cards. 
øSEC. 3053. LINKING OF DATABASES. 
ø(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-
formation contained in the motor vehicle 
databases of all other States. 
ø(b) REQUIREMENTS
FOR INFORMATION.—A 
State motor vehicle database shall contain, at 
a minimum, the following information:
2925 
ø(1) All data fields printed on drivers’ 
licenses and identification cards issued 
by the State. 
ø(2) Motor vehicle drivers’ histories, 
including motor vehicle violations, sus-
pensions, and points on licenses. 
øSEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES 
FOR USE IN FALSE IDENTIFICATION DOCU-
MENTS. 
øSection 1028(a)(8) of title 18, United 
States Code, is amended by striking ‘‘false au-
thentication features’’ and inserting ‘‘false or 
actual authentication features’’. 
øSEC. 3055. GRANTS TO STATES. 
ø(a) IN
GENERAL.—The Secretary may 
make grants to a State to assist the State in 
conforming to the minimum standards set 
forth in this chapter. 
ø(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.
2926 
øSEC. 3056. AUTHORITY. 
ø(a) 
PARTICIPATION
OF
SECRETARY
OF 
TRANSPORTATION 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. 
ø(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. 
øCHAPTER 2—IMPROVED SECURITY FOR 
BIRTH CERTIFICATES 
øSEC. 3061. DEFINITIONS. 
ø(a) APPLICABILITY
OF
DEFINITIONS.—Ex-
cept as otherwise specifically provided, the 
definitions contained in section 3051 apply to 
this chapter. 
ø(b) OTHER DEFINITIONS.—In this chapter, 
the following definitions apply: 
ø(1) BIRTH
CERTIFICATE.—The term 
‘‘birth certificate’’ means a certificate of 
birth— 
ø(A) for an individual (regardless 
of where born)—
2927 
ø(i) who is a citizen or na-
tional of the United States at 
birth; and 
ø(ii) whose birth is registered 
in the United States; and 
ø(B) that— 
ø(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 
ø(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. 
ø(2) 
REGISTRANT.—The 
term 
‘‘reg-
istrant’’ means, with respect to a birth 
certificate, the person whose birth is reg-
istered on the certificate. 
ø(3) STATE.—The term ‘‘State’’ shall 
have the meaning given such term in sec-
2928 
tion 3051; except that New York City 
shall be treated as a State separate from 
New York. 
øSEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO 
LOCAL GOVERNMENTS. 
øThe 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. 
øSEC. 3063. MINIMUM STANDARDS FOR FEDERAL RECOGNI-
TION. 
ø(a) MINIMUM
STANDARDS
FOR
FEDERAL 
USE.— 
ø(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 
is meeting the requirements of this sec-
tion. 
ø(2) STATE
CERTIFICATIONS.—The Sec-
retary shall determine whether a State is
2929 
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. 
ø(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. 
ø(c) MINIMUM ISSUANCE STANDARDS.— 
ø(1) IN
GENERAL.—To meet the re-
quirements of this section, a State shall 
require and verify the following informa-
tion from the requestor before issuing an 
authenticated copy of a birth certificate:
2930 
ø(A) The name on the birth cer-
tificate. 
ø(B) The date and location of the 
birth. 
ø(C) The mother’s maiden name. 
ø(D) Substantial proof of the re-
questor’s identity. 
ø(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. 
ø(3) ISSUANCE
TO
FAMILY
MEMBERS.— 
Not later than one year after the date of 
enactment of this Act, the Secretary, in 
consultation with the Secretary of Health 
and Human Services and the States, shall 
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-
2931 
tection of the requestor’s personal or 
property rights. 
ø(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. 
ø(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. 
ø(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. 
ø(d) OTHER REQUIREMENTS.—To meet the 
requirements of this section, a State shall 
adopt, at a minimum, the following practices 
in the issuance and administration of birth 
certificates:
2932 
ø(1) Establish and implement min-
imum building security standards for 
State and local vital record offices. 
ø(2) Restrict public access to birth 
certificates and information gathered in 
the issuance process to ensure that ac-
cess is restricted to entities with which 
the State has a binding privacy protec-
tion agreement. 
ø(3) Subject all persons with access to 
vital records to appropriate security 
clearance requirements. 
ø(4) Establish fraudulent document 
recognition training programs for appro-
priate employees engaged in the issuance 
process. 
ø(5) Establish and implement internal 
operating system standards for paper and 
for electronic systems. 
ø(6) Establish a central database that 
can provide interoperative data exchange 
with other States and with Federal agen-
cies, subject to privacy restrictions and 
confirmation of the authority and iden-
tity of the requestor.
2933 
ø(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’’. 
ø(8) Cooperate with the Secretary in 
the 
implementation 
of 
electronic 
verification of vital events under section 
3065. 
øSEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS. 
øIn consultation with the Secretary of 
Health and Human Services and the Commis-
sioner of Social Security, the Secretary shall 
take the following actions: 
ø(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. 
ø(2) 
Coordinate 
requirements 
for 
such systems to align with a national 
model.
2934 
ø(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. 
ø(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. 
ø(5) Establish uniform field require-
ments for State birth registries. 
ø(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. 
ø(7) Not later than 1 year after the 
date of enactment of this Act, establish a
2935 
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. 
ø(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. 
ø(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. 
øSEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS. 
ø(a) LEAD AGENCY.—The Secretary shall 
lead 
the 
implementation 
of 
electronic 
verification of a person’s birth and death.
2936 
ø(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. 
øSEC. 3066. GRANTS TO STATES. 
ø(a) IN
GENERAL.—The Secretary may 
make grants to a State to assist the State in 
conforming to the minimum standards set 
forth in this chapter. 
ø(b) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated to
2937 
the Secretary for each of the fiscal years 2005 
through 2009 such sums as may be necessary 
to carry out this chapter. 
øSEC. 3067. AUTHORITY. 
ø(a) PARTICIPATION WITH FEDERAL AGEN-
CIES AND STATES.—All authority to issue regu-
lations, 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. 
ø(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.
2938 
øCHAPTER 3—MEASURES TO ENHANCE 
PRIVACY AND INTEGRITY OF SOCIAL 
SECURITY ACCOUNT NUMBERS 
øSEC. 3071. PROHIBITION OF THE DISPLAY OF SOCIAL SE-
CURITY ACCOUNT NUMBERS ON DRIVER’S LI-
CENSES 
OR 
MOTOR 
VEHICLE 
REGISTRA-
TIONS. 
ø(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— 
ø(1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and 
ø(2) by adding at the end the fol-
lowing new subclause: 
ø‘‘(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
2939 
individual or include on any such license, reg-
istration, or other document a magnetic strip, 
bar code, or other means of communication 
which conveys such number (or derivative 
thereof).’’. 
ø(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. 
øSEC. 
3072. 
INDEPENDENT 
VERIFICATION 
OF 
BIRTH 
RECORDS PROVIDED IN SUPPORT OF APPLI-
CATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS. 
ø(a) APPLICATIONS
FOR SOCIAL SECURITY 
ACCOUNT NUMBERS.—Section 205(c)(2)(B)(ii) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
405(c)(2)(B)(ii)) is amended— 
ø(1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 
ø(2) by adding at the end the fol-
lowing new subclause: 
ø‘‘(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
2940 
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.’’. 
ø(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. 
ø(c) STUDY REGARDING APPLICATIONS FOR 
REPLACEMENT SOCIAL SECURITY CARDS.— 
ø(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
2941 
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). 
ø(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. 
øSEC. 3073. ENUMERATION AT BIRTH. 
ø(a) IMPROVEMENT OF APPLICATION PROC-
ESS.—
2942 
ø(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— 
ø(A) the assignment of social secu-
rity account numbers to unnamed 
children; 
ø(B) the issuance of more than 1 
social security account number to the 
same child; and 
ø(C) 
other 
opportunities 
for 
fraudulently obtaining a social secu-
rity account number. 
ø(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.
2943 
ø(b) STUDY REGARDING PROCESS FOR ENU-
MERATION AT BIRTH.— 
ø(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. 
ø(2) 
REPORT.—Not 
later 
than 
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-
2944 
lative changes as the Commissioner con-
siders necessary to implement needed im-
provements in the process for enumera-
tion at birth. 
øSEC. 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. 
ø(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— 
ø(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-
2945 
cient and effective administration of such 
title, and 
ø(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. 
ø(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). 
øSEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE RE-
PLACEMENT SOCIAL SECURITY CARDS. 
ø(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
2946 
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.’’. 
ø(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. 
øSEC. 3076. STUDY RELATING TO MODIFICATION OF THE 
SOCIAL 
SECURITY 
ACCOUNT 
NUMBERING 
SYSTEM TO SHOW WORK AUTHORIZATION 
STATUS. 
ø(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
2947 
method of modifying the social security ac-
count number assigned to individuals who— 
ø(1) are not citizens of the United 
States, 
ø(2) have not been admitted for per-
manent residence, and 
ø(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. 
ø(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).
2948 
øSubtitle C—Targeting Terrorist 
Travel 
øSEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS 
AND TRAVEL HISTORY DATABASE. 
ø(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). 
ø(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. 
ø(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
2949 
terrorists’ travel, and apprehending sus-
pected terrorists, of each of the following: 
ø(1) Requiring nationals of all coun-
tries to present machine-readable, tam-
per-resistant passports that incorporate 
biometric and document authentication 
identifiers. 
ø(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. 
ø(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).
2950 
øSEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIR-
PORTS. 
ø(a) IN GENERAL.—Section 235A(a)(4) of 
the Immigration and Nationality Act (8 U.S.C. 
1225(a)(4)) is amended— 
ø(1) by striking ‘‘October 31, 2000,’’ 
and inserting ‘‘January 1, 2008,’’; 
ø(2) by striking ‘‘5 additional’’ and in-
serting ‘‘up to 25 additional’’; 
ø(3) by striking ‘‘number of aliens’’ 
and inserting ‘‘number of inadmissible 
aliens, especially aliens who are potential 
terrorists,’’; 
ø(4) by striking ‘‘who are inadmissible 
to the United States.’’ and inserting a pe-
riod; and 
ø(5) by striking ‘‘Attorney General’’ 
each place such term appears and insert-
ing ‘‘Secretary of Homeland Security’’. 
ø(b) REPORT.—Not later than June 30, 
2006, the Secretary of Homeland Security and 
the Secretary of State shall report to the Com-
mittees 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-
2951 
eign Relations of the Senate on the progress 
being made in implementing the amendments 
made by subsection (a). 
ø(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)— 
ø(1) $24,000,000 for fiscal year 2005; 
ø(2) $48,000,000 for fiscal year 2006; 
and 
ø(3) $97,000,000 for fiscal year 2007. 
øSEC. 3083. IMMIGRATION SECURITY INITIATIVE. 
ø(a) IN GENERAL.—Section 235A(b) of the 
Immigration and Nationality Act (8 U.S.C. 
1225(b)) is amended— 
ø(1) in the subsection heading, by in-
serting ‘‘AND IMMIGRATION SECURITY INI-
TIATIVE’’ after ‘‘PROGRAM’’; and 
ø(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.’’.
2952 
ø(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)— 
ø(1) $25,000,000 for fiscal year 2005; 
ø(2) $40,000,000 for fiscal year 2006; 
and 
ø(3) $40,000,000 for fiscal year 2007. 
øSEC. 3084. RESPONSIBILITIES AND FUNCTIONS OF CON-
SULAR OFFICERS. 
ø(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. 
ø(b) LIMITATION ON USE OF FOREIGN NA-
TIONALS FOR NONIMMIGRANT VISA SCREENING.— 
Section 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.’’.
2953 
ø(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.’’. 
ø(d) ASSIGNMENT OF ANTI-FRAUD SPECIAL-
ISTS.— 
ø(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.
2954 
ø(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. 
øSEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RE-
LATED ACTIVITY. 
øSection 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— 
ø(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)’’; 
ø(2) in subsection (b)(2), by striking 
‘‘three years’’ and inserting ‘‘six years’’;
2955 
ø(3) in subsection (b)(3), by striking 
‘‘20 years’’ and inserting ‘‘25 years’’; 
ø(4) in subsection (b)(4), by striking 
‘‘25 years’’ and inserting ‘‘30 years’’; and 
ø(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,’’. 
øSEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITI-
ZENSHIP. 
øSection 1015 of title 18, United States 
Code, is amended— 
ø(1) by striking the dash at the end of 
subsection (f) and inserting ‘‘; or’’; and 
ø(2) by inserting after subsection (f) 
the following: 
ø‘‘(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—’’.
2956 
øSEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF 
THE DEPARTMENT OF STATE. 
ø(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. 
ø(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 obtains 
the approval of the Attorney General and pro-
vides written notification of such proposed
2957 
expansion to the appropriate congressional 
committees. 
ø(c) DEFINITION.—In this section, the term 
‘‘appropriate 
congressional 
committees’’ 
means— 
ø(1) the Committee on International 
Relations and the Committee on the Judi-
ciary of the House of Representatives; 
and 
ø(2) the Committee on Foreign Rela-
tions and the Committee on the Judiciary 
of the Senate. 
øSEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND 
CURTAIL TERRORIST TRAVEL THROUGH THE 
USE OF FRAUDULENTLY OBTAINED DOCU-
MENTS. 
ø(a) FINDINGS.—Congress finds the fol-
lowing: 
ø(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. 
ø(2) The international terrorists who 
planned and carried out the attack on
2958 
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. 
ø(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. 
ø(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
2959 
across international borders to plan and 
carry out these attacks. 
ø(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. 
ø(6) Two of the September 11, 2001, 
hijackers were carrying passports that 
had been manipulated in a fraudulent 
manner 
and 
several 
other 
hijackers 
whose passports did not survive the at-
tacks on the World Trade Center and 
Pentagon were likely to have carried 
passports that were similarly manipu-
lated. 
ø(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
2960 
at least as powerful a weapon against ter-
rorists as targeting their money.’’. 
ø(b) INTERNATIONAL AGREEMENTS TO TRACK 
AND CURTAIL TERRORIST TRAVEL.— 
ø(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. 
ø(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— 
ø(A) the establishment of a system 
to share information on lost, stolen, 
and fraudulent passports and other
2961 
travel documents for the purposes of 
preventing the undetected travel of 
persons using such passports and 
other travel documents that were ob-
tained improperly; 
ø(B) the establishment and imple-
mentation of a real-time verification 
system of passports and other travel 
documents with issuing authorities; 
ø(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; 
ø(D) the assumption of an obliga-
tion by countries that are parties to 
the agreement— 
ø(i) to criminalize— 
ø(I) the falsification or 
counterfeiting of travel docu-
ments or breeder documents 
for any purpose;
2962 
ø(II) the use or attempted 
use of false documents to ob-
tain a visa or cross a border 
for any purpose; 
ø(III) the possession of 
tools or implements used to 
falsify 
or 
counterfeit 
such 
documents; 
ø(IV) the trafficking in 
false or stolen travel docu-
ments and breeder documents 
for any purpose; 
ø(V) 
the 
facilitation 
of 
travel by a terrorist; and 
ø(VI) attempts to commit, 
including conspiracies to com-
mit, 
the 
crimes 
specified 
above; 
ø(ii) to impose significant pen-
alties so as to appropriately pun-
ish 
violations 
and 
effectively 
deter these crimes; and 
ø(iii) to limit the issuance of 
citizenship 
papers, 
passports, 
identification documents, and the
2963 
like to persons whose identity is 
proven to the issuing authority, 
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; 
ø(E) the provision of technical as-
sistance to State Parties to help them 
meet their obligations under the con-
vention; 
ø(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 
ø(G) an agreement that would 
permit immigration and border offi-
cials 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 fal-
2964 
sified passport, and for the detention 
and investigation of such traveler 
upon the return of the traveler to the 
sending country. 
ø(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. 
ø(c) REPORT.— 
ø(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). 
ø(2) 
TERMINATION.—Paragraph 
(1) 
shall cease to be effective when the Presi-
dent certifies to the Committee on Inter-
national Relations of the House of Rep-
resentatives and the Committee on For-
2965 
eign Relations of the Senate that the 
goals described in subsection (b) have 
been fully achieved. 
øSEC. 3089. INTERNATIONAL STANDARDS FOR TRANS-
LATION OF NAMES INTO THE ROMAN ALPHA-
BET FOR INTERNATIONAL TRAVEL DOCU-
MENTS AND NAME-BASED WATCHLIST SYS-
TEMS. 
ø(a) FINDINGS.—Congress finds that— 
ø(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 
ø(2) although the development and 
utilization of terrorist watchlist systems 
using biometric identifiers will be help-
ful, the full development and utilization 
of such systems will take several years,
2966 
and name-based terrorist watchlist sys-
tems will always be useful. 
ø(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. 
øSEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 
ø(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. 
ø(b) PLAN AND REPORT.— 
ø(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
2967 
entry and exit data system required by 
applicable sections of— 
ø(A) the Illegal Immigration Re-
form and Immigrant Responsibility 
Act of 1996 (Public Law 104–208); 
ø(B) the Immigration and Natu-
ralization Service Data Management 
Improvement Act of 2000 (Public Law 
106–205); 
ø(C) the Visa Waiver Permanent 
Program Act (Public Law 106–396); 
ø(D) the Enhanced Border Secu-
rity and Visa Entry Reform Act of 
2002 (Public Law 107–173); and 
ø(E) the Uniting and Strength-
ening America by Providing Appro-
priate Tools Required to Intercept 
and Obstruct Terrorism Act of 2001 
(Public Law 107–56). 
ø(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—
2968 
ø(A) a description of the current 
functionality of the entry and exit 
data system, including— 
ø(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; 
ø(ii) a listing of ports of entry 
with biometric exit data systems 
in use; 
ø(iii) a listing of databases 
and data systems with which the 
automated entry and exit data 
system are interoperable; 
ø(iv) a description of— 
ø(I) identified deficiencies 
concerning the accuracy or 
integrity of the information 
contained in the entry and 
exit data system; 
ø(II) 
identified 
defi-
ciencies 
concerning 
tech-
nology associated with proc-
2969 
essing 
individuals 
through 
the system; and 
ø(III) programs or policies 
planned or implemented to 
correct problems identified in 
subclause (I) or (II); and 
ø(v) an assessment of the ef-
fectiveness of the entry and exit 
data system in fulfilling its in-
tended purposes, including pre-
venting terrorists from entering 
the United States; 
ø(B) a description of factors rel-
evant to the accelerated implementa-
tion of the biometric entry and exit 
system, including— 
ø(i) the earliest date on which 
the Secretary estimates that full 
implementation of the biometric 
entry and exit data system can be 
completed; 
ø(ii) the actions the Secretary 
will take to accelerate the full im-
plementation 
of 
the 
biometric 
entry and exit data system at all
2970 
ports of entry through which all 
aliens must pass that are legally 
required to do so; and 
ø(iii) the resources and au-
thorities required to enable the 
Secretary to meet the implemen-
tation date described in clause (i); 
ø(C) a description of any improve-
ments needed in the information 
technology employed for the entry 
and exit data system; and 
ø(D) a description of plans for im-
proved or added interoperability with 
any other databases or data systems. 
ø(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. 
ø(d) MAINTAINING ACCURACY AND INTEGRITY 
OF ENTRY AND EXIT DATA SYSTEM.—
2971 
ø(1) IN
GENERAL.—The Secretary, in 
consultation 
with 
other 
appropriate 
agencies, shall establish rules, guidelines, 
policies, and operating and auditing pro-
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. 
ø(2) REQUIREMENTS.—The rules, guide-
lines, policies, and procedures estab-
lished under paragraph (1) shall— 
ø(A) incorporate a simple and 
timely method for— 
ø(i) correcting errors; and 
ø(ii) 
clarifying 
information 
known to cause false hits or 
misidentification errors; and 
ø(B) include procedures for indi-
viduals to seek corrections of data 
contained in the data systems. 
ø(e) EXPEDITING
REGISTERED
TRAVELERS 
ACROSS INTERNATIONAL BORDERS.—
2972 
ø(1) FINDINGS.—Consistent with the 
report of the National Commission on 
Terrorist Attacks Upon the United States, 
Congress finds that— 
ø(A) expediting the travel of pre-
viously screened and known travelers 
across the borders of the United 
States should be a high priority; and 
ø(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. 
ø(2) 
DEFINITION.—The 
term 
‘‘reg-
istered traveler program’’ means any pro-
gram designed to expedite the travel of 
previously screened and known travelers 
across the borders of the United States. 
ø(3) REGISTERED TRAVEL PLAN.— 
ø(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
2973 
States through a single registered 
traveler program. 
ø(B) INTEGRATION.—The registered 
traveler program developed under 
this paragraph shall be integrated 
into the automated biometric entry 
and exit data system described in this 
section. 
ø(C) REVIEW AND EVALUATION.—In 
developing the program under this 
paragraph, the Secretary shall— 
ø(i) review existing programs 
or pilot projects designed to expe-
dite the travel of registered trav-
elers across the borders of the 
United States; 
ø(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 
ø(iii) increase research and 
development efforts to accelerate 
the development and implementa-
2974 
tion of a single registered traveler 
program. 
ø(4) REPORT.—Not later than 1 year 
after the date of the enactment of this 
Act, the Secretary shall submit to the 
Congress a report describing the Depart-
ment’s progress on the development and 
implementation of the plan required by 
this subsection. 
ø(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. 
øSEC. 3091. BIOMETRIC ENTRY-EXIT SCREENING SYSTEM. 
ø(a) INTEGRATED
BIOMETRIC
ENTRY-EXIT 
SCREENING SYSTEM.—With respect to the bio-
metric entry/exit data system referred to in 
subsections (a) and (b), such systems shall— 
ø(1) Ensure that the system’s tracking 
capabilities encompass data related to all 
immigration benefits processing, includ-
ing visa applications with the Depart-
ment of State, immigration related filings 
with the Department of Labor, cases
2975 
pending before the Executive Office for 
Immigration review, and matters pending 
or under investigation before the Depart-
ment of Homeland Security. 
ø(2) Utilize a biometric based identity 
number tied to an applicant’s biometric 
algorithm established under the entry/ 
exit system to track all immigration re-
lated matters concerning the applicant. 
ø(3) Provide that all information 
about an applicant’s immigration related 
history, including entry/exit history, can 
be queried through electronic means. 
Database access and usage guidelines 
shall include stringent safeguards to pre-
vent misuse of data. 
ø(4) Provide real time updates to the 
database described in paragraph (3) in-
cluding pertinent data from all agencies 
referenced in paragraph (1). 
ø(5) Limit access to the database de-
scribed in paragraph (4) (and any other 
database used for tracking immigration 
related processing and/or entry/exit) to 
personnel explicitly authorized to do so,
2976 
and 
that 
any 
such 
access 
may 
be 
ascertained by authorized persons by re-
view of the person’s access authorization 
code or number. 
ø(6) Provide continuing education in 
counterterrorism techniques, tools, and 
methods for all Federal personnel em-
ployed in the evaluation of immigration 
documents and immigration-related pol-
icy. 
ø(b) ENTRY-EXIT SYSTEM GOALS.—The De-
partment of Homeland Security shall con-
tinue to implement the system described in 
subsections (a) and (b), in such a way that it 
fulfills the following goals: 
ø(1) 
Serves 
as 
a 
vital 
counter-
terrorism tool. 
ø(2) Screens travelers efficiently and 
in a welcoming manner. 
ø(3) Provides inspectors and related 
personnel with adequate real-time infor-
mation. 
ø(4) Ensures flexibility of training 
and security protocols to most effectively 
comply with security mandates.
2977 
ø(5) Integrates relevant databases 
and plans for database modifications to 
address volume increase and database 
usage. 
ø(6) Improves database search capac-
ities by utilizing language algorithms to 
detect alternate names. 
ø(c) DEDICATED
SPECIALISTS
AND
FRONT 
LINE PERSONNEL TRAINING.—In implementing 
the provisions of subsections (a), (b), and (c), 
the Department of Homeland Security and the 
Department of State shall— 
ø(1) develop cross-training programs 
that focus on the scope and procedures of 
the entry/exit system; 
ø(2) 
provide 
extensive 
community 
outreach and education on the entry/exit 
system procedures; 
ø(3) provide clear and consistent eli-
gibility guidelines for applicants in low- 
risk traveler programs; and 
ø(4) establish ongoing training mod-
ules on immigration law to improve adju-
dications at our ports of entry, con-
sulates, and embassies.
2978 
ø(d) INFORMATION ACCURACY STANDARDS.— 
ø(1) Any information placed in the 
entry/exit database shall be entered by 
authorized officers in compliance with 
established procedures, as set forth in 
section 407 of this Act, that guarantee the 
identification of the person making the 
database entry. 
ø(2) The Secretary of Homeland Secu-
rity, the Secretary of State, and the Attor-
ney General, after consultation with di-
rectors of the relevant intelligence agen-
cies, shall standardize the information 
and data collected from foreign nationals 
as well as the procedures utilized to col-
lect such data to ensure that the informa-
tion is consistent and of value to officials 
accessing that data across multiple agen-
cies. 
ø(e) 
ACCESSIBILITY.—The 
Secretary 
of 
Homeland Security, the Secretary of State, 
the Attorney General, and the head of any 
other department or agency that possesses 
authority to enter data related to the immi-
gration status of foreign nationals, including
2979 
lawful permanent resident aliens, or where 
such information could serve to impede law-
ful admission of United States citizens to the 
United States, shall each establish guidelines 
related to data entry procedures. Such guide-
lines shall— 
ø(1) strictly limit the agency per-
sonnel authorized to enter data into the 
system; 
ø(2) identify classes of information to 
be designated as temporary or permanent 
entries, with corresponding expiration 
dates for temporary entries; and 
ø(3) identify classes of prejudicial in-
formation requiring additional authority 
of supervisory personnel prior to entry. 
ø(f) SYSTEM ADAPTABILITY.— 
ø(1) Each agency authorized to enter 
data related to the immigration status of 
any persons identified in subsection (b) 
above shall develop and implement sys-
tem protocols to— 
ø(A) correct erroneous data en-
tries in a timely and effective man-
ner;
2980 
ø(B) clarify information known to 
cause false hits or misidentification 
errors; and 
ø(C) update all relevant informa-
tion that is dispositive to the adju-
dicatory or admission process. 
ø(2) The President or agency director 
so designated by the President shall es-
tablish a clearinghouse bureau as part of 
the Department of Homeland Security to 
centralize and streamline the process 
through which members of the public can 
seek corrections to erroneous or inac-
curate information related to immigra-
tion status, or which otherwise impedes 
lawful admission to the United States 
contained in agency databases. Such 
process shall include specific time sched-
ules for reviewing data correction re-
quests, rendering decisions on such re-
quests, and implementing appropriate 
corrective action in a timely manner. 
ø(g) TRAINING.—Agency personnel author-
ized to enter data pursuant to subsection
2981 
(b)(1) shall undergo extensive training in im-
migration law and procedure. 
ø(h) IMPLEMENTATION
AUDIT.—The Sec-
retary of the Department of Homeland Secu-
rity shall issue a report to Congress within 6 
months of enactment of this Act that details 
activities undertaken to date to develop an 
entry-exit system, areas in which the system 
currently does not achieve the mandates set 
forth by this section, and the funding, infra-
structure, technology and other factors need-
ed to complete the system, as well as a de-
tailed time frame in which the completion of 
the system will be achieved. 
ø(i) REPORTS.— 
ø(1) The Secretaries of the Depart-
ments of State and Homeland Security 
jointly shall report biannually to Con-
gress on: Current infrastructure and 
staffing at each port of entry and each 
consular post, numbers of immigrant and 
nonimmigrant visas issued, specify the 
numbers of individuals subject to expe-
dited removal at the ports of entry as 
well as within 100 miles of the United
2982 
States border, the plan for enhanced 
database review at entry, the number of 
suspected terrorists and criminals inter-
cepted utilizing the entry/exit system and 
the moneys spent in the preceding fiscal 
year to achieve the mandates of this sec-
tion, areas in which they failed to 
achieve these mandates, and the steps 
they are taking to address these defi-
ciencies. For ports of entry, similar infor-
mation shall be provided including the 
number of I–94s issued, immigrant visa 
admissions made, and nonimmigrant ad-
missions. 
ø(2) No later than 120 days after en-
actment of this Act, the Secretary of 
Homeland Security and the Secretary of 
State, after consultation with the Direc-
tor of the National Institute of Standards 
and Technology and the Commission on 
Interoperable Data Sharing, shall issue a 
report addressing the following areas: 
ø(A) The status of agency compli-
ance with the mandates set forth in 
section 202 (‘‘Interoperable Law En-
2983 
forcement and Intelligence Data Sys-
tem with Name-Matching Capacity 
and Training’’) of the Enhanced Bor-
der Security and Visa Entry Reform 
Act (Public Law 107–173). 
ø(B) The status of agency compli-
ance with section 201(c)(3) (‘‘Protec-
tions 
Regarding 
Information 
and 
Uses Thereof’’) of the Enhanced Bor-
der Security and Visa Entry Reform 
Act (Public Law 107–173). 
ø(3) No later than 1 year after enact-
ment of this Act, the Secretary of Home-
land Security, the Secretary of State, the 
Attorney General, and the head of any 
other department or agency bound by the 
mandates in this Act, shall issue both in-
dividual status reports and a joint status 
report detailing compliance with each 
mandate contained in this section. 
ø(j) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated such 
sums as may be necessary to carry out this 
section.
2984 
øSEC. 3092. ENHANCED RESPONSIBILITIES OF THE COORDI-
NATOR FOR counterterrorism. 
ø(a) DECLARATION OF UNITED STATES POL-
ICY.—Congress declares that it shall be the 
policy of the United States to— 
ø(1) make combating terrorist travel 
and those who assist them a priority for 
the United States counterterrorism pol-
icy; and 
ø(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, 
with and from foreign governments, in 
order to initiate United States and for-
eign prosecutions of such individuals. 
ø(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: 
ø‘‘(C) ADDITIONAL DUTIES RELATING 
TO TERRORIST TRAVEL.—In addition to 
the principal duties of the Coordi-
2985 
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.’’. 
øSEC. 3093. ESTABLISHMENT OF OFFICE OF VISA AND PASS-
PORT SECURITY IN THE DEPARTMENT OF 
STATE. 
ø(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’’). 
ø(b) HEAD OF OFFICE.— 
ø(1) 
IN
GENERAL.—Notwithstanding 
any other provision of law, the head of 
the Office shall be an individual who 
shall have the rank and status of Deputy
2986 
Assistant Secretary of State for Diplo-
matic Security (in this section referred to 
as the ‘‘Deputy Assistant Secretary’’). 
ø(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. 
ø(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. 
ø(c) DUTIES.— 
ø(1) 
PREPARATION
OF
STRATEGIC 
PLAN.— 
ø(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,
2987 
distribution, use, or other similar ac-
tivity— 
ø(i) of a United States visa or 
United States passport; 
ø(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 
ø(iii) of passports and visas 
issued by foreign countries in-
tended to gain unlawful entry 
into the United States. 
ø(B) EMPHASIS.—Such plan shall— 
ø(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)); 
ø(ii) require the development 
of a strategic training course
2988 
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 
ø(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
2989 
and visas, and other types of trav-
el documents. 
ø(2) DUTIES
OF
OFFICE.—The Office 
shall have the following duties: 
ø(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. 
ø(B) IDENTIFICATION
OF
INDIVID-
UALS AND DOCUMENTS.—Identify, in co-
operation 
with 
the 
Human 
Traf-
ficking and Smuggling Center, indi-
viduals who facilitate travel by the 
creation of false passports and visas, 
documents used to obtain such pass-
ports and visas, and other types of 
travel documents, and ensure that 
the appropriate agency is notified for
2990 
further investigation and prosecution 
or, in the case of such individuals 
abroad for which no further inves-
tigation or prosecution is initiated, 
ensure that all appropriate informa-
tion is shared with foreign govern-
ments in order to facilitate investiga-
tion, arrest, and prosecution of such 
individuals. 
ø(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 
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. 
ø(D) 
INSPECTION
OF
APPLICA-
TIONS.—Randomly inspect visa and
2991 
passport applications for accuracy, 
efficiency, and fraud, especially at 
high terrorist threat posts, in order to 
prevent a recurrence of the issuance 
of visas to those who submit incom-
plete, fraudulent, or otherwise irreg-
ular or incomplete applications. 
ø(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— 
ø(A) a description of the strategic 
plan prepared under paragraph (1); 
and 
ø(B) an evaluation of the feasi-
bility of establishing civil service po-
sitions in field offices of the Bureau 
of Diplomatic Security to investigate 
visa and passport fraud, including an 
evaluation of whether to allow diplo-
matic security agents to convert to 
civil service officers to fill such posi-
tions.
2992 
øSubtitle D—Terrorist Travel 
øSEC. 3101. INFORMATION SHARING AND COORDINATION. 
øThe Secretary of Homeland Security 
shall establish a mechanism to— 
ø(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 
ø(2) ensure the sharing of terrorist 
travel intelligence and operational infor-
mation with the Department of State, the 
National counterterrorism Center, and 
other appropriate Federal agencies. 
øSEC. 3102. TERRORIST TRAVEL PROGRAM. 
øThe Secretary of Homeland Security 
shall establish a program to—
2993 
ø(1) analyze and utilize information 
and intelligence regarding terrorist trav-
el tactics, patterns, trends, and practices; 
and 
ø(2) disseminate that information to 
all front-line Department of Homeland 
Security personnel who are at ports of 
entry or between ports of entry, to immi-
gration benefits offices, and, in coordina-
tion with the Secretary of State, to appro-
priate individuals at United States em-
bassies and consulates. 
øSEC. 3103. TRAINING PROGRAM. 
ø(a) REVIEW, EVALUATION, AND REVISION OF 
EXISTING TRAINING PROGRAMS.—The Secretary 
of Homeland Security shall— 
ø(1) review and evaluate the training 
currently provided to Department of 
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
2994 
ø(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. 
ø(b) REQUIRED TOPICS
OF REVISED PRO-
GRAMS.—The 
training 
program 
developed 
under subsection (a)(2) shall include training 
in the following areas: 
ø(1) Methods for identifying fraudu-
lent and genuine travel documents. 
ø(2) Methods for detecting terrorist 
indicators on travel documents and other 
relevant identity documents. 
ø(3) Recognizing travel patterns, tac-
tics, and behaviors exhibited by terror-
ists. 
ø(4) Effectively utilizing information 
contained in databases and data systems 
available to the Department of Homeland 
Security. 
ø(5) Other topics determined to be ap-
propriate by the Secretary of Homeland 
Security in consultation with the Sec-
2995 
retary of State or the National Intel-
ligence Director. 
øSEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINA-
TION PLAN. 
ø(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. 
ø(b) INTEROPERABILITY REQUIREMENT.—To 
the extent possible, technologies to be ac-
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. 
ø(c) PASSPORT SCREENING.—The plan shall 
address the feasibility of using such tech-
2996 
nologies to screen passports submitted for 
identification purposes to a United States 
consular, border, or immigration official. 
øSubtitle E—Maritime Security 
Requirements 
øSEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARI-
TIME SECURITY REQUIREMENTS. 
ø(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’’. 
ø(b) FACILITY AND VESSEL VULNERABILITY 
ASSESSMENTS.—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’’. 
ø(c) TRANSPORTATION SECURITY CARD REG-
ULATIONS.—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’’.
2997 
øTITLE IV—INTERNATIONAL CO-
OPERATION AND COORDINA-
TION 
øSubtitle A—Attack Terrorists and 
Their Organizations 
øCHAPTER 1—PROVISIONS RELATING TO 
TERRORIST SANCTUARIES 
øSEC. 4001. UNITED STATES POLICY ON TERRORIST SANC-
TUARIES. 
øIt is the sense of Congress that it should 
be the policy of the United States— 
ø(1) to identify and prioritize foreign 
countries that are or that could be used 
as terrorist sanctuaries; 
ø(2) to assess current United States 
resources being provided to such foreign 
countries; 
ø(3) to develop and implement a co-
ordinated strategy to prevent terrorists 
from using such foreign countries as 
sanctuaries; and 
ø(4) to work in bilateral and multilat-
eral fora to prevent foreign countries 
from being used as terrorist sanctuaries.
2998 
øSEC. 4002. REPORTS ON TERRORIST SANCTUARIES. 
ø(a) INITIAL REPORT.— 
ø(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. 
ø(2) CONTENT.—The report required 
under this subsection shall include the 
following: 
ø(A) A list that prioritizes each 
actual and potential terrorist sanc-
tuary and a description of activities 
in the actual and potential sanc-
tuaries. 
ø(B) An outline of strategies for 
preventing the use of, disrupting, or 
ending the use of such sanctuaries. 
ø(C) A detailed description of ef-
forts, including an assessment of suc-
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-
2999 
rupt or eliminate the security pro-
vided to terrorists by each such sanc-
tuary. 
ø(D) A description of long-term 
goals and actions designed to reduce 
the conditions that allow the forma-
tion of terrorist sanctuaries. 
ø(b) SUBSEQUENT REPORTS.— 
ø(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— 
ø(A) by striking ‘‘(1)’’ and insert-
ing ‘‘(1)(A)’’; 
ø(B) by redesignating subpara-
graphs (A) through (C) as clauses (i) 
through (iii), respectively; 
ø(C) in subparagraph (A)(iii) (as 
redesignated), by adding ‘‘and’’ at the 
end; and 
ø(D) by adding at the end the fol-
lowing: 
ø‘‘(B) detailed assessments with re-
spect to each foreign country whose ter-
ritory is being used or could potentially
3000 
be used as a sanctuary for terrorists or 
terrorist organizations;’’. 
ø(2) PROVISIONS TO BE INCLUDED IN RE-
PORT.—Section 140(b) of such Act (22 
U.S.C. 2656f(b)) is amended— 
ø(A) in paragraph (1)— 
ø(i) in the matter preceding 
subparagraph 
(A), 
by 
striking 
‘‘subsection (a)(1)’’ and inserting 
‘‘subsection (a)(1)(A)’’; and 
ø(ii) by striking ‘‘and’’ at the 
end; 
ø(B) by redesignating paragraph 
(2) as paragraph (3); 
ø(C) by inserting after paragraph 
(1) the following: 
ø‘‘(2) 
with 
respect 
to 
subsection 
(a)(1)(B)— 
ø‘‘(A) the extent of knowledge by 
the government of the country with 
respect to terrorist activities in the 
territory of the country; and 
ø‘‘(B) the actions by the country—
3001 
ø‘‘(i) to eliminate each ter-
rorist sanctuary in the territory 
of the country; 
ø‘‘(ii) to cooperate with United 
States antiterrorism efforts; and 
ø‘‘(iii) to prevent the prolifera-
tion of and trafficking in weapons 
of 
mass 
destruction 
in 
and 
through the territory of the coun-
try;’’; 
ø(D) by striking the period at the 
end of paragraph (3) (as redesig-
nated) and inserting a semicolon; and 
ø(E) by inserting after paragraph 
(3) (as redesignated) the following: 
ø‘‘(4) a strategy for addressing and, 
where 
possible, 
eliminating 
terrorist 
sanctuaries that shall include— 
ø‘‘(A) a description of actual and 
potential terrorist sanctuaries, to-
gether with an assessment of the pri-
orities of addressing and eliminating 
such sanctuaries; 
ø‘‘(B) an outline of strategies for 
disrupting or eliminating the security
3002 
provided to terrorists by such sanc-
tuaries; 
ø‘‘(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 
ø‘‘(D) a description of long-term 
goals and actions designed to reduce 
the conditions that allow the forma-
tion of terrorist sanctuaries; 
ø‘‘(5) an update of the information 
contained in the report required to be 
transmitted to Congress pursuant to sec-
tion 4002(a)(2) of the 9/11 Recommenda-
tions Implementation Act; 
ø‘‘(6) to the extent practicable, com-
plete statistical information on the num-
ber 
of 
individuals, 
including 
United 
States citizens and dual nationals, killed, 
injured, or kidnapped by each terrorist
3003 
group during the preceding calendar 
year; and 
ø‘‘(7) an analysis, as appropriate, re-
lating to trends in international ter-
rorism, including changes in technology 
used, methods and targets of attacks, de-
mographic information on terrorists, and 
other appropriate information.’’. 
ø(3) DEFINITIONS.—Section 140(d) of 
such Act (22 U.S.C. 2656f(d)) is amended— 
ø(A) in paragraph (2), by striking 
‘‘and’’ at the end; 
ø(B) in paragraph (3), by striking 
the period at the end and inserting a 
semicolon; and 
ø(C) by adding at the end the fol-
lowing: 
ø‘‘(4) the term ‘territory’ and ‘terri-
tory of the country’ means the land, wa-
ters, and airspace of the country; and 
ø‘‘(5) 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—
3004 
ø‘‘(A) to carry out terrorist activi-
ties, including training, fundraising, 
financing, recruitment, and education 
activities; or 
ø‘‘(B) to provide transit through 
the country.’’. 
ø(4) EFFECTIVE
DATE.—The 
amend-
ments made by paragraphs (1), (2), and 
(3) apply with respect to the report re-
quired to be transmitted under section 
140 of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1988 and 1989, by 
April 30, 2006, and by April 30 of each 
subsequent year. 
øSEC. 4003. AMENDMENTS TO EXISTING LAW TO INCLUDE 
TERRORIST SANCTUARIES. 
ø(a) AMENDMENTS.—Section 6(j) of the Ex-
port Administration Act of 1979 (50 U.S.C. 
App. 2405(j)) is amended— 
ø(1) in paragraph (1)— 
ø(A) by redesignating subpara-
graph (B) as subparagraph (C); and 
ø(B) by inserting after subpara-
graph (A) the following:
3005 
ø‘‘(B) Any part of the territory of the 
country is being used as a sanctuary for 
terrorists or terrorist organizations.’’; 
ø(2) in paragraph (3), by striking 
‘‘paragraph (1)(A)’’ and inserting ‘‘sub-
paragraph (A) or (B) of paragraph (1)’’; 
ø(3) by redesignating paragraph (5) as 
paragraph (6); 
ø(4) by inserting after paragraph (4) 
the following: 
ø‘‘(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 — 
ø‘‘(A) is taking concrete, verifiable 
steps to eliminate each terrorist sanc-
tuary in the territory of the country; 
ø‘‘(B) 
is 
cooperating 
with 
United 
States antiterrorism efforts; and
3006 
ø‘‘(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 
ø(5) by inserting after paragraph (6) 
(as redesignated) the following: 
ø‘‘(7) In this subsection— 
ø‘‘(A) the term ‘territory of the coun-
try’ means the land, waters, and airspace 
of the country; and 
ø‘‘(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— 
ø‘‘(i) to carry out terrorist activi-
ties, including training, fundraising, 
financing, recruitment, and education 
activities; or 
ø‘‘(ii) to provide transit through 
the country.’’. 
ø(b) 
IMPLEMENTATION.—The 
President 
shall implement the amendments made by 
subsection (a) by exercising the authorities
3007 
the President has under the International 
Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.). 
øCHAPTER 2—OTHER PROVISIONS 
øSEC. 4011. APPOINTMENTS TO FILL VACANCIES IN ARMS 
CONTROL AND NONPROLIFERATION ADVI-
SORY BOARD. 
ø(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. 
ø(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. 
øSEC. 4012. REVIEW OF UNITED STATES POLICY ON PRO-
LIFERATION OF WEAPONS OF MASS DE-
STRUCTION AND CONTROL OF STRATEGIC 
WEAPONS. 
ø(a) REVIEW.—
3008 
ø(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. 
ø(2) 
COMPONENTS.—The 
review 
re-
quired under this subsection shall con-
tain at a minimum the following: 
ø(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. 
ø(B) Proposals that contain a 
range of options that if implemented 
would adequately address any signifi-
cant threat deriving from the defi-
ciencies in existing United States 
policies described in subparagraph 
(A).
3009 
ø(b) REPORTS.— 
ø(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). 
ø(2) FINAL
REPORT.—Not later than 
December 1, 2005, the Advisory Board 
shall prepare and submit to the Under-
secretary of State for Arms Control and 
International Security, and to the Com-
mittee on International Relations of the 
House of Representatives and the Com-
mittee on Foreign Relations of the Sen-
ate, a final report that contains the com-
prehensive results of the review carried 
out pursuant to subsection (a). 
ø(c) EXPERTS
AND CONSULTANTS.—In car-
rying out this section, the Advisory Board 
may procure temporary and intermittent 
services of experts and consultants, including 
experts and consultants from nongovern-
3010 
mental organizations, under section 3109(b) of 
title 5, United States Code. 
ø(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. 
øSEC. 4013. INTERNATIONAL AGREEMENTS TO INTERDICT 
ACTS OF INTERNATIONAL TERRORISM. 
øSection 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: 
ø‘‘(D) ADDITIONAL DUTIES RELATING 
TO
INTERNATIONAL
AGREEMENTS
TO 
INTERDICT ACTS OF INTERNATIONAL TER-
RORISM.— 
ø‘‘(i) IN GENERAL.—In addition 
to the principal duties of the Co-
ordinator described in subpara-
graph (B), the Coordinator, in 
consultation with relevant United 
States Government agencies, shall 
seek to negotiate on a bilateral
3011 
basis 
international 
agreements 
under which parties to an agree-
ment work in partnership to ad-
dress and interdict acts of inter-
national terrorism. 
ø‘‘(ii) TERMS OF INTERNATIONAL 
AGREEMENT.—It is the sense of 
Congress that— 
ø‘‘(I) each party to an 
international agreement re-
ferred to in clause (i)— 
ø‘‘(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; 
ø‘‘(bb) should sign and 
adhere 
to 
a 
‘counter-
terrorism Pledge’ and a
3012 
list of ‘Interdiction Prin-
ciples’, to be determined 
by 
the 
parties 
to 
the 
agreement; 
ø‘‘(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; 
ø‘‘(dd) should agree to 
joint 
training 
exercises 
among the other parties to 
the agreement; and 
ø‘‘(ee) should agree to 
the negotiation and imple-
mentation of other rel-
evant international agree-
ments 
and 
consensus- 
based international stand-
ards; and
3013 
ø‘‘(II) 
an 
international 
agreement 
referred 
to 
in 
clause (i) should contain pro-
visions that require the par-
ties to the agreement— 
ø‘‘(aa) to identify re-
gions 
throughout 
the 
world that are emerging 
terrorist threats; 
ø‘‘(bb) to establish ter-
rorism interdiction cen-
ters in such regions and 
other regions, as appro-
priate; 
ø‘‘(cc) to deploy ter-
rorism prevention teams 
to such regions, including 
United States-led teams; 
and 
ø‘‘(dd) to integrate in-
telligence, 
military, 
and 
law 
enforcement 
per-
sonnel from countries that 
are parties to the agree-
ment in order to work di-
3014 
rectly with the regional 
centers described in item 
(bb) and regional teams 
described in item (cc).’’. 
øSEC. 4014. EFFECTIVE COALITION APPROACH TOWARD DE-
TENTION AND HUMANE TREATMENT OF CAP-
TURED TERRORISTS. 
øIt 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). 
øSEC. 4015. SENSE OF CONGRESS AND REPORT REGARDING 
COUNTER-DRUG EFFORTS IN AFGHANISTAN. 
ø(a) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
ø(1) the President should make the 
substantial reduction of illegal drug pro-
3015 
duction and trafficking in Afghanistan a 
priority in the Global War on Terrorism; 
ø(2) the Secretary of Defense, in co-
ordination with the Secretary of State, 
Attorney General, and the heads of other 
appropriate Federal agencies, should ex-
pand cooperation with the Government 
of Afghanistan and international organi-
zations involved in counter-drug activi-
ties to assist in providing a secure envi-
ronment for counter-drug personnel in 
Afghanistan; and 
ø(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. 
ø(b) REPORT REQUIRED.—(1) The Secretary 
of Defense and the Secretary of State shall 
jointly prepare a report that describes— 
ø(A) the progress made towards sub-
stantially reducing poppy cultivation and
3016 
heroin production capabilities in Afghan-
istan; and 
ø(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. 
ø(2) The report required by this sub-
section shall be submitted to Congress not 
later than 120 days after the date of the enact-
ment of this Act. 
øSubtitle B—Prevent the 
Continued Growth of Terrorism 
øCHAPTER 1—UNITED STATES PUBLIC 
DIPLOMACY 
øSEC. 4021. ANNUAL REVIEW AND ASSESSMENT OF PUBLIC 
DIPLOMACY STRATEGY. 
ø(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 
of the impact of public diplomacy efforts on 
target audiences. Each assessment shall re-
3017 
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. 
ø(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. 
øSEC. 4022. PUBLIC DIPLOMACY TRAINING. 
ø(a) STATEMENT OF POLICY.—It should be 
the policy of the United States:
3018 
ø(1) The Foreign Service should re-
cruit individuals with expertise and pro-
fessional experience in public diplomacy. 
ø(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. 
ø(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. 
ø(b) PERSONNEL.— 
ø(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-
3019 
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. 
ø(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. 
øSEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUS-
LIM COUNTRIES. 
ø(a) DECLARATION
OF
POLICY.—Congress 
declares 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-
3020 
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. 
ø(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). 
øSEC. 4024. PUBLIC DIPLOMACY REQUIRED FOR PRO-
MOTION IN FOREIGN SERVICE. 
ø(a) IN GENERAL.—Section 603(b) of the 
Foreign Service Act of 1980 (22 U.S.C. 4003(b)) 
is amended by adding at the end the following 
new sentences: ‘‘The precepts for such selec-
tion boards shall also consider whether the 
member of the Service or the member of the
3021 
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.’’. 
ø(b) EFFECTIVE
DATE.—The amendment 
made by subsection (a) shall take effect on 
January 1, 2009. 
øCHAPTER 2—UNITED STATES 
MULTILATERAL DIPLOMACY 
øSEC. 4031. PURPOSE. 
øIt is the purpose of this chapter to 
strengthen United States leadership and ef-
fectiveness at international organizations and 
multilateral institutions. 
øSEC. 4032. SUPPORT AND EXPANSION OF DEMOCRACY 
CAUCUS. 
ø(a) IN GENERAL.—The President, acting 
through the Secretary of State and the rel-
evant United States chiefs of mission, shall— 
ø(1) continue to strongly support and 
seek to expand the work of the democ-
racy caucus at the United Nations Gen-
3022 
eral Assembly and the United Nations 
Human Rights Commission; and 
ø(2) seek to establish a democracy 
caucus at the United Nations Conference 
on Disarmament and at other broad- 
based international organizations. 
ø(b) PURPOSES OF THE CAUCUS.—A democ-
racy caucus at an international organization 
should— 
ø(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; 
ø(2) work to revise an increasingly 
outmoded system of membership selec-
tion, regional voting, and decision mak-
ing; and 
ø(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.
3023 
øSEC. 4033. LEADERSHIP AND MEMBERSHIP OF INTER-
NATIONAL ORGANIZATIONS. 
ø(a) UNITED STATES POLICY.—The Presi-
dent, acting through the Secretary of State 
and the relevant United States chiefs of mis-
sion, shall use the voice, vote, and influence 
of the United States to— 
ø(1) where appropriate, reform the 
criteria for leadership and, in appro-
priate cases, for membership, at all 
United Nations bodies and at other inter-
national organizations and multilateral 
institutions to which the United States is 
a member so as to exclude countries that 
violate the principles of the specific orga-
nization; 
ø(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
3024 
ø(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)). 
ø(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
3025 
on Foreign Relations of the Senate a report on 
any steps taken pursuant to subsection (a)(3). 
øSEC. 4034. INCREASED TRAINING IN MULTILATERAL DI-
PLOMACY. 
ø(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: 
ø‘‘(c) TRAINING
IN MULTILATERAL DIPLO-
MACY.— 
ø‘‘(1) 
IN
GENERAL.—The 
Secretary 
shall 
establish 
a 
series 
of 
training 
courses for officers of the Service, includ-
ing appropriate chiefs of mission, on the 
conduct of diplomacy at international or-
ganizations and other multilateral insti-
tutions and at broad-based multilateral 
negotiations 
of 
international 
instru-
ments. 
ø‘‘(2) 
PARTICULAR
PROGRAMS.—The 
Secretary shall ensure that the training 
described in paragraph (1) is provided at 
various stages of the career of members 
of the service. In particular, the Sec-
3026 
retary shall ensure that after January 1, 
2006— 
ø‘‘(A) officers of the Service re-
ceive training on the conduct of di-
plomacy at international organiza-
tions and other multilateral institu-
tions and at broad-based multilateral 
negotiations of international instru-
ments as part of their training upon 
entry into the Service; and 
ø‘‘(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-
3027 
ginning of service for such assign-
ment or, if receiving such training at 
that time is not practical, within the 
first year of beginning such assign-
ment.’’. 
ø(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. 
ø(c) CONFORMING
AMENDMENTS.—Section 
708 of such Act is further amended— 
ø(1) in subsection (a), by striking ‘‘(a) 
The’’ and inserting ‘‘(a) TRAINING
ON 
HUMAN RIGHTS.—The’’; and 
ø(2) in subsection (b), by striking ‘‘(b) 
The’’ and inserting ‘‘(b) TRAINING ON REF-
UGEE LAW AND RELIGIOUS PERSECUTION.— 
The’’.
3028 
øSEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF 
OFFICE ON MULTILATERAL NEGOTIATIONS. 
ø(a) ESTABLISHMENT OF OFFICE.—The Sec-
retary of State is authorized to establish, 
within the Bureau of International Organiza-
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’’). 
ø(b) 
APPOINTMENT.—The 
Special 
Rep-
resentative shall be appointed by the Presi-
dent and shall have the rank of Ambassador- 
at-Large. At the discretion of the President 
another official at the Department may serve 
as the Special Representative. 
ø(c) STAFFING.—The Special Representa-
tive shall have a staff of Foreign Service and 
civil service officers skilled in multilateral di-
plomacy. 
ø(d) DUTIES.—The Special Representative 
shall have the following responsibilities: 
ø(1) IN
GENERAL.—The primary re-
sponsibility of the Special Representative 
shall be to assist in the organization of, 
and preparation for, United States par-
3029 
ticipation in multilateral negotiations, in-
cluding advocacy efforts undertaken by 
the Department of State and other United 
States Government agencies. 
ø(2) 
CONSULTATIONS.—The 
Special 
Representative shall consult with Con-
gress, international organizations, non-
governmental organizations, and the pri-
vate sector on matters affecting multilat-
eral negotiations. 
ø(3) ADVISORY ROLE.—The Special Rep-
resentative shall advise the Assistant Sec-
retary for International Organizational 
Affairs and, as appropriate, the Secretary 
of State, regarding advocacy at inter-
national organizations, multilateral insti-
tutions, and negotiations, and shall make 
recommendations regarding— 
ø(A) effective strategies (and tac-
tics) to achieve United States policy 
objectives 
at 
multilateral 
negotia-
tions; 
ø(B) the need for and timing of 
high level intervention by the Presi-
dent, the Secretary of State, the Dep-
3030 
uty Secretary of State, and other 
United States officials to secure sup-
port from key foreign government of-
ficials for United States positions at 
such organizations, institutions, and 
negotiations; and 
ø(C) the composition of United 
States delegations to multilateral ne-
gotiations. 
ø(4) ANNUAL
DIPLOMATIC
MISSIONS
OF 
MULTILATERAL
ISSUES.—The Special Rep-
resentative, in coordination with the As-
sistant Secretary for International Orga-
nizational Affairs, shall organize annual 
diplomatic missions to appropriate for-
eign countries to conduct consultations 
between principal officers responsible for 
advising the Secretary of State on inter-
national 
organizations 
and 
high-level 
representatives of the governments of 
such foreign countries to promote the 
United States agenda at the United Na-
tions General Assembly and other key 
international fora (such as the United Na-
tions Human Rights Commission).
3031 
ø(5) LEADERSHIP
AND
MEMBERSHIP
OF 
INTERNATIONAL
ORGANIZATIONS.—The Spe-
cial Representative, in coordination with 
the Assistant Secretary of International 
Organizational Affairs, shall direct the ef-
forts of the United States to reform the 
criteria for leadership of and member-
ship in international organizations as de-
scribed in section 4033. 
ø(6) PARTICIPATION
IN
MULTILATERAL 
NEGOTIATIONS.—The Secretary of State 
may direct the Special Representative to 
serve as a member of a United States del-
egation to any multilateral negotiation. 
øCHAPTER 3—OTHER PROVISIONS 
øSEC. 4041. PILOT PROGRAM TO PROVIDE GRANTS TO 
AMERICAN-SPONSORED SCHOOLS IN PRE-
DOMINANTLY MUSLIM COUNTRIES TO PRO-
VIDE SCHOLARSHIPS. 
ø(a) FINDINGS.—Congress finds the fol-
lowing: 
ø(1) During the 2003–2004 school year, 
the Office of Overseas Schools of the De-
partment of State is financially assisting
3032 
189 elementary and secondary schools in 
foreign countries. 
ø(2) American-sponsored elementary 
and secondary schools are located in 
more than 20 countries with significant 
Muslim populations in the Near East, Af-
rica, South Asia, Central Asia, and East 
Asia. 
ø(3) American-sponsored elementary 
and secondary schools provide an Amer-
ican-style education in English, with cur-
ricula that typically include an emphasis 
on the development of critical thinking 
and analytical skills. 
ø(b) PURPOSE.—The United States has an 
interest in increasing the level of financial 
support provided to American-sponsored ele-
mentary and secondary schools in predomi-
nantly Muslim countries, in order to— 
ø(1) increase the number of students 
in 
such 
countries 
who 
attend 
such 
schools; 
ø(2) increase the number of young 
people who may thereby gain at any 
early age an appreciation for the culture,
3033 
society, and history of the United States; 
and 
ø(3) increase the number of young 
people who may thereby improve their 
proficiency in the English language. 
ø(c) PILOT
PROGRAM
AUTHORIZED.—The 
Secretary of State, acting through the Direc-
tor of the Office of Overseas Schools of the De-
partment of State, may conduct a pilot pro-
gram to make grants to American-sponsored 
elementary and secondary schools in pre-
dominantly Muslim countries for the purpose 
of providing full or partial merit-based schol-
arships to students from lower- and middle- 
income families of such countries to attend 
such schools. 
ø(d) DETERMINATION
OF
ELIGIBLE
STU-
DENTS.—For purposes of expending grant 
funds, an American-sponsored elementary 
and secondary school that receives a grant 
under subsection (c) is authorized to establish 
criteria to be implemented by such school to 
determine what constitutes lower- and mid-
dle-income families in the country (or region 
of the country, if regional variations in in-
3034 
come levels in the country are significant) in 
which such school is located. 
ø(e) RESTRICTION
ON
USE
OF
FUNDS.— 
Amounts appropriated to the Secretary of 
State pursuant to the authorization of appro-
priations in subsection (h) shall be used for 
the sole purpose of making grants under this 
section, and may not be used for the adminis-
tration of the Office of Overseas Schools of 
the Department of State or for any other ac-
tivity of the Office. 
ø(f) VOLUNTARY
PARTICIPATION.—Nothing 
in this section shall be construed to require 
participation in the pilot program by an 
American-sponsored elementary or secondary 
school in a predominantly Muslim country. 
ø(g) REPORT.—Not later than April 15, 
2006, the Secretary shall submit to the Com-
mittee on International Relations of the 
House of Representatives and the Committee 
on Foreign Relations of the Senate a report on 
the pilot program. The report shall assess the 
success of the program, examine any obsta-
cles encountered in its implementation, and 
address whether it should be continued, and
3035 
if so, provide recommendations to increase its 
effectiveness. 
ø(h) FUNDING.—There are authorized to be 
appropriated to the Secretary of State such 
sums as may be necessary for each of fiscal 
years 2005, 2006, and 2007 to carry out this 
section. 
øSEC. 4042. ENHANCING FREE AND INDEPENDENT MEDIA. 
ø(a) FINDINGS.—Congress makes the fol-
lowing findings: 
ø(1) Freedom of speech and freedom 
of the press are fundamental human 
rights. 
ø(2) The United States has a national 
interest in promoting these freedoms by 
supporting free media abroad, which is 
essential to the development of free and 
democratic societies consistent with our 
own. 
ø(3) Free media is undermined, en-
dangered, or nonexistent in many repres-
sive and transitional societies around the 
world, including in Eurasia, Africa, and 
the Middle East.
3036 
ø(4) Individuals lacking access to a 
plurality of free media are vulnerable to 
misinformation and propaganda and are 
potentially more likely to adopt anti- 
American views. 
ø(5) Foreign governments have a re-
sponsibility to actively and publicly dis-
courage and rebut unprofessional and 
unethical media while respecting journal-
istic integrity and editorial independ-
ence. 
ø(b) STATEMENTS OF POLICY.—It shall be 
the policy of the United States, acting through 
the Secretary of State, to— 
ø(1) ensure that the promotion of 
press freedoms and free media worldwide 
is a priority of United States foreign pol-
icy and an integral component of United 
States public diplomacy; 
ø(2) respect the journalistic integrity 
and editorial independence of free media 
worldwide; and 
ø(3) ensure that widely accepted 
standards for professional and ethical 
journalistic and editorial practices are
3037 
employed when assessing international 
media. 
ø(c) GRANTS TO PRIVATE SECTOR GROUP TO 
ESTABLISH MEDIA NETWORK.— 
ø(1) IN GENERAL.—Grants made avail-
able to the National Endowment for De-
mocracy (NED) pursuant to paragraph (3) 
shall be used by NED to provide funding 
to a private sector group to establish and 
manage a free and independent media 
network in accordance with paragraph 
(2). 
ø(2) PURPOSE.—The purpose of the 
network shall be to provide an effective 
forum to convene a broad range of indi-
viduals, organizations, and governmental 
participants involved in journalistic ac-
tivities and the development of free and 
independent media to— 
ø(A) fund a clearinghouse to col-
lect 
and 
share 
information 
con-
cerning international media develop-
ment and training; 
ø(B) improve research in the field 
of media assistance and program
3038 
evaluation to better inform decisions 
regarding funding and program de-
sign for government and private do-
nors; 
ø(C) explore the most appropriate 
use of existing means to more effec-
tively encourage the involvement of 
the private sector in the field of 
media assistance; and 
ø(D) identify effective methods for 
the development of a free and inde-
pendent media in societies in transi-
tion. 
ø(3) FUNDING.—For grants made by 
the Department of State to NED as au-
thorized by the National Endowment for 
Democracy Act (Public Law 98–164, 97 
Stat. 1039), there are authorized to be ap-
propriated to the Secretary of State such 
sums as may be necessary for each of fis-
cal years 2005, 2006, and 2007 to carry out 
this section.
3039 
øSEC. 4043. COMBATING BIASED OR FALSE FOREIGN MEDIA 
COVERAGE OF THE UNITED STATES. 
ø(a) FINDINGS.—Congress finds the fol-
lowing: 
ø(1) Biased or false media coverage of 
the United States and its allies is a sig-
nificant factor encouraging terrorist acts 
against the people of the United States. 
ø(2) Public diplomacy efforts de-
signed to encourage an accurate under-
standing of the people of the United 
States and the policies of the United 
States are unlikely to succeed if foreign 
publics are subjected to unrelenting bi-
ased or false local media coverage of the 
United States. 
ø(3) Where freedom of the press exists 
in foreign countries the United States 
can combat biased or false media cov-
erage by responding in the foreign media 
or by communicating directly to foreign 
publics in such countries. 
ø(4) Foreign governments which en-
courage biased or false media coverage of 
the United States bear a significant de-
gree of responsibility for creating a cli-
3040 
mate within which terrorism can flour-
ish. Such governments are responsible 
for encouraging biased or false media 
coverage if they— 
ø(A) issue direct or indirect in-
structions to the media to publish bi-
ased or false information regarding 
the United States; 
ø(B) make deliberately biased or 
false charges expecting that such 
charges will be disseminated; or 
ø(C) so severely constrain the 
ability of the media to express criti-
cism of any such government that one 
of the few means of political expres-
sion available is criticism of the 
United States. 
ø(b) STATEMENTS OF POLICY.— 
ø(1) FOREIGN
GOVERNMENTS.—It shall 
be the policy of the United States to re-
gard foreign governments as knowingly 
engaged in unfriendly acts toward the 
United States if such governments— 
ø(A) instruct their state-owned or 
influenced media to include content
3041 
that is anti-American or prejudicial 
to the foreign and security policies of 
the United States; or 
ø(B) 
make 
deliberately 
false 
charges regarding the United States 
or permit false or biased charges 
against the United States to be made 
while constraining normal political 
discourse. 
ø(2) SEEKING MEDIA ACCESS; RESPOND-
ING
TO
FALSE
CHARGES.—It shall be the 
policy of the United States to— 
ø(A) seek access to the media in 
foreign countries on terms no less fa-
vorable than those afforded any other 
foreign entity or on terms available 
to the foreign country in the United 
States; and 
ø(B) combat biased or false media 
coverage in foreign countries of the 
United States and its allies by re-
sponding in the foreign media or by 
communicating directly to foreign 
publics.
3042 
ø(c) RESPONSIBILITIES REGARDING BIASED 
OR FALSE MEDIA COVERAGE.— 
ø(1) SECRETARY
OF
STATE.—The Sec-
retary of State shall instruct chiefs of 
mission to report on and combat biased 
or false media coverage originating in or 
received in foreign countries to which 
such chiefs are posted. Based on such re-
ports and other information available to 
the 
Secretary, 
the 
Secretary 
shall 
prioritize efforts to combat such media 
coverage, giving special attention to audi-
ences where fostering popular opposition 
to terrorism is most important and such 
media coverage is most prevalent. 
ø(2) CHIEFS OF MISSION.—Chiefs of mis-
sion shall have the following responsibil-
ities: 
ø(A) Chiefs of mission shall give 
strong priority to combatting biased 
or false media reports in foreign 
countries to which such chiefs are 
posted regarding the United States. 
ø(B) Chiefs of mission posted to 
foreign countries in which freedom of
3043 
the press exists shall inform the gov-
ernments of such countries of the 
policies of the United States regard-
ing biased or false media coverage of 
the United States, and shall make 
strong efforts to persuade such gov-
ernments to change policies that en-
courage such media coverage. 
ø(d) REPORTS.—Not later than 120 days 
after the date of the enactment of this Act and 
at least annually thereafter until January 1, 
2015, the Secretary shall submit to the Com-
mittee on International Relations of the 
House of Representatives and the Committee 
on Foreign Relations of the Senate a report 
regarding the major themes of biased or false 
media coverage of the United States in for-
eign countries, the actions taken to persuade 
foreign governments to change policies that 
encourage such media coverage (and the re-
sults of such actions), and any other actions 
taken to combat such media coverage in for-
eign countries.
3044 
øSEC. 4044. REPORT ON BROADCAST OUTREACH STRATEGY. 
ø(a) REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the 
President shall transmit to the Committee on 
International Relations of the House of Rep-
resentatives and the Committee on Foreign 
Relations of the Senate a report on the strat-
egy of the United States to expand its out-
reach to foreign Muslim audiences through 
broadcast media. 
ø(b) CONTENT.—The report required under 
subsection (a) shall contain the following: 
ø(1) An assessment of the Broad-
casting Board of Governors and the pub-
lic diplomacy activities of the Depart-
ment of State with respect to outreach to 
foreign Muslim audiences through broad-
cast media. 
ø(2) An outline of recommended ac-
tions that the United States should take 
to more regularly and comprehensively 
present a United States point of view 
through indigenous broadcast media in 
countries with sizeable Muslim popu-
lations, including increasing appearances
3045 
by United States Government officials, 
experts, and citizens. 
ø(3) An assessment of potential incen-
tives for, and costs associated with, en-
couraging United States broadcasters to 
dub or subtitle into Arabic and other rel-
evant languages their news and public af-
fairs programs broadcast in Muslim coun-
tries in order to present those programs 
to a much broader Muslim audience than 
is currently reached. 
ø(4) An assessment of providing a 
training program in media and press af-
fairs for members of the Foreign Service. 
øSEC. 4045. OFFICE RELOCATION. 
øAs soon as practicable after the date of 
the enactment of this Act, the Secretary of 
State shall take such actions as are necessary 
to consolidate within the Harry S. Truman 
Building all offices of the Department of State 
that are responsible for the conduct of public 
diplomacy, including the Bureau of Edu-
cational and Cultural Affairs.
3046 
øSEC. 4046. STRENGTHENING THE COMMUNITY OF DEMOC-
RACIES FOR MUSLIM COUNTRIES. 
ø(a) SENSE OF CONGRESS.—It is the sense of 
Congress that the United States— 
ø(1) should work with the Community 
of Democracies to discuss, develop, and 
refine policies and assistance programs 
to support and promote political, eco-
nomic, judicial, educational, and social 
reforms in Muslim countries; 
ø(2) should, as part of that effort, se-
cure support to require countries seeking 
membership in the Community of Democ-
racies to be in full compliance with the 
Community’s criteria for participation, as 
established by the Community’s Con-
vening Group, should work to ensure 
that the criteria are part of a legally 
binding document, and should urge other 
donor countries to use compliance with 
the criteria as a basis for determining 
diplomatic and economic relations (in-
cluding assistance programs) with such 
participating countries; and 
ø(3) should seek support for inter-
national contributions to the Community
3047 
of Democracies and should seek author-
ity 
for 
the 
Community’s 
Convening 
Group to oversee adherence and compli-
ance of participating countries with the 
criteria. 
ø(b) MIDDLE EAST PARTNERSHIP INITIATIVE 
AND BROADER MIDDLE EAST AND NORTH AFRICA 
INITIATIVE.—Amounts made available to carry 
out the Middle East Partnership Initiative 
and the Broader Middle East and North Africa 
Initiative may be made available to the Com-
munity of Democracies in order to strengthen 
and expand its work with Muslim countries. 
ø(c) REPORT.—The Secretary of State shall 
include in the annual report entitled ‘‘Sup-
porting Human Rights and Democracy: The 
U.S. Record’’ a description of efforts by the 
Community of Democracies to support and 
promote political, economic, judicial, edu-
cational, and social reforms in Muslim coun-
tries and the extent to which such countries 
meet the criteria for participation in the Com-
munity of Democracies.
3048 
øSubtitle C—Reform of Designation 
of Foreign Terrorist Organizations 
øSEC. 4051. DESIGNATION OF FOREIGN TERRORIST ORGA-
NIZATIONS. 
ø(a) 
PERIOD
OF
DESIGNATION.—Section 
219(a)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1189(a)(4)) is amended— 
ø(1) in subparagraph (A)— 
ø(A) by striking ‘‘Subject to para-
graphs (5) and (6), a’’ and inserting 
‘‘A’’; and 
ø(B) by striking ‘‘for a period of 2 
years beginning on the effective date 
of the designation under paragraph 
(2)(B)’’ and inserting ‘‘until revoked 
under paragraph (5) or (6) or set 
aside pursuant to subsection (c)’’; 
ø(2) by striking subparagraph (B) and 
inserting the following: 
ø‘‘(B) REVIEW OF DESIGNATION UPON 
PETITION.— 
ø‘‘(i) IN
GENERAL.—The Sec-
retary shall review the designa-
tion of a foreign terrorist organi-
zation under the procedures set
3049 
forth in clauses (iii) and (iv) if the 
designated organization files a 
petition for revocation within the 
petition 
period 
described 
in 
clause (ii). 
ø‘‘(ii) 
PETITION
PERIOD.—For 
purposes of clause (i)— 
ø‘‘(I) if the designated or-
ganization has not previously 
filed a petition for revocation 
under this subparagraph, the 
petition period begins 2 years 
after the date on which the 
designation was made; or 
ø‘‘(II) if the designated or-
ganization 
has 
previously 
filed a petition for revocation 
under this subparagraph, the 
petition period begins 2 years 
after the date of the deter-
mination made under clause 
(iv) on that petition. 
ø‘‘(iii) PROCEDURES.—Any for-
eign terrorist organization that 
submits a petition for revocation
3050 
under this subparagraph must 
provide evidence in that petition 
that the relevant circumstances 
described in paragraph (1) have 
changed in such a manner as to 
warrant revocation with respect 
to the organization. 
ø‘‘(iv) DETERMINATION.— 
ø‘‘(I) 
IN
GENERAL.—Not 
later than 180 days after re-
ceiving a petition for revoca-
tion submitted under this sub-
paragraph, 
the 
Secretary 
shall make a determination as 
to such revocation. 
ø‘‘(II) CLASSIFIED INFORMA-
TION.—The Secretary may con-
sider classified information in 
making a determination in re-
sponse to a petition for rev-
ocation. 
Classified 
informa-
tion shall not be subject to 
disclosure for such time as it 
remains classified, except that 
such information may be dis-
3051 
closed to a court ex parte and 
in camera for purposes of ju-
dicial 
review 
under 
sub-
section (c). 
ø‘‘(III) PUBLICATION OF DE-
TERMINATION.—A 
determina-
tion made by the Secretary 
under this clause shall be 
published in the Federal Reg-
ister. 
ø‘‘(IV) 
PROCEDURES.—Any 
revocation by the Secretary 
shall be made in accordance 
with paragraph (6).’’; and 
ø(3) by adding at the end the fol-
lowing: 
ø‘‘(C) OTHER
REVIEW
OF
DESIGNA-
TION.— 
ø‘‘(i) IN
GENERAL.—If in a 6- 
year period no review has taken 
place under subparagraph (B), 
the Secretary shall review the 
designation of the foreign ter-
rorist organization in order to de-
termine whether such designation
3052 
should be revoked pursuant to 
paragraph (6). 
ø‘‘(ii) PROCEDURES.—If a re-
view does not take place pursuant 
to subparagraph (B) in response 
to a petition for revocation that is 
filed in accordance with that sub-
paragraph, then the review shall 
be conducted pursuant to proce-
dures established by the Sec-
retary. The results of such review 
and the applicable procedures 
shall not be reviewable in any 
court. 
ø‘‘(iii) PUBLICATION OF RESULTS 
OF
REVIEW.—The Secretary shall 
publish any determination made 
pursuant to this subparagraph in 
the Federal Register.’’. 
ø(b) ALIASES.—Section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189) is 
amended— 
ø(1) by redesignating subsections (b) 
and (c) as subsections (c) and (d), respec-
tively; and
3053 
ø(2) by inserting after subsection (a) 
the following new subsection (b): 
ø‘‘(b) AMENDMENTS TO A DESIGNATION.— 
ø‘‘(1) IN GENERAL.—The Secretary may 
amend a designation under this sub-
section if the Secretary finds that the or-
ganization has changed its name, adopted 
a new alias, dissolved and then reconsti-
tuted itself under a different name or 
names, or merged with another organiza-
tion. 
ø‘‘(2) PROCEDURE.—Amendments made 
to a designation in accordance with para-
graph (1) shall be effective upon publica-
tion in the Federal Register. Subpara-
graphs (B) and (C) of subsection (a)(2) 
shall apply to an amended designation 
upon 
such 
publication. 
Paragraphs 
(2)(A)(i), (4), (5), (6), (7), and (8) of sub-
section (a) shall also apply to an amended 
designation. 
ø‘‘(3) 
ADMINISTRATIVE
RECORD.—The 
administrative record shall be corrected 
to include the amendments as well as any
3054 
additional relevant information that sup-
ports those amendments. 
ø‘‘(4) 
CLASSIFIED
INFORMATION.—The 
Secretary may consider classified infor-
mation in amending a designation in ac-
cordance with this subsection. Classified 
information shall not be subject to disclo-
sure for such time as it remains classi-
fied, except that such information may be 
disclosed to a court ex parte and in cam-
era for purposes of judicial review under 
subsection (c).’’. 
ø(c) TECHNICAL AND CONFORMING AMEND-
MENTS.—Section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189) is amended— 
ø(1) in subsection (a)— 
ø(A) in paragraph (3)(B), by strik-
ing ‘‘subsection (b)’’ and inserting 
‘‘subsection (c)’’; 
ø(B) in paragraph (6)(A)— 
ø(i) in the matter preceding 
clause (i), by striking ‘‘or a redes-
ignation made under paragraph 
(4)(B)’’ and inserting ‘‘at any time, 
and shall revoke a designation
3055 
upon completion of a review con-
ducted 
pursuant 
to 
subpara-
graphs (B) and (C) of paragraph 
(4)’’; and 
ø(ii) in clause (i), by striking 
‘‘or redesignation’’; 
ø(C) in paragraph (7), by striking 
‘‘, or the revocation of a redesignation 
under paragraph (6),’’; and 
ø(D) in paragraph (8)— 
ø(i) by striking ‘‘, or if a redes-
ignation under this subsection 
has become effective under para-
graph (4)(B),’’; and 
ø(ii) by striking ‘‘or redesigna-
tion’’; and 
ø(2) in subsection (c), as so redesig-
nated— 
ø(A) in paragraph (1), by striking 
‘‘of the designation in the Federal 
Register,’’ 
and 
all 
that 
follows 
through ‘‘review of the designation’’ 
and inserting ‘‘in the Federal Register 
of a designation, an amended des-
ignation, or a determination in re-
3056 
sponse to a petition for revocation, 
the designated organization may seek 
judicial review’’; 
ø(B) in paragraph (2), by inserting 
‘‘, amended designation, or deter-
mination in response to a petition for 
revocation’’ after ‘‘designation’’; 
ø(C) in paragraph (3), by inserting 
‘‘, amended designation, or deter-
mination in response to a petition for 
revocation’’ after ‘‘designation’’; and 
ø(D) in paragraph (4), by inserting 
‘‘, amended designation, or deter-
mination in response to a petition for 
revocation’’ after ‘‘designation’’ each 
place that term appears. 
ø(d) SAVINGS PROVISION.—For purposes of 
applying section 219 of the Immigration and 
Nationality Act on or after the date of enact-
ment of this Act, the term ‘‘designation’’, as 
used in that section, includes all redesigna-
tions made pursuant to section 219(a)(4)(B) of 
the Immigration and Nationality Act (8 U.S.C. 
1189(a)(4)(B)) prior to the date of enactment 
of this Act, and such redesignations shall con-
3057 
tinue to be effective until revoked as provided 
in paragraph (5) or (6) of section 219(a) of the 
Immigration and Nationality Act (8 U.S.C. 
1189(a)). 
øSEC. 4052. INCLUSION IN ANNUAL DEPARTMENT OF STATE 
COUNTRY REPORTS ON TERRORISM OF IN-
FORMATION ON TERRORIST GROUPS THAT 
SEEK WEAPONS OF MASS DESTRUCTION AND 
GROUPS THAT HAVE BEEN DESIGNATED AS 
FOREIGN TERRORIST ORGANIZATIONS. 
ø(a) INCLUSION IN REPORTS.—Section 140 of 
the Foreign Relations Authorization Act, Fis-
cal Years 1988 and 1989 (22 U.S.C. 2656f) is 
amended— 
ø(1) in subsection (a)(2)— 
ø(A) by inserting ‘‘any terrorist 
group known to have obtained or de-
veloped, or to have attempted to ob-
tain or develop, weapons of mass de-
struction,’’ after ‘‘during the pre-
ceding five years,’’; and 
ø(B) by inserting ‘‘any group des-
ignated by the Secretary as a foreign 
terrorist organization under section 
219 of the Immigration and Nation-
3058 
ality Act (8 U.S.C. 1189),’’ after ‘‘Ex-
port Administration Act of 1979,’’; 
ø(2) in subsection (b)(1)(C)(iii), by 
striking ‘‘and’’ at the end; 
ø(3) in subsection (b)(1)(C)— 
ø(A) by redesignating clause (iv) 
as clause (v); and 
ø(B) by inserting after clause (iii) 
the following new clause: 
ø‘‘(iv) providing weapons of 
mass destruction, or assistance in 
obtaining 
or 
developing 
such 
weapons, to terrorists or terrorist 
groups; and’’; and 
ø(4) in subsection (b)(3) (as redesig-
nated by section 4002(b)(2)(B) of this 
Act)— 
ø(A) by redesignating subpara-
graphs (C), (D), and (E) as (D), (E), 
and (F), respectively; and 
ø(B) by inserting after subpara-
graph (B) the following new subpara-
graph:
3059 
ø‘‘(C) efforts by those groups to 
obtain or develop weapons of mass 
destruction;’’. 
ø(b) EFFECTIVE DATE.—The amendments 
made by subsection (a) shall apply beginning 
with the first report under section 140 of the 
Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (22 U.S.C. 2656f), sub-
mitted more than one year after the date of 
the enactment of this Act. 
øSubtitle D—Afghanistan Freedom 
Support Act Amendments of 2004 
øSEC. 4061. SHORT TITLE. 
øThis subtitle may be cited as the ‘‘Af-
ghanistan Freedom Support Act Amendments 
of 2004’’. 
øSEC. 4062. COORDINATION OF ASSISTANCE FOR AFGHANI-
STAN. 
ø(a) FINDINGS.—Congress finds that— 
ø(1) the Final Report of the National 
Commission on Terrorist Attacks Upon 
the United States criticized the provision 
of United States assistance to Afghani-
stan for being too inflexible; and
3060 
ø(2) the Afghanistan Freedom Sup-
port Act of 2002 (Public Law 107–327; 22 
U.S.C. 7501 et seq.) contains provisions 
that provide for flexibility in the provi-
sion of assistance for Afghanistan and are 
not subject to the requirements of typical 
foreign assistance programs and provide 
for the designation of a coordinator to 
oversee United States assistance for Af-
ghanistan. 
ø(b) DESIGNATION OF COORDINATOR.—Sec-
tion 104(a) of the Afghanistan Freedom Sup-
port Act of 2002 (22 U.S.C. 7514(a)) is amended 
in the matter preceding paragraph (1) by 
striking ‘‘is strongly urged to’’ and inserting 
‘‘shall’’. 
ø(c) OTHER MATTERS.—Section 104 of such 
Act (22 U.S.C. 7514) is amended by adding at 
the end the following: 
ø‘‘(c) PROGRAM
PLAN.—The coordinator 
designated under subsection (a) shall annu-
ally submit to the Committees on Inter-
national Relations and Appropriations of the 
House of Representatives and the Committees 
on Foreign Relations and Appropriations of
3061 
the Senate the Administration’s plan for as-
sistance to Afghanistan together with a de-
scription of such assistance in prior years. 
ø‘‘(d) COORDINATION WITH INTERNATIONAL 
COMMUNITY.—The 
coordinator 
designated 
under subsection (a) shall work with the 
international community, including multilat-
eral organizations and international financial 
institutions, and the Government of Afghani-
stan to ensure that assistance to Afghanistan 
is implemented in a coherent, consistent, and 
efficient manner to prevent duplication and 
waste.’’. 
øSEC. 4063. GENERAL PROVISIONS RELATING TO THE AF-
GHANISTAN FREEDOM SUPPORT ACT OF 2002. 
ø(a) ASSISTANCE
TO PROMOTE ECONOMIC, 
POLITICAL AND SOCIAL DEVELOPMENT.— 
ø(1) DECLARATION
OF
POLICY.—Con-
gress reaffirms the authorities contained 
in title I of the Afghanistan Freedom Sup-
port Act of 2002 (22 U.S.C. 7501 et seq.; re-
lating to economic and democratic devel-
opment assistance for Afghanistan). 
ø(2) PROVISION
OF
ASSISTANCE.—Sec-
tion 103(a) of such Act (22 U.S.C. 7513(a))
3062 
is amended in the matter preceding para-
graph (1) by striking ‘‘section 512 of Pub-
lic Law 107–115 or any other similar’’ and 
inserting ‘‘any other’’. 
ø(b) DECLARATIONS OF POLICY.—Congress 
makes the following declarations: 
ø(1) The United States reaffirms the 
support that it and other countries ex-
pressed for the report entitled ‘‘Securing 
Afghanistan’s Future’’ in their Berlin 
Declaration of April 2004. The United 
States should help enable the growth 
needed to create an economically sustain-
able Afghanistan capable of the poverty 
reduction and social development fore-
seen in the report. 
ø(2) The United States supports the 
parliamentary elections to be held in Af-
ghanistan by April 2005 and will help en-
sure that such elections are not under-
mined by warlords or narcotics traf-
fickers. 
ø(3)(A) The United States continues to 
urge North Atlantic Treaty Organization 
members and other friendly countries to
3063 
make much greater military contribu-
tions toward securing the peace in Af-
ghanistan. 
ø(B) The United States should con-
tinue to lead in the security domain by, 
among other things, providing logistical 
support to facilitate those contributions. 
ø(C) In coordination with the Govern-
ment of Afghanistan, the United States 
should urge others, and act itself, to in-
crease efforts to promote disarmament, 
demobilization, and reintegration efforts, 
to enhance counternarcotics activities, to 
expand deployments of Provincial Recon-
struction Teams, and to increase training 
of Afghanistan’s National Army and its 
police and border security forces. 
ø(c) LONG-TERM STRATEGY.— 
ø(1) STRATEGY.—Title III of such Act 
(22 U.S.C. 7551 et seq.) is amended by 
adding at the end the following: 
ø‘‘SEC. 304 FORMULATION OF LONG-TERM STRATEGY FOR 
AFGHANISTAN. 
ø‘‘(a) STRATEGY.—
3064 
ø‘‘(1) IN GENERAL.—Not later than 180 
days after the date of the enactment of 
the Afghanistan Freedom Support Act 
Amendments of 2004, the President shall 
formulate and transmit to the Committee 
on International Relations of the House 
of Representatives and the Committee on 
Foreign Relations of the Senate a 5-year 
strategy for Afghanistan that includes 
specific 
and 
measurable 
goals, 
time-
frames for accomplishing such goals, and 
specific resource levels necessary for ac-
complishing such goals for addressing 
the long-term development and security 
needs of Afghanistan, including sectors 
such as agriculture and irrigation, par-
liamentary and democratic development, 
the judicial system and rule of law, 
human rights, education, health, tele-
communications, 
electricity, 
women’s 
rights, counternarcotics, police, border 
security, anti-corruption, and other law- 
enforcement activities. 
ø‘‘(2) ADDITIONAL
REQUIREMENT.—The 
strategy shall also delineate responsibil-
3065 
ities for achieving such goals and identify 
and address possible external factors that 
could significantly affect the achievement 
of such goals. 
ø‘‘(b) IMPLEMENTATION.—Not later than 30 
days after the date of the transmission of the 
strategy required by subsection (a), the Sec-
retary of State, the Administrator of the 
United States Agency for International Devel-
opment, and the Secretary of Defense shall 
submit to the Committee on International Re-
lations of the House of Representatives and 
the Committee on Foreign Relations of the 
Senate a written 5-year action plan to imple-
ment the strategy developed pursuant to sub-
section (a). Such action plan shall include a 
description and schedule of the program eval-
uations that will monitor progress toward 
achieving the goals described in subsection 
(a). 
ø‘‘(c) REVIEW.—The Secretary of State, the 
Administrator of the United States Agency for 
International Development, and the Secretary 
of Defense shall carry out an annual review
3066 
of the strategy required by subsection (a) and 
the action plan required by subsection (b). 
ø‘‘(d) MONITORING.—The report required 
by section 206(c)(2) of this Act shall include— 
ø‘‘(1) a description of progress toward 
implementation of both the strategy re-
quired by subsection (a) and the action 
plan required by subsection (b); and 
ø‘‘(2) a description of any changes to 
the strategy or action plan since the date 
of the submission of the last report re-
quired by such section.’’. 
ø(2) CLERICAL AMENDMENT.—The table 
of contents for such Act (22 U.S.C. 7501 
note) is amended by adding after the 
item relating to section 303 the following: 
ø‘‘Sec. 304. Formulation of long-term strategy for Afghani-
stan.’’. 
øSEC. 4064. RULE OF LAW AND RELATED ISSUES. 
øSection 103(a)(5)(A) of the Afghanistan 
Freedom Support Act of 2002 (22 U.S.C. 
7513(a)(5)(A)) is amended— 
ø(1) in clause (v), to read as follows: 
ø‘‘(v) support for the activities 
of the Government of Afghanistan 
to develop modern legal codes
3067 
and court rules, to provide for the 
creation of legal assistance pro-
grams, and other initiatives to 
promote the rule of law in Af-
ghanistan;’’; 
ø(2) in clause (xii), to read as follows: 
ø‘‘(xii) support for the effec-
tive administration of justice at 
the national, regional, and local 
levels, including programs to im-
prove penal institutions and the 
rehabilitation of prisoners, to es-
tablish a responsible and commu-
nity-based police force, and to re-
habilitate 
or 
construct 
court-
houses and detention facilities;’’; 
and 
ø(3) in clause (xiii), by striking ‘‘and’’ 
at the end; 
ø(4) in clause (xiv), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
ø(5) by adding at the end the fol-
lowing: 
ø‘‘(xv) assistance for the pro-
tection of Afghanistan’s culture,
3068 
history, and national identity, in-
cluding with the rehabilitation of 
Afghanistan’s museums and sites 
of cultural significance.’’. 
øSEC. 4065. MONITORING OF ASSISTANCE. 
øSection 108 of the Afghanistan Freedom 
Support Act of 2002 (22 U.S.C. 7518) is amend-
ed by adding at the end the following: 
ø‘‘(c) MONITORING OF ASSISTANCE FOR AF-
GHANISTAN.— 
ø‘‘(1) REPORT.—Not later than Janu-
ary 15, 2005, and every six months there-
after, the Secretary of State, in consulta-
tion with the Administrator for the 
United States Agency for International 
Development, shall submit to the Com-
mittee on International Relations of the 
House of Representatives and the Com-
mittee on Foreign Relations of the Senate 
a report on the obligations and expendi-
tures of United States assistance for Af-
ghanistan from all United States Govern-
ment agencies. 
ø‘‘(2) SUBMISSION OF INFORMATION FOR 
REPORT.—The head of each United States
3069 
Government agency referred to in para-
graph (1) shall provide on a timely basis 
to the Secretary of State such informa-
tion as the Secretary may reasonably re-
quire to allow the Secretary to prepare 
and submit the report required by such 
paragraph.’’. 
øSEC. 4066. UNITED STATES POLICY TO SUPPORT DISAR-
MAMENT OF PRIVATE MILITIAS AND TO SUP-
PORT 
EXPANSION 
OF 
INTERNATIONAL 
PEACEKEEPING AND SECURITY OPERATIONS 
IN AFGHANISTAN. 
ø(a) DISARMAMENT OF PRIVATE MILITIAS.— 
Section 103 of the Afghanistan Freedom Sup-
port Act of 2002 (22 U.S.C. 7513) is amended 
by adding at the end the following: 
ø‘‘(d) UNITED STATES POLICY RELATING TO 
DISARMAMENT OF PRIVATE MILITIAS.— 
ø‘‘(1) IN GENERAL.—It shall be the pol-
icy of the United States to take imme-
diate steps to provide active support for 
the disarmament, demobilization, and re-
integration of armed soldiers, particu-
larly child soldiers, in Afghanistan, in
3070 
close consultation with the President of 
Afghanistan. 
ø‘‘(2) REPORT.—The report required 
by section 206(c)(2) of this Act shall in-
clude a description of the progress to im-
plement paragraph (1).’’. 
ø(b) INTERNATIONAL PEACEKEEPING AND SE-
CURITY OPERATIONS.—Section 103 of such Act 
(22 U.S.C. 7513(d)), as amended by subsection 
(a), is further amended by adding at the end 
the following: 
ø‘‘(e) UNITED STATES POLICY RELATING TO 
INTERNATIONAL PEACEKEEPING
AND SECURITY 
OPERATIONS.—It shall be the policy of the 
United States to make every effort to support 
the expansion of international peacekeeping 
and security operations in Afghanistan in 
order to— 
ø‘‘(1) increase the area in which secu-
rity is provided and undertake vital tasks 
related to promoting security, such as 
disarming 
warlords, 
militias, 
and 
irregulars, and disrupting opium produc-
tion; and
3071 
ø‘‘(2) safeguard highways in order to 
allow the free flow of commerce and to 
allow material assistance to the people of 
Afghanistan, and aid personnel in Af-
ghanistan, to move more freely.’’. 
øSEC. 4067. EFFORTS TO EXPAND INTERNATIONAL PEACE-
KEEPING AND SECURITY OPERATIONS IN AF-
GHANISTAN. 
øSection 206(d)(1) of the Afghanistan 
Freedom Support Act of 2002 (22 U.S.C. 
7536(d)(1)) is amended to read as follows: 
ø‘‘(1) 
EFFORTS
TO
EXPAND
INTER-
NATIONAL PEACEKEEPING AND SECURITY OP-
ERATIONS IN AFGHANISTAN.— 
ø‘‘(A) 
EFFORTS.—The 
President 
shall encourage, and, as authorized 
by law, enable other countries to ac-
tively participate in expanded inter-
national peacekeeping and security 
operations in Afghanistan, especially 
through the provision of military per-
sonnel for extended periods of time. 
ø‘‘(B) 
REPORTS.—The 
President 
shall prepare and transmit to the 
Committee on International Relations
3072 
of the House of Representatives and 
the Committee on Foreign Relations 
of the Senate a report on efforts car-
ried out pursuant to subparagraph 
(A). The first report under this sub-
paragraph shall be transmitted not 
later than 60 days after the date of 
the enactment of the Afghanistan 
Freedom Support Act Amendments of 
2004 and subsequent reports shall be 
transmitted every six months there-
after and may be included in the re-
port required by section 206(c)(2) of 
this Act.’’. 
øSEC. 4068. PROVISIONS RELATING TO counternarcotics EF-
FORTS IN AFGHANISTAN. 
ø(a) COUNTERNARCOTICS EFFORTS.—The Af-
ghanistan Freedom Support Act of 2002 (22 
U.S.C. 7501 et seq.) is amended— 
ø(1) by redesignating— 
ø(A) title III as title IV; and 
ø(B) sections 301 through 304 as 
sections 401 through 404, respec-
tively; and
3073 
ø(2) by inserting after title II the fol-
lowing: 
ø‘‘TITLE III—PROVISIONS RELAT-
ING TO counternarcotics EF-
FORTS IN AFGHANISTAN 
ø‘‘SEC. 301. ASSISTANCE FOR counternarcotics EFFORTS. 
ø‘‘In addition to programs established 
pursuant to section 103(a)(3) of this Act or 
other similar programs, the President is au-
thorized and encouraged to implement spe-
cific initiatives to assist in the eradication of 
poppy cultivation and the disruption of her-
oin production in Afghanistan, such as— 
ø‘‘(1) promoting alternatives to poppy 
cultivation, including the introduction of 
high value crops that are suitable for ex-
port and the provision of appropriate 
technical assistance and credit mecha-
nisms for farmers; 
ø‘‘(2) enhancing the ability of farmers 
to bring legitimate agricultural goods to 
market; 
ø‘‘(3) notwithstanding section 660 of 
the Foreign Assistance Act of 1961 (22 
U.S.C. 2420), assistance, including non-
3074 
lethal 
equipment, 
training 
(including 
training in internationally recognized 
standards of human rights, the rule of 
law, anti-corruption, and the promotion 
of civilian police roles that support de-
mocracy), and payments, during fiscal 
years 2006 through 2008, for salaries for 
special counternarcotics police and sup-
porting units; 
ø‘‘(4) training the Afghan National 
Army in counternarcotics activities; and 
ø‘‘(5) 
creating 
special 
counter-
narcotics courts, prosecutors, and places 
of incarceration.’’. 
ø(b) CLERICAL AMENDMENTS.—The table of 
contents for such Act (22 U.S.C. 7501 note) is 
amended— 
ø(1) by redesignating— 
ø(A) the item relating to title III 
as the item relating to title IV; and 
ø(B) the items relating to sections 
301 through 304 as the items relating 
to sections 401 through 404; and 
ø(2) by inserting after the items relat-
ing to title II the following:
3075 
ø‘‘TITLE III—PROVISIONS RELATING TO COUNTERNARCOTICS 
EFFORTS IN AFGHANISTAN 
ø‘‘Sec. 301. Assistance for counternarcotics efforts.’’. 
øSEC. 4069. ADDITIONAL AMENDMENTS TO THE AFGHANI-
STAN FREEDOM SUPPORT ACT OF 2002. 
ø(a) 
TECHNICAL
AMENDMENT.—Section 
103(a)(7)(A)(xii) of the Afghanistan Freedom 
Support 
Act 
of 
2002 
(22 
U.S.C. 
7513(a)(7)(A)(xii)) is amended by striking ‘‘Na-
tional’’ and inserting ‘‘Afghan Independent’’. 
ø(b) 
REPORTING
REQUIREMENT.—Section 
206(c)(2) of such Act (22 U.S.C. 7536(c)(2)) is 
amended in the matter preceding subpara-
graph (A) by striking ‘‘2007’’ and inserting 
‘‘2012’’. 
øSEC. 4070. REPEAL. 
øSection 620D of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2374; relating to prohibi-
tion on assistance to Afghanistan) is hereby 
repealed. 
øSubtitle E—Provisions Relating to 
Saudi Arabia and Pakistan 
øSEC. 4081. NEW UNITED STATES STRATEGY FOR RELA-
TIONSHIP WITH SAUDI ARABIA. 
ø(a) SENSE OF CONGRESS.—It is the sense of 
Congress that the relationship between the
3076 
United States and Saudi Arabia should in-
clude a more robust dialogue between the 
people and Government of the United States 
and the people and Government of Saudi Ara-
bia in order to provide for a reevaluation of, 
and improvements to, the relationship by 
both sides. 
ø(b) REPORT.— 
ø(1) IN GENERAL.— Not later than one 
year after the date of the enactment of 
this Act, the President shall transmit to 
the Committee on International Relations 
of the House of Representatives and the 
Committee on Foreign Relations of the 
Senate a strategy for collaboration with 
the people and Government of Saudi Ara-
bia on subjects of mutual interest and im-
portance to the United States. 
ø(2) 
CONTENTS.—The 
strategy 
re-
quired under paragraph (1) shall include 
the following provisions: 
ø(A) A framework for security co-
operation in the fight against ter-
rorism, with special reference to com-
bating terrorist financing and an ex-
3077 
amination of the origins of modern 
terrorism. 
ø(B) A framework for political 
and economic reform in Saudi Arabia 
and throughout the Middle East. 
ø(C) An examination of steps that 
should be taken to reverse the trend 
toward extremism in Saudi Arabia 
and 
other 
Muslim 
countries 
and 
throughout the Middle East. 
ø(D) A framework for promoting 
greater tolerance and respect for cul-
tural and religious diversity in Saudi 
Arabia and throughout the Middle 
East. 
øSEC. 4082. UNITED STATES COMMITMENT TO THE FUTURE 
OF PAKISTAN. 
ø(a) SENSE OF CONGRESS.—It is the sense of 
Congress that the United States should, over 
a long-term period, help to ensure a prom-
ising, stable, and secure future for Pakistan, 
and should in particular provide assistance to 
encourage and enable Pakistan— 
ø(1) to continue and improve upon its 
commitment to combating extremists;
3078 
ø(2) to seek to resolve any out-
standing difficulties with its neighbors 
and other countries in its region; 
ø(3) to continue to make efforts to 
fully control its territory and borders; 
ø(4) to progress towards becoming a 
more effective and participatory democ-
racy; 
ø(5) to participate more vigorously in 
the global marketplace and to continue to 
modernize its economy; 
ø(6) to take all necessary steps to halt 
the spread of weapons of mass destruc-
tion; 
ø(7) to continue to reform its edu-
cation system; and 
ø(8) to, in other ways, implement a 
general strategy of moderation. 
ø(b) STRATEGY.—Not later than 180 days 
after the date of the enactment of this Act, the 
President shall transmit to Congress a de-
tailed proposed strategy for the future, long- 
term, engagement of the United States with 
Pakistan.
3079 
øSEC. 4083. EXTENSION OF PAKISTAN WAIVERS. 
ø The Act entitled ‘‘An Act to authorize the 
President to exercise waivers of foreign as-
sistance restrictions with respect to Pakistan 
through September 30, 2003, and for other 
purposes’’, approved October 27, 2001 (Public 
Law 107–57; 115 Stat. 403), as amended by sec-
tion 2213 of the Emergency Supplemental Ap-
propriations Act for Defense and for the Re-
construction of Iraq and Afghanistan, 2004 
(Public Law 108–106; 117 Stat. 1232), is further 
amended— 
ø(1) in section 1(b)— 
ø(A) in the heading, by striking 
‘‘FISCAL
YEAR
2004’’ and inserting 
‘‘FISCAL YEARS 2005 AND 2006’’; and 
ø(B) in paragraph (1), by striking 
‘‘2004’’ and inserting ‘‘2005 or 2006’’; 
ø(2) in section 3(2), by striking ‘‘and 
2004,’’ and inserting ‘‘2004, 2005, and 
2006’’; and 
ø(3) in section 6, by striking ‘‘2004’’ 
and inserting ‘‘2006’’.
3080 
øSubtitle F—Oversight Provisions 
øSEC. 4091. CASE-ZABLOCKI ACT REQUIREMENTS. 
ø(a) AVAILABILITY OF TREATIES AND INTER-
NATIONAL AGREEMENTS.—Section 112a of title 
1, United States Code, is amended by adding 
at the end the following: 
ø‘‘(d) The Secretary of State shall cause to 
be published in slip form or otherwise made 
publicly 
available 
through 
the 
Internet 
website of the Department of State each trea-
ty or international agreement proposed to be 
published in the compilation entitled ‘United 
States 
Treaties 
and 
Other 
International 
Agreements’ not later than 180 days after the 
date on which the treaty or agreement enters 
into force.’’. 
ø(b) TRANSMISSION TO CONGRESS.—Section 
112b(a) of title 1, United States Code (com-
monly referred to as the ‘‘Case-Zablocki Act’’), 
is amended— 
ø(1) in the first sentence, by striking 
‘‘has entered into force’’ and inserting 
‘‘has been signed or entered into force’’; 
and
3081 
ø(2) in the second sentence, by strik-
ing ‘‘Committee on Foreign Affairs’’ and 
inserting ‘‘Committee on International 
Relations’’. 
ø(c) REPORT.—Section 112b of title 1, 
United States Code, is amended— 
ø(1) by redesignating subsections (d) 
and (e) as subsections (e) and (f), respec-
tively; and 
ø(2) by inserting after subsection (c) 
the following: 
ø‘‘(d)(1) The Secretary of State shall sub-
mit to Congress on an annual basis a report 
that contains an index of all international 
agreements (including oral agreements), list-
ed by country, date, title, and summary of 
each such agreement (including a description 
of the duration of activities under the agree-
ment and the agreement itself), that the 
United States— 
ø‘‘(A) has signed, proclaimed, or with 
reference to which any other final for-
mality has been executed, or that has 
been extended or otherwise modified, 
during the preceding calendar year; and
3082 
ø‘‘(B) has not been published, or is 
not proposed to be published, in the com-
pilation entitled ‘United States Treaties 
and Other International Agreements’. 
ø‘‘(2) The report described in paragraph 
(1) may be submitted in classified form.’’. 
ø(d) DETERMINATION
OF
INTERNATIONAL 
AGREEMENT.—Subsection (e) of section 112b of 
title 1, United States Code, (as redesignated) 
is amended— 
ø(1) by striking ‘‘(e) The Secretary of 
State’’ and inserting ‘‘(e)(1) Subject to 
paragraph (2), the Secretary of State’’; 
and 
ø(2) by adding at the end the fol-
lowing: 
ø‘‘(2)(A) An arrangement shall constitute 
an international agreement within the mean-
ing of this section (other than subsection (c) 
of this section) irrespective of the duration of 
activities under the arrangement or the ar-
rangement itself. 
ø‘‘(B) Arrangements that constitute an 
international agreement within the meaning 
of this section (other than subsection (c) of
3083 
this section) include, but are not limited to, 
the following: 
ø‘‘(i) 
A 
bilateral 
or 
multilateral 
counterterrorism agreement. 
ø‘‘(ii) A bilateral agreement with a 
country that 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)).’’. 
ø(e) ENFORCEMENT
OF
REQUIREMENTS.— 
Section 139(b) of the Foreign Relations Au-
thorization Act, Fiscal Years 1988 and 1989 is 
amended to read as follows: 
ø‘‘(b) EFFECTIVE
DATE.—Subsection (a) 
shall take effect 60 days after the date of the 
enactment of the 9/11 Recommendations Im-
plementation Act and shall apply during fis-
cal years 2005, 2006, and 2007.’’.
3084 
øSubtitle 
G—Additional 
Protec-
tions of United States Aviation 
System from Terrorist Attacks 
øSEC. 4101. INTERNATIONAL AGREEMENTS TO ALLOW MAX-
IMUM DEPLOYMENT OF FEDERAL FLIGHT 
DECK OFFICERS. 
øThe President is encouraged to pursue 
aggressively international agreements with 
foreign governments to allow the maximum 
deployment of Federal air marshals and Fed-
eral flight deck officers on international 
flights. 
øSEC. 4102. FEDERAL AIR MARSHAL TRAINING. 
øSection 44917 of title 49, United States 
Code, is amended by adding at the end the fol-
lowing: 
ø‘‘(d) TRAINING FOR FOREIGN LAW ENFORCE-
MENT PERSONNEL.— 
ø‘‘(1) IN GENERAL.—The Assistant Sec-
retary for Immigration and Customs En-
forcement of the Department of Home-
land Security, after consultation with the 
Secretary of State, may direct the Fed-
eral Air Marshal Service to provide ap-
3085 
propriate air marshal training to law en-
forcement personnel of foreign countries. 
ø‘‘(2) WATCHLIST SCREENING.—The Fed-
eral Air Marshal Service may only pro-
vide appropriate air marshal training to 
law enforcement personnel of foreign 
countries after comparing the identifying 
information and records of law enforce-
ment 
personnel 
of 
foreign 
countries 
against appropriate records in the con-
solidated 
and 
integrated 
terrorist 
watchlists of the Federal Government. 
ø‘‘(3) FEES.—The Assistant Secretary 
shall 
establish 
reasonable 
fees 
and 
charges to pay expenses incurred in car-
rying out this subsection. Funds collected 
under this subsection shall be credited to 
the account in the Treasury from which 
the expenses were incurred and shall be 
available to the Assistant Secretary for 
purposes for which amounts in such ac-
count are available.’’.
3086 
øSEC. 
4103. 
MAN-PORTABLE 
AIR 
DEFENSE 
SYSTEMS 
(MANPADS). 
ø(a) UNITED
STATES
POLICY
ON
NON-
PROLIFERATION AND EXPORT CONTROL.— 
ø(1) TO LIMIT AVAILABILITY AND TRANS-
FER
OF
MANPADS.—The President shall 
pursue, on an urgent basis, further 
strong international diplomatic and coop-
erative efforts, including bilateral and 
multilateral treaties, in the appropriate 
forum to limit the availability, transfer, 
and proliferation of MANPADSs world-
wide. 
ø(2) TO
LIMIT
THE
PROLIFERATION
OF 
MANPADS.—The President is encouraged 
to seek to enter into agreements with the 
governments of foreign countries that, at 
a minimum, would— 
ø(A) prohibit the entry into force 
of a MANPADS manufacturing license 
agreement and MANPADS co-produc-
tion agreement, other than the entry 
into force of a manufacturing license 
or co-production agreement with a 
country that is party to such an 
agreement;
3087 
ø(B) prohibit, except pursuant to 
transfers between governments, the 
export of a MANPADS, including any 
component, part, accessory, or attach-
ment thereof, without an individual 
validated license; and 
ø(C) prohibit the reexport or re-
transfer of a MANPADS, including 
any component, part, accessory, or at-
tachment thereof, to a third person, 
organization, or government unless 
the written consent of the govern-
ment that approved the original ex-
port or transfer is first obtained. 
ø(3) 
TO
ACHIEVE
DESTRUCTION
OF 
MANPADS.—The President should continue 
to pursue further strong international 
diplomatic and cooperative efforts, in-
cluding bilateral and multilateral trea-
ties, in the appropriate forum to assure 
the destruction of excess, obsolete, and il-
licit stocks of MANPADSs worldwide. 
ø(4) REPORTING AND BRIEFING REQUIRE-
MENT.—
3088 
ø(A) 
PRESIDENT’S
REPORT.—Not 
later than 180 days after the date of 
enactment of this Act, the President 
shall transmit to the appropriate con-
gressional committees a report that 
contains a detailed description of the 
status of diplomatic efforts under 
paragraphs (1), (2), and (3) and of ef-
forts 
by 
the 
appropriate 
United 
States agencies to comply with the 
recommendations of the General Ac-
counting Office set forth in its report 
GAO–04–519, entitled ‘‘Nonprolifera-
tion: Further Improvements Needed 
in U.S. Efforts to Counter Threats 
from Man-Portable Air Defense Sys-
tems’’. 
ø(B) ANNUAL BRIEFINGS.—Annually 
after the date of submission of the re-
port under subparagraph (A) and 
until completion of the diplomatic 
and compliance efforts referred to in 
subparagraph (A), the Secretary of 
State shall brief the appropriate con-
3089 
gressional committees on the status 
of such efforts. 
ø(b) FAA AIRWORTHINESS CERTIFICATION OF 
MISSILE DEFENSE SYSTEMS
FOR COMMERCIAL 
AIRCRAFT.— 
ø(1) IN
GENERAL.—As soon as prac-
ticable, but not later than the date of 
completion of Phase II of the Department 
of 
Homeland 
Security’s 
counter-man- 
portable air defense system (MANPADS) 
development 
and 
demonstration 
pro-
gram, the Administrator of the Federal 
Aviation Administration shall establish a 
process for conducting airworthiness and 
safety certification of missile defense sys-
tems for commercial aircraft certified as 
effective and functional by the Depart-
ment of Homeland Security. The process 
shall require a certification by the Ad-
ministrator that such systems can be 
safely integrated into aircraft systems 
and ensure airworthiness and aircraft 
system integrity. 
ø(2) 
CERTIFICATION
ACCEPTANCE.— 
Under the process, the Administrator
3090 
shall accept the certification of the De-
partment of Homeland Security that a 
missile defense system is effective and 
functional to defend commercial aircraft 
against MANPADSs. 
ø(3) 
EXPEDITIOUS
CERTIFICATION.— 
Under the process, the Administrator 
shall expedite the airworthiness and safe-
ty certification of missile defense systems 
for commercial aircraft certified by the 
Department of Homeland Security. 
ø(4) REPORTS.—Not later than 90 days 
after the first airworthiness and safety 
certification for a missile defense system 
for commercial aircraft is issued by the 
Administrator, and annually thereafter 
until December 31, 2008, the Federal 
Aviation Administration shall transmit to 
the Committee on Transportation and In-
frastructure of the House of Representa-
tives and the Committee on Commerce, 
Science, and Transportation of the Sen-
ate a report that contains a detailed de-
scription of each airworthiness and safe-
3091 
ty certification issued for a missile de-
fense system for commercial aircraft. 
ø(c) PROGRAMS TO REDUCE MANPADS.— 
ø(1) IN GENERAL.—The President is en-
couraged to pursue strong programs to 
reduce the number of MANPADSs world-
wide so that fewer MANPADSs will be 
available for trade, proliferation, and 
sale. 
ø(2) REPORTING AND BRIEFING REQUIRE-
MENTS.—Not later than 180 days after the 
date of enactment of this Act, the Presi-
dent shall transmit to the appropriate 
congressional committees a report that 
contains a detailed description of the sta-
tus of the programs being pursued under 
subsection (a). Annually thereafter until 
the programs are no longer needed, the 
Secretary of State shall brief the appro-
priate congressional committees on the 
status of programs. 
ø(3) FUNDING.—There are authorized 
to be appropriated such sums as may be 
necessary to carry out this section.
3092 
ø(d) MANPADS VULNERABILITY
ASSESS-
MENTS REPORT.— 
ø(1) IN GENERAL.—Not later than one 
year after the date of enactment of this 
Act, the Secretary of Homeland Security 
shall transmit to the Committee on 
Transportation and Infrastructure of the 
House of Representatives and the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate a report describ-
ing the Department of Homeland Secu-
rity’s plans to secure airports and the air-
craft arriving and departing from air-
ports against MANPADSs attacks. 
ø(2) MATTERS TO BE ADDRESSED.—The 
Secretary’s report shall address, at a min-
imum, the following: 
ø(A) The status of the Depart-
ment’s efforts to conduct MANPADSs 
vulnerability assessments at United 
States airports at which the Depart-
ment is conducting assessments. 
ø(B) How intelligence is shared 
between 
the 
United 
States 
intel-
ligence agencies and Federal, State,
3093 
and local law enforcement to address 
the MANPADS threat and potential 
ways to improve such intelligence 
sharing. 
ø(C) Contingency plans that the 
Department has developed in the 
event that it receives intelligence in-
dicating a high threat of a MANPADS 
attack on aircraft at or near United 
States airports. 
ø(D) The feasibility and effective-
ness of implementing public edu-
cation and neighborhood watch pro-
grams in areas surrounding United 
States airports in cases in which in-
telligence reports indicate there is a 
high risk of MANPADS attacks on air-
craft. 
ø(E) Any other issues that the 
Secretary deems relevant. 
ø(3) FORMAT.—The report required by 
this subsection may be submitted in a 
classified format. 
ø(e) DEFINITIONS.—In this section, the fol-
lowing definitions apply:
3094 
ø(1) APPROPRIATE CONGRESSIONAL COM-
MITTEES.—The term ‘‘appropriate congres-
sional committees’’ means— 
ø(A) the Committee on Armed 
Services, the Committee on Inter-
national Relations, and the Com-
mittee on Transportation and Infra-
structure of the House of Representa-
tives; and 
ø(B) the Committee on Armed 
Services, the Committee on Foreign 
Relations, and the Committee on 
Commerce, Science, and Transpor-
tation of the Senate. 
ø(2) 
MANPADS.—The 
term 
‘‘MANPADS’’ means— 
ø(A) a surface-to-air missile sys-
tem designed to be man-portable and 
carried and fired by a single indi-
vidual; and 
ø(B) any other surface-to-air mis-
sile system designed to be operated 
and fired by more than one indi-
vidual acting as a crew and portable 
by several individuals.
3095 
øSubtitle 
H—Improving 
Inter-
national 
Standards 
and 
Co-
operation to Fight Terrorist Fi-
nancing 
øSEC. 4111. SENSE OF THE CONGRESS REGARDING SUC-
CESS IN MULTILATERAL ORGANIZATIONS. 
ø(a) COMMENDATION.—The Congress com-
mends the Secretary of the Treasury for suc-
cess and leadership in establishing inter-
national standards for fighting terrorist fi-
nance through multilateral organizations, in-
cluding the Financial Action Task Force 
(FATF) at the Organization for Economic Co-
operation and Development, the International 
Monetary Fund, the International Bank for 
Reconstruction and Development, and the re-
gional multilateral development banks. 
ø(b) POLICY GUIDANCE.—The Congress en-
courages the Secretary of the Treasury to di-
rect the United States Executive Director at 
each international financial institution to use 
the voice and vote of the United States to urge 
the institution, and encourages the Secretary 
of the Treasury to use the voice and vote of
3096 
the United States in other multilateral finan-
cial policymaking bodies, to— 
ø(1) provide funding for the imple-
mentation of FATF anti-money laun-
dering and anti-terrorist financing stand-
ards; and 
ø(2) promote economic development 
in the Middle East. 
øSEC. 4112. EXPANDED REPORTING REQUIREMENT FOR 
THE SECRETARY OF THE TREASURY. 
ø(a) IN GENERAL.—Section 1701(b) of the 
International Financial Institutions Act (22 
U.S.C. 262r(b)) is amended— 
ø(1) by striking ‘‘and’’ at the end of 
paragraph (10); and 
ø(2) by redesignating paragraph (11) 
as paragraph (12) and inserting after 
paragraph (10) the following: 
ø‘‘(11) an assessment of— 
ø‘‘(A) the progress made by the 
International Terrorist Finance Co-
ordinating 
Council 
in 
developing 
policies to be pursued with the inter-
national financial institutions and 
other multilateral financial policy-
3097 
making 
bodies 
regarding 
anti-ter-
rorist financing initiatives; 
ø‘‘(B) the progress made by the 
United States in negotiations with the 
international 
financial 
institutions 
and other multilateral financial pol-
icymaking bodies to set common anti- 
terrorist financing standards; 
ø‘‘(C) the extent to which the 
international 
financial 
institutions 
and other multilateral financial pol-
icymaking bodies have adopted anti- 
terrorist financing standards advo-
cated by the United States; and 
ø‘‘(D) whether and how the inter-
national 
financial 
institutions 
are 
contributing to the fight against the 
financing of terrorist activities; and’’. 
ø(b) OTHER MULTILATERAL POLICYMAKING 
BODIES DEFINED.—Section 1701(c) of such Act 
(22 U.S.C. 262r(c)) is amended by adding at 
the end the following: 
ø‘‘(5) OTHER
MULTILATERAL
FINANCIAL 
POLICYMAKING
BODIES.—The term ‘other
3098 
multilateral financial policymaking bod-
ies’ means— 
ø‘‘(A) the Financial Action Task 
Force at the Organization for Eco-
nomic Cooperation and Development; 
ø‘‘(B) the international network of 
financial intelligence units known as 
the ‘Egmont Group’; 
ø‘‘(C) the United States, Canada, 
the United Kingdom, France, Ger-
many, Italy, Japan, and Russia, when 
meeting as the Group of Eight; and 
ø‘‘(D) any other multilateral finan-
cial policymaking group in which the 
Secretary of the Treasury represents 
the United States.’’. 
øSEC. 4113. INTERNATIONAL TERRORIST FINANCE COORDI-
NATING COUNCIL. 
ø(a) ESTABLISHMENT.—The Secretary of the 
Treasury shall establish and convene an 
interagency council, to be known as the 
‘‘International 
Terrorist 
Finance 
Coordi-
nating Council’’ (in this section referred to as 
the ‘‘Council’’), which shall advise the Sec-
retary on policies to be pursued by the United
3099 
States at meetings of the international finan-
cial institutions and other multilateral finan-
cial policymaking bodies, regarding the devel-
opment of international anti-terrorist financ-
ing standards. 
ø(b) MEETINGS.— 
ø(1) ATTENDEES.— 
ø(A) 
GENERAL
ATTENDEES.—The 
Secretary of the Treasury (or a rep-
resentative of the Secretary of the 
Treasury) and the Secretary of State 
(or a representative of the Secretary 
of State) shall attend each Council 
meeting. 
ø(B) OTHER ATTENDEES.—The Sec-
retary of the Treasury shall deter-
mine which other officers of the Fed-
eral Government shall attend a Coun-
cil meeting, on the basis of the issues 
to be raised for consideration at the 
meeting. The Secretary shall include 
in the meeting representatives from 
all relevant Federal agencies with au-
thority to address the issues.
3100 
ø(2) SCHEDULE.—Not less frequently 
than annually, the Secretary of the Treas-
ury shall convene Council meetings at 
such times as the Secretary deems appro-
priate, based on the notice, schedule, and 
agenda items of the international finan-
cial institutions and other multilateral fi-
nancial policymaking bodies. 
øSEC. 4114. DEFINITIONS. 
øIn this subtitle: 
ø(1) INTERNATIONAL FINANCIAL INSTITU-
TIONS.—The term ‘‘international financial 
institutions’’ has the meaning given in 
section 1701(c)(2) of the International Fi-
nancial Institutions Act. 
ø(2) OTHER
MULTILATERAL
FINANCIAL 
POLICYMAKING
BODIES.—The term ‘‘other 
multilateral financial policymaking bod-
ies’’ means— 
ø(A) the Financial Action Task 
Force at the Organization for Eco-
nomic Cooperation and Development; 
ø(B) the international network of 
financial intelligence units known as 
the ‘‘Egmont Group’’;
3101 
ø(C) the United States, Canada, 
the United Kingdom, France, Ger-
many, Italy, Japan, and Russia, when 
meeting as the Group of Eight; and 
ø(D) any other multilateral finan-
cial policymaking group in which the 
Secretary of the Treasury represents 
the United States. 
øTITLE V—GOVERNMENT 
RESTRUCTURING 
øSubtitle A—Faster and Smarter 
Funding for First Responders 
øSEC. 5001. SHORT TITLE. 
øThis subtitle may be cited as the ‘‘Faster 
and Smarter Funding for First Responders 
Act of 2004’’. 
øSEC. 5002. FINDINGS. 
øThe Congress finds the following: 
ø(1) In order to achieve its objective 
of minimizing the damage, and assisting 
in the recovery, from terrorist attacks, 
the Department of Homeland Security 
must play a leading role in assisting com-
munities to reach the level of prepared-
3102 
ness they need to respond to a terrorist 
attack. 
ø(2) First responder funding is not 
reaching the men and women of our Na-
tion’s 
first 
response 
teams 
quickly 
enough, and sometimes not at all. 
ø(3) To reform the current bureau-
cratic process so that homeland security 
dollars reach the first responders who 
need it most, it is necessary to clarify and 
consolidate the authority and procedures 
of the Department of Homeland Security 
that support first responders. 
ø(4) Ensuring adequate resources for 
the new national mission of homeland se-
curity, without degrading the ability to 
address effectively other types of major 
disasters and emergencies, requires a dis-
crete and separate grant making process 
for homeland security funds for first re-
sponse to terrorist acts, on the one hand, 
and for first responder programs de-
signed to meet pre-September 11 prior-
ities, on the other.
3103 
ø(5) While a discrete homeland secu-
rity grant making process is necessary to 
ensure proper focus on the unique as-
pects of terrorism prevention, prepared-
ness, and response, it is essential that 
State and local strategies for utilizing 
such grants be integrated, to the greatest 
extent practicable, with existing State 
and local emergency management plans. 
ø(6) Homeland security grants to first 
responders must be based on the best in-
telligence concerning the capabilities and 
intentions of our terrorist enemies, and 
that intelligence must be used to target 
resources to the Nation’s greatest threats, 
vulnerabilities, and consequences. 
ø(7) The Nation’s first response capa-
bilities will be improved by sharing re-
sources, training, planning, personnel, 
and equipment among neighboring juris-
dictions through mutual aid agreements 
and regional cooperation. Such regional 
cooperation should be supported, where 
appropriate, through direct grants from 
the Department of Homeland Security.
3104 
ø(8) 
An 
essential 
prerequisite 
to 
achieving the Nation’s homeland security 
objectives for first responders is the es-
tablishment 
of 
well-defined 
national 
goals for terrorism preparedness. These 
goals should delineate the essential capa-
bilities that every jurisdiction in the 
United States should possess or to which 
it should have access. 
ø(9) A national determination of es-
sential capabilities is needed to identify 
levels of State and local government ter-
rorism preparedness, to determine the 
nature and extent of State and local first 
responder needs, to identify the human 
and financial resources required to fulfill 
them, and to direct funding to meet those 
needs and to measure preparedness lev-
els on a national scale. 
ø(10) To facilitate progress in achiev-
ing, maintaining, and enhancing essential 
capabilities for State and local first re-
sponders, the Department of Homeland 
Security should seek to allocate home-
3105 
land security funding for first responders 
to meet nationwide needs. 
ø(11) Private sector resources and cit-
izen volunteers can perform critical func-
tions in assisting in preventing and re-
sponding to terrorist attacks, and should 
be integrated into State and local plan-
ning efforts to ensure that their capabili-
ties and roles are understood, so as to 
provide enhanced State and local oper-
ational capability and surge capacity. 
ø(12) 
Public-private 
partnerships, 
such as the partnerships between the 
Business Executives for National Secu-
rity and the States of New Jersey and 
Georgia, can be useful to identify and co-
ordinate private sector support for State 
and local first responders. Such models 
should be expanded to cover all States 
and territories. 
ø(13) An important aspect of essential 
capabilities is measurability, so that it is 
possible to determine how prepared a 
State or local government is now, and
3106 
what additional steps it needs to take, in 
order to respond to acts of terrorism. 
ø(14) The Department of Homeland 
Security should establish, publish, and 
regularly update national voluntary con-
sensus standards for both equipment and 
training, in cooperation with both public 
and private sector standard setting orga-
nizations, to assist State and local gov-
ernments in obtaining the equipment and 
training to attain the essential capabili-
ties for first response to acts of terrorism, 
and to ensure that first responder funds 
are spent wisely. 
øSEC. 5003. FASTER AND SMARTER FUNDING FOR FIRST 
RESPONDERS. 
ø(a) IN GENERAL.—The Homeland Security 
Act of 2002 (Public Law 107–296; 6 U.S.C. 361 
et seq.) is amended— 
ø(1) in section 1(b) in the table of con-
tents by adding at the end the following: 
ø‘‘TITLE XVIII—FUNDING FOR FIRST RESPONDERS 
ø‘‘Sec. 1801. Definitions. 
ø‘‘Sec. 1802. Faster and smarter funding for first respond-
ers. 
ø‘‘Sec. 1803. Essential capabilities for first responders. 
ø‘‘Sec. 1804. Task Force on Essential Capabilities for First 
Responders. 
ø‘‘Sec. 1805. Covered grant eligibility and criteria.
3107 
ø‘‘Sec. 1806. Use of funds and accountability requirements. 
ø‘‘Sec. 1807. National standards for first responder equip-
ment and training.’’; 
øand 
ø(2) by adding at the end the fol-
lowing: 
ø‘‘TITLE XVIII—FUNDING FOR 
FIRST RESPONDERS 
ø‘‘SEC. 1801. DEFINITIONS. 
ø‘‘In this title: 
ø‘‘(1) BOARD.—The term ‘Board’ means 
the First Responder Grants Board estab-
lished under section 1805(f). 
ø‘‘(2) COVERED GRANT.—The term ‘cov-
ered grant’ means any grant to which 
this title applies under section 1802. 
ø‘‘(3) DIRECTLY
ELIGIBLE
TRIBE.—The 
term ‘directly eligible tribe’ means any 
Indian tribe or consortium of Indian 
tribes that— 
ø‘‘(A) meets the criteria for inclu-
sion in the qualified applicant pool 
for Self-Governance that are set forth 
in section 402(c) of the Indian Self- 
Determination and Education Assist-
ance Act (25 U.S.C. 458bb(c));
3108 
ø‘‘(B) employs at least 10 full-time 
personnel in a law enforcement or 
emergency response agency with the 
capacity to respond to calls for law 
enforcement or emergency services; 
and 
ø‘‘(C)(i) is located on, or within 5 
miles of, an international border or 
waterway; 
ø‘‘(ii) is located within 5 miles of a 
facility within a critical infrastruc-
ture 
sector 
identified 
in 
section 
1803(c)(2); 
ø‘‘(iii) is located within or contig-
uous to one of the 50 largest metro-
politan statistical areas in the United 
States; or 
ø‘‘(iv) has more than 1,000 square 
miles of Indian country, as that term 
is defined in section 1151 of title 18, 
United States Code. 
ø‘‘(4) ELEVATIONS IN THE THREAT ALERT 
LEVEL.—The term ‘elevations in the threat 
alert level’ means any designation (in-
cluding those that are less than national
3109 
in scope) that raises the homeland secu-
rity threat level to either the highest or 
second highest threat level under the 
Homeland Security Advisory System re-
ferred to in section 201(d)(7). 
ø‘‘(5) EMERGENCY PREPAREDNESS.—The 
term ‘emergency preparedness’ shall have 
the same meaning that term has under 
section 602 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance 
Act (42 U.S.C. 5195a). 
ø‘‘(6) 
ESSENTIAL
CAPABILITIES.—The 
term ‘essential capabilities’ means the 
levels, availability, and competence of 
emergency personnel, planning, training, 
and equipment across a variety of dis-
ciplines needed to effectively and effi-
ciently prevent, prepare for, and respond 
to acts of terrorism consistent with estab-
lished practices. 
ø‘‘(7) 
FIRST
RESPONDER.—The 
term 
‘first responder’ shall have the same 
meaning as the term ‘emergency response 
provider’.
3110 
ø‘‘(8) INDIAN TRIBE.—The term ‘Indian 
tribe’ means any Indian tribe, band, na-
tion, or other organized group or commu-
nity, including any Alaskan Native village 
or regional or village corporation as de-
fined in or established pursuant to the 
Alaskan Native Claims Settlement Act (43 
U.S.C. 1601 et seq.), which is recognized 
as eligible for the special programs and 
services provided by the United States to 
Indians because of their status as Indi-
ans. 
ø‘‘(9) 
REGION.—The 
term 
‘region’ 
means— 
ø‘‘(A) any geographic area con-
sisting of all or parts of 2 or more 
contiguous States, counties, munici-
palities, or other local governments 
that have a combined population of 
at least 1,650,000 or have an area of 
not less than 20,000 square miles, and 
that, for purposes of an application 
for a covered grant, is represented by 
1 or more governments or govern-
mental agencies within such geo-
3111 
graphic area, and that is established 
by law or by agreement of 2 or more 
such governments or governmental 
agencies in a mutual aid agreement; 
or 
ø‘‘(B) any other combination of 
contiguous local government units 
(including such a combination estab-
lished by law or agreement of two or 
more governments or governmental 
agencies in a mutual aid agreement) 
that is formally certified by the Sec-
retary as a region for purposes of this 
Act with the consent of— 
ø‘‘(i) the State or States in 
which they are located, including 
a multi-State entity established 
by a compact between two or 
more States; and 
ø‘‘(ii) the incorporated mu-
nicipalities, counties, and par-
ishes that they encompass. 
ø‘‘(10) TASK
FORCE.—The term ‘Task 
Force’ means the Task Force on Essential
3112 
Capabilities for First Responders estab-
lished under section 1804. 
ø‘‘SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST 
RESPONDERS. 
ø‘‘(a) COVERED GRANTS.—This title applies 
to grants provided by the Department to 
States, regions, or directly eligible tribes for 
the primary purpose of improving the ability 
of first responders to prevent, prepare for, re-
spond to, or mitigate threatened or actual ter-
rorist attacks, especially those involving 
weapons of mass destruction, administered 
under the following: 
ø‘‘(1) STATE HOMELAND SECURITY GRANT 
PROGRAM.—The State Homeland Security 
Grant Program of the Department, or any 
successor to such grant program. 
ø‘‘(2) URBAN
AREA
SECURITY
INITIA-
TIVE.—The Urban Area Security Initiative 
of the Department, or any successor to 
such grant program. 
ø‘‘(3) LAW
ENFORCEMENT
TERRORISM 
PREVENTION PROGRAM.—The Law Enforce-
ment Terrorism Prevention Program of
3113 
the Department, or any successor to such 
grant program. 
ø‘‘(4) CITIZEN
CORPS
PROGRAM.—The 
Citizen Corps Program of the Depart-
ment, or any successor to such grant pro-
gram. 
ø‘‘(b) 
EXCLUDED
PROGRAMS.—This 
title 
does not apply to or otherwise affect the fol-
lowing Federal grant programs or any grant 
under such a program: 
ø‘‘(1) 
NONDEPARTMENT
PROGRAMS.— 
Any Federal grant program that is not 
administered by the Department. 
ø‘‘(2) FIRE GRANT PROGRAMS.—The fire 
grant programs authorized by sections 33 
and 34 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2229, 
2229a). 
ø‘‘(3) EMERGENCY
MANAGEMENT
PLAN-
NING
AND
ASSISTANCE
ACCOUNT
GRANTS.— 
The Emergency Management Perform-
ance Grant program and the Urban 
Search and Rescue Grants program au-
thorized by title VI of the Robert T. Staf-
ford Disaster Relief and Emergency As-
3114 
sistance Act (42 U.S.C. 5195 et seq.); the 
Departments of Veterans Affairs and 
Housing and Urban Development, and 
Independent 
Agencies 
Appropriations 
Act, 2000 (113 Stat. 1047 et seq.); and the 
Earthquake Hazards Reduction Act of 
1977 (42 U.S.C. 7701 et seq.). 
ø‘‘SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RE-
SPONDERS. 
ø‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPA-
BILITIES.— 
ø‘‘(1) IN
GENERAL.—For purposes of 
covered grants, the Secretary shall estab-
lish clearly defined essential capabilities 
for State and local government prepared-
ness for terrorism, in consultation with— 
ø‘‘(A) the Task Force on Essential 
Capabilities for First Responders es-
tablished under section 1804; 
ø‘‘(B) the Under Secretaries for 
Emergency 
Preparedness 
and 
Re-
sponse, Border and Transportation 
Security, Information Analysis and 
Infrastructure 
Protection, 
and 
Science and Technology, and the Di-
3115 
rector of the Office for Domestic Pre-
paredness; 
ø‘‘(C) the Secretary of Health and 
Human Services; 
ø‘‘(D) other appropriate Federal 
agencies; 
ø‘‘(E) State and local first re-
sponder agencies and officials; and 
ø‘‘(F) consensus-based standard 
making organizations responsible for 
setting standards relevant to the first 
responder community. 
ø‘‘(2) 
DEADLINES.—The 
Secretary 
shall— 
ø‘‘(A) establish essential capabili-
ties under paragraph (1) within 30 
days after receipt of the report under 
section 1804(b); and 
ø‘‘(B) regularly update such essen-
tial capabilities as necessary, but not 
less than every 3 years. 
ø‘‘(3) PROVISION OF ESSENTIAL CAPABILI-
TIES.—The Secretary shall ensure that a 
detailed description of the essential capa-
bilities established under paragraph (1)
3116 
is provided promptly to the States and to 
the Congress. The States shall make the 
essential capabilities available as nec-
essary and appropriate to local govern-
ments within their jurisdictions. 
ø‘‘(b) OBJECTIVES.—The Secretary shall en-
sure that essential capabilities established 
under subsection (a)(1) meet the following ob-
jectives: 
ø‘‘(1) SPECIFICITY.—The determination 
of essential capabilities specifically shall 
describe the training, planning, per-
sonnel, and equipment that different 
types of communities in the Nation 
should possess, or to which they should 
have access, in order to meet the Depart-
ment’s goals for terrorism preparedness 
based upon— 
ø‘‘(A) the most current risk assess-
ment available by the Directorate for 
Information Analysis and Infrastruc-
ture Protection of the threats of ter-
rorism against the United States; 
ø‘‘(B) 
the 
types 
of 
threats, 
vulnerabilities, geography, size, and
3117 
other factors that the Secretary has 
determined to be applicable to each 
different type of community; and 
ø‘‘(C) the principles of regional 
coordination and mutual aid among 
State and local governments. 
ø‘‘(2) FLEXIBILITY.—The establishment 
of essential capabilities shall be suffi-
ciently flexible to allow State and local 
government officials to set priorities 
based on particular needs, while reach-
ing nationally determined terrorism pre-
paredness levels within a specified time 
period. 
ø‘‘(3) MEASURABILITY.—The establish-
ment of essential capabilities shall be de-
signed 
to 
enable 
measurement 
of 
progress towards specific terrorism pre-
paredness goals. 
ø‘‘(4) COMPREHENSIVENESS.—The deter-
mination of essential capabilities for ter-
rorism preparedness shall be made with-
in the context of a comprehensive State 
emergency management system. 
ø‘‘(c) FACTORS TO BE CONSIDERED.—
3118 
ø‘‘(1) IN GENERAL.—In establishing es-
sential 
capabilities 
under 
subsection 
(a)(1), the Secretary specifically shall con-
sider the variables of threat, vulner-
ability, and consequences with respect to 
the Nation’s population (including tran-
sient commuting and tourist populations) 
and critical infrastructure. Such consid-
eration shall be based upon the most cur-
rent risk assessment available by the Di-
rectorate for Information Analysis and 
Infrastructure Protection of the threats 
of terrorism against the United States. 
ø‘‘(2) CRITICAL
INFRASTRUCTURE
SEC-
TORS.—The Secretary specifically shall 
consider threats of terrorism against the 
following critical infrastructure sectors 
in all areas of the Nation, urban and 
rural: 
ø‘‘(A) Agriculture. 
ø‘‘(B) Banking and finance. 
ø‘‘(C) Chemical industries. 
ø‘‘(D) The defense industrial base. 
ø‘‘(E) Emergency services. 
ø‘‘(F) Energy.
3119 
ø‘‘(G) Food. 
ø‘‘(H) Government. 
ø‘‘(I) Postal and shipping. 
ø‘‘(J) Public health. 
ø‘‘(K) 
Information 
and 
tele-
communications networks. 
ø‘‘(L) Transportation. 
ø‘‘(M) Water. 
The order in which the critical infra-
structure sectors are listed in this para-
graph shall not be construed as an order 
of priority for consideration of the impor-
tance of such sectors. 
ø‘‘(3) TYPES
OF
THREAT.—The Sec-
retary specifically shall consider the fol-
lowing types of threat to the critical in-
frastructure sectors described in para-
graph (2), and to populations in all areas 
of the Nation, urban and rural: 
ø‘‘(A) Biological threats. 
ø‘‘(B) Nuclear threats. 
ø‘‘(C) Radiological threats. 
ø‘‘(D) Incendiary threats. 
ø‘‘(E) Chemical threats. 
ø‘‘(F) Explosives.
3120 
ø‘‘(G) Suicide bombers. 
ø‘‘(H) Cyber threats. 
ø‘‘(I) Any other threats based on 
proximity to specific past acts of ter-
rorism or the known activity of any 
terrorist group. 
The order in which the types of threat 
are listed in this paragraph shall not be 
construed as an order of priority for con-
sideration of the importance of such 
threats. 
ø‘‘(4) CONSIDERATION
OF
ADDITIONAL 
FACTORS.—In establishing essential capa-
bilities under subsection (a)(1), the Sec-
retary shall take into account any other 
specific threat to a population (including 
a transient commuting or tourist popu-
lation) or critical infrastructure sector 
that the Secretary has determined to 
exist. 
ø‘‘SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES 
FOR FIRST RESPONDERS. 
ø‘‘(a) ESTABLISHMENT.—To assist the Sec-
retary in establishing essential capabilities 
under section 1803(a)(1), the Secretary shall
3121 
establish an advisory body pursuant to sec-
tion 871(a) not later than 60 days after the 
date of the enactment of this section, which 
shall be known as the Task Force on Essential 
Capabilities for First Responders. 
ø‘‘(b) REPORT.— 
ø‘‘(1) IN
GENERAL.—The Task Force 
shall submit to the Secretary, not later 
than 9 months after its establishment by 
the Secretary under subsection (a) and 
every 3 years thereafter, a report on its 
recommendations for essential capabili-
ties for preparedness for terrorism. 
ø‘‘(2) CONTENTS.—The report shall— 
ø‘‘(A) include a priority ranking of 
essential capabilities in order to pro-
vide guidance to the Secretary and to 
the Congress on determining the ap-
propriate allocation of, and funding 
levels for, first responder needs; 
ø‘‘(B) set forth a methodology by 
which any State or local government 
will be able to determine the extent 
to which it possesses or has access to 
the essential capabilities that States
3122 
and local governments having similar 
risks should obtain; 
ø‘‘(C) describe the availability of 
national voluntary consensus stand-
ards, and whether there is a need for 
new national voluntary consensus 
standards, with respect to first re-
sponder training and equipment; 
ø‘‘(D) include such additional mat-
ters as the Secretary may specify in 
order to further the terrorism pre-
paredness capabilities of first re-
sponders; and 
ø‘‘(E) include such revisions to the 
contents of past reports as are nec-
essary to take into account changes 
in the most current risk assessment 
available by the Directorate for Infor-
mation Analysis and Infrastructure 
Protection or other relevant informa-
tion as determined by the Secretary. 
ø‘‘(3) 
CONSISTENCY
WITH
FEDERAL 
WORKING
GROUP.—The Task Force shall 
ensure that its recommendations for es-
sential capabilities are, to the extent fea-
3123 
sible, consistent with any preparedness 
goals or recommendations of the Federal 
working group established under section 
319F(a) of the Public Health Service Act 
(42 U.S.C. 247d–6(a)). 
ø‘‘(4) COMPREHENSIVENESS.—The Task 
Force shall ensure that its recommenda-
tions regarding essential capabilities for 
terrorism preparedness are made within 
the context of a comprehensive State 
emergency management system. 
ø‘‘(5) 
PRIOR
MEASURES.—The 
Task 
Force shall ensure that its recommenda-
tions regarding essential capabilities for 
terrorism preparedness take into account 
any capabilities that State or local offi-
cials have determined to be essential and 
have undertaken since September 11, 
2001, to prevent or prepare for terrorist 
attacks. 
ø‘‘(c) MEMBERSHIP.— 
ø‘‘(1) IN
GENERAL.—The Task Force 
shall consist of 25 members appointed by 
the Secretary, and shall, to the extent 
practicable, represent a geographic and
3124 
substantive cross section of governmental 
and nongovernmental first responder dis-
ciplines from the State and local levels, 
including as appropriate— 
ø‘‘(A) members selected from the 
emergency response field, including 
fire service and law enforcement, 
hazardous materials response, emer-
gency medical services, and emer-
gency management personnel (includ-
ing public works personnel routinely 
engaged in emergency response); 
ø‘‘(B) health scientists, emergency 
and inpatient medical providers, and 
public health professionals, including 
experts in emergency health care re-
sponse to chemical, biological, radio-
logical, and nuclear terrorism, and 
experts in providing mental health 
care during emergency response op-
erations; 
ø‘‘(C) experts from Federal, State, 
and local governments, and the pri-
vate sector, representing standards- 
setting organizations, including rep-
3125 
resentation from the voluntary con-
sensus codes and standards develop-
ment community, particularly those 
with expertise in first responder dis-
ciplines; and 
ø‘‘(D) State and local officials with 
expertise in terrorism preparedness, 
subject to the condition that if any 
such official is an elected official rep-
resenting one of the two major polit-
ical parties, an equal number of elect-
ed officials shall be selected from 
each such party. 
ø‘‘(2) COORDINATION WITH THE DEPART-
MENT OF HEALTH AND HEALTH SERVICES.—In 
the selection of members of the Task 
Force who are health professionals, in-
cluding emergency medical professionals, 
the Secretary shall coordinate the selec-
tion with the Secretary of Health and 
Human Services. 
ø‘‘(3) EX OFFICIO MEMBERS.—The Sec-
retary and the Secretary of Health and 
Human Services shall each designate one 
or more officers of their respective De-
3126 
partments to serve as ex officio members 
of the Task Force. One of the ex officio 
members from the Department of Home-
land Security shall be the designated offi-
cer of the Federal Government for pur-
poses of subsection (e) of section 10 of the 
Federal Advisory Committee Act (5 App. 
U.S.C.). 
ø‘‘(d) APPLICABILITY OF FEDERAL ADVISORY 
COMMITTEE
ACT.—Notwithstanding 
section 
871(a), the Federal Advisory Committee Act (5 
U.S.C. App.), including subsections (a), (b), 
and (d) of section 10 of such Act, and section 
552b(c) of title 5, United States Code, shall 
apply to the Task Force. 
ø‘‘SEC. 1805. COVERED GRANT ELIGIBILITY AND CRITERIA. 
ø‘‘(a) GRANT ELIGIBILITY.—Any State, re-
gion, or directly eligible tribe shall be eligible 
to apply for a covered grant. 
ø‘‘(b) GRANT CRITERIA.—In awarding cov-
ered grants, the Secretary shall assist States 
and local governments in achieving, main-
taining, and enhancing the essential capabili-
ties for first responders established by the 
Secretary under section 1803.
3127 
ø‘‘(c) STATE HOMELAND SECURITY PLANS.— 
ø‘‘(1) SUBMISSION OF PLANS.—The Sec-
retary shall require that any State apply-
ing to the Secretary for a covered grant 
must submit to the Secretary a 3-year 
State homeland security plan that— 
ø‘‘(A) demonstrates the extent to 
which the State has achieved the es-
sential capabilities that apply to the 
State; 
ø‘‘(B) demonstrates the needs of 
the State necessary to achieve, main-
tain, or enhance the essential capa-
bilities that apply to the State; 
ø‘‘(C) includes a prioritization of 
such needs based on threat, vulner-
ability, and consequence assessment 
factors applicable to the State; 
ø‘‘(D) describes how the State in-
tends— 
ø‘‘(i) to address such needs at 
the city, county, regional, tribal, 
State, and interstate level, includ-
ing a precise description of any 
regional structure the State has
3128 
established for the purpose of or-
ganizing homeland security pre-
paredness activities funded by 
covered grants; 
ø‘‘(ii) to use all Federal, State, 
and local resources available for 
the purpose of addressing such 
needs; and 
ø‘‘(iii) to give particular em-
phasis to regional planning and 
cooperation, including the activi-
ties of multijurisdictional plan-
ning agencies governed by local 
officials, both within its jurisdic-
tional borders and with neigh-
boring States; 
ø‘‘(E) is developed in consultation 
with and subject to appropriate com-
ment by local governments within the 
State; and 
ø‘‘(F) with respect to the emer-
gency preparedness of first respond-
ers, addresses the unique aspects of 
terrorism as part of a comprehensive 
State emergency management plan.
3129 
ø‘‘(2) APPROVAL
BY
SECRETARY.—The 
Secretary may not award any covered 
grant to a State unless the Secretary has 
approved the applicable State homeland 
security plan. 
ø‘‘(d) CONSISTENCY WITH STATE PLANS.— 
The Secretary shall ensure that each covered 
grant is used to supplement and support, in 
a consistent and coordinated manner, the ap-
plicable State homeland security plan or 
plans. 
ø‘‘(e) APPLICATION FOR GRANT.— 
ø‘‘(1) IN
GENERAL.—Except as other-
wise provided in this subsection, any 
State, region, or directly eligible tribe 
may apply for a covered grant by submit-
ting to the Secretary an application at 
such time, in such manner, and con-
taining such information as is required 
under this subsection, or as the Secretary 
may reasonably require. 
ø‘‘(2) DEADLINES FOR APPLICATIONS AND 
AWARDS.—All 
applications 
for 
covered 
grants must be submitted at such time as 
the Secretary may reasonably require for
3130 
the fiscal year for which they are sub-
mitted. The Secretary shall award cov-
ered grants pursuant to all approved ap-
plications for such fiscal year as soon as 
practicable, but not later than March 1 of 
such year. 
ø‘‘(3) 
AVAILABILITY
OF
FUNDS.—All 
funds awarded by the Secretary under 
covered grants in a fiscal year shall be 
available for obligation through the end 
of the subsequent fiscal year. 
ø‘‘(4) MINIMUM
CONTENTS
OF
APPLICA-
TION.—The Secretary shall require that 
each applicant include in its application, 
at a minimum— 
ø‘‘(A) the purpose for which the 
applicant seeks covered grant funds 
and the reasons why the applicant 
needs the covered grant to meet the 
essential capabilities for terrorism 
preparedness within the State, re-
gion, or directly eligible tribe to 
which the application pertains; 
ø‘‘(B) a description of how, by ref-
erence to the applicable State home-
3131 
land security plan or plans under 
subsection (c), the allocation of grant 
funding proposed in the application, 
including, 
where 
applicable, 
the 
amount not passed through under 
section 1806(g)(1), would assist in ful-
filling the essential capabilities speci-
fied in such plan or plans; 
ø‘‘(C) a statement of whether a 
mutual aid agreement applies to the 
use of all or any portion of the cov-
ered grant funds; 
ø‘‘(D) if the applicant is a State, a 
description of how the State plans to 
allocate the covered grant funds to 
regions, local governments, and In-
dian tribes; 
ø‘‘(E) if the applicant is a region— 
ø‘‘(i) a precise geographical 
description of the region and a 
specification of all participating 
and nonparticipating local gov-
ernments within the geographical 
area comprising that region;
3132 
ø‘‘(ii) a specification of what 
governmental entity within the 
region will administer the ex-
penditure of funds under the cov-
ered grant; and 
ø‘‘(iii) a designation of a spe-
cific individual to serve as re-
gional liaison; 
ø‘‘(F) a capital budget showing 
how the applicant intends to allocate 
and expend the covered grant funds; 
ø‘‘(G) if the applicant is a directly 
eligible tribe, a designation of a spe-
cific individual to serve as the tribal 
liaison; and 
ø‘‘(H) a statement of how the ap-
plicant intends to meet the matching 
requirement, 
if 
any, 
that 
applies 
under section 1806(g)(2). 
ø‘‘(5) REGIONAL APPLICATIONS.— 
ø‘‘(A) RELATIONSHIP
TO
STATE
AP-
PLICATIONS.—A regional application— 
ø‘‘(i) shall be coordinated with 
an application submitted by the
3133 
State or States of which such re-
gion is a part; 
ø‘‘(ii) shall supplement and 
avoid duplication with such State 
application; and 
ø‘‘(iii) 
shall 
address 
the 
unique regional aspects of such 
region’s terrorism preparedness 
needs beyond those provided for 
in the application of such State or 
States. 
ø‘‘(B) STATE
REVIEW
AND
SUBMIS-
SION.—To ensure the consistency re-
quired under subsection (d) and the 
coordination required under subpara-
graph (A) of this paragraph, an appli-
cant that is a region must submit its 
application to each State of which 
any part is included in the region for 
review and concurrence prior to the 
submission of such application to the 
Secretary. The regional application 
shall be transmitted to the Secretary 
through each such State within 30 
days of its receipt, unless the Gov-
3134 
ernor of such a State notifies the Sec-
retary, in writing, that such regional 
application is inconsistent with the 
State’s homeland security plan and 
provides an explanation of the rea-
sons therefor. 
ø‘‘(C) DISTRIBUTION
OF
REGIONAL 
AWARDS.—If the Secretary approves a 
regional application, then the Sec-
retary shall distribute a regional 
award to the State or States submit-
ting the applicable regional applica-
tion under subparagraph (B), and 
each such State shall, not later than 
the end of the 45-day period begin-
ning on the date after receiving a re-
gional award, pass through to the re-
gion all covered grant funds or re-
sources purchased with such funds, 
except those funds necessary for the 
State to carry out its responsibilities 
with respect to such regional applica-
tion: Provided, That in no such case 
shall the State or States pass through
3135 
to the region less than 80 percent of 
the regional award. 
ø‘‘(D) CERTIFICATIONS
REGARDING 
DISTRIBUTION OF GRANT FUNDS TO RE-
GIONS.—Any State that receives a re-
gional award under subparagraph (C) 
shall certify to the Secretary, by not 
later than 30 days after the expira-
tion of the period described in sub-
paragraph (C) with respect to the 
grant, that the State has made avail-
able to the region the required funds 
and resources in accordance with 
subparagraph (C). 
ø‘‘(E) DIRECT
PAYMENTS
TO
RE-
GIONS.—If any State fails to pass 
through a regional award to a region 
as required by subparagraph (C) 
within 45 days after receiving such 
award and does not request or re-
ceive an extension of such period 
under section 1806(h)(2), the region 
may petition the Secretary to receive 
directly the portion of the regional 
award that is required to be passed
3136 
through to such region under sub-
paragraph (C). 
ø‘‘(F) REGIONAL
LIAISONS.—A re-
gional liaison designated under para-
graph (4)(E)(iii) shall— 
ø‘‘(i) coordinate with Federal, 
State, local, regional, and private 
officials within the region con-
cerning terrorism preparedness; 
ø‘‘(ii) develop a process for re-
ceiving input from Federal, State, 
local, regional, and private sector 
officials within the region to as-
sist in the development of the re-
gional application and to improve 
the region’s access to covered 
grants; and 
ø‘‘(iii) administer, in consulta-
tion with State, local, regional, 
and private officials within the 
region, covered grants awarded 
to the region. 
ø‘‘(6) TRIBAL APPLICATIONS.— 
ø‘‘(A) SUBMISSION TO THE STATE OR 
STATES.—To ensure the consistency
3137 
required under subsection (d), an ap-
plicant that is a directly eligible tribe 
must submit its application to each 
State within the boundaries of which 
any part of such tribe is located for 
direct submission to the Department 
along with the application of such 
State or States. 
ø‘‘(B) OPPORTUNITY FOR STATE COM-
MENT.—Before awarding any covered 
grant to a directly eligible tribe, the 
Secretary shall provide an oppor-
tunity 
to 
each 
State 
within 
the 
boundaries of which any part of such 
tribe is located to comment to the 
Secretary on the consistency of the 
tribe’s application with the State’s 
homeland security plan. Any such 
comments shall be submitted to the 
Secretary concurrently with the sub-
mission of the State and tribal appli-
cations. 
ø‘‘(C) FINAL AUTHORITY.—The Sec-
retary shall have final authority to 
determine the consistency of any ap-
3138 
plication of a directly eligible tribe 
with the applicable State homeland 
security plan or plans, and to ap-
prove any application of such tribe. 
The Secretary shall notify each State 
within the boundaries of which any 
part of such tribe is located of the ap-
proval of an application by such 
tribe. 
ø‘‘(D) TRIBAL LIAISON.—A tribal li-
aison designated under paragraph 
(4)(G) shall— 
ø‘‘(i) coordinate with Federal, 
State, local, regional, and private 
officials 
concerning 
terrorism 
preparedness; 
ø‘‘(ii) develop a process for re-
ceiving input from Federal, State, 
local, regional, and private sector 
officials to assist in the develop-
ment of the application of such 
tribe and to improve the tribe’s 
access to covered grants; and 
ø‘‘(iii) administer, in consulta-
tion with State, local, regional,