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pdfPUBLIC LAW 108–458—DEC. 17, 2004
INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004
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118 STAT. 3638
PUBLIC LAW 108–458—DEC. 17, 2004
Public Law 108–458
108th Congress
An Act
Dec. 17, 2004
[S. 2845]
Intelligence
Reform and
Terrorism
Prevention Act of
2004.
50 USC 401 note.
To reform the intelligence community and the intelligence and intelligence-related
activities of the United States Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence
Reform and Terrorism Prevention Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY
Sec. 1001. Short title.
Subtitle A—Establishment of Director of National Intelligence
Sec. 1011. Reorganization and improvement of management of intelligence community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of Director of National Intelligence in appointment of certain officials responsible for intelligence-related activities.
Sec. 1015. Executive Schedule matters.
Sec. 1016. Information sharing.
Sec. 1017. Alternative analysis of intelligence by the intelligence community.
Sec. 1018. Presidential guidelines on implementation and preservation of authorities.
Sec. 1019. Assignment of responsibilities relating to analytic integrity.
Sec. 1020. Safeguard of objectivity in intelligence analysis.
Subtitle B—National Counterterrorism Center, National Counter Proliferation
Center, and National Intelligence Centers
Sec. 1021. National Counterterrorism Center.
Sec. 1022. National Counter Proliferation Center.
Sec. 1023. National intelligence centers.
Subtitle C—Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D—Improvement of Education for the Intelligence Community
Sec. 1041. Additional education and training requirements.
Sec. 1042. Cross-disciplinary education and training.
Sec. 1043. Intelligence Community Scholarship Program.
Subtitle E—Additional Improvements of Intelligence Activities
Sec. 1051. Service and national laboratories and the intelligence community.
Sec. 1052. Open-source intelligence.
Sec. 1053. National Intelligence Reserve Corps.
Subtitle F—Privacy and Civil Liberties
Sec. 1061. Privacy and Civil Liberties Oversight Board.
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PUBLIC LAW 108–458—DEC. 17, 2004
118 STAT. 3639
Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.
Subtitle G—Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of Director of National Intelligence and Director of the Central Intelligence Agency.
Sec. 1072. Other conforming amendments.
Sec. 1073. Elements of intelligence community under National Security Act of 1947.
Sec. 1074. Redesignation of National Foreign Intelligence Program as National Intelligence Program.
Sec. 1075. Repeal of superseded authority.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service of the Director of the Central Intelligence Agency.
Sec. 1078. Authority to establish inspector general for the Office of the Director of
National Intelligence.
Sec. 1079. Ethics matters.
Sec. 1080. Construction of authority of Director of National Intelligence to acquire
and manage property and services.
Sec. 1081. General references.
Subtitle H—Transfer, Termination, Transition, and Other Provisions
1091. Transfer of Community Management Staff.
1092. Transfer of Terrorist Threat Integration Center.
1093. Termination of positions of Assistant Directors of Central Intelligence.
1094. Implementation plan.
1095. Director of National Intelligence report on implementation of intelligence
community reform.
Sec. 1096. Transitional authorities.
Sec. 1097. Effective dates.
Sec.
Sec.
Sec.
Sec.
Sec.
Subtitle I—Other Matters
Sec. 1101. Study of promotion and professional military education school selection
rates for military intelligence officers.
Sec. 1102. Extension and improvement of authorities of Public Interest Declassification Board.
Sec. 1103. Severability.
TITLE II—FEDERAL BUREAU OF INVESTIGATION
Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Investigation.
Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation.
Sec. 2003. Federal Bureau of Investigation intelligence career service.
Sec. 2004. Federal Bureau of Investigation Reserve Service.
Sec. 2005. Federal Bureau of Investigation mandatory separation age.
Sec. 2006. Federal Bureau of Investigation use of translators.
TITLE III—SECURITY CLEARANCES
Sec. 3001. Security clearances.
TITLE IV—TRANSPORTATION SECURITY
Subtitle A—National Strategy for Transportation Security
Sec. 4001. National Strategy for Transportation Security.
Subtitle B—Aviation Security
Sec. 4011. Provision for the use of biometric or other technology.
Sec. 4012. Advanced airline passenger prescreening.
Sec. 4013. Deployment and use of detection equipment at airport screening checkpoints.
Sec. 4014. Advanced airport checkpoint screening devices.
Sec. 4015. Improvement of screener job performance.
Sec. 4016. Federal air marshals.
Sec. 4017. International agreements to allow maximum deployment of Federal air
marshals.
Sec. 4018. Foreign air marshal training.
Sec. 4019. In-line checked baggage screening.
Sec. 4020. Checked baggage screening area monitoring.
Sec. 4021. Wireless communication.
Sec. 4022. Improved pilot licenses.
Sec. 4023. Aviation security staffing.
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118 STAT. 3640
PUBLIC LAW 108–458—DEC. 17, 2004
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
4024.
4025.
4026.
4027.
4028.
4029.
Improved explosive detection systems.
Prohibited items list.
Man-Portable Air Defense Systems (MANPADs).
Technical corrections.
Report on secondary flight deck barriers.
Extension of authorization of aviation security funding.
Subtitle C—Air Cargo Security
Sec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage containers.
Sec. 4052. Air cargo security.
Sec. 4053. Air cargo security regulations.
Sec. 4054. Report on international air cargo threats.
Subtitle D—Maritime Security
Sec. 4071. Watch lists for passengers aboard vessels.
Sec. 4072. Deadlines for completion of certain plans, reports, and assessments.
Subtitle E—General Provisions
Sec. 4081. Definitions.
Sec. 4082. Effective date.
TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Sec.
Sec.
Sec.
Sec.
Sec.
Subtitle A—Advanced Technology Northern Border Security Pilot Program
5101. Establishment.
5102. Program requirements.
5103. Administrative provisions.
5104. Report.
5105. Authorization of appropriations.
Subtitle B—Border and Immigration Enforcement
Sec. 5201. Border surveillance.
Sec. 5202. Increase in full-time Border Patrol agents.
Sec. 5203. Increase in full-time immigration and customs enforcement investigators.
Sec. 5204. Increase in detention bed space.
Sec.
Sec.
Sec.
Sec.
5301.
5302.
5303.
5304.
Subtitle C—Visa Requirements
In person interviews of visa applicants.
Visa application requirements.
Effective date.
Revocation of visas and other travel documentation.
Subtitle D—Immigration Reform
Sec. 5401. Bringing in and harboring certain aliens.
Sec. 5402. Deportation of aliens who have received military-type training from terrorist organizations.
Sec. 5403. Study and report on terrorists in the asylum system.
Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial
Killings, or Other Atrocities Abroad
Sec. 5501. Inadmissibility and deportability of aliens who have committed acts of
torture or extrajudicial killings abroad.
Sec. 5502. Inadmissibility and deportability of foreign government officials who
have committed particularly severe violations of religious freedom.
Sec. 5503. Waiver of inadmissibility.
Sec. 5504. Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severe violations of religious freedom.
Sec. 5505. Establishment of the Office of Special Investigations.
Sec. 5506. Report on implementation.
TITLE VI—TERRORISM PREVENTION
Subtitle A—Individual Terrorists as Agents of Foreign Powers
Sec. 6001. Individual terrorists as agents of foreign powers.
Sec. 6002. Additional semiannual reporting requirements under the Foreign Intelligence Surveillance Act of 1978.
Subtitle B—Money Laundering and Terrorist Financing
Sec. 6101. Additional authorization for finCEN.
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PUBLIC LAW 108–458—DEC. 17, 2004
118 STAT. 3641
Sec. 6102. Money laundering and financial crimes strategy reauthorization.
Subtitle C—Money Laundering Abatement and Financial Antiterrorism Technical
Corrections
Sec. 6201. Short title.
Sec. 6202. Technical corrections to Public Law 107–56.
Sec. 6203. Technical corrections to other provisions of law.
Sec. 6204. Repeal of review.
Sec. 6205. Effective date.
Subtitle D—Additional Enforcement Tools
Sec. 6301. Bureau of Engraving and Printing security printing.
Sec. 6302. Reporting of certain cross-border transmittal of funds.
Sec. 6303. Terrorism financing.
Subtitle E—Criminal History Background Checks
Sec. 6401. Protect Act.
Sec. 6402. Reviews of criminal records of applicants for private security officer employment.
Sec. 6403. Criminal history background checks.
Subtitle F—Grand Jury Information Sharing
Sec. 6501. Grand jury information sharing.
Sec.
Sec.
Sec.
Sec.
6601.
6602.
6603.
6604.
Subtitle G—Providing Material Support to Terrorism
Short title.
Receiving military-type training from a foreign terrorist organization.
Additions to offense of providing material support to terrorism.
Financing of terrorism.
Sec.
Sec.
Sec.
Sec.
6701.
6702.
6703.
6704.
Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004
Short title.
Hoaxes and recovery costs.
Obstruction of justice and false statements in terrorism cases.
Clarification of definition.
Subtitle
Sec. 6801.
Sec. 6802.
Sec. 6803.
I—Weapons of Mass Destruction Prohibition Improvement Act of 2004
Short title.
Weapons of mass destruction.
Participation in nuclear and weapons of mass destruction threats to the
United States.
Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004
Sec. 6901. Short title.
Sec. 6902. Findings and purpose.
Sec. 6903. Missile systems designed to destroy aircraft.
Sec. 6904. Atomic weapons.
Sec. 6905. Radiological dispersal devices.
Sec. 6906. Variola virus.
Sec. 6907. Interception of communications.
Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code.
Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United States Code.
Sec. 6910. Export licensing process.
Sec. 6911. Clerical amendments.
Subtitle K—Pretrial Detention of Terrorists
Sec. 6951. Short title.
Sec. 6952. Presumption for pretrial detention in cases involving terrorism.
TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
Sec. 7001. Short title.
Subtitle
Sec. 7101.
Sec. 7102.
Sec. 7103.
Sec. 7104.
Sec. 7105.
Sec. 7106.
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A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism
Findings.
Terrorist sanctuaries.
United States commitment to the future of Pakistan.
Assistance for Afghanistan.
The relationship between the United States and Saudi Arabia.
Efforts to combat Islamist terrorism.
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118 STAT. 3642
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
PUBLIC LAW 108–458—DEC. 17, 2004
7107.
7108.
7109.
7110.
7111.
7112.
Sec. 7113.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
7114.
7115.
7116.
7117.
7118.
7119.
7120.
7121.
7122.
Sec.
Sec.
Sec.
Sec.
7201.
7202.
7203.
7204.
United States policy toward dictatorships.
Promotion of free media and other American values.
Public diplomacy responsibilities of the Department of State.
Public diplomacy training.
Promoting democracy and human rights at international organizations.
Expansion of United States scholarship and exchange programs in the
Islamic world.
Pilot program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.
International Youth Opportunity Fund.
The use of economic policies to combat terrorism.
Middle East partnership initiative.
Comprehensive coalition strategy for fighting terrorism.
Financing of terrorism.
Designation of foreign terrorist organizations.
Report to Congress.
Case-Zablocki Act requirements.
Effective date.
Sec. 7219.
Sec. 7220.
Subtitle B—Terrorist Travel and Effective Screening
Counterterrorist travel intelligence.
Establishment of human smuggling and trafficking center.
Responsibilities and functions of consular officers.
International agreements to track and curtail terrorist travel through
the use of fraudulently obtained documents.
International standards for transliteration of names into the Roman alphabet for international travel documents and name-based watchlist
systems.
Immigration security initiative.
Certification regarding technology for visa waiver participants.
Biometric entry and exit data system.
Travel documents.
Exchange of terrorist information and increased preinspection at foreign
airports.
Minimum standards for birth certificates.
Driver’s licenses and personal identification cards.
Social security cards and numbers.
Prohibition of the display of social security account numbers on driver’s
licenses or motor vehicle registrations.
Terrorist travel program.
Increase in penalties for fraud and related activity.
Study on allegedly lost or stolen passports.
Establishment of visa and passport security program in the Department
of State.
Effective date.
Identification standards.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
7301.
7302.
7303.
7304.
7305.
7306.
7307.
7308.
Subtitle C—National Preparedness
The incident command system.
National capital region mutual aid.
Enhancement of public safety communications interoperability.
Regional model strategic plan pilot projects.
Private sector preparedness.
Critical infrastructure and readiness assessments.
Northern command and defense of the United States homeland.
Effective date.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
7401.
7402.
7403.
7404.
7405.
7406.
7407.
7408.
Sec. 7205.
Sec.
Sec.
Sec.
Sec.
Sec.
7206.
7207.
7208.
7209.
7210.
Sec.
Sec.
Sec.
Sec.
7211.
7212.
7213.
7214.
Sec.
Sec.
Sec.
Sec.
7215.
7216.
7217.
7218.
Subtitle D—Homeland Security
Sense of Congress on first responder funding.
Coordination of industry efforts.
Study regarding nationwide emergency notification system.
Pilot study to move warning systems into the modern digital age.
Required coordination.
Emergency preparedness compacts.
Responsibilities of counternarcotics office.
Use of counternarcotics enforcement activities in certain employee performance appraisals.
Subtitle E—Public Safety Spectrum
Sec. 7501. Digital television conversion deadline.
Sec. 7502. Studies on telecommunications capabilities and requirements.
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Subtitle F—Presidential Transition
Sec. 7601. Presidential transition.
Subtitle G—Improving International Standards and Cooperation to Fight Terrorist
Financing
Sec. 7701. Improving international standards and cooperation to fight terrorist financing.
Sec. 7702. Definitions.
Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the
Treasury.
Sec. 7704. Coordination of United States Government efforts.
Subtitle H—Emergency Financial Preparedness
Sec. 7801. Delegation authority of the Secretary of the Treasury.
Sec. 7802. Treasury support for financial services industry preparedness and response and consumer education.
Sec. 7803. Emergency Securities Response Act of 2004.
Sec. 7804. Private sector preparedness.
TITLE VIII—OTHER MATTERS
Subtitle A—Intelligence Matters
Sec. 8101. Intelligence community use of National Infrastructure Simulation and
Analysis Center.
Subtitle B—Department of Homeland Security Matters
Sec. 8201. Homeland security geospatial information.
Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection
Sec.
Sec.
Sec.
Sec.
8301.
8302.
8303.
8304.
Short title.
Mission of Department of Homeland Security.
Officer for Civil Rights and Civil Liberties.
Protection of civil rights and civil liberties by Office of Inspector General.
Sec. 8305. Privacy officer.
Sec. 8306. Protections for human research subjects of the Department of Homeland
Security.
Subtitle D—Other Matters
Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency planning for information security needs.
Sec. 8402. Enterprise architecture.
Sec. 8403. Financial disclosure and records.
Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended
air passenger service.
TITLE I—REFORM OF THE
INTELLIGENCE COMMUNITY
SEC. 1001. SHORT TITLE.
National Security
Intelligence
Reform Act of
2004.
50 USC 401 note.
This title may be cited as the ‘‘National Security Intelligence
Reform Act of 2004’’.
Subtitle A—Establishment of Director of
National Intelligence
SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT
OF INTELLIGENCE COMMUNITY.
(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by striking sections 102 through
104 and inserting the following new sections:
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PUBLIC LAW 108–458—DEC. 17, 2004
‘‘DIRECTOR
‘‘SEC. 102. (a) DIRECTOR OF NATIONAL INTELLIGENCE.—(1) There
is a Director of National Intelligence who shall be appointed by
the President, by and with the advice and consent of the Senate.
Any individual nominated for appointment as Director of National
Intelligence shall have extensive national security expertise.
‘‘(2) The Director of National Intelligence shall not be located
within the Executive Office of the President.
‘‘(b) PRINCIPAL RESPONSIBILITY.—Subject to the authority, direction, and control of the President, the Director of National Intelligence shall—
‘‘(1) serve as head of the intelligence community;
‘‘(2) act as the principal adviser to the President, to the
National Security Council, and the Homeland Security Council
for intelligence matters related to the national security; and
‘‘(3) consistent with section 1018 of the National Security
Intelligence Reform Act of 2004, oversee and direct the
implementation of the National Intelligence Program.
‘‘(c) PROHIBITION ON DUAL SERVICE.—The individual serving
in the position of Director of National Intelligence shall not, while
so serving, also serve as the Director of the Central Intelligence
Agency or as the head of any other element of the intelligence
community.
President.
Congress.
50 USC 403.
‘‘RESPONSIBILITIES
50 USC 403–1.
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OF NATIONAL INTELLIGENCE
AND AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
‘‘SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1) The Director
of National Intelligence shall be responsible for ensuring that
national intelligence is provided—
‘‘(A) to the President;
‘‘(B) to the heads of departments and agencies of the executive branch;
‘‘(C) to the Chairman of the Joint Chiefs of Staff and
senior military commanders;
‘‘(D) to the Senate and House of Representatives and the
committees thereof; and
‘‘(E) to such other persons as the Director of National
Intelligence determines to be appropriate.
‘‘(2) Such national intelligence should be timely, objective, independent of political considerations, and based upon all sources
available to the intelligence community and other appropriate entities.
‘‘(b) ACCESS TO INTELLIGENCE.—Unless otherwise directed by
the President, the Director of National Intelligence shall have access
to all national intelligence and intelligence related to the national
security which is collected by any Federal department, agency,
or other entity, except as otherwise provided by law or, as appropriate, under guidelines agreed upon by the Attorney General and
the Director of National Intelligence.
‘‘(c) BUDGET AUTHORITIES.—(1) With respect to budget requests
and appropriations for the National Intelligence Program, the
Director of National Intelligence shall—
‘‘(A) based on intelligence priorities set by the President,
provide to the heads of departments containing agencies or
organizations within the intelligence community, and to the
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118 STAT. 3645
heads of such agencies and organizations, guidance for developing the National Intelligence Program budget pertaining to
such agencies and organizations;
‘‘(B) based on budget proposals provided to the Director
of National Intelligence by the heads of agencies and organizations within the intelligence community and the heads of their
respective departments and, as appropriate, after obtaining
the advice of the Joint Intelligence Community Council, develop
and determine an annual consolidated National Intelligence
Program budget; and
‘‘(C) present such consolidated National Intelligence Program budget, together with any comments from the heads
of departments containing agencies or organizations within the
intelligence community, to the President for approval.
‘‘(2) In addition to the information provided under paragraph
(1)(B), the heads of agencies and organizations within the intelligence community shall provide the Director of National Intelligence such other information as the Director shall request for
the purpose of determining the annual consolidated National Intelligence Program budget under that paragraph.
‘‘(3)(A) The Director of National Intelligence shall participate
in the development by the Secretary of Defense of the annual
budgets for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities.
‘‘(B) The Director of National Intelligence shall provide guidance
for the development of the annual budget for each element of
the intelligence community that is not within the National Intelligence Program.
‘‘(4) The Director of National Intelligence shall ensure the effective execution of the annual budget for intelligence and intelligencerelated activities.
‘‘(5)(A) The Director of National Intelligence shall be responsible
for managing appropriations for the National Intelligence Program
by directing the allotment or allocation of such appropriations
through the heads of the departments containing agencies or
organizations within the intelligence community and the Director
of the Central Intelligence Agency, with prior notice (including
the provision of appropriate supporting information) to the head
of the department containing an agency or organization receiving
any such allocation or allotment or the Director of the Central
Intelligence Agency.
‘‘(B) Notwithstanding any other provision of law, pursuant to
relevant appropriations Acts for the National Intelligence Program,
the Director of the Office of Management and Budget shall exercise
the authority of the Director of the Office of Management and
Budget to apportion funds, at the exclusive direction of the Director
of National Intelligence, for allocation to the elements of the intelligence community through the relevant host executive departments
and the Central Intelligence Agency. Department comptrollers or
appropriate budget execution officers shall allot, allocate,
reprogram, or transfer funds appropriated for the National Intelligence Program in an expeditious manner.
‘‘(C) The Director of National Intelligence shall monitor the
implementation and execution of the National Intelligence Program
by the heads of the elements of the intelligence community that
manage programs and activities that are part of the National Intelligence Program, which may include audits and evaluations.
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Reports.
Deadlines.
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PUBLIC LAW 108–458—DEC. 17, 2004
‘‘(6) Apportionment and allotment of funds under this subsection shall be subject to chapter 13 and section 1517 of title
31, United States Code, and the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
‘‘(7)(A) The Director of National Intelligence shall provide a
semi-annual report, beginning April 1, 2005, and ending April 1,
2007, to the President and the Congress regarding implementation
of this section.
‘‘(B) The Director of National Intelligence shall report to the
President and the Congress not later than 15 days after learning
of any instance in which a departmental comptroller acts in a
manner inconsistent with the law (including permanent statutes,
authorization Acts, and appropriations Acts), or the direction of
the Director of National Intelligence, in carrying out the National
Intelligence Program.
‘‘(d) ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN
TRANSFER AND REPROGRAMMING OF FUNDS.—(1)(A) No funds made
available under the National Intelligence Program may be transferred or reprogrammed without the prior approval of the Director
of National Intelligence, except in accordance with procedures prescribed by the Director of National Intelligence.
‘‘(B) The Secretary of Defense shall consult with the Director
of National Intelligence before transferring or reprogramming funds
made available under the Joint Military Intelligence Program.
‘‘(2) Subject to the succeeding provisions of this subsection,
the Director of National Intelligence may transfer or reprogram
funds appropriated for a program within the National Intelligence
Program to another such program.
‘‘(3) The Director of National Intelligence may only transfer
or reprogram funds referred to in subparagraph (A)—
‘‘(A) with the approval of the Director of the Office of
Management and Budget; and
‘‘(B) after consultation with the heads of departments containing agencies or organizations within the intelligence
community to the extent such agencies or organizations are
affected, and, in the case of the Central Intelligence Agency,
after consultation with the Director of the Central Intelligence
Agency.
‘‘(4) The amounts available for transfer or reprogramming in
the National Intelligence Program in any given fiscal year, and
the terms and conditions governing such transfers and
reprogrammings, are subject to the provisions of annual appropriations Acts and this subsection.
‘‘(5)(A) A transfer or reprogramming of funds or personnel
may be made under this subsection only if—
‘‘(i) the funds are being transferred to an activity that
is a higher priority intelligence activity;
‘‘(ii) the transfer or reprogramming supports an emergent
need, improves program effectiveness, or increases efficiency;
‘‘(iii) the transfer or reprogramming does not involve a
transfer or reprogramming of funds to a Reserve for Contingencies of the Director of National Intelligence or the Reserve
for Contingencies of the Central Intelligence Agency;
‘‘(iv) the transfer or reprogramming results in a cumulative
transfer or reprogramming of funds out of any department
or agency, as appropriate, funded in the National Intelligence
Program in a single fiscal year—
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‘‘(I) that is less than $150,000,000, and
‘‘(II) that is less than 5 percent of amounts available
to a department or agency under the National Intelligence
Program; and
‘‘(v) the transfer or reprogramming does not terminate an
acquisition program.
‘‘(B) A transfer or reprogramming may be made without regard
to a limitation set forth in clause (iv) or (v) of subparagraph (A)
if the transfer has the concurrence of the head of the department
involved or the Director of the Central Intelligence Agency (in
the case of the Central Intelligence Agency). The authority to provide such concurrence may only be delegated by the head of the
department or agency involved to the deputy of such officer.
‘‘(6) Funds transferred or reprogrammed under this subsection
shall remain available for the same period as the appropriations
account to which transferred or reprogrammed.
‘‘(7) Any transfer or reprogramming of funds under this subsection shall be carried out in accordance with existing procedures
applicable to reprogramming notifications for the appropriate
congressional committees. Any proposed transfer or reprogramming
for which notice is given to the appropriate congressional committees shall be accompanied by a report explaining the nature of
the proposed transfer or reprogramming and how it satisfies the
requirements of this subsection. In addition, the congressional intelligence committees shall be promptly notified of any transfer or
reprogramming of funds made pursuant to this subsection in any
case in which the transfer or reprogramming would not have otherwise required reprogramming notification under procedures in effect
as of the date of the enactment of this subsection.
‘‘(e) TRANSFER OF PERSONNEL.—(1)(A) In addition to any other
authorities available under law for such purposes, in the first
twelve months after establishment of a new national intelligence
center, the Director of National Intelligence, with the approval
of the Director of the Office of Management and Budget and in
consultation with the congressional committees of jurisdiction
referred to in subparagraph (B), may transfer not more than 100
personnel authorized for elements of the intelligence community
to such center.
‘‘(B) The Director of National Intelligence shall promptly provide notice of any transfer of personnel made pursuant to this
paragraph to—
‘‘(i) the congressional intelligence committees;
‘‘(ii) the Committees on Appropriations of the Senate and
the House of Representatives;
‘‘(iii) in the case of the transfer of personnel to or from
the Department of Defense, the Committees on Armed Services
of the Senate and the House of Representatives; and
‘‘(iv) in the case of the transfer of personnel to or from
the Department of Justice, to the Committees on the Judiciary
of the Senate and the House of Representatives.
‘‘(C) The Director shall include in any notice under subparagraph (B) an explanation of the nature of the transfer and how
it satisfies the requirements of this subsection.
‘‘(2)(A) The Director of National Intelligence, with the approval
of the Director of the Office of Management and Budget and in
accordance with procedures to be developed by the Director of
National Intelligence and the heads of the departments and agencies
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Notice.
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concerned, may transfer personnel authorized for an element of
the intelligence community to another such element for a period
of not more than 2 years.
‘‘(B) A transfer of personnel may be made under this paragraph
only if—
‘‘(i) the personnel are being transferred to an activity that
is a higher priority intelligence activity; and
‘‘(ii) the transfer supports an emergent need, improves
program effectiveness, or increases efficiency.
‘‘(C) The Director of National Intelligence shall promptly provide notice of any transfer of personnel made pursuant to this
paragraph to—
‘‘(i) the congressional intelligence committees;
‘‘(ii) in the case of the transfer of personnel to or from
the Department of Defense, the Committees on Armed Services
of the Senate and the House of Representatives; and
‘‘(iii) in the case of the transfer of personnel to or from
the Department of Justice, to the Committees on the Judiciary
of the Senate and the House of Representatives.
‘‘(D) The Director shall include in any notice under subparagraph (C) an explanation of the nature of the transfer and how
it satisfies the requirements of this paragraph.
‘‘(3) It is the sense of Congress that—
‘‘(A) the nature of the national security threats facing the
United States will continue to challenge the intelligence
community to respond rapidly and flexibly to bring analytic
resources to bear against emerging and unforeseen requirements;
‘‘(B) both the Office of the Director of National Intelligence
and any analytic centers determined to be necessary should
be fully and properly supported with appropriate levels of personnel resources and that the President’s yearly budget
requests adequately support those needs; and
‘‘(C) the President should utilize all legal and administrative discretion to ensure that the Director of National Intelligence and all other elements of the intelligence community
have the necessary resources and procedures to respond
promptly and effectively to emerging and unforeseen national
security challenges.
‘‘(f) TASKING AND OTHER AUTHORITIES.—(1)(A) The Director
of National Intelligence shall—
‘‘(i) establish objectives, priorities, and guidance for the
intelligence community to ensure timely and effective collection,
processing, analysis, and dissemination (including access by
users to collected data consistent with applicable law and,
as appropriate, the guidelines referred to in subsection (b)
and analytic products generated by or within the intelligence
community) of national intelligence;
‘‘(ii) determine requirements and priorities for, and manage
and direct the tasking of, collection, analysis, production, and
dissemination of national intelligence by elements of the intelligence community, including—
‘‘(I) approving requirements (including those requirements responding to needs provided by consumers) for
collection and analysis; and
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‘‘(II) resolving conflicts in collection requirements and
in the tasking of national collection assets of the elements
of the intelligence community; and
‘‘(iii) provide advisory tasking to intelligence elements of
those agencies and departments not within the National Intelligence Program.
‘‘(B) The authority of the Director of National Intelligence under
subparagraph (A) shall not apply—
‘‘(i) insofar as the President so directs;
‘‘(ii) with respect to clause (ii) of subparagraph (A), insofar
as the Secretary of Defense exercises tasking authority under
plans or arrangements agreed upon by the Secretary of Defense
and the Director of National Intelligence; or
‘‘(iii) to the direct dissemination of information to State
government and local government officials and private sector
entities pursuant to sections 201 and 892 of the Homeland
Security Act of 2002 (6 U.S.C. 121, 482).
‘‘(2) The Director of National Intelligence shall oversee the
National Counterterrorism Center and may establish such other
national intelligence centers as the Director determines necessary.
‘‘(3)(A) The Director of National Intelligence shall prescribe,
in consultation with the heads of other agencies or elements of
the intelligence community, and the heads of their respective
departments, personnel policies and programs applicable to the
intelligence community that—
‘‘(i) encourage and facilitate assignments and details of
personnel to national intelligence centers, and between elements of the intelligence community;
‘‘(ii) set standards for education, training, and career
development of personnel of the intelligence community;
‘‘(iii) encourage and facilitate the recruitment and retention
by the intelligence community of highly qualified individuals
for the effective conduct of intelligence activities;
‘‘(iv) ensure that the personnel of the intelligence community are sufficiently diverse for purposes of the collection and
analysis of intelligence through the recruitment and training
of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds;
‘‘(v) make service in more than one element of the intelligence community a condition of promotion to such positions
within the intelligence community as the Director shall specify;
and
‘‘(vi) ensure the effective management of intelligence
community personnel who are responsible for intelligence
community-wide matters.
‘‘(B) Policies prescribed under subparagraph (A) shall not be
inconsistent with the personnel policies otherwise applicable to
members of the uniformed services.
‘‘(4) The Director of National Intelligence shall ensure compliance with the Constitution and laws of the United States by the
Central Intelligence Agency and shall ensure such compliance by
other elements of the intelligence community through the host
executive departments that manage the programs and activities
that are part of the National Intelligence Program.
‘‘(5) The Director of National Intelligence shall ensure the elimination of waste and unnecessary duplication within the intelligence
community.
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Procedures.
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‘‘(6) The Director of National Intelligence shall establish
requirements and priorities for foreign intelligence information to
be collected under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.), and provide assistance to the Attorney
General to ensure that information derived from electronic surveillance or physical searches under that Act is disseminated so it
may be used efficiently and effectively for national intelligence
purposes, except that the Director shall have no authority to direct
or undertake electronic surveillance or physical search operations
pursuant to that Act unless authorized by statute or Executive
order.
‘‘(7) The Director of National Intelligence shall perform such
other functions as the President may direct.
‘‘(8) Nothing in this title shall be construed as affecting the
role of the Department of Justice or the Attorney General under
the Foreign Intelligence Surveillance Act of 1978.
‘‘(g) INTELLIGENCE INFORMATION SHARING.—(1) The Director
of National Intelligence shall have principal authority to ensure
maximum availability of and access to intelligence information
within the intelligence community consistent with national security
requirements. The Director of National Intelligence shall—
‘‘(A) establish uniform security standards and procedures;
‘‘(B) establish common information technology standards,
protocols, and interfaces;
‘‘(C) ensure development of information technology systems
that include multi-level security and intelligence integration
capabilities;
‘‘(D) establish policies and procedures to resolve conflicts
between the need to share intelligence information and the
need to protect intelligence sources and methods;
‘‘(E) develop an enterprise architecture for the intelligence
community and ensure that elements of the intelligence community comply with such architecture; and
‘‘(F) have procurement approval authority over all enterprise architecture-related information technology items funded
in the National Intelligence Program.
‘‘(2) The President shall ensure that the Director of National
Intelligence has all necessary support and authorities to fully and
effectively implement paragraph (1).
‘‘(3) Except as otherwise directed by the President or with
the specific written agreement of the head of the department or
agency in question, a Federal agency or official shall not be considered to have met any obligation to provide any information, report,
assessment, or other material (including unevaluated intelligence
information) to that department or agency solely by virtue of having
provided that information, report, assessment, or other material
to the Director of National Intelligence or the National
Counterterrorism Center.
‘‘(4) Not later than February 1 of each year, the Director of
National Intelligence shall submit to the President and to the
Congress an annual report that identifies any statute, regulation,
policy, or practice that the Director believes impedes the ability
of the Director to fully and effectively implement paragraph (1).
‘‘(h) ANALYSIS.—To ensure the most accurate analysis of intelligence is derived from all sources to support national security
needs, the Director of National Intelligence shall—
‘‘(1) implement policies and procedures—
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‘‘(A) to encourage sound analytic methods and
tradecraft throughout the elements of the intelligence
community;
‘‘(B) to ensure that analysis is based upon all sources
available; and
‘‘(C) to ensure that the elements of the intelligence
community regularly conduct competitive analysis of analytic products, whether such products are produced by or
disseminated to such elements;
‘‘(2) ensure that resource allocation for intelligence analysis
is appropriately proportional to resource allocation for intelligence collection systems and operations in order to maximize
analysis of all collected data;
‘‘(3) ensure that differences in analytic judgment are fully
considered and brought to the attention of policymakers; and
‘‘(4) ensure that sufficient relationships are established
between intelligence collectors and analysts to facilitate greater
understanding of the needs of analysts.
‘‘(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS.—
(1) The Director of National Intelligence shall protect intelligence
sources and methods from unauthorized disclosure.
‘‘(2) Consistent with paragraph (1), in order to maximize the
dissemination of intelligence, the Director of National Intelligence
shall establish and implement guidelines for the intelligence
community for the following purposes:
‘‘(A) Classification of information under applicable law,
Executive orders, or other Presidential directives.
‘‘(B) Access to and dissemination of intelligence, both in
final form and in the form when initially gathered.
‘‘(C) Preparation of intelligence products in such a way
that source information is removed to allow for dissemination
at the lowest level of classification possible or in unclassified
form to the extent practicable.
‘‘(3) The Director may only delegate a duty or authority given
the Director under this subsection to the Principal Deputy Director
of National Intelligence.
‘‘(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED
INFORMATION.—The Director of National Intelligence, subject to
the direction of the President, shall—
‘‘(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to any
officer or employee of any agency or department of the United
States and to employees of contractors of those agencies or
departments;
‘‘(2) ensure the consistent implementation of those standards and procedures throughout such agencies and departments;
‘‘(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by those agencies; and
‘‘(4) ensure that the process for investigation and adjudication of an application for access to sensitive compartmented
information is performed in the most expeditious manner possible consistent with applicable standards for national security.
‘‘(k) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the
direction of the President and in a manner consistent with section
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207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director
of National Intelligence shall oversee the coordination of the relationships between elements of the intelligence community and the
intelligence or security services of foreign governments or international organizations on all matters involving intelligence related
to the national security or involving intelligence acquired through
clandestine means.
‘‘(l) ENHANCED PERSONNEL MANAGEMENT.—(1)(A) The Director
of National Intelligence shall, under regulations prescribed by the
Director, provide incentives for personnel of elements of the intelligence community to serve—
‘‘(i) on the staff of the Director of National Intelligence;
‘‘(ii) on the staff of the national intelligence centers;
‘‘(iii) on the staff of the National Counterterrorism Center;
and
‘‘(iv) in other positions in support of the intelligence community management functions of the Director.
‘‘(B) Incentives under subparagraph (A) may include financial
incentives, bonuses, and such other awards and incentives as the
Director considers appropriate.
‘‘(2)(A) Notwithstanding any other provision of law, the personnel of an element of the intelligence community who are assigned
or detailed under paragraph (1)(A) to service under the Director
of National Intelligence shall be promoted at rates equivalent to
or better than personnel of such element who are not so assigned
or detailed.
‘‘(B) The Director may prescribe regulations to carry out this
section.
‘‘(3)(A) The Director of National Intelligence shall prescribe
mechanisms to facilitate the rotation of personnel of the intelligence
community through various elements of the intelligence community
in the course of their careers in order to facilitate the widest
possible understanding by such personnel of the variety of intelligence requirements, methods, users, and capabilities.
‘‘(B) The mechanisms prescribed under subparagraph (A) may
include the following:
‘‘(i) The establishment of special occupational categories
involving service, over the course of a career, in more than
one element of the intelligence community.
‘‘(ii) The provision of rewards for service in positions undertaking analysis and planning of operations involving two or
more elements of the intelligence community.
‘‘(iii) The establishment of requirements for education,
training, service, and evaluation for service involving more
than one element of the intelligence community.
‘‘(C) It is the sense of Congress that the mechanisms prescribed
under this subsection should, to the extent practical, seek to duplicate for civilian personnel within the intelligence community the
joint officer management policies established by chapter 38 of title
10, United States Code, and the other amendments made by title
IV of the Goldwater-Nichols Department of Defense Reorganization
Act of 1986 (Public Law 99–433).
‘‘(4)(A) Except as provided in subparagraph (B) and subparagraph (D), this subsection shall not apply with respect to personnel
of the elements of the intelligence community who are members
of the uniformed services.
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‘‘(B) Mechanisms that establish requirements for education and
training pursuant to paragraph (3)(B)(iii) may apply with respect
to members of the uniformed services who are assigned to an
element of the intelligence community funded through the National
Intelligence Program, but such mechanisms shall not be inconsistent
with personnel policies and education and training requirements
otherwise applicable to members of the uniformed services.
‘‘(C) The personnel policies and programs developed and implemented under this subsection with respect to law enforcement officers (as that term is defined in section 5541(3) of title 5, United
States Code) shall not affect the ability of law enforcement entities
to conduct operations or, through the applicable chain of command,
to control the activities of such law enforcement officers.
‘‘(D) Assignment to the Office of the Director of National Intelligence of commissioned officers of the Armed Forces shall be considered a joint-duty assignment for purposes of the joint officer
management policies prescribed by chapter 38 of title 10, United
States Code, and other provisions of that title.
‘‘(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL.—
(1) In addition to the authorities under subsection (f)(3), the Director
of National Intelligence may exercise with respect to the personnel
of the Office of the Director of National Intelligence any authority
of the Director of the Central Intelligence Agency with respect
to the personnel of the Central Intelligence Agency under the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and
other applicable provisions of law, as of the date of the enactment
of this subsection to the same extent, and subject to the same
conditions and limitations, that the Director of the Central Intelligence Agency may exercise such authority with respect to personnel of the Central Intelligence Agency.
‘‘(2) Employees and applicants for employment of the Office
of the Director of National Intelligence shall have the same rights
and protections under the Office of the Director of National Intelligence as employees of the Central Intelligence Agency have under
the Central Intelligence Agency Act of 1949, and other applicable
provisions of law, as of the date of the enactment of this subsection.
‘‘(n) ACQUISITION AUTHORITIES.—(1) In carrying out the responsibilities and authorities under this section, the Director of National
Intelligence may exercise the acquisition and appropriations
authorities referred to in the Central Intelligence Agency Act of
1949 (50 U.S.C. 403a et seq.) other than the authorities referred
to in section 8(b) of that Act (50 U.S.C. 403j(b)).
‘‘(2) For the purpose of the exercise of any authority referred
to in paragraph (1), a reference to the head of an agency shall
be deemed to be a reference to the Director of National Intelligence
or the Principal Deputy Director of National Intelligence.
‘‘(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency
may be made with respect to individual purchases and contracts
or with respect to classes of purchases or contracts, and shall
be final.
‘‘(B) Except as provided in subparagraph (C), the Director of
National Intelligence or the Principal Deputy Director of National
Intelligence may, in such official’s discretion, delegate to any officer
or other official of the Office of the Director of National Intelligence
any authority to make a determination or decision as the head
of the agency under an authority referred to in paragraph (1).
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Reports.
President.
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‘‘(C) The limitations and conditions set forth in section 3(d)
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d))
shall apply to the exercise by the Director of National Intelligence
of an authority referred to in paragraph (1).
‘‘(D) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the Central
Intelligence Agency Act of 1949 shall be based upon written findings
made by the official making such determination or decision, which
findings shall be final and shall be available within the Office
of the Director of National Intelligence for a period of at least
six years following the date of such determination or decision.
‘‘(o) CONSIDERATION OF VIEWS OF ELEMENTS OF INTELLIGENCE
COMMUNITY.—In carrying out the duties and responsibilities under
this section, the Director of National Intelligence shall take into
account the views of a head of a department containing an element
of the intelligence community and of the Director of the Central
Intelligence Agency.
‘‘(p) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE
REGARDING NATIONAL INTELLIGENCE PROGRAM BUDGET CONCERNING THE DEPARTMENT OF DEFENSE.—Subject to the direction
of the President, the Director of National Intelligence shall, after
consultation with the Secretary of Defense, ensure that the National
Intelligence Program budgets for the elements of the intelligence
community that are within the Department of Defense are adequate
to satisfy the national intelligence needs of the Department of
Defense, including the needs of the Chairman of the Joint Chiefs
of Staff and the commanders of the unified and specified commands,
and wherever such elements are performing Government-wide functions, the needs of other Federal departments and agencies.
‘‘(q) ACQUISITIONS OF MAJOR SYSTEMS.—(1) For each intelligence program within the National Intelligence Program for the
acquisition of a major system, the Director of National Intelligence
shall—
‘‘(A) require the development and implementation of a program management plan that includes cost, schedule, and
performance goals and program milestone criteria, except that
with respect to Department of Defense programs the Director
shall consult with the Secretary of Defense;
‘‘(B) serve as exclusive milestone decision authority, except
that with respect to Department of Defense programs the
Director shall serve as milestone decision authority jointly with
the Secretary of Defense or the designee of the Secretary;
and
‘‘(C) periodically—
‘‘(i) review and assess the progress made toward the
achievement of the goals and milestones established in
such plan; and
‘‘(ii) submit to Congress a report on the results of
such review and assessment.
‘‘(2) If the Director of National Intelligence and the Secretary
of Defense are unable to reach an agreement on a milestone decision
under paragraph (1)(B), the President shall resolve the conflict.
‘‘(3) Nothing in this subsection may be construed to limit the
authority of the Director of National Intelligence to delegate to
any other official any authority to perform the responsibilities of
the Director under this subsection.
‘‘(4) In this subsection:
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‘‘(A) The term ‘intelligence program’, with respect to the
acquisition of a major system, means a program that—
‘‘(i) is carried out to acquire such major system for
an element of the intelligence community; and
‘‘(ii) is funded in whole out of amounts available for
the National Intelligence Program.
‘‘(B) The term ‘major system’ has the meaning given such
term in section 4(9) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 403(9)).
‘‘(r) PERFORMANCE OF COMMON SERVICES.—The Director of
National Intelligence shall, in consultation with the heads of departments and agencies of the United States Government containing
elements within the intelligence community and with the Director
of the Central Intelligence Agency, coordinate the performance by
the elements of the intelligence community within the National
Intelligence Program of such services as are of common concern
to the intelligence community, which services the Director of
National Intelligence determines can be more efficiently accomplished in a consolidated manner.
‘‘OFFICE
OF THE DIRECTOR OF NATIONAL INTELLIGENCE
‘‘SEC. 103. (a) OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.—There is an Office of the Director of National Intelligence.
‘‘(b) FUNCTION.—The function of the Office of the Director of
Establishment.
50 USC 403–3.
National Intelligence is to assist the Director of National Intelligence in carrying out the duties and responsibilities of the Director
under this Act, the National Security Act of 1947 (50 U.S.C. 401
et seq.), and other applicable provisions of law, and to carry out
such other duties as may be prescribed by the President or by
law.
‘‘(c) COMPOSITION.—The Office of the Director of National Intelligence is composed of the following:
‘‘(1) The Director of National Intelligence.
‘‘(2) The Principal Deputy Director of National Intelligence.
‘‘(3) Any Deputy Director of National Intelligence appointed
under section 103A.
‘‘(4) The National Intelligence Council.
‘‘(5) The General Counsel.
‘‘(6) The Civil Liberties Protection Officer.
‘‘(7) The Director of Science and Technology.
‘‘(8) The National Counterintelligence Executive (including
the Office of the National Counterintelligence Executive).
‘‘(9) Such other offices and officials as may be established
by law or the Director may establish or designate in the Office,
including national intelligence centers.
‘‘(d) STAFF.—(1) To assist the Director of National Intelligence
in fulfilling the duties and responsibilities of the Director, the
Director shall employ and utilize in the Office of the Director
of National Intelligence a professional staff having an expertise
in matters relating to such duties and responsibilities, and may
establish permanent positions and appropriate rates of pay with
respect to that staff.
‘‘(2) The staff of the Office of the Director of National Intelligence under paragraph (1) shall include the staff of the Office
of the Deputy Director of Central Intelligence for Community
Management that is transferred to the Office of the Director of
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Effective date.
PUBLIC LAW 108–458—DEC. 17, 2004
National Intelligence under section 1091 of the National Security
Intelligence Reform Act of 2004.
‘‘(e) LIMITATION ON CO-LOCATION WITH OTHER ELEMENTS OF
INTELLIGENCE COMMUNITY.—Commencing as of October 1, 2008,
the Office of the Director of National Intelligence may not be
co-located with any other element of the intelligence community.
‘‘DEPUTY
President.
Congress.
50 USC 403–3a.
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DIRECTORS OF NATIONAL INTELLIGENCE
‘‘SEC. 103A. (a) PRINCIPAL DEPUTY DIRECTOR OF NATIONAL
INTELLIGENCE.—(1) There is a Principal Deputy Director of National
Intelligence who shall be appointed by the President, by and with
the advice and consent of the Senate.
‘‘(2) In the event of a vacancy in the position of Principal
Deputy Director of National Intelligence, the Director of National
Intelligence shall recommend to the President an individual for
appointment as Principal Deputy Director of National Intelligence.
‘‘(3) Any individual nominated for appointment as Principal
Deputy Director of National Intelligence shall have extensive
national security experience and management expertise.
‘‘(4) The individual serving as Principal Deputy Director of
National Intelligence shall not, while so serving, serve in any
capacity in any other element of the intelligence community.
‘‘(5) The Principal Deputy Director of National Intelligence
shall assist the Director of National Intelligence in carrying out
the duties and responsibilities of the Director.
‘‘(6) The Principal Deputy Director of National Intelligence
shall act for, and exercise the powers of, the Director of National
Intelligence during the absence or disability of the Director of
National Intelligence or during a vacancy in the position of Director
of National Intelligence.
‘‘(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE.—(1) There
may be not more than four Deputy Directors of National Intelligence
who shall be appointed by the Director of National Intelligence.
‘‘(2) Each Deputy Director of National Intelligence appointed
under this subsection shall have such duties, responsibilities, and
authorities as the Director of National Intelligence may assign
or are specified by law.
‘‘(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE
AND PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE.—
(1) Not more than one of the individuals serving in the positions
specified in paragraph (2) may be a commissioned officer of the
Armed Forces in active status.
‘‘(2) The positions referred to in this paragraph are the following:
‘‘(A) The Director of National Intelligence.
‘‘(B) The Principal Deputy Director of National Intelligence.
‘‘(3) It is the sense of Congress that, under ordinary circumstances, it is desirable that one of the individuals serving in
the positions specified in paragraph (2)—
‘‘(A) be a commissioned officer of the Armed Forces, in
active status; or
‘‘(B) have, by training or experience, an appreciation of
military intelligence activities and requirements.
‘‘(4) A commissioned officer of the Armed Forces, while serving
in a position specified in paragraph (2)—
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‘‘(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the Department of Defense;
‘‘(B) shall not exercise, by reason of the officer’s status
as a commissioned officer, any supervision or control with
respect to any of the military or civilian personnel of the
Department of Defense except as otherwise authorized by law;
and
‘‘(C) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such
officer authorized for the military department of that officer.
‘‘(5) Except as provided in subparagraph (A) or (B) of paragraph
(4), the appointment of an officer of the Armed Forces to a position
specified in paragraph (2) shall not affect the status, position,
rank, or grade of such officer in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising
out of such status, position, rank, or grade.
‘‘(6) A commissioned officer of the Armed Forces on active
duty who is appointed to a position specified in paragraph (2),
while serving in such position and while remaining on active duty,
shall continue to receive military pay and allowances and shall
not receive the pay prescribed for such position. Funds from which
such pay and allowances are paid shall be reimbursed from funds
available to the Director of National Intelligence.
‘‘NATIONAL
INTELLIGENCE COUNCIL
‘‘SEC. 103B. (a) NATIONAL INTELLIGENCE COUNCIL.—There is
a National Intelligence Council.
‘‘(b) COMPOSITION.—(1) The National Intelligence Council shall
be composed of senior analysts within the intelligence community
and substantive experts from the public and private sector, who
shall be appointed by, report to, and serve at the pleasure of,
the Director of National Intelligence.
‘‘(2) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition
of service on the Council, or as contractors of the Council or
employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible,
unduly intrusive requirements which the Director considers to be
unnecessary for this purpose.
‘‘(c) DUTIES AND RESPONSIBILITIES.—(1) The National Intelligence Council shall—
‘‘(A) produce national intelligence estimates for the United
States Government, including alternative views held by elements of the intelligence community and other information
as specified in paragraph (2);
‘‘(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the requirements and resources of such collection and production; and
‘‘(C) otherwise assist the Director of National Intelligence
in carrying out the responsibilities of the Director under section
102A.
‘‘(2) The Director of National Intelligence shall ensure that
the Council satisfies the needs of policymakers and other consumers
of intelligence.
‘‘(d) SERVICE AS SENIOR INTELLIGENCE ADVISERS.—Within their
respective areas of expertise and under the direction of the Director
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Establishment.
50 USC 403–3b.
Requirements.
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of National Intelligence, the members of the National Intelligence
Council shall constitute the senior intelligence advisers of the intelligence community for purposes of representing the views of the
intelligence community within the United States Government.
‘‘(e) AUTHORITY TO CONTRACT.—Subject to the direction and
control of the Director of National Intelligence, the National Intelligence Council may carry out its responsibilities under this section
by contract, including contracts for substantive experts necessary
to assist the Council with particular assessments under this section.
‘‘(f) STAFF.—The Director of National Intelligence shall make
available to the National Intelligence Council such staff as may
be necessary to permit the Council to carry out its responsibilities
under this section.
‘‘(g) AVAILABILITY OF COUNCIL AND STAFF.—(1) The Director
of National Intelligence shall take appropriate measures to ensure
that the National Intelligence Council and its staff satisfy the
needs of policymaking officials and other consumers of intelligence.
‘‘(2) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise associated
with the intelligence community.
‘‘(h) SUPPORT.—The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to the
National Intelligence Council, including the preparation of intelligence analyses, as may be required by the Director of National
Intelligence.
‘‘(i) NATIONAL INTELLIGENCE COUNCIL PRODUCT.—For purposes
of this section, the term ‘National Intelligence Council product’
includes a National Intelligence Estimate and any other intelligence
community assessment that sets forth the judgment of the intelligence community as a whole on a matter covered by such product.
‘‘GENERAL
President.
Congress.
50 USC 403–3c.
‘‘SEC. 103C. (a) GENERAL COUNSEL.—There is a General
Counsel of the Office of the Director of National Intelligence who
shall be appointed by the President, by and with the advice and
consent of the Senate.
‘‘(b) PROHIBITION ON DUAL SERVICE AS GENERAL COUNSEL OF
ANOTHER AGENCY.—The individual serving in the position of General Counsel may not, while so serving, also serve as the General
Counsel of any other department, agency, or element of the United
States Government.
‘‘(c) SCOPE OF POSITION.—The General Counsel is the chief
legal officer of the Office of the Director of National Intelligence.
‘‘(d) FUNCTIONS.—The General Counsel shall perform such functions as the Director of National Intelligence may prescribe.
‘‘CIVIL
Government
organization.
50 USC 403–3d.
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COUNSEL
LIBERTIES PROTECTION OFFICER
‘‘SEC. 103D. (a) CIVIL LIBERTIES PROTECTION OFFICER.—(1)
Within the Office of the Director of National Intelligence, there
is a Civil Liberties Protection Officer who shall be appointed by
the Director of National Intelligence.
‘‘(2) The Civil Liberties Protection Officer shall report directly
to the Director of National Intelligence.
‘‘(b) DUTIES.—The Civil Liberties Protection Officer shall—
‘‘(1) ensure that the protection of civil liberties and privacy
is appropriately incorporated in the policies and procedures
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developed for and implemented by the Office of the Director
of National Intelligence and the elements of the intelligence
community within the National Intelligence Program;
‘‘(2) oversee compliance by the Office and the Director
of National Intelligence with requirements under the Constitution and all laws, regulations, Executive orders, and implementing guidelines relating to civil liberties and privacy;
‘‘(3) review and assess complaints and other information
indicating possible abuses of civil liberties and privacy in the
administration of the programs and operations of the Office
and the Director of National Intelligence and, as appropriate,
investigate any such complaint or information;
‘‘(4) ensure that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,
and disclosure of personal information;
‘‘(5) ensure that personal information contained in a system
of records subject to section 552a of title 5, United States
Code (popularly referred to as the ‘Privacy Act’), is handled
in full compliance with fair information practices as set out
in that section;
‘‘(6) conduct privacy impact assessments when appropriate
or as required by law; and
‘‘(7) perform such other duties as may be prescribed by
the Director of National Intelligence or specified by law.
‘‘(c) USE OF AGENCY INSPECTORS GENERAL.—When appropriate,
the Civil Liberties Protection Officer may refer complaints to the
Office of Inspector General having responsibility for the affected
element of the department or agency of the intelligence community
to conduct an investigation under paragraph (3) of subsection (b).
‘‘DIRECTOR
OF SCIENCE AND TECHNOLOGY
‘‘SEC. 103E. (a) DIRECTOR OF SCIENCE AND TECHNOLOGY.—
There is a Director of Science and Technology within the Office
of the Director of National Intelligence who shall be appointed
by the Director of National Intelligence.
‘‘(b) REQUIREMENT RELATING TO APPOINTMENT.—An individual
appointed as Director of Science and Technology shall have a professional background and experience appropriate for the duties of
the Director of Science and Technology.
‘‘(c) DUTIES.—The Director of Science and Technology shall—
‘‘(1) act as the chief representative of the Director of
National Intelligence for science and technology;
‘‘(2) chair the Director of National Intelligence Science and
Technology Committee under subsection (d);
‘‘(3) assist the Director in formulating a long-term strategy
for scientific advances in the field of intelligence;
‘‘(4) assist the Director on the science and technology elements of the budget of the Office of the Director of National
Intelligence; and
‘‘(5) perform other such duties as may be prescribed by
the Director of National Intelligence or specified by law.
‘‘(d) DIRECTOR OF NATIONAL INTELLIGENCE SCIENCE AND TECHNOLOGY COMMITTEE.—(1) There is within the Office of the Director
of Science and Technology a Director of National Intelligence
Science and Technology Committee.
‘‘(2) The Committee shall be composed of the principal science
officers of the National Intelligence Program.
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Government
organization.
50 USC 403–3e.
Government
organization.
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‘‘(3) The Committee shall—
‘‘(A) coordinate advances in research and development
related to intelligence; and
‘‘(B) perform such other functions as the Director of Science
and Technology shall prescribe.
‘‘NATIONAL
Government
organization.
50 USC 403–3f.
COUNTERINTELLIGENCE EXECUTIVE
‘‘SEC. 103F. (a) NATIONAL COUNTERINTELLIGENCE EXECUTIVE.—
The National Counterintelligence Executive under section 902 of
the Counterintelligence Enhancement Act of 2002 (title IX of Public
Law 107–306; 50 U.S.C. 402b et seq.) is a component of the Office
of the Director of National Intelligence.
‘‘(b) DUTIES.—The National Counterintelligence Executive shall
perform the duties provided in the Counterintelligence Enhancement Act of 2002 and such other duties as may be prescribed
by the Director of National Intelligence or specified by law.
‘‘CENTRAL
50 USC 403–4.
‘‘SEC. 104. (a) CENTRAL INTELLIGENCE AGENCY.—There is a
Central Intelligence Agency.
‘‘(b) FUNCTION.—The function of the Central Intelligence Agency
is to assist the Director of the Central Intelligence Agency in
carrying out the responsibilities specified in section 104A(c).
‘‘DIRECTOR
President.
Congress.
50 USC 403–4a.
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INTELLIGENCE AGENCY
OF THE CENTRAL INTELLIGENCE AGENCY
‘‘SEC. 104A. (a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY.—
There is a Director of the Central Intelligence Agency who shall
be appointed by the President, by and with the advice and consent
of the Senate.
‘‘(b) SUPERVISION.—The Director of the Central Intelligence
Agency shall report to the Director of National Intelligence
regarding the activities of the Central Intelligence Agency.
‘‘(c) DUTIES.—The Director of the Central Intelligence Agency
shall—
‘‘(1) serve as the head of the Central Intelligence Agency;
and
‘‘(2) carry out the responsibilities specified in subsection
(d).
‘‘(d) RESPONSIBILITIES.—The Director of the Central Intelligence
Agency shall—
‘‘(1) collect intelligence through human sources and by other
appropriate means, except that the Director of the Central
Intelligence Agency shall have no police, subpoena, or law
enforcement powers or internal security functions;
‘‘(2) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of such
intelligence;
‘‘(3) provide overall direction for and coordination of the
collection of national intelligence outside the United States
through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other departments, agencies, or elements of the
United States Government which are authorized to undertake
such collection, ensure that the most effective use is made
of resources and that appropriate account is taken of the risks
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to the United States and those involved in such collection;
and
‘‘(4) perform such other functions and duties related to
intelligence affecting the national security as the President
or the Director of National Intelligence may direct.
‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES.—(1)
Notwithstanding the provisions of any other law, the Director of
the Central Intelligence Agency may, in the discretion of the
Director, terminate the employment of any officer or employee
of the Central Intelligence Agency whenever the Director deems
the termination of employment of such officer or employee necessary
or advisable in the interests of the United States.
‘‘(2) Any termination of employment of an officer or employee
under paragraph (1) shall not affect the right of the officer or
employee to seek or accept employment in any other department,
agency, or element of the United States Government if declared
eligible for such employment by the Office of Personnel Management.
‘‘(f) COORDINATION WITH FOREIGN GOVERNMENTS.—Under the
direction of the Director of National Intelligence and in a manner
consistent with section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927), the Director of the Central Intelligence Agency
shall coordinate the relationships between elements of the intelligence community and the intelligence or security services of foreign governments or international organizations on all matters
involving intelligence related to the national security or involving
intelligence acquired through clandestine means.’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the human intelligence officers of the intelligence
community have performed admirably and honorably in the
face of great personal dangers;
(2) during an extended period of unprecedented investment
and improvements in technical collection means, the human
intelligence capabilities of the United States have not received
the necessary and commensurate priorities;
(3) human intelligence is becoming an increasingly important capability to provide information on the asymmetric
threats to the national security of the United States;
(4) the continued development and improvement of a robust
and empowered and flexible human intelligence work force
is critical to identifying, understanding, and countering the
plans and intentions of the adversaries of the United States;
and
(5) an increased emphasis on, and resources applied to,
enhancing the depth and breadth of human intelligence
capabilities of the United States intelligence community must
be among the top priorities of the Director of National Intelligence.
(c) TRANSFORMATION OF CENTRAL INTELLIGENCE AGENCY.—The
Director of the Central Intelligence Agency shall, in accordance
with standards developed by the Director in consultation with the
Director of National Intelligence—
(1) enhance the analytic, human intelligence, and other
capabilities of the Central Intelligence Agency;
(2) develop and maintain an effective language program
within the Agency;
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50 USC 403–4b
note.
50 USC 403–4b.
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(3) emphasize the hiring of personnel of diverse backgrounds for purposes of improving the capabilities of the
Agency;
(4) establish and maintain effective relationships between
human intelligence and signals intelligence within the Agency
at the operational level; and
(5) achieve a more effective balance within the Agency
with respect to unilateral operations and liaison operations.
(d) REPORT.—(1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Central Intelligence
Agency shall submit to the Director of National Intelligence and
the congressional intelligence committees a report setting forth
the following:
(A) A strategy for improving the conduct of analysis
(including strategic analysis) by the Central Intelligence
Agency, and the progress of the Agency in implementing that
strategy.
(B) A strategy for improving the human intelligence and
other capabilities of the Agency, and the progress of the Agency
in implementing that strategy.
(2)(A) The information in the report under paragraph (1) on
the strategy referred to in paragraph (1)(B) shall—
(i) identify the number and types of personnel required
to implement that strategy;
(ii) include a plan for the recruitment, training, equipping,
and deployment of such personnel; and
(iii) set forth an estimate of the costs of such activities.
(B) If as of the date of the report under paragraph (1), a
proper balance does not exist between unilateral operations and
liaison operations, such report shall set forth the steps to be taken
to achieve such balance.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended to read as follows:
‘‘(5) The terms ‘national intelligence’ and ‘intelligence
related to national security’ refer to all intelligence, regardless
of the source from which derived and including information
gathered within or outside the United States, that—
‘‘(A) pertains, as determined consistent with any guidance issued by the President, to more than one United
States Government agency; and
‘‘(B) that involves—
‘‘(i) threats to the United States, its people, property, or interests;
‘‘(ii) the development, proliferation, or use of
weapons of mass destruction; or
‘‘(iii) any other matter bearing on United States
national or homeland security.’’.
50 USC 403–1
note.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION
BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL
INTELLIGENCE AGENCY.
(a) DEVELOPMENT OF PROCEDURES.—The Director of National
Intelligence, in consultation with the Secretary of Defense and
the Director of the Central Intelligence Agency, shall develop joint
procedures to be used by the Department of Defense and the Central
Intelligence Agency to improve the coordination and deconfliction
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of operations that involve elements of both the Armed Forces and
the Central Intelligence Agency consistent with national security
and the protection of human intelligence sources and methods.
Those procedures shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve
communication and coordination in the planning, execution,
and sustainment of operations, including, as a minimum—
(A) information exchange between senior officials of
the Central Intelligence Agency and senior officers and
officials of the Department of Defense when planning for
such an operation commences by either organization; and
(B) exchange of information between the Secretary and
the Director of the Central Intelligence Agency to ensure
that senior operational officials in both the Department
of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other.
(2) When appropriate, in cases where the Department of
Defense and the Central Intelligence Agency are conducting
separate missions in the same geographical area, a mutual
agreement on the tactical and strategic objectives for the region
and a clear delineation of operational responsibilities to prevent
conflict and duplication of effort.
(b) IMPLEMENTATION REPORT.—Not later than 180 days after
the date of the enactment of the Act, the Director of National
Intelligence shall submit to the congressional defense committees
(as defined in section 101 of title 10, United States Code) and
the congressional intelligence committees (as defined in section
3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7)))
a report describing the procedures established pursuant to subsection (a) and the status of the implementation of those procedures.
SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN
APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE
FOR INTELLIGENCE-RELATED ACTIVITIES.
Section 106 of the National Security Act of 1947 (50 U.S.C.
403–6) is amended by striking all after the heading and inserting
the following:
‘‘(a) RECOMMENDATION OF DNI IN CERTAIN APPOINTMENTS.—
(1) In the event of a vacancy in a position referred to in paragraph
(2), the Director of National Intelligence shall recommend to the
President an individual for nomination to fill the vacancy.
‘‘(2) Paragraph (1) applies to the following positions:
‘‘(A) The Principal Deputy Director of National Intelligence.
‘‘(B) The Director of the Central Intelligence Agency.
‘‘(b) CONCURRENCE OF DNI IN APPOINTMENTS TO POSITIONS
IN THE INTELLIGENCE COMMUNITY.—(1) In the event of a vacancy
in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall obtain
the concurrence of the Director of National Intelligence before
appointing an individual to fill the vacancy or recommending to
the President an individual to be nominated to fill the vacancy.
If the Director does not concur in the recommendation, the head
of the department or agency concerned may not fill the vacancy
or make the recommendation to the President (as the case may
be). In the case in which the Director does not concur in such
a recommendation, the Director and the head of the department
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50 USC 403–6.
Applicability.
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PUBLIC LAW 108–458—DEC. 17, 2004
or agency concerned may advise the President directly of the
intention to withhold concurrence or to make a recommendation,
as the case may be.
‘‘(2) Paragraph (1) applies to the following positions:
‘‘(A) The Director of the National Security Agency.
‘‘(B) The Director of the National Reconnaissance Office.
‘‘(C) The Director of the National Geospatial-Intelligence
Agency.
‘‘(D) The Assistant Secretary of State for Intelligence and
Research.
‘‘(E) The Director of the Office of Intelligence of the Department of Energy.
‘‘(F) The Director of the Office of Counterintelligence of
the Department of Energy.
‘‘(G) The Assistant Secretary for Intelligence and Analysis
of the Department of the Treasury.
‘‘(H) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation or any successor to that
position.
‘‘(I) The Assistant Secretary of Homeland Security for
Information Analysis.
‘‘(c) CONSULTATION WITH DNI IN CERTAIN POSITIONS.—(1) In
the event of a vacancy in a position referred to in paragraph
(2), the head of the department or agency having jurisdiction over
the position shall consult with the Director of National Intelligence
before appointing an individual to fill the vacancy or recommending
to the President an individual to be nominated to fill the vacancy.
‘‘(2) Paragraph (1) applies to the following positions:
‘‘(A) The Director of the Defense Intelligence Agency.
‘‘(B) The Assistant Commandant of the Coast Guard for
Intelligence.’’.
SEC. 1015. EXECUTIVE SCHEDULE MATTERS.
(a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 of title 5,
United States Code, is amended by adding at the end the following
new item:
‘‘Director of National Intelligence.’’.
(b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 of title 5,
United States Code, is amended by adding at the end the following
new items:
‘‘Principal Deputy Director of National Intelligence.
‘‘Director of the National Counterterrorism Center.
‘‘Director of the National Counter Proliferation Center.’’.
(c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5,
United States Code, is amended—
(1) by striking the item relating to the Assistant Directors
of Central Intelligence; and
(2) by adding at the end the following new item:
‘‘General Counsel of the Office of the National Intelligence
Director.’’.
6 USC 485.
SEC. 1016. INFORMATION SHARING.
(a) DEFINITIONS.—In this section:
(1) INFORMATION SHARING COUNCIL.—The term ‘‘Information Sharing Council’’ means the Information Systems Council
established by Executive Order 13356, or any successor body
designated by the President, and referred to under subsection
(g).
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(2) INFORMATION SHARING ENVIRONMENT; ISE.—The terms
‘‘information sharing environment’’ and ‘‘ISE’’ mean an
approach that facilitates the sharing of terrorism information,
which approach may include any methods determined necessary
and appropriate for carrying out this section.
(3) PROGRAM MANAGER.—The term ‘‘program manager’’
means the program manager designated under subsection (f).
(4) TERRORISM INFORMATION.—The term ‘‘terrorism
information’’ means all information, whether collected, produced, or distributed by intelligence, law enforcement, military,
homeland security, or other activities relating to—
(A) the existence, organization, capabilities, plans,
intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international terrorist
groups or individuals, or of domestic groups or individuals
involved in transnational terrorism;
(B) threats posed by such groups or individuals to
the United States, United States persons, or United States
interests, or to those of other nations;
(C) communications of or by such groups or individuals;
or
(D) groups or individuals reasonably believed to be
assisting or associated with such groups or individuals.
(b) INFORMATION SHARING ENVIRONMENT.—
(1) ESTABLISHMENT.—The President shall—
(A) create an information sharing environment for the
sharing of terrorism information in a manner consistent
with national security and with applicable legal standards
relating to privacy and civil liberties;
(B) designate the organizational and management
structures that will be used to operate and manage the
ISE; and
(C) determine and enforce the policies, directives, and
rules that will govern the content and usage of the ISE.
(2) ATTRIBUTES.—The President shall, through the structures described in subparagraphs (B) and (C) of paragraph
(1), ensure that the ISE provides and facilitates the means
for sharing terrorism information among all appropriate Federal, State, local, and tribal entities, and the private sector
through the use of policy guidelines and technologies. The President shall, to the greatest extent practicable, ensure that the
ISE provides the functional equivalent of, or otherwise supports,
a decentralized, distributed, and coordinated environment
that—
(A) connects existing systems, where appropriate, provides no single points of failure, and allows users to share
information among agencies, between levels of government,
and, as appropriate, with the private sector;
(B) ensures direct and continuous online electronic
access to information;
(C) facilitates the availability of information in a form
and manner that facilitates its use in analysis, investigations and operations;
(D) builds upon existing systems capabilities currently
in use across the Government;
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Electronic
directory.
Deadline.
President.
President.
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(E) employs an information access management
approach that controls access to data rather than just
systems and networks, without sacrificing security;
(F) facilitates the sharing of information at and across
all levels of security;
(G) provides directory services, or the functional
equivalent, for locating people and information;
(H) incorporates protections for individuals’ privacy
and civil liberties; and
(I) incorporates strong mechanisms to enhance accountability and facilitate oversight, including audits, authentication, and access controls.
(c) PRELIMINARY REPORT.—Not later than 180 days after the
date of the enactment of this Act, the program manager shall,
in consultation with the Information Sharing Council—
(1) submit to the President and Congress a description
of the technological, legal, and policy issues presented by the
creation of the ISE, and the way in which these issues will
be addressed;
(2) establish an initial capability to provide electronic directory services, or the functional equivalent, to assist in locating
in the Federal Government intelligence and terrorism information and people with relevant knowledge about intelligence
and terrorism information; and
(3) conduct a review of relevant current Federal agency
capabilities, databases, and systems for sharing information.
(d) GUIDELINES AND REQUIREMENTS.—As soon as possible, but
in no event later than 270 days after the date of the enactment
of this Act, the President shall—
(1) leverage all ongoing efforts consistent with establishing
the ISE and issue guidelines for acquiring, accessing, sharing,
and using information, including guidelines to ensure that
information is provided in its most shareable form, such as
by using tearlines to separate out data from the sources and
methods by which the data are obtained;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 1061, issue guidelines that—
(A) protect privacy and civil liberties in the development and use of the ISE; and
(B) shall be made public, unless nondisclosure is clearly
necessary to protect national security; and
(3) require the heads of Federal departments and agencies
to promote a culture of information sharing by—
(A) reducing disincentives to information sharing,
including over-classification of information and unnecessary requirements for originator approval, consistent with
applicable laws and regulations; and
(B) providing affirmative incentives for information
sharing.
(e) IMPLEMENTATION PLAN REPORT.—Not later than one year
after the date of the enactment of this Act, the President shall,
with the assistance of the program manager, submit to Congress
a report containing an implementation plan for the ISE. The report
shall include the following:
(1) A description of the functions, capabilities, resources,
and conceptual design of the ISE, including standards.
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(2) A description of the impact on enterprise architectures
of participating agencies.
(3) A budget estimate that identifies the incremental costs
associated with designing, testing, integrating, deploying, and
operating the ISE.
(4) A project plan for designing, testing, integrating,
deploying, and operating the ISE.
(5) The policies and directives referred to in subsection
(b)(1)(C), as well as the metrics and enforcement mechanisms
that will be utilized.
(6) Objective, systemwide performance measures to enable
the assessment of progress toward achieving the full
implementation of the ISE.
(7) A description of the training requirements needed to
ensure that the ISE will be adequately implemented and properly utilized.
(8) A description of the means by which privacy and civil
liberties will be protected in the design and operation of the
ISE.
(9) The recommendations of the program manager, in consultation with the Information Sharing Council, regarding
whether, and under what conditions, the ISE should be
expanded to include other intelligence information.
(10) A delineation of the roles of the Federal departments
and agencies that will participate in the ISE, including an
identification of the agencies that will deliver the infrastructure
needed to operate and manage the ISE (as distinct from individual department or agency components that are part of the
ISE), with such delineation of roles to be consistent with—
(A) the authority of the Director of National Intelligence under this title, and the amendments made by
this title, to set standards for information sharing throughout the intelligence community; and
(B) the authority of the Secretary of Homeland Security
and the Attorney General, and the role of the Department
of Homeland Security and the Attorney General, in coordinating with State, local, and tribal officials and the private
sector.
(11) The recommendations of the program manager, in
consultation with the Information Sharing Council, for a future
management structure for the ISE, including whether the position of program manager should continue to remain in existence.
(f) PROGRAM MANAGER.—
(1) DESIGNATION.—Not later than 120 days after the date
of the enactment of this Act, with notification to Congress,
the President shall designate an individual as the program
manager responsible for information sharing across the Federal
Government. The individual designated as the program manager shall serve as program manager during the two-year period
beginning on the date of designation under this paragraph
unless sooner removed from service and replaced by the President (at the President’s sole discretion). The program manager
shall have and exercise governmentwide authority.
(2) DUTIES AND RESPONSIBILITIES.—
(A) IN GENERAL.—The program manager shall, in consultation with the Information Sharing Council—
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President.
Notification.
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(i) plan for and oversee the implementation of,
and manage, the ISE;
(ii) assist in the development of policies, procedures, guidelines, rules, and standards as appropriate
to foster the development and proper operation of the
ISE; and
(iii) assist, monitor, and assess the implementation
of the ISE by Federal departments and agencies to
ensure adequate progress, technological consistency
and policy compliance; and regularly report the
findings to Congress.
(B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES,
RULES, AND STANDARDS.—The policies, procedures, guidelines, rules, and standards under subparagraph (A)(ii)
shall—
(i) take into account the varying missions and
security requirements of agencies participating in the
ISE;
(ii) address development, implementation, and
oversight of technical standards and requirements;
(iii) take into account ongoing and planned efforts
that support development, implementation and
management of the ISE;
(iv) address and facilitate information sharing
between and among departments and agencies of the
intelligence community, the Department of Defense,
the homeland security community and the law enforcement community;
(v) address and facilitate information sharing
between Federal departments and agencies and State,
tribal, and local governments;
(vi) address and facilitate, as appropriate, information sharing between Federal departments and agencies and the private sector;
(vii) address and facilitate, as appropriate,
information sharing between Federal departments and
agencies with foreign partners and allies; and
(viii) ensure the protection of privacy and civil
liberties.
(g) INFORMATION SHARING COUNCIL.—
(1) ESTABLISHMENT.—There is established an Information
Sharing Council that shall assist the President and the program
manager in their duties under this section. The Information
Sharing Council shall serve during the two-year period beginning on the date of the initial designation of the program
manager by the President under subsection (f)(1), unless sooner
removed from service and replaced by the President (at the
sole discretion of the President) with a successor body.
(2) SPECIFIC DUTIES.—In assisting the President and the
program manager in their duties under this section, the
Information Sharing Council shall—
(A) advise the President and the program manager
in developing policies, procedures, guidelines, roles, and
standards necessary to establish, implement, and maintain
the ISE;
(B) work to ensure coordination among the Federal
departments and agencies participating in the ISE in the
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establishment, implementation, and maintenance of the
ISE;
(C) identify and, as appropriate, recommend the
consolidation and elimination of current programs, systems,
and processes used by Federal departments and agencies
to share information, and recommend, as appropriate, the
redirection of existing resources to support the ISE;
(D) identify gaps, if any, between existing technologies,
programs and systems used by Federal departments and
agencies to share information and the parameters of the
proposed information sharing environment;
(E) recommend solutions to address any gaps identified
under subparagraph (D);
(F) recommend means by which the ISE can be
extended to allow interchange of information between Federal departments and agencies and appropriate authorities
of State and local governments; and
(G) recommend whether or not, and by which means,
the ISE should be expanded so as to allow future expansion
encompassing other relevant categories of information.
(3) CONSULTATION.—In performing its duties, the Information Sharing Council shall consider input from persons and
entities outside the Federal Government having significant
experience and expertise in policy, technical matters, and operational matters relating to the ISE.
(4) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.—The Information Sharing Council shall not be subject
to the requirements of the Federal Advisory Committee Act
(5 U.S.C. App.).
(h) PERFORMANCE MANAGEMENT REPORTS.—
(1) IN GENERAL.—Not later than two years after the date
of the enactment of this Act, and annually thereafter, the
President shall submit to Congress a report on the state of
the ISE and of information sharing across the Federal Government.
(2) CONTENT.—Each report under this subsection shall
include—
(A) a progress report on the extent to which the ISE
has been implemented, including how the ISE has fared
on the performance measures and whether the performance
goals set in the preceding year have been met;
(B) objective system-wide performance goals for the
following year;
(C) an accounting of how much was spent on the ISE
in the preceding year;
(D) actions taken to ensure that procurement of and
investments in systems and technology are consistent with
the implementation plan for the ISE;
(E) the extent to which all terrorism watch lists are
available for combined searching in real time through the
ISE and whether there are consistent standards for placing
individuals on, and removing individuals from, the watch
lists, including the availability of processes for correcting
errors;
(F) the extent to which State, tribal, and local officials
are participating in the ISE;
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(G) the extent to which private sector data, including
information from owners and operators of critical infrastructure, is incorporated in the ISE, and the extent to
which individuals and entities outside the government are
receiving information through the ISE;
(H) the measures taken by the Federal government
to ensure the accuracy of information in the ISE, in particular the accuracy of information about individuals;
(I) an assessment of the privacy and civil liberties
protections of the ISE, including actions taken in the preceding year to implement or enforce privacy and civil liberties protections; and
(J) an assessment of the security protections used in
the ISE.
(i) AGENCY RESPONSIBILITIES.—The head of each department
or agency that possesses or uses intelligence or terrorism information, operates a system in the ISE, or otherwise participates (or
expects to participate) in the ISE shall—
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines, rules, and
standards established under subsections (b) and (f);
(2) ensure the provision of adequate resources for systems
and activities supporting operation of and participation in the
ISE;
(3) ensure full department or agency cooperation in the
development of the ISE to implement governmentwide information sharing; and
(4) submit, at the request of the President or the program
manager, any reports on the implementation of the requirements of the ISE within such department or agency.
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $20,000,000 for each
of fiscal years 2005 and 2006.
50 USC 403–1
note.
SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE COMMUNITY.
Deadline.
Establishment.
Guidelines.
(a) IN GENERAL.—Not later than 180 days after the effective
date of this Act, the Director of National Intelligence shall establish
a process and assign an individual or entity the responsibility
for ensuring that, as appropriate, elements of the intelligence
community conduct alternative analysis (commonly referred to as
‘‘red-team analysis’’) of the information and conclusions in intelligence products.
(b) REPORT.—Not later than 270 days after the effective date
of this Act, the Director of National Intelligence shall provide a
report to the Select Committee on Intelligence of the Senate and
the Permanent Select Committee of the House of Representatives
on the implementation of subsection (a).
50 USC 403 note.
SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND
PRESERVATION OF AUTHORITIES.
The President shall issue guidelines to ensure the effective
implementation and execution within the executive branch of the
authorities granted to the Director of National Intelligence by this
title and the amendments made by this title, in a manner that
respects and does not abrogate the statutory responsibilities of
the heads of the departments of the United States Government
concerning such departments, including, but not limited to:
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(1) the authority of the Director of the Office of Management and Budget; and
(2) the authority of the principal officers of the executive
departments as heads of their respective departments,
including, but not limited to, under—
(A) section 199 of the Revised Statutes (22 U.S.C.
2651);
(B) title II of the Department of Energy Organization
Act (42 U.S.C. 7131 et seq.);
(C) the State Department Basic Authorities Act of
1956;
(D) section 102(a) of the Homeland Security Act of
2002 (6 U.S.C. 112(a)); and
(E) sections 301 of title 5, 113(b) and 162(b) of title
10, 503 of title 28, and 301(b) of title 31, United States
Code.
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SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC INTEGRITY.
50 USC 403–1a.
(a) ASSIGNMENT OF RESPONSIBILITIES.—For purposes of carrying
out section 102A(h) of the National Security Act of 1947 (as added
by section 1011(a)), the Director of National Intelligence shall,
not later than 180 days after the date of the enactment of this
Act, assign an individual or entity to be responsible for ensuring
that finished intelligence products produced by any element or
elements of the intelligence community are timely, objective, independent of political considerations, based upon all sources of available intelligence, and employ the standards of proper analytic
tradecraft.
(b) RESPONSIBILITIES.—(1) The individual or entity assigned
responsibility under subsection (a)—
(A) may be responsible for general oversight and management of analysis and production, but may not be directly responsible for, or involved in, the specific production of any finished
intelligence product;
(B) shall perform, on a regular basis, detailed reviews
of finished intelligence product or other analytic products by
an element or elements of the intelligence community covering
a particular topic or subject matter;
(C) shall be responsible for identifying on an annual basis
functional or topical areas of analysis for specific review under
subparagraph (B); and
(D) upon completion of any review under subparagraph
(B), may draft lessons learned, identify best practices, or make
recommendations for improvement to the analytic tradecraft
employed in the production of the reviewed product or products.
(2) Each review under paragraph (1)(B) should—
(A) include whether the product or products concerned
were based on all sources of available intelligence, properly
describe the quality and reliability of underlying sources, properly caveat and express uncertainties or confidence in analytic
judgments, properly distinguish between underlying intelligence and the assumptions and judgments of analysts, and
incorporate, where appropriate, alternative analyses; and
(B) ensure that the analytic methodologies, tradecraft, and
practices used by the element or elements concerned in the
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production of the product or products concerned meet the standards set forth in subsection (a).
(3) Information drafted under paragraph (1)(D) should, as
appropriate, be included in analysis teaching modules and case
studies for use throughout the intelligence community.
(c) ANNUAL REPORTS.—Not later than December 1 each year,
the Director of National Intelligence shall submit to the congressional intelligence committees, the heads of the relevant elements
of the intelligence community, and the heads of analytic training
departments a report containing a description, and the associated
findings, of each review under subsection (b)(1)(B) during such
year.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
50 USC 403–1a
note.
Deadline.
SEC. 1020. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS.
(a) IN GENERAL.—Not later than 180 days after the effective
date of this Act, the Director of National Intelligence shall identify
an individual within the Office of the Director of National Intelligence who shall be available to analysts within the Office of
the Director of National Intelligence to counsel, conduct arbitration,
offer recommendations, and, as appropriate, initiate inquiries into
real or perceived problems of analytic tradecraft or politicization,
biased reporting, or lack of objectivity in intelligence analysis.
(b) REPORT.—Not later than 270 days after the effective date
of this Act, the Director of National Intelligence shall provide a
report to the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives on the implementation of subsection (a).
Subtitle
B—National
Counterterrorism
Center, National Counter Proliferation
Center, and National Intelligence Centers
SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
Title I of the National Security Act of 1947 (50 U.S.C. 402
et seq.) is amended by adding at the end the following new section:
‘‘NATIONAL
50 USC 404o.
President.
Congress.
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COUNTERTERRORISM CENTER
‘‘SEC. 119. (a) ESTABLISHMENT OF CENTER.—There is within
the Office of the Director of National Intelligence a National
Counterterrorism Center.
‘‘(b) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER.—(1)
There is a Director of the National Counterterrorism Center, who
shall be the head of the National Counterterrorism Center, and
who shall be appointed by the President, by and with the advice
and consent of the Senate.
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‘‘(2) The Director of the National Counterterrorism Center may
not simultaneously serve in any other capacity in the executive
branch.
‘‘(c) REPORTING.—(1) The Director of the National
Counterterrorism Center shall report to the Director of National
Intelligence with respect to matters described in paragraph (2)
and the President with respect to matters described in paragraph
(3).
‘‘(2) The matters described in this paragraph are as follows:
‘‘(A) The budget and programs of the National
Counterterrorism Center.
‘‘(B) The activities of the Directorate of Intelligence of the
National Counterterrorism Center under subsection (h).
‘‘(C) The conduct of intelligence operations implemented
by other elements of the intelligence community; and
‘‘(3) The matters described in this paragraph are the planning
and progress of joint counterterrorism operations (other than intelligence operations).’’.
‘‘(d) PRIMARY MISSIONS.—The primary missions of the National
Counterterrorism Center shall be as follows:
‘‘(1) To serve as the primary organization in the United
States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government
pertaining to terrorism and counterterrorism, excepting intelligence pertaining exclusively to domestic terrorists and
domestic counterterrorism.
‘‘(2) To conduct strategic operational planning for
counterterrorism activities, integrating all instruments of
national power, including diplomatic, financial, military, intelligence, homeland security, and law enforcement activities
within and among agencies.
‘‘(3) To assign roles and responsibilities as part of its strategic operational planning duties to lead Departments or agencies, as appropriate, for counterterrorism activities that are
consistent
with
applicable
law
and
that
support
counterterrorism strategic operational plans, but shall not
direct the execution of any resulting operations.
‘‘(4) To ensure that agencies, as appropriate, have access
to and receive all-source intelligence support needed to execute
their counterterrorism plans or perform independent, alternative analysis.
‘‘(5) To ensure that such agencies have access to and receive
intelligence needed to accomplish their assigned activities.
‘‘(6) To serve as the central and shared knowledge bank
on known and suspected terrorists and international terror
groups, as well as their goals, strategies, capabilities, and networks of contacts and support.
‘‘(e) DOMESTIC COUNTERTERRORISM INTELLIGENCE.—(1) The
Center may, consistent with applicable law, the direction of the
President, and the guidelines referred to in section 102A(b), receive
intelligence pertaining exclusively to domestic counterterrorism
from any Federal, State, or local government or other source necessary to fulfill its responsibilities and retain and disseminate such
intelligence.
‘‘(2) Any agency authorized to conduct counterterrorism activities may request information from the Center to assist it in its
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responsibilities, consistent with applicable law and the guidelines
referred to in section 102A(b).
‘‘(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR.—(1) The
Director of the National Counterterrorism Center shall—
‘‘(A) serve as the principal adviser to the Director of
National Intelligence on intelligence operations relating to
counterterrorism;
‘‘(B) provide strategic operational plans for the civilian
and military counterterrorism efforts of the United States
Government
and
for
the
effective
integration
of
counterterrorism intelligence and operations across agency
boundaries, both inside and outside the United States;
‘‘(C) advise the Director of National Intelligence on the
extent to which the counterterrorism program recommendations
and budget proposals of the departments, agencies, and elements of the United States Government conform to the priorities established by the President;
‘‘(D) disseminate terrorism information, including current
terrorism threat analysis, to the President, the Vice President,
the Secretaries of State, Defense, and Homeland Security, the
Attorney General, the Director of the Central Intelligence
Agency, and other officials of the executive branch as appropriate, and to the appropriate committees of Congress;
‘‘(E) support the Department of Justice and the Department
of Homeland Security, and other appropriate agencies, in fulfillment of their responsibilities to disseminate terrorism information, consistent with applicable law, guidelines referred to in
section 102A(b), Executive orders and other Presidential guidance, to State and local government officials, and other entities,
and coordinate dissemination of terrorism information to foreign
governments as approved by the Director of National Intelligence;
‘‘(F) develop a strategy for combining terrorist travel intelligence operations and law enforcement planning and operations into a cohesive effort to intercept terrorists, find terrorist
travel facilitators, and constrain terrorist mobility;
‘‘(G) have primary responsibility within the United States
Government for conducting net assessments of terrorist threats;
‘‘(H) consistent with priorities approved by the President,
assist the Director of National Intelligence in establishing
requirements for the intelligence community for the collection
of terrorism information; and
‘‘(I) perform such other duties as the Director of National
Intelligence may prescribe or are prescribed by law.
‘‘(2) Nothing in paragraph (1)(G) shall limit the authority of
the departments and agencies of the United States to conduct
net assessments.
Director
of
the
National
‘‘(g)
LIMITATION.—The
Counterterrorism Center may not direct the execution of
counterterrorism operations.
‘‘(h) RESOLUTION OF DISPUTES.—The Director of National Intelligence shall resolve disagreements between the National
Counterterrorism Center and the head of a department, agency,
or element of the United States Government on designations,
assignments, plans, or responsibilities under this section. The head
of such a department, agency, or element may appeal the resolution
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of the disagreement by the Director of National Intelligence to
the President.
‘‘(i) DIRECTORATE OF INTELLIGENCE.—The Director of the
National Counterterrorism Center shall establish and maintain
within the National Counterterrorism Center a Directorate of Intelligence which shall have primary responsibility within the United
States Government for analysis of terrorism and terrorist organizations (except for purely domestic terrorism and domestic terrorist
organizations) from all sources of intelligence, whether collected
inside or outside the United States.
‘‘(j) DIRECTORATE OF STRATEGIC OPERATIONAL PLANNING.—(1)
The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center
a Directorate of Strategic Operational Planning which shall provide
strategic operational plans for counterterrorism operations conducted by the United States Government.
‘‘(2) Strategic operational planning shall include the mission,
objectives to be achieved, tasks to be performed, interagency
coordination of operational activities, and the assignment of roles
and responsibilities.
‘‘(3) The Director of the National Counterterrorism Center shall
monitor the implementation of strategic operational plans, and shall
obtain information from each element of the intelligence community,
and from each other department, agency, or element of the United
States Government relevant for monitoring the progress of such
entity in implementing such plans.’’.
Establishment.
Establishment.
SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER.
Title I of the National Security Act of 1947, as amended by
section 1021 of this Act, is further amended by adding at the
end the following new section:
‘‘NATIONAL
COUNTER PROLIFERATION CENTER
‘‘SEC. 119A. (a) ESTABLISHMENT.—Not later than 18 months
after the date of the enactment of the National Security Intelligence
Reform Act of 2004, the President shall establish a National Counter
Proliferation Center, taking into account all appropriate government
tools to prevent and halt the proliferation of weapons of mass
destruction, their delivery systems, and related materials and technologies.
‘‘(b) MISSIONS AND OBJECTIVES.—In establishing the National
Counter Proliferation Center, the President shall address the following missions and objectives to prevent and halt the proliferation
of weapons of mass destruction, their delivery systems, and related
materials and technologies:
‘‘(1) Establishing a primary organization within the United
States Government for analyzing and integrating all intelligence possessed or acquired by the United States pertaining
to proliferation.
‘‘(2) Ensuring that appropriate agencies have full access
to and receive all-source intelligence support needed to execute
their counter proliferation plans or activities, and perform independent, alternative analyses.
‘‘(3) Establishing a central repository on known and suspected proliferation activities, including the goals, strategies,
capabilities, networks, and any individuals, groups, or entities
engaged in proliferation.
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Deadline.
President.
50 USC 404o–1.
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‘‘(4) Disseminating proliferation information, including proliferation threats and analyses, to the President, to the appropriate departments and agencies, and to the appropriate
committees of Congress.
‘‘(5) Conducting net assessments and warnings about the
proliferation of weapons of mass destruction, their delivery
systems, and related materials and technologies.
‘‘(6) Coordinating counter proliferation plans and activities
of the various departments and agencies of the United States
Government to prevent and halt the proliferation of weapons
of mass destruction, their delivery systems, and related materials and technologies.
‘‘(7) Conducting strategic operational counter proliferation
planning for the United States Government to prevent and
halt the proliferation of weapons of mass destruction, their
delivery systems, and related materials and technologies.
‘‘(c) NATIONAL SECURITY WAIVER.—The President may waive
the requirements of this section, and any parts thereof, if the
President determines that such requirements do not materially
improve the ability of the United States Government to prevent
and halt the proliferation of weapons of mass destruction, their
delivery systems, and related materials and technologies. Such
waiver shall be made in writing to Congress and shall include
a description of how the missions and objectives in subsection
(b) are being met.
‘‘(d) REPORT TO CONGRESS.—(1) Not later than nine months
after the implementation of this Act, the President shall submit
to Congress, in classified form if necessary, the findings and recommendations of the President’s Commission on Weapons of Mass
Destruction established by Executive Order in February 2004,
together with the views of the President regarding the establishment of a National Counter Proliferation Center.
‘‘(2) If the President decides not to exercise the waiver authority
granted by subsection (c), the President shall submit to Congress
from time to time updates and plans regarding the establishment
of a National Counter Proliferation Center.
‘‘(e) SENSE OF CONGRESS.—It is the sense of Congress that
a central feature of counter proliferation activities, consistent with
the President’s Proliferation Security Initiative, should include the
physical interdiction, by air, sea, or land, of weapons of mass
destruction, their delivery systems, and related materials and technologies, and enhanced law enforcement activities to identify and
disrupt proliferation networks, activities, organizations, and persons.’’.
President.
SEC. 1023. NATIONAL INTELLIGENCE CENTERS.
Title I of the National Security Act of 1947, as amended by
section 1022 of this Act, is further amended by adding at the
end the following new section:
‘‘NATIONAL
50 USC 404o–2.
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INTELLIGENCE CENTERS
‘‘SEC. 119B. (a) AUTHORITY TO ESTABLISH.—The Director of
National Intelligence may establish one or more national intelligence centers to address intelligence priorities, including, but not
limited to, regional issues.
‘‘(b) RESOURCES OF DIRECTORS OF CENTERS.—(1) The Director
of National Intelligence shall ensure that the head of each national
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intelligence center under subsection (a) has appropriate authority,
direction, and control of such center, and of the personnel assigned
to such center, to carry out the assigned mission of such center.
‘‘(2) The Director of National Intelligence shall ensure that
each national intelligence center has appropriate personnel to
accomplish effectively the mission of such center.
‘‘(c) INFORMATION SHARING.—The Director of National Intelligence shall, to the extent appropriate and practicable, ensure
that each national intelligence center under subsection (a) and
the other elements of the intelligence community share information
in order to facilitate the mission of such center.
‘‘(d) MISSION OF CENTERS.—Pursuant to the direction of the
Director of National Intelligence, each national intelligence center
under subsection (a) may, in the area of intelligence responsibility
assigned to such center—
‘‘(1) have primary responsibility for providing all-source
analysis of intelligence based upon intelligence gathered both
domestically and abroad;
‘‘(2) have primary responsibility for identifying and proposing to the Director of National Intelligence intelligence
collection and analysis and production requirements; and
‘‘(3) perform such other duties as the Director of National
Intelligence shall specify.
‘‘(e) REVIEW AND MODIFICATION OF CENTERS.—The Director of
National Intelligence shall determine on a regular basis whether—
‘‘(1) the area of intelligence responsibility assigned to each
national intelligence center under subsection (a) continues to
meet appropriate intelligence priorities; and
‘‘(2) the staffing and management of such center remains
appropriate for the accomplishment of the mission of such
center.
‘‘(f) TERMINATION.—The Director of National Intelligence may
terminate any national intelligence center under subsection (a).
‘‘(g) SEPARATE BUDGET ACCOUNT.—The Director of National
Intelligence shall, as appropriate, include in the National Intelligence Program budget a separate line item for each national
intelligence center under subsection (a).’’.
Subtitle C—Joint Intelligence Community
Council
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
Title I of the National Security Act of 1947 (50 U.S.C. 402
et seq.) is amended by inserting after section 101 the following
new section:
‘‘JOINT
INTELLIGENCE COMMUNITY COUNCIL
‘‘SEC. 101A. (a) JOINT INTELLIGENCE COMMUNITY COUNCIL.—
There is a Joint Intelligence Community Council.
‘‘(b) MEMBERSHIP.—The Joint Intelligence Community Council
shall consist of the following:
‘‘(1) The Director of National Intelligence, who shall chair
the Council.
‘‘(2) The Secretary of State.
‘‘(3) The Secretary of the Treasury.
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50 USC 402–1.
Establishment.
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‘‘(4) The Secretary of Defense.
‘‘(5) The Attorney General.
‘‘(6) The Secretary of Energy.
‘‘(7) The Secretary of Homeland Security.
‘‘(8) Such other officers of the United States Government
as the President may designate from time to time.
‘‘(c) FUNCTIONS.—The Joint Intelligence Community Council
shall assist the Director of National Intelligence in developing and
implementing a joint, unified national intelligence effort to protect
national security by—
‘‘(1) advising the Director on establishing requirements,
developing budgets, financial management, and monitoring and
evaluating the performance of the intelligence community, and
on such other matters as the Director may request; and
‘‘(2) ensuring the timely execution of programs, policies,
and directives established or developed by the Director.
‘‘(d) MEETINGS.—The Director of National Intelligence shall
convene regular meetings of the Joint Intelligence Community
Council.
‘‘(e) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.—(1) A member of the Joint Intelligence Community Council
(other than the Chairman) may submit to the Chairman advice
or an opinion in disagreement with, or advice or an opinion in
addition to, the advice presented by the Director of National Intelligence to the President or the National Security Council, in the
role of the Chairman as Chairman of the Joint Intelligence Community Council. If a member submits such advice or opinion, the
Chairman shall present the advice or opinion of such member
at the same time the Chairman presents the advice of the Chairman
to the President or the National Security Council, as the case
may be.
‘‘(2) The Chairman shall establish procedures to ensure that
the presentation of the advice of the Chairman to the President
or the National Security Council is not unduly delayed by reason
of the submission of the individual advice or opinion of another
member of the Council.
‘‘(f) RECOMMENDATIONS TO CONGRESS.—Any member of the
Joint Intelligence Community Council may make such recommendations to Congress relating to the intelligence community as such
member considers appropriate.’’.
Procedures.
Subtitle D—Improvement of Education for
the Intelligence Community
50 USC 403–1b.
SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
(a) FINDINGS.—Congress makes the following findings:
(1) Foreign language education is essential for the development of a highly-skilled workforce for the intelligence community.
(2) Since September 11, 2001, the need for language proficiency levels to meet required national security functions has
been raised, and the ability to comprehend and articulate technical and scientific information in foreign languages has become
critical.
(b) LINGUISTIC REQUIREMENTS.—(1) The Director of National
Intelligence shall—
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(A) identify the linguistic requirements for the Office of
the Director of National Intelligence;
(B) identify specific requirements for the range of linguistic
skills necessary for the intelligence community, including proficiency in scientific and technical vocabularies of critical foreign
languages; and
(C) develop a comprehensive plan for the Office to meet
such requirements through the education, recruitment, and
training of linguists.
(2) In carrying out activities under paragraph (1), the Director
shall take into account education grant programs of the Department
of Defense and the Department of Education that are in existence
as of the date of the enactment of this Act.
(3) Not later than one year after the date of the enactment
of this Act, and annually thereafter, the Director shall submit
to Congress a report on the requirements identified under paragraph (1), including the success of the Office of the Director of
National Intelligence in meeting such requirements. Each report
shall notify Congress of any additional resources determined by
the Director to be required to meet such requirements.
(4) Each report under paragraph (3) shall be in unclassified
form, but may include a classified annex.
(c) PROFESSIONAL INTELLIGENCE TRAINING.—The Director of
National Intelligence shall require the head of each element and
component within the Office of the Director of National Intelligence
who has responsibility for professional intelligence training to
periodically review and revise the curriculum for the professional
intelligence training of the senior and intermediate level personnel
of such element or component in order to—
(1) strengthen the focus of such curriculum on the integration of intelligence collection and analysis throughout the Office;
and
(2) prepare such personnel for duty with other departments,
agencies, and elements of the intelligence community.
Deadline.
Reports.
Notification.
SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING.
Title X of the National Security Act of 1947 (50 U.S.C. 441g)
is amended by adding at the end the following new section:
‘‘FRAMEWORK
FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING
‘‘SEC. 1002. The Director of National Intelligence shall establish
an integrated framework that brings together the educational
components of the intelligence community in order to promote a
more effective and productive intelligence community through crossdisciplinary education and joint training.’’.
50 USC 441g–1.
SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
Title X of the National Security Act of 1947, as amended
by section 1042 of this Act, is further amended by adding at the
end the following new section:
‘‘INTELLIGENCE
COMMUNITY SCHOLARSHIP PROGRAM
‘‘SEC. 1003. (a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Director of National Intelligence,
in consultation with the head of each agency of the intelligence
community, shall establish a scholarship program (to be known
as the ‘Intelligence Community Scholarship Program’) to award
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50 USC 441g–2.
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scholarships to individuals that is designed to recruit and prepare students for civilian careers in the intelligence community
to meet the critical needs of the intelligence community agencies.
‘‘(2) SELECTION OF RECIPIENTS.—
‘‘(A) MERIT AND AGENCY NEEDS.—Individuals shall be
selected to receive scholarships under this section through
a competitive process primarily on the basis of academic
merit and the needs of the agency.
‘‘(B)
DEMONSTRATED
COMMITMENT.—Individuals
selected under this section shall have a demonstrated
commitment to the field of study for which the scholarship
is awarded.
‘‘(3) CONTRACTUAL AGREEMENTS.—To carry out the Program
the head of each agency shall enter into contractual agreements
with individuals selected under paragraph (2) under which
the individuals agree to serve as full-time employees of the
agency, for the period described in subsection (g)(1), in positions
needed by the agency and for which the individuals are qualified, in exchange for receiving a scholarship.
‘‘(b) ELIGIBILITY.—In order to be eligible to participate in the
Program, an individual shall—
‘‘(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education and be pursuing
or intend to pursue undergraduate or graduate education in
an academic field or discipline described in the list made available under subsection (d);
‘‘(2) be a United States citizen; and
‘‘(3) at the time of the initial scholarship award, not be
an employee (as defined under section 2105 of title 5, United
States Code).
‘‘(c) APPLICATION.— An individual seeking a scholarship under
this section shall submit an application to the Director of National
Intelligence at such time, in such manner, and containing such
information, agreements, or assurances as the Director may require.
‘‘(d) PROGRAMS AND FIELDS OF STUDY.—The Director of National
Intelligence shall—
‘‘(1) make publicly available a list of academic programs
and fields of study for which scholarships under the Program
may be used; and
‘‘(2) update the list as necessary.
‘‘(e) SCHOLARSHIPS.—
‘‘(1) IN GENERAL.—The Director of National Intelligence
may provide a scholarship under the Program for an academic
year if the individual applying for the scholarship has submitted
to the Director, as part of the application required under subsection (c), a proposed academic program leading to a degree
in a program or field of study on the list made available
under subsection (d).
‘‘(2) LIMITATION ON YEARS.—An individual may not receive
a scholarship under this section for more than 4 academic
years, unless the Director of National Intelligence grants a
waiver.
‘‘(3) STUDENT RESPONSIBILITIES.—Scholarship recipients
shall maintain satisfactory academic progress.
‘‘(4) AMOUNT.—The dollar amount of a scholarship under
this section for an academic year shall be determined under
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regulations issued by the Director of National Intelligence,
but shall in no case exceed the cost of tuition, fees, and other
authorized expenses as established by the Director.
‘‘(5) USE OF SCHOLARSHIPS.—A scholarship provided under
this section may be expended for tuition, fees, and other authorized expenses as established by the Director of National Intelligence by regulation.
‘‘(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION.—The
Director of National Intelligence may enter into a contractual
agreement with an institution of higher education under which
the amounts provided for a scholarship under this section for
tuition, fees, and other authorized expenses are paid directly
to the institution with respect to which the scholarship is
provided.
‘‘(f) SPECIAL CONSIDERATION FOR CURRENT EMPLOYEES.—
‘‘(1) SET ASIDE OF SCHOLARSHIPS.—Notwithstanding paragraphs (1) and (3) of subsection (b), 10 percent of the scholarships awarded under this section shall be set aside for individuals who are employees of agencies on the date of enactment
of this section to enhance the education of such employees
in areas of critical needs of agencies.
‘‘(2) FULL- OR PART-TIME EDUCATION.—Employees who are
awarded scholarships under paragraph (1) shall be permitted
to pursue undergraduate or graduate education under the scholarship on a full-time or part-time basis.
‘‘(g) EMPLOYEE SERVICE.—
‘‘(1) PERIOD OF SERVICE.—Except as provided in subsection
(i)(2), the period of service for which an individual shall be
obligated to serve as an employee of the agency is 24 months
for each academic year for which a scholarship under this
section is provided. Under no circumstances shall the total
period of obligated service be more than 8 years.
‘‘(2) BEGINNING OF SERVICE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), obligated service under paragraph (1) shall begin not
later than 60 days after the individual obtains the educational degree for which the scholarship was provided.
‘‘(B) DEFERRAL.—In accordance with regulations established by the Director of National Intelligence, the Director
or designee may defer the obligation of an individual to
provide a period of service under paragraph (1) if the
Director or designee determines that such a deferral is
appropriate.
‘‘(h) REPAYMENT.—
‘‘(1) IN GENERAL.—Scholarship recipients who fail to maintain a high level of academic standing, as defined by the
Director of National Intelligence, who are dismissed from their
educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the
educational program for which the scholarship was awarded,
shall be in breach of their contractual agreement and, in lieu
of any service obligation arising under such agreement, shall
be liable to the United States for repayment within 1 year
after the date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf under
the agreement, except as provided in subsection (i)(2). The
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repayment period may be extended by the Director when determined to be necessary, as established by regulation.
‘‘(2) LIABILITY.—Scholarship recipients who, for any reason,
fail to begin or complete their service obligation after completion
of academic training, or fail to comply with the terms and
conditions of deferment established by the Director of National
Intelligence under subsection (i)(2)(B), shall be in breach of
their contractual agreement. When recipients breach their
agreements for the reasons stated in the preceding sentence,
the recipient shall be liable to the United States for an amount
equal to—
‘‘(A) the total amount of scholarships received by such
individual under this section; and
‘‘(B) the interest on the amounts of such awards which
would be payable if at the time the awards were received
they were loans bearing interest at the maximum legal
prevailing rate, as determined by the Treasurer of the
United States, multiplied by 3.
‘‘(i) CANCELLATION, WAIVER, OR SUSPENSION OF OBLIGATION.—
‘‘(1) CANCELLATION.—Any obligation of an individual
incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death
of the individual.
‘‘(2) WAIVER OR SUSPENSION.—The Director of National
Intelligence shall prescribe regulations to provide for the partial
or total waiver or suspension of any obligation of service or
payment incurred by an individual under the Program (or
a contractual agreement thereunder) whenever compliance by
the individual is impossible or would involve extreme hardship
to the individual, or if enforcement of such obligation with
respect to the individual would be contrary to the best interests
of the Government.
‘‘(j) REGULATIONS.—The Director of National Intelligence shall
prescribe regulations necessary to carry out this section.
‘‘(k) DEFINITIONS.—In this section:
‘‘(1) AGENCY.—The term ‘agency’ means each element of
the intelligence community as determined by the Director of
National Intelligence.
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given that term
under section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
‘‘(3) PROGRAM.—The term ‘Program’ means the Intelligence
Community Scholarship Program established under subsection
(a).’’.
Subtitle E—Additional Improvements of
Intelligence Activities
SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE COMMUNITY.
The Director of National Intelligence, in cooperation with the
Secretary of Defense and the Secretary of Energy, should seek
to ensure that each service laboratory of the Department of Defense
and each national laboratory of the Department of Energy may,
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acting through the relevant Secretary and in a manner consistent
with the missions and commitments of the laboratory—
(1) assist the Director of National Intelligence in all aspects
of technical intelligence, including research, applied sciences,
analysis, technology evaluation and assessment, and any other
aspect that the relevant Secretary considers appropriate; and
(2) make available to the intelligence community, on a
community-wide basis—
(A) the analysis and production services of the service
and national laboratories, in a manner that maximizes
the capacity and services of such laboratories; and
(B) the facilities and human resources of the service
and national laboratories, in a manner that improves the
technological capabilities of the intelligence community.
SEC. 1052. OPEN-SOURCE INTELLIGENCE.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Director of National Intelligence should establish
an intelligence center for the purpose of coordinating the collection, analysis, production, and dissemination of open-source
intelligence to elements of the intelligence community;
(2) open-source intelligence is a valuable source that must
be integrated into the intelligence cycle to ensure that United
States policymakers are fully and completely informed; and
(3) the intelligence center should ensure that each element
of the intelligence community uses open-source intelligence consistent with the mission of such element.
(b) REQUIREMENT FOR EFFICIENT USE BY INTELLIGENCE COMMUNITY OF OPEN-SOURCE INTELLIGENCE.—The Director of National
Intelligence shall ensure that the intelligence community makes
efficient and effective use of open-source information and analysis.
(c) REPORT.—Not later than June 30, 2005, the Director of
National Intelligence shall submit to the congressional intelligence
committees a report containing the decision of the Director as
to whether an open-source intelligence center will be established.
If the Director decides not to establish an open-source intelligence
center, such report shall also contain a description of how the
intelligence community will use open-source intelligence and effectively integrate open-source intelligence into the national intelligence cycle.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS.
50 USC 403–1
note.
50 USC 403–1c.
(a) ESTABLISHMENT.—The Director of National Intelligence may
provide for the establishment and training of a National Intelligence
Reserve Corps (in this section referred to as ‘‘National Intelligence
Reserve Corps’’) for the temporary reemployment on a voluntary
basis of former employees of elements of the intelligence community
during periods of emergency, as determined by the Director.
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(b) ELIGIBLE INDIVIDUALS.—An individual may participate in
the National Intelligence Reserve Corps only if the individual previously served as a full time employee of an element of the intelligence community.
(c) TERMS OF PARTICIPATION.—The Director of National Intelligence shall prescribe the terms and conditions under which eligible
individuals may participate in the National Intelligence Reserve
Corps.
(d) EXPENSES.—The Director of National Intelligence may
provide members of the National Intelligence Reserve Corps
transportation and per diem in lieu of subsistence for purposes
of participating in any training that relates to service as a member
of the Reserve Corps.
(e) TREATMENT OF ANNUITANTS.—(1) If an annuitant receiving
an annuity from the Civil Service Retirement and Disability Fund
becomes temporarily reemployed pursuant to this section, such
annuity shall not be discontinued thereby.
(2) An annuitant so reemployed shall not be considered an
employee for the purposes of chapter 83 or 84 of title 5, United
States Code.
(f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE PERSONNEL CEILING.—A member of the National Intelligence Reserve Corps who is reemployed on a temporary basis
pursuant to this section shall not count against any personnel
ceiling applicable to the Office of the Director of National Intelligence.
Subtitle F—Privacy and Civil Liberties
5 USC 601 note.
SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) In conducting the war on terrorism, the Federal Government may need additional powers and may need to enhance
the use of its existing powers.
(2) This potential shift of power and authority to the Federal Government calls for an enhanced system of checks and
balances to protect the precious liberties that are vital to our
way of life.
(b) ESTABLISHMENT OF BOARD.—There is established within
the Executive Office of the President a Privacy and Civil Liberties
Oversight Board (referred to in this section as the ‘‘Board’’).
(c) FUNCTIONS.—
(1) ADVICE AND COUNSEL ON DEVELOPMENT AND
IMPLEMENTATION OF POLICY.—For the purpose of providing
advice to the President or to the head of any department
or agency of the executive branch, the Board shall—
(A) review proposed regulations and executive branch
policies related to efforts to protect the Nation from terrorism, including the development and adoption of information sharing guidelines under subsections (d) and (f) of
section 1016;
(B) review the implementation of laws, regulations,
and executive branch policies related to efforts to protect
the Nation from terrorism, including the implementation
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of information sharing guidelines under subsections (d)
and (f) of section 1016;
(C) advise the President and the head of any department or agency of the executive branch to ensure that
privacy and civil liberties are appropriately considered in
the development and implementation of such regulations
and executive branch policies; and
(D) in providing advice on proposals to retain or
enhance a particular governmental power, consider
whether the department, agency, or element of the executive branch concerned has explained—
(i) that there is adequate supervision of the use
by the executive branch of the power to ensure protection of privacy and civil liberties;
(ii) that there are adequate guidelines and oversight to properly confine the use of the power; and
(iii) that the need for the power, including the
risk presented to the national security if the Federal
Government does not take certain actions, is balanced
with the need to protect privacy and civil liberties.
(2) OVERSIGHT.—The Board shall continually review—
(A) regulations, executive branch policies, and procedures (including the implementation of such regulations,
policies, and procedures), related laws pertaining to efforts
to protect the Nation from terrorism, and other actions
by the executive branch related to efforts to protect the
Nation from terrorism to ensure that privacy and civil
liberties are protected; and
(B) the information sharing practices of the departments, agencies, and elements of the executive branch to
determine whether or not such practices appropriately protect privacy and civil liberties and adhere to the information sharing guidelines under subsections (d) and (f) of
section 1016 and to other applicable laws, regulations, and
executive branch policies regarding the protection of privacy and civil liberties.
(3) SCOPE.—The Board shall ensure that concerns with
respect to privacy and civil liberties are appropriately considered in the implementation of laws, regulations, and executive
branch policies related to efforts to protect the Nation against
terrorism.
(4) REPORTS TO CONGRESS.—Not less frequently than
annually, the Board shall prepare a report to Congress,
unclassified to the greatest extent possible (with a classified
annex, if necessary), on the Board’s major activities during
the preceding period.
(d) ACCESS TO INFORMATION.—
(1) AUTHORIZATION.—If determined by the Board to be necessary to carry out its responsibilities under this section, the
Board is authorized, to the extent permitted by law, to—
(A) have access from any department or agency of
the executive branch, or any Federal officer or employee
of any such department or agency, to all relevant records,
reports, audits, reviews, documents, papers, recommendations, or other relevant material, including classified
information consistent with applicable law;
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(B) interview or take statements from officers of any
department or agency of the executive branch;
(C) request information or assistance from any State,
tribal, or local government; and
(D)(i) request that persons (other than departments,
agencies, and elements of the executive branch) produce
for the Board relevant information, documents, reports,
answers, records, accounts, papers, and other documentary
and testimonial evidence; and
(ii) if the person to whom such a request is directed
does not comply with the request within 45 days of receipt
of such request, notify the Attorney General of such person’s failure to comply with such request, which notice
shall include all relevant information.
(2) PRODUCTION OF INFORMATION AND EVIDENCE.—
(A) EXPLANATION OF NONCOMPLIANCE.—Upon receiving
notification under paragraph (1)(D)(ii) regarding a request,
the Attorney General shall provide an opportunity for the
person subject to the request to explain the reasons for
not complying with the request.
(B) ACTION BY ATTORNEY GENERAL.—Upon receiving
notification under paragraph (1)(D)(ii) regarding a request,
the Attorney General shall review the request and may
take such steps as appropriate to ensure compliance with
the request for the information, documents, reports,
answers, records, accounts, papers, and other documentary
and testimonial evidence covered by the request.
(3) AGENCY COOPERATION.—Whenever information or
assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused
or not provided, the Board shall report the circumstances to
the head of the department or agency concerned without delay.
If the requested information or assistance may be provided
to the Board in accordance with applicable law, the head of
the department or agency concerned shall ensure compliance
with such request.
(4) EXCEPTIONS FOR NATIONAL SECURITY.—
(A) IN GENERAL.—If the National Intelligence Director,
in consultation with the Attorney General, determines that
it is necessary to withhold information requested under
paragraph (3) to protect the national security interests
of the United States, the head of the department or agency
concerned shall not furnish such information to the Board.
(B) CERTAIN INFORMATION.—If the Attorney General
determines that it is necessary to withhold information
requested under paragraph (3) from disclosure to protect
sensitive law enforcement or counterterrorism information
or ongoing operations, the head of the department or agency
concerned shall not furnish such information to the Board.
(e) MEMBERSHIP.—
(1) MEMBERS.—
(A) IN GENERAL.—The Board shall be composed of a
chairman, a vice chairman, and three additional members
appointed by the President.
(B) CHAIRMAN AND VICE CHAIRMAN.—The chairman and
vice chairman shall each be appointed by the President,
by and with the advice and consent of the Senate.
Deadline.
Notification.
Reports.
President.
President.
Congress.
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(C) APPOINTMENT REQUIREMENTS.—Any individual
appointed to the Board shall be appointed from among
trustworthy and distinguished citizens outside the Federal
Government who are qualified on the basis of achievement,
experience, and independence.
(D) FULL-TIME SERVICE OF CHAIRMAN.—The chairman
may serve on a full-time basis.
(E) SERVICE AT PLEASURE OF PRESIDENT.—The chairman, vice chairman, and other members of the Board shall
each serve at the pleasure of the President.
(2) INCOMPATIBLE OFFICE.—An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government, other
than in the capacity as a member of the Board.
(3) QUORUM AND MEETINGS.—The Board shall meet upon
the call of the chairman or a majority of its members. Three
members of the Board shall constitute a quorum.
(f) COMPENSATION AND TRAVEL EXPENSES.—
(1) COMPENSATION.—
(A) CHAIRMAN ON FULL-TIME BASIS.—If the chairman
serves on a full-time basis, the rate of pay for the chairman
shall be the annual rate of basic pay in effect for a position
at level III of the Executive Schedule under section 5314
of title 5, United States Code.
(B) CHAIRMAN AND VICE CHAIRMAN ON PART-TIME
BASIS.—The chairman, if serving on a part-time basis, and
the vice chairman shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
in effect for a position at level III of the Executive Schedule
under section 5314 of title 5, United States Code, for each
day during which such official is engaged in the actual
performance of the duties of the Board.
(C) MEMBERS.—Each member of the Board shall be
compensated at a rate equal to the daily equivalent of
the annual rate of basic pay in effect for a position at
level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the
duties of the Board.
(2) TRAVEL EXPENSES.—Members of the Board shall be
allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently
by the Federal Government under section 5703(b) of title 5,
United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
(g) STAFF.—
(1) APPOINTMENT AND COMPENSATION.—The chairman, in
accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of an executive director and such
other personnel as may be necessary to enable the Board to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates, except that
no rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
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PUBLIC LAW 108–458—DEC. 17, 2004
Executive Schedule under section 5316 of title 5, United States
Code.
(2) DETAILEES.—Federal employees may be detailed to the
Board without reimbursement from the Board, and such
detailee shall retain the rights, status, and privileges of the
detailee’s regular employment without interruption.
(3) CONSULTANT SERVICES.—The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States Code,
at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under
section 5315 of such title.
(h) SECURITY CLEARANCES.—The appropriate departments and
agencies of the executive branch shall cooperate with the Board
to expeditiously provide Board members and staff with appropriate
security clearances to the extent possible under applicable procedures and requirements. Promptly upon commencing its work, the
Board shall adopt, after consultation with the Secretary of Defense,
the Attorney General, and the National Intelligence Director, rules
and procedures of the Board for physical, communications, computer, document, personnel, and other security in relation to the
work of the Board.
(i) APPLICABILITY OF CERTAIN LAWS.—
(1) FEDERAL ADVISORY COMMITTEE ACT.—The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply with
respect to the Board and its activities.
(2) FREEDOM OF INFORMATION ACT.—For purposes of the
Freedom of Information Act, the Board shall be treated as
an agency (as that term is defined in section 551(1) of title
5, United States Code).
(j) CONSTRUCTION.—Except as otherwise provided in this section, nothing in this section shall be construed to require any
consultation with the Board by any department or agency of the
executive branch or any Federal officer or employee, or any waiting
period that must be observed by any department or agency of
the executive branch or any Federal officer or employee, before
developing, proposing, or implementing any legislation, law, regulation, policy, or guideline related to efforts to protect the Nation
from terrorism.
(k) PRESIDENTIAL RESPONSIBILITY.—The Board shall perform
its functions within the executive branch and under the general
supervision of the President.
(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND
CIVIL LIBERTIES OFFICERS.
It is the sense of Congress that each executive department
or agency with law enforcement or antiterrorism functions should
designate a privacy and civil liberties officer.
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118 STAT. 3689
Subtitle G—Conforming and Other
Amendments
SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF
DIRECTOR OF NATIONAL INTELLIGENCE AND DIRECTOR
OF THE CENTRAL INTELLIGENCE AGENCY.
(a) NATIONAL SECURITY ACT OF 1947.—(1) The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by striking
‘‘Director of Central Intelligence’’ each place it appears in the following provisions and inserting ‘‘Director of National Intelligence’’:
(A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(D) Section 101(j) (50 U.S.C. 402(j)).
(E) Section 105(a) (50 U.S.C. 403–5(a)).
(F) Section 105(b)(6)(A) (50 U.S.C. 403–5(b)(6)(A)).
(G) Section 105B(a)(1) (50 U.S.C. 403–5b(a)(1)).
(H) Section 105B(b) (50 U.S.C. 403–5b(b)), the first place
it appears.
(I) Section 110(b) (50 U.S.C. 404e(b)).
(J) Section 110(c) (50 U.S.C. 404e(c)).
(K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(Q) Section 115(b) (50 U.S.C. 404j(b)).
(R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(S) Section 116(a) (50 U.S.C. 404k(a)).
(T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(U) Section 303(a) (50 U.S.C. 405(a)), both places it appears.
(V) Section 501(d) (50 U.S.C. 413(d)).
(W) Section 502(a) (50 U.S.C. 413a(a)).
(X) Section 502(c) (50 U.S.C. 413a(c)).
(Y) Section 503(b) (50 U.S.C. 413b(b)).
(Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(BB) Section 506A(a)(1) (50 U.S.C. 415a–1(a)(1)).
(CC) Section 603(a) (50 U.S.C. 423(a)).
(DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(EE) Section 702(a)(6)(B)(viii) (50 U.S.C. 432(a)(6)(B)(viii)).
(FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places
it appears.
(GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(HH)
Section
703(a)(6)(B)(viii)
(50
U.S.C.
432a(a)(6)(B)(viii)).
(II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places
it appears.
(JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(KK) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places
it appears.
(MM) Section 1001(a) (50 U.S.C. 441g(a)).
(NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
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(PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(QQ) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking ‘‘of Central Intelligence’’ each place it appears in the following provisions:
(A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403–5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403–5b(b)), the second place
it appears.
(3) That Act is further amended by striking ‘‘Director’’ each
place it appears in the following provisions and inserting ‘‘Director
of National Intelligence’’:
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(F) Section 1001(e) (50 U.S.C. 441g(e)), the first place it
appears.
(4) Section 114A of that Act (50 U.S.C. 404i–1) is amended
by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director
of National Intelligence, the Director of the Central Intelligence
Agency’’
(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended
by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director
of the Central Intelligence Agency’’.
(6) Section 701 of that Act (50 U.S.C. 431) is amended—
(A) in subsection (a), by striking ‘‘Operational files of the
Central Intelligence Agency may be exempted by the Director
of Central Intelligence’’ and inserting ‘‘The Director of the Central Intelligence Agency, with the coordination of the Director
of National Intelligence, may exempt operational files of the
Central Intelligence Agency’’; and
(B) in subsection (g)(1), by striking ‘‘Director of Central
Intelligence’’ and inserting ‘‘Director of the Central Intelligence
Agency and the Director of National Intelligence’’.
(7) The heading for section 114 of that Act (50 U.S.C. 404i)
is amended to read as follows:
‘‘ADDITIONAL
ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL
INTELLIGENCE’’.
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—(1) The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is
amended by striking ‘‘Director of Central Intelligence’’ each place
it appears in the following provisions and inserting ‘‘Director of
National Intelligence’’:
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it appears.
(2) That Act is further amended by striking ‘‘of Central Intelligence’’ in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(D) Section 20(c) (50 U.S.C. 403t(c)).
(3) That Act is further amended by striking ‘‘Director of Central
Intelligence’’ each place it appears in the following provisions and
inserting ‘‘Director of the Central Intelligence Agency’’:
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(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it
appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—Section
101 of the Central Intelligence Agency Retirement Act (50 U.S.C.
2001) is amended by striking paragraph (2) and inserting the following new paragraph (2):
‘‘(2) DIRECTOR.—The term ‘Director’ means the Director
of the Central Intelligence Agency.’’.
(d) CIA VOLUNTARY SEPARATION PAY ACT.—Subsection (a)(1)
of section 2 of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 2001 note) is amended to read as follows:
‘‘(1) the term ‘Director’ means the Director of the Central
Intelligence Agency;’’.
(e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.—(1)
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by striking ‘‘Director of Central Intelligence’’
each place it appears and inserting ‘‘Director of National Intelligence’’.
(f) CLASSIFIED INFORMATION PROCEDURES ACT.—Section 9(a)
of the Classified Information Procedures Act (5 U.S.C. App.) is
amended by striking ‘‘Director of Central Intelligence’’ and inserting
‘‘Director of National Intelligence’’.
(g) INTELLIGENCE AUTHORIZATION ACTS.—
(1) PUBLIC LAW 103–359.—Section 811(c)(6)(C) of the
Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103–359) is amended by striking
‘‘Director of Central Intelligence’’ and inserting ‘‘Director of
National Intelligence’’.
(2) PUBLIC LAW 107–306.—(A) The Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107–306) is amended
by striking ‘‘Director of Central Intelligence, acting as the head
of the intelligence community,’’ each place it appears in the
following provisions and inserting ‘‘Director of National Intelligence’’:
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n–2(a)(1))
(B) That Act is further amended by striking ‘‘Director of
Central Intelligence’’ each place it appears in the following
provisions and inserting ‘‘Director of National Intelligence’’:
(i) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
(ii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
(iii) Section 904(h) (50 U.S.C. 402c(h)), each place it
appears.
(iv) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n–1) is amended
by striking ‘‘Director of Central Intelligence, acting as the head
of the intelligence community, shall establish in the Central
Intelligence Agency’’ and inserting ‘‘Director of National Intelligence shall establish within the Central Intelligence Agency’’.
(D) Section 352(b) of that Act (50 U.S.C. 404–3 note) is
amended by striking ‘‘Director’’ and inserting ‘‘Director of
National Intelligence’’.
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50 USC 403–4
note.
18 USC app. 9.
50 USC 402a.
50 USC 403–3
note.
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PUBLIC LAW 108–458—DEC. 17, 2004
(3) PUBLIC LAW 108–177.—(A) The Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108–177) is amended
by striking ‘‘Director of Central Intelligence’’ each place it
appears in the following provisions and inserting ‘‘Director of
National Intelligence’’:
(i) Section 317(a) (50 U.S.C. 403–3 note).
(ii) Section 317(h)(1).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both places it
appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is
amended by striking ‘‘Director’’ the first place it appears and
inserting ‘‘Director of National Intelligence’’.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is amended
by striking ‘‘Director of Central Intelligence’’ and inserting
‘‘Director of the Central Intelligence Agency’’.
SEC. 1072. OTHER CONFORMING AMENDMENTS
(a) NATIONAL SECURITY ACT OF 1947.—(1) Section 101(j) of
the National Security Act of 1947 (50 U.S.C. 402(j)) is amended
by striking ‘‘Deputy Director of Central Intelligence’’ and inserting
‘‘Principal Deputy Director of National Intelligence’’.
(2) Section 105(a) of that Act (50 U.S.C. 403–5(a)) is amended
by striking ‘‘The Secretary’’ in the matter preceding paragraph
(1) and inserting ‘‘Consistent with sections 102 and 102A, the
Secretary’’.
(3) Section 105(b) of that Act (50 U.S.C. 403–5(b)) is amended
by striking ‘‘103 and 104’’ in the matter preceding paragraph (1)
and inserting ‘‘102 and 102A’’.
(4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is
amended by striking ‘‘section 103(c)(6) of this Act’’ and inserting
‘‘section 102A(i) of this Act’’.
(5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended
by striking ‘‘to the Deputy Director of Central Intelligence, or with
respect to employees of the Central Intelligence Agency, the Director
may delegate such authority to the Deputy Director for Operations’’
and inserting ‘‘to the Principal Deputy Director of National Intelligence, or with respect to employees of the Central Intelligence
Agency, to the Director of the Central Intelligence Agency’’.
(6) Section 506A(b)(1) of that Act (50 U.S.C. 415a–1(b)(1)) is
amended by striking ‘‘Office of the Deputy Director of Central
Intelligence’’ and inserting ‘‘Office of the Director of National Intelligence’’.
(7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended
by striking ‘‘Office of the Director of Central Intelligence’’ and
inserting ‘‘Office of the Director of National Intelligence’’.
(8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended
by striking ‘‘Assistant Director of Central Intelligence for Administration’’ and inserting ‘‘Office of the Director of National Intelligence’’.
(b) CENTRAL INTELLIGENCE ACT OF 1949.—Section 6 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended
by striking ‘‘section 103(c)(7) of the National Security Act of 1947
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(50 U.S.C. 403–3(c)(7))’’ and inserting ‘‘section 102A(i) of the
National Security Act of 1947’’.
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—Section
201(c) of the Central Intelligence Agency Retirement Act (50 U.S.C.
2011(c)) is amended by striking ‘‘paragraph (6) of section 103(c)
of the National Security Act of 1947 (50 U.S.C. 403–3(c)) that
the Director of Central Intelligence’’ and inserting ‘‘section 102A(i)
of the National Security Act of 1947 (50 U.S.C. 403–3(c)(1)) that
the Director of National Intelligence’’.
(d) INTELLIGENCE AUTHORIZATION ACTS.—
(1) PUBLIC LAW 107–306.—(A) Section 343(c) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107–306; 50 U.S.C. 404n–2(c)) is amended by striking ‘‘section
103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403–
3((c)(6))’’ and inserting ‘‘section 102A(i) of the National Security
Act of 1947 (50 U.S.C. 403–3(c)(1))’’.
(B)(i) Section 902 of that Act (also known as the Counterintelligence Enhancements Act of 2002) (50 U.S.C. 402b) is
amended by striking ‘‘President’’ each place it appears and
inserting ‘‘Director of National Intelligence’’.
(ii) Section 902(a)(2) of that Act is amended by striking
‘‘Director of Central Intelligence’’ and inserting ‘‘Director of
the Central Intelligence Agency’’.
(C) Section 904 of that Act (50 U.S.C. 402c) is amended—
(i) in subsection (c), by striking ‘‘Office of the Director
of Central Intelligence’’ and inserting ‘‘Office of the Director
of National Intelligence’’; and
(ii) in subsection (l), by striking ‘‘Office of the Director
of Central Intelligence’’ and inserting ‘‘Office of the Director
of National Intelligence’’.
(2) PUBLIC LAW 108–177.—(A) Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108–177;
50 U.S.C. 403–3 note) is amended—
(i) in subsection (g), by striking ‘‘Assistant Director
of Central Intelligence for Analysis and Production’’ and
inserting ‘‘Deputy Director of National Intelligence’’; and
(ii) in subsection (h)(2)(C), by striking ‘‘Assistant
Director’’ and inserting ‘‘Deputy Director of National Intelligence’’.
(B) Section 318(e) of that Act (50 U.S.C. 441g note) is
amended by striking ‘‘Assistant Director of Central Intelligence
for Analysis and Production’’ and inserting ‘‘Deputy Director
of National Intelligence’’.
SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY
NATIONAL SECURITY ACT OF 1947.
UNDER
Paragraph (4) of section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended to read as follows:
‘‘(4) The term ‘intelligence community’ includes the following:
‘‘(A) The Office of the Director of National Intelligence.
‘‘(B) The Central Intelligence Agency.
‘‘(C) The National Security Agency.
‘‘(D) The Defense Intelligence Agency.
‘‘(E) The National Geospatial-Intelligence Agency.
‘‘(F) The National Reconnaissance Office.
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‘‘(G) Other offices within the Department of Defense
for the collection of specialized national intelligence through
reconnaissance programs.
‘‘(H) The intelligence elements of the Army, the Navy,
the Air Force, the Marine Corps, the Federal Bureau of
Investigation, and the Department of Energy.
‘‘(I) The Bureau of Intelligence and Research of the
Department of State.
‘‘(J) The Office of Intelligence and Analysis of the
Department of the Treasury.
‘‘(K) The elements of the Department of Homeland
Security concerned with the analysis of intelligence
information, including the Office of Intelligence of the Coast
Guard.
‘‘(L) Such other elements of any other department or
agency as may be designated by the President, or designated jointly by the Director of National Intelligence
and the head of the department or agency concerned, as
an element of the intelligence community.’’.
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE
PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.
(a) REDESIGNATION.—Paragraph (6) of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a) is amended by striking
‘‘Foreign’’.
(b) CONFORMING AMENDMENTS.—(1)(A) Section 506 of the
National Security Act of 1947 (50 U.S.C. 415a) is amended—
(i) in subsection (a), by striking ‘‘National Foreign Intelligence Program’’ and inserting ‘‘National Intelligence Program’’; and
(ii) in the section heading, by striking ‘‘FOREIGN’’.
(B) Section 105 of that Act (50 U.S.C. 403–5) is amended—
(i) in paragraphs (2) and (3) of subsection (a), by striking
‘‘National Foreign Intelligence Program’’ and inserting
‘‘National Intelligence Program’’; and
(ii) in the section heading, by striking ‘‘FOREIGN’’.
(2) Section 17(f) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(f)) is amended by striking ‘‘National Foreign Intelligence Program’’ and inserting ‘‘National Intelligence Program’’.
SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY.
Section 111 of the National Security Act of 1947 (50 U.S.C.
404f) is repealed.
SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF
1947.
The table of contents in the first section of the National Security
Act of 1947 is amended—
(1) by striking the items relating to sections 102 through
105 and inserting the following new items:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
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102.
102A.
103.
103A.
103B.
103C.
103D.
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Joint Intelligence Community Council.
Director of National Intelligence.
Responsibilities and authorities of the Director of National Intelligence.
Office of the Director of National Intelligence.
Deputy Directors of National Intelligence.
National Intelligence Council.
General Counsel.
Civil Liberties Protection Officer.
Director of Science and Technology.
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‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
103F.
104.
104A.
105.
118 STAT. 3695
National Counterintelligence Executive.
Central Intelligence Agency.
Director of the Central Intelligence Agency.
Responsibilities of the Secretary of Defense pertaining to the National
Intelligence Program.’’;
(2) by striking the item relating to section 111;
(3) by striking the item relating to section 114 and inserting
the following new item:
‘‘Sec. 114.
Additional annual reports from the Director of National Intelligence.’’;
(4) by inserting after the item relating to section 118 the
following new items:
‘‘Sec. 119. National Counterterrorism Center.
‘‘Sec. 119A. National Counter Proliferation Center.
‘‘Sec. 119B. National intelligence centers.
(5) by striking the item relating to section 506 and inserting
the following new item:
‘‘Sec. 506.
Specificity of National Intelligence Program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and counterintelligence.’’;
and
(6) by inserting after the item relating to section 1001
the following new items:
‘‘Sec. 1002.
‘‘Sec. 1003.
Framework for cross-disciplinary education and training.
Intelligence Community Scholarship Program.’’.
SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING
DUAL SERVICE OF THE DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 1 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403a) is amended—
(1) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively; and
(2) by striking paragraph (2), as so redesignated, and
inserting the following new paragraph (2):
‘‘(2) ‘Director’ means the Director of the Central Intelligence
Agency; and’’.
SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended
by inserting after section 8J the following new section:
‘‘AUTHORITY
TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 8K. If the Director of National Intelligence determines
that an Office of Inspector General would be beneficial to improving
the operations and effectiveness of the Office of the Director of
National Intelligence, the Director of National Intelligence is
authorized to establish, with any of the duties, responsibilities,
and authorities set forth in this Act, an Office of Inspector General.’’.
SEC. 1079. ETHICS MATTERS.
(a) POLITICAL SERVICE OF PERSONNEL.—Section 7323(b)(2)(B)(i)
of title 5, United States Code, is amended—
(1) in subclause (XII), by striking ‘‘or’’ at the end; and
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5 USC app. 105.
PUBLIC LAW 108–458—DEC. 17, 2004
(2) by inserting after subclause (XIII) the following new
subclause:
‘‘(XIV) the Office of the Director of National Intelligence; or’’.
(b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS.—Section
7342(f)(4) of title 5, United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(2) in subparagraph (A), as so designated, by striking ‘‘the
Director of Central Intelligence’’ and inserting ‘‘the Director
of the Central Intelligence Agency’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) In transmitting such listings for the Office of the Director
of National Intelligence, the Director of National Intelligence may
delete the information described in subparagraphs (A) and (C) of
paragraphs (2) and (3) if the Director certifies in writing to the
Secretary of State that the publication of such information could
adversely affect United States intelligence sources.’’.
(c) EXEMPTION FROM FINANCIAL DISCLOSURES.—Section
105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) is
amended by inserting ‘‘the Office of the Director of National Intelligence,’’ before ‘‘the Central Intelligence Agency’’.
SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF
NATIONAL INTELLIGENCE TO ACQUIRE AND MANAGE
PROPERTY AND SERVICES.
Section 113(e) of title 40, United States Code, is amended—
(1) in paragraph (18), by striking ‘‘or’’ at the end;
(2) in paragraph (19), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(20) the Office of the Director of National Intelligence.’’.
50 USC 401 note.
SEC. 1081. GENERAL REFERENCES.
(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF INTELCOMMUNITY.—Any reference to the Director of Central
Intelligence or the Director of the Central Intelligence Agency in
the Director’s capacity as the head of the intelligence community
in any law, regulation, document, paper, or other record of the
United States shall be deemed to be a reference to the Director
of National Intelligence.
(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA.—
Any reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director’s capacity as
the head of the Central Intelligence Agency in any law, regulation,
document, paper, or other record of the United States shall be
deemed to be a reference to the Director of the Central Intelligence
Agency.
(c) COMMUNITY MANAGEMENT STAFF.—Any reference to the
Community Management Staff in any law, regulation, document,
paper, or other record of the United States shall be deemed to
be a reference to the staff of the Office of the Director of National
Intelligence.
LIGENCE
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118 STAT. 3697
Subtitle H—Transfer, Termination,
Transition, and Other Provisions
SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
50 USC 401 note.
(a) TRANSFER.—There shall be transferred to the Office of the
Director of National Intelligence such staff of the Community
Management Staff as of the date of the enactment of this Act
as the Director of National Intelligence determines to be appropriate, including all functions and activities discharged by the
Community Management Staff as of that date.
(b) ADMINISTRATION.—The Director of National Intelligence
shall administer the Community Management Staff after the date
of the enactment of this Act as a component of the Office of the
Director of National Intelligence under section 103 of the National
Security Act of 1947, as amended by section 1011(a) of this Act.
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
50 USC 401 note.
(a) TRANSFER.—There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center
(TTIC) or its successor entity, including all functions and activities
discharged by the Terrorist Threat Integration Center or its successor entity as of the date of the enactment of this Act.
(b)
ADMINISTRATION.—The
Director
of
the
National
Counterterrorism Center shall administer the Terrorist Threat
Integration Center after the date of the enactment of this Act
as a component of the Directorate of Intelligence of the National
Counterterrorism Center under section 119(i) of the National Security Act of 1947, as added by section 1021(a) of this Act.
SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS
OF CENTRAL INTELLIGENCE.
50 USC 401 note.
(a) TERMINATION.—The positions referred to in subsection (b)
are hereby abolished.
(b) COVERED POSITIONS.—The positions referred to in this subsection are as follows:
(1) The Assistant Director of Central Intelligence for Collection.
(2) The Assistant Director of Central Intelligence for Analysis and Production.
(3) The Assistant Director of Central Intelligence for
Administration.
SEC. 1094. IMPLEMENTATION PLAN.
The President shall transmit to Congress a plan for the
implementation of this title and the amendments made by this
title. The plan shall address, at a minimum, the following:
(1) The transfer of personnel, assets, and obligations to
the Director of National Intelligence pursuant to this title.
(2) Any consolidation, reorganization, or streamlining of
activities transferred to the Director of National Intelligence
pursuant to this title.
(3) The establishment of offices within the Office of the
Director of National Intelligence to implement the duties and
responsibilities of the Director of National Intelligence as
described in this title.
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President.
50 USC 401 note.
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(4) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and obligations
to be transferred to the Director of National Intelligence.
(5) Recommendations for additional legislative or administrative action as the President considers appropriate.
50 USC 401 note.
SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE
IMPLEMENTATION
OF
INTELLIGENCE
REFORM.
REPORT ON
COMMUNITY
(a) REPORT.—Not later than one year after the effective date
of this Act, the Director of National Intelligence shall submit to
the congressional intelligence committees a report on the progress
made in the implementation of this title, including the amendments
made by this title. The report shall include a comprehensive description of the progress made, and may include such recommendations
for additional legislative or administrative action as the Director
considers appropriate.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
50 USC 401 note.
SEC. 1096. TRANSITIONAL AUTHORITIES.
(a) IN GENERAL.—Upon the request of the Director of National
Intelligence, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to the Director
of National Intelligence.
(b) TRANSFER OF PERSONNEL.—In addition to any other authorities available under law for such purposes, in the fiscal year after
the effective date of this Act, the Director of National Intelligence—
(1) is authorized within the Office of the Director of
National Intelligence 500 new personnel billets; and
(2) with the approval of the Director of the Office of
Management and Budget, may detail not more than 150 personnel funded within the National Intelligence Program to the
Office of the Director of National Intelligence for a period
of not more than 2 years.
50 USC 401 note.
President.
Regulations.
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SEC. 1097. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise expressly provided in
this Act, this title and the amendments made by this title shall
take effect not later than six months after the date of the enactment
of this Act.
(b) SPECIFIC EFFECTIVE DATES.—(1)(A) Not later than 60 days
after the date of the appointment of the first Director of National
Intelligence, the Director of National Intelligence shall first appoint
individuals to positions within the Office of the Director of National
Intelligence.
(B) Subparagraph (A) shall not apply with respect to the Principal Deputy Director of National Intelligence.
(2) Not later than 180 days after the effective date of this
Act, the President shall transmit to Congress the implementation
plan required by section 1094.
(3) Not later than one year after the date of the enactment
of this Act, the Director of National Intelligence shall prescribe
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regulations, policies, procedures, standards, and guidelines required
under section 102A of the National Security Act of 1947, as amended
by section 1011(a) of this Act.
Subtitle I—Other Matters
SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY
EDUCATION SCHOOL SELECTION RATES FOR MILITARY
INTELLIGENCE OFFICERS.
(a) STUDY.—The Secretary of Defense shall conduct a study
of the promotion selection rates, and the selection rates for attendance at professional military education schools, of intelligence officers of the Armed Forces, particularly in comparison to the rates
for other officers of the same Armed Force who are in the same
grade and competitive category.
(b) REPORT.—The Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report providing the Secretary’s findings resulting from the study
under subsection (a) and the Secretary’s recommendations (if any)
for such changes in law as the Secretary considers needed to ensure
that intelligence officers, as a group, are selected for promotion,
and for attendance at professional military education schools, at
rates not less than the rates for all line (or the equivalent) officers
of the same Armed Force (both in the zone and below the zone)
in the same grade. The report shall be submitted not later than
April 1, 2005.
SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF
PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) DIRECTION.—Section 703(a) of the Public Interest Declassification Act of 2000 (title VII of Public Law 106–567; 114 Stat.
2856; 50 U.S.C. 435 note) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘ESTABLISHMENT.—’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The Board shall report directly to the President or, upon
designation by the President, the Vice President, the Attorney General, or other designee of the President. The other designee of
the President under this paragraph may not be an agency head
or official authorized to classify information under Executive Order
12958, or any successor order.’’.
(b) PURPOSES.—Section 703(b) of that Act (114 Stat. 2856)
is amended by adding at the end the following new paragraph:
‘‘(5) To review and make recommendations to the President
in a timely manner with respect to any congressional request,
made by the committee of jurisdiction, to declassify certain
records or to reconsider a declination to declassify specific
records.’’.
(c) RECOMMENDATIONS ON SPECIAL SEARCHES.—Section
704(c)(2)(A) of that Act (114 Stat. 2860) is amended by inserting
before the period the following: ‘‘, and also including specific
requests for the declassification of certain records or for the
reconsideration of declinations to declassify specific records’’.
(d) DECLASSIFICATION REVIEWS.—Section 704 of that Act (114
Stat. 2859) is further amended by adding at the end the following
new subsection:
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PUBLIC LAW 108–458—DEC. 17, 2004
‘‘(e) DECLASSIFICATION REVIEWS.—If requested by the President,
the Board shall review in a timely manner certain records or
declinations to declassify specific records, the declassification of
which has been the subject of specific congressional request
described in section 703(b)(5).’’.
(e) NOTIFICATION OF REVIEW.—Section 706 of that Act (114
Stat. 2861) is amended by adding at the end the following new
subsection:
‘‘(f) NOTIFICATION OF REVIEW.—In response to a specific congressional request for declassification review described in section
703(b)(5), the Board shall advise the originators of the request
in a timely manner whether the Board intends to conduct such
review.’’.
(f) EXTENSION.—Section 710(b) of that Act (114 Stat. 2864)
is amended by striking ‘‘4 years’’ and inserting ‘‘8 years’’.
50 USC 401 note.
SEC. 1103. SEVERABILITY.
If any provision of this Act, or an amendment made by this
Act, or the application of such provision to any person or circumstance is held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other those
to which such provision is held invalid shall not be affected thereby.
TITLE II—FEDERAL BUREAU OF
INVESTIGATION
28 USC 532 note.
SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE
FEDERAL BUREAU OF INVESTIGATION.
(a) FINDINGS.—Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon
the United States in its final report stated that, under Director
Robert Mueller, the Federal Bureau of Investigation has made
significant progress in improving its intelligence capabilities.
(2) In the report, the members of the Commission also
urged that the Federal Bureau of Investigation fully institutionalize the shift of the Bureau to a preventive
counterterrorism posture.
(b) IMPROVEMENT OF INTELLIGENCE CAPABILITIES.—The
Director of the Federal Bureau of Investigation shall continue efforts
to improve the intelligence capabilities of the Federal Bureau of
Investigation and to develop and maintain within the Bureau a
national intelligence workforce.
(c) NATIONAL INTELLIGENCE WORKFORCE.—(1) In developing
and maintaining a national intelligence workforce under subsection
(b), the Director of the Federal Bureau of Investigation shall,
develop and maintain a specialized and integrated national intelligence workforce consisting of agents, analysts, linguists, and
surveillance specialists who are recruited, trained, and rewarded
in a manner which ensures the existence within the Federal Bureau
of Investigation an institutional culture with substantial expertise
in, and commitment to, the intelligence mission of the Bureau.
(2) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both criminal
justice matters and national intelligence matters.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent practicable,
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be given the opportunity to undergo, during such agent’s early
service with the Bureau, meaningful assignments in criminal justice
matters and in national intelligence matters.
(4) The Director shall—
(A) establish career positions in national intelligence matters for agents, analysts, and related personnel of the Bureau;
and
(B) in furtherance of the requirement under subparagraph
(A) and to the maximum extent practicable, afford agents,
analysts, and related personnel of the Bureau the opportunity
to work in the career specialty selected by such agents, analysts,
and related personnel over their entire career with the Bureau.
(5) The Director shall carry out a program to enhance the
capacity of the Bureau to recruit and retain individuals with backgrounds in intelligence, international relations, language, technology, and other skills relevant to the intelligence mission of
the Bureau.
(6) The Director shall, to the maximum extent practicable,
afford the analysts of the Bureau training and career opportunities
commensurate with the training and career opportunities afforded
analysts in other elements of the intelligence community.
(7) Commencing as soon as practicable after the date of the
enactment of this Act, each direct supervisor of a Field Intelligence
Group, and each Bureau Operational Manager at the Section Chief
and Assistant Special Agent in Charge (ASAC) level and above,
shall be a certified intelligence officer.
(8) The Director shall, to the maximum extent practicable,
ensure that the successful discharge of advanced training courses,
and of one or more assignments to another element of the intelligence community, is a precondition to advancement to higher
level intelligence assignments within the Bureau.
(d) FIELD OFFICE MATTERS.—(1) In improving the intelligence
capabilities of the Federal Bureau of Investigation under subsection
(b), the Director of the Federal Bureau of Investigation shall ensure
that each Field Intelligence Group reports directly to a field office
senior manager responsible for intelligence matters.
(2) The Director shall provide for such expansion of the secure
facilities in the field offices of the Bureau as is necessary to ensure
the discharge by the field offices of the intelligence mission of
the Bureau.
(3) The Director shall require that each Field Intelligence Group
manager ensures the integration of analysts, agents, linguists, and
surveillance personnel in the field.
(e) DISCHARGE OF IMPROVEMENTS.—(1) The Director of the Federal Bureau of Investigation shall carry out subsections (b) through
(d) through the head of the Directorate of Intelligence of the Federal
Bureau of Investigation.
(2) The Director of the Federal Bureau of Investigation shall
carry out subsections (b) through (d) under the joint guidance
of the Attorney General and the National Intelligence Director
in a manner consistent with section 112(e).
(f) BUDGET MATTERS.—The Director of the Federal Bureau
of Investigation shall, establish a budget structure of the Federal
Bureau of Investigation to reflect the four principal missions of
the Bureau as follows:
(1) Intelligence.
(2) Counterterrorism and counterintelligence.
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PUBLIC LAW 108–458—DEC. 17, 2004
(3) Criminal Enterprises/Federal Crimes.
(4) Criminal justice services.
(g) REPORTS.—(1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation shall submit to Congress a report on the progress
made as of the date of such report in carrying out the requirements
of this section.
(2) The Director shall include in each annual program review
of the Federal Bureau of Investigation that is submitted to Congress
a report on the progress made by each field office of the Bureau
during the period covered by such review in addressing Bureau
and national program priorities.
(3) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shall
submit to Congress a report assessing the qualifications, status,
and roles of analysts at Bureau headquarters and in the field
offices of the Bureau.
(4) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shall
submit to Congress a report on the progress of the Bureau in
implementing information-sharing principles.
Government
organization.
28 USC 532 note.
28 USC 532 note.
SEC. 2002. DIRECTORATE OF INTELLIGENCE
BUREAU OF INVESTIGATION.
OF
THE
FEDERAL
(a) DIRECTORATE OF INTELLIGENCE OF FEDERAL BUREAU OF
INVESTIGATION.—The element of the Federal Bureau of Investigation known as of the date of the enactment of this Act as the
Office of Intelligence is hereby redesignated as the Directorate
of Intelligence of the Federal Bureau of Investigation.
(b) HEAD OF DIRECTORATE.—The head of the Directorate of
Intelligence shall be the Executive Assistant Director for Intelligence of the Federal Bureau of Investigation.
(c) RESPONSIBILITIES.—The Directorate of Intelligence shall be
responsible for the following:
(1) Supervision of all national intelligence programs,
projects, and activities of the Bureau.
(2) The discharge by the Bureau of the requirements in
section 105B of the National Security Act of 1947 (50 U.S.C.
403–5b).
(3) The oversight of Bureau field intelligence operations.
(4) Coordinating human source development and management by the Bureau.
(5) Coordinating collection by the Bureau against nationally-determined intelligence requirements.
(6) Strategic analysis.
(7) Intelligence program and budget management.
(8) The intelligence workforce.
(9) Any other responsibilities specified by the Director of
the Federal Bureau of Investigation or specified by law.
(d) STAFF.—The Directorate of Intelligence shall consist of such
staff as the Director of the Federal Bureau of Investigation considers
appropriate for the activities of the Directorate.
SEC. 2003. FEDERAL BUREAU
CAREER SERVICE.
OF
INVESTIGATION
INTELLIGENCE
(a) ESTABLISHMENT OF FEDERAL BUREAU OF INVESTIGATION
INTELLIGENCE CAREER SERVICE.—The Director of the Federal
Bureau of Investigation may—
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(1) in consultation with the Director of the Office of Personnel Management—
(A) establish positions for intelligence analysts, and
prescribe standards and procedures for establishing and
classifying such positions, without regard to chapter 51
of title 5, United States Code; and
(B) fix the rate of basic pay for such positions, without
regard to subchapter III of chapter 53 of title 5, United
States Code, if the rate of pay is not greater than the
rate of basic pay payable for level IV of the Executive
Schedule;
(2) appoint individuals to such positions; and
(3) establish a performance management system for such
individuals with at least one level of performance above a
retention standard.
(b) REPORTING REQUIREMENT.—Not less than 60 days before
the date of the implementation of authorities authorized under
this section, the Director of the Federal Bureau of Investigation
shall submit an operating plan describing the Director’s intended
use of the authorities under this section to the appropriate committees of Congress.
(c) ANNUAL REPORT.—Not later than December 31, 2005, and
annually thereafter for 4 years, the Director of the Federal Bureau
of Investigation shall submit an annual report of the use of the
permanent authorities provided under this section during the preceding fiscal year to the appropriate committees of Congress.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress means’’—
(1) the Committees on Appropriations, Homeland Security
and Governmental Affairs, and the Judiciary and the Select
Committee on Intelligence of the Senate; and
(2) the Committees on Appropriations, Government Reform,
and the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
(a) IN GENERAL.—Chapter 35 of title 5, United States Code,
is amended by adding at the end the following:
‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED
EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
‘‘§ 3598. Federal Bureau of Investigation Reserve Service
‘‘(a) ESTABLISHMENT.—The Director of the Federal Bureau of
Investigation may provide for the establishment and training of
a Federal Bureau of Investigation Reserve Service (hereinafter in
this section referred to as the ‘FBI Reserve Service’) for temporary
reemployment of employees in the Bureau during periods of emergency, as determined by the Director.
‘‘(b) MEMBERSHIP.—Membership in the FBI Reserve Service
shall be limited to individuals who previously served as full-time
employees of the Bureau.
‘‘(c) ANNUITANTS.—If an individual receiving an annuity from
the Civil Service Retirement and Disability Fund on the basis
of such individual’s service becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby.
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An individual so reemployed shall not be considered an employee
for the purposes of chapter 83 or 84.
‘‘(d) NO IMPACT ON BUREAU PERSONNEL CEILING.—FBI Reserve
Service members reemployed on a temporary basis pursuant to
this section shall not count against any personnel ceiling applicable
to the Bureau.
‘‘(e) EXPENSES.—The Director may provide members of the FBI
Reserve Service transportation and per diem in lieu of subsistence,
in accordance with applicable provisions of this title, for the purpose
of participating in any training that relates to service as a member
of the FBI Reserve Service.
‘‘(f) LIMITATION ON MEMBERSHIP.—Membership of the FBI
Reserve Service is not to exceed 500 members at any given time.
‘‘(g) LIMITATION ON DURATION OF SERVICE.—An individual may
not be reemployed under this section for more than 180 days
in connection with any particular emergency unless, in the judgment
of the Director, the public interest so requires.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 35 of title
5, United States Code, is amended by adding at the end the following:
‘‘SUBCHAPTER
VII-RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL
BUREAU OF INVESTIGATION
‘‘3598. Federal Bureau of Investigation Reserve Service.’’.
Applicability.
Termination
date.
SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPARATION AGE.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8335(b) of
title 5, United States Code, is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
(2) by adding at the end the following:
‘‘(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting ‘65 years of age’ for ‘60 years of age’.
The Federal Bureau of Investigation may not grant more than
50 exemptions in any fiscal year in accordance with the preceding sentence, and the authority to grant such exemptions
shall cease to be available after September 30, 2007.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section
8425(b) of title 5, United States Code, is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
(2) by adding at the end the following:
‘‘(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting ‘65 years of age’ for ‘60 years of age’.
The Federal Bureau of Investigation may not grant more than
50 exemptions in any fiscal year in accordance with the preceding sentence, and the authority to grant such exemptions
shall cease to be available after September 30, 2007.’’.
Deadline.
Reports.
28 USC 509 note.
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SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANSLATORS.
Not later than 30 days after the date of the enactment of
this Act, and annually thereafter, the Attorney General of the
United States shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives a report that contains, with respect to each
preceding 12-month period—
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(1) the number of translators employed, or contracted for,
by the Federal Bureau of Investigation or other components
of the Department of Justice;
(2) any legal or practical impediments to using translators
employed by the Federal, State, or local agencies on a fulltime, part-time, or shared basis;
(3) the needs of the Federal Bureau of Investigation for
the specific translation services in certain languages, and recommendations for meeting those needs;
(4) the status of any automated statistical reporting system,
including implementation and future viability;
(5) the storage capabilities of the digital collection system
or systems utilized;
(6) a description of the establishment and compliance with
audio retention policies that satisfy the investigative and intelligence goals of the Federal Bureau of Investigation; and
(7) a description of the implementation of quality control
procedures and mechanisms for monitoring compliance with
quality control procedures.
TITLE III—SECURITY CLEARANCES
SEC. 3001. SECURITY CLEARANCES.
50 USC 435b.
(a) DEFINITIONS.—In this section:
(1) The term ‘‘agency’’ means—
(A) an executive agency (as that term is defined in
section 105 of title 5, United States Code);
(B) a military department (as that term is defined
in section 102 of title 5, United States Code); and
(C) an element of the intelligence community.
(2) The term ‘‘authorized investigative agency’’ means an
agency designated by the head of the agency selected pursuant
to subsection (b) to conduct a counterintelligence investigation
or investigation of persons who are proposed for access to
classified information to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to such information.
(3) The term ‘‘authorized adjudicative agency’’ means an
agency authorized by law, regulation, or direction of the
Director of National Intelligence to determine eligibility for
access to classified information in accordance with Executive
Order 12968.
(4) The term ‘‘highly sensitive program’’ means—
(A) a government program designated as a Special
Access Program (as that term is defined in section 4.1(h)
of Executive Order 12958 or any successor Executive order);
or
(B) a government program that applies restrictions
required for—
(i) restricted data (as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)); or
(ii) other information commonly referred to as ‘‘sensitive compartmented information’’.
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(5) The term ‘‘current investigation file’’ means, with
respect to a security clearance, a file on an investigation or
adjudication that has been conducted during—
(A) the 5-year period beginning on the date the security
clearance was granted, in the case of a Top Secret Clearance, or the date access was granted to a highly sensitive
program;
(B) the 10-year period beginning on the date the security clearance was granted in the case of a Secret Clearance; and
(C) the 15-year period beginning on the date the security clearance was granted in the case of a Confidential
Clearance.
(6) The term ‘‘personnel security investigation’’ means any
investigation required for the purpose of determining the eligibility of any military, civilian, or government contractor personnel to access classified information.
(7) The term ‘‘periodic reinvestigations’’ means investigations conducted for the purpose of updating a previously completed background investigation—
(A) every 5 years in the case of a top secret clearance
or access to a highly sensitive program;
(B) every 10 years in the case of a secret clearance;
or
(C) every 15 years in the case of a Confidential Clearance.
(8) The term ‘‘appropriate committees of Congress’’ means—
(A) the Permanent Select Committee on Intelligence
and the Committees on Armed Services, Homeland Security, Government Reform, and the Judiciary of the House
of Representatives; and
(B) the Select Committee on Intelligence and the
Committees on Armed Services, Homeland Security and
Governmental Affairs, and the Judiciary of the Senate.
(b) SELECTION OF ENTITY.—Not later than 90 days after the
date of the enactment of this Act, the President shall select a
single department, agency, or element of the executive branch to
be responsible for—
(1) directing day-to-day oversight of investigations and
adjudications for personnel security clearances, including for
highly sensitive programs, throughout the United States
Government;
(2) developing and implementing uniform and consistent
policies and procedures to ensure the effective, efficient, and
timely completion of security clearances and determinations
for access to highly sensitive programs, including the standardization of security questionnaires, financial disclosure requirements for security clearance applicants, and polygraph policies
and procedures;
(3) serving as the final authority to designate an authorized
investigative agency or authorized adjudicative agency;
(4) ensuring reciprocal recognition of access to classified
information among the agencies of the United States Government, including acting as the final authority to arbitrate and
resolve disputes involving the reciprocity of security clearances
and access to highly sensitive programs pursuant to subsection
(d);
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(5) ensuring, to the maximum extent practicable, that sufficient resources are available in each agency to achieve clearance
and investigative program goals; and
(6) reviewing and coordinating the development of tools
and techniques for enhancing the conduct of investigations
and granting of clearances.
(c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS.—
(1) Notwithstanding any other provision of law, not later than
180 days after the date of the enactment of this Act, the President
shall, in consultation with the head of the entity selected pursuant
to subsection (b), select a single agency of the executive branch
to conduct, to the maximum extent practicable, security clearance
investigations of employees and contractor personnel of the United
States Government who require access to classified information
and to provide and maintain all security clearances of such
employees and contractor personnel. The head of the entity selected
pursuant to subsection (b) may designate other agencies to conduct
such investigations if the head of the entity selected pursuant
to subsection (b) considers it appropriate for national security and
efficiency purposes.
(2) The agency selected under paragraph (1) shall—
(A) take all necessary actions to carry out the requirements
of this section, including entering into a memorandum of understanding with any agency carrying out responsibilities relating
to security clearances or security clearance investigations before
the date of the enactment of this Act;
(B) as soon as practicable, integrate reporting of security
clearance applications, security clearance investigations, and
determinations of eligibility for security clearances, with the
database required by subsection (e); and
(C) ensure that security clearance investigations are conducted in accordance with uniform standards and requirements
established under subsection (b), including uniform security
questionnaires and financial disclosure requirements.
(d) RECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETERMINATIONS.—(1) All security clearance background investigations
and determinations completed by an authorized investigative agency
or authorized adjudicative agency shall be accepted by all agencies.
(2) All security clearance background investigations initiated
by an authorized investigative agency shall be transferable to any
other authorized investigative agency.
(3)(A) An authorized investigative agency or authorized adjudicative agency may not establish additional investigative or adjudicative requirements (other than requirements for the conduct
of a polygraph examination) that exceed requirements specified
in Executive Orders establishing security requirements for access
to classified information without the approval of the head of the
entity selected pursuant to subsection (b).
(B) Notwithstanding subparagraph (A), the head of the entity
selected pursuant to subsection (b) may establish such additional
requirements as the head of such entity considers necessary for
national security purposes.
(4) An authorized investigative agency or authorized adjudicative agency may not conduct an investigation for purposes of determining whether to grant a security clearance to an individual
where a current investigation or clearance of equal level already
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exists or has been granted by another authorized adjudicative
agency.
(5) The head of the entity selected pursuant to subsection
(b) may disallow the reciprocal recognition of an individual security
clearance by an agency under this section on a case-by-case basis
if the head of the entity selected pursuant to subsection (b) determines that such action is necessary for national security purposes.
(6) The head of the entity selected pursuant to subsection
(b) shall establish a review procedure by which agencies can seek
review of actions required under this section.
(e) DATABASE ON SECURITY CLEARANCES.—(1) Not later than
12 months after the date of the enactment of this Act, the Director
of the Office of Personnel Management shall, in cooperation with
the heads of the entities selected pursuant to subsections (b) and
(c), establish and commence operating and maintaining an
integrated, secure, database into which appropriate data relevant
to the granting, denial, or revocation of a security clearance or
access pertaining to military, civilian, or government contractor
personnel shall be entered from all authorized investigative and
adjudicative agencies.
(2) The database under this subsection shall function to
integrate information from existing Federal clearance tracking systems from other authorized investigative and adjudicative agencies
into a single consolidated database.
(3) Each authorized investigative or adjudicative agency shall
check the database under this subsection to determine whether
an individual the agency has identified as requiring a security
clearance has already been granted or denied a security clearance,
or has had a security clearance revoked, by any other authorized
investigative or adjudicative agency.
(4) The head of the entity selected pursuant to subsection
(b) shall evaluate the extent to which an agency is submitting
information to, and requesting information from, the database under
this subsection as part of a determination of whether to certify
the agency as an authorized investigative agency or authorized
adjudicative agency.
(5) The head of the entity selected pursuant to subsection
(b) may authorize an agency to withhold information about certain
individuals from the database under this subsection if the head
of the entity considers it necessary for national security purposes.
(f) EVALUATION OF USE OF AVAILABLE TECHNOLOGY IN CLEARANCE INVESTIGATIONS AND ADJUDICATIONS.—(1) The head of the
entity selected pursuant to subsection (b) shall evaluate the use
of available information technology and databases to expedite investigative and adjudicative processes for all and to verify standard
information submitted as part of an application for a security clearance.
(2) The evaluation shall assess the application of the technologies described in paragraph (1) for—
(A) granting interim clearances to applicants at the secret,
top secret, and special access program levels before the completion of the appropriate full investigation;
(B) expediting investigations and adjudications of security
clearances, including verification of information submitted by
the applicant;
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(C) ongoing verification of suitability of personnel with
security clearances in effect for continued access to classified
information;
(D) use of such technologies to augment periodic reinvestigations;
(E) assessing the impact of the use of such technologies
on the rights of applicants to verify, correct, or challenge
information obtained through such technologies; and
(F) such other purposes as the head of the entity selected
pursuant to subsection (b) considers appropriate.
(3) An individual subject to verification utilizing the technology
described in paragraph (1) shall be notified of such verification,
shall provide consent to such use, and shall have access to data
being verified in order to correct errors or challenge information
the individual believes is incorrect.
(4) Not later than one year after the date of the enactment
of this Act, the head of the entity selected pursuant to subsection
(b) shall submit to the President and the appropriate committees
of Congress a report on the results of the evaluation, including
recommendations on the use of technologies described in paragraph
(1).
(g) REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE
PROCESS.—(1) The head of the entity selected pursuant to subsection
(b) shall, within 90 days of selection under that subsection, develop,
in consultation with the appropriate committees of Congress and
each authorized adjudicative agency, a plan to reduce the length
of the personnel security clearance process.
(2)(A) To the extent practical the plan under paragraph (1)
shall require that each authorized adjudicative agency make a
determination on at least 90 percent of all applications for a personnel security clearance within an average of 60 days after the
date of receipt of the completed application for a security clearance
by an authorized investigative agency. Such 60-day average period
shall include—
(i) a period of not longer than 40 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 20 days to complete the
adjudicative phase of the clearance review.
(B) Determinations on clearances not made within 60 days
shall be made without delay.
(3)(A) The plan under paragraph (1) shall take effect 5 years
after the date of the enactment of this Act.
(B) During the period beginning on a date not later than
2 years after the date after the enactment of this Act and ending
on the date on which the plan under paragraph (1) takes effect,
each authorized adjudicative agency shall make a determination
on at least 80 percent of all applications for a personnel security
clearance pursuant to this section within an average of 120 days
after the date of receipt of the application for a security clearance
by an authorized investigative agency. Such 120-day average period
shall include—
(i) a period of not longer than 90 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 30 days to complete the
adjudicative phase of the clearance review.
(h) REPORTS.—(1) Not later than February 15, 2006, and
annually thereafter through 2011, the head of the entity selected
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pursuant to subsection (b) shall submit to the appropriate committees of Congress a report on the progress made during the preceding
year toward meeting the requirements of this section.
(2) Each report shall include, for the period covered by such
report—
(A) the periods of time required by the authorized investigative agencies and authorized adjudicative agencies for conducting investigations, adjudicating cases, and granting clearances, from date of submission to ultimate disposition and
notification to the subject and the subject’s employer;
(B) a discussion of any impediments to the smooth and
timely functioning of the requirements of this section; and
(C) such other information or recommendations as the head
of the entity selected pursuant to subsection (b) considers appropriate.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated such sums as may be necessary for fiscal year
2005 and each fiscal year thereafter for the implementation, maintenance, and operation of the database required by subsection (e).
TITLE IV—TRANSPORTATION SECURITY
Subtitle A—National Strategy for
Transportation Security
SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) IN GENERAL.—Section 114 of title 49, United States Code,
is amended by adding at the end the following:
‘‘(t) TRANSPORTATION SECURITY STRATEGIC PLANNING.—
‘‘(1) IN GENERAL.—The Secretary of Homeland Security
shall develop, prepare, implement, and update, as needed—
‘‘(A) a National Strategy for Transportation Security;
and
‘‘(B) transportation modal security plans.
‘‘(2) ROLE OF SECRETARY OF TRANSPORTATION.—The Secretary of Homeland Security shall work jointly with the Secretary of Transportation in developing, revising, and updating
the documents required by paragraph (1).
‘‘(3) CONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION
SECURITY.—The National Strategy for Transportation Security
shall include the following:
‘‘(A) An identification and evaluation of the transportation assets in the United States that, in the interests
of national security and commerce, must be protected from
attack or disruption by terrorist or other hostile forces,
including modal security plans for aviation, bridge and
tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus, and other public
transportation infrastructure assets that could be at risk
of such an attack or disruption.
‘‘(B) The development of risk-based priorities across
all transportation modes and realistic deadlines for
addressing security needs associated with those assets
referred to in subparagraph (A).
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‘‘(C) The most appropriate, practical, and cost-effective
means of defending those assets against threats to their
security.
‘‘(D) A forward-looking strategic plan that sets forth
the agreed upon roles and missions of Federal, State,
regional, and local authorities and establishes mechanisms
for encouraging private sector cooperation and participation
in the implementation of such plan.
‘‘(E) A comprehensive delineation of response and
recovery responsibilities and issues regarding threatened
and executed acts of terrorism within the United States.
‘‘(F) A prioritization of research and development objectives that support transportation security needs, giving
a higher priority to research and development directed
toward protecting vital transportation assets.
‘‘(4) SUBMISSIONS OF PLANS TO CONGRESS.—
‘‘(A) INITIAL STRATEGY.—The Secretary of Homeland
Security shall submit the National Strategy for Transportation Security, including the transportation modal security
plans, developed under this subsection to the appropriate
congressional committees not later than April 1, 2005.
‘‘(B) SUBSEQUENT VERSIONS.—After December 31, 2005,
the Secretary of Homeland Security shall submit the
National Strategy for Transportation Security, including
the transportation modal security plans and any revisions
to the National Strategy for Transportation Security and
the transportation modal security plans, to appropriate
congressional committees not less frequently than April
1 of each even-numbered year.
‘‘(C) PERIODIC PROGRESS REPORT.—
‘‘(i) REQUIREMENT FOR REPORT.—Each year, in
conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States
Code, the Secretary of Homeland Security shall submit
to the appropriate congressional committees an assessment of the progress made on implementing the
National Strategy for Transportation Security.
‘‘(ii) CONTENT.—Each progress report under this
subparagraph shall include, at a minimum, recommendations for improving and implementing the
National Strategy for Transportation Security and the
transportation modal security plans that the Secretary,
in consultation with the Secretary of Transportation,
considers appropriate.
‘‘(D) CLASSIFIED MATERIAL.—Any part of the National
Strategy for Transportation Security or the transportation
modal security plans that involve information that is properly classified under criteria established by Executive order
shall be submitted to the appropriate congressional committees separately in a classified format.
‘‘(E)
APPROPRIATE
CONGRESSIONAL
COMMITTEES
DEFINED.—In this subsection, the term ‘appropriate
congressional committees’ means the Committee on
Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and
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Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate.
‘‘(5) PRIORITY STATUS.—
‘‘(A) IN GENERAL.—The National Strategy for Transportation Security shall be the governing document for Federal
transportation security efforts.
‘‘(B) OTHER PLANS AND REPORTS.—The National
Strategy for Transportation Security shall include, as an
integral part or as an appendix—
‘‘(i) the current National Maritime Transportation
Security Plan under section 70103 of title 46;
‘‘(ii) the report required by section 44938 of this
title;
‘‘(iii) transportation modal security plans required
under this section; and
‘‘(iv) any other transportation security plan or
report that the Secretary of Homeland Security determines appropriate for inclusion.’’.
(b) AVIATION SECURITY PLANNING; OPERATIONAL CRITERIA.—
Section 44904 of title 49, United States Code, is amended—
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
‘‘(c) MODAL SECURITY PLAN FOR AVIATION.—In addition to the
requirements set forth in subparagraphs (B) through (F) of section
114(t)(3), the modal security plan for aviation prepared under section 114(t) shall—
‘‘(1) establish a damage mitigation and recovery plan for
the aviation system in the event of a terrorist attack; and
‘‘(2) include a threat matrix document that outlines each
threat to the United States civil aviation system and the corresponding layers of security in place to address such threat.
‘‘(d) OPERATIONAL CRITERIA.—Not later than 90 days after the
date of the submission of the National Strategy for Transportation
Security under section 114(t)(4)(A), the Assistant Secretary of
Homeland Security (Transportation Security Administration) shall
issue operational criteria to protect airport infrastructure and operations against the threats identified in the plans prepared under
section 114(t)(1) and shall approve best practices guidelines for
airport assets.’’.
Subtitle B—Aviation Security
SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.
(a) USE OF BIOMETRIC IDENTIFIER TECHNOLOGY.—Section
44903(h) of title 49, United States Code, is amended—
(1) in paragraph (4)(E) by striking ‘‘may provide for’’ and
inserting ‘‘shall issue, not later than March 31, 2005, guidance
for’’; and
(2) by adding at the end the following:
‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS
CONTROL SYSTEMS.—In issuing guidance under paragraph
(4)(E), the Assistant Secretary of Homeland Security (Transportation Security Administration) in consultation with representatives of the aviation industry, the biometric identifier industry,
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and the National Institute of Standards and Technology, shall
establish, at a minimum—
‘‘(A) comprehensive technical and operational system
requirements and performance standards for the use of
biometric identifier technology in airport access control systems (including airport perimeter access control systems)
to ensure that the biometric identifier systems are effective,
reliable, and secure;
‘‘(B) a list of products and vendors that meet the
requirements and standards set forth in subparagraph (A);
‘‘(C) procedures for implementing biometric identifier
systems—
‘‘(i) to ensure that individuals do not use an
assumed identity to enroll in a biometric identifier
system; and
‘‘(ii) to resolve failures to enroll, false matches,
and false non-matches; and
‘‘(D) best practices for incorporating biometric identifier
technology into airport access control systems in the most
effective manner, including a process to best utilize existing
airport access control systems, facilities, and equipment
and existing data networks connecting airports.
‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW ENFORCEMENT
OFFICER TRAVEL.—
‘‘(A) IN GENERAL.—Not later than 120 days after the
date of enactment of this paragraph, the Assistant Secretary, in consultation with the Attorney General, shall—
‘‘(i) establish a law enforcement officer travel
credential that incorporates biometric identifier technology and is uniform across all Federal, State, local,
tribal, and territorial government law enforcement
agencies;
‘‘(ii) establish a process by which the travel credential will be used to verify the identity of a Federal,
State, local, tribal, or territorial law enforcement officer
seeking to carry a weapon on board an aircraft, without
unnecessarily disclosing to the public that the individual is a law enforcement officer;
‘‘(iii) establish procedures—
‘‘(I) to ensure that only Federal, State, local,
tribal, and territorial government law enforcement
officers are issued a law enforcement travel credential;
‘‘(II) to resolve failures to enroll, false matches,
and false non-matches relating to use of the law
enforcement travel credential; and
‘‘(III) to invalidate any law enforcement travel
credential that is lost, stolen, or no longer authorized for use;
‘‘(iv) begin issuance of the travel credential to each
Federal, State, local, tribal, or territorial government
law enforcement officer authorized by the Assistant
Secretary to carry a weapon on board an aircraft; and
‘‘(v) take such other actions with respect to the
travel credential as the Assistant Secretary considers
appropriate.
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‘‘(B) FUNDING.—There is authorized to be appropriated
such sums as may be necessary to carry out this paragraph.
‘‘(7) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) BIOMETRIC IDENTIFIER INFORMATION.—The term
‘biometric identifier information’ means the distinct physical or behavioral characteristics of an individual that are
used for unique identification, or verification of the identity,
of an individual.
‘‘(B) BIOMETRIC IDENTIFIER.—The term ‘biometric
identifier’ means a technology that enables the automated
identification, or verification of the identity, of an individual
based on biometric information.
‘‘(C) FAILURE TO ENROLL.—The term ‘failure to enroll’
means the inability of an individual to enroll in a biometric
identifier system due to an insufficiently distinctive
biometric sample, the lack of a body part necessary to
provide the biometric sample, a system design that makes
it difficult to provide consistent biometric identifier
information, or other factors.
‘‘(D) FALSE MATCH.—The term ‘false match’ means the
incorrect matching of one individual’s biometric identifier
information to another individual’s biometric identifier
information by a biometric identifier system.
‘‘(E) FALSE NON-MATCH.—The term ‘false non-match’
means the rejection of a valid identity by a biometric identifier system.
‘‘(F) SECURE AREA OF AN AIRPORT.—The term ‘secure
area of an airport’ means the sterile area and the Secure
Identification Display Area of an airport (as such terms
are defined in section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to such section).’’.
(b) AVIATION SECURITY RESEARCH AND DEVELOPMENT.—There
is authorized to be appropriated to the Secretary of Homeland
Security for the use of the Transportation Security Administration
$20,000,000, in addition to any amounts otherwise authorized by
law, for research and development of advanced biometric technology
applications to aviation security, including mass identification technology.
(c) SENSE OF CONGRESS ON TRANSFER OF TECHNOLOGY.—It
is the sense of Congress that the national intelligence community
and the Department of Homeland Security should share information
on and technological advancements to biometric systems, biometric
technology, and biometric identifier systems obtained through
research and development programs conducted by various Federal
agencies.
(d) BIOMETRIC CENTER OF EXCELLENCE.—There is authorized
to be appropriated $1,000,000, in addition to any amounts otherwise
authorized by law, for the establishment of a competitive center
of excellence that will develop and expedite the Federal Government’s use of biometric identifiers.
SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING.
(a) IN GENERAL.—
(1) DOMESTIC FLIGHTS.—Section 44903(j)(2) of title 49,
United States Code, is amended by adding at the end the
following:
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‘‘(C) ADVANCED AIRLINE PASSENGER PRESCREENING.—
‘‘(i) COMMENCEMENT OF TESTING.—Not later than
January 1, 2005, the Assistant Secretary of Homeland
Security (Transportation Security Administration), or
the designee of the Assistant Secretary, shall commence testing of an advanced passenger prescreening
system that will allow the Department of Homeland
Security to assume the performance of comparing passenger information, as defined by the Assistant Secretary, to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and
integrated terrorist watchlist maintained by the Federal Government.
‘‘(ii) ASSUMPTION OF FUNCTION.—Not later than
180 days after completion of testing under clause (i),
the Assistant Secretary, or the designee of the Assistant Secretary, shall begin to assume the performance
of the passenger prescreening function of comparing
passenger information to the automatic selectee and
no fly lists and utilize all appropriate records in the
consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that
function.
‘‘(iii) REQUIREMENTS.—In assuming performance of
the function under clause (ii), the Assistant Secretary
shall—
‘‘(I) establish a procedure to enable airline passengers, who are delayed or prohibited from
boarding a flight because the advanced passenger
prescreening system determined that they might
pose a security threat, to appeal such determination and correct information contained in the
system;
‘‘(II) ensure that Federal Government databases that will be used to establish the identity
of a passenger under the system will not produce
a large number of false positives;
‘‘(III) establish an internal oversight board to
oversee and monitor the manner in which the
system is being implemented;
‘‘(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;
‘‘(V) implement substantial security measures
to protect the system from unauthorized access;
‘‘(VI) adopt policies establishing effective oversight of the use and operation of the system; and
‘‘(VII) ensure that there are no specific privacy
concerns with the technological architecture of the
system.
‘‘(iv) PASSENGER INFORMATION.—Not later than 180
days after the completion of the testing of the advanced
passenger prescreening system, the Assistant Secretary, by order or interim final rule—
‘‘(I) shall require air carriers to supply to the
Assistant Secretary the passenger information
needed to begin implementing the advanced passenger prescreening system; and
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‘‘(II) shall require entities that provide systems
and services to air carriers in the operation of
air carrier reservations systems to provide to air
carriers passenger information in possession of
such entities, but only to the extent necessary
to comply with subclause (I).
‘‘(D) SCREENING OF EMPLOYEES AGAINST WATCHLIST.—
The Assistant Secretary of Homeland Security (Transportation Security Administration), in coordination with the
Secretary of Transportation and the Administrator of the
Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the
consolidated and integrated terrorist watchlist maintained
by the Federal Government before—
‘‘(i) being certificated by the Federal Aviation
Administration;
‘‘(ii) being granted unescorted access to the secure
area of an airport; or
‘‘(iii) being granted unescorted access to the air
operations area (as defined in section 1540.5 of title
49, Code of Federal Regulations, or any successor regulation to such section) of an airport.
‘‘(E) AIRCRAFT CHARTER CUSTOMER AND LESSEE
PRESCREENING.—
‘‘(i) IN GENERAL.—Not later than 90 days after
the date on which the Assistant Secretary assumes
the performance of the advanced passenger prescreening function under subparagraph (C)(ii), the
Assistant Secretary shall establish a process by which
operators of aircraft to be used in charter air transportation with a maximum takeoff weight greater than
12,500 pounds and lessors of aircraft with a maximum
takeoff weight greater than 12,500 pounds may—
‘‘(I) request the Department of Homeland
Security to use the advanced passenger prescreening system to compare information about
any individual seeking to charter an aircraft with
a maximum takeoff weight greater than 12,500
pounds, any passenger proposed to be transported
aboard such aircraft, and any individual seeking
to lease an aircraft with a maximum takeoff weight
greater than 12,500 pounds to the automatic
selectee and no fly lists, utilizing all appropriate
records in the consolidated and integrated terrorist
watchlist maintained by the Federal Government;
and
‘‘(II) refuse to charter or lease an aircraft with
a maximum takeoff weight greater than 12,500
pounds to or transport aboard such aircraft any
persons identified on such watch list.
‘‘(ii)
REQUIREMENTS.—The
requirements
of
subparagraph (C)(iii) shall apply to this subparagraph.
‘‘(iii) NO FLY AND AUTOMATIC SELECTEE LISTS.—
The Secretary of Homeland Security, in consultation
with the Terrorist Screening Center, shall design and
review, as necessary, guidelines, policies, and operating
procedures for the collection, removal, and updating
Deadline.
Applicability.
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of data maintained, or to be maintained, in the no
fly and automatic selectee lists.
‘‘(F) APPLICABILITY.—Section 607 of the Vision 100—
Century of Aviation Reauthorization Act (49 U.S.C. 44903
note; 117 Stat. 2568) shall not apply to the advanced passenger prescreening system established under subparagraph (C).
‘‘(G) APPEAL PROCEDURES.—
‘‘(i) IN GENERAL.—The Assistant Secretary shall
establish a timely and fair process for individuals
identified as a threat under one or more of subparagraphs (C), (D), and (E) to appeal to the Transportation
Security Administration the determination and correct
any erroneous information.
‘‘(ii) RECORDS.—The process shall include the
establishment of a method by which the Assistant Secretary will be able to maintain a record of air passengers and other individuals who have been
misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Transportation
Security Administration record shall contain information determined by the Assistant Secretary to authenticate the identity of such a passenger or individual.
‘‘(H) DEFINITION.—In this paragraph, the term ‘secure
area of an airport’ means the sterile area and the Secure
Identification Display Area of an airport (as such terms
are defined in section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to such section).’’.
(2) INTERNATIONAL FLIGHTS.—Section 44909(c) of title 49,
United States Code, is amended—
(A) by striking ‘‘paragraph (5),’’ in paragraph (4) and
inserting ‘‘paragraphs (5) and (6),’’; and
(B) by adding at the end the following:
‘‘(6) PRESCREENING INTERNATIONAL PASSENGERS.—
‘‘(A) IN GENERAL.—Not later than 60 days after date
of enactment of this paragraph, the Secretary of Homeland
Security, or the designee of the Secretary, shall issue a
notice of proposed rulemaking that will allow the Department of Homeland Security to compare passenger information for any international flight to or from the United
States against the consolidated and integrated terrorist
watchlist maintained by the Federal Government before
departure of the flight.
‘‘(B) APPEAL PROCEDURES.—
‘‘(i) IN GENERAL.—The Secretary of Homeland
Security shall establish a timely and fair process for
individuals identified as a threat under subparagraph
(A) to appeal to the Department of Homeland Security
the determination and correct any erroneous information.
‘‘(ii) RECORDS.—The process shall include the
establishment of a method by which the Secretary
will be able to maintain a record of air passengers
and other individuals who have been misidentified and
have corrected erroneous information. To prevent
repeated delays of misidentified passengers and other
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Public
information.
Public
information.
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PUBLIC LAW 108–458—DEC. 17, 2004
individuals, the Department of Homeland Security
record shall contain information determined by the
Secretary to authenticate the identity of such a passenger or individual.’’.
(b) REPORT ON EFFECTS ON PRIVACY AND CIVIL LIBERTIES.—
(1) REQUIREMENT FOR REPORT.—Not later than 180 days
after the date of the enactment of this Act, the Security Privacy
Officer of the Department of Homeland Security shall submit
a report assessing the impact of the automatic selectee and
no fly lists on privacy and civil liberties to the Committee
on the Judiciary, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on the Judiciary, the Committee on Government Reform, the
Committee on Transportation and Infrastructure, and the
Select Committee on Homeland Security of the House of Representatives.
(2) CONTENT.—The report submitted under paragraph (1)
shall include—
(A) any recommendations for practices, procedures,
regulations, or legislation that the Security Privacy Officer
considers necessary to minimize adverse effects of automatic selectee and no fly lists on privacy, discrimination,
due process, and other civil liberties;
(B) a discussion of the implications of applying those
lists to other modes of transportation; and
(C) the effect that implementation of the recommendations would have on the effectiveness of the use of such
lists to protect the United States against terrorist attacks.
(3) FORM.—To the greatest extent consistent with the
protection of law enforcement-sensitive information and classified information, and the administration of applicable law, the
report shall be submitted in unclassified form and shall be
available to the public. The report may contain a classified
annex if necessary.
(c) REPORT ON CRITERIA FOR CONSOLIDATED TERRORIST WATCH
LIST.—
(1) IN GENERAL.—Within 180 days after the date of enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Homeland Security, the
Secretary of State, and the Attorney General, shall submit
to Congress a report on the Terrorist Screening Center consolidated screening watch list.
(2) CONTENTS.—The report shall include—
(A) the criteria for placing the name of an individual
on the watch list;
(B) the minimum standards for reliability and accuracy
of identifying information;
(C) the degree of information certainty and the range
of threat levels that are to be identified for an individual;
and
(D) the range of applicable consequences that are to
apply to an individual, if located.
(3) FORM.—To the greatest extent consistent with the
protection of law enforcement-sensitive information and classified information and the administration of applicable law, the
report shall be submitted in unclassified form and shall be
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available to the public. The report may contain a classified
annex if necessary.
SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.
(a) IN GENERAL.—Subchapter I of chapter 449, of title 49,
United States Code, is amended by adding at the end the following:
‘‘§ 44925. Deployment and use of detection equipment at airport screening checkpoints
‘‘(a) WEAPONS AND EXPLOSIVES.—The Secretary of Homeland
Security shall give a high priority to developing, testing, improving,
and deploying, at airport screening checkpoints, equipment that
detects nonmetallic, chemical, biological, and radiological weapons,
and explosives, in all forms, on individuals and in their personal
property. The Secretary shall ensure that the equipment alone,
or as part of an integrated system, can detect under realistic operating conditions the types of weapons and explosives that terrorists
would likely try to smuggle aboard an air carrier aircraft.
‘‘(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE
DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.—
‘‘(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall
submit to the appropriate congressional committees a strategic
plan to promote the optimal utilization and deployment of
explosive detection equipment at airports to screen individuals
and their personal property. Such equipment includes walkthrough explosive detection portals, document scanners, shoe
scanners, and backscatter x-ray scanners. The plan may be
submitted in a classified format.
‘‘(2) CONTENT.—The strategic plan shall include, at
minimum—
‘‘(A) a description of current efforts to detect explosives
in all forms on individuals and in their personal property;
‘‘(B) a description of the operational applications of
explosive detection equipment at airport screening checkpoints;
‘‘(C) a deployment schedule and a description of the
quantities of equipment needed to implement the plan;
‘‘(D) a description of funding needs to implement the
plan, including a financing plan that provides for leveraging
of non-Federal funding;
‘‘(E) a description of the measures taken and anticipated to be taken in carrying out subsection (d); and
‘‘(F) a description of any recommended legislative
actions.
‘‘(c) PORTAL DETECTION SYSTEMS.—There is authorized to be
appropriated to the Secretary of Homeland Security for the use
of the Transportation Security Administration $250,000,000, in
addition to any amounts otherwise authorized by law, for research,
development, and installation of detection systems and other devices
for the detection of biological, chemical, radiological, and explosive
materials.
‘‘(d) INTERIM ACTION.—Until measures are implemented that
enable the screening of all passengers for explosives, the Assistant
Secretary shall provide, by such means as the Assistant Secretary
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Deadline.
Appropriation
authorization.
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PUBLIC LAW 108–458—DEC. 17, 2004
considers appropriate, explosives detection screening for all passengers identified for additional screening and their personal property that will be carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation or intrastate air transportation.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 449
of title 49, United States Code, is amended by inserting after
the item relating to section 44924 the following:
‘‘44925. Deployment and use of detection equipment at airport screening checkpoints.’’.
49 USC 44925
note.
Deadline.
SEC. 4014. ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES.
49 USC 44935
note.
SEC. 4015. IMPROVEMENT OF SCREENER JOB PERFORMANCE.
Deadline.
Reports.
49 USC 44917
note.
VerDate 11-MAY-2000
08:36 Feb 02, 2005
(a) ADVANCED INTEGRATED AIRPORT CHECKPOINT SCREENING
SYSTEM PILOT PROGRAM.—Not later than March 31, 2005, the
Assistant Secretary of Homeland Security (Transportation Security
Administration) shall develop and initiate a pilot program to deploy
and test advanced airport checkpoint screening devices and technology as an integrated system at not less than 5 airports in
the United States.
(b) FUNDING.—Of the amounts appropriated pursuant to section
48301(a) of title 49, United States Code, for each of fiscal years
2005 and 2006, not more than $150,000,000 shall be available
to carry out subsection (a).
(a) REQUIRED ACTION.—The Assistant Secretary of Homeland
Security (Transportation Security Administration) shall take such
action as may be necessary to improve the job performance of
airport screening personnel.
(b) HUMAN FACTORS STUDY.—In carrying out this section, the
Assistant Secretary shall provide, not later than 180 days after
the date of the enactment of this Act, to the appropriate congressional committees a report on the results of any human factors
study conducted by the Department of Homeland Security to better
understand problems in screener performance and to improve
screener performance.
SEC. 4016. FEDERAL AIR MARSHALS.
(a) FEDERAL AIR MARSHAL ANONYMITY.—The Director of the
Federal Air Marshal Service of the Department of Homeland Security shall continue operational initiatives to protect the anonymity
of Federal air marshals.
(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of Homeland Security
for the use of the Bureau of Immigration and Customs Enforcement,
in addition to any amounts otherwise authorized by law, for the
deployment of Federal air marshals under section 44917 of title
49, United States Code, $83,000,000 for the 3 fiscal-year period
beginning with fiscal year 2005. Such sums shall remain available
until expended.
(c)
FEDERAL
LAW
ENFORCEMENT
COUNTERTERRORISM
TRAINING.—
(1) AVAILABILITY OF INFORMATION.—The Assistant Secretary for Immigration and Customs Enforcement and the
Director of Federal Air Marshal Service of the Department
of Homeland Security, shall make available, as practicable,
appropriate information on in-flight counterterrorism and
weapons handling procedures and tactics training to Federal
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law enforcement officers who fly while in possession of a firearm.
(2) IDENTIFICATION OF FRAUDULENT DOCUMENTS.—The
Assistant Secretary for Immigration and Customs Enforcement
and the Director of Federal Air Marshal Service of the Department of Homeland Security, in coordination with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), shall ensure that Transportation Security
Administration screeners and Federal air marshals receive
training in identifying fraudulent identification documents,
including fraudulent or expired visas and passports. Such
training shall also be made available to other Federal law
enforcement agencies and local law enforcement agencies
located in a State that borders Canada or Mexico.
SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW
DEPLOYMENT OF FEDERAL AIR MARSHALS.
MAXIMUM
The President is encouraged to pursue aggressively international agreements with foreign governments to allow the maximum deployment of Federal air marshals on international flights.
SEC. 4018. FOREIGN AIR MARSHAL TRAINING.
Section 44917 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(d) TRAINING FOR FOREIGN LAW ENFORCEMENT PERSONNEL.—
‘‘(1) IN GENERAL.—The Assistant Secretary for Immigration
and Customs Enforcement of the Department of Homeland
Security, after consultation with the Secretary of State, may
direct the Federal Air Marshal Service to provide appropriate
air marshal training to law enforcement personnel of foreign
countries.
‘‘(2) WATCHLIST SCREENING.—The Federal Air Marshal
Service may only provide appropriate air marshal training to
law enforcement personnel of foreign countries after comparing
the identifying information and records of law enforcement
personnel of foreign countries against all appropriate records
in the consolidated and integrated terrorist watchlists maintained by the Federal Government.
‘‘(3) FEES.—The Assistant Secretary shall establish reasonable fees and charges to pay expenses incurred in carrying
out this subsection. Funds collected under this subsection shall
be credited to the account in the Treasury from which the
expenses were incurred and shall be available to the Assistant
Secretary for purposes for which amounts in such account are
available.’’.
SEC. 4019. IN-LINE CHECKED BAGGAGE SCREENING.
(a) IN-LINE BAGGAGE SCREENING EQUIPMENT.—The Assistant
Secretary of Homeland Security (Transportation Security Administration) shall take such action as may be necessary to expedite
the installation and use of in-line baggage screening equipment
at airports at which screening is required by section 44901 of
title 49, United States Code.
(b) SCHEDULE.—Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall submit to
the appropriate congressional committees a schedule to expedite
the installation and use of in-line baggage screening equipment
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note.
Deadline.
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Deadline.
49 USC 44923
note.
49 USC 44901
note.
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at such airports, with an estimate of the impact that such equipment, facility modification, and baggage conveyor placement will
have on staffing needs and levels related to aviation security.
(c) REPLACEMENT OF TRACE-DETECTION EQUIPMENT.—Not later
than 180 days after the date of enactment of this Act, the Assistant
Secretary shall establish and submit to the appropriate congressional committees a schedule for replacing trace-detection equipment, as soon as practicable and where appropriate, with explosive
detection system equipment.
(d) COST-SHARING STUDY.—The Secretary of Homeland Security, in consultation with representatives of air carriers, airport
operators, and other interested parties, shall submit to the appropriate congressional committees, in conjunction with the submission
of the budget for fiscal year 2006 to Congress under section 1105(a)
of title 31, United States Code—
(1) a proposed formula for cost-sharing among the Federal
Government, State and local governments, and the private
sector for projects to install in-line baggage screening equipment that reflects the benefits that each of such entities derive
from such projects, including national security benefits and
labor and other cost savings;
(2) recommendations, including recommended legislation,
for an equitable, feasible, and expeditious system for defraying
the costs of the in-line baggage screening equipment authorized
by this title; and
(3) the results of a review of innovative financing
approaches and possible cost savings associated with the
installation of in-line baggage screening equipment at airports.
(e) AUTHORIZATION FOR EXPIRING AND NEW LOIS.—
(1) IN GENERAL.—Section 44923(i) of title 49, United States
Code, is amended by striking ‘‘$250,000,000 for each of fiscal
years 2004 through 2007.’’ and inserting ‘‘$400,000,000 for each
of fiscal years 2005, 2006, and 2007.’’.
(2) PERIOD OF REIMBURSEMENT.—Notwithstanding any
other provision of law, the Secretary may provide that the
period of reimbursement under any letter of intent may extend
for a period not to exceed 10 years after the date that the
Secretary issues such letter, subject to the availability of appropriations. This paragraph applies to letters of intent issued
under section 44923 of title 49, United States Code, and letters
of intent issued under section 367 of the Department of
Transportation and Related Agencies Appropriation Act, 2003
(49 U.S.C. 47110 note).
SEC. 4020. CHECKED BAGGAGE SCREENING AREA MONITORING.
(a) IN GENERAL.—The Under Secretary for Border and
Transportation Security of the Department of Homeland Security
shall provide, subject to the availability of funds, assistance to
airports at which screening is required by section 44901 of title
49, United States Code, and that have checked baggage screening
areas that are not open to public view in the acquisition and
installation of security monitoring cameras for surveillance of such
areas in order to deter theft from checked baggage and to aid
in the speedy resolution of liability claims against the Transportation Security Administration.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Homeland Security for fiscal
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year 2005 such sums as may be necessary to carry out this section.
Such sums shall remain available until expended.
SEC. 4021. WIRELESS COMMUNICATION.
(a) STUDY.—The Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Administrator of the Federal Aviation Administration, shall conduct
a study to determine the viability of providing devices or methods,
including wireless methods, to enable a flight crew to discreetly
notify the pilot in the case of a security breach or safety issue
occurring in the cabin.
(b) MATTERS TO BE CONSIDERED.—In conducting the study,
the Transportation Security Administration and the Federal Aviation Administration shall consider technology that is readily available and can be quickly integrated and customized for use aboard
aircraft for flight crew communication.
(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the Transportation Security Administration shall
submit to the appropriate congressional committees a report on
the results of the study.
SEC. 4022. IMPROVED PILOT LICENSES.
(a) IN GENERAL.—Not later than one year after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall begin to issue improved pilot licenses consistent with the requirements of title 49, United States Code, and
title 14, Code of Federal Regulations.
(b) REQUIREMENTS.—Improved pilots licenses issued under subsection (a) shall—
(1) be resistant to tampering, alteration, and counterfeiting;
(2) include a photograph of the individual to whom the
license is issued; and
(3) be capable of accommodating a digital photograph, a
biometric identifier, or any other unique identifier that the
Administrator considers necessary.
(c) TAMPERING.—To the extent practical, the Administrator
shall develop methods to determine or reveal whether any component or security feature of a license issued under subsection (a)
has been tampered, altered, or counterfeited.
(d) USE OF DESIGNEES.—The Administrator may use designees
to carry out subsection (a) to the extent feasible in order to minimize
the burdens on pilots.
49 USC 44703
note.
Deadline.
SEC. 4023. AVIATION SECURITY STAFFING.
(a) AVIATION SECURITY STAFFING.—Not later than 90 days after
the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall
develop and submit to the appropriate congressional committees
standards for determining the aviation security staffing for all
airports at which screening is required under section 44901 of
title 49, United States Code, necessary to—
(1) provide necessary levels of aviation security; and
(2) ensure that the average aviation security-related delay
experienced by airline passengers is minimized.
(b) GAO ANALYSIS.—As soon as practicable after the date on
which the Assistant Secretary has developed standards under subsection (a), the Comptroller General shall conduct an expedited
analysis of, and submit a report to the appropriate congressional
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Deadline.
Standards.
Reports.
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PUBLIC LAW 108–458—DEC. 17, 2004
committees on, the standards for effectiveness, administrability,
ease of compliance, and consistency with the requirements of
existing law.
(c) INTEGRATION OF FEDERAL AIRPORT WORKFORCE AND AVIATION SECURITY.—The Secretary of Homeland Security shall conduct
a study of the feasibility of combining operations of Federal
employees involved in screening at commercial airports and aviation
security-related functions under the authority of the Department
of Homeland Security in order to coordinate security-related activities, increase the efficiency and effectiveness of those activities,
and increase commercial air transportation security.
49 USC 44913
note.
SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS.
Deadline.
SEC. 4025. PROHIBITED ITEMS LIST.
(a) PLAN AND GUIDELINES.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall
develop a plan and guidelines for implementing improved explosive
detection system equipment.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Homeland Security for the
use of the Transportation Security Administration $100,000,000,
in addition to any amounts otherwise authorized by law, for the
purpose of research and development of improved explosive detection systems for aviation security under section 44913 of title 49,
United States Code.
Not later than 60 days after the date of enactment of this
Act, the Assistant Secretary for Homeland Security (Transportation
Security Administration) shall complete a review of the list of
items prohibited from being carried aboard a passenger aircraft
operated by an air carrier or foreign air carrier in air transportation
or intrastate air transportation set forth in section 1540 of title
49, Code of Federal Regulations, and shall release a revised list
that includes—
(1) butane lighters; and
(2) any other modification that the Assistant Secretary
considers appropriate.
22 USC 2751
note.
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SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
(a) UNITED STATES POLICY ON NONPROLIFERATION AND EXPORT
CONTROL.—
(1) TO LIMIT AVAILABILITY AND TRANSFER OF MANPADS.—
The President shall pursue, on an urgent basis, further strong
international diplomatic and cooperative efforts, including
bilateral and multilateral treaties, in the appropriate forum
to limit the availability, transfer, and proliferation of
MANPADSs worldwide.
(2) TO LIMIT THE PROLIFERATION OF MANPADS.—The President is encouraged to seek to enter into agreements with the
governments of foreign countries that, at a minimum, would—
(A) prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production
agreement, other than the entry into force of a manufacturing license or co-production agreement with a country
that is party to such an agreement;
(B) prohibit, except pursuant to transfers between
governments, the export of a MANPADS, including any
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component, part, accessory, or attachment thereof, without
an individual validated license; and
(C) prohibit the reexport or retransfer of a MANPADS,
including any component, part, accessory, or attachment
thereof, to a third person, organization, or government
unless the written consent of the government that approved
the original export or transfer is first obtained.
(3) TO ACHIEVE DESTRUCTION OF MANPADS.—The President
should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction
of excess, obsolete, and illicit stocks of MANPADSs worldwide.
(4) REPORTING AND BRIEFING REQUIREMENT.—
(A) PRESIDENT’S REPORT.—Not later than 180 days
after the date of enactment of this Act, the President
shall transmit to the appropriate congressional committees
a report that contains a detailed description of the status
of diplomatic efforts under paragraphs (1), (2), and (3)
and of efforts by the appropriate United States agencies
to comply with the recommendations of the General
Accounting Office set forth in its report GAO–04–519, entitled ‘‘Nonproliferation: Further Improvements Needed in
U.S. Efforts to Counter Threats from Man-Portable Air
Defense Systems’’.
(B) ANNUAL BRIEFINGS.—Annually after the date of
submission of the report under subparagraph (A) and until
completion of the diplomatic and compliance efforts referred
to in subparagraph (A), the Secretary of State shall brief
the appropriate congressional committees on the status
of such efforts.
(b) FAA AIRWORTHINESS CERTIFICATION OF MISSILE DEFENSE
SYSTEMS FOR COMMERCIAL AIRCRAFT.—
(1) IN GENERAL.—As soon as practicable, but not later
than the date of completion of Phase II of the Department
of Homeland Security’s counter-man-portable air defense
system (MANPADS) development and demonstration program,
the Administrator of the Federal Aviation Administration shall
establish a process for conducting airworthiness and safety
certification of missile defense systems for commercial aircraft
certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the
Administrator that such systems can be safely integrated into
aircraft systems and ensure airworthiness and aircraft system
integrity.
(2) CERTIFICATION ACCEPTANCE.—Under the process, the
Administrator shall accept the certification of the Department
of Homeland Security that a missile defense system is effective
and functional to defend commercial aircraft against
MANPADSs.
(3) EXPEDITIOUS CERTIFICATION.—Under the process, the
Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft
certified by the Department of Homeland Security.
(4) REPORTS.—Not later than 90 days after the first airworthiness and safety certification for a missile defense system
for commercial aircraft is issued by the Administrator, and
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PUBLIC LAW 108–458—DEC. 17, 2004
annually thereafter until December 31, 2008, the Federal Aviation Administration shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains a detailed description
of each airworthiness and safety certification issued for a missile defense system for commercial aircraft.
(c) PROGRAMS TO REDUCE MANPADS.—
(1) IN GENERAL.—The President is encouraged to pursue
strong programs to reduce the number of MANPADSs worldwide so that fewer MANPADSs will be available for trade,
proliferation, and sale.
(2) REPORTING AND BRIEFING REQUIREMENTS.—Not later
than 180 days after the date of enactment of this Act, the
President shall transmit to the appropriate congressional
committees a report that contains a detailed description of
the status of the programs being pursued under subsection
(a). Annually thereafter until the programs are no longer
needed, the Secretary of State shall brief the appropriate
congressional committees on the status of programs.
(3) FUNDING.—There is authorized to be appropriated such
sums as may be necessary to carry out this section.
(d) MANPADS VULNERABILITY ASSESSMENTS REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of enactment of this Act, the Secretary of Homeland Security
shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a
report describing the Department of Homeland Security’s plans
to secure airports and the aircraft arriving and departing from
airports against MANPADSs attacks.
(2) MATTERS TO BE ADDRESSED.—The Secretary’s report
shall address, at a minimum, the following:
(A) The status of the Department’s efforts to conduct
MANPADSs vulnerability assessments at United States
airports at which the Department is conducting assessments.
(B) How intelligence is shared between the United
States intelligence agencies and Federal, State, and local
law enforcement to address the MANPADS threat and
potential ways to improve such intelligence sharing.
(C) Contingency plans that the Department has developed in the event that it receives intelligence indicating
a high threat of a MANPADS attack on aircraft at or
near United States airports.
(D) The feasibility and effectiveness of implementing
public education and neighborhood watch programs in
areas surrounding United States airports in cases in which
intelligence reports indicate there is a high risk of
MANPADS attacks on aircraft.
(E) Any other issues that the Secretary deems relevant.
(3) FORMAT.—The report required by this subsection may
be submitted in a classified format.
(e) DEFINITIONS.—In this section, the following definitions
apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
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(A) the Committee on Armed Services, the Committee
on International Relations, and the Committee on
Transportation and Infrastructure of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) MANPADS.—The term ‘‘MANPADS’’ means—
(A) a surface-to-air missile system designed to be manportable and carried and fired by a single individual; and
(B) any other surface-to-air missile system designed
to be operated and fired by more than one individual acting
as a crew and portable by several individuals.
SEC. 4027. TECHNICAL CORRECTIONS.
(a) ADMINISTRATIVE IMPOSITION OF PENALTIES.—Section
46301(d) of title 49, United States Code, is amended—
(1) in the first sentence of paragraph (2) by striking ‘‘46302,
46303,’’ and inserting ‘‘46302 (for a violation relating to section
46504),’’;
(2) in the second sentence of paragraph (2)—
(A) by striking ‘‘Under Secretary of Transportation for
Security’’ and inserting ‘‘Secretary of Homeland Security’’;
and
(B) by striking ‘‘44909)’’ and inserting ‘‘44909), 46302
(except for a violation relating to section 46504), 46303,’’;
(3) in paragraphs (2), (3), and (4) by striking ‘‘Under Secretary or’’ each place it occurs and inserting ‘‘Secretary of
Homeland Security or’’; and
(4) in paragraph (4)(A) by moving clauses (i), (ii), and
(iii) 2 ems to the left.
(b) COMPROMISE AND SETOFF FOR FALSE INFORMATION.—Section
46302(b)(1) of title 49, United States Code, is amended by striking
‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of Homeland
Security and, for a violation relating to section 46504, the Secretary
of Transportation,’’.
(c) CARRYING A WEAPON.—Section 46303 of title 49, United
States Code, is amended—
(1) in subsection (b)(1) by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of Homeland Security’’; and
(2) in subsection (c)(2) by striking ‘‘Under Secretary of
Transportation for Security’’ and inserting ‘‘Secretary of Homeland Security’’.
SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of the enactment of
this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall submit to the appropriate
congressional committees a report on the costs and benefits associated with the use of secondary flight deck barriers, including the
recommendation of the Assistant Secretary whether or not the
use of such barriers should be mandated for all air carriers. The
report may be submitted in a classified form.
SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY
FUNDING.
Section 48301(a) of title 49, United States Code, is amended
by striking ‘‘and 2005’’ and inserting ‘‘2005, and 2006’’.
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PUBLIC LAW 108–458—DEC. 17, 2004
Subtitle C—Air Cargo Security
49 USC 44901
note.
SEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT
CARGO AND BAGGAGE CONTAINERS.
Deadline.
(a) IN GENERAL.—Beginning not later than 180 days after the
date of enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall carry out
a pilot program to evaluate the use of blast-resistant containers
for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device.
(b) INCENTIVES FOR PARTICIPATION IN PILOT PROGRAM.—
(1) IN GENERAL.—As part of the pilot program, the Assistant Secretary shall provide incentives to air carriers to volunteer to test the use of blast-resistant containers for cargo and
baggage on passenger aircraft.
(2) APPLICATIONS.—To volunteer to participate in the incentive program, an air carrier shall submit to the Assistant Secretary an application that is in such form and contains such
information as the Assistant Secretary requires.
(3) TYPES OF INCENTIVES.—Incentives provided by the
Assistant Secretary to air carriers that volunteer to participate
in the pilot program shall include the use of, and financial
assistance to cover increased costs to the carriers associated
with the use and maintenance of, blast-resistant containers,
including increased fuel costs.
(c) TECHNOLOGICAL IMPROVEMENTS.—The Secretary of Homeland Security, in cooperation with the Secretary of Transportation,
shall support efforts to explore alternative technologies for minimizing the potential effects of detonation of an explosive device
on cargo and passenger aircraft.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out subsections (a) and (b) $2,000,000.
Such sum shall remain available until expended.
49 USC 44901
note.
SEC. 4052. AIR CARGO SECURITY.
Appropriation
authorization.
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(a) AIR CARGO SCREENING TECHNOLOGY.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop technology to better identify, track, and screen
air cargo.
(b) IMPROVED AIR CARGO AND AIRPORT SECURITY.—There is
authorized to be appropriated to the Secretary of Homeland Security
for the use of the Transportation Security Administration, in addition to any amounts otherwise authorized by law, for the purpose
of improving aviation security related to the transportation of cargo
on both passenger aircraft and all-cargo aircraft—
(1) $200,000,000 for fiscal year 2005;
(2) $200,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(c) RESEARCH, DEVELOPMENT, AND DEPLOYMENT.—To carry out
subsection (a), there is authorized to be appropriated to the Secretary, in addition to any amounts otherwise authorized by law,
for research and development related to enhanced air cargo security
technology as well as for deployment and installation of enhanced
air cargo security technology—
(1) $100,000,000 for fiscal year 2005;
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118 STAT. 3729
(2) $100,000,000 for fiscal year 2006; and
(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(d) ADVANCED CARGO SECURITY GRANTS.—
(1) IN GENERAL.—The Secretary shall establish and carry
out a program to issue competitive grants to encourage the
development of advanced air cargo security technology,
including use of innovative financing or other means of funding
such activities. The Secretary may make available funding for
this purpose from amounts appropriated pursuant to subsection
(c).
(2) ELIGIBILITY CRITERIA, ETC.—The Secretary shall establish such eligibility criteria, establish such application and
administrative procedures, and provide for such matching
funding requirements, if any, as may be necessary and appropriate to ensure that the technology is deployed as fully and
rapidly as possible.
SEC. 4053. AIR CARGO SECURITY REGULATIONS.
Procedures.
Deadline.
Not later than 240 days after the date of enactment of this
Act, the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall issue a final rule in Docket Number
TSA-2004-19515 to amend transportation security regulations to
enhance and improve the security of air cargo transported in both
passenger and all-cargo aircraft.
SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS.
(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Administrator of the
Federal Aviation Administration, shall submit to the Committee
on Commerce, Science, and Transportation and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives a report that contains the following:
(1) A description of the current procedures in place to
address the threat of an inbound all-cargo aircraft from outside
the United States that intelligence sources indicate could carry
explosive, incendiary, chemical, biological, or nuclear devices.
(2) An analysis of the potential for establishing secure
facilities along established international aviation routes for the
purposes of diverting and securing aircraft described in paragraph (1).
(b) REPORT FORMAT.—The Secretary may submit all, or part,
of the report required by this section in such a classified and
redacted format as the Secretary determines appropriate or necessary.
Subtitle D—Maritime Security
SEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS.
(a) WATCH LISTS.—
(1) IN GENERAL.—As soon as practicable but not later than
180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall—
(A) implement a procedure under which the Department of Homeland Security compares information about
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Regulations.
Guidelines.
Procedures.
PUBLIC LAW 108–458—DEC. 17, 2004
passengers and crew who are to be carried aboard a cruise
ship with a comprehensive, consolidated database containing information about known or suspected terrorists
and their associates;
(B) use the information obtained by comparing the
passenger and crew information with the information in
the database to prevent known or suspected terrorists and
their associates from boarding such ships or to subject
them to specific additional security scrutiny, through the
use of ‘‘no transport’’ and ‘‘automatic selectee’’ lists or other
means.
(2) WAIVER.—The Secretary may waive the requirement
in paragraph (1)(B) with respect to cruise ships embarking
at foreign ports if the Secretary determines that the application
of such requirement to such cruise ships is impracticable.
(b) COOPERATION FROM OPERATORS OF CRUISE SHIPS.—The Secretary of Homeland Security shall by rulemaking require operators
of cruise ships to provide the passenger and crew information
necessary to implement the procedure required by subsection (a).
(c) MAINTENANCE OF ACCURACY AND INTEGRITY OF ‘‘NO TRANSPORT’’ AND ‘‘AUTOMATIC SELECTEE’’ LISTS.—
(1) WATCH LIST DATABASE.—The Secretary of Homeland
Security, in consultation with the Terrorist Screening Center,
shall develop guidelines, policies, and operating procedures for
the collection, removal, and updating of data maintained, or
to be maintained, in the ‘‘no transport’’ and ‘‘automatic selectee’’
lists described in subsection (a)(1) that are designed to ensure
the accuracy and integrity of the lists.
(2) ACCURACY OF ENTRIES.—In developing the ‘‘no transport’’ and ‘‘automatic selectee’’ lists under subsection (a)(1)(B),
the Secretary shall establish a simple and timely method for
correcting erroneous entries, for clarifying information known
to cause false hits or misidentification errors, and for updating
relevant information that is dispositive in the passenger and
crew screening process. The Secretary shall also establish a
process to provide an individual whose name is confused with,
or similar to, a name in the watch list database with a means
of demonstrating that such individual is not the person named
in the database.
(d) CRUISE SHIP DEFINED.—In this section, the term ‘‘cruise
ship’’ means a vessel on an international voyage that embarks
or disembarks passengers at a port of United States jurisdiction
to which subpart C of part 160 of title 33, Code of Federal Regulations, applies and that provides overnight accommodations.
SEC. 4072. DEADLINES FOR COMPLETION
REPORTS, AND ASSESSMENTS.
OF
CERTAIN
PLANS,
(a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.—
Section 70103(a)(1) of title 46, United States Code, is amended
by striking ‘‘The Secretary’’ and inserting ‘‘Not later than April
1, 2005, the Secretary’’.
(b) FACILITY AND VESSEL VULNERABILITY ASSESSMENTS.—Section 70102(b)(1) of title 46, United States Code, is amended by
striking ‘‘, the Secretary’’ and inserting ‘‘and by not later than
December 31, 2004, the Secretary’’.
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(c) STRATEGIC PLAN REPORTS.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives—
(1) a comprehensive program management plan that identifies specific tasks to be completed, and deadlines for completion,
for the transportation security card program under section
70105 of title 46, United States Code, that incorporates best
practices for communicating, coordinating, and collaborating
with the relevant stakeholders to resolve relevant issues, such
as background checks;
(2) a report on the status of negotiations under section
103(a) of the Maritime Transportation Security Act of 2002
(46 U.S.C. 70111);
(3) the report required by section 107(b) of the Maritime
Transportation Security Act of 2002 (33 U.S.C. 1226 note);
and
(4) a report on the status of the development of the system
and standards required by section 111 of the Maritime
Transportation Security Act of 2002 (46 U.S.C. 70116 note).
(d) OTHER REPORTS.—Not later than 90 days after the date
of the enactment of this Act—
(1) the Secretary of Homeland Security shall submit to
the appropriate congressional committees—
(A) a report on the establishment of the National Maritime Security Advisory Committee under section 70112
of title 46, United States Code; and
(B) a report on the status of the program required
by section 70116 of title 46, United States Code, to evaluate
and certify secure systems of international intermodal
transportation;
(2) the Secretary of Transportation shall submit to the
appropriate congressional committees the annual report
required by section 905 of the International Maritime and
Port Security Act (46 U.S.C. App. 1802) that includes information that should have been included in the last preceding annual
report that was due under that section; and
(3) the Commandant of the United States Coast Guard
shall submit to the appropriate congressional committees the
report required by section 110(b) of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note).
Subtitle E—General Provisions
SEC. 4081. DEFINITIONS.
In this title (other than in sections 4001 and 4026), the following
definitions apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives.
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note.
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PUBLIC LAW 108–458—DEC. 17, 2004
(2) AVIATION DEFINITIONS.—The terms ‘‘air carrier’’, ‘‘air
transportation’’, ‘‘aircraft’’, ‘‘airport’’, ‘‘cargo’’, ‘‘foreign air carrier’’, and ‘‘intrastate air transportation’’ have the meanings
given such terms in section 40102 of title 49, United States
Code.
(3) SECURE AREA OF AN AIRPORT.—The term ‘‘secure area
of an airport’’ means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined
in section 1540.5 of title 49, Code of Federal Regulations, or
any successor regulations).
49 USC 114 note.
SEC. 4082. EFFECTIVE DATE.
This title shall take effect on the date of enactment of this
Act.
TITLE V—BORDER PROTECTION,
IMMIGRATION, AND VISA MATTERS
Subtitle A—Advanced Technology
Northern Border Security Pilot Program
8 USC 1712 note.
SEC. 5101. ESTABLISHMENT.
The Secretary of Homeland Security may carry out a pilot
program to test various advanced technologies that will improve
border security between ports of entry along the northern border
of the United States.
8 USC 1712 note.
SEC. 5102. PROGRAM REQUIREMENTS.
(a) REQUIRED FEATURES.—The Secretary of Homeland Security
shall design the pilot program under this subtitle to have the
following features:
(1) Use of advanced technological systems, including sensors, video, and unmanned aerial vehicles, for border surveillance.
(2) Use of advanced computing and decision integration
software for—
(A) evaluation of data indicating border incursions;
(B) assessment of threat potential; and
(C) rapid real-time communication, monitoring, intelligence gathering, deployment, and response.
(3) Testing of advanced technology systems and software
to determine best and most cost-effective uses of advanced
technology to improve border security.
(4) Operation of the program in remote stretches of border
lands with long distances between 24-hour ports of entry with
a relatively small presence of United States border patrol officers.
(5) Capability to expand the program upon a determination
by the Secretary that expansion would be an appropriate and
cost-effective means of improving border security.
(b) COORDINATION WITH OTHER AGENCIES.—The Secretary of
Homeland Security shall ensure that the operation of the pilot
program under this subtitle—
(1) is coordinated among United States, State, local, and
Canadian law enforcement and border security agencies; and
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(2) includes ongoing communication among such agencies.
SEC. 5103. ADMINISTRATIVE PROVISIONS.
8 USC 1712 note.
(a) PROCUREMENT OF ADVANCED TECHNOLOGY.—The Secretary
of Homeland Security may enter into contracts for the procurement
or use of such advanced technologies as the Secretary determines
appropriate for the pilot program under this subtitle.
(b) PROGRAM PARTNERSHIPS.—In carrying out the pilot program
under this subtitle, the Secretary of Homeland Security may provide
for the establishment of cooperative arrangements for participation
in the pilot program by such participants as law enforcement and
border security agencies referred to in section 5102(b), institutions
of higher education, and private sector entities.
SEC. 5104. REPORT.
8 USC 1712 note.
(a) REQUIREMENT FOR REPORT.—Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland
Security shall submit to Congress a report on the pilot program
under this subtitle.
(b) CONTENT.—The report under subsection (a) shall include
the following matters:
(1) A discussion of the implementation of the pilot program,
including the experience under the pilot program.
(2) A recommendation regarding whether to expand the
pilot program along the entire northern border of the United
States and a timeline for the implementation of the expansion.
SEC. 5105. AUTHORIZATION OF APPROPRIATIONS.
8 USC 1712 note.
There is authorized to be appropriated such sums as may
be necessary to carry out the pilot program under this subtitle.
Subtitle B—Border and Immigration
Enforcement
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SEC. 5201. BORDER SURVEILLANCE.
8 USC 1701 note.
(a) IN GENERAL.—Not later than 6 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the President and the appropriate committees of Congress
a comprehensive plan for the systematic surveillance of the southwest border of the United States by remotely piloted aircraft.
(b) CONTENTS.—The plan submitted under subsection (a) shall
include—
(1) recommendations for establishing command and control
centers, operations sites, infrastructure, maintenance, and
procurement;
(2) cost estimates for the implementation of the plan and
ongoing operations;
(3) recommendations for the appropriate agent within the
Department of Homeland Security to be the executive agency
for remotely piloted aircraft operations;
(4) the number of remotely piloted aircraft required for
the plan;
(5) the types of missions the plan would undertake,
including—
(A) protecting the lives of people seeking illegal entry
into the United States;
Deadline.
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(B) interdicting illegal movement of people, weapons,
and other contraband across the border;
(C) providing investigative support to assist in the
dismantling of smuggling and criminal networks along the
border;
(D) using remotely piloted aircraft to serve as platforms
for the collection of intelligence against smugglers and
criminal networks along the border; and
(E) further validating and testing of remotely piloted
aircraft for airspace security missions;
(6) the equipment necessary to carry out the plan; and
(7) a recommendation regarding whether to expand the
pilot program along the entire southwest border.
(c) IMPLEMENTATION.—The Secretary of Homeland Security
shall implement the plan submitted under subsection (a) as a
pilot program as soon as sufficient funds are appropriated and
available for this purpose.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this section.
SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
Effective date.
In each of the fiscal years 2006 through 2010, the Secretary
of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 2,000 the number
of positions for full-time active-duty border patrol agents within
the Department of Homeland Security above the number of such
positions for which funds were allotted for the preceding fiscal
year. In each of the fiscal years 2006 through 2010, in addition
to the border patrol agents assigned along the northern border
of the United States during the previous fiscal year, the Secretary
shall assign a number of border patrol agents equal to not less
than 20 percent of the net increase in border patrol agents during
each such fiscal year.
SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS
ENFORCEMENT INVESTIGATORS.
Effective date.
In each of fiscal years 2006 through 2010, the Secretary of
Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 800 the number
of positions for full-time active duty investigators within the Department of Homeland Security investigating violations of immigration
laws (as defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17)) above the number of such
positions for which funds were made available during the preceding
fiscal year.
SEC. 5204. INCREASE IN DETENTION BED SPACE.
Effective date.
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(a) IN GENERAL.—Subject to the availability of appropriated
funds, the Secretary of Homeland Security shall increase by not
less than 8,000, in each of the fiscal years 2006 through 2010,
the number of beds available for immigration detention and removal
operations of the Department of Homeland Security above the
number for which funds were allotted for the preceding fiscal year.
(b) PRIORITY.—The Secretary shall give priority for the use
of these additional beds to the detention of individuals charged
with removability under section 237(a)(4) of the Immigration and
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Nationality Act (8 U.S.C. 1227(a)(4)) or inadmissibility under section
212(a)(3) of that Act (8 U.S.C. 1182(a)(3)).
Subtitle C—Visa Requirements
SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.
(a) REQUIREMENT FOR INTERVIEWS.—Section 222 of the
Immigration and Nationality Act (8 U.S.C. 1202) is amended by
adding at the end the following new subsection:
‘‘(h) Notwithstanding any other provision of this Act, the Secretary of State shall require every alien applying for a nonimmigrant visa—
‘‘(1) who is at least 14 years of age and not more than
79 years of age to submit to an in person interview with
a consular officer unless the requirement for such interview
is waived—
‘‘(A) by a consular official and such alien is—
‘‘(i) within that class of nonimmigrants enumerated
in subparagraph (A) or (G) of section 101(a)(15);
‘‘(ii) within the NATO visa category;
‘‘(iii) within that class of nonimmigrants enumerated in section 101(a)(15)(C)(iii) (referred to as the
‘C–3 visa’ category); or
‘‘(iv) granted a diplomatic or official visa on a
diplomatic or official passport or on the equivalent
thereof;
‘‘(B) by a consular official and such alien is applying
for a visa—
‘‘(i) not more than 12 months after the date on
which such alien’s prior visa expired;
‘‘(ii) for the visa classification for which such prior
visa was issued;
‘‘(iii) from the consular post located in the country
of such alien’s usual residence, unless otherwise prescribed in regulations that require an applicant to
apply for a visa in the country of which such applicant
is a national; and
‘‘(iv) the consular officer has no indication that
such alien has not complied with the immigration laws
and regulations of the United States; or
‘‘(C) by the Secretary of State if the Secretary determines that such waiver is—
‘‘(i) in the national interest of the United States;
or
‘‘(ii) necessary as a result of unusual or emergent
circumstances; and
‘‘(2) notwithstanding paragraph (1), to submit to an in
person interview with a consular officer if such alien—
‘‘(A) is not a national or resident of the country in
which such alien is applying for a visa;
‘‘(B) was previously refused a visa, unless such refusal
was overcome or a waiver of ineligibility has been obtained;
‘‘(C) is listed in the Consular Lookout and Support
System (or successor system at the Department of State);
‘‘(D) is a national of a country officially designated
by the Secretary of State as a state sponsor of terrorism,
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except such nationals who possess nationalities of countries
that are not designated as state sponsors of terrorism;
‘‘(E) requires a security advisory opinion or other
Department of State clearance, unless such alien is—
‘‘(i) within that class of nonimmigrants enumerated
in subparagraph (A) or (G) of section 101(a)(15);
‘‘(ii) within the NATO visa category;
‘‘(iii) within that class of nonimmigrants enumerated in section 101(a)(15)(C)(iii) (referred to as the
‘C–3 visa’ category); or
‘‘(iv) an alien who qualifies for a diplomatic or
official visa, or its equivalent; or
‘‘(F) is identified as a member of a group or sector
that the Secretary of State determines—
‘‘(i) poses a substantial risk of submitting inaccurate information in order to obtain a visa;
‘‘(ii) has historically had visa applications denied
at a rate that is higher than the average rate of such
denials; or
‘‘(iii) poses a security threat to the United States.’’.
SEC. 5302. VISA APPLICATION REQUIREMENTS.
Section 222(c) of the Immigration and Nationality Act (8 U.S.C.
1202(c)) is amended by inserting ‘‘The alien shall provide complete
and accurate information in response to any request for information
contained in the application.’’ after the second sentence.
8 USC 1202 note.
SEC. 5303. EFFECTIVE DATE.
Notwithstanding section 1086 or any other provision of this
Act, sections 5301 and 5302 shall take effect 90 days after the
date of enactment of this Act.
SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.
8 USC 1155 note.
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(a) LIMITATION ON REVIEW.—Section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)) is amended by adding at
the end the following: ‘‘There shall be no means of judicial review
(including review pursuant to section 2241 of title 28, United States
Code, or any other habeas corpus provision, and sections 1361
and 1651 of such title) of a revocation under this subsection, except
in the context of a removal proceeding if such revocation provides
the sole ground for removal under section 237(a)(1)(B).’’.
(b) CLASSES OF DEPORTABLE ALIENS.—Section 237(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is
amended by striking ‘‘United States is’’ and inserting the following:
‘‘United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i), is’’.
(c) REVOCATION OF PETITIONS.—Section 205 of the Immigration
and Nationality Act (8 U.S.C. 1155) is amended—
(1) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary
of Homeland Security’’; and
(2) by striking the final two sentences.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of enactment of this Act and shall
apply to revocations under sections 205 and 221(i) of the Immigration and Nationality Act (8 U.S.C. 1155, 1201(i)) made before,
on, or after such date.
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118 STAT. 3737
Subtitle D—Immigration Reform
SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) CRIMINAL PENALTIES.—Section 274(a) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)) is amended by adding at
the end the following:
‘‘(4) In the case of a person who has brought aliens into the
United States in violation of this subsection, the sentence otherwise
provided for may be increased by up to 10 years if—
‘‘(A) the offense was part of an ongoing commercial
organization or enterprise;
‘‘(B) aliens were transported in groups of 10 or more; and
‘‘(C)(i) aliens were transported in a manner that endangered their lives; or
‘‘(ii) the aliens presented a life-threatening health risk to
people in the United States.’’.
(b) OUTREACH PROGRAM.—Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (a),
is further amended by adding at the end the following:
‘‘(e) OUTREACH PROGRAM.—The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary
of State, as appropriate, shall develop and implement an outreach
program to educate the public in the United States and abroad
about the penalties for bringing in and harboring aliens in violation
of this section.’’.
SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARYTYPE TRAINING FROM TERRORIST ORGANIZATIONS.
Section 237(a)(4) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)) is amended by adding at the end the following:
‘‘(E) RECIPIENT OF MILITARY-TYPE TRAINING.—
‘‘(i) IN GENERAL.—Any alien who has received military-type training from or on behalf of any organization
that, at the time the training was received, was a
terrorist organization (as defined in subclause (I) or
(II) of section 212(a)(3)(B)(vi)), is deportable.
‘‘(ii) DEFINITION.—As used in this subparagraph,
the term ‘military-type training’ includes training in
means or methods that can cause death or serious
bodily injury, destroy or damage property, or disrupt
services to critical infrastructure, or training on the
use, storage, production, or assembly of any explosive,
firearm, or other weapon, including any weapon of
mass destruction (as defined in section 2332a(c)(2) of
title 18, United States Code).’’.
SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM
SYSTEM.
(a) STUDY.—Commencing not later than 30 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall conduct a study to evaluate the extent to which weaknesses in the United States asylum system and withholding of
removal system have been or could be exploited by aliens connected
to, charged in connection with, or tied to terrorist activity.
(b) ELEMENTS.—The study under subsection (a) shall address,
but not be limited to, the following:
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PUBLIC LAW 108–458—DEC. 17, 2004
(1) The number of aliens connected to, tied to, charged
in connection with, or who claim to have been accused of
or charged in connection with terrorist activity who have
applied for, been granted, or been denied asylum.
(2) The number of aliens connected to, tied to, charged
in connection with, or who claim to have been accused of
or charged in connection with terrorist activity who have
applied for, been granted, or been denied release from detention.
(3) The number of aliens connected to, tied to, charged
in connection with, or who claim to have been accused of
or charged in connection with terrorist activity who have been
denied asylum but who remain at large in the United States.
(4) The effect of the confidentiality provisions of section
208.6 of title 8, Code of Federal Regulations, on the ability
of the United States Government to establish that an alien
is connected to or tied to terrorist activity, such that the alien
is barred from asylum or withholding of removal, is removable
from the United States, or both.
(5) The effect that precedential decisions, if any, holding
that the extrajudicial punishment of an individual connected
to terrorism, or guerrilla or militant activity abroad, or threats
of such punishment, constitute persecution on account of political opinion as defined in section 101(a)(42) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(42)), have had on the
ability of the United States Government to remove aliens whom
the United States Government believes are connected to or
have ties to terrorism.
(6) The extent to which court precedents have affected
the ability of the United States Government to determine or
prove that an alien the United States Government believes
to be connected to or tied to terrorism is in fact so connected
or tied, including—
(A) so-called ‘‘imputed political opinion’’;
(B) judicial review, reversal, or both of the credibility
determinations of immigration judges; and
(C) the need to use classified information in removal
proceedings against aliens suspected of connections or ties
to terrorism.
(7) The likelihood that an alien connected to or with ties
to terrorism has been granted asylum or withholding of
removal.
(8) The likelihood that an alien connected to or with ties
to terrorism has used the United States asylum system to
enter or remain in the United States in order to plan, conspire,
or carry out, or attempt to plan, conspire, or carry out, an
act of terrorism.
(c) CONSIDERATION AND ASSESSMENT.—Solely for purposes of
conducting the study under subsection (a), the Comptroller General
shall consider the possibility, and assess the likelihood, that an
alien whom the United States Government accuses or has accused
of having a connection to or ties to terrorism is in fact connected
to or tied to terrorism, notwithstanding any administrative or
judicial determination to the contrary.
(d) SCOPE.—In conducting the study under subsection (a), the
Comptroller General shall seek information from the Department
of Homeland Security, the Federal Bureau of Investigation, the
Central Intelligence Agency, the Department of Justice, foreign
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118 STAT. 3739
governments, experts in the field of alien terrorists, and any other
appropriate source.
(e) PRIVACY.—
(1) IN GENERAL.—Notwithstanding section 208.6 of title
8, Code of Federal Regulations, the Comptroller General shall,
for purposes of the study under subsection (a), have access
to the applications and administrative and judicial records of
alien applicants for asylum and withholding of removal. Except
for purposes of preparing the reports under subsection (f), such
information shall not be further disclosed or disseminated, nor
shall the names or personal identifying information of any
applicant be released.
(2) SECURITY OF RECORDS.—The Comptroller General shall
ensure that records received pursuant to this section are appropriately secured to prevent their inadvertent disclosure.
(f) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 270 days after the date
of the enactment of this Act, the Comptroller General shall
submit to the appropriate committees of Congress and the
Secretary of Homeland Security a report on the findings and
recommendations of the Comptroller General under the study
under subsection (a).
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) The assessment of the Comptroller General on
each matter specified in subsection (b).
(B) Any recommendations of the Comptroller General
for such administrative action on any matter specified in
subsection (a) as the Comptroller General considers necessary to better protect the national security of the United
States.
(C) Any recommendations of the Comptroller General
for such legislative action on any matter specified in subsection (a) as the Comptroller General considers necessary
to better protect the national security of the United States.
(3) FORM.—If necessary, the Comptroller General may
submit a classified and unclassified version of the report under
paragraph (1).
(g) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of Representatives.
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PUBLIC LAW 108–458—DEC. 17, 2004
Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO
HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL
KILLINGS ABROAD.
(a) INADMISSIBILITY.—Section 212(a)(3)(E) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended—
(1) in clause (ii), by striking ‘‘has engaged in conduct that
is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is inadmissible’’ and inserting ‘‘ordered, incited, assisted, or otherwise
participated in conduct outside the United States that would,
if committed in the United States or by a United States
national, be genocide, as defined in section 1091(a) of title
18, United States Code, is inadmissible’’;
(2) by adding at the end the following:
‘‘(iii) COMMISSION OF ACTS OF TORTURE OR
EXTRAJUDICIAL KILLINGS.—Any alien who, outside the
United States, has committed, ordered, incited,
assisted, or otherwise participated in the commission
of—
‘‘(I) any act of torture, as defined in section
2340 of title 18, United States Code; or
‘‘(II) under color of law of any foreign nation,
any extrajudicial killing, as defined in section 3(a)
of the Torture Victim Protection Act of 1991 (28
U.S.C. 1350 note),
is inadmissible.’’; and
(3) in the subparagraph heading, by striking ‘‘PARTICIPANTS
IN NAZI PERSECUTION OR GENOCIDE’’ and inserting ‘‘PARTICIPANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION
OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING’’.
(b) DEPORTABILITY.—Section 237(a)(4)(D) of such Act (8 U.S.C.
1227(a)(4)(D)) is amended—
(1) by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clause
(i), (ii), or (iii)’’; and
(2) in the subparagraph heading, by striking ‘‘ASSISTED
IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE’’ and inserting
‘‘PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE
COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL
KILLING’’.
(c) EFFECTIVE DATE.—The amendments made by this section
8 USC 1182 note.
shall apply to offenses committed before, on, or after the date
of enactment of this Act.
SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN
GOVERNMENT OFFICIALS WHO HAVE COMMITTED
PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS
FREEDOM.
(a) GROUND OF INADMISSIBILITY.—Section 212(a)(2)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is
amended to read as follows:
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‘‘(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS
FREEDOM.—Any alien who, while serving as a foreign
government official, was responsible for or directly carried
out, at any time, particularly severe violations of religious
freedom, as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402), is inadmissible.’’.
(b) GROUND OF DEPORTABILITY.—Section 237(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended
by adding at the end the following:
‘‘(E) PARTICIPATED IN THE COMMISSION OF SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.—Any alien described in
section 212(a)(2)(G) is deportable.’’.
SEC. 5503. WAIVER OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘and 3(E)’’ and
inserting ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’; and
(2) in subparagraph (B), by striking ‘‘and 3(E)’’ and
inserting ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’.
SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE
COMMITTED
ACTS
OF
TORTURE,
EXTRAJUDICIAL
KILLINGS, OR SEVERE VIOLATIONS OF RELIGIOUS
FREEDOM.
Section 101(f) of the Immigration and Nationality Act (8 U.S.C.
1101(f)) is amended—
(1) by striking the period at the end of paragraph (8)
and inserting ‘‘; or’’; and
(2) by adding at the end the following:
‘‘(9) one who at any time has engaged in conduct described
in section 212(a)(3)(E) (relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture
or extrajudicial killings) or 212(a)(2)(G) (relating to severe violations of religious freedom).’’.
SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.—
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103)
is amended by adding at the end the following:
‘‘(h)(1) The Attorney General shall establish within the Criminal
Division of the Department of Justice an Office of Special Investigations with the authority to detect and investigate, and, where
appropriate, to take legal action to denaturalize any alien described
in section 212(a)(3)(E).
‘‘(2) The Attorney General shall consult with the Secretary
of Homeland Security in making determinations concerning the
criminal prosecution or extradition of aliens described in section
212(a)(3)(E).
‘‘(3) In determining the appropriate legal action to take against
an alien described in section 212(a)(3)(E), consideration shall be
given to—
‘‘(A) the availability of criminal prosecution under the laws
of the United States for any conduct that may form the basis
for removal and denaturalization; or
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PUBLIC LAW 108–458—DEC. 17, 2004
‘‘(B) the availability of extradition of the alien to a foreign
jurisdiction that is prepared to undertake a prosecution for
such conduct.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Department of Justice such sums as may be necessary
to carry out the additional duties established under section
103(h) of the Immigration and Nationality Act (as added by
this subtitle) in order to ensure that the Office of Special
Investigations fulfills its continuing obligations regarding Nazi
war criminals.
(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to paragraph (1) are authorized to remain available until
expended.
SEC. 5506. REPORT ON IMPLEMENTATION.
Not later than 180 days after the date of enactment of this
Act, the Attorney General, in consultation with the Secretary of
Homeland Security, shall submit to the Committees on the Judiciary
of the Senate and the House of Representatives a report on
implementation of this subtitle that includes a description of—
(1) the procedures used to refer matters to the Office of
Special Investigations and other components within the Department of Justice and the Department of Homeland Security
in a manner consistent with the amendments made by this
subtitle;
(2) the revisions, if any, made to immigration forms to
reflect changes in the Immigration and Nationality Act made
by the amendments contained in this subtitle; and
(3) the procedures developed, with adequate due process
protection, to obtain sufficient evidence to determine whether
an alien may be inadmissible under the terms of the amendments made by this subtitle.
TITLE VI—TERRORISM PREVENTION
Subtitle A—Individual Terrorists as Agents
of Foreign Powers
SEC. 6001. INDIVIDUAL
POWERS.
50 USC 1801
note.
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TERRORISTS
AS
AGENTS
OF
FOREIGN
(a) IN GENERAL.—Section 101(b)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by
adding at the end the following new subparagraph:
‘‘(C) engages in international terrorism or activities
in preparation therefore; or’’.
(b) SUNSET.—The amendment made by subsection (a) shall
be subject to the sunset provision in section 224 of Public Law
107–56 (115 Stat. 295), including the exception provided in subsection (b) of such section 224.
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118 STAT. 3743
SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS
UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978.
(a) ADDITIONAL REPORTING REQUIREMENTS.—The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended—
(1) by redesignating—
(A) title VI as title VII; and
(B) section 601 as section 701; and
(2) by inserting after title V the following new title:
50 USC 1801
note.
‘‘TITLE VI—REPORTING REQUIREMENT
‘‘SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.
‘‘(a) REPORT.—On a semiannual basis, the Attorney General
shall submit to the Permanent Select Committee on Intelligence
of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of
the House of Representatives and the Senate, in a manner consistent with the protection of the national security, a report setting
forth with respect to the preceding 6-month period—
‘‘(1) the aggregate number of persons targeted for orders
issued under this Act, including a breakdown of those targeted
for—
‘‘(A) electronic surveillance under section 105;
‘‘(B) physical searches under section 304;
‘‘(C) pen registers under section 402; and
‘‘(D) access to records under section 501;
‘‘(2) the number of individuals covered by an order issued
pursuant to section 101(b)(1)(C);
‘‘(3) the number of times that the Attorney General has
authorized that information obtained under this Act may be
used in a criminal proceeding or any information derived therefrom may be used in a criminal proceeding;
‘‘(4) a summary of significant legal interpretations of this
Act involving matters before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of
Review, including interpretations presented in applications or
pleadings filed with the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of Review by
the Department of Justice; and
‘‘(5) copies of all decisions (not including orders) or opinions
of the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review that include significant
construction or interpretation of the provisions of this Act.
‘‘(b) FREQUENCY.—The first report under this section shall be
submitted not later than 6 months after the date of enactment
of this section. Subsequent reports under this section shall be
submitted semi-annually thereafter.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the Foreign Intelligence Act of 1978 (50 U.S.C. 1801 et seq.) is amended
by striking the items relating to title VI and inserting the following
new items:
50 USC 1871
note.
‘‘TITLE VI—REPORTING REQUIREMENT
‘‘Sec. 601. Semiannual report of the Attorney General.
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PUBLIC LAW 108–458—DEC. 17, 2004
‘‘TITLE VII—EFFECTIVE DATE
‘‘Sec. 701. Effective date.’’.
Subtitle B—Money Laundering and
Terrorist Financing
SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.
Subsection (d) of section 310 of title 31, United States Code,
is amended—
(1) by striking ‘‘APPROPRIATIONS.—There are authorized’’
and inserting ‘‘APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) AUTHORIZATION FOR FUNDING KEY TECHNOLOGICAL
IMPROVEMENTS IN MISSION-CRITICAL FINCEN SYSTEMS.—There
are authorized to be appropriated for fiscal year 2005 the
following amounts, which are authorized to remain available
until expended:
‘‘(A) BSA DIRECT.—For technological improvements to
provide authorized law enforcement and financial regulatory agencies with Web-based access to FinCEN data,
to fully develop and implement the highly secure network
required under section 362 of Public Law 107–56 to expedite the filing of, and reduce the filing costs for, financial
institution reports, including suspicious activity reports,
collected by FinCEN under chapter 53 and related provisions of law, and enable FinCEN to immediately alert
financial institutions about suspicious activities that warrant immediate and enhanced scrutiny, and to provide
and upgrade advanced information-sharing technologies to
materially improve the Government’s ability to exploit the
information in the FinCEN data banks, $16,500,000.
‘‘(B) ADVANCED ANALYTICAL TECHNOLOGIES.—To provide advanced analytical tools needed to ensure that the
data collected by FinCEN under chapter 53 and related
provisions of law are utilized fully and appropriately in
safeguarding financial institutions and supporting the war
on terrorism, $5,000,000.
‘‘(C) DATA NETWORKING MODERNIZATION.—To improve
the telecommunications infrastructure to support the
improved capabilities of the FinCEN systems, $3,000,000.
‘‘(D) ENHANCED COMPLIANCE CAPABILITY.—To improve
the effectiveness of the Office of Compliance in FinCEN,
$3,000,000.
‘‘(E) DETECTION AND PREVENTION OF FINANCIAL CRIMES
AND TERRORISM.—To provide development of, and training
in the use of, technology to detect and prevent financial
crimes and terrorism within and without the United States,
$8,000,000.’’.
SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY
REAUTHORIZATION.
(a) PROGRAM.—Section 5341(a)(2) of title 31, United States
Code, is amended—
(1) by striking ‘‘February 1’’ and inserting ‘‘August 1’’;
and
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(2) by striking ‘‘and 2003,’’ and inserting ‘‘2003, 2005, and
2007,’’.
(b) REAUTHORIZATION OF APPROPRIATIONS.—Section 5355 of title
31, United States Code, is amended by adding at the end the
following:
‘‘2004 ...................................................
‘‘2005 ...................................................
$15,000,000.
$15,000,000.’’.
Subtitle C—Money Laundering Abatement
and Financial Antiterrorism Technical
Corrections
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ‘‘International Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004’’.
International
Money
Laundering
Abatement and
Financial
Antiterrorism
Technical
Corrections Act
of 2004.
31 USC 5301
note.
SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107–56.
(a) The heading of title III of Public Law 107–56 is amended
to read as follows:
115 Stat. 296.
‘‘TITLE III—INTERNATIONAL MONEY
LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF
2001’’.
(b) The table of contents for Public Law 107–56 is amended
by striking the item relating to title III and inserting the following:
‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND
FINANCIAL ANTITERRORISM ACT OF 2001’’.
(c) Section 302 of Public Law 107–56 is amended—
(1) in subsection (a)(4), by striking the comma after ‘‘movement of criminal funds’’;
(2) in subsection (b)(7), by inserting ‘‘or types of accounts’’
after ‘‘classes of international transactions’’; and
(3) in subsection (b)(10), by striking ‘‘subchapters II and
III’’ and inserting ‘‘subchapter II’’.
(d) Section 303(a) of Public Law 107–56 is amended by striking
‘‘Anti-Terrorist
Financing
Act’’
and
inserting
‘‘Financial
Antiterrorism Act’’.
(e) The heading for section 311 of Public Law 107–56 is
amended by striking ‘‘OR INTERNATIONAL TRANSACTIONS’’ and
inserting ‘‘INTERNATIONAL TRANSACTIONS, OR TYPES OF
ACCOUNTS’’.
(f) Section 314 of Public Law 107–56 is amended—
(1) in paragraph (1)—
(A) by inserting a comma after ‘‘organizations engaged
in’’; and
(B) by inserting a comma after ‘‘credible evidence of
engaging in’’;
(2) in paragraph (2)(A)—
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31 USC 5311
note.
31 USC 5311
note.
31 USC 5311
note.
31 USC 5311
note.
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31 USC 5312.
31 USC 5318.
12 USC 1842
note, 1828 note.
31 USC 5311
note.
12 USC 1953.
22 USC 262p–4r.
31 USC 310 note.
31 USC 5301.
31 USC 5331
note.
PUBLIC LAW 108–458—DEC. 17, 2004
(A) by striking ‘‘and’’ after ‘‘nongovernmental organizations,’’; and
(B) by inserting a comma after ‘‘unwittingly involved
in such finances’’;
(3) in paragraph (3)(A)—
(A) by striking ‘‘to monitor accounts of’’ and inserting
‘‘monitor accounts of,’’; and
(B) by striking the comma after ‘‘organizations identified’’; and
(4) in paragraph (3)(B), by inserting ‘‘financial’’ after ‘‘size,
and nature of the’’.
(g) Section 321(a) of Public Law 107–56 is amended by striking
‘‘5312(2)’’ and inserting ‘‘5312(a)(2)’’.
(h) Section 325 of Public Law 107–56 is amended by striking
‘‘as amended by section 202 of this title,’’ and inserting ‘‘as amended
by section 352,’’.
(i) Subsections (a)(2) and (b)(2) of section 327 of Public Law
107–56 are each amended by striking ‘‘2001’’ and all that follows
and inserting a period.
(j) Section 356(c)(4) of Public Law 107–56 is amended by
striking ‘‘or business or other grantor trust’’ and inserting ‘‘, business trust, or other grantor trust’’.
(k) Section 358(e) of Public Law 107–56 is amended—
(1) by striking ‘‘Section 123(a)’’ and inserting ‘‘That portion
of section 123(a)’’;
(2) by striking ‘‘is amended to read’’ and inserting ‘‘that
precedes paragraph (1) of such section is amended to read’’;
and
(3) in the amendment made in that subsection (e), by
striking ‘‘person.’’ and inserting the following: ‘‘person—’’.
(l) Section 360 of Public Law 107–56 is amended—
(1) in subsection (a), by inserting ‘‘the’’ after ‘‘utilization
of the funds of’’; and
(2) in subsection (b), by striking ‘‘at such institutions’’ and
inserting ‘‘at such institution’’.
(m) Section 362(a)(1) of Public Law 107–56 is amended by
striking ‘‘subchapter II or III’’ and inserting ‘‘subchapter II’’.
(n) Section 365 of Public Law 107–56 is amended—
(1) by redesignating the second of the 2 subsections designated as subsection (c) (relating to a clerical amendment)
as subsection (d); and
(2) by redesignating subsection (f) as subsection (e).
(o) Section 365(d) of Public Law 107–56 (as so redesignated
by subsection (n) of this section) is amended by striking ‘‘section
5332 (as added by section 112 of this title)’’ and inserting ‘‘section
5330’’.
SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
(a) Section 310(c) of title 31, United States Code, is amended
by striking ‘‘the Network’’ each place such term appears and
inserting ‘‘FinCEN’’.
(b) Section 5312(a)(3)(C) of title 31, United States Code, is
amended by striking ‘‘sections 5333 and 5316’’ and inserting ‘‘sections 5316 and 5331’’.
(c) Section 5318(i) of title 31, United States Code, is amended—
(1) in paragraph (3)(B), by inserting a comma after ‘‘foreign
political figure’’ the second place such term appears; and
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(2) in the heading of paragraph (4), by striking ‘‘DEFINIand inserting ‘‘DEFINITIONS’’.
(d) Section 5318(k)(1)(B) of title 31, United States Code, is
amended by striking ‘‘section 5318A(f)(1)(B)’’ and inserting ‘‘section
5318A(e)(1)(B)’’.
(e) The heading for section 5318A of title 31, United States
Code, is amended to read as follows:
TION’’
‘‘§ 5318A. Special measures for jurisdictions, financial institutions, international transactions, or types of
accounts of primary money laundering concern’’.
(f) Section 5318A of title 31, United States Code, is amended—
(1) in subsection (a)(4)(A), by striking ‘‘, as defined in
section 3 of the Federal Deposit Insurance Act,’’ and inserting
‘‘(as defined in section 3 of the Federal Deposit Insurance
Act)’’;
(2) in subsection (a)(4)(B)(iii), by striking ‘‘or class of transactions’’ and inserting ‘‘class of transactions, or type of account’’;
(3) in subsection (b)(1)(A), by striking ‘‘or class of transactions to be’’ and inserting ‘‘class of transactions, or type
of account to be’’; and
(4) in subsection (e)(3), by inserting ‘‘or subsection (i) or
(j) of section 5318’’ after ‘‘identification of individuals under
this section’’.
(g) Section 5324(b) of title 31, United States Code, is amended
by striking ‘‘5333’’ each place such term appears and inserting
‘‘5331’’.
(h) Section 5332 of title 31, United States Code, is amended—
(1) in subsection (b)(2), by striking ‘‘, subject to subsection
(d) of this section’’; and
(2) in subsection (c)(1), by striking ‘‘, subject to subsection
(d) of this section,’’.
(i) The table of sections for subchapter II of chapter 53 of
title 31, United States Code, is amended by striking the item
relating to section 5318A and inserting the following:
‘‘5318A. Special measures for jurisdictions, financial institutions, international
transactions, or types of accounts of primary money laundering concern.’’.
(j) Section 18(w)(3) of the Federal Deposit Insurance Act (12
U.S.C. 1828(w)(3)) is amended by inserting a comma after ‘‘agent
of such institution’’.
(k) Section 21(a)(2) of the Federal Deposit Insurance Act (12
U.S.C. 1829b(a)(2)) is amended by striking ‘‘recognizes that’’ and
inserting ‘‘recognizing that’’.
(l) Section 626(e) of the Fair Credit Reporting Act (15 U.S.C.
1681v(e)) is amended by striking ‘‘governmental agency’’ and
inserting ‘‘government agency’’.
SEC. 6204. REPEAL OF REVIEW.
Title III of Public Law 107–56 is amended by striking section
303 (31 U.S.C. 5311 note).
SEC. 6205. EFFECTIVE DATE.
The amendments made by this subchapter to Public Law 107–
56, the United States Code, the Federal Deposit Insurance Act,
and any other provision of law shall take effect as if such amendments had been included in Public Law 107–56, as of the date
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PUBLIC LAW 108–458—DEC. 17, 2004
of enactment of such Public Law, and no amendment made by
such Public Law that is inconsistent with an amendment made
by this subchapter shall be deemed to have taken effect.
Subtitle D—Additional Enforcement Tools
SEC. 6301. BUREAU OF
PRINTING.
ENGRAVING
AND
PRINTING
SECURITY
(a) PRODUCTION OF DOCUMENTS.—Section 5114(a) of title 31,
United States Code (relating to engraving and printing currency
and security documents), is amended—
(1) by striking ‘‘(a) The Secretary of the Treasury’’ and
inserting:
‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury’’; and
(2) by adding at the end the following new paragraphs:
‘‘(2) ENGRAVING AND PRINTING FOR OTHER GOVERNMENTS.—
The Secretary of the Treasury may produce currency, postage
stamps, and other security documents for foreign governments
if—
‘‘(A) the Secretary of the Treasury determines that
such production will not interfere with engraving and
printing needs of the United States; and
‘‘(B) the Secretary of State determines that such
production would be consistent with the foreign policy of
the United States.
‘‘(3) PROCUREMENT GUIDELINES.—Articles, material, and
supplies procured for use in the production of currency, postage
stamps, and other security documents for foreign governments
pursuant to paragraph (2) shall be treated in the same manner
as articles, material, and supplies procured for public use within
the United States for purposes of title III of the Act of March
3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as the
Buy American Act).’’.
(b) REIMBURSEMENT.—Section 5143 of title 31, United States
Code (relating to payment for services of the Bureau of Engraving
and Printing), is amended—
(1) in the first sentence, by inserting ‘‘or to a foreign
government under section 5114’’ after ‘‘agency’’;
(2) in the second sentence, by inserting ‘‘and other’’ after
‘‘including administrative’’; and
(3) in the last sentence, by inserting ‘‘, and the Secretary
shall take such action, in coordination with the Secretary of
State, as may be appropriate to ensure prompt payment by
a foreign government of any invoice or statement of account
submitted by the Secretary with respect to services rendered
under section 5114’’ before the period at the end.
SEC. 6302. REPORTING OF CERTAIN CROSS-BORDER TRANSMITTAL OF
FUNDS.
Regulations.
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Section 5318 of title 31, United States Code, is amended by
adding at the end the following new subsection:
‘‘(n) REPORTING OF CERTAIN CROSS-BORDER TRANSMITTALS OF
FUNDS.—
‘‘(1) IN GENERAL.—Subject to paragraphs (3) and (4), the
Secretary shall prescribe regulations requiring such financial
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institutions as the Secretary determines to be appropriate to
report to the Financial Crimes Enforcement Network certain
cross-border electronic transmittals of funds, if the Secretary
determines that reporting of such transmittals is reasonably
necessary to conduct the efforts of the Secretary against money
laundering and terrorist financing.
‘‘(2) LIMITATION ON REPORTING REQUIREMENTS.—Information required to be reported by the regulations prescribed under
paragraph (1) shall not exceed the information required to
be retained by the reporting financial institution pursuant to
section 21 of the Federal Deposit Insurance Act and the regulations promulgated thereunder, unless—
‘‘(A) the Board of Governors of the Federal Reserve
System and the Secretary jointly determine that a particular item or items of information are not currently
required to be retained under such section or such regulations; and
‘‘(B) the Secretary determines, after consultation with
the Board of Governors of the Federal Reserve System,
that the reporting of such information is reasonably necessary to conduct the efforts of the Secretary to identify
cross-border money laundering and terrorist financing.
‘‘(3) FORM AND MANNER OF REPORTS.—In prescribing the
regulations required under paragraph (1), the Secretary shall,
subject to paragraph (2), determine the appropriate form,
manner, content, and frequency of filing of the required reports.
‘‘(4) FEASIBILITY REPORT.—
‘‘(A) IN GENERAL.—Before prescribing the regulations
required under paragraph (1), and as soon as is practicable
after the date of enactment of the National Intelligence
Reform Act of 2004, the Secretary shall submit a report
to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services
of the House of Representatives that—
‘‘(i) identifies the information in cross-border electronic transmittals of funds that may be found in particular cases to be reasonably necessary to conduct
the efforts of the Secretary to identify money laundering and terrorist financing, and outlines the criteria
to be used by the Secretary to select the situations
in which reporting under this subsection may be
required;
‘‘(ii) outlines the appropriate form, manner, content, and frequency of filing of the reports that may
be required under such regulations;
‘‘(iii) identifies the technology necessary for the
Financial Crimes Enforcement Network to receive,
keep, exploit, protect the security of, and disseminate
information from reports of cross-border electronic
transmittals of funds to law enforcement and other
entities engaged in efforts against money laundering
and terrorist financing; and
‘‘(iv) discusses the information security protections
required by the exercise of the Secretary’s authority
under this subsection.
‘‘(B) CONSULTATION.—In reporting the feasibility report
under subparagraph (A), the Secretary may consult with
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PUBLIC LAW 108–458—DEC. 17, 2004
the Bank Secrecy Act Advisory Group established by the
Secretary, and any other group considered by the Secretary
to be relevant.
‘‘(5) REGULATIONS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
regulations required by paragraph (1) shall be prescribed
in final form by the Secretary, in consultation with the
Board of Governors of the Federal Reserve System, before
the end of the 3-year period beginning on the date of
enactment of the National Intelligence Reform Act of 2004.
‘‘(B) TECHNOLOGICAL FEASIBILITY.—No regulations
shall be prescribed under this subsection before the Secretary certifies to the Congress that the Financial Crimes
Enforcement Network has the technological systems in
place to effectively and efficiently receive, keep, exploit,
protect the security of, and disseminate information from
reports of cross-border electronic transmittals of funds to
law enforcement and other entities engaged in efforts
against money laundering and terrorist financing.’’.
Deadline.
Certification.
SEC. 6303. TERRORISM FINANCING.
(a) REPORT ON TERRORIST FINANCING.—
(1) IN GENERAL.—Not later than 270 days after the date
of enactment of this Act, the President, acting through the
Secretary of the Treasury, shall submit to Congress a report
evaluating the current state of United States efforts to curtail
the international financing of terrorism.
(2) CONTENTS.—The report required by paragraph (1) shall
evaluate and make recommendations on—
(A) the effectiveness and efficiency of current United
States governmental efforts and methods to detect, track,
disrupt, and stop terrorist financing;
(B) the relationship between terrorist financing and
money laundering, including how the laundering of proceeds related to illegal narcotics or foreign political corruption may contribute to terrorism or terrorist financing;
(C) the nature, effectiveness, and efficiency of current
efforts to coordinate intelligence and agency operations
within the United States Government to detect, track, disrupt, and stop terrorist financing, including identifying
who, if anyone, has primary responsibility for developing
priorities, assigning tasks to agencies, and monitoring the
implementation of policy and operations;
(D) the effectiveness and efficiency of efforts to protect
the critical infrastructure of the United States financial
system, and ways to improve the effectiveness of financial
institutions;
(E) ways to improve multilateral and international
governmental cooperation on terrorist financing, including
the adequacy of agency coordination within the United
States related to participating in international cooperative
efforts and implementing international treaties and compacts; and
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(F) ways to improve the setting of priorities and
coordination of United States efforts to detect, track, disrupt, and stop terrorist financing, including recommendations for changes in executive branch organization or procedures, legislative reforms, additional resources, or use of
appropriated funds.
(b) POSTEMPLOYMENT RESTRICTION FOR CERTAIN BANK AND
THRIFT EXAMINERS.—Section 10 of the Federal Deposit Insurance
Act (12 U.S.C. 1820) is amended by adding at the end the following:
‘‘(k) ONE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF
FINANCIAL INSTITUTIONS.—
‘‘(1) IN GENERAL.—In addition to other applicable restrictions set forth in title 18, United States Code, the penalties
set forth in paragraph (6) of this subsection shall apply to
any person who—
‘‘(A) was an officer or employee (including any special
Government employee) of a Federal banking agency or
a Federal reserve bank;
‘‘(B) served 2 or more months during the final 12
months of his or her employment with such agency or
entity as the senior examiner (or a functionally equivalent
position) of a depository institution or depository institution
holding company with continuing, broad responsibility for
the examination (or inspection) of that depository institution or depository institution holding company on behalf
of the relevant agency or Federal reserve bank; and
‘‘(C) within 1 year after the termination date of his
or her service or employment with such agency or entity,
knowingly accepts compensation as an employee, officer,
director, or consultant from—
‘‘(i) such depository institution, any depository
institution holding company that controls such depository institution, or any other company that controls
such depository institution; or
‘‘(ii) such depository institution holding company
or any depository institution that is controlled by such
depository institution holding company.
‘‘(2) DEFINITIONS.—For purposes of this subsection—
‘‘(A) the term ‘depository institution’ includes an uninsured branch or agency of a foreign bank, if such branch
or agency is located in any State; and
‘‘(B) the term ‘depository institution holding company’
includes any foreign bank or company described in section
8(a) of the International Banking Act of 1978.
‘‘(3) RULES OF CONSTRUCTION.—For purposes of this subsection, a foreign bank shall be deemed to control any branch
or agency of the foreign bank, and a person shall be deemed
to act as a consultant for a depository institution, depository
institution holding company, or other company, only if such
person directly works on matters for, or on behalf of, such
depository institution, depository institution holding company,
or other company.
‘‘(4) REGULATIONS.—
‘‘(A) IN GENERAL.—Each Federal banking agency shall
prescribe rules or regulations to administer and carry out
this subsection, including rules, regulations, or guidelines
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to define the scope of persons referred to in paragraph
(1)(B).
‘‘(B) CONSULTATION REQUIRED.—The Federal banking
agencies shall consult with each other for the purpose
of assuring that the rules and regulations issued by the
agencies under subparagraph (A) are, to the extent possible,
consistent, comparable, and practicable, taking into account
any differences in the supervisory programs utilized by
the agencies for the supervision of depository institutions
and depository institution holding companies.
‘‘(5) WAIVER.—
‘‘(A) AGENCY AUTHORITY.—A Federal banking agency
may grant a waiver, on a case by case basis, of the restriction imposed by this subsection to any officer or employee
(including any special Government employee) of that
agency, and the Board of Governors of the Federal Reserve
System may grant a waiver of the restriction imposed
by this subsection to any officer or employee of a Federal
reserve bank, if the head of such agency certifies in writing
that granting the waiver would not affect the integrity
of the supervisory program of the relevant Federal banking
agency.
‘‘(B) DEFINITION.—For purposes of this paragraph, the
head of an agency is—
‘‘(i) the Comptroller of the Currency, in the case
of the Office of the Comptroller of the Currency;
‘‘(ii) the Chairman of the Board of Governors of
the Federal Reserve System, in the case of the Board
of Governors of the Federal Reserve System;
‘‘(iii) the Chairperson of the Board of Directors,
in the case of the Corporation; and
‘‘(iv) the Director of the Office of Thrift Supervision, in the case of the Office of Thrift Supervision.
‘‘(6) PENALTIES.—
‘‘(A) IN GENERAL.—In addition to any other administrative, civil, or criminal remedy or penalty that may otherwise apply, whenever a Federal banking agency determines
that a person subject to paragraph (1) has become associated, in the manner described in paragraph (1)(C), with
a depository institution, depository institution holding company, or other company for which such agency serves as
the appropriate Federal banking agency, the agency shall
impose upon such person one or more of the following
penalties:
‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.—The Federal banking agency shall serve a written notice or
order in accordance with and subject to the provisions
of section 8(e)(4) for written notices or orders under
paragraph (1) or (2) of section 8(e), upon such person
of the intention of the agency—
‘‘(I) to remove such person from office or to
prohibit such person from further participation in
the conduct of the affairs of the depository institution, depository institution holding company, or
other company for a period of up to 5 years; and
‘‘(II) to prohibit any further participation by
such person, in any manner, in the conduct of
Notice.
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the affairs of any insured depository institution
for a period of up to 5 years.
‘‘(ii) CIVIL MONETARY PENALTY.—The Federal
banking agency may, in an administrative proceeding
or civil action in an appropriate United States district
court, impose on such person a civil monetary penalty
of not more than $250,000. Any administrative proceeding under this clause shall be conducted in accordance with section 8(i). In lieu of an action by the
Federal banking agency under this clause, the Attorney
General of the United States may bring a civil action
under this clause in the appropriate United States
district court.
‘‘(B) SCOPE OF PROHIBITION ORDER.—Any person subject
to an order issued under subparagraph (A)(i) shall be subject to paragraphs (6) and (7) of section 8(e) in the same
manner and to the same extent as a person subject to
an order issued under such section.
‘‘(C) DEFINITIONS.—Solely for purposes of this paragraph, the ‘appropriate Federal banking agency’ for a company that is not a depository institution or depository
institution holding company shall be the Federal banking
agency on whose behalf the person described in paragraph
(1) performed the functions described in paragraph (1)(B).’’.
(c) POSTEMPLOYMENT RESTRICTION FOR CERTAIN CREDIT UNION
EXAMINERS.—Section 206 of the Federal Credit Union Act (12 U.S.C.
1786) is amended by adding at the end the following:
‘‘(w) ONE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF
INSURED CREDIT UNIONS.—
‘‘(1) IN GENERAL.—In addition to other applicable restrictions set forth in title 18, United States Code, the penalties
set forth in paragraph (5) of this subsection shall apply to
any person who—
‘‘(A) was an officer or employee (including any special
Government employee) of the Administration;
‘‘(B) served 2 or more months during the final 12
months of his or her employment with the Administration
as the senior examiner (or a functionally equivalent position) of an insured credit union with continuing, broad
responsibility for the examination (or inspection) of that
insured credit union on behalf of the Administration; and
‘‘(C) within 1 year after the termination date of his
or her service or employment with the Administration,
knowingly accepts compensation as an employee, officer,
director, or consultant from such insured credit union.
‘‘(2) RULE OF CONSTRUCTION.—For purposes of this subsection, a person shall be deemed to act as a consultant for
an insured credit union only if such person directly works
on matters for, or on behalf of, such insured credit union.
‘‘(3) REGULATIONS.—
‘‘(A) IN GENERAL.—The Board shall prescribe rules or
regulations to administer and carry out this subsection,
including rules, regulations, or guidelines to define the
scope of persons referred to in paragraph (1)(B).
‘‘(B) CONSULTATION.—In prescribing rules or regulations under this paragraph, the Board shall, to the extent
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Notice.
12 USC 1786
note.
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it deems necessary, consult with the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act) on regulations issued by such agencies in carrying
out section 10(k) of the Federal Deposit Insurance Act.
‘‘(4) WAIVER.—The Board may grant a waiver, on a case
by case basis, of the restriction imposed by this subsection
to any officer or employee (including any special Government
employee) of the Administration if the Chairman certifies in
writing that granting the waiver would not affect the integrity
of the supervisory program of the Administration.
‘‘(5) PENALTIES.—
‘‘(A) IN GENERAL.—In addition to any other administrative, civil, or criminal remedy or penalty that may otherwise apply, whenever the Board determines that a person
subject to paragraph (1) has become associated, in the
manner described in paragraph (1)(C), with an insured
credit union, the Board shall impose upon such person
one or more of the following penalties:
‘‘(i) INDUSTRY-WIDE PROHIBITION ORDER.—The
Board shall serve a written notice or order in accordance with and subject to the provisions of subsection
(g)(4) for written notices or orders under paragraph
(1) or (2) of subsection (g), upon such person of the
intention of the Board—
‘‘(I) to remove such person from office or to
prohibit such person from further participation in
the conduct of the affairs of the insured credit
union for a period of up to 5 years; and
‘‘(II) to prohibit any further participation by
such person, in any manner, in the conduct of
the affairs of any insured credit union for a period
of up to 5 years.
‘‘(ii) CIVIL MONETARY PENALTY.—The Board may,
in an administrative proceeding or civil action in an
appropriate United States district court, impose on
such person a civil monetary penalty of not more than
$250,000. Any administrative proceeding under this
clause shall be conducted in accordance with subsection
(k). In lieu of an action by the Board under this clause,
the Attorney General of the United States may bring
a civil action under this clause in the appropriate
United States district court.
‘‘(B) SCOPE OF PROHIBITION ORDER.—Any person subject
to an order issued under this subparagraph (A)(i) shall
be subject to paragraphs (5) and (7) of subsection (g) in
the same manner and to the same extent as a person
subject to an order issued under subsection (g).’’.
(d) EFFECTIVE DATE.—Notwithstanding any other effective date
established pursuant to this Act, subsection (a) shall become effective on the date of enactment of this Act, and the amendments
made by subsections (b) and (c) shall become effective at the end
of the 12-month period beginning on the date of enactment of
this Act, whether or not final regulations are issued in accordance
with the amendments made by this section as of that date of
enactment.
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Subtitle E—Criminal History Background
Checks
SEC. 6401. PROTECT ACT.
Public Law 108–21 is amended—
(1) in section 108(a)(2)(A) by striking ‘‘an 18 month’’ and
inserting ‘‘a 30-month’’; and
(2) in section 108(a)(3)(A) by striking ‘‘an 18-month’’ and
inserting ‘‘a 30-month’’.
SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY OFFICER EMPLOYMENT.
(a) SHORT TITLE.—This section may be cited as the ‘‘Private
Security Officer Employment Authorization Act of 2004’’.
(b) FINDINGS.—Congress finds that—
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to, but
not a replacement for, public law enforcement by helping to
reduce and prevent crime;
(3) such private security officers protect individuals, property, and proprietary information, and provide protection to
such diverse operations as banks, hospitals, research and
development centers, manufacturing facilities, defense and
aerospace contractors, high technology businesses, nuclear
power plants, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes,
schools, residential properties, apartment complexes, gated
communities, and others;
(4) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas,
and are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demands
professional, reliable, and responsible security officers for the
protection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security
services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes,
including terrorism;
(8) the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to
sworn law enforcement officers; and
(9) private security officers and applicants for private security officer positions should be thoroughly screened and trained.
(c) DEFINITIONS.—In this section:
(1) EMPLOYEE.—The term ‘‘employee’’ includes both a current employee and an applicant for employment as a private
security officer.
(2) AUTHORIZED EMPLOYER.—The term ‘‘authorized
employer’’ means any person that—
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history record
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42 USC 5119a
note.
Private Security
Officer
Employment
Authorization
Act of 2004.
28 USC 534 note.
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information search of an employee through a State identification bureau pursuant to this section.
(3) PRIVATE SECURITY OFFICER.—The term ‘‘private security
officer’’—
(A) means an individual other than an employee of
a Federal, State, or local government, whose primary duty
is to perform security services, full or part time, for consideration, whether armed or unarmed and in uniform or
plain clothes (except for services excluded from coverage
under this Act if the Attorney General determines by regulation that such exclusion would serve the public interest);
but
(B) does not include—
(i) employees whose duties are primarily internal
audit or credit functions;
(ii) employees of electronic security system companies acting as technicians or monitors; or
(iii) employees whose duties primarily involve the
secure movement of prisoners.
(4) SECURITY SERVICES.—The term ‘‘security services’’
means acts to protect people or property as defined by regulations promulgated by the Attorney General.
(5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identification bureau’’ means the State entity designated by the
Attorney General for the submission and receipt of criminal
history record information.
(d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.—
(1) IN GENERAL.—
(A) SUBMISSION OF FINGERPRINTS.—An authorized
employer may submit to the State identification bureau
of a participating State, fingerprints or other means of
positive identification, as determined by the Attorney General, of an employee of such employer for purposes of a
criminal history record information search pursuant to this
Act.
(B) EMPLOYEE RIGHTS.—
(i) PERMISSION.—An authorized employer shall
obtain written consent from an employee to submit
to the State identification bureau of the participating
State the request to search the criminal history record
information of the employee under this Act.
(ii) ACCESS.—An authorized employer shall provide
to the employee confidential access to any information
relating to the employee received by the authorized
employer pursuant to this Act.
(C) PROVIDING INFORMATION TO THE STATE IDENTIFICATION BUREAU.—Upon receipt of a request for a criminal
history record information search from an authorized
employer pursuant to this Act, submitted through the State
identification bureau of a participating State, the Attorney
General shall—
(i) search the appropriate records of the Criminal
Justice Information Services Division of the Federal
Bureau of Investigation; and
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(ii) promptly provide any resulting identification
and criminal history record information to the submitting State identification bureau requesting the
information.
(D) USE OF INFORMATION.—
(i) IN GENERAL.—Upon receipt of the criminal history record information from the Attorney General by
the State identification bureau, the information shall
be used only as provided in clause (ii).
(ii) TERMS.—In the case of—
(I) a participating State that has no State
standards for qualification to be a private security
officer, the State shall notify an authorized
employer as to the fact of whether an employee
has been—
(aa) convicted of a felony, an offense
involving dishonesty or a false statement if
the conviction occurred during the previous
10 years, or an offense involving the use or
attempted use of physical force against the
person of another if the conviction occurred
during the previous 10 years; or
(bb) charged with a criminal felony for
which there has been no resolution during
the preceding 365 days; or
(II) a participating State that has State standards for qualification to be a private security
officer, the State shall use the information received
pursuant to this Act in applying the State standards and shall only notify the employer of the
results of the application of the State standards.
(E) FREQUENCY OF REQUESTS.—An authorized employer
may request a criminal history record information search
for an employee only once every 12 months of continuous
employment by that employee unless the authorized
employer has good cause to submit additional requests.
(2) REGULATIONS.—Not later than 180 days after the date
of enactment of this Act, the Attorney General shall issue
such final or interim final regulations as may be necessary
to carry out this Act, including—
(A) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, destruction of
information and audits, and record keeping;
(B) standards for qualification as an authorized
employer; and
(C) the imposition of reasonable fees necessary for
conducting the background checks.
(3) CRIMINAL PENALTIES FOR USE OF INFORMATION.—Whoever knowingly and intentionally uses any information obtained
pursuant to this Act other than for the purpose of determining
the suitability of an individual for employment as a private
security officer shall be fined under title 18, United States
Code, or imprisoned for not more than 2 years, or both.
(4) USER FEES.—
(A) IN GENERAL.—The Director of the Federal Bureau
of Investigation may—
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Notification.
Deadline.
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PUBLIC LAW 108–458—DEC. 17, 2004
(i) collect fees to process background checks provided for by this Act; and
(ii) establish such fees at a level to include an
additional amount to defray expenses for the automation of fingerprint identification and criminal justice
information services and associated costs.
(B) LIMITATIONS.—Any fee collected under this
subsection—
(i) shall, consistent with Public Law 101–515 and
Public Law 104–99, be credited to the appropriation
to be used for salaries and other expenses incurred
through providing the services described in such Public
Laws and in subparagraph (A);
(ii) shall be available for expenditure only to pay
the costs of such activities and services; and
(iii) shall remain available until expended.
(C) STATE COSTS.—Nothing in this Act shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the
State of administering this Act.
(5) STATE OPT OUT.—A State may decline to participate
in the background check system authorized by this Act by
enacting a law or issuing an order by the Governor (if consistent
with State law) providing that the State is declining to participate pursuant to this subsection.
SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS.
Deadline.
Reports.
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(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Attorney General shall report to the
Judiciary Committee of the Senate and the Judiciary Committee
of the House of Representatives regarding all statutory requirements for criminal history record checks that are required to be
conducted by the Department of Justice or any of its components.
(b) DEFINITIONS.—As used in this section—
(1) the terms ‘‘criminal history information’’ and ‘‘criminal
history records’’ include—
(A) an identifying description of the individual to whom
the information or records pertain;
(B) notations of arrests, detentions, indictments, or
other formal criminal charges pertaining to such individual;
and
(C) any disposition to a notation described in subparagraph (B), including acquittal, sentencing, correctional
supervision, or release; and
(2) the term ‘‘IAFIS’’ means the Integrated Automated
Fingerprint Identification System of the Federal Bureau of
Allocation, which serves as the national depository for fingerprint, biometric, and criminal history information, through
which fingerprints are processed electronically.
(c) IDENTIFICATION OF INFORMATION.—The Attorney General
shall identify—
(1) the number of criminal history record checks requested,
including the type of information requested;
(2) the usage of different terms and definitions regarding
criminal history information; and
(3) the variation in fees charged for such information and
who pays such fees.
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(d) RECOMMENDATIONS.—The Attorney General shall make recommendations to Congress for improving, standardizing, and
consolidating the existing statutory authorization, programs, and
procedures for the conduct of criminal history record checks for
non-criminal justice purposes. In making these recommendations
to Congress, the Attorney General shall consider—
(1) the effectiveness and efficiency of utilizing commercially
available databases as a supplement to IAFIS criminal history
information checks;
(2) any security concerns created by the existence of these
commercially available databases concerning their ability to
provide sensitive information that is not readily available about
law enforcement or intelligence officials, including their
identity, residence, and financial status;
(3) the effectiveness of utilizing State databases;
(4) any feasibility studies by the Department of Justice
of the resources and structure of the Federal Bureau of Investigation to establish a system to provide criminal history
information;
(5) privacy rights and other employee protections,
including—
(A) employee consent;
(B) access to the records used if employment was
denied;
(C) the disposition of the fingerprint submissions after
the records are searched;
(D) an appeal mechanism; and
(E) penalties for misuse of the information;
(6) the scope and means of processing background checks
for private employers utilizing data maintained by the Federal
Bureau of Investigation that the Attorney General should be
allowed to authorize in cases where the authority for such
checks is not available at the State level;
(7) any restrictions that should be placed on the ability
of an employer to charge an employee or prospective employee
for the cost associated with the background check;
(8) which requirements should apply to the handling of
incomplete records;
(9) the circumstances under which the criminal history
information should be disseminated to the employer;
(10) the type of restrictions that should be prescribed for
the handling of criminal history information by an employer;
(11) the range of Federal and State fees that might apply
to such background check requests;
(12) any requirements that should be imposed concerning
the time for responding to such background check requests;
(13) any infrastructure that may need to be developed
to support the processing of such checks, including—
(A) the means by which information is collected and
submitted in support of the checks; and
(B) the system capacity needed to process such checks
at the Federal and State level;
(14) the role that States should play; and
(15) any other factors that the Attorney General determines
to be relevant to the subject of the report.
(e) CONSULTATION.—In developing the report under this section,
the Attorney General shall consult with representatives of State
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Procedures.
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criminal history record repositories, the National Crime Prevention
and Privacy Compact Council, appropriate representatives of private
industry, and representatives of labor, as determined appropriate
by the Attorney General.
Subtitle F—Grand Jury Information
Sharing
SEC. 6501. GRAND JURY INFORMATION SHARING.
18 USC app.
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(a) RULE AMENDMENTS.—Rule 6(e) of the Federal Rules of
Criminal Procedure is amended—
(1) in paragraph (3)—
(A) in subparagraph (A)(ii), by striking ‘‘or state subdivision or of an Indian tribe’’ and inserting ‘‘, state subdivision, Indian tribe, or foreign government’’;
(B) in subparagraph (D)—
(i) by inserting after the first sentence the following: ‘‘An attorney for the government may also disclose any grand jury matter involving, within the
United States or elsewhere, a threat of attack or other
grave hostile acts of a foreign power or its agent,
a threat of domestic or international sabotage or terrorism, or clandestine intelligence gathering activities
by an intelligence service or network of a foreign power
or by its agent, to any appropriate Federal, State,
State subdivision, Indian tribal, or foreign government
official, for the purpose of preventing or responding
to such threat or activities.’’; and
(ii) in clause (i)—
(I) by striking ‘‘federal’’; and
(II) by adding at the end the following: ‘‘Any
State, State subdivision, Indian tribal, or foreign
government official who receives information under
Rule 6(e)(3)(D) may use the information only consistent with such guidelines as the Attorney General and the Director of National Intelligence shall
jointly issue.’’; and
(C) in subparagraph (E)—
(i) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively;
(ii) by inserting after clause (ii) the following:
‘‘(iii) at the request of the government, when
sought by a foreign court or prosecutor for use in
an official criminal investigation;’’; and
(iii) in clause (iv), as redesignated—
(I) by striking ‘‘state or Indian tribal’’ and
inserting ‘‘State, Indian tribal, or foreign’’; and
(II) by striking ‘‘or Indian tribal official’’ and
inserting ‘‘Indian tribal, or foreign government official’’; and
(2) in paragraph (7), by inserting ‘‘, or of guidelines jointly
issued by the Attorney General and the Director of National
Intelligence pursuant to Rule 6,’’ after ‘‘Rule 6’’.
(b) CONFORMING AMENDMENT.—Section 203(c) of Public Law
107–56 (18 U.S.C. 2517 note) is amended by striking ‘‘Rule
6(e)(3)(C)(i)(V) and (VI)’’ and inserting ‘‘Rule 6(e)(3)(D)’’.
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Subtitle G—Providing Material Support to
Terrorism
SEC. 6601. SHORT TITLE.
This subtitle may be cited as the ‘‘Material Support to Terrorism Prohibition Enhancement Act of 2004’’.
Material Support
to Terrorism
Prohibition
Enhancement
Act of 2004.
18 USC 2331
note.
SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN
TERRORIST ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended
by adding after section 2339C the following new section:
‘‘§ 2339D. Receiving military-type training from a foreign terrorist organization
‘‘(a) OFFENSE.—Whoever knowingly receives military-type
training from or on behalf of any organization designated at the
time of the training by the Secretary of State under section 219(a)(1)
of the Immigration and Nationality Act as a foreign terrorist
organization shall be fined under this title or imprisoned for ten
years, or both. To violate this subsection, a person must have
knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has
engaged or engages in terrorist activity (as defined in section 212
of the Immigration and Nationality Act), or that the organization
has engaged or engages in terrorism (as defined in section 140(d)(2)
of the Foreign Relations Authorization Act, Fiscal Years 1988 and
1989).
‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial
Federal jurisdiction over an offense under this section. There is
jurisdiction over an offense under subsection (a) if—
‘‘(1) an offender is a national of the United States (as
defined in 101(a)(22) of the Immigration and Nationality Act)
or an alien lawfully admitted for permanent residence in the
United States (as defined in section 101(a)(20) of the Immigration and Nationality Act);
‘‘(2) an offender is a stateless person whose habitual residence is in the United States;
‘‘(3) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even
if the conduct required for the offense occurs outside the United
States;
‘‘(4) the offense occurs in whole or in part within the
United States;
‘‘(5) the offense occurs in or affects interstate or foreign
commerce; or
‘‘(6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense
under subsection (a) or conspires with any person over whom
jurisdiction exists under this paragraph to commit an offense
under subsection (a).
‘‘(c) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘military-type training’ includes training in
means or methods that can cause death or serious bodily injury,
destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or
assembly of any explosive, firearm or other weapon, including
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any weapon of mass destruction (as defined in section
2232a(c)(2));
‘‘(2) the term ‘serious bodily injury’ has the meaning given
that term in section 1365(h)(3);
‘‘(3) the term ‘critical infrastructure’ means systems and
assets vital to national defense, national security, economic
security, public health or safety including both regional and
national infrastructure. Critical infrastructure may be publicly
or privately owned; examples of critical infrastructure include
gas and oil production, storage, or delivery systems, water
supply systems, telecommunications networks, electrical power
generation or delivery systems, financing and banking systems,
emergency services (including medical, police, fire, and rescue
services), and transportation systems and services (including
highways, mass transit, airlines, and airports); and
‘‘(4) the term ‘foreign terrorist organization’ means an
organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.’’.
SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORISM.
(a) IN GENERAL.—Chapter 113B of title 18, United States Code,
is amended—
(1) in section 2332b(g)(5)(B)(i)—
(A) by inserting ‘‘1361 (relating to government property
or contracts),’’ before ‘‘1362’’; and
(B) by inserting ‘‘2156 (relating to national defense
material, premises, or utilities),’’ before ‘‘2280’’; and
(2) in section 2339A—
(A) by striking ‘‘or’’ before ‘‘section 46502’’; and
(B) by inserting ‘‘or any offense listed in section
2332b(g)(5)(B) (except for sections 2339A and 2339B)’’ after
‘‘section 60123(b) of title 49,’’.
(b) DEFINITIONS.—Section 2339A(b) of title 18, United States
Code, is amended to read as follows:
‘‘(b) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘material support or resources’ means any
property, tangible or intangible, or service, including currency
or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses,
false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself),
and transportation, except medicine or religious materials;
‘‘(2) the term ‘training’ means instruction or teaching
designed to impart a specific skill, as opposed to general knowledge; and
‘‘(3) the term ‘expert advice or assistance’ means advice
or assistance derived from scientific, technical or other specialized knowledge.’’.
(c) ADDITION TO OFFENSE OF PROVIDING MATERIAL SUPPORT
TO TERRORIST ORGANIZATIONS.—Section 2339B(a)(1) of title 18,
United States Code, is amended—
(1) by striking ‘‘, within the United States or subject to
the jurisdiction of the United States,’’; and
(2) by adding at the end the following: ‘‘To violate this
paragraph, a person must have knowledge that the organization
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is a designated terrorist organization (as defined in subsection
(g)(6)), that the organization has engaged or engages in terrorist
activity (as defined in section 212(a)(3)(B) of the Immigration
and Nationality Act), or that the organization has engaged
or engages in terrorism (as defined in section 140(d)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and
1989).’’.
(d) FEDERAL AUTHORITY.—Section 2339B(d) of title 18 is
amended by striking ‘‘There’’ and inserting the following:
‘‘(1) IN GENERAL.—There is jurisdiction over an offense
under subsection (a) if—
‘‘(A) an offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for
permanent residence in the United States (as defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20)));
‘‘(B) an offender is a stateless person whose habitual residence is in the United States;
‘‘(C) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even
if the conduct required for the offense occurs outside the United
States;
‘‘(D) the offense occurs in whole or in part within the
United States;
‘‘(E) the offense occurs in or affects interstate or foreign
commerce; or
‘‘(F) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense
under subsection (a) or conspires with any person over whom
jurisdiction exists under this paragraph to commit an offense
under subsection (a).’’.
‘‘(2) EXTRATERRITORIAL JURISDICTION.—There’’.
(e) DEFINITION.—Section 2339B(g)(4) of title 18, United States
Code, is amended to read as follows:
‘‘(4) the term ‘material support or resources’ has the same
meaning given that term in section 2339A (including the definitions of ‘training’ and ‘expert advice or assistance’ in that
section);’’.
(f) ADDITIONAL PROVISIONS.—Section 2339B of title 18, United
States Code, is amended by adding at the end the following:
‘‘(h) PROVISION OF PERSONNEL.—No person may be prosecuted
under this section in connection with the term ‘personnel’ unless
that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with 1 or more
individuals (who may be or include himself) to work under that
terrorist organization’s direction or control or to organize, manage,
supervise, or otherwise direct the operation of that organization.
Individuals who act entirely independently of the foreign terrorist
organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization’s direction and control.
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed or applied so as to abridge the exercise of rights
guaranteed under the First Amendment to the Constitution of the
United States.
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‘‘(j) EXCEPTION.—No person may be prosecuted under this section in connection with the term ‘personnel’, ‘training’, or ‘expert
advice or assistance’ if the provision of that material support or
resources to a foreign terrorist organization was approved by the
Secretary of State with the concurrence of the Attorney General.
The Secretary of State may not approve the provision of any material support that may be used to carry out terrorist activity (as
defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act).’’.
(g) SUNSET PROVISION.—
(1) IN GENERAL.—Except as provided in paragraph (2), this
section and the amendments made by this section shall cease
to be effective on December 31, 2006.
(2) EXCEPTION.—This section and the amendments made
by this section shall continue in effect with respect to any
particular offense that—
(A) is prohibited by this section or amendments made
by this section; and
(B) began or occurred before December 31, 2006.
18 USC 2332b
note.
SEC. 6604. FINANCING OF TERRORISM.
18 USC 2339C.
18 USC 2339C.
(a) FINANCING TERRORISM.—Section 2339c(c)(2) of title 18,
United States Code, is amended—
(1) by striking ‘‘, resources, or funds’’ and inserting ‘‘or
resources, or any funds or proceeds of such funds’’;
(2) in subparagraph (A), by striking ‘‘were provided’’ and
inserting ‘‘are to be provided, or knowing that the support
or resources were provided,’’; and
(3) in subparagraph (B)—
(A) by striking ‘‘or any proceeds of such funds’’; and
(B) by striking ‘‘were provided or collected’’ and
inserting ‘‘are to be provided or collected, or knowing that
the funds were provided or collected,’’.
(b) DEFINITIONS.—Section 2339c(e) of title 18, United States
Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14);
and
(3) by inserting after paragraph (12) the following:
‘‘(13) the term ‘material support or resources’ has the same
meaning given that term in section 2339B(g)(4) of this title;
and’’.
Subtitle H—Stop Terrorist and Military
Hoaxes Act of 2004
Stop Terrorist
and Military
Hoaxes Act of
2004.
18 USC 1 note.
SEC. 6701. SHORT TITLE.
This subtitle may be cited as the ‘‘Stop Terrorist and Military
Hoaxes Act of 2004’’.
SEC. 6702. HOAXES AND RECOVERY COSTS.
(a) PROHIBITION ON HOAXES.—Chapter 47 of title 18, United
States Code, is amended by inserting after section 1037 the following:
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‘‘§ 1038. False information and hoaxes
‘‘(a) CRIMINAL VIOLATION.—
‘‘(1) IN GENERAL.—Whoever engages in any conduct with
intent to convey false or misleading information under circumstances where such information may reasonably be believed
and where such information indicates that an activity has
taken, is taking, or will take place that would constitute a
violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of
this title, section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284), or section 46502, the second sentence of section
46504, section 46505(b)(3) or (c), section 46506 if homicide
or attempted homicide is involved, or section 60123(b) of title
49, shall—
‘‘(A) be fined under this title or imprisoned not more
than 5 years, or both;
‘‘(B) if serious bodily injury results, be fined under
this title or imprisoned not more than 20 years, or both;
and
‘‘(C) if death results, be fined under this title or imprisoned for any number of years up to life, or both.
‘‘(2) ARMED FORCES.—Any person who makes a false statement, with intent to convey false or misleading information,
about the death, injury, capture, or disappearance of a member
of the Armed Forces of the United States during a war or
armed conflict in which the United States is engaged—
‘‘(A) shall be fined under this title, imprisoned not
more than 5 years, or both;
‘‘(B) if serious bodily injury results, shall be fined under
this title, imprisoned not more than 20 years, or both;
and
‘‘(C) if death results, shall be fined under this title,
imprisoned for any number of years or for life, or both.
‘‘(b) CIVIL ACTION.—Whoever engages in any conduct with
intent to convey false or misleading information under circumstances where such information may reasonably be believed
and where such information indicates that an activity has taken,
is taking, or will take place that would constitute a violation of
chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section
236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section
46502, the second sentence of section 46504, section 46505 (b)(3)
or (c), section 46506 if homicide or attempted homicide is involved,
or section 60123(b) of title 49 is liable in a civil action to any
party incurring expenses incident to any emergency or investigative
response to that conduct, for those expenses.
‘‘(c) REIMBURSEMENT.—
‘‘(1) IN GENERAL.—The court, in imposing a sentence on
a defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any state
or local government, or private not-for-profit organization that
provides fire or rescue service incurring expenses incident to
any emergency or investigative response to that conduct, for
those expenses.
‘‘(2) LIABILITY.—A person ordered to make reimbursement
under this subsection shall be jointly and severally liable for
such expenses with each other person, if any, who is ordered
to make reimbursement under this subsection for the same
expenses.
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‘‘(3) CIVIL JUDGMENT.—An order of reimbursement under
this subsection shall, for the purposes of enforcement, be treated
as a civil judgment.
‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This section does not
prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States,
a State, or political subdivision of a State, or of an intelligence
agency of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections as the beginning of chapter 47 of title 18, United States Code, is amended
by adding after the item for section 1037 the following:
‘‘1038. False information and hoaxes.’’.
SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN
TERRORISM CASES.
Deadline.
28 USC 994 note.
(a) ENHANCED PENALTY.—Section 1001(a) and the third
undesignated paragraph of section 1505 of title 18, United States
Code, are amended by striking ‘‘be fined under this title or imprisoned not more than 5 years, or both’’ and inserting ‘‘be fined
under this title, imprisoned not more than 5 years or, if the offense
involves international or domestic terrorism (as defined in section
2331), imprisoned not more than 8 years, or both’’.
(b) SENTENCING GUIDELINES.—Not later than 30 days of the
enactment of this section, the United States Sentencing Commission
shall amend the Sentencing Guidelines to provide for an increased
offense level for an offense under sections 1001(a) and 1505 of
title 18, United States Code, if the offense involves international
or domestic terrorism, as defined in section 2331 of such title.
SEC. 6704. CLARIFICATION OF DEFINITION.
Section 1958 of title 18, United States Code, is amended—
(1) in subsection (a), by striking ‘‘facility in’’ and inserting
‘‘facility of’’; and
(2) in subsection (b)(2), by inserting ‘‘or foreign’’ after ‘‘interstate’’.
Weapons of Mass
Destruction
Prohibition
Improvement Act
of 2004.
18 USC 1 note.
Subtitle I—Weapons of Mass Destruction
Prohibition Improvement Act of 2004
SEC. 6801. SHORT TITLE.
This subtitle may be cited as the ‘‘Weapons of Mass Destruction
Prohibition Improvement Act of 2004’’.
SEC. 6802. WEAPONS OF MASS DESTRUCTION.
(a) EXPANSION OF JURISDICTIONAL BASES AND SCOPE.—Section
2332a of title 18, United States Code, is amended—
(1) so that paragraph (2) of subsection (a) reads as follows:
‘‘(2) against any person or property within the United
States, and
‘‘(A) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
‘‘(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign
commerce;
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‘‘(C) any perpetrator travels in or causes another to
travel in interstate or foreign commerce in furtherance
of the offense; or
‘‘(D) the offense, or the results of the offense, affect
interstate or foreign commerce, or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or
foreign commerce;’’;
(2) in paragraph (3) of subsection (a), by striking the comma
at the end and inserting ‘‘; or’’;
(3) in subsection (a), by adding the following at the end:
‘‘(4) against any property within the United States that
is owned, leased, or used by a foreign government,’’;
(4) at the end of subsection (c)(1), by striking ‘‘and’’;
(5) in subsection (c)(2), by striking the period at the end
and inserting ‘‘; and’’; and
(6) in subsection (c), by adding at the end the following:
‘‘(3) the term ‘property’ includes all real and personal property.’’.
(b) RESTORATION OF THE COVERAGE OF CHEMICAL WEAPONS.—
Section 2332a of title 18, United States Code, as amended by
subsection (a), is further amended—
(1) in the section heading, by striking ‘‘certain’’;
(2) in subsection (a), by striking ‘‘(other than a chemical
weapon as that term is defined in section 229F)’’; and
(3) in subsection (b), by striking ‘‘(other than a chemical
weapon (as that term is defined in section 229F))’’.
(c) EXPANSION OF CATEGORIES OF RESTRICTED PERSONS SUBJECT
TO PROHIBITIONS RELATING TO SELECT AGENTS.—Section 175b(d)(2)
of title 18, United States Code, is amended—
(1) in subparagraph (G) by—
(A) inserting ‘‘(i)’’ after ‘‘(G)’’;
(B) inserting ‘‘, or (ii) acts for or on behalf of, or
operates subject to the direction or control of, a government
or official of a country described in this subparagraph’’
after ‘‘terrorism’’; and
(C) striking ‘‘or’’ after the semicolon.
(2) in subparagraph (H) by striking the period and inserting
‘‘; or’’; and
(3) by adding at the end the following new subparagraph:
‘‘(I) is a member of, acts for or on behalf of, or operates
subject to the direction or control of, a terrorist organization
as defined in section 212(a)(3)(B)(vi) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’.
(d) CONFORMING AMENDMENT TO REGULATIONS.—
(1) Section 175b(a)(1) of title 18, United States Code, is
amended by striking ‘‘as a select agent in Appendix A’’ and
all that follows and inserting the following: ‘‘as a non-overlap
or overlap select biological agent or toxin in sections 73.4 and
73.5 of title 42, Code of Federal Regulations, pursuant to section
351A of the Public Health Service Act, and is not excluded
under sections 73.4 and 73.5 or exempted under section 73.6
of title 42, Code of Federal Regulations.’’.
(2) The amendment made by paragraph (1) shall take effect
at the same time that sections 73.4, 73.5, and 73.6 of title
42, Code of Federal Regulations, become effective.
(e) ENHANCING PROSECUTION OF WEAPONS OF MASS DESTRUCTION OFFENSES.—Section 1961(1)(B) of title 18, United States Code,
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18 USC 175b
note.
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is amended by adding at the end the following: ‘‘sections 175–
178 (relating to biological weapons), sections 229–229F (relating
to chemical weapons), section 831 (relating to nuclear materials),’’.
SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS
DESTRUCTION THREATS TO THE UNITED STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C.
2077(b)) is amended by striking ‘‘in the production of any special
nuclear material’’ and inserting ‘‘or participate in the development
or production of any special nuclear material’’.
(b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C.
2122) is amended—
(1) by inserting ‘‘, inside or outside of the United States,’’
after ‘‘for any person’’; and
(2) by inserting ‘‘participate in the development of,’’ after
‘‘interstate or foreign commerce,’’.
(c) Title 18, United States Code, is amended—
(1) in the table of sections at the beginning of chapter
39, by inserting after the item relating to section 831 the
following:
‘‘832. Participation in nuclear and weapons of mass destruction threats to the
United States.’’;
(2) by inserting after section 831 the following:
‘‘§ 832. Participation in nuclear and weapons of mass destruction threats to the United States
‘‘(a) Whoever, within the United States or subject to the jurisdiction of the United States, willfully participates in or knowingly
provides material support or resources (as defined in section 2339A)
to a nuclear weapons program or other weapons of mass destruction
program of a foreign terrorist power, or attempts or conspires
to do so, shall be imprisoned for not more than 20 years.
‘‘(b) There is extraterritorial Federal jurisdiction over an offense
under this section.
‘‘(c) Whoever without lawful authority develops, possesses, or
attempts or conspires to develop or possess a radiological weapon,
or threatens to use or uses a radiological weapon against any
person within the United States, or a national of the United States
while such national is outside of the United States or against
any property that is owned, leased, funded, or used by the United
States, whether that property is within or outside of the United
States, shall be imprisoned for any term of years or for life.
‘‘(d) As used in this section—
‘‘(1) ‘nuclear weapons program’ means a program or plan
for the development, acquisition, or production of any nuclear
weapon or weapons;
‘‘(2) ‘weapons of mass destruction program’ means a program or plan for the development, acquisition, or production
of any weapon or weapons of mass destruction (as defined
in section 2332a(c));
‘‘(3) ‘foreign terrorist power’ means a terrorist organization
designated under section 219 of the Immigration and Nationality Act, or a state sponsor of terrorism designated under
section 6(j) of the Export Administration Act of 1979 or section
620A of the Foreign Assistance Act of 1961; and
‘‘(4) ‘nuclear weapon’ means any weapon that contains or
uses nuclear material as defined in section 831(f)(1).’’; and
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(3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear
materials),’’ the following: ‘‘832 (relating to participation in
nuclear and weapons of mass destruction threats to the United
States)’’.
Subtitle J—Prevention of Terrorist Access
to Destructive Weapons Act of 2004
SEC. 6901. SHORT TITLE.
Prevention of
Terrorist Access
to Destructive
Weapons Act of
2004.
18 USC 1 note.
This subtitle may be cited as the ‘‘Prevention of Terrorist Access
to Destructive Weapons Act of 2004’’.
SEC. 6902. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress makes the following findings:
(1) The criminal use of man-portable air defense systems
(referred to in this section as ‘‘MANPADS’’) presents a serious
threat to civil aviation worldwide, especially in the hands of
terrorists or foreign states that harbor them.
(2) Atomic weapons or weapons designed to release radiation (commonly known as ‘‘dirty bombs’’) could be used by
terrorists to inflict enormous loss of life and damage to property
and the environment.
(3) Variola virus is the causative agent of smallpox, an
extremely serious, contagious, and sometimes fatal disease.
Variola virus is classified as a Category A agent by the Centers
for Disease Control and Prevention, meaning that it is believed
to pose the greatest potential threat for adverse public health
impact and has a moderate to high potential for large-scale
dissemination. The last case of smallpox in the United States
was in 1949. The last naturally occurring case in the world
was in Somalia in 1977. Although smallpox has been officially
eradicated after a successful worldwide vaccination program,
there remain two official repositories of the variola virus for
research purposes. Because it is so dangerous, the variola virus
may appeal to terrorists.
(4) The use, or even the threatened use, of MANPADS,
atomic or radiological weapons, or the variola virus, against
the United States, its allies, or its people, poses a grave risk
to the security, foreign policy, economy, and environment of
the United States. Accordingly, the United States has a compelling national security interest in preventing unlawful activities
that lead to the proliferation or spread of such items, including
their unauthorized production, construction, acquisition,
transfer, possession, import, or export. All of these activities
markedly increase the chances that such items will be obtained
by terrorist organizations or rogue states, which could use
them to attack the United States, its allies, or United States
nationals or corporations.
(5) There is no legitimate reason for a private individual
or company, absent explicit government authorization, to
produce, construct, otherwise acquire, transfer, receive, possess,
import, export, or use MANPADS, atomic or radiological
weapons, or the variola virus.
(b) PURPOSE.—The purpose of this subtitle is to combat the
potential use of weapons that have the ability to cause widespread
harm to United States persons and the United States economy
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18 USC 175c
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(and that have no legitimate private use) and to threaten or harm
the national security or foreign relations of the United States.
SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended
by adding after section 2332f the following:
‘‘§ 2332g. Missile systems designed to destroy aircraft
‘‘(a) UNLAWFUL CONDUCT.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive,
possess, import, export, or use, or possess and threaten to
use—
‘‘(A) an explosive or incendiary rocket or missile that
is guided by any system designed to enable the rocket
or missile to—
‘‘(i) seek or proceed toward energy radiated or
reflected from an aircraft or toward an image locating
an aircraft; or
‘‘(ii) otherwise direct or guide the rocket or missile
to an aircraft;
‘‘(B) any device designed or intended to launch or guide
a rocket or missile described in subparagraph (A); or
‘‘(C) any part or combination of parts designed or
redesigned for use in assembling or fabricating a rocket,
missile, or device described in subparagraph (A) or (B).
‘‘(2) NONWEAPON.—Paragraph (1)(A) does not apply to any
device that is neither designed nor redesigned for use as a
weapon.
‘‘(3) EXCLUDED CONDUCT.—This subsection does not apply
with respect to—
‘‘(A) conduct by or under the authority of the United
States or any department or agency thereof or of a State
or any department or agency thereof; or
‘‘(B) conduct pursuant to the terms of a contract with
the United States or any department or agency thereof
or with a State or any department or agency thereof.
‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if—
‘‘(1) the offense occurs in or affects interstate or foreign
commerce;
‘‘(2) the offense occurs outside of the United States and
is committed by a national of the United States;
‘‘(3) the offense is committed against a national of the
United States while the national is outside the United States;
‘‘(4) the offense is committed against any property that
is owned, leased, or used by the United States or by any
department or agency of the United States, whether the property is within or outside the United States; or
‘‘(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom
jurisdiction exists under this subsection to commit an offense
under this section.
‘‘(c) CRIMINAL PENALTIES.—
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‘‘(1) IN GENERAL.—Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.
‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the
course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item
or items described in subsection (a), shall be fined not more
than $2,000,000 and imprisoned for not less than 30 years
or imprisoned for life.
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another
results from a person’s violation of subsection (a), the person
shall be fined not more than $2,000,000 and punished by
imprisonment for life.
‘‘(d) DEFINITION.—As used in this section, the term ‘aircraft’
has the definition set forth in section 40102(a)(6) of title 49, United
States Code.’’.
SEC. 6904. ATOMIC WEAPONS.
(a) PROHIBITIONS.—Section 92 of the Atomic Energy Act of
1954 (42 U.S.C. 2122) is amended—
(1) by inserting at the beginning ‘‘a.’’ before ‘‘It’’;
(2) by inserting ‘‘knowingly’’ after ‘‘for any person to’’;
(3) by striking ‘‘or’’ before ‘‘export’’;
(4) by striking ‘‘transfer or receive in interstate or foreign
commerce,’’ before ‘‘manufacture’’;
(5) by inserting ‘‘receive,’’ after ‘‘acquire,’’;
(6) by inserting ‘‘, or use, or possess and threaten to use,’’
before ‘‘any atomic weapon’’; and
(7) by inserting at the end the following:
‘‘b. Conduct prohibited by subsection a. is within the jurisdiction
of the United States if—
‘‘(1) the offense occurs in or affects interstate or foreign
commerce; the offense occurs outside of the United States and
is committed by a national of the United States;
‘‘(2) the offense is committed against a national of the
United States while the national is outside the United States;
‘‘(3) the offense is committed against any property that
is owned, leased, or used by the United States or by any
department or agency of the United States, whether the property is within or outside the United States; or
‘‘(4) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom
jurisdiction exists under this subsection to commit an offense
under this section.’’.
(b) VIOLATIONS.—Section 222 of the Atomic Energy Act of 1954
(42 U.S.C. 2272) is amended by—
(1) inserting at the beginning ‘‘a.’’ before ‘‘Whoever’’;
(2) striking ‘‘, 92,’’; and
(3) inserting at the end the following:
‘‘b. Any person who violates, or attempts or conspires to violate,
section 92 shall be fined not more than $2,000,000 and sentenced
to a term of imprisonment not less than 25 years or to imprisonment
for life. Any person who, in the course of a violation of section
92, uses, attempts or conspires to use, or possesses and threatens
to use, any atomic weapon shall be fined not more than $2,000,000
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and imprisoned for not less than 30 years or imprisoned for life.
If the death of another results from a person’s violation of section
92, the person shall be fined not more than $2,000,000 and punished
by imprisonment for life.’’.
SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended
by adding after section 2332g the following:
‘‘§ 2332h. Radiological dispersal devices
‘‘(a) UNLAWFUL CONDUCT.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive,
possess, import, export, or use, or possess and threaten to
use—
‘‘(A) any weapon that is designed or intended to release
radiation or radioactivity at a level dangerous to human
life; or
‘‘(B) any device or other object that is capable of and
designed or intended to endanger human life through the
release of radiation or radioactivity.
‘‘(2) EXCEPTION.—This subsection does not apply with
respect to—
‘‘(A) conduct by or under the authority of the United
States or any department or agency thereof; or
‘‘(B) conduct pursuant to the terms of a contract with
the United States or any department or agency thereof.
‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if—
‘‘(1) the offense occurs in or affects interstate or foreign
commerce;
‘‘(2) the offense occurs outside of the United States and
is committed by a national of the United States;
‘‘(3) the offense is committed against a national of the
United States while the national is outside the United States;
‘‘(4) the offense is committed against any property that
is owned, leased, or used by the United States or by any
department or agency of the United States, whether the property is within or outside the United States; or
‘‘(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom
jurisdiction exists under this subsection to commit an offense
under this section.
‘‘(c) CRIMINAL PENALTIES.—
‘‘(1) IN GENERAL.—Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.
‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the
course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item
or items described in subsection (a), shall be fined not more
than $2,000,000 and imprisoned for not less than 30 years
or imprisoned for life.
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‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another
results from a person’s violation of subsection (a), the person
shall be fined not more than $2,000,000 and punished by
imprisonment for life.’’.
SEC. 6906. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by
inserting after section 175b the following:
‘‘§ 175c. Variola virus
‘‘(a) UNLAWFUL CONDUCT.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive,
possess, import, export, or use, or possess and threaten to
use, variola virus.
‘‘(2) EXCEPTION.—This subsection does not apply to conduct
by, or under the authority of, the Secretary of Health and
Human Services.
‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if—
‘‘(1) the offense occurs in or affects interstate or foreign
commerce;
‘‘(2) the offense occurs outside of the United States and
is committed by a national of the United States;
‘‘(3) the offense is committed against a national of the
United States while the national is outside the United States;
‘‘(4) the offense is committed against any property that
is owned, leased, or used by the United States or by any
department or agency of the United States, whether the property is within or outside the United States; or
‘‘(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom
jurisdiction exists under this subsection to commit an offense
under this section.
‘‘(c) CRIMINAL PENALTIES.—
‘‘(1) IN GENERAL.—Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.
‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the
course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item
or items described in subsection (a), shall be fined not more
than $2,000,000 and imprisoned for not less than 30 years
or imprisoned for life.
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another
results from a person’s violation of subsection (a), the person
shall be fined not more than $2,000,000 and punished by
imprisonment for life.
‘‘(d) DEFINITION.—As used in this section, the term ‘variola
virus’ means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent
of the gene sequence of the variola major virus or the variola
minor virus.’’.
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SEC. 6907. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended—
(1) in paragraph (a), by inserting ‘‘2122 and’’ after ‘‘sections’’;
(2) in paragraph (c), by inserting ‘‘section 175c (relating
to variola virus),’’ after ‘‘section 175 (relating to biological
weapons),’’; and
(3) in paragraph (q), by inserting ‘‘2332g, 2332h,’’ after
‘‘2332f,’’.
SEC. 6908. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18,
UNITED STATES CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is
amended—
(1) in clause (i)—
(A) by inserting before ‘‘2339 (relating to harboring
terrorists)’’ the following: ‘‘2332g (relating to missile systems designed to destroy aircraft), 2332h (relating to radiological dispersal devices),’’; and
(B) by inserting ‘‘175c (relating to variola virus),’’ after
‘‘175 or 175b (relating to biological weapons),’’; and
(2) in clause (ii)—
(A) by striking ‘‘section’’ and inserting ‘‘sections 92
(relating to prohibitions governing atomic weapons) or’’;
and
(B) by inserting ‘‘2122 or’’ before ‘‘2284’’.
SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18,
UNITED STATES CODE.
Section 1956(c)(7)(D), title 18, United States Code, is
amended—
(1) by inserting after ‘‘section 152 (relating to concealment
of assets; false oaths and claims; bribery),’’ the following: ‘‘section 175c (relating to the variola virus),’’;
(2) by inserting after ‘‘section 2332(b) (relating to international terrorist acts transcending national boundaries),’’ the
following: ‘‘section 2332g (relating to missile systems designed
to destroy aircraft), section 2332h (relating to radiological dispersal devices),’’; and
(3) striking ‘‘or’’ after ‘‘any felony violation of the Foreign
Agents Registration Act of 1938,’’ and after ‘‘any felony violation
of the Foreign Corrupt Practices Act’’, striking ‘‘;’’ and inserting
‘‘, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C.
2122) (relating to prohibitions governing atomic weapons)’’.
SEC. 6910. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C.
2778) is amended—
(1) by striking ‘‘or’’ before ‘‘(xi)’’; and
(2) by inserting after clause (xi) the following: ‘‘or (xii)
section 3, 4, 5, and 6 of the Prevention of Terrorist Access
to Destructive Weapons Act of 2004, relating to missile systems
designed to destroy aircraft (18 U.S.C. 2332g), prohibitions
governing atomic weapons (42 U.S.C. 2122), radiological dispersal devices (18 U.S.C. 2332h), and variola virus (18 U.S.C.
175b);’’.
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118 STAT. 3775
SEC. 6911. CLERICAL AMENDMENTS.
(a) CHAPTER 113B.—The table of sections for chapter 113B
of title 18, United States Code, is amended by inserting the following after the item for section 2332f:
‘‘2332g. Missile systems designed to destroy aircraft.
‘‘2332h. Radiological dispersal devices.’’.
(b) CHAPTER 10.—The table of sections for chapter 10 of title
18, United States Code, is amended by inserting the following
item after the item for section 175b:
‘‘175c. Variola virus.’’.
Subtitle K—Pretrial Detention of
Terrorists
Pretrial
Detention of
Terrorists Act of
2004.
SEC. 6951. SHORT TITLE.
This subtitle may be cited as the ‘‘Pretrial Detention of Terrorists Act of 2004’’.
SEC. 6952. PRESUMPTION FOR PRETRIAL
INVOLVING TERRORISM.
DETENTION
IN
18 USC 3141
note.
CASES
Section 3142 of title 18, United States Code, is amended—
(1) in subsection (e)—
(A) by inserting ‘‘or’’ before ‘‘the Maritime’’; and
(B) by inserting ‘‘or an offense listed in section
2332b(g)(5)(B) of title 18, United States Code, for which
a maximum term of imprisonment of 10 years or more
is prescribed’’ after ‘‘or 2332b of this title,’’; and
(2) in subsections (f)(1)(A) and (g)(1), by inserting ‘‘, or
an offense listed in section 2332b(g)(5)(B) for which a maximum
term of imprisonment of 10 years or more is prescribed’’ after
‘‘violence’’ each place such term appears.
TITLE VII—IMPLEMENTATION OF 9/11
COMMISSION RECOMMENDATIONS
SEC. 7001. SHORT TITLE.
9/11 Commission
Implementation
Act of 2004.
6 USC 101 note.
This title may be cited as the ‘‘9/11 Commission Implementation
Act of 2004’’.
Subtitle A—Diplomacy, Foreign Aid, and
the Military in the War on Terrorism
SEC. 7101. FINDINGS.
Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Long-term success in the war on terrorism demands
the use of all elements of national power, including diplomacy,
military action, intelligence, covert action, law enforcement,
economic policy, foreign aid, public diplomacy, and homeland
defense.
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22 USC 2656
note.
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PUBLIC LAW 108–458—DEC. 17, 2004
(2) To win the war on terrorism, the United States must
assign to economic and diplomatic capabilities the same strategic priority that is assigned to military capabilities.
(3) The legislative and executive branches of the Government of the United States must commit to robust, long-term
investments in all of the tools necessary for the foreign policy
of the United States to successfully accomplish the goals of
the United States.
(4) The investments referred to in paragraph (3) will
require increased funding to United States foreign affairs programs in general, and to priority areas as described in this
title in particular.
SEC. 7102. TERRORIST SANCTUARIES.
22 USC 2656f
note.
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(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) Complex terrorist operations require locations that provide such operations sanctuary from interference by Government or law enforcement personnel.
(2) A terrorist sanctuary existed in Afghanistan before
September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided direct
and indirect value to members of al Qaeda who participated
in the terrorist attacks on the United States on September
11, 2001, and in other terrorist operations.
(4) Terrorist organizations have fled to some of the least
governed and most lawless places in the world to find sanctuary.
(5) During the 21st century, terrorists are often focusing
on remote regions and failing states as locations to seek sanctuary.
(b) SENSE OF CONGRESS ON UNITED STATES POLICY ON TERRORIST SANCTUARIES.—It is the sense of Congress that it should
be the policy of the United States—
(1) to identify foreign countries that are being used as
terrorist sanctuaries;
(2) to assess current United States resources and tools
being used to assist foreign governments to eliminate such
sanctuaries;
(3) to develop and implement a coordinated strategy to
prevent terrorists from using such foreign countries as sanctuaries; and
(4) to work in bilateral and multilateral fora to elicit the
cooperation needed to identify and address terrorist sanctuaries
that may exist today, but, so far, remain unknown to governments.
(c) AMENDMENTS TO EXISTING LAW TO INCLUDE TERRORIST
SANCTUARIES.—
(1) IN GENERAL.—Section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)) is amended—
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following:
‘‘(5)(A) As used in paragraph (1), the term ‘repeatedly provided support for acts of international terrorism’ shall include
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118 STAT. 3777
the recurring use of any part of the territory of the country
as a sanctuary for terrorists or terrorist organizations.
‘‘(B) In this paragraph—
‘‘(i) the term ‘territory of a country’ means the land,
waters, and airspace of the country; and
‘‘(ii) the term ‘sanctuary’ means an area in the territory
of a country—
‘‘(I) that is used by a terrorist or terrorist
organization—
‘‘(aa) to carry out terrorist activities, including
training, financing, and recruitment; or
‘‘(bb) as a transit point; and
‘‘(II) the government of which expressly consents
to, or with knowledge, allows, tolerates, or disregards
such use of its territory.’’.
(2) RULE OF CONSTRUCTION.—Nothing in this subsection
or the amendments made by this subsection shall be construed
as affecting any determination made by the Secretary of State
pursuant to section 6(j) of the Export Administration Act of
1979 with respect to a country prior to the date of enactment
of this Act.
(3) IMPLEMENTATION.—The President shall implement the
amendments made by paragraph (1) by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(d) AMENDMENTS TO GLOBAL PATTERNS OF TERRORISM
REPORT.—
(1) IN GENERAL.—Section 140(a)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(a)(1)) is amended—
(A) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’;
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively;
(C) in subparagraph (A)(iii) (as redesignated), by
adding ‘‘and’’ at the end; and
(D) by adding at the end the following:
‘‘(B) detailed assessments with respect to each foreign
country whose territory is being used as a sanctuary for
terrorists or terrorist organizations;’’.
(2) CONTENTS.—Section 140(b) of such Act (22 U.S.C.
2656f(b)) is amended—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection
(a)(1)(A)’’; and
(ii) by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
‘‘(2) with respect to subsection (a)(1)(B)—
‘‘(A) the extent of knowledge by the government of
the country with respect to terrorist activities in the territory of the country; and
‘‘(B) the actions by the country—
‘‘(i) to eliminate each terrorist sanctuary in the
territory of the country;
‘‘(ii) to cooperate with United States antiterrorism
efforts; and
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50 USC app.
2405 note.
President.
50 USC app.
2405 note.
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‘‘(iii) to prevent the proliferation of and trafficking
in weapons of mass destruction in and through the
territory of the country;’’;
(D) in paragraph (3), as redesignated, by striking the
period at the end and inserting a semicolon; and
(E) by inserting after paragraph (3) the following:
‘‘(4) a strategy for addressing, and where possible eliminating, terrorist sanctuaries that shall include—
‘‘(A) a description of terrorist sanctuaries, together with
an assessment of the priorities of addressing and eliminating such sanctuaries;
‘‘(B) an outline of strategies for disrupting or eliminating the security provided to terrorists by such sanctuaries;
‘‘(C) a description of efforts by the United States to
work with other countries in bilateral and multilateral
fora to address or eliminate terrorist sanctuaries and disrupt or eliminate the security provided to terrorists by
such sanctuaries; and
‘‘(D) a description of long-term goals and actions
designed to reduce the conditions that allow the formation
of terrorist sanctuaries; and
‘‘(5) an update of the information contained in the report
required to be transmitted to Congress under 7120(b) of the
9/11 Commission Implementation Act of 2004.’’.
(3) DEFINITIONS.—Section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)) is amended—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(4) the terms ‘territory’ and ‘territory of the country’ mean
the land, waters, and airspace of the country; and
‘‘(5) the terms ‘terrorist sanctuary’ and ‘sanctuary’ mean
an area in the territory of the country—
‘‘(A) that is used by a terrorist or terrorist
organization—
‘‘(i) to carry out terrorist activities, including
training, fundraising, financing, and recruitment; or
‘‘(ii) as a transit point; and
‘‘(B) the government of which expressly consents to,
or with knowledge, allows, tolerates, or disregards such
use of its territory and is not subject to a determination
under—
‘‘(i) section 6(j)(1)(A) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)(A));
‘‘(ii) section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a)); or
‘‘(iii) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)).’’.
(4) EFFECTIVE DATE.—The amendments made by this subsection apply with respect to the report required to be transmitted under section 140 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), by April
30, 2006, and by April 30 of each subsequent year.
22 USC 2656f
note.
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SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) The Government of Pakistan has a critical role to perform in the struggle against terrorism.
(2) Due to its location, topography, social conditions, and
other factors, Pakistan can be attractive to extremists seeking
refuge or opportunities to recruit or train, or a place from
which to operate against Coalition Forces in Afghanistan.
(3) A stable Pakistan, with a moderate, responsible government that serves as a voice of tolerance in the Muslim world,
is critical to stability in the region.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the United States should—
(1) help to ensure a promising, stable, and secure future
for Pakistan over the long term;
(2) provide a comprehensive program of assistance to
encourage and enable Pakistan—
(A) to continue and improve upon its commitment to
combating extremists;
(B) to seek to resolve any outstanding difficulties with
its neighbors and other countries in its region;
(C) to continue to make efforts to fully control its
territory and borders;
(D) to progress toward becoming a more effective and
participatory democracy;
(E) to participate more vigorously in the global marketplace and to continue to modernize its economy;
(F) to take all necessary steps to halt the spread of
weapons of mass destruction;
(G) to improve and expand access to education for
all citizens; and
(H) to increase the number and level of exchanges
between the Pakistani people and the American people;
and
(3) continue to provide assistance to Pakistan at not less
than the overall levels requested by the President for fiscal
year 2005.
(c) EXTENSION OF PAKISTAN WAIVERS.—The Act entitled ‘‘An
Act to authorize the President to exercise waivers of foreign assistance restrictions with respect to Pakistan through September 30,
2003, and for other purposes’’, approved October 27, 2001 (Public
Law 107–57; 115 Stat. 403), as amended by section 2213 of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–
106; 117 Stat. 1232), is further amended—
(1) in section 1(b)—
(A) in the heading, by striking ‘‘FISCAL YEAR 2004’’
and inserting ‘‘FISCAL YEARS 2005 and 2006’’; and
(B) in paragraph (1), by striking ‘‘2004’’ and inserting
‘‘2005 or 2006’’;
(2) in section 3(2), by striking ‘‘and 2004,’’ and inserting
‘‘2004, 2005, and 2006’’; and
(3) in section 6, by striking ‘‘2004’’ and inserting ‘‘2006’’.
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115 Stat. 403.
115 Stat. 404.
115 Stat. 405.
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Afghanistan
Freedom Support
Act Amendments
of 2004.
22 USC 7501
note.
22 USC 7511
note.
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PUBLIC LAW 108–458—DEC. 17, 2004
SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
(a) SHORT TITLE.—This section may be cited as the ‘‘Afghanistan Freedom Support Act Amendments of 2004’’.
(b) COORDINATION OF ASSISTANCE.—
(1) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(A) The United States and its allies in the international
community have made progress in promoting economic and
political reform within Afghanistan, including the
establishment of a central government with a democratic
constitution, a new currency, and a new army, the increase
of personal freedom, and the elevation of the standard
of living of many Afghans.
(B) A number of significant obstacles must be overcome
if Afghanistan is to become a secure and prosperous democracy, and such a transition depends in particular upon—
(i) improving security throughout the country;
(ii) disarming and demobilizing militias;
(iii) curtailing the rule of the warlords;
(iv) promoting equitable economic development;
(v) protecting the human rights of the people of
Afghanistan;
(vi) continuing to hold elections for public officials;
and
(vii) ending the cultivation, production, and trafficking of narcotics.
(C) The United States and the international community
must make a long-term commitment to addressing the
unstable security situation in Afghanistan and the burgeoning narcotics trade, endemic poverty, and other serious
problems in Afghanistan in order to prevent that country
from relapsing into a sanctuary for international terrorism.
(2) SENSE OF CONGRESS.—It is the sense of Congress that
the United States Government should take, with respect to
Afghanistan, the following actions:
(A) Work with other nations to obtain long-term security, political, and financial commitments and fulfillment
of pledges to the Government of Afghanistan to accomplish
the objectives of the Afghanistan Freedom Support Act
of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a
secure, democratic, and prosperous Afghanistan that
respects the rights of its citizens and is free of international
terrorist organizations.
(B) Use the voice and vote of the United States in
relevant international organizations, including the North
Atlantic Treaty Organization and the United Nations Security Council, to strengthen international commitments to
assist the Government of Afghanistan in enhancing security, building national police and military forces, increasing
counter-narcotics efforts, and expanding infrastructure and
public services throughout the country.
(C) Take appropriate steps to increase the assistance
provided under programs of the Department of State and
the United States Agency for International Development
throughout Afghanistan and to increase the number of
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personnel of those agencies in Afghanistan as necessary
to support the increased assistance.
(c) COORDINATOR FOR ASSISTANCE.—
(1) FINDINGS.—Congress makes the following findings:
(A) The Final Report of the National Commission on
Terrorist Attacks Upon the United States criticized the
provision of United States assistance to Afghanistan for
being too inflexible.
(B) The Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7501 et seq.) contains provisions that provide
for flexibility in the provision of assistance for Afghanistan
and are not subject to the requirements of typical foreign
assistance programs and provide for the designation of
a coordinator to oversee United States assistance for
Afghanistan.
(2) DESIGNATION OF COORDINATOR.—Section 104(a) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a))
is amended in the matter preceding paragraph (1) by striking
‘‘is strongly urged to’’ and inserting ‘‘shall’’.
(d) ASSISTANCE PLAN; INTERNATIONAL COORDINATION.—Section
104 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7514) is amended by adding at the end the following:
‘‘(c) ASSISTANCE PLAN.—
‘‘(1) SUBMISSION TO CONGRESS.—The coordinator designated
under subsection (a) shall annually submit the Afghanistan
assistance plan of the Administration to—
‘‘(A) the Committee on Foreign Relations of the Senate;
‘‘(B) the Committee on International Relations of the
House of Representatives;
‘‘(C) the Committee on Appropriations of the Senate;
and
‘‘(D) the Committee on Appropriations of the House
of Representatives.
‘‘(2) CONTENTS.—The assistance plan submitted under
paragraph (1) shall describe—
‘‘(A) how the plan relates to the strategy provided
pursuant to section 304; and
‘‘(B) how the plan builds upon United States assistance
provided to Afghanistan since 2001.
‘‘(d) COORDINATION WITH INTERNATIONAL COMMUNITY.—
‘‘(1) IN GENERAL.—The coordinator designated under subsection (a) shall work with the international community and
the Government of Afghanistan to ensure that assistance to
Afghanistan is implemented in a coherent, consistent, and efficient manner to prevent duplication and waste.
‘‘(2) INTERNATIONAL FINANCIAL INSTITUTIONS.—The coordinator designated under subsection (a), under the direction of
the Secretary of State, shall work through the Secretary of
the Treasury and the United States Executive Directors at
the international financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions Act (22
U.S.C. 262r(c)(2))) to coordinate United States assistance for
Afghanistan with international financial institutions.
(e) GENERAL PROVISIONS RELATING TO THE AFGHANISTAN
FREEDOM SUPPORT ACT OF 2002.—
(1) ASSISTANCE TO PROMOTE ECONOMIC, POLITICAL AND
SOCIAL DEVELOPMENT.—
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22 USC 7514
note.
Deadlines.
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22 USC 7513
note.
22 USC 7511
note.
22 USC 7555.
(A) DECLARATION OF POLICY.—Congress reaffirms the
authorities contained in title I of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7501 et seq.), relating
to economic and democratic development assistance for
Afghanistan.
(B) PROVISION OF ASSISTANCE.—Section 103(a) of such
Act (22 U.S.C. 7513(a)) is amended in the matter preceding
paragraph (1) by striking ‘‘section 512 of Public Law 107–
115 or any other similar’’ and inserting ‘‘any other’’.
(2) DECLARATIONS OF GENERAL POLICY.—Congress makes
the following declarations:
(A) The United States reaffirms the support that it
and other countries expressed for the report entitled
‘‘Securing Afghanistan’s Future’’ in their Berlin Declaration
of April 2004. The United States should help enable the
growth needed to create an economically sustainable
Afghanistan capable of the poverty reduction and social
development foreseen in the report.
(B) The United States supports the parliamentary elections to be held in Afghanistan by April 2005 and will
help ensure that such elections are not undermined,
including by warlords or narcotics traffickers.
(C) The United States continues to urge North Atlantic
Treaty Organization members and other friendly countries
to make much greater military contributions toward
securing the peace in Afghanistan.
(3) FORM OF REPORTS.—Section 304 of the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7554) is amended—
(A) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(a) IN GENERAL.—The Secretary’’;
(B) by striking ‘‘The first report’’ and inserting the
following:
‘‘(b) DEADLINE FOR SUBMISSION.—The first report’’; and
(C) by adding at the end the following:
‘‘(c) FORM OF REPORTS.—Any report or other matter that is
required to be submitted to Congress (including a committee of
Congress) by this Act may contain a classified annex.’’.
(4) LONG-TERM STRATEGY.—
(A) STRATEGY.—Title III of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7551 et seq.) is amended
by adding at the end the following:
‘‘SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.
‘‘(a) STRATEGY.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, the President shall formulate
a 5-year strategy for Afghanistan and submit such strategy
to—
‘‘(A) the Committee on Foreign Relations of the Senate;
‘‘(B) the Committee on International Relations of the
House of Representatives;
‘‘(C) the Committee on Appropriations of the Senate;
and
‘‘(D) the Committee on Appropriations of the House
of Representatives.
Deadline.
President.
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‘‘(2) CONTENTS.—The strategy formulated under paragraph
(1) shall include specific and measurable goals for addressing
the long-term development and security needs of Afghanistan,
including sectors such as agriculture and irrigation, parliamentary and democratic development, the judicial system and rule
of law, human rights, education, health, telecommunications,
electricity, women’s rights, counternarcotics, police, border security, anti-corruption, and other law-enforcement activities, as
well as the anticipated costs and time frames associated with
achieving those goals.
‘‘(b) MONITORING.—
‘‘(1) ANNUAL REPORT.—The President shall transmit on an
annual basis through 2010 a report describing the progress
made toward the implementation of the strategy required by
subsection (a) and any changes to the strategy since the date
of the submission of the last report to—
‘‘(A) the Committee on Foreign Relations of the Senate;
‘‘(B) the Committee on International Relations of the
House of Representatives;
‘‘(C) the Committee on Appropriations of the Senate;
and
‘‘(D) the Committee on Appropriations of the House
of Representatives.’’.
(B) CLERICAL AMENDMENT.—The table of contents for
such Act (22 U.S.C. 7501 note) is amended by adding
after the item relating to section 303 the following new
item:
President.
‘‘Sec. 305. Formulation of long-term strategy for Afghanistan.’’.
(f) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
(1) DECLARATION OF POLICY.—Congress declares that,
although Afghanistan has adopted a new constitution and made
progress on primary education, the United States must invest
in a concerted effort in Afghanistan to improve the rule of
law, good governance, and effective policing, to accelerate work
on secondary and university education systems, and to establish
new initiatives to increase the capacity of civil society.
(2) AMENDMENT.—Section 103(a)(5) of the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)) is amended
to read as follows:
‘‘(5) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES.—
‘‘(A) EDUCATION.—To assist in the development of the
capacity of the Government of Afghanistan to provide education to the people of Afghanistan, including assistance
such as—
‘‘(i) support for an educated citizenry through
improved access to basic education, with particular
emphasis on basic education for children, especially
orphans;
‘‘(ii) programs to enable the Government of
Afghanistan to recruit and train teachers, with special
focus on the recruitment and training of female
teachers;
‘‘(iii) programs to enable the Government of
Afghanistan to develop school curricula that incorporate relevant information such as landmine awareness, food security and agricultural education, civic
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note.
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education, and human rights education, including education relating to religious freedom;
‘‘(iv) programs to construct, renovate, or rebuild,
and to equip and provide teacher training, for primary
schools, secondary schools, and universities; and
‘‘(v) programs to increase educational exchanges
and partnerships between the United States and
Afghanistan.
‘‘(B) RULE OF LAW.—To assist in the development of
the rule of law and good governance and reduced corruption
in Afghanistan, including assistance such as—
‘‘(i) support for the activities of the Government
of Afghanistan to implement its constitution, to develop
modern legal codes and court rules, to provide for
the creation of legal assistance programs, and other
initiatives to promote the rule of law in Afghanistan;
‘‘(ii) support for improvements in the capacity and
physical infrastructure of the justice system in
Afghanistan, such as for professional training
(including for women) to improve the administration
of justice, for programs to enhance prosecutorial and
judicial capabilities and to protect participants in
judicial cases, for improvements in the instruction of
law enforcement personnel (including human rights
training), and for the promotion of civilian police roles
that support democracy;
‘‘(iii) support for rehabilitation and rebuilding of
courthouses and detention facilities;
‘‘(iv) support for the effective administration of
justice at the national, regional, and local levels,
including programs to improve penal institutions and
the rehabilitation of prisoners, and to establish a
responsible and community-based police force;
‘‘(v) support to increase the transparency, accountability, and participatory nature of governmental
institutions, including programs designed to combat
corruption and other programs for the promotion of
good governance, such as the development of regulations relating to financial disclosure for public officials,
political parties, and candidates for public office, and
transparent budgeting processes and financial management systems;
‘‘(vi) support for establishment of a central bank
and central budgeting authority;
‘‘(vii) support for international organizations that
provide civil advisers to the Government of Afghanistan; and
‘‘(viii) support for Afghan and international efforts
to investigate human rights atrocities committed in
Afghanistan by the Taliban regime, opponents of such
regime, and terrorist groups operating in Afghanistan,
including the collection of forensic evidence relating
to such atrocities.
‘‘(C) CIVIL SOCIETY AND DEMOCRACY.—To support the
development of democratic institutions in Afghanistan,
including assistance for—
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‘‘(i) international monitoring and observing of, and
the promotion of, free and fair elections;
‘‘(ii) strengthening democratic political parties;
‘‘(iii) international exchanges and professional
training for members or officials of government, political, and civic or other nongovernmental entities;
‘‘(iv) national, regional, and local elections and
political party development;
‘‘(v) an independent media;
‘‘(vi) programs that support the expanded participation of women and members of all ethnic groups
in government at national, regional, and local levels;
and
‘‘(vii) programs to strengthen civil society organizations that promote human rights, including religious
freedom, freedom of expression, and freedom of association, and support human rights monitoring.
‘‘(D) PROTECTION OF SITES.—To provide for the protection of Afghanistan’s culture, history, and national identity,
including the rehabilitation of Afghanistan’s museums and
sites of cultural significance.’’.
(3) CONFORMING AMENDMENT.—Section 103(a)(4) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(4))
is amended—
(A) in subparagraph (K), by striking ‘‘and’’ at the end;
(B) in subparagraph (L), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(M) assistance in identifying and surveying key road
and rail routes that are essential for economic renewal
in Afghanistan and the region and support for the
establishment of a customs service and training for customs
officers.’’.
(g) MONITORING OF ASSISTANCE FOR AFGHANISTAN.—Section 103
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513),
is amended by adding at the end the following:
‘‘(d) MONITORING OF ASSISTANCE FOR AFGHANISTAN.—
‘‘(1) REPORT.—
‘‘(A) IN GENERAL.—The Secretary of State, in consultation with the Administrator for the United States Agency
for International Development, shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report on the obligations of United States
assistance for Afghanistan from all United States Government departments and agencies.
‘‘(B) CONTENTS.—Each such report shall set forth, for
the preceding annual period and cumulatively, a description of—
‘‘(i) the activities and the purposes for which funds
were obligated;
‘‘(ii) the source of the funds stated specifically by
fiscal year, agency, and program;
‘‘(iii) the participation of each United States
Government department or agency; and
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22 USC 7536
note.
President.
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‘‘(iv) such other information as the Secretary considers appropriate to fully inform Congress on such
matters.
‘‘(C) ADDITIONAL REQUIREMENTS.—The first report submitted under this paragraph shall include a cumulative
account of information described in subparagraph (B) from
all prior periods beginning with fiscal year 2001. The first
report under this paragraph shall be submitted not later
than March 15, 2005. Subsequent reports shall be submitted every 12 months thereafter and may be included
in the report required under section 206(c)(2).
‘‘(2) SUBMISSION OF INFORMATION FOR REPORT.—The head
of each United States Government agency referred to in paragraph (1) shall provide on a timely basis to the Secretary
of State such information as the Secretary may reasonably
require to allow the Secretary to prepare and submit the report
required under paragraph (1).’’.
(h) UNITED STATES POLICY TO SUPPORT DISARMAMENT OF PRIVATE MILITIAS AND EXPANSION OF INTERNATIONAL PEACEKEEPING
AND SECURITY OPERATIONS IN AFGHANISTAN.—
(1) UNITED STATES POLICY RELATING TO DISARMAMENT OF
PRIVATE MILITIAS.—
(A) IN GENERAL.—It shall be the policy of the United
States to take immediate steps to provide active support
for the disarmament, demobilization, and reintegration of
armed soldiers, particularly child soldiers, in Afghanistan,
in close consultation with the President of Afghanistan.
(B) REPORT.—The report required under section
206(c)(2) of the Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7536(c)(2)) shall include a description of the
progress to implement paragraph (1).
(2) INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS.—Section 206 of such Act (22 U.S.C. 7536) is amended
by adding at the end the following:
‘‘(e) UNITED STATES POLICY RELATING TO INTERNATIONAL
PEACEKEEPING AND SECURITY OPERATIONS.—It shall be the policy
of the United States to make every effort to support the expansion
of international peacekeeping and security operations in Afghanistan in order to—
‘‘(1) increase the area in which security is provided and
undertake vital tasks related to promoting security, such as
disarming warlords, militias, and irregulars, and disrupting
opium production; and
‘‘(2) safeguard highways in order to allow the free flow
of commerce and to allow material assistance to the people
of Afghanistan, and aid personnel in Afghanistan, to move
more freely.’’.
(i) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND
SECURITY OPERATIONS IN AFGHANISTAN.—Section 206(d)(1) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1))
is amended to read as follows:
‘‘(1) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND
SECURITY OPERATIONS IN AFGHANISTAN.—
‘‘(A) EFFORTS.—The President shall encourage, and,
as authorized by law, enable other countries to actively
participate in expanded international peacekeeping and
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security operations in Afghanistan, especially through the
provision of military personnel for extended periods of time.
‘‘(B) REPORTS.—The President shall prepare and
transmit a report on the efforts carried out pursuant to
subparagraph (A) to the Committee on Foreign Relations
of the Senate and the Committee on International Relations
of the House of Representatives. The first report under
this subparagraph shall be transmitted not later than 60
days after the date of the enactment of the Afghanistan
Freedom Support Act Amendments of 2004 and subsequent
reports shall be transmitted every 6 months thereafter
and may be included in the report required by subsection
(c)(2).’’.
(j) PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN
AFGHANISTAN.—
(1) AUTHORIZATION OF ASSISTANCE.—Section 103(a)(3)(A)
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7513(a)(3)(A)) is amended—
(A) in clause (i), by striking ‘‘establish crop substitution
programs,’’ and inserting ‘‘promote alternatives to poppy
cultivation, including the introduction of high value crops
that are suitable for export and the provision of appropriate
technical assistance and credit mechanisms for farmers,’’;
(B) in clause (ii), by inserting before the semicolon
at the end the following: ‘‘, and to create special counternarcotics courts, prosecutors, and places of incarceration’’;
(C) in clause (iii), by inserting before the semicolon
at the end the following: ‘‘, in particular, notwithstanding
section 660 of the Foreign Assistance Act of 1961 (22 U.S.C.
2420), by providing non-lethal equipment, training
(including training in internationally recognized standards
of human rights, the rule of law, anti-corruption, and the
promotion of civilian police roles that support democracy),
and payments, during fiscal years 2005 through 2008, for
salaries for special counternarcotics police and supporting
units’’;
(D) in clause (iv), by striking ‘‘and’’ at the end;
(E) in clause (v), by striking the period at the end
and inserting ‘‘; and’’; and
(F) by adding after clause (v) the following:
‘‘(vi) assist the Afghan National Army with respect
to any of the activities under this paragraph.’’.
(2) SENSE OF CONGRESS AND REPORT.—Title II of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7531
et seq.) is amended—
(A) by redesignating sections 207 and 208 as sections
208 and 209, respectively; and
(B) by inserting after section 206 the following:
‘‘SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTERDRUG EFFORTS IN AFGHANISTAN.
22 USC 7537,
7538.
22 USC 7536a.
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that—
‘‘(1) the President should make the substantial reduction
of illegal drug production and trafficking in Afghanistan a
priority in the Global War on Terrorism;
‘‘(2) the Secretary of Defense, in coordination with the
Secretary of State and the heads of other appropriate Federal
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agencies, should expand cooperation with the Government of
Afghanistan and international organizations involved in
counter-drug activities to assist in providing a secure environment for counter-drug personnel in Afghanistan; and
‘‘(3) the United States, in conjunction with the Government
of Afghanistan and coalition partners, should undertake additional efforts to reduce illegal drug trafficking and related
activities that provide financial support for terrorist organizations in Afghanistan and neighboring countries.
‘‘(b) REPORT REQUIRED.—(1) The Secretary of Defense and the
Secretary of State shall jointly prepare a report that describes—
‘‘(A) the progress made toward substantially reducing poppy
cultivation and heroin production capabilities in Afghanistan;
and
‘‘(B) the extent to which profits from illegal drug activity
in Afghanistan are used to financially support terrorist
organizations and groups seeking to undermine the Government
of Afghanistan.
‘‘(2) The report required by this subsection shall be submitted
to Congress not later than 120 days after the date of the enactment
of the 9/11 Recommendations Implementation Act.’’.
(3) CLERICAL AMENDMENT.—The table of contents for such
Act (22 U.S.C. 7501 note) is amended by striking the items
relating to sections 207 and 208 and inserting the following:
‘‘Sec. 207. Sense of Congress and report regarding counter-drug efforts in Afghanistan.
‘‘Sec. 208. Relationship to other authority.
‘‘Sec. 209. Authorization of appropriations.’’.
(k) ADDITIONAL AMENDMENTS TO AFGHANISTAN FREEDOM SUPACT OF 2002.—
(1) EXTENSION OF REPORTS ON IMPLEMENTATION OF
STRATEGY.—Section 206(c)(2) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(c)(2)) is amended in the
matter preceding subparagraph (A) by striking ‘‘2007’’ and
inserting ‘‘2010’’.
(2) TECHNICAL AMENDMENT.—Section 103(a)(7)(A)(xii) of
such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is amended by striking
‘‘National’’ and inserting ‘‘Afghan Independent’’.
(l) REPEAL OF PROHIBITION ON ASSISTANCE.—Section 620D of
the Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating to
prohibition on assistance to Afghanistan) is repealed.
(m) AUTHORIZATION OF APPROPRIATIONS.—Section 108(a) of the
Afghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a))
is amended by striking ‘‘$1,825,000,000 for fiscal year 2004’’ and
all that follows and inserting ‘‘such sums as may be necessary
for each of the fiscal years 2005 and 2006.’’.
PORT
SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND
SAUDI ARABIA.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) Despite a long history of friendly relations with the
United States, there have been problems in cooperation between
the United States and Saudi Arabia.
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(2) The Government of Saudi Arabia has not always
responded promptly or fully to United States requests for assistance in the global war on Islamist terrorism.
(3) The Government of Saudi Arabia has not done all
it can to prevent financial or other support from being provided
to, or reaching, extremist organizations in Saudi Arabia or
other countries.
(4) Counterterrorism cooperation between the Governments
of the United States and Saudi Arabia has improved significantly since the terrorist bombing attacks in Riyadh, Saudi
Arabia, on May 12, 2003, and the Government of Saudi Arabia
is now pursuing al Qaeda and other terror groups operating
inside Saudi Arabia.
(5) The United States must enhance its cooperation and
strong relationship with Saudi Arabia based upon a shared
and public commitment to political and economic reform,
greater tolerance and respect for religious and cultural diversity
and joint efforts to prevent funding for and support of extremist
organizations in Saudi Arabia and elsewhere.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
there should be a more robust dialogue between the people and
Government of the United States and the people and Government
of Saudi Arabia in order to improve the relationship between the
United States and Saudi Arabia.
SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) While support for the United States has plummeted
in the Islamic world, many negative views are uninformed,
at best, and, at worst, are informed by coarse stereotypes
and caricatures.
(2) Local newspapers in countries with predominantly
Muslim populations and influential broadcasters who reach
Muslim audiences through satellite television often reinforce
the idea that the people and Government of the United States
are anti-Muslim.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a
commitment to treat all people humanely, abide by the rule
of law, and be generous to the people and governments of
other countries;
(2) the United States should cooperate with governments
of countries with predominantly Muslim populations to foster
agreement on respect for human dignity and opportunity, and
to offer a vision of a better future that includes stressing
life over death, individual educational and economic opportunity, widespread political participation, contempt for violence,
respect for the rule of law, openness in discussing differences,
and tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Muslims; and
(4) the United States should work to defeat extremism
in all its form, especially in nations with predominantly Muslim
populations by providing assistance to governments, non-
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governmental organizations, and individuals who promote modernization.
SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) FINDING.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
finds that short-term gains enjoyed by the United States through
cooperation with repressive dictatorships have often been outweighed by long-term setbacks for the stature and interests of
the United States.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) United States foreign policy should promote the importance of individual educational and economic opportunity,
encourage widespread political participation, condemn violence,
and promote respect for the rule of law, openness in discussing
differences among people, and tolerance for opposing points
of view; and
(2) the United States Government must encourage the
governments of all countries with predominantly Muslim populations, including those that are friends and allies of the United
States, to promote the value of life and the importance of
individual education and economic opportunity, encourage widespread political participation, condemn violence and promote
the rule of law, openness in discussing differences among
people, and tolerance for opposing points of view.
22 USC 1431
note.
SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN
VALUES.
(a) PROMOTION OF UNITED STATES VALUES THROUGH BROADMEDIA.—
(1) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(A) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants
and criminals in Somalia, Bosnia, Kosovo, Afghanistan,
and Iraq, this message is neither convincingly presented
nor widely understood.
(B) If the United States does not act to vigorously
define its message in countries with predominantly Muslim
populations, the image of the United States will be defined
by Islamic extremists who seek to demonize the United
States.
(C) Recognizing that many Muslim audiences rely on
satellite television and radio, the United States Government has launched promising initiatives in television and
radio broadcasting to the Islamic world, including Iran
and Afghanistan.
(2) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) the United States must do more to defend and
promote its values and ideals to the broadest possible
audience in countries with predominantly Muslim populations;
(B) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate
expressions of these values reach large Muslim audiences
and should be robustly supported;
CAST
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(C) the United States Government could and should
do more to engage Muslim audiences in the struggle of
ideas; and
(D) the United States Government should more intensively employ existing broadcast media in the Islamic world
as part of this engagement.
(b) ENHANCING FREE AND INDEPENDENT MEDIA.—
(1) FINDINGS.—Congress makes the following findings:
(A) Freedom of speech and freedom of the press are
fundamental human rights.
(B) The United States has a national interest in promoting these freedoms by supporting free media abroad,
which is essential to the development of free and democratic
societies consistent with our own.
(C) Free media is undermined, endangered, or nonexistent in many repressive and transitional societies
around the world, including in Eurasia, Africa, and the
Middle East.
(D) Individuals lacking access to a plurality of free
media are vulnerable to misinformation and propaganda
and are potentially more likely to adopt anti-United States
views.
(E) Foreign governments have a responsibility to
actively and publicly discourage and rebut unprofessional
and unethical media while respecting journalistic integrity
and editorial independence.
(2) STATEMENT OF POLICY.—It shall be the policy of the
United States, acting through the Secretary of State, to—
(A) ensure that the promotion of freedom of the press
and freedom of media worldwide is a priority of United
States foreign policy and an integral component of United
States public diplomacy;
(B) respect the journalistic integrity and editorial
independence of free media worldwide; and
(C) ensure that widely accepted standards for professional and ethical journalistic and editorial practices are
employed when assessing international media.
(c) ESTABLISHMENT OF MEDIA NETWORK.—
(1) GRANTS FOR ESTABLISHMENT OF NETWORK.—The Secretary of State shall, utilizing amounts authorized to be appropriated by subsection (e)(2), make grants to the National
Endowment for Democracy (NED) under the National Endowment for Democracy Act (22 U.S.C. 4411 et seq.) for utilization
by the Endowment to provide funding to a private sector group
to establish and manage a free and independent media network
as specified in paragraph (2).
(2) MEDIA NETWORK.—The media network established using
funds under paragraph (1) shall provide an effective forum
to convene a broad range of individuals, organizations, and
governmental participants involved in journalistic activities and
the development of free and independent media in order to—
(A) fund a clearinghouse to collect and share information concerning international media development and
training;
(B) improve research in the field of media assistance
and program evaluation to better inform decisions
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regarding funding and program design for government and
private donors;
(C) explore the most appropriate use of existing means
to more effectively encourage the involvement of the private
sector in the field of media assistance; and
(D) identify effective methods for the development of
a free and independent media in societies in transition.
(d) AUTHORIZATIONS OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
for each of fiscal years 2005 and 2006, unless otherwise authorized by Congress, such sums as may be necessary to carry
out United States Government broadcasting activities consistent with this section under the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1431 et
seq.), the United States International Broadcasting Act of 1994
(22 U.S.C. 6201 et seq.), and the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6501 et seq.), and to
carry out other activities under this section consistent with
the purposes of such Acts, unless otherwise authorized by Congress.
(2) GRANTS FOR MEDIA NETWORK.—In addition to the
amounts authorized to be appropriated under paragraph (1),
there are authorized to be appropriated for each of fiscal years
2005 and 2006, unless otherwise authorized by Congress, such
sums as may be necessary for grants under subsection (c)(1)
for the establishment of the media network described in subsection (c)(2).
SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.
(a) IN GENERAL.—The State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting after
section 59 the following new section:
22 USC 2732.
‘‘SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.
‘‘(a) INTEGRAL COMPONENT.—The Secretary of State shall make
public diplomacy an integral component in the planning and execution of United States foreign policy.
‘‘(b) COORDINATION AND DEVELOPMENT OF STRATEGY.—The Secretary shall make every effort to—
‘‘(1) coordinate, subject to the direction of the President,
the public diplomacy activities of Federal agencies; and
‘‘(2) coordinate with the Broadcasting Board of Governors
to—
‘‘(A) develop a comprehensive and coherent strategy
for the use of public diplomacy resources; and
‘‘(B) develop and articulate long-term measurable objectives for United States public diplomacy.
‘‘(c) OBJECTIVES.—The strategy developed pursuant to subsection (b) shall include public diplomacy efforts targeting developed
and developing countries and select and general audiences, using
appropriate media to properly explain the foreign policy of the
United States to the governments and populations of such countries,
with the objectives of increasing support for United States policies
and providing news and information. The Secretary shall, through
the most effective mechanisms, counter misinformation and propaganda concerning the United States. The Secretary shall continue
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to articulate the importance of freedom, democracy, and human
rights as fundamental principles underlying United States foreign
policy goals.
‘‘(d) IDENTIFICATION OF UNITED STATES FOREIGN ASSISTANCE.—
In cooperation with the United States Agency for International
Development (USAID) and other public and private assistance
organizations and agencies, the Secretary should ensure that
information relating to foreign assistance provided by the United
States, nongovernmental organizations, and private entities of the
United States is disseminated widely, and particularly, to the extent
practicable, within countries and regions that receive such assistance. The Secretary should ensure that, to the extent practicable,
projects funded by USAID not involving commodities, including
projects implemented by private voluntary organizations, are identified as provided by the people of the United States.’’.
(b) FUNCTIONS OF THE UNDER SECRETARY OF STATE FOR PUBLIC
DIPLOMACY.—
(1) AMENDMENT.—Section 1(b)(3) of such Act (22 U.S.C.
2651a(b)(3)) is amended by adding at the end the following
new sentence: ‘‘The Under Secretary for Public Diplomacy
shall—
‘‘(A) prepare an annual strategic plan for public diplomacy in collaboration with overseas posts and in consultation with the regional and functional bureaus of the Department;
‘‘(B) ensure the design and implementation of appropriate program evaluation methodologies;
‘‘(C) provide guidance to Department personnel in the
United States and overseas who conduct or implement
public diplomacy policies, programs, and activities;
‘‘(D) assist the United States Agency for International
Development and the Broadcasting Board of Governors
to present the policies of the United States clearly and
effectively; and
‘‘(E) submit statements of United States policy and
editorial material to the Broadcasting Board of Governors
for broadcast consideration.’’.
(2) CONSULTATION.—The Under Secretary of State for
Public Diplomacy, in carrying out the responsibilities described
in section 1(b)(3) of such Act (as amended by paragraph (1)),
shall consult with public diplomacy officers operating at United
States overseas posts and in the regional bureaus of the Department of State.
SEC. 7110. PUBLIC DIPLOMACY TRAINING.
22 USC 2651a
note.
22 USC 3922b.
(a) STATEMENT OF POLICY.—The following should be the policy
of the United States:
(1) The Foreign Service should recruit individuals with
expertise and professional experience in public diplomacy.
(2) United States chiefs of mission should have a prominent
role in the formulation of public diplomacy strategies for the
countries and regions to which they are assigned and should
be accountable for the operation and success of public diplomacy
efforts at their posts.
(3) Initial and subsequent training of Foreign Service officers should be enhanced to include information and training
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on public diplomacy and the tools and technology of mass
communication.
(b) PERSONNEL.—
(1) QUALIFICATIONS.—In the recruitment, training, and
assignment of members of the Foreign Service, the Secretary
of State—
(A) should emphasize the importance of public diplomacy and applicable skills and techniques;
(B) should consider the priority recruitment into the
Foreign Service, including at middle-level entry, of individuals with expertise and professional experience in public
diplomacy, mass communications, or journalism; and
(C) shall give special consideration to individuals with
language facility and experience in particular countries
and regions.
(2) LANGUAGES OF SPECIAL INTEREST.—The Secretary of
State shall seek to increase the number of Foreign Service
officers proficient in languages spoken in countries with
predominantly Muslim populations. Such increase should be
accomplished through the recruitment of new officers and incentives for officers in service.
(c) PUBLIC DIPLOMACY SUGGESTED FOR PROMOTION IN FOREIGN
SERVICE.—Section 603(b) of the Foreign Service Act of 1980 (22
U.S.C. 4003(b)) is amended by adding at the end the following:
‘‘The precepts for selection boards shall include, whether the
member of the Service or the member of the Senior Foreign Service,
as the case may be, has demonstrated—
(1) a willingness and ability to explain United States policies in person and through the media when occupying positions
for which such willingness and ability is, to any degree, an
element of the member’s duties, or
(2) other experience in public diplomacy.
SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL ORGANIZATIONS.
(a) SUPPORT AND EXPANSION OF DEMOCRACY CAUCUS.—
(1) IN GENERAL.—The President, acting through the Secretary of State and the relevant United States chiefs of mission,
should—
(A) continue to strongly 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
(B) seek to establish a democracy caucus at the United
Nations Conference on Disarmament and at other broadbased international organizations.
(2) PURPOSES OF THE CAUCUS.—A democracy caucus at
an international organization should—
(A) forge common positions, including, as appropriate,
at the ministerial level, on matters of concern before the
organization and work within and across regional lines
to promote agreed positions;
(B) work to revise an increasingly outmoded system
of membership selection, regional voting, and decisionmaking; and
(C) establish a rotational leadership agreement to provide member countries an opportunity, for a set period
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of time, to serve as the designated president of the caucus,
responsible for serving as its voice in each organization.
(b) LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS.—The President, acting through the Secretary of State, the
relevant United States chiefs of mission, and, where appropriate,
the Secretary of the Treasury, should use the voice, vote, and
influence of the United States to—
(1) where appropriate, reform the criteria for leadership
and, in appropriate cases, for membership, at all United
Nations bodies and at other international organizations and
multilateral institutions to which the United States is a
member so as to exclude countries that violate the principles
of the specific organization;
(2) make it a policy of the United Nations and other international organizations and multilateral institutions of which
the United States is a member that a member country may
not stand in nomination for membership or in nomination or
in rotation for a significant leadership position in such bodies
if the member country is subject to sanctions imposed by the
United Nations Security Council; and
(3) work to ensure that no member country stand in
nomination for membership, or in nomination or in rotation
for a significant leadership position in such organizations, or
for membership on the United Nations Security Council, if
the government of the member country has been determined
by the Secretary of State to have repeatedly provided support
for acts of international terrorism.
(c) INCREASED TRAINING IN MULTILATERAL DIPLOMACY.—
(1) STATEMENT OF POLICY.—It shall be the policy of the
United States that training courses should be established for
Foreign Service Officers and civil service employees of the
State Department, including appropriate chiefs of mission, on
the conduct of multilateral diplomacy, including the conduct
of negotiations at international organizations and multilateral
institutions, negotiating skills that are required at multilateral
settings, coalition-building techniques, and lessons learned from
previous United States multilateral negotiations.
(2) PERSONNEL.—
(A) IN GENERAL.—The Secretary shall ensure that the
training described in paragraph (1) is provided at various
stages of the career of members of the Service.
(B) ACTIONS OF THE SECRETARY.—The Secretary shall
ensure that—
(i) officers of the Service receive training on the
conduct of diplomacy at international organizations
and other multilateral institutions and at broad-based
multilateral negotiations of international instruments
as part of their training upon entry into the Service;
and
(ii) officers of the Service, including chiefs of
mission, who are assigned to United States missions
representing the United States to international
organizations and other multilateral institutions or
who are assigned in Washington, D.C., to positions
that have as their primary responsibility formulation
of policy toward such organizations and institutions
or toward participation in broad-based multilateral
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22 USC 4029.
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negotiations of international instruments, receive
specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving such training at that time is
not practical, within the first year of beginning such
assignment.
(3) TRAINING FOR CIVIL SERVICE EMPLOYEES.—The Secretary shall ensure that employees of the Department of State
who are members of the civil service and who are assigned
to positions described in paragraph (2) receive training
described in paragraph (1) prior to the beginning of service
for such assignment or, if receiving such training at such time
is not practical, within the first year of beginning such assignment.
22 USC 2451
note.
SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP
EXCHANGE PROGRAMS IN THE ISLAMIC WORLD.
AND
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) Exchange, scholarship, and library programs are effective ways for the United States Government to promote internationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values
and offer them knowledge and hope.
(b) DECLARATION OF POLICY.—Consistent with the report of
the National Commission on Terrorist Attacks Upon the United
States, Congress declares that—
(1) the United States should commit to a long-term and
sustainable investment in promoting engagement with people
of all levels of society in countries with predominantly Muslim
populations, particularly with youth and those who influence
youth;
(2) such an investment should make use of the talents
and resources in the private sector and should include programs
to increase the number of people who can be exposed to the
United States and its fundamental ideas and values in order
to dispel misconceptions; and
(3) such programs should include youth exchange programs,
young ambassadors programs, international visitor programs,
academic and cultural exchange programs, American Corner
programs, library programs, journalist exchange programs,
sister city programs, and other programs related to peopleto-people diplomacy.
(c) SENSE OF CONGRESS.—It is the sense of Congress that
the United States should significantly increase its investment in
the people-to-people programs described in subsection (b).
(d) AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL
EXCHANGES.—The President is authorized to substantially expand
the exchange, scholarship, and library programs of the United
States, especially such programs that benefit people in the Muslim
world.
(e) AVAILABILITY OF FUNDS.—Of the amounts authorized to
be appropriated in each of the fiscal years 2005 and 2006 for
educational and cultural exchange programs, there shall be available to the Secretary of State such sums as may be necessary
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to carry out programs under this section, unless otherwise authorized by Congress.
SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICANSPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM
COUNTRIES TO PROVIDE SCHOLARSHIPS.
22 USC 2452
note.
(a) FINDINGS.—Congress makes the following findings:
(1) During the 2003–2004 school year, the Office of Overseas Schools of the Department of State is financially assisting
189 elementary and secondary schools in foreign countries.
(2) United States-sponsored elementary and secondary
schools are located in more than 20 countries with predominantly Muslim populations in the Near East, Africa, South
Asia, Central Asia, and East Asia.
(3) United States-sponsored elementary and secondary
schools provide an American-style education in English, with
curricula that typically include an emphasis on the development
of critical thinking and analytical skills.
(b) STATEMENT OF POLICY.—The United States has an interest
in increasing the level of financial support provided to United
States-sponsored elementary and secondary schools in countries
with predominantly Muslim populations in order to—
(1) increase the number of students in such countries who
attend such schools;
(2) increase the number of young people who may thereby
gain at any early age an appreciation for the culture, society,
and history of the United States; and
(3) increase the number of young people who may thereby
improve their proficiency in the English language.
(c) PILOT PROGRAM.—The Secretary of State, acting through
the Director of the Office of Overseas Schools of the Department
of State, may conduct a pilot program to make grants to United
States-sponsored elementary and secondary schools in countries
with predominantly Muslim populations for the purpose of providing
full or partial merit-based scholarships to students from lowerincome and middle-income families of such countries to attend
such schools.
(d) DETERMINATION OF ELIGIBLE STUDENTS.—For purposes of
the pilot program, a United States-sponsored elementary and secondary school that receives a grant under the pilot program may
establish criteria to be implemented by such school to determine
what constitutes lower-income and middle-income families in the
country (or region of the country, if regional variations in income
levels in the country are significant) in which such school is located.
(e) RESTRICTION ON USE OF FUNDS.—Amounts appropriated
to the Secretary of State pursuant to the authorization of appropriations in subsection (h) shall be used for the sole purpose of making
grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State
or for any other activity of the Office.
(f) VOLUNTARY PARTICIPATION.—Nothing in this section shall
be construed to require participation in the pilot program by a
United States-sponsored elementary or secondary school in a
predominantly Muslim country.
(g) REPORT.—Not later than April 15, 2006, the Secretary of
State shall submit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign
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Relations of the Senate a report on the pilot program. The report
shall assess the success of the program, examine any obstacles
encountered in its implementation, and address whether it should
be continued, and if so, provide recommendations to increase its
effectiveness.
(h) FUNDING.—There are authorized to be appropriated to the
Secretary of State for each of the fiscal years 2005 and 2006,
unless otherwise authorized by Congress, such sums as necessary
to implement the pilot program under this section.
22 USC 2228.
SEC. 7114. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a key
element in any global strategy to eliminate terrorism.
(2) Education in the Middle East about the world outside
that region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting
a concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education
programs targeting women and girls and programs for adult
literacy, and by other means.
(5) To be effective, efforts to improve education in the
Middle East must also include—
(A) support for the provision of basic education tools,
such as textbooks that translate more of the world’s knowledge into local languages and local libraries to house such
materials; and
(B) more vocational education in trades and business
skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital divide that already have been
developed for other regions of the world.
(b) INTERNATIONAL YOUTH OPPORTUNITY FUND.—
(1) ESTABLISHMENT.—The Secretary of State is authorized
to establish through an existing international organization,
such as the United Nations Educational, Science and Cultural
Organization (UNESCO) or other similar body, an International
Youth Opportunity Fund to provide financial assistance for
the improvement of public education in the Middle East and
other countries of strategic interest with predominantly Muslim
populations.
(2) INTERNATIONAL PARTICIPATION.—The Secretary should
seek the cooperation of the international community in establishing and generously supporting the Fund.
SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic policies
and repressive political regimes.
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(2) Policies that support economic development and reform
also have political implications, as economic and political liberties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist
between the United States and Israel and the United States
and Jordan.
(4) Existing and proposed free trade agreements between
the United States and countries with predominantly Muslim
populations are drawing interest from other countries in the
Middle East region, and countries with predominantly Muslim
populations can become full participants in the rules-based
global trading system, as the United States considers lowering
its barriers to trade.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) a comprehensive United States strategy to counter terrorism should include economic policies that encourage development, open societies, and opportunities for people to improve
the lives of their families and to enhance prospects for their
children’s future;
(2) one element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that have
a significant population of Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries
that have a significant population of Muslim individuals,
including efforts to integrate such countries into the global
trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United
States should devote an increased proportion of its assistance
to countries in the Middle East to the promotion of the rule
of law.
SEC. 7116. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for each of fiscal years 2005 and 2006, (unless
otherwise authorized by Congress) such sums as may be necessary
for the Middle East Partnership Initiative.
(b) SENSE OF CONGRESS.—It is the sense of Congress that,
given the importance of the rule of law and economic reform to
development in the Middle East, a significant portion of the funds
authorized to be appropriated under subsection (a) should be made
available to promote the rule of law in the Middle East.
SEC. 7117. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING
TERRORISM.
22 USC 2656
note.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) Almost every aspect of the counterterrorism strategy
of the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign governments
concerning counterterrorism have expanded significantly, but
such contacts have often been ad hoc and not integrated as
a comprehensive and unified approach to counterterrorism.
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President.
Establishment.
PUBLIC LAW 108–458—DEC. 17, 2004
(b) IN GENERAL.—The Secretary of State is authorized in consultation with relevant United States Government agencies, to negotiate on a bilateral or multilateral basis, as appropriate, international agreements under which parties to an agreement work
in partnership to address and interdict acts of international terrorism.
(c) INTERNATIONAL CONTACT GROUP ON COUNTERTERRORISM.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
the President—
(A) should seek to engage the leaders of the governments of other countries in a process of advancing beyond
separate and uncoordinated national counterterrorism
strategies to develop with those other governments a comprehensive multilateral strategy to fight terrorism; and
(B) to that end, should seek to establish an international counterterrorism policy contact group with the
leaders of governments providing leadership in global
counterterrorism efforts and governments of countries with
sizable Muslim populations, to be used as a ready and
flexible international means for discussing and coordinating
the development of important counterterrorism policies by
the participating governments.
(2) AUTHORITY.—The President is authorized to establish
an international counterterrorism policy contact group with
the leaders of governments referred to in paragraph (1) for
the following purposes:
(A) To meet annually, or more frequently as the President determines appropriate, to develop in common with
such other governments important policies and a strategy
that address the various components of international
prosecution of the war on terrorism, including policies and
a strategy that address military issues, law enforcement,
the collection, analysis, and dissemination of intelligence,
issues relating to interdiction of travel by terrorists,
counterterrorism-related customs issues, financial issues,
and issues relating to terrorist sanctuaries.
(B) To address, to the extent (if any) that the President
and leaders of other participating governments determine
appropriate, long-term issues that can contribute to
strengthening stability and security in the Middle East.
SEC. 7118. FINANCING OF TERRORISM.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) The death or capture of several important financial
facilitators has decreased the amount of money available to
al Qaeda, and has made it more difficult for al Qaeda to
raise and move money.
(2) The capture of al Qaeda financial facilitators has provided a windfall of intelligence that can be used to continue
the cycle of disruption.
(3) The United States Government has rightly recognized
that information about terrorist money helps in understanding
terror networks, searching them out, and disrupting their operations.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
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(1) a critical weapon in the effort to stop terrorist financing
should be the targeting of terrorist financial facilitators by
intelligence and law enforcement agencies; and
(2) efforts to track terrorist financing must be paramount
in United States counterterrorism efforts.
SEC. 7119. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) PERIOD OF DESIGNATION.—Section 219(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘Subject to paragraphs (5) and (6),
a’’ and inserting ‘‘A’’; and
(B) by striking ‘‘for a period of 2 years beginning on
the effective date of the designation under paragraph
(2)(B)’’ and inserting ‘‘until revoked under paragraph (5)
or (6) or set aside pursuant to subsection (c)’’;
(2) by striking subparagraph (B) and inserting the following:
‘‘(B) REVIEW OF DESIGNATION UPON PETITION.—
‘‘(i) IN GENERAL.—The Secretary shall review the
designation of a foreign terrorist organization under
the procedures set forth in clauses (iii) and (iv) if
the designated organization files a petition for revocation within the petition period described in clause (ii).
‘‘(ii) PETITION PERIOD.—For purposes of clause (i)—
‘‘(I) if the designated organization has not previously filed a petition for revocation under this
subparagraph, the petition period begins 2 years
after the date on which the designation was made;
or
‘‘(II) if the designated organization has previously filed a petition for revocation under this
subparagraph, the petition period begins 2 years
after the date of the determination made under
clause (iv) on that petition.
‘‘(iii) PROCEDURES.—Any foreign terrorist organization that submits a petition for revocation under this
subparagraph must provide evidence in that petition
that the relevant circumstances described in paragraph
(1) are sufficiently different from the circumstances
that were the basis for the designation such that a
revocation with respect to the organization is warranted.
‘‘(iv) DETERMINATION.—
‘‘(I) IN GENERAL.—Not later than 180 days
after receiving a petition for revocation submitted
under this subparagraph, the Secretary shall make
a determination as to such revocation.
‘‘(II) CLASSIFIED INFORMATION.—The Secretary
may consider classified information in making a
determination in response to a petition for revocation. Classified information shall not be subject
to disclosure for such time as it remains classified,
except that such information may be disclosed to
a court ex parte and in camera for purposes of
judicial review under subsection (c).
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Federal Register,
publication.
Federal Register,
publication.
Effective date.
Federal Register,
publication.
Applicability.
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‘‘(III) PUBLICATION OF DETERMINATION.—A
determination made by the Secretary under this
clause shall be published in the Federal Register.
‘‘(IV) PROCEDURES.—Any revocation by the
Secretary shall be made in accordance with paragraph (6).’’; and
(3) by adding at the end the following:
‘‘(C) OTHER REVIEW OF DESIGNATION.—
‘‘(i) IN GENERAL.—If in a 5-year period no review
has taken place under subparagraph (B), the Secretary
shall review the designation of the foreign terrorist
organization in order to determine whether such designation should be revoked pursuant to paragraph (6).
‘‘(ii) PROCEDURES.—If a review does not take place
pursuant to subparagraph (B) in response to a petition
for revocation that is filed in accordance with that
subparagraph, then the review shall be conducted
pursuant to procedures established by the Secretary.
The results of such review and the applicable procedures shall not be reviewable in any court.
‘‘(iii) PUBLICATION OF RESULTS OF REVIEW.—The
Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.’’.
(b) ALIASES.—Section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189) is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new subsection (b):
‘‘(b) AMENDMENTS TO A DESIGNATION.—
‘‘(1) IN GENERAL.—The Secretary may amend a designation
under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved
and then reconstituted itself under a different name or names,
or merged with another organization.
‘‘(2) PROCEDURE.—Amendments made to a designation in
accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of
subsection (a)(2) shall apply to an amended designation upon
such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and
(8) of subsection (a) shall also apply to an amended designation.
‘‘(3) ADMINISTRATIVE RECORD.—The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
‘‘(4) CLASSIFIED INFORMATION.—The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be subject
to disclosure for such time as it remains classified, except
that such information may be disclosed to a court ex parte
and in camera for purposes of judicial review under subsection
(c).’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 219
of the Immigration and Nationality Act (8 U.S.C. 1189) is
amended—
(1) in subsection (a)—
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(A) in paragraph (3)(B), by striking ‘‘subsection (b)’’
and inserting ‘‘subsection (c)’’;
(B) in paragraph (6)(A)—
(i) in the matter preceding clause (i), by striking
‘‘or a redesignation made under paragraph (4)(B)’’ and
inserting ‘‘at any time, and shall revoke a designation
upon completion of a review conducted pursuant to
subparagraphs (B) and (C) of paragraph (4)’’; and
(ii) in clause (i), by striking ‘‘or redesignation’’;
(C) in paragraph (7), by striking ‘‘, or the revocation
of a redesignation under paragraph (6),’’; and
(D) in paragraph (8)—
(i) by striking ‘‘, or if a redesignation under this
subsection has become effective under paragraph
(4)(B),’’; and
(ii) by striking ‘‘or redesignation’’; and
(2) in subsection (c), as so redesignated—
(A) in paragraph (1), by striking ‘‘of the designation
in the Federal Register,’’ and all that follows through
‘‘review of the designation’’ and inserting ‘‘in the Federal
Register of a designation, an amended designation, or a
determination in response to a petition for revocation, the
designated organization may seek judicial review’’;
(B) in paragraph (2), by inserting ‘‘, amended designation, or determination in response to a petition for revocation’’ after ‘‘designation’’;
(C) in paragraph (3), by inserting ‘‘, amended
designation, or determination in response to a petition
for revocation’’ after ‘‘designation’’; and
(D) in paragraph (4), by inserting ‘‘, amended designation, or determination in response to a petition for revocation’’ after ‘‘designation’’ each place that term appears.
(d) SAVINGS PROVISION.—For purposes of applying section 219
of the Immigration and Nationality Act on or after the date of
enactment of this Act, the term ‘‘designation’’, as used in that
section, includes all redesignations made pursuant to section
219(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C.
1189(a)(4)(B)) prior to the date of enactment of this Act, and such
redesignations shall continue to be effective until revoked as provided in paragraph (5) or (6) of section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)).
Applicability.
8 USC 1189 note.
SEC. 7120. REPORT TO CONGRESS.
(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the President shall submit to Congress
a report on the activities of the Government of the United States
to carry out the provisions of this subtitle.
(b) CONTENTS.—The report required under this section shall
include the following:
(1) TERRORIST SANCTUARIES.—A description of the strategy
of the United States to address and, where possible, eliminate
terrorist sanctuaries, including—
(A) a description of the terrorist sanctuaries that exist;
(B) an outline of strategies, tactics, and tools for disrupting or eliminating the security provided to terrorists
by such sanctuaries;
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(C) a description of efforts by the United States Government to work with other countries in bilateral and multilateral fora to elicit the cooperation needed to identify and
address terrorist sanctuaries that may exist unknown to
governments; and
(D) a description of long-term goals and actions
designed to reduce the conditions that allow the formation
of terrorist sanctuaries, such as supporting and strengthening
host
governments,
reducing
poverty,
increasing economic development, strengthening civil
society, securing borders, strengthening internal security
forces, and disrupting logistics and communications networks of terrorist groups.
(2) SUPPORT FOR PAKISTAN.—A description of a United
States strategy to engage with Pakistan and to support it
over the long term, including—
(A) recommendations on the composition and levels
of assistance required in future years, with special consideration of the proper balance between security assistance
and other forms of assistance;
(B) a description of the composition and levels of assistance, other than security assistance, at present and in
the recent past, structured to permit a comparison of current and past practice with that recommended for the
future;
(C) measures that could be taken to ensure that all
forms of foreign assistance to Pakistan have the greatest
possible long-term positive impact on the welfare of the
Pakistani people and on the ability of Pakistan to cooperate
in global efforts against terror; and
(D) measures that could be taken to alleviate difficulties, misunderstandings, and complications in the relationship between the United States and Pakistan.
(3) COLLABORATION WITH SAUDI ARABIA.—A description of
the strategy of the United States for expanding collaboration
with the Government of Saudi Arabia on subjects of mutual
interest and of importance, including a description of—
(A) steps that could usefully be taken to institutionalize
and make more transparent government to government
relationships between the United States and Saudi Arabia,
including the utility of undertaking periodic, formal, and
visible high-level dialogues between government officials
of both countries to address challenges in the relationship
between the 2 governments and to identify areas and
mechanisms for cooperation;
(B) intelligence and security cooperation between the
United States and Saudi Arabia in the fight against
Islamist terrorism;
(C) ways to increase the contribution of Saudi Arabia
to the stability of the Middle East and the Islamic world,
particularly to the Middle East peace process, by eliminating support from or within Saudi Arabia for extremist
groups or tendencies;
(D) political and economic reform in Saudi Arabia and
throughout the Islamic world;
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(E) ways to promote greater tolerance and respect for
cultural and religious diversity in Saudi Arabia and
throughout the Islamic world; and
(F) ways to assist the Government of Saudi Arabia
in reversing the impact of any financial, moral, intellectual,
or other support provided in the past from Saudi sources
to extremist groups in Saudi Arabia and other countries,
and to prevent this support from continuing in the future.
(4) STRUGGLE OF IDEAS IN THE ISLAMIC WORLD.—A description of a cohesive, long-term strategy of the United States
to help win the struggle of ideas in the Islamic world, including
the following:
(A) A description of specific goals related to winning
this struggle of ideas.
(B) A description of the range of tools available to
the United States Government to accomplish such goals
and the manner in which such tools will be employed.
(C) A list of benchmarks for measuring success and
a plan for linking resources to the accomplishment of such
goals.
(D) A description of any additional resources that may
be necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and
United States participation in, international institutions
for the promotion of democracy and economic diversification
in the Islamic world, and intraregional trade in the Middle
East.
(F) An estimate of the level of United States financial
assistance that would be sufficient to convince United
States allies and people in the Islamic world that engaging
in the struggle of ideas in the Islamic world is a top
priority of the United States and that the United States
intends to make a substantial and sustained commitment
toward winning this struggle.
(5) OUTREACH THROUGH BROADCAST MEDIA.—A description
of a cohesive, long-term strategy of the United States to expand
its outreach to foreign Muslim audiences through broadcast
media, including the following:
(A) The initiatives of the Broadcasting Board of Governors with respect to outreach to foreign Muslim
audiences.
(B) An outline of recommended actions that the United
States Government should take to more regularly and
comprehensively present a United States point of view
through indigenous broadcast media in countries with
predominantly Muslim populations, including increasing
appearances by United States Government officials,
experts, and citizens.
(C) An assessment of the major themes of biased or
false media coverage of the United States in foreign countries and the actions taken to address this type of media
coverage.
(D) An assessment of potential incentives for, and costs
associated with, encouraging United States broadcasters
to dub or subtitle into Arabic and other relevant languages
their news and public affairs programs broadcast in the
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PUBLIC LAW 108–458—DEC. 17, 2004
Muslim world in order to present those programs to a
much broader Muslim audience than is currently reached.
(E) Any recommendations the President may have for
additional funding and legislation necessary to achieve the
objectives of the strategy.
(6) VISAS FOR PARTICIPANTS IN UNITED STATES PROGRAMS.—
A description of—
(A) any recommendations for expediting the issuance
of visas to individuals who are entering the United States
for the purpose of participating in a scholarship, exchange,
or visitor program described in section 7111(b) without
compromising the security of the United States; and
(B) a proposed schedule for implementing any recommendations described in subparagraph (A).
(7) BASIC EDUCATION IN MUSLIM COUNTRIES.—A description
of a strategy, that was developed after consultation with nongovernmental organizations and individuals involved in
education assistance programs in developing countries, to promote free universal basic education in the countries of the
Middle East and in other countries with predominantly Muslim
populations designated by the President. The strategy shall
include the following elements:
(A) A description of the manner in which the resources
of the United States and the international community shall
be used to help achieve free universal basic education in
such countries, including—
(i) efforts of the United States to coordinate an
international effort;
(ii) activities of the United States to leverage contributions from members of the Group of Eight or
other donors; and
(iii) assistance provided by the United States to
leverage contributions from the private sector and civil
society organizations.
(B) A description of the efforts of the United States
to coordinate with other donors to reduce duplication and
waste at the global and country levels and to ensure efficient coordination among all relevant departments and
agencies of the Government of the United States.
(C) A description of the strategy of the United States
to assist efforts to overcome challenges to achieving free
universal basic education in such countries, including
strategies to target hard to reach populations to promote
education.
(D) A listing of countries that the President determines
might be eligible for assistance under the International
Youth Opportunity Fund described in section 7114(b) and
related programs.
(E) A description of the efforts of the United States
to encourage countries in the Middle East and other countries with predominantly Muslim populations designated
by the President to develop and implement a national
education plan.
(F) A description of activities that could be carried
out as part of the International Youth Opportunity Fund
to help close the digital divide and expand vocational and
business skills in such countries.
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(G) An estimate of the funds needed to achieve free
universal basic education by 2015 in each country described
in subparagraph (D), and an estimate of the amount that
has been expended by the United States and by each such
country during the previous fiscal year.
(H) A description of the United States strategy for
garnering programmatic and financial support from countries in the Middle East and other countries with predominantly Muslim populations designated by the President,
international organizations, and other countries that share
the objectives of the International Youth Opportunity Fund.
(8) ECONOMIC REFORM.—A description of the efforts of the
United States Government to encourage development and promote economic reform in countries that have a predominantly
Muslim population, including a description of—
(A) efforts to integrate countries with predominantly
Muslim populations into the global trading system; and
(B) actions that the United States Government, acting
alone and in partnership with governments in the Middle
East, can take to promote intraregional trade and the
rule of law in the region.
(c) FORM OF REPORT.—Any report or other matter that is
required to be submitted to Congress (including a committee of
Congress) under this section may contain a classified annex.
SEC. 7121. CASE-ZABLOCKI ACT REQUIREMENTS.
(a) AVAILABILITY OF
MENTS.—Section 112a of
TREATIES AND INTERNATIONAL AGREEtitle 1, United States Code, is amended
by adding at the end the following:
‘‘(d) The Secretary of State shall make publicly available
through the Internet website of the Department of State each
treaty or international agreement proposed to be published in the
compilation entitled ‘United States Treaties and Other International
Agreements’ not later than 180 days after the date on which the
treaty or agreement enters into force.’’.
(b) TRANSMISSION TO CONGRESS.—Section 112b(a) of title 1,
United States Code, is amended by striking ‘‘Committee on Foreign
Affairs’’ and inserting ‘‘Committee on International Relations’’.
(c) REPORT.—Section 112b of title 1, United States Code, is
amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
‘‘(d)(1) The Secretary of State shall annually submit to Congress
a report that contains an index of all international agreements,
listed by country, date, title, and summary of each such agreement
(including a description of the duration of activities under the
agreement and the agreement itself), that the United States—
‘‘(A) has signed, proclaimed, or with reference to which
any other final formality has been executed, or that has been
extended or otherwise modified, during the preceding calendar
year; and
‘‘(B) has not been published, or is not proposed to be published, in the compilation entitled ‘United States Treaties and
Other International Agreements’.
‘‘(2) The report described in paragraph (1) may be submitted
in classified form.’’.
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Public
information.
Deadline.
Reports.
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1 USC 112b note.
1 USC 112a note.
PUBLIC LAW 108–458—DEC. 17, 2004
(d) DETERMINATION OF INTERNATIONAL AGREEMENT.—Subsection (e) of section 112b of title 1, United States Code, as redesignated, is amended—
(1) by striking ‘‘(e) The Secretary of State’’ and inserting
the following:
‘‘(e)(1) Subject to paragraph (2), the Secretary of State’’; and
(2) by adding at the end the following:
‘‘(2)(A) An arrangement shall constitute an international agreement within the meaning of this section (other than subsection
(c)) irrespective of the duration of activities under the arrangement
or the arrangement itself.
‘‘(B) Arrangements that constitute an international agreement
within the meaning of this section (other than subsection (c)) include
the following:
‘‘(i) A bilateral or multilateral counterterrorism agreement.
‘‘(ii) A bilateral agreement with a country that is subject
to a determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2371(a)), or section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).’’.
(e) ENFORCEMENT OF REQUIREMENTS.—Section 139(b) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
is amended to read as follows:
‘‘(b) EFFECTIVE DATE.—Subsection (a) shall take effect 60 days
after the date of enactment of the 911 Commission Implementation
Act of 2004 and shall apply during fiscal years 2005, 2006, and
2007.’’.
SEC. 7122. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle
shall take effect on the date of enactment of this Act.
Subtitle B—Terrorist Travel and Effective
Screening
SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
8 USC 1776 note.
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(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) Travel documents are as important to terrorists as
weapons since terrorists must travel clandestinely to meet,
train, plan, case targets, and gain access to attack sites.
(2) International travel is dangerous for terrorists because
they must surface to pass through regulated channels, present
themselves to border security officials, or attempt to circumvent
inspection points.
(3) Terrorists use evasive, but detectable, methods to travel,
such as altered and counterfeit passports and visas, specific
travel methods and routes, liaisons with corrupt government
officials, human smuggling networks, supportive travel agencies, and immigration and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If an agency
had done so, the agency could have discovered the ways in
which the terrorist predecessors to al Qaeda had been
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systematically, but detectably, exploiting weaknesses in our
border security since the early 1990s.
(5) Many of the hijackers were potentially vulnerable to
interception by border authorities. Analyzing their characteristic travel documents and travel patterns could have
allowed authorities to intercept some of the hijackers and a
more effective use of information available in government databases could have identified some of the hijackers.
(6) The routine operations of our immigration laws and
the aspects of those laws not specifically aimed at protecting
against terrorism inevitably shaped al Qaeda’s planning and
opportunities.
(7) New insights into terrorist travel gained since September 11, 2001, have not been adequately integrated into
the front lines of border security.
(8) The small classified terrorist travel intelligence collection and analysis program currently in place has produced
useful results and should be expanded.
(b) STRATEGY.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Director of the National
Counterterrorism Center shall submit to Congress unclassified
and classified versions of 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 domestically and
internationally. The report to Congress should include a
description of the actions taken to implement the strategy
and an assessment regarding vulnerabilities within the United
States and foreign travel systems that may be exploited by
international terrorists, human smugglers and traffickers, and
their facilitators.
(2) COORDINATION.—The strategy shall be developed in
coordination with all relevant Federal agencies.
(3) CONTENTS.—The strategy may address—
(A) a program for collecting, analyzing, disseminating,
and utilizing information and intelligence regarding terrorist travel tactics and methods, and outline which Federal
intelligence, diplomatic, and law enforcement agencies will
be held accountable for implementing each element of the
strategy;
(B) the intelligence and law enforcement collection,
analysis, operations, and reporting required to identify and
disrupt terrorist travel tactics, practices, patterns, and
trends, and the terrorist travel facilitators, document
forgers, human smugglers, travel agencies, and corrupt
border and transportation officials who assist terrorists;
(C) the training and training materials required by
consular, border, and immigration officials to effectively
detect and disrupt terrorist travel described under subsection (c)(3);
(D) the new technology and procedures required and
actions to be taken to integrate existing counterterrorist
travel document and mobility intelligence into border security processes, including consular, port of entry, border
patrol, maritime, immigration benefits, and related law
enforcement activities;
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50 USC 404o
note.
Deadline.
Reports.
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(E) the actions required to integrate current terrorist
mobility intelligence into military force protection measures;
(F) the additional assistance to be given to the interagency Human Smuggling and Trafficking Center for purposes of combatting terrorist travel, including further developing and expanding enforcement and operational capabilities that address terrorist travel;
(G) the actions to be taken to aid in the sharing of
information between the frontline border agencies of the
Department of Homeland Security, the Department of
State, and classified and unclassified sources of
counterterrorist travel intelligence and information elsewhere in the Federal Government, including the Human
Smuggling and Trafficking Center;
(H) the development and implementation of procedures
to enable the National Counterterrorism Center, or its
designee, to timely receive terrorist travel intelligence and
documentation obtained at consulates and ports of entry,
and by law enforcement officers and military personnel;
(I) the use of foreign and technical assistance to
advance border security measures and law enforcement
operations against terrorist travel facilitators;
(J) the feasibility of developing a program to provide
each consular, port of entry, and immigration benefits office
with a counterterrorist travel expert trained and authorized
to use the relevant authentication technologies and cleared
to access all appropriate immigration, law enforcement,
and intelligence databases;
(K) the feasibility of digitally transmitting suspect
passport information to a central cadre of specialists, either
as an interim measure until such time as experts described
under subparagraph (J) are available at consular, port
of entry, and immigration benefits offices, or otherwise;
(L) the development of a mechanism to ensure the
coordination and dissemination of terrorist travel intelligence and operational information among the Department
of Homeland Security, the Department of State, the
National Counterterrorism Center, and other appropriate
agencies;
(M) granting consular officers and immigration adjudicators, as appropriate, the security clearances necessary
to access law enforcement sensitive and intelligence databases; and
(N) how to integrate travel document screening for
terrorism indicators into border screening, and how to
integrate the intelligence community into a robust travel
document screening process to intercept terrorists.
(c) FRONTLINE COUNTERTERRORIST TRAVEL TECHNOLOGY AND
TRAINING.—
(1) TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.—
Not later than 180 days after the date of enactment of this
Act, the Secretary of Homeland Security, in conjunction with
the Secretary of State, shall submit to Congress a plan
describing how the Department of Homeland Security and the
Department of State can acquire and deploy, to the maximum
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extent feasible, to all consulates, ports of entry, and immigration benefits offices, technologies that facilitate document
authentication and the detection of potential terrorist indicators
on travel documents. To the extent possible, technologies
acquired and deployed under this plan shall be compatible
with systems used by the Department of Homeland Security
to detect fraudulent documents and identify genuine documents.
(2) CONTENTS OF PLAN.—The plan submitted under paragraph (1) shall—
(A) outline the timetable needed to acquire and deploy
the authentication technologies;
(B) identify the resources required to—
(i) fully disseminate these technologies; and
(ii) train personnel on use of these technologies;
and
(C) address the feasibility of using these technologies
to screen every passport or other documentation described
in section 7209(b) submitted for identification purposes
to a United States consular, border, or immigration official.
(d) TRAINING PROGRAM.—
(1) REVIEW, EVALUATION, AND REVISION OF EXISTING
TRAINING PROGRAMS.—The Secretary of Homeland Security
shall—
(A) review and evaluate the training regarding travel
and identity documents, and techniques, patterns, and
trends associated with terrorist travel that is provided
to personnel of the Department of Homeland Security;
(B) in coordination with the Secretary of State, review
and evaluate the training described in subparagraph (A)
that is provided to relevant personnel of the Department
of State; and
(C) in coordination with the Secretary of State, develop
and implement an initial training and periodic retraining
program—
(i) to teach border, immigration, and consular officials (who inspect or review travel or identity documents as part of their official duties) how to effectively
detect, intercept, and disrupt terrorist travel; and
(ii) to ensure that the officials described in clause
(i) regularly receive the most current information on
such matters and are periodically retrained on the
matters described in paragraph (2).
(2) REQUIRED TOPICS OF REVISED PROGRAMS.—The training
program developed under paragraph (1)(C) shall include
training in—
(A) methods for identifying fraudulent and genuine
travel documents;
(B) methods for detecting terrorist indicators on travel
documents and other relevant identity documents;
(C) recognition of travel patterns, tactics, and behaviors
exhibited by terrorists;
(D) effective utilization of information contained in
databases and data systems available to the Department
of Homeland Security; and
(E) other topics determined to be appropriate by the
Secretary of Homeland Security, in consultation with the
Secretary of State or the Director of National Intelligence.
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8 USC 1776.
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(3) IMPLEMENTATION.—
(A) DEPARTMENT OF HOMELAND SECURITY.—
(i) IN GENERAL.—The Secretary of Homeland Security shall provide all border and immigration officials
who inspect or review travel or identity documents
as part of their official duties with the training
described in paragraph (1)(C).
(ii) REPORT TO CONGRESS.—Not later than 12
months after the date of enactment of this Act, and
annually thereafter for a period of 3 years, the Secretary of Homeland Security shall submit a report
to Congress that—
(I) describes the number of border and
immigration officials who inspect or review
identity documents as part of their official duties,
and the proportion of whom have received the
revised training program described in paragraph
(1)(C)(i);
(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);
(III) provides a timetable for completion of
the training described in paragraph (1)(C)(i) for
those who have not received such training; and
(IV) describes the status of periodic retraining
of appropriate personnel described in paragraph
(1)(C)(ii).
(B) DEPARTMENT OF STATE.—
(i) IN GENERAL.—The Secretary of State shall provide all consular officers who inspect or review travel
or identity documents as part of their official duties
with the training described in paragraph (1)(C).
(ii) REPORT TO CONGRESS.—Not later than 12
months after the date of enactment of this Act, and
annually thereafter for a period of 3 years, the Secretary of State shall submit a report to Congress that—
(I) describes the number of consular officers
who inspect or review travel or identity documents
as part of their official duties, and the proportion
of whom have received the revised training program described in paragraph (1)(C)(i);
(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);
(III) provides a timetable for completion of
the training described in paragraph (1)(C)(i) for
those who have not received such training; and
(IV) describes the status of periodic retraining
of appropriate personnel described in paragraph
(1)(C)(ii).
(4) ASSISTANCE TO OTHERS.—The Secretary of Homeland
Security may assist States, Indian tribes, local governments,
and private organizations to establish training programs related
to terrorist travel intelligence.
(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary for
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each of the fiscal years 2005 through 2009 to carry out the
provisions of this subsection.
(e) ENHANCING CLASSIFIED COUNTERTERRORIST TRAVEL
EFFORTS.—
(1) IN GENERAL.—The Director of National Intelligence shall
significantly increase resources and personnel to the small
classified program that collects and analyzes intelligence on
terrorist travel.
(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this subsection.
SEC. 7202. ESTABLISHMENT OF
FICKING CENTER.
HUMAN
SMUGGLING
AND
TRAF-
(a) ESTABLISHMENT.—There is established a Human Smuggling
and Trafficking Center (referred to in this section as the ‘‘Center’’).
(b) OPERATION.—The Secretary of State, the Secretary of Homeland Security, and the Attorney General shall operate the Center
in accordance with the Memorandum of Understanding entitled,
‘‘Human Smuggling and Trafficking Center (HSTC), Charter’’.
(c) FUNCTIONS.—In addition to such other responsibilities as
the President may assign, the Center shall—
(1) serve as the focal point for interagency efforts to address
terrorist travel;
(2) serve as a clearinghouse with respect to all relevant
information from all Federal Government agencies in support
of the United States strategy to prevent separate, but related,
issues of clandestine terrorist travel and facilitation of migrant
smuggling and trafficking of persons;
(3) ensure cooperation among all relevant policy, law
enforcement, diplomatic, and intelligence agencies of the Federal Government to improve effectiveness and to convert all
information available to the Federal Government relating to
clandestine terrorist travel and facilitation, migrant smuggling,
and trafficking of persons into tactical, operational, and strategic intelligence that can be used to combat such illegal activities; and
(4) prepare and submit to Congress, on an annual basis,
a strategic assessment regarding vulnerabilities in the United
States and foreign travel system that may be exploited by
international terrorists, human smugglers and traffickers, and
their facilitators.
(d) REPORT.—Not later than 180 days after the date of enactment of this Act, the President shall transmit to Congress a report
regarding the implementation of this section, including a description
of the staffing and resource needs of the Center.
(e) RELATIONSHIP TO THE NCTC.—As part of its mission to
combat terrorist travel, the Center shall work to support the efforts
of the National Counterterrorism Center.
50 USC 403–1
note.
8 USC 1777.
Reports.
SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.
(a) INCREASED NUMBER OF CONSULAR OFFICERS.—The Secretary of State, in each of fiscal years 2006 through 2009, may
increase by 150 the number of positions for consular officers above
the number of such positions for which funds were allotted for
the preceding fiscal year.
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Deadline.
22 USC 2656
note.
PUBLIC LAW 108–458—DEC. 17, 2004
(b) LIMITATION ON USE OF FOREIGN NATIONALS FOR VISA
SCREENING.—
(1) IMMIGRANT VISAS.—Section 222(b) of the Immigration
and Nationality Act (8 U.S.C. 1202(b)) is amended by adding
at the end the following: ‘‘All immigrant visa applications shall
be reviewed and adjudicated by a consular officer.’’.
(2) NONIMMIGRANT VISAS.—Section 222(d) of the Immigration and Nationality Act (8 U.S.C. 1202(d)) is amended by
adding at the end the following: ‘‘All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.’’.
(c) TRAINING FOR CONSULAR OFFICERS IN DETECTION OF
FRAUDULENT DOCUMENTS.—Section 305(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a))
is amended by adding at the end the following: ‘‘In accordance
with section 7201(d) of the 9/11 Commission Implementation Act
of 2004, and as part of the consular training provided to such
officers by the Secretary of State, such officers shall also receive
training in detecting fraudulent documents and general document
forensics and shall be required as part of such training to work
with immigration officers conducting inspections of applicants for
admission into the United States at ports of entry.’’.
(d) ASSIGNMENT OF ANTI-FRAUD SPECIALISTS.—
(1) SURVEY REGARDING DOCUMENT FRAUD.—The Secretary
of State, in coordination with the Secretary of Homeland Security, shall conduct a survey of each diplomatic and consular
post at which visas are issued to assess the extent to which
fraudulent documents are presented by visa applicants to consular officers at such posts.
(2) REQUIREMENT FOR SPECIALIST.—
(A) IN GENERAL.—Not later than July 31, 2005, the
Secretary of State, in coordination with the Secretary of
Homeland Security, shall identify the diplomatic and consular posts at which visas are issued that experience the
greatest frequency of presentation of fraudulent documents
by visa applicants. The Secretary of State shall assign
or designate at each such post at least 1 full-time antifraud specialist employed by the Department of State to
assist the consular officers at each such post in the detection of such fraud.
(B) EXCEPTIONS.—The Secretary of State is not
required to assign or designate a specialist under subparagraph (A) at a diplomatic or consular post if an employee
of the Department of Homeland Security, who has sufficient
training and experience in the detection of fraudulent documents, is assigned on a full-time basis to such post under
section 428 of the Homeland Security Act of 2002 (6 U.S.C.
236).
SEC. 7204. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL
TERRORIST TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED DOCUMENTS.
(a) FINDINGS.—Congress makes the following findings:
(1) International terrorists travel across international borders to raise funds, recruit members, train for operations,
escape capture, communicate, and plan and carry out attacks.
(2) The international terrorists who planned and carried
out the attack on the World Trade Center on February 26,
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1993, the attack on the embassies of the United States in
Kenya and Tanzania on August 7, 1998, the attack on the
USS Cole on October 12, 2000, and the attack on the World
Trade Center and the Pentagon on September 11, 2001, traveled
across international borders to plan and carry out these attacks.
(3) The international terrorists who planned other attacks
on the United States, including the plot to bomb New York
City landmarks in 1993, the plot to bomb the New York City
subway in 1997, and the millennium plot to bomb Los Angeles
International Airport on December 31, 1999, traveled across
international borders to plan and carry out these attacks.
(4) Many of the international terrorists who planned and
carried out large-scale attacks against foreign targets, including
the attack in Bali, Indonesia, on October 11, 2002, and the
attack in Madrid, Spain, on March 11, 2004, traveled across
international borders to plan and carry out these attacks.
(5) Throughout the 1990s, international terrorists,
including those involved in the attack on the World Trade
Center on February 26, 1993, the plot to bomb New York
City landmarks in 1993, and the millennium plot to bomb
Los Angeles International Airport on December 31, 1999, traveled on fraudulent passports and often had more than 1 passport.
(6) Two of the September 11, 2001, hijackers were carrying
passports that had been manipulated in a fraudulent manner.
(7) The National Commission on Terrorist Attacks Upon
the United States, (commonly referred to as the 9/11 Commission), stated that ‘‘Targeting travel is at least as powerful
a weapon against terrorists as targeting their money.’’.
(b) INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST TRAVEL.—
(1) INTERNATIONAL AGREEMENT ON LOST, STOLEN, OR FALSIFIED DOCUMENTS.—The President should lead efforts to track
and curtail the travel of terrorists by supporting the drafting,
adoption, and implementation of international agreements, and
relevant United Nations Security Council resolutions to track
and stop international travel by terrorists and other criminals
through the use of lost, stolen, or falsified documents to augment United Nations and other international anti-terrorism
efforts.
(2) CONTENTS OF INTERNATIONAL AGREEMENT.—The President should seek, as appropriate, the adoption or full
implementation of effective international measures to—
(A) share information on lost, stolen, and fraudulent
passports and other travel documents for the purposes
of preventing the undetected travel of persons using such
passports and other travel documents that were obtained
improperly;
(B) establish and implement a real-time verification
system of passports and other travel documents with
issuing authorities;
(C) share with officials at ports of entry in any such
country information relating to lost, stolen, and fraudulent
passports and other travel documents;
(D) encourage countries—
(i) to criminalize—
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(I) the falsification or counterfeiting of travel
documents or breeder documents for any purpose;
(II) the use or attempted use of false documents to obtain a visa or cross a border for any
purpose;
(III) the possession of tools or implements used
to falsify or counterfeit such documents;
(IV) the trafficking in false or stolen travel
documents and breeder documents for any purpose;
(V) the facilitation of travel by a terrorist;
and
(VI) attempts to commit, including conspiracies to commit, the crimes specified in subclauses
(I) through (V);
(ii) to impose significant penalties to appropriately
punish violations and effectively deter the crimes specified in clause (i); and
(iii) to limit the issuance of citizenship papers,
passports, identification documents, and similar documents to persons—
(I) whose identity is proven to the issuing
authority;
(II) who have a bona fide entitlement to or
need for such documents; and
(III) who are not issued such documents principally on account of a disproportional payment
made by them or on their behalf to the issuing
authority;
(E) provide technical assistance to countries to help
them fully implement such measures; and
(F) permit immigration and border officials—
(i) to confiscate a lost, stolen, or falsified passport
at ports of entry;
(ii) to permit the traveler to return to the sending
country without being in possession of the lost, stolen,
or falsified passport; and
(iii) to detain and investigate such traveler upon
the return of the traveler to the sending country.
(3) INTERNATIONAL CIVIL AVIATION ORGANIZATION.—The
United States shall lead efforts to track and curtail the travel
of terrorists by supporting efforts at the International Civil
Aviation Organization to continue to strengthen the security
features of passports and other travel documents.
(c) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, and at least annually thereafter,
the President shall submit to the appropriate congressional
committees a report on progress toward achieving the goals
described in subsection (b).
(2) TERMINATION.—Paragraph (1) shall cease to be effective
when the President certifies to the Committee on International
Relations of the House of Representatives and the Committee
on Foreign Relations of the Senate that the goals described
in subsection (b) have been fully achieved.
President.
Certification.
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SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF
NAMES INTO THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND NAME-BASED
WATCHLIST SYSTEMS.
(a) FINDINGS.—Congress makes the following findings:
(1) The current lack of a single convention for translating
Arabic names enabled some of the 19 hijackers of aircraft
used in the terrorist attacks against the United States that
occurred on September 11, 2001, to vary the spelling of their
names to defeat name-based terrorist watchlist systems and
to make more difficult any potential efforts to locate them.
(2) Although the development and utilization of terrorist
watchlist systems using biometric identifiers will be helpful,
the full development and utilization of such systems will take
several years, and name-based terrorist watchlist systems will
always be useful.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the President should seek to enter into an international agreement
to modernize and improve standards for the transliteration of names
into the Roman alphabet in order to ensure 1 common spelling
for such names for international travel documents and name-based
watchlist systems.
SEC. 7206. IMMIGRATION SECURITY INITIATIVE.
(a) IN GENERAL.—Section 235A(b) of the Immigration and
Nationality Act (8 U.S.C. 1225a(b)) is amended—
(1) in the subsection heading, by inserting ‘‘AND IMMIGRATION SECURITY INITIATIVE’’ after ‘‘PROGRAM’’;
(2) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary
of Homeland Security’’; and
(3) by adding at the end the following: ‘‘Beginning not
later than December 31, 2006, the number of airports selected
for an assignment under this subsection shall be at least 50.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Homeland Security to carry
out the amendments made by subsection (a)—
(1) $25,000,000 for fiscal year 2005;
(2) $40,000,000 for fiscal year 2006; and
(3) $40,000,000 for fiscal year 2007.
SEC. 7207. CERTIFICATION REGARDING
WAIVER PARTICIPANTS.
TECHNOLOGY
FOR
VISA
Deadline.
Deadline.
Not later than October 26, 2006, the Secretary of State shall
certify to Congress which of the countries designated to participate
in the visa waiver program established under section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) are developing
a program to issue to individuals seeking to enter that country
pursuant to a visa issued by that country, a machine readable
visa document that is tamper-resistant and incorporates biometric
identification information that is verifiable at its port of entry.
SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
8 USC 1365b.
(a) FINDING.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
finds that completing a biometric entry and exit data system as
expeditiously as possible is an essential investment in efforts to
protect the United States by preventing the entry of terrorists.
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(b) DEFINITION.—In this section, the term ‘‘entry and exit data
system’’ means the entry and exit system required by applicable
sections of—
(1) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208);
(2) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106–205);
(3) the Visa Waiver Permanent Program Act (Public Law
106–396);
(4) the Enhanced Border Security and Visa Entry Reform
Act of 2002 (Public Law 107–173); and
(5) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107–
56).
(c) PLAN AND REPORT.—
(1) DEVELOPMENT OF PLAN.—The Secretary of Homeland
Security shall develop a plan to accelerate the full implementation of an automated biometric entry and exit data system.
(2) REPORT.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report
to Congress on the plan developed under paragraph (1), which
shall contain—
(A) a description of the current functionality of the
entry and exit data system, including—
(i) a listing of ports of entry and other Department
of Homeland Security and Department of State locations with biometric entry data systems in use and
whether such screening systems are located at primary
or secondary inspection areas;
(ii) a listing of ports of entry and other Department
of Homeland Security and Department of State locations with biometric exit data systems in use;
(iii) a listing of databases and data systems with
which the entry and exit data system are interoperable;
(iv) a description of—
(I) identified deficiencies concerning the
accuracy or integrity of the information contained
in the entry and exit data system;
(II) identified deficiencies concerning technology associated with processing individuals
through the system; and
(III) programs or policies planned or implemented to correct problems identified in subclause
(I) or (II); and
(v) an assessment of the effectiveness of the entry
and exit data system in fulfilling its intended purposes,
including preventing terrorists from entering the
United States;
(B) a description of factors relevant to the accelerated
implementation of the biometric entry and exit data system,
including—
(i) the earliest date on which the Secretary estimates that full implementation of the biometric entry
and exit data system can be completed;
(ii) the actions the Secretary will take to accelerate
the full implementation of the biometric entry and
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exit data system at all ports of entry through which
all aliens must pass that are legally required to do
so; and
(iii) the resources and authorities required to
enable the Secretary to meet the implementation date
described in clause (i);
(C) a description of any improvements needed in the
information technology employed for the biometric entry
and exit data system;
(D) a description of plans for improved or added interoperability with any other databases or data systems; and
(E) a description of the manner in which the Department of Homeland Security’s US-VISIT program—
(i) meets the goals of a comprehensive entry and
exit screening system, including both entry and exit
biometric; and
(ii) fulfills the statutory obligations under subsection (b).
(d) COLLECTION OF BIOMETRIC EXIT DATA.—The entry and exit
data system shall include a requirement for the collection of
biometric exit data for all categories of individuals who are required
to provide biometric entry data, regardless of the port of entry
where such categories of individuals entered the United States.
(e) INTEGRATION AND INTEROPERABILITY.—
(1) INTEGRATION OF DATA SYSTEM.—Not later than 2 years
after the date of enactment of this Act, the Secretary shall
fully integrate all databases and data systems that process
or contain information on aliens, which are maintained by—
(A) the Department of Homeland Security, at—
(i) the United States Immigration and Customs
Enforcement;
(ii) the United States Customs and Border Protection; and
(iii) the United States Citizenship and Immigration
Services;
(B) the Department of Justice, at the Executive Office
for Immigration Review; and
(C) the Department of State, at the Bureau of Consular
Affairs.
(2) INTEROPERABLE COMPONENT.—The fully integrated data
system under paragraph (1) shall be an interoperable component of the entry and exit data system.
(3) INTEROPERABLE DATA SYSTEM.—Not later than 2 years
after the date of enactment of this Act, the Secretary shall
fully implement an interoperable electronic data system, as
required by section 202 of the Enhanced Border Security and
Visa Entry Reform Act (8 U.S.C. 1722) to provide current
and immediate access to information in the databases of Federal
law enforcement agencies and the intelligence community that
is relevant to determine—
(A) whether to issue a visa; or
(B) the admissibility or deportability of an alien.
(f) MAINTAINING ACCURACY AND INTEGRITY OF ENTRY AND EXIT
DATA SYSTEM.—
(1) POLICIES AND PROCEDURES.—
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Deadline.
Deadline.
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President.
Establishment.
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(A) ESTABLISHMENT.—The Secretary of Homeland
Security shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and
updating data maintained in, and adding information to,
the entry and exit data system that ensure the accuracy
and integrity of the data.
(B) TRAINING.—The Secretary shall develop training
on the rules, guidelines, policies, and procedures established under subparagraph (A), and on immigration law
and procedure. All personnel authorized to access information maintained in the databases and data system shall
receive such training.
(2) DATA COLLECTED FROM FOREIGN NATIONALS.—The Secretary of Homeland Security, the Secretary of State, and the
Attorney General, after consultation with directors of the relevant intelligence agencies, shall standardize the information
and data collected from foreign nationals, and the procedures
utilized to collect such data, to ensure that the information
is consistent and valuable to officials accessing that data across
multiple agencies.
(3) DATA MAINTENANCE PROCEDURES.—Heads of agencies
that have databases or data systems linked to the entry and
exit data system shall establish rules, guidelines, policies, and
operating and auditing procedures for collecting, removing, and
updating data maintained in, and adding information to, such
databases or data systems that ensure the accuracy and integrity of the data and for limiting access to the information
in the databases or data systems to authorized personnel.
(4) REQUIREMENTS.—The rules, guidelines, policies, and
procedures established under this subsection shall—
(A) incorporate a simple and timely method for—
(i) correcting errors in a timely and effective
manner;
(ii) determining which government officer provided
data so that the accuracy of the data can be
ascertained; and
(iii) clarifying information known to cause false
hits or misidentification errors;
(B) include procedures for individuals to—
(i) seek corrections of data contained in the databases or data systems; and
(ii) appeal decisions concerning data contained in
the databases or data systems;
(C) strictly limit the agency personnel authorized to
enter data into the system;
(D) identify classes of information to be designated
as temporary or permanent entries, with corresponding
expiration dates for temporary entries; and
(E) identify classes of prejudicial information requiring
additional authority of supervisory personnel before entry.
(5) CENTRALIZING AND STREAMLINING CORRECTION
PROCESS.—
(A) IN GENERAL.—The President, or agency director
designated by the President, shall establish a clearinghouse
bureau in the Department of Homeland Security, to centralize and streamline the process through which members
of the public can seek corrections to erroneous or inaccurate
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information contained in agency databases, which is related
to immigration status, or which otherwise impedes lawful
admission to the United States.
(B) TIME SCHEDULES.—The process described in
subparagraph (A) shall include specific time schedules for
reviewing data correction requests, rendering decisions on
such requests, and implementing appropriate corrective
action in a timely manner.
(g) INTEGRATED BIOMETRIC ENTRY-EXIT SCREENING SYSTEM.—
The biometric entry and exit data system shall facilitate efficient
immigration benefits processing by—
(1) ensuring that the system’s tracking capabilities encompass data related to all immigration benefits processing,
including—
(A) visa applications with the Department of State;
(B) immigration related filings with the Department
of Labor;
(C) cases pending before the Executive Office for
Immigration Review; and
(D) matters pending or under investigation before the
Department of Homeland Security;
(2) utilizing a biometric based identity number tied to
an applicant’s biometric algorithm established under the entry
and exit data system to track all immigration related matters
concerning the applicant;
(3) providing that—
(A) all information about an applicant’s immigration
related history, including entry and exit history, can be
queried through electronic means; and
(B) database access and usage guidelines include stringent safeguards to prevent misuse of data;
(4) providing real-time updates to the information described
in paragraph (3)(A), including pertinent data from all agencies
referred to in paragraph (1); and
(5) providing continuing education in counterterrorism
techniques, tools, and methods for all Federal personnel
employed in the evaluation of immigration documents and
immigration-related policy.
(h) ENTRY-EXIT SYSTEM GOALS.—The Department of Homeland
Security shall operate the biometric entry and exit system so that
it—
(1) serves as a vital counterterrorism tool;
(2) screens travelers efficiently and in a welcoming manner;
(3) provides inspectors and related personnel with adequate
real-time information;
(4) ensures flexibility of training and security protocols
to most effectively comply with security mandates;
(5) integrates relevant databases and plans for database
modifications to address volume increase and database usage;
and
(6) improves database search capacities by utilizing language algorithms to detect alternate names.
(i) DEDICATED SPECIALISTS AND FRONT LINE PERSONNEL
TRAINING.—In implementing the provisions of subsections (g) and
(h), the Department of Homeland Security and the Department
of State shall—
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(1) develop cross-training programs that focus on the scope
and procedures of the entry and exit data system;
(2) provide extensive community outreach and education
on the entry and exit data system’s procedures;
(3) provide clear and consistent eligibility guidelines for
applicants in low-risk traveler programs; and
(4) establish ongoing training modules on immigration law
to improve adjudications at our ports of entry, consulates, and
embassies.
(j) COMPLIANCE STATUS REPORTS.—Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland
Security, the Secretary of State, the Attorney General, and the
head of any other department or agency subject to the requirements
of this section, shall issue individual status reports and a joint
status report detailing the compliance of the department or agency
with each requirement under this section.
(k) EXPEDITING REGISTERED TRAVELERS ACROSS INTERNATIONAL
BORDERS.—
(1) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(A) Expediting the travel of previously screened and
known travelers across the borders of the United States
should be a high priority.
(B) The process of expediting known travelers across
the borders of the United States can permit inspectors
to better focus on identifying terrorists attempting to enter
the United States.
(2) DEFINITION.—In this subsection, the term ‘‘registered
traveler program’’ means any program designed to expedite
the travel of previously screened and known travelers across
the borders of the United States.
(3) REGISTERED TRAVEL PROGRAM.—
(A) IN GENERAL.—As soon as is practicable, the Secretary shall develop and implement a registered traveler
program to expedite the processing of registered travelers
who enter and exit the United States.
(B) PARTICIPATION.—The registered traveler program
shall include as many participants as practicable by—
(i) minimizing the cost of enrollment;
(ii) making program enrollment convenient and
easily accessible; and
(iii) providing applicants with clear and consistent
eligibility guidelines.
(C) INTEGRATION.—The registered traveler program
shall be integrated into the automated biometric entry
and exit data system described in this section.
(D) REVIEW AND EVALUATION.—In developing the registered traveler program, the Secretary shall—
(i) review existing programs or pilot projects
designed to expedite the travel of registered travelers
across the borders of the United States;
(ii) evaluate the effectiveness of the programs
described in clause (i), the costs associated with such
programs, and the costs to travelers to join such programs;
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(iii) increase research and development efforts to
accelerate the development and implementation of a
single registered traveler program; and
(iv) review the feasibility of allowing participants
to enroll in the registered traveler program at consular
offices.
(4) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a
report describing the Department’s progress on the development
and implementation of the registered traveler program.
(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary, for each of the fiscal years
2005 through 2009, such sums as may be necessary to carry out
the provisions of this section.
SEC. 7209. TRAVEL DOCUMENTS.
8 USC 1185 note.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) Existing procedures allow many individuals to enter
the United States by showing minimal identification or without
showing any identification.
(2) The planning for the terrorist attacks of September
11, 2001, demonstrates that terrorists study and exploit United
States vulnerabilities.
(3) Additional safeguards are needed to ensure that terrorists cannot enter the United States.
(b) PASSPORTS.—
(1) DEVELOPMENT OF PLAN.—The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
develop and implement a plan as expeditiously as possible
to require a passport or other document, or combination of
documents, deemed by the Secretary of Homeland Security
to be sufficient to denote identity and citizenship, for all travel
into the United States by United States citizens and by categories of individuals for whom documentation requirements
have previously been waived under section 212(d)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)). This
plan shall be implemented not later than January 1, 2008,
and shall seek to expedite the travel of frequent travelers,
including those who reside in border communities, and in doing
so, shall make readily available a registered traveler program
(as described in section 7208(k)).
(2) REQUIREMENT TO PRODUCE DOCUMENTATION.—The plan
developed under paragraph (1) shall require all United States
citizens, and categories of individuals for whom documentation
requirements have previously been waived under section
212(d)(4)(B) of such Act, to carry and produce the documentation described in paragraph (1) when traveling from foreign
countries into the United States.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—After the complete implementation of the plan described in subsection (b)—
(1) neither the Secretary of State nor the Secretary of
Homeland Security may exercise discretion under section
212(d)(4)(B) of such Act to waive documentary requirements
for travel into the United States; and
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(2) the President may not exercise discretion under section
215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary
requirements for United States citizens departing from or
entering, or attempting to depart from or enter, the United
States except—
(A) where the Secretary of Homeland Security determines that the alternative documentation that is the basis
for the waiver of the documentary requirement is sufficient
to denote identity and citizenship;
(B) in the case of an unforeseen emergency in individual cases; or
(C) in the case of humanitarian or national interest
reasons in individual cases.
(d) TRANSIT WITHOUT VISA PROGRAM.—The Secretary of State
shall not use any authorities granted under section 212(d)(4)(C)
of such Act until the Secretary, in conjunction with the Secretary
of Homeland Security, completely implements a security plan to
fully ensure secure transit passage areas to prevent aliens proceeding in immediate and continuous transit through the United
States from illegally entering the United States.
SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED
PREINSPECTION AT FOREIGN AIRPORTS.
8 USC 1225a
note.
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(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) The exchange of terrorist information with other countries, consistent with privacy requirements, along with listings
of lost and stolen passports, will have immediate security benefits.
(2) The further away from the borders of the United States
that screening occurs, the more security benefits the United
States will gain.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Federal Government should exchange terrorist
information with trusted allies;
(2) the Federal Government should move toward real-time
verification of passports with issuing authorities;
(3) where practicable, the Federal Government should conduct screening before a passenger departs on a flight destined
for the United States;
(4) the Federal Government should work with other countries to ensure effective inspection regimes at all airports;
(5) the Federal Government should work with other countries to improve passport standards and provide foreign assistance to countries that need help making the transition to
the global standard for identification; and
(6) the Department of Homeland Security, in coordination
with the Department of State and other Federal agencies,
should implement the initiatives called for in this subsection.
(c) REPORT REGARDING THE EXCHANGE OF TERRORIST INFORMATION.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary of State and the Secretary of Homeland Security, working with other Federal agencies, shall submit to the appropriate committees of Congress
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a report on Federal efforts to collaborate with allies of the
United States in the exchange of terrorist information.
(2) CONTENTS.—The report shall outline—
(A) strategies for increasing such collaboration and
cooperation;
(B) progress made in screening passengers before their
departure to the United States; and
(C) efforts to work with other countries to accomplish
the goals described under this section.
(d) PREINSPECTION AT FOREIGN AIRPORTS.—
(1) IN GENERAL.—Section 235A(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1225a(a)(4)) is amended to read
as follows:
‘‘(4) Subject to paragraph (5), not later than January 1,
2008, the Secretary of Homeland Security, in consultation with
the Secretary of State, shall establish preinspection stations
in at least 25 additional foreign airports, which the Secretary
of Homeland Security, in consultation with the Secretary of
State, determines, based on the data compiled under paragraph
(3) and such other information as may be available, would
most effectively facilitate the travel of admissible aliens and
reduce the number of inadmissible aliens, especially aliens
who are potential terrorists, who arrive from abroad by air
at points of entry within the United States. Such preinspection
stations shall be in addition to those established before September 30, 1996, or pursuant to paragraph (1).’’.
(2) REPORT.—Not later than June 30, 2006, the Secretary
of Homeland Security and the Secretary of State shall submit
a report on the progress being made in implementing the
amendment made by paragraph (1) to—
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on the Judiciary of the House of
Representatives;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on International Relations of the
House of Representatives;
(E) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(F) the Select Committee on Homeland Security of
the House of Representatives (or any successor committee).
SEC. 7211. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
Deadline.
Establishment.
5 USC 301 note.
(a) DEFINITION.—In this section, the term ‘‘birth certificate’’
means a certificate of birth—
(1) for an individual (regardless of where born)—
(A) who is a citizen or national of the United States
at birth; and
(B) whose birth is registered in the United States;
and
(2) that—
(A) is issued by a Federal, State, or local government
agency or authorized custodian of record and produced
from birth records maintained by such agency or custodian
of record; or
(B) is an authenticated copy, issued by a Federal, State,
or local government agency or authorized custodian of
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record, of an original certificate of birth issued by such
agency or custodian of record.
(b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.—
(1) IN GENERAL.—Beginning 2 years after the promulgation
of minimum standards under paragraph (3), no Federal agency
may accept a birth certificate for any official purpose unless
the certificate conforms to such standards.
(2) STATE CERTIFICATION.—
(A) IN GENERAL.—Each State shall certify to the Secretary of Health and Human Services that the State is
in compliance with the requirements of this section.
(B) FREQUENCY.—Certifications under subparagraph
(A) shall be made at such intervals and in such a manner
as the Secretary of Health and Human Services, with the
concurrence of the Secretary of Homeland Security and
the Commissioner of Social Security, may prescribe by regulation.
(C) COMPLIANCE.—Each State shall ensure that units
of local government and other authorized custodians of
records in the State comply with this section.
(D) AUDITS.—The Secretary of Health and Human
Services may conduct periodic audits of each State’s compliance with the requirements of this section.
(3) MINIMUM STANDARDS.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Health and
Human Services shall by regulation establish minimum standards for birth certificates for use by Federal agencies for official
purposes that—
(A) at a minimum, shall require certification of the
birth certificate by the State or local government custodian
of record that issued the certificate, and shall require the
use of safety paper or an alternative, equally secure
medium, the seal of the issuing custodian of record, and
other features designed to prevent tampering, counterfeiting, or otherwise duplicating the birth certificate for
fraudulent purposes;
(B) shall establish requirements for proof and
verification of identity as a condition of issuance of a birth
certificate, with additional security measures for the
issuance of a birth certificate for a person who is not
the applicant;
(C) shall establish standards for the processing of birth
certificate applications to prevent fraud;
(D) may not require a single design to which birth
certificates issued by all States must conform; and
(E) shall accommodate the differences between the
States in the manner and form in which birth records
are stored and birth certificates are produced from such
records.
(4) CONSULTATION WITH GOVERNMENT AGENCIES.—In
promulgating the standards required under paragraph (3), the
Secretary of Health and Human Services shall consult with—
(A) the Secretary of Homeland Security;
(B) the Commissioner of Social Security;
(C) State vital statistics offices; and
(D) other appropriate Federal agencies.
Effective date.
Deadline.
Regulations.
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(5) EXTENSION OF EFFECTIVE DATE.—The Secretary of
Health and Human Services may extend the date specified
under paragraph (1) for up to 2 years for birth certificates
issued by a State if the Secretary determines that the State
made reasonable efforts to comply with the date under paragraph (1) but was unable to do so.
(c) GRANTS TO STATES.—
(1) ASSISTANCE IN MEETING FEDERAL STANDARDS.—
(A) IN GENERAL.—Beginning on the date a final regulation is promulgated under subsection (b)(3), the Secretary
of Health and Human Services shall award grants to States
to assist them in conforming to the minimum standards
for birth certificates set forth in the regulation.
(B) ALLOCATION OF GRANTS.—The Secretary shall
award grants to States under this paragraph based on
the proportion that the estimated average annual number
of birth certificates issued by a State applying for a grant
bears to the estimated average annual number of birth
certificates issued by all States.
(C) MINIMUM ALLOCATION.—Notwithstanding subparagraph (B), each State shall receive not less than 0.5 percent
of the grant funds made available under this paragraph.
(2) ASSISTANCE IN MATCHING BIRTH AND DEATH RECORDS.—
(A) IN GENERAL.—The Secretary of Health and Human
Services, in coordination with the Commissioner of Social
Security and other appropriate Federal agencies, shall
award grants to States, under criteria established by the
Secretary, to assist States in—
(i) computerizing their birth and death records;
(ii) developing the capability to match birth and
death records within each State and among the States;
and
(iii) noting the fact of death on the birth certificates
of deceased persons.
(B) ALLOCATION OF GRANTS.—The Secretary shall
award grants to qualifying States under this paragraph
based on the proportion that the estimated annual average
number of birth and death records created by a State
applying for a grant bears to the estimated annual average
number of birth and death records originated by all States.
(C) MINIMUM ALLOCATION.—Notwithstanding subparagraph (B), each State shall receive not less than 0.5 percent
of the grant funds made available under this paragraph.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for each of the fiscal years
2005 through 2009 such sums as may be necessary to carry out
this section.
(e) TECHNICAL AND CONFORMING AMENDMENT.—Section 656 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (5 U.S.C. 301 note) is repealed.
SEC. 7212. DRIVER’S
CARDS.
LICENSES
AND
PERSONAL
IDENTIFICATION
Effective date.
49 USC 30301
note.
(a) DEFINITIONS.—In this section:
(1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means
a motor vehicle operator’s license as defined in section 30301(5)
of title 49, United States Code.
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(2) PERSONAL IDENTIFICATION CARD.—The term ‘‘personal
identification card’’ means an identification document (as
defined in section 1028(d)(3) of title 18, United States Code)
issued by a State.
(b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES.—
(1) IN GENERAL.—
(A) LIMITATION ON ACCEPTANCE.—No Federal agency
may accept, for any official purpose, a driver’s license or
personal identification card newly issued by a State more
than 2 years after the promulgation of the minimum standards under paragraph (2) unless the driver’s license or
personal identification card conforms to such minimum
standards.
(B) DATE FOR CONFORMANCE.—The Secretary of
Transportation, in consultation with the Secretary of Homeland Security, shall establish a date after which no driver’s
license or personal identification card shall be accepted
by a Federal agency for any official purpose unless such
driver’s license or personal identification card conforms
to the minimum standards established under paragraph
(2). The date shall be as early as the Secretary determines
it is practicable for the States to comply with such date
with reasonable efforts.
(C) STATE CERTIFICATION.—
(i) IN GENERAL.—Each State shall certify to the
Secretary of Transportation that the State is in compliance with the requirements of this section.
(ii) FREQUENCY.—Certifications under clause (i)
shall be made at such intervals and in such a manner
as the Secretary of Transportation, with the concurrence of the Secretary of Homeland Security, may prescribe by regulation.
(iii) AUDITS.—The Secretary of Transportation may
conduct periodic audits of each State’s compliance with
the requirements of this section.
(2) MINIMUM STANDARDS.—Not later than 18 months after
the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security,
shall by regulation, establish minimum standards for driver’s
licenses or personal identification cards issued by a State for
use by Federal agencies for identification purposes that shall
include—
(A) standards for documentation required as proof of
identity of an applicant for a driver’s license or personal
identification card;
(B) standards for the verifiability of documents used
to obtain a driver’s license or personal identification card;
(C) standards for the processing of applications for
driver’s licenses and personal identification cards to prevent
fraud;
(D) standards for information to be included on each
driver’s license or personal identification card, including—
(i) the person’s full legal name;
(ii) the person’s date of birth;
(iii) the person’s gender;
(iv) the person’s driver’s license or personal identification card number;
Deadline.
Regulations.
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(v) a digital photograph of the person;
(vi) the person’s address of principal residence;
and
(vii) the person’s signature;
(E) standards for common machine-readable identity
information to be included on each driver’s license or personal identification card, including defined minimum data
elements;
(F) security standards to ensure that driver’s licenses
and personal identification cards are—
(i) resistant to tampering, alteration, or counterfeiting; and
(ii) capable of accommodating and ensuring the
security of a digital photograph or other unique identifier; and
(G) a requirement that a State confiscate a driver’s
license or personal identification card if any component
or security feature of the license or identification card
is compromised.
(3) CONTENT OF REGULATIONS.—The regulations required
by paragraph (2)—
(A) shall facilitate communication between the chief
driver licensing official of a State, an appropriate official
of a Federal agency and other relevant officials, to verify
the authenticity of documents, as appropriate, issued by
such Federal agency or entity and presented to prove the
identity of an individual;
(B) may not infringe on a State’s power to set criteria
concerning what categories of individuals are eligible to
obtain a driver’s license or personal identification card
from that State;
(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes with
the full enforcement of State criteria concerning the categories of individuals that are eligible to obtain a driver’s
license or personal identification card from that State;
(D) may not require a single design to which driver’s
licenses or personal identification cards issued by all States
must conform; and
(E) shall include procedures and requirements to protect the privacy rights of individuals who apply for and
hold driver’s licenses and personal identification cards.
(4) NEGOTIATED RULEMAKING.—
(A) IN GENERAL.—Before publishing the proposed regulations required by paragraph (2) to carry out this title,
the Secretary of Transportation shall establish a negotiated
rulemaking process pursuant to subchapter IV of chapter
5 of title 5, United States Code (5 U.S.C. 561 et seq.).
(B) REPRESENTATION ON NEGOTIATED RULEMAKING
COMMITTEE.—Any negotiated rulemaking committee established by the Secretary of Transportation pursuant to
subparagraph (A) shall include representatives from—
(i) among State offices that issue driver’s licenses
or personal identification cards;
(ii) among State elected officials;
(iii) the Department of Homeland Security; and
(iv) among interested parties.
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(C) TIME REQUIREMENT.—The process described in
subparagraph (A) shall be conducted in a timely manner
to ensure that—
(i) any recommendation for a proposed rule or
report is provided to the Secretary of Transportation
not later than 9 months after the date of enactment
of this Act and shall include an assessment of the
benefits and costs of the recommendation; and
(ii) a final rule is promulgated not later than 18
months after the date of enactment of this Act.
(c) GRANTS TO STATES.—
(1) ASSISTANCE IN MEETING FEDERAL STANDARDS.—Beginning on the date a final regulation is promulgated under subsection (b)(2), the Secretary of Transportation shall award
grants to States to assist them in conforming to the minimum
standards for driver’s licenses and personal identification cards
set forth in the regulation.
(2) ALLOCATION OF GRANTS.—The Secretary of Transportation shall award grants to States under this subsection based
on the proportion that the estimated average annual number
of driver’s licenses and personal identification cards issued
by a State applying for a grant bears to the average annual
number of such documents issued by all States.
(3) MINIMUM ALLOCATION.—Notwithstanding paragraph (2),
each State shall receive not less than 0.5 percent of the grant
funds made available under this subsection.
(d) EXTENSION OF EFFECTIVE DATE.—The Secretary of
Transportation may extend the date specified under subsection
(b)(1)(A) for up to 2 years for driver’s licenses issued by a State
if the Secretary determines that the State made reasonable efforts
to comply with the date under such subsection but was unable
to do so.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Transportation for each
of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section.
Effective date.
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PUBLIC LAW 108–458—DEC. 17, 2004
42 USC 405 note.
SEC. 7213. SOCIAL SECURITY CARDS AND NUMBERS.
Deadlines.
(a) SECURITY ENHANCEMENTS.—The Commissioner of Social
Security shall—
(1) not later than 1 year after the date of enactment of
this Act—
(A) restrict the issuance of multiple replacement social
security cards to any individual to 3 per year and 10
for the life of the individual, except that the Commissioner
may allow for reasonable exceptions from the limits under
this paragraph on a case-by-case basis in compelling circumstances;
(B) establish minimum standards for the verification
of documents or records submitted by an individual to
establish eligibility for an original or replacement social
security card, other than for purposes of enumeration at
birth; and
(C) require independent verification of any birth record
submitted by an individual to establish eligibility for a
social security account number, other than for purposes
of enumeration at birth, except that the Commissioner
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may allow for reasonable exceptions from the requirement
for independent verification under this subparagraph on
a case by case basis in compelling circumstances; and
(2) notwithstanding section 205(r) of the Social Security
Act (42 U.S.C. 405(r)) and any agreement entered into thereunder, not later than 18 months after the date of enactment
of this Act with respect to death indicators and not later than
36 months after the date of enactment of this Act with respect
to fraud indicators, add death and fraud indicators to the
social security number verification systems for employers, State
agencies issuing driver’s licenses and identity cards, and other
verification routines that the Commissioner determines to be
appropriate.
(b) INTERAGENCY SECURITY TASK FORCE.—The Commissioner
of Social Security, in consultation with the Secretary of Homeland
Security, shall form an interagency task force for the purpose of
further improving the security of social security cards and numbers.
Not later than 18 months after the date of enactment of this
Act, the task force shall establish, and the Commissioner shall
provide for the implementation of, security requirements,
including—
(1) standards for safeguarding social security cards from
counterfeiting, tampering, alteration, and theft;
(2) requirements for verifying documents submitted for the
issuance of replacement cards; and
(3) actions to increase enforcement against the fraudulent
use or issuance of social security numbers and cards.
(c) ENUMERATION AT BIRTH.—
(1) IMPROVEMENT OF APPLICATION PROCESS.—As soon as
practicable after the date of enactment of this Act, the Commissioner of Social Security shall undertake to make improvements
to the enumeration at birth program for the issuance of social
security account numbers to newborns. Such improvements
shall be designed to prevent—
(A) the assignment of social security account numbers
to unnamed children;
(B) the issuance of more than 1 social security account
number to the same child; and
(C) other opportunities for fraudulently obtaining a
social security account number.
(2) REPORT TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Commissioner shall
transmit to each House of Congress a report specifying in
detail the extent to which the improvements required under
paragraph (1) have been made.
(d) STUDY REGARDING PROCESS FOR ENUMERATION AT BIRTH.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Commissioner of Social Security
shall conduct a study to determine the most efficient options
for ensuring the integrity of the process for enumeration at
birth. This study shall include an examination of available
methods for reconciling hospital birth records with birth registrations submitted to agencies of States and political subdivisions thereof and with information provided to the Commissioner as part of the process for enumeration at birth.
(2) REPORT.—
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Establishment.
Deadline.
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PUBLIC LAW 108–458—DEC. 17, 2004
(A) IN GENERAL.—Not later than 18 months after the
date of enactment of this Act, the Commissioner shall
submit a report to the Committee on Ways and Means
of the House of Representatives and the Committee on
Finance of the Senate regarding the results of the study
conducted under paragraph (1).
(B) CONTENTS.—The report submitted under subparagraph (A) shall contain such recommendations for legislative changes as the Commissioner considers necessary to
implement needed improvements in the process for
enumeration at birth.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Commissioner of Social Security for each
of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section.
SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY
ACCOUNT NUMBERS ON DRIVER’S LICENSES OR MOTOR
VEHICLE REGISTRATIONS.
42 USC 405 note.
6 USC 123.
(a) IN GENERAL.—Section 205(c)(2)(C)(vi) of the Social Security
Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended—
(1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and
(2) by adding at the end the following new subclause:
‘‘(II) Any State or political subdivision thereof (and any person
acting as an agent of such an agency or instrumentality), in the
administration of any driver’s license or motor vehicle registration
law within its jurisdiction, may not display a social security account
number issued by the Commissioner of Social Security (or any
derivative of such number) on any driver’s license, motor vehicle
registration, or personal identification card (as defined in section
7212(a)(2) of the 9/11 Commission Implementation Act of 2004),
or include, on any such license, registration, or personal identification card, a magnetic strip, bar code, or other means of communication which conveys such number (or derivative thereof).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection
(a)(2) shall apply with respect to licenses, registrations, and identification cards issued or reissued 1 year after the date of enactment
of this Act.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Commissioner of Social Security for each
of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section.
SEC. 7215. TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security, in consultation with the
Director of the National Counterterrorism Center, and consistent
with the strategy developed under section 7201, shall establish
a program to oversee the implementation of the Department’s
responsibilities with respect to terrorist travel, including the analysis, coordination, and dissemination of terrorist travel intelligence
and operational information—
(1) among appropriate subdivisions of the Department of
Homeland Security, including—
(A) the Bureau of Customs and Border Protection;
(B) United States Immigration and Customs Enforcement;
(C) United States Citizenship and Immigration Services;
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(D) the Transportation Security Administration; and
(E) any other subdivision, as determined by the Secretary; and
(2) between the Department of Homeland Security and
other appropriate Federal agencies.
SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED
ACTIVITY.
Section 1028(b)(4) of title 18, United States Code, is amended
by striking ‘‘25 years’’ and inserting ‘‘30 years’’.
SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
(a) IN GENERAL.—Not later than May 31, 2005, the Secretary
of State, in consultation with the Secretary of Homeland Security,
shall submit a report, containing the results of a study on the
subjects described in subsection (b), to—
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on the Judiciary of the House of Representatives;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on International Relations of the House
of Representatives;
(5) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(6) the Select Committee on Homeland Security of the
House of Representatives (or any successor committee).
(b) CONTENTS.—The study referred to in subsection (a) shall
examine the feasibility, cost, potential benefits, and relative importance to the objectives of tracking suspected terrorists’ travel, and
apprehending suspected terrorists, of establishing a system, in
coordination with other countries, through which border and visa
issuance officials have access in real-time to information on newly
issued passports to persons whose previous passports were allegedly
lost or stolen.
(c) INCENTIVES.—The study described in subsection (b) shall
make recommendations on incentives that might be offered to
encourage foreign nations to participate in the initiatives described
in subsection (b).
Deadline.
SEC. 7218. ESTABLISHMENT OF VISA AND PASSPORT SECURITY PROGRAM IN THE DEPARTMENT OF STATE.
22 USC 4807.
(a) ESTABLISHMENT.—There is established, within the Bureau
of Diplomatic Security of the Department of State, the Visa and
Passport Security Program (in this section referred to as the ‘‘Program’’).
(b) PREPARATION OF STRATEGIC PLAN.—
(1) IN GENERAL.—The Assistant Secretary for Diplomatic
Security, in coordination with the appropriate officials of the
Bureau
of
Consular
Affairs,
the
coordinator
for
counterterrorism, the National Counterterrorism Center, and
the Department of Homeland Security, and consistent with
the strategy mandated by section 7201, shall ensure the
preparation of a strategic plan to target and disrupt individuals
and organizations, within the United States and in foreign
countries, that are involved in the fraudulent production, distribution, use, or other similar activity—
(A) of a United States visa or United States passport;
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PUBLIC LAW 108–458—DEC. 17, 2004
(B) of documents intended to help fraudulently procure
a United States visa or United States passport, or other
documents intended to gain unlawful entry into the United
States; or
(C) of passports and visas issued by foreign countries
intended to gain unlawful entry into the United States.
(2) EMPHASIS.—The strategic plan shall—
(A) focus particular emphasis on individuals and
organizations that may have links to domestic terrorist
organizations or foreign terrorist organizations (as such
term is defined in section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189));
(B) require the development of a strategic training
course under the Antiterrorism Assistance Training (ATA)
program of the Department of State (or any successor or
related program) under chapter 8 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or other
relevant provisions of law) to train participants in the
identification of fraudulent documents and the forensic
detection of such documents which may be used to obtain
unlawful entry into the United States; and
(C) determine the benefits and costs of providing technical assistance to foreign governments to ensure the security of passports, visas, and related documents and to investigate, arrest, and prosecute individuals who facilitate
travel by the creation of false passports and visas, documents to obtain such passports and visas, and other types
of travel documents.
(c) PROGRAM.—
(1) INDIVIDUAL IN CHARGE.—
(A) DESIGNATION.—The Assistant Secretary for Diplomatic Security shall designate an individual to be in charge
of the Program.
(B) QUALIFICATION.—The individual designated under
subparagraph (A) shall have expertise and experience in
the investigation and prosecution of visa and passport
fraud.
(2) PROGRAM COMPONENTS.—The Program shall include the
following:
(A) ANALYSIS OF METHODS.—Analyze, in coordination
with other appropriate government agencies, methods used
by terrorists to travel internationally, particularly the use
of false or altered travel documents to illegally enter foreign
countries and the United States, and consult with the
Bureau of Consular Affairs and the Secretary of Homeland
Security on recommended changes to the visa issuance
process that could combat such methods, including the
introduction of new technologies into such process.
(B) IDENTIFICATION OF INDIVIDUALS AND DOCUMENTS.—
Identify, in cooperation with the Human Trafficking and
Smuggling Center, individuals who facilitate travel by the
creation of false passports and visas, documents used to
obtain such passports and visas, and other types of travel
documents, and ensure that the appropriate agency is notified for further investigation and prosecution or, in the
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case of such individuals abroad for which no further investigation or prosecution is initiated, ensure that all appropriate information is shared with foreign governments in
order to facilitate investigation, arrest, and prosecution
of such individuals.
(C) IDENTIFICATION OF FOREIGN COUNTRIES NEEDING
ASSISTANCE.—Identify foreign countries that need technical
assistance, such as law reform, administrative reform, prosecutorial training, or assistance to police and other investigative services, to ensure passport, visa, and related document security and to investigate, arrest, and prosecute
individuals who facilitate travel by the creation of false
passports and visas, documents used to obtain such passports and visas, and other types of travel documents.
(D) INSPECTION OF APPLICATIONS.—Randomly inspect
visa and passport applications for accuracy, efficiency, and
fraud, especially at high terrorist threat posts, in order
to prevent a recurrence of the issuance of visas to those
who submit incomplete, fraudulent, or otherwise irregular
or incomplete applications.
(d) REPORT.—Not later than 90 days after the date on which
the strategy required under section 7201 is submitted to Congress,
the Assistant Secretary for Diplomatic Security shall submit to
Congress a report containing—
(1) a description of the strategic plan prepared under subsection (b); and
(2) an evaluation of the feasibility of establishing civil
service positions in field offices of the Bureau of Diplomatic
Security to investigate visa and passport fraud, including an
evaluation of whether to allow diplomatic security agents to
convert to civil service officers to fill such positions.
SEC. 7219. EFFECTIVE DATE.
8 USC 1202 note.
Notwithstanding any other provision of this Act, this subtitle
shall take effect on the date of enactment of this Act.
SEC. 7220. IDENTIFICATION STANDARDS.
(a) PROPOSED STANDARDS.—
(1) IN GENERAL.—The Secretary of Homeland Security—
(A) shall propose minimum standards for identification
documents required of domestic commercial airline passengers for boarding an aircraft; and
(B) may, from time to time, propose minimum standards amending or replacing standards previously proposed
and transmitted to Congress and approved under this section.
(2) SUBMISSION TO CONGRESS.—Not later than 6 months
after the date of enactment of this Act, the Secretary shall
submit the standards under paragraph (1)(A) to the Senate
and the House of Representatives on the same day while each
House is in session.
(3) EFFECTIVE DATE.—Any proposed standards submitted
to Congress under this subsection shall take effect when an
approval resolution is passed by the House and the Senate
under the procedures described in subsection (b) and becomes
law.
(b) CONGRESSIONAL APPROVAL PROCEDURES.—
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49 USC 44901
note.
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(1) RULEMAKING POWER.—This subsection is enacted by
Congress—
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively, and
as such they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the procedure to be followed in that House in the case of such
approval resolutions; and it supersedes other rules only
to the extent that they are inconsistent therewith; and
(B) with full recognition of the constitutional right
of either House to change the rules (so far as relating
to the procedure of that House) at any time, in the same
manner and to the same extent as in the case of any
other rule of that House.
(2) APPROVAL RESOLUTION.—For the purpose of this subsection, the term ‘‘approval resolution’’ means a joint resolution
of Congress, the matter after the resolving clause of which
is as follows: ‘‘That the Congress approves the proposed standards issued under section 7220 of the 9/11 Commission
Implementation Act of 2004, transmitted by the President to
the Congress on llllll’’, the blank space being filled
in with the appropriate date.
(3) INTRODUCTION.—Not later than the first day of session
following the day on which proposed standards are transmitted
to the House of Representatives and the Senate under subsection (a), an approval resolution—
(A) shall be introduced (by request) in the House by
the Majority Leader of the House of Representatives, for
himself or herself and the Minority Leader of the House
of Representatives, or by Members of the House of Representatives designated by the Majority Leader and
Minority Leader of the House; and
(B) shall be introduced (by request) in the Senate by
the Majority Leader of the Senate, for himself or herself
and the Minority Leader of the Senate, or by Members
of the Senate designated by the Majority Leader and
Minority Leader of the Senate.
(4) PROHIBITIONS.—
(A) AMENDMENTS.—No amendment to an approval
resolution shall be in order in either the House of Representatives or the Senate.
(B) MOTIONS TO SUSPEND.—No motion to suspend the
application of this paragraph shall be in order in either
House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this paragraph by unanimous consent.
(5) REFERRAL.—
(A) IN GENERAL.—An approval resolution shall be
referred to the committees of the House of Representatives
and of the Senate with jurisdiction. Each committee shall
make its recommendations to the House of Representatives
or the Senate, as the case may be, within 45 days after
its introduction. Except as provided in subparagraph (B),
if a committee to which an approval resolution has been
referred has not reported it at the close of the 45th day
Deadline.
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after its introduction, such committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar.
(B) FINAL PASSAGE.—A vote on final passage of the
resolution shall be taken in each House on or before the
close of the 15th day after the resolution is reported by
the committee or committees of that House to which it
was referred, or after such committee or committees have
been discharged from further consideration of the resolution.
(C) COMPUTATION OF DAYS.—For purposes of this paragraph, in computing a number of days in either House,
there shall be excluded any day on which that House
is not in session.
(6) COORDINATION WITH ACTION OF OTHER HOUSE.—If prior
to the passage by one House of an approval resolution of that
House, that House receives the same approval resolution from
the other House, then the procedure in that House shall be
the same as if no approval resolution has been received from
the other House, but the vote on final passage shall be on
the approval resolution of the other House.
(7) FLOOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.—
(A) MOTION TO PROCEED.—A motion in the House of
Representatives to proceed to the consideration of an
approval resolution shall be highly privileged and not
debatable. An amendment to the motion shall not be in
order, not shall it be in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(B) DEBATE.—Debate in the House of Representatives
on an implementing bill or approval resolution shall be
limited to not more than 4 hours, which shall be divided
equally between those favoring and those opposing the
resolution. A motion to further limit debate shall not be
debatable. It shall not be in order to move to recommit
an approval resolution or to move to reconsider the vote
by which an approval resolution is agreed to or disagreed
to.
(C) MOTION TO POSTPONE.—Motions to postpone made
in the House of Representatives with respect to the consideration of an approval resolution and motions to proceed
to the consideration of other business shall be decided
without debate.
(D) APPEALS.—All appeals from the decisions of the
Chair relating to the application of the Rules of the House
of Representatives to the procedure relating to an approval
resolution shall be decided without debate.
(E) RULES OF THE HOUSE OF REPRESENTATIVES.—Except
to the extent specifically provided in subparagraphs (A)
through (D), consideration of an approval resolution shall
be governed by the Rules of the House of Representatives
applicable to other resolutions in similar circumstances.
(8) FLOOR CONSIDERATION IN THE SENATE.—
(A) MOTION TO PROCEED.—A motion in the Senate to
proceed to the consideration of an approval resolution shall
be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order
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Deadline.
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to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(B) DEBATE ON RESOLUTION.—Debate in the Senate
on an approval resolution, and appeals in connection therewith, shall be limited to not more than 10 hours, which
shall be equally divided between, and controlled by, the
Majority Leader and the Minority Leader, or their designees.
(C) DEBATE ON MOTIONS AND APPEALS.—Debate in the
Senate on any debatable motion or appeal in connection
with an approval resolution shall be limited to not more
than 1 hour, which shall be equally divided between, and
controlled by, the mover and the manager of the resolution,
except that in the event the manager of the resolution
is in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the Minority
Leader or designee. Such leaders, or either of them, may,
from time under their control on the passage of an approval
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(D) LIMIT ON DEBATE.—A motion in the Senate to further limit debate is not debatable. A motion to recommit
an approval resolution is not in order.
(c) DEFAULT STANDARDS.—
(1) IN GENERAL.—If the standards proposed under subsection (a)(1)(A) are not approved pursuant to the procedures
described in subsection (b), then not later than 1 year after
rejection by a vote of either House of Congress, domestic
commercial airline passengers seeking to board an aircraft shall
present, for identification purposes—
(A) a valid, unexpired passport;
(B) domestically issued documents that the Secretary
of Homeland Security designates as reliable for identification purposes;
(C) any document issued by the Attorney General or
the Secretary of Homeland Security under the authority
of 1 of the immigration laws (as defined under section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)); or
(D) a document issued by the country of nationality
of any alien not required to possess a passport for admission to the United States that the Secretary designates
as reliable for identifications purposes
(2) EXCEPTION.—The documentary requirements described
in paragraph (1)—
(A) shall not apply to individuals below the age of
17, or such other age as determined by the Secretary of
Homeland Security;
(B) may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency.
(d) RECOMMENDATION TO CONGRESS.—Not later than 1 year
after the date of enactment of this Act, the Secretary of Homeland
Security shall recommend to Congress—
(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack and requiring minimum
identification standards for access to such facilities; and
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(2) appropriate minimum identification standards to gain
access to those facilities.
Subtitle C—National Preparedness
SEC. 7301. THE INCIDENT COMMAND SYSTEM.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) The attacks on September 11, 2001, demonstrated that
even the most robust emergency response capabilities can be
overwhelmed if an attack is large enough.
(2) Teamwork, collaboration, and cooperation at an incident
site are critical to a successful response to a terrorist attack.
(3) Key decisionmakers who are represented at the incident
command level help to ensure an effective response, the efficient
use of resources, and responder safety.
(4) The incident command system also enables emergency
managers and first responders to manage, generate, receive,
evaluate, share, and use information.
(5) Regular joint training at all levels is essential to
ensuring close coordination during an actual incident.
(6) In Homeland Security Presidential Directive 5, the
President directed the Secretary of Homeland Security to
develop an incident command system, to be known as the
National Incident Management System (NIMS), and directed
all Federal agencies to make the adoption of NIMS a condition
for the receipt of Federal emergency preparedness assistance
by States, territories, tribes, and local governments beginning
in fiscal year 2005.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States needs to implement the recommendations of the National Commission on Terrorist Attacks Upon
the United States by adopting a unified incident command
system
and
significantly
enhancing
communications
connectivity between and among all levels of government agencies, emergency response providers (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101), and
other organizations with emergency response capabilities;
(2) the unified incident command system should enable
emergency managers and first responders to manage, generate,
receive, evaluate, share, and use information in the event of
a terrorist attack or a significant national disaster;
(3) emergency response agencies nationwide should adopt
the Incident Command System known as NIMS;
(4) when multiple agencies or multiple jurisdictions are
involved, they should follow a unified command system based
on NIMS;
(5) the regular use of, and training in, NIMS by States
and, to the extent practicable, territories, tribes, and local
governments, should be a condition for receiving Federal
preparedness assistance; and
(6) the Secretary of Homeland Security should require,
as a further condition of receiving homeland security preparedness funds from the Office of State and Local Government
Coordination and Preparedness, that grant applicants document
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PUBLIC LAW 108–458—DEC. 17, 2004
measures taken to fully and aggressively implement the
Incident Command System and unified command procedures.
42 USC 5196
note.
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SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID.
(a) DEFINITIONS.—In this section:
(1) AUTHORIZED REPRESENTATIVE OF THE FEDERAL GOVERNMENT.—The term ‘‘authorized representative of the Federal
Government’’ means any individual or individuals designated
by the President with respect to the executive branch, the
Chief Justice with respect to the Federal judiciary, or the
President of the Senate and Speaker of the House of Representatives with respect to Congress, or their designees, to request
assistance under a mutual aid agreement for an emergency
or public service event.
(2) CHIEF OPERATING OFFICER.—The term ‘‘chief operating
officer’’ means the official designated by law to declare an
emergency in and for the locality of that chief operating officer.
(3) EMERGENCY.—The term ‘‘emergency’’ means a major
disaster or emergency declared by the President, or a state
of emergency declared by the mayor of the District of Columbia,
the Governor of the State of Maryland or the Commonwealth
of Virginia, or the declaration of a local emergency by the
chief operating officer of a locality, or their designees, that
triggers mutual aid under the terms of a mutual aid agreement.
(4) EMPLOYEE.—The term ‘‘employee’’ means the employees
of the party, including its agents or authorized volunteers,
who are committed in a mutual aid agreement to prepare
for or who respond to an emergency or public service event.
(5) LOCALITY.—The term ‘‘locality’’ means a county, city,
or town within the State of Maryland or the Commonwealth
of Virginia and within the National Capital Region.
(6) MUTUAL AID AGREEMENT.—The term ‘‘mutual aid agreement’’ means an agreement, authorized under subsection (b),
for the provision of police, fire, rescue and other public safety
and health or medical services to any party to the agreement
during a public service event, an emergency, or pre-planned
training event.
(7) NATIONAL CAPITAL REGION OR REGION.—The term
‘‘National Capital Region’’ or ‘‘Region’’ means the area defined
under section 2674(f)(2) of title 10, United States Code, and
those counties with a border abutting that area and any municipalities therein.
(8) PARTY.—The term ‘‘party’’ means the State of Maryland,
the Commonwealth of Virginia, the District of Columbia, and
any of the localities duly executing a Mutual Aid Agreement
under this section.
(9) PUBLIC SERVICE EVENT.—The term ‘‘public service
event’’—
(A) means any undeclared emergency, incident or situation in preparation for or response to which the mayor
of the District of Columbia, an authorized representative
of the Federal Government, the Governor of the State
of Maryland, the Governor of the Commonwealth of Virginia, or the chief operating officer of a locality in the
National Capital Region, or their designees, requests or
provides assistance under a Mutual Aid Agreement within
the National Capital Region; and
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(B) includes Presidential inaugurations, public gatherings, demonstrations and protests, and law enforcement,
fire, rescue, emergency health and medical services,
transportation, communications, public works and
engineering, mass care, and other support that require
human resources, equipment, facilities or services supplemental to or greater than the requesting jurisdiction can
provide.
(10) STATE.—The term ‘‘State’’ means the State of Maryland, the Commonwealth of Virginia, and the District of
Columbia.
(11) TRAINING.—The term ‘‘training’’ means emergency and
public service event-related exercises, testing, or other activities
using equipment and personnel to simulate performance of
any aspect of the giving or receiving of aid by National Capital
Region jurisdictions during emergencies or public service
events, such actions occurring outside actual emergency or
public service event periods.
(b) MUTUAL AID AUTHORIZED.—
(1) IN GENERAL.—The mayor of the District of Columbia,
any authorized representative of the Federal Government, the
Governor of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating officer of
a locality, or their designees, acting within his or her jurisdictional purview, may, in accordance with State law, enter into,
request or provide assistance under mutual aid agreements
with localities, the Washington Metropolitan Area Transit
Authority, the Metropolitan Washington Airports Authority,
and any other governmental agency or authority for—
(A) law enforcement, fire, rescue, emergency health
and medical services, transportation, communications,
public works and engineering, mass care, and resource
support in an emergency or public service event;
(B) preparing for, mitigating, managing, responding
to or recovering from any emergency or public service event;
and
(C) training for any of the activities described under
subparagraphs (A) and (B).
(2) FACILITATING LOCALITIES.—The State of Maryland and
the Commonwealth of Virginia are encouraged to facilitate
the ability of localities to enter into interstate mutual aid
agreements in the National Capital Region under this section.
(3) APPLICATION AND EFFECT.—This section—
(A) does not apply to law enforcement security operations at special events of national significance under section 3056(e) of title 18, United States Code, or other law
enforcement functions of the United States Secret Service;
(B) does not diminish any authorities, express or
implied, of Federal agencies to enter into mutual aid agreements in furtherance of their Federal missions; and
(C) does not—
(i) preclude any party from entering into supplementary Mutual Aid Agreements with fewer than all
the parties, or with another party; or
(ii) affect any other agreement in effect before
the date of enactment of this Act among the States
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PUBLIC LAW 108–458—DEC. 17, 2004
and localities, including the Emergency Management
Assistance Compact.
(4) RIGHTS DESCRIBED.—Other than as described in this
section, the rights and responsibilities of the parties to a mutual
aid agreement entered into under this section shall be as
described in the mutual aid agreement.
(c) DISTRICT OF COLUMBIA.—
(1) IN GENERAL.—The District of Columbia may purchase
liability and indemnification insurance or become self insured
against claims arising under a mutual aid agreement authorized under this section.
(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to
carry out paragraph (1).
(d) LIABILITY AND ACTIONS AT LAW.—
(1) IN GENERAL.—Any responding party or its officers or
employees rendering aid or failing to render aid to the District
of Columbia, the Federal Government, the State of Maryland,
the Commonwealth of Virginia, or a locality, under a mutual
aid agreement authorized under this section, and any party
or its officers or employees engaged in training activities with
another party under such a mutual aid agreement, shall be
liable on account of any act or omission of its officers or
employees while so engaged or on account of the maintenance
or use of any related equipment, facilities, or supplies, but
only to the extent permitted under the laws and procedures
of the State of the party rendering aid.
(2) ACTIONS.—Any action brought against a party or its
officers or employees on account of an act or omission in the
rendering of aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, or failure to render such aid or on
account of the maintenance or use of any related equipment,
facilities, or supplies may be brought only under the laws
and procedures of the State of the party rendering aid and
only in the Federal or State courts located therein. Actions
against the United States under this section may be brought
only in Federal courts.
(3) IMMUNITIES.—This section shall not abrogate any other
immunities from liability that any party has under any other
Federal or State law.
(e) WORKERS COMPENSATION.—
(1) COMPENSATION.—Each party shall provide for the payment of compensation and death benefits to injured members
of the emergency forces of that party and representatives of
deceased members of such forces if such members sustain
injuries or are killed while rendering aid to the District of
Columbia, the Federal Government, the State of Maryland,
the Commonwealth of Virginia, or a locality, under a mutual
aid agreement, or engaged in training activities under a mutual
aid agreement, in the same manner and on the same terms
as if the injury or death were sustained within their own
jurisdiction.
(2) OTHER STATE LAW.—No party shall be liable under
the law of any State other than its own for providing for
the payment of compensation and death benefits to injured
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members of the emergency forces of that party and representatives of deceased members of such forces if such members
sustain injuries or are killed while rendering aid to the District
of Columbia, the Federal Government, the State of Maryland,
the Commonwealth of Virginia, or a locality, under a mutual
aid agreement or engaged in training activities under a mutual
aid agreement.
(f) LICENSES AND PERMITS.—If any person holds a license, certificate, or other permit issued by any responding party evidencing
the meeting of qualifications for professional, mechanical, or other
skills and assistance is requested by a receiving jurisdiction, such
person will be deemed licensed, certified, or permitted by the
receiving jurisdiction to render aid involving such skill to meet
a public service event, emergency or training for any such events.
SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS
INTEROPERABILITY.
6 USC 194.
(a) COORDINATION OF PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS PROGRAMS.—
(1) PROGRAM.—The Secretary of Homeland Security, in consultation with the Secretary of Commerce and the Chairman
of the Federal Communications Commission, shall establish
a program to enhance public safety interoperable communications at all levels of government. Such program shall—
(A) establish a comprehensive national approach to
achieving public safety interoperable communications;
(B) coordinate with other Federal agencies in carrying
out subparagraph (A);
(C) develop, in consultation with other appropriate Federal agencies and State and local authorities, appropriate
minimum capabilities for communications interoperability
for Federal, State, and local public safety agencies;
(D) accelerate, in consultation with other Federal agencies, including the National Institute of Standards and
Technology, the private sector, and nationally recognized
standards organizations as appropriate, the development
of national voluntary consensus standards for public safety
interoperable communications, recognizing—
(i) the value, life cycle, and technical capabilities
of existing communications infrastructure;
(ii) the need for cross-border interoperability
between States and nations;
(iii) the unique needs of small, rural communities;
and
(iv) the interoperability needs for daily operations
and catastrophic events;
(E) encourage the development and implementation
of flexible and open architectures incorporating, where possible, technologies that currently are commercially available, with appropriate levels of security, for short-term
and long-term solutions to public safety communications
interoperability;
(F) assist other Federal agencies in identifying priorities for research, development, and testing and evaluation
with regard to public safety interoperable communications;
(G) identify priorities within the Department of Homeland Security for research, development, and testing and
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Deadline.
President.
Canada.
Mexico.
6 USC 321.
PUBLIC LAW 108–458—DEC. 17, 2004
evaluation with regard to public safety interoperable
communications;
(H) establish coordinated guidance for Federal grant
programs for public safety interoperable communications;
(I) provide technical assistance to State and local public
safety agencies regarding planning, acquisition strategies,
interoperability architectures, training, and other functions
necessary to achieve public safety communications interoperability;
(J) develop and disseminate best practices to improve
public safety communications interoperability; and
(K) develop appropriate performance measures and
milestones to systematically measure the Nation’s progress
toward achieving public safety communications interoperability, including the development of national voluntary
consensus standards.
(2) OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.—
(A) ESTABLISHMENT OF OFFICE.—The Secretary may
establish an Office for Interoperability and Compatibility
within the Directorate of Science and Technology to carry
out this subsection.
(B) FUNCTIONS.—If the Secretary establishes such
office, the Secretary shall, through such office—
(i) carry out Department of Homeland Security
responsibilities and authorities relating to the
SAFECOM Program; and
(ii) carry out section 510 of the Homeland Security
Act of 2002, as added by subsection (d).
(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to carry out this
subsection—
(A) $22,105,000 for fiscal year 2005;
(B) $22,768,000 for fiscal year 2006;
(C) $23,451,000 for fiscal year 2007;
(D) $24,155,000 for fiscal year 2008; and
(E) $24,879,000 for fiscal year 2009.
(b) REPORT.—Not later than 120 days after the date of enactment of this Act, the Secretary shall report to the Congress on
Department of Homeland Security plans for accelerating the
development of national voluntary consensus standards for public
safety interoperable communications, a schedule of milestones for
such development, and achievements of such development.
(c) INTERNATIONAL INTEROPERABILITY.—Not later than 18
months after the date of enactment of this Act, the President
shall establish a mechanism for coordinating cross-border interoperability issues between—
(1) the United States and Canada; and
(2) the United States and Mexico.
(d) HIGH RISK AREA COMMUNICATIONS CAPABILITIES.—Title V
of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is
amended by adding at the end the following:
‘‘SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS
CAPABILITIES.
‘‘(a) IN GENERAL.—The Secretary, in consultation with the Federal Communications Commission and the Secretary of Defense,
and with appropriate governors, mayors, and other State and local
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government officials, shall provide technical guidance, training, and
other assistance, as appropriate, to support the rapid establishment
of consistent, secure, and effective interoperable communications
capabilities in the event of an emergency in urban and other areas
determined by the Secretary to be at consistently high levels of
risk from terrorist attack.
‘‘(b) MINIMUM CAPABILITIES.—The interoperable communications capabilities established under subsection (a) shall ensure the
ability of all levels of government agencies, emergency response
providers (as defined in section 2 of the Homeland Security Act
of 2002 (6 U.S.C. 101)), and other organizations with emergency
response capabilities—
‘‘(1) to communicate with each other in the event of an
emergency; and
‘‘(2) to have appropriate and timely access to the Information Sharing Environment described in section 1016 of the
National Security Intelligence Reform Act of 2004.’’.
(e) MULTIYEAR INTEROPERABILITY GRANTS.—
(1) MULTIYEAR COMMITMENTS.—In awarding grants to any
State, region, local government, or Indian tribe for the purposes
of enhancing interoperable communications capabilities for
emergency response providers, the Secretary may commit to
obligate Federal assistance beyond the current fiscal year, subject to the limitations and restrictions in this subsection.
(2) RESTRICTIONS.—
(A) TIME LIMIT.—No multiyear interoperability commitment may exceed 3 years in duration.
(B) AMOUNT OF COMMITTED FUNDS.—The total amount
of assistance the Secretary has committed to obligate for
any future fiscal year under paragraph (1) may not exceed
$150,000,000.
(3) LETTERS OF INTENT.—
(A) ISSUANCE.—Pursuant to paragraph (1), the Secretary may issue a letter of intent to an applicant committing to obligate from future budget authority an amount,
not more than the Federal Government’s share of the
project’s cost, for an interoperability communications
project (including interest costs and costs of formulating
the project).
(B) SCHEDULE.—A letter of intent under this paragraph
shall establish a schedule under which the Secretary will
reimburse the applicant for the Federal Government’s
share of the project’s costs, as amounts become available,
if the applicant, after the Secretary issues the letter, carries
out the project before receiving amounts under a grant
issued by the Secretary.
(C) NOTICE TO SECRETARY.—An applicant that is issued
a letter of intent under this subsection shall notify the
Secretary of the applicant’s intent to carry out a project
pursuant to the letter before the project begins.
(D) NOTICE TO CONGRESS.—The Secretary shall
transmit a written notification to the Congress no later
than 3 days before the issuance of a letter of intent under
this section.
(E) LIMITATIONS.—A letter of intent issued under this
section is not an obligation of the Government under section
1501 of title 31, United States Code, and is not deemed
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to be an administrative commitment for financing. An
obligation or administrative commitment may be made only
as amounts are provided in authorization and appropriations laws.
(F) STATUTORY CONSTRUCTION.—Nothing in this subsection shall be construed—
(i) to prohibit the obligation of amounts pursuant
to a letter of intent under this subsection in the same
fiscal year as the letter of intent is issued; or
(ii) to apply to, or replace, Federal assistance
intended for interoperable communications that is not
provided pursuant to a commitment under this subsection.
(f) INTEROPERABLE COMMUNICATIONS PLANS.—Any applicant
requesting funding assistance from the Secretary for interoperable
communications for emergency response providers shall submit an
Interoperable Communications Plan to the Secretary for approval.
Such a plan shall—
(1) describe the current state of communications interoperability in the applicable jurisdictions among Federal, State,
and local emergency response providers and other relevant
private resources;
(2) describe the available and planned use of public safety
frequency spectrum and resources for interoperable communications within such jurisdictions;
(3) describe how the planned use of spectrum and resources
for interoperable communications is compatible with surrounding capabilities and interoperable communications plans
of Federal, State, and local governmental entities, military
installations, foreign governments, critical infrastructure, and
other relevant entities;
(4) include a 5-year plan for the dedication of Federal,
State, and local government and private resources to achieve
a consistent, secure, and effective interoperable communications
system, including planning, system design and engineering,
testing and technology development, procurement and installation, training, and operations and maintenance; and
(5) describe how such 5-year plan meets or exceeds any
applicable standards and grant requirements established by
the Secretary.
(g) DEFINITIONS.—In this section:
(1) INTEROPERABLE COMMUNICATIONS.—The term ‘‘interoperable communications’’ means the ability of emergency
response providers and relevant Federal, State, and local
government agencies to communicate with each other as necessary, through a dedicated public safety network utilizing
information technology systems and radio communications systems, and to exchange voice, data, or video with one another
on demand, in real time, as necessary.
(2) EMERGENCY RESPONSE PROVIDERS.—The term ‘‘emergency response providers’’ has the meaning that term has under
section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101).
(h) CLARIFICATION OF RESPONSIBILITY FOR INTEROPERABLE
COMMUNICATIONS.—
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(1) UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND
RESPONSE.—Section 502(7) of the Homeland Security Act of
2002 (6 U.S.C. 312(7)) is amended—
(A) by striking ‘‘developing comprehensive programs
for developing interoperative communications technology,
and’’; and
(B) by striking ‘‘such’’ and inserting ‘‘interoperable
communications’’.
(2) OFFICE FOR DOMESTIC PREPAREDNESS.—Section 430(c)
of such Act (6 U.S.C. 238(c)) is amended—
(A) in paragraph (7) by striking ‘‘and’’ after the semicolon;
(B) in paragraph (8) by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(9) helping to ensure the acquisition of interoperable
communication technology by State and local governments and
emergency response providers.’’.
(i) SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.—
(1) FINDING.—The Congress finds that—
(A) many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and
(B) their inability to do so threatens the public’s safety
and may result in unnecessary loss of lives and property.
(2) SENSE OF CONGRESS.—It is the sense of Congress that
interoperable emergency communications systems and radios
should continue to be deployed as soon as practicable for use
by the first responder community, and that upgraded and new
digital communications systems and new digital radios must
meet prevailing national, voluntary consensus standards for
interoperability.
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SEC. 7304. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
6 USC 194 note.
(a) PILOT PROJECTS.—Consistent with sections 302 and 430
of the Homeland Security Act of 2002 (6 U.S.C. 182, 238), not
later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall establish not fewer than
2 pilot projects in high threat urban areas or regions that are
likely to implement a national model strategic plan.
(b) PURPOSES.—The purposes of the pilot projects required by
this section shall be to develop a regional strategic plan to foster
interagency communication in the area in which it is established
and coordinate the gathering of all Federal, State, and local first
responders in that area, consistent with the national strategic plan
developed by the Department of Homeland Security.
(c) SELECTION CRITERIA.—In selecting urban areas for the location of pilot projects under this section, the Secretary shall
consider—
(1) the level of risk to the area, as determined by the
Department of Homeland Security;
(2) the number of Federal, State, and local law enforcement
agencies located in the area;
(3) the number of potential victims from a large scale
terrorist attack in the area; and
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PUBLIC LAW 108–458—DEC. 17, 2004
(4) such other criteria reflecting a community’s risk and
vulnerability as the Secretary determines is appropriate.
(d) INTERAGENCY ASSISTANCE.—The Secretary of Homeland
Security shall consult with the Secretary of Defense as necessary
for the development of the pilot projects required by this section,
including examining relevant standards, equipment, and protocols
in order to improve interagency communication among first
responders.
(e) REPORTS TO CONGRESS.—The Secretary of Homeland Security shall submit to Congress—
(1) an interim report regarding the progress of the interagency communications pilot projects required by this section
6 months after the date of enactment of this Act; and
(2) a final report 18 months after that date of enactment.
(f) FUNDING.—There are authorized to be made available to
the Secretary of Homeland Security, such sums as may be necessary
to carry out this section.
SEC. 7305. PRIVATE SECTOR PREPAREDNESS.
(a) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(1) Private sector organizations own 85 percent of the
Nation’s critical infrastructure and employ the vast majority
of the Nation’s workers.
(2) Preparedness in the private sector and public sector
for rescue, restart and recovery of operations should include,
as appropriate—
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(3) The American National Standards Institute recommends a voluntary national preparedness standard for the
private sector based on the existing American National
Standard on Disaster/Emergency Management and Business
Continuity Programs (NFPA 1600), with appropriate modifications. This standard establishes a common set of criteria and
terminology for preparedness, disaster management, emergency
management, and business continuity programs.
(4) The mandate of the Department of Homeland Security
extends to working with the private sector, as well as government entities.
(b) SENSE OF CONGRESS ON PRIVATE SECTOR PREPAREDNESS.—
It is the sense of Congress that the Secretary of Homeland Security
should promote, where appropriate, the adoption of voluntary
national preparedness standards such as the private sector
preparedness standard developed by the American National Standards Institute and based on the National Fire Protection Association
1600 Standard on Disaster/Emergency Management and Business
Continuity Programs.
SEC. 7306. CRITICAL
MENTS.
INFRASTRUCTURE
AND
READINESS
ASSESS-
(a) FINDINGS.—Congress makes the following findings:
(1) Under section 201 of the Homeland Security Act of
2002 (6 U.S.C 121), the Department of Homeland Security,
through the Under Secretary for Information Analysis and
Infrastructure Protection, has the responsibility—
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(A) to carry out comprehensive assessments of the
vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of
risk assessments to determine the risks posed by particular
types of terrorist attacks within the United States;
(B) to identify priorities for protective and supportive
measures; and
(C) to develop a comprehensive national plan for
securing the key resources and critical infrastructure of
the United States.
(2) Under Homeland Security Presidential Directive 7,
issued on December 17, 2003, the Secretary of Homeland Security was given 1 year to develop a comprehensive plan to
identify, prioritize, and coordinate the protection of critical
infrastructure and key resources.
(3) The report of the National Commission on Terrorist
Attacks Upon the United States recommended that the Secretary of Homeland Security should—
(A) identify those elements of the United States’
transportation, energy, communications, financial, and
other institutions that need to be protected;
(B) develop plans to protect that infrastructure; and
(C) exercise mechanisms to enhance preparedness.
(b) REPORTS ON RISK ASSESSMENT AND READINESS.—Not later
than 180 days after the date of enactment of this Act, and in
conjunction with the reporting requirements of Public Law 108–
330, the Secretary of Homeland Security shall submit a report
to Congress on—
(1) the Department of Homeland Security’s progress in
completing vulnerability and risk assessments of the Nation’s
critical infrastructure;
(2) the adequacy of the Government’s plans to protect such
infrastructure; and
(3) the readiness of the Government to respond to threats
against the United States.
SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED
STATES HOMELAND.
It is the sense of Congress that the Secretary of Defense should
regularly assess the adequacy of the plans and strategies of the
United States Northern Command with a view to ensuring that
the United States Northern Command is prepared to respond effectively to all military and paramilitary threats within the United
States, should it be called upon to do so by the President.
SEC. 7308. EFFECTIVE DATE.
6 USC 194 note.
Notwithstanding any other provision of this Act, this subtitle
shall take effect on the date of enactment of this Act.
Subtitle D—Homeland Security
SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
It is 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.
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PUBLIC LAW 108–458—DEC. 17, 2004
SEC. 7402. COORDINATION OF INDUSTRY EFFORTS.
Section 102(f) of the Homeland Security Act of 2002 (Public
Law 107–296; 6 U.S.C. 112(f)) is amended—
(1) in paragraph (6), by striking ‘‘and’’ at the end;
(2) in paragraph (7), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(8) coordinating industry efforts, with respect to functions
of the Department of Homeland Security, to identify private
sector resources and capabilities that could be effective in
supplementing Federal, State, and local government agency
efforts to prevent or respond to a terrorist attack;
‘‘(9) coordinating 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
‘‘(10) consulting with the Office of State and Local Government Coordination and Preparedness on all matters of concern
to the private sector, including the tourism industry.’’.
SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.
(a) STUDY.—The Secretary of Homeland Security, in coordination with the Chairman of the Federal Communications Commission, and in consultation with the heads of other appropriate Federal agencies and representatives of providers and participants
in the telecommunications industry, shall conduct a study to determine whether it is cost-effective, efficient, and feasible to establish
and implement an emergency telephonic alert notification system
that will—
(1) alert persons in the United States of imminent or current hazardous events caused by acts of terrorism; and
(2) provide information to individuals regarding appropriate
measures that may be undertaken to alleviate or minimize
threats to their safety and welfare posed by such events.
(b) TECHNOLOGIES TO CONSIDER.—In conducting the study, the
Secretary shall consider the use of the telephone, wireless communications, and other existing communications networks to provide
such notification.
(c) REPORT.—Not later than 9 months after the date of enactment of this Act, the Secretary shall submit to Congress a report
regarding the conclusions of the study.
SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE
MODERN DIGITAL AGE.
(a) PILOT STUDY.—The Secretary of Homeland Security, from
funds made available for improving the national system to notify
the general public in the event of a terrorist attack, and in consultation with the Attorney General, the Secretary of Transportation,
the heads of other appropriate Federal agencies, the National
Association of State Chief Information Officers, and other stakeholders with respect to public warning systems, shall conduct a
pilot study under which the Secretary of Homeland Security may
issue public warnings regarding threats to homeland security using
a warning system that is similar to the AMBER Alert communications network.
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(b) REPORT.—Not later than 9 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit
to Congress a report regarding the findings, conclusions, and recommendations of the pilot study.
(c) PROHIBITION ON USE OF HIGHWAY TRUST FUND.—No funds
derived from the Highway Trust Fund may be transferred to, made
available to, or obligated by the Secretary of Homeland Security
to carry out this section.
SEC. 7405. REQUIRED COORDINATION.
6 USC 112 note.
The Secretary of Homeland Security shall ensure that there
is effective and ongoing coordination of Federal efforts to prevent,
prepare for, and respond to acts of terrorism and other major
disasters and emergencies among the divisions of the Department
of Homeland Security, including the Directorate of Emergency
Preparedness and Response and the Office for State and Local
Government Coordination and Preparedness.
SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.
Section 611(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(h)) is amended—
(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;
(2) by indenting paragraph (2) (as so redesignated); and
(3) by striking the subsection designation and heading and
inserting the following:
‘‘(h) EMERGENCY PREPAREDNESS COMPACTS.—(1) The Director
shall establish a program supporting the development of emergency
preparedness compacts for acts of terrorism, disasters, and emergencies throughout the Nation, by—
‘‘(A) identifying and cataloging existing emergency
preparedness compacts for acts of terrorism, disasters, and
emergencies at the State and local levels of government;
‘‘(B) disseminating to State and local governments examples
of best practices in the development of emergency preparedness
compacts and models of existing emergency preparedness compacts, including agreements involving interstate jurisdictions;
and
‘‘(C) completing an inventory of Federal response capabilities for acts of terrorism, disasters, and emergencies, making
such inventory available to appropriate Federal, State, and
local government officials, and ensuring that such inventory
is as current and accurate as practicable.’’.
SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
(a) AMENDMENT.—Section 878 of the Homeland Security Act
of 2002 (6 U.S.C. 458) is amended to read as follows:
‘‘SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
‘‘(a) OFFICE.—There is established in the Department an Office
of Counternarcotics Enforcement, which shall be headed by a
Director appointed by the President, by and with the advice and
consent of the Senate.
‘‘(b) ASSIGNMENT OF PERSONNEL.—
‘‘(1) IN GENERAL.—The Secretary shall assign permanent
staff to the Office, consistent with effective management of
Department resources.
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Establishment.
President.
Congress.
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PUBLIC LAW 108–458—DEC. 17, 2004
‘‘(2) LIAISONS.—The Secretary shall designate senior
employees from each appropriate subdivision of the Department
that has significant counternarcotics responsibilities to act as
a liaison between that subdivision and the Office of Counternarcotics Enforcement.
‘‘(c) LIMITATION ON CONCURRENT EMPLOYMENT.—Except as provided in subsection (d), the Director of the Office of Counternarcotics
Enforcement shall not be employed by, assigned to, or serve as
the head of, any other branch of the Federal Government, any
State or local government, or any subdivision of the Department
other than the Office of Counternarcotics Enforcement.
‘‘(d) ELIGIBILITY TO SERVE AS THE UNITED STATES INTERDICTION
COORDINATOR.—The Director of the Office of Counternarcotics
Enforcement may be appointed as the United States Interdiction
Coordinator by the Director of the Office of National Drug Control
Policy, and shall be the only person at the Department eligible
to be so appointed.
‘‘(e) RESPONSIBILITIES.—The Secretary shall direct the Director
of the Office of Counternarcotics Enforcement—
‘‘(1) to coordinate policy and operations within the Department, between the Department and other Federal departments
and agencies, and between the Department and State and
local agencies with respect to stopping the entry of illegal
drugs into the United States;
‘‘(2) to ensure the adequacy of resources within the Department for stopping the entry of illegal drugs into the United
States;
‘‘(3) to recommend the appropriate financial and personnel
resources necessary to help the Department better fulfill its
responsibility to stop the entry of illegal drugs into the United
States;
‘‘(4) within the Joint Terrorism Task Force construct to
track and sever connections between illegal drug trafficking
and terrorism; and
‘‘(5) to be a representative of the Department on all task
forces, committees, or other entities whose purpose is to coordinate the counternarcotics enforcement activities of the Department and other Federal, State or local agencies.
‘‘(f) SAVINGS CLAUSE.—Nothing in this section shall be construed to authorize direct control of the operations conducted by
the Directorate of Border and Transportation Security, the Coast
Guard, or joint terrorism task forces.
‘‘(g) REPORTS TO CONGRESS.—
‘‘(1) ANNUAL BUDGET REVIEW.—The Director of the Office
of Counternarcotics Enforcement shall, not later than 30 days
after the submission by the President to Congress of any
request for expenditures for the Department, submit to the
Committees on Appropriations and the authorizing committees
of jurisdiction of the House of Representatives and the Senate
a review and evaluation of such request. The review and evaluation shall—
‘‘(A) identify any request or subpart of any request
that affects or may affect the counternarcotics activities
of the Department or any of its subdivisions, or that affects
the ability of the Department or any subdivision of the
Department to meet its responsibility to stop the entry
of illegal drugs into the United States;
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‘‘(B) describe with particularity how such requested
funds would be or could be expended in furtherance of
counternarcotics activities; and
‘‘(C) compare such requests with requests for expenditures and amounts appropriated by Congress in the previous fiscal year.
‘‘(2) EVALUATION OF COUNTERNARCOTICS ACTIVITIES.—The
Director of the Office of Counternarcotics Enforcement shall,
not later than February 1 of each year, submit to the Committees on Appropriations and the authorizing committees of jurisdiction of the House of Representatives and the Senate a review
and evaluation of the counternarcotics activities of the Department for the previous fiscal year. The review and evaluation
shall—
‘‘(A) describe the counternarcotics activities of the
Department and each subdivision of the Department
(whether individually or in cooperation with other subdivisions of the Department, or in cooperation with other
branches of the Federal Government or with State or local
agencies), including the methods, procedures, and systems
(including computer systems) for collecting, analyzing,
sharing, and disseminating information concerning narcotics activity within the Department and between the
Department and other Federal, State, and local agencies;
‘‘(B) describe the results of those activities, using quantifiable data whenever possible;
‘‘(C) state whether those activities were sufficient to
meet the responsibility of the Department to stop the entry
of illegal drugs into the United States, including a description of the performance measures of effectiveness that were
used in making that determination; and
‘‘(D) recommend, where appropriate, changes to those
activities to improve the performance of the Department
in meeting its responsibility to stop the entry of illegal
drugs into the United States.
‘‘(3) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMATION.—Any content of a review and evaluation described in
the reports required in this subsection that involves information
classified under criteria established by an Executive order,
or whose public disclosure, as determined by the Secretary,
would be detrimental to the law enforcement or national security activities of the Department or any other Federal, State,
or local agency, shall be presented to Congress separately from
the rest of the review and evaluation.’’.
(b) CONFORMING AMENDMENTS.—Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended—
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following:
‘‘(8) A Director of the Office of Counternarcotics Enforcement.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts appropriated for the Department of Homeland Security for Departmental
management and operations for fiscal year 2005, there is authorized
up to $6,000,000 to carry out section 878 of the Department of
Homeland Security Act of 2002.
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PUBLIC LAW 108–458—DEC. 17, 2004
SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES
IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
(a) IN GENERAL.—Subtitle E of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding
at the end the following:
6 USC 413.
‘‘SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES
IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
‘‘(a) IN GENERAL.—Each subdivision of the Department that
is a National Drug Control Program Agency shall include as one
of the criteria in its performance appraisal system, for each
employee directly or indirectly involved in the enforcement of Federal, State, or local narcotics laws, the performance of that employee
with respect to the enforcement of Federal, State, or local narcotics
laws, relying to the greatest extent practicable on objective performance measures, including—
‘‘(1) the contribution of that employee to seizures of narcotics and arrests of violators of Federal, State, or local narcotics
laws; and
‘‘(2) the degree to which that employee cooperated with
or contributed to the efforts of other employees, either within
the Department or other Federal, State, or local agencies, in
counternarcotics enforcement.
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘National Drug Control Program Agency’
means—
‘‘(A) a National Drug Control Program Agency, as
defined in section 702(7) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (as last in
effect); and
‘‘(B) any subdivision of the Department that has a
significant counternarcotics responsibility, as determined
by—
‘‘(i) the counternarcotics officer, appointed under
section 878; or
‘‘(ii) if applicable, the counternarcotics officer’s successor in function (as determined by the Secretary);
and
‘‘(2) the term ‘performance appraisal system’ means a
system under which periodic appraisals of job performance
of employees are made, whether under chapter 43 of title 5,
United States Code, or otherwise.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the Homeland Security Act of 2002 is amended by inserting after the item
relating to section 842 the following:
‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee performance appraisals.’’.
Subtitle E—Public Safety Spectrum
SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
(a) FINDINGS.—Congress finds the following:
(1) Congress granted television broadcasters additional 6
megahertz blocks of spectrum to transmit digital broadcasts
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simultaneously with the analog broadcasts they submit on their
original 6 megahertz blocks of spectrum.
(2) Section 309(j)(14) of the Communications Act of 1934
(47 U.S.C. 309(j)(14)) requires each television broadcaster to
cease analog transmissions and return 6 megahertz of spectrum
not later than—
(A) December 31, 2006; or
(B) the date on which more than 85 percent of the
television households in the market of such broadcaster
can view digital broadcast television channels using a digital television, a digital-to-analog converter box, cable
service, or satellite service.
(3) Twenty-four megahertz of spectrum occupied by television broadcasters has been earmarked for use by first
responders as soon as the television broadcasters return the
spectrum broadcasters being used to provide analog transmissions. This spectrum would be ideal to provide first
responders with interoperable communications channels.
(4) Large parts of the vacated spectrum could be auctioned
for advanced commercial services, such as wireless broadband.
(5) The 85 percent penetration test described in paragraph
(2)(B) could delay the termination of analog television broadcasts and the return of spectrum well beyond 2007, hindering
the use of that spectrum for these important public safety
and advanced commercial uses.
(6) While proposals to require broadcasters to return, on
a date certain, the spectrum earmarked for future public safety
use may improve the ability of public safety entities to begin
planning for use of this spectrum, such proposals have certain
deficiencies. The proposals would require the dislocation of
up to 75 broadcast stations, which also serve a critical public
safety function by broadcasting weather, traffic, disaster, and
other safety alerts. Such disparate treatment of broadcasters
would be unfair to the broadcasters and their respective
viewers. Requiring the return of all analog broadcast spectrum
by a date certain would have the benefit of addressing the
digital television transition in a comprehensive fashion that
treats all broadcasters and viewers equally, while freeing spectrum for advanced commercial services.
(7) The Federal Communications Commission should consider all regulatory means available to expedite the return
of the analog spectrum.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Congress must act to 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; and
(2) any delay in the adoption of the legislation described
in paragraph (1) will delay the ability of public safety entities
to begin planning to use this needed spectrum.
SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND
REQUIREMENTS.
(a) ALLOCATIONS OF SPECTRUM FOR EMERGENCY RESPONSE PROVIDERS.—The Federal Communications Commission shall, in consultation with the Secretary of Homeland Security and the National
Telecommunications and Information Administration, conduct a
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study to assess short-term and long-term needs for allocations of
additional portions of the electromagnetic spectrum for Federal,
State, and local emergency response providers, including whether
or not an additional allocation of spectrum in the 700 megahertz
band should be granted by Congress to such emergency response
providers.
(b) STRATEGIES TO MEET PUBLIC SAFETY TELECOMMUNICATIONS
REQUIREMENTS.—The Secretary of Homeland Security shall, in consultation with the Federal Communications Commission and the
National Telecommunications and Information Administration, conduct a study to assess strategies that may be used to meet public
safety telecommunications needs, including—
(1) the need and efficacy of deploying nationwide interoperable communications networks (including the potential technical and operational standards and protocols for nationwide
interoperable broadband mobile communications networks that
may be used by Federal, State, regional, and local governmental
and nongovernmental public safety, homeland security, and
other emergency response personnel);
(2) the capacity of public safety entities to utilize wireless
broadband applications; and
(3) the communications capabilities of all emergency
response providers, including hospitals and health care workers,
and current efforts to promote communications coordination
and training among emergency response providers.
(c) STUDY REQUIREMENTS.—In conducting the studies required
by subsections (a) and (b), the Secretary of Homeland Security
and the Federal Communications Commission shall—
(1) seek input from Federal, State, local, and regional emergency response providers regarding the operation and administration of a potential nationwide interoperable broadband
mobile communications network; and
(2) consider the use of commercial wireless technologies
to the greatest extent practicable.
(d) REPORTS.—(1) Not later than one year after the date of
enactment of this Act, the Federal Communications Commission
(in the case of the study required by subsection (a)) and the Secretary of Homeland Security (in the case of the study required
by subsection (b)) shall submit to the appropriate committees of
Congress a report on such study, including the findings of such
study.
(2) In this subsection, the term ‘‘appropriate committees of
Congress’’ means—
(A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Energy and Commerce and the Select
Committee on Homeland Security of the House of Representatives.
Subtitle F—Presidential Transition
SEC. 7601. PRESIDENTIAL TRANSITION.
(a) SERVICES PROVIDED PRESIDENT-ELECT.—Section 3 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended—
(1) by adding after subsection (a)(8)(A)(iv) the following:
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‘‘(v) Activities under this paragraph shall include
the preparation of a detailed classified, compartmented
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. This summary shall be provided to the President-elect as soon
as possible after the date of the general elections held
to determine the electors of President and Vice President under section 1 or 2 of title 3, United States
Code.’’;
(2) by redesignating subsection (f) as subsection (g); and
(3) by adding after subsection (e) the following:
‘‘(f)(1) The President-elect should submit to the Federal Bureau
of Investigation or other appropriate agency and then, upon taking
effect and designation, to the agency designated by the President
under section 115(b) of the National Intelligence Reform Act of
2004, the names of candidates for high level national security
positions through the level of undersecretary of cabinet departments
as soon as possible after the date of the general elections held
to determine the electors of President and Vice President under
section 1 or 2 of title 3, United States Code.
‘‘(2) The responsible agency or agencies shall undertake and
complete as expeditiously as possible the background investigations
necessary to provide appropriate security clearances to the individuals who are candidates described under paragraph (1) before the
date of the inauguration of the President-elect as President and
the inauguration of the Vice-President-elect as Vice President.’’.
(b) SENSE OF THE SENATE REGARDING EXPEDITED CONSIDERATION OF NATIONAL SECURITY NOMINEES.—It is the sense of the
Senate that—
(1) the President-elect should submit the nominations of
candidates for high-level national security positions, through
the level of undersecretary of cabinet departments, to the
Senate by the date of the inauguration of the President-elect
as President; and
(2) for all such national security nominees received by
the date of inauguration, the Senate committees to which these
nominations are referred should, to the fullest extent possible,
complete their consideration of these nominations, and, if such
nominations are reported by the committees, the full Senate
should vote to confirm or reject these nominations, within 30
days of their submission.
(c) SECURITY CLEARANCES FOR TRANSITION TEAM MEMBERS.—
(1) DEFINITION.—In this section, the term ‘‘major party’’
shall have the meaning given under section 9002(6) of the
Internal Revenue Code of 1986.
(2) IN GENERAL.—Each major party candidate for President
may submit, before the date of the general election, requests
for security clearances for prospective transition team members
who will have a need for access to classified information to
carry out their responsibilities as members of the Presidentelect’s transition team.
(3) COMPLETION DATE.—Necessary background investigations and eligibility determinations to permit appropriate
prospective transition team members to have access to classified
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President.
50 USC 435b
note.
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3 USC 102 note.
PUBLIC LAW 108–458—DEC. 17, 2004
information shall be completed, to the fullest extent practicable,
by the day after the date of the general election.
(d) EFFECTIVE DATE.—Notwithstanding section 351, this section
and the amendments made by this section shall take effect on
the date of enactment of this Act.
Subtitle
G—Improving
International
Standards and Cooperation to Fight Terrorist Financing
31 USC 5311
note.
SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO FIGHT TERRORIST FINANCING.
(a) FINDINGS.—Congress makes the following findings:
(1) The global war on terrorism and cutting off terrorist
financing is a policy priority for the United States and its
partners, working bilaterally and multilaterally through the
United Nations, the United Nations Security Council and its
committees, such as the 1267 and 1373 Committees, the Financial Action Task Force (FATF), and various international financial institutions, including the International Monetary Fund
(IMF), the International Bank for Reconstruction and Development (IBRD), and the regional multilateral development banks,
and other multilateral fora.
(2) The international financial community has become
engaged in the global fight against terrorist financing. The
Financial Action Task Force has focused on the new threat
posed by terrorist financing to the international financial
system, resulting in the establishment of the FATF’s Eight
Special Recommendations on Terrorist Financing as the international standard on combating terrorist financing. The Group
of Seven and the Group of Twenty Finance Ministers are developing action plans to curb the financing of terror. In addition,
other economic and regional fora, such as the Asia-Pacific Economic Cooperation (APEC) Forum, and the Western Hemisphere Financial Ministers, have been used to marshal political
will and actions in support of combating the financing of terrorism (CFT) standards.
(3) FATF’s Forty Recommendations on Money Laundering
and the Eight Special Recommendations on Terrorist Financing
are the recognized global standards for fighting money laundering and terrorist financing. The FATF has engaged in an
assessment process for jurisdictions based on their compliance
with these standards.
(4) In March 2004, the IMF and IBRD Boards agreed
to make permanent a pilot program of collaboration with the
FATF to assess global compliance with the FATF Forty Recommendations on Money Laundering and the Eight Special
Recommendations on Terrorist Financing. As a result, antimoney laundering (AML) and combating the financing of terrorism (CFT) assessments are now a regular part of their
Financial Sector Assessment Program (FSAP) and Offshore
Financial Center assessments, which provide for a comprehensive analysis of the strength of a jurisdiction’s financial system.
These reviews assess potential systemic vulnerabilities, consider sectoral development needs and priorities, and review
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the state of implementation of and compliance with key financial codes and regulatory standards, among them the AML
and CFT standards.
(5) To date, 70 FSAPs have been conducted, with over
24 of those incorporating AML and CFT assessments. The
international financial institutions (IFIs), the FATF, and the
FATF-style regional bodies together are expected to assess AML
and CFT regimes in up to 40 countries or jurisdictions per
year. This will help countries and jurisdictions identify deficiencies in their AML and CFT regimes and help focus technical
assistance efforts.
(6) Technical assistance programs from the United States
and other nations, coordinated with the Department of State
and other departments and agencies, are playing an important
role in helping countries and jurisdictions address shortcomings
in their AML and CFT regimes and bringing their regimes
into conformity with international standards. Training is coordinated within the United States Government, which leverages
multilateral organizations and bodies and international financial institutions to internationalize the conveyance of technical
assistance.
(7) In fulfilling its duties in advancing incorporation of
AML and CFT standards into the IFIs as part of the IFIs’
work on protecting the integrity of the international monetary
system, the Department of the Treasury, under the guidance
of the Secretary of the Treasury, has effectively brought
together all of the key United States Government agencies.
In particular, United States Government agencies continue to
work together to foster broad support for this important undertaking in various multilateral fora, and United States Government agencies recognize the need for close coordination and
communication within our own Government.
(b) SENSE OF CONGRESS REGARDING SUCCESS IN MULTILATERAL
ORGANIZATIONS.—It is the sense of Congress that the Secretary
of the Treasury should continue to promote the dissemination of
international AML and CFT standards, and to press for full
implementation of the FATF 40 + 8 Recommendations by all countries in order to curb financial risks and hinder terrorist financing
around the globe. The efforts of the Secretary in this regard should
include, where necessary or appropriate, multilateral action against
countries whose counter-money laundering regimes and efforts
against the financing of terrorism fall below recognized international standards.
SEC. 7702. DEFINITIONS.
In this subtitle—
(1) the term ‘‘international financial institutions’’ has the
same meaning as in section 1701(c)(2) of the International
Financial Institutions Act;
(2) the term ‘‘Financial Action Task Force’’ means the international policy-making and standard-setting body dedicated to
combating money laundering and terrorist financing that was
created by the Group of Seven in 1989; and
(3) the terms ‘‘Interagency Paper on Sound Practices to
Strengthen the Resilience of the U.S. Financial System’’ and
‘‘Interagency Paper’’ mean the interagency paper prepared by
the Board of Governors of the Federal Reserve System, the
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31 USC 5311
note.
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PUBLIC LAW 108–458—DEC. 17, 2004
Comptroller of the Currency, and the Securities and Exchange
Commission that was announced in the Federal Register on
April 8, 2003.
SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS
FOR THE SECRETARY OF THE TREASURY.
(a) REPORTING REQUIREMENTS.—Section 1503(a) of the International Financial Institutions Act (22 U.S.C. 262o–2(a)) is amended
by adding at the end the following:
‘‘(15) Work with the International Monetary Fund to—
‘‘(A) foster strong global anti-money laundering (AML)
and combat the financing of terrorism (CFT) regimes;
‘‘(B) ensure that country performance under the Financial Action Task Force anti-money laundering and
counterterrorist financing standards is effectively and comprehensively monitored;
‘‘(C) ensure note is taken of AML and CFT issues
in Article IV reports, International Monetary Fund programs, and other regular reviews of country progress;
‘‘(D) ensure that effective AML and CFT regimes are
considered to be indispensable elements of sound financial
systems; and
‘‘(E) emphasize the importance of sound AML and CFT
regimes to global growth and development.’’.
(b) TESTIMONY.—Section 1705(b) of the International Financial
Institutions Act (22 U.S.C. 262r–4(b)) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) the status of implementation of international antimoney laundering and counterterrorist financing standards by
the International Monetary Fund, the multilateral development
banks, and other multilateral financial policymaking bodies.’’.
31 USC 5311
note.
SEC. 7704. COORDINATION
EFFORTS.
OF
UNITED
STATES
GOVERNMENT
The Secretary of the Treasury, or the designee of the Secretary,
as the lead United States Government official to the Financial
Action Task Force (FATF), shall continue to convene the interagency
United States Government FATF working group. This group, which
includes representatives from all relevant Federal agencies, shall
meet at least once a year to advise the Secretary on policies to
be pursued by the United States regarding the development of
common international AML and CFT standards, to assess the adequacy and implementation of such standards, and to recommend
to the Secretary improved or new standards, as necessary.
Subtitle H—Emergency Financial
Preparedness
SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE
TREASURY.
Section 306(d) of title 31, United States Code, is amended
by inserting ‘‘or employee’’ after ‘‘another officer’’.
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118 STAT. 3861
SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY
PREPAREDNESS AND RESPONSE AND CONSUMER EDUCATION.
(a) FINDINGS.—Congress finds that the Secretary of the
Treasury—
(1) has successfully communicated and coordinated with
the private-sector financial services industry about financial
infrastructure preparedness and response issues;
(2) has successfully reached out to State and local governments and regional public-private partnerships, such as
ChicagoFIRST, that protect employees and critical infrastructure by enhancing communication and coordinating plans for
disaster preparedness and business continuity; and
(3) has set an example for the Department of Homeland
Security and other Federal agency partners, whose active
participation is vital to the overall success of the activities
described in paragraphs (1) and (2).
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary of the Treasury, in consultation with the Secretary
of Homeland Security, other Federal agency partners, and privatesector financial organization partners, should—
(1) furnish sufficient personnel and technological and financial resources to educate consumers and employees of the financial services industry about domestic counterterrorist financing
activities, particularly about—
(A) how the public and private sector organizations
involved in such activities can combat terrorism while
protecting and preserving the lives and civil liberties of
consumers and employees of the financial services industry;
and
(B) how the consumers and employees of the financial
services industry can assist the public and private sector
organizations involved in such activities; and
(2) submit annual reports to Congress on efforts to accomplish subparagraphs (A) and (B) of paragraph (1).
(c) REPORT ON PUBLIC-PRIVATE PARTNERSHIPS.—Before the end
of the 6-month period beginning on the date of enactment of this
Act, the Secretary of the Treasury shall submit a report to the
Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of
the Senate containing—
(1) information on the efforts that the Department of the
Treasury has made to encourage the formation of public-private
partnerships to protect critical financial infrastructure and the
type of support that the Department has provided to such
partnerships; and
(2) recommendations for administrative or legislative action
regarding such partnerships, as the Secretary may determine
to be appropriate.
SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
(a) SHORT TITLE.—This section may be cited as the ‘‘Emergency
Securities Response Act of 2004’’.
(b) EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECURITIES AND EXCHANGE COMMISSION.—
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Emergency
Securities
Response Act of
2004.
15 USC 78a note.
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PUBLIC LAW 108–458—DEC. 17, 2004
(1) EXTENSION OF AUTHORITY.—Section 12(k)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended
to read as follows:
‘‘(2) EMERGENCY ORDERS.—
‘‘(A) IN GENERAL.—The Commission, in an emergency,
may by order summarily take such action to alter, supplement, suspend, or impose requirements or restrictions with
respect to any matter or action subject to regulation by
the Commission or a self-regulatory organization under
the securities laws, as the Commission determines is necessary in the public interest and for the protection of
investors—
‘‘(i) to maintain or restore fair and orderly securities markets (other than markets in exempted securities);
‘‘(ii) to ensure prompt, accurate, and safe clearance
and settlement of transactions in securities (other than
exempted securities); or
‘‘(iii) to reduce, eliminate, or prevent the substantial disruption by the emergency of—
‘‘(I) securities markets (other than markets
in exempted securities), investment companies, or
any other significant portion or segment of such
markets; or
‘‘(II) the transmission or processing of securities transactions (other than transactions in
exempted securities).
‘‘(B) EFFECTIVE PERIOD.—An order of the Commission
under this paragraph shall continue in effect for the period
specified by the Commission, and may be extended. Except
as provided in subparagraph (C), an order of the Commission under this paragraph may not continue in effect for
more than 10 business days, including extensions.
‘‘(C) EXTENSION.—An order of the Commission under
this paragraph may be extended to continue in effect for
more than 10 business days if, at the time of the extension,
the Commission finds that the emergency still exists and
determines that the continuation of the order beyond 10
business days is necessary in the public interest and for
the protection of investors to attain an objective described
in clause (i), (ii), or (iii) of subparagraph (A). In no event
shall an order of the Commission under this paragraph
continue in effect for more than 30 calendar days.
‘‘(D) SECURITY FUTURES.—If the actions described in
subparagraph (A) involve a security futures product, the
Commission shall consult with and consider the views of
the Commodity Futures Trading Commission.
‘‘(E) EXEMPTION.—In exercising its authority under this
paragraph, the Commission shall not be required to comply
with the provisions of—
‘‘(i) section 19(c); or
‘‘(ii) section 553 of title 5, United States Code.’’.
(c) CONSULTATION; DEFINITION OF EMERGENCY.—Section
12(k)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(6))
is amended to read as follows:
‘‘(6) CONSULTATION.—Prior to taking any action described
in paragraph (1)(B), the Commission shall consult with and
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consider the views of the Secretary of the Treasury, the Board
of Governors of the Federal Reserve System, and the Commodity Futures Trading Commission, unless such consultation
is impracticable in light of the emergency.
‘‘(7) DEFINITIONS.—For purposes of this subsection—
‘‘(A) the term ‘emergency’ means—
‘‘(i) a major market disturbance characterized by
or constituting—
‘‘(I) sudden and excessive fluctuations of securities prices generally, or a substantial threat
thereof, that threaten fair and orderly markets;
or
‘‘(II) a substantial disruption of the safe or
efficient operation of the national system for clearance and settlement of transactions in securities,
or a substantial threat thereof; or
‘‘(ii) a major disturbance that substantially disrupts, or threatens to substantially disrupt—
‘‘(I) the functioning of securities markets,
investment companies, or any other significant
portion or segment of the securities markets; or
‘‘(II) the transmission or processing of securities transactions; and
‘‘(B) notwithstanding section 3(a)(47), the term ‘securities laws’ does not include the Public Utility Holding Company Act of 1935.’’.
(d) PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY
WITH RESPECT TO GOVERNMENT SECURITIES.—Section 15C of the
Securities Exchange Act of 1934 (15 U.S.C. 78o–5) is amended
by adding at the end the following:
‘‘(h) EMERGENCY AUTHORITY.—The Secretary may, by order,
take any action with respect to a matter or action subject to regulation by the Secretary under this section, or the rules of the Secretary
under this section, involving a government security or a market
therein (or significant portion or segment of that market), that
the Commission may take under section 12(k)(2) with respect to
transactions in securities (other than exempted securities) or a
market therein (or significant portion or segment of that market).’’.
(e) JOINT REPORT ON IMPLEMENTATION OF FINANCIAL SYSTEM
RESILIENCE RECOMMENDATIONS.—
(1) REPORT REQUIRED.—Not later than April 30, 2006, the
Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Securities and Exchange
Commission shall prepare and submit to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a joint report 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.
(2) CONTENTS OF REPORT.—The report required by paragraph (1) shall—
(A) examine the efforts to date of private sector financial services firms covered by the Interagency Paper to
implement enhanced business continuity plans;
(B) examine the extent to which the implementation
of such business continuity plans has been done in a geographically dispersed manner, including an analysis of the
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PUBLIC LAW 108–458—DEC. 17, 2004
extent to which such firms have located their main and
backup facilities in separate electrical networks, in different watersheds, in independent transportation systems,
and using separate telecommunications centers, and the
cost and technological implications of further dispersal;
(C) examine the need to cover a larger range of private
sector financial services firms that play significant roles
in critical financial markets than those covered by the
Interagency Paper; and
(D) recommend legislative and regulatory changes that
will—
(i) expedite the effective implementation of the
Interagency Paper by all covered financial services
entities; and
(ii) optimize the effective implementation of business continuity planning by the financial services
industry.
(3) CONFIDENTIALITY.—Any information provided to the
Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or the Securities and Exchange Commission for the purposes of the preparation and submission of
the report required by paragraph (1) shall be treated as privileged and confidential. For purposes of section 552 of title
5, United States Code, this subsection shall be considered a
statute described in subsection (b)(3)(B) of that section 552.
(4) DEFINITION.—As used in this subsection, the terms
‘‘Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System’’ and ‘‘Interagency Paper’’
mean the interagency paper prepared by the Board of Governors
of the Federal Reserve System, the Comptroller of the Currency,
and the Securities and Exchange Commission that was
announced in the Federal Register on April 8, 2003.
SEC. 7804. PRIVATE SECTOR PREPAREDNESS.
It is the sense of Congress that the insurance industry and
credit-rating agencies, where relevant, should carefully consider
a company’s compliance with standards for private sector disaster
and emergency preparedness in assessing insurability and creditworthiness, to ensure that private sector investment in disaster
and emergency preparedness is appropriately encouraged.
TITLE VIII—OTHER MATTERS
Subtitle A—Intelligence Matters
50 USC 403–1
note.
SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.
(a) IN GENERAL.—The Director of National Intelligence shall
establish a formal relationship, including information sharing,
between the elements of the intelligence community and the
National Infrastructure Simulation and Analysis Center.
(b) PURPOSE.—The purpose of the relationship under subsection
(a) shall be to permit the intelligence community to take full advantage of the capabilities of the National Infrastructure Simulation
and Analysis Center, particularly vulnerability and consequence
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analysis, for real time response to reported threats and long term
planning for projected threats.
Subtitle B—Department of Homeland
Security Matters
SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.
6 USC 343 note.
(a) FINDINGS.—Congress makes the following findings:
(1) Geospatial technologies and geospatial data improve
government capabilities to detect, plan for, prepare for, and
respond to disasters in order to save lives and protect property.
(2) Geospatial data improves the ability of information
technology applications and systems to enhance public security
in a cost-effective manner.
(3) Geospatial information preparedness in the United
States, and specifically in the Department of Homeland Security, is insufficient because of—
(A) inadequate geospatial data compatibility;
(B) insufficient geospatial data sharing; and
(C) technology interoperability barriers.
(b) HOMELAND SECURITY GEOSPATIAL INFORMATION.—Section
703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Chief
Information’’; and
(2) by adding at the end the following:
‘‘(b) GEOSPATIAL INFORMATION FUNCTIONS.—
‘‘(1) DEFINITIONS.—As used in this subsection:
‘‘(A) GEOSPATIAL INFORMATION.—The term ‘geospatial
information’ means graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth and any information related thereto,
including surveys, maps, charts, remote sensing data, and
images.
‘‘(B) GEOSPATIAL TECHNOLOGY.—The term ‘geospatial
technology’ means any technology utilized by analysts,
specialists, surveyors, photogrammetrists, hydrographers,
geodesists, cartographers, architects, or engineers for the
collection, storage, retrieval, or dissemination of geospatial
information, including—
‘‘(i) global satellite surveillance systems;
‘‘(ii) global position systems;
‘‘(iii) geographic information systems;
‘‘(iv) mapping equipment;
‘‘(v) geocoding technology; and
‘‘(vi) remote sensing devices.
‘‘(2) OFFICE OF GEOSPATIAL MANAGEMENT.—
‘‘(A) ESTABLISHMENT.—The Office of Geospatial
Management is established within the Office of the Chief
Information Officer.
‘‘(B) GEOSPATIAL INFORMATION OFFICER.—
‘‘(i) APPOINTMENT.—The Office of Geospatial
Management shall be administered by the Geospatial
Information Officer, who shall be appointed by the
Secretary and serve under the direction of the Chief
Information Officer.
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PUBLIC LAW 108–458—DEC. 17, 2004
‘‘(ii) FUNCTIONS.—The Geospatial Information
Officer shall assist the Chief Information Officer in
carrying out all functions under this section and in
coordinating the geospatial information needs of the
Department.
‘‘(C) COORDINATION OF GEOSPATIAL INFORMATION.—The
Chief Information Officer shall establish and carry out
a program to provide for the efficient use of geospatial
information, which shall include—
‘‘(i) providing such geospatial information as may
be necessary to implement the critical infrastructure
protection programs;
‘‘(ii) providing leadership and coordination in
meeting the geospatial information requirements of
those responsible for planning, prevention, mitigation,
assessment and response to emergencies, critical infrastructure protection, and other functions of the Department; and
‘‘(iii) coordinating with users of geospatial information within the Department to assure interoperability
and prevent unnecessary duplication.
‘‘(D) RESPONSIBILITIES.—In carrying out this subsection, the responsibilities of the Chief Information Officer
shall include—
‘‘(i) coordinating the geospatial information needs
and activities of the Department;
‘‘(ii) implementing standards, as adopted by the
Director of the Office of Management and Budget under
the processes established under section 216 of the EGovernment Act of 2002 (44 U.S.C. 3501 note), to
facilitate the interoperability of geospatial information
pertaining to homeland security among all users of
such information within—
‘‘(I) the Department;
‘‘(II) State and local government; and
‘‘(III) the private sector;
‘‘(iii) coordinating with the Federal Geographic
Data Committee and carrying out the responsibilities
of the Department pursuant to Office of Management
and Budget Circular A–16 and Executive Order 12906;
and
‘‘(iv) making recommendations to the Secretary
and the Executive Director of the Office for State and
Local Government Coordination and Preparedness on
awarding grants to—
‘‘(I) fund the creation of geospatial data; and
‘‘(II) execute information sharing agreements
regarding geospatial data with State, local, and
tribal governments.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be necessary
to carry out this subsection for each fiscal year.’’.
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Subtitle C—Homeland Security Civil
Rights and Civil Liberties Protection
SEC. 8301. SHORT TITLE.
This subtitle may be cited as the ‘‘Homeland Security Civil
Rights and Civil Liberties Protection Act of 2004’’.
Homeland
Security Civil
Rights and Civil
Liberties
Protection Act of
2004.
6 USC 101 note.
SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6
U.S.C. 111(b)(1)) is amended—
(1) in subparagraph (F), by striking ‘‘and’’ after the semicolon;
(2) by redesignating subparagraph (G) as subparagraph
(H); and
(3) by inserting after subparagraph (F) the following:
‘‘(G) ensure that the civil rights and civil liberties
of persons are not diminished by efforts, activities, and
programs aimed at securing the homeland; and’’.
SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
345(a)) is amended—
(1) by amending the matter preceding paragraph (1) to
read as follows:
‘‘(a) IN GENERAL.—The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall—’’;
(2) by amending paragraph (1) to read as follows:
‘‘(1) review and assess information concerning abuses of
civil rights, civil liberties, and profiling on the basis of race,
ethnicity, or religion, by employees and officials of the Department;’’;
(3) in paragraph (2), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(3) assist the Secretary, directorates, and offices of the
Department to develop, implement, and periodically review
Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities;
‘‘(4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights
and civil liberties of individuals affected by the programs and
activities of the Department;
‘‘(5) coordinate with the Privacy Officer to ensure that—
‘‘(A) programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations are
addressed in an integrated and comprehensive manner;
and
‘‘(B) Congress receives appropriate reports regarding
such programs, policies, and procedures; and
‘‘(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector
General of the Department determines that any such complaint
or information should be investigated by the Inspector General.’’.
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PUBLIC LAW 108–458—DEC. 17, 2004
SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY
OFFICE OF INSPECTOR GENERAL.
Section 8I of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
‘‘(f)(1) The Inspector General of the Department of Homeland
Security shall designate a senior official within the Office of
Inspector General, who shall be a career member of the civil service
at the equivalent to the GS–15 level or a career member of the
Senior Executive Service, to perform the functions described in
paragraph (2).
‘‘(2) The senior official designated under paragraph (1) shall—
‘‘(A) coordinate the activities of the Office of Inspector
General with respect to investigations of abuses of civil rights
or civil liberties;
‘‘(B) receive and review complaints and information from
any source alleging abuses of civil rights and civil liberties
by employees or officials of the Department and employees
or officials of independent contractors or grantees of the Department;
‘‘(C) initiate investigations of alleged abuses of civil rights
or civil liberties by employees or officials of the Department
and employees or officials of independent contractors or
grantees of the Department;
‘‘(D) ensure that personnel within the Office of Inspector
General receive sufficient training to conduct effective civil
rights and civil liberties investigations;
‘‘(E) consult with the Officer for Civil Rights and Civil
Liberties regarding—
‘‘(i) alleged abuses of civil rights or civil liberties; and
‘‘(ii) any policy recommendations regarding civil rights
and civil liberties that may be founded upon an investigation by the Office of Inspector General;
‘‘(F) provide the Officer for Civil Rights and Civil Liberties
with information regarding the outcome of investigations of
alleged abuses of civil rights and civil liberties;
‘‘(G) refer civil rights and civil liberties matters that the
Inspector General decides not to investigate to the Officer for
Civil Rights and Civil Liberties;
‘‘(H) ensure that the Office of the Inspector General publicizes and provides convenient public access to information
regarding—
‘‘(i) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and
‘‘(ii) the status of corrective actions taken by the
Department in response to Office of the Inspector General
reports; and
‘‘(I) inform the Officer for Civil Rights and Civil Liberties
of any weaknesses, problems, and deficiencies within the
Department relating to civil rights or civil liberties.’’.
SEC. 8305. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142) is amended—
(1) in the matter preceding paragraph (1), by inserting
‘‘, who shall report directly to the Secretary,’’ after ‘‘in the
Department’’;
(2) in paragraph (4), by striking ‘‘and’’ at the end;
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(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
‘‘(5) coordinating with the Officer for Civil Rights and Civil
Liberties to ensure that—
‘‘(A) programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations are
addressed in an integrated and comprehensive manner;
and
‘‘(B) Congress receives appropriate reports on such programs, policies, and procedures; and’’.
SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE
DEPARTMENT OF HOMELAND SECURITY.
6 USC 112 note.
The Secretary of Homeland Security shall ensure that the
Department of Homeland Security complies with the protections
for human research subjects, as described in part 46 of title 45,
Code of Federal Regulations, or in equivalent regulations as promulgated by such Secretary, with respect to research that is conducted
or supported by the Department.
Subtitle D—Other Matters
SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO
ENHANCE AGENCY PLANNING FOR INFORMATION SECURITY NEEDS.
Chapter 113 of title 40, United States Code, is amended—
(1) in section 11302(b), by inserting ‘‘security,’’ after ‘‘use,’’;
(2) in section 11302(c), by inserting ‘‘, including information
security risks,’’ after ‘‘risks’’ both places it appears;
(3) in section 11312(b)(1), by striking ‘‘information technology investments’’ and inserting ‘‘investments in information
technology (including information security needs)’’; and
(4) in section 11315(b)(2), by inserting ‘‘, secure,’’ after
‘‘sound’’.
SEC. 8402. ENTERPRISE ARCHITECTURE.
28 USC 531 note.
(a) ENTERPRISE ARCHITECTURE DEFINED.—In this section, the
term ‘‘enterprise architecture’’ means a detailed outline or blueprint
of the information technology of the Federal Bureau of Investigation
that will satisfy the ongoing mission and goals of the Federal
Bureau of Investigation and that sets forth specific and identifiable
benchmarks.
(b) ENTERPRISE ARCHITECTURE.—The Federal Bureau of Investigation shall—
(1) continually maintain and update an enterprise architecture; and
(2) maintain a state of the art and up to date information
technology infrastructure that is in compliance with the enterprise architecture of the Federal Bureau of Investigation.
(c) REPORT.—Subject to subsection (d), the Director of the Federal Bureau of Investigation shall, on an annual basis, submit
to the Committees on the Judiciary of the Senate and House of
Representatives a report on whether the major information technology investments of the Federal Bureau of Investigation are in
compliance with the enterprise architecture of the Federal Bureau
of Investigation and identify any inability or expectation of inability
to meet the terms set forth in the enterprise architecture.
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PUBLIC LAW 108–458—DEC. 17, 2004
(d) FAILURE TO MEET TERMS.—If the Director of the Federal
Bureau of Investigation identifies any inability or expectation of
inability to meet the terms set forth in the enterprise architecture
in a report under subsection (c), the report under subsection (c)
shall—
(1) be twice a year until the inability is corrected;
(2) include a statement as to whether the inability or
expectation of inability to meet the terms set forth in the
enterprise architecture is substantially related to resources;
and
(3) if the inability or expectation of inability is substantially
related to resources, include a request for additional funding
that would resolve the problem or a request to reprogram
funds that would resolve the problem.
(e) ENTERPRISE ARCHITECTURE, AGENCY PLANS AND REPORTS.—
This section shall be carried out in compliance with the requirements set forth in section 1016(e) and (h).
SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS.
Deadline.
Reports.
5 USC 1101 note.
Deadline.
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(a) STUDY.—Not later than 90 days after the date of enactment
of this Act, the Office of Government Ethics shall submit to Congress a report—
(1) evaluating the financial disclosure process for employees
of the executive branch of Government; and
(2) making recommendations for improving that process.
(b) TRANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY
APPOINTED POSITIONS TO PRESIDENTIAL CANDIDATES.—
(1) DEFINITION.—In this section, the term ‘‘major party’’
has the meaning given that term under section 9002(6) of
the Internal Revenue Code of 1986.
(2) TRANSMITTAL.—
(A) IN GENERAL.—Not later than 15 days after the
date on which a major party nominates a candidate for
President, the Office of Personnel Management shall
transmit an electronic record to that candidate on Presidentially appointed positions.
(B) OTHER CANDIDATES.—After making transmittals
under subparagraph (A), the Office of Personnel Management may transmit an electronic record on Presidentially
appointed positions to any other candidate for President.
(3) CONTENT.—The record transmitted under this subsection shall provide—
(A) all positions which are appointed by the President,
including the title and description of the duties of each
position;
(B) the name of each person holding a position
described under subparagraph (A);
(C) any vacancy in the positions described under
subparagraph (A), and the period of time any such position
has been vacant;
(D) the date on which an appointment made after
the applicable Presidential election for any position
described under subparagraph (A) is necessary to ensure
effective operation of the Government; and
(E) any other information that the Office of Personnel
Management determines is useful in making appointments.
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(c) REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH
SENATE CONFIRMATION.—
(1) DEFINITION.—In this subsection, the term ‘‘agency’’
means an Executive agency as defined under section 105 of
title 5, United States Code.
(2) REDUCTION PLAN.—
(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the head of each agency
shall submit a Presidential appointment reduction plan
to—
(i) the President;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(iii) the Committee on Government Reform of the
House of Representatives.
(B) CONTENT.—The plan under this paragraph shall provide for the reduction of—
(i) the number of positions within that agency
that require an appointment by the President, by and
with the advice and consent of the Senate; and
(ii) the number of levels of such positions within
that agency.
(d) OFFICE OF GOVERNMENT ETHICS REVIEW OF CONFLICT OF
INTEREST LAW.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Director of the Office of Government Ethics, in consultation with the Attorney General of the
United States, shall conduct a comprehensive review of conflict
of interest laws relating to executive branch employment and
submit a report to—
(A) the President;
(B) the Committees on Homeland Security and Governmental Affairs and the Judiciary of the Senate;
(C) the Committees on Government Reform and the
Judiciary of the House of Representatives.
(2) CONTENTS.—The report under this subsection shall
examine sections 203, 205, 207, and 208 of title 18, United
States Code.
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Deadline.
Deadline.
Reports.
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PUBLIC LAW 108–458—DEC. 17, 2004
SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO
HONOR TICKETS FOR SUSPENDED AIR PASSENGER
SERVICE.
Section 145(c) of the Aviation and Transportation Security Act
(49 U.S.C. 40101 note) is amended by striking ‘‘more than’’ and
all that follows and inserting ‘‘after November 19, 2005.’’.
Approved December 17, 2004.
LEGISLATIVE HISTORY—S. 2845 (H.R. 10):
HOUSE REPORTS: Nos. 108–724, Pt. 1 (Permanent Select Comm. on Intelligence),
Pt. 2 (Comm. on Armed Services), Pt. 3 (Comm. on Financial
Services), Pt. 4 (Comm. on Government Reform), and Pt. 5
(Comm. on the Judiciary) all accompanying H.R. 10, and
108–796 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 27–30, Oct. 1, 4–6, considered and passed Senate.
Oct. 16, considered and passed House pursuant to H. Res. 827.
Dec. 7, House agreed to conference report.
Dec. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 17, Presidential remarks and statement.
Æ
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| File Type | application/pdf |
| File Title | E:\PUBLAW\PUBL458.108 |
| File Modified | 2012-03-20 |
| File Created | 2005-03-02 |