1976 
such recommendations for administrative 
or legislative changes as the agencies de-
termine to be appropriate. 
Subchapter C—Unlawful Internet Gambling 
Funding Prohibition 
SEC. 2131. SHORT TITLE. 
This subchapter may be cited as the ‘‘Un-
lawful Internet Gambling Funding Prohibi-
tion Act’’. 
SEC. 2132. FINDINGS. 
The Congress finds as follows: 
(1) Internet gambling is primarily 
funded through personal use of bank in-
struments, including credit cards and 
wire transfers. 
(2) The National Gambling Impact 
Study Commission in 1999 recommended 
the passage of legislation to prohibit wire 
transfers to Internet gambling sites or the 
banks which represent them. 
(3) Internet gambling is a major cause 
of debt collection problems for insured de-
pository institutions and the consumer 
credit industry.
1977 
(4) 
Internet 
gambling 
conducted 
through offshore jurisdictions has been 
identified by United States law enforce-
ment officials as a significant money 
laundering vulnerability. 
SEC. 2133. POLICIES AND PROCEDURES REQUIRED TO PRE-
VENT PAYMENTS FOR UNLAWFUL INTERNET 
GAMBLING. 
(a) REGULATIONS.—Before the end of the 6- 
month period beginning on the date of the en-
actment of this subchapter, the Federal func-
tional regulators shall prescribe regulations 
requiring any designated payment system to 
establish policies and procedures reasonably 
designed to identify and prevent restricted 
transactions in any of the following ways: 
(1) The establishment of policies and 
procedures that— 
(A) allow the payment system and 
any person involved in the payment 
system to identify restricted trans-
actions by means of codes in author-
ization messages or by other means; 
and
1978 
(B) block restricted transactions 
identified as a result of the policies 
and procedures developed pursuant to 
subparagraph (A). 
(2) The establishment of policies and 
procedures that prevent the acceptance of 
the products or services of the payment 
system in connection with a restricted 
transaction. 
(b) REQUIREMENTS FOR POLICIES AND PRO-
CEDURES.—In prescribing regulations pursu-
ant to subsection (a), the Federal functional 
regulators shall— 
(1) identify types of policies and proce-
dures, including nonexclusive examples, 
which would be deemed to be ‘‘reasonably 
designed to identify’’ and ‘‘reasonably de-
signed to block’’ or to ‘‘prevent the accept-
ance of the products or services’’ with re-
spect to each type of transaction, such as, 
should credit card transactions be so des-
ignated, identifying transactions by a 
code or codes in the authorization mes-
sage and denying authorization of a cred-
1979 
it card transaction in response to an au-
thorization message; 
(2) to the extent practical, permit any 
participant in a payment system to choose 
among alternative means of identifying 
and blocking, or otherwise preventing the 
acceptance of the products or services of 
the payment system or participant in con-
nection with, restricted transactions; and 
(3) 
consider 
exempting 
restricted 
transactions from any requirement under 
subsection (a) if the Federal functional 
regulators find that it is not reasonably 
practical to identify and block, or other-
wise prevent, such transactions. 
(c) COMPLIANCE
WITH
PAYMENT
SYSTEM 
POLICIES AND PROCEDURES.—A creditor, credit 
card issuer, financial institution, operator of 
a terminal at which an electronic fund trans-
fer may be initiated, money transmitting busi-
ness, or international, national, regional, or 
local network utilized to effect a credit trans-
action, electronic fund transfer, or money 
transmitting service, or a participant in such
1980 
network, meets the requirement of subsection 
(a) if— 
(1) such person relies on and complies 
with the policies and procedures of a des-
ignated payment system of which it is a 
member or participant to— 
(A) identify and block restricted 
transactions; or 
(B) otherwise prevent the accept-
ance of the products or services of the 
payment system, member, or partici-
pant in connection with restricted 
transactions; and 
(2) such policies and procedures of the 
designated payment system comply with 
the 
requirements 
of 
regulations 
pre-
scribed under subsection (a). 
(d) ENFORCEMENT.— 
(1) IN GENERAL.—This section shall be 
enforced by the Federal functional regu-
lators and the Federal Trade Commission 
under applicable law in the manner pro-
vided in section 505(a) of the Gramm- 
Leach-Bliley Act.
1981 
(2) FACTORS
TO
BE
CONSIDERED.—In 
considering any enforcement action under 
this subsection against any payment sys-
tem, or any participant in a payment sys-
tem that is a creditor, credit card issuer, 
financial institution, operator of a ter-
minal at which an electronic fund trans-
fer may be initiated, money transmitting 
business, or international, national, re-
gional, or local network utilized to effect 
a 
credit 
transaction, 
electronic 
fund 
transfer, or money transmitting service, or 
a participant in such network, the Fed-
eral functional regulators and the Fed-
eral Trade Commission shall consider the 
following factors: 
(A) The extent to which such per-
son is extending credit or transmit-
ting funds knowing the transaction is 
in connection with unlawful Internet 
gambling. 
(B) The history of such person in 
extending 
credit 
or 
transmitting 
funds knowing the transaction is in
1982 
connection with unlawful Internet 
gambling. 
(C) The extent to which such per-
son has established and is maintain-
ing policies and procedures in compli-
ance 
with 
regulations 
prescribed 
under this subsection. 
(D) The feasibility that any spe-
cific remedy prescribed can be imple-
mented by such person without sub-
stantial deviation from normal busi-
ness practice. 
(E) The costs and burdens the spe-
cific remedy will have on such person. 
SEC. 2134. DEFINITIONS. 
For purposes of this subchapter, the fol-
lowing definitions shall apply: 
(1) 
RESTRICTED
TRANSACTION.—The 
term ‘‘restricted transaction’’ means any 
transaction or transmittal to any person 
engaged in the business of betting or wa-
gering, in connection with the participa-
tion of another person in unlawful Inter-
net gambling, of—
1983 
(A) credit, or the proceeds of cred-
it, extended to or on behalf of such 
other person (including credit ex-
tended through the use of a credit 
card); 
(B) an electronic fund transfer or 
funds transmitted by or through a 
money transmitting business, or the 
proceeds of an electronic fund trans-
fer or money transmitting service, 
from or on behalf of the other person; 
(C) any check, draft, or similar in-
strument which is drawn by or on be-
half of the other person and is drawn 
on or payable at or through any fi-
nancial institution; or 
(D) the proceeds of any other form 
of financial transaction as the Fed-
eral functional regulators may pre-
scribe by regulation which involves a 
financial institution as a payor or fi-
nancial intermediary on behalf of or 
for the benefit of the other person. 
(2) BETS OR WAGERS.—The term ‘‘bets 
or wagers’’—
1984 
(A) means the staking or risking 
by any person of something of value 
upon the outcome of a contest of oth-
ers, a sporting event, or a game sub-
ject to chance, upon an agreement or 
understanding that the person or an-
other person will receive something of 
greater value than the amount staked 
or risked in the event of a certain out-
come; 
(B) includes the purchase of a 
chance or opportunity to win a lottery 
or other prize (which opportunity to 
win 
is 
predominantly 
subject 
to 
chance); 
(C) includes any scheme of a type 
described in section 3702 of title 28, 
United States Code; 
(D) includes any instructions or 
information pertaining to the estab-
lishment or movement of funds in an 
account by the bettor or customer with 
the business of betting or wagering; 
and 
(E) does not include—
1985 
(i) any activity governed by the 
securities laws (as that term is de-
fined in section 3(a)(47) of the Se-
curities Exchange Act of 1934) for 
the purchase or sale of securities 
(as that term is defined in section 
3(a)(10) of such Act); 
(ii) any transaction conducted 
on or subject to the rules of a reg-
istered entity or exempt board of 
trade pursuant to the Commodity 
Exchange Act; 
(iii) any over-the-counter de-
rivative instrument; 
(iv) 
any 
other 
transaction 
that— 
(I) is excluded or exempt 
from 
regulation 
under 
the 
Commodity Exchange Act; or 
(II) is exempt from State 
gaming or bucket shop laws 
under section 12(e) of the Com-
modity Exchange Act or sec-
tion 28(a) of the Securities Ex-
change Act of 1934;
1986 
(v) any contract of indemnity 
or guarantee; 
(vi) any contract for insur-
ance; 
(vii) 
any 
deposit 
or 
other 
transaction with a depository in-
stitution (as defined in section 
3(c) of the Federal Deposit Insur-
ance Act); 
(viii) any participation in a 
simulation sports game or an edu-
cational game or contest that— 
(I) is not dependent solely 
on the outcome of any single 
sporting event or nonpartici-
pant’s 
singular 
individual 
performance 
in 
any 
single 
sporting event; 
(II) has an outcome that 
reflects the relative knowledge 
and skill of the participants 
with such outcome determined 
predominantly 
by 
accumu-
lated 
statistical 
results 
of 
sporting events; and
1987 
(III) 
offers 
a 
prize 
or 
award to a participant that is 
established in advance of the 
game or contest and is not de-
termined by the number of 
participants or the amount of 
any fees paid by those partici-
pants; and 
(ix) any lawful transaction 
with a business licensed or au-
thorized by a State, and for pur-
poses of this clause, the term ‘‘law-
ful transaction’’ means any trans-
action that is lawful under all ap-
plicable Federal laws and all ap-
plicable State laws of both the 
State in which the licensed or au-
thorized business is located and 
the State where the bet is initi-
ated. 
(3) DESIGNATED
PAYMENT
SYSTEM
DE-
FINED.—The term ‘‘designated payment 
system’’ means any system utilized by any 
creditor, credit card issuer, financial in-
stitution, operator of a terminal at which
1988 
an electronic fund transfer may be initi-
ated, money transmitting business, or 
international, national, regional, or local 
network utilized to effect a credit trans-
action, electronic fund transfer, or money 
transmitting service, or any participant 
in such network, that the Federal func-
tional regulators determine, by regulation 
or order, could be utilized in connection 
with, or to facilitate, any restricted trans-
action. 
(4) FEDERAL FUNCTIONAL REGULATOR.— 
The term ‘‘Federal functional regulator’’ 
has the same meaning as in section 509(2) 
of the Gramm-Leach-Bliley Act. 
(5) INTERNET.—The term ‘‘Internet’’ 
means the international computer net-
work of interoperable packet switched 
data networks. 
(6) UNLAWFUL
INTERNET
GAMBLING.— 
The term ‘‘unlawful Internet gambling’’ 
means to place, receive, or otherwise 
transmit a bet or wager by any means 
which involves the use, at least in part, of 
the Internet where such bet or wager is
1989 
unlawful under any applicable Federal or 
State law in the State in which the bet or 
wager is initiated, received, or otherwise 
made. 
(7) OTHER TERMS.— 
(A) CREDIT; CREDITOR; AND CREDIT 
CARD.—The terms ‘‘credit’’, ‘‘creditor’’, 
and ‘‘credit card’’ have the meanings 
given such terms in section 103 of the 
Truth in Lending Act. 
(B) ELECTRONIC FUND TRANSFER.— 
The term ‘‘electronic fund transfer’’— 
(i) has the meaning given such 
term in section 903 of the Elec-
tronic Fund Transfer Act; and 
(ii) includes any fund transfer 
covered by Article 4A of the Uni-
form Commercial Code, as in ef-
fect in any State. 
(C) FINANCIAL
INSTITUTION.—The 
term ‘‘financial institution’’— 
(i) has the meaning given such 
term in section 903 of the Elec-
tronic Fund Transfer Act; and
1990 
(ii) includes any financial in-
stitution, as defined in section 
509(3) of the Gramm-Leach-Bliley 
Act. 
(D) MONEY TRANSMITTING BUSINESS 
AND
MONEY
TRANSMITTING
SERVICE.— 
The terms ‘‘money transmitting busi-
ness’’ and ‘‘money transmitting serv-
ice’’ have the meanings given such 
terms in section 5330(d) of title 31, 
United States Code. 
SEC. 2135. COMMON SENSE RULE OF CONSTRUCTION. 
No provision of this subchapter shall be 
construed as altering, limiting, extending, 
changing the status of, or otherwise affecting 
any law relating to, affecting, or regulating 
gambling within the United States. 
Subtitle F—Criminal History 
Background Checks 
SEC. 2141. SHORT TITLE. 
This subtitle may be cited as the ‘‘Criminal 
History Access Means Protection of Infrastruc-
tures and Our Nation’’.
1991 
SEC. 2142. CRIMINAL HISTORY INFORMATION CHECKS. 
(a) IN GENERAL.—Section 534 of title 28, 
United States Code, is amended by adding at 
the end the following: 
‘‘(f)(1) Under rules prescribed by the Attor-
ney General, the Attorney General shall estab-
lish and maintain a system for providing to an 
employer criminal history information that— 
‘‘(A) is in the possession of the Attor-
ney General; and 
‘‘(B) is requested by an employer as 
part of an employee criminal history in-
vestigation that has been authorized by 
the State where the employee works or 
where the employer has their principal 
place of business; 
in order to ensure that a prospective employee 
is suitable for certain employment positions. 
‘‘(2) The Attorney General shall require 
that an employer seeking criminal history in-
formation of an employee request such infor-
mation and submit fingerprints or other bio-
metric identifiers as approved by the Attorney 
General to provide a positive and reliable 
identification of such prospective employee.
1992 
‘‘(3) The Director of the Federal Bureau of 
Investigation may require an employer to pay 
a reasonable fee for such information. 
‘‘(4) Upon receipt of fingerprints or other 
biometric identifiers, the Attorney General 
shall conduct an Integrated Fingerprint Iden-
tification System of the Federal Bureau of In-
vestigation (IAFIS) check and provide the re-
sults of such check to the requester. 
‘‘(5) As used in this subsection, 
‘‘(A) the term ‘criminal history infor-
mation’ and ‘criminal history records’ in-
cludes— 
‘‘(i) an identifying description of 
the individual to whom it pertains; 
‘‘(ii) notations of arrests, deten-
tions, indictments, or other formal 
criminal charges pertaining to such 
individual; and 
‘‘(iii) any disposition to a notation 
revealed in subparagraph (B), includ-
ing acquittal, sentencing, correctional 
supervision, or release. 
‘‘(B) the term ‘Integrated Automated 
Fingerprint Identification System of the
1993 
Federal Bureau of Investigation (IAFIS)’ 
means the national depository for finger-
print, biometric, and criminal history in-
formation, through which fingerprints are 
processed electronically. 
‘‘(6) Nothing in this subsection shall pre-
clude the Attorney General from authorizing 
or requiring criminal history record checks on 
individuals employed or seeking employment 
in positions vital to the Nation’s critical infra-
structure or key resources as those terms are 
defined in section 1016(e) of Public Law 107– 
56 (42 U.S.C. 5195c(e)) and section 2(9) of the 
Homeland Security Act of 2002 (6 U.S.C. 
101(9)).’’. 
(b) REPORT TO CONGRESS.— 
(1) IN
GENERAL.—Not later than 120 
days after the date of the enactment of 
this Act, the Attorney General shall report 
to the appropriate committees of Congress 
regarding all statutory requirements for 
criminal history record checks that are 
required to be conducted by the Depart-
ment of Justice or any of its components.
1994 
(2) IDENTIFICATION OF INFORMATION.— 
The Attorney General shall identify the 
number of records requested, including 
the type of information requested, usage 
of different terms and definitions regard-
ing criminal history information, and the 
variation in fees charged for such infor-
mation and who pays such fees. 
(3) RECOMMENDATIONS.—The Attorney 
General shall make recommendations for 
consolidating the existing procedures into 
a unified procedure consistent with that 
provided in section 534(f) of title 28, 
United States Code, as amended by this 
subtitle. 
Subtitle G—Protection of United 
States Aviation System From 
Terrorist Attacks 
SEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR 
OTHER TECHNOLOGY. 
(a) USE OF BIOMETRIC TECHNOLOGY.—Sec-
tion 44903(h) of title 49, United States Code, is 
amended— 
(1) in paragraph (4)(E) by striking 
‘‘may provide for’’ and inserting ‘‘shall
1995 
issue, not later than 120 days after the 
date of enactment of paragraph (5), guid-
ance for’’; and 
(2) by adding at the end the following: 
‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN 
AIRPORT
ACCESS
CONTROL
SYSTEMS.—In 
issuing guidance under paragraph (4)(E), 
the Assistant Secretary of Homeland Secu-
rity (Transportation Security Administra-
tion), in consultation with representatives 
of the aviation industry, the biometrics in-
dustry, and the National Institute of 
Standards and Technology, shall estab-
lish, at a minimum— 
‘‘(A) comprehensive technical and 
operational system requirements and 
performance standards for the use of 
biometrics in airport access control 
systems (including airport perimeter 
access control systems) to ensure that 
the biometric systems are effective, re-
liable, and secure; 
‘‘(B) a list of products and vendors 
that meet such requirements and 
standards;
1996 
‘‘(C) procedures for implementing 
biometric systems— 
‘‘(i) to ensure that individuals 
do not use an assumed identity to 
enroll in a biometric system; and 
‘‘(ii) to resolve failures to en-
roll, false matches, and false non- 
matches; and 
‘‘(D) 
best 
practices 
for 
incor-
porating biometric technology into 
airport access control systems in the 
most effective manner, including a 
process to best utilize existing airport 
access control systems, facilities, and 
equipment and existing data networks 
connecting airports. 
‘‘(6) USE
OF
BIOMETRIC
TECHNOLOGY 
FOR LAW ENFORCEMENT OFFICER TRAVEL.— 
‘‘(A) IN GENERAL.—Not later than 
120 days after the date of enactment 
of this paragraph, the Assistant Sec-
retary shall— 
‘‘(i) establish a law enforce-
ment officer travel credential that 
incorporates biometrics and is
1997 
uniform across all Federal, State, 
and local government law enforce-
ment agencies; 
‘‘(ii) establish a process by 
which the travel credential will be 
used to verify the identity of a Fed-
eral, State, or local government 
law enforcement officer seeking to 
carry a weapon on board an air-
craft, without unnecessarily dis-
closing to the public that the indi-
vidual is a law enforcement offi-
cer; 
‘‘(iii) establish procedures— 
‘‘(I) to ensure that only 
Federal, State, and local gov-
ernment law enforcement offi-
cers are issued the travel cre-
dential; 
‘‘(II) to resolve failures to 
enroll, 
false 
matches, 
and 
false non-matches relating to 
use of the travel credential; 
and
1998 
‘‘(III) to invalidate any 
travel credential that is lost, 
stolen, or no longer authorized 
for use; 
‘‘(iv) begin issuance of the 
travel credential to each Federal, 
State, and local government law 
enforcement officer authorized by 
the Assistant Secretary to carry a 
weapon on board an aircraft; and 
‘‘(v) take such other actions 
with respect to the travel creden-
tial as the Secretary considers ap-
propriate. 
‘‘(B) FUNDING.—There are author-
ized to be appropriated such sums as 
may be necessary to carry out this 
paragraph. 
‘‘(7) DEFINITIONS.—In this subsection, 
the following definitions apply: 
‘‘(A) BIOMETRIC INFORMATION.—The 
term ‘biometric information’ means 
the distinct physical or behavioral 
characteristics that are used for iden-
1999 
tification, or verification of the iden-
tity, of an individual. 
‘‘(B) BIOMETRICS.—The term ‘bio-
metrics’ means a technology that en-
ables the automated identification, or 
verification of the identity, of an indi-
vidual based on biometric informa-
tion. 
‘‘(C) 
FAILURE
TO
ENROLL.—The 
term ‘failure to enroll’ means the in-
ability of an individual to enroll in a 
biometric system due to an insuffi-
ciently distinctive biometric sample, 
the lack of a body part necessary to 
provide the biometric sample, a system 
design that makes it difficult to pro-
vide consistent biometric information, 
or other factors. 
‘‘(D) 
FALSE
MATCH.—The 
term 
‘false match’ means the incorrect 
matching of one individual’s biomet-
ric information to another individ-
ual’s biometric information by a bio-
metric system.
2000 
‘‘(E) FALSE NON-MATCH.—The term 
‘false non-match’ means the rejection 
of a valid identity by a biometric sys-
tem. 
‘‘(F) SECURE AREA OF AN AIRPORT.— 
The term ‘secure area of an airport’ 
means the sterile area and the Secure 
Identification Display Area of an air-
port (as such terms are defined in sec-
tion 1540.5 of title 49, Code of Federal 
Regulations, or any successor regula-
tion to such section).’’. 
(b) FUNDING FOR USE OF BIOMETRIC TECH-
NOLOGY
IN
AIRPORT
ACCESS
CONTROL
SYS-
TEMS.— 
(1) 
GRANT
AUTHORITY.—Section 
44923(a)(4) of title 49, United States Code, 
is amended— 
(A) by striking ‘‘and’’ at the end of 
paragraph (3); 
(B) by redesignating paragraph 
(4) as paragraph (5); and 
(C) by inserting after paragraph 
(3) the following:
2001 
‘‘(4) for projects to implement biomet-
ric technologies in accordance with guid-
ance issued under section 44903(h)(4)(E); 
and’’. 
(2) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—Section 44923(i)(1) of such title is 
amended by striking ‘‘$250,000,000 for 
each of fiscal years 2004 through 2007’’ 
and inserting ‘‘$250,000,000 for fiscal year 
2004, $345,000,000 for fiscal year 2005, 
and $250,000,000 for each of fiscal years 
2006 and 2007’’. 
SEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLAN-
NING. 
Section 44904 of title 49, United States 
Code, is amended— 
(1) by redesignating subsection (c) as 
subsection (e); and 
(2) by inserting after subsection (b) 
the following: 
‘‘(c) TRANSPORTATION SECURITY STRATEGIC 
PLANNING.— 
‘‘(1) IN
GENERAL.—The Secretary of 
Homeland Security shall prepare and up-
date, as needed, a transportation sector
2002 
specific plan and transportation modal 
security plans in accordance with this 
section. 
‘‘(2) CONTENTS.—At a minimum, the 
modal security plan for aviation prepared 
under paragraph (1) shall— 
‘‘(A) set risk-based priorities for 
defending aviation assets; 
‘‘(B) select the most practical and 
cost-effective methods for defending 
aviation assets; 
‘‘(C) assign roles and missions to 
Federal, State, regional, and local au-
thorities and to stakeholders; 
‘‘(D) establish a damage mitiga-
tion and recovery plan for the avia-
tion system in the event of a terrorist 
attack; and 
‘‘(E) include a threat matrix docu-
ment that outlines each threat to the 
United States civil aviation system 
and the corresponding layers of secu-
rity in place to address such threat. 
‘‘(3) REPORTS.—Not later than 180 
days after the date of enactment of the
2003 
subsection and annually thereafter, the 
Secretary shall submit to the Committee 
on Transportation and Infrastructure of 
the House of Representatives and the 
Committee on Commerce, Science, and 
Transportation of the Senate a report con-
taining the plans prepared under para-
graph (1), including any updates to the 
plans. The report may be submitted in a 
classified format. 
‘‘(d) OPERATIONAL
CRITERIA.—Not later 
than 90 days after the date of submission of 
the report under subsection (c)(3), the Assist-
ant Secretary of Homeland Security (Trans-
portation Security Administration) shall issue 
operational criteria to protect airport infra-
structure and operations against the threats 
identified in the plans prepared under sub-
section (c)(1) and shall approve best practices 
guidelines for airport assets.’’. 
SEC. 
2173. 
NEXT 
GENERATION 
AIRLINE 
PASSENGER 
PRESCREENING. 
(a) IN
GENERAL.—Section 44903(j)(2) of 
title 49, United States Code, is amended by 
adding at the end the following:
2004 
‘‘(C) NEXT GENERATION AIRLINE PAS-
SENGER PRESCREENING.— 
‘‘(i) COMMENCEMENT
OF
TEST-
ING.—Not later than November 1, 
2004, the Assistant Secretary of 
Homeland 
Security 
(Transpor-
tation Security Administration), 
or the designee of the Assistant 
Secretary, shall commence testing 
of a next generation passenger 
prescreening 
system 
that 
will 
allow the Department of Home-
land Security to assume the per-
formance of comparing passenger 
name records to the automatic se-
lectee and no fly lists, utilizing all 
appropriate records in the consoli-
dated 
and 
integrated 
terrorist 
watchlist maintained by the Fed-
eral Government. 
‘‘(ii) 
ASSUMPTION
OF
FUNC-
TION.—Not later than 180 days 
after completion of testing under 
clause (i), the Assistant Secretary, 
or the designee of the Assistant
2005 
Secretary, shall assume the per-
formance 
of 
the 
passenger 
prescreening 
function 
of 
com-
paring passenger name records to 
the automatic selectee and no fly 
lists and utilize all appropriate 
records in the consolidated and 
integrated 
terrorist 
watchlist 
maintained by the Federal Gov-
ernment in performing that func-
tion. 
‘‘(iii) REQUIREMENTS.—In as-
suming performance of the func-
tion under clause (i), the Assistant 
Secretary shall— 
‘‘(I) establish a procedure 
to enable airline passengers, 
who are delayed or prohibited 
from boarding a flight be-
cause the next generation pas-
senger prescreening system de-
termined that they might pose 
a security threat, to appeal 
such determination and cor-
2006 
rect information contained in 
the system; 
‘‘(II) ensure that Federal 
Government 
databases 
that 
will be used to establish the 
identity of a passenger under 
the system will not produce a 
large 
number 
of 
false 
positives; 
‘‘(III) establish an internal 
oversight board to oversee and 
monitor the manner in which 
the system is being imple-
mented; 
‘‘(IV) establish sufficient 
operational safeguards to re-
duce 
the 
opportunities 
for 
abuse; 
‘‘(V) implement substan-
tial security measures to pro-
tect the system from unauthor-
ized access; 
‘‘(VI) adopt policies estab-
lishing effective oversight of
2007 
the use and operation of the 
system; and 
‘‘(VII) ensure that there 
are no specific privacy con-
cerns with the technological 
architecture of the system. 
‘‘(iv) 
PASSENGER
NAME 
RECORDS.—Not later than 60 days 
after the completion of the testing 
of the next generation passenger 
prescreening system, the Assistant 
Secretary shall require air car-
riers to supply to the Assistant 
Secretary 
the 
passenger 
name 
records needed to begin imple-
menting the next generation pas-
senger prescreening system. 
‘‘(D) 
SCREENING
OF
EMPLOYEES 
AGAINST
WATCHLIST.—The 
Assistant 
Secretary 
of 
Homeland 
Security 
(Transportation Security Administra-
tion), in coordination with the Sec-
retary of Transportation and the Ad-
ministrator of the Federal Aviation 
Administration, shall ensure that in-
2008 
dividuals are screened against all ap-
propriate records in the consolidated 
and 
integrated 
terrorist 
watchlist 
maintained by the Federal Govern-
ment before— 
‘‘(i) being certificated by the 
Federal Aviation Administration; 
‘‘(ii) being issued a credential 
for access to the secure area of an 
airport; or 
‘‘(iii) being issued a credential 
for access to the air operations 
area (as defined in section 1540.5 
of title 49, Code of Federal Regula-
tions, or any successor regulation 
to such section) of an airport. 
‘‘(E) APPEAL PROCEDURES.—The As-
sistant Secretary shall establish a 
timely and fair process for individuals 
identified as a threat under subpara-
graph (D) to appeal the determination 
and correct any erroneous informa-
tion. 
‘‘(F) DEFINITION.—In this para-
graph, the term ‘secure area of an air-
2009 
port’ means the sterile area and the 
Secure Identification Display Area of 
an airport (as such terms are defined 
in section 1540.5 of title 49, Code of 
Federal Regulations, or any successor 
regulation to such section).’’. 
(b) GAO REPORT.— 
(1) IN
GENERAL.—Not later than 90 
days after the date on which the Assistant 
Secretary of Homeland Security (Trans-
portation Security Administration) as-
sumes 
performance 
of 
the 
passenger 
prescreening 
function 
under 
section 
44903(j)(2)(C)(ii) of title 49, United States 
Code, the Comptroller General shall sub-
mit to the appropriate congressional com-
mittees a report on the assumption of 
such function. The report may be sub-
mitted in a classified format. 
(2) 
CONTENTS.—The 
report 
under 
paragraph (1) shall address— 
(A) whether a system exists in the 
next 
generation 
passenger 
prescreening system whereby aviation 
passengers, 
determined 
to 
pose 
a
2010 
threat and either delayed or prohib-
ited from boarding their scheduled 
flights by the Transportation Security 
Administration, may appeal such a 
decision and correct erroneous infor-
mation; 
(B) the sufficiency of identifying 
information contained in passenger 
name records and any government 
databases for ensuring that a large 
number of false positives will not re-
sult under the next generation pas-
senger prescreening system in a sig-
nificant number of passengers being 
treated as a threat mistakenly or in 
security resources being diverted; 
(C) whether the Transportation 
Security Administration stress tested 
the 
next 
generation 
passenger 
prescreening system; 
(D) whether an internal oversight 
board has been established in the De-
partment of Homeland Security to 
monitor the next generation passenger 
prescreening system;
2011 
(E) whether sufficient operational 
safeguards have been established to 
prevent the opportunities for abuse of 
the system; 
(F) whether substantial security 
measures are in place to protect the 
passenger prescreening database from 
unauthorized access; 
(G) whether policies have been 
adopted for the effective oversight of 
the use and operation of the system; 
(H) whether specific privacy con-
cerns still exist with the system; and 
(I) whether appropriate life cycle 
cost estimates have been developed, 
and a benefit and cost analysis has 
been performed, for the system. 
SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETEC-
TION EQUIPMENT AT AIRPORT SCREENING 
CHECKPOINTS. 
(a) NONMETALLIC
WEAPONS
AND
EXPLO-
SIVES.—In order to improve security, the Assist-
ant Secretary of Homeland Security (Trans-
portation Security Administration) shall give 
priority to developing, testing, improving, and
2012 
deploying technology at screening checkpoints 
at airports that will detect nonmetallic weap-
ons and explosives on the person of individ-
uals, in their clothing, or in their carry-on 
baggage or personal property and shall ensure 
that the equipment alone, or as part of an inte-
grated system, can detect under realistic oper-
ating conditions the types of nonmetallic 
weapons and explosives that terrorists would 
likely try to smuggle aboard an air carrier air-
craft. 
(b) STRATEGIC PLAN FOR DEPLOYMENT AND 
USE
OF EXPLOSIVE DETECTION EQUIPMENT
AT 
AIRPORT SCREENING CHECKPOINTS.— 
(1) IN
GENERAL.—Not later than 90 
days after the date of enactment of this 
Act, the Assistant Secretary shall transmit 
to the appropriate congressional commit-
tees a strategic plan to promote the opti-
mal utilization and deployment of explo-
sive detection systems at airports to screen 
individuals and their carry-on baggage or 
personal 
property, 
including 
walk- 
through explosive detection portals, docu-
ment scanners, shoe scanners, and any
2013 
other explosive detection equipment for 
use at a screening checkpoint. The plan 
may be transmitted in a classified format. 
(2) 
CONTENTS.—The 
strategic 
plan 
shall include descriptions of the oper-
ational applications of explosive detection 
equipment at airport screening check-
points, a deployment schedule and quan-
tities of equipment needed to implement 
the plan, and funding needs for imple-
mentation of the plan, including a financ-
ing plan that provides for leveraging non- 
Federal funding. 
SEC. 2175. PILOT PROGRAM TO EVALUATE USE OF BLAST- 
RESISTANT 
CARGO 
AND 
BAGGAGE 
CON-
TAINERS. 
(a) IN GENERAL.—Beginning not later than 
180 days after the date of enactment of this 
Act, the Assistant Secretary of Homeland Secu-
rity (Transportation Security Administration) 
shall carry out a pilot program to evaluate the 
use of blast-resistant containers for cargo and 
baggage on passenger aircraft to minimize the 
potential effects of detonation of an explosive 
device.
2014 
(b) INCENTIVES FOR PARTICIPATION IN PILOT 
PROGRAM.— 
(1) IN GENERAL.—As part of the pilot 
program, the Assistant Secretary shall 
provide incentives to air carriers to volun-
teer to test the use of blast-resistant con-
tainers for cargo and baggage on pas-
senger aircraft. 
(2) 
APPLICATIONS.—To 
volunteer 
to 
participate in the incentive program, an 
air carrier shall submit to the Assistant 
Secretary an application that is in such 
form and contains such information as 
the Assistant Secretary requires. 
(3) TYPES
OF
ASSISTANCE.—Assistance 
provided by the Assistant Secretary to air 
carriers that volunteer to participate in 
the pilot program shall include the use of 
blast-resistant containers and financial 
assistance to cover increased costs to the 
carriers associated with the use and 
maintenance of the containers, including 
increased fuel costs. 
(c) REPORT.—Not later than one year after 
the date of enactment of this Act, the Assistant
2015 
Secretary shall submit to appropriate congres-
sional committees a report on the results of the 
pilot program. 
(d) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to 
carry out this section $2,000,000. Such sums 
shall remain available until expended. 
SEC. 2176. AIR CARGO SCREENING TECHNOLOGY. 
The Transportation Security Administra-
tion shall develop technology to better identify, 
track, and screen air cargo. 
SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE 
DETECTION. 
Section 44940 of title 49, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(i) 
CHECKPOINT
SCREENING
SECURITY 
FUND.— 
‘‘(1) ESTABLISHMENT.—There is estab-
lished in the Department of Homeland Se-
curity a fund to be known as the ‘Check-
point Screening Security Fund’. 
‘‘(2) DEPOSITS.—In each of fiscal years 
2005 and 2006, after amounts are made 
available under section 44923(h), the next
2016 
$30,000,000 derived from fees received 
under subsection (a)(1) shall be available 
to be deposited in the Fund. 
‘‘(3) FEES.—The Secretary of Home-
land Security shall impose the fee author-
ized by subsection (a)(1) so as to collect at 
least $30,000,000 in each of fiscal years 
2005 and 2006 for deposit into the Fund. 
‘‘(4) 
AVAILABILITY
OF
AMOUNTS.— 
Amounts in the Fund shall be available 
for the purchase, deployment, and instal-
lation of equipment to improve the ability 
of security screening personnel at screen-
ing checkpoints to detect explosives.’’. 
SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT. 
(a) PILOT PROGRAM.—The Transportation 
Security Administration shall develop, not 
later than 120 days after the date of enactment 
of this Act, and conduct a pilot program to 
test, integrate, and deploy next generation se-
curity checkpoint screening technology at not 
less than 5 airports in the United States. 
(b) HUMAN FACTOR STUDIES.— The Admin-
istration shall conduct human factors studies
2017 
to improve screener performance as part of the 
pilot program under subsection (a). 
SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT 
DOOR. 
(a) CIVIL PENALTY.—Section 46301(a) of 
title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(6) PENALTY FOR FAILURE TO SECURE 
FLIGHT DECK DOOR.—Any person holding a 
part 119 certificate under part of title 14, 
Code of Federal Regulations, is liable to 
the Government for a civil penalty of not 
more than $25,000 for each violation, by 
the pilot in command of an aircraft 
owned or operated by such person, of any 
Federal regulation that requires that the 
flight deck door be closed and locked 
when the aircraft is being operated.’’. 
(b) TECHNICAL CORRECTIONS.— 
(1) COMPROMISE AND SETOFF FOR FALSE 
INFORMATION.—Section 46302(b) of such 
title is amended by striking ‘‘Secretary of 
Transportation’’ and inserting ‘‘Secretary 
of the Department of Homeland Security
2018 
and, for a violation relating to section 
46504, the Secretary of Transportation,’’. 
(2) 
CARRYING
A
WEAPON.—Section 
46303 of such title is amended— 
(A) in subsection (b) by striking 
‘‘Secretary of Transportation’’ and in-
serting ‘‘Secretary of Homeland Secu-
rity’’; and 
(B) in subsection (c)(2) by striking 
‘‘Under Secretary of Transportation 
for Security’’ and inserting ‘‘Secretary 
of Homeland Security’’. 
(3) ADMINISTRATIVE IMPOSITION OF PEN-
ALTIES.—Section 46301(d) of such title is 
amended— 
(A) in the first sentence of para-
graph (2) by striking ‘‘46302, 46303,’’ 
and inserting ‘‘46302 (for a violation 
relating to section 46504),’’; and 
(B) in the second sentence of para-
graph (2)— 
(i) by striking ‘‘Under Sec-
retary of Transportation for Secu-
rity’’ and inserting ‘‘Secretary of 
Homeland Security’’; and
2019 
(ii) by striking ‘‘44909)’’ and 
inserting ‘‘44909), 46302 (except 
for a violation relating to section 
46504), 46303,’’; 
(C) in each of paragraphs (2), (3), 
and (4) by striking ‘‘Under Secretary 
or’’ and inserting ‘‘Secretary of Home-
land Security’’; and 
(D) in paragraph (4)(A) by moving 
clauses (i), (ii), and (iii) 2 ems to the 
left. 
SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY. 
The Director of the Federal Air Marshal 
Service of the Department of Homeland Secu-
rity shall continue to develop operational ini-
tiatives to protect the anonymity of Federal air 
marshals. 
SEC. 2181. FEDERAL LAW ENFORCEMENT IN-FLIGHT counter-
terrorism TRAINING. 
The Assistant Secretary for Immigration 
and Customs Enforcement and the Director of 
Federal Air Marshal Service of the Depart-
ment of Homeland Security, in coordination 
with the Assistant Secretary of Homeland Se-
curity (Transportation Security Administra-
2020 
tion), shall make available appropriate in- 
flight counterterrorism procedures and tactics 
training to Federal law enforcement officers 
who fly while on duty. 
SEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CAR-
RIAGE PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 90 days 
after the date of enactment of this Act, the As-
sistant 
Secretary 
of 
Homeland 
Security 
(Transportation 
Security 
Administration) 
shall implement a pilot program to allow pi-
lots participating in the Federal flight deck of-
ficer program to transport their firearms on 
their persons. The Assistant Secretary may 
prescribe any training, equipment, or proce-
dures that the Assistant Secretary determines 
necessary to ensure safety and maximize weap-
on retention. 
(b) REVIEW.—Not later than 1 year after the 
date of initiation of the pilot program, the As-
sistant Secretary shall conduct a review of the 
safety record of the pilot program and trans-
mit a report on the results of the review to the 
appropriate congressional committees.
2021 
(c) OPTION.—If the Assistant Secretary as 
part of the review under subsection (b) deter-
mines that the safety level obtained under the 
pilot program is comparable to the safety level 
determined under existing methods of pilots 
carrying firearms on aircraft, the Assistant 
Secretary shall allow all pilots participating 
in the Federal flight deck officer program the 
option of carrying their firearm on their per-
son subject to such requirements as the Assist-
ant Secretary determines appropriate. 
SEC. 2183. REGISTERED TRAVELER PROGRAM. 
The Transportation Security Administra-
tion shall expedite implementation of the reg-
istered traveler program. 
SEC. 2184. WIRELESS COMMUNICATION. 
(a) STUDY.—The Transportation Security 
Administration, in consultation with the Fed-
eral Aviation Administration, shall conduct a 
study to determine the viability of providing 
devices or methods, including wireless meth-
ods, to enable a flight crew to discreetly notify 
the pilot in the case of a security breach or 
safety issue occurring in the cabin.
2022 
(b) MATTERS TO BE CONSIDERED.—In con-
ducting the study, the Transportation Security 
Administration and the Federal Aviation Ad-
ministration shall consider technology that is 
readily available and can be quickly inte-
grated and customized for use aboard aircraft 
for flight crew communication. 
(c) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Trans-
portation Security Administration shall sub-
mit to the appropriate congressional commit-
tees a report on the results of the study. 
SEC. 2185. SECONDARY FLIGHT DECK BARRIERS. 
Not later than 6 months after the date of 
enactment of this Act, the Assistant Secretary 
of Homeland Security (Transportation Secu-
rity Administration) shall transmit to the ap-
propriate congressional committees a report 
on the costs and benefits associated with the 
use of secondary flight deck barriers and 
whether the use of such barriers should be 
mandated for all air carriers. The Assistant 
Secretary may transmit the report in a classi-
fied format.
2023 
SEC. 2186. EXTENSION. 
Section 48301(a) of title 49, United States 
Code, is amended by striking ‘‘and 2005’’ and 
inserting ‘‘2005, and 2006’’. 
SEC. 2187. PERIMETER SECURITY. 
(a) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Assistant 
Secretary of Homeland Security (Transpor-
tation Security Administration), in consulta-
tion with airport operators and law enforce-
ment authorities, shall develop and submit to 
the appropriate congressional committee a re-
port on airport perimeter security. The report 
may be submitted in a classified format. 
(b) CONTENTS.—The report shall include— 
(1) an examination of the feasibility of 
access control technologies and proce-
dures, including the use of biometrics and 
other methods of positively identifying in-
dividuals prior to entry into secure areas 
of airports, and provide best practices for 
enhanced perimeter access control tech-
niques; and 
(2) an assessment of the feasibility of 
physically screening all individuals prior 
to entry into secure areas of an airport
2024 
and additional methods for strengthening 
the background vetting process for all in-
dividuals credentialed to gain access to 
secure areas of airports. 
SEC. 2188. DEFINITIONS. 
In this title, the following definitions 
apply: 
(1) APPROPRIATE CONGRESSIONAL COM-
MITTEE.—The term ‘‘appropriate congres-
sional committees’’ means the Committee 
on Transportation and Infrastructure of 
the House of Representatives and the 
Committee on Commerce, Science, and 
Transportation of the Senate. 
(2) AIR CARRIER.—The term ‘‘air car-
rier’’ has the meaning such term has 
under section 40102 of title 49, United 
States Code. 
(3) SECURE AREA OF AN AIRPORT.—The 
term ‘‘secure area of an airport’’ means 
the sterile area and the Secure Identifica-
tion Display Area of an airport (as such 
terms are defined in section 1540.5 of title 
49, Code of Federal Regulations, or any 
successor regulation to such section).
2025 
Subtitle H—Other Matters 
SEC. 2191. GRAND JURY INFORMATION SHARING. 
(a) RULE AMENDMENTS.—Rule 6(e) of the 
Federal Rules of Criminal Procedure is 
amended— 
(1) in paragraph (3)— 
(A) in subparagraph (A)(ii), by 
striking ‘‘or state subdivision or of an 
Indian tribe’’ and inserting ‘‘, state 
subdivision, Indian tribe, or foreign 
government’’; 
(B) in subparagraph (D)— 
(i) by inserting after the first 
sentence the following: ‘‘An attor-
ney for the government may also 
disclose any grand-jury matter in-
volving a threat of actual or po-
tential attack or other grave hos-
tile acts of a foreign power or an 
agent of a foreign power, domestic 
or international sabotage, domes-
tic or international terrorism, or 
clandestine intelligence gathering 
activities by an intelligence serv-
ice or network of a foreign power
2026 
or by an agent of a foreign power, 
within the United States or else-
where, to any appropriate Fed-
eral, State, state subdivision, In-
dian tribal, or foreign government 
official for the purpose of pre-
venting or responding to such a 
threat.’’; and 
(ii) in clause (i)— 
(I) by striking ‘‘federal’’; 
and 
(II) by adding at the end 
the following: ‘‘Any State, state 
subdivision, Indian tribal, or 
foreign 
government 
official 
who 
receives 
information 
under Rule 6(e)(3)(D) may use 
the 
information 
only 
con-
sistent with such guidelines as 
the Attorney General and the 
National Intellience Director 
shall jointly issue.’’; and 
(C) in subparagraph (E)—
2027 
(i) by redesignating clauses 
(iii) and (iv) as clauses (iv) and 
(v), respectively; 
(ii) by inserting after clause 
(ii) the following: 
‘‘(iii) at the request of the gov-
ernment, when sought by a foreign 
court or prosecutor for use in an 
official criminal investigation;’’; 
and 
(iii) in clause (iv), as redesig-
nated— 
(I) by striking ‘‘state or In-
dian 
tribal’’ 
and 
inserting 
‘‘State, Indian tribal, or for-
eign’’; and 
(II) by striking ‘‘or Indian 
tribal official’’ and inserting 
‘‘Indian tribal, or foreign gov-
ernment official’’; and 
(2) in paragraph (7), by inserting ‘‘, or 
of guidelines jointly issued by the Attorney 
General and Director of Central Intel-
ligence pursuant to Rule 6,’’ after ‘‘Rule 
6’’.
2028 
(b) 
CONFORMING
AMENDMENT.—Section 
203(c) of Public Law 107–56 (18 U.S.C. 2517 
note) 
is 
amended 
by 
striking 
‘‘Rule 
6(e)(3)(C)(i)(V) and (VI)’’ and inserting ‘‘Rule 
6(e)(3)(D)’’. 
SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND IN-
TELLIGENCE DATA SYSTEM. 
(a) FINDINGS.—The Congress finds as fol-
lows: 
(1) The interoperable electronic data 
system know as the ‘‘Chimera system’’, 
and required to be developed and imple-
mented by section 202(a)(2) of the En-
hanced Border Security and Visa Entry 
Reform Act of 2002 (8 U.S.C. 1722(a)(2)), 
has not in any way been implemented. 
(2) Little progress has been made 
since the enactment of such Act with re-
gard to establishing a process to connect 
existing trusted systems operated inde-
pendently by the respective intelligence 
agencies. 
(3) It is advisable, therefore, to assign 
such responsibility to the National Intel-
ligence Director.
2029 
(4) The National Intelligence Director 
should, 
pursuant 
to 
the 
amendments 
made by subsection (c), begin systems 
planning immediately upon assuming of-
fice to deliver an interim system not later 
than 1 year after the date of the enact-
ment of this Act, and to deliver the fully 
functional Chimera system not later than 
September 11, 2007. 
(5) Both the interim system, and the 
fully functional Chimera system, should 
be designed so that intelligence officers, 
Federal law enforcement agencies (as de-
fined in section 2 of such Act (8 U.S.C. 
1701)), operational counter-terror support 
center personnel, consular officers, and 
Department of Homeland Security en-
forcement officers have access to them. 
(b) PURPOSES.—The purposes of this sec-
tion are as follows: 
(1) To provide the National Intel-
ligence Director with the necessary au-
thority and resources to establish both an 
interim data system and, subsequently, a 
fully functional Chimera system, to collect
2030 
and share intelligence and operational 
information with the intelligence commu-
nity (as defined in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 
401a(4)). 
(2) To require the National Intel-
ligence Director to establish a state-of-the- 
art Chimera system with both biometric 
identification and linguistic capabilities 
satisfying the best technology standards. 
(3) To ensure that the National Intel-
ligence Center will have a fully functional 
capability, not later than September 11, 
2007, for interoperable data and intel-
ligence exchange with the agencies of the 
intelligence community (as so defined). 
(c) AMENDMENTS.— 
(1) IN
GENERAL.—Title II of the En-
hanced Border Security and Visa Entry 
Reform Act of 2002 (8 U.S.C. 1721 et seq.) 
is amended— 
(A) in section 202(a)— 
(i) by amending paragraphs 
(1) and (2) to read as follows:
2031 
‘‘(1) INTERIM
INTEROPERABLE
INTEL-
LIGENCE
DATA
EXCHANGE
SYSTEM.—Not 
later than 1 year after assuming office, 
the National Intelligence Director shall 
establish an interim interoperable intel-
ligence data exchange system that will 
connect the data systems operated inde-
pendently by the entities in the intel-
ligence community and by the National 
counterterrorism Center, so as to permit 
automated data exchange among all of 
these entities. Immediately upon assuming 
office, the National Intelligence Director 
shall begin the plans necessary to estab-
lish such interim system. 
‘‘(2) CHIMERA SYSTEM.—Not later than 
September 11, 2007, the National Intel-
ligence Director shall establish a fully 
functional interoperable law enforcement 
and intelligence electronic data system 
within 
the 
National 
counterterrorism 
Center to provide immediate access to in-
formation in databases of Federal law en-
forcement agencies and the intelligence 
community that is necessary to identify
2032 
terrorists, and organizations and individ-
uals that support terrorism. The system 
established under this paragraph shall 
referred to as the ‘Chimera system’. ’’; 
(ii) in paragraph (3)— 
(I) by striking ‘‘President’’ 
and inserting ‘‘National Intel-
ligence Director’’; and 
(II) by striking ‘‘the data 
system’’ and inserting ‘‘the in-
terim 
system 
described 
in 
paragraph (1) and the Chi-
mera 
system 
described 
in 
paragraph (2)’’; 
(iii) in paragraph (4)(A), by 
striking ‘‘The data system’’ and all 
that follows through ‘‘(2),’’ and in-
serting ‘‘The interim system de-
scribed in paragraph (1) and the 
Chimera system described in para-
graph (2)’’; 
(iv) in paragraph (5)— 
(I) in the matter preceding 
subparagraph (A), by striking 
‘‘data system under this sub-
2033 
section’’ and inserting ‘‘Chi-
mera 
system 
described 
in 
paragraph (2)’’; 
(II) in subparagraph (B), 
by striking ‘‘and’’ at the end; 
(III) in subparagraph (C), 
by striking the period at the 
end and inserting ‘‘; and’’; and 
(IV) by adding at the end 
the following: 
‘‘(D) to any Federal law enforce-
ment or intelligence officer authorized 
to assist in the investigation, identi-
fication, or prosecution of terrorists, 
alleged terrorists, individuals sup-
porting terrorist activities, and indi-
viduals alleged to support terrorist 
activities. ’’; and 
(v) in paragraph (6)— 
(I) by striking ‘‘President’’ 
and inserting ‘‘National Intel-
ligence Director’’; 
(II) by striking ‘‘the data 
system’’ and all that follows 
through ‘‘(2),’’ and inserting
2034 
‘‘the interim system described 
in paragraph (1) and the Chi-
mera 
system 
described 
in 
paragraph (2)’’; 
(B) in section 202(b)— 
(i) in paragraph (1), by strik-
ing ‘‘The interoperable’’ and all 
that follows through ‘‘subsection 
(a)’’ and inserting ‘‘the Chimera 
system 
described 
in 
subsection 
(a)(2)’’; 
(ii) in paragraph (2), by strik-
ing ‘‘interoperable electronic data-
base’’ and inserting ‘‘Chimera sys-
tem 
described 
in 
subsection 
(a)(2)’’; and 
(iii) by amending paragraph 
(4) to read as follows: 
‘‘(4) INTERIM REPORTS.—Not later than 
6 months after assuming office, the Na-
tional Intelligence Director shall submit a 
report to the appropriate committees of 
Congress on the progress in implementing 
each requirement of this section.’’; 
(C) in section 204—
2035 
(i) by striking ‘‘Attorney Gen-
eral’’ each place such term ap-
pears and inserting ‘‘National In-
telligence Director’’; 
(ii) in subsection (d)(1), by 
striking ‘‘Attorney General’s’’ and 
inserting ‘‘National Intelligence 
Director’s’’; and 
(D) by striking section 203 and re-
designating section 204 as section 203. 
(2) CLERICAL
AMENDMENT.—The table 
of contents for the Enhanced Border Secu-
rity and Visa Entry Reform Act of 2002 (8 
U.S.C. 1701 et seq.) is amended— 
(A) by striking the item relating to 
section 203; and 
(B) by redesignating the item re-
lating to section 204 as relating to sec-
tion 203. 
SEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILITIES 
OF THE FEDERAL BUREAU OF INVESTIGA-
TION. 
(a) FINDINGS.—Consistent with the report 
of the National Commission on Terrorist At-
tacks Upon the United States and to meet the
2036 
intelligence needs of the United States, Con-
gress makes the following findings: 
(1) The Federal Bureau of Investiga-
tion has made significant progress in im-
proving its intelligence capabilities. 
(2) The Federal Bureau of Investiga-
tion must further enhance and fully insti-
tutionalize its ability to prevent, preempt, 
and disrupt terrorist threats to our home-
land, our people, our allies, and our inter-
ests. 
(3) The Federal Bureau of Investiga-
tion must collect, process, share, and dis-
seminate, to the greatest extent permitted 
by applicable law, to the President, the 
Vice President, and other officials in the 
Executive Branch, all terrorism informa-
tion and other information necessary to 
safeguard our people and advance our 
national and homeland security interests. 
(4) The Federal Bureau of Investiga-
tion must move towards full and seamless 
coordination and cooperation with all 
other elements of the Intelligence Commu-
nity, including full participation in, and
2037 
support to, the National counterterrorism 
Center. 
(5) The Federal Bureau of Investiga-
tion must strengthen its pivotal role in co-
ordination and cooperation with Federal, 
State, tribal, and local law enforcement 
agencies to ensure the necessary sharing 
of information for counterterrorism and 
criminal law enforcement purposes. 
(6) The Federal Bureau of Investiga-
tion must perform its vital intelligence 
functions in a manner consistent with 
both with national intelligence priorities 
and respect for privacy and other civil lib-
erties under the Constitution and laws of 
the United States. 
(b) IMPROVEMENT
OF INTELLIGENCE CAPA-
BILITIES.—The Director of the Federal Bureau 
of Investigation shall establish a comprehen-
sive intelligence program for— 
(1) intelligence analysis, including re-
cruitment and hiring of analysts, analyst 
training, priorities and status for anal-
ysis, and analysis performance measures;
2038 
(2) intelligence production, including 
product standards, production priorities, 
information sharing and dissemination, 
and customer satisfaction measures; 
(3) production of intelligence that is 
responsive to national intelligence re-
quirements 
and 
priorities, 
including 
measures of the degree to which each FBI 
headquarters and field component is col-
lecting and providing such intelligence; 
(4) 
intelligence 
sources, 
including 
source validation, new source develop-
ment, and performance measures; 
(5) field intelligence operations, in-
cluding staffing and infrastructure, man-
agement processes, priorities, and per-
formance measures; 
(6) full and seamless coordination 
and cooperation with the other compo-
nents of the Intelligence Community, con-
sistent with their responsibilities; and 
(7) sharing of FBI intelligence and in-
formation across Federal, state, and local 
governments, with the private sector, and
2039 
with foreign partners as provided by law 
or by guidelines of the Attorney General. 
(c) INTELLIGENCE DIRECTORATE.—The Di-
rector of the Federal Bureau of Investigation 
shall establish an Intelligence Directorate 
within the FBI. The Intelligence Directorate 
shall have the authority to manage and direct 
the intelligence operations of all FBI head-
quarters and field components. The Intel-
ligence Directorate shall have responsibility 
for all components and functions of the FBI 
necessary for— 
(1) oversight of FBI field intelligence 
operations; 
(2) FBI human source development 
and management; 
(3) FBI collection against nationally- 
determined intelligence requirements; 
(4) language services; 
(5) strategic analysis; 
(6) intelligence program and budget 
management; and 
(7) the intelligence workforce. 
(d) NATIONAL SECURITY WORKFORCE.—The 
Director of the Federal Bureau of Investiga-
2040 
tion shall establish a specialized, integrated 
intelligence cadre composed of Special Agents, 
analysts, linguists, and surveillance special-
ists in a manner which creates and sustains 
within the FBI a workforce with substantial 
expertise in, and commitment to, the intel-
ligence mission of the FBI. The Director 
shall— 
(1) ensure that these FBI employees 
may make their career, including pro-
motion to the most senior positions in the 
FBI, within this career track; 
(2) establish intelligence cadre re-
quirements for— 
(A) training; 
(B) career development and cer-
tification; 
(C) recruitment, hiring, and selec-
tion; 
(D) integrating field intelligence 
teams; and 
(E) senior level field management; 
(3) establish intelligence officer cer-
tification 
requirements, 
including 
re-
quirements for training courses and as-
2041 
signments to other intelligence, national 
security, or homeland security components 
of the Executive branch, in order to ad-
vance to senior operational management 
positions in the FBI; 
(4) ensure that the FBI’s recruitment 
and training program enhances its ability 
to attract individuals with educational 
and professional backgrounds in intel-
ligence, international relations, language, 
technology, and other skills relevant to 
the intelligence mission of the FBI; 
(5) ensure that all Special Agents and 
analysts employed by the FBI after the 
date of the enactment of this Act shall re-
ceive basic training in both criminal jus-
tice matters and intelligence matters; 
(6) ensure that all Special Agents em-
ployed by the FBI after the date of the en-
actment of this Act, to the maximum ex-
tent practicable, be given an opportunity 
to undergo, during their early service 
with the FBI, meaningful assignments in 
criminal justice matters and in intel-
ligence matters;
2042 
(7) ensure that, to the maximum ex-
tent practical, Special Agents who spe-
cialize in intelligence are afforded the op-
portunity to work on intelligence matters 
over the remainder of their career with 
the FBI; and 
(8) ensure that, to the maximum ex-
tent practical, analysts are afforded FBI 
training and career opportunities com-
mensurate with the training and career 
opportunities afforded analysts in other 
elements of the intelligence community. 
(e) FIELD OFFICE MATTERS.—The Director 
of the Federal Bureau of Investigation shall 
take appropriate actions to ensure the integra-
tion of analysis, Special Agents, linguists, and 
surveillance personnel in FBI field intel-
ligence components and to provide effective 
leadership and infrastructure to support FBI 
field intelligence components. The Director 
shall— 
(1) ensure that each FBI field office 
has an official at the level of Assistant 
Special Agent in Charge or higher with
2043 
responsibility for the FBI field intel-
ligence component; and 
(2) to the extent practicable, provide 
for such expansion of special compart-
mented information facilities in FBI field 
offices as is necessary to ensure the dis-
charge by the field intelligence compo-
nents of the national security and crimi-
nal intelligence mission of the FBI. 
(f) BUDGET MATTERS.—The Director of the 
Federal Bureau of Investigation shall, in con-
sultation with the Director of the Office of 
Management and Budget, modify the budget 
structure of the FBI in order to organize the 
budget according to its four main programs as 
follows: 
(1) Intelligence. 
(2) 
counterterrorism 
and 
counter-
intelligence. 
(3) 
Criminal 
enterprise/Federal 
crimes. 
(4) Criminal justice services. 
(g) REPORTS.— 
(1)(A) Not later than 180 days after 
the date of the enactment of this Act, and
2044 
every twelve months thereafter, the Direc-
tor of the Federal Bureau of Investigation 
shall submit to Congress a report on the 
progress made as of the date of such re-
port in carrying out the requirements of 
this section. 
(B) The Director shall include in the 
first report required by subparagraph (A) 
an estimate of the resources required to 
complete the expansion of special com-
partmented information facilities to carry 
out the intelligence mission of FBI field 
intelligence components. 
(2) In each annual report required by 
paragraph (1)(A) the director shall in-
clude— 
(A) a report on the progress made 
by each FBI field office during the pe-
riod covered by such review in ad-
dressing 
FBI 
and 
national 
intel-
ligence priorities; 
(B) a report assessing the quali-
fications, status, and roles of analysts 
at FBI headquarters and in FBI field 
offices; and
2045 
(C) a report on the progress of the 
FBI 
in 
implementing 
information- 
sharing principles. 
(3) A report required by this sub-
section shall be submitted— 
(A) to each committee of Congress 
that has jurisdiction over the subject 
matter of such report; and 
(B) in unclassified form, but may 
include a classified annex. 
TITLE III—BORDER SECURITY 
AND TERRORIST TRAVEL 
Subtitle A—Immigration Reform in 
the National Interest 
CHAPTER 1—GENERAL PROVISIONS 
SEC. 3001. ELIMINATING THE ‘‘WESTERN HEMISPHERE’’ EX-
CEPTION FOR CITIZENS. 
(a) IN GENERAL.— 
(1) IN GENERAL.—Section 215(b) of the 
Immigration and Nationality Act (8 U.S.C. 
1185(b)) is amended to read as follows: 
‘‘(b)(1) Except as otherwise provided in 
this subsection, it shall be unlawful for any 
citizen of the United States to depart from or 
enter, or attempt to depart from or enter, the
2046 
United States unless the citizen bears a valid 
United States passport. 
‘‘(2) Subject to such limitations and excep-
tions as the President may authorize and pre-
scribe, the President may waive the applica-
tion of paragraph (1) in the case of a citizen 
departing the United States to, or entering the 
United States from, foreign contiguous terri-
tory. 
‘‘(3) The President, if waiving the applica-
tion of paragraph (1) pursuant to paragraph 
(2), shall require citizens departing the United 
States to, or entering the United States from, 
foreign contiguous territory to bear a docu-
ment (or combination of documents) des-
ignated by the Secretary of Homeland Security 
under paragraph (4). 
‘‘(4) The Secretary of Homeland Security— 
‘‘(A) shall designate documents that 
are sufficient to denote identity and citi-
zenship in the United States such that 
they may be used, either individually or in 
conjunction with another document, to es-
tablish that the bearer is a citizen or na-
tional of the United States for purposes of
2047 
lawfully departing from or entering the 
United States; and 
‘‘(B) shall publish a list of those docu-
ments in the Federal Register. 
‘‘(5) A document may not be designated 
under paragraph (4) (whether alone or in com-
bination with other documents) unless the Sec-
retary of Homeland Security determines that 
the document— 
‘‘(A) may be relied upon for the pur-
poses of this subsection; and 
‘‘(B) may not be issued to an alien un-
lawfully present in the United States.’’. 
(2) EFFECTIVE DATE.—The amendment 
made by paragraph (1) shall take effect 
on October 1, 2006. 
(b) INTERIM RULE.— 
(1) IN
GENERAL.—Not later than 60 
days after the date of the enactment of 
this Act, the Secretary of Homeland Secu-
rity— 
(A) 
shall 
designate 
documents 
that are sufficient to denote identity 
and citizenship in the United States 
such that they may be used, either in-
2048 
dividually or in conjunction with an-
other document, to establish that the 
bearer is a citizen or national of the 
United States for purposes of lawfully 
departing from or entering the United 
States; and 
(B) shall publish a list of those 
documents in the Federal Register. 
(2) LIMITATION
ON
PRESIDENTIAL
AU-
THORITY.—Beginning on the date that is 90 
days after the publication described in 
paragraph (1)(B), the President, notwith-
standing section 215(b) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1185(b)), may not exercise the President’s 
authority under such section so as to per-
mit any citizen of the United States to de-
part from or enter, or attempt to depart 
from or enter, the United States from any 
country other than foreign contiguous ter-
ritory, unless the citizen bears a document 
(or combination of documents) designated 
under paragraph (1)(A). 
(3) CRITERIA FOR DESIGNATION.—A doc-
ument may not be designated under para-
2049 
graph (1)(A) (whether alone or in com-
bination with other documents) unless the 
Secretary of Homeland Security deter-
mines that the document— 
(A) may be relied upon for the pur-
poses of this subsection; and 
(B) may not be issued to an alien 
unlawfully 
present 
in 
the 
United 
States. 
(4) EFFECTIVE
DATE.—This subsection 
shall take effect on the date of the enact-
ment of this Act and shall cease to be ef-
fective on September 30, 2006. 
SEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH RE-
SPECT TO DOCUMENTATION REQUIREMENTS 
FOR NATIONALS OF FOREIGN CONTIGUOUS 
TERRITORIES AND ADJACENT ISLANDS. 
(a) IN GENERAL.—Section 212(d)(4) of the 
Immigration and Nationality Act (8 U.S.C. 
1182(d)(4)) is amended— 
(1) by striking ‘‘Attorney General’’ and 
inserting ‘‘Secretary of Homeland Secu-
rity’’;
2050 
(2) by striking ‘‘on the basis of reci-
procity’’ and all that follows through ‘‘or 
(C)’’; and 
(3) by adding at the end the following: 
‘‘Either or both of the requirements of 
such paragraph may also be waived by 
the Secretary of Homeland Security and 
the Secretary of State, acting jointly and 
on the basis of reciprocity, with respect to 
nationals of foreign contiguous territory 
or of adjacent islands, but only if such na-
tionals are required, in order to be admit-
ted into the United States, to be in posses-
sion of identification deemed by the Sec-
retary of Homeland Security to be se-
cure.’’. 
(b) 
EFFECTIVE
DATE.—The 
amendment 
made by subsection (a) shall take effect on De-
cember 31, 2006. 
SEC. 3003. INCREASE IN FULL-TIME BORDER PATROL 
AGENTS. 
The Secretary of Homeland Security, in 
each of fiscal years 2006 through 2010, shall 
increase by not less than 2,000 the number of 
positions for full-time active-duty border pa-
2051 
trol agents within the Department of Home-
land Security above the number of such posi-
tions for which funds were allotted for the pre-
ceding fiscal year. 
SEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND CUS-
TOMS ENFORCEMENT INVESTIGATORS. 
The Secretary of Homeland Security, in 
each of fiscal years 2006 through 2010, shall 
increase by not less than 800 the number of po-
sitions for full-time active-duty investigators 
within the Department of Homeland Security 
investigating violations of immigration laws 
(as defined in section 101(a)(17) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(17)) above the number of such posi-
tions for which funds were allotted for the pre-
ceding fiscal year. At least half of these addi-
tional investigators shall be designated to in-
vestigate potential violations of section 274A of 
the Immigration and Nationality Act (8 U.S.C 
1324a). Each State shall be allotted at least 3 
of these additional investigators.
2052 
SEC. 3005. ALIEN IDENTIFICATION STANDARDS. 
Section 211 of the Immigration and Na-
tionality Act (8 U.S.C. 1181) is amended by 
adding at the end the following: 
‘‘(d) For purposes of establishing identity 
to any Federal employee, an alien present in 
the United States may present any document 
issued by the Attorney General or the Secretary 
of Homeland Security under the authority of 
one of the immigration laws (as defined in sec-
tion 101(a)(17)), or an unexpired lawfully 
issued foreign passport. Subject to the limita-
tions and exceptions in immigration laws (as 
defined in section 101(a)(17) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(17)), 
no other document may be presented for those 
purposes.’’. 
SEC. 3006. EXPEDITED REMOVAL. 
Section 235(b)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is 
amended by striking clauses (i) through (iii) 
and inserting the following: 
‘‘(i) IN GENERAL.—If an immi-
gration officer determines that an 
alien (other than an alien de-
scribed in subparagraph (F)) who
2053 
is arriving in the United States, or 
who has not been admitted or pa-
roled into the United States and 
has not been physically present in 
the United States continuously for 
the 
5-year 
period 
immediately 
prior to the date of the determina-
tion of inadmissibility under this 
paragraph, is inadmissible under 
section 212(a)(6)(C) or 212(a)(7), 
the officer shall order the alien re-
moved from the United States 
without further hearing or review, 
unless— 
‘‘(I) the alien has been 
charged with a crime, is in 
criminal proceedings, or is 
serving a criminal sentence; or 
‘‘(II) the alien indicates an 
intention to apply for asylum 
under section 208 or a fear of 
persecution and the officer de-
termines that the alien has 
been physically present in the
2054 
United States for less than 1 
year. 
‘‘(ii) CLAIMS
FOR
ASYLUM.—If 
an immigration officer determines 
that an alien (other than an alien 
described in subparagraph (F)) 
who is arriving in the United 
States, or who has not been admit-
ted or paroled into the United 
States and has not been physically 
present in the United States con-
tinuously for the 5-year period im-
mediately prior to the date of the 
determination of inadmissibility 
under this paragraph, is inadmis-
sible under section 212(a)(6)(C) or 
212(a)(7), and the alien indicates 
either an intention to apply for 
asylum under section 208 or a fear 
of persecution, the officer shall 
refer the alien for an interview by 
an asylum officer under subpara-
graph (B) if the officer determines 
that the alien has been physically
2055 
present in the United States for 
less than 1 year.’’. 
SEC. 3007. PREVENTING TERRORISTS FROM OBTAINING 
ASYLUM. 
(a) CONDITIONS
FOR GRANTING ASYLUM.— 
Section 208(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(b)) is amended— 
(1) in paragraph (1), by striking ‘‘The 
Attorney General’’ and inserting the fol-
lowing: 
‘‘(A) ELIGIBILITY.—The Secretary of 
Homeland Security or the Attorney 
General’’; and 
(2) by adding at the end the following: 
‘‘(B) BURDEN OF PROOF.—The bur-
den of proof is on the applicant to es-
tablish that the applicant is a refugee 
within 
the 
meaning 
of 
section 
101(a)(42)(A). To establish that the 
applicant is a refugee within the 
meaning of this Act, the applicant 
must establish that race, religion, na-
tionality, membership in a particular 
social group, or political opinion was 
or will be the central motive for perse-
2056 
cuting the applicant. The testimony of 
the applicant may be sufficient to sus-
tain such burden without corrobora-
tion, but only if it is credible, is per-
suasive, and refers to specific facts 
that demonstrate that the applicant is 
a refugee. Where the trier of fact finds 
that it is reasonable to expect corrobo-
rating evidence for certain alleged 
facts pertaining to the specifics of the 
applicant’s claim, such evidence must 
be provided unless a reasonable expla-
nation is given as to why such infor-
mation is not provided. The credibility 
determination of the trier of fact may 
be based, in addition to other factors, 
on the demeanor, candor, or respon-
siveness of the applicant or witness, 
the consistency between the appli-
cant’s or witness’s written and oral 
statements, whether or not under 
oath, made at any time to any officer, 
agent, or employee of the United 
States, the internal consistency of 
each such statement, the consistency
2057 
of such statements with the country 
conditions in the country from which 
the applicant claims asylum (as pre-
sented by the Department of State) 
and any inaccuracies or falsehoods in 
such statements. These factors may be 
considered individually or cumula-
tively.’’. 
(b) STANDARD OF REVIEW FOR ORDERS OF 
REMOVAL.—Section 242(b)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1252(b)(4)) 
is amended by adding after subparagraph (D) 
the following flush language: ‘‘No court shall 
reverse a determination made by an adjudi-
cator with respect to the availability of cor-
roborating evidence as described in section 
208(b)(1)(B), unless the court finds that a rea-
sonable adjudicator is compelled to conclude 
that such corroborating evidence is unavail-
able.’’. 
(c) 
EFFECTIVE
DATE.—The 
amendment 
made by subsection (b) shall take effect upon 
the date of enactment of this Act and shall 
apply to cases in which the final administra-
2058 
tive removal order was issued before, on, or 
after the date of enactment of this Act. 
SEC. 3008. REVOCATION OF VISAS AND OTHER TRAVEL DOC-
UMENTATION. 
(a) LIMITATION ON REVIEW.—Section 221(i) 
of the Immigration and Nationality Act (8 
U.S.C. 1201(i)) is amended by adding at the 
end the following: ‘‘There shall be no means of 
administrative or judicial review of a revoca-
tion under this subsection, and no court or 
other person otherwise shall have jurisdiction 
to consider any claim challenging the validity 
of such a revocation.’’. 
(b) CLASSES OF DEPORTABLE ALIENS.—Sec-
tion 237(a)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)(1)(B)) is amend-
ed by striking ‘‘United States is’’ and inserting 
the following: ‘‘United States, or whose non-
immigrant visa (or other documentation au-
thorizing admission into the United States as 
a nonimmigrant) has been revoked under sec-
tion 221(i), is’’. 
(c) REVOCATION OF PETITIONS.—Section 205 
of the Immigration and Nationality Act (8 
U.S.C. 1155) is amended—
2059 
(1) by striking ‘‘Attorney General’’ and 
inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(2) by striking the final two sentences. 
(d) EFFECTIVE
DATE.—The amendments 
made by this section shall take effect on the 
date of the enactment of this Act and shall 
apply to revocations under sections 205 and 
221(i) of the Immigration and Nationality Act 
made before, on, or after such date. 
SEC. 3009. JUDICIAL REVIEW OF ORDERS OF REMOVAL. 
(a) IN GENERAL.—Section 242 of the Immi-
gration and Nationality Act (8 U.S.C. 1252) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraphs (A), (B), 
and (C), by inserting ‘‘(statutory 
and nonstatutory), including sec-
tion 2241 of title 28, United States 
Code, or any other habeas corpus 
provision, and sections 1361 and 
1651 of title 28, United States 
Code’’ after ‘‘Notwithstanding any 
other provision of law’’; and
2060 
(ii) by adding at the end the 
following: 
‘‘(D) JUDICIAL
REVIEW
OF
CERTAIN 
LEGAL CLAIMS.—Nothing in this para-
graph shall be construed as pre-
cluding consideration by the circuit 
courts of appeals of constitutional 
claims or pure questions of law raised 
upon petitions for review filed in ac-
cordance with this section. Notwith-
standing any other provision of law 
(statutory and nonstatutory), includ-
ing section 2241 of title 28, United 
States Code, or, except as provided in 
subsection (e), any other habeas cor-
pus provision, and sections 1361 and 
1651 of title 28, United States Code, 
such petitions for review shall be the 
sole and exclusive means of raising 
any and all claims with respect to or-
ders of removal entered or issued 
under any provision of this Act.’’; and 
(B) by adding at the end the fol-
lowing:
2061 
‘‘(4) CLAIMS UNDER THE UNITED NATIONS 
CONVENTION.—Notwithstanding any other 
provision of law (statutory and nonstatu-
tory), including section 2241 of title 28, 
United States Code, or any other habeas 
corpus provision, and sections 1361 and 
1651 of title 28, United States Code, a peti-
tion for review by the circuit courts of ap-
peals filed in accordance with this section 
is the sole and exclusive means of judicial 
review of claims arising under the United 
Nations Convention Against Torture and 
Other Forms of Cruel, Inhuman, or De-
grading Treatment or Punishment. 
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—The 
judicial review specified in this sub-
section shall be the sole and exclusive 
means for review by any court of an order 
of removal entered or issued under any 
provision of this Act. For purposes of this 
title, in every provision that limits or 
eliminates judicial review or jurisdiction 
to review, the terms ‘judicial review’ and 
‘jurisdiction to review’ include habeas 
corpus review pursuant to section 2241 of
2062 
title 28, United States Code, or any other 
habeas corpus provision, sections 1361 
and 1651 of title 28, United States Code, 
and review pursuant to any other provi-
sion of law.’’; 
(2) in subsection (b)— 
(A) in paragraph (3)(B), by insert-
ing ‘‘pursuant to subsection (f)’’ after 
‘‘unless’’; and 
(B) in paragraph (9), by adding at 
the end the following: ‘‘Except as oth-
erwise provided in this subsection, no 
court shall have jurisdiction, by ha-
beas corpus under section 2241 of title 
28, United States Code, or any other 
habeas corpus provision, by section 
1361 or 1651 of title 28, United States 
Code, or by any other provision of law 
(statutory or nonstatutory), to hear 
any cause or claim subject to these 
consolidation provisions.’’; 
(3) in subsection (f)(2), by inserting 
‘‘or stay, by temporary or permanent 
order, including stays pending judicial re-
view,’’ after ‘‘no court shall enjoin’’; and
2063 
(4) in subsection (g), by inserting 
‘‘(statutory and nonstatutory), including 
section 2241 of title 28, United States 
Code, or any other habeas corpus provi-
sion, and sections 1361 and 1651 of title 
28, United States Code’’ after ‘‘notwith-
standing any other provision of law’’. 
(b) EFFECTIVE
DATE.—The amendments 
made by subsection (a) shall take effect upon 
the date of enactment of this Act and shall 
apply to cases in which the final administra-
tive removal order was issued before, on, or 
after the date of enactment of this Act. 
CHAPTER 2—DEPORTATION OF TERROR-
ISTS 
AND 
SUPPORTERS 
OF 
TER-
RORISM 
SEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION 
ON REMOVAL. 
(a) IN GENERAL.—Section 241(b)(3)(B) (8 
U.S.C. 1231(b)(3)(B)) is amended— 
(1) in the matter preceding clause (i), 
by striking ‘‘section 237(a)(4)(D)’’ and in-
serting ‘‘paragraph (4)(B) or (4)(D) of sec-
tion 237(a)’’; and 
(2) in clause (iii), by striking ‘‘or’’;
2064 
(3) in clause (iv), by striking the pe-
riod and inserting ‘‘; or’’ ; 
(4) by inserting after clause (iv) and 
following: 
‘‘(v) the alien is described in 
subclause (I), (II), (III), (IV), or 
(VI) of section 212(a)(3)(B)(i) or 
section 237(a)(4)(B), unless, in the 
case only of an alien described in 
subclause 
(IV) 
of 
section 
212(a)(3)(B)(i), the Secretary of 
Homeland Security determines, in 
the Secretary’s discretion, that 
there are not reasonable grounds 
for regarding the alien as a dan-
ger to the security of the United 
States.’’; and 
(5) by striking the last sentence. 
(b) EXCEPTIONS.—Section 208(b)(2)(A)(v) of 
the Immigration and Nationality Act (8 U.S.C. 
1158(b)(2)(A)(v)) is amended— 
(1) by striking ‘‘inadmissible under’’ 
each place such term appears and insert-
ing ‘‘described in’’; and 
(2) by striking ‘‘removable under’’.
2065 
(c) EFFECTIVE
DATE.—The amendments 
made by this section shall take effect on the 
date of the enactment of this Act and shall 
apply to— 
(1) removal proceedings instituted be-
fore, on, or after the date of the enactment 
of this Act; and 
(2) acts and conditions constituting a 
ground for inadmissibility or removal oc-
curring or existing before, on, or after 
such date. 
SEC. 3032. EXCEPTION TO RESTRICTION ON REMOVAL FOR 
TERRORISTS AND CRIMINALS. 
(a) REGULATIONS.— 
(1) 
REVISION
DEADLINE.—Not 
later 
than 120 days after the date of the enact-
ment of this Act, the Secretary of Home-
land Security shall revise the regulations 
prescribed by the Secretary to implement 
the United Nations Convention Against 
Torture and Other Forms of Cruel, Inhu-
man or Degrading Treatment or Punish-
ment, done at New York on December 10, 
1984.
2066 
(2) EXCLUSION OF CERTAIN ALIENS.—The 
revision— 
(A) shall exclude from the protec-
tion of such regulations aliens de-
scribed in section 241(b)(3)(B) of the 
Immigration and Nationality Act (8 
U.S.C. 1231(b)(3)(B)) (as amended by 
this title), including rendering such 
aliens ineligible for withholding or 
deferral of removal under the Conven-
tion; and 
(B) shall ensure that the revised 
regulations operate so as to— 
(i) allow for the reopening of 
determinations made under the 
regulations before the effective 
date of the revision; and 
(ii) apply to acts and condi-
tions constituting a ground for in-
eligibility for the protection of 
such regulations, as revised, re-
gardless of when such acts or con-
ditions occurred. 
(3) BURDEN
OF
PROOF.—The revision 
shall also ensure that the burden of proof
2067 
is on the applicant for withholding or de-
ferral of removal under the Convention to 
establish by clear and convincing evi-
dence that he or she would be tortured if 
removed to the proposed country of re-
moval. 
(b) 
JUDICIAL
REVIEW.—Notwithstanding 
any other provision of law, no court shall have 
jurisdiction to review the regulations adopted 
to implement this section, and nothing in this 
section shall be construed as providing any 
court jurisdiction to consider or review claims 
raised under the Convention or this section, 
except as part of the review of a final order of 
removal pursuant to section 242 of the Immi-
gration and Nationality Act (8 U.S.C. 1252). 
SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES. 
(a) IN GENERAL.—Section 241(b) of the Im-
migration and Nationality Act (8 U.S.C. 
1231(b)) is amended— 
(1) in paragraph (1)— 
(A) in each of subparagraphs (A) 
and (B), by striking the period at the 
end and inserting ‘‘unless, in the opin-
ion of the Secretary of Homeland Se-
2068 
curity, removing the alien to such 
country would be prejudicial to the 
United States.’’; and 
(B) by amending subparagraph 
(C) to read as follows: 
‘‘(C) ALTERNATIVE
COUNTRIES.—If 
the alien is not removed to a country 
designated in subparagraph (A) or 
(B), the Secretary of Homeland Secu-
rity shall remove the alien to— 
‘‘(i) the country of which the 
alien is a citizen, subject, or na-
tional, where the alien was born, 
or where the alien has a resi-
dence, unless the country phys-
ically prevents the alien from en-
tering the country upon the alien’s 
removal there; or 
‘‘(ii) any country whose gov-
ernment will accept the alien into 
that country.’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘Attorney General’’ 
each place such term appears and in-
2069 
serting ‘‘Secretary of Homeland Secu-
rity’’; 
(B) by amending subparagraph 
(D) to read as follows: 
‘‘(D) ALTERNATIVE
COUNTRIES.—If 
the alien is not removed to a country 
designated 
under 
subparagraph 
(A)(i), the Secretary of Homeland Se-
curity shall remove the alien to a 
country of which the alien is a sub-
ject, national, or citizen, or where the 
alien has a residence, unless— 
‘‘(i) such country physically 
prevents the alien from entering 
the country upon the alien’s re-
moval there; or 
‘‘(ii) in the opinion of the Sec-
retary of Homeland Security, re-
moving the alien to the country 
would be prejudicial to the United 
States.’’; and 
(C) by amending subparagraph 
(E)(vii) to read as follows:
2070 
‘‘(vii) Any country whose gov-
ernment will accept the alien into 
that country.’’. 
(b) EFFECTIVE
DATE.—The amendments 
made by subsection (a) shall take effect on the 
date of the enactment of this Act and shall 
apply to any deportation, exclusion, or re-
moval on or after such date pursuant to any 
deportation, exclusion, or removal order, re-
gardless of whether such order is administra-
tively final before, on, or after such date. 
Subtitle B—Identity Management 
Security 
CHAPTER 1—IMPROVED SECURITY FOR 
DRIVERS’ LICENSES AND PERSONAL 
IDENTIFICATION CARDS 
SEC. 3051. DEFINITIONS. 
In this chapter, the following definitions 
apply: 
(1) DRIVER’S LICENSE.—The term ‘‘driv-
er’s license’’ means a motor vehicle opera-
tor’s license, as defined in section 30301 of 
title 49, United States Code. 
(2) IDENTIFICATION
CARD.—The term 
‘‘identification card’’ means a personal
2071 
identification card, as defined in section 
1028(d) of title 18, United States Code, 
issued by a State. 
(3) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Homeland Secu-
rity. 
(4) STATE.—The term ‘‘State’’ means a 
State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Is-
lands, 
Guam, 
American 
Samoa, 
the 
Northern Mariana Islands, the Trust Ter-
ritory of the Pacific Islands, and any 
other territory or possession of the United 
States. 
SEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND 
ISSUANCE STANDARDS FOR FEDERAL REC-
OGNITION. 
(a) MINIMUM
STANDARDS
FOR
FEDERAL 
USE.— 
(1) IN
GENERAL.—Beginning 3 years 
after the date of enactment of this Act, a 
Federal agency may not accept, for any of-
ficial purpose, a driver’s license or identi-
fication card issued by a State to any per-
2072 
son unless the State is meeting the re-
quirements of this section. 
(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. 
(b) MINIMUM DOCUMENT REQUIREMENTS.— 
To meet the requirements of this section, a 
State shall include, at a minimum, the fol-
lowing information and features on each driv-
er’s license and identification card issued to a 
person by the State: 
(1) The person’s full legal name. 
(2) The person’s date of birth. 
(3) The person’s gender. 
(4) The person’s driver license or iden-
tification card number. 
(5) A photograph of the person. 
(6) The person’s address of principal 
residence.
2073 
(7) The person’s signature. 
(8) Physical security features designed 
to prevent tampering, counterfeiting, or 
duplication of the document for fraudu-
lent purposes. 
(9) A common machine-readable tech-
nology, with defined minimum data ele-
ments. 
(c) MINIMUM ISSUANCE STANDARDS.— 
(1) IN GENERAL.—To meet the require-
ments of this section, a State shall re-
quire, at a minimum, presentation and 
verification of the following information 
before issuing a driver’s license or identi-
fication card to a person: 
(A) A photo identity document, ex-
cept that a non-photo identity docu-
ment is acceptable if it includes both 
the person’s full legal name and date 
of birth. 
(B) Documentation showing the 
person’s date of birth. 
(C) Proof of the person’s social se-
curity account number or verification
2074 
that the person is not eligible for a so-
cial security account number. 
(D) Documentation showing the 
person’s name and address of prin-
cipal residence. 
(2) VERIFICATION
OF
DOCUMENTS.—To 
meet the requirements of this section, a 
State shall implement the following proce-
dures: 
(A) Before issuing a driver’s li-
cense or identification card to a per-
son, the State shall verify, with the 
issuing agency, the issuance, validity, 
and completeness of each document 
required to be presented by the person 
under paragraph (1). 
(B) The State shall not accept any 
foreign document, other than an offi-
cial passport, to satisfy a requirement 
of paragraph (1). 
(d) OTHER REQUIREMENTS.—To meet the re-
quirements of this section, a State shall adopt 
the following practices in the issuance of driv-
ers’ licenses and identification cards:
2075 
(1) Employ technology to capture dig-
ital images of identity source documents 
so that the images can be retained in elec-
tronic storage in a transferable format. 
(2) Retain paper copies of source doc-
uments for a minimum of 7 years or im-
ages of source documents presented for a 
minimum of 10 years. 
(3) Subject each person applying for a 
driver’s license or identification card to 
mandatory facial image capture. 
(4) Establish an effective procedure to 
confirm or verify a renewing applicant’s 
information. 
(5) Confirm with the Social Security 
Administration a social security account 
number presented by a person using the 
full social security account number. In 
the event that a social security account 
number is already registered to or associ-
ated with another person to which any 
State has issued a driver’s license or iden-
tification card, the State shall resolve the 
discrepancy and take appropriate action.
2076 
(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. 
(7) Ensure the physical security of lo-
cations where drivers’ licenses and identi-
fication cards are produced and the secu-
rity of document materials and papers 
from which drivers’ licenses and identi-
fication cards are produced. 
(8) Subject all persons authorized to 
manufacture or produce drivers’ licenses 
and identification cards to appropriate 
security clearance requirements. 
(9) Establish fraudulent document 
recognition training programs for appro-
priate employees engaged in the issuance 
of drivers’ licenses and identification 
cards. 
SEC. 3053. LINKING OF DATABASES. 
(a) IN GENERAL.—To be eligible to receive 
any grant or other type of financial assistance 
made available under this subtitle, a State
2077 
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 infor-
mation contained in the motor vehicle data-
bases of all other States. 
(b) REQUIREMENTS
FOR
INFORMATION.—A 
State motor vehicle database shall contain, at 
a minimum, the following information: 
(1) All data fields printed on drivers’ 
licenses and identification cards issued by 
the State. 
(2) Motor vehicle drivers’ histories, in-
cluding motor vehicle violations, suspen-
sions, and points on licenses. 
SEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES 
FOR USE IN FALSE IDENTIFICATION DOCU-
MENTS. 
Section 1028(a)(8) of title 18, United States 
Code, is amended by striking ‘‘false authen-
tication features’’ and inserting ‘‘false or ac-
tual authentication features’’. 
SEC. 3055. GRANTS TO STATES. 
(a) IN GENERAL.—The Secretary may make 
grants to a State to assist the State in con-
2078 
forming to the minimum standards set forth in 
this chapter. 
(b) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to the 
Secretary for each of the fiscal years 2005 
through 2009 such sums as may be necessary 
to carry out this chapter. 
SEC. 3056. AUTHORITY. 
(a) PARTICIPATION OF SECRETARY OF TRANS-
PORTATION AND STATES.—All authority to issue 
regulations, 
certify 
standards, 
and 
issue 
grants under this chapter shall be carried out 
by the Secretary, in consultation with the Sec-
retary of Transportation and the States. 
(b) EXTENSIONS
OF DEADLINES.—The Sec-
retary may grant to a State an extension of 
time to meet the requirements of section 
3052(a)(1) if the State provides adequate jus-
tification for noncompliance. 
CHAPTER 2—IMPROVED SECURITY FOR 
BIRTH CERTIFICATES 
SEC. 3061. DEFINITIONS. 
(a) APPLICABILITY OF DEFINITIONS.—Except 
as otherwise specifically provided, the defini-
2079 
tions contained in section 3051 apply to this 
chapter. 
(b) OTHER DEFINITIONS.—In this chapter, 
the following definitions apply: 
(1) 
BIRTH
CERTIFICATE.—The 
term 
‘‘birth certificate’’ means a certificate of 
birth— 
(A) for an individual (regardless 
of where born)— 
(i) who is a citizen or national 
of the United States at birth; and 
(ii) whose birth is registered 
in the United States; and 
(B) that— 
(i) is issued by a Federal, 
State, or local government agency 
or authorized custodian of record 
and produced from birth records 
maintained by such agency or cus-
todian of record; or 
(ii) is an authenticated copy, 
issued by a Federal, State, or local 
government agency or authorized 
custodian of record, of an original
2080 
certificate of birth issued by such 
agency or custodian of record. 
(2) 
REGISTRANT.—The 
term 
‘‘reg-
istrant’’ means, with respect to a birth 
certificate, the person whose birth is reg-
istered on the certificate. 
(3) STATE.—The term ‘‘State’’ shall 
have the meaning given such term in sec-
tion 3051; except that New York City shall 
be treated as a State separate from New 
York. 
SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO 
LOCAL GOVERNMENTS. 
The minimum standards in this chapter 
applicable to birth certificates issued by a 
State shall also apply to birth certificates 
issued by a local government in the State. It 
shall be the responsibility of the State to en-
sure that local governments in the State com-
ply with the minimum standards. 
SEC. 3063. MINIMUM STANDARDS FOR FEDERAL RECOGNI-
TION. 
(a) MINIMUM
STANDARDS
FOR
FEDERAL 
USE.—
2081 
(1) IN
GENERAL.—Beginning 3 years 
after the date of enactment of this Act, a 
Federal agency may not accept, for any of-
ficial purpose, a birth certificate issued 
by a State to any person unless the State 
is meeting the requirements of this sec-
tion. 
(2) STATE
CERTIFICATIONS.—The Sec-
retary shall determine whether a State is 
meeting the requirements of this section 
based on certifications made by the State 
to the Secretary. Such certifications shall 
be made at such times and in such man-
ner as the Secretary, in consultation with 
the Secretary of Health and Human Serv-
ices, may prescribe by regulation. 
(b) MINIMUM
DOCUMENT
STANDARDS.—To 
meet the requirements of this section, a State 
shall include, on each birth certificate issued 
to a person by the State, the use of safety 
paper, the seal of the issuing custodian of 
record, and such other features as the Sec-
retary may determine necessary to prevent 
tampering, counterfeiting, and otherwise du-
plicating the birth certificate for fraudulent
2082 
purposes. The Secretary may not require a sin-
gle design to which birth certificates issued by 
all States must conform. 
(c) MINIMUM ISSUANCE STANDARDS.— 
(1) IN GENERAL.—To meet the require-
ments of this section, a State shall require 
and verify the following information from 
the requestor before issuing an authenti-
cated copy of a birth certificate: 
(A) The name on the birth certifi-
cate. 
(B) The date and location of the 
birth. 
(C) The mother’s maiden name. 
(D) Substantial proof of the re-
questor’s identity. 
(2) ISSUANCE
TO
PERSONS
NOT
NAMED 
ON
BIRTH
CERTIFICATE.—To meet the re-
quirements of this section, in the case of a 
request by a person who is not named on 
the birth certificate, a State must require 
the presentation of legal authorization to 
request 
the 
birth 
certificate 
before 
issuance.
2083 
(3) ISSUANCE TO FAMILY MEMBERS.—Not 
later than one year after the date of en-
actment of this Act, the Secretary, in con-
sultation with the Secretary of Health and 
Human Services and the States, shall es-
tablish minimum standards for issuance 
of a birth certificate to specific family 
members, their authorized representa-
tives, and others who demonstrate that 
the certificate is needed for the protection 
of the requestor’s personal or property 
rights. 
(4) WAIVERS.—A State may waive the 
requirements set forth in subparagraphs 
(A) through (C) of subsection (c)(1) in ex-
ceptional circumstances, such as the inca-
pacitation of the registrant. 
(5) 
APPLICATIONS
BY
ELECTRONIC 
MEANS.—To meet the requirements of this 
section, for applications by electronic 
means, through the mail or by phone or 
fax, a State shall employ third party 
verification, or equivalent verification, of 
the identity of the requestor.
2084 
(6) VERIFICATION
OF
DOCUMENTS.—To 
meet the requirements of this section, a 
State shall verify the documents used to 
provide proof of identity of the requestor. 
(d) OTHER REQUIREMENTS.—To meet the re-
quirements of this section, a State shall adopt, 
at a minimum, the following practices in the 
issuance and administration of birth certifi-
cates: 
(1) Establish and implement minimum 
building security standards for State and 
local vital record offices. 
(2) Restrict public access to birth cer-
tificates and information gathered in the 
issuance process to ensure that access is 
restricted to entities with which the State 
has a binding privacy protection agree-
ment. 
(3) Subject all persons with access to 
vital 
records 
to 
appropriate 
security 
clearance requirements. 
(4) Establish fraudulent document 
recognition training programs for appro-
priate employees engaged in the issuance 
process.
2085 
(5) Establish and implement internal 
operating system standards for paper and 
for electronic systems. 
(6) Establish a central database that 
can provide interoperative data exchange 
with other States and with Federal agen-
cies, subject to privacy restrictions and 
confirmation of the authority and identity 
of the requestor. 
(7) Ensure that birth and death 
records are matched in a comprehensive 
and timely manner, and that all elec-
tronic birth records and paper birth cer-
tificates of decedents are marked ‘‘de-
ceased’’. 
(8) Cooperate with the Secretary in 
the 
implementation 
of 
electronic 
verification of vital events under section 
3065. 
SEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS. 
In consultation with the Secretary of 
Health and Human Services and the Commis-
sioner of Social Security, the Secretary shall 
take the following actions:
2086 
(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. 
(2) Coordinate requirements for such 
systems to align with a national model. 
(3) Ensure that fraud prevention is 
built into the design of electronic vital 
registration systems in the collection of 
vital event data, the issuance of birth cer-
tificates, and the exchange of data among 
government agencies. 
(4) Ensure that electronic systems for 
issuing birth certificates, in the form of 
printed abstracts of birth records or 
digitized images, employ a common for-
mat of the certified copy, so that those re-
quiring such documents can quickly con-
firm their validity. 
(5) Establish uniform field require-
ments for State birth registries. 
(6) Not later than 1 year after the date 
of enactment of this Act, establish a proc-
ess with the Department of Defense that
2087 
will result in the sharing of data, with the 
States and the Social Security Adminis-
tration, regarding deaths of United States 
military personnel and the birth and 
death of their dependents. 
(7) Not later than 1 year after the date 
of enactment of this Act, establish a proc-
ess with the Department of State to im-
prove registration, notification, and the 
sharing of data with the States and the 
Social Security Administration, regarding 
births and deaths of United States citi-
zens abroad. 
(8) Not later than 3 years after the 
date of establishment of databases pro-
vided for under this section, require 
States to record and retain electronic 
records of pertinent identification infor-
mation collected from requestors who are 
not the registrants. 
(9) Not later than 6 months after the 
date of enactment of this Act, submit to 
Congress, a report on whether there is a 
need for Federal laws to address penalties 
for fraud and misuse of vital records and
2088 
whether violations are sufficiently en-
forced. 
SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS. 
(a) LEAD
AGENCY.—The Secretary shall 
lead 
the 
implementation 
of 
electronic 
verification of a person’s birth and death. 
(b) REGULATIONS.—In carrying out sub-
section (a), the Secretary shall issue regula-
tions to establish a means by which authorized 
Federal and State agency users with a single 
interface will be able to generate an electronic 
query to any participating vital records juris-
diction throughout the Nation to verify the 
contents of a paper birth certificate. Pursuant 
to the regulations, an electronic response from 
the participating vital records jurisdiction as 
to whether there is a birth record in their 
database that matches the paper birth certifi-
cate will be returned to the user, along with 
an indication if the matching birth record has 
been flagged ‘‘deceased’’. The regulations shall 
take effect not later than 5 years after the date 
of enactment of this Act.
2089 
SEC. 3066. GRANTS TO STATES. 
(a) IN GENERAL.—The Secretary may make 
grants to a State to assist the State in con-
forming to the minimum standards set forth in 
this chapter. 
(b) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to the 
Secretary for each of the fiscal years 2005 
through 2009 such sums as may be necessary 
to carry out this chapter. 
SEC. 3067. AUTHORITY. 
(a) PARTICIPATION WITH FEDERAL AGENCIES 
AND STATES.—All authority to issue regula-
tions, certify standards, and issue grants 
under this chapter shall be carried out by the 
Secretary, with the concurrence of the Sec-
retary of Health and Human Services and in 
consultation with State vital statistics offices 
and appropriate Federal agencies. 
(b) EXTENSIONS
OF DEADLINES.—The Sec-
retary may grant to a State an extension of 
time to meet the requirements of section 
3063(a)(1) if the State provides adequate jus-
tification for noncompliance.
2090 
CHAPTER 3—MEASURES TO ENHANCE PRI-
VACY AND INTEGRITY OF SOCIAL SE-
CURITY ACCOUNT NUMBERS 
SEC. 3071. PROHIBITION OF THE DISPLAY OF SOCIAL SECU-
RITY ACCOUNT NUMBERS ON DRIVER’S LI-
CENSES 
OR 
MOTOR 
VEHICLE 
REGISTRA-
TIONS. 
(a) IN GENERAL.—Section 205(c)(2)(C)(vi) 
of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
405(c)(2)(C)(vi)) is amended— 
(1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and 
(2) by adding at the end the following 
new subclause: 
‘‘(II) Any State or political subdivision 
thereof (and any person acting as an agent of 
such an agency or instrumentality), in the ad-
ministration of any driver’s license or motor 
vehicle registration law within its jurisdic-
tion, may not display a social security account 
number issued by the Commissioner of Social 
Security (or any derivative of such number) on 
any driver’s license or motor vehicle registra-
tion or any other document issued by such 
State or political subdivision to an individual 
for purposes of identification of such indi-
2091 
vidual or include on any such licence, reg-
istration, or other document a magnetic strip, 
bar code, or other means of communication 
which conveys such number (or derivative 
thereof).’’. 
(b) EFFECTIVE
DATE.—The amendments 
made by this section shall apply with respect 
to licenses, registrations, and other documents 
issued or reissued after 1 year after the date 
of the enactment of this Act. 
SEC. 
3072. 
INDEPENDENT 
VERIFICATION 
OF 
BIRTH 
RECORDS PROVIDED IN SUPPORT OF APPLI-
CATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS. 
(a) APPLICATIONS FOR SOCIAL SECURITY AC-
COUNT
NUMBERS.—Section 205(c)(2)(B)(ii) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
405(c)(2)(B)(ii)) is amended— 
(1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 
(2) by adding at the end the following 
new subclause: 
‘‘(II) With respect to an application for a 
social security account number for an indi-
vidual, other than for purposes of enumera-
tion at birth, the Commissioner shall require
2092 
independent verification of any birth record 
provided by the applicant in support of the ap-
plication. 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 op-
portunity for fraud.’’. 
(b) 
EFFECTIVE
DATE.—The 
amendment 
made by subsection (a) shall apply with re-
spect to applications filed after 270 days after 
the date of the enactment of this Act. 
(c) STUDY REGARDING APPLICATIONS FOR RE-
PLACEMENT SOCIAL SECURITY CARDS.— 
(1) IN
GENERAL.—As soon as prac-
ticable after the date of the enactment of 
this Act, the Commissioner of Social Secu-
rity 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 elec-
2093 
tronic 
processes 
for 
third 
party 
verification of any such identification 
documents which are issued by agencies 
and instrumentalities of the Federal Gov-
ernment and of the States (and political 
subdivisions thereof). 
(2) REPORT.—Not later than 2 years 
after the date of the enactment of this Act, 
the Commissioner shall report to the Com-
mittee on Ways and Means of the House of 
Representatives and the Committee on Fi-
nance of the Senate regarding the results 
of the study undertaken under paragraph 
(1). Such report shall contain such rec-
ommendations for legislative changes as 
the Commissioner considers necessary to 
implement needed improvements in the 
process for verifying identification docu-
ments submitted by applicants for re-
placement social security cards. 
SEC. 3073. ENUMERATION AT BIRTH. 
(a) IMPROVEMENT
OF APPLICATION PROC-
ESS.— 
(1) IN
GENERAL.—As soon as prac-
ticable after the date of the enactment of
2094 
this Act, the Commissioner of Social Secu-
rity 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 prevent— 
(A) the assignment of social secu-
rity account numbers to unnamed 
children; 
(B) the issuance of more than 1 so-
cial security account number to the 
same child; and 
(C) other opportunities for fraudu-
lently obtaining a social security ac-
count number. 
(2) REPORT
TO
THE
CONGRESS.—Not 
later than 1 year after the date of the en-
actment of this Act, the Commissioner 
shall transmit to each House of the Con-
gress a report specifying in detail the ex-
tent to which the improvements required 
under paragraph (1) have been made. 
(b) STUDY REGARDING PROCESS
FOR ENU-
MERATION AT BIRTH.—
2096 
implement needed improvements in the 
process for enumeration at birth. 
SEC. 3074. STUDY RELATING TO USE OF PHOTOGRAPHIC 
IDENTIFICATION IN CONNECTION WITH AP-
PLICATIONS FOR BENEFITS, SOCIAL SECU-
RITY ACCOUNT NUMBERS, AND SOCIAL SECU-
RITY CARDS. 
(a) IN GENERAL.—As soon as practicable 
after the date of the enactment of this Act, the 
Commissioner of Social Security shall under-
take a study to— 
(1) determine the best method of re-
quiring and obtaining photographic iden-
tification of applicants for old-age, sur-
vivors, and disability insurance benefits 
under title II of the Social Security Act, 
for a social security account number, or 
for a replacement social security card, 
and of providing for reasonable excep-
tions to any requirement for photographic 
identification of such applicants that may 
be necessary to promote efficient and ef-
fective administration of such title, and 
(2) evaluate the benefits and costs of 
instituting such a requirement for photo-
2097 
graphic identification, including the de-
gree to which the security and integrity of 
the old-age, survivors, and disability in-
surance program would be enhanced. 
(b) REPORT.—Not later than 18 months 
after the date of the enactment of this Act, the 
Commissioner shall report to the Committee 
on Ways and Means of the House of Represent-
atives and the Committee on Finance of the 
Senate regarding the results of the study un-
dertaken under subsection (a). Such report 
shall contain such recommendations for legis-
lative changes as the Commissioner considers 
necessary relating to requirements for photo-
graphic identification of applicants described 
in subsection (a). 
SEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE RE-
PLACEMENT SOCIAL SECURITY CARDS. 
(a) IN GENERAL.—Section 205(c)(2)(G) of 
the Social Security Act (42 U.S.C. 405(c)(2)(G)) 
is amended by adding at the end the following 
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, ex-
2098 
cept in any case in which the Commissioner 
determines there is minimal opportunity for 
fraud.’’. 
(b) REGULATIONS
AND EFFECTIVE DATE.— 
The Commissioner of Social Security shall 
issue regulations under the amendment made 
by subsection (a) not later than 1 year after the 
date of the enactment of this Act. Systems con-
trols developed by the Commissioner pursuant 
to such amendment shall take effect upon the 
earlier of the issuance of such regulations or 
the end of such 1-year period. 
SEC. 3076. STUDY RELATING TO MODIFICATION OF THE SO-
CIAL SECURITY ACCOUNT NUMBERING SYS-
TEM TO SHOW WORK AUTHORIZATION STA-
TUS. 
(a) IN GENERAL.—As soon as practicable 
after the date of the enactment of this Act, the 
Commissioner of Social Security, in consulta-
tion with the Secretary of Homeland Security, 
shall undertake a study to examine the best 
method of modifying the social security ac-
count number assigned to individuals who— 
(1) are not citizens of the United 
States,
2099 
(2) have not been admitted for perma-
nent residence, and 
(3) are not authorized by the Secretary 
of Homeland Security to work in the 
United States, or are so authorized sub-
ject to one or more restrictions, 
so as to include an indication of such lack of 
authorization to work or such restrictions on 
such an authorization. 
(b) REPORT.—Not later than 1 year after 
the date of the enactment of this Act, the Com-
missioner shall report to the Committee on 
Ways and Means of the House of Representa-
tives and the Committee on Finance of the Sen-
ate regarding the results of the study under-
taken under this section. Such report shall in-
clude the Commissioner’s recommendations of 
feasible options for modifying the social secu-
rity account number in the manner described 
in subsection (a).
2100 
Subtitle C—Targeting Terrorist 
Travel 
SEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS 
AND TRAVEL HISTORY DATABASE. 
(a) IN GENERAL.—Not later than May 31, 
2005, the Comptroller General of the United 
States, the Secretary of State, and the Sec-
retary of Homeland Security each shall submit 
to the Committees on the Judiciary of the 
House of Representatives and of the Senate, 
the Committee on International Relations of 
the House of Representatives, and the Com-
mittee on Foreign Relations of the Senate the 
results of a separate study on the subjects de-
scribed in subsection (c). 
(b) STUDY.—The study submitted by the 
Secretary of State under subsection (a) shall 
be completed by the Office of Visa and Pass-
port Control of the Department of State, in co-
ordination with the appropriate officials of 
the Department of Homeland Security. 
(c) CONTENTS.—The studies described in 
subsection (a) shall examine the feasibility, 
cost, potential benefits, and relative impor-
tance to the objectives of tracking suspected
2101 
terrorists’ travel, and apprehending suspected 
terrorists, of each of the following: 
(1) Requiring nationals of all coun-
tries to present machine-readable, tam-
per-resistant passports that incorporate 
biometric and document authentication 
identifiers. 
(2) Creation of a database containing 
information on the lifetime travel history 
of each foreign national or United States 
citizen who might seek to enter the United 
States or another country at any time, in 
order that border and visa issuance offi-
cials may ascertain the travel history of a 
prospective entrant by means other than a 
passport. 
(d) INCENTIVES.—The studies described in 
subsection (a) shall also make recommenda-
tions on incentives that might be offered to en-
courage foreign nations to participate in the 
initiatives described in paragraphs (1) and (2) 
of subsection (c).
2102 
SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIR-
PORTS. 
(a) IN GENERAL.—Section 235A(a)(4) of the 
Immigration and Nationality Act (8 U.S.C. 
1225(a)(4)) is amended— 
(1) by striking ‘‘October 31, 2000,’’ and 
inserting ‘‘January 1, 2008,’’; 
(2) by striking ‘‘5 additional’’ and in-
serting ‘‘up to 25 additional’’; 
(3) by striking ‘‘number of aliens’’ and 
inserting ‘‘number of inadmissible aliens, 
especially aliens who are potential terror-
ists,’’; 
(4) by striking ‘‘who are inadmissible 
to the United States.’’ and inserting a pe-
riod; and 
(5) by striking ‘‘Attorney General’’ 
each place such term appears and insert-
ing ‘‘Secretary of Homeland Security’’. 
(b) REPORT.—Not later than June 30, 2006, 
the Secretary of Homeland Security and the 
Secretary of State shall report to the Commit-
tees on the Judiciary of the House of Rep-
resentatives and of the Senate, the Committee 
on International Relations of the House of 
Representatives, and the Committee on For-
2103 
eign Relations of the Senate on the progress 
being made in implementing the amendments 
made by subsection (a). 
(c) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out 
the amendments made by subsection (a)— 
(1) $24,000,000 for fiscal year 2005; 
(2) $48,000,000 for fiscal year 2006; 
and 
(3) $97,000,000 for fiscal year 2007. 
SEC. 3083. IMMIGRATION SECURITY INITIATIVE. 
(a) IN GENERAL.—Section 235A(b) of the Im-
migration and Nationality Act (8 U.S.C. 
1225(b)) is amended— 
(1) in the subsection heading, by in-
serting ‘‘AND IMMIGRATION SECURITY INITIA-
TIVE’’ after ‘‘PROGRAM’’; and 
(2) by adding at the end the following: 
‘‘Beginning not later than December 31, 2006, 
the number of airports selected for an assign-
ment under this subsection shall be at least 
50.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to the
2104 
Secretary of Homeland Security to carry out 
the amendments made by subsection (a)— 
(1) $25,000,000 for fiscal year 2005; 
(2) $40,000,000 for fiscal year 2006; 
and 
(3) $40,000,000 for fiscal year 2007. 
SEC. 3084. RESPONSIBILITIES AND FUNCTIONS OF CON-
SULAR OFFICERS. 
(a) INCREASED NUMBER OF CONSULAR OFFI-
CERS.—The Secretary of State, in each of fiscal 
years 2006 through 2009, may increase by 150 
the number of positions for consular officers 
above the number of such positions for which 
funds were allotted for the preceding fiscal 
year. 
(b) LIMITATION ON USE OF FOREIGN NATION-
ALS FOR NONIMMIGRANT VISA SCREENING.—Sec-
tion 222(d) of the Immigration and Nation-
ality Act (8 U.S.C. 1202(d)) is amended by add-
ing at the end the following: 
‘‘All nonimmigrant visa applications shall be 
reviewed and adjudicated by a consular offi-
cer.’’. 
(c) TRAINING
FOR CONSULAR OFFICERS
IN 
DETECTION OF FRAUDULENT DOCUMENTS.—Sec-
2105 
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 immigra-
tion officers conducting inspections of appli-
cants for admission into the United States at 
ports of entry.’’. 
(d) ASSIGNMENT
OF ANTI-FRAUD SPECIAL-
ISTS.— 
(1) 
SURVEY
REGARDING
DOCUMENT 
FRAUD.—The Secretary of State, in coordi-
nation with the Secretary of Homeland 
Security, shall conduct a survey of each 
diplomatic and consular post at which 
visas are issued to assess the extent to 
which fraudulent documents are pre-
sented by visa applicants to consular offi-
cers at such posts. 
(2) PLACEMENT
OF
SPECIALIST.—Not 
later than July 31, 2005, the Secretary
2106 
shall, in coordination with the Secretary 
of Homeland Security, identify 100 of such 
posts that experience the greatest fre-
quency of presentation of fraudulent doc-
uments by visa applicants. The Secretary 
shall place in each such post at least one 
full-time anti-fraud specialist employed by 
the Department of State to assist the con-
sular officers at each such post in the de-
tection of such fraud. 
SEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RE-
LATED ACTIVITY. 
Section 1028 of title 18, United States Code, 
relating to penalties for fraud and related ac-
tivity in connection with identification docu-
ments and information, is amended— 
(1) in subsection (b)(1)(A)(i), by strik-
ing ‘‘issued by or under the authority of 
the United States’’ and inserting the fol-
lowing: ‘‘as described in subsection (d)’’; 
(2) in subsection (b)(2), by striking 
‘‘three years’’ and inserting ‘‘six years’’; 
(3) in subsection (b)(3), by striking ‘‘20 
years’’ and inserting ‘‘25 years’’;
2107 
(4) in subsection (b)(4), by striking ‘‘25 
years’’ and inserting ‘‘30 years’’; and 
(5) in subsection (c)(1), by inserting 
after ‘‘United States’’ the following: ‘‘Gov-
ernment, a State, political subdivision of 
a State, a foreign government, political 
subdivision of a foreign government, an 
international governmental or an inter-
national 
quasi-governmental 
organiza-
tion,’’. 
SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITI-
ZENSHIP. 
Section 1015 of title 18, United States Code, 
is amended— 
(1) by striking the dash at the end of 
subsection (f) and inserting ‘‘; or’’; and 
(2) by inserting after subsection (f) the 
following: 
‘‘(g) Whoever knowingly makes any false 
statement or claim that he is a citizen of the 
United States in order to enter into, or remain 
in, the United States—’’.
2108 
SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF THE 
DEPARTMENT OF STATE. 
(a) 
LIMITATION.—Notwithstanding 
any 
other provision of law, the Secretary of State 
shall ensure, subject to subsection (b), that the 
Antiterrorism Assistance Training (ATA) pro-
gram of the Department of State (or any suc-
cessor or related program) under chapter 8 of 
part II of the Foreign Assistance Act of 1961 
(22 U.S.C. 2349aa et seq.) (or other relevant 
provisions of law) is carried out primarily to 
provide training to host nation security serv-
ices for the specific purpose of ensuring the 
physical security and safety of United States 
Government facilities and personnel abroad 
(as well as foreign dignitaries and training re-
lated to the protection of such dignitaries), in-
cluding security detail training and offenses 
related to passport or visa fraud. 
(b) EXCEPTION.—The limitation contained 
in subsection (a) shall not apply, and the Sec-
retary of State may expand the ATA program 
to include other types of antiterrorism assist-
ance training, if the Secretary first consults 
with the Attorney General and provides writ-
2109 
ten notification of such proposed expansion to 
the appropriate congressional committees. 
(c) DEFINITION.—In this section, the term 
‘‘appropriate 
congressional 
committees’’ 
means— 
(1) the Committee on International 
Relations and the Committee on the Judi-
ciary of the House of Representatives; and 
(2) the Committee on Foreign Rela-
tions and the Committee on the Judiciary 
of the Senate. 
SEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND 
CURTAIL TERRORIST TRAVEL THROUGH THE 
USE OF FRAUDULENTLY OBTAINED DOCU-
MENTS. 
(a) FINDINGS.—Congress finds the fol-
lowing: 
(1) 
International 
terrorists 
travel 
across international borders to raise 
funds, recruit members, train for oper-
ations, escape capture, communicate, and 
plan and carry out attacks. 
(2) The international terrorists who 
planned and carried out the attack on the 
World Trade Center on February 26, 1993,
2110 
the attack on the embassies of the United 
States in Kenya and Tanzania on August 
7, 1998, the attack on the USS Cole on Oc-
tober 12, 2000, and the attack on the 
World Trade Center and the Pentagon on 
September 11, 2001, traveled across inter-
national borders to plan and carry out 
these attacks. 
(3) The international terrorists who 
planned other attacks on the United 
States, including the plot to bomb New 
York City landmarks in 1993, the plot to 
bomb the New York City subway in 1997, 
and the millennium plot to bomb Los An-
geles International Airport on December 
31, 1999, traveled across international 
borders to plan and carry out these at-
tacks. 
(4) Many of the international terror-
ists who planned and carried out large- 
scale attacks against foreign targets, in-
cluding the attack in Bali, Indonesia, on 
October 11, 2002, and the attack in Ma-
drid, Spain, on March 11, 2004, traveled
2111 
across international borders to plan and 
carry out these attacks. 
(5) 
Throughout 
the 
1990s, 
inter-
national terrorists, including those in-
volved in the attack on the World Trade 
Center on February 26, 1993, the plot to 
bomb New York City landmarks in 1993, 
and the millennium plot to bomb Los An-
geles International Airport on December 
31, 1999, traveled on fraudulent passports 
and often had more than one passport. 
(6) Two of the September 11, 2001, hi-
jackers were carrying passports that had 
been manipulated in a fraudulent man-
ner and several other hijackers whose 
passports did not survive the attacks on 
the World Trade Center and Pentagon 
were likely to have carried passports that 
were similarly manipulated. 
(7) The National Commission on Ter-
rorist Attacks upon the United States, 
(commonly referred to as the 9/11 Commis-
sion), stated that ‘‘Targeting travel is at 
least as powerful a weapon against ter-
rorists as targeting their money.’’.
2112 
(b) INTERNATIONAL AGREEMENTS TO TRACK 
AND CURTAIL TERRORIST TRAVEL.— 
(1) 
INTERNATIONAL
AGREEMENT
ON 
LOST, STOLEN, OR FALSIFIED DOCUMENTS.— 
The President shall lead efforts to track 
and curtail the travel of terrorists by sup-
porting the drafting, adoption, and imple-
mentation of international agreements, 
and by supporting the expansion of exist-
ing international agreements, to track 
and stop international travel by terrorists 
and other criminals through the use of 
lost, stolen, or falsified documents to aug-
ment existing United Nations and other 
international anti-terrorism efforts. 
(2) CONTENTS OF INTERNATIONAL AGREE-
MENT.—The President shall seek, in the 
appropriate fora, the drafting, adoption, 
and implementation of an effective inter-
national agreement requiring— 
(A) the establishment of a system 
to share information on lost, stolen, 
and fraudulent passports and other 
travel documents for the purposes of 
preventing the undetected travel of
2113 
persons using such passports and 
other travel documents that were ob-
tained improperly; 
(B) the establishment and imple-
mentation of a real-time verification 
system of passports and other travel 
documents with issuing authorities; 
(C) the assumption of an obliga-
tion by countries that are parties to 
the agreement to share with officials 
at ports of entry in any such country 
information relating to lost, stolen, 
and fraudulent passports and other 
travel documents; 
(D) the assumption of an obliga-
tion by countries that are parties to 
the agreement— 
(i) to criminalize— 
(I) 
the 
falsification 
or 
counterfeiting of travel docu-
ments or breeder documents 
for any purpose; 
(II) the use or attempted 
use of false documents to ob-
2114 
tain a visa or cross a border 
for any purpose; 
(III) the possession of tools 
or implements used to falsify 
or counterfeit such documents; 
(IV) 
the 
trafficking 
in 
false or stolen travel docu-
ments and breeder documents 
for any purpose; 
(V) the facilitation of trav-
el by a terrorist; and 
(VI) attempts to commit, 
including conspiracies to com-
mit, 
the 
crimes 
specified 
above; 
(ii) to impose significant pen-
alties so as to appropriately pun-
ish violations and effectively deter 
these crimes; and 
(iii) to limit the issuance of 
citizenship 
papers, 
passports, 
identification documents, and the 
like to persons whose identity is 
proven to the issuing authority, 
who have a bona fide entitlement
2115 
to or need for such documents, 
and who are not issued such docu-
ments principally on account of a 
disproportional payment made by 
them or on their behalf to the 
issuing authority; 
(E) the provision of technical as-
sistance to State Parties to help them 
meet their obligations under the con-
vention; 
(F) the establishment and imple-
mentation of a system of self-assess-
ments and peer reviews to examine the 
degree of compliance with the conven-
tion; and 
(G) an agreement that would per-
mit immigration and border officials 
to confiscate a lost, stolen, or falsified 
passport at ports of entry and permit 
the traveler to return to the sending 
country without being in possession of 
the lost, stolen, or falsified passport, 
and for the detention and investiga-
tion of such traveler upon the return 
of the traveler to the sending country.
2116 
(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 fea-
tures of passports and other travel docu-
ments. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than one 
year after the date of the enactment of 
this Act, and at least annually thereafter, 
the President shall submit to the appro-
priate congressional committees a report 
on progress toward achieving the goals 
described in subsection (b). 
(2) 
TERMINATION.—Paragraph 
(1) 
shall cease to be effective when the Presi-
dent certifies to the Committee on Inter-
national Relations of the House of Rep-
resentatives and the Committee on For-
eign Relations of the Senate that the goals 
described in subsection (b) have been fully 
achieved.
2117 
SEC. 3089. INTERNATIONAL STANDARDS FOR TRANSLATION 
OF NAMES INTO THE ROMAN ALPHABET FOR 
INTERNATIONAL TRAVEL DOCUMENTS AND 
NAME-BASED WATCHLIST SYSTEMS. 
(a) FINDINGS.—Congress finds that— 
(1) the current lack of a single con-
vention for translating Arabic names en-
abled some of the 19 hijackers of aircraft 
used in the terrorist attacks against the 
United States that occurred on September 
11, 2001, to vary the spelling of their 
names to defeat name-based terrorist 
watchlist systems and to make more dif-
ficult any potential efforts to locate them; 
and 
(2) although the development and uti-
lization of terrorist watchlist systems 
using biometric identifiers will be helpful, 
the full development and utilization of 
such systems will take several years, and 
name-based terrorist watchlist systems 
will always be useful. 
(b) SENSE OF CONGRESS.—It is the sense of 
Congress that the President should seek to 
enter into an international agreement to mod-
ernize and improve standards for the trans-
2118 
lation of names into the Roman alphabet in 
order to ensure one common spelling for such 
names for international travel documents and 
name-based watchlist systems. 
SEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 
(a) FINDINGS.—Consistent with the report 
of the National Commission on Terrorist At-
tacks Upon the United States, Congress finds 
that completing a biometric entry and exit 
data system as expeditiously as possible is an 
essential investment in efforts to protect the 
United States by preventing the entry of terror-
ists. 
(b) PLAN AND REPORT.— 
(1) DEVELOPMENT
OF
PLAN.—The Sec-
retary of Homeland Security shall develop 
a plan to accelerate the full implementa-
tion of an automated biometric entry and 
exit data system required by applicable 
sections of— 
(A) the Illegal Immigration Re-
form and Immigrant Responsibility 
Act of 1996 (Public Law 104–208); 
(B) the Immigration and Natu-
ralization Service Data Management
2119 
Improvement Act of 2000 (Public Law 
106–205); 
(C) the Visa Waiver Permanent 
Program Act (Public Law 106–396); 
(D) the Enhanced Border Security 
and Visa Entry Reform Act of 2002 
(Public Law 107–173); and 
(E) the Uniting and Strengthening 
America by Providing Appropriate 
Tools Required to Intercept and Ob-
struct Terrorism Act of 2001 (Public 
Law 107–56). 
(2) REPORT.—Not later than 180 days 
after the date of the enactment of this Act, 
the Secretary shall submit a report to 
Congress on the plan developed under 
paragraph (1), which shall contain— 
(A) a description of the current 
functionality of the entry and exit 
data system, including— 
(i) a listing of ports of entry 
with biometric entry data systems 
in use and whether such screening 
systems are located at primary or 
secondary inspection areas;
2120 
(ii) a listing of ports of entry 
with biometric exit data systems 
in use; 
(iii) a listing of databases and 
data systems with which the auto-
mated entry and exit data system 
are interoperable; 
(iv) a description of— 
(I) identified deficiencies 
concerning the accuracy or in-
tegrity of the information con-
tained in the entry and exit 
data system; 
(II) identified deficiencies 
concerning technology associ-
ated with processing individ-
uals through the system; and 
(III) programs or policies 
planned or implemented to 
correct problems identified in 
subclause (I) or (II); and 
(v) an assessment of the effec-
tiveness of the entry and exit data 
system in fulfilling its intended 
purposes, 
including 
preventing
2121 
terrorists 
from 
entering 
the 
United States; 
(B) a description of factors rel-
evant to the accelerated implementa-
tion of the biometric entry and exit 
system, including— 
(i) the earliest date on which 
the Secretary estimates that full 
implementation of the biometric 
entry and exit data system can be 
completed; 
(ii) the actions the Secretary 
will take to accelerate the full im-
plementation 
of 
the 
biometric 
entry and exit data system at all 
ports of entry through which all 
aliens must pass that are legally 
required to do so; and 
(iii) the resources and au-
thorities required to enable the 
Secretary to meet the implementa-
tion date described in clause (i); 
(C) a description of any improve-
ments needed in the information tech-
2122 
nology employed for the entry and exit 
data system; and 
(D) a description of plans for im-
proved or added interoperability with 
any other databases or data systems. 
(c) INTEGRATION REQUIREMENT.—Not later 
than 2 years after the date of the enactment of 
this Act, the Secretary shall integrate the bio-
metric entry and exit data system with all 
databases and data systems maintained by the 
United States Citizenship and Immigration 
Services that process or contain information 
on aliens. 
(d) MAINTAINING ACCURACY AND INTEGRITY 
OF ENTRY AND EXIT DATA SYSTEM.— 
(1) IN
GENERAL.—The Secretary, in 
consultation with other appropriate agen-
cies, shall establish rules, guidelines, poli-
cies, and operating and auditing proce-
dures for collecting, removing, and updat-
ing 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,
2123 
that ensure the accuracy and integrity of 
the data. 
(2) REQUIREMENTS.—The rules, guide-
lines, policies, and procedures established 
under paragraph (1) shall— 
(A) incorporate a simple and time-
ly method for— 
(i) correcting errors; and 
(ii) 
clarifying 
information 
known to cause false hits or 
misidentification errors; and 
(B) include procedures for individ-
uals to seek corrections of data con-
tained in the data systems. 
(e) 
EXPEDITING
REGISTERED
TRAVELERS 
ACROSS INTERNATIONAL BORDERS.— 
(1) FINDINGS.—Consistent with the re-
port of the National Commission on Ter-
rorist Attacks Upon the United States, 
Congress finds that— 
(A) expediting the travel of pre-
viously screened and known travelers 
across the borders of the United States 
should be a high priority; and
2124 
(B) 
the 
process 
of 
expediting 
known travelers across the border can 
permit inspectors to better focus on 
identifying terrorists attempting to 
enter the United States. 
(2) DEFINITION.—The term ‘‘registered 
traveler program’’ means any program de-
signed to expedite 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 
practicable, the Secretary shall de-
velop and implement a plan to expe-
dite the processing of registered trav-
elers who enter and exit the United 
States through a single registered 
traveler program. 
(B) INTEGRATION.—The registered 
traveler program developed under this 
paragraph shall be integrated into 
the automated biometric entry and 
exit data system described in this sec-
tion.
2125 
(C) REVIEW
AND
EVALUATION.—In 
developing the program under this 
paragraph, the Secretary shall— 
(i) review existing programs or 
pilot projects designed to expedite 
the travel of registered travelers 
across the borders of the United 
States; 
(ii) evaluate the effectiveness 
of 
the 
programs 
described 
in 
clause (i), the costs associated 
with such programs, and the costs 
to travelers to join such programs; 
and 
(iii) increase research and de-
velopment efforts to accelerate the 
development and implementation 
of a single registered traveler pro-
gram. 
(4) REPORT.—Not later than 1 year 
after the date of the enactment of this Act, 
the Secretary shall submit to the Congress 
a report describing the Department’s 
progress on the development and imple-
2126 
mentation of the plan required by this 
subsection. 
(f) AUTHORIZATION
OF APPROPRIATIONS.— 
There are authorized to be appropriated to the 
Secretary, for each of the fiscal years 2005 
through 2009, such sums as may be necessary 
to carry out the provisions of this section. 
SEC. 3091. ENHANCED RESPONSIBILITIES OF THE COORDI-
NATOR FOR counterterrorism. 
(a) DECLARATION OF UNITED STATES POL-
ICY.—Congress declares that it shall be the pol-
icy of the United States to— 
(1) make combating terrorist travel 
and those who assist them a priority for 
the United States counterterrorism policy; 
and 
(2) ensure that the information relat-
ing to individuals who help facilitate ter-
rorist travel by creating false passports, 
visas, documents used to obtain such trav-
el documents, and other documents are 
fully shared within the United States Gov-
ernment and, to the extent possible, with 
and from foreign governments, in order to
2127 
initiate United States and foreign pros-
ecutions of such individuals. 
(b) AMENDMENT.—Section 1(e)(2) of the 
State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a(e)(2)) is amended by add-
ing at the end the following: 
‘‘(C) ADDITIONAL
DUTIES
RELATING 
TO TERRORIST TRAVEL.—In addition to 
the principal duties of the Coordi-
nator described in subparagraph (B), 
the Coordinator shall analyze meth-
ods used by terrorists to travel inter-
nationally, develop policies with re-
spect to curtailing terrorist travel, 
and coordinate such policies with the 
appropriate bureaus and other enti-
ties of the Department of State, other 
United States Government agencies, 
the Human Trafficking and Smug-
gling Center, and foreign govern-
ments.’’.
2128 
SEC. 3092. ESTABLISHMENT OF OFFICE OF VISA AND PASS-
PORT SECURITY IN THE DEPARTMENT OF 
STATE. 
(a) ESTABLISHMENT.—There is established 
within the Bureau of Diplomatic Security of 
the Department of State an Office of Visa and 
Passport Security (in this section referred to 
as the ‘‘Office’’). 
(b) HEAD OF OFFICE.— 
(1) IN GENERAL.—Notwithstanding any 
other provision of law, the head of the Of-
fice shall be an individual who shall have 
the rank and status of Deputy Assistant 
Secretary of State for Diplomatic Security 
(in this section referred to as the ‘‘Deputy 
Assistant Secretary’’). 
(2) 
RECRUITMENT.—The 
Under 
Sec-
retary of State for Management shall 
chose the Deputy Assistant Secretary from 
among individuals who are Diplomatic 
Security Agents. 
(3) QUALIFICATIONS.—The Diplomatic 
Security Agent chosen to serve as the Dep-
uty Assistant Secretary shall have exper-
tise and experience in investigating and 
prosecuting visa and passport fraud.
2129 
(c) DUTIES.— 
(1) PREPARATION OF STRATEGIC PLAN.— 
(A) IN
GENERAL.—The Deputy As-
sistant 
Secretary, 
in 
coordination 
with the appropriate officials of the 
Department of Homeland Security, 
shall ensure the preparation of a stra-
tegic plan to target and disrupt indi-
viduals and organizations at home 
and in foreign countries that are in-
volved in the fraudulent production, 
distribution, use, or other similar ac-
tivity— 
(i) of a United States visa or 
United States passport; 
(ii) of documents intended to 
help 
fraudulently 
procure 
a 
United 
States 
visa 
or 
United 
States passport, or other docu-
ments intended to gain unlawful 
entry into the United States; or 
(iii) of passports and visas 
issued by foreign countries in-
tended to gain unlawful entry into 
the United States.
2130 
(B) EMPHASIS.—Such plan shall— 
(i) focus particular emphasis 
on individuals and organizations 
that may have links to domestic 
terrorist organizations or foreign 
terrorist organizations (as such 
term is defined in Section 219 of 
the Immigration and Nationality 
Act (8 U.S.C. 1189)); 
(ii) require the development of 
a strategic training course under 
the 
Antiterrorism 
Assistance 
Training (ATA) program of the 
Department of State (or any suc-
cessor 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 partici-
pants 
in 
the 
identification 
of 
fraudulent documents and the fo-
rensic detection of such docu-
ments which may be used to ob-
tain 
unlawful 
entry 
into 
the 
United States; and
2131 
(iii) determine the benefits 
and costs of providing technical 
assistance to foreign governments 
to ensure the security of passports, 
visas, and related documents and 
to investigate, arrest, and pros-
ecute individuals who facilitate 
travel by the creation of false 
passports and visas, documents to 
obtain such passports and visas, 
and other types of travel docu-
ments. 
(2) DUTIES
OF
OFFICE.—The Office 
shall have the following duties: 
(A) ANALYSIS
OF
METHODS.—Ana-
lyze methods used by terrorists to trav-
el 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 process 
that could combat such methods, in-
cluding the introduction of new tech-
nologies into such process.
2132 
(B) IDENTIFICATION OF INDIVIDUALS 
AND DOCUMENTS.—Identify, in coopera-
tion with the Human Trafficking and 
Smuggling Center, individuals who 
facilitate travel by the creation of 
false passports and visas, documents 
used to obtain such passports and 
visas, and other types of travel docu-
ments, and ensure that the appro-
priate agency is notified for further 
investigation and prosecution or, in 
the case of such individuals abroad 
for which no further investigation or 
prosecution is initiated, ensure that 
all appropriate information is shared 
with foreign governments in order to 
facilitate investigation, arrest, and 
prosecution of such individuals. 
(C) 
IDENTIFICATION
OF
FOREIGN 
COUNTRIES NEEDING ASSISTANCE.—Iden-
tify foreign countries that need tech-
nical assistance, such as law reform, 
administrative reform, prosecutorial 
training, or assistance to police and 
other investigative services, to ensure
2133 
passport, visa, and related document 
security and to investigate, arrest, 
and prosecute individuals who facili-
tate travel by the creation of false 
passports and visas, documents used 
to obtain such passports and visas, 
and other types of travel documents. 
(D) INSPECTION OF APPLICATIONS.— 
Randomly inspect visa and passport 
applications for accuracy, efficiency, 
and fraud, especially at high terrorist 
threat posts, in order to prevent a re-
currence of the issuance of visas to 
those who submit incomplete, fraudu-
lent, or otherwise irregular or incom-
plete applications. 
(3) REPORT.—Not later than 90 days 
after the date of the enactment of this Act, 
the Deputy Assistant Secretary shall sub-
mit to Congress a report containing— 
(A) a description of the strategic 
plan prepared under paragraph (1); 
and 
(B) an evaluation of the feasibility 
of establishing civil service positions
2134 
in field offices of the Bureau of Diplo-
matic Security to investigate visa and 
passport fraud, including an evalua-
tion of whether to allow diplomatic se-
curity agents to convert to civil service 
officers to fill such positions. 
Subtitle D—Terrorist Travel 
SEC. 3101. INFORMATION SHARING AND COORDINATION. 
The Secretary of Homeland Security shall 
establish a mechanism to— 
(1) ensure the coordination and dis-
semination of terrorist travel intelligence 
and operational information among the 
appropriate agencies within the Depart-
ment of Homeland Security, including the 
Bureau of Customs and Border Protection, 
the Bureau of Immigration and Customs 
Enforcement, the Bureau of Citizenship 
and Immigration Services, the Transpor-
tation Security Administration, the Coast 
Guard, and other agencies as directed by 
the Secretary; and 
(2) ensure the sharing of terrorist 
travel intelligence and operational infor-
mation with the Department of State, the
2135 
National counterterrorism Center, and 
other appropriate Federal agencies. 
SEC. 3102. TERRORIST TRAVEL PROGRAM. 
The Secretary of Homeland Security shall 
establish a program to— 
(1) analyze and utilize information 
and intelligence regarding terrorist travel 
tactics, patterns, trends, and practices; 
and 
(2) disseminate that information to all 
front-line Department of Homeland Secu-
rity personnel who are at ports of entry or 
between ports of entry, to immigration 
benefits offices, and, in coordination with 
the Secretary of State, to appropriate in-
dividuals at United States embassies and 
consulates. 
SEC. 3103. TRAINING PROGRAM. 
(a) REVIEW, EVALUATION, AND REVISION OF 
EXISTING TRAINING PROGRAMS.—The Secretary 
of Homeland Security shall— 
(1) review and evaluate the training 
currently 
provided 
to 
Department 
of 
Homeland Security personnel and, in con-
sultation with the Secretary of State, rel-
2136 
evant Department of State personnel with 
respect to travel and identity documents, 
and techniques, patterns, and trends asso-
ciated with terrorist travel; and 
(2) develop and implement a revised 
training program for border, immigra-
tion, and consular officials in order to 
teach such officials how to effectively de-
tect, intercept, and disrupt terrorist trav-
el. 
(b) REQUIRED
TOPICS
OF
REVISED
PRO-
GRAMS.—The 
training 
program 
developed 
under subsection (a)(2) shall include training 
in the following areas: 
(1) Methods for identifying fraudulent 
and genuine travel documents. 
(2) Methods for detecting terrorist in-
dicators on travel documents and other 
relevant identity documents. 
(3) Recognizing travel patterns, tac-
tics, and behaviors exhibited by terrorists. 
(4) Effectively utilizing information 
contained in databases and data systems 
available to the Department of Homeland 
Security.
2137 
(5) Other topics determined to be ap-
propriate by the Secretary of Homeland 
Security in consultation with the Sec-
retary of State or the National Intel-
ligence Director. 
SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINA-
TION PLAN. 
(a) PLAN REQUIRED.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary of Homeland Security, in 
consultation with the Secretary of State, shall 
submit to the Congress a plan to ensure that 
the Department of Homeland Security and the 
Department of State acquire and deploy, to all 
consulates, ports of entry, and immigration 
benefits offices, technologies that facilitate 
document authentication and the detection of 
potential terrorist indicators on travel docu-
ments. 
(b) INTEROPERABILITY
REQUIREMENT.—To 
the extent possible, technologies to be acquired 
and deployed under the plan shall be compat-
ible with current systems used by the Depart-
ment of Homeland Security to detect and iden-
2138 
tify fraudulent documents and genuine docu-
ments. 
(c) PASSPORT SCREENING.—The plan shall 
address the feasibility of using such tech-
nologies to screen passports submitted for 
identification purposes to a United States con-
sular, border, or immigration official. 
Subtitle E—Maritime Security 
Requirements 
SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARI-
TIME SECURITY REQUIREMENTS. 
(a) NATIONAL MARITIME TRANSPORTATION 
SECURITY PLAN.—Section 70103(a) of the 46, 
United States Code, is amended by striking 
‘‘The Secretary’’ and inserting ‘‘Not later than 
December 31, 2004, the Secretary’’. 
(b) FACILITY AND VESSEL VULNERABILITY AS-
SESSMENTS.—Section 70102(b)(1) of the 46, 
United States Code, is amended by striking ‘‘, 
the Secretary’’ and inserting ‘‘and by not later 
than December 31, 2004, the Secretary’’. 
(c) TRANSPORTATION SECURITY CARD REGU-
LATIONS.—Section 70105(a) of the 46, United 
States Code, is amended by striking ‘‘The Sec-
2139 
retary’’ and inserting ‘‘Not later than Decem-
ber 31, 2004, the Secretary’’. 
TITLE IV—INTERNATIONAL CO-
OPERATION AND COORDINA-
TION 
Subtitle A—Attack Terrorists and 
Their Organizations 
CHAPTER 1—PROVISIONS RELATING TO 
TERRORIST SANCTUARIES 
SEC. 4001. UNITED STATES POLICY ON TERRORIST SANC-
TUARIES. 
It is the sense of Congress that it should 
be the policy of the United States— 
(1) to identify and prioritize foreign 
countries that are or that could be used 
as terrorist sanctuaries; 
(2) to assess current United States re-
sources being provided to such foreign 
countries; 
(3) to develop and implement a coordi-
nated strategy to prevent terrorists from 
using such foreign countries as sanc-
tuaries; and
2140 
(4) to work in bilateral and multilat-
eral fora to prevent foreign countries from 
being used as terrorist sanctuaries. 
SEC. 4002. REPORTS ON TERRORIST SANCTUARIES. 
(a) INITIAL REPORT.— 
(1) IN
GENERAL.—Not later than 90 
days after the date of the enactment of 
this Act, the President shall transmit to 
Congress a report that describes a strat-
egy for addressing and, where possible, 
eliminating terrorist sanctuaries. 
(2) CONTENT.—The report required 
under this subsection shall include the 
following: 
(A) A list that prioritizes each ac-
tual and potential terrorist sanctuary 
and a description of activities in the 
actual and potential sanctuaries. 
(B) An outline of strategies for 
preventing the use of, disrupting, or 
ending the use of such sanctuaries. 
(C) A detailed description of ef-
forts, including an assessment of suc-
cesses and setbacks, by the United 
States to work with other countries in
2141 
bilateral and multilateral fora to ad-
dress or eliminate each actual or po-
tential terrorist sanctuary and dis-
rupt or eliminate the security pro-
vided to terrorists by each such sanc-
tuary. 
(D) A description of long-term 
goals and actions designed to reduce 
the conditions that allow the forma-
tion of terrorist sanctuaries. 
(b) SUBSEQUENT REPORTS.— 
(1) REQUIREMENT OF REPORTS.—Section 
140(a)(1) of the Foreign Relations Author-
ization Act, Fiscal Years 1988 and 1989 
(22 U.S.C. 2656f(a)(1)) is amended— 
(A) by striking ‘‘(1)’’ and inserting 
‘‘(1)(A)’’; 
(B) 
by 
redesignating 
subpara-
graphs (A) through (C) as clauses (i) 
through (iii), respectively; 
(C) in subparagraph (A)(iii) (as 
redesignated), by adding ‘‘and’’ at the 
end; and 
(D) by adding at the end the fol-
lowing:
2142 
‘‘(B) detailed assessments with respect 
to each foreign country whose territory is 
being used or could potentially be used as 
a sanctuary for terrorists or terrorist or-
ganizations;’’. 
(2) PROVISIONS TO BE INCLUDED IN RE-
PORT.—Section 140(b) of such Act (22 
U.S.C. 2656f(b)) is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding 
subparagraph 
(A), 
by 
striking 
‘‘subsection (a)(1)’’ and inserting 
‘‘subsection (a)(1)(A)’’; and 
(ii) by striking ‘‘and’’ at the 
end; 
(B) by redesignating paragraph 
(2) as paragraph (3); 
(C) by inserting after paragraph 
(1) the following: 
‘‘(2) 
with 
respect 
to 
subsection 
(a)(1)(B)— 
‘‘(A) the extent of knowledge by the 
government of the country with re-
spect to terrorist activities in the terri-
tory of the country; and
2143 
‘‘(B) the actions by the country— 
‘‘(i) to eliminate each terrorist 
sanctuary in the territory of the 
country; 
‘‘(ii) to cooperate with United 
States antiterrorism efforts; and 
‘‘(iii) to prevent the prolifera-
tion of and trafficking in weapons 
of 
mass 
destruction 
in 
and 
through the territory of the coun-
try;’’; 
(D) by striking the period at the 
end of paragraph (3) (as redesig-
nated) and inserting a semicolon; and 
(E) by inserting after paragraph 
(3) (as redesignated) the following: 
‘‘(4) a strategy for addressing and, 
where possible, eliminating terrorist sanc-
tuaries that shall include— 
‘‘(A) a description of actual and 
potential 
terrorist 
sanctuaries, 
to-
gether with an assessment of the pri-
orities of addressing and eliminating 
such sanctuaries;
2144 
‘‘(B) an outline of strategies for 
disrupting or eliminating the security 
provided to terrorists by such sanc-
tuaries; 
‘‘(C) a description of efforts by the 
United States to work with other 
countries in bilateral and multilat-
eral fora to address or eliminate ac-
tual or potential terrorist sanctuaries 
and disrupt or eliminate the security 
provided to terrorists by such sanc-
tuaries; and 
‘‘(D) a description of long-term 
goals and actions designed to reduce 
the conditions that allow the forma-
tion of terrorist sanctuaries; 
‘‘(5) an update of the information con-
tained in the report required to be trans-
mitted to Congress pursuant to section 
4002(a)(2) of the 9/11 Recommendations 
Implementation Act; 
‘‘(6) to the extent practicable, complete 
statistical information on the number of 
individuals, including United States citi-
zens and dual nationals, killed, injured,
2145 
or kidnapped by each terrorist group dur-
ing the preceding calendar year; and 
‘‘(7) an analysis, as appropriate, relat-
ing to trends in international terrorism, 
including changes in technology used, 
methods and targets of attacks, demo-
graphic information on terrorists, and 
other appropriate information.’’. 
(3) DEFINITIONS.—Section 140(d) of 
such Act (22 U.S.C. 2656f(d)) is amended— 
(A) in paragraph (2), by striking 
‘‘and’’ at the end; 
(B) in paragraph (3), by striking 
the period at the end and inserting a 
semicolon; and 
(C) by adding at the end the fol-
lowing: 
‘‘(4) the term ‘territory’ and ‘territory 
of the country’ means the land, waters, 
and airspace of the country; and 
‘‘(5) the term ‘terrorist sanctuary’ or 
‘sanctuary’ means an area in the territory 
of a country that is used by a terrorist 
group with the express or implied consent 
of the government of the country—
2146 
‘‘(A) to carry out terrorist activi-
ties, including training, fundraising, 
financing, recruitment, and education 
activities; or 
‘‘(B) to provide transit through the 
country.’’. 
(4) EFFECTIVE DATE.—The amendments 
made by paragraphs (1), (2), and (3) apply 
with respect to the report required to be 
transmitted under section 140 of the For-
eign Relations Authorization Act, Fiscal 
Years 1988 and 1989, by April 30, 2006, 
and by April 30 of each subsequent year. 
SEC. 4003. AMENDMENTS TO EXISTING LAW TO INCLUDE 
TERRORIST SANCTUARIES. 
(a) AMENDMENTS.—Section 6(j) of the Ex-
port Administration Act of 1979 (50 U.S.C. App. 
2405(j)) is amended— 
(1) in paragraph (1)— 
(A) 
by 
redesignating 
subpara-
graph (B) as subparagraph (C); and 
(B) by inserting after subpara-
graph (A) the following:
2147 
‘‘(B) Any part of the territory of the 
country is being used as a sanctuary for 
terrorists or terrorist organizations.’’; 
(2) in paragraph (3), by striking 
‘‘paragraph (1)(A)’’ and inserting ‘‘sub-
paragraph (A) or (B) of paragraph (1)’’; 
(3) by redesignating paragraph (5) as 
paragraph (6); 
(4) by inserting after paragraph (4) 
the following: 
‘‘(5) A determination made by the Sec-
retary of State under paragraph (1)(B) may 
not be rescinded unless the President submits 
to the Speaker of the House of Representatives 
and the chairman of the Committee on Bank-
ing, Housing, and Urban Affairs and the 
chairman of the Committee on Foreign Rela-
tions of the Senate before the proposed rescis-
sion would take effect a report certifying that 
the government of the country concerned — 
‘‘(A) is taking concrete, verifiable 
steps to eliminate each terrorist sanctuary 
in the territory of the country; 
‘‘(B) is cooperating with United States 
antiterrorism efforts; and
2148 
‘‘(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 country.’’; 
and 
(5) by inserting after paragraph (6) 
(as redesignated) the following: 
‘‘(7) In this subsection— 
‘‘(A) the term ‘territory of the country’ 
means the land, waters, and airspace of 
the country; and 
‘‘(B) the term ‘terrorist sanctuary’ or 
‘sanctuary’ means an area in the territory 
of a country that is used by a terrorist 
group with the express or implied consent 
of the government of the country— 
‘‘(i) to carry out terrorist activi-
ties, including training, fundraising, 
financing, recruitment, and education 
activities; or 
‘‘(ii) to provide transit through the 
country.’’. 
(b) IMPLEMENTATION.—The President shall 
implement the amendments made by sub-
section (a) by exercising the authorities the
2149 
President has under the International Emer-
gency Economic Powers Act (50 U.S.C. 1701 et 
seq.). 
CHAPTER 2—OTHER PROVISIONS 
SEC. 4011. APPOINTMENTS TO FILL VACANCIES IN ARMS 
CONTROL AND NONPROLIFERATION ADVI-
SORY BOARD. 
(a) REQUIREMENT.—Not later than Decem-
ber 31, 2004, the Secretary of State shall ap-
point individuals to the Arms Control and 
Nonproliferation Advisory Board to fill all va-
cancies in the membership of the Board that 
exist on the date of the enactment of this Act. 
(b) CONSULTATION.—Appointments to the 
Board under subsection (a) shall be made in 
consultation with the Committee on Inter-
national Relations of the House of Representa-
tives and the Committee on Foreign Relations 
of the Senate. 
SEC. 4012. REVIEW OF UNITED STATES POLICY ON PRO-
LIFERATION OF WEAPONS OF MASS DESTRUC-
TION AND CONTROL OF STRATEGIC WEAP-
ONS. 
(a) REVIEW.—
2150 
(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 re-
lating to the proliferation of weapons of 
mass destruction and the control of stra-
tegic weapons. 
(2) COMPONENTS.—The review required 
under this subsection shall contain at a 
minimum the following: 
(A) An identification of all major 
deficiencies in existing United States 
policies relating to the proliferation of 
weapons of mass destruction and the 
control of strategic weapons. 
(B) 
Proposals 
that 
contain 
a 
range of options that if implemented 
would adequately address any signifi-
cant threat deriving from the defi-
ciencies in existing United States poli-
cies described in subparagraph (A). 
(b) REPORTS.—
2151 
(1) INTERIM
REPORT.—Not later than 
June 15, 2005, the Advisory Board shall 
prepare and submit to the Undersecretary 
of State for Arms Control and Inter-
national Security an interim report that 
contains the initial results of the review 
carried out pursuant to subsection (a). 
(2) FINAL REPORT.—Not later than De-
cember 1, 2005, the Advisory Board shall 
prepare and submit to the Undersecretary 
of State for Arms Control and Inter-
national Security, and to the Committee 
on International Relations of the House of 
Representatives and the Committee on 
Foreign Relations of the Senate, a final 
report that contains the comprehensive re-
sults of the review carried out pursuant to 
subsection (a). 
(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 nongovernmental orga-
nizations, under section 3109(b) of title 5, 
United States Code.
2152 
(d) FUNDING AND OTHER RESOURCES.—The 
Secretary of State shall provide to the Advisory 
Board an appropriate amount of funding and 
other resources to enable the Advisory Board 
to carry out this section. 
SEC. 4013. INTERNATIONAL AGREEMENTS TO INTERDICT 
ACTS OF INTERNATIONAL TERRORISM. 
Section 1(e)(2) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 
2651a(e)(2)), as amended by section 3091(b), is 
further amended by adding at the end the fol-
lowing: 
‘‘(D) ADDITIONAL
DUTIES
RELATING 
TO
INTERNATIONAL
AGREEMENTS
TO 
INTERDICT ACTS OF INTERNATIONAL TER-
RORISM.— 
‘‘(i) IN
GENERAL.—In addition 
to the principal duties of the Coor-
dinator 
described 
in 
subpara-
graph (B), the Coordinator, in 
consultation with relevant United 
States Government agencies, shall 
seek to negotiate on a bilateral 
basis 
international 
agreements 
under which parties to an agree-
2153 
ment work in partnership to ad-
dress and interdict acts of inter-
national terrorism. 
‘‘(ii) TERMS OF INTERNATIONAL 
AGREEMENT.—It is the sense of Con-
gress that— 
‘‘(I) each party to an inter-
national agreement referred to 
in clause (i)— 
‘‘(aa) should be in full 
compliance 
with 
United 
Nations Security Council 
Resolution 
1373 
(Sep-
tember 28, 2001), other ap-
propriate 
international 
agreements 
relating 
to 
antiterrorism 
measures, 
and 
such 
other 
appro-
priate criteria relating to 
antiterrorism measures; 
‘‘(bb) should sign and 
adhere 
to 
a 
‘counter-
terrorism Pledge’ and a 
list of ‘Interdiction Prin-
ciples’, to be determined by
2154 
the parties to the agree-
ment; 
‘‘(cc) should identify 
assets and agree to multi-
lateral efforts that maxi-
mizes 
the 
country’s 
strengths and resources to 
address and interdict acts 
of international terrorism 
or the financing of such 
acts; 
‘‘(dd) should agree to 
joint 
training 
exercises 
among the other parties to 
the agreement; and 
‘‘(ee) should agree to 
the negotiation and imple-
mentation 
of 
other 
rel-
evant international agree-
ments 
and 
consensus- 
based international stand-
ards; and 
‘‘(II) 
an 
international 
agreement 
referred 
to 
in 
clause (i) should contain pro-
2155 
visions that require the par-
ties to the agreement— 
‘‘(aa) to identify re-
gions 
throughout 
the 
world that are emerging 
terrorist threats; 
‘‘(bb) to establish ter-
rorism interdiction centers 
in such regions and other 
regions, as appropriate; 
‘‘(cc) 
to 
deploy 
ter-
rorism prevention teams to 
such 
regions, 
including 
United States-led teams; 
and 
‘‘(dd) to integrate in-
telligence, 
military, 
and 
law enforcement personnel 
from countries that are 
parties to the agreement 
in order to work directly 
with the regional centers 
described in item (bb) and 
regional teams described 
in item (cc).’’.
2156 
SEC. 4014. EFFECTIVE COALITION APPROACH TOWARD DE-
TENTION AND HUMANE TREATMENT OF CAP-
TURED TERRORISTS. 
It is the sense of Congress that the Presi-
dent should pursue by all appropriate diplo-
matic means with countries that are partici-
pating in the Coalition to fight terrorism the 
development of an effective approach toward 
the detention and humane treatment of cap-
tured terrorists. The effective approach re-
ferred to in this section may, as appropriate, 
draw on Article 3 of the Convention Relative 
to the Treatment of Prisoners of War, done at 
Geneva on August 12, 1949 (6 UST 3316). 
SEC. 4015. SENSE OF CONGRESS AND REPORT REGARDING 
COUNTER-DRUG EFFORTS IN AFGHANISTAN. 
(a) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
(1) the President should make the sub-
stantial reduction of illegal drug produc-
tion and trafficking in Afghanistan a pri-
ority in the Global War on Terrorism; 
(2) the Secretary of Defense, in coordi-
nation with the Secretary of State and the 
heads of other appropriate Federal agen-
cies, should expand cooperation with the
2157 
Government of Afghanistan and inter-
national 
organizations 
involved 
in 
counter-drug activities to assist in pro-
viding a secure environment for counter- 
drug personnel in Afghanistan; and 
(3) the United States, in conjunction 
with the Government of Afghanistan and 
coalition partners, should undertake ad-
ditional efforts to reduce illegal drug traf-
ficking and related activities that provide 
financial support for terrorist organiza-
tions in Afghanistan and neighboring 
countries. 
(b) REPORT REQUIRED.—(1) The Secretary 
of Defense and the Secretary of State shall 
jointly prepare a report that describes— 
(A) the progress made towards sub-
stantially reducing poppy cultivation and 
heroin production capabilities in Afghan-
istan; and 
(B) the extent to which profits from il-
legal drug activity in Afghanistan are 
used to financially support terrorist orga-
nizations and groups seeking to under-
mine the Government of Afghanistan.
2158 
(2) The report required by this subsection 
shall be submitted to Congress not later than 
120 days after the date of the enactment of this 
Act. 
Subtitle B—Prevent the Continued 
Growth of Terrorism 
CHAPTER 1—UNITED STATES PUBLIC 
DIPLOMACY 
SEC. 4021. ANNUAL REVIEW AND ASSESSMENT OF PUBLIC 
DIPLOMACY STRATEGY. 
(a) IN GENERAL.—The Secretary of State, in 
coordination with all appropriate Federal 
agencies, shall submit to the Committee on 
International Relations of the House of Rep-
resentatives and the Committee on Foreign Re-
lations of the Senate an annual assessment of 
the impact of public diplomacy efforts on tar-
get audiences. Each assessment shall review 
the United States public diplomacy strategy 
worldwide and by region, including an exam-
ination 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 submitted under this sec-
tion. Not later than March 15 of every year, the
2159 
Secretary shall submit the assessment re-
quired by this subsection. 
(b) FURTHER ACTION.— On the basis of such 
review, the Secretary, in coordination with all 
appropriate Federal agencies, shall submit, as 
part of the annual budget submission, a public 
diplomacy strategy plan which specifies goals, 
agency responsibilities, and necessary re-
sources and mechanisms for achieving such 
goals during the next fiscal year. The plan 
may be submitted in classified form. 
SEC. 4022. PUBLIC DIPLOMACY TRAINING. 
(a) STATEMENT OF POLICY.—It should be the 
policy of the United States: 
(1) The Foreign Service should recruit 
individuals with expertise and profes-
sional experience in public diplomacy. 
(2) United States chiefs of mission 
should have a prominent role in the for-
mulation of public diplomacy strategies 
for the countries and regions to which 
they are assigned and should be account-
able for the operation and success of pub-
lic diplomacy efforts at their posts.
2160 
(3) Initial and subsequent training of 
Foreign Service officers should be en-
hanced to include information and train-
ing on public diplomacy and the tools and 
technology of mass communication. 
(b) PERSONNEL.— 
(1) QUALIFICATIONS.—In the recruit-
ment, training, and assignment of mem-
bers of the Foreign Service, the Secretary 
of State shall emphasize the importance 
of public diplomacy and applicable skills 
and techniques. The Secretary shall con-
sider the priority recruitment into the 
Foreign Service, at middle-level entry, of 
individuals with expertise and profes-
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 re-
gions. 
(2) LANGUAGES OF SPECIAL INTEREST.— 
The Secretary of State shall seek to in-
crease the number of Foreign Service offi-
cers proficient in languages spoken in
2161 
predominantly Muslim countries. Such in-
crease shall be accomplished through the 
recruitment of new officers and incentives 
for officers in service. 
SEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUSLIM 
COUNTRIES. 
(a) DECLARATION OF POLICY.—Congress de-
clares that the United States should commit to 
a long-term and sustainable investment in 
promoting engagement with people of all lev-
els of society in countries with predominantly 
Muslim populations, particularly with youth 
and those who influence youth. Such an invest-
ment should make use of the talents and re-
sources in the private sector and should in-
clude programs to increase the number of peo-
ple who can be exposed to the United States 
and its fundamental ideas and values in order 
to dispel misconceptions. Such programs 
should include youth exchange programs, 
young ambassadors programs, international 
visitor programs, academic and cultural ex-
change programs, American Corner programs, 
library programs, journalist exchange pro-
2162 
grams, sister city programs, and other pro-
grams related to people-to-people diplomacy. 
(b) SENSE OF CONGRESS.—It is the sense of 
Congress that the United States should signifi-
cantly increase its investment in the people-to- 
people programs described in subsection (a). 
SEC. 4024. PUBLIC DIPLOMACY REQUIRED FOR PROMOTION 
IN FOREIGN SERVICE. 
(a) IN GENERAL.—Section 603(b) of the For-
eign Service Act of 1980 (22 U.S.C. 4003(b)) is 
amended by adding at the end the following 
new sentences: ‘‘The precepts for such selection 
boards shall also consider whether the mem-
ber of the Service or the member of the Senior 
Foreign Service, as the case may be, has served 
in at least one position in which the primary 
responsibility of such member was related to 
public diplomacy. A member may not be pro-
moted into or within the Senior Foreign Serv-
ice if such member has not served in at least 
one such position.’’. 
(b) 
EFFECTIVE
DATE.—The 
amendment 
made by subsection (a) shall take effect on 
January 1, 2009.
2163 
CHAPTER 2—UNITED STATES 
MULTILATERAL DIPLOMACY 
SEC. 4031. PURPOSE. 
It is the purpose of this chapter to 
strengthen United States leadership and effec-
tiveness at international organizations and 
multilateral institutions. 
SEC. 4032. SUPPORT AND EXPANSION OF DEMOCRACY CAU-
CUS. 
(a) IN GENERAL.—The President, acting 
through the Secretary of State and the rel-
evant United States chiefs of mission, shall— 
(1) continue to strongly support and 
seek to expand the work of the democracy 
caucus at the United Nations General As-
sembly and the United Nations Human 
Rights Commission; and 
(2) seek to establish a democracy cau-
cus at the United Nations Conference on 
Disarmament and at other broad-based 
international organizations. 
(b) PURPOSES OF THE CAUCUS.—A democ-
racy caucus at an international organization 
should—
2164 
(1) forge common positions, including, 
as appropriate, at the ministerial level, on 
matters of concern before the organiza-
tion and work within and across regional 
lines to promote agreed positions; 
(2) work to revise an increasingly out-
moded system of membership selection, re-
gional voting, and decision making; and 
(3) establish a rotational leadership 
agreement to provide member countries 
an opportunity, for a set period of time, to 
serve as the designated president of the 
caucus, responsible for serving as its voice 
in each organization. 
SEC. 4033. LEADERSHIP AND MEMBERSHIP OF INTER-
NATIONAL ORGANIZATIONS. 
(a) UNITED STATES POLICY.—The President, 
acting through the Secretary of State, the rel-
evant United States chiefs of mission, and, 
where appropriate, the Secretary of the Treas-
ury, shall use the voice, vote, and influence of 
the United States to— 
(1) where appropriate, reform the cri-
teria for leadership and, in appropriate 
cases, for membership, at all United Na-
2165 
tions bodies and at other international or-
ganizations and multilateral institutions 
to which the United States is a member so 
as to exclude countries that violate the 
principles of the specific organization; 
(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 nomi-
nation 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 
(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 organizations, 
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 Administration 
Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), 
section 620A(a) of the Foreign Assistance
2166 
Act of 1961 (22 U.S.C. 2371(a)), or section 
40(d) of the Arms Export Control Act (22 
U.S.C. 2780(d)). 
(b) REPORT TO CONGRESS.—Not later than 
15 days after a country subject to a determina-
tion under one or more of the provisions of law 
specified in subsection (a)(3) is selected for 
membership or a leadership post in an inter-
national organization of which the United 
States is a member or for membership on the 
United Nations Security Council, the Secretary 
of State shall submit to the Committee on 
International Relations of the House of Rep-
resentatives and the Committee on Foreign Re-
lations of the Senate a report on any steps 
taken pursuant to subsection (a)(3). 
SEC. 4034. INCREASED TRAINING IN MULTILATERAL DIPLO-
MACY. 
(a) TRAINING PROGRAMS.—Section 708 of 
the Foreign Service Act of 1980 (22 U.S.C. 4028) 
is amended by adding at the end the following 
new subsection: 
‘‘(c) TRAINING
IN
MULTILATERAL
DIPLO-
MACY.—
2167 
‘‘(1) IN GENERAL.—The Secretary shall 
establish a series of training courses for 
officers of the Service, including appro-
priate chiefs of mission, on the conduct of 
diplomacy at international organizations 
and other multilateral institutions and at 
broad-based multilateral negotiations of 
international instruments. 
‘‘(2) PARTICULAR PROGRAMS.—The Sec-
retary shall ensure that the training de-
scribed in paragraph (1) is provided at 
various stages of the career of members of 
the service. In particular, the Secretary 
shall ensure that after January 1, 2006— 
‘‘(A) officers of the Service receive 
training on the conduct of diplomacy 
at international organizations and 
other multilateral institutions and at 
broad-based multilateral negotiations 
of international instruments as part 
of their training upon entry into the 
Service; and 
‘‘(B) officers of the Service, includ-
ing chiefs of mission, who are as-
signed to United States missions rep-
2168 
resenting the United States to inter-
national 
organizations 
and 
other 
multilateral institutions or who are 
assigned in Washington, D.C., to posi-
tions that have as their primary re-
sponsibility formulation of policy to-
wards such organizations and institu-
tions or towards participation in 
broad-based multilateral negotiations 
of international instruments, receive 
specialized training in the areas de-
scribed in paragraph (1) prior to be-
ginning of service for such assignment 
or, if receiving such training at that 
time is not practical, within the first 
year of beginning such assignment.’’. 
(b) TRAINING FOR CIVIL SERVICE 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.
2169 
(c) CONFORMING AMENDMENTS.—Section 708 
of such Act is further amended— 
(1) in subsection (a), by striking ‘‘(a) 
The’’ and inserting ‘‘(a) TRAINING
ON 
HUMAN RIGHTS.—The’’; and 
(2) in subsection (b), by striking ‘‘(b) 
The’’ and inserting ‘‘(b) TRAINING ON REF-
UGEE LAW AND RELIGIOUS PERSECUTION.— 
The’’. 
SEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF OF-
FICE ON MULTILATERAL NEGOTIATIONS. 
(a) ESTABLISHMENT
OF OFFICE.—The Sec-
retary of State is authorized to establish, with-
in the Bureau of International Organizational 
Affairs, an Office on Multilateral Negotiations 
to be headed by a Special Representative for 
Multilateral Negotiations (in this section re-
ferred to as the ‘‘Special Representative’’). 
(b) APPOINTMENT.—The Special Represent-
ative shall be appointed by the President and 
shall have the rank of Ambassador-at-Large. 
At the discretion of the President another offi-
cial at the Department may serve as the Spe-
cial Representative.
2170 
(c) STAFFING.—The Special Representative 
shall have a staff of Foreign Service and civil 
service officers skilled in multilateral diplo-
macy. 
(d) DUTIES.—The Special Representative 
shall have the following responsibilities: 
(1) IN GENERAL.—The primary respon-
sibility of the Special Representative shall 
be to assist in the organization of, and 
preparation for, United States participa-
tion in multilateral negotiations, includ-
ing advocacy efforts undertaken by the 
Department of State and other United 
States Government agencies. 
(2) CONSULTATIONS.—The Special Rep-
resentative shall consult with Congress, 
international organizations, nongovern-
mental organizations, and the private sec-
tor on matters affecting multilateral ne-
gotiations. 
(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-
2171 
national organizations, multilateral insti-
tutions, and negotiations, and shall make 
recommendations regarding— 
(A) effective strategies (and tac-
tics) to achieve United States policy 
objectives 
at 
multilateral 
negotia-
tions; 
(B) the need for and timing of 
high level intervention by the Presi-
dent, the Secretary of State, the Dep-
uty Secretary of State, and other 
United States officials to secure sup-
port from key foreign government offi-
cials for United States positions at 
such organizations, institutions, and 
negotiations; and 
(C) the composition of United 
States delegations to multilateral ne-
gotiations. 
(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-
2172 
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 Nations Gen-
eral Assembly and other key international 
fora (such as the United Nations Human 
Rights Commission). 
(5) LEADERSHIP
AND
MEMBERSHIP
OF 
INTERNATIONAL
ORGANIZATIONS.—The Spe-
cial Representative, in coordination with 
the Assistant Secretary of International 
Organizational Affairs, shall direct the 
efforts of the United States to reform the 
criteria for leadership of and membership 
in international organizations as de-
scribed in section 4033. 
(6) PARTICIPATION IN MULTILATERAL NE-
GOTIATIONS.—The Secretary of State may 
direct the Special Representative to serve 
as a member of a United States delegation 
to any multilateral negotiation.
2173 
(7) COORDINATION
WITH
THE
DEPART-
MENT OF THE TREASURY.— 
(A) COORDINATION
AND
CONSULTA-
TION.—The 
Special 
Representative 
shall coordinate and consult with the 
relevant staff at the Department of the 
Treasury in order to prepare rec-
ommendations for the Secretary of 
State regarding multilateral negotia-
tions involving international finan-
cial institutions and other multilat-
eral financial policymaking bodies. 
(B) NEGOTIATING AUTHORITY CLARI-
FIED.—Notwithstanding any other pro-
vision of law, the Secretary of the 
Treasury shall remain the lead rep-
resentative and lead negotiator for 
the United States within the inter-
national financial institutions and 
other multilateral financial policy-
making bodies. 
(C) DEFINITIONS.—In this para-
graph: 
(i) INTERNATIONAL
FINANCIAL 
INSTITUTIONS.—The 
term 
‘‘inter-
2174 
national 
financial 
institutions’’ 
has the meaning given in section 
1701(c)(2) of the International Fi-
nancial Institutions Act. 
(ii) OTHER
MULTILATERAL
FI-
NANCIAL
POLICYMAKING
BODIES.— 
The term ‘‘other multilateral fi-
nancial 
policymaking 
bodies’’ 
means— 
(I) the Financial Action 
Task Force at the Organiza-
tion for Economic Cooperation 
and Development; 
(II) the international net-
work of financial intelligence 
units known as the ‘‘Egmont 
Group’’; 
(III) 
the 
United 
States, 
Canada, the United Kingdom, 
France, 
Germany, 
Italy, 
Japan, 
and 
Russia, 
when 
meeting as the Group of Eight; 
and 
(IV) any other multilateral 
financial policymaking group
2175 
in which the Secretary of the 
Treasury 
represents 
the 
United States. 
(iii) FINANCIAL
ACTION
TASK 
FORCE.—The term ‘‘Financial Ac-
tion Task Force’’ means the inter-
national grouping of countries 
that meets periodically to address 
issues related to money laun-
dering, terrorist financing, and 
other financial crimes. 
CHAPTER 3—OTHER PROVISIONS 
SEC. 4041. PILOT PROGRAM TO PROVIDE GRANTS TO AMER-
ICAN-SPONSORED 
SCHOOLS 
IN 
PREDOMI-
NANTLY MUSLIM COUNTRIES TO PROVIDE 
SCHOLARSHIPS. 
(a) FINDINGS.—Congress finds the fol-
lowing: 
(1) During the 2003–2004 school year, 
the Office of Overseas Schools of the De-
partment of State is financially assisting 
189 elementary and secondary schools in 
foreign countries. 
(2) 
American-sponsored 
elementary 
and secondary schools are located in more
2176 
than 20 countries with significant Muslim 
populations in the Near East, Africa, 
South Asia, Central Asia, and East Asia. 
(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. 
(b) PURPOSE.—The United States has an in-
terest in increasing the level of financial sup-
port provided to American-sponsored elemen-
tary and secondary schools in predominantly 
Muslim countries, in order to— 
(1) increase the number of students in 
such countries who attend such schools; 
(2) increase the number of young peo-
ple who may thereby gain at any early age 
an appreciation for the culture, society, 
and history of the United States; and 
(3) increase the number of young peo-
ple who may thereby improve their pro-
ficiency in the English language. 
(c) PILOT PROGRAM AUTHORIZED.—The Sec-
retary of State, acting through the Director of
2177 
the Office of Overseas Schools of the Depart-
ment of State, may conduct a pilot program to 
make grants to American-sponsored elemen-
tary and secondary schools in predominantly 
Muslim countries for the purpose of providing 
full or partial merit-based scholarships to stu-
dents from lower- and middle-income families 
of such countries to attend such schools. 
(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 cri-
teria to be implemented by such school to de-
termine what constitutes lower- and middle- 
income families in the country (or region of the 
country, if regional variations in income levels 
in the country are significant) in which such 
school is located. 
(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-
2178 
tration of the Office of Overseas Schools of the 
Department of State or for any other activity 
of the Office. 
(f) VOLUNTARY PARTICIPATION.—Nothing in 
this section shall be construed to require par-
ticipation in the pilot program by an Amer-
ican-sponsored 
elementary 
or 
secondary 
school in a predominantly Muslim country. 
(g) REPORT.—Not later than April 15, 2006, 
the Secretary shall submit to the Committee on 
International Relations of the House of Rep-
resentatives and the Committee on Foreign Re-
lations of the Senate a report on the pilot pro-
gram. The report shall assess the success of the 
program, examine any obstacles encountered 
in its implementation, and address whether it 
should be continued, and if so, provide rec-
ommendations to increase its effectiveness. 
(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 sec-
tion.
2179 
SEC. 4042. ENHANCING FREE AND INDEPENDENT MEDIA. 
(a) FINDINGS.—Congress makes the fol-
lowing findings: 
(1) Freedom of speech and freedom of 
the press are fundamental human rights. 
(2) The United States has a national 
interest in promoting these freedoms by 
supporting free media abroad, which is 
essential to the development of free and 
democratic societies consistent with our 
own. 
(3) Free media is undermined, endan-
gered, or nonexistent in many repressive 
and transitional societies around the 
world, including in Eurasia, Africa, and 
the Middle East. 
(4) Individuals lacking access to a 
plurality of free media are vulnerable to 
misinformation and propaganda and are 
potentially more likely to adopt anti- 
American views. 
(5) Foreign governments have a re-
sponsibility to actively and publicly dis-
courage and rebut unprofessional and un-
ethical media while respecting journal-
istic integrity and editorial independence.
2180 
(b) STATEMENTS OF POLICY.—It shall be the 
policy of the United States, acting through the 
Secretary of State, to— 
(1) ensure that the promotion of press 
freedoms and free media worldwide is a 
priority of United States foreign policy 
and an integral component of United 
States public diplomacy; 
(2) respect the journalistic integrity 
and editorial independence of free media 
worldwide; and 
(3) ensure that widely accepted stand-
ards for professional and ethical journal-
istic and editorial practices are employed 
when assessing international media. 
(c) GRANTS TO PRIVATE SECTOR GROUP TO 
ESTABLISH MEDIA NETWORK.— 
(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).
2181 
(2) PURPOSE.—The purpose of the net-
work 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— 
(A) fund a clearinghouse to collect 
and share information concerning 
international media development and 
training; 
(B) improve research in the field 
of media assistance and program 
evaluation to better inform decisions 
regarding funding and program de-
sign for government and private do-
nors; 
(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 
(D) identify effective methods for 
the development of a free and inde-
2182 
pendent media in societies in transi-
tion. 
(3) FUNDING.—For grants made by the 
Department of State to NED as authorized 
by the National Endowment for Democ-
racy Act (Public Law 98–164, 97 Stat. 
1039), there are authorized to be appro-
priated 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. 
SEC. 4043. COMBATING BIASED OR FALSE FOREIGN MEDIA 
COVERAGE OF THE UNITED STATES. 
(a) FINDINGS.—Congress finds the fol-
lowing: 
(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. 
(2) Public diplomacy efforts designed 
to encourage an accurate understanding 
of the people of the United States and the 
policies of the United States are unlikely 
to succeed if foreign publics are subjected
2183 
to unrelenting biased or false local media 
coverage of the United States. 
(3) Where freedom of the press exists 
in foreign countries the United States can 
combat biased or false media coverage by 
responding in the foreign media or by 
communicating directly to foreign publics 
in such countries. 
(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-
mate within which terrorism can flourish. 
Such governments are responsible for en-
couraging biased or false media coverage 
if they— 
(A) issue direct or indirect in-
structions to the media to publish bi-
ased or false information regarding 
the United States; 
(B) make deliberately biased or 
false charges expecting that such 
charges will be disseminated; or 
(C) so severely constrain the abil-
ity of the media to express criticism of
2184 
any such government that one of the 
few means of political expression 
available is criticism of the United 
States. 
(b) STATEMENTS OF POLICY.— 
(1) FOREIGN GOVERNMENTS.—It shall be 
the policy of the United States to regard 
foreign governments as knowingly en-
gaged in unfriendly acts toward the 
United States if such governments— 
(A) instruct their state-owned or 
influenced media to include content 
that is anti-American or prejudicial 
to the foreign and security policies of 
the United States; or 
(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. 
(2) SEEKING MEDIA ACCESS; RESPONDING 
TO FALSE CHARGES.—It shall be the policy 
of the United States to—
2185 
(A) seek access to the media in for-
eign countries on terms no less favor-
able than those afforded any other 
foreign entity or on terms available to 
the foreign country in the United 
States; and 
(B) combat biased or false media 
coverage in foreign countries of the 
United States and its allies by re-
sponding in the foreign media or by 
communicating 
directly 
to 
foreign 
publics. 
(c) RESPONSIBILITIES REGARDING BIASED OR 
FALSE MEDIA COVERAGE.— 
(1) SECRETARY
OF
STATE.—The Sec-
retary of State shall instruct chiefs of mis-
sion to report on and combat biased or 
false media coverage originating in or re-
ceived in foreign countries to which such 
chiefs are posted. Based on such reports 
and other information available to the 
Secretary, the Secretary shall prioritize 
efforts to combat such media coverage, 
giving special attention to audiences 
where fostering popular opposition to ter-
2186 
rorism is most important and such media 
coverage is most prevalent. 
(2) CHIEFS OF MISSION.—Chiefs of mis-
sion shall have the following responsibil-
ities: 
(A) Chiefs of mission shall give 
strong priority to combatting biased 
or false media reports in foreign coun-
tries to which such chiefs are posted 
regarding the United States. 
(B) Chiefs of mission posted to for-
eign countries in which freedom of the 
press exists shall inform the govern-
ments of such countries of the policies 
of the United States regarding biased 
or false media coverage of the United 
States, and shall make strong efforts 
to 
persuade 
such 
governments 
to 
change policies that encourage such 
media coverage. 
(d) REPORTS.—Not later than 120 days 
after the date of the enactment of this Act and 
at least annually thereafter until January 1, 
2015, the Secretary shall submit to the Com-
mittee on International Relations of the House
2187 
of Representatives and the Committee on For-
eign Relations of the Senate a report regard-
ing the major themes of biased or false media 
coverage of the United States in foreign coun-
tries, the actions taken to persuade foreign 
governments to change policies that encourage 
such media coverage (and the results of such 
actions), and any other actions taken to com-
bat such media coverage in foreign countries. 
SEC. 4044. REPORT ON BROADCAST OUTREACH STRATEGY. 
(a) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Presi-
dent shall transmit to the Committee on Inter-
national Relations of the House of Representa-
tives and the Committee on Foreign Relations 
of the Senate a report on the strategy of the 
United States to expand its outreach to foreign 
Muslim audiences through broadcast media. 
(b) CONTENT.—The report required under 
subsection (a) shall contain the following: 
(1) An assessment of the Broadcasting 
Board of Governors and the public diplo-
macy activities of the Department of State 
with respect to outreach to foreign Muslim 
audiences through broadcast media.
2188 
(2) An outline of recommended actions 
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 
by United States Government officials, ex-
perts, and citizens. 
(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. 
(4) An assessment of providing a 
training program in media and press af-
fairs for members of the Foreign Service. 
SEC. 4045. OFFICE RELOCATION. 
As soon as practicable after the date of the 
enactment of this Act, the Secretary of State 
shall take such actions as are necessary to
2189 
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. 
SEC. 4046. STRENGTHENING THE COMMUNITY OF DEMOC-
RACIES FOR MUSLIM COUNTRIES. 
(a) SENSE OF CONGRESS.—It is the sense of 
Congress that the United States— 
(1) should work with the Community 
of Democracies to discuss, develop, and re-
fine policies and assistance programs to 
support and promote political, economic, 
judicial, educational, and social reforms 
in Muslim countries; 
(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 Convening 
Group, should work to ensure that the cri-
teria are part of a legally binding docu-
ment, and should urge other donor coun-
tries to use compliance with the criteria
2190 
as a basis for determining diplomatic and 
economic relations (including assistance 
programs) with such participating coun-
tries; and 
(3) should seek support for inter-
national contributions to the Community 
of Democracies and should seek authority 
for the Community’s Convening Group to 
oversee adherence and compliance of par-
ticipating countries with the criteria. 
(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 Ini-
tiative may be made available to the Commu-
nity of Democracies in order to strengthen and 
expand its work with Muslim countries. 
(c) REPORT.—The Secretary of State shall 
include in the annual report entitled ‘‘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-
2191 
tries and the extent to which such countries 
meet the criteria for participation in the Com-
munity of Democracies. 
Subtitle C—Reform of Designation 
of Foreign Terrorist Organizations 
SEC. 4051. DESIGNATION OF FOREIGN TERRORIST ORGANI-
ZATIONS. 
(a) 
PERIOD
OF
DESIGNATION.—Section 
219(a)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1189(a)(4)) is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘Subject to para-
graphs (5) and (6), a’’ and inserting 
‘‘A’’; and 
(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)’’; 
(2) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) REVIEW OF DESIGNATION UPON 
PETITION.—
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‘‘(i) 
IN
GENERAL.—The 
Sec-
retary shall review the designa-
tion of a foreign terrorist organi-
zation under the procedures set 
forth in clauses (iii) and (iv) if the 
designated organization files a pe-
tition for revocation within the pe-
tition period described in clause 
(ii). 
‘‘(ii) 
PETITION
PERIOD.—For 
purposes of clause (i)— 
‘‘(I) if the designated orga-
nization 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 
‘‘(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-
2193 
mination made under clause 
(iv) on that petition. 
‘‘(iii) PROCEDURES.—Any for-
eign terrorist organization that 
submits a petition for revocation 
under this subparagraph must 
provide evidence in that petition 
that the relevant circumstances 
described in paragraph (1) have 
changed in such a manner as to 
warrant revocation with respect to 
the organization. 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN GENERAL.—Not later 
than 180 days after receiving 
a petition for revocation sub-
mitted under this subpara-
graph, 
the 
Secretary 
shall 
make a determination as to 
such revocation. 
‘‘(II) CLASSIFIED
INFORMA-
TION.—The Secretary may con-
sider classified information in 
making a determination in re-
sponse to a petition for revoca-
2194 
tion. 
Classified 
information 
shall not be subject to disclo-
sure for such time as it re-
mains classified, except that 
such information may be dis-
closed to a court ex parte and 
in camera for purposes of ju-
dicial review under subsection 
(c). 
‘‘(III) PUBLICATION
OF
DE-
TERMINATION.—A 
determina-
tion made by the Secretary 
under this clause shall be pub-
lished in the Federal Register. 
‘‘(IV) 
PROCEDURES.—Any 
revocation by the Secretary 
shall be made in accordance 
with paragraph (6).’’; and 
(3) by adding at the end the following: 
‘‘(C) OTHER
REVIEW
OF
DESIGNA-
TION.— 
‘‘(i) IN GENERAL.—If in a 6-year 
period no review has taken place 
under subparagraph (B), the Sec-
retary shall review the designa-
2195 
tion of the foreign terrorist orga-
nization in order to determine 
whether such designation should 
be revoked pursuant to paragraph 
(6). 
‘‘(ii) PROCEDURES.—If a review 
does not take place pursuant to 
subparagraph (B) in response to a 
petition for revocation that is filed 
in accordance with that subpara-
graph, then the review shall be 
conducted pursuant to procedures 
established by the Secretary. The 
results of such review and the ap-
plicable procedures shall not be 
reviewable in any court. 
‘‘(iii) PUBLICATION OF RESULTS 
OF
REVIEW.—The Secretary shall 
publish any determination made 
pursuant to this subparagraph in 
the Federal Register.’’. 
(b) ALIASES.—Section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189) is 
amended—
2196 
(1) by redesignating subsections (b) 
and (c) as subsections (c) and (d), respec-
tively; and 
(2) by inserting after subsection (a) 
the following new subsection (b): 
‘‘(b) AMENDMENTS TO A DESIGNATION.— 
‘‘(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. 
‘‘(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.
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‘‘(3) ADMINISTRATIVE RECORD.—The ad-
ministrative record shall be corrected to 
include the amendments as well as any 
additional relevant information that sup-
ports those amendments. 
‘‘(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 classified, 
except that such information may be dis-
closed to a court ex parte and in camera 
for purposes of judicial review under sub-
section (c).’’. 
(c) TECHNICAL
AND CONFORMING AMEND-
MENTS.—Section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)(B), by strik-
ing ‘‘subsection (b)’’ and inserting 
‘‘subsection (c)’’; 
(B) in paragraph (6)(A)— 
(i) in the matter preceding 
clause (i), by striking ‘‘or a redes-