208
(C) continue the implementation of a bio-
metric exit and entry data system that links to 
relevant databases and data systems, as re-
quired by subsections (b) and (c) of section 603 
and other existing authorities; 
(D) centralize the ‘‘no-fly’’ and ‘‘auto-
matic-selectee’’ lists, making use of improved 
terrorists watch lists, as required by section 
703; 
(E) develop plans, in consultation with 
other relevant agencies, for the sharing of ter-
rorist information with trusted governments, as 
required by section 605; 
(F) initiate any other action determined 
appropriate by the Secretary to facilitate the 
implementation of this paragraph; and 
(G) report to Congress on the implementa-
tion of phase I, including—
(i) the effectiveness of actions taken, 
the efficacy of resources expended, compli-
ance with statutory provisions, and safe-
guards for privacy and civil liberties; and 
(ii) plans for the development and im-
plementation of phases II and III. 
(2) PHASE II.—The Secretary shall—
209
(A) complete the implementation of a sin-
gle program for registered travelers to expedite 
travel across the border, as required by section 
603(e); 
(B) complete the implementation of a bio-
metric entry and exit data system that links to 
relevant databases and data systems, as re-
quired by subsections (b) and (c) of section 
603, and other existing authorities; 
(C) in cooperation with other relevant 
agencies, engage in dialogue with foreign gov-
ernments to develop plans for the use of com-
mon screening standards; 
(D) initiate any other action determined 
appropriate by the Secretary to facilitate the 
implementation of this paragraph; and 
(E) report to Congress on the implementa-
tion of phase II, including—
(i) the effectiveness of actions taken, 
the efficacy of resources expended, compli-
ance with statutory provisions, and safe-
guards for privacy and civil liberties; and 
(ii) the plans for the development and 
implementation of phase III. 
(3) PHASE III.—The Secretary shall—
210
(A) finalize and deploy the integrated 
screening system required by subsection (a); 
(B) in cooperation with other relevant 
agencies, promote the implementation of com-
mon screening standards by foreign govern-
ments; and 
(C) report to Congress on the implementa-
tion of Phase III, including—
(i) the effectiveness of actions taken, 
the efficacy of resources expended, compli-
ance with statutory provisions, and safe-
guards for privacy and civil liberties; and 
(ii) the plans for the ongoing oper-
ation of the integrated screening system. 
(h) REPORT.—After phase III has been implemented, 
the Secretary shall submit a report to Congress every 3 
years that describes the ongoing operation of the inte-
grated screening system, including its effectiveness, effi-
cient use of resources, compliance with statutory provi-
sions, and safeguards for privacy and civil liberties. 
(i) AUTHORIZATIONS.—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.
211
SEC. 603. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 
(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress finds that completing a biometric entry 
and exit data system as expeditiously as possible is an es-
sential investment in efforts to protect the United States 
by preventing the entry of terrorists. 
(b) PLAN AND REPORT.—
(1) DEVELOPMENT OF PLAN.—The Secretary 
of Homeland Security shall develop a plan to accel-
erate the full implementation of an automated bio-
metric entry and exit data system required by appli-
cable sections of—
(A) the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public 
Law 104–208); 
(B) the Immigration and Naturalization 
Service Data Management Improvement Act of 
2000 (Public Law 106–205); 
(C) the Visa Waiver Permanent Program 
Act (Public Law 106–396); 
(D) the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (Public Law 
107–173); and 
(E) the Uniting and Strengthening Amer-
ica by Providing Appropriate Tools Required to
212
Intercept and Obstruct Terrorism (USA PA-
TRIOT ACT) Act of 2001 (Public Law 107–
56). 
(2) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary 
shall submit a report to Congress on the plan devel-
oped under paragraph (1), which shall contain—
(A) 
a 
description 
of 
the 
current 
functionality of the entry and exit data system, 
including—
(i) a listing of ports of entry with bio-
metric entry data systems in use and 
whether such screening systems are located 
at primary or secondary inspection areas; 
(ii) a listing of ports of entry with bio-
metric exit data systems in use; 
(iii) a listing of databases and data 
systems with which the automated entry 
and exit data system are interoperable; 
(iv) a description of—
(I) identified deficiencies con-
cerning the accuracy or integrity of 
the information contained in the entry 
and exit data system;
213
(II) identified deficiencies con-
cerning technology associated with 
processing individuals through the 
system; and 
(III) 
programs 
or 
policies 
planned or implemented to correct 
problems identified in subclause (I) or 
(II); and 
(v) an assessment of the effectiveness 
of the entry and exit data system in ful-
filling its intended purposes, including pre-
venting terrorists from entering the United 
States; 
(B) a description of factors relevant to the 
accelerated implementation of the biometric 
entry and exit system, including—
(i) the earliest date on which the Sec-
retary estimates that full implementation 
of the biometric entry and exit data system 
can be completed; 
(ii) the actions the Secretary will take 
to accelerate the full implementation of the 
biometric entry and exit data system at all 
ports of entry through which all aliens
214
must pass that are legally required to do 
so; and 
(iii) the resources and authorities re-
quired to enable the Secretary to meet the 
implementation date described in clause 
(i); 
(C) a description of any improvements 
needed in the information technology employed 
for the entry and exit data system; and 
(D) a description of plans for improved or 
added interoperability with any other databases 
or data systems. 
(c) INTEGRATION REQUIREMENT.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall integrate the biometric entry and exit data 
system with all databases and data systems maintained 
by the United States Citizenship and Immigration Serv-
ices that process or contain information on aliens. 
(d) MAINTAINING ACCURACY
AND INTEGRITY
OF 
ENTRY AND EXIT DATA SYSTEM.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with other appropriate agencies, shall establish 
rules, guidelines, policies, and operating and audit-
ing procedures for collecting, removing, and updat-
ing data maintained in, and adding information to,
216
(B) the process of expediting known trav-
elers across the border can permit inspectors to 
better focus on identifying terrorists attempting 
to enter the United States. 
(2) DEFINITION.—The term ‘‘registered trav-
eler program’’ means any program designed to expe-
dite the travel of previously screened and known 
travelers across the borders of the United States. 
(3) REGISTERED TRAVEL PLAN.—
(A) IN
GENERAL.—As soon as is prac-
ticable, the Secretary shall develop and imple-
ment a plan to expedite the processing of reg-
istered travelers who enter and exit the United 
States through a single registered traveler pro-
gram. 
(B) INTEGRATION.—The registered trav-
eler program developed under this paragraph 
shall be integrated into the automated biometric 
entry and exit data system described in this 
section. 
(C) REVIEW AND EVALUATION.—In devel-
oping the program under this paragraph, the 
Secretary shall—
(i) review existing programs or pilot 
projects designed to expedite the travel of
217
registered travelers across the borders of 
the United States; 
(ii) evaluate the effectiveness of the 
programs described in clause (i), the costs 
associated with such programs, and the 
costs to travelers to join such programs; 
and 
(iii) increase research and develop-
ment efforts to accelerate the development 
and implementation of a single registered 
traveler program. 
(4) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall 
submit to Congress a report describing the Depart-
ment’s progress on the development and implemen-
tation of the plan required by this subsection. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary, for 
each of the fiscal years 2005 through 2009, such sums 
as may be necessary to carry out the provisions of this 
section. 
SEC. 604. TRAVEL DOCUMENTS. 
(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress finds that—
218
(1) existing procedures allow many individuals 
to enter the United States by showing minimal iden-
tification or without showing any identification; 
(2) the planning for the terrorist attacks of 
September 11, 2001, demonstrates that terrorists 
study and exploit United States vulnerabilities; and 
(3) additional safeguards are needed to ensure 
that terrorists cannot enter the United States. 
(b) BIOMETRIC PASSPORTS.—
(1) DEVELOPMENT OF PLAN.—The Secretary 
of Homeland Security, in consultation with the Sec-
retary of State, shall develop and implement a plan 
as expeditiously as possible to require biometric 
passports or other identification deemed by the Sec-
retary to be at least as secure as a biometric pass-
port, for all travel into the United States by United 
States citizens and by categories of individuals for 
whom documentation requirements have previously 
been waived under section 212(d)(4)(B) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(d)(4)(B)). 
(2) REQUIREMENT TO PRODUCE DOCUMENTA-
TION.—The plan developed under paragraph (1) 
shall require all United States citizens, and cat-
egories of individuals for whom documentation re-
219
quirements have previously been waived under sec-
tion 212(d)(4)(B) of such Act, to carry and produce 
the documentation described in paragraph (1) when 
traveling from foreign countries into the United 
States. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
After the complete implementation of the plan described 
in subsection (b)—
(1) the Secretary of State and the Attorney 
General may no longer exercise discretion under sec-
tion 212(d)(4)(B) of such Act to waive documentary 
requirements for travel into the United States; and 
(2) the President may no longer exercise discre-
tion under section 215(b) of such Act to waive docu-
mentary requirements for United States citizens de-
parting from or entering, or attempting to depart 
from or enter, the United States, unless the Sec-
retary of State determines that the alternative docu-
mentation that is the basis for the waiver of the doc-
umentary requirement is at least as secure as a bio-
metric passport. 
(d) TRANSIT WITHOUT VISA PROGRAM.—The Sec-
retary of State shall not use any authorities granted under 
section 212(d)(4)(C) of such Act until the Secretary, in 
conjunction with the Secretary of Homeland Security,
220
completely implements a security plan to fully ensure se-
cure transit passage areas to prevent aliens proceeding in 
immediate and continuous transit through the United 
States from illegally entering the United States. 
SEC. 605. EXCHANGE OF TERRORIST INFORMATION. 
(a) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress finds that—
(1) the exchange of terrorist information with 
other countries, consistent with privacy require-
ments, along with listings of lost and stolen pass-
ports, will have immediate security benefits; and 
(2) the further away from the borders of the 
United States that screening occurs, the more secu-
rity benefits the United States will gain. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the United States Government should ex-
change terrorist information with trusted allies; 
(2) the United States Government should move 
toward real-time verification of passports with 
issuing authorities; 
(3) where practicable the United States Govern-
ment should conduct screening before a passenger 
departs on a flight destined for the United States;
221
(4) the United States Government should work 
with other countries to ensure effective inspection 
regimes at all airports; 
(5) the United States Government should work 
with other countries to improve passport standards 
and provide foreign assistance to countries that need 
help making the transition to the global standard for 
identification; and 
(6) the Department of Homeland Security, in 
coordination with the Department of State and other 
agencies, should implement the initiatives called for 
in this subsection. 
(c) REPORT REGARDING THE EXCHANGE OF TER-
RORIST INFORMATION.—
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of State and the Secretary of Homeland Secu-
rity, working with other agencies, shall submit to the 
appropriate committees of Congress a report on 
Federal efforts to collaborate with allies of the 
United States in the exchange of terrorist informa-
tion. 
(2) CONTENTS.—The report shall outline— 
(A) strategies for increasing such collabo-
ration and cooperation;
222
(B) progress made in screening passengers 
before their departure to the United States; and 
(C) efforts to work with other countries to 
accomplish the goals described under this sec-
tion. 
SEC. 606. MINIMUM STANDARDS FOR IDENTIFICATION-RE-
LATED DOCUMENTS. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 890A. MINIMUM STANDARDS FOR BIRTH CERTIFI-
CATES. 
‘‘(a) DEFINITION.—In this section, the term ‘birth 
certificate’ means a certificate of birth—
‘‘(1) for an individual (regardless of where 
born)—
‘‘(A) who is a citizen or national of the 
United States at birth; and 
‘‘(B) whose birth is registered in the 
United States; and 
‘‘(2) that—
‘‘(A) is issued by a Federal, State, or local 
government agency or authorized custodian of 
record and produced from birth records main-
tained by such agency or custodian of record; or
223
‘‘(B) is an authenticated copy, issued by a 
Federal, State, or local government agency or 
authorized custodian of record, of an original 
certificate of birth issued by such agency or 
custodian of record. 
‘‘(b) STANDARDS
FOR ACCEPTANCE
BY FEDERAL 
AGENCIES.— 
‘‘(1) IN GENERAL.—Beginning 2 years after the 
promulgation of minimum standards under para-
graph (2), no Federal agency may accept a birth 
certificate for any official purpose unless the certifi-
cate conforms to such standards. 
‘‘(2) MINIMUM
STANDARDS.—Within 1 year 
after the date of enactment of this section, the Sec-
retary shall by regulation establish minimum stand-
ards for birth certificates for use by Federal agen-
cies for official purposes that—
‘‘(A) at a minimum, shall require certifi-
cation of the birth certificate by the State or 
local government custodian of record that 
issued the certificate, and shall require the use 
of safety paper, the seal of the issuing custo-
dian of record, and other features designed to 
prevent tampering, counterfeiting, or otherwise
224
duplicating the birth certificate for fraudulent 
purposes; 
‘‘(B) shall establish requirements for proof 
and verification of identity as a condition of 
issuance of a birth certificate, with additional 
security measures for the issuance of a birth 
certificate for a person who is not the applicant; 
‘‘(C) may not require a single design to 
which birth certificates issued by all States 
must conform; and 
‘‘(D) shall accommodate the differences be-
tween the States in the manner and form in 
which birth records are stored and birth certifi-
cates are produced from such records. 
‘‘(3) CONSULTATION WITH GOVERNMENT AGEN-
CIES.—In promulgating the standards required by 
paragraph (2), the Secretary shall consult with State 
vital statistics offices and appropriate Federal agen-
cies. 
‘‘(4) EXTENSION
OF
EFFECTIVE
DATE.—The 
Secretary may extend the 2-year date under para-
graph (1) by up to 2 additional years for birth cer-
tificates issued before that 2-year date if the Sec-
retary determines that the States are unable to com-
225
ply with such date after making reasonable efforts to 
do so. 
‘‘(c) GRANTS TO STATES.— 
‘‘(1) 
ASSISTANCE
IN
MEETING
FEDERAL 
STANDARDS.— 
‘‘(A) IN GENERAL.—Beginning on the date 
a final regulation is promulgated under sub-
section (b)(2), the Secretary shall make grants 
to States to assist them in conforming to the 
minimum standards for birth certificates set 
forth in the regulation. 
‘‘(B) ALLOCATION OF GRANTS.—The Sec-
retary shall make grants to States under this 
paragraph based on the proportion that the es-
timated average annual number of birth certifi-
cates issued by a State applying for a grant 
bears to the estimated average annual number 
of birth certificates issued by all States. 
‘‘(2) ASSISTANCE
IN
MATCHING
BIRTH
AND 
DEATH RECORDS.— 
‘‘(A) IN GENERAL.—The Secretary, in co-
ordination with other appropriate Federal agen-
cies, shall make grants to States to assist them 
in—
226
‘‘(i) computerizing their birth and 
death records; 
‘‘(ii) developing the capability to 
match birth and death records within each 
State and among the States; and 
‘‘(iii) noting the fact of death on the 
birth certificates of deceased persons. 
‘‘(B) ALLOCATION OF GRANTS.—The Sec-
retary shall make grants to States under this 
paragraph based on the proportion that the es-
timated annual average number of birth and 
death records created by a State applying for a 
grant bears to the estimated annual average 
number of birth and death records originated 
by all States. 
‘‘(d) 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 section. 
‘‘SEC. 890B. DRIVER’S LICENSES AND PERSONAL IDENTI-
FICATION CARDS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s li-
cense’ means a motor vehicle operator’s license as
227
defined in section 30301(5) of title 49, United 
States Code. 
‘‘(2) PERSONAL
IDENTIFICATION
CARD.—The 
term ‘personal identification card’ means an identi-
fication document (as defined in section 1028(d)(3) 
of title 18, United States Code) issued by a State. 
‘‘(b) STANDARDS
FOR ACCEPTANCE
BY FEDERAL 
AGENCIES.—
‘‘(1) IN GENERAL.—
‘‘(A) LIMITATION
ON
ACCEPTANCE.—No 
Federal agency may accept, for any official pur-
pose, a driver’s license or personal identification 
card issued by a State more than 2 years after 
the promulgation of the minimum standards 
under paragraph (2) unless the driver’s license 
or personal identification card conforms to such 
minimum standards. 
‘‘(B) DATE
FOR
CONFORMANCE.—The 
Secretary shall establish a date after which no 
driver’s license or personal identification card 
shall be accepted by a Federal agency for any 
official purpose unless such driver’s license or 
personal identification card conforms to the 
minimum standards established under para-
graph (2). The date shall be as early as the
228
Secretary determines it is practicable for the 
States to comply with such date with reasonable 
efforts. 
‘‘(2) MINIMUM
STANDARDS.—Within 1 year 
after the date of enactment of this section, the Sec-
retary shall by regulation establish minimum stand-
ards for driver’s licenses or personal identification 
cards issued by a State for use by Federal agencies 
for identification purposes that shall include— 
‘‘(A) standards for documentation required 
as proof of identity of an applicant for a driv-
er’s license or identification card; 
‘‘(B) standards for third-party verification 
of the authenticity of documents used to obtain 
a driver’s license or identification card; 
‘‘(C) standards for the processing of appli-
cations for driver’s licenses and identification 
cards to prevent fraud; 
‘‘(D) security standards to ensure that 
driver’s licenses and identification cards are—
‘‘(i) resistant to tampering, alteration, 
or counterfeiting; and 
‘‘(ii) capable of accommodating a dig-
ital photograph or other unique identifier; 
and
229
‘‘(E) a requirement that a State confiscate 
a driver’s license or identification card if any 
component or security feature of the license or 
identification card is compromised. 
‘‘(3) CONTENT OF REGULATIONS.—The regula-
tions required by paragraph (2)—
‘‘(A) shall facilitate communication be-
tween the chief driver licensing official of a 
State and an appropriate official of a Federal 
agency to verify the authenticity of documents 
issued by such Federal agency and presented to 
prove the identity of an individual; 
‘‘(B) may not directly or indirectly infringe 
on a State’s power to set eligibility criteria for 
obtaining a driver’s license or identification 
card from that State; and 
‘‘(C) may not require a State to comply 
with any such regulation that conflicts with or 
otherwise interferes with the full enforcement of 
such eligibility criteria by the State. 
‘‘(4) CONSULTATION WITH GOVERNMENT AGEN-
CIES.—In promulgating the standards required by 
paragraph (2), the Secretary shall consult with the 
Department of Transportation, the chief driver li-
censing official of each State, any other State orga-
230
nization that issues personal identification cards, 
and any organization, determined appropriate by the 
Secretary, that represents the interests of the 
States. 
‘‘(c) GRANTS TO STATES.—
‘‘(1) 
ASSISTANCE
IN
MEETING
FEDERAL 
STANDARDS.—Beginning on the date a final regula-
tion is promulgated under subsection (b)(2), the 
Secretary shall make grants to States to assist them 
in conforming to the minimum standards for driver’s 
licenses and personal identification cards set forth in 
the regulation. 
‘‘(2) ALLOCATION OF GRANTS.—The Secretary 
shall make grants to States under this subsection 
based on the proportion that the estimated average 
annual number of driver’s licenses and personal 
identification cards issued by a State applying for a 
grant bears to the average annual number of such 
documents issued by all States. 
‘‘(d) 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 section.
231
‘‘SEC. 890C. SOCIAL SECURITY CARDS. 
‘‘(a) SECURITY
ENHANCEMENTS.—The Commis-
sioner of Social Security shall— 
‘‘(1) within 180 days after the date of enact-
ment of this section, issue regulations to restrict the 
issuance of multiple replacement social security 
cards to any individual to minimize fraud; 
‘‘(2) within 1 year after the date of enactment 
of this section, require independent verification of all 
records provided by an applicant for an original so-
cial security card, other than for purposes of enu-
meration at birth; and 
‘‘(3) within 18 months after the date of enact-
ment of this section, add death, fraud, and work au-
thorization indicators to the social security number 
verification system. 
‘‘(b) INTERAGENCY SECURITY TASK FORCE.—The 
Secretary and the Commissioner of Social Security shall 
form an interagency task force for the purpose of further 
improving the security of social security cards and num-
bers. Within 1 year after the date of enactment of this 
section, the task force shall establish security require-
ments, including— 
‘‘(1) standards for safeguarding social security 
cards from counterfeiting, tampering, alteration, and 
theft;
232
‘‘(2) requirements for verifying documents sub-
mitted for the issuance of replacement cards; and 
‘‘(3) actions to increase enforcement against the 
fraudulent use or issuance of social security numbers 
and cards. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commissioner of 
Social Security for each of the fiscal years 2005 through 
2009, such sums as may be necessary to carry out this 
section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 656 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (5 
U.S.C. 301 note) is repealed. 
(2) Section 1(b) of the Homeland Security Act 
of 2002 (Public Law 107–296; 116 Stat. 2135) is 
amended by inserting after the item relating to sec-
tion 890 the following:
‘‘Sec. 890A. Minimum standards for birth certificates. 
‘‘Sec. 890B. Driver’s licenses and personal identification cards. 
‘‘Sec. 890C. Social security cards.’’.
TITLE VII—TRANSPORTATION 
SECURITY 
SEC. 701. DEFINITIONS. 
In this title, the terms ‘‘air carrier’’, ‘‘air transpor-
tation’’, ‘‘aircraft’’, ‘‘airport’’, ‘‘cargo’’, ‘‘foreign air car-
rier’’, and ‘‘intrastate air transportation’’ have the mean-
233
ings given such terms in section 40102 of title 49, United 
States Code. 
SEC. 702. NATIONAL STRATEGY FOR TRANSPORTATION SE-
CURITY. 
(a) REQUIREMENT FOR STRATEGY.—
(1) RESPONSIBILITIES
OF
SECRETARY
OF 
HOMELAND SECURITY.—The Secretary of Homeland 
Security shall—
(A) develop and implement a National 
Strategy for Transportation Security; and 
(B) revise such strategy whenever nec-
essary to improve or to maintain the currency 
of the strategy or whenever the Secretary other-
wise considers it appropriate to do so. 
(2) 
CONSULTATION
WITH
SECRETARY
OF 
TRANSPORTATION.—The Secretary of Homeland Se-
curity shall consult with the Secretary of Transpor-
tation in developing and revising the National Strat-
egy for Transportation Security under this section. 
(b) CONTENT.—The National Strategy for Transpor-
tation Security shall include the following matters: 
(1) An identification and evaluation of the 
transportation assets within the United States that, 
in the interests of national security, must be pro-
tected from attack or disruption by terrorist or other