Intelligence Reform and Terrorism Prevention Act of 2004

Bill: 108-s-2845
Sponsor: Sen. Collins, Susan M. [R-ME]
Introduced: 2004-09-23 in the Senate
Policy area: Armed Forces and National Security
Subjects: Administration of justice
Administrative procedure
Administrative remedies
Admission of nonimmigrants
Advice and consent of the Senate
Afghanistan
Agricultural assistance
Agricultural education
Agriculture and Food
Agriculture in foreign trade
Air cargo
Air piracy
Air routes
Aircraft construction
Aircraft pilots
Airline employees
Airline passenger traffic
Airlines
Airports
Alien labor
Alien property
Aliens
Alliances
Alternative crops
Animals
Appropriations
Arab-Israeli conflict
Arizona
Arms control
Arms control agreements
Arms sales
Arrest
Arts, Culture, Religion
Auditing
Authorization
Aviation agreements
Aviation fuels
Aviation safety
Awards, medals, prizes
Bank employees
Bank examination
Bank records
Bankruptcy
Biological warfare
Border patrols
Boundaries
Bridges
Building construction
California
Canada
Central Intelligence Agency
Central banks and banking
Charter airlines
Chemical warfare
Chief financial officers
Children's rights
Civics education
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Civil service retirement
Classified defense information
Coast guard
Commemorations
Commerce
Commercial aircraft
Community policing
Computer networks
Computer security measures
Computer software
Conflict of interests
Congress
Congress and foreign policy
Congress and military policy
Congressional committees (House)
Congressional committees (Senate)
Congressional hearings
Congressional investigations
Congressional oversight
Congressional reporting requirements
Congressional witnesses
Conspiracy
Consultants
Consumer education
Cost effectiveness
Counterfeiting
Counterintelligence
Courthouses
Covert operations
Credit
Credit unions
Crime and Law Enforcement
Criminal aliens
Criminal investigation
Criminal justice information
Criminal statistics
Cuba
Cultural relations
Curricula
Customs administration
Data banks
Death
Defense budgets
Defense industries
Delegation of powers
Democracy
Department of Defense
Department of Energy
Department of Homeland Security
Department of Justice
Department of State
Department of Transportation
Department of the Treasury
Deportation
Detention of persons
Dictators
Diplomacy
Directories
Disaster relief
District of Columbia
Dogs
Driver licenses
Drone aircraft
Drug abuse
Drug courts
Drug law enforcement
Drug traffic
Due process of law
EBB Terrorism
Economic assistance
Economic development
Economics and Public Finance
Education
Education of the disadvantaged
Educational exchanges
Election candidates
Electric power
Electronic data interchange
Electronic government information
Electronic surveillance
Elementary and secondary education
Elementary education
Emergency Management
Emergency communication systems
Emergency medicine
Employee rights
Employee selection
Employee training
Energy
English language
Environmental Protection
Ethnic groups
Ethnic relations
Evidence (Law)
Exchange of persons programs
Executive Office of the President
Executive reorganization
Explosives
Export controls
Extradition
Extraterritoriality
Families
Federal Bureau of Investigation (FBI)
Federal Communications Commission
Federal advisory bodies
Federal aid to Indians
Federal aid to education
Federal aid to transportation
Federal budgets
Federal employees
Federal law enforcement officers
Federal officials
Federal-Indian relations
Federal-local relations
Federal-state relations
Finance and Financial Sector
Financial crises
Financial disclosure
Financial services
Fines (Penalties)
Fingerprints
Fire departments
Firearms
Fissionable materials
Flammable materials
Flight crews
Foreign Trade and International Finance
Foreign agents
Foreign banks and banking
Foreign leaders
Foreign service
Forensic medicine
Fraud
Freedom of association
Freedom of speech
Freedom of the press
Fringe benefits
Genocide
Geographic information systems
Gifts
Government Operations and Politics
Government and business
Government contractors
Government employees' political activities
Government ethics
Government liability
Government officials
Government paperwork
Government procurement
Government publicity
Government securities
Government statistics
Government travel
Governmental investigations
Grand jury
Grants-in-aid
Guerrilla warfare
Health
Heroin
Higher education
Historic sites
History
House Intelligence
House rules and procedure
Housing and Community Development
Human engineering
Human rights
Identification devices
Identification of criminals
Illegal aliens
Illiteracy
Immigrants
Immigration
Independent regulatory commissions
India
Infants
Information leaking
Information technology
Infrastructure
Infrastructure (Economics)
Inspectors general
Insurance companies
Insurgency
Intelligence community staff
Intelligence officers
Intergovernmental relations
International Affairs
International agencies
International broadcasting
International cooperation

Summary:
action_date: 2004-09-23
text: 
National Intelligence Reform Act of 2004 - Establishes as an independent executive entity the National Intelligence Authority (Authority), headed by a National Intelligence Director (Director), to, among other things: (1) unify and strengthen efforts of the intelligence community (IC); (2) operate the National Counterterrorism Center and national intelligence centers; and (3) establish clear responsibility and accountability for counterterrorism and other intelligence matters relating to U.S. national security. Requires the Director to: (1) serve as the head of the IC; (2) advise the President on intelligence related to national security; and (3) direct and oversee the National Intelligence Program (formerly the National Foreign Intelligence Program).
 
Authorizes the Director to establish and train a National Intelligence Reserve Corps for the temporary reemployment of former IC employees during periods of emergency.
 
Establishes in the Treasury the Reserve for Contingencies of the National Intelligence Director.
 
Establishes a National Intelligence Council (Council) to produce national intelligence estimates for the U.S. Government and evaluate the collection and production of intelligence by the IC.
 
Establishes a National Counterterrorism Center to, among other things: (1) unify strategy for U.S. civilian and military counterterrorism efforts; and (2) integrate counterterrorism intelligence and operations across agency boundaries, both inside and outside the United States. Authorizes the Director to establish within the Authority one or more national intelligence centers to address intelligence priorities established by the Council.
 
Requires the Director to establish the Intelligence Community Scholarship Program to award scholarships designed to recruit and prepare students for civilian careers in the IC.
 
Requires the President to publicly disclose certain intelligence funding information for fiscal years after 2005.
 
Merges the Homeland Security Council into the Council.
 
Establishes a Joint Intelligence Community Council to assist the Director in developing and implementing a joint, unified national intelligence effort to protect national security.
 
Requires the Director of the Federal Bureau of Investigation (FBI) to develop and maintain within the FBI a national security workforce of agents, analysts, linguists, and surveillance specialists.
 
Federal Bureau of Investigation Intelligence Career Service Authorization Act of 2005 - Authorizes the FBI Director to establish an FBI Intelligence Career Service for FBI intelligence analysts.
 
Directs the President to establish an information sharing network to promote the sharing of intelligence and homeland security information among all relevant Federal departments and agencies, State, tribal, and local authorities, and private sector entities. Establishes an Executive Council on Information Sharing.
 
Establishes within the Executive Office of the President a Privacy and Civil Liberties Oversight Board.
 
Requires the congressional intelligence committees to be provided all intelligence estimates and assessments other than those prepared exclusively for the President.

action_date: 2004-10-06
text: 
National Intelligence Reform Act of 2004 - 
Title I: National Intelligence Authority - Subtitle A: National Intelligence Authority
 - (Sec. 101) Establishes as an independent executive entity the National Intelligence Authority (NIA) to, among other things: (1) unify and strengthen efforts of the intelligence community (IC); (2) operate the National Counterterrorism Center and national intelligence centers; and (3) establish clear responsibility and accountability for counterterrorism and other intelligence matters relating to U.S. national security. Requires the NIA to be headed by a National Intelligence Director (Director), who shall: (1) serve as the head of the IC; (2) advise the President on intelligence related to national security; and (3) direct and oversee the National Intelligence Program (formerly the National Foreign Intelligence Program).
 

Subtitle B: Responsibilities and Authorities of National Intelligence Director
 - (Sec. 111) Requires the Director to provide national intelligence to the: (1) President; (2) heads of other Federal departments and agencies; (3) Chairman of the Joint Chiefs of Staff and senior military commanders; and (4) Senate and House of Representatives and committees thereof.
 
(Sec. 112) Outlines intelligence-related duties of the Director, including determining the annual budget for U.S. intelligence and intelligence-related activities.
 
(Sec. 113) Requires the Director to have access to all intelligence collected by any U.S. department, agency, or element. Authorizes the Director to transfer or reprogram funds and/or personnel within the National Intelligence Program (with notification to the congressional intelligence committees). Requires the Director to establish and implement information technology and communications standards across the IC.
 
(Sec. 114) Sets forth requirements for the obligation or expenditure for intelligence or intelligence-related activities of appropriated funds available to an intelligence agency. 
 
(Sec. 115) Requires the Director to: (1) provide incentives for service in support of IC community management functions; (2) provide for promotion of IC personnel; and (3) facilitate the rotation of IC personnel during their careers.
 
(Sec. 116) Directs the President to establish uniform standards and procedures for granting access (security clearances) to classified information for employees and contractor personnel of the U.S. Government who require such access. Requires a single Federal department, agency, or element to conduct such clearances.
 
(Sec. 117) Authorizes the Director to provide for the establishment and training of a National Intelligence Reserve Corps for the temporary employment on a voluntary basis of former IC employees during periods of emergency. Limits the total number of Corps members to 200.
 
(Sec. 118) States that, in the event of a vacancy in the position of Director of the CIA, the Director shall recommend to the President an individual for nomination to fill the vacancy. Requires the Director's recommendation to accompany any recommendation to the President to nominate or appoint an individual as head of an IC agency, organization, or element head where the appointment is made by the President. Requires the Director's concurrence in such appointments where the appointment is made by the head of the department containing the IC agency, organization, or element, the Director of the CIA, or a subordinate official of such department or the CIA.
 
Authorizes the Director to recommend to the President or the head of the department or agency concerned the termination of service of any individual serving in positions covered by this section after seeking the concurrence of the head of the department or agency concerned.
 
(Sec. 119) Establishes in the Treasury the Reserve for Contingencies of the National Intelligence Director.
 

Subtitle C: Office of the National Intelligence Director 
- (Sec. 121) Establishes an Office of the National Intelligence Director (Office) to assist the Director in carrying out appropriate responsibilities and duties. Establishes a Principal Deputy National Intelligence Director (second in command) and up to four Deputy National Intelligence Directors.
 
(Sec. 123) Establishes a National Intelligence Council (Council) to produce national intelligence estimates for the U.S. Government and to evaluate the collection and production of intelligence by the IC.
 
(Sec. 124) Establishes within the NIA, with specified duties, the positions of: (1) General Counsel; (2) Officer for Civil Rights and Civil Liberties; (3) Privacy Officer; (4) Chief Information Officer; (5) Chief Human Capital Officer; (6) Chief Financial Officer; (7) Chief Scientist; and (8) National Counterintelligence Executive.
 

Subtitle D: Additional Elements of National Intelligence Authority
 - (Sec. 141) Establishes within the NIA an Inspector General (IG), with specified duties and responsibilities. 
 
Amends the Inspector General Act of 1978 to set forth special provisions concerning the NIA, including the requirement that the IG of the NIA act under the authority, direction, and control of the Director with respect to audits, investigations, or the issuance of subpoenas requiring access to intelligence or counterintelligence information the disclosure of which would seriously threaten national security.
 
Sets forth reporting requirements for investigative findings.
 
(Sec. 142) Establishes an: (1) Ombudsman of the NIA, with specified duties and responsibilities; and (2) Analytic Review Unit to assist the Ombudsman. Requires annual activities reports from the Ombudsman to the Director.
 
(Sec. 143) Establishes a National Counterterrorism Center, headed by a Director, to unify strategy for U.S. civilian and military counterterrorism efforts and integrate counterterrorism intelligence and operations across agency boundaries, both inside and outside the United States. 
 
Establishes within the Center a Directorate of Intelligence to: (1) be the principal U.S. repository for all-source information on suspected terrorists, their organizations, and their capabilities; (2) propose intelligence collection requirements for action by elements of the IC; and (3) have primary responsibility for net assessments and warnings about terrorist threats. 
 
Establishes within the Center a Directorate of Planning, with primary responsibility for developing interagency counterterrorism plans. 
 
(Sec. 144) Requires the establishment of a National Counterproliferation Center within the NIA, to be headed by a Director, with responsibility for directing Government efforts to interdict trafficking in weapons of mass destruction, related materials and technologies, and their delivery systems to terrorists, terrorist organizations, and other non-state and state actors of concern. 
 
Requires the Center's Director to: (1) serve as the principal adviser to the President and the Director on counterproliferation planning and activities; (2) establish within the Center a Directorate of Intelligence with primary responsibility for analysis of information regarding proliferators and their networks; and (3) establish within the Center a Directorate of Planning with primary responsibility for conducting strategic planning and developing courses of action for counterproliferation activities. 
 
Directs the President to report to Congress on the President's plans to establish the Center.
 
(Sec. 145) Authorizes the Director to establish within the NIA one or more national intelligence centers to address intelligence priorities established by the Council. Makes such centers responsible for providing all-source analysis of intelligence based upon foreign intelligence gathered both abroad and domestically. Authorizes the Director to terminate a center when it is determined to be no longer required to meet an intelligence priority established by the President.
 
(Sec. 145) [sic] Creates within the NIA an Office of Alternative Analysis, to be headed by the Director's appointee, which shall thoroughly examine the facts, assumptions, analytic methods, and judgments contained in each National Intelligence Estimate.
 

Subtitle E: Education and Training of Intelligence Community Personnel - 
(Sec. 151) Requires the Director to provide for the cross-disciplinary education and training of IC personnel.
 
(Sec. 152) Requires the Director to establish an Intelligence Community Scholarship Program with a post-scholarship period of obligated civilian service of 24 months for each academic year of the scholarship.
 
(Sec. 153) Requires the Director to identify the linguistic requirements for the NIA, identify the specific requirements for the range of linguistic skills necessary for the IC, and develop a comprehensive plan for the NIA to meet such requirements through the education, recruitment, and training of linguists.
 
Requires the Director to require heads of each NIA element and component who has responsibility for professional intelligence training to periodically review and revise the curriculum for such training for senior and intermediate level personnel.
 

Subtitle F: Additional Authorities of National Intelligence Authority - 
(Sec. 161) Sets forth additional authorities of the NIA and the Director, including the authority to dispose of property and acquire major systems.
 
(Sec. 162) States that the Director shall require the development and implementation of program management plans for the acquisition of major systems by each intelligence program within the National Intelligence Program. 
 
Requires the Director to: (1) review the acquisition authority of the Directors of NSA and NGIA; and (2) report to specified congressional committees on recommended enhancements to such authority. Requires the Comptroller General to report to Congress on the extent to which the policies and procedures adopted for managing the acquisition of major systems for intelligence purposes, as identified by the Director, are likely to result in successful cost, schedule, and performance outcomes.
 
(Sec. 163) Outlines personnel authorities of the Directors within the NIA.
 
(Sec. 164) Includes NIA personnel under Federal ethics requirements concerning political service, acceptance of gifts, and financial disclosures.
 

Title II: Other Improvements of Intelligence Activities - Subtitle A: Improvements of Intelligence Activities - 
(Sec. 201) Directs the President to disclose to the public, for each fiscal year after 2005, the aggregate amount of appropriations requested in the budget for that fiscal year for the National Intelligence Program. Requires Congress to disclose, for the same fiscal years, the amounts authorized and the amounts appropriated for such Program. Requires the Director to study and report to Congress on the advisability of disclosing to the public amounts requested, authorized, and appropriated for each fiscal year for each element of the IC.
 
(Sec. 202) Establishes a Joint Intelligence Community Council to assist the Director in developing and implementing a joint, unified national intelligence effort to protect national security.
 
(Sec. 203) Requires the Director of the Federal Bureau of Investigation (FBI) to: (1) continue efforts to improve FBI intelligence capabilities; and (2) develop and maintain within the FBI a national intelligence workforce of agents, analysts, linguists, and surveillance specialists. Requires new agent training in national intelligence matters. Requires the FBI Director to carry out a program to enhance FBI capacity to recruit and retain individuals with backgrounds in intelligence, international relations, language, technology, and other skills relevant to the intelligence mission of the FBI. Requires the FBI Director to establish an FBI budget structure to include budgeting for intelligence, counterterrorism, and counterintelligence. Requires the FBI Director to report to Congress on the implementation of the above requirements and related activities.
 
(Sec. 205) Federal Bureau of Investigation Intelligence Career Service Authorization Act of 2005 - Authorizes the FBI Director to establish an FBI Intelligence Career Service that includes positions for FBI intelligence analysts without regard to specified federal employee classification and pay provisions. Requires such Director to submit to specified congressional committees an operating plan with respect to such Service, and to report annually to such committees on the implementation and use of such Service.
 
(Sec. 206) Redesignates the FBI's Office of Intelligence as the Directorate of Intelligence and establishes as its head the Executive Assistant Director for Intelligence of the FBI. Gives the Directorate responsibility for supervising the FBI's national intelligence activities and managing the intelligence program and budget.
 
(Sec. 207) [sic] Requires the President to establish a trusted information network and secure information sharing environment to promote the sharing of intelligence and homeland security information in a manner consistent with national security and protective of privacy and civil liberties. Requires the environment so developed to promote coordination, communication, and collaboration of people and information among all relevant Federal agencies, State, tribal, and local authorities, and relevant private sector entities by using policy guidelines and technologies that support specified criteria.
 
Directs the President to designate an individual as principal officer responsible for information sharing across the Federal Government. Requires the principal officer to: (1) submit to the President and Congress a description of the technological, legal, and policy issues presented by the creation of the environment; (2) establish electronic directory services to assist in locating in the Federal Government intelligence and homeland security information and people with knowledge of such information; and (3) conduct a review of relevant current Federal agency capabilities.
 
Requires the President to issue guidelines on information sharing, classification policy and procedures across Federal agencies, and the protection of privacy and civil liberties in the development and use of the environment.
 
Directs the President to submit to Congress an enterprise architecture and implementation plan for the environment prepared by the principal officer.
 
Establishes an Executive Council on Information Sharing to assist the principal officer.
 
Requires the head of each agency possessing or using intelligence or homeland security information or otherwise participating in the environment to ensure full agency compliance with information sharing requirements.
 
Requires the submission of various reports concerning development of the information sharing environment. Directs the Comptroller General to periodically evaluate implementation of the environment and to report findings to Congress. Authorizes the Inspector General of any Federal agency that possesses or uses intelligence or homeland security information or otherwise participates in the environment to conduct audits or investigations concerning the environment's requirements.
 
Authorizes related appropriations.
 
(Sec. 207) Requires the Director to submit a report to Congress on actions taken to establish for each IC element a component whose purpose is the alternative analysis of information and conclusions in the element's products.
 
(Sec. 208) Requires the Secretary of Defense to submit a report to the House and Senate Armed Services Committees on proposed actions to address the recommendations of the Defense Science Board Task Force on Preventing and Defending Against Clandestine Nuclear Attack as reflected in the Task Force's June 2004 report.
 
(Sec. 209) Requires the Director to ensure, to the extent practicable, the utilization of commercial remote sensing space capabilities to fulfill the imagery and geospatial information requirements of the IC.
 
(Sec. 210) Amends the Public Interest Declassification Act of 2000 to permanently authorize provisions of that Act governing the Public Interest Declassification Board.
 

Subtitle B: Privacy and Civil Liberties - 
(Sec. 211) Establishes within the Executive Office of the President a Privacy and Civil Liberties Oversight Board to: (1) analyze and review actions taken by the Executive branch to protect the Nation from terrorism, ensuring a balance with privacy and civil liberties protections; and (2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism. Requires semiannual Board reports to specified congressional committees and the President on major Board activities with respect to its advisory and oversight functions. Requires the Board to make its reports available to the public and to hold public hearings.
 
(Sec. 212) Requires specified agency heads to designate at least one senior officer to serve as a privacy and civil liberties officer to consider and ensure within that agency the appropriate consideration of privacy and civil liberties issues when protecting the Nation against terrorism. Prohibits agency reprisals for making complaints to a privacy or civil liberties officer. Requires periodic activities reports from such officers to specified congressional committees, the head of such agency, and the Privacy and Civil Liberties Oversight Board. Requires such reports to be made available to the public.
 

Subtitle C: Independence of Intelligence Agencies - 
(Sec. 221) Prohibits the Director from being located within the Executive Office of the President. Requires the Director to provide the President and Congress national intelligence that is timely, objective, and independent of political considerations, and not shaped to serve policy goals. Requires identical intelligence quality requirements with respect to intelligence provided by the directors of the National Counterterrorism Center, each national intelligence center, and the Central Intelligence Agency, as well as with respect to the production of such intelligence by the National Intelligence Council.
 
(Sec. 223) Requires the independence of the National Counterterrorism Center.
 
(Sec. 224) Requires the directors of National Intelligence, the National Counterterrorism Center, and each national intelligence center to provide to specified congressional intelligence committees all intelligence assessments and estimates other than those prepared exclusively for the President. Requires such officials to respond to official congressional requests for such assessments or estimates within 15 days.
 
(Sec. 225) Allows employees of covered agencies involved in intelligence activities and employees of contractors carrying out such activities to disclose directly to congressional committee Members information concerning false or inaccurate statements made to Congress with respect to intelligence information or the withholding of such information.
 
(Sec. 226) Amends the Public Interest Declassification Act of 2000 to redesignate the Public Interest Declassification Board as the Independent National Security Classification Board.
 
Requires the Board, upon request from the chairman or ranking member of specified congressional committees, to review classification decisions of executive agencies with respect to national security information. Authorizes the Board to make recommendations regarding classification to the President.
 

Subtitle D: Homeland Security Civil Rights and Civil Liberties Protection
 - Homeland Security Civil Rights and Civil Liberties Protection Act of 2004 - (Sec. 232) Amends the Homeland Security Act of 2002 to include within the primary mission of the Department of Homeland Security (DHS) to ensure that civil rights are not diminished by efforts aimed at securing the homeland.
 
(Sec. 233) Requires DHS's Officer for Civil Rights and Civil Liberties to report directly to the Secretary of DHS. Includes among the Officer's responsibilities to: (1) assist the Secretary, directorates, and offices of DHS to develop, implement, and periodically review DHS policies and procedures to ensure that the protection of civil rights is appropriately incorporated into DHS programs and activities; (2) oversee compliance with requirements relating to civil rights; (3) coordinate with the Privacy Officer; and (4) investigate complaints and information indicating possible abuses.
 
(Sec. 234) Amends the Inspector General Act of 1978 to direct DHS's Inspector General to designate a senior official within the Inspector General's Office to perform specified functions, including initiating investigations of alleged abuses by DHS employees, officials, contractors, or grantees.
 
(Sec. 235) Requires the DHS's Privacy Officer to report directly to the Secretary. Makes that official responsible for coordinating with the Officer for Civil Rights and Civil Liberties to ensure that programs, policies, and procedures involving civil rights, civil liberties, and privacy are addressed in a comprehensive manner and that Congress receives appropriate reports.
 

Title III: Modifications of Laws Relating to Intelligence Community Management - Subtitle A: Conforming and Other Amendments - 
(Sec. 301) Makes conforming and related amendments to the National Security Act of 1947 and other laws as necessitated by changes made under this Act, including those related to the roles of the National Intelligence Director and the Director of the Central Intelligence Agency and those related to IC elements.
 
(Sec. 306) Redesignates the National Foreign Intelligence Program as the National Intelligence Program.
 
(Sec. 312) Amends the Counterintelligence Enhancement Act of 2002 to make the Director responsible for appointment of the National Counterintelligence Executive (currently, appointed by the President) and to make that Executive a component of the Office of Director.
 

Subtitle B: Transfers and Terminations - 
(Sec. 321) Transfers to the Office of the National Intelligence Director: (1) the staff of the Office of the Deputy Director of Central Intelligence for Community Management; and (2) the National Counterintelligence Executive and its staff. Transfers to the National Counterterrorism Center the Terrorist Threat Integration Center.
 
(Sec. 324) Terminates certain positions within the Central Intelligence Agency.
 

Subtitle C: Other Transition Matters 
- (Sec. 331) Sets forth Executive Schedule pay levels for certain positions established under this Act.
 
(Sec. 333) Authorizes the Director to reorganize, allocate, or reallocate functions and organizational units within the National Intelligence Program.
 
(Sec. 334) Requires the Director, the Comptroller General, and the National Intelligence Council to report to Congress on progress made in the implementation of this Act and related matters. Authorizes the Comptroller General to submit interim reports on such progress. 
 
(Sec. 338) States that the National Intelligence Program shall consist of all programs, projects, and activities that are part of the National Foreign Intelligence Program as of the effective date of this section. Requires the Director and the Secretary of Defense jointly to review specified programs, projects, and activities of the Joint Military Intelligence Program, the Tactical Intelligence and Related Activities Program, and the Defense Intelligence Agency.
 
(Sec. 339) Deems any references to the Director of Central Intelligence as a reference to the National Intelligence Director.
 

Subtitle D: Effective Date 
- (Sec. 341) Sets forth the effective date of titles I through III of this Act.
 

Subtitle E: Other Matters 
- (Sec. 352) Authorizes appropriations for FY 2005.
 

Title IV: Transportation Security
 - (Sec. 401) Requires the Secretary of Homeland Security to: (1) implement a procedure for comparing cruise ship passenger and crew information with a consolidated terrorist watchlist database; (2) use the information obtained from such comparison to prevent terrorists from boarding cruise vessels or to subject them to additional security scrutiny; and (3) ensure the accuracy and integrity of the watchlist database.
 

Title V: Air Cargo Safety 
- Air Cargo Security Improvement Act - (Sec. 502) Amends Federal aviation law to require the screening of cargo that is to be transported in passenger aircraft operated by domestic and foreign air carriers in interstate and intrastate air transportation (currently, only those transported by all-cargo aircraft). Directs the Secretary of Homeland Security (Secretary) to develop a strategic plan to carry out such screening and to implement a pilot program.
 
(Sec. 503) Sets forth certain measures to increase the safety and security of air cargo including the establishment of systems that: (1) provide for the regular inspection of shipping facilities for cargo shipments; (2) provide an industry-wide pilot program database of known cargo shippers; (3) train persons that handle air cargo to ensure that such cargo is properly handled and safeguarded from security breaches; and (4) require air carriers operating all-cargo aircraft to have an approved plan for the security of their air operations area, the cargo placed aboard the aircraft, and persons having access to their aircraft on the ground or in flight.
 
(Sec. 504) Directs the Secretary to conduct random audits, investigations, and inspections of indirect air carrier facilities to determine if the indirect air carriers are meeting the security requirements of this Act. 
 
(Sec. 507) Authorizes the Secretary to establish a program requiring the use of passenger identification technologies at U.S. airports to assist in passenger screening.
 

Title VI: Aviation Security
 - (Sec. 601) Authorizes the Federal Aviation Administration (FAA) to develop a system for issuing pilot's licenses with enhanced security features. Authorizes related appropriations.
 
(Sec. 602) Requires the Secretary to establish a process with appropriate privacy safeguards by which operators of charter aircraft or rental aircraft with a maximum takeoff weight of more than 12,500 pounds may request the Transportation Security Administration (TSA) to compare information about individuals seeking to charter or rent such aircraft and any proposed passengers with a consolidated terrorist watchlist database. Authorizes related appropriations.
 
(Sec. 604) Requires the Secretary to report to Congress on the feasibility of extending such prescreening procedures to charter or rental aircraft with lesser takeoff weights.
 
(Sec. 605) Directs the Secretary to develop standards for determining appropriate aviation security staffing standards for all U.S. commercial airports.
 
Requires the Comptroller General to thereafter conduct an expedited analysis of such standards.
 
Directs the Secretary to study the feasibility of combining under the aegis of the DHS the operations of Federal employees involved in commercial airport screening and aviation security-related functions.
 
(Sec. 606) Authorizes appropriations through FY 2007 for improving aviation security related to the transportation of cargo. Requires the Secretary to implement a grant program to facilitate the development of next-generation air cargo security technology. Authorizes appropriations through FY 2007 to fund airport security improvement projects.
 
(Sec. 607) Requires the Secretary to implement a plan to enhance air cargo security that incorporates the recommendations of the Cargo Security Working Group of the Aviation Security Advisory Committee.
 
Requires the Administrator of the TSA to: (1) promulgate regulations requiring the evaluation of indirect air carriers and ground handling agents, including background checks and checks against watchlists; and (2) evaluate the potential efficacy of increased use of canine detection teams for air cargo inspections.
 
Directs the Secretary, within one year of enactment of this Act, to require a twofold increase in the percentage of cargo screened or inspected compared with the percentage screened or inspected as of September 30, 2004.
 
Amends Federal aviation law to require the Administrator of the TSA, in coordination with the Federal Aviation Administrator, to issue orders requiring all-cargo aircraft operators to: (1) maintain a barrier between the aircraft flight deck and the aircraft cargo compartment; (2) prohibit the possession of a deck door key by any member of the crew not assigned to the deck; and (3) screen each person to be transported on an all-cargo aircraft, search such aircraft, and secure such aircraft that is unattended overnight. Authorizes alternative compliance measures.
 
(Sec. 608) Requires the Secretary to establish a schedule for the placement of explosive detection systems for in-line baggage screening.
 
Authorizes appropriations for research and development of next generation explosive detection systems and portal detection systems or similar devices to detect biological, radiological, and explosive materials. Requires the Secretary to establish a pilot program to evaluate the use of portal detection systems.
 
(Sec. 609) Requires the Secretary to transmit to specified congressional committees a report on the potential for cross-training air marshals and on the need for contingency funding for air marshal operations. Authorizes appropriations for the deployment of Federal air marshals.
 
(Sec. 610) Requires the Secretary to submit to specified congressional committees reports on: (1) baggage claims relating to air transportation security screening procedures; and (2) the implementation of recommendations contained in a General Accounting Office report on information sharing.
 
(Sec. 612) Authorizes appropriations for: (1) research and development of biometric technology applications to aviation security; (2) the establishment of competitive centers of excellence at the national laboratories; and (3) airport perimeter security.
 
(Sec. 614) Amends Federal aviation law to require air carriers to offer bereavement fares to the public.
 
(Sec. 615) Requires the TSA to complete a review of the Prohibited Items List under current regulations within 60 days of enactment of this Act, revise that list to prohibit air passengers from carrying butane lighters, and make other appropriate modifications.
 
(Sec. 616) Requires the Secretary, in coordination with the head of the TSA and the Under Secretary for Science and Technology, to report to Congress on protecting commercial aircraft from the threat of man-portable air defense systems.
 
(Sec. 617) Directs the Secretary to report to specified congressional committees on passenger and carryon baggage screening devices to detect explosives, including in chemical and plastic forms.
 
(Sec. 618) Requires the Secretary to submit a classified report to specified congressional committees on the number of individuals serving only as sworn Federal air marshals, along with other specified details of the air marshal program.
 
(Sec. 619) Directs the Secretary to designate individuals and parties to whom Federal air marshals shall identify themselves and prohibits the exposure of the identity of air marshals except pursuant to the Secretary's designation.
 
(Sec. 620) Requires the DHS's Under Secretary for Border and Transportation Security to provide assistance for the installation in public airports of security monitoring cameras in baggage handling areas that are not open to public view, in order to deter theft from checked baggage and to aid in the resolution of liability claims against the TSA.
 

Title VII: Other Matters
 - (Sec. 701) Authorizes the Secretary of State, in each year from FY 2006 through FY 2009, to increase by 150 the number of consular officers.
 
Amends the Immigration and Nationality Act (INA) to require all immigrant and nonimmigrant visas to be reviewed and adjudicated by a consular officer (thus limiting the use of foreign nationals for visa screening). 
 
Amends the Enhanced Border Security and Visa Entry Reform Act of 2002 to require training in detecting fraudulent documents for consular officers.
 
Requires the Secretary of State, in coordination with the Secretary, to conduct a survey of each visa issuing diplomatic and consular post to assess the extent of document fraud and to assign anti-fraud specialists to those posts experiencing the greatest frequency of fraud, unless DHS employees are already assigned to such posts.
 
(Sec. 702) Requires the Secretary to increase the number of full-time Border Patrol agents and full-time immigration and customs enforcement inspectors. Requires not less than 20 percent of additional Border Patrol agents to be assigned to the northern border.
 

Title VIII: Visa Requirements
 - (Sec. 801) Amends the INA to require aliens age 12 through 65 who are applying for nonimmigrant visas to submit to in-person interviews with consular officers unless such interview is waived in specified circumstances. 
 
Mandates in-person interviews for all aliens who: (1) are not nationals of the country in which they are applying for a visa; (2) were previously refused a visa; (3) are listed in the Consular Lookout and Support System; (4) are prohibited from obtaining a visa until a security advisory opinion or other Department of State clearance is issued; or (5) are identified as members of a high-risk group identified by the Secretary of State.
 

Title IX: Advanced Technology Northern Border Security Pilot Program 
- (Sec. 901) Authorizes the Secretary to carry out a pilot program to test advanced technologies to improve border security between ports of entry (POEs) along the northern border of the United States. Specifies the required features of such program. Requires coordination of such program among United States, State and local, and Canadian law enforcement and border security agencies.
 
(Sec. 904) Requires the Secretary to report to Congress on the pilot program.
 
(Sec. 905) Authorizes appropriations for the pilot program.
 

Title X: 911 Commission Implementation Act of 2004 - Subtitle A: The Role of Diplomacy, Foreign Aid, and the Military in the War on Terrorism 
- Expresses the sense of Congress regarding: (1) terrorist sanctuaries; (2) the role of Pakistan in countering terrorism; (3) aid to Afghanistan and revisions to the Afghanistan Freedom Support Act of 2002; (4) the United States-Saudi Arabia relationship; (5) efforts to combat Islamist terrorism; (6) U.S. policy toward dictatorships; (7) the promotion of U.S. values through broadcast media; (8) the expansion of U.S. scholarship and exchange programs in the Islamic world; (9) the use of economic policies to combat terrorism; (10) the need for an international contact group on counterterrorism; (11) the proliferation of weapons of mass destruction; and (12) terrorist financing. 
 
(Sec. 1004) Authorizes appropriations for aid to Afghanistan through FY 2009, subject to specified conditions.
 
(Sec. 1008) Authorizes appropriations for certain U.S. Government broadcasting activities through FY 2009.
 
(Sec. 1009) Authorizes the President to expand U.S. exchange, scholarship, and library programs, especially such program that benefit people in the Arab and Muslim worlds.
 
(Sec. 1010) Requires the President to establish an International Youth Opportunity Fund to provide financial assistance for the improvement of public education in the Middle East. Authorizes appropriations for the Fund through FY 2009.
 
(Sec. 1012) Authorizes appropriations through FY 2009 for the Middle East Partnership Initiative.
 
(Sec. 1013) Authorizes the President to establish an international counterterrorism policy contact group with the leaders of governments providing leadership in global counterterrorism and governments of countries with sizable Muslim populations.
 
(Sec. 1014) States the policy of the United States regarding the humane treatment of foreign prisoners.
 
Requires the Department of Defense (DOD) to submit to the appropriate congressional committees: (1) a quarterly report on the number of prisoners denied Prisoner of War (POW) status and the reasons for such denial; (2) a report on the use of military commissions at Guantanamo Bay, Cuba; (3) all International Committee of the Red Cross reports completed prior to enactment of this Act that address the treatment of prisoners in U.S. custody at Guantanamo Bay, Iraq, and Afghanistan; and (4) a report setting forth approved prisoner interrogation techniques.
 
Directs the DOD to certify that all Federal employees and civilian contractors engaged in prisoner interrogation have fulfilled specified training requirements.
 
States that no prisoner shall be subject to torture or cruel, inhumane, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of the United States. Requires the Secretary of Defense and the Director to prescribe regulations to ensure compliance with this prohibition and to report to Congress on possible violations. Preserves application of the Geneva Conventions.
 
Requires the President to submit to Congress a report describing the Government's efforts to develop an approach toward the detention and treatment of captured international terrorists that will be adhered to by all countries that are members of the coalition against terrorism.
 
(Sec. 1015) Directs the President to submit to Congress a comprehensive strategy for expanding and strengthening the Cooperative Threat Reduction, Global Threat Reduction Initiative, and other nonproliferation assistance programs. Requires the strategy to include a plan for securing nuclear weapons and related materials that are most likely to be acquired or sought by terrorist organizations.
 
(Sec. 1016) Requires the President to submit to Congress a report evaluating U.S. efforts to curtail international financing of terrorism and a report on activities of the Government to carry out the provisions of this title.
 

Subtitle B: Terrorist Travel and Effective Screening
 - (Sec. 1021) Requires the Secretary to submit to Congress a strategy for combining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility. 
 
Directs the Secretary, in conjunction with the Secretary of State, to submit to Congress a plan describing how the DHS and the Department of State can acquire and deploy to all consulates, POEs, and immigration benefits offices technologies facilitating document authentication and the detection of potential terrorist indicators on travel documents.
 
Requires the Secretary and the Secretary of State to implement annual training programs for consular, border, and immigration officers on the detection and disruption of terrorist travel and to certify to Congress that their respective personnel have received such training.
 
Authorizes appropriations for counterterrorist travel technology and training.
 
Requires the Director to increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel. Authorizes appropriations through FY 2009 for that purpose.
 
(Sec. 1022) Requires the Secretary to develop a plan for a comprehensive integrated screening system that: (1) encompasses an integrated network of screening points; (2) builds upon existing border security activities; (3) allows access to government databases to detect terrorists; and (4) uses biometric identifiers. Authorizes the Secretary to promulgate standards for screening procedures. Directs the Secretary to establish procedures for ensuring data accuracy and integrity. Requires the development of similar procedures by each head of a Federal agency with databases and data systems linked to the integrated screening system.
 
Sets forth a phased implementation plan for the border security programs required by this Act.
 
(Sec. 1023) Requires the Secretary to develop a plan to accelerate full implementation of an automated biometric entry and exit data system (entry-exit system) and report to Congress on such plan.
 
Requires the entry-exit system to include a requirement for the collection of biometric exit data for all individuals required to provide biometric entry data.
 
Directs the Secretary to: (1) fully integrate all databases and data systems that process or contain information on aliens and make it an interoperable component of the entry-exit system; and (2) fully implement an interoperable electronic data system that provides access to Federal law enforcement and intelligence information relevant to visa issuance or the admissibility or deportability of an alien.
 
Requires the Secretary to establish procedures to ensure the accuracy and integrity of data in the entry-exit system. Requires the development of similar procedures by each head of a Federal agency with databases and data systems linked to the entry-exit system.
 
Directs the Secretary to implement a registered traveler program to expedite processing of travelers entering and exiting the United States and to integrate that program with the entry-exit system.
 
(Sec. 1024) Directs the Secretary of State to implement a plan to require biometric passports or other secure passports for all travel into the United States by U.S. citizens and by categories of individuals for whom documentation requirements were previously waived.
 
(Sec. 1025) Expresses the sense of Congress that the U.S. Government should: (1) exchange terrorist information with trusted allies; (2) move toward real-time verification of passports with issuing authorities; (3) where practicable, conduct passenger prescreening for flights destined for the United States; (4) work with other countries to ensure effective airport inspection regimes; and (5) work with other countries to improve passport standards.
 
Requires the Secretary and the Secretary of State to submit a report to appropriate congressional committees on Federal efforts to collaborate with U.S. allies in the exchange of terrorist information.
 
Amends the INA to require the Secretary to establish preinspection stations in at least 25 additional foreign airports. Requires the Secretary and the Secretary of State to submit a progress report on implementation of this requirement to specified congressional committees.
 
(Sec. 1026) Requires the Secretary of Health and Human Services (HHS) to establish minimum standards for birth certificates for use by Federal agencies for official purposes. Prohibits Federal agencies from accepting nonconforming birth certificates beginning two years after promulgation of such standards. Requires States to certify compliance with such standards.
 
Directs the Secretary of HHS to award grants to States to assist them in conforming to the minimum standards for birth certificates and in developing the capacity to match birth and death records.
 
(Sec. 1027) Requires the Secretary of Transportation to establish minimum standards for driver's licenses or personal identification cards issued by States for use by Federal agencies for identification purposes, following a negotiated rulemaking process that includes State representatives. Prohibits Federal agencies from accepting nonconforming driver's licenses or personal identification cards issued by a State more than two years after promulgation of such standards. Requires States to certify compliance with such standards.
 
Requires the Secretary of Transportation to award grants to States to assist them in conforming to such standards.
 
(Sec. 1028) Requires the Commissioner of Social Security to: (1) issue regulations restricting the issuance of multiple replacement social security cards; (2) require verification of records supporting an application for an original social security card; and (3) add death, fraud, and work authorization indicators to the social security number verification system.
 
Directs the Commissioner to establish an interagency task force for the improvement of social security cards and numbers. Requires the task force to establish security requirements.
 

Subtitle C: Transportation Security
 - (Sec. 1032) Requires the Secretary to implement a National Strategy for Transportation Security and to submit that strategy and periodic progress reports to Congress.
 
States that the strategy shall be the governing document for Federal transportation security efforts.
 
(Sec. 1033) Requires the Secretary, acting through the TSA, to: (1) implement a procedure under which the TSA compares air passenger information for flights originating in the United States with a consolidated database containing terrorist information; (2) use the results of that comparison to prevent known or suspected terrorists from boarding flights or subjecting them to additional scrutiny through no fly and automatic selectee lists or other means; and (3) require air carriers to supply necessary passenger information. 
 
Directs the Secretary to develop procedures to maintain the accuracy and integrity of no fly and automatic selectee lists.
 
(Sec. 1034) Requires the Secretary to take necessary action to: (1) improve capabilities at passenger screening checkpoints to detect explosives (and to take immediate interim action until such measures are implemented); (2) improve the job performance of airport screening personnel; (3) expedite installation and use of advanced in-line baggage screening equipment at commercial airports; and (4) ensure that the TSA improves efforts to screen potentially dangerous cargo.
 
Authorizes appropriations through FY 2009 for accelerated research and development of technologies for screening aircraft passengers for explosives.
 
Requires the Secretary to conduct a pilot program to evaluate the use of currently available blast-resistant containers for cargo and baggage on passenger aircraft. Authorizes assistance for air carrier participation in such program.
 
Authorizes appropriations to carry out this section.
 

Subtitle D: National Preparedness
 - (Sec. 1041) Expresses the sense of Congress that: (1) emergency response agencies nationwide should adopt the Incident Command System; (2) when multiple agencies or jurisdictions are involved, they should follow a unified command system; and (3) the Secretary should require grant applicants to document measures taken to implement the Incident Command System and unified command procedures as a condition of receiving homeland security preparedness funds.
 
(Sec. 1042) Authorizes the Mayor of the District of Columbia, representatives of the Federal government, the Governors of Maryland and Virginia, or the chief operating officer of a locality to enter into Mutual Aid Agreements (MAAs) with localities, the Washington Metropolitan Area Transit Authority, the Metropolitan Washington Airports Authority, and other governmental entities for specified support during emergency or public service events, preparation or response to such events, and necessary training.
 
Authorizes the District of Columbia to purchase liability and indemnification insurance or become self insured against claims arising under an MAA. Authorizes related appropriations.
 
Addresses liability and authorizes actions at law for actions or omissions under MAAs. Creates a good faith exception for such liability.
 
(Sec. 1043) Amends the Homeland Security Act of 2002 to require the Secretary to support the establishment of effective emergency communications capabilities for urban areas determined to be at a consistently high risk of terrorist attacks.
 
(Sec. 1044) Directs the Secretary to establish a program to promote private sector preparedness for terrorism and other emergencies, including promoting the adoption of a voluntary national preparedness standard.
 
(Sec. 1045) Requires the Secretary to submit to Congress ongoing reports on the DHS's progress in completing vulnerability and risk assessments of critical infrastructure, the adequacy of the Government's plan to protect such infrastructure, and the Government's readiness to respond to threats against the United States.
 
(Sec. 1046) Requires the Secretary of Defense to submit to specified congressional committees an annual report on the defensive plans and strategies of the U.S. Northern Command.
 

Subtitle E: Homeland Security Grants 
- Homeland Security Grant Enhancement Act of 2004 - (Sec. 1053) Preserves specified Federal grant programs for traditional first responder missions that existed prior to September 11, 2001.
 
(Sec. 1054) Establishes the Interagency Committee to Coordinate and Streamline Homeland Security Grant Programs.
 
(Sec. 1055) Creates the position of Executive Director (to be appointed by the President) to head the DHS Office of State and Local Government Coordination and Preparedness.
 
Reconstitutes the DHS Office for Domestic Preparedness as a component of the Office of State and Local Government Coordination and Preparedness (currently, within the Directorate of Border and Transportation Security) and gives it additional responsibility for managing the Homeland Security Information Clearinghouse.
 
Establishes the Homeland Security Information Clearinghouse within the Office for State and Local Government Coordination.
 
(Sec. 1056) Establishes a Threat-Based Homeland Security Grant Program under which the Secretary is authorized to award grants to States and local governments to address homeland security matters related to terrorism or major disasters. Lists allowable and prohibited uses of grant funds.
 
Requires grant applications to certify that the State has prepared and received the Secretary's approval of a three-year State homeland security plan.
 
Sets forth an allocation scheme for grant funds.
 
Requires the Secretary to set national performance standards and to ensure that State homeland security plans are in conformance with those standards.
 
Directs the Under Secretary for Emergency Preparedness and Response to participate in, and report to specified congressional committees on, grantmaking under the Threat-Based Homeland Security Grant Program for non-law enforcement grants to ensure consistency with the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
 
Requires the Secretary to annually report to Congress on specified aspects of the grant program.
 
(Sec. 1057) Requires: (1) the Comptroller General to conduct annual audits of the Threat-Based Homeland Security Grant Program and report the results to Congress; (2) the Secretary to periodically review grants made under the program to ensure that funds are allocated consistent with DHS guidelines; and (3) the Secretary to impose specified penalties for grant recipient noncompliance with applicable regulations or guidelines. 
 
(Sec. 1058) Requires the Director of the Office for Domestic Preparedness to allow any State to request approval to reallocate funds received under the State Homeland Security Grant Program.
 
(Sec. 1059) Requires U.S. Customs and Border Protection (CBP) to report to Congress on the screening of municipal solid waste transported into the United States. 
 
States that, if CBP fails within six months of the report's due date or submission (whichever is earlier) to fully implement actions to achieve comparable screening of such waste for the presence of chemical, nuclear, biological, and radiological weapons as is used for other items of commerce entering the United States, the Secretary shall deny entry to commercial motor vehicles carrying such waste until the Secretary certifies to Congress that comparability has been achieved.
 

Subtitle F: Public Safety Spectrum 
- Spectrum Availability for Emergency-Response and Law-Enforcement to Improve Vital Emergency Services (SAVE LIVES) Act - (Sec. 1063) Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to complete by December 31, 2007, the return and reassignment for public safety services of certain portions of the television broadcast spectrum. Authorizes the FCC to waive reassignment requirements in the absence of a bona fide request from relevant first responders and to the extent necessary to avoid consumer disruption.
 
(Sec. 1064) Requires the FCC to conduct studies and report to specified congressional committees on potential strategies for meeting public safety communications needs and the advisability of reallocating any amount of spectrum in the 700 megaHertz band for unlicensed broadband uses.
 
(Sec. 1065) Requires the DHS's Under Secretary for Science and Technology to establish the Wireless Public Safety Interoperability Communications Program (SAFECOM) to address the interoperability of communications devices used by Federal, State, tribal, and local first responders. Authorizes related appropriations.
 
Requires the Under Secretary to complete a study to develop a national baseline for communications interoperability and common guidance for communications-related grant programs or assistance.
 
(Sec. 1066) Requires the Secretary to establish a program to help State, local, tribal, and regional first responders acquire and deploy interoperable communications equipment. Authorizes such assistance to be given in the form of single grants for a period of no more than three years.
 
(Sec. 1067) Establishes the Digital Transition Consumer Assistance Fund, to be administered by the Secretary to provide funding for the digital transition program and interoperable communications grants for first responders required by this Act. Authorizes related appropriations.
 
(Sec. 1068) Requires the Secretary, in consultation with the FCC and the Director of the Office of Management and Budget, to establish a program to assist households in transitioning from analog to digital television broadcast signals. Requires the program to: (1) be publicly available by January 1, 2008; (2) give first priority to lower income households who rely exclusively on over-the-air television broadcasts; (3) give second priority to assisting other exclusively over-the-air households; (4) be technologically neutral; and (5) be conducted at the lowest feasible administrative cost.
 
(Sec. 1069) Gives the FCC authority, if it acts to set a hard deadline for the return of analog spectrum, to: (1) require analog television sets that will be incapable of broadcasting digital signals without an external device to be labeled as such; and (2) require the display of printed notices communicating similar information at commercial retail sales displays of such televisions.
 
(Sec. 1070) Requires the Assistant Secretary of Commerce for Communications and Information to send a report to specified congressional committees with recommendations concerning an effective program to educate consumers about the transition to digital broadcast signals.
 
(Sec. 1071) Directs the FCC to issue final decisions in three pending proceedings by specified deadlines.
 

Subtitle G: Presidential Transition 
- (Sec. 1081) Amends the Presidential Transition Act of 1963 to add to the list of services provided Presidents-elect a summary by the relevant outgoing executive branch officials of specific operational threats to national security, major military or covert operations, and pending decisions on possible uses of military force. 
 
States that the President-elect should submit names of candidates for high level national security positions to the FBI or other appropriate agency which shall complete background investigations as expeditiously as possible to provide security clearances before the inauguration of the President-elect and the Vice President-elect.
 
Authorizes major party candidates for President to request security clearances for prospective transition team members before the date of the general election.
 

Title XII: General Provisions
 - (Sec. 1101) Amends Federal law to enhance Federal agency planning for information security needs.
 
(Sec. 1102) Requires the Office of Government Ethics to submit a report to Congress evaluating the financial disclosure process for executive branch employees and making recommendations for improving that process.
 
Requires the Office of Personnel Management to transmit an electronic record on Presidentially appointed positions to major party candidates for President not later than 15 days after the candidate's nomination.
 
Directs the head of each executive agency to submit a Presidential appointment reduction plan to the President and specified congressional committees.
 
Requires the Director of the Office of Government Ethics to conduct a comprehensive review of conflict of interest laws relating to Federal employment and to report his or her findings to the President and specified congressional committees.
 
(Sec. 1103) Amends the Homeland Security Act of 2002 to establish the Office of Geospatial Management within the DHS Office of the Chief Information Officer, to be headed by a Geospatial Information Officer appointed by the Secretary.
 
Requires the Chief Information Officer, assisted by the Geospatial Information Officer, to establish and carry out a program to provide for the efficient use of geographic information. Authorizes related appropriations.
 
(Sec. 1104) Requires the development of communications capabilities in high-risk urban areas to give all levels of government appropriate and timely access to the Information Sharing Network described in this Act.
 
(Sec. 1105) States that the United States needs to implement the recommendations of the National Commission on Terrorist Attacks Upon the United States to adopt a unified incident command center and significantly enhance communications connectivity between and among civilian authorities, local first responders, and the National Guard.
 
(Sec. 1106) Amends the Aviation and Transportation Security Act to extend a provision requiring each air carrier to provide air transportation to passengers of another air carrier that has suspended, interrupted, or discontinued service due to insolvency or bankruptcy.
 
(Sec. 1108) Requires the Secretary, in coordination with the Secretary of Defense and the Administrator of the FAA, to submit a report to specified congressional committees: (1) describing procedures for addressing the threat of inbound all-cargo aircraft that intelligence sources indicate could carry explosive, incendiary, chemical, biological, or nuclear devices; and (2) analyzing the potential for establishing secure facilities along established international aviation routes for the purpose of diverting and securing such aircraft.
 
(Sec. 1109) Authorizes the Secretary to award grants on a competitive basis to States, local governments, local law enforcement agencies, and local fire departments to improve or purchase communications systems allowing for interoperable communications between State and local first responders. Authorizes related appropriations through FY 2009.
 
(Sec. 1110) Requires the Secretary to submit a report to Congress providing information on TSA administrative and airport sites, the information technology and telecommunications capabilities of each TSA site, and an assessment of current and future TSA needs regarding information technology and telecommunications.
 
(Sec. 1111) Requires the National Intelligence Director to establish a formal relationship between the intelligence community and the National Infrastructure Simulation and Analysis Center.
 
(Sec. 1112) Directs the Secretary, in coordination with the FCC and the National Telecommunications and Information Administration, to assess potential technical and operational standards and protocols for a nationwide interoperable communications network that may be used by public safety, homeland security, and other first responder personnel, consistent with the SAFECOM national strategy.
 
(Sec. 1113) Directs the Secretary to adopt national goals and guidelines for communications equipment interoperability, develop an implementation plan for those goals and guidelines, execute the plan, and report to specified congressional committees on the plan and annually thereafter on progress toward implementation.
 
Requires the President to establish a mechanism for coordinating cross-border interoperability issues with Canada and Mexico.
 
Authorizes appropriations through FY 2009. 
 
(Sec. 1114) Requires the Secretary to transmit to Congress specified strategic plan reports under current law.
 
(Sec. 1115) Directs the President, acting through the Secretary of the Treasury, to submit to Congress a report evaluating the current status of U.S. efforts to curtail international financing of terrorism.
 
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to impose administrative and civil penalties on any person who: (1) has served as senior Federal bank examiner of a particular financial institution or insured credit union for two or more months during the final 12 months of Federal employment; and (2) knowingly accepts compensation as an employee, officer, director, or consultant from that institution (including its holding company, a subsidiary, or an affiliate) or credit union within one year after departure from Federal service. Authorizes waivers of this restriction where the relevant authority certifies that granting the waiver would not affect the integrity of the Government's supervisory program. 
 
(Sec. 1116) Private Security Officer Employment Authorization Act of 2004 - Allows employers of private security officers who are authorized by regulation to request criminal history record information searches of such security officers through a State identification bureau (authorized employers) to submit fingerprints or other means of positive identification for purposes of such searches. Requires written consent from employees prior to such searches and employee access to any information received.
 
Establishes criminal penalties for the knowing and intentional use of information obtained through criminal history record information searches for purposes other than determining an individual's suitability for employment as a private security officer.
 
(Sec. 1117) Biometric Visa Standard Distant Borders Act - Amends the Enhanced Border Security and Visa Entry Reform Act of 2002 to require the Secretary of State, no later than October 26, 2006, to certify to Congress which visa waiver program (VWP) countries are developing a program to issue machine readable, tamper-resistant visa documents with verifiable biometric identifiers.
 
(Sec. 1118) Requires the Secretary of the Treasury to submit annual reports to Congress on the allocation of resources within the Office of Foreign Assets Control.
 
(Sec. 1119) Directs the Attorney General to submit annual reports to specified congressional committees on the FBI's use of translators.
 
(Sec. 1120) Requires the National Intelligence Director to report to Congress on the criteria for placing individuals on the Terrorist Screening Center consolidated screening watch list. Requires the report to be in unclassified form and available to the public to the greatest extent possible.
 
Directs the Secretary to establish a process for individuals to challenge automatic selectee or no fly designations on applicable lists maintained by the TSA and to have their names removed from such lists if erroneously present.
 
Requires the DHS's Privacy Officer to submit a report to specified congressional committees assessing the impact of no fly and automatic selectee lists on privacy and civil liberties. Requires the report to be in unclassified form and available to the public to the greatest extent possible. 
 
(Sec. 1121) Requires the Secretary, in coordination with the Executive Director of the Office of State and Local Government Coordination and Preparedness and the Undersecretary for Science and Technology, to establish interagency communications pilot projects in high threat urban areas or regions, consistent with the DHS's national strategic plan. Directs the Secretary to submit to Congress interim and final reports on the pilot projects. Authorizes appropriations to carry out this section.
 
(Sec. 1122) Requires the Secretary to submit to the President and appropriate congressional committees a comprehensive plan for the systematic surveillance of the southwest border of the United States by remotely piloted aircraft and to implement that plan when sufficient funds become available. Authorizes related appropriations.
 
(Sec. 1123) Requires the FBI to continually maintain and update an enterprise architecture (a detailed outline of FBI information technology that will satisfy the FBI's ongoing mission and goals) and maintain an information technology infrastructure that complies with such enterprise architecture.
 
Requires the Director of the FBI annually to report to specified congressional committees on whether major FBI information technology investments are in compliance with the FBI's enterprise architecture, with more frequent reporting during periods of noncompliance.
 
(Sec. 1124) Requires the National Intelligence Director to submit an annual report to Congress, made public to the extent possible with a classified annex, on all activities of the intelligence community to use or develop data-mining technology.

action_date: 2004-12-07
text: 
Intelligence Reform and Terrorism Prevention Act of 2004 - 
Title I: Reform of the Intelligence Community 
- National Security Intelligence Reform Act of 2004 - 
Subtitle A: Establishment of Director of National Intelligence 
 - (Sec. 1011) Amends the National Security Act of 1947 to establish a Director of National Intelligence (Director), to be appointed by the President with the advice and consent of the Senate. Requires the Director to have extensive national security expertise. Prohibits the Director from being located within the Executive Office of the President or simultaneously serving as head of the Central Intelligence Agency (CIA) or any other intelligence community (IC) element.
 
Gives the Director primary responsibility for: (1) serving as head of the IC; (2) acting as principal adviser for intelligence matters related to national security; and (3) managing, overseeing, and directing the execution of the National Intelligence Program (formerly known as the National Foreign Intelligence Program). Requires the Director to ensure that timely, objective, and independent national intelligence based upon all available sources is provided to: (1) the President; (2) the heads of departments and agencies of the executive branch; (3) the Chairman of the Joint Chiefs of Staff and senior military commanders; and (4) the Senate and House of Representatives and congressional committees.
 
Gives the Director access to all national intelligence and intelligence related to national security collected by Federal entities, unless otherwise directed by the President.
 
Outlines budgetary duties of the Director, including: (1) the development of an annual consolidated budget for the National Intelligence Program (the Program); and (2) participation in the development of annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities.
 
Requires the Director to manage funds appropriated for the Program.
 
Authorizes the Director to: (1) transfer and reprogram funds within the Program, with the approval of the Director of the Office of Management and Budget (OMB) and after consultation with the affected agencies; and (2) transfer IC element personnel to the national intelligence center or to other IC elements, with the OMB Director's approval and after notice to specified congressional committees.
 
Requires the Director to, among other things: (1) develop standards for the collection and dissemination of national intelligence; (2) oversee the National Counterterrorism Center (NCC) established by this Act; (3) prescribe personnel policies for the IC; (4) ensure compliance with the law by the CIA and other IC elements; (5) promote intelligence information sharing within the IC; (6) make intelligence analysis a priority within the IC; (7) implement guidelines for the protection of intelligence sources and methods; (8) oversee the coordination of the relationships between IC elements and their foreign counterparts; (9) establish requirements and priorities for the collection of foreign intelligence information under the Foreign Intelligence Surveillance Act of 1978 (FISA) and assist the Attorney General in the dissemination of information collected under FISA-related searches and surveillance; and (10) develop an enterprise architecture for the IC.
 
Requires the Director: (1) subject to the direction of the President, to establish uniform procedures for access to sensitive compartmented information; (2) subject to the direction of the President and after consultation with the Secretary of Defense, to ensure that Program budgets for IC elements within the Department of Defense (DOD) are adequate; and (3) to coordinate performance by IC elements within the Program in areas of common concern.
 
Establishes an Office of the Director of National Intelligence and related positions.
 
Establishes a National Intelligence Council to produce national intelligence estimates for the U.S. Government and evaluate the collection and production of intelligence by the IC. 
 
Establishes within the Office of the Director, among other positions: (1) a Civil Liberties Protection Officer; (2) a Director of Science and Technology; and (3) a National Counterintelligence Executive.
 
Specifies the functions of the CIA and the CIA Director.
 
(Sec. 1012) Amends the National Security Act of 1947 to redefine &quot;national intelligence&quot; and &quot;intelligence related to national security&quot; to refer to all intelligence, regardless of the source, that pertains to more than one Government agency and involves: (1) threats to the United States, its people, property, or interests; (2) the development, proliferation, or use of weapons of mass destruction (WMDs); or (3) any other matter bearing on national or homeland security.
 
(Sec. 1013) Requires the Director, in consultation with the Secretary of Defense and the Director of the CIA, to develop joint procedures to be used by the DOD and the CIA to improve operational coordination.
 
(Sec. 1014) Gives the Director a role in the appointment of certain intelligence officials.
 
(Sec. 1016) Requires the President to establish a secure information sharing environment (ISE) for the sharing of intelligence and related information in a manner consistent with national security and the protection of privacy and civil liberties, incorporating specified attributes.
 
Establishes an Information Sharing Council to assist the President and the ISE program manager with ISE-related duties.
 
(Sec. 1017) Requires the Director to establish a process and assign responsibility for ensuring that elements of the IC conduct alternative (&quot;red-team&quot;) analysis of information and conclusions in IC products.
 
(Sec. 1018) Directs the President to issue guidelines ensuring the effective implementation of the Director's authorities in a manner that does not abrogate the statutory responsibilities of Federal agency heads.
 
(Sec. 1019) Requires the Director to assign responsibility for ensuring the timeliness and analytical integrity of IC products.
 
Requires the preparation of reports relating to the requirements of this subtitle.
 

Subtitle B: National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers 
- (Sec. 1021) Establishes the National Counterterrorism Center (NCC) to: (1) analyze and integrate all U.S. intelligence pertaining to terrorism and counterterrorism; (2) conduct strategic operational planning for counterterrorism activities; (3) ensure that intelligence agencies have access to, and receive, all intelligence needed to accomplish their missions; and (4) serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups. 
 
Authorizes the Center to receive intelligence pertaining exclusively to domestic counterterrorism.
 
Sets forth the duties and responsibilities of the Center's Director including, among other things: (1) serving as the principal advisor to the Director on intelligence operations relating to counterterrorism; and (2) taking primary responsibility within the U.S. Government for conducting net assessments of terrorist threats.
 
Requires the NCC Director to establish within the NCC a Directorate of Strategic Operational Planning.
 
(Sec. 1022) Amends the National Security Act of 1947 to require the President to establish a National Counter Proliferation Center. 
 
(Sec. 1023) Authorizes the Director to establish National Intelligence Centers to address intelligence priorities, including but not limited to regional issues.
 

Subtitle C: Joint Intelligence Community Council
 - (Sec. 1031) Establishes a Joint Intelligence Community Council (JICC) to assist the Director in developing and implementing a joint, unified national intelligence effort to protect national security. Authorizes any member of the JICC to make recommendations to Congress.
 

Subtitle D: Improvement of Education for the Intelligence Community
 - (Sec. 1041) Requires the Director to identify the linguistic requirements for the Office of the Director of National Intelligence, identify the specific requirements for the range of linguistic skills necessary for the IC, and develop a comprehensive plan for the Office to meet such requirements through the education, recruitment, and training of linguists.
 
Requires the Director to require heads of each element and component within the Office with responsibility for professional intelligence training to periodically review and revise the curriculum for such training for senior and intermediate level personnel.
 
(Sec. 1042) Requires the Director to provide for the cross-disciplinary education and training of IC personnel.
 
(Sec. 1043) Requires the Director to establish an Intelligence Community Scholarship Program with a post-scholarship period of obligated civilian service of 24 months for each academic year of the scholarship.
 

Subtitle E: Additional Improvements of Intelligence Activities 
- (Sec. 1051) States that the Director, in cooperation with the Secretaries of Defense and Energy, should seek to ensure that each DOD service laboratory and each Department of Energy national laboratory may assist the Director in all aspects of technical intelligence and make their resources available to the IC.
 
(Sec. 1052) Expresses the sense of Congress that: (1) the Director should establish an intelligence center to coordinate the collection, analysis, production, and dissemination of open source intelligence to IC elements; (2) open source intelligence is valuable and must be integrated into the intelligence cycle; and (3) the intelligence center should ensure that each IC element uses open source intelligence consistent with its mission.
 
Requires the Director to report on the Director's decision regarding the establishment of an intelligence center.
 
(Sec. 1053) Authorizes the Director to provide for the establishment and training of a National Intelligence Reserve Corps for the temporary employment on a voluntary basis of former IC employees during periods of emergency. 
 

Subtitle F: Privacy and Civil Liberties
 - (Sec. 1061) Establishes within the Executive Office of the President a Privacy and Civil Liberties Oversight Board to: (1) analyze and review actions taken by the Executive branch to protect the Nation from terrorism, ensuring a balance with privacy and civil liberties protections; and (2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism. Requires annual reports on major Board activities.
 

Subtitle G: Conforming and Other Amendments
 - (Sec. 1071) Makes conforming amendments to existing law relating to the Director's role, the role of the CIA Director, and other matters.
 
(Sec. 1074) Redesignates the National Foreign Intelligence Program as the National Intelligence Program.
 
(Sec. 1078) Amends the Inspector General Act of 1978 to authorize the Director to establish an Office of Inspector General.
 

Subtitle H: Transfer, Termination, Transition and Other Provisions 
- (Sec. 1091) Transfers: (1) such staff of the Community Management Staff to the Office of the National Intelligence Director as the Director deems appropriate; and (2) the Terrorist Threat Integration Center to the NCC.
 
(Sec. 1093) Terminates the positions of Assistant Director of Central Intelligence for Collection, Assistant Director of Central Intelligence for Analysis and Production, and Assistant Director of Central Intelligence for Administration.
 
(Sec. 1094) Requires the President to transmit to Congress a plan for implementation of this title.
 
(Sec. 1095) Requires the Director to submit a report on progress made in implementing this title.
 

Subtitle I: Other Matters 
- (Sec. 1101) Requires the Secretary of Defense to study and report to specified congressional committees on promotion selection rates, and selection rates for professional military school attendance, of intelligence officers of the Armed Forces in comparison to the rates for other officers of the Armed Forces.
 
(Sec. 1102) Amends the Public Interest Declassification Act of 2000 to require the Public Interest Declassification Board to report directly to the President or, upon the President's designation, to the Vice President, Attorney General, or other designee (but precludes designation to an agency head or official who is authorized to classify information).
 
Adds to the list of purposes of the Board reviewing and making recommendations to the President with respect to any congressional requests to declassify or reconsider declassification of records.
 
Requires the Board to conduct declassification reviews upon the President's request.
 

Title II: Federal Bureau of Investigation
 - (Sec. 2001) Directs the Director of the Federal Bureau of Investigation (hereinafter FBI Director) to continue efforts to improve the intelligence capabilities of the FBI and to develop and maintain within the FBI a national intelligence workforce.
 
Requires the FBI Director to: (1) develop and maintain a specialized and integrated national intelligence workforce of agents, analysts, linguists, and surveillance specialists who are recruited, trained, and rewarded in a manner that creates an institutional culture in the FBI with substantial expertise in, and commitment to, the intelligence mission of the FBI; (2) establish career positions in national intelligence matters: (3) recruit agents with backgrounds and skills relevant to the intelligence mission of the FBI; (4) provide agents with training in intelligence and opportunities for assignments in national intelligence matters; and (5) make advanced training and work in intelligence matters a precondition to employee advancement.
 
Requires each direct supervisor of a Field Intelligence Group, and each Bureau Operation Manager at the Section Chief and Assistant Special Agent in Charge level and above to be a certified intelligence officer.
 
Requires the FBI Director to: (1) ensure that each Field Intelligence Group reports directly to a field office senior manager responsible for intelligence matters; (2) provide for necessary expansion of secure facilities in FBI field offices to meet the intelligence mission of the FBI; and (3) ensure the integration of analysts, agents, linguists, and surveillance personnel in the field. 
 
Requires the FBI Director to establish a budget structure that reflects the four principal missions of the Bureau (i.e., intelligence, counterterrorism and counterintelligence, criminal enterprises/Federal crimes, and criminal justice services). 
 
Requires the FBI Director to submit periodic reports to Congress on progress in carrying out improvements in FBI intelligence capabilities, including reports on FBI priorities, personnel reviews, and implementation of information-sharing principles.
 
(Sec. 2002) Redesignates the Office of Intelligence as the Directorate of Intelligence of the Federal Bureau of Investigation (Directorate). Assigns to the Directorate responsibility for intelligence functions, including: (1) supervision of all FBI national intelligence programs; (2) oversight of FBI field intelligence operations; (3) strategic analysis; (4) budget management; and (5) other responsibilities specified by the FBI Director or by law.
 
(Sec. 2003) Authorizes the FBI Director to establish career positions for intelligence analysts within the FBI; (2) establish an FBI Reserve Service (limited to 500 employees) for the temporary reemployment (no more than 180 days) of former FBI employees during periods of emergency; and (3) through FY 2007, for up to 50 employees per fiscal year, extend the mandatory retirement age for FBI employees to 65 (current law allows an extension to age 60).
 
(Sec. 2006) Requires the Attorney General to report annually to the House and Senate Committees on the Judiciary on FBI use of translators. 
 

Title III: Security Clearances
 - (Sec. 3001) Directs the President to select a single executive branch department, agency, or element (designated entity) to be responsible for security clearances and investigations.
 
Requires all Federal agencies to accept security clearance background investigations and determinations that are completed by an authorized investigative agency or authorized adjudicative agency.
 
Directs the Director of the Office of Personnel Management (OPM) to establish and operate an integrated, secure database on security clearances.
 
Requires the head of the designated entity to evaluate the use of available information technology and databases in security clearance investigations and adjudications.
 
Requires: (1) the head of the designated entity to develop a plan to reduce the length of the personnel security clearance process; (2) such plan to provide for determinations on at least 90 percent of all security clearance applications within 60 days; and (3) implementation of such plan within five years after enactment of this Act.
 
Requires the head of the designated entity to report to Congress annually through 2011 on progress in meeting the requirements of this Act.
 
Authorizes appropriations.
 

Title IV: Transportation Security - Subtitle A: National Strategy for Transportation Security
 - (Sec. 4001) Requires the Secretary of Homeland Security to: (1) develop and implement a National Strategy for Transportation Security and transportation modal security plans; and (2) submit such plans and periodic progress reports to appropriate congressional committees.
 
States that the strategy shall be the governing document for Federal transportation security efforts.
 

Subtitle B: Aviation Security 
- (Sec. 4011) Requires the issuance of guidance for the use of biometric or other technology that positively verifies the identity of each employee and law enforcement officer who enters a secure area of an airport.
 
Requires the Assistant Secretary of Homeland Security (Transportation Security Administration (TSA)) (hereinafter Assistant Secretary) to establish a uniform travel credential for Federal, State, and local law enforcement officers that incorporates biometrics and a process for using such credential to verify officer identity for purposes of carrying weapons on board aircraft.
 
Authorizes appropriations for: (1) research and development of advanced biometric technology applications to aviation security, including mass identification technology; and (2) the establishment of a competitive center of excellence to develop and expedite the Federal Government's use of biometric identifiers.
 
(Sec. 4012) Requires the Assistant Secretary to begin testing an advanced airline passenger prescreening system no later than January 1, 2005, that will allow the Department of Homeland Security (DHS) to compare passenger information with automatic selectee and no-fly lists. 
 
Requires the Assistant Secretary to establish a process by which operators of charter aircraft or rental aircraft with a maximum takeoff weight of more than 12,500 pounds may request DHS to use the advanced passenger prescreening system to compare information about individuals seeking to charter or rent such aircraft and any proposed passengers with automatic selectee and no-fly lists. Directs the Assistant Secretary to establish a timely and fair process for individuals identified as a threat to appeal that determination and correct erroneous information.
 
Directs the Secretary to issue notice of a proposed rulemaking that will allow DHS to compare passenger names for inbound or outbound international flights against the consolidated and integrated terrorist watchlist maintained by the Federal Government (terrorist watchlist). Requires the creation of a related appeal process.
 
Requires preparation of reports on: (1) the impact of automatic selectee and no-fly lists on privacy and civil liberties; and (2) the Terrorist Screening Center consolidated watchlist, including criteria for placing names on that list.
 
(Sec. 4013) Requires the Assistant Secretary to: (1) give high priority to airport screening checkpoint technology that will detect nonmetallic weapons and explosives; (2) transmit to the appropriate congressional committees a strategic plan to promote optimal use and deployment of explosive detection devices at airports; (3) take appropriate interim action until measures are implemented that enable the screening of all passengers for explosives; (4) develop a pilot program to deploy and test advanced airport checkpoint screening devices and technologies at not less than five U.S. airports; and (5) take necessary action to improve the job performance of airport screening personnel.
 
(Sec. 4016) Requires the Director of the Federal Air Marshal Service to continue developing operational initiatives to protect Federal air marshal anonymity.
 
Requires the Assistant Secretary for Immigration and Customs Enforcement (ICE) and the Director of the Federal Air Marshal Service to: (1) provide training on in-flight counterterrorism and weapons handling procedures and tactics to Federal law enforcement officers who fly while in possession of a firearm; and (2) ensure that TSA screeners and Federal Air Marshals, as well as Federal and local law enforcement agencies in States that border Canada or Mexico, receive training in identifying fraudulent identification documents, including fraudulent or expired visas or passports.
 
(Sec. 4017) Encourages the President to aggressively pursue international agreements with foreign governments to allow the maximum deployment of Federal air marshals on international flights.
 
(Sec. 4018) Authorizes the Assistant Secretary for ICE, after consultation with the Secretary of State, to direct the Federal Air Marshal Service to provide training to foreign law enforcement personnel.
 
(Sec. 4019) Directs the Assistant Secretary to: (1) take necessary action to expedite installation and use of advanced in-line baggage screening equipment at airports where screening is required; and (2) submit to appropriate congressional committees schedules for expediting installation of such equipment and for replacing trace-detection equipment.
 
Requires the President to submit a cost-sharing study regarding installation of in-line baggage screening equipment. 
 
Authorizes increased appropriations through FY 2007 for expiring and new letters of intent regarding airport security improvement projects.
 
(Sec. 4020) Requires the Under Secretary for Border and Transportation Security of DHS to provide assistance for acquisition and installation of security monitoring cameras in checked baggage screening areas not open to public view in those airports that are required to perform screening.
 
(Sec. 4021) Directs the Assistant Secretary, in consultation with the Administrator of the Federal Aviation Administration (FAA), to study the viability of providing devices or methods to enable flight crews to discreetly notify pilots in the case of security breaches or safety issues in the cabin and to report results of the study.
 
(Sec. 4022) Requires the FAA Administrator to develop a system for issuing pilot's licenses with enhanced security features. 
 
(Sec. 4023) Directs the Assistant Secretary to develop and submit to appropriate congressional committees standards for determining appropriate aviation security staffing for all airports at which screening is required.
 
Requires the Comptroller General to thereafter conduct an expedited analysis of, and submit a report on, such standards.
 
Directs the Secretary to study the feasibility of combining under the aegis of DHS the operations of Federal employees involved in commercial airport screening and aviation security-related functions.
 
(Sec. 4024) Requires the Secretary to establish a plan and guidelines for implementing improved explosive detection system equipment.
 
Authorizes appropriations for research and development of improved explosive detection systems for aviation security. 
 
(Sec. 4025) Requires the Assistant Secretary to complete a review of the Prohibited Items List under current regulations within 60 days of enactment of this Act, revise that list to prohibit air passengers from carrying butane lighters, and make other appropriate modifications.
 (Sec. 4026) Directs the President to pursue, on an urgent basis, strong diplomatic and cooperative efforts to limit the availability, transfer, and proliferation of MANPADS (shoulder-fired missiles) worldwide and report to Congress on such efforts. 
(Sec. 4028) Requires the Assistant Secretary to report on the costs and benefits of using secondary flight deck barriers and whether such barriers should be mandated for all air carriers.
 
(Sec. 4029) Extends through FY 2006 the authorization of appropriations for aviation security.
 

Subtitle C: Air Cargo Security 
- (Sec. 4051) Requires the Assistant Secretary to carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft.
 
(Sec. 4052) Directs the Assistant Secretary to develop technology to better identify, track, and screen air cargo.
 
Authorizes appropriations through FY 2007 for: (1) improving aviation security related to the transportation of cargo; and (2) research and development related to enhanced air cargo security technology and the deployment and installation of such technology.
 
Requires the Secretary to establish a competitive grant program to encourage the development of advanced air cargo security technology.
 
(Sec. 4053) Requires the Assistant Secretary, within 240 days of enactment of this Act, to issue a final rule in Docket Number TSA-2004-19515 to amend transportation security regulations to enhance and improve the security of air cargo.
 
(Sec. 4054) Requires the Secretary, in coordination with the Secretary of Defense and the FAA Administrator, to submit a report on international air cargo threats.
 

Subtitle D: Maritime Security
 - (Sec. 4071) Directs the Secretary to: (1) implement a procedure under which DHS compares information about cruise ship passengers and crew with a terrorist watchlist; (2) use information obtained by this comparison to prevent identified persons from boarding or to subject them to additional security scrutiny through the use of no transport and automatic selectee lists; (3) require, by rulemaking, that cruise ship operators provide passenger and crew information for purposes of such comparison; and (4) establish operating procedures and data integrity measures for no transport and automatic selectee lists.
 
(Sec. 4072) Establishes a deadlines for DHS to carry out security planning activities called for in the Maritime Transportation Security Act of 2002, including: (1) preparation of a national maritime transportation security plan; and (2) facility and vessel vulnerability assessments. Requires the Secretary of the department in which the Coast Guard is operating to submit to specified congressional committees a comprehensive program management plan for the transportation security card program required by that Act and other specified reports.
 

Subtitle E: General Provisions
 - (Sec. 4081) Sets forth definitions and the effective date of this title.
 

Title V: Border Protection, Immigration, and Visa Matters - Subtitle A: Advanced Technology Northern Border Security Pilot Program
 - (Sec. 5101) Authorizes the Secretary to carry out a pilot program to test advanced technologies to improve border security between ports of entry (POEs) along the northern border of the United States. Specifies the required features of such program. Requires coordination of such program among United States, State and local, and Canadian law enforcement and border security agencies.
 
(Sec. 5104) Requires the Secretary to report on the pilot program.
 

Subtitle B: Border and Immigration Enforcement
 - (Sec. 5201) Requires the Secretary to submit to the President and appropriate congressional committees a comprehensive plan for the systematic surveillance of the southwest border of the United States by remotely piloted aircraft.
 
(Sec. 5202) Requires the Secretary to increase: (1) the number of full-time Border Patrol agents by not less than 2,000 per fiscal year from FY 2006 through 2010; and (2) the number of full-time immigration and customs enforcement investigators by not less than 800 per fiscal year for the same period. 
 
(Sec. 5204) Directs the Secretary to increase by not less than 8,000 in each of FY 2006 through 2010 the number of beds available for immigration detention and removal operations of DHS. Requires the Secretary to give priority for the use of these additional beds to the detention of individuals charged with removability or inadmissibility on security and related grounds.
 

Subtitle C: Visa Requirements
 - (Sec. 5301) Amends the Immigration and Nationality Act to require aliens age 14 through 79 who are applying for nonimmigrant visas to submit to in-person interviews with consular officers unless such interview is waived in specified circumstances. 
 
Mandates in-person interviews for all aliens who: (1) are not nationals of the country in which they are applying for a visa; (2) were previously refused a visa; (3) are listed in the Consular Lookout and Support System; (4) are nationals of countries officially designated as state sponsors of terrorism; (5) are prohibited from obtaining a visa until a security advisory opinion or other Department of State clearance is issued; or (6) are identified as members of a high-risk group identified by the Secretary of State.
 
(Sec. 5304) Precludes judicial review of visa revocations or revocations of other travel documents by consular officers or the Secretary of State. Adds to the list of deportable aliens those nonimmigrants whose visas or other documentation authorizing admission were revoked (making such aliens immediately deportable). 
 

Subtitle D: Immigration Reform
 - (Sec. 5401) Provides enhanced criminal penalties for unlawfully bringing in and harboring aliens in cases where: (1) the offense is part of an ongoing commercial organization or enterprise; (2) aliens were transported in groups of ten or more; (3) aliens were transported in a manner that endangered their lives; or (4) the aliens presented a life-threatening health risk to the people of the United States.
 
Requires the Secretary to implement an outreach program to educate the public in the United States and abroad about the penalties for unlawfully bringing in and harboring aliens. 
 
(Sec. 5402) Renders deportable any alien who has received military-type training from or on behalf of a terrorist organization. 
 
(Sec. 5403) Requires the Comptroller General to study and report on the extent to which weaknesses in the asylum system and the withholding of removal system have been or could be exploited by aliens with terrorist ties. Gives the Comptroller General access, for purposes of such study, to the applications and administrative and judicial records of alien applicants for asylum and withholding of removal.
 

Subtitle E: Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
 - (Sec. 5501) Renders inadmissible and deportable those aliens who: (1) order, incite, assist, or otherwise participate in conduct outside the United States that would, if committed in the United States or by a U.S. national, be genocide; and (2) commit, order, incite, assist, or participate in acts of torture or extrajudicial killing as defined by U.S. law. Makes these amendments applicable to offenses committed before, on, or after the enactment of this Act.
 
(Sec. 5502) Designates as inadmissible and deportable foreign government officials who have at any time committed particularly severe violations of religious freedom.
 
(Sec. 5503) Provides for a waiver of inadmissibility premised on torture or extrajudicial killing for aliens seeking temporary admission as nonimmigrants, in the Attorney General's discretion. Precludes waivers for such aliens who have engaged in Nazi persecution or genocide.
 
(Sec. 5504) Bars a finding of good moral character (necessary for naturalization) for aliens who: (1) participated in Nazi persecution, genocide, torture, or extrajudicial killing; or (2) were responsible for particularly severe violations of religious freedom while serving as foreign government officials.
 
(Sec. 5505) Directs the Attorney General to: (1) establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and, where appropriate, take action to denaturalize any alien who participated in Nazi persecution, genocide, torture, or extrajudicial killing; (2) consult the Secretary in making determinations concerning the criminal prosecution or extradition of such aliens.
 
(Sec. 5506) Requires the Attorney General to submit a report on implementation of this subtitle.
 

Title VI: Terrorism Prevention - Subtitle A: Individual Terrorists as Agents of Foreign Powers 
- (Sec. 6001) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to redefine &quot;agent of a foreign power&quot; to include any person who engages in international terrorism or activities in preparation for such terrorism (currently, limited to persons connected to foreign powers). Makes this amendment subject to a sunset provision in the USA PATRIOT Act of 2001 which generally provides for a sunset date of December 31, 2005.
 
(Sec. 6002) Requires the Attorney General to submit semiannual reports on the targets of FISA orders and related outcomes, including but not limited to the aggregate number of persons targeted for electronic surveillance, physical searches, pen registers, and records access.
 

Subtitle B: Money Laundering and Terrorist Financing - 
(Sec. 6101) Authorizes appropriations for technological improvements in mission-critical systems of the Financial Crimes Enforcement Network (FinCEN).
 
(Sec. 6102) Reauthorizes appropriations for the national money laundering and related financial crimes strategy, the financial crime-free communities support program, and grants to fight money laundering and related financial crimes.
 

Subtitle C: Money Laundering Abatement and Financial Antiterrorism Technical Corrections
 - International Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004 - (Sec. 6202) Makes technical corrections to the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001.
 
(Sec. 6204) Amends that Act to delete congressional authority to review and terminate its provisions by joint resolution.
 
(Sec. 6205) Makes this subchapter retroactively effective as if included in the USA PATRIOT Act of 2001.
 

Subtitle D: Additional Enforcement Tools
 - (Sec. 6301) Authorizes the Treasury to produce currency, postage stamps, and other security documents for foreign governments subject to certain conditions.
 
(Sec. 6302) Directs the Secretary of the Treasury, following the submission of a related report, to prescribe regulations requiring selected financial institutions to report to FinCEN certain cross-border electronic transmittals of funds. 
 
(Sec. 6303) Directs the President, acting through the Secretary of the Treasury, to submit to Congress a report evaluating the current status of U.S. efforts to curtail international financing of terrorism.
 
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to impose administrative and civil penalties on any person who: (1) has served as senior Federal bank examiner of a particular financial institution or insured credit union for two or more months during the final 12 months of Federal employment; and (2) knowingly accepts compensation as an employee, officer, director, or consultant from that institution (including its holding company, a subsidiary, or an affiliate) or credit union within one year after departure from Federal service. Authorizes waivers of this restriction where the relevant authority certifies that granting the waiver would not affect the integrity of the Government's supervisory program. 
 

Subtitle E: Criminal History Background Checks
 - (Sec. 6401) Amends the PROTECT Act to extend to 30 months the length of the State Pilot Program and the Child Safety Pilot Program. 
 
(Sec. 6402) Private Security Officer Employment Authorization Act of 2004 - Allows employers of private security officers who are authorized by regulation to request criminal history record information searches of such security officers through a State identification bureau (authorized employers) to submit fingerprints or other means of positive identification for purposes of such searches. Requires written consent from employees prior to such searches and employee access to any information received.
 
Establishes criminal penalties for the knowing and intentional use of information obtained through criminal history record information searches for purposes other than determining an individual's suitability for employment as a private security officer.
 
(Sec. 6403) Requires the Attorney General to report on all statutory requirements for criminal history checks by the Department of Justice or its components, including recommendations for improving, standardizing, and consolidating existing procedures.
 

Subtitle F: Grand Jury Information Sharing 
- (Sec. 6501) Amends the Federal Rules of Criminal Procedure to authorize disclosure of certain grand jury matters, including matters involving threats of terrorism, to foreign government officials.
 

Subtitle G: Providing Material Support to Terrorism 
- Material Support to Terrorism Prohibition Enhancement Act of 2004 - (Sec. 6602) Amends the Federal criminal code to establish criminal penalties for knowingly receiving military-type training from an organization designated as a foreign terrorist organization by the Secretary of State. 
 
Provides extraterritorial Federal jurisdiction.
 
(Sec. 6603) Modifies the statute prohibiting the knowing provision of material support to terrorists or terrorist organizations. Clarifies the definition of several types of material support. 
 
Provides extraterritorial Federal jurisdiction.
 
States that nothing in this section shall be construed or applied so as to abridge the exercise of First Amendment rights. 
 
Prohibits the prosecution of any person for providing material support if such support was approved by the Secretary of State with the concurrence of the Attorney General.
 
Provides for the sunset of specified provisions contained in this section on December 31, 2006.
 
(Sec. 6604) Modifies the statute prohibiting terrorist financing to make punishable: (1) the concealment of the proceeds of funds can be prosecuted (in addition to concealment of the funds themselves); and (2) the concealment of funds when they are presently being used to support terrorism (in addition to past use).
 

Subtitle H: Stop Terrorist and Military Hoaxes Act of 2004
 - Stop Terrorist and Military Hoaxes Act of 2004 - (Sec. 6702) Amends the Federal criminal code to provide criminal and civil penalties for false information concerning terrorist activities and military hoaxes. 
 
(Sec. 6703) Increases statutory penalties for false statements to Federal authorities and for obstructing administrative or congressional proceedings if the matter relates to international or domestic terrorism. Requires the U.S. Sentencing Commission to amend the U.S. Sentencing Guidelines to increase the offense level for such offenses.
 

Subtitle I: Weapons of Mass Destruction Prohibition Improvement Act of 2004 
- Weapons of Mass Destruction Prohibition Improvement Act of 2004 - (Sec. 6802) Expands the jurisdictional bases and scope of the prohibition against weapons of mass destruction (WMDs). Expands the definition of &quot;restricted persons&quot; subject to the prohibition on possession or transfer of biological agents or toxins to include individuals acting for a country determined to have provided repeated support for international terrorism. Includes chemical weapons within the definition of WMDs. 
 
Adds offenses involving biological weapons, chemical weapons, and nuclear materials to the racketeering predicate offense list.
 
(Sec. 6803) Provides criminal liability for participation in nuclear and WMD threats against the United States. Provides extraterritorial Federal jurisdiction over such offenses.
 

Subtitle J: Prevention of Terrorist Access to Destructive Weapons Act of 2004
 - Prevention of Terrorist Access to Destructive Weapons Act of 2004 - (Sec. 6903) Amends the Federal criminal code to make it unlawful for any person to knowingly produce, construct (engineer or synthesize in the case of variola virus), otherwise acquire, transfer, receive, possess, import, export, or use, or possess and threaten to use: (1) missile systems designed to destroy aircraft; (2) radiological dispersal devices; or (3) variola virus. 
 
Amends the Atomic Energy Act of 1954 to make it unlawful for any person to knowingly manufacture, produce, transfer, acquire, receive, possess, import, export, or use, or possess and threaten to use any atomic weapon.
 
Establishes penalties for such offenses including fines and imprisonment for 25 or 30 years to life.
 
Establishes Federal jurisdiction over such offenses where: (1) they occur in interstate or foreign commerce; (2) are committed by or against a U.S. national outside of the United States; (3) are committed against Federal property both within and outside of the United States; or (4) an offender aids or abets or conspires with any person over whom jurisdiction exists.
 
(Sec. 6907) Adds such offenses to: (1) the list of offenses for which orders authorizing the interception of wire, oral, or electronic communications may be obtained; (2) the definition of &quot;Federal crime of terrorism&quot; for purposes of provisions prohibiting acts of terrorism transcending international boundaries; and (3) the definition of &quot;specified unlawful activity&quot; for purposes of provisions addressing money laundering.
 
(Sec. 6910) Amends the Arms Export Control Act to add such offenses to the statutory list of adverse considerations supporting disapproval of an export license application.
 

Subtitle K: Pretrial Detention of Terrorists
 - Pretrial Detention of Terrorists Act of 2004 - (Sec. 6952) Creates a presumption of pretrial detention in certain cases involving terrorism.
 

Title VII: Implementation of 9/11 Commission Recommendations
 - 9/11 Commission Implementation Act of 2004 - 
Subtitle A: Diplomacy, Foreign Aid, and the Military in the War on Terrorism 
- (Sec. 7102) Makes findings and expresses the sense of Congress on U.S. policy on terrorist sanctuaries.
 
Amends the Export Administration Act of 1979 to extend restrictions on certain exports to countries whose territories are being used as sanctuaries for terrorists or terrorist organizations.
 
Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require annual State Department country reports on terrorism to include detailed assessments with respect to each foreign country whose territory is being used as a sanctuary for terrorists or terrorist organizations. Specifies the required content of such reports, including: (1) how much knowledge foreign governments have as to terrorist activities in their countries; (2) actions by such countries to eliminate terrorist sanctuaries, cooperate with U.S. antiterrorism efforts, and prevent the proliferation of and trafficking in weapons of mass destruction (WMDs) in their countries; and (4) a strategy for addressing and eliminating terrorist sanctuaries.
 
(Sec. 7103) Expresses the sense of Congress with respect to U.S. commitment to the future of Pakistan. Extends through FY 2006 the authority of the President to waive certain foreign assistance restrictions on Pakistan. 
 
(Sec. 7104) Afghanistan Freedom Support Act Amendments of 2004 - Expresses the sense of Congress that the U.S. Government should work with other countries to obtain long-term security, political, and financial commitments and fulfillment of pledges to the Government of Afghanistan.
 
Amends the Afghanistan Freedom Support Act of 2002 to require the President (under current law the President is &quot;strongly urged&quot;) to designate within the State Department a coordinator of Afghanistan affairs. Requires the coordinator to submit to Congress the Administration's Afghanistan assistance plan and to coordinate the implementation of assistance to Afghanistan.
 
Reaffirms authorities in the Afghanistan Freedom Support Act of 2002 relating to economic and democratic development assistance for Afghanistan.
 
Requires the President to formulate a five-year strategy for Afghanistan and submit such strategy to Congress. Requires that such strategy include specific and measurable goals for addressing the long-term development and security needs of Afghanistan. Requires the President to submit annual report through 2010 on the progress in implementing such strategy.
 
Revises provisions relating to education, the rule of law, civil society and democracy, and protection of cultural sites in Afghanistan.
 
Directs the Secretary of State to submit periodic reports to Congress on assistance for Afghanistan from all U.S. Government agencies.
 
Declares it to be U.S. policy to: (1) take immediate steps to disarm private militias, particularly child soldiers, in Afghanistan; and (2) support the expansion of international peacekeeping and security operations in Afghanistan.
 
Expresses the sense of Congress supporting counterdrug efforts in Afghanistan. Directs the Secretaries of Defense and State to jointly report to Congress on: (1) the progress in reducing poppy cultivation and heroin production in Afghanistan; and (2) the use of profits from illegal drugs to support terrorist efforts to undermine the Government of Afghanistan.
 
 Extends through January 1, 2010, the reporting requirement on the implementation of strategies for meeting the immediate and long-term security needs of Afghanistan.
 
Repeals provisions of the Foreign Assistance Act of 1961 prohibiting certain assistance to Afghanistan.
 
Authorizes appropriations through FY 2006 for assistance to Afghanistan.
 
(Sec. 7105) Expresses the sense of Congress with respect to the relationship between the peoples and Governments of the United States and Saudi Arabia.
 
(Sec. 7106) Expresses the sense of Congress on efforts to combat Islamist terrorism.
 
(Sec. 7107) Expresses the sense of Congress that U.S. foreign policy should promote democratic values and respect for the rule of law and that the U.S. Government must encourage all governments with predominantly Muslim populations to promote democratic values and respect for the rule of law.
 
(Sec. 7108) Expresses the sense of Congress with respect to the promotion of U.S. values through broadcast media. 
 
Directs the Secretary of State to make grants to the National Endowment for Democracy to fund a private sector group to establish and manage a free and independent media network. 
 
Authorizes appropriations. 
 
(Sec. 7109) Amends the State Department Basic Authorities Act of 1956 to require the Secretary of State to: (1) make public diplomacy an integral component in the planning and execution of U.S. foreign policy; and (2) coordinate and develop a strategy for public diplomacy activities of Federal agencies. 
 
Sets forth the duties of the Under Secretary of State for Public Diplomacy, including the preparation of an annual strategic plan for public diplomacy in collaboration and consultation with the regional and functional bureaus of the State Department. 
 
(Sec. 7110) Declares U.S. policy on public diplomacy training. Directs the Secretary to: (1) emphasize the importance of public diplomacy in recruiting, training, and assigning members of the Foreign Service; and (2) seek to increase the number of Foreign Service officers who are proficient in languages spoken in predominantly Muslim countries. Makes proficiency in public diplomacy a criterion for promotion in the Foreign Service.
 
(Sec. 7111) Directs the President to continue to support and seek to expand the work of the democracy caucus at the United Nations General Assembly and the United Nations Human Rights Commission and to seek to establish a democracy caucus at the United Nations Conference on Disarmament and at other international organizations.
 
Directs the President to use the influence of the United States to reform criteria in United Nations bodies and other international organizations to exclude certain countries that violate the principles of specific organizations, are subject to United Nations sanctions, or have been determined to have supported international terrorism or terrorist organizations.
 
Declares U.S. policy supporting training courses in multilateral diplomacy for Foreign Service officers and other employees of the State Department. Directs the Secretary to provide training in multilateral diplomacy to Foreign Service officers and other employees of the State Department. 
 
(Sec. 7112) Declares it to be U.S. policy that the United States should commit to a long-term engagement with Muslim populations, particularly with Muslim youth and those who influence youth. Expresses the sense of Congress that the United States should significantly increase its investment in programs which promote engagement with the Muslim world. Authorizes the President to substantially expand U.S. exchange, scholarship, and library programs, particularly programs that benefit Muslims.
 
Directs the Secretary to conduct a pilot program to make grants to U.S.-sponsored elementary and secondary schools in predominantly Muslim countries to provide full or partial merit-based scholarships to lower-income and middle-income families in such countries and to report to Congress on such program. Authorizes appropriations for FY 2005 and 2006.
 
(Sec. 7113) Authorizes the Secretary to establish an International Youth Opportunity Fund to provide financial assistance for the improvement of public education in the Middle East and other strategically-important countries with predominantly Muslim populations. Encourages the Secretary to seek the cooperation of the international community in establishing and supporting such Fund. 
 
(Sec. 7114) Expresses the sense of Congress supporting the use of economic strategies to combat terrorism. 
 
(Sec. 7115) Authorizes appropriations for FY 2005 and 2006 for the Middle East Partnership Initiative. Expresses the sense of Congress that a significant amount of such funding be made available to promote the rule of law in the Middle East. 
 
(Sec. 7116) Expresses the sense of Congress that the President should engage foreign governments in developing a comprehensive multilateral strategy to fight terrorism. Authorizes the President to establish an international counterterrorism policy contact group with the leaders of foreign governments. 
 
(Sec. 7117) Expresses the sense of Congress on the importance of targeting terrorist financial facilitators in the war on terrorism. 
 
(Sec. 7118) Amends the Immigration and Nationality Act to revise procedures for the designation of foreign terrorist organizations. Provides for periodic review of the status of such organizations and the publication of such review in the Federal Register.
 
(Sec. 7119) Directs the President to submit to Congress a report on the activities of the U.S. Government to carry out the provisions of this subtitle, including descriptions of U.S. strategy to: (1) address and eliminate terrorist sanctuaries; (2) engage with Pakistan and support it over the long term; (3) engage with the Government of Saudi Arabia on subjects of mutual interest and importance; (4) help win the struggle of ideas in the Islamic world; (5) expand outreach to foreign Muslim audiences through broadcast media; (6) expedite issuance of visas to aliens for the purpose of participating in a scholarship, exchange, or visitor programs without compromising the security of the United States; (7) promote free universal basic education in the Middle East and in predominantly Muslim countries; and (8) encourage economic reform in predominantly Muslim countries. 
 
(Sec. 7120) Amends the Case-Zablocki Act to require the Secretary of State to: (1) make publicly available on the State Department Internet website each treaty or international agreement to be published in the compilation entitled &quot;United States Treaties and Other International Agreements&quot; not later than 180 days after such treaty or agreement enters into force; and (2) submit to Congress an annual report containing an index of certain international agreements for the preceding calendar year.
 

Subtitle B: Terrorist Travel and Effective Screening 
- (Sec. 7201) Requires the Director of the National Counterterrorism Center to submit to Congress a strategy for combining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility. 
 
Directs the Secretary, in conjunction with the Secretary of State, to submit to Congress a plan describing how the DHS and the Department of State (DOS) can acquire and deploy to all consulates, POEs, and immigration benefits offices technologies facilitating document authentication and the detection of potential terrorist indicators on travel documents.
 
Requires the Secretary, in coordination with the Secretary of State (as relevant to DOS personnel), to: (1) review and evaluate training programs regarding travel and identity documents, and techniques, patterns, and trends associated with terrorist travel provided to DHS and DOS personnel; and (2) implement related training and periodic retraining programs.
 
Directs the Secretary and the Secretary of State to individually submit annual reports on such training for their respective personnel.
 
Authorizes the Secretary to assist States, Indian tribes, local governments, and private organizations to establish training programs related to terrorist travel intelligence.
 
Requires the Director to increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel. Authorizes appropriations through FY 2009 for that purpose.
 
(Sec. 7202) Establishes a Human Smuggling and Trafficking Center, to be operated by the Secretary, the Secretary of State, and the Attorney General in accordance with their memorandum of understanding.
 
Requires the Center to: (1) serve as the focal point for interagency efforts to address terrorist travel; and (2) serve as a clearinghouse for Federal agency information in support of the U.S. strategy to prevent clandestine terrorist travel and the facilitation of migrant smuggling and trafficking of persons.
 
(Sec. 7203) Authorizes the Secretary of State to increase the number of consular officers by 150 per year through FY 2009.
 
Requires all immigrant and nonimmigrant visa applications to be reviewed and adjudicated by a consular officer (thus precluding the use of foreign nationals for visa screening). 
 
Amends the Enhanced Border Security and Visa Entry Reform Act of 2002 to require consular officer training in document fraud detection.
 
Directs the Secretary of State, in coordination with the Secretary, to: (1) conduct a survey of each diplomatic and consular post at which visas are issued to assess the extent to which fraudulent documents are presented by visa applicants; and (2) not later than July 31, 2005, identify the posts experiencing the highest levels of fraud and place in each such post at least one full-time anti-fraud specialist unless a DHS employee with sufficient training and experience is already stationed there.
 
(Sec. 7204) Directs the President to seek the implementation of effective international measures to: (1) share information on lost, stolen, and fraudulent passports and other travel documents; (2) establish and implement a real-time verification system for such documents; and (3) encourage criminalization of certain conduct that could aid terrorist travel. Requires the President to submit annual progress reports on such efforts.
 
(Sec. 7205) Expresses the sense of Congress that the President should seek to enter into an international agreement to modernize and improve standards for the translation of names into the Roman alphabet in order to ensure common spellings for international travel documents and name-based watchlist systems.
 
(Sec. 7206) Requires the selection of at least 50 airports that lack preinspection stations for the current program of assigning additional immigration officers to assist air carriers in detecting fraudulent documents. Authorizes related appropriations through FY 2007.
 
(Sec. 7207) Requires the Secretary of State, no later than October 26, 2006, to certify which of the countries designated to participate in the visa waiver program are developing a program to issue machine readable, tamper-resistant visa documents that incorporate biometric identifiers.
 
(Sec. 7208) Requires the Secretary to: (1) develop a plan to accelerate full implementation of an automated biometric entry and exit data system (entry-exit system); (2) integrate the entry-exit system with all databases and data systems maintained by specified Federal agencies that process or contain information on aliens (including components of the DHS); (3) establish procedures to ensure the accuracy and integrity of data in the entry-exit system, including procedures for individuals to seek correction of such data; and (4) implement a registered traveler program to expedite processing of travelers entering and exiting the United States, which shall be integrated with the entry-exit system. Requires the standardization of information and data collected from foreign nationals as well as the procedures used to collect such data.
 
(Sec. 7209) Directs the Secretary , in consultation with the Secretary of State, to implement by January 1, 2008, a plan to require biometric passports or other secure passports for all travel into the United States by U.S. citizens and by categories of individuals for whom documentation requirements were previously waived.
 
(Sec. 7210) Expresses the sense of Congress that the U.S. Government should: (1) exchange terrorist information with trusted allies; (2) move toward real-time verification of passports with issuing authorities; (3) where practicable, conduct passenger prescreening for flights destined for the United States; (4) work with other countries to ensure effective airport inspection regimes; and (5) work with other countries to improve passport standards.
 
Requires the Secretary and the Secretary of State to submit a report on Federal efforts to collaborate with U.S. allies in the exchange of terrorist information.
 
Amends the Immigration and Nationality Act to require the Secretary to establish preinspection stations in at least 25 additional foreign airports. Requires the Secretary and the Secretary of State to submit a progress report on implementation of this requirement.
 
(Sec. 7211) Requires the Secretary of Health and Human Services (HHS) to establish minimum standards for birth certificates for use by Federal agencies for official purposes. Prohibits Federal agencies from accepting nonconforming birth certificates beginning two years after promulgation of such standards. Requires States to certify compliance with such standards.
 
Directs the Secretary of HHS to award grants to States to assist them in conforming to the minimum standards for birth certificates and in developing the capacity to match birth and death records.
 
(Sec. 7212) Requires the Secretary of Transportation to establish minimum standards for driver's licenses or personal identification cards issued by States for use by Federal agencies for identification purposes, following a negotiated rulemaking process that includes State representatives. Prohibits Federal agencies from accepting nonconforming driver's licenses or personal identification cards issued by a State more than two years after promulgation of such standards. Requires States to certify compliance with such standards.
 
Requires the Secretary of Transportation to award grants to States to assist them in conforming to such standards.
 
(Sec. 7213) Requires the Commissioner of Social Security to: (1) issue regulations restricting the issuance of multiple replacement social security cards; (2) establish minimum standards for the verification of records supporting an application for an original social security card; and (3) add death and fraud indicators to the social security number verification system.
 
Directs the Commissioner to establish an interagency task force for the improvement of social security cards and numbers. Requires the task force to establish security requirements.
 
Requires the Commissioner to: (1) make and report on specified improvements to the enumeration at birth program for the issuance of social security numbers to newborns; and (2) study and report on the most efficient options for ensuring the integrity of the process for enumeration at birth.
 
(Sec. 7214) Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the display of social security numbers on driver's licenses, motor vehicle registrations, or personal identification cards or the inclusion of such numbers in a magnetic strip, bar code, or other means of communication on such documents.
 
(Sec. 7215) Requires the Secretary to establish a program to oversee the implementation of DHS responsibilities with respect to terrorist travel, including the analysis, coordination, and dissemination of terrorist travel intelligence and operational information to specified DHS components and with other appropriate Federal agencies.
 
(Sec. 7216) Amends the Federal criminal code to increase penalties for fraud and related activity in connection with identification documents and information if committed to facilitate international terrorism. 
 
(Sec. 7217) Directs the Secretary of State to study and report on the feasibility and benefits of establishing a system that provides border and visa issuance officials with real-time information on allegedly lost or stolen passports.
 
(Sec. 7218) Establishes a Visa and Passport Security Program within the DOS Bureau of Diplomatic Security.
 
(Sec. 7220) Requires the Secretary to propose minimum standards for identification documents required of domestic commercial airline passengers for boarding. States that such standards shall take effect when an approval resolution is passed by the House and Senate under specified procedures and becomes law.
 

Subtitle C: National Preparedness
 - (Sec. 7301) Expresses the sense of Congress supporting the adoption of a unified incident command system and the enhancement of communications connectivity between and among all levels of government and emergency response providers.
 
(Sec. 7302) Authorizes governmental entities in the National Capital Region (i.e., District of Columbia, Maryland, and Virginia) to enter into mutual aid agreements for emergency services in an emergency or public service event (e.g., undeclared emergency, presidential inauguration, public gatherings, etc.).
 
Limits the liability of first responders participating in mutual aid agreements.
 
(Sec. 7303) Directs the Secretary of Homeland Security to establish a program to enhance public safety interoperable communications at all levels of government. Authorizes the Secretary to establish an Office for Interoperability and Compatibility within the DHS Directorate of Science and Technology to carry out DHS programs relating to SAFECOM and other programs. 
 
Authorizes appropriations. 
 
Requires the Secretary to report to Congress on DHS plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications. 
 
Requires the President to coordinate cross-border interoperability issues between the United States, Mexico, and Canada.
 
Requires the Secretary to provide assistance to support the rapid establishment of consistent, secure, and effective interoperable communications capabilities in urban and high risk areas. 
 
Authorizes the Secretary to make multiyear grants, up to three years, for enhancing interoperable communications capabilities for emergency response providers. Limits the amount for such grants to $150 million in any fiscal year. Requires grant applicants to submit an Interoperable Communications Plan to the Secretary for approval.
 
Requires the Office for Domestic Preparedness in DHS to assist State and local governments and emergency response providers to acquire interoperable communication technology. 
 
Expresses the sense of Congress that interoperable emergency communications systems and radios should continue to be deployed for use by first responders, and that upgraded and new digital communications systems and new digital radios must meet prevailing standards for interoperability.
 
(Sec. 7304) Directs the Secretary to establish not fewer than two pilot projects in high threat urban areas or regions that are likely to implement a national model strategic plan to foster interagency communications and report to Congress on such pilot projects.
 
(Sec. 7305) Expresses the sense of Congress that DHS should promote adoption of voluntary national preparedness standards for the private sector.
 
(Sec. 7306) Requires the Secretary to report to Congress on the progress of DHS in completing vulnerability and risk assessments of the nation's critical infrastructure and the readiness of the U.S. Government to respond to threats. 
 
(Sec. 7307) Expresses the sense of Congress that the Secretary of Defense should regularly assess the adequacy of the U.S. Northern Command's plans and strategies.
 

Subtitle D: Homeland Security
 - (Sec. 7401) Expresses the sense of Congress that Congress must pass legislation in the first session of the 109th Congress to reform the system for distributing grants to enhance State and local government prevention of, preparedness for, and response to acts of terrorism. 
 
(Sec. 7402) Amends the Homeland Security Act of 2002 to include within the duties of the Special Assistant to the Secretary of Homeland Security: (1) the coordination of industry efforts to identify private sector resources and capabilities to supplement governmental efforts to prevent or respond to a terrorist attack; (2) the coordination with the Directorate of Border and Transportation Security and the Assistant Secretary for Trade Development of the Department of Commerce on issues related to the travel and tourism industries; and (3) consulting with the Office of State and Local Government Coordination and Preparedness on all matters of concern in the private sector, including the tourism industry. 
 
(Sec. 7403) Directs the Secretary, in coordination with the Chairman of the Federal Communications Commission (FCC), to study the feasibility of establishing an emergency telephonic alert notification system and to report to Congress on such study. 
 
(Sec. 7404) Directs the Secretary to conduct a pilot study for issuing public homeland security warnings using a system similar to the AMBER Alert communications network and to report to Congress on such study.
 
(Sec. 7405) Requires the Secretary to ensure that there is effective and ongoing coordination of Federal efforts to prevent, prepare for, and respond to acts of terrorism and other emergencies among the divisions of DHS.
 
(Sec. 7406) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of the Federal Emergency Management Agency (FEMA) to establish a program of emergency preparedness compacts for acts of terrorism, disasters, and emergencies.
 
(Sec. 7407) Establishes in DHS the Office of Counternarcotics Enforcement. Sets forth the responsibilities of the Director of such Office for the control and interdiction of illegal drugs and the reporting requirements of such Office. Authorizes appropriations. 
 
(Sec. 7408) Requires each subdivision of DHS that is a National Drug Control Program Agency to include in its employee performance appraisal system criteria relating to employee performance in the enforcement of narcotics laws. 
 

Subtitle E: Public Safety Spectrum
 - (Sec. 7501) Expresses the sense of Congress that Congress must pass legislation in the first session of the 109th Congress that establishes a comprehensive approach to the timely return of analog broadcast spectrum as early as December 31, 2006, to permit public safety entities to begin using that spectrum.
 
(Sec. 7502) Requires certain studies and reports to Congress on allocations of spectrum for emergency response providers and strategies to meet public safety telecommunications requirements.
 

Subtitle F: Presidential Transition
 - Requires outgoing executive branch officials to provide the President-elect with a detailed classified, compartmented summary of specific threats to national security as soon as possible after the date of the general election.
 
Expresses the sense of the Senate that the Senate should give expedited consideration to national security officials nominated by a President-elect.
 
Provides for expedited security clearance determinations for members of a President-elect's transition team.
 

Subtitle G: Improving International Standards and Cooperation to Fight Terrorist Financing
 - (Sec. 7701) Expresses the sense of Congress that the Secretary of the Treasury should continue to promote the dissemination of international anti-money laundering and terrorist financing standards and to press for full implementation of the Financial Action Task Force recommendations to curb global terrorist financing.
 
(Sec. 7703) Amends the International Financial Institutions Act to require the Secretary to work with the International Monetary Fund (IMF) to combat terrorist financing and to testify before Congress on the status of implementation of international anti-money laundering and counter-terrorist financing standards by the IMF and other multilateral agencies. 
 
(Sec. 7704) Directs the Secretary to continue to convene the interagency U.S. Government Financial Action Task Force working group to conduct annual reviews of anti-money laundering and counter-terrorist financing standards. 
 

Subtitle H: Emergency Financial Preparedness
 - (Sec. 7801) Permits the Secretary of the Treasury to delegate the duties of the Fiscal Assistant Secretary to an employee of the Department of Treasury (current law restricts such delegation to an officer of the Treasury Department). 
 
(Sec. 7802) Expresses the sense of Congress that the Secretary should educate consumers and employees of the financial services industry about domestic counterterrorist financing activities. Requires the Secretary to report to Congress on efforts to encourage a public-private partnership to protect critical financial infrastructure from terrorist attacks.
 
(Sec. 7803) Emergency Securities Response Act of 2004 - Amends the Securities Exchange Act of 1934 to expand the authority of the Securities and Exchange Commission (SEC) to issue orders or take other actions to protect investors and markets in emergency situations. Grants similar reciprocal authority to the Secretary of the Treasury in emergency situations.
 
Requires the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the SEC to submit to Congress a joint report by April 30, 2006, on the efforts of the private sector to implement the Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System. 
 
(Sec. 7804) Expresses the sense of Congress that the insurance industry and credit-rating agencies should consider a company's compliance with standards for private sector disaster and emergency preparedness in assessing insurability and creditworthiness. 
 

Title VIII: Other Matters - Subtitle A: Intelligence Matters
 - Requires the Director of National Intelligence to establish a formal relationship, including information sharing, between the elements of the intelligence community and the National Infrastructure Simulation and Analysis Center.
 

Subtitle B: Department of Homeland Security Matters - 
(Sec. 8201) Establishes the Office of Geospatial Management within the DHS Office of the Chief Information Officer to coordinate DHS geospatial information needs (e.g., maps, charts, remote sensing data, and aerial photography). Authorizes appropriations.
 

Subtitle C: Homeland Security Civil Rights and Civil Liberties Protection - 
Homeland Security Civil Rights and Civil Liberties Protection Act of 2004 - (Sec. 8302) Amends the Homeland Security Act of 2002 to requires DHS, as part of its agency mission, to ensure that the civil rights and civil liberties of persons are not diminished by the efforts, activities, and programs aimed at securing the homeland.
 
(Sec. 8303) Expands the duties of the Officer for Civil Rights and Civil Liberties in DHS to include compliance and investigative responsibilities.
 
(Sec. 8304) Directs the Inspector General of DHS to designate a senior official for the protection of civil rights and liberties against abuses by DHS employees and contractors.
 
(Sec. 8305) Requires the DHS Privacy Officer to coordinate with the Officer for Civil Rights and Liberties in implementing DHS privacy programs, policies, and procedures.
 
(Sec. 8306) Requires the Secretary to ensure that DHS complies with protections for human research subjects.
 

Subtitle D: Other Matters 
- (Sec. 8401) Amends the Clinger-Cohen Act to require increased security for information technology capital planning and investment control responsibilities.
 
(Sec. 8402) Requires the FBI to continually maintain and update an enterprise architecture. Defines &quot;enterprise architecture&quot; as a detailed outline or blueprint of the information technology of the FBI. Requires the Director of the FBI to report to the House and Senate Judiciary Committees on whether the major information technology investments of the FBI are in compliance with the agency's enterprise architecture. 
 
(Sec. 8403) Requires the Office of Government Ethics to submit to Congress a report evaluating the financial disclosure process for executive branch employees.
 
Requires the Office of Personnel Management to transmit to major party presidential nominees an electronic record on presidentially appointed positions.
 
Requires the head of each Federal agency to submit to the President and Congress a presidential appointment reduction plan.
 
Requires the Office of Government Ethics to conduct a comprehensive review of conflict of interest laws relating to executive branch employment and report to the President and Congress on such review.
 
(Sec. 8404) Amends the Aviation and Transportation Security Act to extend until November 19, 2005, provisions requiring air carriers to honor tickets issued by airlines that have suspended passenger service.

action_date: 2004-12-17
text: 

(This measure has not been amended since the Conference Report was filed in the House on December 7, 2004. The summary of that version is repeated here.)

 
Intelligence Reform and Terrorism Prevention Act of 2004 - 
Title I: Reform of the Intelligence Community 
- National Security Intelligence Reform Act of 2004 - 
Subtitle A: Establishment of Director of National Intelligence 
 - (Sec. 1011) Amends the National Security Act of 1947 to establish a Director of National Intelligence (Director), to be appointed by the President with the advice and consent of the Senate. Requires the Director to have extensive national security expertise. Prohibits the Director from being located within the Executive Office of the President or simultaneously serving as head of the Central Intelligence Agency (CIA) or any other intelligence community (IC) element.
 
Gives the Director primary responsibility for: (1) serving as head of the IC; (2) acting as principal adviser for intelligence matters related to national security; and (3) managing, overseeing, and directing the execution of the National Intelligence Program (formerly known as the National Foreign Intelligence Program). Requires the Director to ensure that timely, objective, and independent national intelligence based upon all available sources is provided to: (1) the President; (2) the heads of departments and agencies of the executive branch; (3) the Chairman of the Joint Chiefs of Staff and senior military commanders; and (4) the Senate and House of Representatives and congressional committees.
 
Gives the Director access to all national intelligence and intelligence related to national security collected by Federal entities, unless otherwise directed by the President.
 
Outlines budgetary duties of the Director, including: (1) the development of an annual consolidated budget for the National Intelligence Program (the Program); and (2) participation in the development of annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities.
 
Requires the Director to manage funds appropriated for the Program.
 
Authorizes the Director to: (1) transfer and reprogram funds within the Program, with the approval of the Director of the Office of Management and Budget (OMB) and after consultation with the affected agencies; and (2) transfer IC element personnel to the national intelligence center or to other IC elements, with the OMB Director's approval and after notice to specified congressional committees.
 
Requires the Director to, among other things: (1) develop standards for the collection and dissemination of national intelligence; (2) oversee the National Counterterrorism Center (NCC) established by this Act; (3) prescribe personnel policies for the IC; (4) ensure compliance with the law by the CIA and other IC elements; (5) promote intelligence information sharing within the IC; (6) make intelligence analysis a priority within the IC; (7) implement guidelines for the protection of intelligence sources and methods; (8) oversee the coordination of the relationships between IC elements and their foreign counterparts; (9) establish requirements and priorities for the collection of foreign intelligence information under the Foreign Intelligence Surveillance Act of 1978 (FISA) and assist the Attorney General in the dissemination of information collected under FISA-related searches and surveillance; and (10) develop an enterprise architecture for the IC.
 
Requires the Director: (1) subject to the direction of the President, to establish uniform procedures for access to sensitive compartmented information; (2) subject to the direction of the President and after consultation with the Secretary of Defense, to ensure that Program budgets for IC elements within the Department of Defense (DOD) are adequate; and (3) to coordinate performance by IC elements within the Program in areas of common concern.
 
Establishes an Office of the Director of National Intelligence and related positions.
 
Establishes a National Intelligence Council to produce national intelligence estimates for the U.S. Government and evaluate the collection and production of intelligence by the IC. 
 
Establishes within the Office of the Director, among other positions: (1) a Civil Liberties Protection Officer; (2) a Director of Science and Technology; and (3) a National Counterintelligence Executive.
 
Specifies the functions of the CIA and the CIA Director.
 
(Sec. 1012) Amends the National Security Act of 1947 to redefine &quot;national intelligence&quot; and &quot;intelligence related to national security&quot; to refer to all intelligence, regardless of the source, that pertains to more than one Government agency and involves: (1) threats to the United States, its people, property, or interests; (2) the development, proliferation, or use of weapons of mass destruction (WMDs); or (3) any other matter bearing on national or homeland security.
 
(Sec. 1013) Requires the Director, in consultation with the Secretary of Defense and the Director of the CIA, to develop joint procedures to be used by the DOD and the CIA to improve operational coordination.
 
(Sec. 1014) Gives the Director a role in the appointment of certain intelligence officials.
 
(Sec. 1016) Requires the President to establish a secure information sharing environment (ISE) for the sharing of intelligence and related information in a manner consistent with national security and the protection of privacy and civil liberties, incorporating specified attributes.
 
Establishes an Information Sharing Council to assist the President and the ISE program manager with ISE-related duties.
 
(Sec. 1017) Requires the Director to establish a process and assign responsibility for ensuring that elements of the IC conduct alternative (&quot;red-team&quot;) analysis of information and conclusions in IC products.
 
(Sec. 1018) Directs the President to issue guidelines ensuring the effective implementation of the Director's authorities in a manner that does not abrogate the statutory responsibilities of Federal agency heads.
 
(Sec. 1019) Requires the Director to assign responsibility for ensuring the timeliness and analytical integrity of IC products.
 
Requires the preparation of reports relating to the requirements of this subtitle.
 

Subtitle B: National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers 
- (Sec. 1021) Establishes the National Counterterrorism Center (NCC) to: (1) analyze and integrate all U.S. intelligence pertaining to terrorism and counterterrorism; (2) conduct strategic operational planning for counterterrorism activities; (3) ensure that intelligence agencies have access to, and receive, all intelligence needed to accomplish their missions; and (4) serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups. 
 
Authorizes the Center to receive intelligence pertaining exclusively to domestic counterterrorism.
 
Sets forth the duties and responsibilities of the Center's Director including, among other things: (1) serving as the principal advisor to the Director on intelligence operations relating to counterterrorism; and (2) taking primary responsibility within the U.S. Government for conducting net assessments of terrorist threats.
 
Requires the NCC Director to establish within the NCC a Directorate of Strategic Operational Planning.
 
(Sec. 1022) Amends the National Security Act of 1947 to require the President to establish a National Counter Proliferation Center. 
 
(Sec. 1023) Authorizes the Director to establish National Intelligence Centers to address intelligence priorities, including but not limited to regional issues.
 

Subtitle C: Joint Intelligence Community Council
 - (Sec. 1031) Establishes a Joint Intelligence Community Council (JICC) to assist the Director in developing and implementing a joint, unified national intelligence effort to protect national security. Authorizes any member of the JICC to make recommendations to Congress.
 

Subtitle D: Improvement of Education for the Intelligence Community
 - (Sec. 1041) Requires the Director to identify the linguistic requirements for the Office of the Director of National Intelligence, identify the specific requirements for the range of linguistic skills necessary for the IC, and develop a comprehensive plan for the Office to meet such requirements through the education, recruitment, and training of linguists.
 
Requires the Director to require heads of each element and component within the Office with responsibility for professional intelligence training to periodically review and revise the curriculum for such training for senior and intermediate level personnel.
 
(Sec. 1042) Requires the Director to provide for the cross-disciplinary education and training of IC personnel.
 
(Sec. 1043) Requires the Director to establish an Intelligence Community Scholarship Program with a post-scholarship period of obligated civilian service of 24 months for each academic year of the scholarship.
 

Subtitle E: Additional Improvements of Intelligence Activities 
- (Sec. 1051) States that the Director, in cooperation with the Secretaries of Defense and Energy, should seek to ensure that each DOD service laboratory and each Department of Energy national laboratory may assist the Director in all aspects of technical intelligence and make their resources available to the IC.
 
(Sec. 1052) Expresses the sense of Congress that: (1) the Director should establish an intelligence center to coordinate the collection, analysis, production, and dissemination of open source intelligence to IC elements; (2) open source intelligence is valuable and must be integrated into the intelligence cycle; and (3) the intelligence center should ensure that each IC element uses open source intelligence consistent with its mission.
 
Requires the Director to report on the Director's decision regarding the establishment of an intelligence center.
 
(Sec. 1053) Authorizes the Director to provide for the establishment and training of a National Intelligence Reserve Corps for the temporary employment on a voluntary basis of former IC employees during periods of emergency. 
 

Subtitle F: Privacy and Civil Liberties
 - (Sec. 1061) Establishes within the Executive Office of the President a Privacy and Civil Liberties Oversight Board to: (1) analyze and review actions taken by the Executive branch to protect the Nation from terrorism, ensuring a balance with privacy and civil liberties protections; and (2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism. Requires annual reports on major Board activities.
 

Subtitle G: Conforming and Other Amendments
 - (Sec. 1071) Makes conforming amendments to existing law relating to the Director's role, the role of the CIA Director, and other matters.
 
(Sec. 1074) Redesignates the National Foreign Intelligence Program as the National Intelligence Program.
 
(Sec. 1078) Amends the Inspector General Act of 1978 to authorize the Director to establish an Office of Inspector General.
 

Subtitle H: Transfer, Termination, Transition and Other Provisions 
- (Sec. 1091) Transfers: (1) such staff of the Community Management Staff to the Office of the National Intelligence Director as the Director deems appropriate; and (2) the Terrorist Threat Integration Center to the NCC.
 
(Sec. 1093) Terminates the positions of Assistant Director of Central Intelligence for Collection, Assistant Director of Central Intelligence for Analysis and Production, and Assistant Director of Central Intelligence for Administration.
 
(Sec. 1094) Requires the President to transmit to Congress a plan for implementation of this title.
 
(Sec. 1095) Requires the Director to submit a report on progress made in implementing this title.
 

Subtitle I: Other Matters 
- (Sec. 1101) Requires the Secretary of Defense to study and report to specified congressional committees on promotion selection rates, and selection rates for professional military school attendance, of intelligence officers of the Armed Forces in comparison to the rates for other officers of the Armed Forces.
 
(Sec. 1102) Amends the Public Interest Declassification Act of 2000 to require the Public Interest Declassification Board to report directly to the President or, upon the President's designation, to the Vice President, Attorney General, or other designee (but precludes designation to an agency head or official who is authorized to classify information).
 
Adds to the list of purposes of the Board reviewing and making recommendations to the President with respect to any congressional requests to declassify or reconsider declassification of records.
 
Requires the Board to conduct declassification reviews upon the President's request.
 

Title II: Federal Bureau of Investigation
 - (Sec. 2001) Directs the Director of the Federal Bureau of Investigation (hereinafter FBI Director) to continue efforts to improve the intelligence capabilities of the FBI and to develop and maintain within the FBI a national intelligence workforce.
 
Requires the FBI Director to: (1) develop and maintain a specialized and integrated national intelligence workforce of agents, analysts, linguists, and surveillance specialists who are recruited, trained, and rewarded in a manner that creates an institutional culture in the FBI with substantial expertise in, and commitment to, the intelligence mission of the FBI; (2) establish career positions in national intelligence matters: (3) recruit agents with backgrounds and skills relevant to the intelligence mission of the FBI; (4) provide agents with training in intelligence and opportunities for assignments in national intelligence matters; and (5) make advanced training and work in intelligence matters a precondition to employee advancement.
 
Requires each direct supervisor of a Field Intelligence Group, and each Bureau Operation Manager at the Section Chief and Assistant Special Agent in Charge level and above to be a certified intelligence officer.
 
Requires the FBI Director to: (1) ensure that each Field Intelligence Group reports directly to a field office senior manager responsible for intelligence matters; (2) provide for necessary expansion of secure facilities in FBI field offices to meet the intelligence mission of the FBI; and (3) ensure the integration of analysts, agents, linguists, and surveillance personnel in the field. 
 
Requires the FBI Director to establish a budget structure that reflects the four principal missions of the Bureau (i.e., intelligence, counterterrorism and counterintelligence, criminal enterprises/Federal crimes, and criminal justice services). 
 
Requires the FBI Director to submit periodic reports to Congress on progress in carrying out improvements in FBI intelligence capabilities, including reports on FBI priorities, personnel reviews, and implementation of information-sharing principles.
 
(Sec. 2002) Redesignates the Office of Intelligence as the Directorate of Intelligence of the Federal Bureau of Investigation (Directorate). Assigns to the Directorate responsibility for intelligence functions, including: (1) supervision of all FBI national intelligence programs; (2) oversight of FBI field intelligence operations; (3) strategic analysis; (4) budget management; and (5) other responsibilities specified by the FBI Director or by law.
 
(Sec. 2003) Authorizes the FBI Director to establish career positions for intelligence analysts within the FBI; (2) establish an FBI Reserve Service (limited to 500 employees) for the temporary reemployment (no more than 180 days) of former FBI employees during periods of emergency; and (3) through FY 2007, for up to 50 employees per fiscal year, extend the mandatory retirement age for FBI employees to 65 (current law allows an extension to age 60).
 
(Sec. 2006) Requires the Attorney General to report annually to the House and Senate Committees on the Judiciary on FBI use of translators. 
 

Title III: Security Clearances
 - (Sec. 3001) Directs the President to select a single executive branch department, agency, or element (designated entity) to be responsible for security clearances and investigations.
 
Requires all Federal agencies to accept security clearance background investigations and determinations that are completed by an authorized investigative agency or authorized adjudicative agency.
 
Directs the Director of the Office of Personnel Management (OPM) to establish and operate an integrated, secure database on security clearances.
 
Requires the head of the designated entity to evaluate the use of available information technology and databases in security clearance investigations and adjudications.
 
Requires: (1) the head of the designated entity to develop a plan to reduce the length of the personnel security clearance process; (2) such plan to provide for determinations on at least 90 percent of all security clearance applications within 60 days; and (3) implementation of such plan within five years after enactment of this Act.
 
Requires the head of the designated entity to report to Congress annually through 2011 on progress in meeting the requirements of this Act.
 
Authorizes appropriations.
 

Title IV: Transportation Security - Subtitle A: National Strategy for Transportation Security
 - (Sec. 4001) Requires the Secretary of Homeland Security to: (1) develop and implement a National Strategy for Transportation Security and transportation modal security plans; and (2) submit such plans and periodic progress reports to appropriate congressional committees.
 
States that the strategy shall be the governing document for Federal transportation security efforts.
 

Subtitle B: Aviation Security 
- (Sec. 4011) Requires the issuance of guidance for the use of biometric or other technology that positively verifies the identity of each employee and law enforcement officer who enters a secure area of an airport.
 
Requires the Assistant Secretary of Homeland Security (Transportation Security Administration (TSA)) (hereinafter Assistant Secretary) to establish a uniform travel credential for Federal, State, and local law enforcement officers that incorporates biometrics and a process for using such credential to verify officer identity for purposes of carrying weapons on board aircraft.
 
Authorizes appropriations for: (1) research and development of advanced biometric technology applications to aviation security, including mass identification technology; and (2) the establishment of a competitive center of excellence to develop and expedite the Federal Government's use of biometric identifiers.
 
(Sec. 4012) Requires the Assistant Secretary to begin testing an advanced airline passenger prescreening system no later than January 1, 2005, that will allow the Department of Homeland Security (DHS) to compare passenger information with automatic selectee and no-fly lists. 
 
Requires the Assistant Secretary to establish a process by which operators of charter aircraft or rental aircraft with a maximum takeoff weight of more than 12,500 pounds may request DHS to use the advanced passenger prescreening system to compare information about individuals seeking to charter or rent such aircraft and any proposed passengers with automatic selectee and no-fly lists. Directs the Assistant Secretary to establish a timely and fair process for individuals identified as a threat to appeal that determination and correct erroneous information.
 
Directs the Secretary to issue notice of a proposed rulemaking that will allow DHS to compare passenger names for inbound or outbound international flights against the consolidated and integrated terrorist watchlist maintained by the Federal Government (terrorist watchlist). Requires the creation of a related appeal process.
 
Requires preparation of reports on: (1) the impact of automatic selectee and no-fly lists on privacy and civil liberties; and (2) the Terrorist Screening Center consolidated watchlist, including criteria for placing names on that list.
 
(Sec. 4013) Requires the Assistant Secretary to: (1) give high priority to airport screening checkpoint technology that will detect nonmetallic weapons and explosives; (2) transmit to the appropriate congressional committees a strategic plan to promote optimal use and deployment of explosive detection devices at airports; (3) take appropriate interim action until measures are implemented that enable the screening of all passengers for explosives; (4) develop a pilot program to deploy and test advanced airport checkpoint screening devices and technologies at not less than five U.S. airports; and (5) take necessary action to improve the job performance of airport screening personnel.
 
(Sec. 4016) Requires the Director of the Federal Air Marshal Service to continue developing operational initiatives to protect Federal air marshal anonymity.
 
Requires the Assistant Secretary for Immigration and Customs Enforcement (ICE) and the Director of the Federal Air Marshal Service to: (1) provide training on in-flight counterterrorism and weapons handling procedures and tactics to Federal law enforcement officers who fly while in possession of a firearm; and (2) ensure that TSA screeners and Federal Air Marshals, as well as Federal and local law enforcement agencies in States that border Canada or Mexico, receive training in identifying fraudulent identification documents, including fraudulent or expired visas or passports.
 
(Sec. 4017) Encourages the President to aggressively pursue international agreements with foreign governments to allow the maximum deployment of Federal air marshals on international flights.
 
(Sec. 4018) Authorizes the Assistant Secretary for ICE, after consultation with the Secretary of State, to direct the Federal Air Marshal Service to provide training to foreign law enforcement personnel.
 
(Sec. 4019) Directs the Assistant Secretary to: (1) take necessary action to expedite installation and use of advanced in-line baggage screening equipment at airports where screening is required; and (2) submit to appropriate congressional committees schedules for expediting installation of such equipment and for replacing trace-detection equipment.
 
Requires the President to submit a cost-sharing study regarding installation of in-line baggage screening equipment. 
 
Authorizes increased appropriations through FY 2007 for expiring and new letters of intent regarding airport security improvement projects.
 
(Sec. 4020) Requires the Under Secretary for Border and Transportation Security of DHS to provide assistance for acquisition and installation of security monitoring cameras in checked baggage screening areas not open to public view in those airports that are required to perform screening.
 
(Sec. 4021) Directs the Assistant Secretary, in consultation with the Administrator of the Federal Aviation Administration (FAA), to study the viability of providing devices or methods to enable flight crews to discreetly notify pilots in the case of security breaches or safety issues in the cabin and to report results of the study.
 
(Sec. 4022) Requires the FAA Administrator to develop a system for issuing pilot's licenses with enhanced security features. 
 
(Sec. 4023) Directs the Assistant Secretary to develop and submit to appropriate congressional committees standards for determining appropriate aviation security staffing for all airports at which screening is required.
 
Requires the Comptroller General to thereafter conduct an expedited analysis of, and submit a report on, such standards.
 
Directs the Secretary to study the feasibility of combining under the aegis of DHS the operations of Federal employees involved in commercial airport screening and aviation security-related functions.
 
(Sec. 4024) Requires the Secretary to establish a plan and guidelines for implementing improved explosive detection system equipment.
 
Authorizes appropriations for research and development of improved explosive detection systems for aviation security. 
 
(Sec. 4025) Requires the Assistant Secretary to complete a review of the Prohibited Items List under current regulations within 60 days of enactment of this Act, revise that list to prohibit air passengers from carrying butane lighters, and make other appropriate modifications.
 (Sec. 4026) Directs the President to pursue, on an urgent basis, strong diplomatic and cooperative efforts to limit the availability, transfer, and proliferation of MANPADS (shoulder-fired missiles) worldwide and report to Congress on such efforts. 
(Sec. 4028) Requires the Assistant Secretary to report on the costs and benefits of using secondary flight deck barriers and whether such barriers should be mandated for all air carriers.
 
(Sec. 4029) Extends through FY 2006 the authorization of appropriations for aviation security.
 

Subtitle C: Air Cargo Security 
- (Sec. 4051) Requires the Assistant Secretary to carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft.
 
(Sec. 4052) Directs the Assistant Secretary to develop technology to better identify, track, and screen air cargo.
 
Authorizes appropriations through FY 2007 for: (1) improving aviation security related to the transportation of cargo; and (2) research and development related to enhanced air cargo security technology and the deployment and installation of such technology.
 
Requires the Secretary to establish a competitive grant program to encourage the development of advanced air cargo security technology.
 
(Sec. 4053) Requires the Assistant Secretary, within 240 days of enactment of this Act, to issue a final rule in Docket Number TSA-2004-19515 to amend transportation security regulations to enhance and improve the security of air cargo.
 
(Sec. 4054) Requires the Secretary, in coordination with the Secretary of Defense and the FAA Administrator, to submit a report on international air cargo threats.
 

Subtitle D: Maritime Security
 - (Sec. 4071) Directs the Secretary to: (1) implement a procedure under which DHS compares information about cruise ship passengers and crew with a terrorist watchlist; (2) use information obtained by this comparison to prevent identified persons from boarding or to subject them to additional security scrutiny through the use of no transport and automatic selectee lists; (3) require, by rulemaking, that cruise ship operators provide passenger and crew information for purposes of such comparison; and (4) establish operating procedures and data integrity measures for no transport and automatic selectee lists.
 
(Sec. 4072) Establishes a deadlines for DHS to carry out security planning activities called for in the Maritime Transportation Security Act of 2002, including: (1) preparation of a national maritime transportation security plan; and (2) facility and vessel vulnerability assessments. Requires the Secretary of the department in which the Coast Guard is operating to submit to specified congressional committees a comprehensive program management plan for the transportation security card program required by that Act and other specified reports.
 

Subtitle E: General Provisions
 - (Sec. 4081) Sets forth definitions and the effective date of this title.
 

Title V: Border Protection, Immigration, and Visa Matters - Subtitle A: Advanced Technology Northern Border Security Pilot Program
 - (Sec. 5101) Authorizes the Secretary to carry out a pilot program to test advanced technologies to improve border security between ports of entry (POEs) along the northern border of the United States. Specifies the required features of such program. Requires coordination of such program among United States, State and local, and Canadian law enforcement and border security agencies.
 
(Sec. 5104) Requires the Secretary to report on the pilot program.
 

Subtitle B: Border and Immigration Enforcement
 - (Sec. 5201) Requires the Secretary to submit to the President and appropriate congressional committees a comprehensive plan for the systematic surveillance of the southwest border of the United States by remotely piloted aircraft.
 
(Sec. 5202) Requires the Secretary to increase: (1) the number of full-time Border Patrol agents by not less than 2,000 per fiscal year from FY 2006 through 2010; and (2) the number of full-time immigration and customs enforcement investigators by not less than 800 per fiscal year for the same period. 
 
(Sec. 5204) Directs the Secretary to increase by not less than 8,000 in each of FY 2006 through 2010 the number of beds available for immigration detention and removal operations of DHS. Requires the Secretary to give priority for the use of these additional beds to the detention of individuals charged with removability or inadmissibility on security and related grounds.
 

Subtitle C: Visa Requirements
 - (Sec. 5301) Amends the Immigration and Nationality Act to require aliens age 14 through 79 who are applying for nonimmigrant visas to submit to in-person interviews with consular officers unless such interview is waived in specified circumstances. 
 
Mandates in-person interviews for all aliens who: (1) are not nationals of the country in which they are applying for a visa; (2) were previously refused a visa; (3) are listed in the Consular Lookout and Support System; (4) are nationals of countries officially designated as state sponsors of terrorism; (5) are prohibited from obtaining a visa until a security advisory opinion or other Department of State clearance is issued; or (6) are identified as members of a high-risk group identified by the Secretary of State.
 
(Sec. 5304) Precludes judicial review of visa revocations or revocations of other travel documents by consular officers or the Secretary of State. Adds to the list of deportable aliens those nonimmigrants whose visas or other documentation authorizing admission were revoked (making such aliens immediately deportable). 
 

Subtitle D: Immigration Reform
 - (Sec. 5401) Provides enhanced criminal penalties for unlawfully bringing in and harboring aliens in cases where: (1) the offense is part of an ongoing commercial organization or enterprise; (2) aliens were transported in groups of ten or more; (3) aliens were transported in a manner that endangered their lives; or (4) the aliens presented a life-threatening health risk to the people of the United States.
 
Requires the Secretary to implement an outreach program to educate the public in the United States and abroad about the penalties for unlawfully bringing in and harboring aliens. 
 
(Sec. 5402) Renders deportable any alien who has received military-type training from or on behalf of a terrorist organization. 
 
(Sec. 5403) Requires the Comptroller General to study and report on the extent to which weaknesses in the asylum system and the withholding of removal system have been or could be exploited by aliens with terrorist ties. Gives the Comptroller General access, for purposes of such study, to the applications and administrative and judicial records of alien applicants for asylum and withholding of removal.
 

Subtitle E: Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
 - (Sec. 5501) Renders inadmissible and deportable those aliens who: (1) order, incite, assist, or otherwise participate in conduct outside the United States that would, if committed in the United States or by a U.S. national, be genocide; and (2) commit, order, incite, assist, or participate in acts of torture or extrajudicial killing as defined by U.S. law. Makes these amendments applicable to offenses committed before, on, or after the enactment of this Act.
 
(Sec. 5502) Designates as inadmissible and deportable foreign government officials who have at any time committed particularly severe violations of religious freedom.
 
(Sec. 5503) Provides for a waiver of inadmissibility premised on torture or extrajudicial killing for aliens seeking temporary admission as nonimmigrants, in the Attorney General's discretion. Precludes waivers for such aliens who have engaged in Nazi persecution or genocide.
 
(Sec. 5504) Bars a finding of good moral character (necessary for naturalization) for aliens who: (1) participated in Nazi persecution, genocide, torture, or extrajudicial killing; or (2) were responsible for particularly severe violations of religious freedom while serving as foreign government officials.
 
(Sec. 5505) Directs the Attorney General to: (1) establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and, where appropriate, take action to denaturalize any alien who participated in Nazi persecution, genocide, torture, or extrajudicial killing; (2) consult the Secretary in making determinations concerning the criminal prosecution or extradition of such aliens.
 
(Sec. 5506) Requires the Attorney General to submit a report on implementation of this subtitle.
 

Title VI: Terrorism Prevention - Subtitle A: Individual Terrorists as Agents of Foreign Powers 
- (Sec. 6001) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to redefine &quot;agent of a foreign power&quot; to include any person who engages in international terrorism or activities in preparation for such terrorism (currently, limited to persons connected to foreign powers). Makes this amendment subject to a sunset provision in the USA PATRIOT Act of 2001 which generally provides for a sunset date of December 31, 2005.
 
(Sec. 6002) Requires the Attorney General to submit semiannual reports on the targets of FISA orders and related outcomes, including but not limited to the aggregate number of persons targeted for electronic surveillance, physical searches, pen registers, and records access.
 

Subtitle B: Money Laundering and Terrorist Financing - 
(Sec. 6101) Authorizes appropriations for technological improvements in mission-critical systems of the Financial Crimes Enforcement Network (FinCEN).
 
(Sec. 6102) Reauthorizes appropriations for the national money laundering and related financial crimes strategy, the financial crime-free communities support program, and grants to fight money laundering and related financial crimes.
 

Subtitle C: Money Laundering Abatement and Financial Antiterrorism Technical Corrections
 - International Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004 - (Sec. 6202) Makes technical corrections to the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001.
 
(Sec. 6204) Amends that Act to delete congressional authority to review and terminate its provisions by joint resolution.
 
(Sec. 6205) Makes this subchapter retroactively effective as if included in the USA PATRIOT Act of 2001.
 

Subtitle D: Additional Enforcement Tools
 - (Sec. 6301) Authorizes the Treasury to produce currency, postage stamps, and other security documents for foreign governments subject to certain conditions.
 
(Sec. 6302) Directs the Secretary of the Treasury, following the submission of a related report, to prescribe regulations requiring selected financial institutions to report to FinCEN certain cross-border electronic transmittals of funds. 
 
(Sec. 6303) Directs the President, acting through the Secretary of the Treasury, to submit to Congress a report evaluating the current status of U.S. efforts to curtail international financing of terrorism.
 
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to impose administrative and civil penalties on any person who: (1) has served as senior Federal bank examiner of a particular financial institution or insured credit union for two or more months during the final 12 months of Federal employment; and (2) knowingly accepts compensation as an employee, officer, director, or consultant from that institution (including its holding company, a subsidiary, or an affiliate) or credit union within one year after departure from Federal service. Authorizes waivers of this restriction where the relevant authority certifies that granting the waiver would not affect the integrity of the Government's supervisory program. 
 

Subtitle E: Criminal History Background Checks
 - (Sec. 6401) Amends the PROTECT Act to extend to 30 months the length of the State Pilot Program and the Child Safety Pilot Program. 
 
(Sec. 6402) Private Security Officer Employment Authorization Act of 2004 - Allows employers of private security officers who are authorized by regulation to request criminal history record information searches of such security officers through a State identification bureau (authorized employers) to submit fingerprints or other means of positive identification for purposes of such searches. Requires written consent from employees prior to such searches and employee access to any information received.
 
Establishes criminal penalties for the knowing and intentional use of information obtained through criminal history record information searches for purposes other than determining an individual's suitability for employment as a private security officer.
 
(Sec. 6403) Requires the Attorney General to report on all statutory requirements for criminal history checks by the Department of Justice or its components, including recommendations for improving, standardizing, and consolidating existing procedures.
 

Subtitle F: Grand Jury Information Sharing 
- (Sec. 6501) Amends the Federal Rules of Criminal Procedure to authorize disclosure of certain grand jury matters, including matters involving threats of terrorism, to foreign government officials.
 

Subtitle G: Providing Material Support to Terrorism 
- Material Support to Terrorism Prohibition Enhancement Act of 2004 - (Sec. 6602) Amends the Federal criminal code to establish criminal penalties for knowingly receiving military-type training from an organization designated as a foreign terrorist organization by the Secretary of State. 
 
Provides extraterritorial Federal jurisdiction.
 
(Sec. 6603) Modifies the statute prohibiting the knowing provision of material support to terrorists or terrorist organizations. Clarifies the definition of several types of material support. 
 
Provides extraterritorial Federal jurisdiction.
 
States that nothing in this section shall be construed or applied so as to abridge the exercise of First Amendment rights. 
 
Prohibits the prosecution of any person for providing material support if such support was approved by the Secretary of State with the concurrence of the Attorney General.
 
Provides for the sunset of specified provisions contained in this section on December 31, 2006.
 
(Sec. 6604) Modifies the statute prohibiting terrorist financing to make punishable: (1) the concealment of the proceeds of funds can be prosecuted (in addition to concealment of the funds themselves); and (2) the concealment of funds when they are presently being used to support terrorism (in addition to past use).
 

Subtitle H: Stop Terrorist and Military Hoaxes Act of 2004
 - Stop Terrorist and Military Hoaxes Act of 2004 - (Sec. 6702) Amends the Federal criminal code to provide criminal and civil penalties for false information concerning terrorist activities and military hoaxes. 
 
(Sec. 6703) Increases statutory penalties for false statements to Federal authorities and for obstructing administrative or congressional proceedings if the matter relates to international or domestic terrorism. Requires the U.S. Sentencing Commission to amend the U.S. Sentencing Guidelines to increase the offense level for such offenses.
 

Subtitle I: Weapons of Mass Destruction Prohibition Improvement Act of 2004 
- Weapons of Mass Destruction Prohibition Improvement Act of 2004 - (Sec. 6802) Expands the jurisdictional bases and scope of the prohibition against weapons of mass destruction (WMDs). Expands the definition of &quot;restricted persons&quot; subject to the prohibition on possession or transfer of biological agents or toxins to include individuals acting for a country determined to have provided repeated support for international terrorism. Includes chemical weapons within the definition of WMDs. 
 
Adds offenses involving biological weapons, chemical weapons, and nuclear materials to the racketeering predicate offense list.
 
(Sec. 6803) Provides criminal liability for participation in nuclear and WMD threats against the United States. Provides extraterritorial Federal jurisdiction over such offenses.
 

Subtitle J: Prevention of Terrorist Access to Destructive Weapons Act of 2004
 - Prevention of Terrorist Access to Destructive Weapons Act of 2004 - (Sec. 6903) Amends the Federal criminal code to make it unlawful for any person to knowingly produce, construct (engineer or synthesize in the case of variola virus), otherwise acquire, transfer, receive, possess, import, export, or use, or possess and threaten to use: (1) missile systems designed to destroy aircraft; (2) radiological dispersal devices; or (3) variola virus. 
 
Amends the Atomic Energy Act of 1954 to make it unlawful for any person to knowingly manufacture, produce, transfer, acquire, receive, possess, import, export, or use, or possess and threaten to use any atomic weapon.
 
Establishes penalties for such offenses including fines and imprisonment for 25 or 30 years to life.
 
Establishes Federal jurisdiction over such offenses where: (1) they occur in interstate or foreign commerce; (2) are committed by or against a U.S. national outside of the United States; (3) are committed against Federal property both within and outside of the United States; or (4) an offender aids or abets or conspires with any person over whom jurisdiction exists.
 
(Sec. 6907) Adds such offenses to: (1) the list of offenses for which orders authorizing the interception of wire, oral, or electronic communications may be obtained; (2) the definition of &quot;Federal crime of terrorism&quot; for purposes of provisions prohibiting acts of terrorism transcending international boundaries; and (3) the definition of &quot;specified unlawful activity&quot; for purposes of provisions addressing money laundering.
 
(Sec. 6910) Amends the Arms Export Control Act to add such offenses to the statutory list of adverse considerations supporting disapproval of an export license application.
 

Subtitle K: Pretrial Detention of Terrorists
 - Pretrial Detention of Terrorists Act of 2004 - (Sec. 6952) Creates a presumption of pretrial detention in certain cases involving terrorism.
 

Title VII: Implementation of 9/11 Commission Recommendations
 - 9/11 Commission Implementation Act of 2004 - 
Subtitle A: Diplomacy, Foreign Aid, and the Military in the War on Terrorism 
- (Sec. 7102) Makes findings and expresses the sense of Congress on U.S. policy on terrorist sanctuaries.
 
Amends the Export Administration Act of 1979 to extend restrictions on certain exports to countries whose territories are being used as sanctuaries for terrorists or terrorist organizations.
 
Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require annual State Department country reports on terrorism to include detailed assessments with respect to each foreign country whose territory is being used as a sanctuary for terrorists or terrorist organizations. Specifies the required content of such reports, including: (1) how much knowledge foreign governments have as to terrorist activities in their countries; (2) actions by such countries to eliminate terrorist sanctuaries, cooperate with U.S. antiterrorism efforts, and prevent the proliferation of and trafficking in weapons of mass destruction (WMDs) in their countries; and (4) a strategy for addressing and eliminating terrorist sanctuaries.
 
(Sec. 7103) Expresses the sense of Congress with respect to U.S. commitment to the future of Pakistan. Extends through FY 2006 the authority of the President to waive certain foreign assistance restrictions on Pakistan. 
 
(Sec. 7104) Afghanistan Freedom Support Act Amendments of 2004 - Expresses the sense of Congress that the U.S. Government should work with other countries to obtain long-term security, political, and financial commitments and fulfillment of pledges to the Government of Afghanistan.
 
Amends the Afghanistan Freedom Support Act of 2002 to require the President (under current law the President is &quot;strongly urged&quot;) to designate within the State Department a coordinator of Afghanistan affairs. Requires the coordinator to submit to Congress the Administration's Afghanistan assistance plan and to coordinate the implementation of assistance to Afghanistan.
 
Reaffirms authorities in the Afghanistan Freedom Support Act of 2002 relating to economic and democratic development assistance for Afghanistan.
 
Requires the President to formulate a five-year strategy for Afghanistan and submit such strategy to Congress. Requires that such strategy include specific and measurable goals for addressing the long-term development and security needs of Afghanistan. Requires the President to submit annual report through 2010 on the progress in implementing such strategy.
 
Revises provisions relating to education, the rule of law, civil society and democracy, and protection of cultural sites in Afghanistan.
 
Directs the Secretary of State to submit periodic reports to Congress on assistance for Afghanistan from all U.S. Government agencies.
 
Declares it to be U.S. policy to: (1) take immediate steps to disarm private militias, particularly child soldiers, in Afghanistan; and (2) support the expansion of international peacekeeping and security operations in Afghanistan.
 
Expresses the sense of Congress supporting counterdrug efforts in Afghanistan. Directs the Secretaries of Defense and State to jointly report to Congress on: (1) the progress in reducing poppy cultivation and heroin production in Afghanistan; and (2) the use of profits from illegal drugs to support terrorist efforts to undermine the Government of Afghanistan.
 
 Extends through January 1, 2010, the reporting requirement on the implementation of strategies for meeting the immediate and long-term security needs of Afghanistan.
 
Repeals provisions of the Foreign Assistance Act of 1961 prohibiting certain assistance to Afghanistan.
 
Authorizes appropriations through FY 2006 for assistance to Afghanistan.
 
(Sec. 7105) Expresses the sense of Congress with respect to the relationship between the peoples and Governments of the United States and Saudi Arabia.
 
(Sec. 7106) Expresses the sense of Congress on efforts to combat Islamist terrorism.
 
(Sec. 7107) Expresses the sense of Congress that U.S. foreign policy should promote democratic values and respect for the rule of law and that the U.S. Government must encourage all governments with predominantly Muslim populations to promote democratic values and respect for the rule of law.
 
(Sec. 7108) Expresses the sense of Congress with respect to the promotion of U.S. values through broadcast media. 
 
Directs the Secretary of State to make grants to the National Endowment for Democracy to fund a private sector group to establish and manage a free and independent media network. 
 
Authorizes appropriations. 
 
(Sec. 7109) Amends the State Department Basic Authorities Act of 1956 to require the Secretary of State to: (1) make public diplomacy an integral component in the planning and execution of U.S. foreign policy; and (2) coordinate and develop a strategy for public diplomacy activities of Federal agencies. 
 
Sets forth the duties of the Under Secretary of State for Public Diplomacy, including the preparation of an annual strategic plan for public diplomacy in collaboration and consultation with the regional and functional bureaus of the State Department. 
 
(Sec. 7110) Declares U.S. policy on public diplomacy training. Directs the Secretary to: (1) emphasize the importance of public diplomacy in recruiting, training, and assigning members of the Foreign Service; and (2) seek to increase the number of Foreign Service officers who are proficient in languages spoken in predominantly Muslim countries. Makes proficiency in public diplomacy a criterion for promotion in the Foreign Service.
 
(Sec. 7111) Directs the President to continue to support and seek to expand the work of the democracy caucus at the United Nations General Assembly and the United Nations Human Rights Commission and to seek to establish a democracy caucus at the United Nations Conference on Disarmament and at other international organizations.
 
Directs the President to use the influence of the United States to reform criteria in United Nations bodies and other international organizations to exclude certain countries that violate the principles of specific organizations, are subject to United Nations sanctions, or have been determined to have supported international terrorism or terrorist organizations.
 
Declares U.S. policy supporting training courses in multilateral diplomacy for Foreign Service officers and other employees of the State Department. Directs the Secretary to provide training in multilateral diplomacy to Foreign Service officers and other employees of the State Department. 
 
(Sec. 7112) Declares it to be U.S. policy that the United States should commit to a long-term engagement with Muslim populations, particularly with Muslim youth and those who influence youth. Expresses the sense of Congress that the United States should significantly increase its investment in programs which promote engagement with the Muslim world. Authorizes the President to substantially expand U.S. exchange, scholarship, and library programs, particularly programs that benefit Muslims.
 
Directs the Secretary to conduct a pilot program to make grants to U.S.-sponsored elementary and secondary schools in predominantly Muslim countries to provide full or partial merit-based scholarships to lower-income and middle-income families in such countries and to report to Congress on such program. Authorizes appropriations for FY 2005 and 2006.
 
(Sec. 7113) Authorizes the Secretary to establish an International Youth Opportunity Fund to provide financial assistance for the improvement of public education in the Middle East and other strategically-important countries with predominantly Muslim populations. Encourages the Secretary to seek the cooperation of the international community in establishing and supporting such Fund. 
 
(Sec. 7114) Expresses the sense of Congress supporting the use of economic strategies to combat terrorism. 
 
(Sec. 7115) Authorizes appropriations for FY 2005 and 2006 for the Middle East Partnership Initiative. Expresses the sense of Congress that a significant amount of such funding be made available to promote the rule of law in the Middle East. 
 
(Sec. 7116) Expresses the sense of Congress that the President should engage foreign governments in developing a comprehensive multilateral strategy to fight terrorism. Authorizes the President to establish an international counterterrorism policy contact group with the leaders of foreign governments. 
 
(Sec. 7117) Expresses the sense of Congress on the importance of targeting terrorist financial facilitators in the war on terrorism. 
 
(Sec. 7118) Amends the Immigration and Nationality Act to revise procedures for the designation of foreign terrorist organizations. Provides for periodic review of the status of such organizations and the publication of such review in the Federal Register.
 
(Sec. 7119) Directs the President to submit to Congress a report on the activities of the U.S. Government to carry out the provisions of this subtitle, including descriptions of U.S. strategy to: (1) address and eliminate terrorist sanctuaries; (2) engage with Pakistan and support it over the long term; (3) engage with the Government of Saudi Arabia on subjects of mutual interest and importance; (4) help win the struggle of ideas in the Islamic world; (5) expand outreach to foreign Muslim audiences through broadcast media; (6) expedite issuance of visas to aliens for the purpose of participating in a scholarship, exchange, or visitor programs without compromising the security of the United States; (7) promote free universal basic education in the Middle East and in predominantly Muslim countries; and (8) encourage economic reform in predominantly Muslim countries. 
 
(Sec. 7120) Amends the Case-Zablocki Act to require the Secretary of State to: (1) make publicly available on the State Department Internet website each treaty or international agreement to be published in the compilation entitled &quot;United States Treaties and Other International Agreements&quot; not later than 180 days after such treaty or agreement enters into force; and (2) submit to Congress an annual report containing an index of certain international agreements for the preceding calendar year.
 

Subtitle B: Terrorist Travel and Effective Screening 
- (Sec. 7201) Requires the Director of the National Counterterrorism Center to submit to Congress a strategy for combining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility. 
 
Directs the Secretary, in conjunction with the Secretary of State, to submit to Congress a plan describing how the DHS and the Department of State (DOS) can acquire and deploy to all consulates, POEs, and immigration benefits offices technologies facilitating document authentication and the detection of potential terrorist indicators on travel documents.
 
Requires the Secretary, in coordination with the Secretary of State (as relevant to DOS personnel), to: (1) review and evaluate training programs regarding travel and identity documents, and techniques, patterns, and trends associated with terrorist travel provided to DHS and DOS personnel; and (2) implement related training and periodic retraining programs.
 
Directs the Secretary and the Secretary of State to individually submit annual reports on such training for their respective personnel.
 
Authorizes the Secretary to assist States, Indian tribes, local governments, and private organizations to establish training programs related to terrorist travel intelligence.
 
Requires the Director to increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel. Authorizes appropriations through FY 2009 for that purpose.
 
(Sec. 7202) Establishes a Human Smuggling and Trafficking Center, to be operated by the Secretary, the Secretary of State, and the Attorney General in accordance with their memorandum of understanding.
 
Requires the Center to: (1) serve as the focal point for interagency efforts to address terrorist travel; and (2) serve as a clearinghouse for Federal agency information in support of the U.S. strategy to prevent clandestine terrorist travel and the facilitation of migrant smuggling and trafficking of persons.
 
(Sec. 7203) Authorizes the Secretary of State to increase the number of consular officers by 150 per year through FY 2009.
 
Requires all immigrant and nonimmigrant visa applications to be reviewed and adjudicated by a consular officer (thus precluding the use of foreign nationals for visa screening). 
 
Amends the Enhanced Border Security and Visa Entry Reform Act of 2002 to require consular officer training in document fraud detection.
 
Directs the Secretary of State, in coordination with the Secretary, to: (1) conduct a survey of each diplomatic and consular post at which visas are issued to assess the extent to which fraudulent documents are presented by visa applicants; and (2) not later than July 31, 2005, identify the posts experiencing the highest levels of fraud and place in each such post at least one full-time anti-fraud specialist unless a DHS employee with sufficient training and experience is already stationed there.
 
(Sec. 7204) Directs the President to seek the implementation of effective international measures to: (1) share information on lost, stolen, and fraudulent passports and other travel documents; (2) establish and implement a real-time verification system for such documents; and (3) encourage criminalization of certain conduct that could aid terrorist travel. Requires the President to submit annual progress reports on such efforts.
 
(Sec. 7205) Expresses the sense of Congress that the President should seek to enter into an international agreement to modernize and improve standards for the translation of names into the Roman alphabet in order to ensure common spellings for international travel documents and name-based watchlist systems.
 
(Sec. 7206) Requires the selection of at least 50 airports that lack preinspection stations for the current program of assigning additional immigration officers to assist air carriers in detecting fraudulent documents. Authorizes related appropriations through FY 2007.
 
(Sec. 7207) Requires the Secretary of State, no later than October 26, 2006, to certify which of the countries designated to participate in the visa waiver program are developing a program to issue machine readable, tamper-resistant visa documents that incorporate biometric identifiers.
 
(Sec. 7208) Requires the Secretary to: (1) develop a plan to accelerate full implementation of an automated biometric entry and exit data system (entry-exit system); (2) integrate the entry-exit system with all databases and data systems maintained by specified Federal agencies that process or contain information on aliens (including components of the DHS); (3) establish procedures to ensure the accuracy and integrity of data in the entry-exit system, including procedures for individuals to seek correction of such data; and (4) implement a registered traveler program to expedite processing of travelers entering and exiting the United States, which shall be integrated with the entry-exit system. Requires the standardization of information and data collected from foreign nationals as well as the procedures used to collect such data.
 
(Sec. 7209) Directs the Secretary , in consultation with the Secretary of State, to implement by January 1, 2008, a plan to require biometric passports or other secure passports for all travel into the United States by U.S. citizens and by categories of individuals for whom documentation requirements were previously waived.
 
(Sec. 7210) Expresses the sense of Congress that the U.S. Government should: (1) exchange terrorist information with trusted allies; (2) move toward real-time verification of passports with issuing authorities; (3) where practicable, conduct passenger prescreening for flights destined for the United States; (4) work with other countries to ensure effective airport inspection regimes; and (5) work with other countries to improve passport standards.
 
Requires the Secretary and the Secretary of State to submit a report on Federal efforts to collaborate with U.S. allies in the exchange of terrorist information.
 
Amends the Immigration and Nationality Act to require the Secretary to establish preinspection stations in at least 25 additional foreign airports. Requires the Secretary and the Secretary of State to submit a progress report on implementation of this requirement.
 
(Sec. 7211) Requires the Secretary of Health and Human Services (HHS) to establish minimum standards for birth certificates for use by Federal agencies for official purposes. Prohibits Federal agencies from accepting nonconforming birth certificates beginning two years after promulgation of such standards. Requires States to certify compliance with such standards.
 
Directs the Secretary of HHS to award grants to States to assist them in conforming to the minimum standards for birth certificates and in developing the capacity to match birth and death records.
 
(Sec. 7212) Requires the Secretary of Transportation to establish minimum standards for driver's licenses or personal identification cards issued by States for use by Federal agencies for identification purposes, following a negotiated rulemaking process that includes State representatives. Prohibits Federal agencies from accepting nonconforming driver's licenses or personal identification cards issued by a State more than two years after promulgation of such standards. Requires States to certify compliance with such standards.
 
Requires the Secretary of Transportation to award grants to States to assist them in conforming to such standards.
 
(Sec. 7213) Requires the Commissioner of Social Security to: (1) issue regulations restricting the issuance of multiple replacement social security cards; (2) establish minimum standards for the verification of records supporting an application for an original social security card; and (3) add death and fraud indicators to the social security number verification system.
 
Directs the Commissioner to establish an interagency task force for the improvement of social security cards and numbers. Requires the task force to establish security requirements.
 
Requires the Commissioner to: (1) make and report on specified improvements to the enumeration at birth program for the issuance of social security numbers to newborns; and (2) study and report on the most efficient options for ensuring the integrity of the process for enumeration at birth.
 
(Sec. 7214) Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the display of social security numbers on driver's licenses, motor vehicle registrations, or personal identification cards or the inclusion of such numbers in a magnetic strip, bar code, or other means of communication on such documents.
 
(Sec. 7215) Requires the Secretary to establish a program to oversee the implementation of DHS responsibilities with respect to terrorist travel, including the analysis, coordination, and dissemination of terrorist travel intelligence and operational information to specified DHS components and with other appropriate Federal agencies.
 
(Sec. 7216) Amends the Federal criminal code to increase penalties for fraud and related activity in connection with identification documents and information if committed to facilitate international terrorism. 
 
(Sec. 7217) Directs the Secretary of State to study and report on the feasibility and benefits of establishing a system that provides border and visa issuance officials with real-time information on allegedly lost or stolen passports.
 
(Sec. 7218) Establishes a Visa and Passport Security Program within the DOS Bureau of Diplomatic Security.
 
(Sec. 7220) Requires the Secretary to propose minimum standards for identification documents required of domestic commercial airline passengers for boarding. States that such standards shall take effect when an approval resolution is passed by the House and Senate under specified procedures and becomes law.
 

Subtitle C: National Preparedness
 - (Sec. 7301) Expresses the sense of Congress supporting the adoption of a unified incident command system and the enhancement of communications connectivity between and among all levels of government and emergency response providers.
 
(Sec. 7302) Authorizes governmental entities in the National Capital Region (i.e., District of Columbia, Maryland, and Virginia) to enter into mutual aid agreements for emergency services in an emergency or public service event (e.g., undeclared emergency, presidential inauguration, public gatherings, etc.).
 
Limits the liability of first responders participating in mutual aid agreements.
 
(Sec. 7303) Directs the Secretary of Homeland Security to establish a program to enhance public safety interoperable communications at all levels of government. Authorizes the Secretary to establish an Office for Interoperability and Compatibility within the DHS Directorate of Science and Technology to carry out DHS programs relating to SAFECOM and other programs. 
 
Authorizes appropriations. 
 
Requires the Secretary to report to Congress on DHS plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications. 
 
Requires the President to coordinate cross-border interoperability issues between the United States, Mexico, and Canada.
 
Requires the Secretary to provide assistance to support the rapid establishment of consistent, secure, and effective interoperable communications capabilities in urban and high risk areas. 
 
Authorizes the Secretary to make multiyear grants, up to three years, for enhancing interoperable communications capabilities for emergency response providers. Limits the amount for such grants to $150 million in any fiscal year. Requires grant applicants to submit an Interoperable Communications Plan to the Secretary for approval.
 
Requires the Office for Domestic Preparedness in DHS to assist State and local governments and emergency response providers to acquire interoperable communication technology. 
 
Expresses the sense of Congress that interoperable emergency communications systems and radios should continue to be deployed for use by first responders, and that upgraded and new digital communications systems and new digital radios must meet prevailing standards for interoperability.
 
(Sec. 7304) Directs the Secretary to establish not fewer than two pilot projects in high threat urban areas or regions that are likely to implement a national model strategic plan to foster interagency communications and report to Congress on such pilot projects.
 
(Sec. 7305) Expresses the sense of Congress that DHS should promote adoption of voluntary national preparedness standards for the private sector.
 
(Sec. 7306) Requires the Secretary to report to Congress on the progress of DHS in completing vulnerability and risk assessments of the nation's critical infrastructure and the readiness of the U.S. Government to respond to threats. 
 
(Sec. 7307) Expresses the sense of Congress that the Secretary of Defense should regularly assess the adequacy of the U.S. Northern Command's plans and strategies.
 

Subtitle D: Homeland Security
 - (Sec. 7401) Expresses the sense of Congress that Congress must pass legislation in the first session of the 109th Congress to reform the system for distributing grants to enhance State and local government prevention of, preparedness for, and response to acts of terrorism. 
 
(Sec. 7402) Amends the Homeland Security Act of 2002 to include within the duties of the Special Assistant to the Secretary of Homeland Security: (1) the coordination of industry efforts to identify private sector resources and capabilities to supplement governmental efforts to prevent or respond to a terrorist attack; (2) the coordination with the Directorate of Border and Transportation Security and the Assistant Secretary for Trade Development of the Department of Commerce on issues related to the travel and tourism industries; and (3) consulting with the Office of State and Local Government Coordination and Preparedness on all matters of concern in the private sector, including the tourism industry. 
 
(Sec. 7403) Directs the Secretary, in coordination with the Chairman of the Federal Communications Commission (FCC), to study the feasibility of establishing an emergency telephonic alert notification system and to report to Congress on such study. 
 
(Sec. 7404) Directs the Secretary to conduct a pilot study for issuing public homeland security warnings using a system similar to the AMBER Alert communications network and to report to Congress on such study.
 
(Sec. 7405) Requires the Secretary to ensure that there is effective and ongoing coordination of Federal efforts to prevent, prepare for, and respond to acts of terrorism and other emergencies among the divisions of DHS.
 
(Sec. 7406) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of the Federal Emergency Management Agency (FEMA) to establish a program of emergency preparedness compacts for acts of terrorism, disasters, and emergencies.
 
(Sec. 7407) Establishes in DHS the Office of Counternarcotics Enforcement. Sets forth the responsibilities of the Director of such Office for the control and interdiction of illegal drugs and the reporting requirements of such Office. Authorizes appropriations. 
 
(Sec. 7408) Requires each subdivision of DHS that is a National Drug Control Program Agency to include in its employee performance appraisal system criteria relating to employee performance in the enforcement of narcotics laws. 
 

Subtitle E: Public Safety Spectrum
 - (Sec. 7501) Expresses the sense of Congress that Congress must pass legislation in the first session of the 109th Congress that establishes a comprehensive approach to the timely return of analog broadcast spectrum as early as December 31, 2006, to permit public safety entities to begin using that spectrum.
 
(Sec. 7502) Requires certain studies and reports to Congress on allocations of spectrum for emergency response providers and strategies to meet public safety telecommunications requirements.
 

Subtitle F: Presidential Transition
 - Requires outgoing executive branch officials to provide the President-elect with a detailed classified, compartmented summary of specific threats to national security as soon as possible after the date of the general election.
 
Expresses the sense of the Senate that the Senate should give expedited consideration to national security officials nominated by a President-elect.
 
Provides for expedited security clearance determinations for members of a President-elect's transition team.
 

Subtitle G: Improving International Standards and Cooperation to Fight Terrorist Financing
 - (Sec. 7701) Expresses the sense of Congress that the Secretary of the Treasury should continue to promote the dissemination of international anti-money laundering and terrorist financing standards and to press for full implementation of the Financial Action Task Force recommendations to curb global terrorist financing.
 
(Sec. 7703) Amends the International Financial Institutions Act to require the Secretary to work with the International Monetary Fund (IMF) to combat terrorist financing and to testify before Congress on the status of implementation of international anti-money laundering and counter-terrorist financing standards by the IMF and other multilateral agencies. 
 
(Sec. 7704) Directs the Secretary to continue to convene the interagency U.S. Government Financial Action Task Force working group to conduct annual reviews of anti-money laundering and counter-terrorist financing standards. 
 

Subtitle H: Emergency Financial Preparedness
 - (Sec. 7801) Permits the Secretary of the Treasury to delegate the duties of the Fiscal Assistant Secretary to an employee of the Department of Treasury (current law restricts such delegation to an officer of the Treasury Department). 
 
(Sec. 7802) Expresses the sense of Congress that the Secretary should educate consumers and employees of the financial services industry about domestic counterterrorist financing activities. Requires the Secretary to report to Congress on efforts to encourage a public-private partnership to protect critical financial infrastructure from terrorist attacks.
 
(Sec. 7803) Emergency Securities Response Act of 2004 - Amends the Securities Exchange Act of 1934 to expand the authority of the Securities and Exchange Commission (SEC) to issue orders or take other actions to protect investors and markets in emergency situations. Grants similar reciprocal authority to the Secretary of the Treasury in emergency situations.
 
Requires the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the SEC to submit to Congress a joint report by April 30, 2006, on the efforts of the private sector to implement the Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System. 
 
(Sec. 7804) Expresses the sense of Congress that the insurance industry and credit-rating agencies should consider a company's compliance with standards for private sector disaster and emergency preparedness in assessing insurability and creditworthiness. 
 

Title VIII: Other Matters - Subtitle A: Intelligence Matters
 - Requires the Director of National Intelligence to establish a formal relationship, including information sharing, between the elements of the intelligence community and the National Infrastructure Simulation and Analysis Center.
 

Subtitle B: Department of Homeland Security Matters - 
(Sec. 8201) Establishes the Office of Geospatial Management within the DHS Office of the Chief Information Officer to coordinate DHS geospatial information needs (e.g., maps, charts, remote sensing data, and aerial photography). Authorizes appropriations.
 

Subtitle C: Homeland Security Civil Rights and Civil Liberties Protection - 
Homeland Security Civil Rights and Civil Liberties Protection Act of 2004 - (Sec. 8302) Amends the Homeland Security Act of 2002 to requires DHS, as part of its agency mission, to ensure that the civil rights and civil liberties of persons are not diminished by the efforts, activities, and programs aimed at securing the homeland.
 
(Sec. 8303) Expands the duties of the Officer for Civil Rights and Civil Liberties in DHS to include compliance and investigative responsibilities.
 
(Sec. 8304) Directs the Inspector General of DHS to designate a senior official for the protection of civil rights and liberties against abuses by DHS employees and contractors.
 
(Sec. 8305) Requires the DHS Privacy Officer to coordinate with the Officer for Civil Rights and Liberties in implementing DHS privacy programs, policies, and procedures.
 
(Sec. 8306) Requires the Secretary to ensure that DHS complies with protections for human research subjects.
 

Subtitle D: Other Matters 
- (Sec. 8401) Amends the Clinger-Cohen Act to require increased security for information technology capital planning and investment control responsibilities.
 
(Sec. 8402) Requires the FBI to continually maintain and update an enterprise architecture. Defines &quot;enterprise architecture&quot; as a detailed outline or blueprint of the information technology of the FBI. Requires the Director of the FBI to report to the House and Senate Judiciary Committees on whether the major information technology investments of the FBI are in compliance with the agency's enterprise architecture. 
 
(Sec. 8403) Requires the Office of Government Ethics to submit to Congress a report evaluating the financial disclosure process for executive branch employees.
 
Requires the Office of Personnel Management to transmit to major party presidential nominees an electronic record on presidentially appointed positions.
 
Requires the head of each Federal agency to submit to the President and Congress a presidential appointment reduction plan.
 
Requires the Office of Government Ethics to conduct a comprehensive review of conflict of interest laws relating to executive branch employment and report to the President and Congress on such review.
 
(Sec. 8404) Amends the Aviation and Transportation Security Act to extend until November 19, 2005, provisions requiring air carriers to honor tickets issued by airlines that have suspended passenger service.


Legislative actions:
action_date: 2004-12-17
text: Became Public Law No: 108-458.
action_date: 2004-12-17
text: Became Public Law No: 108-458.
action_date: 2004-12-17
text: Signed by President.
action_date: 2004-12-17
text: Signed by President.
action_date: 2004-12-15
text: Presented to President.
action_date: 2004-12-15
text: Presented to President.
action_date: 2004-12-09
text: Message on Senate action sent to the House.
action_date: 2004-12-08
text: Senate agreed to conference report by Yea-Nay Vote. 89 - 2. Record Vote Number: 216.
action_date: 2004-12-08
text: Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 89 - 2. Record Vote Number: 216.
action_date: 2004-12-08
text: Conference report considered in Senate. (consideration: CR S11939-12010)
action_date: 2004-12-08
text: Conference papers: Senate report and manager's statement and message on House action held at the desk in Senate.
action_date: 2004-12-07
text: Motions to reconsider laid on the table Agreed to without objection.
action_date: 2004-12-07
text: On agreeing to the conference report Agreed to by recorded vote: 336 - 75 (Roll no. 544).
action_date: 2004-12-07
text: Conference report agreed to in House: On agreeing to the conference report Agreed to by recorded vote: 336 - 75 (Roll no. 544).
action_date: 2004-12-07
text: On motion to recommit to conference committee Failed by voice vote.
action_date: 2004-12-07
text: Mr. Hoyer moved to recommit to the conference committee.
action_date: 2004-12-07
text: The previous question was ordered without objection.
action_date: 2004-12-07
text: DEBATE - The House proceeded with one hour of debate on the conference report to accompany S. 2845.
action_date: 2004-12-07
text: Mr. Hoekstra brought up conference report H. Rept. 108-796 for consideration under the provisions of H. Res. 870. (consideration: CR H11003-11029)
action_date: 2004-12-07
text: Rule H. Res. 870 passed House.
action_date: 2004-12-07
text: Rules Committee Resolution H. Res. 870 Reported to House. Rule provides for consideration of the conference report to S. 2845. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read.
action_date: 2004-12-07
text: Conference report H. Rept. 108-796 filed. (text of conference report: CR H10930-10992)
action_date: 2004-12-07
text: Conference report filed: Conference report H. Rept. 108-796 filed.(text of conference report: CR H10930-10992)
action_date: 2004-10-16
text: Senate disagreed to House amendment, agreed to request for conference, and appointed conferees. Collins; Lott; DeWine; Roberts; Voinovich; Sununu; Coleman; Lieberman; Levin; Durbin; Rockefeller; Graham FL; Lautenberg. pursuant to the orders of October 10 and 11, 2004.
action_date: 2004-10-16
text: The Speaker appointed conferees: Hoekstra, Dreier, Hyde, Hunter, Sensenbrenner, Harman, Menendez, and Skelton.
action_date: 2004-10-16
text: House insisted on its amendment and asked for a conference pursuant to H. Res. 827.
action_date: 2004-10-16
text: Pursuant to the provisions of H. Res. 827, S. 2845 is considered passed House as amended.
action_date: 2004-10-16
text: Passed/agreed to in House: Pursuant to the provisions of H. Res. 827, S. 2845 is considered passed House as amended.
action_date: 2004-10-16
text: House is considered to have taken S. 2845 from the Speaker's table, stricken all after the enacting clause and inserted the text of H.R. 10 as passed by the House, pursuant to H. Res. 827.
action_date: 2004-10-16
text: Received in House pursuant to H. Res. 827.
action_date: 2004-10-16
text: Message on Senate action sent to the House.
action_date: 2004-10-09
text: Senate ordered measure printed as passed.
action_date: 2004-10-08
text: Measure amended in Senate by unanimous consent after passage by Unanimous Consent.
action_date: 2004-10-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-10-08
text: On motion that the House instruct conferees Failed by the Yeas and Nays: 169 - 229 (Roll No. 525).
action_date: 2004-10-08
text: POSTPONED VOTE - At the conclusion of debate on the Gutierrez motion to instruct conferees, the Chair put the question on adoption of the motion and by voice vote, announced that the noes had prevailed. Mr. Gutierrez demanded the yeas and nays and the Chair postponed further proceedings until later in the legislative day.
action_date: 2004-10-08
text: The previous question was ordered without objection. (consideration: CR H8986)
action_date: 2004-10-08
text: DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees. Instructions seek to instruct the managers on the part of the House at the conference on the disagreeing votes of the two Houses on the House amendment to the bill S. 2845 to recede from its amendment to the bill (particularly sections 3005, 3006, 3007, 3008, 3009, 3032, 3051, 3052, 3053, 3054, 3055, and 3056 of its amendment) and concur therein.
action_date: 2004-10-08
text: Mr. Gutierrez moved that the House instruct conferees. (consideration: CR H8978-8986, H8993; text: CR H8978)
action_date: 2004-10-07
text: Rules Committee Resolution H. Res. 827 Reported to House. Rule provides for consideration of H.R. 10 and S. 2845 with 3 hours and 40 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2004-10-06
text: Passed Senate with amendments by Yea-Nay. 96 - 2. Record Vote Number: 199.
action_date: 2004-10-06
text: Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay. 96 - 2. Record Vote Number: 199.
action_date: 2004-10-06
text: Considered by Senate. (consideration: CR S10476-10478, S10512-10543)
action_date: 2004-10-05
text: Cloture invoked in Senate by Yea-Nay Vote. 85 - 10. Record Vote Number: 197.
action_date: 2004-10-05
text: Considered by Senate. (consideration: CR S10384-10388, S10390-10400, S10400-10417)
action_date: 2004-10-04
text: Considered by Senate. (consideration: CR S10296-10358)
action_date: 2004-10-01
text: Cloture motion presented in Senate. (consideration: CR S10254)
action_date: 2004-10-01
text: Considered by Senate. (consideration: CR S10197-10254)
action_date: 2004-09-30
text: Considered by Senate. (consideration: CR S9997, S10000-10014, S10016-10017, S10021-10050)
action_date: 2004-09-29
text: Considered by Senate. (consideration: CR S9873-9897, S9901-9909, S9911-9916)
action_date: 2004-09-28
text: Considered by Senate. (consideration: CR S9778-9784, S9784-9788, S9789-9805)
action_date: 2004-09-27
text: Measure laid before Senate by unanimous consent. (consideration: CR S9700-9720, S9756-9759)
action_date: 2004-09-24
text: Introduced in the Senate. Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 716.
action_date: 2004-09-23
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2004-09-23
text: Introduced in Senate

Enacted as: number: 108-458